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01/03/2012 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JANUARY 3, 2012 6:30 P.M. I. 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 ' II for an item to be pulled for discussion) `t A. APPROVE MINUTES f 0 B. PERSONNEL ITEMS «i 6 C. APPROVE Check Registers �I D. APPROVE Agreement with Diamond Officials of Eagan Umpires Association p /() E. APPROVE Agreement with Suburban Officials Association eiq F. APPROVE Agreement with Metro Volleyball Officials Association P ,9 G. APPROVE a 2012 Promotion at the Eagan Community Center and Cascade Bay for Military Families Q3 H. PRESENT Feasibility Report for Project 1063 (Chatterton — Street Overlay) and Schedule Public Hearing (February 7, 2012) tazi I. PRESENT Feasibility Report for Project 1064 (Hills of Stonebridge 2 & 3 Additions — Street Overlay) and Schedule Public Hearing (February 7, 2012) J. PRESENT Feasibility Report for Project 1067 (Hawthorne — Street Overlay) and Schedule Public Hearing (February 7, 2012) 1 K. PRESENT Feasibility Report for Project 1068 (Lexington Pointe 1 & 2 Additions — Street Overlay) and Schedule Public Hearing (February 7, 2012) i? 017 L. PRESENT Feasibility Report for Project 1077 (Northview Park Road/ Braddock Trail/ Elrene Road — Street Overlay) and Schedule Public Hearing (February 7, 2012) V' 'M. AUTHORIZE RFP for Franchise Attorney 4 9 N. APPROVE an Ordinance establishing the Coachman Oaks Housing Improvement Area, a Resolution imposing fees on housing units within the Coachman Oaks Housing Improvement ')I- Area and a Development Agreement between the City and the Association — City of Eagan FA) O. APPROVE Change in Management on the On -Sale 3.2 Percent Malt Liquor (Beer) and Wine License for Smashburger Acquisition - Minneapolis, LLC DBA Smashburger V. PUBLIC HEARINGS y 7A. PROJECT 1076 (Slater Road/ Whispering Woods 4 & 5 Additions — Street Overlay) �7 ( B. PROJECT 1061 (S & W Industrial — Street Overlay) P 93C. PROJECT 1060 (Tesseract Place — Street Overlay) VI. OLD BUSINESS VII. NEW BUSINESS (?y. CONDITIONAL USE PERMIT — Steininger Property - A Conditional Use Permit to allow outdoor storage of contractor equipment and trailers; and truck and trailer repair and service located at 829 Aldrin Drive 1 3s-B. CONDITIONAL USE PERMIT and INTERIM USE PERMIT — Aspen Waste Systems - A Conditional Use Permit to allow outdoor storage of trucks and containers and Interim Use Permit to allow outdoor storage of trailers, equipment and materials associated with a lawn care service business located at 3259 Terminal Drive 10, 73 C. ORDINANCE AMENDMENT- Domestic Partner Registration and Resolution Adopting Fees 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 l! City of Ea�ali Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 30, 2011 SUBJECT: AGENDA INFORMATION FOR JANUARY 3, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 3, 2012 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo January 3, 2012 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the December 20, 2011 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the Iecember 20, 2011 Regular City Council meeting are enclosed on pages 5 through DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 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, Hansen and Tilley. There were no visitors who wished to be heard. Councilmember Fields was not yet present. A regular meeting of the Eagan City Council was held on Tuesday, December 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, City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Public Works Director Colbert, Assistant City Engineer Gorder and Deputy Chief of Police Johnson. AGENDA City Administrator Hedges announced there would be a Closed Session following the City Council meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Director of Public Works Colbert recognized Utility Superintendent Wayne Schwanz for his 26 '/2 years of service to the City of Eagan and was awarded a plaque by Mayor Maguire. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the December 6, 2011 regular City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to ratify the agreement reached between the City of Eagan and Law Enforcement Labor Services, Inc.; Eagan Police Officer's Patrol Unit, Local 170 2. It was recommended to amend the City Personnel Policy to close City offices the day after Thanksgiving Day 3. It was recommended to amend the City Personnel Policy to approve proposed changes to the Health Care Savings Plan 4. It was recommended to approve the proposed 2012 non -union Compensation Plan for all regular non - collective bargaining employees, which will reflect a 2% increase effective January 1, 2012 and a 1% increase effective July 1, 2012 5. It was recommended to approve the hiring of Maura Marko for the Part Time GIS /Office Support position in the Parks Department 6. It was recommended to approve the hiring of Seasonal Employees in the Parks and Recreation Department 7. It was recommended to approve the termination of Erica Olson, Clerical Tech III, Community Development 8. It was recommended to approve the hiring of Amy Griffin, Clerical Tech III, Community Development C. It was recommended to approve Check Registers dated December 1, 2011 and December 8, 2011 as presented D. It was recommended to approve Change Orders No.'s 3, 4, and 5 for City Conduit and Fiber Contract 11 -14 6 City Council Meeting Minutes ,CRAFT December 20, 2011 2 page E. It was recommended to approve the revised City Purchasing Policy and revised Environmentally Preferable Purchasing Guidelines F. It was recommended to approve Conditional 90 -Day On -Sale Liquor Licenses G. It was recommended to approve 2012 On -Sale Liquor License renewal for Starks I, Inc. dba Starks Saloon/Rickey's Cafe H. It was recommended to approve the 2012 Enterprise Fund budgets for Public Utilities (Water, Sewer, Street Lighting, and Storm Drainage /Water Quality), Cascade Bay and Community Center I. It was recommended to approve the 2012 Special Revenue Funds budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cable TV Franchise Fees Fund, and E -TV Fund J. It was recommended to adopt a Resolution to receive a $1,000 check from Wal -Mart to be used for the Shop with a Cop Program K. It was recommended to approve a Joint Powers Agreement with Dakota County to implement outdoor warning siren narrow banding L. It was recommended to present Feasibility Report for Project 1057 (Highview Acres — Street Overlay) and Schedule Public Hearing (January 17, 2012) M. It was recommended to present Feasibility Report for Project 1058 (Oslund Timberline (Pine Ridge Drive) — Street Overlay) and Schedule Public Hearing (January 17, 2012) N. It was recommended to present Feasibility Report for Project 1062 (Kings Wood/ Cutters Ridge/ Sherwood Downs — Street Overlay) and Schedule Public Hearing (January 17, 2012) O. It was recommended to present Feasibility Report for Project 1073 (Wescott Road, Denmark to 600' East of Lexington/ Glacier Drive — Street Overlay) and Schedule Public Hearing (January 17, 2012) P. It was recommended to approve Amendment to Consulting Engineering Fee Schedule (2012) Q. It was recommended to approve Final Payment for Contract 11 -11, City-Wide Trail Improvements R. It was recommended to receive Petition to Vacate Drainage & Utility Easement and Schedule Public Hearing (January 17, 2012) — Ballantrae Apartments S. It was recommended to approve Modification to the Final Plat — Pomroy Addition T. It was recommended to authorize Submittal of FY 2012 Community Development Block Grant Application to the Dakota County CDA U. It was recommended to authorize Submittal of 2012 Redevelopment Incentive Grant Application to the Dakota County CDA V. It was recommended to authorize Submittal of 2012 Redevelopment Grant Application for Completion of Cedar Grove Boulevard to the Minnesota Department of Employment and Economic Development W. It was recommended to approve Tobacco License for Discount Tobacco, Inc., 1960 Cliff Lake Road Ste 106 X. It was recommended to approve an Amended and Restated Easement and Assessment Agreement — Cedarvale Highlands Y. It was recommended to approve TWTC Conduit Lease Agreement PUBLIC HEARINGS 2012 FEE SCHEDULE City Administrator Hedges provided an overview of the notable changes to the proposed 2012 Fee Schedule. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and adopt a resolution approving the 2012 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 PROJECT 1047 — JOHNNY CAKE RIDGE ROAD (CLIFF ROAD TO CLITY LIMITS — STREET OVERLAY) City Administrator introduced the item regarding Project 1047, Johnny Cake Ridge Road street improvements, from Cliff Road to the Apple Valley border. Public Works Director Colbert provided City Council Meeting Minutes DRAFT December 20, 2011 3 page background on the project. Assistant City Engineer Gorder gave an overview of the feasibility report and the proposed improvements. Mayor Maguire opened the public hearing. Dakota County Commissioner Nancy Schouweiler addressed the Council expressing her appreciation for the agreement reached between Dakota County, Metropolitan Council and the City of Eagan regarding assessments against County Park land. Mayor Maguire closed the public hearing. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1047 Johnny Cake Ridge Road street improvements, Cliff Road to the Apple Valley border as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1078 — JOHNNY CAKE RIDGE ROAD (DIFFLEY ROAD TO TEAL COVE — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1078, Johnny Cake Ridge Road street improvements, Diffley Road to Teal Cove. Assistant City Engineer Gorder provided an overview of the feasibility study. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 1078 Johnny Cake Ridge Road street improvements, Diffley Road to Teal Cove, as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1079 — (DENMARK AVENUE / CLUBVIEW DRIVE — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1079 Denmark Avenue /Clubview Drive street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1079, Denmark Avenue /Clubview Drive street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1080 — RAHN ROAD (SHALE LANE TO CEDAR GROVE PARKWAY — STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1080, Rahn Road street improvements, Cedar Grove Parkway to Shale Lane. Assistant City Engineer Gorder provided an overview of the feasibility study. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 1080, Rahn Road street improvements from Cedar Grove Parkway to Shale Lane, as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 COACHMAN OAKS HOUSING IMPROVEMENT AREA — CITY OF EAGAN City Administrator Hedges introduced the item regarding Coachman Oaks Housing Improvement Area. City Planner Ridley gave a staff report and an overview of the item before the Council. T City Council Meeting Minutes December 20, 2011 -. r T 4 page City Attorney Bauer addressed the implementation of a Housing Improvement Area (HIA) under Minnesota Statutes 428A.11- 428A.21 and answered questions of the Council. Mayor Maguire opened the public hearing. Larry Gleason, board member representing the association, spoke to reasons why the board is requesting the loan and gave background on past board procedures and future goals of the association. Eleven residents of the Coachman Oaks Condominiums spoke to the Council regarding the City establishing a HIA to finance the cost of improvements of approximately $1,583,000. There were residents who spoke both in favor and in opposition of the City financing the housing improvements. Staff and the City Attorney answered questions raised by residents relative to the Minnesota Statute addressing the 45 percent needed to veto and, whether the dollar amount requested by the association could be adjusted to a lesser amount. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing on the possible implementations of a Housing Improvement Area (HIA) under Minnesota Statutes Sections 428A.11 — 428A.21 and to direct preparation of an ordinance establishing the Coachman Oaks HIA. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to direct the preparation of a resolution imposing fees on housing units within the Coachman Oaks HIA to finance improvements. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to direct the preparation of a Development Agreement between the City and the Association. Aye: 5 Nay: 0 Following the motions, Councilmember Tilley noted the 45 day window should residents want to veto the ordinance establishing the HIA. The City Council recessed at 8:40 p.m. The City Council reconvened at 8:50 p.m. OLD BUSINESS 2012 GENERAL FUND BUDGET AND PROPERTY TAX LEVY City Administrator Hedges introduced the item and briefly reviewed the proposed 2012 budget and property tax levy. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the proposed 2011 (payable 2012) property tax levy and the 2012 General Fund Budget. Aye: 5 Nay: 0 CENTRAL AREA RETAIL MARKET ABSORPTION STUDY RESULTS City Administrator Hedges introduced the item regarding the Central Area Retail Market Absorption Study. Hedges stated this item is for informational purposes only and no action by the Council is required. Community Development Director Hohenstein gave background on the item noting the Council authorized the preparation of a Market Absorption Study for the proposed project at its meeting of October 4, 2011. Hohenstein stated the study concluded that the Central Area can support between 630,000 and 940,000 square feet of additional City Council Meeting Minutes i'� AFT T December 20, 2011 ! (� l \ 5 page retail development between now and 2020 without cannibalizing the other retail properties in the area if the developer provides a unique mix of destination type retail uses. The study also concluded that the higher end of the range is achievable because the new development would attract additional shoppers from the secondary and tertiary market areas. The City Council also suggested allowing 100% retail on the site would likely broaden the appeal to retailers and allow CSM more flexibility with site design. Mary Bujold and Joe Holtman from Maxfield Research were present at the meeting, along with Tom Palmquist from CSM. There was a brief discussion by the Council regarding the results of the study. NEW BUSINESS There were no items to be discussed. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. CITY COUNCIL COMMENTS Mayor Maguire congratulated Prime Therapeutics for their announcement today. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:16 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo January 3, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Sheen Yang for the Code Enforcement/ Property Maintenance Technician position in the Community Development Department. FACTS: • On November 15, 2011, Council approved re- filling of the Code Enforcement/ Property Maintenance position due to employee resignation. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal/ Temporary Employees in Parks & Recreation, Utilities and Engineering: Name Division Job Title Taryn MacMillan Civic Arena Building Attendant I Jacob Grotta Utilities Seasonal Utility Maintenance Worker Andrew Scipioni Engineering Engineering Intern Alex Kabakov Engineering Engineering Intern Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Jon Eaton for the Utilities Superintendent position. FACTS: • On November 1, 2011, Council approved re- filling of the Utilities Superintendent position due to employee retirement/resignation. 1 I 0 Item 4. ACTION TO BE CONSIDERED: Acknowledge the resignation/retirement notice of Tom Colbert, Director of Public Works and authorize replacement of the position. FACTS: Director Colbert has provided advanced notice of his forthcoming planned retirement. ATTACHMENTS: • A copy of the resignation/retirement letter is enclosed without page numbers. 2 11 Agenda Information Memo January 3, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 15, 2011 and December 22, 2011 as presented. ATTACHMENTS: • Check registers dated December 15, 2011 and December 22, 2011 are enclosed without page number. to Agenda Information Memo January 3, 2012 City Council Meeting D. AGREEMENT WITH DIAMOND OFFICIALS OF EAGAN UMPIRES ASSOCIATION FOR EAGAN PARKS & RECREATION ACTION TO BE CONSIDERED: To approve the contract with Diamond Officials of Eagan Umpires Association to provide umpires to officiate adult softball league games during 2012 and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Diamond Officials of Eagan Umpires Association recruits and assigns certified umpires to officiate adult softball league games. • All fees paid to the Association are generated from adult softball league fees. • The Association has been providing this service successfully for a number of years, but the City's desire was to formalize this agreement from this point forward. ATTACHMENTS: t I • Agreement for Softball Umpire Services is enclosed on pages 1 T through (5 . AGREEMENT FOR SOFTBALL UMPIRE SERVICES THIS AGREEMENT, made this 3rd day of January 2012, by and between the Diamond Officials of Eagan Umpires Association ( "Association ") and the City of Eagan ( "City "), witnesseth: WHEREAS, the City requires the services of umpires to officiate various public games of softball; and WHEREAS, the Association has experienced, trained and certified umpires available to provide such service; NOW, THEREFORE, it is agreed by and between the parties as follows: A. The City retains the Association to furnish and provide umpire services for softball games occurring during the period between April 1 through October 31, 2012. The Association agrees to provide umpires to officiate in all such regularly- scheduled adult games sponsored and controlled by the City of Eagan Parks and Recreation Department during the period of this Agreement. B. The City hereby agrees to pay the Association for such services the following fees, upon the following conditions: 1. For each complete basic game, which is any game played Monday through Thursday or Saturdays that succeeds or precede another game, the sum of $25.50; 2. For each complete Sunday and Friday game, the sum of $27.50; 3. Rainout games called at the field will result in a $10.00 "show -up" fee; and 4. Single games consists of only one game on a field on any given night are $35.50 a game. C. If an umpire ejects a player, a description of the circumstances must be reported by calling in to (651) 675 -5566. The Association will instruct all umpires to call in game scores to (651) 675 -5566. D. For billing purposes, the Association will provide the Eagan Parks and Recreation Department any games Association umpires worked during the previous fourteen (14) days, including dates, games per date and the umpires who worked the games. The Parks and Recreation Department agrees to pay the Association the above consideration within four (4) weeks of each billing. E. Prior to April 1, 2012, the Eagan Parks and Recreation Department, in writing, may restrict the Association from using particular umpires due to past poor performance. Once the season has begun and the Parks and Recreation Department wishes to restrict the use of an umpire being used by the Association, both parties must consent to the restriction. If the Association does not consent, the umpire will work all remaining games to which he /she has been assigned, not to exceed ten (10) scheduled nights, and then shall not be used after that last assignment. 1 i F. The Association further agrees to the following: 1. To provide an umpire at no cost to work any regularly- scheduled game, which must be replayed pursuant to protest because of error of the umpire. 2. All umpires assigned to work games will be registered with the MRPA/USSSA and have attended an MRPA/USSSA clinic. 3. All umpires will be dressed in the complete uniform required by BASE or MRPA/USSSA. 4. The Association and its umpires are independent contractors with the City and shall not, for any purpose, be considered an employee of the City. Each umpire shall be responsible for obtaining his /her own health and liability insurance and for paying all taxes imposed on income earned under this contract. The umpires are not covered by the City's workers' compensation insurance. The City shall prepare an IRS Form 1099 to Diamond Officials of Eagan Umpires Association. 5. The Association shall be prohibited from discriminatory hiring practices based on race, creed, national origin, sex, sexual orientation, age, disability or marital status. All umpires shall refrain from participating in discriminatory practices against the above protected classes. 6. The Association will pay all umpires in a timely manner. 7. The Association must notify the City of increased fees for the upcoming year before January 1 of that year. 8. Umpires working at fields with scoreboards will be expected to utilize them during league play and report any malfunctions to the Parks and Recreation Department. IN WITNESS WHEREOF, the parties have set their hands and seal as the day and year first written above. DIAMOND OFFICIALS OF EAGAN CITY OF EAGAN UMPIRES ASSOCIATION By: By: Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk 2 /5— Agenda Information Memo January 3, 2012 City Council Meeting E. AGREEMENT WITH JACK SHAWN — SMOA OFFICIALS ASSOCIATION FOR EAGAN PARKS & RECREATION ACTION TO BE CONSIDERED: To approve the contract with Jack Shawn — SMOA Officials Association to provide officials to officiate adult basketball league games during 2012 and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Suburban Officials Association recruits and assigns certified officials to officiate adult basketball league games. • All fees paid to the Association are generated from adult basketball league fees. • The Association has been providing this service successfully for a number of years, but the City's desire was to formalize this agreement from this point forward. ATTACHMENTS: • Agreement for Basketball Official Services is enclosed on pages /7 through 1 . 'LP AGREEMENT FOR BASKETBALL OFFICIAL SERVICES THIS AGREEMENT, made this 3` day of January 2012, by and between the Jack Shawn - SMOA Officials Association ( "Association ") and the City of Eagan ( "City "), witnesseth: WHEREAS, the City requires the services of officials to officiate various public games of basketball; and WHEREAS, the Association has experienced, trained and certified officials available to provide such service; NOW, THEREFORE, it is agreed by and between the parties as follows: A. The City retains the Association to furnish and provide official services for basketball games occurring during the period between January 4 through December 31, 2012. The Association agrees to provide officials to officiate in all such regularly- scheduled adult games sponsored and controlled by the City of Eagan Parks and Recreation Department during the period of this Agreement. B. The City hereby agrees to pay the Association for such services the following fees, upon the following conditions: 1. For each complete game with two officials, the sum of $50.00 through August 31, 2012; 2. For each complete game with two officials, the sum of $56.00 through December 31, 2012; C. If an official ejects a player, a description of the circumstances must be reported to the scorekeeper on site. D. For billing purposes, the Association will provide the Eagan Parks and Recreation Department any games Association officials worked during the previous season, including dates and games per date. The Parks and Recreation Department agrees to pay the Association the above consideration within two (2) weeks of each billing. E. Prior to January 3, 2012, the Eagan Parks and Recreation Department, in writing, may restrict the Association from using particular official due to past poor performance. Once the season has begun and the Parks and Recreation Department wishes to restrict the use of an official being used by the Association, both parties must consent to the restriction. If the Association does not consent, the official will work all remaining games to which he /she has been assigned, not to exceed ten (10) scheduled nights, and then shall not be used after that last assignment. F. The Association further agrees to the following: 1. To provide an official at no cost to work any regularly - scheduled game, which must be replayed pursuant to protest because of error of the official. 