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02/08/2012 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 8, 2012 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE P ? 11. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS P• 4 A. Future Cities Competition, 2012 Regional Winner - Blackhawk Middle School f. L B. City Engineer of the Year, 2011 (City Engineers Association of Minnesota) — Russ Matthys IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) F, APPROVE MINUTES iL B. PERSONNEL ITEMS g C. APPROVE Check Registers P 1 9 D. ADOPT a Resolution Accepting Updates to the Dakota County All Hazard Mitigation Plan P 3 i E. APPROVE Revised 2012 Budget for Cable Franchise Fees Special Revenue Fund eaa F. APPROVE Resolution establishing a Cable Access Complaint Review Board, naming franchise administrator, and reserving all other Video Franchise Enforcement Powers to the Eagan City Council P Q5 G. APPROVE E -TV Access and Operational Use Policies �? 3& H. APPROVE the Submission of an Application for a 2012 -2014 Department of Natural Resources (DNR) Community Forest Bonding Grant and Authorization for the Director of Parks and Recreation to execute related documents a I. AUTHORIZE Staff to initiate the process of amending City Ordinance Chapter 10, Section 10.20 as it relates to "Shade Tree Disease Control and Prevention" P40 J. APPROVE A Resolution Declaring Official Reimbursement Intent — Fire Apparatus — �/ Snozzle e `ica K. APPROVE Application for Exempt Permit for Eagan Resource Center to hold a raffle on /I March 22, 2012 04 L. APPROVE Tree Maintenance Contractor License for P & C Tree Service f ,t„ iS M. APPROVE Tree Maintenance Contractor License for Lawrence Tree & Stump Services, Inc. f ``�� `I4' N. APPROVE Tree Maintenance Contractor License for Tree Techs p L47 O. APPROVE Off -Sale Liquor License for Drinks Liquor, Inc. DBA Drinks Liquor, 3090 Courthouse Lane (IR P. APPROVE Conditional 90 -Day On -Sale Liquor License extension for Cedarvale Bowl, Inc. DBA Cedarvale Lanes /Fitz's Bar & Grill; Latt, Inc. DBA Valley Lounge; and Cooper's 4 Restaurant Inc. DBA Cooper's Restaurant f i 1 Q. APPROVE FINAL SUBDIVISION for Oakbrooke 8 Addition e SD) R. APPROVE Consultant pool for Property Maintenance Services f Sq S. APPROVE Resolution to change street name of Buffet Way es T. APPROVE Change Order No. 4 for Contract 09 -18 (Duckwood Drive Overpass — Bridge & street Improvements) l",sq U. APPROVE Final Payment for Contract 12 -04 (I -35E, North of Diffley Rd — Noise Wall) e 4 V. APPROVE Plans & Specifications for Contract 12 -05 (City -Wide Inflow and Infiltration Mitigation — Sanitary Sewer Improvements) 1 W. APPROVE Plans & Specifications for Contract 12 -06 (City -Wide Stormwater & Water Quality Ponds — Sediment Removal & Outlet Improvements) e 6 X. APPROVE Plans & Specifications for Contract 12 -07 (City -Wide Sanitary Sewer Lining — Sanitary Sewer Improvements) r. (PS Y. ADOPT Findings and Deny Drainage & Utility Easement Vacation Request — Ballantrae Apartments ea Z. APPROVE Agreement with the National Intergovernmental Purchasing Alliance Company V. PUBLIC HEARINGS p T• 10 A. VARIANCE - Ted Anderson - Multiple Variances: 1) reduced number of parking stalls; 2) reduced parking stall sizes and widths; 3) reduced parking lot setbacks; 4) for zero setback or encroachment onto adjacent property of satellite dish and trash enclosure and trash enclosure within a front yard; 5) reduced green space below 25 %; and 6) for relief from landscape p requirements located at 3105 Sibley Memorial Hwy. r• e/aj B. PROJECT 1063 (Chatterton Ponds – Street Overlay) 1 It) C. PROJECT 1064 (Hills of Stonebridge 2nd & 3 — Street Overlay) r. I D. PROJECT 1067 (Hawthorne Woods – Street Overlay) 49.1(e E. PROJECT 1077 (Northview Park Road /Braddock Trail /Elrene Road – Street Overlay) 19 F. PROJECT 1068 (Lexington Pointe 1 & 2 — Street Overlay) VI. -6 LD BUSINESS 10 I ,� A. ORDINANCE AMENDMENTS — Chapter 7 (adopting a special event permit process); `�' Chapter 6 (regarding transient merchant regulations); and Chapters 7, 9 and 10 (regarding sale of goods on city property or public rights -of -way); Resolution Adopting Fees, Resolution Adopting Special Event Permit Rules and Regulations, Resolution Adopting Block Party Rules and Regulations VII. NEW BUSINESS e.a5te A. REZONING AND FINAL PLANNED DEVELOPMENT - Bradford Place - Lester Bordsen /Homeowner -A Rezoning of approximately 1.7 acres from (R -1), Single Family Residential to (PD), Planned Development and A Final Planned Development to allow a new detached accessory structure located at 733 Bradford Place 7 1 B. CONDITIONAL USE PERMIT – Lone Oak Market/ Tony Donatell - A Conditional Use Permit to allow a seasonal outdoor sale located at 1286 Lone Oak Road c C. CONDITIONAL USE PERMIT- Lost Spur/ Steve Whitlock - A Conditional Use Permit to allow a pylon sign with a dynamic display located at 2750 Sibley Memorial Hwy. P 3/D D. PLANNED DEVELOPMENT AMENDMENT- Panera Bread/ Tony DiSanza - A Planned Development Amendment to allow drive - through service and modifications to the building and signage located at 1260 Promenade Place (proposed for Continuance to February 21) e ' 35 E 1 Thomas Pamqui tE A Comprehensive AMENDMENT – Central Park Commons 2 – Amendment to ha change the land M Inc. / designation of 6.2 acres from SA -MO, Special Area -Major Office to SA -RC, Special Area - Retail Commercial located at 3333 Pilot Knob Road e :310 (3 1 F. ORDINANCE AMENDMENT – City of Eagan – Amusement Devices – Ordinance Amendment to Chapter 11, Section 11.30 and 11.60 regarding Amusement Devices (proposed for Continuance to February 21) 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 40 1. C!t of Eaaali Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 3, 2012 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 8, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 8, 2012 City Council agenda, the following items are in order for consideration. 3 A A. Black Hawk Middle School - Future City Minnesota Winner Recognition is being given to a team of seventh and eighth grade students from Black Hawk Middle School who finished first place overall and won a special award for Best Essay in the Future City Minnesota regional competition held January 14 at the University of Minnesota. As champion of the Minnesota region, members of team Vita Nova (the name of their city) earned a spot in the Future City National Finals, which will be held in Washington, D.C. February 21 as part of National Engineers Week. Members of team Vita Nova are Will Cobbett, Durga Darba, Justin Eccles, Joey Lindholm, Ben Pankow and Collin Westgard. The staff advisor is Black Hawk teacher David Herem and the engineer mentor is City Engineer Russ Matthys. Sponsored by the National Engineers Week Foundation, Future City is a national competition for middle school students intended to foster interest in math, science and engineering. The competition includes computer design, researching and writing, model building and public speaking. 4 INDEPENDENT SCHOOL DISTRICT #196 NEWS RELEASE Rosemount -Apple Valley -Eagan Public Schools FOR IMMEDIATE RELEASE Press Inquiries: Tony Taschner, communications specialist January 20, 2011 651- 423 -7775 • tony.taschner @district196.org Black Hawk Middle School team's city of the future is headed to nationals ROSEMOUNT, Minn. — A team of seven, seventh- and eighth -grade boys from Black Hawk Middle School finished first place overall and won a special award for Best Essay in the Future City Minnesota regional competition held Jan. 14 at the University of Minnesota. As champion of the Minnesota region, members of team Vita Nova (the name of their city) earned a spot in the Future City National Finals, which will be held in Washington, D.C. Feb. 21 as part of National Engineers Week. Members of team Vita Nova are Will Cobbett, Durga Darba, Justin Eccles, Joey Lindholm, Ben Pankow and Collin Westgard. The staff advisor is Black Hawk teacher David Herem and the team is assisted by Russ Matthys, an engineer with the City of Eagan. Four other teams from District 196 schools competed at the Minnesota regional and all four brought home special awards. Team Punahiko Wai from Valley Middle School finished runner -up to Vita Nova at the Minnesota regional and won the award for having the best transportation system as part of their city. Team Pure Meadows of Black Hawk Middle won Best Virtual City Award, team Plexia of Dakota Hills Middle School won the Engineering Excellence Award and Rosemount Middle School's Superior City team won Best Infrastructure Award. Sponsored by the National Engineers Week Foundation, Future City is a national competition for middle school students intended to foster interest in math, science and engineering. The competition includes computer design, researching and writing, model building and public speaking. District 196 serves approximately 27,500 students in early childhood, K -12 and special education programs combined, and offers community education programs for more than 60, 000 participants of all ages. District 196 includes all or part of Rosemount, Apple Valley, Eagan, Burnsville, Coates, Inver Grove Heights, Lakeville and Empire and Vermillion townships. For more information, visit www.District196.org. Educating our students to reach their full potential Agenda Information Memo February 8, 2012 Eagan City Council Meeting B. CITY ENGINEER OF THE YEAR 2011 CITY ENGINEERS ASSOCIATION OF MINNESOTA — RUSS MATTHYS • Background on this item will be prepared by Public Works Director Colbert and included in the Additional Information Memo distributed on Monday, February 6, 2012. ATTACHMENTS: • See Press Release enclosed on page . Le City of Eapil Press Release January 26, 2012 Contact: Tom Garrison Director of Communications Office (651) 675 -5008 Cell (651) 470 -1692 tcarrison(@.citvofeacan.com Eagan City Engineer Receives Top Honor in State; Russ Matthys Named Engineer of Year by Fellow City Engineers Eagan's City Engineer since 1997 received the prestigious 2011 Engineer of the Year Award on Wednesday from his peers —the City Engineers Association of Minnesota (CEAM). A member of CEAM since 1990, Matthys has worked for three Minnesota cities, two civil engineering firms and the Los Angeles County Department of Public Works. In his nearly 15 years at Eagan, Matthys has mentored graduate engineers and been a contest judge and mentor for the Minnesota Future Cities program (http: / /www.futurecitv.orq /Minnesota) which works with middle school students to help them discover engineering, engage in creative problem solving, and learn science and math principles while designing an actual city. In addition to evaluating and implementing more than $8 million worth of storm system upgrades following the July, 2000 Super Storm, Matthys has been lead engineer for interagency road projects (Highway 149 and the County Road 30 roundabout), as well as constructing two local bridges and overseeing 143 miles worth of street improvements. Matthys also helped form and supervises an internal multi - department team that has formulated and implemented a leading storm water pollution prevention plan. "Russ exhibits the kind of tenacity and `get -'er -done' attitude that is a hallmark of an effective engineer, but that's coupled with an attention to detail and good taxpayer value," says Eagan City Administrator Tom Hedges. In fact, even though property taxpayer assessments are often involved in paying for a portion of City road projects, with good public communication some 14,000 assessments during Matthys tenure as City Engineer have gone unchallenged. "Russ is not only a skilled engineer, but he focuses on building personal relationships, a hallmark of an effective leader," believes Tom Colbert, Eagan's Public Works Director. Matthys has presented at numerous professional gatherings including an invitation to speak to paving professionals in Kansas. He previously received the "Extra Mile Award" in 2011 from the Minnesota Society of Professional Engineers for his service to the engineering community, and the flood mitigation response to the Super Storm previously received the National Public Works project of the year in 2002. # 1 Agenda Information Memo February 8, 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 January 17, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: (� • Minutes of the January 17, 2012 Regular City Council meeting are enclosed on pages through 5 . MINUTES OF A REGULAR MEETING OF THE DR AF EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 17, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A representative from Fitz's Bar & Grill was present and addressed the Council regarding liquor licensing and food and liquor ratio. A regular meeting of the Eagan City Council was held on Tuesday, January 17, 2012 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 Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, City Engineer Matthys, Police Chief McDonald, Fire Chief Scott and Assistant City Engineer Gorder. AGENDA City Administrator Hedges requested an Administrative Agenda item be added under City Administrator, to be entitled, Phase I1 Fiber Installation. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the January 3, 2012 regular City Council meeting and December 13, 2011 Special City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to amend the City Personnel Police Section 15.1 Funeral Leave from two (2) days to three (3) days paid bereavement leave as of 1/1/12 2. It was recommended to approve the hiring of Darrin Bramwell for the Fire Marshall position in the Fire Department 3. It was recommended to authorize the replacement of the position of Fire Inspector 4. It was to recommended to accept the retirement of Kristi Peterson, IT Manager, and authorize her replacement 5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation 6. It was recommended to approve reclassifications in the Fire Department: Fire Inspector, Fire Chief, Deputy Fire Chief and Fire Marshal C. It was recommended to approve Check Registers dated December 29, 2011 and January 5, 2012 as Presented D. It was recommended to direct Greater MSP Operational Protocols to Council Finance Committee for Review E. It was recommended to approve extension of Conditional Use Permit and Variance (Spectrum Business Park) — Bricks and Mortar F. It was recommended to direct preparation of an Ordinance Amendment to City Code Chapter 10 relative to Special Assessments for refuse removal, diseased tree removal, mowing and noxious weed abatement, false alarm fees and board -ups G. It was recommended to approve Tree Maintenance Contractor License for Aspenwall Tree Service Inc. H. It was recommended to approve Tree Maintenance Contractor License for Rainbow Tree Care I. It was recommended to approve Contracts for three food catering providers for the Eagan Community Center and Authorize the Mayor and City Clerk to execute the appropriate documents J. It was recommended to approve a Contract for one alcohol catering provider for the Eagan Community Center and authorize the Mayor and City Clerk to execute the appropriate documents K. It was recommended to present Feasibility Report for Project 1066 (Coventry 1 & 2 Additions/ Country Hollow — Street Overlay) and Schedule Public Hearing (February 21, 2012) 9 F City Council Meeting Minutes DR A r` January 17, 2012 2 page L. It was recommended to present Feasibility Report for Project 1069 (Cliff Ridge — Street Overlay) and Schedule Public Hearing (February 21, 2012) M. It was recommended to present Feasibility Report for Project 1070 (Oak Chase 4 (Oak Chase Circle) — Street Overlay) and Schedule Public Hearing (February 21, 2012) N. It was recommended to present Feasibility Report for Project 1071 (Signal Point/ Knob Hill — Street Overlay) and Schedule Public Hearing (February 21, 2012) O. It was recommended to present Feasibility Report for Project 1072 (Boulder Ridge (Heine Court) — Street Overlay) and Schedule Public Hearing (February 21, 2012) P. It was recommended to present Feasibility Report for Project 1075 (Great Oaks Lane/ Great Oaks Circle — Street Overlay) and Schedule Public Hearing (February 21, 2012) Q. It was recommended to approve Project 1082 (2012 Water Quality/Storm Sewer Improvements — Pond Sediment Removal) and Authorize Preparation of Plans and Specifications by Barr Engineering Co. R. It was recommended to approve Project 1087 (City-Wide Inflow & Infiltration Reduction — Sanitary Sewer Improvements) and Authorize Preparation of Plans and Specifications by SEH, Inc. PUBLIC HEARINGS VARIANCE — BALLANTRAE APARTMENTS City Administrator Hedges introduced the item regarding a variance to the side yard setback for garages and a variance to reduce the number of enclosed garage stalls required by City Code for the Ballantrae Apartments located at 3800 Ballantrae Road. City Planner Ridley gave a staff report and provided an overview of the property and the proposed improvements to the site, noting the apartment complex was developed in 1972 with 204 apartments. Kathy Anderson of Architectural Consortium, representing the applicant, provided a project summary and stated she and others were present to answer questions of the Council. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the City Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a variance to reduce the number enclosed parking stalls from 205 to 185 for property located at 3800 Ballantrae Road subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 -days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain building permits prior to any construction or demolition. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve three building setback variances of 16 -28' from the east property line for three single- loaded garage buildings on property located at 3800 Ballantrae Road subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 -days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain building permits prior to any construction or demolition. DRAINAGE & UTILITY EASEMENT VACATIONS — BALLANTRAE APARTMENTS City Administrator Hedges introduced the item regarding public drainage and utility easements within Lot 1, Block 1, Ballantrae 2 Addition. Director of Public Works Colbert gave an overview of the property located at 3800 Ballantrae Road along with the description of the drainage and utility easements to be vacated. " 0 City Council Meeting Minutes ("'1 R AF January 17, 2012 i t 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct preparation of fmdings for denial of the petition to vacate pubic drainage and utility easements within Lot 1, Block 1, Ballantrae 2 " Addition. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to direct preparation of an encroachment agreement to be returned for future Council consideration. Aye: 5 Nay: 0 PROJECT 1057 — HIGHVIEW ACRES (STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1057, Highview Avenue street improvements. Director of Public Works Colbert gave an overview of the City's pavement management program. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve Project 1057, Highview Avenue street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1058 — OSLUND TIMBERLINE —PINE RIDGE DRIVE (STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1058, Oslund Timberline —Pine Ridge Drive street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1058, Oslund Timberline —Pine Ridge Drive, street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1062 — KINGS WOOD /CUTTERS RIDGE /SHERWOOD DOWNS (STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1062 Kings Wood/Cutters Ridge /Sherwood Downs Additions street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. There was Council discussion regarding City policy for special assessments to properties located on private streets taking access to public street improvements. Mayor Maguire opened the public hearing. Resident Steve DeVries of 1469 Kings Wood Road asked for clarification on the difference in percentage participation between property owners and the City on street overlay projects. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1062 Kings Wood/Cutters Ridge /Sherwood Downs Additions street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 I City Council Meeting Minutes January 17, 2012 4 page PROJECT 1073 — WESCOTT ROAD — DENMARK TO 600' EAST OF LEXINGTON /GLACIER DRIVE (STREET OVERLAY) City Administrator Hedges introduced the item regarding Project 1073, Wescott Road, from Denmark to 600' east of Lexington, and Glacier Drive street improvements. Assistant City Engineer Gorder provided an overview of the feasibility study and proposed improvements. Mayor Maguire opened the public hearing. There being no comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1073, Wescott Road and Glacier Drive, street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS City Administrator explained that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: ACTING MAYOR Councilmember Fields moved, Tilley seconded a motion to appoint Councilmember Bakken as Acting Mayor. Aye: 4 Nay: 1 (Bakken) OFFICIAL LEGAL NEWSPAPER Motion was made by Councilmember Fields, seconded by Councilmember Tilley to approve retention of the ThisWeek Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 CITY COUNCIL MEETING SCHEDULE Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the 2012 meeting scheduled as amended noting the alternate dates. Aye: 5 Nay: 0 2012 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS (Including January 2013 meetings) JANUARY 3 MAY 15 OCTOBER 2 JANUARY 17 JUNE 5 OCTOBER 16 FEBRUARY 8 Wednesday JUNE 19 N OVEMBER 7 4 Wednesday FEBRUARY 21 JULY 3 NOVEMBER 20 MARCH 6 JULY 17 DECEMBER 4 MARCH 20 AUGUST 6 2 Monday DECEMBER 18 APRIL 3 AUGUST 21 JANUARY 2, 2013 5 Wednesday APRIL 17 SEPTEMBER 4 JANUARY 15, 2013 MAY 1 SEPTEMBER 19 3 Wednesday 'Wednesday, February 8 due to Precinct Caucuses 2 Monday, August 6 due to National Night Out la City Council Meeting Minutes DRAFT January 17, 2012 I 5 page 3 Wednesday, September 19 due to Rosh Hashanah 4 Wednesday, November 7 due to the General Election 5 Wednesday, January 2, 2013 due to the New Year's Day Holiday There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2012 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS (Including January 2013 Meeting) JANUARY 10 MAY 22 (tentative) OCTOBER 9 JANUARY 31 (Goals Retreat) JUNE 12 OCTOBER 23 (tentative) FEBRUARY 28 (tentative) JUNE 26 (tentative) NOVEMBER 13 MARCH 13 JULY 10 NOVEMBER 27 (tentative) MARCH 27 (tentative) JULY 24 (tentative) DECEMBER 11 APRIL 10 AUGUST 151 Wednesday No tentative meeting the week of Christmas APRIL 24 (tentative) AUGUST 28 (tentative) JANUARY 8, 2013 MAY 8 SEPTEMBER 11 'Wednesday, August 15 due to the Primary Election CITY COUNCIL MEETING PROCEDURES Councilmember Tilley moved, Councilmember Bakken seconded a motion to acknowledge and approve the Roberts Rules of Order used to conduct office business for the City Council meetings, the Council's past practice and policy for Visitors to be Heard during the Council candidate filing period (May 22, 2012 - November 6, 2012)) not to exceed ten minutes and will not be televised, and to formally ratify the practice that at least two members of the Council must make the request of the City Administrator to place an item on the upcoming City Council Agenda. Aye: 5 Nay: 0 STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS Councilmember Fields moved Councilmember Bakken seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as amended. Aye: 5 Nay: 0 Standing Committees: Finance Committee: Mayor Maguire and Councilmember Bakken Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Communications Committee : Councilmember Tilley and Councilmember Hansen Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Tilley Advisory Planning Commission — Councilmember Hansen Airport Relations Committee — Councilmember Fields Energy and Environment Advisory Commission — Councilmember Bakken 1J City Council Meeting Minutes ")RAFT January 17, 2012 6 page Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board — Councilmember Hansen Municipal Legislative Commission Board — Mayor Maguire Cedar Transitway Group — Councilmember Hansen (City Administrator Hedges as alternate) Monthly Mayor/Manager Breakfasts — Mayor Maguire DCC 2012 -2013 Board - Councilmember Hansen (Councilmember Fields as alternate) DCC 2012 -2013 Executive Board — City Administrator Hedges MSP Noise Oversight Committee — Councilmember Fields (Assistant City Administrator Miller as alternate) Eagan Convention and Visitors Bureau — Mayor Maguire Robert Street Corridor Steering Committee- Councilmember Tilley (City Administrator Hedges as alternate) Robert Street Corridor Technical Advisory Committee (TAC) — City Engineer Matthys (Community Development Director Hohenstein as alternate) Other: Testimony at Legislature — all as needed Metro Cities Board of Directors — Mayor Maguire Caponi Art Park Board — Parks and Recreation Director Seydell- Johnson Breakfast with Mayor / Chamber of Commerce — Mayor Maguire LMC Board of Directors — Mayor Maguire Fire Relief Association Board of Trustees —Mayor Maguire, Fire Chief Scott and Director of Administrative Services Intergovernmental Municipal Committee — Mayor Maguire (plus one additional Councilmember as appropriate per discussion/issue) OLD BUSINESS There are no items at this time. NEW BUSINESS There are no items at this time. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. ADMINISTRATIVE AGENDA City Administrator Hedges introduced the item regarding Phase II Fiber Installation, stating the Finance Committee met on Tuesday, January 17, 2012 to discuss Phase II of the fiber plans. Councilmember Fields moved, Councilmember Hansen seconded a motion to accept the recommendation of the Council Finance Committee to direct preparation of an RFP to determine the cost for Phase II Fiber build out and routing. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. 1Lf City Council Meeting Minutes DR A F T January 17, 2012 7 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:22 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk 5- Agenda Information Memo February 8, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the resignation of Brea McCarty, Police Clerical Technician IV, and authorize her replacement. Item 2. ACTION TO BE CONSIDERED: A. Accept the resignation from Steve Bolluyt as a Police Lieutenant effective February 11, 2012, and authorize his replacement be promoted February 12, 2012. FACTS: • Steve Bolluyt was appointed Lieutenant on July 19, 2010, after the police department conducted a promotional process for a vacant Lieutenant's position. • Since his promotion, Lieutenant Bolluyt has been assigned to police operations and has been a valuable asset to police administration. • Recently he submitted a letter requesting transfer to another position citing a desire to work more closely with "traditional" law enforcement duties. ACTION TO BE CONSIDERED: B. Appoint Sergeant Mike Fineran to Lieutenant effective February 12, 2012, and authorize Steve Bolluyt as his replacement. FACTS: • Steve Bolluyt submitted his resignation as Lieutenant effective February 11, 2012, causing a vacancy in police administration. • In March 2010, a promotional process for Lieutenant was conducted and candidates were rated numerically. A list was established where after appointing Steve Bolluyt to Lieutenant, Sergeant Mike Fineran rose to number one. • Upon promoting Sergeant Mike Fineran, Lieutenant Steve Bolluyt would be re- classified to Sergeant. • All of the above information was discussed with the City Administrator. ATTACHMENTS: • Lt. Bolluyt's letter is enclosed without page number. Item 3. ACTION TO BE CONSIDERED: Approve the reclassification of the Assistant City Administrator. FACTS: • With the status change of the former Director of Administrative Services, the Assistant City Administrator will assume the role of supervising the staff and operations of the following functions; Information Technology, City Clerk and Human Resources. • Supervisory responsibilities will increase by 8 additional employees. • After documenting the additional duties and responsibilities and reviewing internal and external equity, it is recommended this position be reclassified from Level 13 to Level 17. • Effective date of the classification change will occur January 30, 2012 to coincide with the pay period. I7 Agenda Information Memo February 8, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 12, 2012, January 19, 2012 and January 27, 2012 as presented. ATTACHMENTS: • Check registers dated January 12, 2012, January 19, 2012 and January 27, 2012 are enclosed without page number. /T? Consent Agenda Information Memo February 8, 2012, Eagan City Council Meeting D. Adopt a resolution accepting updates to the Dakota County All Hazard Mitigation Plan ACTION TO BE CONSIDERED: Adoption of the resolution FACTS: • Under the Federal Disaster Mitigation Act of 2000 (DMA2000), to remain eligible for disaster related federal hazard mitigation grant funds, the Dakota County All Hazard Mitigation Plan must be updated every five years. • In April 2010, the City adopted a resolution to participate in updating the five year Dakota County All Hazard Mitigation Plan. • City staff participated collaboratively with County staff and other communities to update the plan. • On December 29, 2011, the plan updates were approved by the Minnesota Division of Homeland Security and Emergency Management (HSEM), and the Federal Emergency Management Agency (FEMA). • In order for the City to be recognized by HSEM and FEMA as a participant in the Dakota County All Hazard Mitigation Plan, the updated plan must be formally adopted by the City. ATTACHMENTS: Resolution on page OD )q CITY OF EAGAN February 8, 2012 RESOLUTION TO ADOPT THE DAKOTA COUNTY ALL HAZARD MITIGATION PLAN WHEREAS, the County of Dakota coordinated preparation of an initial multi - jurisdiction all- hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, Dakota County and cities within the County participated in drafting the initial plan which was approved and adopted in 2006; and WHEREAS, federal law requires the plan be updated every five years, and WHEREAS, the Act requires public involvement and local coordination among local units of government as part of the planning process; and WHEREAS, the plan must include descriptions of land uses and development trends, risk assessment including past hazards, hazards that threaten the county, maps of hazards, and estimates of structures at risk; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs, in addition to; and a maintenance or implementation process including plan updates, integration of the plan into other planning documents, and public education components; and WHEREAS, approval of the all hazard mitigation plan update will continue the County's and participating community's eligibility to receive federal disaster relief and mitigation program project grants; and WHEREAS, Dakota County and participating communities have one year to adopt the Plan once the Plan is approved by FEMA; and WHEREAS, HSEM and FEMA have approved the Plan pending adoption. WHEREAS, the City of Eagan participated in the planning process to update the plan and developed mitigation strategies that are included in the plan. NOW THEREFORE BE IT RESOLVED, that the City of Eagan hereby adopts the Dakota County All Hazard Mitigation Plan that has been approved pending adoption by HSEM and FEMA and authorizes submittal of the resolution of adoption to Dakota County for submission to HSEM. Adopted on this day of 2012. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Agenda Memo February 8, 2012 City Council Meeting E. Approve revised 2012 budget for Cable Franchise Fees Special Revenue Fund ACTION TO BE CONSIDERED: To approve the revised budget for the 2012 Cable Franchise Fees Special Revenue Funds FACTS: • The 2012 Cable Franchise Fees Fund budget as submitted and approved by the Council at the December 20, 2011 meeting incorrectly showed the 2010 and 2011 budget figures in the 2011 and 2012 columns, respectively. • The December approved (incorrect) and revised (corrected) 2012 budget for expenditures and other financing uses are as follows: December Approved Revised (incorrect) (corrected) Capital equipment, per CIP $111,200 $ 0 Transfer to General Fund — Communications 457,700 463,600 Transfer to E -TV Fund — non -PEG eligible exp. 339,800 327,500 Total $908,700 $791,100 ATTACHMENTS: None c=1 Agenda Information Memo Eagan City Council Meeting February 8, 2012 Consent Agenda ACTION TO BE CONSIDERED: F. APPROVE Resolution establishing a Cable Access Complaint Review Board, naming franchise administrator, and reserving all other Video Franchise Enforcement Powers to the Eagan City Council FACTS: • The City of Eagan has not formally clarified its cable /video franchise enforcement powers and complaint procedures regarding public access programming since the dissolution of the former Burnsville Eagan Telecommunications Commission in 2008. • The Eagan City Council held work sessions twice in 2010 to review governance options for cable franchise matters and the new Eagan Television (E -TV) public access station, but never formally ratified its direction. • In 2010 the Council provided direction for routine matters to be handled by staff, for an ad hoc committee to be established in the event of a programming complaint, and reserved for itself all other franchise enforcement matters including the right to make findings of non - compliance, revoke a franchise, or approve sales or transfers. • The resolution establishes Communications Director Garrison as the franchise administrator for routine matters involving the cable franchise. In his capacity as department head and executive director of E -TV, Mr. Garrison already handles these duties, but this formalizes the matter in advance of expected franchise renewal discussions with Comcast. • This resolution and one action to follow in Item G of Consent creates an ad hoc cable access complaint review panel that would only form and meet as needed in the event that staff were unable to first resolve programming complaints. • While Eagan has not had to deal with a formal programming complaint in more than 25 years, the composition of the three member panel, should it ever be needed, follows the City Council's earlier feedback/direction in all respects except one. • At least one Councilmember had suggested possible involvement on the Review Board by an outside content expert or public access professional in another community. In discussions with other public access entities regarding hypothetical involvement in another community's issues, there has been a reluctance to be involved. Therefore staff simply suggest a panel made up of the City Clerk, the City Administrator or designee, and one citizen appointed by the City Council to hear the complaint, should that ever be necessary. ATTACHMENT: ➢ Resolution establishing complaint review mechanism, naming franchise administrator, and reserving video franchise enforcement powers on page as CITY OF EAGAN RESOLUTION NO. 2012- ESTABLISHING CABLE ACCESS COMPLAINT REVIEW BOARD AS NEEDED, NAMING FRANCHISE ADMINISTRATOR, AND RESERVING ALL OTHER VIDEO FRANCHISE ENFORCEMENT POWERS TO THE EAGAN CITY COUNCIL WHEREAS, in July of 2008 the city councils of Eagan and Burnsville mutually dissolved the former Burnsville Eagan Telecommunications Commission; WHEREAS, Eagan Television (E -TV) became an independent public access community television station in 2009; WHEREAS, in June and September 2010, the Eagan City Council held work sessions to review what new governance structure it wished for its Eagan cable franchise with Comcast, but never formally ratified its direction; WHEREAS, it is appropriate prior to franchise renewal to clarify which powers the City Council reserves to itself and which powers it delegates to a franchise administrator, and which powers, if any, it delegates to any other body; WHEREAS, the Eagan City Council desires a place for cable customers and public access users to be able to make complaint, if those complaints cannot first be resolved by the cable company or staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, names the Eagan Communications Director as its cable franchise administrator to handle all routine matters of franchise administration; BE IT FURTHER RESOLVED that in the event of a programming- related complaint regarding content either shown or refused to be shown on Eagan Television that is not first resolved by either E -TV's studio supervisor or the Director /franchise administrator according to the E -TV's public access rules, that an ad hoc cable access complaint review board should be appointed to hear the complaint and make a determination. The Access Complaint Review Board will only form and meet as needed. Its members will consist of the City Clerk, the City Administrator or designee, and one citizen appointed by the City Council. While the Director and /or studio supervisor may present facts to the Review Board, they shall not vote on the matter under review. The Review Board may also be aided by Eagan's franchise attorney, who likewise also shall not have a vote on the matter. The decision of the Review Board, which shall be in writing, is final unless appeal is made to the courts. The Eagan City Clerk will chair and convene the Review Board at the earliest reasonable opportunity upon receiving notification of an unresolved programming complaint; a3 BE IT FINALLY RESOLVED that the Eagan City Council reserves to itself final decision making authority on all other matters of franchise enforcement and administration, including but not limited to the right to revoke a video franchise, to approve sales or transfers, to initiate lawsuits or make findings of non - compliance. ADOPTED this day of , 2012. