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05/03/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 3, 2011 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS V 3 A. RECOGNITION of Friends of the Farm Volunteers for their volunteer hours at Holz Farm IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an 1.`t item to be pulled for discussion) Pb A. APPROVE MINUTES j?j(j B. PERSONNEL ITEMS p� C. APPROVE Check Registers /2.1, D. APPROVE Tree Maintenance Contractor License for Mike Lawrence, Lawrence Tree & Stump Services, Inc. )? E. APPROVE Final Payment for Contract No. 09-12, Diffley / Rahn — Intersection/Street Improvements f' /4 F. RECEIVE Petition to Vacate Drainage and Utility Easement, Lot 5, Block 9 Nicols Ridge rt G. APPROVE Joint Powers Agreement with Dakota County for miscellaneous Signal Improvements — Flashing Yellow Arrow A� I H. APPROVE Contract 11-10, Fish Lake, In -Lake Alum Dosing I. APPROVE Change Order No. 1 for Contract 11-07 (Schwanz Lake Direct Drainage Area, 2011 11 Rain Garden Improvements) f J. PROCLAIM June as Eagan Lakes Appreciation Month K. PROCLAIM May 15-21, 2011 as Public Works Week L. APPROVE a Resolution to accept a donation of $5,000 from the Dakota Victim / Offender Panel and to authorize the necessary budget adjustments. f LKc, M. APPROVE a Resolution to accept a donation of $400 from the Eagan Rotary N. AUTHORIZE the Application of a Grant from Very Special Arts Minnesota for Capital Improvements for accessibility in the Eagan Art House Pottery Studio O. APPROVE the City of Eagan Art Display in Public Buildings Policy ��P. APPROVE the Blue Cross Blue Shield Market Fest Partnership Contract and authorize the Mayor and City Clerk to sign all appropriate documents Q. APPROVE a Letter of Support for Dakota Valley Recycling's GreenCorp Program Application R. Removed r.y .1S. APPROVE Amendment to City Code, Chapter 2, Section 2.50 Advisory Commissions and Committees 1-'4_1/IT. APPROVE Tree Maintenance Contractor License for Ben Isder and Mary Warzecha, B & M Tree �I Service and Landscape V. APPOINTMENT OF ADVISORY COMMISSION MEMBERS VI. PUBLIC HEARINGS Q. A. PROJECT 1035, Denmark / Promenade Place — Traffic Signal and Overlay B. CERTIFICATION of Delinquent Weed Cutting Bills e 1DC. CERTIFICATION of Delinquent Refuse Removal Bills uD. CERTIFICATION of Delinquent Utility Bills VII. OLD BUSINESS VIII. NEW BUSINESS eA. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING — Jon Pomroy - A Comprehensive Guide Plan Amendment from MD (Medium Density) to LD (Low Density) and A Rezoning of approximately 1.7 acres from R-3 (Residential Townhouse) to R-1 (Residential Single Family) located at 3755 Blackhawk Road k. \4 B. CONDITIONAL USE PERMIT — Faith Christ Fellowship- A Conditional Use Permit to allow a Sonshine Preschool located at 670 Diffley Road f alC. CONDITIONAL USE PERMIT —Taco Bell / Border Foods — A Conditional Use Permit to allow a drive-thru at 1325 Town Centre i") 1 51 D. CONDITIONAL USE PERMIT — Shoppes of Diffley Crossing - A Conditional Use Permit to allow additional monument & directional signage, and panel on existing pylon sign located at 4249 Johnny Cake Ridge Road C.11 E. FIRE ADMINISTRATION BUILDING — Temporary Lease Opportunity — JBL Companies IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT 411° City of Eaaall demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 29, 2011 SUBJECT: AGENDA INFORMATION FOR MAY 3, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 3, 2011 City Council agenda, the following items are in order for consideration. f Agenda Information Memo May 3, 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 April 20, 2011 Regular City Council meeting and the minutes of the April 26, 2011 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 20, 2011 Regular City Council meeting are enclosed on pages % through . • Minutes of the April 26, 2011 Special City Council meeting are enclosed on page % . Agenda Memo May 3, 2011 City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of Friends of the Farm volunteers for their volunteer hours at Holz Farm. ACTION TO BE CONSIDERED: Recognize Don Holz. Norm Peterson, Joel Klein, and Bob Lane for their volunteer hours at Holz Farm. FACTS: • Don Holz is being recognized for reaching the 2000 hour milestone. • Norm Peterson is being recognized for reaching the 1000 hour milestone. • Joel Klein is being recognized for reaching the 500 hour milestone. • Bob Lane is being recognized for reaching the 250 hour milestone. • The volunteer efforts of the Friends of the Farm have been an extremely valuable component to the success of preserving the 1940's farming heritage for the community. • The Friends of the Farm organization provides volunteer hours and financial support that allow for programs and restoration work at Holz Farm. • Volunteers from the Friends of the Farm and the Eagan Garden Club contributed over 1500 hours of service to Holz Farm in 2010. • Friends of the Farm volunteers are recognized by the City Council after they've reached specific volunteer hour milestones. • Spring is a busy time at the farm as the volunteers and City staff prepares the farm for the Holz Farm Spring Festival on Sunday, May 15th and summer camps that will take place in July. The Farm also hosts the Eagan Garden Club plant sale on Saturday, May 7th • Parks & Recreation Director Johnson will recognize Holz, Peterson, Klein and Lane, in honor of their dedication to Holz Farm. ATTACHMENTS: None. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 20, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, April 20, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Tilley and Fields. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, Administrative Services Director Gene VanOverbeke, City Planner Mike Ridley, City Attorney Mike Dougherty, and Assistant to the City Administrator Dianne Miller. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS SPECIAL 150TH ANNIVERSARY AWARDS AND RECOGNITIONS Bill Korte, Vice President of the Eagan Resource Center, presented a plaque in recognition of a Local Government Innovation Award (LGIA) from the Humphrey School's Public and Nonprofit Leadership Center for the City's efforts in the 150th Anniversary Food and Fund Drive. Dianne Miller, Assistant to the City Administrator, was recognized for receipt of the 2011 Public Health Individual Achievement Award by the Dakota County Board of Commissioners. The award was given to Dianne for her coordinating "behind the scenes" role in the 150th food drive. Scott Swenson was recognized for receipt of the Star of the North Award from Congressman John Kline for his service to the community. Swenson distributed the 150th Anniversary Photo Yearbooks to the City Council. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the April 5, 2011 regular City Council meeting as amended. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees in Parks and Recreation. 2. Reclassify the following Eagan Community Center Positions: • Rental Coordinator to Rental and Service Supervisor • Fitness Coordinator to Fitness and Service Supervisor C. It was recommended to ratify the check registers dated March 31, 2011, and April 7, 2011 as presented. D. It was recommended to approve a promotion at Cascade Bay on two Tuesdays in the months of June, July, and August to offer discounted admission after 4 p.m. to military families. City Council Minutes April 20, 2011 Page 2 E. It was recommended to approve the On -Sale Wine license for Nguyen Phong, dba Classic Saigon Restaurant, located at 1272 Town Centre Drive. F. It was recommended to approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League. G. It was recommended to approve a Massage Therapy Establishment License for Beverly Lokensgard, A Touch of Tranquility, 4651 Nicols Road. H. It was recommended to approve a Shows License for Sho Marketing, Inc. — Picadilly Circus to hold a circus at the Eagan Civic Arena on May 14 — 15, 2011. I. It was recommended to adopt a resolution approving an Exempt Permit for Eagan Athletic Association to conduct a raffle on May 8, 2011. J. It was recommended to authorize preparation of an ordinance amendment to implement a rental registration program for residential properties. (Tom Hedges noted further review of the rental registration program would occur in Public Works Committee per City Council direction.) K. It was recommended to approve an agreement with the Minnesota Department of Drive and Vehicle Services (DVS) to allow access to certain records and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve an Easement Agreement with Dakota County allowing for the construction of a Minnesota DNR aquifer monitoring well within a City drainage and utility easement located in the Lebanon Hills Regional Park, and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve a three-month extension of the Final Subdivision approval for Nicols Ridge 3rd Addition, to create one lot and one outlot, and Nicols Ridge 4th Addition, to create 41 townhome lots and two outlots, upon approximately 6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail. N. It was recommended to approve the 2011 Use Agreement and authorize the Mayor and City Clerk to sign the agreement with Blue Cross/Blue Shield (BCBS) that allows use of BCBS property for community soccer games and related activities. O. It was recommended to approve a Shows License, Parade Permit, Show Permit for Fireworks, permit for temporary 3.2 percent malt liquor (beer) license, waive fees for permits and for Central Park Pavilion, Festival Grounds, Festival Grounds Pavilion, approve the 2011 contract for July 4th Fireworks and authorize the Mayor and City Clerk to sign all appropriate documents. P. It was recommended to approve a resolution to accept an MRAC Grant in the amount of $5,000 from the Metropolitan Regional Arts Council for summer programming and approve any necessary changes to the 2011 budget. Q. It was recommended to approve repairs to the sidewalk outside the Oaks banquet room at the ECC authorize the estimated $10,000 expenditure from the ECC Renewal and Replacement fund and approve a change to the 2011 budget. R. It was recommended to authorize submittal of Brownfield Assessment grant nomination forms to Dakota County for candidate sites in the Cedar Grove Redevelopment Area. S. It was recommended to approve a resolution requesting he Minnesota Commissioner of Transportation's approval of the designation of an existing street segment on the City of Eagan's Municipal Sate Aid (MSA) roadway system. T. It was recommended to approve a Tree Maintenance Contractor License for Valley Tree Service, 7600 West 146th St., Apple Valley. U. It was recommended to approve a Tree Maintenance Contractor License for Treecology, LLC, 4845 33`d Avenue, North, Golden Valley. There were no Public Hearings. PUBLIC HEARINGS OLD BUSINESS City Council Minutes April 20, 2011 Page 3 ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code Chapter 11, Section 11.70, Subd. 29 and 11.60 relating to outdoor patio dining regulations. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to City Code Chapter 11, Section 11.70, Subd. 29, and 11.60 relating to outdoor patio dining regulations. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code Chapter 11 relating to senior housing parking standards. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 11 relating to senior housing parking standards. Aye: 5 Nay: 0 NEW BUSINESS There were no New Business items. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no legislative / intergovernmental affairs updates. ADMINISTRATIVE AGENDA There were no Administrative Agenda action items. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:00 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 26, 2011 5:30 P.M. CONFERENCE ROOMS 2A & 2B — EAGAN MUNICIPAL CAMPUS I. ROLL CALL AND AGENDA ADOPTION City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges. City Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. ADVISORY COMMISSION INTERVIEWS The Mayor and City Councilmembers interviewed 14 Advisory Commission applicants, and noted that appointments would be made at the May 3, 2010 City Council meeting. IV. OTHER BUSINESS The Council discussed their desire to best utilize the talents and skills of the advisory commission applicants. There was consensus that it would be best to have the option of whether to appoint alternates to terms, rather than being required to o so as the City's ordinance states. The Council directed the preparation of an ordinance amendment for consideration at the May 3, 2011 Council meeting to amend Chapter 2, Section 2.50 (Advisory Commissions and Committees) by removing language stating that the City "shall" have alternate positions on the advisory commissions, and instead substitute "may" have alternate positions. V. ADJOURNMENT The meeting adjourned at 9:10 p.m. Agenda Information Memo May 3, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the resignation of temporary part time Receptionist, Krystal Ludgate. Approve the hiring of a new temporary part time receptionist. FACTS: • The current budgeted staffing compliment for the Receptionist function is 1.5 FTE's. Due to two retirements in January 2011, the current staffing compliment is .4 FTE. In order to maintain a consistent level of service, staff recommends hiring a temporary .5 FTE receptionist to assist until approximately May or June 2011. • Staff is continuing to review the receptionist function. • The temporary receptionist position will help maintain our customer service level until the review is completed and potential changes are implemented. Item 2. ACTION TO BE CONSIDERED: Approve military leave provisions for a City employee being deployed to active duty effective May 2011. FACTS: • The City of Eagan has an employee who will be deployed May 2011 for approximately 12 months. The City is required to follow the provisions set forth by the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") and related Minnesota Statues. • In addition to following federal and state regulations, the City will continue the employee's life insurance benefit not to exceed 18 months, per COBRA guidelines. • The City will also provide compensation to the same level of that of an active employee by paying the difference between the employee's military pay and what he would be paid by the City as an active Police Officer with the same level of experience. Payments to the employee are contingent on the City receiving proof of military pay. • Per USERRA, medical and dental insurance benefits for the employee may be continued through the City. If so, the City will continue to pay the same contribution amount as that of an active employee. Agenda Information Memo May 3, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 14, 2011 and April 21, 2011 as presented. ATTACHMENTS: • Check registers dated April 14, 2011 and April 21, 2011 are enclosed without page number. 11 Agenda Information Memo May 3, 2011, Eagan City Council Meeting D. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR MIKE LAWRENCE, LAWRENCE TREE & STUMP SERVICES, INC. ACTION TO BE CONSIDERED: To approve a tree maintenance contractor license for Mike Lawrence, Lawrence Tree & Stump Services, Inc., 17082 Georgetown Way, Rosemount, MN. FACTS: ➢ Mike Lawrence, owner of Lawrence Tree & Stump Services, Inc., has applied for a Tree Maintenance Contractor license for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): None. The application is available for review in the Administration Department. Agenda Information Memo May 3, 2011 Eagan City Council Meeting E. CONTRACT 09-12, DIFFLEY ROAD & RAHN ROAD — INTERSECTION/ROUNDABOUT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09-12 (Diffley & Rahn Road — Intersection/Roundabout Improvements) in the amount of $72,207.08 to Max Steininger, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09-12 provided for the construction of a roundabout at Diffley Road (County State Aid Highway 30) and Rahn Road, installation of decorative street lighting and landscaping at the roundabout, to improve the safety and operation of the intersection. Additionally, a bituminous trail was constructed on the north side of Diffley Road, from Rahn Road to Blackhawk Road. • These improvements were completed in 2009, inspected by representatives of the City Public Works Department and Dakota County Transportation Department, and have now been found to finally be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo May 3, 2011 Eagan City Council Meeting F. LOT 5, BLOCK 9 NICOLS RIDGE DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements on Lot 5, Block 9 Nicols Ridge and Easement No. 1097680, and schedule a public hearing to be held on June 7, 2011. FACTS: • On April 14, 2011, City staff received a petition from Joe Jablonski, representing Lennar Corporation, developer of the proposed "Nicols Ridge 4th" development, located south of Cedar Grove Parkway in northwest Eagan, requesting the vacation of all public drainage & utility easements within Lot 5, Block 9 Nicols Ridge, and unplatted parcels 10-01900-120-41 and 10-01900-120-42 (Easement No. 1097680). • Public easements were dedicated on this lot of Nicols Ridge Addition and acquired on the unplatted parcels at various times for public improvement projects and to provide for public drainage. • The purpose of the request is to allow the recording of a final plat of the properties for the proposed Nicols Ridge 4th development as a residential development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The final plat of Nicols Ridge 4th' would address all necessary public drainage & utility easements on this property. • The final subdivision for the development was approved by the City Council on March 1, 2011. A three-month extension of final subdivision approval was approved by the City Council on April 20, 2011. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description/ Graphic, page f 1:5— • • Location Map, page % (c . MENDOIA HEIGHTS VACATION LOCATION City of Ea CITY OF EAGAN Proposed Easemant Vacation Location Map Nicols Ridge 15" Fig. 1 3/28/2011 EXISTING DRAINAGE & UTILITY EASEMENT Doc. No. 1097680 TO BE VACATED Easement Vacation Description: Vacate all public easements within Lot 5, Blk 9, Nicols Ridge, Dakota County,Minnesota And, within unplatted parcels 10-01900-120-41 ans 10-01900-120-42 Easement Doc.# 1097680) Fig. 2 City of Eagan Proposed Easement Vacaction Nicols Ridge W z Date: 03/28/2011 `" ri MKS II.wwi 1-mordi Agenda Information Memo May 3, 2011 Eagan City Council Meeting G. PROJECT 1052, LEXINGTON AVENUE/DUCKWOOD DRIVE, LEXINGTON AVENUE/WESOTT ROAD, YANKEE DOODLE ROAD/FEDERAL DRIVE ENGINEERING & CONSTRUCTION AGREEMENT • ACTION TO BE CONSIDERED: Approve an Agreement for Engineering and Construction for Project 1052, Lexington Avenue/Duckwood Drive, Lexington Avenue/Wescott Road, and Yankee Doodle Road/Federal Drive (Flashing Yellow Arrows - Traffic Signal Improvements) with Dakota County and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In May, 2010, the Dakota County Transportation Department installed flashing yellow arrow signals at two intersections with existing traffic control signals along Yankee Doodle Road (County State Aid Highway 28) with Blue Cross Road and Coachman Road. The installations were the first for Dakota County. • A flashing yellow arrow as part of a traffic control signal indicates that left turns may proceed with caution after yielding to oncoming traffic (similar to a Left Turn Yield on a "Green Ball"). There are more opportunities to make a left turn with the flashing yellow left - turn arrow than with the traditional three phase arrow, red, yellow and green indications. • Flashing yellow arrow signals have been shown to help drivers make fewer mistakes. They keep motorists safer during heavy traffic and reduce delays when traffic is light. A national study demonstrated that drivers found flashing yellow left -turn arrows more understandable than traditional yield -on -green indications (individual traffic signal lights). • Observation of the operation of these intersections over the past year by both City and County staff has indicated positive results for the use of the flashing yellow arrows. The significant reduction in delays through the use of the flashing yellow arrows with consistency in the safety for the traveling public has proven to be very desirable for enhancing the Level of Service (LOS) at these intersections. • Project 1052 proposes the installation of flashing yellow signals at the intersections of Lexington Avenue/Duckwood Drive, Lexington Avenue/Wescott Road, and Yankee Doodle Road/Federal Drive. All of these improvements have been combined to achieve an economy of scale benefit in design and construction costs. The estimated cost is $50,000 per intersection. • Without substantiation of the success of the 2010 traffic signal modifications at the time, the addition of the flashing yellow arrow signals at the three intersections was not programmed for 2011 in the City of Eagan's 5 -Year CIP (2011-2015). • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for each agency's cost responsibility for the engineering and construction. As set forth in the agreement, the City's financial responsibility for the engineering costs will be based on the City's share of the final construction costs. • The cost to install the traffic signal improvements for the flashing yellow arrows shall be shared in the amount of 50% by the County and 50% by the City. The $75,000 total cost share for the City would be the responsibility of the Major Street Fund. • Public Works staff have reviewed this agreement and found it to be similar to other previous construction project agreements and in order for favorable Council action. Agenda Information Memo May 3, 2011 Eagan City Council Meeting H. CONTRACT 1110, FISH LAKE, IN -LAKE ALUM DOSING WATER QUALITY IMPROVEMENT ACTION TO BE CONSIDERED: Receive the bid for Contract 11-10 (Fish Lake In -Lake Alum Dosing — Water Quality Improvement) and award the contract to Sweetwater Technology, for the Base Bid in the amount of $52,500.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On October 5, 2010, the City Council awarded Contract 09-04, Fish Lake Alum Dosing and Settling Basin (Water Quality Improvements), for the modification of the Fish Lake alum dosing process located at the Hurley Lake (Pond JP -11) storm sewer lift station, as well as the construction of a settling basin east of Pond JP -47, located north of Wescott Road and east of Denmark Avenue. Construction of the improvements treating the discharge into Fish lake is currently underway. • Contract 09-04 was awarded in response to the recommendations of the U.S. Environmental Protection Agency approved "Total Maximum Daily Load" (TMDL) report for Fish Lake to address excessive phosphorus. • The Fish Lake TMDL Implementation Plan, approved by the Minnesota Pollution Control Agency, presents a 5 -year (2011-2015) schedule of "best management practices" (BMPs) based upon the approved TMDL report. The estimated cost to implement the BMPs is $1,134,000, of which about $465,000 is for construction of capital projects. • Contract 11-10 consists of "in -lake" surface application of aluminum sulfate (alum) to Fish Lake and is one of the scheduled BMPs. The purpose of in -lake alum closing is to control phosphorus released from existing sediment that is recycled within Fish Lake during certain environmental conditions. The project is linked to Contract 09-04 and the effort to reduce phosphorus entering the lake in stormwater by constructing an alum settling basin and restarting the alum injection system at the Hurley Lake stormwater lift station. • To determine the correct in -lake alum dose, a consultant scientifically analyzed Fish Lake sediment this winter. While determining the proper alum dosage, the consultant also recommended the City apply sodium aluminate, a buffering agent, to mitigate a potential reduction in pH that can stress fish populations. • The timing of the in -lake application of the alum and sodium aluminate is critical to the successful operation of the alum dosing station (Contract 09-04) and requires a limited water temperature range. • Only two Minnesota firms are known to be able to conduct in -lake alum dosing at the spatial scale and with the technical capacity that is appropriate for Fish Lake. Only one company submitted a proposal that was able to meet the specific schedule in response to the City's request. • The bid has been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Sweetwater Technology, a Division of TeeMark Corporation, of Aitkin, MN, has been reviewed by the City's consultant and Water Resources staff and found to be in order for favorable Council action. Sweetwater Technology is nationally recognized for its specialized experience and the quality with this type of work. • The low bid is 19.3% above the original Engineer's Estimate of $44,000. The additional cost of $8,500 covers the buffering agent that addresses the pH balance of the lake and is believed to be critical to limiting stress to the various fish species. The budget impact of the additional cost will be mitigated by the reduction in chemical application to the dosing station resulting from its delayed activation until summer (mid budget). Agenda Information Memo May 3, 2011 Eagan City Council Meeting I. CONTRACT 11-07, SCHWANZ LAKE 2011 RAIN GARDENS WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 11-07 (Schwanz Lake 2011 Rain Gardens — Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11-07 provides for the continuation of the rain garden improvements in the nearly 30 acre direct drainage area north of Schwanz Lake that began in 2009. With the completion of this contract, 25 rain gardens will have been constructed in this neighborhood over the past two years. This contract is the third and final phase of rain gardens anticipated to be constructed in this sub -drainage district. • On March 15, 2011, the City Council awarded the bid for Contract 11-07 for these water quality improvements to Urban Companies, LLC. • Change Order #1 provides for two items: o Deletion of one rain garden. The success of the rain garden improvements is based upon the foundation of acceptance and participation from the adjacent property owners. The removal of one rain garden from this contract was the result of a change of interest by one of the adjacent residents. (DEDUCT $6,055). o Revision of modular block retaining wall unit price. The removal of one of the seven proposed rain gardens has a significant effect on the quantity of construction materials for the rain gardens. According to the contract specifications, a quantity change of 25% or more of any item provides an opportunity for the unit price of said item to be revised accordingly due to loss of quantity economics from the contractor. The contractor has requested a 20% ($4.20 per square foot) cost increase from $21 per square foot to $25.20 per square foot in the unit price of the modular block retaining wall. The cost increase is based upon a revised modular wall material estimate of 220 square feet (ADD $924). • Change Order #1 provides for a total DEDUCT of $5,131.00 (17.4% of original contract). The reduction in the cost of the work will benefit the City's Water Quality Expansion & Modification Fund. