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12/17/2002 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 17, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA III. ^ RECOGNITIONS & PRESENTATIONS 1. Sam's Club - Safe Neighborhood Heroes Grant L~ 2. Eagan Citizen's Crime Prevention Association S 3. Mn/DOT Asphalt Paving Award for Best County/Municipal (Urban State Aid) Project Completed in Minnesota in 2002 (Lexington Avenue Upgrade, Contract 01-07) 4. Mayor Awada and Councihnember Bakken - Service Awards IV. CONSENT AGENDA V'A. APPROVE MINUTES A / B. PERSONNEL ITEMS .2 C. CHECK REGISTERS P.1 D. APPROVE 2003 Trash Hauler License Renewals e to E. APPROVE 2003 Tobacco License Renewals -pA1F. APPROVE 2003 Kennel License Renewals G. APPROVE 2003 Pet Shop License Renewals H. APPROVE Vendor for Eagan Business News 301. AUTHORIZE Funding for Historic Road and Trails p~3`rJ. APPROVE Radio Frequency Control Station Use Agreement K. APPROVE Purchase Agreement for 3820 Alder Lane T 0L. APPROVE 2003 Enterprise Fund budgets for Water, Sanitary Sewer, Street Lighting, Storm P Drainage, Water Quality, Civic Arena, and Cascade Bay P Jl0%."~ M. APPROVE 2003 Special Revenue budgets, including Housing Fund, Police Forfeiture Fund, Economic Recovery Grant Fund, Cedar Grove Special Services Fund, and Cable Franchise Fees C Fund • J T N. APPROVE 2003 budgets for Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television 100 O. APPROVE On-Sale Liquor and Sunday License for Cerrito Colorado, Inc. dba El Loro Mexican P ' Restaurant !j I P. APPROVE Change Order #8 - Community Center P b 2 Q. APPROVE Revision to the November 26, 2002 City Council minutes bgR. APPROVE Extension for recording Conditional Use Permit, Wal-Mart S. DIRECT City Attorney to Amend the Sign Ordinance P~, T. APPROVE Modifications to the Chapter 11 (Zoning) Ordinance U. APPROVE Final Subdivision, Wendolek Woods, Randy Wendolek 7 V. APPROVE Final Subdivision and Final Planned Development, Eagan Heights Townhomes 3`d Addition - Jadean Development, Inc. n98W. APPROVE Final Subdivision and Final Planned Development, Greyhawk Addition - Mark r Gergen and Associates PgQ X. APPROVE Final Subdivision, Waters Edge - McDonald Construction, Inc. gaY. APPROVE Final Planned Development and Final Plat, Gift of Mary - Gift of Mary (to be continued until afterpublic hearing) P9YZ. APPROVE Final Planned Development, Eagan Senior Housing Addition Phase II - Dakota County CDA IPggAA. AUTHORIZE Feasibility Report for Project 886 (Lone Oak Road Upgrade) "BB. APPROVE 2003 General Engineering Services Rates for Consulting Engineering Firms ~q~CC. APPROVE Change Order #1 for Project 828, Super Storm Mitigation (Home Modification - F 1348 Wilderness Run Drive) DJ$DD. APPROVE Change Order #1 for Contract 01-12B (July 2000 Storm Mitigation - Landscaping I Improvements) P, Y EE. APPROVE Change Order 46 for Contract 01-04 (Central parkway - Street and Utility Improvements) tl 95FF. APPROVE Change Order #3 for Contract 01-05 (Cedar Grove Access Modifications 1- 9L GG. APPROVE Change Order #4 for Contract 01-07 (Lexington Avenue - Street and Utility Improvements) 9'HH. SET Public Hearing Date to Consider Revocation of Interim Use Permit for Jim Oberg - City of Eagan. P 4411. APPROVE Premises Permit Renewals for Mendota Heights Athletic Association - LaFonda's and Valley Lounge loath. APPROVE Final Payment for Contract 01-12A (July 2000 Storm Mitigation - Landscaping Improvements) KK. APPROVE Extension for Recording Final Plat of Cedar Villas, Shelter Corp. V. 6:30 - PUBLIC HEARINGS p)p3A. 2002 Property Tax Levy p ~OS B. 2003 General Fund Budget C. Issuance of $12,975,000 Multi-Family Housing Revenue Refunding Bonds - Thomas Lake G Apartments aAD. Issuance of $5,380,000 Multi-Family Housing Revenue Refunding Bonds - Aspen Woods Apartments (to be continued). Project 680, Cliff Road, Final Assessment (Street & Utility Improvements) F. Project 751R, Dodd Road South, Final Assessment (Street & Utility Improvements) Project 850, Dodd Road North, Diffley to Camberwell, Final Assessment - (Street and Utility _D1 Improvements) P 81. Project 862, Dodd Road North, Camberwell to Wescott, Final Assessment (Street and Utility Improvements) 19611. Project 874, Gift of Mary (Street & Utility Improvements) VI. OLD BUSINESS VII. NEW BUSINESS Eagan Core Greenway / Friends of Patrick Eagan Park Resolution 2003 Fee Schedule establishing fees for various City services, supplies, and materials a`s• C. Preliminary Subdivision - Brad Swenson. A Preliminary Subdivision (Zehnder Ponds) of P approximately 1.07 acres to create two single family lots, located on Lone Oak Road east of Lone Oak Lane in the SE of Section 4. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads ( 4 [ !X. ECONOMIC DEVELOPMENT AUTHORITY u XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. 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. ssue- MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 13, 2002 SUBJECT: AGENDA INFORMATION FOR DECEMBER 17, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 17, 2002 City Council agenda, the following items are in order for consideration. AGENDA MEMO December 17, 2002 RECOGNITIONS AND PRESENTATIONS: SAM'S CLUB - SAFE NEIGHBORHOOD HEROES PROGRAM A representative of Sam's Club will be making a presentation regarding a donation that will be made to the Police and Fire Departments. ATTACHMENTS: Attached as page .3 is information regarding the Safe Neighborhood Heroes Program. CZ FROM :SAM'S CLUB 4738 FAX NO. :6514058255 Nov. 27 2002 12:45PM P2 Safe Neighborhood Heroes Page 1 of 1 Safe Neighborhood Heroes 2002 Program Guidelines What Is the Safe Neighborhood Heroes Grant? Safe neighborhoods and communities are important to all of us. The Safe Neighborhood Heroes Grant is a $1,200 grant that is available to all field locations (Wal-Mart, SAM'S CLUBS and DCs) to be used in support of local Police, Fire, Rescue and EMS organizations. Now to apply: The application for this program will be available online beginning May 1, 2002. The online process is identical to other online programs, such as Matching/Bonus Grants, Grandparents' Day, etc. (Distribution Centers and Transportation Offices must FAX their application directly to the Wal-Mart Foundation at 479 273-8650. All other locations must submit their application online.) Annual budget: The Safe Neighborhood Heroes Grant can be designated to multiple organizations, in varying denominations, or to a single recipient. Organizations are NOT required to hold a fundraiser to be eligible for this grant. The annual budget for your location is $1,200. What types of organizations quality? Any local Law Enforoement, Fire, Rescue or EMS organization, that vould normally qualify for Matching/Bonus grants can qualify for the Safe Neighborhood Heroes Grant. Volunteer fire departments (VFD) may also be eligible, provided they have a 50103 tax id or can provide a letter from the local city/county govemment stating that the VFD is a government agency. Examples of programs that would qualify for this funding would be: • Bullet-proof vests for local Police Depart neriis ` • K-9 dogs for local Sheriff's Departments • Thermal imaging cameras for local Fire Departments • Fire safety education houses • Jaws-of-Life for local volunteer Rescue/EMS Unit. When Is the best time to award this grant? We encourage the use of a portion of this grant in conjunction with National Safety Month, which is the month of October. (This is great way to maximize the visibility of this grant.) However, as each community's need is different, the grant may be distributed at any time throughout the year, beginning May 1, 2002. Questions? If you have questions regarding this grant, you should :contact the Wal-Mart Foundation Hotline at (800) 530-9925. Last Updated: March 27, 2002 AN Material Wal-Mart Stores Inc. Confidential. ® 2002. bttp'//pipeline.wal-mart.com/prog=s/fo=dation/snh,btm 1112712002 Agenda Information Memo December 17, 2002 Eagan City Council Meeting a Recognition of the Eagan Citizen's Crime Prevention Association ACTION TO BE CONSIDERED: Accept a donation of up to $20,000.00 from the Eagan Citizen's Crime Prevention Association. This money will be used by the Eagan Police Department to fund the start-up costs of 2 motorcycles for a traffic unit. FACTS: • The number of traffic deaths and related injuries in Eagan is staggering. Between 1991 and 2001, 28 people were killed on Eagan roadways. During the same period, 4220 people were injured. • The Eagan Police Department strives to promote traffic safety by utilizing education and enforcement strategies. For example, the department utilizes a "speed trailer" in various locations throughout Eagan that displays speeds of passing vehicles. Regarding enforcement activity, the police department has repeatedly been awarded "Safe and Sober" grant monies that provide additional patrol officers to work traffic enforcement projects. Furthermore, Eagan Officers place traffic enforcement and education as a priority in their daily patrol duties. • To help with enforcement efforts, the Eagan Police Department has the opportunity to lease motorcycles. The funding available from the Eagan Citizen's Crime Prevention Association will pay start-up costs for equipment and training. • The motorcycles will be properly equipped to make them as visible as possible. Other communities instituting a traffic program involving the use of motorcycles have received a positive response from their communities. • Without the generous donation from the Eagan Citizen's Crime Prevention Association, the police department would be unable to fund this project. The work of this organization on behalf of Eagan Residents is commendable. • A representative from the ECCPA will be on-hand to present the donation to the City Council. ATTACHMENTS None Agenda Information Memo December 17, 2002 RECOGNITIONS AND PRESENTATIONS 3. LEXINGTON AVENUE - CONSTRUCTION EXCELLENCE AWARD The Minnesota Department of Transportation (MnDOT) has presented the City of Eagan with a Merit Award for Construction Excellence for the reconstruction of Lexington Ave. (Co. Rd. 43). It was deemed as the best in its class from throughout the entire state during 2002. The City of Eagan was the lead agency for this $6,300,000 County Road improvement responsible for all design, right of way acquisition, construction supervision and contract management. The City and its consulting engineering firm of SEH Inc. were presented with this award during the Minnesota Asphalt Pavement Association's annual conference on Dec. 2, 2002. City Engineer Russ Matthys, City Construction Manager Stan Lexvold, Consultant Project Manager Brian Johnson and Consultant Field Services Supervisor Al Horge of S E H Inc. were the team leaders for this award winning public improvement. ATTACHMENTS: • Award, page Soo F MINNESO O 4 S 1 LANES DEPARTMENT OF TRANSPORTATION ard ~J for CONSTRUCTION EXCELLENCE This Award is made to City of Eagan n recognition of your contribution to a construction project located in Dakota County, on Lexington Avenue (CSAH 43), from Town Centre Dr. to Lone Oak Road (CSAH 26), deemed to be the best of its class, completed in Minnesota during 2002 L(ouglas H _haar .1c rng Commissioner of Tran3pnrtutran Agenda Information Memo December 17, 2002 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 December 2, 2002 regular City Council meeting, the December 2, 2002 Listening Session, the December 10, 2002 special City Council meeting and the December 10, 2002 special City Council retreat as presented or modified. ATTACHMENTS: • Minutes of the December 2, 2002 regular City Council meeting are enclosed on pages through /5- • Minutes of the December 2, 2002 Listening Session are enclosed on page. • MT innutes of the December 10, 2002 special City Council meeting are enclosed on page 12 • Minutes of the December 10, 2002 special City Council retreat are enclosed on page o 0 Agenda Information Memo December 17, 2002 Eagan City Council Meeting III. RECOGNITIONS AND PRESENTATIONS 4. Mayor Awada and Councilmember Bakken-Service Awards ACTION TO BE CONSIDERED: To present Mayor Awada and Councilmember Bakken with plaques of appreciation for their dedicated years of service to the City of Eagan. FACTS: • Councilmember Paul Bakken served as an Eagan City Councilmember for four years, from 1999-2002. • Mayor Awada served the City as an Eagan City Councilmember from 1992-1998. • Mayor Awada was elected Mayor in 1999, and has served as Mayor for the past four years (1999-2202). MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota December 2, 2002 A regular meeting of the Eagan City Council was held on Tuesday, November 19, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt the agenda. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson asked that item B; Personnel Items be pulled from the Consent Agenda for discussion. A. Minutes. It was recommended to approve the minutes of the November 19, 2002 regular City Council meeting, the November 19, 2002 Listening Session and the November 26, 2002 Special City Council meeting as presented. B. Personnel Items. Pulled for Discussion 1. It was recommended to approve the hiring of Kerry Stang as a utility maintenance worker. 2. It was recommended to accept the resignation of Kris Forester, Clerical Tech III at Central Services Maintenance. 3. It was recommended to accept the retirement of Arnie Erhart, Superintendent of Streets and Equipment, effective March 21, 2003. 4. It was recommended to authorize the position of Facility Supervisor/Community Center and advertisement of the position. C. Check Registers. It was recommended to ratify the check registers dated November 21, 2002 and November 28, 2002 as presented. D. 2003 Trash Hauler License Renewals. It was recommended to approve the 2003 Trash Hauler License Renewals for Construction/Demo - Dick's Sanitation and Alpha Construction; Multiple Dwelling/Commercial - Dick's Sanitation; Residential - Dick's Sanitation. E. 2003 Tobacco License Renewals. It was recommended to approve 2003 Tobacco License Renewals for Valley Lounge and LaFonda's. F. 2003 Liquor License Renewals. It was recommended to approve the renewals of existing liquor licenses. G. Proiect 882. It was recommended to receive the Draft Feasibility Report for Project 882 (Crestridge Lane - Street Improvements) and schedule a public hearing to be held on February 4, 2003. H. Easement Vacation. It was recommended to receive a petition to vacate a public trail easement for Lot 2, Block 5 of the Wilderness Run 4`' Addition, and schedule a public hearing to be held on February 4, 2003. 1. Contract 02-01. It was recommended to approve the final payment for contract 02-01 (Beacon Hill / Brittany / Johnny Cake Ridge Additions / Covington Lane - Street Overlay) in the amount of $18,965.35 to Northwest Asphalt, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. J. Contract 01-09A. It was recommended to approve the final payment for Contract 01-09A (City-Wide Storm Sewer Lift Station Rehabilitation), in the amount of $111,983.30 to S.M. Hentges and Sons, Inc., and authorize perpetual City maintenance. K. Contract 02-11. It was recommended to approve Change Order No. 2 to Contract 02-11 (Dodd Road, Cliff Road to 120' Street (Butwin Road) - Street, Utility and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 02-13. It was recommended to approve Change Order No. 1 to Contract 02-13 (July 2000) Storm Mitigation Improvements - Miscellaneous Area 5) and authorize the Mayor and City Clerk to execute all related documents. M. Outlot A. It was recommended to acknowledge receipt of land dedication (Outlot A, Mari Acres 2"a Addition) gift to the City and authorize the Mayor and City Clerk to sign all related documents. Eagan City Council Meeting Minutes DRAFT December 2, 2002 Page 2 N. 5 Year Capital Improvement Program. It was recommended to amend the 5-year Captial Improvement Program (2003-2007) by reversing the Lone Oak Road (2005) and Pilot Knob Road (2004) proposed improvement schedules. 0. Code Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance Amendment to chapter 11, to allow currency exchange operations, as a Conditional Use, within the Neighborhood Business and Community Shopping Center Zoning Districts. P. Acceptance of Grant. It was recommended to authorize the Eagan City Administrator and the Eagan Chief of Police to accept a grant from the Minnesota Department of Public Safety for $4,200.00 Q. Beverage Provider - Eagan Community Center. It was recommended to approve the selection of Holiday Inn of Burnsville as the exclusive beverage provider for the Eagan Community Center and direct staff to enter into an agreement for their services. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 B. Councilmember Carlson questioned the proposed position of Facility Supervisor for the Community Center. Parks and Recreation Director Vraa discussed the need for the position. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the following personnel items. Aye: 5 Nay: 0 1. The hiring of Kerry Stang as a utility maintenance worker. 2. Accept the resignation of Kris Forester, Clerical Tech III at Central Services Maintenance. 3. Accept the retirement of Arnie Erhart, Superintendent of Streets and Equipment, effective March 21, 2003. 4. Authorize the position of Facility Supervisor/Community Center and advertisement of the position. PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2003 TRUTH-IN-TAXATION HEARING City Administrator Hedges, along with Chief Financial Officer Pepper, made a presentation on the 2003 tax levy and budget considerations. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Mayor Awada moved, Councilmember Bakken seconded a motion to set the 2003 levy and budget considerations for the December 17, 2002 City Council meeting. Aye: 5 Nay: 0 SIGN VARIANCE - ALL AMERICAN RECREATION - 3820 HIGHWAY 13 City Administrator Hedges introduced this item regarding a request for a 170 square foot variance to the 25 square foot total size standard and a 170 day variance from the 10 days out of any calendar month standard for temporary signs to be located in a Community Shopping Center zoning district. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny a 170 square foot Variance to the 25 square foot total size standard and a 170 day Variance from the 10 days out of any calendar month standard for two temporary signs to be located in a Community Shopping Center zoning district at 3820 Sibley Memorial Highway in the NE of Section 19. I Eagan City Council Meeting Minutes December 2, 2002 D n~ Page 3 F T Gerald Schiltz, applicant, discussed the reason for the variance request, stating that he does not want to invest a substantial amount of money into a sign that may not be needed if the property is sold to a developer. Councilmember Carlson stated she felt the proposed signage would not be in compliance with design standards for the area. Councilmember Bakken stated he would support the variance request, as it is only temporary and would facilitate long term development. Mayor Awada and Councilmember Tilley agreed with Councilmember Bakken. Mr. Schiltz suggested postponing action on the variance request until January 21, 2002 to allow additional time to find out the developer's intentions for the property. Councilmember Carlson withdrew the motion to deny the variance. Mayor Awada moved, Councilmember Bakken seconded a motion to close the public hearing and continue consideration of a 170 square foot Variance to the 25 square foot total size standard and a 170 day Variance from the 10 days out of any calendar month standard for two temporary signs to be located in a Community Shopping Center zoning district at 3820 Sibley Memorial Highway in the NE of Section 19. Aye: 5 Nay: 0 PROJECT 764R, SELMARK ADDITION, HARVEY ADDITION & BURRVIEW ACRES STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Selmark Addition, Harvey Addition and Burr-view Acres. Mark Hanson of Bonestroo Resene Anderlik and Associates made a presentation. Mayor Awada opened the public hearing. Three residents spoke expressing their concerns regarding traffic and pedestrian safety, trail system, parking on the street, and access to property during construction. Public Works Director Colbert explained that this project only involves structural rehabilitation and the trail issue will be addressed in the future with the Parks Department. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmembers agreed that notice should be sent to affected property owners regarding consideration of "No Parking" restrictions on Chapel Lane. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 764R (Selmark Addition, Harvey Addition and Burrview Acres - Street Improvements), deleting Alternatives, and authorize preparation of detailed final plans and specifications. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Tilley seconded a motion to continue consideration of "No Parking" signs on both sides of Chapel Lane (Dodd Lane to TH 149), and direct staff to notify residents of its reconsideration on December 17, 2002. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to direct staff to investigate the possibility of installing additional sidewalks and/or trails within Burr Oak Park and hold a neighborhood meeting. Aye: 5 Nay: 0 PROJECT 851, TOWN CENTRE AREA STREET & TRAFFIC MANAGEMENT IMPROVEMENTS City Administrator Hedges introduced this item regarding Town Centre area street and traffic management improvements. Tom Sohrweide, SEH, made a presentation on the proposed improvements. Mayor Awada and Councilmembers discussed various aspects of the proposed improvements including the dual left turn lanethat could possibly cause increased stacking at Yankee Doodle Road; the location of sidewalks; the possibility of a frontage road and the relocation of the street adjacent to Rainbow Foods. Councilmember Eagan City Council Meeting Minutes 0 December 2, 2002 Page 4 Bakken stated he felt the recommendations of the Task Force should be followed and additional improvements` could be made in the future if needed. Mayor Awada opened the public hearing. Representatives of area businesses, and two members of the Task Force, were present and voiced their concerns regarding proposed access changes, location of proposed sidewalks; crosswalks; assessment charges; safety issues; and recommendations made by the Task Force.The representative of Rainbow Foods stated that they were in favor of their proposed access relocation further to the west, would like to see the sidewalk relocated to the north and west side of Town Center Dr and expressed concerns about the impact to their newly re-striped parking lot. A representative of the Auto Mall stated their opposition to the proposed assessments and the median along Duckwood Dr. that would reduce their current full access. A representative of Comer Stone Self Storage would like to see the area of their frontage road serving the car service businesses to the north removed from the assessable area. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 851 (Town Centre Area - Street and Traffic Management Improvements) with the following conditions: Aye: 5 Nay: 0 1. Commercial properties to be assessed on an area basis, and Residential properties to be assessed on a frontage basis. 2. Include sidewalk on Town Centre Drive on the west/north side. 3. Include Alternate #1, Left-turn lane on south leg of Town Centre/Denmark intersection 4. Include Option A (single left-turn lane on west leg of Duckwood/Town Centre) for Area 3; and authorize that the approval of the project shall be for two years, acquire right of way through quick take condemnation if necessary, and the preparation of detailed final plans and specifications. 5. The eastern access from Duckwood to Walmart shall be closed. PROJECT 875, LEXINGTON PLACE / LEXINGTON PLACE SOUTH ADDITIONS STREET OVERLAY City Administrator Hedges introduced this item regarding street overlay for Lexington Place and Lexington Place South Additions. City Engineer Matthys gave a staff report. Mayor Awada opened the public hearing. There being no public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 875 (Lexington Place / Lexington Place South Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 876, DREXEL HEIGHTS ADDITION STREET OVERLAY City Administrator Hedges introduced this item regarding street overlay for Drexel Heights Addition. City Engineer Matthys gave a staff report. Mayor Awada opened the public hearing. One resident spoke requesting information regarding the need for the overlay and questioned a pre-payment option for the proposed assessments. City Engineer Matthys responded. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve Project 876 (Drexel Heights Addition - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay:0 Eagan City Council Meeting Minutes DR r December 2, 2002 A C / Page 5 BLACKHAWK PLAZA (LOT 3, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement. Public Works Director Colbert gave a staff report and recommended that action be continued until consideration of the Final Plat and Subdivision for Greyhawk Addition. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue any action of the vacation of public drainage and utility easements within Lot 3, Block 1, Blackhawk Plaza until consideration of the Final Plat and Subdivision for Greyhawk Addition. Aye: 5 Nay: 0 OLD BUSINESS VARIANCE - WEST END HUNTING AND FISHING CLUB City Administrator Hedges introduced this item regarding a request for a variance to parking lot requirements for the West End hunting and Fishing Club. This item was continued from the November 19, 2002 City Council meeting. Senior Planner Ridley gave a staff report. Quinn Hutson, representing the Hunting and Fishing Club stated they would agree to install as holding tank and then connect to City services within 12 months of service availability. He further stated they would install a NURP pond and would pave the parking lot within 24 months of improved access being provided. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road subject to the proposals contained in the November 27, 2002 memo to the Eagan City Council and staff and the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. 2. The owner shall provide dust control for the crushed rock parking lot and drive. 3. A development agreement shall be attached to the variance. 4. The applicant waives the right to appeal assessments at the time of public improvements. FINAL REDEVELOPMENT AGREEMENT - DELTA DEVELOPMENT, INC. (CEDAR GROVE REDEVELOPMENT AREA) City Administrator Hedges discussed this item regarding a development agreement with Delta Development, Inc. which was reviewed in detail at a previous Economic Development Authority meeting. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Final Redevelopment agreement with Delta Development, Inc. in the Cedar Grove Redevelopment Area. Aye: 5 Nay: 0 GIFT OF MARY WETLANDS REPLACEMENT PLAN City Administrator Hedges introduced this item regarding the proposed wetland replacement plan application by Sharing and Caring Hands for the Gift of Mary Children's Home development. Eric MacBeth gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the proposed wetland replacement plan application by Sharing and Caring Hands for the Gift of Mary Children's Home development. I Eagan City Council Meeting Minutes DRT December 2, 2002 ,q F Page 6 Don Elsenheimer, Westbury Way, requested the hearing be postponed to allow further investigation of impact on the wetland should the houses be moved closer together. Council agreed to take action on the next agenda item which pertains to the Gift of Mary project before acting on the wetlands replacement plan. Councilmember Bakken withdrew the motion. CONDITION MODIFICATION - GIFT OF MARY City Administrator Hedges introduced this item regarding a modification to the conditions of Preliminary Planned Development approval for the Gift of Mary project located north of Highway 55 and south of Lone Oak Road. Senior Planner Ridley gave a staff report. Don Elsenheimer questioned the reason for the modification. Staff explained the very minor change to the conditions of the Preliminary Planned Development. Representatives of the applicant were present and further explained the reason for the small change. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a modification to the conditions of Preliminary Planned Development approval for the Gift of Mary project located north of Highway 55 and south of Lone Oak Road adjacent to the Inver Grove Heights border, in the NE of Section 12, as follows: Aye: 5 Nay: 0 10. 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. Any such public improvement project must be awarded prior to issuance of any certificates of occupancy. 43. Minimum setbacks between residential structures shall not be les than ten (10) feet. GIFT OF MARY WETLANDS REPLACEMENT PLAN - CONTINUED. Councilmember Bakken moved, Councihnember Tilley seconded a motion to approve the proposed wetland replacement plan application by Sharing and Caring Hands for the Gift of Mary Children's Home development. Aye: 5 Nay: 0 Don Elsenheimer expressed concern regarding the wetland impact related to the Wetland Conservation Act (WCA) and the Technical Evaluation Panel (TEP). Members of staff and Council along with the applicant's engineer responded to Mr. Elsenheimer's concerns. Councilmember Bakken moved, Councilmember Fields seconded a motion to reconsider the previous motion. Aye: 0 Nay: 5 Motion failed. PROJECT 884, BOCHERT LANE - STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding the preparation of a feasibility report for Bochert Lane street improvements. City Administrator Hedges introduced this item. Mayor Awada noted that discussion had been held regarding this issue at a Council worksession. Mayor Awada moved, Councilmember Tilley seconded a motion to deny authorization of the preparation of a feasibility report by the City Engineer for Project 884 (Borchert Lane - Street Improvements). Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - PEANUT'S PLACE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a dog day care in an existing shopping center located at 1248 Town Center Drive. Senior Planner Ridley gave a staff report. /141 Eagan City Council Meeting Minutes DRAFT December 2, 2002 Page 7 Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a dog day care in an existing shopping center located at 1248 Town Center Drive; subject to the following conditions: Aye: 5 Nay: 0 1. Inspection by Animal Control officer prior to opening 2. The Planned Development Agreement must be signed and recorded prior to issuance of a building permit. 3. Maintain a current kennel license. 4. All signage is subject to City Code requirements. 5. The fenced area behind the building shall be covered by a canvass awning that is an earth tone color that will be complementary to the Town Centre Shoppes building. 6. Designated bathroom area shall be cleaned twice daily and sanitized once daily. 7. Overnight boarding of animals is prohibited. 8. Hours of operation are limited to 7:00 a.m. to 7:00 p.m. ENVIRONMENTAL ASSESSMENT RUNWAY 17 DEPARTURE PROCEDURES City Administrator Hedges discussed this item regarding comments by the City related to the Environmental Assessment for Runway 17 Departure Procedures that will be submitted into the record at a MAC public hearing. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve City of Eagan comments related to the Environmental Assessment for Runway 17 Departure procedures. Aye: 5 Nay: 0 ADJOURNMENT The Mayor called a recess at 11:30 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 11:32 p.m., concluded the cable broadcast portion and introduced "Visitors to be Heard". There being no public comment, the Council meeting was adjourned at 11:33 p.m. The Council then retired into a Closed Session to consider pending litigation. 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 race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /S-*" DRAFT MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL DECEMBER 2, 2002 6:00 P.M. The Eagan City Council held a Listening Session on December 2, 2002 at 6:00 p.m. In attendance were Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley. Don Olson voiced a complaint regarding fees being charged at Trapp Farm for the sliding hill. Mayor Awada suggested the issue be discussed at an upcoming work session. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary / Deputy City Clerk 46 MINUTES OF A SPECIAL CITY COUNCIL MEETING OF THE EAGAN CITY COUNCIL DECEMBER 10, 2002 CITY COUNCIL CHAMBERS A special meeting of the Eagan City Council was held on Tuesday, December 10, 2002 at 4:30 p.m. at the Eagan Municipal Center. Councilmembers Bakken, Carlson, and Fields were present, along with City Administrator Hedges, Assistant to the City Administrator Lord, Parks and Recreation Director Vraa, Community Center Manager Breuer, and Director of Administrative Services VanOverbeke. ROLL CALL AND AGENDA ADOPTION Mayor Awada called the meeting to order, noting that Councilmember Bakken would be arriving shortly. Awada requested that the agenda item, "Review Proposed 2003 Community Center/Central Park Budget" be changed to "Review Public Policies on Community Center". Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda with the proposed revision. Aye: 3 Nay: 0 (Councilmembers Bakken and Carlson were absent) VISITORS TO BE HEARD There were no visitors to be heard. CONSTRUCTION UPDATE ON COMMUNITY CENTER PROJECT Councilmember Carlson returned at 4:45 PM. Parks and Recreation Director Vraa provided an update to the Council on the construction of the Community Center. Vraa reported that construction has been proceeding very well in the past few weeks, with the exception of an issue with moisture under the gym floor. In response to Council inquiry, Vraa noted that the gym floor is under warranty should there be any additional problems. Vraa reported that progress is being made on installing the pond liner. The Council was also informed that the primary construction manager with Stahl Construction would be leaving the project due to personal reasons, and two managers will be taking his place. Vraa noted that the bandshell is nearing completion; however bids for the drop down gates at the bandshell and building will need to be resolicited due to a contractor pulling out of the project. Vraa and Community Center Manager Breuer presented a timeline for competition and opening. The Council discussed the timeline and Vraa noted that the timeline is a working document, and open to modifications. The Council discussed when the Grand Opening for the Community Center should take place. Vraa suggested June to ensure that the facility has been operational for a few weeks. Special City Council Minutes December 10, 2002 Page 2 REVIEW PUBLIC POLICIES ON COMMUNITY CENTER Councilmember Bakken arrived at 5:05 P.M. Mayor Awada noted that the senior survey is being rewritten and will be distributed in early January in order not to be surveying over the holiday season. The City Council discussed the need for further Council direction regarding public policy decisions that need to be made in the next few months prior to the Community Center opening. The Council expressed concern over the budget as presented, which showed a gap of $723,581 between revenues and expenditures for 2003 and a gap of $473,775 for 2004. Parks and Recreation Director Vraa noted that the budget being presented was staffs' best effort to provide a working document that the City Council could use as a basis for discussion and then provide direction to staff. There was Council consensus that the budget gap must be reduced. The Council discussed numerous policy issues, and identified the following priorities to be brought to the Council's Operations Committee (Mayor Awada and Councilmember Carlson) for further review: fitness fees/membership dues, fitness programming, hours of operation, staffing proposals (organizational chart), Teen Center operations, and Senior Center operations. Per the request of Mayor Awada, the Operations Committee will now include Mayor-elect Geagan in the committee meetings, as he will be taking Mayor Awada's position on the committee in 2003. Mayor Awada and Councilmember Carlson requested that the Operations Committee meet prior to the December 17 City Council meeting to go over the issues of priority that the Council identified. The City Council discussed the proposed staffing for the Community Center and requested that staff break down the personnel budget by staff functions. Mayor Awada requested that no additional Community Center staff hiring be on the City Council agendas unless the Operations Committee recommends the position(s) to the Council as a whole. The Council further discussed the ability of the Community Center to operate as an enterprise fund. Mayor Awada recognized Mayor-elect Geagan, who noted that he would like to see the Operations Committee discuss key public policy issues related to the Community Center, and then have City staff present various budget scenarios for the Committee to consider. There was Council consensus for staff to bring budget scenarios to the Committee once the public policy issues have been addressed. Councilmember Carlson requested that aggressive communications and marketing for the Community Center get underway. Carlson requested that the Communications Committee discuss the marketing plans. Parks and Recreation Director Vraa noted that January 10 is the date that marketing for the fitness component will begin. Mayor Awada recommended that the Partnerships Committee meet again to look at possible partnering opportunities. Councilmember Fields requested that the City Council receive pages 9-22 of the Council packet (proposed Community Center budget) via e-mail so that they can e-mail comments and suggestions to the Operations Committee members. X Special City Council Minutes December 10, 2002 Page 3 OTHER BUSINESS Mayor Awada noted that a Special City Council retreat for the 2003-2004 City Council was taking place immediately following the meeting in Fire Administration. ADJOURNMENT The meeting adjourned at 6:05 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, 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 race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES OF A SPECIAL CITY COUNCIL RETREAT OF THE 2003-2004 EAGAN CITY COUNCIL DECEMBER 10, 2002 FIRE ADMINISTRATION BUILDING A special retreat of the 2003-2004 Eagan City Council was held on Tuesday, December 10, 2002 at 6:30 p.m. at the Eagan Municipal Center. Councilmembers Carlson, Fields, and Tilley were present, along with Mayor-elect Geagan, Councilmember-elect Maguire, City Administrator Hedges, City Attorney Dougherty Facilitator Bill Lindberg, and Assistant to the City Administrator Lord. The 2003-2004 City Council discussed the upcoming year and went over meeting logistics. Topics covered included Robert's Rules of Order, Open Meeting Law, and Council procedures. Bill Lindberg of the Ash Grove Group facilitated the meeting. ADJOURNMENT The meeting adjourned at 9:05 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, 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 race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. o~ 0 Agenda Information Memo December 17, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Police Officer-- ACTION TO BE CONSIDERED: To accept the resignation of Police Officer Thomas Fadden. Item 2. Police Officers-- ACTION TO BE CONSIDERED: To approve the hiring of David Letourneau and James Proshek as Police Officers. Item 3. Police Officer— ACTION TO BE CONSIDERED: To approve the hiring of Desiree Carlson as a Police Officer contingent upon successful completion of the psychological, medical, physical and drug testing exams. Item 4. Dispatch Supervisor— ACTION TO BE CONSIDERED: To approve the hiring of Troy Ruby as the dispatch supervisor in the Police Department. Item 5. 2003 Compensation/Non-Collective Bargaining Employees-- ACTION TO BE CONSIDERED: To approve the following: a) For regular non-collective bargaining employees, a compensation rate increase of 3.5% across the board effective the payroll period closest to January 1, 2003. b) With the exception of election judge rates, compensation rates for temporary, non- collective bargaining employees will be increased by up to 3.5%. c) Car expense allowances for the City Administrator and Department Heads will be increased by 3.5%. d) Mileage will be set at the IRS amount (the 2003 amount is 36¢ a mile). If the IRS increases or decreases this amount, the City's amount will automatically adjust to the new IRS rate. e) The City's contribution for family health insurance premiums will increase by half the total dollar increase for 2003. B. PERSONNEL ITEMS Item / ~ Salary Market Adjustments— ACTION TO BE CONSIDERED: To approve salary range adjustments for the positions of Director of Administrative Services, Police Chief, Director of Public Works, Director of Parks and Recreation, City Engineer, Senior Planner, Assistant City Engineer, Maintenance Supervisor, Arena Manager, Building Inspectors, Engineer Technician, Senior Building Inspectors, Senior GIS Technician, and GIS Technician/Planner. FACTS: • In June of 1999 the City Council approved the hiring of the firm of Riley, Dettmann & Kelsey to conduct a public market comparison study for the City's compensation plan and for compensation rates for non-bargaining positions. • This formal study was completed during the balance of 1999, a revised compensation plan was approved by the City Council in December of 1999, and the plan was implemented during 2000. Since that time, no formal, systematic work has been undertaken to determine continued compliance with the intent of the approved plan. • The basic components of the plan approved in December of 1999 are as follows: 1. The pay philosophy targets Eagan pay rates at the Q3 (seventy-fifth percentile) of pay within the eight benchmark cities, Bloomington, Brooklyn Park, Burnsville, Eden Prairie, Lakeville, Maple Grove, Minnetonka, and Plymouth. 2. The compensation study recognizes and reinforces the City's standard of excellence and provides that positions be paid in the marketplace of comparable public sector jurisdictions from which Eagan recruits, establishing all non- collective bargaining unit compensation at a base pay structure at a third quartile level, so that about twenty-five percent of the benchmark jurisdictions pay, on average, above the City of Eagan and about seventy-five percent of the benchmark jurisdictions pay, on average, below the City. 3. The City has continually responded to collective bargaining groups at a rate of compensation that in most cases provides a rate of pay above the seventy-fifth percentile of benchmark comparison cities in the metro area. The approved plan for non-collective bargaining unit positions implements a similar pay philosophy targeting compensation rates for non-collective bargaining positions at the Q3 (seventy-fifth percentile) of pay in those benchmark comparison cities. 4. Any actions taken on future pay administration would have to comply with Minnesota's Pay Equity Law. • In response to staff concerns about possible movement away from compliance with the basic components of the City's compensation plan, Riley, Dettmann & Kelsey was asked to review in detail whether or not non-collective bargaining unit positions had slipped from the City's intended pay plan and to provide observations and recommendations on 0? 