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: , 2012 CERTIFICATION I, Christina Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 2012. Christina Scipioni, City Clerk at/ Agenda Information Memo Eagan City Council Meeting February 8, 2012 Consent Agenda ACTION TO BE CONSIDERED: G. APPROVE EAGAN TELEVISION (E -TV) ACCESS AND OPERATIONAL USE POLICIES FACTS: • Since the dissolution of the former Burnsville Eagan Community Television in 2008 and the formation of the new Eagan Television (E -TV) public access community television station in 2009, E -TV has utilized public access policies essentially unchanged, except in name, from the prior facility. • With subsequent experience there is a need to update and restate those policies. • Access policies typically spell out rules and procedures regarding access to facilities and equipment, user responsibilities, the conditions under which public access programming is either accepted or denied, complaint procedures, etc. • Most of the changes are clerical in nature, or reflect the latest technology (video instead of videotape, for instance). • There are two significant revisions to the policies. • A new Section 4 is added regarding use of City Hall and Council Chamber facilities for video recording of non - governmental meetings. • Section 12 establishes the complaint procedures for the Review Board authorized in the prior consent agenda Item F. ATTACHMENT: ➢ A copy of proposed E -TV (public) Access and Operational Use Policies with changes underlined on page ---251 c ery eagan television Access and Operational Use Policies January, 2012* *Subject To Revision SECTION 1: ACCESS TO FACILITIES AND EQUIPMENT. 1.1 Access to Eagan Television (here after referred to as E -TV) facilities and equipment shall be on a first -come, first- served basis, except for exceptions found in these guidelines. 1.2 Access to equipment, studio facilities, training sessions, and cablecasting of programs shall not be withheld, prohibited, or restricted in any way because of race, color, creed, religion, political beliefs, sexual orientation, disability, national origin, marital status, status with regard to public assistance, age or gender. 1.3 Access to E -TV facilities and equipment is intended for residents of Eagan. Non - residents may utilize facilities and equipment if they are working on behalf of area organization(s), upon approval from the E -TV Studio Supervisor Manager. Area organizations include religious organizations, schools, and non - profit organizations. 1.3.1 Proof of residency in the form of a Drivers License, Utility Bill or Cable Bill will be required. 1.4 Access to E -TV facilities and equipment is reserved for the production of programs and videos for airing on an E -TV access channel. Any other use of the equipment or facilities must be approved by either the E -TV Studio Supervisor or Executive Director of E -TV . 1.5 ACCESS TO EQUIPMENT: All equipment users will have to attend an E -TV sponsored training session or apply for a CLASS WAIVER at the discretion of the Studio Supervisor. Users of equipment/facilities will also be required to sign the RESPONSIBILITY FORM for equipment use. 1.6 ACCESS TO CABLECASTING: Program producer(s) must sign a STATEMENT OF COMPLIANCE form for completed programs. The producer(s) are responsible for insuring that all persons appearing in completed programming have signed an E -TV RELEASE FORM (available at www.Eagan- tv.com), and that any applicable copyright permissions have been obtained. Producers may be asked to provide proof of said permissions. 1.7 ACCESS TO TRAINING SESSIONS: Any individual, resident or non - resident may attend an E -TV sponsored training session. A fee may be charged. 1.8 All Producers, crew, guests, audience and any other visitor to the E -TV facilities must also adhere to the policies of our partner Thomson Reuters as outlined in the Eagan Television brochure Available at E -TV or the front desk at the Thomson Reuters Main Entrance at 610 Opperman Drive in Eagan. SECTION 2: USER RESPONSIBILITY 2.1 Liabilities and Indemnification: The producer has total responsibility to know and understand the E -TV policies and procedures. As such, producers assume complete financial and legal liability for their activities during the utilization of E -TV services, equipment and facilities. a7 2 E -TV and the City of Eagan assume no responsibility for producer actions and will be indemnified and held harmless for any claims for damages resulting from producer utilization of E -TV services, equipment and facilities. 2.2 The E -TV user /producer is responsible for ensuring that programming or use of equipment does not result in: 2.2.1 OBSCENE OR INDECENT MATERIAL OR LANGUAGE shall not be cablecast, nor programs that promote illegal acts. 2.2.2 DEFAMATION: Programming containing defamation is prohibited. Defamation shall mean any material in a program and/or presentation that would be deemed defamation slander or libel by local community standards or by standards established by any federal, state, or local regulation or law. 2.2.3 LOTTERY INFORMATION: Neither lotteries nor lottery information will be cablecast. 2.2.4 COPYRIGHTED MATERIALS: The producer of the program shall be held responsible for any disputes arising from unauthorized use of copyrighted materials. 2.2.5 ADVERTISING Unless in connection with sponsored programming accepted and approved by the E -TV Studio Supervisor, no advertising material will be cablecast. The display of commercial logos, products and services shall be avoided whenever and wherever possible. 2.2.6 SELLING OF PROGRAMS: The producer shall be held responsible for reimbursing E -TV for the actual cost(s) for any program or program portion produced with E -TV equipment that is sold or otherwise receives remuneration of a monetary nature. Production costs are the sole determination of E -TV. 2.3 The user is responsible for adhering to booking times and reservations. 2.3.1 Being late for a booking time or reservation may result in the time being booked for another producer that requests the time. 3 such instances may result in a suspension of reservation rights for up to 6 months. 2.3.2 The user is responsible for informing the E -TV staff if equipment or facilities previously booked will not be utilized or if there is a change in the pick -up or return time. Staff reserves the right to re- assign use of facilities or equipment if the user is more than thirty (30) minutes late. 2.3.3 Users utilizing production equipment are under the supervision of the E -TV Studio Supervisor or his designee. 2.3.4 It is the user's responsibility to identify himself/herself to the person(s) being recorded, especially if the subject is not aware of the recording. At no time may an access user identify themselves as an employee or agent of E -TV or the City of Eagan. c:S? 3 2.3.5 The user assumes full responsibility for use of E -TV production equipment when the equipment is signed out for their use, other than normal wear and tear. Should damage occur to the equipment, the user is responsible for informing the E -TV staff as soon as possible, but no later than upon return of the equipment. The Studio Supervisor will review each equipment/facility damage and/or loss and determine the extent that the user is responsible for reimbursement, up to and including full reimbursement for repair and replacement. 2.4 Productions using any E -TV equipment must fully credit E -TV at the end of a program for facilities use and assistance. The credit, "Production Facilities Provided by E -TV Eagan Community Television," should appear on the screen for a time equal to the other production credits and must be on the master and all copies. This credit must be shown at all public screenings. 2.5 The access user is responsible for having read and understood these guidelines. 2.6 Users are required to fill out a Program Production Proposal in writing prior to booking studio, editing or equipment usage. Upon completion of their Program Production Proposal, users will work with E -TV staff to complete a Production Plan and Schedule. Users should address any questions or concerns to the E -TV Studio Supervisor. 2.7 A producer may petition the E -TV Studio Supervisor for a waiver of these rules in order to accommodate productions with special requirements by submitting a request in writing. A decision on the issuing of such a waiver will be made within 3 working days after its submission of the written request. 2.8 A user who appears to be under the influence of alcohol or drugs, or whose conduct endangers the safety of people or facilities, or who engages in any illegal activity while using access equipment or facilities or on E -TV property, will be prohibited from using the access channels and facilities. 2.9 Smoking, drinking and eating is prohibited in the E -TV facilities and around E -TV equipment. 2.10Any misuse, negligence or carelessness with the equipment or facilities may result in suspension of any or all of these rights. 2.11 The content of any video produced is the sole responsibility of the access producer. Further, the producer is the sole owner of the content of the video and said content may not be altered or censored in any way without the permission of the producer. SECTION 3: BOOKING EQUIPMENT AND FACILITIES POLICY 3.1 Prior to reserving facilities or equipment use, individual users and/or groups MUST be trained and certified in an E -TV sponsored training session. The producer of the show must also complete a Program Production Proposal and work with E -TV staff to complete a Production Plan and Schedule °�� 4 3.2 Access facilities and equipment are available to Eagan residents as outlined in Section 1.3 and approved by the Studio Supervisor or staff designee. 3.3 Use of equipment or facilities must result in programming for one of the E -TV channels. 3.3.1 E -TV requires that any program made with E -TV equipment receive its premiere cablecast in the Eagan service area. 3.4 Use of E -TV facilities and equipment by volunteers are for non - commercial uses only. The use of equipment or channel time by volunteers for profit - making or revenue - generating functions is strictly prohibited. If interested in renting E -TV studio space, equipment or hiring E- TV Staff for video production, please contact the Studio Supervisor or Client Services Coordinator for more information. 3.5 If the person requesting equipment or facility use is not eighteen (18) years of age or older, a parent or guardian must sign the appropriate responsibility forms required for the facility and equipment use or check -out. 3.5.1 Parents or guardians of equipment or facility users that are between fourteen (14) years of age and eighteen (18) years of age must sign blanket responsibility forms, allowing the minor to check out equipment, or use equipment in the facility, without being accompanied by an adult. Blanket responsibility forms must be updated by the parent or guardian with each calendar year. 3.5.2 Minors aged thirteen (13) years and under must be accompanied by an adult in all cases, including training seminars. 3.6 Each person or group requesting use of equipment or facilities other than the mobile studio may: 3.6.1 Reserve up to one (1) month in advance. Example: On February 29, bookings will be taken up to March 29. On March 1, bookings will be taken up to April 1. 3.6.2 Reserve up to four (4) hours of studio production time per week. For live studio programming, please refer to Section 5.4 for reserving the studio. 3.6.3 Reserve up to four (4) hours of editing time per week per editing facility. 3.6.4 Reserve up to one (1) twenty -four (24) hour block for portable check -out per week. Saturday to Monday time periods and time periods that include holidays will be counted as one (1) booking. 3.6.5 Not reserve more than one weekend checkout per month without permission of the E- TV studio Supervisor. 3.7 Time in excess of the above may be obtained on a day -to -day basis or case by case basis from the E -TV Studio Supervisor. 5 3.8 Failure to return equipment on or before the return time on your check out form will result in a $5 per hour charge. 3 instances of late returns may result in a suspension of check out privileges. 3.9 In the case of portable equipment, policy 2.3.2 still applies. Please call E -TV early to check on the possibility of extending your time so as to allow enough time to return the equipment in case other bookings have been made. 3.10 One portable camera system is allowed per person or group per check -out. 3.11 Consecutive, back to back bookings by members of the same group (group being defined as people working on the same production defined in a Program Production Proposal) will not be accepted. SECTION 4: USE OF CITY HALL AND COUNCIL CHAMBER FACILITIES FOR VIDEO RECORDING 4.1 Consistent with the City Council's Room Reservations User Guidelines, the Council Chambers (or Eagan Room if Council Chambers are unavailable) may be reserved without charge for Minnesota Legislative subcommittee or similar local governing bodies; Dakota County Regional Chamber of Commerce events such as the Mayor's State of the City Address. or candidate forums held by the League of Women Voters or other non - profit groups for the purpose of video recording the event. 4.2 At the direction of the City Administrator, E -TV staff may video record such meetings at no charge, so long as, in the case of candidate forums or debates, two conditions are met: 4.2.1 The sponsoring organization certifies that all candidates who have filed for the office that is the subject of the forum received an invitation to attend, and any write -in, candidate who has requested in writing of the sponsoring organization to participate in the forum is allowed to do so. 4.2.2 Forum organizers must agree to allow the video of the candidate debate to be shown on Eagan's Public Access stations and Web streamed. 4.2.3 Nothing in the above two conditions prohibits an attendee from making their own audio or video recording of an event as long as it is done in an unobtrusive way and with notice to the participants. 4.3 As a public service, the City of Eagan may. at its discretion, webstream candidate forums, Minnesota Legislative hearings, Chamber events, etc. held in the Eagan City Council Chambers or city facilities containing video recording capability. 4.4 Any variation from these guidelines is at the discretion of the City Administrator. SECTION 5: REMOTE EVENT COVERAGE - 3r 6 5.1 It is recognized by E -TV that community event coverage must be balanced between entities in the community, and that E -TV exists not only because of volunteer involvement but because of viewer support. 5.1.1 To this end, E -TV will generate a community event production schedule on a periodic basis that identifies events for which coverage is a high priority and identifies and reserves the appropriate equipment. 5.1.2 E -TV will work with volunteer producers to fill crew positions on priority events. 5.1.3 The needs of City events and designated high priority community events the . - . ... - .. - on the E -TV production schedule will supersede any other guidelines found in the E -TV Operational Use Policies. 5.2 Following the completion of the priority production schedule for a given period of time, booking requests for the mobile studio will then be taken accepted from volunteer producers for that same given period of time. 5.3 The producer of the community television event will be considered the person responsible for the planning, execution and completion of the production. 5.3.1 The producer and crew must be certified in Mobile Studio Production System. 5.3.2 The producer is responsible for assembling a set -up crew certified in Mobile Studio Production. Certain crew positions such as announcers, cg operators, etc., may not need to be certified at the discretion of the E -TV Studio Supervisor or his designee. 5.3.3 The producer may be required to supply a completed Remote Production Proposal as deemed necessary by the E -TV Studio Supervisor, or his designee, because of special production requirements or because of staff non - familiarity with the producer or crew. 5.3.4 A Crew List and Premises Release Form must be submitted one (1) week prior to the production, unless the gathering of this information has been arranged by a staff member. 5.4 All volunteer remote event productions, crews and equipment are subject to the approval of the E -TV Studio Supervisor. Event production requests may not be granted, or may be cancelled based on factors such as location, staffing, equipment considerations, weather and safety issues. SECTION 6: CABLECASTING E -TV FACILITATED AND /OR IMPORTED PROGRAMMING 6.1 Completion and submission of a Statement of Compliance form will constitute a formal request for cablecast time. A Statement of Compliance form is required for any video to be cablecast, whether locally produced, dropped off, or mailed to E -TV. 6.1.1 Programs submitted for playback that are not facilitated or produced by an E -TV producer must be sponsored by a resident of the Eagan cable service territory. The resident sponsoring the 3� 7 program must sign the Statement of Compliance, and that sponsor acts as the party of responsibility and of record in the franchise territory for that program. 6.2 The person signing the Statement of Compliance will be considered responsible for the content of the program. 6.2.1 The Statement of Compliance must include the responsible party's full name and legal street address. P.O. boxes are not acceptable. 6.2.2Proof of residency in the form of a Drivers License, Utility Bill or Cable Bill will be required. 6.2.2 Blanket Statement of Compliance is acceptable for series programs. The responsible party will be required to fill out a new Statement of Compliance for each series program for every 3 months. 6.3 Programming will be scheduled at the discretion of the E -TV Studio Supervisor. 6.3.1 No standard or regular cablecasting time slots are promised or guaranteed available. 6.4 A live programming slot/time may be requested for up to 6 consecutive week increments and scheduled with the approval of the E -TV Studio Supervisor. This includes the use of the production studio. 6.5 It will be assumed that any video mailed to E -TV for playback without a SASE(Stamped Self Addressed Envelope) for return mail becomes the property of E -TV after thirty (30) days. 6.6 It will be assumed that any video dropped off at E -TV for playback and not picked up within thirty (30) days will become property of E -TV. 6.7 All programs must be accurately timed and labeled. 6.8 Upon determination by the E -TV Studio Supervisor that a program contains material for a mature audience, and/or unsuitable for children, the program will be scheduled in time slots no earlier than 11:00 p.m. 6.9 The E -TV Studio Supervisor or his designee reserves the right to suspend or cancel the cablecasting of any program that either contains poor technical quality and/or due to the physical conditions of the video. 6.10 The scheduling of E -TV Access programming is up to the E -TV Studio Supervisor or his /her designee. 6.11A11 submitted programming that is accepted by E -TV will be guaranteed one cablecast, but may be selected for multiple airings at the discretion of the E -TV Supervisor or his staff designee. 2 8 SECTION 7: LIBRARY AND DATA STORAGE PROCEDURES 7.1 All tapes, discs or files owned by E -TV must be stored in the E -TV library. 7.1.1 Edited or unedited tapes may be checked out by the producer for a twenty -four (24) hour period, or from Saturday to Monday. 7.2 Edited and/or unedited video tapes or footage will be held in the tape library for sixty (60) days from the day they are entered in the tape library and or data storage. 7.2.1 Access producers may request that their unedited tapes or video footage be retained for another sixty (60) day period if their project cannot be finished in the sixty day time frame. 7.2.2 The producer of any completed program made at E -TV may book up to the equivalent of time of their completed production to dub one (1) free copy of their production. Additional dubs may be purchased at the fees in effect on E -TV's rate card. 7.3 E -TV will not be responsible for any lost footage, tapes or projects resulting from equipment failure or any other unforeseen circumstance. SECTION 8: PROPS AND SETS 8.1 Storage of props, sets, backdrops, costumes, etc is not available at the E -TV facilities. 8.2 Users may arrange to bring in props, sets, backdrops, costumes, etc. on a limited basis upon the approval of the E -TV Studio Supervisor. 8.3 Users will be required to remove any props, sets, backdrops, costumes, etc. upon completion of that day's shooting. 8.4 Any outside props, sets, costumes, etc., will not be the responsibility of E -TV should damage or loss occur. SECTION 9: SPONSORSHIP AND PROMOTION Producers of public access programs through E -TV have the right to solicit sponsorships under these guidelines: 9.1 "Sponsorship" is defined as goods, services, or grants in aid of a production provided to a program producer by a third party, not to include salary, pay, per -diem, or any form of profit paid to the producer(s) or crew. 9.2 An acknowledgement of sponsorship may be made, but any acknowledgement of sponsorship shall be made only in the following manners: character generation, display of logo, and/or spoken audio at the beginning and /or end of the program in the same style as the other 9 program credits. The two production methods in which sponsorship may be displayed must follow one and/or the other of these two formats: 9.2.1 Special thanks to (name of sponsor) for (goods, services, or support provided), and/or, 9.2.2 This program made possible (in part) by a grant from (name of sponsor). 9.3 No price, product or service description may be included in the sponsorship credit. 9.4 Individual sponsorship messages shall be no longer than 15 seconds. 9.5 Sponsorship messages must be reviewed by the E -TV Studio Supervisor to ensure compliance with E -TV sponsorship rules and the 2009 supplement to sponsorship rules before they are cablecast. 9.6 A maximum of 60 seconds of sponsor acknowledgements will be allowed before or after a single program, along with placement during "natural breaks" in programs. 9.7 E -TV will serve as a financial depository for the collection and release of funds for individual producers. Producers obtaining sponsorship funding for programming are required to use the funds within one calendar year. At the end of one calendar year, the funds revert to E- TV and will be considered as E -TV revenue. 9.8 Producers must also submit an E -TV Access Sponsorship Application prior to the airing of any sponsorship message to ensure the sponsorship rules have been met. 9.9 Additional sponsorship rules and regulations are contained in the E -TV Access Sponsorship Rules Supplement. SECTION 10: REQUESTING CHANNEL SPACE FOR CHARACTER GENERATED MESSAGES 10.1 Message space is available to the general public on the Community Bulletin Board. 10.1.1 All rules and guidelines that apply to E -TV programming content and restrictions also apply to CG messages. 10.1.2 Messages may be submitted up to one (1) month in advance of the event being promoted/advertised, but not less than one (1) week in advance of the event being promoted. 10.1.3 No permanent character generated message pages are available; all message page locations and durations are at the discretion of the E -TV Studio Supervisor. 10 10.1.4 All messages must be submitted to the E -TV website or on the E -TV Community Bulletin Board Form. 10.1.5 E -TV reserves the right to edit message content for clarity, length or appropriateness. 10.2 City Government Channel 16, and Educational Channels, 14, 18 and 19 are reserved for messages from those respective institutions in the community. SECTION 11: REGULATION OF POLICIES 11.1 E -TV reserves the right to waive any self - imposed regulation when such waiver is judged to be in the public interest. 11.2 All users of E -TV's facilities should be aware that they may be held accountable for their actions by the same laws that govern any public activity. 11.3 Any person seeking relief against E -TV relating to any programming on E -TV shall be limited to injunctive relief and declaratory relief. See 47 U.S.C. § 555a(a); Coplin v. Fairfield Public Access Television Committee, 111 F.3d 1395 (8 Cir. 1997). SECTION 12: SUSPENSION OF PRIVILEGES AND APPEALS PROCESS 12.1 Unless otherwise stipulated in these guidelines, two (2) violations of the above guidelines will result in a loss of all access privileges for up to one (1) year. A single violation of a more serious nature, in the sole discretion and determination of the E -TV Studio Supervisor, may result in immediate suspension of all privileges for up to six (6) months. Failure to deal with the E -TV access staff in a straight - forward, truthful, and courteous manner will also be considered a violation of the above guidelines. 12.2 Should anyone, including producer, users and the viewing public, dispute any action taken by E -TV and its staff, and/or their interpretation of the E -TV policies, and/or request the censorship of a public access program(s), the following process shall be followed: 12.2.1 Request a meeting with the E -TV Studio Supervisor to discuss the issue(s). 12.2.2 If still unresolved, the matter may be appealed to the Eagan Director of Communications in his /her role as Executive Director of E -TV and franchise administrator for determination. 12.2.3 The Director's decision may be appealed to a Cable Access Complaint Review Board as established by the City of Eagan. Complainants must notify the Eagan City Clerk in writing of the subject and specific nature of their complaint, supplying any pertinent facts that would merit reversal of the previous staff decision(s). �� 11 12.2.4 Once appointed, the Cable Access Complaint Review Board will, within a reasonable time, hear any complaint and afford the Director and /or Studio Supervisor the opportunity to explain the basis for the earlier ruling(s). The Review Board may additionally question or fact Lind among all parties. Any final decision by the board will be in writing. 12.2.5 The Review Board may be aided in its work by Eagan's franchise attorney, but neither the attorney, nor Studio Supervisor, nor Executive Director of E -TV may vote on the appeal. 12.2.6 The decision of the Review board is final, unless appeal is made to the courts. 12 Agenda Memo February 8 City Council Meeting H. APPROVE the submission of an application for a 2012 -2014 Department of Natural Resources (DNR) Community Forest Bonding Grant and authorization for the Director of Parks and Recreation to execute related documents ACTION TO BE CONSIDERED: Approve the submission of an application for a 2012 -2014 DNR Community Forest Bonding Grant to fund the planting of more diverse species of trees on City properties and authorize the Director of Parks and Recreation to execute documents related to the submission and potential acceptance. FACTS: • One of the primary goals of the grant is to fund the planting of native species that will promote a more diverse and resilient community forest, less susceptible to disease and infestation. • Staff have identified a number of City park and parkway locations that have large, poor quality Ash trees, or trees that have been damaged, that are best removed and replaced • A local match is not required though it would be beneficial to the application; the • removal of existing trees will be completed by staff as an "in- kind" match • The maximum grant is $25,000, the exact amount of the awards will be determined by the number and quality of the applications and the availability of the suggested species. This would allow for the contractual planting of approximately 100 @ 2" trees • If successful in obtaining the grant, the project would be completed by the fall of 2012. • The project represents the continuation of recent City efforts to minimize the potential threat posed by EAB and other tree pests and diseases ATTACHMENTS: None 38 Agenda Memo February 8 City Council Meeting I. AUTHORIZE staff to initiate the process of amending City Ordinance Chapter 11, Section 10.20 as relates to "Shade Tree Disease Control and Prevention ". ACTION TO BE CONSIDERED: Authorize staff to initiate the process of amending City Ordinance Chapter 11, Section 10.20 as relates to "Shade Tree Disease Control and Prevention" so as to address the management of tree "infestations" as well as "infections" on public and private property within the City. FACTS: • Currently, City Ordinances do not address the management of tree "infestations" caused by recognized tree pests including the Emerald Ash Borer (EAB), among others. The pest causes physical damage and decline in the tree. • The diseases addressed in the Ordinance, such as Oak Wilt and Dutch Elm, are caused by "infections" spread by insects, not the insect themselves • The successful control, containment and mitigation of infestations is reliant upon a City wide effort that includes both public and private properties similar to that utilized for tree diseases • The City currently has a management strategy for infestations including EAB that applies to public properties. • The Minnesota Department of Agriculture (MDA) is recommending that individual Cities consider adopting control and management strategies that included both public and private properties, especially as relates to EAB. • Several Cities have adopted ordinances consistent with a preliminary model developed by the MDA ATTACHMENTS: None 3q Agenda Information Memo February 8, 2012 Eagan City Council Meeting J. APPROVE RESOLUTION DECLARING OFFICIAL REIMBURSEMENT INTENT -- FIRE APPARATUS -- SNOZZLE ACTION TO BE CONSIDERED: To approve a resolution declaring official reimbursement intent — Fire Apparatus -- Snozzle. FACTS: • The City Council has authorized the expenditure of public funds for the purpose of purchasing a replacement fire engine. • The new apparatus (Pierce Aerial Snozzle Pumper) is replacing a 1988 Fire Engine. • The City is prepaying for the new apparatus to maximize interest earnings and early payment discounts at a net cost of $550,274.45. • It is expected that the City will sell Equipment Certificates in the spring of 2012 to provide financing for this purchase as provided for in Minnesota Statutes. The certificates will be sold as tax exempt securities. • Federal IRS regulations require approval of a resolution declaring the intent to issue tax exempt debt on a reimbursement basis for expenditures that have already been made. ATTACHMENTS: • Enclosed on page 41 is a copy of the resolution declaring official reimbursement intent. qe CITY OF EAGAN RESOLUTION A RESOLUTION DECLARING OFFICIAL REIMBURSEMENT INTENT WHEREAS, the Eagan City Council has approved the expenditure of public funds for the purpose of purchasing a replacement fire engine which will subsequently be funded through the sale of Equipment Certificates as provided for by Minnesota Statutes Section 412.301; and WHEREAS, it is reasonably expected that, prior to the issuance of the Equipment Certificates, the reasonably expected source of funds to be used to pay the expenditures is the Fire Apparatus Revolving Fund; and WHEREAS, the City presently intends to reimburse the above described expenditures with the proceeds of tax exempt Equipment Certificates to be issued pursuant to Minnesota Statutes, Chapter 412.301. It is reasonably expected that the source of funds to be used to pay debt service on the reimbursement bonds is taxes; and WHEREAS, this declaration is made pursuant to the applicable IRS regulation which is under Treasury Regulations Section 1.150 -2. NOW, THEREFORE, BE IT RESOLVED the City Council of Eagan declares its present intent to reimburse the expenditures for certain Fire Apparatus with the proceeds of tax exempt Equipment Certificates. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: February 8, 2012 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 8th day of February, 2012. Christina M. Scipioni, Clerk 14 l Agenda Information Memo February 8, 2012, Eagan City Council Meeting K. APPROVE EXEMPT PERMIT FOR EAGAN RESOURCE CENTER TO HOLD A RAFFLE ON MARCH 22, 2012 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Eagan Resource Center to conduct a raffle on March 22, 2012 at Mount Calvary Church, 3930 Rahn Road. FACTS: ➢ The Eagan Resource Center has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page 43 . (The application is available from the Office of the City Clerk.) RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN RESOURCE CENTER WHERAS, the Eagan Resource Center has applied for an Exempt Permit to conduct a raffle on March 22, 2012; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan Resource Center to conduct a raffle on March 22, 2012 at 3930 Rahn Road. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in favor: Those against: Date: February 8, 2012 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 8th day of February, 2012. City Clerk 43 Agenda Information Memo February 8, 2012, Eagan City Council Meeting L. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR P & C TREE SERVICE. ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for P & C Tree Service, 15811 Lincoln St NE, Ham Lake, MN 55304 FACTS: ➢ Chris Daniels, owner of P & C Tree Service, has applied for a Tree Maintenance Contractor License for 2012. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) la Agenda Information Memo February 8, 2012, Eagan City Council Meeting M. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR LAWRENCE TREE & STUMP SERVICES, INC. ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for Lawrence Tree & Stump Services, Inc., 17082 Georgetown Way, Rosemount, MN 55068 FACTS: > Michael Lawrence, owner of Lawrence Tree & Stump Services, Inc., has applied for a Tree Maintenance Contractor License for 2012. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) 4/6_, Agenda Information Memo February 8, 2012, Eagan City Council Meeting N. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR TREE TECHS. ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for Tree Techs, 13892 Fawnridge Way, Apple Valley, MN 55124 FACTS: ➢ Randy Lother, owner of Tree Techs, has applied for a Tree Maintenance Contractor License for 2012. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) Agenda Information Memo February 8, 2012, Eagan City Council Meeting O. APPROVE OFF -SALE LIQUOR LICENSE FOR DRINKS LIQUOR, INC. DBA DRINKS LIQUOR, 3090 COURTHOUSE LANE ACTION TO BE CONSIDERED: To approve the Off -Sale Liquor License for Drinks Liquor, Inc., doing business as Drinks Liquor, located at 3090 Courthouse Lane. FACTS: D Matthew John Stanton, sole officer of Drinks Liquor, Inc. has applied for an Off -Sale Liquor License. D Drinks Liquor, Inc. is purchasing the existing Comers Liquors, which currently has an Off- Sale Liquor License. D All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) • 47 Agenda Information Memo February 8, 2012, Eagan City Council Meeting P. APPROVE CONDITIONAL 90 -DAY ON -SALE LIQUOR LICENSE EXTENSION FOR CEDARVALE BOWL, INC. DBA CEDARVALE LANES/FITZ'S BAR & GRILL; LATT, INC. DBA VALLEY LOUNGE; AND COOPER'S RESTAURANT INC. DBA COOPER'S RESTAURANT ACTION TO BE CONSIDERED: To approve a 90 -day extension of the Conditional 90-Day On -Sale Liquor Licenses for Cedarvale Bowl, Inc. DBA Cedarvale Lanes /Fitz's Bar & Grill; Latt, Inc. DBA Valley Lounge; and Cooper's Restaurant Inc. DBA Cooper's Restaurant. FACTS: ➢ In December 2011, the City Council conditionally renewed for 90 days the on -sale liquor licenses for Cedarvale Lanes/Fitz's Bar & Grill, the Valley Lounge, and Coopers' Restaurant. The conditional renewal expires on March 30, 2012. ➢ The proposed action would extend the conditional renewal for an additional 90 days to June 28, 2012. This will allow the establishments to continue to serve alcohol, subject to all other Code and Statute requirements, pending the Council's review of the City's liquor license requirements (anticipated in March 2012). ATTACHMENTS (0): (The complete applications are available from the Office of the City Clerk.) Consent Agenda Information Memo February 8, 2012 Eagan City Council Q. FINAL SUBDIVISION (OAKBROOKE 8 ADDITION) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Oakbrooke 8 Addition) of 1.6 acres to create three single family lots for property located at 1565 Johnny Cake Alcove. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: ➢ The Preliminary Subdivision was approved February 15, 2011. ➢ All documents and Agreements for the Final Subdivision are anticipated to be received and in order for execution at the regular meeting of the City Council. 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P , • 4' ' •I'' / ':' \ , \ \ ,,,\ , , \ r 1, 4 /1 1 ; I IIR .._.. \ ,, \ ■ ,, - ...,„„ I I 1 1 I JP / If ...., It A Al i ii 1 ,.' !li , c k 8 ' ' - / o \ \ 'I ‘ g t I y .1 # i .., 11 1 . \ \ 1 , • ::: 1 / i t il l ! I ) /11 1 t 1 41 , ' \ I , ‘■ \ \ \ \ 1 1 .1 —1 X) r . ri M q 0 ! ei 1 ■ (_) I 1 . 