01/04/2011 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
January 4, 2011
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
f I II. ADOPT AGENDA
Ill. RECOGNITIONS AND PRESENTATIONS
f-P A. OATHS OF OFFICE — MAYOR MAGUIRE, COUNCILMEMBERS BAKKEN AND HANSEN
-�3 B. EAGAN TELEVISION NATIONAL AWARDS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to
be pulled for discussion)
P7 A. APPROVE MINUTES
'p$ B, PERSONNEL ITEMS
jC) C. APPROVE Check Registers
D. APPROVE change in management on the Sports or Convention Facility License for Holiday Inn, Burnsville
r11 E. APPROVE 2011 -2015 General Facilities Renewal & Replacement Improvement Program and 2011 Budget.
/(p F. APPROVE 2011 -2015 CIP Part II Vehicles and Equipment and 2011 Budget
G. APPROVE change orders for Fire Safety Center project
P H. APPROVE a Joint Powers Agreement with Dakota County to host a Closed Point Dispensing Site
I. DIRECT preparation of an ordinance amendment to Chapter 10 relative to property maintenance
3) J. DIRECT preparation of an ordinance amendment to the City Code relative to transient merchants
.;. K. DIRECT preparation of an ordinance amendment to Chapter 11 relative to outdoor patio dining
.13 L. DIRECT preparation of an ordinance amendment to Chapter 11 relative to the use of banquet halls in the
Park Zoning District
,02A � M. APPROVE Change Order No. 1 for Contract No. 10 -21, Trapp Farm Park Infiltration Basin and Schwan Lake
p Sediment Removal
1 • RECEIVE Feasibility Report for Project No. 1041 (Hills of Stonebridge — Street Improvements) and schedule
a public hearing (February 1, 2011)
- �3(p0. RECEIVE Feasibility Report for Project No. 1042 (Bridle Ridge — Street Improvements) and schedule a public
hearing (February 1, 2011)
P. RECEIVE Feasibility Report for Project No. 1043 (Blackhawk Ponds — Street Improvements) and schedule a
public hearing (February 1, 2011)
-Pl�gQ. APPROVE plans and specifications and authorize advertisement for bids for Contract 11 -04 (Citywide
Sanitary Sewer Lining)
R. AUTHORIZE the application of a grant from the Metropolitan Regional Arts Council for a Community Arts
Grant
1 , S. APPROVE resolution accepting an in -kind donation from Anderson Race Management for the Women's
p Running Program and Eagan Run Walk N' Roll Event
1•� T. ACCEPT Design Nine Broadband report, authorize summarized recommendations, and approve resolution in
support of policy commitments
V. PUBLIC HEARINGS
T . A. PROJECT 1021 (Park Knoll Addition — Street Overlay)
(p B. PROJECT 1039 (Wilderness Ponds — Street Overlay)
C. PROJECT 1040 (Fairway Hills — Street Overlay)
D. PROJECT 1045 (Galaxie / Cliff Plaza — Street Overlay)
VI. OLD BUSINESS
VII. NEW BUSINESS
Vlll. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
T• 1 9JA. APPROVE resolution to support Cedar BRT Implementation Plan Update
B. Approve Comments on the Environmental Assessment for Proposed Improvements at Minneapolis -St.
19 131 Paul International Airport
IX. ECONOMIC DEVELOPMENT AUTHORITY
A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
1. Approve EDA Minutes
D. OLD BUSINESS
E. NEW BUSINESS
F. OTHER BUSINESS
1. Executive Session — Status of remaining property acquisitions in the Cedar Grove Redevelopment
District
G. ADJOURN
X. ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
4 0 � City of Eajan 1010
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 30, 2010
SUBJECT: AGENDA INFORMATION FOR JANUARY 4, 2011 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the January 4, 2011 City Council agenda, the following items are in
order for consideration.
Agenda Memo
January 4, 2010
City Council Meeting
RECOGNITIONS AND PRESENTATIONS
A. Oaths of Office — Mayor Maguire, Councilmember Bakken and Councilmember Hansen
The Oaths of Office will be administered to Mayor Maguire, Councilmember Bakken and
Councilmember Hansen by Deputy Clerk Mira Broyles.
0
Agenda Information Memo
January 4, 2011, Eagan City Council Meeting
Recognitions & Presentations
B. EAGAN TELEVISION NATIONAL AWARDS
ACTION TO BE CONSIDERED:
No action. Once awards are presented, Mayor may wish to leave the dais and join E -TV Studio
Supervisor Jeff Ongstad for a quick photo.
FACTS:
➢ On February 25, 2009, following eight months of planning and hard work, the City of
Eagan—in partnership with Thomson Reuters — opened the first public access studio
located on a corporate campus anywhere in the county.
➢ Eagan Television, or E -TV, as we call it, is a four - person, 2,500 square foot operation,
with a high capacity, 870 square foot studio.
➢ Last Spring, the unique public /private partnership won a Local Government Innovation
Award from the Humphrey Institute's Public and Nonprofit Leadership Center.
➢ Now E -TV has won two national awards for government programming.
➢ Here to make a brief explanation of the awards is Eagan Communications Director Tom
Garrison.
➢ He and Studio Supervisor Jeff Ongstad will present the awards to the City Council.
➢ Eagan won two first place Government Programming Awards from NATOA, the national
trade association for community television stations. (The acronym stands for the
National Association of Telecommunications Officers and Advisors.)
➢ One 1 s ' place award was for the Best Promotion of a City. Our 150 Anniversary/
Founder's Day historical reenactment video —won that category against some tough
national competition.
➢ The other winning video was in the category of event promos for our "Make Me a
Monster Contest Promo." We won first place in that category for middle market
community television stations.
ATTACHMENTS (None):
3
Agenda Information Memo
January 4, 2011 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 21, 2010 Regular City Council meeting and the minutes
of the December 14, 2010 Special City Council meeting as presented or modified.
ATTACHMENTS:
• Minutes of the December 7, 2010 Regular City Council meeting will be included in the
Additional Information Memo on Monday.
• Minutes of the December 14, 2010 Special City Council meeting are enclosed on pages
J — through 7 - -
el
MINUTES
SPECIAL CITY COUNCIL MEETING
TUESDAY, DECEMBER 14, 2010
5:30 P.M.
EAGAN ROOM — EAGAN MUNICIPAL CENTER
City Council members present: Mayor Maguire, Councilmembers Bakken, Fields,
Hansen and Tilley.
City Staff present: City Administrator Hedges, Assistant to the City Administrator
Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert,
Transportation and Operations Engineer Plath, Parks and Recreation Director Johnson,
Superintendent of Enterprise Operations Mesko, Superintendent of Parks Olson,
Communications Director Garrison, Communications Coordinator Foote, and Streets
Maintenance Supervision Schlegel.
I. ROLL CALL AND ADOPTION OF THE AGENDA
City Administrator Hedges offered to have Public Works Director Colbert provide an
update on the December 11 snow event.
Councilmember Hansen moved; Councilmember Fields seconded a motion to adopt the
agenda with the addition of an update on the 12/11/10 snow event.
Aye: 5; Nay: 0
II A. VISITORS TO BE HEARD
There were no visitors to be heard.
II B. 12/11/10 SNOW EVENT
City Administrator Hedges introduced the item, commenting on the City's effort to
remove the snow that resulted from the December 11 -12, 2010 blizzard. Public Works Director
Colbert, Transportation and Operations Engineer Plath, and Streets Maintenance Supervisor
Schlegel provided a summary of the efforts and impacts related to the blizzard. The Mayor
thanked all the staff members who worked over the weekend on behalf of the City Council.
Public Works Director Colbert requested that members of the public clear snow from fire
hydrants. City Administrator Hedges commented on the communication planned for the City's
website with regard to the snow removal efforts.
III. TECH WORKING GROUP RECOMMENDATIONS / CONSULTANT'S FINDINGS
City Administrator Hedges introduced the item noting that on November 9, 2010 the
Finance Committee met with staff and the City's broadband consultant, Dr. Andrew Cohill, of
Design Nine, to hear a briefing of the draft findings and recommended action steps regarding a
potential colocation facility in Eagan. Communications Director Garrison provided an overview
Js—
Special City Council Minutes
December 14, 2010
Page 2
of the recommended next steps for Eagan's broadband initiatives, including the potential
colocation facility in Eagan.
Dr. Andrew Cohill, who joined the meeting via Skype, provided a presentation to the
City Council, summarizing the recommendations of the Tech Working Group and the Finance
Committee.
Members of the Tech Working Group addressed the City Council and commented on the
need to move quickly in the area of broadband and the potential for a colocation facility in
Eagan.
Mayor Maguire summarized the Finance Committee's discussion and recommendations
to -date, including the pursuit of a colocation facility in Eagan and efforts to extend public
purpose City duct and fiber to businesses, parks and commercial areas over the next 3 to 5 years
to create an open access fiber ring connected to the colocation facility that could be used by any
carrier. Councilmember Bakken also commented on the Finance Committee's
recommendations.
The City Council discussed the proposed recommendations with Dr. Cohill, members of
the Tech Working Group, and City staff.
The City Council directed staff to proceed in preparing the necessary resolutions to take
action on the recommendations of the Finance Committee at a regular City Council meeting.
IV. 2011 -2015 PARKS CAPITAL IMPROVEMENT PROGRAM (CIP)
Mayor Maguire welcomed the members of the Advisory Parks and Recreation
Commission who were in attendance. City Administrator Hedges introduced the item noting that
one of the primary responsibilities of the APrC is the annual preparation and updating of the
departmental Capital Improvement Plan (CIP), which serves as a blueprint and planning guide
for park projects. Parks and Recreation Director Johnson introduced Laurie Halverson, Chair of
the Advisory Parks and Recreation Commission, and Mike Palmer, member of the APrC.
Superintendent of Parks Olson summarized the projects being proposed for 2011.
The City Council and members of the APrC discussed the CIP going forward, including
the issue of funding as the Park Site Fund is drawn down. The Council and the APrC members
also discussed the change in role of the APrC as development in the City decreases. Possible
projects for the APrC that were discussed included: 1.) an every other month meeting schedule;
2.) creating an art policy for City buildings; 3.) new ideas for Cascade Bay outreach and
marketing; 4.) continuing to connect with partner organizations; 5.) look at connecting with the
City Council in terms of their goal on volunteerism; and 6.) review the possibility of a dog park
in Eagan. The City Council requested that the future role of the APrC be added to a future City
Council workshop.
0
Special City Council Minutes
December 14, 2010
Page 3
The City Council discussed the proposed CIP projects. The Council requested to view
the research/study being completed for the improved transportation infrastructure in Central Park
before such improvements are made.
The City Council directed staff to proceed with the CIP as proposed on the December 21,
2010 Consent Agenda.
V. OTHER BUSINESS
There was no other business.
VI. ADJOURNMENT
Councilmember Tilley moved; Councilmember Bakken seconded a motion to adjourn the
meeting at 7:12 p.m.
VI. ADJOURNMENT
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Hiring of Engineering Intern
ACTION TO BE CONSIDERED:
Approve the hiring of Mark Danielson, Engineering Intern.
• Mark was an Engineering Intern during the summer of 2007 -2010 and will be interning
for 3 weeks over winter break.
r
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check register dated December 23, 2010 as presented.
ATTACHMENTS:
• Check register dated December 23, 2010 are enclosed without page number.
0
Agenda Memo
January 4, 2010
City Council Meeting
CONSENT AGENDA
D. APPROVE change in management on the Sports or Convention Facility License for
Holiday Inn, Burnsville
ACTION TO BE CONSIDERED:
Approve change in management on the Sports or Convention Facility License for Holiday Inn,
Burnsville.
FACTS:
• The caterer for the Eagan Community Center, previously Burnsville Development
Limited Partnership, dba Holiday Inn, is under new management, Blithe Hospitality,
LLC.
• Blithe Hospitality is applying for the renewal of the Sports or Convention Facility
License.
• Blithe Hospitality holds a current liquor license with the City of Burnsville.
• All requirements of the application have been met and is in order for approval.
ATTACHMENTS: None
1&19
Agenda Information Memo
January 4, 2011, Eagan City Council
E. APPROVE 2011 - 2015 GENERAL FACILITIES RENEWAL &
REPLACEMENT CIP & 2011 BUDGET
ACTION TO BE CONSIDERED:
To approve the 2011 - 2015 General Facilities Renewal & Replacement CIP &
2011 Budget (excluding the appropriation for relocation of the 150 KW
generator).
FACTS:
The General Facilities Renewal & Replacement Fund was created in
1999 for the purpose of providing resources for renewal and replacement
of general facilities; primarily non - enterprise fund infrastructure. Major
renewal and replacement items such as roofs, parking lot improvements,
and grounds enhancements are cyclical in nature and create budgeting
problems when inserted into the annual operating budgets.
• In 2010 the City Property Special Assessment Debt Service Fund was
closed into this fund. As a result, all assessments on City property are
now recorded in this fund and assessments on property not used in an
enterprise operation are now paid from resources of this fund.
• An annual allocation of the tax levy which began in 1999 at $100,000 has
been dedicated to the General Facilities Renewal and Replacement Fund
except for payable 2004 and 2009. For those two years the levy was
redirected to the General Fund to assist in enabling the City to finance the
operating budgets following budget cuts and constrained revenues
available for use in the General Fund resulting from various State actions.
• The allocation to this fund of the tax levy for payable 2011 is $283,042.
Management meetings have been held at which time staff from each
department had an opportunity to discuss their proposals and challenge
other department proposals to prioritize overall City needs. The attached
list of projects totaling $652,600 with $33,600 financed by Public Utilities,
$127,000 (street assessments) financed by the Public Safety Center
Construction Fund, and $492,000 financed by this fund was reached by
consensus.
• The proposed 2011 budget currently includes an appropriation of $21,000
for engineering work concerning the possible relocation of the 150 KW
generator located next to City Hall to the Maintenance Facility. The
generator is no longer used in its present location; however, the cost
benefit analysis of relocating it to the Maintenance Facility is not complete.
A staff recommendation will be brought back to the City Council before
this item becomes part of the approved 2011 budget.
• This CIP process will be further refined in the coming years resulting from
an effort to further coordinate maintenance across all City departments
and to develop better coordination with the annual operating budgets.
ATTACHMENTS:
• Attached on page J3 is a copy of the proposed 2011 General
Facilities Renewal & Replacement Budget.
• Attached on page K is a copy of the summary 2011 - 2015
General Facilities Renewal & Replacement CIP.
Attached on page 15 is a copy of the summary of the financial
status of the General Facilities Renewal & Replacement Fund.
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Agenda Information Memo
January 4, 2011 Eagan City Council
F. APPROVE 2011 - 2015 CIP PART II VEHICLES AND EQUIPMENT & 2011
BUDGET
ACTION TO BE CONSIDERED:
To approve Part II (Vehicles and Equipment) of the 2011 — 2015 Capital Improvement
Program (CIP) & 2011 Budget.
FACTS:
• The first year of this CIP (2011) is approved as a budget with the four out years
(2012 — 2015) being approved only as a general plan.
• For the most part, vehicles and equipment costing more than $10,000 are
budgeted in this section of the CIP with items costing less than $10,000
budgeted in departmental operating budgets.
The City Council has established a policy whereby each year an amount of the
property tax levy is allocated to the Equipment Revolving Fund (ERF) for items
that are not purchased for enterprise funds or for items that do not have other
dedicated funding sources. The allocation has been increased annually with the
2011 allocation being $1,031,127. A balance of $298,853 is being carried
forward from 2010 generating a total available balance of $1,329,980 for 2011
purchases.
Management meetings were held at which time staff from each department had
an opportunity to discuss their proposals and challenge other department
proposals resulting in a prioritized and overall efficient City capital equipment
needs list; the attached list of purchases totaling $1,146,000 from the ERF was
reached by consensus. The 2011 property tax allocation plus the 2010 carry
forward balance minus the proposed 2011 expenditures creates a carry forward
balance of $183,980 into 2012.
Staff has continued to develop options to maintain the balance between
revenues and expenditures in this fund. Given the significant cost of certain
vehicles and equipment, it has been necessary to address the revenue sources
for this fund. Additionally, certain equipment has been moved to future years
extending its useful life. Staff continues to maximize use of the City's resources
by stretching equipment and vehicle use through this process and to look at
creative ways to deliver City services effectively.
• The recently approved funding plan for Fire apparatus is one component of
proposed revisions to maintaining appropriate funding and the ability to replace
equipment as necessary.
• Vehicles proposed for purchase were evaluated through the use of the Vehicle
Acquisition, Use & Replacement Policy approved by the City Council in February
of 2005.
• The funding sources for the total 2011 Part II CIP allocation of $2,002,300
include $1,146,000 from the ERF, $155,300 from the City's Utility Funds,
$111,200 from Franchise Fees, $96,500 from PEG Fees, $450,000 from the Fire
Apparatus Replacement Fund, $8,200 From the Community Center Fund,
$23,200 from the Civic Arena Fund, and $11,900 from the Cascade Bay Fund.
Public Policy Considerations The proposed 2011 Budget has been prepared
incorporating the following two public policy considerations:
1. Winter Trail Maintenance Equipment
Included in the Streets section of the proposed 2011 Budget are appropriations for
purchase of a used articulating trackless trail plow ($25,000) and a snow blower
attachment for an existing skid steer ($8,000). These proposed purchases do not
contemplate a change in the service delivery; they provide opportunities to take
advantage of relatively short payback periods resulting from purchase rather than
continued rental.
• The City Council modified the Winter Trail Maintenance Policy on 9 -16 -08
eliminating contractual services and directing the program to be performed by in
house staff.
• In the summary provided by staff of how the new service delivery program would
be provided the need to rent a small skid steer was referenced.
• The proposed two small trail maintenance pieces of equipment are necessary to
plow our narrower sidewalks (4' -5') which represent approximately 15% (10+
miles) of our winter trail maintenance program.
The City rented the required piece of equipment for 2008 — 2009 snow season
(approximately $4,000). For the 2009 -2010 snow season, the City borrowed this
specialty piece of equipment from Burnsville at no cost (no longer available).
Current monthly rental cost for this small trail plow is approximately
$6,500 /month. This specialty piece of equipment is hard to find in the rental
market and the rental cost can vary wildly (e.g. cost was $3,200 /month last
season when several were available).
Cost of the new required piece of equipment is approximately $80,000. A used
piece of equipment with 10+ years of life left in it has been found for $25,000. At
this price, this piece of equipment comes with a snow blower, v -plow and straight
edge plow attachments. The City is currently renting this piece with an option to
buy applying the rent towards the $25,000 purchase price, if subsequently
approved. This implies a payback period of less than 4 months. There is $2,100
in the 2011 budget ( #22 — 6457) which will not be needed, if the purchase is
approved.
17
• A new snow blower attachment ($8,000) for our existing skid steer is needed for
larger snow fall accumulations (e.g. December 2009 and December 2010) and
will compliment the other small trackless unit proposed for purchase.
• An alternative to purchase or ongoing rental would be a further modification to
the Winter Trail Maintenance Program eliminating these narrow sidewalks (a
map of the specific sidewalks routes can be provided, if it would be helpful).
In the event any member of the City Council would like further discussion on this public
policy item, approval of the 2011 — 2015 Part II CIP should be pulled from the Consent
Agenda for separate discussion and action.
2. Purchase of Hybrid Vehicles The proposed 2011 Budget has been prepared with
the purchase of an additional hybrid vehicle to be placed in the Community
Development Department and used primarily as an inspection vehicle.
In 2010 the City Council authorized the purchase of two hybrid vehicles as a
method to develop comparable and meaningful cost data through incorporation
of that type of vehicle into the City's fleet. Two Ford Fusion hybrids were
purchased with one driven by the City's Utility Superintendent and the other by a
Police Investigator. A standard gas Fusion was also purchased in the Police
Department to provide additional data.
While no problems have been experienced with the hybrids to date, there really
is not enough data at this point to come to definitive conclusions about the
practicality of an expanded use of hybrids given the higher purchase price. The
cost of gas currently does not justify an economic decision to drive hybrids
exclusively. The estimated 2011 costs show about an $8,800 differential (more
for a hybrid vehicle) as compared to a standard gas vehicle.
• Since the type of this proposed 2011 vehicle and use are different, staff has
concluded that the purchase of a Ford Escape type hybrid to be used for
inspections would enhance the data collection and assist the City in making a
more informed decision about the incorporation of more hybrids into the City's
vehicle fleet.
Again, in the event any member of the City Council would like further discussion on
this public policy item, approval of the 2011 — 2015 Part II CIP should be pulled from
the Consent Agenda for separate discussion and action.
ATTACHMENTS:
• Attached on page lam_ is a copy of the summary of the equipment
proposed for 2011 CIP Part II purchase with the funding source for each item.
• Attached on page a D is a copy of the summary of the proposed 2011 —
2015 Part II CIP.
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Agenda Memo
January 4, 2011
Regular City Council Meeting
CONSENT AGENDA:
G. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER
PROJECT
ACTION TO BE CONSIDERED:
To APPROVE change orders for Fire Safety Center.
FACTS:
• The Council has previously authorized award of 26 contracts for the
construction of the Fire Safety Center project.
• We have had to make minor adjustments to the project as it proceeds, which
has resulted in the changes listed below.
• The City continues to purse reimbursement for several of these change orders
from our architectural firm due to errors /omissions /changes.
• City Staff and Bossardt Staff are recommending the following change orders
for an increase of $24,971. Even with these current changes, we have not
exceeded the contingency fund.