2 the internal equity relationships and placements of those positions. At the City's request, this review included the eight original benchmark cities, Bloomington, Brooklyn Park, Burnsville, Eden Prairie, Lakeville, Maple Grove, Minnetonka, and Plymouth. • Riley, Dettmann & Kelsey completed a basic analysis of 43 non-collective bargaining positions to determine consistency with the 1999 compensation plans. The analysis included the City Administrator, the four department heads and an additional 38 positions for a total of 43 positions and because of changes in the environment added a ninth city, Coon Rapids to the benchmark group of cities. That work determined that certain positions should be reviewed in more detail because they now fell outside the 95% to 105% acceptable range as incorporated into the pay plan. The position of the City Administrator is on the list because of the relationship to the department heads. Due to the State limit on salaries, the City Administrator compensation is a broader issue and cannot be addressed through this review. • Staff has took the data as presented by Riley, Dettmann & Kelsey, updated it to use current 2002 Twin Cities Metropolitan Area Salary Survey information, and reviewed the material position by position and city by city. • On September 17, 2002 the City Administrator and Director of Administrative Services met with the Personnel Committee and presented information regarding possible salary adjustments for certain positions per the Salary Compensation Plan. • The Personnel Committee requested additional information from the nine benchmark cities to determine whether or not there are differences in benefit levels that would offset salary differences and potentially change the outcome of the analysis. • On October 29, 2002 the Personnel Committee reviewed the additional information and recommended approval of the salary range changes for City Council consideration at the December 17, 2002 regular meeting at the same time other salary adjustments are considered for the effective date of January 1, 2003. • The recommended changes include 14 classifications and 29 employees. One is a two step range adjustment while 13 are one step adjustments. Agenda Information Memo December 17, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 5, 2002 and December 12, 2002 as presented. ATTACHMENTS: • Check registers dated December 5, 2002 and December 12, 2002 are enclosed without page number. a~ AGENDA MEMO December 17, 2002 CONSENT AGENDA D. 2003 TRASH HAULER LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2003 Trash Hauler License renewals for: Construction/Demo BFI Armor Waste Systems Aspen Waste Systems Lightning Disposal Schill's Dumpster Service WTI Waste Tech Haul-Tech Tennis Roll-Off Superior Services Twin City Refuse All-Star Disposal Randy's Sanitation Multiple Dwelling/Commercial BFI Armor Waste Systems Aspen Waste Systems Haul-Tech Triangle Services Superior Services Residential BFI Triangle Services Nitti Sanitation Tennis Sanitation Superior Services FACTS: • Staff has reviewed the applications for renewal and deem them in order for approval. C;2 S AGENDA MEMO December 17, 2002 CONSENT AGENDA E. 2003 TOBACCO LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2003 Tobacco License Renewals for Blackhawk Liquor, Oriental Foods, and Yocum's Holiday 3831. FACTS: • Staff has reviewed the applications for renewal and deem them in order for approval. a6 AGENDA MEMO December 17, 2002 CONSENT AGENDA F. 2003 KENNEL LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2003 Kennel License Renewals for Four Paws Pet Resort and Doc Marlo Kennel. FACTS: • Staff has reviewed the applications for renewal and deem them in order for approval. a~ AGENDA MEMO December 17, 2002 CONSENT AGENDA G. 2003 PET SHOP LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2003 Pet Shop License Renewals for Wal-Mart Store and Wet World FACTS: • Staff has reviewed the applications for renewal and deem them in order for approval. Agenda Information Memo December 17, 2002 Eagan City Council Meeting H. APPROVE VENDOR FOR EAGAN BUSINESS NEWS ACTION TO BE CONSIDERED: To approve Lehrer-Schriner as the selected vendor for the Eagan Business News. FACTS: • At the direction of the City Council a requests for proposals was issued for a 3- year contract to design and produce the Eagan Business News. • Seven proposals were received and four firms were interviewed by a panel of Chamber Representatives, Commission members and Communications/Public Relations Professionals and staff including: o Jennifer Gale, NDC Chambers President o Dave Devore, NDC Chambers Chair o Michael G. Ferber, NDC Chambers Chair-elect o Karl Oestrich, Communications Director, Blue Cross Blue Shield MN & EDC member o Eric Pehle, Senior Vice President, Weber Shandwick Public Relations & Airport Relations Commission member o Tom Garrison, Director of Communications o Joanna Foote, Communications Coordinator • Based on a strong proposal the panel was unanimous in its selection of the Eagan firm of Lehrer-Schriner as its vendor of choice to produce the Eagan Business news for the years of 2003 through 2005 inclusive, with an option to renew for up to two more years. • This agreement includes a 60-day written cancellation notice by either party. • Although all of the proposals received were slightly higher than the amount budgeted for this project, the cost difference will be accommodated within the overall Communications budget for 2003. A majority of the cost overage with the Lehrer-Schriner proposal is due to a one-time redesign of the publication. C~ ? Agenda Information Memo December 17, 2002 Eagan City Council Meeting 1. AUTHORIZE FUNDING FOR THE HISTORIC ROADS AND TRAILS RECOGNINTION PROGRAM ACTION TO BE CONSIDERED: To authorize funding for a program to recognize historic roads and trails within Eagan. FACTS: • As directed by the City Council, a committee consisting of members of the Eagan Historical Society and the Advisory Parks Commission met and developed a program to recognize Eagan's historic trails and roadways. • The group identified _ road or trailway sections which have been in use since 1879 to be recognized. • Signs have been developed and pricing estimates acquired for signs to be placed marking the beginning and ends of each road or trailway section with signs staggered at appropriate intervals on longer roadway sections. • Based on these estimates, the committee is asking for funding of $1,250 to produce and place signage throughout the community. • An educational component will accompany the sign placement to educate the community about the meaning of the signage and the historical significance of each roadway or trail section. ATTACHMENT: A memo further outlining the program is included on pages 3/ to _ 30 city of eagan MEMO MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATIONS COORDINATOR DATE: November 15, 2002 SUBJECT: RECOGNITION PROGRAM FOR EAGAN'S HISTORIC ROADS AND TRAILS. Following City Council direction in early 2002, a sub-committee of Historical Society members and Advisory Parks Commission members was assembled to develop a recognition program for Eagan roads and trails which have significance within Eagan's history. The group worked to identify those roads and trails, still being used today, that have been in use since Eagan's earliest days. Although Eagan was established as a Township 142 years ago, in 1860, there is some evidence that suggests that several of our current-day roadways pre-date the Township. Most early roads were little more than paths cut across the land, but they were none-the-less the only means of linking neighbor to neighbor and early Eagan farmers to the goods and services they needed. The committee worked from the timeframe of 1879, as this is the earliest map of the area available to the group. From this map, they identified ten road or trail sections which are still in use today and, therefore, deemed to be significant to the community's history. The Committee is recommending that sections of ten roadways be designated "Eagan Pioneer Trails," the roadways are listed and described in the attachment which follows. The group is proposing that each designated roadway section be posted with signage at the beginning and end of each section of roadway to be commemorated and at staggered intervals along each longer route (those routes longer than two miles). To do this, a total of approximately 50 signs would be required. I have created a mock- up of the sign with artwork created by C.J. Lilly, Park Landscape Architect. A smaller version of the mock-up has also been included as an attachment. The signs would have a cream-colored background with the text and drawing appearing in brown. Earl F. Anderson, co. can produce these signs using Eagan's usual signage criteria at a cost of approximately $25.00 per sign (which includes installation hardware and posts). The signs could be installed by our Street Maintenance staff in most cases. I have been in contact with both Dakota County and MnDoT representatives to determine what permits and specifications may be necessary to place signage along the roadways which fall under each of their jurisdictions. 31 The committee is therefore requesting that the City Council consider allocating $1,250.00 to fund this project. Once installed, I would then work with the committee to ensure an educational effort was conducted through the City Newsletters and the local newspapers to ensure that the community understands the meaning and significance of the signage. The Historic Roadway Committee members and I thank the City Council for the opportunity to work on this interesting and historically significant project and we look forward to the prospect of sharing this historic information with the community. We also look forward to discussing this further, as appropriate with you or the City Councilmembers. Please let us know if you would like further information in this matter. ~munications Coo inator CC: Historic Roads and Trails Committee Members: Councilmember Meg Tilley Dorothy Peterson John Rudolph Ray Wade Ted Wachter Gin Knight Helen Kennedy Wayne Schwanz 3~ Historic Roads and Trails to be recognized: Black Dog Road The current Highway 13, is referred to on the 1879 Eagan Township map as "Black Dog Road." This road was named for the "Black Dog Village," a Native American Village which sat on the banks of the Minnesota River, on the Eagan side, near the current Cedar Avenue Bridge. As more fur traders and "Indian Farmers" moved through the area (approximately 1837,) the "Black Dog Village" was moved to the present day Highway 13 and Blackhawk Road. Evidence indicates that the "Black Dog Road" was likely used by the Native American tribes as a route following the Minnesota River as early as the 1600's through the late 1800's. This route was a part of the original "West Plains Trail," a route for covered wagons taking settlers west. The road also roughly follows the original (1851) military reservation line. Dodd Road Dodd Road was one of the first "military roads" which were the earliest constructed roads through the territory. Originally tagged the "Mendota-Big Sioux Road" this 65-mile stretch of roadway from St. Peter (then known as Rock Bend) to St. Paul, was begun (without waiting for congressional approval) by Captain William B. Dodd. Dodd gathered a group of ten laborers and a surveyor and funds from area settlers and began the road project in 1853. The road followed the high ground between the Minnesota and Cannon Rivers. When the state Highway system was created, State Highway number 1, which ran from Albert Lee to the north shore of Lake Superior, followed Dodd road through Eagan Township. This section was among the first roadway sections in the state to be paved. Highway 55 Significant sections of what is now Highway 55 through the eastern portion of Eagan appear on the 1879 map in an alignment that roughly follows its present route. Though the road is not given a specific name on this map it was referred to as the Mendota Road and later, State Trunk Highway number 1. The road intersects and merges at several points with Dodd Road and what is now known as Jefferson Highway. Segments of this route were used by the stage coach. The "Halfway House," a hotel and tavern at what is now the intersection of Highways 55 and 149, was the first relay station on the stage coach route from St. Paul to Dubuque. Lone Oak Road Though the Lone Oak Tree was a significant location for the sharing and disseminating community information, only a very short section of what is now known as Lone Oak Road appears on the early Eagan map. An approximate 1/8-mile section of road from the Milwaukee and St. Paul Railroad line, heading east to a connection with Dodd Road at a Blacksmith Shop, appears on the 1879 map. This section does appear to run in 3.3 front of the site of the Lone Oak Tree, just slightly south of the location of Trinity Lone Oak Church. Pilot Knob Road This roadway took its name from the large outcropping of rock which towers above the Minnesota River (where Acacia Cemetery now sits) that was used as an early navigational marker or "pilot" for tugboat captains, military expeditions, fur trappers and Native American tribes traveling along the river. This site was actually considered, for a time, as the location where the Minnesota State Capitol would be built. The road begins at this outcropping and travels south through a portion of Mendota and through central Eagan to points further south. Within Eagan, the road has also been referred to, in early township days, as "Fish Lake Road," taking that name from the lake just north of the current Municipal Center. This was one of the earliest routes that took travelers through much of Dakota County. Blackhawk Road This section of roadway south from what was Black Dog Road (now Highway 13) connected to a very small section of what is now Cliff Road. The roadway was not named on the 1879 map, but ran through several farm properties and was the path to School number 13 (located at the intersection of what is now Blackhawk Road and the Highline Trail). The road was later reported to be named for John Conklin, a soldier at Fort Snelling, who was given the nickname "Blockhaute" (Blackhawk) because of his stories of having captured the Indian Chief Blackhawk in Illinois in the 1820's. Highline Trail The route of the Highline Trail from what is now Blackhawk Road (the 1879 location of school number 13) to a lake on the Thomas Fallon Property (now Schwanz Lake in Trapp Farm Park) was one of the few east/west roadways noted in Eagan in 1879 and with the exception of Pilot Knob Road, was one of the longest stretches of road in Eagan at that time. Rahn Road Although the roadway was not named until much later when the Cedar Grove Development was established, the section of roadway now know as Rahn Road, appears on the 1879 map in roughly its current route. It travels roughly south from the then Black Dog Road (now Highway 13) to where it ends at a connection to a very short section of what is now Cliff Road. Diffley Road An approximate 1/2-mile section of what is now Diffley Road, from school number 14 near the location of a the current Lexington Avenue to Dodd Road, appears on the 1879 map (although Lexington Avenue does not appear on the 1879 map). This roadway section, even in 1879 runs to the northwestern-most corner of property owned by William Diffley. It is likely that the Diffley children traveled this section of roadway to attend schoolhouse number 14. Cliff Road Only two very short sections of what is now known as Cliff Road, appear on the 1879 map. One, less than %-mile section runs from what is now Rahn Road to what is now 3Y Blackhawk Road. The other longer section runs from just west of Dodd Road into what is now Inver Grove Heights just past State Highway number 1, now, Highway 55. Agenda Information Memo December 17, 2002 Eagan City Council Meeting RF CONTROL STATION USE AGREEMENT ACTION TO BE CONSIDERED: To approve the RF Control Station Use Agreement between the Metropolitan Radio Board and the City of Eagan. FACTS: • The Metropolitan Radio Board is required by state statute to implement a Minneapolis-St. Paul region wide public safety radio system communication system. • Hennepin County, Carver County public safety agencies and the Minnesota State Patrol recently switched to the new 800MHz radio system. Anoka County is in the process of implementation to the 800MHz system. • Other public safety agencies in the metropolitan area, all of Dakota County, have chosen to remain on the conventional VHF radio frequencies. • In order for conventional VHF radio frequency public safety agencies to have direct radio communications with the 800MHz public safety agencies RF control stations are required at the VHF dispatch centers. • The Metropolitan Radio Board will distribute the RF control stations to the conventional radio frequency public safety agencies for installation after the RF Control Station Use Agreement has been signed. • The RF control stations will enhance interoperability between and among agencies and users in the 800MHz system and the conventional radio system. • The Metropolitan Radio Board will reimburse the City of Eagan for the installation and programming costs of the RF control stations, up to Two Thousand Dollars ($2,000). • Legal staff for the City of Eagan has reviewed and discussed the agreement with legal staff at the Metropolitan Radio Board and has approved the agreement to be signed. ~ ►f • Q s Ark 36 RF Control Station Use Agreement This AGREEMENT ("Agreement"), made and entered into as of 2002, by and between the City of Eagan ("User") under the laws of the State of Minnesota, and the Metropolitan Radio Board (the "Board") a political subdivision under the laws of the State of Minnesota. Recitals A. Pursuant to Minnesota Statutes Section 473.891 et. seq., the Board is required to and is implementing a Minneapolis-St. Paul region wide public safety radio system communication system ("System"). B. Pursuant to Minn. Stat. § 473.894, Subd. 12, the Board shall establish priorities or protocols for use of the System. C. The User is a public safety answering point ("PSAP") or other qualifying public safety entity and desires to receive an RF control station, as more fully described below. D. The Board desires to distribute RF control stations to PSAPs or other entities who are not users of the System in order to enhance interoperability between and among agencies and users participating in the System and non-users. The control stations are intended to be redistributed to other non-participating entities as current recipients make decisions to become participants in the System. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, and intending to be legally bound, the parties agree as follows: Ageement 1. Term. The Term of this Agreement shall commence effective the date first above written, and terminate on June 30, 2004, subject to earlier termination pursuant to Sections 6 and 9. This Agreement may be extended for additional one (1) year periods automatically upon the anniversary date unless terminated according to the provisions in Section 6. 2. Eqiuipme I Delivery. Location a. "Equipment" means an RF Control Station, either stand-alone or remote type, as further described in the Radio Board Standards ("Standards") promulgated by the Board. b. D le ivery. The Board and User shall mutually agree on the delivery of the Equipment, and costs for delivery shall be borne by the Board; provided, however, that any costs for delivery shall be subject to the reimbursement limitation for installation and programming, as set forth in Section 4. C, Location- User agrees to keep the Equipment at the address specified above. User shall not move the Equipment from the specified location unless approval is obtained, in writing, from the Board The Board may inspect the Equipment upon reasonable notice. 37 3. Ownership of Equipment: Assignment. The Board is the owner of the Equipment. User shall not sell, transfer, encumber, sublet or assign the Equipment, without prior written agreement of the Board. 4. Installation. Programming and Maintenance. User agrees to install the Equipment in accordance with the Standards. User agrees to install the Equipment within the one hundred and eighty (180) days of receipt of Equipment The Board agrees to reimburse User for costs of installation and programming, not to exceed Two Thousand Dollars ($2,000), upon an appropriate and satisfactory documentation of costs as determined by the Board The Board agrees to assume responsibility to maintain and repair the Equipment, as commercially reasonable and upon reasonable notice 5. Use of Equipment: Training. User agrees to use the Equipment in accordance with the protocols and procedures developed by the Board, including but not limited to the Standards. User shall inform the Board of the intended talk groups and channels to be used, including any patches. User agrees that it will provide adequate training for any person using the Equipment, and that such training will meet or exceed the standards established by the Board 6. Termination. Removal or Disabling of Equipment. Either party may terminate the Agreement upon 180 days' written notice to the other. Further, the Board may disable Equipment if, in its sole discretion, it determines there is improper use of the Equipment (including but not limited to non-compliance with the Standards or of any rule or procedure of the Board, or non-compliance with any term of this Agreement) or the Equipment is malfunctioning such that it impairs or interferes with the System. 7. WARRANTIES. THE BOARD MAKES NO WARRANTIES, EXPRESS OR EWPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE. 8. Merger and Modification. a. Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Amendments to Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 9. Default. a. If the User fails to perform any of the provisions of this Agreement, this shall constitute a default. Unless the User's default is excused by the Board, the Board may upon written notice immediately cancel this Agreement in its entirety. b. Notwithstanding any provision of this Agreement to the contrary, the User shall not be relieved of liability to the Board for damages sustained by the Board by virtue of any breach of this Agreement by the User. C. The above remedies shall be in addition to any other right or remedy available to the Board under this contract, law, statute, rule, and/or equity. II d. The Board's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 10. Miscellaneous Provisions. a. Independent Parties. It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture. nor does it constitute a cooperative agreement or joint powers agreement b. Indemnification and Insurance. The User shall indemnify, defend and hold harmless the Board, its officers, members, employees and agents, from and against any and all claims, damages, losses and expenses, including reasonable attorneys' fees, that are a direct result of any negligent act, error or omission, a direct result of breach of this Agreement, or the direct result of a willful act of the User, its officers, members, employees or agents. The User agrees to maintain insurance in an amount not less than $ 10,000, and shall demonstrate evidence of such coverage upon request of the Board. The User may, at its option, satisfy its obligations under this provision through a program of self-insurance. The Board shall indemnify, defend and hold harmless the User, its officers, members, employees and agents, from and against any and all claims, damage, losses and expenses, including reasonable attorneys' fees, that are a direct result of any negligent act, error or omission, a direct result of breach of this Agreement, or the direct result of a willful act of the Board, its officers, members, employees or agents. Notwithstanding anything in this Agreement to the contrary, the Board does not waive any statutory limited immunity from municipal tort liability available to it under Minnesota Statutes, Chapter 466, or otherwise. Such statutory limited immunity shall apply whether an action, claim. demand or lawsuit is initiated by the User or any third party- c. Data Privacy. User, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. User agrees to defend, indemnify and hold the Board, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from User's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement d. Records - Availability/Access. Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the User agrees that the Board, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the User and involved transactions relating to this Agreement Such materials shall be 39 maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. e. Contract Administration. In order to coordinate the services of the User with the activities of the Board so as to accomplish the purposes of this Agreement, , shall manage this Agreement on behalf of the User and serve as liaison between the Board and the User. f. Notice s. Any notices or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the Board shall be sent to the Executive Director at the address given below. Notice to the User shall be sent to the address stated below. To Board: Executive Director Metropolitan Radio Board 2099 University Avenue St Paul, MN 55104 User: g. Minnesota Laws Govern. The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. h. Coverage. User acknowledges that one hundred percent (1009/6) coverage of any area at all times is improbable. There may be adverse transmission conditions such as short-term unpredictable meteorological effects and sky wave interference from distant stations that can interrupt the System. Likewise, there are other causes beyond reasonable control of the Board, including but not limited to, motor ignition and electrical noise that may be minimized by corrective devices at the User's expense. Any surveys, studies, research or other measures taken to ensure the adequacy of coverage provided to the User under this Agreement are the sole responsibility and expense of the User. IN WITNESS WHEREOF, the parties, having first read, understood and agreed to the terms and conditions hereof, have caused this Agreement to be executed by their authorized representatives. AGREED: AGREED: R Executive Director TV u Agenda Information Memo December 17, 2002 Eagan City Council Meeting K. APPROVE PURCHASE AGREEMENT FOR 3820 ALDER LANE ACTION TO BE CONSIDERED: To approve a purchase agreement with REM Metro Services, Inc. for property at 3820 Alder Lane and to declare the expenditure eligible as a reimbursable expense for the purposes of the Cedar Grove Tax Increment Financing Redevelopment District. FACTS: • The single-family residential property at 3820 Alder Lane is located in the Cedar Grove Redevelopment Area - Road/Intersection District. It is owned by REM Metro Services. The property was previously used as a group home but is currently vacant. • REM provided the City with an appraisal for the property. The City's acquisition and relocation consultant reviewed the appraisal based on comparable market units. The purchase price is $225,000. Because the property is vacant there are no relocation expenses related to the agreement. • This property is among six that are subject of a redevelopment agreement with Keystone Communities for a 126-unit senior housing project. ATTACHMENTS: • Draft purchase agreement is attached on pages Y-1 through -A. Copy of the final document with seller's signature will be made available to the City Council prior to the December 17, 2002 meeting. PURCHASE AGREEMENT The undersigned, City of Eagan, a Minnesota municipal corporation (hereinafter referred to as "Buyer"), hereby agrees to purchase from REM-Metro Services, Inc., a Minnesota corporation (hereinafter referred to as "Seller"), interest in real estate located at 3820 Alder Lane, Eagan, Minnesota and legally described as follows: Lot 10, Block 1, Langhoven, according to the recorded plat thereof, and situated in Dakota County, Minnesota. together with the following items of personal property: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built-in humidifiers, built-in air conditioning units, built-in electronic air filters, automatic garage door openers with controls, television antennas, water softeners, built-in dishwashers, garbage disposals, built-in trash compactors, built-in ovens and cooking stoves, hood-fans, intercoms, installed carpeting, work benches, security systems, and also the following property: (collectively the "Property"), upon the terms and conditions hereinafter set forth: 1. Purchase Price. The purchase price for the Property shall be Two Hundred Twenty- five Thousand and no/100 Dollars ($225,000.00). 2. Payment of Purchase Price. The purchase price shall be paid in cash or certified funds on or before the date of closing. 3. Title and Remedies. The Seller shall, within a reasonable time after execution ofthis Agreement, furnish an Abstract of Title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and state and federal judgments and liens or, if no abstract can be located, Seller may provide a commitment for an ALTA Owner's Policy of Title Insurance for the full purchase price. The Buyer shall be allowed ten (10) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in ~a2 it writing or deemed to be waived. If any objections are so made, the Seller shall be allowed 120 days to make such title marketable. Pending correction of title, the payments hereunder shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this Agreement shall be null and void, at the option of the Buyer, and neither party shall be liable for damages hereunder to the other party. All earnest money theretofore paid by the Buyer under this Agreement shall be refunded. If the title to said property shall be found marketable or shall be so made within said time, and said Buyer shall default in any of the agreements and continue in default for a period of 10 days after written notice to Buyer, and in that case, the Seller may terminate this Agreement and on such termination all the payments made upon this Agreement shall be retained by said Seller and said agent, as their respective interest may appear, as liquidated damages, time being of the essence hereof. 4. Real Estate Taxes. Real Estate taxes for all years prior to the year of closing shall be Seller's responsibilities. Real estate taxes due and payable in the year of closing shall be prorated to the date of closing. Buyer shall be responsible for the real estate taxes in 2002 and all subsequent years. 5. Special Assessments and Development Charges. Seller shall be responsible for any special assessments that are levied as of the date of this Agreement. Buyer shall be responsible for any pending special assessments. 6. Closin . The closing shall take place on December 30, 2002 at the offices of 2 L13 Severson, Sheldon, Dougherty & Molenda, P.A.; 7300 West 147" Street, Suite 600; Apple Valley, Minnesota 55124. 7. Obligation of Parties at Closing. The Seller and Buyer shall do the following at the closing: A. Seller shall: i. execute and deliver a Warranty Deed conveying fee title to the Property to the Buyer, free and clear of all liens and encumbrances, subject to the following: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; and (D) Utility and drainage easements which are shown on the plat. B. Buyer shall: i. make the necessary payments as required under Article 2; and C. Each party shall execute such other instruments, certificates and affidavits as the other party's attorney reasonably may request. D. Buyer and Seller shall equally be responsible all closing costs charged by any title company including closing fees and courier fees. Seller shall be responsible for abstracting fees and any fee to satisfy any mortgage of record, and state deed tax. 8. Real Estate/Brokerage. Seller shall be responsible for any real estate or brokerage commission that is payable in connection with the sale of the Property. 9. Condition of Property. Seller represents that the Property is currently vacant and that 3 there are no tenants or other persons claiming an interest in the property. To the extent that any tenant or person makes a claim against the City alleging reimbursement for relocation expenses, Seller agrees to reimburse the City for any and all costs associated with the same, including attorneys' fees. 10. Notices. Any notices under this Purchase Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: To the Seller: REM-Metro Services, Inc. 6921 York Avenue South Edina, MN 55435 To the Buyer: City of Eagan Attn: James D. Verbrugge, Assistant City Administrator 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, Assistant City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 11. Headings. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 12. Governing Law. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 13. Heirs, Successors and Assigns. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 14. Possession. Seller shall deliver possession of the Property to Buyer immediately after 4 L/ 5 closing. 15. Default; Remedies. If either party shall default in any of their respective obligations under this Agreement, the other party may, by written notice to such defaulting party specifying the nature of the default and the date on which this Agreement shall terminate (which date shall be not less than ten (10) days after the giving of such notice), terminate this Agreement and upon such date, unless the default so specified shall have been cured, this Agreement shall terminate. Termination of this Agreement shall be the sole and exclusive remedy of both Seller and Buyer and neither party shall have the right of specific performance. 16. Well Disclosure/Sewer Septic Disclosure. Seller certifies that the Seller does not know of any wells on the Property. Seller further certifies that any sewage generated at the Property goes to a facility permitted by the Minnesota Pollution Control Agency. IN WITNESS WHEREOF the parties have executed this Purchase Agreement this day of , 2002. SELLER: BUYER: REM-Metro Services, Inc. THE CITY OF EAGAN By: By: Its: Patricia E. Awada Its: Mayor By: Maria Karels Its: Clerk 5 II Agenda Information Memo December 17, 2002 Eagan City Council Meeting L. APPROVE PROPOSED 2003 ENTERPRISE FUND BUDGETS, INCLUDING WATER, SANITARY SEWER, STREETLIGHTING, STORM DRAINAGE, WATER QUALITY, CIVIC ARENA, AND CASCADE BAY ACTION TO BE CONSIDERED: Approve the proposed 2003 budgets for the three Enterprise Funds: Public Utilities (Water, Sanitary Sewer, Streetlighting, Storm Drainage, and Water Quality), Civic Arena, and Aquatic Facility (Cascade Bay). FACTS: • The City Council has previously reviewed all Enterprise Fund budgets. For those budgets wherein the Council directed changes to be made, the attached summaries reflect those changes. • User fees support all of these budgets. ATTACHMENTS: • Enclosed on pages through are the Public Utilities Fund revenues and expenses summary. • Enclosed on page is the Civic Arena revenues and expenses summary. • Enclosed on page S.. is the Aquatic Facility revenues and expenses summary. L/ 19 2003 Budget PUBLIC UTILITIES ENTERPRISE FUND DETAIL OF REVENUES Actual Actual Budget Budget 000 2001 2402 20003 DEPARTMENTAL: Water 4505 Water Service Fees $3,691,969 $3,766,537 $3,780,200 $3,769,900 4506 Water Service Penalties 11,232 12,120 11,500 12,500 4507 Water Connection Permits 14,450 13,880 15,000 14,000 4509 Sale of Meters 63,120 63,157 80,000 65,000 4512 Water Turn Off/On Fee 4,515 4,635 4,500 4,600 4521 Constr Meter Permits 1,235 1,118 2,000 1,200 3,786,521 3,861,447 3,893,200 3,867,200 Sanitary Sewer 4530 Sanitary Sewer Service Fees 4,536,019 4,296,151 4,560,400 4,591,200 4531 Sanitary Sewer Penalties 13,561 14,633 13,500 14,000 4532 San Sewer Connection Permits 14,451 13,850 14,000 14,000 4,564,031 4,324,634 4,587,900 4,619,200 Street Llahts 4550 Neighborhood Light Svc Fees 202,017 203,741 203,100 207,300 4551 Neighbrhd/Comm Lt Penalties 548 591 500 600 4560 Community Light Service Fees 160,692 163,656 162,400 165,400 363,257 367,988 366,000 373,300 Storm DrainacelWater Quality 4540 Storm Drainage Service Fees 801,233 838,091 858,000 882,700 4541 Storm Drainage Penalties 2,055 2,217 2,000 2,300 803,288 840,308 860,000 885,000 NON-DEPARTMENTAL: 4031 Assmt Penalties and Interest 2,662 2,789 2,000 2,500 4140 State Grant-Water Quality 0 9,768 0 0 4160 State PERA Aid 5,855 5,855 3,000 5,000 4226 Developer Escrow Reimbursmt 9,968 7,340 11,000 8,000 4242 Maint Equipment and Personnel 19,676 3,941 2,500 3,000 4610 Interest on Investments 2,293,655 2,585,649 1,398,600 1,526,500 4612 Interest on Assessments 34,288 116,134 52,000 66,000 4614 Interest on MCES 6,569 5,730 5,000 4,200 4620 Antenna Site Rent 256,072 286,338 324,000 327,300 4672 Water Quality Dedication Fees 30,569 37,655 35,000 35,000 4680 Connection Charge-Water 449,351 274,794 475,000 300,000 4685 Conn Chg-Water Treatmt Plant 283,974 332,935 300,000 350,000 4691 Other Revenue 621,851 4,963 0 0 4822 Other Reimbursements 4,182 58 3,500 2,000 4,018,672 3,673,949 2,611,600 2,629,500 GRAND TOTAL $13.535.769 $13.068.326 $12.318.700 $12.374200 y~ 2003 Fd 220 exp summary 12/1212002 2003 Budget PUBLIC UTILITIES FUND Comparative Summary of Expenses Actual Budget Budget Budget 2000 2001 2002 2003 OPERATIONS WATER Personal Services $528,649 $625,400 $674,300 $713,100 Parts & Supplies 180,864 213,800 207,000 212,200 Services & Other Charges 1,051,841 993,550 1,076,700 1,167,000 SANITARY SEWER Personal Services 326,253 330,800 359,500 383,700 Parts & Supplies 85,379 62,700 41,400 43,000 Services & Other Charges 273,150 351,400 428,900 517,900 MCES Service Charge 3,223,884 3,467,000 3,369,000 3,315,000 STREET LIGHTING Parts & Supplies 0 2,000 2,000 2,000 Services & Other Charges 311,286 329,600 335,000 335,000 STORM DRAINAGE Personal Services 144,520 162,600 32,400 40,400 Parts & Supplies 97,629 70,650 26,400 26,550 Services & Other Charges 175,415 229,850 207,700 250,200 Capital Outlay 0 8,000 WATER QUALITY Personal Services 184,600 198,900 Parts & Supplies 62,400 62,300 Services & Other Charges 163,800 171,100 Capital Outlay 19,800 322,500 TOTAL OPERATING EXPENSES BEFORE DEPRECIATION 6,398,870 6,839,350 7,190,900 7,768,850 DEPRECIATION WATER 1,271,271 1,184,000 1,200,000 1,293,900 SANITARY SEWER 564,388 525,000 550,000 584,800 STREET LIGHTING 12,987 13,000 13,000 13,000 STORM DRAINAGE 31,372 12,600 65,200 64,000 WATER QUALITY 0 0 112,300 112,300 TOTAL DEPRECIATION 1,880,018 1,734,600 1,940,500 2,068,000 TOTAL OPERATING EXPENSES 7j- AND DEPRECIATION 8,278,888 8,573,950 9,131,400 ,836,850 a s 4/ q $~°o0 COD =0 1 r- Ci Ca~o°c u°'i ~INna M ~IwN I I' O c+f rrr p b p r M OD p 40 CO m CO N a0 O aD co N m 3 A1f r`"M N N N 40 Q!N 1r' v ~ v N N N N O g O IA O O If) M CO N O M CO c0 O y C O O CO ti O O CO M O 'R CD V N a c l C) r CO Co 1~ M O N O 1l ' CO r^ tvvQ/ y~33 c=p S X00 a NAM N ~C0 ( O N c0 N 1n r r N N N v r.r vil Z Q O) N 1~ O M ~p M M CO N M co r 1n m N t0 c0 CO r O O 1~ 1- M M fl- CA co r 1l- V? r% V 0 1n 40 t~ IV ' N c0 r p N ti ti OO p r O ~gp m 00 W r O r qr N v1A M O v N T- V O W N h 11nn r r N N N H N N r co O 0 In t0 O In er O) CA In ~f O t7 LL) L N r r t~ M O O P I- f~ r 01 f~ h C7 y rN Oi L V1 el O IA O)V ' npL ' 0 r Q CO r V M N In r r In O In <T 3 N SIN ~~M O O 01 r r N ~ Eft 8 c0 CO O O O eT r- N 0) M In I~ N r r f~ In N N I~ In M fC at r ~ N O ~ CO O Cp I~ ' In O ' cD r NCO') IN W M M ~ 0)j V M m M T- r CO tr r .ri v N r r r r M N N co M W) O CO f- In CO Cl N In N O Qp CO p 00 Im r r CO v O In r 1- M r tb to O ' r C M lq~ CO r N 0 CD CO ' co C O CA et O r M O 00 O co O/ I- co v M N O O r N C7 r- r M r r r N N M 46 pp pp N w s M -09 M COO M r- O N V In crt ' O r 1i N lq CO r O r N 00 C) co M M cc O O c~pp w CA N O r N CO N O to Or O c0 r ~ M r r r C) N N r- r-- 0 w CD cm to C cc co L ' N f~ "No. N N Cf) ~ N ' cc1~- CV q CO 00) M M O r c0 r co M M M CO) C a OD V- W rN M N M MN icn7 y r M M ~ W H N C_ I~ M CO r co CO C7 O N ~ to CO co CO In N O11! Of V! 1n ' c0 N ' N c0 CON ' Iq r v Of M M c0 0`o ao co COS r r r N N m m 0 4 U) cc 0 y cc w W t0 C a s3 E m Q m g y aE m Q a~cO m 2c~`rsa~~ 21 to 'E' L 1 U O m m iH m m t m 1B as ~CQ E > a_m y Z L y N Z pOU3 W c4 U 70- J W W a C 0 U ° a ~D 2003 Cascade Bay rev-exp summary 12/12/2002 2003 Budget Aquatic Facility Enterprise Fund REVENUES, EXPENSES AND OTHER DISBURSEMENTS 2000 2001 2002 2003 Revenues Actual ud t udast Budaet Daily Admissions/Season Pass $ 808,600 $ 763,000 $ 830,100 $ 754,100 Group Sales 70,000 110,000 109,400 151,100 Concessions 188,000 221,500 230,000 208,600 Classes / Camps 1,000 0 11,200 11,500 Coca-Cola Marketing 5,000 5,000 5,000 5,000 Rental 1,000 0 Interest Total Revenues $ 1,073,600 $ 1,099,500 $ 1,185,700 $ 1,130,300 Expenses Personal Services $ 517,473 $ 565,700 $ 579,200 $ 524,400 Parts & Supplies 79,273 63,000 70,300 71,300 Cost of Concession Sales 97,772 100,000 120,000 110,000 Services & Other Charges 247,897 162,500 164,000 168,600 Capital Outlay 50,000 26,500 Sub-total Expenses 942,415 891,200 983,500 900,800 Reserve for Renewal/Replacement 50,000 81,000 64,000 67,000 Total Operating Expenses 992,415 972,200 1,047,500 967,800 Non-Operatina Disbursements Debt Service Payments 161,000 158,300 155,500 162,400 Total Expenses/Non-Op Disbursements $ 1,153,415 $ 1,130,500 $ 19203,000 $ 1,130,200 v / Agenda Information Memo December 17, 2002 Eagan City Council Meeting M. APPROVE 2003 SPECIAL REVENUE FUNDS BUDGETS, INCLUDING HOUSING FUND, POLICE FORFEITURE FUND, ECONOMIC RECOVERY GRANT FUND, CEDARVALE SPECIAL SERVICES DISTRICT FUND, AND CABLE TV FRANCHISE FEES FUND ACTION TO BE CONSIDERED: Approve the 2003 budgets for the following Special Revenue Funds: Housing Fund Police Forfeiture Fund Economic Recovery Grant Fund Cedarvale Special Services District Fund Cable TV Franchise Fees Fund FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund, the revenue sources, and the expenditure categories are listed on each budget page. • The Cedarvale Special Services District Fund is supported by a Special Services District tax levy ($3,000 in 2003). There are no tax levies related to any of the other funds. ATTACHMENTS: • Housing Fund budget on page . • Police Forfeiture Fund budget on page. • Economic Recovery Grant Fund budget on pages S • Cedarvale Special Services District Fund budget on page . • Cable TV Franchise Fees Fund budget on page . S~ 113 Housina Fund The purpose of this fund is to finance future housing-related developments within the City. The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name to finance multi-family housing developments. The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997. A note issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds, which were to be repaid per the original agreement, was accounted for in this fund. At the end of 1998, the City sold its interest in the note to a third party for $1,200,000. Closing on the transaction was completed in early 1999. As a component of the transaction, the proceeds of the closing were loaned to the Aquatic Facility construction fund and will be repaid over 20 years with the final payment in October of 2018. 2000 2001 2002 2003 Actual Actual Budget Budget Funds Available, Beginning of Year $ 1,192,534 $ 1,355,762 $ 1,511,206 $ 1,682,466 Revenues: Housing Bond Fees 124,522 85,548 83,000 82,000 Interest on Investments 4,774 18,670 0 0 Total Revenues 129,296 104,218 83,000 82,000 Other Financing Sources: Interest on Loan 57,240 55,550 54,260 52,500 Principal on loan 40,000 45,000 Total Other Financing Sources 57,240 55,550 94,260 97,500 Total Revenues and Other Financing Sources 186,536 159,768 177,260 179,500 Expenditures: Monitoring Fee 6,075 4,324 6,000 5,000 Legal expense 17,233 Total Expenditures 23,308 4,324 6,000 5,000 Funds Available, End of Year $ 1,355,762 $ 1,511,206 $ 1,682,466 $ 1,856,966 110 S3 114 Police Forfeiture Fund This fund was created to account for money received from the court system and restricted to police operations. It is expected that transfers will be made from this fund to the General Fund where eligible expenditures are made. 2000 2001 2002 2003 Actual Actual Budget Budget Fund Balance, Beginning of Year $28,564 $20,645 $22,979 $23,869 Revenues: Fines & Forfeits 0 763 0 0 Interest on Investments 2,146 1,571 890 950 Other-vehicle sales 1,080 0 0 0 Total Revenues 3,226 2,334 890 950 Expenditures: Clothing-badges 11,145 0 0 0 Total Financing Uses 11,145 0 0 0 Fund Balance, End of Year $20,645 $22,979 $23,869 $24,819 111 S~ ,il I 118 Economic Recovery Grant Fund This fund opened in 1995 with a grant from the State to establish a revolving loan fund for local businesses for the purpose of economic development. Loan recipients must meet certain requirements as set forth by the State for this program. A ten-year $250,000 loan was made with State funds to an Eagan business in 1995 to initiate the program. The loan was paid in full in 1996. Under the terms of the agreement with the State, $100,000 in principal plus interest collected to the point of payoff, will remain in the fund for loans to other qualifying businesses. The balance of the principal was returned to:the State. 2000 2001 2002 2003 Actual Actual Budget Budget Available to loan out, Beginning of year $153,710 $154,666 $169,379 $180,836 Cash Inflows: Loan repayment-principal 83,443 5,143 5,355 800 Loan repayment-interest 852 315 102 0 Interest on Investments 9,037 9,255 6,000 7,000 93,332 14,713 11,457 7,800 Cash Outflows: Return of loan funds to State 92,376 0 0 0 Net Cash Inflow (Outflow) 956 14,713 11,457 7,800 Available to loan out, End of year $154,666 $169,379 $180,836 $188,636 113 119 Cedarvale Special Services Fund This fund was established in 1996 for the purpose of accounting for taxes collected and expenditures made pertaining to the Cedarvale area special services tax district established in 1995. The primary purpose of the tax district is to provide signage, sign maintenance and turf maintenance for the Cedarvale shopping center. 2000 2001 2002 2003 Actual Actual Budget Budget Fund Balance, Beginning of Year 10,050 11,698 11,743 10,143 Revenues: Special Services District Taxes 4,965 2,999 3,000 3,000 Interest on Investments 674 842 400 400 Total Revenues 5,639 3,841 3,400 3,400 Expenditures: Mowing 3,578 3,578 3,000 3,000 Sign Maintenance 413 218 2,000 2,000 Insurance 0 0 0 0 Total Expenditures 3,991 3,796 5,000 5,000 Excess of Revenue over Expenditures 1,648 45 (1,600) (1,600) Fund Balance, End of Year 11,698 11,743 10,143 8,543 114 s~ 196 Cable TV Franchise Fee Fund This fund was established to account for franchise fees paid to the City from Meredith Cable, Inc. The money is restricted for communications and cable television related activities, primarily the City's share of the funding of the Burnsville/Eagan Telecommunications Commission (BETC). 2000 2001 2002 2003 Actual Actual Budget Budget Fund Balance, Beginning of Year $894,286 $1,446,153 $1,896,213 $1,771,156 Revenues: Cable TV Franchise Fees 707,113 455,586 450,000 480,000 Interest on Investments 96,626 121,396 55,000 55,000 Total Revenues 803,739 576,982 505,000 535,000 Expenditures: BETC Payment 99,313 81,806 96,157 57,600 Equipment purchased 100,421 0 0 47,400 Community Room Remodeling 0 0 168,000 .0 Other 3,495 0 0 0 Other Financing Uses: Transfer to General Fund 48,643 45,116 365,900 444,800 Total Expenditures and Other Financing Uses 251,872 126,922 630,057 549,800 Fund Balance, End of Year $1,446,153 $1,896,213 $1,771,156 $1,756,356 115 Agenda Information Memo December 17, 2002 Eagan City Council Meeting N. APPROVE PROPOSED 2003 BURNSVILLEXAGAN TELECOMMUNICATIONS COMMISSION AND BURNSVILLEXAGAN COMMUNITY TELEVISION BUDGETS ACTION TO BE CONSIDERED: Approve the proposed 2003 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). FACTS: • The City Council has previously reviewed both the BETC and BECT budgets at the November 26 Special City Council meeting. • The City of Burnsville plans to adopt both budgets at its December 16 Council meeting. ATTACHMENTS: • Enclosed on page S1 is a summary of those budgets. S8' City of Burnsville %~M Proposed 2003 Budget Burnsville Eagan Telecommunications W-MEN 'El ti ''xf ;=:TopT~ ~Eti~tchf~i',ss- ot?tal Revenues / Sources Burnsville Contribution 31,865 64,293 96,158 31,865 64,293 96,158 57,635 48,561 106,196 Eagan Contribution 31,865 64,292 96,157 31,865 64,292 96,157 57,635 48,562 106,197 PEG Access Fees - 622,008 622,008 - 600,567 600,567 587,348 587,348 Interest - 20,415 20,415 - 16,000 16,000 - - Other - 14,500 14,500 - 19,329 19,329 42,000 42,000 Carryforward - 29,000 29,000 387 9,464 9,851 Total Revenues / Sources 63,730 814,608 878,238 64,117 773,945 !38,062 115,270 726,471 641,741 Expenditures / Uses Employee Services 40,830 511,183 552,013 39,455 496,601 536,056 90,720 496,220 586,940 Current Expenses 21,900 224,325 246,225 24,662 213,344 238,006 24,550 225,251 249,801 Capital Outlay 1,000 79,000 80,000 64,000 64,000 - 5,000 5,000 Total Expenditures / Uses 63,730 814,508 878,238 64,117 773,945 838,082 115,270 726,471 641,741 Proposed Budget 2003 ~.6-9 Agenda Information Memo December 17, 2002 0. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE CERRITO COLORADO. INC. ACTION TO BE CONSIDERED: To approve the On-Sale Liquor and Sunday license for Cerrito Colorado, Inc., dba El Loro Mexican Restaurant, 1428 Yankee Doodle Road. FACTS: • Cerrito Colorado, Inc. has applied for an on-sale and Sunday liquor license with the City of Eagan. The officers of the corporation are Ruben Arellano, President; Octavio Arellano, Vice President and Jorge Blanco, Treasurer. • The applicant plans on serving alcohol at the El Loro Mexican Restaurant, located at 1428 Yankee Doodle Road. • Cerrito Colorado, Inc. has submitted the required documents. They have been reviewed and deemed in order by City staff. • The Police Department has conducted an investigation on the principals and do not find any reason to deny the applicant the on-sale liquor and Sunday license. ATTACHMENTS: • Application enclosed without page number. 