1 2. All officials will be dressed in the complete uniform required by SMOA Officials Association. 3. The Association and its officials are independent contractors with the City and shall not, for any purpose, be considered an employee of the City. Each official shall be responsible for obtaining his /her own health and liability insurance and for paying all taxes imposed on income earned under this contract. The officials are not covered by the City's workers' compensation insurance. The City shall prepare an IRS Form 1099 to Jack Shawn — SMOA Officials Association. 4. The Association shall be prohibited from discriminatory hiring practices based on race, creed, national origin, sex, sexual orientation, age, disability or marital status. All officials shall refrain from participating in discriminatory practices against the above protected classes. 5. The Association will pay all officials in a timely manner. 6. The Association must notify the City of increased fees for the upcoming year before January 1 of that year. IN WITNESS WHEREOF, the parties have set their hands and seal as the day and year first written above. JACK SHAWN — SMOA OFFICIALS CITY OF EAGAN ASSOCIATION By: By: Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk 2 lid Agenda Information Memo January 3, 2012 City Council Meeting F. AGREEMENT WITH METRO VOLLEYBALL OFFICIALS ASSOCIATION FOR EAGAN PARKS & RECREATION ACTION TO BE CONSIDERED: To approve the contract with Metro Volleyball Officials Association to provide officials to officiate adult volleyball league games during 2012 and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Metro Volleyball Officials Association recruits and assigns certified officials to officiate adult volleyball league games. • All fees paid to the Association are generated from adult volleyball league fees. • The Association has been providing this service successfully for a number of years, but the City's desire was to formalize this agreement from this point forward. ATTACHMENTS: nn • Agreement for Volleyball Official Services is enclosed on pages°�� through D 1 . AGREEMENT FOR VOLLEYBALL OFFICIAL SERVICES THIS AGREEMENT, made this 3 day of January 2012, by and between the Metro Volleyball Officials Association ( "Association ") and the City of Eagan ( "City "), witnesseth: WHEREAS, the City requires the services of officials to officiate various public games of volleyball; and WHEREAS, the Association has experienced, trained and certified officials available to provide such service; NOW, THEREFORE, it is agreed by and between the parties as follows: A. The City retains the Association to furnish and provide official services for volleyball games occurring during the period between January 3 through December 31, 2012. The Association agrees to provide umpires to officiate in all such regularly- scheduled adult games sponsored and controlled by the City of Eagan Parks and Recreation Department during the period of this Agreement. B. The City hereby agrees to pay the Association for such services the following fees, upon the following conditions: 1. For each complete 3 game match through July, 2012, the sum of $27.50; 2. Single games consists of only one match on a court on any given night are $39.50 through July, 2012; 3. For each complete 3 game match from September through December, 2012, the sum of $28.50; and 4. Single games consists of only one match on a court on any given night are $41 from September through December, 2012; C. If an official ejects a player, a description of the circumstances must be reported by calling in to (651) 675 -5566. The Association will instruct all officials to call in game scores to (651) 675 -5566. D. For billing purposes, the Association will provide the Eagan Parks and Recreation Department any games Association officials worked during the previous fourteen (14) days, including dates and games per date. The Parks and Recreation Department agrees to pay the Association the above consideration within four (4) weeks of each billing. E. Prior to January 3, 2012, the Eagan Parks and Recreation Department, in writing, may restrict the Association from using particular umpires due to past poor performance. Once the season has begun and the Parks and Recreation Department wishes to restrict the use of an official being used by the Association, both parties must consent to the restriction. If the Association does not consent, the official will work all remaining games to which he /she has been assigned, not to exceed ten (10) scheduled nights, and then shall not be used after that last assignment. 1 O C) F. The Association further agrees to the following: 1. To provide an official at no cost to work any regularly- scheduled game which must be replayed pursuant to protest because of error of the official. 2. All officials will be dressed in the complete uniform required by Metro Volleyball Officials Association. 3. The Association and its officials are independent contractors with the City and shall not, for any purpose, be considered an employee of the City. Each official shall be responsible for obtaining his /her own health and liability insurance and for paying all taxes imposed on income earned under this contract. The officials are not covered by the City's workers' compensation insurance. The City shall prepare an IRS Form 1099 to Metro Volleyball Officials Association. 4. The Association shall be prohibited from discriminatory hiring practices based on race, creed, national origin, sex, sexual orientation, age, disability or marital status. All officials shall refrain from participating in discriminatory practices against the above protected classes. 5. The Association will pay all officials in a timely manner. 6. The Association must notify the City of increased fees for the upcoming year before January 1 of that year. 7. Officials working at courts with flip scoreboards will be expected to utilize them during league play and report any malfunctions to the Parks and Recreation Department. IN WITNESS WHEREOF, the parties have set their hands and seal as the day and year first written above. METRO VOLLEYBALL OFFICIALS CITY OF EAGAN ASSOCIATION By: By: Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk 2 al Agenda Memo January 3, 2012 City Council Meeting G. APPROVE a 2012 Promotion at the Eagan Community Center and Cascade Bay for Military Families. ACTION TO BE CONSIDERED. To approve a promotion at Cascade Bay on two Tuesdays in the months of June, July and August to offer discounted admission after 4 p.m., a promotion to offer free admission to F.A.N.tastic Saturdays at the Eagan Community Center on the first Saturday of each month and finally a promotion of offer free access to preschool open gym on the first Tuesday of each month to Eagan military families. FACTS: • The Eagan Yellow Ribbon team approached City staff in 2010 and 2011 to solicit free or low cost options for Eagan military families. • Since 2010, per Council direction, the City offers free admission at the Eagan Community Center for military families to FANtastic Saturdays on the First Saturday of each month as well as free admission to preschool open gym on the second Tuesday of every month. • In 2011, the Council took action to add a reduced rate admission to Cascade Bay on specified Tuesdays for Eagan military families. If approved the 2012 promotion will allow Eagan military families who show proper military ID, $3 admission to Cascade Bay after 4 pm on the following dates: o June 12 and 19 o July 10 and 17 o August 14 and 21 • Each January staff evaluates the value of the promotions to see if they remain a viable option to offer to Eagan military families and considers any modifications they may wish to recommend. • The promotions are brought to the City Council annually to seek approval for this limited opportunity for Eagan military families. • The Eagan Yellow Ribbon Team has expressed their appreciation to the City for considering such a promotion for military families in Eagan. ATTACHMENTS: None aD, Agenda Information Memo January 3, 2012 Eagan City Council Meeting H. PROJECT 1063, CHATTERTON PONDS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1063, (Chatterton Ponds - Street Improvements) and schedule a public hearing to be held on February 7, 2012. FACTS: • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets within the Chatterton Ponds Addition (Chatterton Road and Court) neighborhood, east of Pilot Knob Road, in central Eagan. • A structural mill & overlay of these streets is programmed for 2012 in the City of Eagan's 5 -Year CIP (2012- 2016). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 7, 2012. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo January 3, 2012 Eagan City Council Meeting I. PROJECT 1064, HILLS OF STONEBRIDGE 2 ND / 3RD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1064, (Hills of Stonebridge 2" / 3 Additions - Street Improvements) and schedule a public hearing to be held on February 7, 2012. FACTS: • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets within the Hills of Stonebridge 2 nd / 3 rd Additions neighborhood, north of Diffley Road and west of Dodd Road, in southeast Eagan. • A structural mill & overlay of these streets is programmed for 2012 in the City of Eagan's 5 -Year CIP (2012- 2016). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 7, 2012. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. aq Agenda Information Memo January 3, 2012 Eagan City Council Meeting J. PROJECT 1067, HAWTHORNE WOODS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1067, (Hawthorne Woods Addition - Street Improvements) and schedule a public hearing to be held on February 7, 2012. FACTS: • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets within the Hawthorne Woods Addition neighborhood, south of Diffley Road and east of Dodd Road, in southeast Eagan. • A structural mill & overlay of these streets is programmed for 2012 in the City of Eagan's 5 -Year CIP (2012- 2016). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 7, 2012. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. O�� Agenda Information Memo January 3, 2012 Eagan City Council Meeting K. PROJECT 1068, LEXINGTON POINTE 1 sT & 2ND STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1068, (Lexington Pointe 1 st / 2 Additions - Street Improvements) and schedule a public hearing to be held on February 7, 2012. FACTS: • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets within the Lexington Point 1 2 Additions neighborhood, south of Diff ley Road and east Lexington Avenue, in south - central Eagan. • A structural mill & overlay of these streets is programmed for 2012 in the City of Eagan's 5 -Year CIP (2012- 2016). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 7, 2012. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. c(p Agenda Information Memo January 3, 2012 Eagan City Council Meeting L. PROJECT 1077, NORTHVIEW PARK RD/ ELRENE RD/ BRADDOCK TR STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1077, (Northview Park Road/ Elrene Road/ Braddock Trail - Street Improvements) and schedule a public hearing to be held on February 7, 2012. FACTS: • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering the rehabilitation of Northview Park Road, Elrene Road, and Braddock Trail neighborhood collector streets in southeast Eagan. • A structural mill & overlay of these streets is programmed for 2012 in the City of Eagan's 5 -Year CIP (2012- 2016). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 7, 2012. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 67 Agenda Information Memo Eagan City Council Meeting January 3, 2012 M. AUTHORIZE REQUEST FOR PROPOSALS FOR FRANCHISE ATTORNEY ACTION TO BE CONSIDERED: To authorize staff to prepare and issue a Request for Proposals (RFP) for a cable /video franchise attorney to assist the City of Eagan in cable franchise renewal negotiations and ongoing advice and counsel. FACTS: • As contemplated in the 2012 budget and earlier presentations regarding Eagan Television, the City of Eagan will be entering a three year renewal period beginning in January for its cable franchise with Comcast. • The City requires specialized legal counsel to lead and manage these sensitive negotiations as well as occasional, but ongoing legal advice regarding existing franchise and Public, Educational and Government (PEG) access rules. • Such matters include, but are not limited to matters including franchise enforcement, interpretation of state and federal legislation, PEG requirements and such other telecommunications expertise as may be required. • The last time legal counsel was bid was as part of the former Burnsville Eagan Telecommunications Commission (BECT) in 2007. • A three year award with the option for two additional one year renewals is contemplated. ATTACHMENTS (0): Ee Consent Agenda Information Memo January 3, 2012 Eagan City Council Meeting N. COACHMAN OAKS HOUSING IMPROVEMENT AREA — CITY OF EAGAN ACTIONS TO BE CONSIDERED: The following items are consistent with the requirements for implementation of a Housing Improvement Area under Minnesota Statutes Sections 428A.11- 428A.21: 1. APPROVE an ordinance establishing the Coachman Oaks Housing Improvement Area. 2. APPROVE a resolution imposing fees on housing units within the Coachman Oaks Housing Improvement Area to finance improvements. 3. APPROVE the Development Agreement between the City and the Association. FACTS: (New information in Bold) ➢ The owners of the Coachman Oaks Condominiums have requested that the City establish a Housing Improvement Area to finance the estimated cost of improvements of $1,583,000. Capitalized interest, administrative costs, etc., raise the required bond issue (debt) to $1,660,000. ➢ A city may create a Housing Improvement Area to finance improvements to the common areas of condo and townhome associations when other financing cannot be obtained. This financing mechanism was adopted by the state legislature due to the inability of homeowner associations to readily obtain financing because they have very little collateral and cannot mortgage individual's units. ➢ Within a Housing Improvement Area, the City may finance housing improvements and recover the cost by assessing fees, much like special assessments. The fees are assessed against each unit, and appear on the property tax statement to be paid by the individual homeowners with their taxes. ➢ The sequence of events that has preceded the public hearing is as follows: ❑ In 2005, the City Council was approached by one of the City's Homeowners Association regarding the potential creation of a City policy for the creation of Housing Improvement District. ❑ In response, the City Council adopted a policy on September 20, 2005 that would permit consideration of petitions and the process by which applications would be reviewed. ❑ On May 4, 2011, the City Council received the Coachman Oaks Homeowners Association preliminary application and petition and authorized staff to request that the Association make a formal submittal of improvement plans, detailed financial plans and a fee to cover City costs associated with the detailed review. ❑ Those submittals were made and reviewed by City staff, the City Attorney, the Dakota County CDA and Ehlers and Associates, the City's fiscal consultant. They are in order for formal consideration through the public hearing process. ❑ On November 15, 2011, the City Council adopted a resolution calling for a public hearing on December 6, 2011, and notice was duly published and distributed to the owners of each unit, as required by state law. ➢ The total cost of the improvements, financed by the City, is estimated to be $1,583,000. The City will make a loan to the association in an amount of $1,660,000 at an interest rate of 5.0% and amortized over 15 years. ➢ The proposed fee is being spread against 218 units and the fees for the individual homeowners ranges from: ❑ $544.34 per year ($45.36 per month) to $1,175.40 per year ($97.95 per month) Or ❑ $5,650.33 to $12,200.23 total if paid in full ➢ Following the public hearing, if the City Council wishes to proceed in establishing the Coachman Oaks Housing Improvement Area, the Council should direct staff to prepare: ❑ an ordinance establishing the Housing Improvement Area; ❑ a resolution imposing housing improvement fees; and ❑ a development agreement between the City and the association Each of these items will come back to the Council for consideration on January 3, 2012. ➢ On December 20, 2011, the City Council held a public hearing and received background and testimony regarding the petition and the creation of the proposed HIA. The Council closed the public hearing and directed preparation of the three documents noted above. 0 > All items are in order to be approved at this time. ATTACHMENTS: (3) Ordinance on pages through Resolution on pages . through Development Agreement on pages 1 through ORDINANCE NO. AN ORDINANCE ESTABLISHING THE COACHMAN OAKS HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 to 428A.21. BE IT ORDAINED by the City Council of the City of Eagan as follows: Section 1. Recitals. 1.01. The City of Eagan ( "City ") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act ") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The Eagan City Council ( "Council ") has adopted a Housing Improvement Area Policy. 1.03. The City has determined a need to establish the Coachman Oaks Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Coachman Oaks Condominiums," all in accordance with the Housing Improvement Area Policy. 1.04. The City has consulted with the Coachman Oaks Condominiums Association (the "Condominium Association ") and the condominium owners regarding the establishment of the Coachman Oaks Housing Improvement Area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.01. The Council finds that, in accordance with Section 428A.12 of the Act, owners of at least 50 percent of the housing units (and more than 51% as required by the City's policy) within the Coachman Oaks Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. On December 20, 2011, the City conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Act, regarding adoption of this ordinance, at which all persons, including owners of property within the Coachman Oaks Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Coachman Oaks Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the Condominium Association or the housing unit owners in the Condominium Association. 2.04. The Council further finds that designation of the Coachman Oaks Housing Improvement Area is needed to maintain and preserve the housing units within such area. 2.05 The City will be the implementing entity for the Coachman Oaks Housing Improvement Area and the improvement fee. 2.06 The Council finds that the Coachman Oaks Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy, including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. The Condominium Association presented evidence to the Council adequate to demonstrate that these criteria were met, including presentation to the Council of the petition described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Coachman Oaks Housing Improvement Area is hereby defined as the area of the City legally described as Units 1 -220, Coachman Oaks Condominiums Association (CIC 45). 3.02. The Coachman Oaks Housing Improvement Area contains 220 housing units as of the date of adoption of this ordinance. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Coachman Oaks Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to the housing improvement area and common areas within the Coachman Oaks Housing Improvement Area: Building Interior Renovate party rooms Carpet - halls, lobbies, stairwells Wall coverings, paint halls, stairs, lobby and unit entries Interior signage Interior light fixtures Replace all wood doors, common and unit doors Tile flooring — garage elevator, lobbies and stairwells Renovate laundry rooms Renovate office Renovate mailroom Mailbox replacement, including parcel lockers Garage floor restoration Building Mechanical Install ball drain valves on supply risers Replace fire alarm system Replace exit and emergency lights Install corridor make -up air system 3� Site Improvements Exterior lighting Entrance signs Replace courtyard lampposts Install new boulder retaining walls Renovate tennis court 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; and (b) all costs incurred by the Association prior to the adoption of this Ordinance, but in furtherance of the construction of the housing improvements described in Section 4.01; Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Section 428A.14 of the Act, impose a fee on the housing units within the Coachman Oaks Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee "), subject to the terms and conditions set forth in this Section. 5.02. The Housing Improvement Fee shall be imposed upon 218 of the 220 units within CIC 45. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 15 years after the first installment is due and payable. 5.04. Housing unit owners shall be permitted to prepay the Housing Improvement Fee at any time prior to December 31, 2012. 5.05. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee. Section 6. Housing Improvement Area Loan. 6.01. At any time after a contract with the Condominium Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, and provided that the Council has secured the necessary bonds to finance the loan contemplated herein, the Council may begin disbursement to the Escrow Agent of the proceeds of the bond sales (the "Loan") of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid. Section 7. Annual Reports. 7.01. On October 31, 2012, and each year thereafter until there are no longer any o tstanding obligations in connection with the Coachman Oaks Housing Improvement Area, the Condominium Association (and any successor in interest) shall submit to the City Clerk a copy of t e Condominium Association's audited financial statements. 7.02. The Condominium Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into b-tween that entity and the City. Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this ordinance, the City Clerk is authorized and d rected to mail to the owner of each housing unit in the Coachman Oaks Housing Improvement • ea: a summary of this ordinance; notice that owners subject to the proposed Housing I provement Fee have a right to veto this ordinance if owners of at least 45 percent of the housing u its within the Coachman Oaks Housing Improvement Area file a written objection with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file 'th the City Clerk for public inspection. Section 9. Amendment. 9.01. This ordinance may be amended by the Council upon compliance with the public h aring and notice requirements set forth in Section 428A.13 of the Act. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof. • TTEST: CITY OF EAGAN City Council Bh : Christina M. Scipioni By: Mike Maguire ts: City Clerk Its: Mayor D ate Ordinance Adopted: 1 ate Ordinance Published in the Legal Newspaper: CITY OF EAGAN RESOLUTION NO. RESOLUTION ESTABLISHING THE COACHMAN OAKS HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 to 428A.21. BE IT RESOLVED by the City Council of the City of Eagan as follows: Section 1. Recitals. 1.01. The City of Eagan ( "City ") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act ") to establish by resolution a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The Eagan City Council ( "Council ") has adopted a Housing Improvement Area Policy. 1.03. The City has determined a need to establish the Coachman Oaks Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Coachman Oaks Condominiums," all in accordance with the Housing Improvement Area Policy. 