1 3 1 ,L 1. / Ca •:; ' .', ■ \ \'' "--;- 1." . • trl • i' / / — 5 / t I i i ,,, xt V ,' ___-- . rn il , ,;. rii 1,‘ / •-•- - 1i - ..," L.... 1 i t' .:) a , c-... I , ,' I , I I 1 , ' I 1 1' , P., 1 4 41 1 1 ,-. , . . / - , ,,,, i ... - , ( . * -'-.1 ' r — — 1 F / \ I I i cl 1 '11 f k° d ih i X E '',i.,, • N 1 '4. ,-,t... 1 p I i'..% 1, 1 1 1 ---- • ..;;,. N I --- — - 1!;: 4 1 ....,.. il;i R 4 % NORM L kr 1 ' 1 a 51 Consent Agenda Information Memo February 8, 2012 Eagan City Council Meeting R. PROPERTY MAINTENANCE SERVICES FOR 2012 — CITY OF EAGAN ACTION TO BE CONSIDERED: To APPROVE the pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. FACTS: ➢ In keeping with the Eagan City Policy for Engaging Professional Consulting Services, contractors have been solicited to submit bids for 2012 services. These are being presented to the City Council for their consideration of approving contractors for such services. ➢ The City of Eagan has a history of hiring lawn maintenance contractors to cut long grass and weeds on properties where, after notification, the owner has failed to become compliant with City Code requirements. ➢ Ordinance Amendment No. 433 adopted November 6, 2008 amended City Code Sec. 10.01 regarding storage, deposit and disposal of refuse, and allows the City to abate public health and safety nuisances by disposing of refuse abandoned on a property. ➢ City Code Sec. 10.51 allows the City to abate nuisances by disposing of junk furniture, household furnishings and appliances abandoned outdoors on property. ➢ Property owners of record are billed for the services provided and costs are assessed against the property if the bills are unpaid. ATTACHMENTS: (1) Listing of Consultant Service Pool on pageS3. 5a 2012 Consultant Service Pool — Code Enforcement Contractor List All contractors are required to carry workers compensation coverage. The contractors are required to provide Certificates of Insurance evidencing liability insurance naming the City as an additional insured party. Prices do not include sales tax. 1- 800 -Got Junk ?, Minneapolis MN Minimum Charge $119.00 Belfour Property Restoration, Savage MN General Labor $37.57 per hour CC Maintenance, Lakeville MN General Labor $45.00 per hour Dakota Lawn Care, Apple Valley MN General Labor $37.50 per hour Kaufman Enterprises Inc., Eagan MN General Labor $52.00 per hour Palisade Construction, Eagan MN General Labor $39.00 per hour Rough Cutt, Rosemount MN General Labor $65.00 per hour Top of the Line Landscape, So. St. Paul MN General Labor $67.50 per hour Tough Cut Services LLC, Bloomington MN General Labor $40.00 per hour 53 Agenda Information Memo February S, 2012 Eagan City Council IV. CONSENT AGENDA S. STREET NAME CHANGE CITY OF EAGAN ACTION TO BE CONSIDERED: To adopt a Resolution to change the name of Buffet Way, to Corporate Center Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ In 1999, Buffet Inc. completed its headquarters facility in Eagan as part of a larger planned complex of facilities for the business operations. At that time, the City street serving the complex was named Buffet Way and the building was addressed as 1460 Buffet Way. ➢ The full Buffet, Inc. complex did not materialize and, following a downsizing if its operation, Buffet Inc. completed a move to its current Discovery Road location, vacating the 1460 Buffet Way facility. ➢ The 1460 Buffet Way building has since been acquired by another entity and will be leased to Prime Therapeutics for its expanded operations in Eagan. Prime Therapeutics has requested an address change for the building, removing the Buffet Way reference. ➢ To be most accurate, the building should be addressed as 2655 Eagan Woods Drive and City staff is suggesting that the name Buffet Way be changed to Corporate Center Drive to align with the existing leg of the street east of Pilot Knob Road. ➢ No other properties have an address of Buffet Way. ➢ The street name change will entail costs of approximately $5000.00 for the replacement of mast arm street signs on Pilot Knob Road. Staff is suggesting that the City absorbs this cost because the name change was an issue the City would have needed to address at some time. ATTACHMENTS: (2) Location map, pageG Resolution, page S � Location Map Lam .. a l . . P ie .,.. •, o,me Rd . I , ' i IWAIIHIPSIB — Map Area Extent Subject Site s. 1 At F Corporate Center Drive ty -- EN aasaay a 3 i orate Center Curve 1111 :to. iAktiiiiiii; .n, . Avalon Avenue �ae� Q 7 44t , • k _ • :. t -4. ti s HighviewL '4 ' � s z .. . M i go , tit , " . r . 4 ILA I Feet 0 150 300 600 Street Name Change of Buffet Way Legend _ Parcels L\ Parks N Lakes 441! City of Eaaaii S City of Eagan Street Name Change RESOLUTION Whereas, on this 8 th day of February, 2012, the Final Plat of Eagan Woods Office Park 2 nd Addition was approved by the City Council: and, Whereas, this Plat was recorded at the Dakota County Recorder's Office, Hastings, Minnesota, on this 27 day of July, 1999. WHEREAS, NOW, THEREFORE, BY IT HEREBY RESOLVED that the Buffet Way has been changed to Corporate Center Drive. City of Eagan By: Mike Maguire Mayor Attest: Christina M. Scipioni City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M. Scipioni, City Clerk of the City, Dakota County, Minnesota, do hereby certify that the forgoing Resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled on this 8 th day of February, 2012. Christina M. Scipioni, City Clerk Agenda Information Memo February 8, 2012 Eagan City Council Meeting T. CONTRACT 09 -18, DUCKWOOD DRIVE OVERPASS BRIDGE & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract 09 -18 (Duckwood Drive Overpass — Bridge & Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09 -18 provides for the extension of Duckwood Drive, connecting Federal Drive with Pilot Knob Road, over I -35E as a new grade separated crossing (overpass). Contract 09 -18 also includes reconfiguration of the existing intersection of Pilot Knob Road and Duckwood Drive, including the traffic signal, modification to the right -turn lane for the northbound I -35E ramp from Pilot Knob Road, and bituminous trails on both sides of Duckwood Drive. • On April 5, 2011, the City Council awarded the bid for Contract 09 -18 for the bridge, street and associated improvements to Lunda Construction, Inc. • Change Order No. 4 provides for the following items: o Revise size of hand holes for City fiber optic conduits. The plans indicated standard size vaults or hand holes for the City's fiber optic system. Larger size vaults were requested to provide maximum flexibility for future uses. The eight larger size hand holes would provide greater flexibility for the City than the standard size vaults (ADD $677.60). o Pay premium or overtime wages for iron workers to expedite bridge construction schedule. While the state shutdown lasted three weeks, the impacts contributed to a loss of seven weeks of the bridge construction schedule. The impacts to the contractor on this project were multiplied by the impacts to their other bridge projects within the state that were also affected by the shutdown. The scheduling of specialty crews became critical to the completion of the bridge by winter. An opportunity was presented to have one of the specialty crews (iron workers) complete their tasks on a Saturday that allowed the remaining specialty crews to fulfill their work during normal working hours. The timely scheduling of the specialty crews enabled the bridge to be open to traffic on schedule (ADD $2,288.00). o Provide additional bituminous patching at driveways. The placement of conduit for future irrigation system crossings at the Royal Oaks Apartments' relocated driveways and modifications to the median at the Fairview Clinic driveway for winter maintenance purposes require additional patches prior to the placement of the final street surface. The patching would enhance the long term driveway and street condition at both locations (ADD $559.63). o Additional electrical work. The relocation of the driveways at the Royal Oaks Apartments impacted their outdoor lighting. The County provided controller for the new traffic signal requires rewiring for the specified components of the signal. The additional electrical work, as well as the utility connection charge, is required to complete all impacted components (ADD $2,194.49). o Add temporary directional signage. Two temporary directional signs were requested to address accessibility impacted by the construction activity. An advance "Sidewalk Closed" sign on Pilot Knob Road and a directional sign due to the temporarily closed Eagan Auto Mall driveway are needed to properly guide the public through the construction zone (ADD $443.75). o Replace street light base on I -35E. Grading revisions within the I -35E right -of -way impacted an existing street light. The existing light base is in such poor condition that it is not reusable as was planned (ADD $1,501.82). o Revise street and utility improvements. Revisions to the project design are needed to address the following: Conflict between existing water main and regraded pond; Additional pavement removal on Pilot Knob Road at request of County; Exposure of City fiber optic line to verify need for lowering; Removal of additional curb and gutter and regrading of aggregate base to better accommodate intersection grades; Additional boulevard grading to avoid need for retaining wall (Holiday); Removal of top section of manhole to match finished boulevard grade. The additional work is required to complete the project, as well as reduce the cost of long term maintenance. The consultant will contribute $0000 (ADD $9,040.08). o Revise street and utility improvements. Revisions to the project design are needed to address the following: Existing bituminous thickness on I -35E exit ramp is greater than anticipated requiring additional bituminous removal; Removal of irrigation system conduit at the Royal Oaks Apartments' relocated driveways requires replacement; Additional boulevard grading and tree removal to avoid need for retaining wall (Auto Mall) (ADD $3,924.25). o Revise the contract completion date. The state shutdown contributed to a loss of seven weeks of the bridge construction schedule. While the loss in time did not prevent the bridge from being open to traffic on schedule, it did remove the opportunity to paint the bridge prior to winter due to low temperatures. Associated delays will require placement of I -35E signage and conduit installation in the spring. It would be appropriate to extend the contract completion date to June 30, 2012, to allow for adequate time to complete the bridge (No Cost). • The change order provides for a total ADD of $20,629.62 (0.45% of original contract). The cost of the additional work will be the responsibility of the consultant ($1,430.00) and the City's Major Street Fund ($19,199.62). • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo February 8, 2012 Eagan City Council Meeting U. CONTRACT 12 -04, I -35E NOISE WALL ACTION TO BE CONSIDERED: Approve the final payment for Contract 12 -04 (I -35E Noise Wall) in the amount of $55,229.55 to the Minnesota Department of Transportation (MnDOT), and accept the improvements for perpetual City maintenance subject to Cooperative Construction Agreement No. 99780. FACTS: • Contract 12 -04 provides for the construction of a noise wall adjacent to the west side of Interstate 35E north of Diffley Road as authorized by the City Council under City Project 1019. The project includes 1447 linear feet of noise wall approximately 14 feet high, as well as erosion control improvements, near the south bound exit ramp to Diffley Road. • Financing of the construction of the noise wall will be shared between MnDOT (90 %) and the City (10 %) in accordance with Cooperative Construction Agreement No. 99780. The Major Street Fund will finance the final cost to the City of $55,229.55. • The agreement between the City of Eagan and MnDOT provides for the noise wall to be constructed, owned and maintained by MnDOT with maintenance for aesthetics purposes only on the non - highway side of the noise wall being the responsibility of the City. • In accordance with the agreement, MnDOT has awarded a contract for the construction of the noise wall and associated improvements to Rosti Construction Company of Minnesota, Inc. in the amount of $552,295.50. Construction of the improvements is tentatively scheduled for Spring of 2012. • The Agreement has been reviewed by the Public Works Department and found to be similar to other interagency agreements and in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 5 q Agenda Information Memo February 8, 2012 Eagan City Council Meeting V. PROJECT 12 -05, CITY -WIDE SANITARY SEWER IMPROVEMENTS I & I MITIGATION ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract No. 12 -05 (Inflow & Infiltration Mitigation - City -Wide Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Friday, March 2, 2012. FACTS: • Contract No. 12 -05 provides for the raising of manhole structures above high water elevations and installing water tight seals on other manholes in low lying areas around lakes, ponds, wetlands and in highway ditches (121 total). The City has made improvements to the sanitary sewer system over the past five years to mitigate the effects of inflow and infiltration. • On March 15, 2011, the City Council approved an agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program. The agreement qualified Eagan for approximately $180,357.94 of matching funds for capital improvements to the public sanitary sewer system to reduce the amount of inflow and infiltration to the metropolitan sewer (MCES) disposal system. The identified improvements must be completed by Sept. 30, 2012. • The proposed inflow and infiltration mitigation improvements are in accordance with the agreement for the grant program. The City is responsible to complete all of the referenced work and submit proof of completion for reimbursement from MCES. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page lQ / . 100 Path. 5\AE1E\ Eagan \1080354` dsgn153design b \GISN1H Reflab\Maps \Eagan maps \TD_Tille_Drawirg mxd /MP 2I1/2012 - ilrlIP 10.27 17AM — ' 0 n t 8 c4 1 a ° . a �� 0-, —1 a C • N �, k n i.1 n _t -.._,L, A ,- 0 m m � n w ti- \ O 0 B 4 ' a Ash I CD \ yi } _ :0 e� o ere z 2 cn m 0 r CO 0 rn �o m z = D n GO n n n n n n N o n$ m° 8 U S g n° N c2 0 0 m m v m m s o v A A A A A A A A A A A A A i A A A A 2 D D D D D D D D D D D D D D D D D D D Z m m N — A A A A A A A A A A .m A y' m o o o A A O o 0 .1: o ( o 1 O ss�� X 0 �11 0 1'2 o O p m n n n n n D D D S D D D D D D D D D i y D y y D y D 0 y y D y D D yy yy yy yy yy yy yy yy yy s� O Z 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 r-Ii > G) 2 Z Z 2 2 2 Z 2 Z Z Z 2 2 Z Z Z Z Z Z n W S S S S 3 3: S ;; S 3 3 y D Z K D D D D D D m D D D D D D D D D m D D D D n Z 9 9 9 9 9 9 9 9 C A Z 11 S: >>>>»»>>»>).>>>>>>>). 0 9 A m A A A A A A A A A A A m A A A m A p D D D D D D D D D D D D D D D D D D D A m m z• m a m v o m v m m a w v;O. O D z I rn (0 , PRIORITIZED MANHOLE �� ��• MHO DESIGNED SCALE o. REHABILITATION PHASE I r... 141 . Van N.' i /7 =, rc.o_ " trzzao+z l � �.....,. r E 57t, a KVN aE ..08035 TITLE DRAWING AGK �, azn o. lavzmz ` n. AGK Agenda Information Memo February 8, 2012 Eagan City Council Meeting W. CONTRACT 12 -06, WATER QUALITY /STORM SEWER IMPROVEMENTS 2012 POND SEDIMENT REMOVAL ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract No. 12 -06 (2012 Water Quality /Storm Sewer Improvements — Outlet Modifications & Pond Sediment Removal) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, March 2, 2012. FACTS: • Contract No. 12 -05 provides for outlet structure alterations and the removal of sediment collected in storm water ponds connected to the City's storm sewer system for water quality benefits, as programmed for 2012 in the City's 5 -Year Capital Improvement Program (CIP) (2012- 2016). • In accordance with the City's Municipal Separate Storm Sewer System (MS4) permit, the removal of sediment from selected storm water ponds or sediment basins will enable the ponds to function at levels more comparable to their initial removal rate designs for Total Suspended Solids (TSS) and the pollutants associated with them. Alterations to some outlet structures will also enhance the removal rates in some ponds. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. • The improvements have been designed for the following ponds: o Pond BP -29 (Murphy Parkway/Blackhawk Ponds) o BP -37 George Ohmann Park) o BP -38 (Northwest corner Fairway Hills) o JP -50 (East side of Jessica Court) o JP -67.1 (South of Duckwood Square) o LP -31 (Hay Lake /South Oaks Park) ttia Agenda Information Memo February 8, 2012 Eagan City Council Meeting X. CONTRACT 12 -07, 2012 CITY -WIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 12 -07 (2012 City -wide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, March 8, 2012, at the Utility Building, located at 3419 Coachman Point, Eagan MN 55122. FACTS: • The rehabilitation of public sanitary sewer through lining improvements of about 7,700 linear feet of existing pipe in various areas within the City was included as part of the Council approved Sanitary Sewer Operations and Facilities portion of the 2012 -2016 Capital Improvement Program (CIP) as well as the 2012 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • All bid advertisement notices will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page 10 . City of Eagan Sanitary S Lining .,. � 1 /F. TO7 :1 /!f /(;! //S _'...�E _� _ — - --- - - - - -- _r___ , . �;4: ` 1 I -494 111 `� 13 ?, Il k I 149 A - - — — — U � °,1 26- .I� B�( /�I! LONE OAK RD 2 1 i &fill, ik16, - EN= 11 i \ 1 dm �. o �I p -- r iolik ___,_ I 'W 149 il l FM 1. j 2012 Lining Areas \ Z j,� a ':NKEE'DOODLE RD • I lie Ir. 11E6 ' I ., - , / 4 , . N4 L: \,, J �, � "`� j1 c1 '� sir liii �' Vii' : , � 'i /_` ti Vi i, : 4 1 � � , l *- id 1 , \ � 1 ;� y, _ ` m' • `"10 ,; /r ,.,-1,,,,,,,. watrir', , L: - :' - 'f .. - . 0) 4 i T pv _).400h.:10 . AM 11-8 u -,..., . ',k- '.:: ,..; , . 1_3 :_f) : _11,:e1100, Lrotri 446 4 �� P-0.,aii. �� ( i ��� h II� : ,., j11 � �� � :::oz,,,, �� D IFFLEY RD I j ) 1.11 •L 1 - 4 " n '1„:4.16,trliwoAllil ---■ ob _ir - t. , z■lal Allt-- - . , vmum_i ___,4.7,14-4:,1,0■, :, ,....ipp , _ , i i — ' Pe '• IT7q11°----"t\i -11n * - -----‘ 1,‘ :_., LA IL A .,,,k_1:7, - ih, A 04, 41/461 mi ,._ r -. 'I .- Pr 1 - -- , 0 ,, 1,, CV �; �� CLIFF RD - . - - , 1 1 'l CLIF RD 7 1 , 6 sp,1,...: _ J10,.:4.:*,..„-:,,4,,t.5i .,...,..•,_ _ 53 . - , gra ,'. j i,,--- Al :,-.:: ' :;.:._...7.- , :4. ,,, .. , a , ;:...„,...,' ----- :.4_1,..z.,..„ — lo b, ri7 .4.... iiii \:„..„. ___„a s , .-J. . '4 IF '--- 1 um N Z 2012 Lining Areas W E City of Eaau (' — 20 Lin in g Areas W S Map Date 1/30/2012 J City ROW Prepared by City of Eagan Department o f Public Works / ) 1 in = 1 miles L : \USE \PUB Pr o ject s \Uti li tie s \S anitary_Sewer [ (� \ Maintenance \Li nn i ng \C Portrait.mxd Agenda Information Memo February 8, 2012 Eagan City Council Meeting Y. ADOPT FINDINGS AND DENY DRAINAGE AND UTILITY EASEMENT VACATION REQUEST ACTION TO BE CONSIDERED: Adopt Findings of Fact, Conclusions and Resolution for DENIAL of the petition to vacate public drainage and utility easements within Lot 1, Block 1, Ballantrae 2nd Addition. FACTS: • On December 12, 2011, City staff received a petition from Paola Bernardi, owner of Ballantrae Apartments, 3800 Ballantrae Road (Lot 1, Block 1, Ballantrae 2nd Addition), south of Silver Bell Road near the Cedar Grove Redevelopment Area, requesting the vacation of portions of public drainage and utility easements upon said property. • On December 20, the City Council received the petition for this vacation, and set a public hearing for January 17 to consider vacating said drainage and utility easements. • In 2000, public easements were dedicated with the Ballantrae 2 Addition plat over all (both public and private) sanitary sewer, water main, and storm sewer facilities serving the buildings comprising the Ballantrae Apartments. • The owner /applicant is proposing significant renovations to the apartment buildings on the property, and has discovered two areas of existing buildings that encroach into these public drainage & utility easements (both 6' x 38'). In addition, proposed entrance renovations to two apartment buildings and a proposed new garage construction result in four more areas of encroachment into these public drainage and utility easements (various sizes ranging from 3' x 11' to 9' x 20'). • The owner /applicant requested the City to vacate these 6 isolated easement segments to help provide clear property title on the existing and proposed encroachment areas. • A vacation hearing was held on January 17, 2012. The City Council was not in favor of vacating portions of the easements needed for the City's utility system and accordingly directed the preparation of Findings for Denial of the petition to vacate the drainage and utility easements. The City Council gave staff direction to prepare an encroachment agreement to allow for the improvements to be constructed within the drainage and utility easements, subject to the property owner, all under the terms of the encroachment agreement. ATTACHMENTS: / _ ,�,� • Findings of Fact for Denial, pages through �. ‘eC BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Applications of Ballantrae Apartments FINDINGS OF FACT, for Vacation of Easements CONCLUSIONS AND RESOLUTION This matter came before the Eagan City Council at its meeting on January 17, 2012. The Council received, considered and discussed the recommendation of the City staff dated January 17, 2012; input from City staff, information from the Applicant; the City's existing files, records and prior proceeding. Based upon all the files, records, input and evidence presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Ballantrae Apartments ( "Applicant ") submitted applications on December 12, 2011 from Paola Bernardi, a representative of the Applicant, which owns the Ballantrae Apartments located at 3800 Ballantrae Road (Lot 1, Block 1, Ballantrae Second Addition (the "Property ")) south of Silver Bell Road, near the Cedar Grove area, requesting the vacation of portions of six public drainage and utility easements more particularly described and depicted on Exhibit "A" attached hereto (the "Easements ") 2. On December 20, 2011, the City Council received the Applications for this vacation and set a public hearing for January 17, 2012 to consider vacating the Easements. 3. In 2000, the Easements were dedicated within the Ballantrae Second Addition in favor of the City to serve the buildings on the Property as well as the needs of other nearby properties. 14 4. The Applicant is proposing significant renovations to the apartment buildings and in order to complete the proposed improvements, the improvements will encroach into the Easements. 5. The Applicant requests that the Easements be vacated to accommodate the proposed Improvements. CONCLUSIONS 1. The City may vacate public drainage and utility easements only if the easements are not in use and then only if there is no public need for the easements. 2. The integrity of the City's sewer and water system requires that the Easements be maintained for the benefit of the public. The Applicant's desire to construct improvements within the Easements is best handled through a separate encroachment agreement that would allow the improvements to exist within a limited portion of the Easement Area subject to the strict conditions contained within the agreement. 3. The Property retains a viable use without the vacation of the Easements. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for vacation of the Easements are hereby denied. Dated at Eagan, Minnesota this day of , 2012. CITY OF EAGAN By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: City Clerk 1Q7 Agenda Information Memo February 8, 2012, Eagan City Council Meeting Z. APPROVE AGREEMENT WITH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY ACTION TO BE CONSIDERED: To approve a membership agreement with the National Intergovernmental Purchasing Alliance and authorize the Mayor and City Clerk to execute all related documents. FACTS: ➢ The National Intergovernmental Purchasing Alliance (National IPA) is a purchasing cooperative consisting of governmental agencies throughout the United States. Membership in National IPA allows participating government and education agencies to reduce the cost of purchased equipment and products by combining their purchasing power. ➢ There is not a cost to become a participating public agency of the National IPA. There is no obligation to utilize National IPA contracts nor are there minimum contract purchasing requirements. > The City is a member of several purchasing cooperatives that allow staff to utilize competitively bid purchasing contracts. City membership with the National IPA provides staff with another option for purchasing competitively priced products. ATTACHMENTS (1): The membership agreement is enclosed on page 6 ? . 49e MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This agreement is made between certain government agencies that execute a Principal Procurement Agency Certificate ( "Principal Procurement Agencies ") to be appended and made a part hereof and other public agencies ( "Participating Public Agencies ") that register electronically with National Intergovernmental Purchasing Alliance Company ( "National IPA ") or otherwise execute a Participating Public Agency Certificate to be appended and made a part hereof. RECITALS WHEREAS, after a competitive bidding and selection process by Principal Procurement Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products "); WHEREAS, Master Agreements are made available by Principal Procurement Agencies through National IPA and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. 3. That the cooperative use of bids obtained by a party to this agreement shall be in accordance with the terms and conditions of the bid, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the procurement of products by the Participating Public Agencies. 5. That a procuring party will make timely payments to the Supplier for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the law and venue rules of the State of purchase. 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products under this agreement. A non - procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non - procuring party harmless from any liability that may arise from action or inaction of the procuring party. 8. This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof shall survive any such termination. 9. This agreement shall take effect after execution of the Principal Procurement Agency Certificate or Participating Public Agency Registration, as applicable. Participating Public Agency National Intergovernmental Purchasing Alliance Company 1600 Westgate Circle, Suite 275 Authorized Representative Brentwood, TN 37027 Date 9 Agenda Information Memo February 8, 2012, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE — TED ANDERSON (3105 SIBLEY MEMORIAL HWY.) ACTION TO BE CONSIDERED: To approve the following Variance requests (or direct preparation of Findings of Fact for denial): 1) a reduced number of parking stalls; 2) reduced parking stall sizes and drive aisle widths; 3) reduced parking and pavement setbacks; and 4) a reduction in required green space from 25% to 23.8 %. If approved, the conditions listed in the staff report shall apply. To approve a Variance (or direct preparation of Findings of Fact for denial) to allow zero side yard setback for the existing satellite dish and trash enclosure over the west side lot line, for property located at 3105 Sibley Memorial Hwy. If approved, the conditions listed in the staff report shall apply. To approve a Variance (or direct preparation of Findings of Fact for denial) to Section 11.70, Subd. 12 of the City Code pertaining to parking lot landscape screening requirements from public rights -of -way for property located at 3105 Sibley Memorial Hwy. If approved, the conditions listed in the staff report shall apply. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: > The Applicant is proposing multiple Variances in response to enforcement action taken by the City. > The structure was built as a single family home in the early 1950's and multiple additions were added over the years. From the earliest City records, the property has always been zoned Industrial, resulting in the home being a non - conforming use for decades. > The non - conforming residential use has now been discontinued, and the present office /commercial use conforms with I -1, Limited Industrial, zoning. > The Applicant is separately working with Building Inspections to obtain Building Permits for modifications to the residential building to bring it into compliance with applicable Building Codes and obtain a Certificate of Occupancy for the current commercial use. > The proposed Variances concern site improvements related to the business use of the property and pertain to parking, setbacks, green space, and landscaping. ➢ The Applicant has attempted to correct noncompliant items where possible, and is proposing a package of Variance requests to address those items where practical difficulties make full compliance difficult to achieve. ➢ In connection with the proposed Variances, the Applicant is proposing additional corrections to comply with certain City Code provisions such as installation of curb and mechanical screening, and removing pavement encroachments onto adjacent properties. These corrections should be made regardless of whether the proposed Variances are approved. ➢ The Applicant has apparently negotiated an easement with the neighboring property owner to the west for existing encroachments, landscaping and snow storage and believes the easement meets the intent of the ordinance. However, as of this writing, such easement has not been signed and executed, and the City has not received any other written confirmation from the neighbor in support of the Variance requests or indicating approval for encroachments to remain. ISSUES: ➢ The applicant is proposing encroachments of certain improvements onto adjacent property. The City Attorney has advised that the City may not, through a zoning request, allow an encroachment on private property. The City can approve a zero setback and leave the issue of encroachment among the property owners. 60 -DAY AGENCY ACTION DEADLINE: March 18, 2012 ATTACHMENTS: (2) Location Map, pages through- - Planning Report, pages l throughcj Location Map , 1 , v `i •' Loo 'Ok RA i • / r® Yankee DonAIe�RA \ fi t ai l Er a Dims RA.� Map Area Extent Fort Snelling State Park i ®f ®I® Ilr k / �// �1 ■ ■ ®,i1® ` w . / - ai ■ ����r o , . _ , ' �- ,,� e .sue ' Y.. 4 �� ®e®®o ,� ss oieel`1 °ROA :1,t,,,,,,-4:` ' i SAY ® ®—® Subject Site 0� b Al , r s 0! 00 D o® o ' Ar,614*.A.: . e ® IP II Q O Central Park Park eh I io A ‘ 1 NM WI 1 P* . =roil • 4 l ml ®®• mm Quarry Park- ® ®= •, . . e QUARRYF ® ®_ mmmmm m 4 ® ® ® _ ra -'�1® I Feet Project Name: Ted Anderson 0 500 1,000 2,000 Request: Variance Legend Case Nos.: 08- VA- 04 -12 -11 Le llama City Boundary Parcels \\ Parks \ Buildings N 1 4 City of Eagall 7 a PLANNING REPORT CITY OF EAGAN REPORT DATE: February 2, 2012 CASE: 08- VA- 04 -12 -11 APPLICANT: Ted Anderson HEARING DATE: February 8, 2012 PROPERTY OWNER: Ted Anderson APPLICATION DATE: January 18, 2012 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 3105 Sibley Memorial Hwy. COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The Applicant is requesting approval of several Variances pertaining to site improvements upon property located at 3105 Sibley Memorial Hwy. as follows: 1) Reduced number of required parking stalls; 2) Reduced parking stall sizes and drive aisle depths; 3) Reduced parking lot setbacks from 5' to between zero and 0.5 feet; 4) Zero setbacks to allow encroachments of satellite dish and trash enclosure over the west side lot line; 5) Reduced green space from 25% to 23.8 %; and 6) Relief from parking lot landscape screening requirements. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.) February 8, 2012 Page 2 b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Section 11.70, Subd. 5.L establishes minimum off - street parking requirements for various uses. • For office uses, the ratio is one stall for each 150 s.f. of net leaseable area. City Code Section 11.70 Subd. 7 establishes minimum dimensions for off - street parking stalls and driving aisles. Minimum parking stall size = 10' x 19'; minimum drive aisle width = 24' for two -way movement. • City Code Section 11.70 Subd. 8 establishes minimum setbacks for parking lots and pavement. Minimum parking/pavement setback from public right -of -way = 20' • Minimum parking/pavement setback for side /rear yards abutting I -1 property = 5' City Code Section 11.60 Subd. 14. Establishes bulk standards for development in the I -1 zoning district including minimum required setbacks for structures and minimum green space ratio • I -1 zoning requires a minimum side yard setback for principal and accessory structures (includes trash enclosure and satellite dish) of 20' • Minimum green space required in I -1 zoning = 25% 7Lt Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.) February 8, 2012 Page 3 City Code Section 11.70, Subd. 26.D. establishes placement and setback requirements for free- standing satellite dishes. • Part 3 states "Satellite dishes and any accessory equipment enclosures shall meet the setback requirements for accessory structures as set forth in this chapter of the Code." See above — a minimum side yard setback of 20' applies to the satellite dish in the I -1 zoning district. City Code Section 11.70 Subd. 12.F.2 requires landscaping of commercial /industrial and multi- family residential developments. • The landscape ordinance requires screening and buffering between parking and public rights -of -way to achieve 75% opacity to a year around at maturity. BACKGROUND /HISTORY The structure was initially constructed as a single - family home in 1952. The earliest zoning maps on record indicate the property has been zoned for industrial use since the early 1960's. These Variance requests arise from an enforcement action and are an attempt to bring the site into compliance where modifications to the property are infeasible or would create a practical difficulty. The Applicant acquired the property early in 2006 and established the commercial use as the principal use of the property. At the same time as the City was reconstructing Meadowview Road and Alexander Roads in the Summer of 2006, the Applicant obtained a grading permit for the grading and installation of pavement on the property to create parking areas for employees. No Site Plan was provided and because no building permit or zoning request such as a Conditional Use Permit was involved, the plans were not reviewed by Planning for zoning compliance. In 2009, Inspections received a complaint about the property and upon further investigation, it came to our attention that not only had the occupancy use of the building been changed from residential to commercial, but that site improvements had been made that did not meet performance standards of the City's Zoning Ordinance. After several attempts at gaining compliance over many months, the City filed a civil action against the property owner in 2011. Making application for any necessary Variances to rectify the zoning violations is one of the steps necessary toward achieving compliance and avoiding further legal action. The Applicant has simultaneously made application for a Building Permit to identify and make modifications to the building to bring it into compliance with applicable Building and Fire Codes for the commercial occupancy use. Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.) February 8, 2012 Page 4 EXISTING CONDITIONS The property consists of approximately 0.89 acres and has public street frontage to : A both the north and south. The lot abuts Meadowview Road to the north. To the " south, approximately 25' of frontage on , -, v �� 4 jui the southwest corner abuts the right -of- =- way for Alexander Road. The remainder 47,-, '- of the southern parcel boundary abuts the —= adjacent lot to the east which extends _ d��� between the subject site and Alexander ., Road r -o -w to the south. Driveway access %,..;- -:7,:i:::;;Iic, ---f.1;4i,i is provided to the site from both the north .,-.::,,,,,___........;,.„' ____ ,_„.. 3-- and the south. The property contains an existin single - family home with over 9,800 SF of ,; • finished space which has been converted to office and other commercial use. The home is no longer being used as a residence. A substantial retaining wall was installed on the south side of the property and smaller ones on the north side. Pavement for parking north and west of the building has also been installed; the southern parking lot is gravel. A large ground - mounted satellite dish was installed along the west side of the property. Some of these property improvements extend beyond the lot boundaries and encroach upon adjacent property. The following holdovers from the residential use remain: an in -ground swimming pool is located in the yard area east of the building; a small shed is located southeast of the pool; and a wood deck extends along the southeast side between the building and the pool. PROPOSAL The single- family residence was a non - conforming use for decades. The non - conforming residential use has now been discontinued, and the present office /commercial use conforms with I -1 zoning. The Applicant is separately working with Building Inspections to obtain Building Permits for modifications to the residential building to bring it into compliance with applicable Building Codes and obtain a Certificate of Occupancy for the current commercial use. When the Applicant was initially contacted about the conversion of the property from a residential to a commercial /industrial use and advised that site improvements had been done that did not comply with zoning ordinances, the owner did make some corrections and progress toward compliance. 74' Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.) February 8, 2012 Page 5 In connection with the proposed Variances, the Applicant is proposing additional corrections to comply with certain City Code provisions such as installation of curb and mechanical screening, and removing pavement encroachments onto adjacent properties. These corrections should be made regardless of whether the proposed Variances are approved. In addition, the Applicant indicates he has negotiated an easement with the adjacent property owner to the west for encroachments onto adjacent property, and use of that area for snow storage and landscaping. However, as of the writing of this report, such easement has not been signed and executed. The Applicant's narrative calls out the six variance requests and these Variance requests are identified by number on the Site Plan for cross referencing to the narrative. The Variance requests are from performance standards that the Applicant finds it difficult to satisfy by the strict application of the ordinance. APPLICANT'S PRACTICAL DIFFICULTIES The Applicant's narrative indicates that the practical difficulties associated with the Variance requests result from the initial development of the property as a single - family residence. The residential use was non - conforming in the I -1 zoning district and the conversion of the principal use from residential to business corrects that nonconformity. However, the existing structure, swimming pool /patio, and site characteristics with regard to lot size, street frontage, and setbacks remain -- making it difficult to fully satisfy zoning requirements for the site improvements required to support the present business use. The Applicant's narrative also points out that while the lot cannot be enlarged, the Applicant has attempted to rectify the functional aspects of existing encroachments and site maintenance concerns such as landscaping and snow storage by negotiating an easement from the neighboring property owner to the west. EVALUATION OF REQUEST Variance Request #1 — Reduction in required number of parking stalls. City Code requires one stall for each 150 s.f. of net leasable area. Gross building area has been identified as 9,841 s.f. Net leaseable space is calculated at 80% of gross building area, or 7,872 s.f. At 1 parking stall per 150 s.f., a total of 52 parking stalls are required by City Code. The Applicant's narrative references a 2005 calculation that put the required number of stalls at 41; that may have been based on a smaller assumed building size. The Applicant is proposing a total of 39 parking stalls, a shortage of 13 stalls based on current calculations. Variance Request #2 - Reduced parking stall sizes and drive aisle width. City Code requires a minimum parking stall size of 10' x 19'. The Applicant has identified parking stalls at 9' x 18'. 9' wide stalls have been approved elsewhere in the City for employee parking where turnover is low. The 18' stall depth can be better accommodated with rows of single - loaded parking as is proposed here, than with double - loaded parking. Single - loaded parking allows for bumper overhang beyond the curb line, thus requiring less depth of the paved parking stall. `7 Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.) February 8, 2012 Page 6 Six compact parking stalls are proposed on the east end of the southern parking lot at a size of 9' x 16'. Due to the location of the retaining wall and parcel boundary, the depth of this portion of the property is a few feet less than on the west end. In order to maintain the full 24' of aisle width, the full 19' stall depth cannot be met. City Code does not provide compact stall dimensions. The 16' depth does appear to be consistent with common industry practice for compact parking. If approved, the stalls should be signed "compact parking only." City Code requires a 24' drive aisle width for two -way traffic. On the west side of the building, a drive aisle width of less than 24' is requested. The angle of the building and width necessary for accessible ramps to the building pinch the drive aisle in one location. The full 24' drive aisle width is met along the south and west sides by reducing the side and rear pavement setbacks in those locations to near zero. The proposal includes a related Variance request for these reduced pavement setbacks. y .°�� ; N. Variance Request #3 - Reduced parking A >, ;' ! ; x ` 4 � " lot setbacks. City Code requires a 5' side V:1)1,41 �` # tf and rear setback for parking. On the west R and south sides of the property, parking ' ' setbacks are proposed to be reduced to - .t between 0' and 0.5'. The reduced to _'' ' setbacks are necessary to accommodate =a sufficient parking stall depth and drive _. _ • - • -te *. aisle widths. Along the west side, the -. Applicant indicates he has negotiated � pp otiated an � g -� easement from the neighboring property -. , , _ -�� owner for purposes of parking, <. �" landscaping, and snow storage, among other things. On the south side, the location of the retaining wall relative to the south lot line is too narrow to accommodate a full 19' stall depth and 24'wide drive aisle without the setback variance. Areas of pavement on the northeast and southeast corners of the lot for vehicle maneuvering in and out of parking stalls is also proposed to be at a 0' side yard setback. On the northeast corner, existing pavement which extends beyond the lot line onto adjacent property will be cut back to within the property boundary. Thus, although a setback Variance is needed, that area will be brought into greater compliance. On the southeast corner, allowing the pavement turnaround area to extend to the property line allows an additional compact parking stall. The pavement could be set back the full 5' from the east side lot line if the easternmost parking stall were eliminated in this location; however, that would increase the Variance request to the required number of parking stalls. The appropriate balance of number of stalls versus configuration of pavement and stalls is a policy matter to be determined by City officials. 7g Planning Report — Ted Anderson (3105 Sibley Mem. Hwy.) February 8, 2012 Page 7 Variance Request #4 — Allow encroachments of satellite dish and trash enclosure over the west side lot line. City Code requires free - standing satellite dishes to be located in a side or rear yard, subject to accessory structure setbacks for the applicable zoning district, which in this case is 20'. Trash enclosures may be detached in I -1 zoning district. Trash enclosures are also required to be located in a side or rear yard and subject to principal structure setbacks, which in this case is also 20' for a side /rear yard. The satellite dish and its concrete pad and footings are located along the west side lot line ' and extend over the property line onto adjacent � property. In this area is also concrete Lti pavement that extends over the lot line. Whereas areas of bituminous paving are Ul J�jj proposed to be cut back to eliminate encroachments, this area of concrete pavement is proposed to remain. In consultation with the s City Attorney, the City cannot, through a zoning request, allow an encroachment on private property. The City can approve a zero setback and leave the issue of encroachment among the property owners. The Applicant has negotiated an easement from the neighboring property owner for the encroachment of both the pavement and satellite dish, and the applicant believes the easement meets the intent of the ordinance. The City typically does not permit a developer to rely on an adjacent property owned by a separate entity to meet ordinance requirements. The satellite dish might be able to be relocated further east within the property. In this location on the site, the building is set back 20' from the west lot line, leaving less than 20' in which to locate the satellite dish. This area also provides an outdoor path and walkway between the south and north parking lots and from the south lot to the main building entrance. Thus, a relocation of the satellite dish would need to leave sufficient unobstructed walkway in this area and would still not fully satisfy the required 20' setback. In considering possible relocation of the trash enclosure further east, it would result in conflicts with the staircases and access to the tuck -under garage bay. Placement at the far east end of the lot would make access by the trash hauler more difficult. Relocating the enclosure would also likely result in the loss of two parking stalls and replacement of only one stall in place of the enclosure's current placement. If this Variance is approved, the west wall of the trash enclosure should be increased to the required minimum height of 6', constructed of a decorative masonry material compatible in appearance and color with the existing retaining wall. 7q Location Map `L l !I 1. \\ / / lone Oak RA r • /`i � , Yankea 0 ode Rd. • iiii Difllay Rd . -.. p immAimil ' l W CIIHRd • Map Area Extent Fort Snelling State Park > 11 ■I ®� I_ t ®/ X1111 ■■111®e r ig-1111' `., I II �®• is 2 7 Mill aliktV ‘t41 06 1 111 1 w ILEI i � , l' ¢a > e®:® ® a VIINEwslimm lam 4 x AV Ee .. 111. ES 4 A'. *4 * ft.._ Subject Site 00 bo i priAk . A I 00. C � U ® 0 < , Central Park Park . = '* 111 ®': o m=01:111. 4 4,w AI a == _ mai . 8 , 4, ' Q 4 -.. All, —,. ® ® ® m m8 Quarry Park` - 0® mot_ ti e CUARRYF ®® .•. - -- [mom _ mom .. '�la III 1 Feet Project Name: Ted Anderson 0 500 1,000 2,000 Request: Variance Legend Case Nos.: 08- VA- 04 -12 -11 Legend li City Boundary Parcels A Parks Buildings N City of Cap on 411, Current Zoning and Land Use Map City of Eagn Application: Ted Anderson (3105 Sibley Mem. Hwy.) Type: Variance Case No.: 08- VA- 04 -12 -11 I ■ - ..O' > E R -1 t \-a Z P Zoning 2 Subject Site � 1 -1, Limited Industrial R -1 i 811 I iti / PF R -4 _ , - - ), i v 7 _� � L P Z� Land Use Plan '` Subject Site <v IND, Limited Industrial LD • IND r■ 4111P, / /..**.**".. 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Easement, appurtenances and encumbrances •::::::::: ',"::::::::::".".:".:::::--...••:-..:-::".":":',...-..:-..,..... .:::::::g• may exist in addition to those shown hereon. This . •.... :. •., :ni!: ,.. : , , ,: , ,,,,„:.„...... : : : : : : : : :: : .: „....„......„.„.„.„„ ! -i.',..:12-!il'ElIF-111::::.;':- survey is subject to revision upon receipt of a title ,•.?•,,,,,,.........,.........,....,...]::;.„,.,...::,:..::::„:::„.,;.:,:...„...............:.....„,„... Insurance commitment or attomeys title opinion. r - — I hereby certify that this survey. plan 0' .•.'.''.''''.•. EXISTING PROPERTY DESCRH"TION or report was prepared by me or under Lot 5, Block 1, MEADOW VIEW, Dakota County, Minnesota. my direct supervision and that I am ,, •4'.:.• - ••. -, :;•. -, .... , .. - ..•: -, ....:,:::::.J...:".. - :::', - -.•:::::: - ... - -::::::::::::::::::::::"".:••.'.•::::•:•: : ::„':''::::-.... `, \ Iii*:GEISIIC't":" N -.: • ,-,-,- , -- .: : : : : : : : : : : : : : : : .::: : ::::::::::::...,...... - . .:• - • .:• - ..:, - .1„. - . , - ,: - ,, - ,.i......g:,,,,,.:4, - ,:::::: . ::::.;::::' . .......„ \ \ a duly Registered Land Surveyor under th the laws of the State of Minnesota. Cli":"DEN.01ESIRON.::::$A0N1•414.6.tf.....?.......:...T\ \ 01ENOILES:::::EXISTINWFENcgnig;:ig, \ \ 1 .. - , - ::::::::::::::::::::::::::m::::::2::: : ::.•::::::.::: : :::::: : :::: : :::::;;; : ::.;0, - •:', : ::-w,---gi .. i DENO1ESE"GRAVEV:-'4::::::::0"""•::::•":"::::::::::":":"'''...::•::::::::.,.. \ ERIC R. 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Z n m mm a ill —1,111111 B K £, w ?i,' 3 ° � b S : F8 : F � t � • V 1 a£� £_ ICANIff HENCEI 40 1 0,,, a We : -, 1 . ,r, .., . :sl a f ' =;''',i''', = II 3 ill m = " m , y d _ q trig A 2- 4,7') ° ?mm c°' o 'm n < n 7 o cs b) Nm °Ey= �iL "20-g 4'1" n " ' a - noo :° 'm' co ° ��q > , q mm . a l n a s > N m io iao "'m m 0 O l' z n °ww o m • 4=62 a n of ■∎ °,. N ' m 0 av Eg r 2 � j � a � Ea� NI - - — a ...m N `od 5 Ng' 3 DETAILS • Charles 2300 Minneapolis T: 612.729.5333 Levin Milwaukee Minnesota F: 612.729.8351 Architects Avenue 55404 -3150 E: mail @clevin.com ZONING CODE — VARIANCE REQUESTS For 3105 Sibley Memorial Highway Eagan, MN 55121 Prepared for Ted Anderson, Midas Resources, Inc. Variance Request #1: Reduce required parking from 41 to 39 spaces. 11.70 Subdivision 5.L: Zoning code requires 1 parking space for each 150 sq. ft. of net leasable area. Eagan Planner Shiela McCarthy established the parking requirement at 41 in a letter • dated 2/15/05. a. Extraordinary factor is that building was constructed as a residence which had a lesser parking requirement. Building could no longer be used as a residence. Also, ownership of property to south results in a very odd configuration of property lines, b. Literal interpretation is not possible due to space limitations. Although not certain, Owner of subject property is currently negotiating for a joint parking agreement, an easement or a land purchase from a neighbor. c. Owner did not create the problem and has taken no action to increase the problem. If anything, Owner has improved the situation. d. There is no special privilege; the land is the size that it is. e. This is the minimum variance needed; there is no additional parking space available. f. The variance is not materially detrimental to the code or others. It maximizes available parking. g. The property will become compliant with code subject to additional variances and interpretations. Variance Request #2: Reduce parking space sizes and drive aisles as shown on drawing A1.0. 11.70 Subdivision 7 (Table): Parking spaces are specified at 10'x19' and drive aisles are specified at 24'. Smaller sizes are requested per drawing A1.0. a. Extraordinary factor is that building was constructed as a residence which had a lesser parking requirement. Building could no longer be used as a residence. The topography is an obstacle to creating additional parking b. Literal interpretation is not possible due to space limitations. It is not uncommon to allow the requested space sizes in other municipalities. Reductions are only requested where necessary. c. Owner did not create the problem and has taken no action to increase the problem. The Owner would prefer to comply with the code to the maximum extent possible. d. There is no special privilege; the land is the size that it is. The Owner believes the requested sizes are very workable. e. This is the minimum variance needed; the design maximizes available space.. f. The variance is not materially detrimental to the code or others. It maximizes available parking. g. The properly will become compliant with code subject to additional variances and interpretations. q)9 Variance Request #3: Reduce parking lot setbacks as shown on drawing A1.0. 11.70 Subdivision 8 (Table): Parking lot side and rear setbacks are specified as 5'. Public street setbacks are specifed as 20'. Reduction to 6" is requested as shown on drawing A1.0. a. Extraordinary factor is that available parking and vehicle maneuvering space is limited by existing property size, existing site improvements and existing topography. Owner has negotiated a 25' easement with west neighbor as follows: AN EASEMENT for the purposes of a parking lot, satellite dish, screening and storage of Trash Container, retaining wall, cement patio, egress, storage of snow, and landscaping on the following described property: The Easterly Twenty-five (25) feet of Lot 1, Block 2, RL Johnson 1st Addition. b. Literal interpretation would further reduce available parking /maneuvering space and cause further variance requests regarding parking space and drive aisle size. c. Owner did not create the problem and has taken no action to increase the problem. The Owner would prefer to comply with the code to the maximum extent possible. d. There is no special privilege; the -land is the size that it is. e. This is the minimum variance needed; the design maximizes available space to comply with parking space and aisle widths as much as possible. f. The variance is not materially detrimental to the code or others. Due to existing site topography, this request causes no hardship to adjacent neighbors. g. The property will become compliant with code subject to additional variances and interpretations. Variance Request #4: Allow encroachments to west as shown on drawing A1.0. 11.40 Subdivision 4.d Allow encroachment of Trash Enclosure Area and Satellite Dish into west side setback and over west property line. a. Extraordinary factor was that Owner did not realize property line limitations due to unusual topography of site. Owner constructed the encroachments. To mitigate the problem, Owner has negotiated a 25' easement with west neighbor as follows: AN EASEMENT for the purposes of a parking lot, satellite dish, screening and storage of Trash Container, retaining wall, cement patio, egress, storage of snow, and landscaping on the following described property: The Easterly Twenty-five (25) of Lot 1, Block 2, RL Johnson ht Addition. b. Literal interpretation would be a costly change. c. Owner created the problem. d. There is no special privilege; the easement meets the intent of the ordinance. e, This is the minimum variance needed. f. The variance is not materially detrimental considering the easement. g. The property will become compliant with code subject to additional variances and interpretations. Charles Levin Architects for Midas Resources Page2 of 3 12/13/11 9 0 Variance Request #5: Reduce required Green Space from 25% to 23.8 %. 11.60 Subdivision 14.e Reduce a. Extraordinary factor is that site size is limited, paved parking is required and the yard has an existing pool and surrounding concrete patio. b. Literal interpretation would be a costly change requiring Owner to demolish existing serviceable construction. c. Owner did create the problem by trying to comply with parking requirements, but could comply with a reduction in required drive aisle space. d. There is no special privilege if the pool is counted as green space or if the easement is allowed to be counted. e. This is the minimum variance needed. f. The variance is not materially detrimental considering the easement and the unusual site configuration to the south. g. The property will become compliant with code subject to additional variances and.interpretations. . Variance Request #6: Relief from requirement for Parking Lot Landscape Screening 11.70 Subdivision 12.f.2 Landscape Screening a. Extraordinary factor is that site was a residential use in an industrial zone. b. Literal interpretation would hold Owner to a standard not applied to surrounding properties. It appears that the Administrator has the power to waive this requirement under under 11.70.F.2.b c. Owner did create the problem by trying to comply with parking requirements, but has significantly improved the appearance of the property. d. There is no special privilege since surrounding properties do not screen parking. e. This is the minimum variance needed. f. The variance is not materially detrimental considering that surrounding properties do not screen parking g. The property will become compliant with code subject to additional variances and interpretations. Charles Levin Architects for Midas Resources Page3 of 3 12/13/11 9/ Agenda Information Memo February 8, 2012 Eagan City Council Meeting B. PROJECT 1063, CHATTERTON PONDS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1063, Chatterton Ponds (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 various streets within the Chatterton Ponds Addition neighborhood in central 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 January 3, 2012, the feasibility report for Project 1063 was presented to the City Council and a Public Hearing was scheduled for February 8 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 30 for the adjacent property owners to discuss the proposed improvements. Of the 28 total properties (all single - family residential) proposed to be assessed under this improvement, no one attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: n � • Feasibility Report, pages through 'si[4. C ity of Gall Report for Chatterton Ponds Neighborhood Street Revitalization City Project No. 1063 January 2012 ;-' / 4 i ri TN r . ✓`' r t , 1 � Cit o f Eapli Meoo To: Honorable Mayor and City Council From: John P. Gorder, Assistant City Engineer Date: January, 2012 Re: Chatterton Ponds Street Revitalization City Project No. 1063 Attached is our report for the Chatterton Ponds Street Revitalization, City Project No. 1063. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be please to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. John P. Gorder Date: t /?' ( /2 0 / Reg. No. 22813 Reviewed By: Department of Public Wor,+. Date: I - 3 l - Reviewed By: Aigp (Z Finance Depart ent Date: 3 TABLE OF CONTENTS Executive Summary 1 Introduction /History 2 Scope 3 Area To Be Included 3 Street Pavement Evaluation 4 Proposed Improvements 4 Easements /Permits 6 Feasibility and Recommendations 6 Cost Estimate 7 Assessments 7 Assessment Financing Options 8 Revenue Source 9 Project Schedule 9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Map - 3 Typical Section — Mill & Overlay alik Executive Summary Background Project Name Chatterton Ponds Project # 1063 Street Area 6,450 sq. yds Street Length Approx. 2,100' (0.4 mi) Constructed 1987 Chatterton Road & Reconstructed Streets Included Chatterton Court Cracksealed - Seal Coated 1992, 2001 SW % Section 22 North of Diffley Road Location Relative Location Township 27, Range 23 East of Pilot Knob Rd. Project Details Roadway resurfacing PCI Rating 57 Replacement of damaged Recommended Edge Mill and 1.5" curb & gutter Improvement Overlay Adjustment /Replacement of; Curb Removal 14% Scope sanitary /storm sewer Residential Lots 28 utility castings water gate valves City Park/ County Park N/A street signage Cost Estimate Property City Mill & Overlay w /signage $ 66,000 $ 33,000 $ 33,000 Repair Ex Conc Curb & Gutter $ 30,800 0 $ 30,800 Total $ 96,800 $ 33,000 (34 %) $ 63,800 (66 %) January 2012 Neighborhood Street Revitalization Chatterton Ponds 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 Chatterton Ponds residential streets (approximately 0.4 miles in length) in central 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 in 1987. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is in the 20 -25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that these streets were seal coated in 1992 and 2001. Chatterton Ponds fl 2 The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration where necessary. These repairs alone will not substantially extend the life expectancy of the street section unless combined with the bituminous 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 ponding /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items are included in this report, if needed. Scope This project will provide resurfacing (edge mill and overlay) for approximately 0.4 miles of roadway. Figure 2 in Appendix C, illustrates the project limits. The following improvements are also included in the project: 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 Southwest % of Section 22, lying South of Deerwood Drive, East of Pilot Knob Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. Chatterton Ponds a7? 3 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 rankings for the Chatterton Ponds street segments have a weighted average pavement condition rating of 57, which falls slightly above the rankings of the "Patch /Repair and /or Overlay" category, as mentioned above. However, 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 existing street section for this roadway consists of 3" bituminous pave -ment supported by 6" gravel base. The existing bituminous surface will be milled '� _ adjacent to the existing curb and gutter (6' -8' wide) to accommodate a '4' 7 — 1Y2 -inch bituminous overlay. The T , overlay, combined with the existing street section, will provide a street Chatterton Ponds IG 4 section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. The proposed street improvements for this project are detailed in Appendix C, Fig. 3. Concrete curb & gutter - Damaged y;y curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 14% of the existing concrete curb `fi L , and gutter will have to be replaced. € Boulevard turf will be removed and r ' replaced. ; . 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 being investigated and implemented to reduce infiltration into the City sanitary and storm systems. Chatterton Ponds 1 it_Db 5 _ ii:,_ f4.:,,, - v yam , —i/itt. 1 "d ,I .;. 4 ,- — ' , R - _F 44 y , I * it - F & , 111* 'f Y..a x as' t 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 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 safety and night time visibility. Existing signs which are not required by, or not compliant with, the MnMUTCD will .!E be permanently removed. X, ;., •—' 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. 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. 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. Chatterton Ponds )b 1 6 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 these streets. 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. 4 ; ) 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: Chatterton Ponds • Mill & Overlay w/ signage $ 66,000 • Repair Existing Concrete Curb & Gutter $ 30,800 Total $ 96,800 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. Chatterton Ponds )c City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Residential 50% 50% Repair Existing Concrete Curb & Gutter 0% 100% Residential Lots — Street Revitalization Improvements (Chatterton Ponds) All residential lots (28 total single - family residential lots) as shown on Figure 2 having driveway access on to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for local residential streets, based on a standard 32 -foot width. The estimated cost per single - family lot based on the City Assessment Policy is $1,180/lot and is calculated as follows: 1) 100% Residential Single - Family 2) $66,000 (Overlay + Sign Costs) x 50% = $33,000 Total Assessment 3) $33,000 (Total Assessment) = $1,180/ Lot Equivalent 28 SF Lots 4 .13. 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 on the next page is an example of the estimated assessment with an estimated 5.0% interest for the assessed amounts: Single Family Residential Lot = $1,180 Principal Per Year Interest Per Year Cost Per Year First Year $236 $74 $310 Fifth Year $236 $ 12 $248 Chatterton Ponds lb 8 4 4 1 1 1- , Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 66,000 $ 33,000 $ 33,000 Repair Existing Curb $ 30,800 0 $ 30,800 Totals $ 96,800 $ 33,000 $ 63,800 The City's Major Street Fund will finance the estimated project deficit of $63,800 (66% of total). Protect Schedule Present Feasibility Report to City Council/ Order Public Hearing January 3, 2012 Informational Meeting January 30, 2012 Public Hearing February 8, 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 Chatterton Ponds I ��} 9 Appendix A Preliminary Cost Estimate City Project 1063 Chatterton Ponds 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 (Edge Mill) SY $ 1.00 2,950 $ 2,950.00 2232.501 Mill Bituminous Pavement (Full Width Mill - Center Islands) SY $ 1.50 400 $ 600.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 420 $ 1,680.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 50.00 600 $ 30,000.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 7 $ 700.00 2504.602 Adjust Gate Valve Box EA $ 125.00 1 $ 125.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 11 $ 4,400.00 2504.602 Repair Gate Valve Mid Section EA $ 300.00 1 $ 300.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 250.00 1 $ 250.00 SP -1 Signage Remove & Replace LS $ 300.00 1 $ 300.00 2563.601 Traffic Control LS $ 2,000.00 1 $ 2,000.00 Subtotal $ 48,305 5% Contingency $ 2,415 Subtotal $ 50,720 30% Indirect Costs $ 15,216 Part I - Bituminous Street Overlay $ 65,936 Item No. Item Unit Unit Price Est Qty Estimated Cost Part II - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter LF $ 6.00 500 $ 3,000.00 2104.505 Remove Concrete Valley Gutter SY $ 10.00 17 $ 170.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $ 15.00 15 $ 225.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 20 $ 2,000.00 2504.602 Repair Residential Sprinkler Head EA $ 100.00 6 $ 600.00 2504.602 Repair Sprinkler System EA $ 250.00 1 $ 250.00 2504.602 Repair Invisible Dog Fence Line EA $ 100.00 3 $ 300.00 2506.602 Adjust Frame & Ring Casting (CB) EA $ 250.00 6 $ 1,500.00 2506.501 Remove & Replace Drainage Structure w/ cstg LF $ 500.00 7 $ 3,500.00 2531.501 Concrete Curb and Gutter, B612 LF $ 17.00 20 $ 340.00 2531.501 Concrete Curb and Gutter, D412 LF $ 17.00 480 $ 8,160.00 2531.604 Concrete Valley Gutter - High Early SY $ 55.00 17 $ 935.00 2540.602 Repair Residential Landscaping EA $ 170.00 1 $ 170.00 2573.530 Storm Drain Inlet Protection EA $ 125.00 2 $ 250.00 2575.505 Sodding, Type Lawn (Highland) SY $ 7.00 120 $ 840.00 2575.551 Compost, Grade 1 TON $ 20.00 15 $ 300.00 Subtotal $ 22,540 5% Contingency $ 1,127 Subtotal $ 23,667 30% Indirect Costs $ 7,100 Part II - Repair Existing Curb & Gutter $ 30,767 Part I - Bituminous Street Overlay $ 65,936 Part II - Repair Existing Curb & Gutter $ 30,767 Project 1063 Total Cost $ 96,703 Appendix B Preliminary Assessment Roll City Project 1063 - Chatterton Ponds Chatterton Road R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1399 Chatterton Road 10- 16975 - 010 -10 1 $ 1,180 $ 1,180 1395 Chatterton Road 10- 16975 - 010 -20 1 $ 1,180 $ 1,180 1391 Chatterton Road 10- 16975 - 010 -30 1 $ 1,180 $ 1,180 1387 Chatterton Road 10- 16975 - 010 -40 1 $ 1,180 $ 1,180 1383 Chatterton Road 10- 16975 - 010 -50 1 $ 1,180 $ 1,180 1379 Chatterton Road 10- 16975 - 010 -60 1 $ 1,180 $ 1,180 1375 Chatterton Road 10- 16975 - 010 -70 1 $ 1,180 $ 1,180 1371 Chatterton Road 10- 16975 - 010 -80 1 $ 1,180 $ 1,180 1367 Chatterton Road 10- 16975 - 010 -90 1 $ 1,180 $ 1,180 1363 Chatterton Road 10- 16975 - 011 -00 1 $ 1,180 $ 1,180 1359 Chatterton Road 10- 16975 - 011 -10 1 $ 1,180 $ 1,180 1355 Chatterton Road 10- 16975 - 011 -20 1 $ 1,180 $ 1,180 1351 Chatterton Road 10- 16975 - 011 -30 1 $ 1,180 $ 1,180 1347 Chatterton Road 10- 16975 - 011 -40 1 $ 1,180 $ 1,180 1354 Chatterton Road 10- 16975 - 011 -50 1 $ 1,180 $ 1,180 1384 Chatterton Road 10- 16975 - 012 -50 1 $ 1,180 $ 1,180 1388 Chatterton Road 10- 16975 - 012 -60 1 $ 1,180 $ 1,180 1392 Chatterton Road 10- 16975 - 012 -70 1 $ 1,180 $ 1,180 1396 Chatterton Road 10- 16975 - 012 -80 1 $ 1,180 $ 1,180 Subtotals 19 $ 22,420 Chatterton Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1353 Chatterton Court 10- 16975 - 011 -60 1 $ 1,180 $ 1,180 1349 Chatterton Court 10- 16975 - 011 -70 1 $ 1,180 $ 1,180 1345 Chatterton Court 10- 16975 - 011 -80 1 $ 1,180 $ 1,180 1348 Chatterton Court 10- 16975 - 011 -90 1 $ 1,180 $ 1,180 1352 Chatterton Court 10- 16975 - 012 -00 1 $ 1,180 $ 1,180 1356 Chatterton Court 10- 16975 - 012 -10 1 $ 1,180 $ 1,180 1360 Chatterton Court 10- 16975 - 012 -20 1 $ 1,180 $ 1,180 1364 Chatterton Court 10- 16975 - 012 -30 1 $ 1,180 $ 1,180 1366 Chatterton Court 10- 16975 - 012 -40 1 $ 1,180 $ 1,180 Subtotals 9 $ 10,620 28 Single - Family Lots TOTAL ASSESSMENT $ 33,040 JDt-p Q - Q E - A g. . m m 2 f J ., p / a 2, ii YANKEE DOODLE RD. / NKEE DOC MP JP fl II W lk ' I ' DU WOOD DR. 4 P IFINIE � .0 i Project Location ' R BELL RD. n l i rr 1MI Usk tril 1 DEERWOOD In DR. 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PROJECT 1064, HILLS OF STONEBRIDGE 2 3 STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1064, Hills of Stonebridge 2 "d/ 3rd 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 various streets within the Hills of Stonebridge 2 " 3 Additions neighborhood in southeast 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 January 3, 2012, the feasibility report for Project 1064 was presented to the City Council and a Public Hearing was scheduled for February 8 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 30 for the adjacent property owners to discuss the proposed improvements. Of the 125 total properties (all single - family residential) proposed to be assessed under this improvement, 2 residents from 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: i2 • Feasibility Report, pages through ?J I . • Informational Meeting Minutes, page_ 12 . 10 4{ 1010. C ity 0 f E a all Report for Hills of Stonebridge 2nd & 3rd Neighborhood Street Revitalization City Project No. 1064 January 2012 ij .� • i ,'> - - 1 , • ' . - 4 Y _ �! � Y >� 7� '{ . T L It / 4 0. Cit o f Ea a u Meoo To: Honorable Mayor and City Council From: John P. Gorder, Assistant City Engineer Date: January, 2012 Re: Hills of Stonebridge 2 & 3rd Street Revitalization City Project No. 1064 Attached is our report for the Hills of Stonebridge 2 " & 3 Street Revitalization, City Project No. 1064. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be please to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. John P. Gorder Date: ,/ : ;(7�012 Reg. No. 22813 Reviewed By: Department of Public Works Date: (` 3 ( Reviewed By: Fina e Department r Date: �� �- TABLE OF CONTENTS Page Executive Summary 1 Introduction /History 2 Scope 3 Area To Be Included 3 Street Pavement Evaluation 3 Proposed Improvements 4 Easements /Permits 6 Feasibility and Recommendations 6 Cost Estimate 6 Assessments 7 Assessment Financing Options 7 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 Hills of Stonebridge 2 & 3rd Project # 1064 Street Area 31,240 sq. yds Street Length 8,230' (1.6 miles) Camberwell Drive Constructed 1990 -1991 Oxford Road Foxmoore Court Overlayed - Baffin Bay North & South Streets Included Barrow Court Cracksealed - Kingston Court States Avenue Seal Coated 1995, 1996, 2002 Albany Circle Tilbury Way S %, Section 24 North of Diffley Road Absolute Location Relative Location Township 27, Range 23 East of Dodd Rd Project Details Roadway/ trail resurfacing PCI Rating 42 Replacement of damaged Recommended Patch /Repair and curb & gutter Improvement 1.5" Overlay Scope Adjustment /Replacement of: Curb Removal 8% sanitary /storm sewer Residential Lots 125 utility castings water gate valves street signage City Park/ County Park - Cost Estimate Property City Mill and Overlay (Including Signage) $ 293,400 $ 146,700 $ 146,700 Repair Existing Curb $ 83,700 - $ 83,700 Totals $ 377,100 $ 146,700 (39 %) $ 230,400 (61 %) Hills of Stonebridge 2nd & 3rd 1114- 1 January, 2012 Neighborhood Street Revitalization Hills of Stonebridge 2nd & 3rd Eagan, Minnesota 4 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 1.5 miles of Hills of Stonebridge 2nd & 3rd residential streets, in central Eagan, have been identified for 2012 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this residential neighborhood were constructed between 1990 and 1991. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the 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 these streets were seal coated in 1995, 1996 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 Hills of Stonebridge 2nd & 3rd (1 2 Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. 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 is included in this project, if needed. Scope This project will provide resurfacing (edge mill and overlay) for approximately 1.5 miles of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage. Area To Be Included Properties included in the project lie within the South 1/2 of Section 24, Tying North of Diffley Road, East of Dodd Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. 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 Hills of Stonebridge 2nd & 3rd I 1 ( 0 3 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 within Hills of Stonebridge 2nd & 3rd have a weighted average pavement condition rating of 42, which falls in the rankings of the "Patch /Repair and /or Overlay" category. 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 Hills of Stonebridge 2 & 3rd are shown in Figure 3. The existing street sections for these roadways consist of 3" bituminous pavement supported by 6" gravel base, and 32 feet in width. The existing bituminous surface will be adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1% -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City 44 -14 standards for residential streets. The =:'1 combination of patching and overlay will not ' . — eliminate cracking due to the temperature a' - -a ' ► '41kk r , extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective Hills of Stonebridge 2nd & 3rd I�� 4 cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. T14'r, Concrete curb & gutter - Damaged curb & gutter will { ` be replaced if severely cracked, spalled, or settled. It is estimated that approximately 8% of the existing L. 1 ., ,N. . concrete curb and gutter will have to be replaced. Kv ` =: v L., Boulevard turf will be removed and replaced. While ' 3-7-.