1. ASI -030 Adjust safety guardrail at Fire Station Three remodel per
building code - $1,127
2. PR -039 Provide gypsum board bulkhead- $2,514
3. PR -042 Delete lobby display case — ($2,179)
4. PR -043 Revise restroom 106 per building code - $1,461
5. PR -046 Changes to stairway C - $4,406
6. PR -047 Delete elevator hoist damper - ($196)
7. PR -049 Provide guardrail at generator enclosure - $4,496
8. PR -050 Paint ceiling and grid in room 213 - $1,451
9. PR -052 Provide steel lintel opening 122C - $2,317
10. PR -053 Relocate vent pipe for unit heater from patio to sidewall -
$278
11. RCO -033 Delete arches - $5,993
12. RCO -038 Relocate plumbing lines for bathroom 236 and 237 — ($30)
13. RCO -039 Provide erosion control blanket - $1,150
14. RCO -040 Install landscape rock- $82
15. RCO -044 Change MPC to colored cement — ($170)
16. RCO -045 Credit for hardware room 120 — ($70)
17. RCO -054 Add locks on four case cabinet doors - $121
18. RCO -057 Raise height of ceilings in public restrooms - $589
19. RCO -060 Fur out walls in room 262 and 259 - $874
Q1
20. RCO -063 Enclose columns in lower corridor- $1,257
21. RCO -064 Delete curb at A302 — ($500)
ATTACHMENTS:
None
Agenda Information Memo
January 4, 2011, Eagan City Council Meeting
CONSENT AGENDA:
H. Approve a Joint Powers Agreement with Dakota County to host a Closed Point Dispensing site
ACTION TO BE CONSIDERED:
Approving the Joint Powers Agreement (JPA) with Dakota County will allow Dakota County Public
Health to utilize City facilities to provide medications to Eagan's mission critical staff members and their
families in the event of a public health emergency.
FACTS:
• Closed Point Dispensing Site (defined): A Closed Point Dispensing Site is a location previously
identified by the City and Dakota County Public Health to facilitate the dispensing of medications
to City staff members who are deemed as Mission Critical to government operations during a
public health emergency. These sites are not open to the public.
• Mission Critical City staff members (defined): Include the Mayor and City Council along with all
City Staff members and their families. Seasonal employees are not included.
• Closed Points of Dispensing are intended to expedite the delivery of time sensitive
pharmaceuticals to Mission Critical staff in order to maintain essential government operations
during a large scale public health emergency.
• Through this agreement, Dakota County Public Health is seeking City participation in providing a
local Closed Point of Dispensing. All cities within the County are being asked to participate in a
closed point JPA.
• The closed point of dispensing will not be open to the public and will only operate for a specific
period of time.
• The identification of Mission Critical staff and Closed Points of Dispensing are Public Health
terms related to the Strategic National Stockpile (related to pharmaceuticals) program and a
federal readiness initiative.
• The role of the City in the agreement includes the notification of mission critical staff,
procurement /securing of pharmaceuticals, and providing a site for public health to conduct
dispensing.
• Dakota County Public Health staff will conduct the patient tracking, health screenings, and
pharmaceutical dispensing.
• City staff identified the Municipal Center (Eagan Room) as the primary dispensing site. The
Civic Arena would be an alternate site.
• The JPA has been reviewed by the City Attorney.
ATTACHMENT:
Joint Powers Agreement etween the City of Eagan and the County of Dakota for Closed Point of
Dispensing on page t40
November 2, 2010
JOINT POWERS AGREEMENT BETWEEN
THE CITY OF EAGAN AND THE COUNTY OF DAKOTA
FOR CLOSED POINT OF DISPENSING
THIS AGREEMENT is between the City of Eagan, through its city council, and the County of Dakota,
through its Board of Commissioners, which are empowered to enter into joint powers agreements
pursuant to Minn. Stat. §§ 471.59 and 12.331.
WHEREAS, the County of Dakota , acting as the Dakota County Board of Health, has the authority to
take actions to prevent and control communicable diseases as well as the general authority to develop an
integrated system of community health services in Dakota County; and
WHEREAS, in the event of a public health emergency, the Dakota County Board of Health, acting
though the Dakota County Public Health Department, will be responsible for dispensing medications
and /or vaccines to residents and visitors in Dakota County, including personnel of the City of Eagan
who have been designated by the local governmental units within Dakota County as mission critical; and
WHEREAS, the City of Eagan is capable of preparing for the operation and demobilization of a closed
point of dispensing as defined at Minn. Stat. § 144.4198, subd. 1; and
WHEREAS, the City of Eagan is interested in operating and demobilizing a closed point of dispensing
for its own mission critical staff and, when mutually agreed upon, mission critical staff of other local
governmental entities in Dakota County; and
WHEREAS, the County of Dakota will make available medications for dispensing at the City of
Eagan's closed point of dispensing and will provide screening and dispensing services at such closed
point of dispensing; and
WHEREAS, pursuant to Minn. Stat. § 144.4198, subd. 2(d), if the Commissioner of Health has
determined that a pandemic influenza, other life - threatening disease, or terrorist, accidental, or natural
event requires urgent treatment or prophylactic measures, the Commissioner may designate persons and
entities to expedite legend drug dispensing by means of closed point of dispensing; and
WHEREAS, the County of Dakota has a closed point of dispensing plan that has been approved by the
Commissioner.
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NOW THEREFORE, in consideration of the mutual promises, covenants, and consideration herein
contained, the undersigned governmental units agree as follows:
I. PURPOSE
The purpose of this joint powers agreement is to prepare for and jointly operate and demobilize a closed
point of dispensing within the City, for mission critical personnel of the City and of other local
governmental entities in Dakota County, if the Commissioner of Health has so authorized pursuant to a
declaration issued pursuant to Minn. Stat. § 144.4198, subd. 2.
II. DUTIES OF THE CITY OF EAGAN
A. The City agrees to prepare a closed point of dispensing plan and secure the approval in
writing of such plan by the Dakota County Public Health Department. If the City amends
its plan, such amendment will also be subject to approval in writing by the Dakota
County Health Department. Lack of an approved plan, or amendment thereto, excuses
the County from providing any services pursuant to this joint powers agreement.
B. If the Commissioner of Health issues a declaration pursuant to Minn. Stat. § 144.4198,
subd. 2, the City is not required to but may elect to operate a closed point of dispensing at
the Eagan Municipal Center or Civic Arena for mission critical personnel of the City and
mission critical personnel of other governmental entities in Dakota County of its
choosing, together with the household members of such mission critical personnel,
consistent with the provision of its approved closed point of dispensing plan. The
location shall be a climate - controlled, secure room.
C. Prior to operation of the closed point of dispensing, the City will advise the County of the
maximum potential number of mission critical personnel and their household members
who will be served at the closed point of dispensing, in order that an adequate supply of
medications and /or vaccines may be picked up by the City, upon activation of the plan.
D. Upon activation of its closed point of dispensing, the City shall be responsible for picking
up the medications and /or vaccines, together with the instructions for dispensing, from
the location designated by the County.
E. During the operation of the closed point of dispensing, the City shall provide staff to
support and assist the personnel supplied by the County.
F. Prior to and during the operation of a closed point of dispensing, the City will make and
distribute copies of forms and information sheets prepared by the Dakota County Public
Health Department to persons participating in the closed point of dispensing.
G. The City will not charge any monetary fee for medications or services provided at the
closed point of dispensing.
III. DUTIES OF THE COUNTY
A. The County shall provide training, in advance of any emergency, to City staff who will
function in key positions in the operation of the closed point of dispensing.
B. If the Commissioner has determined that a pandemic influenza, other life - threatening
disease, or terrorist, accidental or natural event requires urgent treatment or prophylactic
measures, within the meaning of Minn. Stat. § 144.4198, the County will provide
information to the City to relay to mission critical staff and their household members.
C. The County shall provide electronic and /or hard copy of all forms and information sheets
to be distributed prior to and during the operation of the closed point of dispensing.
D. The County shall dispense all medications at the City's closed point of dispensing. The
County shall be responsible for the disposition of any unused medications, upon
demobilization of the closed point of dispensing.
E. The County shall provide the City with the opportunity to participate in periodic
exercises to test plans for operation of closed dispensing sites.
F. The County shall maintain an accurate record of the number of medications dispensed
and all required documentation of individuals who received medications and make such
records available to the City as requested.
IV. GENERAL PROVISIONS
A. Data Practices. The City and the County, including their officers, agents, owners,
partners, employees, volunteers and subcontractors shall abide by the provisions of the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA),
the Health Insurance Portability and Accountability Act (HIPAA) and implementing
regulations, if applicable, and all other applicable state and federal laws, rules,
regulations and orders relating to data privacy or confidentiality, and as any of the same
may be amended. The terms of this section shall survive the cancellation or termination
of this joint powers agreement.
B. Indemnification
The total liability of the City and the County shall be governed by Minnesota Statutes,
Chapter 466, Minnesota Statutes, Section 47.59, other applicable law, both common and
statutory, and this Agreement.
Each party agrees that it will be responsible for the acts or omissions of its officials,
agents, and employees, and the results thereof, in carrying out the terms of this joint
powers agreement, to the extent authorized by law and shall not be responsible for the
acts /omissions of the other party and the results thereof. The liability of each party shall
be governed by applicable provisions of the Minnesota Tort Claims Act, Minnesota
Statutes Chapter 466, and other applicable state and federal laws, including common law.
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Each party agrees to defend, hold harmless, and indemnify the other party, their officials,
agents, and employees, from any liability, loss, or damages the other party may suffer or
incur as the result of demands, claims, judgments, or cost arising out of or caused by the
indemnifying party's negligence in the performance of its respective joint powers
agreement. This provision shall not be construed nor operate as a waiver of any
applicable limitation of liability, defenses, immunities, or exceptions by statute or
common law.
C. Withdrawal and Termination. Either the City or the County may withdraw from this joint
powers agreement upon thirty (30) days' written notice to the other. Upon the effective
date of the withdrawal, this joint powers agreement shall be terminated.
D. Disposition of Property and Funds In the event that this joint powers agreement is
terminated, any funds or surplus property acquired in connection with this joint powers
agreement shall remain with the party that contributed them.
E. Amendments This joint powers agreement may be amended from time to time by
agreement of the City and the County, as evidenced by resolutions adopted by their
governing bodies.
F. Records — Availability /Access Subject to the requirements of Minnesota Statutes
Section 16C.05, Subd. 5 (as may be amended), the City and the County, and any
contractor providing services, agrees that the other party, the State Auditor, the
Legislative Auditor or any of their duly authorized representatives, at any time during
normal business hours, and as often as they may reasonably deem necessary, shall have
access to and the right to examine, audit, excerpt, and transcribe any books, documents,
papers, records, etc., which are pertinent to and involve transactions relating to this
Agreement. Such materials shall be maintained and such access and rights shall be in
force and effect during the period of the joint powers agreement and for six (6) years after
its termination or cancellation.
G. Term This joint powers agreement shall remain in effect until December 31, 2015, or
until the City or the County withdraws pursuant to paragraph IV. C. of this agreement,
whichever occurs first.
H. Minnesota Law Governs The laws of the State of Minnesota shall govern all
interpretations of this joint powers agreement, and the appropriate venue and jurisdiction
for any litigation which may arise hereunder will be in and under those courts located
within the County of Dakota, State of Minnesota.
I. Assignment Neither the City nor the County may assign, delegate or transfer any rights
or obligations under this joint powers agreement.
J. Effective Date This joint powers agreement shall become effective upon approval by the
City and the County on the date of approval by the later of the two.
K. Recitals All recitals contained in this joint powers agreement shall be incorporated into
and made a part of this joint powers agreement.
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L. No Third Party Beneficiary This joint powers agreement is made solely and specifically
between and for the benefit of the City and the County, and their successors and assigns,
and no other person or entity shall have any rights, interest or claim under it or be entitled
to any benefits to or on account of this agreement, whether as a third party beneficiary or
otherwise.
M. Notices All notices and communications required by this joint powers agreement shall
be given in writing, as follows:
To County of Dakota:
Dakota County Public Health Division
1 Mendota Road
Suite 410
West St. Paul, MN 55118 -4771
To the City of Eagan:
Police Department
Support Services Manager
3830 Pilot Knob Road
Eagan, MN 55122
APPROVED AS TO FORM:
Assistant County Attorney /Date
County Attorney File No. K -10 -255
Approved by County
County Board Res. No.
COUNTY OF DAKOTA
By:_
Title:
Date:
Attest:
Name:
Date:
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APPROVED AS TO FORM:
CITY OF EAGAN
By:
City Attorney /Date Title:
Date:
Attest:
Name:
Date:
a�'
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
L DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Direct staff to prepare an ordinance amendment to City Code Chapter 10, relative to
Property Maintenance regulations.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ Chapter 10 of the Eagan City Code sets forth property maintenance regulations. The
intention of this code section is to promote on -going maintenance for the purpose of
preserving the value of the City's neighborhoods and business areas.
➢ In reviewing responses to certain code enforcement efforts, it has been determined
that tweaking the maintenance language is necessary to avoid an unintended
consequence found with the strict application of the existing language.
➢ As an amendment to Chapter 10, a Public Hearing before the APC is not necessary
before the item comes back before the City Council.
ATTACHMENTS: None
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
J. DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Direct staff to prepare an ordinance amendment to the City Code relative to transient
merchants and mobile vendors.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ Within the past year, the City has received a couple of inquiries by individuals
wishing to set up food vending carts within City Parks.
➢ In researching the vending cart requests, staff and City Attorney identified
inconsistencies or contradictions in the City Code regarding transient merchant
regulations and general regulations regarding public rights -of -way or properties.
➢ The City Attorney suggests that the City Code be reviewed to fully consider the
interplay of these different code sections, and that amendments to the City Code be
pursued to clearly address the operation of such mobile vendors.
ATTACHMENTS: None
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Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
K. DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Direct staff to prepare an ordinance amendment to City Code Chapter I I relative to
outdoor patio dining.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ Businesses throughout the community continue to look toward outdoor dining to
expand and /or enhance their existing dining facilities.
➢ Currently, the Eagan City Code does not address outdoor dining as a permitted,
conditional or accessory use; although Planned Developments have included or have
been amended to allow such use.
➢ Staff surveyed a number of metro cities regarding this type of accessory use. In
most cases a Conditional Use Permit is required. Staff will work to establish
reasonable criteria for such uses.
ATTACHMENTS: None
3a
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
L. DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Direct staff to prepare an ordinance amendment to City Code Chapter 11 relative to
banquet halls in the Park (P) Zoning District.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The P, Park, zoning designation applies to public and private park uses and related
facilities including golf courses, parks and public structures.
➢ The Lost Spur and Parkview Golf Courses, as well as the City's Central Park
facility, all operate banquet halls within the P zoning district. However, the P zoning
district does not explicitly identify banquet halls as a permissible use within the P
zoning district.
➢ The ordinance amendment would clarify the status of these existing facilities by
adding banquet halls to the permissible uses within the Park zoning district.
ATTACHMENTS: None
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
M. CONTRACT 10 -21, TRAPP FARM PARK INFILTRATION BASIN &
SEDIMENT REMOVAL - WATER QUALITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. I to Contract 10 -21 (Trapp
Farm Park Infiltration Basin and Sediment Removal — Water Quality Improvements) and
authorize the Mayor and Deputy City Clerk to execute all related documents.
FACTS:
• Contract 10 -21 provides for the construction of a two cell infiltration basin as part of an
existing storm sewer discharge line, as well as removal of sediment from Schwan Lake, all
within Trapp Farm Park, north of Wilderness Run Road and west of Dodd Road, as
programmed for 2010 in the City's 5 -Year Capital Improvement Program (2010- 2014).
• On October 5, 2010, the City Council awarded the bid for Contract 10 -21 for these water
quality improvements to Stocker Excavating, Inc.
• As noted, the improvements included as part of Contract 10 -21 enhanced an existing portion
of the storm sewer system. While inspecting the construction of the improvements, staff
identified deficiencies in existing structures upstream and downstream of the point where the
connection to the existing storm sewer was being constructed. These deficiencies could
compromise the integrity of the new improvements prior to full establishment of the
vegetation.
• During the specified removal of the sediment from Schwanz Lake, City staff recognized that
the as -built storm sewer did not meet current engineering standards and that separation of
existing pipe segments was occurring.
• Change Order #1 provides for two items:
o Sealing/mortaring the pipe connections within the existing structures. The sealing of
existing voids where the storm sewer connects to the manhole structures upstream and
downstream of the new off -line discharge to the infiltration basin will end the inflow and
infiltration of surface /ground water at these structures. This will end an erosion issue that
could impact the infiltration basin improvements prior to establishment of the vegetation.
(ADD $576.00).
o Re- setting the flared -end outlet at Schwanz Lake and adding rip -rap. The removal
of two sections of existing storm sewer pipe extending into Schwanz Lake with the
placement of rip -rap at the revised outlet and tying of pipe sections together would
provide a more standard engineering design. (ADD $664.00)
• Change Order #1 provides for a total ADD of $1,240.00 (4.04% of original contract). The
cost of the additional work will be the responsibility of the City's Storm Sewer Trunk Fund.
• This change order has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
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Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
N. PROJECT 1041, HILLS OF STONEBRIDGE
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project
1041, (Hills of Stonebridge - Street Improvements) and schedule a public hearing to be
held on February 1, 2011.
FACTS:
• On June 1, 2010 the City Council directed staff to prepare a feasibility report
considering the street rehabilitation of the streets within the Hills of Stonebridge
neighborhood in east - central Eagan.
• A structural mill and overlay of these streets is programmed for 2011 in the City of
Eagan's 5 -Year CIP (2011- 2015).
• 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, February
1, 2011.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
O. PROJECT 1042, BRIDLE RIDGE 0 ADDITION
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project
1042, (Bridle Ridge 1 St Addition - Street Improvements) and schedule a public hearing to
be held on February 1, 2011.
FACTS:
• On June 1, 2010 the City Council directed staff to prepare a feasibility report
considering the street rehabilitation of the streets within the Bridle Ridge 1 St Addition
neighborhood in east - central Eagan.
• A structural mill and overlay of these streets is programmed for 2011 in the City of
Eagan's 5 -Year CIP (2011- 2015).
• 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, February
1, 2011.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
P. PROJECT 1043, BLACKHAWK POND ADDITION
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project
1043, ( Blackhawk Pond Addition - Street Improvements) and schedule a public hearing
to be held on February 1, 2011.
FACTS:
• On June 1, 2010 the City Council directed staff to prepare a feasibility report
considering the street rehabilitation of the streets within the Blackhawk Pond
Addition neighborhood in east - central Eagan.
• Structural improvement of these streets is programmed for 2011 in the City of
Eagan's 5 -Year CIP (2011 - 2015).
• 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, February
1, 2011.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
;S7
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
Q. CONTRACT 11-04,2011 CITY -WIDE SANITARY SEWER LINING
ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 11 -04
(2011 City -wide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be
held at 11:00 a.m. on Thursday, March 3, 2011, at the Utility Building, located at 3419
Coachman Point, Eagan MN 55122.
FACTS:
• The rehabilitation of public sanitary sewer through lining improvements of about 6,000 linear
feet of existing pipe in various areas within the City was included as part of the Council
approved Sanitary Sewer Operations and Facilities portion of the 2011 -2015 Capital
Improvement Program (CIP) as well as the 2011 operating budget.
• All of the construction activity for said improvements has been designed to occur within
existing public right -of -way or easements.
• The plans and specifications have been completed and are being presented to the City
Council for their approval and authorization of the advertisement for bids.
• All bid advertisement notices will be published in the legal newspaper informing contractors
of the bid.
ATTACHMENTS:
• Location Map, page
W1403
. 2011 Sewer Lining _ _ i City Boundary
d! Water Bodies
tM
Parks
J
City of Eagan
Dept. of Public Works
n Created: December 2010
" k Map for lnformatbnal purposes only.
l\ USERS \PUBWORKS\Projects \Utilities\ Cit of Ea an
Sanitary_ Sewer \Sanitary_MaiM12009CIPUNng8xl l Portrah.mxd
Agenda Memo
January 4, 2011 City Council Meeting
R. 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,
Harvest of Art exhibit, hands on art activities, entertainment and refreshments.
■ Art classes for Dakota Woodlands adult residents and families in transition into
permanent housing.
■ Continue branding and marketing efforts of the "Art... Be a Part" campaign. This is
intended to encourage the community to participate in various art activities in the
community over the summer.
• The grant submission deadline is January 10, 2011.
ISSUES:
• None
Agenda Memo
January 4, 2011 Regular City Council Meeting
S. APPROVE resolution to accept an in -kind donation from Anderson Race
Management for the Women's Running Program and Eagan Run Walk
N'Roll Event.
ACTION TO BE CONSIDERED:
Adopt a resolution to accept an in -kind donation from Anderson Race Management for
the Women's Running Program and Eagan Run Walk N'Roll Community event.
FACTS:
Mary Anderson of Anderson Race Management has expressed an interest in
partnering with several programs and events scheduled through Parks and
Recreation in 2011.
• The programs targeted for this in -kind donation are the spring /summer /fall 2011
beginners and advanced women's running program as well as the Eagan Run
Walk N'Roll Community event being scheduled at Central Park in spring 2011.
• Anderson Race Management will be donating technical running shirts, mock
training race for running class participants and bags /running items for an
estimated in -kind value of $2,500.
ATTACHMENTS:
Copy of Resolution on Page
41
CITY OF EAGAN
RESOLUTION
TO ACCEPT AN IN-KIND DONATION FROM
ANDERSON RACE MANAGMENT
WHEREAS, Eagan Parks and Recreation offers several community wide programs and
events during the year that offer volunteer and partnership opportunities; and
WHEREAS, Mary Anderson of Anderson Race Management has expressed an interest in
partnering with Eagan Parks and Recreation for specific programs and events during 2011; and
WHEREAS, the programs targeted by Anderson Race Management are the
spring/summer /fall 2011 beginners and advanced women's running program as well as the Eagan
Run Walk N'Roll community event scheduled for Spring 2011 in Central Park; and
WHEREAS, Anderson Race Management is requesting to donate technical running
shirts, mock training race for running class participants and bags /running items for an estimated
in -kind value of $2,500;
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby
accept the donation from Anderson Race Management for the Women's Running Program and
Eagan Run Walk N' Roll community event scheduled during 2011.
