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12/16/2003 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 16, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA 2 A. APPROVE MINUTES ~ p B. PERSONNEL ITEMS ~S C. CHECK REGISTERS J6D. APPROVE 2004 Trash Hauler Licenses ~ ZE. APPROVE 2004 Tree Contractor Licenses ~. APPROVE 2004 Commercial Fertilizer Licenses ~,'~~ G. APPROVE 2004 Pet Shop and Kennel Licenses 3~ H. APPROVE 2004 Tobacco Licenses ~j3~ I. APPROVE Off-Sale Liquor License for Cawv Qab Zib dba Lone Oak Liquors (formerly Comer's Liquor ~" Unlimited) $' J. APPROVE Change in Management on Liquor License at Cub Foods ~~~ K. APPROVE Wetland Replacement Plan -Lundgren Brothers, Terra Glenna and Blue Cross Blue Shield impacts ~/ L. APPROVE Proposed Gun Club Lake WMO Memorandum of Understanding ~~~Iv1. APPROVE 2004 Enterprise Fund Budgets for Water, Sanitary Sewer, Street Lighting, Storm Drainage, -1 Water Quality, Civic Arena, Cascade Bay, and Community Center N. APPROVE 2004 Special Revenue Budgets, including Housing Fund, Police Forfeiture Fund, Econorruc Recovery Grant Fund, Cedarvale Special Services Fund, and Cable Franchise Fees Fund ~LO. APPROVE 2004 budgets for Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan `' ~ Community Television ~s,6 P. APPROVE Classification of Tax Forfeited Property ~6U Q. ACKNOWLEDGE Completion and Authorize City Maintenance for Project 98-T (Royal Oaks) R. ACKNOWLEDGE Completion and Authorize City Maintenance for Project O1-E (Oakbrooke 5~ 1 Addition) ~`~ S. APPROVE Final Payment and Authorize City Maintenance for Contract 03-01 (Town Centre Area - v Street Improvements & Access Management) bj T. APPROVE Fee Schedule Amendment to Consulting Engineering Service Contracts ,,,Gb U. APPROVE Final Payment and Authorize City Maintenance for Contract 01-13 (July 2000 Storm Mitigation Improvements) io6~V. APPROVE Final Payment and Authorize City Maintenance for Contract 01-15 (July 2000 Storm / Mitigation Improvements) f~~W. APPROVE Final Payment and Authorize City Maintenance for Contract 01-04 (Central Parkway -Street ` n & Utility Improvements) ~6n X. APPROVE Change Order No. 4 for Contract 02-15B (Community Center -Site Work) p~OY. AUTHORIZE Advertisement of Bids for Contract 04-01 (River Valley Addition -Fly Ash Removal) f ~/ Z. APPOINT Alternate as Member to Airports Relations Commission /p72 AA. APPROVE Plans and Specifications and Authorize Bidding: Sludge Removal JP-47 P 7 ABB. APPROVE Renaming of Community Room ~CC. APPROVE Change Order #2, Contract 03-09 (Water Treatment Plant Expansion) V. PUBLIC HEARINGS ~~ A. 2003 PROPERTY TAX LEVY ~~ B. 2004 GENERAL FUND BUDGET ~ g'~ C. 2004 PROPOSED CEDARVALE SPECIAL SERVICE DISTRICT BUDGET ~ gt1 D. PROJECT 895, Lake Park Shores & Thomas Lake Additions -Street Improvements P D13 E. PROJECT 898, Terminal Drive -Street Improvements VI. OLD BUSINESS ~~A. 2004 FEE SCHEDULE - Establishing fees for various City services, supplies, and materials ~~ B. CONDITIONAL USE AND VARIANCE - Cedarvale Business Center - A Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE'/a of Section 19. VII. NEW BUSINESS ,};J f ~3 A. COCA-COLA Water/Sewer Utility Bill v ' $'6 B. PRELIMINARY SUBDIVISION -Lundgren Brothers Construction - A Preliminary Subdivision (Terra Glenn) of approximately 39.5 acres to create 54 single family lots and 26 condo lots, located south of Yankee Doodle Road and north of Ashbury Road in the NW '/< of Section 16. ~3t,lC. PRELIMINARY SUBDIVISION- Kent Lageson - A Preliminary Subdivision (Mother Nature Addition) II to create two single family lots, located at 4137 Rahn Road in the SE '/< of Section 19. ~S/D. PRELIMINARY SUBDIVISION -Michael & Karen Stack - A Preliminary Subdivision (Sugar Bluffs) of approximately six acres to create four single family lots, located at 4500 Thomas Lake Road in the SE '/< of Section 28. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA 17~ ~ X. ECONOMIC DEVELOPMENT AUTHORITY ~" XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is comrnitted 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. ~,\ ` /J MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 12, 2003 SUBJECT: AGENDA INFORMATION FOR DECEMBER 16, 2003 CITY COUNCIL MEETING ADOPT .aGEND: After approval is given to the December 16, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 16, 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 December 1, 2003 regular City Council meeting, as presented or modified. ATTACHMENTS: • Minutes of the December 1, 2003 regular City Council meeting are enclosed on pages 3 through ~. ~R ~"' MINUTES OF A REGULAR MEETING OF THE ~ I- EAGAN CITY COUNCIL Eagan, Minnesota December 1, 2003 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting in the Community Room of the Eagan Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, December 1, 2003 at 6:30 p.m at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan recognized outgoing Fire Chief Craig Jensen for his many accomplishments during his eight years of service. He was presented with a Certificate of Appreciation. Mayor Geagan then recognized Bob Kriha as the newly appointed Fire Chief and administered the Oath of Office. Chief Kriha's family participated in the pinning. CONSENT AGENDA Councihnember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 18, 2003 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Torey Flategraff and Ryan Conley as part-time seasonal ice supervisors at the Civic Arena. 2. It was recommended to approve the hiring of Brian Polkowski, Bill Osborne, Noah Luncberg, Amanda Hanson, Nick Ortloff, Breana Mason, Dave Varpness, Jacob Knight, Kyle Nelson, Kyle Punton, Travis Knops and Jeremy Frost as part-time seasonal skate guards at the Civic Arena. 3. It was recommended to approve the hiring of Rachel Carlin, Denise Hall, Lindsey Taylor, Ashley Germond, Megan Hamling, Lisa Stolberg, Leah Johnson, Amanda Barse and Tania Shell as part- time seasonal concessions workers at the Civic Arena. 4. It was recommended to approve the hiring of Rebecca Kruger as the Temporary Rental Coordinator for the Community Center. 5. It was recommended to approve the appointment of Rod Landgrebe as Commander of Fire Station #4 and Kevin Sorensen as Commander of Fire Station #5. 6. It was recommended to approve adjusting the second payroll deduction in December for City employees' share of the family health insurance premium to recognize the premium reduction by Medica for December 2003 premiums. 7. It was recommended to approve a resolution amending the City of Eagan's Flexible Spending Account Plan. C. Check Re isg tern. It was recommended to ratify the check registers dated November 20, 2003 and November 27, 2003 as presented. D. Commission Member Resi nag tion• It was recommended to acknowledge the resignation of Eagan Airport Relations Commission (ARC) member Michael Cook effective January 1, 2004. E. Obsolete Monitors. It was recommended to approve of the disposal of obsolete monitors. Eagan City Council Meeting Minutes December 1, 2003 Page 2 CRAFT F. Liquor Licenses. It was recommended to approve the renewals of existing liquor licenses for 2004, subject to review of applications, payment of fees and Police Department reviews. G. Corrective Plat. It was recommended to approve a Corrective Plat (Cedar Grove Parkway Addition) consisting of two lots located at the intersection of Cedar Grove Parkway and S9ilverBell Road, in the Northeast'/, of Section 19. H. Findings of Fact. It was recommended to confum the Findings of Fact, Conclusions and Resolutions of Denial of a request for variances to allow the garage to exceed the size of the house by 240 square feet, and the side walls of the garage to exceed 10 feet for a garage addition located at 1745 Sartell Avenue. I. State Historic Preservation Office. It was recommended to approve submission of a preliminary historic evaluation to SHPO for the Holz Farm property. J. PrJect 894. It was recommended to receive the Draft Feasibility Report for Project 894 (Coachman Land Company /Century Point and Donald Court -Street Improvements) and schedule a public hearing to be held on January 20, 2004. K. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lots 2 and 3, Block 1, Poppler Homesteads No. 2 and schedule a public hearing to be held on January 6, 2004. L. Appointment. It was recommended to approve the appointment of Water Resources Coordinator Eric Macbeth to the Black Dog Watershed Management Organization as Eagan's delegate for athree-year term effective January 1, 2004. PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2004 TRUTH-IN-TAXATION HEARING City Administrator Hedges discussed the proposed 2004 budget process. A Power Point presentation was given outlining the proposed budget and property tax levy. Mayor Geagan opened the public hearing. A representative of Pioneer Plastics discussed their business and asked for information regarding possible aid for tax relief. City Administrator Hedges suggested the company contact the Dakota County Assessor's office. Alice Krietz commended the Council for their work on the proposed budget and discussed information from the State regarding a flat tax. Joe Berry commended Council and staff for their work on the proposed budget. Discussed increased assessed property valuations. Councihnember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and set the 20041evy and budget considerations for the December 16, 2003 City Council meeting. Aye: 5 Nay: 0 VARIANCES -CITY OF EAGAN, PROJECT 851 TOWN CENTRE AREA - EAGAN AUTO MALL City Administrator Hedges introduced this item regarding a 10 foot sign setback variance for the sign located at the intersection of Pilot Knob Road and Duckwood Drive for the Eagan Auto Mall and a 20 foot parking setback Variance along Duckwood Drive at Pilot Knob Road and a two foot Variance from Town Centre Drive north of Duckwood for the multi tenant Eagan Auto Mall. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. S` Eagan City Council Meeting Minutes December 1, 2003 Page 3 q F~ Councihnember Maguire moved, Councihnember Tilley seconded a motion to approve a 10 foot sign setback Variance for the sign located at the intersection of Pilot Knob Road and Duckwood Drive for the Eagan Auto Mall, 1399 Town Centre Drive, subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. 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. Councilmember Maguire moved, Councihnember Fields seconded a motion to approve a 20 foot parking setback Variance along Duckwood Drive at Pilot Knob Road subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. 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. Councilmember Maguire moved, Councihnember Tilley seconded a motion to approve a two foot Variance from Town Centre Drive north of Duckwood for the multi tenant Eagan Auto Mall, 1399 Town Centre Drive; subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. 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. PROJECT 896, LAKESIDE ESTATES STREET OVERLAY City Administrator Hedges introduced this item regarding a street overlay project for Lakeside Estates. Assistant City Engineer John Gorder gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 896 (Lakeside Estates - Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 897, WILDERNESS PARK 2ND AND 3RD ADDITIONS STREET OVERLAY City Adnnistrator Hedges introduced this item regarding street overlay for Wilderness Park 2°d and 3`d Additions. Assistant City Engineer John Gorder gave a staffreport. Mayor Geagan opened the public hearing. One resident spoke expressing support for the project. There being no further public comment, Mayor Geagan closed the public hearing and fumed discussion back to the Council. Councihnember Tilley moved, Councihnember Maguire seconded a motion to approve Project 897 (Wilderness Park 2°d and 3rd Additions -Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 v Eagan City Council Meeting Minutes i~ December 1, 2003 (,J~ /~ Page 4 ^~ T MURPHY FARM 3Rn ADDITION (LOTS 18 AND 19, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced this item regarding a request for the vacation of public drainage and utility easements on Lots 18 and 19, Block 1, Murphy Farm 3`d Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easements on Lots 18 and 19, Block 1, Murphy Farm 3`d Addition subject to the receipt and recording of required replacement easements and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 YANKEE DRIVE, RIGHT OF WAY VACATION City Administrator Hedges stated the applicant has requested that the application for the right of way vacation be withdrawn at this time. Councilmember Maguire moved, Councilmember Tilley seconded a motion to accept the letter to withdraw the application for right of way vacation of Yankee Drive. Aye: 5 Nay: 0 OLD BUSINESS RECONSIDERATION OF VARIANCE - DUANE OLSON City Administrator Hedges discussed this item regarding a reconsideration of a request fora 2.5 foot Variance to the required maximum height of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road which was continued from the November 18, 2003 Council meeting. City Attorney Dougherty stated the notification process regarding this item is correct. Councilmember Tilley moved to approve the motion by Carlson and seconded by Fields to adopt Findings of Fact for Denial of a request fora 2.5 foot Variance to the required maximum height of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road in the NE '/4 of Section 34. There was no second to the motion. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny the motion made by Carlson and seconded by Fields to adopt Findings of Fact for Denial of a request fora 2.5 foot Variance to the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road in the I~TE '/4 of Section 34. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a request for a two foot Variance to the required maximum height of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road in the NE '/< of Section 34. Aye: 5 Nay: 0 At the end of the meeting, Duane Olson asked for clarification regarding the motion that was made approving a variance to allow a 6.5 foot fence in his front yard at 1250 CI~Road. It was noted that the motion had been made to approve a 2 foot variance and should have been a 2.5 foot variance. Councilmember Carlson moved, Councilmember Fields seconded a motion to clarify approval of a 2.5 foot variance to the required maximum height of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road in the NE'/e of Section 34. Aye: 5 Nay.• 0 6 Eagan City Council Meeting Minutes December 1, 2003 ~~ Page 5 T RECEIVE BIDS AND AWARD SALE OF $2,040,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A City Administrator Hedges introduced this item regarding the sale of General Obligation Refunding Bonds. Dave MacGillivray of Springstead presented information regarding the bids. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve the resolution awarding the sale of $2,010,000 General Obligation Refunding Bonds, Series 2004A. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT -CROSSTOWN SIGN, INC City Administrator Hedges introduced this item regarding a request for a Conditional Use Pemut to allow construction of a pylon sign on property located at 4025 Old Sibley Memorial Highway. City Planner Ridley gave a staff report. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a Conditional Use Permit to allow construction of a pylon sign on property located at 4025 Old Sibley Memorial Highway (Lot 1, Block 1, S & W Industrial Acres) in the SW '/< of Section 19, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Pemut shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Sign Permit shall be obtained from the City prior to installation of the new pylon sign. 3. The existing off-site sign in violation of City Code shall be removed from the right-of--way prior to installation of the pylon sign. 4. The existing pylon sign shall be removed prior to installation of the new pylon sign. 5. The new pylon sign shall be located at the northeast corner of the property, as shown on the site plan dated October 13, 2003. 6. The pylon sign shall be setback a minimum of 10' from all property lines. 7. The pylon sign shall not be located within any easement areas. 8. The pylon sign shall not exceed 25' in height or 125 square feet in area. CONDITIONAL USE PERMIT AND VARIANCE -REALTY DESIGNS INC. City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for a pylon sign and a Variance of ten feet to the sign setback requirement located at 3902-3938 Cedar Grove Parkway. City Planner Ridley gave a staff report. Applicant, Richard Fitzgerald, presented a drawing of a modified sign and discussed the proposed location. After discussion, Councilmembers agreed it would behoove them to see information regarding the location of a future traiUretaining wall, possible easement encroachment and likely impact to existing trees before deciding on the issues related to sign design and location. Councilmember Carlson moved, Councihnember Maguire seconded a motion to continue consideration of a Conditional Use Permit for a pylon sign, and a variance to the sign setback requirement located at 3902-3938 Cedar Grove Parkway to the December 16, 2003 City Council meeting. WAIVER OF SUBDIVISION - AARBOR HOMES, INC. City Administrator Hedges introduced this item regarding a request for a waiver of subdivision to move the property line between Lots 18 and 19, Block 1, Murphy Farm 3`d Addition. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes ®~ December 1, 2003 Page 6 /C~ Councihnember Tilley moved, Councihnember Fields seconded a motion to approve a Waiver of Platting to move the property line between Lots 18 and 19, Block 1, Murphy Farm 3`d Addition, located at 1623 and 1627 Harbour Point; subject to the following conditions: Aye: 5 Nay: 0 Within 60 days following City Council approval of the Waiver, the applicant shall file with the County Auditor a tot combination agreement to combine 18 with the small portion of Lot 19, Block 1, Murphy Farm 3`d Addition, for tax purposes, and proof of the filing shall be submitted to the City. A five foot public drainage and utility easement along each side of the new property line shall be created by separate document in a form acceptable to the City Attorney and recorded with the Lot Combination Agreement. CONDITIONAL USE PERMIT -CITY OF EAGAN City Administrator Hedges introduced this item regarding a conditional use permit to allow construction of a 10' tall brick screening wall for the northern Natural Gas Pressure Reducing Station on property located at 3409 Coachman Road. City Planner Ridley gave a staff report. Councihnember Maguire moved, Councilmember Tilley seconded a motion to approve a Conditional Use permit to allow construction of a 10' tall brick screening wall for the Northern Natural Gas Pressure Reducing Station on property located at 3409 Coachman Road in the NW '/o of Section 16, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Building Permit shall be obtained from the City prior to further construction or completion of the wall to verify minimum building safety standards. 3. The wall shall not exceed 10' in height. 4. The wall shall not exceed the dimensions of the 70' x 80' easement allowed for the pressure reducing station facility. 5. All appropriate safety and warning signs shall be placed at both entrance/exit gates. 6. All signage must meet code requirements. ORDINANCE AMENDMENT -CHAPTER 10, SECTION 10.11 OF THE EAGAN CITY CODE ENTITLED DOG AND CAT REGULATION AND DOG LICENSING City Administrator Hedges discussed this item regarding an ordinance amendment regarding the need to correct typographical errors, to add language that was inadvertently omitted and to clarify existing language to Chapter 10, Section 10.11, Subdivision 1. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an ordinance amendment to Chapter 10, Section 10.11 entitled Dog and Cat Regulation and Dog Licensing. Aye: 5 Nay: 0 Councihnember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 8:25 p.m. and immediately convene a meeting of the Economic Development Authority. Councihnember Fields moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 8:30 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. g Eagan City Council Meeting Minutes December 1, 2003 /~ Page 7 ~~` T f ADJOURNMENT Councihnember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:35 p.m. Aye: 5 Nay: 0 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. 9 Agenda Information Memo December 16, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Guest Services Rep/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Kari Johnson as a part-time guest services rep at the Community Center. Item 2. Resignation/Street Maintenance Worker-- ACTION TO BE CONSIDERED: To accept the retirement of John Kxeager, Street Maintenance Worker. FACTS: For the Council's information, Mr. Kreager is retiring after more than 33 years of employment with the City of Eagan. Item 3. Resignation/Part-time Clerical Tech 3/Police-- ACTION TO BE CONSIDERED: To accept the resignation of Jan Scott, part-time Clerical Tech Sin the Police Department. Item 4. 2004 Compensation/Non-Collective Bargaining Employees ACTION TO BE CONSIDERED: To approve the following: a) For regular non-collective bargaining employees, a compensation rate increase of 2.5% across the board effective the payroll period closest to January 1, 2004. b) Compensation rates for temporary, non-collective bargaining employees maybe increased from 0% to a maximum of 2.5%. c) Car expense allowances for Department Heads will be increased by 2.5%. d) Mileage will be set at the IIZS rate (the 2004 rate is 37.5¢ a mile). If the IRS increases or decreases this amount, the City's amount will automatically adjust to the new rate. e) The City's contribution for family health insurance premiums will increase by half the total dollar increase to the balanced rate for 2004. f) Cascade Bay seasonal compensation plan will be expanded to add step increases for 6-9 years per pay range. FACTS: ^ These items are traditionally approved formally by the Council at the second regular City Council meeting in December for the following year. ^ All of the above actions are included in the 2004 budget. /O Agenda Information Memo December 16, 2003 Eagan City Council Meeting Item 5. Cell Phone ACTION TO BE CONSIDERED: To approve the provision of a City owned cell phone for the Mayor for City business reasons only. FACTS: ^ Due to the nature of his employment and personal schedule, the Mayor conducts considerable City business through use of his personal cell phone. ^ To date, he has been reimbursed by the City for the charges for City business portions of his bill, a process which has become cumbersome for both the Mayor & staff. ^ Therefore, staff is recommending that the City provide the Mayor with a City owned cel l phone to be used for City business only. ^ The City would own and pay all related costs of the cell phone dedicated to City business. Item 6. Health Care Savings Plan/Revisions & Additions ACTION TO BE CONSIDERED: To approve revisions to Article 38.2 of the City's Personnel Policy describing the individual groups included in the City Health Care Savings Plan (HCSP) and to approve the addition of sections 38.8 (Individual Plan for FLSA Non-Exempt Non-Collective Bargaining employees, Compensation Ranges J-K, who are scheduled to work thirty or more hours per week) and 38.9 (Individual Plan for FLSA Exempt Non-Collective Bargaining Employees, Compensation Ranges A-H). FACTS: Staff is recommending expanding the number of groups, which may individually determine whether and how to participate in an HCSP, in order to make the membership of each of the groups less diverse than previously formatted. In addition to already approved individual plans, two of the revised groups have decided to also participate in the plan and have selected the HCSP provisions for their groups' plans. Staff anticipates presenting additional groups' plans to the Council for formal approval in the future.. ATTACHMENTS: Attached on page is a copy of revised Section 38.2 of the Personnel Policy relating to the make up of the various HCSP groups. Attached on pages ~ through ,~_are copies of the proposed Personnel Policy Additions for the FLSANnn-Exempt Non-Collective Bargaining employees, Compensation Ranges J-K, who are scheduled to work thirty or more hours per week Group and the FLSA Exempt Non-Collective Bargaining Employees, Compensation Ranges A-H Group. // SECTION THIRTY-EIGHT HEALTH CARE SAVING PLAN 38.1 Regular employees of the City of Eagan may participate in a Health Care Savings Plan (HCSP) as members of specific employee groups. 38.2 The specific groups are: a. Department Directors b. FLSANon-Exempt Non-Collective Bargaining Employees, Compensation Ranges A-F, who are scheduled to work thirty or more hours per week c. FLSA Non-Exempt Non-Collective Bargaining Employees. Compensation Ranges G-I, who are scheduled to work thirty or more hours per week d. FLSA Non-Exempt Non-Collective Bargaining Emplovees, Compensatioh Ranges J-K, who are scheduled to work thirty or more hours per week e. FLSA Exempt Non-Collective Bargaining Employees, Compensation Ranges A-H f. FLSA Exempt Non-Collective Bar ag fining Employees, Compensation Ran eg_ s I-K. ' g. FLSA Exempt Non-Collective Bargaining Employees, L-O, h. Clerical Collective Bazgaining Unit i. Dispatcher Collective Bargaining Unit j. Public Works/Pazks Maintenance Collective Bargaining Unit k. .Police Collective Bargaining Unit 1. Sergeants' Collective Bargaining Unit 38.3 Each group will separately determine whether the group wishes to participate in a HCSP. 38.4 If a group chooses to participate, the group will determine the standard amount and type of contribution every employee in that group will make. /~ 38.8 FLSANnn-Exempt Non-Collective Bargaining Employees, Compensation Ranges J-K, who are scheduled to work thirty or more hours per week. 38.8.1 Salary Deduction: 1 % of an employee's gross salary will be allocated to the Health Care Savings Plan (HCSP). 38.8.2 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.8.3 Plan Provisions: This group's HCSP shall be reviewed by the group every two yeazs. 38.8.4 Effective Date: The plan will go into effect on the first paycheck of January 2004. /3 38.9 FLSA Exempt Non-Collective Bargaining Employees, Compensation Ranges A-H 38.9.1 Salary Deduction: $20/pay period will be deducted from each employee's pay check (pre-tax) and allocated to the Health Care Savings Plan (HCSP). 38.9.2 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.9.3 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 38.9.4 Effective Date: The plan will go into effect on the first paycheck of January 2004. /~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 4, 2003 and December 11, 2003 as presented. ATTACHMENTS: • Check registers dated December 4, 2003 and December 11, 2003 are enclosed without page number. /S AGENDA MEMO DECEMBER 16, 2003 CONSENT AGENDA: D. 2004 Trash Hauler Licenses ACTION TO BE CONSIDERED: Approve 2004 Trash Hauler Licenses per recommendation of staff. FACTS: • All application requirements for renewal of trash hauler licenses have been met • Approval of four licenses noted by * is subject to approval at the time of insurance certificate submittal • All renewal fees have been paid • Staff deems the licenses in order for approval ATTACHMENTS: • The list of trash hauler license applications is attached as pages through ~. /6 2004 LICENSED TRASH HAULER LIST NAME & LICENSE NUMBER # OF TRUCKS TH-0752-0753/04 Capital Waste System 663 Maple Park Dr. Mendota Heights, MN 55118 651-755-6355 Construction/Demo TH-00754/04 Mac's Roll-Off Service, Inc. 2820 E. 55~' St. Minneapolis, MN 55417 612-290-3500 Construction/Demo TH-0755-0756/04 Adex Group, Inc. d.b.a. 1-800-Got Junk? 13823 Firelight Way Apple Valley, MN 55124 952-997-2837 2 1 2 TH-0757-0759/04 Haul-Tech Services 3 7675 W. Highway 13 Savage, MN 55378 952-890-9616 CommerciaUMultiple Dwelling / Construction/Demo TH-0760/04 Schill's Dumpster Service, Inc. 1 2876 Innsdale Ave. Lake Elmo, MN 55042 612-363-3273 Construction /Demo TH-0761/04 LePage & Sons, Inc. 1 613 111 in Ave. NE Blaine, MN 55434 612-285-9399 Construction /Demo TH-0762-0778/04 Dick's Sanitation Service, Inc. 17 P.O. Box 769 Lakeville, MN 55044 952-469-2239 Construction/Demo / Commercial/Multiple Dwelling /Residential /~ TH-0769-0831/04 Waste Management Services 53 12448 Pennsylvania Ave. S. Savage, MN 55378 952-882-2356 Residential / CommerciallResidential / Construction/Demo TH-0832-0842/04 11 Randy's Sanitation P.O. Box 169 Delano, MN 55328 763-972-3335 Commercial/Multiple Dwelling / Construction/Demo TH-0843-0846/04 Alpha Construction Services 6580 135`}' St. W. Apple Valley, MN 55124 952-432-7616 Construction/Demo TH-0847-0848/04 JME of Monticello 1401 Fallen Avenue Monticello MN 55362 763-295-3122 Construction/Demo TH-0849-0855/04 Tennis Sanitation, LLC 720 4~' Street St. Paul Park, MN 55071 651-459-1887 Residential / Construction/Demo TH-0856/04 Walters Recycling and Refuse P.O. Box 67 Circle Pines, MN 55014 763-210-5009 Construction /Demo TH-0857-0860/04 4 2 7 1 Henningsen Construction Service, Inc. 4 13926 Duluth Court Apple Valley, MN 55124 952-322-4070 Construction /Demo /b TH-0861-0866/04 Keith Krupenny & son Disposal Service, Inc. 6 1214 Hall Avenue West St. Paul, MN 55118 651-457-3680 Construction /Demo TH-0867/04 All-Star Disposal, Inc. 7845 E. Boyd Court Inver Grove Heights, MN 55076 651-455-4941 Construction/Demo TH-0868-0870/04 Total Sanitation Service, Inc. 6417 Penn Avenue S. #7 Richfield, MN 55423 612-861-2575 Construction/Demo TH-0871-0873/04 Viet Container Corp. 14000 Veit Place Rogers, MN 55374-9583 763-428-2242 Construction /Demo 1 3 3 TH-0874-0899/04 BFI Waste Systems 26 4325 E. 66~' Street Inver Grove Heights, MN 55076 651-286-4571 Residential /Commercial/Multiple Dwelling / Construction/Demo TH-0900-0904/04 Twin City Refuse Recycling 318 W. Water Street St. Paul, MN 55107 651-227-1549 Construction/Demo TH-0905/04 The Buckingham Companies 5980 Credit River Road Prior Lake, MN 55372 952-226-6442 Construction/Demo 5 1 /9 TH-0906-0910/04 Armor Waste Systems 5 3291 Terminal Drive Eagan, MN 55121 612-686-5675 Commercial/Multiple Dwelling / Construction/Demo TH-0911-0916/04 Aspen Waste Systems 2951 Weeks Avenue SE Minneapolis, MN 55414 612-884-8000 Construction/Demo TH-0917-0921/04 Lightning Disposal 1725 Meadow View Road Eagan, MN 55121 651-457-4434 Construction/Demo TH-0922-0924/04 Nitti Sanitation 1725 Meadow View Road Eagan, MN 55121 651-457-7497 Residential TH-0925-0927 Lloyds Construction 7207 W. 128th Street Savage, MN 55378 952-746-5832 Construction /Demo *TH- Waste Technology 8424 Noble Ave. No. Brooklyn Park, MN 55443 612-532-1151 Construction/Demo *TH- Haugen's 7386 31St Street Buffalo, MN 55313 763-477-4120 Construction/Demo 3 5 3 3 2 3 ao *TH- Triangle Rubbish 1881 So. Lexington Avenue South Mendota Heights, MN 55118 651-454-1848 Residential / Commercial/Multiple Dwelling *TH- Dan's Container Service Box 87 Newport, MN 55055 651-459-6756 Construction/Demo ai 6 AGENDA MEMO DECEMBER 16, 2003 CONSENT AGENDA: E. 2004 Tree Contractor Licenses ACTION TO BE CONSIDERED: Approve 2004 Tree Contractor Licenses per recommendation of staff. FACTS: All application requirements for renewal of tree contractor licenses have been met All renewal fees have been paid Staff deems the licenses in order for approval ATTACHMENTS: • The list of tree contractor license applications is attached as pages ~ through a~ 2004 LICENSED TREE CONTRACTOR LIST NAME & LICENSE NUMBER TC-001/04 Miller Tree Service Robert L. Miller -Owner 6825 Craig Court Inver Grove Heights, MN 55076 651-210-0781 TC-002/04 Collins Tree Service Randy Collins -Owner 7377 154' Street W. Prior Lake, MN 55372 952-447-7316 TC-003/04 S & S Tree & Ilorticultural Specialists, Inc. Steve Sylvester -Owner 405 Hardman Ave. So. 5t. Paul, MN 55075 651-451-8907 TC-004/04 The Davey Tree Expert Company 2500 Fernbrook Lane North Plymouth, MN 55447-4689 763-553-9740 TC-005/04 Lawrence Tree Removal Gordon Lawrence -Owner 3363 E. 170' Street Rosemount, MN 55068 651-423-1628 TC-006/04 Shorewood Tree Service, LLC Randy Schwerin -Owner 14015 County Road 122 Watertown, MN 55388-9390\ 952-955-3018 a3 TC-007/04 R & R Tree Experts Robert Shaffer -Owner 24546 Cedar Point Road New Prague, MN 56071 952-758-3484 TC-008/04 M. C. Tree Service Mike Conboy -Owner 22285 Albatross Circle Farmington, MN 55024 651-469-3907 TC-009/04 Roggenbuck Tree Care 2255 Dakota Avenue Lakeville, MN 55044 612-636-1442 a~ AGENDA MEMO DECEMBER 16, 2003 CONSENT AGENDA: F. 2004 Commercial Fertilizer Licenses ACTION TO BE CONSIDERED: Approve 2004 Commercial Fertilizer Licenses per recommendation of staff. FACTS: • All application requirements for renewal of commercial fertilizer licenses have been met All renewal fees have been paid Staff deems the licenses in order for approval ATTACHMENTS: • The Iist of commercial fertilizer license applications is attached as pages o through ~. ~S 2004 COMMERCIAL FERTILIZER LIST NAME & LICENSE NUMBER CF-001/04 Hope & Adler, Inc. dba New Frontier Lawn Care Jeff Adler -Business Contact 2500 W. County Road 42, warehouse 5 & 6 P. O. Box 2040 Burnsville, MN 55337 952-892-7113 CF-002/04 Professional Turf, Inc. dba Pro Turf Dave Peller -Business Contact 7780 West 215th Street Lakeville, MN 55044 952-469-8680 CF-003/04 The Davey Tree Expert Company Steve Kuefler & Pat Bloomfield -Business Contacts 2500 Fernbrook Lane No. Plymouth, MN 55447-4733 763-553-9740 CF-004-04 S & S Tree & Horticultural Specialists, Inc. Chuck Madsen -Business Contact 405 Hardman Ave. So. St. Paul, MN 55075 651-451-8907 CF-005/04 Total Lawn Care Maintenance, Inc. Tim & Diane Rechtzigel -Business Contacts 3099 E. 65th Street Inver Grove Heights, MN 55076 651-450-6228 CF-006/04 Living Green Lawn Care Jose A. Juarez -Business Contact 1310 Laurel Avenue St. Paul, MN 55104 651-646-1280 a6 NAME & LICENSE NUMBER CF-007/04 AAA Lawn Service 15208 County Road 5 Burnsville, MN 55306 952-435-2892 CF-008/04 Guaranteed Spray, Inc. 7605 Equitable Drive #100 Eden Prairie, MN 55344 952-941-2900 CF-009/04 Weed Man 6846 Washington Ave. S. Eden Prairie, MN 55344 952-826-9696 ~~ AGENDA MEMO DECEMBER 16, 2003 CONSENT AGENDA: G. 2004 Pet Shop and Kennel Licenses ACTION TO BE CONSIDERED: Approve 2004 Pet Shop and Kennel Licenses per recommendation of staff. FACTS: • All application requirements for renewal of pet shop and kennel licenses have been met All renewal fees have been paid Staff deems the licenses in order for approval ATTACHMENTS: • T e list of pet shop and kennel license applications is attached as pages ~through~ . ~~ PET SHOP LICENSES 2004 PS-001/04 Petsmart, Inc. 1297 Promenade Place Eagan, MN 55122 651-452-1140 PS-002/04 Wet World 3390 Coachman Road Ste. #212 Eagan, MN 55121 PS-003/04 Petco #628 1296 Towne Center Drive Eagan, MN 55123 651-686-9933 PS-004/04 Wal-Mart Stores, Inc. 1360 Town Centre Dr., Eagan, MN 55123 651-686-7428 a9 KENNEL LICENSES 2004 K-001/04 Peanut's Place, Inc. 1248 Town Centre Drive Eagan, MN 651-686-1056 K-002/04 Angel's Pet Sanctuary 4940 Dodd Road Eagn, MN 55123 ~30 AGENDA MEMO DECEMBER 16, 2003 CONSENT AGENDA: H. 2004 Tobacco Licenses ACTION TO BE CONSIDERED: Approve 2004 Tobacco Licenses per recommendation of staff. FACTS: All application requirements for renewal of tobacco licenses have been met All renewal fees have been paid Staff deems the licenses in order for approval ATTACHMENTS: • The list of tobacco license applications is attached as pages ~ through. 3/ 2004 TOBACCO LICENSES Name and License Number T-001/04 Green Mill Eagan 1940 Rahncliff Court Eagan, MN 55122 320-235-7207 T-002/04 ConocoPhillips Company (Duckwood 66) 3575 Pilot Knob Road Eagan, MN 55122 651-452-4836 T-003/04 Cedar Cliff BP 4600 Slater Road Eagan, MN 55122 651-894-5330 T-004/04 E&M Liquor 345 Maple Island Road Burnsville, MN 55306 320-235-7207 T-005/04 Tobacco Warehouse 2149 Cliff Road Eagan, MN 55121 952-380-1231 T-006/04 Kwik Trip, Inc. 3145 Dodd Road Eagan, MN 55122 651-405-8543 T-007/04 Eagan EZ Stop 4195 Nicols Road Eagan, MN 55122 612-331-9344 T-008/04 Cedarvale Texaco Food Mart 3830 Sibley Memorial Highway Eagan, MN 55122 651-681-1488 T-009!04 Awe Vending & Amusements (selling at Casper's Sports Bar) 4625 Nicols Rd. Eagan, MN 55122 651-698-5591 T-010/04 LaFonda de los Lobos 3665 Sibley Memorial Highway Eagan, MN 651-645-1111 T-011/04 SuperAmerica #4049 4200 East Highway 13 Eagan, MN 651-890-2495 3a T-012/04 SuperAmerica #4182 1406 Yankee Doodle Road Eagan, MN 651-452-9853 T-013/04 SuperAmerica #4335 1379 Town Center Drive Eagan, MN 651-688-2870 T-014/04 SuperAmerica #4464 2250 Cliff Road Eagan, MN 651-882-9908 T-015/04 Walgreens #01773 1278 Town Center Dr. Eagan, MN 55122 651-452-2839 T-016/04 Walgreens #02766 2010 C1iffRoad Eagan, MN 55122 651-686-6695 T-017/04 Walgreens 305081 4220 Lexington Ave. S. Eagan, MN 55123 651-686-7377 T-018/04 Starks Saloon 3125 Dodd Rd. Eagan, MN 55122 651-454-8251 T-019/04 Eagan Citgo 4205 Nicols Road Eagan, MN 55122 651-452-0988 T-020/04 Byerly's Wines & Spirits 1299 Promenade Place Eagan, MN 651-927-3663 T-021/04 Blackhawk Liquor 4130 Blackhawk Road Eagan, MN 55122 651-686-4612 T-022/04 Cedarvale Bowl, Inc. 3883 Cedar Grove Parkway Eagan, MN 55122 651-452-7520 T-023/04 Cub Foods 1940 Cliff Lake Road Eagan, MN 55122 b51-454-4604 T-024/04 Lost Spur Golf Course 2750 Sibley Memorial Highway Eagan, MN 55121 651-454-5681 ,3.3 T-025/04 Wal-Mart Store #1786 1360 Town Centre Dr. Eagan, MN 55123 T-026/04 Sam's Club #4738 3035 Denmark Avenue Eagan, MN 55121 651-405-0079 T-027/04 Cellars Wines & Spirits of Eagan, Inc. 2113 Cliff Road Eagan, MN 55122 651-405-6681 T-028/04 PDQ Food Store #214 4198 Pilot Knob road Eagan, MN 55123 608-836-3335 T-029/04 Boji Wine & Spirits 1983 Silver Bell Road Eagan, MN 55122 651-848-0524 T-030/04 Comer's Lone Oak Liquors 3090 Courthouse Lane Eagan, MN 651-994-0534 T-031/04 MGM Liquor Warehouse 4182 Pilot Knob Road Eagan, MN 651-473-2719 T-032/04 Yocum's Holiday #3831 1579 Cliff Road Eagan, MN 55122 651-770-8651 T-033/04 McG's, Inc. 1969 Silverbell Road Eagan, MN 55122 651-452-6413 T-034/04 Perrier Wines & Liquors 1960 Cliff Lake Road #101 Eagan, MN 651-452-7420 T-035/04 Joe Senser's of Eagan, Inc. 3010 Eagandale Place Eagan, MN 55121-2118 651-687-9333 T-036/04 Tobacco Outlet, Inc. 1430 Yankee Doodle Rd. Eagan, MN 55120 651-454-2475 35~ T-037/04 Byerly's 1299 Promenade Place Eagan, MN 952-927-3663 T-038/04 Holiday Stationstore #68 1065 Diffley Road Eagan, MN 651-452-1194 T-039104 Holiday Stationstore #232 4595 Nicols Road Eagan, MN 651-454-0267 T-040/04 Holiday Stationstore #247 3615 Pilot Knob Road Eagan, MN 55122 651-683-9936 T-041/04 Holiday Stationstore #318 3044 Holiday Lane Eagan, MN 55121 651-365-0275 T-042/04 Houlihan's Restaurant and Bar 1294 Promenade Place Eagan, MN 952-294-5100 T-043/04 Pro Stop Service Center 850 Lone Oak Road Eagan, MN 55121 651-688-9299 T-044/04 Tom Thumb #273 1815 Diffley Rd. Eagan, MN 55121 651-437-9023 T-045/04 Big Top Wine & Spirits 1284 Town Centre Drive, Suite 110 Eagan, MN 55123 651-681-1916 T-046/04 Oasis Market #375 1424 Yankee Doodle Road Eagan, MN 651-452-9161 T-047/04 Oasis Market #518 3390 Coachman Rd. #202 Eagan, MN 651-688-2001 T-048/04 Oasis Market #576 3150 Dodd Road Eagan, MN 651-452-9161 T-049/04 Oasis Market #590 4250 Lexington Avenue South Eagan, MN 651-452-9161 ~~ T-050/04 Oasis Market #594 1286 Lone Oak Road Eagan, MN 651-452-9161 T-051/04 Oasis Market #5677 4206 Nicols Road Eagan, MN 651-452-9161 ~36 Agenda Information Memo December 16, 2003 I. APPROVE OFF-SALE LIQUOR LICENSE FOR CAWV OAB ZIB DBA LONE OAK LIQUORS ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Cawv Qab Zib, dba Lone Oak Liquors (formerly Comer's Lone Oak Liquors), 3090 Courthouse Lane subject to final approval by the Police Department and staff. FACTS: • Tony Xiong and Betty Yang have applied for anoff--sale liquor license with the City of Eagan. The two partners will be operating Cawv Qab Zib under the name Lone Oak Liquors. • The off-sale will be located at 3090 Courthouse Lane, Unit #2 in the Oakview Plaza. • Shannon Comer, the current owner, is selling the establishment to Mr. Xiong and Ms. Yang. The closing date for the sale is set for January 5, 2004. • The required documents are being reviewed by staff and the Police Department and the Police Department is completing the investigations on the two owners. • The application should be approved subject to fmal approval by the Police Department and staff. 