Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06/17/2003 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JUNE 17, 2003 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS f oZ A. K-9 Recognition - Gunnar IV. CONSENT AGENDA f ,3 A. APPROVE MINUTES i,3 B. PERSONNEL ITEMS F .0 /sC. CHECK REGISTERS 1116 D. APPROVE 2003/2004 Service Station Permits p~7 E. APPROVE 2003;2004 Amusement Device Licenses F. APPROVE New Massage Therapy Establishment Business Licenses / G. APPROVE Premise Permit Renewal for Eagan Hockey Association • H. APPROVE Off-Sale Beer License for RBF Corp. of Wisconsin, dba Rainbow Foods, 1276 Town Centre Drive. ~o 21, APPROVE Joint Powers Agreement - Wetland Health Evaluation Program J. RECEIVE Bids and Award Contract 03-09 (No. Water treatment Plan Expansion) s K. APPROVE Wetlands Replacement Permit, Contract 03-09 (Coachman Water Treatment Facility) ~31 L. APPROVE Land Purchase Agreement with Blue Cross Blue Shield (Coachman Water Treatment Facility) P '`I. RECEIVE Bids and Award Contract for Contract 03-01, Town Centre Area (Street and Access Management Improvements) 3,SN. APPROVE Change Order #1, contract 02-17 (Central Parkway - Streetscaping) .3160- AUTHORIZE Consultant Services to Prepare Federal Funding Solicitation Application (Hwy. 149 - Hwy. 55 to Wescott Road) P. ig P. APPROVE Change Order #3, Contract 02-10 (Dodd Road Ninth - Street and Utility Improvements) ~39 Q. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 0. ' .Olson Burger Addition R. RECEIVE Petition and Schedule Public Hearing to Consider Public Easement Vacation on Lot 1, Block 1 Hawthorne Woods 3`d Addition S. APPROVE Resolution Requesting Projects for Dakota County 2004-2008 Transportation CIP T. AUTHORIZE Payment to Dakota County for Replacement of Traffic Signal Light Bulbs p U. ADOPT Findings of Fact - Comp. Guide Plan Amendment - Mark Gergen & Associates V. APPROVE Agreement with Savin Corporation to Lease New Copy Machines for City Hall Y W. APPROVE On-Sale Liquor And Sunday License - Daniel Gavin, dba Al Baker's Restaurant, 3434 Washington Drive 7 ?X, ACCEPTANCE of Donation from Eagan Rotary fq%Y. RECEIVE Petition and Schedule Public Hearing to Consider Vacation of Public Right of Way (Yankee Drive - Yankee Doodle Rd. to Hwy 13) V. PUBLIC HEARINGS Pil A. PROJECT 801. Final Assessment Hearing, Silver Bell Road (Street Improvements) n l B. PROJECT 809. Final Assessment Hearing, Blue Gentian Road (Street Improvements) C. VARIANCE. Delores Cook - Dubro, A Variance of five feet to the minimum 30 foot front yard setback to allow a covered porch on Lot 11, Block 1, South Oaks, located at 625 N. Greenleaf Drive in the SE of Section 25 8 D. EASEMENT VACATION. Easement Vacation for Lot I 1 Zehnder Acres VI. OLD BUSINESS f 94A. STAFFORD PLACE. Petition to rescind Permit Parking expansion 1993B. ORDINANCE AMENDMENT. Ordinance Amendment to Chapter 5, Sections 5.32 and 5.57 of r - the Eagan City Code regarding Temporary On-sale Liquor Licenses VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION - MARCELLA WOODS PARTNERSHIP. A Comprehensive Guide Plan Amendment to amend the use of approximately 6.5 acres from P-Park to LD-Low Density, a Rezoning from Agriculture to R-1 (Single Family Residential) and a Preliminary Subdivision (Marcella Woods) to create 15 lots, located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW of Section 34. B. PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION - MARK GERGEN & ASSOCIATES. A Planned Development Amendment and a Preliminary Subdivision (Greyhawk Second Addition) to reconfigure the lots and townhouse buildings of Greyhawk Addition, located on the east side of Blackhawk Road, north of Blackhawk Plaza in the SE '/4 of Section 20. P s~ C. PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION - MANLEY LAND DEVELOPMENT. A Planned Development Amendment to amend the use of Lot 4, Block 1, Soderholm Addition from a daycare to an office use and a Preliminary Subdivision (Soderholm 2°d Addition) to create two lots, located at 4155 Lexington Way in the SW '/4 of Section 23. / 1D. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY PLANNED DEVELOPMENT - DELTA DEVELOPMENT. A Comprehensive Guide Plan Amendment to change the land use designation of 6.29 acres from O/S - Office/Service to MD Medium Density, a Rezoning from GB, General business to PD, Planned Development, a Preliminary Planned Development consisting of 42 tox nhome units in six buildings located on the east side of Pilot Knob Road and south of Northwood Parkway in the SW '/4 of Section 10. VIII. COMMUNITY CENTER UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA ~~o$ XI. ECONOMIC DEVELOPMENT AUTHORITY X1 I. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. ADJOURNMENT XIV. 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. 4L, MEMO city of eaga MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 13, 2003 SUBJECT: AGENDA INFORMATION FOR JUNE 17, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 17, 2003 City Council agenda, the following items are in order for consideration. Agenda Memo June 17, 2003 RECOGNITIONS AND PRESENTATIONS: A. K-9 Recognition - Gunnar Officer Dan Tocko and partner, Gunnar, the Police Department's newest Eagan K-9 team recently graduated from the St. Paul Police K-9 School. They will be present at the meeting on Tuesday evening. c2 Agenda Information Memo June 17, 2003 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 June 3, 2003 regular City Council meeting as presented or modified. ATTACHMENTS: Minutes of the June 3, 2003 regular City Council meeting are enclosed on pages ? through. 3 MINUTES OF A REGULAR MEETING OF THE R EAGAN CITY COUNCIL Eagan, Minnesota June 3, 2003 A regular meeting of the Eagan City Council was held on Tuesday, June 3, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Assistant to City Administrator Dianne Lord. AGENDA Councilmember Maguire moved. Councilmember Tilley seconded a motion to approve the agenda. Ave: 5 Nay:0 2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced Chief Financial Officer Pepper, who introduced auditors Matt Mayer and Steve Wishim of Kern, DeWenter, Viere, Ltd. The auditors provided a summary of the 2002 Comprehensive Annual Financial Report (CAFR). Pepper and the City Council thanked the auditors and City staff for their work in preparing the CAFR. Councilmember Fields moved, Councilmember Tilley seconded a motion to receive and accept the 2002 Comprehensive Annual Financial Report (CAFR). Aye: 5 Nay: 0 CONSENT AGENDA Items J and R were pulled for discussion. Councilmember Maguire thanked the Hibbard family for their donation to the City in memory of Jim Hibbard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to accept a donation of 5400 from the family of Jim Hibbard for the purchase of a park bench to be placed in Trapp Farm Park. Aye: 5 Nay: 0 Councilmember Maguire thanked Greg Wilken for agreeing to serve on the EDC. Councilmember Fields moved, Councilmember Maguire seconded a motion to appoint Greg Wilken as the Alternate Member of the Economic Development Commission. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the consent agenda. Aye: 5 Nay: 0 A. Minutes . It was recommended to approve the minutes of the May 20, 2003 regular City Council meeting, the May 20, 2003 Listening Session minutes, the May 21, 2003 special City Council workshop minutes and the May 13, 2003 special City Council meeting minutes. B. Personnel Items. 1. It was recommended to approve the hiring of Ryan Martinson as a seasonal engineering intern. i~ i Eagan City Council Meeting Minutes June 3, 2003 Page 2 2. It was recommended to approve the hiring of Pamela Clark-Garcia, Alison Hunter, Judith Forde, Denise King and Lynda Speikers as part-time seasonal preschool program instructors. 3. It was recommended to approve the hiring of Joan Rodgers and Amber Geske as part- time seasonal preschool program instructor's assistants. 4. It was recommended to approve the hiring of Michelle Finlon and Kelley Hammond as part-time seasonal recreation assistants. 5. It was recommended to approve the hiring of Jennifer Kranz as a part-time seasonal recreation assistant/puppeteer. 6. It was recommended to approve the hiring of Melissa Buntjer as part-time seasonal recreation assistant/puppeteers. 7. It was recommended to approve the hiring of Alyssa Ophoven as a part-time seasonal specialty instructor. 8. It was recommended to accept the resignation of Susan Scott, part-time Clerical Technician III in Community Development. 9. It was recommended to approve an agreement selling Police K-9 "Cody" to Officer Robert Wegner. 10. It was recommended to approve an agreement selling Police K-9 "Bullet" to Officer James Unger. C. Check Registers. It was recommended to ratify the check registers dated May 22, 2003 and May 29, 2003 as presented. D. Service Station Permits. It was recommended to approve 2003/2004 Service Station Permits for Conoco Philips Company, Holiday Stationstores #68, #232, #247, #318, Eagan Citgo, Eagan E-Z Shop, McG's Inc. and Tom Humb #273. E. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance Contractor License for Rainbow Tree Company. F. Amusement Device License Renewals. It was recommended to approve 2003/2004 Amusement Device License Renewals for Minnesota Robins, Inc., Liberman Companies, Inc. and Dandy Amusements International. G. New 2003 Tobacco License. It was recommended to approve 2003 Tobacco License for Rainbow Foods, 1276 Towne Centre Drive. H. Donation of Equipment. It was recommended to approve the donation or recycling of obsolete monitors, cpu's and printers. 1. LCTS Grant. It was recommended to accept Local Collaborative Time Study grant to continue to support Youth Development Programs in the amount of $10,000 for the 2003-2004 school year. J. Donation. Pulled K. Proiect 771. It was recommended to receive the Final Assessment Roll for Project 771 (Lexington Avenue - Street and Utility improvements) and schedule a public hearing to be held on July 1, 2003. L. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of- way and schedule a public hearing to be held on July 1, 2003. M. CIP. It was recommended to approve the 5-year Capital Improvement Plan for 2004-2008 and authorize the initiation public improvement process for the 2004 program improvements. N. Contract 03-07. It was recommended to approve the final payment for Contract 03-07 (Cedar Grove Area Access Modifications - House Demolition) in the amount of $17,625.00 to Ginther Excavating, Inc., accept the improvements for perpetual City maintenance subject to warranty provisions. 0. Cedar Grove Redevelopment Area. It was recommended to approve payment for relocation of underground utility lines to Dakota Electric Association and Comcast in the amount of $41,700. S Eagan City Council Meeting Minutes DR q June 3, 2003 T Page 3 P. Final Subdivision. It was recommended to approve a Final Subdivision (Diffley Plaza) to create 7 lots on approximately 15.7 acres located on the SW corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28, subject to the conditions listed in the-November 19, 2002 City Council minutes. Q. Change Order. It was recommended to approve a change order to City Contract 03-08, Thresher Fields, for the importation of additional top soil at a cost of $4.36 a cubic yard. R. Appointment. pulled S. Premise Permit. It was recommended to adopt a Resolution approving a premise permit renewal for the Eagan Hockey Association to sell pull tabs at the Cherokee Sirloin Room OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - CORNERSTONE SELF STORAGE City Administrator Hedges stated the applicant has requested a continuance of this item. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue in the NW '/4 of Section 15 to the July 1, 2003 City Council meeting. Aye: 5 Nay:0 NEW BUSINESS INTERIM USE PERMIT - ALLINA MEDICAL CLINIC City Administrator Hedges introduced this item regarding an Interim Use Permit to allow a temporary mobile diagnostic unit at 1110 Yankee Doodle Road. Senior Planner Ridley gave a staff report. The applicants from Allina Medical Center addressed the City Council. The Council discussed the interim use permit. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Interim Use Permit to allow a temporary mobile diagnostic unit on Lot 1, Block 1, Town Centre 100 Sixteenth Addition, located at 1110 Yankee Doodle Road in the NE '/4 of Section 15 subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on June 3, 2006. 3. 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. 4. The diagnostic unit shall be located as shown on the approved site plan received by the City on April 16, 2003. 5. The diagnostic unit shall not be parked on the site overnight. Eagan City Council Meeting Minutes D n June 3, 2003 Page 4 6. The access drive and parking pad for the unit must be surfaced with concrete or bituminous asphalt. 7. A building permit is required prior to construction of the canopy. 8. The canopy/awning shall be made of prefinished metal to match the front canopy or of a canvas material in a color to match the front canopy. No signage shall be allowed on the canopy/awning that will be added to the east side of the building. 9. Any trees or shrubs that may need to be removed shall be relocated or replaced elsewhere on the site, preferably east of the building to enhance screening of the diagnostic unit. 10. A landscape plan showing additional landscape screening east of the building and identifying existing landscaping in that area shall be provided to City staff for review and approval prior to release of the interim use permit for recording. PLANNED DEVELOPMENT AMENDMENT - WELSH CONSTRUCTION City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend the design of the second monument sign on Lot 1, Block 1 Gatewood's Addition, located at 1185 Town Centre Drive. Senior Planner Ridley gave a staff report. The applicants addressed the City Council and noted they would like to add the names of the building tenants/businesses to the sign. The City Council discussed the signage, including whether the addition of names would pose a traffic safety issue. The Council also noted the destination use of the building,. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a planned development amendment to amend the design of the second monument sign on Lot 1, Block 1, Gatewood's Addition, located at 1185 Town Centre Drive in the NE '/4 Section 15. Aye: 2 Nay: 3 (Geagan, Maguire, and Fields opposed) Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct the City Attorney to prepare Findings of Facts for Denial for a planned development amendment on Lot 1, Block 1, Gatewood's Addition, for the June 10 City Council meeting. Aye: 4 Nay: 1 (Tilley opposed) PLANNED DEVELOPMENT AMENDMENT - JOE SENSER'S City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a temporary sand volleyball court on Lot 1, Block 1, Eagandale LeMay Lake 4`h Addition, located at 3010 Eagandale Place. Senior Planner Ridley gave a staff report. The applicant was present and addressed the City Council regarding the plans for the usage of the outdoor volleyball court. The City Council discussed the proposal, including provisions should the City receive any complaints about the outdoor court. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a temporary sand volleyball court on Lot 1, Block 1, Eagandale LeMay Lake 4`h Addition, located at 3010 Eagandale Place in the NW '/4 of Section 10 subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be signed and recorded prior to constructing the volleyball court. Eagan City Council Meeting Minutes D June 3, 2003 R~ Page 5 2. Construction of the volleyball courts may begin the third week of April and must be removed the week after Labor Day each year. 1 The volleyball court shall be in the location shown on the site plant dated April 16, 2003. 4. To ensure access in case of an emergency, no parking should be allowed adjacent to the courts. 5. Site lighting shall be indirect and diffused and lighting shall not be directed upon public rights-of-way or adjacent properties. 6. Alcohol shall not be served or consumed within the confines of the sand volleyball court. CONDITIONAL USE PERAIIT - DUKE REALTY CORPORATION City Administrator Hedges introduced this item regarding a Conditional Use Permit to add additional outdoor storage to the existing conditional use permit on Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 12, located at 1245 Trapp Road. Senior Planner Ridley gave a staff report. The applicant representing Duke Realty Corp. was present and addressed the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Conditional Use Permit to add additional outdoor storage to the existing conditional use permit on Lots 1 & 2, Block 1, Eagandale Center Industrial Park No. 12, located at 1245 Trapp Road in the NE 1/4 of Section 3 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Outdoor storage shall be limited to tractor/trailer storage in the amount and at the location shown on revised site plans dated April 16, 2003. 3. The north parking lot shall be restriped to accommodate the angled parking of five 53 foot tractor/trailers at the location shown on the revised site plan dated April 16, 2003. 4. All trailers must be stored in an orderly fashion. 5. Additional coniferous landscape material shall be added between the storage area and I-494 to more adequately screen the designated storage location. 6. All parking and storage areas shall be properly maintained to prevent deterioration. The City Council discussed the motion and it was noted that an Interim Use Permit may be better suited for this property than a conditional use permit given that the City has received complaints about outdoor storage on the site. The Applicant requested that the City Council continue the item 30 days to allow him time to proceed with an interim use permit rather than a conditional use permit. Councilmember Tilley withdrew her motion. Councilmember Maguire moved, Councilmember Fields seconded a motion to continue to July 1, 2003 the request for approval of an amendment to an existing Conditional Use Permit to allow additional outdoor tractor trailer/truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes D June 3, 2003 Page 6 Iq FT REZONING - CENTRAL IRRIGATION City Administrator Hedges introduced this item regarding a rezoning of approximately one acre from T (Transitional) to NE (Neighborhood Business), located at 2785 Pilot Knob Road. Senior Planner Ridley gave a staff report. Raleigh Crawford, the attorney representing Central Irrigation, addressed the Council regarding the intended use of the property by Central Irrigation. Crawford noted that the company is growing very fast and needs more space. Furthermore, Crawford noted that Central Irrigation would be changing their business approach at the Eagan location form a predominately distributor/wholesale operation to a retail operation to be used by individuals. Three neighboring property owners addressed the Council with their concerns about Central Irrigation, which included concerns about traffic congestion, the nature of the business, outdoor storage, and overall fit of the use in a neighborhood business zone. The City Council discussed the neighbors concerns, the nature of the Central Irrigation business, and the conceptual site plan presented by the applicant. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a rezoning of approximately one acre from Limited Industrial, General Business), located at 2785 Pilot Knob Road in the NE '/4 of Section 19. Aye: 5 Nay: 0 The City Attorney distributed Findings of Facts, which he had prepared in anticipation of the rezoning being denied, and in order to meet the 60-day requirement. Councilmember Carlson moved, Councilmember Maguire seconded a motion to adopt the Findings of Fact for Denial with the addition of warehouse use as an additional finding. Aye: 5 Nay: 0 The City Council recessed from 8:10 p.m. to 8:20 p.m. REZONING - CITY OF EAGAN City Administrator Hedges introduced this item regarding a rezoning of approximately 128 acres from Limited Industrial, General Business, Commercial Shopping Center, Limited Business, Single Family Residential, Agriculture and Park to CGD (Cedar Grove District), located north and south of Highway 13 and west of Cedar Avenue. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Comprehensive Guide Plan Amendment to change the land use designation of Lots 1 & 2, Block 1, Cedar Ridge 2°d from O/S-Office/Service to MD-Medium Density, located on Cedar Ridge Circle between Nicols Road and Hwy 77 in the NW '/4 of Section 30. Aye: 5 Nay: 0 The applicant, Mark Gergen, presented his conceptual plan for the property, which includes 39 townhome units on 6.8 acres. Eagan City Council Meeting Minutes June 3, 2003 R ,Q Page 7 l r The City Council discussed the zoning change, and noted that the Council's goal is to provide the City with a diverse mix of housing. The Council also discussed the existing nursery adjacent to the property being proposed for townhouses, and the concerns they have regarding residents complaining about the noise, smells, etc. from the nursery. The Council noted that the two uses were not compatible with one another. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare Findings of Fact for Denial. Aye: 5 Nay: 0 The applicant requested that the item be tabled; however, Councilmember Carlson stated she would not rescind her motion. PRELIMINARY SUBDIVISION AND WAIVER - CITY OF EAGAN City Administrator Hedges introduced this item regarding a preliminary Subdivision and a Waiver of Platting serving approximately 3.4 acres from 68 acre parcel located at the southeast corner of Yankee Doodle Road and Blue Cross Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision serving approximately 3.4 acres from 68 acre parcel located at the southeast corner of Yankee Doodle Road and Blue Cross Road in the NW '/4 of Section 16. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a waiver of platting that will allow the residential 65.6 acre parcel to remain unplatted until Blue Cross Blue Shield subdivides and develops their master plan. Aye: 5 Nay: 0 PRELIMINARY AND FINAL SUBDIVISION - CITY OF EAGAN City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision (Central Maintenance Addition) to create two lots on 23.4 acres, located at the SW corner of Yankee Doodle Road and Coachman Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision and Coachman Road in the NW '/4 of Section 16 subject to the following conditions. Aye:5 Nay: 0 1. The developer shall comply with the standard conditions of plat approval as adopted by Council on February 2, 1993. 2. The property shall be platted. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Final Subdivision (Central Maintenance Addition) to create two lots on 23.4 acres, located at the SW corner of Yankee Doodle Road and Coachman Road in the NW '/4 of Section 16. Aye: 5 Nay: 0 ON-STREET PARKING REQUEST SCOTT TRAIL (CLIFF ROAD TO CLIFFVIE',Nl DRIVE) City Administrator Hedges introduced the request for on-street parking on Scott Trail from Cliff Road to Cliffview Drive. Public Works Director Colbert gave a staff report. i Eagan City Council Meeting Minutes ®R~ T June 3, 2003 Page 8 The applicant, Mary Lou Meverden, presented her request to the City Council, noting that many of her clients are injured and do not have handicapped parking stickers. She requested that space be made available for two on-street parking spots (e.g. Parking allowed between signs). The City Council discussed the applicant's request and voiced that the issue is one between her and the property manager since the underlying issue is the moving of her business from the first floor to the second floor of the building. The Council also noted that on-street parking would be available to the public and could not be reserved specifically for the applicant's patients. Councilmember Maguire moved, Councilmember Tilley seconded a motion to deny a request to allow on-street parking on Scott Trail from Cliff Road to Cliffview Drive. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges provided an update on activities at the Community Center. City Administrator Hedges requested that a meeting of the Community Center Operations Committee be held to discuss child care, senior programming, and corporate use. Administrative Secretary McGarvey will contact Mayor Geagan and Councilmember Carlson to schedule the meeting. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges noted the legislative session is over. He added that an agenda item has been scheduled for a June workshop to discuss the opt-out provisions for the 2 a.m. closing of liquor establishments, noting that the law goes into effect on July 1, 2003. Councilmember Carlson inquired as to whether the City can offer a separate liquor license to be able to serve form 1 a.m.-2 a.m. City Attorney Dougherty will research the request. ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would be needed. The City Council discussed the upcoming 01 of July celebration, noting the importance of the event as the one opportunity for the community to gather, and this year also being the first time the event will be held at Central Park. The Council also discussed the $5 million in insurance being requested by Lockheed Martin. The Council recommended that the City Administrator suggest to Lockheed that $2 million in insurance be obtained. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve $30,000 towards the 4`h of July fireworks display. Aye: 5 Nay: 0 Councilmember Tilley distributed a flyer from the MVTA highlighting the grand opening to be held on August 21, which will coincide with the MVTA offering bus service from the Eagan transit station to the State Fair. Tilley also inquired about legislation being proposed in the next legislative session to address the conceal and carry legislation. Councilmember Maguire called attention to the Eagan Fishing Guide, noting it is a wonderful guide that is available to the public. Eagan City Council Meeting Minutes June 3, 2003 Page 9 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:35 p.m. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /cwz Agenda Information Memo June 17, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Utility Maintenance Worker— ACTION TO BE CONSIDERED: To accept the resignation of Larry Pierce, utility maintenance worker. Item 2. Resignation/Utility Construction Inspector- ACTION TO BE CONSIDERED: To accept the resignation of Bob Kriha, utility construction inspector. Item 3. Collective Bargaining Agreement/Dispatcher Bargaining Unit— ACTION TO BE CONSIDERED: To approve the 2003-2004 collective bargaining agreement with the dispatcher bargaining unit (Law Enforcement Labor Services, Inc.). FACTS: ■ The City of Eagan and the dispatcher bargaining unit have been bargaining in good faith since the beginning of February 2003. ■ The dispatcher bargaining unit has voted to approve the Council's last offer to them for the 2003-2004 collective bargaining agreement with the unit. ■ It would be appropriate at this time for the Council to officially approve the agreement. Item 4. System Transfer/Cable Coordinator Position ACTION TO BE CONSIDERED: To approve the transfer of the Burnsville/Eagan Cable Coordinator position from the payroll/personnel system of the City of Eagan to the payroll/personnel system of the City of Burnsville. ■ The Burnsville/Eagan Cable Coordinator is an employee of both the Cities of Eagan and Burnsville. ■ When the position was originally created, it was placed on the City of Eagan personnel and payroll systems because the position originally officed here. ■ When employees at the access facility became employees of the two cities instead of the cable company, those positions were placed on the personnel and payroll system of the City of Burnsville. (Determined by a coin toss - there was no business reason for this.) ■ Subsequent cable positions have been placed on the City of Burnsville's system. /3 Agenda Information Memo June 17, 2003 Eagan City Council Meeting ■ Recently, the cities concluded that it would be more logical for accounting reasons to have all cable positions under one city's system. Since the majority of positions were already on Burnsville's system, it made more sense to transfer the Cable Coordinator position to that system. ■ This transfer does not affect the general fund budget of either city because wages and benefits for cable employees are financed through franchise and/or access facility fees. Agenda Information Memo June 17, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 5, 2003 and June 12, 2003 as presented. ATTACHMENTS: • Check registers dated June 5, 2003 and June 12, 2003 are enclosed without page number. Agenda Memo June 17, 2003 CONSENT AGENDA: D. 2003/2004 SERVICE STATION PERMITS ACTION TO BE CONSIDERED: Approve 2003 / 2004 Service Station Permits for Oasis Markets 45677, #5685, #518, #594, #576, #590, #357, and Cedarvale Texaco Food Mart. FACTS: • All conditions of the applications have been met and staff deems them in order for approval. ATTACHMENTS: • Copies of the applications are attached without page number. i Agenda Memo June 17, 2003 CONSENT AGENDA: E. 2003/2004 AMUSEMENT DEVICE LICENSES ACTION TO BE CONSIDERED: Approve 2003 / 2004 Amusement Device Licenses for D.V.M. Inc. and AWE Vending and Amusements, Inc. FACTS: • All conditions of the applications have been met and staff deems them in order for approval. ATTACHMENTS: 0 Copies of the applications are attached without page number. Agenda Memo June 17, 2003 CONSENT AGENDA: F. NEW MASSAGE THERAPY ESTABLISHMENT BUSINESS LICENSE ACTION TO BE CONSIDERED: Approve new Massage Therapy Establishment Business License for David and Marjorie Ragsdale (dba Keep in Touch of Eagan) to be located at 3424 Denmark Avenue. FACTS: • All conditions of the application have been met. • The Police Department has conducted a background check and find no reason to deny the requested license. • All application fees have been paid. ATTACHMENTS: • A copy of the application is attached without page number. Agenda Memo June 17, 2003 CONSENT AGENDA: G. PREMISE PERMIT RENEWAL FOR EAGAN HOCKEY ASSOCIATION ACTION TO BE CONSIDERED: Adopt Resolution approving a premise permit renewal for the Eagan Hockey Association to sell pull tabs at the Cherokee Sirloin Room. FACTS: • The Eagan Hockey Association is complying with the State guidelines for operating a pull tab operation at the Cherokee Sirloin Room. • Council approval must be given for the renewal of their permit prior to final action by the Minnesota Gambling Board. • The Police Department conducted a background investigation and found no reason to deny the renewal of the premise permit. ATTACHMENTS: • A copy of the application is attached without page number. • A copy of the draft resolution is attached as page C~ . RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT RENEWAL FOR EAGAN HOCKEY ASSOCIATION ON CHEROKEE SIRLOIN ROOM PREMISES WHEREAS, the Eagan Hockey Association has applied for a gambling control board premise permit renewal for the year 2004 for Cherokee Sirloin Room, 4625 Nicols Road; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Hockey Association application for a premise permit renewal for the year 2004 at Cherokee Sirloin Room. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: It's Mayor Those in Favor: Those Against: Attest: - It's Clerk Date: June 17, 2003 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 June, 2003. Maria Karels, City Clerk C22a Agenda Information Memo June 13, 2003 H. APPROVE OFF-SALE BEER LICENSE FOR RBF CORP. OF WISCONSIN, DBA RAINBOW FOODS 1276 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the Off-Sale Beer license for RBF Corp. of Wisconsin, dba Rainbow Foods, 1276 Town Centre Drive. FACTS: • RBF Corp. of Wisconsin has applied for an Off-Sale Beer license with the City of Eagan. • The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the applicant the Off-Sale Beer license. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo June 17, 2003 Eagan City Council Meeting I. APPROVE WETLAND HEALTH EVALUATION PROGRAM JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: APPROVE the Joint Powers Agreement with Dakota County to Fund Jointly with Other Cities the Dakota County Wetland Health Evaluation Program in 2003. FACTS: • In 1997, the City joined the MN Pollution Control Agency, MN Audubon Society, the MN Zoo, Dakota County agencies, and the cities of Lakeville and Burnsville to implement the first Wetland Evaluation Project, which was funded by the U.S. Environmental Protection Agency. • In 1998, the Dakota County Environmental Education Program (DCEEP) initiated the Dakota County Wetland Health Evaluation Project (WHEP), which annually expanded and now includes 10 other partners. • The WHEP is a joint research and educational project. Its goals are to: 1) provide meaningful data on wetland health to local governments; 2) foster public awareness of wetland value and health within Dakota County; and 3) create positive partnerships between citizens and local governments in addressing natural resource issues. • In the seven years of the program, about 450 volunteers have collected biological data at an estimated 100 wetlands in Dakota County. The 30 or so local volunteers make Eagan's the largest of the WHEP teams. Starting in 2002, after five years of state and federal funding, each city supported its own participation in the WHEP. • At its September 3, 2002 meeting, the City Council approved Eagan's participation in the 2002 joint powers agreement, which will need to be annually renewed. • Funding for the WHEP has previously been approved by City Council as part of the 2003 budget. ATTACHMENTS: Joint Powers Agreement - Ol~ JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND DAKOTA COUNTY FOR WETLAND HEALTH EVALUATION PROGRAM THE PARTIES TO THIS AGREEMENT are the County of Dakota (the County) and the City of Eagan (the City). This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59. NOW THEREFORE, the parties, in joint and mutual exercise of their powers, agree as follows: 1. Purpose. The purpose of this joint powers agreement is to allow the City to fund the Dakota County Wetland Health Evaluation Program (WHEP) in the City, which will be coordinated and managed by the Dakota County Environmental Education Program (DCEEP). 2. Term. The term of this Agreement shall commence on June 1, 2003, and shall terminate May 31, 2004, unless further extended by agreement of the parties pursuant to paragraph 10. 3. Exercise of Powers. The parties to this Agreement agree that the County, through its Community Services Division, shall administer the funds collected hereunder, and shall pay out these funds to DCEEP for administering WHEP in the City. 4. Powers and Duties of the County. 4.1 The County shall administer the WHEP funds on behalf of the City. 4.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by good accounting practices. 4.3 The County may apply for and accept gifts, grants, or loans and money, other property or assistance from the United States Government, the State of Minnesota, or any person, association, or agency to carry out the WHEP in Dakota County. 4.4 The County may use funds to hire and retain a monitoring coordinator, personnel consulting firm and such other personnel as may be needed to provide the services contemplated under this Agreement. 5. Funding. The City shall contribute funds under this Agreement as follows for the year 2003: $3,850.00. Payment of contribution is due and payable by the City upon execution of this Agreement. 6. Books and records. The books and records that are relevant to this Agreement shall be subject to the provisions of Minn. Stat. Ch. 13, the Government Data Practices Act. The County's books, reports, and records concerning this Agreement shall be open to inspection by the parties at all reasonable times. 7. Disposition of Propertv and Funds. At such time as this Agreement is terminated, any property interest remaining shall be disposed of and the proceeds of the disposition of the property shall be returned to the parties in proportion to their contribution and in compliance with the terms and conditions of this Agreement. It is understood and agreed, however, that any equipment purchased with funds collected under this Agreement shall remain the property of the DCEEP and not subject to the provisions of this paragraph. 1 aof 8. Indemnification. Each party shall be liable for its own acts and omissions and the acts and omissions of its officers, employees, or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other parry, its officers, employees or agents. Each party hereby agrees to indemnify, defend and hold harmless any other party, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees that any other party, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this agreement. Nothing herein shall be deemed a waiver of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 9. Termination. Either party may terminate this Agreement at any time upon 30 days written notice to the other party. Any funds paid by the City pursuant to paragraph 5 which remain unexpended when the Agreement has been terminated shall be returned by the County to the City. 10. Amendments. This Agreement may be amended at any time by agreement by the parties, and shall be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. Approved as to form: COUNTY OF DAKOTA By Karen A. Schaffer/Date David A. Rooney Community Services Director Date of Signature Approved by Dakota County Board Resolution No. 02-365. CITY OF EAGAN By Pat Geagan Its: Mayor Date of Signature By Maria Karels Its: Clerk Date of Signature K/K03-66 wetland health jpa-2a 2 0 ~2 Agenda Information Memo June 17, 2003 Eagan City Council Meeting CONSENT J. CONTRACT 03-09, NORTH WATER TREATMENT PLANT ACTION TO BE CONSIDERED: Receive the bids for Contract 03-09, award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-09 provides for the expansion and renovation of the existing 12 million gallon per day (MGD) water treatment facility located in the north well field on Coachman Rd. south of Yankee Doodle Rd. • Detailed Plans and Specifications were presented to the Council on April 1 and a bid opening date of May 22 was set. • During the course of the bid solicitation, the City received requests from prospective bidders to extend the bid opening date 2 weeks due to avoid a conflict with a bid solicitation of a major treatment plant expansion project in Minneapolis. Subsequently, on May 20, the Council rescheduled the bid opening date to June 5, 2003. • On June 5, formal bids were received and opened from 6 qualified general contractors for Contract 03-09. Enclosed is a tabulation of the bids received showing a comparison to estimate contained in the 90% Preliminary Design Report distributed to the Council on March 21 and the Engineer's estimate based on the detailed plans and specifications. ISSUES: • Although the bid tab shows an apparent low bidder, staff is still checking references on their designated subcontractors to determine if they meet the bid qualification requirements. A formal recommendation will be provided prior to or at the Council meeting on June 17. ATTACHMENTS: • Bid Tabulation, page. IAMW BIDS RECEIVED AjwZ58J Thursday, June 5, 2003 2:00 PM Client: City of Client Project No. City Project 868 Eagan City Contract No. 03-09 SEH No. A-EAGAN0004.00 Project: North Water Treatment Facility Expansion Bidder's Name Bid Knutson Total Bid Amount $14,622,017.00 Alternate A.1 (Deduct) $4,000.00 Alternate A.2 (Add) $1,500.00 Adolfson & Peterson Total Bid Amount $14,730,278.94 Alternate A.1 Deduct) $21,175.00 Alternate A.2 (Add) $800.00 Bor Son Total Bid Amount $15,036,924.13 Alternate A.1 No Bid Alternate A.2 (Add) $1.00/ft Shaw-Lundquist Total Bid Amount $15,103,237.39 Alternate A.1 (Deduct) $3,500.00 Alternate A.2 (Add) $847.00 Sheehy Construction Total Bid Amount $15,346,884.00 Alternate A.1 (Deduct) $4,000.00 Alternate A.2 (Add) $800.00 Engineer's 30% Preliminary Estimate * $17,485,000.00 (Low Bid was 16.3% below 30% Preliminary Estimate) $17, Engineer's Final Estimate 423,000.00 0 (Low Bid was 16.1 /o below Engineers Estimate) Water Plant ($17,315,000), plus Blue Cross Blue Shield Road ($620,000), less substantial fiber optic installations ($400,000), less office equipment ($50,000), ($17,315,000 + 620,000 -$400,000 -$50,000 = $17,485,000). Landscaping and irrigation system are not included and will be bid under a separate contract. Water Plant and Blue Cross Blue Shield Road ($17,600,000), less furnishings appliances and window treatments ($177,000) that will be bid separately ($17,600,000 - $177,000 = $17,423,000). Landscaping and irrigation system are not included and will be bid under a separate contract. C:\ Documents and Settings\TColbert\ Local Settings\Temporary Internet Files\OLK1B\BIDS RECEIVED.doc Agenda Information Memo June 17, 2003 Eagan City Council Meeting CONSENT K. WETLANDS CONSERVATION ACT PERMIT - NORTH WATER TREATMENT PLANT EXPANSION (CONTRACT 03-09) ACTION TO BE CONSIDERED: Approve a Wetland Conservation Act Permit for Contract 03-09 and authorize the Mayor and Clerk to execute all related documents. FACTS: • Contract 03-09 provides for the expansion and renovation of the city's existing 12 million gallon per day (MGD) water treatment facility locate south of Yankee Doodle Rd. and west of Coachman Rd. The work associated with this project results in an unavoidable wetland impact to City pond CP-2. • Under the classification system of the U.S. Fish and Wildlife Service, this is a Type 4 wetland, which is an inland deep freshwater marsh with soils usually covered with 6 inches to 3 or more feet of water during the growing season. Vegetation may include cattails, reeds, bulrushes, and spikerushes. • Because the wetland is not classified as Public Water by the Minnesota Department of Natural Resources (DNR), it is under jurisdiction of the Minnesota Wetland Conservation Act (WCA), which regulates draining and filling of all natural wetlands and excavation of certain types of natural wetlands. This program is administered by the City of Eagan, which is the Local Government Unit (LGU) for WCA issues. Federal jurisdiction under Section 404 of the Clean Water Act administered by the U.S. Army Corps of Engineers-does not apply because of the wetlands' isolation from federal navigable waters. • On May 16, 2003, the City filed an application to impact 0.245 acres of the wetland by excavation and filling. The impact will be replaced at the required 2:1 ratio by withdrawing 0.49 acres from. the City's wetland banking account at the State. Per the terms of the Land Purchase Agreement, Blue Cross Blue Shield (BCBS) will be responsible for replacing the City's 0.49 acres of banking credits that are being withdrawn. • The application filing is essentially a 30-day notice for public comment, which was mailed to appropriate recipients as required by WCA rules. On May 19, the Advisory Parks & Recreation Commission (AprC) reviewed the application and has recommended approval to the City Council. • On May 27, 2003, a technical evaluation panel (TEP) comprised of representatives from the City of Eagan, the Dakota County Soil and Water Conservation District (SWCD), and the Board of Water and Soil Resources (BWSR) reviewed the proposal and - issued Findings of Fact for consideration by the City. The consensus recommendation of the TEP is approval of the replacement plan. Both additional recommendations by the TEP have been reviewed by staff and can be implemented without concerns. ATTACHMENTS: • Notice of Wetland Conservation Act (WCA) Application, pages through o. C2S city of eagan PAT GEAGAN NOTICE OF WETLAND CONSERVATION ACT (WCA) APPLICATION Mayor FOR IMPACTS >10,000 SQUARE FEET PEGGY CARLSON Name of Applicant: City of Eagan CYNDEE FIELDS Application Number: 03051603 MIKE MAGUIRE MEG TILLEY Type of Application (check one): Exemption X Replacement Plan Council Members No Loss Banking Plan Date of Application: May 16, 2003 THOMAS HEDGES City Administrator Location of Project: NE NW 16 27N 23W '/4 '/4 Sec. Twp. Range Summary of Project: Municipal Center: The City of Eagan plans to increase its capability to serve the public at the Central 3830 Pilot Knob Road Maintenance Facility campus. The North Water Treatment Plant will be expanded Eagan, MN 55122-1897 almost twice its current capacity, and vehicle/equipment storage, utility operations facilities, and office space will be increased. The City will also be constructing an Phone: 651.675.5000 east-west access road between Coachman Road and Blue Cross Blue Shield Fax: 651.675.5012 property west of the campus. Construction of the access road will cause .245 acres TDD: 651.454.8535 (10, 659 square feet) of unavoidable wetland impact, which the City plans to replace by withdrawing .49 acres from its wetland banking account. Maintenance Facility. You are hereby notified that the above-referenced application was made to the City of 3501 Coachman Point Eagan on the date of application shown. A copy of the application is attached. Eagan, MN 55122 The comment period for this proposed project will end at 9 a.m. CST on June 16, 2003. Phone: 651.675.5300 Fax: 651.675.5360 Contingent on any comments received, a decision on this matter is scheduled for June 17, TDD: 651.454.8535 2003 by the Eagan City Council at the Eagan City Hall Council Chambers. Call Eric Macbeth at (651) 675-5300 for details or changes to decision-making schedule. www.ciryofeagan.com Date of mailing of this Notice: City.1of Eagan, Minnesota May 16, 2003 Eric Macbeth THE LONE OAK TREE Water Resources Coordinator The symbol of strength and growth in our community Summary Notice for Impacts >10,000 sq.ft. (2003) a16 List of Addressees: Tom Colbert City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Tom Mings Minnesota Board of Water and Soil Resources 1 West Water Street St. Paul, MN 55107 Brian Watson Dakota County Soil and Water Conservation District 4100 220th Street West, Suite 102 Farmington, MN 55024 Gun Club Lake Watershed Management Organization 3830 Pilot Knob Road Eagan, MN 55122-1897 Wayne Barstad MN Department of Natural Resources Ecological Services Division 1200 Warner Road St. Paul, MN 55106-6793 Pat Lynch MN Department of Natural Resources Waters Division 1200 Warner Road St. Paul, MN 55106-6793 Doug Norris MN Department of Natural Resources Ecological Services Division 500 Lafayette Road, Box 25 St. Paul, MN 55155-4001 Jason R. Berkner Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Summary Notice for Impacts >10,000 sq.ft. (2003) , 9 WETLAND CONSERVATION ACT JUN 0 4 2003 TECHNICAL EVALUATION PANEL (TEP) FINDINGS OF FACT Date: May 27, 2003 LGU: City of Eagan County: Dakota LGU Contact: Eric Macbeth (651) 675-5300 Project Name/#: North Water Treatment Plant and Central Maintenance Facility Expansion Applicant: City of Eagan Location of Project: 27 North 23 West NE V4 35, NW V4 16 Eagan Dakota Township, Range, Section, Qtr. Section, Lot/Block, City, County TEP Members (and others) who reviewed project: (Check if viewed project site) (If) SWCD: Brian Watson (X) BWSR: Tom Mings (I) LGU: Eric Macbeth (X) DNR: N/A Other Wetland Experts present: Others Present: TEP requested by: City of Eagan - City Sponsored Project 1. Type of TEP determination requested (check those that apply): Delineation Exemption Determination No-Loss Determination X Replacement Plan 2. Description of wetland with proposed impact: a. Wetland Type (Circular 39) Type 5 b. Size of Proposed Impact (tenths of acre) 0.24 3. Have sequencing requirements been addressed? X yes _ no 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? Yes (I) No ( ) 5. The project will affect the following wetland functions: Functions Impact No Impact LM rove Floodwater Storage X Nutrient Assimilation X Sediment Entrapment X Groundwater Recharge X Low Flow Augmentation X Aesthetics/Recreation X Shoreland Anchoring X Wildlife Habitat X Fisheries Habitat x Rare Plant/Animal Habitat x Commercial Uses x 6. For replacement plan or no-loss determinations, are wetland functions maintained at an equal or greater level? Yes (X) No( ) 7. Does. Technical Evaluation Panel recommend approval of the activity proposed in item 1.? Yes (X ) See attached comments No ( ) If no, why? 8. SIGNATURES y(i TEP decision is not a copse us, note w t n asrisk and explain on the back of this page) t~ SWCD Representative (Date) B SR Representativ (Date) LGU e~resentative (Date) DNR Representative (Date) Drafted by Brian Watson, Dakota SWCD X 06/13/2003 11:53 EAGON MAINTENCE 4 CITY HALL DNSTR NO.735 1?02 Comments The Tec nical Evaluation Panel (T]rP) met to review the proposed expansion plans for the City of Eagan's Central Maintenf nce Facility and North Water Treatment plant. The TEP was requested by the City of Eagan since it is a City sponsored project Wetland. impacts will occur to a deep marsh wetland type located on-site. This wetland currently receives untreated stormwaer from the surrounding am. Wetland replacement would occur through use of the City's approved wetland ,bank (Account 179 - Fredrickson Bank). The TEP had the following recomutendadoas. I l_ Inc Application to withdraw wetland credits from the City's Wetland Bank could be changed to include 50% Public Value Credits (PVC) and 50% New Wedand Credits (NWC). Currently 100% of the credits to be withdrawn are NWC. It may be more advantageous for the City to reduce the proposed amount of NWC j since PVC is typically more abundant and less costly as part of development projects. 