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
Deputy City Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
I, Mira Broyles, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 0' day
of January, 2011.
Deputy City Clerk
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Agenda Information Memo
January4, 2011, Eagan City Council Meeting
T. ACCEPT DESIGN NINE BROADBAND REPORT, AUTHORIZE SUMMARIZED
RECOMMENDATIONS, AND APPROVE RESOLUTION IN SUPPORT OF
POLICY COMMITMENTS
To accept the final report from Design Nine and approve the resolution in support of the City
Council's policy commitments and authorize staff to begin pursuit of the broadband
recommendations summarized at the December 14, 2010, Special City Council meeting.
FACTS:
➢ On December 14, 2010 the Eagan City Council in work session endorsed the
recommended next steps for Eagan's broadband initiatives and gave direction to bring the
matter back to a future City Council consent agenda for ratification.
The City Council also heard a summary from its broadband consultant, Dr. Andrew
Cohill, of Design Nine of its 2010 report and key recommendations, including pursuit of
a colocation/data center facility in Eagan and extending City fiber and duct and making
capacity available on an open access basis.
➢ The Council also heard endorsement of the recommendations from Eagan Technology
Working Group members and the Eagan Finance Committee members, who had met
previously to review the draft report and recommendations.
➢ The recommendations and resolution are in furtherance of the City Council's 2009/2010
adopted goal of "ensuring the economic competiveness of Eagan's business and
residential communities in the local marketplace by anticipating and addressing the
evolving bandwidth, capacity and speed needs" in Eagan.
ATTACHMENTS (2):
Final Report, attached without a e number
Resolution #2011 , pag�
CITY OF EAGAN
RESOLUTION NO. 2011-
EXPRESSING SUPPORT FOR
AN EAGAN COLOCATION FACILITY
AND OPEN ACCESS FIBER
WHEREAS, the businesses of Eagan, large and small, have, over the past three
years, indicated to the City that their ability to create jobs, to retain existing jobs, and to
compete in the global economy is heavily dependent on access to high performance,
competitively priced broadband services and a colocation facility located in Eagan; and
WHEREAS, Eagan businesses contacted by City and the Dakota County
Regional Chamber of Commerce also indicated unmet broadband business needs and
concern over the high cost of telecommunications and broadband services in the City and
that such costs inhibit their ability to create and retain jobs and expand their businesses;
and
WHEREAS, the Eagan Technology Working Group has met regularly for more
than four years to identify ways to make Eagan businesses more competitive in the local
economy and has recommended that the City take all possible steps to encourage the
construction of a colocation facility /data center in Eagan; and
WHEREAS, colocation owners and operators have consistently indicated to the
City that open access and commercial use of City -owned fiber infrastructure would be a
significant business location factor for the construction of a colocation facility /data center
in Eagan; and
WHEREAS, there is a shortage of highly specialized data center space in the
Twin Cities metropolitan area, and specifically outside downtown Minneapolis or St.
Paul; and
WHEREAS, the Eagan City Council, and its Finance Committee have previously
met, reviewed, and endorsed the key strategies for these improvements to occur or be
attracted to occur in Eagan without delay; and
WHEREAS, the Eagan City Council recognizes that achieving its goals will
require the commitment of financial resources to achieve its objectives,
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, finds that the placement and construction of a colocation facility /data
center, and the installation and extension of City -owned fiber infrastructure, are in the
public interest and necessity as critical infrastructure, so that we hereby encourage those
prudent measures which come before us to make such facilities and connections occur,
forthwith.
0
ADOPTED this 4th day of January, 2011.
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Deputy Clerk
Motion by:
Seconded by:
Those in Favor:
Those Against:
Date: , 2011
CERTIFICATION
I, Mira Broyles, Deputy City Clerk of the City of Eagan, Dakota County,
Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted
by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular
meeting thereof assembled this 4th day of January, 2011.
Mira Broyles, Deputy City Clerk
1�6-
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
A. PROJECT 1021, PARK KNOLL ADDITION
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Project 1021, Park Knoll Addition (Street
Improvements) as presented and authorize the preparation of detailed plans and
specifications.
FACTS:
• Since 1990, the City has implemented a comprehensive Pavement Management
Program that provides timely pavement rehabilitation to our local streets, significantly
extending their overall life expectancy. During these past 21 years, the City has
rehabilitated approximately 161 miles of local streets.
• The resurfacing of the 0.15 mile of Park Knoll Drive within the Park Knoll
neighborhood in southeast Eagan has been programmed for 2011 in the City's 5 -Year
Capital Improvement Program.
• On June 1, 2010 the City Council directed staff to prepare a feasibility report
considering a rehabilitation of this street.
• On December 7, 2010, the feasibility report for Project 1021 was presented to the City
Council and a Public Hearing was scheduled for January 4 to formally present and
discuss the report with the adjacent property owners.
• An informational neighborhood meeting was held on December 28 for the adjacent
property owners to discuss the proposed improvements. Of the 15 total properties (all
single - family homes) proposed to be assessed under this improvement, no one
attended the meeting.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this public hearing.
ATTACHMENTS:
• Feasibility Report, pages through
0
C ity of a an
Mike Maguire
Mayor
December 29, 2010
Paul Bakken Honorable Mayor and City Council
Cyndee Fields City of Eagan
Gary Hansen 3830 Pilot Knob Road
Meg Tilley Eagan, MN 55122
Council Members
Thomas Hedges
City Administrator
Re:
Dear Mayor and City Council:
Attached is our report for the Park Knoll Addition Street Revitalization, City Project No.
1021. The report presents and discusses the proposed improvements and includes a cost
estimate, preliminary assessment roll and schedule.
Park Knoll Addition Street Revitalization
City Project No. 1021
Municipal Center ! We would be pleased to meet with the City Council at your convenience to review and
3830 Pilot Knob Road discuss the contents of this report.
Eagan, MN 55122 -1810
651.675.5000 phone Sincerely,
i
651.675.5012 fax
651.454.8535 TDD 1�
John P. Gorder
Assistant City Engineer
Maintenance Facility I hereby certify that this report was prepared by me or
3501 Coachman Point under my direct supervision and that I am a duly
Eagan MN 55122 Licensed Professional Engineer under the laws of the
651.675.5300 phone State of Minnesota.
651.675.5360 fax
651.454.8535 TDD
John P. Gorder
Date: 12 "Z`� /O Reg. No. 22813
www.cityofeagan.com Re i wed By,
Dept. of Public Works Date: ( L- 2 - 1
Reviewed By
The Lone Oak Tree ' �"
Fin Dept.
The symbol of Date:
strength and growth
in our community.
TABLE OF CONTENTS
Page
Introduction /History .................................................................... ............................... 1
Scope........................................................................................... ............................... 2
Feasibility and Recommendations ................................................ ............................... 2
StreetEvaluation .......................................................................... ............................... 3
Proposed Improvements .............................................................. ............................... 3
Easements /Permits ...................................................................... ............................... 4
CostEstimate ............................................................................... ............................... 5
AreaTo Be Included ..................................................................... ............................... 5
Assessments................................................................................ ............................... 5
Assessment Financing Options ..................................................... ............................... 6
RevenueSource ........................................................................... ............................... 6
ProjectSchedule .......................................................................... ............................... 6
LIST OF APPENDICES
Appendix A
Preliminary Cost Estimate
Appendix B
Preliminary Assessment Roll
Appendix C
Figures - 1 Location Map
- 2 Street Improvement /Assessment Area Map
- 3 Typical Section — Mill & Overlay
IN
December 2010
Neighborhood Street Revitalization
Park Knoll Addition (Park Knoll Drive)
Eagan, Minnesota
Introduction/ History
Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates
streets within the community throughout their life cycle and implements appropriate
maintenance strategies. In 1989, a Pavement Management System (PMS) was developed
that allowed the City to evaluate the condition of the existing pavement surface for all the
streets on a routine basis and schedule timely maintenance. A Five Year Capital
Improvement Program (CIP) for street rehabilitation is developed from this information.
The nearly 0.15 mile of Park Knoll Drive in south - central Eagan is identified for the 2011
street revitalization improvements. Figure 1, located in Appendix C, illustrates the project
location. The street in this residential neighborhood was constructed in 1987.
Based on the data and engineering strategies available at this time, the City's current PMP
incorporates local and ongoing maintenance strategies with seal coating occurring as
needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at
approximately 20+ years. Overlaying the roadway located within the project area, which is
presently at the 20 -25 year time frame, will prevent further decay of the pavement surface,
thus protecting and extending the structural life of the streets.
Timely maintenance work, such as bituminous patching, crack sealing and seal coating have
occurred at appropriate intervals during the life of the pavement in the area. The City of
Eagan's maintenance records indicate that these streets were seal coated in 1992 and
2002.
The Public Works maintenance program typically includes extensive patching and crack
sealing during the summer prior to the overlay. The Public Works crews, as part of the
Park Knoll Addition
1
Preparatory Pavement Management Plan, removed and replaced deteriorated pavement
areas and placed leveling and maintenance overlays on portions of the streets under
consideration, where necessary. These repairs alone will not substantially extend the life
expectancy of the street section if not combined with the bituminous overlay proposed
with this project.
The Public Works Department has also inspected the utility infrastructure (sanitary sewer,
water main, and storm sewer) in the project area and determined the system is in good
working order and that no major repairs are necessary.
Scope
This project will provide resurfacing (edge mill and overlay) for approximately 0.15 mile of
Park Knoll Drive. Figure 2 in Appendix C, illustrates the project limits.
Included in this project are the following improvements; replacement of damaged curb and
gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water
gate valves, and street signage.
Feasibility and Recommendations
The mill and overlay project is necessary to maintain and enhance the structural integrity
of the pavement section, create a safer driving surface, and increase rideability.
The project is cost effective in that the proposed improvement (resurfacing) is considerably
less expensive than complete reconstruction of this street.
The mill and overlay is feasible in that this type of improvement has been used successfully
to extend the life expectancy of numerous other streets throughout the City and the
region.
This project is in accordance with the Five Year Capital Improvement Plan (2011 — 2015) for
the City of Eagan and the schedule as outlined in the Pavement Management Program. It is
recommended that the project be constructed as proposed in this report in combination
with other similar projects in the area.
Park Knoll Addition
a] 2
Street Evaluation
The City of Eagan's Pavement Management System allows the City to evaluate the
condition of the existing street surface to help schedule timely maintenance and
improvements. The Pavement Condition Index (PCI) ranks the surface condition for each
street. The general categories that define PCI rankings are as follows:
PCI
Recommended Improvement
56-100
Routine Maintenance /Crack Seal /Seal Coat
36-55
Patch /Repair and /or Overlay
0-35
Reconstruct/ Reclaim
The 2010 PCI ranking for Park Knoll Drive has a weighted average pavement condition
rating of 44, which falls in the rankings of the "Patch /Repair and /or Overlay" category, as
mentioned above. The street pavement has reached an age where, based on the City's past
experience, the integrity of the pavement can rapidly decline if no improvements are
performed. Therefore, the 2011 construction season is the optimal time to construct the
bituminous overlay on this street. Any delay of the project may reduce the structural
benefit to the street sections and require full reconstruction.
Proposed Improvements
Pavement - The proposed street improvements
for Park Knoll Addition (Park Knoll Drive) are
shown in Figure 3. The existing street section
for this 32 -feet wide roadway consists of 3"
bituminous pavement supported by 6" gravel
base. The existing bituminous surface will be
milled adjacent to the existing curb and gutter
(6' -8' wide) to accommodate a 1% -inch
bituminous overlay. The overlay, combined with the existing street section, will provide a
street section consistent with current City standards for residential streets. The
combination of patching and overlay will not eliminate cracking due to the temperature
extremes experienced in Minnesota. Bituminous overlays will show some continued frost
Park Knoll Addition
3
movements and reflective cracking consistent with the underlying pavement. Routine
maintenance will still need to continue under the City's Pavement Management Program.
Concrete Curb & Gutter - Damaged curb & gutter will be replaced if severely cracked,
spalled, or settled. It is estimated that
approximately 6% of the existing
concrete curb and gutter will have to be
replaced. Boulevard turf will be removed
and replaced. While the contractor who
performs the work is responsible for its
establishment in the first 30 days after
placement, adjacent property owners
are encouraged to consistently water the new turf, where possible, to help ensure its
growth.
Signage - All traffic control and street identification signage within the project limits will be
replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts
no longer meeting City and State standards.
Easement /Permits
All work will be in the public right -of -way. No additional easements will be necessary. It is
anticipated that no permits will be required for the resurfacing project.
Park Knoll Addition
S3 4
Cost Estimate
Detailed cost estimates are located in Appendix A. The estimates are based on anticipated
2011 construction costs and include a 5% contingency and indirect cost of 30 %, which
include legal, administration, engineering, and bond. interest. A summary of the costs is as
follows:
Park Knoll Addition
• Mill/ Overlay w/ signage ........................ ............................... $ 28,200
• Repair Existing Concrete Curb & Gutter . ............................... $6,800
Total............................................ ............................... $ 35,000
Area To Be Included
Properties included in the project lie within the SE %, Section 26, lying North of Cliff Road,
South of Diffley Road, and East of Lexington Avenue, in Township 27, Range 23, in the City
of Eagan, Dakota County, Minnesota.
Assessments
Assessments are proposed to be levied against the benefited properties for the total
improvement with costs allocated in accordance with the City of Eagan's Special
Assessment Policy for a mill and overlay improvement for residential streets. All
assessments will be revised based on final costs. A preliminary assessment roll is included
in Appendix B.
City Special Assessment Policy
Assessment Ratio
Property City
Mill & Overlay— Residential 50% 50%
Repair Existing Concrete Curb & Gutter 0% 100%
Residential Lots — Street Revitalization Improvements (Park Knoll Addition)
All residential lots (15 total single - family residential lots), as shown on Figure 2, having
driveway access on to the street to be improved, are proposed to be assessed. The City's
Assessment Policy states that 50% of the mill and overlay costs are assessable for local
residential streets, based on a standard 32 -foot width. The estimated cost per single - family
lot to be assessed based on the City Assessment Policy is $940 /lot and is calculated as
follows:
Park Knoll Addition
��- 5
50% x
$28,200 (Overlay and Signage Cost)
15 (Residential Lots)
$940
Residential Lot
Assessment Financing Options
The property owner will have the option at the time of the assessment hearing to pay the
full assessment or include the assessment in with their property tax statement. If the
assessment is included with the property tax statement, the assessment will be spread
over five years with the interest determined by the results of the bond sale used to finance
the improvements. The following payment schedule is an example of the estimated $940
assessment with an estimated 5.0% interest for the assessed amounts:
Single Family Residential Lot = $940
P rincipal Per Year Interest Per Year Cost Per Year
First Year
_ - - - - -- - - _ $188 i $47 $235
Fifth Year $188 $ 9 $197
Revenue Source
A summary of revenue sources is listed below:
The City's Major Street Fund will finance the estimated project deficit of $20,900 (60% of
total).
Proiect Schedule
Present Feasibility Report to City Council/
Order Public Hearing ................................................ ............................... December 7, 2010
Informational Meeting ............................................ ............................... December 28, 2010
PublicHearing ............................................................... ............................... January 4, 2011
Approve Plans and Specifications .................................. ............................... February, 2011
AwardContract .................................................................. ............................... March, 2011
ProjectCompletion ........................................................... ............................... August, 2011
Final Cost Report .................................... ............................... .....................September, 2011
Final Assessment Hearing ...................................................... ............................... Fall, 2011
First Payment Due with Property Tax Statement ................ ............................May 15, 2012
Park Knoll Addition
SS-6
Project
Cost
Property
Assessment
City
Contribution
Mill and Overlay (Including Signage)
$ 28,200
$ 14,100
$ 14,100
Repair Existing Curb
$6,80 0
0
6 800
Totals
$ 35,000
$ 14,100
$ 20,900
The City's Major Street Fund will finance the estimated project deficit of $20,900 (60% of
total).
Proiect Schedule
Present Feasibility Report to City Council/
Order Public Hearing ................................................ ............................... December 7, 2010
Informational Meeting ............................................ ............................... December 28, 2010
PublicHearing ............................................................... ............................... January 4, 2011
Approve Plans and Specifications .................................. ............................... February, 2011
AwardContract .................................................................. ............................... March, 2011
ProjectCompletion ........................................................... ............................... August, 2011
Final Cost Report .................................... ............................... .....................September, 2011
Final Assessment Hearing ...................................................... ............................... Fall, 2011
First Payment Due with Property Tax Statement ................ ............................May 15, 2012
Park Knoll Addition
SS-6
Appendix A
Park Knoll Addition Street Improvements
City Project 1021
Part I - Bituminous Street Overlay $ 28,181
Est
Est
Unit
Unit
Estimated
Item No.
I Item
Qty
Unit
Qty
Price
Part II - Repair Existing Curb & Gutter
Cost
Part I - Bituminous Street Overlay
2104.501
Remove Concrete Curb & Gutter
2021.501 Mobilization
LS
1
$
5,000.00
$
5,000
2232.501 Mill Bituminous Pavement (11/4" depth)
SY
970
$
0.65
$
631
2350.501 Type LVWE45030B Wearing Course Mixture
TON
210
$
55.00
$
11,550
2357.502 Bituminous Material for Tack Coat
GAL
140
$
4.00
$
560
2504.602 Adjust Frame and Ring Casting (Manhole)
EA
1
$
400.00
$
400
2504.602 Adjust Manhole Casting - Riser Adjustment
EA
3
$
185.00
$
555
SP -1 Signage Remove & Replace
LS
1
$
950.00
$
950
2563.601 Traffic Control
LS
1
$
1,000.00
$
1,000
Subtotal
90
$
15.00
$
$
20,646
5% Contingency
EA
1
$
170.00
$
1,032
Subtotal
Sodding, Type Lawn (Highland)
SY
30
$
$
21,678
30% Indirect Costs
2575.551
Compost /Topsoil Mixture
TON
5
$
6,503
Part I - Bituminous Street Overlay $ 28,181
Subtotal $ 4,978
5% Contingency $ 249
Subtotal $ 5,227
30% Indirect Costs $ 1,568
Part II - Repair Existing Curb & Gutter $ 6,795
Part I - Bituminous Street Overlay $ 28,181
Part II - Repair Existing Curb & Gutter $ 6,795
Project Total Cost $ 34,976
SC1
Est
Unit
Estimated
Item No.
I Item
Unit
Qty
Price
Cost
Part II - Repair Existing Curb & Gutter
2104.501
Remove Concrete Curb & Gutter
LF
90
$
6.00
$
540
2211.501
Aggregate Base, Cl. 5 (100% Crushed)
TON
10
$
15.00
$
150
2350.505
Type LVWE45030B Wear Course - Street Patch
TON
8
$
100.00
$
800
2504.602
Repair Residential Sprinkler Head
EA
2
$
100.00
$
200
2504.602
Repair Sprinkler System
EA
1
$
250.00
$
250
2506.602
Adjust Frame & Ring Casting (CB)
EA
4
$
250.00
$
1,000
2506.602
Install 2 x 3 CB Erosion Barrier Shroud
EA
2
$
100.00
$
200
2531.501
Concrete Curb & Gutter D412
LF
90
$
15.00
$
1,350
2540.602
Repair Residential Landscaping
EA
1
$
170.00
$
170
2575.505
Sodding, Type Lawn (Highland)
SY
30
$
7.00
$
210
2575.551
Compost /Topsoil Mixture
TON
5
$
20.00
$
108
Subtotal $ 4,978
5% Contingency $ 249
Subtotal $ 5,227
30% Indirect Costs $ 1,568
Part II - Repair Existing Curb & Gutter $ 6,795
Part I - Bituminous Street Overlay $ 28,181
Part II - Repair Existing Curb & Gutter $ 6,795
Project Total Cost $ 34,976
SC1
Appendix B
Preliminary Assessment Roll
City Project 1021 Park Knoll Addition
Park Knoll Drive
R -1 Residential
P.I.N.
Lot Equivalent
Unit Assessment
Total
915 PARK KNOLL DRIVE
10- 56725 - 010 -01
1
$ 940
$ 940
914 PARK KNOLL DRIVE
10- 56725 - 010 -02
1
$ 940
$ 940
911 PARK KNOLL DRIVE
10- 56725 - 020 -01
1
$ 940
$ 940
900 PARK KNOLL DRIVE
10- 56725- 020 -02
1
$ 940
$ 940
907 PARK KNOLL DRIVE
10- 56725 - 030 -01
1
$ 940
$ 940
890 PARK KNOLL DRIVE
10- 56725- 030 -02
1
$ 940
$ 940
903 PARK KNOLL DRIVE
10- 56725 - 040 -01
1
$ 940
$ 940
874 PARK KNOLL DRIVE
10- 56725- 040 -02
1
$ 940
$ 940
899 PARK KNOLL DRIVE
10- 56725 - 050 -01
1
$ 940
$ 940
895 PARK KNOLL DRIVE
10- 56725 - 060 -01
1
$ 940
$ 940
891 PARK KNOLL DRIVE
10- 56725 - 070 -01
1
$ 940
$ 940
887 PARK KNOLL DRIVE
10- 56725 - 080 -01
1
$ 940
$ 940
883 PARK KNOLL DRIVE
10- 56725 - 090 -01
1
$ 940
$ 940
879 PARK KNOLL DRIVE
10- 56725 - 100 -01
1
$ 940
$ 940
875 PARK KNOLL DRIVE
10- 56725 - 110 -01
1
$ 940
$ 940
Total Assessments (15 Single - Family R1 Lots) 1 $ 14,100
Sq
G=:
41 � Park Knoll Addition
qty Of Eap Street Revitalization - Project 1021 Fig. 1
Engineering Department Location Map
a •
W
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_ ;w ; Ys { K" of � LL
_� w
i +rl v � R i f Q O
W
CY) ,y +T •.y Air " .r �°' '#,,,� ..;
'cam `�` � .,'�� � , r ` ¢ � ' a•,a � �
r : (6 CL
co
W KI
CL
cu
cn
elf
r
K
LiJ
IS
M I.1
3" BITUMINOUS SURFACE
6" CL. 5 AGGREGATE BASE
Existing Typical Section
50' ROW
EX. D412
CURB & GUTTER
EDGE MILL
(6' -8' wide) Typ.
