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10/04/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 4, 2011 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE P.3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) 4 A. APPROVE MINUTES �$ B. PERSONNEL ITEMS 1 16) C. APPROVE Check Register f (t D. SET Public Hearing date for November 1, 2011 to Certify Delinquent False Alarm Bills P la E. SET Public Hearing date for November 1, 2011 to Certify Delinquent Noxious Weed, Mowing, 13 Refuse Removal, and Board -Up Bills F. APPROVE Commercial /Multiple Dwelling Hauler License for Aspen Waste Systems, Inc. Ij G. PROCLAIM October 2011 as National Community Planning Month 'P 1 H. APPROVE Final Planned Development and Final Subdivision for Stonehaven 3` Addition QaDI. APPROVE Property Acquisition and Special Assessment Agreements, Project 1016R — Ames Crossing Rd. Street & Utilities (Cole Properties) J. APPROVE Change Order No. 3 for Contract 09 -18 (Duckwood Drive Overpass — Bridge & Street Improvements) d� K. RECEIVE Final Assessment Report for Project No. 1021 (Park Knoll Addition — Street a3 Overlay) and Schedule Public Hearing (November 1, 2011) L. RECEIVE Final Assessment Report for Project No. 1038 (Engstroms Deerwood Addition — Street Overlay) and Schedule Public Hearing (November 1, 2011) M. RECEIVE Final Assessment Report for Project No. 1040 (Fairway Hills Addition — Street Overlay) and Schedule Public Hearing (November 1, 2011) f As N. RECEIVE Final Assessment Report for Project No. 1043 (Blackhawk Pond Addition - Murphy Parkway — Street Improvements) and Schedule Public Hearing (November 1, 2011) PALO. RECEIVE Final Assessment Report for Project No. 1049 (Wilderness Run Road — Street Improvements) and Schedule Public Hearing (November 1, 2011) fa P. SET Public Hearing date for November 1, 2011 to Certify Delinquent Utility Bills PaE Q. APPROVE a Letter of Understanding with EHA and the City of Eagan for the West Civic Arena dry land training space �p R. APPROVE an agreement with BCBS to participate in the do.campaign P qaS. APPROVE the 2012 Parks Capital Improvement Program (CIP) Qt jT. APPROVE Amendment to the 2010 Drug Task Force Grant P(j U. APPROVE Temporary On -Sale Liquor License and waive the license fee for Saints Martha and Mary Episcopal Church Oktoberfest Celebration on October 22, 2011 r.GbV. APPROVE the Terms and Conditions for Grantees along with the Grant Program Guidelines on behalf of the Dakota County Drug Task Force V. PUBLIC HEARINGS T.GO FINAL Assessment Hearing, Project No. 1048 (Blue Cross Rd — Street Improvements) flog B. FINAL Assessment Hearing, Project No. 1044 (Clearview Addition — Street Overlay) P1tp C. FINAL Assessment Hearing, Project No. 1039 (Wilderness Ponds — Street Overlay) FINAL Assessment Hearing, Project No. 1045 (Plaza Drive — Street Overlay) VI. OLD BUSINESS eql� A. Nicols Road Weight Limit Restriction (Xcel Energy) VILNEW BUSINESS OtA. CONDITIONAL USE PERMIT — Master Tool & Die — A Conditional Use Permit to allow outdoor storage of recycle bins, dumpsters, pallets & barrels located at 1950 Shawnee Road B. PLANNED DEVELOPMENT AMENDMENT — Hertz Rental Car - A Planned Development Amendment to allow a satellite sales office and overnight parking of 5 rental cars located at 3040 Eagandale Place P � a� C. COMPREHENSIVE GUIDE PLAN AMENDMENT — CSM Eagan, LLC - A Comprehensive Guide Plan Amendment for a portion of the property from SA -MO, Special Area - Major Office, to SA -RC, Special Area — Retail Commercial located at 3333 Pilot Knob Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT A. City Attorney B. City Council Comments C. City Administrator D. Director of 4'11 11' k � City of Eajan mom TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPPTEMBER 30, 2011 SUBJECT: AGENDA INFORMATION FOR OCTOBER 4, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 4, 2011 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo October 4, 2011 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the September 20, 2011 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 6, 2011 Regular City Council meeting are enclosed on pages through - 7 — . 4 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 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, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 20, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Police Chief McDonald, Fire Chief Scott, Director of Public Works Colbert, Communications Director Garrison, Director of Parks and Recreation Johnson, and Administrative Secretary O'Brien. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATIONS OATH OF OFFICE — NEW FIRE FIGHTERS Fire Chief Scott gave background on the initial training process completed by the eleven new fire fighters prior to Director of Administrative Services VanOverbeke administering the Oaths of Office. RECOGNIZE MIRA BROYLES FOR HER SERVICE TO THE CITY OF EAGAN Mayor Maguire recognized Mira Broyles, Deputy Clerk/Administrative Secretary, with a plaque of appreciation for her eleven years of service to the Mayor and City Councilmembers and the City of Eagan. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda, with items D., E., and F. pulled for separate comment and item K. pulled for separate action. Aye: 5 Nay: 0 A. It was recommended to approve the Minutes of the September 6, 2011 City Council meeting as presented B. Personnel Items: 1. It was recommended to acknowledge the resignation of Nancy Bailey, Office Supervisor — Central Services Division and authorize her replacement. 2. It was recommended to approve the change of status for P. Dudziak, Planner in the Community Development Department from a schedule of 36 hours per week to 40 hours per week effective immediately 3. It was recommended to approve the hiring of seasonal employees in Parks & Recreation C. It was recommended to approve the Check Registers dated September 1, 2011 and September 8, 2011 D. It was recommended to approve a Resolution accepting donation of funds to purchase a hybrid vehicle from Gopher Resource for Fire Department E. APPROVE a Resolution to accept a donation of $2,828.00 on behalf of the Eagan Police Department from Gopher Resource, LLC and authorize the necessary budget adjustments F. APPROVE Resolution accepting donation from Ansari's Mediterranean Grill for $1,000 and APPROVE the related General Fund Budget adjustment increasing donation /grant revenue and Fire Department capital expenditures in the same amount G. RATIFY the RFP Process for Audit Services H. AWARD bid for City of Eagan Conduit/Fiber Installation and Direct the City Attorney's Office to prepare the necessary Contract 1. APPROVE E -TV Lease Renewal with Thomson Reuters J. APPROVE 2012 -2016 CIP Part II Vehicles and Equipment and 2012 Budget and AUTHORIZE 2011 purchase of winter /snow trail clearing equipment K. Pulled for separate action City Council Meeting Minutes September 20, 2011 2 page L. RECEIVE Final Assessment Report and Approve Final Assessment Roll, Project 1012 (Duckwood Dr. Extension and Station Trail — Street & Utility Improvements) M. APPROVE Final Payment for Contract 11 -02, Citywide Street Improvements N. APPROVE Final Payment for Contract 09 -20, Fire Safety Center Site & Utility Improvements O. APPROVE Final Payment, Contract 11 -12 Traffic Signal Painting P. RECEIVE Final Assessment Report for Project No. 1032 (Trotters Ridge/ Stafford Place — Street Overlay) and Schedule Public Hearing (October 18, 2011) Q. RECEIVE Final Assessment Report for Project No. 1037 (Woodlands/ Sunrise Hills — Street Overlay) and Schedule Public Hearing (October 18, 2011) R. RECEIVE Final Assessment Report for Project No. 1041 (Hills of Stonebridge 1st— Street Overlay) and Schedule Public Hearing (October 18, 2011) S. RECEIVE Final Assessment Report for Project No. 1042 (Bridle Ridge 1st — Street Overlay) and Schedule Public Hearing (October 18, 2011) T. RECEIVE Feasibility Report for Project 1035 (Denmark Avenue/ Promenade Place Intersection Improvements) and Schedule Public Hearing (October 18, 2011) U. APPROVE 2011 -2012 Airport Relations Commission Work Plan V. APPOINT Representatives and Alternates to the Robert Street Transitway Steering Committee and Technical Advisory Committee W. APPROVE Change Order #1, to Contract 11 -03, Deerwood Reservoir (Repainting) X. APPROVE Change Order #3, to Contract 10 -10, South Water Treatment Facility (Upgrade) Y. MODIFY Winter Trail Maintenance Plan (2011 -2012) Item K., adopt Findings of Fact for denial for modification to the Stonehaven Open Space Plan, was pulled for separate action. City Administrator Hedges stated the developer has requested a continuance of the item. The City Council discussed the open space plan and whether to grant the continuance. Bakken moved, Tilley seconded a motion to adopt the Finding of Fact, Conclusions and Resolution for denial of a revised open space plan for Stonehaven to allow construction of a picnic pavilion in the southeast portion of the development site. Aye: 3 Nay: 2 PUBLIC HEARINGS VACATION OF DRAINAGE & UTILITY EASEMENT LOT 21, BLOCK 3 OAKBROOKE 5 TH ADDITION City Administrator Hedges introduced the item regarding a vacation of public drainage and utility easement on Lot 21, Block 3 in the Oakbrooke 5` Addition. Public Works Director Colbert gave an overview and background on the item. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage and utility easement on Lot 21, Block 3, Oakbrooke 5` Addition. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE' There were no items for discussion. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed creating a tenth category for technical /specialty services for the City of Eagan to include a specialty category for strategic planning, assessments and standards for telecommunications, cabling infrastructure, data centers and unified communications technology and requested authorized to retain Elert & Associates Networking Division, Inc for Contract 11 -14, City wide Fiber and Cable installation. 2 City Council Meeting Minutes September 20, 2011 3 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Elert and Associates Networking Division, Inc. for technical/specialty services for the construction and contract management of fiber and conduit installation under Contract 11 -14. Aye: 5 Nay: 0 CITY COUNCIL COMMENTS Mayor Maguire gave an update on discussions with School District 196 regarding the snow clearing of trails and walking paths. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at7:26 p.m. Aye:5 Nay:0 Date Mayor Clerk Agenda Information Memo October 4, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Health Insurance Coverage ACTION TO BE CONSIDERED: To approve Blue Cross Blue Shield (BCBS) as the City's health insurance provider for calendar year 2012. FACTS: • The City was required by State Statute to go out through an RFP process for 2012 health insurance coverage, since it has been five years since it was last done. • The City is fortunate in that we hit a time period in which local providers have built up large reserves and are spending them down, at least in part, by aggressively attempting to buy business. • Very aggressive bids from both Medica and HealthPartners resulted in BCBS revising its proposal and becoming the lowest cost option for 2012. • BCBS also provided rate caps for the years 2013 — 2015 that make its overall proposal more attractive than the others as well. • The City's Health Insurance /Benefit Committee has been involved in the process and having started with a desire to maintain the status quo as much as possible and to take advantage of the competitive bids, reached consensus to recommend this action to the City Council. • The BCBS proposal being presented for City Council approval includes a15% reduction in premiums from 2011 for 2012 and rate caps of 8 %, 9% and 10% for 2013, 2014, and 2015, respectively. • The percentages are applied to the total premium and individual monthly premium changes for any of the four types of coverages are not necessarily equal to the change in the total premium. The rates are all determined by the provider. • If one assumes the worst case scenario (increases at the rate caps), the total 2014 BCBS premium will only be about $2,300 higher than the estimated 2011 BCBS premium. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Community Devon Daly Center Guest Services Representative Jerri Neddermeyer Parks & Rec Art House Instructor Mitchell Chrastil Civic Arena Building Attendant Thomas Clawson Civic Arena Building Attendant 2 h Agenda Information Memo October 4, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 15, 2011 and September 22, 2011 as presented. ATTACHMENTS: • Check registers dated September 15, 2011 and September 22, 2011 are enclosed without page number. ID Agenda Information Memo October 4, 2011, Eagan City Council Meeting D. SET PUBLIC HEARING DATE FOR NOVEMBER 1, 2011 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 1, 2011 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has 20 delinquent accounts in the amount of $3,630.00. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Agenda Information Memo October 4, 2011, Eagan City Council Meeting E. SET PUBLIC HEARING DATE FOR NOVEMBER 1, 2011 TO CERTIFY DELINQUENT NOXIOUS WEEDS, MOWING, REFUSE REMOVAL, AND BOARD -UP BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 1, 2011 to consider the final assessment of the delinquent noxious weeds, mowing, refuse removal, and board -up bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent noxious weeds, mowing, refuse removal, and board -up balances for certification to property tax statements for collection. ➢ The City currently has 36 delinquent invoices in the amount of $11,147.40. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): )a Agenda Information Memo October 4, 2011, Eagan City Council Meeting F. APPROVE COMMERCIAL/MULTIPLE DWELLING HAULER LICENSE FOR ASPEN WASTE SYSTEMS, INC. ACTION TO BE CONSIDERED: To approve a Commercial /Multiple Dwelling Hauler License for Aspen Waste Systems, Inc., 2951 Weeks Avenue SE, Minneapolis, MN. FACTS: ➢ Robert Kircher, owner of Aspen Waste Systems, Inc., has applied for a Commercial/Multiple Dwelling Hauler License for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) rf Consent Agenda Information Memo October 4, 2011 Eagan City Council Meeting G. OCTOBER 2011, NATIONAL COMMUNITY PLANNING MONTH ACTION TO BE CONSIDERED: Proclaim October 2011, as Community Planning Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: ➢ Planning is intended to be comprehensive and community- focused, and enables greater choices for residents. The achievements of planning are celebrated every October with National Community Planning Month. This year's theme is New Ideas for America's Future. ➢ The American Planning Association (APA) is a membership and education organization that represents over 40,000 members nationwide. Membership includes professionals, business leaders, elected officials, citizens, students and educators. ➢ The APA advocates for good planning practices in communities, legislatures and courts and encourages engaging the entire community in planning decisions. ATTACHMENTS: (2) Poster, on page Resolution, on page J402- NEW IDEAS FOR AMERICA'S FUTURE American Planning Association's National Community Planning Month Share the importance of good planning with your neighbors this October. Ideas at: www.planning.org /ncpm 15 COMMUNITY PLANNING MONTH PROCLAMATION WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, The American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Eagan; and WHEREAS, We recognize the many valuable contributions made by professional community and regional planners of the City of Eagan and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2011 is hereby designated as Community Planning Month in the City of Eagan in conjunction with the celebration of National Community Planning Month. Adopted this 4th Day of October, 2011. Mayor Mike Maguire Christina Scipioni City Clerk (SEAL) /�a Agenda Information Memo October 4, 2011, Eagan City Council Meeting H. FINAL PLANNED DEVELOPMENT AND FINAL PLAT (STONEHAVEN 3 RD ADDITION) - LENNAR CORP. ACTION TO BE CONSIDERED: To approve a Final Planned Development (Stonehaven 3` Addition) for 12 single- family homes located in the southwest corner of the Stonehaven development, west of Wescott Woodlands and south of Duckwood Drive. To approve a Final Subdivision (Stonehaven 2 nd Addition) for 12 single - family lots, replatting Outlot D of Stonehaven 1 st Addition, located west of Wescott Woodlands and south of Duckwood Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Planned Development and Preliminary Subdivision for the Stonehaven development were approved by the City on March 16, 2010. ➢ Stonehaven l st and 2 nd Additions received Final PD and Final Subdivision approvals on June 15, 2010, and June 21, 2011 respectively. ➢ The proposed Stonehaven 3` Addition consists of 12 single- family 85' lots in the southwest corner of the development site and is consistent with the preliminary Stonehaven approval in March 2010. ➢ Public open space and public trail established with the first two phases are continued with Stonehaven 3rd Addition, following the Open Space and Trail Phasing Plan previously submitted by the developer. ➢ The open space will be owned and maintained by the Homeowners' Association. The City will maintain the trail and land within 6' on either side of the trail. A Conservation Easement and Trail License Agreement have been prepared by the City Attorney for the open space and public trail. ➢ The Open Space Management Plan submitted with prior phases is made part of the Stonehaven 3` Addition Development Agreement and the Final Planned Development Agreement. ➢ All documents are anticipated to be in order for execution at the City Council meeting on October 4, 2011. ISSUES: None ATTACHMENTS: �2) Location Map, pa e Final Plat, page f �7 l9 ry R 8 S v ON I �' of - � 3 ' 62 .6 o .-wK GONE - - C 21" 41-w pe / Won �z ub, Q _< - most EsJ Lij Eg Mill o J I N Wnlnb - -- Y a` ° °, ro'�.� oS _ ..If, 9f.Ot p tin N�° Oj - - as 1 Dam I T \/ F 0 tD ° c 3 �----- __------ o �� 096 v I - 3, LS 02 �ZN -------- 184.39 NOB 01 30 W z L LI � L. / _ sY - z - _ _ °€ m Q v o _ ¢ c c o � - z a c r ¢ w W Y 0 w o a w a i > w - 1 oil V l9 Agenda Information Memo October 4, 2011 Eagan City Council Meeting I._ PROJECT 1016R, AMES CROSSING ROAD EASEMENT ACQUISITION & ASSESSMENT AGREEMENTS ACTION TO BE CONSIDERED: Approve: 1) an Easement Acquisition and Special Assessment Agreement for parcel 10- 00100 -02 -010 (Cole Enterprises, Inc.) and, 2) a Special Assessment Deferment Agreement for parcel 10- 00100 -03 -010 (Richard F. and Ruth Cole) for Project 1016 R (Ames Crossing Road — Street & Utility Improvements), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 2, 2010, the City Council approved City Project 1016 R (Ames Crossing Road Street & Utility Improvements) and authorized the preparation of detailed plans and specifications, and the acquisition of easements through quick -take eminent domain process, if necessary. The project includes street and utility improvements to connect the north and south portions of Ames Crossing Road providing a continuous street connection between Lone Oak Rd. and O'Neill Dr. to serve the development and the surrounding area in northeast Eagan. • The construction of the Ames Crossing Road improvements requires the acquisition of permanent and temporary easements from the Cole Enterprises property (parcel 10- 00100 -02 -010). An appraisal was obtained and the representatives have accepted the City's offer of $485,000 for the value of the permanent and temporary easements. A subsequent agreement between the City of Eagan and the property owners has been prepared providing for the compensation cost for the easements to be applied as a credit reduction to the pending special assessments against this property under Project 1016R, scheduled to be levied in 2012. This agreement also provides for lateral storm sewer and street assessments associated with Project 1016R to be levied against the property in 2012, and the lateral water main, lateral sanitary sewer and trunk storm sewer to be deferred and paid as a connection charge with future development or connection. • A companion agreement between the City of Eagan and Richard and Ruth Cole, owners of their homesteaded parcel 10- 00100 -03 -010 (6351 Argenta Trail West) provides for the deferment the pending trunk water main and storm sewer special assessments for the property under Project 1016R to be paid as connection charges with future development. • Engineering staff and the City Attorney's office have reviewed the agreements and found them to be in order for favorable Council action. I, Agenda Information Memo October 4, 2011 Eagan City Council Meeting J. CONTRACT 09 -18, DUCKWOOD DRIVE OVERPASS BRIDGE & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 09 -18 (Duckwood Drive Overpass — Bridge & Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 09 -18 provides for the extension of Duckwood Drive, connecting Federal Drive with Pilot Knob Road, over I -35E as a new grade separated crossing (overpass). Contract 09 -18 also includes reconfiguration of the existing intersection of Pilot Knob Road and Duckwood Drive, including the traffic signal, modification to the right -turn lane for the northbound I -35E ramp from Pilot Knob Road, and bituminous trails on both sides of Duckwood Drive. On April 5, 2011, the City Council awarded the bid for Contract 09 -18 for the bridge, street and associated improvements to Lunda Construction, Inc. Change Order No. 3 provides for the following items: o Replace one 6 -inch non - metallic conduit with six 1 1/4 -inch conduits. The plans indicated one large conduit for the City's fiber optic system rather than the requested six standard size conduits for maximum flexibility for future uses. The six individual conduits would provide greater flexibility for the City than a single larger conduit (ADD $3,024.00). o Extend fiber optic conduits across bridge approaches. The design for the conduits across the bridge inadvertently omitted the extension of the conduits through the bridge abutment to the first roadway hand holes on each side of the bridge. Part of this cost would be paid by Century Link/Qwest for their conduit (ADD $7,442.60). o Install drain tile at Federal Drive/Duckwood Drive intersection. Approximately 120 feet of drain tile below the curb and gutter is required due to the wet subgrade encountered on Federal Drive. The installation would enhance the long term street condition at this location (ADD $5,720.00). o Dewater for construction of Pond 3.1. Additional measures need to be taken to dewater (dry out the soil) in the area of the expanded Pond 3.1 to enable construction. Removal of the wet soils is needed to meet the design for Pond 3.1 (ADD $6,985.00). o Adjust existing sanitary sewer manholes. Two existing sanitary sewer manholes need to be adjusted due to conflicts with the grades associated with the new street design (ADD $1,773.75). o Relocate water main. A portion of newly installed water main is required to be lowered due to a conflict with the new sanitary sewer on Federal Drive. The proposed cost is for additional labor only as materials would be paid for at unit prices. (ADD $990.00). o Modify storm sewer at Auto Mall driveway. Revisions to the proposed driveway are needed to provide a more appropriate grade due to the widening of Duckwood Drive for the right turn lane improvements. The existing private storm sewer for the Auto Mall is impacted by the revised driveway grades. Additional storm sewer pipe and structure builds are required, as well as additional grading and remobilization of the sub - contractor to do this work (ADD $11,715.00). The change order provides for a total ADD of $37,650.35 (0.8% of original contract). The cost of the additional work will be the responsibility of the consultant ($3,390.00), Century Link/ Qwest ($1,063.23), and the City's Major Street Fund ($33,197.12). The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. 9/ Agenda Information Memo October 4, 2011 Eagan City Council Meeting K. PROJECT 1021, PARK KNOLL ADDITION STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1021 (Park Knoll Addition - Street Improvements) and schedule a public hearing to be held on November 1, 2011. FACTS: • Project 1021 provided for the street improvements of Park Knoll Drive within the Park Knoll Addition neighborhood east - central Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 11 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 26% less than the estimate contained in the feasibility report presented at the public hearing held on January 4, 2011 due to favorable bids received. Agenda Information Memo October 4, 2011 Eagan City Council Meeting L. PROJECT 1038, ENGSTROMS DEERWOOD ADDITION STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1038 (Engstroms Deerwood Addition - Street Improvements) and schedule a public hearing to be held on November 1, 2011. FACTS: • Project 1038 provided for the street improvements of numerous residential streets within the Engstroms Deerwood Addition neighborhood central Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 11 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on February 15, 2011 due to favorable bids received. GM Agenda Information Memo October 4, 2011 Eagan City Council Meeting M. PROJECT 1040, FAIRWAY HILLS ADDITION STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1040 (Fairway Hills Addition - Street Improvements) and schedule a public hearing to be held on November 1, 2011. FACTS: • Project 1040 provided for the street improvements of numerous residential streets within the Fairway Hills Addition neighborhood south - central Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 11 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 26% less than the estimate contained in the feasibility report presented at the public hearing held on January 4, 2011 due to favorable bids received. 51A Agenda Information Memo October 4, 2011 Eagan City Council Meeting N. PROJECT 1043, BLACKHAWK POND ADDN/ MURPHY PARKWAY STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1043 ( Blackhawk Pond Addition/ Murphy Parkway - Street Improvements) and schedule a public hearing to be held on November 1, 2011. FACTS: • Project 1043 provided for the street improvements of Murphy Parkway and Hawk Place within the Blackhawk Pond/ Murphy Farm neighborhood in central Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 11 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 7% less than the estimate contained in the feasibility report presented at the public hearing held on February 1, 2011 due to favorable bids received. as Agenda Information Memo October 4, 2011 Eagan City Council Meeting O. PROJECT 1049, WILDERNESS RUN ROAD STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1049 (Wilderness Run Road - Street Improvements) and schedule a public hearing to be held on November 1, 2011. FACTS: • Project 1049 provided for the street improvements of Wilderness Run Road (Capricorn Court to Dodd Road) east - central Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 11 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 21% less than the estimate contained in the feasibility report presented at the public hearing held on December 21, 2010 due to favorable bids received. Kip Agenda Information Memo October 4, 2011 Eagan City Council Meeting CONSENT AGENDA P. SET PUBLIC HEARING DATE FOR OCTOBER 4, 2011 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for October 4, 2011 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi - annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments _�'-7 Agenda Memo October 4, 2011 City Council Q. APPROVE a Letter of Understanding with EHA and the City of Eagan for the West Civic Arena dry land training space. ACTION TO BE CONSIDERED: To approve a Letter of Understanding with Eagan Hockey Association and the City of Eagan for the construction repayment and use of the West Civic Arena dry land training space. FACTS: • During the latter part of 2009 and early 2010 Eagan Hockey Association (EHA) approached the City of Eagan seeking dedicated space for additional dry land training opportunities. The request coincided with the loss of the Total Hockey facility that had previously met those needs. • The geothermal project and replacement of the west arena floor provided a potential opportunity for a training space to be constructed in the newly created open space as a result of the reduction of the west arena ice surface. • On June 16, 2010 EHA expressed an interest in being a financial partner to build out this space for a training center. • Following preliminary architectural estimates and subsequent bids, the EHA Board took action on September 20 to formalize their interest in funding this project and the City Council took action on September 21 to award the bids for this project to be completed based on the financial commitment by EHA. • The project was completed and the training space has been successfully used since January 2011. • The financial obligation of the EHA to the City of Eagan to cover the construction of this training space is $35,000 a year for a period of 14.3 years. • Given that the EHA is an all volunteer organization it was felt that it would be beneficial to have a document that outlined the history of how this project was initiated and approved for the benefit of future volunteers. • It was also felt that the scheduled use of the space, donations of equipment or supplies along with other ancillary use of the Civic Arena space should be memorialized in order to have a clear understanding in 2011 and future years by both parties. • The draft Letter of Understanding has been reviewed and tentatively approved by the EHA president and several board members but will be officially presented for full Board approval on October 3. • The draft Letter of Understanding has also been reviewed by Director of Administrative Services to ensure the financial information is correct. Attachments: Draft Letter of Agreement between Eagan Hockey Association and City of Eagan on page to3' EN LETTER OF UNDERSTANDING CITY OF EAGAN AND EAGAN HOCKEY ASSOCIATION DRY LAND TRAINING ADDITION TO EAGAN CIVIC ARENA Draft 9-23-11 INTENT This Letter of Understanding entered into between the City of Eagan (City) and Eagan Hockey Association (EHA) represents the intent and understanding of an agreement in which the EHA requested that additional dry land training space be constructed within the Eagan Civic Arena (attached as Exhibit A). Construction costs for the expansion were funded by the City of Eagan by Council action on September 21, 2010 (attached as Exhibit B) and EHA committed to the re- payment of the project by Board action on September 20, 2010 (attached as Exhibit Q. This agreement defines the training space as a donation to the City by EHA and as such is done with no strings attached. BACKGROUND: During the latter part of 2009 and early 2010 EHA approached the City of Eagan seeking dedicated space for dry land training opportunities; i.e. stick and puck handing as well as weight training. In December 2009 the association learned of the loss of the Total Hockey facility through bankruptcy and needed to find additional spaces for this key training. EHA representatives asked if the City would consider adding space onto the Civic Arena to accommodate this need, however, the City did not have plans or the resources to add additional space to the existing buildings. As the geothermal and west arena re- construction project progressed it became apparent that there might be space to accommodate a 2 -story training space in the area created by downsizing the west ice sheet. EHA, working in conjunction with the Eagan High School Boys Hockey coach, contacted an architect to do a concept design and discovered the newly available space could work. After a preliminary discussion with the City Council at their May 4, 2010 listening session, City staff was directed to work with the EHA to better understand their needs in order to quantify the costs of the project and to determine EHA's financial partnership interest. Any modifications to the building were to be made with the intention that it would meet the overall operational needs of the Civic Arena while providing the training space sought by the EHA and that the space would also be available for community use. Following a letter from EHA on June 16, 2010 (Exhibit A) expressing their interest in being the financial partner for this project the City requested quotes and hired an architect to draw preliminary plans in order to develop a cost estimate. Preliminary architectural estimates came in near $500,000. As EHA continued to express interest in the training space, the City Council authorized the preparation of formal specifications in order to solicit bids for the project. The retail estimate of the project, based on the final architectural drawings, was near $600,000, however the positive bidding climate brought the cost estimates in substantially under what was expected. After Council action (Exhibit B) and EHA Board action (Exhibit C) on September 20 and 21, 2010 the project bids were awarded and the project was begun. The training space was available for use in January 2011 with a total project construction cost of $388,428.14 AM FINANCIAL AGREEMENT Construction cost: $388,428.14 Annual payment: $35,000 /year Payment due: September 1 of each year beginning September 1, 2011 Length of debt: 14.3 years The debt may be paid down earlier if the EHA or other partner organizations wish to make additional payments or donations. Those payments will need to be identified and presented to the City Council for acceptance and approval to change the debt amount. USE OF SPACE In consideration of the generous donation to the community by the EHA, the City will grant first reservation opportunity to EHA and /or any of their partner organizations, as defined by EHA each year, for the following spaces: • Upper level training space • Lower level training space • Weight Room space Reservation process EHA shall have the opportunity for priority reservations for all of the above spaces each year