2. The TEP encouraged the City to evaluate methods to beat stortawatt r runoff from the site prior to disebarging into the wetland. A sump manhole was discussed as an alternative to pretreating storwwater since a water qualify basin will not be constructed as part of this project. I I I I I f , I DrTWtpj Brian Wateon, Dakota SWCD NpISNVd 3 U IMvi 213LVM EtL 2fON ' 9 ~ a A N w I 1 1 g r •1 l ~ ~ ~ I r i 11 I I 1 1 L I f 4 ~7 1! f~ ~ I I i i L I a II 11 ,I.~1 57- _ ~ 1 1 A N tl ~ ~ I ~ 1 i o f t o++ I i 4 1 i I Y~ .II 1i ' ~ - ` ` ~ Illy I \'1 , a ' ; ! JP III . _ - III i. I.. 1 1 I ~ ~ IL. 1. I 1 Yetirwl~. W I.,T ✓Y~=MrM..1 W , `3V Agenda Information Memo June 17, 2003 Eagan City Council Meeting CONSENT L. LAND PURCHASE AGREEMENT - BLUE CROSS BLUE SHIELD ACTION TO BE CONSIDERED: Approve a land acquisition purchase agreement with Blue Cross Blue Shield-Minnesota and authorize the Mayor and City Clerk to execute all related documents. FACTS: • As part of the expansion of the North Water Treatment Plant, the City needed to purchase 3.393 acres of land from BCBSM, located adjacent to and west of the City's Central Maintenance Facility. • Subsequently, a purchase agreement was negotiated with BCBSM that incorporated a land swap (dedication of public right of way for future development access), construction of the required access road (81~` St.) and defining the respective obligations and responsibilities for the wetland replacement and tree mitigation. • There is no net cost to the City associated with this purchase agreement. This agreement has been approved and signed by BCBSM, reviewed by staff and the City Attorney's office and found to be in order for favorable Council consideration. • Once approved by Council action, a formal closing will take place within 48 hours. This will allow the City to record the final plat for the Central Maintenance Addition (approved by Council on June 3, 2003) dedicating the referenced right of way and allowing the building permit to be issued for the construction of the Water Treatment Facility. Agenda Information Memo June 17, 2003 Eagan City Council Meeting M. CONTRACT 03-01, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 03-01 (Town Centre Area - Street & Access Management Improvements), award the contract to McNamara Contracting Inc., for the total base bid in the amount of $957,326.94, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-01 provides for the bituminous overlay and access management improvements of the streets in the Town Centre Area, as outlined and discussed in the feasibility report for Project 851. It also provides for the bituminous overlay of Crestridge Lane, as outlined and discussed in the feasibility report for Project 882. • On December 2, 2002, the City Council held a public hearing for Project 851. After staff presentation and public comment, the Council approved the project, authorized preparation of detailed plans and specifications. • On February 4, 2003, the City Council authorized street improvements for Crestridge Lane (Project 882). • On March 18, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-01. • At 10:30 a.m. on May 15, formal bids were received for this project. The bid received from the low bidder did not acknowledge receipt of Addendum No. 3 included with the bid proposal. Due to the irregularity in the bid and concern regarding potential costs and delays associated with any legal actions as a result of a contested contract award, the City exercised its right to reject any or all bids. • At 10:30 a.m. on Junel2, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from McNamara Contracting, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. • All easements or legal access needed for the construction of the improvements were acquired as of June 13, 2003. ATTACHMENTS: • Bid Summary, pages23-through3~. a 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 651.490.2150 FAX architecture engineering environmental transportation June 12, 2003 RE: City of Eagan, Minnesota Town Centre Area Street and Traffic Improvements S.A.P. Nos. 195-105-07, 195-114-05, 195-132-01 City Project Nos. 851 and 882 City Contract No. 03-01 SEH Project No. A-EAGAN0204.00 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Honorable Mayor and Members of the Council: On June 12, 2003, at 10:30 a.m. two (2) bids were received for the above-referenced project. The bids ranged from a low of $957,326.94 to a high of $1,049,690.33. The low bid was submitted by McNamara Contracting, Inc. The bid results are listed below. Base Bid McNamara Contracting, Inc. $957,326.94 Bituminous Roadways, Inc. $1,049,690.33 Engineer's Estimate $1,241,569.15 The following bid summary indicates how the bids received compare with the engineer's estimate and the preliminary feasibility study cost estimate. The low bid is 22.9% below the final engineer's estimate at the time of bid. Project 851 Project 882 Base Bid Base Bid Low Base Bid $917,638 $39,689 Feasibility Report Estimate $1,551,384 $37,320 Percent Under - / Over Estimate 40.9% 6.3% Engineer's Estimate $1,190,619 $50,950 Percent Under - / Over Estimate -22.9% -22.1 In reliance on our experience with McNamara Contracting, Inc. and/or materials and information provided by the contractor, we have determined that they have (1) have a sufficient understanding of the project and equipment to perform the construction for which it bid; and (2) according to their bonding agent they presently have the financial ability to complete the project bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Short Elliott Hendrickson Inc. Your Trusted Resource • Equal Opportunity Employer 3-3 Honorable Mayor and City Council City of Eagan, MN June 12, 2003 Page 2 Accordingly, we recommend the project be awarded to McNamara Contracting, Inc. in the amount of $957,326.94. We further recommend the City award the project contingent upon receipt of all permits and easements if all permits and easements have not been obtained at the time of award. A tabulation of the bids received is attached for your review. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Timothy J. Plath, P.E. Project Engineer nm Attachment x:\ae\eagan\020400\reports&specs\s\rebid\recawdltr. doc Short Elliott Hendrickson Inc. • Your Trusted Resource Equal Opportunity Employer Agenda Information Memo June 17, 2003 Eagan City Council Meeting N. CONTRACT 02-17. CENTRAL PARKWAY & CEDAR GROVE AREA STREETSCAPING & LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 02-17 (Central Parkway and Cedar Grove Area - Streetscaping and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-17 provides for the streetscaping and lighting improvements related to the Central Parkway and Central Park/Community Center improvements and the access modifications in the Cedar Grove Redevelopment Area. • This change order provides for the revision of the original completion date for the portion of the contract specific to Project 813, Central Parkway. • The original completion date for this, project was specified as April 30, 2003. Site access was delayed due to the construction activity of several existing projects associated with Central Parkway and the Community Center. The time extension is necessary for plant availability and delivery of certain plant species. • The revised completion date incurs NO additional costs to the contract. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • This change order provides for no change in the cost of the original contract. The new completion date for the portion of the contract related to Project 813 would be May 31, 2003. .3S Agenda Information Memo June 17, 2003 Eagan City Council Meeting CONSENT 0. TH 149, FEDERAL FUNDING APPLICATION ACTION TO BE CONSIDERED: Authorize the firm of Bonestroo, Rosene, Anderlik and Assoc. to prepare a Federal Funding Solicitation Application for State Trunk Highway (TH) 149 from TH 55 to Wescott Rd. FACTS: • Federal Funding for significant roads is made available to Regional areas through the Surface Transportation Program (STP) of the Intermodal Surface Transportation Efficiency Act - 21" Century (ISTEA - 21). State Highway 149 is currently classified as an "A" Minor Arterial on the Metropolitan Council's functional classification system. As such, it is eligible for funding through this program. • The City has submitted applications twice before for funding an upgrade of the current 2-lane rural section to a 44ane divided urban highway. Both times, the applications ranked high in qualifying needs, but were always just short of the available funding cutoff. Applications are again being solicited for project funding in 2008. • The proposed upgrade of this segment of State Highway is currently not included in MnDOT's State Transportation Improvement Program _(STIP) and it is not on their priority list for such an upgrade. However, they have allocated funds for an intersection improvement with signals at Wescott Rd. under their Safety Capacity improvement program and a structural overlay under their Preservation Program, both programs scheduled for 2004. • If the City is successful in qualifying for funding under this next round of applications, the money would not become available until 2008 year. However, it could be moved up to possibly 2006 based on its "readiness". To perform the improvement any earlier (i.e. 2005) would require the local agency to pre-finance the cost for reimbursement during the approved STP funding year. The City has the ability to borrow the necessary funds from the State's Municipal State Aid (MSA) account at no interest. • A preliminary review indicates that this segment of highway may again rank very high in needs to possibly qualify for funding under the new STP evaluation program. However, if MnDOT proceeds with their proposed safety and preservation improvements, the chances for the City to receive Federal funding in future years will be greatly diminished. MnDOT may be willing to postpone their projects one year if the City is making a strong effort to secure federal funding for the proposed upgrade. The City, in essence, has one last chance to obtain Federal funding for this segment of TH 149. • At staffs request, the City's consulting engineering firm of Bonestroo, Rosene, Anderlik and Assoc. (BRAA) has submitted a proposal to prepare an application for this next round of applications to the Metropolitan Council. The more detailed, encompassing and "mature" the application is, the better chance it has of being selected. However, the cost increases with the project's level of "maturity" identified on the application. These cost can range from approximately $11,000 to $180,000. The level of effort that the City is willing to expend will influence decision makers during the Federal selection process. 34~ i • After a review by the Public Works Director taking into consideration cost vs. benefit vs. risk of approval, it is recommended that a work order be authorized for BRAA to prepare an application at a cost not to exceed $36,000. .37 Agenda Information Memo June 17, 2003 Eagan City Council Meeting CONSENT P. CONTRACT 02-10, DODD ROAD (DIFFLEY RD TO WESCOTT RD) STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 02-10 (Dodd Road - Diflley Road to Wescott Road Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-10 provides for the street upgrade and utility improvements on Dodd Road from Diflley Road to Wescott Road (City Project No. 850 and 862). • The change order provides for the construction of various retaining walls, the additional grading of driveways, and the modification of existing utilities at the intersection of Diflley Road and Dodd Road. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $10,628.16 (0.61% of original contract. The cost of the additional work under the change order will be the responsibility of the City's Street Fund. 3U Agenda Information Memo June 17, 2003 Eagan City Council Meeting CONSENT Q. PROJECT 02-I, OLSON BURGER ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 02-I (Olson Burger Addition - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Olson Burger Addition was constructed north of Northwood Parkway, between Denmark Avenue and I-35E, in central Eagan. This development required the installation of sanitary sewer, water main, and storm sewer improvements, all performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo June 17, 2003 Eagan City Council Meeting R. LOT 1, BLOCK 1 HAWTHORNE WOODS 3R" ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on July 15, 2003. FACTS: • On May 27, 2003, City staff received a petition from Mr. Scott Priebe, 546 Eastwood Court, requesting the vacation of a portion of the drainage and utility easements within Lot 1, Block 1, Hawthorne Woods 3rd Addition, south of Di$ley Road and west of Highway 3 in eastern Eagan. • The purpose of the request is to allow the construction of an in-ground swimming pool in the backyard of the property. • The easements were originally dedicated to the City as part of the Hawthorne Woods 3rd Addition to accommodate overland drainage within the development. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. Agenda Information Memo June 17, 2003 Eagan City Council Meeting S. TRANSPORTATION CAPITAL 01PROVEMENT PLAN (2004-2008) DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve resolution requesting inclusion of all County Highway segments included in the approved City of Eagan 5-year Capital Improvement Plan for 2004-2008 in the Dakota County 2004-2008 Transportation Capital Improvement Plan and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 13, 2003, the Council received a presentation of the draft of the proposed Public Works Department 5-year Capital Improvement Plan (CIP) for 2004-2008. As a result of a detailed review and discussion, the Council directed only minor revisions to the CIP. • On June 3, the City Council approved the 5-year CIP as discussed at the May 13 Council Workshop, including improvements to County Highways that are important to the City of Eagan. • The Dakota County Highway Department is currently preparing their 5-year CIP for 2004-2008 which will be presented to the County Board for approval. • The County and City share the cost of the improvements on a 55% / 45% split on all improvements to County Highways. • The County staff has requested a formal position from the cities of Dakota County regarding their interest in the County Transportation Plan for 2004-2008. It is appropriate for the City Council to send such a resolution to the County based on the City's approved CIP for 2004-2008. Agenda Information Memo June 17, 2003 T. TRAFFIC SIGNAL LIGHT REPLACEMENT DAKOTA COUNTY HIGHWAY DEPARTMENT ACTION TO BE CONSIDERED: Approve payment for replacement of traffic signal lights to Dakota County Highway Department in the amount of $6,205. FACTS: • The Dakota County Highway Department has been contacted by Xcel Energy with a rebate offer encouraging the replacement of all current incandescent traffic signal lights that have not been upgraded to the light-emitting diode (LED) units on County operated traffic signals. • A majority of the traffic signals providing operational control to city streets are located at intersections with County highways. • All recent traffic signal modifications included in City contracts have included the upgrade to the LED signal lights. • The LED lights are more visible and do not cease functioning at the termination of their life expectancy, but slowly decrease in brightness, unlike the incandescent lights which stop working immediately upon completing their full life. • The payback in reduced energy usage and associated cost savings for replacing the signal lights is one year. • In accordance with the existing traffic signal agreements with the Dakota County Highway Department, the City of Eagan reimburses the County for any electrical costs relevant to the proportion of City streets at a signalized intersection. • The City's portion of the rebated cost for the LED light upgrade is $6,205 and will be the responsibility of the City's Major Street Fund. Z/ CPZ Agenda Information Memo June 17, 2003 Eagan City Council U. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - MARK GERGEN & ASSOCIATES ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolution of Denial of the Comprehensive Guide Plan Amendment request of Mark Gergen and Associates to change the land use designation of approximately six acres platted as Lots 1 and 2, Cedar Ridge 2nd Addition, from O/S, Office Service, to MD, Medium Density residential, located in the northwest'/4 of Section 30. FACTS: • At its regular meeting on June 3, 2003, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Comprehensive Guide Plan Amendment request to be considered at the June 17, 2003 Council meeting. ATTACHMENTS (1): Findings of Fact, Conclusions and Resolution of Denial, pages through 3 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Mark Gergen FINDINGS OF FACT, & Associates for a Comprehensive CONCLUSIONS AND Guide Plan Amendment to Change RESOLUTION Land Use Designation from O/S to MD This matter came before the Eagan City Council at its meeting of June 3, 2003. The Council received and considered the May 16, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on May 27, 2003; evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. Mark Gergen of Mark Gergen & Associates appeared at the public hearing held by the Advisory Planning Commission and at the meeting of the City Council on June 3, 2003. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Mark Gergen & Associates (the "Applicant") for a Comprehensive Guide Plan Amendment to change the land use designation of six acres platted as Lots 1 and 2 Cedar Ridge 2nd Addition (the "Property") from O/S, Office/Service to MD, Medium Density. 2. Pursuant to the City's Comprehensive Guide Land Use Plan, which was updated in February of 2001, the Property is designated as O/S, Office/Service. 3. The Comprehensive Guide Land Use Plan identifies Office/Service designations for those areas that will provide offices and lower intensity service and retail businesses, generally compatible with other commercial, retail and light industrial uses that can serve as a buffer between more intense commercial or industrial uses than lower intensity residential uses. 4. The Property is surrounded by a church to the north, a nursery and dental office to the east, land approved for medium density townhouses to the south and Trunk Highway 77 to the west. 5. The Property is presently zoned LB, Limited Business. 6. The Property is located within a future airport flight corridor which will expose the Property to noise from air traffic. 7. Since the Property abuts Trunk Highway 77, a noise abatement plan would be necessary as the traffic noise from Trunk Highway 77 could exceed noise standards published by the Minnesota Pollution Control Agency. 8. In 1997, the City considered an application to change the land use designation for the Property from GB, General Business to D-III, Mixed Residential (6-12 units per acre). 9. The 1997 application was denied for reasons of incompatibility with the surrounding commercial uses, the potential for air traffic noise and safety concerns of establishing a residential use in a largely commercial area. 10. The elevation of the Property is below the grade of Trunk Highway 77 and is at the same grade as the landscaping business lying to the east. 11. There is a significant amount of commercial activity associated with the landscape business to the east, including truck traffic, odors emanating from fertilizers, and noise generated by trucks and the loading of landscaping material. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. ~3,9 2. Bringing residential housing immediately adjacent to a landscape business will cause compatibility problems between the land uses, as evidenced by similar concerns identified at similar locations of landscaping businesses and residential development. 3. The topography of the Property reduces the potential for mitigation of noise impacts. 4. The Property retains a viable use as an O/S, Office/Service designation. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for a Comprehensive Guide Plan Amendment to change the land use designation of six acres platted as Lots 1 and 2 Cedar Ridge 2nd Addition from O/S, Office/Service to MD, Medium Density is hereby denied. Dated at Eagan, Minnesota this day of 52003. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Karels Its: Deputy Clerk Agenda Information Memo June 13, 2003 V. APPROVE AGREEMENT WITH SAVIN CORPORATION TO LEASE NEW COPY MACHINES FOR CITY HALL ACTION TO BE CONSIDERED: To approve an agreement with Savin Corp. to lease new copy machines for City Hall. FACTS: • The high production Kodak copy machine located at City Hall has come to the end of its useful life. The City will have owned this piece of equipment for ten years this September. The machine is heavily used by all departments copying large volumes of documents, i.e. Council and commission packets, parks and recreation flyers, etc. In addition to the large print runs, this also serves as the primary copy machine for Administration, Finance and Parks. Since maintenance calls have been steadily increasing over the past few years, and efficiency has become an issue, staff researched the feasibility of replacing the Kodak copier. • Copy machine technology has changed dramatically in the past ten years. The Kodak copier is an analogue machine while most of the new copiers produced today are digital, thus offering many more advantages and creating larger scales of efficiencies. Additionally, copiers now serve as document management centers affording the capability of scanning, sending e-mails, document storage and retrieval. • Since the Kodak copier is owned by the City, the only costs are operational and are related to supplies, usage (cost per copy) and maintenance. However, these costs still equate to approximately $15,000 per year. Since the replacement of the copy machine was not a budgeted item, every attempt was made to secure new equipment without expending any additional dollars over what is currently spent each year. • In determining whether to purchase or lease the equipment, the conclusion was reached that it is more beneficial to lease machines rather than purchase new equipment. The lease option was more attractive due to the rapidly changing technology and the fact that at the end of a machine's useful life, there is little or no resale value associated with the old equipment. • Staff worked with several vendors in researching the best type of equipment to replace the existing machine. It was determined that two machines would provide the necessary production level while also offering flexibility so that more than one user could be making copies. Four vendors demonstrated their copiers at the Community Center and staff had an opportunity to test out the new equipment. • Quotations were then solicited with the deadline for submission of May 22. Based on feedback from staff and the quotations submitted, the Savin Corp. was determined to be the best value. • The proposal from Savin Corp. is for a five-year lease at $579 per month for two machines that produce 60 copies per minute. The monthly lease payment of $579, in addition to the service and supplies charge of $383 plus applicable taxes, equates to a monthly cost of approximately $1,040. The yearly lease payment, supplies and maintenance costs will be around $12,500 compared to the $15,000 per year for the Kodak. If more than the allotted number of copies is generated per month, the per- copy cost charged by the Savin Corp. is significantly lower than any of the other competitors. • Since the lease option poses an economically feasible option for the replacement of the Kodak copier, even resulting in a cost-savings per year, staff is requesting Council's authorization to enter into an agreement with Savin Corp. for the lease of two new digital copiers. , ATTACHMENTS: • None. Agenda Information Memo June 13, 2003 W. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR DANIEL GAVIN, DBA AL BAKER'S RESTAURANT, 3434 WASHINGTON DRIVE ACTION TO BE CONSIDERED: To approve the On-Sale Liquor and Sunday license for Gavin Burnette Management, Inc., dba Al Baker's Restaurant, 3434 Washington Drive. FACTS: • Daniel Gavin, on behalf of Gavin Bumette Management, Inc., has applied for an On-Sale and Sunday Liquor license with the City of Eagan. The principal of the corporation is Daniel Gavin. • The applicant plans on purchasing the existing Al Baker's Restaurant, located at 3434 Washington Drive, on July 1, 2003 from Al Baker Company. • Daniel Gavin has submitted the required documents. They have been reviewed and deemed in order by City staff. • The Police Department has conducted an investigation does not find any reason to deny the applicant the On-Sale Liquor and Sunday license. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo June 17, 2003, Eagan City Council Meeting Consent Agenda: X. ROTARY CLUB DONATIONS ACTION TO BE CONSIDERED: Acceptance of two (2) $500 donations from the Rotary Club of Eagan and direction to prepare a thank-you letter to acknowledge the donation. FACTS: • Each year the Rotary Club of Eagan presents the "Outstanding Public Safety Award" to a member of the Eagan Police and Eagan Fire Departments in recognition of outstanding public service. • This year's award was presented on June 11th to Police Dispatcher Kathryn Falk and Fire Captain Tim Bush. • As part of this year's recognition, the Rotary Club has donated $500 to the Police Department and $500 to the Fire Department, with the request that the funds be spent by each department for public safety purposes. • The Police Chief and Fire Chief will report to the City Administrator how the funds will be used. Agenda Information Memo June 17, 2003 Eagan City Council Meeting CONSENT Y. YANKEE DRIVE RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public right-of-way and schedule a public hearing to be held on July 15, 2003. FACTS: • On June 10, 2003, City staff received a petition from Ms. Amber VanDyke from United Properties representing Blue Cross/ Blue Shield of Minnesota, requesting the vacation of public right-of-way on Yankee Drive from Highway 13 to Yankee Doodle Road in northwest Eagan. • Blue Cross/ Blue Shield owns a large majority of the properties adjacent to Yankee Drive. The purpose of the request is to allow the redesign of Yankee Drive as a private street with more parking lot and pedestrian connection between the Blue Cross properties. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS: • Location map, page. m a ICY Proposed YANKEE DOODLE ROAD Vacation SLVM SRI Fax o - zi ~ RSVP Q IFFLEY ROAD s n GAVacabonsXYAMKEE DR Yankee Drive sed Easement Vacation 6/11/03 Location Map City of Eagan Agenda Information Memo June 17, 2003 Eagan City Council Meeting PUBLIC HEARING A. PROJECT 801. SILVER BELL ROAD STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve/Modify the Final Assessment Roll for Project 801 (Silver Bell Road - Street Improvements) and authorize its certification to Dakota County for collection excepting Parcel 10-22450-020-01 and schedule a new public hearing to be held on July 15, 2003 for said parcel. FACTS: • Project 801 provided for the resurfacing of Silver Bell Road between Alder Lane and Blackhawk Road in conjunction with the access reconfiguration of the intersection of Silver Bell Road, Cedar Grove Parkway, and Cedarvale Boulevard, all as part of the redevelopment of the Cedar Grove (Cedarvale) area. • The Final Assessment Roll was presented to the City Council on May 20, 2003, with a public hearing scheduled for June 17 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are approximately 4% to 18% more than the estimate contained in the feasibility report presented at the public hearing held on December 11, 2001. The increased rate of assessments is due a decreased amount of assessable property front footage from that calculated in the feasibility report. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on June 11 to address all property owners' questions or concerns and provide any additional information of interest. Of the 372 parcels being assessed, no one attended the meeting. No objections have been received to date. ISSUES: • The notice that was sent to Parcel 10-22450-020-01 did not reflect the correct assessment amount. A portion of its assessment was inadvertently allocated to other properties. In order to insure the validation of the proposed higher assessment amount, it is necessary to schedule a new hearing and re-notice this parcel only. The other affected parcels have had their reduced assessments corrected in the Final Assessment Roll being presented to the Council for approval. ATTACHMENTS: • Final Assessment Roll summary, pages,57 through. FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 801 ASSESSMENT - June 17, 2003 NAME - Silver Bell Road-Alder Lane to IMPROVEMENT - December 11, 2001 Blackhawk Road Mill and Overlav IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasibility Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/hunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk 0 Surfacing Single Family 499.33 478.00 /Unit ❑ Lateral Townhouse 7.83 7.50 /F_F. ❑ Service ❑ Lat. Benefit/trunk High Density 18.17 15.40 /F_F. Residential ❑ WAC C/I Properties N/A(l) 20.57 /F_F. 0 Driveway 67.77 65.12 SQ.. Yd. SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $75,100 F.R. $163,900 F.R. 01-05 372 5 YEARS 5.50% $75.936.26 $179.846.38 COMMENTS: Lot 1, Block 1, Silver Bell Center was included in the feasibility report for this project and for Project 800R. The mill and overlay portion of this project did not abut the noted property. Therefore no assessment is proposed to the property in this assessment roll. It will be assessed for a street improvement project as part of Project 800R. MEMO city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: May 16, 2003 SUBJECT: Final Assessment Roll Project No. 801 Silver Bell Road-Alder Lane to Blackhawk Rd Street Overlay The City Council at the conclusion of the public hearing on December 11, 2001 ordered Project 801. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of existing streets and replacement of curb and gutter. In the feasibility study, it was proposed to assess the improvements using linear unit methods of assessment. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 01-05, which is not complete. The City's consulting engineering firm has supplied the quantities used to complete this project. Contract 01-05 as awarded also provided for the construction of Projects 80OR and 759R. The assessment hearing is scheduled for June 17, 2003. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $190,116.24 paid to the contractor 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 in the amount of $65,666.40 were incurred resulting in an improvement and project cost of $255,782.64. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing $117,262.24 $40,502.53 $157,764.77 $144,500 Driveway 5,591.00 1,931.13 7,522.13 12,300 Curb repair 67,263.00 23,232.74 90,495.74 60,800 Utility repair 0.00 0.00 0.00 21,400 TOTAL $190,116.24 $65,666.40 $255,782.64 $239,000 C2 l~ II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization Lump Sum 0.05 $41,000.00 $ 2,050.00 Mill bituminous surface Sq. Yd. 11,200 0.65 7,280.00 Sawing Bituminous Pavement Lin Ft 1,400 3.50 4,900.00 Bituminous mat. for tack coat Gal. 1,740 2.50 4,350.00 Type MV4 Wear Course Ton 2,176.83 38.00 82,719.54 Adjust Gate Valve Each 3 200.00 600.00 Adjust Frame and Ring Casting Each 3 140.00 420.00 Traffic Control Lump Sum 0.05 36,000.00 1,800.00 Striping- Solid Line White Lin Ft 1145 0.26 297.70 Striping -Double Solid Yellow Lin Ft 3500 0.56 1,960.00 Striping - 24" Solid Yellow Lin Ft 440 3.15 6,160.00 Pavement Message - Only Each 14 170.00 2,380.00 Pavement Message - Arrow Each 25 93.80 2,345.00 Subtotal $ 117,262.24 Other costs @34.54% 40,502.53 Mill and Overlay $157,764.77 Improvement Cost A. Commercial and Industrial Property Assessment Rate No assessment rate is computed for this land use classification. In the feasibility report one commercial and industrial classified property was proposed for a mill and overlay assessment. That property will not be assessed in this roll, because it is proposed for a street and utility assessment with Project 800R, Cedar Grove Access Modification 3. s-3 B. High Density Residential Property The improvement and assessment rates for the high density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $157,764.62 6,507 F.F. $24.23/F.F. IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $24.231F.F. X 75% $18.17/F.F. C. Town-House Residential Property Assessment Rate The improvement cost for the town house residential property classification was computed using: The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization Lump Sum 0.05 $41,000.00 $ 2,050.00 Mill bituminous surface Sq. Yd. 11,200 0.65 7,280.00 Sawing Bituminous Pavement Lin Ft 1,400 3.50 4,900.00 Bituminous mat. for tack coat Gal. 1,740 2.50 4,350.00 Type MV4 Wear Course Ton 2,176.83 38.00 82,719.54 Adjust Gate Valve Each 3 200.00 600.00 Adjust Frame and Ring Casting Each 3 140.00 420.00 Traffic Control Lump Sum 0.05 36,000.00 1,800.00 Subtotal $ 104,119.54 Other costs @34.54% 35,962.89 Mill and Overlay $140,082.43 Improvement Cost IMPROVEMENT SIZE ADJUSTED COST ADJUSTMENT IMPROVEMENT COST $140,082.43 32/44 $101,878.13 ADJUSTED ASSESSABLE IMPROVEMENT COST UNITS IMPROVEMENT RATE $101,878.13 6,507 F.F. $15.66/F.F. IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $15.66/F.F. X 50% $7.83/F.F. 4 D. Single Family Residential Property Assessment Rate The improvement cost for the single-family residential property classification was computed using: TOTAL IMPROVEMENT COST Total Improvement Cost $101,878.13 Less: Costs for Non-Assessable Property 1,779 15.66 27,859.14 Costs for High Density Residential 3,031 15.66 47,465.46 Properties Costs for Town-House Properties 1313 15.66 20,561.58 Improvement Cost for Single $5,991.95 Family ADJUSTED ASSESSABLE IMPROVEMENT COST UNITS IMPROVEMENT RATE $5,991.95 6 UNITSs $998.66/Unit IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $998.66/Unit X 50% $499.33/Unit 2. Driveway Replacement The cost to replace concrete valley gutter amounted to $5,591.00. Other costs in the amount of $1,931.00 were allocated resulting in a replacement cost of $7,522.13. This improvement will be financed by assessment to the benefited properties. The assessment rate was computed in the following manner: TOTAL IMPROVEMENT ASSESSABLE COST UNITS ASSESSMENT RATE $7,522.13 111 Sq. Yd $67.77/Sq. Yd. 3. Curb and Gutter Replacement The cost to replace damaged curb and gutter amounted to $67,263.00. Other costs in the amount of $23,232.74 were allocated resulting in a replacement cost of $90,495.74. This improvement will be financed by the City's Major Street Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 5.50 % on the unpaid balance. S!5- III. CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT CITY'S IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY) Streets Resurfacing $157,764.77 68,413.78 $(89,350.99) Driveway 7,522.13 7,522.48 .35 Curb Replacement 90,495.74 0.00 (90,495.74) TOTAL $255,782.64 $75,936.26 $(179,846.38) The following funds will provide financing for the listed improvements. Major Street Fund $179,846.38 Total $179,846.38 Gerald R. Wobschall Reviewed Review ,bAlic Works Department Finance D artment Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I GRW 6 S8 Combined Assessment Roll SA_NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-13300-010-02 BALLANTRAE 1ST ADDITION $4,847.64 $0.00 $4,847.64 $4,104.25 ($743.39) 10-13301-010-01 BALLANTRAE 2ND ADDITION $11,186.85 $0.00 $11,186.85 $11,126.00 ($60.85) 10-14991-010-00 BRIAR HILL 2ND $1,960.88 $0.00 $1,960.88 $1,660.74 ($300.14) 10-16711-011-01 CEDAR GROVE #11 $499.33 $0.00 $499.33 $478.00 ($21.33) 10-16711-012-01 CEDAR GROVE #11 $499.33 $0.00 $499.33 $478.00 ($21.33) 10-16711-020-01 CEDAR GROVE #11 $998.66 $0.00 $998.66 $956.00 ($42.66) 10-16711-080-03 CEDAR GROVE #11 $499.33 $0.00 $499.33 $478.00 ($21.33) 10-16711-090-03 CEDAR GROVE #11 $499.33 $0.00 $499.33 $478.00 ($21.33) 10-22450-020-01 EAGAN-METRO CENTER $21,391.44 $4,513.48 $25,904.92 $22,550.80 ($3,354.12) 10-22451-110-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-111-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-112-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-113-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-114-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.90) 10-22451-115-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-116-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-117-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-118-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-119-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-120-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-121-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-122-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-123-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-124-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-125-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-126-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-127-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-128-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-129-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) i(SF~7!T~S`>]^AY'rU2°ILYt.r:: "'c risrtYn6'FT!. w.r~ -r,.