32' ( F-
11/2" TYPE 2360 BITUMINOUS
REPLACE EX. CURB &
GUTTER AS DIRECTED
BITUMINOUS TACK COAT
3" BITUMINOUS SURFACE
6" CL. 5 AGGREGATE BASE
Bituminous Street Overlay
Proposed Typical Section
IW_l'1
10 -27 -20,0
Park Knoll Addition
`City Of EapD Street Revitalization - Project 1021 Fig. 3
Engineering Department Typical Sections
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
B. PROJECT 1039, WILDERNESS PONDS ADDITION
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Project 1039, Wilderness Ponds Addition
(Street Improvements) as presented and authorize the preparation of detailed plans and
specifications.
FACTS:
• Since 1990, the City has implemented a comprehensive Pavement Management
Program that provides timely pavement rehabilitation to our local streets, significantly
extending their overall life expectancy. During these past 21 years, the City has
rehabilitated approximately 161 miles of local streets.
• The resurfacing of the 0.5 mile of streets within the Wilderness Ponds neighborhood
(Wilderness Lane and Wilderness Curve) in southeast Eagan has been programmed
for 2011 in the City's 5 -Year Capital Improvement Program.
• On June 1, 2010 the City Council directed staff to prepare a feasibility report
considering a rehabilitation of these streets.
• On December 7, 2010, the feasibility report for Project 1039 was presented to the City
Council and a Public Hearing was scheduled for January 4 to formally present and
discuss the report with the adjacent property owners.
• An informational neighborhood meeting was held on December 28 for the adjacent
property owners to discuss the proposed improvements. Of the 39 total properties (all
single - family homes) proposed to be assessed under this improvement, one resident
representing one property attended the meeting.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this public hearing.
ATTACHMENTS: R
• Feasibility Report, pagesthrough
• Neighborhood Meeting Minutes, page through.
/V /
w
V� E7,
Y ♦ 3'. `xY A� i - ..ram �. f
AN
City of Ea�an
Mike Maguire
Mayor December 29, 2010
Paul Bakken Honorable Mayor and City Council
Cyndee Fields City of Eagan
Gary Hansen i 3830 Pilot Knob Road
Meg Tilley Eagan, MN 55122
Council Members
Thomas Hedges
City Administrator
Re: Wilderness Ponds Street Revitalization
City Project No. 1039
Dear Mayor and City Council:
Attached is our report for the Wilderness Ponds Street Revitalization, City Project No. 1039.
The report presents and discusses the proposed improvements and includes a cost estimate,
preliminary assessment roll and schedule.
Municipal Center ! We would be pleased to meet with the City Council at your convenience to review and
3830 Pilot Knob Road discuss the contents of this report.
Eagan, MN 55122 -1810
Sincerely,
651.675.5000 phone
651.675.5012 fax
l
651.454.8535 TDD
1 ^^
John P. Gorder
Assistant City Engineer
Maintenance Facility
3501 Coachman Point
Eagan, MN 55122
651.675.5300 phone
651.675.5360 fax
651.454.8535 TDD
I hereby certify that this report was prepared by me or
under my direct supervision and that I am a duly
Licensed Professional Engineer under the laws of the
State of Minnesota.
John P. Gorder
' Date: �'- '"
2� "� J Reg. No. 22813
www.cityofeagan.com Re d By:
Dept. of Public Works Date:
Reviewed By: L--
The Lone Oak Tree
F
The symbol of Finance Dept.
strength and growth
in our community.
Date: / ' ) l , T"I / /[t
Co3
TABLE OF CONTENTS
Page
Introduction /History .................................................................... ............................... 1
Scope ........................................................................................... ............................... 2
Feasibility and Recommendations ................................................ ............................... 2
StreetEvaluation .......................................................................... ............................... 3
Proposed Improvements .............................................................. ............................... 3
Easements /Permits ...................................................................... ............................... 4
Cost Estimate ............................................................................... ............................... 5
Area Be Included ..................................................................... ............................... 5
Assessments ................................................................................ ............................... 5
Assessment Financing Options ..................................................... ............................... 6
Revenue ........................................................................... ............................... 6
Project Schedule .......................................................................... ............................... 6
LIST OF APPENDICES
Appendix A
Preliminary Cost Estimate
Appendix B
Preliminary Assessment Roll
Appendix C
Figures - 1 Location Map
- 2 Street Improvement /Assessment Area Map
- 3 Typical Sections — Overlay
4)�
December 2010
Neighborhood Street Revitalization
Wilderness Ponds
Eagan, Minnesota
Introduction/ History
Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates
streets within the community throughout their life cycle and implements appropriate
maintenance strategies. In 1989, a Pavement Management System (PMS) was developed
that allowed the City to evaluate the condition of the existing pavement surface for all the
streets on a routine basis and schedule timely maintenance. A Five Year Capital
Improvement Program (CIP) for street rehabilitation is developed from this information.
The nearly 1/2 mile of residential Wilderness Ponds neighborhood streets in south central
Eagan is identified for the 2011 street revitalization improvements. Figure 1, located in
Appendix C, illustrates the project location. The streets in this residential neighborhood
were constructed in 1987.
Based on the data and engineering strategies available at this time, the City's current PMP
incorporates local and ongoing maintenance strategies with seal coating occurring as
needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at
approximately 20+ years. Overlaying the roadways located within the project area, which
is presently within the 20 -25 year time frame, will prevent further decay of the pavement
surface, thus protecting and extending the structural life of the streets.
Timely maintenance work, such as bituminous patching, crack sealing and seal coating have
occurred at appropriate intervals during the life of the pavement in the area. The City of
Eagan's maintenance records indicate that these streets were seal coated in 1992 and
2002.
The Public Works maintenance program typically includes extensive patching and crack
sealing during the summer prior to the overlay. The Public Works crews, as part of the
Wilderness Ponds
45�1
Preparatory Pavement Management Plan, removed and replaced deteriorated pavement
areas and placed leveling and maintenance overlays on portions of the streets under
consideration, where necessary. These repairs alone will not substantially extend the life
expectancy of the street section if not combined with the bituminous overlay proposed
with this project.
The Public Works Department has also inspected the utility infrastructure (sanitary sewer,
water main, and storm sewer) in the project area and determined the system is in good
working order and that no major repairs are necessary.
Scope
This project will provide resurfacing (edge mill and overlay) for approximately 1/2 mile of
roadway. Figure 2 in Appendix C, illustrates the project limits.
Included in this project are the following improvements; replacement of damaged curb and
gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water
gate valves, and street signage.
Feasibility and Recommendations
The project is necessary to maintain and enhance the structural integrity of the pavement
section, create a safer driving surface, and increase rideability.
The project is cost effective in that the proposed improvement (resurfacing) is considerably
less expensive than complete reconstruction of this street.
The project is feasible in that this type of improvement has been used successfully to
extend the life expectancy of numerous other streets throughout the City and the region.
This project is in accordance with the Five Year Capital Improvement Plan (2011— 2015) for
the City of Eagan and the schedule as outlined in the Pavement Management Program. It is
recommended that the project be constructed as proposed in this report in combination
with other similar projects in the area.
Wilderness Ponds
W 2
Street Evaluation
The City of Eagan's Pavement Management System allows the City to evaluate the
condition of the existing street surface to help schedule timely maintenance and
improvements. The Pavement Condition Index (PCI) ranks the surface condition for each
street. The general categories that define PCI rankings are as follows:
PCI
Recommended Improvement
56-100
Routine Maintenance /Crack Seal /Seal Coat
36-55
Patch /Repair and /or Overlay
0-35
Reconstruct/ Reclaim
The 2010 PCI rankings for the street segments have a weighted average pavement
condition rating of 46 for Wilderness Ponds, which falls in the rankings of the "Patch /Repair
and /or Overlay' category, as mentioned above. The street pavement has reached an age
where, based on the City's past experience, the integrity of the pavement can rapidly
decline if no improvements are performed. Therefore, the 2011 construction season is the
optimal time to construct the bituminous overlay on this street. Any delay of the project
may reduce the structural benefit to the street sections and require full reconstruction.
Proposed Improvements
Pavement - The proposed street
improvements for Wilderness Ponds
(Wilderness Lane and Wilderness
Curve) are shown in Figure 3. The
existing street section for this roadway
consists of 3.5" bituminous pavement
supported by 6" gravel base. The
existing bituminous surface will be
milled adjacent to the existing curb
and gutter (6' -8' wide) to
accommodate a 1% -inch bituminous
overlay. The overlay, combined with the existing street section, will provide a street section
consistent with current City standards for residential streets. The combination of patching and
Wilderness Ponds
0 3
overlay will not eliminate cracking due to the temperature extremes experienced in
Minnesota. Bituminous overlays will show some continued frost movements and reflective
cracking consistent with the underlying pavement. Routine maintenance will still need to
continue under the City's Pavement Management Program.
Concrete Curb & Gutter - Damaged curb & gutter will be replaced if severely cracked,
spalled, or settled. It is estimated that
approximately 12% of the existing
concrete curb and gutter will have to be
replaced. Boulevard turf will be removed
and replaced. While the contractor who
performs the work is responsible for its
establishment in the first 30 days after
placement, adjacent property owners are
encouraged to consistently water the new turf, where possible, to help ensure its growth.
Signage - All traffic control and street identification signage within the project limits will be
replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts
no longer meeting City and State standards.
Easement /Permits
All work will be in the public right -of -way. No additional easements will be necessary. It is
anticipated that no permits will be required for the resurfacing project.
Wilderness Ponds
U 4
Cost Estimate
Detailed cost estimates are located in Appendix A. The estimates are based on anticipated
2011 construction costs and include a 5% contingency and indirect cost of 30 %, which
include legal, administration, engineering, and bond interest. A summary of the costs is as
follows:
Wilderness Ponds
• Mill & Overlay w/ signage ....................... ............................... $ 71,000
• Repair Existing Concrete Curb & Gutter . ............................... $20,600
Total............................................ ............................... $ 91,600
Area To Be Included
Properties included in the project lie within the SW % of Section 27, lying North of Cliff
Road, South of Diffley Road, and East of Pilot Knob Road, in Township 27, Range 23, in the
City of Eagan, Dakota County, Minnesota.
Assessments
Assessments are proposed to be levied against the benefited properties for the total
improvement with costs allocated in accordance with the City of Eagan's Special
Assessment Policy for a mill and overlay improvement for residential streets. All
assessments will be revised based on final costs. A preliminary assessment roll is included
in Appendix B.
City Special Assessment Policy Assessment Ratio
Property City
Overlay — Residential 50% 50%
Repair Existing Concrete Curb & Gutter 0% 100%
Residential Lots — Street Revitalization Improvements (Wilderness Ponds)
All residential lots (39 total single - family residential lot equivalents) as shown on Figure 2
having driveway access on to the street to be improved are proposed to be assessed. The
City's Assessment Policy states that 50% of the mill and overlay costs are assessable for
local residential streets, based on a standard 32 -foot width. The estimated cost per single -
family lot to be assessed based on the City Assessment Policy is $910 /lot and is calculated
as follows: 50% X $1,000 (Overlay and Signage Cost) _ $910
39 (Residential Lots) Residential Lot
Wilr Ponds
& � 5
Assessment Financing Options
The property owner will have the option at the time of the assessment hearing to pay the
full assessment or include the assessment in with their property tax statement. If the
assessment is included with the property tax statement, the assessment will be spread
over five years with the interest determined by the results of the bond sale used to finance
the improvements. The following payment schedule is an example of the estimated $910
assessment with an estimated 5% interest for the assessed amounts:
Single Family Residential Lot = $910
Principal Per Year Interest Per Year Cost Per Year
First Year $182 $45 ! $227
Fifth Year $18 9 $191
Revenue Source
A summary of revenue sources is listed below:
The City's Major Street Fund will finance the estimated project deficit of $ 56,100 (61% of
Project
Property
City Contribution
Cost
Assessment
Present Feasibility Report to City Council/
Mill and Overlay (Including
$ 71,000
$ 35,500
$ 35,500
Signage)
Public Hearing ............................................................... ...............................
January 4, 2011
Approve Plans and Specifications .................................. ...............................
Repair Existing Curb
$20,600
0
20 600
Totals
$ 91,600
$ 35,500
$ 56,100
The City's Major Street Fund will finance the estimated project deficit of $ 56,100 (61% of
total).
Project Schedule
Present Feasibility Report to City Council/
Order Public Hearing ................................................ ...............................
December 7, 2010
Informational Meeting ............................................ ...............................
December 28, 2010
Public Hearing ............................................................... ...............................
January 4, 2011
Approve Plans and Specifications .................................. ...............................
February, 2011
AwardContract .................................................................. ...............................
March, 2011
Project Completion ........................................................... ...............................
August, 2011
Final Cost Report .................................... ............................... .....................September,
2011
Final Assessment Hearing ...................................................... ...............................
Fall, 2011
First Payment Due with Property Tax Statement ................ ............................May
15, 2012
Wilderness Ponds
70 6
Appendix A
Wilderness Ponds Street Improvements
City Project 1039
Subtotal
5% Contingency
Subtotal
30% Indirect Costs
Part I - Bituminous Street Overlay
$ 52,022
$ 2,601
$ 54,623
$ 16,387
$ 71,009
Est
I Unit I
Estimated
Item No.
I Item
I Item
Unit I
Qty
I Price I
Cost
Part I - Bituminous Street Overlay
Cost
Part II - Repair Existing Curb & Gutter
2021.501
Mobilization
LS
1
$ 5,000.00
$ 5,000
2232.501
Mill Bituminous Pavement (1 1/4" depth)
SY
2,750
$ 0.65
$ 1,788
2350.501
Type LVWE45030B Wearing Course Mixture
TON
636
$ 55.00
$ 34,980
2350.505
Type LVWE45030B Wear Course- Street Patch
TON
6
$ 100.00
$ 600
2357.502
Bituminous Material for Tack Coat
GAL
450
$ 4.00
$ 1,800
2504.602
Adjust Frame and Ring Casting (Manhole)
EA
11
$ 400.00
$ 4,400
2504.602
Adjust Manhole Casting - Riser Adjustment
EA
2
$ 185.00
$ 370
2504.602
Adjust Water Valve Box
EA
2
$ 125.00
$ 250
2504.602
Repair Gate Valve Mid Section
EA
1
$ 155.00
$ 155
2504.602
Repair Gate Valve Top Section w/ Cover
EA
1
$ 175.00
$ 175
5P -1
Signage Remove & Replace
LS
1
$ 1,504.00
$ 1,504
2563.601
Traffic Control
LS
1
$ 1,000.00
$ 1,000
Subtotal
5% Contingency
Subtotal
30% Indirect Costs
Part I - Bituminous Street Overlay
$ 52,022
$ 2,601
$ 54,623
$ 16,387
$ 71,009
Subtotal $ 15,100
S% Contingency $ 755
Subtotal $ 15,855
30% Indirect Costs $ 4,757
Part II - Repair Existing Curb & Gutter $ 20,612
Part I - Bituminous Street Overlay $ 71,009
Part II - Repair Existing Curb & Gutter $ 20,612
Project 1039 Total Cost $ 91,621
�l
Est
Unit
Estimated
Item No.
I Item
Unit
Qty
Price
Cost
Part II - Repair Existing Curb & Gutter
2104.501
Remove Concrete Curb & Gutter
LF
470
$
6.00
$ 2,820
2104.505
Remove Concrete Valley Gutter
SY
15
$
10.00
$ 150
2211.501
Aggregate Base, Cl. 5 (100% Crushed)
TON
10
$
15.00
$ 150
2350.505
Type LVWE4S030B Wear Course - Street Patch
TON
16
$
100.00
$ 1,600
2504.602
Repair Residential Sprinkler Head
EA
5
$
100.00
$ 500
2504.602
Repair Sprinkler System
EA
1
$
250.00
$ 250
2506.602
Install 2 x 3 CB Erosion Barrier Shroud
EA
2
$
100.00
$ 200
2531.501
Concrete Curb & Gutter D412
LF
470
$
15.00
$ 7,050
2531.604
Concrete Valley Gutter
SY
15
$
60.00
$ 900
2540.602
Repair Residential Landscaping
EA
1
$
170.00
$ 170
2575.505
Sodding, Type Lawn (Highland)
SY
130
$
7.00
$ 910
2575.551
Compost /Topsoil Mixture
TON
20
$
20.00
$ 400
Subtotal $ 15,100
S% Contingency $ 755
Subtotal $ 15,855
30% Indirect Costs $ 4,757
Part II - Repair Existing Curb & Gutter $ 20,612
Part I - Bituminous Street Overlay $ 71,009
Part II - Repair Existing Curb & Gutter $ 20,612
Project 1039 Total Cost $ 91,621
�l
Appendix B
Preliminary Assessment Roll
City Project 1039 - Wilderness Ponds
Wilderness Lane
R -1 Residential
P.I.N.
Lot Equivalent
Unit Assessment
Total
1287 WILDERNESS LANE
10- 84275 - 060 -02
1
$ 910
$ 910
1291 WILDERNESS LANE
10- 84275 - 050 -02
1
$ 910
$ 910
1292 WILDERNESS LANE
10- 84275 - 070 -02
1
$ 910
$ 910
1295 WILDERNESS LANE
10- 84275 - 040 -02
1
$ 910
$ 910
1296 WILDERNESS LANE
10- 84275 - 080 -02
1
$ 910
$ 910
1299 WILDERNESS LANE
10- 84275 - 030 -02
1
$ 910
$ 910
1303 WILDERNESS LANE
10- 84275 - 020 -02
1
$ 910
$ 910
1304 WILDERNESS LANE
10- 84275 - 100 -02
1
$ 910
$ 910
1308 WILDERNESS LANE
10- 84275 - 110 -02
1
$ 910
$ 910
Vacant Lot
10- 84275 - 090 -02
1
$ 910
$ 910
1270 WILDERNESS CURVE
Subtotals
10
$ 910
$ 9,100
Wilderness Curve
R -1 Residential
P.I.N.
Lot Equivalent
Unit Assessment
Total
1250 WILDERNESS CURVE
10- 84275 - 240 -02
1
$ 910
$ 910
1253 WILDERNESS CURVE
10- 84275 - 230 -02
1
$ 910
$ 910
1254 WILDERNESS CURVE
10- 84275 - 250 -02
1
$ 910
$ 910
1257 WILDERNESS CURVE
10- 84275 - 220 -02
1
$ 910
$ 910
1258 WILDERNESS CURVE
10- 84275 - 260 -02
1
$ 910
$ 910
1261 WILDERNESS CURVE
10- 84275 - 210 -02
1
$ 910
$ 910
1262 WILDERNESS CURVE
10- 84275 - 270 -02
1
$ 910
$ 910
1265 WILDERNESS CURVE
10- 84275- 200 -02
1
$ 910
$ 910
1266 WILDERNESS CURVE
10- 84275- 280 -02
1
$ 910
$ 910
1269 WILDERNESS CURVE
10- 84275 - 190 -02
1
$ 910
$ 910
1270 WILDERNESS CURVE
10- 84275 - 290 -02
1
$ 910
$ 910
1273 WILDERNESS CURVE
10- 84275180 -02
1
$ 910
$ 910
1274 WILDERNESS CURVE
10- 84275 - 300 -02
1
$ 910
$ 910
1277 WILDERNESS CURVE
10- 84275 - 170 -02
1
$ 910
$ 910
1278 WILDERNESS CURVE
10- 84275 - 310 -02
1
$ 910
$ 910
1281 WILDERNESS CURVE
10- 84275 - 160 -02
1
$ 910
$ 910
1282 WILDERNESS CURVE
10- 84275 - 320 -02
1
$ 910
$ 910
1285 WILDERNESS CURVE
10- 84275 - 150 -02
1
$ 910
$ 910
1286 WILDERNESS CURVE
10- 84275 - 330 -02
1
$ 910
$ 910
1289 WILDERNESS CURVE
10- 84275 - 140 -02
1
$ 910
$ 910
1290 WILDERNESS CURVE
10- 84275 - 340 -02
1
$ 910
$ 910
1293 WILDERNESS CURVE
10- 84275 - 130 -02
1
$ 910
$ 910
1294 WILDERNESS CURVE
10- 84275 - 350 -02
1
$ 910
$ 910
1297 WILDERNESS CURVE
10- 84275- 120 -02
1
$ 910
$ 910
1306 WILDERNESS CURVE
10- 84275- 040 -01
1
$ 910
$ 910
7a
R -1 Residential
P.I.N.
Lot Equivalent
Unit Assessment
Total
1310 WILDERNESS CURVE
10- 84275 - 030 -01
1
$ 910
$ 910
1314 WILDERNESS CURVE
10- 84275 - 020 -01
1
$ 910
$ 910
1318 WILDERNESS CURVE
10- 84275 - 010 -01
1
$ 910
$ 910
1319 WILDERNESS CURVE
10- 84275 - 010 -02
1
$ 910
$ 910
Subtotals
1 29
$ 26,390
39 Single - Family Lots TOTAL ASSESSMENT $ 35,490
"73
G41
Wilderness Ponds
g City of Eap Street Revitalization - Project 1039 Fig. 1
Engineering Department Z�L Location Map
zn
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IX
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Iss
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ir.4
.� , t �, �
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�" ` � , '®
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�"��
*E
3.5" BITUMINOUS SURFACE
6" CL. 5 AGGREGATE BASE
Existing Typical Section
50/60' ROW (VARIES)
EX. D412
CURB & GUTTER
EDGE MILL i
(6' -8' wide) Typ.
