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12/15/2009 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING DECEMBER 15, 2009 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE T • I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P. a A. APPROVE MINUTES gB. PERSONNEL ITEMS P eiC. APPROVE Check Registers elb D. APPROVE Carrier / Homing / Racing Pigeon License renewal for Eric Drenckhahn, 2811 Pilot Knob Rd. P II E. APPROVE a Joint Powers Agreement with the Dakota County Drug Task Force. P31 F. APPROVE 7-1-09 to 7-1-10 General Insurance Renewal e3 G. APPROVE Proposed 2010 Enterprise Fund Budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay and Community Center (lye H. APPROVE 2010 Special Revenue Funds Budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cedarvale Special Services District Fund, Cable TV Franchise P,,II,,,, Fees Fund, and E -TV Fund `i`t I. APPROVE 2010 Eagan Convention & Visitors Bureau Budget ellip J. APPROVE Extension of Contract with MN Pollution Control Agency for Fish Lake & Schwanz Lake TMDL Project O7 K. APPROVE Final Payment and Authorize City Maintenance of Contract 09-06 (Wandering Walk Park - � Wetland Bank) r�$ L. APPROVE Final Payment and Authorize City Maintenance of Contract 09-19 (Rain Gardens - Curb Cut/Inlet Improvements) 19,49 M. APPROVE Final Payment and Authorize City Maintenance of Contract 09-06B (Wandering Walk Park - Wetland Bank Planting) P5b N. Approve Expenditure to Send Mailed Notices Regarding an Airport Noise Town Hall Meeting on January 12, 2010 0. RECEIVE Feasibility Report for Project 1020 (Thomas Lake Woods — Street Overlay) and Schedule a Public Hearing (January 19, 2010) Psi P. RECEIVE Feasibility Report for Project 1023 (Eagan Royale/Safari Estates/Safari 3rd & 4th — Street Overlay) and Schedule a Public Hearing (January 19, 2010) pgi. Q. RECEIVE Feasibility Report for Project 1024 (Kennebec Drive — Street Overlay) and Schedule a Public Hearing (January 19, 2010) PSS R. RECEIVE Feasibility Report for Project 1025 (Oak Cliff 4th — Street Overlay) and Schedule a Public Hearing (January 19, 2010) 42Sk..S. AWARD Professional Services Contract to SRF for Contract 09-18 (Duckwood Drive Overpass — Street Improvements) RgET. APPROVE Amendment to Consulting Engineering Fee Schedule (2010) p(01 U. APPROVE Extension of Conditional Use Permit and Variance (Spectrum Business Park) — Bricks and Mortar LLC on Lot 1, Block 1, Spectrum Business Park P.44 V. DESIGNATION of 150th Anniversary Banners as Government Signs ef(p W. APPROVE Updated Alternative Urban Areawide Review and Mitigation Plan in Cedar Grove Redevelopment p District P.� { X. APPROVE a Resolution in Support of the Concept of a Memorial Tribute to Public Servants to be Located on City of Eagan Property P 7a Y. APPROVE a Budget Adjustment to the Eagan Civic Arena to Allow the Exchange of Building Improvements for Advertising Within the Arenas Pa73 Z. AUTHORIZE the Application of a Grant from the Metropolitan Regional Arts Council for a Community Arts Grant V. PUBLIC HEARINGS ie 7/- A. e B. ittloi c. ? r11(0°.p T.iZE. e.( F. 12 j G. VARIANCE — Chloe Lane - Sowanou Edem Aboki - A 11' Variance to the required 15' rear yard setback to add a deck located at 945 Chloe Lane on Lot 2, Block 1, Thorpe Woodland Gardens 2nd Addition FINAL ASSESSMENT HEARING FOR PROJECT 981 (Rahncliff Road/Cliff Lake Road/Rahn Road - Street Improvements) Commercial properties SUPPLEMENTAL ASSESSMENT HEARING FOR PROJECT 972 (Lone Oak/Waters Area — Street Improvements) SUPPLEMENTAL ASSESSMENT HEARING FOR PROJECT 978 (Eagandale LeMay Lake - Street Improvements) ESTABLISHMENT of a HOUSING IMPROVEMENT DISTRICT for the Meadowlark Ridge Homeowners Association at Blackhawk Road and Meadowlark Road EASEMENT VACATION - Northwood Business Park 3rd Addition EASEMENT VACATION - Oaks of Bridgewater 2nd Addition VI. OLD BUSINESS 1'I yl A. 2010 GENERAL FUND BUDGET AND PAYABLE 2010 PROPERTY TAX LEVY plq5B. INFLOW & INFILTRATION POLICY IMPLEMENTATION VII. NEW BUSINESS eJSI A. err( B. PRELIMINARY and FINAL SUBDIVISION - The Oaks of Bridgewater 3'd Addition - A Preliminary and Final Subdivision of 3 lots to create 5 single family Tots upon approximately 5.53 acres located at 3862, 3858 and 3854 Bridgewater Drive on Lots 11, 12 & 13, Block 3, The Oaks of Bridgewater 2nd Addition. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZOING and PRELIMINARY PLANNED DEVELOPMENT — Northwood Townhomes — Dakota County CDA — A Comprehensive Guide Plan Amendment changing the land use guide plan designation on 12.9 acres from BP Business Park to MD Medium Density Residential, a Rezoning of 12.9 acres from BP Business Park to PD Planned Development and A Preliminary Planned Development of 12.91 acres to create a 47 unit townhome development located at 3255 Northwood Circle on Lot 2, Block 1, Northwood Business Park 3rd Addition. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items to be considered at this time) X. ADMINISTRATIVE AGENDA A. B. c. D. E. City Attorney City Council Comments City Administrator Director of Public Works Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Citi of Eagan Yeo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 11, 2009 SUBJECT: AGENDA INFORMATION FOR DECEMBER 15, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 15, 2009 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 15, 2009 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the December 1, 2009 regular City Council meeting and November 10, 2009 Special City Council meeting as presented or modified. ATTACHMENTS: • M' utes of the December 1, 2009 regular City Council meeting are enclosed on pages through 7 . o�, MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 1 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Hansen and Fields. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, December 1, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken, Hansen and Fields. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, Community Development Director Jon Hohenstein, Director of Administrative Services Gene VanOverbeke, Chief Financial Officer Tom Pepper, Assistant to the City Administrator Dianne Miller, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA City Administrator Hedges noted that an item would be added under Personnel Items. He also noted the deletion of a portion of item T. Councilmember Bakken asked that item D be pulled for separate discussion and action. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the November 17, 2009 regular City Council meeting and the November 10, 2009 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Michael Hemmingson as a part-time seasonal program assistant/winter recreation leader. 2. It was recommended to accept the resignation (retirement) of Cathy Gray from the Police Department. C. It was recommended to ratify check registers dated November 12, 2009 and November 19, 2009 and November 25, 2009 as presented. D. PULLED FOR SEPARATE ACTION. E. It was recommended to approve the renewal of a contract with Heart Healthy Living, P.A. to provide cardiac rehabilitation maintenance program services at the Eagan Community Center during 2010 and direct the Mayor and City Clerk to sign the agreement document. F. It was recommended to approve a resolution authorizing the Chief of Police to execute grant contracts (for traffic enforcement purposes) with the State of Minnesota. G. It was recommended to approve a change in management on the on -sale liquor license for Applebee's Neighborhood Grill & Bar located at 1335 Town Centre Drive. H. It was recommended to approve a change in management on the off -sale 3.2% malt liquor (beer) license for SuperAmerica #4335 located at 1379 Town Centre Drive. I. It was recommended to approve the renewals of existing liquor licenses for 2010. J. It was recommended to direct the City Clerk to issue 2010 liquor license renewals upon licensees' submission of renewal documents and fees. K. It was recommended to approve renewal of existing tobacco licenses for 2010. City Council Minutes December 1, 2009 Page 2 ,D,z1 L. It was recommended to direct the Deputy Clerk to issue 2010 tobacco license renewals upon licensee's submission of renewal documents and fees. M. It was recommended to approve renewal of existing tree contractor licenses for 2010. N. It was recommended to direct the Deputy Clerk to issue 2010 tree contractor license renewals upon licensee's submission of renewal documents and fees. O. It was recommended to approve renewals of existing trash hauler licenses for 2010. P. It was recommended to direct the Deputy Clerk to issue 2010 trash license renewals upon licensee's submission of renewal documents and fees. Q. It was recommended to approve renewal of existing kennel and pet shop licenses for 2010. R. It was recommended to direct the Deputy Clerk to issue 2010 kennel license and pet shop license renewals upon licensee's submission of renewal documents and fees. S. It was recommended to receive the Draft Feasibility Report for Project 1018, (Greensboro Additions — Street Improvements) and schedule a public hearing to be held on January 5, 2010. T. It was recommended to receive a Feasibility Report for Project 1022, Overhill Farm — Street Improvements and schedule a public hearing to be held on January 5, 2010. U. It was recommended to receive the Draft Feasibility Report for Project 1026, (Northview Meadows Addition — Street Improvements) and schedule a public hearing to be held on January 5, 2010. V. It was recommended to receive the Draft Feasibility Report for Project 1027, (Patrick Road — Street Improvements) and schedule a public hearing to be held on January 5, 2010. W. It was recommended to authorize an amendment to reallocate a portion of unused Community Development Block Grant (CDBG) program funds. X. It was recommended to authorize program budget for inclusion in the City's FY 2010 Community Development Block Grant (CDBG) Application and Adopt Resolution approving funding application request. Y. It was recommended to approve a resolution to allocate SAC units from demolitions in the Cedar Grove Area to new development projects in the redevelopment district. Mayor Maguire discussed the background of the purchase agreement for the Rahn property which is slated as the future site of the Fire Safety Center. Richard Gabriel, Attorney for the Rahn Family Partnership, addressed the delay in the execution of a purchase agreement. He asked that Council refrain from eminent domain pending the sale of the larger portion of the Rahn property to a designated developer. Mayor Maguire indicated that the authorization of eminent domain proceedings would not preclude any negotiations in acquiring the executed purchase agreement. D. Councilmember Fields moved, Councilmember Bakken seconded a motion to authorize the City Attorney to initiate eminent domain proceedings to acquire property for the Fire Safety Center and right-of-way, drainage and utility easements for the extension of Duckwood Drive and Station Trail. Aye: 5 Nay: 0 PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2010 City Administrator Hedges made a presentation regarding the proposed budget and property tax levy for 2010. Mayor Maguire opened the public hearing. City Council Minutes December 1, 2009 Page 3 Mike Flynn and Dr. Larry Spicer commented that they believe the percentage increase reflected on the Proposed Property Tax statements is understated because it does not take into account the decline in property value. Rich Clark asked about the State market value credit program. Patrick Dolney, asked if the City had participated in the approval of the MVTA Park and Ride building. Staff and Council addressed the questions and comments. There being no further public comment, Mayor Maguire turned discussion to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and set the 2010 general levy and General Fund Budget considerations for the December 15 City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and set the 2010 Cedarvale Special Services District (SSD) levy and budget considerations for the December 15 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS RECEIVE BIDS AND AWARD SALE OF $8,500,000 GENERAL OBLIGATION RECREATIONAL FACILITIES REFUNDING BONDS, SERIES 2009B, AND ENGAGE SPRINGSTED, INC. TO PERFORM CONTINUING DISCLOSURE REPORTING AND ARBITRAGE REBATE CALCULATION REQUIREMENTS FOR SUCH BONDS. City Administrator Hedges introduced this item regarding the sale of general obligation recreational facilities refunding bonds. Dave McGilvary, Springsted, discussed the received bids and the proposed sale of the refunding bonds. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the resolution awarding the sale of $8,500,000 General Obligation Recreational Facilities Refunding Bonds, Series 2009B; to authorize execution of an escrow agreement placing most of the bond proceeds in an escrow account to refund the existing bonds when they become callable; and to engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the above bonds. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT — WAGGING TAILS PET RESORT City Administrator Hedges introduced this item regarding a conditional use permit to allow a full service animal care facility with overnight boarding and outdoor runs to be located at 3275 Sun Drive. City Planner Ridley gave a staff report. The applicant discussed plans for the proposed kennel. Five citizens representing three area businesses expressed their concern over the potential noise generated by the kennel, the change in the character of the industrial park, and the potential devaluation of their property. Staff addressed the questions of the citizens. City Council Minutes December 1, 2009 Page 4 Councilmember Bakken stated the concerns of the neighbors pertain to perception which is difficult to quantify. He stated he supports noise mitigation efforts, however, the site is properly zoned for the use. Mayor Maguire commented that this is a land use issue within an industrial park and certain expectations of use come with property zoned for industrial uses. The Mayor and Council held a lengthy and detailed discussion with staff and the applicant regarding noise attenuation measures and specific conditions of approval for the proposed kennel. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a full service animal care facility with overnight boarding and outdoor runs located at 3275 Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2nd Addition, subject to the following conditions : Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not exceed 95 and no more than 40 dogs shall be outside at any time between 8 a.m. — 5:00 p.m. Monday through Friday except holidays. No dogs will be allowed in the outside fenced area between noon and 1:00 p.m. Monday through Friday, except for holidays. 3. Staff hours of operation for boarded animals shall be 6:00 a.m. and 9:00 p.m. every day. 4. Customer service hours shall be 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturday and Sunday. 5. Inspection by the Animal Control Officer shall occur prior to opening. 6. The applicant shall maintain a current kennel license. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. All signage is subject to City Code requirements. 9. The perimeter of the outdoor play area shall be secured with a six-foot privacy fence per the Site Plan received November 2, 2009. The landscape buffer along the outside perimeter of the fence shall be enhanced and installed by May 1, 2010. 10. The applicant shall install a canopy to cover at least 20% of the outdoor play area, with the capability of full coverage of the area. The canopy shall be designed and installed to reflect noise back toward the building. The canopy shall be installed by May 1, 2010. If the City Animal Control Officer determines that there is excessive noise generated from the outdoor plan area, the City Council shall determine whether noise absorbing sound panels need to be installed by the applicant. The failure of the applicant to install the panels, if so required by the Council, shall be cause for revocation of the Conditional Use Permit. 11. The designated bathroom area for the animals shall be cleaned daily. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Kennel License for Wagging Tails, Inc. located at 3275 Sun Drive. Aye: 5 Nay: 0 LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE The regular City Council meeting was recessed at 11:15 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 11:20 p.m. ADMINISTRATIVE AGENDA There were no items requiring action. City Council Minutes December 1, 2009 Page 5 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember moved, Councilmember seconded a motion to adjourn the meeting at 11:25 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy Clerk Agenda Information Memo December 15, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Approve change in Life Insurance carrier. ACTION TO BE CONSIDERED: To approve the cancellation of the City's contract with WellPoint (Life Insurance Company) and to obtain the services of OCHS — Minnesota Life Insurance Company for the years 2010 through 2012. FACTS: • During the renewal process, WellPoint quoted a significant increase in the life insurance and accidental death and dismemberment (AD&D) rates from .17/$1000 worth of coverage for life insurance and .03/$1000 worth of coverage for AD&D to .27/$1000 and .05/$1000, respectively. • The City Council approved staff to seek new rate proposals. The City received fifteen interested carriers, three of which quoted pricing at the 2009 rates or below. Information was provided to staff concerning the three carriers. • OCHS — Minnesota Life Insurance Company quoted .15/$1000 worth of coverage for life insurance and .02/$1000 worth of coverage for accidental death and dismemberment with a 3 year rate guarantee. • Value added services include beneficiary financial counseling and legal services for employees, which are not offered by the two other finalists. • Based on previous experience, reference checks and feedback from Gallagher Benefits, staff is making this recommendation. ATTACHMENTS: (None) Agenda Information Memo December 15, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 3, 2009 as presented. ATTACHMENTS: Check registers dated December 3, 2009 are enclosed without page number. Agenda Memo December 15, 2009 Regular City Council Meeting CONSENT AGENDA: D. Carrier Homing Racing Pigeon License renewal for Eric Drenckhahn, 2811 Pilot Knob Road ACTION TO BE CONSIDERED: Approve the 2010 renewal of a Carrier Homing Racing Pigeon License for Eric Drenckhahn, 2811 Pilot Knob Road. FACTS: Mr. Drenckhahn has paid the renewal fee and has met all requirements of the application. Staff deems the license in order for renewal. ATTACHMENTS: None. The application is available for review in the Administration Department. /0 Agenda Information Memo December 15, 2009, Eagan City Council Meeting E. Renew a Joint Powers Agreement to continue participation in the Dakota County Drug Task Force ACTION TO BE CONSIDERED: To approve the renewal of a Joint Powers Agreement allowing the City of Eagan to continue its participation in the Dakota County Drug Task Force. The signed agreement would be in effect until December 31, 2014. FACTS: The City of Eagan has participated in a Drug Task Force since 1988 by providing a fulltime Detective. The task force is currently made up of the following consortium of governmental jurisdictions: Apple Valley, Burnsville, Eagan, Lakeville, Mendota Heights, South St. Paul, Savage, West St. Paul, Farmington, Hastings, Inver Grove Heights, Rosemount, and the Dakota County Sheriffs Office. The aforementioned governmental agencies have entered into a joint powers agreement to support and maintain the Dakota County Drug Task Force. The Eagan City Attorney has reviewed the Joint Powers Agreement. ATTACHMENTS: Joint Powers Agreement on pages -3Q 11 City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville 4. Administrative Board. DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force "Task Force 2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate efforts to investigate illegal drug activity and assist in the prosecution of drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County 4.1 Creation and Composition. A joint powers board, known as the Drug Task Force Administrative Board "Board is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the member units of govemment, appointed by their respective police chief or sheriff, plus one member appointed by the Dakota County Attorney. Board members appointed by police chiefs and the sheriff must be full -time supervisory peace officers of their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 4.2 Term. Board members shall serve at the pleasure of their respective police chief, sheriff or county attorney, or their legal successor. In the event that any Board member shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4.3 Officers. In January of each year, the Board shall elect from its members a chair, a vice chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a term of one (1) year or until the officer ceases to be a board member, whichever is shorter. 4.4 Meetings. The Board shall have regular and special meetings at such times and places as the Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two (2) board members, except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of two- thirds (2/3) of the board members at a meeting shall constitute a quorum. 4.5 Voting. Each Board member shall be entitled to one vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board members present. DAKOTA COUNTY DRUG TASK FORCE 1 2010 -14 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT 5. Duties of the Administrative Board. 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coordinate intelligence between the members and the Task Force. 5.3 The Board shall appoint and supervise the Task Force Commander. The Board may appoint and supervise Team Leaders. All such appointments are subject to the concurrence of the Task Force Commander's police chief or sheriff. 5.4 The Board shall cause to be made an annual independent audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 5.5 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair of the Board to execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from- the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board may contract with any of its members to take title to, hold, manage and convey real property obtained by the Board and on its behalf as a result of civil asset forfeiture proceedings; to enter into contracts regarding such real property; and to pay reasonable and necessary expenses related to the hold, managing and conveyance of such real property. The member shall be entitled to reimbursement for such expenses upon sale of the property and shall transmit any net proceeds to the Board. If expenses exceed the sale of proceeds, the Board shall reimburse the member from other funds. DAKOTA COUNTY DRUG TASK FORCE 2 2010 -14 JOINT POWERS AGREEMENT 6.7 The Board shall maintain liability coverage with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,500,000 per occurrence, under standard LMCIT liability coverage forms. 6.8 The Board may hold such property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. 6.9 The Board may create a policies and procedures manual for use by the Task Force. If any policy or procedure therein conflicts with a member's policy or procedure, the member's policy or procedure shall apply to any agent assigned by the member to the Task Force pursuant to Section 8 hereunder. 6.10 The Board may recommend changes in this Agreement to its members. 7. Budgeting and Funding. DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT 7.1 The members intend to fund the cost of operation of the Task Force from grant funds and matching funds from member cities and Dakota County, from the proceeds of forfeiture actions, and from restitution. It is the members' intention that matching funds shall fund the continued cost of maintaining the replacement officers for the full -time officer assigned by some members to the Task Force. 7.2 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.3 The Board may contract with any of its members to provide budgeting and accounting services necessary or convenient for the Board. Such services shall include, but not be limited to: management of all funds, including member contributions and grant monies; forfeiture proceeds; payment for contracted services; and relevant bookkeeping and recordkeeping. No payment on any invoice for services performed by any person providing services in connection with this Agreement shall be authorized unless approved by the Board chair, vice -chair or secretary/treasurer. 7.4 The members agree to contribute their grant funds and required matching funds to operate the Task Force. 7.5 All funds shall be accounted for according to generally accepted accounting principles. The secretary/treasurer shall make a monthly financial report of all expenditures and receipts, and current fund balances to the Board. 7.6 The Board may not incur debt. 7.7 The Board's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the Board may reduce the level of reimbursement and /or reduce other expenditures. 8. Agents. 8.1 Each member shall inform the Board in December of each year the allocated number of experienced, full -time licensed peace officer(s) to serve as Agents for the Task Force for the DAKOTA COUNTY DRUG TASK FORCE 3 2010 -14 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT proceeding calendar year. The maximum number of licensed peace officers each member may assign to the Task Force, with the exception of the Dakota County Sheriff is 2. The maximum number of licensed peace officers the Dakota County Sheriff may assign to the Task Force is 5. The number of licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved in advance by the Board. 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be compensated by that member. Each party to this Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury were caused wholly or partially by the negligence of any other party, or its officers, employees or agents. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development, case charging, handling and processing of evidence. Agents will also assist other Agents in surveillance and undercover operations. To the extent authorized by law Agents will work cooperatively with assisting member and non member agencies, including sharing intelligence and information acquired by agents pursuant to this Agreement. 8.4 Agents will be supervised by the Task Force Commander or, in his /her absence, by the Team Leader assigned by the Task Force Commander to act in his /her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. Each party shall be responsible for damages to or Toss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. 9. Task Force Commander and Team Leader(s). 9.1 From among the full -time Agents assigned by members, the Board shall appoint a Task Force Commander who shall serve at the Board's pleasure. The Task Force Commander must be a full -time, licensed supervisory peace officer of a member. The Task Force Commander shall remain an employee of the member that has assigned them to the Task Force. 9.2 The Task Force Commander shall be in charge of the day -to -day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Task Force Commander is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management, intelligence management, and management of all property seized and held for forfeiture. The Task Force Commander will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Task Force Commander will supervise the drafting and execution of all search warrants initiated by the Task Force and will work cooperatively with the agencies with venue over the case. The Task Force Commander will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. DAKOTA COUNTY DRUG TASK FORCE 4 2010 -14 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT 9.3 The Task Force Commander may exclude Agents from further Task Force involvement subject to review by the Board. The member agency that assigned the Agent to the Task Force will be immediately notified of the Task Force Commander's actions. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full -time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Task Force Commander is absent. The Team Leader(s) shall remain an employee of the member city or county at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Task Force Commander is absent, shall be the same as the Task Force Commander as described in paragraph 9.2 herein. If there is more than one Team Leader, the Task Force Commander will assign one Team Leader to act as Task Force Commander while the Task Force Commander is absent. 10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board may divide all remaining forfeited items among Task Force members in proportion to the then assigned Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by court order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification and Hold Harmless. The Board shall purchase general liability insurance for activities of the Task Force. Such insurance shall name each member as an additional insured. By purchasing insurance, the members do not intend to waive, and the Agreement shall not be interpreted to constitute a waiver of, by any member, limitations on liability or immunities provided by any applicable Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability insurance shall be paid from funds provided pursuant to paragraph 7 hereunder. The members of this Agreement are not liable for the acts or omissions of the other members of this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other members. 12. Effective Date. This Agreement shall take full effect on January 1, 2010. All members need not sign the same copy. The signed Agreement shall be filed with the Board's designated fiscal agent, who shall notify all members in writing of its effective date. 13. Termination and Withdrawal. 13.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following events, whichever occurs first: When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or When a majority of members agree by resolution to terminate the agreement upon a date certain; or On December 31, 2014. DAKOTA COUNTY DRUG TASK FORCE 5 2010 -14 JOINT POWERS AGREEMENT 10 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT 13.2 Withdrawal. Any member may withdraw from this Agreement upon 60 -days written notice to the Board. The Board shall notify the members pursuant to paragraph 14. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and effect as to all remaining members. 13.3 Effect of Termination. Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the then assigned Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 7.1 herein. 