60 P, Agenda Information Memo December 17, 2002 Eagan City Council Meeting P. APPROVE CHANGE ORDER #8, COMMUNITY CENTER ACTION TO BE CONSIDERED: APPROVE Change Order #8, Community Center FACTS: 1) Architectural Revisions PCO 1073A Doors and Hardware 16 - Glewwe $ 3,698.00 PCO 1103 Temporary Heating 34 - Northern Air $ 1,500.00 Add Glycol temporarily to the heating Corp. system. PCO 1107 Change Wall Padding Color 30 - JF Equipment $ 1,981.00 Color of the wall padding was changed PCO 1109 Rubber Floor Tile - Free Weight Area 22 - Anderson Ladd $ 6,125.00 Add rubber flooring to the free weight area. 2) Mechanical and Electrical Revisions PCO 1092 CCD #3 - Electrical Revisions 36 - Peoples $ 2,663.00 Complete work in accordance with CCD No. 3, dated October 10, 2002. PCO 1095 Fire Dampers at Ceilings 33 - Javens $ 24,870.00 Add fire dampers to fire rated ceiling openings not included in original bid documents or Contractor's bid PCO 1102 CCD #4 - Electrical Revisions 36 - Peoples $ 1,544.00 Complete work in accordance with Construction Change Directive No. 4, dated November 1, 2002. PCO 1112 RFI's 252, 254, 267 - Mechanical 33- Javens $ 3,376.00 Ductwork in rooms 139 and 165, Add louvers not shown on the Mechanical drawings and relocate afire-/smoke damper. TOTAL these changes $45,757.00 To be funded from "Contingency and does not increase the Total Construction Budget 41 Agenda Memo December 17, 2002 CONSENT AGENDA . REVISION TO THE NOVEMBER 26, 2002 CITY COUNCIL MINUTES ACTION TO BE CONSIDERED: Approve the revision on page 4 of the November 26, 2002 Special City Council meeting FACTS: • There was an inadvertent error made in recording the minutes during the discussion on the Capital Improvement Program Modification/Upgrades to Pilot Knob and Lone Oak. • There was Council consensus to install the first traffic signal at Central Parkway; however, a revision to the minutes is necessary since no specific date was identified as to when the traffic signal would be ready for formal approval. • The minutes have been corrected to delete the sentence stating that the Central Park traffic signal would be on the December 2 Council agenda. • Per the request of Public Works Director Colbert, an addition to the minutes is suggested under the discussion re: the Coachman Water Treatment Expansion to reflect that the expansion will include the construction of Administrative and Operational office and vehicle storage space for the Utility Maintenance Division. ATTACHMENTS: ? • A copy of the revised November 26, 2002 minutes is attached on pages (y through 6 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL TUESDAY, NOVEMBER 26, 2002 COMMUNITY ROOM 5:30 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services VanOverbeke, Assistant to the Administrator Lord, Assistant City Administrator Verbrugge, Public Works Director Colbert, Parks and Recreation Director Vraa, Senior Planner Ridley, Communications Director Garrison, and Cable Administrator Hodgekiss ROLL CALL & AGENDA ADOPTION Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda and add a discussion on North Fields Road Improvements. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. REDEVELOPMENT UPDATE FOR CEDAR GROVE Keystone Proposal Ehlers Consultant, Jim Prosser, along with Assistant City Administrator Verbrugge presented a preliminary proposal for Keystone Communities, which was selected this past summer by the City Council as the preferred redeveloper for the Langhoven Addition at Silver Bell Road and Cedar Grove Parkway in the Cedar Grove Redevelopment Area (CGRA). Prosser presented Keystone's proposal for a 4-story, 126-unit mixed-service senior housing community. The City Council discussed the proposal, competing markets, as well as design standards for the development. Christy Olson, Keystone developer, and Greg Tusho, project architect, were also present to answer specific questions about the proposed development. Eagan resident Doris Dahline addressed the Council with questions and concerns about the development, including concerns over density, parking, zoning requirements, and tree preservation. Ms. Dahline presented a list of her concerns to Assistant City Administrator Verbrugge. Mayor Awada noted that the CGRA is a special area, meaning it has its own zoning standards. Awada also added that the City is currently translating the village plan concept into zoning language. Upon completion, the zoning requirements for the CGRA will go to the Planning Commission and will then come before the City Council. The City Council was in consensus with the Keystone proposal. Verbrugge noted that a final redevelopment agreement would be before the Council on December 17, 2002. 6.~ Special City Council Minutes November 26, 2002 Page 2 AMCON Proposal Assistant City Administrator Verbrugge presented the site plan and layout for AMCON Construction's development, a single-story, 25,000 square foot commercial-retail development at the west corner of Silver Bell Road and Cedar Grove Parkway. Verbrugge inquired with the City Council about the streetscaping elements that are scheduled to be installed prior to the development being built. The City Council:directed that AMCON incorporate the City's streetscaping elements into their design and work around the scheduled streetscaping. Additionally, Verbrugge noted that AMCON intends on using materials from the streetscaping plan in their landscaping scheme. Verbrugge informed the Council that terms of the development agreement with AMCON would be brought before the City Council in December. Councilmember Carlson requested that the CGRA design standards be moved forward in order to approve them as soon as possible. Due to design standards falling under Chapter 11 in City Code, City Administrator Hedges noted that the design standards must got to the Planning Commission prior to coming before the City Council. The Council directed that the draft of the design standards be presented to the City Council at the December 10 Special Council Workshop (to be held at 4:30 PM), prior to the Planning Commission meeting on December 19. Council also directed that a Special City Council meeting be held on December 23 at 6 PM to discuss the design standards after the Planning Commission has made their recommendation. Councilmember Carlson requested that draft copy of the CGRA design standards be included in the Council's December 6 packet. ALL OTHER PROPOSED BUDGETS-CASCADE BAY, BECTV, COMMUNITY CENTER/CENTRAL PARK, AND CIVIC ARENA Cascade Bay City Administrator Hedges introduced the Cascade Bay budget, noting that at the Special City Council meeting held on November 12, 2002, questions were raised regarding personnel services. Hedges explained that the Salaries line item increased between 2000 and 2001 actuals and 2002 and 2003 budgets were due to position vacancies. The Council discussed the need for a rate increase in order to address increasing operating costs and deteriorating equipment. The City Council discussed the rates. Councilmember Carlson moved, Councilmember Tilley seconded a motion to raise the rate of the Cascade Bay season pass by $2 and raise the daily admission rate by $.25. Aye: 5 Nay: 0 Burnsville Eagan Cable Television (BECT) Tom Garrison presented the draft budget for BECT, and noted that final action on the budget would be taken at the December 17 City Council meeting. Garrison address declining PEG fees and aging cable equipment. The Council discussed fundraising opportunities and advertising capabilities on the local access channels. Garrison told the Council the cable staff is looking into revenue-generating possibilities. Mayor Awada 6~ Special City Council Minutes November 26, 2002 Page 3 suggested leasing space in the cable facility to other municipalities, and also encouraged staff to be entrepreneurial. Community Center/Central Park Staff informed the Council that they are having considerable discussion on the Community Center/Central Park budget, and that the budget will be presented at the December 10 Special City Council Workshop. Mayor Awada inquired about the progress in installing the pond liner. Parks and Recreation Director Vraa addressed the issue, noting that water is continually being pumped from the pond; however, there is too much moisture at this time to lay the liner. Pumping will continue and Vraa will continue discussing options with the contractor. Civic Arena City Administrator Hedges presented a revised budget per the requests of the Council at the July 16, 2002 Council workshop. The Council was in agreement with the revised budget, as presented. The Council also gave direction for Civic Arena Manager Vaughn to research revenue generating improvements to the upper level of the West arena. JULY 4TH CELELBRATION Director of Administrative Services VanOverbeke introduced the item, explaining that the City Council requested an update regarding the location of the 4`h of July celebration. Parks and Recreation Director Vraa stated that the 4th of July celebration can be held at Central Park next year; however, he noted that while grading and seeding will be complete, there will not by long, lush grass in the festival area, as some people may expect. The Council recognized that grass may not be ready in time for the 4th of July. Councilmember Carlson inquired about electricity to the festival site. Councilmember Bakken noted that electricity to the festival site was never part of the plan; rather, generators will be used. Councilmember Carlson moved, Councilmember Fields seconded a motion to hold the 20034 th of July celebration at Central Park. Aye: 5 Nay: 0 CAPITAL IMPROVEMENT PROGRAM MODIFICATION/UPGRADES TO PILOT KNOB & LONE OAK ROAD Public Works Director Colbert addressed the Council regarding County Road improvements on Lone Oak Road and Pilot Knob Road scheduled in the 2003-2008 CIP. Colbert noted that due to the Gift of Mary development in the summer of 2004, the extension of a trunk watermain is necessary. The extension of the watermain is within the future road improvement area of the Lone Oak Road upgrade. Colbert noted that it would be more cost efficient to have this watermain constructed during the early stages and as part of the County Road improvement to avoid patching an existing roadbed and reconstructing the new watermain within the following year to meet the design changes 65-- Special City Council Minutes November 26, 2002 Page 4 in road elevations. Colbert explained that the County does not have the resources to accelerate the Lone Oak Road improvement. The CIP estimate for the improvement is $1,300,000. Colbert also noted that Pilot Knob Road was programmed for its proposed improvement in 2004 to signalize the intersections at Central Parkway and Towerview Road. Dakota County has indicated that if the road improvements on this section of Pilot Knob were delayed one year, they would be amenable to installing a temporary signal, if the warrants and priorities were met prior to a scheduled improvement. The CIP estimate for this improvement is $1,500,000. The Council recognized the need to begin right of way acquisition along Lone Oak Road early in 2003 to have the easements available for an early 2004 contract letting; therefore, the City and County would have to enter into an agreement early in 2003, before the next CIP (2004-2008) is prepared for Council consideration. The Council provided direction to proceed with the above amendment (to switch the two program years). There was Council consensus to install the first traffic signal at Central Parkway, which Colbert noted makes sense from a traffic lane configuration standpoint. COACHMAN WATER TREATMENT EXPANSIONIMODIFICATION UPDATE Public Works Director Colbert provided an update to the Council on the plans for the expansion of the City's North Water Treatment Plant. Colbert and Steve Nelson, project manager from SEH, presented a preliminary design report on the expansion. The City Council discussed land acquisition and specific expansion plans. Colbert noted that no new staff would be needed as a result of the expansion. The expansion will increase the capacity of the treatment plant from 12 million gallons per day to 22 million gallon per day, which will meet the demand of forecasted City growth. Additionally, the expansion includes the construction of Administrative and Operational office and vehicle storage space for the Utility Maintenance Division. Mayor Awada suggested the City's cable staff do a documentary on the water treatment expansion process, as well as the water treatment process. Colbert noted that expansion is scheduled to be complete by the Summer of 2005. Director of Administrative Services Vanoverbeke presented possible funding scenarios and explained that funding has been saved over the years for this expansion, meaning that no additional bonding would be needed and there would not be a need to increase water fees. The existing bonds and the treatment plant are scheduled to be paid off in 9 years. Mayor Awada commended staff and previous Councils for prudent fiscal planning. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt the Preliminary Design Report. Aye: 5 Nay: 0 I' Special City Council Minutes November 26, 2002 Page 5 NORTH FIELD ROAD IMROVEMENTS Director of Administrative Services VanOverbeke introduced the item. The Council requested an update on the road improvements for Borchert Lane and plans for North Fields. Councilmember Carlson voiced her concerns that North Fields be left strictly as flat land to be used for athletic fields for the time being. Carlson added that she wants no permanent structures on the land, as the property is intended to be a land bank for any future public needs. The City Council discussed uses for the land, as well as the need for utilities and road improvements. Councilmember Carlson distributed a written document to the City Council that outlined what she thought was the original Council intent for the use of North Fields. The Council discussed irrigation needs for the fields. Vraa noted that all major athletic fields in the City have underground irrigation. There was Council consensus to include irrigation as an add alternative in the bidding process. Mayor Awada requested that staff bring back options for irrigation. Mayor Awada moved, Councilmember Tilley seconded a motion to include the document provided by Councilmember Carlson in the Parks System Plan. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Fields seconded a motion that an agenda item be placed on Old Business at the December 2 City Council meeting to wave the normal development standards for the Borchert Lane project. Aye: 5 Nay: 0 Councilmember Carlson requested that staff include in the cover memo an explanation that the athletic fields at North Fields are intended as an interim use for the property. OTHER BUSINESS Mayor Awada moved, Councilmember Fields seconded a motion to change the time of the Special City Council Meeting on December 10 to 4:30 PM and set a Special City Council meeting for Monday, December 23 at 6 PM to address Cedar Grove design standards and hear any other items that need Council attention. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:10 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, 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 race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 7 Agenda Information Memo December 17, 2002 Eagan City Council R. EXTENSION FOR RECORDING CONDITIONAL USE PERMIT - WAL-MART ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record a Conditional Use Permit for Wal-Mart for property located at 1360 Town Centre Drive in the NW '/4 of Section 15. FACTS: • The City Council approved this Conditional Use Permit (greenhouse) on June 4, 2002. • With the requested extension, the deadline for recording the CUP would be March 3, 2003. • Upon approving this CUP, the Council took action to revoke a previous CUP on this property (produce stand). The City attorney drafted a revocation agreement for that purpose. Wal- Mart is in the process of obtaining the necessary signatures and recording the revocation agreement, which must be completed before this CUP can be recorded. • Wal-Mart was on schedule to satisfy the previous deadline, however, upon delivery of the revocation agreement to Dakota County, the County rejected the document for lack of notaries and seals. Therefore, Wal-Mart is requesting a further 90-day extension from the City to resolve the matter. • A letter from the applicant is attached. ATTACHMENTS (1): Letter from Wal-Mart dated December 6, 2002, page I. Y ~:w~.t~r_tr~Y,►:.rii~waay.~uri.,.,r:.u....,.i:.~.,.. Wal-Mart Real Estate Business Trust Sam's Real Estate Business Trust Wal-Mart Stones, Inc. Sam's East~ Inc. Wal-Mart Stores East, Inc. Sam's W Inc. Wal-Mart Realty Co., Inc. Sam's P.WW Inc. L*MART WA Wal-Mart Louisiana, I.I.C. Wal-Mart Stores, Texas, LP Wal-Mart Stores East, LP 47'4277.1926 Fax 4M2044096 LEASE ADMINISTRATION DEF'T.844-9391 tit 2001 S. E.10th STREET * BENTONVILLE, AR 727160550 I December 5, 2002 j i i Pamela Dudziak, Planner CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 i RE: Store #1786 Revocation of Conditional Use Permit Dear Ms. Dudziak: As per our phone conversation of 12-4-02, I am sending you this letter to request a 90 day extension for recording the above mentioned document and CUP, which we had previously requested.. i We are currently in the process of getting these signed documents ser t to your from Fidelity Investments for the Landlord Congress Street Exc lange. Thanks so much for your help with this matter. If you have any questions, please feel free to call me at 479-204-0031. i i i Sincerely, i 1 I Diane DeMare i Assistant to Annette Kolb i DYD i 6 i Agenda Information Memo December 17, 2002 Eagan City Council Meeting S. DIRECT CITY ATTORNEY TO PREPARE A SIGN ORDINANCE AMENDMENT RELATING TO PRODUCT SIGNAGE ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an Ordinance Amendment to allow additional product signage, via a Conditional Use Permit, for commercial and industrial businesses. FACTS: The City Council Sign Committee (Bakken & Fields) and staff met on two different occasions with a local business person that believes the current Sign Ordinance, as it relates to product signage, is too restrictive. Most recently, the Sign Committee recommended that an Ordinance Amendment be pursued that would provide for additional product signage via a Conditional Use process. Prior to an amendment to the Sign Ordinance earlier this year, only signage for Business Identification was allowed. After reviewing several alternatives, the Sign Committee recommended a change that provided for a single product to be identified, in addition to allowed business identification. The City Council adopted this amendment in April of this year. As an amendment to Chapter 11, the APC will be required to hold a Public Hearing before the item is heard by the City Council. ATTACHMENTS: None 7o Agenda Information Memo December 17, 2002, Eagan City Council T. MODIFICATIONS TO CHAPTER 11 - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve modifications to Chapter 1 I of the City Code. FACTS: • On September 17, 2002, the City adopted a revised Zoning Ordinance, Chapter 11 of the City Code. • Staff has since discovered some errors and omissions in the 158-page document which should be corrected before the ordinance is codified. The specific corrections are listed in the attached memo. • Most of the modifications are the result of typographical errors, and inadvertent omissions or carryovers from the previous zoning ordinance. • In updating the use lists in the zoning districts, some new items were overlooked (Gun Clubs as a conditional use in the P district) and some other items were not included (elementary and middle schools in the BP district). These modifications also correct those oversights. • Retail parking standards are being corrected to reflect the three-tier calculation adopted in November 2000, and provisions allowing commercial outdoor displays are being reinstated after having been inadvertently omitted in the revised Code. • Some previous amendments that had not yet been codified were inadvertently omitted in the revised Chapter 11. Likewise, some code amendments affecting Chapter 1 I or Section 4.20 (Sign Code) that occurred during the Zoning Code Update process did not get incorporated into the final draft sent to the Council for adoption in September. ATTACHMENTS (1): Staff memo dated December 12, 2002 on pages /ek through 9 1I/ iMEMO city of eagan To: Tom Hedges, City Administrator Through: Mike Ridley, Senior Planner From: Pam Dudziak, Planner Date: December 12, 2002 Re: Modifications to the Zoning Code, Chapter 11 Correct tenninology for consistency: • Change "gas" to "motor fuel" Change "auto" and "automobile" to "motor vehicle" • Change title of Section 11.60 on index from "Zoning Districts" to "Use Districts and Overlays" Correct typographical errors as follows: • Definition of "Net floor area" - " or 875%_M21 a of gross floor area • Definition of "Motor vehicle repair, minor " not in excess of seven nine thousand (9,000) pounds gross weight." • Definition of "sign" delete reference to Section 4.20 and state definition in its entirety since all of what was Section 4.20 (Sign Code) is now incorporated into Chapter 11 in Sec. 11.70 Subd. 25. Section 11.60, Use Districts: • Delete extraneous language, "for any building in any yard in all zoning districts," in the reference to additional setbacks for buildings in the Use Districts. This phrase was inadvertently carried over from the previous ordinance where it appeared only once and applied to all districts. In the revised Chapter 11 it appears in each district and therefore the reference is unnecessary and confusing. • Limited Business (LB) District ❑ Correct reference to obsolete code section from "Sec. 11.10 Subd. 29" to "11.70, Subd. 20." ❑ Correct erroneous reference by deleting "historical buildings" from the list of conditional uses in the Limited Business zoning district. • Business Park (BP) District ❑ Correct omission Add elementary and middles schools to the list of conditional uses ❑ Add "on-sale liquor" to the list of conditional uses to reflect ordinance adopted August 6, 2002. • Park (P) District ❑ Add "gun club" to the list of conditional uses ~a Section 11.70, Performance Standards: Correct off-street parking standards for retail uses to reflect three-tier standard adopted in November 2000. Correct omission of performance standards for outdoor display by business, by reinstating such provisions in Subdivision 20 and including reference in index. Correct Subdivision 25 (Sign Ordinance) to reflect recent ordinance amendments: ❑ Ordinance No. 320 regarding location of signs on certain property. ❑ Ordinance No. 335 regarding business and product signage, number and area of signs, and placement of signs. ❑ Ordinance No. 347 regarding the definition of "governmental sign." 93 Agenda Information Memo December 17, 2002, Eagan City Council Meeting U. FINAL SUBDIVISION - (WENDOLEK WOODS) ACTIONS TO BE CONSIDERED: To approve a Final Subdivision to create two single family lots on approximately 1.06 acres located at 4565 Oak Pond Road. FACTS: • There is an existing single family dwelling present on Lot 1. • The development is in an R-1, Single Family Residential District and is located within the Shoreland Overlay District of McDonough Lake. Shoreland Overlay requirements are anticipated to be met. • Access provided via Oak Pond Road. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. • Lot 1 is proposed to be 24,202 square feet; Lot 2 is proposed to be 21, 816 square feet. • The existing house on Lot 1 is connected to the City sanitary sewer and water main systems. The well is allowed to remain for exterior uses. ATTACHMENTS (1); Final Plat on page-9-5 s I Y R £ l a ! i t ~ { 4 y ie~ I ~ ~ ~ I ~ ~ I ira eft I~ ~ # ~ I~3° s 4 ~ ;i 12r S ; ~ 'y F s ~ _ € ~ €4s a a # .~Y I a f s f Y~Y~ : # ~ i j'~ I ~ t Yl.t i ~ S Y' !T3 i£ r ~ t i ~Y ~ rY 3 ~ IsYS f= x ig ~ # iaEi s= i€i €t Ems' ? z ffp;; :ij U_ I M1I i t o~ a • L S6l t ! dF b 6 N L1 ~ If C3 i r e` ` c a g~ I w; t3 r~ - Yr T~I YE rJ r;t ~ g" t CJ ~c _ nrr I Agenda Information Memo December 17, 2002 Eagan City Council V. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (EAGAN HEIGHTS TOWNHOMES 3'D ADDITION) - JADEAN DEVELOPMENT, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision to create 38 lots on approximately 5.2 acres located north of Diffley Road across from Metcalf Junior High School in the SW '/4 of Section 19. To approve a Final Planned Development for Eagan Heights Townhomes 3Td Addition for the construction of 36 townhome units. FACTS: • The Council approved the Preliminary Subdivision and Preliminary Planned Development on October 1, 2002. • The Final Planned Development is consistent with the Preliminary Planned Development. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page 9.6 I a-Z z F I~ n ,ror~ .w,.m th ~ g I ~ > 9LZ u :..xxt C~' IY; W L r-'f 4 %In ( WZ a E E--4 - - - _ _ kapom ac•u- _ _ a nm ns rta9 F-1 d a a I Q =1 s - I :S e ~i c ` a 1`~tN I a b s V 11 ' 112 a s a 9i W _ 90.90005 1TC 8 ~ C 00'a q t R a all ,h8 8 u 8 8 p ~ a n ~ ~ ~ ~ trtE . £ O ob i` ~ ~ ar Ael E-+ Q x e C\2 I vi 5 b • v Tn _ r~ ~ 6 ' I 8 V L - a • ~~••~y~l a a s ~ a~ x T`~ G ttA ~ ~ x 8. ^ W c - meat ~ ° C. C ♦.9 `N iiS.fC.t05 n 7• R - 4J y~ yiyp~ f < J C~v CVI CU Ci~i~'- ~;n35r ,.'Ml' ► ::M+ftC LL - o O a s •1`3~ ~E --n ac q![.b9ao9 sra I a Q maxi n wa JiY m.. giw _ a~ 1CAi9, mA Mt,moos i Ila •~o,~~ ~o ti9i.i9oos ~ b~ ~ Z ~ 1y I ~ ~o aWz ~fU r W 1 S f ~ ~ < z Ct' Z ~ ~-v9"~ lc4 V v•n 6 . U yy~7F mixu Agenda Information Memo December 17, 2002 Eagan City Council W. VACATION OF EASEMENTS, FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (GREYHAWK) - MARK GERGEN & ASSOCIATES, INC. ACTION TO BE CONSIDERED: To approve a Vacation of public drainage and utility easements within Lot 3, Block 1, Blackhawk Plaza. To approve a Final Subdivision to create 44 lots and two outlots on approximately 8.3 acres located between Blackhawk Road and Hwy. 77, north of Diffley Square in the SE '/4 of Section 20. To approve a Final Planned Development for Greyhawk for construction of 43 townhome units and one existing single-family home. FACTS: • The Council approved the Preliminary Subdivision in two phases on August 20 and October 1, 2002, and the Preliminary Planned Development on October 1, 2002. • The Preliminary Planned Development was approved for a five-year term. • The Final Planned Development is consistent with the Preliminary Planned Development. • A public hearing for the vacation of drainage and utility easements associated with this project was held on December 2, 2002 and action on the vacation continued to the time of final plat approval. • The easement vacation will avoid conflicts between existing underlying easements and the proposed Greyhawk development. New drainage and utility easements are being dedicated with the Greyhawk Addition plat. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS11): Final Plat, page I. Z O 0 V4. LL 14, Nom; J O •f•r : f = D e. S d? °P w- t T ~`'qs `~1'••`"a i . • ~`i •,~z w. ~i tom;; ~ ; •l d ,Rif ' r .•G 4• n coo Diy s. 1:','~'• .+~'s` at.~ O..'c ~ ; ~ f Y K.Cf.yti _ P lry. j Q 44 -f 16 •a: `mil ~ } .r rr' ' ~ „ a 6A,,/}%~4: ~,r:JS3i . stu ysw.•s.ss«w* ~ Q z J+• , a .ate -'.;:p'.~i ~ ~ a~4 ! €`a~ I I 4 'a A . iii y 4 g `~p~ ~ safe I I I'Y ~ P,. ,•,r -[..tae. ~ i s ~4t ~ I I I P A ~ a' A ~ - f'fa JS [f9 t i.l ~ e . I Iti R 's $ 7 e n F C-4 I- u u us Y.Pr.s..na C ~ ~ a ~A ~`R R r I I~ AID. O 8 ! "'zs [s•'z m'rl t _ ~f'' I n _ ti ~ ~J pp O Ai i ~11 ~ }P.J Yd ' ~ %m;t'~Ift U R 1•.yp' °a ~ I ~'J IH W q~ \ can _ OR L Y I v li co ,V.;d Y I O ->4 3s . w'' ^ d~ I i JA, ofd', °°ut: A-r id I I • ~ 7 YY - Y Q i. ` I of I •S. ~ 4 Kit Yn ~ _ ~ I I 2 eY I I b. sj 1 \ I 9V r Y A/ Vr F J I\/) V I N-I L - - -QM 'C2 l '02 73s J6 t/IJS 7wl JO ]111 IS]n J.cl - - Agenda Information Memo December 17, 2002, Eagan City Council Meeting X. FINAL SUBDIVISION - (WATERS EDGE) ACTIONS TO BE CONSIDERED: To approve a Final Subdivision to create nine single family lots on 4.6 acres located at 1470 Englert Road, west of Pilot Knob Road. FACTS: • There is an existing single family dwelling and accessory structure present on Lot 1, an existing shed is located on Lot 2. • The development is in an R-1 single family residential zoning district. • The proposed lots range from 13,747 to 17,623 square feet in area. • Access provided via Englert Road. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. • Dakota County will allow the existing driveway to continue to exist by permit application. • Right of access is dedicated along all of CSAH 31 to Dakota County. • Lot 8 is proposed to be custom graded. An individual lot tree preservation plan is required at the time of building permit. ATTACHMENTS (1): Final Plat on page ~O I U C N `u U ° t r O ~ 'V n O N o Q r\ v 4. C s aR l (Ig ONq .(VMHJIH OIV 31V1S k1N(10o OVOd SONS 10'11d € -"ro - 23 fg K` s me f ~ R 1-. 5 5 D x c° 'D. B~ I q^ ti / « i l9 v rx « I a 'k« ~ ~ 4 ~O r i eo ~s _ a op-° W q.r y 1 !o{st - 3.co.csos - \ € gs fE"• F f I1 ~I 2 I \~••'~r Ear ° 33 ~ ~ ti « rr + L4 a I D~yx _ a of 1,. Coq .JDriM "i ----N 011 rl 7_~X 7 1_ L _ Agenda Information Memo December 17, 2002, Eagan City Council Y. FINAL PLAT AND FINAL PLANNED DEVELOPMENT (GIFT OF MARY) - GIFT OF MARY ACTION TO BE CONSIDERED: To approve a Final Plat (Gift of Mary) consisting of one lot for property located south of Lone Oak Road and north of Hwy. 55 and bordering on Inver Grove Heights, in the NE 1/4 of Section 12. To approval a Final Planned Development for a children's home and on-site school and community center. FACTS: • Gift of Mary consists of approximately 35.5 acres of unplatted property, creating a single 32.9-acre lot, and dedicating necessary right-of-way for TH-55 and Lone Oak Road. • The Preliminary Planned Development was approved on June 4, 2002 for a children's home consisting of 20 new residential structures housing up to 200 children on the northern portion of the site, and an on-site school and community center building on the southern portion of the site. • Over the past several months, Gift of Mary has modified and refined the development plans. The Final Planned Development is consistent with the Preliminary PD approval. The final plans show 20 new residential structures, outside play areas and ball fields, a pavilion, and an on-site school and community center building of about 88,000 sq. ft. • The Final PD results in less tree removal than the Preliminary PD. The permit for wetland impacts was approved on December 2, 2002. • Gift of Mary has petitioned the City for public improvements related to streets and utility extensions. Those items are scheduled in the public hearing portion of this agenda and must be acted upon by the Council prior to action on the Final Plat and Final PD. • All agreements and documents are anticipated to be in order and ready for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page ll ?d2 I 9 St 1 ~ • • y ~ t; `t ~ ~ >>~`i~~~~ _ ~ ~ 511, + a + "'~~._.:;_:-__il s0.. - JCtQararx S'--~-_ a~,,,">-' s' _ -91 nF1 l _•1 00 P A;~ V, o ~ f ppy \ ~ ' ~iS~rS g3 Agenda Information Memo December 17, 2002, Eagan City Council Meeting Z. FINAL PLANNED DEVELOPMENT - (EAGAN SNIOR HOUSING ADDITION PHASE II, BUILDING 1) ACTIONS TO BE CONSIDERED: To approve a Final Planned Development Agreement for phase II of the Eagan Senior Housing Addition (building 1). Located on the south side of Town Center Drive, east of Denmark Ave and north of O'Leary Lake in the NE 1/4 of Section 15. FACTS: • This property is zoned PD, Planned Development, and was originally approved on July 1, 1997, and provided for a senior housing campus of up to 235 units of senior housing or 130 units of senior housing and a two story 65,000 square foot office building. • Phase II includes a 60 unit senior housing facility. There is an existing 65 unit senior housing facility located on Lot 1, Block 1, Eagan senior Housing Addition. Combined there arc 125 units. • Lot 1, Block 1, Eagan Senior Housing Second Addition has a 35,000 square foot office building occupied by the Dakota County Community Development Agency. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): 7/ 1 /97 City Council Minutes pages 0 Sthroughu I - - ~y, - EAGAN CITY COUNCIL MEETING MINUTFS; JULY 1, 1997 PAGE 9 A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Awada opposed) Councilmember Blomquist and Mayor Egan agreed to amend their motion to include providing direction to staff to study all surplus public properties to determine the future public purpose, including the former Cliff Road reservoir site. PREUNffNARY PLANNED DEVELOPMENT, VARIANCE & PRELDENARY SUBDIVISION DAKOTA COUNTY HRA (EAGAN SENIOR HOUSING) r City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve a Preliminary Planned Development for a Senior Housing Campus up to 235 units of senior housing or 130 units of senior housing and a two story 65,000 square foot office building on property located on the south side of Town Centre Drive, east of Denmark Avenue and north of O'Leary Lake in the NE 1/4 of Section 15 subject to the following conditions: 1. The proposed campus shall not exceed 235 units/ rooms of senior housing or care facilities or the campus shall not exceed 130 units of senior housing and a 65,000 square foot office building. The height of the office building shall not exceed two stories. 2. All residential buildings shall be constructed to meet interior noise level of 45 dBA for aircraft noise attenuation purposes. 3. The developer shall install more evergreen trees for year round screening and to break up vertical elements behind buildings 1 and 2; provide additional parking lot screening for building 3 along the Town Centre Drive frontage and irrigate all maintained landscape and lawn areas on the site. 4. A Final Plan Development Agreement shall be executed with the construction of each building and shall consist of the following exhibits: Final Site Plan; Final Building Elevations, Final Lighting Plan and Final Landscape Plan. 5. Future Buildings shall be compatible in design, color scheme and building materials utilized for proposed building 2. 6. The developer shall provide an emergency vehicle access to the rear of Building 2 along the west side in compliance with the City fire code. 7. Any signage shall comply with the City sign code. 8. Dumpsters stored on the exterior shall be an attached enclosure matching the building materials of the building. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Variance to the Shoreland Ordinance (section 11.21, Subd. 101.2.e) to allow density transfers to a tier closer to the water body on property located on the south side of Town Centre Drive, east of Denmark Ave. and north of O'Leary Lake in the NE 1/4 of Section 15 subject to the following conditions. EAGAN CITY COUNCIL MEETING MNU M, JULY 1, 1997 PAGE 10 1. The proposed campus shall not exceed 235 units/ rooms of senior housing or care facilities or the campus shall not exceed 130 units of senior housing and a 65,000 square foot office building. 2. The land between 200 and 800 feet from the OHWL in the proposed outlot must remain as permanent open space. The land must be maintained or planted with native grasses. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the Preliminary Subdivision consisting of one lot and one outlot on property located on the south side of Town Center Drive, east of Denmark Avenue and north of O'Leary Lake in the NE 1/4 of Section 15 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: B1, B2, B4, Cl, C2, D1, El 2. The property shall be platted. 3. Runoff from the western portion of the development be treated via on-site ponding prior to the discharge to Pond DP-23. The pre-treatment basis shall have a minimum wet volume and mean depth of .8 acre feet and 3 feet, respectively, and shall meet the City's Standards for Detention Basin Design. 4. Runoff from the eastern portion of the site shall be direction to Pond DP-20. The City shall require a cash dedication in lieu of on-site ponding for this portion of the site, the proceeds of which should be used to enhance pollutant removal efficiencies in Pond DP- 20. 5. An ungraded buffer at least 50 feet in width back from the ordinary High water level of O'Leary Pond shall be preserved. This buffer should be left in an unmainbdned condition after development to filter overland runoff and provide buffer. 6. Filling or draining of wetland areas within the development parcel shall be prohibited. 7. Tree Protective measures (i.e. 4 foot polyethylene safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 8. The developershall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 9. The developer shall be responsible for additional park dedication at the residential rate at the time of building permit for each building unless waived by the City Council. 10. The developer shall be responsible for installing a sidewalk along Town Centre Drive. 11. The developer shall obtain a modification to the Eagan Heights Commercial Park Indirect Source Permit for this development. I EAGAN CITY COUNCIL. MEETING MINUTES, JULY 1, 1997 PAGE 11 12. The slope behind buildings 1 and 2 shall be planted with native trees and grasses and plantings in unmaintained areas shall be approved by City staff. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - E-Z AIR PARK, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Planned Development Amendment allowing the property owner at 2804 Lexington Avenue S. to remove and replace an existing garage and add a 600 square foot office to the north side of the new garage on Lot 7, Plainview Addition, in the SW 1/4 of Section 2 subject to the following conditions: 1. The new building shall only be used for office use and as an accessory residential garage. 2. The exterior of the new garage/office building shall match the existing residence. 3. The applicant/ owner shall be responsible for assuring that the existing lines can accommodate the additional use and also that this general utility layout is functional. 4. The new building shall be constructed with noise attenuation measures that achieve a maximum indoor noise level of 50 dBA. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT & VARIANCE - U.S. WEST NEW VECTOR GROUP INC. City Administrator Hedges provided an over on this item. Senior Planner Ridley gave a staff report. David Larson, applicant, explained the need for the variance. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit allowing a 120' communication tower located at 3659 Kennebec Road subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt provided to the City. 2. The Conditional Use Permit provides for a 120' tall communication monopole. No equipment or antennas may be in excess of 120'. 3. A building permit shall be obtained for the erection of the monopole. 4. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole. 5. No artificial illumination shall be allowed on the tower except when required by law or another governmental agency. 6. No signage other than the public safety warnings or equipment information shall be affixed to the tower or the equipment building. C? 9 Agenda Information Memo December 17, 2002 Eagan City Council Meeting AA. PROJECT 886, LONE OAK ROADUPGRADE (HIGHWAY 55 TO INVER GROVE HEIGHTS) ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report for Project 886 (Lone Oak Road Upgrade - Highway 55 to Inver Grove Heights border) by WSB & Associates, Inc. FACTS: • The County road upgrade and utility improvements on Lone Oak Road (County Road No. 26) between Highway 55 and the Inver Grove Heights was recently re- programmed for 2004 in both Dakota County's and the City's 5-Year Capital Improvement Programs (2003-2007 CIP). The planned improvements include the upgrade of the road from its current rural section to a 4-lane divided urban section, withoff street trails and public utility extensions. • Based on the CIP schedule, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report by the City's consulting firm of WSB & Associates, Inc. to define the scope, cost, schedule and method of financing this public improvement. 08, Agenda Information Memo December 17, 2002 BB. 2003 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2003. FACTS: • Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the council's approval. ATTACHMENTS: Consulting Engineering Fees, page 9 Fee Increase Comparison, page LCE7 g9 . r a _ L W, 6 w g ~ E W r f U c 3 a a U QE U Q c v in w a V 1 C, 0 C) O O O O O O O S m 0 t- h S O O m o tD g w H H H H H GO H 00 00 0000 000 000 0 3 $oWn oWn OOOO 00o noo o o C. 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PROJECT 828, CHES MAR POND STORM MITIGATION ACTION TO BE CONSIDERED: Approve Change Order #1 to Project 828 (Ches mar Pond) for the Home Modification Contract (Schweich Construction) in the amount of $2,205. FACTS: • Project 828 provides for storm mitigation improvements to the Ches Mar Pond area (Pond BPA 1) associated with flooding from the July 2000 Super Storm event. The infrastructure improvements were performed under Contract 01-14. Due to the specialties associated with the required home modification to 1348 Wilderness Run Dr., the Council accepted a Proposal from Schweich Construction on Oct. 15, 2002 in the amount of $22,810. • This work involved converting the current walk-out to a "walk-up" condition to accommodate the raised rear yard elevation (providing the necessary 2' freeboard). During the course of this work, an electrical line had to be removed and brought up to code resulting in additional interior wall repair and painting. Also, a 2"d sump basket had to be installed to accommodate the new exterior patio drain (Add $2,205). This results in a 9.7% increase. • This work has been reviewed by the building inspection division and found to be necessary to complete the original contract and in order for favorable Council consideration. I Agenda Information Memo December 17, 2002 DD CONTRACT 01-12B JULY 2000 STORM MITIGATION LANDSCAPING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 01-12B (July 2000 Storm Mitigation - Landscaping Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS:, • Contract 01-12B provides landscaping improvements associated with some of the storm sewer improvements completed as part of the July 2000 Super Storm, including Beacon Hill/ Penkwe Way (Area #6 - Project 824), Evergreen Park/Ponds BP-15 & BP-16 (Area #5 - Project 831) and Beaver Dam Road/Pond AP-22 (Area #3 - Project 839), as outlined and discussed in the Preliminary Design Report (April 2001). • The change order addresses the replacement of trees in Meadowland Park as part of the Beaver Dam Road/Pond AP-22 improvements for Project 839 and turf re-establishment in and adjacent to Evergreen Park as part of the restoration associated with the Evergreen Park/Ponds BP-15 & BP-16 improvements for Project 831. Trees were removed during the excavation of the dry pond within Meadowland Park. No accommodations had been addressed by the contract for the storm sewer improvements to replace the trees. The tree replacements have been coordinated with the City Forester. (Add $9,045.00) • The change order also addresses the installation of sod on the impacted property of Thomas Lake Elementary adjacent to the expanded Pond BP-16. The field maintenance staff of Independent School District 196 had requested seeding, which was bid, but the principal of the elementary school has demanded sodding of the area disturbed by the associated storm sewer improvements. (Add $27,519.30) • City of Eagan Parks Maintenance staff have requested the use of hydro-seeding to replace the originally proposed seeding within Evergreen Park. Erosion control blankets will also be added to the sloped areas adjacent to Pond BP-16. Bushes are also desired to provide a buffer to an unexpected fence installed by the school after the storm sewer improvements. (Add $12,755.01) • The costs of the related change order items are all consistent with the bid prices for relevant bid items on other projects within the city. This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a total cost increase of $49,319.31 (98.7% of original contract). The associated expenditure will be the responsibility of the City's Storm Sewer Trunk Fund. 93 Agenda Information Memo December 17, 2002 Eagan City Council Meeting EE. CONTRACT 01-04, CENTRAL PARKWAY/ NORTHWOOD PARKWAY & COMMUNITY CENTER STREET, UTILITY & GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 6 to Contract 01-04 (Central Parkway/ Northwood Parkway & Community Center - Street, Utility & Grading Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-04 provides for the street and utility improvements for Central Parkway from Pilot Knob Road to the Community Center entrance and Northwood Parkway approximately 400 feet east of Pilot Knob Road (City Project No. 790R). It also provides for grading and utility improvements on the Community Center/Central Park site, as authorized by the City Council with approval of the Central Park Master Plan. • The change order provides for the following: o Relocation and modification of the Pond CP-4 storm sewer lift station control panel to near the bandshell structure to improve aesthetics on the Community Center site. This portion of the change order provides for an additional cost of $6,071.63. o Revision of the Glen Ponds apartment's driveway to ensure that storm water runoff from the Glen Ponds parking lot drained properly to the Northwood Parkway storm sewer system, and not to the apartment's parking garage. This portion of the change order provides for an additional cost of $1,626.00. o Revision of the final contract completion date for the final street work bituminous wear course and pavement markings on Central Parkway from October 15, 2002 to June 15, 2003. This will allow for the completion of the Central Parkway streetscaping work under Contract 02-17 prior to the placement of bituminous wear course and pavement markings on the street. This portion of the change order provides for an additional cost of $1,600.00. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for the additional total cost of $9,297.63. The cost of th additional work on Central Parkway and Northwood Parkway will be the responsibility of the City Major Street Fund and assessed to the adjacent benefiting properties as outlined in the feasibility report for Project 790R. The cost of the additional lift station work will be the responsibility of the Major Storm Sewer fund and allocated funds for the Central Park site. I Agenda Information Memo December 17, 2002 Eagan City Council Meeting FF. CONTRACT 01-05CEDAR GROVE ACCESS MODIFICATIONS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 01-05 (Cedar Grove Access Modifications) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-05 provides for the street and utility improvements related to access modifications in the Cedar Grove Redevelopment Area (City Projects 80OR and 759R). • The change order provides for the installation of new permanent and temporary water service lines, removal of a water service line, installation of an additional gate valve, replacement of a cracked storm sewer pipe, relocation of a catch basin, and the replacement of a broken sanitary sewer pipe, all on Cedar Grove Parkway under City Project No. 759R. This portion of the change order provides for an additional cost of $6,579.16. • The change order also provides for the installation of temporary traffic control signs, removal of an existing concrete sign footing, removal of a previously undiscovered septic tank, modification of a driveway entrance apron, relocation of a signal control cabinet, and additional erosion control measures, all within the Cedar Grove Redevelopment Area under City Project No. 800R. This portion of the change order provides for an additional cost of $11,003.10. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a total additional cost of $17,582.26. The cost of the additional work will be the responsibility of the City's respective Major Street and Utility Funds and assessed to the adjacent benefiting properties as outlined in the feasibility report for Projects 759R and 800R. Agenda Information Memo December 17, 2002 GG. CONTRACT 01-07. LEXINGTON AVENUE DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract 01-07 (Lexington Avenue - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-07 has provided for the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and included the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive. • The revisions detailed in the change order address a number of minor changes in the street, utility and retaining wall work associated with the upgrade of Lexington Avenue. • Change Order No. 4 addresses additional efforts that were required to construct the retaining wall at the northwest corner of Clubview Road and Lexington Avenue as well as unexpected restoration efforts adjacent to the retaining wall next to Children's World (Add $5,923.90). • The change order also includes the extension of an 8" sanitary sewer to unplatted property east of the intersection of Clubview and Lexington, as well as the locating and repairing of a water leak on an abandoned service near this location (Add $15,063.64). • Change Order No. 4 also addresses revisions to the plan design requested by Dakota County including the construction of concrete valley gutters, relocation of pedestrian ramps and the revision of radiuses on curb returns at intersection of Lexington and Yankee Doodle. Changes also included the substitution of milling and placement of a bituminous leveling course for the planned reconstruction of this intersection to reduce impacts to the traveling public (Add $65,873.66). • The costs of the related change order items are all consistent with the bid prices for relevant bid items on this and other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a total cost increase of $86,861.20 (2.1 % of original contract). The portion of the cost associated with the sanitary sewer extension ($2,189.14) will be the responsibility of the City's Sanitary Sewer Trunk Fund. The remaining associated expenditure will be split between the County (55% = $46,569.63) and the City (45% _ $38,102.43). The City's portion is the responsibility of the City's Major Street Fund. ~6 Agenda Information Memo December 17, 2002 Eagan City Council Meeting HH. SET PUBLIC HEARING DATE - TO CONSIDER REVOCATION OF INTERIM USE PERMIT FOR JIM OBERG ACTION TO BE CONSIDERED: To set a public hearing date to consider revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on October 1, 2002 for property owned by Mr. Jim Oberg, located in a Neighborhood Business zoning district, south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE '/4 of Section 36. FACTS: • The Interim Use Permit was approved to allow for outdoor storage of four trailers, four pieces of equipment, and 40 pallets for parts, subject to conditions. • Condition I of approval states that "all refuse items shall be removed from the property and disposed of properly by October 31, 2002..." An inspection of the site was conducted on November 1, 2002 and refuse items noted on the site included pallets, batteries, plastic 5-gallon buckets, cardboard boxes, and birdcages. A notice of noncompliance was sent to Mr. Oberg on November 12, 2002 concerning the refuse storage violation. • Condition I of approval also states that "...items shall be placed in the storage area by November 31, 2002." An inspection of the site was conducted on December 2, 2002 and it was discovered the transfer of items into the storage area had not occurred. Vehicles, semi-trailers, scrap metal, pallets, excavation equipment, plastic buckets, brush, tires, birdcages, and barrels were stored in numerous locations throughout the property. A notice of noncompliance was sent to Mr. Oberg on December 3, 2002. • Condition A of approval states that "The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard." ATTACHMENTS (1) Minutes from the October 1, 2002 City Council meeting on page 76 9 Eagan City Council Meeting Minutes October 1, 2002 Page 5 4. The pylon sign shall be set back at least 10 feet from all property lines, and shall not exceed 27 feet in height or 125 square feet in sign face area. INTERIM USE PERMIT - JAMES OBERG City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow outdoor storage on property located south of Red Pine Lane between Highway 3 and Biscayne Avenue. Senior Planner Ridley gave a staff report. Councilmembers and the applicant, James Oberg, discussed the material to be used on the driveway and storage area and the proposed length of the interim use permit. Mayor Awada stated she was not in favor of the permit being approved for two years. Other Councilmembers commented on the advantages of having the area cleaned up and the transitional nature of the storage. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outdoor storage on property located south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE of Section 26 subject to the following conditions: Aye: 4 Nay: 1 Mayor Awada opposed. 1. The permit shall terminate upon the earlier of development of the property or October 1, 2004. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 2. The applicant shall apply for and obtain a grading permit for the proposed site preparation work prior to commencement of any grading activity. 3. All site grading improvements shall be constructed outside the existing drainage easements on the site and should not interfere with existing drainage patterns on the site or within Gun Club Road right-of- way. 4. A minimum 30-foot undisturbed buffer shall be maintained from the delineated edge of the wetland. Erosion control shall be established and maintained in compliance with the recently adopted erosion control ordinance. 5. The proposed storage shall be located so that it does not encroach into any wooded areas, and no significant trees shall be removed to accommodate the proposed outdoor storage The wooded areas shall be accurately identified on the plans for grading permit and protected from grading activities in accordance with the required protection measures in the City Code. 6. The existing driveway shall be graded and resurfaced along with the storage area. 7. This Interim Use Permit pertains only to the vehicles, trailers, and construction equipment, specifically, four trailers, four pieces of equipment and 40 pallets for parts. 8. All vehicles stored on the property must be currently licensed and operable, and all equipment must be in good repair. 9. All refuse items shall be removed from the property and disposed of properly by October 31, 2002 and the remaining items shall be placed in a storage area by November 31, 2002. PLANNED DEVELOPMENT AMENDMENT A.B. SYSTEMS, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9" Addition from a liquor store to a 15,000 square foot two story corporate office building, located south of Super America and east of Royal Cliff on Slater Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9"' Addition from a liquor store to a 15,000 square foot two story corporate office building, located south of Super America and east of Royal Cliff on Slater Road in the NW '/a of Section 31 subject to the following conditions. Aye: 5 Nay: 0 9~ AGENDA MEMO December 17, 2002 CONSENT AGENDA J_-T- -2F. PREMISE PERMIT RENEWAL - MENDOTA HEIGHTS ATHLETIC ASSOCIATION ACTION TO BE CONSIDERED: Approve Premise Permit Renewal for Mendota Heights Athletic Association to conduct pull-tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda Restaurant, 3665 Sibley Memorial Highway. FACTS: • Staff has reviewed the applications for renewal and deem them in order for approval. ATTACHMENTS: • Attached without page number is the renewal applications Agenda Information Memo December 17, 2002 JJ. CONTRACT 01-12A, JULY 2000 STORM MITIGATION LANDSCAPING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 01-12A (July 2000 Storm Mitigation - Landscaping Improvements) in the amount of $1,821.50 to North Country Landscape and Design and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 01-12A provided for the landscaping improvements associated with some of the storm sewer improvements completed as part of the July 2000 Super Storm, including Peridot Path Park Pond/Cedar Grove (Area #2 - Project 815) and Viburnum Trail (Area #3 - Project 817), as outlined and discussed in the Preliminary Design Report (April 2001). • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. I Agenda Information Memo December 17, 2002 Eagan City Council KK. EXTENSION FOR RECORDING FINAL PLAT (CEDAR VILLAS) - SHELTER CORP. ACTION TO BE CONSIDERED: To approve an extension of time to record the final plat for Cedar Villas, located west of Nicols Road and north of Erin Drive in the SW'/o of Section 30. FACTS: • The City Council initially approved the Final Subdivision on October 15, 2002. The plat is required to be recorded within 60 days of approval, which would be December 16, 2002. • The applicant is requesting an extension to allow an additional 60 days to record the final plat. A letter from the applicant is attached. ATTACHMENTS (1): Letter from Jay Jensen at Shelter Corp., page /0/ Corporatr Office Sol Antigun Office Shelter Corporation ')U().sc'ond Axcllur S,nnh I11,11 Hctler'u uli I)[INC \uilr sWI S.ul lnhnu,. "T\'~`,S I'I :11--slHl F;, `In lKl-,) I) December 12, 2002 Marilyn Wucherpfennig City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Subject: Submittal & Final PD - Cedar Villas townhomes Dear Marilyn, Per your letter of November 20tl', we are enclosing a check for $75 to extend the time for the Subdivision & Final PD for Cedar Villas. We continue to work on the items on your list but we need to coordinate the timing of these items with our financing. Therefore, we need an extension. I apologize that we submitted this today instead of yesterday but I was out of town for several days and missed the deadline. Please call me at 612-341-7810 with any questions. I will keep you posted as we progress on this project. Thank you for your cooperation. Sincerely, Cal Jay Jensen Senior Vice President I Agenda Information Memo December 17, 2002 Eagan City Council Meeting PUBLIC HEARINGS A. PROPOSED 2003 PROPERTY TAX LEVY ACTION TO BE CONSIDERED: Approve the proposed 2003 property tax levy as follows: General Revenue: General Fund $ 16,514,300 Equipment Revolving Fd 800,000 Major Street Fd 1,102,500 Gen Facilities R&R Fd 110,250 Subtotal General Revenue 18,527,050 Debt service: Community Center bonds 1,038,800 Total City-wide Levy $ 19,565,850 Cedarvale Special Services Dist. 2,000 FACTS: • The City held a Truth-in-Taxation public hearing on December 2 to consider the 2003 General Fund budget and the payable 2003 property tax levy. • The State requires that the levy be formally adopted at a subsequent hearing. • The final levy must be certified to the County by December 30. • No changes have been made to the general City levy as presented at the December 2 meeting. • Staff recommends the Cedarvale Special Services District levy be reduced from $3,000 (preliminary levy amount) to $2,000 to utilize a portion of the fund balance that has accumulated in that Special Revenue fund. ATTACHMENTS: • Enclosed on page is a copy of the resolution adopting the final levy. le9,3 RESOLUTION CITY OF EAGAN LEVY OF 2003 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 17, 2002, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember , and seconded by Councilmember NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2003 as follows: Revenues: General Fund $ 16,514,300 Equipment Revolving Fund 800,000 Major Street Fund 1,102,500 General Facilities Renewal & Replacement 110,250 Subtotal Revenues 18,527,050 Debt: Community Center/Central Park bonds 1,038,800 Total City-Wide Levy 19.565.850 Cedarvale Special Services District Levy $ 2,000 Dated: December 17, 2002 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION 1, Maria Karels, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of December, 2002. Maria Karels, City Clerk i Agenda Information Memo December 17, 2002 Eagan City Council Meeting B. PROPOSED 2003 GENERAL FUND BUDGET ACTION TO BE CONSIDERED: Approve the proposed 2003 General Fund budget. FACTS: • The City held a Truth-in-Taxation public hearing on December 2 to consider the 2003 General Fund budget and the payable 2003 property tax levy. • The State requires the budget be adopted subsequent to the 2003 levy. • No changes have been made to the budget as presented at the December 2 meeting. The total General Fund budget is $21,778,700. ATTACHMENTS: • Enclosed on pages A through are copies of comparative summaries of revenues and expenditures for the General Fund. /45" 2003 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 2000 2001 2002 2003 Actual Actual Budget Budget General Property Taxes $ 12,274,640 $ 13,183,822 $ 15,979,300 $ 16,514,300 Licenses 161,473 176,114 165,100 169,500 Permits 1,117,870 1,208,713 670,800 889,100 Intergovernmental Revenues 3,509,875 2,624,265 633,800 575,100 Charges for Services 931,967 1,204,040 860,700 971,800 Recreation Charges 457,089 402,146 438,200 571,200 Fines & Forfeits 225,144 299,870 214,000 262,500 Other Revenues 788,318 807,785 484,300 403,600 Program Revenues 733,757 1,020,302 914,600 911,900 Transfers 121,736 341,868 434,900 509,700 TOTAL GENERAL FUND $ 20,321,869 $ 21,268,925 $ 20,795,700 $ 21,778,700 15 /06 i 2003 Comparative Sum of Exp 12/12/2002 December 2 Version 2003 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 2000 2001 2002 2003 Actual Actual Budget Budget GENL GOVERNMENT 01 Mayor & Council $ 103,883 $ 116,437 $ 104,800 $ 103,300 02 Administration 644,804 742,054 681,500 723,400 03 Information Technologies 655,991 692,350 976,400 890,800 04 City Clerk with Finance with Finance 232,100 198,800 05 Finance 884,594 850,712 771,800 802,200 06 Legal 341,104 338,720 374,200 427,000 07 Comm Dev/Planning 1,228,020 674,123 592,200 589,200 08 Inspections with Planning 662,290 795,800 826,900 09 Communications 181,917 234,424 367,400 444,800 Gen Govt Total 4,040,313 4,311,110 4,896,200 5,006,400 PUBLIC SAFETY 11 Police 6,867,632 7,417,816 7,666,700 8,001,600 12 Fire 950,343 991,196 1,155,600 1,188,300 Public Safety Total 7,817,975 8,409,012 8,822,300 9,189,900 PUBLIC WORKS 21 Public Works Engineering 1,234,292 1,433,021 1,204,400 1,226,050 22 Streets & Highways 2,159,678 1,345,072 1,435,600 1,479,700 24 Central Svices. Maint. 453,529 482,797 472,100 482,200 Public Works Total 3,847,499 3,260,890 3,112,100 3,187,950 PARKS & RECREATION 31 Parks & Recreation 2,535,033 2,746,586 2,867,400 3,099,400 32 Tree Conservation 246,435 292,056 282,300 327,100 Parks & Rec Total 2,781,468 3,038,642 3,149,700 3,426,500 GENL GOVT BLDG MAINT 33 Building Maintenance 552,762 555,899 564,500 559,200 Total Expenditures- General Fund 19,040,017 19,575,553 20,544,800 21,369,950 41 Contingency-undesignated 250,900 408,750 Total Expenditures + Contingency $ 20.795.700 $ 21.778.700 17 /o Agenda Information Memo December 17, 2002 Eagan City Council Meeting C. ISSUANCE OF $12,975,000 MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS-THOMAS LAKE APARTMENTS ACTION TO BE CONSIDERED: To adopt a resolution authorizing issuance of $12,975,000 tax-exempt revenue refunding bonds and $3,325,000 of taxable revenue bonds for the Thomas Lake Apartments under Minnesota Statutes, Chapter 462C. FACTS: • The City was contacted by representatives of the Thomas Lake Apartments about refunding revenue bonds currently outstanding under the City's name. The City bears no obligation in such conduit debt issues; the sole responsibility for repayment rests with the Thomas Lake Apartments ownership. • On November 19, the Council set the public hearing for December 17. The hearing has been properly noticed. • The issue represents a refinancing of $12,975,000 debt originally issued through the City in 1986. The complete financing package has a two-part structure: $12,975,000 of tax-exempt debt and $3,325,000 of taxable debt. The taxable debt is being retired first as it is at a higher interest rate. • Because there has been no principal paydown on the original amount issued sixteen years ago, the City engaged its fiscal advisor, Springsted, Inc. (at the expense of, and with the concurrence of, the Thomas Lake Apts. ownership) to review the transaction for propriety. • After studying the transaction, Springsted recommends the City proceed with issuance of the bonds provided that: a) The terms remain substantially as represented to Springsted b) The Thomas Lake ownership identifies for the City in writing what money will be made available to them through the refinancing that would otherwise not be received at this time, and c) Bond counsel provides separate written assurance that the transaction does not cause tax-exempt bonds to remain outstanding longer than necessary. • The City's bond counsel, Steve Rosholt, of Faegre & Benson has reviewed the required documents on behalf of the City and is comfortable with the transaction, subject to Springsted's recommendations. • The following will be present and available to answer questions at the hearing: o John Utley, Kennedy & Graven, bond counsel for the transaction o Mark Appelbaum, representing Piper Jaffray, the underwriter o Kathy Aho, Springsted, Inc. o Jon Segner, Dominium Management Services (Owner/borrower) o Karen Dubrosky, Dominium Management Services (Owner/borrower) ATTACHMENTS: • Enclosed on pages T~ V and _LB is a copy of Springsted's findings and recommendations on the transaction. • Enclosed on pages through is a copy of the resolution approving issuance of the bonds. /D~ 85 SEVENTH PLACE EAST, SUITE 100 SAINT PAUL, MN 55101-2887 651.223.3000 FAX: 651.223. 3002 f E-MAIL: ad%isors@springsted.com SPRINGSTED Advisors tc rke P,,6Iu Swor November 20, 2002 Mi. Thornas Pepper, Chief Financial Officer City of Eagan 3830 Pilot Know Road Eagan, Minnesota 55122 RE: Thomas Lake Place Apartments Refinancing Dear Mr. Pepper: The City of Eagan has been asked to approve the issuance of taxable and tax-exempt bonds to refund the tax-exempt bonds currently outstanding for the Thomas Lake Apartments and to fund certain other costs. The City has asked Springsted to review the transaction and comment on the advisability of City participation. The information concerning the project that follows has been supplied by U.S. Bancorp Piper Jaffray, the bond underwriter. No documents have been provided for the financing itself, and we have relied on related materials, verbal representations and documentation provided by U.S. Bancorp Piper Jaffray for transactions similar to the proposed bond issues. Background The Thomas Lake Place Apartments were first funded in 1986 with the issuance of the City's $12,975,000 Multifamily Housing Revenue Bond (Thomas Lake Place Apartments Project) Series 1986 (the "1986 Bonds"). The 1986 Bonds were special. limited obligations of the City having no recourse to City resources, but payable only from certain revenues of the project. The initial bonds had an interest rate of 10.75% during construction, 9.25% from construction until the remarketing date, and various components of "contingent interest" to be paid from net operating revenues and/or sale proceeds. In 1998, the First Supplement Resolution for the 1986 Bonds was adopted. This resolution was "...for the purpose of modifying certain interest rates on the Bonds, extending the Maturing Date of the Bonds, extending the first date on which the Owner of all the Bonds may elect mandatory redemption, extending the first date on which the Developer may elect optional redemption, and for such other matters as are hereinafter set forth." At that time, and to date, no principal has been retired on the 1986 Bonds. The property was constructed in the mid-1980's and consists of 216 units at an average rental rate projected at $1,009/unit for 2003. Units are offered to the general public for rent. The financing terms require that 20% of the units be held available to households at or below 80% of median income for the metropolitan statistical area. The City has indicated that the property has been managed in a way that has not caused a disproportionate burden on C ity services. CO"ORITE OFFICE: SAINT PAUL, MN • Visit our website at wvow.springsted.com IOWA • KANSAS - MINNESOTA • VIRGINIA • WASHINGTON, DC • WISCONSIN City of Eagan, MN November 20, 2002 Page 2 The Proposal The City has received a request to do a refinancing of the 1986 Bonds. The proposed issue would be tax-exempt, variable rate, and credit enhanced by Fannie Mae. Fannie Mae will insure a first mortgage for the project in the amount of $16,215,000. All bonds- will be 7-day variable rate bonds and carry either a "Aaa" or "AAA" bond rating. $3,240,000 of the bonds will be taxable and $12,975,000 will be tax-exempt. The use of the proceeds is detailed later in this letter. The proposed tax-exempt issue can not exceed the amount of outstanding tax-exempt bonds under federal law. Since the entire $12,975,000 originally issued remains outstanding, the tax-exempt portion of the proposed financing is limited to $12,975,000. Costs in addition to the $12,975,000 will be financed with taxable bonds. The refunding will need to satisfy the requirements of the original bond issue. That issue requires a prepayment penalty and satisfaction of all principal and interest requirements on the bonds. In addition to refunding the 1986 Bonds, the new financing will provide funds for upgrades to the property, capitalized interest, and certain costs of the transaction. The sources and uses for the proposed financing are as follows: SOURCES Tax-exempt Bond Proceeds $12,975,000 Taxable Bond Proceeds 3,240,000 Current Replacement Reserve 22.565 TOTAL $16,237,565 USES 1986 Bond Principal $12,975,000 Prepayment Penalty 110,493 Base Interest on 1986 Bonds 400,000 Interest on Contingent Interest 342,000 SUBTOTAL 1986 Bonds $13,827,493 Incentive Management Fee 340,000 Upgrades & Improvements 1,179,200 Interest Rate Cap (est.) 184,830 Capitalized Interest 87,643 Bond Costs 231,420 Real Estate Costs 386,979 TOTAL $16,237,565 Improvements to the property include exterior painting, roof replacement, purchase of washers and dryers and new outdoor grills, landscaping, purchase of model furniture and common area furniture, clubhouse upgrades, call system and other entry improvements, recovering elevator cabs, corridor carpet, ceramic tile entry ways and unit kitchen upgrades. City of Eagan, MN November 20, 2002 Page 3 Fannie Mae Credit underwriting for the project is being done by a delegated underwriter servicer ("DUS") of Fannie Mae. A DUS is an entity that has been approved to act on behalf of Fannie Mae to do credit underwriting for financings. If approval of the loan(s) is received, Fannie Mae will provide credit enhancement for the bonds that will result in their being rated either "Aaa" or "AAA", the highest bond ratings available. Acting as the DUS on this financing, PW Funding, Inc., Mineola, New York, is responsible for doing due diligence on the property and the financing projections. This review, the Fannie Mae credit enhancement, and the resulting high quality rating on the bonds should provide the City with comfort that the financing has been financially reviewed and is expected to be repaid in a timely feshion. U.S. Bancorp Piper Jaffray has represented that underwriting of the project is being done at an 80% loan-to-value ration. We have not ourselves worked with PW Funding, Inc. and have not undertaken any review of the firm, but will do so if the City so requests. Their web site indicates that they are a subsidiary of Charter Municipal Mortgage Acceptance Company and are one of the largest Fannie Mae DUS Lenders, doing business in 35 states. Principal Deferral The proposed financing results in further deferral of repayment of the principal on the tax exempt bonds, none of which has been repaid to date. It has been represented to us that the taxable bonds will be retired first, following which the balance in a "Principal Reserve Fund" will be funded to an amount of $2,595,000. Finally, the principal of the tax-exempt bonds will be retired. The bonds will have a single maturity date and money will be deposited according to a schedule that will provide for amortization of all the bonds over a thirty year period. It has been represented to us that the taxable bonds are expected to be redeemed in mid-2015. The Principal Reserve Requirement is expected to be fully funded by mid-2020 and the tax-exempt bonds would begin to be retired in mid-2020. The Principal Reserve Fund is limited in its use to funding of capital improvements (if approved by Fannie Mae) and/or retirement of principal on the bonds. General Comments & Recommendations Springsted has general concerns about the continued deferral of principal repayment on this project. Upon final maturity in 2032, the project will be approaching fifty years old. These concerns are somewhat allayed because i) no change in ownership is taking place and it does not appear that significant amounts of money are being released to the owner as a result of the financing, ii) the project has not been a problem project within the community, iii) the structure proposed will result in a highly rated financing which supports the expectation of full and timely payment of the bonds, iv) physical improvements to the property are being funded. Although the project has an affordability standard (20% of the units at 80% of median income), it is not an onerous one and financing approval must rely more on the preservation of reasonably priced and managed general rental units as opposed to an argument that lower income affordable housing is being preserved through the extension of the bond maturity. I City of Eagan, MN November 20, 2002 Page 4 We would recommend the City approve the financing provided that the terms and facts of the transaction remain substantially as represented to us by U.S. Bancorp Piper Jaffray and described above, that the owner identify for the City in writing what money will be made available to them through the financing that would not otherwise be received at this time, and that bond counsel provide separate written assurance to the City that the transaction does not cause tax-exempt bonds to remain outstanding longer than necessary. Sincerely, Kathleen A. Aho, CIPFA President sja 113 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA, AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THOMAS LAKE PLACE APARTMENTS PROJECT), SERIES 2002A-1, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,975,000, AND:ITS TAXABLE VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS (THOMAS LAKE PLACE APARTMENTS PROJECT), SERIES 2002A-2, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,325,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. WHEREAS, the City of Eagan, Minnesota (the "City"), is a municipal corporation and a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act'), the City is authorized to carry out the public purposes described therein and contemplated thereby in the financing of housing within its boundaries, by issuing revenue bonds to defray, in whole or in part, the development costs of a rental housing development, and by issuing bonds for the purpose of refunding any outstanding bonds issued by the City pursuant to the Act, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, following a public hearing for which notice was published in the Minneapolis Star and Tribune on June 14, 1986, and in the St. Paul Pioneer Press Dispatch on June 15, 1986, both newspapers of general circulation in the City, a resolution was adopted by the City Council of the City on July 1, 1986, that approved a housing program for the issuance of revenue bonds to finance a multifamily housing development pursuant to the Act (the "Program") and gave preliminary approval to the issuance of revenue bonds with respect to a multifamily housing development to be located on property bounded by the High Line Trail on the north, Thomas Lake Road on the west, Thomas Lake on the south, and Thomas Lake Park on the east in the City pursuant to the applicable requirements of the Act relating to the issuance of revenue bonds of the City to finance multifamily housing developments; and WHEREAS, by a resolution adopted by the City Council of the City on August 19, 1986, the City Council authorized the issuance of its Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project), Series 1986 (the "Series 1986 Bonds"), in the original aggregate principal amount of $12,975,000, and the application of the proceeds of the Series 1986 Bonds to the acquisition and construction of an approximately 219-unit residential rental housing development in the City; and WHEREAS, following the publication of a notice of public hearing on February 26, 1998, in the Dakota County Tribune, a newspaper of general circulation in the City, a public hearing was held by the City Council of the City on March 17, 1998, relating to the amendment of the principal payment schedules, interest rates, and other terms of the Series 1986 Bonds previously issued by the City to finance a 216-unit multifamily rental housing development located at 1500, 1510, 1520, 1530, and 1540 1 I Thomas Lake Pointe Road in the City (the "Project") owned by Thomas Lake Housing Associates, A Limited Partnership, a Minnesota limited partnership (the "Borrower"); and WHEREAS, by Resolution No. 98-49, adopted by the City Council of the Issuer on May 19, 1998, the Issuer authorized amendments to the Series 1986 Bonds and related bond documents; and WHEREAS, to provide for the redemption and prepayment of the outstanding Series 1986 Bonds, the payment of certain costs related to the issuance of the Series 2002 Bonds (as hereinafter defined), the payment of certain financing costs related to the issuance of the Series 2002 Bonds, and the financing and refinancing of certain additional capital improvements to the Project, the Borrower has proposed that the Issuer issue its: (i) Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Thomas Lake Place Apartments Project), Series 2002A-1 (the "Series 2002A-1 Bonds"), in the original aggregate principal amount of $12,975,000; and (ii) Taxable Variable Rate Demand Multifamily Housing Revenue Bonds (Thomas Lake Place Apartments Project), Series 2002A-2 (the "Series 2002A-2 Bonds"), in the original aggregate principal amount of $3,325,000 (the Series 2002A-1 Bonds and the Series 2002A-2 Bonds are hereinafter referred to collectively as the "Series 2002 Bonds" or the "Bonds"); and WHEREAS, the Series 2002 Bonds are proposed to be issued pursuant to the terms of a Trust Indenture, dated as of December 1, 2002 (the "Indenture"), between the Issuer and U.S. Bank National Association, as trustee (the "Trustee"); and WHEREAS the proceeds derived from the sale of the Series 2002 Bonds will be applied to fund a loan (the "Loan") to the Borrower pursuant to the terms of a Financing Agreement, dated as of December 1, 2002 (the "Financing Agreement") between the Issuer, the Borrower and the Trustee; the proceeds of the Series 2002A-1 Bonds will be used to refund the outstanding principal of the Series 1987 Bonds, and the proceeds of the Series 2002A-2 Bonds will be used to pay certain costs of issuance and certain financing costs related to the Series 2002 Bonds, and to finance and refinance certain additional capital improvements to the Project; and WHEREAS, the Series 2002 Bonds are proposed to be secured by a Direct Pay Irrevocable Transferable Credit Enhancement instrument, to be dated as of the date of issuance of the Series 2002 Bonds (the "Credit Facility"), to be issued by Fannie Mae, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. Sections 1716 et seq. ("Fannie Mae"), pursuant to the terms of a Reimbursement Agreement, to be dated as of December 1, 2002 (the "Reimbursement Agreement'), between Fannie Mae and the Borrower, and the obligations of the Borrower to reimburse Fannie Mae for any payments made by Fannie Mae under the Credit Facility are to be secured by the Reimbursement Agreement; and WHEREAS, the obligations of the Borrower under the Loan are to be evidenced by a Multifamily Note, to be dated as of December 1, 2002 (the "Mortgage Note"), executed by the Borrower in favor of the Issuer (and assigned by the Issuer to the Trustee pursuant to the Indenture for the benefit of the owners of the Series 2002 Bonds), and secured by a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement, to be dated as of December 1, 2002 (the "Mortgage"), executed by the Borrower in favor of the Issuer and Fannie Mae, and assigned by the Issuer to the Trustee and Fannie Mae, as their interests may appear, pursuant to the terms of an Assignment and Intercreditor Agreement, to be dated as of December 1, 2002 (the "Assignment'), among the Issuer, the Trustee, and Fannie Mae, and acknowledged, accepted and agreed to by the Borrower; and 2 /1s' WHEREAS, neither the Issuer nor the State of Minnesota nor any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged under the terms of the Indenture) shall be liable on the Bonds, and the Bonds shall not be a debt of the Issuer or the State of Minnesota or any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged under the terms of the Indenture), and in any event shall not give rise to a charge against the general credit or taxing power of the Issuer, Hennepin County (the "County"), the State of Minnesota, or any political subdivision thereof; ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA THAT: Section 1. The City acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock which is affordable to persons and families of low or moderate income and that accomplishing this is a public purpose. The City also hereby finds, determines, and declares that the Project has been designed to be affordable by persons and families of low and moderate incomes and that the Borrower has agreed to meet the occupancy limitations and adjusted gross income limitations set forth in Section 142(d) of the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations. Section 2. The Program is hereby amended to reflect the issuance of the Series 2002 Bonds to refund the Series 1986 Bonds and to finance additional costs of the Project, including additional capital improvements to the Project. The amended Program, in the form on file with the City is hereby approved. The City Council of the City further finds, determines, and declares that the purpose of the Program is to finance and refinance the Project. At the request of the Borrower, to accomplish the purposes of the Program, the City proposes to issue the Series 2002 Bonds and loan the proceeds derived from the sale of the Series 2002 Bonds to the Borrower in order to finance the redemption and prepayment of the Series 1986 Bonds, the payment of certain costs of issuance and certain financing costs related to the Series 2002 Bonds, and the financing and refinancing of certain additional capital improvements to the Project. Section 3. For the purpose of financing and refinancing the Project there is hereby authorized the issuance of the Series 2002 Bonds. The Series 2002 Bonds shall bear interest at such rates, shall be in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the Indenture. The City hereby authorizes the Series 2002A-1 Bonds to be issued as "tax-exempt bonds" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. Section 4. The Bonds shall be special obligations of the City payable solely from the revenues of the Project, in the manner provided in the Indenture. The Bonds do not constitute an indebtedness, liability, or general or moral obligation (except to the extent of the trust estate pledged under the Indenture) of the City, and the City has not pledged its faith and credit or any taxing power of the City, the County of Hennepin, the State of Minnesota, or any political subdivision thereof, to the payment of the Bonds. The City hereby authorizes and directs the Mayor of the City (the "Mayor") and the City Clerk of the City (the "City Clerk") to execute the Indenture and to deliver the Indenture to the Trustee and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee as set forth therein. The Mayor is hereby authorized to approve changes to the maturity schedules, optional and mandatory redemption 3 /f J I terns, mandatory sinking fund payment schedules, and other terms and provisions of the respective Bonds as set forth in the Indenture; provided that the maturity date for any Bond shall not be later than the latest date set forth in the respective form of the Indenture. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City on the date hereof, and are hereby approved, with such changes as shall be approved by the Mayor pursuant to this section, and with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 5. The Mayor and the City Clerk are hereby designated as the representatives of the City with respect to the issuance of the Bonds and the transactions related thereto and are hereby authorized and directed to accept and execute the Bond Purchase Agreement (the "Bond Purchase Agreement"), between U.S. Bancorp Piper Jaffray Inc. (the "Underwriter"), the City, and the Borrower. All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 6. The Mayor and the City Clerk are hereby authorized and directed to execute the Financing Agreement with the Borrower, and when executed and delivered as authorized herein, the Financing Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Financing Agreement shall be substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such forms and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 7. The Mayor and the City Clerk are hereby authorized and directed to accept and execute the Amended and Restated Regulatory Agreement, dated as of December 1, 2002 (the "Regulatory Agreement'), with the Borrower, the Trustee and, when executed and delivered as authorized herein, the Regulatory Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 8. The Mayor and the City Clerk are hereby authorized and directed to endorse the Note to the Trustee and Fannie Mae, as their interests may appear, to accept, execute, and deliver the Assignment and Uniform Commercial Code financing statements (with respect to the assignment of its interests in the Financing Agreement, the Note, the Mortgage, and the other Loan documents, other than the Reserved Rights (as defined in the Indenture), to the Trustee, for the benefit of the owners of the 4 / ` /t9 Series 2002 Bonds), and to execute and deliver all other instruments and documents necessary to accomplish the purposes for which the Bonds are to be issued and the Indenture, the Financing Agreement, the Regulatory Agreement, and the Bond Purchase Agreement are to be executed and delivered. Section 9. The City hereby consents to the preparation and distribution of an Official Statement with respect to the offer and sale of the Series 2002 Bonds (the "Official Statement") as requested by the Underwriter and the Borrower; provided that it is understood that the City has not been requested to participate in the preparation of or to review the Official Statement and has not done so. The City has made no independent investigation of the facts and statements set forth in the Official Statement; accordingly, the City assumes no responsibility with respect thereto including, without limitation, as to matters relating to the accuracy, fairness, completeness or sufficiency of the Official Statement, except any information specifically relating to the City under the heading "THE ISSUER" and "NO LITIGATION-The Issuer" in the Official Statement. Section 10. The Mayor, the City Clerk, and other officers of the City are authorized upon request to furnish certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. Such officers, employees, and agents of the City are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Underwriter, the Trustee, Fannie Mae, or other persons or entities in conjunction with the issuance of the Bonds and the expenditure of the proceeds of the Bonds. Without imposing any limitations on the scope of the preceding sentence, such officers and employees are specifically authorized to execute and deliver a certificate relating to federal tax matters including matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the Bonds, an order to the Trustee, a general certificate of the City, and an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. January, 2002). Section 11. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Indenture or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representatives, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City by the provisions of this resolution or of the respective Indenture or other documents referred to above shall be exercised or performed by the City, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Indenture or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the City in that person's individual capacity, and neither the members of the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 12. Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City, and the Trustee, as fiduciary for owners of the Bonds, any right, remedy, 5 I or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof; this resolution, the Indenture and all of their provisions being intended to be, and being for the sole and exclusive benefit of the City and the Trustee as fiduciary for owners of the Bonds issued under the provisions of this resolution and the Indenture, and the Borrower to the extent expressly provided in the Indenture. Section 13. In case any one or more of the provisions of this resolution, or of the documents mentioned herein, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. The terms and conditions set forth in the Indenture, the pledge of revenues derived from the Project referred to in the Indenture, the pledge of collateral derived from the Project referred to in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture, and the application of said revenues, pollateral, and other money are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other money, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the City are as binding as if contained in this resolution separate and apart from the Indenture. Section 14. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the Indenture and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Bonds, and precedent to the execution of the Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 15. The members of the City Council of the City, officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required by them by or in connection with this resolution and the Indenture and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the Indenture, and the other documents referred to above, and this resolution. Section 16. The Mayor and the City Clerk are hereby designated and authorized to take such administrative actions as are permitted or required in connection with the issuance of the Bonds and pursuant to the Indenture, the Financing Agreement, the Regulatory Agreement and the Bond Purchase Agreement. Section 17. The Mayor and the City Clerk of the City are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Indenture, the Financing Agreement, the Bond Purchase Agreement, the Regulatory Agreement or any other agreements, certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this resolution, or to evidence compliance with Section 103 and applicable provisions of Sections 141 - 150 of the Internal Revenue Code of 1986, as amended; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. 6 9 Section 18. If for any reason the Mayor of the City is unable to execute and deliver those documents referred to in this Resolution, any other member of the City Council of the City, or any officer of the City duly delegated to act on behalf of the Mayor, may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Clerk of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any member of the City Council, the Assistant City Clerk, or any officer of the City duly delegated to act on behalf of the City Clerk, with the same force and effect as if such documents were executed and delivered by the City Clerk. Section 19. This resolution shall be in full force and effect from and after its passage. (The remainder of this page is intentionally left blank.) 7 e) A PASSED AND APPROVED this December 17, 2002. THE CITY OF EAGAN, MINNESOTA Mayor ATTEST: City Clerk EA 110-019 (JU) 224330v.2 8 /02/ Agenda Information Memo December 17, 2002 Eagan City Council Meeting D. ISSUANCE OF $5.380.000 MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS-ASPENWOODS OF EAGAN APARTMENTS - (ITEM TO BE CONTINUED) ACTION TO BE CONSIDERED: To continue the public hearing on the issuance of $5,380,000 multi-family housing refunding revenue bonds to the January 7, 2003 meeting. FACTS: • On November 19, the City Council set the public hearing for December 17, and proper notice of the hearing was made. • On December 10, Aspenwoods' bond counsel requested we continue this item to the January 7 meeting as the study Springsted is conducting (similar to their work on the Thomas Lake Apartments transaction) will not be completed in time. ATTACHMENTS: • Enclosed on page 1102-2 is a copy of the letter requesting continuance. i Fredrikson December 10, 2002 VIA E-MAIL ONLY Mr. Tom Pepper Chief Financial Officer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 RE: Aspenwoods of Eagan Bond Refunding Dear Mr. Pepper: We are delivering to Kathy Aho tomorrow the materials she has requested in order to prepare her report for the City regarding the proposed refunding bonds for Aspenwoods of Eagan. Since we will be unable to have a report for the council in time for the public hearing scheduled for December 17, 2002, I respectfully request, on behalf of Eagan Apartments Associates Limited Liability Partnership, that the council continue the hearing to January 7, 2003. Thank you. Sincerely, Sherrill R. Oman Direct Dial: 612.492.7131 Email: soman@fredlaw.com Fredrikson & Byron, P.A. 4000 Pillsbury Center main 612.492.7000 200 South Sixth Street fax 612.492.7077 Minneapolis, Minnesota www.fredlaw.com 55402-1425 OFFICES Minneapolis, London AFFILIATES. Mexico City, Warsaw, Montreal. Toronto, Vancouver Agenda Information Memo December 17, 2002 Eagan City Council Meeting E. PROJECT 680, CLIFF ROAD STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Modify the Final Assessment Roll for Project 680 (Cliff Road - Street and Utility Improvements) by deleting the assessments for utility lateral extensions to parcel 10-03400-011-02 and authorize its certification to Dakota County for collection. FACTS: • Project 680 provided for the reconstruction and upgrade of County Road 32 (Cliff Road) from approximately 600 feet east of Pilot Knob Road to 700 ft. east of Lexington Avenue, as outlined and discussed in the feasibility report. • The Final Assessment Roll was presented to the City Council on November 19, 2002, with a public hearing scheduled for December 17 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are at least 8% less for each property, than the estimate contained in the feasibility report presented at the public hearing held on February 15, 2000. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. ISSUES: • After the preparation of the Final Assessment Roll, it was discovered that Parcel 10- 03400-011-02 (Duane Olson, 1250 Cliff Rd.) included assessments for a sewer and water lateral extensions (for potential future development). These costs should not have been included, but rather postponed till time of development. Therefore, the Council should modify the Roll as presented to reference this correction. ATTACHMENTS: • Final Assessment Report, pages/2~througV3S A; / I FINAL ASSFSSMF.NT NFARING PROJECT HEARING DATES NUMBER - Prnject 6RO ASSESSMENT - December 17,2M2 FAME - Cliff Road IMPROVEMENT- Fehnia y 15 2000 utility and Street Installation IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasibility Report FINAL F.R FINAL F.R BATE BATE I NITS BATE RATE IMIS SANTTARV STORM SFWF.R CMER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral D 8 inch Stub 51,595.46 12,430 Per Stub 8 inch Stub R 5 R 1 %12,92S PerStuh ❑ Lat. Benefit/trunk WATER 9TREF3: ❑ Trunk ❑ Gravel Base 0 Lateral Cliff Road 0 Public Facility 06101 16 103 35 LEZ 6 inch Stub 3.799.61 ~y1105 LStuh 0 Single Family $52.30 U? 30 Mz 8 inch Stub 54,220 02 53,282 LStub 0 Single Family - Restricted Access S15-59 $15.5R LF-Z 0 Lat. Benefit/trunk 528.40 %2$.40 LEE ❑ WAC ❑ OTHER STREET T.M.RTS Completion ❑ Installation ❑ Energy Charge C'ONTRAC'T NO-OF INTF.RF.ST AMOTINT C'TTV jam. PAR('F.l.S TERMS BATE ASSESSED FTNANC'FD Dakota County URRy745 F R $1,471,922 ER- 12-28 5 15 Years, 5.50% 000R,514 9R 0,1,620,54? COMMENTS: lad MEMO TO: MAYOR AND CITY COUNCIL FROM: GERALD R. WOBSCHALL, FINANCIAL CONSULTANT DATE: October 24, 2002 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 680 CLIFF ROAD STREETS AND UTILITIES The City Council at the conclusion of the public hearing on February 15, 2000 ordered Project 680. According to the feasibility report, the following improvements were to be constructed and/or assessed: sanitary sewer and water stubs, trunk water main approximately 950 feet east of Lexington Avenue, street improvements with associated drainage from 600 feet east of Pilot Knob Road to 700 feet east of Lexington Avenue. The lateral benefit from the trunk water main and the Cliff Road street assessment are proposed for assessment using the fee schedule assessment rates for the abutting properties zoning classification. This assessment report is prepared using the same methods of assessment as presented in the feasibility report except for the 6-inch water stubs. The 6-inch water stubs are proposed for assessment using a unit method of assessment. The construction of the improvement was accomplished under County Contract No. 32-28, which is complete. The assessment hearing is scheduled for December 17, 2002. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $1,078,729.73 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 $552,615.59 and easement costs totaling $297,711.83 were incurred resulting in an improvement and project cost of $1,929,057.15. 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 Sewer stubs $5,590.00 $2,863.67 $8,453.67 $15,255 Water stubs 13,118.50 6,720.39 19,838.89 17,280 Trunk water main 73,449.00 37,626.72 111,075.72 103,445 Storm sewer 228,147.72 116,876.34 345,024.06 368,262 Street with Storm sewer 719,035.67 666,062.04 1,385,097.71 1,411,875 Trailway 32,514.84 16,656.82 49,171.66 44,550 Traffic signal 6,874.00 3,521.44 10,395.44 Total $1,078,729.73 $850,327.42 $1,929,057.15 $1,960,667 2 /c-~6 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. Sanitary Sewer Stubs Two 8-inch diameter sanitary sewer stubs were constructed at a construction cost of $5,590.00. Other costs in the amount of $2,863.67 were allocated resulting in an improvement and assessable cost of 58,453.67. The feasibility report called for this improvement to be 100% assessed using the direct assignment method and the assignment follows. Description Quantity Unit Cost 10-56780-010-01 10-03400-011-02 Total Connect to sewer 1 ea $500.00 ea $500.00 $500.00 $1,000.00 8 in Sched 40 PVC 256 LF 15.00/L.F. 3,285.00 555.00 3,840.00 Connect to manhole 1 ea 750.00 ea 750.00 750.00 Construction Cost 4,535.00 1,055.00 5,590.00 Other Cost Rate 51.23% 2,323.21 540.46 2,863.67 Improvement and assessable cost $6,858.21 $1,595.46 $8,453.67 The assessment of the 8-inch sewer for parcel 10-03400-011-02 is recommended for deferral of assessment until connection. 2. Water Stubs a. 8-inch diameter Water Stubs The 8-inch diameter stubs were extended to serve for future development the Parkview Golf Course properties. The cost to construct the 8-inch stubs amounted to $5,581.00. Other costs in the amount of $2,859.05 were allocated which results in an improvement and assessable cost of $8,440.05 . The assessment rate was computed in the following manner: IMPROVEMENT COST IMPROVEMENT UNITS IMPROVMENT RATE $8,440.05 2 Stubs $4,220.02/Stub b. 6-inch diameter Water Stubs Three 6-inch diameter water stubs were constructed at a cost of $7,537.50. Other costs in the amount of $3,861.34 were allocated resulting in an improvement and assessable cost of $11,398.84. The assessment rate is calculated using the following: 3 C~ IMPROVEMENT COST IMPROVEMENT UNITS IMPROVMENT RATE $11,398.84 3 Stubs. 3,799.61/Stub The assessment of a 6-inch water stub to parcel number 10-03400-011-02 is recommended for deferral until connection. 3. Trunk Water Main Improvement An 18-inch DIP trunk water main with appurtenances was installed within Cliff' Road easterly from Lexington Avenue approximately 950 feet. Also included in the trunk water main costs are the costs associated with two 24 inch diameter casing pipes. The construction cost of this water main was $73,449.00. Other costs in the amount of $37,626.72 were allocated resulting in an improvement cost of $111,075.72. The improvement and assessment rates were determined in the following manner: Description Costs Improvement cost 111,075.72 Less casing cost (16,710.73) Assessable portion 94,364.99 Assessable units 2004 F.F. Assessment Rate $47.09/F.F. Public facility 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 the fee schedule rate of $28.40/F.F. because that is less than the computed improvement rate of $47.09/F.F. The portion of the costs not assessed, are financed by the City's Water Trunk Fund. 4. Storm Sewer Improvement The storm sewer improvements consist of storm sewer laterals, catch basins, manholes and appurtenances to provide street drainage for Cliff Road. The City share of the construction cost amounted to $228,147.72. Other costs that total $116,876.34 were allocated resulting in an improvement cost of $345,024.06. The storm sewer improvement will be assessed as part of the street improvement. Any portion of the improvement not assessed is proposed for financing by the City's Major Street Fund. 4 /4102 6 I 5. Street Improvements The street improvements consisted of the upgrade of Cliff Road to a 75 Foot to 95 Foot urban thorough-fare from 500 feet east of Pilot Knob easterly to approximately 700 feet east of Lexington Avenue. The City share of the construction is $719,035.67. Other costs in the amount of $368,350.21 were allocated and easement costs of $297,711.83 were incurred resulting in an improvement cost of $1,385,097.71. The assessment rates are computed using the following: a. Cliff Road-44 Foot Street Public Facility Equivalent Front Common Unit Foot Mensure -SU JUA t Mop. .Bate Subgrade Excavation - Depth in inches 30 2.175926 Cu Yd $ 3.88 $8.44 Granular Backfill - Depth in inches 24 1.740741 Cu Yd 5.50 9.57 Class 5 Aggregate Base - Depth in inches 9 0.652778 Cu Yd 10.51 6.86 Base Course Mixture - Depth in inches 2 0.248025 Ton 24.28 6.02 Binder Course Mixture - Depth in inches 2 0.248025 Ton 24.45 6.06 Wear Course Mixture - Depth in inches 1.5 0.187917Ton 25.50 4.79 Bituminous Mat'l for Tack Coat - Number of coats 2 0.159444 Gal 2.50 0.40 B418 or 618Concrete Curb and Gutter 1 1 Lin 6.55 6.55 Restoration - Width of Right-of-Way 80 0.000413 Ac 4,792.33 1.98 Subtotal $50.68 Other Construction 22.04 22.04 Stone Sewer Construction 19.40 19.40 Construction Cost $92.12 Other Cost Rate @51.23% 47.19 44 Foot Street Assessment Rate $139.91 5 /0? 9 In accordance with City policy, the fee schedule assessment rate of $103.35/F.F. for a 44 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. b. Cliff Road 32-Foot Equivalent Assessment Front Common Unit Foot Mpg ..Qty knit Mice .Bate Subgrade Excavation - Depth in inches 10 0.540123 Cu Yd $ 3.88 $2.10 Granular Backfill - Depth in inches 0 0 Cu Yd 5.50 - Class 5 Aggregate Base - Depth in inches 6 0.324074 Cu Yd 10.51 3.41 Base Course Mixture - Depth in inches 20.175432 Ton 24.28 4.26 Binder Course Mixture - Depth in inches 0 0 Ton 24.45 - Wear Course Mixture - Depth in inches 1 0.088611 Ton 25.50 2.26 Bituminous Mat'1 for Tack Coat - Number of coats 1 0.056389 Gal 2.50 0.14 B418 or 618Concrete Curb and Gutter 1 1 Lin 6.55 6.55 Restoration - Width of Right-of-Way 60 0.000321 Ac 4,792.33 1.54 Subtotal $20.25 Other Construction 22.04 22.04 Storm Sewer 22.08 22.08 Construction Cost $64.37 Other Cost Rate @51.23% 32.98 32 Foot Street Assessment Rate 97.35 In accordance with City policy, low-density residential property is assessed for a 32-Foot equivalent street. The fee schedule assessment rate of $62.30/F.F. will be used because that is lower than the assessment rate computed using the unit prices in the contract. In addition, low-density residential properties are given a 50% arterial street credit and a 50% credit if the property has restricted access. Therefore, the low-density residential property affected by this assessment will be assessed at $15.58/F.F. = ($62.30@ 50%)@ 50%. Lebanon Hills Regional is proposed for assessment using two assessment rates. One parcel is proposed for assessment using $15.581F.F. i.e. it does has restricted access, the other parcel is proposed for assessment using $31.15/F.F. because it does have unrestricted access to the parcel. The assessments are proposed in accordance with County Board Resolution Number 00-425. 6. Trails A 10-foot bituminous trail was constructed on the north and south sides of Cliff Road as part of this project. The City share of the cost to construct the bituminous trail was $32,514.84. Other costs that total $16,656.82 were allocated, resulting in an improvement cost of $49,171.66. This trail improvement is proposed for financing by the City's Major Street Fund. 6 /3 d 7. Traffic Signal Conduits were installed for a traffic signal at the intersection of Cliff Road and Lexington Avenue as a part of this improvement. The City of Eagan's share of construction cost was $6,874.00. Other costs totaling $3,521.44 were allocated resulting in an improvement cost of $10,395.44. The traffic signal improvement is proposed for financing by the City's Major Street Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE (RESPONSIBILITY) Sewer stubs $8,453.67 $6,858.21 $(1,595.46) Water stubs 19,838.89 16,162.72 (3,676.17) Trunk water main 111,075.72 16,330.85 (94,744.87) Storm sewer 345,024.06 (345,024.06) Street with Storm sewer 1,385,097.71 269,163.20 (1,115,934.51) Trailway 49,171.66 ($49,171.66) Traffic signal 10,395.44 (10,395.44) Total $1,929,057.15 $308,514.98 $(1,620,542.17) 7 131 The financing sources for this project are: Fund Amount Sanitary Sewer Trunk 1,595.46 Water Trunk Fund 98,421.04 Major Street Fund 1,520,525.67 TOTAL $1,620,542.17 A106'~ 4~e~' Gerald R. Wobschall Reviewed Review Public Works Department Finance artment / Z 3- 0 L21 - 1 ? ~L Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I 8 /3C2. I c C v p O 8 r"t N N N ~ (O Isf~~ N ~ ~J r' Ql r C O~ c? c~D a f tpNOp `NV ~ H tNG a ~ h ~ M N Nr. Y9 4 8 8 S s y y C2 pLO ctoD H rn u v kc) a 1+ r~i, to h In V N 8 Lr) y N N h H M M Q N ~ Q pQ~~~ -7 P C4 N Le) m a f0 O N tN0 M N (DD 04 N N M 000 C ' N N N N N N y e ~ pp i tD N M N N O N Oi O N Ln ~a{ k[i t(D{ ~h D It pMppp 9 O N A N IA *9 N M P- tD N N N N C14 64 ~ t p O N O p O p 8 p co .y. i OD, 8 C ao H W w w w Cl) , ch o co o N y v A O p p p O O N ~ y N N NNa N O C H H N N y i z e p$h a g C=R Q J LL C 0J O o~ c 0 8 z 3 a O O O _O = W A c v 5 y ~ V, y Q y w y w p p a m v r N IA 00 ~ N ~ 21 ~ ~ N N Q r a g Q a g g 0 r r r r r r r r ~m Cot /3J N i4D a, • ao %mmiNVO 0 n a ■ o J cu U, ■ °z f ■ N ~H T ~ lN ■ * LU LO LO a N Sr co Lf) r J c i cu al N 1 y _ J b9 69 tU in v V 7 04 3nb NOIJNIX31 Z d~ v) N z 61% co E 3: E J p /vii 0 .0 4) cn M ca Sy a N z a) 4- W CD LLJ C/) V N U) Z cl W Q a~ = Q-i W ~ ~ O yd w L 10 m 0 co co OD 02 CO CO OD (n fV11j CL/ U) U U) N m ■ LLJ ■ Q ■ 0 a IL J ti L . m PP F) a Q UJOO H LL as 3Jal8HaVd C LL O ~bQ J U m F " . N u gAv\ in r, ,o NP,rJm ~Q. : o T it ■ t1; cn in --4 Or' \o= ~ ; ~ J N N N N g to ~1 N w N T N ` l M W 0 a en N U i P~ T in N m ~Q Q PARIK Q O LL LL • 00~ m Lr) g U • ao ch Y/ y~ Lo V7 2 Lei o 1411 x W r• r- ch in 69, 60 60 Lf) o r q ; 0 ~1 ~A1 ' ~A1 N V V V m N V N N C y N • J C C E E @ L Q ' , § : [n W Z W N '7^ ~ V/m (n to U s 4 > LU / .r u) m : x w (n Cl) co co bo (n U Z w Q fu m cu • : ■ • CD • • Q ■ : x ♦C V) F- . • W U • cn W a bdW SBHO U : Q w Q ~ O L L U as s-niH AVMZIIV l LL. LL J U M IA Q ~J A`p~ 4:~ p u. 9 O t v'T LL Q ~~p U Is S .40 ~ s U ~ W CId08 80N)l 1011d o U c N Agenda Information Memo December 17, 2002 F. PROJECT 7518 DODD ROAD, CLIFF ROAD TO BUTWIN ROAD FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street, Utility and Trail Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 751R provided for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road (120th St), including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Red Pine Lane (formerly known as Carol Street) as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on November 19, 2002, with a public hearing being scheduled for December 17 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are at least 40% less than the estimate contained in the Feasibility Report presented at the Public Hearing held on February 5, 2002 due the limitations established by the City's appraisal of benefit and the postponement of utility related costs to time of connection or development. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held December 5 to address all property owners' questions or concerns. Of the 86 agricultural and residential parcels being assessed, 19 people representing 16 properties attended the meeting and, 7 objections have been received at the writing of this report. ISSUES: • Originally, the Final Assessment hearing was planned to be held during the summer of 2003 with the first payment due in May of 2004. However, with the appraisals limiting the assessable benefit along with the proposal to defer the utility related costs to the time of actual connection or development, the city no longer had to wait for the final contract close out costs to prepare the Final Assessment Roll. Because these assessments will not be able to be certified to the County in time for collection with the taxes payable in 2003, according to statute, interest will accrue on any unpaid balance from the date of the hearing through and including the entire year of the first installment payment in 2004 (i.e. 24 '/z months) as compared to what was originally anticipated (-17 months). Due to the appraisal limiting the assessments, any continuation would result in the City assuming the interim interest. Even with the additional interest obligation, the first installment should be significantly less than originally anticipated due to the assessment for the street improvements being limited by the appraisal and the postponement of the utility costs till time of connection. ATTACHMENTS: • Final Assessment Report, pages through,. • Minutes, Neighborhood Meeting, pages andL . • Objection Letters from Residents, pages through /~b FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER- 751R ASSESSMENT - December 17. 2002 NAME - Dodd Road IMPROVEMENT - February 5. 2002 Street and Utility Improvements IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER 0 Trunk -Unplatted $1,955.00 $1,955.00 /Acre 0 Trunk-Platted 945.00 945.00 /Lot 0 Lateral- 25.74 $53.34 /F_F. 0 Lateral-included in street costs 0 Service 4 inch $565.74 07.00 /Svc ❑ 0 Service 8 inch 297.26 S2,220.5 6 /Svc ❑ Lat. Benefit/trunk WATER STREET 0 Trunk-Unplatted $2,055.00 $2,055.0 0 /Acre ❑ Gravel Base Trunk Platted 985.00 985.00 /Lot 0 Lateral 34.39 40.59 /F_F. 0 Surfacing-Appraisal $8,000.00 /Lot Eaiv. Surfacing-Cost 171.411 156.34 /F_F. 0 Service 1 Inch 627.33 812.50 /Svc 0 Service 6 inch S2,182.57 $2,517.78 /Svc Multi. Equiv. ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $2.269.086 F.R. $487.914 F.R. 02-11 L6 15 Year 0°/u $814.942.70 $1.749.196.70 COMMENTS: (1) Natures Edge and the Manley Additions were incorrectly noticed of a street assessment at $157.20/FF. This assessment roll includes street assessment at $171.41/F.F. The developer has signed a waiver of objection to defects in the notice of the assessment and to amount of the assessment. Two street assessments are recommended for deletion from the roll. Parcels 10-03600-030-26, 1 too many lot equivalents were input, and 10-03600-050-27, parcel is too small for further development. 13~ - c F-7 - MEMO i ~ city of eagan MEMO TO: MAYOR AND CITY COUNCIL FROM: Gerald R. Wobschall DATE: November 27, 2002 SUBJECT: Final Assessment Roll Project No.751R Dodd Road-Cliff Rd to Butwin Rd Street And Utility Improvements The City Council, at the conclusion of the public hearing on February 5, 2002, ordered Project 751R. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are: sanitary sewer lateral, sanitary sewer trunk, water lateral, water trunk, sanitary sewer and water service pairs, storm sewer trunk, storm sewer lateral, and street improvements. According to the feasibility study, it was proposed to assess: sanitary sewer trunk, and water trunk using area and lot unit methods of assessment; the water, sanitary lateral and street and storm sewer improvements using linear methods of assessment; and sanitary sewer and water service pairs using a unit method of assessments. Construction of the improvements was accomplished under Contract No. 02-11. The construction is now substantially complete. The assessment hearing is scheduled for December 17, 2002. Appraisals were prepared and incorporated into the assessment roll. The appraisals were performed using a unit method of assessment, therefore, the assessment roll for streets is computed in the same manner. The following data was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the estimated final amount of $1,707,180.33 to be paid to the contractor for the construction of the following detailed improvements. Easement costs in the amount of $113,488.18 and other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $743,470.89 were incurred resulting in a total projected improvement and project cost of $2,564,139.40. The detail of these other costs is provided on Schedule I. The easement cost is allocated to the street improvement. The other costs are allocated to the improvements constructed in order to determine the cost of each improvement. 2 13Q' r EASEMENT CONSTRUCTION AND OTHER IMPROVEMENT FEASIBILIT IMPROVEMENT COST COSTS COST Y REPORT Sanitary Sewer Lateral $109,437.17 $47,659.49 $157,096.66 $296,000 4 In. Sanitary Sewer Svc 6,699.79 2,917.73 9,617.52 12,900 8 In. Sanitary Sewer Service 11,748.12 5,116.26 16,864.38 20,200 Water Lateral 59,157.47 25,762.87 84,920.34 101,000 I In. Water Services 8,303.19 3,616.01 11,919.20 17,600 6 In. Water Service 18,245.11 7,945.68 26,190.79 22,300 Storm Sewer Lateral 197,225.21 85,890.87 283,116.08 338,000 Storm Sewer Trunk 54,152.49 23,583.21 77,735.70 104,000 Street 1,080,660.73 584,112.19 1,664,772.92 1,585,000 Traffic Signal 32,186.39 14,017.06 46,203.45 106,000 Todd Avenue Removal 25,012.49 10,892.85 35,905.34 39,000 Bituminous Trail 40,418.70 17,602.05 58,020.75 58,000 Storm Utility 63,933.47 27,842.80 91,776.27 TOTAL $1,707,180.33 $856,959.07 $2,564,139.40 $2,700,000 II. ASSESSMENTS A. TRUNK ASSESSMENTS Trunk assessments for sanitary sewer and water were proposed in the feasibility report for this project. These assessments are proposed at the rates quoted in the hearing of February 5, 2002. Those rates are Sanitary Sewer Trunk at $1,955 per acre for non-platted properties and $945.00 per lot for platted properties, and Water Trunk at $2,055 per acre for non-platted properties and $985.00 per lot for platted properties. 3 43 B. UTILITY TRUNK AND LATERAL AND STREET IMPROVEMENTS 1. Sanitary Sewer Improvements Ia. Sanitary Sewer Lateral The sanitary sewer lateral improvement installed in Dodd Road and Red Pine Lane consists of 3,269 lin. feet. of 8-inch diameter sanitary sewer line, structures and appurtenances. The construction cost was $109,437.17. Other costs in the amount of $47,659.49 were allocated to the construction costs. This results in an improvement and assessable cost of $157,096.66 to the benefited properties. The feasibility report called for this improvement to be 100% assessed using a linear method. The assessment rate was computed in the following manner: IMPROVEMENT ASSESSABLE COST COST UNITS RATE $157,096.66 6,103 F.F. $25.74/F.F. The City proposes to assess using the assessment rate of $25.74/F.F. for those properties connected to the City's Utility system including the Manley Addition and the Natures Edge Addition. The other affected properties will be assessed in the future when they connect to the system at the then current connection charge (Fee Schedule). lb. 4-inch Sanitary Sewer Service 17 each 4-inch sanitary sewer services were constructed at a cost of $6,699.79. Other costs in the amount of $2,917.73 were allocated resulting in an improvement and assessable cost of $9,617.52. The feasibility report called for this improvement to be 100% assessed using a unit method. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $9,617.52 17 Services $565.74/Service The City proposes to assess using the assessment rate of $565.74/ Service for those properties connected to the City's Utility system. The other affected properties will be assessed in the future when they connect to the system at the then current connection charge (Fee Schedule). lc. 8-inch Sanitary Sewer 13 each 8-inch sanitary sewer services were constructed at a cost of $11,748.12. Other costs in the amount of $5,116.26 were allocated resulting in an improvement and assessable cost of $16,864.38. The feasibility report called for this improvement to be 100% assessed using a unit method. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $16,864.38 13 Services $1,297.26/Service The City proposes to assess using the assessment rate of $1,297.26 /Service for those properties connected to the City's Utility system including the Manley Addition and the Natures Edge Addition. The other affected properties will be assessed in the future when they connect to the system at the then current connection charge (Fee Schedule). 4 / ~V 2. Water Improvements 2a. Water Lateral An 8 inch water lateral was installed in Dodd Road from Waterview Cove south to the northern border of the Skyview Addition and east from Dodd Road in Red Pine Lane to Waterview Trail. 1,855 L.F. of water main was installed at a construction cost of $59,157.47. Other costs totaling $25,762.87 were allocated resulting in an improvement cost of $84,920.34. The resulting improvement cost is calculated in the following manner: IMPROVEMENT COST IMPROVEMENT UNITS IMPROVEMENT RATE $84,920.34 2,469 F.F. $34.39 /F.F. The City proposes to assess using the assessment rate of $34.39/F.F. for those properties connected to the City's Utility system including the Manley Addition and the Natures Edge Addition. The other affected properties will be assessed in the future when they connect to the system at the then current connection charge (Fee Schedule). 2b. 1-inch Water Service 19 each 1-inch water services were installed at a construction cost Of $8,303.19. Other costs in the amount of $3,616.01 were allocated resulting in an improvement and assessable cost of $11,919.20. The feasibility report called for this improvement to be 100% assessed using a unit method. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $11,919.20 19 Services $627.33/Service The City proposes to assess using the assessment rate of $627.33/ Service. for those properties connected to the City's Utility system. The other affected properties will be assessed in the future when they connect to the system. 2c. 6-inch water stub 12 each 6-inch water stubs were constructed to provide capacity when the adjacent parcels subdivide. It cost $18,245.11 to construct the stubs. Other costs totaling in the amount of $7,945.68 were allocated resulting in an improvement and assessable cost of $26,190.79. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $26,190.79 12 Services $2,182.57/Service The City proposes to assess using the assessment rate of $2,182.57 /Service. for those properties connected to the City's Utility system including the Manley Addition and the Natures Edge Addition. The other affected properties will be assessed in the future when they connect to the system at the then current connection charge (Fee Schedule). 5 3. Storm Sewer Improvements 3a. Storm Sewer Lateral The storm sewer lateral improvement is for the installation of 4,442 L. F. of RCP ranging in size from 30 inches to 12 inches, manhole structures and appurtenances at a construction cost of $197,225.21. Other costs in the amount of $85,890.87 resulting in an improvement and assessable cost of $283,116.08. The feasibility report called for this improvement to be 100% assessed as a component of the street improvement. 3b. Storm Sewer Trunk The storm sewer trunk improvement is for the outlet of Pond LP-28.1. The construction cost of the varied pipe sizes and appurtenances is computed at $54,152.49. Other costs in the amount of $23,583.21 were allocated to the construction costs resulting in an improvement cost of $77,735.70. The feasibility report called for this improvement to be financed by the City's Storm Sewer Trunk Fund. 4. Street Improvements 4a. Dodd Road and Red Pine Lane The improvement consists of the construction of Dodd Road and Red Pine Lane with 28-foot and 32-foot widths and 7-ton rating. The construction costs include curb and gutter with a paved asphalt surface. The construction cost of these improvements totals $1,080,660.73. Easement and other costs in the amount of $584,112.19 were allocated resulting in a street improvement cost of $1,664,772.92. The feasibility report called for this improvement to be combined with the storm sewer improvement cost of $283,116.08 and assessed using a linear method. The assessment rate was computed in the following manner: IMPROVEMENT COST Street cost $1,080,660.73 Storm sewer cost 197,225.21 Subtotal 1,277,885.94 Less Striping (5,412.34) Pavement message (1,552.50) Over-sizing (57,139.00) Residential Cost $1,213,782.11 Other costs @43.55% and easement costs 642,085.92 Improvement Cost $1,855,868.03 IMPROVEMENT ASSESSABLE COST COST UNITS RATE $1,855,868.03 10,827 F. F. $171.41/F. F. The City proposes to assess using the appraisal rate of $171.41 /F.F. to those properties which are part of the Manley and Nature Edge developments. 6 The appraiser for this project performed an appraisal for this improvement using a lot unit method of assessment. The assessment rate computed using the lot unit method is computed using the following: IMPROVEMENT ASSESSABLE COST APPRAISAL COST UNITS RATE RATE $1,855,868.03 82 Lot Units. $22,632.54/Lot Unit $8,000.00/Lot Unit This report is proposing to cap the assessment rate at $8,000.00 per Lot Unit, which is less than the calculated cost rate of $22,632.54 per Lot unit that it cost to construct the improvement. 4b. Traffic Signal The City incurred costs of $32,186.39 to revise the traffic signal at Red Pine Lane and Trunk Highway 3. Other costs in the amount $14,017.06 were allocated, which results in an improvement cost of $46,203.45. The traffic signal improvement is proposed for financing by the City's Major Street Fund. 4c Todd Avenue Removal at Trunk Highway 3 The City incurred costs of $25,012.49 to remove the access on to Trunk Highway 3 at Todd Avenue. Other costs in the amount of $10,892.85 were allocated which results in an improvement cost of $35,905.34. The Todd Avenue access was eliminated in accordance with the terns of an agreement with MNDOT. The terms called for the elimination of the access whenever the fourth leg of the Red Pine Lane TH-3 intersection was completed. This expenditure is proposed for financing by the City's Major Street Fund. 5. Bituminous Trail A bituminous trail constructed on the west side of Dodd Road at a construction cost of $40,418.70. Other costs in the amount of $17,602.05 were allocated resulting in an improvement cost of $58,020.75. The trail cost is proposed for financing by the City's Major Street Fund. 6. Storm Sewer Utility The Storm Sewer Utility improvement consists of the construction of a treatment basin for Pond LP-22 on the west side of Dodd Road within the confines of Lebanon Hills Regional Park. The cost of the construction was $63,933.47. Other costs in the amount of $27,842.80 were allocated to the construction costs. This results in an improvement cost of $91,776.27. The treatment basin improvement is proposed for financing by the Water Quality Division of the City's Public Utility Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. 7 11513 III. CITY REVENUES (RESPONSIBILITY) CITY IMPROVEMENT ASSESSMENT REVENUES IMPROVEMENT COST REVENUE (RESPONSIBILITIES) Sanitary Sewer Trunk -0- $1,890.00 $1,890.00 Sanitary Sewer Lateral $157,096.66 44,267.10 (112,829.56) 4-Inch. Sanitary Sewr Srvc 9,617.52 2,262.96 (7,354.56) 8-Inch Sanitary Sewr Srvc 16,864.38 2,594.52 (14,269.86) Water Trunk -0- 1,970.00 1,970.00 Water Lateral 84,920.34 6,277.60 (78,642.74) 1-Inch. Water Service 11,919.20 1,881.96 (10,037.24) 6-Inch Water Service 26,190.79 4,365.14 (21,825.65) Storm Sewer Lateral 283,116.08 (283,116.08) Stone Sewer Trunk 77,735.70 (77,735.70) Street 1,664,772.92 749,433.42 (915,339.50) Traffic Signal 46,203.45 (46,203.45) Todd Avenue Removal 35,905.34 (35,905.34) Bituminous Trail 58,020.75 (58,020.75) Storm Utility 91,776.27 (91,776.27) TOTAL $2,564,139.40 $814,942.70 ($1,749,196.70) / 8 I The following City Funds will provide noted financing of the City Responsibilities for the Project: FUND AMOUNT Sanitary Sewer Trunk $132,563.98 Water Trunk 108,535.63 Major Street Fund 1,338,585.12 Storm Sewer Trunk 77,735.70 Storm Utility 91,776.27 TOTAL 1,749,196.70 Gerald R. Wobschall Reviewed: Reviewed: 0. Public Works Department make Department Dated: (Z - l 2 - D - Dated cc: Thomas A. 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Water Lateral a@ $ 34.39/f.f. (2) (4) 0 4„ Sanitary Sewer Service @ $ 565.7 028-25 x 1 Water Service @ $ 627.33 030-25 * 8" Sanitary Sewer Service c@ $1,297.26 p • 6" Water Stub a@ $ 2,182.57 029-25 p ; oo, # Sanitary Sewer Trunk @ $ 945.00/Lot 027-25 • N Water Trunk @ $ 985.W/Lot 3 z • ° Street $ 171.41 /f.f. ' S SHELERUD DRIVE • : -M/Nwr Street U $ 78.60/f.f. 7 • 040- 6 ~OG~ g i ~5 8 (2) `R 10 • 020-04 1\ 1 14 13 12 11 • 2 15 ROSA COURT (5) 4/tf 3 OUTLOT A 1 • 050-25 O1 r, V 0 L 2 r, ~1 ! (OD" 13 14 ~ CITY OF EAGAN 6 12 030-26 OUTLOT G 5 9 (1) ' 4 U 2 1 (oo• 9 10 11 Q Ui 10 15 16 17 18 t9 g 8 7 6 OUTLOT A 3 4 td \ 2 1 8 I 5 2 7 6 7 8 9 10 11 / 27 26 3 a 16 I ( • (U3) 25 1 ~~9~h 17 15 trc ya 3 5 4 3 2 1 1 : 040-27 ti9~ 18 5 MCFADDENS TRAIL 19 ~ 22 21 20 3 2 1 4 (2) 031-27 POOL 030-28 r W (p) Z (t) a (Q 27 OJ 0 060-2 LAJ W 040-28 0 WI 0 1(1) 2 (1/3) 05 (2) I 3 ~j N 050-28 a(gryj~y ' 111 ,r,'r 0 Dodd Road Assessment Map Fig. 1 Project 751 R Dec. 5, 2002 City of Eagan vv~ ~ I tD ^p (1/3) are b ^ ~-Cove 8401 ono-sT (3) ~1: NX 11 : (1333) Red Pine nn 0 it n#iXC (2) (1) uU VV %P 0 t 1 1. (1 032-04 ~ 033-04 2 O Nauvoo Lane aunor e 2 OuTLDT C 3 2 02 (2) 4 (1) Q\ t 4 020-51 (3) 0 ZO .D op (2) ' /L D 2 3 032-03 051_03 030-51 (35) s oaw (1/2) 022-79 040151 D(. 00. 010-50 @78.60/ff. J DAK. CO. 010-54 LEGEND 2 (1) = Number of Lot Equivelents (1) for Street Assessments @ $ 8,000.00 (1) Sanitary Sewer Lateral @ $ 25.74/f.f. Water Lateral @ $ 34.39ff.f. 3 0 4" Sanitary Sewer Service @ $ 565.74 W x 1" Water Service @ $ 627.33 8" Sanitary Sewer Service c $ 1,297.26 > 0,3-55 • 6" Water Stub @ $ 2,182.57 ° 020-W # Sanitary Sewer Trunk @ $ 945.00/Lot a N Water Trunk @ $ 985.00/Lot Street @ $ 171.41 ff.f. N Street @ $ 78.60/f.f. - 0 Dodd Road Assessment Map Fig. 2 Project 751 R Dec. 5, 2002 City of Eagan I Q LEGEND a Cliff Road ■ ■ ■ ■ ■ Sanitary Sewer Lateral Water Lateral I I 028-25 0 4" Sanitary Sewer Service 030-25 x 1" Water Service * 8" Sanitary Sewer Service 029-25 • 6" Water Stub 027-25 4 3 2 # Sanitary Sewer Trunk N Water Trunk SHELERUD DRIVE • X 6 7 deg 00 (Olin) RE5 0 040-25 NPw G 8 10 : - ■ 1 ~ ■ 020-04 1\ 14 ■ 13 12 11 ■ 2 I 15 ROSA COURT 4 A , 3 N/ OUTLOT A 1 2 050-25 ~G NO I ■ X tro« 13 ■ 14 ■ 1 CITY OF EAGAN ■ 7~ 6 12 030-26 ■ OUTLOT G 5 4 7 ■ ~ 7 crow O U 10 11 W 15 16 17 18 19 10 9 8 7 OUTLOT A 1 3 9 m 2 A 6 8 MCFADDENS TRAIL I 1 I 5 2 7 6, 7 a 9 10 11 27 26 4 3 16 25 1 15 17 1 5 4 3 2 1 • 0 • X* N 16 ,3 is 6 ,P = 5 MCFADDENS TRAIL 040-27 18 19 3 2 1 1 0 X 22 21 20 4 j 031-27 1 POOL ■ 030-28 1 Z w d (Q 050 27 O Q ~ 060-2 W 040-28 iN 0 0 ' # w wl Q I O Q D: n3 I U ~O' 2 3 y 050-28 Wat N1 ' h 1 I 0 lmm .o / 0 Dodd Road Connection Charges Fig. 1 Project 751 R Dec. s, 2002 City of Eagan 050-2e Watervieyt, i m (C Co y c 1®n „o V mm~ 1' r~ pd> Mm) L - - O • ■ 1mm1 (m.1 • i ~ ~1 ~ N i~ (~j 11' 010-51 # X 1 • •01 nn N Red w Pine Lane ~O 1 # if 12N# N# N# x 1 •/y # 033-04 032-04 p N * • 2 -ya Nauvoo Ln. ; X0 00LOr e 0 ■ f NO ounOr C / • ii • .x# O /0Z # x . f. 3 • N * • • • Q • ~ t :ON ae-w 4 • O x # o• .f 2 020-51 # X N SOON : • x # t j: Q 2 3 • • p f : 032-03 3 051-0.3 030-51 • • f 5 # x • 022-79 N * : j. N x • • ~ 040 57 D K. CO. D10-50 CT 1 Q DAK. CO. 010-54 ac, 2 LEGEND Sanitary Sewer Lateral 3 Water Lateral O 4" Sanitary Sewer Service x 1 " Water Service * 8" Sanitary Sewer Service 013-55 • 6" Water Stub CAqr53 020-53 # Sanitary Sewer Trunk N N Water Trunk P Dodd Road Connection Charges Fig.2 Project 751 R Dec. 5, 2002 City of Eagan I CITY PROJECT NO 751R ASSESSMENT NEIGHBORHOOD MEETING DODD ROAD SOUTH THURSDAY, DECEMBER 5, 2002 6:30 P.M. COMMUNITY ROOM Attendance: Russ Matthys, City Engineer; Kevin Kimmes and Mike Warner, Bonestroo, Rosene, Anderlik and Associates; 19 persons representing 18 properties (see attached sign-in sheet) A. Welcome and Introduction City Engineer Matthys welcomed the property representatives, presented the agenda for the meeting and introduced Consultants Kimmes and Warner as the project inspectors. B. Presentation of Project Details Consultant Warner described what portions of the construction work were left to be completed. City Engineer Matthys explained the special assessment process. Noted there was a 30-day time frame in order to pay the assessment with no interest. After 30 days, the remaining balance goes to Dakota County and will become part of 2004 taxes. C. Questions/Comments 1. My property is proposed to be assessed for 2 buildable units for streets rather than 1. Should it be reduced? 4675 Dodd Road. Staff will review. (Staff review indicated that appraiser valued benefit at $8,000 for the street improvements. This would be equivalent to 1 buildable unit for comparison. 2. 4880 Dodd Road paid for sanitary sewer connection already. Now others will be assessed at connection rate - what rate were we charged? Should we get reimbursed? Staff will review. (Staff review indicated that connection charge was at 2002 Fee Schedule, just as others are proposed. No reimbursement required.) 3. Please send information to all properties that were provided sewer and water service stub outs on proposed connection fee. Staff sent out information December 11, 2002. 4. Why do we have to pay assessment now rather than after wear course is placed next summer? Why do we have to pay 24 months of interest? City Council directed staff to prepare assessment roll for consideration of approval by current council rather than new council. Staff believes Council felt it appropriate for this very significant project that was started by this Council to be finished by this Council. Timing of forwarding assessment roll to County just misses placement on 2003 taxes. URM102/MISC/Minutes - Dodd Road South FINAL ASSESSMENT NEIGHBORHOOD MEETING DODD RD S (CLIFF RD TO BUTWIN RD) PROJECT 751R THURSDAY, DECEMBER 5, 2002 - 6:30 P.M. NAME ADDRESS IL eulus c, L-e 2. &,k-.,A nvu L ~ 5-0 0OAS) ~ba 5. 6. -9 cr7"V 7. v f 1Z S✓Y1 r~ iU v c 8. SCE ,v /y F0 Q4 m F9 vq 0 Do a ew 10. 11. ' v V ~6 12. rnc.,,.L~ T Gr~,•~2a_ ~b 9 J 13zf6w P)u 14. Add 15. ~'T v ,~~A~t► is ra../7G 5l ~~oy~ / 16. 17. 18.73 c V,ti4~A IEZ ~r-1 e-ol ek ~ ~O IV a~ ~ct 19. r~~,L l 1/e J G Q 20. G: FORMS/SIGN-I N.Sheet RECEIVED DEC 12 2002 EAGAN ENGINEERING DEPARTMENT Date 2/12/02 Mayor and City Council City of Eagan, MN. I would first like to express my thanks to the Mayor, City Council and City Engineering staff. I have been impressed with you and your staff on handling and addressing the concerns of the residents as well as the neighborhood. Although we did not always reach an agreement on issues, your staff worked as a team to resolve a wide assortment of concerns and objections from the residents in a very positive and professional manner. However, I would like to object to the assessment amount on my property at 4764 Dodd RD. I ask that further consideration be made to reduce the amount being assessed. In my case the benefit was minimal. We received a new road surface and a curb and were assessed 8000.00 plus additional interest expense due to change in the date in which the assessments must be paid for. Our plan was to buy down the assessed amount during the next year and if needed finance the remainder of the assessments. Moving the date ahead by one year and being 2500.00 dollars higher than expected makes that difficult to achieve. Please consider reducing the assessment amount and finalizing the assessment cost, so the residents can budget the amount during the next year. In addition, please roll back the assessment date to the original date that was scheduled without incurring interest expense until 2004 as was planned. Thank you for your consideration on this matter. AeveH ton 4764 Dodd Rd. Eagan, MN. 55123 651-454-6098 f S~ Page I of 1 -7 St~ Russ Matthys From: THOMAS BLISSENBACH [TBLISSEI@FAIRVIEW.ORG] Sent: Tuesday, December 03, 2002 1:35 PM To: RMatthys@ci.eagan.mn.us Subject: Special Assesment Payment Russ, Thank you for answering my questions regarding the Dodd Road Special Assesment (Project 751 R). While I understand the current City Council should be the one that approves these special assesments, the "normal timeline" for this process has been moved up a good six months in order to meet the Council's schedule. While I am sure not intended, this places a finacial burden on the affected neighbors six months earlier then we would have normally expected and anticipated. I have (and I assume our neighbors have) been making financial consideration anticipating a June or July (2003) Council meeting approval as previously discussed. This being the case I respectfully request the council to consider extending the interest free period to June 13th, 2003 in order to be fair. Russ, please pass my request and concern on to the City Council members and anyone else you feel should be aware. Thanks again for your help! Tom Blissenbach 4795 Dodd Road 12/3/2002 15.6 ~ a RECEIVED Weierke Company DEC U 9 2002 660 Cliff Rd Eagan, MN 55123 EAGAN December 8, 2002 ENGINEERING DEPARTMENT To: City of Eagan, Weierke Company owns the property at the corner of Cliff Road and Dodd Road has been assessed $32,000 for sewer and road improvements to Dodd Road. We would like the assessments to be reduced to $16,000. The reason being the 4 single home proposals by the City of Eagan is not practical for the property. A 2 single home proposal along Dodd Road is more in line with the development of the land. See Page 1 for City of Eagan's Proposal. The calculations for the assessment assumed that 4 single home dwellings would be built along Dodd Road. The problem with this proposal is that: ❑ Two of the lots would never be able to connect to city water and sewer. ❑ It also implies each of the 4 units would need driveway access on to Dodd Road. ❑ Lot 1 would also required to get an extra easement from the City of Eagan to allow for a driveway near the intersection Dodd Road and Cliff Road and crossing City owned property. See Page 2 for Property Developer's Proposal. If the Weierke Company property was sold it would probably be developed more like the picture on page 2. The proposal on page 2 has been presented to the City of Eagan several times. This proposal provides water, sewer and better driveway access to the individual lot dwellings. The page 2 lot proposal allows for: o Easy city water and sewer hook up. o Lot 1 would not require any special easement on to Dodd Road. The driveway that is needed would be created to attach to the new street into the housing development. o The Lots on Page 2 do meet the City of Eagan's guidelines of 12,000 square feet pre unit. o Currently the property is a single unit not a residential subdivision. The assessment by the City of Eagan is treating our single property as a subdivided property. o If the property is sold, most likely the developer will come to the City of Eagan with the plot plan shown on page 2. Weierke Company is requesting that the assessments be recalculated in light of the above information. The calculation should be based on a maximum 2 residential units along Dodd Road. Therefore the assessments need to be reduced to $16,000 to reflect reality. Signed by, - rjel~17 C; Rog Weierke Stuart Weierke President of Weierke Company Vice President of Weierke Company SITE MAP PROPERTY 10 NUMBER: f0-03600-030.25 2002 ESTIMATED MARKET VALUES (PAYABLE 2003) 2002 BUILDING INFORMATION (PAYABLE 2003). FEE OWNER: WEIERKE TRENCHING& EXCAV CO LAND: 50,000 LOT SIZE TYPE SERVC GAR COMMON NAME. WEIERKE TRENCH d EXCAV CO BUILDING: 76.300 YEAR BUILT 1970 • 660 CLIFF RD TOTAL: 126,300 738499 TOTAL SO FT ARCH/STYLE SAINT PAUL MN 55123-2008 3 18 TOTAL ACRES FOUNDATION SO FTNOT APPL SCHOOL DISTRICT. 196 tTR/Ug SO FT FINISHED SO FT 4000 PROPERTY ADDRESS 660 CLIFF RD BEDROOMS 0 EAGAN MN 55122 LOCATION. NEt/4 NWt/4 SECTION 36-027-23 BATHS 1 FRAME C-CONCRETE PAYABLE 2002 TAXES PAYABLE 2003 HOMESTEAD STATUS: NON HOMESTEAD GARAGE SO FT 0 OTHER GARAGE NET TAX: 3.364.82 WATERSHED DISTRICT: GUN CLUB MISC BLDG MISC BLDG SPECIAL ASSESSMENTS: 2.13412 TOTAL TAX b SA: 5.518.94 UST QUALIFIED SALE: DATE: AMOUNT: PAYABLE 2003 ASMNT USAGE: COMMERCIAL-PREFERRED -moo in o- r ! 100 ~ j22_68---~ I I ~ M C 1d QI I ~~d CV CV oy CNI ~4 5_ 8. fiD -128 L_8.7.__-i147 0 - CLIFF . T 299 201 Ce r, err c~ Nit % S~ % AErk ~R S ~c75 / i 4OT r►OA A ~'.1 C S.s a Ell: j4c i r8r~ /LO _ _ 217 If pia l- c% 3 ~f c S w~ /L~~ t' T'rR C 4.,v Trx ~ i 7-1 S.F /t k evlyf.D J3F r+7TE~' 96 105-~~93__ 1AR T- Y 4--55 _105 36 105 rte N ~v 2-35_3-4_-_-98__-64__ 32- -96 \ NOTE: Dimensions rounded to nearest foot. PLAT NAME. SECTION 36 TWN 27 RANGE 23 N TAX DESCRIPTION: PT OF N 112 OF NW 1/4 COM 401.26 FT W OF NE CDR S Copyright 2002, Dakota County - 467.31 FT W 173.75 FT TO This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. CEN DODD RD R 65D 38M ON This drawing is a compilation of records, information and data located in various city, county, and CEN RD 521.65 FT TO N LINE slats offices and other sources, affecting the area shown, and is to be used for reference purposes SEC E 404.58 FT TO BEG only. Dakota County is not responsible for any inaccuracies heroin contained. If discrepancies are 003000 362723 found, please contact Dakota County Survey and Land Information Department. Map Dats: September 9, 2002 Parcels Updated: 915/02 Aerial Photography: 1996 /5 P14CF 67 SITE MAP PRCJ.'ERTY ID NUMBER: 10-03600-030-25 2002 ESTIMATED MARKET VALUES (PAYABLE 2003) 2002 BUILDING INFORMATION (PAYABLE 2003): FEE OWNERS WEIERKE TRENCHING& EXCAV CO LAND 50,000 LOT SIZE TYPE SERVC GAR COMMON NAME. WEIERKE TRENCH 3 EXCAV CO BUILDING: 76,300 YEAR BUILT 1970 660 CLIFF RD TOTAL. 126,300 3&,699 TOTAL SQ. FT ARCH/STYLE SAINT PAUL MN 55123-2008 3.18 TOTAL ACRES FOUNDATION 50 FTNOT APPL SCHOOL DISTRICT: 196 6BittlAiTRJW SO FT FINISHED SO FT 4000 PROPERTY ADDRESS: 660 CLIFF RD BEDROOMS 0 EAGAN MN 55122 LOCATION. NE114 NWI/4 SECTION 36-027-23 BATHS 1 FRAME C-CONCRETE PAYABLE 2002 TAXES PAYABLE 2003 HOMESTEAD STATUS NON HOMESTEAD GARAGE SO FT 0 OTHER GARAGE NET TAX: 3,384.82 WATERSHED DISTRICT: GUN CLUB MISC BLDG MISC BLDG SPECIAL ASSESSMENTS: 2.13412 TOTAL TAX IL SA: 5,518.94 LAST QUALIFIED SALE. DATE: AMOUNT: PAYABLE 2003 ASMNT USAGE.COMMERCIAL-PREFERRED % - aQl24.L~ y ~Liso so _ ~-50_0.5.0_ T--- 22_68___-~ r I I i I m' °a~ ' \ N ry ry q q' oar, / I ! 1fiQJ 68 6___~ 47 - /R .SF LL CiCR~~1w~ yOVI? E-O 4 CLIFF _ ~r a. t Cl ` I r J 296 AD, 20 ~o T5 sAo vL, f 4 04 15 IOF "'q- 217 a~~s a o ~ . 