REPLACE EX. CURB &
GUTTER AS DIRECTED
1 1/2' TYPE 2360 BITUMINOUS
BITUMINOUS TACK COAT
3.5" BITUMINOUS SURFACE
6" CL. 5 AGGREGATE BASE
Bituminous Street Overlay
Proposed Typical Section
Y
4 1� Wilderness Ponds
City of E ap Street Revitalization - Project 1039 Fig. 3
Engineering Department Typical Sections
WILDERNESS PONDS
Street Revitalization
City Project No. 1039
Neighborhood Meeting Minutes
5:30 P.M. Tuesday, December 28, 2010
City Hall Eagan Room
Attendance: John Gorder, Assistant City Engineer, 1 resident representing 1 property (see
attached sign -in sheet).
A. Presentation of Project
• Gorder welcomed the property owner and presented general project information. The
resident did not wish to be presented with detailed project information.
B. Questions/ Comments
The resident agrees with the need for the project.
Gorder and the resident discussed a few items relating to the resident's property and the
composition of bituminous pavement mixtures.
The meeting adjourned at 5:50 p.m.
77
4 1100
City of Eagan
NEIGHBORHOOD MEETING
Project 1039, Contract 11 -01
Wilderness Ponds
Uut,uCly, u ---L-- 020 02A01A
NAME
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
GTORMS/SIGN-IN.SHT
J�
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
C. PROJECT 1040, FAIRWAY HILLS ADDITION
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Project 1040, Fairway Hills Addition
(Street Improvements) as presented and authorize the preparation of detailed plans and
specifications.
FACTS:
• Since 1990, the City has implemented a comprehensive Pavement Management
Program that provides timely pavement rehabilitation to our local streets, significantly
extending their overall life expectancy. During these past 21 years, the City has
rehabilitated approximately 161 miles of local streets.
• The resurfacing of the 1.5 miles of streets within the Fairway Hills neighborhood in
southeast Eagan has been programmed for 2011 in the City's 5 -Year Capital
Improvement Program.
• On June 1, 2010 the City Council directed staff to prepare a feasibility report
considering a rehabilitation of these streets.
• On December 7, 2010, the feasibility report for Project 1040 was presented to the City
Council and a Public Hearing was scheduled for January 4 to formally present and
discuss the report with the adjacent property owners.
• An informational neighborhood meeting was held on December 28 for the adjacent
property owners to discuss the proposed improvements. Of the 139 total properties
(all single - family residential lots) proposed to be assessed under this improvement, 4
residents representing 3 properties attended the meeting.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this public hearing.
ATTACHMENTS: T
• Feasibility Report, page
• Neighborhood Meeting Minutes, pages � through
-77
7 r c ""
• � � _ - - . -✓�� ~ate \„ � f� ` t ', j `�
JL
WT
City of Eagan
Mike Maguire
Mayor December 29, 2010
Paul Bakken
Cyndee Fields
Gary Hansen
Meg Tilley
Council Members
Thomas Hedges
City Administrator
Municipal Center
3830 Pilot Knob Road
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Fairway Hills Street Revitalization
City Project No. 1040
Dear Mayor and City Council:
Attached is our report for the Fairway Hills Street Revitalization, City Project No. 1040. The
report presents and discusses the proposed improvements and includes a cost estimate,
preliminary assessment roll and schedule.
We would be pleased to meet with the City Council at your convenience to review and
discuss the contents of this report.
Eagan, MN 55122 -1810
Sincerely,
I
651.675.5000 phone
651.675.5012 fax
-1
651.454.8535 TDD
John P. Gorder
Assistant City Engineer
Maintenance Facility
3501 Coachman Point
Eagan, MN 55122
651.675.5300 phone
651.675.5360 fax
651.454.8535 TDD
I hereby certify that this report was prepared by me or
under my direct supervision and that I am a duly
Licensed Professional Engineer under the laws of the
State of Minnesota.
John P. Gorder
Date:
www.cityofeagan.com Reviewed By:
Dept. of Public Works
Reviewed By: �.
The Lone Oak Tree Finance Dept.
The symbol of
strength and growth
Reg. No. 22813
Date: i Z - - Z
Date: / )Intl C
in our community.
�? I
TABLE OF CONTENTS
Page
Introduction /History .................................................................... ............................... 1
Scope........................................................................................... ............................... 2
Feasibility and Recommendations ................................................ ............................... 2
StreetEvaluation .......................................................................... ............................... 2
Proposed Improvements .............................................................. ............................... 3
Easements /Permits ...................................................................... ............................... 5
CostEstimate ............................................................................... ............................... 5
AreaTo Be Included ..................................................................... ............................... 5
Assessments................................................................................ ............................... 5
Assessment Financing Options ..................................................... ............................... 7
RevenueSource ........................................................................... ............................... 7
ProjectSchedule .......................................................................... ............................... 8
LIST OF APPENDICES
Appendix A
Preliminary Cost Estimate
Appendix B
Preliminary Assessment Roll
Appendix C
Figures - 1 Location Map
- 2 Street Improvement /Assessment Area Map
- 3 Typical Sections — Mill & Overlay
r.
December 2010
Neighborhood Street Revitalization
Fairway Hills
Eagan, Minnesota
Introduction/ History
Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates
streets within the community throughout their life cycle and implements appropriate
maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that
allowed the City to evaluate the condition of the existing pavement surface for all the streets on
a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program
(CIP) for street rehabilitation is developed from this information.
The nearly 1.5 miles of residential /neighborhood streets in the Fairway Hills Neighborhood in
south - central Eagan are identified for 2011 street revitalization improvements. Figure 1,
located in Appendix C, illustrates the project location. The streets in this residential
neighborhood were constructed between 1987 and 1991.
Based on the data and engineering strategies available at this time, the City's current PMP
incorporates local and ongoing maintenance strategies with seal coating occurring as needed
(at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years.
Overlaying the roadways located within the project area, which is presently at the 20+ year
time frame, will prevent further decay of the pavement surface, thus protecting and extending
the structural life of the streets.
Timely maintenance work, such as bituminous patching, crack sealing and seal coating have
occurred at appropriate intervals during the life of the pavement in the area. The City of
Eagan's maintenance records indicate that these streets were seal coated in 1992, 1995, and
2001.
The Public Works maintenance program typically includes extensive patching and crack sealing
during the summer prior to the overly. The Public Works crews, as part of the Preparatory
Fairway ills
1
Pavement Management Plan, removed and replaced deteriorated pavement areas and placed
leveling and maintenance overlays on portions of the streets under consideration, where
necessary. These repairs alone will not substantially extend the life expectancy of the street
section if not combined with the bituminous overlay proposed with this project.
The Public Works Department has also inspected the utility infrastructure (sanitary sewer,
water main, and storm sewer) in the project area and determined the system is in good
working order and that no major repairs are necessary.
Scope
This project will provide resurfacing (edge mill and overlay) for approximately 1.5 miles of
roadway. Figure 2 in Appendix C, illustrates the project limits.
Included in this project are the following improvements; replacement of damaged curb and
gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, catch basin
reconstruction, water gate valves, street signage, and pedestrian ramps.
Feasibility and Recommendations
The project is necessary to prevent further decay of the pavement section, create a safer
driving surface, increase ride ability, and add structural strength.
The project is cost effective in that the proposed improvement (resurfacing) is considerably less
expensive than complete reconstruction of this street.
The project is feasible in that this type of improvement has been used successfully to extend
the life expectancy of numerous other streets throughout the City and the region.
This project is in accordance with the Five Year Capital Improvement Plan (2011 — 2015) for the
City of Eagan and the schedule as outlined in the Pavement Management Program. It is
recommended that the project be constructed as proposed in this report in combination with
other similar projects in the area.
Street Evaluation
The City of Eagan's Pavement Management System allows the City to evaluate the condition of
the existing street surface to help schedule timely maintenance and improvements. The
Fairw4 Hills
2
Pavement Condition Index (PCI) ranks the surface condition for each street. The general
categories that define PCI rankings are as follows:
PCI
Recommended Improvement
56-100
Routine Maintenance /Crack Seal /Seal Coat
36-55
Patch /Repair and /or Overlay
0-35
Reconstruct/ Reclaim
The 2010 PCI rankings for the street segments for Fairway Hills have a weighted average
pavement condition rating of 47, which falls in the rankings of the "Patch /Repair and /or
Overlay" category, as mentioned above. The street pavement has reached an age where, based
on the City's past experience, the integrity of the pavement can rapidly decline if no
improvements are performed. Therefore, the 2011 construction season is the optimal time to
construct the bituminous overlay on this street. Any delay of the project may reduce the
structural benefit to the street sections and require full reconstruction.
Proposed Improvements
Pavement - The proposed street
improvements for Fairway Hills are shown in
Figure 3. The existing street section for this
roadway consists of 3" bituminous pavement
supported by 6" gravel base. The existing
bituminous surface will be milled adjacent to
the existing curb and gutter (6' -8' wide) to
accommodate a 1% -inch bituminous overlay.
The overlay, combined with the existing street
section, will provide a street section consistent with current City standards for residential
streets. The combination of patching and overlay will not eliminate cracking due to the
temperature extremes experienced in Minnesota. Bituminous overlays will show some
continued frost movements and reflective cracking consistent with the underlying pavement.
Routine maintenance will still need to continue under the City's Pavement Management
Program.
8�
Fairway Hills
3
Concrete Curb & Gutter - Damaged curb & gutter will be replaced if severely cracked, spalled,
or settled. It is estimated that approximately 9% of the existing concrete curb and gutter will
have to be replaced. Boulevard turf will be
removed and replaced. While the
contractor who performs the work is
responsible for its establishment in the first ,�►'i
30 days after placement, adjacent property
owners are encouraged to consistently
water the new turf, where possible, to help
ensure its growth.
Signage - All traffic control and street identification signage within the project limits will be
replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no
longer meeting City and State standards.
Sidewalk /Path & Pedestrian Ramp — Revisions to the
Americans with Disabilities Act (ADA) requires
jurisdictional agencies to provide detectable warnings
at all existing pedestrian ramps of sidewalks and paths
with public streets that are improved, including street
surface improvements. The most common method of
providing this detectable warning is through the
installation of truncated domes a minimum of two feet in length across the width of all
pedestrian ramps. This project provides for the installation of truncated dome pedestrian
ramps along the existing trail along Pilot Knob Road (Interlachen Dr., Pebble Beach Way), Cliff
Road (Fairway Hills Dr.), and at Ohmann Park.
Fairwa Hills
4
Easement /Permits
All work will be in the public right -of -way. No additional easements will be necessary.
A permit from Dakota County Transportation Department will be necessary for the work within
Cliff Road at Fairway Hills Drive and within Pilot Knob Road at Interlachen Drive and at Pebble
Beach Way.
Cost Estimate
Detailed cost estimates are located in Appendix A. The estimates are based on anticipated
2011 construction costs and include a 5% contingency and indirect cost of 30 %, which include
legal, administration, engineering, and bond interest. A summary of the costs is as follows:
Fairway Hills
• Mill & Overlay w/ signage ...................... ............................... $ 273,200
• Repair Existing Concrete Curb & Gutter . ............................... $82,40 0
Total ............................................ ............................... $ 355,600
Area To Be Included
Properties included in the project lie within the NW % of Section 34, lying South of Cliff Road
and East of Pilot Knob Road, in Township 27, Range 23, in the City of Eagan, Dakota County,
Minnesota.
Assessments
Assessments are proposed to be levied against the benefited properties for the total
improvement with costs allocated in accordance with the City of Eagan's Special Assessment
Policy for a mill and overlay improvement for residential streets. All assessments will be revised
based on final costs. A preliminary assessment roll is included in Appendix B.
City Special Assessment Policy
Overlay — Residential
Overlay— Community Park
Repair Existing Concrete Curb & Gutter /Sidewalk
Assessment Ratio
Property
City
50%
50%
75%
25%
0%
100%
R?
Fairway Hills
5
Residential Lots — Street Revitalization Improvements (Fairway Hills)
All residential lots (139 total single - family residential lots, including Outlot A — Northern Natural
Gas facility) as shown on Figures 2A -2C having driveway access on to the streets within Fairway
Hills to be improved, are proposed to be assessed. The City's Assessment Policy states that 50%
of the mill and overlay costs are assessable for local residential streets, based on a standard 32-
foot width. The estimated cost per single - family lot to be assessed based on the City
Assessment Policy is $873/lot and is calculated as follows:
15,790 ft (Residential Front Footage)
1) % Residential Assessable = = 88.9%
17,761 ft (Total Front Footage)
2) 50% x 88.9% x $273,200 (Mill & Overlay and Signage Cost)
= $121,400 (Total Residential Assessment)
3) $121,400 (Total Residential Assessment) _ $873
139 (Residential lots) Residential Lot
Street Improvements — Community Parks — George Ohmann Park (City), as shown on Figure 2C,
adjacent to the street to be improved within the project area, is proposed to be assessed. The
City's Assessment Policy states that 75% of the mill and overlay costs are assessable for local
residential streets, based on a standard 32 -foot width. The estimated cost per front foot to be
assessed based on the City Assessment Policy is $11.36/ front foot and is calculated as follows:
325 ft (Community Parks Front Footage)
1) % Community Parks Assessable = 17,761 ft (Total Front Footage) = 1.8%
2) 75% x 1.8% x $273,200 (Mill & Overlay and Signage Cost)
= $3,690 (Total Community Parks Assessment)
3) $3,690 (Total Community Parks Assessment)
324.9 ft (Community Parks Front Footage)
$11.36
Community Park Front Foot
The remaining Fairway Hills frontage within the project area (1,646 front feet or 8.8 %) is County
road right -of -way (Pilot Knob Road — County 31) and therefore, not assessable under the City's
Assessment Policy.
ge
Fairway Hills
6
Assessment Financing Options
The property owner will have the option at the time of the assessment hearing to pay the full
assessment or include the assessment in with their property tax statement. If the assessment is
included with the property tax statement, the assessment will be spread over five years with
the interest determined by the results of the bond sale used to finance the improvements. The
following payment schedule is an example of the estimated $873 assessment with an estimated
5% interest for the assessed amounts:
Single Family Residential Lot = $873
Principal Per Year Interest Per Year Cost Per Year
First Year —— $54 $229
1 Fifth Year $175 $ 8 i $183
Revenue Source
A summary of revenue sources is listed below:
The City's Major Street Fund will finance the estimated project deficit of $230,500 (65% of
total).
e 1 q
Fairwa Hills
7
Project
Cost
Property
Assessment
City
Contribution
Mill and Overlay (Including Signage)
$ 273,200
$ 125,100
$ 148,100
Repair Existing Curb /Sidewalk
82 400
0
82 400
Totals
$ 355,600
$ 125,100
$ 230,500
The City's Major Street Fund will finance the estimated project deficit of $230,500 (65% of
total).
e 1 q
Fairwa Hills
7
Project Schedule
Present Feasibility Report to City Council/
Order Public Hearing .......................... ............................... .......................December 7, 2010
Informational Meeting ..................... ............................... .......................December
28, 2010
PublicHearing ....................................... ............................... ........................January
4, 2011
Approve Plans and Specifications .................................. ...............................
February, 2011
AwardContract .................................................................. ...............................
March, 2011
Project Completion ........................................................... ...............................
August, 2011
Final Cost Report .................................... ............................... .....................September,
2011
Final Assessment Hearing ....................................................... ...............................
Fall, 2011
First Payment Due with Property Tax Statement ............ ...............................
May 15, 2012
D
Fairway Hills
8
Appendix A
Fairway Hills Street Improvements
City Project 1040
Subtotal $ 200,140
5% Contingency $ 10,007
Subtotal $ 210,147
30% Indirect Costs $ 63,044
Part I - Bituminous Street Overlay $ 273,191
$
82,356
Est
I Unit
I Estimated
Item No.
I Item
I Unitl
Qty
I Price
I
Cost
Part I - Bituminous Street Overlay
2104.501
Remove Concrete Curb & Gutter
2021.501
Mobilization
LS
1
$ 5,000.00
$
5,000
2232.501
Mill Bituminous Pavement (11/4" depth)
SY
12,040
$ 0.65
$
7,826
2350.501
Type LVWE45030B Wearing Course Mixture
TON
2,550
$ 55.00
$
140,250
2350.505
Type LVWE35030B Wear Course - Street Patch
TON
22
$ 100.00
$
2,200
2357.502
Bituminous Material for Tack Coat
GAL
1,720
$ 4.00
$
6,880
2504.602
Adjust Frame and Ring Casting (Manhole)
EA
48
$ 400.00
$
19,200
2504.602
Adjust Manhole Casting - Riser Adjustment
EA
7
$ 185.00
$
1,295
2504.602
Adjust Water Valve Box
EA
15
$ 125.00
$
1,875
2504.602
Repair Gate Valve Mid Section
EA
4
$ 155.00
$
620
2504.602
Repair Gate Valve Top Section w/ Cover
EA
5
$ 175.00
$
875
SP -1
Signage Remove & Replace
LS
1
$ 13,119
$
13,119
2563.601
Traffic Control
LS
1
$ 1,000.00
$
1,000
Subtotal $ 200,140
5% Contingency $ 10,007
Subtotal $ 210,147
30% Indirect Costs $ 63,044
Part I - Bituminous Street Overlay $ 273,191
Part II - Repair Existing Curb & Gutter
$
82,356
Est
I Unit
I Estimated
Item No.
I Item
I Unitl
Qty
I Price
I Cost
Part II - Repair Existing Curb & Gutter
2104.501
Remove Concrete Curb & Gutter
LF
1,540
$ 6.00
$ 9,240
2104.503
Remove Bituminous Trail
SF
400
$ 0.60
$ 240
2104.505
Remove Concrete Valley Gutter
SY
38
$ 10.00
$ 380
2211.501
Aggregate Base, Cl. 5 (100% Crushed)
TON
10
$ 15.00
$ 150
2350.505
Type LVWE45030B Wear Course - Street Patch
TON
48
$ 100.00
$ 4,800
2350.501
Type LVWE45030B Wear Course - Driveways/ Trail Patch
TON
13
$ 100.00
$ 1,300
2504.602
Repair Residential Sprinkler Head
EA
3
$ 100.00
$ 300
2504.602
Repair Sprinkler System
EA
1
$ 250.00
$ 250
2506.602
Adjust Frame & Ring Casting (CB)
EA
12
$ 250.00
$ 3,000
2506.602
Install 2 x 3 CB Erosion Barrier Shroud
EA
2
$ 100.00
$ 200
2506.602
Remove & Replace Catch Basin MH (Des. CC) w /Cstg - Fairway Hill:
EA
1
$ 3,000.00
$ 3,000.00
2521.501
4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset
SF
420
$ 4.50
$ 1,890
2531.501
Concrete Curb & Gutter 8618
LF
15
$ 16.00
$ 240
2531.501
Concrete Curb & Gutter D412
LF
410
$ 15.00
$ 6,150
2531.501
Concrete Curb & Gutter Surmountable
LF
1,115
$ 16.00
$ 17,840
2531.604
Concrete Valley Gutter
SY
38
$ 60.00
$ 2,280
2531.618
Truncated Dome Detectable Warning Paver
SF
112
$ 42.00
$ 4,704
2540.602
Repair Residential Landscaping
EA
1
$ 170.00
$ 170
2575.505
Sodding, Type Lawn (Highland)
SY
420
$ 7.00
$ 2,940
2575.551
Compost /Topsoil Mixture
TON
63
$ 20.00
$ 1,260
Subtotal
$ 60,334
5% Contingency
$ 3,017
Subtotal
$ 63,351
30% Indirect
Costs
$ 19,005
Part II - Repair Existing Curb & Gutter
$
82,356
Part I - Bituminous Street Overlay
$
273,191
Part II - Repair Existing Curb & Gutter
$
82,356
Project Total Cost
$
355,547
Appendix B
Preliminary Assessment Roll
City Project 1040 - Fairway Hills
Cypress
Point
R -1 Residential
Pebble Beach Way
Lot Equivalent
Unit
Assessment
Total
4751 CYPRESS PT
10- 25603 - 010 -02
R -1 Residential
$ 873
P.I.N.
4755 CYPRESS PT
Lot Equivalent
Unit
Assessment
$ 873
Total
4705
PEBBLE BEACH WAY
10-
25601 - 050 -04
1
$
873
$
873
4720
PEBBLE BEACH WAY
10-
25602 - 010
-03
1
$
873
$
873
4716
PEBBLE BEACH WAY
10-
25602 - 020
-03
1
$
873
$
873
4712
PEBBLE BEACH WAY
10-
25602 - 030
-03
1
$
873
$
873
4713
PEBBLE BEACH WAY
10-
25602 - 050
-02
1
$
873
$
873
4709
PEBBLE BEACH WAY
10-
25602 - 060 -02
1
$
873
$
873
4721
PEBBLE BEACH WAY
10-
25602 - 080
-01
1
$
873
$
873
4725
PEBBLE BEACH WAY
10-
25602 - 090
-01
1
$
873
$
873
4741
PEBBLE BEACH WAY
10-
25603 - 010
-01
1
$
873
$
873
4737
PEBBLE BEACH WAY
10- 25603 - 020
-01
1
$
873
$
873
4733
PEBBLE BEACH WAY
10-
25603 - 030
-01
1
$
873
$
873
4729
PEBBLE BEACH WAY
10-
25603 - 040
-01
1
$
873
$
873
Subtotals
12
$
10,476
Cypress
Point
R -1 Residential
P.I.N.
Lot Equivalent
Unit
Assessment
Total
4751 CYPRESS PT
10- 25603 - 010 -02
1
$ 873
$ 873
4755 CYPRESS PT
10- 25603 - 020 -02
1
$ 873
$ 873
4759 CYPRESS PT
10- 25603 - 030 -02
1
$ 873
$ 873
4763 CYPRESS PT
10- 25603 - 040 -02
1
$ 873
$ 873
4767 CYPRESS PT
10- 25603 - 050 -02
1
$ 873
$ 873
4771 CYPRESS PT
10- 25603 - 060 -02
1
$ 873
$ 873
4770 CYPRESS PT
10- 25603 - 070 -02
1
$ 873
$ 873
4766 CYPRESS PT
10- 25603 - 080 -02
1
$ 873
$ 873
4762 CYPRESS PT
10- 25603 - 090 -02
1
$ 873
$ 873
4758 CYPRESS PT
10- 25603 - 100 -02
1
$ 873
$ 873
4754 CYPRESS PT
10- 25603 - 110 -02
1
$ 873
$ 873
4750 CYPRESS PT
10- 25603 - 120 -02
1
$ 873
$ 873
Subtotals
12
$ 10,476
Hazeltine Lane
R -1 Residential
P.I.N.