~.; _c ..•'?x-.i~^'ro.aT;.w: IL^^vv •Y':...rCI.1W:r&9C1v1ACV.,tTn:.AJY.'Y"A..4"i.....~.^: r,a., n_.tGi'.o-..'-: •3h`JM NC 6R:S~~AS'f]!'69fv.-.v4.mss*'n'x':?r.•.C9.°llIR1p991 Friday, June 13, 2003 Page 1 of 13 v Combined Assessment Roll SA_NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated. Variance Assessment 10-22451-130-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-131-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-132-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-133-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-134-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-135-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-136-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-137-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-138-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-139-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-140-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-141-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-142-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-143-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-144-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-145-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-146-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-147-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-148-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-149-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-150-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-151-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-152-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-153-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-154-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-155-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-156-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-157-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-158-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) Friday, June 13, 2003 Page 2 of 13 Combined Assessment Roll SA_NBR 10P801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-22451-159-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-160-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-161-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-162-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-163-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-164-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-165-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-166-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-167-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-168-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-169-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-170-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-171-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-172-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-173-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-250-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-251-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-252-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-253-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-254-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-255-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-256-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-257-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-258-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-259-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-260-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-261-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-262-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-263-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) Friday, June 13, 2003 ~ Page 3 of 13 Combined Assessment Roll SA_NBR JOP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-22451-264-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-265-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-266-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-267-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-268-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-269-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 .$64.29 ($8.99) 10-22451-270-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-271-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-272-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-273-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-274-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-275-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-276-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-277-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-278-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-279-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-280-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-281-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-282-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-283-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-284-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-285-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-286-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 - $64.29 ($8.99) 10-22451-287-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-288-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-289-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-290-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-291-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-292-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) ::,•-.raw..~srP.ar:a+crcxnvs:z.r:.c,rsm ~rmmr:vx _r..rx_-.:-aa ._r .rFr.+_ae~.:~.-: .e•.ra,;g r.tt . -.•z .:.>:-a:.s.r.:.-,..:..„_~....gs~aef.r~.r•..r..-r,~r~..vx•~-,c.~~ar-v.~.nsi Friday, June 13, 2003 Page 4 of 13 Combined Assessment Roll SA_NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-22451-293-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-294-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-295-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-296-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-297-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-298-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-299-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-300-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-301-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-302-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-303-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-304-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-305-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-306-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-307-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-308-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-309-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-310-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-311-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-312-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-313-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-401-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-402-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-403-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-404-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-405-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-406-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-407-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451408-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) aexmr<mx»rs ~esrtar^.c~r, aaa:, .-.w... -,,.->.a.+.aasz-....vMVVav~a.r:.:.-:.-. ,w.-v-m.aeam~ .,-.r•..; ...e;-.:.e av.. ;.r,:.rs:x..a~a.4•..+,s..c.-.:-.,F.:a%-..:+~eew•an~ "a Friday, June 13, 2003 Page 5 of 13 Combined Assessment Roll SA NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-22451-409-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-410-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-411-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-412-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-413-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-414-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-415-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-416-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-417-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-418-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-419-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-420-01 EAGAN-METRO CENTER 2N $61.53 $1115 $73.28 $64.29 ($8.99) 10-22451-421-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-422-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-423-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-424-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-425-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-426-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $7128 $64.29 ($8.99) 10-22451-427-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-428-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-429-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-430-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-431-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-432-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-433-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-434-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-435-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-436-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-437-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) }1t31RdHw:t4T+.\'.X4K: F3...^s. c••^13J. L... tTH. _t ..',ix?Vt:'~ :~-...~_Ft'f4.'!Yr.•T.z •.^'Yr s. J.. -x.. av!.-te~,f4f^l]tu.'M~1:...v.t. ~Ptt d6~dt•-'ID1%/N+T3v:S.Y]t2:it Friday, June 13, 2003 Page 6 of 13 Combined Assessment Roll SA_NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-22451-438-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-439-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-440-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-441-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-442-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-443-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451 444-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-445-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451446-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-447-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-448-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-449-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-450-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-451-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-452-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-453-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-454-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-455-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-456-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-457-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-458-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-459-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-460-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-461-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-462-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-463-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-464-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-501-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-502-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) xnws:rtrc%~ccrwrsa_»sew•:.::..-.+,.•emx*.sar.. y..,, srsa.s~:rre-~ra-_ ...-;erruewT+cr c~:rrvxuv_:c:,..,- -,tames-.asar:a. r-.~sw at. recw _r. ~e3a-.w+rsni*~mnn. - Friday, June 13, 2003 <3 Page 7 of 13 Combined Assessment Roll SA NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-22451-503-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-504-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-505-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-506-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-507-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-508-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-509-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-510-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-511-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-512-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-513-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-514-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-515-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-516-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-517-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-518-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-519-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-520-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-521-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-522-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-523-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-524-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-525-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-526-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-527-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-528-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-529-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-530-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-531-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) Friday, June 13, 2003 Page 8 of 13 6 Combined Assessment Roll SA NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-22451-532-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-533-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-534-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-535-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-536-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-537-01 EAGAN-METRO CENTER 2N $61.53. $11.75 $73.28 $64.29 ($8.99) 10-22451-538-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-539-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-540-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-541-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-542-01 EAGAN-METRO CENTER 2N $61.53 $11.7.5 $73.28 $64.29 ($8.99) 10-22451-543-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-544-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-545-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-546-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-547-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-548-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-549-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-550-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-551-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-552-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-553-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-554-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-555-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-556-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-557-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-558-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-559-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.26 $64.29 ($8.99) 10-22451-560-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) Friday, June 13, 2003 Page 9 of 13 Combined Assessment Roll SA_NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-22451-561-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-562-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-563-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-22451-564-01 EAGAN-METRO CENTER 2N $61.53 $11.75 $73.28 $64.29 ($8.99) 10-68100-010-01 SILVER BELL CENTER $0.00 $0.00 $0.00 $3,350.24 $3,350.24 10-77100-010-01 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-02 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-03 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-04 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-05 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-06 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-07 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-08 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-09 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-10 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41, $25.44 10-77100-010-11 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-12 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-13 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-14 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-15 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-16 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-17 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-18 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41. $25.44 10-77100-010-19 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-010-20 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-01 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-02 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-03 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-04 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 V.:`sY~• ~C~ 3M\bt.YY{f1.b:n/AlT.~KY.if.yvac..~....f...r'::n..•.?'2R£.'SS,.~-.v~Tfw.x'q. ..:.:-c~.~4':X:iS•.Tt'l v....-..:::-....:..t'.t'..-... ...:.:-:.z-x.. :e--_.. ..~.t...~rt t•-C~~a.~r~:R:w'.~SKA Friday, June 13, 2003 Page 10 of 13 6 Combined Assessment Roll SA_NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-77100-020-05 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-06 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-07 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-08 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-09 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-10 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-11 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100.020-12 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-13 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-14 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-15 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-16 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-17 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-18 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-19 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-020-20 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-01 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-02 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-03 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-04 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-05 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-06 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-07 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-08 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-09 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-10 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-11 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-12 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-13 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 v~:Mr~»:t:~YK^"Rz'.t?++.- ..ic'. ^.._Yw..av..`.t..+k~:?a: s,.YP1E[4RtlIiSnLSMZl•tn.r. ..v:H-i T-x;.y«y:'. ^Fia. •,........-y.. f~ xR_.Nek4Ai[..Me.Y~er':r •..•.7o,..xht1!!!J_M'.vt`.TC Mtf;'»~F%fRi6t?SRS'~S Friday, June 13, 2003 Page 11 of 13 Combined Assessment Roll SA NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-77100-030-14 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-15 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-16 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-17 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-18 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-19 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-030-20 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-01 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-02 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-03 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-04 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-05 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-06 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-07 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-08 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-09 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-10 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-11 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-12 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-13 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-14 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-15 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-16 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-17 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-18 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-19 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-040-20 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-01 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-02 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 Friday, June 13, 2003 Page 12 of 13 Combined Assessment Roll SA_NBR 1OP801 PID ADDITION NAME Overlay Driveway Total Estimated Variance Assessment 10-77100-050-06 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-08 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-09 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-10 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-12 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-13 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-17 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-18 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-19 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-050-20 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-01 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-02 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-06 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-08 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-09 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-10 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-12 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-13 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-17 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-18 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-19 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-060-20 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-070-20 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 10-77100-080-20 TOWN VIEW 1ST $96.97 $0.00 $96.97 $122.41 $25.44 Summary for 'SA_NBR' = 1OP801 (372 detail records) Sum $68,413.29 $7,521.48 $75,934.77 $75,093.73 ($841.04) -»arc...~a-uinev:.cx..vv~in.-er, .:s :.r:n.>.su.,•;. x.^-a....-x.-x.nz'srr~.¢rxo~srt~.-rr: : ;_:-enx~..a ~:rwxu:+mmzaets'.rx+~,• exr:.<,-.,..._.z.,-w•vw+avr-=Yrs.•x-wroa.¢+F.zia:u;xmcrang Friday, June 13, 2003 Page 13 of 13 Zia H3HIV3H wn,N, :1 = i,_ N-310 WOQNpo :1 > NONNVHS • 1 M LO LO r- (sb) ni WniNIWpa :I ImNpo 6C.A. 69. u8 N3lp NONN 1 ~ u • VHS M 0 M ti = = c c I oo rn co cfl co 1 '10 132inv-l Z 69. N N 1 w gv~@ o 0 1 W Co J L L i d > O O > - ~ O O Q ¢ W 1 ~ U) 1 ; b LOlulO y : (n T~ • T"~:O wo (n co Q U LLJ CU I AL- O p O 1 ro J 0- 4-0 a~ 1 a w ~ 1 p 1 Q m cu I O d~ > CD 1 w 1 1 3bItIlN V11VO J 1 UJ cu i m 1 1 co 1 > 1 1 J I 1 ~ 1 1 I ~ i God' 1 t7~a••0~6- ■ 'N-1 2]3(31V 0 . ~/S W c ca co p w Sj6 a in 0 Agenda Information Memo June 17, 2003 Eagan City Council Meeting PUBLIC HEARING B. PROJECT 809, BLUE GENTIAN ROAD - STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve/Modify the Final Assessment Roll for Project 809 (Blue Gentian Road - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Contract 809 provided for the street and utility extension improvements for Blue Gentian Road from Blue Water Road to Highway 55. • The Final Assessment Roll was presented to the City Council on May 20, 2003, with a public hearing scheduled for June 17 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are at least 27% less for each property, than the estimate contained in the feasibility report presented at the public hearing held on February 6, 2001. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. The property owner of the three commercial/industrial properties proposed to be assessed (Spectrum Business Park), has signed an agreement waiving their rights to object to the assessment. ATTACHMENTS: • Final Assessment Report, pages through FINAL. ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - Err eject 909 ASSESSMENT - June 17,E NAME - Blue Gentian Road IMPROVEMENT- Ft-bn lary 6. 2001 Utility and Street Installation IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R-=Feasibility Report FINAL F.R FINAL F.R RAC RATE. TWITS RATE RATE TWITS SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk El Lateral 29,799.16 25,668 L.S. 1Z Lateral 44,907.29 38,779 L.S- ❑ Service ❑ Lat. Benefit/trunk WATER STREE1 ❑ Trunk ❑ Gravel Base ❑ Lateral Bf Blue Gentian Rd 356,997 L.S. ❑ Service ❑ Multi Fam Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk OTHER STREET LIGHTS Completion ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTF,RF.ST AMOUNT CITY bn PARCFI S TERMS RATE ASSESSED FINANCED $477,250 5517.050 01-06 3 10 Years 5.50%, %994,919-91 $x,192.65 COMMENTS: MEMO TO: MAYOR AND CITY COUNCIL FROM: GERALD R. WOBSCHALL, FINANCIAL CONSULTANT DATE: March 22, 2001 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 809 BLUE GENTIAN ROAD The City Council at the conclusion of the public hearing on February 6, 2001 ordered Project 809. According to the feasibility report, the following improvements were to be constructed and assessed: sanitary sewer lateral, water main, storm sewer lateral and street improvements with a traffic signal. In the feasibility report, it was proposed to assess the %2 of sanitary sewer, storm sewer and street improvement costs to the Spectrum Business Park Development. The remaining %2 of the improvement costs along with the water main improvements are to be financed by the City. The traffic signal improvement has been delayed by the Minnesota Highway Department. It will be installed at a later date, perhaps as part of a project to upgrade Lexington Avenue. This assessment roll is prepared using the methods presented at the public hearing for the project. Construction of the improvements was accomplished under Contract No. 01-06, which is complete. The City has not been able to finalize an easement amount from an abutting property owner. It is proposed to hold a supplemental assessment hearing at a future date when the amount payable for the easement is determined. The assessment hearing is scheduled for June 17, 2003. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $307,108.00 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 $261,673.62 and easement costs totaling $52,319.84 were incurred resulting in an improvement and project cost of $621,101.46. 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 Sanitary Sewer Lateral $31,099.64 $26,498.68 $57,598.32 $51,136 Water Lateral 8,422.00 7,176.03 15,598.03 19,448 Storm Sewer Lateral 48,386.50 41,228.07 89,614.57 77,556 Street 210,741.26 231,883.47 442,624.73 774,583 Traffic Signal 2,350.00 2,002.33 4,352.33 71,500 Bituminous Island 6,108.60 5,204.88 11,313.48 Total $307,108.00 $313,993.46 $621,101.46 $994,223 2 ~13 II. 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 Improvements An 8 inch PVC sanitary sewer lateral was extended approximately 820 feet in a westerly direction toward Highway 55 from the intersection of Blue Gentian Road and Blue Water Road. The construction cost.was $31,099.64. Other costs in the amount of $26,498.68 were allocated to the construction costs. This results in an improvement and assessable cost of $57,598.32 to the benefited parcels. The feasibility report called for 50% improvement cost to be assessed. The balance of the costs will be assessed when connection is made to the City's utility system. The assessment amount was computed in the following manner: IMPROVEMENT COST ASSESSABLE PORTION ASSESSMENT AMOUNT $57,598.32 50% $28,799.16 2. Water Lateral Improvement An 8-inch DIP was extended beneath Blue Gentian Road in a northwesterly direction at intersection with Blue Water Road and Trunk Highway 55. The construction cost was $8,422.00. Other costs in the amount of $7,176.03 were allocated to the construction costs. This results in an improvement cost of $15,598.03. The feasibility report called for this improvement to be financed by the City as it was constructed to provide for future looping of the water system. 3. Storm Sewer Improvement Storm sewer infrastructure in Blue Gentian Road was extended approximately 1,050 feet in a westerly direction from the intersection with Blue Water Road. The construction cost was $48,386.50. Other costs in the amount of $41,228.07 were allocated to the construction costs. This results in an improvement and assessable cost of $89,614.57 to the benefited parcels. The feasibility report called for 50% improvement cost to be assessed. The balance of the costs will be assessed when connection is made to the City's utility system. The assessment amount was computed in the following manner: IMPROVEMENT COST ASSESSABLE PORTION ASSESSMENT AMOUNT $89,614.57 50% $44,807.29 3 4. Street, Improvement Blue Gentian Road was extended approximately 1,250 feet in a westerly direction from its intersection with Blue Water Road. The construction cost was $210,741.26. Other costs in the amount of $179,563.63 were allocated to the construction costs plus $52,319.84 of easement costs. This results in an improvement and assessable cost of $442,624.73 to the benefited parcels. The feasibility report called for 50% improvement cost to be assessed. The balance of the costs will be assessed when connection is made to the City's utility system. The assessment amount was computed in the following manner: IMPROVEMENT COST ASSESSABLE PORTION ASSESSMENT AMOUNT $442,624.73 50% $221,312.36 5. Traffic Signal Modifications to the traffic signal at the intersection of Blue Gentian Road and Minnesota Trunk Highway #55 were made at a construction cost of $2,350.00. Other costs in the amount of $2,002.33 were allocated to the construction costs. This results in an improvement cost of $4,352.33. The feasibility report called for this improvement to be financed by the City. 6. Bituminous Island The State of Minnesota requires the construction of a bituminous island to channel traffic at the intersection of Trunk Highway 55 and Blue Gentian Road. The construction cost of the island amounted to $6,108.60. Other costs in the amount of $5,204.88 were allocated resulting in an improvement cost of $11,313.48. This improvement is proposed for financing by the City's Major Street Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 10 years. The interest rate is 5.50% per annum on the unpaid balance. 4 III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE (RESPONSIBILITY) Sanitary Sewer Lateral $57,598.32 $28,799.16 $(28,799.16) Water Lateral 15,598.03 (15,598.03) Storm Sewer Lateral 89,614.57 44,807.29 (44,807.28) Street 442,624.73 221,312.36 (221,312.37) Traffic Signal 4,352.33 (4,352.33). Bituminous Island 11,313.48 (11,313.48) TOTAL $621,101.46 $294,918.81 ($326,182.65) The following City Funds will provide funding for the City's responsibility: Fund Amount Sanitary Sewer Trunk 28,799.16 Water Trunk 15,598.03 Storm Sewer Trunk 44,807.28 Major Street Fund 236,978.18 Total $326,182.65 Gerald R. Wobschall Reviewed 4eview lic Works Department Finance epartment 03-o~ C'7-[ Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I 5 M 0 0 N co V CAD O 0 U N 00 CO CCU N N C Ch CC Y ui I-~ N 00 N m ti 1-- I CC ~q Y Ch N (,9 LL r r r 00 c co 'It co co cC C c N CO O L tD t0 a) ti ti N co E E st M f~ M O of m CN O) c o o W M r c 4) T- M Y CD Cn N co CL F- -r-- LO N CO I~ Ul O v~ d O O> <L N N N N 'O 0) C_ - E Nr co CCU co C M CC) cr co U M M Cn CV d I M to ti co r 00 r N r N co ~d CA M 0 C` O N C6 Co N m C) M a) ti ` vi M M co 3 `r a~ M It rn co a N M - co to CO ci M J O CO M ti (n N N N CO N r r FL ch o 0 0 CO O N M 9999 CL CD to LO LO N M M M 0 O Y r Y O ti O O Cl O r r r Y 4) o E w w w to C) 5 o~ CL CL CL CL a Z o 0 0 0 Y Y Y Y oso-2s N ti 070-25 20-323 020-25 030-25 40-25 o o 040-32 ~O ai 41 050-26 030-32 030-26 040-26 020-26 3 050-32 010-26 a Rya ,ae Ge 060-32 B 07032 Grand Oak Two 4 m~ r OF ]10-31 P OHO' Gran aodk T, PT OF 010-31 010-29 ~A 020-29 .L P OF 088-0o e < 881-00 010-51 082-00 Q ASSESSMENT LEGEND (fin Storm Sewer Lateral Improvement - - 28,799.16 w Sanitary Sewer Lateral Improvement $ 44,807.29 O Street - $ 226,969.10 Allocated to Spectrum Business Park C_ Colbert ScottTrail Project 809 Blue Gentian Road Improvement June 13, 03 City of Eagan Assessment Map iF Agenda Information Memo June 17, 2003 Eagan City Council C. VARIANCE - DELORES COOK=DUBRU ACTION TO BE CONSIDERED: To approve a five-foot front yard setback Variance to construct a covered porch on the front of a single-family dwelling at 625 Greenleaf Drive North, legally described as Lot 11, Block 1, South Oaks, located in the SE %4 of Section 25. FACTS: • The applicant would like to construct a six foot by 18 foot (108 square feet) open covered front porch. The proposed porch would replace the existing pergola which extends out from, the front of the house over the front sidewalk. • The lot is on the outside of the curve of Greenleaf Drive North. A single family dwelling with a two-stall detached garage is present on the site. • The Zoning Ordinance requires a 30-foot setback for structures abutting public rights-of-way. • The existing house is set back approximately 31 feet from the front property line. The proposed six-foot porch would be set back 25 feet from the front property line. • The proposed porch addition appears to blend with the style of the home. • Similar Variances have been granted for open front porches elsewhere in the City. • The applicant's estimate of hardship is that the current design allows water from the roof to settle on the sidewalk and form ice so they cannot use the front door in the winter. The covered porch would correct that problem, enabling them to more fully and functionally utilize their home. ISSUES: The condition upon which the Variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. ATTACHMENTS (1): Variance Report, pages through . PLANNING REPORT CITY OF EAGAN REPORT DATE: June 9, 2003 CASE: 25-VA-07-05-03 APPLICANT: Delores Cook-Dubru HEARING DATE: June 17, 2003 PROPERTY OWNER: Delores Cook-Dubru APPLICATION DATE: May 23, 2003 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 625 Greenleaf Drive N. COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REOUEST Delores Cook-Dubru is requesting approval of a five-foot front yard setback variance to construct a covered porch on the front of a single-family dwelling at 625 Greenleaf Drive North in the SE %4 of Section 25. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity,, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. gv Planning Report Delores Cook-Dubru Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.60, Subd. 5, E requires a 30 foot front yard setback on property zoned R-1. City Code Section 11.40, Subd. 4.D.2 states that decks, patios, balconies, stoops, or other similar features (uncovered) that do not extend more than 30 inches above grade may encroach 8 feet into a required front yard setback. BACKGROUNDMISTORY The South Oaks development was platted in 1968 and this home was constructed in 1973. EXISTING CONDITIONS The existing single-family home has an attached two-stall garage. The lot is located on the outside comer of the curve on Greenleaf Drive North. As a result, the west end of the house is set back further from the street than the east end of the house. At its closest point, the house is set back approximately 31 feet from the front property line. The front sidewalk connecting the front door and the driveway is located several feet out from the house, with a landscape bed in between. A pergola extends about 8 feet out from the house to the edge of the sidewalk. EVALUATION OF REQUEST Proposal - The applicant is proposing to remove i u the pergola and existing sidewalk, and construct an open covered porch in this area. The new porch would be installed adjacent to the house with a solid roof structure extending six feet out from the house, for a length of 18 feet from the front door to the driveway. The porch would have a railing across the front, and steps leading down to grade, - level at each end. Planning Report Delores Cook-Dubru Page 3 The porch is proposed to be 6 feet in depth by 18 feet in width (108 square feet). Unlike the existing pergola, the proposed porch addition is subject to the minimum structure setback of 30 feet from the front property line. Since the existing structure setback is approximately 31 feet, the addition of a six-foot covered porch will result in a 25 foot front setback, necessitating the 5- foot Variance request. The proposed porch meets all other required setbacks, according to the site plan. The drawings indicate that the proposed addition will blend with the existing home. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The subject site is approximately 0.80 acres in size, although the rear portion of the lot extends into Hay Lake, reducing the usable area. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with a detached two-stall garage is present on the site. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. A demonstrable hardship is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 108 square foot open porch addition. The property has the same use as surrounding properties and the same opportunity to be used as a single family home with two- stall garage without relief from the Zoning Ordinance. While the existing pergola provides architectural interest, it is not subject to the same setback requirements as the proposed covered porch. The pergola currently extends further into the front yard than the porch is proposed to extend, so the net visual result of the open porch may be that of a lesser encroachment into the required yard. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. These other Variances were for similar amounts and similar construction - reducing the front yard setback by about five feet to accommodate open covered porch additions. Planning Report Delores Cook-Dubru Page 4 APPLICANT'S ESTIMATE OF HARDSHIP While the pergola adds architectural interest and visually extends the roof line, it provides no shelter and protection from the weather for the front sidewalk. In particular, the applicant states that water from the roof now settles on the sidewalk and forms ice so they cannot use the front door in the winter. The covered porch would correct that problem, enabling them to more fully and functionally utilize their home. SUMMARY/CONCLUSION The applicant is requesting a five-foot setback Variance for the construction of a porch addition. A single family dwelling with a two-stall detached garage is present on the site. The condition upon which the variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. However, similar Variances for open porch additions have been approved elsewhere in the City, and the replacement of the existing pergola with the covered porch may have the net visual result of a lesser encroachment into the required yard. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a Variance of five feet to the required 30-foot front yard setback for a covered porch addition at 625 Greenleaf Drive North in the SE '/4 of Section 25. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The open porch shall not be enclosed. 3. The open porch shall be constructed of materials and colors to match the existing home. 4. The open porch shall not exceed 6 feet in depth by 18 feet in width. a Eagan Boundary Location Map ~PalArea 'n° Building Footprint I al ITI t+ f>t o • 9 7 -a t g B tame ~ s ~ ~ y 9 0 o a e ~ q ~ : s8 ~ e 9 9 .0 i! aV 31 a e ® a t ~ ~ ~ o s d ~ y 9 ~ 0 t g ~ z m~fs:® 5 > ffi fs -a ® 2 I C w ® Sub'ect Site : s a a,l~ mP 3 g v ®a~ " . O a df ~~a$f ~ 4 ~ ~ a us as 005 ° aw•un ~a 9 ' or m A 4 t-1-1 ° s~ ~ ~ ffnaddm y 'C~ g w % dyd my aaa$ do dr ® 8~ 9 d "ate ~yJ° ® ti s` % a a 1000 0 1000 2000 Feet Development/Developer. Delores Cook-Dubr Application: Variance Case No.: 25-VA-07-05-03 Map Prepared using ERSI AreView 3.1. Parcel base nap data provided N by Dakota County Office of GIS and is currant as of February 2001. w E CSI: of en an TIf13 MAP IS INTENDED FOR REFERENCE USE ONLY 7r Tho City of Eagan and Dakota County do not guarantoe the accuracy of this information and are S Comrrwrrlty O raloprneM Department not responsible for errors or omissions. i Eagan Boundary Street Centerline Parcel utldiuildi Area ng Footprint Site Plan ~ B aZov•~I 0- M e 0 l'1S, zg' 0 0 C~ ed Ig 5 ~"of }io„ R T) ZI VE Scale is ~c~ative - Development/Developer: Delores Cook-Dubrv Application: Variance Case No.: 25-VA-07-05-03 N Map Prepared using ERSI oArcVlew 3.1. f GIa Parcal bass map data provided by Dakda County OHlee of GIS and d is eurtant as of February 2003. E W THIS MAP IS INTENDED FOR REFERENCE USE ONLY citV of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S CernmurM u-stopaent Depart-at not responsible for errors or omissions. 4. I ~ p Aie- y Iv- w cNo Z• f .fey` ~ +.f-~ ~~'0'>i -:~••,"c r _ j f ~_'i •c~,~ t~ - 1.? ~ f - ~ , • ..v { -i y .214 E t.F. S r - ~ S +L t Y ! is J,+~ .I .:11. t ~ ~f ;J•' r„Ea Z- + R. „F js tKi ~ ~ •j 1" - V-,, .'K { .,+.~t~ ..i 1 `J ;'t'?,5.:~`! + ~ ~ ~ L~ f'r ' - r y, ~7 • t r• s • ! •x a ~ ice- .,y ~ s _c' a r 1 t?'•'% ~ t'~:~ _ _ ra, s. `':~~r r,J ir'~ tFi '.M.: 7 t ,V rte, t t.:ta~,k tJy :•~.~#'~Y .r. , ~ > ~t 4t~~a tZ*{~' y. r• 1} v y. i' - ~ { wl ~ ~ ~ / r' ~s t •-.yt is :r. .a R.' ,.tr - ~H. + f ~ Zj~ ~t.->' y'`( .C .•J% qty ~`kF• y `I t', - t r 2 ~T~ V i~f ::r. at ♦ .°y 1i l~f•` .+ti ~ ~ ~ ' t>~a_ :F - F .r•t. r st ~ ~ y + ~ a.:4 ♦ t'S, -r ~:.r -+y'~ t. tom. J .`f - aL~.-i~ Y~_ t r,t-rt i '.-Y-~ ~'•{v..r _~•{tti' t~i~•.!~•rFl. r. tFf'•w','.rts'~1 :..~l:'.lr ,~`••'_~!'.._L' _ -i4 .>r:•i~' - t...__ "f-_x _ Agenda Information Memo June 17, 2003 Eagan City Council Meeting D. LOT 11, ZEHNDER ACRES EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public easement within Lot 11, Zehnder Acres and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 2, 2003, City staff received a petition from Mr. Robert Landry, 1457 Lone Oak Road, requesting the vacation of a drainage and utility easement within Lot 11, Zehnder Acres Addition, along the private drive Lone Oak Lane, north of Lone Oak Road in northwest Eagan. • The purpose of the request is to allow the private maintenance of a sanitary sewer pipe extension to serve a new house proposed on Lot 11, Zehnder Acres. • The easement was originally obtained and dedicated to the City in error by a previous potential developer of the property, without the City's knowledge of the dedication. The developer had originally planned to construct a public sanitary sewer extension within this easement. • Mr. Landry, the property owner and builder of the new house, now wishes to construct a sewer service We in this public easement area to be privately constructed and maintained. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page • Legal Description Graphic, paged MENDOTA HEIGHTS INTERSTATE- //49944~ F\n LJ JO' ]PROPOSED VACATION Q 0 o z Q w LONE OAK ROAD ° 3 w ( CO. RD. 26 ) O O Z Y F- 0 O it -i NORTHWOOD U `r Q ~ Y Z w ANKEE DOODLE ROAD ° 0 6:NaeaftMAZMER LOT 11 i Proposed Easement Vacation Location Map 5/05/03 City of Eagan n W 0 1) D, 100-00 z 101 110-00 20.0'-- EASEMENT v 0016) DOC# 1900046 TO BE VACATED105-00 V~ QG 10 -00 (002 Lot 103 00 ~O Lot 12 112-00 11 Lot 025 10 1° -00 (026) EASEMENT DOC# 1900046 Z 107-00 9 TO BE VACATED O (0027) J 104-()0 (0028) E~l LONE OAK ROAD G Exhibits mist STAFFORD PARKING 050603 Proposed Easement Vacation Lot 11, ZENDER ACRES May 6; 2003 City of Eagan Agenda Information Memo June 17, 2003 Eagan City Council Meeting OLD BUSINESS A. STAFFORD PLACE - PERMIT PARKING ACTION TO BE CONSIDERED: To receive a petition regarding the Permit Parking within Stafford Place and: 1. Reconsider the motion of May 20, 2003 approving the expansion of the Permit Parking within Stafford Place and provide direction for consideration of an alternate as requested in the petition; OR, 2. Deny the requested petition as presented. FACTS: • On June 6, staff received a petition from S residents representing 5 properties located along Ventnor Ave. requesting the Council to rescind their May 20, 2003 action of expanding the parking by permit only on their (mailbox) side of Ventnor Ave. ATTACHMENTS: • Petition with location map. 9~ 9 ) 9~ June 1, 2003 TO: Tom Colbert, Director of Public Works Mayor Pat Geagan Council Member Peggy Carlson IRSGEI-4ED Council Member Cyndee Fields Council Member Mike Maquire JUN 0 6 2003 Council Member Meg Tilley EAGAN JEERING GEpAR1ME141 FROM: Kathryn & Dennis Sabel . ENG1 so 846 Ventnor Avenue Eagan, MN 55123 Phone: 651-686-0282 RE: PARKING RESTRICTIONS FOR VENTNOR AVENUE We as neighbors OPPOSE the additional parking restrictions in front of our homes as approved by the council on May 20, 2003. We recommend that NO changes.be made to the signs in front of our homes. All of these residents are on the mailbox side of the street on Ventnor Ave. Name Address Signature Jon & Lisa Slater 842 Ventnor Avenue Dennis & Kathryn Sabel 846 Ventnor Avenue Gerald Whalen 850 Ventnor Avenue a xd 054 Ventnor Ave. • f r! s l 858 Ventnor Ave. / 3992 3996 4000 4004 836 R~ 4008 832 q0 Q 828 4012 817 3M 4003 4007 4016 825 821 L _V 4013 8 4020 1 300' 4019 ti2N~ e _ JN 82( 4110 4023 - 824 4028 4114 4032 4120 4027 4036 4118 q 4040 404 4124 4031 4122 4125 4037 4041 4045 404E 4126 4129 ~j 4128 4087 4049 4130 4132 4085 4C 4133 4053 . 4134 4089 4137 ~ 4136 I 4059 40 413 4083 4079 _ 4141 4140 8 4063 4091 4142 4093 40 ~ 4145 4144 4146 4099 4088 4080 4148 4076 4C Q VENTNOR 4103 4096 ~ 859 4072 4100 4077 870 866 9L 9 862 m $55 4107 407( co 4111 4104 4087 858 851 40E? EAGAN 4158 4C85 &54 847 4106 408 HIGH 855 4162 839 X183 SCHOOL 4185 4166 850 5 837 Q 4112 4089 Q aof 846 0) 4116 4093 Z 401 4183 4123 Q > 4179 842 4120 4097 } 405 417 4127 z pF 4171 4124 4101 z 411 HryS~ V 4167 4131 d 4163 4105 4178 4174 4159 4128 411 4109 4182 4173 4172 -1 ~ 4155 4132 41 4162 4113 4186 4183 4180 4158 4147 4117 41 4143 41 4139 4190 4187 9O~ 4188 4125 4 4150 4194 4146 4196 4191 4142 41 4195 861 41 4134 4130 4126 DIFFLEY . ROAD G Exhibit= mist VENTNOR PETITION 060103 Petition: Braddock Trail Parking Changes June 6, 03 Ventnor Avenue City of Eagan 902 Agenda Information Memo June 17, 2003 NEW BUSINESS B. ORDINANCE AMENDMENT. Ordinance Amendment to Chapter 5, Sections 5.32 and 5.57 of the Eagan City Code regarding Temporary On-sale Liquor Licenses ACTION TO BE CONSIDERED: To approve an ordinance amendment to City Code Chapter Five by amending Sections 5.32 and 5.57, and add section 5.60 regarding temporary beer and liquor license regulations. OR To deny an ordinance amendment to City Code Chapter Five. FACTS: • At the May 13 and June 10 City Council workshops, members of the group CAPE (Changing Alcohol Policies at Events) requested that the City Council review and prepare a list of procedures for those seeking temporary malt liquor licenses. • The City of Eagan was one of several local government entities that were randomly selected by the Alcohol Risk Management Program, through the University of Minnesota, to review procedures for the issuance of temporary liquor licenses. • Sherry Timmermann, CAPE organizer, has worked with community leaders in Eagan over the past few months to formulate procedures for those seeking temporary liquor licenses. • In listening to the recommendation of CAPE, as well as the City's Police Chief and City Attorney, the City Council directed an ordinance amendment be prepared to City Code Chapter 5, Sections 5.32 and 5.57. • Additionally, the City Council directed that the resource packet provided by CAPE be distributed to those that receive a temporary liquor license. ISSUES: • It should be noted that the amended ordinance being proposed includes a provision that the license application and fee must be received at least 30 days prior to the first date for which the license is being sought. In past practice, some organizations have given the City very short notice when requesting a temporary liquor license, and therefore are not accustomed to the 30-day advance application requirement being proposed in the amended ordinance. • The amended ordinance as presented designates the hours in which alcoholic beverages are to be permitted to be sold and consumed, which are consistent with the City's current hours of permitted sale and consumption, and consistent with State Statute 340A.504. Member of CAPE may desire that these hours be modified. ATTACHMENTS: • Enclosed on page9(fthrough 97 is the ordinance amendment to Chapter 5, Sections 5.32 and 5.57, prepared by the City Attorney. 9.3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED 'BEER, WINE AND LIQUOR LICENSING AND REGULATION' BY AMENDING SECTIONS 5.32 AND 5.57 AND BY ADDING SECTION 5.60 REGARDING TEMPORARY BEER AND LIQUOR LICENSE REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing Section 5.32, subd. 2, to read as follows: Subd.2. Conditions. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale. B. No applicant shall qualify for a temporary license for more than a total of four days in any calendar year. C. The application for and issuance of a temporary on-sale beer license shall be subject to the regulations for temporary on-sale beer and liquor licenses as set forth elsewhere in this Chapter. Section 2. Eagan City Code Chapter 5 is hereby amended by changing Section 5.57, subd. 3, to read as follows: Subd. 3. Terms and conditions of license. A. No license is valid until approved by the commissioner. B. No license shall be issued for more than three consecutive days. C. All licenses and licensees are subject to all provisions of statutes and the City Code relating to liquor sale and licensing. The licensee shall provide proof of financial responsibility coverage and, in the case of catering by a full-year on-sale licensee, such caterer shall provide proof of the extension of such coverage to the licensed premises. D. Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee. E. The application for and issuance of a temporary on-sale liquor license shall be subject to the regulations for temporary on-sale beer and liquor licenses as set forth elsewhere in this Chapter 9y Section 3. Eagan City Code Chapter 5 is hereby amended by adding Section 5.60 to read as follows: Sec. 5.60. Temporary on-sale beer and liquor license regulations. Subd. 1. Application and Scope. This Section shall apply to any event for which a temporary on-sale beer license or temporary on-sale liquor license has been sought and issued in accordance with this Chapter. Any applicant for or licensee of a temporary on-sale beer or liquor license shall be subject to the provisions of this Section. Subd. 2. Regulations. Any tgmpoM on-sale beer and liquor license applied for and issued under this .Chapter shall be subject to the following restrictions and requirements: 1. The application for a temporary license issued under this Chapter shall contain complete information as required on form prescribed by the City Clerk and shall be filed, along with the license fee, with the City Clerk at least 30 days prior to the first date for which the license is sought. 2. The application shall include the street address of the property on which the licensed activity shall occur. 3. The application shall include a detailed site plan (a) delineating the property or area of the property on which the licensee's event is to be located; and (b) delineating the location of the area in which the licensed alcoholic beverages are to be sold and consumed, if such area is intended to be within only a portion of the entire event area. 4. The application shall identify all measures and methods to be utilized to partition any area within the entire event area for sale and consumption of the licensed alcoholic beverages, and shall state in detail its security plan setting forth the licensee's plan to enforce alcohol beverage sale and consumption laws, crowd control and public safety and how the licensee will check the ages and identification of attendees. The applicant's security plan shall be subject to the review, revision and approval of the Chief of Police or his/her designee. 5. The licensee shall comply with and implement all security personnel, measures and methods as ordered by the Chief of Police. 6. No alcohol shall be sold, served, and consumed outside the licensed area, which is the area specifically delineated by the licensee on the site plan filed with the application for license. 7. No person under the age of 21 shall be sold or served or otherwise permitted to consume alcoholic beverages of the licensee on the licensed event premises. If the licensee has a designated licensed area, representing a portion of the entire event area, no person under 21 years of age, unless with a parent or legal guardian, shall be permitted within the licensed area, except persons ages 18, 19 or 20 may be within the designated area, provided they are performing work, including servin alcoholic beverages, for the licensee. 8. All persons who consume, purchase or posses an alcoholic beverage in the licensed area shall be issued and required to wear a wristband approved by the Police Chief and no alcoholic beverage shall be sold or otherwise provided to a person who does not have a wristband as required by this Subdivision. 9. All persons who are issued a wristband in accordance with these requirements shall be identified with a valid photograph identification as otherwise required under this ChMter. 10. No person working within the licensed area shall consume alcoholic beverages 12 hours before and during their work shift. 11. The licensee shall post signs at all entrances to the licensed area notifying the public that sales to and consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 12. The licensee shall provide paid or volunteer private security to monitor the licensed area and the licensee shall be subject to any order by the Eagan Police Chief as to required security measures and personnel, including the required security personnel numbers, permitted or required entrances and exits from the designated area, as a condition of the license. 13. The licensee shall pay to the City all fees incurred by the Ci for any on-duty Eagan police officer assigned to patrol the licensed area as ordered by the Eagan Police Chief for necessary security and public safety and the fee for each officer shall be as set forth in the City's duly adopted fee schedule. 14. No alcoholic beverages shall be sold or consumed except during the following hours: ■ Monday through Saturday 8 a.m. to 1:00 a.m.; and ■ Sunday from 12:00 p.m. to 1:00 a.m. 15. No persons shall be within the licensed area, if such area is a designated partitioned area from the entire event area, more than 30 minutes after the time when a sale is permitted. 16. The licensee shall desi.gnate_ an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager shall complete training in alcohol beverage service and shall train anv server and security personnel of the same. It is unlawful for the licensee, any paid employee of or volunteer for the licensee or anv attendee of the licensee's event to violate any of the foregoing restrictions and regulations. Upon a violation of any of the foregoing restrictions and regulations which may result in eminent danger to public safety, the licensee's temporary license may be immediately revoked and upon order of a police officer, the licensee shall immediately cease from selling or serving any alcoholic beverages. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 9~ Agenda Information Memo June 17, 2003, Eagan City Council Meeting VII. NEW BUSINESS A. A COMPREHENSIVE LAND USE AMENDMENT, REZONING AND A PRELIMINARY SUBDVISION (MARCELLA WOODS) - BRIAN OLSON ACTIONS TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to establish'a.n LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW '/4 of Section 34, be submitted to the Metropolitan Council for review and approval. To recommend approval of a Rezoning from A, Agriculture to R-1, Residential Single district for 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW %4 of Section 34. To recommend approval of a Preliminary Subdivision to create 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW 1/4 of Section 34; subject to the conditions listed in the May 25, 2003 Advisory Planning Commission minutes. FACTS: • There is an existing single family home located on the subject parcel with various outbuildings; the existing structures will be removed upon development. • The proposed subdivision will have access via Grace Drive. The applicant proposes to extend Grace Drive with this development, a 600 foot variance is necessary for the length of the proposed cul-de-sac. • The lots range in size from 12,059 square feet to 22,257 square feet. • Outlot A is dedicated for a trail connection. Outlot A should be reconfigured into Lot 9 and have an easement established for the trail connection in a form acceptable to the City Attorney. • The Advisory Parks and Recreation Commission are requesting a trail connection between lots 7 and 8 over the drainage and utility easement. • The storm water runoff from a majority of the development is proposed to drain via public storm sewer to a new water quality and rate control pond on Lots 10 and 11 before discharging to existing storm sewer within Ohmann Park. • The Advisory Planning Commission held a public hearing on May 27, 2003, and are recommending approval; subject to the conditions in the APC minutes. ATTACHMENTS (2): Advisory Planning Commission Minutes a e(s)U Planning Staff Report page1throu9, City of Eagan Advisory Planning Commission Meeting Minutes ""'RAFT May 27, 2003 Page 12 H. COMP. GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION - MARCELLA WOODS PARTNERSHIP A Comprehensive Guide Plan Amendment to amend the use of approximately 6.5 acres from P-Park to LD-Low Density, a Rezoning from Agriculture to R-1 (Single Family Residential) and a Preliminary Subdivision (Marcella Woods) to create 15 lots, located on the east side of Pilot Knob Road just north of Chapel.Hill Church in the SW '/4 of Section 34. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated May 15, 2003. She noted the background and history. Applicant Brian Olson stated the Staff report is acceptable. He asked about condition number three, in regard to Outlot A. He wanted to know why the Outlot should become part of Lot 9 and an easement rather than Outlot A for trail dedication. He also asked if the trail easement in between Lots 7 and 8 could be eliminated. Chair Huusko opened the public hearing. Neighboring property owner, Tom Getsey stated he was told by the original developer that the property would not be developed. He asked that the Advisory Planning Commission be aware of all impacts of the subdivision. He stated concern regarding traffic related to the soccer fields. He asked that the City provide more information to the neighboring residents. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Heyl recommended that condition number 12 state "unapproved and unmarked trail." Member Gladhill stated his support for the Comprehensive Guide Plan Amendment and Rezoning. He stated concern with changing from parkland to residential and stated preference to low density residential zoning. Member Bendt stated concerns with the difficulty of changing land use designations from Park to residential. Planner Ridley stated that the Land Use Designation of Park was a mistake by the City when they printed the maps. That neither the City nor County Park Departments had interest in the site for park purposes and that there is no record of an official Land Use Designation change to Park, except by a mapping change. Member Hey[ moved, Member Bendt seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to amend the use of approximately 6.5 acres from P-Park to LD-Low Density located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW '/4 of Section 34. Motion carried 7-0. Member Heyl moved, Member Miller seconded a motion to recommend approval of a Rezoning from Agriculture to R-1 (Single Family Residential) located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW '/4 of Section 34. i City of Eagan Advisory Planning Commission Meeting Minutes May 27, 2003 OD"RAFT Page 13 Motion carried 7-0. Member Heyl moved, Member Miller seconded a motion to recommend approval of a Preliminary Subdivision (Marcella Woods) to create 15 lots, located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW of Section 34 subject to the following conditions as amended: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: 1. Al B1, 2, 3, 4, C1, 2, 3, D1, and E1. 2. The property shall be platted. 3. Outlot A should be reconfigured into Lot 9 and have an easement established for the trail connection in a form acceptable to the City Attorney. 4. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 5. Upon Final Subdivision a revised Tree Mitigation Plan that reflects that mitigation trees are not placed within Outlet the trail easement, or within 15 feet of utility easement areas. 6. 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. 7. 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. 8. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 9. The developer shall be responsible for obtaining the necessary public easements to allow for construction and future maintenance of the storm water pond on Lot 1, Block 1, Chapel Hill Baptist Church Addition subject to City Attorney review. 10. The development shall be responsible for a cash trails dedication. 11. The development shall be responsible for a cash parks dedication, minus credit given for the dedisatien grant of "outlet A" trail easement. /v v City of Eagan Advisory Planning Commission Meeting Minutes May 27, 2003 DKAf-1 Page 14 12. An unapproved and unmarked trail connection between Lots 7 and 8 where the proposed drainage and utility easement is located shall be provided. The dedication will be in the form of easement established for the trail connection in a form acceptable to the City Attorney. 13. This development should meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 14. The storm water pond should be constructed to treat 2.7 acres of the site area. It should have a minimum wet-pond volume of 0.25 acre-feet and should have a minimum area of 0.16 acres. The storm water treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench. 15. In lieu of ponding to treat storm water from 3.8 acres of the site, a cash dedication should be required. 16. All existing structures shall be removed upon development. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 15, 2003 CASE: 34-CG-05-04-03 34-PS-07-04-03 34-RZ-05-04-03 APPLICANT: Brian Olson HEARING DATE: May 27, 2003 PROPERTY OWNER: Marcella Schindeldecker APPLICATION DATE: April 17, 2003 REQUEST: Comprehensive Guide Plan Amend. Rezoning, Preliminary Subdivision PREPARED BY: Sheila O'Bryan LOCATION: 4880 Pilot Knob Road COMPREHENSIVE PLAN: P, Park ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting a Comprehensive Guide Plan Amendment from P, Park to LD, Low Density, a Rezoning from A, Agriculture to R-1 Residential Single District, and a Preliminary Subdivision (Marcella Woods) to create 15 single family lots and one outlot on approximately 6.4 acres located at 4880 Pilot Knob Road in the SW '/a of Section 34. AUTHORITY FOR REVIEW Comprehensive Land Use Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive. Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report - Marcella Woods May 27, 2003 Page 2 Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. 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. /0.3 Planning Report - Marcella Woods May 27, 2003 Page 3 I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Variance: City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will.not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. Planning Report - Marcella Woods May 27, 2003 Page 4 BACKGROUND/HISTORY Based on historic zoning maps dating back to 1964 the property has sustained an Agriculture zoning designation throughout the years, however, the Comprehensive Land Use Designation has changed. According to old Comprehensive Land Use maps the subject property has gone from R-III, Mixed Residential (6-12 units/acre) in 1974, to R-II, Mixed Residential (3-6 units/acre) in 1980, finally to P, Park, in 1993 which is the current designation today. At one time there was a possibility to combine the subject property with either Ohmann Park or Lebanon Hills Regional Park; this combination is no longer being considered by the City of Dakota County, although a trail connection with this development is requested. EXISTING CONDITIONS The existing lot is about 6.4 acres in size with an existing single family home located in the southwestern half of the lot. There are numerous accessory buildings, 2 building pads and a silo also located on the southwestern half of the lot. Access to the existing house is from Pilot Knob Road via a shared driveway with the property to the west. The eastern portion of the lot is rather flat with limited vegetation. The western half of the lot is heavily wooded. There is a cellular antenna tower located on the church parcel to the south that is about 164 feet from the subject property. The City Code requires towers maintain a 300 foot setback from residential lots. However when the tower was installed a variance was issued for a 164 foot setback from the subject property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Ohmann Park P, Park P, Park South Chapel Hill Baptist PF, Public Facility QP, Quasi- Church Public/institutional East Lebanon Hills Park P, Park P, Park West Single family A, Agriculture P, Park dwelling i Planning Report - Marcella Woods May 27, 2003 Page 5 EVALUATION OF REQUEST Comprehensive Land Use Plan and Rezoning: Comprehensive Land Use Plan - The Comprehensive Land Use Plan indicates the subject property is designated P, Park. The applicant requests to rezone the property from Agriculture to R-1, Residential Single District and a Comprehensive Land Use Plan Amendment to LD, Low Density Residential to create 15 single family lots and develop them accordingly. The requested LD Guide Plan designation is consistent with surrounding areas. The proposed R-1 zoning will also be consistent with surrounding areas. Compatibility with Surrounding Area - The proposed subdivision creates 15 single family lots in a rather underdeveloped area of the City. The property to the south is church property, directly to the north is park, directly to the east is park and directly to the west is a single family home. Diamond T Ranch is across Pilot Knob from this proposed development. Property to the northwest of the proposal are single family lots, north of Diamond T Ranch are single family residential lots. The Diamond T Ranch has a Comprehensive Land Use Designation of LD, Low Density with possible residential development of 0-4 units an acre. Overall this proposal appears compatible with the surrounding area. Airport Noise Considerations - The proposal does not fall within the airport noise contours and should have minimal impact from the airport. Densit - Low Density Residential allows 0-4 units an acre. The proposed gross density for this development is 2.3 lots an acre. Lots - The lots range in size from12,059 square feet to 22,257 square feet. The minimum lot size requirement in an R-1 district is 12,000 square feet. The proposed 15 lots conform to this standard. Outlot A is dedicated for a trail connection. Outlot A should be reconfigured into Lot 9 and have an easement established for the trail connection in a form acceptable to the City Attorney. Setbacks - The following minimum setbacks are required for all buildings in the proposed development: Fronfyard (Grace Drive) 30 feet Side yard Dwelling 10 feet Garage 5 feet Rear yard Dwelling 15 feet Garage 5 feet Landscaping - A landscape plan is not required for single family development. /O~ Planning Report - Marcella Woods May 27, 2003 Page 6 Gradin - The preliminary grading plan is acceptable with modifications. The site generally slopes both east and west with elevations ranging from 940 to 907. Lots 3 - 15 are proposed to be graded at time of final subdivision while Lots 1 and 2 are proposed to be custom-graded at time of building permit for each lot. 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 - The preliminary storm drainage plan is acceptable. The storm water runoff from a majority of the development is proposed to drain via public storm sewer to a new water quality and rate control pond on Lots 10 and 11 before discharging to existing storm sewer within Ohmann Park. A portion of the proposed pond lies within Chapel Hill Baptist Church property to the south. The developer should be responsible for obtaining the necessary public easements to allow for its construction and fixture maintenance. The remainder of the storm water runoff from the development will drain west to an existing storm sewer system within Grace Drive and Pilot Knob Road. This portion of the proposed development is located in the area that drains to Lebanon Hills Regional Park. The Park has experienced several significant flooding events in recent years. Due to this flooding, the Dakota County Parks Department has encouraged the City Council (August 13, 2002 Special Council meeting) and staff to consider the application of "Low Impact Development" standards on all new developments within the Park watershed, to help reduce the volume of storm water runoff entering the Park. Low impact development options exist to reduce storm water runoff from a development area, including rain gardens, infiltration basins, and grassy swales. City codes or policies currently do not exist regarding low impact development standards. City staff requests discussion and direction from City officials regarding this issue. Wetlands/Water Quality - This 6.5-acre development is proposed along a drainage district divided between the City's B- and LP1-watersheds. Storm water runoff to the north eventually will reach Thomas Lake, a Class I (Direct Contact) water body in the south central portion of Eagan. Runoff to the south eventually will reach Jensen Lake, a Class H (Indirect Contact) water body in Lebanon Hills Regional Park along the southern edge of the City. To meet water quality requirements, the developer proposes to direct runoff from 42 percent of the site (2.7 acres) to a treatment pond (to be constructed as part of the development) that will drain to the southeast. Untreated storm water from 58 percent of the site (3.8 acres) is proposed to drain off-site. This proposal appears reasonable given the topography of the site. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments. With an impervious proportion of 38.4 percent, a minimum wet-pond volume of 0.25 acre-feet covering an area of 0.16 acres would be needed to treat the storm water generated by 2.7 acres of the development. The pond would have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. A cash dedication in lieu of ponding would be required for untreated storm water runoff from 3.8 acres of the development. Planning Report - Marcella Woods May 27, 2003 Page 7 There are no wetlands associated with. this parcel. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main are available for connection along the west edge of the site. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Street/Access/Circulation - Public street access for the development will be from an extension of Grace Drive. The proposed cul-de-sac length is approximately 1,100 feet, 600 feet in excess of the 500-foot maximum length allowed by City code. A variance would be required to allow a cul-de-sac of this length. Easements/Rights of Way/ Permits - The developer should be responsible for obtaining the necessary public easements to allow for the construction and future maintenance of the storm water pond on Lot 1, Block 1, Chapel Hill Baptist Church Addition. Tree Preservation - A tree inventory submitted with this application indicates that there are one hundred and six (106) significant trees in the inventory. The inventory includes Elms, Box Elders, Oaks, cottonwoods, Ash trees, Spruce and Pine trees. The development as proposed will result in the removal of sixty (60) significant trees (56.6 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, residential) is set at 34.7% of the total significant trees (two of the 15 lots will be custom graded with tree removal occurring at the time of building permit approval, therefore the allowable removal has been calculated to this adjusted amount). With a proposed removal of more than the allowable amount, there will be required tree mitigation for this proposal. This required tree mitigation calculates twenty-nine (29) Category A trees, or fifty-eight (58) Category B trees, or one hundred sixteen (116) Category C trees, or an equivalent combination of any Category. The applicant has submitted a Tree Mitigation Plan that shows fulfillment of Tree Preservation requirements through the installation of fifty-eight (S8) Category B trees. A mitigation tree has been placed inside Outlot A. To allow for construction of a future trail, no trees should be planted within Outlot A. Furthermore, mitigation trees have been placed near utility easement areas. To allow for construction and maintenance of utility easements, no trees should be placed within 15 feet of easements. Parks and Trails - At the request of staff, the Developer is proposing to create, and dedicate, "Outlot A" to the City for the purpose of installing a connector trail from Ohmann Park to Lebanon Hills County Park. The outlot is 397 square feet (.009 acres) in size and is located in the northeast corner of the development at the terminus point of Lebanon Hills, Parkview Golf Course and Ohmann Park. A::P~ Planning Report - Marcella Woods May 27, 2003 Page 8 The development of a trail connection into Lebanon Hills at this location is identified in the Park System Plan and was considered a priority in two recent acquisition studies conducted by sub- committees created by the Advisory Parks and Recreation Commission (APrC). The trail would allow for non-vehicular access to the County trail system from several neighborhoods surrounding Ohmann Park. The County has indicated a willingness to accommodate the connection as part of ongoing trail improvements resulting from the implementation of the new master plan for Lebanon Hills. City staff will construct a soft surface trail through outlot A and install the appropriate signage. Existing vegetation will be retained to the extent possible to provide screening from the residences. Because the dedication is land, and thus considered a park dedication, the development will be responsible for a cash trails dedication. At the Advisory Park and Recreation Commission meeting on May 19, 2003, it was suggested to have an additional trail connection between Lots 7 and 8 where the proposed drainage and utility easement is located. The dedication will be in the form of easement established for the trail connection in a form acceptable to the City Attorney. SUMMARY/CONCLUSION The applicant is proposing to subdivide the subject property into 15 single family lots and one outlot. In order to accomplish this proposal the applicant is required to change the Comprehensive Land Use Plan by an amendment from P, Park to LD, Low Density, then rezone the property from Agriculture to R-1 Residential Single district. The outlot will be utilized as part of a trail connection to Ohmann Park, Parkview Golf Course and Lebanon Hills Regional Park. The existing lot is about 6.4 acres in size with an existing single family home located in the southwestern half of the lot. The proposed Guide Plan Amendment, rezoning, and subdivision appear consistent and compatible with the existing uses in this area. ACTION TO BE CONSIDERED To direct that a Comprehensive Guide Plan Amendment to establish an LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW '/4 of Section 34, be submitted to the Metropolitan Council for review and approval. To recommend approval of a Rezoning from A, Agriculture to R-1, Residential Single district for 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW I/4 of Section 34. /0 9 Planning Report - Marcella Woods May 27, 2003 Page 9 To recommend approval of a Preliminary Subdivision to create 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW %4 of Section 34. If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: 1. A1B1,2,3,4,C1,2,3,D1,andEl. 2. The property shall be platted. 3. Outlot A should be reconfigured into Lot 9 and have an easement established for the trail connection in a form acceptable to the City Attorney. 4. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 5. Upon Final Subdivision a revised Tree Mitigation Plan that reflects that mitigation trees are not placed within Outlot A, or within 15 feet of utility easement areas. 6. 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. 7. 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. 8. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 9. The developer shall be responsible for obtaining the necessary public easements to allow for construction and future maintenance of the storm water pond on Lot 1, Block 1, Chapel Hill Baptist Church Addition subject to City Attorney review. 10. The development shall be responsible for a cash trails dedication. 11. The development shall be responsible for a cash parks dedication, minus credit given for the dedication of "outlot A". D Planning Report - Marcella Woods May 27, 2003 Page 10 12. A trail connection between Lots 7 and 8 where the proposed drainage and utility easement is located shall be provided. The dedication will be in the form of easement established for the trail connection in a form acceptable to the City Attorney. 13. This development should meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 14. The stone water pond should be constructed to treat 2.7 acres of the site area. It should have a minimum wet-pond volume of 0.25 acre-feet and should have a minimum area of 0.16 acres. The storm water treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench. 15. In lieu of ponding to treat storm water from 3.8 acres of the site, a cash dedication should be required. 16. All existing structures shall be removed upon development. 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-Wav 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. AII,_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. 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 STANDARD.CON FINANCIAL OBLIGATION-Marcella Woods Preliminary Subdivision There are pay-off balances of special assessments totaling $-0-on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for subdivision. 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. $975/Lot 15 Lots $14,625 Water Trunk S.F. 1,015/Lot 15 Lots 15,225 Storm Sewer Trunk S.F. .0925/Sq. Ft. 232,241 Sq. Ft. 21,500 Total $51,350 Eagan Boundary Location Map streetAre.rlin' Parcel Area t Building Footprint 9 g j .sue,✓"~ "3 r~ 9 9a G> 3 `c b 1 I b I F % A c..rw ~ pl ~ 9 ! Us i Q* a ca 93 { as R P ~ ~ 'a g t Sub'ect Site ° yp ~ .9 r = ~ ~ r 8 9 a A > a ar ~ ° ~ ~V r! ~ a C~D 1000 0 1000 2000 Feet Development/Developer: Marcella Woods Application: Comp Plan Amendment, Rezoning, Preliminary Subd. Case No.: 34-CG-05-04-03, 34-RZ-05-0403, 34-PS-05-04-03 Map Prepared using ERSI ArcVlew 3.1. Parcel bass map data provided 1 / ` N by Oakata County Office of GIS and is current as of February 2003. / J / W E Clt of en nrt I THIS MAP IS INTENDED FOR REFERENCE USE ONL V Th. City of Eagan and Dakota County do not guarantee the accuracy of this ation and are 5 Community Development Department not responsible for errors or omissions. Marcella Woods Current Zoning and Comprehensive Guide Plan Case No. 34-CG-05-04-03 Land Use Map 34-RZ-05-04-03 P Zoning Map a Current Zoning: R-1 rpocation A Agriculture P A PF an I I P 000 0 000 1200 r..t Comprehensive Guide Plan Land Use Map L P Location LD P Current Land Use Designation: LD P P QP Park P A P 000 O 000 1200 F«t 0000000, by Dakota County Land0-ay D-partm-t Sept.mb-r 2002. N Parc.i bas- map inform. .d 2oninS inf0rmatbn OWMabwd by City St/. City of Eagan W E Community Development Department L L THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guaranies the accuracy of this information. S Apr 16 03 10:05a Brian W. Olson 952-854-5161 p.2 M"CULA WOODS Development summary 4-16-43 I-Souested Development Approoab Marcella Woods Partnership is requesting approval of the following items from the City of Eagan: • Comprehensive Guide Plan Amendment from Parks (P) to Single Family Residential (D-1).`-~ • Rezoning from Agriculture (A) to Residential Single Family (R-1). • Preliminary Plat consisting of 15 single family lots, two oudots (park trail and storm water pond) and street right-of-way (Grace Drive). Developer/Apolicamt Iaformati04 The Developer of this project is Marcella Woods Partnership. This partnership is a joint venture between Wright Homes, Inc. and Terrain Corporation. Brian W. Olson, President of Terrain Corporation,-will act as the applicant on behalf of the partnership. Ezistisg Laud Use The existing use of the property is a vacant single family residence with a number of related out buildings. Marcella Shindeldecker, the present land owner, has recently moved to Farmington. ,Surroundiim Land Use The existing land uses around the property is as follows: • West - Single family residence and Grace Drive (project access). • Northwest - Fairway Hills 4i° Addition single family residential development • North - Ohmarm City Park • Northeast - Parkview Golf Course. • East - Lebanon Hills Regional Park. • South - Chapel Hill Church. Pre iminarv Plat Data The existing land uses around the property is as follows: • Total area = 6.4991 ac • Total ROW area = 1.0131 ac • Total lot area = 53268 ac • Total area of outlots = 0.1592 ac • Number of outlots = 2 • Number of lots = 15 • Largest lot = 22,257 sq. R. • Smallest lot = 12,059 sq. & • Average lot size = 15,470 sq. R • Gross density (excludes outlots) = 2A lots per ac. • Net density (excludes outlots & ROW) = 2.8 lots per ac. Park Trail Connection Oudot A is planned to be dedicated to the City of Eagan for the purposes of providing area for a trail connection between Ohmann City Park and Lebanon Hills Regional Park. Storm Water Pond Outlot B is planned to be dedicated to the City of Eagan for the purposes of providing area for a storm water pond. Additional area needed to for the ponding area will be provided to the City of Eagan, au time of final plat approval, by means of a drainage easement from Chapel Hill! Church. The developer will be purchasing such easement from Chapel Hill Church. Development Access Grace Drive, along the west property line, provides the only access to the property. Grace Drive is therefore planned to be extended into the property and end within the property, by means of a cul-de- sac, because all of the surrounding land has been developed. . 2-re3 J C \ i I Y i e J a / / sr / ~ ~ \ 1I a \ i•il ~ a l \ ~ s / ~ ~ L LI) a L~ I a s u1 J g~~a ~~g l t All 11 I if W I J111 _ Z _ 5.1 L1I III / / /f s~•'% ~j ]!=!+',ti++ , gi 1. ]a c j ~ ~ •~1~ I ~ 5 I _ ; ~ ~~glEi~~y~]}ij;f, F}1~~'i~lt,' } ++~I_1 ~t 1 +{31']~ l I? i ~I -_a I AM 1 rill 1 `1 olil,1 X11 1 1M ■ - - - I r-; L! I I,^-v f0 ^A1.ZI `al I ll ~•I J•` -nAI '~~'V' jj Y ° +{3 k 5 rFl ~1it- ~Y gt a s unhi. > D37 °g~~ag~ $~a 4siiAag. E~i~~E G,3 ]a . 3 ~1~.~$~ $ ~'~5~ •?`9ys~ Y~L ree@@x@~@9@k~~2~@k~~@~9uukuky°° s` ~ i ~ $ 2 ~ 3 _~E aa~aaa3~aax~sass~i~ ~ ~ a i k l N_ M-1113 all :j# ~ t~Jac ~r 9 ya r'9 y_ ,I ;E i t i i a~ 1 •II ~ m.9sa° j ~it' i iB SAO; 7 it' j 1111Oz)W.r.},®~ IIIIIII 4sa}.r I S!.,' EE i i i i Q' TTT =I l 1 ~ I : t fi _ S°n I I I ~ 7~•'• fG:7 if rir SOOOM V1130HVN k ~ a Z0 > F i C ~ a Q C Z a -Now CL (L V) Li CA Of NZC,fa • F pQFtWJ a ~ ~ yr 0: 0: Ir zDC aaaQ f (/r Y Q(9Z2Zo w JK I a~Z~~~F 3~ =<a JFJJJ~ w~ I 4+1W D)w Liuj Yv rr MX0: Of D_' M acJaan- < 1 n mw cV r7 4 N rd i _ y 41 ' o r f F! o 0 m \ i F I 3 3 ~ r W z n V) Q ~ f ~ < J O Q : Q O Z Z s s }j Q LL! h Z Q a" z _1 ' f t LLJ LLI ! f O s o ~z Q Q Q LLI F n t c tI t r/ i!j ! I r ' r I I + itI I r ! i ~ ~ tI i 1 ~ I-z I ~ [It g I i~r t + t s ! I < j 2c: ~!t ,1 AEI too ~ ~ ~ ! ' I . ~ lit ~ ~ ` 1 r [t ~d I r ~ i (OV 80NN lOlid) IC 'ON t ~~t [ Ct~ • 1 y[[ EE tt Jti:lit jlF e2tt j J ' n ,s YY YY Y * C C CCCCCC }g a+s as }3~ g Ej ~ CC ~ ~ ~ ~ Q a ~ 4 ~ ~(gg 6 G6 ` G aia . . N tl f m J ~ C tl 3 w tl tl tl tl~@ tl tltl tl tl tltl @ @* tl C C ti F: Qg QEti 5 ' C>i C Q f tt > C ! e;E91l9l6ea~ a~~Sa 9 4~~~l4~g9~Sb ~ a ~tt~3~9 ! 89l~! 9 3 ! ~i~B9~ 39 ~~9 sill BQ 3111113 !~QJJQ3~g~Q~Q~5Q5II~@QQQ9@45QQ~QQQQ@QQ 2QBQIIQJQ9Q9~gQQ9QQQ4~QQg $QaQ63SQQQQ7Q~DS~~Qi000QDJQ9!@I@Q@S 7QQQ~SQQ@3i9~382~~@~@@@@@@@Q@@@Q~@@@Qf N°o p ~'AAtrwSLA.tk}~}}:A.}}I,A}AA}}_}LLLCLf.}}}sL}}44ffi:t _ALAt}.7}}:G .9ihLT}r}~~tititi►t~ }Ak FA_~'~':LA}}A1'}41.AAkywt A4F}A•,~L;}G}+•.Sl~ t►1S,~LAL+a~ --.L_-}L EEEkREREEEi:~RcP.cFEFEEEE!EEEEEEEE?xEEEaEs 777ifof~EEEEEEEEEEEEEExEEEEEEEEEEEEEEEEERR#EEEEEEEEQ;'EEEEEQEQ3i$95QQ iz:is;;959:aE9599939H3•. Q-= W Jbil ~ Saa~1~tl~Y ~~9 pap3E b a~~ ~ v~ I r- r d . \ LO u. ~ !s~yi! Q / o J/ 9 4~, a Q a / i iE{ It l' ¢ ♦ / / y e ~@~~ W Ct' W =lY i g dE /"I~~IIIiQ~hi~llu ~IIAfl :i 11 , 1-3 a {t i f s i s, s jai ti Q ; 93I Dp . _ I-~ n j I f C 6 II / a 6 •o Q : R= i I ,0 9 \ ~ EI~ ~ 8 I ~ E f 33 f ~ I I / 3~ ! fl ^ s l 1 a* P I J % % I / ~5- O „jam _ R g ~4 ! f j• _ ~ .t / g i~a~a~ i I , n o n•'.8 Kit / : nl 17 j y Q / < N 1 I i p z L~~ 8 0 LK~ Pik d y ¢ D { iji >;Y PEE ;6s' Rf 7 y~g 88Y s r" g II ~~I1 I p i il I r ~ir_:--;<:'~$bg~~g~~ ~z~°s - a E(t,•' ~ i~~ ~ iPl ii ps >ib5'»'x & n I `ur.1,l 4i }i a r i<S7 ~l 15T e+jw.a, >t..id'dr~3>d"e: rw a S i \il~ dl M~ ,ik : :'~3f E~ § ~`-e•a Y"g y per °pe°re°rr@r.