14. Notice. Notice of withdrawal shall be provided by first class mail to the following: Apple Valley Chief of Police 7100 147th Street West Apple Valley, MN 55124 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Eagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 Farmington Chief of Police 19500 Municipal Drive Farmington, MN 55024 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Inver Grove Heights Chief of Police 8150 Barbara Avenue Inver Grove Heights, MN 55077 Lakeville Chief of Police 9237 183 Street West Lakeville, MN 55044 DAKOTA COUNTY DRUG TASK FORCE 6 17 Mendota Heights Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Rosemount Chief of Police 2875 145 Street West Rosemount, MN 55068 Savage Chief of Police 6000 McColl Drive Savage, MN 55378 South St. Paul Chief of Police 125 3 Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 2010 -14 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Approved by the City Council CITY OF APPLE VALLEY Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 7 2010 -14 JOINT POWERS AGREEMENT le DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF BURNSVILLE Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 8 2010 -14 JOINT POWERS AGREEMENT 19 Approved by the City Council CITY OF EAGAN Date DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 9 2010 -14 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF FARMINGTON Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 10 2010 -14 JOINT POWERS AGREEMENT a l DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF HASTINGS Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 11 2010 -14 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF INVER GROVE HEIGHTS Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 12 2010 -14 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF LAKEVILLE Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 13 2010-14 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF MENDOTA HEIGHTS Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 14 2010-14 JOINT POWERS AGREEMENT DS- DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF ROSEMOUNT Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 15 2010-14 JOINT POWERS AGREEMENT QCp DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF SAVAGE Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 16 2010-14 JOINT POWERS AGREEMENT a� DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF SOUTH ST. PAUL Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 17 2010-14 JOINT POWERS AGREEMENT QF DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by the City Council CITY OF WEST ST. PAUL Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 18 2010-14 JOINT POWERS AGREEMENT ac( DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By Date of Signature Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651-438-4438 Approved as to Form (Asst County Atty): By Date of Signature DAKOTA COUNTY DRUG TASK FORCE 19 2010-14 JOINT POWERS AGREEMENT Agenda Information Memo December 15, 2009, Eagan City Council Meeting F. APPROVE 7-1-09 TO 7-1-10 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7-1-09 to 7-1-10. FACTS: ➢ The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Tony Becker and Ann Stanton of Arthur J. Gallagher & Co., the City's insurance representative. ➢ General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. ➢ Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only one quote from the LMCIT to present to the City Council for consideration. ➢ The insurance renewal is being presented to Council midway through the renewal period due to LMCIT processing delays. Appropriate coverage was bound and has been maintained during the past six months. ➢ The total premium decreased approximately 14% from the prior year as shown below due to increasing the aggregate from $75,000 to $150,000. A detailed explanation of changes is not included in this packet, but is available upon request from the City Administrator's office. Per the conclusion reached by the City Council on September 1, 2009, the renewal approval includes waiving the monetary limit on tort liability. ATTACHMENTS (0) Coverage Increase 2008/2009 2009/2010 Amount Percent Property $ 126,287 $ 112,362 $ (13,925) -11.0% Municipal Liability 184,449 155,375 (29,074) -15.8% Auto Liab& Damage 59,867 49,591 (10,276) -172% Mobile Property 11,865 10,096 (1,769) -14.9% Blanket Bond 2,122 2,802 680 32.0% Open Meeting Law 2,366 2,096 (270) -11.4% Boiler & Machinery 18,596 16,133 (2,463) -13.2% AD&D - Firefighters 2.272 2.272 - - Total premiums $ 407,824 $ 350,727 $ (57,097) -14.0% 31 Agenda Information Memo December 15, 2009 Eagan City Council Meeting G. Approve Proposed 2010 Enterprise Fund Budgets for Public Utilities (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality), Cascade Bay and Community Center. ACTION TO BE CONSIDERED: Approve the proposed 2010 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality), Cascade Bay and the Community Center. FACTS: • The City Council reviewed these budgets in September; no changes have been made since then. • User fees support these budgets. • The utilities rate study that is underway by Springsted, Inc. will be presented to the Council in early -2010. No rate changes will be implemented on January 1 pending the results and recommendations of the study. It is anticipated that changes in the rate structure will be revenue -neutral, so the budgets are unaffected. ATTACHMENTS: • Enclosed on page is the Public Utilities Fund revenues and expenses summary. 2�� - • Enclosed on page �` - is the Cascade Bay Fund revenue and expenses summary. • Enclosed on page. is the Community Center Fund revenues and expenses summary. Water Public Utilities Fund 2010 Budget Revenue and Expense Summary Sanitary Street Storm Water Sewer Lighting Drainage Quality TOTALS Revenues: Service charges $ 5,087,800 $ 6,111,000 $ 541,900 $ 420,300 $ 769,100 $ 12,930,100 Connection permits 4,200 3,500 - - - 7,700 Meter sales 33,600 - - 33,600 Other 8,900 80,000 88,900 Total revenues 5,134,500 6,114,500 541,900 420,300 849,100 13,060,300 Operating expenses: Personal services 1,139,500 481,100 36,700 366,500 2,023,800 Supplies, repairs, maint. 328,300 64,000 - 12,100 35,200 439,600 Other services & charges 2,259,300 4,816,600 519,100 122,700 226,500 7,944,200 Merchandise for resale 20,000 - - 20,000 Capital outlay 34,900 21,900 30,000 2,200 89,000 MCES disposal charges - 726,100 - - 726,100 Total operating exp 3,782,000 6,109,700 519,100 201,500 630,400 11,242,700 Net income before depreciation & debt svc 1,352,500 4,800 22,800 218,800 218,700 1,817,600 Debt service (prin + int) 824,800 824,800 Net cash inflow (outflow) 2,177,300 4,800 22,800 218,800 218,700 2,642,400 Other non -departmental revenues: Interest income 888,000 Connection charges 210,000 Antenna lease revenue 401,400 Other 74,800 Total - non -dept revenue 1,574,200 Net cash inflow (outflow) $ 4,216,600 33 Aquatic Facility (Cascade Bay) Fund 2010 Budget Revenues, Expenses and Other Disbursements Revenues Daily Admissions/Season Pass Group Sales Concessions Classes / Camps Merchandise Sales Vending Rental Interest Other Total Revenues Expenses Personal Services Parts & Supplies Cost of Concession Sales Services & Other Charges Capital Outlay Sub -total Expenses Reserve for Renewal & Replacement Total Operating Expenses and R&R Non -Operating Disbursements Debt Service Payments Total Expenses/Non-Op Disbursements 2007 Actual $ 676,663 143,101 233,674 23,582 10,405 649 6,632 24,721 68 1,119,495 2008 Actual $ 677,623 150,484 226,043 21,886 14,960 1,660 11,020 29,149 79,814 1,212,639 2009 Budget $ 755,000 146,500 225,700 22,500 8,600 1,000 8,000 21,200 1,188, 500 2010 Budget $ 759,400 130,000 225,500 23,000 10,000 2,000 10,000 21,200 $ 494,928 $ 569,348 $ 585,700 $ 66,285 70,254 78,800 86,376 86,415 85,000 157,393 217,729 208,700 16,446 2,516 - 821,428 64,600 946,262 64,600 958,200 67,100 $ 886,028 $ 1,010,862 $ 1,025,300 $ 162,245 $ 156,609 $ 163,200 1,181,100 582,800 76,600 85,000 202,500 3,900 950,800 67,100 $ 1,017,900 $ 163,200 $ 1,048,273 $ 1,167,471 $ 1,188,500 $ 1,181,100 3t/ 2010 ECC rev -exp summary 12/9/2009 Eagan Community Center Fund 2010 Budget Revenues, Expenses and Other Disbursements Revenues Personal Trainers Equipment Rental Parks/Rec Programming Concessions/Vending/Merchandise Sales Group Sales Daily Admissions Memberships Room & Facility Rentals Contract Revenue Passport Processing ECVB Rent Other Total Revenues Other Financing Sources Antenna Lease Revenues Total Revenues/Other Financing Sources Expenses Personal Services Parts & Supplies Cost of Merchandise Sales Services & Other Charges Capital Outlay Total Operating Expenses Reserve for Renewal & Replacement Total Operating Expenses and R&R Debt Service -- voter -approved tax levy 2007 Actual $ 58,837 7,045 11,705 57,812 54,181 74,320 715,967 265,099 83,756 45,596 10,380 5,873 1,390,571 137,275 2008 Actual $ 76,169 15,270 11,065 74,689 52,608 85,690 678,754 212,489 106,298 29,575 11,171 66,784 1,420,562 220,952 2009 Budget $ 62,800 13,100 11,800 66,500 57,000 93,900 690,900 286,300 88,500 31,800 10,500 5,500 1,418,600 237,600 2010 Budget $ 59,500 14,900 11,900 57,500 53,200 105,500 690,000 309,100 84,600 30,000 11,200 6,500 1,433,900 213,800 $ 1,527,846 $ 1,641,514 $ 1,656,200 $ 1,647,700 950,864 74,199 31,568 322,510 24,205 1,403,346 124,500 1,001,100 64,423 30,048 382,879 46,110 1,524,560 1,021,800 58,900 30,000 382,100 5,400 1,498,200 158,000 1,011,500 59,500 26,600 384,800 7,300 1,489,700 158,000 $ 1,527,846 $ 1,524,560 $ 1,656,200 $ 1,647,700 $ 1,123,831 $ 1,119,698 $ 1,130,100 $ 1,124,500 3C Agenda Information Memo December 15, 2009 Eagan City Council Meeting H. Approve 2010 Special Revenue Funds Budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cedarvale Special Services District Fund, Cable TV Franchise Fees Fund, and E -TV Fund ACTION TO BE CONSIDERED: Approve the 2010 budgets for the following Special Revenue Funds: Housing Fund DWI Forfeiture Fund MIF Revolving Loan Fund Cedarvale Special Services District Fund Cable TV Franchise Fees Fund E -TV Fund FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund, the revenue sources, and the expenditure categories are listed for each fund in the attachments. • There are no tax levies related to these funds. ATTACHMENTS: • Housing Fund budget on page,% .22Q • DWI Forfeiture Fund budget on page . • MIF Revolving Loan Fund budget on page • Cedarvale Special Services District Fund budget is on page140 . • Cable TV Franchise Fees Fund budget on pag • E -TV Fund budget on pages L4, through 3(e 40' City of Cain 2010 Proposed Budget Operating Budget Special Revenue Funds - Housing Fund (113) Contractua !Services 90% Expenditure by Category Monitoring Fee 10% J HIGHLIGHTS & CHANGES Overview: No significant changes to revenue streams and expenditures are anticipated in 2010. REVENUE & EXPENDITURE DETAIL 2007 2008 2009 " 2010 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 2,272,457 Revenues: Housing Bond Fees 71,651 Interest on Investments 128,389 Total Revenues 200,040 Other Financing Sources: Interest on Loan Principal on loan Tota I Other Financing Sources Total Revenues and Other Financing Sources 43,342 55,000 $ 2,566,839 $ 2,866,196 $ 3,117,511 75,221 72,000 72,000 132,913 85,700 65,000 208,134 157,700 137,000 39,898 37,815 34,785 55,000 60,000 60,000 98,342 94,898 298,382 303,032 97,815 94,785 255,515 231,785 Expenditures: Monitoring Fee 400 300 400 400 Contractual Services 3,600 3,375 3,800 3,800 Total Expenditures 4,000 3,675 4,200 4,200 Fund Balance, End of Year $ 2,566,839 $ 2,866,196 $ 3,117,511 $ 3,345,096 3% *City ot6aQa�e 2010 Proposed Budget Operating Budget Special Revenue Funds - DWI Forfeiture Fund (115) Expenditure by Category Conf. & Train. Parts and 18% Supplies 79% Prof Svcs 2% Blood draws \ 1% J Fund Balance, Beginning of Year HIGHLIGHTS & CHANGES Overview: The only significant change from 2009 is the planned purchase of a Dodge Charger for $35,000 to be used for DWI enforcement REVENUE & EXPENDITURE DETAIL 2007 2008 2009 2010 Actual Actual Budget Budget 18.882 S 40,440 16,794 $ 42,794 Revenues: DWI Forfeitures 36,536 39,591 38,000 38,000 Interest on Investments 1,744 724 500 600 Total Revenues 38,280 40,315 38,500 38,600 Other Financing Sources: Transfers In Total Other Financing Sources Total Revenues and Other Financing Sources 38,280 40,315 38,500 38,600 Expenditures: Parts and Supplies 8,105 47,835 3,000 35,000 Conference & Training 8,469 8,865 8,000 8,000 Professional Services 148 7,261 1,000 1,000 Blood draws for DWI cases - - 500 500 Mobile Equipment - Total Expenditures 16,722 63,961 12,500 44,500 Fund Balance, End of Year 40,440 $ 16,794 $ 42,794 $ 36,894 4111City of Ekon 2009 Proposed Budget Operating Budget Special Revenue Funds — MIF Revolving Loan Fund (118) Fund Balance, Beginning of Year 2007 Actual HIGHLIGHTS & CHANGES Overview: The loan to Biothera was disbursed in 2009. The only planned activity in the fund for 2010 is receipt of the monthly payments from Biothera, and the related payment to the State's Minnesota Investment Fund (MIF) of 80% of receipts. REVENUE & EXPENDITURE DETAIL 2008 2009 2010 Actual Budget Budget $ $ $ $ 5,742 Revenues: State Grants 350,000 - Interest on Interfund Receivable 28,704 57,408 Total Revenues 378,704 57,408 Expenditures: MIF Repayment to State 22,962 45,924 Loan disbursement to Biothera 350,000 - Total Expenditures 372,962 45,924 Excess of Revenue Over(Under) Expenditures 5,742 11,484 Fund Balance, End of Year $ $ $ 5,742 $ 17,226 CItJ of Eta 2009 Proposed Budget Operating Budget Special Revenue Funds — Cedarvale Special Services District (119) Fund Balance, Beginning of Year 2007 Actual HIGHLIGHTS & CHANGES Overview: No significant changes are proposed for the 2010 budget. REVENUE & EXPENDITURE DETAIL 2008 2009 2010 Actual Budget Budget 3,830 $ 2,699 $ 1,008 $ 608 Revenues: Special Services District Taxes 2,993 3,196 3,000 3,000 Interest on Investments 205 147 100 100 Total Revenues 3,198 3,343 3,100 3,100 Expenditures: Professional Services -Auditing Mowing & weed control Electricity Total Expenditures Excess of Revenue Over(Under) Expenditures Fund Balance, End of Year - 589 2,500 2,500 4,215 4,343 1,000 1,000 114 102 4 329 5,034 3,500 3,500 (1,691) (400) (400) $ 2,699 $ 1,008 $ 608 $ 208 LID City of Etat' 2009 Proposed Budget Operating Budget Special Revenue Funds - Cable TV Franchise Fee Fund (196) ETV Operations 38% Capital Equipment per CIP 12% Expenditure by Category Transfer to General Fd. 50% HIGHLIGHTS & CHANGES Overview: The dissolution of the Burnsville -Eagan Community Television partnership and resulting establishment of the new Eagan Television venture, combined with new rules established by the Federal Communications Commission have significantly altered expenditures in this fund since 2008. However, there isn't much change from 2009 to 2010. REVENUE & EXPENDITURE DETAIL 2007 2008 2009 2010 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 2,121,357 $ 2,432,118 $ 2,560,162 $ 2,474,255 Revenues: Cable TV Franchise Fees 714,957 757,071 720,000 750,000 Interest on Investments 144,719 148,351 75,160 51,200 Sale of City Property - - - Total Revenues 859,676 905,422 795,160 801,200 Expenditures: Capital Equipment per CIP 11,765 32,592 117,467 106,200 BETC/BECTFunding 103,500 77,625 - E -TV Operations Funding 201,403 315,900 339,600 Professional Services 400 300 - - Project Contract Total Expenditures 115,665 311,920 433,367 445,800 Other Financing Uses: Transfer to General Fd - Communications 433,250 465,458 447,700 448,700 Total Expenditures and Other Financing Uses 548,915 777,378 881,067 894,500 Fund Balance, End of Year $ 2„432 118 $ 2,560,162 $ 2,474,255 $ 2,380,955 4,11` City otEatao 2009 Proposed Budget Operating Budget E -TV (197) Responsible Manager: Tom Garrison, Director of Communications REVENUE SUMMARY Actual Actual Budget Budget Revenue 2007 2008 2009 2010 4689 PEG fees $ 375,000 $ 370,000 4690 City contribution - from Cable Franchise Fees fund 339,100 339,600 4699 Class fees 3,500 8,000 4696 Dub/Rental/Paid production 1,500 2,500 4698 Community programming sponsorship 5,000 25,000 Total Revenues - all sources 724,100 745,100 Less: PEG fees available for future capital expenditures (280,900) (291,400) Total Operating Revenues $ 443,200 $ 453,700 CAPITAL PURCHASES Capital Purchases - 2010 Cost P2 Video & Lighting Package $ 18,800 Prisma Ring Connection 17,900 Video Truck (shared w/ Burnsville) 17,500 Total $ 54,200 4a 40/* City atEarn 2009 Proposed Budget Operating Budget Acct PERSONAL SERVICES 6110 SALARIES AND WAGES -REGULAR 6112 OVERTIME - REGULAR 6130 SALARIESAND WAGES -TEMPORARY 6142 PERA-COORDINATED 6144 FICA 6151 HEALTH INSURANCE/VEBA 6152 LIFE 6154 DISABILITY- LONG TERM 6155 WORKERS COMPENSATION TOTAL PERSONAL SERVICES PARTS & SUPPLIES 6210 OFFICE SUPPLIES 6212 OFFICE SMALL EQUIPMENT 6215 REFERENCE MATERIALS 6220 OPERATING SUP PLI ES - GENERAL 6224 CLOTHING/PERSONAL EQUI PMENT 6231 MOBILE EQUIPMENT REPAIR - PARTS 6232 SMALL EQUIPMENT REPAIR - PARTS 6235 FUEL, LUBRICANTS, ADDITIVES 6270 COMPUTER SOFTWARE TOTAL PARTS & SUPPLIES 6310 6346 6347 6353 6355 6357 6359 6370 6385 6405 6425 6426 6457 6475 6476 6477 6479 6535 6569 E -TV (197) Responsible Manager: Tom Garrison, Director of Communications Actual 2007 Actual 2008 SERVICES & OTHER CHARGES PROFESSIONAL SERVICES -GENERAL POSTAGE TELEPHONE SERVICE & LINE CHARGES PERSONAL AUTO/PARKI NG CELLULAR TELEPHONE SERVICE GENERAL ADVERTISING LEGAL NOTICE PUBLI CATION GENERAL PRINTING AND BINDING INSURANCE ELECTRICITY MOBILE EQUIPMENT REPAIR - LABOR SMALL EQUIPMENT REPAIR - LABOR MACHINERY & EQUIPMENT RENTAL MISCELLANEOUS CONFERENCES AND SCHOOLS LOCAL MEETING EXPENSES DUES AND SUBSCRIPTIONS OTHER CONTRACTUAL SERVICES MAI NTENANCE CONTRACTS OTHER SERVI CES AND CHARGES CAPITAL OUTLAY 6640 MACHINERY/EQUIPMENT 6660 OFFICE FURNISHINGS/EQUIPMENT CAPITAL OUTLAY LINE ITEM DETAIL Budget 2010 $ 239,200 2,500 14,000 17,900 19,600 37,500 1,300 Budget 2009 $ 235,400 2,000 14,000 15,800 17,900 34,600 1.200 320,900 1,300 500 300 3,500 1,200 4,000 5,000 1,400 8,500 25,700 9,200 800 200 1,600 2,700 2,200 300 3,200 7,300 12,000 2,500 5,000 2,000 2,400 5,300 1,000 4,700 5,400 22,400 90,200 5,400 1,000 6,400 332,000 1,300 500 300 8,800 2,500 3,000 4,500 1,500 13,200 35,600 1,500 800 200 1,000 2,700 2,300 300 2,300 7,300 12,000 2,500 4,500 2,000 5,000 4,100 1,000 5,300 23,300 78,100 7,200 800 8,000 TOTAL E -TV $ - $ 443,200 $ 453,700 2.37% �3 Agenda Information Memo December 15, 2009 Eagan City Council Meeting I. Approve 2010 Eagan Convention & Visitors Bureau Budget ACTION TO BE CONSIDERED: To approve the 2010 Eagan Convention & Visitors Bureau (ECVB) budget adopted by the ECVB's board. FACTS: • Under the agreement between the City and the ECVB, the City must approve the annual budget adopted by the ECVB. • The ECVB Board formally adopted its budget on October 1. • The City Council reviewed the ECVB's marketing plan and budget at its October 13 workshop and directed it to a future consent agenda for approval. ATTACHMENTS: • A budget summary is on page 45—: . 41 Eagan Convention & Visitors Bureau 2010 Budget INCOME Lodging tax Other Utilization of reserves Total Income EXPENSES Personnel Other Office Marketing Travel & Entertainment Total Expenses 2007 Actual 2008 Actual $ 832,422. $ 833,003 $ 27,250 12,529 2009 Budget 800,000 27,000 50,000 859,672 845,532 877,000 195,494 231,538 261,000 130,805 133,722 123,500 13,480 16,345 24,500 286,260 352,677 437,000 19,020 23,706 31,000 645,059 757,988 877,000 2010 Budget $ 640,000 28,000 50,000 718,000 252,000 104,000 7,000 333,500 21,500 Net income $ 214,613 $ 87,544 $ $ 718,000 Agenda Information Memo December 15, 2009 Eagan City Council Meeting J. MINNESOTA POLLUTION CONTROL AGENCY GRANT FISH LAKE AND SCHWANZ LAKE NUTRIENT IMPAIRMENT TMDL ACTION TO BE CONSIDERED: Approve an extension of the grant contract between the State of Minnesota and the City of Eagan for the Fish Lake and Schwanz Lake Nutrient Impairment Total Maximum Daily Load (TMDL) Project (2008-2009) to December 30, 2010. FACTS: • The federal Clean Water Act (CWA, USC 33, §1313(d)) and applicable federal regulations require states to adopt water quality standards to protect waters from pollution. A waterbody is "impaired" if it fails to meet one or more of the standards. • The CWA requires states to: 1) assess waters to determine if they meet water quality standards; 2) list waters that do not meet standards (i.e. "303d List"); and 3) conduct TMDL studies to set pollutant reduction goals needed to restore waters. • "TMDL" is the maximum amount of a pollutant a waterbody can receive and still meet water quality standards. • Minnesota's Clean Water Legacy Act (CWLA, Minn. Stats. Ch. 114D) was established in 2006 "to protect, restore, and preserve the quality of Minnesota's surface waters by providing authority, direction, and resources to achieve and maintain water quality standards for surface waters," according to the CWA and applicable federal regulations. The CWLA established an account in the state's environmental fund to accelerate water monitoring, TMDL development, and restoration activities throughout the state. • Despite historical and exemplary efforts by the City of Eagan's water resources program since 1990, the state included Fish and Schwanz Lakes on the 2006 303d List for nutrient impairment (i.e., phosphorus). • On January 15, 2008, the City Council authorized execution of a professional and technical services grant contract between the Minnesota Pollution Control Agency (MPCA) and the City of Eagan, for the City to conduct a Fish Lake and Schwanz Lake Nutrient Impairment TMDL Project during 2008 and 2009, receiving $90,000 in CWLA funding. • The proposed Fish Lake and Schwanz Lake Nutrient Impairment TMDL Project began in early February 2008 and was to end by December 30, 2009. While draft TMDL reports have been prepared for each of the lakes and presented to the public at open house meetings, it appears that the final product will not be completed by the proposed deadline. • MPCA staff, responsible to the federal Environmental Protection Agency regarding the CWA, have indicated support for the extension of the contract to allow the completion of the project and have requested the Council's action. Water Resources staff support the proposed extension of the contract. Agenda Information Memo December 15, 2009 Eagan City Council Meeting K. CONTRACT 09-06, WANDERING WALK PARK WETLAND BANK ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-06 (Wandering Walk Park — Wetland Bank Improvements) in the amount of $2,464.63 to G. F. Jedlicki, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-06 provided for the construction of a wetland bank site through berm construction, grading, soil compaction, and storm water rerouting within Wandering Walk Park for the purpose of acquiring additional wetland bank credits (about 3 acres). This work has been completed in accordance with the approved plans and specifications. • The total cost for the wetland bank site construction was $49,292.50, or 2.4% less than the bid amount of $50,480.00. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ¢7 Agenda Information Memo December 15, 2009 Eagan City Council Meeting L. CONTRACT 09-19, RAIN GARDENS CURB CUT/INLET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-19 (Rain Gardens - Curb Cut/Inlet Improvements) in the amount of $30,457.25 to Bituminous Roadways, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-19 provided 34 curb cuts or drainage inlets by the removal and replacement of concrete curb and gutter at 31 rain garden sites located primarily within two neighborhoods (Coventry Pond and north of Schwanz Lake), as well as multiple individual locations throughout the City of Eagan.. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 1(5) Agenda Information Memo December 15, 2009 Eagan City Council Meeting M. CONTRACT 09-06B, WANDERING WALK PARK WETLAND BANK - PLANTINGS ACTION TO BE CONSIDERED: Approve the final initial phase payment for Contract 09-06B (Wandering Walk Park — Wetland Bank Planting) in the amount of $1,865.73 to Applied Ecological Services, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions, including a 4 -year maintenance plan by the contractor. FACTS: • Contract 09-06B provided for the invasive plant species removal and wetland plant establishment for the wetland bank site in Wandering Walk Park. This work was completed in conjunction with the grading and storm sewer construction for the wetland bank site establishment (Contract 09-06). This work has been completed in accordance with the approved plans and specifications. • The total bid amount for the wetland bank site planting was $19,714.86, and included a 4 - year maintenance plan by the contractor. Total payment for the contractor's services will be as follows: • Initial weed removal and plant establishment $13,427.86 • Year 1 weed removal and plant maintenance $ 1,970.00 • Year 2 weed removal and plant maintenance $ 2,041.00 • Year 3 plant maintenance $ 1,138.00 • Year 4 plant maintenance $ 1,138.00 • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 5�9 Agenda Information Memo December 15, 2009 City Council Meeting N. TO APPROVE AN EXPENDITURE TO SEND MAILED NOTICES REGARDING AN AIRPORT NOISE TOWN HALL MEETING ON JANUARY 12, 2010 ACTION TO BE CONSIDERED: To approve an expenditure not to exceed $600 to send mailed notices regarding the January 12, 2010 FACTS: • In accordance with the 2010 Airport Relations Commission (ARC) Work Plan, which was discussed at the November 10 joint meeting of the Council and ARC, the Commission is recommending that an airport noise town hall meeting be held on Tuesday, January 12 at 7 p.m. at Cedar School. • The Commission is suggesting that the meeting be focused on the neighborhood immediately surrounding Cedar School, which is an area of the community that experiences aircraft noise. • Members of the Commission will be in attendance at the open house, as will staff from the Metropolitan Airport Commission, who will be providing noise statistics and operational forecasts specific to the area that is being invited. • At the December 8 ARC meeting, the Commission took formal action to recommend that the Council authorize an expenditure to mail notices regarding the airport noise town hall meeting to approximately 900 households, at a cost not to exceed $600. • Since the advisory commissions do not have budgeted allocated to them, the cost of the notifications is proposed to be allocated from the Administration budget. • The mailed notice will also include a web address where the residents can go to fill out a web -based survey regarding the impact of airport noise. The survey will include questions regarding the perceived impact of airport noise, and specifically, what aspects of the noise are most bothersome (e.g. nighttime noise, frequency of flights, arrival operations, etc.). ATTACHMENTS: • Enclosed on page 5/ is the proposed notification area for the January 12, 2010 Town Hall meeting. Location Map Isom RaaHry Pond Area Park Ana Nulkihug Fesporlut t ALS, aliZarlifir ,0olu7G1.05513L11 UPE) • MGG�,7���[aQs InlrGGO 6_�AF a r J' N III 14� LArJ 1 ■r I h 1TJ L.,! I NJ RIM L'IrJ IL LPFJ �L1FJ !L1FJ L1FJ I ■FJ L11J ��f J ail I1FJ�•L10 1 P■* 1 1111 L1R1 t�L7rj LIE I I ■} J 1 ■u "L1L I L1■ I A����c�VJ I.1PJ 1 ■FJ iL11J !NFU LSrJ 777y .R I 11■I i �"'J L1FJ I■FJ 5h.LLr IVL7L'1FJ taxi - es�J��..#4 %' "'"(Z)% '!ss7 0 50_ r7 4 NU LIAi .'Pilii,11 L"V tte„. , 1] CGSf44IN.0,i 4jG•iii:,,,, .1rJ LwLi(i+1:. *I 1( 1 VL4"Ili i yA* SJJ—.--.J OJ O.L__LLI w00 0 NCO 2000 Fest Cedar School Notification Area lCit,of THIS MAP IS WENDED FOR REFERENCE USE ONLY The Cit/ of Etap•n and Debella County do not amortise the accuracy of this Infonmtlon tend are not responsible for errors or omissions. S/ Agenda Information Memo December 15, 2009 Eagan City Council Meeting O. PROJECT 1020, THOMAS LAKE WOODS ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1020, (Thomas Lake Woods Additions - Street Improvements) and schedule a public hearing to be held on January 19, 2010. FACTS: • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within the Thomas Lake Woods Additions in west -central Eagan. • A structural mill and overlay of these streets is programmed for 2010 in the City of Eagan's 5 -Year CIP (2010-2014). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 19, 2010. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. G Agenda Information Memo December 15, 2009 Eagan City Council Meeting P. PROJECT 1023, EAGAN ROYALE/ SAFARI ESTATES/ SAFARI 3RD & 4TH ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1023, (Eagan Royale/ Safari Estates/ Safari 3rd/ 4th Additions - Street Improvements) and schedule a public hearing to be held on January 19, 2010. FACTS: • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within the Eagan Royale/ Safari Estates/ Safari 3rd/ 4th Additions in southwest Eagan. • A structural mill and overlay of these streets is programmed for 2010 in the City of Eagan's 5 -Year CIP (2010-2014). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 19, 2010. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 53 Agenda Information Memo December 15, 2009 Eagan City Council Meeting Q. PROJECT 1024, KENNEBEC DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1024, (Kennebec Drive - Street Improvements) and schedule a public hearing to be held on January 19, 2010. FACTS: • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Kennebec Drive, from Silver Bell Road to Seneca Road, in northwest Eagan. • A structural mill and overlay of this street is programmed for 2010 in the City of Eagan's 5 -Year CIP (2010-2014). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 19, 2010. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo December 15, 2009 Eagan City Council Meeting R. PROJECT 1025, OAK CLIFF 4TH STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1025, (Oak Cliff 4th - Street Improvements) and schedule a public hearing to be held on January 19, 2010. FACTS: • On June 2, 2009 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of streets within the Oak Cliff 4th Addition in southwest Eagan. • A structural mill and overlay of these streets is programmed for 2010 in the City of Eagan's 5 -Year CIP (2010-2014). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 19, 2010. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. S5 Agenda Information Memo December 15, 2009 Eagan City Council Meeting S. CONTRACT 09-18, DUCKWOOD DRIVE/FEDERAL DRIVE BRIDGE/STREET IMPROVEMENTS - AWARD PROFESSIONAL SERVICES CONTRACT ACTIONS TO BE CONSIDERED: Award Professional Services Contract for design of Contract 09-18 (Duckwood Drive/Federal Drive Bridge/Street Improvements) to SRF Consulting Group, Inc. and authorize the City Engineer to execute a Work Order according to the terms of the City's Master Contract. FACTS: • The City's Comprehensive Transportation Plan includes the development of a "Ring Road" circulator around the intersections of Pilot Knob Road, Yankee Doodle Road and I -35E. The City has been coordinating the development and improvement of related infrastructure to accommodate this transportation element for the past 15 years. The Northwood Parkway Overpass component of the Ring Road was completed in October 2008. The remaining component is the Duckwood Drive extension with a similar overpass of I -35E. • On October 6, 2009, the Council took the following actions related to the Duckwood Drive Overpass: 1. Received the Duckwood Drive Overpass Traffic Study, including the recommended geometric layout; and, 2. Authorized solicitation of a Request for Proposals for professional services to prepare detailed plans and specifications; and, 3 Approved a Federal Funding Agreement for final design services. • The City published a Request for Proposals to provide professional engineering services on October 7, 2009. • On November 9, 2009, the City received six (6) proposals for professional services. • On November 17, 2009, a committee consisting of representatives from the City's Public Works Department, Dakota County Transportation Department and the Minnesota Department of Transportation- Bridge Division evaluated and ranked the proposals. • The Public Works Department entered into negotiations with the highest ranked firm, SRF Consulting Group, Inc., and has arrived at an acceptable scope and budget for the professional services in the amount of $369,342. A final design with "shovel ready" plans and specifications are scheduled to be completed by June 2010. The completion of these design plans will help Staff pursue construction funding opportunities. • SRF Consulting Group, Inc is included in the City's pool of preselected consultants. A master contract between the City and SRF has been previously approved and the City Engineer will execute a Work Order with SRF upon the Council's approval. • The City has been successful in securing $1 million in federal funding to be applied towards preliminary engineering and right of way acquisition for the Central Area Ring Road Improvements. To date, approximately $360,000 has been applied to the final design of the Northwood Parkway Overpass and $75,000 has been applied to the completion of the Duckwood Drive Overpass Traffic Study. With the completion of the Duckwood Drive Overpass final design, an approximate balance of $195,000 in federal funds remain for other aspects of the Ring Road concept, including advancing this next stage of the Duckwood Drive overpass. • According to the terms of the federal funds, the City's financial share of preliminary engineering is 0% while the federal financial share of the final design services is 100%. G7 Agenda Information Memo December 15, 2009 Eagan City Council Meeting T. 2010 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2010. FACTS: • Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the Council's approval. ATTACHMENTS: • Consulting Engineering Fees, page . • Fee Increase Comparison, page 6,0 . 