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09/21/2004 - City Council Regular t AGENDA EAGAN CITY COUNCIL - REGULAR MEETING / EAGAN MUNICIPAL CENTER BUILDING September 21, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA D ;t A. APPROVE MINUTES B. PERSONNEL ITEMS P„ C. CHECK REGISTERS D. AUTHORIZE Early Expenditure of Civic Arena Capital Funds E. APPROVE Student Membership Promotion at Eagan Community Center ?I If F. APPROVE Temporary On-Sale Liquor License for Faithful Shepherd Catholic School /p 5'G. AUTHORIZE the Preparation of Ordinance Amendment to Chapter 11, Section 11.70, Subd. 21 (D). 7 to allow detached V trash enclosures in the Public Facility (PF) Zoning District 1917H. APPROVE Change Order No. 1 for Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55 - Street Improvements) pp- jS'I. APPOINTMENT of Northeast Eagan Study Advisory Committee 26J. AUTHORIZE Preparation of Ordinance Amendment to Chapter 11, Section 11.40 to modify the non-conforming use section to be in line with State Statute f ~WK. ADOPT Findings of Fact for Denial - Variance - Daniel & Michelle Lodahl L. AUTHORIZE Letter of Support for Draft Dakota County 2005-2009 Capital Improvement Program PUBLIC HEARINGS p3YA. PROJECT 893, Final Assessment Hearing - Diffley Frontage Roads (Street Overlay) 4 jB. PROJECT 895, Final Assessment Hearing, Lake Park Shores / Thomas Lake Additions (Street Overlay) C. PROJECT 896, Final Assessment Hearing, Lakeside Estates (Street Resurfacing) P61 D. PROJECT 897, Final Assessment Hearing Wilderness Parks 2 & 3" Additions (Street Resurfacing) 7/E. VACATION of Public Drainage & Utility Easement ( Lot 4, Block 5, Pines Edge 1 n Addition) VI. OLD BUSINESS p? 2 A. RECONSIDER PRELIMINARY SUBDIVISION -Evergreen Enclave -Epic Development VII. NEW BUSINESS ~j %A. PRELIMINARY SUBDIVISION - EPIC DEVELOPMENT - Wetland Replacement Plan and Preliminary Subdivision (Sycamore Place) of approximately six acres to create nine single family lots, located on the, Eagan/Inver Grove Heights border at the north end of Sycamore Drive in the SE'/, of Section 36. P/6~8. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - MAX STEININGER, INC. - A Rezoning of approximately five acres from A, Agriculture to PD, Planned Development, a Preliminary Subdivision (Clubview Addition) to create two lots and a Preliminary Planned Development to allow an existing home, contractors yard and a new office building, located at 3070 Lexington Avenue in the NW of Section 11. VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE "X. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA XI. ECONOMIC DEVELOPMENT AUTHORITY * The Council acting as the Board of Commissioners of the Economic Development Authority ("ERA) may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. 131 A. CALL TO ORDER n /3/ B. ADOPT AGENDA n 131 C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS /3!5'1. Public Hearing for the Consideration of the Sale of the Lachenmeyer Property in the Nicols Ridge Development Area in the Cedar Grove Redevelopment District to US Home for Redevelopment Purposes f139 2. MEMORANDUM OF AGREEMENT between the City, the EDA and United Properties regarding the Recording of Documentation concerning the Parties' Predevelopment Agreement for Property in the North Sub-District of the Cedar Grove Redevelopment District F. OTHER BUSINESS pffl'l. Redevelopment District Update p/Y V. ADJOURNMENT XIL OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. r I L: MEMO city of eaW MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 17, 2004 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 21, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 21, 2004 City Council agenda, the following items are in order for consideration. l Agenda Information Memo September 21, 2004 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 September 7, 2004 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 7, 2004 regular City Council meeting are enclosed on pages 3 through g MINUTES OF A REGULAR MEETING OF THE DIP., 14cir EAGAN CITY COUNCIL Eagan, Minnesota September 7, 2004 A Listening Session was held by the City Council in the Eagan Room at 6:00 p.m. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 7, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were Administrative Services Director Gene VanOverbeke, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS 2004 FIRE DEPARTMENT ROOKIE CLASS Fire Chief Kriha introduced the 2004 Fire Department Rookie Class and discussed their on-going training. CONSENT AGENDA Consent Agenda item H was moved to the Administrative Agenda for discussion. Councilmember Carlson 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 August 17, 2004 regular City Council meeting, the August 24, 2004 special City Council meeting, and the August 10, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Katie Gerloff as a part-time seasonal preschool program assistant. 2. It was recommended to approve the hiring of two persons to be recommended as Park Maintenance Workers. 3. It was recommended to accept the resignation of Marilyn Wucherpfennig, Planning Aide in the Community Development Department. 4. It was recommended to approve the change in status of the Accounts Payable Clerical Technician position from full-time status (40 hours/week to part-time status (34 hours/week). C. Check Registers. It was recommended to ratify the check registers dated August 19, 2004, August 26, 2004 and September 2, 2004 as presented. D. Depository Services Resolution. It was recommended to approve Depository Services Resolution authorizing the Mayor and Chief Financial Officer/Treasurer to continue to be signers on the City's US Bank accounts. E. Acceptance of Donation. It was recommended to accept a $1,000 donation from Dennis Fox for the purchase of equipment for the City's water rescue boat. F. Tree Contractor License. It was recommended to approve a Tree Contractor License for Green Leaf Tree Service, Inc., 1102 41' St., St. Paul, MN. G. Tobacco License. It was recommended to approve a Tobacco License for The Metro Group of MN, LLC (Shell Station) at 1650 Diffley Road. H. Scope of Work and Cost Proposal Moved to Administrative Agenda 1. Extension for Recording Plat It was recommended to approve an extension to record the Final Plat for Central Maintenance Addition, located south of Yankee Doodle Road at Coachman Road. 3 Eagan City Council Meeting Minutes DR A 7, 2004 q F T Page 2 I J. Assessment Agreement - Project 790R. It was recommended to approve an assessment agreement with Northwest Airlines for Project 790R (Central Parkway - Storm Drainage) and authorize the Mayor and City Clerk to execute all related documents for recording at the County. K. Contract 02-15B. It was recommended to approve the final payment for Contract 02-15B (Community Center - Site Work Improvements) in the amount of $53,176.96 to Frattalone, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Contract 03-04. It was recommended to approve the final payment for Contract 03-04 (Gift of Mary- Street and Utility Improvements) in the amount of $27,110.83 to SM Hentges, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Contract 04-02. It was recommended to approve the final payment for Contract 04-02 (Citywide - Street Overlay Improvements) in the amount of $26,487.80 to Northwest Asphalt, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. N. Contract 04-04. It was recommended to receive the bids for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street Improvements) and award the contract to Max Steininger, Inc., for the Base Bid in the amount of $1,289, 124.00, and authorize the Mayor and City Clerk to execute all related documents. 0. Project 874. It was recommended to receive the Final Assessment Roll for Project 874 (TH 55 North Frontage Road/Gift of Mary - Street and Utility Improvements) and schedule a public hearing to be held on October 5, 2004. P. Project 894. It was recommended to receive the Final Assessment Roll for Project 894 (Coachman Land Company, Century Pointe, Donald Court - Street Overlay) and schedule a public hearing to be held on October 5, 2004. Q. Project 898. It was recommended to receive the Final Assessment Roll for Project 898 (Terminal Drive - Street Overlay) and schedule a public hearing to be held on October 5, 2004. R. Changer Order #1, Contract 04-0. It was recommended to approve Change Order #1, Contract 04-07 (Lexington Ridge Court - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. S. Easement Vacation. It was recommended to receive the petition to vacate public easements within the Imre / Robert O'Neil Homestead / Robins Additions and schedule a public hearing to be held on October 5, 2004. T. Placement of Snoop S~ tatue. It was recommended to authorize the placement of a Snoopy statue inside the Eagan Community Center. U. Final Plat. It was recommended to approve a Final Plat (Herriges-Eagan Addition) to create one lot for three separate properties, property ID numbers are: 101680001203, 101680001103, and 101680001303 located in the NW of Section 17. PUBLIC HEARINGS VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT LOT 5, BLOCK 1, ROYAL OAKS Administrative Services Director VanOverbeke introduced this item regarding the vacation of a public drainage and utility easement at 927 Wild Rose Court. 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 Fields moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of public drainage and utility easement on Lot 5, Block 1, Royal Oaks (927 Wild Rose Court) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE - DANIEL AND MICHELLE LODAHL Administrative Services Director VanOverbeke introduced this item regarding a request for a 4.5% variance to the 20% maximum building coverage in an R-1, Single Family Residential Zoning District located at 1361 Grace Drive. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes September 7, 2004 /r /q 1 Page 3 Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Discussion was held regarding a previous variance request, made by the developer of the property, which was denied for lack of demonstrated hardship. Councilmembers agreed the house proposed for the subject lot is too large and does not warrant a variance based on hardship. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct Findings of Fact for Denial for a 4.5% Variance to exceed the 20 percent lot coverage for Lot 8, Block 1, Marcella Woods Addition, located at 1361 Grace Drive in the SW of Section 34. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY 2005 GENERAL FUND BUDGET AND TAX LEVY Administrative Services Director VanOverbeke discussed this item regarding the 2005 General Fund Budget and Tax Levy. It was noted that the City Council had reviewed the proposed budget and property tax levy at a Special City Council meeting on August 24, 2004. A brief discussion was held. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the preliminary payable 2005 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund $17,168,300 Major Street Construction Fund 1,131,802 Equipment Revolving Fund 821,261 General Facilities Renew/Replace Fund 121,551 Market Value Homestead Credit 1,300,000 Subtotal - General Revenue levy 20,542,914 Community Center bonds debt service 1,204,823 Cedarvale Special Services District 2,000 Total levy $ 21,749,737 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary General Fund expenditure budget, including contingency, of $22,950,400. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to set the initial Truth-in-Taxation hearing date for Monday, December 6, with a continuation hearing date (if necessary) of Monday, December 13. Aye: 5 Nay: 0 Councilmember Fields moved Councilmember Tilley seconded a motion to change the date of the second regular City Council meeting in December from December 21 to December 13. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - ROSEVILLE PROPERTIES Administrative Services Director VanOverbeke introduced this item regarding a request for a Conditional Use Permit for a 10,000 gallon above ground tank and a Conditional Use Permit for outdoor storage of various construction materials at 2955 Eagandale Boulevard. City Planner Ridley gave a staff report. Hugh Cullen, Roseville Properties, discussed the proposed outdoor storage, stating it will be seasonal. He also discussed the use of the proposed above ground tank. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for a 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park subject to the following conditions: Aye: 5 Nay: 0 S Eagan City Council Meeting Minutes September 7, 2004 RA F T Page 4 I' Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outdoor storage of various construction materials on Lot 17, Block 4, Eagandale Center Industrial Park 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, and proof of recording submitted to the City. 2. All outdoor storage materials and location shall be limited to the items and location shown on submitted plan dated August 17, 2004. (Concrete block, oil tank and assorted rebar) 3. The above ground tank shall be placed at the specified location on the site plan dated August 17, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. Landscape material as proposed on submitted site/landscape plan dated August 17, 2004 shall be installed no later than June 1, 2005. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. 7. The outdoor storage shall not exceed nine feet in height. REZONING AND FINAL PLANNED DEVELOPMENT - JEWISH COMMUNITY CENTER (CAMP BUTWIN) Administrative Services Director VanOverbeke introduced this item regarding a rezoning of approximately 84 acres from P, Park to PD, Planned Development, and a final planned development to memorialize the existing site conditions and future plans as part of a Camp Butwin Master Plan for the 84 acre site located off of 120'' Street, within the Lebanon Hills Regional Park. City Planner Ridley gave a staff report. Brian Larson, representing the applicant expressed their opposition to payment of the existing trunk area storm sewer assessment obligation. Discussion was held by Councilmembers and staff regarding the condition of satisfying the existing trunk area storm sewer assessment obligation prior to the issuance of a building permit. The option of a payment agreement regarding the assessment was also discussed. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning of approximately 84 acres from P, Park to PD, Planned Development for property located off of 120'h Street, within the Lebanon Hills Regional Park in the south half of Section 35. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to memorialize the existing site conditions and future plans as part of a Camp Butwin Master Plan for the 84 acre site located off of 120'' Street, within the Lebanon Hills Regional Park in the south half of Section 35, subject to the following conditions. Aye: 5 Nay: 0 1. The property shall be platted prior to occupancy of any new construction. 2. The applicant shall enter into a Final Planned Development Agreement with the City. Said agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations Plan 3. Development shall reasonably align with the following phasing schedule and without substantial deviation from the plan submitted: Phase 12004-2005 • Remove existing Main building • Construct two-story Lodge Building 5,160 SF per level - 10,320 SF total • Construct two-story Retreat Center/Dormitory 2,460 SF per level - 4,920 SF total • Construct new 85' diameter turn around area for vehicle drop-off and emergency vehicle access • Road improvement from caretaker's house to new turn-around area 4~~ Eagan City Council Meeting Minutes September 7, 2004 R e r Page 5 ' 1 T Phase II - Next five years • Replace existing caretaker's house and garage, connect to new septic system Phase III - Next ten years • Parking area improvements, road improvements from caretaker's house to 120`x' Street Phase IV - Next five to ten years • Recreation field improvements and new Recreation building; associated small gravel parking area; remove pole shed and concrete slab • Stable and Corral improvements; remove existing sheds and buildings, replace with new Stable building Phase V - Next five to fifteen years • Remodeling Villages 1 - 4 with toilet, storage additions and septic system upgrades • New Nature building and Arts and Crafts building Phase VI - Next five to twenty years • Trail expansion and interpretive areas development • Beach, boating and dock improvements 4. The Master Plan build shall not result in an impervious surface exceeding 2.5%. 5. All new building development associated with the Master Plan shall be located outside of the 150' OHWM setback except for toilet additions to villages 1,2, and 4. 6. The Lodge and Retreat Center buildings exterior treatment shall include rockface block at lower walkout levels, stained wood and cement-fiber board siding at the main level, and stained cedar shingles at gable sides walls; log framing at porches and decks, wood decks, Timberline textured shingles, aluminum clad wood windows and doors. 7. All future phase buildings associated with the Master Plan shall incorporate the same material palette. 8. The applicant shall be responsible for satisfying the existing trunk area storm sewer assessment obligation in the amount of $115,497 or reach a payment agreement with the City prior to issuance of a building permit. 9. The applicant shall install tree protection fencing to protect trees near construction areas. 10. With the history of oak wilt within the camp, the applicant shall exercise extreme caution when performing any construction activity near existing oak woodlands. It would be best to perform construction from September to March to avoid creating new oak wilt infection areas. ORDINANCE AMENDMENT - CITY OF EAGAN ZONING MAP UPDATE Administrative Services Director VanOverbeke introduced the following item regarding an Ordinance Amendment updating the zoning map of the City. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the publication of the Zoning Map of the City of Eagan, Minnesota, pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.50 Subd. 5 of the City Code, incorporating all approved rezoning since the last map publication, administrative changes, known map errors, and MSP Noise Exposure Zones. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN CHAPTER 11, SECTION 11.60 - NONCONFORMING BUILDING AND USES Eagan City Council Meeting Minutes DRAFT September 7, 2004 Page 6 Administrative Services Director VanOverbeke introduced this item regarding a proposed Ordinance Amendment to delete the nonconforming building and uses section specific to the CGD-Cedar Grove District zoning district. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt an Ordinance Amendment deleting Chapter 11, Section 11.60, Subdivision 21, K, Nonconforming Buildings and Uses section from the CGD District and direct the City Attorney's office to publish the amendment in the legal newspaper. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE Administrative Services Director VanOverbeke provided an update on the Caponi Property Acquisition. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE Administrative Services Director VanOverbeke discussed proposed correspondence to the Metropolitan Airports Commission with comments on the proposed Part 150 document. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve comments to the Metropolitan Airports Commission on the proposed part 150 Document. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Scope of Work and Cost Proposal, Northeast Eagan Land Use Study Discussion was held regarding proposed cost and payment source for the study. The "Study Advisory Committee" was discussed in regard to potential members. It was also noted that Laukka-Beck should be included in interviews of stakeholders within the study area. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the scope of work and cost proposal of Hoisington-Koegler Group, with Ehlers and Associates and SRF as subcontractors to perform the Northeast Eagan Land Use Study. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:20 p.m. Date Administrative Secretary / Deputy 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. 8 Agenda Information Memo September 21, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Guest Services Representative/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Jessie Esselman as a part-time guest services representative at the Community Center. Item 2. Seasonal Landscape Crew/Fall 2004-- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Hotz, Will Lawler, Rebecca Newhouse and Tyler VondeLinde as seasonal landscape crew for the fall of 2004. Item 3. Personnel Policy Revision/Smoke Free Workplace Policy ACTION TO BE CONSIDERED: To approve additions/revisions to the City's Personnel Policy/Smoke-Free Workplace Policy Section, which will prohibit employees from smoking in any City vehicles or next to air intake equipment. FACTS: ■ The current Smoke Free Workplace Policy allows limited smoking in City vehicles. ■ In order to improve workplace and working conditions, especially those involving health, hygiene, and service to the public, staff is recommending that smoking be entirely prohibited in City vehicles and also next to air intake equipment.. ATTACHMENT: Attached on page/0 is a copy of the proposed revisions. 9 SECTION THIRTY-THREE SMOKE FREE WORKPLACE POLICY 33.1 All City buildings and vehicles, in their entirety, shall be designated as Smoke Free, meaning that no person will smoke tobacco or other substances while in such City facilities and vehicles. 33.2 Employees may not smoke tobacco or other substances directly outside the front door of any City building during daylight hours. The Eagan Municipal Center has three "front" doors: the main entrance on the south side of the building, the upper level entrance on the east side of the building, and the police entrance on the east side of the Police wing. 33.3 Employees may not smoke tobacco or other substances directly outside the lunchroom door at the Eagan Municipal Center next to the air intake equipment at any time. 33.34 Smoking is not allowed in any City vehicle. where n non smeker- is present. if there _ffieker- present, smoking is epAy allowed if all peFsens en te E2 33.5 Supefviser-s will a4effTt, where possible, to sehed-ule vehieles used by mer--e 33.65 Public notification of this policy will be accomplished through appropriately placed signs within City facilities. 