°eBPc"•r"'FY°rY9pp, eer ; q \ ~fP L _ a pappbp~'~ m ~ex$9axaxj Yii b rea E2YFE~f E ~ae~` L ; EY:pc~9c dd2 c cfC~~c d B i fbE 7 6 `s 6 8 ! 1' i ~4 ~~i ~l .I L.•., RI ~ I I; ,I l 11 11 ly / 1. ly !lif= o.•.I ~ } lii~ O:)w•~}"m~ .IIIIII I..G•a•a}aeo};Y I ~ rf } p if t o ~u oe. • I I I I ( ~ l I I ~ ~ ~ ~ I : n0 I C y ! ~ t t- t N t _ _ ~ "s A c~A~icc i W Z3 y - R Q ~ ~ = 1 J 7 c i3-i W i~ ~ ~ ; ~y ~ ee'e ee~~ig8f`t <ppn F t n~ i - ~ 3 Q J L] ( e W c! = m$ t t N t i r K e l b y t t ~ C] Q r Q i ~ D ' ! 3 IJ] W E R z~ i 3 R3 1 I-j '.w t a n C-' 23 FC lot L ~ q I `C I #~1 ~ Y F~ F I I.~ I E f Eil $b~ Ea iy ~ < E s v fii i r r ryr I ~ I~ SOOOM Y11338VH ~ b 'Za aJN (n 0 V) (X a i p t K U Ld W Lij fall s ~ Z z ~a f xCLCL(L CL zS V4 ri 4: ui c6 Z; u a ZQZ N 2 :'.lit : :•:SS`•:•_• : '•'t.'.'.'. I :i z t a OZV) N z LLI 2 co { 46 lip 46 Ti -I ~ I ail I ' I i (OV BONN lOlld) l£ 'ON •H'V-S'3 • ~ t Ilit". tl{~f{ ~:1 tt!{ t t 'r Agenda Information Memo June 17, 2003 Eagan City Council B. PRELIMINARY SUBDIVISION (GREYHAWK 2ND ADDITION) -MARK GERGEN AND ASSOCIATES ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision and Planned Development Amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E in the SE'/4 of Section 20. OR To deny a Preliminary Subdivision and Planned Development Amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E in the SE '/4 of Section 20. FACTS: • The Greyhawk Addition subdivision and Planned Development was approved by the City in December 2002. • The applicant has found areas of poor soil on the site and is proposing to make some adjustments to the site layout to relocate four units elsewhere within the development. • In addition to reconfiguring the layout of the units, the developer is requesting a setback deviation to allow decks on the units on Lots 8-14, Block 4. These lots were redesigned from a rambler style units to lookout style units to accommodate grading changes along the boundary the site shares with the adjacent Lakewood Townhomes. • The Lakewood Townhomes Association has expressed agreement with the changes to the development that are proposed, and support of the setback deviation for the decks. • The Preliminary Subdivision and Planned Development Amendment were before the Advisory Planning Commission on May 27, 2003. • The APC recommended approval of both the Preliminary Subdivision and the Final Planned Development with conditions. ISSUES: Staff had recommended use of a different species of tree than the White Fir initially suggested by the developer to enhance the vegetative buffer between this development and the Lakewood Townhomes. The developer and the neighboring Lakewood Townhomes Association have agreed that upright techny arborvitae be installed instead. City staff is agreeable to this substitution. Consequently, condition #5 in the APC minutes should be reworded as follows: 5. The developer shall install landscaping in accordance with the landscape plan dated November 25, 2003, signed June 11, 2003, including 21 six-foot balled and burlapped upright techny arborvitae along the northeast boundary of the development (behind Lots 8-16, Block 4). ATTACHMENTS (2): May 27, 2003, APC Minutes, pages through Staff report, pageV through Letter from Lakewoo Townhomes Association, page /a41 City of Eagan Advisory Planning Commission Meeting Minutes May 27, 2003 UK AFT Page 15 1. PD AMENDMENT & PRELIMINARY SUBDIVISION - MARK GERGEN & ASSOC. A Planned Development Amendment and a Preliminary Subdivision (Greyhawk Second Addition) to reconfigure the lots and townhouse buildings of Greyhawk Addition, located on the east side of Blackhawk Road, north of Blackhawk Plaza in the SE'/ of Section 20. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 21, 2003. She noted the background and history. Chair Huusko opened the public hearing. Nancy Ohm stated concern that trees were not preserved or added like discussed previously. She stated she would like berming installed to help with the noise from the freeway. Nona Davis, Lakewood Townhome Association read the letter she submitted on May 20, 2003, which is included in the Staff report. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Heyl asked Staff to explaine the drainage problems that existed in the development. Assistant Engineer John Gorder explained the drainage issues and soil quality of the area. Applicant Mark Gergen stated the soil concerns wore corrected, however one area was not depicted to be as extreme as it is. He stated that many of the trees that were removed did not meet the definition of significant, however trees will be added as the homes are built. He stated the homes would also provide buffering for the noise. Member Heyl moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment and a Preliminary Subdivision (Greyhawk Second Addition) to reconfigure the lots and townhouse buildings of Greyhawk Addition, located on the east side of Blackhawk Road, north of Blackhawk Plaza in the SE '/4 of Section 20 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: Al, B1, B3, B4, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. A Planned Development Amendment Agreement shall be executed prior to final subdivision approval documenting the change in the site layout and the deviation allowed for the deck setbacks. 4. The developer shall prepare new Association documents that reference the new legal descriptions of the property and apportion ownership of Outlots A, B, and C to the other City of Eagan Advisory Planning Commission Meeting Minutes rLJ%RAFT May 27, 2003 Page 16 lots within the development. The Association documents shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 5. A revised landscape plan that includes trees on the west side of Lot 15, Block 2 shall be submitted prior to final subdivision approval. 6. The developer shall provide grading and a storm drainage system designed to direct storm drainage to the south away from the Lakewood Townhomes property. 7. The developer shall prepare a conservation easement document covering the north 15 feet of Lots 8-16, Block 4, prohibiting alteration of that berm area between Greyhawk 2"d Addition and Lakewood Townhomes. Motion carried 7-0. / C~~j PLANNING REPORT CITY OF EAGAN REPORT DATE: May 21, 2003 CASE: 20-PS-05-04-03 APPLICANT: Mark Gergen & Associates HEARING DATE: May 27, 2003 PROPERTY OWNER: Mark Gergen & Associates APPLICATION DATE: May 1, 2003 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Planned Development Amendment LOCATION: East of Blackhawk Rd., west of I-35E, north of Diffley Rd. COMPREHENSIVE PLAN: MD, Medium Density ZONING: PD, Planned Development SUMMARY OF REQUEST Mark Gergen and Associates is requesting approval of a Preliminary Subdivision (Greyhawk 2nd Addition) and Planned Development Amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E in the SE'/4 of Section 20. 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 Planning Report - Greyhawk 2nd Addition May 27, 2003 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). I That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development Amendment: Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. Planning Report - Greyhawk 2"a Addition May 27, 2003 Page 3 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Greyhawk Addition subdivision and Planned Development was.approved by the City in December 2002. The developer, Mark Gergen and Associates, has begun grading and other site work. One model townhome has been constructed on the site. While digging the footings for the model home, the applicant found poor soils on the site, and had to make some structural changes to the building to compensate. The applicant has since found another area of poor soil on the site, in a location where a four-unit building was to be constructed. The developer is proposing to make some adjustments to the site layout to relocate the four units elsewhere within the development. EXISTING CONDITIONS The site is currently under construction. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Townhomes; Single R-4, Residential MD, Medium Density Family Dwellings Multiple; Residential A, Agriculture South Diffley Square NB, Neighborhood RC, Retail Commercial Retail/Commercial Business East Interstate Highway 35E West Blackhawk Road; PD, Planned LD, Low Density Single Family Dwellings Development Residential EVALUATION OF REQUEST Densi - The density of the development remains the same as was originally approved, 5.3 units per acre. Planned Development Amendment - The townhomes are a side-by-side design, and each of the townhome units has its own lot and yard. The developer is proposing to reconfigure the lot lines to relocate the four units elsewhere in the development. The reconfiguration also realigns the; private streets within the development at the intersection of Raptor Road and Talon Trail. Outlot i Planning Report - Greyhawk 2°d Addition May 27, 2003 Page 4 B will be created in the center of the site in the area poor soils to provide additional open and recreation space within the development. The developer has submitted an exhibit showing the existing lot and building layout overlaid with the proposed lot and building layout. The existing is shown by the shaded areas, the proposed is shown in bold outline. • The four-unit building in the center of the site will be removed leaving a 7,129 s.f. outlot of open space. • The two three-unit buildings on the north end of the site will be constructed as four-unit buildings. • The four-unit building on the northeast edge of the site will become a five-unit building. • The five-unit building on the southeast part of the site will become a six-unit building. • Lot lines and street alignment will be adjusted throughout the development to accommodate these changes. The developer should prepare new Association documents that reference the new legal descriptions of the property and apportion ownership of Outlots A, B, and C to the other lots within the development. The Association documents must be submitted to the City Attorney for review and approval prior to final subdivision approval. Landscaping - Additional trees are proposed along the northeast side of the site behind Lots 8- 12, Block 4. In order to maintain the overall landscape design in keeping with the new lot configuration, the landscape plan shows some other minor adjustments in the street trees. A grouping of trees has been omitted from the west side of Lot 15, Block 2, adjacent to a vacant commercial lot. Since this location is not affected by the revised site layout and is adjacent to commercial property, this group of trees should remain on the Greyhawk 2"d landscape plan. A revised landscape plan should be submitted prior to final subdivision approval. Grading/Storm Drainage - A majority of engineering conditions related to this application remain the same and have been satisfied through the final subdivision of Greyhawk Addition. One issue relating to drainage has arisen since the original final subdivision. Under the original proposal, some development drainage was to be directed off-site toward Lakewood Townhomes to the north. This area experienced flooding in the July 2000 storm and other various storm events. With the Greyhawk 2nd Addition, the grading and storm drainage plan has been revised to reflect storm drainage flow from the development directed to the south away from the Lakewood Townhomes property, including storm events similar to the July 2000 storm. The developer should provide grading and a storm drainage system designed to direct storm drainage to the south away from the Lakewood Townhomes property. The developer has also revised some of the building structure types in the area adjacent to Lakewood Townhomes property to accommodate the necessary grading associated with the diversion of storm water runoff to the south. With the revised backyard grading and the building Planning Report - Greyhawk 2nd Addition May 27, 2003 Page 5 structure change, the developer is requesting a Planned Development Amendment to allow deck structures within the typical setback area, as is discussed elsewhere in this report. To provide for the preservation of the berm along the north side of the Greyhawk 2"d Addition development that will provide a diversion of storm water away from the Lakewood Townhomes property, the developer should dedicate a conservation easement over the north 15 feet of Lots 8- 16, Block 4, prohibiting alteration of that berm area. Tree Preservation - Much of the grading on the site has already been accomplished, however, changes have been made to the grading plan along the north and east edges of the site to provide the berming to redirect storm drainage. The existing trees along the boundary between the Greyhawk development and Lakewood Townhomes do not appear to meet the City's definition of significant trees under the Tree Preservation Ordinance. Nonetheless, the developer is attempting to preserve this strip of trees to maintain a visual buffer between the two developments, as requested by the Lakewood Townhomes Association. The grading plan shows the grading boundary and tree protection fence set back 10 feet from the property line. Access/Street Design - The subdivision will result in a slight realignment of the private streets within the development at the intersection of Raptor Road and Talon Trail. Setbacks - In order to accomplish both the grading necessary to capture the storm drainage within the Greyhawk site and preserve the trees along the property boundary as requested by the Lakewood Townhomes Association, the grades at the rear of the proposed townhome buildings on Lots 8-14, Block 4 will need to remain lower, resulting in a lookout townhome design rather than a rambler design (see Cross-Section exhibit). The structures are set back the required minimum of 30 feet from the perimeter of the site. While an at-grade patio can be constructed within that 30-foot setback for rambler style units, a raised deck is required to satisfy the 30-foot setback. Therefore, the developer is requesting a 10- foot deviation from the minimum 30-foot deck setback requirements for those units on Lots 8-14, Block 4 to best accommodate the wishes of the neighboring townhome association for drainage and tree preservation, as well as to retain the amenity of a deck on the new lookout units within the Greyhawk Addition. The proposed setback deviation is ten feet as measured to the outermost edge of the deck, not to the footings. Construction standards would allow a deck to be cantilevered up to 24" beyond the footings, however, in this case, to ensure uniformity, the setback is established for the furthest extent of the deck itself, which shall not extend more than 10 feet out from the building. SUMMARY/CONCLUSION The developer is requesting an adjustment in the subdivision to realign the private streets and distribute four townhome units throughout the Greyhawk development because of poor soils in the area where a four-unit building was to be constructed. In order to accommodate changes to /~j Planning Report - Greyhawk 2°d Addition May 27, 2003 Page 6 the grading plan and preserve existing trees at the request of the neighboring townhome association, the developer is also requesting a 10-foot deviation to minimum setback standards for decks on Lots 8-14, Block 4, to allow lookout units with constructed decks rather than rambler units with at-grade patios. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision and Planned Development Amendment on 8.3 acres located east of Blackhawk Road, north of Diffley Square shopping center, and west of Interstate 35E in the SE '/4 of Section 20. 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: Al, B1, B3, B4, Cl, C2, C4, Dl, and E1. 2. The property shall be platted. 3. A Planned Development Amendment Agreement shall be executed prior to final subdivision approval documenting the change in the site layout and the deviation allowed for the deck setbacks. 4. The developer shall prepare new Association documents that reference the new legal descriptions of the property and apportion ownership of Outlots A, B, and C to the other lots within the development. The Association documents shall be submitted to the City Attorney for review and approval prior to final subdivision approval. 5. A revised landscape plan that includes trees on the west side of Lot 15, Block 2 shall be submitted prior to final subdivision approval. 6. The developer shall provide grading and a storm drainage system designed to direct storm drainage to the south away from the Lakewood Townhomes property. 7. The developer shall dedicate a conservation easement over the north 15 feet of Lots 8-16, Block 4, prohibiting alteration of that berm area between Greyhawk 2nd Addition and Lakewood Townhomes. /3cz 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. 133 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 LTSMS STANOARO.CON FINANCIAL OBLIGATION-Grey Hawk 2nd Preliminary Subdivision There are pay-off balances of special assessments totaling $21,182 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for subdivision. 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 None Total C3 Eagan Boundary Street Centerline Location Map I~ParcelArea Building Footprint I m m. r a .W J 4b -11 A- IT v Subject Site ~qfl ® 0 - ei.cern fp~ m ® Y k $ ~ ~ t ~ S m eP a - .ate. ° ® ~ 0a - ~ as ° i >S dl Ococ w . mmm❑ a i! m=ezz . 1000 0 1000 2000 Feet Development/Developer. Greyhawk 2nd Addition Application: Preliminary Subdivision & PD Amendment Case No.: 20-PS-05-0403; 20-PA-03-0403 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided / N by Dakota County Office of GIS and is current as of February 2003. / /r THIS MAP IS INTENDED FOR REFERENCE USE ONL W E city of eac~an The City of Eagan and Dakota County do not guarantee the accuracy of this information and are Current Zoning and Comprehensive Guide Plan Land Use Map Mark Gergen & Associates Greyhawk 2nd Addition Case No. 20-PS-05-04-03; 20-PA 03-0403 Zoning Map PP A R-1 1 Current Zoning: D PD ® PD Planned Development ®PD D .1 N6 Cti..lM. M0. b Location PD R No No i ~CC #C w• • see uoo r..e Comprehensive Guide Plan L l.~ L D QP Land Use Map Location LD I~ MD P MD Current Land Use Designation: L ® MD LD MD RC Medium Density MD DP C,ya14 I10. >0 felt NI Location MD MD 7C HD N• • •N tI•e FMt / ~ Pred 6e.e map In rmalon proNdo~y County land3urwy Dop.rtmod: 3optombor 2002. N .lion mNntalnod by City 71.f. City of Eagan z w E THIS MAP IS INTENDED FOR REFERENCE USE ONLY S A tIAc x s r v N W W e f O r vU = =oW m r- WW// / R N 4 c=i U L~LI ry {.L / = LLI 5 = / / off= a~ I, f/1 ~QLj z N >i I'!1'I'. ~I=1 ~ I I m m~ f dRMI - 1 - I- I -I - - m LL, ~ i l I III I ~ I W Z I I 4. = N❑ 2 gzs r s g LL O O w a r y Y £ n W C7 L z o ~ ..x...~$ w . o o 4 - I'l Ml g d p . 3 _ 94 4 W >i w W 3 ff i ~ PQ~~ l~O~ ey~ efgb ~ ~ !g ~ Y ~gP8e \ L ,a ` 'iy ryb $ £ 5J~~ ~~~vP ire ~ ri gg w I p' m § '.w OJT ~ - x.016 ++~d 4~ • ~o~ro I ~ ~ ~ 8 I N f I I g I n r~ve N t mn _n mart . 6 & R ~i (I 4 p I I fl1 c c I mw w I 1 t i O ~ 'L L -~oy1:.z _ ^_~t c!ct` J >H n Firt ~ 3 I m111 I I [f l f•' $I ~I ~ 0 cu _m=1, u~ = a~. . I I I to 3 ~f j i " 1110 A.KL•.M! ~ Ht _ S ~ 's 1 c"mt ` Y I I l i I I I~ I 9 ~i rec o o I o- b' I iii Q ; I I 0~.; • \ t; 111 0 I u, ! I j ii~~ II I ~ I I 5 r \ l w S I) lye Y I I I-'' ( I 1 I I ``J $ rf§R gar IL n ~ ~ N 4 _J ~ qq Y 3 4 ~ Q ~ o ~ - p'e ^ o g ~ rn 04 O ~i ~ O O ~ Ys U ~ ~ O w r^ oz cl: al J O t 2 slS L ~ n d> if 9OPA O 2 L ) ` 4 ~of1 rd0 OA a o 5 AQ~V ; PAA Q \ Q, ~ \ s+~ 'e'3~ orb) ~ ~ a W ~c ~ e 2~0• P Asti \ U A rSs •'a,?, ``rdb c / •y3 _ h _ ~a~nr ^ ~•r t 'rte 4 g *v`,~';a{sa ;276_ 5 5 3 n~ ` m p ,g m VrM 3.6Z 7A ~ r \ r a ~ " wr, + S r , i a Q ~Q 1 S i fit b ~O a : 3 - - - - M tm m 3 JV' Z ± fy > poll I 'f r ;~4a ~ ~ } I I B I o- isF4 ~ ~ I I I I zl d / / I I) titiy~Y jo ~a4 I! r ~ 3 I W s a g Z C'7 - c7 n f-- W w g - r W~ 1 € I I. 1 1 ~ ~ I I' I I i ~ a ~e r *T I 4l- ~ ~ \ G ~ n 431 co a) I ~~a~e tl a d Q 6~# I ai i I I o.6 I S ~ 3` I ; _ i ~ ~ 69G= ' Q ey.t~N, ~ ~ I I I I I ->r ;11 I - s T Baia al;~`~ ~e? F in s- ~ r.-rte' r-.-- ji - (YA \ e ! I'T I I I = III I I I W II`'j l Y IiI I ~ I I- I ~ - . ~ i~~~l ~ T ' _ J i Yif \ 1~ ~ i 1. - I C e p ~ ~ ~ ~ a gg 3 gfbyy CO S a ¢ u9 Z N° L° V LL ° Ug tU~ E000 m < 3 r2W °HILOj W OS i 3 S a ' W ~~~'?F3 w I o W (n / ae a Y' ~ a a t~' ° R 5 n 7 IS.. ni nm ~ z ~ e yam , ~`C \ l \ m 1i ZYi, ILI z 8 ' I i iq ! I ® ` ~ 'yam, 1 ^g i .4 if! a - 9i I` s`. ill I I J 3 C C 4 12 s ~ 6 : LL ~g.W@ w w =-1 71 g~ ~ 50 3~ ~ [ Y t g Will tt ~ l i~~ lSSS11111111ljhj!!!E!!!!!!!l1e1eeee1lea11118,11, - . .._~^!i^S==fA:.ACiAApiAA+AiAAARY:°:i:7:7f A:77i°i°ii4+77Sii Sii R~CCf ff Cff C { E t ~ ` _-dy?!?lGgij--.-±---=-- - ------f4tlip:'~="7R7q~f='==:~A~uA44~pA ~:=Aiq RAAAi?A ! ~ 1 ~ ~ ~ ~ ~Z ~84€ 3 . aaaalsl llsa~ $$$$$$aso$ 0 $so$laaaaa~a 11 11 J 1 3 t1 11 1 ~ ; _ . _ _ _ g - o ~ ~~4 ~ dad - a Cu W, a Jt- -JO I ~ \ 1\\ <I _ , III `I 1 ~ ~ I I o = I i ~ 1~1 ales /~1• i I I Al I ~I II I j I VI I I ! " W c. ~ ,11i~ ~ I i.. I o .'III I I r• I 1,~ I I,I j± I ~ - I I I t W I i' I 4 I _ ~ 11(1 t I j l I A I i~\_ ~ II I J _ ULS V Y ccct:____ cr~c" c n~~e:y-.+ E ~d3JJ~3JJ J13~~~ gz N 6 3Id21'51 n i1d2 ;i @ leaa~ ►3f^e 6 s>?$~Sa^3~'~5s^:3 F~ x -j L a -~a- e.- - =0003 : ZD i l a y 4111,11, \ ` 3a W - - If _ _I 9 0 llt . I 3 _ ^ 1 ! III 1~ I _ ~ 1 $ . I11 r l ~JI _ - _ - u}t~]1 ~ •7y .r j / Mi~~~'1•"/` ~ I II,-~ ! _ ! I i - 5 `mil ~ ~ ~ 3 33 _ _ i N:1 , I 1 I is P\ Y ~ • ~ ~a , try ~ I j I 1 x4v lit a to f r 1i it - II 1. .1 Ill ~ -t L i = Y~ s+ ' \ . ( I' I I r`t I 1 t. tat 2 ~ >f ~Y ~t [ ~ z 1 i 11I I w t`{~ ' ~ I !7jt ■ 33jj 13 ~i { 7 \ + \I r/~ of 1z (L N ut N g IJL Ulf " „N m1W0~ O e N W W 3 = xY 7 Z o ~ ~ Y Z d ~ 6 F.S~ 4 U N Z N ~ ~ u I R11 a r Il' Iti s+ fit ae3 a e~ ~.2 t 3 fit 1 € Oil Fed d p t isd .1 r'= ,3 5~ fit j jj pp it is i i ~ s i f F r 33 i s• U _9° rD1 a a 3¢ti r{Ji =g:r mo rI- o w W ° W ~ S e t~ d P a a g ~1 f1f1 i~ 1 fl ~E ,py~ MCP If s r If ` w y W 4 2 O U 0 9 V 33~ W o : q Y O T < U) C3 o LLW1 ~ ps w m m a z m 0 ~a W Z¢ X ~ w W T J _ O z = w p Q Q 1 LL o w cr) LL w = O J :3 U) C) LLJ a~a it a I w O NLL -J uj p w ? Z Q Z Z 0 (1) Q > 0U C9 U p Zww ! H ~ w ? Z P°Ir Eb Z~ co X Q U U-) N NW a W O o 5 w z LLI ^ mto wo- 2 J ZZ a w ¢ ~ _m~ II t X ~W~ 1 I® ~ zo- 3Nn U83dOUd 1 1 b V3NV 1 0388niS10Nn ail. JNI03a9 IN238 NI038 a ~ 59Nt1NVld 332LL WTNT -T a g ! 1 0 1 O J O W M Q _Z p g / Q Y j v3i~J ui a c !a W - ww o N d c z~: L a m p d ~ W i NZ W °c m LLJ CL o ° m 3Es z t a O O W O O V) O W ° Z W M W %b Q =9 85 _ Z UM W~r: P LJ V!o aN (v mF NU 03 57< ~ O m oSS - se(:-r to N C~ 11failk 6ay&* & &oautstul Noel. LAND DEVELOPMENUREAL ESTATE BROKER 18004Jacquard Path, Lakeville, MN 55044 Phone (952) 892-6554 Fax (952) 892-5579 April 29, 2003 Ms. Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Greyhawk request for variance Dear Pam, As you are aware, subsequent to final approval of the Greyhawk grading plan and plat, the townhome association neighbors to the north of our development have come forward with a new position. It was our earlier understanding that the townhome association would pay for and construct a small berm to accommodate water runoff that has caused flooding in the past. They are no longer interested in building the berm. Due to this situation, City of Eagan staff has held a meeting and has asked us to investigate changing the grading plan to accommodate storm water runoff. We are happy to help address this problem. However, if we re-grade, we would be forced to eliminate all of the trees along the property lines (which we know no one wants). The original plan shows block 4, units 8-12 with concrete patios. If we were allowed to build 10x12 decks and daylight windows instead (like block 4 units 5-7), we would be able to save most of the peripheral trees, while grading to accommodate the storm water runoff. We understand that this would require a variance from the City. But understand that,we are only making the request in an effort to accommodate city staffs suggestion to come up with a workable solution. Please let me know if you have any questions. I can be reached at 612-414-7143- Regards, Mark Gergen J #7 9. LAND DEVELOPMENT/REAL ESTATE BROKER 180041acquard Path, Lakeville, MN 55044 Phone (952) 892-5554 Fax (952) 892-5579 April 29, 2003 Ms. Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Pam, This letter is to be included with our Greyhawk re-plat submittal dated April 16, 2003. As you know, unforeseen poor soil conditions at the Greyhawk site have invited us to consider making some minor changes to the plat. The purpose of this letter is to outline the changes we have made and to describe the reasons for the changes. For your reference, I have attached the narrative we submitted with our original application in May 2002. To accommodate the poor soils that were discovered, we omitted a four-unit building and created in its place a centrally-located interior open space. As shown by Attachment A, the four units that were omitted were relocated in the site and Raptor Road was moved slightly. On Attachment A the-€o Ww- layout is drawn in bold and the Wfayout is in hatched lines. Thank you for your consideration. I look forward to seeing you at the Planning Commission meeting on May 27h. Regards, Mark Gergen Lakewood Townhomes Association c/o New Concepts Management Company Paul Bozonie, Managing Agent 5707 Excelsior Blvd. St. Louis Park, MN 55416 May 20, 2003 Advisory Planning Commission and City Council The City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Setback Variance Commissioners and Council Members, The Board of Directors of Lakewood Townhomes Association supports the request of Mark Gergen for a City variance that will allow him to install decks to not closer than 20 feet from the Lakewood property line on seven lookout townhomes, formerly planned as flats. Our support is given with the understanding that the following conditions are being met through the Greyhawk Development Plan. Lakewood looks to the City to evaluate and sanction the plan's adequacy. 1. All water drainage or runoff from Greyhawk to Lakewood property will be eliminated. We understand the natural runoff that originates from within the tree fence will continue. 2. No part of the tree fence will be removed, as it now exists on Greyhawk property. 3. Additional white fir and other trees will be installed along the tree fence per the current Development landscape map. Mr. Gergen assured us that the Greyhawk association legal papers make it very unlikely that these items will be altered in perpetuity: "The associations cannot mess with the common areas unless there is a 75% vote of the members to do so." Perpetuity is a major concern and we ask for additional help in this from the City and Mr. Gergen. All are crucial, e.g., the drainage remedies must never be allowed to be altered or to degrade; heavy rain events will happen long after the City accepts this Development. We thank Tom Hedges and each City staff member with whom we have worked. All have been very kind and willing to add their expertise to our concern and passion. We especially note the engagement and patience of John Gorder and Mike Ridley. We are grateful to Mark Gergen and John Wingard, of Greyhawk, who helpfully addressed our concerns and offered impressive remedy. Thank you for your consideration and all of your efforts for our City. If you have any questions, please telephone Nona Davis at 651-681-9622. Sincerely, ~ Q Lakewood Townhomes Association Board of Directors By Nona J. Davis, President Lakewood Townhomes Association c/o New Concepts Management Company Paul Bozonie, Managing Agent 5707 Excelsior Blvd. St. Louis Park, MN 55416 June 12, 2003 John Gorder, Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Greyhawk 2"d Addition Conditions Dear John: Reference is made to that letter dated May 27, 2003, from the City of Eagan to Lakewood Townhomes Association in which the City confirmed that four conditions, required by Lakewood for its support of the above-referenced development and two variance reiluests, would be fully met. Now, Greyhawk Developer Mark Gergen and the City desire to alter the referenced Condition 3 that stated "white fir and other trees will be installed along the tree fence." The Lakewood Townhomes Association Board of Directors agrees to replace Condition 3, in its entirety in the above referenced letter, with the following: 3. 21 six-foot balled and burlapped cedar trees ("techny arborvitae"), typically expected to grow to a height of 10-12 feet and a width of 6-8 feet, will be installed along the tree fence per the recently altered development landscape plan. All other provisions of the May 27 letter shall remain, except that it is understood and agreed that the part of the original letter's Condition 4 that states "installed trees" now references the above 21 cedar trees, among any others. We will look to the City to make the above changes and ensure this replacement Condition 3 is met as if it were part of the original letter. If the City does not fully agree with all provisions of this letter, clearly state specific changes required to Tom J. Pederson at 651-681-9622 before 4:00 pm tomorrow. We trust this letter will help toward prompt City approval of the Greyhawk Development. Sincerely, Lakew /odTownhomes Association Board of Directors By Nona J. Davis, President 651-681-9622 cc: Pam Dudziak, Planner RECEIVFD JUN 1 3 2003 Agenda Information Memo June 17, 2003, Eagan City Council Meeting C. A PRELIMINARY SUBDVISION (SODERHOLM 2NI ADDITION) AND A PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve a Preliminary Subdivision to create two commercial lots and a Planned Development Amendment to allow for an office at 4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • There is an existing daycare facility in the center of the lot with a small parking lot. • A Planned Development Amendment was executed in 2000 to allow a daycare use rather than the approved medical center. • The subdivision proposes Lot 1 to be about 29,870 square feet and Lot 2 will be about 97,535. The office is proposed for Lot 1. • At the public hearing a neighbor suggested adding a sidewalk along Lexington Way and the applicant was in agreement. • The Advisory Planning Commission held a public hearing on May 27, 2003, and are recommending approval; subject to the conditions in the APC minutes. ISSUES: • The proposal indicates the trash enclosure will be detached and located in the southeast corner of the lot. Commercial districts require trash enclosures to be attached to the principle building. • Public Safety staff expressed concern with the proposed Lighting Plan and suggested modifications addressed in the staff report. • Public Safety staff also requested that the proposed parking lot screening in the southwest corner be reduced, the proposed screening is too dense and may become a hazard to public safety. • The developer indicted that he was willing to modify the plans to address these issues. ATTACHMENTS (2): Advisory Planning Commission Minutes a e(s) 1,~ Planning Staff Report pages/Vthrough/S~ City of Eagan Advisory Planning Commission Meeting Minutes May 27, 2003 D K`AFT Page 17 J. PD AMENDMENT & PRELIMINARY SUBDIVISION - MANLEY LAND DEVELOPMENT A Planned Development Amendment to amend the use of Lot 4, Block 1, Soderholm Addition from a daycare to an office use and a Preliminary Subdivision (Soderholm 2nd Addition) to create two lots, located at 4155 Lexington Way in the SW '/4 of Section 23. Planner O'Bryan introduced this item and highlighted the information presented in the .City Staff report dated May 19, 2003. She noted the background and history. She stated a letter was received from a resident requesting a sidewalk in the area. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Chair Huusko asked the Applicant if a sidewalk would be installed. Applicant Kurt Manley stated a sidewalk could be installed upon direction. He also stated if the detached trash enclosure is not acceptable, it could be modified. Chair Huusko stated he would prefer the trash enclosure further away from the play area of the daycare. Member Gladhill moved, Member Heyl seconded a motion to recommend approval of a Planned Development Amendment to amend the use of Lot 4, Block 1, Soderholm Addition from a daycare to an office use and a Preliminary Subdivision (Soderholm 2nd Addition) to create two lots, located at 4155 Lexington Way in the SW '/4 of Section 23 subject to the following conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1,2,3,4 C1,2,4 D1, E1 2. The property shall be platted. 3. The Planned Development Amendment Agreement must be signed and recorded prior to issuance of a building 4. Cross easements providing for vehicle circulation shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 5. A revised Landscape Plan reflecting the suggested changes be submitted with Final Subdivision Application 6. A revised Lighting Plan reflecting the suggested changes shall be submitted with Final Subdivision Application. /S~z City of Eagan Advisory Planning Commission Meeting Minutes UKAFT May 27, 2003 Page 18 7. Any rooftop equipment shall be screened from view of all public right-of-way and private streets bordering the property to the south. 8. The trash enclosure shall be attached to the principle building and be constructed of similar materials and of a similar design and color to that of the principle building. 9. All signage shall meet the requirements of the City's Sign Ordinances. 10. Provide a trail way easement in a form acceptable to the City Attorney and construct a sidewalk on the east side of Lexington Way. Motion carried 7-0. 1,53 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 19, 2003 CASE: 23-PS-06-04-03 23-PA-06-04-03 APPLICANT: Kurt Manley HEARING DATE: May 27, 2003 PROPERTY OWNER: Kent Thompson APPLICATION DATE: April 16, 2003 REQUEST: Preliminary Subdivision Planned Development Amendment PREPARED BY: Sheila O'Bryan LOCATION: 4155 Lexington Way COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting a Preliminary Subdivision to create two commercial lots and a Planned Development Amendment to allow an office at 4155 Lexington Way, Lot 4, Block 1, Soderholm Addition. 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 /SOY Planning Report - Soderholm 2nd May 27, 2003 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development Amendment: Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. / 557 Planning Report - Soderholm 2°d May 27, 2003 Page 3 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNDMISTORY The subject site is part of the Soderhohn Planned Development that was approved in November of 1995. The subject site was originally approved as a 24,000 square foot medical clinic. In 2000, a Planned Development Amendment was approved for the subject site to allow a daycare facility. EXISTING CONDITIONS There is currently a day care facility located in the middle of the subject parcel and a pond on the eastern portion of the lot. The daycare is a freestanding building that is about 13,440 square feet. There are 45 parking spaces to accommodate the daycare. The west side of the lot, which is proposed to become Lot 1 with the subdivision, consists of an open grass area with trees lining the west lot line. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North . Eagan Evangelical PF, Public Facility QP, Quasi- Covenant Church public/Institutional South Retail PD, Planned RC, Retail Development Commercial East Convenience store PD,- Planned RC, Retail Development Commercial West Single family A, Agriculture LD, Low Density dwelling Residential EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject property is surrounded with different uses including single family residential, a church, commercial uses and a daycare. As a result of previous Planned Development approval it was determined that commercial uses are compatible with the surrounding area. 156 Planning Report - Soderholm 2nd May 27, 2003 Page 4 Airport Noise Considerations - The proposal does not fall within the airport noise contours and should have minimal impact from the airport. Lots - The existing lot is about 2.9 acres in size, after the subdivision Lot 1 will be about 29,870 square feet and Lot 2 will be 97,535. There is not a minimum lot size requirement for Planned Development zoning. Parkin - The City Code requires one parking space for every 150 square feet of net leasable floor area. The submitted plans indicate the proposed office will have a net leasable area of 6,606 square feet resulting in 24 required parking spaces. The plan indicates 25 spaces will be provided. This code requirement is fulfilled with the appropriate number of parking stalls provided. Landscaping - The Landscape Plan complies with the City Code requirements however; Public Safety staff requested that the proposed parking lot screening in the southwest corner be reduced. The proposed screening is too dense and may become a hazard to public safety. Staff suggests installing three foot shrubs rather than Black Hills Spruce. A revised landscape plan including this change should be submitted with the Final Subdivision application. Grading - The preliminary grading plan is acceptable. The existing site is open and generally slopes to the north and west. Storm Drainage - The preliminary. storm drainage plan is acceptable. Existing storm sewer is available for connection within the service drive at the south edge of the site. Wetlands/Water Quality - There are no water quality requirements for this development. Such requirements were addressed at the time of the first subdivision. There are no wetlands associated with this development. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main are available for connection by the development from Lexington Way to the west. Streets/Access/Circulation - Street access for this development is proposed at two locations, via private access to the existing Soderholm Addition service drive along the south edge and public street access to Lexington Way in the northwest corner of the development. Easements/Permits/Right-of-Way - Internal vehicle circulation is proposed via private drives within the Soderholm Development. Cross easements providing for this circulation should be prepared for review and approval by the City Attorney prior to Final Subdivision approval. Tree Preservation - There are no tree preservation requirements for this development. Such requirements were addressed at the time of the first subdivision. Parks and Trails - Park and Trail dedication fees have been paid for Lot 2, Block 1, Soderholm Addition with development of the daycare and will not be required with this subdivision. Planning Report - Soderholm 2nd May 27, 2003 Page 5 Setbacks - The existing daycare was approved based on NB, Neighborhood Business zoning requirements. The proposed subdivision meets most of the setback requirements for NB except for the rear yard setback. With the new lot line the exiting daycare would have a rear yard setback of 10 feet and the proposed office building would also have a rear yard setback of 10 feet. The NB zoning requires a 20 foot rear yard setback. However the property is zoned Planned Development which does not have specific setback requirements and may be approved with the 10 foot rear yard setback. The acceptability of the proposed setbacks is considered a policy matter to be determined by City Officials. Trash Enclosure - The submitted plans show a proposed detached trash enclosure located at the southeast corner of the lot. According to City Code, trash enclosures within a Neighborhood Business zoning district must be attached to the principle structure; however, the existing daycare was approved with a detached trash enclosure. Staff recommends, in order to keep this development consistent with most other commercial developments in the City, the trash enclosure to be attached to the principle building. The acceptability of the proposed detached trash enclosure is considered a policy matter to be determined by City Officials. Mechanical Equipment - The submitted plans do not indicate rooftop equipment. Any rooftop equipment should be screened form view of all public rights-of-way and the private street bordering the property to the south. Building Architecture/Materials - The proposed office conveys residential characteristics with the hip roof, window type and exterior finish materials. The roof is proposed to be asphalt shingles, and the building finish is proposed to be a combination of cedar wood trim, cedar lap siding and cultured stone with stone cap. Si a e - The site plan indicates there is an existing sign in the southwest corner of the lot. Signage is not proposed at this time in the future, any signage shall meet the requirements of the Sign Ordinance. Lighting - Public Safety staff expressed concern with the proposed Lighting Plan and suggested the following modifications: An additional light pole near the main entrance, better lighting between the existing daycare and the proposed office building, wall-packs located on the plans and lighting on the west side of the proposed building near the door should be provided. Planning Report - Soderhohn 2°a May 27, 2003 Page 6 SUMMARY/CONCLUSION The applicant is requesting a Preliminary Subdivision to create two commercial lots and a Planned Development Amendment to allow for an office building on a newly created lot. The subject site is part of the Soderholm Planned Development that was approved in November of 1995. The subject site was originally approved as a 24,000 square foot medical clinic. In 2000 a Planned Development Amendment was approved for the subject site to allow a daycare facility. The proposed office building is about 5,870 square feet on a 29,869 square foot lot. The proposal provides adequate parking based on net leasable office area. The proposed development meets typical NB setback requirements except for the 20 foot rear yard setback. The new property line as proposed will create a rear yard setback for the office building and the existing daycare of 10 feet. The proposal indicates the trash enclosure will be detached and located in the southeast corner of the lot. All commercial districts require trash enclosures to be attached to the principle building. The acceptability of the proposed setbacks and detached trash enclosure are considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two commercial lots and a Planned Development Amendment to allow an office at 4155 Lexington Way, Lot 4, Block 1, Soderholm Addition. 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: Al, B1,2,3,4 C1,2,4 D1, E1 2. The property shall be platted. 3. The Planned Development Amendment Agreement must be signed and recorded prior to issuance of a building 4. Cross easements providing for vehicle circulation shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 5. A revised Landscape Plan reflecting the suggested changes be submitted with Final Subdivision Application 6. A revised Lighting Plan reflecting the suggested changes shall be submitted with Final Subdivision Application. Planning Report - Soderholm 2nd May 27, 2003 Page 7 7. Any rooftop equipment shall be screened from view of all public right-of-way and private streets bordering the property to the south. 