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo May 3, 2011 Eagan City Council Meeting J. JUNE - LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June, 2011, as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes and ponds greater than 1 acre offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, erosion sediment and various pollutants carried in storm water and runoff. All of these factors impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributes of these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as holding clean-up days at their nearest water body. ATTACHMENTS: • Proclamation, page e . CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2011 WHEREAS, Eagan has more than 350 lakes and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in many of these lakes while others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a nationally recognized surface water quality management plan, one of the first Minnesota cities to do so, which the City Council upgraded in 2007 with a water quality and wetland management plan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years; and WHEREAS, in a 2005 scientific survey of Eagan residents, 99 percent said good water quality of City lakes was very or somewhat important, and nearly half said they visited Eagan parks with lakes at least 5 times per year; and WHEREAS, the North American Lake Management Society is encouraging communities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, June would be an appropriate month to declare as Eagan Lakes Appreciation Month to encourage residents and businesses to hold clean-up days at their nearest water body; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2011 as Eagan Lakes Appreciation Month and urges all residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina M. Scipioni, 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 3`d day of May, 2011. al Christina M. Scipioni, City Clerk Agenda Information Memo May 3, 2011 Eagan City Council Meeting K. MAY 15-21, PUBLIC WORKS WEEK ACTION TO BE CONSIDERED: Proclaim May 15 through May 21, 2011, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. FACTS: • National Public Works Week (NPWW) provides for recognition of the tens of thousands of men and women who provide and maintain the infrastructure and public services that are the heart and essence of a functioning community. While their accomplishments are particularly noteworthy in relation to the limited manpower and financial resources available to them, recognizing this public service delivery can be educational as well. • Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. National Public Works Week is observed each year during the third full week of May. This annual recognition was the start of what has grown into our City's biannual Community Services Open House. Many State Governors and City Councils throughout the nation historically have take time to help raise the public's awareness of and confidence in public works issues. • This proclamation of Public Works Week in Eagan expresses appreciation for the dedication and efforts spent to protect and serve the citizens of Eagan while providing the quality of life that our community has grown to expect. ATTACHMENTS: • Resolution, page -3 . CITY OF EAGAN PROCLAMATION PUBLIC WORKS WEEK May 15 through May 21, 2011 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the week of May 15 through May 21, 2011 as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: CERTIFICATION Its Clerk I, Christina M. Scipioni, 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 3rd day of May, 2011. Christina M. Scipioni, City Clerk 33 Agenda Information Memo May 3. 2011, Eagan City Council Meeting L. Resolution to accept a donation from the Dakota Victim/Offender Panel ACTION TO BE CONSIDERED: To approve a resolution to accept a donation of $5,000 from the Dakota / Offender Panel and to authorize the necessary budget adjustment. FACTS: • On April 14, 2011, the police department was notified it is the recipient of a $5,000 donation from the Dakota Victim/Offender Panel. • The panel is comprised of victims who have been impacted by those who chose to drive while under the influence of alcohol (DUI) and/or offenders who have killed or injured another person while driving intoxicated. • Judges routinely sentence those convicted of DUI to attend a session where panel members openly discuss the ramifications of drinking and driving. • Attendees must pay a fee where all monies are donated to police departments in Dakota County. This year. the City of Eagan was chosen to receive a donation. • With the donation, the police department would like to purchase an in -squad camera system that would be installed in a patrol vehicle. It is expected the cost would be approximately $5000. • By approving this item, line item 1104-6231 in the 2011 police department would receive a corresponding budget adjustment. ATTACHMENTS: Resolution on page CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Dakota Victim/Offender Panel WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Dakota Victim/Offender Impact Panel has presented the Police Department with a grant in the amount of $5,000 to be used to procure equipment that would help police officers enforce driving under the influence laws. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City, and line item number 1104-6231 in the 2011 police budget is correspondingly adjusted; BE IT FURTHER RESOLVED, that the City sincerely thanks the Dakota Victim/Offender Panel for the generous donation. ADOPTED this 3rd day of May, 2011. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: Motion by: Seconded by: Those in Favor: Those Against: Date: It's Clerk Agenda Information Memo May 3, 2011, Eagan City Council Meeting M. Resolution to accept a donation from the Eagan Rotary Club ACTION TO BE CONSIDERED: To approve a resolution to accept a donation of $400 from the Eagan Rotary Club. FACTS: • Each year the Rotary Club of Eagan presents the "Outstanding Public Safety Award" to a member of the Eagan Police Department and a member of the Eagan Fire Department in recognition of outstanding public service. • This year's award was presented at the Rotary Club's weekly meeting on April 13th to Police Officer Brian Rezny and Firefighter Chris Gustafson. • As part of this year's recognition, the Rotary Club has donated $400.00 with the request that the funds be spent on public safety related equipment. The donation will be "split- evenly among the police and fire departments. ATTACHMENTS: Resolution on page ,)7 CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Rotary WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Rotary Club has presented the Police Department with a donation in the amount of $400 in recognition of the efforts of Police Officer Brian Rezny and Firefighter Chris Gustafson. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Rotary Club for the generous donation. ADOPTED this 3`a day of May, 2011. Motion by: Seconded by: Those in Favor: Those Against: Date: 0,7 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Memo May 3, 2011 City Council Meeting N. AUTHORIZE the Application of a Grant from Very Special Arts Minnesota for Capital Improvements for accessibility in the Eagan Art House pottery studio. ACTION TO BE CONSIDERED: Authorize the submission of the grant application. FACTS: • Very Special Arts Minnesota has grants for up to $20.000 available for accessibility projects. Grants are awarded with a 25% cash match. • Parks & Recreation will submit a grant for $20,000 for facility improvements to the Eagan Art House that address access issues in the pottery studio. o The pottery studio currently has limited access to some areas of the studio due to the amount of equipment and work space configuration. In these areas of the studio, there is not adequate wheelchair accessibility. It is also difficult to access with any kind of mobility assistance such as walkers or crutches. o We are proposing the addition of a 15' x 20' space dedicated to kiln firing and pottery storage. This will allow full wheel chair accessibility to all areas of the studio. This space will also be fully accessible. o We are also proposing a purchase of an adapted pottery wheel to be used by students with limited movement. In addition, the glazing area of the studio will be upgraded to accommodate those with limited mobility, as well as make this area easier for all students to access. o Electrical updates for maximum kiln usage is also included. • The grant submission deadline is April 29, 2011. ISSUES: • None Agenda Memo May 3, 2011 City Council Meeting O. APPROVE the City of Eagan Art Display in City Owned Buildings Policy. ACTION TO BE CONSIDERED: Approve the City of Eagan Art Display in City Owned Buildings Policy. FACTS: • With the installation of art display hardware at the ECC, which allowed for the display of local art, there was a growing interest from local artists to display their works of art. • Because the opportunity to display art in public buildings was becoming more viable then it had it the past, staff began to look at options to present to the City Council to define parameters in which art could be displayed in City owned buildings. • In late 2010 staff researched policies regarding art exhibits in public areas from several other public agencies in order to present information to the Advisory Parks Commission for their review and recommendation to the City Council. • The Advisory Parks Commission met in several workshop sessions to discuss potential policy development. After significant discussion they approved a draft policy in January pending review by the City Attorney. • Modifications made by the City Attorney were included in the attached draft for Council consideration. • The policy addresses what types of art are eligible to be displayed in City owned buildings and defines the selection, display and application process. • This policy would affect all City owned buildings and the choice of art to be displayed in them once the policy is approved. ATTACHMENTS: • Art Display in City Owned Buildings Policy on Page) 33 City of Ea an DRAFT Revised 4-21-11 City of Eagan Art Display in City Owned Buildings Policy Position Statement: In order to strengthen community identity while creating visual interest in City of Eagan buildings, Eagan Parks and Recreation seeks to display two and three dimensional artwork in City of Eagan facilities which portrays images or abstract renderings of Eagan's natural environment or community spirit relating to city -sponsored activities and celebrations Eligibility & Selection Process • Selections will be based on the portrayal or abstract renderings of Eagan's natural environment or community spirit relating to city -sponsored activities and celebrations. 2-D and 3-D artwork will be considered. Artistic quality, originality and presentation will also be considered in the selection. • Nudity and graphic violent images will not be considered for display. • Artwork by youth or adult artists, amateur or professional artists, or solo or small groups of artists will be considered for display. • Artwork for display will be selected by Eagan Art House staff with the final approval from the Director of Eagan Parks & Recreation. Display Information • Artwork will be provided, on loan, to the City of Eagan for the duration of the display schedule. • Up to 6 displays per year will be scheduled at the Eagan Community Center. Depending on scheduling, artwork may be on display for up to 24 weeks. Accepted artists will be notified of display schedule approximately 6 weeks in advance. • Media: All 2-D artwork must be display -ready, clean, dry, and wired for hanging. Hanging three- dimensional art must be no deeper than six inches. All artwork must be less than 25Ibs. No saw toothed hangers will be accepted. 3-D artwork must not exceed 12" x 12" x 12". There is limited space for 3-D artwork. • Sales: Artists may have their artwork available to purchase. Interested customers may contact the Eagan Art House for artist contact information. The artist will then handle all sales directly with the customer. Artwork must stay on display for the agreed upon schedule. • Artist is responsible for hanging, identification tags and removing artwork by the scheduled deadline. Artwork identification tags should no larger than 21/2" x 31/2" and include artist name, artwork title (if applicable) and selling price (if applicable). Artwork and identification tags must be hung using the Eagan Parks & Recreation display system. There will be a $50 equipment deposit. Deposit will be returned upon completion of the display if all equipment is accounted for and in working order. Hanging, take down and equipment return must be coordinated with Parks & Recreation staff. • All artwork must have an identification label securely attached to the back or bottom of the work. • Publicity: By submitting artwork, the artist grants a permanent license to the City of Eagan to photograph the artwork and to publish such photographs for educational uses, for catalogs, Internet, or publicity purposes. • Liability Waiver: No responsibility is assumed by the City of Eagan, their staff, or the public for any loss, theft or damage to your property. The artist will agree to release and hold harmless the City of Eagan, their staff, directors, officers, agents, affiliates and the public from any and all liability, cost or expense (including, without limitation, attorney's fees) arising out display of the property, including, without limitation, any claims for damages, lost or stolen Property. The Artist will further agree to indemnify and hold harmless the City of Eagan, their staff, directors, officers, agents, affiliates and the public, from any and all loss, damage, liability, cost or expense that the City of Eagan may incur or suffer as a result of any claim of any kind whatsoever arising out of my display of my property. Your signature on the Liability Waiver and submission of artwork indicates acceptance of these conditions. • Insurance: There will be no insurance coverage. Artists interested in insuring their artwork must make their own arrangements. Application Process • Submit attached application. • Submit 5-15 high resolution digital images on a CD, external hard drive, DVD or flash drive. You may also e-mail your images to the Eagan Art House. JPEG format is preferred, max 1 mg each. • A list of the images, date of work, title, medium and dimensions. • Artist statement about the work. If applying for a group, include a brief description of the group and the thread that ties the work together. • Stamped, self-addressed envelope for the return of your CD/ext drive if desired. Otherwise, materials will not be returned. The City of Eagan will retain your files for 1 year before disposal. • We will not review images in any other format than described or download images from your web site. -31 Eagan Parks & Recreation Art Display Application Submit application to: Eagan Art House 3830 Pilot Knob Road Eagan, MN 55122 jandersen@cityofeagan.com 651-675-5521 Artist Name (Please Print: Street Address: City/State/Zip Phone: E -Mail Title: Medium: Artist Statement: Release and Waiver of Liability , acknowledge and agree that display of my Property in the City of Eagan art displays,to be conducted at City of Eagan public buildings, involves the possibility that my property, including, without limitation, any art or other items on display (collectively, the "Property") may be damaged, lost or stolen, and I acknowledge I am assuming the risk of loss of the Property. I am aware that and the City of Eagan does not insure the Property, and that I must provide my own insurance if I so choose. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree to release and hold harmless the City of Eagan, their staff, directors, officers, agents, affiliates and the public from any and all liability, cost or expense (including, without limitation, attorney's fees) arising out display of my property, including, without limitation, any claims for damages, lost or stolen Property. I further agree to indemnify and hold harmless the City of Eagan, their staff, directors, officers, agents, affiliates and the public, from any and all loss, damage, liability, cost or expense that the City of Eagan may incur or suffer as a result of any claim of any kind whatsoever arising out of my display of my property. I hereby represent and warrant that I have read this Release and Waiver of Liability in its entirety and fully understand its contents. I have signed this Release and Waiver of Liability voluntarily and of my own free will. Signature Date Agenda Memo May 3, 2011 City Council Meeting P. APPROVE the Blue Cross Blue Shield Market Fest Partnership Contract and authorize the Mayor and City Clerk to sign all appropriate documents. ACTION TO BE CONSIDERED: Approve the Blue Cross Blue Shield Market Fest Partnership Contract to offer a frequent shopper and healthy eating challenge to their employees on a trial basis from June 8 -September 28, 2011. FACTS: • Blue Cross and Blue Shield of Minnesota approached Eagan Parks & Recreation last fall about offering a trial voucher program to their employees at the 2011 Eagan Market Fest to encourage shopping at a local farmers market for access to healthy produce. • Blue Cross and Blue Shield of Minnesota is dedicating $4,400 for the program which will cover 880-$5 vouchers good for produce at the Eagan Market Fest. All vouchers given and redeemed will be tracked. Any unused funds still left in the voucher account, will be returned to Blue Cross and Blue Shield within 14 days of the last market date at the end of September. • Blue Cross and Blue Shield of Minnesota employees who purchase produce at the Eagan Market Fest will receive a $5 voucher on their 5th produce purchase visit which can only be used at Market Fest produce vendors selling fruits & vegetables. • Participation by produce vendors is optional. Those that choose to participate will be identified by a sign at their booth stating they accept the vouchers. • City of Eagan has created a voucher tracking system in which Blue Cross and Blue Shield employees must show an employee ID, fill out a registration card which will be kept at the Market Grounds and each visit they purchase produce and show their purchase, they will receive a stamp. • Vouchers are not redeemed for cash and no cash change or alternative amount vouchers are given for unused funds from their purchase. • Blue Cross & Blue Shield of Minnesota staff will be present at the market the first three weeks to sign up employees and answer questions as well as the 5th week of the market, the first day vouchers will be distributed and redeemed. • This pilot program with Blue Cross and Blue Shield is a win-win situation. Blue Cross and Blue Shield has the opportunity to promote healthy eating to employees and the City of Eagan has the opportunity to increase attendance to Market Fest as well as test a frequent shopper program that may have the ability to be expanded in the future. • The contract has been reviewed and approved by both BCBS and City of Eagan legal counsel ATTACHMENTS: Contract between BCBS and City of Eagan on Pages 3b - 3S . This Agreement is by and between BCBSM, Inc., dba Blue Cross and Blue Shield of Minnesota ("Blue Cross") and the City of Eagan, Minnesota ("City"). Recitals Whereas, the City sponsors a weekly farmers market ("Market Fest") during the summer months; and Whereas, Blue Cross wishes to encourage its employees to patronize the farmers market as a component of Blue Cross' efforts to promote healthy eating habits, including consumption of fresh fruits and vegetables; and Whereas, the parties wish to collaborate on a pilot initiative to incent Blue Cross employees to increase their consumption of fresh fruits and vegetables available at Market Fest. Agreement The parties agree as follows: 1. The City will administer, and Blue Cross will promote to employees, a card -and - voucher program for Market Fest between June 8 — September 28, 2011, as follows: a. City will create participation cards (or other appropriate system to track participation) available to Blue Cross employees at the City's Market Fest information booth. Cards shall include such identifying and tracking information as the parties may agree from time to time. b. City shall provide a stamp (or other appropriate means to track purchases) to all Blue Cross employees who present both (1) an employee identification badge and (2) reasonable proof of a Market Fest produce purchase (e.g., a bag containing produce), with a maximum of one purchase -related stamp per participating employee per week. c. After 5 purchases, City shall give the participating Blue Cross employee a Market Fest voucher for $5.00 (or such other amount as the parties may agree from time to time), good for purchases at participating Market Fest produce vendors. Voucher design shall be subject to Blue Cross' approval for branding compliance. d. At least monthly, following the last Market Fest of the month, City will provide Blue Cross with a summary of employee participation, to include, participation data and/or such other data on which the parties may agree from time to time. 2. City will promote the program to Market Fest vendors and, upon redemption of vouchers, convert vouchers received from vendors to the face value amount in cash according to such process as the City may establish with the vendors. City, and not Blue Cross, will be responsible to vendors for voucher redemption. Page 1 of 2 35 3. Vouchers will have no cash value to Blue Cross employees (except in the event that an employee is also a participating vendor, in which case vendor redemption rules apply). Vouchers must be redeemed by employees and vendors on or before September 28, 2011; vouchers not redeemed by that date shall be void. No change shall be given for Market Fest purchases less than a voucher's face value. Market Fest purchase credits toward vouchers may not be combined with purchase credits of multiple employees. Lost vouchers will not be replaced. 4. City's participation is contingent upon Blue Cross' pre -funding of vouchers. Blue Cross will make an initial payment of $1000 to City for vouchers; City will notify Blue Cross by invoice at such time(s) as the voucher account balance is at or near $200, or when the forecasted voucher redemption exceeds $200, whereup Blue Cross will remit additional voucher funding in $500 increments. Any funds remaining after September 28, 2011 shall be refunded to Blue Cross in fourteen (14) days. Invoices shall be submitted to: Via U.S. Mail or other delivery service: Blue Cross and Blue Shield of Minnesota Attention: Sarah Marcum M430 3535 Blue Cross Road Eagan, Minnesota 55122 5. This agreement shall expire September 29, 2011 or until Blue Cross has paid $4,400 toward vouchers, except that obligations of reporting, payment, remaining fund refund and voucher redemption shall survive expiration or termination. Either party may terminate this agreement upon 14 days written notice to the other party. City of Eagan: City of Eagan: By: By: Name: Name: Title: Title: Date: Date: BCBSM, Inc.: By: Name: Colleen Connors Title: VP Human Resources Date: Page 2 of 2 �LF This Agreement is by and between BCBSM, Inc., dba Blue Cross and Blue Shield of Minnesota ("Blue Cross") and the City of Eagan, Minnesota ("City"). Recitals Whereas, the City sponsors a weekly farmers market ("Market Fest") during the summer months; and Whereas, Blue Cross wishes to encourage its employees to patronize the farmers market as a component of Blue Cross' efforts to promote healthy eating habits, including consumption of fresh fruits and vegetables; and Whereas, the parties wish to collaborate on a pilot initiative to incent Blue Cross employees to increase their consumption of fresh fruits and vegetables available at Market Fest. Agreement The parties agree as follows: 1. The City will administer, and Blue Cross will promote to employees, a card -and - voucher program for Market Fest between June 8 — September 28, 2011, as follows: a. City will create participation cards (or other appropriate system to track participation) available to Blue Cross employees at the City's Market Fest information booth. Cards shall include such identifying and tracking information as the parties may agree from time to time. b. City shall provide a stamp (or other appropriate means to track purchases) to all Blue Cross employees who present both (1) an employee identification badge and (2) reasonable proof of a Market Fest produce purchase (e.g., a bag containing produce), with a maximum of one purchase -related stamp per participating employee per week. c. After 5 purchases, City shall give the participating Blue Cross employee a Market Fest voucher for $5.00 (or such other amount as the parties may agree from time to time), good for purchases at participating Market Fest produce vendors. Voucher design shall be subject to Blue Cross' approval for branding compliance. d. At least monthly, following the last Market Fest of the month, City will provide Blue Cross with a summary of employee participation, to include, participation data and/or such other data on which the parties may agree from time to time. 2. City will promote the program to Market Fest vendors and, upon redemption of vouchers, convert vouchers received from vendors to the face value amount in cash according to such process as the City may establish with the vendors. City, and not Blue Cross, will be responsible to vendors for voucher redemption. Page 1 of 2 s7 3. Vouchers will have no cash value to Blue Cross employees (except in the event that an employee is also a participating vendor, in which case vendor redemption rules apply). Vouchers must be redeemed by employees and vendors on or before September 28, 2011; vouchers not redeemed by that date shall be void. No change shall be given for Market Fest purchases less than a voucher's face value. Market Fest purchase credits toward vouchers may not be combined with purchase credits of multiple employees. Lost vouchers will not be replaced. 