1.04. The City has consulted with the Coachman Oaks Condominiums Association (the "Condominium Association ") and the condominium owners regarding the establishment of the Coachman Oaks Housing Improvement Area and the housing improvements to be constructed and financed under this resolution. Section 2. Findings. 2.01. The Council finds that, in accordance with Section 428A.12 of the Act, owners of at least 50 percent of the housing units (and more than 51% as required by the City's policy) within the Coachman Oaks Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. On December 20, 2011, the City conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Act, regarding adoption of this resolution, at which all persons, including owners of property within the Coachman Oaks Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Coachman Oaks Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the Condominium Association or the housing unit owners in the Condominium Association. 2.04. The Council further finds that designation of the Coachman Oaks Housing Improvement Area is needed to maintain and preserve the housing units within such area. 34 2.05 The City will be the implementing entity for the Coachman Oaks Housing Improvement Area and the improvement fee. 2.06 The Council finds that the Coachman Oaks Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy, including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. The Condominium Association presented evidence to the Council adequate to demonstrate that these criteria were met, including presentation to the Council of the petition described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Coachman Oaks Housing Improvement Area is hereby defined as the area of the City legally described as Units 1 -220, Coachman Oaks Condominiums Association (CIC 45). 3.02. The Coachman Oaks Housing Improvement Area contains 220 housing units as of the date of adoption of this resolution. Section 4. Housing Improvements Defined. 4.01. For the purposes of this resolution and the Coachman Oaks Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to the housing improvement area and common areas within the Coachman Oaks Housing Improvement Area: Building Interior Renovate party rooms Carpet - halls, lobbies, stairwells Wall coverings, paint halls, stairs, lobby and unit entries Interior signage Interior light fixtures Replace all wood doors, common and unit doors Tile flooring — garage elevator, lobbies and stairwells Renovate laundry rooms Renovate office Renovate mailroom Mailbox replacement, including parcel lockers Garage floor restoration Building Mechanical Install ball drain valves on supply risers Replace fire alarm system Replace exit and emergency lights Install corridor make -up air system Site Improvements Exterior lighting Entrance signs Replace courtyard lampposts Install new boulder retaining walls Renovate tennis court 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; and (b) all costs incurred by the Association prior to the adoption of this Resolution, but in furtherance of the construction of the housing improvements described in Section 4.01; Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Section 428A.14 of the Act, impose a fee on the housing units within the Coachman Oaks Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee "), subject to the terms and conditions set forth in this Section. 5.02. The Housing Improvement Fee shall be imposed upon 218 of the 220 units within CIC 45. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 15 years after the first installment is due and payable. 5.04. Housing unit owners shall be permitted to prepay the Housing Improvement Fee at any time prior to December 31, 2012. 5.05. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee. Section 6. Housing Improvement Area Loan. 6.01. At any time after a contract with the Condominium Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, and provided that the Council has secured the necessary bonds to finance the loan contemplated herein, the Council may begin disbursement to the Escrow Agent of the proceeds of the bond sales (the "Loan") of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid. Section 7. Annual Reports. 7.01. On October 31, 2012, and each year thereafter until there are no longer any outstanding obligations in connection with the Coachman Oaks Housing Improvement Area, the Condominium Association (and any successor in interest) shall submit to the City Clerk a copy of the Condominium Association's audited financial statements. 7.02. The Condominium Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this resolution, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Coachman Oaks Housing Improvement Area: a summary of this resolution; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this resolution if owners of at least 45 percent of the housing units within the Coachman Oaks Housing Improvement Area file a written objection with the City Clerk before the effective date of this resolution; and notice that a copy of this resolution is on file with the City Clerk for public inspection. Section 9. Amendment. 9.01. This resolution may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Section 428A.13 of the Act. Section 10. Effective Date. 10.1. This resolution shall be effective 45 days after adoption hereof. 11.1 The City Clerk shall file a certified copy of this Resolution to be recorded on the property tax list of Dakota County for the Coachman Oaks Housing Improvement Area. Approved by the City Council of the City of Eagan this 3rd day of January, 2012. Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk 3A DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made and entered into this day of January, 2012, by and between the CITY OF EAGAN, a Minnesota municipal corporation (the "City "), and COACHMAN OAKS CONDOMINIUMS ASSOCIATION, a Minnesota non - profit corporation, (the "Association "). (The City and Association shall collectively be referred to hereinafter as the "Parties "). WHEREAS, the Association consists of 220 condominium units (the "Property "); and WHEREAS, in accordance with Minnesota Statutes Chapter 428A, the requisite percentage of property owners within the Association filed a petition with the City Clerk to request a public hearing concerning the establishment of a housing improvement area to allow the Association to undertake housing improvements as defined herein; and WHEREAS, the City conducted a public hearing and adopted an ordinance to establish the Coachman Oaks housing improvement area; and WHEREAS, the City will finance the housing improvements (as defined herein) and create a housing improvement fee, provided that the Association enters into this Agreement. NOW, WHEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the Parties hereby agree as follows: 1. HOUSING IMPROVEMENTS. The Association must undertake the following housing improvements to the Property: Building Interior Renovate party rooms Carpet - halls, lobbies, stairwells Wall coverings, paint halls, stairs, lobby and unit entries Interior signage Interior light fixtures Replace all wood doors, common and unit doors Tile flooring — garage elevator, lobbies and stairwells Renovate laundry rooms Renovate office Mailbox replacement, including parcel lockers Garage floor restoration Building Mechanical Install ball drain valves on supply risers Replace fire alarm system Replace exit and emergency lights Install corridor make -up air system Site Improvements Exterior lighting Entrance signs Replace courtyard lampposts Install new boulder retaining walls Renovate tennis court (the "Housing Improvements "). 2. HOUSING IMPROVEMENT AREA LOAN. Within 30 days after the Association has provided the City with a copy of the contract(s) for the construction of Housing Improvements, the City shall disburse the sum of $1,583,000.00 (the "Loan ") to Dakota County Abstract and Title (the "Escrow Agent "). 3. DISBURSEMENTS FROM THE LOAN. The Association may obtain disbursements of the Loan by the Escrow Agent for the Housing Improvements and the following soft costs: Association's engineering consultants; fees incurred by the Association prior to the adoption of the Housing Improvement area in furtherance of completing the Housing Improvements; and fees to be charged by the escrow agent. Disbursements shall be made only after the Association has submitted a disbursement request to and the request has been approved by the Dakota County Community Development Agency (the "CDA "). Prior to the commencement of any phase of construction of the Housing Improvements, the Association must first coordinate a pre - construction meeting with the CDA inspection staff and the Construction Manager and /or Contractor selected by the Association. The CDA inspection staff, Construction Manager and /or Contractor and Association representatives will review the scope of work and final contract amounts, ensure that sufficient funds are on deposit with the Escrow Agent to complete the Improvements and establish a disbursement schedule whereby the CDA inspection staff will inspect the work completed to date and recommend approval of draw requests to the Escrow Agent. In addition, the CDA will approve all change orders to the construction contracts and, prior to such approval, shall determine that the Association has deposited sufficient funds with the Escrow Agent to complete the work. In the event after completion of the Housing Improvements that there are excess funds available, then the Escrow Agent shall disburse the same to the Association and the Association shall add any excess funds to the reserve fund of the Association. 4. REPRESENTATIONS BY ASSOCIATION. The Association makes the following acknowledgments, representations and covenants: 2 `t' A. The Association has the legal authority and power to enter into this Agreement. B. The Association will obtain, in a timely manner, all required permits, licenses and approvals, which must be obtained before the Housing Improvements may be constructed. C. The Association will complete the Housing Improvements by December 31, 2012. D. The Association has sufficient reserves to cover the cost of the Housing Improvements that may be in excess of the Loan. 5. ADDITIONAL OBLIGATIONS BY ASSOCIATION. The Association acknowledges that the City intends to obtain bonds to provide the loan to complete the Housing Improvements. In the event that the bond interest is greater than that quoted in the notices that are sent to property owners within the Association, the Association agrees to reimburse the City for any deficiencies that exceed the amount set forth in the notices. The Association further unconditionally guarantees the full and complete payment of all assessments that will be levied against each property owner within the Association for the Housing Improvements. In the event that a property owner fails to pay the assessment, the City shall provide notice to the Association in accordance with paragraph 10. The Association shall, within 30 days thereafter, reimburse the City for any assessment that has not been collected. 6. REQUIRED REPORTS. During the construction of the Housing Improvements, the Association shall, on or before the first day of each month, provide the CDA with a report on the status of the Housing Improvements to the Property. 7. COMPLETION OF HOUSING IMPROVEMENTS. The Housing Improvements must be completed on or before December 31, 2012. 8. DEFAULT. Each of the following occurrences shall constitute an event of default under this Agreement: A. Association shall fail to perform any of the terms of conditions to be kept or performed by the Association under this Agreement; B. Association shall fail to construct the Housing Improvements on or before December 31, 2012; 3 C. Failure by the Association to complete all of the Housing Improvements. D. Failure to maintain an independent professional management firm for the operation of the Association; and E. Failure to deposit funds into the project fund sufficient to complete the Housing Improvements as determined by the CDA. 9. REMEDIES. In the event of a default by the Association, the City may, at the City's option, request that the CDA coordinate completion of the work in default and seek reimbursement from the remaining loan funds held by the Escrow Agent and the Association for any costs that exceed the amount of the Loan, or the City may require that the Escrow Agent disburse any unused portion of the Loan to the City. 10. NOTICES AND DEMANDS. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: IF TO CITY: City of Eagan Attn: Mike Ridley 3830 Pilot Knob Road Eagan, MN 55122 WITH A COPY TO: Robert B. Bauer, City Attorney Dougherty, Molenda, Solfest, Hills & Bauer, P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 IF TO ASSOCIATION: Coachman Oaks Condominiums Association c/o Omega Management Attn: Ben Fotland 15350 25 Avenue North, #108 Plymouth, MN 55447 11. LAW GOVERNING. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 4 5 COACHMAN OAKS CONDOMINIUMS ASSOCIATION By: Its: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk 5 249 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by the of COACHMAN OAKS CONDOMINIUMS ASSOCIATION, a Minnesota non - profit corporation, on behalf of the non - profit corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of January, 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the CITY OF EAGAN, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 6 1.. Agenda Information Memo January 3, 2012, Eagan City Council Meeting O. APPROVE CHANGE IN MANAGEMENT ON THE ON -SALE 3.2 PERCENT MALT LIQUOR (BEER) AND WINE LICENSE FOR SMASHBURGER ACQUISITION- MINNEAPOLIS, LLC, DBA SMASHBURGER ACTION TO BE CONSIDERED: To approve a change in management on the On -Sale 3.2 Percent Malt Liquor (Beer) and Wine License for Smashburger Acquisition - Minneapolis, LLC, dba Smashburger, located at 1270 Promenade Place. FACTS: ➢ A change in management has occurred at the above referenced location. A new officer of Smashburger Acquisition, LLC, Christopher Chang, has completed the necessary forms and paid the appropriate investigation fee. > The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) /(0 Agenda Information Memo January 3, 2012 Eagan City Council Meeting A. PROJECT 1076, SLATER ROAD/ WHISPERING WOODS 4 5TH STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1076, Slater Road/ Whispering Woods 4 th / 5th Additions (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 22 years, the City has rehabilitated approximately 175 miles of local streets. • The resurfacing of Slater Road (Wall Street to the Burnsville border) and the streets within the Whispering Woods 4 th / 5th Additions neighborhood in southwest Eagan has been programmed for 2012 in the City's 5 -Year Capital Improvement Program. • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 6, 2011, the feasibility report for Project 1076 was presented to the City Council and a Public Hearing was scheduled for January 3 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 27 for the adjacent property owners to discuss the proposed improvements. Of the 76 total properties (all single - family residential) proposed to be assessed under this improvement, 1 resident from 1 property attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages through Cr . • Informational Meeting Minutes, paga j r 7 O , 47 '.***..44.4% 1 0 rE a all Report for Slater Road /Whispering Woods 4th & 5th Street Revitalization City Project No. 1076 December 2011 ,- e , , *: ... a -4. �t e tyres ; c . r ,{/ : ! I ``/"/// " ' R- " . �.. „..„ . ! i 7 f rte > \,,,/' Of ` .+ /s ' , y - r t j Qb, �° a' t s ? ✓'� _'VZ if f. ;. r. 41 10. 1 0 f E a all December 28, 2011 Mike Maguire Honorable Mayor and City Council Mayor City of Eagan 3830 Pilot Knob Road Paul Bakken Eagan, MN 55122 Cyndee Fields Gary Hansen Re: Slater Road /Whispering Woods 4th & 5th Street Revitalization Meg Tilley City Project No. 1076 Council Members Dear Mayor and City Council: Thomas Hedges City Administrator Attached is our report for the Slater Road /Whispering Woods 4th & 5th Street Revitalization, City Project No. 1076. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to Municipal Center review and discuss the contents of this report. 3830 Pilot Knob Road Sincerely, 44- Eagan, MN 55122 -1810 ls p 651.675.5000 phone � 651.675.5012 fax ohn P. Gorder 651.454.8535 TDD Assistant City Engineer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Maintenance Facility Licensed Professional Engineer under the laws of the 3501 Coachman Point State of Minnesota. Eagan, MN 55122 1 651.675.5300 phone e/1/)-- John P. Gorder 651.675.5360 fax 651.454.8535 TDD Date: 17 - - /1 Reg. No. 22813 Reviewed B : � f www.cityofeagan.com z- Dept. of Public Works Date: jZ - -er— /1 Reviewed By: The Lone Oak Tree The symbol of Finance Dept. i W..) Date: - - strength and growth in our community. TABLE OF CONTENTS Executive Summary - 1 Introduction /History - Scope 3 Area To Be Included -3 Feasibility and Recommendations - Street Pavement Evaluation _4 Proposed Improvements - Easements /Permits - Cost Estimate 7 Assessments - 8 Assessment Financing Options g Revenue Source - Project Schedule 10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures 1 - Location Map 2 - Street Improvement /Assessment Area Map 3 - Typical Section — Mill & Overlay GO Executive Summary Background Project Name Slater Road / 4th Project # 1076 Whispering Woods 4 & 5th Street Area 18,440 sq. yds. Street Length % mile mile (Slater Road) ile (Whispering Woods) 1987 (Whispering Woods) Four Seasons Drive/ Court Constructed 1994 (Slater Road) Whispering Court/ Trail Overlayed - Streets Included Travelers Trail Crack Sealed - Slater Road Seal Coated 1992, 1995, 2004 & 2008 South 1 /2 Section 31 Relative South of Cliff Road, West of Absolute Location Trunk Highway 77 Township 27, Range 23 Location Project Details Roadway resurfacing PCI Rating 39 Replacement of damaged Recommended Patch /Repair and 1.5" curb & gutter/ sidewalk Improvement Overlay Adjustment /Replacement of; Curb Removal 9% Scope Sanitary /storm sewer Residential Lots 76 Utility castings Water gate valves Commercial /Industrial 0 Street signage /Public Facility Lots Cost Estimate/ Revenue Property City Mill & Overlay w/ Signage — Whispering Woods 4 5th $ 109,000 $53,100 $55,900 Mill & Overlay w/ Signage — $ 51,600 $15,300 $36,300 Slater Road Repair Existing Concrete Curb & Gutter $ 60,700 $60,700 Total $ 221,300 $ 68,400 (31 %) $ 152,900 (69 %) Slater Road /Whispering Woods 4th & 5th 1 December 2011 Neighborhood Street Revitalization Slater Road /Whispering Woods 4th & 5 Eagan, Minnesota C�� Introduction/ History Pavement Management - As a part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed which allowed the City to evaluate the condition of existing pavement surfaces for all streets on a routine basis and schedule timely maintenance. This information is used to develop a five -year Capital Improvement Program (CIP) for street rehabilitation. The nearly % mile of Slater Road (Wall Street to the Burnsville border), a neighborhood collector, and the % mile of local residential street within the Whispering Woods 4th & 5th neighborhood in southwest Eagan are identified for 2012 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this residential neighborhood were constructed from 1987 (Whispering Woods 4th /5th) to 1994 (this portion of Slater Road). Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, and again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that these streets were seal coated in 1992, 1995, 2004 and 2008. Slater Road /Whispering Woods 4th & 5th 2 53, The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and place leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section unless combined with the bituminous recycling and overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) and access in the project area and determined the system is in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of -way and easements such as street lights, utility boxes, and storm water ponds /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items are included in this project, if needed. Scope This project will provide resurfacing (edge mill and overlay) for approximately one mile of roadway. Figure 2, in Appendix C, illustrates the project limits . Included in this project are the following improvements: replacement of damaged curb and gutter, adjustment and /or replacement of sanitary /storm sewer utility castings, water gate valves, and street signage. Area To Be Included Properties included in the project lie within the South 1 /2 Section 31, Tying South of Cliff Road, West of Trunk Highway 77 (Cedar Avenue), in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. Slater Road /Whispering Woods 4th & 5th 3 Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase ride ability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2012 — 2016) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the City. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 —100 Routine Maintenance /Crack Seal /Seal Coat 36 - 55 Patch /Repair and /or Overlay 0 - 35 Reconstruct/ Reclaim The 2011 PCI rankings for the street segments have a weighted average pavement condition rating of 39 for Slater Road /Whispering Woods 4th & 5th, which falls in the lower rankings of the "Patch /Repair and /or Overlay" category, as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2012 construction season is the optimal time to construct the bituminous overlay on these streets . Any delay of the project may reduce the structural benefit to the street sections and require full reconstruction. Slater Road /Whispering Woods 4 & 5 4 C,, Proposed Improvements Pavement - The proposed street improvements for Slater Road /Whispering Woods 4th & 5th are shown in :II; , : '' _ , Figure 3. The existing street section for Slater Road ! '? , r— ( _ .. ' : r S � �, consists of 3 %" bituminous pavement supported by � � ,.; _-- t. ! ;� � _ j3` ` A s , .. h . 8" gravel base. The existing street section for the ii► =- local streets within Whispering Woods 4th & 5th is of F S , 3" bituminous pavement supported by 6" gravel y base. The existing bituminous surfaces will be milled adjacent to the existing curb and gutter (6'- 8' wide) to accommodate a 1 1 /2 inch bituminous overlay over the entire width of the pavement. The overlay, combined with the existing street section, will provide a section consistent with current City standards for neighborhood collector and residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. . Concrete Curb & Gutter - Damaged curb & gutter 1 be replaced if severely cracked, spalled, or settled. It is .. R '� estimated that approximately 9% of the existing 44 t � r -, „. concrete curb and gutter in this project area will have to .. '_. $ A i 1 , ' ;' be replaced. Boulevard turf will be removed and r" ., : w , replaced. While the contractor who performs the work is ' � Y r. responsible for the establishment of the new turf in the „ first 30 days after placement, adjacent property owners are encouraged to consistently water it, where possible, to help ensure its growth. Slater Road /Whispering Woods 4th & 5 th 5 55 Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Alternative adjustment materials and methods are investigated and implemented to reduce infiltration into the City sanitary and storm sewer systems. / - -, , ,,,,..„,,,, N ti 5 so, $ - ` '4 t x, I . 1 Sidewalk /Path & Pedestrian Ramp — The Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface I • , � , i mprovements. The most common method of providing '°4 z � s-T this detectable warning is through the installation of — ' gyp p truncated domes a minimum of two feet in length across � �'`=''� the width of all pedestrian ramps. This project provides for ; � �, the installation of truncated dome pedestrian ramps along as' #:> the existing sidewalk along Slater Road. Slater Road /Whispering Woods 4 th & 5th 6 5 Lp Signage - Traffic and street identification signage within the project limits has reached the end of its useful life and will be considered for replacement as part of this nit f ,.t. i , .