Lot Equivalent
Unit
Assessment
Total
4707 HAZELTINE LN
10- 25602- 010 -01
1
$ 873
$ 873
4714 HAZELTINE LN
10- 25602 - 010 -02
1
$ 873
$ 873
4711 HAZELTINE LN
10- 25602 - 020 -01
1
$ 873
$ 873
4722 HAZELTINE LN
10- 25602 - 020 -02
1
$ 873
$ 873
a
MA
4715 HAZELTINE LN
10- 25602 - 030 -01
1
$ 873
$ 873
4730 HAZELTINE LN
10- 25602 - 030 -02
1
$ 873
$ 873
4719 HAZELTINE LN
10- 25602 - 040 -01
1
$ 873
$ 873
4734 HAZELTINE LN
10- 25602 - 040 -02
1
$ 873
$ 873
4723 HAZELTINE LN
10- 25602 - 050 -01
1
$ 873
$ 873
4727 HAZELTINE LN
10- 25602 - 060 -01
1
$ 873
$ 873
4731 HAZELTINE LN
10- 25602 - 070 -01
1
$ 873
$ 873
Subtotals
11
$ 9,603
X13
Fairway Hills Drive
R -1 Residential
P.I.N.
Interlachen Drive
Unit
Assessment
Total
4600 FAIRWAY HILLS DR
10- 25600 - 010 -01
R -1 Residential
$ 873
P.I.N.
4601 FAIRWAY HILLS DR
Lot Equivalent
Unit
Assessment
$ 873
Total
1352 INTERLACHEN
DR
10-
25601
- 030 -03
4607 FAIRWAY HILLS DR
1
$
873
$
873
1376 INTERLACHEN
DR
10-
25601
- 030 -04
10- 25600 - 040 -01
1
$
873
$
873
1380 INTERLACHEN
DR
10- 25601
- 020
-04
1
$
873
$
873
1397 INTERLACHEN
DR
10-
25601
- 040
-01
1
$
873
$
873
1396 INTERLACHEN
DR
10-
25601
- 010
-05
1
$
873
$
873
1392 INTERLACHEN
DR
10- 25601
- 020
-05
1
$
873
$
873
1348 INTERLACHEN
DR
10-
25601
- 040
-03
1
$
873
$
873
1372 INTERLACHEN
DR
10-
25601
- 040
-04
1
$
873
$
873
1393 INTERLACHEN
DR
10-
25601
- 050 -01
1
$
873
$
873
1344 INTERLACHEN
DR
10-
25601
- 050
-03
1
$
873
$
873
1389 INTERLACHEN
DR
10-
25601
- 060
-01
1
$
873
$
873
1385 INTERLACHEN
DR
10-
25601 - 070 -01
1
$
873
$
873
1384 INTERLACHEN
DR
10-
25601 - 010
-04
1
$
873
$
873
1381 INTERLACHEN
DR
10-
25601
- 080
-01
1
$
873
$
873
1377 INTERLACHEN
DR
10-
25601
- 090
-01
1
$
873
$
873
1373 INTERLACHEN
DR
10- 25601
- 100
-01
1
$
873
$
873
1369 INTERLACHEN
DR
10- 25601-
110
-01
1
$
873
$
873
1365 INTERLACHEN
DR
10-
25601 - 120 -01
1
$
873
$
873
1361 INTERLACHEN
DR
10-
25601
- 130
-01
1
$
873
$
873
1360 INTERLACHEN
DR
10-
25601
- 010
-03
1
$
873
$
873
1357 INTERLACHEN
DR
10- 25601
- 140
-01
1
$
873
$
873
1356 INTERLACHEN
DR
10-
25601
- 020
-03
1
$
873
$
873
1353 INTERLACHEN
DR
10-
25601
- 150
-01
1
$
873
$
873
Subtotals
23
$
20,079
Fairway Hills Drive
R -1 Residential
P.I.N.
Lot Equivalent
Unit
Assessment
Total
4600 FAIRWAY HILLS DR
10- 25600 - 010 -01
1
$ 873
$ 873
4601 FAIRWAY HILLS DR
10- 25600 - 010 -02
1
$ 873
$ 873
4608 FAIRWAY HILLS DR
10- 25600 - 020 -01
1
$ 873
$ 873
4607 FAIRWAY HILLS DR
10- 25600 - 020 -02
1
$ 873
$ 873
4616 FAIRWAY HILLS DR
10- 25600 - 030 -01
1
$ 873
$ 873
4624 FAIRWAY HILLS DR
10- 25600 - 040 -01
1
$ 873
$ 873
4632 FAIRWAY HILLS DR
10- 25600 - 050 -01
1
$ 873
$ 873
4640 FAIRWAY HILLS DR
10- 25600 - 060 -01
1
$ 873
$ 873
4648 FAIRWAY HILLS DR
10- 25600 - 070 -01
1
$ 873
$ 873
4627 FAIRWAY HILLS DR
10- 25600 - 070 -03
1
$ 873
$ 873
4656 FAIRWAY HILLS DR
10- 25600 - 080 -01
1
$ 873
$ 873
4635 FAIRWAY HILLS DR
10- 25600 - 080 -03
1
$ 873
$ 873
1362 CAMELBACK DR
10- 25600 - 080 -04
1
$ 873
$ 873
4664 FAIRWAY HILLS DR
10- 25600 - 090 -01
1
$ 873
$ 873
5�-
4643 FAIRWAY HILLS DR
10- 25600 - 090 -03
1
$ 873
$ 873
4675 FAIRWAY HILLS DR
10- 25600 - 090 -04
1
$ 873
$ 873
4672 FAIRWAY HILLS DR
10- 25600 - 100 -01
1
$ 873
$ 873
4651 FAIRWAY HILLS DR
10- 25600 - 100 -03
1
$ 873
$ 873
4680 FAIRWAY HILLS DR
10- 25600 - 110 -01
1
$ 873
$ 873
4688 FAIRWAY HILLS DR
10- 25600 - 120 -01
1
$ 873
$ 873
4696 FAIRWAY HILLS DR
10- 25600 - 130 -01
1
$ 873
$ 873
4700 FAIRWAY HILLS DR
10- 25601 - 010 -02
1
$ 873
$ 873
4704 FAIRWAY HILLS DR
10- 25601 - 020 -02
1
$ 873
$ 873
Subtotals
23
$ 20,079
NO:
Saint Andrew
Boulavard
R -1 Residential
P.I.N.
Lot Equivalent
Unit
Assessment
Total
1334 STAN DREW BLVD
10-
25600 -
010 -03
1
$
873
$
873
1395 ST ANDREW BLVD
10-
25600 -
010 -05
1
$
873
$
873
1322 ST ANDREW BLVD
10-
25600 -
020 -03
1
$
873
$
873
1391 ST ANDREW BLVD
10-
25600-
020 -05
1
$
873
$
873
1314 ST ANDREW BLVD
10-
25600 -
030 -03
1
$
873
$
873
1387 ST ANDREW BLVD
10-
25600 -
030 -05
1
$
873
$
873
1307 ST ANDREW BLVD
10-
25600 -
040 -02
1
$
873
$
873
1303 ST ANDREW BLVD
10- 25600 - 030 -02
1
$
873
$
873
1310 ST ANDREW BLVD
10-
25600 - 040 -03
1
$
873
$
873
1383 ST ANDREW BLVD
10-
25600 -
040 -05
1
$
873
$
873
1311 ST ANDREW BLVD
10-
25600 -
050 -02
1
$
873
$
873
1306 STAN DREW BLVD
10- 25600 -
050 -03
1
$
873
$
873
1379 ST ANDREW BLVD
10- 25600 - 050 -05
1
$
873
$
873
1315 ST ANDREW BLVD
10- 25600 - 060 -02
1
$
873
$
873
1302 ST ANDREW BLVD
10- 25600
- 060
-03
1
$
873
$
873
1375 STAN DREW BLVD
10- 25600 - 060 -05
1
$
873
$
873
1319 ST ANDREW BLVD
10-
25600
- 070
-02
1
$
873
$
873
1371 ST ANDREW BLVD
10-
25600
- 070
-05
1
$
873
$
873
1323 ST ANDREW BLVD
10-
25600
- 080
-02
1
$
873
$
873
1367 STAN DREW BLVD
10-
25600
- 080
-05
1
$
873
$
873
1327 ST ANDREW BLVD
10- 25600
- 090
-02
1
$
873
$
873
1363 ST ANDREW BLVD
10-
25600
- 090
-05
1
$
873
$
873
1331 ST ANDREW BLVD
10-
25600-
100
-02
1
$
873
$
873
1394 ST ANDREW BLVD
10-
25600 - 100 -04
1
$
873
$
873
1359 ST ANDREW BLVD
10-
25600
- 100
-05
1
$
873
$
873
1335 ST ANDREW BLVD
10-
25600
- 110
-02
1
$
873
$
873
1390 ST ANDREW BLVD
10-
25600
- 110
-04
1
$
873
$
873
1355 ST ANDREW BLVD
10-
25600 - 110
-05
1
$
873
$
873
1339 ST ANDREW BLVD
10-
25600
- 120
-02
1
$
873
$
873
1386 ST ANDREW BLVD
10-
25600
- 120
-04
1
$
873
$
873
1351 ST ANDREW BLVD
10-
25600
- 120
-05
1
$
873
$
873
1389 CAMELBACK DR
10- 25600
- 130
-02
1
$
873
$
873
1382 ST ANDREW BLVD
10-
25600
- 130
-04
1
$
873
$
873
1347 ST ANDREW BLVD
10- 25600
- 130
-05
1
$
873
$
873
1378 ST ANDREW BLVD
10-
25600
- 140
-04
1
$
873
$
873
1374 ST ANDREW BLVD
10-
25600
- 150
-04
1
$
873
$
873
1370 ST ANDREW BLVD
10-
25600
- 160
-04
1
$
873
$
873
1354 ST ANDREW BLVD
10- 25600
- 170
-04
1
$
873
$
873
Subtotals
38
$
33,174
NO:
Camelback Drive
R -1 Residential
P.I.N.
Lot Equivalent
Unit
Assessment
Total
1390 CAMELBACK DR
10- 25600 - 010 -04
1
$ 873
$ 873
1386 CAMELBACK DR
10- 25600 - 020 -04
1
$ 873
$ 873
1382 CAMELBACK DR
10- 25600 - 030 -04
1
$ 873
$ 873
1378 CAMELBACK DR
10- 25600 - 040 -04
1
$ 873
$ 873
1374 CAMELBACK DR
10- 25600 - 050 -04
1
$ 873
$ 873
1370 CAMELBACK DR
10- 25600 - 060 -04
1
$ 873
$ 873
1366 CAMELBACK DR
10- 25600 - 070 -04
1
$ 873
$ 873
1365 CAMELBACK DR
10- 25600 - 110 -03
1
$ 873
$ 873
1369 CAMELBACK DR
10- 25600 - 120 -03
1
$ 873
$ 873
1373 CAMELBACK DR
10- 25600 - 130 -03
1
$ 873
$ 873
1393 CAMELBACK DR
10- 25600- 140 -02
1
$ 873
$ 873
1377 CAMELBACK DR
10- 25600 - 140 -03
1
$ 873
$ 873
1400 CAMELBACK DR
10- 25600 - 140 -05
1
$ 873
$ 873
1397 CAMELBACK DR
10- 25600 - 150 -02
1
$ 873
$ 873
1381 CAMELBACK DR
10- 25600 - 150 -03
1
$ 873
$ 873
1385 CAMELBACK DR
10- 25600 - 160 -03
1
$ 873
$ 873
4640 PILOT KNOB RD
10- 25601 - 010 -01
1
$ 873
$ 873
4650 PILOT KNOB RD
10- 25601 - 020 -01
1
$ 873
$ 873
4660 PILOT KNOB RD
10- 25601 - 030 -01
1
$ 873
$ 873
4670 PILOT KNOB RD
10- 25600 - 010 -00
1
$ 873
$ 873
Subtotals
20
1 $ 17,460
TOTAL SF LOT Equivalents 1 139 1 1 $ 121,347
Community Park
P.I.D.
Front Foot
Rate /F.F.
Total Assmt
George Ohmann Park (City)
10- 25601 - 040 -00
324.91
$ 11.36
$ 3,691
TOTAL ASSESSMENTS I $ 125,038
97
N
Fairway Hills
*City of Eap Street Revitalization - Project 1040 Fig. 1
Engineering Department Location Map
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60' ROW
3" BITUMINOUS SURFACE
6" CL. 5 AGGREGATE BASE
Existing Typical Section
EDGE MILL
(6' —B' wide) Typ.
EX. D412 & SURMOUNTABLE
CURB & GUTTER
28' -32' ( F —F
11/ TYPE 2360 BITUMINOUS OVERLAY
REPLACE EX. CURB &
GUTTER AS DIRECTED
BITUMINOUS TACK COAT
3" BITUMINOUS SURFACE
6" CL. 5 AGGREGATE BASE
Bituminous Street Overlay
Proposed Typical Section
10 -27 -20101
Fairway Hills
City Of Eap Street Revitalization - Project 1040 Fig. 3
Engineering Department Typical Sections
FAIRWAY HILLS ADDITION
Street Revitalization
City Project No. 1040
Informational Neighborhood Meeting - Minutes
6:30 P.M. Tuesday, December 28, 2010
City Hall — Eagan Room
Attendance: John Gorder, Assistant City Engineer, 4 property owner representing 3 properties
(see attached sign -in sheet).
A. Presentation of Project Details
• Gorder welcomed the property owners and presented project information, including
details such as construction, costs, schedule and assessments.
B. Questions/ Comments
• Have previous projects like this one been delayed? Only for reasons of coordinating
with other nearby improvements, which is not the case in this project. The street
pavements in the neighborhood have reached an age where, based on the City's past
experience, the integrity of the pavement can rapidly decline if no improvements are
performed. The overall pavement condition is 47 on a condition scale of 1 -100, a
condition where a mill & overlay is the best rehabilitation method to preserve the
integrity and extend the life of the existing pavement.
• Cypress Point was built later than the other streets. Why is it included with this
project? City records show that Cypress Point was constructed in 1991, while the other
streets were built in 1987, so all streets in the neighborhood are in the 20 to 25 year age,
which is the general life expectancy for streets before rehabilitation is needed. Also, the
City wishes to keep neighborhood pavements in similar condition, and economies of
scale are achieved in completing the improvements to all streets in a neighborhood at one
time.
• Oil prices are on the rise. What happens if the blacktop and assessment costs go
beyond the estimate? If the contractor bids are more than 10% than the estimate, it is the
City's policy to hold another public hearing for the project. Notification will be mailed to
the affected properties if this occurs.
• How are the projects advertised to contractors? Legal notice of the bid is through
Dakota County Tribune/ Eagan ThisWeek. We also utilize free electronic advertising
services through MnDOT and QuestCDN.
The meeting adjourned at 7:00 p.m.
I�
NEIGHBORHOOD MEETING
Project 1040, Contract 11 -01
Fairway Hills
City of Eagan Tuesday, December 28, 2010
6:30 p.m.
NAME
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2. �izY
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3. � ,
ADDRESS
L Q r-Qa P� ul
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
G:FORMS /SIGN- IN.SHT
)a'I-
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
D. PROJECT 1045, GALAXIE CLIFF PLAZA (PLAZA DRIVE)
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Project 1045, Galaxie Cliff Plaza (Plaza
Drive - Street Improvements) as presented and authorize the preparation of detailed plans
and specifications.
FACTS:
• Since 1990, the City has implemented a comprehensive Pavement Management
Program that provides timely pavement rehabilitation to our local streets, significantly
extending their overall life expectancy. During these past 21 years, the City has
rehabilitated approximately 161 miles of local streets.
• The resurfacing of the 0.4 mile of Plaza Drive within the Galaxie Cliff Plaza mixed -
use neighborhood in southeast Eagan has been programmed for 2011 in the City's 5-
Year Capital Improvement Program.
• On June 1, 2010 the City Council directed staff to prepare a feasibility report
considering a rehabilitation of these streets.
• On December 7, 2010, the feasibility report for Project 1045 was presented to the City
Council and a Public Hearing was scheduled for January 4 to formally present and
discuss the report with the adjacent property owners.
• An informational neighborhood meeting was held on December 28 for the adjacent
property owners to discuss the proposed improvements. Of the 13 total properties (7
single - family residential lots, 6 commercial/ industrial) proposed to be assessed under
this improvement, no one attended the meeting.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this public hearing.
ATTACHMENTS:
• Feasibility Report, p through / _ a _�
105
,�` - P � y „y -„- ! ' i • , ' ° =,�r - , :mow r -'� � *,. �.- � , ,
10 1
Vz
City of Ea�an
Mike Maguire
Mayor
Paul Bakken
Cyndee Fields
Gary Hansen
Meg Tilley
Council Members
Thomas Hedges
City Administrator
Municipal Center
3830 Pilot Knob Road
Eagan, MN 55122 -1810
651.675.5000 phone
651.675.5012 fax
651.454.8535 TDD
Maintenance Facility
3501 Coachman Point
Eagan, MN 55122
651.675.5300 phone
651.675.5360 fax
651.454.8535 TDD
Sincerely,
John P. Gorder
Assistant City Engineer
I hereby certify that this report was
prepared by me or under my direct
supervision and that I am a duly
Licensed Professional
Engineer under the laws of the State of
Minnesota.
John P. Gorder
Reviewed By { r
www.cityofeagan.com
Dept. of Public Works Date:
Reviewed By:
Fin ance Dept.
The Lone Oak Tree
The symbol of
strength and growth
December 29, 2010
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Galaxie Cliff Plaza Street Revitalization
City Project No. 1045
Dear Mayor and City Council:
Attached is our report for the Galaxie Cliff Plaza Street Revitalization, City Project No. 1045.
The report presents and discusses the proposed improvements and includes a cost estimate,
preliminary assessment roll and schedule.
We would be pleased to meet with the City Council at your convenience to review and
discuss the contents of this report.
Date: I '� / � // G)
in our community. /T7
TABLE OF CONTENTS
Page
Introduction /History .................................................................... ............................... 1
Scope........................................................................................... ............................... 2
Feasibility and Recommendations ................................................ ............................... 2
StreetEvaluation .......................................................................... ............................... 3
ProposedImprovements .............................................................. ............................... 4
Easements /Permits ...................................................................... ............................... 5
CostEstimate ............................................................................... ............................... 6
Assessments................................................................................ ............................... 6
Assessment Financing Options ..................................................... ............................... 8
RevenueSource ........................................................................... ............................... 9
ProjectSchedule .......................................................................... ............................... 9
LIST OF APPENDICES
Appendix A
Preliminary Cost Estimate
Appendix B
Preliminary Assessment Roll
Appendix C
Figures - 1 Location Map
- 2 Street Improvement /Assessment Area Map
- 3 Typical Sections — Mill/ Overlay
lost
December 2010
Neighborhood Street Revitalization
Galaxie Cliff Plaza (Plaza Drive)
Eagan, Minnesota
Introduction /History
Streets - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates
streets within the community throughout their life cycle and implements appropriate
maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that
allowed the City to evaluate the condition of the existing pavement surface for all the streets on
a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program
(CIP) for street rehabilitation is developed from this information.
The nearly 0.4 mile of local street, Plaza Drive, in southwest Eagan is identified for the 2011
street revitalization improvements. Figure 1, located in Appendix C, illustrates the project
location. The street in this mixed commercial/ industrial/ residential area was constructed in
1991.
Based on the data and engineering strategies available at this time, the City's current PMP
incorporates local and ongoing maintenance strategies with seal coating occurring as needed
(at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years.
Overlaying the roadway located within the project area, which is presently at the 20 year time
frame, will prevent further decay of the pavement surface, thus protecting and extending the
structural life of the streets.
Galaxie Cliff Plaza
A n 1
Timely maintenance work, such as bituminous patching, crack sealing and seal coating have
occurred at appropriate intervals during the life of the pavement in the area. The City of
Eagan's maintenance records indicate that Plaza Drive was seal coated in 1996 and 2006.
The Public Works maintenance program typically includes extensive patching and crack sealing
during the summer prior to the overlay. The Public Works crews, as part of the Preparatory
Pavement Management Plan, removed and replaced deteriorated pavement areas and placed
leveling and maintenance overlays on portions of the streets under consideration, where
necessary. These repairs alone will not substantially extend the life expectancy of the street
section if not combined with the bituminous overlay proposed with this project.
The Public Works Department has also inspected the utility infrastructure (sanitary sewer,
water main, and storm sewer) in the project area and determined the system is in good
working order and that no major repairs are necessary.
Scope
This project will provide resurfacing (edge mill and overlay) for approximately 1,800 ft of Plaza
Drive. Figure 1, located in Appendix C, illustrates the project limits.
Included in this project are the following improvements; replacement of damaged curb and
gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate
valves, concrete entrance apron replacement/ repair, and street signage.
Feasibility and Recommendations
This street improvement is necessary to maintain and enhance the structural integrity of the
pavement section, create a safer driving surface, and increase ride ability.
Galaxie Cliff Plaza
)/D D 2
This project is cost effective in that the proposed improvements (edge mill and overlay) is
considerably less expensive than complete reconstruction of the street.
The proposed project is feasible in that this type of improvement have been used successfully
to extend the life expectancy of numerous other streets throughout the City and the region.