4. City's participation is contingent upon Blue Cross' pre -funding of vouchers. Blue Cross will make an initial payment of $1000 to City for vouchers; City will notify Blue Cross by invoice at such time(s) as the voucher account balance is at or near $200, or when the forecasted voucher redemption exceeds $200, whereup Blue Cross will remit additional voucher funding in $500 increments. Any funds remaining after September 28, 2011 shall be refunded to Blue Cross in fourteen (14) days. Invoices shall be submitted to: Via U.S. Mail or other delivery service: Blue Cross and Blue Shield of Minnesota Attention: Sarah Marcum M430 3535 Blue Cross Road Eagan, Minnesota 55122 5. This agreement shall expire September 29, 2011 or until Blue Cross has paid $4,400 toward vouchers, except that obligations of reporting, payment, remaining fund refund and voucher redemption shall survive expiration or termination. Either party may terminate this agreement upon 14 days written notice to the other party. City of Eagan: City of Eagan: By: By: Name: Name: Title: Title: Date: Date: BCBSM, Inc.: By: Name: Colleen Connors Title: VP Human Resources Date: Page 2 of 2 Agenda Information Memo May 3, 2011 City Council Meeting Q. APPROVE A LETTER OF SUPPORT FOR DAKOTA VALLEY RECYCLING'S GREENCORPS PROGRAM APPLICATION ACTIONS TO BE CONSIDERED: To approve a letter of support for Dakota Valley Recycling's GreenCorps Program Application FACTS: • Dakota Valley Recycling (DVR) is submitting an application to participate in the Minnesota GreenCorps Program. • Minnesota GreenCorps, coordinated by the Minnesota Pollution Control Agency (MPCA), began in September 2009. The program places AmeriCorps members with host organizations around the state to assist communities and local governments in addressing a variety of statewide needs, aiming to: o Reduce solid waste and increase recycling in Minnesota communities o Reduce greenhouse gases and other air pollutants o Reduce water runoff and improve water quality o Assist community members to take eco friendly actions o Train new environmental professionals • The application being submitted by DVR is in partnership with the cities of Eagan, Burnsville, and Apple Valley. Together, we are seeking a "Living Green" volunteer who would assist DVR in the upgrade of their new website by providing environmental content, and also would provide assistance to the communities on the GreenStep Cities efforts. • The program is entirely grant funded, with no match required by the participating cities. DVR staff and the three partner cities must provide in-kind staff support by providing supervision of the GreenCorps member. • The GreenCorps volunteers are in high demand, and thus it is a competitive process. DVR will learn this summer whether they have been selected as a GreenCorps host site. ATTACHMENTS: • Enclosed on page / -40 is the proposed letter of support for the application being submitted by DVR to participate in the GreenCorps Program. The GreenCorps application is available for review in Administration if requested. 3(i 41!!! City of Evan 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 www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. May 3, 2011 Ms. Stephanie Souter Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul MN 55155-4194 Dear Ms. Souter: The City of Eagan strongly supports the efforts of Dakota Valley Recycling (DVR) to host a Minnesota "Living Green" GreenCorps volunteer. The work that the GreenCorp volunteer could do to provide environmental content for the new DVR website will provide an opportunity to broaden the outreach of Dakota Valley Recycling, a shared recycling department for the cities of Eagan, Apple Valley and Burnsville. Evaluating and expanding the website will allow DVR and our collective three communities to reach out to more residents, businesses, and educators as we seek to achieve the City's goal towards environmental sustainability and energy conservation. The City of Eagan would welcome and embrace the opportunity to be a part of the Minnesota GreenCorps program. Sincerely, Mike Maguire Mayor o Agenda Information Memo May 3, 2011 City Council Meeting S. APPROVE AMENDMENT TO CITY CODE, CHAPTER 2, SECTION 2.50 ADVISORY COMMISSIONS AND COMMITTEES ACTIONS TO BE CONSIDERED: To approve an amendment to City Code, Chapter 2, Section 2.50 Advisory Commissions and Committees FACTS: • At the April 26, 2011 Special City Council meeting, the City Council directed the preparation of an ordinance amendment to City Code, Chapter 2, Section 2.50 pertaining to advisory commissions. • The ordinance currently states that the Council shall appoint alternates to each commission and the amendment changes the ordinance to state that the Council may appoint alternatives to the advisory commissions. • At the April 26 Special City Council meeting, the Council voiced their desire for the amendment to ensure the best use of the advisory commission applicants. • A few "housekeeping" changes were also made to the ordinance to make the language gender -neutral. ATTACHMENTS: • Enclosed on pages 4 throughis the proposed amendment to City Code, Chapter 2, Section 2.50. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.50 REGARDING ADVISORY COMMISSIONS AND COMMITTEES GENERALLY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by changing Section 2.50, to read as follows: Sec. 2.50. Advisory commissions and committees generally. All advisory commission and committee appointments authorized by ordinance or resolution shall be made by the council at the second regular meeting in April of each year or at such other time as determined by the council and such appointments confirmed prior to the expiration of the existing terms. The term of each appointee shall be established and stated at the time of his appointment. Each commission or committee shall be composed of a maximum of seven regular members who shall serve staggered (three or four members subject to appointment each year) two-year terms, unless otherwise required by statute, Code or resolution. However, no member may serve more than five consecutive two-year terms or more than ten consecutive years on any one commission or committee. An eighth person shall may be appointed to each commission or committee as an alternate for a period of one year and shall have all of the powers and duties of a commission or committee member during the absence or disability of a regular member. Notwithstanding the provisions of this section, the council may by resolution establish special ad hoc committees or groups consisting of any number of members appointed for periods at the council's discretion. New appointees shall assume office at the first meeting of the commission or committee after appointment. However, all appointees to commissions and committees shall hold office until their successors are appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be effective immediately when made and only for the unexpired term. No appointed commission or committee member shall be an employee of the city, but an ex officio member may be so employed. All appointed commission and committee members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the council before they were incurred. The chairman and secretary shall be chosen from and by the commission and committee membership to serve for the current year. Any commission or committee member may be removed by the council for misfeasance, malfeasance or nonfeasance in office and his position filled as any other vacancy. Each commission and committee shall hold its regular meetings at a time established and approved annually by the commission or committee. The city administrator shall be an ex officio member of all commissions and committees, provided that he may be represented by his assistant or some person duly authorized by him. All commissions and committees shall act as advisory to the council. Except as otherwise provided, this section shall apply to all commissions and committees. This section shall not affect the length of a term, maximum number of consecutive terms, or number of commissioners serving on Burnsville and Eagan's joint Telecommunications Commission. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo May 3, 2011, Eagan City Council Meeting T. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR BEN ISDER AND MARV MARZECHA, B & M TREE SERVICE & LANDSCAPE. ACTION TO BE CONSIDERED: To approve a tree maintenance contractor license for Ben Isder and Mary Marzecha, B & M Tree Service & Landscape, 2341 225th Ave, Pierz, MN. FACTS: Ben Isder and Mary Marzecha, owners of B & M Tree Service and Landscape, have applied for a Tree Maintenance Contractor license for 2011. All requirements of the application have been met and the fee has been paid. Staff recommends approval. ATTACHMENTS (0): None. The application is available for review in the Administration Department. Agenda Information Memo May 3, 2011 Eagan City Council Meeting PUBLIC HEARING: A. PROJECT 1035, DENMARK AVE & PROMENADE PLACE INTERSECTION CONTROL & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve or Cancel Project 1035 (Denmark Ave & Promenade Place) and if approved, authorize the preparation of detailed plans and specifications. FACTS: • On March 20, 2007, the City Council provided consensus on the various proposed preferred alternatives for each of the three segments included in the final draft of the Yankee Doodle Road (CSAH 28) Corridor and Access Management Study. As part of this discussion, the City Council indicated interest in the operational review of the intersection of Denmark Avenue and Promenade Place, a private driveway access to the Eagan Promenade. • Staff review acknowledged that the east leg of the intersection (private drive) operated poorly for westbound traffic, with long delays and queues that block access to adjacent parking lots. Accordingly, an intersection improvement was scheduled for 2011 in the 2009-2013 Capital Improvement Program. • On March 16, 2010, the Council approved an agreement with Dakota County (under Project 925) that provided for the Engineering Design, Right of Way acquisition and Construction of a signal at Yankee Doodle Rd and Promenade Ave, which also included Promenade's southerly extension through the Blue Cross 10 story office complex to Town Center Dr. Due to the difficulties and expense of acquiring the significant amount of right or way related to the Promenade Avenue street extension, that portion of Project 925 has been delayed by the County. • That agreement with the County also included an Intersection Control Evaluation (ICE) study for the intersection of Denmark Ave with Promenade Place (private drive near Blockbuster Video), due to its proximity to the proposed Yankee Doodle Rd improvements. This ICE would determine whether a traffic signal or roundabout would be the better design alternative at this private drive intersection with Denmark Ave. • In addition, intersection modifications at Yankee Doodle Rd with Denmark Avenue and Yankee Place as well as at Denmark Avenue with Town Centre Drive were also identified in the earlier Project 925. The minor geometric modifications to the Yankee Doodle & Denmark intersection would allow the existing signal to function more efficiently. The changes to the Denmark & Town Center intersection would eliminate the southbound left turns from Denmark onto Town Center thereby providing more storage for northbound vehicles turning left onto Yankee Doodle Rd. • With the delay in the major street extension and signal at Yankee Doodle and Promenade as mentioned above, City Staff prepared a Feasibility Report for a separate City Project 1035 to focus on the identified Denmark Ave improvements. An assessable pavement preservation overlay on Denmark was also added to the project's scope resulting in the need for a formal public hearing. • This Feasibility Report was presented to the Council on April 5 with a public hearing scheduled for May 3. On April 25, an informational meeting was held with various interested nearby businesses (5), which expressed concerns with: a) the proposed signal instead of a roundabout on Denmark at Promenade Place, b) the elimination of left turns from southbound Denmark onto Town Center Dr. and, c) the delay in the signal installation on Yankee Doodle at Promenade Ave. Agenda Information Memo May 3, 2011 Eagan City Council Meeting Public Hearing A. (continued) ISSUES: • Several good questions were raised during the informational meeting that may not have been fully addressed in the various evaluations regarding the interdependence of the 3 intersections in question on Denmark Ave: Yankee Doodle Rd, Promenade Place and Town Center Dr. Subsequently, staff believes that further study of all intersections together would be beneficial and could possibly result in a modification to the scope or timing of the improvements being proposed under Project 1035. Subsequently, a cancellation of this proposed project as presented would allow City staff to do further evaluations before bringing it back for reconsideration at a future date. ATTACHMENTS: • Feasibility Report for Project 1035, pages Li 1 through (oLl . • Informational Meeting Minutes, pages (0 5 and LQ • Yankee Doodle Corridor Study map of area improvements, page Co 7 . 4,11 City of Evan Report for Denmark Avenue and Promenade Place Intersection Traffic Control & Street Improvements City Project No. 1035 April 2011 14-7 City of Evan Mike Maguire Mayor April 1, 2011 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 www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Denmark Avenue and Promenade Place Intersection Traffic Control & Street Improvements City Project No. 1035 Dear Mayor and City Council: Attached is our report for the Denmark Avenue and Promenade Place — Intersection Traffic Control and Street Improvements, City Project No. 1035. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, Russ A. Matthys City Engineer Re 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. «` " Russ A. Matthys J Date: 4 - I' - 11 Reg. No. 22464 ept. of Public Works Reviewe j -B ;�I Finance Dept. Date: Date: TABLE OF CONTENTS Page Introduction/History 1 Scope 2 Feasibility and Recommendations 3 Signal Justification Report/Street Evaluation 4 Proposed Improvements 5 Easements/Permits 7 Cost Estimate 7 Area To Be Included 7 Assessments 7 Assessment Financing Options 8 Revenue Source 9 Project Schedule 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 f) q April 2011 Intersection Traffic Control & Street Improvements Denmark Avenue and Promenade Place Eagan, Minnesota Introduction/ History Traffic Control — As part of the Yankee Doodle Road (CSAH 28) Corridor and Access Management Study, the City Council actively participated in the review of the recommended transportation system reconfigurations and operation enhancements. After significant discussion at multiple meetings, on March 20, 2007, the City Council provided consensus on the various proposed preferred alternatives for each of the three segments included in the final draft of the corridor and access management study. As part of this discussion, the City Council indicated interest in the operational review of the intersection of Denmark Avenue and Promenade Place, a private driveway access to the Eagan Promenade. Staff review acknowledged that the east leg of the intersection operated poorly for westbound traffic, with long delays and queues that block access to adjacent parking lots. Accordingly, an intersection improvement was scheduled for 2011 in the 2009-2013 Capital Improvement Program. Street - 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 approximately 0.2 miles (1,150 feet) of major collector street in the Eagan Promenade and Town Centre neighborhoods in north -central Eagan are identified for 2011 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this commercial neighborhood were constructed or overlayed in 1996. Denmark Avenue & Promenade Place Cj 1 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 15-20 years for Major Collectors or higher functional classified roads. Overlaying the roadways located within the project area, which is presently at or approaching the 15 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Median improvements recommended by the Yankee Doodle Road Corridor and Access Management Study are scheduled to be completed by Dakota County (Project 28-30) this summer that will result in multiple street surface patches throughout this segment of street. Coordination of an overlay in conjunction with the median improvements will enhance the street's structural integrity. 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 Denmark Avenue was seal coated south and north of Yankee Doodle Road in 2002 and 2008. 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 the installation of a new traffic control signal at the intersection of Denmark Avenue and Promenade Place (a private street/driveway) and resurfacing (edge mill and overlay) for approximately 0.2 miles (1,150 feet) of roadway in coordination with County Project 28-30. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; related traffic signal coordination with existing signal systems at Yankee Doodle Road and Town Centre Drive, replacement of damaged curb and gutter, adjustments and/or replacement to water gate valves or sanitary/storm sewer utility castings, street signage, pavement markings and pedestrian ramps. Denmark Avenue & Promenade Place '5I 2 Feasibility and Recommendations The project is necessary to address Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) Signal Warrants 1, 2, and 3 being met at the intersection under existing conditions, 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 traffic signal improvement is considerably less expensive than a roundabout at this location and the street improvement (resurfacing) is considerably Tess expensive than complete reconstruction of this street. The project is feasible in that the traffic signal will more clearly assign vehicular and pedestrian right-of-way, increasing the operating efficiency and safety of the intersection, and this type of street 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 and attempt to do so in combination with other similar projects in the area, such as Dakota County Project 28-30. Denmark Avenue & Promenade Place 1:3() 3 Signal Justification Report Justification of the proposed signal system was studied with respect to the warrants outlined in the MnMUTCD. Hourly traffic counts were taken at the intersection in June 2010 and compared to previous counts taken in 2009. AM and PM peak hour counts were performed in addition to turning movement counts. Based on these traffic counts, three of the traffic signal warrants from the MnMUTCD are currently met. The warrants that are met are Warrant 1 (Eight -Hour Vehicular Volume) and Warrant 2 (Four -Hour Vehicular Volume). Warrant 3 (Peak Hour) was narrowly missed by only five vehicles and will likely be met in the next few years. Any of these warrants alone would justify the placement of a traffic control signal. 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: The "projected" 2011 PCI ranking for this segment of Denmark Avenue has a weighted average pavement condition rating of 59, which falls in the lower rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category, as mentioned above. In order to maintain the structural integrity of the pavement and achieve a cost benefit, it is recommended to complete the improvements in conjunction with the proposed County Project 28-30 at this time. 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 section and be more costly. Denmark Avenue & Promenade Place -3 4 PCI Recommended Improvement 56 — 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct/ Reclaim The "projected" 2011 PCI ranking for this segment of Denmark Avenue has a weighted average pavement condition rating of 59, which falls in the lower rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category, as mentioned above. In order to maintain the structural integrity of the pavement and achieve a cost benefit, it is recommended to complete the improvements in conjunction with the proposed County Project 28-30 at this time. 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 section and be more costly. Denmark Avenue & Promenade Place -3 4 Proposed Improvements Traffic Control Signal - The proposed traffic control signal improvements for Denmark Avenue and Promenade Place would include standard signal poles and mast arms similar to the existing traffic signals in the area. Associated standard (City of Eagan) traffic signal components would include LED traffic signal lamps, Emergency Vehicle Pre-emption (EVP), loop detectors and interconnection with the existing Denmark Avenue traffic signals at Yankee Doodle Road and Town Centre Drive. New traffic signal components would include flashing yellow arrow signals and pedestrian safety enhancements such as Pedestrian Countdown Signals and Accessible Pedestrian Signals (APS). APS is a device that communicates information about pedestrian timing in non -visual formats such as audible tones and verbal messages that can provide information to pedestrians about: the existence of and location of the pushbutton; the beginning of the WALK interval; the direction of the crosswalk and location of the destination curb; the intersection street names through speech messages. The signal poles and mast arms are also proposed to be galvanized (unpainted) to save on the initial and long term maintenance costs. Pavement - The proposed street improvements for Denmark Avenue are shown in Figure 3. The existing street section for this roadway consists of 7.5" bituminous pavement supported by 12" 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 commercial 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 Denmark Avenue & Promenade Place Li L 5 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 10% 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. 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 for the appropriate connection to the existing trails along or intersecting Denmark Avenue. Denmark Avenue & Promenade Place Commercial/Industrial Lots — Street Overlay Improvements (Denmark Avenue) The 7 commercial/industrial lots as shown on Figure 2 adjacent to Denmark Avenue to be improved, are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial/industrial properties, based on lot size/ area. The estimated cost per commercial lot to be assessed based on the City Assessment Policy is $1,945/acre and is calculated as follows: 2,004 ft (Assessable Front Footage) _ 1) % Commercial/Industrial Assessable = 2,508 ft (Total Front Footage) _ 79.9% 2) 100% x 79.9% x $118,500 (Mill & Overlay and Signage Cost) _ $94,683 (Total Commercial Assessment) 3) _ $94,683 (Total Commercial Assessment) $1,945 48.7 (Commercial/Industrial acreage) Acre The remaining Denmark Avenue frontage within the project area (504 front feet or 20.1%) is for a storm pond on City owned property and therefore, not assessable under the City's Assessment Policy. Commercial/Industrial Lots — Concrete Entrance Apron Replacement (Denmark Avenue) The adjacent commercial/ industrial property with driveways not to current City standards (3375 Denmark Avenue, 3380 Denmark Avenue, 3385 Denmark Avenue, 1263 Promenade Place, 1275 Town Centre Drive) 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 $106 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 with Denmark Avenue & Promenade Place 8 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 Yankee Doodle Road at Denmark Avenue. 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: Denmark Avenue and Promenade Place Intersection Traffic Control & Street Improvements • Traffic Control Signal $ 318,600 • Mill & Overlay w/ signage $ 118,500 • Concrete Entrance Aprons $ 20,000 • Repair Existing Concrete Curb & Gutter $ 14,800 Total $ 471,900 Area To Be Included Properties included in the project lie within the S 1/2 of Section 10, lying North of Yankee Doodle Road and East and West of Denmark Avenue and the NW 1/4 of Section 15, lying South of Yankee Doodle Road and East and West of Denmark 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 street overlay improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for commercial/industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Overlay — Commercial/Industrial 100% 0% Concrete Entrance Aprons— Commercial/Industrial 100% 0% Traffic Control Signal 0% 100% Repair Existing Concrete Curb & Gutter 0% 100% Denmark Avenue & Promenade Place (3- 7 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 $1,945 per acre assessment with an estimated 5% interest for the assessed amounts: Commercial/Industrial Lot = $1,945 per acre First Year Fifth Year Revenue Source Principal Per Year Interest Per Year Cost Per Year $389 $105 $494 $389 $19 $408 A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $357,200 (76% of total). Project Schedule Present Feasibility Report to City Council April 5, 2011 Informational Meeting April 25, 2010 Public Hearing May 3, 2011 Approve Plans and Specifications May 17, 2011 Award Contract June 21, 2011 Project Completion September, 2011 Final Cost Report October, 2011 Final Assessment Hearing Fall, 2011 First Payment Due with Property Tax Statement May 15, 2012 Denmark Avenue & Promenade Place LJSJR 9 Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 118,500 $ 94,700 $ 23,800 Concrete Entrance Aprons $ 20,000 $ 20,000 $ 0 Traffic Control Signal $ 318,600 $ 0 $ 318,600 Repair Existing Curb $ 14,800 $ 14,800 Totals $ 471,900 $ 114,700 $ 357,200 The City's Major Street Fund will finance the estimated project deficit of $357,200 (76% of total). Project Schedule Present Feasibility Report to City Council April 5, 2011 Informational Meeting April 25, 2010 Public Hearing May 3, 2011 Approve Plans and Specifications May 17, 2011 Award Contract June 21, 2011 Project Completion September, 2011 Final Cost Report October, 2011 Final Assessment Hearing Fall, 2011 First Payment Due with Property Tax Statement May 15, 2012 Denmark Avenue & Promenade Place LJSJR 9 Appendix A Preliminary Cost Estimate Denmark Avenue & Promenade Place Trafic Signal & Street Improvements City Project 1035 Part I - Bituminous Street Overlay 2021.501 Mobilization 2232.501 2360.501 2357.502 2504.602 2504.602 2504.602 2504.602 2504.602 2582.501 2582.501 2582.501 2582.502 2582.502 2582.502 2582.503 2565.602 2563.601 2563.601 Subtotal Mill Bituminous Pavement (1 1/4" depth) SPWEA340B Wearing Course Mixture Bituminous Material for Tack Coat Adjust Frame and Ring Casting (Manhole) Adjust Manhole Casting - Riser Adjustment Adjust Water Valve Box Repair Gate Valve Mid Section Repair Gate Valve Top Section w/ Cover Pavement Message Arrow (Left) - Epoxy Pavement Message Arrow (Right) - Epoxy Pavement Message Arrow (Thru) - Epoxy 4" Solid Line White - Epoxy 24" Solid Line White - Epoxy 12" Solid Line White - Epoxy Zebra Crosswalk White - Epoxy NMC Loop Detector 6' x 6' Signage Remove & Replace Traffic Control 5% Contingency Subtotal 30% Indirect Costs Part I - Bituminous Street Overlay LS 1.00 $ 3,000.00 $ 3,000.00 SY 3,335 $ 0.70 $ 2,334.50 TON 800 $ 60.00 $ 48,000.00 GAL 600 $ 3.00 $ 1,800.00 EA 1 $ 450.00 $ 450.00 EA 2 $ 180.00 $ 360.00 EA 2 $ 150.00 $ 300.00 EA 1 $ 300.00 $ 300.00 EA 1 $ 250.00 $ 250.00 EA 8 $ 115.00 $ 920.00 EA 6 $ 115.00 $ 690.00 EA 2 $ 115.00 $ 230.00 LF 1,675 $ 0.22 $ 368.50 LF 195 $ 5.32 $ 1,037.40 LF 762 $ 4.03 $ 3,070.86 SF 432 $ 3.00 $ 1,296.00 EA 12 $ 900.00 $ 10,800.00 LS 1 $ 10,000.00 $ 10,000.00 LS 1 $ 1,625.00 $ 1,625.00 $ 86,832.26 $ 4,342 $ 91,174 $ 27,352 $ 118,526 Part II - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb & Gutter LF 80 $ 4.50 $ 360.00 2104.503 Remove 4" Concrete Sidewalk SF 1,050 $ 1.50 $ 1,575.00 2104.505 Remove Bituminous Pavement SY 13 $ 7.50 $ 97.50 2211.501 6" Aggregate Base, CI. 5 (100% Crushed) TON 3 $ 22.00 $ 66.00 2350.505 Type LVWE45030B Wear Course - Patch TON 2.5 $ 90.00 $ 225.00 2506.602 Adjust Frame & Ring Casting (CB) EA 6 $ 205.00 $ 1,230.