33.76 Violations of this policy will constitute just cause for discipline in accordance with Section Nineteen of this Personnel Policy. Agenda Information Memo September 21, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 9, 2004 and September 16, 2004 as presented. ATTACHMENTS: • Check registers dated September 9, 2004 and September 16, 2004 are enclosed without page number. Agenda Information Memo September 21, 2004 City Council Meeting Consent Agenda D. APPROVE Early Expenditure of Civic Arena Capital Funds. FOR COUNCIL ACTION: To approve the early expenditure of $12,000 from the approved 2005 Civic Arena budget and the re-allocated expenditure of $3,000 from the 2004 Civic Arena budget. FACTS: ■ Because of the operation of the Civic Arena, their budget review cycle runs from September through September. ■ The City Council previously reviewed and approved the 2005 Civic Arena budget. ■ Of the capital expenditures approved within the 2005 budget, staff is requesting the early expenditure of $12,000 to complete the office set-up and additional computer infrastructure. ■ The 2004 Civic Arena approved budget had an allocation of $3000 for a point-of- sale system, consistent with ECC and Cascade Bay. ■ Staff is asking that the $3,000 be re-allocated from the 2004 budget to be able to move forward with this expenditure. ■ In the future staff will incorporate any requests for early expenditure of subsequent budget dollars at the time the budget is presented to the Council. CONCERNS: None ATTACHMENTS: None /oC Agenda Information Memo September 21, 2004 City Council Meeting Consent Agenda E APPROVE Student Membership Promotion at Eagan Community Center. FOR COUNCIL ACTION: To approve a one-month student membership to be promoted, marketed and sold at the Eagan Community Center December 15th - December 30th, 2004. FACTS: • Beginning mid-December through January, high school and college students will be home from school on holiday break. These students will be looking for a place to work out while they are on break. • Since utilization by members decreases around the holidays, a student membership could bring in extra revenue to the Community Center without causing too much impact on usage of the facility. . • The Eagan Community Center would offer discounts to the students of existing members, however all students with proper identification are able to purchase a student membership. ■ Students can purchase the one month student membership from December 15th - December 30th. This would be a cash and carry transaction and membership is active for 30 days from date of purchase. Students of existing members would pay $39, while non- member students will pay $49. Students must be 15 years of age with proper identification. No enrollment fees or contract will apply ■ Marketing to college and high schools in the area, along with marketing to the members, could bring in anywhere from 50-75 students. CONCERNS: None ATTACHMENTS: None ,~3 Agenda Memo September 21, 2004 CONSENT AGENDA: 19A APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. FACTS: • Faithful Shepherd Catholic School has requested a temporary on-sale liquor license be issued to them for a fundraiser planned for January 22, 2005. The fundraiser is the fifth Annual Live and Silent Auction, which is being held to raise money for the operation of the school. • The application form has been submitted and deemed in order by staff. • Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Letter enclosed without page number. Agenda Information Memo September 21, 2004 Eagan City Council Meeting X a-. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: Authorize the preparation of an Ordinance Amendment to modify Chapter 11, Section 11.70, Subdivision 21, relative to Trash Enclosures and direct the APC to hold a Public Hearing on the amendment. FACTS: ➢ While trash/recycling enclosures are listed as accessory uses in specific Zoning Districts, Section 11.70, Performance Standards, regulates attached/detached, materials, etc. generally and does not address the PF district. This was an unintentional oversight. ➢ The proposed "housekeeping" amendment will address trash/recycling enclosures for schools and churches in addition to the existing requirements for multifamily, commercial and industrial. ISSUES: None ATTACHMENTS: (1) l/ Draft amendment on page I/ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS" BY AMENDING SECTION 11.70 SUBD. 21, (D), 7 REGARDING ENCLOSURES OF TRASH AND RECYCLABLES CONTAINERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven, Section 11.70, Subd. 21, (D), 7 is hereby amended to add the following provision: c. the enclosure may be detached from the principal building in the residential multiple (R-4), limited industrial (I-1), general industrial (I-2),-and business park (BP) and public facility (PF) zoning district. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Mira B. McGarvey By: Pat Geagan Its: Deputy City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: /v Agenda Information Memo September 21, 2004 H. CONTRACT 04-04, LEXINGTON AVENUE STREET & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55 - Street & Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-04 provides for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection and the rehabilitation of Lexington Avenue (County State Aid Highway 43) between TH 55 and Lone Oak Road. • City staff has been successful in securing Cooperative Agreement funding through MnDOT for the portion of the contract for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection. Municipal State Aid funding will be used for the City's share of the cost for resurfacing Lexington Avenue. • In order to ensure continued funding participation, plan revisions were required by MnDOT after the bid opening to maintain consistency with their standard procedures. • The change order provides for the following: o Provision for Haul Road and Aggregate Shouldering, in accordance with MnDOT construction standards. This portion of the change order provides for an additional cost of $4,960. o Replacement of Concrete Median item with Concrete Walk, creates no construction change to the medians proposed to be constructed on Blue Gentian Road and reconstructed on TH 55. TH 55 is under the authority of MnDOT, so they would prefer to see the bid proposal prepared as requested. This portion of the change order provides for an additional cost of $816.50. o Addition of Concrete Curb & Gutter, provides for an additional 126 linear feet of curb and gutter. The additional curb will meet MnDOT standard design. This portion of the change order provides for an additional cost of $1147. o Deletion of Aggregate Base, provides for the reduction of a portion of the gravel base proposed in the original design. The reduction will meet MnDOT standard design. This portion of the change order provides for a cost reduction of $10,651. o Revisions to Temporary Traffic Control creates minor changes that will not impact the resulting constructed improvements, but will allow traffic control to occur according to standard MnDOT methods. This portion of the change order provides for an additional cost of $126. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost reduction of $821 (0.06% of original contract). The reduced cost would reduce the Cooperative Agreement funding from MnDOT accordingly. Agenda Information Memo September 21, 2004 Eagan City Council Meeting Consent Agenda I, APPOINTMENT OF NORTHEAST EAGAN STUDY ADVISORY COMMITTEE ACTION TO BE CONSIDERED: To approve the appointment of the Study Advisory Committee to Oversee the Northeast Eagan Land Use Study. FACTS: ➢ Development proposals for the Laukka Beck and Loan Oak Properties were considered at the City Council meetings of May 18, 2004 and June 15, 2004. The applications proposed to change the land use and zoning in a portion of the northeast area of Eagan to permit the development of residential land uses in an area of the City guided and zoned for Office Service uses. The applications raised a number of issues related to the planning designations, policies and assumptions for that area. ➢ In order to more fully consider issues and factors that would help determine whether such a modification would be appropriate or not, the Council adopted a development moratorium ordinance at its meeting of July 6, 2004 for a period of nine months for an area including the proposed development property for purposes of performing a study to assist the Council in making decisions related to the long term planning of that portion of the City. ➢ As a part of the Council action, a list of study topics was identified to be addressed. At its meeting of July 20, the City Council authorized staff to solicit proposals from consultants to address specific aspects of the study. At its meeting of August 17, the Council authorized staff to work with Hoisington-Koegler Group - Land Use, Ehlers and Associates - Financial, and SRF - Traffic to finalize the scope of work and cost proposal for the project. In order to better coordinate the work, the work program identifies Hoisington Koegler as the lead, with Ehlers and SRF acting as subcontractors. ➢ At its meeting of September 7, the Council approved the study scope of work and cost proposal. At that time, discussion was also held concerning the make up of the Study Advisory Committee that would work with the consultants and staff to complete the study. On the basis of that discussion, staff is proposing that the Committee be made up of two members each from the Advisory Planning Commission, Advisory Parks and Recreation Commission, Airport Relations Commission and Economic Development Commission. All meetings of the Committee would be public and publicly noticed. ➢ In order to insure communication with the City Council through the course of the study, two checkpoint meetings as well as the final report will be held with the Council. In order to insure participation by the stakeholders, specific one on one interviews will be held with the largest property owners in the study area and notices and agendas of Committee meetings will be mailed to all property owners in the study area and meeting materials will be made available to those who ask to be included on the distribution list. 18' Agenda Information Memo Page 2 September 21, 2004 Eagan City Council Meeting Consent Agenda Item J ATTACHMENTS: (1) Approved Study Work Program and Budget on pages 1?0 Northeast Eagan Land Use Study Scope of Work September 2, 2004 Overview This document describes the scope of work the Northeast Eagan Land Use Study (the "Study"). The catalyst for the Study is a requested change to the permitted land use for an area within the Northeast Quadrant of the City. The property is currently planned for commercial uses. A requested change would introduce a substantial area of residential uses in an area in which they have not been planned or anticipated in the past. The Study has been authorized to provide the City Council with appropriate information to determine if the current land use designation should change, and if so what the appropriate land use should be. Assumptions This scope of work is based on the following assumptions: 1. A "Study Advisory Committee" will be established to serve as the steering committee for the process. The Study Advisory Committee will direct, monitor and evaluate the work of the consulting team. The Study Advisory Committee provides policy and process direction to the Study. At the discretion of the City Council, the composition of the Study Advisory Committee may include members of the City Council, the Planning Commission, other boards/commissions, representative from Inver Grove Heights and possibly the general community. 2. The process will include periodic checkpoint or study status meetings between the Study Advisory Committee and the City Council. These meetings will be open to the public and will ensure that the results of the study provide the information needed by the City Council for decision-making. - - 3. --It is-anticipated -that-the -planning-process -will _conclude during the first-quarter of 2005. - 4. Hoisington Koegler Group Inc. (HKGi), Ehlers & Associates (Ehlers) and SRF Consulting Group (SRF) will provide consulting services for the Study. HKGi will be the prime consultant and will enter into subconsultant agreements with Ehlers and SRF. This approach ensures the proper coordination of tasks in the planning process and compilation of the findings and recommendations into a final document. 5. City staff will actively participate in the Study, however, the scope of work is designed in minimize additional demands on city staff. Staff will provide the consultants with existing plans, proposals and data about the Study Area. Staff will be responsible for making meeting arrangements including facilities and the duplication and distribution of materials. ao Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page 2 of 6 Work Program Task 1- Organize the Study Process 1.1 Collect and review existing information. The consultants must begin the project with a clear understanding of the Study Area and existing plans and proposals. Among the items to be reviewed are: • Comprehensive Plan • Plan for Special Area 1 • Zoning ordinance • Development proposals and supporting information • Relevant staff reports • Commercial Area Study • MnDOT 2002 traffic counts 1.2 Prepare base mapping. Computerized mapping will be used to illustrate characteristics and development alternatives for the Study Area. The City will provide AutoCAD and Arcview files for this purpose. In addition to a base map and most recent aerial photography of the Study Area and surrounding property, the consultants will use existing GIS parcel data to illustrate: • Current land use • Future land use • Current zoning • Ownership • Property valuation 1.3 Conduct kick-off meeting with staff. The consultants will meet with city staff to prepare for the initial steps in the planning process. The focus of this meeting will be organizing the Study Advisory Committee, establishing a meeting calendar, use of City newsletter and website to provide Study updates, and determining the need for collecting supplementary data. IA Collect intersection data. SRF will collect a.m. and p.m. peak hour turning movement counts at the following intersections indicates use of existing MnDOT counts from August 2002): • TH 149/I-494 North Ramps* ai Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page 3 of 6 • TH 149/I-494 South Ramps* • TH 149/0'Neill Road • TH 149/Blue Gentian Road/Northwest Parkway • TH 149/Lone Oak Parkway* • TH 149 (N. Leg)/TH 55 • TH 55/Lone Oak Road • TH 55/TH 149 (S. Leg) 1.5 Conduct interviews. HKGi will conduct up to five interviews of stakeholders in the development of the Study Area. The parties to be interviewed will be determined by staff. Potential candidates for interviews include Loan Oak Development group, NWA, EcoLab and CSM. The purpose of the interviews will be to learn about development plans and concerns that should be considered during the planning process. 1.6 Prepare goal summary. HKGi will summarize existing goals and policies related to the Study Area. The summary will address current goals and objectives for land use in Special Area 1 and broader community goals outlined in the Comprehensive Plan. This summary forms a framework for evaluating land use options for the Study Area. 1.7 Conduct kick-off meeting with the Study Advisory Committee. The initial meeting of the Study Advisory Committee will include these items: • Review of Study objectives and work program. • Establishment of meeting schedule for Study Advisory Committee. • Initial orientation to Study Area. • Review of goal summary and determination of applicable evaluation criteria. Task 2 - Define Development Scenarios 2.1 Create scenarios. Current City land use plans and the development proposal provide two scenarios to be considered. HKGi will prepare not more than two other scenarios that depict potential uses of this property. 2.2 Review scenarios with staff. The consultants will meet with city staff to review and adjust the alternative development scenarios. This meeting will begin the identification of "outcomes" of the scenarios. The outcomes are the data needed to analyze the implications of each scenario. The anticipated outcomes include population, jobs, and property valuation. 2.3 Review scenarios with Study Advisory Committee. The development scenarios will be presented to the Study Advisory Committee. Feedback from the Study p~ Northeast Eagan Land Use Study Scope of Work September 2. 2004 Page 4 of 6 Advisory Committee will be used make final modifications in the scenarios. This meeting will also provide the opportunity to adjust the evaluation criteria. 2.4 Conduct Council Checkpoint #1. This meeting will be a working session designed to update the City Council on development scenarios and next steps in the process. 2.5 Quantify the scenarios. The consultants will use the scenarios approved by the Study Advisory Committee to produce the outcomes required for analysis of the development implications. The outcomes will include estimates of jobs, population and property valuation. Task 3 - Analyze the Implications 3.1 Analyze traffic implications. SRF will undertake the following tasks to analyze the traffic implications of the development scenarios identified in Task 2: 3.1.1 Estimate the new total trips that will be generated in the a.m. and p.m. peak hours and on a daily basis using current ITE trip generation rates. 3.1.2 Distribute and assign the a.m. and p.m. peak hour trips (from development scenarios and adjacent development areas) to the existing roadway system and street intersections. 3.1.3 Analyze a.m. and p.m. peak hour operations at the intersections listed in Task 1.4 for existing and future build (one year after construction) conditions. 3.1.4 Determine what improvements (if any) are needed to accommodate the proposed development with acceptable levels of service. Address the need for a new north-south connection to Lone Oak Road and the upgrade of Lone Oak Road. 3.2 Analyze financial implications. Ehlers will undertake the following tasks to analyze the financial implications of the development scenarios identified in Task 2 3.2.1 Review service impacts for major capital and operating areas with staff. Prepare estimated present costs for each scenario. Prepare city revenue estimates for each development scenario. 3.2.2 Review estimated school population with School District for each scenario. Prepare cost and revenue estimates for each scenario. 3.2.3 Review estimated impact on County services with County. Prepare estimate of increase cost of services and revenues. 3.2.4 Prepare annual debt service, operating costs and revenue estimates for water, sewer and storm expansion requirements (if any). 3.2.5 Prepare projected property tax revenues for each development scenario. Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page 5 of 6 3.3 Determine parks needs. HKGi will determine the need and characteristics of neighborhood park and trail facilities to support residential land use alternatives. HKGi will estimate the cost of these improvements. Ehlers and staff will use this information to determine options for funding the park and trail improvements. 3.4 Determine airport noise implications. HKGi will work with staff to determine the airport noise implications for residential development in the Study Area. As part of this task, HKGi/staff will identify other locations in Eagan with similar noise levels. These locations provide additional context for the policy decisions in the Study Area. 3.5 Assess implications for commercial area supply. HKGi will review and assess the implications of the development scenarios in context of the 1994 Commercial Land Use Study. HKGI will use available GIS data to compare existing land use with vacant commercial land. This task does not include new market research. 3.6 Report preliminary findings. The consultants will report the findings from the above tasks as a series of technical memoranda. 3.7 Review findings with staff. The consultants will review the findings with staff. Feedback from staff will be used to make adjustments in the analysis and the memoranda. 3.8 Present findings to Study Advisory Committee. The consultants will use up to two (2) workshops to present findings and receive guidance from the Study Advisory Committee. 3.9 Conduct Council Checkpoint 42. This meeting will be used to present the findings to the City Council. 3.10 Conduct Open House. The open house will be used to present the findings and to obtain feedback from the community. The feedback format and tools will be designed to obtain desired guidance from the open house participants. Task 4 - Report Study Results 4.1 Prepare scenario evaluation. The results of Task 3 will be distilled into an evaluation summary using the criteria identified in Task 1.5. 4.2 Review evaluation with staff. The consultants will present the evaluation summary and obtain feedback from staff. 4.3 Conduct Study Advisory Committee workshop. The evaluation criteria will be presented to the Study Advisory Committee and used to facilitate a discussion of the alternatives. The objective of the workshop is to reach consensus on a findings from the Study Advisory Committee. 4.4 Prepare draft report. The findings of the process will be compiled into a report. 4.5 Review draft report with staff. 4.6 Review draft report with Study Advisory Committee. Northeast Eagan Land Use Study Scope of Work September 2, 2004 Page 6 of 6 4.7 Present final report to City Council. Budget The budget for undertaking this scope of work is $59,735. This amount includes staff time and reimbursable direct expenses (mileage, printing and overnight delivery) for all work tasks. Agenda Information Memo September 21, 2004 Eagan City Council Meeting . S ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: Authorize the preparation of an Ordinance Amendment to modify Chapter 11, Section 11.40, Subdivision 9, Nonconforming Structures and Uses to reflect legislative changes made to the State Statutes regarding the same and direct the APC to hold a Public Hearing on the amendment. FACTS: ➢ One of the few things accomplished during the 2004 legislative session was a modification to State Statute Section 462.357 regulating nonconformities. The modification essentially provides an opportunity of longevity for nonconforming situations. ➢ As the Council is aware, the purpose and intent of any nonconforming building/use provision is to ensure uniform use of land within established districts. Structures and uses that are not consistent with City Code requirements are generally prohibited from expanding and are intended to be eliminated over time, due to obsolescence, exhaustion or destruction. ➢ Nevertheless, the City has no option but to follow the state's direction and modify the City Code to be consistent with the statute. ISSUES: None ATTACHMENTS: (1) New strikeout and underlined State Statute language on page c. a~ Sec. 2. Minnesota Statutes 2002, section 462.357, subdivision le, is amended to read: Subd. le. [NONCONFORMITIES.] Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair e_r, replacement, restoration, maintenance, but if or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year,,-_ or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. Presented to the governor May 18, 2004 Signed by the governor May 29, 2004, 9:10 a.m. http://www.revisor.leg.state.mn.us/slaws/2004/c258.html Agenda Information Memo September 21, 2004 Eagan City Council Meeting X.K. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - Daniel and Michelle Lodahl ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial for a 4.5% variances to lot coverage for Lot 8, Block 1, Marcella Woods. FACTS: ➢ At its regular meeting of September 7, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the lot coverage Variance requested by Daniel and Michelle Lodahl to be considered at the September 21, 2004 regular Council meeting. ATTACHMENTS: (1) Findings of Fact, Conclusions & Resolution of Denial, page ~ through3PZ . C2 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Michelle & Daniel FINDINGS OF FACT, Lodahl for a 4.5% Variance to Exceed the 20% CONCLUSIONS AND Lot Coverage on Lot 8, Block 1, Marcella RESOLUTION Woods Addition This matter came before the Eagan City Council at a public hearing on September 7, 2004. The Council received and considered the August 20, 2004, Planning Report; input from City staff; and testimony from the Applicants, together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Marcella Woods Partnership, a Minnesota partnership ("Owner"), is the owner of Lot 8, Block 1, Marcella Woods Addition (the "Property"). 2. The Property is designated as LD, Low-Density, within the City's Comprehensive Guide Land Use Plan, and is zoned R-1, Single-family Residential. 3. Section 11.60, Subd. 5(E) of the City Code restricts the amount of building coverage on any lot in the R-1 district to a maximum of twenty percent (20%). 4. The Property is part of a subdivision, Marcella Woods, (the "Subdivision"). The plat of Marcella Woods was approved by the City in 2003, and at such time of approval, the Owner assured the City that each of the City's Code requirements could be met. ~9 5. In April of 2004, the Owner applied for a variance to the 20% lot coverage for the Property (together with other lots within the Subdivision) which application was denied by the Council. 6. Daniel and Michelle Lodahl (the "Applicants") have submitted an application for a variance of 4.5% to the 20% maximum building coverage on the Property. 7. The Property is 14,281 square feet in size and the Applicant's proposed to build a structure with a building footprint of 3,499 square feet, which is 24.5% of the lot area. 8. Section 11.50, Subd. 3 of the City Code governs the issuance of variances. 9. Section 11.50, Subd. 3(A) of the City Code states that the basis for the granting of a variance is those situations where practical difficulties or a particular hardship would result from carrying out the strict letter of the City Code. 10. Section 11.50, Subd. 3(B)(3) of the City Code requires the City Council to consider the following factors in reviewing a request for a variance: (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, of which the owners of the Property have not control; (b) The literal interpretation of the provisions of the Code could deprive the Applicant's Property of a use commonly enjoyed by other properties in the same district; C) Special conditions or circumstances do not result from the action of the Applicant; (d) The granting of a variance request will not confer on the Applicant any special privilege that is denied by the owners of other lands, structures or buildings in the same district; (e) The variance request is the minimum variance which would alleviate the hardship; and (f) The variance would not be materially detrimental to the purpose of the City Code. 30 11. The Applicant submitted a letter, received by the City on August 17, 2004, stating that the Property had a 10-foot side setback on each side; that the City required a 20-foot wide path between Lots 7 and 8, Marcella Woods, for a trailway and to accommodate drain pipes leading to a storm sewer which has caused a redesign of the house plan moving the house deeper into the back of the lot, and also that the cul-de-sac in the front cuts into the lot reducing its total buildable square footage. The Applicant further stated that there is an abundance of green space surrounding the development. CONCLUSIONS 1. The Property was subdivided in 2003 consistent with subdivision standards for the R-1 zoned property. 2. The layout of the Subdivision and the size of the lots were the result of the direct actions of the Property Owner. 3. The Applicant's letter does not set forth any practical difficulty or particular hardship, since the items referenced in the letter resulted from the subdivision and creation of the subject Property. 4. The granting of a variance would be a convenience to the Applicant and not as a result of practical difficulties or hardship. 5. The Property retains a viable use and a house can be constructed on-the Property - in compliance with existing City Code requirements without the granting of a variance. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Variance to exceed the 20% lot coverage on Lot 8, Block 1, Marcella Woods Addition is denied. ~3 Dated at Eagan, Minnesota this 21St day of September, 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Mira McGarvey Its: Deputy City Clerk 3c2 Agenda Information Memo September 21, 2004 1 CAPITAL IMPROVEMENT PLAN (2005-2009) DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve the Dakota County Transportation Department's draft 2005-2009 Transportation Capital Improvement Plan. FACTS: • On May 11, 2004, the Council received a presentation of the draft of the proposed Public Works Department 5-year Capital Improvement Plan (CIP) for 2005-2009. After consideration, the Council directed only minor revisions to the CIP. • On June 1, the City Council approved the 5-year CIP as discussed at the May 11 Council Workshop, including improvements to County Highways that are important to the City of Eagan. • The Dakota County Transportation Department has prepared a 5-year CIP for 2005- 2009 which will be presented to the County Board for approval. • Since the County and City share the cost of all County Highway improvements on a 55/45 split, City staff presented Eagan's approved CIP for their consideration in preparing the County's proposed CIP. • After reviewing Eagan's CIP, as well as their own County Transportation Plan, the County has included all County Highway improvements proposed by the City. • The County has now requested that the City formally approve the County's draft CIP for 2005-2009. City staff has reviewed it and is presenting it to the Council for favorable consideration. 33 Agenda Memo September 21, 2004 PUBLIC BEARINGS A. PROJECT 893, DIFFLEY FRONTAGE ROADS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 893 (Diffley Frontage Roads - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 893 provided for the bituminous overlay of the Diffley Frontage Roads, between Rahn Road and Diamond Drive. • The Final Assessment Roll was presented to the City Council on August 17, 2004, with a public hearing scheduled for September 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is about 13% less than the estimated benefit amounts that were presented at the original Public Hearing September 2, 2003. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. An informational meeting was held on September 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 29 parcels (R-1 Single-Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages35 through. FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 893 ASSESSMENT - September 21, 2004 NAME - Diffley Frontage Roads IMPROVEMENT- September 2, 2003 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Surfacing Single 486.41 $537 /Lot ❑ Service ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $15,560 F.R. _$30,000 F.R. 04-02 29 5 Year 4.50% $14,105.89 $29,225.63 COMMENTS: 3s s MEMO city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: August 31, 2004 SUBJECT: Final Assessment Roll Project No. 893 Diffley Frontage Roads Street Overlay The City Council at the conclusion of the public hearing on September 2, 2003 ordered Project 893. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of Frontage Roads that abut Diffley Road and replacement of curb and gutter along the same section of roads. In the feasibility study, it was proposed to assess the mill and overlay improvement using a lot unit method for single-family properties. This assessment roll is prepared using the method presented at the public hearing. Construction of the improvements was accomplished under Contract No. 04-02, which is complete. The assessment hearing is scheduled for September 21, 2004. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $31,078.30 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $12,253.22 were incurred resulting in an improvement and project cost of $43,331.52. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing and $20,233.90 $7,977.61 $28,211.51 $31,120 signs Curb repair 9,644.40 3,802.49 13,446.89 14,440 Utility repair 1,200.00 473.12 1,673.12 TOTAL $31,078.30 $12,253.22 $43,331.52 $45,560 2 136 II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $1,500.00 $1,500.00 Mill bituminous surface Sq. Yd. 5061 .65 3,289.65 Bituminous mat. for tack coat Gal. 230 1.25 287.50 Type 41 Wear Course Ton 385.74 32.75 12,632.99 Traffic control L. S. 1 500.00 500.00 Adjust water valve box Each 2 125.00 250.00 Adjust manhole casting Each 4 250.00 1,000.00 Sign Costs L.S. 1 773.76 773.76 SUBTOTAL $20,233.90 Other costs @39.43% 7,977.61 Mill and Overlay Cost $28,211.51 2. Computation of Lot Equivalents A. There are 29 residential family lots that have access to the improvement. The lot equivalents are computed in the following manner: Residential Lot Property Class Lots Weighting Factor Equivalents Low Density Residential 29 100% 29 Total 29 29 3 007 D. Low Density Residential Property Assessment Rate The improvement cost and assessment rate for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $28,211.51 29 $972.81/Lot Equivalent IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $972.81/ Lot Equivalent X 50% $486.41/Lot Equivalent 2. Curb and Gutter replacement The cost to replace damaged curb and gutter amounted to $9,644.40. Other costs, in the amount of $3,802.49, were allocated resulting in a replacement cost of $13,446.89. This improvement will be financed by the City's Major Street Fund. 3. Utility Repairs A. Water Utility Repair The contractor furnished and installed 2 each gate valve top sections at $165.00 each. This results in a contract cost of $330.00. Other costs, in the amount of $130.11, were allocated resulting in a cost of $460.11. These repair costs are to be financed by the Water Division of the City's Utility Fund. B. Sanitary Sewer Repair The contractor removed and replaced 2 manhole castings at a cost of $870.00. Other costs in the amount of $343.01 were allocated resulting in an improvement cost of $1,213.01. These repair costs are to be financed by the Sanitary Sewer Division of the City's Utility Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 4.50 % on the unpaid balance. 4 ~4 CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT CITY'S IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY) Streets Resurfacing and $28,211.51 $14,105.89 ($14,105.62) signs Curb Replacement 13,446.89 ($13,446.89) Utility Repair 1,673.12 (1,673.12) TOTAL $43,331.52 $14,105.89 ($29,225.63) The following funds will provide financing for the listed improvements. Major Street Fund $27,552.51 Water Division Utility Fund 460.11 Sanitary Sewer Division Utility Fund 1,213.01 Total $29,225.63 Gerald R. Wobschall Reviewed Reviewed Public Works Departmei&f Finance partment 9-c-1-ti4 ~ (`1 w4,- Dated Dated - cc Thomas~.A-Colbert;-Director-0f-Public-Works _ Mike Dougherty, City Attorney Sue Sheridan, Accountant I GRW 5 39 Combined Assessment Roll SA NBR 1OP893 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-16700-120-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-130-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-140-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-150-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-160-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-170-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-180-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-190-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-200-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16700-210-11 CEDAR GROVE #1 $486.41 $486.41 $537.00 $50.59 10-16701-010-01 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-010-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-020-01 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-020-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-030-01 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-030-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-040-01 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-040-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-050-01 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 - - 10-16701-050-04--CEDAR-GROVE-#2-------- 10-16701-060-01 CEDAR GROVE #2 $486.41 $486.41 $537.00. $50.59 10-16701-060-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-070-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-080-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-090-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-100-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-110-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-120-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 10-16701-130-04 CEDAR GROVE #2 $486.41 $486.41 $537.00 $50.59 Friday, September 17, 2004 Page 1 of 2 Combined Assessment Roll SA NBR 1OP893 Estimated PID ADDITION NAME Overlay Total Assessment Variance Summary /br'SA_NBR' = 1OP893 (29 detail records) Sum $14,105.89 $14,105.89 $15,573.00 $1,467.11 Friday, September 17, 2004 Page 2 of 2 ~j 0 o LL GVOb NHV?l U F N vi N 1 1 * ire 1 J I* c 1 N 1 ~ o* m 1 N y p 0 ~y I T N f`7 r 1 N N T r l O ^ f Z * <°u v 1 ru h, a_ OD QQ Nc c T NO V C G 1 ~ cu 1 cn N 0 (D F- 1 z W N ID N I cW Z T I T Q G O ~ V - - L i N 'UG 3NOJ-SNOOW O U) r r.~ ml w C) N N* T I Q U) rn cu CL Z a00 yy N _ N N~ T °o N 1 w O W cu = y Ti '4a-) N ,r t' Q 00 T N 1 d' L- O 0 ba Zb'd01 0 69- (n a Q a F- aj * z C7 0 D ;1 N LL O~ 1 elf w - J - ~ p J Y 'D O ooQ w! ' * N~ 1 Q Urn. o * O cu I 4,. f I * N ~ I * as i N y ° I cc T o~ 1 z W ru S 4 O 'UG GNOWdld m U Agenda Memo September 21, 2004 B. PROJECT 895, LAKE PARK SHORES/ THOMAS LAKE ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 895 (Lake Park Shores/ Thomas Lake Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 895 provided for the bituminous overlay of the streets within the Lake Park Shores/ Thomas Lake Additions, including Lake Park Drive, Lake Park Court, and Lake Park Circle. • The Final Assessment Roll was presented to the City Council on August 17, 2004, with a public hearing scheduled for September 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is about 2% more than the estimated benefit amounts that were presented at the original Public Hearing December 16, 2003. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. An informational meeting was held on September 13 to address all property owners' questions or concerns and provide any additional information of interest. Of the 34 parcels (33 R-1 Single-Family, 1 Public Facility) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages throughV. ~13 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 895 ASSESSMENT - September 21, 2004 NAME - Lake Park Shores and Thomas Lake Additions IMPROVEMENT- December 16, 2003 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Surfacing Single $653.96 $640 /Lot ❑ Service Public Facility $1,307.92 1.280 /Lot ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $21,750 F.R. $43,950 F.R. 04-02 34 5 Year 4.50% $22,888.60 $47,580.38 COMMENTS: -r MEMO city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: August 31, 2004 SUBJECT: Final Assessment Roll Project No. 895 Lake Park Shores and Thomas Lake Additions Street Overlay The City Council at the conclusion of the public hearing on December 16, 2003 ordered Project 895. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of Lake Park Drive, Lake Park Circle and Lake Park Court in the Lake Park Shores and Thomas Lake Additions and replacement of needed curb and gutter along the same streets. In the feasibility study, it was proposed to assess the mill and overlay improvement using a lot unit method for all properties. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 04-02, which is complete. The assessment hearing is scheduled for September 21, 2004. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $54,227.89 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $16,241.09 were incurred resulting in an improvement and project cost of $70,468.98. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing and $34,220.49 $10,248.93 $44,469.42 $43,500 signs Curb repair 20,007.40 5,992.16 25,999.56 22,200 TOTAL $54,227.89 $16,241.09 $70,468.98 $65,700 2 c/ II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $675.00 $675.00 Mill bituminous surface Sq. Yd. 3005 .65 1,953.25 Bituminous mat. for tack coat Gal. 445 1.25 556.25 Type 41 Wear Course Ton 818.46 32.75 26,804.57 Traffic control L. S. 1 275.00 275.00 Adjust water valve box Each 2 125.00 375.00 Adjust manhole casting Each 13 235.00 3,055.00 Sign L.S. 1 526.42 526.42 SUBTOTAL $34,220.49 Other costs @29.95% 10,248.93 Mill and Overlay Cost $44,469.42 2. Computation of Lot Equivalents A. The number of lot equivalents are computed in the following manner: Lot Property Class Lots Weighting Factor Equivalents Low Density Residential 33 100% 33 Public Facility 1 100% 1 Total 3 Z14 B. Commercial Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $44,469.42 34 Lot Units $1,307.92/Lot IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $1,307.92/Lot x 100% $1,307.92/Lot C. Low Density Residential Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $44,469.42 34 Lot Equiv. $1,307.92/Lot Equivalent IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $1,307.92/ Lot Equivalent X 50% $653.96/Lot Equivalent 2. Curb and Gutter replacement The cost to replace damaged curb and gutter amounted to $20,007.40. Other costs, in the amount of $5,992.16, were allocated resulting in a replacement cost of $25,999.56. This improvement will be financed by the City's Major Street Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS . The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 4.50 % on the unpaid balance. 4 CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT CITY'S IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY) Streets Resurfacing $44,469.42 $22,888.60 ($21,580.82) Curb Replacement 25,999.56 (25,999.56) TOTAL $70,468.98 $22,888.60 ($47,580.38) The following funds will provide financing for the listed improvements. Major Street Fund $47,580.38 Total $47,580.38 Gerald R. Wobschall Reviewed Revieww d Public works Depat t Finance epartment 9-c-?-ot- -111 -4- Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I GRAV 5 Combined Assessment Roll SA_NBR JOP895 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-44200-010-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-010-02 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-020-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-020-02 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-030-01 LAKE PARK SHORES $653.95 $653.96 $640.00 ($13.96) 10-44200-030-02 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-040-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-040-02 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-050-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-050-02 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-060-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-060-02 LAKE PARK SHQRES $653.96 $653.96 $640.00 ($13.96) 10-44200-070-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-070-02 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-080-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-080-02 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-090-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-090-02 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-100-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) - 10 4200-100-02 LAKE PARK SHORES $653.96 $653.96- $640.0 --($1-3.96) 10-44200-110-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-44200-120-01 LAKE PARK SHORES $653.96 $653.96 $640.00 ($13.96) 10-62900-110-00 RASMUSSEN $653.96 $653.96 $640.00 ($13.96) 10-75900-010-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-020-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-030-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-040-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-050-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-060-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) Friday, September 17, 2004 Page I of 2 9 Combined Assessment Roll SA_NBR JOP895 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-75900-070-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-060-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-090-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-100-01 THOMAS LAKE $653.96 $653.96 $640.00 ($13.96) 10-75900-110-01 THOMAS LAKE $1,307.92 $1,307.92 $640.00 ($667.92) Summary for 'SA_NBR' = 1OP895 (34 detail records) Sum $22,888.60 $22,888.60 $21,760.00 ($1,128.60) Friday, September 17, 2004 Page 2 of 2 NORTH CALE 111=200' OUTLGT A ~ SCALE' 11 12 CITY OF PAGAN 4521 4520 10 11 1 4552 4530 7 4554 4531- r 2 6 r-' * 4536 5 s 9 45371 *m _ 9 8 4546 / 4 T,477 KE ADDITI( ~ OMA} fLA ,473 : 1 } 1475 ` j ;/l~ 4544 1 4543 10 4556 P4~ ,474 4562 g 1479 4549 * i j\ G * 4 3 I asss Df * 8 1476 5 - 3 1481 Y 6 5i * 4580 4564 2 Q 7C 2 1 7C Y 9 1482 ~f 4561 1489 j 5 0_10 1486 * 4567 J 4573 4 Np 4585 r I qS 4591 - 4590 (Co. Rd. 32) - Cliff Road - I%~~ cc - 1_- Le end ical E, * $ 653.96 Per Lot Assessment • $ 1,307.92 Per Lot Assessment Street Overlay GAs se ss)ents/ LokeP ork_ThomosLoke/ 895 9-01-04 Lake Park Shores & Thomas Lake Additions Street Improvements / Area Assessment Map Fig. 1 City of Eagan City Project 895 Agenda Memo September 21, 2004 C. PROJECT 896, LAKESIDE ESTATES STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 896 (Lakeside Estates - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 896 provided for the bituminous overlay of the streets within the Lakeside Estates, north of Cliff Road, east of Dodd Road. • The Final Assessment Roll was presented to the City Council on August 17, 2004, with a public hearing scheduled for September 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is about 1% more than the estimated benefit amounts that were presented at the original Public Hearing December 1, 2003. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. An informational meeting was held on September 15 to address all property owners' questions or concerns and provide any additional information of interest. Of the 50 parcels (47 R-1 Single-Family, 3 City Park) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages ~^3 through&. FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 896 ASSESSMENT - September 21, 2004 NAME - Lake Side Estates IMPROVEMENT - December 1, 2003 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral H Surfacing Single $658.11 $650 /Lot ❑ Service ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $32,500 F.R. $68,910 F.R. 04-01 50 5 Year 4.50% $32,905.50 $77,307.70 COMMENTS: S_3 z MEMO city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: August 30, 2004 SUBJECT: Final Assessment Roll Project No. 896 Lake Side Estates Street Overlay The City Council at the conclusion of the public hearing on December 1, 2003 ordered Project 896. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of Atlantic Hill Drive, Superior, Erie, Huron, and Michigan Courts, in the Lakeside Estates Addition. Replacement of curb and gutter along those streets was also authorized. In the feasibility study, it was proposed to assess the mill and overlay improvement using a lot unit method for all properties. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 04-02, which is complete. The assessment hearing is scheduled for September 21, 2004. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $88,404.23 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $21,808.97 were incurred resulting in an improvement and project cost of $110,213.20. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the _ _ cost-ofeach_improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing $52,788.13 $13,022.62 $65,810.75 $65,000 Curb repair 26,771.10 6,604.32 33,375.42 36,410 Utility repair 8,845.00 2,182.03 11,027.03 TOTAL $88,404.23 $21,808.97 $110,213.20 $101,410 _ 2 II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED - ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $675.00 $675.00 Mill bituminous surface Sq. Yd. 4,733 .65 3,076.45 Bituminous mat. for tack coat Gal. 600 1.25 750.00 Type 41 Wear Course Ton 1,281.94 32.75 41,983.54 Traffic control L. S. 1 275.00 275.00 Adjust water valve box Each 7 125.00 875.00 Adjust manhole casting Each 15 235.00 3525.00 Signs L.S. 1 1,628.14 1,628.14 SUBTOTAL $52,788.13 Other costs @24.67% 13,022.62 Mill and Overlay Cost $65,810.75 2. Computation of Lot Equivalents A. The number of lot equivalents is computed in the following manner: Lot Property Class Lots Weighting Factor Equivalents Low Density Residential Property 47 100% 47 Public Facility- Neighborhood 3 100% 3 Park Total 50 50 D. Low Density Residential and Public Facility Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $65,810.75 50 Lot Equiv. $1,316.22/Lot Equivalent IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $1,316.22/ Lot Equivalent X 50% $658.11/Lot Equivalent SS3 2. Curb and Gutter replacement The cost to replace damaged curb and gutter amounted to $26,771.10. Other costs, in the amount of $6,604.32, were allocated resulting in a replacement cost of $33,375.42. This improvement will be financed by the City's Major Street Fund. 3. Utility Repairs a. Water Utility Repair The contractor funiished and installed 4 each valve top sections at $165.00 each. This results in a contract cost of $660.00. Other costs, in the amount of $162.82, were allocated resulting in a cost of $822.82. These repair costs are to be financed by the Water Division of the City's Utility Fund. b. Sanitary Sewer Repair The contractor removed and replaced 1 manhole casting at a cost of $435.00. Other costs in the amount of $107.31 were allocated resulting in an improvement cost of $542.31. These repair costs are to be financed by the Sanitary Sewer Division of the City's Utility Fund. c. Storm Sewer Repair The contractor removed and replaced 4 catch basin structures and castings at a cost of $7,750.00. Other costs in the amount of $1,911.90 were allocated resulting in an improvement cost of $9,661.90. These repair costs are to be financed by the Storm Sewer Division of the City's Utility Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 4.50 % on the unpaid balance. 4 CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT CITY'S IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY) Streets Resurfacing $65,810.75 $32,905.50 ($32,905.25) Curb Replacement 33,375.42 (33,375.42) Utility Repair 11,027.03 (11,027.03) TOTAL $110,213.20 $32,905.50 ($77,307.70) The following funds will provide financing for the listed improvements. Major Street Fund $66,280.67 Water Division Utility Fund 822.82 Sanitary Sewer Division Utility Fund 542.31 Storm Sewer Division Utility Fund 9,661.90 Total $77,307.70 Gerald R. Wobschall Reviewed Reviewed Public Works Departme Finance De ent Dated Dated cc: Thomas A. Colbert, Director of Public Works -VI e--Daugherty-Git3-Atterney Sue Sheridan, Accountant I GRW 5 Combined Assessment Roll SA_NBR JOP896 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-44300-010-00 LAKESIDE ESTATES $1,974.33 $1,974.33 $1,950.00 ($24.33) 10-44300-010-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-010-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-020-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-020-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-030-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-034-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-040-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-040-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-050-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-060-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-062-01 LAKESIDE ESTATES $658.11 $656.11 $650.00 ($8.11) 10-44300-070-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-072-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-080-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-080-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-090-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-100-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-101-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) - 10-44300- -10-0a_- LAKESIDE-ESTATES $958_11 $6 8.11 $650.00 ($8.11) 10-44300-111-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-120-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-130-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-131-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-140-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-142-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-150-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-151-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-160-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) Friday, September 17, 2004 Page I of 2 Combined Assessment Roll SA NBR 1OP896 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-44300-170-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-172-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-180-01 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-181-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-190-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-200-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-210-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-232-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-04300-241-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-250-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-260-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-270-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-280-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-290-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-301-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-311-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-321-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-322-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) 10-44300-330-02 LAKESIDE ESTATES $658.11 $658.11 $650.00 ($8.11) _Summaw for'SA NBR' = 1OP896 (48 detail records) Sum $32,905.50 $32,905.50 $32, 500.00 ($405.50) Friday, September 17, 2004 Page 2 of 2 O r M e o ~ oN F a v co W ~ W zJ Q W O in § 4 r y0 Y r N Pam Vi 1 i ua7 7` m m N *olth 1 I n in va In a* / ~ N N 1 y T * t ~ cu o -N UP < N .k in w > C y o N f Ty ON c O E 1 Z Y J T P ~(:J~ Q CL ch E u) W r N N N CB D W f CD -C C3 co U7 U) y fA 1 r Y N TN N ' > ~ 1 L (U a, O _ 1 N co ( U ' C6 (0 CD N (n 0) 1 ON 1 _ (v co T P ~V 117 * Y7 j: A P W U) P J W ~ 1 N No nH N * o N O o* 2 * ° c 1 m N 0 cu cu * , o X tD 1 - m N 1 P N co cu 1 o I 1 N N 1 %D n N G * Y r R 1 M ti ' 1 cu Q N r 1 ru co in ;::c ID P P, -4 cu a ID 1 C)* * aoia dns * *tr) ID v q, N f\ ID D n P w* ID y Y n b N Y ca pcy s rn c6 Opp o 0 0 P cu 3 Agenda Memo September 21, 2004 D. PROJECT 897, WILDERNESS RUN 2ND & 3RD ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 897 (Wilderness Run 2°d & 3`d Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 897 provided for the bituminous overlay of the streets, and minor storm sewer work, within the neighborhood of the Wilderness Park 2nd and 3`d Additions, north of Wilderness Run Road, west of Lexington Avenue. • The Final Assessment Roll was presented to the City Council on August 17, 2004, with a public hearing scheduled for September 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is about 10% less than the estimated benefit amounts that were presented at the original Public Hearing December 1, 2003. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. An informational meeting was held on September 15 to address all property owners' questions or concerns and provide any additional information of interest. Of the 83 parcels (R-1 Single-Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages througha FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 897 ASSESSMENT - September 21, 2004 NAME - Wilderness Park 2nd and 3rd Additions IMPROVEMENT - December 1. 2003 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/hunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Surfacing Low Density Resi. $541.62 $601 /Lot ❑ Service ❑ Lat. Benefit/hunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation _ ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $50.500 F.R. $110,430 F.R. 04-02 83 5 Year 4.50% $44,954.46 $136.324.22 COMMENTS: 6~ 4 MEMO city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: August 30, 2004 SUBJECT: Final Assessment Roll Project No. 897 Wilderness Park 2nd and 3rd Additions Street Overlay The City Council at the conclusion of the public hearing on December 1. 2003 ordered Project 897. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of Aquarius Lane, Orion Lane, Kaufmanis Way and Lyra, Aries, Leo and Capricorn Courts, in the Wilderness Park Second and Third Additions. Replacement of curb and gutter as needed was also approved by the Council. In the feasibility study, it was proposed to assess the mill and overlay improvement using a lot unit method for single-family properties. This assessment roll is prepared using the method presented at the public hearing. Construction of the improvements was accomplished under Contract No. 04-02, which is complete. The assessment hearing is scheduled for September 21, 2004. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $149,386.84 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $31,891.84 were incurred resulting in an improvement and project cost of $181,278.68. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost -af each irnprovement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing and $74,091.24 $15,817.36 $89,908.60 $101,000 signs Curb repair 59,310.60 12,661.92 71,972.52 51,120 Utility repair 15,985.00 3,412.56 19,397.56 8,810 TOTAL $149,386.84 $31,891.84 $181,278.68 $160,930 2 H. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 675.00 $675.00 Mill bituminous surface Sq. Yd. 7,652 .65 4,973.80 Bituminous mat. for tack coat Gal. 875 1.25 1,093.75 Type 41 Wear Course Ton 1,843.62 32.75 60,378.56 Traffic control L. S. 1 275.00 275.00 Adjust water valve box Each 3 125.00 375.00 Adjust manhole casting Each 21 235.00 4,935.00 Signs L.S. 1 1,385.13 1,385.13 SUBTOTAL $74,091.24 Other costs @21.35% 15,817.36 Mill and Overlay Cost $89,908.60 2. Computation of Lot Equivalents A. The lot equivalents are computed in the following manner: Residential Lot Property Class Lots Weighting Factor Equivalents Low Density Residential Property 83 100% 83 Total 83 83 B. Low Density Residential Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $89,908.60 83 Lot Equiv. $1,083.24/Lot Equivalent IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $1,083.241 Lot Equivalent X 50% $541.62/Lot Equivalent 3 2. Curb and Gutter replacement The cost to replace damaged curb and gutter amounted to $59,310.60. Other costs, in the amount of $12,661.92, were allocated resulting in a replacement cost of $71,972.52. This improvement will be financed by the City's Major Street Fund. 3. Utility Repairs A. Water Utility Repair The contractor furnished and installed 11 each valve top sections at $165.00 each. This results in a contract cost of $1,815.00. Other costs, in the amount of $387.48, were allocated resulting in a cost of $2,202.48. These repair costs are to be financed by the Water Division of the City's Utility Fund. B. Sanitary Sewer Repair The contractor removed and replaced 2 manhole castings at a cost of $870.00. Other costs in the amount of $185.73 were allocated resulting in an improvement cost of $1,055.73. These repair costs are to be financed by the Sanitary Sewer Division of the City's Utility Fund. C. Storm Sewer Repair The contractor removed and replaced 2 manhole castings and constructed an 84 inch manhole at a cost of $13,300.00. Other costs in the amount of $2,839.35 were allocated resulting in an improvement cost of $16,139.35. These repair costs are to be financed by the Storm Sewer Division of the City's Utility .Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 4.50 % on the unpaid balance. III. CITY REVENUESKRESPONSIBILITIES) IMPROVEMENT CITY'S IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY) Streets Resurfacing $89,908.60 $44,954.46 ($44,954.14) Curb Replacement 71,972.52 (71,972.52) Utility Repair 19,397.56 (19,397.56) TOTAL $181,278.68 $44,954.46 ($136,324.22) 6~ The following funds will provide financing for the listed improvements. Major Street Fund $116,926.66 Water Division Utility Fund 2,202.48 Sanitary Sewer Division Utility Fund 1,055.73 Storm Sewer Division Utility Fund 16,139.35 Total $136,324.22 k~ Gerald R. Wobschall Reviewed Reviewe fl- L Public Works Department Finance partment 9 _ 1-1 - d g-- 1~ - (I L,01 Dated Dated' cc: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I GRW ~5 Combined Assessment Roll SA NBR 1OP897 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-84251-010-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-010-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00, $59.38 10-84251-010-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-010-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-020-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-020-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-020-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-020-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-030-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-030-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-030-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-030-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-040-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-040-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-040-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-040-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-050-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-050-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-050-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 -I 49251-=050-04 -WItDE-RNE-SARK-2N $54-1.62- -$541-:62 -$601-00 $59 38 10-84251-060-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-060-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-060-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-060-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-070-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-070-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-070-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-070-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-080-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 Friday, September 17, 2004 Page 1 of 3 Combined Assessment Roll SA NBR JOP897 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-84251-080-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-080-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-080-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-090-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-090-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-090-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-090-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-100-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-100-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-100-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-100-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-110-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-110-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-110-03 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-110-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-120-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-120-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-120-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-130-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 1"0=S42bfi13II=02-WILDERNESS-PARK-2ND- $544.62 $541.5 ---$604M-e59.38 10-84251-130-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-140-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-140-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-140-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-150-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-150-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-150-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-64251-160-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-160-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 Friday, September 17, 2004 Page 2 of 3 Combined Assessment Roll SA_NBR 1OP897 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-84251-160-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-170-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-170-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-170-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-180-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-180-02 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-180-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-190-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-190-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-200-01 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-200-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-210-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-220-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-230-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-240-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84251-250-04 WILDERNESS PARK 2ND $541.62 $541.62 $601.00 $59.38 10-84252-010-01 WILDERNESS PARK 3RD $541.62 $541.62 $601.00 $59.38 10-84252-010-02 WILDERNESS PARK 3RD $541.62 $541.62 $601.00 $59.38 10-84252-020-01 WILDERNESS PARK 3RD $541.62 $541.62 $601.00 $59.38 10-84252-020-0 1L~ERNESS PARR 3 $541-.62 --$601 0 $5938 10-84252-030-02 WILDERNESS PARK 3RD $541.62 $541.62 $601.00 $59.38 10-84252-040-02 WILDERNESS PARK 3RD $541.62 $541.62 $601.00 $59.38 10-84252-050-02 WILDERNESS PARK 3RD $541.62 $541.62 $601.00 $59.38 10-84252-060-02 WILDERNESS PARK 3RD $541.62 $541.62 $601.00 $59.38 10-84252-070-02 WILDERNESS PARK 3RD $541.62 $541.62 $601.00 $59.38 Summary for 'SA_NBR' = 1OP897 (83 detail records) Sum $44,954.46 $44,954.46 $49,883.00 $4,928.54 Friday, September 17, 2004 Page 3 of 3 f i 4280 Le en 428a d 3 NORTM * $ 541.62 / Lot Assessment SCALE 1"=200' 4288 Street Overlay 4276 14 - n OUTLOT A 4294 5 4314 4300 9 4312 10 6 4305 4304 1 1 t _ 7f t` 4316 7C / 43081' - 11 4313 - 431\ 2 J *to ~ 4322 4320 G O 4334 4321 16 3 9 4315 1 ` 4330 O13 15 * 4338 4329 4328 11 * I \ _ I 17 4 8 v .34326 14 4336 4335 4337 7C 7~ 4342 5 7 18 4325 / I 4346 44 43 Qy~ 4345 * 4343 * 6 19 6 O 6vl 13 4350 ✓ 20 4353 a 4352 4351 r 4350 4345 -i 7 5 1 7C w 5 7 4356 7C 21 4361-..- 4360 4359 O 4360 4363 V - *4 15 ~4 4364 22 4366 4367 4368 4391 4372 4365 5 i 4369 1. - 77CC 3 16 - 3 G 2 3 4375 i~k 10 - 6 Of / 374Q 4376 4375 1 4376 4379 t 4380 - - 7C 10 7C Il1 O 4 3 7 - - f 4383 4385 1165 1185 . L1145 11391 1 1125 7 < _ L 3 7C 7C 7~ l 1U !4384 11 1 I '11 25 i I V 7C j ,..i 4393 * 4392 12 - - - AQ ARi 6 S I 2 1172 1166 1160 1154 1148 1142 11136 1130 1124 43995, 4398 13 7C )c 14 15 16 17 16 19 20 1 2 * 1 . I Wilderness Run Road G:Assessments/WildernessPork_897 9/1/04 Wilderness Park 2nd & 3rd Additions Street Improvements - Assessment Map Fig.1 City of Eagan City Project 897 G/ Agenda Information Memo September 21, 2004 E. LOT 4, BLOCK 5, PINES EDGE 1sT ADDITION (539 WHITE PINE WAY) EASEMENT VACATION ACTION TO BE CONSIDERED: Continue the public hearing to consider the vacation of a portion of a public drainage and utility easement on Lot 4, Block 5, Pines Edge 1st Addition (539 White Pine Way) until October 19, 2004. FACTS: • On August 6, 2004, City staff received a petition from Christy Fodor, 539 White Pine Way, requesting the vacation of a portion of the existing drainage and utility easement on Lot 4, Block 5, Pines Edge 1St Addition, south of Red Pine Lane, east of Hwy 3. • The drainage and utility easement was originally dedicated as part of the Pines Edge I" Addition plat for storm water runoff purposes in the rear of the yard. • The purpose of the request is to vacate a portion of the easement to allow the construction of a swimming pool on the property. • The remaining portion of the existing drainage and utility easement would provide for the overland drainage from the adjacent properties. • Notices were published in the legal paper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. No comments or objections to the proposed vacation were received. • The petitioner has recently asked that the proposed vacation description be revised from the original request. In order for staff to adequately review the requested revision as well as notify the potentially impacted private utility companies, staff has suggested that the public hearing be continued for one month. The petitioner has consented to this additional review time. Agenda Information Memo September 21, 2004, Eagan City Council Meeting OLD BUSINESS A. RECONSIDER PRELIMINARY SUBDIVISION (EVERGREEN ENCLAVE) - EPIC DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve a Preliminary Subdivision (Evergreen Enclave) to create 7 lots and a 1.5 acre outlot on 7.7 acres for property located at 4195 Lexington Way South. REQUIRED VOTE FOR APPROVAL ➢ Majority of City Council Members present FACTS: ➢ At the regular City Council meeting on June 15, 2004, the Council approved a preliminary subdivision (Evergreen Enclave) to create 7 lots and parkland dedication of a 2.8 acres (as an outlot) in lieu of cash. ➢ The applicant has requested the Preliminary Subdivision be reconsidered in order to reduce the size of the outlot from 2.8 to 1.5 acres; the applicant has provided a narrative regarding the proposed modification (attached). ➢ The original application was for a Preliminary Subdivision to create 12 lots with four variances. ➢ The City Council directed the applicant to meet with the APrC and the APC to discuss issues that were raised by staff, and was directed to the June 15, 2004 meeting. The result of that workshop was the revised seven lot proposal. ➢ The APrC and APC recommended a cash parkland dedication. ATTACHMENTS (3): Applicant's narrative on papge 3. Approved Plat drawing on age Revised Plat drawing on page alpic DEVELOPMEN?, LLC MEMORANDUM To: Michael J. Ridley, AICP City Planner Vrom-, Rich Ragati of EPIC Development, LLC RE: .Evergreen Enclave Subdivision Michael: i am sending this memora.ndurd requesting to revise the'Preliminary Plat that was approved several weeks ago. All I am requesting is to reduce Outlot A from 2.8 acres to .1.5 acres. This is to give more perceived value to the two western most lots in the plat. The majority of this increased area would have a conservation easement over it and the rest of it would not allow the home to be built because of the contours not allowing gravity sanitary sewer to serve the home.'' My original site plan comprised 12 lots was reduced to 7 lots after the workshop session. This revised site plan was not considered a significant change and, thus, did not require going back'to Advisory Parks and Planning Commission. Reducing Outlot A from 2.8 acres to 1.5 acres is being considered a significant change. Rather than go at) the way back to Advisory Parks and Planning Commission, on a change that I deem insignificant, I would rattler just revise my Preliminary Plat. I look forward to revising my Preliminary Plat on September 21, 2004 under old business. Let me know if you need anything else and thanks for your help. Sincerely, y Rich Ragatz EPIC Development, LLC (612) 730-2814 . 