This project is in accordance with the Five Year Capital Improvement Plan (2011— 2015) for the
City of Eagan and the schedule as outlined in the Pavement Management Program. It is
recommended that the project be constructed as proposed in this report in combination with
other similar projects in the area.
Street Evaluation
The City of Eagan's Pavement Management System allows the City to evaluate the condition of
the existing street surface to help schedule timely maintenance and improvements. The
Pavement Condition Index (PCI) ranks the surface condition for each street. The general
categories that define PCI rankings are as follows:
PCI
Recommended Improvement
56-100
Routine Maintenance /Crack Seal /Seal Coat
36-55
Patch /Repair and /or Overlay
0-35
Reconstruct/ Reclaim
The 2010 PCI rankings for the street segments have a weighted average pavement condition
rating of 54 for Plaza Drive, which falls in the rankings of the "Patch /Repair and /or Overlay"
category, as mentioned above. The street pavement has reached an age where, based on the
City's past experience, the integrity of the pavement can rapidly decline if no improvements are
performed. Therefore, the 2011 construction season is the optimal time to construct the
Galaxie Cliff Plaza
11 ) 3
bituminous overlay on this street. Any delay of the project may reduce the structural benefit to
the street sections and require full reconstruction.
Proposed Improvements
Pavement - The proposed street
improvements for Plaza Drive are shown
in Figure 3. The existing street section for
this 36 -feet wide roadway consists of 4.5"
bituminous pavement supported by 9"
gravel base. The existing bituminous
surface will be milled adjacent to the
existing curb and gutter (6' -8' wide) to
accommodate a 1% -inch bituminous
overlay. The overlay, combined with the existing street section, will provide a street section
consistent with current City standards for a mixed -usage street. The combination of patching
and overlay will not eliminate cracking due to the temperature extremes experienced in
Minnesota. Bituminous overlays will show some continued frost movements and reflective
cracking consistent with the underlying pavement. Routine maintenance will still need to
continue under the City's Pavement Management Program.
Concrete curb & gutter - Damaged curb &
gutter will be replaced if severely cracked,
spalled, or settled. It is estimated that
approximately 6% of the existing concrete
curb and gutter will have to be replaced.
Boulevard turf will be removed and replaced.
While the contractor who performs the work
is responsible for its establishment in the first
30 days after placement, adjacent property
Galaxie Cliff Plaza
11 -�4
owners are encouraged to consistently water the new turf, where possible, to help ensure its
growth.
Driveway Replacement - Some of
the properties along Galaxie /Cliff
Plaza were constructed with
bituminous driveway entrances and
are proposed to be replaced. The
entrances will be reconstructed with
7" -thick concrete entrance aprons in
accordance with Eagan Standard
Detail 440. This driveway entrance
replacement provides commercial
entrances of adequate strength and width and is consistent with similar past projects in
commercial/ industrial areas throughout the City and the other properties within the project
area.
Signage - All traffic control and street identification signage within the project limits will be
replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no
longer meeting City and State standards.
Easement /Permits
All work will be in the public right -of -way. No additional easements will be necessary. It is
anticipated that no permits will be required for the resurfacing project.
Galaxie Cliff Plaza
I ��5
Cost Estimate
Detailed cost estimates are located in Appendix A. The estimates are based on anticipated
2011 construction costs and include a 5% contingency and indirect cost of 30 %, which include
legal, administration, engineering, and bond interest. A summary of the costs is as follows:
Galaxie /Cliff Plaza
• Mill/ Overlay w/ Signage ......................... ............................... $ 70,600
• Repair Existing Concrete Curb & Gutter /Sidewalk ................ $ 13,600
• Concrete Entrance Replacement ............ ............................... $36,100
Total ............................................ ............................... $ 120,300
Assessments
Assessments are proposed to be levied against the benefited properties for the total
improvement with costs allocated in accordance with the City of Eagan's Special Assessment
Policy for a mill and overlay improvement for a mixed -use street. All assessments will be revised
based on final costs. A preliminary assessment roll is included in Appendix B.
City Special Assessment Policy
Assessment Ratio
Property City
Mill and Overlay — Residential (R1, 2, 3) 50% 50%
Mill and Overlay — Commercial /Industrial 100% 0%
Repair Existing Concrete Curb & Gutter 0% 100%
Concrete Entrance Replacement
100%
0%
Galaxie Cliff Plaza
Iq 6
Street Improvements - Low Density Residential (R -1, 2, 3) All single - family residential
equivalent properties (7 Single - Family, Oakpointe of Eagan) as shown on Figure 2, having access
on to Plaza Drive via private street (Ridgecrest Circle), are proposed to be assessed based on
the amount of front footage adjacent to the project improvements. The City's Assessment
Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-
1, R -2, R -3) based on a normal residential width street, 32 feet. The estimated cost per
residential lot equivalent to be assessed based on the City Assessment Policy is $775 per Single
Family Lot and is calculated as follows:
641 F. F.
1) % Low Density Residential Frontage = = 17.3%
3,697 F. F.
32 ft
2) $70,600 (Mill & Overlay and Signage Cost) x 50% x 36 ft x 17.3%
_ $5,430 [Total Residential Assessment (111,2,3)]
3) $5,430 (Total Residential Assessment) _ $775
7 Single Family Residential Lots Single Family Lot
Street Improvements — Commercial/ Industrial/ Public Facility - All commercial and industrial
lots as shown on Figure 2, adjacent to Plaza Drive within the project area are proposed to be
assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are
assessable for commercial/ industrial streets, regardless of width. The estimated cost to be
assessed based on the City Assessment Policy is $2,560/ net acre and is calculated as follows:
1,873 F. F.
1) %Commercial /Industrial = = 50.7%
3,697 F. F.
2) $70,600 (Mill & Overlay and Signage Cost) x 50.7%
_ $ 35,800 (Total Commerical /Industrial Assessment)
3) $35,800 (Commerical /Industrial Assessment) _ $2,560
14 Acres Commericial /Industrial Net Acre
ale Cliff Plaza
7
The remaining Galaxie /Cliff Plaza frontage within the project area (1,183 front feet or 32.0 %) is
either sideyard or backyard property with no driveway accesses, and therefore, not assessable
under the City's Assessment Policy.
Driveway Entrance Replacement - All adjacent commercial/ industrial properties with
driveways not to current City standards are proposed to be assessed the total cost of driveway
entrance replacement improvements on the area of driveway installed. The total driveway
improvement assessment per lot is calculated based on the individual requirements needed to
replace existing bituminous entrances with concrete entrances in accordance with current City
standards. The estimated cost of driveway replacement is approximately $99 per square yard
replaced.
Assessment Financing Options
The property owner will have the option at the time of the assessment hearing to pay the full
assessment or include the assessment in with their property tax statement. If the assessment is
included with the property tax statement, the assessment will be spread over five years for
residential and ten years for commercial/ industrial with the interest determined by the results
of the bond sale used to finance the improvements. The following payment schedules are
examples with an estimated 5.0% interest for the assessed amounts:
Single Family Residential Lot = $775
j Principal Per Year j Interest Per Year
First Year
I Fifth Year
Commercial/ Industrial = per $1,000 Assessment
j Principal Per Year
First Year $100
j Tenth Year $100
$155
$155
$42
$8
Interest Per Year
j $50
$5
Cost Per Year
_ - $150
G�ji e Cliff Plaza
J 8
Cost Per Year
$197
$163
$105
Revenue Source
A summary of revenue sources is listed below:
The City's Major Street Fund will finance the estimated project deficit of $ 43,000 (36% of
total).
Proiect Schedule
Present Feasibility Report to City Council/
Order Public Hearing .......................... ............................... .......................December 7, 2010
Project Cost
Property Assessment
City Contribution
Mill and Overlay (Including Signage)
$ 70,600
$ 41,200
$ 29,400
Repair Existing Curb /sidewalk
$ 13,600
0
$ 13,600
Concrete Entrances
$36,100
La6 100
0
Totals
$ 120,300
$ 77,300
$ 43,000
The City's Major Street Fund will finance the estimated project deficit of $ 43,000 (36% of
total).
Proiect Schedule
Present Feasibility Report to City Council/
Order Public Hearing .......................... ............................... .......................December 7, 2010
Informational Meeting ..................... ............................... .......................December
28, 2010
Public Hearing ....................................... ............................... ........................January
4, 2011
Approve Plans and Specifications .................................. ...............................
February, 2011
AwardContract .................................................................. ...............................
March, 2011
Project Completion ........................................................... ...............................
August, 2011
Final Cost Report .................................... ............................... .....................September,
2011
Final Assessment Hearing ............................. ............................... ..........................Fall,
2011
First Payment Due with Property Tax Statement ............ ...............................
May 15, 2012
� a ie Cliff Plaza
J-7 9
Appendix A
Galaxie /Cliff Plaza Street Improvements
City Project 1045
Part I - Bituminous Street Overlay
Est
Unit
Estimated
Item No.
I Item
I Unit
I Qty
Price
Cost
Part I - Bituminous Street Overlay
Est
Unit
Estimated
2021.501
Mobilization
LS
1
$ 5,000.00
$
5,000
2232.501
Mill Bituminous Pavement (1 1/4" depth)
SY
2,460
$ 0.65
$
1,599
2350.501
Type LVWE45030B Wearing Course Mixture
TON
584
$ 55.00
$
32,120
2350.505
Type LVWE350308 Wear Course - Street Patch
TON
10
$ 100.00
$
1,000
2357.502
Bituminous Material for Tack Coat
GAL
350
$ 4.00
$
1,400
2504.602
Adjust Frame and Ring Casting (Manhole)
EA
16
$ 400.00
$
6,400
2504.602
Adjust Manhole Casting - Riser Adjustment
EA
1
$ 185.00
$
185
2504.602
Adjust Water Valve Box
EA
5
$ 125.00
$
625
2504.602
Repair Gate Valve Mid Section
EA
1
$ 155.00
$
155
2504.602
Repair Gate Valve Top Section w/ Cover
EA
2
$ 175.00
$
350
SP -1
Signage Remove & Replace
LS
1
$ 1,900.00
$
1,900
2563.601
Traffic Control
LS
1
$ 1,000.00
$
1,000
Subtotal $ 51,734
5% Contingency $ 2,587
Subtotal $ 54,321
30% Indirect Costs $ 16,296
Part I - Bituminous Street Overlay $ 70,617
Part II - Repair Existing Curb & Gutter
Est
Unit
Estimated
Item No.
I Item
I Unit
I Qty
Price
Cost
Part II - Repair Existing Curb & Gutter
2104.501
Remove Concrete Curb & Gutter
LF
200
$
6.00
$
1,200
2104.505
Remove Concrete Valley Gutter
SY
8
$
10.00
$
80
2211.501
Aggregate Base, Cl. 5 (100% Crushed)
TON
10
$
15.00
$
150
2350.505
Type LVWE45030B Wear Course - Street Patch
TON
18
$
100.00
$
1,800
2504.602
Repair Residential Sprinkler Head
EA
3
$
100.00
$
300
2504.602
Repair Sprinkler System
EA
1
$
250.00
$
250
2506.602
Adjust Frame & Ring Casting (CB)
EA
5
$
250.00
$
1,250
2506.602
Install 2 x 3 CB Erosion Barrier Shroud
EA
2
$
100.00
$
200
2531.501
Concrete Curb & Gutter B618
LF
200
$
16.00
$
3,200
2531.604
Concrete Valley Gutter
SY
8
$
60.00
$
480
2540.602
Repair Residential Landscaping
EA
1
$
170.00
$
170
2573.530
Storm Drain Inlet Protection
EA
2
$
125.00
$
250
2575.505
Sodding, Type Lawn (Highland)
SY
60
$
7.00
$
420
2575.551
Compost /Topsoil Mixture
TON
9
$
20.00
$
180
Subtotal
5% Contingency
Subtotal
30% Indirect Costs
Part 11 - Repair Existing Curb & Gutter
$ 9,930
$ 497
$ 10,427
$ 3,128
$ 13,554
)1�
Part III - Concrete Entrance Aprons
$
26,479
Est
Unit
Estimated
Item No.
Item
Unit
Qty
Price
Cost
Part III - Concrete Entrance Aprons
$
26,479
5% Contingency
$
1,324
Subtotal
2104.501
Remove Concrete Curb & Gutter
LF
180
$
6.00
$
1,080
2104.505
Remove Concrete Valley Gutter
SY
80
$
10.00
$
800
2104.505
Remove Concrete Driveway
SY
15
$
10.00
$
150
2104.505
Remove Bituminous Pavement
SY
349
$
4.75
$
1,658
2105.501
Common Excavation
CY
31
$
18.75
$
581
2211.511
Aggregate Base, CL. 5 (100% Crushed)
TON
13
$
15.00
$
195
2350.505
Type LVWE45030B Wear Course -Patch
TON
18
$
100.00
$
1,800
2506.602
Adjust Frame & Ring Casting (Manhole)
EA
1
$
400.00
$
400
2531.501
B612 Conc Curb & Gutter
LF
10
$
15.00
$
150
2531.503
7" Conc Apron Incl. Curb & Gutter (High - Early)
SY
366
$
55.00
$
20,130
2575.505
Sodding
SY
61.6
$
7.00
$
431
2575.551
Compost /Topsoil Mixture
TON
9.2
$
20.00
$
184
Subtotal
$
26,479
5% Contingency
$
1,324
Subtotal
$
27,803
30% Indirect Costs
$
8,341
Part III - Concrete Entrance Aprons
$
36,144
Part I - Bituminous Street Overlay
$
70,617
Part II - Repair Existing Curb & Gutter
$
13,554
Part III - Concrete Entrance Aprons
$
36,144
Project Total Cost
$
120,315
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I a4
Agenda Information Memo
January 4, 2011 Eagan City Council Meeting
A. RESOLUTION CEDAR BUS RAPID TRANSIT (BRT) — CITY OF
EAGAN
ACTION TO BE CONSIDERED:
To APPROVE a resolution in support of the Cedar Avenue BRT Implementation Plan
Update.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The Dakota County Regional Rail Authority (RRA) adopted the 2010 Cedar Avenue
Transitway Implementation Plan Update (2010 IPU) Report on December 21, 2010.
➢ The report represents an 18 -month effort in creating a framework for the continued
development of the Cedar Ave Transitway.
➢ The 2010 IPU is intended to guide the next stages of Transitway development.
➢ The next step is securing resolutions of support from the communities and
organizations located along the Transitway.
ATTACHMENTS: (2)
Resolution on pages 'a ( throu .ham
Background information on pages Jg F through 13a_
CITY OF EAGAN
A RESOLUTION IN SUPPORT OF THE
CEDAR AVENUE BUS RAPID TRANSIT CORRIDOR
2010 TRANSITWAY IMPLEMENTATION PLAN UPDATE
WHEREAS, the Cedar Avenue Transitway is an important transportation corridor serving the
City of Eagan; and
WHEREAS, the City of Eagan supports the development and implementation of bus rapid
transit within the Cedar Avenue Transitway; and
WHEREAS, on February 24, 2009, the Dakota County Regional Railroad Authority (Authority)
authorized the update of the 2005 Cedar Avenue Transitway Implementation Plan (2005 IPU);
and
WHEREAS, the primary purpose of the 2010 Cedar Avenue Transitway Implementation Plan
Update (2010 IPU) is to guide the development of the Cedar Avenue Transitway between years
2010 and 2030; and
WHEREAS, the 2010 IPU is an update to the 2005 IPU and takes into consideration recent
developments along the transitway including Urban Partnership Agreement investments, city and
county comprehensive planning activities, and expanded community transit planning; and
WHEREAS, the 2010 IPU reexamines elements of the transitway in order to guide the next
stages of Cedar Avenue Transitway development; and
WHEREAS, the development of findings and recommendations from the 2010 IPU entailed
coordination with multiple partners and stakeholders including the Metropolitan Council,
Minnesota Valley Transit Authority, Metro Transit, Minnesota Department of Transportation and
the Cities of Bloomington, Eagan, Apple Valley, Lakeville, Rosemount, Burnsville and
Farmington through representatives to the Project Management Team, the Cedar Group and the
Technical Advisory Committee (TAC); and
WHEREAS, the Authority authorized the release of the Draft 2010 Cedar Avenue Transitway
Implementation Plan Report for not less thirty days on July 13, 2010 to further engage the public
and solicit comments on the Draft 2010 IPU Report; and
WHEREAS, City of Eagan submitted comments for consideration into the final document
particularly with respect to the need to accelerate the analysis and implementation of the BRT
access plan for the Cedar Grove Transit Station; and
WHEREAS, Dakota County staff prepared responses to comments received for the Authority's
consideration and for inclusion into the final report on September 14, 2010; and
WHEREAS, the Dakota County Regional Rail Authority adopted the final report on December
14, 2010, and
lQ /
WHEREAS, City of Eagan supports the findings of the 2010 IPU with the caveat that the long
term success of the Cedar BRT in Eagan depends upon the timely and prompt analysis and
implementation of BRT access improvements for the Cedar Grove Transit Station.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan,
Minnesota, hereby supports the 2010 Cedar Avenue Transitway Implementation Plan Update
Report as presented on January 4, 2011.
ADOPTED by the Council this 4th Day o0anuary, 2011.
Mike Maguire, Mayor
ATTEST:
Mira Broyles, Deputy City Clerk
Ja7
Jon Hohenstein
From: Hoffmann, Jeanne [ Jeanne. Hoffman n @CO. DAKOTA. MN.US] on behalf of Cedar Avenue
[CedarAvenue @CO. DAKOTA. MN. US]
Sent: Tuesday, December 21, 2010 9:42 AM
Subject: Cedar Avenue IPU is now posted .....
Attachments: Draft Resolution Template.doc
Good Morning Members of the Cedar Group and Technical Advisory Committee... The message below was sent to you last
week... The 2010 Cedar Avenue Transitway Implementation Plan Update Report is now on our website. You can access it here.
http: / /www.co.dakota.mn.us/ Departments /Transit /CedarHistory /Plans.htm
Also, at the bottom of this e-mail is the template for the Resolution of Support. If you have any questions, please contact Sam
O'Connell at 952 - 891 -7105.
The Dakota County Regional Railroad Authority (RRA) adopted the 2010 Cedar Avenue Transitway Implementation Plan Update
Report at today's RRA meeting. This report represents an 18 -month effort in creating a framework for the continued development
of the transitway. Thank you for bringing your skills, questions, challenges and creativity to the planning process. Your help has
clearly made this document a far more meaningful and robust plan. We will be putting final publishing touches on the document
and make it available electronically, via the county's web site, by Thursday for your reference. We will send a notice out with the
web site address on Thursday to access the document.
Our next step will be secure resolutions of support from communities and organizations along the transitway. As requested at our
last TAC meeting, you will find a draft resolution template that may be edited /modified by your organization to support the 2010
Cedar Avenue Transitway Implementation Plan Update Report.
County staff will also be available to make presentations on the final report should you feel that would be helpful in your process. If
so, please free to contact me to make arrangements.
Again, thank you for your time and willingness to the support the development of the Cedar Avenue Transitway.
Salima "Sam" O'Connell, AICP
Sr. Transit Specialist
Dakota County
Physical Development Division
14955 Galaxie Avenue
Apple Valley, MN 55124
Phone: 952.891.7105
sam.oconnell @co.dakota.mn.us
The Dakota County Regional Railroad Authority (Authority) selected bus rapid transit as the best option and
locally preferred alternative (LPA) for Cedar Avenue Transitway following an extensive evaluation of transit
and highway alternatives and substantial public input in 2004. Bus rapid transit (BRT) was chosen because it
combines the flexibility of buses with the frequency, speed and reliability of both commuter rail and light rail
transit (LRT). BRT was also chosen for its ability to be implemented in phases.
While previous transitway documentation provides a useful order of magnitude, there is also a need to more
accurately quantify the expected benefits of the transitway. Given the availability of more detailed land -use
projections within the transitway and regional transportation network changes, a need to update the previous
ridership estimates and transitway station assumptions existed. In addition, the following factors of influence
have created the need to reassess the transitway's 2005 Implementation Plan:
Urban Partnership Agreement funding that has advanced transitway development;
Updated 2030 socio- economic and demographic projections; and
A new source of regional transitway funding from the Counties Transit Improvement Board.
The 2010 Cedar Avenue Transitway Implementation Plan Update (2010 IPU) reexamines the following
elements of the Transitway in order to guide the next stages of Transitway development:
• Service plan;
• Ridership;
• Vehicle fleet;
• Station, park- and -ride, layover, and fleet storage and maintenance facilities;
• Station amenities;
• Technology enhancements;
• Pedestrian and bike facilites;
• Integration with the regional transit system;
• Capital and annual operating and maintenance costs; and
• Implementation and financial plan.
The 2010 IPU is a planning -level document and provides a framework to guide the development of the Cedar
Avenue Transitway between years 2010 and 2030. It is anticipated that the 2010 IPU will be updated every
five years as events and conditions within the Transitway may impact the development and /or
implementation of transit services and facilities.
The full 2010 IPU can be downloaded at:
www.co.dakota.mn.us / Departments /Transit /CedarHistory /Plans.htm
For More Information:
Sam O'Connell, AICP
Dakota County Transit Office
14955 Galaxie Avenue
Apple Valley, MN 55124
sam.oconnell @co.dakota.mn.us
ph: 952.891.7105
2010 Cedar Avenue Transitway Implementation Plan Update
Demlr 2010
2030 Cedar Avenue Transitway Vision
@u>-1 &M, 6�1111116
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2010 Cedar Avenue Transitway implementation Plan Update
De cT 2 5 010
Agenda Information Memo
January 4, 2011
B. APPROVE COMMENTS ON THE ENVIRONMENTAL ASSESSMENT
FOR PROPOSED IMPROVEMENTS AT MINNEAPOLIS -ST. PAUL
INTERNATIONAL AIRPORT
ACTION TO BE CONSIDERED: To approve comments on the Environmental
Assessment for proposed improvements at MSP International Airport
FACTS:
• The Metropolitan Airports Commission (MAC) has invited communities to comment on the
proposed Environmental Assessment (EA) for improvements proposed as part of the 2030
MSP Long Term Comprehensive Plan.