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA 4 $ 150.00 $ 600.00 2521.501 4" Concrete Walk SF 750 $ 3.50 $ 2,625.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SE 300 $ 4.00 $ 1,200.00 2531.501 Concrete Curb & Gutter B618 LF 80 $ 15.00 $ 1,200.00 2531.618 Truncated Dome Detectable Warning Paver SF 28 $ 35.00 $ 980.00 2575.505 Sodding, Type Lawn (Highland) SY 20 $ 4.50 $ 90.00 2575.551 Compost, Grade 1 TON 2 $ 27.00 $ 54.00 Subtotal $ 10,302.50 5% Contingency Subtotal 30% Indirect Costs Part II - Repair Existing Curb & Gutter $ 515 $ 10,818 $ 3,245 $ 14,063 Estimate Unit Estimated Item No. Item Unit Qty Price Cost Part I - Bituminous Street Overlay 2021.501 Mobilization 2232.501 2360.501 2357.502 2504.602 2504.602 2504.602 2504.602 2504.602 2582.501 2582.501 2582.501 2582.502 2582.502 2582.502 2582.503 2565.602 2563.601 2563.601 Subtotal Mill Bituminous Pavement (1 1/4" depth) SPWEA340B Wearing Course Mixture Bituminous Material for Tack Coat Adjust Frame and Ring Casting (Manhole) Adjust Manhole Casting - Riser Adjustment Adjust Water Valve Box Repair Gate Valve Mid Section Repair Gate Valve Top Section w/ Cover Pavement Message Arrow (Left) - Epoxy Pavement Message Arrow (Right) - Epoxy Pavement Message Arrow (Thru) - Epoxy 4" Solid Line White - Epoxy 24" Solid Line White - Epoxy 12" Solid Line White - Epoxy Zebra Crosswalk White - Epoxy NMC Loop Detector 6' x 6' Signage Remove & Replace Traffic Control 5% Contingency Subtotal 30% Indirect Costs Part I - Bituminous Street Overlay LS 1.00 $ 3,000.00 $ 3,000.00 SY 3,335 $ 0.70 $ 2,334.50 TON 800 $ 60.00 $ 48,000.00 GAL 600 $ 3.00 $ 1,800.00 EA 1 $ 450.00 $ 450.00 EA 2 $ 180.00 $ 360.00 EA 2 $ 150.00 $ 300.00 EA 1 $ 300.00 $ 300.00 EA 1 $ 250.00 $ 250.00 EA 8 $ 115.00 $ 920.00 EA 6 $ 115.00 $ 690.00 EA 2 $ 115.00 $ 230.00 LF 1,675 $ 0.22 $ 368.50 LF 195 $ 5.32 $ 1,037.40 LF 762 $ 4.03 $ 3,070.86 SF 432 $ 3.00 $ 1,296.00 EA 12 $ 900.00 $ 10,800.00 LS 1 $ 10,000.00 $ 10,000.00 LS 1 $ 1,625.00 $ 1,625.00 $ 86,832.26 $ 4,342 $ 91,174 $ 27,352 $ 118,526 Part II - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb & Gutter LF 80 $ 4.50 $ 360.00 2104.503 Remove 4" Concrete Sidewalk SF 1,050 $ 1.50 $ 1,575.00 2104.505 Remove Bituminous Pavement SY 13 $ 7.50 $ 97.50 2211.501 6" Aggregate Base, CI. 5 (100% Crushed) TON 3 $ 22.00 $ 66.00 2350.505 Type LVWE45030B Wear Course - Patch TON 2.5 $ 90.00 $ 225.00 2506.602 Adjust Frame & Ring Casting (CB) EA 6 $ 205.00 $ 1,230.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA 4 $ 150.00 $ 600.00 2521.501 4" Concrete Walk SF 750 $ 3.50 $ 2,625.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SE 300 $ 4.00 $ 1,200.00 2531.501 Concrete Curb & Gutter B618 LF 80 $ 15.00 $ 1,200.00 2531.618 Truncated Dome Detectable Warning Paver SF 28 $ 35.00 $ 980.00 2575.505 Sodding, Type Lawn (Highland) SY 20 $ 4.50 $ 90.00 2575.551 Compost, Grade 1 TON 2 $ 27.00 $ 54.00 Subtotal $ 10,302.50 5% Contingency Subtotal 30% Indirect Costs Part II - Repair Existing Curb & Gutter $ 515 $ 10,818 $ 3,245 $ 14,063 Part III - Concrete Entrance Aprons 2104.501 Remove Concrete Curb & Gutter LF 40 $ 6.00 $ 240 2104.505 Remove Concrete Valley Gutter SY 24 $ 10.00 $ 240 2104.505 Remove Concrete Driveway SY 3 $ 14,00 $ 42 2104.505 Remove Bituminous Pavement SY 209 $ 4.75 $ 993 2105.501 Common Excavation CY 26.5 $ 18.75 $ 497 2211.511 Aggregate Base, CL. 5 (100% Crushed) TON 35 $ 15.00 $ 525 2360.505 SPWEA340B Wear Course -Patch TON 12 $ 100.00 $ 1,200 2531.501 B618 Conc Curb & Gutter LF 40 $ 15.00 $ 600 2531.503 7" Conc Apron Incl. Curb & Gutter (High -Early) SY 188.5 $ 55.00 $ 10,368 2575.505 Sodding SY 15 $ 7.00 $ 105 2575.551 Compost/Topsoil Mixture TON 1.5 $ 20.00 $ 30 Subtotal $ 14,839 5% Contingency $ 742 Subtotal $ 15,581 30% Indirect Costs $ 4,674 Part III - Concrete Entrance Aprons Part IV - F & I Traffic Control Signal 2550.501 F & I Traffic Control Signal System $ 20,255 LS 1 $ 233,395.00 $ 233,395 5% Contingency $ 11,669.75 Subtotal $ 245,064.75 30% Indirect Costs $ 73,519.43 Part IV - F & I Traffic Control Signal $ 318,584 Part 1 - Bituminous Street Overlay $ 118,526 Part II - Repair Existing Curb & Gutter $ 14,063 Part III - Concrete Entrance Aprons $ 20,255 Part IV - F & I Traffic Control Signal $ 318,584 Project 1035 Total Cost $ 471,429 Appendix B Preliminary Assessment Roll Denmark Avenue & Promenade Place City Project 1035 Street Overlay PD - Commercial (Planned Development) CSC - Commercial (Community Shopping Center) Street Address Plat P.I.D. Lot Area Rate/Acre Street Assessment 3375 Denmark Ave Eagan Promenade 10-01000-020-56 1.00 $1,945 $1,945 3385 Denmark Ave Eagan Promenade 10-22472-010-01 0.99 $1,945 $1,926 1263 Promenade PI Eagan Promenade 10-22472-092-02 29.36 $1,945 $57,105 1275 Town Centre Dr Town Centre 70 3rd 10-77027-010-01 1.08 $1,945 $2,101 1270 Yankee Doodle Rd Town Centre 100 2nd 10-77051-010-01 2.25 $1,945 $4,376 1298 Promenade PI Eagan Promenade 10-22472-020-02 1.35 $1,945 $2,626 3380 Denmark Ave Eagan Promenade 10-22472-010-02 2.63 $1,945 $5,115 1294 Promenade PI Eagan Promenade 10-22472-030-02 2.12 $1,945 $4,123 1288 Promenade PI Eagan Promenade 10-22472-040-02 1.95 $1,945 $3,793 1280 Promenade PI Eagan Promenade 10-22472-050-02 2.10 $1,945 $4,085 1260 Promenade PI Eagan Promenade 10-22472-070-02 1.09 $1,945 $2,120 1270 Promenade PI Eagan Promenade 10-22472-060-02 2.76 $1,945 $5,368 Subtotals 48.68 $94,683 Assessment Total $94,683 Entrance Driveway Aprons PD - Commercial (Planned Development) CSC - Commercial (Community Shopping Center) Street Address Plat P.I.D. Apron Area Rate/Sq Yd Drwy Apron Assessment 3375 Denmark Ave Eagan Promenade 10-01000-020-56 31.0 $106 $3,286 3380 Denmark Ave Eagan Promenade 10-01000-010-02 34.0 $106 $3,604 3385 Denmark Ave Eagan Promenade 10-22472-010-01 42.5 $106 $4,505 1263 Promenade PI Eagan Promenade 10-22472-092-02 78.0 $106 $8,268 1275 Town Centre Dr Town Centre 70 3rd 10-77027-010-01 3.0 $106 $318 Subtotals 188.5 $19,981 Assessment Total $19,981 (c' 12:13:42 PM 0 N PIl i SEH PRONE1 16511 490-2000 3575 0009910 CENTER OR, ST. PAl1L, 104 55110 INTERSECTION LOCATION DENMARK AVENUE AT PROMENADE PLACE (10EAN, MINNESOTA FIGURE 1 3 Promenade` Place = 1288 IA A A ^41 r' n *Mit) -. .i. x x T. r . ht ! It; x71ipx0 • YalikgkDpOd1'e Rd. nu'elb � f8 Yankee Doodle Road • 41.41P4"111,,, t rt. Sig9910.r. '41 b 123 5 3 .r t3t- . x r n y. TAMIL. LEGEND IN Assessable Area x . x� si 1 1 ar 1 G:/Projects & Contract Into\ 1035 Denmark Ave & Promenade Denmark Ave. & Promenade Place a d .16 Street Improvements - Project 1035 Figure 2 x n z Area Map City of Email Assessment 60 3 Date: 04/04/2011 Denmark Avenue Ct Go c ) c CO EO 0 c M c CO 0 ors 0 op c 0) (/ CC W 0 D CC < CC LU WaW Z m m 12" CL 5 BASE 0 N M N 7 Ll.. N o coin CO O O (- C3 O 0 E O O U) LL cn 06 c • ID O) > • O +) Q • X E c w 0 E r m 0 a) C 0:4 0 C 0) LU 10 Ld aoeuawai.4 Ay HJewu r1 c siowiuO1 q S1o2IOJ,.1\:c1 tlC bIJ\SoiUdBJ�11 C CITY PROJECT NO 1035 INFORMATIONAL NEIGHBORHOOD MEETING DENMARK AVENUE AND PROMENADE PLACE STREET INTERSECTION TRAFFIC CONTROL & STREET IMPROVEMENTS MONDAY, APRIL 25, 2011, 3:00 p.m. EAGAN ROOM Attendance: Russ Matthys, City Engineer; Tom Colbert, Public Works Director; Kristi Sebastian, Dakota County Traffic Engineer; Tom Anton, Dakota County Design Engineer; Mike McCurdy, Consultant — SEH; 7 business representatives representing 5 properties (see attached sign -in sheet). Presentation of Project Details: • Mr. Matthys welcomed the attendees and provided a power point presentation including information about the proposed improvement. Details of the presentation included the project construction, costs, schedule and assessments. An update of Dakota County's proposed improvements on Yankee Doodle Road (Project 925R) was also provided. • Questions were asked throughout the presentation and a good dialogue ensued staff's responses. Questions/ Comments 1. Why isn't a roundabout being proposed at Promenade Place and Denmark Avenue? An Intersection Control Evaluation was prepared to analyze what was needed for traffic control at this intersection now and into the next 20 years. While either option appears to be possible, the consultant was concerned about potential backup of traffic (2030) into the roundabout that may inhibit the operation. Put signal in at Promenade Avenue & Yankee Doodle Road, then you won't need a signal at Promenade Place and Denmark Avenue; traffic will go both directions so roundabout would work. Not sure that this would be the case, but the point is valid and worthy of further research. (Using existing traffic data at Promenade Place/Denmark Ave & Yankee Doodle Rd/Denmark Ave, it is estimated that approximately 17% of the westbound Promenade Place left -turners would redirect to the Promenade Avenue & Yankee Doodle Rd Intersection if a signal was in-place there. Taking 17% left -turners out of the westbound hourly approach counts at Promenade Place and Denmark Avenue still warrants a signal or roundabout.) 2. What about truck turning radius at traffic signal? Staff could add signage to direct drivers to "Turn Around at Roundabout." 3. Previously discussed right turn improvements for southbound Denmark? What has been done? Right lane was changed to right -turn only (was combined right-thru before). Can't you do more? Will look at adding right turn arrow green signal when there are non -conflicting left turns. This was done for southbound right turns at Denmark Avenue and Town Centre Drive. The addition of another right turn lane would likely require easement from Dairy Queen with potential parking lot impacts. 4. I'm very concerned about the loss of the southbound left -turn movement at Denmark Avenue and Town Centre Drive. Loss of customers (Associated Bank). 5. Loss of southbound left -turn movement at Denmark Avenue and Town Centre Drive will mean loss of business. Can't you do something else? Yankee Doodle Road Corridor Study reviewed the need for the additional space for northbound left turning vehicles at Denmark Avenue and Yankee Doodle Road. Due to limited space in this specific location, loss of southbound left turn lane appeared to be the cost for the greater benefit of the northbound left. How about do nothing? Concerned about congestion and safety impacts. City Council and County Board approved recommendations of the corridor study after numerous public open houses and meetings. The proposed improvements are consistent with the recommendations. Widen Denmark — get easements from Burger King & Associated Bank. 6. What about accidents from those taking a left turn where prohibited — it is an expected movement? Signage will be installed to indicate the prohibition or restricted move, but some confusion may be anticipated. Drivers should learn alternative paths to get to desired destinations. City can try to assist businesses in efforts to educate about this change. What about traffic cutting through the parking lot of Walgreen's — it will become a public street. It may happen, but drivers should learn new paths. 7. What if you change the traffic signal timing? Timing changes will not be enough to address the future concern. Timing is manipulated currently to ensure best operation. 8. What about closing of median at O'Leary Lane? No change as part of current improvement proposal. It is still part of the approved Corridor Study recommendations. 9. What are we assessed? Staff shared preliminary assessment roll from feasibility report. How much contingency is there for assessments? If the final assessment is 10% or more than the preliminary assessment, the Council may schedule a rehearing. Typically assessments for street overlays such as proposed in this project come under the estimated assessment amounts. Why some properties assessed, not others? Per City Assessment Policy; properties directly adjacent to improvements or with direct access to improved street. Explain calculation of assessments on acreage basis. Staff shared assessment calculations. 1!n Agenda Information Memo May 3, 2011, Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: • The City Code allows for collection of delinquent weed cutting bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. • At the April 5 City Council meeting, a public hearing was scheduled for the May 3, 2011 City Council meeting. • The City currently has 10 properties with delinquent weed cutting bills. The assessable amount of these bills is $2,676.80. Since last fall, the City billed 21 properties for this service. Of the 21 billed, 11 property owners paid the service fee and 10 are in order for certification to the County. Of the 10 to be certified, three have been or are currently somewhere in the foreclosure process. The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 4 through June 2. If the assessment is paid after June 2, interest at 5% from May 4, 2011 to December 31, 2012 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2012 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page Lc Address 3731 Brown Bear Trail 1650 Hunt Drive (vacant lot) 1654 Hunt Drive (vacant lot) 784 Cougar Drive 3770 Greensboro Drive 3310 Wren Lane 1362 Easter Lane 1165 Aquarius Lane 1756 Hickory Hill Drive 3318 Wren Lane Delinquent Weed Cutting Bills May 3, 2011 PID 10-14325-03-050 10-75402-01-010 10-75402-01-020 10-53801-02-021 10-30900-03-010 10-32001-01-070 10-84354-03-220 10-84251-02-010 10-84601-07-140 10-32001-01-060 Delinquent Amount plus 10% penalty $396.51 $171.81 $370.06 $317.16 $290.70 $246.37 $171.81 $145.35 $171.81 $145.22 Certification Fee $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 Total Assessment $421.51 $196.81 $395.06 $342.16 $315.70 $271.37 $196.81 $170.35 $196.81 $170.22 Total $2,676.80 Agenda Information Memo May 3, 2011, Eagan City Council Meeting C. CERTIFICATION OF DELINQUENT REFUSE REMOVAL BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent refuse removal bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent refuse removal bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. r At the April 5 City Council meeting, a public hearing was scheduled for the May 3, 2011 City Council meeting. ➢ The City currently has one property with a delinquent refuse removal bill. The assessable amount of the bill is $491.10. Since last fall, the City has billed one property for this service. The property that was billed is not in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 4 through June 2. If the assessment is paid after June 2, interest at 5% from May 4, 2011 to December 31, 2012 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2012 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page 1 Delinquent Refuse Removal Bills May 3, 2011 Delinquent Amount Certification Total Address PID plus 10% penalty Fee Assessment 4380 Cinnamon Ridge Trail 10-17405-081-01 $466.10 $25.00 $491.10 Total $491.10 sfiJ Agenda Information Memo May 3, 2011 Eagan City Council Meeting D. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the April 5, 2011 City Council meeting, a public hearing was scheduled for the May 3, 2011 City Council meeting. • The City currently has approximately 1150 utility bill accounts with delinquent payments. The assessable amount of these accounts is $203,893.08. These items are in order for certification to the County. If certified another 5% interest is added. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. • 179 utility accounts due for certification have had a sheriff's sale since January 1, 2007 or 16%. 26 accounts had sheriff's sales in 2007, 31 accounts had sheriff's sales in 2008 and 60 accounts had sheriff's sales in 2009 and 62 accounts had sheriff's sales in 2010 and in 2011 there have been 93 sheriff's sales to date. • ATTACHMENTS: -1 • Delinquent account list; pages 3 through L I . Customer # 00047820 00039360 00060139 00045832 00027535 00022790 00014800 00068545 00036626 00048477 00067259 00022006 00067244 00049016 00065203 00054559 00021464 00052163 00021458 00042286 00056078 00035708 00058762 00017902 00061798 00033064 00053067 & 00000668 00000670 00000669 00054125 00064279 00017430 00068290 00000227 00056272 00039356 00052880 00053356 00049082 00017351 00067367 00042235 00000601 00020963 00020975 00068156 Account # 0036502409 0035507607 0036205706 0036205714 0036408003 0023412000 0023406721 0023903602 0023900103 0011716313 0036602100 0015512700 0015506009 0023502602 0023900509 0023901200 0013103007 0013105705 0013102405 0013103304 0013122502 0013122809 0013157607 0013159207 0036150423 0036201408 0023408305 & 0023408313 0023408412 0023408404 0023408503 0011817509 0011813805 0011801909 0011818101 0011800901 0011816303 0011806700 0011801206 0011818804 0011806007 0011815701 0012838306 0012840609 0012838702 0012840005 0012836508 7 Tax Roll Number Certification Balance 100030001077 100080001175 100090007028 100090009228 100100001031 100170004075 100180004078 100200004075 100200004177 100290003008 100380007010 100390002004 101025002001 101170013001 101190004001 101190011001 101230004003 101230005005 101230006002 101230007003 101230101003 101230104003 101230201002 101230208003 101315101001 101317001001 101330002001 101330003101 101330003201 101330004101 101350005006 101350006009 101350015003 101350016004 101350017001 101350017006 101350019003 101350020001 101350025006 101350026003 101350041006 101375001002 101375002004 101375005002 101375008004 101375014004 $74.76 $23.88 $16.54 $60.90 $230.22 $56.31 $300.98 $58.73 $141.08 $174.89 $137.35 $10.69 $11.00 $329.03 $156.16 $102.70 $205.61 $59.11 $157.94 $248.20 $285.37 $140.24 $97.01 $76.01 $1,699.71 $166.03 $335.38 $82.24 $184.37 $144.04 $107.31 $383.88 $98.04 $101.35 $421.44 $137.37 $94.80 $561.21 $109.27 $361.67 $216.23 $163.92 $560.31 $227.73 $216.00 $142.95 00040127 0012836102 101375016003 $181.33 00020915 0012834008 101375019002 $100.14 00061733 0024403008 101400201002 $2,103.59 00053484 0024429904 101417501001 $85.59 00058265 0024460107 101417503004 $62.28 00070012 0024460404 101417505003 $13.10 00058943 0024430407 101417506001 $90.03 00058242 0024440000 101417512001 $121.09 00069204 0024450504 101417515002 $213.66 00054270 0023420904 101430106001 $122.41 00062434 0025630302 101430212001 $67.04 00066469 0025648205 101432503002 $21.29 00018145 0025648700 101432508002 $79.08 00047933 0025651902 101432511003 $334.24 00037727 0025649203 101432513002 $392.16 00047294 0025652207 101432514003 $438.95 00016226 0025653205 101432524003 $374.24 00067270 0024219800 101435007001 $22.31 00068144 0024223604 101435102002 $123.26 00052291 0024226904 101435107004 $248.05 00059968 0024224909 101435116003 $61.51 00067891 0025208208 101435208002 $163.35 00048441 0024404600 101438001201 $96.10 00040488 0024406308 101438105002 $456.19 00061016 0024406001 101438106002 $310.53 00047043 0024117707 101438703003 $271.81 00034903 0024117004 101438712001 $169.56 00054621 0025206004 101440001001 $15.19 00055529 0025205907 101440002001 $471.46 00065376 0025205204 101440009001 $143.44 00065403 0025206806 101440019002 $283.54 00054348 0025206707 101440020002 $69.09 00036334 0011513009 101480001001 $31.46 00048204 0011512704 101480003003 $85.41 00052006 0011515509 101480033001 $185.98 00068092 0013100300 101480103001 $127.04 00067338 0013100706 101480107001 $81.38 00000924 0025001306 101499013001 $88.86 00025447 0025001504 101499015001 $109.38 00000927 0025002908 101499109001 $118.45 00053984 0025004805 101499214001 $50.19 00046720 0025005901 101499225001 $69.62 00048347 0025006305 101499229001 $57.97 00025562 0025012600 101499301002 $126.82 00050129 0025012907 101499303001 $68.70 00058825 0025013004 101499304001 $101.00 00059689 0025014408 101499312001 $134.34 '7Li 00050278 0025006909 101499317001 $50.19 00067157 0025007105 101499319001 $273.52 00059255 0025007402 101499321001 $137.30 00000936 0025007600 101499324001 $59.58 00051601 0025009606 101499344001 $30.54 00067969 0025010307 101499351001 $131.70 00059343 0025012105 101499370001 $120.19 00029433 0037611001 101499601010 $243.63 00047737 0037612702 101499604012 $10.32 00048204 0037607207 101499605005 $189.82 00029500 0037617800 101499607016 $108.69 00029494 0037617107 101499614016 $223.25 00025589 0037121001 101499702002 $108.08 00017595 0011909512 101500001002 $160.97 00053326 0011910403 101500010003 $56.08 00064328 0011900503 101500301001 $110.19 00064332 0011901600 101500312001 $106.54 00042543 0011907052 101500402002 $161.58 00056719 0011912102 101500603002 $84.41 00059437 0011914009 101500701002 $104.61 00017640 0011914801 101500709002 $633.08 00050039 0011918901 101500915001 $162.81 00063746 0024403438 101540103001 $58.23 00055938 0036702009 101550008001 $245.18 00051930 0036723807 101550101002 $177.07 00028050 0036707107 101550105008 $49.99 00065578 0036723104 101550107001 $163.89 00028162 0036725505 101550114003 $91.76 00054136 0036720605 101550121002 $106.44 00056781 0036712503 101550136002 $25.00 00056375 0036712701 101550138002 $284.42 00061716 0038269510 & 0038269502 101557502001 $175.49 00027890 0036603603 101560015000 $1,399.66 00063678 0036115301 101630004001 $77.14 00001011 0036116002 101630011001 $125.98 00066284 0012117800 101635017002 $243.76 00016457 0012116000 101635024001 $214.29 00018222 0012116505 101635030002 $115.93 00018247 0010612414 101640014100 $72.85 00019881 0012601209 101660001201 $146.76 00038186 0012607602 101660004005 $133.00 00055688 0012605507 101660007002 $278.00 00035368 0012605804 101660010002 $140.67 00066596 0012606901 101660011005 $230.75 00069852 0012604807 101660101003 $128.44 00058724 0012601803 101660103201 $89.80 00019899 0012603106 101660107002 $173.50 00019908 0012604005 101660109003 $80.06 00000412 0012611406 101660201102 $203.17 00066971 0012608105 101660202001 $335.05 00035504 0012608303 101660204001 $202.70 00057547 0012610200 101660207102 $101.70 00036801 0012608808 101660209001 $87.49 00067473 0012608907 101660210001 $154.87 00068475 0012609608 101660210002 $151.26 00069796 0012609202 101660212102 $23.73 00035218 0023300908 101665003001 $209.07 00022505 0023300809 101665004001 $72.78 00061176 0023202609 101670002008 $186.39 00002024 0023200306 101670003011 $116.33 00056331 0023103401 101670005001 $1,047.96 00022255 0023105802 101670005003 $39.91 00066931 0023107105 101670005005 $87.76 00022364 0023202302 101670005008 $39.91 00037936 0023106909 101670007005 $149.41 00022230 0023103104 101670008001 $34.58 00022317 0023112006 101670008006 $272.25 00067191 0023205206 101670008009 $93.97 00000652 0023204902 101670008010 $151.26 00050020 0023109309 101670009005 $117.00 00031783 0023103005 101670011001 $81.46 00022265 0023106800 101670012003 $98.54 00058464 0023106701 101670013003 $158.65 00051126 0023105109 101670020002 $936.35 00064134 0023112808 101670026005 $128.90 00065123 0023104409 101670027002 $175.95 00057334 0023112402 101670030005 $237.93 00015079 0010400505 101670102001 $117.50 00014980 0010303303 101670106005 $282.16 00051824 0010207603 101670109007 $49.55 00055850 0010210607 101670109008 $889.28 00014949 0010300200 101670110006 $333.53 00066923 0010210201 101670113008 $156.57 00069227 0010403905 101670115001 $232.87 00064049 0010305704 101670115003 $268.31 00054032 0010307205 101670119003 $267.51 00069725 0010100105 101670119108 $145.14 00000017 0010206506 101670120007 $90.57 00058637 0010310605 101670121004 $1,160.24 00038081 0010402501 101670129001 $216.08 00052377 0010205409 101670131007 $178.26 00060848 0010401107 101670143001 $453.68 00023687 0023102304 101670201002 $297.89 00039081 0023213705 101670201006 $78.56 7 L 00040511 0023307606 101670201007 $177.36 00045495 0023302607 101670203005 $190.86 00066902 0023302003 101670204001 $239.86 00058918 0023302805 101670205005 $1,277.21 00057245 0023215601 101670206006 $85.01 00042314 0023215502 101670207006 $93.21 00063518 0023210107 101670208002 $236.54 00052171 0023212509 101670209004 $133.94 00069741 0023303308 101670210005 $47.46 00044406 0023215205 101670210006 $77.96 00069269 0023209208 101670214005 $85.99 00064800 0023208101 101670215004 $192.08 00057722 0023211006 101670217002 $89.11 00048107 0023211303 101670220002 $179.09 00060968 0023208804 101670222004 $103.16 00031280 0023304108 101670224008 $241.58 00047482 0023304009 101670225008 $219.10 00060577 0023303704 101670227008 $25.72 00041974 0023303605 101670228008 $59.92 00022542 0023304603 101670231008 $262.42 00022545 0023304900 101670234008 $221.59 00063820 0023305006 101670235008 $187.27 00052113 0023305808 101670243008 $144.98 00066831 0010105708 101670304008 $92.99 00049561 0010105609 101670305008 $179.67 00048536 0010201200 101670308004 $217.27 00048761 0010409407 101670311003 $239.41 00068136 0010101905 101670312007 $499.77 00064045 0010200707 101670313004 $435.88 00014805 0010109106 101670314005 $119.83 00001374 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00045174 00063898 00067460 00060811 00069773 00024045 00069381 00036250 00045541 