344.1 St, Paul Avenue / Minneapolis, MN. 55414 / Otfia/Cell: 612.730.2614 / Home: 612.927.6588 / E!moil; rragofz@eorthilAnet . 7 3 . ao ~cv~l ~ ,us-au aul 1 n.at +~w •.+-•w rM oA FA . 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F_ 1111 S ~B 6 $ e~ °aE tszt.ws 113. 0 11 2I I ~f', r j I I I s E f~ $g SI gj .I 1 f I I R~ I -of?BES3s€ I I I° I 54 I I IJ ~I I x I # pP l; J NI O €,e€E3ta B9'GLL Lt'9Ll 5 J I d SL'[ri M,9L,GL.OON "Jjl S I ° I $ s o hl CV vs I fi I S I R:~a e.,m Y S 1 I 6 01- g o ji I - LJ s'$E 5 SF6 6° a jl~ I I 6$ 01~ 8§rp X06 og~ 19'9's9 I I d1 I ~s6-~. ~u.< 09205 M.9111,DON I 00'099 3 •9t to •911 'M-" I I I I Agenda Information Memo September 21, 2004, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDVISION (SYCAMORE PLACE) - EPIC DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 single family lots, for property located north of the dead end street of Sycamore Court in the SE 1/4 of Section 36; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) the proposed wetland replacement plan as presented. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • The subject site is vacant with four wetlands present. • The applicant is proposing to impact one of the wetlands by filling it. The applicant is meeting wetland replacement requirements. • The proposed cul-de-sac is 570 feet; City code allows 500 foot maximum, a variance is necessary. • As proposed the subdivision meets R-1 standards. • The APC held a public hearing on August 24, 2004 and is recommending approval. ISSUES: • Residents (Pines Edge 1St Addition) adjacent to the subject site have raised concerns regarding the proposed storm drainage and ponding system and its ability to handle a large rain event similar to that which occurred in July 2000. • The developers Engineer has designed the stormwater pond to the City's standard for storm water pond design is a 1% event (6" of rainfall in 24 hours). • Computer storm water modeling of the proposed storm drainage and ponding system, with a rain event similar to July 2000 (11" of rainfall in 24 hours). Even without a functioning outlet pipe, the proposed pond and wetland water level is expected to rise to elevation 951.4, or about 3 %2 feet below the lowest floor entry of the existing houses adjacent to the site. This elevation is within the public drainage & utility easement dedicated with the Pines Edge 1" Addition development. 120 DAY AGENCY ACTION DEADLINE • November 18, 2004 ATTACHMENTS (3)• ~b APC minutes on page 91 through Staff report on page through~1~9b Wetland Replacement Memo on page ~6 City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 3 B. PRELIMINARY SUBDIVISION - EPIC DEVELOPMENT A Preliminary Subdivision (Sycamore Place) of approximately six acres to create nine single family lots, located on the Eagan/Inver Grove Hieghts border at the north end of Sycamore Drive in the SE 1/4 of Section 36. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 17, 2004. She noted the background and history. Rich Ragatz, Epic Development stated the development has been amended from previous submittals that the APrC has reviewed, to nine lots with added wetlands. Chair Heyl opened the public hearing. Craig Murray 4812 Weston Hills Drive stated concern for storm water drainage, grading, traffic of trucks and safety of children, and the cul-de-sac variance. Deanne Parks, 4816 Weston Hills Drive stated concern for flooding on both her side of the street and the west side of the street. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder explained the wetland mitigation for this property and discussed the water height with and without an outlet. He discussed the skimmer structure connected to the drainage pipe on the west side of the property, and stated the drainage system has been successful in other parts of Eagan. Mr. Ragatz explained that the wetland mitigation is a two for one replacement. Chair Heyl inquired about the change from 23,000 cubic yards of fill to 17,000 cubic yards. Mr. Ragatz explained that the preliminary estimate was for 23,000 cubic yards of fill and has been refined to 17,000 cubic yards. He stated the hours of delivery can be restricted to decrease safety concerns. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Preliminary Subdivision (Sycamore Place) to create 9 single ?7 City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 4 family lots and a Variance of 70 feet to the cul-de-sac length of 500 feet, on property north of Sycamore Court subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, 2, 3, 4, C1, 2, 3, D1, and E1 1. The property shall be platted. 2. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 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. This development shall dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. . 5. The park and trail dedication shall be satisfied through a cash dedication. 6. The applicant shall fulfill required tree preservation mitigation through the installation of sixty-six (66) category A trees to be installed on site. 7. The applicant shall provide 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 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. 9. A minimum wet-pond volume of 0.53 acre-feet covering an area of 0.24 acres with a maximum depth of six feet is required. All voted in favor. Motion carried 7-0. ,14 7~ PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 2004 CASE: 36-PS-13-07-04 APPLICANT: Rich Ragatz HEARING DATE: August 24, 2004 PROPERTY OWNER: Carroll Estate APPLICATION DATE: July 20, 2004 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: North of Dead end of Sycamore Court COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 lots on property located north of the dead end street of Sycamore Court in the SE '/a of Section 36. 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. Planning Report - Sycamore Place August 24, 2004 ---.-Page 2_---- - - - - - _ D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). 7. 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 property is vacant and not platted. In December 2003, a similar application was submitted to subdivide the subject property into 14 single family lots. There were some discrepancies in the wetland delineation report, which then called for a Technical Evaluation Panel to discuss the issues. Once the proper wetland delineation was presented the applicant requested to use wetland banking credits, the Advisory Parks Commission was opposed to this proposal. The applicant later withdrew the application, prior to any public hearing or Council review. ~D Planning Report - Sycamore Place August 24, 2004 ----Page-3---- - - - EXISTING CONDITIONS The subject site is vacant and heavily wooded. There is a wetland on-site. Sycamore Court dead ends at the beginning of the subject property's south boundary. SURROUNDING USES The property is surrounded by single family uses and low density residential. The east side of the property borders Inver Grove Heights. EVALUATION OF REOUEST Compatibility with Surrounding Area - The subject property is zoned R-1 single Family Residential and Guided LD, Low density Residential, which is consistent with the proposal and surrounding land uses. Airport Noise Considerations - The subject property is not within the airport noise contours. Densit - The proposed subdivision creating 9 lots has a net density of 2.2 units/acre. The Low Density Comprehensive Plan designation allows 0-4 units/acre; this subdivision is consistent with the Comprehensive Plan. Lots - The proposed lots range from 12,586 square feet to 71,430 square feet. The R-1 single family district requires a minimum of 12,000 square feet and 85 feet width at the setback per lot; all lots comply with the lot area and width requirements. Setbacks - R-1, setbacks apply to all lots within this development. Front yard setback of 30 feet, side yard setback of 10 feet for the principal structure and five feet for accessory structures, and a rear yard setback of 15 feet for the principal structure and five feet for accessory structures. Grading - The preliminary grading plan is acceptable with modifications. The site is relatively flat and generally slopes to an existing wetland on the west edge of the property. The developer's engineer has indicated that approximately 17,000 cubic yards of fill will need to be imported to grade the site as proposed. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain overland and/or via storm sewer pipe to the existing wetland on site (Pond LP-27.5 as designated in the City Storm Water Management Plan - 1990). The developer proposes to excavate the wetland to create an improved ponding area for water quality and runoff control. This wetland is drained by an existing storm sewer pipe to the west, within the Pines Edge I" Addition. The developer should construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. Planning Report - Sycamore Place August 24, 2004 - ---Page 4-------------_ . _ . The existing storm outlet pipe was constructed at a nearly flat slope in conjunction with the development of Pines Edge Ist Addition to the west. The proposed modifications to the wetland (Pond LP 27.5) on site are designed to provide flood storage and protection for rainfall events consistent with current City standards (termed a I% event, 6 inches of rain in 24 hours). Additionally, the existing wetland along the north edge of the development will provide an emergency overflow for Pond LP-27.5, providing further storm storage in the event of rainfalls in excess of a I% rainfall, including an event similar to the July 2000 storm. Residents in the adjacent Pines Edge Addition development have raised concerns to City staff regarding the impact this development will have in potentially affecting the groundwater levels on their properties. Groundwater levels are mainly affected by long-term precipitation cycles (over months or years), not by surface or grading changes. While this development will alter the surface water runoff patterns of the property, it will not significantly affect groundwater levels in the area. Utilities- The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity is available for connection within the property. All existing well and septic systems on the site, if any, should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- Public street access for the development is proposed from the extension of the existing Sycamore Court stub street. Sycamore Court is proposed as a 570-foot long cul-de-sac. If approved, the cul-de-sac length is a variance to the City code maximum of 500 feet. Easements/ Permits/ Right-of-Way- This development should dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. Wetlands - The APrC has reviewed wetland replacement plans for previous versions of this proposed development. At the April 19th APrC meeting, the commission unanimously recommended denial, based on a desire for the developer to make a better effort to keep the replacement wetland area in Eagan. Prior to the City Council's scheduled May 18, 2004 decision on that plan, the developer formally withdrew his application. The developer has now filed a revised wetland replacement plan application for the project. In response to the commission's concerns, this plan has less wetland impacts than previously, and all of the replacement wetland area is proposed on-site. There are four wetlands totaling 1.24 acres on the parcel. The developer is proposing to impact up to 0.33 acre of this wetland area (14,518 square feet) by filling. A proposed 0.27 acre (11,662 square feet) of wetland excavation would help to create a stormwater pond to be constructed on the site, but State wetland conservation rules do not consider excavation of this type of wetland to be an impact that requires replacement. 0 a Planning Report - Sycamore Place August 24, 2004 ----Page-5----- - - - - - - - - To fulfill the required 2:1 replacement ratio, the developer proposes to replace the fill impact by: 1) restoring 0.53 acre (23,000 square feet) of historically filled wetland (factored at 25 percent for replacement credit purposes), 2) creating 0.28 acre (12,038 square feet) of new wetland area adjacent to existing wetland, and 3) creating at least 0.33 acre (14,518 square feet) of upland buffer area as "public value credit." The replacement plan includes a required five-year management and monitoring strategy, which would begin after completion of construction or until the Wetlands Technical Evaluation Panel is satisfied that replacement wetland is fully functional. The developer must submit annual monitoring reports to the City beginning the year after construction completion. Water Quality - This proposed 6.0-acre single-family subdivision is located at the upper edge of the City's L-watershed. Approximately 0.3 acres of the site will drain northeast to a small pond, which appears to have been created historically. The remaining portion of the site (approximately 5.7 acres), as well as about 0.6 acres of Pines Edge 1st Addition in Inver Grove Heights to the east, will drain west to City Pond LP-27.5, a shallow, natural wetland that is connected to the City's stormwater drainage system. 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 total impervious proportion of this proposed subdivision is approximately 28.5 percent. To meet water quality requirements, a minimum wet-pond volume of 0.53 acre-feet covering an area of 0.24 acres would be needed. The pond would have a maximum depth of six feet. The developer proposes to create adequate stormwater treatment volume by excavating the natural wetland on site. As mentioned previously, state wetland conservation rules do not consider excavation of this type of wetland to be an impact that requires replacement. Tree Preservation - A tree inventory submitted with this application indicates that there are two- hundred seven (207) significant trees in the inventory. The majority of the trees are silver maples; there are also oaks, box elder, elm, black cherry, cottonwood, and willow and ash trees present. The development as proposed will result in the removal of one-hundred forty-two (142) significant trees (68.6% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple- lot, single-unit residential) is set at 40% of the total significant trees. With a proposed removal more than the allowable amount, tree mitigation is required. The required tree mitigation calculates to sixty-six (66) Category A trees (or an equivalent combination of Category B and/or Category C trees). The applicant has submitted a Tree Replacement Plan that shows the installation of sixty-six (66) Category A trees. Parks and Recreation - A cash park and trail dedication is required with this development. l~ Planning Report - Sycamore Place August 24, 2004 -----Page_6 Advisory Park and Recreation Commission - The APrC recommended approval of the proposed plan at their August 18, 2004 meeting. SUMMARY/CONCLUSION The applicant is requesting to subdivide 6 acres to create 9 single family lots. The proposed lots meet the minimum R-1 standards. The proposed cul-de-sac is 570 feet, the City Code allows a maximum of 500 feet, a variance is necessary for the proposed cul-de-sac. Public utilities are readily available for this development. There are four wetlands totaling 1.24 acres on the parcel. The developer is proposing to impact up to 0.33 acre of this wetland area (14,518 square feet) by filling. To fulfill the required 2:1 replacement ratio, the developer proposes to replace the fill impact by: 1) restoring 0.53 acre (23,000 square feet) of historically filled wetland (factored at 25 percent for replacement credit purposes), 2) creating 0.28 acre (12,038 square feet) of new wetland area adjacent to existing wetland, and 3) creating at least 0.33 acre (14,518 square feet) of upland buffer area as "public value credit." A tree inventory submitted with this application indicates that there are two-hundred seven (207) significant trees in the inventory. The development as proposed will result in the removal of one- hundred forty-two (142) significant trees (68.6% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, single-unit residential) is set at 40% of the total significant trees. Tree mitigation is required. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Sycamore Place) to create 9 single family lots and a Variance of 70 feet to the cul-de-sac length of 500 feet, on property north of Sycamore Court; subject to the following conditions: If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, 2, 3, 4, C1, 2, 3, D1, and E1 1. The property shall be platted. 2. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 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. This development shall dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. Planning Report - Sycamore Place August 24, 2004 5. The park and trail dedication shall be satisfied through a cash dedication. 6. The applicant shall fulfill required tree preservation mitigation through the installation of sixty-six (66) category A trees to be installed on site. 7. The applicant shall provide 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 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. 9. A minimum wet-pond volume of 0.53 acre-feet covering an area of 0.24 acres with a maximum depth of six feet is required. STANDARD CONDITIONS OF PLAT APPROVAL A- Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. U C~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 ITSOS STANDARD.CON FINANCIAL OBLIGATION-Sycamore Place- Preliminary Subdivision There are pay-off balances of special assessments totaling $6,247 on the parcel proposed to be subdivided. 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 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. $1,000/Lot 9 Lots $9,000 Water Trunk S.F. 1,040/Lot 9 Lots 9,360 Storm Sewer Trunk S.F. .095/Sq. Ft. 126,383 Sq. Ft. 12,006 Total $30,366 U Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint ~ ~x A A Off" ,ua'°~ ~ I 1~~.~" \ • ~r0 ~ s• ~ 1 cu 0 Maas r, i [ 0 7~c9~ 9 9 Qv i/ I\ 1 a F$ d ~ ~ i o~ a,,` r a s 0 ~ r ®54 ~ I D B~ B d w g F a; a 76 ro ~ ~ W ra ® Subject Site ,rte o si,®® N N r 4e q ® < e I E3 -o 16 i m S Q - o s E3 5 t~ J 1000 0 1000 20DO Feet Development/Developer. Sycamore Place Application: Perliminary Subdivision Case No.: 36-PS-13-07-04 Map Prepared using ERSI Arcview 3.1. Parcel base map data provided N by Dakota County Ofee of GIS and Is Current as of January 2004. Clt CF eQ nn ( THIS MAP 1 INTENDED FOR REFERENCE USE ONLY W E v The City of Eagan and Dakota uM-P-1- guarantee the accuracy of this information and are 5 Community Development Department not for errors or omissions. Current Zoning and Comprehensive Guide Plan Sycamore Puce Land Use Map Case No. 36-PS-13-07-04 Zoning Map D, -1 Current Zoning: R-i -1 R-1 Single Family Residential R•i PF VB 1-1 600 e coo 1200 F.0 _ T Comprehensive Guide Plan=p0 Land Use Map gD~ D ~ro L Current Land Use Designation: LO LD Low Density Residential QP IND P 600 0 600 1200 F..t e~--F---6 F-1 bas. map iniormstl- pr-ldadby D.W. County Land Sw y Departmed June 2003. N 2odng Inlormation maintained byCity StatC City of Eagan E THIS MAP IS D FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota o not guarantee the accuracy of this information. 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LLJ ~ _ I 1. l::k•.'S:~l::: r-:. .~r% ,Z.;•;.'• F:;;ti: I I 1 ~ y.. / ;may,,`~ C C I r I I / _ I ~~1 t•:~ 1: .Y ryrtitir:+.C+:l t;v"~:..:~ ~ •:ti..•: •::ti[ r~N~'~ ! I 3 I j__ \ ~:1:.1•:~ ll.; i:;;T:. 1::.::::::71. ?I. I co .1:::~• 1 1 i r! 1 , I I I _a L_ --1 ~l i _ J %Q Y y 3Ate~ S-n. NaH_:.. , i 1 _ I I I~? I I I; ;i I I;=m~ I II 11 I I I IsJi I I„i 11 1 I 1 PRELIlIIINNARY SUBDIVISION SUBM I TA.L Preliminary Subdivision Plan: 1. Proposed subdivision name is Sycamore Place, vicinity map see attached map for details. Owner: Estate of Jacob Carroll (Yolonda Carroll Gibbs, PR) P.O. Box 16653 Chicago, IL 60616 (630) 660-2897 Developer: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730-2814 Surveyor/ Engineer: Randy Hedlund Hedlund Engineering 2005 Pin Oak Drive Eagan, MN 55122 (651) 405-6600 Contact Person: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue M'mneapolis, MN 55416 (612) 730-2814 Preparation Date: July 20, 2004 2. See plan for benchmark, proposed subdivision boundary line is the entire site; see plan for lot boundaries, and 9 low-density single-family lots are proposed. See preliminary subdivision plan for details. 3. The site is comprised of one tax parcel: See site survey for dimensions. The site will consist of one cul-de-sac with 9 lots all on one block. 4. Sycamore Court is the proposed name of the street/ cul-de-sac with the right of way being 50 feet for the street and 110 for the cul-de-sac. 5. The site has a 40-foot easement for sanitary sewer and water that angles through the northerly one-third of the site. 6. Due to the relatively small size of the site and the location, dedicating land for a park does not make sense. As a result, a cash payment is planned. 