8. The trash enclosure shall be attached to the principle building and be constructed of similar materials and of a similar design and color to that of the principle building. 9. All signage shall meet the requirements of the City's Sign Ordinances. A /6 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. 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 LTSX5 STAN AN0AR0.CON FINANCIAL OBLIGATION-Soderholm 2°d Preliminary Subdivision There are pay-off balances of special assessments totaling $12,041 on the parcel proposed for rezoning. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for rezoning. 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 ie: with the issuance of the building permit. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total $-0- I6~ Eagan Boundary Location Map /PtrelAre.ril°° Parcel Area f C /Building Footprint ~ ~a 7 D~cp E7 ~ ~ !p 3 '3 ~.t 'a t] C a7 % sma ~ :r 1{9 ~ ' aa~ ~ ~ r a 12 :7a M 7a ~ o ~ ~ ~ ~ 3 •'9 ay O _ ~ D 4 a 3 s Sub'ect Site J 7 d 3 i A _7 &2 7 ' J J9 Z s- f- !3 P= a 3 J- 7D . 1000 0 1000 2000 Feet Development/Developer. Soderholm 2nd Addition Application: PD Amendment, Preliminary Subdivi n Case No.: 23-PS-06-04-03 & 23-PA-06-0403 N Map Prepared u GIS Parcel bass map data prwided by Dakota County nty Office of of GIS and d is currant t as of February 2003. 200]. K' E /r THIS MAP IS INTENDED FOR REFERENCE USE ONLY Mohagen MArl Hansen Aronirecrural Group ;ML March 19, 2003 Ms. Pam Dudziak Associate Planner City of Eagan Zoning Department 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Soderholm/Office Development Mohagen/Hansen Project No. 03005.OMLD Dear Ms. Dudziak: Regarding the proposed development by Manley Land Development at Lot 1, Block 1, Soderholm 2-d Addition, the following information is intended to serve as the narrative for the Preliminary Subdivision Submittal and is for your use in evaluating the project. Comprehensive Guide Plan Designation & Zoning Classification The amendment to the existing PD will allow the new construction of an office building in a B-1 zone. The office building is less than 6,000 square feet. The small sale and detail of the building will blend nicely with its neighbors, daycare, retail and single family homes. It also allows the church to the north to maintain being the landmark in this neighborhood. Proposed Project & Timing Manley Land Development is proposing start construction on the parcel of land in July of 2003. The construction will last approximately six months, finishing around January of 2004. Existing & Surrounding Land Uses The existing comer parcel is now vacant. The adjacent land use to the north is a church. The adjacent land use to the east is a daycare. Across the road to the south, the land uses are retail/commercial. Across the street to the west the land uses are single family homes. The subdivision will happen with the land use to the east, the daycare. The parking area will have landscape screening to the daycare site. The development of the corner parcel of land in the PD presents the community with an icon for the entrance into the rest of,the Planned Development. On behalf of Manley Land Development, we here at Mohagen/Hansen Architectural Group along with the planners and engineers of Pioneer Engineering, P.A. are available to answer any questions that you may have regarding this narrative or any of the drawings in the Preliminary Subdivision Submittal. Best regards, Mohagen/Hansen Architectural Group Jennifer Kaplan, AIA Architect k k jobs \ manley land dev \ offiice l doc W3005subdivision.doc 1415 E Wayzata Blvd Suite 200 Wayzata MN 55391 Tel 952.473.1985 A/7 e e .rf r .f ] uj a s O 1:: > ! F. W • 1 F' O ~i_-_•__ er_ t I I : r I I 3~ ~ s o t\ 6 It O .I i l ' I " VI 1 / i x _Z VV ~ 1 ~ v' lUI1LO0M • f • • ~ ` J{ _ I f R~79 i..a _ a~ y ~ j t 1 ~ gg ~ !1 3. ! p 3 1 1 '1 lII~~~~~~~ t; 1 ~ i ' 3• _ tiff ~ 1 - ~ ~ ~ ~ ~ ~ ~ 1l ~ i 1 ,3• \ I I ( i1i kit l ~r~i •rr i i_. rrr I 2 [a n. C) •C I t) •C i y i f- I CI t i ZZ LL I Ld / y F LJ L_ / / O JrJ h.. S W Ir / O 1 yJ~ 1 O 1 ~ 1 1 'a a Y i J ' W s____________ /1 C) I 1 t ~ r' , Ir I' 1 , L' 1 i I~ 1 1 r I 1 t Yi r_ I 1 5 I N ~ L~ I 1 r~ I i 1 rl ~ .esw.ur. Ir r~-----t----------------1-------------------t--~ 1 p 1 ^ I I Y 4 r~~ I a a a l L) 1 I ; . G i Y I y I I i I to .r y !i i 1 I 1 ) 1 I:~ ~ i !J 1 ~ r i LI 1 .y I ~ s t j _ 1 p 1 ) 1 l~9c §~y i~~ 1 to i s r~ m p ! ge EaZ'~-s i Yc3~ ! a J g F 0 0 0 Z N 3 Q' 8 ~N T W A. R ~ C , f ~L k Z 901 Hill ~p I t~ ii'i JJ;fte.1~lIY1.L;IIi.i7lSt.tlt~tL J LLI c W n fa. I t U) J ❑ I L _ 1 1 \ Lj t ~ I ~ i- `h It• i . < G IIII N 1 }Y aj U 11 00.69 w ol 0. l Q W N{ w Z t.m -0 - 1 1 L- OY'ZLZ 3.91,L L005 i z AVM N013NIX31 i o° F Ckc 00 CL 1 C/) Z O o ~ Z W W rr rr O r~ Lr 0$a~a i~ a ( ~ E~ ~taf X W e r. t t Y Y f F z O ~~a O F ~r ==r p_u < + > r- !!u~ _ ee ELI 12 LLL i # J N < N g < ` W 2 V / N QQq Z ~ ~ C „ S ~ ~ ~ WQpp N N ZW ~ ~ ~ / Z ~ yyyZ111 ` 1 ~ N e` N= U Y SS yuy,, i p S v y ~ `N7 p ll = W N G ~pp ; V O S Z ~ ~ W ' N N~~ 0 Z W N I Y ~ ~ A • W ~ : pC St Y y `6 P W ~ O~ V ` Z F L r 3 V ~ ~ f 8 4 Z l N ~ L filWu ~e $ no u g f1 r u x=p a . N W V V 6 t h+~ l l J Y N i n ~ o r Y y O O w Z Y! ~ d o 4 cd ^ 9 ~f y:~ 1 l u - ~ e ~ ' R J n N a fAE~ % ■ .Z 0 ? % % p 3.91,00OS JkVM N0l3NlX3T ---}--------------f / ~j Agenda Information Memo June 17, 2003, Eagan City Council D. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PRELIMINARY PLANNED DEVELOPMENT - NORTHWOOD POND (DELTA DEVELOPMENT) ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to change the land use designation within the Special Area from O/S, Office Service to MD, Medium Density on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E in the SW 1/4 of Section 10, be submitted to the Metropolitan Council for review and approval. FACTS: • The proposal overlays three parcels, all of which are platted and located adjacent to Interstate Highway 35E. • The northerly parcel is a remnant that was acquired from MnDOT by the City in 2000 in conjunction with the development proposal for an expansion of the Glen Ponds apartment complex in 2000. • The two southerly parcels have been zoned GB, General Business, as far back as the mid-1970s. The adjacent property to the west had also been zoned GB until it was redeveloped as Limited Business uses in 1997. • Within the Special Area, the subject site is identified for O/S, Office Service land uses. Northwood Parkway, which will be a community collector roadway, provides a physical separation between the residential apartments to the north and the more office and service oriented uses to the south. • Delta Development is proposing to construct 42 townhome units in six buildings on this site (net density is 7.71 units per acre). • In evaluating the proposed Comprehensive Guide Plan Amendment, the policy matter to be determined by the Council is whether a townhome development is an appropriate and desirable use in this location. • The Advisory Planning Commission held a public hearing on the proposed Guide Plan Amendment and Preliminary Planned Development on May 27, 2003, and recommended denial of both requests. • The developer has also submitted a proposal for Preliminary Subdivision, and the APC also held a public hearing regarding the subdivision at its May 27, 2003 meeting. The developer has requested that the subdivision be continued indefinitely at this time. ISSUES: • Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Preliminary Planned Development will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Z Plan Amendment. It is still appropriate for the Council to comment on the proposed Planned Development at this time. • The proposed MD residential land use on this site is not incompatible with the adjacent uses. However, land uses south of Northwood Parkway were designated commercial to maintain consistency with the light commercial uses that already exist there, and the site's proximity to I- 35E raises questions of compatibility with the noise levels associated with the volume of traffic on an interstate. • The Planned Development zoning is necessary to accommodate the lots without public street frontage, private streets and deviations from bulk standards. Plans for additional trees for mitigation and to establish a buffer from I-35E must be submitted prior to Final Planned Development approval. • Northwood Parkway, along the north edge of the site, is identified for future street and bridge construction in the City's current Capital Improvement Program (2004-2008). In conjunction with this construction, Sherman Court, a local street along the west edge of the site from Marice Drive to Northwood Parkway, will also be constructed. The public right-of-way providing for the construction of Northwood Parkway and Sherman Court has been dedicated or acquired. • In anticipation of this construction, the developer should be responsible for the pre-payment of the street assessment for the frontage of the proposed development adjacent to this portion of Sherman Court (approximately 165 feet). The estimated street assessment is $22,805. No assessments are proposed on Northwood Parkway, a planned major collector roadway. Consequently, the following condition of approval should be included in the consideration of the proposed Preliminary Planned Development: "The developer shall be responsible for the pre payment of the street assessment for the frontage of the proposed development adjacent to the future construction portion of Sherman Court (approximately 165 feet). " ATTACHMENTS (4): May 27, 2003, AP Minutes, pages through , pa_ a through Staff report Letter from David Thompson, Commons on Marice, page" Letter from Mark Parranto, Delta Development, page~2&7 1~3 City of Eagan Advisory Planning Commission Meeting Minutes rL R A F T May 27, 2003 Page 19 K. COMP. GUIDE PLAN AMENDMENT. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - DELTA DEVELOPMENT A Comprehensive Guide Plan Amendment to change the land use designation of 6.29 acres from O/S-Office/Service to MD-Medium Density, a Rezoning from GB, General Business to PD, Planned Development, a Preliminary Planned Development consisting of 42 townhome units in six buildings and a Preliminary Subdivision (Northwood Pond) to create seven lots, located on the east side of Pilot Knob Road and south of Northwood Parkway in the SW '/4 of Section 10. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 21, 2003. She noted the background and history. Applicant Mark Parranto explained the design for the six, eight and ten unit buildings. Chair Huusko opened the public hearing. David Thompson, resident of Commons on Marice stated concern for: the noise from 35E, loss of trees and ponding, and increased traffic. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder explained, in regard to traffic, that this development would generate about 250 vehicle trips per day, which is a reasonable amount for this street. While the level of traffic on Sherman Court would increase from its present amounts, it would not exceed the street's design and capacity. Chair Huusko inquired about the 30-foot buffer around the wetland. Planner Dudziak stated there are areas around the wetland that grading encroaches into. Member Gladhill explained that traffic levels would be lower than the alternative, which is an office development. He expressed concern that 42 townhomes will be too much for the property. He stated he would vote against the proposal. Member Heyl stated the area should not have the Comprehensive Guide Plan designation changed. She stated the property should not be developed as residential because it is the last office parcel in the core area of Eagan. Areas to east, west and south are special area office and service, hence a better use for this area. She explained that the long-term plan for this area is to be the core downtown of Eagan and office space will be more appropriate when the ring road is completed. Member Miller agreed with Member Heyl and stated the planned density is too high. He asked if the homes would be sold rather than rented and the price range. He stated he is not in favor of approval. City of Eagan Advisory Planning Commission Meeting Minutes uKAFT May 27, 2003 Page 20 Mr. Parranto stated the homes would be sold and the price would be around $180,000. Member Bendt complimented Planner Dudziak on the construction of the Staff report. He stated he is not in favor of approval of this item. Member Leeder stated this development site is noisier than other developments bordering other major roadways and concurred that a commercial use would be more appropriate, particularly when the Northwood Parkway extension across 1-35E occurs in the future. Member Heyl moved, Member Gladhill seconded a motion to recommend denial of a Comprehensive Guide Plan Amendment to change the land use designation of 6.29 acres from O/S-Office/Service to MD-Medium Density located on the east side of Pilot Knob Road and south of Northwood Parkway in the SW'/4 of Section 10 for reasons previously stated. Mr. Parranto requested the reasons for denial be stated. Member Heyl stated the following reasons: Northwood Parkway provides an appropriate delineation between residential uses (to the north) and commercial uses (to the south). The existing O/S land use designation is appropriate as it maintains the core commercial node of the City's Central Area. Unlike the previous considered amendment along Cedar Avenue (TH-77) which had residential uses to the west, east and south, this site has office/service and commercial uses to the west, east and south. Northwood Parkway's extension across 1-35E will result in a now dead-end road functioning as a major commercial traffic carrier to and from the Promenade area. Special Area - Office/Service is a better long-term use of this land for the City. That the new Central Park and Community Center enhances the Office/Service potential of this site. Motion carried 7-0. Member Heyl moved, Member Miller seconded a motion to deny a Rezoning from GB, General Business to PD, Planned Development, a Preliminary Planned Development consisting of 42 townhome units in six buildings located on the east side of Pilot Knob Road and south of Northwood Parkway in the SW '/4 of Section 10. Chair Huusko explained that he would vote against the item due to the proposed density. Motion carried 7-0. Mr. Parranto withdrew the application for Preliminary Subdivision. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 21, 2003 CASE: 10-CG-04-04-03 10-PS-08-04-03 10-RZ-06-04-03 APPLICANT: Delta Development HEARING DATE: May 27, 2003 PROPERTY OWNER: Glen Ponds III, LLC APPLICATION DATE: April 30, 2003 REQUEST: Comprehensive Guide Plan Amendment PREPARED BY: Pamela Dudziak Preliminary Planned Development Preliminary Subdivision LOCATION: East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development GB, General Business SUMMARY OF REQUEST Delta Development is requesting a Comprehensive Guide Plan Amendment to change the land use designation within the Special Area from O/S, Office Service to MD, Medium Density, on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E in the SW'/a of Section 10. Delta Development is also requesting approval of a Rezoning and Preliminary Planned Development and a Preliminary Subdivision (Northwood Pond) for construction of 42 townhome units in six buildings on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E in the SW '/4 of Section 10. The Planned Development zoning is necessary to accommodate the lots without public street frontage, private streets and deviations from bulk standards. Planning Report - Northwood Pond May 27, 2003 Page 2 AUTHORITY FOR REVIEW Comprehensive Guide Plan: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. 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. Planning Report - Northwood Pond May 27, 2003 Page 3 B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. 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." / 174 Planning Report - Northwood Pond May 27, 2003 Page 4 BACKGROUNDMISTORY The proposal overlays three parcels, all of which are platted and located adjacent to Interstate Highway 35E. The subject site is part of Special Area 4. Prior to receiving the Special Area 4 designation with the Comprehensive Guide Plan Update in 2001, the site was part of the Central Area, a similar small area land use plan that was adopted in 1994. The City recently adopted amendments to the Special Area 4 land use plan, which identifies the land use for this site as O/S, Office Service. The northerly parcel is a remnant that was acquired from MnDOT by the City in 2000 in conjunction with the development proposal for an expansion of the Glen Ponds apartment complex in 2000. This parcel is currently owned by Glen Ponds III, LLC, which acquired the land from the City in exchange for right-of-way dedication for Northwood Parkway. At the time the Planned Development for the expansion of the Glen Ponds Apartment complex was approved in 2000, this parcel was also zoned PD, and designated for uses and development standards consistent with the LB, Limited Business zoning district. The two southerly parcels remained zoned GB, General Business. The two southerly parcels have been zoned GB, General Business, as far back as the mid-1970s. The adjacent property to the west had also been zoned GB until it was redeveloped as Limited Business uses in 1997. Until recently, the subject land was owned by MnDOT. It is currently owned by Glen Ponds III, LLC, the owner/developer of the Glen Pond Apartments north of the future Northwood Parkway. Northwood Parkway has been constructed at its intersection with Pilot Knob Road, and exists as right-of-way extending to the east, but has not been constructed to the I-35E right-of-way. A future bridge overpass is planned in this location over I-35E, but funding has not been available and the project remains unscheduled to date. It is anticipated that Northwood Parkway will be constructed to its full extent in conjunction with the installation of this overpass. EXISTING CONDITIONS The site is vacant and wooded, and contains a wetland in the east central portion of the site. f SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: /~9 Planning Report - Northwood Pond May 27, 2003 Page 5 Existin Use Zoning Land Use Designation North Future Northwood Parkway; PD, Planned Development HD, High Density Glen Pond Apartments South Hotel, bank, daycare PD, Planned Development O/S, Office Service East Interstate 35E West Senior assisted living LB, Limited Business O/S, Office Service a artment/restaurant/office EVALUATION OF REQUEST Comprehensive Guide Plan Amendment: The property is currently guided SA, Special Area. Within the Special Area, the subject site is identified for O/S, Office Service land uses. The O/S land use designation was applied to this property for consistency within the area. With the exception of the hotel, surrounding properties consist of a mix of uses that is generally consistent with the LB, Limited Business zoning district. While The Commons on Marice provides independent and assisted living for seniors, the services provided by that facility and the number of employees make it a commercial use rather than a strictly residential use. Northwood Parkway, which will be a community collector roadway, provides a physical separation between the residential apartments to the north and the more office and service oriented uses to the south. The appropriateness of extending residential uses south of Northwood Parkway is a policy matter to be determined by City officials. Density - The MD, Medium Density land use designation would allow residential developments with density between 4 and 12 units per acre. The proposed development of 42 units has a gross density of 6.68 units per acre and a net density of 7.71 units per acre. The site contains a substantial wetland area, 0.94 acres of the 6.29-acre site, and City Code allows only 10% of such wetland area to be used toward density calculations. Therefore, the proposed development of 42 units on 5.45 net acres results in a net density of 7.71 units per acre. Compatibility with Surrounding Area - This site is located within an area of mixed use with both low intensity commercial uses, and medium to high density residential uses. The proposed Medium Density residential land use on this site is not incompatible with the adjacent uses. However, because Northwood Parkway will create a physical barrier between uses in the future, the land uses were separated north and south of Northwood Parkway. Consequently, the land uses north of Northwood Parkway were designated residential to be consistent with already established apartments, and land uses south of Northwood Parkway were designated commercial to maintain consistency with the light commercial uses that already exist there office, daycare, restaurant, and assisted living. /Sd Planning Report - Northwood Pond May 27, 2003 Page 6 In addition, the site's proximity to I-35E raises questions of compatibility with the noise levels associated with the volumes of traffic on an interstate. Per current policy, MN/DOT will not install noise barriers along highways where the highway preceded the residential development. Therefore, the City should consider highway noise in its decision whether to establish new residential developments along major highways. The appropriateness of the proposed land use amendment is a policy matter to be determined by city officials. Preliminary Subdivision: Proposal - Delta Development is proposing to subdivide the property into seven lots - six lots for construction of the buildings, and one lot will consist of the common property within the development. Three six-unit, and three eight-unit townhome buildings are proposed, for a total of 42 units. Private streets connecting to Sherman Court will provide access into the site. 29 visitor parking stalls are dispersed throughout the development. Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not apply. However, the R-3 (Residential Townhouse) zoning district standards are used as a basis for comparison with this proposal. R-3 Bulk Standards - Although the applicant is requesting to rezone the property to PD (Planned Development), the site plan was reviewed utilizing the R-3 (Residential Townhouse) zoning district standards. Setbacks - A 30 foot perimeter setback and a setback of 20 feet between buildings within the development is required in the R-3 zoning district. Since the development abuts an interstate and a B Minor Arterial (Northwood Parkway) the minimum setback from those property lines is 50 feet. The proposal indicates that minimum setbacks between buildings can be satisfied, as well as minimum setbacks from I-35E. However, building setbacks along Sherman Court and Northwood Parkway are not fully sati`sf ed. While deviations can be accommodated through the Planned Development zoning, the acceptability of these setback deviations is a policy matter to be determined by city officials. • The building on Lot 2 is setback 30.4 feet from Northwood Parkway. • The building on Lot 5 is set back 23 feet from Sherman Court. • The building on Lot 6 is set back 21 feet from Sherman Court. In addition, while some of the buildings are shown to meet the minimum setback requirements, the lot lines may not. Therefore, the developer should note that additions or adjustments to the buildings must meet setbacks and cannot extend out to the property line if the required minimum setback is not maintained. / U/ Planning Report - Northwood Pond May 27, 2003 Page 7 The Subdivision Ordinance requires a minimum 25-foot setback for buildings from a private through street and a 20-foot setback for private dead-end streets. The site plan indicates that the front yard setback can be maintained from the internal private streets. Building Coverage - In any residential zoning district, a maximum of 20 percent of the lot can be covered with buildings. The site plan indicates the total building coverage is approximately 16 percent. Lot Area - The Zoning Ordinance requires a minimum of 6,000 square feet of area be provided for each dwelling unit. Based on the net acreage of 5.45 acres, and the 42 units proposed, the site area is 5,652 sq. ft. per unit. Using the gross site acreage of 6.29 acres, the site area is 6,524 sq. ft. per unit. Building Height - Building height is limited to 35 feet. Building height is measured from the average elevation of the highest and lowest points within a five foot distance from the building foundation, to the average height of the highest gable of a pitched roof. The proposed elevation plans indicate the units will be three-stories with gable roofs. The building heights scale at 35 feet. Lots - One lot is proposed for each of the six buildings, and one lot for all the common property. Lots 1-6 are proposed to be just slightly larger than the building footprints. Townhome Association - The applicant should be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Homeowners' Association. The documents should be submitted to and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the Association should be recorded with the subdivision. Noise Abatement - A noise abatement plan is required when a plat abuts a freeway, major arterial or other area that generates high volumes of noise, according to the City's Subdivision Ordinance. Abatement shall be accomplished by the use of berms, vegetation, walls or combination of the three. Such barriers shall be constructed in accordance with PCA standards for the appropriate land use. Since the site abuts Interstate 35E, a noise abatement plan is required. The noise abatement plan should be submitted with the application for Final Subdivision approval. Grading - The preliminary grading plan is acceptable with modifications. The existing site generally slopes toward the existing wetland in the east-central portion of the site with elevations ranging from approximately 898 to 876. Several retaining walls throughout the site are proposed to accommodate the development. Maintenance of these retaining walls should be the responsibility of the development's townhome association. /?o2 Planning Report - Northwood Pond May 27, 2003 Page 8 Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. A majority of the storm water runoff from the development is proposed to drain via public storm sewer to the existing wetland in the center of the site. This wetland will then flow to an existing storm sewer system within Sherman Court, which drains to Pond CP-5 (as identified in the City Storm Water Management Plan - 1990) north of Marice Drive. The developer should construct an outlet structure and pipe from the wetland in accordance with City engineering standards. Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main of sufficient size and capacity are available within Sherman Court and the vacated right-of-way of Marice Drive for connection by the development. The grade elevation over the existing water main is proposed to be lowered with the development. The developer should be responsible for lowering the water main to ensure that there is 7 %z feet of ground cover between the final development grades and the top of the water main, to reduce the possibility of the freezing of the main. Streets/ Access/ Circulation - Street access is proposed from private streets throughout the development with five access points onto Sherman Court and Marice Drive to the west. Sherman Court will intersect with the future construction of Northwood Parkway. The site plan shows three locations for emergency vehicle turnarounds. The City Fire Marshal has reviewed the plans and requires an additional turnaround in the northwest corner of the site where the two guest parking stalls are shown. The application for Final Subdivision and Final Planned Development approval should include this additional emergency vehicle turnaround of design acceptable to the City Fire Marshal. Easements/ Permits/ Right-of-Way - The proposed development is adjacent to I-35E right-of- way. If any development construction or grading activity is to occur within I-35E right-of-way, the developer should be responsible for obtaining the necessary permits to allow for the activity. Wetlands/Water Quality - This proposed townhome development is located in the "C" Watershed, where stormwater will drain westward through a few basins to CP-4, the wetland in front of the Community Center in Central Park. From there, the infrastructure delivers stormwater to the Minnesota River. The developer proposes to meet the City's water quality requirements primarily by directing stormwater runoff to three small treatment ponds that will be constructed adjacent to the wetland in the central portion of the site. The largest pond, at the northeast edge of the wetland, will treat stormwater from 2.6 acres of the site. With 56.3% impervious cover proposed for the development, this pond would need a minimum treatment volume of 0.33 acre-feet covering a minimum surface area of 0.19 acres. The stormwater pond would need to be constructed no deeper than 6 feet and with a 10:1 aquatic bench from the normal water level. The other two ponds, located on the south edge of the wetland, are each adequately sized to handle stormwater from a small drainage area. Stormwater from 1.95 acres of the parcel is proposed to drain off the site, requiring a dedication of cash in lieu of ponding. Q~ Planning Report - Northwood Pond May 27, 2003 Page 9 There is one wetland on this parcel. Under the classification system of the Fish and Wildlife Service, it is a Type 2 wetland, which is an inland fresh meadow in which soil usually is without standing water during most of the growing season but is waterlogged within at least a few inches of the surface. Dominant vegetation often consists of reed canary grass, sedge, and sandbar willow. The wetland is under the jurisdiction of the Minnesota Wetland Conservation Act (WCA), which is administered locally by the City. Any proposals to drain or fill these types of wetlands need to meet the provisions of this law. It is highly improbable that federal jurisdiction via Section 404 of the Clean Water Act applies to impacts to this wetland because it is isolated from federal navigable waters. The developer proposes 1,924 square feet of fill impact to the wetland. However, WCA rules allow up to 2,000 square feet of such impact to these types of wetlands without requiring a replacement plan. This is a so-called de minimis exemption. According to appropriate procedures, the developer has applied to the City to be certified for this exemption. The de minimus exception for the proposed impacts to the wetland shall be certified prior to final subdivision approval. It is noteworthy that a 30-foot buffer strip around the wetland is not proposed to be part of this development. This appears to be the case because of dimensional (geographic) limitations of the parcel relative to the location of Sherman Court west of the wetland and the entrance road north of the wetland. Tree Preservation - A tree inventory submitted with this application indicates that there are one- hundred sixty-three (163) significant trees in the inventory. Individual tree size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Cottonwood 14" 12"-20" 129 79% Box elder 14" 12'-16" 17 10% Oak 22" 1091-24" 10 8% The balance of the tree inventory is comprised of pine trees (averaging 10" in diameter) and willow trees (averaging 20" in diameter). The development as proposed will result in the removal of one-hundred forty-five (145) significant trees (89 % of the total). The plan submitted by the applicant indicates that 127 significant trees will be removed. However, through staff analysis of the tree inventory and proposed grading plan an additional 18 trees have been classified as being removed because they are either completely within areas to be graded or have grading occurring with the trees critical root zone. Planning Report - Northwood Pond May 27, 2003 Page 10 According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal more than the allowable amount, there will be required tree mitigation for this proposal. This required tree mitigation calculates to sixty- eight (68) Category A trees, or one-hundred thirty-six (136) Category B trees, or two-hundred seventy-two (272) Category C trees, or an equivalent combination of any Category. The applicant has submitted a Tree Mitigation Plan that shows an incorrect calculation of required tree mitigation. The correct tree mitigation requirement (including the additional 18 trees to be considered as being removed) should be as indicated above. A revised tree mitigation plan should be submitted indicating the correct tree mitigation amounts. Parks and Recreation - This development will be responsible for cash park and trail dedications payable at the time of final plat at the rates then in effect. Preliminary Planned Development: Term - Staff recommends a five-year term for this Preliminary Planned Development. Setbacks - See above evaluation in Preliminary Subdivision section of this report. -Noise Abatement - The City's Subdivision Ordinance requires a noise abatement plan for plats adjacent to freeways or other areas which generate high volumes of noise. In addition, staff suggests that as part of this Planned Development, construction standards similar to those employed in the airport noise policy zones be utilized for these buildings to reduce interior noise levels. Building Elevations - Two types of buildings are proposed, a six-unit and an eight-unit. All of the units appear to be two-bedroom units. Each of the units in the six-unit buildings will have a two-stall tuck-under garage, with a deck extending out over the garage. Steps lead up to the front door of each unit. The lower level consists of the garage and utility room. Sliding doors on the lowest level of the end units exit the side of the building to an 8'x 12' concrete pad. Kitchen, living and dining areas are on the main floor, with access to a deck that extends out above the garage. Bedrooms are on the upper floor. The eight-unit buildings have variation in the roof line, providing for tuck-under garages and three-story interior units and two-story units on the ends. The interior units are designed similar to the six-unit buildings. The end units have no basement. The main entrance at grade level next to the garage, and instead of a deck extending out above the garage, the end units have a patio off the ends of the building. Exterior materials consist of aluminum siding, soffit and fascia, steel garage doors, wood steps and decks, and asphalt shingles. The elevation drawings show shutters for added visual interest. /CJ Planning Report - Northwood Pond May 27, 2003 Page 11 A color palette for building materials was not submitted with the Preliminary PD application, but will be required with the application for Final Planned Development approval. Landscaping - The landscape plan provides a variety of plant materials. Landscape plantings are most concentrated in areas between the buildings and I-35E and Northwood Parkway, with less concentrated massings along Sherman Court. Scattered overstory trees are located within the development along the private streets and in open spaces between buildings. Foundation plantings consists of shrub groupings at building entrances and to screen the air conditioner condenser units. Mitigation plantings are concentrated on the southern portion of the site, and northeast and southeast of the wetland. The Landscape Plan shows groupings of evergreen trees, Redtwigged Dogwood and American Highbush Cranberry shrubs between I-35E and Buildings 2 and 6. While this may provide adequate screening of garages and the driveway areas, staff suggests using fewer shrub materials in these areas and more evergreen trees to provide year around screening, greater density and height over time to more effectively buffer the dwelling units from the interstate. City Code requires automatic irrigation of all landscaped areas. That such irrigation will be provided should be noted on the Final Landscape Plan. In addition, according to the City Forester, the mitigation amounts for tree preservation are insufficient. The Final Landscape Plan should show the correct mitigation amount of the equivalent of 136 category B trees, in addition to the required landscape materials. Recreation Space - City Code requires that recreation space be provided in the amount of 200 square feet for each dwelling unit containing two or fewer bedrooms, and an additional 100 square feet for each dwelling unit containing more than two bedrooms. With 42 two-bedroom units proposed, a total of 8,400 square feet of recreation space is required. The plans do not provide any on-site recreational amenities, and no open space for recreational purposes is identified. The site is not far from Central Park, which is about'/4 mile to the west. Moonshine Park is also nearby, less than %i mile to the north. Access to both of these parks, however, would require residents of this site to cross a major roadway, either Pilot Knob Road or Northwood Parkway. The application for Final Planned Development approval should include designated recreation space of at least 8,400 square feet. Site Lighting - Site lighting appears to be provided primarily by building-mounted fixtures at each garage door. No additional site lighting is shown. A photometric site lighting plan will be required at the time of application for Final Planned Development approval. Adequate lighting of guest parking areas will be required in addition to the proposed building lighting. Planning Report - Northwood Pond May 27, 2003 Page 12 SUMMARY/CONCLUSION The applicant is requesting approval of a Comprehensive Guide Plan Amendment changing the land use designation from Office/Service to Medium Density residential, a Preliminary Planned Development and a Preliminary Subdivision to construct 42 townhome units in six buildings on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E in the SW 1/4 of Section 10. Approval of the Comprehensive Guide Plan Amendment is required prior to approval of the Preliminary Planned Development and Preliminary Subdivision. The proposed Medium Density residential land use on this site is not incompatible with the adjacent uses. However, land uses south of Northwood Parkway were designated commercial in the City's Comprehensive Guide Plan to maintain consistency with the light commercial uses that already exist there office, daycare, restaurant, and assisted living. In addition, the site's proximity to I-35E raises questions of compatibility with the noise levels associated with the volume of traffic on an interstate. The Planned Development zoning is necessary to accommodate the lots without public street frontage, private streets and deviations from bulk standards. The site plan has some deviations to building setbacks, and does not provide for the necessary recreational space. The 30-foot buffer strip around the wetland that is typically required by the City is not proposed to be part of this development because of dimensional (geographic) limitations of the parcel relative to the location of Sherman Court west of the wetland and the entrance road north of the wetland. Also, additional trees must be provided to satisfy the mitigation requirements, and a noise abatement plan must be submitted prior to final Planned Development approval. The proposed Preliminary Subdivision is acceptable. The appropriateness of the proposed Comprehensive Guide Plan Amendment, and Preliminary Planned Development on the subject site are both considered a policy decisions to be determined by the Advisory Planning Commission and City Council. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation within the Special Area from O/S, Office Service to MD, Medium Density, on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E in the SW %4 of Section 10. Planning Report - Northwood Pond May 27, 2003 Page 13 To recommend approval of a Rezoning and Preliminary Planned Development for construction of 42 townhome units in six buildings on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E in the SW 1/4 of Section 10. 1. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Preliminary Planned Development Agreement: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Site Lighting Plan 3. The property shall receive final subdivision/plat approval prior to building permit issuance. 4. The term of this Planned Development shall be five years. 5. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 6. Building setbacks on the perimeter of the site shall not be less than 50 feet from Northwood Parkway and I-35E, 30 feet from Sherman Court, and 30 feet from adjacent property to the south. A minimum of 20 feet shall be maintained between buildings. Deviations to the minimum required setbacks are approved as part of this Planned Development as follows: • The northwest corner of the building on Lot 2 may be set back 30.4 feet from Northwood Parkway. • The building on Lot 5 may be set back 23 feet from Sherman Court. • The building on Lot 6 may set back 21 feet from Sherman Court. 7. Construction standards similar to those employed in the airport noise policy zones shall be utilized for these buildings to reduce interior noise levels. Planning Report - Northwood Pond May 27, 2003 Page 14 8. The final Building Elevation plans shall include exterior materials and colors. 9. The Final Landscape Plan shall be revised to: • Incorporate more evergreen trees between the buildings on Lots 2 and 6 and I-35E to provide year around screening, greater density and.height over time to more effectively buffer the dwelling units from the interstate. • Note that automatic irrigation shall be provided to all landscaped areas. • Show the correct amount of mitigation trees - the equivalent of 136 category B trees - in addition to the required landscape materials. 10. Maintenance of the landscaping and retaining walls shall be the responsibility of the development's townhome association. 11. The Final Site Plan shall show include designated recreation space in the amount required by Code. For 42 two-bedroom units, the minimum amount of recreation space required is 8,400 square feet. 12. Site lighting shall be provided as is necessary for security, safety and traffic circulation. Lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be hooded and directed to deflect light away from adjacent properties. To recommend approval of a Preliminary Subdivision to create seven lots on 6.29 acres located east of Pilot Knob Road at Marice Drive, between Sherman Court and Interstate 35E in the SW %4 of Section 10. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, Bl, B4, Cl, C2, C4, D1, and E1. 2. The property shall be platted. 3. The applicant shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted to and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the Association should be recorded with the subdivision. 4. Since the site abuts Interstate 35E, a noise abatement plan is required. The noise abatement plan shall be submitted with the application fdr Final Subdivision approval. Abatement shall be accomplished by the use of berms, vegetation, walls or a combination of the three. Planning Report - Northwood Pond May 27, 2003 Page 15 5. Maintenance of all retaining walls within the development shall be the responsibility of the development's townhome association. 