37 Agenda Information Memo December 16, 2003 J. APPROVE CHANGE IN MANAGEMENT ON LIQUOR LICENSE AT CUB FOODS ACTION TO BE CONSIDERED: To approve a change in management at Cub Foods located at 1940 Cliff Lake Road. FACTS: A change in management has occurred at Cub Foods. The new manager, Elaine Manovich, has completed the necessary forms and paid the appropriate investigation fee. The Police Department has conducted an investigation of the new manager and finds no reason for denial. 3~' Agenda Information Memo December 16, 2003 Eagan City Council Meeting K. APPROVE WETLAND REPLACEMENT PLAN - LUNDGREN BROTHERS, TERRA GLENNA AND BLUE CROSS BLUE SHIELD IMPACTS ACTION TO BE CONSIDERED: Approve wetland replacement plan by Lundgren Brothers Construction for wetland impacts of the proposed Terra Glenn subdivision and for deposit into a City of Eagan wetland bank account. FACTS: • On June 17, 2003, the City Council authorized: 1) construction of the North Water Treatment Plant expansion and a connector road from Coachman Road to the Blue Cross Blue Shield of Minnesota (BCBSM) property, 2) impacts to a wetland (City Pond CP-2) from the road construction, and 3) a land acquisition purchase agreement between the City and BCBSM. • Language of the Acquisition and Construction Agreement executed on June 17, 2003 between the City and BCBSM is provided in the attachment: • Connector road construction caused .245 acres of wetland impact, which the City replaced by withdrawing .49 acres (a 2:1 basis) from its wetland bank account. • Lundgren Brothers Constriction is proposing a residential subdivision on the BCBSM property. This project would fill a 2,574 square-foot wetland. Lundgren Brothers proposes creating new wetland to replace these impacts and bank credits withdrawn for the impacts to City Pond CP-2, for which BCBSM is responsible. • On November 17, 2003, the APrC adopted a motion recommending City Council approve the proposed wetland replacement and monitoring plan, allowing the developer to fi112,574 sq ft of wetland and create at least 13,233 square feet of new wetland credit and at least 13,233 square feet of public value credit. • This motion is subject to assurance that the proposed wetland replacement area is accepted by the Board of Water and Soil Resources as a City of Eagan wetland bank account, and subject to full accordance with standards and provisions of the Minnesota Wetland Conservation Act. ATTACHMENTS: • Acquisition and Construction Agreement, pg ~. 39 Attachment :Acquisition and Construction Agreement .WETLAND REPLACEMENT Construction of the Connector Road will require that wetlands currently located with the City's proposed Right of Way Easement be filled. The City intends to use existing credits with the State wetland bank to fulfill the wetland replacement requirements. The City and BCBSM agree to obtain all permits and consents necessary to allow BCBSM to establish replacement wetland bank credits on behalf of the City, which wetland replacement bank must establish the same number of wetland credits used by the City to fill the wetland within the City's proposed Right of Way. All costs and expenses associated with filling the currently existing wetlands located within the City's proposed Right of Way shall be paid by the City. All costs and expenses associated with completing the Wetland Replacement to the Minnesota Board of Water and Soil Resources shall be paid by BCBSM. The covenants, representations and warranties contained in this Article 4 shall survive the Vacant Parcel Transfer Date. y~o Agenda Information Memo December 16, 2003 Eagan City Council Meeting L. APPROVE PROPOSED GUN CLUB LAKE WMO MEMORANDUM OF UNDERSTANDING ACTION TO BE CONSIDERED: Approve memorandum of understanding proposed by the Gun Club Lake Watershed Management Organization for the City of Eagan to provide administrative services. FACTS: • In the mid 1980s, the Gun Club Lake Watershed Management Organization (GCLWMO) was established by joint powers agreement between the cities of Eagan, Mendota Heights, and Inver Grove Heights. • Until a recent change in state law, staff from member cities served on the GCLWMO's board of managers. Staff can no longer serve on such boards, so cities have appointed residents to represent them-three board managers are from Eagan, and there is one manager from each of the other two member cities. • For the past year since its transition to a non-staff board of managers, the organization has been conducting its business with administrative support from the City of Eagan, which formally chaired and coordinated the GCLWMO. • At its December 3, 2003 meeting, the WMO board unanimously adopted a motion to propose a memorandum of understanding with the City of Eagan in order to formalize the administrative services provided the organization (see attachment). • The services proposed to be provided by the City are consistent with historical services provided by the City. • This item will be reviewed by the Advisory Parks Commission on December 15, 2003. Attachment: • Proposed Memorandum of Understanding, pg ~- ~~ ~`~ MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING entered into this day of , 2003, by and between the CITY OF EAGAN and the GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION ("Gun Club Lake WMO"). RECITALS A. The Gun Club Lake WMO is a Joint Powers Watershed Organization formed by the cities of Eagan, Inver Grove Heights, and Mendota Heights pursuant to authority conferred upon the Cities by Minn. Stat. §§471.59 and 103B.211. B. Pursuant to the Joint Powers Agreement, the Gun Club Lake WMO may employ such persons as it deems necessary to accomplish its duties and powers. C. Pursuant to the Joint Powers Act, the Gun Club Lake WMO may make contracts, incur expenses, and make expenditures necessary and incidental to the effectuation of its purposes and powers. D. In order to provide for the responsible management and administration of its duties and responsibilities, the Gun Club Lake WMO wishes to contract with the City of Eagan for personal services, and the City of Eagan is willing to provide those services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. ADMINISTRATIVE SERVICES. The City of Eagan will assign a staff member to serve as Administrator of the Gun Club Lake WMO, and provide additional assistance to that individual necessary for the efficient execution of the duties contemplated by this Memorandum of Understanding. 2. DUTIES OF ADMINISTRATOR. The person assigned by the City of Eagan as Administrator for the Gun Club Lake WMO shall coordinate and assist in the preparation of meeting agendas and materials, grant application and related documents, consultant contracts and work assignments, planning and ~~ capital projects, and other activities authorized by the Gun Club Lake WMO Board. 3. CONFLICTS WITH CITY OF EAGAN RESPONSIBILITIES. It is understood by the parties to this agreement that the person assigned as Administrator may be assigned conflicting duties and responsibilities from the Gun Club Lake WMO Board and the City of Eagan that may necessitate the adjustment of schedules or expectations. Conflicts of this nature shall be resolved to the extent practical by the person assigned, but in other eventuality through communications between the Gun Club Lake WMO Board Chair and the City of Eagan staff person's supervisor (or City Administrator). 4. COSTS AND EXPENSES. The City of Eagan will periodically bill the Gun Club Lake WMO for its costs in providing these personal services in accordance with a fee schedule established by the City of Eagan, which shall be provided to the Gun Club Lake WMO. To the extent practical, the City of Eagan shall also provide an estimate in advance of the annual expected costs to allow the Gun Club Lake WMO to appropriately budget for the projected expenditures. 5. TERM. This Agreement shall terminate upon either of the parties providing 60 days written notice to the other of its intent to terminate this Agreement. 6. EFFECTIVE DATE. This Agreement shall be effective upon its approval and execution by the City of Eagan and the Gun Club Lake WMO. CITY OF EAGAN GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION BY: BY: Its Mayor Its Chairperson AND AND Its Administrator Its Secretary ~3 Agenda Information Memo December 16, 2003 Eagan City Council Meeting M. APPROVE PROPOSED 2004 ENTERPRISE FUND BUDGETS, INCLUDING WATER SANITARY SEWER STREETLIGHTING, STORM DRAINAGE, WATER QUALITY, CIVIC ARENA, CASCADE BAY, AND COMMUNITY CENTER ACTION TO BE CONSIDERED: Approve the proposed 2004 budgets for the four Enterprise Funds: Public Utilities (Water, Sanitary Sewer, Streetlighting, Storm Drainage, and Water Quality), Civic Arena, Aquatic Facility (Cascade Bay), and Community Center. FACTS: • The City Council has previously reviewed all Enterprise Fund budgets. For those budgets wherein the Council directed changes to be made, the attached summaries reflect those changes. • User fees support all of these budgets. ATTACHMENTS: • Enclosed on page ~.~ is the Public Utilities Fund revenues and expenses summary. • Enclosed on page ~~ is the Civic Arena revenues and expenses summary. • Enclosed on page ~ is the Aquatic Facility revenues and expenses summary. • Enclosed on page ~ is the Community Center revenues and expenses summary. S~~ Public Utilities Fund 2004 Budget Revenue and Expense Summary Sanitary Street Storm Water Water Sewer Lighting Drainage Quality TOTALS Revenues: Service charges $ 3,735,300 $ 4,617,300 $ 424,700 $ 285,400 $ 665,900 $ 9,728,600 Connection permits 14,000 14,000 - - - 28,000 Meter sales 60,000 - - - - 60,000 Other 5,800 - - - 43,000 48,800 Total revenues 3,815,100 4,631,300 424,700 285,400 708,900 9,865,400 Operating expenses: Personal services 767,400 405,300 - 40,700 209,800 1,423,200 Supplies, repairs, maint. 180,900 38,200 - 21,450 57,200 297,750 Other services & charges 1,241,000 586,600 409,100 113,100 113,600 2,463,400 Merchandise for resale 53,000 - - - - 53,000 Capital outlay - - - 62,000 181,500 243,500 MCES disposal charges - 3,209,700 - - - 3,209,700 Total operating exp 2,242,300 4,239,800 409,100 237,250 562,100 7,690,550 Net income before depreciation & debt svc 1,572,800 391,500 15,600 48,150 146,800 2,174,850 Depreciation (1,272,600) (570,600) (31,200) (111,200) (68,300) (2,053,900) Debt service (prin + int) (894,200) - - - - (894,200) Net income (loss) (594,000) (179,100) (15,600) (63,050) 78,500 (773,250) Other non-departmental revenues: Interest income 1,336,800 Connection charges 630,000 Antenna lease revenue 337,000 Other 13,300 Total -non-dept revenue 2,317,100 Net revenues in excess of exp $ 1,543,850 ~s Eagan Civic Arena Cash revenues Cash expenses Net cash profit Less other outlays: Debt service principal/interest Capital expenditures (no set-aside Capital replacement set-aside Excess revenues CarryForward from prior year Cumulative excess revenues 2001 2002 2003 2004 (budget) (budget) $ 712,429 $ 811,169 $ 751,700 $ 815,800 564,762 550,667 579,200 644,200 147,667 260,502 172,500 171,600 (127,460) (125,184) (127,700) (125,000) (20,713) (7,611) (20,200) (10,000) 50,400 33,100 (36,000) (36,000) (50,906) 94,607 (11,400) 600 91,579 40,673 135,280 123,880 40,673 135,280 123,880 124,480 Cumulative cash balances: Capital replacement set-aside Interest on cap repl funds Less: Cap replacemt funds used Net Cap Replacemt cash Excess revenues Other Total cash bal per financial statements 206,794 243,332 283,044 3,438 8,956 8,500 - 5,244 - 210,232 247,044 291,544 40,673 135,280 123,880 586 - - 251,491 382,324 415,424 327,544 9,800 337,344 124,480 461,824 Prime ice time hourly rate: $ 135 $ 140 $ 145 $ ~i6 150 2004 Cascade Bay rev-exp summary 12/9/2003 2004 Budget Aquatic Facility Enterprise Fund REVENUES, EXPENSES AND OTHER DISBURSEMENTS Revenues 2001 2002 2003 2004 Actual Actual Revised Budg Budget Daily AdmissionslSeason Pass $ 813,344 $ 724,381 $ 810,391 $ 763,050 Group Sales 124,510 145,903 127,464 127,160 Concessions 236,128 206,644 232,790 218,790 Classes /Camps 3,062 10,597 9,460 20,000 Coca-Cola Marketing 5,417 5,417 5,416 5,400 Rental - - 8,456 7,000 Interest 28,390 31,402 - - Other 25,982 13,477 (10,927) 1,200 Total Revenues $ 1,236,833 $ 1,137,821 $ 1,183,050 $ 1,142,600 Expenses Personal Services $ 483,670 $ 454,628 $ 524,400 $ 525,800 Parts & Supplies 65,477 52,032 71,300 74,800 Cost of Concession Sales 135,243 104,367 110,000 110,000 Services & Other Charges 178,515 89,537 168,600 176,800 Capital Outlay 26,958 6,780 26,500 31,600 Sub-total Expenses 889,863 707,344 900,800 919,000 Reserve for Renewal/Replacement 81,000 64,000 67,000 64,600 Total Operating Expenses 970,863 771,344 967,800 983,600 Non-Operating Disbursements Debt Service Payments 158,302 159,738 162,428 159,000 Total Expenses/Non-Op Disbursements $ 1,129,165 $ 931,082 $ 1,130,228 $ 1,142,600 ~~ 2004 Community Center rev-exp summary 2004 Budget Community Center Enterprise Fund REVENUES, EXPENSES AND OTHER DISBURSEMENTS Revenues Fitness Memberships Daily Passes Initiation Fees Oaks Banquet Room Oaks Banquet Room Commissions Playscape Birthday Groups ConcessionsNending Child Care Room Rentals Gym Rentals Teen Center Community Center Classes Fitness Classes ECVB rent Interest Other Total Revenues Other Fundinct Sources Antenna Leases Total Revenues and Other Funding Sources Expenses Personal Services Parts & Supplies Services & Other Charges Capital Outlay Sub-total Expenses Merchandise for Resale Total Operating Expenses 2003 Revised Budget 61,100 1,800 18,800 35,000 25,000 48,300 42,650 18,000 200 15,500 26,220 400 7,000 22,500 4,950 2004 Proposed Budget 335,400 5,400 36,000 75,250 46,000 66,000 65,560 40,000 900 30,000 49,800 5,000 21,000 67,000 6,600 327,420 849,910 337,580 290,590 $ 665,000 $ 1,140,500 $ 431,100 55,500 163,400 650,000 15,000 $ 665,000 $ 779,500 55,000 288,000 1,122,500 18,000 $ 1,140,500 12/9/2003 ~~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting N. APPROVE 2004 SPECIAL REVENUE FUNDS BUDGETS, INCLUDING HOUSING FUND. POLICE FORFEITURE FUND, ECONOMIC RECOVERY GRANT FUND, AND CABLE TV FRANCHISE FEES FUND ACTION TO BE CONSIDERED: Approve the 2004 budgets for the following Special Revenue Funds: Housing Fund Police Forfeiture Fund Economic Recovery Grant Fund Cable TV Franchise Fees Fund FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund, the revenue sources, and the expenditure categories are listed on each budget page. • There are no tax levies related to these funds. ATTACHMENTS: • Housing Fund budget on page ~~ . _ • Police Forfeiture Fund budget on page ~ . ~~ • Economic Recovery Grant Fund budget on page S • Cable TV Franchise Fees Fund budget on page ~,~ . 4~ 9 113 Housing Fund The purpose of this fund is to finance future housing-related developments within the City. The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name to finance multi-family housing developments. The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997. A note issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds, which were to be repaid per the original agreement, was accounted for in this fund. At the end of 1998, the City sold its interest in the note to a third party for $1,200,000. Closing on the transaction was completed in early 1999. As a component of the transaction, the proceeds of the closing were loaned to the Aquatic Facility construction fund and will be repaid over 20 years with the final payment in October of 2018. 2001 2002 2003 2004 Actual Actual Budget Budget Funds Available, Beginning of Year $ 1,355,762 $ 1,511,206 $ 1,669,336 $ 1,843,836 Revenues: Housing Bond Fees 85,548 82,863 82,000 82,900 Interest on Investments 18,670 25,497 0 0 Total Revenues 104,218 108,360 82,000 82,900 Other Financing Sources: Interest on Loan 55,550 53,820 52,500 50,453 Principal on loan 45,000 45,000 Total Other Financing Sources 55,550 53,820 97,500 95,453 Total Revenues and Other Financing Sources 159,768 162,180 179,500 178,353 Expenditures: Monitoring Fee 4,324 4,050 5,000 4,000 Legal expense Total Expenditures 4,324 4,050 5,000 4,000 Funds Available, End of Year $ 1,511,206 $ 1,669,336 $ 1,843,836 $ 2,018,189 ~~ 114 Police Forfeiture Fund This fund was created to account for money received from the court system and restricted to police operations. It is expected that transfers will be made from this fund to the General Fund where eligible expenditures are made. Fund Balance, Beginning of Year Revenues: Fines & Forfeits Interest on Investments Total Revenues Expenditures: Clothing-badges Total Financing Uses Fund Balance, End of Year 2001 2002 2003 2004 Actual Actual Budget Budget $20,645 $22,979 $24,086 $25,036 763 0 0 0 1, 571 1,107 950 850 850 0 0 0 0 0 0 0 0 $25,036 $25,886 S/ 118 Economic Recovery Grant Fund This fund opened in 1995 with a grant from the State to establish a revolving loan fund for local businesses for the purpose of economic development. Loan recipients must meet certain requirements as set forth by the State for this program. A ten-year $250,000 loan was made with State funds to an Eagan business in 1995 to initiate the program. The loan was paid in full in 1996. Under the terms of the agreement with the State, $100,000 in principal plus interest collected to the point of payoff, will remain in the fund for loans to other qualifying businesses. The balance of the principal was returned to the State. Available to loan out, Beginning of year Cash Inflows: Loan repayment-principal Loan repayment-interest Interest on Investments Cash Outflows: Return of loan funds to State Net Cash Inflow (Outflow) 2001 2002 2003 2004 Actual Actual Budget Budget $154,666 $169,379 $183,075 $190,875 5,143 5,729 800 0 315 133 0 0 9,255 7,834 7,000 6,400 14,713 13,696 7,800 6,400 0 14,713 Available to loan out, End of year $169,379 sa 0 13,696 7,800 6,400 $183,075 $190,875 $197,275 196 Cable N Franchise Fee Fund This fund was established to account for franchise fees paid to the City from the local cable franchisee. The money is restricted for communications and cable television related activities, primarily the Communications Dept budget and the City's share of the funding of the Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). 2001 2002 2003 2004 Actual Actual Budget Budget Fund Balance, Beginning of Year $1,446,153 $1,896,213 $1,926,494 $1,863,094 Revenues: Cable TV Franchise Fees Interest on Investments Total Revenues Expenditures: 455,586 490,833 480,000 527,800 121,396 114,548 55,000 67,400 BETC Funding 81,806 96,157 57,600 28,500 BECT Funding 0 0 48,600 75,000 Equipment purchased 0 83,263 47,400 0 Community Room Remodeling 0 100,230 0 0 Other 0 1,694 0 0 Other Financing Uses: Transfer to General Fund 45,116 293,756 Total Expenditures and Other Financing Uses 126,922 575,100 Fund Balance, End of Year $1,896,213 $1,926,494 444,800 598,400 $1, 863,094 415, 700 519,200 53 Agenda Information Memo December 16, 2003 Eagan City Council Meeting O. APPROVE PROPOSED 2004 BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION AND BURNSVILLE/EAGAN COMMUNITY TELEVISION BUDGETS ACTION TO BE CONSIDERED: Approve the proposed 2004 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). FACTS: The City Council has previously reviewed both the BETC and BECT budgets at the December 8 Special City Council meeting. The City of Burnsville plans to adopt both budgets at its December 1 S Council meeting. ATTACHMENTS: • Enclosed on page ~J is a summary of those budgets. s~ ++ C1 .a 47 m •~ 0 i N 3 ~ m y o a va C ~1 r. 3 0 V d7 H C f0 fa W 47 ~~ C L .~ m F' ~ L N ~ Q~ d 0E V C C n F A 3 C E E a W V F O C N ~ d u v F c c h ~ ~ C ~ C t 3 a m ~ a O V F N C C d 11 ~ Y C C 0000 O t~ 00 1~ h ti0 r OOOO O C7000 Op t7D d' 10 tf>~O0 O h~0 N N N O> MMCCO t+7 C+~MOO ~ N ~ ~ OON M NrC70 N Q> Os O r r CO 47 l,f~,M r O r .ri M N w w w w w 0 0 0 0 o r` o o ~ ~ v ti 0 0 0 0 0 0000 0 0 o rn 0000 O h SAO N N 1~ ~ ~~OO t0 MCOOO O N O O ti t` N U N~ O O M Of C O ti O J r w w w w w O O ' ' O ' O ' O ' ~ 'Q l~ LL~ O O O ''Ct ~T ~ ~ M t+f N N ~ to w w w w t~C0O0 M OMO to N O ti0 (A O O O ~ d' CO O O t0 r el' r r O M 1 ~ ~ I~ M O N ~ N fDCOON ~! ~ Mh tJ0 M I~ ~ OO O r O NM ~ ~ ~ M C O o D u 7 w w 69 w w Nr OO tr! OOO O 1~ r ~ 01 O> O In M C7D O O tJp ~ M 0p tA0)OM t'7 OOM M O tJ0 1~ oD o0 O N O ~ CD ~ O O O O O<O O ~ ~NM O ~ M C O tI D ~ b9 w w H w ~ i i O N ~ N N ~ t1 0' ~ i O~ N t D~ ~ ~ ti ~ N ~ M t0 M f+ ') M . .. w w .» w w l~CO00O r Oro r ' O O o~rnvo v voo er r r r r t'7 0 1~ (A C1D O 1 ~ CC! ~ ~ CO ~' ~ i ooa ov ~ a OV v i r r In t7(1 tf~ N tJD ~ "7 tf~ w EA w w N M O N r C O O V ' O ~ Ln ti M ! +'! ~A~c'7O ~ NNO ~ a0 tJD ~ ~ N ~ ~ ~~o D~ N ~N O h ~ N P ~ ~ w w w w w 1n In ' ' O O O ' O ' 01 O M M ~ ~ C C O O N ~ ~ N t O~ t O~ ' ~ ~ ~ ~ N ~ t0 <O r r w w w w w ~ j c ~ = t a e o ~ y h m m m C G ~ H v c j ~ LL ~L ~L o • e ~ e ~ c . O- o- ~~~ ~ vayi k m G ~~ c ~ ~ ~ Z c >, W eyo '~ ttcj p w y v (U N f0 w ~ Oi U c ayi p X~ m ~ p d m N c ~ U ~ a i ~~ W O F O ~ W - d y C Q` ~ ~, ~ O~ w d t ~ a ~mwa0 XwUU ~ ~ W C O 0 N d o+ m ~o d H a O a ,5 5~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting P. CLASSIFICATION OF TAX-FORFEITED LAND ACTION TO BE CONSIDERED: To approve an application for conveyance from the State of Minnesota to the City of Eagan oftax-forfeited property for an authorized public use. FACTS: • Parcel 10-01000-011-28, located generally east of Pilot Knob Road and south of Lone Oak Road and adjacent to LeMay Lake went tax-forfeit. • City staff has determined that it would be appropriate for the City to acquire the parcel for drainage and utility purposes, including ponding. • The parcel is 37,077 square feet in size including some water. ATTACHMENTS: • Enclosed on page 5~ is a map showing the location of the parcel. • Enclosed on pages .S b and J~ is a copy of the application. S6 SITE MAP PROPERTY ID NUMBER: 10-0100D-011-28 FEE OWNER STATE OF MN - F TAX 1590 HWY 55 HASTINGS MN 55033 PAYABLE 2003 TAXES NET TAX: 21.46 SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA 21.48 PAYABLE 2004 ASMNT USAGE:EXEMPT '---tom I i O' ~~~ NOTE: Dimensions rounded to nearest fool Copyright 2003, Dakota County - 2003 ESTIMATED MARKET VALUES (PAYABLE 2004) LAND: 5,500 LOT SIZE (EXCLUDES BUILDING: ROAD EASEMENTS) TOTAL: S,50D 37,077 TOTAL SO FT SCHOOL DISTRICT: 197 0.85 TOTAL ACRES 9,264 WATER SO FT LOCATION: NWt/4 NWt/4 SECTION 10-027-23 PAYABLE 2004 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT: GUN CLUB LAST QUALIFIED SALE: DATE: AMOUNT: 2003 BUILDING INFORMATION (PAYABLE 2004): NO DATA AVAILABLE I / / / / ~~ This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. H discrepancies are found, please contact Dakota County Survey and Land Information Department. ~~ Map Date: Novemt~ 4, 2003 Parcels Updated: 1 Dl31/20D3 Aerial Photography: 1999 PLAT NAME: SECTION 10 TWN 27 RANGE 23 N TAX DESCRIPTION: N 112 OF E i!2 OF W 12 OF NW 1/4 OF NW 1/4 EX TARA COURT 10 2723 PT Form 962 (Revised 10/11/96) Minnesota Department of Revenue Staple All Correspondence Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Lands for an Authorized Public Use (Minnesota Statutes, Section 282.01, Subdivisions la through le) (Note: If the governmental subdivision has purchased the property, use PT Form 80) In Dakota County Name ojgovernmental subdivision (applicant): City of Eagan Mailing address of applicant: 3830 Pilot Knob Road Eagan, MN 55122 Date requested property was forfeited to the State: (month) (day) (year) Taxes not. paid years 1996-1998. Notice to City 11-04-03 Legal description ojproperty (include the name ojthe city/tolvn in which the property is loco[ed): 10-01000-011-28 Section 10 Twn 27 Range 23 NZ of E%Z of WZ of NW4 of NW4 Ex Tara Court City of Eagan Describe the intended public use to be made of the property (be specific, including statute or special law references, if relevant): Drainage and utility purposes including ponding. State the need for the property (be specific, e.g., why this property instead of some other property?): This parcel is appropriately located for the above referenced public purpose. Please cl:eck the appropriate boxes below: ^ correcting governmental subd. name and/or ^ legal description original deed no. (]f recorded, please supply recording information. If not recorded, please return the original state deed.) ^ There are one or more wells on this property ^ There are no wells on this property A Wetland Certification Form Must Be Attached To This Application Return application to: MN Depart of venue • Property Tax Division • Mail Station 3340 • St. Paul,1.1N 55146-3340 STATE OF MINNESOTA ) ss. County of Dakota ) Maria Petersen being first duly sworn, deposes and says that he/she is the authorized representative of the applicant named herein, that he/she has read said application and knows the contents thereof, and that the matters stated therein are true and correct. Maria Petersen City Clerk Name Title Subscribed and sworn to before me this 17 t h day of December ~ ~r 2003 Notary Public, My conunission expires County, Minn. RECOMMENDATION OF COUNTY BOARD UPON APPLICATION The County Boazd of County, Minnesota, has reviewed the application of dated , 19 ,fox the conveyance for an authorized public use of certain tax-forfeited land described therein. The county board recommends that this application be: rejected granted Signature (for the County Board) Date CERTIFICATION OF COUNTY AUDITOR OR LAND COMMISSIONER I have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax-forfeited land for conveyance for an authorized public use. Signature of County Auditor or Land Commissioner Date OFFICE OF THE COMMISSIONER OF REVENUE St. Paul, Minn., , 19 Upon due consideration of this application, it is ordered that it is hereby: rejected _ granted Commissioner of Revenue By ~9 Agenda Information Memo December 16, 2003 Eagan City Council Meeting Q. PROJECT 98-T, ROYAL OAKS ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 98-T - Royal Oaks Addition -Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Royal Oaks Addition was constructed south of Yankee Doodle Road and east of Wescott Woodlands in central Eagan. This development required the installation of sanitary sewer, water main and street 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. 60 Agenda Information Memo December 16, 2003 Eagan City Council Meeting R. PROJECT Ol-E, OAKBROOKE 5TH ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract Ol-E - Oakbrooke 5th Addition -Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Oakbrooke 5th Addition was constructed east of I-35E between Diffley Road and Deerwood Drive Road in central Eagan. This development required the installation of sanitary sewer, water main and street 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 December 16, 2003 Eagan City Council Meeting S. CONTRACT 03-O1, TOWN CENTRE AREA STREET IMPROVEMENTS & ACCESS MANAGEMENT ACTION TO BE CONSIDERED: To approve the final payment for Contract 03-01 (Town Centre Area -Street Improvements and Access Management) in the amount of $17,663.81 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 03-01 provided for the bituminous overlay of the streets and access management improvements in the Town Centre Area, including driveway relocations, new sidewalks, pavement striping and traffic signal installation, as authorized by the City Council under City Project 851. • The work under Contract 03-01 has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ~~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting T. 2004 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2004. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the council's approval. 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Q ~ F ~ ~ 7 W W C ~ W d F- C1 y N p W ~ ~ a C N (n C C N II a U Z C N ~ ~ ~~ W ~ H -yypp ` U c J W O ~~i L N C ~ v L j (L(~~ ~ a~i (7 ~ C~ ~i F L° ~ w ~ L~ G Lq C d J o N ~ E D ~ D, p l0 W _ 16 C rG ~ 7 0 10 W ~ J U ~ ~ E Q ~ ~ GI ~ F- O H~ N~ W (J r/l C a l~ N N L~J Ln O 3 L/1 ~ n 7 h (/1 N 11 _ ~' ' L _ U LL ` ° ' a ~ E S i v i a m E ~ c H O L° w o aLi ~ ~~ o a r w a a a o ~? d - y y •A f4 d Q_ LA d 2' ~ (A J d (A ~ W (A d' (~ fn J U fn (n W (n d Q S U m N C7 1- U' C7 ~ K li O 6S Agenda Information Memo December 16, 2003 Eagan City Council Meeting U. CONTRACT 01-13, JULY 2000 STORM MITIGATION STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the final payment for Contract 01-13 (July 2000 Storm Mitigation -Storm Sewer Improvements) in the amount of $14,234.15 to Barbarossa and Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: Contract 01-13 provided storm water drainage system mitigation improvements in a portion of the areas of the City affected by the July 2000 Super Storm, as outlined and discussed in the Preliminary Design Report (April 2001). The work under Contract 01-13 has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 66 Agenda Information Memo December 16, 2003 Eagan City Council Meeting V. CONTRACT 01-15, JULY 2000 STORM MITIGATION STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the final payment for Contract 01-15 (July 2000 Storm Mitigation -Storm Sewer Improvements) in the amount of $14,449.68 to Barbarossa and Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: Contract 01-15 provided storm water drainage system mitigation improvements in a portion of the areas of the City affected by the July 2000 Super Storm, as outlined and discussed in the Preliminary Design Report (Apri12001). The work under Contract 01-15 has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 6~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting W. CONTRACT 01-04, CENTRAL PARKWAY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the final payment for Contract 01-04 (Central Parkway- Street & Utility Improvements) in the amount of $101,461.16 To C.S. McCrossan, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 01-04 provided for the street and utility improvements for Central Parkway from Pilot Knob Road to the Community Center entrance and Northwood Parkway approximately 400 feet east of Pilot Knob Road (City Project No. 790R). It also provided for grading and utility improvements on the Community Center/Central Park site, as authorized by the City Council with approval of the Central Park Master Plan. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 6b Agenda Information Memo December 16, 2003 Eagan City Council Meeting X. CONTRACT 02-15B, COMMUNITY CENTER SITE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 02-15B provides for various improvements within the Community Center site, including parking lot, trail, ponding, and landscaping construction, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • This change order provides for the following items: Part 1. Installation of erosion control blanket to provide erosion protection on steep slopes within the site. (ADD $ 10,428) Part 2. Installation of additional storm sewer to provide drainage of an existing Swale under the trail constructed with this project. (ADD $4,169) Part 3. Excavation of existing soil and installation of landscape rock material around the Community Center building chiller unit and pond bridge abutment structures, in lieu of sod as originally called for in the contract. (ADD $1,001) Part 4. Removal of existing silt fence, installed under a previous City contract, which was no longer needed to control erosion. (ADD $456) Part S.Verify the depth of existing water main on the site to ensure adequate cover after grading activities (ADD $525) • 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. • This change order provides for a total ADD of $16,579 (0.72%) to the original contract. The cost of the additional work under the change order will be the responsibility of the allocated funds for the Central Park site. 69 Agenda Information Memo December 16, 2003 Eagan City Council Meeting Y. PROJECT 903, RIVER VALLEY ACRES FLY ASH REMOVAL ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 04-01 (River Valley Acres -Fly Ash Removal) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, January 15, 2004. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 04-01 provides for the excavation, removal, transportation and disposal of fly ash material from the City of Eagan's property (Parcel No. 10-00800-011-50) to a regulated disposal site. The fly ash material was encountered as part of Contract 01- 05, Cedar Grove Access Modifications, and stockpiled on the City's property. • During the past several years, the Public Works Department was actively involved in completing the required environmental site clean up of this previously contaminated tax forfeit site. A preliminary study identified a concept of multiple uses for the Police, Fire, Public Works and Parks operations on this 10-acre site. • With the removal of the fly ash material, the River Valley Acres property will be ready to be developed for uses comparable to those identified in the study. • All of the easements or properties needed for the construction activities have been acquired by the City so the contractor will have access rights to complete the contractual work. • The plans and specifications are being presented to the City Council for their approval and authorization of the advertisement for bids. ~0 Agenda Information Memo December 16, 2003 Eagan City Council Meeting Z. APPOINT ALTERNATE MEMBER STEVEN GROOMS TO EAGAN AIRPORT RELATIONS COMMISSION ACTION TO BE CONSIDERED: To appoint Eagan Airport Relations Commission (ARC) alternate member Steven Grooms as a regular, voting member to fill the vacancy of ARC member Michael Cook, who resigned as of January 1, 2004. FACTS: ^ Eagan ARC member Michael Cook resigned as of January 1, 2004, leaving a vacancy on the ARC. ^ In accordance with the Commission Appointment and Guidelines Policy that is currently in final draft form, the ARC alternate member, Steven Grooms, has been asked to fill the vacancy left by Mr. Cook through Apri12004, at which time both the term held by Mr. Cook, as well as the alternate term will be reappointed. ^ Staff has contacted Mr. Grooms to inquire as to whether he would agree to take over the commission position being vacated by Mr. Cook and he has graciously agreed. ~~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting AA. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE BIDDING: SLUDGE REMOVAL JP-47 ACTION TO BE CONSIDERED: Re-authorize preparation of plans, specifications, and bid documents; and request for bids to remove alum sludge from City Pond JP-47. FACTS: • Fish Lake is one of Eagan's seven highest priority (Class I) lakes with the potential to support direct contact recreation, such as swimming. • In 1998, the City built an experimental alum-dosing facility between Hurley Lake and Fish Lake. The facility adds to a stormwater force main aluminum sulfate (alum), which binds phosphorus in the stonnwater before it enters Fish Lake. • Alum sludge is a by-product that accumulates in the receiving waterbody, which has been a wetland (City Pond JP-47) upstream of Fish Lake. • Approximately 2,500 cubic yards of alum sludge has accumulated in JP-47. In accordance with state law, this must be removed. • On February 5, 2002, the City Council authorized a request for bids to remove and dispose of alum sludge from JP-47 and to create a sediment basin in JP-47 per plans and specifications. • On January 16, 2003 submitted bids were opened for Project 03-OS (JP-47 Alum Storage Basin Improvements). • On February 18, 2003 the City Council rejected all bids and cancelled Project 03- 05. • At its October 20, 2003 meeting, the Advisory Parks Commission unanimously adopted a recommendation to the City Council that the alum sludge be removed from JP-47 this winter, as an independent project, separate from construction of a possible alum settling basin off-site. Attachment: • Alum Sludge Removal: Ingress/egress through neighborhood, pg ~. • Color copies included for Council without page numbers. `~~ 0 0 ~, .o ~~ o •°Q ~ ~ ~ ~ ~ ~ ao 0 -o ~ ~; ~d °~ a~ ~. ao ~3 Agenda Information Memo December 16, 2003 City Council Meeting BB. APPROVE RENAMING OF COMMUNITY ROOM DIRECTION TO BE CONSIDERED: Approve the renaming of the Community Room at City Hall to The Eagan Room, and authorize expenditure for replacement of room sign. FACTS • Since the opening of the Eagan Community Center there has been increasing confusion between those spaces and the Community Room at City Hall. • Members of the public have shown up at the Community Room at City Hall for meetings that were really at the Community Center. • On more than one occasion people have shown up at the Community Center for 55 Alive Classes that were actually in the Community Room. • As recently as December 1, a City Council listening session was displaced by a neighborhood association meeting that was actually supposed to be over at the Community Center. • To avoid future confusion by the public, Reservation staff recommended that a different name be selected for the Community Room at City Hall. • The History Committee was asked to make recommendations about a possible name with historical significance or determine if there was some historical tie to the area similar to Thresher Fields. • After reviewing possibilities, the committee recommended the Patrick Eagan Room. • To avoid confusion with Patrick Eagan Park, staff recommends a shorter version, simply: The Eagan Room. • Cost for making the sign change is approximately $150. ~~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting CC. CONTRACT 03-09, CHANGE ORDER #2 NORTH WATER TREATMENT PLANT -EXPANSION ACTION TO BE CONSIDERED: Approve Change Order #2 to Contract 03-09 (North Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 03-09 provides for the expansion and renovation of the North Water Treatment Plant located on Coachman Rd. south of Yankee Doodle Rd. • This change order consists of the following requests: • Request #2: Removal of existing face brick (ADD $5,222) • Request #3: Soil correction for foundation (ADD $1,012) • Request #4: Increase clearwell water reservoir wall height by 1 foot due to discrepancy in record plan info (ADD $7,410) • Request #7: Addition of modified pipe filler flanges for backwash tank waste line through existing foundation due to discrepancy in record plan info. (ADD $8,990) • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • This change order results in a total ADD of $22,634 (+0.16% of total contract). • All costs associated with this change order will be the responsibility of the Water Utility Supply, Storage and Treatment (SST) Fund. /S Agenda Information Memo December 16, 2003 Eagan City Council Meeting ~UBLIC,IA~G A. 2003 (PAYABLE 2004} PROPERTY TAX LEVY ACTION TO BE CONSIDERED: Approve the proposed 2003 (payable 2004) property tax levy as follows: General Revenue: General Fund $ 17,351,480 Equipment Revolving Fd 834,980 Major Street Fd 1,150,708 Subtotal General Revenue 19,337,168 Debt service: Community Center bonds 1,086,476 Total City-wide Levy $ 20,423,644 Cedarvale Special Services Dist. 2 000 FACTS: • The City held aTruth-in-Taxation public hearing on December 1 to consider the 2004 General Fund budget and the payable 2004 property tax levy. • The State requires that the levy be formally adopted at a subsequent hearing. • The final levy must be certified to the County by December 29. • No changes have been made to the general City levy as presented at the December 1 meeting. • Staffrecommends the Cedarvale Special Services District levy remain at $2,000, utilizing a portion of the fund balance that has accumulated in that Special Revenue fund. ATTACHMENTS: • Enclosed on page ~ is a copy of the resolution adopting the final levy. 