`• -, ,. _' project. Existing signage will be reviewed to determine if it ' is required by the Minnesota Manual on Uniform Traffic Control Devices ( MnMUTCD). Existing signs which are + • required by the MnMUTCD will be replaced to improve • <Y`�.5 -' safety and night time visibility. Existing signs which are not _. required by, or compliant with, the MnMUTCD will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are in good condition and provide adequate coverage at the street intersections. omp ete. treet Improvements s Easements /Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2012 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: •Mill & Overlay w/ signage — Whispering Woods 4th/ 5th $109,000 •Mill & Overlay w/ signage — Slater Road $ 51,600 •Repair Existing Concrete Curb & Gutter/ Sidewalk $ 60,700 Total $221,300 Slater Road /Whispering Woods 4th & 5th 7 5 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for commercial/ industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Residential* 50% 50% Repair Existing Concrete Curb & Gutter 0% 100% *While the City's Special Assessment Policy calls for 50% of mill & overlay pavement costs to be assessed, properties with access to Slater Road are proposed to be assessed at a mill and overlay rate with a 10% credit proposed because the pavement condition of Slater Road has prematurely deteriorated (2 years prior to an anticipated 20 -year pavement life cycle, 2/20 = 10 %). This reduced assessment rate is in accordance with an update (February 16, 2010) of the City's Special Assessment Policy addressing premature infrastructure failure. Residential Lots — Street Improvements (Slater Road /Whispering Woods 4th & 5th) All residential Tots (76 total single - family residential lots) as shown on Figure 2 having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for local residential streets, based on a standard 32 -foot width. Slater Road is 37 feet wide within the project area. The estimated cost per single - family lot based on the City Assessment Policy is $900 /lot, calculated as follows: 1) % Low - Density Residential Frontage = 9,300/ 10,160 = 91.5% 2) [$109,000 (Whisp Woods Mill & Overlay Cost + Signage Cost) x 50% x 91.5 %] + [$51,600 (Slater Rd Mill & Overlay Cost + Signage Cost) x 50% x 32/37 x 90% (10% Credit) x 91.5% = $68,300 [Total Residential Assessment (R -1, 2, 3)] 3) $68,300 (Total Residential Assessment) = $900 / Lot 76 Single Family Residential Lots Slater Road /Whispering Woods 4th & 5th 8 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example with an estimated 5.0% interest for the assessed amounts: Single Family Residential Lot = $900 Principal Per Year Interest Per Cost Per Year Year First Year $180 $56 $236 Fifth Year $180 $ 9 $189 Revenue Source A summary of revenue sources is listed below: Project Property Assessment City Contribution Cost Mill and Overlay (Inc! Signage) — WW 4/5 $ 109,000 $ 53,100 $ 55,900 Mill and Overlay (Incl Signage) — Slater Rd $ 51,600 $ 15,300 $ 36,300 Repair Existing Curb/ Sidewalk $ 60,700 0 $ 60,700 Totals $ 221,300 $ 68,400 $ 152,900 The City's Major Street Fund will finance the estimated project deficit of $152,900 (69% of total). Slater Road /Whispering Woods 4 th & 5 th 9 /\ Project Schedule Present Feasibility Report to City Council/ Order Public Hearing December 6, 2011 Informational Meeting December 27, 2011 Public Hearing January 3, 2012 Approve Plans and Specifications March, 2012 Award Contract April, 2012 Project Completion August, 2012 Final Cost Report September, 2012 Final Assessment Hearing Fall, 2012 First Payment Due with Property Tax Statement May 15, 2013 Slater Road /Whispering Woods 4th & 5th 10 100 Appendix A Preliminary Cost Estimate City Project 1076 Slater Road/ Whispering Woods 4th -5th Item No. Item Unit Unit Price Est Qty Estimated Cost Part I - Bituminous Street Overlay - Whispering Woods 4/5 - Local Street 2021.501 Mobilization LS $ 5,000.00 1 $ 5,000.00 2232.501 Mill Bituminous Pavement (0 -1 1/4" depth, 6' width) SY $ 0.70 5200 $ 3,640.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 700 $ 2,800.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 50.00 1000 $ 50,000.00 2506.602 Adjust Gate Valve Box EA $ 125.00 5 $ 625.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 24 $ 9,600.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA $ 185.00 3 $ 555.00 2504.602 Repair Gate Valve Mid Section EA $ 155.00 3 $ 465.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 175.00 4 $ 700.00 SP -1 Signage Remove & Replace LS $ 3,500.00 1 $ 3,500.00 2563.601 Traffic Control LS $ 3,000.00 1 $ 3,000.00 Subtotal $ 79,885.00 5% Contingency $ 3,994.25 Subtotal $ 83,879.25 30% Indirect Costs $ 25,163.78 Part I - Bituminous Street Overlay - Whispering Woods 4/5 - Local Street $ 109,043.03 Item No. Item Unit Unit Price Est Qty Estimated Cost Part II - Bituminous Street Overlay - Slater Road 2021.501 Mobilization LS $ 2,500.00 1 $ 2,500.00 2232.501 Mill Bituminous Pavement (0 -1 1/4" depth, 6' width) SY $ 0.70 2000 $ 1,400.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 250 $ 1,000.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 50.00 500 $ 25,000.00 2506.602 Adjust Gate Valve Box EA $ 125.00 1 $ 125.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 6 $ 2,400.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 175.00 2 $ 350.00 2582.502 24" Solid Line White - Epoxy LF $ 7.00 40 $ 280.00 2582.502 4" Double Solid Line Yellow- Epoxy LF $ 0.60 1400 $ 840.00 SP -1 Signage Remove & Replace LS $ 1,870.00 1 $ 1,870.00 2563.601 Traffic Control LS $ 2,000.00 1 $ 2,000.00 Subtotal $ 37,765.00 5% Contingency $ 1,888.25 Subtotal $ 39,653.25 30% Indirect Costs $ 11,895.98 Part I I- Bituminous Street Overlay - Slater Road $ 51,549.23 Item No. Item Unit Unit Price Est Qty Estimated Cost Part III - Repair Existing Curb & Gutter/ Sidewalk 2104.501 Remove Concrete Curb and Gutter LF $ 6.00 850 $ 5,100.00 2104.503 Remove Concrete Sidewalk (4 ") SF $ 0.60 250 $ 150.00 2104.505 Remove Concrete Valley Gutter SY $ 10.00 0 $ - 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $ 15.00 10 $ 150.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 10 $ 1,000.00 2504.602 Repair Residential Sprinkler Head EA $ 100.00 10 $ 1,000.00 2504.602 Repair Sprinkler System EA $ 250.00 5 $ 1,250.00 2504.602 Repair Invisible Dog Fence Line EA $ 100.00 5 $ 500.00 2506.602 Adjust Frame & Ring Casting (CB) EA $ 250.00 41 $ 10,250.00 2506.602 Remove & Replace Storm MH Top Slab w/ Casting EA $ 2,500.00 1 $ 2,500.00 2506.602 Remove & Replace Storm CB w/ Casting EA $ 2,500.00 1 $ 2,500.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 100.00 4 $ 400.00 2521.501 4" Concrete Ped Ramp w /Wet Cast for Truncated Dome Inset SF $ 4.50 250 $ 1,125.00 2531.501 Concrete Curb and Gutter, Surmountable LF $ 17.00 850 $ 14,450.00 2531.618 Truncated Dome Detectable Warning Paver SF $ 42.00 24 $ 1,008.00 2540.602 Repair Residential Landscaping EA $ 170.00 3 $ 510.00 2573.530 Storm Drain Inlet Protection EA $ 125.00 3 $ 375.00 2575.505 Sodding, Type Lawn (Highland) SY $ 7.00 220 $ 1,540.00 2575.551 Compost, Grade 1 TON $ 20.00 32 $ 640.00 Subtotal $ 44,448.00 5% Contingency $ 2,222.40 Subtotal $ 46,670.40 30% Indirect Costs $ 14,001.12 Part III - Repair Existing Curb & Gutter/ Sidewalk $ 60,671.52 Part I - Bituminous Street Overlay - Whispering Woods 4/5 - Local Street $ 109,043.03 Part II - Bituminous Street Overlay - Slater Road $ 51,549.23 Part III - Repair Existing Curb & Gutter $ 60,671.52 Project 1076 Total Cost $ 221,263.77 Appendix B Preliminary Assessment Roll City Project 1076 - Slater Road /Whispering Woods 4th & 5th Slater Road R -1 Residential P.I.N. Lot Equivalent Rate Total 4905 Slater Road 10- 83959 -01 -010 1 $900 $900 4909 Slater Road 10- 83959 -01 -020 1 $900 $900 4913 Slater Road 10- 83959 -01 -030 1 $900 $900 4917 Slater Road 10- 83959 -01 -040 1 $900 $900 4921 Slater Road 10- 83959 -01 -050 1 $900 $900 4925 Slater Road 10- 83959 -01 -060 1 $900 $900 4929 Slater Road 10- 83959 -01 -070 1 $900 $900 • 4933 Slater Road 10- 83959 -01 -080 1 $900 $900 4937 Slater Road 10- 83959 -01 -090 1 $900 $900 4941 Slater Road 10- 83959 -01 -100 1 $900 $900 4920 Slater Road 10- 16725 -02 -030 1 $900 $900 4924 Slater Road 10- 16725 -02 -020 1 $900 $900 4928 Slater Road 10- 16725 -02 -010 1 $900 $900 4940 Slater Road 10- 83959 -02 -010 1 $900 $900 4944 Slater Road 10- 83959 -02 -020 1 $900 $900 4948 Slater Road 10- 83959 -02 -030 1 $900 $900 2225 Estates Dr (access to Slater Road) 10- 83959 -01 -110 1 $900 $900 Subtotals 17 $15,300 Four Seasons Court R -1 Residential P.I.N. Lot Equivalent Rate Total 4851 Four Seasons Court 10- 83954 -01 -070 1 $900 $900 4855 Four Seasons Court 10- 83954 -01 -080 1 $900 $900 4859 Four Seasons Court 10- 83954 -01 -090 1 $900 $900 4858 Four Seasons Court 10- 83954 -01 -100 1 $900 $900 4854 Four Seasons Court 10- 83954 -01 -110 1 $900 $900 4850 Four Seasons Court 10- 83954 -01 -120 1 $900 $900 Subtotals 6 $5,400 Four Seasons Drive R -1 Residential P.I.N. Lot Equivalent Rate Total 4801 Four Seasons Drive 10- 83953 -02 -010 1 $900 $900 4805 Four Seasons Drive 10- 83953 -02 -020 1 $900 $900 4809 Four Seasons Drive 10- 83953 -02 -030 1 $900 $900 4813 Four Seasons Drive 10- 83954 -01 -010 1 $900 $900 4817 Four Seasons Drive 10- 83954 -01 -020 1 $900 $900 4821 Four Seasons Drive 10- 83954 -01 -030 1 $900 $900 4825 Four Seasons Drive 10- 83954 -01 -040 1 $900 $900 4829 Four Seasons Drive 10- 83954 -01 -050 1 $900 $900 4833 Four Seasons Drive 10- 83954 -01 -060 1 $900 $900 4800 Four Seasons Drive 10- 83953 -01 -070 1 $900 $900 4804 Four Seasons Drive 10- 83953 -01 -060 1 $900 $900 4816 Four Seasons Drive 10- 83954 -02 -030 1 $900 $900 4820 Four Seasons Drive 10- 83954 -02 -020 1 $900 $900 4832 Four Seasons Drive 10- 83954 -02 -010 1 $900 $900 4845 Four Seasons Drive 10- 83954 -01 -130 1 $900 $900 4853 Four Seasons Drive 10- 83957 -01 -010 1 $900 $900 4857 Four Seasons Drive 10- 83957 -01 -020 1 $900 $900 4861 Four Seasons Drive 10- 83957 -01 -030 1 $900 $900 4865 Four Seasons Drive 10- 83957 -01 -040 1 $900 $900 4865 Four Seasons Drive 10- 83957 -01 -050 1 $900 $900 IPS 4856 Four Seasons Drive 10- 83956 -01 -020 1 $900 $900 4860 Four Seasons Drive 10- 83956 -01 -030 1 $900 $900 4864 Four Seasons Drive 10- 83956 -01 -040 1 $900 $900 4868 Four Seasons Drive 10- 83956 -01 -050 1 $900 $900 4872 Four Seasons Drive 10- 83955 -01 -020 1 $900 $900 Subtotals 25 $22,500 Whispering Trail R -1 Residential P.I.N. Lot Equivalent Rate Total 2226 Whispering Trail 10- 83952 -02 -010 1 $900 $900 2238 Whispering Trail 10- 83952 -02 -090 1 $900 $900 2246 Whispering Trail 10- 83953 -04 -010 1 $900 $900 2254 Whispering Trail 10- 83953 -04 -020 1 $900 $900 2258 Whispering Trail 10- 83954 -03 -010 1 $900 $900 2262 Whispering Trail 10- 83954 -03 -020 1 $900 $900 2266 Whispering Trail 10- 83954 -03 -030 1 $900 $900 2272 Whispering Trail 10- 83956- 0 -1 -10 1 $900 $900 2233 Whispering Trail 10- 83952 -01 -040 1 $900 $900 2237 Whispering Trail 10- 83952 -01 -050 1 $900 $900 2241 Whispering Trail 10- 83953 -01 -010 1 $900 $900 2245 Whispering Trail 10- 83953 -01 -020 1 $900 $900 2249 Whispering Trail 10- 83953 -01 -030 1 $900 $900 2253 Whispering Trail 10- 83953 -01 -040 1 $900 $900 2265 Whispering Trail 10- 83954 -02 -040 1 $900 $900 2269 Whispering Trail 10- 83954 -02 -050 1 $900 $900 2273 Whispering Trail 10- 83954 -02 -060 1 $900 $900 2277 Whispering Trail 10- 83954 -02 -070 1 $900 $900 Subtotals 18 $16,200 Whispering Court R -1 Residential P.I.N. Lot Equivalent Rate Total 4813 Whispering Court 10- 83952 -02 -080 1 $900 $900 4817 Whispering Court 10- 83952 -02 -070 1 $900 $900 4821 Whispering Court 10- 83952 -02 -060 1 $900 $900 4825 Whispering Court 10- 83952 -02 -050 1 $900 $900 4828 Whispering Court 10- 83952 -02 -040 1 $900 $900 4824 Whispering Court 10- 83952 -02 -030 1 $900 $900 4820 Whispering Court 10- 83952 -02 -020 1 $900 $900 Subtotals 7 $6,300 Travelers Trail R -1 Residential P.I.N. Lot Equivalent Rate Total 2281 Travelers Trail 10- 83953 -01 -050 1 $900 $900 2280 Travelers Trail 10- 83953 -03 -020 1 $900 $900 2284 Travelers Trail 10- 83953 -03 -010 1 $900 $900 Subtotals 3 $2,700 76 Single - Family Lots TOTAL ASSESSMENT $ 68,400 (d-t M � t if n % t 13 SILVER BELL RD. d N` ` cp ) I Alb c _f ( A-4c ♦ & 1 i I DIFFLEY ROAD j/h w ›¢- It A /7 „. , , • LL Q o 4,1 iir I t,4 1 L9 d a u) z a Project Location till cq I CLIFF ROAD CLIFF ROAD 7, 40 !�� 11 21^' 111 ; • r 16 1 ; . h 0 ,7- APPLE VALLEY 11 /01 /2011 Fig. 1 -, Slater Road / Whispering Woods 4th & 5th � ', s S treet Revitalization - Project 1076 Fi y City of Ea�aIl i g Engineering Department ipS Location Map t lF Y6 r c k as � E ` F ; t , X 4800 , 2245 , ...,, ,_ i1/4 w 1 k p ' � 224 ,' � , 2241 ' 2237 �# 2233 fur R ;" - ° 2281, � �. '�° �. .� ` re tr, �c ,. # '4804 t . 2253 { 4805 t ► , T _ `� 4809 ► »' ; A p _ AVE E , S � 1 ,4813' , » ` » , R R , 481 '" ,. 2246 -' 'r i ? C, t 'x (n 2284 . 2238 #'fit,:_ Z . ' 1 2254 0 1, 4Y . 4., Ct-4, � ,. 2 2 26 t . , � / " ' ,� 2280 'r N 4817 „Ili f „ i, 1 W 481 65 � t '2258 4821 `( t ' 4817 .�, Z , ` :' 4820 pp Y — c,. • . �f, 4821 3 ? "�4820 ' j ` , a 0 itt ' e 4 2269 r) y, pL'y if s n _ ,, 1 � :.: ," ,, 1 / 4 ,, � 5 l b i4 ' - t 1 - ` 4832 s. k 3 , "` 2266 . - '4825 X � , 't . <` 4824 4825 " i' i G t f . Y , 2773 4 p x , , . 4828 i , r _Air s _ N , - s - -* , r » u ` _ #... ' ' 4856 ° r 4860 w ` ". 4 m 2 277 t �: t r 4864 4868 t k „ ,-, � « 4833 1 � k, 4 . : � �J - 4829 nre,,,,,-,1A1/4 t i E a ` � € c I 4851 ` ' 2272 di ' .. 4872 w „ I � � * �:J ai! V ia ��: � � y ,.,' .... ,,1A, � `� .p.??;„.; . x '� ♦ " � s+ 4 4855 ' r P 5 p` — z� �' 4850 a � 'ICI ` ' „ # ma y" -.T ' ; � ' r" * .t 4865 - - - , 1 " ' O , :� °^ x; 1 ,4 4861 r* 30 = ' x , _ r ' 485 " � " ° 4869 = a T. r ' ' .i!1T � i + 4853 ' — a , 48 48 �' ` ate.. . j , -: -, , '# s . .",rte �. ' : --'.1 ' � . r 441101, 4859 `` m : , 48 58 '` r . 3 sx s of +si e v 1 LEGEND IEi nn =woo . — ASSESSMENT AREA J STREET IMPROVEMENTS ` � Slater Road / Whispering Woods 4th & 5th Additions City of Ea�al Street Revitalization - Project 1076 Fig. 2A Engineering Department Street Improvement Area -- ' , S TORLAND RD #.' i ' 7'''' 1 . '; '' .i .1.,, , ,. i \ ,11'f=.. S 4, ra^ / 1 ' tittil L A 4905 ' "` 4 + . .�`. . ¢ `� � , � � t.� Y rig` e = tosto ' r5 w ti x i r' 413 - s 5 i * , � � ",; g w PJ e - 3 a s ai " a ? � f , lit � r - 4909 li i M # x � r‹ 1 ',..";"4: 4913 " 'i x ' r '. .' f . • 4 : - 4 1 " , w ' ':, ' .., ,k:%:. ,-A *' ', w „,-..!•.- 17.41 .zr,r } 4917 • I. r .� t 'd � 4921 , � � t w �� 1 � F � r. - e s ,' /� ti N 4920 � t r k xj; r -5!F ,y ams 7 _ _ Z ,. •,,,*. .' �'.X �! V R`�fA `u' _44', I z a r a t Y, I_ 1 , � : 4 9 24 c ; i?. ; . r 4925 4 . iP'' iw , twkf g° 4928 . � } j , r i ., .`?. '-* y : � g �' , " , =' 4929 ( t ' 1 rfi ar '• A te f tx - k. s` u . 4933 s 1 7'1_ ! , '» , f ' w ' ' , 11' 'I ir 1 for .,N,*: . ' ..',,,,i. !-,... if z ` 4937 g f 3 ? + N i r z `„ 4+ '�,'� � nil,. 4941 � ' d r �" � " %. f" . � _ F Atel -, :,use t § E -; �� v` , � . � ' , ej; ,+ t r .J-1114,i' � 1 4 .4 '� a ? . 2225,, = iu : C - � ' , •� j -� ✓ ' '� � k �;� #e rn° € t k .;, a f 1444', 9 '` ,�, , ESTATES DR ` _ ( • " - . ' 4 a 4944 °` ,3 o./ , ` . 3 yy 3 ... ' ' 948 3' « � 4 xr ` r �N f d '� ` ► CITY O Nit ir< �, ,, *� ,' .' + q. ,:,..,-y.,,,,,%1 ' CITY OF BU s -,....e.r,,t.,..ro..5, ,Ii..,.,4,-...nwa,,-"Ipv°,/' -,-,,,,-, , .,-:'''' Ara' LEGEND — ASSESSMENT AREA STREET IMPROVEMENTS , 1 Slater Road / Whispering Woods 4th ject & 5th 1076 Additions '' ` "` Street Revitalization - Pro Fig. 2B Ci ty of Eagan Engineering Department (7 Street Improvement Area 50' -60' ROW (WHISPERING WOODS) ow- 70' ROW ( SLATER RD.) 28' -32' F -F 34' F.F. ( SLATER RD.) ion— �\ EX. CURB & GUTTER 4 BITUMINOUS SURFACE ( SLATER RD.) ( 3" WHISPERING WOODS ) 10" CL. 5 AGGREGATE BASE ( SLATER RD.) ( 6" WHISPER WOODS ) Existing Typical Section 50' - 60' ROW (WHISPERING WOODS) No- 70' ROW ( SLATER RD.) 28' -32' F -F -.so _ EDGE MILL 34' F -F ( SLATER RD.) (6' -8' wide) Typ. 1 1 / 2 " TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY REPLACE EX. CURB & BITUMINOUS TACK COAT GUTTER AS DIRECTED 4 BITUMINOUS SURFACE ( SLATER RD.) ( 3" WHISPERING WOODS ) 10" CL. 5 AGGREGATE BASE ( SLATER RD.) ( 6" WHISPER WOODS ) Bituminous Street Overlay Proposed Typical Section 11/08/2012 etb.Slater Rd. / Whispering Woods 4th & 5th Additions City of EagaIl L Typical Sections - Project 1076 Fig.3 Engineering Department `-� SLATER ROAD/ WHISPERING WOODS 4 TH/ 5 ADDITIONS Neighborhood Street Revitalization City Project No. 1076 Informational Meeting - 5:30 P.M. Tuesday, December 27, 2011 City Hall Conf Room 1 Attendance Russ Matthys — City Engineer, John Gorder - Assistant City Engineer, 1 resident representing one affected property (see attached sign -in sheet). The resident declined presentation of the project details. Questions/ Comments I understand that streets crack because of the freeze/ thaw cycles. The streets north and east of my neighborhood were overlayed a few years back and have substantial cracking. I'm concerned we won't get long life from this new pavement. Gorder drove these streets last week, and noted that the streets had standard thermal cracking that is expected in Minnesota climates. The type of cracking present does not reflect any underlying structural issues or any ride quality issues. The bituminous material used on the overlay pavement is in accordance with MN Department of Transportation standards. The City has a long history (20+ years) on these types of projects, showing the overlays extend the life of the underlying pavement as anticipated. The City Council has also recently approved an amendment to the City's Special Assessment Policy, where credit is given (future assessments reduced) if a pavement infrastructure does not last 20 years as anticipated. The meeting adjourned at 5:45 p.m. &.1 INFORMATIONAL NEIGHBORHOOD MEETING 4111116 Slater Road (south of Storland Road) / Whispering Woods 4 & 5th Project No. 1076 City of hp Tuesday, December 27, 2011 5:30 p.m. — Conference Room 1AB NAME ADDRESS 1. 1 -/S. 2 / 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. `�a Agenda Information Memo January 3, 2012 Eagan City Council Meeting B. PROJECT 1061, S & W INDUSTRIAL ACRES (SIBLEY COURT) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1061, S & W Industrial Acres (Sibley Court - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 22 years, the City has rehabilitated approximately 175 miles of local streets. • The resurfacing of Sibley Court, a commercial- industrial street in northwest Eagan, has been programmed for 2012 in the City's 5 -Year Capital Improvement Program. • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On December 6, 2011, the feasibility report for Project 1061 was presented to the City Council and a Public Hearing was scheduled for January 3 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 27 for the adjacent property owners to discuss the proposed improvements. Of the 3 total properties (all commercial/ industrial) proposed to be assessed under this improvement, 1 property owner representing 2 properties attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: / • Feasibility Report, pages throw ! C. • Informational Meeting Mis, pag -- `�/ 4111)0p. 1 o f E a afl Report for S & W Industrial Neighborhood Street Revitalization City Project No. 1061 December 2011 101T7..14l01441liU S MUUM #Mii##rMkWWrtiiitidi4 ifi .4id #iiiliitirifii +fi iliit+lfiiirlfii.yr l. . iti . cvr eliiaiYrui M r+ii>r17ieY�# MY M fii M aii# iF #i rdefahilU . rrYriYYiir Yaira3o.ilid**6SA 441iM411f iid4iiV4 iidY 4VatirYfi aI Y I,f n'iUnn 'fY'Y pliftl YglY➢'Pii 11M1YMn n 1faWaai.MNi rad • # .14 . F it T+ • 7a Cl 0 f E a all Mike Maguire Mayor December 28, 2011 Paul Bakken Honorable Mayor and City Council City of Eagan Cyndee Fields 3830 Pilot Knob Road Gary Hansen Eagan, MN 55122 Meg Tilley Council Members Re: S & W Industrial Street Revitalization City Project No. 1061 Thomas Hedges City Administrator Dear Mayor and City Council: Attached is our report for the S & W Industrial Street Revitalization, City Project No. 1061. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and Municipal Center discuss the contents of this report. 3830 Pilot Knob Road Eagan, MN 55122 -1810 Sincerely, 651.675.5000 phone K ./ 651.675.5012 fax John P. Corder 651.454.8535 TDD Assistant City Engineer hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Maintenance Facility Licensed Professional Engineer under the laws of the 3501 Coachman Point State of Minnesota. Eagan, MN 55122 651.675.5300 phone Cl i� , " John P. Corder 651.675.5360 fax 651.454.8535 TDD Date: /2 -2g" !( Reg. No. 22813 Reviewed : 1 , www.cityofeagan.co Dept. of Public Works r Date: / Z Z-Li // Reviewed By• J ,:i_ j The Lone Oak Tree ! Finance Dep /` (.n Date: /17- The symbol of strength and growth in our community. r73 TABLE OF CONTENTS Page Introduction /History 1 Scope 2 Area To Be Included 2 Feasibility and Recommendations 2 Street Pavement Evaluation 3 Proposed Improvements 3 Easements /Permits 6 Cost Estimate 6 Assessments 7 Assessment Financing Options 8 Revenue Source 8 Project Schedule 9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Map - 3 Typical Section — Mill & Overlay Executive Summary Background Project Name S & W Industrial Project # 1061 Street Area 27,196 sq. ft Street Length 750' Constructed 1985 Overlayed - Streets Included Sibley Court Crack Sealed - Seal Coated 1992, 2006 SW 1/4 Section 19 North of Diffley Road Absolute Location Relative Location Township 27, Range 23 West of Trunk Highway 13 Project Details Roadway resurfacing PCI Rating 55 Replacement of damaged Recommended curb & gutter Improvement Edge Mill & Overlay Adjustment /Replacement Scope of: Curb Removal 6% sanitary /storm sewer utility castings Residential Lots 0 water gate valves Commercial /Industr /Public Facility Lots 3 street signage Y Cost Estimate/ Revenues Assessment Ratio Property City Mill & Overlay w/ signage $ 43,700 $ 34,700 $ 9,000 Repair Existing Concrete Curb & $ 11,700 - $ 11,700 Gutter Repair Entrance 3,500 3,500 Total $ 58,900 $ 38,200 (65 %) $ 20,700 (35 %) —75 December 2011 Neighborhood Street Revitalization S & W Industrial Eagan, Minnesota Introduction/ History Pavement Management - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 750 feet of Sibley Court (S & W Industrial), a commercial/ industrial street in west - central Eagan has been identified for 2012 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The street in this industrial area was constructed in 1985. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is in the 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that this street was seal coated in 1992 and 2006. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas S & W Industrial -- 7 f„ 1 and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Infrastructure Review - The Public Works Department has inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) and access in the project area and determined the system is in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of -way and easements such as street lights, utility boxes, and storm water ponding/ access, and pedestrian features were evaluated. The rehabilitation of City- maintained items are included in this project, if needed. 1` Scope This project will provide resurfacing (edge mill and overlay) for approximately 750 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage. Area To Be Included Properties included in the project lie within the SW %, Section 19, lying North of Diffley Road (County State Aid Highway 30), West of Trunk Highway 13, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. The mill and overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. S & W Industrial -� 2 The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2012 — 2016) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. 