6. The developer shall construct an outlet structure and pipe system the wetland in accordance with City engineering standards. 7. The application for Final Subdivision shall include emergency vehicle turnarounds of design acceptable to the City Fire Marshal. In particular, an additional turnaround shall be added in the northwest corner of the site. 8. The developer shall be responsible for lowering the water main to ensure that there is 7%2 feet of ground cover between the final development grades and the top of the existing water main within the site. 9. If any development construction or grading activity is to occur within I-35E right-of-way, the developer shall be responsible for obtaining the necessary MN Department of Transportation permits. 10. A storm water treatment pond shall be constructed with a minimum treatment volume of 0.33 acre-feet covering a minimum surface area of 0.19 acres. The pond should have a maximum depth of 6 feet and a 10:1 aquatic bench from the normal water level. 11. A cash dedication in lieu of ponding shall be required for storm water that is proposed to drain off 1.95 acres of the site. 12. This development shall be responsible for cash park and trail dedications payable at the time of final plat at the rates then in effect. 13. The de minimus exception for the proposed impacts to the wetland shall be certified prior to final subdivision approval. 14. The applicant shall be required to submit a revised tree mitigation plan showing the fulfillment tree preservation mitigation requirements through the installation of sixty- eight (68) Category A trees, or one-hundred thirty-six (136) Category B trees, or two- hundred seventy-two (272) Category C trees, or an equivalent combination of any Category. 15. A revised Tree Mitigation/Landscape Plan shall be submitted addressing the following recommendations: • Mitigation/Landscape conifer trees should be relocated away from roads and/or buildings to allow for needed crown width for mature tree growth. • Mitigation deciduous trees (especially willow trees) should be spaced at least 25-30' apart. Willow trees should only be used near wetland/pond areas and not be placed adjacent to roadways. 9te) Planning Report - Northwood Pond May 27, 2003 Page 16 16. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to 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. 17. 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. F / I 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. AII. 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. /90? 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 LTSt15 STANOARO.CON /y FINANCIAL OBLIGATION-Northwood Pond Preliminary Subdivision There are pay-off balances of special assessments totaling $26,841 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for subdivision. 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 Lateral Thse $48.00/L.F. 440L.F. $21,120 Water Lateral Thse 24.25/F.F. 520 F.F. 12,610 Storm Sewer Trunk Thse .11562/Sq Ft 192,103Sq. Ft. 22,211 Total $55,941 Storm Sewer Trunk Assessable area will be reduced provided an easement for storage of storm water is dedicated to the City. r O Eagan Boundary Location Map Street ~Serate►Ilne Part:N Area Buliding Footprint k! P It~~ 11 ill p ~ ~ 4f ES , Y i / *Gq 'a ~ ca ect Site 4~1, Sub' / ESP I MIN e S3 9 a 3 r 1 O° rot n a _ ! ~ ~ 4~~ d d P H rot 1000 0 1000 2000 Feel Development/Developer. Delta Development Application: Comprehensive Guide Plan Amendment; Rezoning and Preliminary PD; Preliminary Subdivision Case No.: 10-CG-04-0403; 10-RZ-06-04-03; 10-PS-08-0 403 Map Prepared using ERSI ArcVlew 3.1. Parcel base map data rovided N by Dakota County Office of GIS and is current as of February 03. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W 6 city of eogan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S - nor rwxoonsihle for errors or omissions. Current Zoning and Comprehensive Guide Plan Northwood Pond Land Use Map Case Nos. 10-CG-040403 10-RZ-06-0403 10-PS-08-04-03 v Zoning Map R•3 R•2 PO R-4 P R-4 Current Zoning: P Location PO PD/GB o Planned Development/General Business a La ca PI RD G PO PO cc AD P PD G PD 5 PO Goo G Goo lace r«e PD Comprehensive Guide Plan MD Land Use Map SA SA SA Location SA Current Land Use Designation: SA SA SA Special Area SA SA SA A SA Goe a too twee r«t A\fzAl -L I farcN twe map an,aU n pre Dakota County Land Survey Dapanraort Sopta-bor 2002. N q Infxmatbrt rWMekw4 by City Stag. City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY P..rn -tW llevelonmenf Department _ _a r...... -..w n-km. Cotrtty do not aunranloo the accuracy of this Information. S kn~ .x w. +,.r,na rw+ two ..y ma-.w nol yw 1 O s vr.aurr m.mav ~Oaw.•w'p0<r g .rwx y + ON/~70~7H wud0&WMnd "-r 1 1►7d .CY a.•o. i. w . 4 r..."r...~ QNQd QOOISIYON yy Q U q !s3 ; I ao r is bbi a t. . D i. y Y! L iff~ , 2C Q T\ I \ i= I fie. 4' y ~•<4ez. v ~ocoi l .nso.oo x ~ Y K x z / -----1 $ - - - - - - - - - - - - - - - - I I I I is I i m I I I • i I i I I I 1 I PRELIM. PLAT 3. efpe MI wet rfl J ~e e0ee-OCe (N) _I ~ ~ OOn~M (ttq .emu saes-ao. h i ++W y~/71'tc'rTii'd R~q n_nn~ '~.~•l R~i6 ~.~•l wY n_.YJ i01[ g sans m.~nvi ° "Oawwn~'r .LVlI►d07ldlQ 117lQ ~ 'N } 3 r~ ws r r^ r ONn70~7H QXOd 900I9IYOX ~ >iaA.Q ee°A -cl: A CO- U.J V 5i;:;sea ia$3 yi l~iy y] ~o`~ 0'Z A Z; li-iZHI Has Q I \ i T\ i I \ I t:: C4 / I~ \ \ A " / j / j ' I / .-...J~ la roe ~ \ \ - L-~-- ____________s=L_=___a___,_~______ f I I x n \ -r' I I •K ~ _ I I I n~ a l _ I - ~ I j ~ m I I I I I I I PRELIM. SITE PLAN mm- Iwo ++n Ulm .rq UM .•Iq wi V mz Y .r~O IDR araur~ aim~ss srwfr bflJ►d zdzg 1ZTIQ I q QNOd QOOr&Z80N 9 y.yysi ~'e~FS y L~ ~sspp Tl ~'7 IX2 4~ ` cr, s i. e 1 is ee r I I v ce- Or = WLL j 41; 14 hiii I i$ $ 1 6ES~ 1°~ r 1 Fn .1n 4 1\I tr: 17 I!, Q - - - - - - - - - - - - 1 11 PRELIM. GRADING PLAN M-TrR /77 ' at<.l M h. arMl a s.'w ,ewKer I~..1 4 v N ao.-M <lsrl .+r a,rb. I w W Rlp wwr `Wl Ulm .l... S _ r.lau`c'/..da v m.r r lNlAdO7JA" I,MlO j r a ~ : y. 0/I// 7M aN aoorAaiaroK : a t 4 N lM ~Illr 3B L gang ;;7. ---r {Q R_ Q 0 ~ ~ ? R 3 yN'2 ~ i ~ y ° YTY. 2 IL !J gals Ujo t I t y s j Jx IN is 4 v v I I I I i tae Y f:lj>Edr3ii:td:jull~N _ , R Z 0 d \ d 1"' I i' 3 I I1 c i \ i /M 1 I `I ` --------r-- -r 4 , n a g-- i-= s s i ~ I nWO n - ~ I I I l u i ~ ` I I 1 I ~I• I ~ I I I t _ I I TILITY PLAN PRELIM. U rn. w ,.rr+ a y.rr a oe1.-.c• h•U ~r ~ A.q w•~rw '~•4} ]y~ § _ LV7XdOTlAlO ►i1IR ~ Iq w • a ONn79 7. M -IYOLNldNI l,►YI✓SNOIifONOJ 9N/iSlZt C R ~...w' r w .w".. CAW QOOAH"ON 1 y ~ ~~x * q fY°i O a 8 glG GG Vhy6 2 ~A 03 C xs_ A^ 0. ~ JCI In O O K it I •12 k i WO' j a. 2.I to P i 1 I I` j CL2'; O V y ag V ~ 111111 0. A O i ~ I I I I s~ spa 4 YY v I / Al fe % % / c/ /~_a 1 II i'Ix) 1 i , ~ 1 ; "'i / l f 1 - Iwo ss 4n 5 a A 4 113~~~ • -A° i } t n_ a a;A_A ^ae A 8^Z ~y,1;9i M ?:ii a ? 1 3si .al f ;1 1_I n mI EXISTING CONDITIONS/TREE INVENTORY _ .W •0 W~ YYY ~•V r•~J tOK - 3 _ _ srn.•i a.aav 1NLfdO71"q I,LTYO I tp E _ N17d HOIl►"JfifX 7IYl + YXONdnSQNTl ~ ONOd QOOIB.L ro !333333!":=:=:= 333 fi - Q ~ i ~ 333• ""~.."__assssss ~ .rye ~ i } A O C d IE~, ' ` I I` Q~ iZ ZY $ 1y t i : 4 jittp; 1111 ai 441 71s : LIO t t j11 j 1# *O~®®04®OOO.a~t..e d el ~3:i3i ~ 5:iaaaye.3~:3sas»~ y = -'3it j it 11 x is < a A Yri~i IrQrr'r►''7t"ii6 nsI Imo' i tit Yeti < _ s ~ ~ ~~i9~9A34Ai1Bg ~36919A~1AA933@Sl)i46Dt63666f634D9 A~ e...e~...r.~.m+ewe ee.rrww a saa`ssassassassasssssasassssssassasssasassssssssas A \ s y .V .r Illjr°k M lw~ I Lr. I / • - - - - - - - - - - - - - - - - 1 I I s a I I I II ~ tl; i I ~ I II :R 9 i I I I F. PRELIM. LANDSCAPE & TREE MITIGATION PLAN 4 ~~1 I f 1 f I 1 moo- c { z r3 FE I c ~ I~ c r • ~ 5 y ~ iT--~- ~ r11 ~Iti ~ S r ~ Q ~ I I y n r j c z m 4`• ~ ~ ~ is 1 „ 3 .t. i*.-.... : M119~PflUL ~w:.. " Ji~.UNIC.R°HT"C`l e c ~ DELTA DEVELOPMENT INC. \ 6 UNIT BUILDING I ate' ELEVATIONS (6-UNIT) ~Z, I 11 I , I. C ~ I ' ~j;)il 1 i j ii •'i'il 111 i -A - frit' I !!I I c:mm!T_7 I F ~ 44 _U44 - i, c j c C i ~ I S a 'C $c~ U I^ _ I I I C J vi 3 9 1 ~c ELEVATIONS (8-UNIT) p(~JL EAi~ f DELTA DEVELOPEMENTINC. -+1 ~p to !BOULDER POND m u N a 8 c+ Nf 8-UNIT BUILDING n. •+q .o w .eot ser 1 WO 1NIRdOTf/fO YJ w = w ON1270MH ` w. Jr Yd COOO'. "OAF HER 44 A~ S: p E~:: t; 2z 3 O w o J{ aZ ;i '•.Lr L Ehsr~ F g iR!loft Wi is! I 0 N Am \ CIS 3 2 \T~ p mm v) aW 2 PO - - - - - - - - - - - - - - - - - - - i I I r I I I I I I I I I I i I David W. Thompson The Commons, #459 1380 Marice Drive Eagan, MN 55121 May 27,2003 T0: Pam Dudziak, Project Planner, Eagan Planning Department RE: Northwood Pond proposal, # 10-CG-04-04-03 Just a reminder that on May 19, when you kindly showed me the plans for this proposal, I asked about any likely traffic overload on Sherman Court. You made a note to ask your Engineer- ing Department about.that. I assume the following might be contributing factors: 1. The loading dock of The Commons is directly across Sherman Court from the center driveway in the proposal. Large trucks backed up to our dock (food delivery and moving vans) stick out to the middle of Sherman Court. 2. In addition to future car traffic on Sherman Court from the 42 proposed townhomes, we now have 30 residents' cars in our garage, plus over 30 cars of our workers in the small lot on the south side of our building. Then, in the large lot next door to the south, there are over 60 cars of workers in the building housing labs of Cereal Chemists and Plant Pathologists. I hope this gives a fuller picture for your engineers to consider. Thank you for your help. 11M~% David W.Thompson Traffic Volunteer, Commons on Marice 066 rec~uved 5~~, °3 DELTA June 2, 2003 Ms. Pam Dudziak City Planner City of Eagan 3830 Pilot Knob Road Eagan, MLNV 55122 Re: Northwood Pond Dear Pam, Please consider this our request to indefinitely table the request for subdivision of Northwood Pond. The application for Comprehensive Plan Amendment and rezoning to Planned Development should remain active. Should the City Council approve the applications, and require that a new plat be filed, it could be done without a new application, as the plat application will still be on hold. While it is not legally required to replat the property since no building will be across any lot line that already exits, it may be that the Council will require it as a housekeeping measure. Please call me if you have any questions. Sincerely, dark Parra 'to Vice President a~ REAL ESTATE DEVELOPMENT BUILDING 651 454 1600 FAX 651 454 8943 3902 CEDARVALE DRIVE EAGAN, MN 55122 AGENDA CITY OF EAGAN SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JUNE 17, 2003 A. CALL TO ORDER B. ADOPT AGENDA C. RESOLUTION APPROVING MINUTES P G~ A. Regular EDA Meeting of June 3, 2003 D. NEW BUSINESS ~a I r A. Resolution Approving Purchase Agreement - 3996 and 4000 Cedar Grove Parkway (Kopacek Property-Delta Development) E. ADJOURNMENT EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE JUNE 3, 2003 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the June 3, 2003 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 17th day of June, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 3, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 3, 2003 at 9:30 p.m. at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, Maguire and Tilley. Also present were Executive Director Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Assistant to Administrator Dianne Lord. ADOPT AGENDA Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVAL OF MINUTES Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve the resolution approving the minutes of the May 6, 2003 Economic Development Authority meeting. Aye: 5 Nay: 0 SCHEDULE SPECIAL MEETING Commissioner Tilley moved, Commissioner Fields seconded a motion to schedule a special meeting of the EDA for June 17, 2003. ADJOURNMENT The meeting adjourned at 9:35 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. Agenda Information Memo June 17, 2003 Eagan Economic Development Authority Special Meeting D. NEW BUSINESS A. RESOLUTION APPROVING PURCHASE AGREEMENT - 3996 AND 4000 CEDAR GROVE PARKWAY (KOPACEK-DELTA DEVELOPMENT) ACTION TO BE CONSIDERED: To adopt a resolution approving a purchase agreement with Gordon Joseph Kopacek and Alice Barbara Kopacek for the real estate at 3996 and 4000 Cedar Grove Parkway in the Delta Development project area of the Cedar Grove Redevelopment District. FACTS: • The Eagan City Council and the Eagan Economic Development Authority approved a development agreement with Delta Development for 230 units of town-homes and village-homes in the Cedar Grove Tax Increment Financing (TIF) Redevelopment District #1. Per the terms of the agreement, the EDA agrees to acquire property from willing sellers in advance of development within the Delta project area. • The property owners, Gordon Joseph Kopacek and Alice Barbara Kopacek, have agreed to an acquisition price of $346,000 including business relocation. The price was established through the analysis of comparable properties. The comparative analysis was performed by the City's acquisition/relocation consultant, Dan Wilson of Wilson Development Services. • The developer has agreed to reimburse the City for the land at the time of transfer and will also pay for the demolition of existing structures. • The property is located in Phase III of the Delta project area and is not likely to see work commence until late 2005. ATTACHMENT: • The resolution is attached on pager • • The purchase agreement as presented to the Kopaceks' is attached on pages through a9. In the event the purchase agreement is not signed in substantially this form by Tuesday, the EDA meeting will be cancelled and approval action scheduled for a subsequent meeting. EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING A PURCHASE AGREEMENT WITH GORDON JOSEPH KOPACEK AND ALICE BARBARA KOPACEK FOR THE REAL ESTATE AT 3996 AND 4000 CEDAR GROVE PARKWAY IN THE DELTA DEVELOPMENT PROJECT AREA OF THE CEDAR GROVE REDEVELOPMENT DISTRICT BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement with Gordon Joseph Kopacek and Alice Barbara Kopacek for the real estate at 3996 and 4000 Cedar Grove Parkway in the Delta Development project area of the Cedar Grove TIF District No. 1. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 17th day of June, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director C) PURCHASE AGREEMENT The undersigned, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, hereinafter referred to as "Buyer", hereby agrees to purchase from GORDON JOSEPH KOPACEK and ALICE BARBARA KOPACEK, husband and wife, hereinafter referred to as "Sellers", interest in real estate located at 3996 Cedar Grove Parkway and 4000 Cedar Grove Parkway, Eagan, Minnesota, and legally described as follows: That part of the NE '/4 of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said NE 1/4, said point being 998.13 feet East of the center of said Section 19, thence Northwesterly at an angle of 55°34' to said 1/4 line 558.58 feet to the center of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 130 feet, thence Southeasterly and parallel with the first described line to a point on the South line of said NE 1/4, said point being 156.7 feet East of the point of beginning, thence 156.7 feet West to the point of beginning. (the "Real Property"), upon the terms and conditions hereinafter set forth: 1. Personal Property Included in Sale. The following items of personal property and fixtures owned by Sellers and currently located on the Real Property, if any, ("Personal Property") are included in the sale: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtains-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 and security systems. The Real Property and Personal Property together constitute the entire property contemplated by this transaction ("Property"). Prior to vacating the Property, Sellers shall remove all items of Personal Property not included in the sale. Sellers shall also remove all hazardous materials, including but not limited C 8 to, all tires, cars/truck bodies, batteries, chemicals, concrete test cylinders, etc. prior to vacating the Property. 2. Purchase Price. The purchase price for the Property shall be Three Hundred Five Thousand and No/100 Dollars ($305,000.00). In addition to the purchase price, Sellers shall receive relocation benefits totaling Forty-One Thousand and no/100 Dollars ($41,000.00), as itemized in Exhibit "A" attached hereto. This amount is agreed to be full satisfaction of any and all claims for benefits, which may be available to Sellers pursuant to MINN. STAT. § 117.52 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations pursuant thereto. The relocation benefits shall be offset by any amount Sellers owe to Buyer under this Purchase Agreement, including, but not limited to, unpaid utility, maintenance and repair costs incurred prior to transfer of possession to Buyer; and costs and expenses related to any damage to the Property prior to transfer of possession to Buyer or any salvage of the Property except as provided in the Purchase Agreement. The net relocation benefits shall be paid directly to Sellers within sixty (60) days after the date of closing. 3. Payment of Purchase Price. The purchase price shall be paid in cash or certified funds on or before the date of closing. 4. Title and Remedies. The Sellers shall, within a reasonable time after execution of this 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, Sellers 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 writing or deemed to be waived. If any objections are so made, the Sellers shall be 2 al 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 parry. 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 Buyer shall default in any of the agreements and continue in default for a period of 10 days after written notice to Buyer, then Sellers may terminate this Agreement and on such termination all the payments made upon this Agreement shall be retained by Sellers and by their agent, if any, as their respective interests may appear, as liquidated damages, time being of the essence hereof. 5. Right-of-Entry. Buyer may enter upon the Real Property for the purposes of making soil tests and/or any other tests contemplated by its proposed use of the Real Property. 6. Real Estate Taxes. Real Estate taxes due and payable in all years prior to the year of closing shall be Sellers' responsibility. Real estate taxes due and payable in the year of closing and in subsequent years shall be Buyer's responsibility. 7. Special Assessments and Development Charges. Sellers shall be responsible and shall pay at closing any special assessments levied as of the date of this Agreement. 8. Contingencies. This Purchase Agreement shall be contingent upon the approval of this Purchase Agreement by the Eagan Economic Development Authority and the results of any environmental tests to be conducted by Buyer before closing, including but not limited to, a Phase I environmental study. If Buyer in its sole discretion is not satisfied with the results of 3 afs such environmental tests, Buyer shall give notice to Sellers and this Purchase Agreement shall become null and void. 9. Closing. The closing shall take place within 60 days after execution of the Purchase Agreement by Buyer, at the offices of Severson, Sheldon, Dougherty & Molenda, P.A.; 7300 West 147`h Street, Suite 600; Apple Valley, Minnesota 55124, or at another location mutually agreed upon by the parties. 10. Obligation of Parties at Closing. The Sellers and Buyer shall do the following at the closing: A. Sellers 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, and state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; and (C) Reservation of any mineral rights by the State of Minnesota. B. Buyer shall: i. make the necessary payments as required under Article 2. C. Each party shall execute such other instruments, certificates and affidavits, as the other party's attorney reasonably may request. D. Sellers shall be responsible for abstracting fees charged by any title company. Buyer shall be responsible for all other costs charged by any title company, including any payment of state deed tax, closing fees and courier fees. 11. Real Estate/Brokerage. Sellers shall be responsible for any real estate or brokerage commission that is payable in connection with the sale of the Property. 4 a 12. 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 Sellers: Gordon Joseph Kopacek Alice Barbara Kopacek To the Buyer: Eagan Economic Development Authority Attn: Thomas Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 13. Headings. The headings contained herein are for the purpose of convenience only and are not intended to.define or limit the contents of the sections or paragraphs. 14. Salvage. Sellers shall have the right to salvage any and all personal property and fixtures prior to closing, provided, however, that the items removed by Sellers must not limit or in any other way affect Buyer's right to secure the Property. 15. Governing Law. This Agreement shall be deemed to be a contract under the laws of the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 16. Heirs, Successors and Assigns. The terms, conditions and covenants contained in this Purchase Agreement shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 17. Possession. Sellers shall deliver possession of the Property, in "broom clean" 5 C~ condition on the date of closing. All utility charges shall be prorated to the Parties as of the date of closing. 18. 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 Sellers and Buyer and neither party shall have the right of specific performance. 19. Well Disclosure/Sewer Septic Disclosure. Sellers certify that there are two working wells on the Property and three working septic systems. Sellers shall provide a well disclosure certificate at closing. 20. Property Purchase "AS IS". Buyer acknowledges that the Property is being purchased "AS IS" and with all faults. 21. Destruction of Buildings. Buyer acknowledges the Property is being purchased for redevelopment and that the sale shall proceed despite damage or destruction of buildings, if any. 22. Simon. Sellers may erect a sign on the Property to notify customers of their new address subject to prior approval of the aesthetics of the sign by the City in its sole discretion. Sellers shall remove the sign no later than six months after closing, or immediately if requested by the City in connection with reconveyance of the Property. Pursuant to the City Code, the size of the sign shall not exceed 16 square feet. The Sellers agree to indemnify and hold harmless the City and its employees, officers, subcontractors, agents or other members of its work force, each 6 C / of the foregoing referred to as "indemnified party," against all actual and direct losses suffered by the indemnified party and all liability to third parties arising from or in connection with any breach of this paragraph or from any negligence or wrongful acts or omissions by the Sellers or their agents in connection with the Sellers' performance under this paragraph. Accordingly, on demand, the Sellers agree to reimburse the indemnified party from any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorney's fees), which may for any reason be imposed upon any indemnified party by reason of any suit, claim, action, proceeding or demand by any third party that results from the Sellers' breach of any provision of this paragraph or from any negligence or wrongful acts or omissions by the Sellers or their agents in connection with their performance under this paragraph. IN WITNESS WHEREOF the parties have executed this Purchase Agreement this day of , 2003. SELLERS: BUYER: EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Gordon Joseph Kopacek Pat Geagan Its: President By: Alice Barbara Kopacek Thomas Hedges Its: Executive Director 7 ■ g Business News Second nuarter= Vol.3 No.7 Journal of the Eagan Business Community Table Minnesota Expands Conceal and Carry New Gun Law Content Impacts Business _ A change to the state's handgun permit law has Fire extinguisher generated lots of discussion among Eagan businesses, training says Eagan Police Chief Kent ' Q Therkelsen. The Minnesota Citizens' • • • Chamber awards Personal Protection Act of • two Eagan 2003, or the `conceal-and- carry' law, went into effect businesses on May 28 and now requires © county sheriffs to issue handgun carry permits to any applicants who meet Sunny meeting state qualifications. stating "[business name] BANS GUNS IN THESE PREMISES." Eagan printers are place at "The state law has changed, but the issue is aware of these requirements and can help the same," he says. "There is always potential businesses create the right kind of signs. Moonshine Retreat for violence - either with a member of the g The sign must be 4 feet from the door and 4 0 public or an employee. Those problems don't feet off the ground. • always stop at the door." The chief advises every business to plan, discuss scenarios Inform: Tell every individual entering the One Stop Recycling and be prepared for individuals carrying site that handguns are banned. If they won't • © handguns, legally or illegally comply, call police. • Businesses can restrict Restricting employees from carrying hand- s CJDI! handguns as follows: guns: You can establish a policy to prohibit employees from bringing handguns on site Banning guns or during work duties, with sanctions for • 3 on site: There are violating the policy, including termination. • 'i two ways businesses • e , must notify customers Restrictions on businesses: A business can't d• or vendors. Prohibit anyone from carrying a permitted ~ ~ dgun • i' :Fns Signage: At each handgun in a parking area. ~ o3'is entrance, post an Landlords can't restrict tenants from having • c iiis 11-by-17inch sign, permitted handguns. m04 with 1 12 inch all, high letters in Arial Because the law involves potential liability ' + k ] ~ ri font, on bright issues, businesses seeking further information H l nd contrast background, should consult with their attorney. manic 2 1718 • Page 0 de Call Plans and Permits for a Business Sign Replacing a winter-worn business sign with a new one? Sign permits are up Perhaps you want to plaster your company logo across your office building? Maybe it's a signal that the economy is picking Before you remodel or head to the sign up. Sign permits filed with the City of Eagan have df store, check with City of Eagan Code Enforcement for complying with sign steadily increased over the past two years. codes. Planning ahead will save time, effort aria covers the has cs Remember. all signs need permits, even replacement and cost. includiM, hands-ontraimng of old signs. Call 651-675-5690. putting out a fire. Fire Purpose of sign codes: Inspector Chris Grubb "The City's goal in setting parameters for says most people he commercial signs is to serve the best Sign Permits Yearly Summary trains have never used a interests of the entire community," says fire extinguisher. Mary Granley, code enforcement technician. 200 And remember, call 9-1-1 Sign codes differ from city to city, so a first If the fire is small, business that used a portable sign with try the fire extinguisher. If flashing neon lights to advertise in one 150 that doesn't work, get out area of the Twin Cities may not be allowed For more information, to use that sign in Eagan. can 651-675-5900. Three primary intents of 100° Eagan's sign code: T Eagan Business News • Safety 50 = si 3830 Pilot Knob Road • Esthetics ` xrt-tom'' Eagan, MN 55122 • Fairness First step: Obtain a Permit 1998 2001 2002 Publisher: The first step to installing a sign is to obtain City of Eagan a permit. Every commercial sign requires a permit, with a fee of $2.50 per square foot Editor: of sign. Some signs are not permitted at all. Early last Maureen Schriner Granle says her office will work with the business y year, the City did a "clean sweep" effort focused or their sign contractor. "We will go over design on illegally posted signs on utility poles, with Designer: requirements the customer is looking for, and pitches for a variety of products and services. Lisa Lehrer determine whether that fits with the code." The City asked the businesses to stop their postings, and they responded. Editorial advisory board: Follow the Plan The sign code is on the City's Web site: City of Eagan staff and Once you have a permit, follow the approved v,~,v,.cityofeagan.com/FAQ/citycodes.htm plan. One business located its pylon sign too executives from Eagan division close to a neighbor's property and was required Click on `frames' and search for ordinance 4.20. of Northern Dakota County to move it - a costly error. Chambers of Commerce For more information, call 651-675-5690. Page 0 Second Quarter 2003/Eagan Business News ess in Our Neighborhoods A truckload of 2003 Business generosity from Excellence Awards Delta Dental Plan Two Eagan businesses were among six firms to receive 2003 Business Excellence Awards by the of Minnesota Northern Dakota County Chambers of Commerce at a May 20 ceremony. www.deltadental=.org 3560 Delta Dental Drive, Eagan Emerging Business of the Year ; f Eagan-based employees: 400 Lancet Software Develo ment" P fa`ipr er}i erns; frnrg 2915 Waters Road, Suite 100, Eagan What: In response to media stories about the the 3os;. Vs GOs and www.lancet-software.com urgent need to replenish food shelves on the '7os, with decorations, Iron Range, employees at Delta Dental's Eagan Employees: 17 `entertainmenfand food headquarters organized a food drive that to match the decade brought in over 10,000 pounds of food and Founded in 1997, Lancet is a consultant-owned more than $10,000 in cash donations during software development firm that helps clients Join a planning one week this spring. solve business problems with sophisticated, committee. "We're custom, Web-based solutions. The company looking at having a "We were overwhelmed by the generous support takes pride in low turnover, retaining employees comedian, palm reader, of both the general public and our employees in through an open and inviting work environment. help~ make this a very successful food drive," psychic; live much more," mg Employees contribute to the community through says Michael F. Walsh, president and CEO of a variety of volunteer activities and donated merit and much more," Delta Dental Plan of Minnesota. resources. In accepting the award, Tom Niccum, says Mike Ferber, Lancet president and co-founder, said the foundation chair. founders' goal was to have a fun place to go to ° work on Monday mornings. Non-Profit Business of the Year Join the fun. Southwest Area YMCA Tickets are $50 each. 550 Opperman Drive, Eagan Funds raised supportthe r?'* Employees: 70 full -time, 200 to 350 part-time Leadership Development, f Workforce Education and www.ymcatwincities.org Business Resource In the past 5 years, the Southwest Area YMCA Development initiatives. has grown membership to over 14,000, For more information, - - - increased revenues by 62%, and added extensive contact NDC Chambers ' expansions to the facility for child care, a teen - - - of Commerce 3~46~ , center and other programs. With its expanded staff, the YMCA is now among the top vwvw.ndcchambers.com Aemployers in the City. Tim Staley, Southwest 651-452-9872. Area YMCA district vice president, noted that the Ann Johnson, Delta Dental Plan of Minnesota community YMCA touches almost everyone in the community affairs director, joins Teamster Local 120 driver Jack Perron through the YMCAs programs and facilities. inside the truckload of donations headed for Iron Range food shelves. Second Quarter 2003/Eagan Business News Page© Around Town Meet Lakeside at the Moonshine _ a Retreat Center Businesses seeking a meeting place with a lakeside view can take advantage of the City of Eagan's new meeting facility. Moonshine Park Retreat Center is located on LeMay Lake. The Center is located just down the road from the City's new Community Center. Take Pilot lthe Knob Road north of Yankee Doodle and turn .'Brea ask ~ 07 east onto Jurdy Road. Y m 7t»i's T~l#~t a ac: 4 ` j The Center, once a privately owned k . home, was acquired by the City and Moonshine Ot11£uents recently remodeled into a meeting Retreat of Note.; = location for groups of 20 or less. The Center space includes a kitchenette and can Business After Hours accommodate catered meals. NDC Chamber La Fonda The Center offers a reflective setting, 3655 Sibley Memorial Hwy ideal for off-site meetings or planning r Thursday, June 19 sessions. Rental rates, for Eagan 4:30-6:30 p.m. residents, range from $70 for a 4-hour day to $200 for the entire day. Call 651-675-5505 NDC Chambers for more information or reservations. Annual Golf Tournament Mendakota Country Club City Hiring Community Monday, June 23 Continental breakfast Make Way for Mesaba Development Director 7:15 a.m. Shotgun start 8 a.m. Mesaba, an affiliate airline of Northwest Airlines, The City of Eagan is in the process of hiring a Eagan Rotary Band Shell is moving its general offices, along with 150 community development director to help guide the Grand Opening employees, to Eagan. City in economic development. Earlier this year, Wednesday, Sept. 17 after Assistant City Administrator Jamie The company will relocate this November from Verbrugge left, the City Council chose to refocus 1501 Central Parkway its current MSP Airport office site to a 33,000- the position on community development. Eagan Community Center square foot space adjacent to the Pam Am Grand Opening International Flight Academy in the Spectrum "As Eagan reaches capacity in new land developments Saturday, Sept. 27 Commerce Center, just off of Highway 55 on and as existing developments age, we anticipate 1501 Central Parkway Blue Gentian Road. increasing need for expertise in redevelopment," says City Administrator Tom Hedges. More info: Mesaba spokesperson Dave Jackson says the www.cityofeagan.com company's existing office is in the path of the Completing redevelopment of the Cedar Grove 651-675-5000 new North-South runway proposed by the area on the northwest side of Eagan will be one www.ndcchambers.com Metropolitan Airports Commission. of the first projects for the new director to manage. 651-452-9872 Mesaba's airline hangar will also be relocated, to The City received 45 applications. The Council a new site on the west side of the MSP Airport. hopes to name a new director by the end of June. Page0 Second Quarter 2003/Eagan Business News gan Business Scene Recycling Business Pursues One-Stop Concept Partnering with County to Draw In Consumers How do you persuade homeowners to make a Resource now processes 40,000 batteries a day trip to a recycling center and pay money to get rid of an old computer or N? Make it easy. The company has gradually added new products Profiled here is one Eagan-based company that to recycle. 'We've had success surrounding ourselves partners with overnment for consumer and with `like type' recycling, such as household f environmenta gfriendly recycling services. hazardous waste, plastics, and now electronics. It's all part of our growth strategy to make a one-stop recycling center," Tapper says. `7he budding; ai 1000 Blue. 'Gopher Resource Gent a aRoadonfjwy55, One Stop: Even with the fee to recycle electronics, features 300,000 square wwwgopherresource.com Tapper says, "We've already received more feet of office space and Founded: 1946 electronic material than we anticipated. It's been 2,000 covered parking very well received." Where: 3385 S. Hwy 149, Eagan stalls. Spectrum The key is making it easy, one place residents go Development Group. Gopher Resource is completing a three-year to dispose of recyclables, from aluminum cans disassembled a rental expansion to handle greater number and variety they get paid for, to hazardous waste the Eco-Site car garage from the MSP of recyclable products. The company, which accepts for free, to paying to dispose of electronics. Airport and reused the operates the Dakota County Eco-Site in partnership "If residents are given a convenient alternative to concrete in the Center with the county, has begun recycling electronic throwing it in the garbage, they'll do it," says Tapper. devices for residents for a fee. The innovative construction won the The Eco Site is for residents,only Expanding Around the Core: Recycling lead-based x 's Best of Real Estate- B~sings~ps spa E;; s~ca~ Contact. batteries remains the core business, says General az ,t Industrial Award from John Tapper. Gopher Maetials Processlrlg Corporafi „ n an fi51 681=6099. Manager Jo PPer. BY automating, Minneapolis-St. Paul Business Journal last year. iiidl +il` 1 Company president Rick i p► -f j Morphew says it may be h `i! x4> " Iiii i the largest structure in II! J the U.S. made almost entirely of recycled material. All that concrete blocks out airport noise too. i~ The building continues to Y add tenants, such as ' Pan Am and Mesaba, that serve the airport industry. The Dakota County Eco-Site is becoming an Eco Yard. Through a grant to the Southwest Area YMCA Earth Services Corps, in partnership with Dakota County and Gopher Resource, local high school students are working with the county's master gardener to demonstrate more environmentally friendly ways of planting and maintaining a yard, and disposing of yard waste. Second Quarter 2003/Eagan Business News Page _o date: Police Department Commercial Security assessment Burglaries Potential lasses to consider: and • Replacing a damaged door or other property Security Measures • Increased insurance rates • Proprietary information stored on a stolen Businesses should review their security computer measures in light of an increase in Security measures to consider: commercial burglaries in Eagan and the increasing sophistication of • Security system with battery back-up to the burglars. keep alarms functioning even if e aesitie 1~~ , phone lines are cut Burglars are thwarting security alarm • Motion detectors repreS n a~signi~ic;ant e systems by cutting phone lines, breaking • Card readers rather than keys nvestment m`Thoinson's through sheetrock walls shared by • Digital security cameras Minnesota operations adjacent businesses, or swiping (rather than video) and~affirms its property before police respond to an • Agreement for security commitment to Eagan. alarm, according to Eagan Police company to call police Detective Brian Gunderson. within 10 minutes of With 6,000 Eagan-based receiving an alarm employees, Thomson is Any business is a potential target, particularly gT an CiWs largest employee for theft of electronic devices. Gunderson Larry Lundberg of TransAlarm, a advises businesses to assess the full cost of Northern Dakota County Chamber a potential burglary, and invest in security member, says businesses may not realize the measures that balance with those possible losses. options and range of security systems. He estimates Share Your the cost range from $500 to $25,000, depending on News! ulnp trie ata at business locaUOns the business'size and needs. Check with local security companies for estimates ebn®cityofeagan.com r tLL, or contact the Eagan Crime Prevention Officer at 651-675-5700. or 651-675-5004 I I I i ZZ155 NW'ue6e3 peoU qou)l 10M 0£8£ NW'lmd 1S SMaN Ssau!sn81 unx"?n9 Z£LL# 1! WJad 0lVd 86e1s0d S0 UDGDD iO 4112 piS :PsJd i AMM. Bill Tracking Report Page 1 of 38 AMM Bill Tracking kon WA Report ASSOCIATION OF Friday, June 13, 2003 METROPOLITAN MUNICIPALITIES Index Municipal General Housing & Metropolitan Transportation Revenue & F Legislation Economic Agencies Taxation Development - - - • IA_Omnibus • 2A Public • 3A City Role in • 4A • 5A Omnibus Tax Bill E►njlyees Housing Metropolitan Transportation Pay-Freeze Council Funding Bill • IA Charter • 313 Qy Role in Override to • 2A-DUI Lifecvcle and • 4C • 5-5-R ional Levy Back Alcohol a) .0$ Affordable Metropolitan Transit System for Lost State Housing Council Aids Fixed, - • 2A Mandates • 5D Staggered & Local • 3E Valuation of Transportation • 1C. Sales Tax Authority Class 4d Terms Utility Fee on Local Property Government • 4E Regional • 2A Fee • 5H Airport Purchases Systems - Reporting • 3G I~conomic Noise Development Mitigation • I E Fiscal Responsibilities • 4F Review of • 2A Pay E uit pisparity Local Re ortin g • 5I Cities Under Fund -fi Comprehensive Requirement 3H Tax 1.000 Distribution - Plans Increment Population 2A Pay F, uit Financing 7 'CIF • 1 G C • ity Fees • 4M Funding Com liance Regional Parks • 5J County State Monitoring • 3J Authorityto- & Aid Highwa • 111 Property Issue Capital __O- pen SRace (CSAH) Taxes Improve - ment Distribution • & Mandates Bonds • 47., Omnibus Formula & Local Metropolitan 1 [Limited Authority Council Bill Market • SZ Northstar Value Corridor • 2A Pav Equity • 4Z Met Council Reporting Use of Eminent • 1_I_Market • SZ_Regional Value Freeze Domain - Local Rail • 2A Public Approval for Senior _ Authorities Citizens Employee ag _ Freeze - • 4Z #2 Metropo Market litan • 5Z Wetland • l I Limited Council Levv Replacement • 2A Mandates Author Value ity http://www.Inmc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 2 of 38 • 1 L_ Aggregate &_Loca1 * 5Z General Mining Fee Authority Transportation Issues • 1Z Tax Free • 2A Public Zones Employee • 5Z Wage Freeze Streamlin' Ing Environmental • 1Z This Old • 2C 911 Review House Telephone Tax • 5Z Wetland • _1'T.Truth-in- Replacement Taxation . 2D 800 MHz Requirements Radio System • lZ Truth In Taxation . 