00058777 00023967 00000795 00068750 00035819 00055129 00067273 00060913 00061444 00067257 00066805 00061685 & 00022707 00030374 00053290 00055958 00017922 0012233805 107298802004 $180.23 0012232807 107298811002 $250.27 0012247300 107299605001 $187.33 0012245205 107299706001 $95.05 0024205502 107300001014 $126.47 0024205007 107300001016 $184.72 0024204604 107300001018 $156.09 0024202400 107300002004 $166.67 0024203606 107300003021 $109.54 0024203309 107300004002 $29.14 0024207409 107300004006 $25.59 0024206906 107300004009 $119.33 0024205700 107300004014 $90.19 0024204802 107300004018 $85.26 0024204406 107300005019 $181.89 0024205205 107300006015 $146.11 0024204505 107300006019 $108.68 0024204307 107300007019 $159.82 0024210908 107300101014 $292.52 0024209900 107300101018 $18.98 0024208902 107300101022 $40.00 0024208605 107300102004 $111.54 0024212409 107300102007 $51.94 0024212201 107300103007 $172.57 0024208209 107300104005 $172.70 0024212102 107300105009 $167.06 0024210403 107300106016 $109.39 0024209504 107300107001 $31.83 0024210502 107300107016 $101.15 0024212300 107300108007 $70.69 0024211203 107300108012 $56.78 0024201709 107300202007 $98.94 0024201501 107300208009 $62.49 0024213209 107300301004 $184.78 0024216509 107300402002 $1,507.89 0024215105 107300602007 $360.20 0024215204 107300605007 $124.55 0089907005 107395006001 $178.84 0025734708 107540008002 $111.81 0025733403 107540012001 $138.81 0089907245 107540101003 $254.82 0089907100 107540107003 $106.77 0023406911 & 0023406895 107550001001 $479.41 0038227005 107583508001 $431.66 0038233904 107583610001 $121.12 0012022109 107585201001 $73.58 0012022208 107585202001 $302.22 00046337 0012022802 107585207102 $515.90 00045498 0012535308 107586508001 $59.53 00044628 0012533907 107586510002 $98.24 00025102 0038005500 107587502003 $42.64 00063670 0038004909 107587508003 $152.26 00055602 0038008405 107587608001 $95.72 00030076 0038009403 107587832001 $333.04 00053028 0038257903 107587902003 $345.29 00052453 0012400503 107590009001 $162.43 00069559 0012500104 107595001001 $40.38 00000371 0012505004 107595003003 $196.34 00069261 0012505301 107595005003 $55.91 00068630 0012505509 107595007003 $207.98 00019659 0012515003 107595112001 $40.82 00068097 0012508909 107595114002 $95.32 00049911 0012508602 107595115002 $126.99 00069148 0012518908 107595149001 $108.04 00068862 0012519203 107595151001 $40.10 00046609 0012571907 107610010004 $175.69 00067012 0012576500 107610016002 $171.53 00055552 0013274006 107615001001 $80.30 00068712 0035509207 107620103001 $171.17 00034993 0011119906 107640015001 $107.36 00043376 0024306805 107650001002 $80.46 00024297 0024306508 107650001003 $81.81 00024290 0024305609 107650002005 $113.18 00068468 0024301301 107650002009 $55.83 00062130 0024303703 107650101002 $110.22 00024276 0024303406 107650103002 $328.00 00054381 0024321200 107650201002 $50.98 00052678 0024319709 107650201005 $54.24 00042556 0024308603 107650201011 $49.68 00059583 0024318909 107650202006 $194.08 00039199 0024300501 107650202013 $118.75 00017908 0024310203 107650203008 $132.97 00051408 0024319808 107650204004 $187.60 00024317 0024309106 107650204010 $60.90 00069392 0024315905 107650301005 $156.17 00064591 0024316606 107650301006 $149.13 00046019 0024313702 107650301016 $177.73 00024374 0024316903 107650302007 $82.25 00069874 & 00058835 0024317406 107650302008 $216.79 00059193 0024318503 107650302010 $259.68 00066097 0024314205 107650303001 $71.33 00069619 0024312902 107650303015 $61.15 00066876 0012018305 107700005001 $236.09 00068997 0024011009 107710001003 $51.24 93 00069604 0024009508 107710001004 $72.75 00002107 0024004806 107710001011 $259.00 00067291 0024006702 107710001013 $212.33 00069460 0024004905 107710002011 $213.28 00023688 0024010407 107710003005 $30.50 00050940 0024012601 107710003008 $139.97 00052048 0024005100 107710003011 $78.07 00068311 0024007700 107710003016 $117.50 00065223 0024005209 107710004011 $240.85 00023635 0024003600 107710004015 $129.79 00054288 0024001208 107710004019 $55.99 00030767 0024011504 107710005002 $78.84 00042615 0024002503 107710008020 $50.81 00002442 0036300101 107725002000 $210.25 00055268 0036300200 107725003000 $99.74 00002444 0036300218 107725004000 $122.70 00026644 0035501410 107725005000 $99.37 00037488 0035501808 107725006100 $80.75 00000994 0035501709 107725006300 $104.67 00043203 0013003900 107820002005 $576.45 00033838 0013004403 107820006003 $177.67 00027339 0036305209 108140002001 $120.44 00027319 0036303402 108140008002 $142.35 00067694 0012014205 108195002105 $268.44 00069748 0012013801 108195004005 $124.07 00017804 0012009304 108195005002 $65.17 00061417 0012008207 108195007001 $233.44 00054045 0012016101 108195009004 $61.04 00026354 0012007308 108195016001 $173.13 00058976 0012011508 108195016002 $264.95 00058647 0013011903 108330011003 $180.41 00050969 0013249404 108330102001 $27.72 00058499 0013188107 108350013001 $279.15 00036776 0013188404 108350016001 $221.21 00018275 0012121802 108355001004 $195.94 00054047 0012122404 108355001005 $42.21 00066748 0012123501 108355012005 $73.58 00051510 0012120309 108355016004 $204.46 00053372 0012125209 108355017001 $14.16 00067451 0012122107 108355021001 $206.89 00065465 0025621806 108357004003 $131.04 00026249 0025619503 108357005002 $102.47 00047505 0025620501 108357015002 $53.07 00041009 0038273009 108360203101 $210.46 00041009 0037005907 108360203201 $998.12 00063834 0037020906 108362506001 $111.62 00036972 0024511404 108365001005 $125.96 00053157 0024511503 108365002005 $131.19 00061216 0024511701 108365004005 $71.67 00024922 0024511800 108365005105 $147.25 00034357 0024511909 108365006105 $99.22 00066502 0024560104 108365202002 $375.05 00050618 0024556029 108365203002 $125.33 00000867 0024561805 108365205001 $229.23 00032493 0024521304 108365302004 $297.63 00055884 0024517500 108365309001 $156.44 00062277 0024517609 108365310001 $226.22 00024979 0024518003 108365314001 $264.59 00026707 0035508803 108370001302 $21.71 00026728 0035511609 108370001304 $39.81 00051175 0038225207 108373008002 $203.77 00053715 0013137104 108375011001 $148.90 00062517 0013137500 108375015001 $732.73 00048247 0013139100 108375031001 $397.61 00032476 0013167309 108375111004 $186.95 00040529 0013124706 108385007001 $410.91 00035509 0013162607 108385132001 $261.89 00047452 0012645701 108395204002 $52.37 00048307 0012645305 108395208002 $266.92 00053437 0013243209 108396104001 $325.91 00063543 0013243803 108396110001 $137.51 00015913 0010914703 108425001001 $289.40 00056739 0010910909 108425008004 $306.14 00069533 8400064197 0011502606 108425101002 $161.80 00054470 0011502101 108425106002 $123.85 00016639 0011506201 108425107004 $130.14 00016652 0011507506 108425205002 $594.10 00054533 0010833606 108427504002 $120.45 00040274 0010803906 108435004002 $114.36 00068025 0010803807 108435005002 $176.11 00047857 0010803203 108435011002 $177.25 00015600 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108446011002 $83.09 00024539 0024333809 108446012001 $315.93 00052686 0024333106 108446013003 $42.12 00047199 0024333304 108446015003 $93.50 00059970 0024335002 108446018002 $185.02 00054770 0024333601 108446018003 $65.48 00055526 0024330300 108446101003 $81.95 00039301 0024331100 108446107002 $104.36 00057338 0024327702 108446126001 $94.89 00046993 0036917003 108447202003 $267.06 00028486 0036909505 108447405001 $304.70 00028452 0036906105 108447608001 $111.39 00036332 0010503803 108460001004 $172.30 00069191 0010502805 108460002007 $16.97 00067198 0010514800 108460005001 $21.86 00015289 0010511202 108460005002 $100.93 00050130 0010514701 108460006001 $200.67 00045692 0010500700 108460007005 $224.37 00057529 0010501500 108460008008 $197.86 00068444 0010510808 108460010002 $53.50 00015246 0010505808 108460016003 $69.62 00058612 0010509503 108460019002 $33.00 00066275 0010506806 108460024003 $62.28 00067539 0010511905 108460027001 $140.53 00052776 0010508505 108460027002 $88.80 00040635 0010507309 108460028003 $118.77 00060838 0010507705 108460033002 $31.19 00057820 0011005907 108460105001 $187.10 00047730 0011007705 108460105004 $303.27 00067454 0011005204 108460111001 $146.74 00049474 0011003100 108460111002 $202.66 00057200 0011004801 108460114001 $92.78 00069421 0011014404 108460114007 $104.70 00068171 0011002607 108460116002 $59.71 00068470 & 00069810 0011011004 108460201004 $41.95 00042567 0011011202 108460202005 $18.50 00069055 0011114204 108460203001 $138.32 00031955 0011010600 108460204004 $30.02 00064292 0011103108 108460216003 $141.65 00067821 0011111507 108460226001 $164.83 00045077 0011105400 108460229002 $141.94 00069218 0011101508 108460230003 $56.46 00064909 0011110509 108460233001 $323.14 00016070 0011100906 108460233003 $204.82 00049610 0011110301 108460235001 $168.34 00055551 0013264700 108465003001 $147.08 00055240 0013264908 108465005001 $502.39 00000664 0023308562 108470002001 $127.73 00000662 0023308554 108470003001 $114.03 00000658 0023308539 108470004001 $153.46 00000660 0023308547 108470005001 $153.64 00069808 0025707407 108490002001 $35.37 00053855 0025707803 108490006001 $35.60 00063986 0025708801 108490016001 $107.44 00058837 0025709700 108490025001 $353.71 00058185 0025710104 108490029001 $149.63 00056088 0025707902 108490101001 $56.36 00067817 0023406853 108520002001 $174.99 00027065 0036200806 108880010500 $11.79 $203,893.08 ****converting PID to new format in upload file 4-15-11 9 7 Agenda Information Memo May 23, 2011, Eagan City Council Meeting VIII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING — JON POMROY ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment to change the land use designation from MD, Medium Density (4-12 units/acre) to LD, Low Density (0-4 units/acre) for 0.81 acres located at 3755 Blackhawk Road (OR direct preparation of findings of fact for denial). To waive the adjacent community 60 -day review and comment period for the Comprehensive Plan Amendment. REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: • The unplatted property is currently zoned R-3 and guided MD. The site is also located in the Shoreland Overlay District of Blackhawk Lake. • The property contains an existing single-family home that was constructed more than 100 years ago and is in need of structural repairs; the homeowner also wishes to construct an addition to the home. The property is required to be platted before a Building Permit can be issued. ➢ The single-family home in an R-3 zoning district is a nonconforming use and City Code prohibits expansion of a nonconforming use. ➢ The applicant's proposal also includes a request for a Rezoning from R-3 to R-1, which would make the current use conforming, thus allowing the owner to proceed with expansion and improvement of the principal structure. ➢ The site appears to satisfy the R-1 and Shoreland overlay zoning standards. • City Council action on the Rezoning will be withheld until the Metropolitan Council review of the proposed land use amendment is complete. ➢ The APC held a public hearing on April 26, 2011 and did recommend approval of both the Comprehensive Guide Plan Amendment and Rezoning requests. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Waived by Applicant ATTACHMENTS (3) Location Map, page April 26, 2011. APC minutes, pages !(XD through /Q( Planning Report, pages / through r' ?s? j rtSnelling State Park Location Map Yank-- Doodl-.Rd Diffley Rd Cliff Rd RY ROAD Map Area Extent Sky Hill Park SILVER BELL ROAD SILVER BELL ROAD Walt% 7177 iliti Iliml Fag --1.I r Owl 0c 1011111111 E. rut64•04.411111/ E vv. POP% (41 'IR nomum t, OW% Alin 111111 111 •.-44,1401‘ir SWAP Alibil .41 MIME LTi1 wit .�• %I X41•0 ra i • Path ark all Kc MICA TRAR1.( L Blackhawk Park 00000 000 DR VE t I L t 1 1 Project Name: 3755 Blackhawk Road Request: Comp Guide Amendment & Rezoning Case Nos. 17 -CG -01-03-11 & 17-RZ-01-03-11 4.1. City of EaQau I I I 0 500 1,000 Legend 1_11 City Boundary Parcels Parks Buildings I Feet 2,000 Advisory Planning Commission April 26, 2011 Page 2 of 9 IV. PUBLIC HEARINGS A. 3755 Blackhawk Rd Applicant Name: Jon Pomroy Location: 3755 Blackhawk Road; Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from MD Medium Density to LD Low Density. File Number: 17 -CG -01-03-11 Application: Rezoning A Rezoning of approximately 1.7 acres from R-3 Residential Townhouse to R-1 Residential Single Family File Number: 17-RZ-01-03-11 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 20, 2011. She noted the background and history. James Madsen of James Barton Design Build Inc., on behalf of the homeowner, discussed modifications proposed to be made to the home that include a main level bathroom, leveling of sagging floors, and asbestos and lead removal. He discussed other small alterations making the home more useable for their extended family. He stated the home has always been single family residential. Member Dugan inquired about the elimination of the driveway at Blackhawk Road. Mr. Madsen explained that the driveway would be eliminated only if the property were subdivided at some point in the future to create additional single family Tots. He stated the investment is too large to eliminate the driveway at this time, and the project would not be feasible. Member Supina asked if it were in the City's best interest to correct nonconforming conditions as part of this application. City Attorney Bob Bauer stated conditions cannot be placed on a rezoning; site conditions could be addressed with a future subdivision or development application. Vice Chair Heaney opened the public hearing. There being no public comment, Vice Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Supina seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation upon approximately 1.5 acres from MD, Medium Density residential (4-12 units/acre) to LD, Low Density residential (0-4 units/acre), for property located at 3755 Blackhawk Road, west of Blackhawk Road south of Robin Lane. All voted in favor. Motion carried 6-0. Advisory Planning Commission April 26, 2011 Page 3 of 9 Member Filipi moved, Member Supina seconded a motion to recommend approval of a Rezoning from R-3, Residential Townhouse to R-1, Residential Single, for property located at 3755 Blackhawk Road, west of Blackhawk Road south of Robin Lane. All voted in favor. Motion carried 6-0. (C( PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2011 CASE: 17 -CG -01-03-11 & 17-RZ-01-03-11 APPLICANT: Jon & Linda Pomroy HEARING DATE: April 26, 2011 PROPERTY OWNER: Jon & Linda Pomroy APPLICATION DATE: March 15, 2011 REQUEST: Comprehensive Guide Plan PREPARED BY: Pamela Dudziak Amendment & Rezoning LOCATION: 3755 Blackhawk Road COMPREHENSIVE PLAN: MD, Medium Density Residential ZONING: R-3, Residential Townhouse SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation upon approximately 1.5 acres from MD, Medium Density residential (4-12 units/acre) to LD, Low Density residential (0-4 units/acre) and a Rezoning from R-3, Residential Townhouse to R-1, Residential Single for property located at 3755 Blackhawk Road, west of Blackhawk Road south of Robin Lane. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. h�� Planning Report —Pomroy (3755 Blackhawk Rd.) April 26, 2011 Page 2 Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The original house was constructed before 1900. It is a two-story house and the footprint is 960 s.f. There is no basement, only a small cellar, and a single bathroom on the upper level. The property was zoned Agriculture until the mid-1960s, when the City's zoning maps began showing it as R-1, Residential Single. By 1974, the City's zoning map designated the property as R-3, Residential Townhouse. As a single-family use in an R-3, Residential Townhouse, zoning district, the present use is non -conforming. The City's zoning ordinance prohibits expansion of a non -conforming use. The house is in need of repairs "to bring it up to date and to building code for safety and usability." The owners also wish to improve the home by opening up walls on the main floor, updating the kitchen, and adding a family room and main floor bathroom with a basement beneath to provide storage space. EXISTING CONDITIONS The site consists of approximately 1.5 acres and is unplatted. The property is zoned R-3, Residential Townhouse and is guided MD, Medium Density residential, which provides for residential development between 4 and 12 units per acre. The property is also located within the Shoreland Overlay District of Blackhawk Lake, a Recreational Development lake. The property contains a single-family home that was initially constructed over 100 years ago. A two -stall detached garage is also present, with driveway access from Blackhawk Road. A small shed is located just south of the garage. The property abuts Blackhawk Road to the east and Robin Lane to the north; both are public streets. To the south is Bluebill Drive, a private street serving the adjacent town home development. Planning Report -- Pomroy (3755 Blackhawk Rd.) April 26, 2011 Page 3 SURROUNDING USES The subject property is surrounded by residential uses. Single-family uses are located to the north and east across Robin Lane and Blackhawk Road, with townhomes to the west and south. EVALUATION OF REQUEST Description of Proposal - In order to allow for structural alterations and expansions to the existing home, a Rezoning to R-1, Residential Single, is requested. Because the proposed R-1 zoning is not consistent with the current MD, Medium Density residential (4-12 units/acre) land use designation, the applicant is also proposing a Comprehensive Guide Plan Amendment to change the land use designation to LD, Low Density residential (0-4 units/acre). The applicant's narrative states "The land is too small to ever develop for multi -family as you cannot recoup the cost of the building costs." Further, the proposal would allow "for future flexibility and use of the land along with eventually eliminating the driveway off of Blackhawk and moving the entrance onto the side road." Compatibility with Surrounding Area — The surrounding area consists of townhome and single- family residential development. Airport Noise Considerations — The property lies outside of the Airport Noise Policy Zones. Metropolitan Council Review — The proposed land use amendment is subject to review by the Metropolitan Council. Because of the small size of the subject site and its distance from adjacent communities, and because proposal does not affect the City's growth forecasts or TAZ allocations, the City may waive the adjacent community review of the Comprehensive Guide Plan Amendment. Platting — The property is unplatted. If the land use amendment and rezoning requests are approved, the property will need to be platted prior to issuance of a building permit for the expansion and improvements. Zoning Standards - The property is located within the Shoreland Overlay District of Blackhawk Lake, which is classified as a Recreational Development lake. The Shoreland Ordinance establishes standards for development which are to be applied in addition to the proposed R-1 zoning. As a non -riparian lot, the Shoreland Overlay District requires a minimum lot size of 15,000 s.f., and lot width of 100'. The property satisfies both the R-1 zoning standards and Shoreland Overlay standards for lot size and dimensions. The site also is subject to a maximum impervious surface coverage ratio of 25%, in addition to the 20% maximum building to lot area ratio. The proposal appears to satisfy both of these coverage standards as well. /�f Planning Report — Pomroy (3755 Blackhawk Rd.) April 26, 2011 Page 4 Site Plan and Setbacks — The applicant provided an as -built survey of existing conditions, and a floor plan of the existing house with the proposed addition shown. The 25' x 20' addition is proposed on the north side of the house. Based on the as -built conditions survey, this would result in a 52 -foot setback from the north lot line abutting Robin Lane. This more than satisfies the minimum 30' setback from a public street. The proposed R-1 zoning allows for up to two detached accessory structures. The as -built survey shows a detached garage (20' x 24'), a shed (approx. 8' x 10'), and a coop (approx. 8' x 9'). The combined area of these detached accessory structures is smaller than the footprint area of the existing house. Under the proposed LD land use and R-1 zoning designations, the number of detached accessory structures (three) will be non -conforming. The setback of the shed from the south property line is also non -conforming because it is less than 25' from the curb of the abutting private street. Both of these situations are existing. Lot coverage — With a lot size over one acre, the existing structures and proposed addition will occupy approximately 2,100 s.f., which is less than 3% of the lot area. Access/Street Design — Access is provided from Blackhawk Road. No changes to the access are proposed at this time. Easements/Rights of Way/ Permits — With platting of the property, perimeter drainage and utility easements will be dedicated. Tree Preservation — There are scattered trees on the property and some may be removed to accommodate the proposed addition to the house. The tree preservation ordinance does not apply to expansion of an existing stricture on a single-family lot. Parks and Recreation — This proposal is not subject to park and trail dedications since it does not involve a subdivision or the creation of new lots or dwelling units. SUMMARY/CONCLUSION The applicant wishes to construct an addition and make other improvements to the existing single- family home on the subject site. As a single-family use in an R-3 zoning district, the present use is non -conforming and expansion of a non -conforming use is prohibited by the City's zoning ordinance. The proposed Comprehensive Guide Plan Amendment from MD to LD and Rezoning from R-3 to R-1 would make the current use conforming, thus allowing the owner to proceed with expansion and improvement of the principal structure. Planning Report — Pomoy (3755 Blackhawk Rd.) April 26, 2011 Page 5 ACTIONS TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation upon approximately 1.5 acres from MD, Medium Density residential (4-12 units/acre) to LD, Low Density residential (0-4 units/acre), for property located at 3755 Blackhawk Road, west of Blackhawk Road south of Robin Lane. To recommend approval of a Rezoning from R-3, Residential Townhouse to R-1, Residential Single, for property located at 3755 Blackhawk Road, west of Blackhawk Road south of Robin Lane. /Up Location Map "zo(t State Park ot m 01:3 Sky Hill Park PS •URV ROAD •'4 • r.,I Y. nN - - Doodl .Rd jai• WIMP Daley Rd lift Rd Map Area Extent CRE T RIDGE LAN ir:11 �� ,I fb MONTEREY LANE_ •UPPIII ,,� ` , mmitna "1Site ■ . Pt: I:4:: ®:17.,�1 vP SILVER BELL ROAD ,LD SILVER BELL ROAD II ! : u1— � gm riti 0.4 /4-111 -Afeirt-.41041staihri L / we:ij;%:'� rl/ \■uw.A ,,x40 11-0 w/■ ■■■■■■u■U ► , ow .m MAIM/■ AriOnti Amway AvAdi 4w•Trak id Wile An 011 I 446 a-stp Peridot Path Park #411::: A PR C ♦♦♦ n fir SLI [ 1 1 1 : it iU■■■■■■■ 1 111111 A ■ 11 MEMO iP U 0111►*�iAl NUM ow A■■■■\ • Nam ■■■■■ ■■■■■■ ■■■■■■ Blackhawk Park rsitaimh&.,„, =mar dimilim grainw mErik SARTE LAVE DEERWOOD DRIVE 11 I 1 1 11 • Project Name: 3755 Blackhawk Road Request: Comp Guide Amendment & Rezoning Case Nos. 17 -CG -01-03-11 & 17-RZ-01-03-11 City of Eagan I I 1 I Fee 0 500 1,000 Legend .J.ii. _,4 City Boundary Parcels Parks Buildings 2,000 City of Cap Zoning Current Zoning and Land Use Map Application: 3755 Blackhawk Road Type: Comprehensive Guide Plan Amendment and Rezoning Case No.: 17 -CG -01-03-11 & 17-RZ-01-03-11 R-3, Residential Townhouse Land Use Plan MD, Medium Density 0 300 600 1,200 Feet MD HD MD LD LD KYLIO LANE LD MD c Subject Site SILVER BELL ROAD 0 0 K z 169 LD Certificate As—Built 175.00 co'n co 0 T., c � c O p >,,23 U C o « = U -502 -'437 o � opo N 5- 10 C N O h u u o Q' « W 0 o y � t m r--:;" '03t- L N .. o o « 1- « O Z `,2 Com' N O w 5, 4, 5— .0 N5 �p o«�a0 on n W O L N O O F N p C C O t O+« Y . E N o O O -M C O_ s O O « ° o d 1:1 • as m • Lo y Q 0 0 W m >0 ((n D W (n 0 BLACKHAWK ROAD 3755 6.9 '14--r27.62 Iti roauc h��'. dr 175.00 oW MIN. SETBACK REQUIREMENTS BENCHMARK, BLUEBILL DRIVE I/ / ( .5 11 EXISTING ELEVATIONS 0 CO O 0 r a1!99-u3:r=a— U0)1 u g Irfr saucef ZZ.EL-7S 'NeS' > \ H>9V-1 SSLE N011 CV/ �OzI I�.Od ` /CI N I-1 N O T w 0) DRAWING DATE PROJECT NUMBER U O m .Cif C .0 .6/l 9-4 7 U 1 F. 0 Z 0 (I., ro >A H>o` T No!aad ,�Ozll.JOd b'CINI-1 NOF .o ft w 0 CO DRAWING DATE 0 uJ S PROJECT NUMBER z z D w CO 0 0 O 0 4o. James ,...0v;- Barton Design -Build Inc. 5920 148th St. W. Suite 100, Apple Valley, MN 55124 Office 952.431.1670 Fax 952.431.8468 www.jbdb.biz Pomroy Comprehensive Plan Amendment March 9, 2011 1. Currently the property is zoned for multi -family. According to the records the home was changed from agricultural to multi -family so townhomes adjacent to the property could be built. 2. What the family wants to do is change the designation for their property to single family as the home has been there since approximately 1880 or earlier and has always been used as a single family home. They want to make modifications and changes to the home to bring it up to date and to building code for safety and usability. The current zoning does not allow them to make the changes that they desire. 3. What the owner wants to do is update the main level by removing a patrician wall to create a more open floor plan as the rooms are really small and they are retired so when they have family over there is no room to entertain. They also need to update the kitchen which will require relocating some of the fixtures. In addition to the existing space modifications they would like to build a sun room porch with full basement to give them a place for a TV room and lower level for storage as the home has a cellar for a basement that is not conditioned space for any storage and doesn't even allow for items to be moved in and out of the lower level due to 20" staircase. Servicing of the mechanicals is almost impossible. 4. Currently the land is used as a single family home and from our knowledge always has been since ending farming 5. Around the home there is one set of townhomes but on all other three sides of the home it is all single family 6. I believe it is in the best interest of the city to use the property as single family zoning as it allows for future flexibility and use of the land along with eventually eliminating the driveway off of Blackhawk and moving entrance onto the side road. The land is too small to ever develop for multi -family as you cannot recoup the cost of the building costs. They did try and sell it for over two years with no interest and all the comments were there was not enough land to justify the costs involved. 