4111 Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 —100 Routine Maintenance /Crack Seal /Seal Coat 36 - 55 Patch /Repair and /or Overlay 0 - 35 Reconstruct/ Reclaim The 2011 PCI ranking for this street segment has a weighted average pavement condition rating of 55, which falls in the rankings of the "Patch /Repair and /or Overlay ". The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2012 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require full reconstruction. Proposed Improvements Pavement - The proposed street improvements for Sibley Court are shown in Figure 3. The existing street section for this roadway consists of 4.5" bituminous pavement supported by 8" S & W Industrial -e 3 gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1'/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for commercial/ industrial streets. The combination of patching and overlay will not eliminate cracking due to the temperature 4fF 404447 extremes experienced in Minnesota. ` _ . Bituminous overlays will show some $ ' z continued frost movements and reflective cracking consistent with the - _ underlying pavement. Routine t : , maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 6% of the existing concrete curb and gutter will have to be replaced. Boulevard N turf will be removed and replaced. While the contractor who performs the work is P'Nt — responsible for its establishment in the first %NZ 30 days after placement, adjacent property =4' owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Alternative S & W Industrial 9 4 adjustment materials and methods are investigated and implemented to reduce infiltration into the City sanitary and storm sewer systems. e 'r' 1 ° \a :w 41 " Driveway Replacement — , tom I i The existing two concrete M r _ ` ` l driveway entrances to 2280 1 i Sibley Court are in need of repair. - Cracked and broken portions of entrances will be removed and replaced with 7" -thick concrete in accordance with Eagan Standard Detail 440. Signage - Traffic and street identification signage within ,„�. .4. t ; ' ' the project limits has reached the end of its useful life and will be ,.:f t.� considered for replacement as part of this project. Existing 1 ' *- - ' ..=' cir' A, signage will be reviewed to determine if it is required by the i. : T 'r- Minnesota Manual on Uniform Traffic Control Devices - (MnMUTCD). Existing signs which are required by the MnMUTCD �"° --" OMANI! ,,s S & W Industrial D 5 will be replaced to improve safety and night time visibility. Existing signs which are not required by, or compliant with, the MnMUTCD will be permanently removed. Street Lights — The street lights in the project area (maintained by Xcel Energy) are in good condition and provide adequate coverage at the street intersections. - 1 . 4 c Completed Street Improvements 41 Easement /Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2012 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Mill & Overlay w/ signage $ 43,700 Repair Existing Concrete Curb & Gutter $ 11,700 Repair Concrete Entrance Apron $ 3,500 Total $ 58,900 S & W Industrial 6 4 0* Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for commercial/ industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Commercial/ Industrial 100% 0% Repair Existing Concrete Curb & Gutter 0% 100% Repair Existing Concrete Entrance Apron 100% 0% Commercial/ Industrial — Street Revitalization Improvements (S & W Industrial — Sibley Court) All commercial/ industrial lots (3 total) as shown on Figure 2 adjacent to Sibley Court are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial/ industrial streets, regardless of width. The estimated cost per net acre based on the City Assessment Policy is $2,200 /net acre and is calculated as follows: % Commercial/ Industrial Frontage = 1,262 f.f./ 1,588 Total f.f. = 79.5% [$43,700 (Overlay/ Sign Cost ) x 79.5 %] = $34,700 $34,700 (Total Comm/ Ind Assessment) = $2,200/ Net Acre 15.76 Net Acres The remaining Sibley Court frontage within the project area (326 front feet or 20.5 %) is adjacent to the Old Sibley Memorial Highway right -of -way, and therefore not assessable. Driveway Entrance Replacement — The commercial/ industrial property (2280 Sibley Court) with concrete entrance aprons in need of repair are proposed to be assessed for the total cost of repair. The estimated cost of driveway repair is approximately $3,500. S & W Industrial eD, 7 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example of the estimated assessment with an estimated 5.0% interest for the assessed amounts: Per $1,000 Assessment Principal Per Year p r Interest Per Year Cost Per Year First Year $100 - -- - - - - - -- $50 -- --- _ — - - -- $150 � - -- — - - -- ------ - - - - -- -_ i _ _- - - -- Tenth Year $100 $ 5 - - -- _ - - -- -- $105 - -- -- 44 *. , Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 43,700 $ 34,700 $ 9,000 Repair Existing Curb $ 11,700 0 $ 11,700 Repair Existing Concrete Entrance $ 3,500 $3,500 0 Totals $ 58,900 $ 38,200 $ 20,700 The City's Major Street Fund will finance the estimated project deficit of $20,700 (35% of total). S & W Industrial e3 8 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing December 6, 2011 Informational Meeting December 27, 2011 Public Hearing January 3, 2012 Approve Plans and Specifications March, 2012 Award Contract April, 2012 Project Completion August, 2012 Final Cost Report September, 2012 Final Assessment Hearing Fall, 2012 First Payment Due with Property Tax Statement May 15, 2013 S & W Industrial gI 9 Appendix A Preliminary Cost Estimate City Project 1061 S & W Industrial (Sibley Court) Item No. Item Unit Unit Price Est Qty Estimated Cost Part 1- Bituminous Street Overlay 2021.501 Mobilization LS $ 5,000.00 1 $ 5,000.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6" Width) SY $ 1.50 1200 $ 1,800.00 2232.501 Mill Bituminous Pavement (Joint Repair) SY $ 5.00 200 $ 1,000.00 2232.501 Remove Bituminous Pavement (Joint Repair) SY $ 20.00 110 $ 2,200.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 200 $ 800.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 50.00 300 $ 15,000.00 2360.501 SP WEA340B Wearing Course Mixture (Patch /Joint Repair) TON $ 100.00 30 $ 3,000.00 2504.602 Adjust Gate Valve Box EA $ 125.00 1 $ 125.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 2 $ 800.00 SP -1 Signage Remove & Replace LS $ 320.00 1 $ 320.00 2563.601 Traffic Control LS $ 2,000.00 1 $ 2,000.00 Subtotal $ 32,045.00 5% Contingency $ 1,602.25 Subtotal $ 33,647.25 30% Indirect Costs $ 10,094.18 Part 1- Bituminous Street Overlay $ 43,741.43 Item No. Item Unit Unit Price Est Qty Estimated Cost Part II - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter LF $ 6.00 120 $ 720.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $ 15.00 5 $ 75.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 5 $ 500.00 2504.602 Repair Sprinkler System EA $ 250.00 1 $ 250.00 2506.602 Adjust Frame & Ring Casting (CB) EA $ 250.00 3 $ 750.00 2506.602 R & R Casting (CB) EA $ 700.00 1 $ 700.00 2506.602 R & R Drainage Structure (CB 2x3) EA $ 2,800.00 1 $ 2,800.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 100.00 2 $ 200.00 . 2531.501 Concrete Curb and Gutter, B618 LF $ 17.00 120 $ 2,040.00 2573.530 Storm Drain Inlet Protection EA $ 125.00 1 $ 125.00 2575.505 Sodding, Type Lawn (Highland) SY $ 7.00 40 $ 280.00 2575.551 Compost, Grade 1 TON $ 20.00 5 $ 100.00 Subtotal $ 8,540.00 5% Contingency $ 427.00 Subtotal $ 8,967.00 30% Indirect Costs $ 2,690.10 Part II - Repair Existing Curb & Gutter $ 11,657.10 Item No. Item Unit Unit Price Est Qty Estimated Cost Part III - Concrete Entrance Repair 2104.501 Remove Concrete Curb and Gutter LF $ 6.00 10 $ 60.00 2104.505 Remove Concrete Driveway /Valley Gutter SY $ 40.00 20 $ 800.00 2104.505 Remove Bituminous Pavement SY $ 7.00 25 $ 175.00 2105.501 Common Excavation CY $ 18.75 3.92 $ 73.50 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $ 15.00 3 $ 45.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 0.15 $ 15.00 2531.501 Concrete Curb and Gutter, B612 LF $ 15.00 10 $ 150.00 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $ 60.00 20 $ 1,200.00 2575.505 Sodding, Type Lawn (Highland) SY $ 7.00 4 $ 28.00 2575.551 Compost, Grade 1 TON $ 20.00 1 $ 20.00 Subtotal $ 2,566.50 5% Contingency $ 128.33 Subtotal $ 2,694.83 30% Indirect Costs $ 808.45 Part III - Concrete Entrance Repair $ 3,503.27 Part 1- Bituminous Street Overlay $ 43,741.43 Part II - Repair Existing Curb & Gutter $ 11,657.10 Part III - Concrete Entrance Repair $ 3,503.27 Project 1061 Total Cost $ 58,901.80 Sto Appendix B Preliminary Assessment Roll City Project 1061- S &W Industrial (Sibley Court) Sibley Court Concrete Entrance 1 -1 Industrial P.I.N. Acreage Unit Assessment Total Assessment 2280 Sibley Court 10- 65790 -01 -020 6.85 $2,200 $3,500 $18,570 Vacant Lot (owned by 2280 Sibley Court) 10- 65790 -00 -010 0.24 $2,200 $528 4025 Sibley Memorial Hwy a /k /a 10- 65790 -01 -010 8.67 $2,200 $19,074 4025 Frontage Road South Totals 15.76 $38,172 Front Footage Summary Commercial/ Industrial 1,262 79.5% Non - Assessable (Old Sibley Memorial Highway RW) 326 20.5% Total 1,588 100.0% $34,672 go-7 R YANKEE BOODLE RD. � ` 0 , P A sZs z 111 K, \ ProJectLocaflon ,-- = _ c SILVER BELL RD. Y \ 1 d 111 '� SS AM M I gy p. al o AIM E SIBLEY ' � • CT. i Ale ,ic2 /�I1 IFFLEY ROAD D IFFLEY ROAD 41Wilh I ' a ' r I I I W O Q Q w 1 c c, N a v) �l o , I U z z Alai rq 1 CLIFF ROAD I W • < • CAP R U tpr , ilk 011 U EP 11 /28 /2011 Pt 5 & W Industrial (Sibley Court) S treet Revitalization Project Fi "It City of Cap g� j Fig. 1 Engineering Department Location Map - Project 1061 LEGEND � Street Improvement 4,„ .f ,��. a - � - .,s '� � t ': - .1 IN IN Assessable Area ;< m f : . , - � ` 1 � „',.%''' .Y 3 g + ` 7 <... . *"• twd.. ` t .- rt .t 'b 2,m' - 1, t'� 1. j -::t1-71417'-- , h' u # ` �` ♦ Tim__. = —irr • ■�■ y �J ' '7';'4% ( 10 65790 010 10 + ,. '� i t , / y \ ` � • - 8 67 -Net Acres .� , f ♦ - t a `,'may ` 4 f , , ♦ h- ■ 4 ` OutIot ' a,$Y ,,,-.1 '4025`S Memorial 4 .' H { ¢` l,. fi i f , -, - , * ;' ,i - --- �� :• ., � 0 Net A v Highway -,a`.:-`• Acre 10- c f E .i' ES L Sibley. 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'' i e , , k , : r -,114,;# 1 ' ' p4 ms' ? ., 3v_: LIUSERSIENGINEERING ICifyProjects ..•7.111 ..•7.111 ..•7.111 S & W Industrial Court) p1zStieetRecotruc6onl a , Pro 10611 Fi 2mxd Q 4 S treet Revitalization - Pro (Sibley ect 1061 F;g.2 11/02/2011 W Ilial City of Faoal Date Street Improvement Areaq � , : 4 60' ROW > 33' (B -B) L 4 BITUMINOUS SURFACE EX. B618 CURB 8" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW > 33'(B -B) EDGE MILL (6' -8' wide) Typ. 11/2" TYPE 2360 BITUMINOUS OVERLAY \--\ J REPLACE EX. CURB & BITUMINOUS TACK COAT GUTTER AS DIRECTED 4 BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 11 Sibley Court (S & W Industrial) 7c` City of Eta Street Revitalization - Project 1061 Fig. 3 Engineering Department 9 0 Typical Sections S & W INDUSTRIAL (SIBLEY COURT) Neighborhood Street Revitalization City Project No. 1061 Informational Meeting - 3:00 P.M. Tuesday, December 27, 2011 City Hall Conf Room 1 Attendance Russ Matthys — City Engineer, 1 property owner representing two affected properties (see attached sign -in sheet). Presentation of Project Details • Matthys welcomed the property owner and presented project information, including details regarding anticipated construction, estimated costs, schedule and assessments. Questions/ Comments 1. Can the City coordinate the paving of the street to coincide with the trucking operations of the local business? Owner believes trucks will not be able to access site during paving of street overlay, but offered that business can halt truck deliveries for one full day. The street will be open to traffic throughout construction and the City can ensure that the contractor coordinates the paving schedule with the business owner's request. Actual paving of the street should be limited to half of a day. 2. Can the City install signage indicating no access to Highway 13 from Sibley Court? Significant traffic trying to get to Highway 13 turns around in my private parking lot. Currently there should be a "No Outlet" sign on the street sign post at the intersection of Sibley Court and Old Sibley Memorial Highway. I think it is in place, but is there anything else we would consider? The City needs to comply with the Minnesota Manual on Uniform Traffic Control Devices. Staff will see if there are any additional opportunities available and respond to property owner. 3. Why does the City plan to replace my concrete driveway aprons? They meet the City standards and are only 15 years old. Based upon the cost estimate, it appears that only parts of the existing driveway aprons need to be replaced due to premature failure (significant cracking). Staff met on -site with property owner on 12 -28 -11 and owner consented to replacement plan. 4. Presently there is a "To Sibley Court" sign at the intersection of Old Sibley Highway and Old Sibley Memorial Highway. Can we enhance the sign in any way (size or location) to better inform drivers of the route to Sibley Court? Current signage complies with the Minnesota Manual on Uniform Traffic Control Devices. Staff will see if there are any revision options available and respond to property owner. The meeting adjourned at 3:45 p.m. CI I w W m 2 m z W Z O N5 2 a 0 -- Z , W V N W W >"- t: cc m m to N 0 o L J Cl) ' a Q • Z .LZ eo m 0 1-- 2.� aM < - o =a TD CL O d 2 LL 08 H .Q Z to a o z a a 0 O __.? 4 t="7 ...) 0 a Ra z (6 N M d at) to f` co C) O— r Agenda Information Memo January 3, 2012 Eagan City Council Meeting C. PROJECT 1060, TESSERACT PLACE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1060, Tesseract Place - Street Improvements as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 22 years, the City has rehabilitated approximately 175 miles of local streets. • The resurfacing of Tesseract Place, a commercial - industrial street in northwest Eagan, has been programmed for 2012 in the City's 5 -Year Capital Improvement Program. • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On December 6, 2011, the feasibility report for Project 1060 was presented to the City Council and a Public Hearing was scheduled for January 3 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 27 for the adjacent property owners to discuss the proposed improvements. Of the 2 total properties (all commercial/ industrial) proposed to be assessed under this improvement, no property representatives attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages 1 - f through/ 0 ?3 440". C !ty o f E a ali Report for Tesseract Place Neighborhood Street Revitalization City Project No. 1060 December 2011 . ,-- , _ .a: yr 1 4 tl \ ��OI a 1` I 1 i ■ t s- ---- 1. '''4..:i gfli 4, 10. C . 1 f E loaall Mike Maguire Mayor December 28, 2011 Paul Bakken Honorable Mayor and City Council Cyndee Fields City of Eagan Gary Hansen 3830 Pilot Knob Road Meg Tilley Eagan, MN 55122 Council Members Re: Tesseract Place Street Revitalization City Project No. 1060 Thomas Hedges City Administrator Dear Mayor and City Council: Attached is our report for the Tesseract Place Street Revitalization, City Project No. 1060. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the Municipal Center contents of this report. 3830 Pilot Knob Road Eagan, MN 55122 -1810 Sincerely, 651.675.5000 phone .404 651.675.5012 fax 651.454.8535 TDD John P. Gorder Assistant City Engineer I hereby certify that this report was prepared by me or under Maintenance Facility my direct supervision and that I am a duly Licensed Professional 3501 Coachman Point Engineer under the laws of the State of Minnesota. Eagan, MN 55122 651.675.5300 phone 4 P. Gorder 651.675.5360 fax 651.454.8535 TDD Date: 12.2 I I Reg. No. 22813 Reviewed / 1 : www.cityofeagan.com Dept. of Publiq'Works Date: /2 - Z Reviewed By: • The Lone Oak Tree Finance Dept. k-D Date: `/ �- r1 The symbol of strength and growth in our community. qs- TABLE OF CONTENTS Page Executive Summary 1 Introduction /History 2 Scope 3 Area To Be Included 3 Feasibility and Recommendations 3 Street Pavement Evaluation 4 Proposed Improvements 5 Easements /Permits 6 Cost Estimate 6 Assessments 6 Assessment Financing Options 7 Revenue Source 7 Project Schedule 8 LIST OF APPENDICES Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Map - 3 Typical Section — Mill & Overlay 9Lp Executive Summary Background Project Name Tesseract Place Project # 1060 Street Area Street Length 265 feet Constructed 1988 Streets Included Tesseract Place Reconstructed - Crack Sealed - Seal Coated 1991 & 2002 Absolute Location NE 1/4 of Section 19, Relative Location South of Silver Bell Road In Township 27, East of Trunk Highway 77 Range 23 North of Trunk Highway 13 Project Details Roadway resurfacing PCI Rating 33/100 Scope Replacement of damaged Recommended Edge Mill and curb & gutter Improvement Overlay Adjustment /Replacement of; Curb Removal 15% Sanitary /Storm sewer Utility castings Residential Lots 0 Water gate valves Commercial /Industrial 2 Public Facility Lots Cost Estimate/ Revenue Property City Mill & Overlay $ 27,000 $ 27,000 $ 0 Repair Existing Concrete Curb & Gutter $ 6,500 $ 0 $ 6,500 Total $ 33,500 $ 27,000 (81 %) $ 6,500 (19 %) Tesseract 1 Cf December 2011 Neighborhood Street Revitalization Tesseract Place Eagan, Minnesota Introduction/ History Pavement Management - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The nearly 300 feet of Tesseract Place, a commercial/ indutrial street in west - central Eagan, has been identified for 2012 street revitalization improvement. Figure 1, located in Appendix C, illustrates the project location. Tesseract Place was constructed in 1988 in conjunction with the Tesseract School construction. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies, with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years), and with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is in the 23+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that this street was seal coated in 1991 and 2002. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the street under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous recycling and overlay proposed with this project. Tesseract g 2 Infrastructure Review - The Public Works Department has inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) and access in the project area and determined the system is in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of -way and easements such as street lights, utility boxes, and storm water ponding/ access, and pedestrian features were evaluated. The rehabilitation of City- maintained items are included in this project, if needed. 41 1*„ Scope This project will provide resurfacing (edge mill and overlay) for approximately 265 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves. 4 1* Area to be Included Properties included in the project lie within the Northeast % of Section 19, lying South of Silver Bell Road, East of Trunk Highway 77 (Cedar Avenue), North of Trunk Highway 13, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase ride ability. The mill and overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2012 — 2016) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Tesseract 3 (i Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 —100 Routine Maintenance /Crack Seal /Seal Coat 36 - 55 Patch /Repair and /or Overlay 0 - 35 Reconstruct/ Reclaim The 2011 PCI rankings for Tesseract Place has a weighted average pavement condition rating of 33, which falls in the upper rankings of the "Reconstruct/ Reclaim" category. While the pavement condition falls into the Reconstruct/ Reclaim category, the types of pavement distresses do not reflect significant subgrade issues, and the existing pavement still has substantial strength. Therefore, a mill & overlay of this street will provide a reasonable pavement life expectancy. The 2012 construction season is the critical time to construct the bituminous overlay on this street, before its condition deteriorates further and warrants full reconstruction. Proposed Improvements Pavement - The proposed street improvements for Tesseract Place are shown in Figure 3. The existing street section for this roadway consists of 4" bituminous pavement supported by 9" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1% -inch bituminous overlay. The overlay, combined Ai # 4A with the existing street section, will provide a .' ' . — street section consistent with current City E ' ,T I P: ■ j E ®�, standards for commercial/ industrial streets. Tesseract 4 i The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 15% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and r ;. , replaced. While the contractor who performs the work is responsible for its establishment in the i first 30 days after placement, adjacent property -. owners are encouraged to consistently water the new turf, where possible, to help ensure its I ', 1 s growth. -, .. Signage — All signage within the project area has been previously replaced in conjunction with street improvement projects. Therefore, no sign replacement is necessary under this project. Street Lights — The street lights in the project area (maintained by Xcel Energy) are in good condition and provide adequate coverage at the intersections. a. ' Nyh i Easement/ Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Tesseract 5 /oj Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2012 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Tesseract Place Mill & Overlay w/ signage $ 27,000 Repair Existing Concrete Curb & Gutter $ 6,500 Total $ 33,500 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for commercial/ industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Commercial/ Industrial 100% 0% Repair Existing Concrete Curb & Gutter 0% 100% Street Revitalization Improvements (Tesseract Place) Two commercial/ industrial lots (Outlot A and Lot 1 Tesseract Addition), as shown on Figure 2 having driveway access on to the street to be improved, are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial/ industrial streets, regardless of width. The estimated cost per net acre based on the City Assessment Policy is $2,270 /Net Acre and is calculated as follows: % Comm/ Ind Frontage = 100% $27,000 (Total Comm/ Ind Assessment) = $2,270/ Net Acre 11.9 Net Acres Tesseract I 0,(1 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example of the estimated assessment with an estimated 5.0% interest for the assessed amounts: Commercial/ Industrial Lots = per $1,000 Assessment Principal Per Year Interest Per Year Cost Per Year First Year $100 $ $150 Tenth Year $ 100 $ 5 $ 105 40 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay (Including Signage) $ 27,000 $ 27,000 -0- Repair Existing Curb $ 6,500 0 $ 6,500 Totals $ 33,500 $ 27,000 $ 6,500 The City's Major Street Fund will finance the estimated project deficit of $6,500 (19% of total). Tesseract 7 l 03 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing December 6, 2011 Informational Meeting December 28, 2011 Public Hearing January 3, 2012 Approve Plans and Specifications February, 2012 Award Contract March, 2012 Project Completion August, 2012 Final Cost Report September, 2012 Final Assessment Hearing Fall, 2012 First Payment Due with Property Tax Statement May 15, 2013 Tesseract 8 /64 Appendix A Preliminary Cost Estimate City Project 1060 Tesseract Place Item No. Item Unit Unit Price Est Qty Estimated Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $ 5,000.00 1 $ 5,000.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6" Width) SY $ 1.50 500 $ 750.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 100 $ 400.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 50.00 200 $ 10,000.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 20 $ 2,000.00 2504.602 Adjust Gate Valve Box EA $ 125.00 0 $ - 2504.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 0 $ - 2506.602 Adjust Manhole Casting - Riser Adjustment EA $ 185.00 1 $ 185.00 2504.602 Repair Gate Valve Mid Section EA $ 155.00 2 $ 310.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 175.00 1 $ 175.00 SP -1 Signage Remove & Replace LS $ - 0 $ - 2563.601 Traffic Control LS $ 1,000.00 1 $ 1,000.00 Subtotal $ 19,820.00 5% Contingency $ 991.00 Subtotal $ 20,811.00 30% Indirect Costs $ 6,243.30 Part I - Bituminous Street Overlay $ 27,054.30 Item No. Item Unit Unit Price Est Qty Estimated Cost Part II - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter LF $ 6.00 100 $ 600.00 2104.505 Remove Concrete Valley Gutter SY $ 10.00 2 $ 20.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $ 15.00 5 $ 75.