'J6 RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2004 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 16, 2003, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember ,and seconded by Councihnember NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2004 as follows: Revenues: General Fund Equipment Revolving Fund Major Street Fund Subtotal Revenues Debt: Community Center/Central Park bonds Total City-Wide Levy Cedarvale Special Services District Levy Dated: December 16, 2003 $ 17,351,480 834,980 1,150,708 19,337,168 1,086,476 20.423.644 ~ 2.000 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, 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 16`h day of December, 2003. Maria Petersen, City Clerk ~~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting B. PROPOSED 2004 GENERAL FUND BUDGET ACTION TO BE CONSIDERED: Approve the proposed 2004 General Fund budget. FACTS: • The City held aTruth-in-Taxation public hearing on December 1 to consider the 2004 General Fund budget and the payable 2004 property tax levy. • The State requires the budget be adopted subsequent to the 20041evy. • One change has been made to the budget presented at the December 1 meeting: $10,000 budgeted for a replacement copier in the Engineering/Community Development area has been removed from the 2004 budget and will instead be purchased in 2003 from non-personnel savings in the current year. Accordingly, the 2004 Contingency line item will be increased by $10,000 to $38,300. The tota12004 General Fund budget remains unchanged at $21,778,700. ATTACHMENTS: • Enclosed on pages ~ through gd are copies of comparative summaries of revenues and expen itures for the General Fund. ~~ 2004 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 2001 2002 2003 2004 Actual Actual Budget Budaet General Property Taxes Licenses Permits Intergovernmental Revenues Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers $ 13,183,822 $ 14,745,862 $ 15,423,800 $ 16,253,700 176,114 174,993 169,500 272,800 1,208,713 1,871,615 889,100 936,500 2,624,265 2,089,245 1,665,600 560,700 1,204,040 1,483,821 971,800 893,200 390,172 448,089 571,200 614,000 299,870 304,959 262,500 306,500 807,748 575,215 403,600 375,500 1,032,276 1,061,741 911, 900 1,150,100 109,661 345,821 509,700 415,700 TOTAL GENERAL FUND $ 21,036,681 $ 23,101,361 $ 21,778,700 $ 21,778,700 '79 2004 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES GENL GOVERNMENT 01 Mayor & Council 02 Administration 03 Information Technologies 04 City Clerk 05 Finance 06 Legal 07 Comm Dev/Planning 08 Comm Dev/Inspections 09 Communications Gen Govt Total PUBLIC SAFETY 11 Police 12 Fire Public Safety Tota! PUBLIC WORKS 21 Public Works Engineering 22 Streets & Highways 24 Central Svices. Maint. Public Works Total PARKS & RECREATION 31 Parks & Recreation 32 Tree Conservation Parks 8 Rec Total GENL GOVT BLDG MAINT 33 Building Maintenance Total Expenditures- General Fund 41 Contingency-undesignated 2001 2002 2003 2004 Actual Actual Budget Budget % Chg $ 116,367 $ 103,702 $ 109,300 $ 114,900 5.1 742,054 709,655 724,900 639,700 -11.8% 692,350 831,323 891,400 939,800 5.4% w/ Finance w/ Finance 199,000 276,800 39.1 850,712 1,029,702 804,300 799,500 -0.6% 338,720 374,778 427,000 429,700 0.6% 674,123 661,342 593,000 655,100 10.5% 662,290 688,268 828,400 906,700 9.5% 234,424 293,417 445,800 416,200 -6.6% 4,311,040 4,692,187 5,023,100 5,178,400 3.1 7,417,816 7,801,239 8,031,300 8,210,100 2.2% 991,196 1,044,500 1,189,200 1,190,300 0.1% 8,409,012 8,845,739 9,220,500 9,400,400 2.0% 1,433,021 1,187,294 1,229,150 1,282,200 4.3% 1,345,072 1,324,452 1,481,500 1,410,400 -4.8% 482,797 481,324 483,300 492,000 1.8% 3,260,890 2,993,070 3,193,950 3,184,600 -0.3% 2,746,586 2,790,855 3,106,400 3,112,900 0.2% 292,056 279,199 327,600 313,900 -4.2% 3,038,642 3,070,054 3,434,000 3,426,800 -0.2% 555,899 597,796 559,700 550,200 -1.7% $ 19,575,483 $ 20,198,846 21,431,250 21,740,400 1.4% 347,450 38,300 -89.0% $ 21.778.700 $ 21.778.700 0.0% Total Expenditures + Contingency ~o Agenda Information Memo December 16, 2003 Eagan City Council Meeting Public Hearing C. 2004 PROPOSED CEDARVALE SPECIAL SERVICE DISTRICT BUDGET ACTION TO BE CONSIDERED: To close the public hearing and approve the 2004 Cedarvale Special Service District Budget. FACTS: • Prior to the implementation of the Cedar Grove Redevelopment District, the City of Eagan formed the Cedarvale Special Service District to carry out certain special services within the Cedarvale/Cedar Grove commercial area and share the costs equitably among the affected property owners. Special service districts are authorized under Minnesota Law to provide for and fund services in a particular area that are not otherwise performed by the City. • The District was initially formed for the construction, maintenance and operation of an areawide sign and to perform additional mowing of public and common areas. Those services continue to be provided in this area. While the nature and extent of the services may change as development and redevelopment occurs within the area, they are not proposed to change in 2004. • Due to lower than anticipated costs in prior years, the fund has a balance in place. While a fund balance is appropriate in order to anticipate higher future maintenance and replacement costs, the City has been proposing a levy below the total annual budget in recent years to reduce the balance over time. That is the case again in 2004. • The tax levy of $2,000 was incorporated in the action on the 2004 Property Tax Levy business item above. The proposed $3,300 expenditure budget is under consideration in this business item. ATTACHMENTS: • Proposed 2004 Cedarvale Special Services Fund Budget on page ~~ • Notice to affected property owners on page ~_ S/ 119 Cedarvale Special Services Fund This fund was established in 1996 for the purpose of accounting for taxes collected and expenditures made pertaining to the Cedarvale area special services tax district established in 1995. The primary purpose of the tax district is to provide signage, sign maintenance and turf maintenance for the Cedarvale shopping center. 2001 2002 2003 2004 Actual Actual Budget Budget Fund Balance, Beginning of Year 11,698 11,743 12,567 9,967 Revenues: Special Services District Taxes 2,999 2,880 2,000 2,000 Interest on Investments 842 571 400 300 Total Revenues 3,841 3,451 2,400 2,300 Expenditures: Mowing 3,578 2,450 3,000 3,000 Sign Maintenance 218 177 2,000 300 Total Expenditures 3,796 2,627 5,000 3,300 Excess of Revenue over Expenditures 45 824 (2,600) (1,000) Fund Balance, End of Year 11,743 12,567 9,967 8,967 Pa r ~...._ ~~' ~ Nom. ri ',~, r ti c~ has a ... ~.. ~r~~ ..-.,: MEMO city of eag TO: Cedarvale Special Service District Members FROM: Jon Hohenstein, Community Development Directo DATE: December 8, 2003 SUBJECT: 2004 Special Service District Budget The purpose of this memo is to inform each of you that the proposed Cedarvale Special Service District (CSSD) 2004 tax levy is $2,000. The proposed budget for the district is $5,000 and will continue to cover only insurance and maintenance for the Cedarvale sign and mowing. The City Council will take action on this levy and budget on Tuesday, December 16, 2000. As you are aware, the City has begun to implement road and streetscaping improvements in the area and the first major redevelopment project in the area, the Keystone Communities Senior Housing development, broke ground last month. We continue discussions with owners and developers of other properties about additional redevelopment activities throughout the area. While I have had the chance to talk with many of you since coming back to the City in August, I have not been able to meet with as many property and business owners as I would like. With that in mind, I would like to set a meeting after the first of the year to provide an update on projects in process, discuss interests and needs of businesses during the redevelopment process and to reestablish ongoing communications with all of you. As details are confirmed in this regard, I will be sending a separate notice for that meeting. In the past we have done such meetings in the mid- afternoon to accommodate owners of businesses who work throughout the day and also those who are busiest at meal times. I hope that will work for all of you. In the meantime, please contact me at 651-675-5660 if you have any questions regarding the CSSD 20041evy or budget. Thank you. lp~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting D. PROJECT 895. LAKE PARK SHORES/ THOMAS LAKE ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 895 (Lake Park Shores/ Thomas Lake Additions -Street Overlay) and authorize the preparation of detailed plans and specifications. REQUIRED VOTE FOR APPROVAL: 4/5th of all Council Members FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 63 miles of local streets. • The resurfacing Lake Park Drive, Lake Park Court, and Lake Park Circle, all within Lake Park Shores/ Thomas Lake Additions neighborhood, has been programmed for 2004 in the City's 5-Year Capital Improvement Program. In January, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 3, 2003, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within Lake Park Shores/ Thomas Lake Additions, located north of Cliff Road between Thomas Lake Road and Pilot Knob Road. • On November 18, 2003, the feasibility report for Project 895 was presented to the City Council and a Public Hearing was scheduled for December 16 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 11 in the City Hall Community Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 34 total residential properties proposed to be assessed under this improvement, 1 person representing 1 property (3%) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: ~ • Feasibility Report, pages~~hroughL • Neighborhood Meeting Minutes, pages (~ through~~ ~~ city of eag~n Report for Lake Park Shores & Thomas Lake Addition Neighborhood Street Revitalization City Project No. 895 ~, .. ,.. ~. ~x~,r.,} r _.~~ ;~_ _~ , ,; . {, ti -• c & ~;~~ _ ~ F`y ~~ ~ ~. _ r V ~,_ -~ ~ ' ~ y. ~ ~;~ ,. t _ ~ ~y:r'~` ;, _. ~~ ..~ - -_ 7 e~ ~ , ., ~ . _ ,(.~r'~ ~ fir, ~ - .t.x.. ,,. '~' . _ ~ t. ~ ~ Y `~ ~ ~R:: ._ ~ ~. .-, . '... . . '-. -t r. .A - i ' . - .- ~ , . ~. ,, _~ ..;~ r ~ :.. -. - r ,. ~ . a. ~^. rt am., ~ ,, ' i ` µ~~ ~ ~~ _ i ".~ S'" fin,.":. r ' G ~r~. w ~ ~ t '`~ ~a f y ~ ~ '~ .. - 3c~.. ~. e j , nom - ~ .,> . Eagan, Minnesota December, 2003 gs city of eac~an PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.50 t 2 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 65 l .675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAKTREE The symbol of s[reng[h and growth in our community December 11, 2003 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lake Park Shores & Thomas Lake Addition Street Improvements City Project No. 895 Dear Mayor and City Council: Attached is our report for the Lake Park Shores & Thomas Lake Addition -Street Improvements, City Project No. 895. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, John P. Gorder Assistant City Engineer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ~ / ~~z John P. Gorder Date: ~2'//~y ~ Reg. No. 22813 Reviewed By: ~~ Dept. of Pubs Works Date Revie/ d By: [__~ t Finance Dep . Date ~~ IZ-I2-~~3 (Z~(Z~b3 TABLE OF CONTENTS Letter ofTransmittal/Certification Table of Contents Page Introduction .......................................................................................................2 Scope ................................................................................................................. 3 Feasibility and Recommendations ..............................................................................3 Street Evaluation .................................................................................................. 4 Proposed Improvements ..........................................................................................4 Easements/Permits ................................................................................................ 6 Cost Estimate ....................................................................................................... 6 Assessments ........................................................................................................ 6 Low Density Residential ............................................................................... 7 Assessment Financing Options ................................................................................. 7 Revenue Source ................................................................................................... 8 Project Schedule ....................................................................................................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section -Overlay ~~ December 2003 Street Improvement Report Lake Park Shores & Thomas Lake Addition Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. Approximately 0.4 miles of 32' wide streets within the Lake Park Shores & Thomas Lake Addition neighborhood area are identified for street overlay improvements in 2004. Figure 1, located in Appendix C, illustrates the project location. The streets in Lake Park Shores & Thomas Lake Additions were constructed in 1980 as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 23 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's gg= maintenance records indicate that Lake Park Shores & Thomas Lake Addition streets seal coated in 1992 and most recently 2001. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. During the past few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scone This project provides resurfacing (edge mill and overlay) for approximately 0.4 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Also included in this project are replacement of the damaged curb and gutter, adjustments to sanitary/storm sewer utility castings, and water gate valves. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2004 - 2008) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is 89' recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: ~ C Recommended Improvement .. _ . i 56 100 ~ Routine Maintenance/Crack SeaUSeal Coat 36 Patch/Repair and/or Overlay 0 - 35 ,Reconstruct ~ The 2003 PCI rankings for Lake Park Shores & Thomas Lake Addition has a neighborhood weighted average pavement condition rating of 77 which falls in the rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category mostly because of the preparatory maintenance performed by City crews, as mentioned above. Prior to the preparatory maintenance work, the weighted PCI rating for this area was 57. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2004 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavements maybe reduced. Proposed Improvements Pavement -The proposed street improvements are shown in Figure 3. The existing street sections consist of a 3" bituminous surface supported by a 6" gravel base. The existing bituminous pavement will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1 %z-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature 90 extremes experienced in Minnesota. Bituminous overlays will show some continued frost move-nents and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Progi-am. Concrete curb &c gutter -Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 11% (500') of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. Signage -Traffic control and street identification signage has reached an age where reflectivity has diminished or supports posts have generally deteriorated, and will be replaced as part the City's sign refurbishment program. Example of a recent street overlay project in Eagan (Oak Chase 6`"/Ches Mar East, 2002) 9i Easement/Permits All work will be in the public right-of--way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2004 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Edge Mill and Overlay ..............................................$43,500 Repair Existing Concrete Curb & Gutter ..................$22,200 Total ..............$65,700 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% qa Low Density Residential Lots (R-1, R-2, R-3) This neighborhood consists entirely of single-family residential homes. All residential equivalent properties (33 single-family lots & 1 Public Facility) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's property at the corner of Lake Park Drive and Lake Park Circle is proposed to be assessed at the single-family rate. The City's Assessment Policy states that 50% of the mill and overlay. costs are assessable for residential properties and. are based on a normal residential width street (32 feet.) The estimated cost per residential lot to be assessed based on the City Assessment Policy is $640 per Single Family Lot and is calculated as follows: 1) $43,500(Total Mill & Overlay Cost) x 100% x 50%] _ $21,750 Total Residential Assessment (R-1) 2) $21,750 (Total Single Famil~Residential Assessment) ~ $640/ lot (R-1) 33 Equivalent Single Family Lots + 1 Public Facility Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for asingle-family home based on an estimated 5.5% interest: Single Family Residential Lot = $640 Princi al Interest Cost Per Year Per Year Per Year First Year $128 $3~ $163 Fifth Year $128 $7 $135 A~ , Revenue Source A summary of revenue sources is listed below: Pro'ect Pro er Ci Cost Assessment Contribution Mill and Overla $43,500 $21,750 ($21,750) Re air Existin Curb $22,200 -0- ($22,200) Total $65,700 $21,750 $43,950 The City's Major Street Fund will finance the estimated project deficit of $43,950 (67% of total). Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 18, 2003 Neighborhood Meeting ...................................................................... December 1 1, 2003 Public Hearing ...................................................................... December 16, 2003 Approve Plans and Specifications .................................................................. January, 2004 Award Contract ............................................................................. February, 2004 Project Completion ................................................................................July 31, 2004 Final Cost Report .......................................................................... September, 2004 Final Assessment Hearing ..................................................................................... Fall, 2004 First Payment Due with Property Tax Statement ....................................May 15, 2005 9s~ a Appendix A -Street Overlay -City Project No. 895 Preliminary Cost Estimate Lake Park Shores & Thomas Lake Addition Bituminous Street Overlay Item Unit Est. Qt . Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 3010 $1.15 $3,462 T e 41 Wear Course Mixture Ton 550 $34.00 $18,700 Bituminous Material for Tack Coat Gal. 440 $2.00 $880 Ad'ust Valve Box Each 3 $150.00 $450 Ad'ust Frame & Rin Castin (Manhole) Each 13 $260.00 $3,380 Traffic Control L.S. 1 $2,000.00 $2,000 Re lace Street & Traffic Si s L.S. 1 $500.00 $500 Subtotal $31,870 + 5% Contin encies $1,590 Subtotal $33,460 + 30% Indirect Costs $10,040 TOTAL $43,500 Repair Existing Concrete Curb & Gutter Item Unit Est. t . Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 500 $4.00 $2,000 D412 Concrete Curb and Gutter L.F. 500 $15.00 $7,500 7" Concrete Valle Gutter S.Y. 80 $50.00 $4,000 Ad'ust Frame & Rin Castin (C.B) Each 2 $200.00 $400 Sod w/To soil S.Y. 140 $10.00 $1,400 Bituminous Drivewa Patchin S.Y. 40 $24.00 $960 Subtotal $16,270 + 5% Contin encies $810 Subtotal $17,080 + 30% Indirect Costs $5,120 TOTAL $22,200 Total Project Cost $65,700 9S Appendix B -City Project No. 895 Preliminary Assessment Roll Lake Park Shores & Thomas Lake Additions Street Overlay Lot Unit Parcel (Sin !e Family) P.I.N. E uivalent Assessment Total Lake Park Shores 4544 Lake Park Court 10-44200-100-02 1 $640 $640 4548 Lake Park Court 10-44200-080-02 1 $640 $640 4553 Lake Park Court 10-44200-070-02 1 $640 $640 4554 Lake Park Court 10-44200-060-02 1 $640 $640 4558 Lake Park Court 10-44200-050-02 1 $640 $640 4562 Lake Park Court 10-44200-040-02 1 $640 $640 4566 Lake Park Court 10-44200-030-02 1 $640 $640 4520 Lake Park Drive 10-44200-120-01 1 $640 $640 4521 Lake Park Drive 10-44200-110-01 1 $640 $640 4530 Lake Park Drive 10-62900-110-00 1 $640 $640 4531 Lake Park Drive 10-44200-100-01 1 $640 $640 4536 Lake Park Drive 10-44200-090-02 1 $640 $640 4537 Lake Park Drive 10-44200-090-01 1 $640 $640 4543 Lake Park Drive 10-44200-080-01 1 $640 $640 4549 Lake Park Drive 10-44200-070-01 1 $640 $640 4555 Lake Park Drive 10-44200-060-01 1 $640 $640 4561 Lake Park Drive 10-44200-050-01 1 $640 $640 4567 Lake Park Drive 10-44200-040-01 1 $640 $640 4573 Lake Park Drive 10-44200-030-01 1 $640 $640 4580 Lake Park Drive 10-44200-020-02 1 $640 $640 4584 Lake Park Drive 10-44200-010-02 1 $640 $640 4585 Lake Park Drive 10-44200-020-01 1 $640 $640 4591 Lake Park Drive 10-44200-010-01 1 $640 $640 Thomas Lake Addition 1473 Lake Park Circle 10-75900-060-01 1 $640 $640 1474 Lake Park Circle 10-75900-070-01 1 $640 $640 1475 Lake Park Circle 10-75900-050-01 1 $640 $640 1477 Lake Park Circle 10-75900-040-01 1 $640 $640 1478 Lake Park Circle 10-75900-080-01 1 $640 $640 1479 Lake Park Circle 10-75900-030-01 1 $640 $640 1481 Lake Park Circle 10-75900-020-01 1 $640 $640 96 1482 Lake Park Circle 10-75900-090-01 1 $640 $640 1486 Lake Park Circle 10-75900-100-01 1 $640 $640 1489 Lake Park Circle 10-75900-010-01 1 $640 $640 4590 Lake Park Drive 10-75900-110-01 1 $640 $640 TOTALS 34 $21,750 9~ ~.~ Q,~ , .... . o~ ~, 6 9 ~~ Thomas Lake School ~~ JI .- .~~ ~~ ~o Project Locati - O~ ~ER 0 m Q U J 9W .1 ~.. ~ U THOMAS LAKE PARK THOMAS r ~~G~ ~ ~,P ~ m w Y J ~ ~~ Q o CO. RD. 32) ~ CLIFF s WALD 47 C i 3. u O ~ c~ F ~ 38 OAD g g ~ Teti HEI H «HARD~s o ~~ ~~ P CT. p ~ ~ m ~G 35 ~ ~ Q 0_ ~ ~ ~ ~ z J J m T/~OMgs DO ORES LN. LN. ~ r, Z Q G:Feasibility Reports2004\Lake Park Shores & Thomas Lake additions - 895/location mop i Lake Park Shores & Thomas Lake Additions Location Map City of Eagan ~t Project - 895 Fig. 1 ~N; z -~ ~t-7-C3 ~ __.- -- -_. a ~~~_. ~ ~~ ~-, ~ .. , ,, _ _... ,,,.~ _ _ µ -- .... .,, , ,.. J i ~ ;. '~ ~ ~" 'fi`t x ;`<. ... ,~„°~=,~' J - SCALE 1 "=250' i / i ~ ,,' ~% ~ _.__ - , PROPOSED OVERLAY -AREA- ~.. _. , ,,\ .,` ; ~`~ ASSESSMENT-AREA ...: t :...: T~ . . 4521 , / V t 4520 ,r ~ ,o 1 4552 4530 7 4554 __ 4531 ~ 6 r ~ 49535 4548 4 td77 $ 6 9 ~ 4537 m 8 y :~ OMA LAKE ADDITIO ~`~ ~ 1473 1 4544 ~ ~~ ~ 1475 4543 10 ~ 7 4558 6 $ 1471 '._~~~_ ~~ 2 1q9 ~'c~~. 4549 _'-~ 4 3 V / 4586 8 1478 ~~~ 3 last Y V _ y""; _., 4555 ~ 4580 4584 2 Q - _.. _ _" - ,Y ,.. 6 2 ,~ Y 9 7482 ~ -. ,' ss51 lass ~ 5 1 _' 1 /' a ~o ,485 x 4567 ~ - (l ...~.~ 4573 y .. . R .. 4585 ~ 2 ~ ~ .. "~ v ; .. ,. ~..~ _ ,~ ti ~~~ 4590 J .___.. ~~, t ' ~~ ~F 11 ...-' a ,,t.,~ < , - S ~, __ .. ..... ' , ~~ ~` 1 __. ._._. .._._.. _ _.__... _ ~. ~ ~ r ~ ~_ r 4 _._GCo^Rd~32~ CTiff ~toa......_.._ _._ .._~.~. .-_-y .-._..~ __ ~ ~w. _._. _ , - _ --_ --__----._ _ .__ ~.~~ _ _ ,,.. m: - _ _ _... _ .. -- --- J J N' N i r~ , `~ J. i ~ ~ _ _ .. ,.; , " ~ t 3 , t 1 I ,. _ . _, .. . ,.. ., i .... . __ _._,r . ,' >-` ~, r ' ~ r- ..- z s , .. G:Feasibility Reports2003\Lake Pork Shores & Thomas Lake Additions - 895\st_imp & area assess map tt-7-03 Lake Park Shores & Thomas Lake Additions Street Im rovements /Area Assessment Map Fig. 2 City of Eagan ~~'7 City Project 895 3" BITUMINOUS SURFACE ~' EX. D412 CURB 6" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section EDGE MILL ~ (6'-8' wide) Typ. 32' (F- 1~/2' TYPE 41 81TUMINOUS OVERLAY ,,, ,,. _..~ , , _ , ~_ ~ ~~.~--ter REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section G: FeasibitityReports2004\Lake Park Shores do Thomas Loke Additions - 895\typical sections t0-2a-o3 Lak Park Shores & Thomas Lake Additions Fig. 3 City of Eagan ~~ ypical Sections -Project 895 CITY PROJECT NO 895 INFORMATIONAL NEIGHBORHOOD MEETING LAKE PARK SHORES/ THOMAS LAKE ADDITIONS STREET IMPROVEMENTS THURSDAY, DECEMBER 11, 2003 6:30 P.M. COMMUNITY ROOM Attendance: John Gorder, Assistant City Engineer, 1 person representing 1 property (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the resident and provided a brief project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments The resident and Gorder discussed various street and yard drainage situations throughout the project area. The resident suggested that another letter be sent to the residents to encourage them to initiate any planned improvements on their lots to coordinate with the City's proposed project. This would reduce the damage to the new street after the overlay has been completed. The meeting adjourned at 6:55 p.m. F:IGROUP\ENGINEER1Russ Matthys\'03\Misc\Minutes - 895 lakeparkthomas lake.doc /o/ t NEIGHBORHOOD MEETING LAKE PARK SHORES ~ THOMAS LAKE ADDNS PROJECT 895 THURSDAY, DECEMBER 11, 2003 - 6:30 P.M. NAME ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet /D~- Agenda Information Memo December 16, 2003 Eagan City Council Meeting E. PROJECT 898, TERMINAL DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 898 (Terminal Drive -Street Overlay) and authorize the preparation of detailed plans and specifications. REQUIRED VOTE FOR APPROVAL: 4/5`h of all Council Members FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 63 miles of local streets. • The resurfacing Terminal Drive has been programmed for 2004 in the City's 5-Year Capital Improvement Program. In January, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 3, 2003, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the Terminal Drive between Yankee Doodle Road and Highway 13. • On November 18, 2003, the feasibility report for Project 898 was presented to the City Council and a Public Hearing was scheduled for December 16 to formally present and discuss the report with the adjacent property owners. • An informational meeting was held on December 11 in the City Hall Conference Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 28 commerciaUindustrial properties proposed to be assessed under this improvement, 1 person representing 1 property (4%) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages~through~~ • Informational Meeting Minutes, pages~~ /03 t City of Eagan Report for Terminal Drive Area Street Revitalization City Project No. 898 Eagan, Minnesota December, 2003 /oy city of eac~en PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES Ciry Administrator Municipal Center. 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www ciryofeagart.com THE LONE OAK TREE The symbol of strength and growth in our communiry ' December 11, 2003 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road ~ Eagan, MN 55122 Re: Terminal Drive Street Improvements City Project No. 898 Dear Mayor and City Council: Attached is our report for the Terminal Drive -Street Improvements, City Project No. 898. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, ohn P. Gorder Assistant City Engineer Reviewed By: Dept. of P b~ic Works f Review y: Finance De t. /os I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Mirmesota. (~ John P. Gorder Date: /~-//-0 3 Reg. No. 22813 Date: ~ Z - 12~ - C 3 Date: ~ ~ ~l ~ A3 TABLE OF CONTENTS Letter ofTransmittal/Certification Table of Contents Page Introduction .......................................................................................................2 Scope .......................................................................................:......................... 4 Feasibility and Recommendations ..............................................................................4 Street Evaluation .................................................................................................. 4 Proposed Improvements ..........................................................................................5 Easements/Permits ................................................................................................ 7 Cost Estimate ....................................................................................................... 7 Assessments ........................................................................................................ 8 CommerciaUIndustrial .................................................................................. 8 Assessment Financing Options ................................................................................. 8 Revenue Source ................................................................................................... 9 Project Schedule ....................................................................................................10 LIST OF APPE?~IDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section -Overlay - 4 Detail Plate -Commercial & Industrial Concrete Entrances /06 December 2003 Street Improvement Report Terminal Drive Eagan, Minnesota Introduction! History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. Terminal Drive extends from Yankee Doodle Road to Highway 13 in northwest Eagan. Terminal Drive is approximately 0.7 miles long and is identified for the 2004 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. The street was constructed in 1970 as part of an adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 30+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. /a7' Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that the streets were last seat coated in 2000. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. During the past few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas, placed leveling, and maintenance overlays on portions of the streets under consideration. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed bituminous overlay proposed with this project. (See example photo) _~ - ' ~,.~<~: y- :r,- _ Y Yr ~~" ~ _ _ ~ n ~ ~z. ,_ , ~ :~ ~ ~~ r~ Y t lr. r , ~ ^'-'h y y ..9 --~a ~ /o~ ' Example of City Street Pavement Preparatory Maintenance Area The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scone This project will provide resurfacing (edge mill and overlay) for approximately 0.66 miles of roadway. Figure 2, located in Appendix C, illustrates the project limits. Also included in this project are replacement of the damaged curb and gutter, traffic sign replacement, adjustments to sanitary/storm sewer utility castings and water gate valves, as well as the removal and replacement of all existing bituminous commercial entrances with concrete aprons per current City standards. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2004 - 2008) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The /09 Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 . Routine Maintenance/Crack Seal/Seal Coat 36 - 55 j Patch/Repair and/or Overlay 0~ 35 Reconstruct The 2003 PCI rankings for Terminal Drive has a pavement condition rating of 58 which falls in the lower rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category, mainly due to the preparatory maintenance performed by City crews as mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category, therefore, the 2004 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fail further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavement maybe reduced. Proposed Improvements Streets -The proposed street improvements are shown in Figure 3. The existing street section consists of a 3" bituminous surface supported by 15" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 2- inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for commercial/ industrial streets. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. //d Curb & Gutter -Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 6% (400 feet) of the existing 1.3 miles of concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a 2' wide roll behind each section of curb and gutter that is replaced. While the Contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. Replace Street & Traffic Signs -Traffic control and street identification signage will be replaced if the reflectivity has diminished or supports posts have deteriorated, or if the signs or posts no longer meet City standards. Driveway Replacement -The existing bituminous driveway entrances throughout the project area are proposed to be replaced. The entrances will be reconstructed with 7"-thick concrete entrance aprons in accordance with Eagan Standard Detai1440, as shown on Figure 4. This driveway entrance replacement provides entrances of adequate strength and width and is consistent with similar past projects in commercial/ industrial areas throughout the City. ., r- ,~ .~~ ,~ ~i a ' ,, , ;A k ~ ~ ~ ` l `V~ . ~ ryr~ ~.~ ~ ,,r'ws , .. ~ T L"t'~.~t~ ~ r[ ~{.. k" _-..,mow! _ ~k~ ~ y .. -.' ~ ~- -~j~ r -M'K:~:. "... .ile .: _ ~~~. ~ ~J~' /~/6 Example of an existing blacktop driveway on Terminal Drive Easement/Permits All work will be in the public right-of--way. No additional easements will be necessary. It is anticipated that no permits tivill be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2004 construction costs and include a 5% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Terminal Drive (Yankee Doodle Road to Highway 13) • Edge Mill and Overlay ............................................$119,860 • Driveway Entrance Replacement .....................$110,840 • Repair Existing Concrete Curb & Gutter ..................$16,610 ^ Total ................................................$247,310 /i~2 , L.____r_ ___-______ _ _ . a Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local commercial/ industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy 1) % Commercial/Industrial = 6,836 f.f. / 6,836 (total f.f.) = 100% 2) [$119,860(Total Mill & Overlay Cost) x 100%] _ $119,860 (Commercial/ Industrial Assessment) 3) $119,860 (Commercial/Industrial Assessment) ~ $17.54/foot 6,836 CommerciaUIndustrial F.F Also, all adjacent properties with driveways not to current City standards are proposed to be assessed the total cost of driveway entrance replacement improvements on the basis of the area of driveway installed. The total driveway improvement assessment per lot is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances in accordance with current City standards. The average cost per driveway replacement is approximately $6,500. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years with the interest determined by the results of the bond sale used to finance the improvements. For example, commercial/industrial lots with a total assessment = $10,000 (street and driveway assessment) the following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: ~s Principal Per Year Interest Cost Per Year Per Year __ _ _ _ First Year ~ $1,000 ~- $550 ~ $1,550 __ ~ _ _. Tenth Year $1,000 $55 I $1,055 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $119,860 $119,860 -0- Driveway Replacement $110,840 $110,840 -0- Repair Existing Curb $ 16,610 -0- $16 610 Total $247,310 $230,700 ($16,610) The City's Major Street Fund will finance the estimated project deficit of $16,610 (6.7% of total). /i5` 9 Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 1 S, 2003 Neighborhood Meeting ...................................................................... December 11, 2003 Public Hearing ...................................................................... December 16, 2003 Approve Plans and Specifications .................................................................. January, 2004 Award Contract ............................................................................. February, 2004 Project Completion ................................................................................July 31, 2004 Final Cost Report .......................................................................... September, 2004 Final Assessment Hearing ..................................................................................... Fall, 2004 First Payment Due with Property Tax Statement .................................... May 15, 2005 /.~ to Appendix A -Street Overlay -City Project No. 898 Preliminary Cost Estimate Terminal Drive Bituminous Street Overla Item Unit Est. Q Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 4670 $1.15 $5,370 T e 41 Wear Course Mixture Ton 2,100 ~ $34.00 $71,400 Bituminous Material for Tack Coat Gal. 800 $2.00 $1,600 Adjust Frame & Ring Casting (Manhole Each 14 $260.00 $3,640 Traffic Control L.S. 1 $2,000.00 $2,000 Re lace Street & Traffic Si s L.S: 1 $1,300.00 $1,300 Subtotal $87,810 + $% Contin encies $4,390 Subtotal $92,200 + 30% Indirect Costs $27,660 Total $119,860 Repair Existing Concrete Curb & Gutter Item Unit Est. Q Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 400 $4.00 $1,600 B618 Concrete Curb and Gutter L.F. 400 $15.00 $6,000 7" Concrete Valle Gutter S.Y. 23 $50.00 $1,150 Adjust Frame & Rin Castin (C.B) Each 8 $200.00 $1,600 Sod w/To soil S.Y. 110 $10.00 $1,100 Bituminous Drivewa Patchin S.Y. 30 $24.00 $720 Subtotal $12,170 + $% Contingencies $610 Subtotal $12,780 + 30% Indirect Costs $3,830 Total $16,610 /i~ Driveway Entrance Replacement Item Unit Est. Q Unit Price Est. Cost Drivewa Entrance Re lacement S.Y. 1,160 $70.00 $81,200 Subtotal $81,200 + 5% Contin encies $4,060 Subtotal $85,260 + 30% Indirect Costs $25,580 Total $110,840 Total Proiect Cost $247,310 /i~ Appendix B -City Project No. 898 Preliminary Assessment Roll Terminal Drive Front Foota a Street Assessment's Driveway Assessment ~1 Total Assessment Best Brands Second Addition 1765 Yankee Doodle Rd. 10-13831-010-01 363 $6,367 $6,883 $13,250 Sible Terminal Industrial Park 1710 Alexander Rd. 10-68050-010-01 296 $5,192 $5,192 3320 Terminal Dr. 10-68050-081-02 207 $3,631 $5,736 $9,367 3320 Terminal Dr. 10-68050-082-02 183 $3,210 $5,736 $8,946 3300 Terminal Dr. 10-68050-070-02 317 $5,560 $5,560 3290 Terminal Dr. 10-68050-060-02 226 $3,964 $3,964 3280 Terminal Dr. 10-68050-050-02 265 $4,648 $4,648 3255 Terminal Dr. 10-68050-040-02 280 $4,911 $5,258 $10,169 3240 Terminal Dr. 10-68050-030-02 120 $2,105 $7,361 $9,466 3240 Terminal Dr. 10-68050-031-02 141 $2,473 $6,405 $8,878 3220 Terminal Dr. 10-68050-020-02 349 $6,122 $6, 118 $12,240 3210 Ternunal Dr. 10-68050-010-02 561 $9,840 $9,840 3207 Terminal Dr. 10-68050-011-02 256 $4,490 $15,678 $20,168 3195 Terminal Dr. 10-68050-021-01 200 $3,508 $7,361 $10,869 3209 Terminal Dr. 10-68050-032-01 136 $2,385 $2,385 3215 Terminal Dr. 10-68050-031-01 136 $2,385 $5,927 $8,312 3227 Terminal Dr. 10-68050-040-01 130 $2,280 $2,280 3227 Terminal Dr. 10-68050-041-01 125 $2,193 $2,193 3245 Terminal Dr. 10-68050-050-01 287 $5,034 $6,214 $11,248 3245 Terminal Dr. 10-68050-062-01 80 $1,403 $1,403 3259 Terminal Dr. 10-68050-061-01 447 $7,840 $6,405 $14,245 3291 Terminal Dr. 10-68050-080-01 348 $6,104 $6,023 $12,127 3303 Terminal Dr. 10-77199-020-01 272 $4,771 $4,876 $9,647 1769 Yankee Doodle Rd. 10-77199-010-01 281 $4,929 $4,929 Tan Me Industrial Park 3265 Sun Dr. 10-75100-010-01 244* $4,280 $4,280 3275 Sun Dr. 10-75100-020-01 244* $4,280 $4,280 3285 Terminal Dr. 10-75100-030-01 343 $6,016 $6,016 Totals 6,836 $119,860 $110 840 $230,700 * Based on average front footage of parcels adjacent to Terminal Drive => 6,343'/ 26 parcels = 244 ft. '~ Street Front Footage Rate = $17.54/FF '~ Driveway Assessment Rate = $95.60/Square Yard /i ~s Q: C r- ~~~N M~GP Z i c o z ~ ~= r;a o ~ ~ MEADO VIEW RD. ce ~ ~ RED CEDAR F F~tNV~ GR. AC~NOER ROU Rp R OAKS RD. Project Location ~,y z ~~ o? 9 O'o a 9 BUJ YYY SG ~ 3 OR. `~ ~ W 1' O c~ " ~i`F A ~ w SNO F LETENDRE ST. m W DR. ?" `~~ ^"~ • ~ o ° QUA RRY ~' J ~ Z ~ w J_ Q /' ~ ~'y~F~ ~~ Q w = U Z RIVER BLUFF p 27 = o DONALD O Op O w GT. AF Y CENTURY RO > IJ PT. YANKEI Q~ W l ,F~~' ~ WATER 97 a a ~P TREATMENT w °P~ FACILITY gs ~ °o Z S ` ~ cITY ~ j ~'O ~' 00`' MAINT. c=i a N COgCH J SAN ~9,G ~ GQ' FACILITY p = V ~ C y`c'~Q ~~c !v ~J ooFF~r U ~ ~ti9~y tiq \~ ~"9C BOARDWALK o p~ ~'QO ASHBURY F ui ~ PARK ~G B~p,CKHAWKRO SKY HILL J m ¢ PL. S ~~~0 'Sq~ ~ ~ O OURD,gN ~ 31 PARK ROAD P AC/F/C AV ~ 6 i ~- FF ~ ' ~ ~ ~ G ~ CRESTRIDGE LN ~ F ~ O O • ~ . RE ~ RO '~p p S ASHBURY ~' •~ ` ' ~ e~ti ~O ~ ~= DEER POND MONTEREY LN. p ~ 7,1 ~ O y O CT. ~ C 'til 09 ~ ~,F 2 CIR. J ` O ~~v BIRCHPOND PL J V KYLLO LN. ~ Y K CKHP~ Y g ~ ~ U Q- ,Q .~ a C w 'Y BLP ,qs, y G ' ~P Q er\~~o Q- j F e~'Ry e ~ ti~< ~ ~ ,~ U ~ m ~P S T RD. MERLOT ~ 9 G OJ Y 0SC' _ ~ = H BL BURGUNDY O~ ~ ~ .>, ~ei~ ~ r~ ~ Y g RI m ~~ Q-' ~ ?CIR. O g a ~~ O w ~~ p0~0 RNGOO ~ o SKA CIR. ~'~~ O m RIVERTON 1'ALAKE PK m BLA KHAN SILVER BELL RD. or `~ ~ M .. .- ..~ .... G:Feasibility Reports2004\Terminal Orive - 898/location map io-2o-03 Terminal Drive Overlay -Location Plan City of Eagan ~ ~ ~ ~ y Project - 89° Fig. 1 R(D~~ ~----iJ v °~~ x P Rr L gyp, ~\ o~s.~R\P ~~~,ox ~~R \NP ~ a zee or _ ~ eye , ~ u+'°~ s ~.o z. ¢~p, ~,~ ,~y ~ ,~ o,~ ; ~P ~~(~~~ ~ ~ ~ _ n' 314 `~~ (GO ~~L'~' " ~ ~ hW- Q ? ~yoa .~cd.J ~ 09 \, QROpDg SSMR~~'PR~ Tq moo ,~A,~ a 2 s F F' P`~'~'~ ~ "~ ,- /~~(~ ~ ATF~ V ~~-.:; 1 ~ ~ ~~C'EN~ P~ ~ ~ ,~s~~ ~~~ A ~ ~~ ~ ~ ~ s ~~ ~ i, /`' R~Q 2 ~ 3~ \~O >= ~ !w ~~ , ~? 