2010 COMPARISON OF RATES OF CONSULTING ENGINEERING FIRMS FOR THE CITY OF EAGAN GENERAL MUNICIPAL ENGINEERING SERVICES CLASSIFICATION BOLTON & MENK INC BONESTROO WSB CITY City Position Title Senior Principal / Principal $135 - $190 $122 - $150 $134 $150.00 Department Head Principal Engineer / Sr Associate / Senior Proj Manager $100 - $150 $119 - $138 $121 Specialist / Associate / Sr. Proj Manager $110 - $170 $106 - $176 $124 $130.00 City Engineer Project Manager / Dept Mngr / Design Review Engr $60 - $145 $115 - $135 $112 $120.00 Assistant City Engineer Registered Engineer/ Architect/ Natural Resource/Senior GIS Specialist $110 - $136 $110.00 Transportation Engineer Landscape Architect / Hydrologist / Planner $99 - $121 Project Engineer/Architect $60 - $135 $83 - $119 $105 Senior GIS Designer / Water Resource / Senior Designer $84 - $104 MIS Specialist Engineering Specialist / ROW Spec / Senior Agent $70 - $120 $96 $95.00 Project Coordinator System Integration Specialist / Senior Editor Graduate Engineer/Architect $76 Senior Field Supervisor / Construction Observer $88 - $119 Lead Technician/Engr Tech IV/CADD/Survey/Graphics $68 Senior Technician/Engr Tech III/CADD/Survey/Graphics $70 - $120 $67 - $98 $62 $85.00 Engineering Technician Engineering Technician II/Scientist I/CADD/Survey/Graphics $50 - $90 $56 Project Technician $47 - $67 $49 Administrative Assistant Word Proc/Admin Tech/Office Tech II $35 - $80 $62 $60.00 Clerical Technician Clerical/Assoc Tech/Office Tech I $33 Licensed Surveyor $70 - $135 $127 - $157 Project Surveyor $60 - $100 3 -Person Survey Crew $167 $160.00 2 -Person Survey Crew $140 $135.00 GPS Survey Equipment Included Above $38 Total Station Equipment Included Above $28 GIS Workstation Equipment Included Above $22 GPS Submeter Unit (per half day) $80 Mileage Included Above Included Above IRS Rate Reproduction, Printing, Duplicating, Stakes, Field Supplies, Telephone calls Etc. Included Above Included Included Actual Costs Rev. 12-09-2009 G:CONSULTING ENG SERVICES/RATES/Rate Schedule'09 co W W LL Z w w Zz co z —a, w o- z� 0J0 oN N O v LL 0 w 0 w cc 0 Z CITY OF EAGAN 0 G:CONSULTING ENG SERVICES/RATES/Rate Schedule Increase'10 01 0 0 N 0) O N 2009 % 2010 Position Title Dept. Director City Engineer Asst City Engineer Transportation Engineer Project Coordinator I Engineering Technician (Clerical Technician I 0 O O in fA O o ch EA O 0 N_ ER O o fA O ui O) Fti O ui CO ER O o CO EA O O CO fA O U) CO fA Current Allowable IRS Rate Actual Costs 0 0 o %0"0 0 O 0 0 O o 0 0 0 0 o 0 0 0 o 0 0 o %0'0 0 IOO ER 0 0 N EH 0 ci Vi 0 o 69 0 N FA $85.00 0 O ER 0 COO ER 0 M ER WSB O N 0 a)0 O N 0 Cr) 0 N 69 0 o N 0 N A- 0 u) 0 0 69 O c0 h ER $68.00 O N c0 69 O c0 u) ER O O R CR O N c0 69 O c E) ER O F- CO EA O O R EA 0000 0 0 0 0.- 0 o 0 0 O O 0 O O 0 o O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 00 o O O O $134.00 s- N y� 0 0 N EF1 $112.00 I 00 0 O EA W 69 0 0 trD EA 0 c0 ER 0 00 O ER 0 IOA ER 0 0 EA 0 c) 0 CO ER $33.00 0 c0 EA 0 0 V •R BONESTROO o O N 0 rn 0 N $136.00 $141.00 O u) N 7,-, $123.00 0 EA 0. O EA 0 a O fA $103.50 J I N co ER $57.00 $142.00 I $38.00 $28.00 0 N N EA 0 O co . 0 o O 0 O o 0 O o 0 o O 0 O o 0 o 0 0 0 0 0 0 o 0 0 O 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 COQ) z,-). _0 ER $125.00 $123.00 000 o fR O i -,-, A Ion 0 EA $82.50 $57.00 $142.00 $38.00 $28.00 00 N to co EA BOLTON & MENK 0 p N 0 o o N 0 u) 0 ER $125.00 0 0 0 fA u, F- E o ui LA 0 IC) CA 00"0L$ uo), n 69 $102.50 0 o CD ER m -o 3 C (1) V > C ami U > C d -o C -o N m CC 'O N U m 0 o O 0 0 O 0 O O 0 o O 0 o � 0 O O o °r\., cci N o o O O N O _ EA $125.00 coO 0)) Vl 0 00) EA 0 0 N- ER 0) Lc ER 0 W EA c00 ER CLASSIFICATION (Senior Principal / Principal Principal Engineer/Sr Associate/Sr Proj Mgr Specialist / Associate / Sr. Proj Mgr Proj. Mngr / Dept Mgr. / Design Review Engr. Registered Engineer/Architect/Natural Resource/Senior GIS Specialist Landscape Architect / Hydrologist / Planner Project Engineer/Architect GIS Designer / Water Resource/ Designer MIS Specialist Engineering Specialist/ROW Spec/Sr Agent System Integration Specialist/Senior Editor Graduate Engineer / Architect Sr Field Supervisor/Construction Observer Lead Technician / Engr Tech IV / CADD / Survey / Graphics Senior Technician / Engr. Tech III / CADD / Survey / Graphics Engineering Technician II / Scientist I / CADD / Survey / Graphics Project Technician Administrative Assistant Word Proc/Admin Tech/Office Tech II Clerical/Assoc Tech/Office Tech I Licensed Surveyor Project Surveyor 3 -Person Survey Crew 2 -Person Survey Crew GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per use) a) 0) c0 N Reproduction, Printing, Duplicating, Stakes, Field Supplies, Telephone calls Etc. 0 G:CONSULTING ENG SERVICES/RATES/Rate Schedule Increase'10 01 0 0 N 0) O N Agenda Information Memo December 15, 2009, Eagan City Council Meeting U. EXTENSION OF CONDITIONAL USE PERMIT AND VARIANCE APPROVALS (SPECTRUM BUSINESS PARK) — BRICKS AND MORTAR LLC ACTION TO BE CONSIDERED: To approve a one-year extension of the Conditional Use Permit (CUP) and Variance approvals for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW 'A of Section 2. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the CUP and Variances on February 4, 2008. > The CUP and Variances provided joint parking, 9 foot by 19 foot parking stalls and a 10 foot reduction from the required 20 foot parking setback from Blue Gentian Road and TH 55. > A one year extension was granted on January 6, 2009. ➢ The applicant, Spectrum Development Group, LLC is requesting an extension due to the current real estate market. > This request would extend the approvals until February 4, 2011, allowing additional time for the applicant to develop the property. ATTACHMENTS (2): Location Map, page (Qa Letter from Spectrum Development Group, page (03 toI Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint Sub"ect Site 11555 5r55MEE la- JJSJJ°- ` �' JJ _APOLLO .141 ...,w 1000 0 1000 2000 Feet Development/Developer: Spectrum Business Park Application: Conditional Use Permit Case No.: 02 -CU -15-12-07 411'City orCap Community D.v.lopm.nt Department Goa THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. DEVELOPMENT GROUP, L.L.C. December 4, 2009 Mayor Mike McGuire Paul Bakken, Councilmember Gary Hansen, Councilmember Cyndee Fields, Councilmember Meg Tilley, Councilmember 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Extension of Conditional Use Permit, Variance to Allow 9 ft x 19 ft parking spaces and the Variance from the required 20 ft setback from Blue Gentian Road and TH 55. Lot 1, Block 1 Spectrum Business Park Class A Office Building Dear Mayor and Councilmembers: Spectrum Development Group, LLC respectfully requests a one year extension to its Conditional Use Permit and the above referenced variances on Lot 1, Block 1 Spectrum Business Park. Spectrum is requesting a one year extension as a result of the unstable real estate market and economy. We have been communicating on the above referenced property with a prospect that despite the unstable economy is prospering. We believe when we are able to develop this property, it will be a welcome addition to our immediate area and to the City of Eagan. If you have any questions, please feel free to contact me. Thank you for your consideration. Sincere chard V. Morp resident Cc: Planning Department (v3 1000 Blue Gentian Road • Suite 135 • Eagan. MN 55121 65 L675.0500 • Fax 651.675.290 Agenda Information Memo December 15, 2009 Eagan City Council Meeting V. CITY EVENT SIGNAGE ON PUBLIC UTILITY POLES — CITY OF EAGAN ACTION TO BE CONSIDERED: To CONFIRM City sponsored event signage is consistent with the definition of Governmental signage. FACTS: ➢ The Sign Ordinance permits governmental signage to be placed in public rights-of-way and on utility poles. ➢ The City of Eagan 150th Anniversary Celebration Committee is interested in placing banners on public property recognizing the anniversary in certain locations around the City. ➢ The banners appear to serve a general public purpose and no private or business information is proposed to be placed on the banners. To confirm this interpretation, however, staff is proposing the action above. ATTACHMENTS: (1) Chapter 11 Sign Ordinance information GS . (O1 Chapter 11, Subd. 11.70 Placement, Erection and Maintenance of Signs 3. Definitions. (c) Governmental sign means any sign placed, erected or maintained by a governmental entity or agency for identification of or directions to a public facility or street or for traffic control or general public services. C. General sign standards. 4. Location on public property. No sign, other than governmental signs, shall be placed upon any city owned public property, or railroad right-of-way. No sign, other than governmental signs, shall be affixed to any utility pole. 8. Placement within public right-of-way. No sign other than governmental signs, shall be located within any city owned public right-of-way, except as follows: (a) Residential name and address signs may be located within the public right-of-way when such signs are attached to mail boxes, private lampposts or the like. (b) Non -business signs may be placed in the public right-of-way of a local street only if the sign is located more than ten feet from the back of the street curb where no trail exists or more than 25 feet from the back of the curb where a trail exists. Agenda Memo Eagan City Council Meeting Consent Agenda December 15, 2009 W. CEDAR GROVE REDEVELOPMENT DISTRICT — APPROVE UPDATE AND DISTRIBUTION OF REDEVELOPMENT AREA AUAR ACTION TO BE CONSIDERED: To approve an update of the Alternative Urban Areawide Review for the Cedar Grove Redevelopment Area and authorize its distribution. FACTS: > In 2002, the City commissioned SRF to prepare an Alternative Urban Areawide Review (AUAR) of the Cedar Grove Redevelopment District. An AUAR is an environmental analysis document, sometimes used in larger, multi -use developments in lieu of an EAW/EIS process. ➢ AUARs are to be updated every five years, which in the case of Cedar Grove, corresponds to the City's decision to move forward with a revised development masterplan. > The City originally authorized SRF to initiate the update to the AUAR in 2007, shortly before the downturn in the development market and economy resulted in a postponement of the area's development plans. Upon the submittal of the revised Core Area concept plan in early 2009, staff directed SRF to proceed with the update on the basis of that plan. > Since that time, the consultant has updated baseline data based on development and public improvements that have occurred to date, current traffic counts, revised development densities and types, development timeline and other factors and prepared revised projections and findings for review. ➢ Under State rules, because the essential issues and mitigation were defined under the original AUAR, the update process focuses primarily on state agencies and parties who commented on the original analysis in 2002. Those parties receive specific notice of the availability of the document, but it is also published in the EQB monitor general public notice, as occurs with other environmental reviews. > Upon completion of the comment period, the AUAR will return to the City Council for consideration of final adoption at the meeting on January 19, 2010. ATTACHMENTS: / > Memorandum from project consultant on pages (07 through ece > Cedar Grove Redevelopment AUAR and Mitigation Plan enclosed without page number. WITI C ONSULTING G ROUP, INC. ENGINEERS 1 PLANNERS I DESICNERS TO: MEMORANDUM Jon Hohenstein Community Development Director City of Eagan FROM: Nancy Frick, AICP Senior Associate DATE: December 9, 2009 SUBJECT: CEDAR GROVE REDEVELOPMENT AREA AUAR UPDATE MINNEAPOLIS FARGO MADISON SRF No. 066311 As requested, we submitted the Cedar Grove Redevelopment Area Alternative Urban Areawide Review (AUAR) Update to your attention December 2, 2009. This document updates the findings of the Cedar Grove AUAR that was adopted by the City Council November 7, 2002. And Update document is required by Minnesota Environmental Quality Board (EQB) rules if five years have passed since adoption of the original AUAR. The findings of the Update are as follows: • The 2009 AUAR Update Scenario includes 1,275 residential units, 769,140 square feet of office/warehouse/showroom, 63,000 square feet of retail, 73,000 of retail/service/ commercial, a 12,600 square foot restaurant, a transit station, and a 166 -room hotel. This includes proposed development as well as existing uses to remain. • The 2009 AUAR Update Scenario includes 281 more housing units, 46 more hotel rooms, 43,961 square feet less commercial and retail uses, 182,200 square feet less office and warehouse uses, and a smaller transit station as compared to the 2002 AUAR Scenario. • The current anticipated build out date is 2025. The anticipated build out date at the time of the 2002 AUAR was 2015. • There has been an overall reduction in traffic volumes throughout the study area as well as reduction in proposed land use densities since 2002. As a result, acceptable levels of service at area intersections can be achieved with fewer congestion and safety improvements than were recommended in the 2002 AUAR. Current www.srfconsulting.com One Carlson Parkway North, Suite 150 ( Minneapolis, MN 55447-4443 j 76:3.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Lvi Jon Hohenstein December 9, 2009 Page 2 recommendations for turn lanes, striping and signal improvements are described in the Update. • The 2002 and 2009 AUAR Scenarios produce approximately the same amount of impervious area, therefore the water quality and rate control modeling completed in 2002 is adequate. Harnack Creek and Kennealy Creek are special waters within the study area for which the 2002 AUAR provided specific design goals. Because current water quality regulations implement these goals, no additional mitigation is proposed. • Due to the change in proposed land use mix (more residential, less commercial - industrial), water use and wastewater generation is predicted to increase somewhat compared to the 2002 AUAR Scenario; however, the existing water and sanitary sewer capacity is adequate to address the needs of the proposed development. Solid waste generation is predicted to decrease slightly as compared to the 2002 AUAR Scenario. • The updated land use scenario is not expected to result in significant traffic noise concerns. Since the adoption of the 2002 AUAR, the City has implemented a noise attenuation overlay district to address the impact of airport noise, which is a concern for the study area. It is our understanding that distribution of the Update is scheduled to be approved by the Eagan City Council at its regular meeting, Tuesday, December 15, 2009. Following Council approval and per EQB rules, the Update will be distributed to state agencies and the Metropolitan Council, as well as persons who commented upon the 2002 Draft AUAR. Only state agencies and the Metropolitan Council may file an objection to the Update and must do so within 10 days. If no objection is filed, EQB rules require that City adoption of the Update occur at the first regularly scheduled meeting held 15 or more days after the distribution of the Update. H: IProjects16311\EPICon:munications\MemoslCedar Grove A UAR Update Summary-12-09-09.docx Agenda Memo December 15, 2009 City Council Meeting X. APPROVE a Resolution in support of the concept of a memorial tribute to public servants to be located on City of Eagan property. ACTION TO BE CONSIDERED: Approve a Resolution in support of the concept of a memorial tribute to public servants to be located on City of Eagan property. FACTS: • The Eagan American Legion and Eagan Lioness groups have expressed an interest in constructing a memorial in honor of public servants lost in the line of duty. • There has been a strong interest in pursuing a memorial project of this type in the City of Eagan for several years. • In order to move this idea to a reality the Eagan American Legion and Eagan Lioness groups are spearheading an effort to raise funds and awareness of the sacrifices made by local public servants and the need to pay tribute to them. • To be able to publicly solicit funds from identified sources the American Legion and Lioness groups will need to have a Resolution adopted by the City Council in support of their effort to pursue this project. • The City of Eagan has also been asked to provide a location on city owned property that could accommodate this memorial. A few sites have been identified as key locations however no specific location has been identified as yet. • Once the City Council has adopted the resolution of support the American Legion and Lioness groups will begin the active solicitation for funding to construct this memorial ATTACHMENTS: • Resolution of Support on Page 70 • Preliminary conceptual drawing on Page 7 I . �9 CITY OF EAGAN COUNTY OF DAKOTA STATE OF MINNESOTA RESOLUTION IN SUPPORT OF THE CONCEPT OF A MEMORIAL TRIBUTE TO PUBLIC SERVANTS TO BE LOCATED ON CITY OF EAGAN PROPERTY. WHEREAS, the Eagan American Legion and Eagan Lioness groups have expressed an interest in constructing a memorial in honor of public servants lost in the line of duty; and WHEREAS, the Eagan American Legion and Eagan Lioness groups are spearheading an effort to raise funds and awareness of the sacrifices made by our public servants and the need to pay tribute to them; and WHEREAS, the City of Eagan supports the concept of this public memorial; and WHEREAS, the City of Eagan is committed to finding a location on city owned property, not yet identified, that could accommodate this memorial; and WHEREAS, this formal action by the City Council will begin the active solicitation by The Eagan Lioness and Eagan American Legion for funding to construct this memorial, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, that it supports the concept of a memorial tribute to public servants and commits to finding a location on city owned property, not yet identified, that could accommodate the public memorial. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF EAGAN THIS 15TH DAY OF DECEMBER, 2009. ATTEST: Maria Peterson, City Clerk 70 Mike Maguire, Mayor Agenda Memo December 15, 2009 City Council Meeting Y. APPROVE a Budget Adjustment to the Eagan Civic Arena to Allow the Exchange of Building Improvements for Advertising Within the Arenas ACTION TO BE CONSIDERED: Approve a budget adjustment to the 2010 Civic Arena budget to allow for the exchange of television monitors for advertising within the arenas. FACTS: • The 2010 Civic Arena budget was approved by the City Council on August 3, 2009 with the authorization to purchase 2010 capital outlay items in 2009 to align with the September start of the operating year. • X-treme Wire has indicated an interest in providing and installing four 37" TVs in strategic areas throughout the arena. The locations would be common areas of the arena to display activities/events underway or upcoming, as well as locker room assignments for teams renting ice. They could also be used for potential advertising space. • In addition to providing and installing the televisions, X-Treme Wire will upgrade the coax cables for enhanced cable connections to meet the installation requirements set forth by the City's IT Division. • The total value of the televisions, installation and cable improvements is $10,164.97. • In exchange for the service outlined, X-treme Wire will receive advertising opportunities in the civic east and west arenas from January 1, 2010 through December 31, 2012. Those opportunities include but are not limited to rink boards, sign boards, zamboni, mezzanine level signage and/or electronic signs. ISSUES: • None 7„ Agenda Memo December 15, 2009 City Council Meeting Z. AUTHORIZE the application of a grant from the Metropolitan Regional Arts Council for a Community Arts Grant. ACTION TO BE CONSIDERED: Authorize the submission of the grant application to the Metropolitan Regional Arts Council for a Community Arts Grant. FACTS: • Metropolitan Regional Arts Council has grants for up to $5,000 available for Community Arts projects. Grants are awarded with a dollar to dollar match, with 25% in cash. • Parks & Recreation will submit a grant for $5,000 for summer arts programming to include: ✓ Art Experience Tent at the Eagan Art Festival. This tent will offer on-going demonstrations and hands-on activities for all ages. Demonstrations will include pottery, painting, drawing or other medium. Hands-on activities will include a community created project. ✓ Eagan Art Festival kids tent. Expenses for staff and supplies for art projects for children. ✓ Eagan Art House open house in August. Activities to include public Raku firing, hands on art activities, entertainment and refreshments. ✓ Continue branding and marketing efforts of the "Art... Be a Part" campaign implemented in 2007 and 2008. This is intended to encourage the community to participate in various art activities in the community over the summer. ✓ In recognition of Eagan's 150th birthday, there will be a focus on folk arts, both old and new, in many of these activities. • The grant submission deadline is January 11, 2010. ISSUES: • None '73 Agenda Information Memo December 15, 2009 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE — 945 CHLOE LANE (SOWANOU EDEM ABOKI) ACTIONS TO BE CONSIDERED: To approve an 11' Variance to allow for construction of a deck on property located at 945 Chloe Lane, legally described as Lot 2, Block 1, Thorpe Woodland Gardens 2" Addition, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is zoned R-1 and contains an existing single-family home with an attached three -stall garage. > Access to the site is provided from Wescott Woodlands via Chloe Lane, a dead-end private street. Much of the lot lies east of the house and contains wetlands and woods. ➢ A 15' rear yard setback applies to decks in the R-1 zoning district. An encroachment of up to 5' is permitted for decks not exceeding 30" above grade. > The existing rear yard setback is approximately 15' and the home has a patio door opening to the rear yard. > The applicant proposes to construct a deck on the rear of the home. The proposed deck consists of two tiers, one that extends 7' out from the house and the other extends out 11'. > The footings for the deck will be placed at 5' and 9' from the house for each respective section, and the deck will be cantilevered an additional 2'. ➢ The proposed rear yard setback is approximately 4' at its closest point. > The applicant states the narrowness of the rear yard area, and location and design of the existing house and patio door are conditions unique to this property that present a practical difficulty. > The requested Variance does not appear to be the minimum necessary; a smaller deck less than 11' in width would provide outdoor access from the existing patio door. > The requested Variance does not appear to present a detrimental effect to neighboring property or the public. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: January 11, 2010 ATTACHMENTS (2): Location Map, page—)5-1) Planning Report on pages hrough "7 1751 Location Map 1 I I J Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint Sub'ect Site 1000 0 1000 Development/Developer: Sowanou Edem Aboki Application: Variance Case No.: 14 -VA -08-11-09 City of hp Community Development Department THIS MAP 1S INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. 2000 Feet N W E S PLANNING REPORT CITY OF EAGAN REPORT DATE: December 4, 2009 APPLICANT: Sowanou Edem Aboki PROPERTY OWNER: Sowanou Edem Aboki REQUEST: Variance LOCATION: 945 Chloe Lane COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential CASE: 14 -VA -08-11-09 HEARING DATE: December 15, 2009 APPLICATION DATE: Nov. 12, 2009 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 11' to the required 15' rear yard setback for construction of a deck in an R-1, Single-family residential, zoning district at 945 Chloe Lane, legally described as Lot 2, Block 1, Thorpe Woodland Gardens 2nd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. -7(Q e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g - Whether the property for which the variance is requested is in compliance with the City Code. CODE REQUIREMENTS City Code Section 11.60, Subd. 5, E requires a 15 foot rear yard setback on property zoned R-1. City Code Section 11.40, Subd. 4.D.2 states the following shall not be considered as encroachments on required yard setbacks: "Decks, patios, balconies, stoops, or other similar features provided they do not extend more than 30 inches above grade and a distance greater than ... five feet into a required rear yard and provided they do not encroach upon a public easement." BACKGROUND/HISTORY Thorpe Woodland Gardens 2nd Addition was subdivided in 2002. This home was constructed in 2006. EXISTING CONDITIONS The lot is located east of Wescott Woodlands, on Chloe Lane, a private street. The lot is 96,000 sq. ft. in area, and much of the eastern portion of the lot is wetland. The house is located near the street on the west end of the site. The front yard setback is approximately 31 feet to the curb of the private street. According to the survey provided for the initial construction, the existing rear yard setback is 15'. The house was constructed with a sliding patio door opening to the rear yard. The applicant submitted photos of the rear yard area showing the patio door and where the deck is proposed. EVALUATION OF REQUEST Proposal - The applicant proposes to construct a two tier deck to the north (rear) elevation of the house. The first tier of the deck is proposed to be 7' wide by 11' long, and the second tier, one step lower, is 11' wide by 15' long. 77 Setbacks - A 15' rear yard structure setback applies to decks. Since the existing house is set back 15', the proposed deck will extend into the required rear yard. At its closest point, the deck will be approximately 4' from the north property line. The footings for the deck are proposed to be placed and 5' and 9' from the house for the respective tiers, with the deck cantilevered another 2' out in each section. Approximately 1' of the deck will encroach into the drainage and utility easement, but the footings will not. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. The applicant asserts that the lot configuration and "narrowness of the backyard" are unique conditions that apply to this property. While large in total area, much of the lot area lies east of the house and consists of wetland and woods and is covered by a drainage and utility easement. There is a single-family home with attached garage present on the site, and there is approximately 15 feet between the house and rear lot line. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required rear yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of an 11' wide deck. This lot presently has only the required 15' minimum in rear yard area; consequently, any expansion of the structure to the rear will encroach into the required setback area. The existing patio door on the rear of the house currently opens to an unfinished yard area with no steps, deck, or landing outside. The requested Variance does not appear to be the minimum required. A deck or landing less than 11' in width would provide outdoor access from the existing patio door. It does not appear that granting of the Variance would result in detrimental effects to the neighboring properties or the public. A wooded area occupies the adjacent lot near the proposed deck, and the house on that lot is set approximately 100' north of the shared property line. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's estimate of hardship is the "narrowness of the backyard" and "the location of the patio door." The narrative states "the residence is constructed in such a way that an addition of this shape is required to fit with the rear of the structure and the odd shape of the lot would make it impossible to have a deck without a variance." In addition, the applicants state they believe "the addition of a deck in the backyard would not crowd the adjoining house since the main structures are more than 100 feet apart" and "there is approximately 30 to 50 feet of wooded strips separating our lot to the neighbor's house." SUMMARY/CONCLUSION In summary, the applicant is requesting a setback Variance of 11' to allow construction of a deck to within 4' of the rear lot line. The property is zoned R-1 and the existing house is set back 15'. The applicant states the narrowness of the rear yard area, and location and design of the existing house and patio door are conditions unique to this property and present a practical difficulty. The requested Variance does not appear to be the minimum necessary, and does not appear to present a detrimental effect to neighboring property or the public. ACTION TO BE CONSIDERED To approve a Variance of 11' to the required 15' rear yard setback for construction of a deck at 945 Chloe Lane, legally described as Lot 2, Block 1, Thorpe Woodland Gardens 2nd Addition. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be required prior to construction of the deck. 77 Location Map 1 1 - Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 0 0 Sub'ect Site 1000 0 1000 Development/Developer: Sowanou Edem Aboki Application: Variance Case No.: 14 -VA -08-11-09 411 City of Eagan Community Dovolopmont Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. 2000 Feet N w s tr,tz",: k ‘.; Notes: CERTIFICATE OF SURVEY for VARIETY HOMES Lot Square Footage= 96,076 Lot Square Footage Coverage= 1,971 Coverage Percentage= 2.05% RETAINING WALLS IF NEEDED NOT TO EXCEED 4 FEET IN HEIGHT PROPOSED SEWER SERVICE INVERT=854.3 3:1 Maximum Slopes or Retaining Wan Will Be Required 4 Garage Slab = 864.50 Top block House = 864.83 Lowest bsmt flr = 856.83 Top curb to Gar slab = 1.30 N 89'08'21" W 171.69 V10-97-06 75.00 L 0 0 0 CO co r b9T991 0 Ion 24.58 52.00 Proposed house Bsmt el 856.83 of we. OR. o• Beni of •\x\ A t l nose P 22 POND 846 0 0 6.'0 OAtij 0 Nstrv- N 87'54'3 U PERIMETER CONTROL MINIMUM GRADE ON DRIVEWAY 15 2.0% Street Width=22.5 FEET BENCHMARK TOP NUT HYDRANT=865.6 CHLOE LANE IS A PRIVATE DRIVE / HAVING A RIGHT—OF—WAY WIDTH OF 30 FEET. 0 NOTE: SEE APPROVED GRADING PLAN FOR WETLAND BUFFER DELINEATION, AND ALSO SEE GRADING PLAN FOR EMERGENCY OVERFLOW ELEVATION. Scale: 1" = 30' 5 eoven• c ,9iG, 6/).-11.9 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the Lows of the Stote of Minnesota. Dote 27 March 2006 Rev 15 June 2006 Michael H. Brandt Reg. No. 41905 945 Chloe Lane DESCRIPTION Lot 2, Block 1, THORPE WOODLAND GARDENS 2ND ADDITION Dakota County, Minnesota Plat bearings shown o Denotes iron monument Existing EL roposed E BRANDT ENGINEERING & SURVEYING 2999 W. County Road 42, #142 EXISTING 3urnsville, \AN 55306 (952) 224-2930 ger V10-97-06 0 A 0 z Ol �I Cl (,i II II 0 0) a) 0) 0 `' a_ 0 J FO- block House ool cal °I13I 1 N 0) 1- W z w II (0 a) < f� o 0 L0 w CD j ci w 0 0 11 11 ,_ a) (L) 0) 0 �0) 0 z O 0+' C O 0 a) w 0� i z a) L? (I) Q 0) 0 0 (1) O 7 0) 3 Cr Cr 0 t� VW) L z z O U JJ Top curb to Gar PROPOSED SEWER SERVICE INVERT=854.3 O 0 tri n 0 0 Cd0 Ig saa 11:`91 86245 G 2 4 411..A45V3 . 0) a \3 i 0 r 0 O N a N� 2 2 o 862. 2L'08 «65.1.5.00 90'S92 4 S osj >> 1011/N0 13 1 RSI 1 PROPOSED c93 11 ui -?-o ,,zlI 8 xz 1.1 -Pot /y1� IiI )ri.cot. o O .02z -v;-,, o'ag III yTV ,. 4 - 5a --co N NI 4a // #0" iS- ti v,o4 4>Pli ti V u, View from Patio Door Future Deck Location 30 to 50 feet of wooded strips separating our lot to the neighbor's house Request for rear setback Variance We are requesting approval for an 11 feet variance to the required 15 feet rear setback in order to add a cedar deck to the backyard of the single family residential located at 945 Chloe Lane, Eagan MN 55123 The Deck would be a two tier cedar deck with 3 to 4 steps and aluminum spindles railing. The first tier would be 7 feet wide by 11 feet long. The second tier will be 1 step lower of the first tier and would be 11 feet wide by 15 feet long. This deck would be built as soon as the variance is approved by the city hopefully before the winter season. There are no feasible and practical alternative to the rear setback that is being proposed. The unique condition including the narrowness of the backyard - The back of the house is 15 to 16 feet from the property line, the location of the patio door- The residence is constructed in such a way that an addition of this shape is required to fit with the rear of the structure and the odd shape of the lot would make it impossible to have a deck without a variance. We strongly believe once the variance is approved the addition of a deck in the backyard would not crowd the adjoining house since the main structures are more than 100 feet apart. In addition there is approximately 30 to 50 feet of wooded strips separating our lot to the neighbor's house. Best Regards, Sowanou Edem Aboki Mikiko Takagi 945 Chloe Lane Eagan, MN 55121 Atte*, -- /2) Zz 09 ASHLEY SMITH Notary Public Minnesota My Commission Expires Jana 31, 2014 �I Agenda Information Memo December 15, 2009 Eagan City Council Meeting B. PROJECT 981, RAHNCLIFF ROAD/ CLIFF LAKE ROAD/ RAHN ROAD STREET OVERLAY/ LANDSCAPE MEDIAN IMPROVEMENTS FINAL ASSESSMENT HEARING — COMMERCIAL PROPERTIES ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 981 (Rahncliff Road/Cliff Lake Road/Rahn Road - Street Improvements) for the commercial properties, as presented and authorize its certification to Dakota County for collection. FACTS: • Project 981 provided for the street improvements of Rahncliff Road, Cliff Lake Road and Rahn Road, along with landscape median improvements on Cliff Lake Road, in southwest Eagan. • When the Final Assessment Roll was presented to the City Council at a public hearing November 17, the City Council ultimately approved that portion of the Roll that pertained to the residential, parks, and public facility properties only, and directed staff to revise the remaining portion of the Roll that pertained to all commercial properties for reconsideration at a new Public Hearing on December 15. • When the original Final Assessment Roll was prepared, ponding easements were not deducted from several eligible commercial properties when determining what should have been the "net" assessable areas for the assessable improvements, as provided for in the City's Special Assessment Policy. This resulted in a smaller assessment rate per acre (total cost spread over a greater total "gross" area). The City's Special Assessment Policy provides for the deletion of the area within all publicly dedicated ponding easement when calculating the "net" assessable areas. A new Final Assessment Roll has been prepared allocating the assessments on a "net" assessable area basis and is being presented to the Council for consideration of adoption. • The final assessment cost is still less (approx. 