7. The minimum building setback lines will be: 30 foot front yard, 10 foot side yard (house side), 5 foot side yard (garage side), 15 foot rear yard. The width at minimum front yard setback will be 85 feet. 4~ C:carrollprelimsubeagan.0 RECEIVED JUL 2 0 2004 !Al 8. Subdivision summary: See Preliminary Plat Plan for details. Total Site Area: 261,342 sq. ft. or 6.00 acres Right-of-Way Area: see Site Plan for details Wetland Area: 54,014 sq. ft. or 1.24 acres Net Area: see Site Plan for details Total Number of Lots: 9 Net Density: see Site Plan for details 9. Right-of-Way area will be just for the extension of the road and cul-de-sac. The ponding easement area will be located along the western portion of the site between proposed lots #2 and #3. It should be noted that the pond has been over-sized to store storm water over and above the required capacity to help prevent potential flooding of neighboring properties. See Drainage Plan for details. Due to the size of the subject site and its location, there will be no parkland area. Existing Conditions Plan: 1. The subject site does not currently have any streets, however, access is available off the current dead-end of Sycamore Court. 2. The site is encumbered with a 40-foot easement for sanitary sewer and water that angles across the northerly one-third of the site. 3. The site is currently a vacant wooded site with no existing structures. 4. A good portion of the site is wooded. Will try and preserve as many mature trees as possible. See Existing Conditions Plan and legend for details. 5. The site does not have any water bodies. Four wetland basins are present on- site comprised of 1.24 acres (See Petersen Environmental reported handed in previously). The largest basin is comprised of .65 acres that is located just south of the midpoint of the western elevation of the site. This wetland is adjacent to the culvert that was supposed to drain the site, however, due to the culvert elevation and other circumstances, the culvert actually does the reverse and drains to the site. This is a problem that needs to be solved so that the site does not get flooded during storms. We are solving this by over-sizing the pond and raising the site elevation. Preliminary Site Layout: 1. Boundary lines of property with dimensions and area are on the Preliminary Site Layout. 2. Minimum building setbacks are all per the code. See Preliminary Site Layout for details. 3. The site is a proposed low-density single-family development comprised of 9 high quality single-family homes with finished square footages of 2,500 square feet or more. C:carrollprelimsubeagan.v3 4. There are no on-site streets. The only adjacent street is the current dead-end of Sycamore Court with a road and right of way of 50 feet. 5. The only easement on-site is a 40-foot sanitary sewer and water easement that angles across the northerly one-third of the site. 6. Parking areas will consist of on-street parking and the driveways of the single- family homes. 7. The total site area is comprised of 261,342 square feet or 6.0 acres. 8. See plan for the total green space area. 9. See plan for the total impervious surface area. 10. The site will not have any sidewalks or trails. 11. The site will not have any monument signage. 12. The site will have the typical exterior lighting. 13. The site will not have a fence or retaining wall. 14. Garbage and recyclable containers will be kept in the single-family garages. 15. Exterior air-conditioning units will be ground mounted along the sides of the homes. Preliminary Grading/Drainage/Erosion Control Plans 1. See Plan for detailed existing and proposed contour lines. 2. See Plan for details. 3. The site contains four wetland basins comprised of a total of 1.24 acres. 4. See Plan for details. 5. See Plan for details. 6. See Tree Preservation Plan for details. 7. See Existing Conditions Plan and the ALTA topographic survey for details. 8. See Plan for details. Preliminary Utility & Street Plan 1. There will be one street on the subject property that will end in a cul-de-sac. This street will be an extension of the current dead-end of Sycamore Court with a right-of-way of 50 feet for the street and 110 feet for the cul-de-sac. 2. See plan for existing utilities. 3. See plan for the proposed utilities. Park Dedication: C:carrollprelimsubeagan.v3 1. Due to the relatively small size of the site and its location along the border of Eagan and Inver Grove Heights, dedicating actual parkland is not considered appropriate. As a result, a cash contribution is planned. Tree Preservation Plan: 1. See Tree Preservation Plan for details. All tree mitigation will be planted on- site with the majority planted to buffer adjacent existing homes. Water Quality Requirements: 1. See handout for details. Wetlands Inventory/Replacement Plan: 1. There are four wetland basins comprised of 1.24 acres on the site (see Wetland Delineation Report by Petersen Environmental for details). All of the wetland mitigation is being done on-site via new wetlands or enhancement of existing low quality wetlands. There will be no net loss of wetlands, in fact, there will be an increase in the total area of wetlands and in the overall quality. C:carrollprelimsubeagan.0 /O MEMO city of eagan TO: MIKE RIDLEY, CITY PLANNER FROM: ERIC MACBETH, WATER RESOURCES COORDINATOR CC: JON HOHENSTEIN, DIRECTOR OF COMMUNITY DEVELOPMENT CHERRYL MESKO, PARKS OFFICE SUPERVISOR DATE: SEPTEMBER 14, 2004 SUBJECT: SYCAMORE PLACE WETLAND REPLACEMENT PLAN COMMENTS AND RECOMMENDATIONS As you may recall, the 30-day public comment period for the proposed wetland replacement plan ended at 4:30 p.m. on September 10, 2004. I did not receive any comments on the proposal by the deadline. At its August 16 regular public meeting, the Advisory Parks Commission unanimously adopted a recommendation to the Council to approve the replacement plan, contingent on public comments received by September 10, 2004. MEMO s,. city of eagan TO: MIKE RIDLEY, CITY PLANNER FROM: ERIC MACBETH, WATER RESOURCES COORDINATOR CC: JON HOHENSTEIN, DIRECTOR OF COMMUNITY DEVELOPMENT CHERRYL MESKO, PARKS OFFICE SUPERVISOR DATE: SEPTEMBER 17, 2004 SUBJECT: SYCAMORE PLACE WETLAND REPLACEMENT PLAN COMMENTS AND RECOMMENDATIONS As you may recall, the 30-day public comment period for the proposed wetland replacement plan ended at 4:30 p.m. on September 10, 2004. I did not receive any comments on the proposal by the deadline. At its August 16 regular public meeting, the Advisory Parks Commission unanimously adopted a recommendation to the Council to approve the replacement plan, contingent on public comments received by September 10, 2004. Agenda Information Memo September 21, 2004 Eagan City Council Meeting B. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - CLUBVIEW ADDITION (MAX STEININGER) ACTIONS TO BE CONSIDERED: To approve (or direct findings of fact for denial) a Rezoning of five acres from A, Agriculture to PD Planned Development for property located at 3070 Lexington Avenue. To approve (or direct findings of fact for denial) a Preliminary Planned Development to allow an office on one lot, a contractor's yard and residential use on the other lot, and to enter into a sunset agreement to allow the continued residential use for property located at 3070 Lexington Avenue; subject to the conditions in the APC minutes. To approve (or direct findings of fact for denial) a Preliminary Subdivision (Clubview Addition) of 5 acres to create 2 lots for property located at 3070 Lexington Avenue; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL • Majority of Council members present FACTS: • The site is currently one 5 acre unplatted parcel containing a single family residence, a contactor's yard and a utility/office building that has been in operation since 1968. • The applicant is proposing to maintain these uses and add new office building to new Lot 1 with the intention of creating a "sunset" agreement covering the existing home on proposed Lot 2. • The "sunset" agreement would be part of the Planned Development agreement and would allow the single family residence and contractor's yard to remain on-site until the current owner Max Steininger and/or his wife no longer reside at the property. • Once neither Mr. or Mrs. Steininger reside in the home, the property will come into compliance with the I-1, Limited Industrial standards, which will require the removal of the single family residence. • A public hearing was held at the August 24, 2004 Advisory Planning Commission meeting where they recommended approval. ISSUES: • Access to proposed lot 1 is from a private service drive in the northwest corner of the site, which is the fourth leg of the signalized intersection of Lexington Avenue (County Road 43) and Clubview Drive. The proposed service drive to Lot 1 originally submitted was directly adjacent to the west property line in an attempt to avoid several significant trees in the northwest corner of the site. A • On August 24, the City received a letter from the Dakota County Plat Commission regarding this development. The Plat Commission expressed concerns about the proximity of the proposed service drive for Lot 1 to the Lexington/ Clubview signalized intersection. The Plat Commission would not approve the plat with the site plan as submitted due to their concerns about the safe and efficient operation of the signal given the proposed location of the service drive. • Also on August 24, the Advisory Planning Commission approved the Clubview Addition preliminary subdivision, conditioned upon satisfactory resolution of the access issue with City staff and Dakota County. • On September 14, City staff met with the developer and County staff to discuss options for access to the development. County staff indicated that the Plat Commission would approve the preliminary subdivision if the following conditions were met: A)The service drive is revised to allow an adequate turning radius for entering large passenger vehicle traffic from Lexington Avenue, B)Traffic on the service drive to Lot 1 is limited passenger vehicles only, and, C)The service drive to Lot is reconfigured with any future development (subject to City and County approval) to provide adequate circulation and queuing appropriate for that development. On Monday, September 20, the Plat Commission will formally re-consider this preliminary subdivision and these conditions. • The developer has revised the service drive location (as shown on the attached revised site plan), and has indicated that the traffic on the service drive will be limited to passenger vehicles only. Lot 2 vehicles will continue to utilize the service drive to the east and north side of the site. • A provision within the "sunset" agreement and/or the planned development agreement should be provided to cover the reconfiguration of access to Lot 1 with any future development within Clubview Addition. The future reconfiguration should be subject to the review and approval of the City and Dakota County. This provision should be a condition of approval for the preliminary subdivision. • With the revised site plan, the location of the access drive and parking lot still does not meet the 20-foot setback from public right-of-way as required by City code. 120 Agency Action Deadline • December 2, 2004 - staff extended 60 day deadline ATTACHMENTS (3): Advisory Planning Commission Minutes ages/06-/~g Staff report on pages 10 through Revised Site Plan dated 09-16-04 on page Ad7 City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 5 C. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - MAX STEININGER, INC. A Rezoning of approximately five acres from A, Agriculture to PD, Planned Development, a Preliminary Subdivision (Clubview Addition) to create two lots and a Preliminary Planned Development to allow an existing home, contractors yard and a new office building, located at 3070 Lexington Avenue in the NW 1/4 of Section 11. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 17, 2004. She noted the background and history. Applicant representative Rollin Crawford discussed the letter from Dakota County received today, with the subject of access. He also discussed tree loss and additional screening. 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 complimented the Sunset Agreement. She stated this proposal would work, however she would like to add a condition addressing access to the site. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Rezoning of 5 acres from Agriculture to PD, Planned Development, for property located at 3070 Lexington Avenue. All voted in favor. Motion carried' 7-0. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Preliminary Subdivision (Clubview Addition) to create 2 parcels, containing an existing single family home and contractor's yard and a lot for new development of an office building, for property located at 3070 Lexington Avenue 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: Al, 131, 4, C1, 2, 4, D1, and E1 1. The property shall be platted. 2. This development shall dedicate restricted access to Dakota County along the entire west edge of the plat adjacent to Lexington Avenue, except in the area of the intersection of Clubview Drive. 1,~96 City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 6 3. This development shall dedicate public right-of-way along Lexington Avenue as required by Dakota County. 4. The developer shall dedicate private ingress/ egress easement across Lot 2 over the private service drive providing for access to Lot 1, in a form acceptable to the City Attorney, City Staff, and County Plat Commission. 5. Park and trail dedication shall be satisfied through a cash dedication. 6. Tree preservation issues for Clubview Addition will be addressed at the time of building permit application. 7. An on-site pond should be constructed to treat runoff from an assumed 75 percent eventual impervious cover of the parcel (Lots 1 and 2). The pond should have a minimum wet-storage volume of 0.72 acre-feet and surface area of 0.29 acres. The pond should have a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL, and the side slopes below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. Outlet structures must meet City design standards. All voted in favor. Motion carried 7-0. Member Hansen moved, Member Chavez seconded a motion to recommend approval of a Preliminary Planned Development to allow an existing single family residence and contractor's yard to continue as is and development of an office building on Lot 1, for property located at 3070 Lexington Avenue subject to the following conditions as amended: 1. The applicant shall enter into a Preliminary Planned Development Agreement with,the City that shall be recorded at the Dakota County Recorder's Office. 2. As part of the "sunset" agreement, once neither Mr. aRd/or Mrs. Steininger no longer essuPy live in. the home, the existing house shall be removed,-. Existing buildings and any new development on Lot 2, ha4 connect to the City sanitary sewer system, any well and septic shall be abandoned according to Dakota County standards, at that time. 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 Landscape Plan • Final Lighting Plan • Final Signage Plan 4. The developer shall construct 23 parking stalls and designate "proof of parking" stalls on Lot 1. If parking issues arise the proof of parking stalls shall be constructed. 5. Trash/recycling shall be stored indoors or in an enclosure attached to the office building and constructed of materials that match the principal building. A~ City of Eagan Advisory Planning Commission Meeting Minutes August 24, 2004 Page 7 6. Lot 1 is allowed a monument sign not to exceed seven feet in height and 40 square feet in area. 7. Outdoor storage in the contractor's yard shall be limited to 60 pieces of excavation equipment with buckets, attachments and related equipment. 30 trucks, trailers, pickups and related equipment. And construction supplies including pipes, steel members, lumber and related materials. 8. The applicant shall submit a Site Plan for Lot 2 depicting the location and type of materials/equipment to be stored outdoors. All voted in favor. Motion carried 7-0. /~U PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 2004 CASE: 11-PS-16-08-03 APPLICANT: Max Steininger HEARING DATE: August 24, 2004 PROPERTY OWNER: Same APPLICATION DATE: August 4, 2004 REQUEST: Rezoning, Preliminary Subdivision Preliminary Planned Development, Final Planned Development PREPARED BY: Sheila Cartney LOCATION: 3070 Lexington Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from Agriculture to Planned Development, a Preliminary Subdivision (Clubview Addition) of five acres to create two lots and a Preliminary Planned Development to allow an existing single family residence and contractor's yard to continue as is and development of an office building, for property located at 3070 Lexington Avenue in the northwest I/4 of Section 11. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Preliminary Subdivision: ~D / Planning Report - Clubview Addition August 24, 2004 Page 2 City Code Section 13.20 Subd. 6 states that "in the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to //D Planning Report - Clubview Addition August 24, 2004 Page 3 maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The subject site contains an existing single family home and an existing contractor's yard, the lot is not platted. The contractor's yard has been operating at this location for the past 36 years; no complaints have been filed with the city regarding this operation. EXISTING CONDITIONS The site functions as a residence and active contractor's yard. The residence is screened from Lexington Avenue by significant trees. The equipment and materials for the contractor's yard is stored outdoors onsite. SURROUNDING USES The subject site is surrounded by industrial uses, zoned and guided for industrial. EVALUATION OF REOUEST 1. 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. Planning Report - Clubview Addition August 24, 2004 Page 4 Proposal - The applicant's proposal is not a typical industrial proposal, the proposal is unique and creative in working towards bringing a non-compliant lot into compliance. The applicant is proposing a new office development that will conform to I-1, Limited Industrial standards. The second part of the proposal includes an existing single family residence and contractor's yard; while the residence would not conform to 1-1 standards, a contractor's yard is permitted via Conditional Use Permit. The applicant is proposing to enter into a "sunset" agreement with the City in order to continue the use of the single family residence and contractor's yard. The purpose of the agreement is to allow Mr. and Mrs. Max Steininger to live in the existing house and operate the contractor's yard. The applicant is proposing an agreement that would be valid as long as Mr. or Mrs. Steininger own the property and one or both of them remain living there. Staff suggests that once Mr. and/or Mrs. Steininger no longer occupy the residence the site would be required to conform to Limited Industrial standards including removal of the house. The applicant's believe the "approach will allow the Steininger's to remain in their longtime residence while still providing a route to ensure the property becomes conforming." Bulk Standards - as a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the 1-l, Limited Industrial zoning district minimum and maximum standards. Setbacks - The table below indicates the proposed setbacks for the proposed office building and existing contractor's yard and the I-1 standards. Setback requirements are not established in a Planned Development zoning; however, the developer is proposing some deviations from the I-1 standards, future redevelopment could meet the I-1 standards. City policy makers should determine the suitability of the request. Setback Pro osed Office Ordinance Proposed Front yard : Lexington Ave 50 feet 50 feet Side yard: 20 feet 20 feet Rear yard: 20 feet 63 feet The existing office/repair building does not meet the side yard setback of 20 feet to the south (18') and to the west is (5'). It is anticipated that this building will be removed upon redevelopment of the site. Building Coverage - The I-1 district allows a maximum of 35 percent building coverage. The proposed office building coverage is about 19 percent. The existing home and contractor's yard buildings have about 4 percent building coverage. Any new development is expected to meet this requirement. Building Height - Building height is limited to 40 feet. All buildings are expected to meet this requirement and should be included in the Final Planned Development. Planning Report - Clubview Addition August 24, 2004 Page 5 Landscaping - A landscape plan was not submitted at the time of application. A landscape plan for the new office building is required for Final Planned Development. Parkin - Since new development is only proposed for Lot 1, parking was not reviewed for Lot 2. The required parking setback from Lexington Avenue is 20 feet the proposed plan indicates a 10 foot setback for the parking lot and a 0 foot setback for the private drive aisle in order to save a 100+ year oak. Based on 4,880 square feet of office space, thirty two parking spaces are required. The site plan indicates there are 23 parking stalls provided, with 14 proof of parking. If parking becomes an issue, the proof of parking will be implemented. Trash Enclosure - A trash enclosure was not identified with the site plan. If the trash is not stored inside an enclosure will be required, the materials should match the building. Exterior Materials - The proposed office building will be brick, decorative concrete masonary units, stucco walls, prefinished metal facia and an architectural grade asphalt shingle roof. Architectural drawings will be required with the Final Planned Development. Lighting - A lighting plan was not submitted, as part of the Final Planned Development a lighting plan should be submitted for the new office building. No light should reflect onto adjacent property or public right-of-way. Si gnage - One sign is proposed for the new office site. The sign is a monument sign that will have a masonary base to match the building. The sign will be less than seven feet tall and no larger than 40 square feet and will identify the buisiness(es) within the building. The sign is consistent with the sign ordinance. Contractor's Yard - Since 1968 a contractor's yard has been functioning at this location. A contractor's yard is allowed in the I-1 district by Conditional Use Pen-nit. The applicant is proposing to continue the use of the contractor's yard as part of the Planned Development, therefore not requiring a Conditional Use Permit. The yard is mainly used for parking/storing excavation equipment. The yard is covered with compacted recycled bituminous paving; it provides a hard low dust surface. Bituminous paving is not a suitable material due to the type of equipment stored. The storage/parking of excavation equipment would be in the southeast corner of Lot 2 and would be present mostly in the off-season months. According to the applicant's narrative, there would be up to 60 pieces of excavation equipment with their buckets, attachments and related equipment. There would be up to 30 trucks, trailers, pickups with related equipment, pipes, steel members, lumber and related material. Staff suggests the applicant supply a Site Plan for Lot 2 identify the location and type of material/equipment to be stored outdoors. The yard will be screened from Lexington Avenue by the new office building and by existing trees and 113 Planning Report - Clubview Addition August 24, 2004 Page 6 landscaping. It is anticipated that when the sunset expires the contractor's yard will be redeveloped. II. Preliminary Subdivision Compatibility with Surrounding Area - Rezoning the property from Agriculture to I-1 Limited Industrial is not only compatible with the surrounding area; it is also compatible with the Comprehensive Guide Plan. Office use and a contractor's yard are both allowed uses in the I-1 zone. The use of the single family residence may not be compatible with the area; it is presented as a temporary use. Lots - The proposed subdivision creates two lots. Lot one will be 31,742 square feet and will contain the new office. Lot two will be 164,275 square feet and will contain the existing house and contractor's yard. The minimum lot area for the I-1 zoning district is 0.5 acres (21,780 square feet), both lots meet this requirement. Gradin - The preliminary grading plan is acceptable. The existing site is relatively flat with elevations ranging from approximately 866 to 880. Storm Drainage - The preliminary storm drainage plan is acceptable. A majority of the storm water runoff from the development is proposed to drain via storm sewer to a new storm pond in the northeast corner of the site, adjacent to an existing storm pond built with the Lexington Commons development to the north. Wetlands/Water Quality - This parcel is located in Drainage District "E," which drains to the east toward Thresher Fields Park. Because of the parcel's size, on-site water quality treatment of runoff would be required. The developer is proposing to construct a pond that will address water quality requirements for both lots of the subdivision, even though only Lot 1 is proposed to be developed at this time. Factoring the same percent impervious cover for Lot 2 as is proposed for Lot 1 (approximately 75 percent), the treatment pond would need the following minimum dimensions: wet-storage volume of 0.72 acre-feet and surface area of 0.29 acres. The pond would need a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL, and the side slopes below the aquatic bench would be at a 3:1 slope to a maximum depth of 10 feet. Outlet structures must meet City design standards. If future development of Lot 2 exceeds the assumed 75 percent impervious cover, the volume of the treatment pond may need to be expanded. There are no jurisdictional wetlands associated with this development. Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main of sufficient size and capacity are available from stubs extended into the site. The new 'building proposed on Lot 1 will be connected to the City utility system. The existing house and Planning Report - Clubview Addition August 24, 2004 Page 7 buildings on Lot 2 are served by a private septic system and not currently connected to the City sanitary sewer system. As part of the "sunset" agreement, the existing house and buildings, and any new development on Lot 2, should connect to the City sanitary sewer system upon transfer of ownership of Lot 2. Streets/ Access/ Circulation - Public street access is available for the entire site from the signalized intersection of Lexington Avenue (County Road 43) and Clubview Drive, in the northwest corner of the site. Two service drives extending from this intersection are proposed to serve Lots 1 and 2. The service drive to Lot 1 does not meet the 20-foot setback from public right-of-way as required by City code. The developer has indicated that the deviation is requested to avoid disturbance of significant trees in the northwest corner of the site. As part of a Planned Development the setbacks can vary. This development should dedicate restricted access to Dakota County along the entire west edge of the plat adjacent to Lexington Avenue, except in the area of the intersection of Clubview Drive. Easements/ Permits/ Ri t-of-Wqy - This development should dedicate public right-of-way along Lexington Avenue as required by Dakota County. The developer should dedicate private ingress/ egress easement across Lot 2 over the private service drive providing for access to Lot 1, in a form acceptable to the City Attorney. Tree Preservation - Tree preservation issues for Clubview Addition will be addressed at the time of building permit application. Parks and Recreation - This site is subject for a cash park and trail dedication. SUMMARY/CONCLUSION The applicant is requesting a rezoning from Agriculture to Planned Development, a Preliminary Subdivision to create 2 lots and a Preliminary Planned Development to allow new construction of an office building and to allow a single family residence and contractor's yard on Lot 2. The sit is currently one 5 acre unplatted parcel containing a single family residence and a contactor's yard that has been in operation since 1968. The applicant is proposing to maintain these uses and add an office building to new Lot 1 with the intention of creating a "sunset" agreement. The "sunset" agreement would be part of the Planned Development agreement and would allow the single family residence and contractor's yard to remain on-site until the current owner Max Steininger and/or his wife no longer live or own the property. Once ownership changes the property is expected to come into compliance with the I-l, Limited Industrial standards, which would require the removal of the single family residence. 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. It is up to City policy makers to determine the suitability of the proposal. The Planning Report - Clubview Addition August 24, 2004 Page 8 majority of the I-1 standards are met with this proposal, the existing building has setback deviations and the new parking lot and private drive aisle also have setback deviations. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of 5 acres from Agriculture to PD, Planned Development, for property located at 3070 Lexington Avenue. To recommend approval of a Preliminary Subdivision (Clubview Addition) to create 2 parcels, containing an existing single family home and contractor's yard and a lot for new development of an office building, for property located at 3070 Lexington Avenue; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 4, Cl, 2, 4, D1, and E1 1. The property shall be platted. 2. This development shall dedicate restricted access to Dakota County along the entire west edge of the plat adjacent to Lexington Avenue, except in the area of the intersection of Clubview Drive. 3. This development shall dedicate public right-of-way along Lexington Avenue as required by Dakota County. 4. The developer shall dedicate private ingress/ egress easement across Lot 2 over the private service drive providing for access to Lot 1, in a form acceptable to the City Attorney. 5. Park and trail dedication shall be satisfied through a cash dedication. 6. Tree preservation issues for Clubview Addition will be addressed at the time of building permit application. 7. An on-site pond should be constructed to treat runoff from an assumed 75 percent eventual impervious cover of the parcel (Lots 1 and 2). The pond should have a minimum wet-storage volume of 0.72 acre-feet and surface area of 0.29 acres. The pond should have a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NVJL, and the side slopes below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. Outlet structures must meet City design standards. To recommend approval of a Preliminary Planned Development to allow to an existing single family residence and contractor's yard to continue as is and development of an office building on Lot 1, for property located at 3070 Lexington Avenue. Subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. As part of the "sunset" agreement, once Mr. and/or Mrs. Steininger no longer occupy the home, the existing house shall be removed, existing buildings and any new development on Lot 2, shall connect to the City sanitary sewer system, any well and septic shall be abandoned according to Dakota County standards, at that time. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: Planning Report - Clubview Addition August 24, 2004 Page 9 • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 4. The developer shall construct 23 parking stalls and designate "proof of parking" stalls on Lot 1. If parking issues arise the proof of parking stalls shall be constructed. 5. Trash/recycling shall be stored indoors or in an enclosure attached to the office building and constructed of materials that match the principal building. 6. Lot 1 is allowed a monument sign not to exceed seven feet in height and 40 square feet in area. 7. Outdoor storage in the contractor's yard shall be limited to 60 pieces of excavation equipment with buckets, attachments and related equipment. 30 trucks, trailers, pickups and related equipment. And construction supplies including pipes, steel members, lumber and related materials. 8. The applicant shall submit a Site Plan for Lot 2 depicting the location and type of materials/equipment to be stored outdoors. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /V 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a. City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANOARO.CON g FINANCIAL OBLIGATION-Clubview Addition Preliminary Subdivision There are pay-off balances of special assessments totaling $55,944 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk (1) C/I $.0475/Sq. Ft. 184,875 Sq. Ft. $8,782 WAC (1) C/I 3,415/Ac 4.24 Ac 14,480 Water Lateral C/I 6.45/F.F. 435 F.F. 2,806 Sanitary Sewer Lateral C/I 24.85/F.F. 90 F.F. 2,236 Sewer Stub C/I 1,380/Stub 1 Stub 1,380 Total $29,684 (1) Charge will be adjusted when easement area for storm sewer pond is known. Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint i • / ..n a 1l f I ®r -I- ~ I E L " /I a Subject Site 3 El xS( r 8 ~e - ire a' . • k r d.© 1 -T7-7 4. q ' ! i " ~~~~----1111 - •~'1 ~ i 21 Orr % , ~ s 1 7.1: M1000 0 1000 2000 Feet Development/Developer. Max Steininger Application: Rezoning, Preliminary Subdivision, CUP Case No.: 11-RZ-13-08-03 am~ Map Prepared using ERSI McVlsw 3.1. Parcel bass rnap data provided N by Dakota County Office of CIS and Is current as of June 2003. ~r THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of eac~an The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Current Zoning and Comprehensive Guide Plan Clubview Addition Land Use Map Case No. 11-PS-16-08-03 Zoning Map I-1 PF T Current Zoning: I-1 Location 12 1 pg PD Agriculture 1-1 A 1-1 I-1 1-1 1-i 600 0 Go0 1200 Feet Comprehensive Guide Plan Land Use Map IND RC OP IND ND Current Land Use Designation: BP 1 IND SP Location IND Limited Industrial IND IND IND 600 o Goo 1200 feet Parcel bass map informatlo ro ota my Land Survey Departmeit Jame 2003. N Zoning Informatlon maintained byCity StafL City of Eagan W E THIS MAP Is INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S •V. ' .\mn.ouaV... -.W.. an\..un.. M.nerWa..M . M2 MRm q/a/Iro. C N LEXIN6rON AVENUE _ • © I I I I q V I { v I I p?fl+€ rv 9 Ll O ® 0 f A I 0 3 T ° rKe~M ~ ~ ~ N I P '}j I Cn ~ ~ I I ~ ~ ~ I rTl tgtt3. rr1 r I 9 oil I y v k ~~r i i X t CH GO Cr 3 i ° (n 4 can p g n Max Stelninger Incorporated g New Office Building DD01 E.9-. o g g Y a 9 ~yiy h - j~ O t1 C N U + I c= 11 U ~"~•-Z-~~ to (V E )o g R i ~ ~ ¢~~~3aaa~~ z 0 S 3 kk INN }E J ' t:♦ rr s3 a s ~ J t 'y ; ~ :qF• 'aFais ass 0 J 2{ . z .a g a~ 3RN3AV N010N1X37 , e J. .n. 5t J: M,. A JI..... . =S {y lit ~ ~ ~ ~ 00000 oa p 3 V 3 f-z-~ s33i 'a a P a 8( ' oil a 2 M-F c Lu e its a3 N cy" F; I c . oww" . "3.:I:':i: i...'x :i j:.;•: r:.•.•.•.•.•.•:••: y. . ::i::::1:: R : r4:.t•. . . Z--.-.---.---.-.-.----'-'-*-'-*.*::-*-'-'-'-*-'-'-*.,.. I: r.:g 1.... :':':':':':':':':':•:•:•::'::•d : RJILN . • 4•.•.J 1 J:.'..4: m m i• 1•. 4 i s .J. •J.•:..•.,. l0 C .•J:::.•:: r to 7 ry h JJ n ~ 1•. r r. :•.1 x C C m Ta 3 : i::::::.:.•:::•:::# ::z Q m t :.t•::l : J . > t7 m m m + _ i• :L'.. J~ Q 1.•. •.'::.'.'.'.'.'......•...'r.'.••:.•Lt•. - ..L .'.Yr,-r r'fYrWi • • .W.•. m V m •:•i :•::•::•:::•:•::ti•:•:•:•:•:•: ;:;:titi..• J O W O j C-0 Y: t:i'.it ...~y.~.r.iti.w~~.~~-. ~Iy1i?WYF:~:: .^:^•i'l••• - W Z _ _ Q 3nN3AV NW.~N1X37 09SC1 RI.s1,ILOS _ £Y 'ON clvod URnoa a R Rtlr~ T., kIIG A u i3 Y c. 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 CLUBVIEW ADDITION & STEININGER DEVELOPMENT NARRATIVE: PROJECT: Max Steininger, Inc. COMM NO: 02006 DATE: August 4, 2004 A196VIIISE This project consists of updating the zoning of this 5 acre site to Planned Development and creating a subdivision plat of this previously unplatted property into a two lot subdivision. In addition the owner is requesting a Conditional Use Permit for a Contractor's Yard for the existing excavation business that has used the back portion of the site as such for 36 years. Max Steininger Inc. has been an Eagan business successfully operating from this site without complaint since 1968. Zoning The existing property is planned as Industrial in the current Comprehensive Guide Plan for the City of Eagan. The site is currently zoned as Agricultural, which no longer fits it use or the intended use under the Comprehensive Guide Plan. The owner is proposing to rezone the property to Planned Development with the underlying zoning of I1 - Limited Industrial district. This will bring the property in line with the adjacent properties on all sides as well as across Lexington Avenue. This zoning classification would immediately bring the new office lot into compliance, with the remaining larger lot holding the Owner's residence and the existing contractor's office and garage. LotZwould temporarily remain a non-conforming use as the original single family homestead for this former farm property and the existing contractor's office and shop. However, the Owner proposes entering into a "sunset" agreement with the city to continue to use the existing house as the residence of Mr. and Mrs. Max Steininger as long as they continue to own the property and one, or both, of them remain living in the residence. After these conditions no longer are in effect, the property would be developed and / or used only in a manner conforming to the proposed Planned Development. This approach will allow the Steiningers to remain in their longtime residence while still providing a route to ensure the property becomes conforming. Storm Water Drainage The proposed Subdivision currently is part of a storm water drainage system that is sized to handle the quantity of water anticipated upon full development. A large pond on the east side of the adjacent Amoco Subdivision accomplishes this storm water quantity rate control. The new pond on the north side of this property will be sized to address the water quality requirements for both lots of this subdivision. There will be a drainage easement provided in the Subdivision for the water quality pond. I PAPR0JECTS\2002\02006\TEXnCITY REVIEW (SITE, CUP)\PROJECT NARRATIVE-02.DOC_..._._........_....__.__._...._..... __.._........1 of 3 44 r Access Access to the Subdivision will be from one location, which would be the existing curb cut at the intersection of Lexington Avenue and Clubview Drive. This access would be continued by two private drives extending from this entry. First there is a road extending to the back of Lot 1 approximately where the current drive extends. This drive will serve the contractor's office / shop as well as the current residence. The second drive will approximately parallel Lexington Avenue extending along the front of Lot 1 over to serve the new Lot 2 with the proposed office building. Utilities Existing water and sanitary piping in Lexington Avenue will serve the Subdivision. New lines will be run to the proposed office building on Lot 2. The existing office / garage building on Lot 1 is currently connected to city water and a the existing septic system will continue to serve its sanitary waste. The residence on Lot 1 is currently served by city water and private septic system. The Owner proposes to maintain these private utilities until the "sunset" provision ends since the septic system is in good condition and future development on that lot would require different sizes and locations of utility piping, neither of which are known at this time. Tree Preservation The survey just completed included a listing of all the qualifying significant trees on the subdivision. There are no trees to be removed for the construction of the office building on Lot 2 nor is there any removal required for the new access drive or pond on Lot 1. Wetland Inventory The site has been reviewed by a qualified wetland professional and has been found to not contain a jurisdictional wetland as indicated in the attached document. Site Plan Review - Office Building The new 6,300 square foot office building shown on Lot 2 is intended to begin this fall for occupancy next summer. The building will be built of all low-maintenance materials such as brick, decorative concrete masonry units, stucco walls, prefinished metal facia and an architectural grade asphalt shingle roof. The attached site plan indicates the layout showing setbacks, proposed building, parking and green space. In addition to the green space shown, 11 of the 35 required parking stalls are indicated as future stalls (Proof of Parking) allowing a greater open area along the east side of the building. The Owner will occupy two-thirds of the proposed building with 8 employees leaving plenty of parking for a small tenant and clients. This office building will connect to city water and sanitary services as shown on the civil drawings and is to be fully landscaped. Landscape plans will be submitted for review along with the building permit for the office building. Storm water drainage will be gathered to a catch basin on the northeast comer of this lot, which will be piped into the new water quality pond described previously. The office building site will include a single ground sign on a masonry base to match the building. This ground sign will be no larger than 40 square feet of signage identifying the business(es) within this building as well as the street address number. The preliminary signage design is indicated in the P:\PROJECTS\2002\02006\TEXT\CITY REVIEW (SITE, CUP)\PROJECT NARRATIVE-02.DOC.^__..... of 3 IP?7? submitted plans. Contractor's Yard The current operations of the building on Lot k, Max Steininger, Inc. - an excavation contractor, includes a contractor's yard on the southeast portion of that lot as indicated on the site plan. This lot has been used by the company since 1968. A Conditional Use Permit is requested for this function. This yard is used for parking of excavation equipment when it is not in use on a jobsite. During the construction season, April through November, there are few if any equipment parked on this yard with quantities increasing during the winter. This yard is covered with compacted recycled bituminous paving similar to other local Contractor's Yards to provide a hard, low dust surface. Due to the metal tracks of some of the excavating equipment, bituminous paving would not be a recommended material for surfacing the yard. Max Steininger, Inc. excavating would park their excavation and construction equipment in the areas noted on the plan. These items would be mostly present in the off-season of December through March and would include up to the following quantities. There would be up to 60 pieces of excavation equipment with their buckets, attachments and related equipment. The storage would also include up to 30 trucks, trailers, pickups with their related equipment. Finally, the Contractor's Yard might contain construction supplies including pipe, steel members, lumber and related materials. The current yard is hardly visible from Lexington Avenue and would be further screened by the new office building and associated landscaping on Lot 2. In addition, the owner is proposing to add landscaping on Lot 1 as indicated on the landscape plan to supplement the screening of the Contractor's Yard. The existing mature trees on the neighboring property to the south blocks any view from the portion of the yard that faces that property. To the knowledge of the Owner, there have been no neighborhood concerns regarding the current use of this portion of the property as a Contractor's Yard and the proposed development will only serve to enhance the current conditions. Dedications The Owner has requested that the park dedication be made in the form of a cash dedication. The Owner has already dedicated towards the trail on the subject property along Lexington Avenue and requests that this previous dedication be used to satisfy their trail dedication requirements. Summary This Planned Development, Subdivision and new office building will be a nice addition to this part of Eagan. All aspects of this proposal will lead to a more consistent property, in line with both the existing development adjoining this site as well as the long-range goals of the City of Eagan as delineated in the Comprehensive Guide Plan. Thank you for your consideration of this project. I P"1PROJEMV0021020061TE)MCITY REVIEW (SITE.CUP)1PROIECT NARRATIVE-02.POC...... 3 of 3 /CW~ Z r _ k U~ o z- z-~ J UWO W I b N W R% a omU v=i Q ® -f c0 R'3 CD Lo o ~ W } E Y 1~ ~ Z_ E{. Q2 LLI R b~ a x W g g i;0f~iii~ii • ~ \ 111 ~yY~ w y it 357 y ° -`Is. 1. 