105 B _ 201 1 ~,~,o S73S_ 34,---9B------64 _31. , 96 NOTE: Dimensions rounded to nearest loot. PLAT NAME: SECTION 36 TWN 27 RANGE 23 N TAX DESCRIPTION: PT OF N 1/2 OF NW 114 COM Copyright 2002, Dakota County - 401.26 FT W OF NE COR S i 467.31 FT W 173.75 FT TO This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. CEN DODD RD R 65D 38M ON This drawing is a compilation of records, information and data located in various city, county, and CEN RD 521.65 FT TO N LINE state offices and other sources, affecting the area shown, and is to be used for reference purposes SEC E 404.58 FT TO BEG only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are 003000 362723 found, please contact Dakota County Survey and Land Information Department. Map Date September 9, 2002 Parcels Updated 9/5102 Aerial Photography, 1996 / t~9 R(Ivo vie, e-w~a 'l ra/q/a.; December 9, 2002 74C City Council Members 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Pat Awada and Council Members Paul Bakken, Cyndee Fields, Meg Tilley and Peggy Carlson: We live at 704 Nauvoo Lane just 6/10 mile South of Cliff Rd and off of Dodd Rd. Due to new development in this area, both Dodd and Nauvoo were torn up for most of the past 8 months. (Project No. 751R). We, as well as the other residents on Dodd Rd., had been under the assumption from meetings with City Engineer Russ Matthys, that our assessment invoice would be sent with the first payment due sometime next year, most likely in August. Our street, Nauvoo Lane, was torn up 8 times (and promises continuously broken for when Nauvoo would be returned to the blacktop we had installed!) Just prior to Thanksgiving we finally got our blacktop, 4 days after the last projected date! The very next week we received a statement from the City of Eagan with the Street Assessment calculated at $16,000,.00. The accompanying letter indicated that in order to avoid 5.5% interest, payment in full would be due next month (Jan., 2003!). If payment were late - even one day late, we would be charged $1760.00 interest - nearly two years interest. If we wanted any more information we were advised to show up at City Hall the next week - Dec. 5th We and all our neighbors on Dodd Rd., were very surprised to receive this notice now! First of all, it is the busiest time of the year. We had plans on Dec. 5th, but we made phone calls to 10 people to cancel an evening planned at our home. Most of our neighbors also had to cancel previous commitments. The project will not even be completed until next year. We have been extremely inconvenienced for 8 months, with our mailbox moved causing us to go anywhere from '/z mile to 2 miles to get our mail or not having it delivered at all. We have had to drive through dirt and mud that were tracked into our garage and home for that whole time. Several of our huge beautiful evergreen trees have been damaged by big equipment. The Nauvoo Lane street sign is still not up and will not be for several months. Now, after dealing with this mess for 8 long disruptive months, we are expected to come up with $16,000 during the Holidays, eight full months before we were told this assessment would be due. If we don't come up with these funds now we will be penalized even more with not 5.5% but the equivalent of 11 % immediate interest? Would you please reconsider this due date for the good citizens on Dodd Rd. and go back to the originally proposed date of invoice - August 2003? We thank you for your consideration of this request and any compassion you may have in honoring it. It is the very busiest time of year and with such short notice, we trust that our absence at your next council meeting will not diminish the importance of our plea. Sincerely, Larry and Karen Berhow 704 Nauvoo Lane Eagan, MN 55123 1101 ~0~ J December 11, 2002 We would like the City Council to know that we feel it's unfair that the assessments we are charged on the: South Dodd Road Project have to be paid by Jan. 16, 2003 to avoid interest. We were told that in August of 2003 there would be a meeting for the assessments, and by then the final overlay on the road would be done. That is really when the job would be considered complete and assessments should be done. We received a statement showing the breakdown of the charges just shortly before our Informational Meeting at City Hall on December 5th. We were told this statement wasn't accurate either and we would receive another one. We haven't received it as yet. Consideration should be given to us for the short period of time you give us to pay without interest. Ron Armstrong & e, Kathe Armstrong 4800 Dodd Road Eagan, Mn. 55123 651-454-6224 RECEIVED DEC 11 2002 EAGAN ENGINEERING DEPARTMENT 6/ 12/12/02 TO: Eagan City Council Members, SUBJECT: Street Improvement Project 751R Cliff Road to 120`h Street (Butwin Road) Street & Utility Improvements Final Assessment. Public Hearing scheduled - Tuesday, December 17`h. We are very upset the Assessment fees, for this project, will be due by January 16`h. This is extremely short notice. Through out this project we have been informed the Final Assessment Hearing would not happen until Summer of 2003. As of today the City of Eagan website for project 751R still states the Final Assessment Hearing will be the Summer 2003: http: ~x ~\',.,,.ci.casan.mn.us~public,,,,'orl:s EnUSvcs/Pro,i751 'Proj751.hUii Our assessment of $16,000 is enough of a financial hardship, and now the due date has moved up by over 6 months. This means we will incur an additional two years of interest amounting to $1,760 if not paid by the January 16`h due date. We will be attending the Public Hearing scheduled for Tuesday, December 17`h. At this meeting we hope you will reconsider the due date of January 16`h and stay with the original plan. Or, allow us to pay the assessment interest free through the Summer 2003. Regards, James & Kathleen Schumacher 709 Nauvoo Lane Eagan, MN 55123 JZ J tz-(o Vv, a'.l Dec.9th 2002 To: Eagan City Clerk, Marta Karels wM 3830 Pilot Knob Road Eagan, Minnesota From: Gerald and Dianne Meszaros 4832 Dodd Road lJ Eagan, Minnesota Reference: Project #10P751R This is our letter of objection against the assessments to our properties at 4832 Dodd road. 1. Parcel #10-20900-020-02 (Dodd Road) 2. Parcel #10-20900-033-04 (Carol St.-Red Pine) First of all we object to any assessments on Carol St. (Red Pine). This lot has been our back yard since 1976 when we built our house. We do not want to divide or sell this lot, therefore we have no need for sewer or water. We realize this could all change in the future but we hope it is after we die. We feel that the city of Eagan should pay for street and storm sewer on Carol St. (Red Pine) because it was their decision to Cul-daSac Dodd road at 120th,there by creating a need for a connector road to Hwy #3. This was against our wishes as well as many other long time residences on Dodd Road. Further we object to the fact that we are being assessed for 2 lots on Carol St. (Red Pine), after being forced by the city to sell part of this lot to the city in order to please the people in Waterville Cove, the city now says we will be assessed because the lot is big enough to have two buildable sites. We would appreciate the opportunity to sit down with whom ever and worts out a fair agreement when we return to Eagan in late April 2003. We would ask that all assessments be deferred, without interest until we can come to some sort of agreement. I will be 65 in April and my wife is already 65 and we would prefer to not have to go back to work to pay assessments or to have to sell our property. Sincerely, Gerald and Dianne Meszaros CC Tom Hedges 4ddfL 'SS 300 so w,iSfl,A: y~ N x.07' S rT /h e k d e, IGG P><(au e- Yb3 - -23S- o l3q Monday, Wcomber 09, 2002 Anwlce Online: 14199COrk n! Page: 1 /63 Agenda Information Memo December 17, 2002 G. PROJECT 850, DODD ROAD, DIFFLEY ROAD TO ETHAN/CAMBERWELL DRV FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 850 (Dodd Road, Diffley Road to Ethan Drive/Camberwell Drive - Street, Utility and Trail Improvements) and authorize its certification to Dakota County for collection.' FACTS: • Project 850 provided for the urban upgrade of Dodd Road, between Diffley Road and Ethan Drive/Camberwell Drive, including storm sewer and an off-street bituminous trail as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on November 19, 2002, with a public hearing being scheduled for December 17 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are at least 40% less than the estimate contained in the Feasibility Report presented at the Public Hearing held on October 16, 2001 due the limitations established by the City's appraisal of benefit and the postponement of utility related costs to time of connection or development. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held December 9 to address all property owners' questions or concerns and provide any additional information of interest. Of the 2 parcels (R-1) being assessed, 4 people representing 3 properties attended the meeting and 1 objection has been received at the writing of this report. ATTACHMENTS: • Final Assessment Report, pages/k~~ throu h • Minutes, Neighborhood Meeting, pages and • Objection Letter from Resident, page and /(0 ~ FINAL. ASSF.SSMF.NT HEARING; PROJECT HEARING DATES NUMBER - Prni cts R50 and R62 ASSESSMENT - December 177002 NAME - I2ndd_Bnad IMPROVEMENT- Prni 850-Ort_ 16, 001 Street inctAlatinn and ITtili s Services PrnTRFi2_ian 22,E IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasibility Report FINAL F.R FINAL F.R RATE RATE ITMTS RATE RATE UNITS SANITARY STORM SF.WF.R SFWF.R ❑ Tnmk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trtmk ❑ Gravel Base ❑ Lateral 0 Dodd Road Proj 850 S3,QQQ.00 $86.63. X-E. ❑ Service Proj 862 T.1,00000 $7122 a.E. ❑ Multi Fam Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. 1211 77 &.E. ❑ Trail/Sidewalk OTHER STRF.F.T LIGHTS Completion ❑ Installation ❑ Energy Charge rONTRACT NO. OF INTEREST AMOTMM CITY Na PARrF.i.S TIFRMS RATE ASSESSED FTNAN(:F.D $177,790 F_R S?,77R01T 0 F-R- W-10 2 Prnii RSO 1 S Venn 5 10% x,000-00 S71756 411 94 6-prn R62 COMMENTS: ~6 s city of aagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall, Financial Consultant DATE: November 4, 2002 SUBJECT: Final Assessment Roll, Projects 850 And 862 Dodd Road Streets And Utilities The City Council at the conclusion of the public hearing on October 16, 2001 ordered Project 850 and on January 22, 2002 ordered Project 862. According to the feasibility reports, the following improvements were to be constructed and/or assessed: Street improvements-which consists of an upgrade of Dodd Road to an urban cross-section, storm sewer improvements to provide street drainage and a bituminous trail on the east side of Dodd Road. Subsequent to the public hearing, City staff arranged for the extension of sanitary sewer and water services to those properties, for which existing services were not available. The services were installed at this time to avoid the expense of excavation and patching of sections of Dodd Road in the future when those properties connected to the City's utility's system. It is proposed to not assess those service improvements at this hearing. The service improvements will be assessed as a condition for connection to the City's utility system. This assessment roll is prepared based on the estimated benefits as provided by an appraiser. Construction of the improvements was accomplished under Contracts No. 02-10, has been substantially completed. The assessment hearing is scheduled for December 17, 2002. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $1,709,239.56 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 $585,999.08 and easement costs totaling $213.30 were incurred resulting in an improvement and project cost of $2,295,451.94. 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. 2 v CONSTRUCTION IMPROVEMENT FEASIBILITY IMPROVEMENT COST OTHER COSTS COST REPORT Sanitary Sewer $5,701.50 $1,954.71 $7,656.21 Service Water Service 12,115.24 4,153.61 16,268.85 Service Pair 10,184.82 3,491.78 13,676.60 Storm Sewer 252,123.15 86,438.40 338,561.55 $385,800 Street 1,362,943.65 467,487.61 1,830,431.26 2,464,400 Trail 66,171.20 22,686.27 88,857.47 105,600 Total 51,709,239.56 S586,212.38 52,295,451.94 $2,955,800 I.I. ASSESSMENTS A. TRUNK ASSESSMENTS The properties affected by this improvement were charged for trunk area assessments through prior public improvement projects. B. UTILITY AND STREET IMPROVEMENTS 1. 8-inch Sanitary Sewer Services 1 each, 8-inch sanitary sewer service was constructed at a cost of $5,701.50. Other costs in the amount of $1,954.71 were allocated resulting in an improvement and assessable cost of $7,656.21. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $7,656.21 1 Service * $7,656.21/Service It is proposed to not assess this improvement at this time but to collect for this improvement as a connection charge when the property is connected to the utility system. 3 16 7 2. 6-Inch Water Stub 2 each 6-inch water stubs were constructed to provide capacity when the 3 adjacent parcels subdivide. It cost $12,115.24 to construct the stubs. Other costs totaling in the amount of $4,153.61 were allocated resulting in an improvement and assessable cost of $16,268.85. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $16,268.85 3 Parcels $5,422.95/Service It is proposed to not assess this improvement at this time but to collect for this improvement as a connection charge when the property is connected to the utility system. 3. 4-inch Sanitary Sewer and 1-inch Water Service Pair 1 each, 1-inch water service and 4-inch sanitary sewer service was installed at a construction cost Of $10,184.82. Other costs in the amount of $3,491.78 were allocated resulting in an improvement and assessable cost of $13,676.60. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $13,676.60 1 Service $13,676.60/Service It is proposed to not assess this improvement at this time but to collect for this improvement as a connection charge when the property is connected to the utility system. 4. Storm Sewer Improvement Projects 850 and 862 authorized the reconstruction and upgrade of Dodd Road from Diffley Road northward to Wescott Road. The storm sewer improvement construction cost was $252,123.15. Other costs in the amount of $86,438.40 were allocated to the construction costs. This results in an improvement cost of $338,561.55. The storm sewer improvements provide for street drainage. 5. Street Improvement Projects 850 and 862 authorized the reconstruction and upgrade of Dodd Road from Diffiey Road northward to Wescott Road. The street improvement construction cost was $1,362,943.65. Other costs in the amount of $467,487.61 were allocated to the construction costs. This results in an improvement cost of $1,830,431.26. 4 A 8~ 5a. Assessment Rate The feasibility report called for a 32 foot residential equivalent street with storm sewer be assessed using a linear method. The residential equivalent cost was computed using the following quantities and unit prices of the awarded contract: UNIT EXTENDED -----------------ITEM----------------- UNIT - --------QTY -------lp-MCE - COST. Mobilization LS. 1 $44,221.29 $44,521.29 Common excavation Cu. Yd. 17,595 6.99 122,989.05 Class 5 Aggregate Ton 3,145 8.25 25,946.25 Type 31 base course Ton 2,200 27.60 60,720.00 Type 41 wear course Ton 1,215 33.90 41,188.85 Tack coat Gal 490 1.40 686.00 B618 curb and gutter Lin. Ft. 12,420 6.90 85,698.00 Top soil borrow Cu. Yd. 1,360 8.77 11,927.20 Sod Sq. Yd. 12,345 1.58 19,505.10 Street Costs 413,181.39 Stone sewer costs (32/44)*(252,123.15) 183,362.29 Subtotal 596,543.68 Other costs @34.28% 204,495.17 32 foot residential equivalent $801,038.86 IMPROVEMENT COST ASSESSABLE UNITS IMPROVEMENT RATE $801,038.86 11,704 F.F. $70.22/F.F. IMPROVEMENT RATE ASSESSABLE ASSESSMENT RATE $70.221F.F. 75% $52.66/F.F. The appraiser for this project performed an appraisal for this improvement using a lot unit method of assessment. The assessment rate computed using the lot unit method is computed using the following: IMPROVEMENT ASSESSABLE COST APPRAISAL COST UNITS RATE RATE $801,038.86 77 Lot Units. $10,403.10/Lot Unit. $3,000.00/Lot Unit This report is proposing to cap the assessment rate at $3,000.00 per Lot Unit, which is less than the calculated cost rate of $10,403.10 per Lot unit that it cost to construct the improvement. 5 ~6 6 Bituminous Trail A bituminous trail constructed on the east side of Dodd Road at a construction cost of $66,171.20. Other costs in the amount of $22,686.27 were allocated resulting in an improvement cost of $88,857.47. The trail cost is proposed for financing by the City's Major Street Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. III. CITY REVENUES (RESPONSIBILITY) IV. IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE (RESPONSIBILITY) Sanitary Sewer Service $7,656.21 $(7,656.21) Water Service 16,268.85 (16,268.85) Service Pair 13,676.60 (13,676.60) Storm Sewer 338,561.55 (338,561.55) Street 1,830,431.26 39,000.00 (1,791,431.26) Trail 88,857.47 (88,857.47) Total $2,295,451.94 $39,000.00 $(2,256,451.94) The following City Funds will provide noted financing of the City Responsibilities for the Project: FUND AMni TNT Sanitary Sewer Trunk $14,494.51 Water Trunk 23,107.15 Major Street Fund 2,218,850.28 TOTAL $2,256,451.94 6 ~~v Gerald R. Wobschall Reviewed Review Public Works Department Finance epartment Z- (Z-U2 1'-2,-2-- Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I 7 r 8 8 8 8 8 8 8 p 8 p 8 8 o 0 Q ~Y~pp'i O 1I^n C O $ e9i N N I I N - N2 - N c v N r - cp N h N N N N N N " ~1 N = 0 8 8 8 r o 8 8 8 8 8 8 8 8 a 9 8 R a r y m co m o^ i y n N N m 46 Ay Oi N O N N N T 01 1 y 1~ 4 y N N N l M N N N N N N 4 4 4 8 $ 8 8 4 8 8 8 8 8 N m N N N N M O ~ ~1 W i 8 8 8 $ 8 8 8 8 8 8 N N N N N H N N ~ M y9 4 l ~i ~V '1y W N p Z z C/~ O N w .N N O N N N N N IA O O O O O O O O 4~, O Z ` o Q W LU ui w W N N O O U) = 11 Q 11 `Ct z m W 2 q~n N ~ m N 1 4 8 1 d d d d N v~ d d WESCOTT ROAD - - 1 4 25 O,o-ot 22 21 20 19 to 17 16 13 23 13 24 12 012-02 3 2 1 I 17 1e 14 (o) x J JUTLOT B LKJ (2) x ~ 10 S S 15 00LOT A 6 2 S a 7 3 3 14 9 4 3 2 , 7 a a 212 TYNE LN. a P 1I s 7 1, 1 49 a 7 8 6 6 2 ,2 ( s 10 s 9 1QJ 6 is 13 10 4 4 7 9 17 19 4 " 3 7 e /L Q 20 is )2 2 a FRO 16 1s , 16 ~ g CT. r 1s p 1 21 14 2s 13 2 S 4 r 14.1J 17 1e 24 1 1 22 isz v22 23 3 2 3 1 2 W 19 17 1~ 1 ~ 4 ,e 2 LN- s s t ' ' 9 ,0 13 6 7 6 12 S 11 21 4 1 0 7 2 x Q/ 8 g ~ 4 6 3 777 3 3 r 1z 22 23 Z4 O 9 7 J 6 OQ' 20 13 H'qN ~ t4 12 10 4 4 ~ 6 14 t} 1 9 ER 26 O 2 ~ Cr O 15 ~ ~ N 3 15 3 31 LL 27 16 S i 7 L ry 4 29 26 OO ~p 4 a 16 17 3 S . 1 ~QO 2 17 1 y~ I6 6 OUTLOT 9 26 LEGEND (1) = Number of Lot Equivelents 2 6 May for Street Assessments 010-05 A x Connection charge stub - Water x (3~ 7 Connection charge for stub - Sanitary Sewer „ Q' o Connection charge for W' 81 Service pair a 5 2 1s 16 ✓ s 4 1 ti 27 /7 14 13 ,ti = RRCN ACRES 30 ze 29 30 2 Projects 852 & 860 Fig. I Assessment and C nnection Charge Map Dec. s, 2002 City of Eagan y 21 li 18 8 J 11\//\/ 7 Q 22 / 1 ~ 2S 24 010-78 1.- M .b a x (2) ` z 31 33 32 Q 7 30 28 34 RD o LEONARD A 38 37 lb Ui F EBR Q W W ovRDt c 3 O C1T~A , 18 3 2 1 = t 010-52 O~ 13 2 O 4 P P » 14 (!OV TR 2 G (o) 00 7 ^ e o 1 \O O 12 n~~V 7 9 8 7 4 8 O " 10 3 O~ 8 WITH N L.N. 2 1 2 3 „ 3 T4 ,2 0 4 5 010-53 (2) 40 41 42 43 20 8 7 1 12 2 ' 19 2 DR. 39 VVILDFL. is V19) 3 ~ ry 'A, 3 2 7 38 m 35 17 0 2 4 ,8 • 34 33 ,5 12 3 32~ 14 h ti 25 1 (2) 9?. b 31 13 2 24 Kul . 18 OXFORD RD. JA B v 23 ~ b zz 17 CT J0 27 3 2 1 TERN 3 b J q 29 28 21 18 2 4 0 1 C 20 15 5 4b 020-58 4b 4 LEGEND w w p Q,, (1) = Number of Lot Equivelents for Street Assessments a Q ° L12J x Connection charge stub - Water o = # Connection charge for stub - Sanitary Sewer L IE C 0 Connection charge for 4" & 1 " Service pair i A gtONE R10G~ N - DIFFLEY ROAD QProjects 852 & 860 Fig.2 Assessment and Connection Charge Map Dec. 9, 2002 City of Eagan INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECTS 850 & 862 NORTH DODD RD DECEMBER 9, 2002, 6:30 P.M. COUNCIL CHAMBERS Attendance: Russ Matthys, City Engineer; Kevin Kimmes and Mike Warner, Bonestroo, Rosene, Anderlik & Associates; 8 persons representing 7 properties (attendance sheet attached) A. Welcome and Introduction City Engineer Matthys welcomed the property representatives, presented the agenda for the meeting and introduced Consultants Kimmes and Warner as the project inspectors. B. Presentation Consultant Warner described what portions of the construction work were left to be completed. City Engineer Matthys explained the special assessment process. C. Questions/Comments 1. Ms. Ceil Kieffer stated that her mail has been forwarded to Arizona for her winter residency and requested an assessment notice for her property at 3955 Dodd Road. Staff would be happy to drop off at her home the next day. (Ms. Keifer dropped by City offices on December 10 to pick up her notice.) 2. There is a marker flag at the water shutoff/curb stop at Don Kline's residence. What's status of this water service work? Contractor will raise shut-off riser to ground surface (finished) and remove flag in Spring 2003. 3. Can I get a copy of the punch list items that you showed for all work left for contractor to complete? Yes. Copies made and distributed as requested. 4. Will hydrant near 4015 Dodd Road be lowered? Yes, on punch list. 5. Someone took Kiefer sign "Corvette Drive". Was reinstalled after construction by contractor. Asked if resident contacted police to report stolen property. "No" - stated by resident. 6. Can speed limit of Dodd Road be adjusted? MnDOT has scheduled speed study to determine speed limit of upgraded road segment. 7. Can we get stop sign at Elrene/Dodd? If meets warrants or engineering criteria in Manual of Uniform Traffic Control Devices, City Engineer can authorize installation. Also may request Council to put stop sign in. Council may approve without meeting engineering criteria (MUTCD). l 8. Why parking lane on opposite side of road from trail? Decision made by City Council as part of approval of project after close of public hearing. 9. Stop bar location at Diffley needs to be reviewed before placement of wear course. Staff and consultant will review location of stop bar next spring. 10. Gravel washed into woods at Kline's due to blow-out from storm on weekend. Concerned about tree health. Please observe trees in spring 2003 to let us know if any slow or stunted growth. Contractor will have 2 year warranty for construction related issues. We can have contractor provide tree supplement to stimulate growth. 11. How far back from driveway and fire hydrant do people need to park? Concerned about parking in front of driveway. People shouldn't park in front of driveway. There should be a limited amount of on street parking; no more than prior to street reconstruction. 12. Is there plan for traffic signal at TH 149 and Wescott? Yes, 2004 by MnDOT. 13. Phone line lying on top of ground until spring due to being cut during construction at Kline's. 14. Berm created as part of sodding doesn't drain. Sod crew removed sapling. Replace damaged edges on driveway. 4175 Dodd Road. 15. So we are to pay street assessments now, but pay for utility services when we connect? Yes. 16. Based upon assessment exhibit, can we get number of lots that will be permitted future access to Dodd? The exhibit provides a comparison between assessable properties based upon a buildable single-family unit basis. It is only intended for comparison purposes. Proposed assessments are actually based upon benefit to each individual property as determined by the appraiser. 17. If I developed, how could I get more access to Dodd Rd.? Any access to Dodd Road as part of a development application would have to be approved by the City Council. 18. Can we get a copy of the appraiser's report? No, it is not public information. Attorney contracted by City hires appraiser. 19. Is there a deferment of assessments for seniors? City Engineer Matthys explained the deferment process option. It would need to be requested prior to close of hearing. 20. If you appeal assessment, do you still pay interest on assessment amount during appeal process? Potentially yes, dependent upon settlement. / 7~ 21. Original estimated assessments were nothing close to these numbers. What has changed? Proposed assessments are based on appraised benefit process to properties. G:RM'02/MISC/MINUTES/Proj. 850 and 862 Dodd Road N 12-9-02 NEIGHBORHOOD MEETING DODD RD NORTH PROJECT *5W 8S0 f OWL MONDAY, DECEMBER 9, 2002 - 6:30 P.M. NAME ADDRESS 1. 44 7d Lam. 2. Q~Ll R ~ ~(139 y 3. 4. 5. t 7S cl 6. t-EU:5 ~~(c !5.e) v. q 8.~~6 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS/SIGN-I N.Sheet DEC-12-2002 11:16 UNf-TED DEFENSE GOLD ROOM 612 572 3375 P.02i03 December 12, 2002 Adeline K. Buehler 4135 Dodd Road Eagan, Minnesota 55123 City Clerk 3830 Pilot Knob Road Eagan, Minnesota 55122 Eagan City Council Members, Recently, we received a notice of special assessment for Project # 1OP850. The amount of this special assessment is $6,000.00 for our property, ID number 10-32990-010-11. It was explained that this is based upon the increased benefit to our property; however, our contention is that the benefit to our property is no greater than that of the parcel to the south. When this area was developed, 3 stub-ins for sewer and water were installed in anticipation of the future development of three lots. These stub-ins are marked as "S" in the following figure. The location of these "stub-ins" shows that these lots would take access off of Oxford. The equivalent lots across Oxford did not get assessed for the upgrade to Dodd road (implying that there was no benefit to their property). If there is no benefit to those lots, there can be no benefit to the portion of our property that may become future lots. In the event that these three lots are developed, the remaining parcel of land would be similar in area to that of the parcel to the south. Therefore, we believe that our assessment should be no greater than $3000.00. I thank you for your careful consideration of this matter. Sincerely, Adeline K. Buehler l~ N T [Our Property 2 acres -----------r----------- "b $6000 'n assessment Possible future lots Q Oxford $3000 assessment 1 acre /W Agenda Information Memo December 17, 2002 H. PROJECT 862, DODD ROAD, ETHAN/CAMBERWELL DRIVE TO WESCOTT ROAD FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 862 (Dodd Road, Ethan Drive/Camberwell Drive to Wescott Road - Street, Utility and Trail Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 862 provided for the urban upgrade of Dodd Road, between Ethan Drive/Camberwell Drive and Wescott Road, including storm sewer and an off-street bituminous trail as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on November 19, 2002, with a public hearing being scheduled for December 17 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are at least 40% less than the estimate contained in the Feasibility Report presented at the Public Hearing held on January 22, 2002 due the limitations established by the City's appraisal of benefit and the postponement of utility related costs to time of connection or development.. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held December 9 to address all property owners' questions or concerns and provide any additional information of interest Of the 6 parcels (R-1) being assessed, 4 people representing 3 properties attended the meeting and no objections have been received at the writing of this report. ATTACHMENTS: • Final Assessment Report, pages through. • Minutes, Neighborhood Meeting, pages and,. FINAL ASSESSMENT HFARING PROJECT HEARING DATES NUMBER - &tyec k R50 and 862 ASSESSMENT - Decemher 17, 2002 NAME - Dndd Rnad IMPROVEMENT- P_roj 850-Ort 16, 2001 Street Instillation and IItilitv_Services Pr[ R62-Jan 22, 00 IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R =Feasibility Report FINAL F.R FINAL F.R BATF RATE TWITS BATE BATE iTNiTS SANITARY STORM SEWER SF WFB ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral Bf Dodd Road Proj 850 ,ono noon $80.53 ~.E. ❑ Service Proj 862 !0,000-00-00 S79-92 &-F- 0 Multi Fam Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. $211-77 lF-F- ❑ Trail/Sidewalk OTHER STRF..T LIGHTS Completion ❑ Installation ❑ Energy Charge C'ONTRAC'T NQ- OF INTF.RFST AMOiTNT C ITY XO, PARCFTA TERMS RATE. ASSF.SSE.D FINANCED X171,790 F_R_ g?,77R,010 F_R_ 02-10 2_Pro7 R50 15 Years 5-50% 1,939,000.00 %2.256,451 94 6-pr~ R67 COMMF.NTS- f 8~ 40~MV of aagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall, Financial Consultant DATE: November 4, 2002 SUBJECT: Final Assessment Roll, Projects 850 And 862 Dodd Road Streets And Utilities The City Council at the conclusion of the public hearing on October 16, 2001 ordered Project 850 and on January 22, 2002 ordered Project 862. According to the feasibility reports, the following improvements were to be constructed and/or assessed: Street improvements-which consists of an upgrade of Dodd Road to an urban cross-section, storm sewer improvements to provide street drainage and a bituminous trail on the east side of Dodd Road. Subsequent to the public hearing, City staff arranged for the extension of sanitary sewer and water services to those properties, for which existing services were not available. The services were installed at this time to avoid the expense of excavation and patching of sections of Dodd Road in the future when those properties connected to the City's utility's system. It is proposed to not assess those service improvements at this hearing. The service improvements will be assessed as a condition for connection to the City's utility system. This assessment roll is prepared based on the estimated benefits as provided by an appraiser. Construction of the improvements was accomplished under Contracts No. 02-10, has been substantially completed. The assessment hearing is scheduled for December 17, 2002. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $1,709,239.56 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 $585,999.08 and easement costs totaling $213.30 were incurred resulting in an improvement and project cost of $2,295,451.94. 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. 2 CONSTRUCTION IMPROVEMENT FEASIBILITY IMPROVEMENT COST OTHER COSTS COST REPORT Sanitary Sewer $5,701.50 $1,954.71 $7,656.21 Service Water Service 12,115.24 4,153.61 16,268.85 Service Pair 10,184.82 3,491.78 13,676.60 Storm Sewer 252,123.15 86,438.40 338,561.55 $385,800 Street 1,362,943.65 467,487.61 1,830,431.26 2,464,400 Trail 66,171.20 22,686.27 88,857.47 105,600 Total $1,709,239.56 $586,212.38 $2,295,451.94 $2,9559800 II. ASSESSMENTS A. TRUNK ASSESSMENTS The properties affected by this improvement were charged for trunk area assessments through prior public improvement projects. B. UTILITY AND STREET IMPROVEMENTS 1. 8-inch Sanitary Sewer Services 1 each, 8-inch sanitary sewer service was constructed at a cost of $5,701.50. Other costs in the amount of $1,954.71 were allocated resulting in an improvement and assessable cost of $7,656.21. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $7,656.21 1 Service $7,656.21/Service It is proposed to not assess this improvement at this time but to collect for this improvement as a connection charge when the property is connected to the utility system. 3 Fly 2. 6-Inch Water Stub 2 each 6-inch water stubs were constructed to provide capacity when the 3 adjacent parcels subdivide. It cost $12,115.24 to construct the stubs. Other costs totaling in the amount of $4,153.61 were allocated resulting in an improvement and assessable cost of $16,268.85. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $16,268.85 3 Parcels $5,422.95/Service It is proposed to not assess this improvement at this time but to collect for this improvement as a connection charge when the property is connected to the utility system. 3. 4-inch Sanitary Sewer and 1-inch Water Service Pair 1 each, 1-inch water service and 4-inch sanitary sewer service was installed at a construction cost Of $10,184.82. Other costs in the amount of $3,491.78 were allocated resulting in an improvement and assessable cost of $13,676.60. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $13,676.60 1 Service $13,676.60/Service It is proposed to not assess this improvement at this time but to collect for this improvement as a connection charge when the property is connected to the utility system. 4. Storm Sewer Improvement Projects 850 and 862 authorized the reconstruction and upgrade of Dodd Road from Diffley Road northward to Wescott Road. The storm sewer improvement construction cost was $252,123.15. Other costs in the amount of $86,438.40 were allocated to the construction costs. This results in an improvement cost of $338,561.55. The storm sewer improvements provide for street drainage. 5. Street Improvement Projects 850 and 862 authorized the reconstruction and upgrade of Dodd Road from Diffley Road northward to Wescott Road. The street improvement construction cost was 51,362,943.65. Other costs in the amount of $467,487.61 were allocated to the construction costs. This results in an improvement cost of $1,830,431.26. 4 g~ 5a. Assessment Rate The feasibility report called for a 32 foot residential equivalent street with storm sewer be assessed using a linear method. The residential equivalent cost was computed using the following quantities and unit prices of the awarded contract: UNIT EXTENDED ITEM----------------- UNIT - TY-- PRICE-- COST-. Mobilization LS. 1 $44,221.29 $44,521.29 Common excavation Cu. Yd. 17,595 6.99 122,989.05 Class 5 Aggregate Ton 3,145 8.25 25,946.25 Type 31 base course Ton 2,200 27.60 60,720.00 Type 41 wear course Ton 1,215 33.90 41,188.85 Tack coat Gal 490 1.40 686.00 B618 curb and gutter Lin. Ft. 12,420 6.90 85,698.00 Top soil borrow Cu. Yd. 1,360 8.77 11,927.20 Sod Sq. Yd. 12,345 1.58 19,505.10 Street Costs 413,181.39 Storm sewer costs (32/44)*(252,123.15) 183,362.29 Subtotal 596,543.68 Other costs @34.28% 204,495.17 32 foot residential equivalent $801,038.86 IMPROVEMENT COST ASSESSABLE UNITS IMPROVEMENT RATE $801,038.86 11,704 F.F. $70.22/F.F. IMPROVEMENT RATE ASSESSABLE ASSESSMENT RATE $70.22/F.F. 75% $52.66/F.F. The appraiser for this project performed an appraisal for this improvement using a lot unit method of assessment. The assessment rate computed using the lot unit method is computed using the following: IMPROVEMENT ASSESSABLE COST APPRAISAL COST UNITS RATE RATE $801,038.86 77 Lot Units. $10,403.10/Lot Unit. $3,000.00/Lot Unit This report is proposing to cap the assessment rate at $3,000.00 per Lot Unit, which is less than the calculated cost rate of $10,403.10 per Lot unit that it cost to construct the improvement. 5 /86 6 Bituminous Trail A bituminous trail constructed on the east side of Dodd Road at a construction cost of $66,171.20. Other costs in the amount of $22,686.27 were allocated resulting in an improvement cost of $88,857.47. The trail cost is proposed for financing by the City's Major Street Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. III. CITY REVENUES (RESPONSIBILITY) IV. IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE (RESPONSIBILITY) Sanitary Sewer Service $7,656.21 $(7,656.21) Water Service 16,268.85 (16,268.85) Service Pair 13,676.60 (13,676.60) Storm Sewer 338,561.55 (338,561.55) Street 1,830,431.26 39,000.00 (1,791,431.26) Trail 88,857.47 (88,857.47) Total $2,295,451.94 $39,000.00 $(2,256,451.94) The following City Funds will provide noted financing of the City Responsibilities for the Project: FUND AMOUNT Sanitary Sewer Trunk $14,494.51 Water Trunk 23,107.15 Major Street Fund 2,218,850.28 TOTAL $2,256,451.94 6 7moe Gerald R. Wobschall Reviewed Review 9,-- Mt~n Public Works Department Finance epartment (z - (2-0.2- I'-2, (y-'p Z-- Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I 7 /910/ r 8 8 8 ~ 8 8 8 8 8 8 8o 0 ro- rl H f N N N N r N N y w N N N N N 0 8 S S ~ 0r 8 S p S S 8 8 8 0 Z't C ~ ~ ^ Z't +C g g M N N h ai 0 h L" h %C) 0 ao ac O 4 y N a~'f 4 h N M N N N N y y N N N N N N y ` Q Q 6q p p O p O p p p O p O p O p p O O S H H h W H N h ati C y Q n'1 p p p p p p p p p p 69' 0~1 O O S O O O O O O S O O N ~Io! N N M H H N H M 6'9 I 9 VAN* ~i *Mb W v^i E Z 8 z W Q O N to N N N N N N N N Z LL N Z Z Z Z Z Z O O ry ` O O O O O O a, N Q U J p Q U U U U U U O H W W W W W W an x ~I 0 an In w w 0 m m Z r r ~ N fh ~ N 21 N y O O G~ N !Q!) ,ti O Q ~ a Q Q Qd h 04 C%4 ~j ~ ~O N N E 4 a7 E Q ro I ~ ~ g g ~ E E d = y~~ 9 WESCOTT ROAD 010-0 )T H 25 (O, x 22 21 20 19 16 17 16 14 13 23 15 Q 1 24 12 012-02 r\n •3 x)TLOT B 3 2 1 1 17 (2) x 4 ,6 4 10 5 5 15 1 OUTLOT A 6 J 2 5 8 7 Z ~ 3 14 9 4 3 2 1 7 ' B 4 12 TYNE LN. P T e 2 8 11 4 9 6 , 6 6 8 n 4 3 , 72 L 10 9 S 5 6 18 13 10 4 4 9 17 19 4 C 11 ' Q`. O 2 3 8 7 16 15 12 1 6 FRO \ 8 15 20 u ,s is CT. 21 14 13 2 5 4 Eli 14-LJ 17 76 24 1 1 1 22 1SZ 19 17 72 23 3 2 3 1 2 1 II - 4 1e 2 LN. lt~ 5 3 1 13 6 ' 6 1 1 9 10 12 L, 11 21 4 1 0 7 '7 5 2 2 U a a 4 3 ,2 3 3 21 22 23 9 7 24 c 10 4 13 1 20 25 13 Hq,Y 14 12 l 4 ~ 6 14 9 ER 31 L x6 „ `Cs 2 30 C7: OO 15 N G~ L 5 15 3 29 O 27 F(28 O 1 4 5 1 6 7 2 ~ 16 4 17 3 5 R~ 2 17 ~ 18 6 28 LEGEND 1/ ^ OUnOT 8 C {~IJ o~~ (1) = Number of Lot Equivelents for Street Assessments a 010-05 A x Connection charge stub - Water x (3) ,off Vim'j. # Connection charge for stub - Sanitary Sewer „ 5 Q' 2 o Connection charge for 4" 81 Service pair 00 a 4 C 5 1 15 16 N ` 27 17 14 13 lJ N .ry ERRCN ACRE 30 za 30 29 Projects 852 & 860 Fig. 9 Assessment and Connection Charge Map Dec. 9, 2002 City of Eagan V l 21 V 19 18 7 ,Vy 22 13 " Q 24 2 010-78 25 ~ . x (2) `O 2 30 29 a 1 W 31 Q 33 32 39 YS D LEONARD A 34 3a 37 B` - D ~GE 0 b " > F EBRI 12 FZl~ Q / ~Fl w amot e 3 O C1T~~/O 16 3 2 1 Q t 1H 010-52 13 14 2 COV TR 4 2 ~ 6 G~ P (0) o0 7 12 7 ~V 4 8 11 10 7 9 8 3 ((~fp C)O 6 WITHAM LN. t 2 V~ 1 2 3 11 3 4 12 4 5 010-53 (2) 40 zo 1 41 42 43 8 7 12 2 1 19 / 2 DR. 39 WILDFL. 1s 5 / 3 1 h 1A/ 35 3 2 38 35 17 0 ti 7N 1" 2 16 4 34 . y 33 15 ~ 12 3 h ~2 32 25 14 1 (2) 91 6 31 ~w - 13 11 1' 2 24 . ,~h >F ^ ~ 18 OXFORD RD. JA B v 23 30 27 CT ;7 O 22 17 1 3 3 2 16 - TERN 1 J q 29 28 21 4 .p 0 1 p 20 15 5 6 020-58 C1) 0 ` 0 LEGEND w p Q,, (1) = Number of Lot Equivelents z h for Street Assessments ° 1 x Connection charge stub - Water q L IE C # Connection charge for stub - Sanitary Sewer o Connection charge for 4" & 1" Service pair (t 1 w IN ry ,~5 amnr . S~~NE R1D0,f' a' ,y h° Y ROAD 0 Projects 852 & 860 Fig.2 Assessment and Connection Charge Map Dec. 9, 2002 City of Eagan INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECTS 850 & 862 NORTH DODD RD DECEMBER 9,2002,6:30 P.M. COUNCIL CHAMBERS Attendance: Russ Matthys, City Engineer; Kevin Kimmes and Mike Warner, Bonestroo, Rosene, Anderlik & Associates; 8 persons representing 7 properties (attendance sheet attached) A. Welcome and Introduction City Engineer Matthys welcomed the property representatives, presented the agenda for the meeting and introduced Consultants Kimmes and Warner as the project inspectors. B. Presentation Consultant Warner described what portions of the construction work were left to be completed. City Engineer Matthys explained the special assessment process. C. Questions/Comments 1. Ms. Ceil Kieffer stated that her mail has been forwarded to Arizona for her winter residency and requested an assessment notice for her property at 3955 Dodd Road. Staff would be happy to drop off at her home the next day. (Ms. Keifer dropped by City offices on December 10 to pick up her notice.) 2. There is a marker flag at the water shutoff/curb stop at Don Kline's residence. What's status of this water service work? Contractor will raise shut-off riser to ground surface (finished) and remove flag in Spring 2003. 3. Can I get a copy of the punch list items that you showed for all work left for contractor to complete? Yes. Copies made and distributed as requested. 4. Will hydrant near 4015 Dodd Road be lowered? Yes, on punch list. 5. Someone took Kiefer sign "Corvette Drive". Was reinstalled after construction by contractor. Asked if resident contacted police to report stolen property. "No" - stated by resident. 6. Can speed limit of Dodd Road be adjusted? MnDOT has scheduled speed study to determine speed limit of upgraded road segment. 7. Can we get stop sign at Elrene/Dodd? If meets warrants or engineering criteria in Manual of Uniform Traffic Control Devices, City Engineer can authorize installation. Also may request Council to put stop sign in. Council may approve without meeting engineering criteria (MUTCD). / ~W2 8. Why parking lane on opposite side of road from trail? Decision made by City Council as part of approval of project after close of public hearing. 9. Stop bar location at Diffley needs to be reviewed before placement of wear course. Staff and consultant will review location of stop bar next spring. 10. Gravel washed into woods at Kline's due to blow-out from storm on weekend. Concerned about tree health. Please observe trees in spring 2003 to let us know if any slow or stunted growth. Contractor will have 2 year warranty for construction related issues. We can have contractor provide tree supplement to stimulate growth. 11. How far back from driveway and fire hydrant do people need to park? Concerned about parking in front of driveway. People shouldn't park in front of driveway. There should be a limited amount of on street parking; no more than prior to street reconstruction. 12. Is there plan for traffic signal at TH 149 and Wescott? Yes, 2004 by MnDOT. 13. Phone line lying on top of ground until spring due to being cut during construction at Kline's. 14. Berm created as part of sodding doesn't drain. Sod crew removed sapling. Replace damaged edges on driveway. 4175 Dodd Road. 15. So we are to pay street assessments now, but pay for utility services when we connect? Yes. 16. Based upon assessment exhibit, can we get number of tots that will be permitted future access to Dodd? The exhibit provides a comparison between assessable properties based upon a buildable single-family unit basis. It is only intended for comparison purposes. Proposed assessments are actually based upon benefit to each individual property as determined by the appraiser. 17. If I developed, how could I get more access to Dodd Rd.? Any access to Dodd Road as part of a development application would have to be approved by the City Council. 18. Can we get a copy of the appraiser's report? No, it is not public information. Attorney contracted by City hires appraiser. 19. Is there a deferment of assessments for seniors? City Engineer Matthys explained the deferment process option. It would need to be requested prior to close of hearing. 20. If you appeal assessment, do you still pay interest on assessment amount during appeal process? Potentially yes, dependent upon settlement. ) q3 21. Original estimated assessments were nothing close to these numbers. What has changed? Proposed assessments are based on appraised benefit process to properties. G:RM'02/MISC/MINUTES/Proj. 850 and 862 Dodd Road N 12-9-02 NEIGHBORHOOD MEETING DODD RD NORTH PROJECT f54ft' 850 4-810 i MONDAY, DECEMBER 9, 2002 - 6:30 P.M. NAME ADDRESS 1. - 7d ,,ate 2. L//3S d o-t W 3. A~ 13 -~r u 0~" (~R 4. 6. s C ! fl l s Sn v~ go 's 7. 8. ~LA 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet 9 Agenda Information Memo December 17, 2002 Eagan City Council Meeting 1. PROJECT 874. GIFT OF MARY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 874 (Gift of Mary Addition - Street and Utility Improvements), authorize the preparation of detailed plans and specifications, and the acquisition of easements through the quick-take eminent domain process, if necessary. FACTS: • In May 1999, the City Council approved an Access Management Plan in conjunction with the Minnesota Department of Transportation (MnDOT) for Hwy 55. Part of this plan provided for the planning and staged construction of a continuous frontage road along the north side of Hwy 55 from Hwy 149 into Inver Grove Heights. • With the Gift of Mary development, a portion of this frontage road is required to provide access from it to Hwy 55 at the designated location opposite Louis Lane. In addition, sanitary and watermain facilities are required to be extend to this property from the south side of Hwy 55 to serve this new development. • On June 4 and October 15, 2002, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of constructing the frontage road and associated utilities, located north of the intersection of Louis Lane and TH 55. • On November 19, 2002, a draft feasibility report for Project 874 was presented to the City Council and a Public Hearing was scheduled for December 17 to formally present and discuss the report with the adjacent property owners. • On December 12, city staff met with Mr. John Cina, the property owner of Parcels 10- 03800-070-02 and 10-01200-060-02 to provide information and to discuss the proposed improvements. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pagesMthrough-QU6 l 9'.6 i WA- Ow of Eagan Report for TH 55 Frontage Road/ Gift of Mary Street & Utility Improvements City Project No. 874 Eagan, Minnesota December 2002 city of aagan PATRICIA E. AWADA December 12, 2002 Mayor Honorable Mayor and City Council PAUL BAXKEN City of Eagan 3830 Pilot Knob Road PEGGYCARLSON Eagan MN 55122 CYNDEE FIELDS MEGTILLEY Re: TH 55 North Frontage Road/ Gift of Mary Street & Utility Improvements Council Members City Project No. 874 THOMAS HEDGES Dear Mayor and Council: City Administrator Attached is the feasibility report for the TH 55 North Frontage Road/ Gift of Mary - Street & Utility Improvements. The proposed improvements are presented and discussed within the report, along with a detailed cost estimate and a preliminary assessment roll. Municipal Center: City staff will be pleased to meet with the Council at your convenience to review and 3830 Pilot Knob Road discuss the contents of this report. Eagan, MN 55122-1897 Phone: 651.681.4600 Sincerely, Fax: 651.681.4612 TDD: 651.454.8535 ohn P. Corder, P.E. Assistant City Engineer Maintenance Facility: I hereby certify that this report was prepared 3501 Coachman Point by me or under my direct supervision and that I am a duly Licensed Professional Eagan, MN 55122 Engineer under the laws of the State of Phone: 651.681.4300 Minnesota. Fax: 651.681.4360 ayt'Y~.,l TDD: 651.454.8535 John P. Gorder Reviewed by: Date: 12 - / 2 - 4 2- Reg. No. 22813 www.cityofeagan.com Departmen f Public orks Date: 7-1Z -0' Reviewed by: Finance partment THE LONE OAKTREE Date:_ Z- Z- The symbol of strength and growth in our community / g TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction 2 Feasibility and Recommendations 3 Discussion 4 • Frontage Road • Storm Sewer • TH 55 Turn Lanes • Utilities Right-of-Way/Easements/Permits 7 Cost Estimate 8 Affected Properties 9 Assessments 10 Summary 10 Financing 10 Revenue Source 11 Project Schedule 12 LIST OF APPENDICES Appendix A - Preliminary Cost Estimate Appendix B - Assessment Calculations & Preliminary Roll LIST OF FIGURES • Figure 1 - Project Location Map • Figure 2 - Proposed Frontage Road & Storm Sewer Improvements - Phase I • Figure 2A - Proposed Frontage Road & Storm Sewer Improvements - Phase II • Figure 3 - Proposed Utility Improvements • Figure 4 - TH 55 Turn Lane Improvements • Figure 5 - Proposed Typical Section • Figure 6 - Easement & Right-of-Way Map • Figure 7 - Parcel & Assessment Map December 2002 TH 55 Frontage Road/ Gift of Mary Street & Utility Improvements City Project No. 874 Eagan, MN Introduction Preparation of this Feasibility Study was authorized by the City Council for the construction of a new frontage road and utility extensions to serve the proposed Gift of Mary children's home and other adjacent properties along the north side of Highway 55 (TH 55) between Louis Lane and the Inver Grove Heights border, in northeast Eagan (see Figure 1). The preparation of this report was initiated by a petition received from Gift of Mary representatives. The proposed frontage road along the north side of TH 55 is consistent with recommendations made in the TH 55 Access Management Plan, jointly prepared by the Minnesota Department of Transportation of the City of Eagan and approved by the City Council in May, 1999, a planning document that identifies access modifications, and frontage and backage roads necessary to provide and/or maintain adequate access to parcels along this stretch of TH 55. The proposed utility extensions are consistent with the City's Water Supply and Distribution Plan (1996) and the Comprehensive Sanitary Sewer Plan (2000), and with the City's most recent Capital Improvement Program (2003-2007). This report identifies the street and utility improvements necessary to serve the adjacent properties. 