14%) than the estimated assessments that were presented at the original Public Hearing on March 3, 2009 when the project was approved. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on December 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 34 commercial parcels being assessed, no one attended the meeting. As of the date of this packet preparation, no other comments have been received. ATTACHMENTS: • Project 981 proposed Final Assessment Report (Commercial), pages /o. through FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 981 - Commercial Final Assessment: December 15, 2009 Name: Rahncliff/ Cliff Lk Rd/ Rahn Rd Project Approval Date: March 3, 2009 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET O Gravel Base O Surf/ Signs - CI t2,910.61 $3,735 / Net Acre O Public Facility O C/I Equiv. O Driveway Based on $83 / SY costs to repair OTHER ❑ Median Landscape $3,712.40 $3,780 / Net Acre STREET LIGHTS O Installation O Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 09-10 28 10 Years 6.5% $663,850 F.R. $265,630 F.R. $502,310.43 $173,184.00 (F.R. = Feasibility Report) 41,* City of Ea�ail Me�o To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: December 8, 2009 Subject: Final Assessment Roll, Project 981- Commercial Rahncliff/ Cliff Lake Road/ Rahn Road - Street Overlay & Landscape Median Improvements At the public hearing on March 3, 2009, the City Council ordered Project 981, and in accordance with the feasibility report, the following improvements were constructed on Rahncliff/ Cliff Lake Road/ Rahn Road: mill and overlay and replacement of traffic and street signage, repair of curb and gutter/ concrete entrance aprons as needed. In the feasibility report, it was proposed to assess 100% to the commercial/ industrial properties and 75% to the public facility properties of the street overlay and signage and concrete entrance apron improvements, in accordance with the City Special Assessment Policy. Also, median landscape improvements on Cliff Lake Road were approved as an alternate by the City Council. It was proposed to assess 100% of the median landscape improvements to the commercial/ industrial properties adjacent to Cliff Lake Road. The final assessment hearing for residential, park, and public facility property was held on November 17, 2009. Also on November 17, the City Council directed a final assessment hearing for affected commercial properties to be held December 15, 2009 to provide for the street and landscape median improvement assessments to be allocated on a net area basis. All improvements were completed under Contract 09-10. The following information was used in the preparation of the assessment roll, for commercial properties only, for Project 981. TOTAL PROJECT COST The construction cost includes the amount of $599,568.68 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $18,113.37. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $164,362.29 were incurred resulting in an improvement and project cost of $782,044.34. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing $284,311.85 $75,654.05 $359,965.90 $516,940 Curb & Gutter Repair 107,583.50 28,627.46 136,210.96 $135,500 Concrete Entrance Rep. 91,757.41 24,416.22 116,173.63 $76,880 Cliff Lake Road Median 134,029.29 35,664.56 169,693.85 $200,160 Landscape Totals $617,682.05 $164,362.29 $782,044.34 $929,480 91 ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 0.64 $4,250.00 $2,720.00 Mill Bituminous Pavement (1 1/4" depth) Sq. Yd. 18513.09 0.46 8,516.02 Type LV WE45030B Wearing Course Ton 4,148.56 44.75 185,648.06 Mixture Bituminous Material for Tack Coat Gal 2420.00 2.50 6,050.00 Adjust Fame & Ring Casting (Manhole) Each 13.00 450.00 5,850.00 Adjust MH Casting - Riser Adjustment Each 6.00 186.00 1,116.00 Adjust Gate Valve Box Each 3.00 54.00 162.00 Repair Gate Valve Mid Section Each 7.00 157.00 1,099.00 Repair Gate Valve Top Section w/Cover Each 18.00 300.00 5,400.00 Traffic Control L.S. 0.64 5,000.00 3,200.00 NMC Loop Detector Each 36.00 875.00 31,500.00 Pavement Message Arrow (left)- Epoxy Each 23.00 95.00 2,185.00 Pavement Message Arrow (right) - Epoxy Each 5.00 95.00 475.00 24" Solid Line White - Epoxy L.F. 263.00 7.00 1,841.00 24" Solid Line Yellow - Epoxy L.F. 514.00 5.50 2,827.00 4" Double Solid Line Yellow L.F. 1995.00 0.60 1,197.00 4" Solid Line White - Epoxy L.F. 7011.00 0.30 2,103.30 8" Solid Line White - Epoxy L.F. 344.50 3.80 1,309.10 Traffic signs L.S. 1.00 18,113.37 18,113.37 Zebra Crosswalk White - Epoxy Sq. Ft. 1200.00 2.50 3,000.00 SUBTOTAL $284,311.85 Other costs @ 26.61% 75,654.05 Mill & Overlay/ Street Sign Cost $359,965.90 ■ CONCRETE ENTRANCE REPAIRS The costs of the concrete entrance apron repaired were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove Concrete Curb & Gutter Remove Bituminous Trail Pavement L.F. Sq. Yd. 2 744.50 5.95 $4,608.28 13.00 4.45 57.85 ITEM UNIT EXTENDED UNIT QTY PRICE COST Remove Bituminous Pavement Sq. Yd. 1450.00 4.65 6,742.50 Remove Concrete Driveway Sq. Yd. 74.00 10.00 740.00 Remove Concrete Valley Gutter Sq.Yd. 151.00 10.00 1,510.00 Common Excavation Cu.Yd. 117.29 18.75 2,199.19 Select Topsoil Borrow Cu.Yd. 19.00 21.00 399.00 Aggregate Base, Cl. 5 Ton 5.37 13.00 69.81 Type LV WE45030B Wear Course - Ton 59.09 89.00 5,259.01 Street Patch Type LVWE45030B Wear Course - Ton 38.43 89.00 3,420.27 Driveways Concrete Curb & Gutter B612 L.F. 60.00 12.90 774.00 Concrete Curb & Gutter B624 L.F. 91.00 15.86 1,443.26 7" Concrete Driveway Pavement Sq. Yd. 1407.50 42.00 59,115.00 7" Concrete Driveway Pavement - Sq. Yd. 74.00 42.00 3,108.00 Repair Adjust Frame & Ring Casting Each 1.00 50.00 50.00 Sodding, Type Lawn Sq. Yd. 231.00 6.75 1,559.25 Compost, Grade 1 Ton 26.00 27.00 702.00 SUBTOTAL $91,757.41 Other costs @ 26.61% $24,416.22 Concrete Ent Apron Replace/ $116,173.63 Repair Cost ■ MEDIAN LANDSCAPE IMPROVEMENTS - CLIFF LAKE ROAD The costs of the median landscape improvements on Cliff Lake Road were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Clearing Tree 47.00 $50.00 $2,350.00 Grubbing Tree 47.00 25.00 1,175.00 Common Excavation CY 1728.00 18.75 32,400.00 4" Perforated Pipe Drain L.F. 730.00 9.00 6,570.00 Connect 4" Pipe Drain Each 2.00 100.00 200.00 Irrigation System L.S. 1.00 49,197.00 49,197.00 Landscape Edger L.F. 140.00 4.75 665.00 Deciduous Tree (21/2" B&B) Each 14.00 295.00 4,130.00 Deciduous Tree (13/4"B & B) Each 22.00 155.00 3,410.00 Deciduous Shrub Each 140.00 39.00 5,460.00 Perennial No. 1 Container Plant 552.00 8.75 4,830.00 Storm Drain Inlet Protection Each 1.00 125.00 125.00 Mulch Material Type 6 C.Y. 115.00 55.00 6,325.00 3 ITEM UNIT EXTENDED UNIT QTY PRICE COST Seeding (Special "No -Mow" w/ S.Y. 1125.00 1.20 1,350.00 Erosion Control Blanket Compost Grade 1 Ton 25.00 27.00 675.00 Select Topsoil Borrow Type B C.Y. 514.41 28.75 14,789.29 Select Topsoil Borrow C.Y. 18.00 21.00 378.00 SUBTOTAL $134,029.29 Other costs @ 26.61% $35,664.56 Cliff Lake Rd Median Cost $169,693.85 • IMPROVEMENT AND ASSESSMENT RATES Commercial - Street — The street improvement and assessment rates, per net are, for commercial properties are computed as follows: 1) % Commercial = 9,594 Front Feet/ 15,805 Total F.F. = 60.7% 2) [$359,965.90(Mill & Overlay + Sign Cost) x 100% x 60.7%] =$218,499.30 (Total Comm. Assessment) 3) $218,499.30 (Commercial Assessment) - $2,910.61/net acre 75.07 Net Acres Commercial Notes: 75.07 Net acres includes 0.71 acre corner lot credit given to 2005 Pin Oak Drive. Approximately 39.3% (6,211 feet) of property frontage adjacent to the street improvement is residential/ public facility/ parks property, covered in a separate assessment report, or sideyard or backyard, with no property access, and considered unassessable. Commercial — Concrete Entrance Apron Repair/ Replacement - Assessment costs will be allocated to benefitting properties based on the individual entrance repair/ replacement costs for each commercial/ industrial property (21 driveways on 16 total properties). The proposed assessment for each property for concrete entrance replacement or repair, per actual cost of driveways repaired, are proposed as follows: 4630 Rahncliff Rd. $3,902.96 1984 — 2000 Rahncliff Ct., etal. (6 properties) 8,763.00 1995 Rahncliff Ct. 9,291.28 1964 Rahncliff Ct. 9,455.02 1960 Rahncliff Ct. 3,245.61 4 `f3 1940 Rahncliff Rd. 5,038.88 2030 Cliff Rd. 6,164.11 2010 Cliff Rd. 6,645.06 1960 Cliff Lake Rd. 10,453.75 1965 Cliff Lake Rd. 5,940.43 1940 Cliff Lake Rd. (Cub Foods) 25,571.41 2000 Cliff Lake Rd. (Tar:et) 16,996.91 1950 Rahncliff Dr. (Holiday Inn — East entrance) 2,260.74 2005 Pin Oak Dr. 1,070.07 4675 Rahncliff Rd. 1,373.67 Total $116,173.63 Median Landscape Improvements - Cliff Lake Road - This special assessment calls for 100% of the median landscape improvement costs to be assessed to the commercial properties with access to Cliff Lake Road. The cost per net commercial/ industrial acre to be assessed is calculated as follows: 1) Cost of Median Landscaping Improvements — Cliff Lake Road = $169,693.85 2) $169,693.85 (Median Landscaping Cost) 4 $3,712.40/ net acre — Commercial 45.71 Net Acres — Access to CLR • ASSESSMENT TERMS The assessments are proposed for a term of 10 years for commercial properties. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES/ RESPONSIBILITY — Commercial Properties Only IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $253, 415.99 $216, 442.95 $36, 973.04 Curb & Gutter Repair 136,210.96 Concrete Entr. Repair 116,173.63 Cliff Lake Road Median 169, 693.85 Landscape 116,173.63 169, 693.85 136,210.96* Total $675,494.43 $502,310.43 $173,184.00* • CITY FUND RESPONSIBILITY Major Street Fund: $173,184.00. Included is Curb & gutter repair ($136,210.96) which a City responsibility and accounted for in the Project 981 Assessment Report — Residential/ Public Facilities/ Parks. 5 c* John Gorder, P.E. Reviewed Public Works Department �Z—c r—O Date c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Fi'+ ce Department Date 6 �s- Combined Assessment Roll - Commercial 12-15-09 Project Num PID ber 10P981 Address 10-17780-010-0 10-17780-020-01 10-17780-030-01 10-17781-010-01 10-17782-010-01 10-17782-020-01 10-31725-010-01 10-31725-020-01 10-31725-030-01 10-31725-040-01 10-56722-010-01 10-56730-010-01 10-62725-001-02 10-62725-002-02 10-62725-003-02 10-62725-004-02 10-62725-005-02 10-62725-006-02 10-62726-010-01 10-62726-010-03 10-62726-020-01 10-62726-020-03 10-62727-010-01 10-62727-010-02 10-62728-010-01 10-62728-020-01 10-62751-010-01 1 1940 Cliff Lake Rd 1960 Cliff Lake Rd 2000 Cliff Lake Rd 1950 Cliff Lake Rd 4395 Rahn Rd 1965 Cliff Lake Rd 2040 Cliff Rd 2020 Cliff Rd 2010 Cliff Rd 2030 Cliff Rd 2000 Cliff Rd 2055 Cliff Rd 2000 Rahncliff Ct 1996 Rahncliff Ct 1992 Rahncliff Ct 1988 Rahncliff Ct 1984 Rahncliff Ct 1995 Rahncliff Ct 1980 Rahncliff Ct 4630 Rahncliff Rd 1964 Rahncliff Ct 1975 Rahncliff Ct 1960 Rahncliff Ct 1950 Rahncliff Ct 1940 Rahncliff Ct 2005 Pin Oak Dr 10-62751-020-01 Summary for 'SIL Sum Addition Name Cliff Lake Centre Cliff Lake Centre Cliff Lake Centre Cliff Lake Centre 2nd Cliff Lake Centre 3rd Cliff Lake Centre 3rd Radler Park Radler Park Radler Park Hadler Park Park Center 3rd Park Center 6th Rahncliff 1st Rahncliff 1st Rahncliff 1st Rahncliff 1st Rahncliff 1st Rahncliff lst Rahncliff 2nd Rahncliff 2nd Rahncliff 2nd Rahncliff 2nd Rahncliff 3rd Rahncliff 3rd Rahncliff 4th Rahncliff 4th Rahn Ridge 2nd 4675 Rahncliff Rd Rahn Ridge 2nd Nbr = 10P981 (28 detail records) Friday, December 11, 2009 Pending Assess 1/03/09 Variance $74,910.00 $02.83 $120,740.00 -$38,559.05 $103,922.00 -$9,237.18 $12,680.00 -$4,798.61 $14,054.00 -$6,437.54 $35,247.00 -$15,067.10 $4,968.00 -$1,096.89 $4,445.00 -$981.37 $7,482.00 $2,859.53 $23,124.00 -$7,966.11 $6,627.00 -$798.75 $77,633.00 -$9,217.31 $1,307.00 $1,172.21 $1,307.00 $1,172.21 $1,307.00 $1,172,21 $1,307.00 $1,172.21 $1,307.00 $1,172.21 $1,307.00 $1,172.21 $11,682.00 $956.48 $3,698.00 -$816.50 $6,773.00 $273.42 $24,120.00 -$1,625.45 $10,122.00 -$2,234.25 $5,988.00 -$210.16 $13,073.00 -$625.12 $7,769.00 $2,392.55 $2,652.00 $495.40 $9,039.00 -$621.65 Proposed Assessment $74,912.83 $82,180.95 $94,684.82 $7,881.39 $7,616.46 $20,179.90 $3,871.11 $3,463.63 $10,341.53 $15,157.89 $5,828.25 $68,415.69 $2,479.21 $2,479.21 $2,479.21 $2,479.21 $2,479.21 $2,479.21 $12,638.48 $2,881.50 $7,046.42 $22,494.55 $7,887.75 $5,777.84 $12,447.88 $10,161.55 $3,147.40 $8,417.35 $588, 590.00 -$86,279.57 $502,310.43 Page 1 of 1 O 117 O CO 117 th Ce, .O 117 O .O th 0▪ 0 O 0 th 0• M a0 M .0 fec. t/Y 03 N a• o• 00 t/T O 4J? 0• .D .O N M .0 Lea N O O O M0zCO.O �p M 1 th 4" .O .0 .0 O 0 tit O• O 00 N M O• N L11 N tn▪ . O o• N .o .o .O o o O r a` o• rn N N N O o• N I. 0 0 o• eV- an- ,_ to 0• M M M CO 00 M O O• 0 00 V c aw O• 0• O .4. O 00 O O 0o et O• 1 COMMERCIAL O O O L!1 N a-- 6 O 0-31725-020-0 0-31725-040-0 0-56722-010-0 2010 Cliff Road 2020 Cliff Road 2030 Cliff Road 2040 Cliff Road 2055 Cliff Road 00 00 N *at 00 N I17 th I11 In O• 00 N N et- tn. CO - a- N O N .O O M • .O in O N N U7 N M 4 00 N 0' 0• M Ir 0• N O• N w .O N N O O_ t/1 N N M Irl N ah Lel D` M O th 117 N O O N t/} O Ill O 00 N O N N er to N O 00 O• O• V! o • o o r r r o• 0' a• N N N t/} U. to .0 0 o• N .O .0 .O o o 0 o• o• o• N N N tn. .O N N 00 0• 0' O Lel .O 111 N 0 N M 0 CO O O O N 00 0-62728-020-01 0-62728-010-0 0-62727-010-02 0-62726-020-03 0-62727-010 O O .O N N .0 O f0 4O-, 0 U 4- 0 V 4- w 4-' 0 U 4- 1950 Rahnc 1960 Rahnc 0 c 0' Lel N 0• 1980 Rahnc 1995 Rahnc RAHNCLIFF ROAD CV VI I.4 d' M .0; M O r4, N O Nr Iff t/f .O T N O 0• .O .O N N 111 0 N .o 0 o• N O 0-62726-020-01 062751-020-0 4630 Rahncliff Road 4675 Rahncliff Road PIN OAK DRIVE 0 N M tJ1 N- 0 0 N N O ON N th N N • 0 N 10-62751-010-01 2005 Pin Oak Drive 0 0 U a) 7 00 0 U- J U N O• N th $ 74,912.83 M a0 NN tJT $ 82,180.95 0 os 0: N- tJ} $ 94,684.82 a• 00 O. M4:'00 CO a to111 RAHN ROAD ..0 .o 4) tJT .O e - .0 N i/1 $ 27,657.38 $ 4,417.76 $ 40,205.29 .O .O ,--ONO CO 4..,. th $ 43,546.45 Nr 00 00 N .- N? `O N .O N th N Na, N $ 25,571.41 $ 10,453.75 $ 5,940.43 a• .O a• o• .o to $58,962.50 $21,684.04 $ 3,463.63 a- O•00 N U s_ M V} $ 6,257.81 .O •- M 4" Ill 00 0 N. a• {J} N N rn M 4" $ 3,347.2 .O O r O• N iJ} •O O r O• N 1J} .O O r a` Ni. VT •O OO O• N th .O O• N N .D O N 4I• In a• M co inN. M in UI 1- tJ> $ 1,460.50 inn p NT in Ni..O in In in N O in N O .00 th u-, 0.. 14.841 Q` .O r-- a. N 00 1.87 CLIFF LAKE ROAD 10-17780-010-01 O O 9 coN N O 10-17780-020-01 10-17782-020-01 10-17780-030-011 O t3 10-17782-010-01 Subtotal 1940 Cliff Lake Road 1950 Cliff Lake Road 1960 Cliff Lk Rd 1965 Cliff Lake Road 2000 Cliff Lake Road .O 4395 Rahn Road •O PIN OAK DRIVE 0 N M tJ1 N- 0 0 N N O ON N th N N • 0 N 10-62751-010-01 2005 Pin Oak Drive 0 0 U a) 7 00 0 U- J U N O• N th N a• N 4I $ 2,479.21 N a• N t!T $ 2,479.21 N O` N VT $14,875.26 $502,310.43 UI CO M N a• .O 1- tJ> $ 1,460.50 inn in i n in $ 1,460.50 in O O $116,173.85 .00 th .00 Nr: .00 v sO c yr M co th $ 1,018.71 $ 1,018.71 $ 1,018.71 $ 1,018.71 .O $216,364.45 N 00 O CO O N a - 411. tJT .O tJ! .O .O .O •O .O .O 0 0 0 0 0 0 o• o• as o• a• a• Ni- N N N N N t" 4J} 4JT th th Art 0.35 N L n M to M t11 M to M 1n M 0 • 111 O O O O O N r 9.01 0.35 0.35 to u1 Inv) 0 84.05 M M M M O O O O N 10-62725-001-02 10-62725-002-02 10-62725-003-02 10-62725-004-02 N 10-62725-006-02 1 Totals 0 UI 0 0 UI N i0 N- N O .O 0 O N 2000 Cliff Rd 2000 Cliff Rd 1996 Cliff Rd 1996 Cliff Rd 1988 Cliff Rd 1984 Cliff Rd 11' \,\ 0 * �♦ ��'�4 •000000, / .000000°• \ . \ \\ 000000 o•' \ \ 000000 r�. • 000000t 0.0• \A\��. " ��.V-0000000 M. •000.• 0000000.0:0000:� 00000 \` r \\\„\\.\\*.‘ �\ \ •000°o \ \ •oo\ `\ \ �L. � _ II 000 cc 00 •\\ i:� 't� 00000• �� �N\\\\\\\\\\SvAVAAA \N. ;\ htil I\ • • • • • • • • • •I •1 • ■ -o 0 0- '' ?.TltI 0 rn {oo000t000co . o 0000.of'\ 000000t 000000 • • ■ x V V ciq 6 I it 04i 1W g g 0 z w 0 w J O N cNi Q N lh Z fA N d E N O O. E c ca d O. N V c CO J • • N N 7 LL co 00 0 U U a)a) O w E 05 -0U 0 f U) mom COCE J N U) _ aN ) U > cn (1.)a N tL) Q' (i) a Agenda Information Memo December 15, 2009 Eagan City Council Meeting C. PROJECT 972, LONE OAK/ WATERS AREA STREET OVERLAY IMPROVEMENTS SUPPLEMENTAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Supplemental Assessment Roll for Project 972 (Lone Oak/ Waters Area - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 972 provided for the street improvements of streets within the Lone Oak/ Waters Area, including Lone Oak Drive, Lone Oak Parkway, Waters Road, Northwest Parkway, and O'Neil Drive, in northeast Eagan. • When the Final Assessment Roll was presented to the City Council at the October 20 Public Hearing, ponding easements were not deducted from properties within the project area when determining the "net" assessable areas for the street improvements, as provided for in the City's Special Assessment Policy. This resulted in a smaller assessment rate per acre (total cost spread over a greater total "gross" area). The City's Special Assessment Policy provides for the deletion of the area within all publicly dedicated ponding easement when calculating the "net" assessable areas. • This error in the assessment allocation method was discovered subsequent to the October 20 public hearing. The City Council addressed this matter at their November 17 meeting, and directed that a Supplemental Assessment Hearing be held December 15. • The supplemental assessment cost is still less (approximately 14%) than the estimated benefit amounts that were presented at the original Public Hearing on December 1, 2008. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on December 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 34 parcels (all guided commercial/ industrial) being assessed, no one attended the meeting. As of the date of this packet preparation, no other comments have been received. ATTACHMENTS: • Supplemental Assessment Report, page) through)[. /ol SUPPLEMENTAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 972 Name: Lone Oak/ Waters Street Improvements Assessment: October 20, 2009 Supplemental December 15, 2009 Assessment: Project Approval Date: December 1, 2008 Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER O Trunk ❑ Lateral O Service O Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base ❑ Surf./ Signs Q C/I Equiv. $1,255.55 $1,458 / Net Acre B Concrete Entrance Based on $74 LUL. cost to install OTHER O Service Pair STREET LIGHTS ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 09-01 34 10 Years 6.5% $680,470 F.R. $366,550 F.R. $532,601.10 $216,467.42 (F.R. = Feasibility Report) 4,11 City of Eaaafl bemo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: November 23, 2009 Subject: Supplemental Final Assessment Roll, Project 972 Lone Oak/ Waters Area - Street Overlay Improvements At the public hearing on December 1, 2008, the City Council ordered Project 972, and in accordance with the feasibility report, the following improvements were constructed in the Lone Oak/ Waters commercial/ industrial area: mill and overlay and replacement of traffic and street signage and replacement of curb and gutter/ concrete entrance aprons as needed. In the feasibility report, it was proposed to assess 100% of the street overlay and signage and concrete entrance apron improvements to the commercial/ industrial properties in accordance with the City Special Assessment Policy. The original final assessment hearing was held on October 20, 2009. Subsequently, the City Council directed a supplemental final assessment hearing for December 15, 2009 to provide for the street improvement assessments to be allocated on a net area basis providing area credits for dedicated ponding easements. The improvements were completed under Contract 09-01. The following information was used in the preparation of the assessment roll for Project 972. PROJECT COST The construction cost includes the amount of $598,959.78 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $22,162.09. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $127,946.65 were incurred resulting in an improvement and project cost of $749,068.52. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $499,370.11 $102,866.66 $602,236.77 $801,400 Curb & Gutter Repair 75,624.14 15,578.03 91,202.17 $199,860 Concrete Ent Replace/ 46,127.62 9,501.96 55,629.58 $45,760 Repair Totals $621,121.87 $127,946.65 $749,068.52 $1,047,020 1 /03 ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization LS 0.36 $36,500.00 $13,140.00 Mill bituminous pavement (1 '/" depth) SY 27,745.00 0.55 15,259.75 Mill bituminous pavement (full depth) SY 9,157.00 0.60 5,494.20 Wearing course mixture TON 7,700.39 49.00 377,319.11 Bituminous mixture for tack coat GAL 3,550.00 4.00 14,200.00 Adjust frame & ring casting (manhole) EA 36.00 350.00 12,600.00 Adjust manhole casting (riser adjust.) EA 17.00 165.00 2,805.00 Adjust water valve box EA 28.00 110.00 3,080.00 Repair gate valve mid section EA 11.00 155.00 1,705.00 Repair gate valve top section EA 23.00 170.00 3,910.00 Remove & replace frame & ring casting EA 5.00 665.00 3,325.00 Pavement message arrow (left) EA 26.00 95.00 2,470.00 Pavement message arrow (thru) EA 2.00 950.00 1,900.00 Pavement message arrow (right) EA 11.00 95.00 1,045.00 Pavement message arrow (lt/thru)) EA 2.00 160.00 320.00 4" solid line white LF 7,513.00 0.22 1,652.86 4" double solid line yellow LF 6,138.00 0.45 2,762.10 Zebra crosswalk white SF 744.00 3.00 2,232.00 24" solid line white LF 166.00 5.30 879.80 Traffic control LS 0.36 24,745.00 8,908.20 NMC loop detector EA 2.00 1,100.00 2,200.00 Traffic signs LS 1 22,162.09 22,162.09 SUBTOTAL $499,370.11 Other costs @ 20.60% 102,866.66 Mill & Overlay/ Street Sign Cost $602,236.77 2 • CONCRETE ENTRANCE REPLACEMENTS/ REPAIRS The costs of the concrete entrance apron replaced or repaired were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Remove concrete curb & gutter LF 391.00 5.00 $1,955.00 Remove bituminous pavement SY 716.53 $2.50 $1,791.33 Remove concrete driveway SY 70.06 $6.00 $420.36 Remove concrete valley gutter SY 74.93 6.00 449.58 Select topsoil borrow CY 17.50 21.00 367.50 Aggregate base, Cl. 5 TN 12.00 14.00 168.00 Wear course - driveways TN 24.04 130.00 3,125.20 Wear course - street patch TN 8.00 75.00 600.00 Concrete curb & gutter LF 5.00 14.25 71.25 Concrete curb & gutter (special) LF 76.00 18.00 1,368.00 7" concrete driveway pavement - HE SY 70.06 46.00 3,222.76 Repair 7" concrete driveway pavement - HE SY 743.64 42.85 31,864.97 Sodding, type lawn (Highland) SY 109.00 7.00 763.00 Compost, Grade 1 TN 6.25 15.00 93.72 SUBTOTAL $46,127.62 Other costs @ 20.60% $9,510.96 Concrete Ent Apron Replace/ $55,629.58 Repair Cost • IMPROVEMENT AND ASSESSMENT RATES Commercial/ Industrial - Street - All benefiting properties are commercial/ industrial. The improvement and net acre assessment rates for these properties is computed as follows: 1) % Commercial/Industrial = 25,675 f.f. / 32,428 (total f.f.) = 79.2% 2) [$602,236.77 (Mill & Overlay Cost + Signage Cost) x 100% x 79.2%] = $476,971.52 [Total Assessment] 3) $476,971.52 (Total Assessment) 4 $1,255.55 / Net acre 379.90 Net Acres Note: Approximately 20.8% (6,753 feet) of property frontage adjacent to the street improvement is MnDOT right-of-way (I- 494) and unassessable. Commercial/ Industrial - Concrete Entrance Apron Repair - Assessment costs will be allocated to benefitting properties based on the individual entrance repair costs for each commercial/ industrial property (7 total). The proposed assessment for each property for concrete entrance replacements or repairs, per actual cost of driveway repaired, is proposed as follows: 3 itg 655 Lone Oak Drive: $9,209.23 2900 Lone Oak Parkway: $9,534.15 2700 Lone Oak Parkway: $19,098.22 2800 Lone Oak Parkway: $2,420.70 680 O'Neil Drive: $7,441.36 2915 Waters Road: $5,106.71 2825 Lone Oak Parkway: $2,819.21 Total $55,629.58 • ASSESSMENT TERMS The assessments are proposed for a term of 10 years for commercial/ industrial properties. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES/ RESPONSIBILITY IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $602,236.77 $476,971.52 $125,265.25 Curb & Gutter Repair 91,202.17 91,202.17 Concrete Ent Repair/ Repl 55,629.58 55,629.58 Total $749,068.52 $532,601.10 $216,467.42 ■ CITY FUND RESPONSIBILITY Major Street Fund: $216,467.42 Reviewed Public Works Department Date c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed F. ce Department 12-II-O� Date 4 1t(e N a) as 0 TOTAL ASSESSMENT in r•-• N N .D VT C N .^D sO O' VT so O, Os O` VT O N .M- CO Ln VT .0 N Nt I- 1n VT 1 $112,628.88 II O 00 ^ Nr O" N VT — N N. 00 N VT Ln ..D Os 00 VT in O% 'D N N 1� ..- VT N v M N. O v --on Ni in. $109,761.49 II N ..- OD mf `o M VT $23,878.05 II NI- N 00 00 Os 00 VT $204,350.87 D/W ASSESSMENT $9,209.23 en N O 0 N 4" Lin e- C In of VT N O` N ON 00 N 1- O ct 4" $33,872.28 STREET OVERLAY ASSESSMENT N N N00 so" VT NI- N O, VT $ 9,491.96 $ 5,813.20 f� NcrZ to VT U') so p N $20,427.80 _ N u1 Ni. VT Ill 'D vD 03 VT $168,017.72 N M u1 ev- VT N 4.0 .D Os VT $34,828.96 $21,457.35 $ 8,989.74 $170,478.59 REVISED RATE/ NET ACRE $1,255.55 $1,255.55 Ill 111 In ill ui Ll; uT un N N .-- N VT $1,255.55 $1,255.55 $1,255.55 In LinIli U, Lelin N VT $1,255.55 ii-; N •-- VT in ui ill N •-- VT Un ui Ili N a- VT I Lr; Ln N V) $1,255.55 NET AREA O to 1: Iliv;)N t: ':N 4.10 82.37 N 3.90 re; M co e- 72.21 27.74 I p n .D N co I� M 1- POND EASEMENT AREA 8.02 .- .- OT raj 7.29 0 CO '� N N N M GROSS AREA 0 O NI Li., n <- O NO co 'DN. N 'O 3.90 166.04 CO a -N ^ 27.74 ON 0 so N 00 h• M Z a. 10-14578-020-01 10-14578-010-01 10-14580-010-01 10-14581-010-01 10-14581-020-01 10-18501-021-01 10-83451-010-00 10-83451-030-01 10-83451-020-01 Subtotal ►Y 10-14577-010-01 10-45700-010-01 O O O NIO O 0 Ln NI - 6, 10-45701-010-00 10-83451-010-01 Subtotal COMMERCIAL/ INDUSTRIAL H2935 2945 in In in %0O 0' 0, N N 12975 655 O.L. A, Waters Annex 2nd Lot 3, Block 1 Waters Annex 2nd Lot 2, Block 1 Waters Annex 2nd 0 rn N II 2700 2825 2800 2840 fl1 D/W ASSESSMENT Ln• 00 N •• r N M N Tr N co N $11,572.12 11 •D , r ,-- $8,085.74 II $21,156.02 II a- N CO0 s- ,-. r N LA NI N N- N $11,397.02 II $11,852.39 II STREET OVERLAY ASSESSMENT sO M 4" .O M 4" r N- 0 LC N REVISED RATE/ NET ACRE $ 1,004.44 qO n^ V* $ 979.33 $ 891.44 Os 00 COso N $4,130.76 ' n N $ 8,085.74 0 In0 r N `"' 00 N. N V% M O N V} $11,852.39 I W W A Z Q In to L irb N r N In LA Lr1 in N r N LA LA LA Lri N r N in LA LA in N r N LA to LA N r N LA LA U LA N r LA LA Ln LA N r N $1,255.55 Ln LA LA LA N N LA LA L Ln LA N r VT Ln In Ll) Lfi LA N r 4." - $1,255.55 POND EASEMENT AREA 0.8 0.93 0.78 0.71 0.07 3.29 rn c:)% O 6.44 Ln Ln CO 9.40 _ 00 Ln 5.01 d O� GROSS AREA 8.94 . .0 tri • Z • d 0.8 0.93 CO n O 0.71 0.07 3.29 0.93 6.44 25.79 9.40 5.81 r • O ix; 15.05 COMMERCIAL/ INDUSTRIAL O'NEILL DRIVE 'O.- N O r O O O r OLn O r 10-53320-088-00 10-53340-010-01 10-53340-020-01 10-45700-015-00 Subtotal O O v' O O d M M O r NORTHWEST PARKWAY 10-45703-010-01 LONE OAK POINT ,-- O - r O O I's in V' O r 11 BLUE GENTIAN ROAD N 0 O •- O O 0 n M O O r I 10-14576-010-01 10-14577-020-01 11 RIVER RIDGE PARKWAY 601 10-52275-010-01 O sO O_ 00 O 00 11 830 Outlot D Lone Oak IIDODD ROAD 2660 815 2600 0 n IIWATERS ROAD 0 (Ni In• r N D/W ASSESSMENT 111 i N t/1 $489.66 sO NON N VT $4,130.76 M ^ VD N 4.1 $2,121.88 II O '.O VT $22,147.90 N. m Q ^ ,O tC ih O 0 • N M in V1• STREET OVERLAY ASSESSMENT co I', Os N sO 11f in t/s REVISED RATE/ NET ACRE $ 1,255.55 .O0 .O V} N e- ND N V1 n O .M - V1 V n NO N tj} $ 2,121.88 N Ni O `O V1 O: ^ s- Nt0 tNj} m N 0 N tO VI- h1n $476,971.52 W W Z a Ln In 111 in NN u in In 11") in th to 111 u7 in NN V? 111 U1 lf� kn V1 $1,255.55 UI UI 111 in N e' VT $1,255.55 In In 111 Lel N VT POND EASEMENT AREA 1.0 0.39 N s- N ON M 8O N O0 NO r 0N O' d 17.64 1 N IM O Os Os M GROSS AREA UI O 8.32 0 O u1 In Z O_• 1.0 0.39 N N M O N NO r O 111 N 1 11 t0 435.14 COMMERCIAL/ INDUSTRIAL VACANT PARCELS O O O O r O O 0 N O O ^ 0 O O O r O O N O O O '- 0 O N O O O '- O O 0 O O O N- O O 10-81470-010-01 10-45701-020-00 Totals Ames Crossing Outlot A Lone Oak ILOutlot B Lone Oak 2nd 1a9 Combined Assessment Roll - Supplemental 12-15-09 Project Number 10P972 Pending Assess Proposed PID Address Addition Name 12/1/08 Variance Assessment 10-00100-010-06 Section 1 $1,458.00 -$202.45 $1,255.55 10-00100-010-25 Section 1 $3,091.00 -$429.23 $2,661.77 10-00100-010-26 680 O'Neill Dr Section 1 $6,050.00 $2,395.80 $8,445.80 10-00100-010-27 Section 1 $4,797.00 -$666.24 $4,130.76 10-00100-010-29 Section 1 $32,163.00 -$4,465.57 $27,697.43 10-03700-010-02 720 ONeill Dr Auditors Subdivision 31 $13,705.00 -$1,902.83 $11,802.17 10-03700-020-04 Auditors Subdivision 31 $569.00 -$79.34 $489.66 10-03700-030-01 Auditors Subdivision 31 $2,464.00 -$342.12 $2,121.88 10-14576-010-01 Blue Ridge 2nd $8,471.00 -$1,176.25 $7,294.75 10-14577-010-01 2900 Lone Oak Pkwy Blue Ridge 3rd $24,062.00 $11.42 $24,073.42 10-14577-020-01 2915 Waters Rd Blue Ridge 3rd $13,003.00 -$1,605.98 $11,397.02 10-14578-010-01 2945 Lone Oak Dr Blue Ridge 4th $22,920.00 -$13,252.26 $9,667.74 10-14578-020-01 2935 Waters Rd Blue Ridge 4th $7,290.00 -$1,012.25 $6,277.75 10-14580-010-01 2955 Lone Oak Dr Blue Ridge 6th $11,022.00 -$1,530.04 $9,491.96 10-14581-010-01 Blue Ridge 7th $8,369.00 -$2,555.80 $5,813.20 10-14581-020-01 Blue Ridge 7th $10,221.00 -$5,073.24 $5,147.76 10-18501-021-01 655 Lone Oak Dr Cray 2nd $137,680.00 -$25,051.12 $112,628.88 10-45700-010-01 2700 Lone Oak Pkwy Lone Oak $117,788.00 -$8,026.51 $109,761.49 10-45700-040-00 2825 Lone Oak Pkwy Lone Oak $40,445.00 -$2,796.83 $37,648.17 10-45700-150-00 1590 Highway 55 State of MN % Treasurer -Auditor $87.89 10-45701-010-00 2800 Lone Oak Pkwy Lone Oak 2nd $26,767.00 -$2,888.95 $23,878.05 10-45701-011-01 Lone Oak 2nd $37,602.00 -$16,445.98 $21,156.02 10-45701-020-00 Lone Oak 2nd $44,806.00 -$22,658.10 $22,147.90 10-45703-010-01 815 Northwest Pkwy Lone Oak 4th $9,390.00 -$1,304.26 $8,085.74 10-52275-010-01 601 River Ridge PkwyNovus Addition $22,016.00 -$10,163.61 $11,852.39 10-53320-088-00 810 ONeill Dr Robert O'Neill Homestead $1,356.00 -$188.34 $1,167.66 10-53340-010-01 820 ONeill Dr O'Neill's $1,137.00 -$157.67 $979.33 10-53340-020-01 830 ONeill Dr O'Neill's $1,035.00 -$143.56 $891.44 10-53340-040-01 2660 Dodd Rd O'Neill's $1,356.00 -$188.34 $1,167.66 10-81470-010-01 855 Northwest Pkwy Venstar Eagan Office $7,421.00 -$1,218.58 $6,202.42 10-83451-010-00 Waters Annex 2nd $35,969.00 -$15,541.20 $20,427.80 10-83451-010-01 2840 Lone Oak Pkwy Waters Annex 2nd $10,454.00 -$1,464.26 $8,989.74 10-83451-020-01 2920 Lone Oak Dr Waters Annex 2nd $5,686.00 -$789.35 $4,896.65 10-83451-030-01 2930 Lone Oak Dr Waters Annex 2nd $9,885.00 -$7,009.79 $2,875.21 Summary for 'SA_Nbr' = 10P972 (34 detail records) Sum $680,448.00 $147,922.83 $532,613.06 Tuesday, December 08, 2009 ((0 Page 1 of I LsEE SHEET 2930 3 SEO NNEX NO A OUTLOT A ADO 24.67 Ac Gross -8.40 Ac Ease 16.27 Ac Net 6.78 Ac Gross / 24.67 Ac 5 -4.49 Ac Ease P���. / 2.29AcNet / \ J 2935 5.00 Ac 15.72 Ac Gross -8.02 Ac Ease 1 7.70 Ac Net 2945 - BLUE RIDGE FOURTH ADDITION J '4r�F <9 R7O 7.56 Ac O • 29551 • 655 CRAY 2nd ADD. 89.66 Ac Gross -7.29 Ac Ease 82.37 Ac Net BIk 1 2965 L.—.5.74 Ac Gross -1.11,Ac Ease 4.63 Ac Net NORTH LEGEND Street Improvements ® Commercial / Industrial - $ 1,255.55/ Acre SConcrete Entrance Replacement 1 1 2 1 / 2975 1 , 7.01 Ac Gross -2.90 Ac Ease \ J�r� 4.10 Ac Net LONE OAK ROAD 11-30-09 City of Eapii Engineering Department Lone Oak / Waters Area Street Revitalization - Project 972 11 Supplemental Final Assessments Fig. A NORTH a r 6.44 Ac SEE SHEET C O`, • LEGEND Street Improvements Commercial / Industrial - $ 1,255.551 Acre Concrete Entrance Replacement 27.74 Ac 2825 • OUTLOT C 17.09 LONE OAK Bl< 1 72.21 Ac Ac, LONE OAK 127001 LONE OAK 2nd ADD. OUTLOT A 2800 '9. 