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 5 $ 500.00 2504.602 Repair Sprinkler System EA $ 250.00 1 $ 250.00 2506.602 Adjust Frame & Ring Casting (CB) EA $ 250.00 3 $ 750.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 100.00 2 $ 200.00 2531.501 Concrete Curb and Gutter, 8618 LF $ 17.00 100 $ 1,700.00 2531.604 Concrete Valley Gutter - High Early SY $ 55.00 2 $ 110.00 2573.530 Storm Drain Inlet Protection EA $ 125.00 1 $ 125.00 2575.505 Sodding, Type Lawn (Highland) SY $ 7.00 40 $ 280.00 2575.551 Compost, Grade 1 TON $ 20.00 5 $ 100.00 Subtotal $ 4,710.00 5% Contingency $ 235.50 Subtotal $ 4,945.50 30% Indirect Costs $ 1,483.65 Part II - Repair Existing Curb & Gutter $ 6,429.15 Part I - Bituminous Street Overlay $ 27,054.30 Part II - Repair Existing Curb & Gutter $ 6,429.15 Project 1060 Total Cost $ 33,483.45 /®S Appendix B Preliminary Assessment Roll City Project 1060 - Tesseract Place Tesseract Place CGD - Cedar Grove Development P.I.N. Net Acreage* Unit Total 3800 Tesseract PI (Lot 1) 10- 75500 -01 -010 5.8 $2,270 $13,166 United Properties Inv. (Vacant) 10- 75500 -00 -010 6.1 $2,270 $13,812 Totals 11.9 $26,978 * Net acreage for 3800 Tesseract Place (Lot 1, Tesseract Addition) = 6.0 gross acres - 0.2 acre easement /0LP 3400 YANKEE BOODLE RD. Pro Location � (" *00 11 11 / 1 U (fl .a N w SILVER BELL RD. w , mo o• \�� ,.. iv Z 1 / i IFFLEY ROAD 'Q9. DIFFLEY ROAD { . Y Q 11 / W � Q 'a. fit W t m f Q WI C ,--1 w o CC -1 o Z a -, cq J I II CLIFF ROAD L :i j cal. 01 ) / ' lir IP 5 �P 0 z W Z � 0 11/7/2011 t Tesseract Place City of Ekon Street Revitalization Project Fig. 1 Engineering Department Location Map - Project 1060 l U7 • , ' , i \-- , : • , ' ' . 4. 04...-. 111 ''----`' -` 1 4 ••• '''' IP 'I: -, f ,,„ k.,,.. .. . LEGEND .---r T --,.' ;, t ..111114 • -, • ,, .- ,.,4... „A ,Itkili's, '40 Street Improvement F, I i ■ r , ie , , , ., ,,,,....,;:, . 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CONDITIONAL USE PERMIT — JOE STEININGER ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit (CUP) to allow outdoor storage of contractor equipment and trailers on property located at 829 Aldrin Drive subject to the conditions listed in the APC minutes. To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit (CUP) to allow truck and trailer repair and service on property located at 829 Aldrin Drive subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The 2.3 acre property is zoned I -1 (Limited Industrial), and surrounded by similar zoning districts and businesses with outdoor storage. ➢ The site contains an existing 5,500 SF warehouse /storage building and a CUP was approved in 1994 to allow outdoor storage of construction equipment immediately west of the building. ➢ Over time, outdoor storage and repair of trailers began and the outdoor storage expanded beyond the approved location. ➢ The Site Plan identifies the proposed location for 32 trailers plus construction equipment as well as contractors storage in the NW corner of the site. ➢ Two outdoor storage requirements are not met; the applicant is not proposing a full enclosure or to pave the entire property with bituminous asphalt. Given the layout of the existing building and screening from the right -of -way, the proposed use and surrounding areas, lack of full enclosure may be acceptable. Recycled asphalt aggregate has been used in similar outdoor storage areas. ➢ The existing CUP would be terminated with approval of this request. ➢ The Advisory Planning Commission held a Public Hearing on December 27, 2011 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: January 13, 2012 ATTACHMENTS (3)• Location map on page 1 Draft December 27, 2011 APC minutes on page \ a -- (1 Staff report on pages through k 110 Location Map N J coy v� < : ' • ® ..�' • `, / ` ,, anM ee�.RE • ME o • R ' a �� Map Area Extent —3 . ., 1 ? - • • 414 NIB Milli ''')--4- k 1 kY I I ®� i /I // ��® Subject a`d 11® ® ®® ® ®®E ubject Site ir "-- i).- 7" . 1 ilia ail 4 1 - i - ' . R AIM , 7, '" -' v. ---- ..----i—A III nel: 49,. Bur Oaks Park 4,.... A,oRNoRN �®ea -®® ®' I N . ®1 ` � • - , o ® • ®II Y ® ® 4 North Park Park 1 0111111110 b ,PNK .u.. R. ", '® �/ ' • I1 ; 1 M ® T - Ral∎ ® w Wescott.Commons Park I • aimi NM ■® - '). w WA IIINIUM l'sr.■•• ■•••"' -' ►iii.° i X411 1 1 1 I Feet Project Name: Joe Steininger 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case Nos.: 11- CU- 15 -11 -11 .1 11m 1 6 i City Boundary Parcels :./....\ Parks Buildings N 4 0 1 ` City of kap /1 1 1 Advisory Planning Commission December 27, 2011 Page 2 of 7 V. PUBLIC HEARING New Business A. Steininger Property Applicant Name: Joseph and Lynn Steininger Location: 829 Aldrin Drive; Lots 14 -16 Block 3, Eagandale Center Industrial Park No. 4 Application: Conditional Use Permit, A Conditional Use Permit to allow outdoor storage of contractor equipment and trailers; and truck and trailer repair and service. File Number: 11- CU- 15 -11 -11 City Planner Ridley introduced this item, provided background information and highlighted the information presented in the City Staff report dated December 21, 2011. Member Vanderpoel asked why the use of recycled bituminous is more attractive to applicants. Assistant City Engineer John Gorder responded thatthe material is less costly than standard bituminous and more readily available. He also stated it is also slightly more pervious than standard bituminous, but less pervious than gravel. Joe Steininger, Applicant, indicated the central .. portion of the lot will be paved with bituminous asphalt. He also expressed concern with the stipulation that no repair work be done outside the building particularly in the summer when it gets very hot indoors, some work on vehicles is done outside. 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 Dugan questioned the amount of screening on the west side of the site. City Planner Ridley identified existing landscaping and fencing in the site, and that since trailers are taller than the 8' maximum fence height, it is difficult to fully screen them. Member Piper asked staff to address the question about work not occurring outside the building. City Planner Ridley responded that the condition is a City Code requirement that applies across all commercial/industrial Zoning Districts. He further stated that infrequent and occasional instances would not be problematic; however, if outdoor work becomes a regular occurrence or causes detrimental impacts, then it would be enforced as a violation of the City Code and CUP. The Applicant responded to the concern about lack of screening stating that in growing season the wetland vegetation gets quite tall and provides more screening that you see at this time of year. Member Dugan stated he wanted to raise the general question about screening, but since staff was not recommending additional screening, he would withdraw that suggestion. ll� Advisory Planning Commission December 27, 2011 Page 3 of 7 Member Piper moved, Member Filipi seconded the motion to recommend approval of a Conditional Use Permit to allow outdoor storage of contractor equipment and trailers upon property located at 829 Aldrin Drive and legally described as Lots 14 -16, Block 3, Eagandale Center Industrial Park No. 4., subject to the following conditions: 1. This Conditional Use Permit replaces any prior CUP's issued for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be limited to a maximum of 32 trailers plus construction related equipment (per the index provided by the applicant dated November 15, 2011) and contractor storage, located in the outdoor storage areas as identified on the Site Plan received November 15, 2011. 3. The contractor storage items shall be limited to the items identified in the list provided by the applicant dated December 6, 2011. 4. The storage areas and items stored shall be maintained in an orderly fashion. 5. The proposed outdoor storage areas shall be surfaced with recycled asphalt aggregate no later than August 1, 2012. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 6. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The existing CUP approved October 4, 1994, terminates upon recording of this CUP. All voted in favor. Motion carried 6-0. Member Piper moved, Member Jansma seconded the motion to recommend approval of a Conditional Use Permit to allow truck and trailer repair and service upon property located at 829 Aldrin Drive, 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, and proof of recording submitted to the City. 2. Truck and trailer repair shall not occur outside the building. All voted in favor. Motion carried 6 -0. I 1 3 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 21, 2011 CASE: 11- CU- 15 -11 -11 APPLICANT: Joseph and Lynn Steininger HEARING DATE: December 27, 2011 PROPERTY OWNER: Same APPLICATION DATE: Nov. 14, 2011 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 829 Aldrin Drive 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 contractor equipment and trailers; and truck and trailer sales and service on property located at 829 Aldrin Drive and legally described as Lots 14 -16, Block 3, Eagandale Center Industrial Park No. 4. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 1 I(-1- Planning Report — 829 Aldrin Drive December 27, 2011 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage that are addressed later in this report. BACKGROUND/HISTORY A CUP was approved in 1994 to allow outdoor storage of construction equipment immediately west of the building. Subsequently, outdoor storage and repair of trailers began and the outdoor storage expanded beyond the approved location. EXISTING CONDITIONS The 2.3 acre site contains an existing 5,500 SF warehouse /storage building constructed in 1995. The property is a corner lot (Mike Collins Drive /Aldrin Drive) and access is from Aldrin Drive. A solid wood fence exists along Mike Collins Drive and mature landscaping provides screening of the parcel from Aldrin Drive. Railroad spur tracks are adjacent to the western edge of the property. SURROUNDING USES The subject site is surrounded by I -1, Limited Industrial properties. I II Planning Report — 829 Aldrin Drive December 27, 2011 Page 3 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 applicant proposes the outdoor storage of tractor trailers and construction equipment. According to the applicant, all stored trailers are empty. The current items in the contractor's yard include plywood, plastic fencing, a bobcat, a forklift, a dumpster, steel formwork, scaffolding, Jersey barriers, a scissors lift and metal structures that contain site blankets. The Jersey barriers are arranged to provide delineation between the contractor's yard and the trailer storage location area. Outdoor Storage Requirements — The standards for outside storage found in City Code Section 11.70 Subd.22 are outlined below. 1. 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. The Site Plan received November 15, 2011, provides the location of the outdoor storage and indicates the wood fence along Mike Collins Drive would be replaced with a chain link fence. The wood fence is in good condition and the applicant has since decided that the existing fence will remain. The applicant does not propose to fully enclose the outdoor storage as no fencing is proposed along the other property lines. 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 existing wood fence is located in the front yard; however, the storage of the trailers will occur in a line even with the building so as to not encroach into the front yard. Concrete bumpers will be added to the north (stalls 1 -9) and east (stalls 18 -32) storage areas. The storage locations in the interior of the site (10 -17) already have the concrete bumpers. 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 adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I -1. There are existing trees on the south side of the property which provide screening from the adjacent right -of -way and the existing fence provides screening from Mike Collins Drive. 11 LP Planning Report — 829 Aldrin Drive December 27, 2011 Page 4 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposal satisfies this condition. The proposed Site Plan appears orderly and provides for a 24 foot drive aisle which would provide appropriate access. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposal satisfies this condition. No required parking spaces or landscaping areas are proposed to be removed or utilized for storage. 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 applicant is proposing to maintain a majority of the parking and material storage area with recycled aggregate gravel surface, which is discussed later in this report. Lighting — The applicant is proposing building mounted lights be installed on the north side of the building. No additional parking lot lighting is proposed. Landscaping — The applicant is not proposing additional landscaping on the site. Tree Preservation — No new development and no tree removal is proposed. Parking /Storage Area Maintenance — The location where the applicant currently utilizes the truck/vehicle parking and material storage areas in the northern part of the site consists of a gravel surface. 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 be properly maintained to prevent deterioration. The current gravel surface does not meet these requirements. Bituminous asphalt is the most - widely -used surfacing material to accomplish this requirement and is required for off - street parking areas. The applicant proposes to surface the outdoor storage area with recycled bituminous aggregate. There are a number of industrial outdoor storage lots within the City that have been allowed to use this type of surfacing for outside storage areas. The Conditional Use Permits that have allowed recycled aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. Storm Drainage — No additional improvements to the existing storm drainage system are necessary with this application. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. 117 Planning Report — 829 Aldrin Drive December 27, 2011 Page 5 Access — Permanent access to the site is currently from one driveway entrance onto Aldrin Drive. Trash Containers — The applicant's narrative identifies that a trash dumpster will be located on the north side of the building. The existing wood fence and building provide screening of the dumpster from the public right -of -way. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of contractor equipment and trailers; and truck and trailer sales and service 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 and rear yards of the property. The proposed outdoor storage satisfies four of the six outdoor storage criteria. The outdoor storage standards not met include full enclosure and surfacing. A full enclosure may not be necessary given the use, location and surrounding uses and the applicant is proposing a recycled asphalt aggregate surfacing of the storage areas. Conditions which are satisfied include access /circulation, setbacks, parking, and screening. City policymakers should determine whether a full enclosure is necessary and whether recycled asphalt aggregate is appropriate for the outdoor storage area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow outdoor storage of contractor equipment and trailers on property located at 829 Aldrin Drive and legally described as Lots 14 -16, Block 3, Eagandale Center Industrial Park No. 4. If approved, the following conditions should apply: 1. This Conditional Use Permit replaces any prior CUP's issued for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be limited to a maximum of 32 trailers plus construction related equipment (per the index provided by the applicant dated November 15, 2011) and contractor storage, located in the outdoor storage areas as identified on the Site Plan received November 15, 2011. 3. The contractor storage items shall be limited to the items identified in the list provided by the applicant dated December 6, 2011. 4. The storage areas and items stored shall be maintained in an orderly fashion. lie Planning Report — 829 Aldrin Drive December 27, 2011 Page 6 5. (A)The proposed outdoor storage areas shall be surfaced with bituminous asphalt no later than August 1, 2012. OR 5. (B) The proposed outdoor storage areas shall be surfaced with recycled asphalt aggregate no later than August 1, 2012. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 6. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The existing CUP approved October 4, 1994, terminates upon recording of this CUP. To recommend approval of a Conditional Use Permit (CUP) to allow truck and trailer repair and service on property located at 829 Aldrin Drive and legally described as Lots 14 -16, Block 3, Eagandale Center Industrial Park No. 4. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Truck and trailer repair shall not occur outside the building. Il Location Map .5 ' _. nod TA ! +. `: 4' 4 ,® ._ . — • e �� ' ' _ Cflf RE ° ` - e. ee — — t .1 a an � �� + Map Area Extent )71 1k III N V-. 111 ®iI � . ®e a � NM �- .• ♦®,(1111111■ (subject Site l ®d® Mill'illiiiiii i mit:_ .,,,, Alf 4-4\ 1116111143 g ' '''' ..- 1- UNI It A _ B ur O aks Park . „: �S11e =v,®�- 4v, S O 41 4WPiirn* it North P ark Park � e,� ®® a . ii Ji, wi O ,„„.- *Aye 1 . , -4„; ®eo c lok _ , .11 . • LPN '® ° ', • �1'e am Wescott' Commons Park M /r��., - i ® %w iei risk , _” w ee" .1.1 - ° v 1 1 1 I Feet Project Name: Joe Steininger 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case Nos.: 11- CU- 15 -11 -11 ,IIII,IIII l..i City Boundary Parcels Parks Buildings N City of Eaftil 1 1 41, 11` Current Zoning and Land Use Map City of Eapil Application: Joe Steininger Type: Conditional Use Permit Case No.: 11- CU- 15 -11 -11 711 Tr, Zoning, I -1 • Ag . 1 -1 Limited Industrial Subject Site ■ �1 Al 17RIN 9 • M P I -1 BP I 'D IND \ IND IND 1i Land Use Plan ` IND - Limited Industrial Subject Site Al I THIN 1 )HIVE IND BP 0 300 600 1,200 1 al Feet FT - .- ... - �. _ . _ co 1. 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' ■ ' 0 ic , ...‘ ' : "Ct l , :' '''...; -, - , ..,., t ' ',(' :, .• • .-- . if:k- ' - -,c' ',.-• ; _. . -., .k: , -;..r.',.•,•;!! - ,•',-" t • ,<t _ °-• - -- -4, -, - ..-n.`f ,..... - .4. 4 INDEX 10/7/11 9:43 AM 1 T7ZJ )LLB 1at 2 b J& 2 17 '11ZA ILEX PAIL.M, 3 18 `RLLcr- PL -UP 4 19 5 20 6 21 7 22 8 23 9 24 - '�f .J 10 25 ser2uuc6 fruw. - 'feACgDR. 11 26 Sezdt L 12uug_ — z. 12 27 serzo teL ieu,c rz_ - z - 13 28 Dumps DuMPSTAdZ.- 14 29 os lizAi Lea_ 15 30 s-roreAd, i eael c.ee_ 16 Y � 31 sTorzA66 -rrzo. u_raL. 32 Sion t,C - 48 r RECEIVED Nov 1 5 ?011 5 APPROVED SITE PLAN 1994 • 21 11) g t f w 0 o .II . 193ME . '.1 5 wo ra i'L 1;1 .Lati 4 .71 . w. Zl ..P i t - 8 AO _,723zig6 E 2 1 .. A. 1.• tly i t- F < • , t j E A • ••• A IL, ,,, et . 3 . 'VI i. 4 0 -----Z-------4 , :. r • 3 b .... 2 , ?Iq N.. - A. v 0 id ... 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L. 1 A k 2 • 1 : e . . ...., • t 11 1 1 ... a - ,- 54,1 - .-L."71 N") AC (.0 • NARRATIVE /0/07( October 5, 2011 Joe and Lynn Steininger, current owners of property at 829 Aldrin Drive, are applying for a revised CUP which is currently non compliant with City code, a result of a complaint - - -too many trailers. First, a background history, of the property. Steininger Constr Co. Inc. was granted a CUP for outdoor storage of construction equipment on 1 -3 -1994. Until my retirement in 2004 829 Aldrin grew from 2 employees to 8 and from 7 pieces of equipment to 32. The unpaved portion of the site was then completely graded and covered with 8 inch of limestone and concrete recycle. Upon my retirement in 2004 Grahm Penn Co, a firm headquartered in Canada became a tenant of ours. They are a general contractor. In 2006 North American Trailer also became a tenant of the property, doing trailer repair and outdoor storage of trailers. No complaints have ever surfaced until the August 24, 2011 complaint. We are requesting that our permit be restructured to also include the storage of semi - trailers and trailer and truck repair. Also we are requesting contractor outdoor storage in the NW corner of the site. This area is on the back part of the lot and next to a RR spur. The type of contractor space leased would determine what is stored there. We have shown on the drawings: I. Numbers 1 through 32 designate spaces for parking. Each space is 10.5'x 50'. See attached sheet for what is to be stored at each location. 2. 24' fire lane to be striped 3. Re do disturbed landscaped areas. 4. Install new chain link fence along east set back line and remove old cedar fence . 5. When construction equipment is stored, it will replace trailer spots numbers 18 -19. It will include one backhoe, one bobcat, one dozer, and one trailer. 6. Stripe truck and trailer areas where possible 7. Plan shows new paved area north of existing paving. 8. Contractor storage yard —See attached pictures to get an idea of different things that could be stored. Work can commence early summer 2012 when conditions are favorable for paving. Early summer completion. It is our hope to maintain our property as rental, but at the same time assure Graham Penn and North American Trailer a place to do business in Eagan. R CE!V D ` y l� ate Comp Guide Plan: Industrial Zoning: I -1 Limited Industrial Phasing: see previous paragraph. Existing Land uses: There is one bldg on the site —a Fabcon structure 88x62 with a 19 foot inside ceiling height. It is located in the SE corner of the site. Site is currently storing appx 30 trailers and 2 dumpsters. There are also three maintaince vehicles on site. They are used for emergency repairs off site. Access to site is off Aldrin Dr to the south via a 30 foot curbed entrance. Existing lot is curbed and paved and is in excellent condition. West side of site is a 10,500 square foot wetland providing an 8 feet plus high natural screening barrier. NW corner of site currently houses a 116x120 square foot storage area for a contractor. It holds miscellaneous forms used in the concrete business. This yard is very orderly. Site has approximately 40,000 square feet of green space. Surrounding land uses are: N Hedden St Paul W 935 LLc S Lowell Anderson E SR and JM LLC � a7 2 RECEIVED DEC U 6 2011 December 5, 2011 Sarah Thomas Planner City of Eagan Dear Sarah, This is my response to your letter dated November 22, 2011 and my meeting with Mike on December 5, 2011. 1. See attached sheet for items to be stored in contractors yard. Contractors yard at this time has a limestone base. It will either be paved or millings added to existing base when current tenant moves and a new tenant takes their place. 2. Millings will be added north of existing building where trailers are parked. 3. Existing fence will stay in its current location. 4. Area between trailer parking and existing fence shall stay in its current state. 5. Concrete bumpers will be installed in parking areas one through nine and eighteen through thirty two. Stalls ten through seventeen have an existing curb as a barrier. 6. Lighting to be installed on north side of existing building wall to help illuminate area to the North. 7. Being there are no grade changes on the lot to be paved or the contractor storage yard, drainage will not be altered. Dust has not been an issue at this time. Drainage will be altered slightly north of existing building when millings are added. This water will now flow to the east, to the existing fence and grass area. 8. One dumpster will be located on the north side of building. It has an existing enclosure on the NW side of building and a fence to the east 9. According to current tenant trailers are empty. Sincerely yours, Joe Steininger 1 (;g RECEIVED DEC 0 6 2011 Contactors Storage Yard 829 Aldrin DR List of current items stored. 1. Mis. 4x8 sheets of plywood(appx 30 pcs). 2. One Melroe bobcat 3. One Lull forklift 4. Pallet of plastic fencing 5. One dumpster 6. 50 % of site consists of steel formwork for concrete work 7. 10 pcs scaffold 8. 4 -8x20 enclosed metal structures containing site blankets used for frost control 9. One scissors lift. 10.Jersey barriers J1 10 Looking NW at SE part of site % 2 . . 829 Aldrin Drive 130 Looking NE at SW part of site • 5 • r r — t a .., R sue.