2E Permit Approval: • 1L This Old Zoning/Denial House Findings • l_Z • 2F PERA OD_t- Certificates in for tty of Managers Indebtedness - 10 Year term • ?G Salary Gap Waivers • 2Z Pensions & Retirement Policy HFile HAuthor HStatus Title/Summary SFile SAuthor SStatus Lobbyi: ]A hf 7 Rep. passed House Omnibus Tax sf Sen. passed Roper Abrams, 9999 Pogemiller, Senate Peterson Secondary Ron Bill --June 6, 2003 Larry Policies: Special Session #I, oppose it 113 H.F. 7 part Extends levy limits one year (for taxes payable in 2004) for cities with populations over 2,500, but no reverse referendum. Cities retain existing special levy authorities - including those for debt. 2004 levy limit equals 2003 certified levy plus sixty percent of 2004 aid loss. No growth factors for inflation, household growth or CA growth. http://www.Imnc.org/amm/repor-t.cfm 6/13/2003 AMM Bill Tracking Report Page 3 of 38 Unused levy authority is lost. LGA appropriation for calendar year 2003 is reduced by $122 million to $464 million. City cuts taken first from LGA, then from MVHC, if necessary. Full MVHC restored in 2005. LGA appropriation for 2004 and beyond is $437 million per year. In 2004, the money will be distributed based on the new LGA formula and a combination of other factors that establish minimum and maximum aid cuts. Establishes a new LGA formula for cities over 2,500 population and adjusts existing formula for those under 2,500 population. Eliminates the main 1993 grandfather provision, but retains city specific grandfathers. Phases formula in by restricting the size of loss or gain in any one year. New formula uses the six need factors recommended by the Governor. Ability-to- pay will be determined by multiplying net tax capacity by the average state-wide city tax rate (approximately 34 percent). Local sales tax revenues will not be counted, but revenues from http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 4 of 38 taconite aids will be phased-in over a period of five years. For a complete description of the local government aid and levy provisions of the Omnibus Tax bill, see the AMM News, May 26-30, 2003. IA h_f 875 Rep. Pugh, Tax Charter s_f Sen. Tax Roger Thomas Committee Override to 1004 Metzen, Committee Peterson Secondary James Policies: - Levy Back for Lost State Aids support --June 12, 2003 This bill would allow cities to override charter provisions limiting increases in their property tax levies in order to levy back for lost state aids. NOTE. This provision was included in S.F. 1505, which the Governor signed on May 25. (Laws 2003, Chapter 127) IC hf 256 R_ep-Beard Referred to Sales Tax on sf 46 Sen. Reiter, Referred to Roger * * * Michael Tax Madv Tax Peterson Secondary Committee Local Committee Policies: - Government support Purchases --June 1, 2003 This bill would have exempted local government purchases from the state sales tax. This bill did not pass. lE h_f 495 Red, Tax Fiscal sf 635 Sen. Tax Roger * Johnson Committee Belanger, Committee Peterson Secondary Jeff Disparity Fund William Policies: - Distribution monitor _ June 1, 2003 This bill would have abolished the Metropolitan Fiscal Disparities law. http://www.lmnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 5 of 38 The Legislature made no changes to the metropolitan fiscal disparities program. lE hf 514 Rep. Taxes Fiscal Roger * Lenczewski Peterson Secondary An„ Disparity Fund Policies: - Distribution monitor _ June 1, 2003 Abolishes the Metropolitan Fiscal Disparities law. The Legislature made no changes to the metropolitan fiscal disparities program. lE hf Rep. Transportation Fiscal Roger * * 1385 Lenczewski, Finance Peterson Secondary Ann Disparity Fund - Policies: - Distribution monitor _ June 1, 2003 For cities and counties required to provide an operating subsidy for a Light Rail Transit system, the fiscal disparity contribution to the areawide net tax capacity is reduced by an amount equal to the subsidy amount. The Legislature made no changes to the metropolitan fiscal disparities program. 1G hf 293 Rep. 13rod signed by City Fees --June sf 197 Sen. signed by Gene Laura Gov. 5/23/03; 1 2003 Vickerman, Gov. Ranieri - , Seconda Laws 2003, Jim 5/23/03; Secondary Clip. 93 This bill would allow 003, Policies: p' cities that collect less Laws 2 2 support Clip. 93 2A than $5,000 per year in zoning and planning fees to prescribe fees by fee schedule, rather than ordinance. 1H hf Rep. Pugh- Tax Property Taxes sf Sen. Tax Roger 1209 Thomas Committee 1188 Murphy, Committee Peterson - --June 1, 2003 Secondary Steve http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 6 of 38 Policies: - This bill did not monitor _ receive a hearing in either the House or the Senate, and did not pass. Under this bill, property taxes for homesteads would be based on household income rather than the property's market value. 11 h_ f 11 Rep. Taxes Limited Roger Mullet Secondary Joe ~ Market Value - Peterson Policies: - -June I, 2003 This bill would repeal monitor the six year phase out of Limited Market Value (LMV) that was passed as part of the 2001 tax reforms, but would allow LMV to sunset completely after assessment year 2008. NOTE. This bill did not pass. The 2003 Legislature made no changes to the scheduled phase-out of limited market value. 1I Limited sf 103 Sen. Tax Roger * * Cohen, Committee Peterson Secondary Market Value - Richard Policies: - This -June bill 2 would oppose eliminate the six-year phase out of limited market value that was part of the 2001 property tax reforms and make limited market value permanent. NOTE. This bill did not pass. The 2003 Legislature made no changes to the scheduled phase-out of limited market value. F--]F7434 Rte. Tax Market Value sTaxes Royer http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 7 of 38 Severson Committee Fischbach _ - Freeze for - s Peterson Secondary Daniel Michelle Senior Citizens Policies: - --June 1, 2003 monitor This bill would allow senior citizens to apply for a freeze on the taxable market value of their home, if they have lived in the home for more than 15 years, have an annual income of $40,000 or less and are over the age of 65. Note: No action was taken by either house on this bill. I I hf 241 Rem Referred to Limited sf 211 Sen. Referred to Roger * * Paymar, Tax Cohen, Tax Peterson Secondary Michael Committee Market Value - Richard Committee Policies: - -June 1, 2003 monitor This bill would stretch the phase out of limited market value to 2009. Under current law, the phase out is scheduled to be complete in assessment year 2006. The Legislature made no changes to the scheduled phase- out of limited market value. 1-I hf 405 Rep. Taxes Limited Roger * Erhardt Peterson Secondary Ron Market Value - Policies: - -June 1, 2003 monitor Extends the phase out period for limited market value from 2006 through 2010. The Legislature made no changes to the scheduled phase- out of limited market value. 1L sf Sen. State & Kristine Aggregate 1397 Knutson, Local Gov. Lyndon Secondary Mining Fee David Operations Wilson June 1, 2003 Committee Policies: - This bill would authorize cities to support http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 8 of 38 impose a host community fee of up to 30 cents per ton on the operators of aggregate mines. 25% of the fee revenue must be used to mitigate/compensate for the impacts of the mining operation, but the remainder can be deposited in the city's general fund. Note: No action was taken on this bill by either house this 11year. l Z hf_3 Rep. Tax Tax Free Zones sf 496 Sen. Bakk, Finance Kristine Magnus, Committee --June 10, 2003 Thomas Committee Lyndon Secondary Doug Wilson Policies: - This bill, which is based on one of the monitor Governor's campaign issues, would allow local governments in Greater MN to apply to the Commissioner of DTED to establish tax free zones. Metro cities would not be eligible. This was included in the final Omnibus Tax Bill (special session #1, H.F. 7). 1 Z hf 232 Rep. Referred to This Old House sf 175 Sen. Referred to Roger Rhodes, Jim Tax Kelley, Tax Peterson_ Secondary Committee --June 1, 2003 Steve Committee Policies: - support This bill did not pass, so the "This Old House" program has sunsetted. This bill would extend the "This Old House" program to 2008. Under current law, the "This Old House" program, which allows home owners making significant investments in a home that is more than 35 http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 9 of 38 years old to defer the increase in the taxable value of their property, sunsetted on Jan. 2, 2003. 1Z hf 695 Rep, Taxes Truth-in- sf 319 Sen. Tax Roger M * Marquart, Langseth, Committee Paul Taxation --June Keith Peterson Secondary Policies: - 1, 2003 This bill would monitor require counties to mail Truth-in- Taxation notices between Oct. 17 and Oct. 31 of each year. Current law requires them to be mailed between Nov. 10 and Nov. 24. The goal of this proposal appears to be to get Truth in Taxation notices out prior to the November election. This bill did not pass. The 2003 Legislature made only one minor change to the Truth in Taxation notice - by eliminating the so-called "blame columns," which gave a reason / assigned responsibility for any change in taxes. 1Z Truth In sf 366 Sen. Dille, Taxes Roger Secondary Taxation --June Steve Peterson Policies: - 1, 2003 Repeals Truth in support Taxation property tax notices and hearings. NOTE. This bill did not pass. The 2003 Legislature made only one minor change to the Truth in Taxation notice - by eliminating the so-called "blame columns," which gave a reason / assigned responsibility for http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 10 of 38 J uu I any change in taxes. I u~ lZ hf Red Tax This Old House sf Sen. Tax Roger 1153 Wa genius. Committee 1050 Dibble. Committee Peterson Jean --June 1, 2003 Scott Secondary This bill would extend Policies: - the This Old House support - Program to 2013. Under current law, the program sunsetted Jan. 1 of this year. Note: This bill did not pass. Therefore, the "This Old House" program has sunsetted. iZ hf Rep. Local Gov. & Certificates of sf Sen. Tax Roger 1195 Sertich, Metro Affairs 1.145 Tomassoni. Committee Peterson Secondary Tony Committee Indebtedness - David Policies: - 10 year term June 10, 2003 support NOTE:This bill did not pass. However, legislation did pass that allows certificates of indebtedness to be used to purchase computer software, so long as it has a useful life of at least five years. This bill would have allowed cities to issue certificates of indebtedness to purchase public safety, ambulance, road construction or maintenance, and other capital equipment with the certificates payable in not more than ten years, rather than five years as under current law. 2A Public sf 214 Sen. State & Roger Neuville. Local Gov. Peterson Secondary Employees Pay Thomas Operations ry Policies: - Freeze --June 1, Committee oppose 2003 This bill would freeze salaries and wages for http://www.lmnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 11 of 38 all full-time and part- time public employees - state, county, city, township, school district, public university, etc. - from Feb. 1, 2003 to June 30, 2005. Contracts and collective bargaining agreements entered into prior to Feb. 1, 2003 would not be impacted. NOTE. This bill did not pass. The 2003 Legislature did not impose any public employee wage freezes. 2A hf 97 Rep. Judiciary DUI Alcohol sf 58 Sen. Foley. Public Safety Roger * Stanek Leo Peterson Secondary Rich ( .08 --June 1, Policies: - 2003 monitor Reduces the blood - alcohol level for DUI offenses from 0.10 to 0.08. NOTE. This bill did not pass. 2A hf 473 Rev. Olson, Local and Mandates & sf 700 Sen. State & Gene * Mark Metropolitan Limmer. Local Gov Ranieri Affairs Local Warren Operations Secondary Policies: - Authority --June Committee support ij 1, 2003 part This bill did not pass. The bill establishes a process for local governments - cities, counties, towns and schools - to opt out of a state mandate. To opt out a local government must adopt a resolution for each mandate. Prior to adopting the resolution the local government must give public notice and disclose any imapct of http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 12 of 38 the opt out on state and federal funding and any other policy issues that could occur from the opt out. The resolution along with a $75 filing fee must be sent to the Office of the State Auditor (OSA). The OSA must keep a record of the requests and prior to the start of a regular legislative session certify to the legislature that at least 10% of the local governments of the same kind - cities, counties, towns, or school districts- or class have submitted resolutions to opt out of a mandate. The mandate opt out does not apply until the adjournment of the session. A local government can opt out later and the opt out would be effective the date the resolution is filed with the OSA. Certain mandates are excepted from the opt out process. The exceptions include election law; administration of the property tax system; accounting financial management procedures and audit requirements; and non-public students. 2A sf 402 Sen. State & Roger Mandates & Michel Local L.OCaI Peterson Secondary Geoff Government Policies: - Authority --June oppose _ 1, 2003 Mandates a wage freeze for all public employees from February 1, 2003 through June 30, 2005. NOTE. This bill did not pass. The 2003 http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 13 of 38 Legislature did not impose public employee wage freezes. 2A hf 686 Rep. Fuller, Regulated Mandates & sf 826 Sen. Commerce Kristine Doug Industries Local Metzen, & Utilities Lyndon Secondary Committee James Committee Wilson Policies: - Authority --June 3, 2003 monitor This bill would require those issuing retail liquor licenses to impose mandatory penalties for the sale of alcohol to minors. This bill did not pass. 2A hf 744 Rep. signed by Fee Reporting - sf 726 Sen. Sams signed by Kristine Erickson, Governor on -April 7, 2003 Dallas Governor on Lyndon Sondra 4/3/03; Laws 4/3/03; Laws Secondary - This bill would move Wilson Policies: - 2003, Chp. 6 the deadline for 2003, Chp. 6 annually reporting support construction and development-related fees to the state from April 1 to June 30. It would also exempt cities that collected less than $5,000 in fees during the reporting year from the reporting requirement. 2_A hf R Local Gov. & Pay Equity s_f 924 Sen. State & Kristine 1097 Nelson Metro Affairs Nienow, Local Gov. Lyndon Secondary Peter Committee Reporting Sean Operations Wilson Policies: - Requirement June 3, 2003 support This bill would have removed the reporting requirement associated with pay equity. Note:In the final Omnibus State Government Finance bill, the pay equity reporting requirement was not eliminated entirely, but it was suspended for 2003 and 2004, http://www.lmnc.org/amrn/report.cfm 6/13/2003 AMM Bill Tracking Report Page 14 of 38 and the required reporting cycle was reduced to once every five years, beginning in 2005. 2A hf 975 Rep. State Gov. Pay Equity sf Sen. State & Kristine Jacobson, Finance 1.005 Knutson, Local Gov. Lyndon Secondary Carl Committee Compliance Day id Operations Wilson Policies: - Monitoring Committee _ June 3, 2003 monitor This bill would transfer authority for monitoring pay equity compliance from the Commissioner of Employee Relations to the State Auditor. This bill was incorporated into House's original Omnibus State Gov. Finance Bill, but was not included in the final State Government Finance bill and therefore did not become law. However, the Omnibus State Government Finance bill did suspend the pay equity reporting requirement for 2003 and 2004 and reduce the required reporting cycle to once every five years, beginning in 2005. 11 11 1 1 2A hf Re Civil Law Mandates & sf Sen. Olson, State & Gene 1122 AdolDhson Committee Local 1076 Gen Local Ranieri Secondary Peter Government Policies: - Authority --June Committee support _ 1, 2003 The bill permits local governments to use an alternative method of publishing proceedings and public notices, including websites, fax or e-mail. The alternative methods could be used to replace or supplement the current http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 15 of 38 publication process. The bill was recommended to pass by the House Local Gov. & Metro Affairs Committee and then sent to the Civil Law Committee. (4/2/03) This bill did not become law. The Omnibus State Government Finance Bill did include a provision requiring a study of this issue, though. 2A hf Rep. Brod Ways & Pay Equity sf Sen. State & Kristine 1253 Laura Means 1151 Fischbach, Local Gov. Lyndon Secondary Committee Reporting --June Michelle Operations Wilson 3, 2003 Committee Policies: - Amends the requirement that local support units of government report to the Commissioner of Employee Relations on their compliance with pay equity requirements. Under this bill, cities would only have to report once every five years. This bill was passed as part of the Omnibus State Government Finance Bill (special session #1, H.F. 1). Additionally, the reporting requirement was suspended for 2003 and 2004. 2A hf 793 Rep_ Government Public sf 773 Sen. State & Kristine * Gerlach, Operations & Neuville, Local Gov. Lyndon Secondary Chris Veteran's Employee Thomas Operations Wilson Policies: - Affairs Wage Freeze - #2 --June 1, 2003 oppose Note: The Legislature did not pass any public employee wage freeze bills this year. http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 16 of 38 This is the second bill for a public employee salary/wage freeze. It imposes the same two-year wage freeze on all public employees, but contains additional provisions related to union contracts. Under this bill, cities that have signed contracts and collective bargaining agreements, but have not put them into effect prior to the adoption of this bill, would be prohibited from putting any salary increase portions of those bills into effect. The bill authorizes the collective bargaining unit to rescind the collective bargaining agreement or contract, but prohibits them from striking due to the city's refusal to increase wages. This bill was amended in the House on 4/3/03 to exclude local government employees from the wage freeze. 2A hf Rep. Gov. Mandates & sf Sen. State & Roger * 1093 Lanning, Operations & 1258 Senjem. Local Peterson Secondary Morrie Veterans Local David Government Policies: - Affairs Authority --June support Committee 1, 2003 Establishes a Legislative Commission on unnecessary mandates for local governments. Commission would study statutory and rulemaking mandates. This provision was included in the House's Omnibus Tax Bill, but was not http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 17 of 38 ~I II I included the final IIIII~.1I compromise tax bill IuI 2A Public sf Sen. State & Kristine * * * 1256 McGinn, Local Gov. Lyndon Employee Secondary Mike Operations Wilson Policies: - Wage Freeze Committee June 1, 2003 This bill would have exempted essential employees from any state imposed salary/wage freeze. NOTE. This bill did not pass. The 2003 Legislature did not pass any public employee wage freeze bills. 2C hf Rep. Regulated 911 Telephone sf Sen. State & Roger 1331 Wa eg nus, Industries Tax 1128 Ranum, Local Peterson Secondary Jean --June 1, 2003 Jane Government Increases the Policies: - maximum 911 service support fee from 30 cents to 52 cents per line. Provides for a third phase for Backbone System construction to include the southwest and central state patrol districts. Authorizes $40M Metro Council bonds for Backbone and local government cost grants. The Omnibus State Government Finance bill did include an increase in the 911 telephone tax, but none of the new money will go to local PSAPs (public safety answering points). 2D hf Rep_ Local Gov. & 800 MHz sf 816 Sen. passed Roger 1373 Rhodes, Jim_ Metro Affairs Radio Kellev, Senate on Peterson Secondary -June 10System - Steve 4/7/03 Policies: - -June , 2003 support Extends 800MHz Radio Board sunset date from June 2004 http://www,lmnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 18 of 38 to June 30, 2007. NOTE. This bill did not become law. 2E h_f 433 Ren. signed by Permit sf 486 Sen. Solo, n signed by Roger Strachan, Gov. on 5/13; Yvonne Gov. on Peterson Secondary Steve Laws 2003, Approval: 5/13; Laws ry Chp. 41 Zoning/Denial 2003, Chp. Policies: - support Findings --June 41 10, 2003 Provides that if a motion to approve a request for a zoning change fails, the request is denied as long as those voting against state for the record their reasons. 2F hf 839 Rte. Government PERA Opt-in sf 485 Sen. Rest, State & Roger Nelson Operations & Ann Local Gov Peterson Secondary Michael Veteran's for City Operations Policies: - Affairs Managers --June Committee _ 2003 support 1, This bill would allow city managers who have elected to opt- out of PERA to opt back in. This bill was included in the Omnibus Pensions Bill (special session #1; S.F. 22). 2G hf Rep_ Ways and Salary Cap sf Sen. State & Roger 1133 Ki _elkucMeans 1132 Knutson, Local Gov. Peterson Secondary Tony Committee waivers --June 3, David Operations ry 2003 Committee Policies: - monitor This bill would have transfered authority for providing exceptions to the salary cap from the Commissioner of Employee Relations to the State Auditor and authorize the State Auditor to collect a fee to cover the cost of reviewing the waiver application. This provision was included in the http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 19 of 38 House's original Omnibus State Gov. Finance Bill, but it was not included in the final State Gov. Finance bill, which passed during special session. 2Z Pensions & sf Sen. State & Roger 1342 Betzold, Local Peterson Secondary Retirement Don Government Policies: - June 10, 2003 monitor Eliminates the requirement that local elected officials terminate the elected office to qualify for a retirement annuity based on other public employment. However, they would no longer be allowed to participate in the retirement association in their elected capacity. NOTE. This bill did not pass. 2Z hf Rep. Government Pensions & sf Sen. State & Roger 1386 Krinkie, Operations 1361 Pogemiller, Local Peterson Secondary Phil June 1Retlr2003 Larry Government Policies: - , Provides ph s phased monitor retirement and voluntary unpaid leave of absence options for local public employees through agreements with the local government agency. Section 1 provides for an employee qualified for an unreduced retirement annuity to receive the annuity but continue to work part time at less than 1040 hours per year. This section was not included in the final Omnibus Pension Bill. Section 2 provides that an employee may http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 20 of 38 work reduced hours but employee and employer pension contributions remain at the full time salary level. This section was included in the final Omnibus Pension Bill (1st Special Session, Laws 2003, Chp. 12). Section 3 provides that an employee may take a voluntary unpaid leave of absence(s) between June 1, 2003 and June 30, 2005. Pension contributions and other benifits would continue as if the employee were working. This section was included in the final Omnibus Pension Bill (1st Special Session, Laws 2003, Clip. 12). Any of these provisions must be mutually agreeable to both the employee and employer. 3A hf 766 Rep. Local Gov. & City Role in sf 338 Sen. Tax Gene - M Gm Ii in , Metro Affairs Chaudhary, Committee Ranieri Housing --June Satveer Secondary Mindy Committee 12, 2003 Policies: - support This bill would have authorized a seven city housing authority for cities along the I- 35W corridor. The bill defines the authority's purpose, its organization and relationship to the participating cities. The bill requires projects of the multi- city authority to be approved by the city in which it is to be located. NOTE. This bill did not become law. http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 21 of 38 Incorporated into the Senate' first omnibus tax bill. 313 h_f 706 Rep. Local and City Role in sf 724 Sen. Jobs, Gene Severson, Metropolitan Fischbach, Housing & Ranieri Secondary Daniel Affairs Lifecycle and Michelle Community Affordable Development Policies: - support Housing --June Committee 10, 2003 The bill clarifies legislation enacted in 2002 that permits cities and developers to enter into agreements that allow for the setting of sale prices and rental rates for affordable housing, maintaining affordablity, establishing income limits and organizing land trusts. The clarification is needed because there could be a conflict between the section and existing law that grants general authority to cities to adopt regulation regarding affordable housing. The proposed language states that the 2002 language (MS 462.358 Sub. 11) does not affect the authority granted in Section 462.358 subd I a. This bill was not heard by either body this session. 3E h_f Rep. Kuisle, Tax Valuation of sf Sen. Moua, Tax Kristine 1379 William Committee Class 4d 1242 Mee Committee Lyndon Secondary Wilson Policies: - Property --June 1,2003 support The basic premise of this bill was included in the final Omnibus Tax Bill (special session #1, H.F. 7). While class 4d doesn't http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 22 of 38 really exist any more - - begining with taxes payable in 2004 the class rate for 4d rentals and regular apartments are the same low-income rental properties can now be valued based on their restricted rents, if that applies. Under this bill, assessors must determine the market value of low-income rental property (class 4d) based on the limited rents that can be collected due to the property's 4d status. 3G Economic sf 547 Sen. Taxes Gene Betzold, Ranieri Secondary Development Don Policies: - Responsibilities monitor --June 12, 2003 This bill originally related to Anoka but was amended in the State and Local Government Operations Committee to permit counties in the metropolitan area to grant economic development authority powers to an existing county housing and redevelopemnt authority. The bill would impact Hennepin, Anoka, Ramsey and Washington Counties. Local government (city)approval would be needed for the county to conduct a project within its borders. NOTE. This bill did not pass. Although it was in the Senate's first omnibus tax bill, it was not http://www.inmc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 23 of 38 included the final lul lul lul compromise bill Iul'ul lul 3H hf 811 Rep. Stang, Tax Tax increment sf 783 Sen. Tax Gene Doug Committee Financing Gubly, Committee Ranieri (TIF) --June 10, support 2003 This bill would have provided cities with another tool for addressing TIF deficits resulting from the 2001 tax reforms. It would allow the durations of impacted districts to be extended for up to five years. The additional increment collected would be limited to the lesser of the amount needed to satisfy the district's obligations or the amount that would have been collected had the 2001 tax reforms not been enacted. Note: While this exact bill did not pass, the final tax bill (special session #1, H.F. 7) did authorize duration extensions to reduce deficits casued by the 2001 property tax reforms. Districts can be extended in cases where all other options and special deficit authorities (pooling, changing fiscal disparities election, etc.) have been exhausted. Length of the extensions is based on a formula. For G.O. districts, the maximum extension a city council can authorize is 4 years and the Commissioner of Revenue can authorize an additional 2 years. For http://www.Inmc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 24 of 38 pay-as-you-go districts, the maximum extension is 2 years. 3H Tax Increment sf Sen. Rest, Taxes Gene Financing 1.229 Ann Ranieri - (TIF) --June 10, support 2003 This bill did not become law. The bill would have permited a TIF authority to amend a TIF plan for a district certified prior to August 1, 2001 to establish an affordable housing account or a "hazardous substance, pollutant, or contaminant remediation account." The funds from either account can be spent outside or inside the district. The expenditures from the housing account must be spent on housing that meets the income qualifications and rent restrictions of a housing district. 3J hf Rep. signed by Authority to sf Sen. signed by Gene 1469 Abrams Gov. on 5/25; 1401 Pog_emiller, Gov. on Ranieri Secondary Ron Laws 2003, Issue Capital LAM 5/25; Laws Policies: - Clip. 127 Improvement 2003, Chp. support Bonds --June 1, 127 2003 This bill includes authority for cities to establish a capital improvement program and fund it with general obligation bonds. The bonds can be issued without referendum but there is a reverse referendum provision. This provision was included in the first http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 25 of 38 omnibus tax bill (S.F. 1505), which was passed on the final day of the regular session. 4A hf 78.5 Rep. merged into Metropolitan sf 829 Sen. merged into Gene Buesgens, Omnibus Met Dibble, Omnibus Ranieri Secondary Mark Council bill Council --June 1, Scott Met Council Policies: - 2003 bill monitor This bill eliminates the Park and Open. Space Commission, modifies the charging system for industrial users of the wastewater services system and repeals obsolete references. The Senate version was amended on April 2 so that it no longer eliminates the Parks & Open Space Commission. Note: Most of these provisions were included in the Omnibus Metropolitan Council bill (special session, H.F. 66). However, the Parks and Open Space Commission was not eliminated. The final bill simply eliminated the per diems paid to Commission members, but kept the Commission. 4C hf Rep. Metropolitan sf Sen. Kristine 1228 Buesgens 1415 Wiger, Lyndon Secondary Council Mark Chuck Wilson Policies: - Fixed, Staggered monitor Terms --June 1, 2003 This bill would establish fixed, staggered terms for Metropolitan Council members. However, the statute would continue to say that http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 26 of 38 Councilmembers serve at the pleasure of the Governor. The bill was amended in the House Local Government & Metro Affairs Committee to include a redistricting plan for the Met Council. Note:The Legislature made no changes to the term structure for Metropolitan Council members. However, a redistricting plan was included in the Omnibus Metropolitan Council bill (special session #1, H.F. 66). Maps of the redistricting plan are available via www.amm 145.org. 11 4E hf 796 Rte, House Floor Regional sf 839 Sen. State & Gene * Holbert, McGinn, Local Gov. Ranieri Second Marv Liz S3'StelriS --June 1, Mike Operations 2003 Committee Policies: - The bill would monitor classify operating engineers, electrical workers, pipefitters, and machinists employed by the Metropolitan Council to maintain and operate the wastewater system as essential employees. This bill did not pass. 4E hf 886 Rep. merged into Regional Kristine * * Holberg, Omnibus Met Lyndon Syste Mary Liz Council bill 2003 IT1S --June 1, Wilson Secondary 2003 Policies: - _ monitor This bill was included in the Omnibus Metropolitan Council bill (special session #1, H.F. 66). http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 27 of 38 This bill would require the Metropolitan Council to include a cost analysis in each of its four regional policy plans (transportation, aviation, parks and open space and wastewater treatment). The analysis would have to include the cost of the improvements required to achieve the council's goals outlined in the plan and a determiniation of what portion of the funding will come from state, regional and local sources. 4F h_ f 30 RM.. merged into Review of sf 250 Sen. State & Kristine Lipman, Omnibus Met LeClair, Local Gov. Lyndon Secondary Eric Council bill Local Brian Operations Wilson Policies: - Comprehensive Committee Plans --June 1, monitor 2003 As introduced, this bill would have deleted most of the metropolitan comprehensive planning statute, including the requirement that local comprehensive plans be submitted to the Metropolitan Council for review. The bill was amended on April 2 so that it no longer contained any of its original language. Instead it raises the standard that the Met Council must meet in order to require changes in a local comprehensive plan. This bill was amended again and included in the Omnibus http://www.Inmc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 28 of 38 Metropolitan Council bill (special session #1, H.F. 66). The language in the final bill says that the Met Council can require changes in a local comprehensive plan if it finds, by resolution, that the local plan is "more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans." 4M h_ f 462 Re._ merged into Funding sf 647 Sen. merged into Kristine Tinaelstad Omnibus Anderson Omnibus Lyndon Secondary Kathy Environment Regional Parks Ellen Environment Wilson Policies: - Bill (S.F. 905) & Open Space Bill (S.F. _ --June 10, 2003 905) support See Laws 2003, Chp. 128 signed by Governor on 5/28/03. This bill would appropriate $4 million per year from the state's general fund for fiscal years 2004 and 2005 for maintenance and operation of the regional park system. NOTE. The final Omnibus Environment and Natural Resources Finance Bill (S.F. 905) included a $3.3 M per year general fund appropriation for operations and maintenance of the regional park system. Bill also included $4.2 M per year from lottery proceeds for regional park O & M and $3.3 M from the Environmental Trust Fund for capital projects at metro regional http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 29 of 38 parks. 4Z Omnibus sf 693 Sen. N/A Kristine Metropolitan Lyndon Secondary Wilson Policies: - Council Bill June 1, 2003 monitor Special Session #1, H.F. 66 This bill includes the redistricting plan for the Metropolitan Council. It also allows the Council to utilize energy forward pricing in its purchase of fuel for Metro Transit buses, eliminates the per diem paid to members of the Metropolitan Parks and Open Space Commission, requires that a fiscal analysis be included in regional system plans, repeals the Council's authority to operate a gain-sharing program, and makes other housekeeping changes. Maps of the redistricting plan are available online via www.amm 145.org. 4Z h_f 889 Rm. see b.f. 627 Met Council sf Sen. State & Kristine * Hilstrom, 1246 Scheid, Local Gov. Lyndon Secondary Debra Use of Eminent Linda Operations Wilson Policies: - Domain - Local Committee Approval --June monitor 1, 2003 This bill did not pass. This bill would establish a local approval process (similar to the municipal consent process used on MnDOT projects) when the http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 30 of 38 Metropolitan Council plans to acquire property by eminent domain for a capital improvement project related to a public transit or wastewater treatment facility. 4Z hf Rte. Tax Metropolitan sf Sen. State & Kristine 1345 Klinzing, Committee 1425 Robline. Local Gov. Lyndon Secondary Karen Council Levy Claire Operations Wilson Policies: - Authority --June Committee 1, 2003 oppose This exact bill did not pass, however, a provision limiting the amount of money the Metropolitan Council may levy for regional administration, the Livable Communities program and the Right-of-Way Aquistion Loan Fund (RALF) was included in the Omnibus Metropolitan Council bill (special session #1, H.F. 66). This bill would set the dollar amount of the Met Council's levies for 2004 and 2005 and then require the Council to get upfront approval from the Legislature in order to levy any property taxes in 2006 and beyond. This includes the Council's levies for the right-of-way loan acquisition fund, the Livable Communities program, and general Council administration. As introduced, it also would have added the lieutenant governor to the Legislative Commission on Metropolitan http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 31 of 38 Governance for the purpose of breaking a tie vote, but this provision was removed in the House Local Gov. Committee. 5A hf 5 Rep. Kuisle, passed by Omnibus sf Sen. passed by Roger William House 9999 Johnson, Senate Peterson Secondary Transportation - Dean - Policies: - Funding Bill monitor June 6, 2003 Special Session #1, H.F. 5 Authorizes $400 million in trunk highway bonds over the next four years, with debt service to be paid for by administrative savings at MnDOT. Also authorizes spending $400.4 million in advanced federal funding over the next six years. To the "maximum feasible extent," the money is to be divided equally between metro and non-metro projects. The bill appropriates $108 million from the state's general fund for Metro Transit operating costs over the biennium. This is an $18 million reduction from current law. Also dedicates 21.5 percent of MVST revenues for the next four years to transit. Appropriates $6.7 million for the biennium to cover 50% of the operating subsidy needed to run the Hiawatha LRT line, and mandates that the remaining 50 percent come from the Hennepin County http://www.Inmc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 32 of 38 Regional Rail Authority's reserves. No gas tax or license tab fee increases. No change to MSA or CSAH funding. (For a complete description, see the AMM News, May 26 - 30, 2003, no. 2.) 513 hf_795 Rep, Transportation Regional sf Sen. Finance Gene Hornstein, Policy ] 136 Dibble, Committee Ranieri Secondary Frank Transit System Scott Policies: - --June 1, 2003 monitor This study was included in the compromise Transportation Bill passed during special session. This bill instructs the Metropolitan Council and MnDOT to study the feasibilty of implementing bus rapid transit (BRT) along 1-35W from Minneapolis to Lakeville. 5D hf 965 Rep. Beard, Transportation Transportation sf 825 Sen. Rest, Finance Roger * * * Michael Finance Ann Committee Peterson Secondary Committee Utility Fee --June Policies: - 1,2003 support This bill did not pass. It was included in the Senate's original Omnibus Transportation Bill, but was removed before that bill reached the floor of the Senate. This bill would authorize cities to impose a transportation utility fee on all properties within the city with a two-thirds vote of the city council. Proceeds from the fee must be http://www.Imne.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 33 of 38 used for street reconstruction, facity upgrades and maintenance projects contained in a locally adopted capital improvement plan, public facility plan or master plan. 5H hf 816 Reg. Local Gov & Airport Noise sf 785 Sen. State & Kristine * Thissen, Metro Affairs Ranum, Local Gov. Lyndon Secondary Paul 1 2003tlon --June Jane Operations - Wilson Policies: - 1, 2003 monitor This bill did not pass. This bill would use sales tax revenues from purchases at the Mpls/St. Paul airport to create an Impact Mitigation Fund. The cities of Bloomington, Burnsville, Eagan, Mendota Heights, Minneapolis, Richfield and St. Paul would be eligible to apply to the Commissioner of DTED for disbursements from the fund. The cities would have to prepare an impact report and impact mitigation plan and submit it to the Commissioner of DTED for approval. Once they have an approved mitigation plan they could use disbursements from the fund to pay for mitigation activities. 5.1 hf 762 Rep. Transportation Cities Under s_ f 595 Sen. Finance Roger Vandeveer, Finance 5 O0o Bachman, Committee Peterson Secondary Ray Committee Michelle Policies: - Population support June 1, 2003 Authorizes $ l OM in state bonds for a local road account for roads of regional significance within the Local Road http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 34 of 38 Improvement Fund. This bill did not pass. However, the capital bonding bill did include $20 million for the Trunk Highway Corridor Project Account in the Local Road Improvement Fund. 5J County State sf Sen. Finance Roger 1391 Ortman. Peterson Secondary Aid Highway Julianne Policies: - (CSAH) support Distribution Formula --June 1, 2003 Changes the County State Aid Highway (CSAH) distribution formula to 50% based on population and 50% based on needs. This replaces the current formula which is 10% split equally to each county, 10% based on vehicle registration, 30% based on lane miles, and 50% based on need. The new formula favors high growth counties (ie. metro) and is the same as the current city MSA distribution formula. NOTE. This bill did not pass. The 2003 Legislature made no changes to the CSAH or MSA distribution formula. 5Z hf 53 Rep. Opatz, Transportation Northstar Roger Joe Finance Corridor --June Peterson Secondary Policies: - 1, 2003 monitor Authorizes $120 million in state bonds for Northstar Corridor planning and construction. http://www.lmnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 35 of 38 The 2003 Legislature did not appropriate any money for Northstar Commuter Rail. It did authorize further study of the rail line and appropriate funding to continue providing coach bus service to commuters along the line. 5Z hf RM.. Transportation Northstar sf 27 Sen. Finance Roger 1.233 Tingelstad Finance Betzold, Peterson Secondary Kathy 1, Corridor 03 --June Don Policies: - 1, 2003 monitor Authorizes $123.3 million in state bond proceeds for the Northstar Corridor. The 2003 Legislature did not appropriate any money for Northstar Commuter Rail. It did authorize further study of the rail line and appropriate funding to continue providing coach bus service to commuters along the line. 5Z hf 688 RM.. Transportation Regional Rail sf 686 Sen. Reiter, Finance Roger Krinkie, Policy Mady Committee Peterson Secondary Phil Committee Authorities Policies: - June 1, 2003 monitor This bill would abolish regional rail authorities in the seven-county metropolitan area. This bill did not become law. It was included in the House's Omnibus Transportation Bill, but was not included in the final compromise with the Senate. I F_ http://www.imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 36 of 38 5Z hf 846 Rep_ Enivronment wetland sf 656 Sen. Environment Roger Adolphson1 & Natural Ortman, & Natural Peterson Secondary Peter Resources Replacement Julianne Resources Policies: - Policy June 10, 2003 Committee _ Committee support This bill would have modified the wetland replacement requirements for transportation projects to a one-to-one replacement ratio, rather than the current two-to-one requirement. NOTE: This bill did not pass. However, the Legislature did alter wetland replacement requirements by allowing communities in the metropolitan area to locate one of their two replacement wetlands outside the metropolitan area, so long as it is within the same watershed as the wetland being replaced. SZ U745 Rem. Transportation General sf Sen. Hann, Finance Ro&er Adolphson, Policy 1139 David Committee Peterson Secondary Peter Transportation Policies: - Issues --June 1, monitor 2003 The primary provisions of this bill prohibiting MnDOT, the Met Council and the Hennepin County Regional Rail Authority from taking any action or spending any money on the Southwest Rail Transit LRT or commuter rail between Minneapolis and Eden Prairie until July 1, 2005 was included in the final Omnibus Transportation http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 37 of 38 Finance Bill (special session #1, H.F. 5). Prohibits MnDOT, the Met Council and the Hennepin Co. Regional Rail Authority from taking any action or spending any money on study, planning, preliminary engineering, final design or construction of light rail or dedicated busway transit in the southwest transit corridor. This prohibition does not apply to (1)exclusive bus lanes on existing freeway and expressway right-of- way between the Eden Prairie transit hub and Hopkins, and (2) a bus way from Hopkins to downtown Minneapolis. 5Z Streamlining sf Sen. Floor of Roger Environmental 1264 Dibble, Senate Peterson Secondary Scott Policies: - 2003 --June 12, support 2003 Creates an intergovernmental environmental streamlining committee to review and streamline environmental reviews and permits for transportation projects. NOTE. This bill did not pass. 5Z hf Ren._Kuisle, Environment wetland sf Sen. Environment Roger 1305 William & Natural 1267 Langseth, and Natural Peterson Secondary Resources Replacement Keith Resources Policies: - Requirements - monitor -June 10, 2003 Reduces wetland replacement http://www.Imnc.org/amm/report.cfm 6/13/2003 AMM Bill Tracking Report Page 38 of 38 requirements for transportation projects. NOTE: This bill did not pass. However, the Legislature did alter wetland replacement requirements by allowing communities in the metropolitan area to locate one of their two replacement wetlands outside the metropolitan area, so long as it is within the same watershed as the wetland being replaced. Key 1. * means Bill has changed since last report 2. **means new bill AMM is monitoring 3. * * * means Bill did not meet committee deadline and is dead For best printing results, go to file/print/properties in your browser and switch from portrait to landscape. Prepared by the Association ofMetropolitun Municipalities (AMMO http://www.lmnc.org/amm/report.cfm 6/13/2003