7.16 Ac 3 NEX �L01\k'D PN [29151 5.01 Ac 2915 ta:1) 2 f 6.78 Ac Gross -4.49 Ac Ease 2.29 Ac Net '-. tri uRrh /JAS 1 i 1 �I DRAIN. I UT1L. EASE. G:Project & Contract Info\0963\Fesibility Report\FIG_2AA City of Etau Engineering Department SEE SHEET A 11-30-09 Lone Oak / Waters Area l Street Revitalization - Project 972 I{a Supplemental Final Assessments Fig. B NORTH T LEGEND Street Improvements ® Commercial / Industrial - $ 1,255.55/Acre • Concrete Entrance Replacement O INTERSTATE 495 • 680 0.8 Ac 1.69 Ac 1 030-01 010-25 2.12 AN 0.07 Ac 820 810 0.93 A 0.93 Ac 5.09 Ac Gross -0.15 Ac Ease 4.94 Ac Net OUTLOT A 72.21 Ac 2700 LONE OAK Blk 1 27.74 Ac 2825 OUTLOT C LONE OUTLOT D 11 O0P Ar- LONE OAK 2nd ADD. 17.09 Ac. OUTLOT A 2800 1 SEE SHEET B 1?). City of kali Engineering Department /13 Lone Oak / Waters Area Street Revitalization - Project 972 Supplemental Final Assessments Fig. C NORTH Scale 1" = 300' INTERSTATE 494 O'NEILL DRIVE LEGEND Street Improvements Commercial / Industrial - $ 1,255.55/ Acre • Concrete Entrance Replacement 22.06 Ac 2700 72.21 Ac. Y r— > 25.96 Ac Gross -8.32 Ac Ease 17.64 Ac Net 25.79 Ac Gross -8.94 Ac Ease 16.85 Ac Net 2600j C:Project & Contract Info\0972\Fesibility Report\FIG_2D 11-30-09 City of 6ago Engineering Department Lone Oak / Waters Area Street Revitalization - Project 972 ISupplemental Final Assessments Fig. D NORTH Scale 1" = 300' ON' SCO4, O�T(OT 2600 -100 25.96 Ac Gross -8.32 Ac Ease 17.64 Ac Net SEE SHEET D LEGEND Street Improvements ® Commercial / Industrial - $ 1,255.55/ Acre • Concrete Entrance Replacement 11-30-09 e?' City of hp Engineering Department Lone Oak / Waters Area Street Revitalization - Project 972 ) I6. Supplemental Final Assessments Fig. E Agenda Information Memo December 15, 2009 Eagan City Council Meeting D. PROJECT 978, EAGANDALE/ LEMAY LAKE STREET OVERLAY IMPROVEMENTS SUPPLEMENTAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Supplemental Assessment Roll for Project 978 (Eagandale/ LeMay Lake - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 978 provided for the street improvements of Eagandale Place, a high-density residential and commercial/ industrial street in north -central Eagan. • When the Final Assessment Roll was presented to the City Council at the October 20 Public Hearing, ponding easements were not deducted from properties within the project area when determining the "net" assessable areas for the street improvements, as provided for in the City's Special Assessment Policy. This resulted in a smaller assessment rate per acre (total cost spread over a greater total "gross" area). The City's Special Assessment Policy provides for the deletion of the area within all publicly dedicated ponding easement when calculating the "net" assessable areas. • This error in the assessment allocation method was discovered subsequent to the October 20 public hearing. The City Council addressed this matter at their November 17 meeting, and directed that a Supplemental Assessment Hearing be held December 15. • The supplemental assessment cost is still less (approximately 18%) than the estimated assessable amounts presented at the original Public Hearing on January 6, 2009 when the project was originally approved. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on December 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 9 parcels (1 high-density residential and 8 commercial/ industrial) being assessed, no one attended the meeting. As of the date of this packet preparation, no other comments have been received. ATTACHMENTS: • Supplemental Assessment Report, pages( 7 through JRD SUPPLEMENTAL ASSESSMENT HEARING PROJECT Number: Project 978 Name: Eagandale/ LeMay Lake Street Improvements PUBLIC Assessment: Supplemental Assessment: HEARING DATES October 20, 2009 December 15, 2009 Project Approval Date: January 6, 2009 Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk STORM SEWER O Trunk Final Feasibility Rate Report Units WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET O Gravel Base O Surf/ Signs - CI $2,377.47 HD Residential $1,784.75 O City Park ❑ C/I Equiv. El Driveway $2,808 /Net Acre $2,174 /Net Acre Based on See costs to report repair OTHER STREET LIGHTS Contract Number 09-02 Number of Parcels 9 Terms 10 Years I17 Interest Amount City Rate Assessed Financed 6.5% $102,850 F.R. $55,520 F.R. $81,943.00 $38,904.46 (F.R. = Feasibility Report) City of Eaafl Mega To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: November 18, 2009 Subject: Supplemental Final Assessment Roll, Project 978 Eagandale/ LeMay Lake - Street Overlay Improvements At the public hearing on January 6, 2009, the City Council ordered Project 978, and in accordance with the feasibility report, the following improvements were constructed in the Eagandale/ LeMay Lake commercial/ high-density residential area: mill and overlay and replacement of traffic and street signage and repair of curb and gutter/ concrete entrance aprons as needed. In the feasibility report, it was proposed to assess 100% of the street overlay and signage and concrete entrance apron improvements to the commercial/ industrial properties and 75% to the high-density residential properties in accordance with the City Special Assessment Policy. The original final assessment hearing was held on October 20, 2009. Subsequently, the City Council directed a supplemental final assessment hearing for December 15, 2009 to provide for the street improvement assessments to be allocated on a net area basis, providing area credits for dedicated ponding easements. Also, a land use re -designation for the properties at 3040 Eagandale Place (from high-density to commercial/ ind, as zoned) was revised as part of this supplemental assessment roll. The improvements were completed under Contract 09-02. The following information was used in the preparation of the assessment roll for Project 978. PROJECT COST The construction cost includes the amount of $83,487.92 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,926.95. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $35,432.60 were incurred resulting in an improvement and project cost of $120,847.46. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $55,709.20 $23,109.81 $78,819.01 $107,360 Curb & Gutter Repair 21,787.45 9,038.07 30,825.52 $39,950 Concrete Entrance Rep. 7,918.22 $3,284.71 $11,202.93 $11,060 Totals $85,414.87 $35,432.59 $120,847.46 $158,370 1 ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT EXTENDED UNIT QTY PRICE COST Mobilization L.S. 1 $2,000.00 $2,000.00 Mill Bituminous Pavement (1 1/4" depth) Sq. Yd. 3,167 0.60 1,900.20 Type LVWE45030B Wearing Course Ton 770.35 49.00 37,747.15 Mixture Bituminous Material for Tack Coat Gal 450 4.00 1,800.00 Adjust Fame & Ring Casting (Manhole) Each 7 350.00 2,450.00 Adjust MH Casting - Riser Adjustment Each 5 165.00 825.00 Adjust Water Valve Box Each 1 110.00 110.00 Repair Gate Valve Mid Section Each 4 155.00 620.00 Repair Gate Valve - Top section w/cover Each 9 170.00 1,530.00 Remove & Replace Frame & Ring Each 3 665.00 1,995.00 Casting Traffic Control L.S. 1 1,315.00 1,315.00 4" Solid Line White L.F. 178 1.05 186.90 8" Solid Line White L.F. 228 2.10 478.80 4" Double Solid Line Yellow L.F. 396 .95 376.20 24" Solid Line White L.F. 32 14.00 448.00 Traffic signs L.S. 1 1,926.95 1,926.95 SUBTOTAL $55,709.20 Other costs @ 41.48% 23,109.81 Mill & Overlay/ Street Sign Cost $78,819.01 • CONCRETE ENTRANCE REPAIRS The costs of the concrete entrance apron repaired were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove Concrete Driveway Sq. Yd. 106.8 6.00 $640.80 Select Topsoil Borrow Cu.Yd. 1 21.00 21.00 Type LVWE45030B Wear Course - Ton 5 75.00 375.00 Street Patch Type LVWE45030B Wear Course - Sq. Yd. 5.30 130.00 689.00 Driveways 2 7" Concrete Driveway Pavement — Sq. Yd. 106.8 $57.65 $6,157.02 Repair Sodding Type Lawn Sq. Yd. 3 8.50 25.50 Compost Ton 0.66 15.00 9.90 SUBTOTAL $7,918.22 Other costs @ 41.48% $3,284.71 Concrete Ent Apron Replace/ $11,202.93 Repair Cost • IMPROVEMENT AND ASSESSMENT RATES High Density Residential - The improvement and assessment rates for high-density residential properties are computed as follows: 1) % HD Residential = 13.58 Net Acres / 33.14 Net Total Acres = 41.0% 2) [$78,819.01 (Mill & Overlay Cost) x 75% x 41.0%] =$24,236.85 (Total Residential Assessment) 3) $22,236.85 (HD Residential Assessment) 4 $1,784.75/ Net acre 13.58 Net Acres HD Residential Commercial/ Industrial - Street —The improvement and assessment rates for commercial/ industrial properties is computed as follows: 1) % Commercial/Industrial = 19.56 Net Acres. / 33.14 Net Acres = 59.0% 2) [$78,819.01 (Mill & Overlay Cost + Signage Cost) x 100% x 59.0%] = $46,503.22 [Total Assessment] 3) $46,503.22 (Total CI Assessment) 4 $2,377.47 / Net acre 19.56 Net Acres Comm/Ind Commercial/ Industrial — Concrete Entrance Apron Repair - Assessment costs will be allocated to benefitting properties based on the individual entrance repair costs for each commercial/ industrial property (4 total). The proposed assessment for each property for concrete entrance replacements or repairs, per actual cost of driveway repaired, is proposed as follows: 3010 Eagandale Place: $215.48 3040 Eagandale Place: $412.29 3080 Eagandale Place: $4,475.07 1250-1286 Eagandale Place: $6,100.09 Total $11,202.93 • ASSESSMENT TERMS The assessments are proposed for a term of 10 years for high-density residential and commercial/ industrial properties. The interest rate is 6.5% per annum on the unpaid balance. 3 JcO CITY REVENUES/ RESPONSIBILITY IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $78,819.01 $70,740.07 $8,078.94 Curb & Gutter Repair 30,825.52 30,825.52 Concrete Entr. Repair 11,202.93 $11,202.93 Total $120,847.46 $81,943.00 $38,904.46 ■ CITY FUND RESPONSIBILITY Major Street Fund: $38,904.46 Joh''Gorder, P.E. Reviewed Public Works Department IZ"1 —0ci Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Fi ce Department Date 4 d rtsV O a cd w C ftS CDN • • (C 101 O Q z (C 3 �.+ d J ALLC * E E• J O . to a-0 N OA W Total Assessment M N N ver $24,236.91 $11,568.27 M 00 N O. tn. in O N VI. - sO O` N VI. .O N O CO VI O en N O' 4/1- $14,217.27 O` N i\ N In N t0 N N in 411- $81,943.00 D/W Assessment ON 0 O O .O $215.48 0% (NI N N. $4,475.07 $11,202.93 M O% N O N th Street Overlay Assessment $24,236.91 $24,236.91 $5,468.18 o00 (Ni (...,4 4.r, O Nin u -p V tf 4.n•4" O NM $14,217.27 CT O Is, Ni.- $46,503.22 N O NI- N O N en Ce Q $1,784.75 N en N tR v M N CPI. Tr en tri. $2,377.47 v M N VT N Tr M N N $2,377.47 Ps - en N Net Area (Acres) co iri M .-, co {n M 0 en Ni— in .0 0.93 Os a- M en in M 0.83 o0 Os Ln to 1 19.56 l4 M M Pond Easement in in en 3.54 CO O 0.86 Gross Area (Acres) N N N N 0 M nj in 'O x- 0.93 as M en in M 0.83 00 .O in N Ni. O N in in N M Z a I Eagandale/Lemay Lake 1st Et 2" Add. 10-22525-010-02 is a.+ O a-, z Eagandale/Lemay Lake 3rd - 5th Add. 10-22527-010-01 10-22528-011-01 10-22528-010-01 10-22528-020-01 10-22526-010-01 10-22526-011-01 10-22529-012-01 10-22529-011-01 Subtotal Totals 3005 Eagandale Place Commercial / Industrial High Density Residential (R-4) 1250-1286 Eagandale Place 3000 Eagandale Place No Address 3010 Eagandale Place 3040 Eagandale Place 3040 Eagandale Place B L3080 Eagandale Place B 3080 Eagandale Place Combined Assessment Roll - Supplemental 12-15-09 Project Number 10P978 PID 10-22525-010-02 10-22526-010-01 10-22526-011-01 10-22527-010-01 10-22528-010-01 10-22528-011-01 10-22528-020-01 10-22529-011-01 10-22529-012-01 Summary for 'SA_ Sum Address 3005 Eagandale PI 3040 Eagandale PI 3040 Eagandale PI 1250 Lone Oak Rd 3000 Eagandale PI 3000 Eagandale PI 3010 Eagandale PI 3080 Eagandale PI 3080 Eagandale PI Addition Name Eagandale Lemay Lake 1st Eagandale Lemay Lake 2nd Eagandale Lemay Lake 2nd Eagandale Lemay Lake 3rd Eagandale Lemay Lake 4th Eagandale Lemay Lake 4th Eagandale Lemay Lake 4th Eagandale Lemay Lake 5th Eagandale Lemay Lake 5th Nbr' = 10P978 (9 detail records) Friday, December 11, 2009 Pending Assess 1/6/09 ia3 $37,219.00 $7,675.00 $1,805.00 $12,897.00 $3,072.00 $4,632.00 $9,417.00 $4,425.00 $21,691.00 $102,833.00 Variance -$12,982.09 $1,129.76 $168.30 -$1,328.73 $850.83 -$2,420.95 -$1,617.39 $2,794.16 -$7,473.73 $20,879.84 Proposed Assessment $24,236.91 $8,804.76 $1,973.30 $11,568.27 $3,922.83 $2,211.05 $7,799.61 $7,219.16 $14,217.27 $81,953.16 Page 1 of 1 NORTH LONE OAK RD. 6.84 Ac. Gross -0.86 Ac. Ease 5.98 Ac. Net LEGEND Assessment Area 1® Street Improvements 0.1 Commercial / Industrial - $ 2,377.47 / Net Acre High Density Residential $ 1,784.75 / Net Acre Conc. Driveway Replacement 41**. City of EapaIl Engineering Department Eagandale / LeMay Lake Street Revitalization - Project 978 (ay Supplemental Final Assessments Agenda Information Memo Eagan City Council Meeting Public Hearing December 15, 2009 E. MEADOWLARK RIDGE HOUSING IMPROVEMENT AREA — PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF A HOUSING IMPROVEMENT AREA AND IMPOSITION OF FEES ON HOUSING UNITS WITHIN THE MEADOWLARK RIDGE HOUSING IMPROVEMENT AREA To hold and close a public hearing on the possible implementation of a Housing Improvement District under Minnesota Statutes Sections 428A.11 -428A.21 and to direct preparation of: 1. An ordinance establishing the Meadowlark Ridge Housing Improvements Area. 2. A resolution imposing fees on housing units within the Meadowlark Ridge Housing Improvement Area to finance improvements. 3. A Development Agreement between the City and the Association. FACTS: • The owners of the Meadowlark Ridge Townhomes have requested that the City establish a Housing Improvement Area to finance improvements to the exterior common area and building systems including: removing the existing stucco siding and replacement with vinyl siding; replacing all sheathing; repairing structural damages due to the rot behind the stucco; and replacing windows and patio doors with energy efficient products. • A city may create a Housing Improvement Area to finance improvements to the common areas of condo and townhome associations when other financing cannot be obtained. This financing mechanism was adopted by the state legislature because homeowner associations cannot readily obtain financing; they have very little collateral and cannot mortgage individual's units. Within a Housing Improvement Area, the City may finance housing improvements and recover the cost by assessing fees, much like special assessments. The fees are assessed against each unit, and appear on the property tax statement to be paid by the individual homeowners with their taxes. • The sequence of events that has preceded the public hearing is as follows: ❑ In 2005, the City Council was approached by one of the City's Homeowners Association regarding the potential creation of a City policy for the creation of Housing Improvement District. ❑ In response, the City Council adopted a policy on September 20, 2005 that would permit consideration of petitions and the process by which applications would be reviewed. las ❑ On January 6, 2009, the City Council received the Meadowlark Ridge Homeowners Association preliminary application and petition and authorized staff to request that the Association make a formal submittal of improvement plans, detailed financial plans and a fee to cover City costs associated with the detailed review. ❑ Those submittals were made and reviewed by City staff, the City Attorney, the Dakota County CDA and Ehlers and Associates, the City's fiscal consultant. They are in order for formal consideration through the public hearing process. ❑ On November 5, 2009, the City Council adopted a resolution calling for a public hearing on December 15, and notice was duly published and distributed to the owners of each unit, as required by state law. • The total cost of the improvements, including administrative costs, is estimated to be $919,800. The City will make a loan to the association in an amount up to $$919,800 at an interest rate of 5% and amortized over 20 years. • The fees with be spread over 50 units on a unit share basis. The approximate average proposed fee for each homeowner is: o $1,500 per year ($125 per month) ❑ $18,500 total if paid in full • The Dakota County CDA staff has inspected the property and determined the proposed improvements are adequate and necessary to rectify the assessed condition. A memo from CDA staff is attached. • Following the public hearing, if the City Council wishes to proceed in establishing the Meadowlark Ridge Housing Improvement Area, the Council may direct staff to prepare: ❑ an ordinance establishing the Housing Improvement Area; ❑ a resolution imposing housing improvement fees; and o a development agreement between the City and the association Each of these items will come back to the Council for consideration on January 5, 2010. ATTACHMENTS: o Location map on page lad ❑ Public Hearing Notice on page(s)a! ❑ Preliminary project costs and fee estimates on page(s)15) I3 'J ❑ CDA staff memo page(s)_12&L iaCc 1 -11114:243 Lam: r��; L.j L N A:11444 4440/TiRaviiii AP-Npiatig ttgii.41 ,Ittamum .. ��on ��.tivi�►©�aCegoo gig Ari ©ah deirEa'Oz. iw'ePur owittg.reerd vismtAAReir -tt,401°:7Cs4firil ri ;,>.411,11+14y 3)0#001r 1[Nittiri loot :\17:11 6 e ciiiii OGGGSGaTIm ■I ra GG "I" Qe gaeeeeeeccavImi aeeo e�p,� -� &AIr!K•1:fYiyi7:ks inn=n�r.nutO��Dr,+Q�•:ceit� 1DD����CCGo�fi Jim,t1 MU �.,uo v �, ,.. Jo:Sukseot Sits Q�g MIME= ��Qo�iii"rsa a� �0�, tqajmil e ns; �:1II cgamiiiiail IMPRIEU f,:licl tette eie©kcd„ 4,A a�o+n�e�ilr©�■.s• � t o eeeEge n • ��/ W ,....ftg Az%aillkPAiii.f��r eeeeo ©eeeea.��� rig C i. vr +:Id11\leu .� •' `i•Q•GIiiiiiiiph. • PARKWAY EoeeeeeeEeeov¢�T�y Location Map Meadowlark Ridge Townhomes- Housing Improvement Area la -7 0 500 1,000 Legend 411 City Boundary r1 Parcels - Buildings Wetlands i Parks I Feet 2,000 PUBLIC NOTICE NOTICE OF PUBLIC HEARING CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City of Eagan will hold a public hearing on December 15, 2009, at approximately 6:30 p.m. at the Eagan City Council Chambers in the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, to consider two actions under Minnesota Statutes Sections 428A.11- 428A.21 as follows: 1. Adoption of an ordinance establishing the Meadowlark Ridge Housing Improvement Area. 2. Adoption of a resolution imposing fees on housing units within the Meadowlark Ridge Housing Improvement Area. Within the Meadowlark Ridge Housing Improvement Area, the City proposes to facilitate various improvements to the Meadowlark Ridge Townhomes. The boundaries of the proposed Meadowlark Ridge Housing Improvement Area are shown in the map below. Fees imposed on the owners of units in the Meadowlark Ridge Townhomes would finance the improvements. Details regarding the hearing, the improvements and the fees are described below: 1. Persons to be heard: All persons owning housing units in the proposed housing improvement area that would be subject to a fee for housing improvements, and all other interested persons, will be given an opportunity to be heard at the hearing. 2. Proposed Improvements: The improvements to the exterior common area and building systems include: removing the existing stucco siding and replacement with vinyl siding; replacing all sheathing; repairing structural damages due to the rot behind the stucco; and replacing windows and patio doors with energy efficient products. 3. Estimated Cost of Improvements to be paid in whole or in part by the Fee: $919,800 including capitalized interest and administrative costs. 4. Amount to be charged against each housing unit: Each housing unit in the Meadowlark Ridge Housing Improvement Area will be charged a portion of the total cost of $919,800, based on unit share (Fee). Annual Payment reflects repayment of the Fee over 20 years, with 5% interest per annum. Total Payments is the sum of Annual Payment over 20 years. Fees and Payments may not be more than the amounts shown. Meadowlark Ridge Townhome Association Unit Share Fee (Principal Only) Annual Payment over 20 Years (Principal & Interest) Total Payments over 20 Years (Principal & Interest) 1.891% $17,393.42 $1,414.65 $28,293.09 1.980% $18,212.04 $1,481.24 $29,624.71 2.271% $20,888.66 $1,698.93 $33,978.65 Ian 5. Owner's right to prepay the Fee: Housing unit owners may prepay without interest through July 31, 2010. Housing unit owners may prepay in whole, but not in part, at any time after August 1, 2010. Prepayment made after August 1, 2010, must include interest through the date of the prepayment. 6. Number of years the Fee will be in effect: If owners do not prepay the Fee by July 31, 2010, the Fee will be imposed in equal installments with interest over a period not to exceed 20 years. The Annual Payments will be payable in tax year 2011 through tax year 2030. 7. Compliance with Petition Requirement: Owners of more than 25 percent of the housing units that would be subject to the proposed fee in the Meadowlark Ridge Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing on the proposed fee, which exceeds the requirement under Ch. 428A.12. For further information on the proposed housing improvement fee, contact Jon Hohenstein at (651) 675-5660. BY ORDER OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA /s/ Jon Hohenstein, Community Development Director Proposed Meadowlark Ridge Housing Improvement Area ■ Memo To: Jon Hohenstein, City of Eagan From: Rebecca Kurtz and Bruce Kimmel, Ehlers Date: December 8, 2009 Subject: Medowlark Ridge Per the City's request, Ehlers has reviewed the Reserve Study Analysis and prepared a financing schedule for the Meadowlark Ridge Homeowners Association's Housing Improvement District. Medowlark Ridge has requested assistance to complete the following improvements to 50 units in the development: • Removing the existing stucco siding and replacement with vinyl siding • Replacing all sheathing • Repairing structural damages due to the rot behind the stucco • Replacing windows and patio doors with energy efficient products. The estimated cost for the improvements is $919,800. This cost includes capitalized interest, the $5,000 City Administration Fee, and the $10,000 deposit to the escrow. The uses of funds are summarized below: Deposit to Project Construction Fund $873,800 Capitalized Interest $45,990 Rounding Amount $10 Total: $919,800 The project will be financed over 20 years, and each housing unit in the Meadowlark Ridge Housing Improvement Area will be charged a portion of the total cost of $919,800, based on unit share (Fee). Annual Payment reflects repayment of the Fee over 20 years, with 5% interest per annum. Total Payments is the sum of Annual Payment over 20 years. Fees and Payments will not exceed the amounts shown below. 0 EHLERS LEADERS IN PUBLIC FINANCE Meadowlark Ridge Townhome Association Unit Share Fee (Principal Only) Annual Payment over 20 Years (Principal & Interest) Total Payments over 20 Years (Principal & Interest) 1.891% $17,393.42 $1,414.65 $28,293.09 1.980% $18,212.04 $1,481.24 $29,624.71 2.271% $20,888.66 $1,698.93 $33,978.65 onr 'J 11/ EhIe s-Jincore Minnesota phone 651-697-8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122 toll free 800-552-1171 An amortization schedule is attached for your review. After reviewing the Reserve Analysis, we concur with the findings of Reserve Data Analysis, Inc. that Meadowlark Ridge Townhomes long range reserve funding rate is sufficient for the proposed improvements. Per discussions with Terri Redshaw, Meadlowlark Ridge plans to begin the improvement project early in 2010; however, the timing will be dependent on the weather. A construction draw schedule is not yet available and will be based on when the improvement project begins. If you have questions, please do not hesitate to contact us at 651-697-8500. 161 Medowlark Ridge Townhome Association Housing Improvement District December 2009 Sources & Uses Dated 02/01/2010 I Delivered 02/01/2010 Sources Of Funds Par Amount of Bonds $919,800.00 Total Sources $919,800.00 Uses Of Funds Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount Total Uses 45,990.00 873,800.00 10.00 S919,800.00 Sample Issue I SINGLE PURPOSE 111/25/2009 I 1:08 PM Ehlers & Associates Public Finance 13� Page 1 Medowlark Ridge Townhome Association Housing Improvement District December 2009 Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New DIS 02/01/2010 - - 08/01/2010 - 22,995.00 22,995.00 (22,995.00) 02/01/2011 - 22,995.00 22,995.00 (22,995.00) 08/01/2011 12,600.00 5.000% 22,995.00 35,595.00 35,595.00 02/01/2012 12,900.00 5.000% 22,680.00 35,580.00 35,580.00 08/01/2012 13,300.00 5.000% 22,357.50 35,657.50 35,657.50 02/01/2013 13,600.00 5.000% 22,025.00 35,625.00 35,625.00 08/01/2013 13,900.00 5.000% 21,685.00 35,585.00 35,585.00 02/01/2014 14,300.00 5.000% 21,337.50 35,637.50 35,637.50 08/01/2014 14,600.00 5.000% 20,980.00 35,580.00 - 35,580.00 02/01/2015 15,000.00 5.000% 20,615.00 35,615.00 35,615.00 08/01/2015 15,400.00 5.000% 20,240.00 35,640.00 35,640.00 02/01/2016 15,800.00 5.000% 19,855.00 35,655.00 35,655.00 08/01/2016 16,200.00 5.000% 19,460.00 35,660.00 35,660.00 02/01/2017 16,600.00 5.000% 19,055.00 35,655.00 - 35,655.00 08/01/2017 17,000.00 5.000% 18,640.00 35,640.00 35,640.00 02/01/2018 17,400.00 5.000% 18,215.00 35,615.00 35,615.00 08/01/2018 17,800.00 5.000% 17,780.00 35,580.00 35,580.00 02/01/2019 18,300.00 5.000% 17,335.00 35,635.00 35,635.00 08/01/2019 18,800.00 5.000% 16,877.50 35,677.50 35,677.50 02/01/2020 19,200.00 5.000% 16,407.50 35,607.50 35,607.50 08/01/2020 19,700.00 5.000% 15,927.50 35,627.50 35,627.50 02/01/2021 20,200.00 5.000% 15,435.00 35,635.00 35,635.00 08/01/2021 20,700.00 5.000% 14,930.00 35,630.00 35,630.00 02/01/2022 21,200.00 5.000% 14,412.50 35,612.50 35,612.50 08/01/2022 21,700.00 5.000% 13,882.50 35,582.50 - 35,582.50 02/01/2023 22,300.00 5.000% 13,340.00 35,640.00 35,640.00 08/01/2023 22,800.00 5.000% 12,782.50 35,582.50 35,582.50 02/01/2024 23,400.00 5.000% 12,212.50 35,612.50 35,612.50 08/01/2024 24,000.00 5.000% 11,627.50 35,627.50 35,627.50 02/01/2025 24,600.00 5.000% 11,027.50 35,627.50 08/01/2025 25,200.00 5.000% 10,412.50 35,612.50 02/01/2026 25,800.00 5.000% 9,782.50 35,582.50 08/01/2026 26,500.00 5.000% 9,137.50 35,637.50 02/01/2027 27,200.00 5.000% 8,475.00 35,675.00 08/01/2027 27,800.00 5.000% 7,795.00 35,595.00 02/01/2028 28,500.00 5.000% 7,100.00 35,600.00 08/01/2028 29,200.00 5.000% 6,387.50 35,587.50 02/01/2029 30,000.00 5.000% 5,657.50 35,657.50 08/01/2029 30,700.00 5.000% 4,907.50 35,607.50 35,627.50 35,612.50 35,582.50 35,637.50 35,675.00 _..........___..._.... 35,595.00 35,600.00 35,587.50 35,657.50 35,607.50 02/01/2030 31,500.00 5.000% 4,140.00 35,640.00 08/01/2030 32,300.00 5.000% 3,352.50 35,652.50 02/01/2031 33,100.00 5.000% 2,545.00 35,645.00 08/01/2031 33,900.00 5.000% 1,717.50 35,617.50 02/01/2032 34,800.00 5.000% 870.00 35,670.00 35,640.00 35,652.50 35,645.00 35,617.50 35,670.00 Total $919,800.00 $622,387.50 $1,542,187.50 (45,990.00) $1,496,197.50 Sample Issue I SINGLE PURPOSE I 11/25/2009 I 1:08 PM Ehlers & Associates Public Finance Page 2 33 CDA Dakota County Community Development Agency MEMORANDUM To: Jon Hohenstn From: Kelly Berg Date: December 8, 2009 RE: Meadowlark Ridge HIA Application Per our Consulting Agreement with the City of Eagan, the Dakota County Community Development Agency (CDA) has performed certain administrative tasks related to the possible creation of a Housing Improvement Area at Meadowlark Ridge. CDA staff inspected the property in May 2006 and again in January 2009 to assess the extent of the conditions and the adequacy of the proposed improvements to remedy them, Based on those site visits, the CDA has determined that there is a need for the stated improvements. We also concur with the Meadowlark Ridge Townhome Association's conclusion that it is necessary to complete all of the proposed improvements and not a reduced scope of work. Should the Housing Improvement Area be approved, additional administrative involvement of the CDA would include oversight of the construction contract and' coordinating the draw process. 1228 Town Centre Drive • Eagan, MN 55123-1066 tel 651-675-4400 • fax 651-675-4444 131i- Agenda Information Memo December 15, 2009 Eagan City Council Meeting F. LOT 2, BLOCK 1 NORTHWOOD BUSINESS PARK 3RD ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue consideration of the public drainage and utility easements vacation within Northwood Business Park 3rd Addition to be concurrent with consideration of the Northwood Business Park 3rd Addition (Eagan Northwoods) development proposal. FACTS: • On October 28, 2009, City staff received a petition from Kari Gill, representing Dakota County CDA, requesting the vacation of public drainage & utility easements within a portion of Northwood Business Park 3rd Addition. • The easements were dedicated with this plat for the construction and maintenance of public utility lines. • With the proposed development of this property by the Dakota County CDA as residential townhomes, it was discovered that some of the utility lines constructed did not fall within the easement dedicated with the plat. • The development proposal of the Dakota County CDA (Eagan Northwoods), dedicating all necessary replacement public easements, is also presented to the Council for consideration at tonight's meeting, to coincide with consideration of this vacation. • Council action on the vacation should be continued to the Eagan Northwoods New Business item on tonight's agenda. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. No objections to the proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action concurrent with approval of Eagan Northwoods. ATTACHMENTS: • Location Map, page. • Easement Vacation Exhibit, page 137 . BLUE GENii. LONE OAK ROAD LONE OAK ROAD YANKEE DOODLE RD. WESCOTT ROAD 13(P 10/21/2008 City of Eon Engineering Department Proposed Easement Vacation Location Lots 2, Block 1, Northwood Business Park 3rd Add. Fig. 1 Easement Vacation Exhibit for: JAMES DEVELOPMENT COMPANY Lot 2, Block 1 N NORTHWOOD BUSINESS PARK THIRD ADDITION N89°52'42"E Job # 1205.40-15 Book/Page: Scale: 1"=100' Date: 10/20/09 NE CORNER OF LOT 2. BLOCK I--, 764.38 %� . 37 r- / ,. .,�-- / `/Drainage / Easement / / / - r r ;` DRAINAGE &--=----.._—"-iI: UTILITY EASEMENT .� TO BE VACATED — — �_ L - N DRAINAGE--- I �0.3 -- & Utility N F p. \ oso %\ N. ePo r -, \ ':.I - `„/ \ J. \ .:`; \ M S. \ ,..510 ` \ My ' \ 3 N r \ e? r� •o-, +q. �M o r<` I / co Z r- ;= o -d. 344.31 -�� N. 0 r, N w 1 }k ms O 'moi co w co Z J 61 " 0 4 Cr t N k LI o o y _ gi UTILITY EASEMENT S89°52'37W _ r- ._, I '; 1 !' L -% LOT 2 �' :- , "- ,5., -, r .., BLOCK I DRAINAGE AND UTILITY EASEMENT TO BE VACATED: That port of the drainage and utility easement as Addition, Lexington Second Addition, Northwood Business Addition and Northwood Business Park 3rd Addition, described line: Commencing at the Northeast corner 3rd Addition; thence South 00 degrees 23 minutes along the East line of said Lot 2, a distance of seconds West, a distance of 344.31 feet to the point North 00 degrees 07 minutes 25 seconds West, a line; EXCEPT that port which lies southerly of a line above described line and its westerly extension which seconds West. Oliver )31 580 A i. Citi I plots of Lexington Park 2nd of the following Business Park basis of bearings, 89 degrees 52 minutes to be described; thence there terminating said parallel with the 52 minutes 37 Engineering, Inc. • Land Planning 763.441.2072 Jac. 763.441.5665 -�Droinoge & Utility Easement ' �_% _� ', ' _ u 48 ow a. 0 o dedicated in the recorded Pork, Northwood Business lying 10 feet on each side of Lot 2, Block I. Northwood 49 seconds West, assumed 313.31 feet; thence South of beginning of the line distance of 83.32 feet and 20 feet northerly of and bears South 89 degrees Surveying & Land Surveying • Civil Engineering Dodge Ave. Elk River, MN 55330. www.aliverse.com Agenda Information Memo December 15, 2009 Eagan City Council Meeting G. LOTS 11,12,13, BLOCK 3 OAKS OF BRIDGEWATER 2ND ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue consideration of the public drainage and utility easements vacation within Lots 11, 12, and 13, Block 3 Oaks of Bridgewater 2nd (3862, 3858, and 3854 Bridgewater Drive) to be concurrent with consideration of the Oaks of Bridgewater 3'1 FACTS: • On October 29, 2009, City staff received a petition from Quinn Hutson, representing the property owners of 3862, 3858, and 3854 Bridgewater Drive, requesting the vacation of public drainage & utility easements within Lots 11, 12, and 13, Block 3 of Oaks of Bridgewater 2nd. • The easements were dedicated with this plat for the construction and maintenance of public utility lines, standard lot line easements, and for ponding purposes. • The proposed final subdivision and plat of Oaks of Bridgewater 3`a, dedicating all necessary replacement public easements, is also presented to the Council for consideration at tonight's meeting, to coincide with consideration of this vacation. • Council action on the vacation should be continued to the Oaks of Bridgewater 3`a New Business item on tonight's agenda. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. No objections to the proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action concurrent with approval of Oaks of Bridgewater 3`1 . ATTACHMENTS: • Location Map, page. • Easement Vacation Exhibit, page I r 11 . /3 b' YANKEE DOODLE RD. r DENMARK AV LEXINGTON I 1 I I 1 WESCOTT ROAD • 4)1,1Erolk sr, it &tap Proposed Vacation Location DIFFLEY ROAD r • i- H • VI, Auipa, CLIFF ROAD I z z INVER GROVE 10/21/2008 City of Cain Engineering Department Proposed Easement Vacation Location Lots 11,12 & 13, Block 3, Oaks of Bridgewater 2nd Fig. 1 If r S • o �� gyp. pj'T� 15 9 rniy 0* m cot ...sells rJ.1 v� Its• / 1� ,. v.. -ivi1.1 z `L�,,i. 6.� 0396;0,i ':•.,,,, Lot 11 `b•. .1 ? . - _ ; f,, oorni_ p" 7 \ ,,,,, �l r 3 �1i1D ill 03 W10 to 2 r s%i. 5Y" a 0>z%j � Block 3 �mr i Lot 12 Si z Ni / j co r A ! AI 4201 -7 •41•4- k', THE OAKS OF BRIDEWATER 2nd e r* 001 Proposed Easements to be vacated e\ -1,4t‘ sss2s, 23 z n,n• ar 1 Proposed Easement Vacation Description: All drainage and utility easements dedicated to the public lying within Lots 11, 12 and 13, Block 3, THE OAKS OF BRIDGEWATER 2nd ADDITION, according to the recorded plat thereof, Dakota County, Minnesota 10/29/2009 City of EaaaIl Engineering Department Proposed Vacation of Easements Lots 11, 12 & 13, Block 3, THE OAKS OF BRIDGEWATER 2nd /40 Location Map Fig. 2 Agenda Information Memo December 15, 2009 Eagan City Council Meeting OLD BUSINESS A. Approve 2010 General Fund Budget and Payable 2010 Property Tax Levy ACTIONS TO BE CONSIDERED: • To approve the proposed 2009 (payable 2010) property tax levy as follows: General Revenue: General Fund Equipment Revolving Fund Major Street Fund Gen Facilities R/R Fund Fire Apparatus Subtotal — General Revenue Debt service: 2009A Equipment Certificates Community Center bonds Subtotal — Debt Service Total City-wide Levy Cedarvale Special Services Dist. $ 22,236,645 987,790 2,371,301 271,146 333,895 26,200,777 66,105 1,198,103 1,264,208 $ 27,464,985 $ 3,000 • To approve the 2010 General Fund budget in the amount of $27,537,100. FACTS: • The City held a public hearing on December 1 to consider the 2010 General Fund budget and the payable 2010 property tax levy. Four citizens spoke at the public hearing. • A budget open house was held at City Hall on December 8. State Senator Carlson and seven other residents attended the open house. The only formal written comment received was a concern about the City building a new fire station. • No changes were made to the budget or levy as presented at the December 1 hearing. • The final levy must be certified to the County by December 28. ATTACHMENTS: • Enclosed on pages ( r and / 43 are the 2010 General Fund Budget summaries for revgn e and expenditures. • Enclosed on page 1 is a copy of the resolution adopting the final levy. 2010 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 2007 Actual 2008 Actual 2009 Amended Budget 12/10/2009 2010 Proposed General Property Taxes $ 18,213,068 $ 18,887,330 $ 20,685,800 $ 21,253,600 Licenses 273,298 278,552 278,200 278,700 Permits 1,348,651 1,192,579 589,500 597,600 Intergovernmental Rev 1,413,974 1,122,628 637,700 722,400 Charges for Services 1,489,364 1,291,509 1,139,300 1,016,100 Recreation Charges 713,740 697,606 747,800 719,300 Fines & Forfeits 283,396 318,252 350,500 372,000 Other Revenues 624,214 602,336 359,000 366,300 Program Revenues 1,537,208 1,432,676 1,846,300 1,761,500 Transfers 433,250 415,458 503,100 449,600 TOTAL GENERAL FUND $ 26,330,161 $ 26,238,925 $ 27,137,200 $ 27,537,100 2010 Comparative Summary of Expenditures General Fund Budget GENERAL GOVERNMENT 01 Mayor & Council 02 Administration 03 Information Technologies 04 City Clerk 05 Finance 06 Legal 07 Comm Dev--Planning/ED 08 Comm Dev--Inspections 09 Communications 10 Human Resources Gen Govt Total PUBLIC SAFETY 11 Police 12 Fire Public Safety Total PUBLIC WORKS 21 Public Works/Engineering 22 Streets 24 Central Svces. Maint. Public Works Total PARKS & RECREATION 30 Recreation 31 Parks 32 Tree Conservation Parks & Rec Total GENL GOVT BLDG MAINT 33 Building Maintenance Subtotal 41 Contingency --undesignated General Fund Total Adjusted 2009 Budget 147,900 485,200 1,263,100 249,100 1,070,700 457,400 881,100 923,500 447,700 249,800 6,175,500 10,836,000 1,642,000 12,478,000 1,217,000 1,624,900 589,600 3,431,500 1,911,500 1,892,100 486,300 4,289,900 625,100 27,000,000 137,200 Proposed 2010 Budget As of 9/3/09 141,200 494,100 1,265,100 312,900 1,099,300 395,000 900,500 904,100 448,700 241,800 6,202,700 10,978,700 1,697,000 12,675,700 1,226,200 1,743,500 608,400 3,578,100 1,907,700 2,004,600 485,000 4,397,300 636,600 Difference 10 vs. Adj 09 Amount $ (6,700) 8,900 2,000 63,800 28,600 (62,400) 19,400 (19,400) 1,000 (8,000) 27,200 142,700 55,000 197,700 9,200 118,600 18,800 146,600 (3,800) 112,500 (1,300) 107,400 11,500 27,490,400 $ 490,400 46,700 (90,500) `Yo -4.5% 1.8% 0.2% 25.6% 2.7% -13.6% 2.2% -2.1% 0.2% -3.2% 0.4% 1.3% 3.3% 1.6% 0.8% 7.3% 3.2% 4.3% -0.2% 5.9% -0.3% 2.5% 1.8% 1.8% -66.0% $ 27,137,200 $ 27,537,100 $ 399,900 1.47% RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2010 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 15, 2009, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember , and seconded by Councilmember NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2010 as follows: General Revenue: General Fund $ 22,236,645 Equipment Revolving Fund 987,790 Major Street Fund 2,371,301 General Facilities Renewal/Replacement Fund 271,146 Fire Apparatus 333,895 Subtotal General Revenue 26,200,777 Debt Service: 2009A Equipment Certificates 66,105 Community Center/Central Park bonds 1,198,103 Subtotal Debt Service 1,264,208 Total City -Wide Levy $27,464,985 Cedarvale Special Services District Levy $ 3,000 Dated: December 15, 2009 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15th day of December, 2009. Maria Petersen, City Clerk Agenda Information Memo December 15, 2009, Eagan City Council Meeting B. INFLOW & INFITRATION POLICY IMPLEMENTATION ACTION TO BE CONSIDERED: Approve the Inflow & Infiltration Mitigation Implementation Policy. FACTS: • The Metropolitan Council of Environmental Services (MCES) implemented an Infiltration & Inflow (I&I) Mitigation and Surcharge Program on February 8, 2006. I&I relates to extraneous clean water entering the sanitary sewer system either through ground water (Infiltration) or direct flow connections (Inflow) such as sump pumps. This excess volume of clean water adds considerable cost to the overall Metropolitan Disposal System (MDS) for both conveyance and treatment. • As a result of a significant 5" rainfall event that occurred on Oct. 5, 2005, the City of Eagan was determined to have had an excessive rate of flow to the Seneca Waste Water Treatment Plant that exceeded our peak flow allocation. As a result of this exceedance, the MCES determined that the City of Eagan will be required to spend $1,718,500 over 5 years (—$343,700/yr) to either mitigate our internal I&I, or pay that amount to the MCES for their equivalent expansion of the MDS. They are enforcing this financial obligation through an annual surcharge program that began in 2007 and will end in 2012. If excessive flows continue to occur after that date, the annual surcharge will likely become a permanent Demand Charge (in an amount yet to be determined). • The city has been actively evaluating the public sanitary sewer system (275 miles of pipe, 7,800 manholes and 18 pumping stations) for the past 3 years. However, with no significant rainfall events occurring during the drought of the past 2 years, there has been no opportunity to determine if all efforts to date have been sufficient to significantly reduce or eliminate the excessive flows recorded in October of 2005. • The next progressive step in I&I mitigation is to inspect the private sewer system within our community which is comprised of over 18,800 connections (approximately 60% of the total sewer collection system). This has been commonly referred to as a "Sump Pump and Service Lateral Inspection Program" (SP&SLIP). Many communities have already implemented this type of inspection and enforcement program which can take up to 10 years and millions of dollars to complete on a citywide basis. • The Council has reviewed and discussed this I&I issue at various Council meetings and workshops on July 21, August 11, September 1 and November 10. They have amended City Code 3.40 by adding Subd. 10, "Clear Water Discharge Prevention and Prohibition" which requires in-home inspections, corrective repairs and surcharges for non compliance. At the November 10 Workshop, the Council reached a consensus regarding City cost participation and financing options for the property owners' obligation. They directed staff to implement the inspection program under a "Pilot Program" in a selected area of the City which will be the basis to extrapolate 11-6 the projected city-wide extent of corrective work requirements and projected total cost obligations. • Based on 22 portable sewer meters installed throughout the city over the past year, Staff has identified 3 districts that have high potential of I&I and also represent a good cross section of land use and age. It incorporates approximately 2,700 service connections to be inspected. • A public informational Open House has been scheduled for Thursday January 21 to help the community understand the impacts of I&I and the need to mitigate it through an inspection program. In addition, informative articles will be placed in the City's newsletter, local newspapers and on the city's web site. • An I&I Mitigation Program/Policy has been prepared summarizing the major aspects associated with this program for Council consideration of formal adoption. ATTACHMENTS: • Map of Pilot Inspection Program service districts, a e t 7 • I&I Implementation Program and Policy, pages' through • Work Program Flow Chart, page'. 1FLP R 0 Co C a) N aJ C cu 0 t ao 00 N Co +r C aJ H a) cc C aJ 0 00 2 N r-1 0 Ta C a) U, a) OC N C a) 0 0 N .(0 4.4C (0 •L N E O U ram VI CU 7 • c a, >. (A OO •i C 0 U U N O p V Z H h 0 0 CITY OF EAGAN Inflow and Infiltration (I&I) Mitigation Program/Policy Adopted December 15, 2009 Background The Metropolitan Council of Environmental Services (MCES) implemented an Infiltration & Inflow (I&I) Mitigation and Surcharge Program on February 8, 2006. I&I relates to extraneous clean water entering the sanitary sewer system through either ground water (Infiltration) or direct flow (Inflow) such as sump pumps. This excess volume of clean water adds considerable cost to the overall Metropolitan Disposal System (MDS) for both conveyance and treatment. As a result of a significant 5" rainfall event that occurred on Oct. 5, 2005, the City of Eagan was determined to have had an excessive rate of flow to the Seneca Waste Water Treatment Plant exceeding its peak flow allocation. As a result of this exceedance, the MCES determined that the City of Eagan was required to spend $1,718,500 over 5 years (-'$343,700/yr) to either mitigate its excessive I&I, or pay that amount to the MCES for its equivalent expansion of the MDS. MCES enforced this financial obligation through an annual surcharge program beginning in 2007 and scheduled to end in 2012. If excessive flows continue to occur after that date, the annual surcharge will likely become a permanent Demand Charge (in an amount yet to be determined). The City continuously evaluates the public sanitary sewer system (275 miles of pipe, 7,800 manholes and 18 pumping stations) and performs corrective measures as needed. However, to adequately address the excessive I&I, there is also a need to inspect and mandate corrective work in the private sanitary sewer system within the community (over 18,800 connections). Program The private property inspection program has been commonly referred to as a "Sump Pump and Service Lateral Inspection Program" (SP&SLIP). Many communities have already implemented this type of inspection with a related corrective enforcement program which can take many years and millions of dollars to complete on a citywide basis. It requires the onsite inspection of a private property's internal sewer plumbing system and service lateral connection to the City's sewer main (typically in the street or a backyard easement). On September 1, 2009, the Eagan City Council adopted an amendment to City Code Section 3.40 to add Subdivision 10, "Clear Water Discharge Prevention and Prohibition" (attached). This amendment prohibits any type of clear water connection or faulty service that allows clear water to enter the system. It also requires all notified property owners to schedule an inspection with the city, or its designated agent(s). This inspection typically takes up to 2 hours to perform and requires that an adult resident be present at all times. A copy of the inspection report identifying any non-compliant issues will be left with the resident upon completion of the inspection. Corrective Work Orders will be sent to the property owner/occupant informing them of the required corrective work that must be completed within 60 days. Upon satisfactory completion of the Corrective Work, a Certificate of Compliance will be issued by the City. If either an inspection is not scheduled, or required corrective work is not completed, within the required time frames, a monthly surcharge will be added to the property owner's utility bill until such time as an inspection is performed and/or all corrective work is completed. (See attached Work Flow Process diagrammatic) Non-compliant Enforcement Surcharges City Code 3.40 (Rules and regulations relating to sewer service), Subdivision 10 (Clear Water Discharge Prevention and Prohibition), Paragraph E (Surcharges) provides for monthly surcharges to be added to the property's utility bill resulting from any cause that results in a lack of a Compliance Certification being issued. The amount of the I&I Surcharge for non- compliance will be established by formal Council action and incorporated into the Annual Fee Schedule. Per the Code, the I&I Surcharge becomes effective for the entire month when the final notice of Non -Compliance was sent to the property owner/resident and every month thereafter until such time that a Compliance Certificate has been issued. Nonpayment of delinquent fees and/or surcharges will be certified to the property's taxes for collection. City Cost Participation Other communities' experiences have indicated that many of the corrective work requirements relate to a simple disconnection and rerouting of a sump pump discharge. However, there have been situations where foundation drain disconnections and/or service lateral repairs become more costly. In respect to the cost savings expected to the City's future sewer billings from the Metropolitan Council, the City Council deemed it justifiable to offer financial participation for the larger corrective repairs to low and medium density residential properties (R-1,2 & 3). The City will assume responsibility for 50% of any costs that exceed $1,000. If the corrective work is not performed under a City issued contract, it must be performed by a licensed pipe -layer contractor/plumber pre -approved by the City. If the property owner elects to perform the work through a private contractor, the City will issue payment upon receipt of proper documentation for the City's share, made payable to both the private contractor and property owner. City Financing of Property Owner costs If the Property Owner cost exceeds $1,000, they may elect to have all, or any part, of that obligation levied as a special assessment against the benefitted property spread over 5 years and financed at 4% simple interest. This will require the execution of the appropriate Waiver of Hearing and Special Assessment agreement. APPROVED BY COUNCIL ACTION: December 15, 2009 Sanitary Sewer Lateral and Sump Pump Inspection Program Work Flow File Path: L:\USERS\PUBWORKS\Projects\Utilities\Sanitary_Sewer\INI\Sump Pump Inspection Program\Work Flow Chart Portrait PDF File Path: L:\USERS\PUBWORKS\Projects\Utilities\Sanitary_Sewer1INI\Sump Pump Inspection Program Mork Flow Chart_8x11 Date Revised: 12/10/2009 Agenda Information Memo December 15, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY AND FINAL SUBDIVISION (THE OAKS OF BRIDGEWATER 3RD ADDITION) — C. HALL COMPANY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Preliminary Subdivision (The Oaks of Bridgewater 3rd Addition) to create five lots upon 5.53 acres, with a Variance to the minimum lot width for proposed Lot 2, and setback Variances from the Ordinary High Water Level (OHWL) of Bald Lake for the existing swimming pool and retaining walls, located at 3862, 3858 and 3854 Bridgewater Drive, legally described as Lots 11, 12 and 13, Block 3, The Oaks of Bridgewater 2"d Addition, subject to the conditions listed in the APC minutes. To approve a Final Subdivision (The Oaks of Bridgewater 3rd Addition) to create five single- family lots upon 5.53 acres located at 3892, 3858 and 3854 Bridgewater Drive, legally described as Lots 11, 12, and 13, Block 3, The Oaks of Bridgewater 2"d Addition. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present. FACTS: D The site consists of three existing single-family lots. The property is zoned R-1, and is located with the Shoreland Overlay District of Bald Lake. D The proposal creates two new vacant parcels (Lots 1 and 3) for future construction. Existing houses will remain on Lots 2, 4 and 5. D A Variance is requested for the minimum lot width at the front setback line of Lot 2 (59' proposed vs. 85' required). The proposed subdivision complies with other dimensional and bulk standards for the R-1 and Shoreland Overlay zoning. D A Variance is also requested for the existing swimming pool and retaining walls which are located within the 50' setback from the OHWL of Bald Lake. These are existing conditions and do not involve any new construction or disturbance in that area. D The site contains a Priority A wetland, which will require establishment of a wetland buffer and conservation easement. Existing fence should be removed from the conservation easement area. D New fence construction should remain outside of the conservation easement area and outside of steep slopes along Bald Lake. D A park land dedication and trail improvements were made in 1991 with the first phase Oaks of Bridgewater development in satisfaction of park and trail dedication requirements. D The Advisory Planning Commission held a Public Hearing regarding the proposed Preliminary Subdivision on November 24, 2009 and is recommending approval. 151 ISSUES: > The DNR has reviewed the proposal and does not have any issues with the subdivision and associated variances. The DNR would take issue with the variances involving the location of the pool and retaining wall if they didn't represent a decades old pre-existing condition. ➢ The applicant has submitted a letter requesting that the fence be permitted to remain within the conservation easement area as a delineation of the property boundary and a barrier to trespass from people using the trail and park. Also, removal of the existing fence would disturb the wetland and buffer area. > Parks has indicated that in general, most occurrences of trespass from parks to private property are unintentional due to unidentified property boundaries. Parks staff suggests that signs identifying the park boundary could be installed, but that since structures are not permitted within conservation easements, the existing fence should be removed from those easement areas. 60 AND 120 DAY AGENCY ACTION DEADLINES: Jan. 3, 2010 and March 4, 2010 ATTACHMENTS (4): Location map on page /53 . January 27, 2009 APC minutes on pages isq- through ISGT Staff report on pages /Shrough LW. Letter from Applicant's representative requesting the fence to remain, page/7? Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 12!Twat Sub"ect Sit IR +'wviA���Q���� 4 SC4q,"4-4.. V`�a��7' iY OP4.P4kt caser44Z-04.0 .N4 aosaozoc»caism �mrAo oeaient ooccs �:.i 1000 0 1000 2000 Feet Development/Developer: Oaks of Bridgewater 3rd Application: Preliminary Subdivision Case No.: 23 -PS -03-10-09 + City OCE2Q8➢ Community Development Department 'Ga THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. I N W� E Advisory Planning Commission November 24, 2009 Page 2 of 11 IV. PUBLIC HEARINGS A. The Oaks of Bridgewater 3rd Addition Applicant Name: Charles Hall, Sr Location: 3862, 3858, 3854 Bridgewater Drive; Lots 11, 12, & 13, Block 3, The Oaks of Bridgewater 2nd Addition Application: Preliminary Subdivision A Preliminary Subdivision of 3 lots to create 5 single family lots. File Number: 23 -PS -03-10-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 17, 2009. She noted the background and history. Quinn Hutson, CNH Architects, representing the applicant, stated he was available for questions. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Supina commented on the OHWL and asked staff if Lot 1 met the minimum 15,000 sq ft or would the Preliminary Subdivision need another Variance. Planner Dudziak stated the shoreland zoning ordinance covers average square footage of riparian lots and the DNR had no concerns about lot size. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision of three lots to create five single-family lots upon 5.53 acres, with a Variance to the minimum lot width for proposed Lot 2, and setback Variances from the Ordinary High Water Level (OHWL) of Bald Lake for the existing swimming pool and retaining walls, located at 3892, 3858 and 3854 Bridgewater Drive, legally described as Lots 11, 12 and 13, Block 3, The Oaks of Bridgewater 2nd Addition, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, B2, B3, Cl, C2, D1 and El 2. The property shall be platted. 3. This development shall dedicate and maintain an access easement, in a form acceptable to the city, in an alignment as determined by the City Public Works Department, for maintenance of the existing utility pipes and structures along the south portion of the development. This easement shall be clear of obstruction at all times. Advisory Planning Commission November 24, 2009 Page 3 of 11 4. This development shall be required to submit an Individual Lot Tree Preservation Plan at the time of building permit application for Lot 1 and Lot 3. 5. Prior to final subdivision approval, the developer shall submit a Wetland Buffer landscaping plan (in accordance with City Code Sec. 11.67, Subd. 7. A. 2.) for City approval. 6. Prior to final subdivision approval, the developer shall deliver a conservation easement for the wetland and wetland buffer in a form and with content acceptable to the City Attorney. 7. The developer shall place markers at the upland edge of the Wetland Buffer at least every 75 feet (or a minimum of one per lot). Wetland Buffer Markers will be provided by the City. 8. Existing fence that is within the wetland, buffer and conservation easement areas should be removed. There shall be no new fences or other structures within the conservation easement areas of Lots 2 — 5 or within the steep slope areas of Lots 1 and 2. A vote was taken. All voted in favor. Motion carried 7-0. SSS- PLANNING REPORT CITY OF EAGAN REPORT DATE: November 17, 2009 CASE: 23 -PS -03-10-09; 23 -VA -06-11-09 APPLICANT: Chuck Hall HEARING DATE: November 24, 2009 PROPERTY APPLICATION DATE: November 4, 2009 OWNERS: June Hall; Cary D. Tste Olson; Terry Dick & Linda Anton REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Variance LOCATION: 3854, 3858 and 3862 Bridgewater Drive COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single -Family SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision of three lots to create five single-family lots upon 5.53 acres at 3892, 3858 and 3854 Bridgewater Drive, legally described as Lots 11, 12, and 13, Block 3, The Oaks of Bridgewater 2nd Addition in the NE '/4 of Section 23. The proposal includes a Variance to the minimum lot width for proposed Lot 2, and setback Variances from the Ordinary High Water Level (OHWL) of Bald Lake for the existing swimming pool and retaining walls on Lot 2. 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. Planning Report — The Oaks of Bridgewater 3`d Addn. November 24, 2009 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Variance City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: 1�7 Planning Report — The Oaks of Bridgewater 3rd Addn. November 24, 2009 Page 3 a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. BACKGROUND/HISTORY The house on proposed Lot 2 dates to the late 1800s and has been expanded and remodeled many times since its original construction. The Hall family has owned the property since the 1940s. At that time, the property encompassed many acres, north to Wescott Road, around the west side of Bald Lake and to the east. Fences were originally installed to partition the land into different pastures for the cattle farm the family operated. The fence has been maintained and relocated to match new boundaries, and fence sections replaced as needed over time. The initial Oaks of Bridgewater subdivision occurred in 1991. The houses on proposed Lots 4 and 5 were constructed with The Oaks of Bridgewater 2nd Addition in 1991 and 1993. The preliminary subdivision for The Oaks of Bridgewater 2nd Addition showed additional lots in the location of proposed Lots 1 and 3, however, that land was retained as a single large tract with the final plat. EXISTING CONDITIONS The site contains three single-family homes on three platted lots. All three lots are served by sanitary sewer and water, and access is from Bridgewater Drive to the north. The site is zoned R- 1, Single-family, and is located within the Shoreland Overlay District of Bald Lake. Bald Lake abuts the west edge of the site, and there is a wetland along the southern edge of the site. The Planning Report — The Oaks of Bridgewater 3rd Addn. November 24, 2009 Page 4 northwest corner of the site contains a steep slope (>12% over 50') adjacent to the lake. An existing storm sewer pipe runs between the wetland and the lake in the southwest corner of the site. A sanitary sewer line also runs across the southern portion of the site, north of the wetland. There is an existing swimming pool and retaining walls along the west side of the site, adjacent to Bald Lake, which are located within 50' of the OHWL of the lake. A fence also extends along the perimeter of the large westerly parcel (existing Lot 11) and the side lot line between proposed Lots 4 and 5. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal - The owner of the large westerly parcel is now seeking to subdivide the property as originally intended, creating two new single-family lots on either side of the existing home, and enlarging the adjacent lots to the east by extending them southward. No new development is proposed at this time; the two new vacant lots will be sold for future construction. Compatibility with Surrounding Area — The proposed single-family use is consistent with the surrounding uses which are also single-family. Airport Noise Considerations — This site is located outside the Airport Noise Policy zones. Density —The proposed five lots on 5.53 acres results in a density of 0.9 units per acre. This is less than the four units per acre maximum allowed within properties designated as LD, Low Density. Lots — The property is located within the Shoreland Overlay District of Bald Lake, which is classified as a General Development lake. The Shoreland Ordinance establishes standards for development which are to be applied in addition to the underlying or base land use zoning, in this case R-1 (Single -Family Residential). In the joint application of both base zoning and shoreland zoning standards, the more restrictive regulation applies. Notice of the proposed subdivision has been sent to the DNR as required by the Shoreland zoning ordinance. Existing Use Zoning Land Use Designation North Single-family R-1, Single-family LD, Low Density East Single-family R-1 Single-family LD, Low Density South Park P, Park P, Park West Bald Lake (DNR#19-61) EVALUATION OF REQUEST Description of Proposal - The owner of the large westerly parcel is now seeking to subdivide the property as originally intended, creating two new single-family lots on either side of the existing home, and enlarging the adjacent lots to the east by extending them southward. No new development is proposed at this time; the two new vacant lots will be sold for future construction. Compatibility with Surrounding Area — The proposed single-family use is consistent with the surrounding uses which are also single-family. Airport Noise Considerations — This site is located outside the Airport Noise Policy zones. Density —The proposed five lots on 5.53 acres results in a density of 0.9 units per acre. This is less than the four units per acre maximum allowed within properties designated as LD, Low Density. Lots — The property is located within the Shoreland Overlay District of Bald Lake, which is classified as a General Development lake. The Shoreland Ordinance establishes standards for development which are to be applied in addition to the underlying or base land use zoning, in this case R-1 (Single -Family Residential). In the joint application of both base zoning and shoreland zoning standards, the more restrictive regulation applies. Notice of the proposed subdivision has been sent to the DNR as required by the Shoreland zoning ordinance. Planning Report — The Oaks of Bridgewater 3`d Addn. November 24, 2009 Page 5 The Shoreland zoning distinguishes between riparian and non -riparian lots. Lots 1 and 2 are riparian lots, and Lots 3, 4 and 5 are non -riparian. The R-1 and Shoreland zoning standards are summarized in the following table. The governing standard is shown in bold italics. The Shoreland zoning for Bald Lake requires a lot size of 15,000 sq. ft. for riparian lots (Lots 1 and 2), 12,000 sq. ft. for non -riparian lots (Lots 3-5). Only land above the OHWL can be used to satisfy the minimum lot size on riparian lots. Lots also must be a minimum width of 75 feet at the OHWL (Lots 1 and 2 only) and 85 feet at the front building setback line. A maximum building coverage of 20% and impervious coverage of 25% applies to each lot. Five lots are proposed. Lots 1 and 3 will be vacant lots for future construction. The three existing single-family homes will remain on Lots 2, 4 and 5. Site Plan Lot 1— Lot 1 is a vacant lot for future construction. It is 17,408 sq. ft. in area with 14,215 sq. ft. above the OHWL. Net of all public easements, Lot 1 is 10,348 sq. ft. Lot 1 satisfies the minimum lot width standards of both the R-1 and Shoreland zoning. The western portion of the lot contains steep slopes down to the lake. An existing fence extends across the front (east) and north side of the lot, and along the edge of Bald Lake. The Site Plan shows new fence to be installed along the new southern side property line between Lots 1 and 2. This fence should stop at the top of the steep slope area. Lot 2 - Lot 2 contains an existing single-family home with an in -ground swimming pool. Lot 2 is 107,488 sq. ft. in area (2.46 acres) with 100,120 sq. ft. above the OHWL. Net of all public easements, Lot 2 is 61,402 sq. ft. Lot 2 abuts Bald Lake to the west and has 331 feet of frontage on the lake. Existing storm sewer extends between the wetland and the lake across the southern portion of Lot 2. There are several retaining walls on the property as well as a fence that extends around the existing lot perimeter. This existing fence is proposed to remain, with buyers of Lots 1 and 3, and owners of Lots 4 and 5 removing sections of fence as they wish. New fence is proposed to be installed along the new side lot lines between Lot 2 and the new vacant Lots 1 and 3. The existing masonry Ucb Lot Size Lot Width Width at Shoreline Setbacks Building Height (max.) Lot Coverage (max.) R-1 12,000 s.f. 85' N/A Front: 30' Side: 10' house 5' garage Rear: 15' 2 1/2 stories 20% bldg. coverage area Shoreland Non -riparian: Riparian: Avg. Size: 12,000 s.f. 15,000 s.f. 75' 75' From OHWL: 50' 35' 25% impervious surface The Shoreland zoning for Bald Lake requires a lot size of 15,000 sq. ft. for riparian lots (Lots 1 and 2), 12,000 sq. ft. for non -riparian lots (Lots 3-5). Only land above the OHWL can be used to satisfy the minimum lot size on riparian lots. Lots also must be a minimum width of 75 feet at the OHWL (Lots 1 and 2 only) and 85 feet at the front building setback line. A maximum building coverage of 20% and impervious coverage of 25% applies to each lot. Five lots are proposed. Lots 1 and 3 will be vacant lots for future construction. The three existing single-family homes will remain on Lots 2, 4 and 5. Site Plan Lot 1— Lot 1 is a vacant lot for future construction. It is 17,408 sq. ft. in area with 14,215 sq. ft. above the OHWL. Net of all public easements, Lot 1 is 10,348 sq. ft. Lot 1 satisfies the minimum lot width standards of both the R-1 and Shoreland