-,-,:---.. I the contractor who performs the work is responsible I for its establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. 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. .) # t `, 0 III 1 k T " , . :..,.. Signage — Traffic and street identification signage within the -,4 $ pY - project limits has reached the end of its useful life and will be ♦ BAfh� 130- considered for replacement as part of this 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 allik f required by the MnMUTCD will be replaced to improve safety and i night time visibility. Existing signs which are not required by, or Hills of Stonebridge 2nd & 3rd 5 compliant with, 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. 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. 4 . 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. It is cost effective in that the proposed improvement (resurfacing) is considerably Tess 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. 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: Hills of Stonebridge 2nd & 3rd l\ 6 Hills of Stonebridge 2nd & 3rd • Mill & Overlay w/ Signage $ 293,400 • Repair Existing Concrete Curb & Gutter $ 83,700 Total $ 377,100 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 residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Residential 50% 50% Repair Existing Concrete Curb & Gutter 0% 100% Residential Lots — Street Revitalization Improvements (Hills of Stonebridge 2nd & 3rd) All residential lots (125 total single - family residential Tots) 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 maximum standard 32 -foot width. The estimated cost per single - family lot based on the City Assessment Policy is $1,175/lot and is calculated as follows: • 100% Residential Single - Family • $293,400 (Overlay + Sign Costs) x 50% = $146,700 Total Assessment • $146,700 (Total Assessment) = $1,175/ Lot Equivalent 125 SF Lots 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 Hills of Stonebridge 2nd & 3rd Ialp 7 improvements. The following payment schedule is an example of the estimated assessment with an estimated 5.0% interest for the assessed amounts: Single Family Residential Lot = $1,175 Principal Per Year Interest Per Year Cost Per Year I Fi rst Y ear $235 $73 $308 r Fifth Year - -- $235 - - - -- $ 12 � $247 - - -- i Revenue Source A summary of revenue sources is listed below: Project Cost Property City Assessment Contribution Mill and Overlay (Including Signage) $ 293,400 $ 146,700 $ 146,700 Repair Existing Curb $ 83,700 - $ 83,700 Totals $ 377,100 $ 146,700 $ 230,400 The City's Major Street Fund will finance the estimated project deficit of $230,400 (61% of total). Hills of Stonebridge 2nd & 3rd I 0 8 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing January 3, 2012 Informational Meeting January 30, 2012 Public Hearing February 8, 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 Hills of Stonebridge 2nd & 3rd 13.N1 9 Appendix A Preliminary Cost Estimate City Project 1064 Hills of Stonebridge 2nd/ 3rd Item No. Item Unit Unit Price Est Qty Estimated Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $ 10,000.00 1 $ 10,000.00 2232.501 Mill Bituminous Pavement (Edge Mill) SY $ 1.00 12000 $ 12,000.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 1900 $ 7,600.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 50.00 2900 $ 145,000.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 30 $ 3,000.00 2504.602 Adjust Gate Valve Box EA $ 125.00 8 $ 1,000.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 41 $ 16,400.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA $ 185.00 15 $ 2,775.00 2504.602 Repair Gate Valve Mid Section EA $ 300.00 6 $ 1,800.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 250.00 12 $ 3,000.00 SP -1 Signage Remove & Replace LS $ 7,400.00 1 $ 7,400.00 2563.601 Traffic Control LS $ 5,000.00 1 $ 5,000.00 Subtotal $ 214,975.00 5% Contingency Subtotal $ 10,748.75 $ 225,723.75 30% Indirect Costs $ 67,717.13 Part I - Bituminous Street Overlay $ 293,440.88 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 1300 $ 7,800.00 2104.505 Remove Concrete Valley Gutter SY $ 10.00 10 $ 100.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $ 15.00 20 $ 300.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 80 $ 8,000.00 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 36 $ 9,000.00 2506.602 Remove & Replace CB Casting EA $ 750.00 1 $ 750.00 2506.501 Remove & Replace Drainage Structure (CB) LF $ 500.00 7 $ 3,500.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 100.00 4 $ 400.00 2531.501 Concrete Curb and Gutter, Surmountable LF $ 17.00 1300 $ 22,100.00 2531.604 Concrete Valley Gutter - High Early SY $ 55.00 10 $ 550.00 2540.602 Repair Residential Landscaping EA $ 170.00 3 $ 510.00 2573.530 Storm Drain Inlet Protection EA $ 125.00 6 $ 750.00 2575.505 Sodding, Type Lawn (Highland) SY $ 7.00 400 $ 2,800.00 2575.551 Compost, Grade 1 TON $ 20.00 100 $ 2,000.00 Subtotal $ 61,310.00 5% Contingency $ 3,065.50 Subtotal $ 64,375.50 30% Indirect Costs $ 19,312.65 Part 11- Repair Existing Curb & Gutter $ 83,688.15 Part I - Bituminous Street Overlay $ 293,440.88 Part II - Repair Existing Curb & Gutter $ 83,688.15 Project 1064 Total Cost $ 377,129.03 I33 . Appendix B Preliminary Assessment Roll City Project 1064 - Hills of Stonebridge 2nd & 3rd Tilbury Way R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4051 Tilbury Way 10- 32991 - 040 -10 1 $1,175 $1,175 4056 Tilbury Way 10- 32991 - 012 -80 1 $1,175 $1,175 Subtotals 2 $2,350 States Avenue R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4060 States Avenue 10- 32992 - 041 -30 1 $1,175 $1,175 4063 States Avenue 10- 32992 - 031 -30 1 $1,175 $1,175 4064 States Avenue 10- 32992 - 041 -40 1 $1,175 $1,175 Subtotals 3 $3,525 Foxmoore Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4098 Foxmoore Court 10- 32991 - 010 -20 1 $1,175 $1,175 4094 Foxmoore Court 10- 32991 - 010 -30 1 $1,175 $1,175 4090 Foxmoore Court 10- 32991 - 010 -40 1 $1,175 $1,175 4086 Foxmoore Court 10- 32991 - 010 -50 1 $1,175 $1,175 4082 Foxmoore Court 10- 32991 - 010 -60 1 $1,175 $1,175 4077 Foxmoore Court 10- 32991 - 010 -70 1 $1,175 $1,175 4081 Foxmoore Court 10- 32991 - 010 -80 1 $1,175 $1,175 4085 Foxmoore Court 10- 32991 - 010 -90 1 $1,175 $1,175 4089 Foxmoore Court 10- 32991 - 011 -00 1 $1,175 $1,175 4093 Foxmoore Court 10- 32991 - 011 -10 1 $1,175 $1,175 Subtotals 10 $11,750 Albany Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4043 Albany Circle 10- 32992 - 030 -70 1 $1,175 $1,175 4047 Albany Circle 10- 32992 - 030 -80 1 $1,175 $1,175 4051 Albany Circle 10- 32992 - 030 -90 1 $1,175 $1,175 4046 Albany Circle 10- 32992 - 030 -60 1 $1,175 $1,175 4050 Albany Circle 10- 32992 - 030 -50 1 $1,175 $1,175 Subtotals 5 $5,875 \ 34 Camberwell Drive North R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4016 Camberwell Drive 10- 32992 - 031 -20 1 $1,175 $1,175 4017 Camberwell Drive N. 10- 32992 - 022 -20 1 $1,175 $1,175 4020 Camberwell Drive N. 10- 32992 - 031 -10 1 $1,175 $1,175 4021 Camberwell Drive N. 10- 32992 - 022 -30 1 $1,175 $1,175 4024 Camberwell Drive N. 10- 32992 - 031 -00 1 $1,175 $1,175 4027 Camberwell Drive N. 10- 32992 - 022 -40 1 $1,175 $1,175 4035 Camberwell Drive N. 10- 32992 - 022 -50 1 $1,175 $1,175 4040 Camberwell Drive N. 10- 32992 - 030 -40 1 $1,175 $1,175 4044 Camberwell Drive N. 10- 32992 - 030 -30 1 $1,175 $1,175 4047 Camberwell Drive N. 10- 32992 - 022 -60 1 $1,175 $1,175 4048 Camberwell Drive N. 10- 32992 - 030 -20 1 $1,175 $1,175 4051 Camberwell Drive N. 10- 32992 - 022 -70 1 $1,175 $1,175 4052 Camberwell Drive N. 10- 32992 - 030 -10 1 $1,175 $1,175 4055 Camberwell Drive N. 10- 32992 - 022 -80 1 $1,175 $1,175 4056 Camberwell Drive N. 10- 32991 - 040 -20 1 $1,175 $1,175 4059 Camberwell Drive N. 10- 32991 - 031 -60 1 $1,175 $1,175 4063 Camberwell Drive N. 10- 32991 - 031 -50 1 $1,175 $1,175 4064 Camberwell Drive N. 10- 32991 - 012 -70 1 $1,175 $1,175 4067 Camberwell Drive N. 10- 32991 - 031 -40 1 $1,175 $1,175 4068 Camberwell Drive N. 10- 32991 - 012 -60 1 $1,175 $1,175 4071 Camberwell Drive N. 10- 32991 - 031 -30 1 $1,175 $1,175 4072 Camberwell Drive N. 10- 32991 - 012 -50 1 $1,175 $1,175 4075 Camberwell Drive N. 10- 32991 - 031 -20 1 $1,175 $1,175 4076 Camberwell Drive N. 10- 32991 - 012 -40 1 $1,175 $1,175 4079 Camberwell Drive N. 10- 32991 - 031 -10 1 $1,175 $1,175 4080 Camberwell Drive N. 10- 32991 - 012 -30 1 $1,175 $1,175 4083 Camberwell Drive N. 10- 32991 - 031 -00 1 $1,175 $1,175 4091 Camberwell Drive N. 10- 32991 - 030 -30 1 $1,175 $1,175 4092 Camberwell Drive N. 10- 32991 - 011 -50 1 $1,175 $1,175 4095 Camberwell Drive N. 10- 32991 - 030 -20 1 $1,175 $1,175 4096 Camberwell Drive N. 10- 32991 - 011 -40 1 $1,175 $1,175 4099 Camberwell Drive N. 10- 32991 - 030 -10 1 $1,175 $1,175 4100 Camberwell Drive N. 10- 32991 - 011 -30 1 $1,175 $1,175 Subtotals 33 $38,775 Oxford Road R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 680 Oxford Road 10- 32992 - 050 -10 1 $1,175 $1,175 684 Oxford Road 10- 32992 - 050 -20 1 $1,175 $1,175 688 Oxford Road 10- 32992 - 050 -30 1 $1,175 $1,175 692 Oxford Road 10- 32992 - 050 -40 1 $1,175 $1,175 696 Oxford Road 10- 32992 - 050 -50 1 $1,175 $1,175 700 Oxford Road 10- 32992 - 050 -60 1 $1,175 $1,175 ' 704 Oxford Road 10- 32992 - 050 -70 1 $1,175 $1,175 693 Oxford Road 10- 32992 - 010 -50 1 $1,175 $1,175 697 Oxford Road 10- 32992 - 010 -40 1 $1,175 $1,175 701 Oxford Road 10- 32992 - 010 -30 1 $1,175 $1,175 705 Oxford Road 10- 32992 - 010 -20 1 $1,175 $1,175 Subtotals 11 $12,925 Camberwell Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 691 Camberwell Drive 10- 32991 - 010 -10 1 $1,175 $1,175 703 Camberwell Drive 10- 32991 - 011 -20 1 $1,175 $1,175 690 Camberwell Drive 10- 32991 - 020 -10 1 $1,175 $1,175 694 Camberwell Drive 10- 32991 - 020 -20 1 $1,175 $1,175 698 Camberwell Drive 10- 32991 - 020 -30 1 $1,175 $1,175 702 Camberwell Drive 10- 32991 - 020 -40 1 $1,175 $1,175 706 Camberwell Drive 10- 32991 - 020 -50 1 $1,175 $1,175 710 Camberwell Drive 10- 32992 - 010 -10 1 $1,175 $1,175 726 Camberwell Drive 10- 32992 - 050 -80 1 $1,175 $1,175 730 Camberwell Drive 10- 32992 - 050 -90 1 $1,175 $1,175 734 Camberwell Drive 10- 32992 - 051 -00 1 $1,175 $1,175 738 Camberwell Drive 10- 32992 - 050 -110 1 $1,175 $1,175 742 Camberwell Drive 10- 32992 - 051 -20 1 $1,175 $1,175 746 Camberwell Drive 10- 32992 - 051 -30 1 $1,175 $1,175 750 Camberwell Drive 10- 32992 - 051 -40 1 $1,175 $1,175 719 Camberwell Drive 10- 32992 - 020 -10 1 $1,175 $1,175 723 Camberwell Drive 10- 32992 - 020 -20 1 $1,175 $1,175 727 Camberwell Drive 10- 32992 - 020 -30 1 $1,175 $1,175 731 Camberwell Drive 10- 32992 - 020 -40 1 $1,175 $1,175 735 Camberwell Drive 10- 32992 - 020 -50 1 $1,175 $1,175 739 Camberwell Drive S. 10- 32992 - 020 -60 1 $1,175 $1,175 759 Camberwell Drive 10- 32992 - 021 -30 1 $1,175 $1,175 763 Camberwell Drive 10- 32992 - 021 -40 1 $1,175 $1,175 767 Camberwell Drive 10- 32992 - 021 -50 1 $1,175 $1,175 775 Camberwell Drive 10- 32992 - 021 -60 1 $1,175 $1,175 783 Camberwell Drive 10- 32992 - 021 -70 1 $1,175 $1,175 787 Camberwell Drive 10- 32992 - 021 -80 1 $1,175 $1,175 791 Camberwell Drive 10- 32992 - 021 -90 1 $1,175 $1,175 795 Camberwell Drive 10- 32992 - 022 -00 1 $1,175 $1,175 4013 Camberwell Drive 10- 32992 - 022 -10 1 $1,175 $1,175 758 Camberwell Drive 10- 32992 - 040 -10 1 $1,175 $1,175 762 Camberwell Drive 10- 32992 - 040 -20 1 $1,175 $1,175 766 Camberwell Drive 10- 32992 - 040 -30 1 $1,175 $1,175 778 Camberwell Drive 10- 32992 - 041 -00 1 $1,175 $1,175 782 Camberwell Drive 10- 32992 - 041 -10 1 $1,175 $1,175 786 Camberwell Drive 10- 32992 - 041 -20 1 $1,175 $1,175 Subtotals 36 $42,300 I Baffin Bay South R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4098 Baffin Bay 5. 10- 32991 - 030 -40 1 $1,175 $1,175 4102 Baffin Bay S. 10- 32991 - 030 -50 1 $1,175 $1,175 4106 Baffin Bay S. 10- 32991 - 030 -60 1 $1,175 $1,175 4110 Baffin Bay S. 10- 32991 - 030 -70 1 $1,175 $1,175 4101 Baffin Bay S. 10- 32991 - 030 -80 1 $1,175 $1,175 4097 Baffin Bay S. 10- 32991 - 030 -90 1 $1,175 $1,175 Subtotals 6 $7,050 Baffin Bay North R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4086 Baffin Bay N. 10- 32991 - 011 -60 1 $1,175 $1,175 4082 Baffin Bay N. 10- 32991 - 011 -70 1 $1,175 $1,175 4078 Baffin Bay N. 10- 32991 - 011 -80 1 $1,175 $1,175 4074 Baffin Bay N. 10- 32991 - 011 -90 1 $1,175 $1,175 4073 Baffin Bay N. 10- 32991 - 012 -00 1 $1,175 $1,175 4077 Baffin Bay N. 10- 32991 - 012 -10 1 $1,175 $1,175 4081 Baffin Bay N. 10- 32991 - 012 -20 1 $1,175 $1,175 Subtotals 7 $8,225 Barrow Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4150 Barrow Court 10- 32992 - 020 -70 1 $1,175 $1,175 4146 Barrow Court 10- 32992 - 020 -80 1 $1,175 $1,175 4142 Barrow Court 10- 32992 - 020 -90 1 $1,175 $1,175 4138 Barrow Court 10- 32992 - 021 -00 1 $1,175 $1,175 4143 Barrow Court 10- 32992 - 021 -10 1 $1,175 $1,175 4147 Barrow Court 10- 32992 - 021 -20 1 $1,175 $1,175 Subtotals 6 $7,050 Kingston Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4156 Kingston Court 10- 32992 - 040 -40 1 $1,175 $1,175 4160 Kingston Court 10- 32992 - 040 -50 1 $1,175 $1,175 4164 Kingston Court 10- 32992 - 040 -60 1 $1,175 $1,175 4165 Kingston Court 10- 32992 - 040 -70 1 $1,175 $1,175 4161 Kingston Court 10- 32992 - 040 -80 1 $1,175 $1,175 4157 Kingston Court 10- 32992 - 040 -90 1 $1,175 $1,175 Subtotals 6 $7,050 125 Single - Family Lots TOTAL ASSESSMENT $ 146,875 1 a7 Q \K ROAD L ( / / LONE OAK ROAD 55 h 0 0 m � L 7-6, O �° 6-5 z ''43 ■ I- O h� 1 i o " r< I .......) 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' �d` a 4077 { 40.01/4_, , % ,,. ...;,,, _ 4051 �*, ti ,.� 4047 4051 , f 4055 409 --f ' •. - ` � v ' `� '' ° � d ; tr . '' W0A, 4068 � �- • � * y • 4'4024 4 '- #r ;' 1 � � j � � r . b ' � —�a 1 �� Y ,�� � 1-;,t 4 l� fi 4063 � .c-� � P c "%� - + � 1�' � � °al � ' � � ) _ � � ' 4027 ,`' � vim t' w �� 4072 3 , •O ■ ;, E .""° E i _ _ ff•` 1 r '� na a 1 'pa -- -��'. 1. . + , I 4020 ' - ' fl - g •".," • - > � � j'f r "' 4076 ,� � , ", ; � � ; � � �! .�� 4067 .�Q �✓ � , . * ' ' _ � ~�-~ •• � y .,bra t'„ .,,My 4;„:',',.......4080 a. s f r "y y ' s '� � 'r t 406 3 * � 16 ' , ..e 1 .. � � � �. � - ' ' z ��i� 44, � � �� � ' . �`\ .o- j ° ` �* � '4086 IA I t .,. rF.� y �z. 19 ? 1 . r I 4075 '' ' r i 4 7 �� v rlN "'t. Avenu t �� fi ao79 ® s ' C zz ; i ` - u i law, . ` � 1 . . _> ' „, . r. 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''', ile * 4095 � t‘ t rit” � ; � - 4101. � :� ;, • a "4 A I � + S � " d 409 . th i d , I I ��,,r : i & 4'` , ` ■ # \ 4099 ® _� z A s t, `� X4102` e 719 �' �` b�^" ` t M ' ' hc�� O t � ;.4 '4110 1 c r r , ,, , ' 698 :t 694 . " :< , 690 A Ve t�, ®. J Q ., >o, yy 7 ;I ,. , �{-, a x ,� f' r 4c-t- ' 723 ., / ' & < 710 Af„P . fC[s ,. '..ermi�r ,(' 1 4106',3 ;. 706 F • / 727 ♦ 2 705 k ` �, yi „osit 731 ,.•. `O t •.: -' 4 *” ° H 4146 735 a ? ' O r �' F 701 * ::at �` r f 1 739 B. ,4i � J °► "� r 693 $4r A 1 ": t . �� ® ♦ 697 4,- t , ,, .. � t i . I 1 , , , 1 iii ~ ® � � :' °s ��.��.�'(AIt / t4 v ' 726 ® �� 7 exfordRoad Jacoh . ' ` , t `3a!►! # 3a 41,!--1- o ''z ,1 lir vim 4 r , Court 1 734 1 • ,fit : ° ,704 ° ° ai ( •1- • i trz � �' 738 . ' t . � s ,, rr , x � ' � � r* ' 750 746 ` �' t ; 700 1688, 684 ° 680 t 1 , . e. 3' _ ' � . . ,.- ! ` 1 6g6 692`la -t ; r T ° L:IUSERSIENGINEERINGICity Projects) „ ' .IIII' 2012 Street _ Hills of Stonebridge 2nd & 3rd 6onl . Project 10641 Fig 2A.mxd Q Street Revitalization - Project 1064 Fig 26 ; At� . Citv of RROflil Street Improvement Area 1� Date: 12/02/2011 0 Lv � 50' -60' ROW 28' -32' F -F �\ EX. CURB & GUTTER 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 50' - 60' ROW 28' -32' F -F —wag Ilso— EDGE MILL (6' -8' wide) Typ. Th_ .......: 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY REPLACE EX. CURB & BITUMINOUS TACK COAT GUTTER AS DIRECTED 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 12 • % Hills of Stonebridge 2nd & 3rd `Y City ()Hap Fig. 3 Typical Sections - Project 1064 Engineering Department 1 5 c HILLS OF STONEBRIDGE 2 ND/ 3RD Street Revitalization City Project No. 1064 Informational Meeting — 6:30 P.M. Monday, January 30, 2012 Eagan Room Attendance John Gorder, Assistant City Engineer, 2 residents representing 2 single - family properties (see attached sign -in sheet). Presentation of Project Details Gorder welcomed the property residents and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Questions/ Comments The residents did not have any questions or comments relating to the project. The meeting adjourned at 7:20 p.m. 13, INFORMATIONAL NEIGHBORHOOD MEETING Hills of Stonebridge 2nd & 3rd Project No. 1064 Monday, January 30, 2012 City of Eapll 6:30 p.m. — Eagan Room NAME ADDRESS bc4 (2 3eekl.e- r Limo T; ba tic, 2. .- 1-{ 0 G 3 hr 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 135 Agenda Information Memo February 8, 2012 Eagan City Council Meeting D. PROJECT 1067, HAWTHORNE WOODS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1067, Hawthorne Woods (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 various streets within the Hawthorne Woods neighborhood in southeast 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 January 3, 2012, the feasibility report for Project 1067 was presented to the City Council and a Public Hearing was scheduled for February 8 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 30 for the adjacent property owners to discuss the proposed improvements. Of the 239 total properties (238 single - family residential, 1 public facility – Pinewood School) proposed to be assessed under this improvement, 4 residents from 4 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, pagesi through] 5 • Informational Meeting Minutes, page)57 , ,, • 1 Report for Hawthorne Woods Neighborhood Street Revitalization City Project No. 1067 January 2012 .n - -1 • -� ®: ... r / / fir 4 pe 441,01b. City of E aaall memo To: Honorable Mayor and City Council From: John P. Gorder, Assistant City Engineer Date: January 2012 Re: Hawthorne Woods - Street Revitalization City Project No.: 1067 Attached is our report for the Hawthorne Woods Street Revitalization, City Project No. 1067. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be please to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. eI -, :: John P. Gorder r Date: 1 f ? //2 z Reg. No. 22813 Reviewed By: �Ll Department of Public Works Date: 1 — I - ( Z Reviewed B dk Finance Depa ment 10 Date: • 9) Z, 1 TABLE OF CONTENTS Page Executive Summary 1 Introduction /History 2 Scope 3 Area To Be Included 3 Street Pavement Evaluation 3 Proposed Improvements 4 Easements /Permits 6 Feasibility and Recommendations 6 Cost Estimate 7 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 137 Executive Summary Background Project Name Hawthorne Woods Project # 1067 Street Area 48,620 sq. yds Street Length 13,334' (2.5 miles) Hawthorne Woods Drive Constructed 1990 -1994 Hackmore Drive Overlayed - Streets Included Crimson Leaf Trail Bent Tree Lane Cracksealed - (plus 9 cul -de -sacs) Seal Coated 1995 -98, 2007 NE %, Section 25 South of Diffley Road Absolute Location Relative Location Township 27, Range 23 East of Dodd Rd Project Details Roadway/ trail resurfacing PCI Rating 45 Replacement of damaged Recommended Edge Mill and curb & gutter Improvement 1.5" Overlay Scope Adjustment /Replacement of: Curb Removal 10% sanitary /storm sewer Residential Lots 238 utility castings water gate valves street signage Public Facility Lots 1 Cost Estimate Property City Mill and Overlay (Including Signage) $ 492,200 $ 243,600 $ 248,600 Repair Existing Curb $ 216,600 - $ 216,600 Totals $ 708,800 $ 243,600 (34 %) $ 465,200 (66 %) 13 w Hawthorne Woods 1 January 2012 Neighborhood Street Revitalization Hawthorne Woods Eagan, Minnesota 4h,,, 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 2.5 miles of Hawthorne Woods residential streets, in southeast Eagan, have been identified for 2012 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this residential neighborhood were constructed between 1990 and 1994. 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 these streets were seal coated from 1995 to 1998, and 2007. 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 )1 Hawthorne Woods 2 Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. 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 is included in this project, if needed. q )' Scope This project will provide resurfacing (edge mill and overlay) for approximately 2.5 miles of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage. Area To Be Included Properties included in the project lie within the North %, Section 25, lying South of Diffley Road, East of Dodd Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. 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 (LID Hawthorne Woods 3 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 within Hawthorne Woods have a weighted average pavement condition rating of 45, which falls in the rankings of the "Patch /Repair and /or Overlay" category. 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. 4. Proposed Improvements Pavement — The proposed street improvements for Hawthorne Woods are shown in Figure 3. The existing street sections for these roadways consist of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a> 3 1% -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with i '`i current City standards for residential streets - r 3 9' The combination of patching and overlay will a ; i 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. �I Hawthorne Woods 4 .. Concrete curb & gutter - Damaged curb & gutter will s, j S( be replaced if severely cracked, spalled, or settled. It _ is estimated that approximately 10% of the existing • ti ... , T 'z,----- " concrete curb and gutter will have to be replaced. t ' �. Boulevard turf will be removed and replaced. While die t� °g the contractor who performs the work is responsible j" . . -s: for its establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Sidewalk /Path & Pedestrian Ramp — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable E warning is through the installation of truncated domes a , minimum of two feet in length across the width of all -' pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps along the existing trails. 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. h xi a k , It __ t ...„ :.: - , k` t ... ., L. iii --.,\:„. _ yyaa , fi t -- ■ r l I Li-'D Hawthorne Woods 5 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 project. Existing signage will be reviewed to 4 110' 4- determine if it is required by the Minnesota WOODS Manual on Uniform Traffic Control Devices DR (MnMUTCD). Existing signs which are � q , $ required by the MnMUTCD will be replaced to improve safety and night time visibility. Existing signs which are not required by, or compliant with, 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. 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. 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. 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 area. li Tsthorne Woods 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: Hawthorne Woods Mill & Overlay w/ Signage $ 492,200 Repair Existing Concrete Curb & Gutter $ 216,600 Total $ 708,800 Ifk Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Residential 50% 50% Repair Existing Concrete Curb & Gutter 0% 100% Residential Lots — Street Revitalization Improvements (Hawthorne Woods) All residential lots (238 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 maximum standard 32 -foot width. The estimated cost per single - family lot based on the City Assessment Policy is $960 /lot and is calculated as follows: 24,724 Front Feet / 26,668 Total Frontage = 92.7% $492,200 (Overlay + Sign Costs) x 50% x 93% = $228,900 Total R1 Assessment $228,900 (Total Assessment) = $960/ Lot Equivalent 238 SF Lots 14r thorne Woods 7 Public Facilities — Street Revitalization Improvements (Hawthorne Woods) All public facility lots adjacent to Dodd Road in the project area (Pinewood Elementary), as shown in Figure 2C, are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable to public facilities for collector and local streets, regardless of width. The estimated cost based on the City Assessment Policy is $14 /Front foot — Hackmore Dr. and is calculated as follows: % Public Facility Frontage = 1,077 F.F./26,668 Total Frontage = 4.0% [$492,200 (Overlay/ Sign Cost) x 75% x 4%] = $14,800 Total PF Assessment $14,800(Total Assessment) = $14 /Front Foot (Access on Hackmore Dr.) 1,077 Front Feet 4 - ) Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example of the estimated assessment with an estimated 5.0% interest for the assessed amounts: Single Family Residential Lot = $960 Principal Per Year Interest Per Year r Cost Per Year F irst Year $192 - - - ( $59 $251 I Fifth Year 1 $192 $ 10 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay (Including Signage) $ 492,200 $ 243,600 $ 248,600 Repair Existing Curb $ 216,600 - $ 216,600 Totals $ 708,800 $ 243,600 $ 465,200 The City's Major Street Fund will finance the estimated project deficit of $465,200 (66% of total) I ,,Hawthorne Woods 8 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing January 3, 2012 Informational Meeting January 30, 2012 Public Hearing February 8, 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 qwthorne Woods I 9 Appendix A Preliminary Cost Estimate City Project 1067 Hawthorne Woods Item No. Item Unit Unit Price Est Qty Estimated Cost Part 1- Bituminous Street Overlay 2021.501 Mobilization LS $ 10,000.00 1 $ 10,000.00 2232.501 Mill Bituminous Pavement (Edge Mill) SY $ 1.00 20000 $ 20,000.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 3300 $ 13,200.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 30 $ 3,000.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 55.00 4700 $ 258,500.00 2504.602 Adjust Gate Valve Box EA $ 125.00 20 $ 2,500.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 70 $ 28,000.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA $ 185.00 10 $ 1,850.00 2504.602 Repair Gate Valve Mid Section EA $ 155.00 11 $ 1,705.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 300.00 17 $ 5,100.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $ 750.00 2 $ 1,500.00 2582.503 Zebra Crosswalk White - Epoxy SF $ 3.00 384 $ 1,152.00 SP -1 Signage Remove & Replace LS $ 9,100.00 1 $ 9,100.00 2563.601 Traffic Control LS $ 5,000.00 1 $ 5,000.00 Subtotal $ 360,607.00 5% Contingency $ 18,030.35 Subtotal $ 378,637.35 30% Indirect Costs $ 113,591.21 Part I - Bituminous Street Overlay $ 492,228.56 Item No. 1 Item !Unit' Unit Price I Est Qty I Estimated Cost Part II - Repair Existing Curb & Gutter 2101.601 Remove Trail Overgrowth LS $ 1,200.00 1 $ 1,200.00 2104.501 Remove Concrete Curb and Gutter LF $ 6.00 3300 $ 19,800.00 2104.503 Remove Concrete Sidewalk (4 ") SF $ 0.60 4470 $ 2,682.00 2104.505 Remove Bituminous Trail SY $ 10.00 130 $ 1,300.00 2104.505 Remove Concrete Valley Gutter SY $ 10.00 5 $ 50.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $ 15.00 10 $ 150.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 130 $ 13,000.00 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) TON $ 75.00 95 $ 7,125.00 2504.602 Repair Residential Sprinkler Head EA $ 100.00 25 $ 2,500.00 2504.602 Repair Sprinkler System EA $ 250.00 3 $ 750.00 2506.602 Remove & Replace Casting (Catch Basin) EA $ 575.00 1 $ 575.00 2506.602 Adjust Frame & Ring Casting (CB) EA $ 250.00 46 $ 11,500.00 2506.602 Remove & Replace Drainage Structure w/ cstg (CB) LF $ 500.00 5 $ 2,500.00 2506.602 Remove & Replace Drainage Structure w/ cstg (6' MH) LF $ 700.00 4 $ 2,800.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 100.00 2 $ 200.00 2521.501 6" Concrete Walk - Bullnose SF $ 6.00 3610 $ 21,660.00 2521.501 4" Concrete Ped Ramp w /Wet Cast for Truncated Dome Inset SF $ 4.50 900 $ 4,050.00 2531.501 Concrete Curb and Gutter, B618 LF $ 17.00 250 $ 4,250.00 2531.501 Concrete Curb and Gutter, Surmountable LF $ 16.00 2750 $ 44,000.00 2531.604 Concrete Valley Gutter - High Early SY $ 55.00 5 $ 275.00 2531.618 Truncated Dome Detectable Warning Paver SF $ 42.00 216 $ 9,072.00 2540.602 Repair Residential Landscaping EA $ 170.00 7 $ 1,190.00 2573.530 Storm Drain Inlet Protection EA $ 125.00 3 $ 375.00 2575.505 Sodding, Type Lawn (Highland) SY $ 7.00 780 $ 5,460.00 2575.551 Compost, Grade 1 TON $ 20.00 112 $ 2,240.00 Subtotal $ 158,704.00 5% Contingency $ 7,935.20 Subtotal $ 166,639.20 30% Indirect Costs $ 49,991.76 Part II - Repair Existing Curb & Gutter $ 216,630.96 Part I - Bituminous Street Overlay $ 492,228.56 Part II - Repair Existing Curb & Gutter $ 216,630.96 Project 1067 Total Cost $ 708,859.52 (LI-1 Appendix B Preliminary Assessment Roll City Project 1067 Hawthorne Woods Crimson Leaf Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 612 CRIMSON LEAF CT 10- 12300- 040 -70 1 $960 $960 615 CRIMSON LEAF CT 10- 12300 - 040 -80 1 $960 $960 616 CRIMSON LEAF CT 10- 12300- 040 -60 1 $960 $960 619 CRIMSON LEAF CT 10- 12300- 040 -90 1 $960 $960 620 CRIMSON LEAF CT 10- 12300- 040 -50 1 $960 $960 623 CRIMSON LEAF CT 10- 12300- 041 -00 1 $960 $960 624 CRIMSON LEAF CT 10- 12300 - 040 -40 1 $960 $960 627 CRIMSON LEAF CT 10- 12300 - 041 -10 1 $960 $960 628 CRIMSON LEAF CT 10- 12300- 040 -30 1 $960 $960 631 CRIMSON LEAF CT 10- 12300- 041 -20 1 $960 $960 Subtotals 10 $9,600 Rosemary Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4262 ROSEMARY CT 10- 32170- 010 -80 1 $960 $960 4265 ROSEMARY CT 10- 32170- 010 -70 1 $960 $960 4266 ROSEMARY CT 10- 03900- 080 -21 1 $960 $960 4269 ROSEMARY CT 10- 32170- 010 -60 1 $960 $960 4270 ROSEMARY CT 10- 32170 - 020 -50 1 $960 $960 4273 ROSEMARY CT 10- 32170- 010 -50 1 $960 $960 4274 ROSEMARY CT 10- 32170 - 020 -40 1 $960 $960 4277 ROSEMARY CT 10- 32170- 010 -40 1 $960 $960 4278 ROSEMARY CT 10- 32170 - 020 -30 1 $960 $960 4281 ROSEMARY CT 10- 32170 -010 -30 1 $960 $960 4282 ROSEMARY CT 10- 32170 - 020 -20 1 $960 $960 4285 ROSEMARY CT 10- 32170- 010 -20 1 $960 $960 4286 ROSEMARY CT 10- 32170 - 020 -10 1 $960 $960 4289 ROSEMARY CT 10- 32170 - 010 -10 1 $960 $960 4290 ROSEMARY CT 10- 32150- 040 -10 1 $960 $960 4293 ROSEMARY CT 10- 32150- 010 -30 1 $960 $960 4294 ROSEMARY CT 10- 32150- 040 -20 1 $960 $960 4297 ROSEMARY CT 10- 32150- 010 -20 1 $960 $960 Subtotals 18 $17,280 Westchester Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4283 WESTCHESTER CIR 10- 32150- 040 -90 1 $960 $960 4284 WESTCHESTER CIR 10- 32150- 041 -00 1 $960 $960 4287 WESTCHESTER CIR 10- 32150- 040 -80 1 $960 $960 4288 WESTCHESTER CIR 10- 32150- 041 -10 1 $960 $960 4291 WESTCHESTER CIR 10- 32150- 040 -70 1 $960 $960 4292 WESTCHESTER CIR 10- 32150- 041 -20 1 $960 $960 4295 WESTCHESTER CIR 10- 32150 -040 -60 1 $960 $960 4296 WESTCHESTER CIR 10- 32150- 041 -30 1 $960 $960 4299 WESTCHESTER CIR 10- 32150- 040 -50 1 $960 $960 4300 WESTCHESTER CIR 10- 32150 -041 -40 1 $960 $960 Subtotals 10 $9,600 Hackmore Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 522 HACKMORE DR 10- 12302 - 010 -10 1 $960 $960 523 HACKMORE DR 10- 12302 -030 -10 1 $960 $960 527 HACKMORE DR 10- 12302- 030 -20 1 $960 $960 532 HACKMORE DR 10- 12302- 010 -70 1 $960 $960 536 HACKMORE DR 10- 12302 - 010 -80 1 $960 $960 540 HACKMORE DR 10- 12302- 010 -90 1 $960 $960 544 HACKMORE DR 10- 12302- 011 -00 1 $960 $960 545 HACKMORE DR 10- 12302 - 020 -20 1 $960 $960 548 HACKMORE DR 10- 12302 -011 -10 1 $960 $960 549 HACKMORE DR 10- 12302 - 020 -30 1 $960 $960 553 HACKMORE DR 10- 12302- 020 -40 1 $960 $960 I IW Hackmore Drive (continued) R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 557 HACKMORE DR 10- 12301- 020 -10 1 $960 $960 560 HACKMORE DR 10- 12301- 040 -10 1 $960 $960 564 HACKMORE DR 10- 12301- 040 -40 1 $960 $960 565 HACKMORE DR 10- 12301- 020 -20 1 $960 $960 568 HACKMORE DR 10- 12301 - 040 -50 1 $960 $960 572 HACKMORE DR 10- 12301- 040 -60 1 $960 $960 576 HACKMORE DR 10- 12301- 040 -70 1 $960 $960 580 HACKMORE DR 10- 12300 - 010 -10 1 $960 $960 584 HACKMORE DR 10- 12300- 010 -20 1 $960 $960 588 HACKMORE DR 10- 12300- 010 -30 1 $960 $960 589 HACKMORE DR 10- 12300- 040 -10 1 $960 $960 592 HACKMORE DR 10- 12300 - 010 -40 1 $960 $960 593 HACKMORE DR 10- 12300 - 040 -20 1 $960 $960 596 HACKMORE DR 10- 12300- 010 -50 1 $960 $960 600 HACKMORE DR 10- 12300 - 010 -60 1 $960 $960 616 HACKMORE DR 10- 12300 - 030 -20 1 $960 $960 620 HACKMORE DR 10- 12300- 030 -10 1 $960 $960 621 HACKMORE DR 10- 12300- 041 -30 1 $960 $960 624 HACKMORE DR 10- 12300- 050 -50 1 $960 $960 625 HACKMORE DR 10- 12300 - 041-40 1 $960 $960 628 HACKMORE DR 10- 12300 - 050-40 1 $960 $960 629 HACKMORE DR 10- 12300- 041 -50 1 $960 $960 632 HACKMORE DR 10- 12300- 050 -30 1 $960 $960 633 HACKMORE DR 10- 12300- 041 -60 1 $960 $960 636 HACKMORE DR 10- 12300 - 050 -20 1 $960 $960 637 HACKMORE DR 10- 12300 - 041 -70 1 $960 $960 640 HACKMORE DR 10- 12300- 050 -10 1 $960 $960 641 HACKMORE DR 10- 32150- 030 -10 1 $960 $960 644 HACKMORE DR 10- 32150- 020 -10 1 $960 $960 645 HACKMORE DR 10- 32150- 030 -20 1 $960 $960 649 HACKMORE DR 10- 32150- 030 -30 1 $960 $960 Subtotals 42 $40,320 Crimson Leaf Trail R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 636 CRIMSON LEAF TR 10- 12300- 010 -70 1 $960 $960 639 CRIMSON LEAF TR 10- 12300- 030 -30 1 $960 $960 640 CRIMSON LEAF TR 10- 12300 - 020 -10 1 $960 $960 643 CRIMSON LEAF TR 10- 12300 - 030-40 1 $960 $960 644 CRIMSON LEAF TR 10- 12300 - 020 -20 1 $960 $960 647 CRIMSON LEAF TR 10- 12300- 030 -50 1 $960 $960 648 CRIMSON LEAF TR 10- 12300- 020 -30 1 $960 $960 651 CRIMSON LEAF TR 10- 12300- 030 -60 1 $960 $960 652 CRIMSON LEAF TR 10- 12300- 020-40 1 $960 $960 655 CRIMSON LEAF TR 10- 12300 -030 -70 1 $960 $960 656 CRIMSON LEAF TR 10- 12300- 020 -50 1 $960 $960 659 CRIMSON LEAF TR 10- 12300 - 030 -80 1 $960 $960 660 CRIMSON LEAF TR 10- 12300- 020 -60 1 $960 $960 663 CRIMSON LEAF TR 10- 12300- 030 -90 1 $960 $960 664 CRIMSON LEAF TR 10- 12300 - 020-70 1 $960 $960 667 CRIMSON LEAF TR 10- 12303- 010 -70 1 $960 $960 668 CRIMSON LEAF TR 10- 12300 -020 -80 1 $960 $960 671 CRIMSON LEAF TR 10- 12303 - 010 -60 1 $960 $960 672 CRIMSON LEAF TR 10- 12303 - 020 -60 1 $960 $960 675 CRIMSON LEAF TR 10- 12303 - 010 -50 1 $960 $960 676 CRIMSON LEAF TR 10- 12303 - 020 -50 1 $960 $960 679 CRIMSON LEAF TR 10- 12303 - 010-40 1 $960 $960 680 CRIMSON LEAF TR 10- 12303 - 020-40 1 $960 $960 683 CRIMSON LEAF TR 10- 12303 - 010 -30 1 $960 $960 684 CRIMSON LEAF TR 10- 12303 - 020 -30 1 $960 $960 687 CRIMSON LEAF TR 10- 12303 - 010 -20 1 $960 $960 688 CRIMSON LEAF TR 10- 12303 - 020 -20 1 $960 $960 691 CRIMSON LEAF TR 10- 12303- 010 -10 1 $960 $960 692 CRIMSON LEAF TR 10- 12303- 020 -10 1 $960 $960 Subtotals 29 $27,840 I `I-9 Hawksbury Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4279 HAWSBURY CIR 10- 32151- 020 -60 1 $960 $960 4280 HAWSBURY CIR 10- 32151- 020 -70 1 $960 $960 4283 HAWSBURY CIR 10- 32151- 020 -50 1 $960 $960 4284 HAWSBURY CIR 10- 32151- 020 -80 1 $960 $960 4287 HAWSBURY CIR 10- 32151- 020 -40 1 $960 $960 4288 HAWSBURY CIR 10- 32151- 020 -90 1 $960 $960 4291 HAWSBURY CIR 10- 32151- 020 -30 1 $960 $960 4292 HAWSBURY CIR 10- 32151- 021 -00 1 $960 $960 4295 HAWSBURY CIR 10- 32151- 020 -20 1 $960 $960 4296 HAWSBURY CIR 10- 32151- 021 -10 1 $960 $960 4299 HAWSBURY CIR 10- 32151- 020 -10 1 $960 $960 4300 HAWSBURY CIR 10- 32151- 021 -20 1 $960 $960 4304 HAWSBURY CIR 10- 32151- 021 -30 1 $960 $960 Subtotals 13 $12,480 Dorchester Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4321 DORCHESTER CT 10- 32150- 030 -80 1 $960 $960 4325 DORCHESTER CT 10- 32150- 030 -90 1 $960 $960 4329 DORCHESTER CT 10- 32150 -031 -00 1 $960 $960 4332 DORCHESTER CT 10- 32150- 032 -00 1 $960 $960 4333 DORCHESTER CT 10- 32150- 031 -10 1 $960 $960 4336 DORCHESTER CT 10- 32150- 031 -90 1 $960 $960 4337 DORCHESTER CT 10- 32150- 031 -20 1 $960 $960 4340 DORCHESTER CT 10- 32150- 031 -80 1 $960 $960 4341 DORCHESTER CT 10- 32150- 031 -30 1 $960 $960 4344 DORCHESTER CT 10- 32150- 031 -70 1 $960 $960 4345 DORCHESTER CT 10- 32150- 031 -40 1 $960 $960 4348 DORCHESTER CT 10- 32150- 031 -60 1 $960 $960 4349 DORCHESTER CT 10- 32150- 031 -50 1 $960 $960 Subtotals 13 $12,480 Dartmouth Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4279 DARTMOUTH CT 10- 32151- 021 -90 1 $960 $960 4280 DARTMOUTH CT 10- 32151- 022 -00 1 $960 $960 4283 DARTMOUTH CT 10- 32151- 021 -80 1 $960 $960 4284 DARTMOUTH CT 10- 32151- 022 -10 1 $960 $960 4287 DARTMOUTH CT 10- 32151- 021 -70 1 $960 $960 4288 DARTMOUTH CT 10- 32151 -022 -20 1 $960 $960 4291 DARTMOUTH CT 10- 32151- 021 -60 1 $960 $960 4292 DARTMOUTH CT 10- 32151 - 022 -30 1 $960 $960 4295 DARTMOUTH CT 10- 32151 -021 -50 1 $960 $960 4296 DARTMOUTH CT 10- 32151- 022 -40 1 $960 $960 4299 DARTMOUTH CT 10- 32151- 021 -40 1 $960 $960 Subtotals 11 $10,560 Hawthorne Woods Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 501 HAWTHORNE WOODS DR 10- 32151- 023 -90 1 $960 $960 502 HAWTHORNE WOODS DR 10- 03900 - 020 -10 1 $960 $960 505 HAWTHORNE WOODS DR 10- 32151- 023 -80 1 $960 $960 506 HAWTHORNE WOODS DR 10- 32151- 041 -20 1 $960 $960 509 HAWTHORNE WOODS DR 10- 32151- 023 -70 1 $960 $960 510 HAWTHORNE WOODS DR 10- 32151- 041 -10 1 $960 $960 513 HAWTHORNE WOODS DR 10- 32151- 023 -60 1 $960 $960 514 HAWTHORNE WOODS DR 10- 32151- 041 -00 1 $960 $960 517 HAWTHORNE WOODS DR 10- 32151- 023 -50 1 $960 $960 518 HAWTHORNE WOODS DR 10- 32151- 040 -90 1 $960 $960 521 HAWTHORNE WOODS DR 10- 32151- 023 -40 1 $960 $960 522 HAWTHORNE WOODS DR 10- 32151- 040 -80 1 $960 $960 525 HAWTHORNE WOODS DR 10- 32151- 023 -30 1 $960 $960 526 HAWTHORNE WOODS DR 10- 32151- 040 -70 1 $960 $960 529 HAWTHORNE WOODS DR 10- 32151- 023 -20 1 $960 $960 I St Hawthorne Woods Drive (continued) R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 530 HAWTHORNE WOODS DR 10 32151 040 - 60 1 $960 $960 533 HAWTHORNE WOODS DR 10- 32151- 023 -10 1 $960 $960 534 HAWTHORNE WOODS DR 10- 32151- 040 -50 1 $960 $960 537 HAWTHORNE WOODS DR 10- 32151- 023 -00 1 $960 $960 538 HAWTHORNE WOODS DR 10 32151 040 - 40 1 $960 $960 541 HAWTHORNE WOODS DR 10- 32151- 022 -90 1 $960 $960 542 HAWTHORNE WOODS DR 10- 32151- 040 -30 1 $960 $960 545 HAWTHORNE WOODS DR 10 32151 022 - 80 1 $960 $ 960 546 HAWTHORNE WOODS DR 10- 32151- 040 -20 1 $960 $960 549 HAWTHORNE WOODS DR 10- 32151- 022 -70 1 $960 $960 550 HAWTHORNE WOODS DR 10- 32151- 040 -10 1 $960 $960 553 HAWTHORNE WOODS DR 10- 32151- 022 -60 1 $960 $960 554 HAWTHORNE WOODS DR 10- 32151- 030 -20 1 $960 $960 557 HAWTHORNE WOODS DR 10- 32151- 022 -50 1 $960 $960 558 HAWTHORNE WOODS DR 10- 32151- 030 -10 1 $960 $960 568 HAWTHORNE WOODS DR 10 32151 010 - 60 1 $960 $960 570 HAWTHORNE WOODS DR 10- 32151- 010 -50 1 $960 $960 572 HAWTHORNE WOODS DR 10- 32151- 010-40 1 $960 $960 574 HAWTHORNE WOODS DR 10- 32151- 010 -30 1 $960 $960 576 HAWTHORNE WOODS DR 10- 32151- 010 -20 1 $960 $960 577 HAWTHORNE WOODS DR 10 32150 041 - 60 1 $960 $960 578 HAWTHORNE WOODS DR 10- 32151- 010 -10 1 $960 $960 581 HAWTHORNE WOODS DR 10- 32150- 041 -50 1 $960 $960 588 HAWTHORNE WOODS DR 10 32150 030 - 70 1 $960 $960 592 HAWTHORNE WOODS DR 10 - 32150 030 - 1 $960 $960 593 HAWTHORNE WOODS DR 10- 32150- 040-40 1 $960 $960 596 HAWTHORNE WOODS DR 10- 32150- 030 -50 1 $960 $960 597 HAWTHORNE WOODS DR 10- 32150- 040 -30 1 $960 $960 600 HAWTHORNE WOODS DR 10- 32150- 030 -40 1 $960 $960 603 HAWTHORNE WOODS DR 10 32150 010 - 10 1 $960 $960 Subtotals 45 $43,200 Bent Tree Lane R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4347 BENT TREE LN 10- 12302- 030 -30 1 $960 $960 4350 BENT TREE LN 10- 12302- 020 -10 1 $960 $960 4351 BENT TREE LN 10- 12302 - 030-40 1 $960 $960 4355 BENT TREE LN 10- 12302 -030 -50 1 $960 $960 4359 BENT TREE LN 10- 12302 - 030 -60 1 $960 $960 4360 BENT TREE LN 10- 12302 - 020 -90 1 $960 $960 4363 BENT TREE LN 10- 12302 - 030 -70 1 $960 $960 4367 BENT TREE LN 10- 12302- 030 -80 1 $960 $960 4370 BENT TREE LN 10- 12302 - 020 -80 1 $960 $960 4371 BENT TREE LN 10- 12302 -030 -90 1 $960 $960 4374 BENT TREE LN 10- 12302 - 020-70 1 $960 $960 4375 BENT TREE LN 10- 12302- 031 -00 1 $960 $960 4378 BENT TREE LN 10- 12302 - 020 -60 1 $960 $960 4379 BENT TREE LN 10- 12301- 010 -10 1 $960 $960 4382 BENT TREE LN 10- 12302- 020 -50 1 $960 $960 4383 BENT TREE LN 10- 12301- 010 -20 1 $960 $960 4386 BENT TREE LN 10- 12302 - 020 -40 1 $960 $960 4387 BENT TREE LN 10- 12301- 010 -30 1 $960 $960 4390 BENT TREE LN 10- 12302- 020 -30 1 $960 $960 4391 BENT TREE LN 10- 12301 - 010-40 1 $960 $960 Subtotals 20 $19,200 Tofte Lane R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4392 TOFTE EN 10- 12301- 030 -10 1 $960 $960 4396 TOFTE LN 10- 12301 - 030 -20 1 $960 $960 4400 TOFTE EN 10- 12301- 030 -30 1 $960 $960 4401 TOFTE LN 10- 12301 - 040 -20 1 $960 $960 4404 TOFTE LN 10- 12301 - 030-40 1 $960 $960 4405 TOFTE LN 10- 12301 - 040 -30 1 $960 $960 4408 TOFTE LN 10- 12301- 030 -50 1 $960 $960 Subtotals 7 $6,720 151 Hackmore Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 515 HACKMORE CT 10- 12302 - 010 -30 1 $960 $960 516 HACKMORE CT 10- 12302 - 010 -40 1 $960 $960 520 HACKMORE CT 10- 12302 - 010 -50 1 $960 $960 521 HACKMORE CT 10- 12302- 010 -20 1 $960 $960 524 HACKMORE CT 10- 12302- 010 -60 1 $960 $960 Subtotals 5 $4,800 Eastwood Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 516 EASTWOOD CT 10- 32152- 020 -70 1 $960 $960 520 EASTWOOD CT 10- 32152- 020 -80 1 $960 $960 521 EASTWOOD CT 10- 32152- 020 -60 1 $960 $960 524 EASTWOOD CT 10- 32152- 020 -90 1 $960 $960 525 EASTWOOD CT 10- 32152- 020 -50 1 $960 $960 528 EASTWOOD CT 10- 32152 -021 -00 1 $960 $960 529 EASTWOOD CT 10- 32152- 020-40 1 $960 $960 532 EASTWOOD CT 10- 32152- 021 -10 1 $960 $960 533 EASTWOOD CT 10- 32152- 020 -30 1 $960 $960 536 EASTWOOD CT 10- 32152- 021 -20 1 $960 $960 537 EASTWOOD CT 10- 32152- 020 -20 1 $960 $960 540 EASTWOOD CT 10- 32152- 021 -30 1 $960 $960 541 EASTWOOD CT 10- 32152- 020 -10 1 $960 $960 542 EASTWOOD CT 10- 32152- 010 -20 1 $960 $960 546 EASTWOOD CT 10- 32152- 010 -10 1 $960 $960 Subtotals 15 $14,400 TOTAL SF LOT ASSESSMENTS 238 $228,480 Public Facility P.I.N. Front Ft Unit Assessment Total Pinewood Elementary - 4300 DODD ROAD 10- 72550 -01 -010 1077 $14 $15,078 Subtotals $15,078 TOTAL ASSESSMENTS 1 $243,558 Front Footage Summary Single - Family 24,724 92.7% Public Facility (Pinewood Elementary) 1,077 4.0% Unassessable (Easement, Sideyard) 867 3.3% Total 26,668 100.0% Is , u K —1---- c 2-f- , 37 11) . WESCOTT DR. ill _—_-_- 4 low L.Lit, ti z i it ,- o z x w Jig J DIFFLEY ROAD ` • \ [ 1 1 � Ii14 Project Location 11114111 31 eff i '' WgpE (Wy Ow II �E� RD. • Q O �7O. co o p r o fzj 4". / j ► ti CLIFF ROAD r� 8/17/20,1 Hawthorne Woods *City of Ea aii Street Revitalization - Project 1067 Fig. 1 153 Location Map Engineering Department kJV ' y S, C - "! { � �c a ': Sm . .?i• '.