2 '2cd Summary and Recommendations City Project No. 874, as outlined herein, is feasible from an engineering standpoint. The proposed roadway and utility system improvements are consistent with City and MN Department of Transportation (MnDOT) standards. It is recommended that the City Council consider the project for the following reasons: • This project is necessary based on recommendations made in the TH 55 Access Management Plan. The project will provide for improved future traffic flow and safety by consolidating turning movements and conflicts for vehicles accessing properties on the north side of TH 55. The project is also necessary to provide City utility service to the properties adjacent to the proposed frontage road. • This project is cost effective in that constructing the frontage road will result in access consolidation onto TH 55, thereby improving safety and adding value to the adjacent individual properties. The proposed utility extensions will also add value to the adjacent properties by eliminating the need for individual septic and well systems. • The frontage road construction and utility extensions would be best carried out as one improvement project and one contract. It is recommended that the City Council receive the Feasibility Study and schedule a public hearing for the proposed project. 3/ Discussion FRONTAGE ROAD Properties adjacent to the north side of TH 55 currently have direct access to and from TH 55. There are seven properties within the project area (five to be consolidated with the Gift of Mary development) with current or potential driveway access onto TH 55. The TH 55 Access Management Plan recommends construction of a frontage road east and west of the full access at the Louis Lane intersection to consolidate traffic entering and exiting the highway in this area. Phase I - This project provides for the construction of the first phase of a frontage road east from Louis Lane to the Gift of Mary driveway entrance (see Figure 2). The future construction of the remainder of the planned frontage road from the Gift of Mary driveway to the Inver Grove Heights border will be considered under a separate future project (see Phase II discussion below). Under Project 874, it is proposed to construct the frontage road across from Louis Lane, parallel to TH 55, approximately 750 feet easterly to the Gift of Mary driveway access. The frontage road is proposed to be constructed to a 28-foot width with concrete curb and gutter within right- of-way to be dedicated from adjacent parcels (see Figure 2). The frontage road connection at TH 55 is proposed at a 40' width with a protected outbound left turn lane. Phase II - The construction and costs included in this report for the further extension of the frontage road from the Gift of Mary driveway to the Inver Grove Heights border are for discussion purposes only. A portion of the proposed frontage road under Phase II impacts the existing wetland along the north side of TH 55 (see Figure 2A). Wetland mitigation in accordance with Wetland Conservation Act (WCA) rules, as administered by the City, will be required. On-site mitigation options are limited within the project area. Other potential options include creating wetland off-site within the City, or drawing on wetland banking credits of MnDOT. Wetland banking credits may be available for use from MnDOT because TH 55 4 0 contributes drainage to the wetland to be impacted, and the construction of the frontage road provides access management benefit to TH 55. Storm Sewer - All storm sewer construction under Project 874 is considered lateral. The stone sewer drainage from the frontage road will be directed toward the north ditch line of TH 55, or to a wetland system within the proposed Gift of Mary development, consistent with the existing drainage patterns in the area. The TH 55 ditch drains to Pond GP-3 west of the project area, which currently has an outlet to the City's drainage system. The estimated cost for the Phase I frontage road with storm sewer improvements is $178,920.The estimated cost for the Phase II frontage road with storm sewer improvements is $158,800, with approximately $65,000 of that cost associated with construction subgrade correction of the roadway within the wetland area. TH 55 TURN LANES Turn lane construction on east and west bound TH 55 is necessary with the frontage road construction (see Figure 4). The construction of a left turn lane on eastbound TH 55 at Louis Lane will consist of grading of the existing grass median with the placement of a new bituminous lane to accommodate inbound left turns . Minor striping modifications to the existing shoulder will be necessary to create a right turn lane on westbound TH 55 at Louis Lane. The estimated cost for the turn lane improvements is $16,690. UTILITIES Trunk utility extensions under TH 55 and lateral utility extensions within the frontage road to serve adjacent properties are proposed under this project. Trunk water main will be provided by extending an 8-inch diameter pipe in a steel casing under TH 55 from south to north at the Louis Lane intersection (see Figure 3). Lateral water main will be constructed from the intersection east to the Gift of Mary development site. The Gift of Mary development will extend this water main, under a private improvement project, through their site to connect with the trunk water main to be constructed with the Lone Oak Road (Dakota County 5 Ca Road No. 26) upgrade project scheduled for 2004. This will provide an adequate looping of the trunk water main system in the area. The extension of water main through the Gift of Mary site and the connection to water main along Lone Oak Road, is required to provide adequate water service (fire flows and pressure) for the area in accordance with the City's Water Supply and Distribution Plan (1996). The estimated cost for trunk water main improvements is $100,270. The estimated cost for lateral water main improvements is $44,040. Trunk sanitary sewer will be provided by extending an 8-inch diameter pipe in a steel casing under TH 55 from south to north approximately 300 feet east of the Louis Lane intersection. Lateral sanitary sewer will be constructed from the crossing location east and west to serve adjacent parcels and the Gift of Mary development site. The estimated cost for trunk sanitary sewer improvements is $95,660. The estimated cost for lateral sanitary sewer improvements is $39,500. Properties within Inver Grove Heights are not included in the areas to be served by Eagan utilities under the Joint Powers Agreement for Utility Service (1997). Therefore, it is not proposed to extend utility service to the Eagan/ Inver Grove Heights border for future use within Inver Grove Heights at this time. 6 C~O Right-of-Way/ Easements/ Permits A majority of the street and utility improvements proposed under this project are anticipated to be constructed within existing TH 55 right-of-way (upon approval from MNDOT) and right-of- way to be dedicated with the Gift of Mary development plat. Additional right-of-way will need to be acquired from the following parcels (also see Figure 6): Parcel 060-02 (No Address) 13,200 sq. ft. permanent right-of-way Parcel 070-02 (3400 Highway 55) 300 sq. ft. permanent right-of-way Total 13,500 sq. ft. Any temporary easements required to complete the project, such as those needed for grading or storm sewer construction, will be identified and obtained during final design. The total estimated costs for this right-of-way acquisition have been included in the project cost estimate. MnDOT permit approval, including a drainage permit, will be required for the proposed construction within State right-of-way. Permit approval from the MN Pollution Control Agency and MN Department of Health will be required for the sanitary sewer and water main construction. Wetland mitigation permits in accordance with the Wetland Conservation Act (WCA) from the Department of Natural Resources will be required for that portion of future frontage road under Phase II that impacts the existing wetland in the eastern portion of the project site. 7 C;245~- Cost Estimate A detailed cost estimate for Project 874 is presented in Appendix A. The total estimated project cost is $475,080. This cost includes preliminary construction costs estimates plus 10% for contingencies and 35% for indirect costs, which include administrative, engineering, interest, legal and right-of-way expenses. TH 55 Frontage Road & Storm Sewer $178,920 TH 55 Turn Lane Improvements $16,690 Trunk Water Main $100,270 Lateral Water Main $44,046 Trunk Sanitary Sewer $95,660 Lateral Sanitary Sewer $39,500 Total Estimated Project Cost $475,080 Future Phase II Frontage Road & Storm Sewer $158,800 Note: Undetermined Wetland Mitigation costs will also need to be considered at time of future Phase II construction. 8 X016 Affected Properties The properties in the area that are affected by the proposed improvements and require notification of the public hearing are listed as follows (see Figure 6). Parcel 10-03800-070-02 3400 Highway 55 10-01200-060-02 No Address 10-03800-020-03 3401 Highway 55 10-01200-010-06 3415 Highway 55 10-01200-050-02 (included in proposed Gift of Mary plat, Lot 1, Block 1) 10-01200-070-02 (included in proposed Gift of Mary plat, Lot 1, Block 1) 10-01200-080-02 (included in proposed Gift of Mary plat, Lot 1, Block 1) 10-01200-090-02 (included in proposed Gift of Mary plat, Lot 1, Block 1) 10-01200-010-01 (included in proposed Gift of Mary plat, Lot 1, Block 1) 9 7 Assessments SUMMARY Costs associated with the extension of trunk utilities (sanitary sewer and water main) will be the responsibility of the Sanitary Sewer Trunk and the Water Trunk Funds, respectively. Trunk area assessments are proposed to be charged to properties benefiting from the water trunk improvements, at the following rates set forth in the 2003 Eagan Fee Schedule: • Trunk Water Main - Area $2,115 per acre Sanitary sewer runk area assessments for all the properties within the project area have been previously collected with other trunk sanitary sewer projects in the area. Costs associated with the construction of the frontage road and the lateral utility lines are proposed to be assessed to the benefiting adjacent properties in accordance with the City's Special Assessment Policy. See Appendix B for the proposed assessment rate calculations and assessment roll. ASSESSMENT FINANCING The benefiting properties will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over 15 years with the interest rate determined by results of the.bond sale used to finance the improvements. The following payment schedules would result based on an estimated 6 percent interest rate for the proposed improvements: PER $1,000 ASSESSMENT PrincipaV Year Interest/ Year Cost/ Year Cost/ Month First Year $67 $60 $127 $13 Second Year $67 $56 $123 $10 Fifteenth Year $67 $4 $71 $6 10 c2D9 Revenue Sources Property city Project Cost Assessment Contribution Frontage Rd./ Storm Sewer $178,920 $109,300 $69,620 TH 55 Turn Lanes $16,690 -0- $16,690 Trunk Water Main $100,270 $101,904 ($1,634) Lateral Water Main $44,040 $20,103 $23,937 Trunk Sanitary Sewer $95,660 -0- $95,660 Lateral Sanitary Sewer $39,500 $19,896 $19,604 Total Balance $475,080 $251,200 $223,880 The City's Trunk Sanitary Sewer and Water Main Trunk Funds and Major Street Fund will finance the estimated project deficit of $223,880. Due to the large benefit to the TH 55 Highway, cooperative agreement and/or access management cost-sharing funds should be pursued from MnDOT for the frontage road construction. I1 ao g l Project Schedule Present Draft Feasibility Report November 19, 2002 Neighborhood Information December, 2002 Public Hearing/ Authorize Plans & Specs December 17, 2002 Approve Plans & Specifications March 2003 Permit Approval March 2003 Open Bids/Award Contract April 2003 Project Completion October 2003 Assessment Hearing February 2004 First Payment Due with Real Estate Taxes May 15, 2005 12 J/0 APPENDIX • Appendix A - Preliminary Cost Estimate • Appendix B - Assessment Calculations & Preliminary Roll • Figure 1 - Project Location Map • Figure 2 - Proposed Frontage Road & Storm Sewer Improvements - Phase I • Figure 2A -Frontage Road & Storm Sewer Improvements - Phase II • Figure 3 - Utility Improvements • Figure 4 - TH 55 Turn Lane Improvements • Figure 5 - Proposed Typical Section • Figure 6 - Easement & Right-of-Way Map • Figure 7 - Parcel & Assessment Map 13 l Appendix A TH 55 Frontage Road/Gift of Mary Street & Utility Improvements City Project No. 874 Preliminary Cost Estimate 1. TH 55 Frontage Road w/Storm Sewer Est. Unit Est. Item Qty Unit Price Cost Mobilization 1 LS $5,000.00 $5,000.0 Clear & grub tree 20 EA $200.00 $4,000.0 Common Excavation 1,200 Cy $4.00 $4,800.0 8" Class 5 Aggregate Base 1,500 TON $8.00 $12,000.0 2" Bituminous Base Course 370 TON $32.00 $11,840.0 Bit. Tack Coat 150 GL $2.00 $300.0 1" Bituminous Wear Course 200 TON $37.00 $7,400.0 B618 Concrete Curb & Gutter 1,800 LF $7.00 $12,600.0 4" Topsoil Borrow (LV) 1,100 CY $8.00 $8,800.0 Seeding w/Mulch 2.5 AC $2,000.00 $5,000.0 Silt Fence 1,200 LF $3.00 $3,600.0 Traffic Control 1 LS $5,000.00 $5,000.0 15" Flared End Section 3 EA $1,000.00 $3,000.0 15" RCP, Cl. IV (10'-20' Dee) 300 LF $30.00 $9,000.0 18" RCP, Cl. V 50 LF $27.00 $1,350.0 18" Flared End section 2 EA $1,000.00 $2,000.0 CI III Rip Rap 40 CY $60.00 $2,400.0 Standard. Catch Basin w/castin 4 EA $1,200.00 $4,800.0 Standard. Catch Basin Manhole w/castin 1 EA $1,700.00 $1,700.0 Subtotal $104,59 + 10%Contin encies $10,46 Subtotal $115,05 + 35% Indirect Costs $40,27 + Right-of-way $23,60 TOTAL $178,92 14 II. TH 55 Turn Lanes Est. Unit Est. Item Q Unit Price Cost Common Excavation 180 Cy $8.00 $1,440.0 8" Class 5 Aggregate Base 230 TON $8.00 $1,840.0 3" Bituminous Base Course 90 TON $30.00 $2,700.0 Bit. Tack Coat 30 GL $2.00 $60.0 2" Bituminous Wear Course 60 TON $35.00 $2,100.0 4" White Line (Paint) 1,600 LF $0.25 $400.0 Pavement Message Left Arrow 2 EA $150.00 $300.0 Traffic Control 1 LS $2,000.00 $2,000.0 Remove Ex. Striping 200 LF $0.50 $100.0 Pavement Message (Right Arrow) 2 EA $150.00 $300.0 Subtotal $11,24 + 10% Contingencies $112 Subtotal $12,36 + 35% Indirect Costs $433 TOTAL $16,69 III. Trunk Sanitary Sewer Est. Unit Est. Item Q Unit Price Cost Traffic control 1 LS $2,000.00 $2,000.0 Std. Manhole over ex. Sanitary Line 1 EA $1,500.00 $1,500.0 Jack or auger 8" PVC w/cs . 200 LF $300.00 $60,000.0 4" Topsoil 40 CY $8.00 $320.0 Seeding w/mulch 0.2 AC $3,000.00 $600.0 Subtotal $64,42 + 10% Contingencies $644 Subtotal $70,86 + 35% Indirect Costs $2480 TOTAL $95,660.0 15 C L3 IV. Trunk Water Main Est. Unit Est. Item Qty Unit Price Cost Traffic control 1 LS $2,000.00 $2,000.0 Connect to Ex. water main 1 EA $2,000.00 $2,000.0 Jack or auger 8" water main w/casin 200 LF $300.00 $60,000.0 8" Gate valve & box 1 EA $1,000.00 $1,000.0 Remove bituminous pavement 100 SY $5.00 $500.0 6" Class 5 a e ate 35 TON $12.00 $420.0 3" Bituminous Base Course 20 TON $50.00 $1,000.0 1" Bituminous Wear Course 10 TON $60.00 $600.0 Subtotal $67,52 + 10% Contingencies $675 Subtotal $74,27 + 35% Indirect Costs $26,00 TOTAL $100,27 V. Lateral Sanitary Sewer Est. Unit Est. Item Q Unit Price Cost 8" PVC, SDR 35 Sanitary Sewer 860 LF $25.00 $21,500.0 Standard manhole 3 EA $1,700.00 $5,100.0 Subtotal $26,60 + 10% Contingencies $266 Subtotal $29,26 + 35% Indirect Costs $10,24 TOTAL $39,50 16 VI. Lateral Water Main Est. Unit Est. Item Unit Price Cost 8" Water main, DIP, C1.52 870 LF $25.00 $21,750.00 8" Gate Valve & Box 3 EA $1000.00 $3,000.00 Hydrant 2 EA $1,700.00 $3,400.00 Fittings 1,000 LB $1.50 $1,500.00 Subtotal $29,65 + 10% Contingencies $297 Subtotal $32,62 + 35% Indirect Costs $11,42 TOTAL $44,04 PROJECT TOTAL $4759080 PHASE II FRONTAGE ROAD COST ESTIMATE -INFORMATION ONLY Phase II TH 55 Frontage Road w/Storm Sewer Est. Unit Est. Item Q Unit Price Cost Mobilization 1 LS $5,000.00 $5,000.0 Clear & grub tree 20 EA $200.00 $4,000.0 Common Excavation 950 Cy $4.00 $3,800.0 8" Class 5 Aggregate Base 1,000 TON $8.00 $8,000.0 2" Bituminous Base Course 250 TON $32.00 $8,000.0 Bit. Tack Coat 110 GL $2.00 $220.0 2" Bituminous Wear Course 130 TON $37.00 $4,810.0 B618 Concrete Curb & Gutter 1,400 LF $7.00 $9,800.0 4" Topsoil Borrow (LV) 850 CY $8.00 $6,800.0 Seeding w/Mulch 1.7 AC $2,000.00 $3,400.0 Silt Fence 1,000 LF $3.00 $3,000.0 15" Flared End Section 1 EA $1,000.00 $1,000.0 15" RCP, C1. V Pie 70 LF $30.00 $2,100,0 CI III Rip Rap 5 CY $60.00 $300.0 Standard. Catch Basin w/castin 1 EA $1,200.00 $1,200.0 17 o1/ Standard. Catch Basin Manhole w/castin 1 EA $1,700.00 $1,700.0 Geotextile fabric 3,400 SY $2.00 $6,800.0 Granular borrow 2') 2,300 CY $10.00 $23,000.0 Sub grade excavation 2,000 CY $7.00 $14,000.0 Subtotal $106,93 + 10%Contm* encies $10,70 Subtotal $117,63 + 35% Indirect Costs $41,17 TOTAL $158,80 18 / ~!6 APPENDIX B ASSESSMENT CALCULATIONS Assessments for City Project No. 874 are assigned on a frontage basis to parcels in the project area. Assessment rates are computed as follows: Parcel Frontage on TH 55 Frontage Road 10-03800-070-02 85 Feet* 10-01200-060-02 244 Feet Gift of Marv (Lot 1. Block 1) 500 Feet (10-01200-080-02 10-01200-090-02 10-01200-010-01) TOTAL 829 Feet *85 Feet Residential Lot Equivalent Frontage The rates for the frontage road street improvements are as follows: Estimated Street Costs = $178,920 = $215.83 Per front foot* Total Frontage 829 ft. The rates for the lateral sanitary sewer improvements are as follows: Estimated Lateral Sanitary Sewer Costs = $39,500 = $47.65 Per front foot* Total Frontage 829 ft. The rates for the lateral water main improvements are as follows: Estimated Lateral Water Main Costs = $44,040 = $53.12 Per front foot* Total Frontage 829 ft. *Frontage Road and Lateral will be limited to the rates identified in the City's 2003 Fee Schedule, as follows: Frontage Road (Street - Multiple and Institutional) $131.85/ Front Foot Lateral Sanitary Sewer (Unplatted and platted non-residential) $24.00/ FF Lateral Water Main (Unplatted and platted non-residential) $24.25/ FF 19 a/ 9 PRELIMINARY ASSESSMENT ROLL TH 55 FRONTAGE ROAD/ GIFT OF MARY STREET & UTILITY IMPROVEMENTS PROJECT NO 874 1. Laterat/Front Footage Assessments Parcel I.D. Totals 10-01200-080-02 10-01200-090-02 10-03 8 00-070-02 10-01200-060-02 10-01200-010-01 (Lot 1, Block 1 Gift of Mary) Address 3400 Hwy 55 N/A N/A Front Footage (FF) 85 *(1) 244 500 829 Street Rate (perFF) $131.85 $131.85 $131.85 Street Assmt. $11,207 $32,171 $65,925 $109,303 Lateral Sanitary $24.00 $24.00 $24.00 Sewer Rate ( erFF) Lateral Sanitary $2,040 $5,856 $12,000 $19,896 Sewer Assmt Lateral Water Main $24.25 $24.25 $24.25 Rate erFF) Lateral Water Main $2,061 $5,917 $12,125 $20,103 Assmt Totals $15,308 $43,944 $90,050 *(2) $149,302 *(1) NOTE: Residential Lot Equivalent FF *(2) NOTE: To be collected with development 20 PRELIMINARY ASSESSMENT ROLL (Continued) TH 55 FRONTAGE ROAD/ GIFT OF MARY STREET & UTILITY IMPROVEMENTS PROJECT NO 874 II. Trunk Area Assessments Parcel I.D. Totals 10-01200-080-02 10-01200-090-02 10-03800-070-02 10-01200-060-02 10-01200-010-01 10-01200-040-02 10-01200-070-02 (Lot 1, Block 1 Gift of Mary) Address 3400 Hwy 55 N/A N/A Area (acres) 7.571 3.736 36.874 48.181 Trunk Water Main $2,115 $2,115 $2,115 Rate Trunk Water Main $16,013 $7,902 $77,989 $101,904 Assmt Totals $16,013 $7,902 $77,989* $101,904 * NOTE: To be collected with development Trunk Sanitary Sewer assessments have been previously collected from all properties within the project area. G: FEASIB/L17Y REPORTS/03/874 TH SS/Gijr of Mary -Draft Feasibility Report (use this one) 2 al MENDOTA HEIGHTS INTERSTATE 494 s ~ I tn. 44, Iw ~y I 0 LONE OAK ROAD 1 - w Q T i Z J +0 I Project Location YANKEE DOODLE RD. s oR. a i P fWESCOTT ROAD UI ^ _ ' (^1 ~ I V T.H. 55 Frontage Road / Gift of Mary Fig. 1 City Project No. 874 Location Map Oct. 22, Zooz City of Eagan C-04 ale CIO/ ~J v 1 , , , , , Vet°E ROP 00G~ W god 60 R ~ , 0- o8~'p2 , ER ~ s 5 P - 0 , 060~p2 ~ W~~° 1 , , t 10 10 14** ED 'kill v A r ♦ TRUNK HWY. 55 °?,\\i EX ERE ~0 0 ~`9U~82 m~ Nay ,2.~°p2 ~ MaH a Gm of oo Q p o ~e o ~o~eme~ts N G\ky Pr Se;e \tnP P ~oR~ S Stiseek Z i ~ ~a9an K GA Q o~ . 100 OV O ' y~ PROPOSED SCHOOL r d~ S~0 NERS # go AV ~w • • TRUNK HWY. 55 \wrNo F\9~t02a R`vEWPOJ~~ 0" 12.2ppz EX• 0E REM ot MaN N 002,618 A C pe\ 65F~°~P ode eNo ~o~e~e~ts O~~ N Gay PraSe~e~ \mp ~S Sheet & s~o rd K man G+~ °t J 0 010-01 Q L SCALE: 1' = 200' C 4 A~ ti 7`r 04 070-02 0 of Ma's I G 11 I , B~ ck N 060-02 ~ i I Lot 4\ it I , i I I 080-02 = II 8" WATERMAIN I > I 8" SAN ITARY SEWER o S 090-02 ACWATOR AUGE ERMAIN JAC OR AUGER / 8 SANITARY I SEWER I I ~ ~,Ex,B~ s rRvNk CONN TO ~ I EX STEC ATE MAI \A~I TAY SE►y y~, SS C NSTRUCT MH OVER £R C] EX. 8 SEWER \ c EX. 6" WA ERMAIN ~N00- m GCE 20 19 eOR O 010-06 23 22 21 `~RQ ,4"1' qpp tii~~s - ' Chapel CL 18 1 2N m Z T.H. 55 Frontage Road / Gift of Mary Figure 3 City Project No. 874 Nov. 8, 2002 City of Eagan Utility Improvements i 0 Q ^ V^ LOT 2 yc✓ SCALE: 1' = 200' o-o-o^ B10Ck N1a~l 0'0-02 11 060-02 D I I i 080-02 11 II I ~I II Ii t II 28' WIDE ROAD II 1 IN 60 ROW t t ~eo~ i t 090-02 0 TUORNTLANE LEFT T RUNK m ti STRIPE RIGHT-TURN S 020-03 LANE ON EX. SHOULDER GRP~p ~~G~ c J P ~ 000- I 51 4 NER V~ 010-06 20 19 a 23 22 21 a m ~ Chapel Lane 3 T.H. 55 Frontage Road / Gift of Mary Figure4 a T.H. 55 Turn Lane Improvements Oct 17, 2002 City of Eagan 04 49( r yF ft.r 0~0~p2 200 ~ a SoP~ C Qj~pG~O 1+~ o,o,p2 , ~5 oeo' + pRppEo p~- '11 .z ~ Rpp.4 ~N 6 \o go* TRUNK HWY. 55 ✓i P (fi N Oo R1~S~MEN ✓ 2t 0 0 oe 23 2- ~+9°~e6 Oct M ~ G~~t of ~on MaP yg F ay pcA N• nt~O{ w s, ~ ~~9ar i CA LONE OAK ROAD i Q f F\fl :D GAP NO SCALE 040-02 0 o 0 030-02 0 020-02 \ N C N s 010-01 ' g~OCV. t i' ift Ot Mary CID 00 I_ G 060-02 o Qr > c i 0 c A/A ~ !!L^^ tL F ~o F C 244 00 FF f,SC0,0 090-0z FF Q SO s y ~ 63 0 FF Ai I r , i Nk yam- C-1 Ss d 10-06 Cl n ~v Assessable Footage ""'r' J 85' Residential Lot Equivalent Frontage v z 3 T.H. 55 Frontage Road / Gift of Mary Figure 7 w City Project No. 874 Nov. 8, 2002 City of Eagan Parcels & Assessment Agenda Information Memo December 17, 2002 Eagan City Council Meeting A. CONSIDER EAGAN GREENWAY CORRIDOR LANGUAGE/ FRIENDS OF PATRICK EAGAN PARK RESOLUTION ACTION TO BE CONSIDERED: Consider resolution prepared by Friends of Patrick Eagan Park FACTS: • Friends of Patrick Eagan Park have drafted a resolution for the City of Eagan's consideration regarding a greenway area in central and southern Eagan. • The resolution was presented at the regular meeting of the Advisory Parks Commission of November 18 of this year. • The APrC did not adopt the resolution as drafted by Friends of Patrick Eagan Park. APrC action (8-1) was a separate motion to recommend that Council open discussion on the matter of preservation efforts for the greenway, to recognize the significance of the corridor, and to identify potential partners in these efforts. ATTACHMENTS: q Friends of Patrick Eagan Park Resolution, pg.~" cpc~ Resolution Monday, November 18, 2002 Sponsored by Friends of Patrick Eagan Park Whereas the Eagan Core Greenway represents over 400 contiguous, largely undeveloped acres stretching from Lebanon Hills County Park to Patrick Eagan Park and the undeveloped or minimally developed land around it; Whereas the Eagan Core Greenway consists of the forested land and wetlands north of Lebanon Hills' McDonough Lake, as well as Eagan's Trapp Farm Park, Walnut Hill Park, Goat Hill Park, the Lexington-Diffley Athletic Fields, the Caponi Art Park, Patrick Eagan Park, Barbara Curry Park, and the Anderson and McCarthy parcels; Whereas the Eagan Core Greenway signifies an important local wildlife corridor and regional eco-system; Whereas Eagan-based Friends of Patrick Eagan Park have rallied around preserving this superb community resource, and have created an informative Web site (www.friendsofT)atrickeag_anpark.org) and an E-group with several hundred members (Or anizer(&FriendsofPatrickEaganPark.org_) for the purposes of fostering communication between the group, announcing group-related news and events, and contributing to worthy causes in support of Eagan Core Greenway and Patrick Eagan Park; Whereas the McKnight Foundation's recently initiated year-long Embrace Open Space Campaign has showcased the Eagan Core Greenway as one of the Twin Cities' "Top-Ten Treasures"; Whereas the Sierra Club North Star Chapter has recently commenced its autumn "Tour de Sprawl" at the Eagan Core Greenway's Patrick Eagan Park with local and national speakers who spoke about the importance of recognizing and preserving such green space; Whereas the State of Minnesota's Department of Natural Resources' Metro Greenways Program has recently awarded Eagan an $8000 planning grant to formally establish the Eagan Core Greenway; Whereas a number of local and regional groups such as the Trust for Public Land have stepped forward and expressed an interest in partnering with the city to help ensure the preservation of the Eagan Core Greenway; Whereas the voters of Dakota County have just passed (by a vote of 57% in favor) a $20 million ten-year bonding referendum to acquire and protect open space in the county, including green space in Eagan's northern district of the county; 0~ 6~ 4? 0 Therefore let it be resolved that on this 18th day of November, 2002, we the Eagan Advisory Parks Commission endorse the following resolution and request that the Eagan City Council endorse the same: The City of Eagan's Advisory Parks Commission hereby recommends that the Eagan City Council: A. Recognizes the Eagan Core Greenway, acknowledging its significance to the community as well as to the environment; B. Requests that the City open discussions to secure the preservation of the greenway, with attention to the remaining parcels of land in proximity to Patrick Eagan Park; C. And that Eagan would like to identify appropriate partners to assist with the acquisition of this land for the Eagan Core Greenway, as it becomes available. a~~ Agenda Information Memo December 17, 2002 Eagan City Council Meeting B. 2003 FEE SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS ACTION TO BE CONSIDERED: To adopt a resolution approving the 2003 Fee Schedule establishing fees for various City services, supplies and materials. FACTS: • The Finance Department annually coordinates a review by all departments of the City's Fee Schedule. Recommended modifications are noted on the enclosed copy of the 2002 Fee Schedule. ATTACHMENTS: • Enclosed on page X1 is a copy of the resolution. • Enclosed on pages ej~Q through e~-33 is a copy of a memo from Chief Financial Officer Pepper noting certain changes. • Enclosed on pages a W through is a copy of the proposed Fee Schedule. a3o RESOLUTION CITY OF EAGAN APPROVING THE 2003 SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW, THEREFORE, BE IT RESOLVED that the fees as listed in the attached shall be effective January 1, 2003. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion by: Seconded by: Those in Favor: Those Against: Dated: December 17, 2002 CERTIFICATION I, Maria Karels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of December, 2002. Maria Karels, City Clerk o?, - city of eagao MEMO TO: Tom Hedges, City Administrator FROM: Tom Pepper, Chief Financial Officer DATE: December 11, 2002 SUBJECT: 2003 Fee Schedule Attached is a draft version of the 2003 Fee Schedule. Changes that reflect the usual nominal increases (e.g., water meter prices based on the City's cost, ENR index increases for street assessments and connection charges, etc.) and action already taken by the Council are not discussed in this memo. Other changes for consideration by the City Council are highlighted below: Page 6 Right-of-way management fees are reduced based on actual costs incurred. 8 Park and trailway dedication fees are increased per Advisory Parks Commission recommendations in November. 10 A fire suppression system permit fee of 1 % of contract price is incorporated into Commercial/Industrial/Apartment building construction. Permits will facilitate the aggregating of information for the State Fire Marshal. Currently, Apple Valley, Burnsville, Bloomington, IGH, Rosemount and So. St. Paul all issue fire suppression permits with fees ranging from 1.25% to 2% of contract price. 13 Lateral service charges for sanitary sewer and water have been added, formalizing a policy for collecting the type of improvement made, for example, in Project 751 R - South Dodd Rd. A number of these improvements were constructed but not assessed. Tom Colbert can provide additional background on this, if necessary. 15 A $10 manual meter reading/billing fee is added to those few commercial utility accounts that have interior deduct meters that have to be manually read by staff. 15 The administrative/billing fee for utilities staff or contracted labor is increased from 10% to 15%. o?3 Page 17 Street surfacing with grading fees per front foot increased greater than the ENR index rate this year pursuant to a study of actual costs performed by the City's consultant. 18-19A Parks fees are per recommendations approved by the Advisory Parks Commission. 23 Hourly equipment and staff charge-out rates have been increased roughly 25% as most of these rates have not been changed in the last six years. The exception is maintenance person (regular and OT), which was changed last year. 24 Antenna lease rates are increased 6% per contractual provisions. Let me know if you have questions about any of the proposed changes. Thank you. J33 c c ity of eagan 3 Orin 17 Z Approved by the City Council at its December 20ymeeting. Fees are effective January 1, 200x. 3 Table of Contents Page Licenses and Permits Alcohol ...............................................................................1 Other 2 Tobacco and Liquor License Violations ..............................4 Development Review 5 Construction-related Permits .......................................................6 Developer Escrow 7 Other Development-related Charges Park, Trail, Water Quality Dedication 8 Tree Mitigation/Replacement 8 Inspections Fees/Permits Building Permits .................................................................9 Mechanical Permits .........................................................10 Plumbing Permits .............................................................10 Other Inspections .............................................................11 State Surcharge ...............................................................12 Utilities Fees/Charges Connection/Availability Charges ......................................13 User Rates .......................................................................14 Other Utilities Fees ..........................................................15 Water Meters ...................................................................16 Street and Trail Special Assessment Rates ..............................17 Other Assessment-related Charges ..........................................17 Parks and Recreation Charges .................................................18 Police Department Charges 20 Fire Department Charges .........................................................21 Fire Department Training Room Rental 22 Equipment and Staff Rates 23 Miscellaneous Fees/Charges ....................................................24 Summary of Connection Charges 27 X35 3 200 FEE SCHEDULE LICENSES AND PERMITS Fee Alcohol Sales: Beer Application and investigation $ 350.00 (1) Off-sale license 75.00 On-sale license 350.00 Temporary license 25.00 Liquor Application and investigation 300.00 (2) Off-sale license 200.00 On-sale license 4,000.00 Sunday license 200.00 On-sale club license < 200 300.00 201-500 500.00 501-1,000 650.00 1,001-2,000 800.00 2,001-4,000 1,000.00 4,001-6,000 2,000.00 > 6,000 3,000.00 Temporary (up to 3 days) 150.00 Wine Application and investigation 200.00 (1) On-sale license 400.00 Sunday license 100.00 onsumption and display 25.00 N~ 1M5&"f, "4 700.0v Daily sports or convention - 50.00 AKhVA 4or Grxv~~ boo-00 Duplicate li ense 5.00 (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and investigation fee is $350.00. (2) Also requires an escrow deposit of $1,000.00 for up to 5 persons requiring investigation plus $200.00 for each additional person if the investigation is conducted in Minnesota, or $2,000.00 for up to 5 persons requiring investigation plus $400.00 for each additional person if the investigation is conducted outside Minnesota. 1 C9 13 (41 ,3 200 FEE SCHEDULE LICENSES AND PERMITS (cont'd) Fee Adult establishments: Investigation $ 300.00 Requires $1,000 escrow Annual license 5,000.00 Adult companionship/escort service provider: Investigation 300.00 Requires $1,000 escrow Annual license (one license included w/ 850.00 adult establishment license) Amusement, mechanical 1-3 machines 25.00 per machine 4-9 machines 200.00 total 10-15 machines 350.00 total > 15 machines 500.00 total Contractors license - Plumbing MN Dept of Health Bond & Insurance Cert. or ($25,000), and MN Master Plumbers Cert. Sewer and Water Unlicensed ABC, LECET, or MUCA Pipelayer Training Certification & MN Dept of Health Contractor Bond Certificate ($25,000) Dance hall - initial investigation 300.00 Dance hall - annual permit 300.00 Dance, public - single event 50.00 Dangerous dog registration Original registration, sign, and tag 25.00 Registration renewal (2-year) 25.00 Development-related permits See pages 5 through 8. Dog license (2-year) 14.00 [Licenses are also available at all Eagan veterinary clinics.] Duplicate dog tag 2.00 Fertilizer, commercial turf applicator license 50.00 Gambling - investigation 250.00 Golf cart, motorized permit 25.00 Golf driving range license 50.00 Hunting, bow permit - resident 10.00 Hunting, bow permit - non-resident 25.00 2 c~Z7 3 200,iFEE SCHEDULE LICENSES AND PERMITS (cont'd) Fee Kennel permit - initial $ 100.00 Kennel permit - renewal 50.00 Massage therapy establishmt - investigation 300.00 Massage therapy establishmt - license 300.00 includes 1 therapist license Massage therapist - investigation 200.00 Massage therapist - license 50.00 Massage therapist - off-site application 15.00 Paintball facility - investigation 50.00 Paintball facility - license 150.00 Parade permit 25.00 Pawn shop - investigation 850.00 per owner Pawn shop - license 12,000.00 Pet shop license 100.00 Public utility maintenance vehicle permit 25.00 Rubbish hauler - comm'l, residential, recycling only, or construction/demolition debris 1 st truck 50.00 Each additional truck 25.00 Service station license 100.00 Shows (circus, carnival, etc.) Investigation 50.00 License 25.00 Stables license 50.00 Tobacco sales license 100.00 Tree contractor license 25.00 3 ;3£( 2002 FEE SCHEDULE TOBACCO A Ito ICENSE VIOLATIONS: Licensee: First violation at licensed premise $ 75.00 Second violation within 24 months of first violation at licensed premise 200.00 Third and subsequent violations within a 24-month period at licensed premise 250.00 Other individuals: 50.00 L16ZLoa. UG S~ ✓~v ~iJS tions4e- ~te,r~ djo( *c4vt wctlomh 24 ~ tgt7v ,ov ew . - - ('Sva~vo sewAilYAA7 f~ V-~ Z,aom.pO 4 3 200 FEE SCHEDULE DEVELOPMENT REVIEW For the charges below that require escrow deposits, refer to p.7 for the amount. Application Type Fee Escrow required? Comprehensive Plan Amendment $ 300.00 Yes Conditional Use Permit (CUP) ` 150.00 Yes Final Planned Development 100.00 Yes Final Plat 200.00 Yes Final Subdivision 100.00 Yes plus 3.00/lot Final Subdivision extension 75.00 No Interim Use Permit (IUP) * 150.00 Yes Planned Development - annual review 100.00 No Planned Development Amendment 150.00 Yes (separate from rezoning) Preliminary Planned Development 250.00 Yes Preliminary Subdivision * 300.00 Yes Rezoning * 250.00 Yes Variance-commercial/industrial only * 150.00 Yes Waiver of subdivision - duplex lot splits * 50.00 No Waiver of subdivision - single-family zoned * 300.00 No Waiver of subdivision - other * 150.00 Yes * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. 5 n (lo 3 200,iFEE SCHEDULE DEVELOPMENT REVIEW (cont'd) Fee Driveway agreement preparation $ 200.00 Lot combination agreement 200.00 Vacation proceedings 300.00 plus out-of-pocket City costs on replacement easements and/or transfer of property if handled outside normal subdiv. process Industrial revenue bond and multi- 500.00 plus out-of-pocket City costs family housing bond processing Tax increment processing fee 500.00 plus out-of-pocket City costs CONSTRUCTION-RELATED PERMITS Construction in City right-of-way/easement Driveway/sidewalk 20.00 Grading/excavation If preliminary platted 300.00 If not preliminary platted 0-5 acres 200.00 each additional acre over 5 50.00 (600.00 maximum Renewal 200.00 RIGHT-OF-WAY (ROW) MANAGEMENT FEES ROW registration fee 40.00 ROW excavation permit -2~ 1$0,00 ROW excavation fee (new development) 410.00 go.oo Obstruction permit 50.00 6 a~( 3 200I FEE SCHEDULE DEVELOPER ESCROW The City requires the following escrow deposits from developers. The amounts represent initial deposits, not actual charges. Additional deposits may be required as City costs are incurred. Initial Escrow Deposit Preliminary Subdivision application OR $ 150.00 per acre Preliminary Planned Development OR 1,500.00 minimum for single fam Waiver of Subdivision-other OR 3,000.00 minimum for C/I and Comprehensive Plan Amendment townhomes/multiples 4,800.00 maximum Final Planned Development 2,000.00 Final Plat 500.00 Final Subdivision application -1-3 lots 2,000.00 Final Subdivision application - 4 or more lots 4,000.00 Contract management < $150,000 estimated construction costs 8% of costs 1,000.00 minimum $150,0014500,000 est constr costs 6% of costs 12,000.00 minimum > $500,000 estimated construction costs 5% of costs 30,000.00 minimum Conditional use permit 500.00 (Not required if subdivision escrow has been collected as part of same application.) Interim use permit - when site plan is involved 500.00 (Not required if subdivision escrow has been collected as part of same application.) Rezoning 500.00 (Not required if subdivision escrow has been collected as part of same application.) Variance (Commercial/Industrial only) 500.00 3 200 FEE SCHEDULE OTHER DEVELOPMENT-RELATED CHARGES Fee Parkland dedication: Single-family 11(o28 ,c4 1;'d MO per unit Duplex Jrl.6,tw 1;648:9 per unit Townhouse/Quad l44--jb.o& 1*,** 90 per unit Apartments/Multiple 1,4416,00 t-,444.00 per unit Commercial (post-1/1/83) 4,T3oj,~ 4;tmeo- per net acre Industrial (post-1/1/83) .4, It t,oo a*, +&..90 per net acre Commercial/Industrial (pre-1/1/83) 2.r%.ve# $ per net acre Trailway dedication: Commercial/Industrial V o 4 966-90 per net acre Residential I91-ov 1$3,80 per unit Water quality dedication: Charges are based on the following per-acre land values: Single-family 30,000.00 Duplex 30,000.00 Townhome 34,875.00 Apartments, Schools & Churches 38,054.00 Commercial/Industrial 56,000.00 Excavation rate 3.00 per yard Tree mitigation/replacement: Refer to City Code section 11. 10, subd. 15.1 for calculation. Individual trees 120.00 per diameter inch Woodland areas 1.20 per sq ft of woodland 8 ~ 200 FEE SCHEDULE INSPECTION FEES/PERMITS Building permits: Building permit fees are based on the 1997 UBC Fee Schedule. Permits are issued to specific lots. A change in address or lot after issuance is subject to a $50.00 transfer fee. Permits with valuation exceeding $10,000 are subject to a Plan Check charge. In addition, there is a State surcharge on all permits; the surcharge fee schedule is on page 12. The following connection and availability charges are also collected with the building permit fees: Sewer availability charge (Met. Coun- 2.?S,oo cil Environmental Svcs - SAC chg) $4;tee-ea (These fees are for Sewer availability charge (City) 100.00 single-family dwelling Water supply and storage (City) qoS-oo 8$9:00 permits; see pp. 13 & 16 Water meter (5/8") I2A .oo 448'00 for fees for other Treatment plant charge construction types.) Building permit valuation Fee < $500 $ 30.00 501-2,000 30.00 plus 2.60/ $100 valuation* > $500 2,001-25,000 69.25 plus 14.00/ $1,000 valuation* > $2,000 25,001-50,000 391.75 plus 10.10/ $1,000 valuation* > $25,000 50,001-100,000 643.75 plus 7.00/ $1,000 valuation* > $50,000 100,001-500,000 993.75 plus 5.60/ $1,000 valuation* > $100,000 500,001-1,000,000 3,233.75 plus 4.75/ $1,000 valuation* > $500,000 > 1,000,000 5,608.75 plus 3.65/ $1,000 valuatn* > $1,000,000 Puilding permits for selected work at existing residences: Wt! (G~~ Bacot remodel, deck, fireplacedireplace stove, .aad nail salon, ArYa^MW"6. 69.00 plus 1.00 State surcharge 40oS~ Ft. , / * or fradVon thereof 200 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Mechanical permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) Fee New construction ,re 70.00 per dwelling unit Modification/alteration (i.e., furnace fe -ee~errt) 30.00 (Permit not required for lower-leve~ ductwork alterations.) Supplementary furnace 50.00 per dwelling unit Commercial/Industrial/Apartment buildings HVAC 1% of contract price ($50.00 minimum) Process piping systems 50.00 Plumbing permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) New construction 90.00 per dwelling unit Modifications that alter living area 50.00 Add/replace softener, water heater 15.00 Private sewage disposal system 100.00 (includes 40.00 A4,A4 v,A( , ptr 4.5 _ 4Wk ( 0.00 County permit fee) Abandonment of private sewage disposal 50.00 system-demolition umaround 50.00 Commercial/industrial/Apartment buildings V11 lumbing `r 1% of contract price (~KQpmmMur'm) & - wk+,> / r w , O 46 1.ffWe,,:M Pef rm' 11.~unfrmgkpiw [Led~c.L~, PK~wr~ ~ uK~ ~ 30,00 Ifi tr~~~0i,~ sus 30,00 10 ~ 3 200~FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Other inspections fees: Fee Electrical permits Issued by the State Plan check (applies if valuation > $10,000) 65% of building permit fee Demolition permit $ 75.00 PA~ C"C' 50_0 1> Mo ng permit-building 75.00 plus cost of damage/ repairs. Escrow to be determined on case- by-case basis. Sign permit 2.50 per square foot Wind energy, radio and TV tower permit Based on value-see building permit fee schedule Underground storage tank installation/removal 70.00 Building permit investigation fee 50% of plan check fee (applies to approved permits abandoned by applicant) Bldg/Plbg/Mech permit investigation fee Double the base fee (applies when work commences prior to permit issuance) Lot transfer or address change fee 50.00 Replacement building permit field card 5.00 Duplicate certificate of occupancy 5.00 Re-inspection fee 50.00 per hr. -1 hr minimum After-hours/weekend inspection fee 50.00 per hr. - 2 hr minimum Address change after building permit issued 50.00 Permit refunding fee 50.00 State of MN contractor license verification 5.00 Street name change application 100.00 plus out-of-pocket City costs 11 p2 T~ 3 200,1 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) State surcharge 1-- ig, inechemieel, plumbing . The State of Minnesota requires the following permit surcharges to be collected by a the City and remitted to the State. ` Fee Value-based permits < $1,000,000 valuation .0005 x valuation 1,000,001-2,000,000 500 +.0004 x (valuation -1,000,000) 2,000,001-3,000,000 900 +.0003 x (valuation - 2,000,000) 3,000,001-4,000,000 1,200 +.0002 x (valuation - 3,000,000) 4,000,001-5,000,000 1,400 + .0001 x (valuation - 4,000,000) > 5,000,000 1,500 + .00005 x (valuation - 5,000,000) Fixed-fee permits Permit amount 1,000 or less .50 Permit amount > 1,000 Permit fee x .0005 ~vtcc, Mttit,(~p1wwcbt•i,4'rix F7k K*VVA ~Cf K4,1 S P~~t d~ mss s~ pug •w••r•r~ > ao~ P~t-~, x . eno~ 12 a T-1 -3 200I FEE SCHEDULE UTILITIES FEES-CONNECTION/AVAILABILITY CHARGES Trunk charges: Fee Sanitary sewer oversize Unplatted and platted non-resid. 2 0l o $ 4-055 per acre Platted residential x'75 945 per lot Water main oversize Unplatted and platted non-resid. Z 1(S 24A5S per acre Platted residential o IS SO&- per lot Storm sewer oversize Single-family 99AA per sq ft Multi-family • 11 3(i2- .13.5 per sq ft Non-residential . 1$15 .1x.% per sq It Lateral charges: Sanitary sewer 48 -0o 4"o per centerline foot Water main Single-family 41.Sb 476.420 per centerline foot Multi-family and non-residential (v 1, 4U 594- per centerline foot Storm sewer (based on pipe at 15' depth) 12" storm sewer 52.60 SI^1~- per centerline foot 15" storm sewer f f 50 per centerline foot 18" storm sewer 51.40 66:90 per centerline foot 21" storm sewer ".,70 69:9@--per centerline foot 24" storm sewer 1(,-jp -69.9E) per centerline foot Sanitary sewer availability (SAC): MCES portion-all property types 1.1,15.90 tleM per SAC unit * City portion-all property types 100.00 per SAC unit * Water supply and storage: Residential Jos 4M per SAC unit * Non-residential 3135 per acre Treatment plant: All property types Sf'e~ 540 per SAC unit * SAC units are determined by Metropolitan Council-Environmental Services (MCES). Slrif i cG ,g n S~.u,b 040 .oo a S 4w~ caqg s,`rvu„~. (plj'0 .ov ~r st-r✓~ce. K st" 13 *0. 00 tor Stw~ 3 200;(FEE SCHEDULE UTILITIES FEES--USER RATES Fee Sanitary sewer Residential and Commercial/Industrial (Usage is based on lower of winter quarter and current quarter water usage.) Administrative fee $ 2.30 per bill All usage (min 3,000 gal/qtr) 1.75 per 1,000 gallons Sewer-only (no peatqr connection) 37.30 per quarter YnG~ UA► I`AAAt I Wklo' 4t4 - ACAX. MLA (0,00 Ptr Mtier, Iex nab Water J Residential and Commercial/Industrial Administrative fee br.no -4.:Fe per bill All usage 1.00 per 1,000 gallons Hydrant/construction meter-minimum 5.00 per day Storm water drainage All properties except R3 (P 'T7 per REF/qtr R3 properties (20% credit) 542, 5.26 per REF/qtr Street/signal lighting Neighborhood lights Single-family, twin homes (R1/R2) 3.10 per qtr/lot Townhomes (R3) 2.48 per qtr/unit Multiple residential 9.70 per qtr/account Non-continuous 4.15 per qtr/acre Continuous (per LF basis) .127 per qtr/LF Continuous (per acre basis) 17.60 per qtr/acre Individual lights 100 WHPS 18.85 per light/qtr 150 W HPS 30.50 per light/qtr 200 WHPS 30.25 per light/qtr 250 WHPS 41.70 per light/qtr Community and signal lights R11R2 1.70 per unit/qtr R3 1.36 per unit/qtr R4 1.05 per unit/qtr Non-residential 6.80 per unit/qtr a~9 14 3 200IFEE SCHEDULE UTILITIES FEES-OTHER Fee Water shut-off $ 30.00 (7 a""' - 4 Water meter removal/replacement/resealing 30.00 C7 '4 Radio meter read 157.00 Utility bill late charge 1.5% per month on unpaid balance Certification fee on delinquent utility bills 25.00 per parcel Sewer permit-new or repair of existing 50.00 Water permit-new or repair of existing 50.00 6-16 14 rvjAZ U& pa Temporaryconstru tion ydrant meters (6 mo max) Permit fee 40.00 Qtr Ow" tf% 3`t ~,Hydrant damage deposit 200.00 ~s ' 3 Meter damage deposit ,:99 It 00 3" backflow preventer & cart damage deposit 1,800.00 Trip fee if required) 30.00 14" f tJQ.