3y9, LL Q~\ ~-` ^~~~. rv )~ O' ~~ , W ~~ op m ~'"~- ~;' ~ a~ OHO ~~ i ~O`' - Q4' ~ ~ , ~bs ~ ~ eij6 d , F\9.2 i ,; -.,YANKEE ,,~~ _ Je`\`dy er,~MaP ,,~ p s~` o°°~LF Je s,~Ceea PSSes moo g9a s`wm~e~~`vemeptoleG~~ _._... & oleo \O`\ t Pi 9v " ' nod o,,~e ~ ~~,~p~° ty Qep~~=Z~~~s ""' ~ ee S~ ~a9yn Gdy of 60' ROW 44' (F- 3" EX. BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE 9" CL. 4 AGGREGATE BASE Existing Typical Section 60' ROW 44' (F- EDGE MILL (6'-8' wide Typ. 2" TYPE 41 BITUMINOUS OVERLAY - BITUMINOUS TACK COAT 3" EX. BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE 9" CL. 4 AGGREGATE BASE Bituminous Street Overlay EX. 8618 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Proposed Typical Section G: Feasibilityf2eports2004/Terminal Drive - 898\typical sections io-2o-03 Terminal Drive Street Overlay Fig. 3 City of Eagan ~---r~~Cpical Sections -Project 898 EGRESS LANE ROADWAY WIDTH(F-F) DWY WIDTH LIGHT TRUCK RADIUS DWY WIDTH SEMI TRUCK RADIUS 12' 36' 28' 20' 34' 25' 12' 44' 28' 20' 32' 25' 12' 44' 30' 30' 12' 48' 30' 30' 34' 35' 12' S2' 28' 25' 34' 30' 26' 30' 32' 35' 22' 36' 38' 20' 44' 25' 22' 44' 38' 20' 42' 25' 40' 30' 22' 48' 40' 30' 44' 35' 22' 52' 38' 25' 44' 30' 36' 30' 42' 35' :.~_ .. a •.. •. .• ~ - a '..• •.~~ ...' ..a • .. NOTE: t NOTE: SEE ABOVE CHART 7" MINIMUM THICKNESS FOR REQUIRED RADIUS REQUIRED ON ENTIRE APRON. & ENTRANCE WIDTHS. SECTION A-A No Scale MAXIMUM 8' TRANSVERSE JOINT BETWEEN JOINTS I A J • d .• RAD.-B6 Curb •~ •.: ~'•• ~ ~~••. ~ • • • ~ • .. ., s: a': ~ ~ 12'_6„ •' .~ 'a •' .d • .. • "y I~aX. • A •;•~ d 9 .• d ~ .. ..~ .. ''d' a CONTRACTION JOINT EXPANSION JOINT A 1. WHERE NEW DRIVEWAYS ARE TO BE ADDED 3. CONTRACTION JOINT PATTERN TO BE ACROSS EXISTING C&G, REMOVE EXISTING DETERMINED BY ENGINEER. C&G AND REPOUR INTEGRAL WITH THE CONCRETE ENTRANCE. 4. REQUIRED MIX DESIGNATION = 3A32 2. CONCRETE APRON TO BE REQUIRED FOR ALL ENTRANCES. PLAN NO SCALE c:\F.owmly nport~\F.a.mab ~ rocs\r«m~,a arl. - eoe\camm.sia e~.r .rr nq PUBLIC STANDARD WORKS Terminal Drive PLATE Fig. DEPARTMENT City of Eagan Drivewa s -City Proj. No. 898 440 4 CITY PROJECT NO 898 INFORMATIONAL MEETING TERMINAL DRIVE STREET IMPROVEMENTS THURSDAY, DECEMBER 11, 2003 3:30 P.M. CONFERENCE ROOMS 1 A & B Attendance: John Gorder, Assistant City Engineer, 1 person representing 1 property (3245 Terminal Drive). Gorder welcomed the property owner. The property owner was comfortable with the project as proposed and outlined in the correspondence mailed with the public hearing notice. The property owner wished to discuss possible driveway entrance relocation and a water main service stub for possible redevelopment of the property in the near future. The new entrance and water main stub, if necessary, can be constructed and assessed to the property as part of the project. The property owner will stay in contact with City staff about the need for this construction as the project and possible redevelopment progresses. The meeting adjourned at 3:45 p.m. F:\GROUP\ENGINEER\Russ Matthys\'03\Misc\Minutes - 8951akeparkthomas lake.doc l 23 Agenda Information Memo December 16, 2003 Eagan City Council Meeting ~~D..~U~ A. 2004 FEE SCHEDULE ACTION TO BE CONSIDERED: To adopt a resolution approving the 2004 Fee Schedule establishing fees for various City services, supplies and materials, and approve changes in certain licensing fees for 2005. FACTS: • At its October 14 special meeting, the City Council asked staffto research the mean and median user fees in comparable cities for each fee provided in the City's fee schedule. • Research has been completed by staff and in many cases, the 2003 AMM Municipal License and Permit Fee Survey was utilized as a source of information. The data has been compiled and reviewed by the Finance Department. • Most proposed changes are a result of the research. Proposed changes in utility rates, special assessment rates, and a few other fees are based on costs and/or other indices, not mean or median rates among cities. • The proposed changes (including liquor license fees recently approved by the Council) aze expected to accomplish the Council's goal of raising total user fees by $150,000 as part of the 2004 General Fund budget solution. • Although not specifically listed in the Fee Schedule, recreation program fees are proposed to be increased in approximately 25 programs, with a total budget impact of $30-40,000. • In addition, a $2/participant charge to youth athletic association in-house sports participants to offset field maintenance costs has been included in the Parks & Recreation section. Currently, only travel team sports pay a nominal fee to offset field maintenance costs. The impact of such a fee would be approximately $11,000 annually. This is a specific public policy issue for the City Council's consideration. • Certain licensing fees (dogs, tobacco, etc.) that currently fall below the comparable-city median have not been proposed to be increased in 2004 as the licensing process has already begun. Proposed increases for the 2005 Fee Schedule aze attached. ATTACHMENTS: • A copy of the existing 2003 Fee Schedule mazked-up with proposed changes for 2004 is attached on pages ~S' through ~ . • A list of licensing fee increases proposed for 2005 is enclosed on page ~ J U. /ay city of eagan Fey fiche u9~ Approved by the City Council at its Fees are effective January 7, 200 ~~ 3 December y7; 200, meeting. ia~ Table of Contents Page Licenses and Permits Alcohol ................................................. ..............................1 Other .................................................... ..............................2 Tobacco and Liquor License Violations ..............................4 Development Review .................................... ..............................5 Construction-related Permits ......................... ..............................6 Escrow 9~~ ~~5 .......................... ..............................7 Other Development-related Charges Park, Trail, Water Quality Dedication .... ..............................8 Tree Mitigation/Replacement ................ ..............................8 Inspections Fees/Permits Building Permits ................................... ..............................9 Mechanical Permits .............................. ............................10 Plumbing Permits ................................. ............................10 Other Inspections ................................. ............................11 State Surcharge ................................... ............................12 Utilities Fees/Charges Connection/Availability Charges ........... ............................13 User Rates ........................................... ............................14 Other Utilities Fees ............................... ............................15 Water Meters ........................................ ............................16 Street and Trail Special Assessment Rates ... ............................17 Other Assessment-related Charges .............. ............................17 Parks and Recreation Charges ..................... ............................18 'Police Department Charges .......................... ............................21 Fire Department Charges .............................. ............................22 Fire Department Training Room Rental ......... ............................23 Equipment and Staff Rates ............................ ............................24 Miscellaneous Fees/Charges ........................ ............................26 Summary of Connection Charges .................. ............................29 c,,,~,M~~~ ~.~ F~ /a6 4 200,3~FEE SCHEDULE LICENSES AND PERMITS Fee Alcohol Sales: Beer Application and investigation $ 358:8f) (1) ,jGt~,oO Off-sale license -~s69 (Gi!j,od On-sale license 356°66 45a Sao Temporary license 25.00 Liquor Application and investigation 366:90 (2) ,~jOr~.ao Off-sale license 200.00 On-sale license -~eee-ee- 5 e~ a-ffia~-~. P . ~ Q . ~ ~,n Sunday license 200.00 On-sale club license ~, < 200 300.00 ~l~ ~ 201-500 500.00 O~L ' ~ ~ v 501-1,000 650.00 ~~ ~ ~.~~' 1,001-2,00o soo.oo ~~, o~ ~~ 2,001-4,000 1,000.00 4,001-6,000 2,000.00 > 6,000 3,000.00 Temporary (up to 3 days) 150.00 Wine Application and investigation ~~ (1) ~~~ On-sale license 'x#88-60 I ~ ~ DD ~~ Sunday license 100.00 Daily consumption and display 25.00 Annual consumption and display 300.00 Daily sports or convention 50.00 Annual sports or convention 600.00 Duplicate license 5.00 3~ DO (1) When wine and beeJr licenses are applied for by the same applicant, the total maximum application and investigation fee is $3~59:~0. ~EaD.Oo (2) Als3re~' es an escrow deposit of $1,000.00 for up to 5 perso~~ring investigation p 00 for each additional~~ soe~f~~ie i evn stigation is conducted in Minnesota, or ~ , p to 5 persons requiring investigation plus $400.00 c additio on if the investigation is conducted outs' ' ""nesota. ~~ n ~ <i ~: ~ ~ ~ ~ ~~V ~ ~~ ~ 2~-~ pp~ _ rj,5p~oc~ D ~o f3 ~ ~ ~,~~i,.~- .~ ~ 3 do ~~ ~ $~D~oDd r ~~~~ ~~ ~~ ~~^~ c~'"~` r ~, G~G~. ~Zvo~~~~r~,,, b~~( -dire ~ ~ ~~~fi . I ~, lad 9- 200~FEE SCHEDULE LICENSES AND PERMITS (cont'd) Fee Adult establishments: Investigation $ Annual license Adult companionship/escort service provider: Investigation Annual license (one license included w/ adult establishment license) Amusement, mechanical 1-3 machines 4-9 machines 10-15 machines > 15 machines 300.00 Requires $1,000 escrow 5,000.00 300.00 Requires $1,000 escrow 850.00 25.00 per machine 200.00 total 350.00 total 500.00 total Contractors license -Plumbing MN Dept of Health Bond & Insurance Cert. or ~ ($25,000), and MN Master Plumbers Cert. Sewer and Water Unlicensed ABC, LECET, or MUCA Pipelayer Training Certification & MN Dept of Health Contractor Bond Certificate ($25,000) Dance hall -initial investigation 300.00 Dance hall -annual permit 300.00 Dance, public -single event 50.00 Dangerous dog registration Original registration, sign, and tag 25.00 Registration renewal (2-year) 25.00 Development-related permits See pages 5 through 8. Dog license (2-year) 14.00 [Licenses are also available at all Eagan veterinary clinics.] Duplicate dog tag 2.00 Fertilizer, commercial turf applicator license 50.00 Gambling -investigation 250.00 Golf cart, motorized permit 25.00 Golf driving range license 50.00 Hunting, bow permit -resident 10.00 Hunting, bow permit -non-resident 25.00 ~a9 4 200,3r FEE SCHEDULE LICENSES AND PERMITS (cont'd) Fee Kennel permit -initial $ 100.00 Kennel permit -renewal 50.00 Massage therapy establishmt -investigation 300.00 Massage therapy establishmt -license 300.00 Massage therapist -investigation 100.00 Massage therapist -license 25.00 Massage therapist -off-site application 15.00 Paintball facility -investigation 50.00 Paintball facility -license 150.00 Parade permit 25.00 Pawn shop -investigation 850.00 Pawn shop -license 12,000.00 Pet shop license 100.00 Public utility maintenance vehicle permit 25.00 Rubbish hauler - comm'I, residential, recycling only, or construction/demolition debris 1St truck 50.00 Each additional truck 25.00 Service station license 100.00 Shows (circus, carnival, etc.) Investigation 50.00 License 25.00 Stables license 50.00 Tobacco sales license 100.00 Tree contractor license 25.00 includes 1 therapist license per owner /.30 3 4 200,3 FEE SCHEDULE TOBACCO LICENSE VIOLATIONS: Licensee: First violation at licensed premise Second violation within 24 months of first violation at licensed premise Third and subsequent violations within a 24-month period at licensed premise Other individuals: $ 75.00 200.00 250.00 50.00 LIQUOR LICENSE VIOLATIONS: Licensee: First violation at licensed premise Second violation within 24 months of first violation Third violation within 24 months of first violation Fourth and subsequent violations within 24 months of first violation 500.00 1,000.00 1,500.00 plus seven (7~day suspension of license 2,000.00 plus thirty (30)-day suspension of license /3/ 4 200,8' FEE SCHEDULE DEVELOPMENT REVIEW For the charges below that require escrow deposits, refer to p. 7 for the amount. Application Type Comprehensive Plan Amendment Conditional Use Permit (CUP) * Final Planned Development Final Plat Final Subdivision Final Subdivision extension Interim Use Permit (IUP) * Planned Development -annual review Fee Escrow required? ~ SDO , DD Yes ~r 3SO• ~ a.AA~ Yes 3 ~•'~ -z98:98~ ?i~~• ~ a.g9-g6~Ye~ Z~ Oo plus 3.00/lot 75.00 No ~F~9~9' Y~ Z~p.oa Planned Development Amendment (separate from rezoning) Preliminary Planned Development 100.00 No 150.00 Yes 250.00 Yes Preliminary Subdivision * -a89.98~ Y~ e~ ?j~p.~o Rezoning * X5@-86' Y~ 3~. ~ * Waiver of subdivision -duplex lot splits * 50.00 No Waiver of subdivision -single-family zoned * 300.00 -Ple Yes Waiver of subdivision -other * 150.00 Yes * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. V~l~~{ --- ~j>j~eQ~w4voti( ~v,d~ ~~5 - si tc, PL°"' ~w ww t s~ . too /3 ~ 4 200~FEE SCHEDULE DEVELOPMENT REVIEW (cont'd) Driveway agreement preparation Lot combination agreement Vacation proceedings Fee $ 200.00 200.00 300.00 plus out-of-pocket City costs on replacement easements and/or transfer of property if handled outside normal subdiv. process Industrial revenue bond and multi- S~O~.D~-596-66 plus out-of-pocket City costs family housing bond processing Tax increment processing fee 500.00 plus out-of-pocket City costs CONSTRUCTION-RELATED PERMITS Construction in City right-of--way/easement Driveway/sidewalk Grading/excavation If preliminary platted If not preliminary platted 0-5 acres each additional acre over 5 Renewal 20.00 300.00 200.00 50.00 (600.00 maximum) 200.00 RIGHT-OF-WAY (ROW) MANAGEMENT FEES ROW registration fee 40.00 ROW excavation permit 180.00 ROW excavation fee (new development) 90.00 Obstruction permit 50.00 /33 6 ~" 200,E FEE SCHEDULE ! ESCROW ~PostTS The City requires the following escrow deposits ~cl~e. The amounts represent initial deposits, not actual charges. Additional deposits may be required as City costs are incurred. Initial Escrow Deposit Preliminary Subdivision application OR Preliminary Planned Development OR Waiver of Subdivision-other OR Comprehensive Plan Amendment Final Planned Development Final Plat Final Subdivision application -1-3 lots Final Subdivision application - 4 or more lots $ 150.00 per acre 1,500.00 minimum for single fam 3,000.00 minimum for C/I and townhomes/multiples 4,800.00 maximum 2,000.00 500.00 2,000.00 4,000.00 Contract management < $150,000 estimated construction costs $150,001-$500,000 est constr costs > $500,000 estimated construction costs Conditional use permit (Not required if subdivision escrow has been collected as part of same application.) Interim use permit -when site plan is involved (Not required if subdivision escrow has been collected as part of same application.) Rezoning (Not required if subdivision escrow has been collected as part of same application.) Variance - ~h~~%~C /3 y 8% of costs 1,000.00 minimum 6% of costs 12,000.00 minimum 5% of costs 30,000.00 minimum 500.00 500.00 500.00 9 ~~~ 7 4 200~FEE SCHEDULE OTHER DEVELOPMENT-RELATED CHARGES Fee Parkland dedication: Single-family $ ~;&Q8-66~ per unit ~ ~q~3 p0 Duplex x-69 per unit i ~q u9 ~ Townhouse/Quad A per unit ) ~~~,~.~~ Apartments/Multiple .86:50 per unit ~? ~,~ Commercial (post-1/1/83) ,433-94 per net acre q p ~ j Industrial (post-1 /1/83) x-90 per net acre ~, p0 ~3 Commercial/Industrial (pre-1/1/83) 2,056.00 per net acre Trailway dedication: Commercial/Industrial 1;99s~1S0 per net acre ~.~33•°'v Residential x-80 ~ per unit (q~.DO Water quality dedication: Charges are based on the following per-acre land values: f -39 Si l il 969 ~~ 3~~ ~ ; ng e- am y : 3g l Agg .gg D . Oo ~ ~ 2~'~ ; ex . ; up . j ~ Townhome ~~5~ 4-c7~ ~$~ ,oo Apartments, Schools & Churches 44 '~ 15•os Commercial/Industrial ~56;966~6- rPS; ~C.b pd Excavation rate x:3+0 -~-59~ per yard Tree mitigation/replacement: Refer to City Code section 11.10, subd. 15.1 for calculation. Individual trees Woodland areas /3 s' 120.00 per diameter inch 1.20 per sq ft of woodland 8 4 200$'FEE SCHEDULE INSPECTION FEES/PERMITS Building permits: Building permit fees are based on the 1997 UBC Fee Schedule. Permits are issued to specific lots. A change in address or lot after issuance is subject to a $50.00 transfer fee. Permits with valuation exceeding $10,000 are subject to a Plan Check charge. In addition, there is a State surcharge on all permits; the surcharge fee schedule is on page 12. The following connection and availability charges are also collected with the building permit fees: Sewer availability charge (Met. Coun- 1 ~'~~.~~ cil Environmental Svcs -SAC chg) $1r2~5-90 (These fees are for Sewer availability charge (City) 100.00 single-family dwelling Water supply and storage (City) ~jood96rr.00 permits; see pp.13 & 16 Water meter (5/8°) 121.00 for fees for other Treatment plant charge ~$$ .~0.564:00 construction types.) Buildin4 permit valuation Fee < $500 $ 30.00 501-2,000 30.00 plus 2.60/ $100 valuation* > $500 2,001-25,000 69.25 plus 14.00/ $1,000 valuation* > $2,000 25,001-50,000 391.75 plus 10.10/ $1,000 valuation* > $25,000 50,001-100,000 643.75 plus 7.00/ $1,000 valuation* > $50,000 100,001-500,000 993.75 plus 5.60! $1,000 valuation* > $100,000 500,001-1,000,000 3,233.75 plus 4.751$1,000 valuation* > $500,000 > 1,000,000 5,608.75 plus 3.651$1,000 valuatn* > $1,000,000 Building permits for selected work at existing residences: Lower level remodel, deck, fireplace/fireplace stove, nail salon, greenhouse, tent >200 sq ft, canopy 400 sq ft 69.00 plus 1.00 State surcharge * or fraction thereof ., /~ 9 4 200,3` FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Mechanical permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) Fee New construction $ 70.00 per dwelling unit ModificatioNalteration (i.e., furnace,A/C,air exch) 30.00 (Permit not required for lower-level ductwork alterations.) Supplementary furnace 50.00 per dwelling unit Commercial/Industrial/Apartment buildings HVAC 1 % of contract price ($50.00 minimum) Process piping systems 50.00 Plumbing permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) New construction 90.00 per dwelling unit Modifications that alter living area 50.00 Add/replace softener, water heater 15.00 Private sewage disposal system 100.00 (includes 40.00 Additional, per as-built 10.00 County permit fee) Abandonment of private sewage disposal 50.00 system-demolition Turnaround 50.00 Reduced pressure zone (RPZ) backflow preventer 30.00 Lawn irrigation system 30.00 Commercial/Industrial/Apartment buildings All plumbing 1 % of contract price ($50.00 minimum) RPZ -new/repair 50.00 per building Fire Suppression Permits: 1 % of contract price ($50.00 minimum) /~7 10 4 200,3 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Other inspections fees: Electrical permits Plan check (applies if valuation > $10,000) Demolition permit Day Care Moving permit-building Sign permit Wind energy, radio and N tower permit Underground storage tank installation/removal Fee Issued by the State 65% of building permit fee $ 75.00 50.00 75.00 plus cost of damage/ repairs. Escrow to be determined on case- by-case basis. 2.50 per square foot Based on value-see building permit fee schedule 70.00 Building permit investigation fee 50% of plan check fee (applies to approved permits abandoned by applicant) Bldg/Plbg/Mech permit investigation fee Double the base fee (applies when work commences prior to permit issuance) Lot transfer or address change fee Replacement building permit field card Duplicate certificate of occupancy Re-inspection fee After-hours/weekend inspection fee Address change after building permit issued Permit refunding fee State of MN contractor license verification Street name change application /,3 8' 11 50.00 5.00 5.00 50.00 per hr. - 1 hr minimum 50.00 per hr. - 2 hr minimum 50.00 50.00 5.00 100.00 plus out-of-pocket City costs 2003 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) State surcharge The State of Minnesota requires the following permit surcharges to be collected by the City and remitted to the State Building Permits: Fee Value-based Hermits < $1,000,000 valuation 1,000,001-2,000,000 2,000,001-3,000,000 3,000,001-4,000,000 4,000,001-5,000,000 > 5,000,000 Fixed-fee aermits .0005 x valuation 500 + .0004 x (valuation -1,000,000) 900 + .0003 x (valuation - 2,000,000) 1,200 + .0002 x (valuation - 3,000,000) 1,400 + .0001 x (valuation - 4,000,000) 1,500 + .00005 x (valuation - 5,000,000) Permit amount 1,000 or less .50 Permit amount > 1,000 Permit fee x .0005 Mechanical, Plumbing, and Fire Suppression permits: Permit amount $1,000 or less .50 Permit amount > 1,000 Permit fee x .0005 /.3 9 12 200~FEE SCHEDULE UTILITIES FEES-CONNECTION/AVAILABILITY CHARGES Trunk charges: Fee Sanitary sewer oversize Unplatted and platted non-resid. Platted residential Water main oversize Unplatted and platted non-resid. Platted residential Storm sewer oversize Single-family Multi-family Non-residentia! Lateral charges: Sanitary sewer Water main Single-family Multi-family and non-residential Storm sewer (based on pipe at 15' depth) 12" storm sewer 15" storm sewer 18" storm sewer 21"storm sewer 24" storm sewer Service Charges: Sanitary Sewer: 4" service 8" stub Water: 1"service 6" stub ~p~p $~;6~4fl per acre (~ pO~ -~ per lot 2~ (b~ nr~s per acre ~ ~D¢o ~84F.r per lot fl~S :@9Z5- per sq ft . I (g1~ :4~-~ per sq ft 1425 . ~~' per sq ft 49.20 -48:66-y per centerline foot 49.7v x$: 56- per centerline foot (~2, ~o -6rt' -r'0'' per centerline foot J~3.4~ a2: ~~ 9fl fi6- per centerline foot . ~ ~9.9n $ per centerline foot 6- per centerline foot 64- .3 0 &~ 8~ per centerline foot ~3.~U - per centerline foot ~oo,oD 585.00 per service 1,38D.o0 1,340.00 per stub (o7b•v~ 650.00 per service 2,3 (7,GU 2,250.00 per stub Sanitary sewer availability (SAC): MCES portion-all property types 1~3~U,D~ 1,275.00 per SAC unit City portion-all property types 100.00 per SAC unit Water supply and storage: Residential 93p, pD X0'5 per SAC unit Non-residential ~,~i'1s~0o 3330• per acre Treatment plant: All property types ~$ ,bp y64 per SAC unit * SAC units are determined by Metropolitan Council-Environmental Services (MCES). /'f o 13 200~FEE SCHEDULE UTILITIES FEES-USER RATES Fee Sanitary sewer Residential and Commercial/Industrial (Usage is based on lower of winter quarter and current quarter water usage.) Administrative fee Z•Sp $ X39 All usage (min 3,000 gaVgtr) I . $i t~ Sewer-only (no water connection) 39,~~ x-36 Manual reading/billing fee- deduct meters 10.00 per bill per 1,000 gallons per quarter per meter, per read Water Residential and Commercial/Industrial Administrative fee ~ 4-O -8:8~- per bill All usage 1.00 per 1,000 gallons Hydrant/construction meter-minimum 5.00 per day Storm water drainage All properties except R3 R3 properties (20% credit) Street/signal lighting Neighborhood lights Single-family, twin homes (R1/R2} Townhomes (R3) Multiple residential Non-continuous Continuous (per LF basis) Continuous (per acre basis) Individual lights 100 WHPS 150 WHPS 200 WHPS 250 WHPS Community and signal lights R1 /R2 R3 R4 Non-residential '10~ -6:~~ per REF/qtr ~.~p0 ~~ per REF/qtr 3. $5 ~f$ per qtr/lot 3•c~8 Q'4S- per qtr/unit 'I •Dt7 ~~ per qtr/account 4.12 ~-t5- per qtr/acre lob .4g~ per qtr/LF tS.ob 4~6- per qtr/acre 22.~v 'h6-8s per light/gtr ~dg.9~ 3fi50- per light/qtr 3 A.o Sfl:~s- per light/gtr ~~ , $~ ~4a-~8- per light/gtr I •~ 4~$- per unit/qtr . t • Ib 1•-36~- per unit/qtr •~~ a-85 per unit/qtr 5'•$D --6:$6- per unit/gtr ~`i/ 14 200~FEE SCHEDULE UTILITIES FEES-OTHER Fee Water shut-off 3~,ov $ 38:89- (lam -4pm) Water meter removal/replacement/resealing 3S,oo 39-68- (lam -4 pm) Radio meter read (41 .oD -~:9~ Utility bill late charge 1.5% per month on unpaid balance Certification fee on delinquent utility bills 25.00 per parcel Sewer permit-new or repair of existing 50.00 Water permit-new or repair of existing 50.00 Temporary construction hydrant meters (6 mo max) Permit fee 40.00 per month, 3-month Hydrant damage deposit 200.00 deposit required 5/8" meter damage deposit 226.00 3" meter damage deposit 925.00 3" backflow preventer & cart damage deposit 1,800.00 Trip fee (if required) 35.00 ~fr~' 3/." backflow preventer deposit 28.00 Scheduled after-hours work Call out-2.5 hour minimum OT labor rate Extended day OT labor rate Meter testing (charged only if meter tests correct) 5/8" through 1" 60.00 1 '/4' through 2" 90.00 Ali other sizes Contract cost Water turn-on before all work satisfactorily completed (Fee includes refundable deposit of 170.00) 200.00 Private hydrants plus 15% admin fee to max admin of 60.00 plus 15% admin fee plus 15% Maintenance/flushing 30.00 Repair Time and material plus 15% Utilities customer list Mailing labels 125.00 Electronic transmission, weekly new customer list 50.00 per year /yam 4 200,3~FEE SCHEDULE UTILITIES FEES-WATER METERS Fee Water meters (includes copperhorn/strainer, remote wire, and touch-pad meter) 5/8" x 3/." meter 3/." meter 1" meter 1 '/Z" meter 2" compound meter 3" compound meter 4" compound meter 6" compound meter 1 %Z" turbo meter 2" turbo meter 3" turbo meter 4" turbo meter 6" turbo meter Replacement remote wire (over 50') Replacement outside touch-pad meter #2 copperhorns only Meter strainers only 2" strainer 3" strainer 4" strainer 6" strainer !y3 $ 121.00 4~0 ls~~ 200.00 484:00 48~.A0 2; 4-1~t:~6~ 2,1}x1. cb ~ 3.49 6';'1'00:00 V ~ 124 .oo ~s~9-e0 ?g8 .do 98-0'0 9g2.~o 1,3~-ee 1.334 ,oo ~:~6e- 2, 344.00 3;b37~"08~ 3,~go.oo 12 per foot 17.00 19.00 ~SQ:60 2$$p0 3886- 31,E ~ 53~:e~ ~'SBao 7s~-ee- ~o4.ov 16 4 200,~FEE SCHEDULE STREET ASSESSMENTS Fee Residential-32' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/grading and storm sewer Multiple and Institutional--44' wide Street surfacing Street surfacing with grading Street surtacing with storm sewer Street surfacing w/grading and storm sewer Commercial/Industrial Street surfacing Street surtacing with grading Street surfacing with storm sewer Street surfacing w/grading and storm sewer TRAIL ASSESSMENTS $ -~9~95- per FF ~°• °5 -86:135- per FF 6~ •~ 535- per FF ~3~'Io -~8~:80 per FF X4,05 -&4~:~95- per FF 61v .~ 4A4:~8- per FF 101.40 9:-96- per FF q4 Z~ jF3~t-:$~5-. per FF ~3S . I ~ B6:8~ per FF °Ja•?~ 438:~fr per FF 13q •$s 9~Or65` per FF tZ3 . tO'S 1.68:88- per FF 1'13 , 25 Concrete--6' wide (includes $4.OOIFF sod/grading) ~9~9~ per FF Zq.~~ Bituminous-10' wide (includes $4.00/FF sod/grading) ~A:fi~,-- per FF Zo.l$ OTHER ASSESSMENT-RELATED CHARGES Reallocation of special assessments Assessment search Pending assessment report Final assessment report Copies of legal description, owners, etc. !~~ 150.00 10.00 25.00 .50 per page (10.00 minimum) 1.00 per page 17 4 200,~FEE SCHEDULE PARKS AND RECREATION CHARGES Residents Non-residents All facility rental fees and charges are subject to 6.5% State sales tax. The following facility rental fees require a $150.00 damage deposit (exception: see note at bottom ,payable at the time of reservation: Trapp Farm, Thomas Lake, and Blackhawk Park pavilions: All day rental (10am-10 pm) $ ~0~ (2$.00 $ -x:66- I'Ib.bo Half-day rental (10am-4pm, or 5-10pm) ~,r.66' $S.oo x:69- IZZ~oD Blackhawk kitchen .~-AO ¢3.00 ,~;~~ 4~;c7r~ Enclosed park shelter buildings: All day rental (10am-10 pm) 1.6:66- I~~d-~ q~-6~6- 176.E Half-day rental (10am-4pm, or 5-10pm) ~:AO ~5 ~ fi~fr60 lZ3.d~ Athletic facilities/shelters: Fields-youth tournament (per field per day) -4$~ ~8~90 9ts~ov Fields-all other users (per field per day) .g9-88- - ?fl~oo 4-X6-88- 14a ,aa Lights, if required (per field per hour) ~.r.~66- 53.00 5A-A0 1 ~b~m Building cleaning (per day) x:96- 1U-bo ~,r.6@ ~S.ou ~~e~~~Lh p-reem-City Hall (NOTE: after-hours rental is 2-hour minimum): Youth groups-8 am to 4:30 pm deposit only N/A Youth groups-after hours (per hr) tOrO@ 11 •DD N/A Local civic groups-8 am to 4:30 pm deposit only N/A Local civic groups-after hours (per hr) ~-A~ 'L9 .~ N/A Other citizen groups Per hour rental ~s66 ti9 -~ 50.00 ~ Maximum one-day rental ~6 Z~V ~ 396'66 2-b~~OO For-profit organizations Per hour rental 6'8-60 b~ ~° ~~@ ?S.oo Maximum one-day rental 365-66 410.E 38rr~6- 410 •~ Note: School organizations that have a joint powers agreement with the City may use the City's park shelters and pavilions free of charge. However the organization must pay a $300.00 damage deposit per pavilion, per event, per school. /~s 18 200,8'FEE SCHEDULE PARKS AND RECREATION CHARGES (cont'd) Residents Non-residents The following charges are subject to 6.5% Sfafe sales fax: Sunshelters (per day) Picnic kit (requires $50.00 damage deposit) 3 items Each additional item $ ~:e~- ~3.0~ $ ~e ~v4-.va x:00"' ?.~ -3:66- 3,$0 Chuckwagon grill (per day) Canopy (per day) Extra picnic tables, each Tubing-Trapp Farm Park and Central Park Tubing reservations for groups of 20-80, (1.5 hour rental) Trapp Farm Park o~ 35:68- 4~jPD a~e:e~ t l •O° x:69- ~,So --x:68 Ioq- ~vo -66:60 ?~-vO _ 9o AD ~_ i(~.DD .~µ,~ Z1.oD 2.00 per day 3.00 /person 2.00 per day 4.00 /person Field/facility maintenance fees: Traveling youth teams (per team) -86:80 Adult-up to 9 games (per team) 49:90 9L•~ NIA zed ~ 36:06 ~-fib Adult-each additional game > 9 32,c?v ~r.90 per~iate 4~a:98 S4 P~ per date Concessions permit (maximum of 3) 215.00 N/A Civic Arena rental Ice, prime time (2pm-10pm weekdays) ~~jp,op-4'4'-580 ~p per hr. ~~--X5:66- per hr. Indoor turf 70.00 per hr. 70.00 per hr. Tennis courts (per court per hour) 3.00 4.00 yu~ ~~++ ~n--,~w.~. 2.00 ~ Z~ ~;`.~'".~- l ~~ 19 4 200,3~FEE SCHEDULE PARKS AND RECREATION CHARGES (Cont'd) Residents Non-residents Moonshine Park: Upstairs - retreat/meeting space (includes availability of overhead/coffee pot/kitchen) 8:OOam -Noon ~9:9i} ~S.oD 1:OOpm - 5:OOpm X8-98 7~^,vo 6:OOpm -10:OOpm -8~°06~ ~ (,oo Full Day (8:OOam -10:OOpm) ~96:6~-~.t3, 00 Downstairs -activity space 8:OOam -Noon -f 6:60 ~~~o 1:OOpm - 5:OOpm -68:98- 1~4.vo 6:OOpm -10:OOpm -~~:6A $D.ao Full Day (8:OOam -10:OOpm) tt5:00 1 g1.OD Bandshell at Central Park: -~6~:ea ~3~~ov 8~6:ij6- 85'_0° X06- (O (,00 ~6~ y3S.oo -~e:oo ?$,oo ~9:A~ ?5, ~a -8:66- qo .co Permitted use in partnership with Eagan Parks and Recreation meeting community entertainment criteria: No permit fee Permitted use in conjunction with a Community Center paid permitted use - No permit fee Other use by groups or organizations for private gain - $50.00 per hour ~~7 Eagan Community Center 2004 Fees The Oaks (350 capacity) Sunday -Thursday • 8:00 am -11:00 pm $600 • 8:00 am -Noon $200 • 1:00 - 5:00 pm $250 Frida • 8:00 am -12:30 am $600 Saturday • 8:00 am -12:30 am $800 North, South or Central Oaks (110 capacity/each room) Sunday -Thursday • 8:00 am -11:00 pm $200 • 8:00 am -Noon $100 • 1:00 - 5:00 pm $100 • 6:00 -11:00 pm $100 North, Central or South Meeting Rooms (20 capacity/each room) Sunday -Saturday • Resident $10.65/hr* • Non-residentJFor Profit $13.85/hr* The Board Room (35 capacity) Sunday -Saturday • Resident $13.32.hr* • Non-resident/ForProfit $17.31/hr* *Requires a two-hour minimum rental Note: Deposit required for all rentals FITNESS MEMBERSHIP FEES Member enrollment fee- 15T family member $69.00 Member enrollment fee -each additional family mbr $10.00 Monthly fee - ResidentlCorporate-1S` family member $29.00 Monthly fee - ResidendCorporate-each additional $24.00 Monthly fee -Non-resident -1 S` family member $34.00 Monthly fee -Non-resident -each additional $34.00 Daily admission to fitness center $10.00 Group fitness classes for members $20.00/month/member ~a /~a' ~` 200~FEE SCHEDULE POLICE DEPARTMENT CHARGES Fee Police/Fire reports: Accident report $ 4.00 Incident report Initial report 4.00 Subsequent additional pages .25 per page Weekly arrest report 20.00 per report Weekly accident report summary 10.00 per report Photos 35mm, first print 10.00 35mm, each additional .50 Polaroid -color photocopy 5.00 Digital -color print 5.00 Viewing accident reports (commercial users) .50 per report Audio tapes (copy) 25.00 Video tapes (copy) 35.00 CD ROM (copy) 25.00 Other Police charges: Alarm panel 8.00 per month BCA urine or blood test kit 10.00 Driver's license printouts 5.00 Fingerprinting 10.00 Handgun application, permit to carry 10.00 "No Parking" sign bagging fee 50.00 Police records check/clearance letters Law enforcement agencies no fee Non-law enforcement agencies 5.00 Repeat nuisance call, for third and subsequent calls 250.00 per call in a 365-day period Street closure 25.00 plus $25.00 deposit 2ob3 ~ C~~.~-ti,d~ S~etvr~~ l ~ ~ --~P~ h~sufi 4 200,8"FEE SCHEDULE FIRE DEPARTMENT CHARGES Fee Fire reports: See Police reports, p. 19 PersonneUEquipment: Manpower Chiefs vehicle, rescue truck, grass rigs Pumper, tanker, emergency support vehicle Command vehicle, aerial Safety house: Within City limits Fire prevention (schools, daycare) Other special requests Outside City limits County Mutual Aid cities (house only) County Mutual Aid cities, manpower, supplies Others (house only) Others -House, manpower, material Hazardous material containment/cleanup: Personnel: First half-hour All time thereafter Supplies: First 20 lbs. absorbent All supplies thereafter Equipment $ 12.00 per hr (1 hr min) 150.00 per hr (1 hr min) 200.00 per hr (1 hr min) 500.00 per hr (1 hr min) no fee 25.00 125.00 per day + mileage 150.00 per day + mileage 150.00 per day + mileage 200.00 per day + mileage no fee 12.00 per person per hour no fee actual cost First half-hour no fee All time thereafter per equipment rates above Rescue boat Hazmat trailer 100.00 per hour (1 hr min) 100.00 per hour (1 hr min) /So 200, FEE SCHEDULE FIRE DEPARTMENT TRAINING ROOMS Room deposit of $150.00 to be paid at time of registration (After-hour rental is a 2-hour minimum) RESIDENT Small Large Full Room Room Room Youth groups Sam-4:30pm deposit only Youth gps after hours (per hr) 9.00 12.00 15.00 Local civic groups Sam-4:30pm deposit only Local civic gps after hrs (per hr)15.00 20.00 30.00 Other citizen groups Per hour rental 15.00 20.00 30.00 Maximum one-day rental 250.00 For-profit organizations Per hour rental 30.00 50.00 75.00 Maximum one-day rental 250.00 Audio Visual 75.00 Computer connection for and/visual 200.00 deposit Microsoft PowerPoint 125.00 J5/ NON-RESIDENT Small Large Full Room Room Room N/A N/A N/A N/A 30.00 50.00 75.00 600.00 30.00 50.00 75.00 600.00 75.00 200.00 deposit 125.00 23 200~FEE SCHEDULE EQUIPMENT AND STAFF RATES Hourly Rate Equipment: Pick-up truck $ 28.00 . One-ton dump truck 29.00 Single-axle dump truck 40.00 Tandem-axle dump truck 50.00 Tractor 20.00 Backhoe/loader 45.00 Front-end loader 75.00 Road grader 90.00 Street sweeper 50.00 Roller or paver 25.00 Air compressor 20.00 Sewer fetter or sewer rodder 165.00 Sewer vacuum-trailer or trailer 165.00 Groundsmaster mower 28.00 Pump, 6° 40.00 Pump, 8" 45.00 Skid loader 45.00 Chipper 20.00 Tanker 40.00 TV camera-service (1 hour minimum) 190.00 TV camera-main line (1 hour minimum) 250.00 Staff rates: Department Directors ~-96:8 1~~, 0O Assistant City Administrator -~s66~` (iD,vD City Engineer X06 (I ~.oD Maintenance Superintendent 7.6:90 I ~p,oo Assistant City Engineer/Sr. Building Inspector ~6 I ~S .po Building Inspector 65x.88 $S.Jo Park Planner/Landscape Architect 6~s.90 $S,pp Maintenance Supervisor -65:88 - ~S,ov -Se~iex Planner X5:90 (I o .ac Public Works Coordinator 6x06 f $',ov Water Resources Coordinator -6rr.8t} g~i ,po Construction Manager 6ss60 ~S ,Jo Utility Construction Inspector -x&80 ~D.Do Operations Analyst 5A:80 7~.1~ . Planner X6:66 '1 ^.caD ~,,~~n¢u~n~ Technician ~;Sg ~S~oo U Maintenance Person-regular X6:60 ~D.t~ Maintenance Person~vertime 490 1S .~ Intem/Seasonal 25:89 3S .oo Survey crew (includes vehicle and equipment): 2-person 8x:90 l'Lo-o~ 3-person AAA l4$.~0 G l S (L1~nrn lu'~M ~ ~~ ~' ~ ,oo 24 4 200 FEE SCHEDULE City Attorney (Severson, Sheldon, Dougherty & Molenda) General legal Paralegal fees Development-related work City Council/APC meetings Consulting Financial Services Wobschall Ltd (i~.od$ ~ per hour ~ i,Z~ ~fi00 per hour (gp.ob 4fi~-80 per hour 3?p,~ 36:60 per meeting 45.00 per hour /5,3 4 200, FEE SCHEDULE MISCELLANEOUS FEES/CHARGES Animal pickup Animal impound Antenna-Radio and PCS: Application Site survey Document preparation and plan review Landscaping Site rent, 1-9 antennas Site rent, each additional antenna Fee $ 15.00 4.00 500.00 500.00 2,000.00 actual costs 16,915.00 156.00 Audio tapes-Board/Council meetings actual costs Certification fee for unpaid false alarm or weed bills 25.00 City Plans/Policies: Special Area Plans Comp. Water Supply/Distribution Plan Comp. Sanitary Sewer Policy/Plan Comp. Storm Water Management Plan: Spiral bound 3-ring binder Landscape Policy, Shoreland Zoning Ordinance, Sign Regulations or Tree Preservation Policy Water Quality Management Plan Data processing reports Digital image photocopies 3.00 50.00 50.00 35.00 50.00 per day over amt billed to City by pound per site per site per site escrow of $2,000 per site required per site per year per site per month per parcel 3.00 50.00 actual cost + 10% Color. First 1 3.00 Each additional 1.00 B&W: First 1 1.50 Each additional ~ .25 False alarm charges-commercial and residential: First 3 false alarms per year no charge Each false alarm after 3 -,25-80 (p0-OD Fee schedule 2.00 /sy 4 2003( FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Invoicing charge 15% to max. of $10.00 Lodging tax 3% of gross receipts Mailing labels actual cost + 10% Maps: City map (Lion's Club): First one free Each additional $ 1.00 Section maps: '/Z section-property only 10.00 %Z section-property and planimetric 50.00 '/Z section-property, planimetric, and contours 150.00 1/8 section-prop., planimetric and contours 40.00 '/z section-aerial photo 6.00 '/. section-property only 5.00 Trunk water or sewer system map 2.50 Water quality classification map 5.00 Specialty maps Based on staff rates (p. 22) Zoning or Comp Guide maps: 11 x 17 color 5.00 22 x 34 color 15.00 34 x 48 color 25.00 GIS Utility As-Built (1/4 section-digital format) 40.00 Other digital data/mapping Based on staff rates (p. 22) Market analysis study 50.00 Notary seal (non-City business): First 5 3.00 each Each additional > 5 .50 each Patch -Eagan Historical Trail 1.00 added 4/27/00 Photocopies .25 per page Plans and Specifications 50.00 Research of City records (beyond readily 20.00 per hour available material) /ss 27 4 200,~FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Returned check or ACH transfer fee $ 20.00 no I~u- a~,4:~a~ylc Zoning letter Standard Specialty 10.00 Based on staff rates (p. 24) /S-6 28 4 200` FEE SCHEDULE SUMMARY OF CONNECTION CHARGES The following connection charges are provided for in the City Code. Some or all of them may be collected at the time of: 1) new development applications, 2) new connections to a utility system, 3) the issuance of building permits, and 4) enforcement of agreements; as appropriate in each individual circumstance. Fee Page Sewer Availability Charge (SAC) 9 & 13 Water Supply & Storage 9 & 13 Water Meter 9 & 16 Treatment Plant Charge 9 & 13 Plumbing Permits 10 Building Permits 9 & 12 Trunk Oversize Charges Sanitary Sewer 13 Water Main 13 Storm sewer 13 Lateral Charges Sanitary Sewer 13 Water Main 13 Storm Sewer 13 Sewer permit-new or repair of existing 15 Water permit-new or repair of existing 15 /57 29 Proposed 2005 License Fee Increases The following fee increases are proposed for 2005. Because the 2004 licensing process has already begun, fee increases are not contemplated until 2005. Proposed Impact of 2003 2005 Proposed Fee Fee Increase Tobacco license $ 100 $ 200 $ 9,450 Garbage hauler -first truck 50 100 1,450 Garbage hauler -each addl. 25 60 5,705 $ 16,605 NOTE: Dog licenses fees, which are significantly below the comparable-cities mean and median, will be reviewed for the 2006 Fee Schedule. License applications for the two-year period 2004-2005 have already been distributed. /SS Agenda Information Memo December 16, 2003, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCE -REALTY DESIGNS INC. ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for a pylon sign, located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Variance often feet to the sign setback requirement, for property located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL - Majority of Quorum FACTS: - Applicant proposes a 20 foot tall, 96 SF pylon sign, 12 SF for the name of the center and 84 SF of individual panels for tenant identification, to replace an existing ground sign. - This item was considered at the City Council's meeting of December 1, 2003. The Council imposed the City's 60 day extension to allow staff to gather information relative to the impact to the parking lot and existing trees by the future addition of a trail along the south side of Cedar Grove Parkway at this location. - The APC added a condition limiting the number of tenant panels to six (6) and the applicant proposed eight (8) panels to the Council on December 1. The number of tenant panels suggested does not affect the proposed sign size (96 SF). - The existing identification sign is located off-site, in the public right-of--way. - The applicant proposes a zero lot line setback from Cedar Grove Parkway. Proposed location requires a Variance and a vacation of a public easement. - Proposed sign meets sign code; size, height, not within 300 feet of another pylon sign. - This item was heard as a public hearing before the Advisory Planning Commission on November 26, 2003, the APC recommended approval with an added condition (number 8). ISSUES: - Engineering staff have reviewed the trail plans and have determined that virtually all of the trees shown in the photos are located in the City's r-o-w and will be lost with the construction of the trail and/or retaining wall. - Staff has raised concerns with the proposed sign design relative to safety for the traveling public and it's compatibility with the surrounding area. - Staff has suggested that in light of the applicant's need for a variance and easement vacation, application of the CGD sign standards should be considered by the APC and City Council. 60 DAY STATUS: - February 20, 2004 (reflects 60-day City extension) i5 9 ATTACHMENTS (2): Advisory Planning Commission Minutes age(s) ~- ~ 63 Planning Staff Report pages{~through~~ /~o City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 ~ , ~ 53 Page 3 ~~~ °~~ B. CONDITIONAL USE PERMIT & VARIANCE - CEDARVALE BUSINESS CENTER A Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE %4 of Section 19. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated November 14, 2003. He noted the background and history. Richard Fitzgerald, Property Manager explained that a new sign is needed. He stated the tenant's names could be larger, however all tenant names need to be listed. He explained the proposed location and explained that the sign is needed because of the slope and trees in front of the building. Chair Heyl opened the public hearing. • There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked how long the sign has been in the current location. Mr. Fitzgerald stated he is not sure how long the sign has been there, but he believes it is the original sign. He explained that the new sign would not be in the right-of-way and flower beds would be added to the landscaping around the new sign and in place of the existing sign. Chair Heyl stated the proposed sign location is merited. She questioned why the tenant names are currently covered by the "for lease" sign. She also questioned the ability to read the proposed sign from the roadway. Member Hansen stated a lack of necessity for all tenant names to be on the sign. He stated concern that the traffic would possibly stop to read all the names. Member Gladhill agreed that a new sign is needed, however he stated the sign design is not appropriate or consistent with the area. Member Leeder agreed with Member Gladhill and suggested that the number of tenant names on the sign be limited. Member Steininger stated he is not concerned with the consistency of the sign with the Cedar Grove area. He stated he is not convinced there is a hardship to warrant a Variance. Member Bendt stated he does not feel that the property owner should be penalized for a decision that was made with development in the 1970's. Chair Heyl stated a variance is justified at the proposed location. Member Steininger stated he would vote against the application because of the Variance /6i City of Eagan Advisory Planning Commission Meeting Minutes ,. November 25, 2003 Page 4 Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE '/4 of Section 19 subject to the conditions listed in the Staff Report. Member Gladhill stated this proposal would not be approved if it were a new development. He also stated that the proposed should not be approved under Community Shopping Center standards. Chair Heyl suggested an additional condition, limiting the number of tenant names on the sign, changing the sign design. Member Gladhill and Member Steininger recommended that the applicant resubmit the proposal when their concerns are addressed and City Staff has had a chance to review it again. Member Bendt stated the City has a responsibility to support the businesses in Eagan. He explained that the City collects taxes from the businesses; therefore they should allow them to have signs to draw business. Member Leeder agreed with Member Bendt. Member Steininger amended his motion to include an additional condition number 8. Member Bendt agreed with the amended motion. Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE % of Section 19 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 90 days of approval. 2. A sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. 5. The existing free-standing sign shall be removed prior to installation of the pylon sign. 6. The pylon sign shall be located as shown on the site plan received by the City on October 15, 2003. /5~ City of Eagan Advisory Planning Commission Meeting Minutes ~,, - - November 25, 2003 ~, ~ ~- ~. ~ `ir Page 5 7. A curbed landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be imp{emented with the installation of the sign. 8. A maximum of six tenants shall be listed on sign. A vote was taken. Aye: Chair Heyl, Steininger, Bendt, and Leeder. Nay: Gladhill and Hansen Motion carried 4-2. /63 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 14, 2003 CASE: 19-CU-16-10-03 19-VA-18-10-03 APPLICANT: Realty Designs, Inc. HEARING DATE: November 25, 2003 PROPERTY OWNER: Cedarvale Business Ctr. APPLICATION DATE: October 15, 2003 REQUEST: Conditional Use Permit & Variance PREPARED BY: Planning staff LOCATION: 3902-3938 Cedar Grove Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign, and a Variance often feet to the minimum required ten-foot setback for a pylon sign, at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE 1/4 of Section 19. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following, Subdivision 4C, Evaluation Criteria, states that the Advisory Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permit only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. /6y Planning Report - Cedarvale Business Center November 25, 2003 Paee 2 C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential chazacter of that azea, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Advisory Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. 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. lbs Planning Report - Cedarvale Business Center November 25, 2003 Page 3 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. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGRO UND/HISTORY This mixed-use development was approved by the Eagan Town Board in 1973. The buildings consist of commercial uses on the ground level, and apartments above. The commercial and residential portions of the buildings are in separate ownership. The parking lot in front of the building along Cedar Grove Parkway is owned by Cedarvale Business Center, while the parking area to the rear is owned by Cedarvale Highlands Apartments. In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's innate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. Following the Study in October 2001, the City formally created the Cedar Grove Redevelopment Tax Increment Financing (TIF) District which was certified by Dakota County in December of 2002. The City approved a public improvement project in 2001 to realign the Silver Bell Road intersection with Beau d'Rue Drive (now Cedar Grove Parkway) and Hwy. 13 and the construction was completed in the summer of 2003. Also in 2003, the City established the CGD, Cedar Grove District, zoning district and rezoned many of the properties in the area to CGD. The Cedarvale Business Center is not part of the Cedar Grove Redevelopment District, nor was it rezoned to CGD. EXISTING CONDITIONS The site is developed with a mixed use, commercial below and residential above, development. There is currently a ground sign located off-site, in the public right-of--way, in the center of the site adjacent to Cedar Grove Parkway and parallel to the street. The site slopes down from the parking lot to the street, with a grade difference of several feet. The property line is slightly curved, while the curb line of the parking lot is not. The ends of the parking lot provide approximately ten feet of setback from the curb to the property line, while there is zero setback at the center of the parking lot. Because of the existing lesser parking setbacks along Cedar Grove Parkway, the drainage and utility easements that run parallel to the property line extend into the parking lot. /(~S Planning Report - Cedarvale Business Center November 25, 2003 Page y SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Commercial (offices & CGD, Cedar Grove SA, Special Area Cedarvale mall) District South Residential A artments R-4, A artments HD, Hi Density East Liquor Store CGD, Cedar Grove SA, Special Area District West Residential townhomes PD, Planned SA, Special Area and condominiums Development) lanned EVALUATION OF REQUEST Compatibility with Surrounding Area -The Cedarvale Business Center is not part of the Cedar Grove TIF district, nor was it rezoned to CGD. The property retains the CSC, Community Shopping Center zoning. However, it is an integral part of the Cedar Grove area and while the property is not subject to the CGD zoning standards, continuity with development/redevelopment of other nearby properties that are within the CGD and TIE district is desired. Sign Code Requirements -The Sign Code defines pylon sign as "a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter and are subject to all conditions, regulations and fees required for conditional uses." Performance Standards -The performance standards for pylon signs in the City's Sign Code are as follows: • No pylon sign maybe located within 300 feet of any other pylon sign, measured on the same side of the street. • No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). • No pylon sign shall exceed 125 square feet in area per side. Within the CGD district, freestanding signs are not to exceed 12 feet in height, and the sign must be located within a landscaped area or landscaped island. The sign must have a base constructed of the same materials and colors as the principal building, with a minimum height of three feet and a total sign are not to exceed 45 square feet per side. Proposed Signn -The applicant is proposing to remove the existing monument sign and place a pylon sign near the same location, but perpendicular to the street and property line. The existing monument sign is nonconforming and is located within the public right-of--way. The pylon sign /6 7 Planning Report -Cedarvale Business Center November 25, 2003 Page would be located within the applicant's property, but would not satisfy the minimum 10-foot setback, therefore a setback Variance is also requested. The pylon sign would result in a net reduction of one parking stall. There aze no other pylon signs within 300 feet on the same side of the street. The proposed pylon sign would also be located within the existing public drainage and utility easement. The applicant will need to complete a petition to vacate the easement so that a public hearing on the easement vacation can be scheduled, and the vacation would need to be approved prior to construction of the sign. Evaluation of Proposal -Staff has considerable concerns with this request. The proposed sign meets the Sign Ordinance performance standards in terms of size and height; however, the proposed location requires a setback variance and vacation of a public easement. Conditional Use Permit Evaluation Criteria The proposal does not appear to meet letters A and C of the Conditional Use Permit Evaluation Criteria which are reiterated below: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. The proposed sign provides a fourteen 9" panels for each of the tenants. Staff s concern is that this limited amount of space will not be easily discernible for motorists traveling along Cedar Grove Parkway. The strong likelihood is that motorists will be forced to slow down or even stop in the street in order to make their way through the laundry list of tenants to find the business they are seeking. C. Will be designed, constructed, operated and maintained so as to be compatible i~: appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborl~oor~ Staff does not believe the proposed sign will be compatible with the intended character of the general vicinity. Although the subject site is not zoned CGD, it is suggested here that the proposed sign should be consistent with the CGD design standards due to the proximity of the Cedarvale Business Center with the City's redevelopment area. As evaluated against the CGD freestanding sign provisions, the proposed sign has a seven foot high base, a total height of 20 feet, and an area of 96 square feet per side. The materials are proposed to match the building -the applicant's narrative, and the sign plans show, that "the sign will be painted brown to match the building, the brick will also match and the top of the sign is designed to look like the signs that we have over the businesses." With the exception of matching the principal building materials, the proposed sign is not consistent with the parameters in the CGD district for free-standing signage in terms of the base height, the total height and the sign area. /6 S~ Planning Report - Cedarvale $usiness Center November 25, 2003 Page ~ Also, the proposed sign providing multiple tenant identifying panels will appear "cluttered" in addition to not being easily readable to passing drivers, as mentioned previously. Staff suggested that the applicant consider a sign design maximizing only the shopping center name. Under this scenario, the sign would be more readable and the tenants and landlord can identify the building as a destination rather than having customers try to distinguish one of many tenant names on one sign. Staff has discussed this concern and possible solution with the applicant and the applicant disagrees. Landscaping -The applicant's narrative indicates that two existing trees will be removed on either side of the proposed sign. The applicant notes that the trees are dying. The bed where the existing monument sign is located will be landscaped with flowers, and low-lying shrubs would be added bordering the parking lot. A curbed landscaped island should be installed around the base of the sign to protect both the sign and vehicles in the parking lot. Applicant's Narrative -The applicant submitted several photos with narratives attached explaining the placement of the sign and the variance request. The proposed location "is the best for visibility and requires the least amount of modif cation of the trees on the property ...." Recently, the City's improved the street in front of the property and in so doing, a directional sign for the license bureau was removed. "The license bureau relies upon signage to direct people to their location" and the applicant states that a number of other tenants have also inquired about signage for their businesses. Additionally, the applicant believes that "this sign and its location will go very well with the look that the city is looking for redevelopment of the Cedar Grove area." SUMMARY/CONCLUSION Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign, and a Variance often feet to the minimum required ten-foot setback for a pylon sign, at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway. The proposed sign satisfies Sign Code standards for height, size, and distance from other pylon signs. However, a setback Variance is requested, and the proposed location places the sign within an easement, which will need to be vacated before the sign can be constructed. Staff has raised concerns relative to the Conditional Use Permit Evaluation Criteria, the proposed sign design deviation from the CGD design standards, and safety issues associated with the "readability" of the proposed sign and the number and size of tenant identification panels provided. The proposed pylon sign exceeds the size and height limitations established for free-standing signs in the CGD district. While the property is not subject to the CGD zoning standards, continuity with development/redevelopment of other nearby properties that are within the CGD and TIF district is desired. /69 Planning Report - Cedarvale Business Center November 25, 2003 The suitability of the proposed sign and it's consistency with the Conditional Use Permit Evaluation Criteria is a policy decision for the Advisory Planning Commission and the City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit, with a Variance often feet to the minimum required ten-foot setback, to erect a pylon sign at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE'/< of Section 19. If approved, the following conditions shall apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 90 days of approval. 2. A sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement. 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. 5. The existing free-standing sign shall be removed prior to installation of the pylon sign. 6. The pylon sign shall be located as shown on the site plan received by the City on October 15, 2003. 7. A curbed, landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be implemented with the installation of the sign. /~d CONDITIONAL USE PERMIT REQUEST Cedarvale Business Center 3902 -3938 Cedaz Grove Parkway We are applying for a.conditional use permit for the installation of a pylon sign. We would like to replace the monument sign on our property with a lighted pylon sign. We are proposing to install the sign in the center of the pazking lot in the east to west direction and along the curb line towazd the north of the pazking lot. This wiI1 only take one of our parking spaces. We aze asking to put the sign at the curb line because this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign. This does however put the sign very close to the property line and inside a drainage and utility easement. The City of Eagan has told me that they do not have any utilities within this easement; I hope that a search will show that there are no private utilities in this easement either. I do not believe that the location will interfere with any future location of easement; since the easement is covered by our parking lot. The current use of the property is a community shopping center with apartments above, and the surrounding property is mostly commercial and apartments. The area around us is slated for redevelopment and I believe there will be a similar mixture of property usages there as well. Our complex holds a number of businesses including a license bureau. Recently the city of Eagan has undertaken the redevelopment of this area. At some point during this process the sign that the license bureau had on what is now Cedar Grove Parkway (formerly Beau D' Rue Drive) for many years was removed at the request of the city. The license bureau relies upon signage to direct people to their location. A number of our other tenants have also inquired about a signage for businesses as well. We would like to install the sign in the spring of 2004. We will first remove the existing sign and the two trees that are dying, one on either side of the existing sign. We will then install the new pylon sign and later in the spring add a flower bed in the rock bed where the existing monument sign is, and add low lying shrubs bordering the parking lot. The sign will be painted brown to match the building, the brick will also match and the top of the sign is designed to look like the signs that we have over the businesses. I feel this sign and its location will go very well with the look that the city is looking for with the redevelopment of the Cedar Grove area. /~/ VARIANCE REQUEST Cedarvale Business Center 3902 -3938 Cedar Grove Pazkway We are applying for a vaziance for the installation of a pylon sign. We would like to replace the monument sign on our property with a lighted pylon sign. Our complex holds a number of businesses including a license bureau. Recently the city of Eagan has undertaken the redevelopment of this area. At some point during this process the sign that the license bureau had on what is now Cedar Grove Parkway (formerly Beau D' Rue Drive) for many years was removed at the request of the city. The license bureau relies upon signage to direct people to their location. A number of our other tenants have also inquired about a signage for businesses as well We are proposing to install the sign in the center of the parking lot in the east to west direction and along the curb line toward the, north of the parking lot. This will only take one of our pazking spaces. We are asking to put the sign at the curb line because this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign. This does however put the sign very close to the property line and inside a drainage and utility easement. The City of Eagan has told me that they do not have any utilities within this easement; I hope that a search will show that there are no private utilities in this easement either. I do not believe that the location will interfere with any future location of easement; since the easement is covered by our parking lot. The current use of the property is a community shopping center with apartments above, and the surrounding property is mostly commercial and apartments. The area around us is slated for redevelopment and I believe there will be a similar mixture of property usages there as well. We would like to install the sign in the spring of 2004. We will fast remove the existing sign and the two trees that are dying, one on either side of the existing sign. We will then install the new pylon sign and later in the spring add a flower bed in the rock bed where the existing monument sign is, and add low lying shrubs bordering the pazking lot. /7oZ FINANCIAL OBLIGATION-I9-CU-16-10-03, Part of Lot 1, Blockl, Stryker Addition, 3902-3938 Cedar Grove Parkway There are pay-off balances of special assessments totaling $117 on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $20,412 on the property for which the conditional use permit is requested. This pending assessment is related to Project 759R the reconstruction of Cedar Grove Parkway. The City staff recommends that approval of the conditional use permit be conditioned on the acceptance of the assessment of for Project 759R 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 conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT Total /73 Location Map •.\ ~. ~ . /~~~ .~~ ~\ ` l l `~ .~1 ~ ~ l `7~' I 'e (/ ~' s ~' / \~~ :.:. ~`:. ~' ,~. I~ i i ~/ ~~/~,p ~ ~ ~~y I~'" ~ ~~- ~' ~ ~ ~ c• 1,a ~~ 4r ~' D ,® ,~ ~ ~ ~ 4 '~ ~ ® ~l ~ ~ .~ B i ~ 1~ i s i ~ P ~ s°~ ~ d i ~ rpl ~~ ~ 'I ~' ~, , l ~ 1 r' ~a Eagan Boundary ,~~ Street Centerline Parcel Area ~ ' Budding Footprint I ~~ ~ _~ ' -_? ,~ .,~ ~.- , .. ~ ~ ~ ~ ,, .y~ °~ ~~9, ~~' ~~~ 4 ~ ~ ~~ »; ` g~ j X30 - e ~ e o~.. ~ ~ m ~ i ^ u r t000 p 1000 2000 Feet Development/Developer: Cedarvale Business Center Application: Conditional Use Permit and Variance Case No.: 19-CU-16-10-03 and 19-VA-18-10-03 `^ ap re d using ER51 Are View 1.7. 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CEDARVALE BU3INE$3 CENTER ~~' ~~~ ~~ ~~^, 0 ~~~ ~ ~i `4 ~RICi~( `fu h~lA~rH r~U __T l i ;~~)' O ~~i.pi NG . `~~ '~ ~~~; ~~` ~~ ~~~ ~~~~ ~~~ r a d e U~ ~ C~C7 g ~ ~~ ~, ~, ; o ~~ e ~o a~ ~~ o ~ ~~_ o I ~ I o o~ ~~ e _o ~, _ ~ of e ~ o ~cs o 1 `~ ,' i I PI ~~ ~.~ ~~- Kcal !~ ~c.l G e O~ 6 ~ .~' GPI ~~ 1.'1 ^..~v l e O-J v ~ ' ~~ Q- V O h ~- - :9 ~ _, -~ dl I O O MG t/0~, ^ / w ~ ~ 2 ~ ~i~e ~---~o~e ~.~: -- -~ _r n~ np~P Kifi p~'~9PA RNY A11$ VSit mM IUf ioca,ung poet s :dg pasedasg 1 7 ~~ ~ ,~1 a C~,EE" ~~~ ~~~~~ o.~~~~~ ~~~~~ i _ 1 H, . i I aIQ - -a ,. ~~ ~__ ~ .~ d~ ~ Z ~ ~ I~;I ~! ~a ' w M ~ I m w -- N O I.1 n W a p S9m Rt , Q• '^ ~ a .~ ~ .~ m ~. ~~ la ~'s "~ ~- _~ ~. ,..tiy. ~ s ~z~n a~ :~o ~( mg uoi;eoo~ pue ,t~epuno8 ~~~~ ?,. 0 ~ 1 e f~~~~~ ~.M~YK ECG 4 _ i,~iy ~~ ea6lta Eti6lCl „~tif\ w "~_~ ~ I qb Y ~:+~• M . ; ~ I ~} l~ f, e ~ 3~ :M i' a 5 ~ 1 ~~ I ~ ~ y ~ - v -' ,r 0 -~+~ M a I 4 -.w~• ...~--I ! ~ I ~ '}`; g 3 r e a L i ; ~ :;~ ~ j D ~ a ; S I, $ a a 3 ~l ~ ~ :off.. I: •~•_ ., ~ O :,; > . '" --~ - - - a - f I V I, 3 ~~//~\\ ~3 \ 1 J ~~ ~ I. Y4 q~ fp~i Ali ~je h ~r-.'.--r! L Picture of the entrance on the west end of the parkins lot. This picture shows how the sign if located in the island on the far west of the parking lot would not be seen by vehicles approaching from tl~e west. This also shows the two trees that are dying and that would be removed to accommodate the new sign. It is easy to see how the central location of the sign would have more visible from this direction. If the sign were located on the island at the east end of the lot that it would not be seen by traffic approaching from this direction until it was to late to make a turn into the driveway. /77 This picture shows the island on the western end of the pazking lot; one of the location that would allow us to install the sign without encroaching on the drainage and utility easement. This location will not work because traffic coming from the west would not be able to see the sign except for maybe a brief second as they passed it or in their rear view mirror after they have passed it. This picture also shows the approximate location of the License Bureau's sign that they were forces to remove, the sign was located between the stop sign and the light pole on the left-hand side of the picture. -- /7g Picture of west entrance and island. Picture of the center of the parking lot This picture shows the location of the monument sign that we want to replace with a pylon sign. The picture also shows the two dying trees (the dying trees are the two that have the yellow and orange leaves, it is hard to see but there are many branches that have no leaves and these branches have been increasing in number) that we will be removing along with the existing sign when we install the new sign, As you can see from this picture and the others, the visibility at this location it the best from both directions, and we are asking that the sign be located a# the curb line which puts the sign inside the drainage and utility easement. I have checked with the City of Eagan and they do not have any utilities within this easement and I do not foresee any future utilities being located in this area since it is currently covered by our parking lot. _/7 --__ Picture of existing monument sign. This picture of the existing sign shows how much a new sign is needed. The current sign is not very pleasing to the eye; but the location is good. We are proposing~tha~wbe I~OCat~ 1 cat sthe sign inside the behind the existing sign, and are asking to Place the sign near utility and drainage easement but it keep the sign inside our parking lot, we only loose one parking space, and if it is kept close to the curb we can minimise the impact on our parking lot and it's traffic flow as well as maximize the visibility of the sign. In addition to the removal of the existing sign aad ock bed for theeplanting some flower as~well as e landscaping to the site. I feel the using the existing r adding some well spaced shrubs along the curl line would enhance the look of the center as well as keep the sign line of the sign open. / ~d- - Picture of the east entrance to the parking lot. This picture shows the entrance at the east end of the parking lot. As you can see from this picture a driver coming from the west would be past the second driveway before they could see the full sign if it were to be located in the island at this end of the parking lot. You can also see the proposed location of the Pylon sign, the dying trees and the existing monument sign. This picture also shows that the new location of the sign needs to be near the curb line of the parking lot. With the removal of the two trees the sight line is very good and only one branch of the large shade trees will need to be trimmed to allow for even better visibility. If the sign has to be pushed back ten feet from the edge of the parking lot to accommodate the set back requirements and to stay outside of the drainage and utility easement then the visibility would nat be good from either direction. /Si ~' f ~ *5 0 i r`, r .;r __. .~~ k. ~. ~ 1 _ ,i y, u f r rs a.; +9 " w ~ .. 1 4~~ i } ~~ ~yi ~ N~ ~i Y 4: f ~^' ~ { t 'i ~~ ~ ' .~, t ~ ~; , ~ .r- ~ r } . _ ~.~r xis. Picture of the east end of thePicture of the east end of the partun~tot. This picture is taken from the corner opposite our building at the intersection of Cedar Grove Parkway and Rahn Road, you can see the island on the east end of the parking lot, the existing sign, the dying trees and the proposed location of the new sign. As you can see locating the sign in the island at this end of the parking lot creates a couple of problems with visibility. The first problem it that the bottom portion of the sign will be hidden by the tree on the near side of the driveway. The second problem is that the large trees along Cedar Grove Parkway hide the sign from the view of any vehicles approaching from the west. If however the sign is placed in the center of the parking tot and at the edge of the parking lot the visibility is very good. You can also see that if the sign were located in the island on the other end of the parking lot the sign would not be seen until it was to late to make the turn ia. 1~~ Agenda Information Memo December 16, 2003 Eagan City Council Meeting A. COCA-COLA WATER/SEWER UTILITY BILL ACTION TO BE CONSIDERED: To approve or deny Coca-Cola's request to settle an outstanding $22,165.35 water/sewer utility bill for half, or $11,082.67. FACTS: • From December 1997 until June 2003, meter readings for one ofCoca-Cola's water/sewer accounts were incorrectly recorded manually and therefore billed in the wrong amount. Because one too many digits were dropped when recording the usage in thousands of gallons, the account was underbilled by a factor of ten. In other words, if actual usage was 200 thousand gallons, only 20 thousand gallons was billed. A$er the initial mistake in December 1997, the same recording procedure was followed in the subsequent meter readings, perpetuating the error until it was discovered by staff in September 2003. • The City Attorney advised contract law would allow the City to bill back for a period of up to six years. In this case, we could bill back to November 24, 1997, the date of installation of the replacement meter. The City Attorney advised the City has the burden to prove Coca- Cola should have reasonably known they were being underbilled. • As staffbelieved Coca-Cola should have reasonably recognized anine-tenths reduction in its bill, it notified Coca-Cola representatives of the matter by phone, and a retroactive bill in the amount of $21,657.17 was generated on September 8. Sales tax on that amount brings the total bill to $22,165.35. • Staffmet with Chip Anderson and Loren Johnson from Coca-Cola on September 15 to discuss the billing error. • Coca-Cola acknowledges water and sewer services in the amount of $22,165.35 were received, but has requested Coca-Cola and the City "split the cost since the error was not the fault of either party." • Staff has no authority to settle for less than the total amount outstanding. • Staff has identified only one similar billing error (due to dropping too many digits from the read) over the past ten years. A handful of other underbilled accounts (mostly due to faulty outside touchpad meters) have been discovered over that period, although none were as significant in amount as this. In those cases, Council direction was to collect the full amount, but offer a liberal payback period (1-3 years) with no interest charges. • Chip Anderson, Director of Operations at Coca-Cola, will be present at the meeting. ATTACHMENTS: • September 8 letter from staff to Coca-Cola is enclosed on page ~ . • October 22 letter from Coca-Cola is enclosed on page ~~. /d3 city of eagan September 8, 2003 PAT GEAGAN =~~ Mayor CCE Shared Services -Utilities Attn: Midwest Division ~ P.O. Box 4437 k ~ PEGGY CA tLSON Brandon, FL 33509-4437 _ CYNDEE FIELDS r - Sr7~ ~ S Re: 1189 Eagan Industrial Blvd. ~ ~ ~ ~ I q ~ ~/ ~ - MIKE MAGUIRE ~ Account 8990031001 MEG TILLEY S ~ ~ ~~ ~ ~ ~ ' Dear Sir or Madam: Council Member We recently discovered a billing error on the above account. In short, the water and sewer consumption has been underbilled by a factor of ten since December 1997. THOMAS HEDGES The amount underbilled is $21,657.17.-~-x~c,.~,ky (~,5`~.,, ~ City Adrninistrator Z2l ~6S~~S {jKG~,.~., ~L(-~ We have been in touch with Judy Olson at your loyal facility about this. She advised us to write directly to you to resolve the matter. Municipal Center. As background, a new water meter was installed at your facility in November 1997. The old meter was a 1,000-gallon pulse, which required the reader to drop the last 3 3830 Pilot Knob Road digits when preparing to bill the account. (We bill by the thousands of gallons.) The Eagan, MN 55122-1897 replacement meter was a 500-gallon pulse, which requires dropping only the last 2 digits, but our readers erroneously dropped the last 3 digits initially, and the error Phone: 651.675.5000 Continued in each subsequent reading. The result was a billing of 20 thousand Fax: 651.675.5012 gallons, for example, when it should have been 200 thousand gallons. I'DD: 65].454.8535 Attached is a spreadsheet detailing our calculation of the underbilling. Maintenance Facility: This letter serves as an invoice to you for $21,657.17. The City understands that such a large bill may create a hardship for you if required to pay in full immediately. If that is 3501 Coachman Point the case, we are willing to work out a payment schedule over a year or two. We have Eagan, MN 55122 waived, and would continue to waive, interest charges over the payment period. Phone: 651.675.5300 Please contact Mary Ann in Utility Billing at 651-675-5029 to discuss payment Fax: 651.675.5360 arrangements and ask any questions you may have regarding the matter. Thank you. TDD: 651.454.8535 Sincere www.ciryofeagan.com Tom Pe er Chief Financial Officer Enclosure THE LONE OAKTREE Cc: Judy Olson, Coca Cola Bottling, 1189 Eagan Industrial Blvd, Eagan, MN The rymbol of strength d h i i ,, ~ lX- growt n our an community ' / J( f fit. ~~!~~~,G'` +~~~C "~Efl~/J.~~~/Z~LL ~r;r~'~~t~,'Z~ a C O C 4 -COLA E N T E R P R I S E S c o m p a n y October 22, 2003 Mr. Thomas Pepper, CPA Chief Financial Officer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Mr. Pepper: to Z°fp3 2750 Eagandale Boulevard Eagan, MN 55121 Thank you for meeting with Loren Johnson and myself to discuss the billing error on account # 8990031001 (Midwest Coca-Cola), you and your team did a very good job explaining the issue to us. We do understand what transpired and how the City of Eagan arrived at the cost of $22,165.35. We would like to request the City of Eagan consider splitting the cost of this invoice since the error was not the fault of either party. Please feel free to contact me with any questions or concerns. Thank you for your consideration regarding this matter. Sincerely, ~~ C,ila1'ic5 AI1dGrDQa1 Director of Operations CA:tf Charles "Chip" Anderson i a CO CA-OOLA E NTEP. PRISES c ~ o m ~ a I <<"'~G ~agarCa!e Boulevard ~ Cagan. 1,1N 55121 F=, .,g~ .~~' =.;c 557 ~Sg1._, lU c~aan~.~ ,c~ >~a.o,tiecce.com ~~ ~^~ Agenda Information Memo December 16, 2003, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (TERRA GLENN) - LUNDGREN BROTHERS ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Preliminary Subdivision (Terra Glenn) to create 26 town home units and 54 single family lots on 39.5 acres located in the NW `/4 of Section 16 between Yankee Doodle Road, and Ashbury Road, and between Blue Cross Road and the City's Public Works facility; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The subject site is zoned Planned Development. The preliminary Planned Development calls for Medium Density Residential on the north near Yankee Doodle Road, and single family residential for the remainder of the site in question. • The site is not subject to ordinary zoning standards because it is zoned PD; however, it is being reviewed in the context of the R-1 and R-3 requirements for comparison purposes. • Proposed Lot 1 of the town home development is 56,893 square feet and Lot 2 is 41,155 square feet. The 54 single family lots range from 13,299 to 58,424 square feet. • There are five outlots proposed with development, A-C will have a home owner's association established. • A conservation easement will be placed on Outlot B and the rear lot line of Lots 1-10, Block 2, to preserve trees. • Two new public streets proposed: 1. a cul-de-sac south of Ashbury Road, and 2. a through-street extension of Birchpond Road from Ashbury Road to Blue Shield Drive which was recently constructed along the north side of the water treatment plant. • There are 1,294 significant trees onsite and tree mitigation required. The APrC approved the proposed tree mitigation as a "floating number" that will be determined in real time as the site is prepared for development. • Skyhill Park encroaches into Terra Glenn; outlot E shall be squared off (7,200 SF) and dedicated to the city. This dedication will satisfy the required trail dedication for this development. • The Advisory Planning Commission held a public hearing on November 25, 2003, and recommended denial. /86 • Several current owners of Lundgren Brothers homes attended the Planning Commission meeting to express concerns regarding construction issues associated with their homes. The City Attorney has advised that the parties must avail themselves of private remedies for these matters and that potential issues concerning home construction is not an issue that maybe considered in approving or denying a land use application. ISSUES: • The APC was primarily concerned with the proposed density for the condo units and the resulting lack of visitor parking. • Based on straight R-3 area standards, Lot 1 would be allowed 9 units (12 proposed) Lot 2 would be allowed 6.8 units (14 proposed); however, the proposed density of 7 units/acre falls within the guided medium density of 4-12 units/acre defined by the preliminary Planned Development. • There are two underground parking stalls provided for each unit and 14 total surface stalls. R-3 require two parking stalls per unit, at least one of which must be enclosed. Staff suggested the applicant provide information on where additional parking could be made available. • The original submittal did not indicate what the finished materials would be for the townhome/condos. Staff suggested a cement based lap siding, based on durability and longevity of the product. 120 Day Agency Action Deadline: • February 11, 2004 ATTACHMENTS (3): Advisory Planning Commission Minutes page(s) ~j$'- ~ 9 ~ Lundgren Brother's Letter on pages ~through~~'-° Planning Staff Report pages~~through~~~ /~~ City of Eagan Advisory Planning Commission Meeting Minutes ~~~ November 25, 2003 Page 7 D. PRELIMINARY SUBDIVISION - LUNDGREN BROS CONSTRUCTION A Preliminary Subdivision (Terra Glenn) of approximately 39.5 acres to create 54 single family lots and 26 townhome lots, located south of Yankee Doodle Road and north of Ashbury Road in the NW %4 of Section 16. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated November 17, 2003. She noted the background and history. David Hinners, Project Manager stated they are selling condominiums rather than townhomes. He stated concern for condition number 19. He explained a parking hardship due to lack of space. He stated concern with Staff's siding recommendation. He stated the plan shows three entry monument signs for the single family development and one for the condominium development, which is one more than the Staff Report calls for. Chair Heyl opened the public hearing. Steve McCoy, 1640 Ashbury Place, stated concern with the plan that was submitted to residents that showed water drainage to the pond on the southern portion of the development. The water from this pond will be routed to a pond in his back yard. He stated concern with the water level and possible flooding in their home. He suggested the water be rerouted to a different pond. He also asked about construction traffic. Assistant Engineer John Gorder explained that the drainage pond is designed for the one hundred year event and is consistent with City Standards. George Bohlig, 1680 Blackhawk Cove asked if there would be direct access to Ashbury Road, or if the traffic would be redirected. Bart Schmidt, 3625 Birchpond Road asked why the exits out of the property do not go to Blackhawk Road. Tim Ostrem, 4622 Summit Pass explained his bad experience with Lundgren Brothers Construction. (Not related specifically to this proposal) Rezvan Azimi, 4626 Summit Pass explained her bad experience with Lundgren Brothers Construction. (Not related specifically to this proposal). There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder addressed the access concerns, there is not direct access to Ashbury Road. The proposal does not exit to Blackhawk Road because of the steep slopes in the stubbed area. City Planner Ridley explained that the siding recommendation from Staff was due to the lack of information provided by the applicant and the reputation and quality of cement- based (i.e. Hardiplank) siding. City Attorney Bob Bauer stated the problems between a builder and a customer is not germane to the application before the APC. Mr. Hinners explained the path that the construction traffic would use. l8~ City of Eagan Advisory Planning Commission Meeting Minutes ~ T November 25, 2003 Page 8 Member Gladhill inquired about the difference between townhomes and condominiums and if the different classification changes the zoning of the development. Mr. Hinners stated this development is only condominiums. City Planner Ridley stated the zoning standards do not change. Member Gladhill objected to the two condominium/townhome lots. He recommended that the units be scaled back to resolve the lack of parking. He stated the proposal has not met the guidelines for R3 Residential Townhome. He stated that the purpose of the PD was not to relax standards. He stated he was concerned with the number of mid- density units, the proposed height of the mid-density units, and the lack of visitor parking. Member Steininger agreed with Member Gladhill. Member Leeder agreed with the Planned Development in regard to tree preservation. Member Bendt agreed with Members Gladhill and Leeder. Member Steininger stated the developer has met and exceeded the City Code regarding tree preservation. Chair Heyl stated she would vote against the proposal due to the issue of visitor parking and that the condo/townhome portion of the project is not consistent with the findings listed below: 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. 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. D. That the site physically is suitable for the proposed density of development. Member Gladhill moved, Member Bendt seconded a motion to recommend denial of the Preliminary Subdivision (Terra Glenn) of approximately 39.5 acres to create 54 single family lots and 26 ~e condominium lots, located south of Yankee Doodle Road and north of Ashbury Road in the NW %4 of Section 16. All voted in favor. Motion carried 6-0. The following are the amended conditions if the Preliminary Subdivision were to be approved: /~9 City of Eagan °~" Advisory Planning Commission Meeting Minutes November 25, 2003 Page 9 The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: 1A, B1,4, C1,2,4 D1, and E1 2. The property shall be platted. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 4. Required tree preservation mitigation through the installation of seven-hundred sixty-two (762) category B trees to be installed on site. 5. The development can use a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 6. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 7. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 8. The applicant contact the City Forestry Division and set up apre-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. 9. The trail dedication shall be satisfied through the creation and subsequent dedication to the City of Outlot E, a 16' wide parcel extending north/south along the length of the most westerly boundary of lots 5 and 6 of Terra Glenn. In cooperation with the City, the developer may plant mitigation trees on said Outlot. 10. An individual tree preservation plan for Lots 1-20, Block 4 and Lots 1-15, Block 2, be submitted at the time of building permit. 11. The developer shall be responsible for providing adequate easements across this development to accommodate the required raw water transmission lines, in an alignment to be determined by the City, in a form acceptable to the City Attorney. 12. Construction of the raw water transmission lines, or alternative carrier pipes, across this property shall occur at time of this development through one of two /Qd City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 10 methods: 1) as a petitioned public improvement project or 2) privately by the developer to be transferred to the City for future maintenance. If the project is petitioned, the project shall be approved by the City Council prior to final subdivision approval. 13. The developer shall construct outlet structures and pipes from the ponds in accordance with City engineering standards. 14. The developer shall be responsible for constructing a trail, in accordance with City standards, along the north side of Blue Shield Drive within the development. Trail way easement, in a form acceptable to the City Attorney submitted with final subdivision. 15. The developer shall be responsible for acquiring drainage and utility easement to cover the ponding area within Blue Cross/ Blue Shield property prior to final subdivision approval, in a form acceptable to the City Attorney. 16. The development should meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.84 acre-feet. Stormwater treatment ponds should be constructed according to NURP standards with maximum depths of 6 feet, 10:1 aquatic benches from the normal water levels, and outlets in accordance with City design standards. 17. Subject to assurance that the wetland replacement area is accepted by the Board of Water and Soil Resources into the City's wetland bank account, and subject to full accordance with standards and provisions of the WCA, the proposed wetland replacement and monitoring plan should be approved, allowing the developer to fill 2,574 square feet of wetland and create 13,233 square feet of new wetland credit and at least 13,233 square feet of Public Value Credit (PVC). 18. The 12 acres draining off site is subject to a cash dedication in lieu of ponding. 19. The developer shall provide information relative to "over flow" visitor parking for the town home portion of the development. 20. The developer shall illustrate trash and recycling accommodations for the town home portion of the development. 21. All signage shall meet City Code requirements. 22. Cement based lap siding (Hardiplank) should be used as exterior materials for the town homes. 23. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Homeowners Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. /P/ City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 11 24. Outlots D & E shall be conveyed to the City by warranty deed. 25. The developer shall be responsible for preparing and recording, with the subdivision, a conservation easement in favor of the City for Outlot B and on the lots specified by the developer. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 26. Outlots A-C shall be transferred to the homeowners association and the homeowners association shall maintain outlots A-C, signage, landscaping, and retaining walls. /9~ December 9, 2003 Ms. Sheila Cartney City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Terra Glenn Preliminary Plat Dear Ms. Cartney: This letter is in response to the Planning Commission meeting of November 25, 2003 wherein the proposed residential project referred to ~ . as "Terra Glenn" was unanimously denied. My intention is to address Your Neighborhood Builder the reasons for the Planning Commission's denial in advance of the City Council meeting of December 16, 2003. In reviewing the Minutes of the referenced Planning Commission meeting, I believe the reason for the denial centered on the proposed Phone 952.473.1231 multi-family homes and iri particular the number ofmulti-family homes Fax 952.473.7401 and the lack of adequate visitor parking. There was also some 935 East Wayzata Boulevard discussion, although not believed to be a reason for denial, on the Wayzata, Minnesota 55391 exterior building material proposed to be used on the condominiums. I would like to address each of these issues. www.lundgrenbros.com Builder License No. 0001413 The number of Multi-Family homes- At least since the 1980's, the City of Eagan has worked with Blue Cross/Blue Shield (BCBS) on the BCBS Campus Master Plan, wherein Low Density Residential and Medium Density Residential were some the uses planned for the property. In September 2002, the Metropolitan Council approved the Comprehensive Guide Plan Amendment for BlueCross BlueShield Special Area #7. More recently, on October 15, 2002 the City Council approved a Preliminary Planned Development (PD) which included medium density residential. We have submitted a plan that proposes 26 condominium homes on two proposed platted lots. As Staff has indicated in the Planning Report dated November 17, 2003, the condominium density, as proposed, is 7.5 units per acre, which is consistent with Medium Density standards of 4-12 units per acre. Planning Commission felt this number was too high, yet it is mid-point within the acceptable range. Perhaps the confusion arises when attempting to apply R-3 zoning standards, which allow for 6,000 square feet of area per "townhome". As pointed out at the Planning Commission meeting we are proposing to market /93 "condominiums" and not "townhomes" therefore we believe the 6,000 square feet per unit should not apply, but rather the density standard would which does comply. However, we are unable to provide one exterior "visitor" parking space per condominium unit with a planned 26 condominium units. By removing two condominium units, leaving a total of 24, we are able to provide the requested one exterior "visitor" parking space per condominium unit. The density with 24 condominium units becomes just under 7 units per acre, still compliant with the Medium Density standards. We believe it is important to view the proposed condominium application in light of the existing and proposed surrounding land uses. The proposed medium density property is surrounded by various land uses. Staff has noted that the property north of Terra Glenn is zoned R-4 high density residential, the property east is the City Maintenance Facility, the property west is the BCBS campus and low density single family residential planned to the south. The proposed Terra Glenn medium density condominium proposal would appear to be a proper transition between these higher density residential and non-residential land uses and the proposed future single family residential homes. We believe our proposal is consistent with the Medium Density standards as approved by City Council in the aforementioned Preliminary Planned Development for the property and that the proposal complies with applicable City Code provisions and the Comprehensive Guide Plan. The lack of visitor parking- As previously mentioned, the proposal submitted with the preliminary plat application showed 26 condominium units, see attached Exhibit 1, entitled "Plan Submitted With Preliminary Plat Application". We planned to provide 2 underground parking spaces per condominium, plus 14 exterior aboveground "visitor" parking spaces. Staff and the Planning Commission believed this to be an inadequate number of exterior parking spaces. We are able to provide the one visitor parking space per condominium by deleting two condominiums, dropping the total number of condominiums to 24 and providing 24 exterior parking spaces, in addition to the 48 underground parking spaces. Attached as Exhibit 2 is a plan entitled "Option 1-Plan Showing "Flow Through" Parking Areas". This plan shows a connected parking lot with /95` 24 exterior "visitor" parking spaces. There would also be 48 underground parking spaces provided. Another possible plan, attached as Exhibit 3, entitled "Option 2-Plan Showing Separate "Visitor" Parking Areas", also depicts a total of 24 condominium units with 24 exterior "visitor" parking spaces, in addition to the 48 underground parking spaces. It shows two separate parking areas not connected as shown on Exhibit 2. Because a myriad of design options are available, may we request that City Council approve our preliminary plat with the condition that we work with Staff on creating the best "visitor" parking plan while providing the adequate number of visitor parking spaces? If this is not possible, and a choice need be accepted with the preliminary plat, either choice would be acceptable to us. Exterior building materials. Staff has suggested that a cement based lap siding (such as "HardiPlank") be used as an exterior material for the condominium units. We would not contest the use of this material, but would suggest we be allowed to use an upgraded vinyl lap siding instead. Not only would the upgraded vinyl siding help control the cost of the condominium units, but is long-lasting and maintenance free, an important element in association managed attached housing. The "HardiPlank", while certainly long lasting, does require periodic priming and painting. The upgraded vinyl lap siding is the same type of siding to be used on the proposed single family homes to be constructed in Terra Glenn. Our research from customer responses reveals that when given a choice, our customers prefer the upgraded vinyl siding over "HardiPlank", primarily due to the maintenance factor. However, should the City Council prefer the use of "HardiPlank", or other cement based lap siding over the vinyl lap siding, we will honor that request. /9s We are very excited to have the opportunity to create another beautiful neighborhood in Eagan. This is wonderful property in a terrific location. We appreciate the time Staff has allowed us in reviewing and commenting on the preliminary plat. Once approved, we will continue to work with Staff on the final plans necessary for the final plat. We thank you in advance for your time and consideration to this proposal. Sincerely, LUNDGREN BROS. CONSTRUCTION, INC. ~~_.` C~ - ~I~ David A. Hinners Enclosure Cc: Mr. Marc Anderson- Lundgren Bros. Construction, Inc. Mr. Thomas Hedges- City of Eagan Mr. Jon Hohenstein- City of Eagan l96 ~ EXHIBIT 1 • PLAN SUBMITTED WITH PRELIMINARY PLAT APPLICATION \ _ r N ~ ~ ~e,°~ YANKEE ~,~°` DOODLE ROAD ~~ J -- 4 8 - - - -~ \ ~ _ .- 850 -- 4g _~ t - - R 4 \ _.I__... ... aa~ _ \ 50 852 ~ `a4 - _- - - -- _...- - - -- r-- ,~ _ I`I ~ ti 8 2 ~ ~ ' t f-\ ' ~ ~ ~ 1~ ~ ~ J ~ ~ ~ ~ ~ - _ -~, ~ o-, , } ~ ~ I ~ , 1,i ~ - ~ 3 i~ ~ r, ~ , \\ ~~. ~ ~ i ~~ ~~~ 1 ,~- 1: N ~ 1 I L \~`\ c~ ~ 7 I! °~ _ - ~ ~ ~ \~ s~~ ~. > ~ ~ ~ ' 0 3 .~ , ~. -- 1~ 1 ~X " -- 86 ~z$1 ~ e t Y,t - r-,. • ~_ .~ ~_ '\ EXISTING PLAN SUMMARY 27re .a9 0 26 Condominium units `l1 `~' ~ 14 "Visitor' parking spaces ~ 52 Underground parking spaces - o 66 Total parking spaces ~ -< /// Orn j 52 Required parking spaces ~ ~ rr / -+ n, 14 Additional spaces over required ~ / ~ ~ m ~ _ ~~ ~ \y ~~~~p~~'~ ~ m ~/ ~ ~'~ ~ ~~~i fJ I Utl,-b4-~bUS 1 1 ~ J17 J HI''It5 K. H 1 LL [ NC . '~~~ti'~t=1b~44 P , 02 EXHIBIT 2 OPTION 1-PLAN SHOWING "FLOW THROUGH" PARKING AREAS o i ' I 2 3 °--~~ 4 5 6 IF= a IZ ~~ 10 9 S 7 4~~ K -~- i i I a3 t IZ Z ~~ 3 ~p ~ 4 9 I I 5 S I b ? I 6 ~ I /~ _ - - OPTION 1 PLAN SUMMARY 24 Condominium units 24 "Visitor" parking spaces ~ 48 Underground parking spaces ~ ~l I ~ r _O,, 72 Total parking spaces 48 Required parking spaces 24 Additional spaces over required /~r• {, r~Y~~ TOTAL P.02 DEC-09-20D3 08r27 JAMES R. HILL INC. 952890b244 P.03 ,I EXHIBIT 3 OPTION 2- PLAN SHOWING SEPARATE."VISITOR" PARKING AREAS 7 t f I ~ ~ o 2 ~~ I 3 10 . I 4 '~ ~ s a I ` ~ l4 \ 1 ~ 3 ttZ + ~~ S ~o (~ 4 ~l i OPTION 2 PLAN SUMMARY 24 Condominium units 24 "Visitor" parking spaces 48 Underground parking spaces 72 Total parking spaces 48 Required parking spaces 24 Additional spaces over required i© 2 ~~ 's ID ¢ 9 s a G 1 7 ~ i ~ ~ ~-` \ i \~~\ I .ma P a= PLANNING REPORT CITY OF EAGAN REPORT DATE: November 17, 2003 APPLICANT: Lundgren Bros. PROPERTY OWNER: Blue Cross Blue Shield CASE: 16-PS-23-10-03 HEARING DATE: November 25, 2003 APPLICATION DATE: October 29, 2003 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: South of Yankee Doodle Road and east of Blue Cross Blue Schield COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create 54 single family lots and 26 town home units (Terra Glenn) on 39.5 acres on property located between Yankee Doodle Road and Ashbury Road and between Blue Cross Road and the City's Public Works facility in the NW '/4 of Section 16. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Coiuicil. 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 /99 Planning Report -Terra Glenn November 2~, 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). 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 incompliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property was originally purchased in the 1950's by Blue Cross Blue Shield. The main headquarters building was constructed in 1971. In 1981, the city approved a Planned Development for the property that encompassed a variety of uses including Limited Business, Low Density Residential, Medium Residential and Park uses. The subject site is part of Blue Cross Blue Schield East Campus Master Plan. Originally BCBS had a plan proposing a total of 720,000 square feet of additional office space to be added from 2004 to 2015. In addition, approximately 25% of the 162 acre site will be devoted to oL~ Planning Report -Terra Glenn November 25, 2003 PaEe 3 undisturbed area and predominately single family residential along the east and south perimeter where the site is adjacent to single family residential. In 2002 a Preliminary Planned Development was approved to incorporate the master plan which included medium residential east of the existing campus south of Yankee Doodle Road and west of the City's Maintenance Facility and single family residential south of the medium density development. EXISTING CONDITIONS The subject site is completely wooded with mature vegetation and some noxious weeds. Clearly, the combination of existing woodlands, and topographic change make this a very challenging site to develop. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North A artments R-4, Residential Multi le HD, High Density Residential South Single family residential PD, Planned Develo ment LD, Low Density Residential East City Maintenance facility PF, Public Facility QP, Quasi Public West Blue Cross Blue Shield Campus PD, Planned Development SA, Special Area EVALUATION OF REQUEST I. Preliminary Subdivision Proposal -The applicant proposes to develop 40 acres of the site with 54 single family lots and 26 town homes. A Preliminary Planned Development was approved in 2002 allocating medium density residential adjacent to Yankee Doodle Road west of the City's Maintenance Facility and low density residential along the east and south campus boundaries. The development is proposed in three phases, two single family phases and one town home phase. The first phase is expected to begin in 2004. Access is proposed to the east of the subject lot via proposed Blue Shield Drive (which has access from Coachman Road) and from the south via Ashbury Road. Compatibility with Surrounding Area -The subject site abuts Yankee Doodle Road. Office uses are located to the west of the property, single family dwellings are located to the south and multiple family uses are to the north. The town homes are proposed to abut Yankee Doodle Road and the single family uses will be further south adjacent to the City's maintenance facility and existing single family homes. a~~ Planning Report -Terra Glenn November 25, 2003 Page 4 Lots - Proposed Lot i of the town home development is 56,893 square feet and Lot 2 is 41,155 square feet. Lot 1 has 12 units proposed and Lot 2 has 14 units proposed. According to the R-3 zoning standards town homes require 6,000 square feet of area per unit. Using that standard Lot 1 would be allowed 9 units and Lot 2 would be allowed 6.8 units, however this property is zoned Planned Development and is allowed to deviate from this standard. The 54 single family lots range in area from 13,299 square feet to 58,424 square feet with an average of 21,150 square feet. The minimum lot size in the R-1 zoning district is 12,000 square feet; the Lots exceed that standard. Densit -While the unit count is higher than the R-3 requirements, the town home portion of the proposed development has a density of 7.5 units/acre, which is consistent with Medium Density standards of 4-12 units/acre. The residential portion of the proposal has a density of 1.4 units an acre, which is consistent with low density standards of 0-4 units/acre. Outlots -There are five outlots proposed the breakdown is as follows: Outlot Descri tion A Homeowners Association - miti ation trees B Conservation Easement -tree reservation C Homeowners Association -drainage and amenity D City of Eagan Well site E Trail dedication - Skyhill Park encroachment Conservation Easements -The developer proposes to place a conservation easement on Outlot B in order to preserve healthy trees. A conservation easement will also be placed on the rear lot line of Lots 1-10, Block 2, in order to preserve trees within the easement; the easement will be 20 feet. Both easements should be enforced by the homeowners association. Gradin.~ -The preliminary grading plan is acceptable with modifications. The existing site has a significant hill in the south-central portion with elevations ranging from approximately 896 to 826. Several retaining walls throughout the site are proposed to accommodate the development. Maintenance of these retaining walls will be the responsibility of the residents of this development. Storm Drainage -The preliminary storm drainage plan is acceptable with modifications. Storm water runoff is proposed to drain via public storm sewer to the three storm ponds to be constructed with the development. These three ponds will then flow to the existing storm sewer system surrounding the site. The developer should construct outlet structures and pipes from the ponds 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 from various locations around the site. The City's Comprehensive Water Supply and Distribution Plan (1996) provides for the next phase of the well field development to extend west across the Blue Cross Blue Shield (BCBS) aoa Planning Report -Terra Glenn November 25, 2003 Page 5 and this development's property with approximately 3-5 new City wells. The City has authorized a consultant to evaluate the proposed new development layouts and the most cost efficient way to install the raw water transmission mains and wells to complement the completion of the North Water Treatment Facility expansion now under construction. This raw water transmission main is considered part of the overall infrastructure improvements that must be installed concurrent with this development. An alternative to constructing the raw water lines is a carrier pipe that maybe considered for placement outside of the public Right-Of- Way to facilitate a future installation with minimal disturbance to future property owners if so desired by the developer. The developer should be responsible for providing adequate easements across this development to accommodate the required raw water transmission lines, in an alignment to be determined by the City. Construction of the raw water transmission lines, or alternative carrier pipes, across this property should occur at time of this development through one of two methods: 1) as a petitioned public improvement project or 2) privately by the developer to be transferred to the City for future maintenance. If the project is petitioned, the public improvement project should be approved by the City Council prior to final subdivision approval. Streets/ Access/ Circulation -The development proposes two new public streets. One is a cul-de- sac south of Ashbury Road. The other is a through street extension of Birchpond Road from Ashbury Road to the street recently constructed along the north side of the City's North Water Treatment Plant (proposed to be named Blue Shield Drive), which connects to Coachman Road near Yankee Doodle Road. As part of the treatment plant and street improvements, a trail is also being constructed along the north side of Blue Shield Drive on City property. The developer should be responsible for constructing a trail, in accordance with City standards, along the north side of Blue Shield Drive within the development. This development will generate vehicle traffic consistent with the amount estimated in the traffic element of the Alternative Urban Areawide Review (AUAR) document approved by the City Council September 17, 2002. Easements/ Permits/ Right-of--Way - One of the proposed storm water ponds is located on Blue Cross/ Blue Shield property outside this development. The developer should be responsible for acquiring drainage and utility easement to cover this ponding area prior to final subdivision approval. Tree Preservation - A tree inventory has been prepared by James R. Hill, Inc. and Kunde Company Inc. and submitted with this application. The inventory accurately identified the size, species, and condition of all "significant trees" (as defined by the City of Eagan Tree Preservation Ordinance), as well as the location of same trees. The existing condition of significant trees was rated on a 0-10 system, with 0 being a dead or fatally diseased tree and 10 being an ideal or perfect tree. Following discussions between staff and Kunde personnel all trees rated 3 or less were excluded from the inventory as a "non-healthy" tree. The City of Eagan ao~ Planning Report -Terra Glenn November 25, 2003 Page 6 Tree Preservation Ordinance requires that only "healthy" trees be inventoried. The rating system used incorporates the following definitions for 0-3 ratings: 0 =Dead or fatally diseased 1 =Nearly dead or in imminent threat or failure 2 =Heavily diseased or decayed, or with some sever structural defects 3 =Structurally compromised, with moderate to serious defects or decay, or in decline due to disease or defects. The overall rating for all trees within this inventory calculates to 5.1 (a 5 rating is defined as an average tree that can be expected to live many more years; may have a single crack, some minor limb damage, or dead limbs that are prunable). The submitted inventory indicates that there are a total of twelve hundred ninety-four (1294) significant trees currently on this 39.5 acre site. The majority of trees on this site are oak trees with an average diameter of 15". The entire site can be described as continual rolling slopes, with a difference in elevation (from the lowest point to the highest point) of sixty-eight feet. Most significant trees on this site have long trunks and small crowns, typical of trees growing in large, dense woodland such as this one. The understory of much of this site is comprised of the undesirable European Buckthorn species. Tree preservation issues for this development will be considered in two parts; the extreme north section of the site has multiple-unit residential units (47.5% allowable tree removal), while the larger south portion on the site has single-family residential units (40.0% allowable tree removal). Existing trees have been inventoried accordingly. Multiple-unit Residences Within the multiple-unit residential portion of this site there are sixty (60) significant trees. Individual tree size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Black Cherry 9" 6"-14" 37 61.7% Bur Oak 10" 7"-16" 7 11.7% Hackbenry 8" 7"-10" 6 10.0% Red Oak 16" 14"-20" 3 5.0% The balance of the tree inventory is comprised of ash, boxelder, elm, and poplar trees averaging 12" in diameter. The development as proposed will result in the removal of sixty (60) significant trees (100.0 of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation calculates to sixty-six (66) category B trees, or an equivalent combination of Category A or Category C trees. Single-unit Residerrtiul boy Planning Report -Terra Glenn November 25, 2003 Page 7 Within the single-unit residential portion of this site there are one-thousand two-hundred thirty- four (1,234) significant trees. Individual tree size and species break down is as follows: ~ecies Avg Diameter Dia. Range Count Percent of Total Bur Oak 15" 8"-27" 418 33.3% Black Cherry 10" 7"-18" 268 21.4% Hackberry 9" 7"-18" 154 12.3% Ash 10" 7"-16" 135 10.8% Red Oak 15" 7"-30" 120 9.6% Elm, American 14" 12"-17" 55 4.4% Boxelder 14" 12"-21" 26 2.1 The balance of the tree inventory is comprised of aspen, cottonwood, birch, and conifer (spruce, pine, and cedar) trees averaging 12" in diameter. The development as proposed will result in the removal ofseven-hundred seventy-three (773) significant trees (62.4 % 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 40.0% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation calculates to six-hundred ninety-six (696) category B trees, or an equivalent combination of Category A or Category C trees. Site Mitigation Mitigation for this entire site totals seven-hundred sixty-two (762) Category B trees. The applicant has proposed to fulfill tree mitigation requirements through the installation of 770 Category B trees to be installed on site. This quantity of trees will be comprised of a combination of overstory deciduous trees (maple, birch, ash, linden, and oak), understory deciduous trees (hawthorn and crabapple), and coniferous trees (spruce and pine). The applicant has submitted a Concept Tree Mitigation Plan that shows the placement of these mitigation trees in the following areas: street boulevards, back yard areas, fringe areas around new ponds, common areas such as cul-de-sacs and entrances, and exterior property lines, especially the east property line near the Maintenance Facility. Also, discussions have taken place with the applicant that emphasis should be placed on the planned location of mitigation trees, especially conifer trees, along the subject's east property line which abuts the existing Maintenance Facility. The reason being, that even with the preserved tree buffer area, during the winter months, when deciduous trees drop leaves, there will not be a very effective natural screen provided by the preserved wooded area. The addition of a densely planted conifer stand will greatly enhance the visual screening effect. Tree Preservatio~i Efforts Staff has had several meetings with the applicant (Lundgren Brothers Construction Inc.) to discuss proposed tree removal versus potential tree preservation. Because of the massive linear footage of grade limits, the exact final number of preserved/removed trees will be determined following an actual walk-through along staked grade limits. Specific tree preservation activities aos Planning Report -Terra Glenn November 25, 2003 Paee 8 will be required to ensure survival of these "edge" preserved trees. The resulting effect of this site walk-through will be the adjustment of required tree mitigation. The final number of required tree mitigation may also be altered as individual lot construction takes place. Therefore, staff is recommending that overall required tree mitigation be handled on a "floating number" system, where additional trees preserved wilt reduce the final mitigation number, and additional trees removed will increase the final mitigation number. This system has been used with satisfactory results on past large development sites. Water Quality -This 39.5-acre development would be located in the City's C-watershed, which is in the northeast part of Eagan and which drains to Gravel Pit Lake in Fort Snelling State Park. The development is proposed to meet the City's stormwater treatment requirements by directing stormwater from a majority (approximately 27.5 acres) of the site to three constructed treatment basins. Stormwater from about 12.0 acres of the development is proposed to drain offsite. This area would be subject to a cash dedication in lieu of ponding. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). The developer proposes to create three ponds to treat stormwater from three sub-drainage areas within the development. Pond 1 would need at least .50 acre-feet of treatment volume over at least .24 square feet of area, Pond 2 would need at least .72 acre-feet of treatment volume over at least .30 square feet of area, and Pond 3 would need at least .62 acre- feet of volume over at least .27 square feet of area. Wetlands -There is one natural wetland on this parcel. Under the classification system of the Fish and Wildlife Service, one 0.059-acre wetland is classified as Type 1, which are seasonally flooded basins or flats. According to the Wetland Conservation Act of Minnesota (WCA), up to 2,000 square feet (.046 acres) of impact is allowed without replacement requirements. The developer proposes to fill the wetland entirely. Any such proposed impact beyond what is allowable must document attempts made to avoid, minimize, etc. and those impacts must include, for City consideration, a proposed wetland replacement and monitoring plan. Wetland replacement is based on a 2:1 ratio. That is, twice the amount of impacted acres needs to be replaced. Replacement wetlands need to be annually monitored for up to five years to ensure functionality and stability. According to the proposed wetland replacement plan, the developer proposes to create wetland area near the development parcel to replace its 2,574 square feet of wetland fill as well as the 10,659 square feet previously incurred by Blue CrossBlue Shield (BCBS) as part of the residential road recently built just north of the North Water Treatment Building expansion. The remaining 13,233 square feet of replacement credit is proposed to be accounted for by the stormwater treatment ponds on site as Public Value Credit (PVC). Essentially, the developer is proposing to assume responsibility for BCBS's requirement to re- deposit into the City's wetland bank account credits that were withdrawn by the City in order to proceed with its construction of the road, as part of a prior agreement between the City and BCBS. Approval of the wetland replacement plan is a separate decision by the City Council. Of X06 Planning Report -Terra Glenn November 25, 2003 Pate 9 particular importance in this process is the assurance that the City receives appropriate wetland bank credits back into its account. Parks and Recreation -The survey for the proposed development has revealed that the existing City observation deck in Skyhill Park encroaches into Lundgren property by approximately 6'to 8'. Both the Developer and the City have agreed that the deck is an amenity that should not be removed. To rectify the discrepancy, the Developer has suggested the creation of "Outlot E" and its subsequent dedication to the City. The dedication would be made in lieu of cash trail dedication. Outlot E as originally proposed would be a triangular parcel approximately 4500 square feet in size. City staff has since suggested that outlot E be modified so as to be a rectangular parcel approximately 16'x 450' paralleling the west boundary of lots 5 and 6 and dedicated to the City in lieu of a trail dedication. The larger outlot would satisfy the encroachment, allow for additional buffer screening between the home sites and park, and provide additional opportunity for the planting of mitigation trees. The modified outlot would be approximately 7200 square feet in size. When the market value, square foot cost is applied, the value of the property within the outlot approximates the estimated trail dedication fee ($14,000) that would be applied to the development. As part of the overall development a trail segment is being constructed along Blueshield Drive, adjacent to the maintenance facility, extending to Coachman Road. A trail connecting to the City trail system via Coachman is proposed in the City trail plan. A connection is proposed through the future Blue Cross campus. The Park Dedication for the entire Blue Cross parcel (including what is proposed to be Terra Glenn) was satisfied through the dedication and development of what is now Skyhill Park. No additional park dedication is required. On October 29, 2003 Lundgren Brothers and Blue Cross Blue Shield held an open house at City hall to discuss the proposal. There was a decent turn out from the neighborhood to the south. There didn't seem to be any real concerns with the residential development, other than traffic. Although more of the concern had to do with the Blue Cross Blue Shield development and the effects traffic would create. II. Planned Development Review 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 the town home proposal and R-1 (Single Family residential) zoning district standards are used as a basis for comparison with the single family proposal. Amenities - Outlot C is proposed with a drainage pond and a gazebo like structure or a "tot lot" for the residents to use along with some landscaping. The Advisory Park and Recreation Commission recommended the use of a gazebo, but not a tot lot. `~07 Planning Report -Terra Glenn November 25, 2003 Paee 10 Homeowners Association - There will be a single homeowner's association for the town home area and for the single family area, it has not yet been determined if this will be one association or two different entities. The homeowner's association will care for Outlots A, B, and C. The association will also own and maintain three community identification signs. The signs will be on private easements within the development. There will also be some retaining walls that will be maintained by the association. Bulk Standards -Simply for the purpose of discussion this proposal is reviewed under the R-3 and R-1 zoning district minimum and maximum standards. Setbacks - As the table below indicates the town home proposal meets all of the standard setback requirements. The setbacks for the single family homes are expected to meet the R-1 standards. The ordinance requirements are listed below. Setback requirements are not established in a Planned Development zoning. Setback Town Homes Ordinance Pro osed Front yard: Yankee Doodle 50 feet 54 feet Front ard: Blue Shield Dr Side yard: east ro erty line 30 feet 100 feet Side yard: south roperty line 30 feet 70 feet Side yard: west roperty line 30 feet 50 feet Setback Sin le family Ordinance Pro osed Front yard: Birchpond Rd 30 feet 30 feet Front ard: Terra Glenn Ct 30 feet 30 feet Side yard: Princi al Structure 10 feet 10 feet Side yard: Accessory Structure 5 feet 5 feet Rear ard: Princi al Structure 15 feet 15 feet Rear yard: Accessory Structure 5 feet 5 feet Building Coverage -The R-1 and R-3 zoning district allows for a maximum of 20 percent building coverage. The single family portion of this development proposes a maximum of 25 percent. The town homes propose a maximum of 23 percent. Building Height -Building height is limited to 35 feet in height for the town homes. According to the applicant the building height will be 44 feet in height from street level for the middle units and 37 feet in height from the street level for the end units. Single family homes are limited to 35 feet as well. Landscapin; -Single family homes are not typically subject to landscape requirements, however there will be tree preservation/mitigation trees located throughout the single family area. R-3 districts require a landscape plan with any new development. A plan has been submitted that includes two unidentified overstory trees, 12 unidentified understory trees, 10 unidentified ~ 08 Planning Report -Terra Glenn November 25, 2003 Page 11 coniferous trees for a total of 24 plantings and 273 unidentified shrubs. The landscape plan is satisfactory, however; lacks detail and is not specific to what plantings are remaining with development. The landscape plan shows some "ghost" plantings but it is unclear if those plants are to remain after development. A revised landscape plan should be submitted with final subdivision that is more specific to the species that will be planted and should indicate what plantings will remain after development. Parking - R-3 parking requirements include at least one enclosed or underground space per unit and at least one outdoor parking space per unit. The plans show two underground spaces per unit and 14 total above ground parking spaces. Although the underground parking is adequate for the tenants, staff has concerns with lack of visitor parking. Staff suggests the developer provide information on where alternative parking would be made available. The single family homes should have at least two indoor parking spaces, each lot can easily accommodate this requirement. Trash Enclosure - A trash enclosure location was not included on the preliminary plans for the town house development. The Zoning code does not address trash enclosures for this type of residential development. Staff suggests that if the development is going to use some type of dumpster for the residents it should be enclosed in an attached structure or stored inside. Exterior Materials -According to the applicant the town homes with have lap siding with stone/masonary treatments. Staff suggests a cement based lap siding (i.e. Hardiplank). Specific colors have not been established. The Final Planned Development documents should provide more detail. Li htin -Alighting plan was not submitted, as part of the final subdivision a lighting plan should be submitted for the town house development. No light should reflect onto adjacent property or public right-of--way. Signage -Three entry monument signs are proposed with this development. One sign is located southeast of the town homes and the other signs are located on Lot 22, Block, 4 and Lot 1, Block 3 of the single family portion of the development. All signs are to be maintained by the home owners association and should be placed on each lot by an easement. All signage should meet City Code Standards. Detailed sign plans are required for Final Planned Development. Phases -The development is proposed in three phases; two single family phases and one town home phase. The first phase will begin with approval of the Final Subdivision in 2004. The Final Planned Development document must be recorded prior to any development. The applicant should provide more information on the proposed phases. Advisory Park and Recreation Commission -This proposal was before the Advisory Park and Recreation Commission (APrC) as a development item at the November 17, 2003 meeting. The applicant indicated concern with the value imposed on Outlot E for trail dedication. The APrC recommended approval of the proposal stating that outlot C does not have a "tot lot" and added an additional condition regarding individual tree preservation measures. ao9 Planning Report -Terra Glenn November 25, 2003 Page 12 SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision (Terra Glenn) to create 26 town home units on two lots and 54 single family lots. The property is zoned Planned Development and is part of the Blue Cross Blue Shield East Campus Planned Development. The preliminary Planned Development allots the eastern portion of the property to be developed with residential uses as proposed. The single family lots range from 13,299 to 58,424 square feet in area. The proposed lot coverage exceeds the 20 percent lot coverage maximum allowed in residential districts. The development is proposed in three phases, two single family phases and one town home phase. Sanitary sewer and water are available to this development. Construction of raw water transmission Lines, or alternative carver pipes, across the property should occur at the time of development. The development proposes two new public streets. This development will generate vehicle traffic consistent with the amount estimated in the traffic element of the Alternative Urban Areawide Review (AUAR) document approved by the City Council in 2002. The submitted tree inventory indicates there is a total of 1,294 significant trees on this site. There is tree mitigation required for this development. The town home portion of the development will remove 100 percent of the significant trees the City Code allows 47.5 percent removal. The single family portion of the development will remove 62.4 percent of the significant trees the City Code allows 40 percent removal. The exact final number of tree removaUpreserved will not be established until construction takes place therefore staff recommends that the overall required tree mitigation be handled on a "floating number" system, where additional trees preserved will reduce final mitigation number, and additional trees removed will increase the fmal mitigation number. Park dedication has been satisfied with the dedication of Skyhill Park. The City observation deck in Skyhill Park encroaches into Lundgern property. The developer suggested Outlot E be dedicated in lieu of cash trail dedication. Staff suggests that Outlot E be modified so as to be rectangular in shape approximately 16' X 450' which would allow for additional buffering and provide additional opportunity for planting mitigation trees. ACTION TO BE CONSIDERED The applicant is requesting approval of a Preliminary Subdivision (Terra Glenn) creating 26 town home units and 54 single family lots, located east of the Blue Cross Blue Shield East Campus, South of Yankee Doodle, West of the City's Maintenance Facility and North of Ashbury Lane; subject to the conditions listed in the staff report. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: lA, B1,4, C1,2,4 D1, and E1 2. The property shall be platted. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: aid Planning Report -Terra Glenn November 25, 2003 Page 13 • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 4. Required tree preservation mitigation through the installation ofseven-hundred sixty-two (762) category B trees to be installed on site. 5. The development can use a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 6. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 7. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 8. The applicant contact the City Forestry Division and set up apre-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. 9. The trail dedication shall be satisfied through the creation and subsequent dedication to the City of Outlot E, a 16' wide parcel extending north/south along the length of the most westerly boundary of lots 5 and 6 of Terra Glenn. In cooperation with the City, the developer may plant mitigation trees on said Outlot. 10. An individual tree preservation plan for Lots 1-20, Block 4 and Lots 1-15, Block 2, be submitted at the time of building permit. 11. The developer shall be responsible for providing adequate easements across this development to accommodate the required raw water transmission lines, in an alignment to be determined by the City. 12. Construction of the raw water transmission lines, or alternative carrier pipes, across this property shall occur at time of this development through one of two methods: 1) as a petitioned public improvement project or 2) privately by the developer to be transferred to the City for future maintenance. If the project is petitioned, the project shall be approved by the City Council prior to final subdivision approval. 13. The developer shall construct outlet structures and pipes from the ponds in accordance with City engineering standards. 14. The developer shall be responsible for constructing a trail, in accordance with City standards, along the north side of Blue Shield Drive within the development. 15. The developer shall be responsible for acquiring drainage and utility easement to cover the ponding area within Blue Cross/ Blue Shield property prior to final subdivision approval. 16. The development should meet the City's water quality requirements primarily by a~~ Planning Report -Terra Glenn November 25, 2003 Page 14 creating a minimum stormwater treatment capacity of 1.84 acre-feet. Storn~water treatment ponds should be constructed according to NLJRP standards with maximum depths of 6 feet, 10:1 aquatic benches from the normal water levels, and outlets in accordance with City design standards. 17. Subject to assurance that the wetland replacement area is accepted by the Board of Water and Soil Resources into the City's wetland bank account, and subject to full accordance with standards and provisions of the WCA, the proposed wetland replacement and monitoring plan should be approved, allowing the developer to fi112,574 square feet of wetland and create 13,233 square feet of new wetland credit and at least 13,233 square feet of Public Value Credit (PVC). 18. The 12 acres draining off site is subject to a cash dedication in lieu of ponding. 19. The developer shall provide information relative to "over flow" visitor parking for the town home portion of the development. 20. The developer shall illustrate trash and recycling accommodations for the town home portion of the development. 2 1. All signage shall meet City Code requirements. 22. Cement based lap siding (Hardiplank) should be used as exterior materials for the town homes. 23. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Homeowners Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 24. The developer shall be responsible for preparing and recording, with the subdivision, a conservation easement for Outlot B and on the lots specified by the developer. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 25. The homeowners association shall maintain outlots A-C, signage, landscaping, and retaining walls. a~~ STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 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 fnancially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-0f-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. a~ 4. A separate detailed landscape plan sha(I 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 tmQrovements 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 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 Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 lTSliS STANOARO.CON ~~ y FINANCIAL OBLIGATION-Terra Glen- Preliminary Subdivision There aze pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. 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 subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges aze proposed. The chazges 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 Water Lateral M.F. $30.55/L.F. 355 F.F. $10,845 Water Trunk S.F. 1,015/Lot 9 Lots 6,090 Storm Sewer Trunk M.F. .11562/Sq. Ft. 98,048 Sq. Ft. 11,336 Storm Sewer Trunk S.F. .0925/Sq. Ft. 1,143,014 Sq. Ft. 105,728 Total Connection charge rates are subject to change effective 1/1/04 $133,999 ass Lundgren BROS. 10/14/2003 Community Development Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Development application Dear City Council, Planning Commission and Staff Lundgren Bros. Construction Co. has partnered with Blue Cross and Blue Shield (BCBS) to develop the residential portion of their Corporate Campus at Hwy 13 and Yankee Doodle Road.. Lundgren Bros. is please to submit this application Phone 612.473.1231 fora 40-acre residential community, comprised of 54 upscale single family Fax 612.473.7401 homes and 26 townhomes. 935 East Wayzata Boulevard Wayzata, Minnesota 55391 Zoning and Comprehensive Guide Plan Builder License No. 0001413 It is our understanding that the Planned Development (PD) for the Campus was approved in October 2002 and includes a Medium Density parcel adjacent to Yankee Doodle Road and a Low Density parcel along the East and South Campus boundaries. It is also our understanding the PD as approved is consistent with the city's Comprehensive Guide Plan. Lundgren Proposal, Timing and Phasing Consistent with these plans, Lundgren Bros. application is for 26 townhomes in the medium density area and 54 single-family homes in the low-density area. We are proposing to develop the community in three phases, two single family phases and one townhome phase. The first phase will commence with the approval of the first final plat in 2004. Lundgren will treat this neighborhood as a continuation of our current Eagan community, Stonecliffe. E~:isting Uses of the subject property The propert}' is presently a woods, including both mature trees and younger volunteer growth. ~/6 Surrounding Uses N Single Family and Multi Family uses across Yankee Doodle Road, LD & HD designations E Wetlands/Storm Pond, Public Works complex and Single Family Homes, QP (Public and Quasi Public) and LD designations S Single Family homes, LD designation W Sky Line Park, Delta and BCBS office buildings, P and OS (Office/Service) designations We at Lundgren Bros. look forwazd to working with the City Council, Planning Commission and your staff in creating another great Eagan neighborhood. Sincerely • o J. i eracki Project Manager a~~ Lundgren BROS. ?none 612.473.1231 Fax 612.473.7401 October 27, 2003 Sheila Cartney - ~ . ~ - - ~ - - ~ _ _ Community Development Department ~ - City of Eagan 3830 Pilot Knob Eagan, MN 55122-1897 RE: Response to Terra Glenn comments following initial staff review Dear Sheila: Staff asked Lundgren Bros. and our consultants to provide additional details on several elements of our application. • Additional developer escrow fees. A check has been ordered and will be delivered this Friday. 935 East Wayzata Boulevard \'/ayzata, Minnesota 55391 Townhouse architecture. Proposed elevations and floor plans aze attached. 5~ilder License No. 0001413 • Outlots Proposed disposition of Outlots Outlot A Outlot B Outlot C Easement Outlot D Outlot E Homeowners Association Homeowners Association Homeowners Association, with a Drainage and Utility City of Eagan, Well site City of Eagan, for expansion of exiting Sky Line Park None of these Outlots is being reserved for future subdivision or housing construction. • Home Owners Association A Single Family Homeowners Association will be created to own and care for Outlots A, B and C. Outlot C will contain lawn areas, plantings, a gazebo and tot lot. Outlot B will remain a wooded hillside, but may contain walking paths and seating areas. Outlot A will remain natural. The Single Family Association will also own a~~ and maintain three community identification signs. These signs will be on private easements described on the lots indicated on the landscape plan. The sign and plantings will meet the city's sight visibility ordinance. • Tree inventory/mitigation plan A tree removal and mitigation plan is under design and Lundgren will coordinate closely with the Forestry department. The staff assigned an extensive amount of work to be accomplish within one week. Our consultant, Kunde Co., was hired immediately following last week's, meeting and has been in contact with the Forestry Department. They do not believe they will be able to accomplish all the field work and analysis requested by staff with enough time remaining to allow DSU to complete a thoughtful mitigation design by Wednesday afternoon, today. Our plan is to provide for the city's required mitigation on the Terra Glen site and adjacent Public Works property (if the City will allow us to add some plantings to their ounlership). Our preliminary numbers indicate we will be planting over 750 trees, approximately 20% will be category A trees, 30% category B trees and 50% category C trees. Our preliminary allocation calls for each single family home to have a minimum of two street trees and four ornamental trees, with the remaining trees allocated to perimeter and buffer plantings. • Wetlands The proposed wetland mitigation area, which is outside of the platted area and within the area retained by Blue Cross Blue Shield, is being created to mitigate both the small wetland disturbed by Block 3 of the residential development and the wetland that was disturbed to create the Blue Shield Drive access to the future Blue Cross Blue Shield Corporate Complex and also serves the north end of the residential development. (A separate easement document will be created once the wetland design has been accepted and the limits can be accurately described.) This mitigation will be constructed as site grading. The portion of the mitigation for the Blue Shield Drive construction actually will be deposited into the State of Minnesota's Wetland Bank system to the credit of the City of Eagan, to replace the credits that were withdrawn in order for the city to construct Blue Shield Drive. • Trail along Blue Shield Drive Both Lundgren Bros and Blue Cross Blue Shield question the need for this trail. The recently approved Blue Cross Blue Shield Corporate Master Plan does not show a trail along this road. There is no trail along Coachman Road for this proposed trail to connect to. There is presently a trail along both sides of Yankee Doodle Road just 400 feet to the north. Additional Points of Discussion a ~q • Sky Line Park Overlook Blue Cross Blue Shield has previously dedicated all the City required `park dedication' of their_96 acre campus. The present Sky Line Park Overlook encroaches onto the Blue Cross Blue Shield ownership and the parcel Lundgren is acquiring. It makes no sense to change this attractive neighborhood amenity. Lundgren proposes that we dedicate an additional strip of land adjacent to the existing pazk, which includes the encroaching overlook, in exchange for paying `trail fees'. • Public Works complex The site design and buffering at the proposed Public Works improvements will create an acceptable neighbor to the proposed housing. The existing Public Works improvements, with their existing design and buffering adjacent to the Hampton Heights community has also been an acceptable neighbor. The west side of the existing Public Works improvements does not v~~ork well with the proposed housing. There is no setback or buffer, in fact over time the Public Works area has been enlarged to encroach into the Blue Cross Blue Shield site. To be consistent with the rest of the complex and to meet reasonable contemporary development standards Lundgren is requesting that all Public Works encroachments be removed from the residential area including the `fill areas' that appeaz to be from past street sweeping operations and may contain salts, petroleum residue and other soil contaminates. Since this area doesn't have a hill or berm or existing trees to buffer it from its neighbor, Lundgren requests that the city install an 8' privacy fence along this property line and pull the asphalt pazking lot/driveway back an additional 12 feet to create a planting bed. (This would be consistent with how the city would look at the interface between ResidentiaVIndustrial uses in other portions of the city.) Lundgren could allocate some of its mitigation trees to this buffer area. We hope this additional information is helpful to the staff in their review of this new community. If you have additional questions please call me (952) 249-3022, Dave Hinners (952) 249-3024 or anyone of our design team members. Sincerely ;` beracki Project Manger aao Planning Report -Terra Glenn November 25, 2003 Attorney's Comments 1. The town home lots should list each town home as individual lots (example Lot 1 would then have 121ots and Lot 2 would have 14 lots each numbered) 2. outlots D and E should be conveyed to the city by warranty deed--all other outlots should be transferred to the association--or to separate associations--there is an issue as to how many associations will be created. eg. a master association for certain outlots with amenities to the entire developement and a separate association for the townhomes and their respective common areas. look at condition 21. 3. The conservation easment in outlot B should be in favor of the city--this should be first transferred to the association and then an easement granted, in a form acceptable to the city attorney. 4. The water transmission line easements--will these run under the residential lots? 5. Need a condition that they provide a trail way easement, in a form acceptable to the city attorney (see condition #13). 6. Outlot C--if there are pipes going in and out, it is a city pond and an easement should be shown on the plat or granted to the city, in a form approved by the city attorney. 7. Conditions #11, 13 and 14 add "in a form acceptable to the city attorney". 8. There is also an outlot F--not referenced in your report--this appears to be a private street--which should be transferred to an association. 9. On condition 12, do you want the public project "approved" or "awarded"--there is a big distinction between the 2 aai lagan boundary Location Map street Centerline O Parcel Area building Footprint ~ ~~ , ~-~, ~ j ~ 1 '~~ ~ i a~/I /CHI b 1 ~ \ I ~`~ ~ ~ ~ ~ ~~ ~. ~ 0 v ~ ~+y . r > ~ ~ ~ ~ 0 r ? ~ J W ea 0 ~ ~ 3 3 ao mm ~ ~ r ~".` + ti ~ - ' n ~ t ~ ~ ~er - ,/ 1 ' ~ / s-- :' ~ mmmmm ~ Subject Si te ~. . ~~ ~ ~~ ~a ,, ~ r ~ ~ ~ y ~ ` ~ - v ~ 7 ;w? ~ ~~ ~m 0 ~ -i ~ ` ~ y~ ~"~ tar ~ _ -.:--, e. X41 .°vLLW]~~~ , ' ~. ~' „ , j. ~ - ,'a 3 3 ~~ r ~~ '~ ~ ~ .~ ?r' ~ - _ .] } ~ . ~ " ~: .u •• % . I,- -_ ~~- .. '~ I ~^. ~'~ 'J .. .~ R .. ; .., ~~ ~~_ ~1' _ ~ ~ J ~ ~ _ ..~ 7 =~ ..g _ J .j V ~ ~ ' 7 3 ~ / ~ ~ ~~ ® ~ .l ~ ~ 3 1 9 J S ~ ~7 ~.1 V, ® ~ ~ ~ n } ~ ~~~~ . ~~ ~ . ~ ;~ ~ ~ i. 7 ~ ~ 1 a 1 _ ~ I ~ ., . ~- - 1000 0 1CG0 2000 Feet Development/Developer: Lundgren BrosIBCBS Application: Preliminary Subdivision Case No.: 16-PS-23-10-03 Ma Prepared using ERSI Preview ].1. 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I ~a e e € s s e : s s e J ^ I e ~ a !e~€ € € e € ~ ~ ~ de L e Y c Y e Y g Y e Y c e ~y Y c Y e Y c • c 2I. ilc : c 2 r 2 c 2 c ~ I l f € ` ~ : ~ g I 1 z ~ C # ~ ~ s ~ € ~ ~ ~ ~ $ ~ ~ j ~I~ ~1e ~ l a Ej `i ~ ~ ~ ~ g ~I ~ ~ e g C ~ ~ ~ 1 ~ 66 a ~ ~` ~ ~ ~ ~ 9 e o9 ' ~iie ~l ~ i 9`9 %~ Q ~ gl ~ r! ` , , o -iE I i ' ~ I i `. t o $ i l I I ~ Q' ~~ ~ ~ ~ III ~ ~ ~ ~ I i ~ ~I~ ~ ~ ii ~~ ~ l a t E . ! ! clFl ~~ I i 3 E ~~ F~ ilv, z` G T r Sheila Cartney - From: T Trinh [t_trinh00@hotmail.com] Sent: Sunday, November 23, 2003 5:39 PM To: Sheila Cartney Subject: comments regarding Lundgren Bros. Hello. Our family has just moved into the Stonecliffe neighborhood last March, and we just received a flyer about comments regarding the Lundgren Brothers Constuction. I just wanted to say that we have had a terrible experience with the Lundgren Bros., we moved into our home in March of 2003, because of the delay in the completion of our new home. Lundgren had promised us that our family would be able to move into our home before Christmas of 2002. They have came into our home to inspect the things that they should fix up several times; like the broken lock in our bathroom, and the missing screen for one of our windows are missing, etc. The boss of the company, who was said to have never came out to anyones home before visited our house and he recorded all of the things that should have been fixed up about a month in a half ago, but we still haven't had any changes in our home yet. Also a inspector has came to take a look at our yard and he stated that a retaining wall was necessary because our house was built on top of a hill, but in the end, they ignored his statement and no retaining wall has been put in for us; so we had to pay for the retaining wall at our own expenses. There are other things that we could tell you about our unsatisfactory, but to keep things short we'll just end it here. We have came to a conclusion that we have made a big mistake in chosing the Lundgren Brothers Constuction as the company to build our home. Thank you. -Trinh Family. From the hottest toys to tips on keeping fit this winter, you'll find a range of helpful holiday info here. http://special.msn.com/network/happyholidays.armx a.~~ Page 1 of 1 Sheila Cartney From: Parham Alaei [alaei001 @umn.edu] Sent: Tuesday, November 25, 2003 10:16 AM To: Sheila Cartney Subject: Terra Glenn Development (Case # 16-PS-23-10-03) Dear Sheila, I won't be able to make it to the city council meeting tonight but I would like to make the following comments: I am a resident of StoneCliff (developed by Lundgren Bros./Lennar). I purchased the home less than a year ago and am very disappointed with this company's customer service (specially after the closing). I think city should press Lundgren Bros. to improve their customer care before allowing them to build another subdivision in Eagan. I can elaborate on this in more details should it become necessary. Regards, Parham Alaei 4626 Summit Pass Eagan, MN 55122 (651) 452-2856 Parham Alaei, Ph.D. Assistant Professor Department of Therapeutic Radiology-Radiation Oncology University of Minnesota Mayo Mail Code 494 420 Delaware St. S.E. Minneapolis, MN 55455 Tel: (612) 626-6505 Fax: (612) 626-7060 11/25/2003 a.~ Agenda Information Memo December 16, 2003, Eagan City Council Meeting C. PRELIMINARY SUBDIVISION (MOTHER NATURE ADDITION) -KENT LAGESON ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Preliminary Subdivision (Mother Nature) to create 2 single family lots located at 4137 Rahn Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The subject site contains an existing single family home. • Proposed Lot 1 is 14,058 square feet, will contain the existing single family home; Lot 2 will be 13,360 square feet in area and available for a new single family home. • Utilities are not readily available to Lot 2, the developer will be responsible for extending sanity sewer and water service to Lot 2. • Northern Natural Gas is releasing an Easement that runs through the property. • Both lots will comply with R-1 zoning requirements. • The Advisory Planning Commission held a public hearing on November 2~, 2003, and recommended approval subject to the conditions listed in the staff report. ISSUES: • Neighbors expressed concern about an existing gas main running through the subject site, it is unclear if there is another easement associated with the site. • The APC added a condition requiring the easement issue to be fully resolved prior to Final Subdivision approval. 120 Day Agency Action Deadline: • February 11, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes page(s) ~~ ~36 Plaruiing Staff Report pages~~through~~Q a3~ City of Eagan Advisory Planning Commission Meeting Minutes ~ ~~~ November 25, 2003 Page 12 E. PRELIMINARY SUBDIVISION -KENT LAGESON A Preliminary Subdivision (Mother Nature Addition) to create two single-family lots, located at 4137 Rahn Road in the SE %4 of section 19. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated November 17, 2003. She noted the background and history. Chair Heyl opened the public hearing. Peter Russey stated he sent a letter regarding the pipeline. He stated the gas company told him that there is a 4 inch, 50 PSI gas line present and that Northern Natural Gas may have a larger gas line present at the property. Chair Heyl stated the City received other letters stating concern for the possible gas pipeline. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder stated the gas line on the property has been abandoned, as far as he knows. Pat Henry, 4137 Rahn Road, Developer stated the pipeline had never been used and was abandoned. Member Steininger suggested a condition that assures the gas line is not active. He suggested that the developer call Gopher State One for a gas line locate. Assistant Engineer John Gorder stated the easement was granted by Northern Natural Gas, therefore it should be valid. Member Hansen moved, Member Steininger seconded a motion to recommend approval of a Preliminary Subdivision (Mother Nature Addition) to create two single family lots, located at 4137 Rahn Road in the SE %4 of Section 19 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: A1, B1, C1, D1, and E1 2. The property shall be platted. 3. A copy of the fully executed and recorded document from the easement release from Northern Natural Gas including verification of no active gas line and in a form approved by the City Attorney shall be provided prior to building permit. X35 City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 :, Page 13 4. Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 5. An Individual Lot Tree Preservation Plan is required on Lot 2, Block 1 at the time of building permit application. 6. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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 contact the City Forestry Division and set up apre-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. This development shall be responsible for a cash trails dedication. 9. This development shall be responsible for a cash parks dedication. 10. The developer shall be responsible for extending sanitary sewer and water service to Lot 1 from the existing utility pipes within Rahn Road. 11. The development shall be responsible for a cash dedication in lieu of storm water treatment ponding. All voted in favor. Motion carried 6-0. a~ PLANNING REPORT CITY OF EAGAN REPORT DATE: November 17, 2003 APPLICANT: Kent Lageson PROPERTY OWNER: Same REQUEST: Preliminary Subdivision CASE: 19-PS-22-10-03 HEARING DATE: November 25, 2003 APPLICATION DATE: October 15, 2003 PREPARED BY: Sheila Cartney LOCATION: 4137 Rahn Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two single family lots located at 4137 Rahn Road, in the SE'/4 of Section 19. 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 ofthe 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. ~ 37 Planning Report -Mother Nature Addition November 25, 2003 Paee 2 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). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property is an existing single family lot described as Lot 8, Block 3, Cedar Grove #3, which was platted in the 1960's. In 1932 Northern Natural Gas placed an easement on the southern half of this lot, which was never utilized. A letter from Northern Natural Gas indicates a release of the easement. EXISTING CONDITIONS There is an existing single family home with an attached garage on the northern portion of the lot with access via Rahn Road. The subject lot is approximately 27,418 square feet. Nothing is built south of the home because of the Northern Natural Gas easement. X38' Planning Report -Mother Nature Addition November 25, 2003 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Single family R-1, Single Family LD, Low Density residential Residential Residential South Single family R-1, Single Family LD, Low Density residential Residential Residential East Multiple family R-4, Residential HD, High Density residential Multiple Residential West Single family R-1, Single Family LD, Low Density residential Residential Residential EVALUATION OF REQUEST Compatibility with Surroundin~Area -The property is surrounded by single family and multiple residential, one additional single family lot appears compatible with the surrounding area. The preliminary subdivision complies with R-1, zoning and LD, Low density (0-4 units an acre) Guide Plan requirements. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at it s current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, infill single family residential development would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. a~q Planning Report -Mother Nature Addition November 25, 2003 Page 4 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 5.5 miles south of the new north/south runway at the airport. There are three flight tracks that are proposed to fly over the property (within one mile). Flight track B, 6.7% of daily flights, Flight Track I, 3.3% of daily flights, and Flight Track C, which is the primary track being used for arrivals onto the new runway 16.1% of daily flights. Upon completion, approximately one-third of all arrivals and departures are expected to use the north-south runway. At current traffic levels, the airport handles approximately 530,000 operations annually. While the implementation of the Stage III airline fleet in recent years has lessened the noise per operation, the net effect of these deductions has not yet been translated into new noise policy contours. Updated policy contours are expected to be available and adopted later this year, and it is anticipated that the result will be a reduction in the contours. However, until that time, regional policy dictates that cities continue to utilize the last officially adopted noise policy contours. If the City determines that findings concerning these conditions support the approval of this application for in-fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (Issue #5). Lots -Proposed Lot 1 is 14,058 square feet, and will contain the single family home. Proposed Lot 2 is 13,360 square feet; both lots meet the minimum 12,000 square foot requirement in an R- 1zoning district. Gradin Topography -The site is generally open and slopes to the northwest. Grading for the proposed house on Lot 2 will occur at time of building permit. Storm Drainage - No storm sewer system improvements are necessary with this subdivision. Wetlands/Water Quality -This proposed single-family subdivision is located in the City's "A" Drainage District. Similar to other residential developments, additional impervious structures increase stormwater runoff within the City. However, because of the small size of this development, on-site stormwater ponding for water quality purposes is not practical. a s~o Planning Report -Mother Nature Addition November 25, 2003 Page 5 Thus, in accordance with the policies and practices of the City since 1990, this proposed development is subject to a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with this site. Utilities -The existing house on Lot 1 is connected to City utility system. Sanitary sewer and water service is not readily available to Lot 2. The developer should be responsible for extending sanitary sewer and water service to Lot 2 from the existing utility pipes within Rahn Road. Streets/ Access - The existing house on Lot 1 has public street access directly to Rahn Road. The proposed house on Lot 2 will also take driveway access from Rahn Road. Easements/ Permits/ Right-of--Way - Most of Lot 2 lies within a former private gas line easement. The developer has provided evidence of easement release from Northern Natural Gas Co. releasing all rights to the easement. Tree Preservation -Tree preservation issues will be addressed at the time of building permit. Parks and Recreation -This development is subject to a cash park and cash trails dedication. Setbacks -The following minimum setbacks are required for all buildings in the proposed development: Front yard 30 feet Side yard Dwelling 10 feet Garage 5 feet Rear yard Dwelling 15 feet Garage 5 feet Advisory Park and Recreation Commission -This proposal was a consent item at the November 17, 2003 APrC meeting, the Commission recommended approval. SUMMARY/CONCLUSION The applicant proposes a subdivision of an existing single family lot to create two lots located at 4137 Rahn Road. There is an existing single family home with attached garage on the subject site which will remain after subdivision and occupy proposed Lot 1. Lot 1 will be 14,058 square feet and Lot 2 will be 13,360 square feet. A natural gas easement is being vacated for this subdivision. The property falls within Noise Contour four and is a conditional use. As proposed both lots will met or exceed R-1 zoning standards. air Planning Report -Mother Nature Addition November 25, 2003 Page 6 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two single family lots (Mother Nature Addition) located at 4137 Rahn Road; subject to the conditions listed in the staff report: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C1, D1, and E1 2. The property shall be platted. 3. A copy of the fully executed and recorded document from the easement release from Northern Natural Gas shall be provided prior to building permit. 4. Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 5. An Individual Lot Tree Preservation Plan is required on Lot 2, Block 1 at the time of building permit application. 6. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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 contact the City Forestry Division and set up apre-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. This development shall be responsible for a cash trails dedication. 9. This development shall be responsible for a cash parks dedication. 10. The developer shall be responsible for extending sanitary sewer and water service to Lot 1 from the existing utility pipes within Rahn Road. 11. The development shall be responsible for a cash dedication in lieu of storm water treatment ponding. a ya STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 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 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. ~ ~3 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 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. Penmits 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 Approved: AuQUSt 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS~S STANOARO.CON FINANCIAL OBLIGATION-Mother Nature Preliminary Subdivision There are pay-off balances of special assessments totaling $-0- on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. 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 1 Lot $975 Water Trunk S.F. 1,015/Lot 1 Lot 1,015 Total $1,990 Connection charge rates are subject to change effective 1/1/04 ass Eagan Boundary Location Map % /Street Centerline Parcel Area Building Footprint 'tit H.N~ `~+ ^~ \\ ~~ ~ ~ ~ U _ wv ~ ~ 8e 4~® ~ f~ ~ ~d ~ c ® ® ~ o~ ~~ ~ ~ h ~ rout D ~ ® e ~ p ~ ~'® c ©o ® ~ tJ ° ® ~ ® ~, ~ ~o ~ ,d •,,. o 0 ~ ~ ~® ~tM~~ ~ _ ~ d It - ...., ~~~ ~ L~3 r ~ ~ ~ ~ ® _ ~ ..®.. t Y .u.r~ _. v.• © .® `'"+ey~ _ s ~.i~c~a.o ~r ~ ®' ® 4ar ~ ® ~ © ® ~ q~.,weo.. Subject Site ~ i we a ~q_ m °©i® ® ~ Qa~ ~ 9 c ~ ~ . ~.. u.e . ~ 4i o Q ~ e.~ wx u.e ~ ,. : I~ e ~ t .> __ ®o ~ ®® 4 ; D 9 '~ t ~ + i I ~ ~ ® o ~ ~ ~ -+ ® o ~ . a ~ / ® ~ . ~ ~, ® , m ... ~~, . e~ " . ~, . ® ~ t ` ` ..o e ,~ 0 0 0 0 0 ® ® n ~ ~~ a ~ ~ ~• 1 ~~ .n. ~, ~ 0 ER ~O ~ ~ ' ~ 1 ~°. ._ ' G''r o r ~.... ~ - ~ .~' 6G1 ~ ~ \ ~ An ~ , e. o .r $ . ® - .. ti= ,. fi ~ ~ _ .. .. Q ~ 4b ~ p ~ P ~ n~"'cr ~ ., 4r ~ t y ~ ° `. ~ ~ G ~ b Q ~ m ~- ~ . ~ o ~ m .. ~ ~ ~ ~ p • ~ ~ ~, : ® '' ~ •~• n ti . ~ r ~ , ~ Vi:" ~. © G ~ o D.~ ® o 0 ~ o' a / p n...._ ...n ~ 55 .. 1000 0 1000 2000 Feet Development/Developer: Kent Lageson Application: Preliminary Subd' Case No.: 19-PS-22-10-0 f"' '~ ~ -~ .f ' ~ ~Z 'v;~ ~ Map Prepared usin 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as o(June 2003. N A W E p x Cll:v OF QnC~nr1 ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY f f The City of Eagan and Dakota County do not guarantee the accuracy o this in ormation and are S Community Devdopmant Department not responsible for errors or omissions. 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October 13, 2003 RE: Subdivision of 4137 Rahn Road Lot 8 Block 3 Cedar Grove #3 To whom it may concern: Currently this large parcel is zoned residential and has asingle-family house. I intend to subdivide this parcel and create two lots as shown on plat. I intend to apply for permits and build asingle-family home (1000-1200sf in size) in the spring/summer of 2004 on the southerly parcel. The intent at this time would be to occupy the home for myself. Land use on the west side of Rahn road appears to be all single-family use. Land use on the East side of Rahn road appears to be a mix of Single family and apartment use. Please find enclosed a letter from Northern Natural Gas Company releasing all gas line easements, which were located on the southerly border of the site. Please contact me if there is any other information you need. Sincerely, Kent L g s n 952-22 -5974 ~~~ Northern Natural Gas a M~D~MEPIC~N ENERGY NOLDiNGS COMP4NY September 24, 2003 Ms. Pat Henry 4137 Rahn Road Egan, MN 55122 Dear Ms. Henry: RE: Partial Release of Easement Over a Certain Tract of Land in: Sec. 19, T27N, R23W Dakota Co., Minnesota Your File No. Northern Natural Gas Company PO. Box 3330 Omaha, NE 68103-0330 -102 398-7200 Please acknowledge this as letter of intent to grant a partial release of easement pertaining to the following described property in Dakota Co., Minnesota: The southerly 33 feet of Lot 8, Block 3, in Cedar Grove No. 3, in Section 19, Township 27 North, Range 23 West, according to the recorded plat thereof now on file and of record in the office of the Register of Deeds, Dakota County, Minnesota. As it pertains to this certain tract, the partial release of easement will release, relinquish, and extinguish all covenants and agreements arising from an easement executed the 1st day of September, 1932, and filed for record the 17th day of October, 1932, as Document No. 131369 in the Office of Recorder for Dakota County, Minnesota. After execution by Northern, we will have the partial release of easement recorded in Dakota County. A copy of the fully executed and recorded document will be mailed to you. Sincerely, ~ C,`~ Denise Matthews Right-of--Way Analyst cc: Farmington Team Fite 80201-19 ~`~9 M O a 3 ~ 2 ~° ~ ~~ ~~a Ppo~ uyvg ~ ---t- -' - - ~ - M - rw°. - -~- - ~. A -. .