7((q 7. There is no impact on the existing land as the home is remaining at its current location. No changes to entrances. There is also no impact on the surrounding homes as the home is in its same location. There is plenty of land to meet all set backs and easements. There are no known impacts on the city sewer, water, or other services as the modifications are just updating and relocating items already present. 8. If there are any other questions or items please don't hesitate to contact us. ins Agenda Information Memo May 3, 2011, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — FAITH IN CHRIST FELLOWSHIP ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for denial) a Conditional Use Permit to permit a preschool facility upon property located at 670 Diffley Road, legally described as Lot 2, Block 1, Eagan Hills Alliance Church Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property was platted in 2007 and purchased by Faith in Christ Church in 2010. ➢ The property is zoned PF, Public Facilities. Preschools are a conditional use in the PF zoning district. ➢ The proposed daycare has a design capacity of 24 children, and will utilize 1,000 SF of the 13,000 SF building. The facility will serve children ages 3 to 6 years. ➢ The preschool will be open from 9:30- noon. Due to the limited ours, outside play is not required by the State and will not be provided. ➢ Parking is south of the building and the entrance to the site is on the east side, via Dodd Road. A monument sign is located on the northeast corner of the site. ➢ The Advisory Planning Commission held a public hearing on April 26, 2011 and did recommend approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: May 15, 2011 ATTACHMENTS (3): Location Map, page l Draft April, 26, 2011 APC minutes, pages() tk eugh Planning Report, pages through(,, Location Map Project Name: 670 Diffley Road/Faith Christ Fellowship Request: Conditional Use Permit Case Nos.: 25 -CU -03-03-11 City of Eapo 1,000 Legend City Boundary Parcels Parks Buildings 2,000 Advisory Planning Commission April 26, 2011 Page 4 of 9 B. Faith Christ Fellowship Applicant Name: Faith in Christ Fellowship Location: 670 Diffley Road; Lot 2, block 1, Eagan Hills Alliance Church Addition. Application: Conditional Use Permit A Conditional Use Permit to allow a Sonshine preschool. File Number: 25 -CU -03-03-11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 20, 2011. She noted the background and history. Steve Swanson, Pastor of Faith in Christ Fellowship, thanked the Advisory Planning Commission for considering the application and stated it is a blessing to be in the City of Eagan. He discussed other planned charitable contributions to the community. Vice Chair Heaney opened the public hearing. There being no public comment, Vice Chair Heaney closed the public hearing and turned the discussion back to the Commission. Planner Thomas stated that the Fire Marshall and building inspector will review improvements through building inspection/permit process. Member Supina moved, Member Filipi seconded a motion to recommend approval of a Conditional Use Permit for Faith in Christ Fellowship Church to allow a preschool, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City, prior to when the preschool opens. 2. The preschool shall be operated in compliance with all other County and State regulations. The preschool shall obtain and maintain all required permits and licenses required by the County or State. 3. Trash and recycling containers shall be enclosed per City Code standards no later than August 31, 2011; a Building Permit is required for this improvement. 4. The parking lot shall be striped per City Code standards no later than August 31, 2011; a Parking Plan shall be submitted to Building Inspections for review and approval of accessible parking stalls prior to the lot being striped. 5. All signage shall meet City Code standards. All voted in favor. Motion carried 6-0. I(g PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2011 CASE: 25 -CU -03-03-11 APPLICANT: Faith in Christ Fellowship HEARING DATE: April 26, 2011 PROPERTY OWNER: Faith in Christ Fellowship PREPARED BY: Sarah Thomas REQUEST: Conditional Use Permit LOCATION: 670 Diffley Road COMPREHENSIVE PLAN: QP, Quasi-Public/Institutional ZONING: PF, Public Facilities SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to establish a preschool within the existing church building on property located at 670 Diffley Road, legally described as Lot 2, Block 1, Eagan Hills Alliance Church Addition. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 1ly Planning Report — Sonshine Preschool April 26, 2011 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Eagan Hills Alliance Church Addition was platted in 2007. At the time, Eagan Hills Alliance Church was anticipating future expansion and sought the subdivision to allow the land transfer from Praise Lutheran Church. The subdivision and the church expansion have occurred. Faith in Christ Fellowship purchased the property from Praise Lutheran Church in August 2010. EXISTING CONDITIONS A church, playground, shed and a two -yard dumpster exist on the property. Access is gained from Dodd Road. There are scattered wooded areas on the southern portion of the property. •zC Planning Report — Sonshine Preschool April 26, 2011 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal The proposed preschool would utilize approximately 1,000 SF of the 13,000 SF building and operate annually from September through May. Classes are proposed to be held Monday — Friday, from 9:30 a.m. — noon. The preschool will have space for 24 students, ages 3-6. A director and three teachers will be employed. Per the applicant's narrative, "Since students will attend school for a maximum of 2.5 hours per day, the state does not require and we will NOT use the playground on our property for the preschool." Licenses and Permits A preschool facility must be licensed by the State. The applicant is responsible for obtaining and maintaining the necessary license to operate the facility. Proof of the license must be furnished to the City before the Conditional Use Permit will be released for recording. Building Modifications/Playground Some interior remodeling will be needed. No exterior changes to the existing building are planned. The City of Eagan Fire Inspector has requested modifications to the building. A City of Eagan Building Inspector is also required to visit and inspect the site per State requirements. It is the applicant's responsibility to obtain any building permits that may be required for interior remodeling. Site Improvements Signage — An existing monument sign is located at the corner of Diffley and Dodd Road. Promotional signage is planned and the applicant should work with City Staff to obtain necessary permits. Existing Use Zoning Land Use Designation North Single-family residential R-1, Single-family residential; LD, Low Density Residential; East Single-family residential; Fire Station R-1, Single-family residential; PF, Public Facilities LD, Low Density Residential; QP, Quasi -Public South Single-family residential R-1, Single-family residential LD, Low Density Residential West Qwest utility building, Eagan Hills Alliance Church PF, Public Facilities QP, Quasi -Public EVALUATION OF REQUEST Description of Proposal The proposed preschool would utilize approximately 1,000 SF of the 13,000 SF building and operate annually from September through May. Classes are proposed to be held Monday — Friday, from 9:30 a.m. — noon. The preschool will have space for 24 students, ages 3-6. A director and three teachers will be employed. Per the applicant's narrative, "Since students will attend school for a maximum of 2.5 hours per day, the state does not require and we will NOT use the playground on our property for the preschool." Licenses and Permits A preschool facility must be licensed by the State. The applicant is responsible for obtaining and maintaining the necessary license to operate the facility. Proof of the license must be furnished to the City before the Conditional Use Permit will be released for recording. Building Modifications/Playground Some interior remodeling will be needed. No exterior changes to the existing building are planned. The City of Eagan Fire Inspector has requested modifications to the building. A City of Eagan Building Inspector is also required to visit and inspect the site per State requirements. It is the applicant's responsibility to obtain any building permits that may be required for interior remodeling. Site Improvements Signage — An existing monument sign is located at the corner of Diffley and Dodd Road. Promotional signage is planned and the applicant should work with City Staff to obtain necessary permits. Planning Report — Sonshine Preschool April 26, 2011 Page 4 Parking lot — The bituminous parking lot is approximately 42,000 SF. While the parking lot has striped parking stalls around the perimeter and interior of the lot, the stripes have worn off and should be repainted per City Code requirements. Dumpster — As previously mentioned, there is a two -yard dumpster on the property. It is located south of the parking lot, in front of the shed. According to the narrative, the applicant intends to build an enclosure for the garbage receptacle this year. All trash and recyclables containers should be stored inside a building, or within an enclosure consistent with the provisions in the City Code, which allow for a detached enclosure in the PF zoning district. SUMMARY/CONCLUSION Faith in Christ Fellowship church is proposing to establish a preschool in the existing church building. Site modifications include interior remodeling and the addition of dumpster enclosure. A State license is required to operate the preschool. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for Faith in Christ Fellowship Church to allow a preschool. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City, prior to when the preschool opens. 2. The preschool shall be operated in compliance with all other County and State regulations. The preschool shall obtain and maintain all required permits and licenses required by the County or State. 3. Trash and recycling containers shall be enclosed per City Code standards no later than August 31, 2011; a Building Permit is required for this improvement. 4. The parking lot shall be striped per City Code standards no later than August 31, 2011; a Parking Plan shall be submitted to Building Inspections for review and approval of accessible parking stalls prior to the lot being striped. 5. All signage shall meet City Code standards. Location Map LRENE RD , AN EA tig Al ilfr *it • va4rivii,4440 #4 9 114 mg .. Map Area Extent wrnalirorgair mar 11°Pi egti it%opm I Me!IP ��i�il�`� �I/I� Anna Aim :� I#.0' aur ii �� u!u,,%, I:I �! !I',• �. it _. s. = � 1. p : ■■ ,- ■■• IN=zip -- - 1,1 ■ klimaiss Apo i il �= �� �� lis = NM piuiv is :: Bo ; 4 +.4 46.4 rilifia :MullBSI of AM= itidalMillii.� °.■ ice;lit Ad £ S -A-4-4 NO Project Name: 670 Diffley Road/Faith Christ Fellowship Request: Conditional Use Permit Case Nos.: 25 -CU -03-03-11 Cily of GaQan 0 500 1,000 Legend 'ma City Boundary Parcels Parks Buildings 1 Feet 2,000 City of Eapu Current Zoning and Land Use Map Application: Faith in Christ Fellowship Type: Conditional Use Permit Case No.: 25 -CU -03-03-11 Zoninq PF -Public Facilities Land Use Plan QP-Quasi-Public/Institutional 0 300 600 1,200 Feet A PD R-1 Subject Site C.S.A.H. NO. R-1 30 (DIFFLEY ROM LD cn a R-1 HACKMORE DRIV PD G '� Subject Site R-1 PF 0 cc 0 0 0 0 LD C.S.A.H. NO. 30 (DIFFLEY ROAD LD LA550 1— cn cc F - LD LD HAGKMORF IDRIVF LD I ,),L1- 2_ AERIAL , v. Co Playground (kill not be used for preschool) SITE PLAN DIFFLEY 375.97 FAITH�rjCHRISt ROAD f E 1. 1. 0 W S 11 1 p 244.09' S 0N lA I Air Conditioning units 160.63' a 0 cc 0 0 EDTree, brush, etc March 14, 2011 0 0 PROGRAM LICENSE NUMBER me O 5 0.) U o 0 n. Q G 'U L141 n v O u pp 0 u`. O aU4 u ems, 0) . Q Q • [ W E U h {. L • - r 0.) a, -0 a) O O v ❑ y 0 cd o a, o V G O �U Q. h 5. v C •l a" O ..b ro v7 •-- v U ti) a 0 0 - n,-0 a a,50 0 0b • U O an • a ° , 0 �• • r • a, 0 " CU 044CC � G o. 3 U o 0 -= cal cd U v 0• 0 rd o " o ani z Q-49.5 FLOOR PLAN 1�7 Total number of toilets: Total number of sinks: 0 FAITH CHRISt — F I L L O W S H 1 p— VOICE - 651.717.5184 Fax — 651.379.8037 670 Diffley Rd Eagan, MN 55123 www.myFIC.org office@ myFIC.org Our corporation name is Faith in Christ Fellowship. We are a 501(c)3 Corporation doing business in Eagan since we purchased the property on August 31, 2010. Until that time, our office was located in Apple Valley and we held regular meetings in various locations in Apple Valley and Eagan. We have been operating as a church since September 2009. The PID of our property is 10-22545-020-01 and is 4.46 acres in size. It is currently zoned PF -Public Facilities District and we are not looking for a zoning change. Our Minnesota Tax ID number is 1194934 and our Federal Tax ID number is 27-0928665. To our west is another church, Eagan Hills Alliance. To our east is Dodd Road and Eagan Fire Station #4. To our north is Diffley Road. Residential homes are to our north and south. We are a non -denominational church which regularly meets as a congregation on Wednesday evenings and Sunday mornings. Other small groups are held at various times throughout the week. We are seeking a Conditional Use Permit to operate Sonshine preschool which will hold classes annually from September through May. Students will attend classes Monday - Friday mornings from 9:30am - noon. We will have space for 24 preschool aged students approximately 3-5 or 6 years old. Since students will attend school for a maximum of 2.5 hours per day, the state does not require and we will NOT use the playground on our property for the preschool. We will employee a director and 3 teachers. The preschool will utilize approximately 1,093 SF of the 13,083 SF building. Although not required, we have included the floor plan we submitted to the MN Department of Human Services. Our parking lot is rectangular in shape and contains approximately 42,000 SF of asphalt surfaced area or .96 Acre. The parking lot has striped parking stalls around the perimeter and interior of the lot. To the south of the parking lot on the west side is undeveloped wooded land. On the SW side of the parking lot, there is a small shed and a 2 yard garbage receptacle. We plan to build an enclosure for the garbage receptacle in the summer of 2011. There is approximately 2,500 SF of concrete walks on the site which include a wheelchair/accessible ramp to the front door. The site has 2 yard light poles in the parking lot, shrubbery and small tree landscaping around the perimeter of the building, and lawn green space in site areas not otherwise improved with impervious surfaced improvements. All of the ground level air conditioning units are surrounded by the building and various trees or bushes. The attached graphic details many of these items. The property also has a sign in the northeast corner. Additional signage will be used to promote the opening and registration of students. We will work with the Eagan Senior Code Enforcement Technician to ensure our promotional signage meets all current codes. The City of Eagan Fire Inspector has visited our property and we made the requested modifications which included inside door signage and outdoor address numbers. Our building security and safety features include 24 hour video recording and a security system which monitors our audible smoke alarm, motion detectors, glass breakage detectors and other features. Agenda Information Memo May 3, 2011, Eagan City Council Meeting C. CONDITIONAL USE PERMIT — BORDER FOODS ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), a Conditional Use Permit to allow a Class II restaurant with drive-through service at 1325 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Ninth Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The subject property is 0.81 acres in size and abuts I -35E right -of way to the north and west. Access is from Town Centre Drive to the east. The site was previously developed with a Class I restaurant (Pizza Hut), which occurred in 1988. ➢ Border Foods is proposing to redevelop this site with a new Class II restaurant (Taco Bell) with drive-through service. ➢ An existing pylon sign is located on the northeast corner of the property. Also on the site is the four-sided Town Centre Shopping Center "center identification" pylon sign which is located on the northwest corner of the property adjacent to I -35E. ➢ The proposed redevelopment will utilize the existing driveway access and maintain the existing parking setback to the north lot line. The drive-through approach will be from the west along the south side of the building. ➢ Much of the existing landscaping will be removed and new landscaping installed. Easements limit placement of large plant materials. The staff report suggests additional landscaping be installed for screening of parking to the north, and in the front of the site to improve views from the street. ➢ The applicant proposes to utilize the existing pylon sign and the staff report suggests that with this redevelopment, improvements to the pylon be made to incorporate a brick support or base for the pylon. ➢ The APC held a public hearing on April 26, 2011 and did recommend approval. ISSUES: ➢ The APC asked that the pedestrian connection be moved to the east, if possible. 60 -DAY AGENCY ACTION DEADLINE: May 15, 2011 ATTACHMENTS (3):� Location Map, page `I�JjJ April 26, 2011, APC minutes, pages l through Planning Report, pages through SZ E Location Map UY • - , .. 1 ,— 1 ) • ill ffir O n �,, —Moonshine Pak • , r••/ .1 ,7 Lo Oak R aj ra Yank Dooare.Ra,• •40 it Ell J 1.,„.04. R YRS A0', , oe.,,. Ap�o, 4IRE / •,. C/i`dip ."-,■ , JQQ� •, D !\ j jil tram„■ ' Di Rey RE Cliff Rd Central Park Park cc G Map Area Extent CCNTRN-P . O 10.RICE DR - • e CtiF RR, N C♦+70. p w is. Subject Site - �_�_ s _ __.....__ — ._ --- __ 118 (YA VKEET36O E 17C7AT TOWN CENTREDR 933. A. ;._ tVIP 0 eINI Ali% ,,_?,4,,H ,it 58�®e�� Dm n ®® I Ilia 1 I Park ET I Ir$11 igh �� ■it.mIlM, �� 11 14 III o' J OJ J° 1 �•�,� tea 7--1C li , li G O♦ Ada 44 -- -is. iwii / L .`; El II ME u 1=),C OC — L '� � SID , ®®ten _,: 143111.111111611111 441*_ ,1� � sussa . a 4 r� mow MUM ,v� \/) '^ .110W1.1 CMINIM EIMER A 11111p 1:11:: IP ataft ,,' / //Fish Lake Park'"11411 MIMI LI u..uv`, wall, ` -nn N.� �m o I i l )-i �. 1 1 I 'Fee Project Name: Taco Bell 0 500 1,000 2,000 Request:: Conditional Use Permit Legend Case No, 15-CU-04-03-11 g 16,4 City Boundary Parcels Parks Buildings N 4*° City of Eapa 13c/ Advisory Planning Commission April 26, 2011 Page 5 of 9 C. Taco Bell Applicant Name: Borders Foods Location: 1325 Town Centre Drive; Lot 1, Block 1, Town Centre 70 Ninth Addition Application: Conditional Use Permit A Conditional Use Permit to allow a Class II restaurant with drive-through service. File Number: 15 -CU -04-03-11 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 20, 2011. She noted the background and history. Member Supina inquired about the drive lane meeting the setback requirements. Planner Dudziak stated the City requires a 20 foot parking setback but does not establish a similar requirement for pavement not occupied by parking. Barbara Schneider, Border Foods, shared that she is an Eagan resident and provided some background and history of her involvement in the Town Centre area. She also displayed color boards of the proposed exterior materials and stated that Border Foods also owns the Taco Bell on Cliff Road in Eagan. Member Supina asked for clarification on the required setbacks. Planner Dudziak explained there is a 20' required setback for parking areas from public r -o -w; however, drive lanes only require a 5' setback. Member Dugan asked about plans for the current Taco Bell. Ms. Schneider stated they have not decided if they will sell or lease that building. Member Filipi asked if it was possible to shift the pedestrian access to the east to avoid potential conflicts with drive-through patrons exiting the site. Ms. Schneider stated they would be willing to work with staff on moving the pedestrian connection as far east as possible. Member Dugan stated he has had unrelated business dealings with Border Foods but has not been involved with this project; as such, he would be voting on the request. The Advisory Planning Commission directed Staff to work with the applicant on the location of the pedestrian access before plans are finalized. Vice Chair Heaney opened the public hearing. There being no public comment, Vice Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Filipi seconded a motion to recommend approval of a Conditional Use Permit to allow a Class 11 restaurant with drive-through service at 1325 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Ninth Addition, subject to the following conditions: Iii Advisory Planning Commission April 26, 2011 Page 6 of 9 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A pedestrian connection to the public sidewalk along Town Centre Drive shall be provided. 3. A designated bicycle parking area shall be provided as shown on the approved Site Plan. 4. All mechanical equipment shall be screened from views from off the site, consistent with the provisions in the City Code. 5. Landscaping around the transformer shall be enhanced to provide screening from all directions. 6. All trash and recyclables storage shall be located within the designated space within the building. 7. Additional landscaping shall be provided along the front of the site and around the base of the pylon sign in the form of perennial planting beds or other small growth that will not hinder the function of the sidewalk, trail and snow storage easement. 8. Building identification numbers shall be installed consistent with City Code Section 2.78. 9. The pylon sign shall be improved by replacing the metal pole with a brick support column or with a brick base constructed around the pylon. 10. All signs are subject to the requirements of the City Sign Code. A sign permit is required for each sign prior to installation. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2011 CASE: 15 -CU -04-03-11 APPLICANT: Border Foods, Inc. HEARING DATE: April 26, 2011 PROPERTY OWNER: Refuge Capital, LLC APPLICATION DATE: March 16, 2011 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 1325 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow a Class II restaurant with drive-through service at 1325 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Ninth Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Wi11 be hannonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Taco Bell, 1325 Town Centre Drive April 26, 2011 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in 1988, and a Pizza Hut restaurant was constructed on the site at that time. A pylon sign is located on the northeast corner of the site and was permitted under the Town Centre Pylon Sign Agreement, in lieu of a Conditional Use Permit. EXISTING CONDITIONS The subject property is 0.81 acres in size. The property abuts I -35E right -of way to the north and west, and takes access from Town Centre Drive to the east. The site is currently developed with a Class I restaurant (Pizza Hut). Border Foods proposes to redevelop the site with a new Taco Bell restaurant with drive-through service. An existing pylon sign is located on the northeast corner of the property. Also on the site is the four-sided Town Centre Shopping Center "center identification" pylon sign which is located on the northwest corner of the property adjacent to I -35E. A private "sign services" easement extends along the north property line from Town Centre Drive to the sign. 141 Planning Report — Taco Bell, 1 325 Town Centre Drive April 26, 2011 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Surrounding properties are zoned CSC, Community Shopping Center, and guided SA -RC, Special Area — Retail Commercial. Surrounding development consists of other restaurants (Applebee's and Noodles & Co.), a grocery store (Rainbow) and the Town Centre Shopping Center. EVALUATION OF REQUEST Compatibility with Surrounding Area — The CSC zoning allows Class II restaurants and drive- through service as a conditional use. Other Class I and Class II restaurants are located in the general vicinity of the subject site. Site Plan — The building is proposed to be located on the southeastern portion of the site. Parking is to the north and west. The redevelopment will utilize the existing curb cut with two- way access to Town Centre Drive. A pedestrian connection is provided between the building and the public sidewalk along Town Centre Drive. A crosswalk marking is identified where that path crosses the drive-through exit lane. Additionally, bicycle racks are proposed on the north side of the building. Traffic will circulate through the site from the north to the west and the drive-through approach will be from the west along the south side of the building. The exit from the drive through will connect back to the driveway within the site. No bypass lane is provided, however, vehicles have an opportunity to "escape" from the drive-through lane through the western parking lot. While the parking lot satisfies the minimum 20' parking setback from the west lot line abutting I -35E, the proposed drive through lane extends closer to that lot line, resulting in the loss of several mature evergreen trees along the west edge of the site. Setbacks — The proposed building satisfies the following minimum structure setbacks: 30' front yard; 10' side yard, and 50' from interstate right-of-way. Required parking setbacks are 20' from a public right-of-way and 5' from side and rear lot lines. Parking along the north side is set back less than 20' from the north lot line abutting the I -35E ramp. This parking follows the alignment of the existing parking lot is an existing condition that will be maintained with the proposed redevelopment. Building Coverage/Green Space — The CSC zoning district sets a maximum building to lot area ratio of 30%; 6.7% building coverage is proposed. The Zoning Ordinance requires a minimum 30% green space for commercial zoning districts; 30.3% green space is proposed. Parking — City Code requires one parking stall for every 60 s.f. of gross floor area for a drive through food establishment. Excluding the trash room, the restaurant is 2,200 s.f. and requires 37 P'anning Report — Taco Bell, 