•- E- �'�o,— "°'-�— '�, _ _ _ - _ _. _ • 3�� . • 1 1 9 � • ` � Z �. yam.. • 131 1 Looking SW at NE part of site • • • 7.: r Y s t , i Ip I . I I I • • / 2 Looking SE at NW part of site 1 1 I / \ 1 63 A - z� ti 4 r 1 II - i a . lit - C, �G c xN' • • 7 y ,.., y t .a - _ ,/ • • ._s- .r , . i I � ' ^ as - - -- _ . • } -'. _ -+� I .try - Y _ r,.,.c , . b �- " Y4.. Y`l`- '`'''-'1- am i 4 � �4 - , S ha y�.- F '. r r Graham Penn Co S tora e g 1 34 t___.): Agenda Information Memo January 3, 2012, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND INTERIM USE PERMIT — ASPEN WASTE ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), a Conditional Use Permit to allow outdoor storage of trucks and waste containers upon property located at 3259 Terminal Drive, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of Findings of Fact for Denial), a Interim Use Permit to allow outdoor storage of trucks, trailers, equipment and materials of a lawn care service business upon property located at 3259 Terminal Drive, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned I -1 and surrounded by similar zoning districts and businesses with outdoor storage. The site contains an existing 14,000 s.f. building. ➢ Aspen Waste is acquiring the property and proposes a Conditional Use Permit for outdoor storage of trucks and empty waste containers. ➢ An Interim Use Permit for vehicles, equipment and materials associated with the existing tenant, a lawn service business, is proposed until May 2015 to coincide with the existing lease. This outdoor storage has apparently been occurring on the site without benefit of a CUP. ➢ Aspen proposes site improvements to be in phases: o Phase 1: reconstruct parking lot, install 2 driveway to Terminal Drive, grading and stormwater mitigation, fences and screening wall, landscaping and lighting, bituminous surface for truck storage, recycled bituminous for container storage; existing tenant storage area remains gravel o Phase 2: IUP terminates, truck storage and bituminous surface expanded, recycled bituminous replaces gravel and container storage relocated ➢ The corner lot and placement of the existing building result in the storage area being in a front yard. With this one exception, the proposal satisfies performance standards for outdoor storage. ➢ The Advisory Planning Commission held a Public Hearing on December 27, 2011 and they recommended approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: January 31, 2012 ATTACHMENTS14t Location Map, page a December 27, 2011 Draft APC minutes, a es 1 through �j C t Planning Report, pages 1 � D through // 1 Site Plan showing IUP storage detail, page /35 Location Map / - ._, - I ( ! l t ,, YI 11 • ® Y Jig ; . 'Al DIfR YRe �� UU ' Will - Cliff Rd 1' `� i® �.: AL 01S \ 4 Map Area Extent L Fort Snelling State Park ,''® ® ®®� iikv ® ® 6 FOUR OAKS RD , 44A *11* Subject Site /41, r c 6 *4*I 11 ® s o .....,. ii . S 4 1 - r mmmmm 0 • 4 h ®- _ __ mmmmm m ......17 En l'Im - .v-. ' •AD NO. 28 YANKEE DOC R1,ST STRFFT W r • C 4/ . . 4 . • ' ' WM A . , -■. At... I .m ,.. 1-1 1 I Feet Project Name: Aspen Waste (3259 Terminal Drive) 0 500 1,000 2,000 Request: Conditional Use Permit & Interim Use Permit Legend Case Nos.: 08- CU- 16 -11 -11 & 08- IN- 05 -11 -11 , ®s „ la ,,,,E City Boundary 1 Parcels Parks 1 Buildings N City of all /31( 1 Advisory Planning Commission December 27, 2011 Page 4 of 7 B. Aspen Waste Systems Applicant Name: Aspen Waste Systems Location: 3259 Terminal Drive; Lot 6, Block 1, Sibley Terminal Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of trucks and containers. File Number: 08- CU- 16 -11 -11 Application: Interim Use Permit An Interim Use Permit to allow outdoor storage. File Number: 08- IN- 05 -11 -11 Planner Dudziak introduced this item, provided background information and highlighted the information presented in the City Staff report dated December 19, 2011. Thor Nelson, Aspen Waste, introduced himself and indicated agreement with the findings of the staff report. Member Dugan asked about the current tenant's lease and when Aspen will move into the property. Mr. Nelson indicated Aspen expects to move in the Spring 2012. They currently operate out of Minneapolis and intend this to be a satellite location allowing them to better serve customers in Dakota County and points south. Member Dugan indicated the proposed site improvements will improve the current appearance of the site. 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 Vanderpoel moved, Member Filipi seconded the motion to recommend approval of a Conditional Use Permit to allow outdoor storage of trucks and containers upon property located at 3259 Terminal Drive, legally described as Part of Lot 6, Block 1, Sibley Terminal 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. A revised Site Plan identifying the Phase 1 and Phase 2 container storage shall be provided prior to release of this permit for recording. 3. The outdoor storage shall be limited to the number and type of items shown on the site plan. 4. The storage area shall be maintained in an orderly fashion. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 167 Advisory Planning Commission December 27, 2011 Page 5 of 7 6. Trash containers shall be relocated indoors or alternatively, a trash enclosure to contain and screen dumpsters may be constructed consistent with the requirements of the City Code. 7. The height of the screen wall shall be reduced to 7' for the area upon which the sign is mounted, and the existing monument sign shall be removed. Alternatively, one free- standing monument sign that is consistent with City Code design standards may be utilized and the wall- mounted sign omitted. 8. A building permit is required for the masonry block screen wall. 9. Fabric mesh attached to the chain link fence shall be used for screening in place of slats. The fabric shall be kept in premium condition, and replacement of the fabric cover shall occur immediately if it falls into disrepair. 10. The applicant shall install fifteen Category A trees and thirteen (13) Category B trees, per approved Tree Preservation Plan, as fulfillment of Tree Preservation requirements. 11. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical . Root Zone, whichever is greater, of significant trees /woodlands to be preserved on on-site..> 12. The applicant shall contact the City Forestry Divisionand set up a pre- construction site inspection at least five days prior to, the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. The applicant shall obtain a grading permit from the City prior to the reconstruction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 14. If a recycled bituminous surface is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 15. This development shall manage storm water and protect water quality from the new outdoor storage / parking areas by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds, regional ponds, and maintenance of private storm water facilities in accordance with the current City post construction storm water regulations. 16. The applicant shall verify with the City, during /after construction, that subsoil within all proposed infiltration areas (i.e., grassed swale, rain garden) is loosened to a depth of 24" or greater, to a maximum compaction density per standard tests. /3R Advisory Planning Commission December 27, 2011 Page 6 of 7 17. The applicant shall be required to plug the drain tile that is proposed to be open for one year to allow plants to become established in the swale, and verify with the City that this work has been done. 18. The applicant shall use weed /seed -free compost mixed with sand versus topsoil before planting and seeding the infiltration areas, due to unknown amounts of clay /fine soil in the topsoil and to discourage premature plugging of the infiltration capacity. 19. The applicant shall be required to provide the City its considerations for incorporating a containment area or structure to pre -treat or collect gravel material in runoff before it enters and becomes deposited in the infiltration area. This will help extend the functional life of the infiltration area. Consideration also shall be provided regarding a pre- treatment area or structure for the asphalt runoff. 20. The applicant shall be responsible for annual inspection and maintenance of the stormwater features (clean out sedimentation, replenish or replace subsoils as needed to maintain infiltration and functionality, etc. ) and for providing the City documentation of these activities (e.g. copies of inspection reports, invoices for work completed, etc.). 21. If the initial construction of 28 parking stalls is not adequate to handle actual on -site car parking needs, additional parking stalls in the proof of parking area shall be installed. All voted in favor. Motion carried 6 -0. Member Vanderpoel moved, Member Piper seconded the motion to recommend approval of an Interim Use Permit to allow outdoor storage of trucks, trailers, equipment and materials related to a lawn care service business upon property located at 3259 Terminal Drive, legally described as Part of Lot 6, Block 1, Sibley Terminal Industrial Park, subject to the following conditions: 1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. This Interim Use Permit shall terminate upon the earlier of May 31, 2015, or the existing lawn, service tenant vacating the property. 3. A revised Site Plan identifying the type and number or quantity of specific items to be stored, and delineating the area in which they will be stored, shall be provided prior to release of this permit for recording. 4. The outdoor storage shall be limited to the number and type of items shown on the revised Site Plan. 5. The storage area shall be maintained in an orderly fashion. 6. All parking and storage areas shall be properly maintained to prevent deterioration. 7. Trash containers shall be relocated indoors or alternatively, a trash enclosure to contain and screen dumpsters may be constructed consistent with the requirements of the City Code. All voted in favor. Motion carried 6 -0. '39' PLANNING REPORT CITY OF EAGAN REPORT DATE: December 19, 2011 CASE: 08- CU- 16 -11 -11 08- IN- 05 -11 -11 APPLICANT: Aspen Waste HEARING DATE: December 27, 2011 PROPERTY OWNER: Commercial Connection APPLICATION DATE: Dec. 2, 2011 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak and Interim Use Permit LOCATION: 3259 Terminal Drive 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 trucks and containers, and an Interim Use Permit to allow outdoor storage of trucks, trailers, equipment and materials of a lawn care service business upon property located at 3259 Terminal Drive, legally described as part of Lot 6, Block 1, Sibley Terminal Industrial Park. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and Planning Report — Aspen Waste December 27, 2011 Page 2 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions., states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require 141 Planning Report — Aspen Waste December 27, 2011 Page 3 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 existing building was constructed in 1985. 4� An existing Metropolitan Council utility ; =�%� g p Y easement runs along the western portion of the % property, roughly parallel to the west lot line. Its appears that outdoor storage has been occurring _ . _ , < . y on this site without benefit of a Conditional Use ,'} Permit. To address the existing outdoor storag '� �� 'I� ` � � C and allow the existing tenant to remain for the , i 4 r tern of their lease, the applicant is requesting ,' approval of an Interim Use Permit. In addition, - ,,._._. the applicant is proposing a new use involving`` outdoor storage and requesting approval of a Conditional Use Permit. EXISTING CONDITIONS The site contains an existing 14,000 s.f. building upon approximately 4.5 acres. Access to the site is from Terminal Drive. Sun Drive, a private street, abuts the property to the south. The building and parking is located on the northeast portion of the property. Wooded areas exist around the perimeter of the site. A paved bituminous parking lot providing 22 parking stalls is located between the building and Tenninal Drive. TruGreen Land Care, a lawn care service provider, currently leases a portion of the property and has outdoor storage of landscape and lawn service equipment and materials upon the rear portion of the lot. This lease expires May 2015. The outdoor storage area is currently surfaced with gravel. The items currently stored outdoors by TruGreen also occupy that portion of the lot proposed for the Applicant's Phase 2 and would conflict with the containers the applicant proposes in that location with their Phase 1 improvements. Therefore, a revised Site Plan identifying the type and number or quantity of items to be stored outside and delineating the location of such items should be submitted prior to release of the Interim Use Permit for recording. Such outdoor storage should be kept in an orderly manner. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: I `� Planning Report — Aspen Waste December 27, 2011 Page 4 Existing Use Zoning Land Use Designation North Warehousing I -1, Limited Industrial IND, Limited Industrial South Manufacturing/warehousing I -1, Limited Industrial IND, Limited Industrial East Manufacturing/warehousing I -1, Limited Industrial IND, Limited Industrial West Manufacturing I -1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is surrounded by warehouse and manufacturing uses located in the same Limited Industrial zoning and land use designations. Other properties in the vicinity have obtained Conditional Use Permits for outdoor storage. Airport Noise Considerations — The property is located within the one -mile buffer area of Airport Noise Policy Zone 4. Within Zone 4 and the buffer area, industrial uses are considered compatible. Proposal /Site Plan — Aspen Waste proposes to occupy the property, locating offices in the building and utilizing the southern half of the lot for outdoor storage of trucks and containers. Existing outdoor storage for TruGreen is proposed to be maintained on the western portion of the lot for the duration of their existing lease. The applicant's proposed improvements are planned in two phases detailed in the submitted narrative. The first phase involves reconstruction of the parking area and sidewalk, construction of phase one truck storage parking lot and vehicle plug -ins, construction of car and truck access aprons on Terminal Drive, construction of screen wall, fence and signage, resurfacing the Phase 2 truck storage area with recycled bituminous. This Phase 2 area will initially hold empty trash containers. The Site Plan should be revised to clearly identify the truck and container storage as to location and number. Also included in Phase 1 is landscaping, lighting, grading and stormwater mitigation and perimeter fencing. The western portion of the storage lot utilized by TruGreen would retain the existing gravel surface. For this existing outdoor storage to remain, approval of an Interim Use Permit is requested. The Phase 2 expansion of the applicant's storage area is proposed to be undertaken as demand and growth warrants. Phase 2 improvements include heavy duty bituminous pavement in the Phase 2 truck storage area, vehicle plug -ins, additional lighting and crushed recycled bituminous in the western portion of the storage lot. With the expansion of truck storage into the Phase 2 storage area, the container storage will be relocated to the western portion of the lot, which at that time will no longer be occupied by TruGreen's storage, and will be resurfaced from gravel to recycled bituminous. Additional future improvements include removal of the existing building and reconstruction of a one -story office building, and installation of a fuel station and canopy with fuel tanks. With regard to reconstructing the building, the narrative notes "the ability to do so in the future will be 1 Planning Report — Aspen Waste December 27, 2011 Page 5 market driven." Reconstruction of the building in the future will require a building pen The proposed fuel station, if tanks are below ground, is allowed as an accessory use, subject to applicable building and fire codes. Above ground fuel tanks would require a Conditional Use Permit for that use. Existing Conditions — The existing vehicle parking lot is surfaced with bituminous and is in poor condition. The bulk of the storage lot is gravel. The City Code requires outdoor storage areas to be ■ , surfaced with an approved material (bituminous or concrete) to control dust and drainage. The applicant e5 is ro osin to phase in these site improvements, the P p g p P � - �. . particulars of which are discussed elsewhere in this report. Existing outdoor storage is occurring on the y h . property, without benefit of a CUP. Existing outdoor 7 -*" storage consists of trucks, trailers, equipment and - materials for the lawn service business of the existing tenant, TruGreen. In addition, existing trash dumpsters are stored outside and not within a screening enclosure. Dumpsters should be relocated inside the building or an enclosure constructed consistent with the design requirements of the City Code. Access /Transportation — Access to the site is currently from one driveway entrance onto Terminal Drive. With the Phase 1 improvements, the applicant proposes to construct an additional entrance onto Terminal Drive. Financial Obligation — At this time, there are no pending assessments on the parcel. Signage — All signage should be in compliance with City Code requirements. There is an existing monument sign on the northeast corner of the site. This monument is proposed to remain in the short-tern as it contains the existing tenant's signage. Long -tern, Aspen proposes to remove the monument sign. Aspen's business signage is proposed on the 8' masonry wall adjacent to the southerly driveway. City Code stipulates that free - standing signs cannot exceed 7' in height, and only one free- standing sign per building is pennitted. Therefore, the height of the screen wall should be reduced to 7' for the area upon which the sign is mounted, and the monument sign should be removed prior to the new sign being installed. Alternatively, Aspen may choose to omit the wall - mounted sign and instead utilize a monument sign that is consistent with City Code design standards. A building permit is required for the 8' block screen wall. A sign permits is required for any new signs. I Planning Report — Aspen Waste December 27, 2011 Page 6 Trash Enclosures - The Site Plan does not show trash storage areas. A recent site visit revealed trash containers are currently stored outside and not within a screening enclosure. Therefore, trash containers should be relocated indoors or alternatively, a trash enclosure to contain and screen dumpsters may be constructed with the requirements of the City Code. ° `s` Mechanical Equipment - While the proposed plan is the reuse of an existing building, any proposed changes to the mechanical equipment should be consistent with the provisions of the City's zoning code so that it is not visible from the public right -of -way. Building Address Numbers — In accordance with Section 2.78 of the City Code, building numbers should be conspicuously displayed on the building, in a suitable location in an upper corner or near the building entrance so it can be clearly seen from the street and read during all hours of the day. Commercial building numbers should be a minimum height of 12 inches and in a contrasting color to the color of the building. Landscaping — The applicant is proposing new landscaping along the east and south boundaries of the lot, abutting both Terminal Drive and Sun Drive. A mix of shade and evergreen trees is proposed along Sun Drive. Shade trees and shrubs are proposed along Terminal Drive. Existing trees on the northeast portion of the site will remain. Plant beds consisting of various shrubs and perennials are proposed at the southerly entrance and along the south side of the parking lot. The landscaping will soften the appearance of the solid fence along Terminal Drive, and enhance the screening of the fence along Sun Drive. Lighting — City Code Sec. 11.70, Subd. 21.D.8 requires that site lighting be provided as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights -of -way or adjacent properties and the source of light shall not be visible from off the property. While not specified in City Code, parking lot lighting should provide minimum light levels of 0.5 footcandles throughout and light levels should not exceed 1.0 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average -to- minimum uniformity ratio not greater than 4:1. Lighting is a major deterrent of criminal activity. Pole mounted light fixtures are proposed in the car parking area and in the storage lot. Light levels appear to be acceptable in the vehicle parking area. There are two locations neat the building where the level drops below 0.5 footcandles. Lighting from the building may help to illuminate those areas. The average to minimum ratio (0.81 to 0.1) is noted at 8.1, however, this calculation appears to be for the entire site. Staff has asked that the ratio be recalculated for the car parking area and the outdoor storage areas Planning Report — Aspen Waste December 27, 2011 Page 7 separately. One light fixture is proposed on the east side of the storage area and leaves the north and south corners with levels below 0.5 footcandles. Tree Preservation — A tree inventory submitted with this application indicates that there are seven (7) significant trees and 32,956 square feet of significant woodlands existing at this site. This individual tree resource is comprised of ash and maple trees. Tree diameters range from 9 inches to 21 inches. The significant woodlands are comprised of smaller diameter deciduous trees. According to the Tree Preservation Plan submitted, significant tree impacts will result in the removal of three (3) significant trees (43% of the total) and in the removal of 19,862 square feet (60% of the total) of significant woodlands. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 30% of the total significant trees. Because the proposed significant tree removal is more than allowable significant tree removal there is required tree mitigation that calculates to forty -two (42) Category B trees (or an equivalent number of Category A, B, or C trees). The applicant has submitted a Tree Preservation Plan that indicates the installation of fifteen (15) Category A trees and thirteen (13) Category B trees. This calculates to an equivalent of forty - three (43) Category B trees. Grading/Topography — The existing site generally slopes from east to west with ranges in elevation from 772 in the northeast corner to 740 along the west edge. Outdoor Storage /Parking - The existing parking areas are surfaced with bituminous pavement and gravel that do not have concrete curb and gutter on the perimeter. The existing outdoor storage areas are also surfaced with gravel only, without curb and gutter. Under proposed Phase 1 and Phase II improvements, the applicant will construct new parking and outdoor storage (Conditional Use Permit) areas with bituminous pavement and concrete curb and gutter. The outdoor storage areas to be covered by the Interim Use Permit are proposed to remain surfaced with gravel, and be re- surfaced with recycled bituminous material with the Phase 2 improvements. City Code requires that all permanent off - street parking and storage areas be surfaced with a material to control dust and drainage. Bituminous asphalt is the most- widely- used surfacing material to accomplish this requirement and is required for off - street parking areas. There are a number of outdoor storage lots with limited traffic within the City that have been allowed to use alternative material surfacing for outside storage areas. Conditions of those developments have provided for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous surfacing is used, such periodic review should be a condition of approval. If, upon review, the aggregate surface is I LUp Planning Report — Aspen Waste December 27, 2011 Page 8 determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading pen from the City prior to the construction of the proposed parking and outdoor storage areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. Store Drainage — This development should manage storm water and protect water quality from the new outdoor storage/ parking area runoff by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary storn water treatments, storm water treatment ponds, regional ponds, and maintenance of private storn water facilities in accordance with the current City post construction store water regulations. The applicant is proposing to manage the storm water generated by the new impervious surfaces of the parking and storage areas through infiltration and filtration via swale and rain garden along the south edge of the site near Sun Drive. The site is 4.52 acres in size. The I -1 zoning district requires a minimum 25% green space. The submitted Site Plan shows 35% green space is proposed. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Wetlands /Water Quality — Water quality requirements have not been met previously for this parcel. Therefore, City Code §4.33, post - construction stormwater requirements, applies to this redevelopment proposal. Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. The developer proposes to meet City water quality requirements through construction of a stornwater infiltration/filtration area, comprised of a grassed swale with ditch checks and a rain garden. Eagan Water Resources has reviewed the applicant's stornwater runoff modeling and design plans for stornwater management and finds the proposed plans meet City Code §4.33 stonnwater requirements. The applicant should verify with the City, during/after construction, that subsoil within all proposed infiltration areas (i.e., grassed swale, rain garden) is loosened to a depth of 24" or greater, to a maximum compaction density per standard tests. The applicant should plug the drain tile that is proposed to be open for one year to allow plants to become established in the swale, and verify with the City that this work has been done. Due to unknown amounts of clay /fine soil in the topsoil and to discourage premature plugging of the infiltration capacity, a weed /seed -free compost mixed with sand versus topsoil should be used before planting and seeding the infiltration areas. The applicant should provide a containment 111-71 Planning Report — Aspen Waste December 27, 2011 Page 9 area or structure to pre -treat or collect gravel material in runoff before it enters and becomes deposited in the infiltration area. This will help extend the functional life of the infiltration area. Consideration also should be provided regarding a pre - treatment area or structure for the asphalt runoff. The applicant should be responsible for annual inspection and maintenance of the stormwater features and for providing the City documentation of these activities. Outdoor Storage — The standards for outside storage found in City Code Section 11.70 Subd.22 are outlined below. 1. 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. The applicant's storage area is proposed to be fully enclosed with 6' chain link fence, 6' solid white vinyl fence, and 8' masonry block wall. The wall and solid fencing will provide opaque screening along Terminal Drive, a public street. The chain link fence and screening material along Sun Drive, a private street, and around the western portion of the site completes the enclosure of the area while allowing for visual surveillance into the site for added security. 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 proposed outdoor storage is located in a front yard, which is the area between the building and a public or private street. The corner lot configuration and location of existing building result in a large portion of the property being in a front yard. The proposed storage area is set back 20' from both the public and private rights -of -way. 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 outdoor storage area is proposed to be screened by a solid wall and fence along Terminal Drive, and a chain link fence with slats along Sun Drive and around the remaining perimeter. Other nearby properties utilize a mesh fabric screen attached to chain link fence for screening enclosure of outdoor storage areas. For consistency, a similar fabric mesh should be used in place of the proposed slats. The fabric should be kept in premium condition, and replacement of the fabric cover should occur immediately if it falls into disrepair. Landscaping along Terminal Drive and Sun Drive will soften views of the fences and enhance screening. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposal satisfies this condition. New sidewalk internal to the site will be provided from the car parking lot to the main building. Sidewalks will also be provided in the truck storage area to facilitate access around the parked vehicles. /1b Planning Report — Aspen Waste December 27, 2011 Page 10 5. The storage area shall not take up required parking spaces or landscaping areas. The building requires 51 parking stalls per City Code requirements. The proposed Site Plan provides 28 parking stalls, with an additional 23 stalls shown in proof of parking. Combined this satisfies the minimum required 51 stalls. The initial construction will provide 28 stalls. If that is not adequate to handle actual on -site car parking needs, the proof of parking area would be installed. 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 applicant's proposed storage area is proposed to be surfaced with bituminous asphalt. Truck storage will be implemented in two phases and have heavy duty bituminous pavement. The container storage initially will be located in the Phase 2 area and surfaced with recycled bituminous asphalt. When the Phase 2 expansion for truck storage is implemented, the containers will be relocated to the rear lot area which will then be surfaced with recycled bituminous asphalt. SUMMARY /CONCLUSION Aspen Waste is requesting approval of a Conditional Use Permit to allow outdoor storage of trucks and trash containers upon the subject site. The applicant also requests approval of an Interim Use Pen to allow existing outdoor storage for the current tenant, TruGreen, to remain on the site through the term of their lease which expires in May 2015. A revised Site Plan identifying the type, location, number or quantity of outdoor storage items should be submitted prior to release of either permit for recording. The applicant proposes to phase in the site improvements which include storm water management, landscaping and resurfacing of the parking and outdoor storage lots. New signage is also proposed. The western portion of the site is proposed to remain gravel throughout the tern of the existing tenant's lease. The acceptability of proposed recycled bituminous as a surfacing material for the container storage is a policy matter for City officials. Upon implementing the Phase 2 improvements, Aspen proposes to surface the western lot with recycled bituminous and relocate the container storage to that area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of trucks and containers upon property located at 3259 Terminal Drive, legally described as Part of Lot 6, Block 1, Sibley Terminal Industrial Park. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A revised Site Plan identifying the Phase 1 and Phase 2 container storage shall be provided prior to release of this permit for recording. 1�� Planning Report — Aspen Waste December 27, 2011 Page 11 3. The outdoor storage shall be limited to the number and type of items shown on the site plan. 4. The storage area shall be maintained in an orderly fashion. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. Trash containers shall be relocated indoors or alternatively, a trash enclosure to contain and screen durpsters may be constructed consistent with the requirements of the City Code. 7. The height of the screen wall shall be reduced to 7' for the area upon which the sign is mounted, and the existing monument sign shall be removed. Alternatively, one free- standing monument sign that is consistent with City Code design standards may be utilized and the wall - mounted sign omitted. 8. A building permit is required for the masonry block screen wall. 9. Fabric mesh attached to the chain link fence shall be used for screening in place of slats. The fabric shall be kept in premium condition, and replacement of the fabric cover shall occur immediately if it falls into disrepair. 10. The applicant shall install fifteen Category A trees and thirteen (13) Category B trees, per approved Tree Preservation Plan, as fulfillment of Tree Preservation requirements. 11. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 12. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading pen to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. The applicant shall obtain a grading pen from the City prior to the reconstruction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 150 Planning Report — Aspen Waste December 27, 2011 Page 12 14. A) The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR B) If a recycled bituminous surface is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 15. This development shall manage storm water and protect water quality from the new outdoor storage/ parking areas by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary stone water treatments, storm water treatment ponds, regional ponds, and maintenance of private stone water facilities in accordance with the current City post construction stone water regulations. 16. The applicant shall verify with the City, during/after construction, that subsoil within all proposed infiltration areas (i.e., grassed swale, rain garden) is loosened to a depth of 24" or greater, to a maximum compaction density per standard tests. 17. The applicant shall be required to plug the drain tile that is proposed to be open for one year to allow plants to become established in the swale, and verify with the City that this work has been done. 18. The applicant shall use weed /seed -free compost mixed with sand versus topsoil before planting and seeding the infiltration areas, due to unknown amounts of clay /fine soil in the topsoil and to discourage premature plugging of the infiltration capacity. 19. The applicant shall be required to provide the City its considerations for incorporating a containment area or structure to pre -treat or collect gravel material in runoff before it enters and becomes deposited in the infiltration area. This will help extend the functional life of the infiltration area. Consideration also shall be provided regarding a pre- treatment area or structure for the asphalt runoff. 20. The applicant shall be responsible for annual inspection and maintenance of the stonnwater features (clean out sedimentation, replenish or replace subsoils as needed to maintain infiltration and functionality, etc. ) and for providing the City documentation of these activities (e.g. copies of inspection reports, invoices for work completed, etc.). 21. If the initial construction of 28 parking stalls is not adequate to handle actual on -site car parking needs, additional parking stalls in the proof of parking area shall be installed. 151 Planning Report — Aspen Waste December 27, 2011 Page 13 To recommend approval of an Interim Use Permit to allow outdoor storage of trucks, trailers, equipment and materials related to a lawn care service business upon property located at 3259 Terrinal Drive, legally described as Part of Lot 6, Block 1, Sibley Terminal Industrial Park. 1. This Interim Use Pen shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This Interim Use Permit shall terminate upon the earlier of May 31, 2015, or the existing lawn service tenant vacating the property. 3. A revised Site Plan identifying the type and number or quantity of specific items to be stored, and delineating the area in which they will be stored, shall be provided prior to release of this permit for recording. 4. The outdoor storage shall be limited to the number and type of items shown on the revised Site Plan. 5. The storage area shall be maintained in an orderly fashion. 6. All parking and storage areas shall be properly maintained to prevent deterioration. 7. Trash containers shall be relocated indoors or alternatively, a trash enclosure to contain and screen durnpsters may be constructed consistent with the requirements of the City Code. Location Map / _ I / / , a ,„ YI II L e .aM Rd r �� Vankaa Oo `Ia.Rd. Jig ' ,, 0 • - DIf:YRd � i �, ±I' 4 Map Area Extent 4, _ Ar, .t Fort Snelling State Park T ' ■. :;; .C.: , AV E B , . _ , w- ® ®6 FOUR OAKS RD 46 Subject Site 4 ■ ,. 6 ., 1 ' LETE>DR_r ; ............ ..... ii .... 4, ....... .... 4 ® ®:7 mm iii.., L __ = a ■■ r� mmmmm me mmmmm m ■■ [N .. - ■r ■I - -[AD NO 28 YANKEE DOC 1 a+ T STRFFT W E r e MI -' OA 111111 ., lib A mmo A ki . , A 1,41 I I 1 Feet Project Name: Aspen Waste (3259 Terminal Drive) 0 500 1,000 2,000 Request: Conditional Use Permit & Interim Use Permit Legend Case Nos.: 08- CU- 16 -11 -11 & 08- IN- 05 -11 -11 ,s „n gaii�* City Boundary Parcels i,.... Parks i Buildings N City of Casa' 53 1 Current Zoning and Land Use Map City of kali Application: Aspen Waste Type: Conditional and Interim Use Permits Case No.: 08- CU- 16 -11 -11 & 08- IN- 05 -11 -11 ` % i \ R -4 P \� / /� / / Zoning R -2 I -1 �- \ Subject Site 1 -1 Limited Industrial PF \ ; -1 — \ I 1 / , - - j HI / \ I -1 -. .. 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The applicant is not requesting a change in zoning as the requested uses are permitted via a Conditional Use Permit. LAND USE EXISTING The property is currently leased by TruGreen Land Care, which is a lawn care service provider. The tenant occupies the principal building and uses the site for outdoor storage of equipment and materials associated with the business. The site is bound by Terminal Drive to the southeast, Sun Drive to the southwest and northwest and an existing business to the northeast. The total site area amounts to approximately 4.5 acres and provides for a single story block building and two story frame -built office building, which abut at a common wall. A small bituminous parking lot exists near Terminal Drive and a larger gravel lot exists internal to the site. The larger gravel lot is gated and provided with chain link fence at its perimeter. Topography of the site varies from an elevation of 772 near the building to 740 near the northern most corner of the site. Steeper slopes currently exist near the sites perimeter or Sun Drive and are vegetated with volunteer growth. Primary tree species in the sloped area includes Siberian Elm and Cottonwood. Stormwater mitigation is currently not provided on -site. PROPOSED PLAN General The Applicant is currently proposing for a multi phased development, which will allow for a gradual expansion of their business based on market demands of the southeast metropolitan area. TrueGreen Land Care has a lease agreement for the rear portion of the lot for outdoor storage, Conditional Use Permit Submittal December 2, 2011 Aspen Waste Systems, Inc. I Page 1 of 3 NARRATIVE RECEIVED DEC 02 2011 I.2 which expires May 2015. It is our understanding that an Interm Use Permit is required for this temporary use. Aspen Waste does not intend to extend the lease for the tenant beyond April 15, 2011. Phase -one site improvements currently proposed are as follows: • Removal of existing bituminous parking lot, Concrete wall /storage bins, fencing, gate and loose gravel from front yard area. • Construction of car parking area and concrete sidewalk. • Construction of white split face block screen wall and branding signage. • Construction of white vinyl screen fencing near Terminal Drive. • Construction of car and truck access aprons on Terminal Drive. • Construction of phase one truck storage parking lot and vehicle plug -ins. • Provided crushed recycled bituminous in area of phase two truck storage • Landscaping and Lighting • Stormwater mitigation. • Perimeter fencing. Phase -two site improvements currently proposed are as follows: • Construction of phase -two truck storage parking lot and vehicle plug -ins. • Additional lighting • Provided crushed recycled bituminous in remainder of west rear lot area Future site improvements considered at this time are as follows: • Removal of two story office building. • Construction of one -story office building. • Fuel station and canopy. It should be noted that it is the applicant's desire to ultimately remove the two -story office building and construct a one -story office building similar to their existing facility in Minneapolis. However, the ability to do so in the future will be market driven. SURROUNDING PROPERTY DESIGNATIONS LAND USE The property is currently surrounded with land use designations of Limited Industrial (IND), which are compatible with the application. Conditional Use Permit Submittal November 16, 2011 Aspen Waste Systems, Inc. — Eagan, MN Page 2 of 3 Iblp ZONING The property is currently surrounded with a zoning designation of Limited Industrial (I -1), which are compatible with the application. CONCLUSION The applicant respectfully requests that the City of Eagan consider approval of a Conditional Use Permit to allow for the construction of phase one improvements and possible future improvements, as depicted. It is the applicant's humble opinion that improvements currently proposed will result in a significant improvement to the property and are consistent with City goals and objectives for the area. The applicant also respectfully requests that the City of Eagan consider the approval of the Interm Permit of Outdoor Storage for TrueGreen Land Care. 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' m 4,-.;1-'.7° 421 r am z z ° Ill mh /\ o -70 O m 71 E . 4 1 E , = O z e) q 7 r 0 € Z • rri a� n z x € R � C - ,:sr., m CD m im ' _ o ASPEN WASTE SYSTEMS INC. 1 1 )e' t / fJ��) - ' 3259 TERMINAL DRIVE '✓ ( o , EACAN, MINNESOTA 55121 � ` ` PHASE ONE - GRAD! G AND EROSION CONTROL PLAN ? z y " . Agenda Information Memo January 3, 2012 City Council Meeting C. Ordinance Amendment to Chapter 2 of Eagan City Code regarding Domestic Partner Registration and resolution adopting fees. ACTIONS TO BE CONSIDERED: To approve an ordinance amendment to Chapter 2, adding Section 2.82 to authorize and establish voluntary domestic partner registration, to approve a resolution adopting fees, and to direct the City Attorney to publish the ordinance. FACTS: • Per the direction of the City Council, an ordinance amendment has been prepared to authorize and establish a voluntary program of registration of domestic partners. • Per the direction of the City Council, fees to cover the cost of the registration and related staff costs are included in the proposed resolution. ATTACHMENTS: • Enclosed on pagesJ74 through! 7(0 is a copy of the proposed ordinance amendment to Chapter 2. • Enclosed on pages' 71 and 17 Wis a copy of the proposed resolution adopting fees. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY ADDING SECTION 2.82 REGARDING DOMESTIC PARTNERSHIP REGISTRATION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by adding Section 2.82, to read as follows: 2.82 Domestic Partnership Registration. Subd 1. Purpose. The City of Eagan authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside in Eagan and who share a life and home together may document their relationship. This Section or the registration process hereunder does not create any rights, privileges, or responsibilities that are otherwise available to legally married couples under state or federal law. Subd. 2. Definitions. As used in this Section, the following words and terms have the meanings stated: A. Domestic Partner means any two adults who meet all of the following: 1. Are not related by blood closer than permitted under marriage laws of the state; 2. Are not married; 3. Are competent to enter into a contract; 4. Are jointly committed to each other for the necessities of life; 5. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities; 6. Do not have any other domestic partner(s); 7. Are both at least 18 years of age; and 8. Are residing together and are both residents of the City of Eagan. B. Domestic Partnership shall mean a significant relationship between domestic partners, which may be evidenced by: 1. A valid registered domestic partnership with a governmental body pursuant to local, state or other law authorizing such registration, including a domestic partnership registration with the City of Eagan. l 7I 2. Marriages that may be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law. The term domestic partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one another as married persons are traditionally committed, except for the traditional marital status and solemnities. Subd. 3. Registration of Domestic Partnerships. A. The City Clerk shall accept a domestic partnership registration application that is fully completed and signed before a notary public by both domestic partners certifying under oath that they meet the definition of domestic partners as set forth herein and is accompanied by payment of all fees required under this Section. The application shall be on a form provided by the City. B. The City Clerk shall charge a separate fee for each of the following: domestic partnership registration application; filing of any amendment to a domestic partnership registrations on file with the City; filing of a notice of termination of a domestic partnership registrations on file with the City; certified copies of any registration, amendment, or notice of termination documents on file with the City; and duplicate registration certificate. The fees required herein shall be set by a duly adopted resolution of the City Council. C. The City Clerk shall provide to the domestic partners a registration certificate. D. The City Clerk shall keep a record of all registrations of domestic partnership, amendments to registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnerships to which they pertain. E. The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act. Subd. 4. Amendments. The City Clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments which would replace one of the registered partners with another individual will not be accepted. Subd. S. Termination of Domestic Partnership Registration. Domestic partnership registration terminates when the earliest of the following occurs: 1. One of the partners dies; or /7.6 2. A notice of termination of the domestic partnership registration, on a form provided by the City which is signed by at least one of the registered domestic partners before a notary public, is filed with the City Clerk. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: )7C EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on , at 6:30 p.m. The following members were present: Maguire, Bakken, Hansen, Fields and Tilley; and the following were absent: none. * * * Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING FEES IN CONNECTION WITH DOMESTIC PARTNERSHIP REGISTRATION WHEREAS, the Eagan City Council adopted Ordinance No. 2 nd Ser under which Section 2.82 was added to the Eagan City Code. WHEREAS, Ordinance No. 2 Series, Section 2.82, requires the City Clerk to charge certain fees and said fees are to be determined by a duly adopted Resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the following fees shall be charged by the City Clerk in accordance with Ordinance No. 2nd Series, Section 2.82 of the City Code: • Domestic partnership registration application: (includes Registration Certificate) $25.00 • Duplicate registration certificate: $5.00 • Filing of any amendment to a domestic partnership registration on file with the City: $25.00 • Filing of a notice of termination of a domestic partnership registration on file with the City: $25.00 • Certified copy of any registration, amendment or notice of termination document on file with the City: $5.00 per document �1 �7 ADOPTED this day of , 2012. Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. 2 rig