between September 1 -15. • Priority reservations are for prime time rental space defined as September- March; Mon -Fri 5 -9 pm and Sat -Sun 8 am -9 pm. • Dry land training reservation requests shall be received by the Civic Arena Manger no later than September 15 each year. • Dry land training reservation hours will be commensurate with ice hours reserved by EHA each year. • EHA shall identify each partner organization and the times that organization is scheduled to use the dry land training space(s). • Partner organizations and times should be included in the original reservation schedule but if that isn't possible, prior day notification by EHA to the Civic Arena Manager will be accepted. Prior notification is required so that Civic Arena staff is aware of all renters in the building. • As reservations evolve this process may be reviewed and amended. • Changes to the process shall be approved by the City and EHA. In August of each year, Civic Arena staff will provide a breakdown of the actual hours scheduled by EHA and /or their partner organizations during September - March, which are to be covered by the $35,000 annual payment. The breakdown will use the current hourly rate for each space so that there is an accurate accounting of the space actually being used and to allow for modifications prior to the September reservation deadline. Reservations for EHA and /or partner organizations that exceed the annual allocation will be evaluated and modified as necessary for the subsequent year. lu Mezzanine In consideration of the long standing partnership the City will allow eight (8) free rental dates for the mezzanine for EHA and/or partner organizations. The rental dates will need to be scheduled through Civic Arena staff on a space available basis. DONATIONS OF EQUIPMENT, SERVICE OR SUPPLIES All anticipated donations must to be submitted to the City Council in writing for consideration and /or acceptance. The City reserves the right to accept or decline any donation based on the overall operation of the Civic Arena and the implications of future care and /or replacement of each donation. Once donations are made and accepted by the City, the equipment or enhancement becomes permanent property of the City of Eagan and may be moved or replaced as deemed appropriate. The City and EHA will work cooperatively to ensure that all donations meet the intent of the donation and that if there are to be any changes to the use, care, or replacement of a donated item that both parties are aware of the need for the change. FUND RAISING OPPORTUNITIES The EHA shall have the opportunity to host one (1) large fund raising event each year wherein the building or portions of the building can be used without fee to promote skating and raise funds for the EHA and/or partner organizations. EHA shall coordinate the date for such events through the Civic Arena Manager. Concession sales shall be excluded from this fundraising event and will be operated by Civic Arena staff. EHA shall also be allowed to host fund raising activities during three (3) tournaments each year. Those activities may include a wide range of opportunities but shall exclude concession sales. Fund raising activities should be reviewed with the Civic Arena Manager prior to the event to ensure that activities within the event meet City Code and that any appropriate permits are in place for a successful event. STORAGE The City will continue to provide space within the Eagan Civic Arena in which EHA hockey clothing, equipment or supplies can be kept in a secured area. City of Eagan Mike Maguire, Mayor Approved by Council Action: Eagan Hockey Association Thomas Manzella, President Approved by Board Action: :JI June 16, 2010 Juli Sydell Johnson Cherryl L Mesko Eagan City Hall 3830 Pilot Knob Road Eagan Mn, 55122 Dear Juli, and Cherryl, On behalf of the Eagan Hockey Association, and the Booster Clubs of the Boys and Girls Eagan High School Hockey teams, I want to thank you and your staff for taking the time in reviewing and listening to our ideas about the Dry land enhancement for the West rink of the Eagan Civic Arena. We value our relationship with the city and feel very fortunate to have such a fine facility to call home. As you know this subject has been talked about much in the past and unfortunately has not progressed to a point where we had a chance to get this accomplished. We are very pleased and excited with the recent developments that we feel will make the Dry Land enhancement of the West rink a definite possibility. We have worked closely with Mark Vaughan, Mike Taylor, head hockey coach for the boys Eagan High School team and Scott Darwitz Head Coach for the Girls High School team to come up with drawings that will provide enough square footage for our programs to be able to keep our programs in the Facility for our Dry land activities. The city would also be able to use the extra facilities to rent or lease to other programs or affiliations. Our financial proposal would be similar to arrangements that we have had in the past with very successful projects like the East arena. We hope to partner together to help to continue growing the Eagan Civic Arena a multipurpose facility in which the whole community can benefit from. . There are details to work out and would like to schedule a meeting with you, Juli Sydell Johnson, Mark Vaughan, Mike Taylor, Scott Darwitz and myself for as soon as possible. Thank you again Juli, Cherryl, and Mark for your time and we look forward to our next meeting. Sincerely, Thomas Manzella Mike Taylor Thomas Manzella President Eagan Hockey association Mike Taylor Boys Head Hockey Coach Eagan High School 3a Consent Agenda September 21, 2049 City Council Meeting S. AWARD bid for the Civic Arena West Training Space Construction to Morcon Construction, Inc. in the amount of $343,969. ACTION TO BE CONSIDERED: To award the bid for the build out of the Civic West Arena West Training Space to Morcon Construction, Inc., pending final review by the architect, and authorize the Mayor and City Clerk to execute the appropriate documents. FACTS: • Staff was directed to investigate opportunities to make enhancements to the space made available after the replacement of the Civic West Arena floor, based on partnership interest expressed by the Eagan Hockey Association. • In order to determine the cost associated with a potential training space preliminary architectural estimates came in near the $500,000 range with the understanding that these costs might be improved with actual bids. • Formal plans and specifications were completed, and bids were solicited and opened on September 14. • At the bid opening there were 17 formal bids submitted ranging from $343,969 to $471,020 with completion dates from 8 -13 weeks. • The preliminary retail estimates based on the final architectural drawings were in the $600,000 range. • The bids offered 3 alternates: • Alternates 1 and 2 were additions to complete the painting of the underside of the precast structure that would be viewable to the public. Staff wanted the option to do this in house if the cost was too high. The total cost for these two additions was $3,400. • Alternate 3 was a deduction if the decision was made to use existing lighting and move it to various other locations within the newly enclosed space in the amount of ($2,271). The architect felt that for the little amount of this deduction it would be more beneficial to keep the old lights for replacement in other areas of the buildings and to have consistent energy saving lighting in the new space. COSTS • A breakdown of the construction includes: • General Construction bid package: $340,569 Z�S. /t • Alternate 1 (painting precast) 600 • Alternate 2 (painting underside of precast) 2,80 p00 � • Architectural fees and construction management: 30,000 5�j 4z� / $373,969 ra FUNDING • In general, the City will advance the necessary construction funds from the Community Investment Fund (CIF) to the Civic Arena Fund. The annual payment stream from the Eagan Hockey Association (EHA) will repay the CIF advance. • The EHA will receive a certain amount of hours of use per year at no cost as a result of its funding of the project. • Staff is working with the Eagan Hockey Association to finalize the financial partnership they are interested in pursuing. The Hockey Association remains a very strong supporter of the Eagan Civic Arena and is very anxious to have this training space up and operational this year. • The City has engaged in successful financial partnerships with the EHA in the past including the construction of the East Arena. ATTACHMENTS: • Bid tabulation St September 21, 2010 Cherryl L Mesko Superintendent of Operations Eagan City Hall 3830 Pilot Knob Road Eagan Mn, 55122 Dear Cherryl, On behalf of the Eagan Hockey Association, I want to thank you and your staff for taking the time in reviewing and listening to our ideas about the dry land addition to the Civic Arena. We do value our relationship with the city and feel very fortunate to have such a fine facility to call home. Given the situation with the west rink being reduced to a smaller sheet of ice we feel it is a good time to enhance the arena. I am very pleased and excited to propose that the Eagan Hockey Association would partner with the City and gift the dry land area to the City. Eagan Hockey's Board of Directors has approved a package where EHA will donate $35,000 a year for 14 years or until the proposed debt of approximately $450,000 is covered. EHA will attempt to pay this down sooner if the economy or our gambling proceeds recover to past levels. The remaining funds needed to complete the dry land facility will also be gifted to the city from the Eagan Hockey Association and the Boys High School Program. With these generous gifts from the youth hockey program and the High School, we would expect priority scheduling of the dry land facility and a ratio of hours in line with number of ice hours that we commit to for the year. This would include all of our tournaments and activities throughout the season. Thank you again Juli, Cherryl and Mark for your time and I look forward to our next meeting. Sincerely, Thorhas ella President and CEO Eagan Hockey Association Eagan Hockey Association PO BUN 21214 • Eegao, MN 55121 -0481 Agenda Memo October 4, 2011 City Council R. APPROVE an agreement with BCBS to participate in the do.campaign ACTION TO BE CONSIDERED: To approve an agreement with Blue Cross Blue Shield of Minnesota that allows the City of Eagan Parks and Recreation Department to have access to and permission to use the advertising collateral of the do.campaign developed by BCBS. FACTS: • BCBS of Minnesota launched a very successful do.campaign several years ago in an effort to get people active and moving. • The initiative was developed from funds received from the tobacco settlement and Minnesota in one of a small handful of states that used the funds in a way to help promote a healthier lifestyle for its residents. • The original target audience for the do.campaign was adults ages 35 -64 who were not moderately active 30 minutes, 5 times a week. • After 5 years the do.brand has become synonymous with physical activity. The percentage of people who recognize the brand is increasing and statistics show that the advertising has caused a growing number of people to think about being more active. • A little more than a year ago, BCBS invited a few Parks and Recreation communities to participate in the use of the licensed do.campaign collateral. Three Rivers Park District, Ramsey County and Anoka County are a few of the communities who have incorporated the do.campaign collateral into the information to their residents. • BCBS of Minnesota is specific that this is a health improvement campaign and not a health plan marketing campaign. It is a purposeful approach to improving the health of Minnesotans through various activities; which is why Parks and Recreation agencies were selected to participate in the campaign. • Current partners in the campaign have indicated a high level of recognition by their residents and felt it has been a successful partnership. • BCBS has again offered a limited number of Parks and Recreation agencies the opportunity to participate and the City of Eagan has been preliminarily accepted pending approval of this agreement. • The agreement will provide the use of available do.campaign collateral that can be used in flyers, brochures, web or other promotions of the Department that will encourage people to get active and moving. • Parks and Recreation staff will develop a plan to incorporate the do.campaign collateral into appropriate events and activities that meet the parallel goals of the campaign and the City. Attachments: do. license agreement on pages to , 7 l0 do. License Agreement This License Agreement ( "Agreement ") sets forth the terms and conditions under which LICENSEE (as identified in the signature block, below) is authorized to use the Brand (as defined below) on approved products and materials. do. (the "Brand ") is a registered service mark of Invitation Health & Wellness, Inc., and used under license by BCBSM, Inc., dba Blue Cross and Blue Shield of Minnesota ( "LICENSOR "). LICENSOR makes the Brand available to LICENSEE for the limited purpose of promoting increased physical activity within the State of Minnesota. LICENSEE desires to license the Brand, subject to the terms and conditions set forth herein. The parties agree as follows: 1. License. For full and valuable consideration, the sufficiency of which is hereby acknowledged, LICENSOR grants to LICENSEE a non - exclusive, non - sublicensable, non - transferable, fully -paid, royalty -free license, to use the Brand for non - commercial purposes to promote physical activity within the State of Minnesota, subject to the terms and conditions of this Agreement. 2. LICENSOR shall determine, in its sole and absolute discretion, all criteria for Brand utilization, including, but not limited to, what messages or utilizations may be permitted to be associated with the Brand. 3. Licensee shall not alter images of the Brand in any way, except that LICENSEE may enlarge or reduce size of materials. 4. Prior to distributing any materials bearing the Brand, LICENSEE shall submit proposed materials to LICENSOR for approval. If LICENSOR rejects any prototype or sample submitted by LICENSOR, LICENSEE may revise such prototypes or samples to conform to LICENSOR'S directions and specifications and re- submit for further consideration. 5. In the event that LICENSOR determines, in its sole and absolute discretion, that any previously- approved Brand utilization(s) cease to conform with its utilization criteria (which may change from time to time), LICENSOR will provide written notice thereof to LICENSEE and LICENSEE will have fifteen (15) days to cure such non - conformity. LICENSEE'S failure to cure shall result in immediate termination of this Agreement. 6. LICENSEE shall comply with all applicable laws and regulations, and obtain all required government and /or other approvals, if any, pertaining to its utilization of the Brand. 7. LICENSEE shall not undertake or sponsor any promotional activity that could give the appearance of an endorsement by LICENSOR of a specific product, service, company, person or entity. Use of the Brand or LICENSOR'S name on materials, product, programs, service or any other use without LICENSOR'S express prior approval is prohibited. 8. Use of the Brand by other than an authorized LICENSEE, or for any use other than a use expressly authorized by LICENSOR, is strictly prohibited. 8/11 /2011 Page 1 of 5 S-7 9. Term and Termination. a. This Agreement is effective as of the date of last signature below ( "Effective Date "), and will continue in force and effect until terminated as set forth in this Agreement, or until [DATE TBD, not to exceed 3 years], whichever occurs earlier, provided that this Agreement will continue to remain in effect with respect to any utilization(s) of the Brand by LICENSEE then in use as of the date of termination, until such time as such utilization(s) is (are) terminated, but in no case more than three years following the Expiration Date. b. Either party may terminate this Agreement and /or any utilization(s) for convenience on not less than thirty (30) days' prior written notice to the other party; provided, however, that the terms and conditions of this Agreement will remain in effect with respect to any utilization(s) of the Brand by LICENSEE then in use as of the date of termination, until such time as such utilization(s) is (are) terminated, but in no case more than one year following the Expiration Date. c. Upon termination of this Agreement, all rights and privileges granted to LICENSEE hereunder will automatically terminate, without the need for further action on the part of LICENSOR, and LICENSEE shall promptly discontinue all use of the Brand. Following termination, and except in event of termination due to an uncured breach by LICENSEE, LICENSEE may continue to use the Brand subject to the terms and conditions of this Agreement until the earlier of one year from the date of termination or until LICENSEE'S then - existing inventory of materials on which the Brand is used is depleted. d. Upon termination of this Agreement, LICENSEE shall deliver to LICENSOR within ten (10) days of the date of termination all property and assets of LICENSOR, including, but not limited to, Brand - related artwork, logos and /or electronic files, along with LICENSEE'S written certification of return of the foregoing. If return is not feasible, LICENSEE shall destroy all of the foregoing, and certify destruction of the same to LICENSEE, along with an explanation of why return is not feasible. 10. LICENSEE acknowledges and agrees that monetary damages will not fully compensate LICENSOR in the event of a breach of the terms and conditions of this Agreement, and that, upon any such breach or threatened breach, LICENSOR will be entitled as a matter of right to specific performance, injunctive relief and /or other equitable relief, with no requirement of bond, in addition to all other remedies at law. 11. Governing Law. The formation, interpretation and performance of this Agreement and any disputes arising out of it will be governed by the substantive and procedural laws of the State of Minnesota and, to the extent applicable, the laws of the United States of America. This Agreement is deemed to be executed in Minnesota and the parties hereby consent to the jurisdiction of the State and Federal Courts located in Minnesota for such disputes. All litigation arising out of this Agreement must be brought in Courts located in Hennepin County, Minnesota. 12. Assignment. Except as is specifically provided below, this Agreement and /or a party's rights or obligations hereunder may not be assigned, directly or indirectly, by operation of law or otherwise, by either party without the prior written consent of the other party; 8/11/2011 Page 2 of 5 provided, however, that LICENSOR may in its sole discretion and without obtaining prior written consent from LICENSEE, assign this Agreement and /or any or all of LICENSOR'S rights and obligations hereunder to any affiliate now existing or hereafter organized. Any attempted assignment in contravention of this Section shall be null and void. 13. No Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their respective successors and permitted assigns, and no other person or entity has any right, benefit, priority or interest under, or because of the existence of, this Agreement. 14. Entire Agreement. This Agreement represents the entire agreement between the parties concerning the Brand. The terms and conditions of this Agreement supersede any prior verbal or written communications or conflicting proposal material concerning the Brand to the extent that such terms are not specifically incorporated by reference into this Agreement. No amendments or modifications of or to this Agreement will be valid unless in writing signed by both parties. 15. No Waivers. No waivers of or to this Agreement will be valid unless in writing signed by both parties. No waiver of, or failure to exercise, any option, right or privilege under the terms of this Agreement by either of the parties hereto on any occasion or occasions will be construed to be a waiver of the same or similar option, right or privilege on any other occasion. 16. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not effect the other terms or provisions hereof or the whole of this Agreement, but such term or provision will be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth. 17. LICENSOR has the right, in its sole and absolute discretion, and without remuneration to LICENSEE or subject to any rights of approval, to make public or private reference (including, without limitation, reference in annual reports, press releases or media) to LICENSEE's utilization of the Brand. 18. This Agreement will not be construed in such a way as to constitute either party as an agent, employee, partner, joint venturer or legal representative of the other. 19. On an annual basis, or at such other interval(s) as LICENSOR may reasonably request, LICENSEE shall provide LICENSOR with a summary of LICENSEE's utilization(s) of the Brand, including an assessment by LICENSEE of the impact that use of the Brand may have had on LICENSEE's programming or objectives. 20. LICENSOR has the right, upon ten (10) days notice, to audit LICENSEE's utilization of the Brand and compliance with this Agreement, and LICENSEE shall provide reasonable cooperation with any such audit. 21. Cumulative Rights. All rights and remedies of LICENSOR and LICENSEE, respectively, under this Agreement are cumulative, and the exercise by a party hereto of any right or remedy herein provided are without prejudice to the right to exercise any other right or remedy of such party provided for herein or therein or at law or in equity, all of which are expressly reserved. 8 /11/2011 Page 3 of 5 :51 This License Agreement is executed by the parties' authorized representatives, effective as of the last date of signature below: LICENSEE: City of Eagan By: Name: Mike Maguire Title: Mayor, City of Eagan Date: BCBSM, INC.: By: Name: Marc Manley Title: V.P., Chief Prevention Officer Date: Address City of Eagan Attention: Mike Maguire 3830 Pilot Knob Rd. Eagan, MN 55122 Phone: 651 - 675 -5000 e -mail: mmaguire @cityofeagan.com 8/11/2011 Address: Blue Cross and Blue Shield of Minnesota Attention: Marc Manley, M.D. 1750 Yankee Doodle Road Eagan, MN 55121 Phone: 651 - 662 -6356 e -mail: Marc.Manley @bluecrossmn.com �D Page 4 of 5 Addendum Process for licensing and use of do graphic assets In the interest of providing a cohesive communications platform for promoting physical activity within the state of Minnesota, Blue Cross will allow limited use of do. branded graphic assets by select organizations. A fully executed licensing agreement is required in order to gain access to graphic assets. Licensee must submit each proposed use for review and approval, prior to production. The step -by -step process for use of assets follows. 1. Request licensing agreement by sending a request to do(a 2. Request access to asset library by sending a request to do(cD-bluecrossmn.com 3. Download assets as needed. Incorporate into promotional materials. 4. Submit promotional materials for review and approval by sending request to do @bluecrossmn.com. Allow up to two weeks for review and approval. 5. Upon receipt of approval, move forward with production and /or distribution. 8/11/2011 Z/ / Page 5 of 5 Agenda Memo October 4, 2011 City Council S. APPROVE the 2012 Parks and Recreation Capital Improvements Program ACTION TO BE CONSIDERED: To approve the 2012 Parks and Recreation Department CIP for park improvements. FACTS: • The Advisory Parks Commission (APrC) has prepared an updated CIP for the years 2012 — 2016. The CIP is consistent with the goals of the 20/20 Vision Plan and existing master plans. • The APrC met with the City Council on September 13 in a workshop session to review the proposed recommendations for 2012 park improvements. • At their meeting on September 19, 2010, the APrC took formal action to recommend specific approval of the 2012 CIP projects with years 2013 — 2016 considered as preliminary and subject to change. • The CIP is funded form the Park Site Fund (PSF) which derives revenues primarily from money paid by developers in lieu of a land dedication at the time of platting. • Use of the PSF is statutorily limited to capital improvements related specifically to the development or improvement of park sites and related amenities. It cannot be used for maintenance activities. • The levy for 2012 represents an allocation of funds designated to park improvements and is shown in the total revenue for 2012 but is not included as part of the 2012 projects. 2012 CIP Projects: 1. Ball Feld Lighting Upgrade at Goat Hill Park: Upgrade /replacement of the ball field lights on the "Big Goat" Est Cost= $113,000 base ball field. 2. Access Trail Development at Trapp Farm Park: Paving and extension of an existing trail corridor used by several Est Cost = 45,000 neighborhoods to access the park. Complete a connection to the existing City boulevard trail system. 3. Tennis Court Renovation at Northview Park: The surface of the 11 tennis courts used for recreational play, lessons and as Est Cost = 125,000 (TBD) the home courts for the EHS teams has deteriorated and begun to compromise the playability especially at a competitive level. District 196 has agreed to partner. 4. Playground Installation — Location TBD: Continuation of ongoing playground replacement program. 5. City Wide: Small Projects Funding for opportunities, necessities, grant and partnerships Attachments: L l 2012 capital improvement projects detail on page T� . Est Cost = 35,000 Est Cost = 30,000 Est 2012 Total = $348,000 H U W ti a z W W ° a a E� a d U a d z QI H W H a, W A z 0 H W U a A z 10 0 N N O N N ti O N W a. w� x a w U O . O N O N ,n 'o a 0 a U OJ x a Ga 0 a U rx 4 8 a\ 0 ° o 0 ° 0 0 0 0 0 0 N O O N 00 00 W H4 69 69 G 69 69 U II , z N + + .--I N vs W Cd N , Cd ~ V N N z bb C� c� 6 t� U A °WN A, W Cd A Q O -- k t N M M .. M WU O V� bl) y at A U kn -o Ln � O tCi Cd Cd P� C Ccl U +C4 Q Q N ti O N W a. w� x a w U O . O N O N ,n 'o a 0 a U OJ x a Ga 0 a U rx 4 8 a\ Consent Agenda Information Memo October 4, 2011 Eagan City Council Meeting CONSENT AGENDA: T. Approve a Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs. ACTION TO BE CONSIDERED: To approve a third amendment to Grant Contract 2010 -NGTF -00398 on behalf of the Dakota County Drug Task Force to receive additional funding from Minnesota Office of Justice Programs in the amount of $140,546.00. FACTS: • The Drug Task Force has received grant funds since its inception in 1988. • One municipality in Dakota County has always acted as the Dakota County Task Force fiscal agent. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for book keeping, budgeting and grant administration. • In January 2010, the Eagan City Council on behalf of the Dakota County Drug Task Force approved a grant contract with the State of Minnesota Office of Justice Programs. The initial grant, offered $260,000 for task force operations, helped fund the task force for 2010. Previous amendments increased the original grant $188,938. • The State of Minnesota Office of Justice Programs has elected to make another amendment to the 2010 grant for an additional $140,546.00. This award would increase the (2 -year) grant to $589,484.00 and would be used to fund drug task force operations for the second half of 2011. • If this grant amendment is approved by the council, the city will receive an additional $140,546.00 on behalf of the Dakota County Drug Task Force. • There are 3 copies of the Amendment to be signed by the Mayor in his signature file. ATTACHMENTS: 2010 grant amendment on pages to k� Grant Agreement Amendment Page 1 of 2 Minnesota Department of Public Safety ( "State ") Commissioner of Public Safety Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101 -2139 Grantee: City of Eagan 3830 Pilot Knob Road Eagan, 55122 -1897 Grant Matching Requirement: Original Agreement Amount $ Previous Amendment(s) Total $0 Current Amendment Amount $ Total Agreement Amount $ Grant Program: Narcotics and Gang Task Force 2010 Grant Agreement No.: 2010 -NGTF -00398 Grant Amendment No.: 3 Grant Agreement Term: Effective Date: January 1, 2010 Expiration Date: December 31, 2011 Grantee Agreement Amount: Original Agreement Amount $260,000.00 Previous Amendment(s) Total $188,938.00 Current Amendment Amount $140.546.00 Total Agreement Amount $589,484.00 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. Revision 1. Special Conditions, Item 2 "Time limitations on funding use" of the Original Grant Agreement and previous amendments are amended as follows: $155,000.00 is available from January 1, 2010 through June 30, 2011. $293,938.00 is available from July 1, 2010 through December 31, 2011. $140,546.00 is available from Julyl 2011 through D 31, 2011. Revision 2. Exhibit A of the Original Grant is replaced by Revised Exhibit A which is attached and incorporated into this Grant Agreement. Any references to Exhibit A now refer to Revised Exhibit A. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DPS Grant Agreement Amendment (09/08) y5— Grant Agreement Amendment Page 2 of 2 The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference. 1. ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Siat. §§ 16A.1 S and 16C.05. Signed: 3. STATE AGENCY By: (with delegated authority) Title: Date: Grant Agreement No. 2010- NGTF- 00398/ 3 -3767 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative Date: DPS Grant Agreement Amendment (09/08) Z-N n REVISED EXHIBIT A OF P(/B loe F OFFICE OF JUSTICE PROGRAMS 1] ,1 OF MINSO~p .. Grantee: City of Eagan - Grant Number: 2010 -NGTF -0 0398 Program: ALL PROGRAM COMPONENTS M " 9 Personnel 8 9M Contract Services 1 104 000.00 Office Expenses 4 42 400.00 Program Expenses 6 61 200.00 Other Expenses 2 226 600.00 Confidential Funds $ $72.784.00 •!s#J� # # IY' q Agenda Information Memo October 4, 2011, Eagan City Council Meeting U. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR SAINTS MARTHA AND MARY EPISCOPAL CHURCH OKTOBERFEST CELEBRATION ON OCTOBER 22, 2011. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Saints Martha and Mary Episcopal Church's Oktoberfest Celebration on October 22, 2011. FACTS: ➢ Saints Martha and Mary Episcopal Church has requested a temporary on -sale liquor license be issued to them for an Oktoberfest event planned for October 22, 2011. The event will be held inside the church building, located at 4180 Lexington Avenue. The event is a fundraiser and social gathering for the church. ➢ Saints Martha and Mary Episcopal Church has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): ➢ Letter enclosed on page Liq -1 - (The complete application is available from the Office of the City Clerk.) 4180 LEXINGTON AVENUE SOUTH EAGAN, MN 55123 651 -681 -0219 www.mandm.org September 1, 2011 Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear Councilmembers: We respectfully request that the Eagan City Council waive the $150.00 fee for a temporary liquor license for Ss. Martha and Mary Episcopal Church. We are applying for the temporary license so that we can serve beer and wine at our Oktoberfest celebration scheduled for Saturday, October 22, 2011. We will not be selling liquor at this event; we are making beer and wine available to adults attending this social gathering. Attached is our completed application for a temporary permit from the Minnesota Department of Public Safety. We agree to abide to all the requirements specified in the "City of Eagan Procedures" document furnished to us today by Christina Scipioni, City Clerk/Administrative Services Coordinator. Thank you for your consideration. Please contact us if you have any questions or need additional information. Mary Kay Bumblis Senior Warden L�� Consent Agenda Information Memo October 4, 2011 Eagan City Council Meeting CONSENT AGENDA: V. Approve the Terms and Conditions for Grantees along with the Grant Program Guidelines on behalf of the Dakota County Drug Task Force. ACTION TO BE CONSIDERED: To approve the Terms and Conditions for Grantees along with the Grant Program Guidelines as set forth by the Minnesota Office of Justice Programs. FACTS: • The Drug Task Force has received grant funds since its inception in 1988. • One municipality in Dakota County has always acted as the Dakota County Task Force fiscal agent. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for book keeping, budgeting and grant administration. • The Office of Justice Programs has established rules and assures compliance of the grants they process. They now require authorized signatures on both the Grant Program Guidelines and the Terms and Conditions for Grantees. • Because the City of Eagan is the fiscal agency for the Dakota County Drug Task Force, the forms are attached for signature of the Mayor. • The City Attorney has reviewed these documents. • There are 3 copies of the Terms and Conditions for Grantees and the Grant Program Guidelines to be signed. ATTACHMENTS: 2012 Grant Program Guidelines pages to S, and the 2012 Terms and Conditions for Grantees on pages to S-6 Office of Justice Programs (OJP) Narcotics and Violent Crime Task Force 2012 RFP Grant Program Guidelines The Office of Justice Programs will require each grantee to abide by the following requirements in addition to those contained in the Terms and Conditions: Financial Requirements: 1) The grantee's eligible expenditures under this grant contract must be incurred by the grantee by the expiration date of the grant agreement. The grantee will report on all expenditures, interest earned, and interest expended pertaining to this grant contract in E- GRANTS. Final expenditure report must be received no later than 30 days after the Expiration date of this grant contract. 2) The grantee shall submit a written budget revision request via E- GRANTS before any expenditure may be made based on the revised budget. Submission of a budget revision is necessary if a) a line item will deviate by $200 or 10 %, whichever is higher, from the approved budget, or b) a new line item that was not part of the approved budget will be created. 