1 n=: 1 c ? ~i' y , o I o .s -i p _ i~f3 - - - - Yom, j 3>1N3/1v 's 'NO LONIX31 ee _ g s s € I Y, ~ is 4~~ js e~ et Spa f E •1 -.r. I ,r s' - - W II ~Fa~g~ og I /C>?? o O~oOO o0 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 21, 2004 3 A. CALL TO ORDER 131 B. ADOPT AGENDA f~ ~3I C. APPROVE MINUTES Y D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING for the Consideration of the Sale of the Lachenmeyer J-~ Property in the Nicols Ridge Development Area in the Cedar Grove Redevelopment District to US Home for Redevelopment Purposes 130" 2. MEMORANDUM OF AGREEMENT between the City, the EDA and United Properties regarding the Recording of Documentation concerning the Parties' Predevelopment Agreement for Property in the North Sub- District of the Cedar Grove Redevelopment District F. OTHER BUSINESS p / qg 1. Redevelopment District Update 1 g G. ADJOURNMENT 130 Agenda Information Memo Eagan Economic Development Authority Meeting September 21, 2004 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the August 17, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page is a copy of the minutes of the August 7, 2004 EDA meeting. • Enclosed on pages is a copy of the resolution approving the minutes of the August 7, 2004 EDA meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 6, 2004 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 17, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Fields, Tilley, Carlson and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Carlson seconded a motion to adopt a resolution approving the minutes of the July 6, 2004 EDA meeting as presented. Aye: 4 Nay: 0 NEW BUSINESS PRELIMINARY DESIGNATION OF THE RYLAND-SCHAFFER/RICHARDSON PARTNERSHIP AS THE MASTER DEVELOPER FOR THE CEDAR GROVE REDEVELOPMENT DISTRICT It was noted that action was taken to approve Ryland- Schaffer / Richardson Partnership as the Master Developer for the Cedar Grove Redevelopment District at the earlier City Council meeting under the Consent Agenda. SCHEDULE PUBLIC HEARING FOR THE CONSIDERATION OF THE SALE OF PROPERTY FOR THE DEVELOPMENT OF NICOLS RIDGE SUBDIVISION Community Development Director Hohenstein discussed the need for a public hearing to consider the sale of property to US Home for redevelopment purposes. Commissioner Carlson moved, Commissioner Fields seconded a motion to schedule a Public Hearing for the consideration of the sale of property to US Home for redevelopment purposes in the Nicols Ridge Subdivision on September 21, 2004. Aye: 5 Nay: 0 OTHER BUSINESS REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update on the status of the redevelopment districts. 13~ ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:20 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. 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. 1,33 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE AUGUST 17, 2004 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the August 17, 2004 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, 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 21St day of September, 2004. Jon Hohenstein, Secretary/Deputy Executive Director 13 y Agenda Information Memo September 21, 2004 Eagan Economic Development Authority Meeting E. NEW BUSINESS 1. PUBLIC HEARING FOR THE CONSIDERATION OF THE SALE OF THE LACHENMEYER PROPERTY IN THE NICOLS RIDGE DEVELOPMENT AREA IN THE CEDAR GROVE REDEVELOPMENT DISTRICT TO US HOME FOR REDEVELOPMENT PURPOSES ACTION TO BE CONSIDERED: To approve or deny a Resolution to Authorize the Sale of the Former Lachenmeyer Property at 3986 Cedar Grove Parkway to US Home Corporation for Redevelopment Purposes. FACTS: • As a part of the Cedar Grove Redevelopment District activities, the City Council and EDA previously authorized staff to acquire properties south of Cedar Grove Parkway for future redevelopment. A number of properties has been purchased at this time. They consist of the former Lachenmeyer, Instant Testing, Eagan Pet Clinic and Beebe properties. • US Home Corporation has expressed interest in acquiring the properties to redevelop them in future phases of the Nicols Ridge housing development. US Home has indicated an interest in acquiring the former Lachenmeyer property at this time. • The City's development agreement with US Home provides the parameters for establishing the price for such a sale and the developer. City staff and attorney have negotiated a purchase agreement with US Home, which is in order for consideration at this time. • In order for the City to sell property for development or redevelopment purposes, a public hearing is required. The council previously scheduled the public hearing for this item of September 21, 2004 and notice has been published in the official newspaper. ATTACHMENTS: • EDA Resolution approving the sale of the property at 3986 Cedar Grove Parkway to US Home Corporation on page 134 • City Council Resolution approving the sale of the property at 3986 Cedar Grove Parkway to US Home Corporation on pages 132 • Purchase Agreement will be distributed on Monday. If the executed copy is not received from the developer, the item will be recommended for continuance at Tuesday's meeting. 13,5 CITY OF EAGAN RESOLUTION APPROVING SALE OF CITY OWNED PROPERTY TO US HOME CORPORATION FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR PROPERTY LOCATED AT 3986 CEDAR GROVE PARKWAY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the sale of real estate located at 3986 Cedar Grove Parkway in the Cedar Grove Redevelopment Area Located in TIF District No. 2-3 to US Home Corporation for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, 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 215 day of September, 2004. Jon Hohenstein, Secretary/Deputy Executive Director 1346 CITY OF EAGAN RESOLUTION APPROVING SALE OF CITY OWNED PROPERTY TO US HOME CORPORATION FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR PROPERTY LOCATED AT 3986 CEDAR GROVE PARKWAY BE IT RESOLVED by the Eagan City Council to approve the sale of real estate located at 3986 Cedar Grove Parkway in the Cedar Grove Redevelopment Area Located in TIF District No. 2-3 to US Home Corporation for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk 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 21St day of September, 2004. Maria Petersen, City Clerk 137 Agenda Information Memo September 21, 2004 Eagan Eagan Economic Development Authority Meeting E. NEW BUSINESS 2. MEMORANDUM OF AGREEMENT BETWEEN THE CITY, THE EDA AND UNITED PROPERTIES REGARDING THE RECORDING OF DOCUMENTATION CONCERNING THE PARTIES' PREDEVELOPMENT AGREEMENT FOR PROPERTY IN THE NORTH SUB-DISTRICT OF THE CEDAR GROVE REDEVELOPMENT DISTRICT ACTION TO BE CONSIDERED: To approve or deny a Resolution Approving a Memorandum of Agreement between the City, the EDA and United Properties regarding the Recording of Documentation concerning the Parties' Predevelopment Agreement for Property in the North Sub-District of the Cedar Grove Redevelopment District. FACTS: • The City of Eagan and the Eagan Economic Development Authority previously approved a development agreement with United Properties relative to property located in the northeast quadrant of the intersection of TH 77 (Cedar Avenue) and TH 13 for redevelopment purposes. Under that agreement, the City and the EDA agreed to sell United a City owned parcel in the area, to assist with the acquisition of certain properties and to provide public assistance as available and necessary to bring about the construction of a Class A office building on the development site. • Subsequently it was determined that it would be in the interests of the City and United for the company to move forward with the acquisition of one of the properties in the development area, known as the Sill property. At its meeting of July 6, 2004, the Council and EDA approved an Amended and Restated Development Agreement that set the terms under which United would acquire the City parcel and implement a redevelopment plan that would combine the City property, the Sill property and the Brad Ragan property, which is expected to be acquired at a future date. • On the basis of the Council approval, United has proceeded with the acquisition of the Sill property. • The City Attorney and United representatives have indicated that it would be in the interest of the parties to have the agreement recorded to indicate their intentions to third parties performing title searches. Because the development agreement addresses the Brad Ragan property in addition to those currently owned by the City and United, a separate memorandum of agreement to permit the recording is necessary. That agreement is in order for Council consideration at this time. 3U Agenda Information Memo Page 2 September 21, 2004 Eagan Economic Development Authority Meeting ATTACHMENTS: • EDA Resolution approving the Memorandum of Agreement on pages A/0 • CitCouncil Resolution approving the Memorandum of Agreement on pages • Memorandum of Agreement with area map on pages /39 CITY OF EAGAN RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT RELATING TO THE NORTH SUB-DISTRICT OF THE CEDAR GROVE REDEVELOPMENT DISTRICT TAX INCREMENT FINANCING DISTRICT NO. 2-3 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF EAGAN AND UNITED PROPERTIES BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to adopt a Resolution approving a Memorandum of Agreement between the City, the EDA and United Properties regarding the Recording of Documentation concerning the Parties' Predevelopment Agreement for Property in the North Sub-District of the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, 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 21St day of September, 2004. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT RELATING TO THE NORTH SUB-DISTRICT OF THE CEDAR GROVE REDEVELOPMENT DISTRICT TAX INCREMENT FINANCING DISTRICT NO. 2-3 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF EAGAN AND UNITED PROPERTIES BE IT RESOLVED by Eagan City Council to adopt a Resolution approving a Memorandum of Agreement between the City, the EDA and United Properties regarding the Recording of Documentation concerning the Parties' Predevelopment Agreement for Property in the North Sub-District of the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk 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 21St day of September, 2004. Maria Petersen, City Clerk /~l MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated as of September 2004 is made by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota public body corporate and politic ("EDA"), the CITY OF EAGAN, a Minnesota municipal corporation (the "City") and UNITED PROPERTIES INVESTMENT LLC, a Minnesota limited liability company ("Redeveloper"). RECITALS A. The EDA, the City and the Redeveloper have entered into that certain Preliminary Redevelopment, Purchase Option and First Refusal Agreement dated as of the date hereof (the "Preliminary Agreement"), relating to certain real property owned by the Redeveloper (the "United Property") legally described; Exhibit A attached hereto and certain real property owned by the City (the "City Parcel") legally described in Exhibit B hereto. B. The EDA, the City and the Redeveloper now wish to memorialize of record the existence of the Preliminary Agreement and a reference to specific terms of the same. NOW, THEREFORE, reference is made to the following provisions of the Preliminary Agreement: 1. The Redeveloper grants the EDA an option to purchase the United Property upon the terms and conditions more particularly set forth in the Preliminary Agreement. 2. The City grants to the Redeveloper an option to purchase the City Parcel upon the terms and conditions more particularly set forth in the Preliminary Agreement. 3. The Redeveloper grants to the EDA a right of first refusal to purchase after United upon the terms and conditions more particular set forth in the Preliminary Agreement. 4. The term of the Preliminary Agreement shall expire on April 1, 2012, unless earlier terminated as more fully set forth in the Option Agreement. 5. Reference is made to the Preliminary Agreement for a full statement of the terms and conditions thereof, all of which are hereby incorporated by reference. 6. Nothing in this Memorandum of Agreement shall be construed to amend, modify, change, alter, amplify, interpret or supersede any of the terms and provisions of the Preliminary, which shall in all things control. IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the date and year first above written. UNITED PROPERTIES INVESTMENT LLC EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: By: Its Its: President By: Its: Executive Director CITY OF EAGAN By: Its: Mayor And Its: City Clerk M 1:1139260.01 V,3 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me, a notary public, this day of September, 2004, by , and the and of United Properties Investment LLC, a Minnesota limited liability company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a notary public, this day of September, 2004, by Pat Geagan, and Thomas Hedges, the President and Executive Director of Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a notary public, this day of September, 2004, by Pat Geagan, and Maria Petersen, the Mayor and City Clerk of the City Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public Exhibit A-United Propert y (Parcel 1) Outlot A of Tesseract Addition (Parcel 2) That part of the Northeast Quarter of the Northwest Quarter of Section 19, Township 27, Range 23, lying easterly of Old Cedar Avenue (now known as Nichols Road). / L~ Exhibit B - Ci . Parcel That part of the North Half of the Northwest Quarter of Section 19, Township 27, Range 23, described as follows: Commencing at the Northeast corner of said North Half, thence South along the east line of said North Half distant 763.9 feet to the actual point of beginning; thence North along said East line 250 feet thence deflecting to the left 89 degrees, 40 minutes a distance of 491.5 feet; thence deflecting to the right 44 degrees, 50 minutes a distance of 215 feet; thence Northwesterly 416.78 feet more or less to the point on the North line of said North Half distant 847 feet from said Northeast corner; thence Westerly along said North line 563.9 feet; thence Southeasterly 1083.46 feet more or less to a point on a line drawn north 89 degrees, 40 minutes West from the point of beginning; thence South 89 degrees, 40 minutes East 647 feet to the point of beginning (excepting therefrom that part lying East of the centerline of Cedar Avenue) containing 9.81 acres, according to the Government Survey thereof, the same being the lands described in the deed recorded in Book 271 of Deeds, at page 252, in the office of the Register of Deeds in and for Dakota County, State of Minnesota. M1:1139260.01 EXHIBIT A _ ter' i ~jv 71 Parcel 3-Uni i ted parcel Parcel 2 -Brad Ragan parcel - Sill vsrBellRd---- --Rdm - Parcel 1 City parcel Parcel 4-United Parcel d / 7 r^ - Syr V;j' M1 , \\I / ,G ~t C m~ F '..j / / ~ \ ? OJe~\ 1. ~ ~11`L I a%~' 1 0 325 650 1,300 cltVaFa¢Qan Feel t 0 Preliminary Development Cedar Grove Redevelopment Area Agreement Area United Properties CG Redevelopment Area Preliminary Development Agreement Area Agenda Information Memo Eagan Economic Development Authority Meeting September 21, 2004 F. OTHER BUSINESS 1. Redevelopment District Update - Enclosed on pages - is a status update on the Cedar Grove District activities prepared by Ehlers and Associates, the City's redevelopment consultant. Staff will provide a brief verbal update on other aspects of the redevelopment districts and respond to Council questions at this time. There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting. l~~ Q To: Tom Hedges, City Administrator Jon Hohenstein, Community Development Director W Mayor, City Council From: Jim Prosser, Ehlers and Associates Subject: Project Update Date: September 15, 2004 The purpose of this update is to provide an on-going report of the progress of redevelopment for the Cedar Grove area. It is also meant to solicit feedback from readers on questions or concerns that should be addressed by the Project Team (Eagan staff and developer) during the redevelopment process. Readers are encouraged to contact the Project Leader, Jon Hohenstein via, phone, fax, e-mail, in person or a rock through his window. If you have a question or concern than it is likely others do too and we would appreciate the opportunity to address and hopefully resolve it as early in the process as possible. United Properties United Properties has entered into a preliminary development with the City to further assess the feasibility of a 255,000 square foot office/corporate campus. During the preliminary development phase the developer will review the market and financial feasibility of this project. Recently United has entered into negotiations to acquire additional property in this area. As a result the United has requested an amendment to the development agreement. The amendment has been approved and is waiting final execution by the developer. Brian Carey, United Properties Vice President, has advised the City that they have now acquired the Sill parcel. Nicols Ridge U. S. Homes has previously acquired the development rights for this project from Delta Homes. U.S. Homes has received final subdivision approval for phase 1, received building permits for the models, initiated site grading and utility installation and is proceeding with site acquisition for future phases including acquisition of the Lachenmeyer site from the City. Keystone Properties As of the end of September the Keystone development is reported at about 75% complete. Keystone projects that the building will be completed in early to mid November for occupancy in December. Forty of the 129 units have been reserved. Cedar Grove Redevelopment Update I [,f g Pave l of3 ! ( r Ryland/ Schafer-Richardson The EDA has directed staff to prepare a preliminary development agreement with Ryland/ Schafer- Richardson (RSR) for the development of the Cedar Grove North area. This area includes basically all of the area north of Highway 13 with the exception of the Keystone and Nicols Ridge currently under development. The preliminary development agreement was scheduled for consideration on September 21, however has been delayed due to continuing discussions and negotiations between the City and Ryland. In the meantime the City's project team has begun weekly meetings with the developer to coordinate project activities. The primary focus of activities at this phase include: 1. Establish contacts with existing businesses and property owners. The City has established clear expectations that the RSR will work with existing businesses to assess interest in those businesses participating as tenants in the proposed development or redeveloping portions of the site in coordination with RSR. RSR will be meeting with existing businesses to start dialog on these issues. 2. Development of a refined site plan. This site plan will reflect the building footprints for the proposed uses (residential, mixed use, retail, office), public improvements and general landscaping. It will also provide refined images of the building designs. This refined plan will be reviewed at several interim stages by the EDA, public and staff to assure that the plan meets community standards in addition to being market and financially feasible. The developer has proposed a bus tour of development to gain feedback from the EDA as part of this process. 3. Assessing market feasibility. Simultaneous with site planning the developer will be assessing the market feasibility for various uses and quantities to gain comfort that the development will be marketable at the prices and lease rates used to develop financial pro forma. 4. Assessing financial feasibility. RSR will want to gain comfort that the development is financially feasible. Again simultaneous with the site planning financial models will be prepared to asses a balance between the uses (land acquisition costs, relocation, site costs, etc.) will equal sources (what the developer should pay for land for each use and tax increment). This information serves as the basis of the developer's request for assistance (if needed). 5. Assessing housing options. The Minnesota Interfaith Council has approached the City on Affordable Housing (MICAH) requesting that the City include affordable housing on this site. The City and RSR will be meeting with the Dakota County CDA to review options for financing various housing options as part of this development. RSR will use this information to provide options for consideration by Eagan policy-makers during the concept refinement phase. 6. Assessing site capacity. The capacity of this site will be limited by traffic. The City has previously completed an environmental review (AUAR), which will guide site planning, and traffic capacity. The City and RSR will coordinate the site planning with the guidelines. Cedar Grove Redevelopment Update 156~) Pave 2 of3 These activities are projected to require three to five months. To assure that critical elements of this preliminary plan are completed on a timely basis a critical path timeline has been developed and will be used as part of the regular project meetings with the developer. Public Information and Participation To date the Cedar Grove redevelopment process has benefited from the public communication and participation process directed by the City Council. The project is now at a phase that will require an update to the public. In addition the developer will be expected to provide an opportunity for public feedback as part of the concept refinement process. The timing and details of the communications and feedback are in development. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive 651.697.8503 fax 651.697.8555 Roseville, MN 55113-1105 jim ehlers-inc.com Cedar Grove Redevelopment Update 11-51 Pave 3 of3 Ll~ Shgpelrd Faithful ~j & = ~s lfflif~ % 3355 Columbia Drive * Eagan, MN 55121 Phone (651) 406-4747 * Far (651) 4061-474-3 August 28th, 2004 Dear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on January 22, 2005. We are holding our fifth Annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri-Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds from the Auction will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. ■ The designated property of the event will be limited to the school grounds, which includes through out the school's building. The following security measures will be taken to ensure proper safety, in enforcing alcohol beverage sale and consumption laws, crowd control and public safety, and checking the ages and identification of attendees. ■ No person under the age of 21 will be sold or served alcoholic beverages. ■ No person will sell or give alcohol beverages to an obviously intoxicated person. ■ All persons who consume, purchase or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from the list provided from the city of Eagan). ■ The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. ■ No person selling alcohol shall be intoxicated during his or her work shift. Church of St. John Neumann * Church of St. Peter * Church of St. Thomas Becket MIL r . Shepherd Tri-Parish Center 3355 Columbia Drive *Eagan, MN 55121 Phnne /(S 1) 406-4747 * Far ,16.51) 40(>-4743 ■ Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to persons intoxicated is prohibited. ■ Licensee will provide volunteer private security to monitor the licensed area. ■ Licensee will follow the designated hours listed in the City of Eagan procedures. ■ Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on- site manager will complete training in alcohol training in alcohol beverage service and will train servers and security personnel of the same. If you have any questions, I can be reached at 651-688-9380. Thank you for your consideration. Respectfully submitted, Patricia Bower-Jernigan, Chair 2005 Faithful Shepherd Catholic School Auction Church of St. John Neumann * Church of St. Peter * Church of St. Thomas Becket