[ :'an tom'. 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Monday, January 30, 2012 Eagan Room Attendance John Gorder, Assistant City Engineer, 4 residents representing 4 single - family properties (see attached sign -in sheet). Presentation of Project Details Gorder welcomed the property residents and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Questions/ Comments After heavy rains, there is water seeping up by the curb on a portion of Eastwood Court. City staff will investigate, and if ground water is causing pavement failure, the extension of drain tile to the area will be considered. The residents did not have any other questions or comments relating to the project. The meeting adjourned at 8:00 p.m. /S9 INFORMATIONAL NEIGHBORHOOD MEETING Hawthorne Woods Project No. 1067 Monday, January 30, 2012 City of Eapll 7:30 p.m. — Eagan Room NAME ADDRESS 1. ) CAW C.t )O+ 4. 553c-0 1/4 1>, r - P Le,,i 4-43 6 3. C-1 . • 4. �'C ?Jf L) 2 ' S erw� 0)c _, P �� 5. 6. 7. 8. 9. 10. 11. 12. 13. /OD Agenda Information Memo February 8, 2012 Eagan City Council Meeting E. PROJECT 1077, NORTHVIEW PARK RDBRADDOCK TRL/ELRENE RD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1077, Northview Park Road/ Braddock Trail/ Elrene Road (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 Northview Park Road, Braddock Trail, and Elrene Road neighborhood in southeast 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 January 3, 2012, the feasibility report for Project 1077 was presented to the City Council and a Public Hearing was scheduled for February 8 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 31 for the adjacent property owners to discuss the proposed improvements. Of the 72 total properties (62 single - family residential, 1 public facility — Eagan High School/ Dakota Hills Middle School, 9 City parks) proposed to be assessed under this improvement, 5 residents from 4 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 athrough • Informational Meeting Minutes, page ' —' q 1 Jot bus pagz i "�en Lek l' blank Ica 4, 10. City of Ea all � Report for Northview Park Road/ Braddock Trail/ Elrene Road Street Revitalization City Project No. 1077 January 2012 , / 1 E: _ q J • j . .m r w l 5 4 0. Cit o f E a� memo � To: Honorable Mayor and City Council From: John P. Gorder, Assistant City Engineer Date: January, 2012 Re: Northview Park Road/ Braddock Trail/ Elrene Road - Street Revitalization City Project No.: 1077 Attached is our report for the Northview Park Road/ Braddock Trail/ Elrene Road Street Revitalization, City Project No. 1077. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be please to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ti'. �' 'K1 John P. Gorder Date: // ' 0012- Reg. No. 22813 Reviewed By: Department of Public Woo Date: — 3 ( 2 Reviewed : Finance Dep : rtment Date: 3 / J (e+ 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 4 Easements /Permits 8 Cost Estimate 8 Assessments 9 Assessment Financing Options 10 Revenue Source 10 Project Schedule 11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Maps - 3 Typical Sections — Mill & Overlay Executive Summary Background Pro ect Name Northview Park Road/ Braddock Trail/ Elrene Road Project # 1077 Street Area 19,206 sq. yd. Street Length 14,996' (2.8 Miles) Constructed 1987 - 88 Northview Park Road Overlayed - Streets Included Braddock Trail Elrene Road Cracksealed - Seal Coated 1992 -93, 1996, 2000, 2002 Sections 23, 24 Relative North of Diffley Road Absolute Location Location East of Lexington Township 27, Range 23 Avenue Project Details Roadway resurfacing PCI Rating 53 Replacement of damaged curb & Recommended Edge Mill, Joint gutter Improvement Repair and Overlay Ped Ramp/ Crosswalk Curb Removal 7% Improvements/ Trail Overlays Scope Adjustment/ Replacement of: sanitary/ storm sewer utility Residential Lots 62 castings water gate valves Park /Public Facility street signage Lots 10 Cost Estimate Property City Mill & Overlay w/ Signage $646,300 $194,600 $451,700 Repair Existing Curb & Gutter, $453,500 $453,700 Ped Ramp/ Crosswalks = Total $1,099,800 $194,600 (18 %) $905,200 (82 %) Northview Park fioad /graddock Trail /Elrene Road 1 January 2012 Street Revitalization Northview Park Road /Braddock Trail/ Elrene Road Eagan, Minnesota Introduction/ History Pavement Management — As a part of Eagan's Pavement 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 Northview Park Road/ Braddock Trail/ Elrene Road neighborhood collector streets in east - central Eagan, approximately 2.8 miles in total length, have been identified for 2012 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. These streets in this residential and public facility neighborhood were constructed in 1987 and 1988. 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 roadways located within the project area, which are in the 20 -25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that sections of these streets were seal coated in 1992, 1993, 1996, 2000 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 11/7 Northview Park Road /Braddock Trail /Elrene Road 2 streets under consideration where necessary. These repairs alone will not substantially extend the life expectancy of the street section unless 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 with 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 is included in this project, if needed. Scope This project will provide resurfacing (edge mill and overlay) for approximately 3 miles of roadway. Project limits are illustrated in Appendix C, Figure 2. The following improvements are also included in this project: replacement of damaged curb and gutter, adjustment and /or replacement of sanitary/ storm sewer utility castings, water gate valves, street signage, and pedestrian crosswalk and ramp improvements. Area To Be Included Properties included in the project lie within Sections 23 and 24, lying North of Diffley Road, East of Lexington Avenue, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. 4 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 these streets. 1 Northview Park Road /Braddock Trail /Elrene Road 3 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. 4 1*, , 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 the street segments of Northview Park Road/ Braddock Trail/ Elrene Road have a weighted average of 53, which falls in the "Patch /Repair and /or Overlay" category. 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 existing street section for these collector roadways consists of 5" to 8" bituminous pavement supported by 9" to 12" �— I leg Northview Park Road/Braddo 4 gravel base (36 to 48 feet in width). The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1% -inch bituminous overlay. The overlay, combined with the existing street section, would provide a street section consistent with current City standards for neighborhood collector streets. Some existing severe lateral pavement cracking areas on Northview Park Road and Elrene Road will be removed and patched prior to the overlay. 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. The proposed street pavement improvements for Northview Park Road/ Braddock Trail/ Elrene Road are detailed in Figure 3. Concrete Curb & Gutter — Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 7% of the existing concrete curb and gutter in this project area will have to be replaced. Boulevard turf will be removed and replaced. The ^` contractor who performs the work is responsible `"' for the establishment of the new turf in the first 30 't .., f ' days after placement, though adjacent property owners are encouraged to consistently water it, ice ■ 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. Northview Park Road /Braddock Trail /Elrene Road 5 r - \ „, „ , , . ,,,,.. , . , , 1 E 4 T f .r � � r , { , ' -- 1, W * ,..., , ,_, ,--,41- N.- vt ' ., . P 4 .. Pedestrian Ramp/ Trail Overlays — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps, and re- grading of associated segments of trail in accordance with ADA requirements. In addition, portions of the existing trails along Northview Park Road, Braddock Trail, and Elrene Road will be cleared of overgrowth and a 1 -1/2" bituminous overlay constructed on segments not recently overlayed. Signage - Traffic and street identification signage R T . iT1 MPG within the project limits has reached the end of its useful Np H Ni1 - life and will be considered for replacement as part of this + B 00( TG• = . project. Existing signage will be reviewed to determine if—'''`�.... it is required by the Minnesota Manual on Uniform r„ '' ` € ; _`a Traffic Control Devices (MnMUTCD). Existing signs which N. - , , are required by the MnMUTCD will be replaced to I 7 Northview Park Road /Braddock Trail /Elrene Road 6 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 Dakota Electric Association) are in good condition and provide adequate coverage at the street intersections. Street lights at the Braddock Trail/ Ventnor Avenue and Braddock Trail/ Pennsylvania Avenue have been upgraded from ornamental residential lights to larger mast arm lights, to improve lighting conditions at those intersections. Eagan High School/ Dakota Hills Middle School/ Braddock Trail - Vehicle & Pedestrian Circulation — In response to on -going traffic concerns during peak hours, the vehicle and pedestrian traffic circulation on Braddock Trail at Eagan High School/ Dakota Hills Middle School and within the schools' parking/ service drive areas was monitored and evaluated comprehensively by City staff and traffic consultants. Among a few items, the main circulation issue was determined to be during the morning peak times, when the Eagan High incoming traffic entering the parking lot to park and drop off at the east High School entrance back up onto Braddock Trail, with the backup on southbound Braddock Trail reaching back to Northview Park Road. The large volume of vehicle traffic also creates difficult pedestrian access situations, particularly at the Pennsylvania Avenue/ south EHS entrance and the Ventnor/ north EHS entrance on Braddock Trail. City staff and consultants have met with ISD 196 representatives to review and discuss the vehicle and pedestrian issues in the area, and offer potential solutions. Most of the potential solutions involve signage and striping, and physical improvements within the schools' parking/ service drive areas. ISD 196 representatives are evaluating the scope and timing of improvements on the school site. As a result of the review of traffic and pedestrian activity on Braddock Trail, it is proposed under this project to install crosswalk pavement markings and signage at the Pennsylvania Avenue/ south EHS entrance and the Ventnor/ north EHS entrance intersections, in accordance with the City's Crosswalk Policy. As mentioned above, the street lights have also been upgraded at these intersections to improve pedestrian visibility. 17D, Northview Park Road /Braddock Trail /Elrene Road 7 L kr y a ' ' f . ' , . I — I :,'. E �` 1 Crosswa P ernent �' L - • M Sig age _ � I. j 1i Upgrades r t '- , 1 — r .0 s r w, ��� r - `� ._ �': , L._ �' :.- r r_,Braddea Tr ,> P en tvama Ave / ` t.. . . �� _, Easements/ Permits All work will be in the public right -of -way. No additional easements will be necessary. A permit from Dakota County Transportation Department will be necessary for the work within Lexington Avenue (Co. Rd. 43) at Northview Park Road and within Diffley Road (Co. Rd. 30) at Braddock Trail. 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: Northview Park Road/ Braddock Trail/ Elrene Road Mill & Overlay w/ signage $ 646,300 Repair Existing Concrete C & G/ Trail Overlays/ Ped Ramps $ 453,500 Total $1,099,800 113 Northview Park Road /Braddock Trail /Elrene Road 8 . u'. Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential collector 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% Mill & Overlay — Community Park 75% 25% Mill & Overlay — Public Facility 100% 0% Repair Existing Concrete Curb & Gutter 0% 100% Street Improvements — Residential Lots All residential lots (62 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 residential collector streets, based on a standard 32 -foot width. The average street width within the project area is 37.5 feet. The estimated cost per single - family lot based on the City Assessment Policy is $830/ lot and is calculated as follows: 5,565 Front Feet / 29,992 Total Frontage = 18.6% $646,300 (Overlay + Sign Costs) x 50% x 18.6% x 32/37.5 = $51,300 Total R1 Assessment $51,300 (Total Assessment) = $830/ Lot Equivalent 62 SF Lots Street Improvements — Community Parks All City parks (Northview/ Bridle Ridge/ Wandering Park) adjacent to the streets within the project area, as shown in Figure 2, are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable to parks for collector streets, 1 - 14 Northview Park Road /Braddock Trail /Elrene Road 9 regardless of width. The average street width within the project area is 37.5 feet. The estimated cost per front foot to be assessed based on the City Assessment Policy is $16/ front foot and is calculated as follows: 4,481 Front Feet / 29,992 Total Frontage = 14.9% $646,300 (Overlay + Sign Costs) x 75% x 14.9% = $72,200 Total Parks Assessment $72,200 (Total Assessment) = $16/ Front Foot 4,481 Front Feet Street Improvements - Public Facility (Eagan High School/ Dakota Hills Middle School) All public facility lots (Eagan High School / Dakota Hills Middle School) adjacent to streets in the project area, as shown in Figure 2, are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are also assessable to public facilities for collector streets, regardless of width. The estimated cost per front to be assessed based on the City's Assessment Policy is $16 /Front Foot and is calculated as follows: 4,466 Front Feet / 29,992 Total Frontage = 14.9% $646,300 (Overlay + Sign Costs) x 75% x 14.9% = $72,200 Total Public Facility Assessment $72,200 (Total Assessment) = $16/ Front Foot 4,466 Front Feet Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years for residential lots and ten years for City parks and public facility lots with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedules are examples of the estimated assessments with an estimated 5% interest for the assessed amounts: Residential Lot = $830 r � Principal Per Year i Interest Per Year Cost Per Year j First Year $166 $52 $218 [ Year $166 $ 8 r $174 I Northview Park Road /Braddock Trail /Elrene Road 10 Parks/ Public Facility Lots = per $1,000 Assessment Principal Per Year Interest Per Year ! Cost Per Year First Year $100 $50 $150 Tenth Year $100 $ 5 $105 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay (Including Signage) $646,300 $194,600 $451,700 Repair Existing Curb $453,500 $453,500 Totals $ 1,099,800 $194,600 $905,200 The City's Major Street Fund will finance the estimated remaining project deficit of $905,200 (82% of total). 41 1W Project Schedule Present Feasibility Report to City Council/ Order Public Hearing January 3, 2012 Informational Meeting January 31, 2012 Public Hearing February 8, 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, 2013 114 Northview Park Road /Braddock Trail /Elrene Road 11 Appendix A Preliminary Cost Estimate City Project 1077 Northview Park Road /Braddock Trail /Elrene Road Item No. Item Unit Unit Price Est Qty Estimated Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $ 10,000.00 1 $ 10,000.00 2232.501 Mill Bituminous Pavement (Edge Mill) SY $ 1.00 20000 $ 20,000.00 2232.501 Remove Bituminous Pavement (Joint Repair) SY $ 10.00 1000 $ 10,000.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 3800 $ 15,200.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 150 $ 15,000.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 50.00 5800 $ 290,000.00 2360.501 SP WEA340B Wearing Course Mixture (Patch/ Joint Repair) TON $ 100.00 165 $ 16,500.00 2504.602 Adjust Gate Valve Box EA $ 125.00 28 $ 3,500.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 65 $ 26,000.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA $ 185.00 4 $ 740.00 2504.602 Repair Gate Valve Mid Section EA $ 155.00 9 $ 1,395.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 300.00 20 $ 6,000.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $ 750.00 2 $ 1,500.00 2582.501 Pavement Message Arrow (Left) - Epoxy EA $ 105.00 12 $ 1,260.00 2582.501 Pavement Message Arrow (Right) - Epoxy EA $ 105.00 13 $ 1,365.00 2582.501 Pavement Message Arrow (Right/Thru) - Epoxy EA $ 170.00 4 $ 680.00 2582.502 24" Solid Line White - Epoxy LF $ 7.00 85 $ 595.00 2582.502 24" Solid Line Yellow - Epoxy LF $ 5.50 50 $ 275.00 2582.502 4" Double Solid Line Yellow- Epoxy LF $ 0.60 16420 $ 9,852.00 2582.502 4" Solid Line White -Epoxy LF $ 0.30 18000 $ 5,400.00 2582.502 12" Solid Line White - Epoxy LF $ 4.03 145 $ 584.35 2582.503 Zebra Crosswalk White - Epoxy SF $ 3.00 1000 $ 3,000.00 2565.602 NMC Loop Detector 6' x 6' EA $1,000.00 6 $ 6,000.00 SP -1 Signage Remove & Replace LS $ 24,600.00 1 $ 24,600.00 2563.601 Traffic Control LS $ 4,000.00 1 $ 4,000.00 Subtotal $ 473,446.35 5% Contingency $ 23,672.32 Subtotal $ 497,118.67 30% Indirect Costs $ 149,135.60 Part I - Bituminous Overlay $ 646,254.27 Item No. Item Unit Unit Price Est Qty Estimated Cost Part II - Repair Existing Curb & Gutter Trail Overlay/ Ped Ramps 2101.601 Remove Trail Overgrowth LS $ 1,200.00 1 $ 1,200.00 2104.501 Remove Concrete Curb and Gutter LF $ 6.00 2035 $ 12,210.00 2104.505 Remove Bituminous Pavement SY $ 10.00 150 $ 1,500.00 2105.501 Common Excavation - Ped Ramps / Trail Modifications CY $ 10.00 300 $ 3,000.00 2104.505 Remove Concrete Valley Gutter SY $ 10.00 30 $ 300.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $ 15.00 150 $ 2,250.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 90 $ 9,000.00 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) TON $ 130.00 1600 $ 208,000.00 2504.602 Repair Residential Sprinkler Head EA $ 100.00 15 $ 1,500.00 2504.602 Repair Sprinkler System EA $ 250.00 2 $ 500.00 2506.602 Remove & Replace Casting (Catch Basin) EA $ 700.00 2 $ 1,400.00 2506.602 Adjust Frame & Ring Casting (CB) EA $ 250.00 36 $ 9,000.00 2506.602 Remove & Replace Drainage Structure w/ cstg LF $ 500.00 35 $ 17,500.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 100.00 2 $ 200.00 2521.501 4" Concrete Ped Ramp w /Wet Cast for Truncated Dome Inset SF $ 4.50 1250 $ 5,625.00 2531.501 Concrete Curb and Gutter, D412 LF $ 15.00 805 $ 12,075.00 2531.501 Concrete Curb and Gutter, 8618 LF $ 17.00 1230 $ 20,910.00 2531.604 Concrete Valley Gutter - High Early SY $ 55.00 30 $ 1,650.00 2531.618 Truncated Dome Detectable Warning Paver SF $ 42.00 400 $ 16,800.00 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 $ 7.00 550 $ 3,850.00 2575.502 Seed Mixture 270 LB $ 4.00 120 $ 480.00 2575.604 Mulch Material Special (ULTRA NEW Straw Bale) TON $ 800.00 1 $ 800.00 2575.551 Compost, Grade 1 TON $ 20.00 79 $ 1,580.00 Subtotal $ 332,215.00 5% Contingency $ 16,610.75 Subtotal $ 348,825.75 30% Indirect Costs $ 104,647.73 Part II - Repair Existing Curb & Gutter/ Trail Overlay/ Ped Ramps $ 453,473.48 Part I - Bituminous Street Overlay $ 646,254.27 Part II - Repair Existing Curb & Gutter/ Trail Overlay/ Ped Ramps $ 453,473.48 Project 1077 Total Cost $ 1,099,727.74 • Appendix B Preliminary Assessment Roll City Project 1077 - Northview Park Road/ Braddock Trail/ Elrene Road Northview Park Road R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 828 NORTHVIEW PARK RD 10- 72500 -06 -020 1 $830 $830 832 NORTHVIEW PARK RD 10- 72500 -06 -030 1 $830 $830 836 NORTHVIEW PARK RD 10- 72500 -06 -040 1 $830 $830 840 NORTHVIEW PARK RD 10- 72500 -06 -050 1 $830 $830 844 NORTHVIEW PARK RD 10- 72500 -06 -060 1 $830 $830 848 NORTHVIEW PARK RD 10- 72500 -06 -070 1 $830 $830 852 NORTHVIEW PARK RD 10- 72500 -06 -080 1 $830 $830 856 NORTHVIEW PARK RD 10- 72500 -06 -090 1 $830 $830 860 NORTHVIEW PARK RD 10- 72500 -06 -100 1 $830 $830 864 NORTHVIEW PARK RD 10- 72500 -06 -110 1 $830 $830 959 NORTHVIEW PARK RD 10- 45080 -02 -190 1 $830 $830 963 NORTHVIEW PARK RD 10- 45080 -02 -180 1 $830 $830 967 NORTHVIEW PARK RD 10- 45080 -02 -170 1 $830 $830 971 NORTHVIEW PARK RD 10- 45080 -02 -160 1 $830 $830 975 NORTHVIEW PARK RD 10- 45080 -02 -150 1 $830 $830 979 NORTHVIEW PARK RD 10- 45080 -02 -140 1 $830 $830 983 NORTHVIEW PARK RD 10- 45080 -02 -130 1 $830 $830 987 NORTHVIEW PARK RD 10- 45080 -02 -120 1 $830 $830 991 NORTHVIEW PARK RD 10- 45080 -02 -110 1 $830 $830 995 NORTHVIEW PARK RD 10- 45080 -02 -100 1 $830 $830 999 NORTHVIEW PARK RD 10- 45080 -02 -090 1 $830 $830 1003 NORTHVIEW PARK RD 10- 45080 -02 -080 1 $830 $830 1007 NORTHVIEW PARK RD 10- 45080 -02 -070 1 $830 $830 1011 NORTHVIEW PARK RD 10- 45080 -02 -060 1 $830 $830 1015 NORTHVIEW PARK RD 10- 45080 -02 -050 1 $830 $830 1019 NORTHVIEW PARK RD 10- 45080 -02 -040 1 $830 $830 1023 NORTHVIEW PARK RD 10- 45080 -02 -030 1 $830 $830 1027 NORTHVIEW PARK RD 10- 45080 -02 -020 1 $830 $830 1031 NORTHVIEW PARK RD 10- 45080 -02 -010 1 $830 $830 1039 NORTHVIEW PARK RD 10- 45080 -01 -110 1 $830 $830 1045 NORTHVIEW PARK RD 10- 45080 -01 -100 1 $830 $830 1051 NORTHVIEW PARK RD 10- 45080 -01 -090 1 $830 $830 1057 NORTHVIEW PARK RD 10- 45080 -01 -080 1 $830 $830 1063 NORTHVIEW PARK RD 10- 45080 -01 -070 1 $830 $830 1069 NORTHVIEW PARK RD 10- 45080 -01 -060 1 $830 $830 1075 NORTHVIEW PARK RD 10- 45080 -01 -050 1 $830 $830 1081 NORTHVIEW PARK RD 10- 45080 -01 -040 1 $830 $830 1087 NORTHVIEW PARK RD 10- 45080 -01 -030 1 $830 $830 1093 NORTHVIEW PARK RD 10- 45080 -01 -020 1 $830 $830 1099 NORTHVIEW PARK RD 10- 45080 -01 -010 1 $830 $830 1098 NORTHVIEW PARK RD 10- 45035 -01 -010 1 $830 $830 1092 NORTHVIEW PARK RD 10- 45035 -01 -020 1 $830 $830 1086 NORTHVIEW PARK RD 10- 45035 -01 -030 1 $830 $830 1080 NORTHVIEW PARK RD 10- 45035 -01 -040 1 $830 $830 1074 NORTHVIEW PARK RD 10- 45035 -01 -050 1 $830 $830 Subtotal 45 $37,350 Braddock Trait R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4110 BRADDOCK TR 10- 72500 -04 -570 1 $830 $830 4114 BRADDOCK TR 10- 72500 -04 -560 1 $830 $830 4118 BRADDOCK TR 10- 72500 -04 -550 1 $830 $830 4122 BRADDOCK TR 10- 72500 -04 -540 1 $830 $830 4126 BRADDOCK TR 10- 72500 -04 -530 1 $830 $830 4130 BRADDOCK TR 10- 72500 -04 -520 1 $830 $830 4134 BRADDOCK TR 10- 72500 -04 -510 1 $830 $830 1 i 9 4138 BRADDOCK TR 10- 72500 -04 -500 1 $830 $830 4142 BRADDOCK TR 10- 72500 -04 -490 1 $830 $830 4146 BRADDOCK TR 10- 72500 -04 -480 1 $830 $830 4158 BRADDOCK TR 10- 72500 -02 -110 1 $830 $830 4162 BRADDOCK TR 10- 72500 -02 -120 1 $830 $830 4166 BRADDOCK TR 10- 72500 -02 -130 1 $830 $830 4182 BRADDOCK TR 10- 72500 -01 -040 1 $830 $830 4186 BRADDOCK TR 10- 72500 -01 -030 1 $830 $830 4190 BRADDOCK TR 10- 72500 -01 -020 1 $830 $830 4194 BRADDOCK TR 10- 72500 -01 -010 1 $830 $830 Subtotal 17 $14,110 TOTAL SF LOT Equivalents I 62 I 1 $ 51,460 1 Community Park P.I.N. Front Foot Rate /F.F. Total WANDERING PATH PARK (City) 10- 32990 -00 -030 62 $ 16.00 $992 WANDERING PATH PARK (City) 10- 32991 -00 -020 145 $ 16.00 $2,320 WANDERING PATH PARK (City) 10- 14996 -00 -010 151 $ 16.00 $2,416 WANDERING PATH PARK (City) 10- 14997 -00 -050 286 $ 16.00 $4,576 NORTHVIEW PARK (City) 10- 02300 -26 -012 1321 $ 16.00 $21,136 NORTHVIEW PARK (City) 10- 02300 -54 -020 363 $ 16.00 $5,808 NORTHVIEW PARK (City) 10- 02300 -26 -016 405 $ 16.00 $6,480 BRIDLE RIDGE PARK (City) 10- 14996 -00 -020 993 $ 16.00 $15,888 BRIDLE RIDGE PARK (City) 10- 32990 -00 -010 755 $ 16.00 $12,080 Subtotal 4481 $71,696 Public Facility P.I.N. Front Foot Rate /F.F. Total 4183 BRADDOCK TRAIL (Eagan HS/ Dakota Hills MS) 10- 22430 -01 -010 4466 $16 $71,456 I TOTAL ASSESSMENTS 1 $ 194,612.00 Front Footage Summary Single- Family Residential Lots 5,565.0 18.6% Community Parks - Northview /Wandering /Bridle Ridge 4,481.0 14.9% Public Facility Lots - Eagan High School 4,466.0 14.9% Total Non - Assessable 15,480.0 51.6% Total 29,992 100.0% I 06 4 1K ROAD 1 1 ( / / LONE OAK ROAD P h M o f cc rH o - J SS Z ^`' Y o r H \l , L K, i j __) 4., --- YANKEE DOODLE RD /IP' `� 6 1- / 111 1 s � w ( -----) a m p l Z m c9 C9 4 AQ i ) Z o ` z - - J J WESCOTT ROAD ' I (;-- 1 MN Ifilp I41 j ---- 111 ELRENE RD. OQO r \ N0RTHVIEW PA-K 0 q- ROAD O )) 1- LAIN 1 _ ` \ `� HVV '3 _ 0 0 A ,lam Project Location DIFFLEY ROAD w ) I 1 \ I- - - - - y [ o \ I O ,M tx WILDERNESS RUN ROAD O } / I T J 1` # = r —� � - Itn., D \— , W� CLIFF ROAD - 14 A. 1 ---- ) 0 44 U I W 11 -23 -2011 Northview Park Rd./ Braddock Tr./ Elrene Rd. 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CURB & GUTTER 5 1/2" BITUMINOUS SURFACE (NORTHVIEW PARK RD.) — 7 1/2" BITUMINOUS SURFACE (ELRENE RD.) 8 1/2" BITUMINOUS SURFACE (BRADDOCK TR.) 8 1/2" CI. 5 AGGREGATE BASE ( ELRENE RD.) 9" CI. 5 AGGREGATE BASE (NORTHVIEW PARK RD.) 12" CI. 5 AGGREGATE BASE ( BRADDOCK TR.) Existing Typical Section ROW 66' - 80' 36' - 48' F.F. EDGE MILL (6' -8' wide) Typ. < > 11 /2" 2360 WEAR COURSE BITUMINOUS OVERLAY REPLACE EX. CURB & — BITUMINOUS TACK COAT GUTTER AS DIRECTED 5 1/2" BITUMINOUS SURFACE (NORTHVIEW PARK RD.) _ 7 1/2" BITUMINOUS SURFACE (ELRENE RD.) 8 1/2" BITUMINOUS SURFACE (BRADDOCK TR.) 8 1/2" CI. 5 AGGREGATE BASE ( ELRENE RD.) 9" CI. 5 AGGREGATE BASE (NORTHVIEW PARK RD.) 12" Cf. 5 AGGREGATE BASE ( BRADDOCK TR.) Bituminous Street Overlay Proposed Typical Section Northview Park Road \ Braddock Trail \ Elrene Road City of Eagan st r eet Revitalization - Project 1077 Fig. 3 Typical Section Engineering Department yP NORTHVIEW PARK ROAD/ BRADDOCK TRAIL/ ELRENE ROAD Street Revitalization City Project No. 1077 Informational Meeting — 6:30 P.M. Tuesday, January 31, 2012 Eagan Room Attendance Russ Matthys, City Engineer, 5 residents representing 4 single - family properties (see attached sign -in sheet). Presentation of Project Details Matthys welcomed the property residents and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Questions/ Comments 1) What is placed at the sidewalk/ trail intersections and why are they placed there? The Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. 2) When does a seal coat get placed? Seal coating is typically performed about 3 years after a new street surface is placed. However, we have been considering seal coating the first year following an overlay based upon recent research information on the subject. 3) Will the yellow paint be repainted on the curbs at the mailboxes (Braddock Trail)? Yes. 4) Is sidewalk going to be installed on the east side of Braddock Trail between Pennsylvania and Ventnor Avenues? This was evaluated as part of this project, but it was determined that with current pedestrian patterns and the current configuration of the EHS parking lot, a trail is not warranted. Street lights were recently installed at these intersections and crosswalks will be painted as part of the project. 5) Are there going to be any changes to the signal at Diffley Road and Braddock Trail? How about a flashing yellow arrow? The lane configuration and existing signal on the north leg of the intersection (Braddock Trail) will be changed to a right -turn only lane and a combined left -thru lane (existing is a left -turn only with a right -thru lane). This should improve traffic movements on that leg of the intersection with the busiest movement being the right turns. Flashing yellow arrows are not proposed with these revisions, but are a possibility in the future. 6) How about a signal at Northview Park Road and Lexington Avenue? Dakota County evaluates highway intersections such as this one on Lexington Avenue. The intersection has 10 scored high in the past for the installation of traffic signal improvements, but the County typically only installs three per year and this one hasn't been selected, yet. The City will be asking the County to re- evaluate the justification for a traffic signal at this location. I don't want a signal installed. It will lower the value of my home. 7) Concerns were raised about traffic and excessive speeding on Northview Park Road. Drivers slam on their brakes when we are backing out of our driveways and pass cars going the speed limit. Also, there may be sight line problems. Can we get new signs to address the speeding? Based upon the concerns you have shared with me, City staff will evaluate the street for speeding and inappropriate driving issues. As a result of such an investigation, recommendations based upon engineering criteria will be offered. (Signage is not an effective deterrent for speeding. Northview Park Road is a collector roadway, that due to its proximity to Eagan High School, is patrolled on a regular basis by the Police Department, and the 30 mph speed limit is enforced.) 8) Will the condition of the trails along Northview Park Road be improved? Portions of the existing trails along Northview Park Road, Braddock Trail, and Elrene Road will be cleared of overgrowth and a 1 -1/2" bituminous overlay constructed on any segments not recently overlayed. 9) Do I need to remove bushes 8 feet behind the curb? The City street right -of -way is typically 13' -15' behind the curb. Bushes are an issue only if blocking sight lines, typically in excess of 30" tall. As part of a review of the traffic concerns on Northview Park Road the bushes may be found to be impacting sight lines and a safety hazard. They would need to be removed if this is the case. (City Engineering staff will perform this sight line review this spring.) The meeting adjourned at 7:30 p.m. /79 INFORMATIONAL NEIGHBORHOOD MEETING Lexington Pointe 1st & 2nd Project No. 1068 T uesday, January 31, 2012 City o f Ea�ali 5:30 p.m. — Eagan Room NAME ADDRESS 1. VAC ✓C e De LA. (NG 1 / 1 10, 1 I rv., I ve Al 2. -0a r- 1.12 � o�r°, bus (-/ I 5 (S p a o e iL 1a i 3. -RVoAN & POLU_Er l ��, a so,L1 Ica S`1 /0, ,,e-c.w z,rI( )o L 4. N`i■SO,\13je_PA 1( lAuc 5. QL-N O \ P 6 A - 41,0 6. 7. 8. 9. 10. 11. 12. 13. jq Agenda Information Memo February 8, 2012 Eagan City Council Meeting F. PROJECT 1068, LEXINGTON POINTE 1 ST/ 2ND STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1068, Lexington Pointe 1 St/ 2nd 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 various streets within the Lexington Pointe 1 St/ 2 Additions neighborhood in south - central 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 January 3, 2012, the feasibility report for Project 1068 was presented to the City Council and a Public Hearing was scheduled for February 8 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 31 for the adjacent property owners to discuss the proposed improvements. Of the 189 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 l through ( 13 • Informational Meeting Minutes, pag (4-al 5 (go, /4 1 C o f E aoli Report for Lexington Pointe 1 t & 2 Additions Neighborhood Street Revitalization City Project No. 1068 January 2012 ... ..,-. .„, , -.:.-- ,„.. c, - . --,' - , A- -iht> .... N. - -I , te, ook Ite Floe vx51, ■ —ei . ....%, ' 1 ' .Re . . "Nat C. - -,: - fp - t t 1 -, -- -4 " — All- - Igo 7 IN 1 . holli 44 . ---, ,,- - Om . .... 11. 4 <MI .. le.,... Oa `4174- k . . . i - A r ° - . . 4—, °A1 0 ■ Nor - \... k •Nal k-i, ‘. ,..- " N . 1,, --, ' ir Ak, ..N ''S POZ, N s • ' \ I t■ 4 NO" 1q3 Cit o f E agall MoMo To: Honorable Mayor and City Council From: John P. Gorder, Assistant City Engineer Date: January 2012 Re: Lexington Pointe 1 & 2nd Additions - Street Revitalization City Project No.: 1068 Attached is our report for the Lexington Pointe 1 & 2 " Additions - Street Revitalization, City Project No. 1068. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be please to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. g ://14-., A014 I- John P. Gorder Date: 1 /37/2 -0 1:Z Reg. No. 22813 Reviewed By: Department of Public Wor Date: r — 3 (— 1Z Reviewed By: Finance Depa ment Date: Z i I qif 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 7 Assessments 7 Assessment Financing Options 8 Revenue Source 8 Project Schedule 8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1Location Map - 2Street Improvement /Assessment Area Map - 3Typical Section — Mill & Overlay 4 44, Executive Summary Background Project Name Lexington Point Project # 1068 1 & 2nd Additions Street Area 31,620 sq. yds. Street Length 1.91 miles Braddock Trail Constructed 1987 -1990 Curry Trail Pointe Way Overlayed - Streets Included Hamilton Drive Cracksealed - Jefferson Lane Livingston Drive Seal Coated 1991 -96, 2000 South of Diffley Road Absolute Location NE %, Section 28, Relative Location East of Lexington Township 27, Range 23 Avenue Project Details Roadway surfacing PCI Rating 50 Replacement of damaged Recommended Edge Mill and curb & gutter Improvement 1.5" Overlay Scope Adjustment /Replacement of: Curb Removal 15% Sanitary /Storm sewer Residential Lots 189 Utility castings Water gate valves Public Facility Lots 0 Street signage Cost Estimate/ Revenue Property City Mill and Overlay (Including Signage) $305,600 $152,800 $152,800 Repair Existing Concrete Curb & Gutter $187,500 - 0 - $187,500 Total $493,100 $152,800 (31 %) $340,300 (69 %) Lexington Pointe 1 & 2nd I Cgp January 2012 Neighborhood Street Revitalization Lexington Pointe 1 & 2 Additions 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 2 miles of Lexington Pointe 1st & 2 " Additions residential streets in central 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 between 1987 and 1990. 