3) The grantee shall have until 30 days after the expiration date of the grant agreement to liquidate all unpaid obligations related to the program which were incurred on or before the last day of the grant period and to submit a report of all funds received and disbursed. If a report is not submitted within this time period, expenses claimed on the report may be disallowed and OJP may request a refund of those funds from the grantee if the funding was advanced to the grantee. 4) The grantee shall retain all financial records for a minimum of six (6) years after the date of submission of the final financial status report, or until completion of an audit which has commenced before the expiration of this six -year period, or until any audit findings and /or recommendations from prior audit(s) have been resolved between the grantee and OJP, whichever is later. Reporting Requirements: 1) Grant Manual The grantee shall report to the OJP as specified in the Office of Justice Programs' Grant Manual. 2) Financial Reportinl?: The grantee shall submit a financial reporting form to OJP using the electronic grant management system (E- GRANTS) at least quarterly utilizing within 25 days after the end of the reporting period. 3) Progress ss Reportina: The grantee shall use E- GRANTS to submit a quarterly narrative of the progress achieved towards the accomplishment of the goals and objectives and within 25 days after the end of each reporting period. 4) Statistical Reporting: The grantee shall also submit a Quarterly Statistical Report of services provided in E- GRANTS and within 25 days after the end of each quarter. 5) Requirement Changes: OJP may modify or change all reporting forms at their discretion during the grant period. 6) Additional Requirements The grantee shall submit such other reports and attend meetings and training as OJP shall reasonably request. Other Provisions: 1) Evaluation: OJP shall have the authority, during the course of this grant period, to conduct an evaluation of the performance of the grantee. 2) Special Reguirements: OJP reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the grantee's successful implementation of the program. OJP will notify the Grantee in writing of any special administrative requirements. 3) Eli ig bili1y Requirements: The task force program funded through the grantee must attain and maintain all eligibility requirements and certification requirements throughout the term of the award. GRANT PROGRAM GUIDELINES (NGTF) - 2012 15_) In t he event you are awarded federal funding as all or a portion of a grant t he following pr ovisions will apply Justice Assistance Grants (JAG) Federal Provisions: Payments under this grant contract will be made from federal funds obtained by the State through 42 USC 5631(a), CFDA number 16.738 The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 1) Supplant: Grantee may not use funds received under this grant contract to supplant or substitute state and local public funds that would otherwise be available for criminal justice system activities. 2) Audits: The Grantee will comply with the Single Audit Amendments of 1996 and Office of Management and Budget Circular A -133. An explanation of the Federal Audit Requirements is attached and incorporated and made a part of this grant contract. 3) Data: The Grantee agrees to comply with the confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The Grantee agrees to comply with 28 CFR Part 23 and use the Global Justice Data Model specifications and guidelines if federal funds are used to support criminal intelligence systems. Information is available at www.it.ojp.gov /gjxdm. 4) Debarment and Suspension: Executive Order 12549 on Debarment and Suspension, and the implementing regulation, requires that the Grantee certify it has not been debarred or otherwise excluded from participating in any other transaction with a federal department or agency. 5) Lobbying Federal Restrictions on Lobbying imposed by 31 U.S.C. Section 1352, requires that no federally appropriated funds will be used, directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of the federal Office of Justice Programs. 6) Publications Any written, visual, or audio publications, with the exception of press releases, whether published at the the grantee's or OJP's expense, shall contain the following statement: "This project was supported by Grant No. 2009 -DJ -BX -0286 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice." 7) " Pa, -tom o -Stay' Programs: The Grantee will not use these funds to operate a "pay -to- stay" program in any local jail nor will the Grantee subaward funds to local jails which operate "pay -to- stay" programs. 8) Other Federal Requirements: This grant contract is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: A) 28 CFR Part 69, New Restrictions on Lobbying, and 28 CFR Part 67, Government -Wide Debarment and Suspension and Government -Wide Requirements for Drug -Free Workplace through the submission of a certification form committing the Grantee to compliance. B) 28 CFR 42.302 et.seq. through the submission of a certification form regarding the Grantee's Equal Opportunity Employment Plan compliance. The Grantee will provide an Equal Employment Opportunity Plan if required to maintain one, where the application is for $500,000 or more. C) 28 CFR Part 46 and all federal Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. GRANT PROGRAM GUIDELINES (NGTF) - 2012 D) 42 USC Section 3789g and 28 CFR Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part 22 and, in particular, section 22.23. E) The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. F) The Grantee will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance programs. G) The Grantee assures that it will comply, and all its subcontractors will comply, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. H) The Grantee assures that in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Grantee or its subcontractors, the Grantee will forward a copy of the finding to the State. 1) The Grantee will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Agreement to Acknowledge the Program Guidelines are Incorporated Into the Grant Agreement: By submitting this application, Uwe as an authorized Representative for the Applicant, acknowledge that I have read the Program Guidelines in their entirety as stated within the Application materials and acknowledge that the Program Guidelines will be incorporated into the Grant Agreement if funds are awarded to the Applicant under this Application. As authorized, if the Applicant is awarded funds under this Application, I will submit the required documents and certification on behalf of the Applicant Organization. Mayor Mike Maguire � City of Eagan (Fiscal Agency for D akota County Drug Task Force) I N GRANT PROGRAM GUIDELINES (NGTF) - 2012 53 Terms and Conditions for Grantees that are Not State Agencies Page 1 of 4 The Grantee (which refers to the applicant's status after it has been awarded grant funds) shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and provisions stated herein in the performance of the grant award. 1. Survival of Terms The following clauses survive the expiration or cancellation of the award: 9. Liability; 10. Audits; 11. Government Data Practices; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction and Venue; and 16. Data Disclosure. 2. Financial and Administrative Provisions The Grantee will comply with all program guidelines specified in the Grant Program Guidelines (Guidelines) and application which are incorporated herein by reference. Budget Revisions: The Grantee will submit a written change request for any substitution of budget items or any deviation in accordance with the Guidelines included in this application. Grantees whose requests have been approved will be notified in writing by the State's Authorized Representative to the Grantee's Authorized Representative. Requests must be approved prior to any expenditure by the Grantee. 3. Payment Terms Payment: The State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services in accordance with the Guidelines included in this application. Expenditures for each state fiscal year (July through June) of the grant agreement must be for services satisfactorily performed within applicable state fiscal years. Under Minn. Stat. § 16B.98 subd. 1, the Grantee agrees to minimize administrative costs. 4. Time The Grantee must comply with all the time requirements described in the application and grant agreement. In the performance of the award, time is of the essence. 5. Consideration and Payment The State will pay for all services performed by the Grantee under the grant agreement as a reimbursement according to the breakdown of costs contained in the Guidelines and Grantee's application that will be incorporated into the grant agreement. Under Minn. Stat. § 16B.98, subd. 7, payments to the Grantee may not be issued until the grant agreement is fully executed. 6. Conditions of Payment All services provided by the Grantee under the grant agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative so named in the grant agreement and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state or local law. 7. Authorized Representative The State's Authorized Representative or his/her successor is so named in the grant agreement and has the responsibility to monitor the Grantee's performance and has the authority to accept the services provided under the grant agreement opportunity. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. non -state 00/08) �y- Terms and Conditions for Grantees that are Not State Agencies Page 2 of 4 The Grantee's Authorized Representative is so named in the grant agreement. If the Grantee's Authorized Representative changes at any time during the grant agreement, the Grantee must immediately notify the State. 8. Assignment, Amendments, Waiver, and Grant Agreement Complete The Grantee may neither assign nor transfer any rights or obligations under the grant agreement without the prior consent of the State and a fully executed Amendment, executed and approved by the same parties who executed and approved the grant agreement, or their successors in office. Any amendment to the grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. If the State fails to enforce any provision of the grant agreement, that failure does not waive the provision or its right to enforce it. The grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding the grant agreement, whether written or oral, may be used to bind either party. 9. Liability Grantee must indemnify, save and hold the State, its agents, and employees harmless from any claims or causes of action, including all attorneys' fees incurred by the State arising from the performance of the grant agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under the grant agreement and subsequent grant agreements. The liability for Grantees that are municipalities is governed by Minn. Stat. § 466 and any other applicable law, rule or regulation. 10. Audits Under Minn. Stat. § 16B.98, subd. 8, the books, records, documents, and accounting procedures and practices of the Grantee or other party that are relevant to the grant agreement or transaction are subject to examination by the State, and/or the State Auditor or Legislative Auditor as appropriate, for a minimum of six years from the grant agreement end date, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. Federal audits shall be governed by requirements of federal regulations. If applicable, if the Grantee (in federal OMB Circular language known as "subrecipient ") receives federal assistance from the State of Minnesota, it will comply with the Single Audit Act Amendments of 1996 as amended and Office of Management and Budget Circular A -133, "Audits of States, Local Governments and Non- Profit Organizations" for audits of fiscal years beginning after June 30, 1996; and, required audit reports must be filed with the State Auditor's Office, Single Audit Division, and with federal and state agencies providing federal assistance, and the Department of Public Safety within nine months of the Grantee's fiscal year end. 11. Government Data Practices The Grantee and the State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data provided by the State under the grant agreement, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by the Grantee under the grant agreement. The civil remedies of Minnesota Statutes, section 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. non -state (10/08) Terms and Conditions for Grantees that are Not State Agencies Page 3 of 4 If the Grantee receives a request to release the data referred to in this clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 12. Workers' Compensation Grantee certifies that it is in compliance with Minnesota Statutes, § 176.181, subdivision 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 13. Publicity and Endorsement Any publicity regarding the subject matter of the grant agreement must be in accordance with the Guidelines included in this application. The Grantee must not claim that the State endorses its products or services. 14. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs the grant agreement. Venue for all legal proceedings out of the grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination Termination by the State. The State may cancel the grant agreement at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Termination by the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Representative. Upon termination, the Grantee is entitled to payment for services actually performed and agrees to return any unused funds to the State. Termination for Insufficient Funding. The State may immediately terminate the grant agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services under the grant agreement. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. Termination for Failure to Comply. The State may cancel the grant agreement immediately if the State finds that there has been a failure to comply with the provisions of the grant award, that reasonable progress has not been made or that the purpose for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 16. Data Disclosure Under Minnesota Statutes, § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and non -state (10 /08) Terms and Conditions for Grantees that are Not State Agencies Page 4 of 4 state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 17. Other Provisions be it understood: a. By filing of this application, the applicant has therefore obtained the necessary legal authority to apply for and receive the proposed grant; b. The filing of this application has been authorized by applicant's governing body, and the official who has applied his/her electronic signature to this application has been duly authorized to file this application for and on behalf of said applicant, and otherwise to act as the representative of the applicant in connection with this application; c. The activities and services for which assistance is sought under this grant will be administered by or under the supervision and control of applicant; d. Fiscal control and accounting procedures will be used to ensure proper disbursement of all funds awarded; Agreement to Acknowledge the Terms and Conditions are Incorporated Into the Grant Agreement: By submitting this application, Uwe as an authorized Representative for the Applicant, acknowledge that I have read the Terms and Conditions in their entirety as stated within the Application materials and acknowledge that the Terms and Conditions will be incorporated into the Grant Agreement if funds are awarded to the Applicant under this Application. As authorized, if the Applicant is awarded funds under this Application, I will submit the required documents and certification on behalf of the Applicant Organization. L e: Mayor Mike Maguire T n` er City of Eagan (Fiscal Agency for Da kota County Drug Task Force) VA M non -state (10/08) �q Agenda Information Memo October 4, 2011 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 1048, BLUE CROSS ROAD STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1048 (Blue Cross Road - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1048 provided for the street improvements of Blue Cross Road (Blackhawk Road to Yankee Doodle Road), in northwest Eagan. • The Final Assessment Roll was presented to the City Council on September 6, 2011, with a public hearing scheduled for October 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 6% less than the estimated benefit amounts that were presented at the original Public Hearing on December 21, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 7 parcels (6 Commercial/ Industrial, 1 City Park) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, page! through. . ac? FINAL ASSESSMENT REPORT PROJECT PUBLIC HEARING DATES Number: Project 1048 Assessment: October 4, 2011 Name: Blue Cross Road Project Approval Date: December 21, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER E ] Trunk OTrunk Lateral Lat. Benefit /Trunk WATER STREET OTrunk El Gravel Base ❑ Lateral El Surf. /Signs - Direct Access Service Surf. /Signs - Direct Acces! $38.67 $41.28 FF Park/ Public Facility Lat. Benefit /Trunk 0 Surf. /Signs - Direct Acces: $51.43 $ 54.91 FF Commercial/ Ind WAC Driveway - Cl $108 $108 SY OTHER STREETLIGHTS E] Service Pair ❑ Installation Energy Charge Contract Numberof Number Parcels Interest Amount Terms Rate Assessed City Financed 11 -01 7 10 Yrs 5.0% $318,495.62 $128,694.54 $337,700 FR $136,000 FR City of Evan Me To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 29, 2011 Subject: Final Assessment Roll, Project 1048 Blue Cross Road Street Improvements At the public hearing on December 21, 2010, the City Council ordered Project 1048, and in accordance with the feasibility report, the following improvements were constructed: recycle/ reclaim existing pavement, replacement of traffic and street signage, new pavement, bituminous trail overlay, concrete entrance aprons and replacement of curb and gutter as needed for Blue Cross Road. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess 100% of the street pavement, signage and entrance improvements. The improvements were completed under Contract 11 -01. The following information was used in the preparation of the assessment roll for Project 1048. PROJECT COST The construction cost includes the amount of $370,631.04 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,632.61. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $73,926.51 were incurred resulting in an improvement and project cost of $447,190.16. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCIIOP OTYWR INTROVEIVUM FEASIBILITY IMPROVENMW COST COSTS COSTS REPORT Recycle/ Reclaim/ Signage $307,238.23 $60,849.89 $368,088.12 $393,000 Repair Curb & Gutter/ Trail 31,607.24 6,259.95 37,867.19 $39,000 Concrete Entrance Aprons 34,418.18 6,816.67 41,234.85 $41,700 $373,263.65 $73,926.51 $447,190.16 $473,700 1 WE ASSESSMENTS Trunk Assessments -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvements Costs - The costs of the street pavement and signage, and concrete entrance improvements were computed using the following unit prices and quantities: Street/ Signage UNIT ITEM UNIT QTY PRICE Mobilization LS 1.00 $13,070.64 Remove Reclaimed Material CY 3,011.00 31.50 Reclaim Bituminous Material (10" depth) SY 12,860.00 2.89 Bituminous Material for Tack Coat GAL 965.00 3.00 Type SP 9.5 Wearing Course Mix (3,C) TON 1,655.93 35.00 Type SP 19.0 Non Wear Course Mix (4,C) TON 1,982.00 35.00 Repair Gate Valve Mid Section EA 3.00 400.00 Repair Gate Valve Top Section w/ Cover EA 7.00 400.00 Adjust Frame & Ring Casting EA 1.00 485.00 Traffic Control LS 1.00 5,034.70 NMC Loop Detector EA 6.00 970.00 Pavt Mssg (LT arrow) Epoxy EA 8.00 102.50 Pavt Mssg (RT arrow) Epoxy EA 3.00 102.50 Pavt Mssg (RT -Thru arrow) Epoxy EA 2.00 179.38 4" Solid Line White Epoxy LF 3,304.00 0.26 12" Solid Line White Epoxy LF 137.00 6.15 24" Solid Line White Epoxy LF 58.00 6.15 24" Solid Line Yellow Epoxy LF 42.00 8.20 4" Double Solid Line Epoxy LF 2900 0.53 Crosswalk Marking Epoxy SF 336 3.08 Granular Borrow CY 875 5.6 Crawler Mounted Backhoe HOUR 16.25 160 Install Traffic/ LS 1.00 2,632.61 Street Signs Subtotal Other costs « 19.81% Recycle/ Reclaim/ Street Sign Cost 2 EXTENDED COST 13,070.64 94,846.50 37,165.40 2,895.00 57,957.55 69,370.00 1,200.00 2,800.00 485.00 5,034.70 5,820.00 820.00 307.50 358.76 859.04 842.55 356.70 344.40 1,537.00 1,034.88 4,900.00 2,600.00 2,632.61 307,238.23 60,849.89 $ 368,088.12 fie. I [$368,088.12 (Recycle/ Reclaim/ Signage Cost) x 75% x 11.1 %] = $30,643.34 (Total Assessment) $30,643.34 (Neighborhood Park Assessment) 4 $45.49 /Front Foot 673.6 Front Feet Properties adjacent to Blue Cross Road are proposed to be assessed with a 15% credit because the pavement condition has not met its predicted life expectancy (3 years prior to an anticipated 20 -year pavement life cycle, 3/20 = 15 %). This reduced assessment rate is in accordance with an update (February 16, 2010) of the City's Special Assessment Policy addressing shortened life cycles. Neighborhood Park (Skyhill) Assessment —15% _ $45.49 —15 %($45.49) _ $38.67/ Front Foot The remaining Blue Cross Road frontage within the project area (526.7 front feet or 8.7 %) is property a pond adjacent to the street right -of -way, and therefore, not assessable under the City's Assessment Policy. Commercial/ Industrial — Concrete Entrance Apron Replacement - Assessment costs will be allocated to benefitting properties based on the individual entrance repair costs for each commercial/ industrial property (1 total). The proposed assessment for each property for concrete entrance replacements, per actual cost of driveway repaired, approximately $108 per square yard is proposed as follows: ADDRESS AMOUNT 3535 Blue Cross Road (Lot 2, Block 1 Blue Cross Addition) $41,234.85 Total $ 41,234.85 ASSESSMENT TERMS - The assessments are proposed for a term of 10 years for commercial/ industrial and neighborhood park properties. The interest rate is 5.0% per annum on the unpaid balance. CONCRETE ENTRANCE REPAIRS Remove Curb and Gutter LF 253.00 $ 7.50 $ 1,897.50 Remove Bituminous Pavement SY 471.00 7.25 3,414.75 Common Excavation CY 20.50 30.00 615.00 Type SP 9.5 Wearing Course Mix (3,13) (Patch) TON 51.13 90.00 4,601.70 7" Concrete Driveway Pavement - High Early SY 381.00 59.13 22,528.53 Sodding Type Salt Resistant SY 117.00 3.00 351.00 Compost /Topsoil Mixture TON 10.60 24.50 259.70 Remove and Replace Casting (CB) EA 1.00 750.00 750.00 Subtotal Other costs @ 19.81% 34,418.18 6,816.67 Concrete Ent Apron Replacement Cost $ 41,234.85 IMPROVEMENT AND ASSESSMENT RATES Commercial/ Industrial Street Improvements- The improvement and assessment rate for the street improvements for commercial/ industrial properties is computed as follows: % Commercial /Industrial = 4,884.6/ 6,084.9 f.f = 80.3% [$368,088.12 (Recycle/ Reclaim/ Signage Cost) x 100% x 80.3 %] = $295,574.76 (Total Commercial/ Industrial Assessment) $295,574.76 (Commercial /Industrial Assessment) —) $60.51 /Front Foot 4,884.6 Front Feet Properties adjacent to Blue Cross Road are proposed to be assessed with a 15% credit because the pavement condition has not met its predicted life expectancy (3 years prior to an anticipated 20 -year pavement life cycle, 3/20 = 15 %). This reduced assessment rate is in accordance with an update (February 16, 2010) of the City's Special Assessment Policy addressing shortened life cycles. Commercial/ Industrial Assessment —15% = $60.51 -15 %($60.51) = $51.43/ Front Foot Neighborhood Parks (Skyhill) Street Improvements- The improvement and assessment rate for the street improvements for Skyhill Park is computed as follows: % Neighborhood Park = 673.6/ 6,084.9 f.f = 11.1% 43 CITY REVENUES (RESPONSIBILITY) IMPROVEMIIVT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Recycle/ Reclan'n/ Signage Repair Curb & Gutter/ Trail $368,088.12 $37,867.19 $277,260.77 $90,827.35 Concrete Entrance Aprons '1 11 $41,234.85 $41,234.85 $37,867.19 M 11 $447,190.16 $318,495.62 $128,694.54 CITY FUND RESPONSIBILITY Major Street Fund: $128,694.54 General Facilities Renewal/ Replacement: $26,047.34 (City — Sky Hill Park Assessment) I J � John Gorder, P.E. Reviewed Public Works Department Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Finance Department i ; ? c is Date �vq = (n O U) O ca X O 7 C y d d 00 Q. M Q Q O w � U C . O a` w U 0 m 0 m E 0 ° a Q 105 N U') ° m m E L6 N_ (C) ~ O d - O N d O C O M (D r V 6 M (6 N N LO N Q K! Ef3 Efl (f! (A � E U7 W LO W M Cl) IA Q N N V! } co m Cl) w C O N O (O O h ti d O E N V W M d E L6 � O O d 0 N LO r- 00 (C co 'q M M O N a 0 (� O D) N D) c i f` O O O r N Q 64 45 6 Efl V9 6.). LL � V m V V V- d ( M (A U) EA U) (A U) 603 U7 (A U7 U) (fl M C O O ((7 d) (M O O 00 ry O N .4 (7 N (V C7 LL O M O (D V M O U7 O O r` O M) Z O O O V O O N O O O O O O O O O Q O O O M O O O O 0 o U7 O U7 o O LO V U) V o O d U7 Lo U) (D M M � V M M 7� O O O O O O O O O c c c 0 O 0 0 - - Q Q Q c0 Q O ti m a lu W Y U �j U Q : a a > Fn > CO U) Co v = o m U m O O m (� F m m m N M m J O J � O J p � � N O En 2 C O N p 'a Z a) Z Z Z Q m c0 p U') O M M LO M 0 m 0 m E 0 ° a Q 105 Combined Assessment Roll Project Number PA1048 PID Address Addition Name 10- 01600 -30 -014 Section 16 10- 01700 -01 -012 Section 17 10- 13345 -00 -010 BCBSM East 10- 13345 -01 -010 3560 Delta Dental Dr BCBSM East 10- 14550 -01 -010 Blue Cross 10- 14550 -01 -020 3535 Blue Cross Rd Blue Cross 10- 14550 -01 -030 3545 Blue Cross Rd Blue Cross Summary for 'SA_Nbr' = PA1048 (7 detail records) Sum - $3,139.20 Pending Proposed Assessment Variance Assessment $18,884.00 - $1,196.71 $17,687.29 $27,805.00 - $1,757.66 $26,047.34 $32,522.00 - $2,061.55 $30,460.45 $49,527.00 - $3,139.20 $46,387.80 $56,606.00 - $3,680.93 $52,925.07 $115,986.00 - $5,173.05 $110,812.95 $36,487.00 - $2,312.28 $34,174.72 $337,817.00 -$19,321.38 $318,495.62 Thursday, September 29, 2011 Page 1 of I H } O J ¢ O LL LLJ �~O Z 0 00 w O � z I Z cd W Z a g0 m w LIJ �Q� ww W w LL1 M � U J Q 2 � Za- U O� a O� t CD e .,� LL ' � 'v �J t a F , M low v � U O 10 LL. E p H } O J ¢ O LL LLJ �~O Z 0 00 w O � z I Z cd W Z a g0 m w LIJ �Q� ww W w LL1 M � U J Q 2 � Za- U O� a O� LL CD N O Z (6-7 t CD e .,� LL ' � 'v �J low k p LL CD N O Z (6-7 Agenda Information Memo October 4, 2011 Eagan City Council Meeting PUBLIC HEARINGS B. PROJECT 1044, CLEARVIEW ADDITION STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1044 (Clearview Addition - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1044 provided for the street improvements of Beecher Drive and Lenore Lane within the Clearview neighborhood in southwest Eagan. • The Final Assessment Roll was presented to the City Council on September 6, 2011, with a public hearing scheduled for October 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 27% less than the estimated benefit amounts that were presented at the original Public Hearing on December 21, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 26 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, page0 throug FINAL ASSESSMENT REPORT Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 11 -01 26 5 Yrs 5.0% $23,321.76 $34,879.81 $32,400 FR $45,800 FR I, � PROJECT PUBLIC HEARING DATES Number: Project 1044 Assessment: October 4, 2011 Name: Clearview Addition Project Approval Date: December21, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER uTrunk uTrunk u Lateral u Service u Lat. Benefit /Trunk WATER STREET uTrunk LJ Gravel Base u Lateral Surf. /Signs - Direct Access u Service I LL p Surf. /Signs -Low Dens Res $832.92 $ 1,155 Lot Eq u Lat. Benefit /Trunk LJ Surf. /Signs - Direct Access L J WAC LJ Driveway - CI OTHER STREETLIGHTS uService Pair u Installation u Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 11 -01 26 5 Yrs 5.0% $23,321.76 $34,879.81 $32,400 FR $45,800 FR I, � City of Evan Memo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 29, 2011 Subject: Final Assessment Roll, Project 1044 Clearview Addition Street Improvements At the public hearing on December 21, 2010, the City Council ordered Project 1044, and in accordance with the feasibility report, the following improvements were constructed: mill & overlay existing pavement, replacement of traffic and street signage, replacement of curb and gutter as needed for the Clearview neighborhood. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess 50% of the street pavement and signage improvements to the benefiting residential properties. The improvements were completed under Contract 11 -01. The following information was used in the preparation of the assessment roll for Project 1044. PROJECT COST The construction cost includes the amount of $41,874.51 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $174.97. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $16,152.09 were incurred resulting in an improvement and project cost of $58,201.57. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST Mill & Overlay/ Sign COSTS COSTS REPORT $33,698.90 $12,944.46 $46,643.36 $64,700 Repair Curb & Gutter 8,350.58 3,207.63 11,558.21 13,500 $42,049.48 $16,152.09 $58,201.57 $78,200 -7D ASSESSMENTS • Trunk Assessments -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • Street Improvement Costs - The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM Mobilization Mill Bituminous Surface (1.25 ") Bituminous Material for Tack Coat Type SP 9.5 Wearing Course Mixture (3,B) Type SP 9.5 Wearing Course Mixture (3,B) (Patch) Repair Gate Valve Top Section w/ Cover Adjust Frame & Ring Casting Adjust Frame & Ring Casting (Riser Adjustment) Traffic Control Instal I Traffic/ Street Signs Subtotal Other costs @ 38.41% Mill - Overlay/ Street Sign Cost UNIT CITY PRICE COST LS 1.00 $2,376.48 $ 2,376.48 SQYD 3,025.00 $ 0.85 $ 2,571.25 GAL 325.00 $ 3.00 $ 975.00 TON 565.97 $ 40.00 $ 22,638.80 TON 2.30 $ 90.00 $ 207.00 EA 2.00 $ 400.00 $ 800.00 EA 4.00 $ 485.00 $ 1,940.00 EA 5.00 $ 220.00 $ 1,100.00 LS 1.00 $ 915.40 $ 915.40 LS 1.00 $ 174.97 $ 174.97 33,698.90 12,944.46 _$ 46.643.36 IMPROVEMENT AND ASSESSMENT RATES Low Density Residential Street Improvements- The improvement and assessment rate for the street improvements for low density residential properties (26 parcels = 28 lot equivalents) is computed as follows: Low Density Residential = 100% [$46,643.36 (Mill & Overlay/ Signage Cost) x 50 %] = $23,321.68 (Total Low Density Res. Assessment) $23,321.68(Low Density Residential Assessment) 4 $832.92/Lot 28 Single Family Lot Equivalents ASSESSMENT TERMS - The assessments are proposed for a term of 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. 2 11 CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT COST Mill & Overlay/ Sign $46,643.36 Repair Curb & Gutter $11,558.21 $58,201.57 CITY FUND RESPONSIBILITY Major Street Fund: $34,879.81 a John,Gorder, P.E. Reviewed Public Works Department 01 3 1 I , f Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I ASSESSMENT CITY REVENUE RESPONSIBILITY $23,321.76 $23,321.60 0.00 $11,558.21 $23,321.76 $34,879.81 Reviewed Finance Department Date -7a Final Assessment Roll City Project 1044 Clearview Addition Lenore Lane R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1785 Cliff Road 10- 11500 -01 -020 1 $ 832.92 $ 832.92 1805 Cliff Road 10- 17750 -02 -140 1 $ 832.92 $ 832.92 4535 Lenore Lane 10- 17750 -02 -100 1 $ 832.92 $ 832.92 4540 Lenore Lane 10- 17750 -03 -050 1 $ 832.92 $ 832.92 4545 Lenore Lane 10- 17750 -02 -120 1 $ 832.92 $ 832.92 4546 Lenore Lane 10- 17750 -03 -060 1 $ 832.92 $ 832.92 4555 Lenore Lane 10- 17750 -02 -121 1 $ 832.92 $ 832.92 4556 Lenore Lane 10- 17750 -03 -070 1 $ 832.92 $ 832.92 4565 Lenore Lane 10- 17750 -02 -130 1 $ 832.92 $ 832.92 4566 Lenore Lane 10- 17750 -03 -080 1 $ 832.92 $ 832.92 4576 Lenore Lane 10- 11500 -01 -010 1 $ 832.92 $ 832.92 1841 Beecher Drive Subtotals 1 11 $ 832.92 $ 9,162.12 Beecher Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1760 Beecher Drive 10- 17750 -03 -010 2 $ 832.92 $ 1,665.84 1770 Beecher Drive 10- 17750 -03 -020 1 $ 832.92 $ 832.92 1780 Beecher Drive 10- 17750 -03 -030 1 $ 832.92 $ 832.92 1785 Beecher Drive 10- 17752 -01 -030 1 $ 832.92 $ 832.92 1790 Beecher Drive 10- 17750 -03 -042 1 $ 832.92 $ 832.92 1795 Beecher Drive 10- 17752 -01 -020 1 $ 832.92 $ 832.92 1796 Beecher Drive 10- 17750 -03 -041 1 $ 832.92 $ 832.92 1805 Beecher Drive 10- 17752 -01 -010 2 $ 832.92 $ 1,665.84 1825 Beecher Drive 10- 17750 -01 -050 1 $ 832.92 $ 832.92 1835 Beecher Drive 10- 17750 -01 -040 1 $ 832.92 $ 832.92 1836 Beecher Drive 10- 17750 -02 -090 1 $ 832.92 $ 832.92 1841 Beecher Drive 10- 17750 -01 -030 1 $ 832.92 $ 832.92 1842 Beecher Drive 10- 17750 -02 -080 1 $ 832.92 $ 832.92 1845 Beecher Drive 10- 17750 -01 -020 1 $ 832.92 $ 832.92 1846 Beecher Drive 10- 17750 -02 -070 1 $ 832.92 $ 832.92 Subtotals 17 $ 14,159.64 28 SF Lot Equivalents TOTAL ASSESSMENT $ 23,321.76 73 Combined Assessment Roll Project Number PA1044 Pending Proposed PID Address Addition Nanre Assessment Variance Assessment 10- 11500 -01 -010 4576 Lenore Lane Amundsons Corner $1,155.00 - $322.08 $832.92 10- 11500 -01 -020 1785 Cliff Rd Amundsons Corner $1,155.00 - $322.08 $832.92 10- 17750 -01 -020 1845 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -01 -030 1841 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -01 -040 1835 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -01 -050 1825 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -02 -070 1846 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -02 -080 1842 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -02 -090 1836 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -02 -100 4535 Lenore Lane Clearview $1,155.00 - $322.08 $832.92 10- 17750 -02 -120 4545 Lenore Lane Clearview $1,155.00 - $322.08 $832.92 10- 17750 -02 -121 4555 Lenore Lane Clearview $1,155.00 - $322.08 $832.92 10- 17750 -02 -130 4565 Lenore Lane Clearview $1,155.00 - $322.08 $832.92 10- 17750 -02 -140 1805 Cliff Rd Clearview $2,310.00 - $644.16 $1,665.84 10- 17750 -03 -010 1760 Beecher Dr Clearview $2,310.00 - $644.16 $1,665.84 10- 17750 -03 -020 1770 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -03 -030 1780 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -03 -041 1796 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -03 -042 1790 Beecher Dr Clearview $1,155.00 - $322.08 $832.92 10- 17750 -03 -050 4540 Lenore Lane Clearview $1,155.00 - $322.08 $832.92 10- 17750 -03 -060 4546 Lenore Lane Clearview $1,155.00 - $322.08 $832.92 10- 17750 -03 -070 4556 Lenore Lane Clearview $1,155.00 - $322.08 $832.92 10- 17750 -03 -080 4566 Lenore Lane Clearview $1,155.00 - $322.08 $832.92 10- 17752 -01 -010 1805 Beecher Dr Clearview 3rd $1,155.00 - $322.08 $832.92 10- 17752 -01 -020 1795 Beecher Dr Clearview 3rd $1,155.00 - $322.08 $832.92 10- 17752 -01 -030 1785 Beecher Dr Clearview 3rd $1,155.00 - $322.08 $832.92 Summary for 'SA_Nbr' = PA 1044 (26 detail records) Sum $32,340.00 - $9,018.24 $23,321.76 Thursday, September 29, 2011 Page I of 1 F J-1 f: Y Q Y ;I U m + i -: ; 4 1785.1 it P EQUI L� t 1 CLIFF ROAD —- w ; 4 t 1 A"� "' .. LEGEND ASSESSMENT AREA _ STREET IMPROVEMENTS -' SINGLE FAMILY - $ 832.92 / Lot Equivalent q� City of Eakaa Engineering Department Clearview Addition Street Revitalization - Project 1044 8/16/2011 7 5 Final Assessments Agenda Information Memo October 4, 2011 Eagan City Council Meeting PUBLIC HEARINGS C. PROJECT 1039, WILDERNESS PONDS STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1039 (Wilderness Ponds - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1039 provided for the street improvements of Wilderness Curve and Wilderness Lane within the Wilderness Ponds neighborhood in south - central Eagan. • The Final Assessment Roll was presented to the City Council on September 6, 2011, with a public hearing scheduled for October 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 22% less than the estimated benefit amounts that were presented at the original Public Hearing on January 4, 2011. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 39 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through 76 FINAL ASSESSMENT REPORT Contract Number of Interest Number Parcels Terms Rate 11 -01 39 5 Yrs — I - I Amount City Assessed Financed 5.0% $27,364.35 $49,263.38 $35,500 FR $56,100 FR PROJECT PUBLIC HEARING DATES Number: Project 1039 Assessment: October 4, 2011 Name: Wilderness Ponds Project Approval Date: January 4, 2011 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER uTrunk LJ Trunk L J Lateral L J Service u Lat. Benefit /Trunk WATER STREET uTrunk uGravel Base u Lateral LJ Surf. /Signs - Direct Access u Service I� C7 Surf. /Signs -Low Dens Res $701.65 $910 Lot Eq u Lat. Benefit /Trunk u Surf. /Signs - Direct Access L I WAC u Driveway - Cl OTHER STREETLIGHTS uService Pair ulnstallation u Energy Charge Contract Number of Interest Number Parcels Terms Rate 11 -01 39 5 Yrs — I - I Amount City Assessed Financed 5.0% $27,364.35 $49,263.38 $35,500 FR $56,100 FR 4 City of Ea p mm To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 29, 2011 Subject: Final Assessment Roll, Project 1039 Wilderness Ponds Street Improvements At the public hearing on January 4, 2011, the City Council ordered Project 1039. In accordance with the feasibility report, the following improvements were constructed within Wilderness Ponds Addition: mill & overlay existing pavement, replacement of traffic and street signage, replacement of curb and gutter as needed. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess 50% of the street pavement and signage improvements to the benefiting residential properties. The improvements were completed under Contract 11 -01. The following information was used in the preparation of the assessment roll for Project 1039. PROJECT COST The construction cost includes the amount of $57,181.85 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $478.21. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $18,967.67 were incurred resulting in an improvement and project cost of $76,627.73. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT COST COSTS Mill & Overlay/ Sign $41,181.89 Repair Curb & Gutter 16,478.17 $13,547.06 5,420.61 $57,660.06 $18,967.67 IMPROVEMENT FEASIBILITY COSTS REPORT $54,728.95 $71,000 21,898.78 20,600 $76,627.73 $91,600 ASSESSMENTS Trunk Assessments - No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street improvement Costs - The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT QTY PRICE COST Mobilization LS 1.00 $ 2,376.48 $ 2,376.48 Mill Bituminous Surface (1.25 ") SY 2,780.00 $ 0.85 $ 2,363.00 Bituminous Material for Tack Coat GAL 430.00 $ 3.00 $ 1,290.00 Type SP 9.5 Wearing Course Mixture (3,B) TON 639.14 $ 40.00 $ 25,565.60 Type SP 9.5 Wearing Course Mixture (3,B) (Patch) TON 14.48 $ 90.00 $ 1,303.20 Repair Gate Valve Mid Section EA 1.00 $ 400.00 $ 400.00 Repair Gate Valve Top Section w/ Cover EA 3.00 $ 400.00 $ 1,200.00 Adjust Frame & Ring Casting EA 10.00 $ 485.00 $ 4,850.00 Adjust Frame & Ring Casting (Riser Adjustment) EA 2.00 $ 220.00 $ 440.00 Traffic Control LS 1.00 $ 915.40 $ 915.40 Install Traffic/ Street Signs LS 1.00 $ 478.21 $ 478.21 Subtotal 41,181.89 Other costs @ 32.90% 13,547.06 Mill - Overlay/ Street Sign Cost $ 54.728.95 IMPROVEMENT AND ASSESSMENT RATES Low Density Residential Street Improvements- The improvement and assessment rate for the street improvements for low density residential properties is computed as follows: [$54,728.95 (Mill & Overlay/ Signage Cost) x 50 %] = $27,364.48 (Total Low Density Res. Assessment) $27,364.48 (Low Density Residential Assessment) 4 $701.65/Lot 39 Single Family Lot Equivalents ASSESSMENT TERMS - The assessments are proposed for a term of 5 years for low density residential properties. The interest rate is 5.0% per annum on the unpaid balance. 2 --�9 CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT C OST REVENUE RESPONSIBILITY Mill & Overlay/ Sign Repair Curb & Gutter $54,728.95 $21,898.78 $76,627.73 $27,364.35 we $27,364.35 $49,263.38 $27,364.60 CITY FUND RESPONSIBILITY Major Street Fund: $49,263.38 e �'L xL Whn Gorder, P.E. Reviewed Public Works Department Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Reviewed Finance Departmtnt Date MR Final Assessment Roll City Project 1039 - Wilderness Ponds Wilderness Lane R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1287 WILDERNESS LANE 10- 84275 - 060 -02 1 $ 701.65 $ 701.65 1291 WILDERNESS LANE 10- 84275 - 050 -02 1 $ 701.65 $ 701.65 1292 WILDERNESS LANE 10- 84275 - 070 -02 1 $ 701.65 $ 701.65 1295 WILDERNESS LANE 10- 84275 - 040 -02 1 $ 701.65 $ 701.65 1296 WILDERNESS LANE 10- 84275 - 080 -02 1 $ 701.65 $ 701.65 1299 WILDERNESS LANE 10- 84275 - 030 -02 1 $ 701.65 $ 701.65 1303 WILDERNESS LANE 10- 84275 - 020 -02 1 $ 701.65 $ 701.65 1304 WILDERNESS LANE 10- 84275 - 100 -02 1 $ 701.65 $ 701.65 1308 WILDERNESS LANE 10- 84275 - 110 -02 1 $ 701.65 $ 701.65 Vacant Lot 10- 84275 - 090 -02 1 $ 701.65 $ 701.65 1270 WILDERNESS CURVE Subtotals 10 $ 701.65 $ 7,016.50 Wilderness Curve R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1250 WILDERNESS CURVE 10- 84275 - 240 -02 1 $ 701.65 $ 701.65 1253 WILDERNESS CURVE 10- 84275 - 230 -02 1 $ 701.65 $ 701.65 1254 WILDERNESS CURVE 10- 84275 - 250 -02 1 $ 701.65 $ 701.65 1257 WILDERNESS CURVE 10- 84275 - 220 -02 1 $ 701.65 $ 701.65 1258 WILDERNESS CURVE 10- 84275 - 260 -02 1 $ 701.65 $ 701.65 1261 WILDERNESS CURVE 10- 84275 - 210 -02 1 $ 701.65 $ 701.65 1262 WILDERNESS CURVE 10- 84275 - 270 -02 1 $ 701.65 $ 701.65 1265 WILDERNESS CURVE 10- 84275 - 200 -02 1 $ 701.65 $ 701.65 1266 WILDERNESS CURVE 10- 84275 - 280 -02 1 $ 701.65 $ 701.65 1269 WILDERNESS CURVE 10- 84275 - 190 -02 1 $ 701.65 $ 701.65 1270 WILDERNESS CURVE 10- 84275 - 290 -02 1 $ 701.65 $ 701.65 1273 WILDERNESS CURVE 10- 84275180 -02 1 $ 701.65 $ 701.65 1274 WILDERNESS CURVE 10- 84275 - 300 -02 1 $ 701.65 $ 701.65 1277 WILDERNESS CURVE 10- 84275 - 170 -02 1 $ 701.65 $ 701.65 1278 WILDERNESS CURVE 10- 84275 - 310 -02 1 $ 701.65 $ 701.65 1281 WILDERNESS CURVE 10- 84275 - 160 -02 1 $ 701.65 $ 701.65 1282 WILDERNESS CURVE 10- 84275 - 320 -02 1 $ 701.65 $ 701.65 1285 WILDERNESS CURVE 10- 84275 - 150 -02 1 $ 701.65 $ 701.65 1286 WILDERNESS CURVE 10- 84275 - 330 -02 1 $ 701.65 $ 701.65 1289 WILDERNESS CURVE 10- 84275 - 140 -02 1 $ 701.65 $ 701.65 1290 WILDERNESS CURVE 10- 84275 - 340 -02 1 $ 701.65 $ 701.65 1293 WILDERNESS CURVE 10- 84275- 130 -02 1 $ 701.65 $ 701.65 1294 WILDERNESS CURVE 10- 84275 - 350 -02 1 $ 701.65 $ 701.65 1297 WILDERNESS CURVE 10- 84275 - 120 -02 1 $ 701.65 $ 701.65 1306 WILDERNESS CURVE 10- 84275 - 040 -01 1 $ 701.65 $ 701.65 R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1310 WILDERNESS CURVE 10- 84275 - 030 -01 1 $ 701.65 $ 701.65 1314 WILDERNESS CURVE 10- 84275 - 020 -01 1 $ 701.65 $ 701.65 1318 WILDERNESS CURVE 10- 84275- 010 -01 1 $ 701.65 $ 701.65 1319 WILDERNESS CURVE 10- 84275 - 010 -02 1 $ 701.65 $ 701.65 Subtotals 29 $ 20,347.85 39 Single - Family Lots TOTAL ASSESSMENT $ 27.364.35 IS Combined Assessment Roll Project Number PA1039 Petzding Proposed PID Address Addition Name Assessment Variance Assessment 10- 84275 -01 -010 1318 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -01 -020 1314 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -01 -030 1310 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -01 -040 1306 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -010 1319 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -020 1303 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -030 1299 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -040 1295 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -050 1291 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -060 1287 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -070 1292 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -080 1296 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -090 1300 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -100 1304 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -110 1308 Wilderness Lane Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -120 1297 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -130 1293 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -140 1289 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -150 1285 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -160 1281 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -170 1277 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -180 1273 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -190 1269 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -200 1265 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -210 1261 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -220 1257 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -230 1253 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -240 1250 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -250 1254 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -260 1258 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -270 1262 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -280 1266 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -290 1270 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -300 1274 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -310 1278 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -320 1282 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -330 1286 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -340 1290 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 10- 84275 -02 -350 1294 Wilderness Curve Wilderness Ponds $910.00 - $208.35 $701.65 Thursday, September 29, 2011 Page 1 of 2 LM Combined Assessment Roll Project Number PA1039 PID Address Addition Name Summary for 'SA_Nbr' = PA1039 (39 detail records) Sum Thw-sthg, September 29, 2011 Pending Proposed Assessment Variance Assessment $35,490.00 - $8,125.65 $27,364.35 Page 2 of 2 w C z i a 01 A ff In LO { N W !� w � w W - CO W +� ' r CM, CEO cn l A co Zo 7 . (w— L t_■ r n � " �: [ F( Y 74 a S` IN f:: `z, \✓ c o .+...1 uj CNO a♦ •a � f 4 4• 1 '_ Z O N OD co ¢ �:' �` - � GO �4tl c m Z S1 N _ O l: 717 OA A• �O 4 r E Z qM.. M M j - r ,l 'w -��• k * * O 2 :► x Cry § w • Agenda Information Memo October 4, 2011 Eagan City Council Meeting PUBLIC HEARINGS D. PROJECT 1045, GALAXIE/ CLIFF (PLAZA DRIVE) STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1045 (Galaxie/ Cliff/ Plaza Drive - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1045 provided for the street improvements of Plaza Drive in southwest Eagan. • The Final Assessment Roll was presented to the City Council on September 6, 2011, with a public hearing scheduled for October 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 21% less than the estimated benefit amounts that were presented at the original Public Hearing on December 21, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 26 to address all property owners' questions or concerns and provide any additional information of interest. Of the 13 parcels (7 Single - Family, 6 Commercial/ Industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages�Uthrough� al FINAL ASSESSMENT REPORT Contract Number of Number Parcels 11 -01 Terms 13 5/ 10 Yrs Interest Amount City Rate Assessed Financed 5.0% $64,172.69 $43,622.70 $77,300 FR $43,000 FR 19-7 PROJECT PUBLIC HEARING DATES Number: Project 1045 Assessment: October 4, 2011 Name: Galaxie /Cliff (Plaza Drive) Project Approval Date: January 4, 2011 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER LJ Trunk u Trunk u Lateral LJ Service LJ Lat. Benefit /Trunk WATER STREET LJTrunk LJ Gravel Base LJ Lateral u Surf. /Signs - Direct Access LJ Service Surf. /Signs - Direct Access $614.44 $ 775 Lot Eq Low Density Residential LJ Lat. Benefit /Trunk U Surf. /Signs - Direct Access $2,025.80 $ 2,560 Net Acre Commercial/ Ind '� WAC u Driveway - CI $79.50 $99 SY OTHER STREETLIGHTS LJ Service Pair u Installation LJ Energy Charge Contract Number of Number Parcels 11 -01 Terms 13 5/ 10 Yrs Interest Amount City Rate Assessed Financed 5.0% $64,172.69 $43,622.70 $77,300 FR $43,000 FR 19-7 4 City of Eap Memo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 29, 2011 Subject: Final Assessment Roll, Project 1045 Galaxie/ Cliff (Plaza Drive) Street Improvements At the public hearing on January 4, 2011, the City Council ordered Project 1045, and in accordance with the feasibility report, the following improvements were constructed: mill & overlay existing pavement, replacement of traffic and street signage, concrete entrance aprons and replacement of curb and gutter as needed for Plaza Drive. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess 100% of the street pavement, signage and entrance improvements to the benefiting commercial properties and 50% of the street pavement and signage improvements to the benefiting residential properties. The improvements were completed under Contract 11 -01. The following information was used in the preparation of the assessment roll for Project 1045. PROJECT COST The construction cost includes the amount of $79,983.04 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $699.85. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $27,112.50 were incurred resulting in an improvement and project cost of $107,795.39. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. % • CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COSTS REPORT Mill & Overlay/ Sign $41,869.45 $14,069.72 $55,939.17 $70,600 Repair Curb & Gutter 15,183.06 5,102.08 20,285.14 13,600 Concrete Entrance Aprons 23,630.38 7,940.70 31,571.08 36,100 $80,682.89 $27,112.50 $107,795.39 $120,300 % • ASSESSMENTS Trunk Assessments - No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvements Costs - The costs of the street overlay and street signage, and concrete entrance improvements were computed using the following unit prices and quantities: Street Overlay/ Signage ITEM UNIT CITY PRICE EXTENDED COST Mobilization LS 1.00 $ 2,970.60 $ 2,970.60 Mill Bituminous Surface (1.25 ") SY 2,625.00 $ 0.85 $ 2,231.25 Bituminous Material for Tack Coat GAL 375.00 $ 3.00 $ 1,125.00 Type SP 9.5 Wearing Course Mixture (3,B) TON 537.64 $ 40.00 $ 21,505.60 Type SP 9.5 Wearing Course Mixture (3,B) (Patch) TON 18.81 $ 90.00 $ 1,692.90 Adiust Gate Valve & Box EA 2.00 $ 60.00 $ 120.00 Repair Gate Valve Mid Section EA 2.00 $ 400.00 $ 800.00 Repair Gate Valve Top Section w/ Cover EA 4.00 $ 400.00 $ 1,600.00 Adjust Frame & Ring Casting EA 16.00 $ 485.00 $ 7,760.00 Adjust Frame & Ring Casting (Riser Adjustment) EA 1.00 $ 220.00 $ 220.00 Traffic Control LS 1.00 $1,144.25 $ $ 1,144.25 Install Traffic/ Street Signs LS 1.00 $ 699.85 $ 699.85 Subtotal 7,940.70 41,869.45 Other costs @ 33.60% $ 31,571.08 14,069.72 Mill - Overlay/ Street Sign Cost $ 55.939.17 Concrete Entrance Replacements 2 WE UNIT EXTENDED ITEM UNIT CITY PRICE COST Remove Curb and Gutter LF 167.00 $ 7.50 $ 1,252.50 Remove Concrete Driveway Pavement SY 35.00 $ 42.00 $ 1,470.00 Remove Bituminous Pavement SY 275.00 $ 7.25 $ 1,993.75 Remove Concrete Valley Gutter SY 70.00 $ 10.00 $ 700.00 Common Excavation CY 21.00 $ 30.00 $ 630.00 Type SP 9.5 Wearing Course Mix (3,B) (Patch) TON 7.10 $ 90.00 $ 639.00 7" Concrete Driveway Pavement - High Early SY 362.00 $ 39.74 $ 14,385.88 Repair 7" Concrete Driveway Pavement- High Ear SY 35.00 $ 59.13 $ 2,069.55 Sodding Type Salt Resistant SY 93.00 $ 3.00 $ 279.00 Compost /Topsoil Mixture TON 8.60 $ 24.50 $ 210.70 Subtotal 23,630.38 Other costs @ 33.60% 7,940.70 Concrete Ent Apron Replacement Cost $ 31,571.08 2 WE IMPROVEMENT AND ASSESSMENT RATES Commercial/ Industrial Street Improvements- The improvement and assessment rate for the street improvements for commercial/ industrial properties is computed as follows: Commercial /Industrial = 1,873/ 3,697 f.f = 50.7% [$55,939.17 (Mill & Overlay/ Signage Cost) x 100% x 50.7 %] = $28,361.16 (Total Commercial/ Industrial Assessment) $28,361.16 (Commercial /Industrial Assessment) 4 $2,025.80/ Net Acre 14.0 Net Acres Low Density Residential Street Improvements- The improvement and assessment rate for the street improvements for low density residential properties, and a standard residential street width (32' feet), is computed as follows: Low Density Residential = 641/ 3,697 f.f = 17.3% [$55,939.17 (Mill & Overlay/ Signage Cost) x 50% x 17.3% x 32/36] = $4,301.10 (Total Low Density Res. Assessment) $4,301.10 (Low Density Residential Assessment) 4 $614.44/Lot 7 Single Family Lot Equivalents Commercial/ Industrial — Concrete Entrance Apron Replacement - Assessment costs will be allocated to benefitting properties based on the individual entrance replacement/ repair costs for each commercial/ industrial property (6 total). The proposed assessment for each property for concrete entrance replacements, per actual cost of driveway repaired, approximately $80 per square yard is proposed as follows: ADDRESS AMOUNT 1865 Plaza Drive (1-1, 131 Galaxie Cliff) $ 3,467.44 1875 Plaza Drive (1-1, B1 Galaxie Cliff Plaza) $ 6,730.91 1885 Plaza Drive (1-1, 131 Galaxie Cliff Plaza 3rd) $ 10,198.36 1895 Plaza Drive (1-2, 131 Galaxie Cliff Plaza 3rd) $ 2,846.66 1905 Plaza Drive (1-3, 131 Galaxie Cliff Plaza 3rd) $ 2,031.48 1915 Plaza Drive (1-1, 131 Manley Plaza) $ 6,296.23 Total $ 31,571.08 ASSESSMENT TERMS - The assessments are proposed for a term of 10 years for commercial/ industrial properties and 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. q -b CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay/ Sign $55,939.17 $32,601.61 $23,337.56 Repair Curb & Gutter 20,285.14 0 20,285.14 Concrete Entrance Aprons 31,571.08 31,571.08 0 $107,795.39 $64,172.69 CITY FUND RESPONSIBILITY Major Street Fund: $43,622.70 John Gorder, P.E. Reviewed Reviewed Public Works Department l Finance Department Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I $43,622.70 9/ GJ �L 0 N N m m O N a c � Gl •— E U IA to G1 to X N Q f6 f0 � r Ln LL � O u v O L a U .F. Ln lD I lD Ln Ol M m 00 N M r i (a E 41 F,• aJ �D 00 lD 61 Un W c r-I -I M M e-i rl0-I I� r-I W lD Ln O O lD M c-1 r „j 00 cn H Q iA V} VT ilk V? VT i/? C 3 E 0 H N '7 v M Ol lD M O lD 00 N d' o N N N lD O M H Q V} VT V? V} V} V} i? +' a s 0 y N Ol N lD I 4 O Ol Ln Ln O Il lD O C) O 00 ui O O Vn � O m N p M 4+ H � H H �j Q tD V? N V} Ln V? m V? N i/} Ln V} Op N i/► L u O 00 O oo O m O 00 O 00 O o0 Q Ln Ln Ln Ln 41 w a N O N O N O N O N Cl N O Z N N N N N N 1 Y fa V? v Q � .-� M �n N rn N O N O 14 �n N c a Z r-I r-I ri ri r-1 ri O O O O O O O O O O O O t r ri N m ri O O O O O O O O — O O O 1 ,D d N r r- r N 00 00 00 00 00 rl 0 0 0 0 0 0 u u O Y u O Y u O Y u o Y U O Y O O Y O O m m m m m m m a r-I r-f r-I N M J �-+ O Y O ++ o i-+ O O O C C C 0 0 0 : t H O ' Z m N •D 'O Q "O "O Q "O 'O Q O a+ i2 CL 't} Q U M w C5 v L m m N m a L m m m a L m m N m a N f a a) E cu x w v� m m m U U U a) v (1) (6 f0 f0 N m m D 0 0 M N m m m m m ra a.. N to N (O N m N (O N m N (O 00 00 00 00 rn m m LL u 3 a f0 �L N f6 �u E E O u _O W C o_ t aJ a- 2 CL ai L Y y u . v t O a1 t v O_ 0 D. M a, Ln o0 ri c 0 0 T E 3 r v a > N >_ Ln � O cu o s � c v co - 0 O 0 � o E T 0 3 N Q) N 3 � i Ln O o + Ln d O U.) o 00 m 00 m 'O lfj C 00 00 ri n O 0 T Lr 3 00 > -1 a Y N O 00 C Ln O N Q N t6 (D U v O L Y C: a O Q1 - 6 v u V aJ 0 o c U 0 x u M N r•I m C aJ v v 00 � o 0 rl LLr N 'A m m v►I +n v'� T � (6 Q1 C > W O Q c \ � C C O v F- Z c W C N N W N LA Q J Q I- O F- o m � 0 0 - O Ln N O r+ m .-i m m r, V I 00 a) ID 00 - LD - -1 M LL LL L Y E o y E - U y C y � E a = U Z 1 O - 93 .zr d lzr v :r v 00 �t v lzr lz� v v O T a, rt rt ri 1-1 It r♦ v v ri ri E lD lfl W W l0 lD lD M H R Q1 Q m r O F- i/? t4 Tt 't lD l0 lD lD lD l� 1p aJ N Q C c v a W Y O J c-I `-i ri r-I c-I r-I ri O O O O O O O O O O O O O O r N m It Ln LD I O O O O O O O • Ln Ln Ln Ln V) Ln Ln m m m m m m m Ln Ln Ln Ln Ln Ln Ln 0 0 0 0 o O o H .i -i r, + C C C C C C C O_ O_ O_ O O O _O v a a a = a a Q Q Q Q Q Q Q V) VI VI V7 V) N N C C C C C C C f6 M 0D h0 hA OA to OD N a nz ro co m m m co R W W W W W W W r O O O O O O O F- QJ a) QJ Q) a) a) Q1 O O O O O O O Q Q Q ❑. Q Q Q 1 Y Y Y Y cu cc O O O O O O O L L L L L L u U U U U u u N V Q) aJ L a1 Q1 L aJ L v L Q) L Q) U U U U U U U L Q! Q1 QJ QJ (1) N Q1 a en on on UO bA oA tiA 00 -;t O w N 00 V' O O O Ol Ql 00 00 O) 0) � 00 00 00 00 H -i IH H ri ri M N r•I m C aJ v v 00 � o 0 rl LLr N 'A m m v►I +n v'� T � (6 Q1 C > W O Q c \ � C C O v F- Z c W C N N W N LA Q J Q I- O F- o m � 0 0 - O Ln N O r+ m .-i m m r, V I 00 a) ID 00 - LD - -1 M LL LL L Y E o y E - U y C y � E a = U Z 1 O - 93 Combined Assessment Roll Project Number PA 1045 PID Address Addition Name 10- 28200 -01 -010 1865 Plaza Dr Galaxie Cliff 10- 28700 -01 -010 1875 Plaza Dr Galaxie Cliff Plaza 10- 28702 -01 -010 1885 Plaza Dr Galaxie Cliff Plaza 3rd 10- 28702 -01 -020 1895 Plaza Dr Galaxie Cliff Plaza 3rd 10- 28702 -01 -030 1905 Plaza Dr Galaxie Cliff Plaza 3rd 10- 47265 -01 -010 1915 Plaza Dr Manley Plaza 10- 53775 -01 -010 1908 Ridgecrest Cir Oakpointe of Eagan 1st 10- 53775 -01 -020 1904 Ridgecrest Cir Oakpointe of Eagan 1st 10- 53775 -01 -030 1900 Ridgecrest Cir Oakpointe of Eagan 1st 10- 53775 -01 -040 1896 Ridgecrest Cir Oakpointe of Eagan 1st 10- 53775 -01 -050 1892 Ridgecrest Cir Oakpointe of Eagan 1st 10- 53775 -01 -060 1888 Ridgecrest Cir Oakpointe of Eagan 1st 10- 53775 -01 -070 1884 Ridgecrest Cir Oakpointe of Eagan 1st Summary for 'SA_Nbr' = PA 1045 (13 detail records) Sum $614.44 Pending Proposed Assessment Variance Assessment $15,779.00 - $6,092.35 $9,686.65 $14,346.00 - $2,530.33 $11,815.67 $15,421.00 $712.95 $16,133.95 $5,818.00 $999.33 $6,817.33 $6,150.00 - $2,092.72 $4,057.28 $14,350.00 - $2,989.27 $11,360.73 $775.00 - $160.56 $614.44 $775.00 - $160.56 $614.44 $775.00 - $160.56 $614.44 $775.00 - $160.56 $614.44 $775.00 - $160.56 $614.44 $775.00 - $160.56 $614.44 $775.00 - $160.56 $614.44 $77,289.00 - $13,116.31 $64,172.69 Friday, September 30, 2011 Page 1 of I q� J 7; xB. 'g ' � % � � / � � w ffl�!lf�t.t @( o-tFfEN� ', Z w V x NORTH 11 CLIFF RD. No M Milk, V Z , � Xi 5 fi r' ,` --3.07 Acres 7wi 7 -" 2.51 Acres e 1885 .93 Acres f 1.0 A cres Alf'% 1 915 2.50 Acres lkli . I- `-, - 1.96 Acres � V E OF 6 X • ADD(7 0 * , 1 2 Y V IN . . . . . . . . . . . . . . . :RIDGECREST CIR GALAXIE AVE. LEGEND Street Improvements Commercial Industrial $ 2,025.80/ Net Acre N Single Family $ 614.44 Lot i� Concrete Entrance - $ 79.50 / Sq Yd \17 Repair / Replacement 1; 811 112 0 1 1 Galaxie Cliff Plaza City of Ea MR Street Revitalization - Project 1045 V Engineering Department I Final Assessments 9s- Agenda Information Memo October 4, 2011 Eagan City Council Meeting OLD BUSINESS A. NICOLS RD WEIGHT LIMIT RESTRICTION ACTION TO BE CONSIDERED: Approve/ Deny removing the Load Limit Restrictions on Nicols Road from Silver Bell Road to the Burnsville City Limits. FACTS: • On August 1, 2011 the City Council received a request from Xcel Energy to remove the 4 Ton per Axle load limit restrictions recently placed on Nicols Road between Silver Bell Road and the Burnsville city limits. • At its March 15, 2011 meeting, the Eagan City Council authorized the posting of these load limit restrictions out of concern for the impact that the rerouting of the Black Dog Power Plant (BDPP) truck traffic might have on Nicols Road, especially during the spring thaw and flood seasons. Nicols Road has subsequently been evaluated and determined to be able to accommodate 10 ton per axle loads. • Earlier this year, Xcel Energy submitted an application to the Public Utilities Commission (PUC) to both expand the power generating capacity of the Black Dog plant in Burnsville and to convert the facility's remaining coal fired generators to natural gas. This estimated $600 million expansion and conversion project is planned to begin in 2012 and be completed by 2015. The existing coal fired generating units will be phased out of operation during this project. Unit #3 will be taken off line at the end of this year. Unit #4 will be gradually reduced in its production capacity due the elimination of their coal stock pile to accommodate the new fill being imported to the site. This will significantly reduce the resultant Fly Ash byproduct which is currently being trucked from the site via reduced loads along Nicols Road. • The western segment of Black Dog Road's connection to I -35W has been permanently closed since the spring flooding of 2010. Xcel and the City of Burnsville have reached a consensus to rebuild the Lyndale bridge near 35W by next spring/ summer to accommodate the project's construction traffic. They also have reached an understanding to provide a new permanent primary access to the facility by extending 12 Avenue through Burnsville's adjacent industrial park, subject to the PUC approval of the expansion project. A formal Memo of Understanding (MOU) is expected to be approved by Burnsville in the next 4 -6 weeks to be followed by individual specific agreements for each improvement. • In the interim, Nicols Road continues to be the primary access to the BDPP for its ongoing daily operational needs and Fly Ash removal. As an existing coal fired power plant, the BDPP generates approximately 20 -30 truckloads per week of Fly Ash. • In addition to the current Fly Ash truck traffic, the expansion/ conversion project will require approximately 66,000 truckloads of additional fill to be brought into the site. While Xcel plans to use the 35W connection for trucking material onto the site once the Lyndale bridge is rebuilt, it is not yet clear to what extent Nicols Road may be used for routing empty trucks away from the construction site. The empty trucks would be able to comply with the current reduced load limit restrictions. 1719 Agenda Information Memo October 4, 2011 Eagan City Council Meeting OLD BUSINESS A. NICOLS RD WEIGHT LIMIT RESTRICTION (continued) On August 1, the Council continued the Load Limit request to September 6 requesting Xcel Energy to reach a consensus and commitment with Burnsville regarding the construction of a permanent access road through Burnsville within the next 30 days, and directed staff to report back at the September 6 meeting on the progress for further consideration of the load limit restriction removal request. At the September 6 meeting, Xcel requested a continuance to the October 4 meeting to allow them more time to work with Burnsville and prepare their Traffic Management Plan which is now being presented to the Council. Xcel has reached an understanding with Burnsville on both the construction and permanent primary access to the site. A confirming letter from Burnsville is attached. ATTACHMENTS: • Xcel's Traffic Management Plan, pages q through • Burnsville letter, page no 61 BLACK DOG POWER PLANT REPOWERING PROJECT Eagan City Council Meeting October 4, 2011 Xcel Energy Request Eagan City Council lift the current four ton/ axle road restriction on Nicols Road. Pavement testing and analysis confirms that lifting the current weight restriction would not adversely affect Nicols Road. Moreover, utilizing standard weight trucks would significantly reducing trucking volume. Background The Black Dog repowering project (Project) consists of replacing the two remaining coal -fired generating units (Units 3 and 4) at the plant with cleaner - burning natural gas - fired, combined cycle, generation. The new facilities will be located in the current coal storage yard and ash pond area. Project Timeline YEAR ACTNITY 2011 -2012 Lyndale bridge replacement work begins in cooperation with City of Burnsville 2012 -2013 PUC approval. Site preparation and fill work to bring area above 100 -year flood level. Fill will settle at which _p oint piling and foundation construction work begins. 2014 Building erection and installation of large components. On -site 345kV transmission construction. 2015 Construction completion and facility start-u 2016 (January) Facility expected to be in commercial operation. Current Operations Timeline 1. Under current proposed EPA CSAPR rule, Unit 3 will cease coal -fired operations December 31, 2011. 2. Under current proposed repower timetable, Unit 4 will cease coal -fired operations in fall of 2014. Roadway/ Access Improvements and Agreement status with Burnsville 1. Lyndale discharge channel bridge replacement in 2011/ 2012. 2. Upon completion of bridge replacement, Black Dog Road will become the primary plant entrance for heavy hauls and similar trucking thus greatly reducing plant - related truck traffic on Nicols Road. 3. 12` Avenue entrance construction will begin upon PUC approval of the Project. Upon completion, the Black Dog Road and 12` Avenue entrances will serve as the primary plant entrances. 4. The 12` Avenue entrance is scheduled for completion within two years after construction begins. 5. Post Project, plant access from Nicols Road will be gated. This entrance will be used mainly for services, alternate access for emergency services, and potentially plant operations traffic should both Black Dog Road and 12` Avenue access be unavailable for some reason. q0 Construction - Related Traffic 1. Fill deliveries via 35W. a. Estimated site fill to require 66,000 truck load equivalents (assuming 25 tons per load). b. Assuming 10 hours/ day six days per week will equate to 7 months time to fill site if fill is delivered solely by truck. c. Black Dog Road will serve as the entrance for loaded trucks and holding area for site fill delivery trucks to be unloaded. d. Unloaded trucks will utilize available routes to exit. Available routes include Black Dog Road and Nicols Road. 2. Employee personal vehicles and small delivery vehicles will use available routes. 3. Construction workforce to reach approximately 300 workers during 2014/2015 timeframe. Normal Plant Operations Traffic Needs - Pre Lyndale Bridge Replacement 1. Black Dog Road is currently closed west of Black Dog plant due to Lyndale channel bridge status. 2. Normal plant operations traffic along Nicols Road include employee access, sanitation, UPS and similar deliveries, fly ash removal, delivery of aqueous ammonia, and miscellaneous traffic which periodically supports plant and community such as snow plows, occasional excavation equipment deliveries, emergency services, etc. 3. Fly ash removal conducted by LaFarge, an Eagan -based business. a. Estimate 1,400 trucks necessary per year for ash removal without 4 ton/ axle limit. b. 4 ton/ axle limit increases annual truck traffic by 3 to 4 times. Summary Request Xcel Energy requests that the Eagan city council remove the current 4 ton/ axle limitation on Nichols Road. Lifting of this restriction will reduce truck traffic volume by 34X per year without adversely affecting Nicols Road pavement. AET's pavement testing and analysis confirms that Nicols Road can handle standard 10 ton per axle weights. Xcel Energy anticipates shifting fly ash and similar truck traffic to Black Dog Road in 2012. Xcel Energy is committed to working cooperatively with Eagan city staff and council members in addressing any remaining questions or concerns regarding normal plant operations and the Project effects on Nicols Road. 49 City of B U R N S V I L L E 952- 895 -4400 100 Civic Center Parkway • Burnsville, Minnesota 55337 -3817 www.burnsville.org September 29, 2011 Patrick Cline Xcel Energy Director, Community Relations 414 Nicollet Mall Minneapolis, MN 55401 Ref: Black Dog Repowering and Expansion Project Dear Mr. Cline: We are in receipt of the September 15, 2011 letter from Mr. Kent Larson, Vice President and Chief Energy Supply Officer and the attachment to it, entitled "Black Dog Plant Issues and Proposals ". The City agrees that the letter and attachment correctly summarizes our general accord as to the principal items that will incorporated into our memorandum of understanding and ultimately a more detailed final agreement. As you know this was very challenging for both parties. In particular we are very pleased to have the basic provisions for the replacement of the Black Dog Road and the 12 "' Avenue extension worked out. Our Public Works Director is moving forward as quickly as possible with both projects. The Council has authorized several implementing steps already. We hope and believe that the bridge can be completed by next spring (of course conditioned on suitable weather) with the 12' Avenue extension being mobilized in conjunction with the Public Utilities Commission schedule and process. We will be working with you on the memorandum of understanding for these and the other items as quickly as possible and presenting it to our Council for formal adoption. Thank you for your assistance in working through the issues. We are very excited about the project and believe that the work that we have completed on clarifying the provisions for going forward will serve Xcel and the cities of Burnsville and Eagan very well. incerel City of Br nisville Craig L. Ebeling City Manager C: Tom Hedges — City Administrator — City of Eagan Joel Jamnik — City Attorney Steve Albrecht Jenni Faulkner Terry Schultz Tom Hansen M Agenda Information Memo October 4, 2011, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — MASTER TOOL AND DIE ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outdoor storage of waste and recycling containers on property located at 1950 Shawnee Road legally described as Lot 5, Block 2, Cedar Industrial Park, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned I -1 (Limited Industrial), and surrounded by similar zoning districts and businesses with outdoor storage. The 19,300 sq. ft. building was constructed in 1969. ➢ Two driveway entrances provide access onto Kennebec Drive and Shawnee Road. The site and storage area are paved with curb and gutter. ➢ Outdoor storage is allowed via Conditional Use Permit (CUP). The existing outdoor storage has been relocated to the side /rear yard. ➢ All outdoor storage standards are satisfied. ➢ The Advisory Planning Commission held a Public Hearing on September 27, 2011 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: October 16, 2011 ATTACHMENTS (3): Location map on page /Qe Draft September 27, 2011 APC mi utes on page L � Staff report on pages1Q-�tthrough NJ Project Name: 1950 Shawnee Road /Master Tool & Die, Inc. Request: Conditional Use Permit Case Nos.: 17- CU- 13 -08 -11 I I Feet 500 1,000 2,000 Legend e,�ft_A City Boundary Parcels \ Parks Buildings N City of Eagan Locati ®n �11ap Advisory Planning Commission September 27, 2011 Page 2 of 7 New Business A. Master Tool & Die, Inc. Applicant Name: Master Tool & Die, Inc. Location: 1950 Shawnee Road; Lot 5, Block 2, Cedar Industrial Park Application: Conditional Use Permit A Conditional Use Permit for outdoor storage of waste and recycling containers. File Number: 17- CU- 13 -08 -11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated September 21, 2011. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Jansma moved, Member Filipi seconded a motion toy recommend approval of a Conditional Use Permit to allow outdoor storage of waste and recycling containers on property located at 1950 Shawnee Road legally described as Lot 5, Block 2, Cedar Industrial Park, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota - County within 60 days of approval by the City Council. 2. The outdoor storago shall be limited to the items upon, and located in, the outdoor storage area as identified onthe Site Plan received'August 31, 2011. 3. A minimum 20 f emergency access aisle shall be designated and maintained on the west side of the building. 4. The chain link fence enclosure and mesh screen shall be installed no later than December 1,201,1 5. The mesh screen for the chain link fence shall be kept in premium condition. Replacement of the mesh cover shall occur immediately if it falls into disrepair. 6. The storage area shall be maintained in an orderly fashion. 7. The building exterior and foundation shall be repaired no later than June 1, 2012. 8. Existing landscaping shall be maintained and any dead plant materials shall be replaced. All voted in favor. Motion carried 7 -0. tai PLANNING REPORT CITY OF EAGAN REPORT DATE: September 21, 2011 APPLICANT: Master Tool & Die, Inc. PROPERTY OWNER: Same REQUEST: Conditional Use Permit CASE: 17- CU- 13 -08 -11 HEARING DATE: September 27, 2011 APPLICATION DATE: August 17, 2011 PREPARED BY: Sarah Thomas LOCATION: 1950 Shawnee Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of waste and recycling containers on property located at 1950 Shawnee Road legally described as Lot 5, Block 2, Cedar Industrial Park. AUTHORITY FOR REVIEW Outdoor storage is allowed via a Conditional Use Pen when conducted by an occupant of the principal building, subject to the regulations of the Conditional Use Permit and Outdoor Storage standards. 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 pen 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 hannonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. /ay- Planning Report — Master Tool & Die CUP September 27, 2011 Page 2 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. 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 pennits, 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 19,300 SF building located on the site was constructed in 1969. Master Tool & Die, Inc. designs and builds custom metal stamping dies and produces stamped parts. The company is a family owned business and was incorporated in 1972. A complaint regarding outdoor storage in this general area was received by City Code Enforcement staff in 2010. City staff began working with the property owner and they have since improved the site. A CUP is necessary for the storage of the waste and recycling containers. A Variance of 4% was granted in 1977 to allow building coverage of 39% of the property. The Variance included the loading dock in the NE corner of the property. r. Planning Report — Master Tool & Die CUP September 27, 2011 Page 3 EXISTING CONDITIONS Two containers for waste and recycling had been located within the front setback, adjacent to Kennebec Drive and have been relocated to the side of the building, behind the front building setback. During the code enforcement review of the property it was found that portions of the building exterior and foundation have become deteriorated. The property maintenance section of the City Code requires these issues to be repaired. A building permit is required to make the necessary repairs to the foundation and is included as a condition of approval. SURROUNDING USES The subject site is surrounded by I -1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding_ Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses. Site Plan — The Site Plan received August 31, 2011 provides the location of the outdoor storage in a side yard, within a fenced area that is 840 SF in size. The plan depicts two steel recycle bins, one garbage dumpster, two pallets and three barrels that may occasionally be located within the enclosure. Outdoor Storage — The standards for outside storage found in City Code Section 11.70 Subd.22 are outlined below. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. The proposal satisfies this condition. A 21 ft x 40 ft (840 SF) storage area is proposed adjacent to the rear of the building delineated by an 8 ft chain link fence. Gates are proposed on the north and south ends to provide the waste haulers with access. f U40 Plamling Report — Master Tool & Die CUP September 27, 2011 Paee 4 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposal satisfies this condition. The property is located on a corder lot and therefore has two front yards. The proposed storage is located behind the front of the building in the side /rear yard. 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposal satisfies this condition. The applicant proposes the chain link fence to be covered with screen mesh to screen from the public right -of -way. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposal satisfies this condition. The proposed Site Plan maintains the driving and maneuvering areas within the site. S. The storage area shall not take Lip required parking spaces or landscaping areas. The proposal satisfies this condition. The outdoor storage is proposed to be located upon existing bituminous and maintains 20 feet of clearance for emergency vehicles. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposal satisfies this condition. The Site Plan identifies the entire storage area as paved with bituminous. Existing Conditions — The existing parking and storage areas are paved with blacktop surfacing that is in generally fair to good condition. City code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The building is connected to City sewer and water services. Access /Parking Lot — Access to the site is currently from two driveway entrances, one onto Kennebec Drive to the west, and one onto Shawnee Road to the north. These entrances will remain unchanged. Financial Obli ag tion — At this time, there are no pending assessments on the parcel. Landscaping — No new landscaping is proposed. Existing landscaping should be maintained and any dead plant materials replaced. /6 Planning Report — Master Tool & Die CUP September 27, 2011 Pap,e 5 Grading/Stonn Drainage — The site is developed. No changes to the site grading or stonn drainage are proposed. Wetlands/Water Quality — There are no wetlands on the property and no increase to impervious surface is proposed. Tree Preservation — No new development and no tree removal is proposed. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of two steel recycle bins, one garbage dumpster, two shipping pallets and three empty barrels. No new construction is associated with this proposal. The site is located in an industrial area and the proposed outdoor storage occurs in the side /rear yard of the property. Outdoor storage is common in the area and the standards for outdoor storage are met. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of waste and recycling containers on property located at 1950 Shawnee Road legally described as Lot 5, Block 2, Cedar Industrial Park. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the items upon, and located in, the outdoor storage area as identified on the Site Plan received August 31, 2011. 3. A minimum 20 ft emergency access aisle shall be designated and maintained on the west side of the building. 4. The chain link fence enclosure and mesh screen shall be installed no later than December 1, 2011. 5. The mesh screen for the chain link fence shall be kept in premium condition. Replacement of the mesh cover shall occur immediately if it falls into disrepair. 6. The storage area shall be maintained in an orderly fashion. 7. The building exterior and foundation shall be repaired no later than June 1, 2012. 8. Existing landscaping shall be maintained and any dead plant materials shall be replaced. MW Project Name: 1950 Shawnee Road /Master Tool & Die, Inc. Request: Conditional Use Permit Case Nos.: 17- CU- 13 -08 -11 I I I Feet 500 1,000 2,000 Legend IM>» City Boundary Parcels \ Parks Buildings N 4 1� City of Eagan /� Location Map Current Zoning and Land Use Map City of Eap Application: Master Tool & Die, Inc. Type: Conditional Use Permit Case No.: 17-CU-13-08-11 Zoning 1-1 - Limited Industrial Land Use Plan IND- Limited Industrial P PD Subject Site RA < 1 R\ PD R-3 -- d IND � j IND v d-4 \ / MO IND Subject Site /)ND Lb IND M D LD 0 300 600 1,200 11D �� Feet S � s �x i 1{ {. } .`ff.'s. ,e -- -� - ' \,• ; * ;�',. it t a � t }� S "'.� F ew3. c � Vii__ ��"ir'.• � a� ', r �- s s t" r t✓ �. v ,R �:� �• �" =Fat, F1� _ _ y i � g ;f y k �' a' M� 1> f ♦ _ 3 i a � � �. � • �s �-ss - � '�� s , rim � a t F � � a _'�+''r's• gv' �'X .s _ s 5'x� �+ m ` . ' � s ! _- #+.° v. � �g� s PROPOSED FENCED IN STORAGE AREA, 21' X 40', BHILT WITH 0' TALL CHAIN -LINK FENCE WITH SCREEN MESH WILL DF HSFD TO STORE TWO STEEL RECYCLE BINS, ON[ GARBAGE DHMPSTFR AS WELL AS SHIPPING PALLETS AND EMPTY OARRFLS KENNEBEC DRIVE 0 oz 0 u GATE� ° o POWER LINIE 11 z s 143 TALL ❑ 0 000 Ea 20' ! — 21' ASPHALT POWER LINE 13,5' TALL ASPHALT s &ee MASTER TOOL I & DIE C ASPHALT 111' 1100411 41' o� 921 6• SITE PLAN: F m 70 D y NARRATIVE Re: Conditional Use Permit Request For: Master Tool & Die, Inc. 1950 Shawnee Road Eagan, MN 55122 Lot 5, Block 2, Cedar Industrial Park Comprehensive Plan: IND, Limited Industrial Zoned: l -1, Limited Industrial, and surrounded by Commercial, Industrial, and one EXEMPT, currently Residential zoned property (owned by MVTA). Master Tool & Die, Inc. is engaged in the business of designing and building custom metal stamping dies, as well as the production of stamped parts. Large volumes of waste metals are produced, requiring large recycling receptacles to be on site. Access by fork lift to the metal recycling receptacles is necessary from at least 2 directions for loading, and it is important that a short distance be maintained from the building rear overhead door so winter weather does not impair the operation of the fork lift. The recycling truck that picks up the receptacles requires clearance of 15 feet high and wide. Power lines running from the poles (marked on site layout) to the building prohibit passage of the truck to the other end of the building along the northwest side. The only space adequate for the storage and access of the receptacles is the northwest corner of the building. Master Tool is requesting a Conditional Use Permit for the purpose of screening the _ storage of waste and recycling containers from the public right of way. The enclosure will primarily be used to store a waste dumpster and steel recycling containers, and may occasionally be used for additional items i.e.: empty barrels for recycling; shipping containers and pallets; miscellaneous production equipment. The proposed enclosure is to be located at the northwest corner of the building as indicated on the enclosed plan. The enclosure will be constructed of 8 foot high chain link fencing fitted with polypropolene privacy screen on the north gate and west section. The enclosure will be abutted to the west wall of the building, the building serving as an enclosure wall, a chain link wall installed opposite and parallel to the building, and chain link gate installed on the north and south ends. Considering that Master Tool continues to struggle to recover from the recent years of severely depressed manufacturing, and in light of the more recent economic setbacks in the country, we would appreciate up to one calendar year to complete the work. Should the financial situation of the company allow, the work would be completed much sooner. v� t i Agenda Information Memo October 4, 2011, Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT — HERTZ RENTAL CAR ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow outdoor storage of five rental automobiles at 3040 Eagandale Place, legally described as Lot 1, Block 1, Eagandale Lemay Lake 2 nd Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: Hertz Rental Car proposes outdoor storage of five rental automobiles. The property is zoned Planned Development and developed with a Marriot, extended stay hotel. ➢ The 120 unit hotel is located upon on 4.4 acres. The Planned Development was approved in 1986 and consists of 16 buildings with 15 eight -plex units and 1 gate house with 3,000 SF common space. ➢ The buildings are clustered around the interior courtyard with parking and circulation on the perimeter. ➢ 135 parking stalls were required and 144 provided with the hotel development. ➢ The rental vehicles are proposed to be located behind buildings six and seven, within the existing parking lot of the hotel complex. ➢ The Advisory Planning Commission held a Public Hearing on September 27, 2011 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: October 16, 2011 ATTACHMENTS (3): Location map on page Draft September 27, 2011 APC minutes on pager I I —7 Staff report on pages tLFthrough I acp W Location Map tFi:TE CF NTER CU I- {' I e kRd • YanMee 0 a MI..RE ^ 111 E - 0 z ad= O a Country'Home.Park R y _ r, l7 - •...... �. e. ... �. .. .. p... Map Area Extent 2 Q FST c o C D_ 0 Subject Site ---^°-- z---•^^---------°------- ^-- G.SA:fi-NO 26 LONE-OAKROAD ° —/ ---- -- - -°- --- &SA:H-N0:26- 0 - r� - Xuav Ew ca , 1 ,!3 1 Moonshine Parkw c j i 0 r O � Z I J x TW W y < 0 O Z O / zl 0 M r 0 r Z Z_ O J wt c), prriY O ,cif? a y / Feet Project Name: 3040 Eagandale Place /Hertz Rental Car 0 500 1,000 2,000 Request: Planned Development Amendment Legend Case Nos.: 10- PA- 07 -08 -11 City Boundary O Parcels Parks Buildings N City of hyp 1 Advisory Planning Commission September 27, 2011 Page 3 of 7 B. Hertz Rental Car Applicant Name: Hertz Location: 3040 Eagandale Place; Lot 1, Block 1, Eagandale LeMay Lake 2 nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow overnight parking of five automobiles. File Number: 10- PA- 07 -08 -11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated September 23, 2011. Member Piper inquired about the location of automobiles on the property and if they would be screened from the residential properties. City Planner Ridley explained on the map where the vehicles would be stored and stated the surrounding buildings will provide screening from the'residential properties. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed public hearing and turned the discussion back to the Commission. Member Piper stated the reference of vehicles for sale is confusing and suggested all references to vehicles in the conditions be changed'to rental vehicles for consistency. City Planner Ridley explained, that staff added the conditionto, preclude rental vehicles from being offered for sale on the subject property. Member Supina moved, Member Jansma seconded a motion to recommend approval of a Planned Development'Amendment to allow the '`outdoor storage of five rental automobiles on property located at 3040 Eagandale Place legally .described as Lot 1, Block 1, Eagandale Lemay Lake 2 "d Addition, subject to the following conditions as amended. 1. A Planned Development -Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office within 60 days of City Council approval with receipt to the City.. The following plan'`is required for the Agreement: • Site ,Plan 2. Parking for the rental vehicles shall be according to the approved Site Plan submitted with this application (dated August 17, 2011). 3. Signs shall be erected identify the parking spaces approved for the rental vehicle locations. 4. The total number of rental vehicles shall not exceed five. 5. The sale of rental vehicles is prohibited. 6. Rental vehicle maintenance shall be limited to vacuuming. All other service and repair shall be prohibited. 7. No flags, balloons, banners, signs, pennants, ribbons, streamers, whirling devices, etc. shall be attached to rental vehicles. 8. The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the rental vehicles. (Ke Advisory Planning Commission September 27, 2011 Page 4 of 7 Following the motion being made, Member Filipi proposed clarifying that all references made to vehicles in this application refer to rental vehicles. The motion maker and second agreed. All voted in favor. Motion carried 7 -0. � l� PLANNING REPORT CITY OF EAGAN REPORT DATE: September 21, 2011 APPLICANT: Hertz Rental Car PROPERTY OWNER: EQI Financing Ptnshp II REQUEST: Planned Development Amendment CASE: 10- PA- 07 -08 -11 HEARING DATE: September 27, 2011 APPLICATION DATE: August 17, 2011 PREPARED BY: Sarah Thomas LOCATION: 3040 Eagandale Place COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Hertz Rental Car is requesting approval of a Planned Development Amendment to allow the outdoor storage of five rental automobiles on property located at 3040 Eagandale Place legally described as Lot 1, Block 1, Eagandale Lemay Lake 2 nd Addition. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Performance Standards - Outdoor Storage: 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: Ile Planning Report — Hertz Rental Car September 27, 2011 Page 2 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. 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. BACKGROUNDIHISTORY The City Council approved construction of a 120 unit hotel upon 4.4 acres as part of a larger development approval in 1986. Residence Inn by Marriot was the first extended -stay brand in the United States and was a key player in launching the concept of `suite' in a hotel. This brand includes rooms designed with separate sleeping and living areas with full- kitchens for travelers on extended stays. EXISTING CONDITIONS The approved Site Plan for the Residence Inn facility consists of 16 buildings, 15 eight -plex units and one gate house which contains an approximate 3,000 SF common office meeting area to be used by the residents. The buildings are clustered around an interior courtyard with general parking and circulation on the outside perimeter of the lot. 119 Planning Report — Hertz Rental Car September 27, 2011 Page 3 The 120 unit hotel required 135 parking stalls; however, based upon the 1986 plan submittals, 144 parking stalls were to be built. Also, there are no documented concerns regarding lack of parking at this location. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant proposes the outdoor storage of five rental automobiles. The cars will be located in parking spots behind building 6 and building 7, in the existing hotel parking lot. Hertz proposes to open an office within the office of the Residence Inn, on the second floor. Hours of operation are proposed for Monday through Friday, 8 a.m. — 5 p.m. and possibly 9 a.m. — noon on Saturday. One employee would be present during the business hours. According to the applicant's narrative, "We will have access to a cleaning area to vacuum out the cars. All other cleaning and vehicle maintenance will be done off site either at local vendors or at our Lakeville location." Also, "...no costumer cars will be allowed to park in the lot, and we will primarily be serving the customers of the hotel and surrounding community." Existing Conditions — The existing parking areas are paved with blacktop surfacing that is in generally fair to good condition. City code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The buildings are connected to City sewer and water services. Access /Parking Lot — Access to the site is currently from four driveway entrances onto Eagandale Place. These entrances will remain unchanged. Financial Obligation — At this time, there are no pending assessments on the parcel. lC�D Existing Use Zoning Land Use Designation North Gas Station (Lone NB, Neighborhood RC, Retail Oak Market) Business Commercial East Class I restaurant (Joe PD, Planned RC, Retail Senser's) Development Commercial South Office PD, Planned O /S, Office Service (Farm Bureau Mutual Development Insurance Company) West Apartments (Le May R -4, Residential HD, High Density Lake) Multiple Residential EVALUATION OF REQUEST Description of Proposal — The applicant proposes the outdoor storage of five rental automobiles. The cars will be located in parking spots behind building 6 and building 7, in the existing hotel parking lot. Hertz proposes to open an office within the office of the Residence Inn, on the second floor. Hours of operation are proposed for Monday through Friday, 8 a.m. — 5 p.m. and possibly 9 a.m. — noon on Saturday. One employee would be present during the business hours. According to the applicant's narrative, "We will have access to a cleaning area to vacuum out the cars. All other cleaning and vehicle maintenance will be done off site either at local vendors or at our Lakeville location." Also, "...no costumer cars will be allowed to park in the lot, and we will primarily be serving the customers of the hotel and surrounding community." Existing Conditions — The existing parking areas are paved with blacktop surfacing that is in generally fair to good condition. City code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The buildings are connected to City sewer and water services. Access /Parking Lot — Access to the site is currently from four driveway entrances onto Eagandale Place. These entrances will remain unchanged. Financial Obligation — At this time, there are no pending assessments on the parcel. lC�D Planning Report — Hertz Rental Car September 27, 2011 Page 4 Site Modifications — No site modifications are proposed. Landscape Plan — No modifications are proposed. Si na e — Due to being located within the Residence Inn — Marriott, the applicant does not propose any exterior signage. SUMMARY /CONCLUSION Hertz Rental Car proposes storing up to five rental vehicles. It appears that the site will experience minimum impact due to the amount of parking available and the number of rental vehicles proposed to be located on site. The parking of five rental cars at this location appears to be compatible with the site and surrounding uses. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the outdoor storage of five rental automobiles on property located at 3040 Eagandale Place legally described as Lot 1, Block 1, Eagandale Lemay Lake 2 nd Addition. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office within 60 days of City Council approval with receipt to the City. The following plan is required for the Agreement: • Site Plan 2. Parking for the rental vehicles shall be according to the approved Site Plan submitted with this application (dated August 17, 2011). 3. Signs shall be erected identify the parking spaces approved for the rental vehicle locations. 4. The total number of vehicles shall not exceed five. 5. The sale of vehicles is prohibited. 6. Vehicle maintenance shall be limited to vacuuming. All other service and repair shall be prohibited. 7. No flags, balloons, banners, signs, pennants, ribbons, streamers, whirling devices, etc. shall be attached to vehicles. 8. The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles. I CN Location fVlap A6. I . Lana k Rd �' Yankee Do �Ie.Rd Q ' t CO Z DIM., Rd Y O i. a Count ry•Home Park 2 DII(f Rd li + Map Area Extent . 0 aFSr 04 z i U e Subject Site ------- C.SAJ+ -N0 -26 LONE-OAK ROAD -^ --_-� , --° •_ °•' -•-- °-•s- C-GA;H- NO-26- ONEOAK• D: — ti02 FW DR k'Y.ueV ? 4 Moonshine Park L i Z ` O b v Z D �µ L U Q Z p O cr 0 r m O Z Z Y O O Y � vGP. H'Npi � FK' V a � t m O Q i kufticeolz r t U N tie Feet Project Name: 3040 Eagandale Place /Hertz Rental Car 0 500 1,000 2,000 Request: Planned Development Amendment Legend Case Nos.: 10- PA- 07 -08 -11 J0111M �n City Boundary Parcels Parks Buildings N 41 1� City E of i�aa 4 City of Eagan Current Zoning and Land Use Map Application: Hertz Rental Car Type: Planned Development Amendment Case No.: 10-PA-07-08-11 Zoning PD - Planned Development --- - - -- -- RD C.S.A.H. NO.26 (LONE OAK ROAD) NB Wil \ I � A Subject Site R-4 D -Z. PD R P\ P, /P D PD OAK Land Use Plan RC - Retail Commercial LD MD V IND N 0 300 600 1,200 mommEz=�� Feet Subje Site RC RC AT O/S RC J `h� d 3: . vs ' � �,°'.�� £•�" -a- `" ;4S'sw'#a`a4 SF; �1 ?h'�'a�+:(r 4``��,•��r ._�. ' t - f / w- ' t�+� ovo 77777 9� jai � .: x ,� �"•°i _. _ 5 � '}"'°� _ � &'k yes- r sc T t q' �'r •� r .{', , � c � . �'"" a � p - r -� � � _ i t i Y ` \ t :z t _ i 1 AS SITE PLAN t-12 —0 — 91 1 6909 6000 "." ao, A o t- N op 19 dL th ti a % � ob NARRATIVE Herter Hertz Local Edition 16055 Buck Hill Rd Lakeville MN 55044 Hertz Rental Car is planning on opening a satellite office inside the Residence Inn, located at 3040 Eagandale Place in the city of Eagan. We will occupy a desk inside of the sales office on the second floor of the property. Our time table would be to be operational by the beginning of October. We will have five parking spots in the rear of the building that we will have cars parked. We will also have access to a cleaning area that we will use to vacuum out the cars. All other cleaning and vehicle maintenance will be done off site either at local venders, or at our Lakeville location. We would like to have a presence in the city of Eagan to give its residents a top quality choice in rental car providers. The proposed location should have little impact on their surrounding area, no customer cars will be allowed to park in the lot, and we will primarily be serving the customers of the hotel and surrounding community. Our hours of operation will be Monday through Friday, 8am to 5pm, with a possibility of adding Saturday hours of gam to noon, in the future. The location would be staffed by a single employee that would be on site during business hours. About Hertz: The Hertz Corporation (www.hertz.com), a subsidiary of Hertz Global Holdings, Inc. (NYSE: HTZ), is the world's largest general use car rental brand, operating from approximately 8,500 locations in approximately 150 countries worldwide. Hertz is the number one airport car rental brand in the U.S. and at 83 major airports in Europe, operating both corporate and licensee locations in cities and airports in North America, Europe, Latin America, Asia, Australia and New Zealand. In addition, the Company has licensee locations in cities and airports in Africa and the Middle East. Product and service initiatives such as Hertz #1 Club Gold NeverLost customized, onboard navigation systems, SIRIUS XM Satellite Radio, and unique cars and SUVs offered through the Company's Adrenaline and Green Traveler Collections, set Hertz apart from the competition. In 2008, the Company entered the global car sharing market in London, New York City and Paris. Hertz also operates one of the world's largest equipment rental businesses, Hertz Equipment Rental Corporation, offering a diverse line of equipment, including tools and supplies, as well as new and used equipment for sale, to customers ranging from major industrial companies to local contractors and consumers from approximately 320 branches in the United States, Canada, France, Spain, Italy, China and Saudi Arabia, as well as through its international licensees. 1aC� Agenda Information Memo October 4, 2011, Eagan City Council Meeting C. COMPREHESNIVE GUIDE PLAN AMENDMENT (CENTRAL PARK COMMONS) — CSM EAGAN, LLC ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area - Retail Commercial upon approximately 41.2 acres of a 47.4 acre site located at 3333 Pilot Knob Road, legally described as Lot 1, Block 1, Unisys Park 2 nd Addition and part of Lot 2, Block 1, Unisys Park 2 nd Addition lying southerly and easterly of Central Parkway (OR direct preparation of findings of fact for denial). REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: ➢ The applicant is requesting a change in the land use designation from SA — Major Office to SA — Retail Commercial upon 41.2 acres of the 47.4 acres site. 6.2 acres in the northwest portion of the subject site will remain designated Special Area -Major Office. ➢ The current land use designation within the Central Commons Special Area Plan is Major Office. The current zoning designation is RD, Research and Development. ➢ The site contains an existing multi -story office building of approximately 620,000 s.f. and surface parking. Access to the site is provided in several locations from Central Parkway, with one direct access to Pilot Knob Road. ➢ The first building permit for this site was issued in 1966. Subsequent expansions to the building were done in 1977 and 1981. The first plat occurred in 1983 and subsequent subdivisions and replatting in 1988 and 1990 resulted in the current parcel configuration. ➢ After the City acquired nearby property for Central Park in 2000, Central Parkway was constructed as a public street adjacent to the subject site. ➢ The City of Eagan's first Comprehensive Land Use Guide Plan in 1974 identified the use of this property as Research and Development. ➢ In 1995 the City amended its Comprehensive Plan by designating the area around the convergence of Pilot Knob, 1-35E and Yankee Doodle Road as Central Area, and a small area land use plan was developed which identified the subject site for major office development. ➢ In subsequent amendments to the Comprehensive Plan and the small area plans for the Central Area, later Special Area 4, and currently Central Commons, the property remained designated for office use and the Research and Development zoning remained. ➢ The scale of the proposed redevelopment necessitates preparation of an Environmental Assessment Worksheet (EAW), which will need to be completed prior to Preliminary Subdivision. ►ary ➢ A traffic study is currently underway and results will be provided if available in time for the Council meeting. The traffic study is one part of the EAW that would be required for redevelopment of the site. ➢ As required by the Metropolitan Council for land use amendments of this size, adjacent communities and other potentially affected agencies have been notified of this proposal. To date, those who have responded have had no comments. Comments are anticipated from Dakota County and will be provided to the Council if received before the Council meeting. ➢ The staff report identifies conditions and considerations for redevelopment specific to this site such as easement needs, infrastructure availability and capacity, airport noise considerations, EAW requirements, etc. ➢ The APC held a public hearing on September 27, 2011 and did recommend approval of the Comprehensive Guide Plan Amendment. ISSUES: ➢ The 2030 Comprehensive Guide Plan incorporates three key planning trends of sustainability, active living and connectivity which are woven throughout multiple chapters of the City's Comprehensive Guide Plan. Policies specific to the Central Commons Special Area and Economic Development are discussed in more detail in the staff report. ➢ Within that context, the Council will want to determine whether there would be rational bases for a retail redevelopment of a substantial portion of the Lockheed Martin site? Considerations may include: ➢ Whether the proposed amendment would have an adverse impact on existing retail development elsewhere in the Central Commons area and redevelopment activity currently underway in Cedar Grove. ➢ The appropriate focus and balance of jobs, external market, quality of life and tax base diversity for the community. ➢ The extent to which that decision would be based on a future development proposal reflecting goals and policies outlined in the Central Commons Special Area plan? ➢ The Central Commons Special Area plan has specific policies related to density and mixtures of uses, quality of design, pedestrian orientation and connections, verticality and shared or structured parking among others discussed in the staff report. While not all of the policies may be achieved in every part of the Central Area, are there specific priorities, parameters or expectations the developer should focus on in order to make a future development proposal align with the Council's vision for the area? ➢ The APC expressed interest in the possible preparation of a retail market study as part of the future consideration of the amendment. It was noted that the appropriate scale of retail development of the site may be more or less than the developer has proposed. If the Council determines there to be a rational basis for further consideration of the proposed amendment, what additional information, studies or analysis, if any, would be necessary to help reach an ultimate conclusion on the amendment? ➢ The current use of the Lockheed Martin site has permitted it to be available for shared parking for activities at the Eagan Community Center, particularly the annual 4 of July celebration. Unlike Lockheed Martin's use, retail uses would be expected to be open at that time. To what extent would the Council expect the future development to make provision for shared parking for this purpose? 