1325 Town Centre Drive April 26, 2011 Page 4 parking stalls. The Site Plan provides a total of 38 parking stalls. Parking stalls are 10' x 19'. Two-way drive aisles are a minimum of 24'. The drive-thru lane is 12' wide. Mechanical Equipment — Building elevations show that mechanical equipment will be screened by parapet walls designed into the building architecture. A transformer is located on the ground near the southwest corner of the building. Landscaping around this ground equipment should be enhanced to provide screening from all directions. Trash Storage — Trash storage is located within the building. Vehicle access to the trash storage is provided from the parking lot through an overhead door on the west side of the building. Landscaping — The existing trees and other landscaping on the site, including three individual planting beds along Town Centre Drive, were installed as part of the landscape plan for the initial development. As such, redevelopment of the site will include implementation of a new landscape plan. The new landscape plan should meet current landscape ordinance requirements. The site is encumbered by easements along the front (abutting Town Centre Drive) and north sides (abutting I -35E ramp). These easements prevent the placement of large plant materials within those areas. In addition, the shopping center sign in the northwest corner and pylon sign in the northeast corner occupy space that could otherwise be planted with larger trees. The landscape ordinance requires visual penetration areas adjacent to freeway right-of-way be planted with a mixture of overstory and understory coniferous plant material to provide a visual screen at tirne of maturity. This planting is to be provided within the required setback area. While City Code requires a 20' setback for parking, other pavement including the drive-through lane is subject to a 5' setback. As such, there is little space in which to screen this visual penetration area with large growth landscaping. A mix of small shrubs is proposed along the west side of the drive-through lane, with one evergreen tree in the northwest corner. The proposed landscape plan provides two shade trees, two ornamental trees, and one evergreen tree. Perennials and shrubs fill out the planting beds around the building and parking lot islands. While there is dense mature shrubbery within the I -35E right-of-way along the north side of the property, landscape screening should be provided within the site. Therefore, the applicant is proposing to install a mix of deciduous and evergreen shrubs along the north side of the site. The applicant's narrative indicates this is within the private sign easement along the north side of the parcel. The public sidewalk, trailway and snow storage easement prevents large plant materials from being placed in the front of the lot; however, staff suggests that landscaping should be added in the large open area along the Town Centre Drive frontage and the pylon sign to enhance the view of the site from the street. This could be done in the form of perennial planting beds. Since the sidewalk is located primarily within the right-of-way rather than the easement area, such plantings should not interfere with the functions of the easement. Planning Report — Taco Bell, 1325 Town Centre Drive April 26, 2011 Page 5 Building Architecture/Materials — City Code requires newly constructed buildings to consist of at least 65% Class I materials and utilize at least two different Class I materials. Class II and III materials may comprise not more than 35% of the finish. The building is proposed to be finished with primarily brick and glass, with EIFS panels and an arch accenting the entrances. EIFS panels are also used on the parapet walls to screen mechanical equipment. The brick is proposed to be in two different colors to add visual interest. The 65% ratio of Class I materials is exceeded on two of the four elevations and overall the building finish consists of 69% Class I materials. Building Address Numbers — In accordance with Section 2.78 of the City Code, building numbers should be conspicuously displayed on the building, in suitable location in an upper corner or near the building entrance so it can be clearly seen from the street and read during all hours of the day. Commercial building numbers shall be a minimum height of 12 inches and in a contrasting color to the color of the building Signage — Building signage is proposed on two elevations. In addition, the applicant proposes to utilize the existing pylon sign on the northeast corner of the site. This sign was permitted under the Town Centre Pylon Sign Agreement in lieu of an individual Conditional Use Permit. The menu board is located at the southwest corner of the site along the drive-through lane. A drive- through directional sign and height limit bar are proposed at the drive-through entrance. The pole is proposed to be repainted in purple to match Taco Bell's accent color, and the sign will be refaced. As part of this redevelopment, staff suggests the pylon sign be improved by replacing the metal pole with a brick support column or with a brick base constructed around the pylon. This would be consistent with other recent improvements throughout the Town Centre commercial area which have included enhancements to signage as well as exterior building updates and remodeling. In particular the Town Centre shopping center and Rainbow Foods have constructed new signs that include a masonry base, a new brick support was constructed for the Noodles & Co. pylon, and the FedEx/Kinko's building has a new sign with brick supports. All signs are subject to the requirements of the City Sign Code. A sign permit is required for each sign prior to installation of the sign. Site Lighting — Site lighting should be provided as necessary for security, safety and traffic circulation. Such illumination should be indirect and diffused. Lighting should not be directed upon public rights-of-way or adjacent properties and the source of light should not be visible from off the property. The Site Lighting Plan appears acceptable. Free-standing pole mounted lights are proposed in the parking areas, and building mounted lights illuminate the sidewalks, building entrances and drive-through lane. The selected fixtures appear to be shielded and directed downward. 131 Fanning Report — Taco Bell, 1325 Town Centre Drive April 26, 2011 Page 6 The photometric plan shows not less than 0.5 footcandles within the parking areas, and the average to minimum ratio is less than 4.0 footcandles, indicating fairly uniform light levels throughout the site. Parks and Recreation — Park dedication was satisfied with the initial building permit in 1988. The City did not implement trail dedication until 1990, so none was required at the time of initial development. A 20' public trail, sidewalk and snow storage easement was provided along Town Centre Drive with the initial development. In addition, the property was levied a special assessment for sidewalk installation along Town Centre Drive in 2005. Grading/ Topography — The site was graded with previous development, and the proposed new building construction will require minor grading. Grades and slopes on the site are relatively flat and will remain generally as current, with the site sloping toward the west. Stone Drainage — A storm drainage system was constructed with previous development and will be utilized with the new proposal. Wetlands/Water Quality There are no wetlands present on the site and existing storm drainage infrastructure will continue to be utilized with the redevelopment. Utilities — Existing sanitary sewer and water service lines of sufficient size, depth, and capacity are available from Town Centre Drive for connection by this development. Streets/ Access/ Circulation — Public street access will remain at one location onto Town Centre Drive similar to the previous development. Pedestrian circulation in the area is provided by the existing sidewalk on Town Centre Drive. The proposed redevelopment provides a designated pedestrian connection to this public sidewalk. Easements — In addition to perimeter drainage and utility easements, a 20' public sidewalk, trailway and snow storage easement covers the east side of the property along Town Centre Drive. A 10' private sign services easement extends along the north side of the property from Town Centre Drive to the shopping center sign in the northwest corner of the site. Financial Obligation — At this time, there are no pending assessments on the parcel. SUMMARY/CONCLUSION Border Foods is proposing to redevelop this site with a new Taco Bell restaurant with drive- through service. The proposed redevelopment will utilize the existing driveway access and maintain the existing parking setback to the north lot line. A pedestrian connection to the public sidewalk along Town Centre Drive will be provided, along with provisions for bicycle parking within the site. Trash storage is internal to the building. The proposed plan appears to be Planning Report — Taco Bell, 1325 Town Centre Drive April 26, 2011 Page 7 acceptable with a few suggested modifications including enhancements to the pylon sign and landscape plan. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a Class II restaurant with drive- through service at 1325 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Ninth Addition. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2 A pedestrian connection to the public sidewalk along Town Centre Drive shall be provided. 3. A designated bicycle parking area shall be provided as shown on the approved Site Plan. 4. All mechanical equipment shall be screened from views from off the site, consistent with the provisions in the City Code. 5. Landscaping around the transformer shall be enhanced to provide screening from all directions. 6. All trash and recyclables storage shall be located within the designated space within the building. 7. Additional landscaping shall be provided along the front of the site and around the base of the pylon sign in the form of perennial planting beds or other small growth that will not hinder the function of the sidewalk, trail and snow storage easement. Building identification numbers shall be installed consistent with City Code Section 2.78. 9. The pylon sign shall be improved by replacing the metal pole with a brick support column or with a brick base constructed around the pylon. 10. All signs are subject to the requirements of the City Sign Code. A sign permit is required for each sign prior to installation. 31 Location Map 1 Central Park Park CENTN Park To 11 INN 1" 1 f_ ■ ®m MEI Moonshine Pa k Fish AI: RICE DR • IPA WIMP Lon •.k Yanke- Doodle.Rd mmey Rd Cliff Rd Map Area Extent Subject Site 111 ® E"(YANKEET O"Ottrrttgr TORR ENTR. DR aiks ...www#61 Mph dir 00 "4 • iii . CnN Rv E LAN Lake ■ • P Park I`. Mum 11111111 ammo .--- ismoirA :mii DUCK,nDOO al F I S * a �,►` �. ksn C VilEnt1• t irr� iiiiiii J ° t ��!!Ij► �e 11 11 Project Name: Taco Bell Request: Conditional Use Permit Case No. 15 -CU -04-03-11 41'. City at Eagan (LH � 0 500 1,000 Legend %ma City Boundary Parcels Parks Buildings 1 Fee 2,000 City of Evil Zoning Current Zoning and Land Use Map Application: 1325 Town Centre Drive Type: Conditional Use Permit Case No.: 15 -CU -04-03-11 CSC, Community Shopping Center Land Use Plan SA -RC, Special Area - Retail Commercial N 0 300 600 1,200 Feet RD • GB LB PD PD MO RC ois !J o/s ffi INTY R(lAp NO. Subject Site ois TOWN LEGAL DESCRIPTION: °°E \}• • 33 SURVEY LEGEND: Catch basins Light standard __ Gas main Sanitary sewer —oo Storm sewer Watermain Overhead wires Underground electric Height of building to adjacent ground INDEX OF CIVIL SITE DRAWINGS: EXISTING CONDITIONS o — q \ °--) }} } 9 §K!al8:i::,Jl2 9;!!,!!!2zlRli;;g3Ji § ? ®E®® ®® SS-,)®®, 236®®®®c ® \ \ Lu / « / o \ \ x ( is j S;TE PLAN LL 3 (Dm(13 co o — d I \ \ \ F4%-\ \ 14L GRADING PLAN SITE LEGEND: § �3 470, 6 UTILITY PLAN F w z W J PLANT SCHEDULE: 0 LANDSCAPE PLAN LANDSCAPE PLAN 0 0000000 00 0000 Oil o 0P, W U C r, efk cl 1,3) 0 a NORTH ELEVATION G0000c00 000 COJO 0008030800009 0.0 0 ELEVATIONS a 0O 4 SOUTH ELEVATION 00 E w ELEVATIONS u dtl sP r o p P P s / fit --7 0,L- ,. r -- SITE LIGHTING a PHOTOMETRIC PLAN border FOODS COMPANIES March 30, 2011 Pamela Dudziak City of Eagan, MN 383o Pilot Knob Road Eagan, MN 55122 RE: Supplemental Narrative for Taco Bell Relocation 1325 Town Centre Drive Dear Pamela: 965 Decatur Ave N. Golden Valley, MN 55427 Tel: 763.489.2970 Fax: 763-489-2971 As a follow up to our meeting with city staff, here are some additional comments and changes to the CUP application. Parking Requirement The initial calculation by staff was for the requirement of 40 parking stalls based on building square footage. However, this calculation included the square footage of the interior trash room within the building footprint. After review, staff concluded that the trash room square footage could be removed from the building square footage calculation since it is not a city code requirement for an interior trash room. The new calculation for parking stalls was reduced by 3 for a total of 37. We have included 1 more parking stall than is required and the additional footage from the other 2 parking stalls will now become part of the landscape plan. Inclusion of an Escape from the Drive thru Lane Staff wanted the inclusion of an escape from the drive thru past the order canopy for those guests who might change their mind about completing their order transaction. Signage Based on staff comments, the bell logo has been removed from the entry portal, the portal arm and on the top of the menu board. Landscaping Staff has asked for additional landscaping on the parcel. After review with our legal counsel, Border would choose to place the additional plantings in the sign easement along the north side of the parcel rather than in City's easement for snow storage and the trail adjacent to Town Centre Drive. The City's easement was created for snow storage and a walking trail and Border values these easements for public safety as a higher priority than a private easement matter. We are concerned, however, that the additional plantings may be visually lost in the background of the adjacent MN DOT ROW landscaping and, therefore, are submitting a simple and practical landscape design. Pedestrian Enhancements The site plan design includes a pedestrian connection to the street with the appropriate pavement markings to identify the crosswalk. Additionally, a protected, dedicated bike rack on pavers will be directly in front of the building for those who might choose to visit by walking or by bicycle. Pylon Sign Staff has requested that Border reface the existing pole to match the building facade. At this time, staff and Border agree to disagree. The pylons along the perimeter of Town Centre Drive have purpose (height) to attract visibility to the location 1 J Border Foods, Inc. is a franchisee of YUMI Brands t f; from travelers along 35W and serve as an important function to the business. To change out the existing pole to match the facade of the building may not result in the same visual look of some of the other pylon signs located on the interior side of Town Centre Drive. Additionally, the cost to complete will create a hardship to design and build with the appropriate structure to support it. With the current difficulties to obtain financing, Border has designed a project at the maximum level of our private funds and respectfully asks the Planning Commission and City Council to allow us to proceed without enhancement to the pylon pole. Thank you for consideration of our project. Respectfully, Barbara Schneider VP Development J Border Foods, Inc. is a franchisee of YUM! Brands Pam Dudziak From: Pete Lehner jrnailto:plehner©lindsaygroup.coml Sent: Thursday, April 14, 2011 11:46 AM To: APC Subject: 15 -CU -04-03-11 COMMENTS On behalf of the owners of 1344-1348 Town Center Drive, Eagan, MN, we would like to comment that the owners approve of the conditional use permit to allow Class 11 restaurant with a drive-thru service. Owners feel this would be beneficial to that business requesting the permit as well as to surrounding businesses so as to bring more business to the area. Owners are favorable and agree to the conditional use permit request. Sincerely, Pete Lehner LINDSAY GROUP 3450 COUNTY ROAD 101 S., MINNETONKA, MN 55345 C (612) 963 - 4844 1 W (952) 931 - 3131 1 F (952) 931 - 3133 www.LINDSAYGROUP.com PETE@LINDSAYGROUP.COM t �, Agenda Information Memo May 3, 2011, Eagan City Council Meeting D. CONDITIONAL USE PERMIT — DIFFLEY 35, LLC ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to add tenant panel signs on the existing pylon sign on property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) a Conditional Use Permit to construct center identification signage to add two directional signs on property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) a Conditional Use Permit to construct center identification signage to add two monument signs on properties located at 4249 Johnny Cake Ridge Road and 1650 Diffley Road, legally described as Lots 3 and 6, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ Diffley Plaza was platted in 2003, consists of seven lots and is fully developed. ➢ A private street provides access into and throughout the development from Diffley Road and Johnny Cake Ridge Road. ➢ Kowalski's received a CUP for the pylon sign and a Variance from the spacing guidelines from the Holiday pylon sign in 2008. ➢ The internal lots have limited visibility from the public right-of-way. The property is zoned NB, Neighborhood Business, which allows pylon signs via a CUP (maximum of 125 SF per side). ➢ The City Code also allows for Major Complex signage with up to one freestanding or pylon sign on each major street. The City Council has discretion on the overall size of the pylon based on terrain and safety factors. ➢ The proposed signs appear consistent with the intent of the City Code and appear to provide additional visibility for the tenants. ➢ The Advisory Planning Commission held a public hearing on April 26, 2011 and did recommend approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: May 15, 2011 ATTACHMENTS (3): Location Map, page �I ^ Draft April 26, 2011 APC minutes, page 5 throug l(JD Planning Report, pages/((through Location Map / , lW ",u' e ■11,1, �, Blackhawk wirs/mmasmximmorammsirm �. {AEA r Rendot Path Park ••• =�,:� - / / A5I cI> .,•MEE ,till 1,,,,..:� ,:-'al' ' '• L.n •ak Rd *idling 111 AR7E�LP4E -/ ,• •j�• `�� ; I, Yankee Doodl Rd i llllllll. PQ��\\ • ' �NI�E DEERWOCD DR NE \Y '• St!%1j1Ij'jr1> • Cliff Rd ,el III 1411111111 . il r I��-� % MapArea Extent so In � ,�VM E '� arnelian Park •, '.,,,' iI u11 pi, ��11.� ���''�.... ,�,�. _ = llllllu. 1 '�� j,,,�� . #.:: N o LAR Ham ant .� .: �,,,�. �� �'� .:8. IN :C ��mmmm�'�0```•'-- ": %.,��1 ... s Subject Site �```::: . ".. .C.SA.H.--NO: 30"__.`.( FLEY A-"...-...} .�.._.,`.._C'.SA"H NO:30"0FFLEYROAD) .._.____.....�..<_r�...._. ...._. lil r Imo 11,11,_ ", , -....;:= ii. 11 1 _ Heine•Pond Park 00 III v vowomi . mei% ,w,.. ,-,- , -;--- .0 • 60 73V151iPtir r 111111"14* ilk***A-4"-* 'IP pzi, 4 .1901 4141 daaillii : 1 ...... ..w— ‘,$). d 4 ♦ mm❑'.,, I ilink�(a s, 110 - 114' Weil AIL IN 18 as miffr All CI FM SDN D' • I ®17 '' ' /'' .NI •�,.31r, 636E0c%) ®® W,x 7' mos5 / / B. :NW w ..jus , `MK � ' Downing, k L. ®®83®sivs 4? r in . A "IiPiPalell.lit Highline Trail Par/ AIM i II* • 1 *gin& ��i ♦sir : r44I. ri1 AN - .- lit* r^, •♦ 17 II � ♦ ° 44 Adi.'' •!„`• -- n\ -_-4 i ..v..:. Vag ig nig,* so: c, �I/1441''� =:'i-i .11 :moi ;bek �j� �joi ;i11Rim. kir0 � . S" ,4411114•�, 6g-it •sliPilTk 11.. . "► Thomas Lake Park .4 111111 41 4VI...... N�►%t . en:F4 �• r111►��• } _ n�.�t Project Name: Lots 3, 4 & 6, Block 1, Diffley Plaza/ f i 1 l Feet Shoppes at Diffley Crossing 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case Nos.: 28-CU-05-03-11 ,M„MII 46,4 City Boundary Parcels Parks .-\, Buildings N City of Eagil Advisory Planning Commission April 26, 2011 Page 7 of 9 D. Shoppes of Diffley Crossing / Diffley Plaza Applicant Name: EFH Co. Location: 4249 Johnny Cake Ridge Rd; Lot 3, Block 1, Diffley Plaza Application: Conditional Use Permit A Conditional Use Permit to allow an additional monument sign and identification. File Number: 28 -CU -05-03-11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 22, 2011. She noted the background and history. Mike Whalen, EFH Co. discussed the critical need for additional signage and how it will help direct traffic to each location. Vice Chair Heaney opened the public hearing. Chris Schram, 1713 Brant Circle, stated her concern for additional illuminated signage and requested that additional buffering be planted on the residential side of the development. There was discussion on the size and design of the signage proposed to be added to the Kowalski's pylon sign. Staff explained the suggested changes to the size of the new tenant panels and the illumination design to be similar to Kowalski's. Member Dugan stated Ms. Schram is a family friend however they have not spoken on this matter. He stated white background sign panels are very bright and concern from neighbors is reasonable; he stated his support for the backlit design. Mike Whalen stated EFH is happy to work with the neighbor. There being no further public comment, Vice Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Jansma seconded a motion to recommend approval of a Conditional Use Permit to construct center identification signage to add tenant panel signs on the existing pylon sign on property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The applicant shall revise the sign plan to enhance the development sign panel (Shoppes at Diffley Crossing) and all tenant panel signage shall be designed and constructed to be consistent with the Kowalski's signage (only letters and logos illuminated); the revised plan shall be submitted to city staff for review and approval prior to release of the CUP for recording. 3. Except for business colors and logos, each tenant panel shall be similar in design and lighting. 4. A Sign permit shall be obtained from the City prior to installation of the tenant panels. 5. All signage shall meet sign setback requirements. Advisory Planning Commission April 26, 2011 Page 8 of 9 6. This CUP is intended and shall supersede and replace the CUP for the pylon sign granted on October 7, 2008. 7. The pylon shall not exceed 208 sq. ft. in overall size. All voted in favor. Motion carried 6-0. Member Supina moved, Member Filipi seconded a motion to recommend approval of a Conditional Use Permit to construct center identification signage to add two directional signs on property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plan received March 31, 2011. 3. A Sign permit shall be obtained from the City prior to installation of the directional signs. 4. The Applicant shall replace any landscaping which is removed to install signs. 5. All signage shall meet sign setback requirements. All voted in favor. Motion carried 6-0. Member Supina moved, Member Jansma seconded a motion to recommend approval of a Conditional Use Permit to construct center identification signage to add two monument signs on properties located at 4249 Johnny Cake Ridge Road and 1650 Diffley Road, legally described as Lots 3 and 6, Block 1, Diffley Plaza, subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plans received March 31, 2011. 3. A Sign permit shall be obtained from the City prior to installation of the monument signs. 4. All signage shall meet sign setback requirements. 5. Properties fronting on Johnny Cake Ridge Road shall have signage on the Diffley Road monument sign and properties fronting on Diffley Road shall have signage on the Johnny Cake Ridge Road monument sign as shown on the Monument Sign Key. 6. All landscaping shall be installed no later than August 31, 2011, per the Landscape Plan received March 31, 2011. 7. The Applicant shall replace any landscaping which is removed to install signs. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 2011 APPLICANT: EFH Co. PROPERTY OWNER: Diffley 35, LLC; Diverse Development Co. LLP; Four Points Real Estate Development REQUEST: Conditional Use Permit CASE: 28 -CU -05-03-11 HEARING DATE: April 26, 2011 APPLICATION DATE: March 16, 2011 PREPARED BY: Sarah Thomas LOCATION: 1646 and 1650 Diffley Road, 4249 Johnny Cake Ridge Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The Applicant is requesting approval of a Conditional Use Permit to construct center identification signage to add tenant panel signs on the existing Kowalski's pylon sign, add two monument signs and add two directional signs on properties located at 1646 and 1650 Diffley Road and 4249 Johnny Cake Ridge Road, legally described as Lots 3, 4 and 6, Block 1, Diffley Plaza. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. up l Planning Report — Diffley Crossing center identification signage CUP April 26, 2011 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Diffley Plaza property was platted in 2003 and consists of seven lots. The subdivision is completely developed. The Diffley Plaza development includes a CVS Pharmacy, Kowalski's grocery store, Holiday convenience gas station, Oak Trust Credit Union, a multi -tenant retail building, Think Bank and Primrose day care (under construction). Kowalski's received approval of a Conditional Use Permit to construct the pylon sign as well as a Variance from spacing guidelines in 2008. The strip retail center opted for additional building signage in lieu of a pylon sign which is allowed per City Code. EXISTING CONDITIONS The subject site is zoned Neighborhood Business, and has a Comprehensive Guide Plan designation of Retail Commercial. The development includes an on-site pond to treat runoff from the development. A private street provides access from Johnny Cake Ridge Road and Diffley Road into and throughout the development. Planning Report — Diffley Crossing center identification signage CUP April 26, 2011 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — Neighborhood business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. Pylon signs are a Conditional Use. Sign Ordinance — The Sign Ordinance allows for Major Complex signage, such as for a shopping center, with up to one freestanding or pylon sign on each major street. The Code allows the Council to determine the maximum size of the sign, after reviewing the applicable conditions such as the terrain and safety factors, versus the standard maximum of 125 sq. ft. per side for a pylon sign. The Sign Ordinance also allows for properties adjacent to a freeway to have building mounted signage in lieu of an on -premise pylon sign. Proposal — The Applicant is requesting to add tenant panels to the existing Kowalski's pylon sign, two monument signs and two directional signs at the Shoppes at Diffley Crossing shopping center. Kowalski 's Pylon — The Applicant is proposing to convert the pylon to a "Center Identification" sign by adding the shopping center name and tenant panels to the existing sign. Currently, the sign is 124.83 sq. ft. As depicted on the sign plan, the additional panels are 10' 2" by 8' 2" (83 sq. ft.) for a combined total of just under 208 sq. ft. City staff is unaware of pylons within the City that are 200 sq. ft. or larger, although there may be a few that are approximately 150 sq. ft. For comparison purposes, the signage on the Town Centre Identification Tower is 355 total sq. ft. for the four sided sign and 177.82 sq. ft. for the two tenant sides. Existing Use Zoning Land Use Designation North Single-family residential PD, Planned Development LD, Low Density (0-4 units/acre) South Single-family residential R-1, Residential Single LD, Low Density (0-4 units/acre) East Single-family residential/Retail Strip Center PD, Planned Development MD, Medium Density (4-12 units/acre)/Retail Commercial West I -35E EVALUATION OF REQUEST Compatibility with Surrounding Area — Neighborhood business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. Pylon signs are a Conditional Use. Sign Ordinance — The Sign Ordinance allows for Major Complex signage, such as for a shopping center, with up to one freestanding or pylon sign on each major street. The Code allows the Council to determine the maximum size of the sign, after reviewing the applicable conditions such as the terrain and safety factors, versus the standard maximum of 125 sq. ft. per side for a pylon sign. The Sign Ordinance also allows for properties adjacent to a freeway to have building mounted signage in lieu of an on -premise pylon sign. Proposal — The Applicant is requesting to add tenant panels to the existing Kowalski's pylon sign, two monument signs and two directional signs at the Shoppes at Diffley Crossing shopping center. Kowalski 's Pylon — The Applicant is proposing to convert the pylon to a "Center Identification" sign by adding the shopping center name and tenant panels to the existing sign. Currently, the sign is 124.83 sq. ft. As depicted on the sign plan, the additional panels are 10' 2" by 8' 2" (83 sq. ft.) for a combined total of just under 208 sq. ft. City staff is unaware of pylons within the City that are 200 sq. ft. or larger, although there may be a few that are approximately 150 sq. ft. For comparison purposes, the signage on the Town Centre Identification Tower is 355 total sq. ft. for the four sided sign and 177.82 sq. ft. for the two tenant sides. Planning Report — Diffley Crossing center identification signage CUP April 26, 2011 Page 4 The purpose of the tenant panels is to allow visibility for the strip retail center tenants who do not have direct access to or visibility from Diffley Road or Johnny Cake Ridge Road. The applicant proposes the tenant panels in lieu of a freestanding monument sign on the in-line retail site, which would be allowed per City Code. The tenant panels would not be considered off-site signage as the Kowalski's pylon would be retrofitted to become a center identification sign. As such, "Shoppes at Diffley Crossing" wording is proposed to be added to the sign, similar to the look and style of the proposed monument signs. Staff suggests this portion of the sign be enlarged to a size at least comparable to that of the largest tenant panel being proposed (14.75 sq. ft.) to better accentuate the shopping center as a whole. Additionally, staff suggests the applicant revise the sign plan also so that the shopping center panel signage is consistent with the existing Kowalski's pylon signage design (black background with white lettering) in that the illuminated signage includes only lettering and not the entire background. Staff believes that design feature will better message the sign as a "Center Identification" sign. The sign plan depicts 8 tenant panels, two of which are 14.75 sq. ft. and six that are 4.83 sq. ft. According to the applicant, HealthPartners is the largest tenant in the strip retail center, occupying 7,000 sq. ft. of the 19,200 sq. ft. building and the applicant shows the two largest panels being devoted to them. Based on previous experience, staff believes the six 4.8 sq. ft. signs will be virtually unreadable and suggests the center identification and tenant panel signage should be of a consistent size, not to exceed 73.75 sq. ft. (14.75 sq. ft x 4 tenant panels + center identification); this scenario will provide additional space to better identify the branding of the "Shoppes at Diffley Crossing" while also increasing the functionality of the additional signage proposed. The City Code has design requirements for commercial areas that include exterior building surfaces to have an equally attractive or same finish and be compatible with adjacent structures. Similarly, staff suggests each of the proposed tenant panels should be consistent in design and lighting to produce a cohesive design. Monument signs — Two 7 -foot tall signs are proposed on the north and east sides of the shopping center at the private street entrances. One sign is proposed on the Holiday parcel (Lot 6) and the second sign is proposed in the median between Primrose daycare and Think Bank (Lot 3). Identifying signage at these two key access points appears helpful and consistent with a retail development of this scale. To be most effective, the signs fronting on Johnny Cake Ridge Road should have signage on the Diffley Road monument sign and properties fronting on Diffley Road shall have signage on the Johnny Cake Ridge Road monument sign as shown on the Monument Sign Key. The sign plan depicts 7 tenant panels, with Kowalski's having the largest of the panels, consisting of 10.67 sq. ft. The remaining panels are each 1.8 square feet. Kowalski's is the largest retailer in the development and therefore, it is proposed that the largest panel be allocated to them. IVI Planning Report — Diffley Crossing center identification signage CUP April 26, 2011 Page 5 This part of the proposal appears to meet the intent of the Sign Ordinance. Directional Signs — The Applicant proposes two directional signs. Directional signs typically provide information such as "parking" or "exit". The signs are proposed to be located on the Kowalski's parcel, where the private street turns within the development. According to the Sign Ordinance, "In multi -lot developments, the design and placement of monument and directional signs shall be coordinated through an overall signage plan", therefore allowing flexibility in a large development situation. This part of the proposal appears to meet the intent of the Sign Ordinance. SUMMARY/CONCLUSION The applicant is requesting to add center identification signage for the businesses within the Diffley Plaza Development. The proposed signage includes two monument signs, two directional signs and tenant panels on the existing Kowalski's pylon sign. The additional signage on the Kowalski's pylon exceeds the Code requirement of a maximum of 125 square feet; however, the applicant is proposing the panel signs in lieu of a monument sign for the strip retail center on the adjacent property (Lot 5, Block 1, Diffley Plaza). City Code allows the City Council to determine the maximum size of the sign after reviewing the applicable conditions such as the terrain and safety factors. As such, City policymakers should determine if the proposed size of the sign is appropriate. ACTIONS TO BE CONSIDERED To recommend approval of a Conditional Use Permit to construct center identification signage to add tenant panel signs on the existing pylon sign on property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The applicant shall revise the sign plan to enhance the development sign panel (Shoppes at Diffley Crossing) and all tenant panel signage shall be designed and constructed to be consistent with the Kowalski's signage (only letters and logos illuminated); the revised plan shall be submitted to city staff for review and approval prior to release of the CUP for recording. 3. Except for business colors and logos, each tenant panel shall be similar in design and lighting. 4. A Sign permit shall be obtained from the City prior to installation of the tenant panels. 5. All signage shall meet sign setback requirements. Planning Report — Diffley Crossing center identification signage CUP April 26, 2011 Page 6 6. This CUP is intended and shall supersede and replace the CUP for the pylon sign granted on October 7, 2008. 7. The pylon shall not exceed 208 sq. ft. in overall size. To recommend approval of a Conditional Use Permit to construct center identification signage to add two directional signs on property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plan received March 31, 2011. 3. A Sign permit shall be obtained from the City prior to installation of the directional signs. 4. The Applicant shall replace any landscaping which is removed to install signs. 5. All signage shall meet sign setback requirements. To recommend approval of a Conditional Use Permit to construct center identification signage to add two monument signs on properties located at 4249 Johnny Cake Ridge Road and 1650 Diffley Road, legally described as Lots 3 and 6, Block 1, Diffley Plaza. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plans received March 31, 2011. 3. A Sign permit shall be obtained from the City prior to installation of the monument signs. 4. All signage shall meet sign setback requirements. 5. Properties fronting on Johnny Cake Ridge Road shall have signage on the Diffley Road monument sign and properties fronting on Diffley Road shall have signage on the Johnny Cake Ridge Road monument sign as shown on the Monument Sign Key. 6. All landscaping shall be installed no later than August 31, 2011, per the Landscape Plan received March 31, 2011. 7. The Applicant shall replace any landscaping which is removed to install signs. Location Map "pow- - . • r Pi • Path Park _T !ill iti.,, ri„I i ,.i :-,Logs. emu. ow _,*..... ,...,,,,„ L'I! 111 :•'ii : Sail - Carnelian Park L41; ip. r., ... 0. 0 a se 3 a /u �� 1/ IIIU • lif,, 6. ma NE ARTE�L�Yig .W,a • DEERNOOD DR NE• aT I Fa N\ Blackhawk y/\ f .ny. Eria 11111 Map Area Extent RLA Yankee Dood .Rd 1 Cliff Rd elalejMENIE amnia mei 1111 ummlowlm • S.A.H. NO. 30 • e0' FLEY R9 Subject Site ibminit -�_ 11 C'.S:A:H:'NO "30 FLEY ROAD) a pit eine• and Park fa ;119:7 , �f �:174. , .• I114 4044 m I:11:14111VE? 4Pi-070: IIPAbl-111111k ..: Dasfw4I O CI FMSON '-op. 40 44 NU.ntigitdu A + �`1 • •; � �� �• per• •: • • 1111ZEE.. �: 1111 .• . ♦ iwaksoso St. 41111101 110 iiEft mmEmbro0111110 .u- r A Bur 0 Highline Trail Park 114..•.4 Project Narne: Lots 3, 4 & 6, Block 1, Diffley Plaza/ Shoppes at Diffley Crossing Request: Conditional Use Permit Case Nos.: 28 -CU -05-03-11 44k. City of Eagan 1�7 0-4464, 11111110 4 • Mkr11�►�` # 0 Thomas'Lake Park I I IFee 500 1,000 Legend J111111/8 16111 City Boundary Parcels Parks Buildings 2,000 4111` City of hp Zoning Current Zoning and Land Use Map Application: Shoppes at Diffley Crossing Type: Conditional Use Permit Case No.: 28 -CU -05-03-11 NB -Neighborhood Business Land Use Plan RC -Retail Commercial 0 300 600 1,200 Feet PD PD Subject Site ' - .TT.1!iani -4111 NB R-1 '41111114111W1 Z x 0 0 w 0 w U >- SI • • • PD C.S.A.H. NO. (DIT_EY ROAD PD R-1 C.S.A.H. NO. 1 • LEY ROAD 21 Diffley Plaza Area -Aerial Photo Spring 2010 II N 0 0 SITE PLAN (-1/ -1) G�ZA o 177 • N _sAv o mccp] CP CP rt► m�� 3 �A m z JOHNNY CAKE RIDGE ROAD n PYLON SIGN 7-_XISTiNG 76- _ICENSED 0% *OM 113.101 gime 3_, 33333 Afglat MOM MON MN au., Am. ni 44M. Nan OsMANifkari 4.13,13113113.4 Ora MO ^1,4. .8; °11888441477, He al th Parcii LFS 1 . ^ ricaZ 3 *Ma tifiin AWL ala ask • "din rala...049110, eaa. 4,40,1d 4a, 4, a 4'4 "ImalP, 'aa .$1.11 Nom ma, 013.. aa -a. 33433 ROM / b.:3h Mina &We 11.148 OK 7,, MO. UMW 419.44.04.1k.• sac, rar,a2 1.16‘alk IOW Awe Aram am „ IOW* vaaaaa^ Mt Meg tlyur. 4133.4 4.at Pio a.,..ry OM. *aa IMO OW. malata 1.1110 iaa.ta .1e i' -(Y EXISTING SIGNAGE aRj;.:,.:11111 MR. I ncr Csl Avenue NE C71 e spats,MN 55418 IJJT RECDVFD Ap \(;:.\DDrilu\ /ET A-4 MONUMENT SIGN A t t) MONUMENT SIGN B LISZ # HOf 0 z < 0 o M mC") Xl 0 0� m� CD 5 M Z st m 0 T m r m 0 D 0 m -4zz z m m 0 m 0 0 Dz F-' z DIRECTIONAL SIGNS S133HS Z JO Z 133HS MONUMENT SIGN KEY JOHNNY CAKE RIDGE ROAD i 7 r 0 r- 0 0 r+ r- 0 0 rT r- 0 0 r* r- 0 0 N r- 0 0 40IIJ!4- V NDIS bo 0 ADI 39VNOIS 1N3Wf1NOW L l SZ # 4Of m LANDSCAPE PLAN 4t CO 213dlNflf d3lflf INIW 31NVN N0111100 JUNIPERUS CHINENSIS'MINT JULEP' 311VN 1V3INV108 0 z N m '3'0.0-.0 @71NVld cn -13 n z 0 31f143H3S ONLLNVId DIFFLEY PLAZA ASSOCIATION, INC. 2999 W. County Rd. 42, Suite 206 Burnsville, MN 55306 (952) 890-6450 (952)890-5476 Fax March 16, 2011 Ms. Sarah Thomas City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Shoppes of Diffley Crossing/Diffley Plaza 1654 Diffley Road Eagan, MN Dear Ms. Thomas: Please accept our application for additional monument and identification signage for the development under the plat name of Diffley Plaza. We are proposing to add monument signage to the entrances along Eastbound Diffley Road and the entrance on Johnny Cake Ridge Road, along with interior directional signage for the various users. This is a commercial development, South of Diffley Road between I -35E and Johnny Cake Ridge Road, zoned NB(Neighborhood Business). Current tenants in the development include Kowalski's Markets, Holiday Stationstore, Oak Trust Financial Credit Union, Think Bank, CVS Pharmacy, Primrose School, Health Partners Clinic, Radditz Dance Studio, Le Belle Nails and IBeach Tanning. To the South of this development is Single Family Residential, to the North is Multi -Family Residential, to the West is I -35E and to the East is commercial. With the development in final stages of completion, it is beneficial to the various users to have identification throughout the development to allow safe access to the various businesses and coordinate traffic flow. We would also like to propose a change to the pylon signage to add Health Partners to the pylon sign under the Kowalski's Market sign. While we understand that this will increase the signage sf on this pylon sign, the sf does not exceed the allotted square footage for the retail building currently and in the future due to the amount of space the Health Partners Clinic is taking. Therefore, we respectfully request that the signage allocated to the retail center for the additional bays utilized by Health Partners be allocated to the Pylon sign. We have opted not to have a pylon sign on the retail building and have moved forward with building signage only. The space distance between the Kowalski's sign and the retail pylon sign would have placed this sign in directly adjacent to the residential neighborhood and we believe the building signage along with the Kowalski's pylon sign request offers a better project for the commercial and residential developments. I am attaching our application for review. Please do not hesitate to contact me with any questions or comments. Thank you. Mike Whalen Enc. Agenda Information Memo Eagan City Council Meeting New Business April 5, 2011 E. FIRE ADMINISTRATION BUILDING TEMPORARY LEASE OPPORTUNITY — JBL COMPANIES ACTION TO BE CONSIDERED: To direct preparation of a lease agreement to permit JBL Companies to occupy the Fire Administration Building at 3795 Pilot Knob Road on a temporary basis pending the sale of the site. FACTS: • As a part of the plan to dispose of the City's Fire Department buildings that are being replaced by the Fire Safety Center facility at Yankee Doodle Road and Wescott Woodlands, staff will prepare an RFP for price and proposed use for the sale of the Fire Administration Building at 3795 Pilot Knob Road. • It is understood that the City Council's ultimate intention is to sell the building and apply the proceeds to the costs of the new Fire Safety Center. In discussions in this regard, it also has been indicated that if the City were not able to attract acceptable purchase offers for the building in the near term, leasing it for some period of time until the office market improves would be a second option. • The City was recently approached with a proposal by Jeff Larson of JBL Companies to lease the property as -is on a month-to-month basis beginning on the first of June for the temporary relocation of his firm and some related businesses. Mr. Larson understands the City's long-term intention to sell the property and is willing to enter into the month- to-month arrangement with that in mind. • While leasing has not been the City's first choice, the proposal is being presented for consideration because it would provide revenue to the City while the RFP process is completed, Mr. Larson's proposed use could be accommodated without modifications to the building and within the constraints of the currently available parking on site, Mr. Larson's proposed use is largely weekday in nature so it would not expand the intensity of use on the site and, if the City does not receive acceptable purchase proposals when the RFP is issued, the lease could be renegotiated and extended. An additional benefit is that the City would pay substantially more to insure the vacant building through the RFP, sale and closing period than it would if the building were occupied during that process. • To balance the consideration, this would result in occupancy in the near term, before the City would have time to engage the neighborhood in the communication process intended as part of the preparation of the RFP, so neighbors may be concerned about the change in use on short notice. That said, the intention would still be to proceed with the RFP and neighborhood engagement process for the ultimate sale and occupancy of the space, so the lease term could be something of a test case for neighbors to observe leading up to the solicitation and receipt of proposals. • Mr. Larson has indicated that he is interested in being a proposer when the RFP is distributed, so there may also be a concern that his occupancy would provide an unfair 179 advantage over other proposers. Staff has addressed this with Mr. Larson and he understands and agrees that one of the points of the month-to-month lease proposal is that the City ultimately may receive and select a different purchase proposal. • Staff has discussed market lease rates with the County Assessor and a commercial broker not associated with Mr. Larson or his firm. Those sources suggested that a current market lease rate would be $8 per square foot for the office space and $4 per square foot for the garage space JBL would use. Mr. Larson has agreed to those rates, if they are acceptable to the Council. • If the City Council wishes to proceed on the basis of the proposal, staff is requesting that direction be given for the City Attorney, staff and Mr. Larson to prepare a lease agreement for consideration and ratification at the May 17th City Council meeting. ATTACHMENTS: • JBL Proposal on pages / q) through fa_' April 27, 2011 Mr. Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Fire Administration Building Pilot Knob Road Dear Jon: As a follow up to our phone conversation, I would like to clarify the proposed rent structure for the month-to-month lease option with the minimum of 1 year lease. BASE RATE - Office: 10,000 sq.ft. @ $8.00 p.s.f. or $6,666.67 per month. The fower level (basement) would be part of the office base rent. BASE RATE — Garage: 2,600 sq.ft. of space @ $4.00 p.s.f or $866.67 per month. Again this will be a triple net lease where JBL Companies will be responsible for all expenses associated with the property as well. The other terms as outlined in the April 12, 2011 letter would remain consistent. Thank you. Sincerely, JBL Co M: P A N I E S • 1345 Corporate Center Curve • Eagan MN 55121 • Phone: 651-686.0212 • Fax: 651-686-6113 April 12, 2011 Mr. Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Fire Administration Building Pilot Knob Road Dear Jon: Thank you for taking the time to discuss the Fire Administration building with me. As we discussed JBL Companies lease has expired and we are reviewing options for a new location. With this in mind, I would like to offer the following to the City of Eagan: BUILDING ADDRESS: 2980 Lone Oak Road Eagan, Minnesota TENANT: JBL Companies SUBTENANTS: SIZE: TERM: BASE RENTAL: The following are subtenants that are affiliated with JBL Companies: • Colors Consulting • Emerson Technologies • JBL Maintenance • One subtenant to be named Approximately 5,000 square feet on the first floor and 5,000 square feet on the sccond floor of Office space Approximately 2,600 square of Garage/Warehouse space A month-to-month lease would be entered into; however, we would like to request a one year minimum in order to absorb moving and stationery costs. I have attached for your review, (Exhibit A), comparables for the City of Eagan rental rates. The following rental schedule proposal is based on a triple net system: Option 1: Month to Month Monthly base rent of $5,000.00 Option 2: 5- year cancellable with 60 -day notice Months 1-5 $0.00 per month This will be paid back at month 6 rental rate if J B L, COMPANIES • 1345 Corporate Center Curve • Eagan MN 55121 • Phone: 651-686-0212 • Fax: 651-686-6113 OPERATING COSTS: TENANT IMPROVEMENTS: lease terminated prior to 51h year. Months 612 $5,000 per month Months 13-36 $7,200 per month Months 37-60 $10,000 per month This would be a triple net lease. Therefore JBL would be responsible for all expenses to the property which include utilities, real estate taxes, insurance, lawn care, snow removal and general upkeep. JBL will move into the space "as is". We would like the cubicles on the first floor. Should we want to make some minor changes to the building, City approval will be required. As an example, JBL Companies would like to cover the check-in window on the first floor. REQUEST FOR PROPOSAL: JBL acknowledges that it is the long term goal of the City to sell the property. It is also our understanding that the City plans to conduct community meetings regarding use of the building, rezone the property, amend the City's Comprehensive plan and solicit requests for proposals (RFP's) for the property. We also understand that this process could take approximately one year. While we may or may not ultimately submit an RFP, we will certainly cooperate with the City as you go through this process. Following; your review, I would work with staff and City attorney to develop a lease agreement that is acceptable to both parties. I would need to have a decision by May 10, 2011. Sincerely, Property Abbreviated Property Name Address Market Submarket Universal Cooperatives Building 1300 Corporate Center Cv Eagan, MN 55121 Southeast D :, L- s l gross Eagan Place Professional Building 1215 Town Centre Dr Eagan, MN 55126 C Q d+ c c r Southeast r' oc -- �s ate' vie i tS 144 c �.� �s "Pee General Use Specific Use Building Size Lot Size Ofc General 40,000 SF 5.82 Ac. Status Year Built Existing 1999 Available SF Lease Rate Sale Price 6,695 SF $19.00 Gross 1 -tree \ e- r C bes- S G Ofc Existing Medical 32,800 SF American Corporate Center I & 11 1285-1295 Northland Dr Mendota Heights, MN 55120-1139 Southeast / /66E. Ne 7 bec �S Town Centre Plaza 1185 Town Centre Dr Eagan, MN 55123 M e CC Southeast /IKan 7-%1- lJe V, A a 1,k In 1715 Building 1715 Yankee Doodle Rd Eagan, MN 55121 Ofc General 140,000 SF 2008 7,489 SF $19.00 Net Existing 15,063 SF 1994 $14.00 Net et. yet. - er.7 SG Ofc General 44,383 SF 3.14 Ac. Existing 2000 3,113 SF $14.00 - $16.00 NNN µ c,., Ce -e r ``-L ° r Iec✓t-c Existing 15,380 SF $13.50 Net Ofc General 106,166 SF Southeast IJeC4-h. Com_ le- /b Lie -7 .4 Eagan Woods Office Center 2600 Eagan Woods Dr Eagan, MN 55121-1167 Southeast Gm ne Ofc General 81,243 SF gt. A /mt,74L f e&,O- 1 Eagan Professional Building 1103 Town Centre Eagan, MN 55121 Southeast Ofc General 18,900 SF 2000 ✓PC Existing 1986 Existing 2001 /7, 7/ otee 7-e4rlea4 This infonnatlon has been obtained from sources believed reliable. while we do not doubt Its accuracy, we have not verified it and make no rantee, warranty or representation about it. It is your responsibility to independently confirm its accuracy. /wse 28,584 SF $13.00 NNN 5,037 SF $12.00 Net I et Property Abbreviated Property Name Address Market Submarket Eagandale Point 1400 Corporate Center Cv Eagan, MN 55121 Southeast General Use Specific Use Building Size Lot Size Ofc General 23,748 SF 2.40 Ac. Brown College 1440 Northland Dr Mendota Heights, MN 55120 Southeast 7,7d Eagandale Crossing 1020 Discovery Rd Eagan, MN 55121 Southeast v`.` r e Mendota Heights Business Center Of 2520 Pilot Knob Rd General Mendota Heights, MN 55120 126,002 SF Ofc General 127,931 SF 16.04 Ac. ee Ind ( / Existin Flex/R&D 80,104 SF 6.58 Ac. Status Year Built Existing 1997 Existing 1979 Available SF Lease Rate Sale Price 23,748 SF $10.00 - $12.00 Net $2,137,000 'vo 1998 112,879 SF $6.50 Net $7,000,000 50,678 SF $6.00 - $12.00 Net Southeast Existing 1981 17,924 SF $4.75 - $10.00 WL c,t ` - cam` /„- This information has been obtained from sources believed reliable. While we do not doubt ds accuracy, we have not verified it and make no guarantee, warranty or representation about It. It Is your responsibility to independently confirm its accuracy. g`) Property Map Gun Club Lake Mendota -Heights ,Rd Am 0' Mendota Heights 71 70 Trapp Rd Fort Snelling State Park 4. 99A and 6 tir V. Keefe St 551,.; W Ser4ce_Rd •kti ..I• one Oak Rd 261 Rd (:;1) 1 Pilot Knob' Park Lone Oak Rd Apollo Rd- 3010' agan Central Eagan 1'' /, Park f' cD1 976r 1131 Y -T m 0 o Yankee Doodle Rd [2J Northwood promenade PI nee Doodle fid Yankee Doodle Rd ®2D 11 Microsoft Corp ®2008 NAVTEQ, and JorTele atlas, Inc. I. O'Leary Park x281: Map Legend 1) Universal Cooperatives Building, Eagan, MN 55121 2) Eagan Place Professional Building, Eagan, MN 55126 3) American Corporate Center I & II, Mendota Heights, MN 55120-1139 4) Town Centre Plaza, Eagan, MN 55123 5) 1715 Building, Eagan, MN 55121 6) Eagan Woods Office Center, Eagan, MN 55121-1167 7) Eagan Professional Building, Eagan, MN 55121 8) Eagandale Point, Eagan, MN 55121 9) Brown College, Mendota Heights, MN 55120 10) Eagandale Crossing, Eagan, MN 55121 11) Mendota Heights Business Center, Mendota Heights, MN 55120