# frtV~- raEt,,►Wfat' 24.ov Scheduled after-hours work Call out-2.5 hour minimum OT labor rate plus49 o admin fee to max admin ofd~b0ZO Extended day OT labor rate plus +e% admin fee Meter testing (charged only if meter tests correct) 5/8" through 1" 60.00 1 through 2" 90.00 All other sizes Contract cost plus 40% 15' Water tum-on before all work satisfactorily completed (Fee includes refundable deposit of 170.00) 200.00 Private hydrants Maintenance/flushing 30.00 Repair Time and material IV Utilities customer list Mailing labels 125.00 Electronic transmission, weekly new customer list 50.00 per year '~'o 15 3 200 FEE SCHEDULE UTILITIES FEES-WATER METERS Fee Water meters (includes copperhorn/strainer, remote wire, and touch-pad meter) 5/8" x meter $ 44&00 17, 09 meter 452. (.510'.09 1" meter 1'99°68 Z06.e0 1 meter 0& s}g 4.00 2" compound meter t4N-00 1,9LO,00 3" compound meter 2,264A0 2,4 11.00 4" compound meter X2-00 3,1 oz..po 6" compound meter -6,9A9~0 (0,100-09 1 turbo meter -745:90 161.00 2" turbo meter -923.00 992-.00 3" turbo meter +x-440 Y314 -OD 4" turbo meter 48"0 1112-4 OO 6" turbo meter a4,85-.e0 3,57i?.Oo Replacement remote wire (over 50') :44-- per foot . 1- 2.-Replacement outside touch-pad meter -t&QG (-I. ov #2 copperhorns only 4Z04- lq O Meter strainers only 2" strainer 280.00 3" strainer t%.= 3$9 Do 4" strainer 555 -X35 J90 6" strainer 753.09 765.Db 16 200I FEE SCHEDULE STREET ASSESSMENTS Fee Residential-32' wide Street surfacing $ -37-:95 per FF 3905 Street surfacing with grading -69a~ per FF &C-55 Street surfacing with storm sewer -&2-8t- per FF 5''+•% Street surfacing w/ grading and storm sewer -6 6-~5 per FF S2.°Q Multiple and Institutional-44' wide Street surfacing -69-43 per FF (~4•~is Street surfacing with grading per FF I'~'I'•'~° Street surfacing with storm sewer X89:4$- per FF 9 Street surfacing w/ grading and storm sewer -UALLO per FF 13I .$S Commerciallindustrial Street surfacing x.60 per FF 'It Street surfacing with grading ' i 08.9& per FF Street surfacing with storm sewer -117:30' per FF l t~~5 Street surfacing w/ grading and storm sewer W.66- per FF tL1.°S TRAIL ASSESSMENTS 4-go Concrete--6' wide (includes &3-Off F sod/grading) per FF Z~1•Z° Bituminous--10' wide (includes $3.861FF sod/grading) 4940 per FF 11 (05 4,00 OTHER ASSESSMENT-RELATED CHARGES Reallocation of special assessments 150.00 Assessment search 10.00 Pending assessment report 25.00 Final assessment report .50 per page (10.00 minimum) Copies of legal description, owners, etc. 1.00 per page C~ 5,0; 17 200,E FEE SCHEDULE PARKS AND RECREATION CHARGES Residents Non-residents All facility rental fees and charges are subject to 6.5% State sales tax. The following facility rental fees require a $150.00 damage deposit (exception: see note at bottom), payable at the time of reservation: Trapp Farm, Thomas Lake, and Blackhawk Park pavilions: All day rental (10am-10 pm) $ 405-84 110.00 $ 144,W 155.00 Half-day rental (10am-4pm, or 5-10pm) Y$4)& 15.00 tee-00 " -DID Blackhawk kitchen 8"9- 33'.ov 35-98 40.E Enclosed park shelter buildings: All day rental (10am-10 pm) 16"0 ( to .00 14e-60 [ SS•~ Half-day rental (10am-4pm, or 5-10pm) 7A-9a- 1 x.00 16"0 t (D •od Athletic facilities/shelters: u Fields-youth tournament (per field per day) 36-66 40PP , 9:98- -To.* Fields-all other users (per field per day) '55-88 (000 f46-A0 112.00 Lights, if required (per field per hour) 36-6e '35.00 46.99 70.00 Building cleaning (per day) 5&-80 ("0 .00 4-6-66 15',00 Community room-City Hall (NOTE: after-hours rental is 2-hour minimum): Youth groups-8 am to 4:30 pm deposit only N/A Youth groups-after hours (per hr) 9.66 10.100 N/A Local civic groups-8 am to 4:30 pm deposit only N/A Local civic groups-after hours (per hr) 28°6&, ZS.CO N/A Other citizen groups Per hour rental 2A-98- ZS.V° 50.00 Maximum one-day rental -2W-00 JW.0o 350.00 For-profit organizations Per hour rental .60-A0 00.00 -48:9e' FD•flO Maximum one-day rental 86E ~803$;.Oo 350,OA. 394.ov Note: School organizations that have a joint powers agreement with the City may use the City's park shelters and pavilions free of charge. However the organization must pay a $300.00 damage deposit per pavilion, per event, per school. as03 18 3 200 X FEE SCHEDULE PARKS AND RECREATION CHARGES (cont'd) Residents Non-residents The following charges are subject to 6.5% State sales tax. Sunshelters (per day) $ -80"- 35" $ W-90 S-Spo Picnic kit (requires $50.00 damage deposit) 3 items 7.00 10.00 Each additional item 3.00 5.00 Chuckwagon grill (per day) 39-N - 35.00 -r Ss;~0 Canopy (per day) -€~-g6- 0.09 7.5-W ga~Ov Extra picnic tables, each 10.00 N/A Trapp'F rm re d tubin facility: 1-30 pe a (per u ate) X-00 .0 31-60 le (per ur rate) 10 0 61- peo (p hone) 1 Field/facility maintenance fees: Traveling youth teams (per team) f&IN,11o.c') N/A Adult-up to 9 games (per team) 4J6:96 195." 959-60 31o.oo Adult-each additional game > 9 400 ppeor date ~#9 6> 45per date Concessions permit (maximum of 3) 215.00 N/A Civic Arena rental 10Joa' JvLPrime time (2 m-10pm weekdays) 145.00 per hr. 45.00 per hr. S~taowjw* Ora V .J~. oO ~ei~-1~r, c~D pv► h Tennis courts (per court per hour) 3.00 -"07-1 4 0g>-2 An 1'iA i ""f {fir p'1NA. k ~j.D 0 fvar 3 -00 1 1 Z0- V L14,. r 19 2DO3 Moonshine Paris: Upstairs - retreat/meeting space (includes availability of overhead/coffee pot/kitchen) • 8:00 am - Noon 70.00 80.00 • 1:00 pm - 5:00 pm 70.00 80.00 • 6:00 pm - 10:00 pm 85.00 95.00 • Full Day (8:00 am - 10:00 pm) N/A N/A 200.00 220.00 Downstairs - activity space • 8:00 am - Noon 60.00 70.00 • 1:00 pm - 5:00 pm 60.00 70.00 • 6:00 pm - 10:00 pm 75.00 85.00 • Full Day (8:00 am -10:00 pm) 175.00 195.00 Bandshell at Central Park: - Permitted use in partnership with Eagan Parks and Recreation meeting community entertainment criteria: No permit fee - Permitted use in conjunction with a Community Center paid permitted use - No permit fee - Other use by groups or organizations for private gain - $50.00 per hour ~q ~ 3 200,YFEE SCHEDULE POLICE DEPARTMENT CHARGES Fee Police/Fire reports: Accident report $ 4.00 Incident report Initial report 4.00 Subsequent additional pages .25 per page Weekly arrest report 20.00 per report Weekly accident report summary 10.00 per report polQr d~ Got rr 11.L~CG P y (:jPhotos up%First print 10.00 r%►,Ea(h additional .50 t fe F.bo Viewir~ accident reports (commercial users) .50 per report Audio tapes (C.~Py) 25.00 Vide types LOP 35.00 M *Moo Other Police charges: Alarm panel 8.00 per month BCA urine or blood test kit 10.00 Driver's license printouts 5.00 Fingerprinting 10.00 Handgun application, permit to carry 10.00 "No Parking" sign bagging fee 50.00 Police records check/clearance letters Law enforcement agencies no fee Non-law enforcement agencies 5.00 Repeat nuisance call, for third and subsequent calls 250.00 per call in a 365-day period Street closure 25.00 plus $25.00 deposit 20 CgSoCj 3 200)FEE SCHEDULE FIRE DEPARTMENT CHARGES Fee Fire reports: See Police reports, p. 19 Personnel/Equipment: Manpower $ 12.00 per hr (1hr min) Chiefs vehicle, rescue truck, grass rigs 150.00 per hr (1 hr min) Pumper, tanker, emergency support vehicle 200.00 per hr (1 hr min) Command vehicle, aerial 500.00 per hr (1 hr min) Safety house: Within City limits Fire prevention (schools, daycare) no fee Other special requests 25.00 Outside City limits County Mutual Aid cities (house only) 125.00 per day + mileage County Mutual Aid cities, manpower, supplies 150.00 per day + mileage Others (house only) 150.00 per day + mileage Others - House, manpower, material 200.00 per day + mileage Hazardous material containment/cleanup: Personnel: First half-hour no fee All time thereafter 12.00 per person per hour Supplies: First 20 lbs. absorbent no fee All supplies thereafter actual cost Equipment First half-hour no fee All time thereafter per equipment rates above Rescue boat 100.00 per hour (1 hr min) Hazmat trailer 100.00 per hour (1 hr min) 21 ~67 3 20V FEE SCHEDULE FIRE DEPARTMENT TRAINING ROOMS Room deposit of $150.00 to be paid at time of registration (After-hour rental is a 2-hour minimum) RESIDENT NON-RESIDENT Small Large Full Small Large Full Room Room Room Room Room Room Youth groups 8am-4:30pm deposit only N/A Youth gps after hours (per hr) 9.00 12.00 15.00 N/A Local civic groups 8am-4:30pm deposit only N/A Local civic gps after hrs (per hr)15.00 20.00 30.00 N/A Other citizen groups Per hour rental 15.00 20.00 30.00 30.00 50.00 75.00 Maximum one-day rental 250.00 600.00 For-profit organizations Per hour rental 30.00 50.00 75.00 30.00 50.00 75.00 Maximum one-day rental 250.00 600.00 Audio Visual 75.00 75.00 Computer connection for and/visual 200.00 deposit 200.00 deposit Microsoft PowerPoint 125.00 125.00 22 p~ 5F -3 200 FEE SCHEDULE EQUIPMENT AND STAFF RATES Hourly Rate Equipment: Pick-up truck $ 22.00 -4,00 One-ton dump truck X3-60 -1,400 Single-axle dump truck 32-:90 4-v, oO Tandem-axle dump truck 7M.W 5*0.00 Tractor 4518 W.00 Backhoe/loader --35-00 45' 170 Front-end loader 6+9(8 7S.4O Road grader X9.60 q o-o° Street sweeper *+:w so-Oo Roller or paver *6-69 I.T.QD Air compressor 43-90 2,0.00 Sewer jester or sewer rodder 439:60 1I'5,b0 Sewer vacuum-trailer or trailer ""0 11.5_ .00 Groundsmaster mower &k.ts tj ;00 Pump, 6" a9-w 140.00 Pump, 8" A6-180 +S J.%(> Skid loader 3&..eg' 45.70 Chipper J&.00 ?.J -&V Tanker 39-90 4.0-00 TV camera-service (1 hour minimum) 4%-90 mg-00 TV camera-main line (1 hour minimum) 404.00- 715U.00 Staff rates: Department Directors -2-g M 100.017 Assistant City Administrator 68:80 15" •vO City Engineer 40.00 151-00 Maintenance Superintendent 6S:A0 Il5' .00 C; Engineer/jr. $v,;( ~ 55:'00 -7 0.(70 Building Inspector 56 6(3 (~.pb Park Planner/ Lgft" ca,r, C AlfE 4 #40 56°66 .O~ Maintenance Supervisors v0.0A- I %W Senior Planner ,GOAD -7$-'00 Public Works Coordinator 5"17 ( S-oo Water ity► Coordinator 69.90 (5"00 4"W"4 Construction.Supewoisep Awtmir 58:80 Ios,o° Utility Construction Inspector JJ 40M 5V-0n Operations Analyst 49-96 6'0- D° Planner 49-99 J;0 - 00 Technician 4" 90.00 Maintenance Person --regular 101,06 36-6010 k - . - Maintenance Person-overtime f5.vo 46,00ok Intern IsCACYM•~l s~9-9~ -00 Survey crew (includes vehicle and equipment): 2-person >~.~g- $3'.vu 3-person 1 10 ,170 23 a~ / Z003 ffec~ive-~f28@3t- Hourly Rate City Attorney (Severson, Sheldon, Dougherty & Molenda) General Legal W-1 fl0/hour 115.00 Paralegal Fees -6-5:Oftour 70.0" Development related work W3:00/hvur 111.60 City CounciUAPC Meetings 4330/meeting %4- OW Consulting Financial Services Wobschall LTD S -42-5ftour 4S , as 23 A 6 d -3 200I FEE SCHEDULE MISCELLANEOUS FEEVCHARGES Fee Animal pickup $ 15.00 Animal impound 4.00 per day over amt billed to City by pound Antenna-Radio and PCS: Application 500.00 per site Site survey 500.00 per site Document preparation and plan review 2,000.00 per site Landscaping actual costs escrow of $2,000 per site required Site rent, 1-9 antennas 1~,~5- e- per site per year Site rent, each additional antenna 1 51p,on 447-Q&- per site per month Audio tapes-Board/Council meetings actual costs Certification fee for unpaid false alarm or weed bills 25.00 per parcel City Plans/Policies: -pCCA4 Geatwl Area Plan$ 3.00 Comp. Water Supply/Distribution Plan 50.00 Comp. Sanitary Sewer Policy/Plan 50.00 Comp. Storm Water Management Plan: Spiral bound 35.00 3-ring binder 50.00 Landscape Policy, Shoreland Zoning Ordinance, Sign Regulations or Tree Preservation Policy 3.00 Water Quality Management Plan 50.00 Data processing reports actual cost +10% Digital image photocopies Color: First 1 3.00 Each additional 1.00 BSW: First 1 1.50 Each additional .25 False alarm charges--commercial and residential: First 3 false alarms per year no charge Each false alarm after 3 75.00 Fee schedule 2.00 O~ Go 24 3 200I FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Invoicing charge 15% to max. of $10.00 Lodging tax 3% of gross receipts Mailing labels actual cost +10% Maps: City map (Lion's Club): First one free Each additional $ 1.00 Section maps: '/2 section-property only 10.00 '/2 section-property and planimetric 50.00 % section-property, planimetric, and contours 150.00 1/8 section-prop., planimetric and contours 40.00 '/2 section-aerial photo 6.00 section-property only 5.00 Trunk water or sewer system map 2.50 Water quality classification map 5.00 Specialty maps Based on staff rates (p. 22) Zoning or Comp Guide maps: 11 x 17 color 5.00 22 x 34 color 15.00 34 x 48 color 25.00 GIS Utility As-Built (1/4 section-digital format) 40.00 Other digital datalmapping Based on staff rates (p. 22) Market analysis study 50.00 Notary seal (non-City business): First 5 3.00 each Each additional > 5 .50 each Patch - Eagan Historical Trail 1.00 added 4127/00 Photocopies .25 per page Plans and Specifications 50.00 Research of City records (beyond readily 20.00 per hour available material) to 5 3 200I FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Returned check or ACH transfer fee $ 20.00 Sidewalk plowing 50.00 per lot per plowing Zoning letter Standard 10.00 Specialty Based on staff rates (p.-22~- 26 2001 FEE SCHEDULE SUMMARY OF CONNECTION CHARGES The following connection charges are provided for in the City Code. Some or all of them may be collected at the time of: 1) new development applications, 2) new connections to a utility system, 3) the issuance of building permits, and 4) enforcement of agreements; as appropriate in each individual circumstance. Fee Page Sewer Availability Charge (SAC) 9 & 13 Water Supply & Storage 9 & 13 Water Meter 9 & 16 Treatment Plant Charge 9 & 13 Plumbing Permits 10 Building Permits 9 & 12 Trunk Oversize Charges Sanitary Sewer 13 Water Main 13 Storm sewer 13 Lateral Charges Sanitary Sewer 13 Water Main 13 Storm Sewer 13 Sewer permit-new or repair of existing 15 Water permit-new or repair of existing 15 a~ 27 Agenda Information Memo December 17, 2002 Eagan City Council C. PRELIMINARY SUBDIVISION (ZEHNDER PONDS) - BRAD SWENSON ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create two single-family lots upon approximately 1.4 acres located north of Lone Oak Road between Pilot Knob Road and Lone Oak Lane in the SE '/4 of Section 4, subject to the conditions listed in the Advisory Planning Commission minutes. FACTS: • The site is currently vacant and wooded with large variations in topography. There is an existing wetland to the northwest of the site. The site slopes down from an elevation of 900 in the southeast corner to an elevation of 860 in the northwest corner. • The surrounding area is developed with single-family residential homes. To the south is an elementary school. • The site is located within Airport Noise Policy Zone 4, in which single-family development is a conditional use. • The lot configuration appears odd, and although the two lots are both more than ''/2-acre in size, the suitable area for building on this site is restricted by easements, slopes, wetlands, trees and setbacks, and there is little flat rear yard area adjacent to the buildings. • The construction of an overflow pipe outlet from Pond HDP-1, and the construction of a water quality basin, was approved by the City Council (City Project No. 806) in May 2001, in connection with approval of the Kennerick Addition subdivision north and east of this site. • A public improvement project providing for a pipe from, and acquisition of ponding easement over, Pond HDP-1, will need to be reapproved by the City Council prior to final subdivision approval for this development. • This development is proposed not to impact HDP-1, however city staff has expressed concerns about maintaining effective erosion control during construction. • Tree removal results partly from development and partly from the public improvements associated with City Project 806. The staff report discusses the removal responsibilities in greater detail. Required tree mitigation for the applicant calculates to 14 Category A trees, or an equivalent combination of Category B or Category C trees, to be fulfilled on site either near house construction (as landscaping) or through reforestation of graded areas near the pond. • The Advisory Planning Commission held a public hearing on November 26, 2002, and did recommend approval of the Preliminary Subdivision, subject to the conditions in the APC minutes. ATTACHMENTS (2): November 26, 2002, APC Minutes, pages through d&l Staff Report, pages through ~S~- MINUTES OF A REGULAR MEETING OF THE 'DREAGAN ADVISORY PLANNING COMMISSION '4FT EAGAN, MINNESOTA November 26, 2002 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, November 26, 2002 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Huusko, Members Steininger, Nosbush, Segal, Kaess and Gladhill. Also present were Senior Planner Mike Ridley, Planner Sheila O'Bryan, Planner Pam Dudziak, Assistant Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Segal moved, Member Steininger seconded a motion to adopt the Agenda. All voted in favor. Motion carried 6-0. October 22, 2002 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Gladhill made the following changes to page seven, paragraph six: Member Gladhill stated agreement with Member Segal and explained that residents who purchase property adjacent to agriculture k1 property have the right to expect that the development on the property would not be different. d^* antieipate dove) opment an afeas Member Steininger stated the minutes incorrectly reflect him as being present at the October 22, 2002 meeting. Member Nosbush moved, Member Gladhill seconded a motion to approve the October 22, 2002 Advisory Planning Commission meeting minutes as amended. All voted in favor. Motion carried 6-0. III. PUBLIC HEARINGS A. PRELIMINARY SUBDIVISION - BRAD SWENSON A Preliminary Subdivision (Zehnder Ponds) of approximately 1.4 aces to create two single family lots, located on Lone Oak Road east of Lone Oak Lane in the SE '/4 of Section 4. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 21, 2002. She noted the background and history. Chair Huusko opened the public hearing. Approximately 12 residents were present and expressed concern for the safety on Lone Oak Road, erosion control, distance of proposed homes to the slope, and the location of the driveway. City of Eagan Advisory Planning Commission Meeting ~~q~ November 26, 2002 T Page 2 Assistant Engineer John Gorder explained that the concerns regarding ponding would be addressed at the separate hearing designated for that matter. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Applicant Brad Swenson addressed the concerns of the residents. He explained that the issues with erosion are being addressed and corrected. He also explained the positioning of the homes on the property, eliminating the concern for erosion. He stated the County has requested that the driveway be lined up across from the School access. He stated the price range for the homes will be $350,000-$450,000. Member Gladhill stated approval of the application, however stated concern for future buyers and the noise created by the airport. He suggested a notification process so that the owners are made aware of the Metropolitan Council airport noise contours. City Attorney Bauer explained that the City could not require a noise notification in the deed; therefore it is up to the developer to notify the buyers. Member Nosbush moved, Member Segal seconded a motion to approve a Preliminary Subdivision (Zehnder Ponds) of approximately 1.4 aces to create two single family lots, located on Lone Oak Road east of Lone Oak Lane in the SE of Section 4 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, C1, C2, D1 and E1 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 4. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 5. A public improvement project providing for a pipe from, and acquisition of ponding easement over, Pond HDP-1, shall be approved by the City Council prior to final subdivision approval for this development. 6. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards. 7. This development shall dedicate restricted access, as required by Dakota County, along Lone Oak Road. 8. A cross easement providing for vehicle ingress and egress and maintenance of the shared driveway shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 9. This development shall meet the City's water quality requirements through cash dedication in lieu of treatment ponding. ~~7 City of Eagan Advisory Planning Commission Meeting DRAFT November 26, 2002 Page 3 10. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down-gradient resources and water quality. 11. The applicant shall submit a revised tree preservation plan, considering staff's calculations and providing for required tree mitigation in the amount of 14 Category A trees, or an equivalent combination of Category B or Category C trees. 12. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 13. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 14. This development shall be responsible for a cash parks dedication and a cash trails dedication for two lots payable prior to release of the plat for recording at the rates then in effect. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 21, 2002 CASE: 04-PS-16-10-02 APPLICANT: Brad Swenson HEARING DATE: November 26, 2002 PROPERTY OWNER: Brad Swenson APPLICATION DATE: October 30, 2002 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: North of Lone Oak Road in SE 1/4 of Section 4 COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST Brad Swenson is requesting approval of a Preliminary Subdivision to create two lots on approximately 1.4 acres located north of Lone Oak Road between Pilot Knob Road and Lone Oak Lane in the SE '/4 of Section 4, legally described as the South % of Lot 8, Zehnder Acres. 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. 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. ~~9 Planning Report - Zehnder Ponds November 27, 2002 Page 2 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." BACKGROUNDIHI STORY The Zehnder Acres subdivision was platted in 1950. Many of the lots within the original Zehnder Acres subdivision have been further subdivided and built upon over the years. This parcel is the south half of Lot 8 and remains vacant. In December 2000, the City approved a subdivision (Kennerick Addition) of land north and east of the subject site. Those development plans made use of the existing pond west of the subject site, as well as the northwest portion of the subject site, for storm drainage and water quality treatment. 70 Planning Report - Zehnder Ponds November 27, 2002 Page 3 EXISTING CONDITIONS The site is currently vacant and wooded with large variations in topography. There is an existing pond/wetland to the northwest of the site. The site slopes down from an elevation of 900 in the southeast corner to an elevation of 860 in the northwest corner. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zonin Land Use Designation North Single-family Home - R-l, Single-family LD, Low Density Vacant Residential South Pilot Knob Elementary PF, Public Facilities QP, Quasi-public School East Single-family Homes R-l, Single-family LD, Low Density Residential West Single-family Homes R-1, Single-family LD, Low Density Residential EVALUATION OF REQUEST Compatibility with Surrounding Area - The surrounding area is developed with single-family residential homes. To the south is an elementary school. 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 in the Metropolitan Development Guide 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, infill single-family residential development would be conditional. To approve such development in this area, the City Council would need 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. a 7 ~ Planning Report - Zehnder Ponds November 27, 2002 Page 4 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 2.5 miles southeast of the nearest runway at the airport. On an annual average, 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 510,000 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. The property will be most impacted by departures from Runway 12R. Approximately 17% of all departures are projected to use Runway 12R in 2005 and beyond. Although in Noise Zone 4, the property is not projected to be located within the boundaries of the MAC Part 150 Sound Insulation Program. The property is approximately three miles from the engine maintenance and run up area. (Issues #3, 4 and 8) While the Stage III airline fleet creates less noise per operation than the older fleet, the future net effect of such reductions is not certain. As such, regional policy requires that cities take current 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) Densitv - The proposed development has a gross density of 1.45 units per acre. Lots - Lot 1 is 0.80 acres in area and Lot 2 is 0.58 acres. The minimum width of public street frontage is 50 feet. The minimum lot width in the R-1 zoning district is 85 feet, which is measured at the front building setback line. a 7A Planning Report - Zehnder Ponds November 27, 2002 Page 5 While both lots appear to satisfy these dimensional standards, the lot configuration is odd. The lot. configuration appears to be a creative attempt to get two building pads on this restricted site. Although the two lots are both more than '/2-acre in size, the suitable area for building on this site is restricted by easements, slopes, wetlands, trees and setbacks. The proposed buildings are built up to the top of, or into, the slope. Consequently, there is little flat rear yard area adjacent to the building. Setbacks - The R-1 zoning district requires a rear yard setback of 15 feet for the principal structure and a side yard setback of 10 feet. A garage may be located up to five feet from the side lot line. Landscaping - A landscape plan is not required for single-family residential development. Grading - The preliminary grading plan is acceptable. The site is mostly wooded with large variations in topography, with elevations ranging from 860 in the northwest corner to 900 in the southeast corner. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage - Existing storm drainage patterns will be maintained with this development. Storm water runoff will continue to Pond HDP-1 (as designated in the City Storm Water Management Plan - 1990) in the northwest corner of the property. The construction of an overflow pipe outlet from Pond HDP-1, and the construction of a water quality basin, was approved by the City Council (City Project No. 806) in May 2001, but the ability to assess the project has subsequently lapsed. A public improvement project providing for a pipe from, and acquisition of ponding easement over, Pond HDP-1, should be reapproved by the City Council prior to final subdivision approval for this development. Wetlands/Water Quality - This proposed subdivision is located in the City's H-watershed, which is in the northwest corner of the City and which drains to the Minnesota River. Because the development is small, on-site treatment of stormwater for water quality purposes is not practical. Nevertheless, in accordance with the policies the City has had in place since 1990, the 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. A 0.6-acre natural wetland (City Pond HDP-1) is located to the northeast of the planned subdivision. Under the classification system of the U.S. Fish and Wildlife Service, HDP-1 is classified as Type 5, according to the wetland delineation report filed June 14, 2000. Type 5 wetlands are inland open fresh waters and ponds with water usually less than 10 feet deep and fringed by a border of emergent vegetation. The wetland is under the jurisdiction of the Minnesota Wetland Conservation Act, which is administered by the City. A 73 Planning Report - Zehnder Ponds November 27, 2002 Page 6 This development is proposed not to impact HDP-1. A proposed impact to the wetland, and associated wetlands replacement and storm sewer improvements, are being addressed in a separate process associated with the Kennerick Addition Storm Sewer Improvements (City Project 806). Erosion Control - Steep topography of this site will require strict adherence to the City's land disturbance and erosion control ordinance, which requires proper installation and effective maintenance of erosion control practices to prevent and minimize soil loss and impacts to down- gradient resources and water quality. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity are available for connection by this development. All well and septic systems within the subdivision should be abandoned in accordance with City and Dakota County standards. Access/Street Desien - Access for this development is proposed onto Lone Oak Road (Dakota County Road 26) via a private driveway shared between the two proposed lots. This development should dedicate restricted access, as required by Dakota County, along Lone Oak Road. Easements/Rights of Way/ Permits - This development should dedicate all easements as necessary for City Project No. 806 - Pond HDP- I /Kennerick Addition Storm Sewer Improvements. Dakota County is requiring the dedication of an additional five (5) feet of public right-of-way along Lone Oak Road (County Road 26), as shown on the preliminary plat. The developer should provide a cross easement for ingress and egress and maintenance of the shared driveway. The easement should be submitted to the City for review and approval by the City Attorney prior to final subdivision approval. Tree Preservation - The tree inventory for this site is presented in the table below in the form of square feet of significant woodlands. The existing significant woodlands on this site are comprised of the following tree species and relative tree diameters; cottonwood trees, diameters 4" to 30"; box elder trees, diameters of 4" o 20", elm trees, diameters 4" to 12"; and several bur oak trees, diameters of 12" to 28". a7 Planning Report - Zehnder Ponds November 27, 2002 Page 7 TREE PRESERVATION SUMMARY Existing significant woodland 43,055 ft sq Remove for house const. 11,825 ft sq (27%) (Lots I and 2) Remove for pond regrade 8,400 ft sq (20%) (Applicant Project 806) Remove for erosion mitigation 9,600 ft sq (22%) (City Project 806) Woodland preserve 13,230 ft sq (31 City Project 806 provides for the construction of a water quality pond to treat storm water runoff from Lone Oak Road and runoff from the proposed Kennerick Addition development, also proposed by the applicant, Brad Swenson. A portion of this pond is to be located on the Zehnder Ponds property, with the remainder on the property to the west. Since the tree removal is being accomplished for grading of a pond for the applicant's benefit on another subdivision, the applicant should be responsible for the tree removal that will occur on the Zehnder Ponds property as part of City Project 806. Project 806 also provides for the repair of erosion that has occurred along the west edge of the Zehnder property. The city, not the applicant, should be responsible for tree removal associated with that mitigation. The area of the city's responsibility can be seen on the grading plan basically in an area south of the proposed 866-foot elevation (northwest of the proposed house on lot 2), and north of Lone Oak Road (to the northerly boundary of the 30 foot road easement). Using the above calculations, the applicant's responsibility of this development will result in the total removal of 20,225 sq. ft. of significant vegetation (47% of the total existing significant woodlands). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, residential) is set at 40% of the total significant woodlands. With a proposed removal more than the allowable amount, there will be a required tree mitigation for this proposal. Required tree mitigation for the applicant calculates to 14 Category A trees, or an equivalent combination of Category B or Category C trees. This mitigation should be fulfilled on site either near house construction (as landscaping) or through reforestation of graded pond areas. Parks and Recreation - This development will be responsible for cash park and trail dedications payable prior to release of the final plat for recording at the rates then in effect. The 2002 rates are $1,550.00 per lot for parks and $183.00 per lot for trails. oq 2-5 Planning Report - Zehnder Ponds November 27, 2002 Page 8 SUMMARY/CONCLUSION Brad Swenson is requesting approval of a Preliminary Subdivision to create two lots on approximately 1.4 acres located north of Lone Oak Road between Pilot Knob Road and Lone Oak Lane in the SE'/4 of Section 4, legally described as the South'/2 of Lot 8, Zehnder Acres. The proposed subdivision creates two lots over''/2-acre in size, however, the suitable area for building is restricted such that the proposed houses are situated on only a small part of this 1.4- acre site, and the lots are oddly shaped. The shared driveway will require a cross-easement for ingress and egress as well as maintenance. The Advisory Parks and Recreation Commission has not made any recommendations on this project regarding tree preservation, water quality and wetlands. There remain some outstanding issues with regard to the wetland impacts associated with the stormwater ponding for Kennerick Addition and the related storm sewer system improvements. Because this site is affected by both of these items, staff recommends that City action on this proposed subdivision be continued until these issues can be resolved. Single-family development is a conditional use within Airport Noise Policy Zone 4 and in order to approve the Preliminary Subdivision, the Advisory Planning Commission and City Council would need to determine acceptable findings relative to the eight items listed in this report regarding airport noise compatibility and make a statement to that effect. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots on approximately 1.07 acres located north of Lone Oak Road between Pilot Knob Road and Lone Oak Lane in the SE '/4 of Section 4, legally described as the South '/z of Lot 8, Zehnder Acres. 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 2, 1993: A1, B1, B2, C1, C2, D1 and E1 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 4. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Planning Report - Zehnder Ponds November 27, 2002 Page 9 5. A public improvement project providing for a pipe from, and acquisition of ponding easement over, Pond HDP-1, shall be approved by the City Council prior to final subdivision approval for this development. 6. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards. 7. This development shall dedicate restricted access, as required by Dakota County, along Lone Oak Road. 8. A cross easement providing for vehicle ingress and egress and maintenance of the shared driveway shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 9. This development shall meet the City's water quality requirements through cash dedication in lieu of treatment ponding. 10. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down- gradient resources and water quality. 11. The applicant shall submit a revised tree preservation plan, considering staff's calculations and providing for required tree mitigation in the amount of 14 Category A trees, or an equivalent combination of Category B or Category C trees. 12. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 13. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 14. This development shall be responsible for a cash parks dedication and a cash trails dedication for two lots payable prior to release of the plat for recording at the rates then in effect. 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:~ 9~ 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 LTSSS STANOARO.CON FINANCIAL OBLIGATION-Zehnder Ponds Addition There are pay-off balances of special assessments totaling S-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 pending assessments in the amount of $4,255 on the parcel proposed for subdivision. The pending assessment is related to Project 806 Kennerick Storm Sewer. 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 S.F. $945/Lot 1 Lot $945 Sanitary Sewer Lateral S.F. 23.35/F.F. 200 F.F. 4,670 Water Trunk S.F. 985/Lot 1 Lot 985 Water Lateral S.F. 23.60/F.F. 200 F.F. 4,720 Total $11,320 The above computation is made using the City's 2002 Fee Schedule Rate. It will be computed at the rates in effect at time of final subdivision. aJ~ a Eagan Boundary Location Map ~Pamal~M. Building Footprint 1 1-71 of r I ~ ~ ♦ i„t+ 9 8 aq I i-o3 I ♦ S • W- e i a o Sub ect Site ° ® ° D ' • ° B B q~ 0 ! 9 p a ® rsa 0. Y 6 a 0 e p 7- 1 -t 6 A r 3 ®~0 $ 0 F f .n ti p 5 F 0 Q F r C~ 8' V ~ sr' ra a ~0 q C p v ~®3 40 h ~ ©P f C3 1~ ®da a 0 FO .rte GeQ S t ~ 3 a. TA, 1 a all 1000 0 1000 2000 Feet Development/Developer: Zehnder Ponds Application: Preliminary Subdivision Case No.: 04-PS-16-10-02 C219 / Map Pmpersd using EAW AreView 2.1. Parch Wes map dale provided N by Oskote Count' Lend Surrey D"mrOMM and is current as of March 2002. THIS MAP 18 INTENDED FOR REFERENCE USE ONLY w E *City Eagan M t ti rr E S S C T a The City M Egan and Dakota County do not guarantee the accuracy of this intonnatlon and an S G.n.rwany D.fN.pnw . D.Pertne.t not responsible for errors or eadsslons. Current Zoning and Comprehensive Guide Plan Zehnder Ponds Land Use Map Case No. 04-PS-16-10-02 Zoning Map Vz22 R• Location R Current Zoning: R•1 R-1 Single-Family Residential A Pr ® R- • PD ®PD PF R7711 37® R" w0 • •oo 1700 r.a W1 ^ Comprehensive Guide Plan L° P H I FA Land Use Map P LD ° L Location LO LD Current Land Use Designation: D D L LD L ® LD ~ Low Density OP L MD . B~~ D ® OP LD ;[EBB 0 sea 120 P..t ? ±LD P-1 babe mop information P..elded by counts County Land *,may D.PMm.nt September 2002. ZMlny Inhrmatl.w malwlalnN by Clty funs City of Eagan a Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY s The City of Eagan and Dakota County do not guarantee the accuracy of this nformation. tetq WAGS wM low M N Old ASYNINI Mad I - - f-'~ *3NI 'ANVd110* J14I13A>rflt GNYllill 011100V Samoa M OWNH_;i ~w • www • •yr+ 1.a.ao>~ +wy w, ,e,: iu,f~ ,nvs~ ldld 'WI-13bd N z r~rj'- 1 CO~ w I ZN L j z 13x:2 Q vi < Q p ci; I OO M ~ < °r°- ~:n I WW~e ;lie ai~lie Q~< ~Pq <ct; lY~d p Q p .~p >A! X Uu'u, mn-W r- < W i w z I iI i - l i I! Z 3 i 1! ! ~ ~ I I cL' c 7- - V. Z I U 30 1-- 9' I I~ I I ';'I • _ I I I i i • I g I EXISTING CONDITIONS A.. IMO *0 ,..,.,..f, r-• _ ;-A„a; ^&No ZEIINDER PONO$ ADOITIO &*Awn ,.7H TRLAIO 3URVRNG COMPANY, fNC. j i ws. N I Y EXISTING CONDITIONS I w~ sum "m ~AL win - - I Gil- me ~rn . z asL 1 16 FT~ % Fri D UTILITY PLAN o am== ~ twlotft PONS goon rMAIO salvtrwc co~AllY, nlc. pow um tam omw& 0110 ~ UTILITY PLAN `a r. `=ti / SITE/GRADING PLAN FAIOER PONDS AppIT10 TRRAND SURVEYING COWANf, p•C. ` ~,"'?~:5.:•. •~w•~ SITE LAYOUT »•».r. uamamwu rtr - - GRADIMG PLAN t ' J~P • wY. ' ' 1 I I 7M f I" 1 I s TREE PRESERVATION PLAN Zir=wrin FORM ADDITIONON U ~w • Mawr • 0%0r n • • r . ,fit MAM SMYtI'ae carAMr, me. w~, .rte r ~ ~ r Tree Preservation Plan ft WWA4=*n& "us 7 a,a .a.sr.w... ax.owow I 1Vlci J~?1tlHiN11~311d ANYJ103 ONIA3ANNS OWVIIVI I e'i,~u ir+„ w°io'•.e.r b . . OIlI00v SOMOd V30NH311~.,o,...~..,~ - lbld 44113bd 1 ° c"'~ Woz gaN I Yte, ,vim ~z :W o a Q ° ~ oo .n I 19 - ~ < Lnl a x CdU IY W i X Uuuvv°u mZ~Q W Q° o C Z ~ s ~ II z 3 I I o I II t ~ .I I 1 II is ~I `I ~ ftm •.R_ wig IR I• u. w~ ~ t IF '1 I I Q I o~ AGENDA CITY OF EAGAN SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 17, 2002 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVAL OF MINUTES 1. December 2, 2002 EDA meeting D. PUBLIC HEARING A. Proposed development agreement and sale of publicly owned land E. NEW BUSINESS A. Consider revision of development agreement - Interstate Partners F. ADJOURNMENT ~ ~9 Agenda Information Memo December 17, 2002 Eagan Economic Development Authority Meeting C. APPROVE MINUTES DECEMBER 2, 2002 MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the December 2, 2002 regular EDA meeting. ATTACHMENTS: • Minutes are attached on page a(/. O • Resolution is attached on page aIgo MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota December 2, 2002 A meeting of the Eagan Economic Development Authority was held on Monday, December 2, 2002 at 11:30 p.m. at the Eagan Municipal Center. Present were President Awada and Commissioners Carlson, Fields, Bakken and Tilley. Also present were Executive Director Tom Hedges, Assistant City Administrator Jamie Verbrugge, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVAL OF MINUTES Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the minutes of the November 19, 2002 Economic Development Authority meeting. Aye: 5 Nay: 0 NEW BUSINESS SCHEDULE MEETING Commissioner Bakken moved, Commissioner Fields seconded a motion to schedule a special meeting of the Economic Development Authority for December 17, 2002. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:32 p.m. Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. C~o EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF DECEMBER 2, 2002 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the December 2, 2002 regular meeting of the Eagan Economic Development Authority. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION 1, James Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 17'h day of December, 2002. James Verbrugge, Secretary 49 9~~~ Agenda Information Memo December 17, 2002 Eagan Economic Development Authority Special Meeting D. PUBLIC HEARING 1. PROPOSED DEVELOPMENT AGREEMENT AND SALE OF PUBLICLY OWNED LAND ACTION TO BE CONSIDERED: To adopt a resolution approving a final development agreement with Keystone Communities, including the sale of six publicly owned parcels of land, for a senior housing project in the Cedar Grove Redevelopment Area - Road/Intersection District. FACTS: • The Eagan Economic Development Authority previously identified Keystone Communities as the preferred developer for the Langhoven Addition properties at the intersection of Silver Bell Road and Cedar Grove Parkway in the Cedar Grove Redevelopment Area. • Keystone Communities is proposing to construct 126 units of senior housing to include a mix of market rate, assisted living, and memory care units. The project area is on six parcels, five that are and one that soon will be, owned by the City of Eagan. Because the proposed agreement includes the sale of publicly owned land to the developer, a public hearing is required. • Keystone Communities was selected, in part, because of its commitment to pay $7,500 per unit for the land, or $945,000. • Project management consultant Ehlers & Associates and staff have been meeting with Keystone to finalize the financial obligations of the developer and the City. At the time of this memo, issues were still outstanding. The resolution, final agreement, and financial detail will be provided in the Additional Information Memo distributed on Monday, December 16. a 9~ Agenda Information Memo December 17, 2002 Eagan Economic Development Authority Special Meeting E. NEW BUSINESS 1. CONSIDER REVISION OF DEVELOPMENT AGREEMENT - INTERSTATE PARTNERS ACTION TO BE CONSIDERED: To adopt a resolution approving the revised and amended development agreement with Interstate Partners for redevelopment of property in Northeast Eagan TIF District No. 2-4. FACTS: • The Eagan Economic Development Authority and Eagan City Council approved a development agreement with Interstate Partners on September 17, 2002 for redevelopment of the northwest quadrant of the intersection at Highways 55 and 149 in Tax Increment Financing Redevelopment District No. 2-4. • The approved agreement included a 60,000 square foot, single-story office and a 24,000 square foot, single-story office as minimum improvements, as well as three retail uses, on five parcels to be acquired. Subsequent analysis of necessary property acquisition and other factors made the project unworkable from a financial perspective for the developer. • Interstate Partners has drafted a new proposal to provide a 20,000 square foot, single- story office building and three retail pads as the minimum improvements on three parcels. A future second phase may include an office use similar to the three-story Grand Oak I office building on two parcels, however that is not a requirement of the proposed revised and amended agreement. • The revised and amended agreement was still being finalized at the time this memo was prepared. The final document, adopting resolution, and financial analysis will be included in the Additional Information Memo on Monday, December 16. &9q- State of Minnesota For Board Use Onlv Gambling Control Board. Amt. Pd Premises Permit Renewal Application Check # LG214PPR Printed: 8/5/2002 License Number: B-02470-003 Effective Date: 3/1/2001 Expiration Date: 2/28/2003 Name of Organization: Mendota Heights Athletic Association Gambling Premises Information Name of the establishment where gambling will be conducted LaFonda Restaurant Note: Our records show the premises 3665 Sibley Memorial Hwy is located within the city limits Eagan, MN 55122 County: Dakota Lessor Information Name of the property owner (If different): Square footage leased per month: -75- Rent paid per month: /.,boo Square footage leased per bingo occasion: - Rent paid per bingo occasion: Bingo Activity Our records indicate that Bingo is not conducted on these premises. Storage Information 3665 Siblev Memorial Hwv Eagan, MN 55123 Bank Information BaiceIn-B* k AMFWt„+,,, Gambling Bank 1060 Dakota Dr Account Number: 111478200 Mendota Heights, MN 55118 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address Citv. State. Zip Code Title Bob Spurr 1037 Delaware Ave Mendota Heights, MN 55118 f&r &,4wn 4Cik M4 As+e 2onQ aeb-~ CNA a L s A/p<< 1 YRM e Mendota Heights, MN 55118 PALES i ENS 04em A*~ MN 55118 debn~ I GANAJ Q G rs;0iCWW Avg st %r(7hk%( ' GArM6Uu Akq (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page I of 2 (Continued on Back) State of Minnesota For Board Use Only Gambling Control Board Premises Permit Renewal Application Amt. Pd Check # _ LG214PPR Printed: 8/5/2002 License Number: B-02470-002 Effective Date: 3/1/2001 Expiration Date: 2/28/2003 Name of Organization: Mendota Heights Athletic Association Gambling Premises Information Name of the establishment where gambling will be conducted Valley Lounge Note: Our records show the premises 3385 Sibley Memorial Hwy is located within the city limits Eagan, MN 55120 County: Dakota Lessor Information Name of the property owner (If different): Square footage leased per month: "W- Rent paid per month:/ 004. ov Square footage leased per bingo occasion: Rent paid per bingo occasion: Bingo Activity Our records indicate that Bingo is not conducted on these premises. Storage Information 3385 Sibley Memorial Hwv Eagan, MN 55120 Bank Information i-inioei cApJ /3,4i L Gambling Bank 1060 Dakota Dr Account Number: 111478200 Mendota Heights, MN 55118 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address Citv, State. Zip Code Title Bob Spurr 1037 Delaware Ave Mendota Heights, MN 55118 ASST. CApnel.,y /uy2. s S uA~n,4It 21J 6parr CNAQIQi ,Vue L 1 eFarra+~,4 Mendota Heights, MN 55118 Pi2E5o tjEA,-I aeMA rJ 7 mendet s, MN 55118 M 11JF0ZM Acv I N k Af/ t AMAI-iN (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back)