60 -DAY AGENCY ACTION DEADLINE: Not applicable to land use amendments. ATTACHMENTS (4): � ➢ Location Map, pages L".� ftrttgh ➢ Planning Report, pages throughj� ➢ September 27, 2011, APC minutes (draft), pages (84 through ➢ Staff Memo regarding Comprehensive Plan Amendment and Development Application Process, pages te4 through Lfg /3� Location I�ap Hot Knob Park nRD FP S n s v i - S - rem Centra l Park Parka ® L 0 0 00 a =: s 0 U Quarry ANRYR Subject Site KEE-0OODL-E- ROAD) -- �-- s ► ® ��11lI��d�11U�p ►r® �� 1111111/ l • s /�r.�lll e� 1111/_ _snow Map Area Extent _ tI— 3 1 f y ■w: l F/Jo IVY ' s x _- t' 7 nO 2B'TVA KEE'Di7, io•r � NiF P Project Name: Central Park Commons Request: Comprehensive Guide Plan Amendment Case No.: 09- CG- 02 -08 -11 Feet 0 500 1,000 2,000 Legend J=110 16,4 City Boundary Parcels Parks Buildings N Ol City of Eagan � PLANNING REPORT CITY OF EAGAN REPORT DATE: September 22, 2011 APPLICANT: CSM Eagan, LLC PROPERTY OWNER: CSM Eagan, LLC REQUEST: Comprehensive Guide Plan Amendment CASE: 09- CG- 02 -08 -11 HEARING DATE: September 27, 2011 APPLICATION DATE: August 17, 2011 PREPARED BY: Pamela Dudziak LOCATION: 3333 Pilot Knob Road COMPREHENSIVE PLAN: SA -MO, Special Area - Major Office ZONING: RD, Research and Development SUMMARY OF REQUEST CSM Eagan is requesting a Comprehensive Guide Plan Amendment to change the land use designation from Special Area — Major Office, to Special Area — Retail Commercial upon approximately 41.2 acres of the 47.4 acre subject site, bounded by Yankee Doodle Road to the south, Pilot Knob Road to the east and Central Parkway to the north and west, legally described as Lot 1, Block 1, Unisys Park 2 nd Addition and part of Lot 2, Block 1, Unisys Park 2 nd Addition lying southerly and easterly of Central Parkway. AUTHORITY FOR REVIEW 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. 151 Planning Report — CSM, Central Park Conunons September 27, 2011 Page 2 BACKGROUND /HISTORY Histor — This property contains a multiple story office and research building occupied by Lockheed Martin. The initial building pen upon this site was issued in 1966. Expansions occurred in 1977 and again 1981, followed by the first plat (Sperry Park) in 1983 consisting of a 212 acre parcel. The property was later subdivided and replatted in 1988 and 1990, resulting in the current parcel configuration. The property was developed with an internal private street system serving this property and the major office developments to the north and northwest. In 2000, the City acquired the adjacent property for Central Park and constructed a public street, Central Parkway, abutting the subject site to the north and west along approximately the same alignment as the existing private street. Following Lockheed Martin's announcement to close this Eagan facility, CSM acquired the property and is now proposing to redevelop the site with retail commercial uses upon approximately 41.2 acres and retain major office uses upon the balance of 6.2 acres. Zoning — The Property is currently zoned RD, Research and Development. The RD zoning was established in 1966. Prior to that the property was zoned Agriculture. Comprehensive Land Use Guide Plan — The city's first comprehensive land use guide plan and map were prepared in 1974. That plan designated the property R &D, Research and Development, and it remained so until 1995. In 1995, the City amended the Comprehensive Guide Plan to designate the area surrounding the convergence of I -35E, Pilot Knob Road and Yankee Doodle Road to CA, Central Area and adopted a small area land use plan for the Central Area. The subject site was included in the northwest quadrant of the Central Area and was identified in the small area plan for major office development. The major office portion of the Central Area encompassed a corporate campus area which in addition to the Lockheed Martin facility, also included Unisys to the north (1986), Delta/NWA to the northwest (1982), and remaining vacant land to the west. With the city -wide update of the Comprehensive Guide Plan in 2001, the City adopted the new Special Area land use designation which included this site and had the same boundaries as the previous Central Area. In addition, the R &D land use designation was eliminated and under the new land use designation, properties previously designated R &D were designated O /S, Office /Service or BP, Business Park. With the adoption of an updated small area plan for Special Area 4 in 2003, this site was designated for a land use of Office /Service. With the most recent city -wide update of the Comprehensive Guide Plan in 2010, a new land use category of MO, Major Office was adopted. This Special Area was updated as Central Commons and the property was given a land use designation of MO, Major Office. EXISTING CONDITIONS The site is developed with a multi -story office and laboratory facility consisting of approximately 620,000 s.f. The building is centrally located on the site, with parking to the north, south and west. A small parking lot is also located east of the building. The building footprint occupies approximately 12% of the site. Including the paved areas, the site has i5-a Planning Report — CSM, Central Park Commons September 27, 2011 Page 3 approximately 56% impervious coverage. Access to the site is provided from Central Parkway in six locations. One direct access to Pilot Knob Road is provided. Direct vehicle access is not available to Yankee Doodle Road, however, a pedestrian connection links the site to the trail along Yankee Doodle Road. Large green areas exist and within the past few years, Lockheed Martin had implemented some Low Impact Development measures to reduce storm water runoff and maintenance costs associated with lawn care. Existing vegetation includes landscaped areas of turf grass, native plantings, and landscape trees in green spaces and parking islands. Subdividing and replatting of the property will be required as part of the proposed redevelopment of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST PROPOSAL The applicant has submitted a proposal to amend the land use designation of this 47.4 acre site. The proposed land use amendment identifies 41.2 acres of the site to be Retail Commercial and 6.2 acres to remain the existing Major Office. In addition, the applicant provided a conceptual development plan for the site which identifies the construction of 480,500 square feet of commercial retail space in multiple buildings upon the proposed 41.2 acres of Retail Commercial land use and construction of 75,000 square feet of new office development upon the 6.2 acres of Major Office land use in the northwest portion of the site. The action to be considered in this application is whether to allow the change in land use from Major Office (MO) to Retail Commercial (RC) for a portion of the site. If the amendment application is considered favorably, specific development plans will be reviewed at the time of a future development application for rezoning and subdivision. Therefore, the submitted conceptual development plan may illustrate a potential development, but it is not a part of the action before the City at this time. 133 Existing Use Zoning Land Use Designation North Central Park Park SA -Park, Open Space and Recreation East Commercial — office LB, Limited Business and SA -O /S, Office /Service and restaurant PD, Planned Development South Retail Commercial GB, General Business and SA -RC, Retail Commercial PD, Planned Development West OfficeNacant PD, Planned Development SA -MO, Major Office an SA -O /S, Office /Service EVALUATION OF REQUEST PROPOSAL The applicant has submitted a proposal to amend the land use designation of this 47.4 acre site. The proposed land use amendment identifies 41.2 acres of the site to be Retail Commercial and 6.2 acres to remain the existing Major Office. In addition, the applicant provided a conceptual development plan for the site which identifies the construction of 480,500 square feet of commercial retail space in multiple buildings upon the proposed 41.2 acres of Retail Commercial land use and construction of 75,000 square feet of new office development upon the 6.2 acres of Major Office land use in the northwest portion of the site. The action to be considered in this application is whether to allow the change in land use from Major Office (MO) to Retail Commercial (RC) for a portion of the site. If the amendment application is considered favorably, specific development plans will be reviewed at the time of a future development application for rezoning and subdivision. Therefore, the submitted conceptual development plan may illustrate a potential development, but it is not a part of the action before the City at this time. 133 Planning Report — CSM, Central Park Commons September 27, 2011 Page 4 The existing MO land use designation is intended to provide a mix of corporate office buildings, research and development facilities, educational /vocational institutions, and hotels. The proposed RC land use designation is intended to provide areas for a variety of retail related uses such as shopping centers, supermarkets, drugstores, convenience center /gas stations, restaurants, hotels and other businesses offering goods and services. The applicant's narrative indicates the redevelopment plan proposes a "pedestrian friendly, mixed use project" that is "noticeably different than existing retail hubs in the area." The applicant's stated intent is to provide "high- quality integrated building design in order to create a cohesive identity and further define a sense of `place' unique to the City of Eagan." The narrative provides more detailed descriptions of the proposed redevelopment with regard to site layout, building design, vehicular and pedestrian circulation, and parking. In addition, the narrative describes the use of plazas and common areas, sculptures, and entry monuments to further define a sense of place, and the use of ponding as site amenities, possibly including fountains, "to provide visual interest and mitigate noise." Parkin — While evaluation of the specific concept plan is generally done at the time of a subdivision or rezoning application, the applicant has specifically requested input with regard to parking stall sizes. According to the narrative, the submitted Concept Plan utilizes "10x19 stalls in the largest parking field and 9x19 stalls elsewhere." City Code requires a minimum parking stall size of 10' x 19'. While this deviation will be specifically addressed with a future development application, City policy makers may choose to comment in the context of this amendment request. ENVIRONMENTAL IMPACTS Topography — The site is generally open, with areas of mature landscape trees, and slopes from southeast to northwest with elevations ranging from 914 to 865. Stone Water Drainage — The entire site lies within Drainage District C (as designated in the City Stone Water Management Plan — 2007). The entire site flows north toward Central Parkway and Pond CP -4 within Central Park. A deferment agreement between the property owner (now CSM) and the City calls for payment of City stone water trunk fee, payable by the owner upon redevelopment of this site at the current City rates. Water Quality — The redevelopment of this site will be subject to compliance with the City's Post Construction Requirements (City Code §4.33) for storm water volume and pollutant control. These regulations include design standards for volume control and reduction, total phosphorus control, total suspended solids control, oil and grease control, and runoff rate control performance standards. They also provide for minimization of impervious surface area and maximization of infiltration and retention, acceptable complementary storm water treatments, pond requirements, regional ponding, and maintenance of private stone water facilities. While the site presently has 40% or more green space, the green space requirement of 30% minimum for retail commercial land uses is higher than the green space requirement of 25% for OLT Plamaing Report — CSM, Central Park Commons September 27, 2011 Page 5 the current major office land use designation under Research and Development zoning. Given this, the resulting stone water runoff volume from a potential commercial/ retail development would likely be less than if the property were built out fully with major office uses. Wetlands — There are no wetlands on this parcel. Consequently, Eagan's Wetland Protection and Management Regulations (City Code § 11.67) would not apply to the proposed redevelopment. Trees/Vegetation — The site is developed and vegetation consists primarily of turf grass and landscape trees. Redevelopment of the site would be subject to compliance with the City's Tree Preservation Ordinance (Sec. 11.70, Subd. 13) which applies to new developments and new building construction. The impact to existing trees and any applicable mitigation will be detennined at the time of a specific development application. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed land use designation associated with this request is Retail Commercial. The subject site is located partially within the one -mile buffer area of Noise Policy Zone 4. The adopted zoning standards consider retail commercial uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Environmental Assessment Worksheet /Environmental Impact Statement — The scale of the development necessitates preparation of an Environmental Assessment Worksheet (EAW), which will need to be completed prior to Preliminary Subdivision. Summary — Environmental Impacts Redevelopment of the site will be subject to City's post - construction standards for storm water management and water quality control. There are no existing wetlands, and vegetation consists largely of turf grass and landscape trees with some naturalized areas. An existing deferment agreement requires payment of City storm water trunk fees with redevelopment of the site. The proposal for Retail Commercial land use is consistent with Airport Noise Policy Zone 4. INFRASTRUCTURE IMPACTS Streets /Access /Transportation — The primary accesses for redevelopment of the site will be to Central Parkway, a 58 -foot wide divided roadway with a bituminous trail, a landscaped center median and turn lanes at major intersections, which intersects with both Yankee Doodle Road (CSAH 28) and Pilot Knob Road (CSAH 31). Central Parkway is the northwest section of the overall "Ring Road" concept designed to help alleviate traffic congestion at the intersection of Yankee Doodle Road and Pilot Knob Road. In 1991, the City amended the Transportation Element of the Comprehensive Guide Plan to identify the "Ring Road" concept. The final segment of this Ring Road which consists of the extension of Duckwood Drive over 1 -35E ultimately connecting Federal Drive with Pilot Knob I �S_ Plarming Report — CSM, Central Park Commons September 27, 2011 Page 6 Road is currently under construction, to be completed by December 2011. When completed, the Ring Road will provide a continuous loop connecting land uses around the intersection of Pilot Knob Road and Yankee Doodle Road. In addition to providing access, the Ring Road will provide an alternative to the congested Pilot Knob Road/Yankee Doodle Road intersection. The applicant has contracted with a traffic engineering consultant, SRF Consulting Group, to perform a comprehensive traffic study for the area. The study will include current traffic generation, estimated traffic generation (both maximum build -out with current major office land use and proposed redevelopment), analysis of key roadways and intersections along Yankee Doodle Road and Pilot Knob Road, and any improvements necessary with the proposed land use change. This traffic study is anticipated to be completed by the end of September, 2011, and will be available for the City Council's consideration of this proposal. Any redevelopment of the site will be required to install an 8 -feet wide blacktop trail along the east and south sides of Central Parkway. Easements /Permits /Right -of -Way — Redevelopment of this property will be required to dedicate additional public right -of -way along Pilot Knob Road (100 feet from road centerline) for future upgrade needs of the roadway. Sanitary Sewer — Trunk and lateral sanitary sewers are available to the north for connection by redevelopment of this site. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. The wastewater flows associated with possible commercial/ retail development are estimated to be similar to those anticipated with existing major office land uses. Therefore, the lateral and trunk sanitary sewer lines serving the area would have sufficient capacity to accommodate the proposed land use change. Water Main/ Supply — Water main of sufficient size and capacity is available for redevelopment of the property. The water demands associated with possible commercial/ retail development are estimated to be similar to those anticipated with existing major office land uses. The City's Water Supply & Distribution Plan (2008) identifies the need for a future supply well and associated raw water transmission lines along the east portion of the property. Redevelopment of this site will be required to dedicate sufficient public easement and access for the construction of this well and transmission line pipes. Summary — Infrastructure Impacts Additional right -of -way dedication for Pilot Knob Road will be required with replatting of the property for redevelopment. Any redevelopment of the site will be required to install an 8 -feet wide blacktop trail along the east and south sides of Central Parkway. A traffic study is currently being undertaken to study traffic generation and patterns in this area and identify any improvements necessary with the proposed land use change; study results are anticipated to be available for the City Council's consideration of this proposal. ml , Planning Report — CSM, Central Park Commons September 27, 2011 Page 7 Existing water main and lateral and trunk sanitary sewer lines are of sufficient size and capacity to accommodate the proposed change in land use for redevelopment of the property. Dedication of sufficient public easement and access for the construction of a future supply well and transmission line pipes along the east portion of the property will be required with redevelopment. COMPREHENSIVE LAND USE IMPACTS Commercial Land Supply — All of the land in the City is designated in the Comprehensive Guide Plan for one of three general land use classifications: residential, commercial, and industrial (excluding the public and quasi - public property such as parks, schools, churches, etc.) Excluding such properties, 16% of the City's land supply is designated for commercial land uses, 19% for industrial land uses, and 63% for residential land uses, with 2% designated as mixed use. Commercial /Industrial Land Use Designations — In the City of Eagan, land designated for commercial /industrial uses in the Comprehensive Guide Plan totals approximately 4,280 acres, or 31% of the non - residential land. The commercial /industrial land supply is categorized into five designations: MO -Major Office, O /S- Office /Service, RC- Retail Commercial, BP- Business Park, and IND- Limited Industrial, with additional land within MU -Mixed Use category. Commercial /industrial land uses may also be located within Special Area boundaries. Special Areas indicate planning areas where unique circumstances exist that can be best dealt with in a cohesive manner with a plan specific to that location. The Comprehensive Guide Plan specifies which land use types are considered consistent and compatible with each land use designation. Within Special Areas, a small area plan lays out specific goals and policies for that area, and provides a desired vision while at the same time remaining flexible to allow for creative private sector responses to meeting that vision. Comprehensive Guide Plan Goals and Policies — The 2030 Comprehensive Guide Plan focused on the three key planning trends of Sustainability, Active Living and Connectivity. These themes are woven throughout multiple chapters of the City's Comprehensive Guide Plan. With more than 95% of the City's land are developed, the Comprehensive Guide Plan directs how the community can help improve what already exists and create a more desirable, complete community as it continues to evolve. Below is a summary of strategies to support and encourage further these three themes as outlined in the land use section (Chapter 3) of the Comprehensive Guide Plan. • Sustainability: use of compact and mixed use development patterns, transportation patterns that reduce reliance on commuter traffic, impact of parking requirements on impervious surface, use green building design and low impact storm water management techniques. • Active Living: creating compact mixed use neighborhoods with accessible transit, enhanced trail connections and bicycle facilities, enhanced streetscapes (with trees, benches, and pedestrian scale lighting), social gathering places to meet pedestrian needs, and places where people can live and work without an automobile. )5� Planiung Report — CSM, Central Park Commons September 27, 2011 Page 8 • Connectivity: ensuring sidewalk and trail connections to community facilities and shopping areas, creating inviting gathering places (such as plazas and outdoor eating areas), enabling technological advancement through a world -class broadband network, and establishing a sense of place and facilitating navigation through identification and naming of trail segments. The Special Area Plan for Central Commons also establishes several policies and a vision plan to guide development and redevelopment within the area. While redevelopment of the northwest quadrant and Major Office areas is not specifically contemplated, the Central Commons Special Area Plan envisions this area as "an active, mixed use and walkable destination for people of all ages from within and outside of Eagan," a place with a mixture of uses including "residential, commercial, employment and park." Specific development and redevelopment proposals should be evaluated on how well they achieve the community's vision and conform to policies, and "each redevelopment opportunity should strive to move toward the ultimate vision for the area" while also respecting existing land uses and property owners. One policy of the Central Commons Special Area Plan is to understand the context of the development /redevelopment proposals within Eagan and the Central Area, which is further explored elsewhere in this report. Another policy of the Central Commons is supporting dense, mixed -use development with a range of retail, office, services, medium -high density residential, employment and public space uses. Other policies address design principles such as placement of buildings closer to streets, incorporating public gathering places or linked amenity areas, enhancing pedestrian connections and amenities, encouraging use of design guidelines for a cohesive appearance, and supporting sustainable building and site design practices. Summary — Comprehensive Land Use Impacts Commercial /industrial land uses comprise approximately 31 % of the City's non - residential land. Such uses include both the Major Office and Retail Commercial designations. The subject site is located within the Central Commons Special Area and the City's Comprehensive Guide Plan includes specific goals and policies for the Special Area as an active, mixed use and walkable destination. This proposal should be evaluated on how well it achieves this vision and conforins to these policies, as well as its context both within Eagan and the Central Area. ECONOMIC DEVELOPMENT IMPACTS Tax Generation Comparisons — The applicant has identified an estimated property tax differential between the site with the current Lockheed Martin building ($295,611) and the development intensity identified in their current Concept Plan included in the application materials ($2,200,000). Comprehensive Guide Plan amendment considerations do not include an analysis of the tax generation potential of alternative uses. Staff notes, however, that the calculation of the applicant's estimate of property taxes in general is reasonably accurate based on the assumptions in value. It should be noted that the estimates are for the total tax bill; Eagan typically directly receives about 13% of the property taxes and some distribution from the fiscal disparities taxes paid by commercial /industrial property with the balance going to other taxing 139 Planning Report — CSM, Central Park Commons September 27, 2011 Page 9 jurisdictions. This percentage would apply both the current tax figure and the projected amount noted above. The estimate is based on full value so there would be a lag before the full value of the new development is actually received as is the case with any new development. Office and Retail Market Analysis — The developer's narrative provides a basic market analysis regarding the inventory of office buildings and land in Eagan and the Twin Cities region and the feasibility of marketing the existing Lockheed Martin building for reuse as a corporate headquarters or a multi- tenant office facility. They conclude that the combination of the existing land inventory, the age and single -user layout of the existing Lockheed Martin building and the presence in the regional market of other vacant headquarters scale properties limits the market for the Lockheed Martin site to continue to be used or be redeveloped in an economically feasible way under its current Major Office land use designation in the foreseeable future. The policy makers' perception of the ability of the market to replace or reintroduce the levels of head of household jobs that were historically housed at this site is a key consideration to the Comprehensive Guide Plan decision. As a net employer, the City of Eagan has been careful to encourage the development of a substantial proportion of the community for a diversity of businesses and that remains an important policy priority of the City. Policy makers will want to consider whether those needs are best met by maintaining the expectation that such businesses and jobs will be located at this site or whether they can and will be met among the other properties in other parts of the City that have and will have that kind of development in the future. Comprehensive Guide Plan Goals and Policies — The Economic Development section of the Comprehensive Guide Plan includes goals and policies to support a "broad range of businesses in terms of size, type and market emphasis" that "produce goods and services for regional, statewide, national and international markets" and "to support a broad range of employment opportunities for all residents of the City." At the same time, the Guide Plan's policies state that the City will "strive to retain, expand and diversify retail and service opportunities for Eagan residents, employees and businesses" both to support a diverse tax base and to maintain a high quality of life. As a consequence, there are economic development policy bases in the Guide Plan either to maintain the current land use designation from a jobs and external market standpoint or to consider the proposed amendment to retail from a quality of life and tax base diversity standpoint. Policy makers will want to detennine the appropriate focus and policy balance for this property. In parallel with the current land use amendment proposal for the property, the City is pursuing an initiative to support the private sector development of a carrier neutral colocation data center facility, also known as a carrier hotel, to meet the data storage and transmission needs of local and regional businesses. When the Lockheed Martin property was offered for sale, the City tasked its consultant for the colocation project to analyze whether this presented an opportunity to site the colocation facility at this location. The consultant studied the facility, its current relationship with the fiber infrastructure and its age, scale and layout and detennincd that, while the facility has considerable assets, they do not align well with the colocation project itself. 13� Planning Report — CSM, Central Park Commons September 27, 2011 Page 10 If the Comprehensive Guide Plan Amendment were to be approved, the developer indicates an intention to propose a specific development plan that would contribute to the retail economic vitality of the City and its market area. The capacity of a proposed redevelopment of the site to accomplish that is also among the factors for the policy makers to consider. Policy makers will want to detennine whether sufficient inforination is available in the application and report to reach a conclusion in that regard. In the alternative they may want to consider whether a formal office and /or retail market study should be among the submittals to be required if a Comprehensive Guide Plan Amendment and rezoning application are to move forward. Central Commons and Community Wide Context — Typically, a Comprehensive Guide Plan Amendment is considered in the context of the property uses in the immediate vicinity and some general analysis of the inventory for the particular types of land uses in place and being proposed as well as an analysis of the ways in which the current and proposed uses relate to public infrastructure and investments. That is the case here as well, but the unique location of the subject site, adjacent and in proximity to the City's largest retail area, is unlike the other major office designated properties in the community. This brings into play an additional area of discussion. In the case of a proposed redevelopment of the scale and in the direction proposed at this location, the developer was asked to address whether and how the proposed combination of land uses may affect the land use and development decisions the City and its EDA have made elsewhere. In particular, how might the proposed retail redevelopment of the subject site affect the vitality of the existing retail development elsewhere in the Central Commons area, including the Eagan Promenade, Eagan Town Centre and Yankee Square? Likewise, how might the proposed redevelopment of this property affect redevelopment activity currently underway in the Cedar Grove Redevelopment District? Essentially, would the proposed development tend to support the retail vitality of the Central Commons or contribute to decline in other quadrants of the intersection and would the mix of uses create competition for uses and users that would adversely affect the public investment already made in the redevelopment of the Cedar Grove area? While the current request is for a Comprehensive Guide Plan Amendment and not for a specific development plan, the developer has indicated that their approach to the proposed project would be focused on expanding the retail offerings in the community in ways that would create additional variety and depth in the Central Commons and attract additional purchasing activity that currently goes outside the City for a range of products and services. To some extent, the validity of that position could only be examined and discussed in the context of more detailed plans and with a better understanding of the specific mix of uses and users that would be part of a formal zoning and development application. At this point in the analysis, however, that is not available. If the Comprehensive Guide Plan Amendment were to go forward, it would be important for the policy makers to indicate to the developer the kinds of information and analysis it would expect to better define the basis for expectations about the relationship between a retail use on the subject site and the retail areas around it. 140 Planning Report — CSM, Central Park Conunons September 27, 2011 Page 11 The developer's narrative also states that the nature and scale of the retail development proposed at the site would be different from and not compete with the kind of retail that will be attracted to Cedar Grove. The developer goes on to say that their proposal does not include any of the housing elements that are a dominant feature of the City's redevelopment priorities for the Cedar Grove area. While it is true that one of the original reasons for the City and its EDA to become actively involved in the redevelopment of Cedar Grove was the Cedar/ 13 Task Force conclusion that the Cedarvale area could not be expected to support the level or intensity of retail development that had occurred prior to the replacement of the Cedar /13 intersection with the Cedar /13 freeway interchange, policy makers will also want to consider whether a redevelopment of subject site of the kind proposed will have an adverse effect on the community's ability to attract and create momentum for new development in the area already planned for redevelopment at Cedar Grove. Summary - Economic Development Impacts City Staff have determined that the applicant's estimate of tax differential between the existing development and their proposed scale of redevelopment is reasonable. The developer's narrative also provided a basic market analysis which asserts that the market is limited for the site to continue to be used or redeveloped in an economically feasible way under the current Major Office land use designation. There is support in the goals and policies of the Comprehensive Guide Plan either to maintain the current land use designation or to consider the proposed amendment. It is a policy decision for City officials to determine the appropriate focus and balance in terms of jobs, external market, quality of life and tax base diversity. It is also a policy matter for City officials to detennine whether additional, independent analysis of the market assumptions noted above is necessary to assist them in making a determination on the application. PARKS AND RECREATION SYSTEM Park Dedication — The park dedication requirements will be examined at the time of the application for subdivision and rezoning to determine whether prior payments and /or credits that may have been previously provided are sufficient to offset the current dedication requirements. Trails — The site location is at a crossroads of many non - motorized boulevard trails that have both a transportation and recreational function. There will be temptation by trail users, both pedestrian and bike, on Central Parkway, Pilot Knob and Yankee Doodle to seek the shortest route through or across the property. If the redevelopment moves forward, a hierarchy of trail purpose and function that allows segments of the internal trail system to function with a transportation/recreational purpose would be advantageous. Cross Parking — The City has relied upon the availability of a portion of the subject site for parking related to the City's annual Fourth of July celebration held at Central Park. If the project is approved and the option of designating an area for overflow parking is not available, the demand for parking will need to be addressed elsewhere, preferably in close proximity to Central Park. N-1 Planning Report — CSM, Central Park Conunons September 27, 2011 Page 12 In regress Controls — Several of the exit /entry points for the site are onto Central Parkway. There are many activities at Central Park and the Community Center that generate high volumes of traffic on a regular basis, quite often on nights and weekends when use of the proposed development may be at a high level. This may create a potential for significant traffic flow issues especially at the median crossing points. As a result, controls and /or modifications both on/off the site may warrant consideration. Function of Public Spaces — The submitted Concept Plan proposes several plaza areas. Because of the high profile location and accessibility there may be temptation for general public use of such spaces versus use related to the function of the development. Future designs should consider accounting for general public use and the impacts and opportunities associated with such use. Trees /Turf /Landscaping — The high visibility of the site merits a high quality appearance. If the proposed redevelopment moves forward, opportunities to enhance the long tenn health and vigor of trees and landscapes through creative design and use of appropriate species should be explored. Snow storage areas should be provided away from landscapes. Redevelopment of the site would be subject to compliance with the City's tree preservation ordinance. Summary — Parks and Recreation System - Redevelopment of the site may be subject to current park dedication requirements at the time of subdivision and rezoning. Any internal trail system should include segments with a hierarchy of purpose and function to accommodate users with both a transportation and recreational purpose. Redevelopment of the site may reduce overflow parking opportunities for the Fourth of July celebration held at Central Park and alternative overflow parking will need to be explored. Plaza areas shown in the submitted Concept Plan should consider impacts and opportunities associated with general public use. Redevelopment of the site provides opportunities to achieve a high quality appearance for a highly visible site by enhancing existing landscapes and incorporating creative design and use of appropriate species. SUMMARY OF FINDINGS General Considerations • CSM is requesting a change in land use designation from SA -Major Office to SA- Retail Commercial upon approximately 41.2 acres of a 47.4 acre site located at the northwest corner of Yankee Doodle and Pilot Knob Roads. • The subject site was identified as Research and Development in the City's first Comprehensive Guide Plan in 1974 and it remained so until 1995. 