• The EA process provides an opportunity to comment on the runway use assessments that will
be included in the environmental review process, and the comments proposed continue
Eagan's long standing position that operations should be concentrated and maximized within
the Eagan/Mendota Heights Corridor.
• The letter also positions the City as the FAA and MAC enter the process of redesigning the
airspace around MSP Airport using Area Navigation (RNAV) technology.
• Comments to the EA must be submitted by January 6. Given the brevity of the comment
period, there was not an opportunity for the Eagan Airport Relations Commission to formally
review the letter; however, the commissioners have been provided a copy of the draft letter
and will have an opportunity to discuss it at their January 11 commission meeting.
ATTACHMENTS:
• Enclosed on pages and,_Ja is the proposed letter to the MAC with comments on
the Environmental Assessment for proposed terminal and landside improvements at MSP
Airport.
/3/
4 Clety of Ea�an
Mike Maguire
Janes, 4, 2011
Mayor
Paul Bakken
Metropolitan Airports Commission
Cyndee Fields
Attn: Mr. Roy Fuhrmann, Director of Environment
Gary Hansen
6040--28' Avenue South
Meg Tilley
Minneapolis, MN 55450 -2799
Council Members
Thomas Hedges
Dear Mr. Fuhrmann:
City Administrator
Thank you for providing the opportunity to comment on the forthcoming Environmental
Assessment (EA) for proposed terminal and landside improvements at the Minneapolis-
St. Paul International Airport (MSP). The City of Eagan appreciates the Metropolitan
Airports Commission's (MAC) ongoing commitment to reinvest in the airport, as MSP
serves as a valuable asset to the Twin Cities metropolitan area, and the State of
Municipal Center
Minn eso ta as a whole.
3830 Pilot Knob Road
Eagan, MN 55122 -1810
The City of Eagan supports the infrastructure improvements proposed in Phase I and II of
651.675.5000 phone
th e Long Term Comprehensive Plan. However, the City of Eagan strongly encourages the
651.675.5012 fax
MAC, as part of the EA process, to examine how Runway 17/35 is currently being used,
651.454.8535 TDD
and determine how the runway fits into the overall runway use system at MSP. The
review of Runway 17/35 is especially timely as the airport and the FAA are currently
considering the use of area navigation (RNAV) technologies that will likely alter the
Maintenance Facility
flight tracks, and thus the noise impact, to communities surrounding MSP.
3501 Coachman Point
Eagan, MN 55122
65 Eaga 5300 phone
Th e City of Eagan long has had concerns with how frequently Runway 17 is being used
651.675.5360 fax
for departure operations, particularly given that operations have dropped to levels last
651.454.8535 TDD
seen in the early 1990s. Specifically, the City has significant concerns about the ongoing
use of the 120 - degree heading off of Runway 17/35, which runs parallel to the
Eagan/Mendota Heights Corridor and often uses the same departure fixes as aircraft
www.cityoteagan.com
departing in the Corridor. It is the City of Eagan's position that the FAA's heavy use of
the 120 - degree departure heading off of 17/35, at a time when operation levels are
significantly below those forecasted in the Dual -Track Airport Planning Process (Dual -
Track) Final Environmental Impact Statement (FEIS), is inconsistent with the long-
standing intent of the Eagan/Mendota Heights Departure Corridor.
The Lone Oak Tree
The symbol of
strength and growth
to @RW community.
I��
While the City of Eagan recognizes that the FAA has jurisdiction in dete the
current flight patterns, as well as the future runway use, it is the City of Eagan's strong
hope that the updated runway use numbers in the EA will be driven by maximize use of
the Eagan/Mendota Heights Departure Corridor in southeast operational flows, in
addition to capacity and safety, and not on past runway use figures that were developed in
the early 1990s as part of the Dual -Track FEIS.
In the event the EA shows an increase in the use of Runways 12L and 12R for departure
operations over what was forecasted in the Dual -Track FEIS, the EA should advocate for
the development and implementation of future RNAV departure flight tracks that will
m aximiz e compliance with the boundaries of the Eagan/Mendota Heights Corridor.
Again, thank you for the opportunity to make comments on the proposed EA. The City is
hopeful that, in the coming months and years, creative and sensible reasoning will be
demonstrated that capitalize on operational experience gained to -date with Runway 17/35
and the opportunities available with current and future airspace /navigation technologies.
If you have any questions for the City of Eagan, please contact Dianne Miller, Assistant
to the City Administrator, at 651/675 -5014 or drniller@ciVofeagan.com
Sincerely,
Mike Maguire
Mayor
cc: Bert McKasy, MAC Vice Chairman and District H Representative
Chad Leqve, Manager, MAC Aviation Noise and Satellite Programs
Carl Rydeen, MSP Air Traffic Control Tower Manager
Eagan Airport Relations Commission
I 117 3
Agenda Information Memo
Eagan Economic Development Authority Executive Session
January 4, 2011 Eagan City Council Meeting
IX. ECONOMIC DEVELOPMENT AUTHORITY
CONSENT AGENDA
1. Approve EDA Minutes:
The EDA Minutes will be included in the Additional Information Memo on Monday.
13�-
Agenda Information Memo
Eagan Economic Development Authority Executive Session
January 4, 2011
IX. ECONOMIC DEVELOPMENT AUTHORITY EXECUTIVE SESSION
ACTION TO BE CONSIDERED: The President of the EDA may call the Authority
meeting to order for purposes of recessing it to Closed Session to discuss the status of
remaining property acquisitions in the Cedar Grove Redevelopment District.
FACTS:
• No other business items are in order at this time.
13�
Cedar Grove Timeline
July 29, 2010 Supreme Court overturns Appeals Court ruling and said the City's Economic
Development Authority: "did not exceed the scope of its authority when it acquired the
property owner's property." The ruling sends the case back to the Appellate Court.
May 19, 2009 Minnesota Court of Appeals Rules Eagan's EDA exceeded its authority in approving
condemnation. (City noted that continuing legal uncertainty makes "the process of
redeveloping this important district ... longer. ")
March 2009 Council /EDA approves preliminary Phase I Concept Plan for hotel, apartments, and
senior housining
? ?? Appeal to Court of Appeals ??
April 16, 2008 Dakota County District Court Trial Judge, Michael J. Mayer rules that redevelopment
area was blighted and City's EDA used proper process to acquire remaining 7% of
properties by eminent domain. Said the judged, "The Redevelopment .. will serve
public purposes. It will provide new life -cycle housing options, enhance the public
transportation infrastructure by correcting a number of traffic problems in the area,
increase the tax base, and increase employment
February, 2008 Three remaining property owners sue to overturn eminent domain decision by EDA.
July, 2007 Eminent domain resolution approved for 14 properties in the core area Council /EDA
decision regarding emeinent domain
July 11, 2007 City selects new master developer, Doran /Pratt
February, 2007 RFP issued to select master developer for Cedar Grove
December 2006 Termination agreement with Schafer Richardson as master developer approved
August 2004 Original master developer (owners of the Cedarvale Mall) selected
1998 Cedar /Highway 13 Task Force formed
13CIP
This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subci 3 (2010).
STATE OF MINNESOTA
IN COURT OF APPEALS
A08 -767
Eagan Economic Development Authority,
Respondent,
VS.
U -Haul Company of Minnesota a/k/a U -Haul Co. of Minnesota, et al.,
Appellants,
Randall J. Quam, et al.,
Appellants,
Larson Training Services, Inc. d/b /a Larson's Automotive Repair Services,
Appellants,
VS.
Minnesota's Credit Union, et al.,
Respondents Below,
Irma L. Parranto, et al.,
Respondents,
Jamal D. Ansari, et al.,
Respondents Below.
Filed December 28, 2010
Affirmed
Ross, Judge
Dakota County District Court
File No. 19- CX -07- 030126
Robert B. Bauer, Jessica L. Sanborn, Severson, Sheldon, Dougherty &.Molenda, P.A.,
Apple Valley, Minnesota 55124 (for respondent Eagan Economic Development
Authority)
13'J
Daniel L. Scott, Leonard, Street & Deinard, P.A., Minneapolis, Minnesota, and
Anthony J. Novak, Paula Duggan Vraa, Larson King, LLP, St. Paul, Minnesota 55101
(for appellants U -Haul Co. of Minnesota and Amerco Real Estate Company)
Steven J. Quam, Fredrikson & Byron, P.A., Minneapolis, Minnesota 55402 (for
appellants Randall J. Quam and Sandra K. Quam)
Gary G. Fuchs, Elizabeth E. Rein, Gary G. Fuchs, Attorney at Law, P.A., Eagan,
Minnesota 55122 (for appellants Larson Training Services, Inc.)
Considered and decided by Ross, Presiding Judge; Johnson, Chief Judge; and
Toussaint, Judge.
UNPUBLISHED OPINION
ROSS, Judge
This condemnation action involves a 2002 quick -take petition filed by the Eagan
Economic Development Authority (EDA) to obtain title to privately owned property for a
redevelopment project. The district court granted the petition and on appeal we reversed,
concluding that the EDA exceeded the limited powers that the city transferred to it by
resolution by allowing the taking without a binding development plan. The supreme
court reversed that decision. Now, on remand from the supreme court, we address the
remaining arguments of the private owners. Because the district court did not clearly err
by concluding that the taking had a public purpose that was reasonably necessary for
redevelopment of the district, and that the quick -take procedure was reasonably necessary
to avoid loss of tax increment financing (TIF) funding, we affirm.
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FACTS
Appellant private property owners' parcels sit southeast of the intersection of
Cedar Avenue and Highway 13 within the "Cedar Grove Redevelopment Area" that the
City of Eagan and the EDA established in 2001. Cedar Grove was targeted for
redevelopment because of blight and in August 2001, the EDA adopted both a
redevelopment and TIF plan for the Cedar Grove Redevelopment Area and the city
adopted those plans. From 2002 to mid -2007, the EDA and the city negotiated for and
purchased a majority of the targeted properties in the district. But by September 2007,
negotiations to purchase the remaining properties in Cedar Grove stalled. The stall
occurred at a critical time; the five -year period to expend TIF funds would expire on
July 22, 2008, and the city's plan to purchase the properties depended on reimbursement
with TIF funds.
The EDA resolved that acquisition of the remaining properties was "necessary to
carry out the Redevelopment Plan" and sought to exercise its authority to take the
properties based on multiple findings, including that the district is blighted, that
redevelopment will lead to substantial economic improvement including an increased tax
base and employment opportunities, and that it needed to acquire the properties by July
2008 for the city to be eligible for TIF reimbursement.
In November 2007, the EDA gave notice to the property owners that it would use
the power of eminent domain to take possession of their property. It filed a quick -take
condemnation petition in the district court. Some property owners in the redevelopment
district objected to the condemnation. The district court scheduled an evidentiary hearing
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to determine if taking the objecting owners' properties was necessary and supported by a
public purpose, and whether the use of quick -take was justified. It concluded that (1) the
EDA's actions would further a public purpose; (2) the FDA's proposed taking is
necessary to redevelop the district; and (3) the EDA could use the statutory quick -take
provision to condemn the properties because condemnation was reasonably necessary to
obtain a binding development agreement and because the TIF funds must be used before
July 22, 2008, or be forfeited.
The property owners appealed and we reversed, invalidating the quick -take order
on the ground that the EDA exceeded the scope of its eminent domain authority as
limited by city resolution. Eagan Econ. Dev. Auth. v. U -Haul Co. of Minn., 765 N.W.2d
403 (Minn. App. 2009). The supreme court reversed our decision. Eagan Econ. Dev.
Auth. v. U -Haul Co. of Minn., 787 N.W.2d 523 (Minn. 2009). This revived the property
owners' other arguments that the taking was not necessary for public use and that the
EDA was not entitled to use quick -take procedures. We now address the property
owners' remaining arguments.
DECISION
I
Before a condemning authority can take private land, it must determine that there
is a public use for the land and that the taking is reasonably necessary for that public use.
Lundell v. Coop. Power Assn, 707 N.W.2d 376, 380 (Minn. 2006). The supreme court
remanded to this court the property owners' unresolved contention that "the taking was
not necessary for public use." Eagan Econ. Dev. Auth., 787 N.W.2d at 539. The parties'
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briefs and the district court's order, however, had actually cast the issue as whether the
condemnation was necessary for a "public purpose" The distinction appears to be
inadvertent and also is not substantial here. Currently, Minnesota statutes define "public
purpose" and "public use" to be the same. See Minn. Stat. § 117.025, subd. 11(a) (20 10)
(stating that "`public use' or `public purpose' means, exclusively ... "). The parties agree
that this definition does not apply to their case because the county certified the TIF
district and the EDA filed its condemnation petition before the effective date of the
amendment that added this consolidated definition of "public purpose" and "public use."
But at the time relevant to this case, the supreme court had already treated those phrases
interchangeably:
Historically, the court has used the words "public use"
interchangeably with the words "public purpose," thus
implying that even though a public entity, using its eminent
domain powers, turns over parcels to a private entity for use
by that private entity, the condemnation will, nevertheless, be
constitutional if a public purpose is furthered by such a
transfer of land.
City of Duluth v. State, 390 N.W.2d 757, 763 (Minn. 1986).
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The property owners argue both that there was no "public purpose" for the taking
and that it was not "necessary" for a public purpose, so we address both the public-
purpose requirement and the necessity requirement. Our review of a condemnation is
"very narrow." Cnty. of Dakota (C.P. 46-06) v. City of Lakeville, 559 N.W.2d 716, 719
(Minn. App. 1997) (citing City of Duluth, 390 N.W.2d at 763). A condemning
authority's decisions are legislative in nature, so we overturn them only when they are
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"manifestly arbitrary or unreasonable." Lundell, 707 N.W.2d at 381 (quotation omitted).
The supreme court has established two levels of deference in condemnation decisions:
"[T ]he district court gives deference to the legislative determination of public purpose
and necessity of the condemning authority and the appellate courts give deference to the
findings of the district court, using the clearly erroneous standard." Id.
Public Purpose
We first examine whether the condemnation was for a public purpose. The district
court affirmed that "[t]he Redevelopment of Cedar Grove will serve public purposes. It
will provide new life -cycle housing options for existing Eagan residents, enhance public
transportation infrastructure ... increase the tax base, and increase employment." It also
concluded that that the redevelopment district is a blighted area and that "[t]he
acquisition of substandard buildings and of adjacent parcels that may not be substandard
is an essential part of the Redevelopment Plan." The property owners disagree and
maintain that there was no public purpose because a city must have a specific intended
use for a private property before a condemnation, and there was no such use that met that
requirement.
We broadly construe what qualifies as a public use. City of Duluth, 390 N.W.2d at
763. "[T]he standard for overturning a [condemning authority's] decision on public
purpose grounds is very strict." City of Minneapolis v. Wurtele, 291 N.W.2d 386, 390
(Minn. 1980); see also Hous. & Redev. Auth. v. Minneapolis Metro. Co., 259 Minn. 1, 15,
104 N.W.2d 864, 874 (1960) (HRA) ( " If it appears that the record contains some
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evidence, however informal, that the taking serves a public purpose, there is nothing left
for the courts to pass upon. ").
A local government's acquiring and clearing a blighted area serves a public
purpose. HRA, 259 Minn. at 7, 16, 104 N.W.2d at 869, 875. And condemning
authorities may address community blight "on an area rather than on a structure -by-
structure basis." Id. at 16, 104 N.W.2d at 875. Other improvements to established areas
of a city may also serve a public purpose, including development that provides
employment opportunities, improves the tax base, and improves the general economy of
the state. Minn. Stat. § 469.124 (2010).
We recognize that the property owners' arguments also support a different
legislative decision. But we afford great deference to the local legislative decision that a
project serves a public purpose. Lino Lakes Econ. Dev. Auth. v. Reding, 610 N.W.2d
355, 360 (Minn. App. 2000). Despite competing evidence, the record supports the
finding that the redevelopment district is blighted and that redevelopment will lead to
increased employment and improve the general state of the economy. We therefore hold
that the district court did not clearly err by concluding that the EDA's finding of public
purpose was not manifestly arbitrary or unreasonable.
Necessity
We next decide whether the district court erred by finding that the takings are
necessary to further the public purpose. The district court found that "[t]he EDA has
demonstrated that it has a specific development plan in place for the redevelopment
district, and that a number of projects have already been undertaken and/or completed .. .
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and [t]here is no evidence of any problems that will interfere with this plan, even if it is
not yet finalized into a binding development agreement." And it concluded that "[t]he
EDA is not seeking to take these properties for a speculative purpose, nor is it stockpiling
properties."
The property owners dispute this conclusion by arguing that the taking is not
"necessary" because there is no specific project or identified use to realize the
redevelopment project. A city council resolution that a taking is reasonably necessary for
a proper use is prima facie evidence of necessity. City of Duluth, 390 N.W.2d at 765.
This finding can be overcome by overwhelming evidence that the taking is not necessary.
Lundell, 707 N.W.2d at 381. "Necessity," in this context, refers to "now or in the near
future," Regents of Univ. of Minn. v. Chi. & Nw. Transp. Co., 552 N.W.2d 578, 580
(Minn. App. 1996) (quotation omitted), and looks in part to whether there are ordinary
agreements in place to realize a project, In re Condemnation by Minneapolis Cmty. Dev.
Agency v. Opus, 582 N.W.2d 596, 597 (Minn. App. 1998) (MCDA), review denied
(Minn. Oct. 29, 1998). Although speculation cannot support necessity, Regents, 552
N.W.2d at 580, absolute necessity is not required for a finding of public purpose, Hous.
& Redev. Auth. v. Walser Auto Sales, Inc., 630 N.W.2d 662, 670 (Minn. App. 2001),
aff'd by 641 N.W.2d 885 (Minn. 2002). A taking must only be "reasonably necessary or
convenient for the furtherance of the end in view." Lundell, 707 N.W.2d at 381
(quotation omitted).
The property owners assert that there is overwhelming evidence that the taking is
not necessary because there is no binding development agreement in place, there is no
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time frame in which development will occur, and the condemnation action is purely
speculative without an identified public use for the properties. But the city council's
finding is prima facie evidence of necessity. The city council resolution that adopted the
EDA's redevelopment plan for the Cedar Grove Redevelopment Area determined that
acquiring substandard properties and adjacent parcels within the redevelopment district
was necessary to provide a site of sufficient size to permit redevelopment. And the
district court concluded that the EDA, by a resolution of the city council, showed "that
the acquisition of the Subject Properties was necessary [for a public purpose]."
The property owners' concern about the uncertain nature of the redevelopment is
not without merit. But the fact that the precise use of a parcel or a development plan is
not certain does not render a taking unnecessary. See MCDA, 582 N.W.2d at 601
(concluding that "[c]onsidering our standard of review, the trial court's finding that the
public purpose of the project is proper and not speculative is supported by the evidence
and is not clearly erroneous" even though the proposed development was only "relatively
certain" with only "normal contingencies "). The district court concluded that the city and
the EDA have taken considerable steps to prepare the site for redevelopment. Despite
their reasonable arguments, the property owners have not presented overwhelming
evidence that the taking was not necessary. Again, our review is deferential; we hold that
the district court did not clearly err by concluding that the EDA's finding of necessity
was not manifestly arbitrary, capricious, or unreasonable.
Ifs-
We next address whether the EDA was entitled to use quick -take procedures in the
condemnation action. The use of quick -take condemnation is limited to cases where a
condemner "could reasonably .determine that it needs the property before the
commissioners' award could be filed." Wurtele, 291 N.W.2d at 396. The district court
concluded that statutory quick -take condemnation was reasonably necessary because the
EDA needed clear title to the property owners' parcels in order to move forward with the
redevelopment project and because the TIF funds had to be used before July 22, 2008.
The property owners argue that the district court's findings were clearly erroneous
because the city failed to show that accelerated acquisition was reasonably necessary.
We review only to determine whether the district court erred in concluding that the
requisite public necessity existed. See Alexandria Lake Area Serv. Region v. Johnson,
295 N.W.2d 588, 590 (Minn. 1980) (declining to extend appellate review of quick -take
condemnation beyond the issue of public necessity).
To use TIF funds to pay for redevelopment expenses, the EDA had to transfer
funds to a third party before July 22, 2008. We held by special term order that the EDA's
depositing the TIF funds with the district court administrator was "deemed to satisfy" the
TIF statute's requirement of payment to a third party. Eagan Econ. Dev. Auth. v. U -Haul
Co. of Minn., No. A08 -767 (Minn. App. July 12, 2008). The property owners specifically
contend that "[t]he ruling by this Court alleviates any urgency the City or district court
may have felt with regard to the TIF funds" and therefore that the existence of an
approaching TIF deadline did not support a quick -take. But the language of our ruling
regarding the payment -to- third -party requirement is very narrow: "[O]n the record and
arguments presented here, we deem a deposit with the district court to satisfy the TIF
statute because ... the length of this litigation should not preclude the use of TIF funds."
Id. If the EDA had pursued a regular condemnation, it may not have been resolved until
after July 22, 2008, as opposed to the quick -take petition, which was resolved before the
deadline. This court's order did not render a quick -take unnecessary.
The property owners also argue that the approaching of the TIF deadline should
not have supported the quick -take petition because the "timing hardship" was created by
the EDA itself. But the district court found that the EDA "did not unduly delay in
proceeding with the condemnation of the properties" and "[t]he fact that [the EDA] is
now up against a deadline created by the legislature for expending TIF funds is not the
fault, intentional or otherwise, of the EDA." The record does not support the property
owners' concerns that the EDA deliberately waited for the expiration of the TIF funds,
and no evidence suggests that the district court's finding on this issue is clearly
erroneous. Because the EDA would lose access to the TIF funds unless it deposited them
with a third parry before July 22, 2008, we hold that the district court did not clearly err
by finding that obtaining the property by a quick -take petition was reasonably necessary.
Affirmed.
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