~. .- `~ ~ M .00,9600 N 3 ~ M .00.9600 N-~ ; ; _= - ° --oos9 ° ~ --rtrou-- ~3or ' ° - - ? - -- ! ! ! ¢ ,e ~( i o ~ J ~ / g i d ----'~ -------=1 -- '~---1--~----t ------ c C ~ 'iw ~ e. 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Q S Y > C ^b O~°TT s~ ~~mc u~u°;~E'3 5- s~0-b ~ c Ta.o r~ w w u9wo9 Jm 3„ ~ 3 ac.~ ° 5 Y° <'ou~'"u e'- .Z y > > fnNN <~ wg 3 .3 3oi~s ~~5; ,°a oa o.9 o~5_$~ C$ +.$ e~$ Q g z 1>~1S~> u cHO~ 3>3=ai0~,8'~r>3~y=4~ °i 5E3~a9-C c°~~•>8 ; 6 N N Vl PC L1C K J .J :/! J O Y~~ 1`1 ` E~ ` rn »~ G E O C A ~ p 3 O t O~ v~ ri ~p ~• N a~ J Y Y 6 a Agenda Information Memo December 16, 2003, Eagan City Council Meeting D. PRELIMINARY SUBDIVISION AND VARIANCE (SUGAR BLUFFS) - MICHAEL AND KAREN STACK ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Preliminary Subdivision (Sugar Bluffs) to create 4 single family Iots and a Variance to allow two Iots without public street frontage located at 4500 Thomas Lake Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The site has lakeshore along Thomas Lake to the north and west • East end of property has a single family home with detached garage that will remain with development • The property is within a shoreland overlay district, in joint application of both base zoning and shoreland zoning standards, the most restrictive regulations apply. • The four lots range from 0.51 acres to 1.3 acres in area; Outlot A accommodates the private street which provides access to all four lots. • A Homeowner's association for maintenance of outlot and private street is required. • Utilities are available, all existing well and septic systems shall be abandoned. • A conservation easement of 50 feet along the shoreline is proposed. • The Advisory Planning Commission held a public hearing on November 25, 2003, and recommended approval subject to the conditions listed in the Minutes. 120 Day Agency Action Deadline: • February 11, 2004 ATTACHMENTS (2): _ Advisory Planning Commission Minutes page(s) o?S~°2' ~S3 Planning Staff Report page~j~ hrough_ asi City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 14 F. PRELIMINARY SUBDIVISION - MICHAEL ~ KAREN STACK A Preliminary Subdivision (Sugar Bluffs) of approximately six acres to create four single-family lots, located at 4500 Thomas Lake Road in the SE %4 of Section 28. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated November 14, 2003. She noted the background and history. Applicant Mike Stack explained the history of the proposal. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Gladhill stated agreement with the proposal. He asked why the "L" shaped ending of the road, rather than a turn round. Mr. Stack explained that a regular turn around would cause more tree removal. Member Steininger stated approval of the proposal. Member Leeder also stated approval of the proposal. City Attorney Bob Bauer suggested an amendment to condition 8 to ensure the condition is acceptable to the City Attorney. Member Bendt moved, Member Leeder seconded a motion to recommend approval of a Preliminary Subdivision (Sugar Bluffs) of approximately six acres to create four single family lots, located at 4500 Thomas Lake Road in the SE %4 of Section 28 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: A1, B1, B4, C1, C2, D1, and E1 2. The property shall be platted. 3. 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. asa City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 15 4. The existing house on Lot 2 shall be connected to public sanitary sewer and water service with this development. 5. The developer shall be responsible for preparing and recording, with the final subdivision, appropriate documents establishing a homeowners' association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. The transfer of Outlot A to the homeowners' association shall be recorded with the subdivision. 6. The developer shall be responsible for providing a private easement to the gas company over the existing pipe line within the property. 7. The development shall be responsible for a cash trail dedication. 8. The developer shall create a fifty (50) foot wide conservation easement in a form acceptable to the City Attorney along the east and north shore of the development prohibiting development or the removal of vegetation within the easement. Said easement shall coincide with the setback from the OHWL except in that area forty-five (45) feet east and eighty (80) feet west of the westerly north/south property line between lots 1 and 2 where the easement shall coincide with the north line of the Bluff Impact Zone. Said easement shall be recorded with the property. 9. To ensure survival of preserved trees (on site trees # 78, 81, 83, 86, 87, 89, and 99), a longterm tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these large preserved trees. 10. An Individual Lot Tree Preservation Plan shall be required on Lots 1, 3, and 4 of Block 1 at the time of building permit application. 11. 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 and off-site (i.e. park trees). 12. 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. 13. A cash dedication in lieu of on-site water quality ponding shall be required for this development. All voted in favor. Motion carried 6-0. ~s3 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 14, 2003 APPLICANT: Michael and Karen Stack CASE: 28-PS-21-10-03 HEARING DATE: November 25, 2003 PROPERTY OWNER: Michael & Karen Stack APPLICATION DATE: October 29, 2003 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 4500 Thomas Lake Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single-Family Residential SUMMARY OF REOUEST Michael and Karen Stack are requesting approval of a Preliminary Subdivision (Sugar Bluffs), with a Variance to allow two lots without public street frontage, to create four lots and one outlot upon 5.58 acres located at 4500 Thomas Lake Road, north of Cliff Road and east of Thomas Lake Road, in the SE'/4 of Section 28. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. asy Planning Report -Sugar Bluffs November 25, 2003 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 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). 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." BACKGROUNDlHISTORY The property is unplatted. EXISTING CONDITIONS The site has lakeshore along Thomas Lake to the north and west. The property is wooded with some steep slopes along the lake. The east end of the property contains an existing single-family home that was built in 1957, and a detached garage. City park property adjoins the parcel to the north, and the northeast point of this site is highly visible from Thomas Lake Park. ~ SS Planning Report -Sugar Bluffs November 25, 2003 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Thomas Lake/Thomas P, Park P, Park Lake Park South Single Family R-1, Single Family LD, Low Density Residential Residential Residential East Thomas Lake/Single R-1, Single Family LD, Low Density Famil Residential Residential Residential West Thomas Lake PD, Planned Development RC, Retail Commercial Center/Thomas Lake MD, Medium Density Woods Condominiums EVALUATION OF REQUEST Compatibility with Surrounding Area -The proposed single-family development is consistent with the Low Density land use designation. With the park to the north, and large single-family lots to the south, this development appears compatible with surrounding development, and the developer has attempted to accommodate the unique physical characteristics of this site. Airport Noise Considerations -The subject site is outside of the airport noise policy contours. Densi - Of the 5.58 acres encompassed by the plat, some of that area is below the OHWL of Thomas Lake. The net site area, excluding the lake, is 3.5 acres. The four lots on 3.5 acres results in a net density of 1.14 units per acre. Shoreland Zoning -The property is located within the Shoreland Overlay District of Thomas Lake (DNR #19-67), which is classified as a General Development lake. The Shoreland Ordinance establishes standards for development which are to be applied in addition to the underlying or base land use zoning, in this case R-1 (Single-Family Residential). In the joint application of both base zoning and Shoreland zoning standards, the most restrictive regulations apply. The Shoreland zoning distinguishes between riparian and non-riparian lots. Lots 1-3 have some Lakeshore frontage and the riparian standards apply; Lot 4 does not have Lakeshore frontage so the non-riparian standards apply. Shoreland zoning standards apply to all lots within this development. The R-1 and Shoreland zoning standards are summarized in the following table. X56 Planning Report -Sugar Bluffs November 25, 2003 Page 4 Lot Size Lot Width Width at Shorelin Setbacks Building Height max. Lot Coverage (max. R-1 12,000 s.f. 85' N/A Front 30' 2 %2 20% bldg. Side: stories coverage 10' house area 5' garage Rear 15' Shoreland Avg. Size 75' N/A Determined by 35' 25% 12,000 s.f. applicable zoning impervious district rovisions surface This site contains significant areas of bluffs along the lake. A bluff is defined in the Shoreland zoning ordinance as a topographic feature where the slope rises at least 25 feet above the ordinary high water level, the grade of the slope from the toe of the bluff to a point 25 feet or more above the OHWL averages 30% or greater, and the slope drains toward the water body. The site plan and preliminary plat show both the bluff and bluff impact zone (within 20 feet of the top of the bluff) areas. No construction is permitted within bluff or bluff impact zones. The applicant is proposing no grading or new construction within the bluff areas or bluff impact zones. Lots -The four lots proposed range from 0.51 acres to 1.3 acres in area; Outlot A accommodates the private street which will provide access to all four lots. The City's subdivision ordinance requires that each lot have a minimum of 50 feet of frontage directly abutting on a public street. Lots 2 and 3 do not have such public frontage, therefore, a Variance is necessary to allow the subdivision as proposed with no public street frontage for Lots 2 and 3. While a public cul-de- sac could have been provided into this site, eliminating the need for the variance, the private street entails less land disturbance and minimizes tree loss while still providing the necessary access and turnaround for emergency vehicles. All of the lots satisfy the minimum 85 feet of width at the front building setback line. The existing house on Lot 2 will remain, each of the other~three vacant lots will be custom graded and built. Development on each lot is subject to the standards in the table above -- 20% maximum building area coverage, and 25% maximum impervious surface coverage, the lesser of 2-1/2 stories or 35' maximum structure height. Setbacks - A 40-foot setback from the Thomas Lake Road right-of--way is required. A minimum 50-foot setback from the OHWL of the lake is also required. No structure can be placed within a bluff or bluff impact zone. The minimum required front yard setback is 20 feet from the back of curb of the private drive, and minimum side yard setbacks are 10 feet for the house/living space and five feet for a garage. asp Planning Report -Sugar Bluffs November 25, 2003 Paee 5 Grading/ Topography -The preliminary grading plan is acceptable. The site is wooded with a small hill in the center of the site. Elevations range from 940 in the middle of the site to 906 along the shore line of Thomas Lake along the north, south and east edges of the property. The proposed private street area will be graded with initial development while the three new lots are proposed to be custom-graded at time of individual building permit. Storm Drainage -Storm drainage from the proposed private street and portions of the lots will drain to existing storm sewer system within Thomas Lake Road, with no additional storm sewer improvements necessary. The remainder of the storm water runoff from the development will drain directly to Thomas Lake. Wetlands/Water Quality -This proposed single-family subdivision is located in the City's B- watershed and immediately adjacent to Thomas Lake. Thomas Lake is one of the City's seven Class I-Direct Contact Recreation waterbodies, according to the Eagan water quality management plan. Thomas Lake is also Public Water #19-0067P, according to the Minnesota Department of Natural Resources, and the parcel is therefore classified as shoreland and subject to the City's shoreland zoning ordinance. The intent of the shoreland zoning ordinance is " ... to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for effective and efficient use of waters and related land resources." (City Code § 11.21, Subd. 1.) For classified shorelands, the code establishes a comprehensive set of land use requirements for lot and structure dimensions; types of structures; activities on steep slopes and for land disturbance; and types of developments. The presence of bluffs on this parcel is of particular interest. In Eagan, bluffs are relatively unique shoreland topographic features that rise at least 25 feet above the ordinary high water level and that have an average slope of 30 percent or greater. Specific provisions in the shoreland zoning ordinance address land use near and on bluffs. Because of the size and location of the parcel, this project is subject to requirements for stormwater quality. However, on-site treatment of stormwater is not practical due to topographic limitations and considerations of the shoreland overlay district. The developer is proposing a low-lying "rainwater garden" to collect and infiltrate some of the stormwater runoff of the site. In accordance with the policies the City has had in place since 1990, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with development of this site. Utilities -The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth, and capacity are available within Thomas Lake Road for connection by this development. The connections will involve the excavation of Thomas Lake Road. 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. The existing house on Lot 2 should be connected to public sanitary sewer and water service with this development. ~58~ Planning Report - Sugaz Bluffs November 25, 2003 Page 6 Streets/ Access -Street access is proposed via private street within Outlot A that intersects with Thomas Lake Road, a collector roadway. The properties within the development will be responsible for the maintenance of the private street. All lots will take access from the private street, and Lots 2 and 3 are proposed without public street frontage as required by City Code. Therefore, a Variance to the public street frontage requirement is necessary if the development is approved. Homeowners' Association - A homeowners' association will be necessary for shared ownership and maintenance of the outlot and private street. The developer shall be responsible for preparing and recording, with the final subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City Attorney's office prior to final subdivision approval. The transfer of Outlot A to the homeowners' association should be recorded with the subdivision. Easements/ Permits/ Right-of--Way - A private gas line pipe runs through the property in its southwest corner. The pipe line is not currently covered by easement. The developer should be responsible for providing a private easement to the gas company over the pipe line. Tree Preservation - A tree inventory submitted with this application indicates that there are one- hundred nineteen (119) significant trees in the inventory. Individual tree size and species break down is as follows: Species Avg. Diameter Dia. Range Count Percent of Total Oak 24" 6"-40" 90 76% Boxelder 18" 14"-31" 9 8% Conifer 10" 5"-23" 5 4% The balance of the tree inventory is comprised of willow, elm, black cherry, cottonwood, mountain ash, birch, aspen, and honey locust trees averaging 15" in diameter. The development as proposed will result in the removal of eleven (11) significant trees (9.2 % 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 40% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. In an attempt to maximize tree preservation, the applicant intends to preserve several large oak (and other species) trees adjacent to areas to be graded. The preliminary grading plan submitted shows proposed grade lines occumng inside the CRZ of several trees that are to be preserved on site (tree #78, 81, 83, 86, 87, 89, and 99). To ensure survival of these preserved trees, staff is recommending that along-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Staff is also recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these trees. No encroachment is to occur inside tree protection areas. ~s9 Planning Report -Sugar Bluffs November 25, 2003 Page 7 Parks and Recreation -The development shall be responsible for a cash trails dedication. In 2002, asub-committee of the Advisory Parks and Recreation Commission (APrC) conducted a review of remaining open space with the intention of identifying those parcels to be considered as a priority for acquisition or protection. The review included scoring individual parcels utilizing resource based criteria. The final report of the sub-committee was ratified by the full APrC in the fall of 2002. The parcel proposed for development is included on the priority list with the third highest score. The primary value of this particular parcel was determined to be its visual aesthetics and significant trees, especially along the shoreline ("protection of shoreland woods/views"). The scenic bluff, which includes many significant trees, is very visible from both Thomas Lake Park and Pilot Knob Road. It provides a natural buffer from the existing home and maintains the integrity of the shoreline. Because of the existence of a residence and the high value of the property, fee title acquisition by the City was considered unlikely. Under Section 11.21 "shoreland Zoning", much of the bluff is protected, with defined limits on development and the removal of vegetation. The existing home and those proposed are located outside of the protected "bluff impact zone" thereby preserving the integrity of the slope and the natural vegetation. However, because one of the criteria of defining a "bluff' is the existing grade there are voids or gaps within the protected area. For this reason the establishment of a conservation easement along the shoreline maybe appropriate. A 50-foot wide easement as defined by the required 50-foot setback from the Ordinary High Water Level (OHWL), except in the northeast corner where the line will coincide with the Bluff Impact Zone, will include over 50 significant trees and prohibit the removal of other vegetation except in the case of disease or storm damage. SUMMARY/CONCLUSION Michael and Karen Stack are requesting approval of a Preliminary Subdivision to create four lots and one outlot upon 5.58 acres located at 4500 Thomas Lake Road, with a Variance to create lots without public street frontage. Although the shoreland ordinance prohibits certain activity within bluffs and bluff impact zones, staff is recommending the establishment of a conservation easement along the shoreline to ensure future protection of that area in its natural state. Staff also recommends special protection measures for trees to be saved that maybe negatively impacted during construction. The proposed single-family development appears to respect the unique topographic features of the property and attempts to preserve existing trees and minimize disturbance to the site. A public street cul-de-sac could to serve Lots 2 and 3 could be accommodated; however, this would increase land disturbance and tree loss on this sensitive site. a~ Planning Report - Sugaz Bluffs November 25, 2003 Paee 8 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Sugar Bluffs), with a Variance to allow two lots without public street frontage, to create four lots and one outlot upon 5.58 acres located at 4500 Thomas Lake Road, north of Cliff Road and east of Thomas Lake Road, in the SE %4 of Section 28. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B4, C1, C2, D1, and E1 2. The property shall be platted. 3. 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. 4. The existing house on Lot 2 shall be connected to public sanitary sewer and water service with this development. 5. The developer shall be responsible for preparing and recording, with the final subdivision, appropriate documents establishing a homeowners' association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. The transfer of Outlot A to the homeowners' association shall be recorded with the subdivision. 6. The developer shall be responsible for providing a private easement to the gas company over the existing pipe line within the property. 7. The development shall be responsible for a cash trail dedication. 8. The developer shall create a fifty (50) foot wide conservation easement along the east and north shore of the development prohibiting development or the removal of vegetation within the easement. Said easement shall coincide with the setback from the OHWL except in that area forty-five (45) feet east and eighty (80) feet west of the westerly north/south property line between lots 1 and 2 where the easement shall coincide with the north line of the Bluff Impact Zone. Said easement shall be recorded with the property. 9. To ensure survival of preserved trees (on site trees # 78, 81, 83, 86, 87, 89, and 99), a long- term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these large preserved trees. 10. An Individual Lot Tree Preservation Plan shall be required on Lots 1, 3, and 4 of Block 1 at the time of building permit application. ~6/ Planning Report -Sugar Bluffs November 25, 2003 Page 9 11. 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 and off-site (i.e. park trees). 12. The applicant shall contact the City Forestry Division and set up apre-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. 13. A cash dedication in lieu of on-site water quality ponding shall be required for this development. a6~ STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 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-0f-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 All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. a~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. 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. Penmits 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 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 Approved: August 25. 1987 City Council September 15, 1987 Revised: July 10. 1990 Revised: February 2, 1993 LTSpS STANOARO.CON ~65~ FINANCIAL OBLIGATION-Sugar Bluff Preliminary Subdivision There are pay-off balances of special assessments totaling $-0-on the parcels proposed for platting. The pay-offbalance 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 Sanitary Sewer Lateral S.F. $24.00/F.F. Water Lateral S.F. 24.25/F.F. Storm Sewer Lateral S.F. 26.30/F.F. Storm Sewer Trunk S.F. .0925/Sq.Ft. Street S.F. 66.55/F.F. Total Connection charge rates are subject to change effective 1/1/04 QUANTITY AMOUNT 430 F.F. $10,320 430 F.F. 10,428 400 F.F. 11,309 81,241 Sq. Ft 7,515 430 F.F. 28,616 $68,188 ~~s- Location Map ~ Eagan Boundary • ,` Sheet centerline Parcel Area ` j ~ :~ Building Footprint ~ -' , Development/Developer: Sugar Bluffs Application: Preliminary Subdivision Case No.: 28-PS-21-10-03 Map Prepared uslnq ER51 McVlew 3.1. Parcel base map data provldetl N / Ey Dakota County OHlca of GIS and is current as of June 2003. / ' THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E city of eagan The Gity of Eagan and Dakota County do not guarantee the accuracy of this information and ars S commurdty Development Department not responsible for errors or omissions. 1000 0 1000 2000 Fezl Current Zoning and Comprehensive Guide Plan Sugar Bluffs Land Use Map Case No. 28-PS-21-10-03 Zoning Map P P PD P ~ Current Zoning: R-7 PD Single Family Residential PD PD R-1 -1 PF PD iD0 D a0D 7800 F..l ~ ~~~ ~--~-~-~ ~ 1 ^ ~~ I 1 7~ 1 11-1 ~-~'~}L Comprehensive Guide Plan P Land Use Map D I HD Current Land Use Designation: MD LD MD ~,p tow Density Residential (O-4 units/acre) O Rc LD LD RG 4P .. 000 0 B00 120D F..t 3 ~ 1'~ / ' 7~ P Paresl Wsa map IMO 1 no previd ~ D¢co Land Survy D.partmoh Juno 2D07. N ZeNng IMonn aintaMad byCky Stag City of Eagan ~ W E t THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Depanynent The ~~ ~ Eagan and Dakota Coolly do no! guarantee the accuracy of this information. S Y ~ gg . S o ^'6 ~ ~ ~ s ~ ¢ a~ .a W Wo: ~ W ; _~~ ~ g ~ ~ m 7 ' ~ ~ '~ i3N5 g o 'X 3 ~ ~ Y ~g 3 o ~ 1 r~T_ 9 ~ S I t _~ ~ ~8 E ~ y ~ } ~_~ ~' W W d n V .. ~ ~ ; '~ :Ylg€~~ W~x ~x s oog ~~fs g g€ g a ~ _~__~I ' L~~~ Jas ~~~ x ~~ ~ / / ~~` R S'r •x \ 1j Y y ~ ~ ~// ' i ~ J ~ r z FIC~~ - ~ ~ t C W Q ' 1 ~. %' ~'~ o r~ = ~ `~\;~ Sc W 00 Ofd ' ~ N { ` ~ VIII _~ ~~ ~ of i 't~~tT ~1 ~ ~ _` ~~ ~ ~ -~`,, ~' I ~ ~ I ~,'1 ~9~~6 ~ il6 ~ \ k~ ~- ~9~a ~ \ ~ ~~ ~ I ~~~~/ 811 J-- '\ \ ~~ ~J L^ c~ u 6 I ~ (/ I ~~ a 91 ~ a\ I ~ ••~ 016 L ~ I ~ r \ ~ yb\ ~n I' I PP FEE ~ . I 91 I -928 ~t ~~ ~- - ~ - S 'r. ~ ~ - : a - ~ . ~r ~~ N ~ __ ~ B16 ors - ~i_ _ d~ _ ~T *f~ia / _ _ at6 - - ~ - ~ i T / ~ ~ ' __ _~ __ t,~ Iii i .I. i I . I i tit I.. 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JV~ , V 2 _- :~ :~ .~ • i ,- ._. -~- t~ ~' a~ a =3 i3~ ~ i W ~; ~~~' e ~~ _ S g `! eE i] .t: ;, r;~` ~, < ~ ` I 7~j _z y ~ : ~ i ~, ~ _ ~ r-- dot i~ _ ~ ~:3 ~ *!3 ~Ii _ _ _ _ - 1 I IHfIHHIH11~fIIfflNgttlNN&If6A11plgtlttflmitlttltllmltHitt111HIfNItNI~1tltHIININ~HIiHIHII~IIIHHfINfI1~INtINtIHtllfiHfltiHH~l~fiMHl ~ ~,,-, ;,,.-: ;,=- si QY02f / ,~JlY7 ~~ S4'7YOXl B LnsL^oN - ~ - - - . i. i i . J _1 ~ 1 __ I,~ Imo! i r i I.. 1~~ 1.1 ~~ 1~~ ~~. ~ 1.. ~~ ICI ^~~. ~. ;~1 1`, -. ~/ 1~J 11 ., ICI 1~1 .~ I ~~; 1, ~~~ 1` .1, I 1~ i ~~~ 1~ ~~ 1~ ~ PRELIM. PLAT .~~.. ~ ~ ~3 s ~2`2 :Y Z C = _M W cdc .y.ZL~ ~C7V ZJ ,W AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 16, 2003 a~,(a I. CALL TO ORDER a76 II. p ADOPT AGENDA a7~ III. APPROVE MINUTES IV. OLD BUSINESS ,n ~8 0 A. Resolution Approving Amended and Restated Development ~I" Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation -Continue to December 16, 2003 V. NEW BUSINESS ~~g,? A. Receive Report and Set Public Hearing to Consider a Resolution Approving Amended and Restated Preliminary Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and United Properties on January 6, 2004 a~'~ VI. OTHER BUSINESS a~ VII. ADJOURNMENT a~S Agenda Information Memo December 16, 2003 Eagan Economic Development Authority Meeting I. CALL TO ORDER ACTION TO BE CONSIDERED: To recess the regular City Council meeting and convene a meeting of the Economic Development Authority. II. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. III. APPROVE MINUTES ACTION TO BE CONSIDERED: 1. To adopt a resolution approving the minutes of the December 1, 2003 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page J~~`~`~ is a copy of the minutes of the December 1, 2003 EDA meeting. • Enclosed on pages ~z~l is a copy of the resolution approving the minutes of the December 1, 2003 EDA meeting. ~ ~6 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota December 1, 2003 A meeting of the Eagan Economic Development Authority was held on Monday, December 18, 2003at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary /Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the November 18, 2003 EDA meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION Commissioner Maguire moved, Commissioner Tilley seconded a motion to continue consideration of a resolution approving an amended and restated development agreement relating to Tax Increment Financing District No. I between the Eagan Economic Development Authority and U.S. Home Corporation to the December 16, 2003 meeting. Aye: 5 Nay: 0 NEW BUSINESS RESOLUTION ACKNOWLEDGING THE EDA REGULAR MEETING SCHEDULE AND ADOPTING A PROCESS FOR CANCELLATION OF MEETINGS Executive Director Hedges discussed the proposed process for cancellation of meetings. Councilmember Tilley moved Councilmember Maguire seconded a motion to adopt a resolution acknowledging the EDA regular meeting schedule and approving a process by which meetings maybe cancelled. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Fields moved, Corrunissioner Tilley seconded a motion to adjourn the meeting at 8:30 p.m. Aye: 5 Nay: 0 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. a~~ 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. a~~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE DECEMBER 1, 2003 SPECIAL MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the December 1, 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 regular meeting thereof assembled this 16th day of December, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director any Agenda Information Memo December 16, 2003 Eagan Economic Development Authority Meeting IV. OLD BUSINESS A. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT N0.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION ACTION TO BE CONSIDERED: To continue adoption of a Resolution Approving The Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation to a future EDA meeting. FACTS: At the Request of Delta Development, Inc. the EDA has adopted a resolution approving the assignment of the Development Agreement with Delta Development, Inc. ("Delta") relating to Tax Increment Financing District No. 1 in Cedar Grove Redevelopment Project to U.S. Home Corporation, which operates locally as Orrin Thompson Homes. In addition to the assignment of the development rights and obligations, U.S. Home Corporation has requested changes to the Development Agreement that presented at a Special City Council meeting on September 9, 2003. At its meeting of October 21, 2003, the EDA approved modifications of the architecture and finish materials from the design and finishes which were included in the Delta approvals, a shift of a small portion of the development from Phase 3 to Phase 2 and an extension of the performance timelines of one year to take into account the delay between the original Delta approvals and the current request for modifications. U.S. Home has requested that costs associated with acquisitions for subsequent phases of the development be addressed in the current agreements. Under the Delta approvals, those issues were to be addressed when the developer was prepared to move forward on those phases. To address these issues, which primarily relate to the overall cost of acquisition and clearing of properties within the development area, U.S. Home requested and the City Council authorized the preparation of a Phase I environmental review on those properties. U.S Home agreed to pay the costs of the review and that work is ongoing at this time. ~ 8U Agenda Information Memo Page 3 December 16, 2003 Eagan Economic Development Authority Meeting Old Business • The final negotiations regarding the allocation of acquisition and preparation costs between the City and the developer have been on hold until the studies are complete and the likely costs are known. The studies have been received and negotiations regarding the final aspects of the TIF development agreement are in progress, but have not been concluded. • Because negotiations regarding the acquisition and clearance costs are not complete, it is recommended that the Council continue action on the amended and revised agreement. • In addition to the assignment and amendment of agreements, a number of development steps remain prior to construction of the project including satisfaction of Dakota County requirements for remediation of remaining environmental issues and application for and completion of Final Subdivision and Final Planned Development approvals. These can be processed concurrent with the other agreements, but are not complete at this time. • A meeting with representatives of US Home and Delta Development is scheduled on Tuesday morning, December 16, 2003. If appropriate, staff will provide a brief update to the Council regarding the outcome of the meeting on Tuesday evening. asp Agenda Information Memo December 16, 2003 Eagan Economic Development Authority Meeting IV. NEW BUSINESS A. RECEIVE REPORT AND SET PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT N0.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES ACTION TO BE CONSIDERED: To schedule a public hearing on January 6, 2004 to consider a Resolution Approving the Amended and Restated Preliminary Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and United Properties. FACTS: • The EDA previously entered into a preliminary development agreement with United properties for the redevelopment of Cedar Grove Redevelopment District Subarea 1 B, in the northeast corner of the Cedar Avenue-Hwy 13 interchange. • United has entered into a purchase agreement to acquire the Sill property, which makes up the easternmost parcel within Subarea 1 B. Before closing on this property in mid-January, United has requested consideration of modifications of the preliminary development agreement to extend the performance timeline and more formally commit the City to the sale of the City owned parcel in Subarea 1 B to United if they are able to bring a development proposal forward. The City owned parcel lies along the south and west sides of the subarea. • In reviewing the proposal, staff and the consultants believe that the proposed changes are in order for consideration, provided that the City retains a means of modifying the agreement in the future, if an alternative development plan is presented. Therefore the proposed amendment would include a clause permitting the City to buy the Sill property from United for its actual acquisition cost plus carrying costs. • A public hearing is required under law to consider an amendment of this kind. Therefore, preliminary information concerning the proposed amendment is presented at this time and it is proposed that a public hearing be scheduled to consider the amendment at the EDA meeting on January 6, 2004. a8~ Agenda Information Memo December 16, 2003 Eagan Economic Development Authority Meeting New Business ATTACHMENTS: / • Ehlers and Associates memo on pages ~ '~ • Redevelopment District and Subarea Map on page o~ ~ d'3 C.. Ili' (i,~ ]~{lrf7/7 1 3L'Gi 771()E'1" 11, _'(1(1_i & ASSOCIATES INC O To: Jon Hohenstein, City of Eagan From: Jim Prosser, Ehlers Associates Subject: Amendment to United Properties Preliminary Development W Agreement Date: December 11, 2003 Brian Carey, Vice President of United Properties, has requested an amendment to their existing preliminary development agreement with the City of Eagan. The current agreement provides United Property the opportunity to develop specified areas (City owned parcel, the Sill parcel and the Brad Ragen site) of the Cedar Grove area. The major elements of the agreement include: ^ United Properties commitment to market the property for specified uses (255,000 square foot class "A" office building. Building design to be consistent with City design guidelines. (The final design cannot be prepared now. Class "A" user will want a "signature" building custom to their needs. Therefore design will occur after identification of a tenant.) ^ City of Eagan commitment to sell the City owned parcel. ^ City agreement to assist with land acquisition if needed. ^ City agreement to provide public financial assistance to the extent needed and possible. This determination is expected to be made at such time as United Properties has a firm user and proposal. ^ Agreement that United Properties with City could be terminated to permit development by another developer if another developer proposes a use consistent with City goals and United Properties is unable to match the proposal. ^ Agreement contingent on land use and regulatory approvals. That is to say that the City was not granting specific land use "pre-approvals". ~; Jim Prosser, C1PFA (651) 697-8503 Fax: (651) 697-8555 Executive Vice PresidenUDirector jim@ehlers-inc.com 3060 Centre Pointe Drive http://www.ehlers-inccom Roseville, MN 551 1 3-1 1 05 a~Y C.'iiy Uf`lc~frrr79 1;)cer rt2l~tr/~ .l.C. 2~1i13 The City's established development goal for this parcel is a class "A" office and/or a full service hotel. There is general agreement that the market does not currently exist for either of these uses. Given these circumstances the strategy of the City has been to "partner" with a developer to market the site for the intended use. Because of the over-supply of existing class "A" office and full service hotel sites and buildings, the strategy of partnering with a leading developer, it was expected that a longer term commitment would be appropriate. Since the agreement was executed, United Properties has marketed this site to a variety of potential users. In addition, at the request of the City, they have initiated efforts to gain control of the parcels not owned by the City. Recently they have reached agreement with the Sill parcel. That agreement is contingent on the ability of United Properties to reach agreement with the City on amendments to the existing preliminary development agreement. Those amendments address the following issues: 1. United Properties to acquire Sill Property. 2. City will provide an option to United Properties to purchase City owned parcel at market value to be determined on the basis of market conditions at time of development. This value may be reduced, if necessary, to make the project financially feasible. The analysis to determine the need and extent of any reduce value will be made at the time of proposed development and will be based on providing the developer with a reasonable rate of return for the project investment. 3. The determination of the level of any assistance (including land value write down) will be made solely at the discretion of the Eagan EDA at the time of development. 4'. An extension to existing agreement from April 1, 2010 to April 1, 2012. 5. The City will have a right to purchase the Sill property from United Properties at the purchase price of United Property plus holding costs. Holding costs will include property taxes, special assessments, out of pocket marketing costs and interest on costs paid by United Properties. Entering into this agreement with United Properties will improve site control and increase the feasibility of achieving development goals. The request for an extension provides a reasonable balance between the needs of the developer and the ability of the City to assure targeted development. tti j ___ _ _ 3060 Centre Pointe Drive Koseville, MN 55113-I 105 Page 2 of 2 «Phone» Fax: (651)697-8555 «Email Address» http://www. ehl ers-inc. com o?gS '~ V a '% C ~ ~ o a~ ~a ~ d ' f a *' °' V ~ 'i o ,~+ ~ Vl ~ ~ A ~ ~ v •~ O d 0 ,`/ r` H O 0 L a I t `~ A r o ~ ~ '~ \/ ~ ,80 ~' \/ ~ ' I v ~ `, ~ - T-i i ~ ~ ~~ `~ - o r r~ :- ~ ~ ~. I ,. -r' ~~~ ~. A ~ ., ~ i _ _ _ _ ~ ~ ,.~ i ._ i ~~ _ _ ~ i i _1 ~ a. - ~ __ ~ ~. - ~ ~ r I I ~ ,. i ~ ! `t ~'y i I i ,- i ~ ~~ ~. - ' ~ ~. e. ~ > ' ~ ;, ~ ~ ~ i I I E ~, 3 ~ . . \ t 1 _ i ~' ~ ` a ' ~ ~~ \\`~ `` ~ 1\" ~ ~ # ~ yea-- - _ - ,, R: ~ w , ~ ; ;~~~~ ~ ~v ,~ „` ~ ~ l a '\~-~~ v f 1 r--' ~ ~ ; / \~ /~~~~~~ ~ {fir ~> 1 ~ ,.. -. , ,. ~_ . (~~ \ ~ ~ ~.~., i ~ r ,,. , I ~ ~ ~ / 5 _ \{v' ( ` ~~ ~ ~ ~/ i ~ ~~ ... ~~'1 - - '~ ~l <. ~ti I ~ _ m ~ , ~ ~~~ a~ 30: ~ \ `~ .. _. 'I I - - k { ~T3 ~ .~ ~' !~ fi ,,- \0 !i / / i ~ \Y\ f I ~ \ Y/ t ~ ~~ ~~ i _... . 1~ ~ . '~ ~£ ~, ,. ~M ~~. i ': v ,s ~~v "~ / i Pie __ ~~. u J ~ _ .. -y , a~ Agenda Information Memo December 16, 2003 Eagan Economic Development Authority Meeting VI.OTHER BUSINESS There is no other business to come before the EDA at this time. VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. a g~