14a Planning Report — CSM, Central Park Commons September 27, 2011 Page 13 • With subsequent amendments to the Comprehensive Guide Plan, the Special Area designation was adopted, and in the most recent Comprehensive Guide Plan update in 2010 the property was designated for Major Office land use and retained its Research and Development zoning designation. • The submitted Concept Plan involves redevelopment the site with 480,500 square feet of commercial retail space in multiple buildings upon 41.2 acres and construction of 75,000 square feet of new office development upon the northwesterly 6.2 acres. • The RC land use designation is intended to provide areas for a variety of retail related uses such as shopping centers, supennarkets, drugstores, convenience center /gas stations, restaurants, hotels and other businesses offering goods and services. Environmental Impacts • The site is generally open with mature landscaping. There are no existing wetlands, and vegetation consists largely of turf grass and landscape trees with some naturalized areas. • An existing defennent agreement requires payment of City storm water trunk fees upon redevelopment of the site. • Redevelopment of the site will be subject to City's post - construction standards for stone water management and water quality control. • The proposal for Retail Commercial land use is consistent with Airport Noise Policy Zone 4 • The scale of the development necessitates preparation of an Environmental Assessment Worksheet (EAW), which will need to be completed prior to Preliminary Subdivision. Infrastructure Impacts • Replatting of the site for redevelopment will require additional right -of -way dedication for Pilot Knob Road. Any redevelopment will also be required to install an 8 -feet wide blacktop trail along the east and south sides of Central Parkway. • A traffic study is currently being undertaken to study traffic generation and patterns in this area and identify any improvements necessary with the proposed land use change. • Existing water main and lateral and trunk sanitary sewer lines are of sufficient size and capacity to accommodate the proposed change in land use for redevelopment of the property. • Dedication of sufficient public easement and access for the construction of a future supply well and transmission line pipes along the east portion of the property will be required with redevelopment. 1,1-3 Planning Report — CSM, Central Park Commons September 27, 2011 Page 14 Comprehensive Land Use Impacts • Commercial /industrial land uses comprise approximately 31% of the City's non - residential land. Such uses include both the Major Office and Retail Commercial designations. • The subject site is located within the Central Commons Special Area and the City's Comprehensive Guide Plan includes specific goals and policies for the Special Area as an active, mixed use and walkable destination. • The Central Commons Special Area Plan states redevelopment proposals should be evaluated on how well they achieve the vision and conform to stated policies, as well as their context both within Eagan and the Central Area. Economic Development Considerations • The applicant submitted an estimate of tax differential between the existing development and their proposed redevelopment which was reviewed by City Staff and determined to be reasonable. • The applicant's narrative also provided a basic market analysis which asserts that that the market is limited for the site to continue to be used or redeveloped in an economically feasible way under the current Major Office land use designation. • There is support in the goals and policies of the Comprehensive Guide Plan either to maintain the current land use designation or to consider the proposed amendment. It is a policy decision for City officials to determine the appropriate focus and balance in teens of jobs, external market, quality of life and tax base diversity. Parks and Recreation System • Redevelopment of the site may be subject to current park dedication requirements at the time of subdivision and rezoning. • Any internal trail system should include segments with a hierarchy of purpose and function to accommodate users with both a transportation and recreational purpose. • Redevelopment of the site may reduce overflow parking opportunities for the Fourth of July celebration held at Central Park and alternative overflow parking will need to be explored. • Plaza areas shown in the submitted Concept Plan should consider impacts and opportunities associated with general public use. • Redevelopment of the site provides opportunities to achieve a high quality appearance for a highly visible site by enhancing existing landscapes and incorporating creative design and use of appropriate species. lL{y- Planning Report — CSM, Central Park Commons September 27, 2011 Page 15 ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area — Major Office to Special Area — Retail Commercial upon approximately 41.2 acres of a 47.4 acre site bounded by Yankee Doodle Road to the south, Pilot Knob Road to the east, and Central Parkway to the north and west, legally described as Lot 1, Block 1, Unisys Park 2" d Addition and part of Lot 2, Block 1, Unisys Park 2nd Addition lying southerly and easterly of Central Parkway. I tfs Central Commons Special Area Plan Background Central Commons is an 862 acre area, located around the intersection of Pilot Knob Road /Yankee Doodle Road and Interstate 35 -E, has been identified as a special area because of the desire to have a community focal point, an integrated, mixed -use place that can serve as a destination for shopping, dining, living, working and recreating. In addition, the planned ring road connections over I -35E are likely to be a catalyst for future land use changes. The community has been focused on shaping development in the Central Commons area since 1995 due to its location and convenient transportation access. While some elements of the community's vision for the area have been achieved, participants in the comprehensive planning process identified a need for more enhancements. This special area vision is intended to primarily guide long -term, private- sector driven actions. Existing Conditions Land Use Central Commons consists of mixed retail, professional office, commercial, medium and high density residential, and public uses. These uses meet shopping needs in Eagan and nearby communities, as well as provide an employment base. The Community Center, Central Park and the Eagan Transit Center located in the northwest quadrant draw people from all areas of the City and surrounding suburbs. There are also a few vacant and agricultural pieces remaining to be developed. While the Central Commons area is primarily developed, change is still anticipated to occur. Development and redevelopment that occurred in the last decade demonstrate the possibilities of market driven investment and reuse of properties within the Central Commons area. An example of this in the northwest quadrant is the transformation of the Eagan Athletic Club site to Granite City restaurant and the Commons on Marice senior housing facility. Another example of investment is the conversion of a surface park and ride lot by the Minnesota Valley Transit Authority (MVTA) at Yankee Doodle Road and Pilot Knob Road into a structured parking ramp with a small scale retail area. The conceptual plans presented within the Central Commons Plan are for illustrative purposes only. No land use change or uniqueness in density is established within this special area at this time. 'Therefore, the basic MD and HD density allowances are used on the base land use map. Changes in land use from what is presented on the base land use map are expected to require a Comprehensive Plan Amendment. 2030 Comprehensive Plan 2030 COMP PLAN l P CENTRAL COMMONS SPECIAL AREA Land Use Plan 1 3 -31 Central Commons Special Area Plan Transportation This special area is located at the intersection of I -35E, Pilot Knob Road and Yankee Doodle Road. Movement through the area has become congested so the community is working to implement the Central Area Ring Road to provide a continuous roadway loop. The elements remaining include the extensions (with bridges ) across I -35E at Duck-wood Drive and Northwoods Parkway. One will connect Northwoods Park with Pilot Knob Road/ Central Parkway, and the other will connect Duclwood Drive with Federal Drive. The system also includes south - oriented freeway ramps, from northbound I -3SE and to southbound I -35E, to further relieve congestion. I1e Minnesota Valley Transit Authority (MVTA) 679 stall Park and Ride ramp is located at the intersection of Pilot Knob Road and Yankee Doodle Road. Airport Inil lications The Central Commons Area is impacted by aircraft operations at Minneapolis -St. Paul International Airport (MSP) because it is located only 3 -32 1 Land Use Plan 2030 Comprehensive Plan l4l Figure IS Central Commons Existing Land Use a few miles from the end of two runways. The area receives fairly frequent overhead flights from departing aircraft; however the types of aircraft and severity of impact will differ depending upon the originating runway. While the area is not within any federally regulated noise contours, the City will need to encourage the use of appropriate noise reduction measures during construction, especially for sensitive uses such as schools, nursing homes, hospital and residences. Vision Plan The Central Commons area is envisioned to bean active, mixed use andwalkable destinationforp eople ofallagesfromwithin and outside ofEagan.Itis aplacewitha mixture ofuses, including residential, commercial, employment and park. It is a "place" that is recognizably different than its surroundings and feels different when entered. It is a place where all forms of transportation, including walking, cycling, automobiles, and transit, are integrated. The retail centers range from small scale, "main street" areas to large hubs with national retailers. Public spaces are integrated throughout to provide intimate places that make it desirable to stop and enjoy the area. Creating a mixed use, walkable destination will not occur in the same manner throughout the Central Commons area. Some of the investment will occur on greenfield sites or through infill on existing sites, while other investment will occur as a result of reuse or redevelopment. Recognizing that the type of investment influences what will and can occur, this section highlights considerations separately for greenfield sites, infill areas and redevelopment. Note that the sketches are only meant to be illustrations of what could occur for a few example locations. Specific development and redevelopment proposals should be evaluated on how well they achieve the community's vision and conform to policies, rather than how the uses and layout proposed match these examples. It is also important that private and public actions support the overall vision and policies and do not create barriers to the realization of these goals. Greenfield Sites There are just a few sites remaining in the Central Commons area that have not been developed. Greenfield sites offer both opportunities and constraints. With a lack of existing structures, development of these sites is often easier and less expensive. However, development may be limited by what has already been developed on adjacent properties and the layout of existing roadways. Greenfield sites should be developed in manner that respects the existing natural systems of the site while achieving the community's vision for a connected, mixed -use area. 2030 Comprehensive Plan Central Commons Special Area Plan Land Use Plan 1 3 -33 I �_g ................ .......... ................. "I ............... ............. .......... Central Commons SpecialArea Plan large corporate office site the same design principles would apply Enhance streetscapes and drives with landscaping and fln, pedestrian connections L-M — s pi _ far Cot ,alArea Create trail connections Central amenity focuses on wetlands Full hitersectio?i Preserve existing site character t Yankee Doodle Road Site Example of a Greenfield Development t a element l e Feature - ------ - terminus of street j krolor Pedestrian street w ith th shops and restaurants :— F Retail office Hl Shared parking I I Create 0-( pedestrian BIB B 4,�" environments Feature e nt at t t terminus 0 street Pedestrian connect 00 off site rl-tattra, V Maintain visibility to existing storejs Promenade Site Example of an hifill Development 3-34 Land Use Plan 2030 Comprehensive Plan 1�� 1MPORTANT To NoTE Whether developed into four sites as illustrated or as one large corporate office site the same design principles would apply Enhance streetscapes and drives with landscaping and fln, pedestrian connections L-M — s pi _ far Cot ,alArea Create trail connections Central amenity focuses on wetlands Full hitersectio?i Preserve existing site character t Yankee Doodle Road Site Example of a Greenfield Development t a element l e Feature - ------ - terminus of street j krolor Pedestrian street w ith th shops and restaurants :— F Retail office Hl Shared parking I I Create 0-( pedestrian BIB B 4,�" environments Feature e nt at t t terminus 0 street Pedestrian connect 00 off site rl-tattra, V Maintain visibility to existing storejs Promenade Site Example of an hifill Development 3-34 Land Use Plan 2030 Comprehensive Plan 1�� lllllll Areas Infill development can occur for a variety of reasons, such as portions of multi- phase projects that have not yet been built or the conversion of large surface parking lots. In any infill situation where a plan already exists, consideration should be given to whether the plan is achieving the community's vision for the area and what changes are possible to create a better development. Developing existing surface parking lots is a good way to expand developed areas and create a more pedestrian friendly environment. Infill in parking lots is often possible because the surrounding neighborhoods have already been built and a market established for the area. Infill can also be a way to diversify uses in an areas, such as adding housing or offices. Converting surface parking lots is often possible through shared parking arrangements, structured parking or in areas with an oversupply of parking. Infill can also be used to better link individual stores in the development. As shown in the sketch examples, the additional retail and office helps to link the existing anchor stores and restaurants, as well as provide for more uses which will bring people to the area. Redevelopment Most of the change in the Central Commons area will likely occur through redevelopment. The amount of change will varybased on a number of factors, including the size of the redevelopment proposal, the transportation system, the proposed use, and the incorporation of structured parking to support more density. The community should strive with each redevelopment proposal to move towards the ultimate vision for the area, while at the same time, it is important to be respectful of existing property owners. New road connections can be a catalyst for new development as accessibility and visibility to a site change. Example A provides a concept of what might occur once the bridge across I -35E is constructed along Northwoods parkway, the northern portion of the ring road. When new road connections occur, it is important to reassess the existing access and circulation pattern. In the case of Example A, a new roadway connection should be created between Norwest and Sherman Courts to facilitate traffic movement, while allowing enough depth for potential redevelopment to occur. For the parcels against 1 -3SE, coordination with Dakota County on access locations is vital because a full intersection versus a right -in right -out movement can ultimately dictate future land use, i.e. retail vs. office. In order to facilitate redevelopment, it is helpful to maintain the existing right - of -way and utility corridors. Existing stormwater ponds can be an amenity, and, as in Example A, buildings can be situated along this central amenity 2030 Comprehensive Plan Central Commons SpecialArea Plan Infill developments should be pedestrian friendly with enhanced streetscapes. Land Use Plan 1 3 -35 15CI Architectural features should be incorporated to create a sense of place Central Commons Special Area Plan Continued housing as small projects or larger major office potential. Organize buildings to take advantage of amenities - natural & man -made Potential major office (large site) with limited access or retail /commercial (3 smaller sites) with full access. Focal element - f at terminus of street (building/ pavilion) as identifier & etlmrdx '. e wayfin ding for development. l)f r I NU { v Mixed use zone with small lots and restaurants for work day crowd. Potential 1� for housing component. Example shows hoiv redevelopment in ight occuronce Northrvoods Parkway is extended overinterstate 35E. Pa is r Focal element at end of i i street (plaza/ ita� ! weak up r" , .0 ��-:1+"S� fountain) t t� PC j parking with { h et r LJ" landscape drive fi sidewalks €$� 7 1 Reta[l -- Create amenities from needed infrastructure `- �J t ` E Nr a -, 'G Smaller, more S walkable block pattern / [ l� i Village In, C G tiro t r �� reen f r N 1 � 'Irtt^ o- ` Jt 114 r r L _ Secondary access Example B shores how a redevelopment plan could incorporate Example C shows horn the same site could redevelop if the existing uses, such as big box retail, while still creating a pedestrian entire site is included. With more o_f the site housing is able to be friendlY environrneut. incorpor•atell. 3 -36 1 Land Use Plan 2030 Comprehensive Plan I SM feature with a small mixed use area of shops, restaurants and plaza space. Development parcels should be organized to take advantage of visibility to existing natural features, such as the wetlands and stormwater ponds, as well as 1 -35E. Parcel organization should also promote stronger connections internally to the site. Over time there are possibilities of existing commercial areas being redeveloped. Examples B and C shore two possible redevelopment patterns of an existing commercial area. Example B shows what could happen if some of the existing big box retail and pad sites remain, while Example C shows what could happen if the entire area redeveloped. In both examples the redevelopment includes a mix of uses. However, when more of the site is included it provides a larger critical mass and stronger opportunity for housing. Example C also incorporates a village green to provide a larger, public gathering space for residents of the area. Policies No matter the type of development occurring in the Central Commons Area, the following policies shall be considered: 1. Understand the context of any development or redevelopment within Eagan and the Central Area. 2. Support dense, mixed -use development with a range of retail, office, services, medium /high- density residential, employment and public space uses. 3. Design the development to ensure cohesiveness with neighboring uses and enhance pedestrian connections. 4. Respect existing site conditions and natural features - design with natural systems in mind. S. Capitalize on opportunities to create and enhance pedestrian connections. 6. Allow Planned Developments to be used when incorporating housing and mixed use into developments. Require high - quality design of sites and buildings that creates a cohesive identity for the Central Commons Area and offers flexibility that can respond to change in uses over time. Strive for pedestrian -scale buildings that are two to four stories in height. Create identity through the design character of the edges, i.e. the streetscape, building placement and gateway signage. Encourage the use of design guidelines and standards to create a cohesive look within developments while still allowing enough variety to encourage visual interest. 2030 Comprehensive Plan Central Connnow Special Area Plan Land Use Plan 1 3-37 Structured parking can allow more density will being sensitively designed, such as this one where it is hidden above retail stores. Large parking areas should be broken up with landscaped drive aisles and islands. Central Commons Special Area Plan 9. Strategically place buildings toward the street with parking behind to help create clearly defined streets and the public realm. 10. Develop places - public gathering spaces or smaller, linked amenity areas (public or privately owned. 11. Create an integrated transportation system that organizes pedestrian, bicycle, vehicular, and transit movements. Use streetscape enhancements to create an identifying character for the Central Area. 12. Utilize a shared or district parking approach to minimize the amount of spaces and size of parking lots. Where possible, use structured or underground parking. Break up large parking areas with landscaped drive aisles, islands and sidewalks. 13. Support the incorporation of sustainable building and site design practices. 14. Ensure appropriate noise reduction measures (45 dB interior noise level are met during construction for areas that are impacted by airport noise contours, especially for sensitive uses such as schools, nursing homes, hospitals, and single - family residential. Land Use Designation The land use designations largely reflect the land uses that exist at this time. The exceptions are the vacant, agricultural and low density residential properties within the special area. These areas have a different land use designation that does not reflect the existing land use. This land use designation reflects the community's intended vision for these properties at such time that development or redevelopment shall occur. Land Use /Zoning Consistency Because the land use designations generally reflect the existing land use, the zoning should be made consistent. The only exception is the agricultural area. Those parcels within the Central Commons area carrying an Agriculture zoning designation will retain such zoning until such time as a specific development is proposed. Under such Agriculture zoning designations, existing homes in the area would be able to remain as "conforming" uses. This special area plan supports the use of Planned Developments to incorporate housing into the Central Area. While the primary land use designations are for commercial and office uses, the intention in the Central Area is to incorporate housing where possible. When Planned Developments are used to include housing, the development should be designed to include public gathering space, a trail system, and streetscape enhancements to create a walkable environment. 3 -38 1 Land Use Plan 2030 Comprehensive Plan, IS3 L oca ti on • • it �1 Map Area Extent �.. o �£ Central Park Park VL- ry y � � z r O - AtARiCE DR �- o Q y Quarry-Park n; ARRYR Subject Site a o s; KEE -E- ROAD)-- - - - - -- --- ----^— °"""Cppt:7Ty'ROA'DT70'ZB ' jYA'KIIZEE"0'0 W ' z TO' 1T P EF m� El � O 0 0 Park ELI 7 � D _ 3 r �} o c Feet Project Name: Central Park Commons o Soo 1,000 2,000 Request: Comprehensive Guide Plan Amendment Legend Case No.: 09- CG- 02 -08 -11 Jolla City Boundary O Parcels Parks Buildings N �City ofEaQan � ��}J- City of Eap Current Zoning and Land Use Map Application: Central Park Commons Type: Comprehensive Guide Plane Amendment Case No.: 09- CG- 02 -08 -11 Zoning RD- Research & Developmen M R-4 O R4 P Y H O CENTRAL - J - - -- PD co O MARICE DR Z RD _ Subject Site r U LB RD - - - -- --- ....._. A PD R _ PD Pb GB PD P RPA- Land Use Plan MO -Major Office N 0 300 600 1,200 Feet Subject Site MO OIS m HD O HD Z Y I— O HD M O MARICE DR Z i Q U b i / 0/S 0 15;_ / .k t - �y�� t'Z� /' E � �• j �- tS� �� -�� ' J �� R Y t 0 F — iii `� � � ,�_'' --�' `�.•' - t� Fc �, �� •�•- � � i r t47 f 1 y 3 I T - � - L s� iI '� I fiF •s'C'fls n I '- �� RA I t Ap NOW \ \ S .. _s ��;.�1 •, G., fir., � y tit \� � r .•' �; 4 r �* � ��j ry � i � c� �� -^ r : - ��d� "I! • � _ J;. 1 t`y L .� 'a '• �.r � it � �� a?� , I � � j< �• ` i 1 �; �> 0—G .07S FL000 ZONE NOTES r— Q er a......... >. . cl — 17 D"' BINCH MARE5 (RM) ....... ... u 1 2= �. 1 7 1*111 I co, Z.: . . ........ E.— "1 11 1 D l,.— m c, E. EXISTING CONDITIONS JOCSM ALLIANT CENTRAL PARK COMMONS C Ell LOCKHEED MARTIN GCONDITIONSS—EN SITE REDEN ELOPINIENT IG7 RECEIVED AUG 1 7 2011 J ® CSM ° " �LiaNT CENTRAL PA CO C _ 2 LOCKHEED MARTIN ensnsc cosomossuaccv vac uxvsunron ., , � �� ..,.�..:...,. ...u.�..�,.., SITE REDEVELOPMENT C c ............ c c c 0c. c c c c E CC c c c ..... ..... c cc c s c c c c c c c c c c I 1C C C c C C c C c C c cc c :�c C c c C' c c c c 0 c c c— c c � c C . c c C c c cc c c c IL �C, c c c C C c c c c cc c c c c c c CC c cc c c c c c CC CC c c c C c 0 c -c� ec c c c C C c c c c c c c cc c c C c c c c c c c c c C c c c c C c c c c c I c: c cc C C - -c c c c c C c c . . .......... MAKWMae~ .......... ra DOQXX, ----------------------------- -- 9 4 I/ i LAND USE SUMMARY: MAJOR OFFICE: 6.2 AC. RETAIL COMMERCIAL: 41.2 AC. TOTAL: 47.4 AC. N ti 0 125 250 SCALE IN FEET e csm CENTRAL PARK COMMONS C-4 LOCKHEED MARTIN SITE REDEVELOPMENT isl COMPREHENSIVE GUIDE PLAN AMENDMENT SUBMITTAL NARRATIVE LOCKHEED MARTIN FACILITY EAGAN, MINNESOTA August 17, 2011 COMPREHENSIVE GUIDE PLAN DESIGNATION The property currently has a 2030 Land Use designation of Major Office (MO). The applicant is requesting consideration of a Comprehensive Guide Plan Amendment to allow for a portion of the site to be designated as Retail Commercial. Approximately 41.2 acres is currently proposed for a Retail Commercial land use and approximately 6.2 acres is to remain as Major Office. ZONING CLASSIFICATION The property has a current Zoning of Research and Development (RD). The applicant would most likely request consideration of a Planned Development (PD) if a Comprehensive Guide Plan Amendment is favorably received by community representatives. LAND USE EXISTING CONDITIONS The property currently provides for the Lockheed Martin facility, which has elected to relocate and gradually phase out operations at this location. It is bounded by Pilot Knob Road to the east, Yankee Doodle Road to the south and Central Parkway to the west and north. The total site area amounts to approximately 48.7 acres and provides for a multi -story building of approximately 273,000 square feet above grade located near the properties center. Including the basement and sub - basement the building totals 623,000 square feet. The property also provides for approximately 2,044 parking stalls, which surround the building on all sides. The property is currently provided with six (6) full access intersections on Central Parkway and /or Pilot Knob Road. It is suspected to primarily contribute AM and PM peak hour weekday traffic to surrounding roadways. Topography of the site varies from an elevation of 914 near the Pilot Knob /Yankee Doodle Road intersection to 865 near the access adjacent to the Eagan Community Center access point. The property is currently provided with primary utilities that access the site from the north in the area of the northerly Central Parkway access. A considerable amount of utilities are also provided near the perimeter. The site is currently absent of any significant surface ponding and most likely provides for mitigation via a number of alternate stormwater techniques. Comprehensive Guide Plan Amendment Submittal August 17 2011 Lockheed Martin Facility — Eagan, MN Page 1 of 11 NARRATIVE I REFI ED r' " I "'0? PROPOSED PLAN General The Central Park Commons redevelopment plan proposes for a pedestrian friendly, mixed use project with access to high quality transit services. The redevelopment plan proposes to provide Major Office, larger Commercial Retail users and smaller mixed use areas of shops, restaurants and plaza spaces. The redevelopment plan currently proposes to provide a network of internal trails and parkways which will facilitate pedestrian movements and limit parking expanses. Three restaurant areas with patio space are currently being considered near the sites interior in order to further define a sense of "place ", in addition to restaurants on end -caps of multi - tenant buildings. Feature or gateway elements are proposed near the sites perimeter to signify primary access points. It is intended that the Central Park Commons project, if approved, provide the City of Eagan with a mixed use project noticeably different than existing retail hubs in the area. Uses or building areas currently being considered and represented in the current Central Park Commons Plan are as follows: Major Office 75K SF Commercial/Retail Anchor 138K SF Commercial /Retail Junior Anchor 195K SF Commercial/Retail Small Shop 114.5K SF Restaurant 33K SF Building Orientations The current Concept Plan proposes to locate buildings near perimeter roadways in order to define or frame an internal common area. The largest or larger building masses are currently proposed near primary access points to the west and northeast. An internal arterial drive with no parking connects the two access points and is intended to accommodate vehicular traffic. Smaller mixed use areas of junior box, small shop, restaurant and plaza space are generally located further from primary vehicular areas and in proximity to high visibility areas and pedestrian access points to the south and north. A few restaurants with common areas are currently proposed near the sites interior to provide pedestrian linkages and visual interest. It is intended that the proposed three story office building near the sites northwest corner functions as a visual terminus for sightlines and provide a visual destination for pedestrians entering from the south. Building Design It is the applicant's intent that the Central Park Commons project provide high - quality integrated building design in order to create a cohesive identity and further define a sense of "place" unique to the City of Eagan. Buildings will be provided with four sided architecture that recognize proximity to the surrounding roadways and adjacent businesses. Architectural features at key or Comprehensive Guide Plan Amendment Submittal August 17 2011 Lockheed Martin Facility — Eagan, MN Page 2 of 11 X (� I gateway locations, such