zoning. The western portion of the lot contains steep slopes down to the lake. An existing fence extends across the front (east) and north side of the lot, and along the edge of Bald Lake. The Site Plan shows new fence to be installed along the new southern side property line between Lots 1 and 2. This fence should stop at the top of the steep slope area. Lot 2 - Lot 2 contains an existing single-family home with an in -ground swimming pool. Lot 2 is 107,488 sq. ft. in area (2.46 acres) with 100,120 sq. ft. above the OHWL. Net of all public easements, Lot 2 is 61,402 sq. ft. Lot 2 abuts Bald Lake to the west and has 331 feet of frontage on the lake. Existing storm sewer extends between the wetland and the lake across the southern portion of Lot 2. There are several retaining walls on the property as well as a fence that extends around the existing lot perimeter. This existing fence is proposed to remain, with buyers of Lots 1 and 3, and owners of Lots 4 and 5 removing sections of fence as they wish. New fence is proposed to be installed along the new side lot lines between Lot 2 and the new vacant Lots 1 and 3. The existing masonry Ucb Planning Report — The Oaks of Bridgewater 3rd Addn. November 24, 2009 Page 6 monuments at the driveway entrance will be set back a minimum of five feet from the proposed new lot lines. A sanitary sewer line runs from the house to the southeast extending across proposed Lot 3, 4 and 5, north of the wetland. A Variance is requested for the minimum lot width at the front setback line of Lot 2. With a measurement of 59', Lot 2 does not meet the minimum required 85' lot width. The purpose of this standard is to ensure that lots have sufficient width to accommodate construction and setbacks. In this case, the house is located further back on the lot than the front setback line, and the lot does widen out to far exceed the 85' standard in the area where the house is located. A Variance is also requested for the existing swimming pool which is located within the 50' setback from the OHWL of Bald Lake. Retaining walls around the pool and along the water's edge are also within the 50 setback from the OHWL. These are existing conditions and do not involve any new construction or disturbance in that area. The Variance would allow these items to be maintained in their current location. The swimming pool was installed in the late 1960s and predates the City's shoreland zoning. Lot 3 - Lot 3 is a vacant lot for future construction. It has a gross area of 33,779 sq. ft.; the lot area net of public easements is 11,514 sq. ft. Lot 3 satisfies the applicable dimensional standards for lot width and area. Lot 3 extends into the wetland to the south. Existing fence extends along the east side lot line and across the front of this lot, and new fence is proposed to be installed along the west side lot line, extending on both sides to the wetland edge. The new fence is located within the wetland buffer. A conservation easement is to be established over the wetland buffer, and therefore, the fence should end at the edge of the conservation easement area. A sanitary sewer line runs along the southern portion of the lot north of the wetland. A 30' utility easement for existing sanitary and storm sewer lines occupies the east side of the property. Lot 4 - This existing developed lot is being enlarged to the south. The new lot area is 48,780 sq. ft. Net of public easements, the lot area is 17,840 sq. ft. No new development is proposed on this lot at this time. An easement for sanitary sewer extends across the southern portion of the lot, north of the wetland. The perimeter side yard fences are proposed to be extended southward to the edge of the wetland. As with Lot 3, fence construction is not permitted within the conservation easement and wetland buffer area. A 30' utility easement for the sanitary and storm sewer lines runs along the west side of Lot 4. The sanitary sewer line extends across the south end of the property north of the wetland. Lot 5 - Lot 5 is also being enlarged to the south and no new development is proposed on this lot at this time. Lot 5 is 33,362 sq. ft.; and net of public easements is 23,076 sq. ft. Again, new fence is proposed to be extended along the new side lot lines, but should not encroach within the conservation easement to be established over the wetland and buffer area on the southern portion of the property. Existing fence that is within the wetland, JAI Planning Report — The Oaks of Bridgewater 3rd Addn. November 24, 2009 Page 7 buffer and conservation easement areas should be removed. Lot 5 also shows a future garden shed. The shed will be subject to zoning requirements for setbacks and design standards at the time of construction. Also, the shed cannot be within the conservation easement area. Topography/ Grading — The site is heavily wooded with relatively steep topography, with elevations ranging from 840 to 890. Bald Lake (City Pond No. JP -20) lies along the west edge of the site, while wetland area lies along its south side. No grading is proposed with initial development, but grading will be necessary with building permits for the two proposed new lots (Lots 1 and 3). Storm Drainage — Storm water runoff from the development will be accommodated by existing storm sewer systems and ponding in the area. No additional on-site storm sewer improvements will be necessary. Utilities — No additional sanitary sewer or water main improvements will be necessary to serve the development. The existing houses on proposed Lots 2, 4, and 5 (3854, 3858, and 3862 Bridgewater Drive) are connected to the City sewer and water systems. With the initial development of Oaks of Bridgewater, sanitary sewer and water service pipes of adequate size, depth, and capacity were stubbed out of Bridgewater Drive and are readily available to serve future houses proposed on Lots 1 and 3. Streets/ Access/ Circulation — The existing houses within the development take driveway access from Bridgewater Drive. The two new houses on Lots 1 and 3 will also have driveway access to Bridgewater Drive. Easements — The storm sewer outlet pipe from Bald Lake, and sanitary sewer pipes serving numerous houses extend across the south portion of the site, in the rear yard areas north of the wetland. The City is responsible for these pipes and the Bald Lake outlet structure, which requires periodic access for maintenance. This development should dedicate and maintain a clear access easement, in an alignment as determined by the City Public Works Department. This easement should be clear of obstruction at all times. This development should establish conservation easement over the Priority A wetland and its associated wetland buffer in a form acceptable to the City Attorney. The developer shall be responsible for recording an acceptable conservation easement. Water Quality - City water quality requirements were previously met with the approval of The Oaks of Bridgewater 2nd Addition in 1991. The entire parcel is within the Shoreland Overlay District of Bald Lake (DNR Public Water #19- 0061P). Future development of any of the proposed lots would be subject to City Code Sec. 11.65 Shoreland Overlay District Regulations. Of particular concern is the "steep slope" within approximately 50 feet of the lake shoreline, which is most of the westerly boundary of this development parcel. Planning Report — The Oaks of Bridgewater 3rd Addn. November 24, 2009 Page 8 According to Sec.11.65, Shoreland Overlay District, "steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs." The regulations require evaluation of possible soil erosion impacts and development visibility from public waters before issuing a construction permit on steep slopes. Furthermore, clearcutting and intensive vegetation clearing on steep slopes is prohibited. Limited clearing or management of vegetation is permitted under certain provisions, however. City Code Sec. 11.65 also regulates grading and filling (topographic alterations) on steep slopes within Shoreland Overlay Districts. Wetlands - Because there is a wetland along the southeasterly boundary of this parcel, which is adjacent to Wandering Walk Park, the development is subject to City Code Sec. 11.67, Wetland Protection and Management Regulations. Although the development is not proposing to impact the wetland, Sec. 11.67 requires permanent wetland buffers be established according to the wetland's classification. This wetland is classified Priority A, the buffer of which is 40 feet where slopes are less than six percent (6%) or 48 feet where slopes are six percent (6%) or greater. City Code Sec. 11.67 requires that conservation easements be established over Priority A wetlands and the associated wetland buffer. The existing wetland buffer area contains mostly turf grass (Kentucky blue grass). It therefore does not meet the City's Wetland Buffer Vegetative Requirements (Sec. 11.67, Subd. 7). The developer is required to submit a Wetland Buffer landscaping plan for City approval. Tree Preservation — Pursuant to the City's Tree Preservation ordinance (Sect. 11.70, Subd. 12.1) An Individual Lot Tree Preservation Plan will be required at the time of building permit application for Lots 1 and 3. The Tree Preservation Ordinance currently allows up to 20% removal without mitigation for single-family lot construction. Financial Obligation — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, there are no trunk or lateral charges due for this development area. Parks and Recreation — A park land dedication and trail improvements were made in 1991 with the first phase Oaks of Bridgewater development in satisfaction of park and trail dedication requirements. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision of three lots to create five single-family lots upon 5.53 acres located at 3862, 3858 and 3854 Bridgewater Drive. The proposal includes a Variance to the minimum lot width for proposed Lot 2, and setback Variances from the Ordinary High Water Level (OHWL) of Bald Lake for the existing swimming pool and retaining walls. 1103 Planning Report — The Oaks of Bridgewater 3`d Addn. November 24, 2009 Page 9 The proposal subdivides three existing developed lots into five lots, creating two new vacant parcels for future construction. Existing houses will remain on Lots 2, 4 and 5; Lots 1 and 3 will be vacant lots for future construction. With one exception (lot width for Lot 2), the proposed subdivision complies with the dimensional and bulk standards for the R-1 and Shoreland Overlay zoning. Individual Tree Preservation Plans will be required for Lots 1 and 3 at the time of building permit. The site contains a Priority A wetland, which will require establishment of a wetland buffer and conservation easement. New fence construction should remain outside of the conservation easement area and outside of steep slopes along Bald Lake. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision of three lots to create five single-family lots upon 5.53 acres, with a Variance to the minimum lot width for proposed Lot 2, and setback Variances from the Ordinary High Water Level (OHWL) of Bald Lake for the existing swimming pool and retaining walls, located at 3892, 3858 and 3854 Bridgewater Drive, legally described as Lots 11, 12 and 13, Block 3, The Oaks of Bridgewater 2nd Addition. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, B2, B3, Cl, C2, D1 and El 2. The property shall be platted. 3. This development shall dedicate and maintain a access easement, in a form acceptable to the city, in an alignment as determined by the City Public Works Department, for maintenance of the existing utility pipes and structures along the south portion of the development. This easement shall be clear of obstruction at all times. 4. This development shall be required to submit an Individual Lot Tree Preservation Plan at the time of building permit application for Lot 1 and Lot 3. 5. Prior to final subdivision approval, the developer shall submit a Wetland Buffer landscaping plan (in accordance with City Code Sec. 11.67, Subd. 7. A. 2.) for City approval. 6. Prior to final subdivision approval, the developer shall deliver a conservation easement for the wetland and wetland buffer in a form and with content acceptable to the City Attorney. 7. The developer shall place markers at the upland edge of the Wetland Buffer at least every 75 feet (or a minimum of one per lot). Wetland Buffer Markers will be provided by the City. Planning Report — The Oaks of Bridgewater 3`d Addn. November 24, 2009 Page 10 8. Existing fence that is within the wetland, buffer and conservation easement areas should be removed. There shall be no new fences or other structures within the conservation easement areas of Lots 2 — 5 or within the steep slope areas of Lots 1 and 2. kes- STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's 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 overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights-of-way 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, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. 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 permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City Rcite engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 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 public improvement project and associated contract must be awarded 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 Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. 107 I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. 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 lepe Revised: February 2, 1993 Revised: July 7, 2009 Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint CD IN i _Amelia I. r4INtip:47 .erIII&pWI Miley �u ajir o .., 2 pj no 4,,,tiv.... at Alike pi 17 , t„ mums Echo 1,4' f9114 aFM 9/4Y C I- ZaGEG0 ONGUSE mlommommonoma �e43 - Lu! tI!t til ©awo tpiQo W%WW&1 p V v i1/4 a 47— r_../1'4ittrZ-P:444P 4%).(Iiiit 41b-41ettrey vs' Obit itkailik,4 Mill ael a LT 0 0 0 0 1 0 0 IA- un�w�` NMI b.Vii; t� r4 i AC+�' vQ;,rEllimr•Edilrtilr tei amio aim - ��'t% e40i7� GGCe -� ��WAR o��o ��o;� loc sae :acs q o e 1� 0�. iit reaki %PI g 40 �aa OK ��`+rat, sc.`6pses Qa�rilik# ''V6�oia MIX t7„�r. ' �o r 0`- o�_eo PIpAllae v n n 0 1000 1000 Development/Developer: Oaks of Bridgewater 3rd Application: Preliminary Subdivision Case No.: 23 -PS -03-10-09 +City of Cap Community Development Department lci THIS MAP IS INTENDE FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. 2000 Feet N W� E r Current Zoning and Comprehensive Guide Plan Land Use Map The Oaks of Bridgewater 3rd Addition Preliminary Subdivision 23 -PS -03-10-09 Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density 600 0 600 1200 Feet MCIPIT ROILS y +� Location +i 1 , oit :4, II t1.0ta lea lio,Page, 01;146114c1' k040-.A�e;� City of Ekon Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. ..7%) Zoning Information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. '1 17L 4 L ." '";1 it ------y S : ? . i ! rI ___ 148.35'' ^ .. -N5U8-AHI 9� `_ . �OTE.�` NS47'i7'E 13l.)6� 3- Ay,„°fq , 7 S1oW.,dw iii E —z — �.---z iG Y- e g f s e 4`fit��3�e-1s�� • x•i�z; EXISTING CONDITONS 1 73 Preliminary Plat of: THE OAKS OF BRIDGEWATER 3RD ADDITION Graid 1. J555•55 IeM R-1 PROPERTY DESCRIPTION Enla II. II and I3. bask J. CONS 00 RRIDGFRmon...IER SRO mon....21 oGng b R .. .001.0pal I an. 0a*aa Lonny. 220 21 own. Llwrla. Y. brut Za.W: R-1 NOTES • 8•551590 .Now. .n 05554 Nen out.. d51Ni • Nulty .5059 aro from Weaned,. 1✓aw559 by IN c4)' ✓ rap.. A dmaula &orgy *2.00455. and 0.•.1 4 19.4210. 0000, 510. CN Co* TRW Ns, 90522590. 9053258) and 00532505 and ✓i• sts I M M✓e da.0la • cana2.5ieucl ow l 55OR 0001.0 S51-454-0002100 550 • Cola ora. - 240.917 .pard 1591 (55) .cna). • Zoning: 0-1 (SwwN Candy R.e4N141) Nd S1an1212 045•0Y 04.id51. • 049114 ENbon nd T 594, i.lemn.len4/rm IM a 33 30 110.0 Stole In Fool LEGEND .. 44.0.0* rand 1455.5•1•51 Sri C IranIran- 55595,0 5.5✓ —51211. 52.✓ - wa.a.44 0459• N5drNI 002 Val.. w() YNMI. 0.0 c s1. Bain a.• C4awa1 6• Cub 51. P (Wed End 45191 E4wIW .0g} 14b1 Pond p (4514951 //•55/2•5••• 1.0 Trwxane P•N.lal O cab4 T.I.4a55 R.a.ua •40 AM Cow4la04l Ual c_4. Soria. — —Nine 0.. --I--N4d 1.40555 _....— ENu t1.. Ga Make OWNER OPER Chen. NN. Sr. .XdI 15500.w1✓ Mw Edda. Adm.* 55123 Poona: 551-15e-3022 SURVEYOR /ENGINEER nen* k A..ea.l•a. 5.r. Sei4 240 3590 fN✓a 0.55122 Eagan. kin... jbpll.: 951-6•5-5051 Ilan Coro Gnla I k✓eky nutty Na 1512 .wn4o.l' 941 w.. I'= by n'• 5/ und✓5 Y 6•55x.0. ow 000 y Uun•N tone Sm . low. 1. le. Oa b01eau4NN 022N 596 1515 220 or 051505r. 2009. WOES w 5420001(5. RK. SU90MSON DATA 51/UNARY . Ina ✓N . 240.911 .ao21. k..1 (5.53 a....). .Iwo - . inn...aawwNl 6•..s . 59.213 5400re 451. To : Advisory Planning Commission Date : Nov. 18, 2009 Re: Development Application The Oaks of Bridgewater 3`d Addition/Charles Hall, SR Preliminary Subdivision File Number 23 -PS -03-10-09 My name is Joanne Wakefield I live at 794 Mill Run Path Eagan MN 55123. have lived at this location with my husband and children since 1991. Our property overlooks the Hall property that is west facing from the rear of our house. We live on a high ridge that overlooks the Hall lot and Bald Lake. Most rooms in our house have windows with a view of the Hall property and the adjacent city park property. Our deck also faces that open land. The reason we chose this location was to be in a neighborhood yet to have a vast expanse of open wild land behind our house. We had previously lived on a 5- acre property and wished the connection to neighbors and community. In our home on this lot we have found the best of both worlds great neighbors and the beauty of nature. We have been very happy living within sight of the trees, water and wild areas that bring an abundance of nature into our lives. We lived here and watched sunsets over Bald Lake and the rolling hills beyond it before that land was subdivided and a housing development went in to production that resulted in Northridge. Before that the land was a pasture for horses and we had an unobstructed view of beautiful sunsets. We were uninformed of that plan until we saw roads being constructed, we were very unhappy about that project. It decreased the beauty of our view and our personal satisfaction. Before we purchased this lot we checked to be sure there would not be subdivision of the property that we overlook (the Hall property). This is immediately adjacent to our property/lot. This was an integral part of the decision we made to choose this property where we have less usable land but an exquisite solitude with an amazing view. I have a deep and abiding connection to the natural world and a commitment to merging nature with communities and people. That is something I so appreciate about living in Eagan where there are so many interconnecting greenways. We have seen many wild animals over the years in the nature area viewing this from inside and outside of our house over all seasons. We see deer, the rare coyote, many ducks, Canadian geese and birds in the wetlands and wilds behind our house. Turtles climb the hill to bury their eggs and frogs sing throughout the summer. I walk often in the back by the water (wetlands) and Bald lake. There are red tailed hawks living in the pine trees across the away and there is a bald eagle that spends its time in this area. I have not seen where it nests yet, but it was a frequent visitor this past summer. I was shocked to see it initially but saw it enough times to know it was not just a passing visitor. Last week standing by the waters edge at dusk an owl swooped down over me and into the woods. It was so silent if I had not been in a position to see its movement I would not have know it had past by me. Today as I walked the dog I saw two small animals in the water, I'm not sure what were but they can swim long distances underwater and dive silently when an observer passes by. These experiences in the open spaces with these amazing creatures bring so much joy, peace and gratitude to my life. I don't want this to change. If the subdivision occurs it would negatively impact the lives of my family and me, as well as the natural community of animals residing in the area. I do not want to look out my windows and see one more house in view. There are enough already. I envision trees would be cut down to make housing sites and that is unacceptable. This and any house built would impinge on our view and the privacy we now have. This community has enough houses. There is not a housing shortage. I can also envision this subdivision would decrease the value of our house as the view and solitude would be impacted if more houses are in view and if wild life diminish. I do not agree with this proposal and wish the land to be left as it is with no building or additional housing permitted Signed Joanne Wakefield Date 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 - 7580 (952) 431 - 4433 December 8, 2009 Ms. Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Oaks of Bridgewater — 3rd Addition Preliminary Subdivision Condition 8 — Existing Fence On behalf of the Applicant, we are requesting thaPa k bee ting wood allowedtofence inremain thissubdivision pathdthough this city park passes buffer along the City of Eagan's Wandering Walk has already experienced within approximately 10 feet of the property line and existing fence. The Applicant tion, noticeable amounts of trespassers climbing over the meoved welnce and l into the private property. property. ltos our concern that edge of park signs of been pulled up andrandomly without a fence there will be a significant increase in trespassers since it will be easier to wander through the wetland buffer, intentionally or without knowing that they are leaving the park property. re than it in place. It In addition, since the fence is existing, removal daill actually disturb the wetland buffer ma a to the new wetland buffer area wothin the subdg ision if users also seems that there will be less potentialforg of Wandering Walk Park are dissuaded from walking in the private buffer land. Finally, we are comfortable with the second half of Condition 8 prohibiting new fences within the wetland buffer, conservation easement and steep slope areas of the property. Thank you for your consideration of revising Condition 8. Sincerely, Quinn S. Hutson, AIA Principal CNH Architects, Inc. cc: Chuck Hall, C. Hall Company RECEIVED DEC 0 8 2009 p:Wro}ects\2009\09051\2 - Design\City Review (Site, CUP)\Existing Fence Request dec 17� Agenda Information Memo December 15, 2009, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY PLANNED DEVELOPMENT — DAKOTA COUNTY CDA ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment (OR direct preparation of findings of fact for denial) that would change the land use designation from SA/BP (Special Area/ Business Park), to SA/MD (Special Area/ Medium Density), to allow for a 47 -unit townhome development upon property legally described as Lot 2 and 1, Block 1, Northwood Business Park 3rd Addition. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: > The subject site is part of Northwood Business Park, which was initially platted in 1999. ➢ The site has been designated for commercial use and since the initial phases of the Northwood Business Park developed in 1999 and 2000, this site has remained vacant. > Tree removal and grading were done for the installation of utilities to serve the first phases of development in 1999. Improvements with the initial phase also included wetland mitigation. > In 2008, the City was considering this site for a new fire station and the CDA looked at partnering with the City by acquiring the remainder of the site for workforce housing. > The proposed development consists of nine townhome buildings containing a total of 47 units with a net density of 5 units per acre. Each two or three bedroom unit has an attached single -stall garage and separate entrance. Additional guest parking areas are provided throughout the site. Site amenities include tot lots, a gazebo, and open green space. > Access is from Northwood Parkway via Northwood Circle; streets within the development will, be private. On -street parking is prohibited to permit emergency vehicle access. ➢ There are other residential uses (Promenade Oaks) in the vicinity, and the site is close to employment, retail and service areas. > Deviations from typical City Code standards include front yard setbacks (less than 25' from the curb of a private street), and setbacks between buildings (less than 30'). > The Advisory Planning Commission held a Public Hearing on November 24, 2009 and is recommending approval. ISSUES: • Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Rezoning and Preliminary Planned Development requests will be withheld until the Metropolitan Council has responded to the I '7 9 proposed Comprehensive Guide Plan amendment. However, it is appropriate for the City Council to comment on the other request at this time. Subsequent to review by the Metropolitan Council, if so directed, the following action will come back before the City Council for consideration: • To approve (OR direct preparation of Findings of Fact for Denial) for a Rezoning from BP, Business Park to PD, Planned Development; and • To approve (OR direct preparation of Findings of Fact for Denial) a Preliminary Planned Development to allow for a 47 -unit townhome development upon property legally described as Lot 2, Block 1, Northwood Business Park 3`d Addition. 60 DAY AGENCY ACTION DEADLINE: Waived ATTACHMENTS (D Location Map, page Ai Draft November 24, 2009 Minutes, jjaje, (s�hrough Planning Report on pages/i6through �j'C7�`C Location Map I Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 1000 0 1000 2000 Feet Development/Developer: Eagan Northwoods (Dakota County CDA) Application: Comp Guide Amendment; Rezoning & Preliminary PD Case No.: 10 -CG -03-09-09; 10-RZ-02-09-09; 10 -PD -02-09-09 + City of Eton Community Development Department I THIS MAP IS INTEND D FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. WE Advisory Planning Commission November 24, 2009 Page 4 of 11 B. Northwood Townhomes Applicant Name: Dakota County CDA Location: 3255 Northwood Circle; Lot 2, Block 1, Northwood Business Park 3rd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment changing the land use guide plan designation on 12.9 acres from BP Business Park to MD Medium Density Residential. File Number: 10 -CG -03-09-09 Application: Rezoning Rezoning of 12.9 acres from BP, Business Park to PD, Planned Development. File Number: 10-RZ-02-09-09 Application: Preliminary Planned Development A Preliminary Planned Development of 12.91 acres to create a 47 unit townhome development. File Number: 10 -PD -02-09-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 18. She noted the background and history and suggested an additional condition of approval be added relative to indoor sound attenuation.> Member Heaney asked staff to clarify condition # 9, private street access easement. Assistant City Engineer Gorder commented that the CDA should provide an easement to the property to the south for future access, but that the property owner to the south could not be compelled to enter into an easement agreement since that property is not part of this application. Member Heaney commented no easement would be established if the parties did not agree. Member Daley commented on an additional noise buffer requirement in the airport noise buffer zone. Planner Dudziak explained the noise reduction requirement. Member Dugan asked if the loss of 13 acres Business Park zoned property would substantially impact the City's Comprehensive Guide Plan. Planner Dudziak commented that the area had previously been considered for residential use in 2008, and there is other residential use in the area so this request would not be introducing a new use to the area. Kari Gill, CDA, the applicant, commented on the area and the need for this type of development and noted the property owner Jim Ostenson was available for questions as well. Kim Bretheim, LHB Architects, gave a brief description of the constraints on the site. Member Daley asked about the access to the property. Advisory Planning Commission November 24, 2009 Page 5 of 11 Kim Bretheim explained the entrance off of Northwood Circle and site circulation. Member Heaney asked if the garages are attached to each unit. Kim Bretheim explained each unit has an attached tuck -under garage which is accessed off the interior private streets . Member Dugan asked if Eagan Fire Department had reviewed the plan. Kim Bretheim explained he had direct conversations with the Fire Marshal and addressed all issues and concerns. Chair Chavez opened the public hearing. Mary Damarco, resident / MICAH Representative, commented on the need for a development like this in Eagan. Caroline Sampson, resident / MICAH Representative, supports this development. Don Michaletz, 3255 Lexington Ave S, stated he opposes this residential development because it is so close to a large trucking company and because of the need for air traffic noise abatement. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Chair Chavez asked staff to comment on two concerns, change in use of the property and airport noise. City Planner Ridley stated surrounding property zoning and current zoning. He also stated that in 2008 the CDA along with the Eagan Fire Department brought an application for a new fire campus along with attached housing. It was clear the City Council in 2008 was not opposed to housing in this area. The City has taken steps to address airport noise with adding condition #15 to address airport noise. Member Heaney moved, Member Filipi seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from SA, Special Area, to MD, Medium Density, for a residential townhome development upon approximately 12.91 acres located west of Lexington Avenue and north of Northwood Parkway legally described as Lot 2, Block 1, Northwood Business Park 3rd Addition. Member Heaney moved, Member Keeley seconded a motion to recommend approval of a Rezoning from BP, Business Park, to PD, Planned Development, upon the 12.91 acre site located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwood Business Park 3rd Addition. Member Heaney moved, Member Keeley seconded a motion to recommend approval of a Preliminary Planned Development consisting of 47 dwelling units upon the 12.91 acre site located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwoods Business Park 3rd Addition, subject to the following conditions, including 183 Advisory Planning Commission November 24, 2009 Page 6 of 11 the addition of condition #15: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Preliminary PD Agreement. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. The Preliminary Planned Development shall have a 5 -year term. 3. The owner and applicant and/or developer shall enter into a Final planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 4. On -street parking shall be prohibited along the private streets within the development, except for the designated visitor parking stalls. 5. In the event that the street is extended to the south in the future, the basketball court shall be removed. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Prior to Final Planned Development approval, the developer shall submit for recording proposed conservation easements for the wetlands and wetland buffers in a form and with content acceptable to the City. The developer shall be responsible for recording acceptable conservation easements. 8. The developer shall place markers at the upland edge of the Wetland Buffer at least every 75 feet (or a minimum of one per lot). Wetland Buffer Markers will be provided by the City. 14q Advisory Planning Commission November 24, 2009 Page 7 of 11 9. If the property owner of Parcel 10-01000-010-750 (3255 Lexington Avenue) is agreeable to accepting a private street access easement covering the private streets within the Eagan Northwoods development for possible use with future development of Parcel 10-01000-010- 750 (3255 Lexington Avenue), the applicant shall prepare and record the easement subject to review and approval by the City Attorney. 10. The applicant shall be required to fulfill tree mitigation requirements through the installation of thirty (30) Category B trees. 11. The applicant shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 12. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This proposal shall be subject to a cash parks dedication. 14. This proposal shall be subject to a cash trails dedication. 15. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This requires a minimum inside noise level reduction of 19 dBA. A vote was taken. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 18, 2009 CASE: 10 -CG -03-09-09 10-RZ-02-09-09 10 -PD -02-09-09 APPLICANT: Dakota County CDA HEARING DATE: November 24, 2009 PROPERTY OWNER: Northwood Equity, LLC APPLICATION DATE: REQUEST: Comprehensive Guide Plan Amendment PREPARED BY: Pamela Dudziak LOCATION: W of Lexington Ave. and N. of Northwood Pkwy. at Northwood Circle COMPREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park SUMMARY OF REQUEST Dakota County CDA is requesting a Comprehensive Guide Plan Amendment to change the land use designation from SA, Special Area, to MD, Medium Density, for a residential townhome development upon approximately 12.91 acres located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwood Business Park 3rd Addition in the SE '/4 of Section 10. The CDA is also requesting a Rezoning from BP, Business Park, to PD, Planned Development, and approval of a Preliminary Planned Development consisting of 47 dwelling units upon the site. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 2 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 boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 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 This property is the third lot in the Northwoods Business Park development which was initially platted in 1999. The first two lots west of the subject site were developed with single -story office and office/showroom type uses in 2000 and 2001. Tree removal and grading were done at that time for the installation of utilities to serve the development. Improvements with the initial phase also included wetland mitigation. In 2008, the City was considering this site for a new fire station. In conjunction with the fire station, the CDA looked at partnering with the City by acquiring the remainder of the site and developing it with workforce housing Ultimately, the City chose to pursue a different location for the fire safety campus, but the CDA continued to explore the site's potential for workforce housing which has resulted in this application. EXISTING CONDITIONS The site consists of approximately 13 acres. There is a large wetland on the southern portion of the site, and smaller wetlands in the northeast and northwest corners. The bulk of site was graded with prior development, and some wetland fill and replacements have already been done. ��7 Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 3 One remaining small wetland in the southeastern portion of the property was mitigated with prior development and is proposed to be filled with this development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — Dakota County CDA is proposing a 47 -unit workforce housing townhome development. The development consists of 4, 5 and 6 -unit buildings. A single -stall garage is provided with each unit. Site amenities include a half basketball court, gazebo and tot lot play area. Each unit is provided with a single -stall garage, additional visitor parking is provided throughout the site. Pedestrian access is provided to existing trails on Lexington Avenue to the east and Northwood Parkway to the south. The applicant's narrative indicates the development will be developed and managed by the CDA in conjunction with a private partner which provides approximately 60% of the project financing. Compatibility with Surrounding Area — The applicant's narrative describes the proposal as "a good location for residential" that is compatible with the existing residential development south for the subject property. A major retail and service area in the Eagan Promenade is also near to the site. Airport Noise — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has recently adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan, Appendix L (Land Use Compatibility Guidelines for Aircraft Noise). New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. Existing Use Zoning Land Use Designation North USPS I-1, Limited Industrial IND, Limited Industrial East Office/Warehouse/ Manufacturing BP, Business Park BP, Business Park South Office/Residential (S -F & Promenade Oaks) BP, Business Park; A, Agricultural; PD, Planned Development SA, Special Area West Office/Showroom BP, Business Park SA, Special Area EVALUATION OF REQUEST Description of Proposal — Dakota County CDA is proposing a 47 -unit workforce housing townhome development. The development consists of 4, 5 and 6 -unit buildings. A single -stall garage is provided with each unit. Site amenities include a half basketball court, gazebo and tot lot play area. Each unit is provided with a single -stall garage, additional visitor parking is provided throughout the site. Pedestrian access is provided to existing trails on Lexington Avenue to the east and Northwood Parkway to the south. The applicant's narrative indicates the development will be developed and managed by the CDA in conjunction with a private partner which provides approximately 60% of the project financing. Compatibility with Surrounding Area — The applicant's narrative describes the proposal as "a good location for residential" that is compatible with the existing residential development south for the subject property. A major retail and service area in the Eagan Promenade is also near to the site. Airport Noise — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has recently adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan, Appendix L (Land Use Compatibility Guidelines for Aircraft Noise). New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 4 The City's adopted Comprehensive Guide Plan currently designates the subject site as BP, Business Park, within this Special Area. If the City determines that residential uses are appropriate on this site, City Code and regional policy provide guidance in gauging whether such uses can be compatible, provisionally or conditionally acceptable, or inconsistent. Based on adopted Aircraft Noise Zones, the site is located within the one -mile Noise Buffer. Single and multiplex residential uses with individual entrances are considered Conditional Uses within the Noise Buffer Zone and must meet the following land use review factors identified in the Metropolitan Council 2030 Transportation Plan -Appendix L: 1. Proposed construction design will provide outdoor to indoor attenuation required by structure performance standards in Table L-4. The table indicates the interior sound level standard for residential uses is 45 dBa. New residential construction as proposed will require a minimum 19 dBa noise reduction within the Buffer Zone. 2. Is the site located under a major departure flight track used by jets? The site lies 3.5 miles southeast of the parallel runways at MSP. Significant fanning of takeoff flights over Eagan reduces direct noise impact under or adjacent to any major departure flight tracks. Therefore the proposed use should be considered compatible with this factor. 3. Is the site located parallel to a primary runway used by jets? The subject site is not located parallel to a primary runway. 4. Is the site located parallel to a runway to be used for unshielded engine run -ups? The subject site is not located parallel to a runway used for unshielded engine run -ups. S. Is the proposal consistent with adjacent land use ambient noise; and is it consistent with the overall comprehensive plan? A comprehensive guide plan amendment is proposed to permit residential uses on the site. 6. Has the local government adopted an effective method to inform future occupants of aircraft noise exposure? The noise contours are shown on the City's Zoning Map and on the Land Use Map within the City's Comprehensive Guide Plan. 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. For evaluation purposes, the typical zoning district standards for the proposed use housing types are used as a basis for comparison for the proposed Planned Development. The proposed development is townhomes, therefore, the R-3 zoning standards will be used for the evaluation. Term — Staff suggests a five-year term for this Preliminary Planned Development. /0 Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 5 Public Benefit - The narrative lists several benefits of the proposed rezoning and Planned Development including providing affordable housing in the community for workers of modest means and the benefits associated with such affordable housing such as workers that fill service, retail and manufacturing jobs that support a vibrant local economy; workers can be located closer to their jobs which reduces traffic congestion; greater school success for children when their families have affordable housing and do not move as often; families have more to spend on other life necessities such as food medical and transportation when housing is affordable. Also the narrative states that families in affordable rental housing are more likely to save money for a down payment and purchase their first home. Units/Density — The proposed development consists of a total of 27 two-bedroom units, 18 three- bedroom units, and 2 two-bedroom accessible units for a total of 47 units. The proposed 47 -unit development results in a gross density of 3.6 units per acre. Adjusting for the wetland areas of the property, the net density is 5.04 units per acre (47 units / 9.33 acres). Site Plan — The Site Plan shows 47 townhome dwelling units. The site design is constrained by existing wetlands, significant vegetation and utilities. The development has a variety of 4 -unit, 5 -unit and 6 -unit buildings, including some accessible units. Access to the site is from Northwood Circle, a public street. Streets within the development will be private. A cul-de-sac extends south on the east side of the site. The northern portion of the site shows buildings around a common green area with trails throughout. Trail connections are proposed to Lexington Avenue and along Northwood Circle to Northwood Parkway. Recreational site amenities include tot lots, a gazebo and half -basketball court. A project identification sign is proposed just north of the entrance from Northwood Circle. Setbacks — Required minimum structure setbacks are 50 feet from Lexington Avenue, 40 feet from Northwood Parkway and 30 feet from Northwood Circle. R-3 zoning also requires a 30 - foot setback from the perimeter of the development site. All of these setbacks are satisfied. Proposed front setbacks to the curb are 22 feet throughout the development, sufficient depth for off-street driveway parking. This is a deviation from typical code standards, which would require minimum setbacks for private streets of 20 -feet for a dead end and 25 -feet for a through street. In addition, a minimum setback of 30' is typically required in R-3 zoning; this development proposes a minimum distance between buildings of 24'2". This is also a deviation from typical code standards. Building Coverage and Green Space — The City Code sets a maximum building to lot area ratio of 20% for R-3 zoning. The development proposes a building coverage ratio of approximately 7.6%. While the City Code does not specify a minimum green space in the R-3 zoning district, this development proposes 73.6% green space, which includes the large pond and other wetland areas. 190 Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 6 Emergency Access — To provide for emergency vehicle access, on -street parking should be prohibited along the private streets within the development, except for the designated visitor parking stalls. Off -Street Parking — City Code requires two parking stalls for each dwelling unit, one of which must be enclosed. This development has a single -stall garage for each unit, plus one stall off- street driveway parking for each unit. Between the garage and driveway parking, the City Code standard is met. Additional off-street parking for guests and visitors is also provided in several locations throughout the development and totals 40 stalls. Recreation Space — The City Code requires townhome and apartment developments to provide a minimum recreation area of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each unit containing more than two bedrooms. Also, such recreation area must be located at least 100 feet from any ponding area. Using this standard, a total of 11,200 sq. ft. of recreation space would need to be provided within the site. The recreational amenities include tot lots, a gazebo, and a half basketball court. Additional open space is provided around the tot lots and gazebo in the northern part of the development. This area combined is approximately 12,000 sq. ft. The half basketball court is located on the southern cul-de-sac, and in the event that the street is extended to the south in the future, the basketball court will need to be removed. Grading/ Topography — The preliminary grading plan is acceptable. A majority of the site was previously graded, is generally open and is relatively flat. A portion of the site along Lexington Avenue has not been graded, is heavily wooded and has rolling topography. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage — The preliminary storm drainage plan is acceptable with some modifications. A majority of the storm water runoff will be directed to an existing pond (Pond DP -13) and two smaller wetlands in the center of the site. A sediment basin of sufficient size was constructed with previous development in the southwest corner of the site. A partially constructed sediment basin in the northwest corner of the site will be fully constructed with development. Water Quality - City water quality requirements for this parcel were previously met with the approval of Northwood Business Park in 1999. 141 Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 7 Wetlands — This development is subject to City Code Sec. 11.67, Wetland Protection and Management Regulations because there are four wetlands on the parcel. A wetland in the northwest corner of the parcel is classified "Manage A," a wetland in the northeast corner is classified "Priority A," and the large wetland in the central part of the parcel is classified "Priority A." The small wetland within the existing woodland in the east central part of the parcel has not been classified because it will be completely filled according to a previously approved wetland replacement plan of Northwood Business Park. The wetland replacement area for this wetland is at the southerly end of the large wetland. The developer is not proposing to impact any of three other wetlands. To fulfill City Code Sec. 11.67 requirements, the proposal has incorporated to the maximum extent practicable permanent wetland buffers and has accommodated setbacks from wetland buffers. In a few instances, required minimum wetland buffer widths were not feasible; the developer has therefore accommodated Sec. 11.67 Subd. 6. B., Wetland Buffer Flexibility by including additional buffer area in the southeast portion of the property. The developer shall place markers at the upland edge of the Wetland Buffer at least every 75 feet (or a minimum of one per lot). Wetland Buffer Markers will be provided by the City. Utilities — The preliminary utility plan is acceptable. Existing sanitary sewer and water main run through the middle of the site and are available for connection by this development. Streets/ Access/ Circulation — The development is proposed to be served internally with private streets with public street access to Northwood Circle at one location. Vehicle access to Lexington Avenue is not proposed. Northwood Circle and Northwood Parkway can accommodate the estimated traffic generated by this proposed development. Proposed sidewalks and trails within the development leading out to existing trails along Northwood Parkway and Lexington Avenue will pr9vide for pedestrian access. The private street within the development is shown on the site plan to be stubbed to the southeast corner of the development for future connection by possible development of Parcel 10-01000- 010-750 (3255 Lexington Avenue). The private street within Eagan Northwoods, leading from Northwood Circle to the southeast corner of the development will be subject to access easement requirements as detailed below in the Easements/ Permits/ Right -of -Way section of this report. Easements/ Permits/ Right -of -Way — Previous platting of this property dedicated sufficient right- of-way for Lexington Avenue (County Road 43). If the property owner of Parcel 10-01000-010-750 (3255 Lexington Avenue) is agreeable to accepting a private street access easement covering the private streets within the Eagan Northwoods development for possible use with future development of Parcel 10-01000-010-750 (3255 Lexington Avenue), the applicant should prepare and record the easement subject to review and approval by the City Attorney. 19a, Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 8 Landscaping — The submitted landscape plan shows shade trees (maple and oak) lining the streets and foundation plants at each building consisting of perennials (daylily and hosta) and shrubs (dogwood and viburnum). Additional shade trees and ornamental trees (crabapple) are located along the trails in the northern part of the site. A row of evergreens is proposed along the east edge of the site to establish a vegetative screen between the development and Lexington Avenue in areas where grading would otherwise leave the area open. The landscape plan includes preservation of existing significant trees and wooded areas in the southeastern portion of the site, and reestablishing ground cover in disturbed areas. City ordinances state that tree mitigation is to be provided in addition to required landscaping. The proposed mitigation trees are primarily located around the north and northwest edge of the site, and also along the south side of the main entrance adjacent to the pond. Tree Preservation — A tree inventory submitted with this application indicates that there are one - hundred ninety-six (196) significant trees existing at this site. This individual tree resource is comprised of a large variety of hardwood and softwood deciduous trees (the majority being oak, black cherry, elm, ash, cottonwood trees), as well as some conifer trees (mostly pine). Tree diameters range from 6 inches to 35 inches, averaging about 15 inches diameter. According to the Tree Preservation Plan submitted, significant tree impacts will result in the removal of sixty-nine (69) significant trees (35.2% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single -lot, commercial) is set at 30.0% of the total significant trees. Required tree mitigation calculates to thirty (30) Category B trees. The applicant has submitted a Tree Mitigation Plan that meets the required tree mitigation. Architecture and Exterior Materials — The buildings are two stories with a pitched gable roof. The unit mix provides both two and three bedroom units. In the three bedroom units, the third bedroom is located above the garage. This provides variation in the roof lines and building facades since each building contains a mix of two and three bedroom units. The two accessible units are one story and are located on the end of one each of the five and six -unit buildings. City code requires that all exterior vertical surfaces of a building have an equally attractive or the same finish. Exterior materials consist of siding with asphalt shingles. The building elevations show shakes and louvers in the gable roof features. Brick is used around the garages on the front elevations, and also on the rear elevations to mimic the front. A color palette for the materials was not provided. Each unit has an individual entrance from the outside, and from inside the garage. The buildings do not have decks or patios. Site Lighting — The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation. Lighting shall be indirect and diffused and shall not be directed upon public rights-of-way or adjacent properties. 193 Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 9 Site lighting is provided along the private streets and in the tot lot areas. Pedestrian level lighting is provided along the trail on the west end of the recreational space and on the trail connection to Lexington Avenue. Average light levels range from 0.7 to 2.0 footcandles. The photometric plan shows light levels dropping to <0.5 at the perimeter property lines. Additional illumination of driveways, entrances and the open recreational area is also expected from lights that will be mounted on the buildings. Parks and Recreation - This development shall be subject to a cash parks dedication and cash trails dedication. The dedication is payable with the issuance of the first building permit at the rates then in effect. The 2009 rates are $3,458 per unit for parks and $250 per unit for trails. Financial Obligation — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, there are no trunk or lateral charges due for this development area. SUMMARY/CONCLUSION In summary, Dakota County CDA is requesting approval of a Comprehensive Guide Plan Amendment from SA, Special Area to MD, Medium Density, a Rezoning from BP, Business Park to PD, Planned Development, and a Preliminary Planned Development approval for a 47 - unit townhome development upon 12.91 acres located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwood Business Park 3`d Addition. The project consists of nine buildings containing 47 units. Each either two or three bedroom unit has an attached single -stall garage and separate entrance. Additional guest parking areas are provided throughout the site. On -street parking is prohibited to permit emergency vehicle access. Site amenities include tot lots, a gazebo, and open green space. Trails are proposed throughout the northern part of the development with connections to Lexington Avenue, and along Northwood Circle to Northwood Parkway. The site has been designated for commercial use and since the initial phases of the Northwood Business Park developed in 1999 and 2000, this site has remained vacant. There are other residential uses (Promenade Oaks) in the vicinity, and the site is close to a major retail and service area. lgq Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 10 ACTIONS TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from SA, Special Area, to MD, Medium Density, for a residential townhome development upon approximately 12.91 acres located west of Lexington Avenue and north of Northwood Parkway legally described as Lot 2, Block 1, Northwoods Business Park 3rd Addition. To recommend approval of a Rezoning from BP, Business Park, to PD, Planned Development, upon the 12.91 acre site located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwoods Business Park 3rd Addition. To recommend approval of a Preliminary Planned Development consisting of 47 dwelling units upon the 12.91 acre site located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwoods Business Park 3rd Addition. If approved the following conditions shall apply: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Preliminary PD Agreement. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. The Preliminary Planned Development shall have a 5 -year term. 3. The owner and applicant and/or developer shall enter into a Final planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 4. On -street parking shall be prohibited along the private streets within the development, except for the designated visitor parking stalls. 5. In the event that the street is extended to the south in the future, the basketball court shall be removed. Planning Report — Eagan Northwoods (CDA) November 24, 2009 Page 11 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Prior to Final Planned Development approval, the developer shall submit for recording proposed conservation easements for the wetlands and wetland buffers in a form and with content acceptable to the City. The developer shall be responsible for recording acceptable conservation easements. 8. The developer shall place markers at the upland edge of the Wetland Buffer at least every 75 feet (or a minimum of one per lot). Wetland Buffer Markers will be provided by the City. 9. If the property owner of Parcel 10-01000-010-750 (3255 Lexington Avenue) is agreeable to accepting a private street access easement covering the private streets within the Eagan Northwoods development for possible use with future development of Parcel 10-01000- 010-750 (3255 Lexington Avenue), the applicant shall prepare and record the easement subject to review and approval by the City Attorney. 10. The applicant shall be required to fulfill tree mitigation requirements through the installation of thirty (30) Category B trees. 11. The applicant shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 12. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This proposal shall be subject to a cash parks dedication. 14. This proposal shall be subject to a cash trails dedication. Location Map J Eagan Boundary Right-ofway Parcel Area Park Area Building Footprint 1000 0 1000 2000 Feet Development/Developer: Eagan Northwoods (Dakota County CDA) Application: Comp Guide Amendment; Rezoning & Preliminary PD Case No.: 10 -CG -03-09-09; 10-RZ-02-09-09; 10 -PD -02-09-09 411/`City ofEta! Community Development Department lq THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. W+ E I, Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Northwoods (Dak. Co. CDA) Comp Guide Amendment; Rezoning; Prelim. PD 10 -CG -03-09-09; 10-RZ-02-09-09; 10 -PD -02-09-09 Zoning Map Current Zoning: BP Business Park 600 0 000 1200 000t .N0.2/ (YANKEE DOODLE ROAD) !PD II Celt EFL] I I \ IrT Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area 600 600 1200 Foot NO.26 (YANKEE DOODLE ROAD) Tit I SA E tor„J__ zg I I 11;71— Cid of Earn i Parcel base map Von provided by Dakota County Land Survey Departrnent Deember 2005. Zoning Information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W E 7 00'3'49='A 336.64 ... {�S () 000 CIL L� Si (•1 :° iV C:3 i aii 4 c)` 1_4 _▪ O'S _ £ fir. 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ISBN: IIIIYIIIIIIIIIIOI V 11} °I 1111111' 1 a� 1 m—CX ! 0 rnA mrD D=z -1 Z v. z0> 0 cn () 0 0 CI m C.r) 0) 5 11111 1131, 4 Fig 9 g IE 6001 0 AON 03AI333d MI 0 ir FO1 O A a)g IE v co a -.•II a 10 it a `__I I J i im., I I wr til j ` a a; a r.r I I � Ji. Ill a4 S I E. [ 4 --- 'i Mi u Ill r. aI 1 5[a r < s a la C co T C vm zz z CD z IE 600U0 AON 03AI333 0 10, -cl) x z c �z co 0 z may sswppg ,iU3 0 aa� igi .17 e , m I p � a E j i ei me a I a E—_ e8 t 9 IA ; yaw .. �� .. ---., 171 4 J p e S 9L' - C a III Iwr - <� tllj . 1 11 ,., 120,{ . -cl) x z c �z co 0 z may sswppg ,iU3 0 aa� igi 600Z f,0 AON 03AI3338 P 0m om' 05z z IE 6001 t 0 AON O3A133321 0 OMA O O 0) rg clA Northwood Townhomes — Rezoning Narrative The proposed rezoning will change the use from a Business Park use to a residential use. Although it is a change, it should be a compatible use with the existing businesses in the area. The overall area is a good location for residential and is compatible with the residential south of the subject property. The existing site conditions were taken into account as the site plan was prepared and the rezoning should work very well on this site. The proposed rezoning and planned development has taken into consideration the existing roads ponds and trees on the site. Existing utilities service the site and would be extended to service the townhomes. The current road into the site will be used and the pond will remain intact. The site is covered by an approved Wetland Delineation Plan. The trees on the site are subject to a tree mitigation plan. The applicant believes that the proposed rezoning will result in a better use of the site. This is a very good site for workforce townhomes and will provide a valuable resource to an area with many jobs nearby. The proximity to commercial and retail options makes it a very good location for housing. The site has not been developed as Business Park although it has been marketed for some time for this use. It is likely to remain vacant for some period if it is not developed as residential. The City of Eagan and the public will benefit from this proposed rezoning by providing housing that addresses the following: 1. Workers of modest means will have housing they can afford. 2. For Eagan to have a vibrant economy they need to have a supply of workers to fill service, retail and manufacturing jobs. 3. That it will reduce traffic congestion to have workers located closer to their jobs. 4. That there is a direct relationship to affordable housing and children having greater school success; this is because they are less likely to move as often. 5. Families who have affordable housing have more income to spend on other life necessities e.g. food, medical, transportation, etc. 6. Families in affordable rental housing are more likely to save money for a down payment and purchase their first home. The demand for affordable workforce housing in Eagan is very strong with over 600 applicants waiting for a two-bedroom unit and over 560 for a three-bedroom unit. Of the approximately 2,000 households on our waiting lists for affordable workforce housing in Dakota County, 1,160 of these households are on the waiting lists for our two existing Eagan developments. RECEIVED NOV 0 4 2299 aa3 Northwood Townhomes — Planned Development Narrative The site has a Business Park designation in the Comprehensive Guide Plan and the current zoning is Business Park. The zoning classification proposed is Planned Development for a medium density multi -family development; this would also require a Comprehensive Guide Plan amendment. The proposed use is a 47 unit work force housing townhome development. The Dakota County CDA began developing affordable family housing in 1992. Since then, 17 developments have been completed providing 512 affordable rental twnhomes for working families. These developments are located in the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount. Each development is 99% owned by a private partner who provides approximately 60% of the financing. U.S. Bancorp Community Development Corporation has been the private partner for 15 of the CDA's 17 family housing partnerships. The CDA is the general partner, developer, manager and lender for each development. To qualify for these townhomes, applicants must have good landlord rental histories, good credit references and clean criminal histories. Applicant's annual gross household income may not exceed 60% of the area median income adjusted for family size. Maximum income for a family of three is $45,300. Rents for these units range between $605-$625 for a two-bedroom and $655-$675 for a three-bedroom. The average income of residents is $30,000. The average family size is three. The majority of residents are working at modest paying jobs and over half are headed by a single parent. The timing of the construction is not yet known but would likely begin in 2011 and be completed in 2012. It is expected that the entire townhome development would be constructed at one time. Currently the land is vacant. A pond is located on a portion of the property which will be maintained. Trees on the southern portion of the property are subject to a tree replacement plan. The surrounding land use is primarily business park type uses. There are two single family homes to the immediate south of this site and an apartment building and additional single family homes further south. Northwood Townhomes — Planned Development Narrative The proposed workforce housing development would provide much needed affordable housing in an area with very high demand. The projected demand for affordable/subsidized rental housing in Eagan from 2000-2030 is 425 units based on a comprehensive Housing Needs Assessment completed by Maxfield Research in 2005. The study recommended that the Dakota County CDA develop two to three additional family townhome developments in the city to help meet the demand. Waiting lists for existing CDA family townhome developments in Eagan (Oak Ridge and Erin Place Townhomes) have over 1,000 applicants. Pam Dudziak From: Pam Dudziak Sent: Thursday, November 12, 2009 1:24 PM To: 'oregan05@comcast.net Subject: Housing Thank you for your comments regarding the proposed townhome development. A copy of your e- mail will be provided to the Advisory Planning Commission and City Council for their consideration. Please do not hesitate to contact me if you have any questions. Pam Dudziak Pamela Dudziak I Planner I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 ( 651-675-5691 l 651-675-5694 (Fax) I pdudziak(a)cityofeagan.com 41111* Citi of Evan THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. Original Message From: Jack O'Regan [mailto:oregan05@comcast.net] Sent: Wednesday, November 11, 2009 9:39 AM To: APC Subject: Housing I support affordable housing for the new townhomes proposed near Town Centre. I believe that our city needs to provide more homes that others can afford. It would be a good location near mass transit and many stores. I live at 4159 Strawberry Lane and my phone is 651-686-6734 if you wish to contact me. Thanks for considering this proposal. Judy O'Regan