as the Yankee Doodle /Pilot Knob intersection, will be considerate of building design and work to incorporate primary elements, design features, materials and colors. Screening The current Concept Plan will require deliberate consideration of screening rear truck dock and delivery areas to the west, north and east as a result of the building forward design. It is suspected that screening will be provided via a number means such as columns, fencing, landscaping and architectural treatments. It is the applicant's intent to work with community representatives in arriving at an acceptable means of screening as the project progresses. Circulation Corridors Vehicular As previously stated, the current Concept Plan proposes to provide an internal arterial roadway /drive isle absent of parking. It is to provide for an internal east/west traffic flow which will parallel portions of Central Parkway and work to reduce traffic volumes near the Northwest corner of the site. Access to the site is also currently proposed on Pilot Knob just north of Yankee Doodle, to the north via Central Parkway and near the northwest corner. It is intended that multiple access points provide drivers with numerous points of ingress and egress to limit congestion at already existing intersections. In particular, the current concept plan anticipates a left in on north bound Pilot Knob road in order to limit stacking of west bound Yankee Doodle traffic wanting to enter the site. A south bound right -in at Pilot Knob Road is also currently proposed in order to limit traffic passing through the Yankee Doodle /Pilot Knob Road intersection. Pedestrian The current Concept Plan proposes to provide a network of pedestrian connections both internal and external to the site. It is the intent of the current Concept Plan to provide pedestrian and vehicular movements in parallel and limits points of conflict or crossings. It should also be observed that internal primary drive isles are provided with curvilinear alignments to limit sight distances and mitigate traffic impacts. A primary pedestrian access point is currently proposed mid -block on Yankee Doodle Road in order to provide access to businesses to the south and the Minnesota Valley Transit Authority 679 stall Park & Ride ramp to the southeast. An additional access point to the Eagan Community Center to the northwest has also been provided. It is intended that pedestrian traffic be able to move freely through the site via internal trails and common areas. It should be observed that the current travel distance between the two internal restaurant /patio areas is approximately 560 feet, which is within an acceptable travel distance commonly recognized by pedestrian planners. Comprehensive Guide Plan Amendment Submittal August 17, 2011 Lockheed Martin Facility — Eagan, MN Page 3 of 11 The current Concept Plan also proposes to provide a walking trail on Central Parkway in order to connect with already existing trails on Pilot Knob Road and Yankee Doodle Road, which will complete a loop at the site perimeter. The looped trail system and internal pedestrian networks is Consistent with the Goals and Objectives of the Comprehensive Plan for the Central Commons Area. Parking The current Concept plan proposes to provide parking fields that are limited in size and provide for the minimum parking requirements of the City, which is approximately 1,950 stalls. The proximity of stalls most remote to entrance areas will vary though average 200 -250 feet. Stalls furthest from the largest building footprint to the west are no further than 390 feet from the store front entrance area. In contrast, the proximity of parking most remote for some existing retail hubs in the area is a nearly 700 feet. The current Concept Plan is considering the use of varied parking stall widths in areas of limited cart use. The current plan is proposing to provide 10x19 foot stall in the largest parking field and 9x19 stalls elsewhere. The applicant is respectfully requesting community input on this matter should the Comprehensive Guide Plan Amendment be acceptable to community representatives. Feature Elements Gateway /Plaza Areas As previously stated, the current Concept Plan contemplates plazas and an common areas throughout and at gateway locations for pedestrian and vehicles. It is intended that architectural elements, landscaping, light fixtures and paving treatments be provided in consideration of an architectural theme in order to provide for cohesive planning and a sense of "place ". It is intended that these areas be refined with community input should the project be able to proceed. Primary gateway or plaza areas are currently proposed at the following locations: • Yankee Doodle Road & Pilot Knob Road intersection • Yankee Doodle Road — Mid Block • Yankee Doodle Road & Central Parkway Intersection • Central Parkway & Eagan Community Center Access • Central Parkway & Pilot Knob Road The applicant has provided perspectives at each location in order to provide greater detail in those areas. Sculptures The Concept Plan is currently proposing to provide a number of internal and external sculptures at key plaza and pedestrian destinations in order to further define a sense of "place ". Sculptures Comprehensive Guide Plan Amendment Submittal August 17, 2011 Lockheed Martin Facility — Eagan, MN Page 4 of 11 i t/_) ( will work within the parameters of project and may reflect on the sites history. It is the applicant's intent to work with community representatives in identifying appropriate sculptures for the project in context with Goals and Objects for the area. Ponding The current Concept Plan proposes to provide three larger stormwater basins at key locations near the sites perimeter. The basins will be treated as site amenities per the Central Commons Vision Plan. Fountains are currently being considered at each location in order to provide visual interest and mitigate noise. It should be observed that the applicant is currently considering an upper and lower ponding system near the southwest corner of the site and in proximity to an elevated deck area. An open channel of cascading water is currently being considered in that area. Monuments The current Concept Plan proposes to provide a number of entry monuments at key locations near the site perimeter. It is anticipated that architecture will be provided in consideration of an architectural theme unique to the site. It should be observed, however, that additional monuments are currently proposed at three locations on Central Parkway. Monuments and planting in those areas will be similar to already existing monuments in those areas to compliment and enforce an architectural theme already established for Central Parkway and the Eagan Community Center. MARKET STUDY In considering alternatives for the reuse and repositioning of the Lockheed Martin property, the applicant drew on its own experience and market knowledge, as well as the advice and recommendation of local real estate market experts. Several market forces drive the applicant's current Concept Plan which envisions a mixed use redevelopment of the property, with a substantial retail component. The primary driver for the requested change in the requested Comprehensive Guide Plan Amendment is that the applicant feels that the current Land Use designation for the property is neither market driven nor economically viable. The Eagan sub - market and the southern metro market in general have substantial vacancy in the current product classification. In addition, there is a substantial inventory of available land for development of this product type for potential future demand. Based on the analysis by the applicant and its real estate advisors, the applicant believes there is well over a ten year supply of existing inventory in the market given the historical absorption of this product type. Further complicating the repositioning of this building is the applicant's firm belief that the configuration and layout of the existing building does not lend itself to reasonable division into a multi - tenant building. As such, the building is best suited, and is only viable for a single user. The applicant and its real estate advisors believe that the global Twin Cities real estate market Comprehensive Guide Plan Amendment Submittal August 17 2011 Lockheed Martin Facility — Eagan, MN Page 5 of 11 icy sees one of these types of users once every 4 or 5 years. The applicant believes that superior corporate buildings for these types of office users currently exists in all quadrants of the Twin Cities market, and that these alternatives would lease first before the Lockheed Martin property. In fact, the former Delta Airlines campus in the Eagan market has been available for two years and offers a superior existing building, as well as being situated on a campus totaling approximately 125 acres offering many possibilities for future office development. Finally, the applicant recognizes the City's financial commitment to and vision for the Cedar Grove area and the variety of residential, hotel and office uses contemplated for this property. The applicant desires to not complete directly with the City for very limited users for the office product type, but rather prefers to deliver a redevelopment of the Lockheed Martin property which serves to enhance the Community and the quality of life for its residents. ALTERNATE DEVELOPMENT CONSIDERATIONS Prior to the applicant creating the current Concept Plan, a variety of different approaches to site layout and redevelopment were considered. Over 25 site plans were developed that made an attempt to reuse some portion of the existing Lockheed building. It was initially envisioned that greater density could be incorporated into the redevelopment plan by converting the first level basement to underground parking, and the lower level sub - basement into a storage tank for stormwater. Unfortunately, it was determined that neither alternative was economically feasible or practical. Reasonable pedestrian and vehicular movements were adversely affected or impossible within the site given the substantial grade differential across the site, and the accommodation necessary to retain the lower levels of the building. The location of the existing building dear the center of the property further exacerbated this condition and created impediments to other building placement, site lines, and reasonable delivery and truck movements. The applicant also believes that retaining and reusing the existing building or a portion of it was inconsistent with the goals of the Central Commons Special Area Plan in that the buildings could not be placed toward the street creating a public realm. In addition to the applicant's in -house architectural and development team, this alternative was studied and rejected by two third party engineering firms, and two third party architectural firms. The applicant also studied other redevelopment scenarios that removed the building but incorporated other non - retail uses and building configurations different than the Concept Plan. Given the substantial inventory of available buildings and land for office product type in Eagan and the south metro market in general, and the low historical absorption and current demand for this type of product, it was determined that the applicant could not deliver a feasible, market driven solution to the repositioning of the property given this alternative. Substantial public assistance would have been required to underwrite the project. Given the City's existing commitment to development of office and residential product types in the Cedar Grove redevelopment area, it was determined that this was not realistic. Notwithstanding, the applicant believes that a redevelopment of the Lockheed property with uses contemplated in the Concept Plan will serve to enhance the entire community, including the Cedar Grover redevelopment area. Comprehensive Guide Plan Amendment Submittal August 17, 2011 Lockheed Martin Facility — Eagan, MN Page 6 of 11 i 2- VS TAX BASE DIFFERENTIAL It should be noted that the redevelopment plan as proposed would significantly increase the tax base generated from the property. Under the current condition, the real estate taxes payable for the property in the year 2011 total $295,610.58. Based on the applicant's preliminary estimates, in the event the Concept plan is approved, constructed, and once the property becomes fully assessed, the real estate taxes are reasonably expected to exceed $2,200,000.00. They applicant is not requesting any City assistance for the project. TIMING /PHASING The applicant submitted a Preliminary Entitlement Schedule to City Staff on July 29, 2011. While this preliminary timeline does not presuppose any type of approval by the City, it is intended to provide a framework for discussion and plan development. It is understood that the preliminary schedule is subject to change as a result of additional meetings or matters not anticipated at this time. The preliminary schedule should be viewed as flexible and includes a fairly broad window of time for gathering input form the City, Community and various agencies. It is the applicant's desire to work closely with the City, Community and end users to deliver a project that is both viable and considerate of the market demands, while incorporating necessary elements from City guiding documents and stated visions for the Central Commons area. The applicant has closed on the acquisition of the property, and has entered into a Lease Agreement with Lockheed Martin who will occupy the property through March 31, 2013. It is the applicant's intent that the period of time between this submittal and the expiration of the Lockheed Martin lease will be used for the development of market driven plans consistent with the City and Community's vision for the property, the overall entitlement process, finalization of end user agreements, and engineering and construction documentation and pricing. Assuming the applicant is able to successfully gain the necessary approvals for a redevelopment plan, the intent is to commence construction operations in April of 2013, with a projected project opening in the spring of 2014. The intent is to develop the project as one complete phase, and open at or very near full occupancy with all buildings constructed and all site work complete. SURROUNDING PROPERTY DESIGNATIONS LAND USE The property is currently surrounded with numerous Land Use designations, which are as follows: North — Parks, Open Space & Recreation (P) Northeast — High Density (HD) East — Office /Service (O /S) Comprehensive Guide Plan Amendment Submittal August 17 2011 Lockheed Martin Facility — Eagan, MN Page 7 of 11 ) El� / W.� South — Retail Commercial (RC) Southwest — Medium Density (MD) West — Major Office (MO) ZONING The property is currently surrounded with numerous Zoning designations, which are as follows: North — Park (P) Northeast — Planned Development (PD) East — Limited Business (LB) Southeast — Planned Development (PD) & General Business (GB) South — Planned Development (PD) Southwest — Planned Development (PD) West — Research and Development (RD) PROPOSED LAND USE COMPATIBILITY SURROUNDING AREAS The current Concept Plan is consistent with surrounding Land Uses and Zoning previously identified. In particular, it is consistent and compatible with Land Uses already existing in the Central Commons and Ring Road Areas. It could provide a third destination or choice for residents of the community and may elevate the areas significance on a local /regional level. If so, it should be anticipated that future users of the Central Park Commons project utilize surrounding business when visiting and if approved. CENTRAL COMMONS AREA PLAN As part of the 2008 Comprehensive Plan, the City of Eagan adopted the Central Commons Special Area Plan. The plan provides a Vision Statement and Goals and Objectives for properties within the Central Commons Area, which generally coincides with the Central Ring Road Area. The area includes a number of Land Uses and is considerate of greenfield, infill and redevelopment opportunities. In particular, the plan provides a number of exhibits indicative of a number of City Policies that shall be considered for properties within the area. During exploration of the properties development potential, the applicant deliberately worked to incorporate as many design principals as practical. It is the applicant's humble opinion that the current Concept Plan provides for as many applicable policies as possible in consideration to market conditions, proposed land uses and proximity to the Central Ring Road Area. The Central Commons Area Plan policies are as follows: 1. Understand the context of any development or redevelopment within Eagan and the Central Area. Comprehensive Guide Plan Amendment Submittal August 17 2011 Lockheed Martin Facility — Eagan, MN Page 8 of 11 2. Support dense, mixed use development with a range of retail, office, services, medium/high- density residential, employment and public space uses. 3. Design the development to ensure cohesiveness with neighboring uses and enhance pedestrian connections. 4. Respect existing site conditions and natural features — design with natural systems in mind. 5. Capitalize on opportunities to create and enhance pedestrian connections. 6. Allow Planned Developments to be used when incorporating housing and mixed use into developments. 7. Require high - quality design of sites and buildings that create a cohesive identity for the Central Commons Area and offers flexibility that can respond to change in uses over time. Strive for pedestrian -scale buildings that are two to four stories in height. Create identity through the design character of the edges, i.e. the streetscape, building placement and gateway signage. 8. Encourage the use of design guidelines and standards to create a cohesive look within developments while still allowing enough variety to encourage visual interest. 9. Strategically place buildings toward the street with parking behind to help create clearly defined streets and the public realm. 10. Develop places — public gathering spaces or smaller, linked amenity areas (public or privately owned). 11. Create an integrated transportation system that organized pedestrian, bicycle, vehicular, and transit movements. Use streetscape enhancements to create an identifying character for the Central Area. 12. Utilize a shared or district parking approach to minimize the amount of spaces and size of parking lots. Where possible, use structured or underground parking. Break up large parking areas with landscaped drive aisles, islands and sidewalks. 13. Support the incorporation of sustainable building and site design practices. 14. Ensure appropriate noise reduction measures (45 dB interior noise level) are met during construction for areas that are impacted by airport noise contours, especially for sensitive uses such as schools, nursing homes, hospitals, and single- family residential. INFRASTRUCTURE Transportation The application area is bound by Pilot Knob Road to the east, Yankee Doodle Road to the south and Central Parkway to the west and north. Functional classifications for Pilot Knob Road, Yankee Doodle Road and Central Parkway are A Minor Arterial, A Minor Arterial and Major Comprehensive Guide Plan Amendment Submittal August 17, 2011 Lockheed Martin Facility — Eagan, MN Page 9 of 11 (leg Collector, respectively. Average Annual Daily Traffic (AADT) volumes for Pilot Knob Road, Yankee Doodle Road and Central Parkway are 20,100, 31,000 and 1,600, respectively. It should also be noted that Interstate 35E is located immediately to the east and has an AADT of 74,000 vehicles. The applicant is aware of adjacent traffic volumes and capacity concerns of the Yankee Doodle Road /Pilot Knob Road intersection. As previously discussed, the current Concept Plan proposes to provide a number of access points in order mitigate off -site impacts. The applicant anticipates having to provide for a number of adjacent site improvements such as turn lane and median construction to limit specific driving maneuvers that may put drivers at risk. The applicant realizes development of the site may result in increased site trips in comparison to the existing Lockheed Martin facility. However, the applicant respectfully requests that the City and County consider the impact of a full build -out scenario of the current Major Office land use, which would generate and most likely be dependent upon AM and PM peak hour roadway capacities. A Comprehensive Guide Plan Amendment to Retail Commercial typically results in evening and weekend peak hour traffic and may provide additional capacity during the AM peak hour. It should also be observed that the current Concept Plan requires and provides less parking than currently exists. Based on review of preliminary traffic analysis of the Cities consultant, it is the applicant's opinion that the surrounding and adjacent roadways have capacity for the requested Comprehensive Guide Plan Amendment. Sanitary Sewer The site is currently served via gravity flow with a 15 inch diameter sanitary sewer line located in Central Parkway near the north end of the property. The existing line drains westerly and ultimately connects to a Metropolitan Council Interceptor in Highway 13. The current Concept Plan will require the extension of sanitary sewer into the site. It is currently suspected that the entire site can be provided with a gravity flow system and the topography slopes from south to north and towards the existing sewer line. Therefore, the site has sanitary sewer that is capable of providing service to the site. StonnWater Management The site is currently served with an existing 42 inch diameter storm sewer line located near the entrance to the Eagan Community Center. All on -site runoff is currently routed to the existing outlet which has capacity for the existing facility. It is the applicants understanding that the Lockheed Martin site has exceeded the City of Eagan's minimum Standards for stonnwater mitigation. It is the applicant's intent to also exceed the Cities minimum threshold for stormwater treatment. Therefore, it is anticipated that the site has stormwater capacity for the current Concept Plan. Comprehensive Guide Plan Amendment Submittal August 17. 2011 Lockheed Martin Facility — Eagan, MN Page 10 of 11 I�a9 Domestic Water The site is provided with a 10 inch diameter domestic water supply line in Central Parkway. The line is looped and provides service to surrounding businesses for domestic water supply and fire suppression. It is the applicants understanding that the City of Eagan would like to be provided with a underground well house location somewhere on site and in consideration of the Cities' Comprehensive Plan. It is the applicant's intent to work with community representatives in providing for the Goals and Objectives for this area. It is anticipated that the 10 inch looped line will have capacity for the current Concept Plan if the project proceeds. CONCLUSION The Central Park Commons redevelopment plan proposes for a pedestrian friendly, mixed use project with access to high quality transit services. It is a market driven solution that proposes to provide Major Office, larger Commercial Retail and smaller mixed use areas of shops, restaurants and plaza spaces. The plan is consistent with the Central Commons Special Area Plan and policy statements. The plan is also considerate of surrounding infrastructure which has capacity for the proposed Concept Plan. Therefore, the applicant respectfully requests that the City of Eagan consider a Comprehensive Guide Plan Amendment to allow for a Retail Commercial land use. If approved, the applicant looks forward to working with the City of Eagan and community in providing for a project that meets or exceeds Goals and Objectives for this area. Comprehensive Guide Plan Amendment Submittal August 17 2011 Lockheed Martin Facility — Eagan, MN Page 11 of 11 x/170 PUBLIC CORRESPONDENCE (CENTRAL PARK COMMONS PROPOSAL) CORRESPONDENCE /) � 11( Pam Dudziak From: Mary O'Brien Sent: Wednesday, September 07, 2011 4:26 PM To: Pam Dudziak Subject: FW: idea for Unisys old space Mary O'Brien I Administration I City of Eagan City of Eagan 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5005 1651-675-5012 (Fax) I mobrien(d,)citvofeagan.com My of Earlan V THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Thomas, Heather rma i Ito: HThomas (d)ca rlsonwagon I it.coml Sent: Wednesday, September 07, 2011 1:14 PM To: City Council Cc: Mary O'Brien Subject: RE: idea for Unisys old space From: Thomas, Heather Sent: Wednesday, September 07, 2011 1:12 PM To: 'citycouncil@cityofeagan.com' Subject: idea for Unisys old space Put in a Herbergers!!! Thanks Heather Thomas CORRESPONDENCE 1 ��a Pam Dudziak From: Jon Hohenstein Sent: Thursday, September 15, 2011 11:57 AM To: Pam Dudziak Subject: Comment re Lockheed Martin Property From: Nancy Ohm Finailto:nancyWho12(&gmail.com1 Sent: Thursday, September 08, 2011 11:38 AM To: City Council Subject: for Mayor Maguire Mayor Maguire - just a quick note. I know Eagan has been pursing various businesses for locations such as the Lockheed Martin site, etc. I just saw an article about all the cities pursuing Surly Brewing for their new brewery /restaurant. I was wondering if the City of Eagan has suggested the Cedar Grove site for that. Either that, or put a Super Target there (too bad they didn't get the Lockheed Martin site). Thanks, Nancy Ohm Eagan Resident X13 PRELIMINARY CONCEPT DEVELOPMENT PLAN Submitted By: CSM EAGAN, L.L.C. August 17, 2011 PRELIM. CON��PT PLAN T SFE SUMMARY: T— 61055 S11E: -74 - 2.123,121 1-- I' g I N —C Milo. —/1" 5F PI -WINC S=K 20 1w & KIT. 51 5p01N 1, 11 LAND USE SUMMARY: RENDERING PRE—M BY: —IDIO 360' DEVELOPMENT SUMMARY: I— .— I, N x K. 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Central Park Commons Applicant Name: CSM Eagan, L.L.0 Location: 3333 Pilot Knob Road; Lot 1, Block 1, Unisys Park 2nd Addition and part of Lot 2, lying easterly and southerly of Central Parkway Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment for a portion of the property from SA -MO, Special Area - Major Office to SA -RC, Special Area - Retail Commercial. File Number: 09- CG- 02 -08 -11 Member Dugan stated he will be abstaining from voting on the item;. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 22, 2011. Tom Palmquist, CSM Vice President of Commercial Development, provided a brief company history and explained the amount and type of development CSM has in Eagan and the metro area. He stated they are very excited about the opportunity the subject site presents. He also introduced his team and discussed how the City's Comprehensive Plan and the Central Commons Special Area guided their approach to the reuse ©f the property. Member Vanderpoel asked why housing not a component of the proposal. Mr. Palmquist responded that the location -at the intersection of two, county roads was the primary factor in not including housing and added that a,-desire not to compete with the City's priority for attached housing in the Cedar Grove Redevelopment District was also a factor. Chair Heaney opened the public hearing. Doug Sailor, Principal of MidAmerica Real Estate, which manages Eagan Promenade, Eagan Town Centre and Northwood Court,'spoke on behalf of those owners and stated strong support for bathCSM and the redevelopment of the Lockheed Martin property as retail. He stated concern only for the amount of retail being proposed. He briefly summarized the impact the recent'economic dawn turn has had on shopping centers and the market values and sustabability of same. Chair Heaney asked Mr. Sailor to clarify his concerns. Mr. Sailor stated his point was that the City should pay attention to the overall scale of retail that may be permitted at the subject site in order to avoid over building which could result in empty boxes in the future, at this site or elsewhere in the community. Member Piper disclosed that his firm has done work for CSM in the past, most recently in 2009. However, he was not involved and does not see a reason to abstain. There was discussion on the process of considering Comprehensive Plan amendments and development applications, and whether a retail market study would help address Mr. Sailor's concerns and retail activities. Members Piper and Supina stated their support for a Market Analysis to help determine what amount retail could be supported on the site and in the general trade area. /gf Advisory Planning Commission September 27, 2011 Page 6 of 7 Member Filipi asked how the breakdown of office versus retail was established. Member Supina asked for clarification on what was meant by 'new spending' in the CSMnarrative. Member Piper asked whether there was market support for the portion of the site proposed to be retained for office use. Mr. Palmquist explained that the tenants had not been determined but marketing for a variety of uses continues. He stated he had never worked on a project with this much user interest. He stated the proposal lines up well with the Comprehensive Plan, discussed potential for multiple uses; and stated there has been interest expressed for retail and office. He also explained that their redevelopment vision for the site will attract buyers /shoppers that currently go elsewhere to shop and attracting these customers to the Central Area will benefit all retail and service providers in this general area. He further stated that CSM has prospective tenants for an office building of the scale proposed, including a division of Lockheed Martin that will remain in Minnesota, and that the company would like to accommodate those tenants of this site or elsewhere in Eagan and that informed the size of the `proposed Retail Commercial area and area to remain designated Major Office There being no further public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Piper seconded a,rnotion to recommend approval of a Comprehensive Guide Plan Amendment to change the Jand use designation from Special Area — Major Office to Special Area — Retail upon approximately 41.2 acres of a 47.4 acre site bounded by.lYankee.Doodle Road to_the south, Pilot Knob Road to the east, and Central Parkway to the north and west, legallyl described as Lot 1, Block 1, Unisys Park 2nd Addition and part of Lot 2, Block 1, Unisys Park - 2''d Addition lying southerly and easterly of Central Parkway. Following the motion, Member Piper stated'his opinion that a market analysis study is very important for future consideration of the redevelopment of the property. Member Supina stated that the Central Commons Special Area Plan calls for pedestrian friendly development and he believes the conceptual plans need to do a better job of reflecting that goal and vision: The Advisory Planning Commission strongly recommended that a market study be done. All voted in favor. Motion carried 6 -0. Member Dugan abstained from voting on this item. City of EaRan ma TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR MIKE RIDLEY, CITY PLANNER DATE: SEPTEMBER 30, 2011 SUBJECT: PROCESS OVERVIEW FOR CSM COMPREHENSIVE GUIDE PLAN AMENDMENT FOR LOCKHEED MARTIN PROPERTY As noted in the staff report, in order to approve or deny a Comprehensive Guide Plan Amendment, the City Council must determine whether a rational basis exists for the action. The process for consideration of a comprehensive guide plan amendment is for the Council to make a preliminary finding as to whether such a basis exists for further consideration of the proposed amendment. If not, the Council may move to deny the proposal and the current Comprehensive Guide designation of Major Office would remain in place. If there is a rational basis for further consideration of the proposed amendment, the process proceeds in steps: The City Council acts to direct the matter to the Metropolitan Council for its consideration of the possible amendment. 2. As part of its consideration of this action, the City Council should define the priorities, parameters or expectations it has for the ultimate consideration of formal action on the amendment and a development plan. These would typically be in the context of the Comprehensive Guide Plan policies the Council expects to be reflected in a development plan and /or the additional information that would be necessary for the Council to make its factual and policy determinations in its formal action on the amendment and a development plan application. This discussion is not intended to be specific as to users or development details, but it would provide a framework and direction to the developer and staff as the developer moves beyond concept planning to a specific development plan. Examples may be items identified in the staff report or raised by the APC, some of which are noted in the Issues section of the meeting packet cover sheet. 3. The Met Council solicits input from all adjacent and affected agencies and reviews the potential impact of the development proposal on metropolitan systems, including transportation, wastewater, etc. The Met Council makes a determination as to whether the proposed amendment has system impacts and whether the proposal is acceptable in the context of any impacts. 4. At the same time, the City directs the preparation of an environmental assessment worksheet (EAW) to determine whether there are impacts that need to be addressed due to the scale of the project. Some of the issues analyzed are similar to metropolitan systems and some are outside those systems. 5. The developer proceeds with the preparation and submittal of a formal development proposal, in the context of the expectations defined by the Council, the outcome of the Met Council systems review and the preliminary findings of the EAW. 6. The APC holds a public hearing and makes a recommendation regarding the formal development plan for Council consideration. 7. The City Council receives the Met Council determination, the EAW findings, the development proposal and the APC recommendation and considers formal action of the amendment and development application at the same time. The proposed Comprehensive Guide Plan Amendment would only be adopted at the same time as a development plan is approved. Please let us know if you have any questions. /9—/