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 these streets were seal coated from 1991 to 1996, and in 2000. 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 Lexington Pointe 1 & 2nd !q 2 Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous recycling and 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 is included in this project, if needed. Scope This project will provide resurfacing (edge mill and overlay) for approximately 2 miles of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage. Area To Be Included Properties included in the project lie within the NE %, Section 28, lying South of Diffley Road, East of Lexington Avenue, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. q )' 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 Lexington Pointe 1 & 2 q 3 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. 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 rankings for the street segments within Lexington Pointe 1st & 2 nd Additions have a weighted average pavement condition rating of 50, which falls in the rankings of the "Patch /Repair and /or Overlay" category. 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. Lexington Pointe 1 & 2 �q� 4 44, Proposed Improvements Pavement — The proposed street improvements for Lexington Pointe 1 & 2 Additions are shown in Figure 3. The existing street sections for these roadways consist of 3" bituminous pavement supported by 6" gravel base and are of varying width (30 and 32 feet). The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1 bituminous overlay. The overlay, combined with the existing - .. W �' i „ .;. street section, will provide a street section r - _ consistent with current City standards for , '�' residential streets. The combination of `� t. 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 replaced where curb and repair is done. While the contractor who performs the work is responsible for sod establishment in the first 30 days after placement, adjacent property owners are ti- 1 � - 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 conditions of castings and supporting Lexington Pointe 1 st & 2nd a 0 - 0 5 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. _r + "1, / r y }; 1 ` fi • Signage — Traffic and street identification signage within the project limits has reached thel end of its useful life and will be considered for ; , - replacement as part of this project. Existing signage will be reviewed to determine if it is required by the '4 ° 'u Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Existing signs which are '4.;;;, � ��`' required by the MnMUTCD will be replaced to � A . improve safety and night time visibility. Existing signs which are not required by, or compliant with, 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 and curves. 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. Lexington Pointe 1st & 2 nd a l 6 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: Lexington Pointe 1 & 2 Additions Mill & Overlay w/ Signage $ 305,600 Repair Existing Concrete Curb & Gutter $ 187,500 Total $ 493,100 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Residential 50% 50% Repair Existing Concrete Curb & Gutter 0% 100% Residential Lots — Street Revitalization Improvements (Lexington Pointe 1 & 2 Additions) All residential lots (189 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 maximum standard 32 -foot width. The estimated cost per single - family lot based on the City Assessment Policy is $810 /lot and is calculated as follows: $305,600 (Overlay and Signage Cost) x 50% / 189 Lots = $810/ Lot Lexington Pointe 1 & 2nd at1D 7 41 4., Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example of the estimated assessment with an estimated 5.0% interest for the assessed amounts: Single Family Residential Lot = $810 I Principal Per Year ( Interest Per Year I Cost Per Year First Year I 1 $162 $50 1 $212 Fifth Year ( $162 ( $ 8 $170 I Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay (Including Signage) $305,600 $152,800 $152,800 Repair Existing Curb $187,500 -0- $187,500 Totals $493,100 $152,800 $340,300 The City's Major Street Fund will finance the estimated project deficit of $340,300 (69% of total). 1 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing January 3, 2012 Informational Meeting January 31, 2012 Public Hearing February 8, 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 Lexington Pointe 1 st & 2nd a L3 8 Appendix A Preliminary Cost Estimate City Project 1068 Lexington Pointe 1st/ 2nd Item No. Item Unit Unit Price Est Qty Estimated Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $ 10,000.00 1 $ 10,000.00 2232.501 Mill Bituminous Pavement (Edge Mill) SY $ 1.00 14000 $ 14,000.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 1900 $ 7,600.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 40 $ 4,000.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 50.00 3000 $ 150,000.00 2504.602 Adjust Gate Valve Box EA $ 125.00 12 $ 1,500.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 400.00 48 $ 19,200.00 2506.602 Adjust Manhole Casting - Riser Adjustment EA $ 185.00 18 $ 3,330.00 2504.602 Repair Gate Valve Mid Section EA $ 300.00 5 $ 1,500.00 2504.602 Repair Gate Valve Top Section w /Cover EA $ 250.00 7 $ 1,750.00 SP -1 Signage Remove & Replace LS $ 6,000.00 1 $ 6,000.00 2563.601 Traffic Control LS $ 5,000.00 1 $ 5,000.00 Subtotal $ 223,880.00 5% Contingency $ 11,194.00 Subtotal $ 235,074.00 30% Indirect Costs $ 70,522.20 Part 1- Bituminous Street Overlay $ 305,596.20 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 4120 $ 24,720.00 2104.505 Remove Concrete Valley Gutter SY $ 10.00 10 $ 100.00 2211.501 6 "Aggregate Base, CI. 5 (100% Crushed) TON $ 15.00 20 $ 300.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 70 $ 7,000.00 2504.602 Repair Residential Sprinkler Head EA $ 100.00 20 $ 2,000.00 2504.602 Repair Sprinkler System EA $ 250.00 5 $ 1,250.00 2504.602 Repair Invisible Dog Fence Line EA $ 50.00 5 $ 250.00 2506.602 Adjust Frame & Ring Casting (CB) EA $ 250.00 17 $ 4,250.00 2506.602 Remove & Replace Drainage Structure w/ cstg (CB) LF $ 500.00 28 $ 14,000.00 2506.602 Remove & Replace Drainage Structure w/ cstg (MH) LF $ 500.00 15 $ 7,500.00 2506.602 Remove & Replace MH Casting (27 ") EA $ 750.00 1 $ 750.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 100.00 4 $ 400.00 2531.501 Concrete Curb and Gutter, Surmountable LF $ 17.00 1600 $ 27,200.00 2531.501 Concrete Curb and Gutter, D412 LF $ 15.00 2500 $ 37,500.00 2531.501 Concrete Curb and Gutter, B612 LF $ 15.00 20 $ 300.00 2531.604 Concrete Valley Gutter - High Early SY $ 55.00 10 $ 550.00 2540.602 Repair Residential Landscaping EA $ 170.00 3 $ 510.00 2573.530 Storm Drain Inlet Protection EA $ 125.00 6 $ 750.00 2575.505 Sodding, Type Lawn (Highland) SY $ 7.00 1000 $ 7,000.00 2575.551 Compost, Grade 1 TON $ 20.00 50 $ 1,000.00 Subtotal $ 137,330.00 5% Contingency $ 6,866.50 Subtotal 30% Indirect Costs $ 144,196.50 Part II - Repair Existing Curb & Gutter $ 43,258.95 $ 187,455.45 Part I - Bituminous Street Overlay $ 305,596.20 Part II - Repair Existing Curb & Gutter $ 187,455.45 Project 1068 Total Cost $ 493,051.65 au---/ Appendix B Preliminary Assessment Roll City Project 1068 - Lexington Pointe 1st & 2nd Hamilton Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4460 Hamilton Drive 10- 45072 - 030 -30 1 $810 $ 810 4456 Hamilton Drive 10- 45072- 030 -40 1 $810 $ 810 4452 Hamilton Drive 10- 45072 - 030 -50 1 $810 $ 810 4448 Hamilton Drive 10- 45072 - 030 -60 1 $810 $ 810 4444 Hamilton Drive 10- 45072 - 030 -70 1 $810 $ 810 4440 Hamilton Drive 10- 45072 - 030 -80 1 $810 $ 810 4436 Hamilton Drive 10- 45072- 030 -90 1 $810 $ 810 4428 Hamilton Drive 10- 45090 - 020 -10 1 $810 $ 810 4424 Hamilton Drive 10- 45090 - 020 -20 1 $810 $ 810 4420 Hamilton Drive 10- 45090- 020 -30 1 $810 $ 810 4416 Hamilton Drive 10- 45090- 020 -40 1 $810 $ 810 4412 Hamilton Drive 10- 45090 - 020 -50 1 $810 $ 810 4408 Hamilton Drive 10- 45090- 020 -60 1 $810 $ 810 4404 Hamilton Drive 10- 45090 - 020 -70 1 $810 $ 810 4400 Hamilton Drive 10- 45090 - 020 -80 1 $810 $ 810 4396 Hamilton Drive 10- 45090 - 020 -90 1 $810 $ 810 4392 Hamilton Drive 10- 45090 - 021 -00 1 $810 $ 810 4388 Hamilton Drive 10- 45090 - 021 -10 1 $810 $ 810 4384 Hamilton Drive 10- 45090 - 021 -20 1 $810 $ 810 4380 Hamilton Drive 10- 45090 - 021 -30 1 $810 $ 810 4376 Hamilton Drive 10- 45090 - 021 -40 1 $810 $ 810 4372 Hamilton Drive 10- 45090 - 021 -50 1 $810 $ 810 4368 Hamilton Drive 10- 45074 - 030 -10 1 $810 $ 810 4364 Hamilton Drive 10- 45074 - 030 -20 1 $810 $ 810 4463 Hamilton Drive 10- 45072 - 020 -10 1 $810 $ 810 4455 Hamilton Drive 10- 45072 - 020 -20 1 $810 $ 810 4407 Hamilton Drive 10- 45090 - 010 -10 1 $810 $ 810 4403 Hamilton Drive 10- 45090 - 010 -20 1 $810 $ 810 4399 Hamilton Drive 10- 45090 - 010 -30 1 $810 $ 810 4395 Hamilton Drive 10- 45090 - 010 -40 1 $810 $ 810 4391 Hamilton Drive 10- 45090 - 010 -50 1 $810 $ 810 4387 Hamilton Drive 10- 45090 - 010 -60 1 $810 $ 810 4383 Hamilton Drive 10- 45090 - 010 -70 1 $810 $ 810 4379 Hamilton Drive 10- 45090 - 010 -80 1 $810 $ 810 4375 Hamilton Drive 10- 45090- 010 -90 1 $810 $ 810 4371 Hamilton Drive 10- 45090 - 011 -00 1 $810 $ 810 4367 Hamilton Drive 10- 45090 - 011 -10 1 $810 $ 810 4363 Hamilton Drive 10- 45074 - 010 -10 1 $810 $ 810 4359 Hamilton Drive 10- 45074 - 010 -20 1 $810 $ 810 4347 Hamilton Drive 10- 45071 - 020 -80 1 $810 $ 810 4339 Hamilton Drive 10- 45071 - 020 -70 1 $810 $ 810 4331 Hamilton Drive 10- 45071 - 020 -60 1 $810 $ 810 4327 Hamilton Drive 10- 45071 - 020 -50 1 $810 $ 810 4323 Hamilton Drive 10- 45071 - 020 -40 1 $810 $ 810 4352 Hamilton Drive 10- 45071 - 030 -10 1 $810 $ 810 4348 Hamilton Drive 10- 45071 - 030 -20 1 $810 $ 810 Hamilton Drive (continued) 4344 Hamilton Drive 10- 45071 - 030 -30 1 $810 $ 810 4340 Hamilton Drive 10- 45071 - 030 -40 1 $810 $ 810 4336 Hamilton Drive 10- 45071 - 030 -50 1 $810 $ 810 4332 Hamilton Drive 10- 45071 - 030 -60 1 $810 $ 810 4328 Hamilton Drive 10- 45071 - 030 -70 1 $810 $ 810 4324 Hamilton Drive 10- 45071 - 030 -80 1 $810 $ 810 4320 Hamilton Drive 10- 45071 - 030 -90 1 $810 $ 810 Subtotals 53 $ 42,930 Jefferson Lane R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 904 Jefferson Lane 10- 45071 - 040 -10 1 $810 $ 810 908 Jefferson Lane 10- 45071 - 040 -20 1 $810 $ 810 912 Jefferson Lane 10- 45071 - 040 -30 1 $810 $ 810 916 Jefferson Lane 10- 45071 - 040 -40 1 $810 $ 810 920 Jefferson Lane 10- 45072 - 041 -00 1 $810 $ 810 924 Jefferson Lane 10- 45072 - 040 -90 1 $810 $ 810 928 Jefferson Lane 10- 45072 - 040 -80 1 $810 $ 810 932 Jefferson Lane 10- 45072 - 040 -70 1 $810 $ 810 936 Jefferson Lane 10- 45072 - 040 -60 1 $810 $ 810 940 Jefferson Lane 10- 45072 - 040 -50 1 $810 $ 810 944 Jefferson Lane 10- 45072 - 040 -40 1 $810 $ 810 948 Jefferson Lane 10- 45072 - 040 -30 1 $810 $ 810 952 Jefferson Lane 10- 45072 - 040 -20 1 $810 $ 810 956 Jefferson Lane 10- 45072 - 040 -10 1 $810 $ 810 909 Jefferson Lane 10- 45071 - 020 -90 1 $810 $ 810 913 Jefferson Lane 10- 45071 - 021 -00 1 $810 $ 810 917 Jefferson Lane 10- 45071 - 021 -10 1 $810 $ 810 921 Jefferson Lane 10- 45072 - 021 -20 1 $810 $ 810 925 Jefferson Lane 10- 45072 - 021 -10 1 $810 $ 810 929 Jefferson Lane 10- 45072 - 021 -00 1 $810 $ 810 933 Jefferson Lane 10- 45072 - 020 -90 1 $810 $ 810 937 Jefferson Lane 10- 45072 - 020 -80 1 $810 $ 810 941 Jefferson Lane 10- 45072 - 020 -70 1 $810 $ 810 945 Jefferson Lane 10- 45072 - 020 -60 1 $810 $ 810 949 Jefferson Lane 10- 45072 - 020 -50 1 $810 $ 810 953 Jefferson Lane 10- 45072 - 020 -40 1 $810 $ 810 957 Jefferson Lane 10- 45072- 020 -30 1 $810 $ 810 Subtotals 27 $ 21,870 Livingston Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4326 Livingston Drive 10- 45073 - 020 -10 1 $810 $ 810 4330 Livingston Drive 10- 45073 - 020 -20 1 $810 $ 810 4334 Livingston Drive 10- 45073 - 020 -30 1 $810 $ 810 4338 Livingston Drive 10- 45073- 020 -40 1 $810 $ 810 4342 Livingston Drive 10- 45073- 020 -50 1 $810 $ 810 4346 Livingston Drive 10- 45073 - 020 -60 1 $810 $ 810 4350 Livingston Drive 10- 45073 - 020 -70 1 $810 $ 810 4354 Livingston Drive 10- 45073 - 020 -80 1 $810 $ 810 4358 Livingston Drive 10- 45073 -020 -90 1 $810 $ 810 a up Livingston Drive (continued) 4362 Livingston Drive 10- 45073 - 021 -00 1 $810 $ 810 4366 Livingston Drive 10- 45074 - 031 -20 1 $810 $ 810 4370 Livingston Drive 10- 45074 - 031 -10 1 $810 $ 810 4374 Livingston Drive 10- 45074- 031 -00 1 $810 $ 810 4378 Livingston Drive 10- 45074- 030 -90 1 $810 $ 810 4382 Livingston Drive 10- 45074 - 030 -80 1 $810 $ 810 4386 Livingston Drive 10- 45074 - 030 -70 1 $810 $ 810 4390 Livingston Drive 10- 45074 - 030 -60 1 $810 $ 810 4394 Livingston Drive 10- 45074- 030 -50 1 $810 $ 810 4398 Livingston Drive 10- 45074 - 030 -40 1 $810 $ 810 4402 Livingston Drive 10- 45074 - 030 -30 1 $810 $ 810 4329 Livingston Drive 10- 45073 - 010 -10 1 $810 $ 810 4333 Livingston Drive 10- 45073 - 010 -20 1 $810 $ 810 4337 Livingston Drive 10- 45073 - 010 -30 1 $810 $ 810 4341 Livingston Drive 10- 45073 - 010 -40 1 $810 $ 810 4345 Livingston Drive 10- 45073 - 010 -50 1 $810 $ 810 4349 Livingston Drive 10- 45073 - 010 -60 1 $810 $ 810 4353 Livingston Drive 10- 45073 - 010 -70 1 $810 $ 810 4357 Livingston Drive 10- 45073 - 010 -80 1 $810 $ 810 4361 Livingston Drive 10- 45074 - 020 -60 1 $810 $ 810 4369 Livingston Drive 10- 45074 - 020 -50 1 $810 $ 810 4377 Livingston Drive 10- 45074 - 020 -40 1 $810 $ 810 4385 Livingston Drive 10- 45074 - 020 -30 1 $810 $ 810 4393 Livingston Drive 10- 45074- 020 -20 1 $810 $ 810 4401 Livingston Drive 10- 45074 - 020 -10 1 $810 $ 810 Subtotals 34 $ 27,540 Braddock Trail R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4422 Braddock Trail 10- 45091- 011 -70 1 $810 $ 810 4418 Braddock Trail 10- 45091 - 011 -60 1 $810 $ 810 4414 Braddock Trail 10- 45091 - 011 -50 1 $810 $ 810 4410 Braddock Trail 10- 45091 - 011 -40 1 $810 $ 810 4406 Braddock Trail 10- 45091 - 011 -30 1 $810 $ 810 4402 Braddock Trail 10- 45091 - 011 -20 1 $810 $ 810 4398 Braddock Trail 10- 45091 - 011 -10 1 $810 $ 810 4394 Braddock Trail 10- 45091 - 011 -00 1 $810 $ 810 4390 Braddock Trail 10- 45091 - 010 -90 1 $810 $ 810 4386 Braddock Trail 10- 45091 - 010 -80 1 $810 $ 810 4382 Braddock Trail 10- 45091 - 010 -70 1 $810 $ 810 4378 Braddock Trail 10- 45091 - 010 -60 1 $810 $ 810 4374 Braddock Trail 10- 45091 - 010 -50 1 $810 $ 810 4370 Braddock Trail 10- 45091 - 010 -40 1 $810 $ 810 4366 Braddock Trail 10- 45091 - 010 -30 1 $810 $ 810 4362 Braddock Trail 10- 45091 - 010 -20 1 $810 $ 810 4358 Braddock Trail 10- 45091 - 010 -10 1 $810 $ 810 4354 Braddock Trail 10- 45070- 020 -50 1 $810 $ 810 4350 Braddock Trail 10- 45070 - 020 -40 1 $810 $ 810 4346 Braddock Trail 10- 45070 - 020 -30 1 $810 $ 810 4342 Braddock Trail 10- 45070 - 020 -20 1 $810 $ 810 4338 Braddock Trail 10- 45070 - 020 -10 1 $810 $ 810 bi Braddock Trail (continued) 4417 Braddock Trail 10- 45091 - 021 -10 1 $810 $ 810 4413 Braddock Trail 10- 45091 - 021 -00 1 $810 $ 810 4409 Braddock Trail 10- 45091 - 020 -90 1 $810 $ 810 4405 Braddock Trail 10- 45091- 020 -80 1 $810 $ 810 4401 Braddock Trail 10- 45091 - 020 -70 1 $810 $ 810 4397 Braddock Trail 10- 45091 - 020 -60 1 $810 $ 810 4393 Braddock Trail 10- 45091 - 020 -50 1 $810 $ 810 4389 Braddock Trail 10- 45091 - 020 -40 1 $810 $ 810 4385 Braddock Trail 10- 45091 - 020 -30 1 $810 $ 810 4381 Braddock Trail 10- 45091 - 020 -20 1 $810 $ 810 4377 Braddock Trail 10- 45091 - 020 -10 1 $810 $ 810 4341 Braddock Trail 10- 45070- 041 -00 1 $810 $ 810 4337 Braddock Trail 10- 45070 - 041 -10 1 $810 $ 810 4333 Braddock Trail 10- 45070 - 041 -20 1 $810 $ 810 4329 Braddock Trail 10- 45070 - 041 -30 1 $810 $ 810 4325 Braddock Trail 10- 45070 - 041 -40 1 $810 $ 810 4321 Braddock Trail 10- 45070 - 041 -50 1 $810 $ 810 4317 Braddock Trail 10- 45070 - 041 -60 1 $810 $ 810 4313 Braddock Trail 10- 45070 - 041 -70 1 $810 $ 810 4309 Braddock Trail 10- 45070 - 041 -80 1 $810 $ 810 4305 Braddock Trail 10- 45070- 041 -90 1 $810 $ 810 4301 Braddock Trail 10- 45070- 042 -00 1 $810 $ 810 4322 Braddock Trail 10- 45070- 030 -70 1 $810 $ 810 4318 Braddock Trail 10- 45070 - 030 -60 1 $810 $ 810 4314 Braddock Trail 10- 45070 - 030 -50 1 $810 $ 810 4310 Braddock Trail 10- 45070 - 030 -40 1 $810 $ 810 4306 Braddock Trail 10- 45070 - 030 -30 1 $810 $ 810 4302 Braddock Trail 10- 45070 - 030 -20 1 $810 $ 810 4298 Braddock Trail 10- 45070 - 030 -10 1 $810 $ 810 Subtotals 51 $ 41,310 Curry Trail R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 929 Curry Trail 10- 45070 - 010 -10 1 $810 $ 810 933 Curry Trail 10- 45070 - 010 -20 1 $810 $ 810 937 Curry Trail 10- 45070 - 010 -30 1 $810 $ 810 941 Curry Trail 10- 45070 - 010 -40 1 $810 $ 810 945 Curry Trail 10- 45070- 010 -50 1 $810 $ 810 949 Curry Trail 10- 45070 - 010 -60 1 $810 $ 810 953 Curry Trail 10- 45070 - 010 -70 1 $810 $ 810 957 Curry Trail 10- 45070 - 010 -80 1 $810 $ 810 961 Curry Trail 10- 45070 - 010 -90 1 $810 $ 810 965 Curry Trail 10- 45070 - 011 -00 1 $810 $ 810 928 Curry Trail 10- 45070 - 040 -10 1 $810 $ 810 932 Curry Trail 10- 45070 - 040 -20 1 $810 $ 810 936 Curry Trail 10- 45070 - 040 -30 1 $810 $ 810 940 Curry Trail 10- 45070- 040 -40 1 $810 $ 810 944 Curry Trail 10- 45070 - 040 -50 1 $810 $ 810 948 Curry Trail 10- 45070 - 040 -60 1 $810 $ 810 952 Curry Trail 10- 45070 - 040 -70 1 $810 $ 810 Curry Trail (continued) 956 Curry Trail 10- 45070- 040 -80 1 $810 $ 810 960 Curry Trail 10- 45070 - 040 -90 1 $810 $ 810 Subtotals 19 $ 15,390 Pointe Way R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 975 Pointe Way 10- 45071 - 010 -10 1 $810 $ 810 979 Pointe Way 10- 45072 - 011 -10 1 $810 $ 810 968 Pointe Way 10- 45070 - 030 -80 1 $810 $ 810 972 Pointe Way 10- 45070 - 030 -90 1 $810 $ 810 976 Pointe Way 10- 45070 - 031 -00 1 $810 $ 810 Subtotals 5 $ 4,050 189 Single - Family Lots TOTAL ASSESSMENT $ 153.090 co q I < < 4 Y UV 10 WESCOTT R ig. I A - ----1 I N q z z 0 0 z I � 51 (-- Imo w J I•l t DIFFLEY ROAD DANK II - LEXINGTO POINTS WO gli r - - - - # Ila L a ia. Am - L _____- ,_ Project Location l in \ _(--,_ r ) ■0■111111 Illi • CLIFF ROAD 1 alli L n ' z 8n7iza„ 4110 11` Lexington Pointe 1st & 2nd City of Eagan Street Revitalization - Project 1068 Fig. 1 Engineering Department al b Location Map r a .!' I �, z •. o N „iy r --pit, k � � .1yd is 3a� / i � f �� i � t y /l `'+- al w co - ci -tF 4.2 °� i7 t �� m Ili . UJ W a : ss;a m LI W w TRAI ,r , � J (J) 0) a. 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CURB & BITUMINOUS TACK COAT GUTTER AS DIRECTED 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 2/o8/2o„ -' Lexington Pointe 1st & 2nd ` t City of Eagan Fig.3 3 Typical Sections - Project 1068 Engineering Department LEXINGTON POINTE 1 ST/ 2ND Street Revitalization City Project No. 1068 Informational Meeting — 5:30 P.M. Tuesday, January 31, 2012 Eagan Room Attendance Russ Matthys, City Engineer, 1 resident representing 1 single- family property (see attached sign - in sheet). Presentation of Project Details Matthys welcomed the property resident and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Questions/ Comments The streets look in good shape. Why is this project proposed now? The City's Pavement Management Program evaluates the condition of pavements throughout the City every three years. The street pavements in the neighborhood have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. The overall pavement condition is 50 on a condition scale of 1 -100, a condition where a mill & overlay is the best rehabilitation method to preserve the integrity and extend the life of the existing pavement. The resident did not have any other questions or comments relating to the project. The meeting adjourned at 5:45 p.m. INFORMATIONAL NEIGHBORHOOD MEETING Lexington Pointe 1 & 2 Project No. 1068 Tuesday, January 31, 2012 City of Eagall 5:30 p.m. — Eagan Room NAME ADDRESS 1. 6( ✓Le De wf`c. / � 1�,•Z f"(&fk ltd lac rv<_ P1O77 2. � arIQ e o∎r , D Zu cs g� tjooev L 3. 6J '1 ° /1f 4 Sow/ 1 AX)( U`'t -(4 4. NI )() W)C- ibor \P6r4AkA,9,4)P-ei,ikoL 6. 7. 8. 9. 10. 11. 12. 13. a ls Agenda Information Memo February 8, 2012, Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENTS — Chapter 7 (adopting a special event permit process); Chapter 6 (regarding transient merchant regulations); and Chapters 7, 9 and 10 (regarding sale of goods on city property or public rights -of -way); Resolution Adopting Fees, Resolution Adopting Special Event Permit Rules and Regulations, Resolution Adopting Block Party Rules and Regulations ACTIONS TO BE CONSIDERED: To approve an Ordinance Amendment to City Code Chapter 7 adopting a permitting process for parades, athletic events and other special events occurring on City property or public rights -of way and direct the City Attorney to publish the ordinance amendment summary. To approve Ordinance Amendments to City Code Chapter 6 regarding transient merchant regulations and to City Code Chapters 7, 9 and 10 regarding sale of goods on City property or public rights -of -way. To approve a Resolution adopting fees in connection with special event permits; a Resolution adopting Special Event Permit Rules and Regulations; and a Resolution adopting Neighborhood Block Party Rules and Regulations. FACTS: Special Event Permit Process D In the fall of 2011, Council was made aware of the increasing number of park permit requests received in 2011 to host 5K runs, charity walks and bike events. Council directed staff to further research regulations needed to safely allow runs, walks, bike rides and similar events throughout the City. D At the December 13, 2011 Special City Council meeting, Parks and Recreation Director Seydell Johnson presented potential regulations that were developed by representatives from Police, Fire, City Clerk, Parks and Recreation, Public Works and Community Development. Council directed staff to prepare an ordinance amendment to provide a permitting process for parades, athletic events and other special events occurring on City property or public rights -of -way. D The proposed amendment to Chapter 7 adopts a new special event permitting process, which includes parades. The permits would be reviewed by a Special Event Permit Committee, consisting of staff from each affected department. Following review by the Committee, the City Clerk would approve, deny, or conditionally approve the permit. D The proposed Special Event Permit Rules and Regulations provide additional detail to applicants about the required application process and materials; the process for approving, denying or conditionally approving a permit; the regulations in place when a permit is approved; the requirements when using City facilities; and the process for changing or cancelling a permit. Per the direction of the City Attorney's Office, the Rules and Regulations do not need to be codified, but do need to be approved by Council in order to be enforceable. al Le > The proposed fees for special event permits include: o A $150 application fee for an established route or a $250 application fee for a new route o A $300 damage /clean -up deposit o A City services /resources fee deposit of 150% of the estimated City cost for City services /resources needed, as determined by the Special Event Permit Committee. After the event, the City will tabulate the actual costs for staff time and equipment and refund the unused portion of the deposit to the permit holder. o Various fees for traffic control devices (such as cones, barricades, and signs) provided by the City. The permit holder is required to furnish all traffic control devices and there are several traffic control equipment companies in the area that provide them. Most event organizers are accustomed to contracting for traffic control equipment. If any required devices are missing the day of the event, the City may furnish them and require the permit holder to reimburse the cost. D If approved, the special event permitting process would begin when the ordinance summary is published on February 17, 2012. Block Parties > The City Attorney's Office recommended the City also address neighborhood block parties as a part of this ordinance amendment. The proposed ordinance amendment exempts neighborhood block parties from the special event permitting requirements. Instead, residents who wish to hold a block party in a City street or right -of -way would apply for a block party permit, which would be administratively approved by Public Works staff and is consistent with current practices. The proposed Neighborhood Block Party Rules and Regulations have been used by staff in the past to issue block party permits, but in order to be enforceable, the regulations must be approved by the City Council. There is no permit fee for neighborhood block party permits. D It has been staff's experience that a majority of National Night Out block parties take place in residents' yards or driveways, which does not require a permit. In past years, the Police Department has referred registered National Night Out parties to the Public Works Department for a block party permit, if the party was to take place in the street. If the proposed Rules and Regulations are approved, the same process would be used for future National Night Out events. Housekeeping Items Associated with Special Event Permits D. The proposed amendment to Chapter 6 makes housekeeping changes to the transient merchant regulations with regard to special event permits. The amendment clarifies that all merchants selling goods or services on public property in connection with a special event permit will be required to obtain a vendor permit from the Director of Parks and Recreation. D The proposed amendments to Chapters 7, 9 and 10 make housekeeping changes to clarify the application of regulations to vendors in connection with a special event permit. ATTACHMENTS (6): The Ordinance Amendment to Chapter 7 and summary ordinance are attached on pages o</ 9 t 3 3 22 The Ordinance Amendment to Chapter 6 is attached on pages 1 to 4.3 a1---t The Ordinance Amendments to Chapters 7, 9 and 10 are attached on page to The Resolution adopting fees in connection with special event permits is attached on page -d47) The Resolution adopting Special Event Permit Rules and Regulations and the regulations are attached on pages» L J I to 4 The Resolution adopting Neighborhood Block Party Rules and Regulations and the regulations are attached on pagesaOtoo �s al ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY " BY AMENDING SECTION 7.07 REGARDING PARADES AND ADDING SPECIAL EVENTS PERMIT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Seven is hereby amended by revising Section 7.07 to read as follows: Subd. 1. Definition. Thc tcrm "paradc" moans any movement of vehicles, persons or Subd. 2. Permit required. It is a misdcmcanor to sponsor or participate in a parade for •- . ., ., .- • .. . _ ._. . . ...., .• •- Subd. 3. Investigation. Thc city shall forthwith refer all applications for parades to the - -. • ,- _., - -. _ • . . . , • .. _... , •• - - . can Subd. S. Unlawful acts. A. It is unlawful for any person to hamper, obstruct, or impede or interfere with any B. It is unlawful for any person to drive a vehicle between the vehicles or persona C. It is unlawful for any person to enter into a parade without prior authorization Subd. 6. Exceptions. This section shall not apply to (1) funeral processions, or (2) a Sec. 7.07. Parades, athletic events, and other special events occurring on City property or public rights -of -way. Subd. 1. Purpose. An increased number of events sponsored by private individuals, groups of private individuals, or organizations involving a large number of participants or attendees of the • eneral . ublic have been re• uested within the Ci to occur on ci -owned . ro . e or . ublic ri • hts- of -way. The sponsors of the events have requested or the nature of the events have required City services or resources which would have not been otherwise necessary in the absence of such event, including but not limited to, street closures or restrictions, traffic direction and control, city personnel resources, city resources to provide services for the operation of a special event in whole or part, and other city services to protect the general public health, safety and welfare due to the occurrence of a special event. To protect the participants, attendees, and the general public involved in or affected by the special event, as well as to preserve and protect the City's property, streets, sidewalks and trails, and resources, it is in the best interest of the city to establish a special event permit process, together with rules and regulations for the operation of a special event under the permit. Events subject to this Section may include, but are not limited to: parades; athletic events such as a marathon, walk or run event, bicycle rallies or races; fanners' market; art or craft fairs; festivals; or street dances, parties or fairs, provided the event meets the permit requirement criteria set forth in Subdivision 3 herein. Subd. 2. Definitions. Applicant shall mean any person, organization or entity applying for a special event permit from the city to conduct a special event governed by this Section. Assemblage shall mean two or more persons congregating or gathering together as a group for a common purpose within the vehicular travel portion of a public right -of -way and is not otherwise moving in a procession. 2 oaD Athletic event shall mean an event in which a group of persons collectively engage as participants to an organized event in which the group walks, runs, skates, skis or cycles as part of a race, cause or other reason within a public right -of -way, including sidewalks and trails or the use of city property in whole or part for the event within the city. For purposes of this Section, an athletic event may be a timed or an untimed event or it may or may not involve an award of prizes for the top finishers. For purposes of this Section, an athletic event does not include a group of individuals walking, running, or cycling solely for personal exercise or organized team practice that is not in connection with an organized or sponsored event open to the general public for participation. Block party shall mean a festive gathering of persons on a public street requiring the closure of or restriction on the street, or a portion thereof, to vehicular traffic and the use of the street includes street dances, barbecues, picnics, music, games and gathering. A block party in a residential neighborhood that is hosted and attended by the occupants of the properties located along the public right -of -way in which the block party occurs shall not be deemed a "block party" for which a special event permit is required under this Section, provided a block party permit has been issued by the Director of Public Works pursuant to the rules and regulations established for neighborhood block parties as adopted by city council. Event shall mean a parade, athletic event, or other special event. Other special event shall mean an event open to the general public which occurs on city - owned property or a public right -of -way, including any sidewalk or trail. For purposes of this Section, other special event includes but is not limited to a farmer's market; art and craft fair or show; block party; soap box derby; motorized vehicle rally; street dance or fair; or similar event. For purposes of this Section, an event which its sole purpose is to advertise or sell a product, good, ware, or merchandise of an individual business establishment or vendor and is designed to be held solely for private profit will not be deemed a special event for which a permit may be issued and will not be eligible for a special event permit. Parade shall mean any movement of vehicles, persons, or animals, or any combination thereof, which either moves together or as a body as an intended procession or group. The term parade shall not include any organized marathon, walk or run event or bicycle event which is otherwise defined as an athletic event herein. Permittee shall mean any person or organization or group issued a special event permit by the city. Procession shall mean the act of moving along or proceeding in orderly succession or in a formal, organized or ceremonious manner., Public Rights of Way shall mean the entire area dedicated on a plat or contained in an easement or other conveyance or grant to the city for purposes of public vehicular and pedestrian traffic and shall include, but not be limited to: streets and roadways; boulevards; sidewalks; trails; alleys; and other public property between lateral property lines in which a roadway lies. 3 ac:.-1 Special event permit committee shall mean a committee comprising of a City employee duly appointed by the Director of each of the following city departments: Parks and Recreation, Police, Fire, Public Works, Community Development, Administration, and City Clerk. Subd. 3. Permit required. A special event permit is required for the use of city property, use of public rights -of -way, including sidewalks and trails, or a combination thereof, in connection with any of the following: A. Athletic events that are timed or for which prizes are awarded to the top finishers, regardless of the number of participants, which include, but are not limited to: marathons; walk, run, skate, or ski events; and cycle rallies or races. B. Athletic events that are not timed or for which prizes are not awarded to the top finishers with 500 or more participants in a walk/run event or 50 or more cyclists in a cycle event. C. Events for which street or intersection closures or restrictions are required as determined by the city or as may be requested by the event sponsor. D. Events, due to its location or nature of activities, will significantly interfere with or obstruct the safe and orderly movement of vehicular or pedestrian traffic contiguous to the event site or event route. E. Events to occur on city property or within public rights of way which will require the use of any city services, including but not limited to: city personnel, city utilities, public safety personnel, use of city traffic controls and devices, sanitary facilities., solid waste disposal facilities, clean up and restoration of city property, that would not otherwise be necessary in the absence of such special event. A special event permit is not required for the following: A. Funeral procession; B. A governmental agency activity within the scope of its duties; C. Any event held inside a park building or involving the use of a specific park amenity exclusively (e.g. a ball field/complex, civic center, ice arena, park pavilion) for which a park facility permit is issued.\ Subd. 4. Permit issuance. The City Clerk is authorized to issue special event permits in accordance with this Section. The City Clerk shall approve, conditionally approve, or deny an application for a special event permit in accordance with the provisions of this Section. All applications shall be reviewed by the Special Event Permit Committee. The Special Event Permit Committee, subject to the adoption by the City Council, shall establish, and amend as necessary, rules and regulations governing the implementation of this Section and all events under a special event permit A special event permit shall be approved or conditionally approved, unless the Special Event Committee determines that one or more of the following exists based upon the application and other pertinent information received: 4 �aa A. The application, along with the application fee, was filed with the City Clerk after the filing deadline date as set forth in this Section and there is insufficient time to process and review the application or provide the necessary city services required for the proposed event. B. Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail. C. The applicant /sponsoring organization of the event has, within the preceding 24 months, violated a previously issued special event permit or its conditions, including the rules and regulations applicable to special event permits, violated any term or condition of any previous park facility permit or reservation to use the city's property, or violated any city or state law in connection with the use of city property or public rights -of -way. D. The applicant failed to complete or sign the application form by the required deadline after having been notified of the additional information or documents required, including the provision of traffic and emergency plans. E. The traffic plan or emergency plan submitted by the applicant does not meet the approval of the Chief of Police or Director of Public Works. F. The sole purpose of the event is advertising or sale of the product, good, ware, or merchandise of an individual business establishment or vendor and is designed to be held solely for private profit. This provision does not apply to the sale of products, goods, wares, or merchandise as part of a farmers' market, art or craft fair, or the like and does not apply if the advertising is secondary to or as a sponsoring organization of the event . G. The application for the event is a walk/run/cycle event proposing to use city sidewalks or trails and the estimated number of participants in the event is 50 or more cyclists in a cycle event, 100 or more participants in a timed athletic event, or 500 or more participants in an untimed athletic event or parade. A cycle event exceeding 50 participants and a timed athletic event exceeding 100 participants proposing to use any sidewalk or trail may be permitted under this clause if the use of city sidewalks or trails first occurs one -half or more mile(s) past the start of the event. H. Another special event permit application has been received prior in time, or has already been approved, to hold an event (1) on the same date and same location 5 aa3 requested by the applicant; or (2) within the same month at the same location ; or (3) on the preceding or following weekend of another event at the same location, or so close in time and place as to cause undue traffic congestion or the inability of city personnel to meet the needs for city services for both events. I. The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route or disrupt the use of a street at a time when it is usually subject to great traffic congestion. J. The concentration of persons, vehicles or animals, or a combination thereof, at the site of the event or the assembly and disbanding areas around an event will prevent or hinder proper police, fire, or ambulance services to areas contiguous to the event or significantly cause harm or damage to city property. K. The type or size of the event will significantly impact the general public's use of the city's park, park amenities or other public uses, or require diversion of so great a number of city personnel, including police, to protect participants in or attendees of the event; to insure that participants stay within the boundaries or route of the event; to ensure the protection of the city's resources at the event site, or to police the operation of the event for assurance of compliance with city and state laws as to prevent the normal operation and protection to the rest of the City's residents. The permit may be denied if the city personnel whose presence at the time of the event is required is not available at the time proposed for the event. L. The proposed date of the event is during the period of the City's Winter Parking restrictions or snow removal services would be required for the safety of the participants or attendees of the event. M. The location of the event will substantially interfere with, or has been deemed unsafe by reason of any construction or maintenance work scheduled to take place upon or along the city streets, or a previously granted encroachment permit. N. The event is proposed at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof. When the grounds for denial of an application for permit based upon subsections E through N above can be corrected by altering the date, time, duration, route, or location of the event, the City Clerk shall, instead of denying the application, conditionally approve the application upon 6 'D--a the applicant's acceptance of conditions for permit issuance based upon the revised date, time, duration, route, or location of the event in order to meet the subsections above. Subd. 5. Permit application procedure and fees. A. Filing of Application. An application for a special use permit shall be on a form provided by the city and contain all information requested therein and shall contain such other information as the City may require. The application shall be filed along with a non - refundable permit application fee in the amount set by city council resolution. When the Special Event Permit Committee finds that supplemental information is reasonably necessary in order to act on the application, the applicant shall file with the City Clerk all supplemental information requested within 5 business days of the request. An application for a special use permit shall be filed with the City Clerk no less than 60 days prior to the proposed event date. In calculating the 60 days, the date on which the application is filed and the day of the event shall not be counted. If an application is filed after the filing deadline or the filed application is not signed or fully completed, the permit application shall be denied by the City Clerk, unless the City Clerk, upon a showing of good cause by the applicant, has determined that there is sufficient time to process and review the application and provide the necessary city services required for the proposed event. B. Requirements upon approval, but before issuance of permit. Upon the approval of the application, but prior to the issuance of the permit, the applicant shall submit to the city the following: 1. The permit applicant and authorized officer of the sponsoring organization, if any, shall sign an indemnification agreement with the city as prepared by the city under which the applicant/permittee /sponsoring organization agrees to fl) defend the city against and indemnify and hold the city harmless from any liability, action, cause, suit, or claim by any person resulting from any damage or injury occurring in connection with the permitted event; (2) reimburse the city for any costs incurred by it in repairing damage to city property or public rights of way occurring in connection with the special event; and (3) to reimburse the city for all expenses and costs incurred by the city for its services related to the event that are not otherwise covered or in excess of the city services /resource fee deposit paid by the applicant. 2. The applicant/sponsoring organization of the event shall obtain and maintain commercial general liability insurance on an occurrence basis to protect against loss from liability imposed by laws for damages on account of bodily injury or property damage arising from the event. Such insurance shall name the City of Eagan, its officers, employees and agents, on the policy or by 7 aas- endorsement, as additional insureds. The insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000.00 combined single limit and a minimum $2,000,000.00 aggregate limit. If food or non - alcoholic beverages are sold or provided at the event, whether by the permittee or a registered vendor, the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000.00. If alcoholic beverages are sold or provided at the event, the insurance coverage shall include an endorsement for liquor liability in an amount as otherwise required in the city's regulations governing the sale and licensing of alcoholic beverages. A copy of the policy or a certificate of insurance, clearly identifying the City of Eagan as an additional insured, shall be filed with the City Clerk not less than 5 business days before the date of the event. If a copy of the policy or the certificate of insurance is not filed with the city as required herein, the permit shall not be issued and the event shall not occur. 3. Upon approval of the application for a special event permit, the City Clerk shall provide the applicant with a statement of the estimated cost of the expenses incurred by the city in connection with providing city personnel, services and resources necessary for the event. The applicant/permittee shall be required to pay, as deposit of the city services /resources fee, the amount equal to 150% of the estimated costs as determined in the statement no later than 7 business days prior to the date of the event. If the applicant/permittee fails to remit the payment of the city services /resources fee deposit as required herein, the permit shall not be issued and the event shall not occur. The city services /resources fees shall be in the amounts as set by City Council resolution. 4. Upon approval of the application, and not less than 5 days prior to the event, the applicant/permittee shall notify in writing all properties abutting any public rights -of -way in which the event will occur and said notice shall advise of the event, including the date, duration of time and any street restrictions imposed as a result of the event. The applicant permittee shall also post signs, as approved by the City, at all affected street intersections. Subd. 6. Conditions of permit. All special events permits shall be subject to the following conditions: A. The permittee shall comply and conduct the event in compliance with all conditions imposed with the issuance of a special event permit. The permitee, or an authorized 8 designee, shall establish in advance of the event and maintain at all times during the event means to have immediate contact with and access by City Staff. B. The permittee /sponsoring organization of the event shall be responsible for the conduct of all employees, agents, or volunteers working in the event and shall take all steps necessary to ensure the employees, agents, or volunteers working in the event comply with the permit conditions set forth in this Section and all conditions set forth in the permit. C. The event shall have an emergency medical first response team on site specifically assigned to the event. The city may require additional emergency medical resources on site for the event if deemed necessary due to the nature of the event. 11 The permittee shall comply with all city, county, state and federal laws and regulations relevant to the event, including any animal protection laws and regulations. E. No electronic sound system or audio equipment or any other device designed to produce or reproduce audio sound shall be used unless specifically approved under the permit. F. No sale or furnishing of food or non - alcoholic beverages shall occur at the special event, unless the vendor thereof has a vendor permit from the city and all required licenses from the State of Minnesota. G. No sale or furnishing of alcoholic beverages shall occur at the event unless a license is first obtained from the city. Provided the appropriate license has been issued for the sale or furnishing of alcoholic beverages at the event, the sale shall be subject to all city and state laws relative to the sale or furnishing of alcoholic beverages and shall be conducted in accordance with the licensed conditions. H. No sale of any goods, products or merchandise shall be sold at the event unless all vendor have a vendors permit issued by the city. I. No signs or banners shall be posted unless specifically approved under the permit. Subd. 7. Appeal right and procedure. The applicant shall have the right to appeal the denial of a permit application, the conditions of a permit, or the amount of the city service /resource fee deposit imposed upon the applicant to the City Council. A request for appeal shall be in writing and filed with the City Clerk within 7 days after the mailing or delivery of the notice of denial or conditional approval or the city service /resource fees. The appeal must be filed no later than 12:00 noon one calendar week preceding a City Council meeting to be placed on the next regular City Council meeting agenda. The City Council shall hear the applicant or a designated representative, 9 a.--1 receive any relevant information and documents, and act on the appeal at the regular meeting. The decision of the City Council is final. Subd. 8. Unlawful Acts. A. It is unlawful for any person to interfere with events permitted under this Section. The following acts are prohibited when done with the intent to cause interference: 1. Blocking, obstructing, or impeding the passage of participants, vehicles, or animals along the route of any parade or athletic event. 2. Walking, running, driving a motor vehicle or other motorized vehicle, skating, or riding a cycle or skateboard through, between, with, or among participants, vehicles, or animals of any parade or athletic event. 3. Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals of any parade or athletic event. 4. Grabbing at, taking hold of, hitting, pulling, or pushing any participant, vehicle, or animal or anything in the possession of any participant of any parade or athletic event. B. It is unlawful for any person to sell or offer for sale any food or merchandise at an event or along the route of any parade or athletic event without first having obtained a vendor permit from the Director of Parks and Recreation. This provision shall not apply to the parade held in connection with the Eagan July 4 Funfest. C. It is unlawful for any person to participate in an assemblage within the vehicular travel portion of any public right of way unless it is in connection with an event for which a special event permit or block party permit has been issued by the City and is not otherwise in violation of any traffic direction or control order of a police officer. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 7.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 10 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: 11 aac( The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on February 8, 2012. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY " BY AMENDING SECTION 7.07 REGARDING PARADES AND ADDING SPECIAL EVENTS PERMIT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. Section 7.07 of the Eagan City Code was modified to provide regulations of special event permits within the City of Eagan on city -owned property and public rights -of -way. Section 7.07 sets forth the application process, applicable fees, procedure for application, conditions of permit approval, including sale of food and beverage, use of city resources and personnel, and appeal process. The special event permit regulations incorporate the regulations of parades. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. 30 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.36 REGARDING TRANSIENT MERCHANTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing Section 6.36, Subd. 3(C), to read as follows: Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: C. Transient merchant means any person who sells or attempts to sell goods for immediate delivery, the method of which may be from a vehicle or other mobile conveyance or device or a temporary stand and not by means of door -to -door, from a temporary location. If an organization or entity organizes and operates an event, at which there will be the sale of goods to the public or to the attendees of the event by vendors who must register or enroll with the organization or entity in order to sell goods at the event, then the vendor, nonetheless., shall be deemed as-the a transient merchant for purposes of the permit required hereunder this Section. Transient merchant shall not mean any person who sells or attempts to sell goods on property which the person owns or legally occupies a building or portion thereof on the property. * * * Section 2. Eagan City Code Chapter Six is hereby amended by changing Section 6.36, Subd. 4(M), to read as follows: Subd. 4. Prohibited practices. * * * M. It is unlawful to sell or attempt to sell or solicit a sale upon any city_owned property that is otherwise than a public right -of -way, unless the sale is in connection with a an event or other special activity that is organized by the city or an organization pursuant to a special event or park facility permit for provided elsewhere in this Code and for which a vendor permit has been issued by 1 a�� the Director of Parks and Recreation in accordance with regulations elsewhere in this Code. . • -- . ... - . ., .. - - • Section 3. Eagan City Code Chapter Six is hereby amended by changing Section 6.36, Subd. 5(F), to read as follows: Subd. 5. Permit; exemptions. * * * F. Permit exemptions. 1. No permit under this Section shall be required for any of the following: Any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm. 2. No permit shall be required of any Any person going from house -to- house, door - to -door, business -to- business, street -to- street, or other type of place -to -place when the activity is for the purpose of exercising that person's state or federal Constitutional rights, such as the freedom of speech, press, religion and the like. However, the person will not be exempt from licensing if the person sells or attempts to sell any goods or services in connection with the door -to -door canvassing. 3. Professional fundraisers working on behalf of an otherwise exempt person or group shall not be exempt from the permitting requirements of this section. 4. :: - --- .,- Any canvassing, soliciting, or fund raising for the purpose of charitable organizations if such organization is registered with the attorney general pursuant to the provisions of Minn. Stat. § 309.52 as a charitable organization or exempted pursuant to the provisions of Minn. Stat. § 309.515; however, the organization shall register with the city as required herein. 5. - . . • - . - • . . Any person to sell or attempt to sell goods at an event or othcr special activity on city -owned property, such as a farmer's market, art fair of holiday festival or organized fundraisers marathon or tournaments, sponsored or organized by the city or an organization, provided the vendor is a registered vendor for the event • - - - _ .... , . registered vendors. [Thc vendor is required to obtain a permit from thc park's director if thc vendor's sales arc occurring in a city park or recreational facility] and has a vendor permit issued by the Director of Parks and Recreation as provided elsewhere in this Code. * * * 2 Section 4. Publication. The title of this ordinance and the official summary shall publish in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 5. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. 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: 3 a33 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY AMENDING SECTION 7.05 REGARDING OBSTRUCTIONS IN PUBLIC RIGHTS -OF -WAY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Seven is hereby amended by changing Section 7.05, Subd. 3, to read as follows: Subd. 3. Obstructions & excavations. No person shall excavate, obstruct, or place, deposit, display, install, or maintain any obstruction, including but not limited to: a fence, goods, building or landscaping materials, any structure, landscaping, electrical cords or devises of any kind or other objects, or sell or offer for sale any goods or merchandise within any public right -of -way. This paragraph shall not apply to operable and registered motor vehicles lawfully parked within the street or upon a portion of a driveway within the public right -of -way, provided the motor vehicle is not blocking any portion of a sidewalk or trail and is not used in connection with the sale of any goods. No violation shall occur if the person obtains a written permit from the council for the excavation or obstruction, provided a permit will be issued only for mailboxes, irrigation systems and landscaping that do not create a public safety concern and are placed and maintained in compliance in all respects with the terms and conditions of such permit and the regulations of this Code. This subdivision shall not apply to any person who is selling merchandise from a motor vehicle that travels through the streets and stops only to make an immediate sale and does not park to await customers or sales. This subdivision shall not apply to any person participating in a special event for which a special event permit has been issued and in accordance with terms of the special event permit as governed elsewhere in this Code. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 7.99, 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: a3zt ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER NINE ENTITLED "PARKING REGULATIONS" BY AMENDING SECTION 9.15 REGARDING PARKING FOR THE PURPOSE OF ADVERTISING OR SELLING MERCHANDISE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Nine is hereby amended by changing Section 9.15 to read as follows: Sec. 9.15. Parking for the purpose of advertising or selling merchandise. It is unlawful for any person to park a motor vehicle or vehicle on any street or city property for the purpose of advertising such motor vehicle or vehicle for sale, for the purpose of advertising for sale or selling merchandise thereon or therefrom, or advertising a forthcoming event. This section shall not apply to any person who is selling merchandise from a motor vehicle that travels through the streets and stops only to make an immediate sale and does not park to await customers or sales. This section shall not apply to any person who is (1) a registered vendor with the City or an organization or entity that was granted a :, • - - -- - • : park facility permit or special event permit from the City; . - - . - : - • : - : ; , - :.. - : - elsewhere in this Code and (2) who-was granted a vendor permit from the city's park dDirector of Parks and Recreation as regulated governed elsewhere in this Code. It is unlawful for any person to park a motor vehicle or vehicle on private property for the purpose of advertising such motor vehicle or vehicle for sale. The foregoing provision shall not apply to private residential property provided the vehicle is parked in a private driveway and not within any roadway or common area. It is unlawful for any person to park a motor vehicle or vehicle on private property for the purpose of offering for sale or selling merchandise therefrom, unless the person has the property owner's consent and the sale of merchandise on the property is authorized under the zoning regulations set forth elsewhere in this Code. For purposes of this section only, the terms "motor vehicle" and "vehicle" shall have the meanings provided in Minn. Stat. § 168.002 and the term "vehicle" shall include devices moved by human power or any vehicle not originally constructed primarily for use on public roads and highways. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 9.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. 1 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: 2 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTIONS 10.23 AND 10.32 REGARDING SALE OF GOODS IN PARKS AND OTHER PUBLIC PROPERTY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by changing Section 10.23, Subd. 1(E) to read as follows: Sec. 10.23. Rules and regulations governing public parks and recreation areas. * * * * E. Solicit or conduct any commercial enterprise or sell or attempt to sell any goods or merchandise, unless the person (1) is a registered vendor with the City or an organization or entity that was granted a park facility permit or special event permit .. - - - ., .. -- from the City . . - • - . property as regulated elsewhere in this Code and (2) is granted a vendor permit from the city's p aik (Director of Parks and Recreation. Section 2. Eagan City Code Chapter Ten is hereby amended by changing Section 10.32, Subd. 1, to read as follows: Sec. 10.32 Obstructions and Dumping on Public Property. Subd. 1. Obstructions. It is unlawful for any person to excavate, obstruct, or place, deposit, display, install, or maintain, or offer for sale any object or materials, including but not limited to: any fence, goods, building or landscaping materials, any structure, any landscaping, any garbage or refuse of any kind, or other objects, on or within any public property, unless granted written permission from the City. This paragraph shall not apply to operable and registered motor vehicles lawfully parked within any designated public parking area, provided the motor vehicle is not blocking any portion of a sidewalk or trail and is not used in connection with the sale of any goods .. - • -•- • - - - - - • • • - • . This subdivision shall not apply to any person participating in an event for which a special event permit or public facility permit has been issued and in accordance with the terms of the permit. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. 1 a37 Section 4. 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: 2 a3S 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 February 8, 2012, 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 SPECIAL EVENT PERMITS WHEREAS, the Eagan City Council adopted Ordinance No. 2 " Series under which Section 7.07 of the Eagan City Code was amended. WHEREAS, Ordinance No. 2 " Series, Section 7.07, requires the City Clerk to charge certain special event permit 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. 2 " Series, Section 7.07 of the City Code: • Application fee for established route: $150 • Application fee for new route: $250 • Damage /clean-up fee deposit: $300 • City services /resource fee deposit 150% of the estimated city cost for required city services /resources • Type I barricade $1.05 per unit per day • Type III barricade $2.77 per unit per day • Reflectorized plastic safety drum $0.85 per unit per day • Weighted traffic channelizer $0.40 per unit per day • Traffic cone $0.25 per unit per day • Standard traffic sign with support $2.20 per unit per day c 3 ADOPTED this 8th day of February, 2012. Mike Maguire 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 a L P 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 February 8, 2012, 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 SPECIAL EVENT PERMIT RULES AND REGULATIONS WHEREAS, the Eagan City Council adopted Ordinance No. 2 " Series under which Section 7.07 of the Eagan City Code was amended. WHEREAS, Ordinance No. 2" Series, Section 7.07 of the City Code, establishes a special event permit process and requires the Special Event Permit Committee to establish, and amend as necessary, rules and regulations governing the implementation of the special event permit process and the operation of special events under a special event permit. Said rules and regulations are to be adopted by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota that the Special Event Rules & Regulations, attached hereto as Exhibit A, are in accordance with Ordinance No. 2 " Series, Section 7.07 of the City Code and are hereby adopted. BE IT FURTHER RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota that the Special Event Rules & Regulations, attached hereto as Exhibit A, shall be effective upon the effective date of Ordinance No. 2nd Series. ADOPTED this 8th day of February, 2012. Mike Maguire al--1 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 a 4 !! 1I ' b City of Eapit Special Event Permit Rules and Regulations a4-3 TABLE OF CONTENTS Introduction 2 Determining if a permit is required 2 Choosing a location for a special event 3 Choosing a route for a special event 3 Choosing a date and time for a special event 3 Special Event Permit fees 4 Applying for a Special Event Permit 5 Special Event Permit approval criteria 5 Conditions of a Special Event Permit 6 Application changes, rescheduling and cancellations 8 Inclement weather 8 Renter's responsibility 9 Additional permit and license requirements 9 Insurance requirements 10 Introduction These Special Event Permit Rules and Regulations explain what is required of permit applicants before, during and after a special event. In addition to these Rules and Regulations, Special Event Permits are regulated by Eagan City Code Chapter 7.07. Please contact the City Clerk at (651) 675 -5034 for more information about Special Event Permits. Determining if a permit is required Eagan City Code Chapter 7.07 requires a Special Event Permit for the use of City property, use of public rights - of -way, including streets, sidewalks and trails, or a combination thereof, in connection with any of the following: A. Athletic events that are timed or for which prizes are awarded to the top finishers, regardless of the number of participants, which include, but are not limited to, marathons, walk or run events, and bicycle races. B. Athletic events that are not timed or for which prizes are not awarded to the top finishers with 500 or more participants in a walk/run event or 50 or more bicyclists in a bicycle event. C. Events for which street or intersection closures are required as determined by the City or as may be requested by the event sponsor. D. Events, due to its location or nature of activities, will significantly interfere with or obstruct the safe and orderly movement of vehicular or pedestrian traffic contiguous to the event site or event route. E. Events to occur on City property or within public rights of way which will require the use of any City services, including but not limited to: City personnel, City utilities, public safety personnel, use of City traffic controls and devices, sanitary facilities, solid waste disposal facilities, clean up and restoration of City property, that would not otherwise be necessary in the absence of such special event. If any of these conditions apply to an event, then a Special Event Permit is required. City of Eagan Special Event Permit Rules & Regulations 2 Neighborhood block parties do not require a Special Event Permit, but do need to receive a Block Party Permit from the Public Works Department. More information on neighborhood block parties can be found by calling the Eagan Public Works Department at (651) 675 -5300 or visiting www.cityofeagan.com. Choosing a location for a special event When applying for a permit, an applicant should have at least one potential location for the special event. It is the applicant's responsibility to find and reserve a suitable location. If the applicant wants to hold a special event in a City park or City facility, they should call the City Clerk at (651) 675 -5034 to determine which locations are available. It is the applicant's responsibility to choose a site that will accommodate their event. If a suitable location is available, the applicant may make a reservation prior to receiving a Special Event Permit. The applicant must pay the park/facility rental fee and damage deposit within two business days of making the reservation. Securing a park reservation does not guarantee that a Special Event Permit will be issued. Rental fees and damage deposits will be refunded if the applicant is not issued a Special Event Permit. If a special event is to be held on private, church or school property, the applicant must receive permission from the property owner before applying for a permit. Choosing a route for a special event When applying for a permit, an applicant should have at least one potential route for the special event. City staff will have available two to three suggested 5K run/walk routes that can be utilized by applicants. The applicant can also create a new route, which is subject to approval from the Special Event Permit Committee. Sidewalks and trails will not be closed for exclusive use by the event participants. The City does not guarantee the availability or condition of sidewalks and trails. Street closures are required for untimed athletic events with more than 500 participants. Street closures are also required for at least the first half -mile of cycle events with more than 50 participants and timed athletic events with more than 100 participants. All routes using County or State roads, sidewalks, trails and other rights -of -way must receive approval from those agencies. The County roads in Eagan are Pilot Knob Road, Diffley Road, Lexington Road, Cliff Road, Yankee Doodle Road, and Lone Oak Road. The State roads in Eagan are Highway 77 (Cedar), Highway 13, Highway 149, Highway 3, Highway 55, Interstate 35E, and Interstate 494. Choosing a date and time for a special event Special events that take place completely within the City or with routes that begin or end within the City will only be allowed on Saturdays, Sundays and national holidays between the hours of 6 a.m. and 1 p.m. Special events with routes that begin and end outside of Eagan, but that travel through the City may not be held during periods of high traffic volumes as determined by the Department of Public Works and the Police Department. Special events may not be held while the Winter Parking Ordinance is in effect (November 15 to April 15) or when snow removal services would be required for the safety of event participants. City of Eagan Special Event Permit Rules & Regulations �I �� 3 Special events may not be held: 1. On the same date and at same location as another special event 2. Within the same month at the same location as another special event 3. On the preceding or following weekend of another special event at the same location Special Event Permit fees Special Event Permit applications will be not be reviewed by the City until the non - refundable application fee has been paid. If an applicant is utilizing a route suggested by City staff or successfully used for a prior event held by the applicant, the application fee is $150. If an applicant is utilizing a new route, the application fee is $250. A $300 damage deposit is due at the time of application or within two business days of booking a park facility rental, whichever comes first. Park facility rental fees are due within two business days of booking the rental. The Special Event Permit Committee will determine the permit requirements for City staff time and equipment. The City Clerk will provide the applicant with an invoice detailing the required fees. The applicant is required to pay one and a half times the estimated fees. After the event, the City will refund the applicant any unused fees and damage deposit. The applicant must pay for all services and equipment used. The table below represents many of the fees associated with a Special Event Permit. Additional fees, per the City Fee Schedule, shall be required as deemed necessary by the Special Event Permit Committee. Resident Non - Resident Application fees Suggested route $150 (non- refundable) New route $250 (non - refundable) Damage deposit $300 Park Facility Fees Shelter building/pavilion all day $141 $176 Shelter building/pavilion half day $95 $119 Sun shelter all day $55 $69 Sun shelter half day $37 $46 Use of parks for special events $63 $79 Equipment Fees Chuckwagon Grill $46 $58 Extra picnic tables $18 $23 Portable toilettes TBD TBD Staff Rates Firefighter $45 per firefighter per hour Police Officer $71.40 per hour Public Works /Parks Supervisor $100 per hour Maintenance Person — Regular $65 per hour Maintenance Person — Overtime $95 per hour Seasonal Staff $45 per hour Other City License/Permit Fees Fireworks/Pyrotechnics Permit $105 Sign Permit $25 Temp. 3.2% Malt Liquor License $25 Temp. On -Sale Liquor License $150 Commercial Building Permit $135 Sound Amplification Permit $75 Vendor Permit $27 $34 City of Eagan Special Event Permit Rules & Regulations 4 a Applying for a Special Event Permit To apply for a Special Event Permit, applicants must fully complete and sign the Special Event Permit application. Permit applications are accepted on a first come, first served basis a maximum of two years in advance of the event date. Permits will be issued to adults only. Completed and signed permit applications must be submitted at least 60 days before the event. The following items are required with the initial application: • A site plan for the event location(s) that shows the location of the starting line, finishing line, staging areas, tents, portable toilets, vendors, parking areas, sound amplification equipment and any other areas that will be setup as part of the event. • A detailed map showing the proposed route. The route map must show what roadways, trails and sidewalks will be used and the direction the participants will travel. • A detailed traffic management plan showing the placement of all traffic control devices and the location and number of all traffic control personnel. • A route map detailing where all directional signage will be placed for the event. • A map detailing where all signs advertising the event will be placed. • The Special Event Permit application fee and deposit fee. Special Event Permit Approval Criteria After the application is submitted, the City's Special Event Permit Committee will review it to determine if the event meets the City's requirements. Applications for a Special Event Permit will be denied if the Special Event Permit Committee determines any of the following conditions exist: • The application, along with the application fee was filed with the City Clerk after the filing deadline date as set forth in this Section and there is insufficient time to process and review the application or provide the necessary City services required for the proposed event. • Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail. • The applicant has, within the preceding 24 months, violated a previously issued Special Event Permit or its conditions, including the rules and regulations applicable to Special Event Permits, violated any term or condition of any previous park facility permit or reservation to use the City's property, or violated any City or state law in connection with the use of City property or public rights -of -way. • The applicant failed to complete the application form after having been notified of the additional information or documents required, including the provision of traffic and emergency plans. • The traffic plan or emergency plan submitted by the applicant does not meet the approval of the Chief of Police or Director of Public Works. • The sole purpose of the event is advertising or sale of the product, good, ware, or merchandise of an individual business establishment or vendor and is designed to be held solely for private profit. This provision does not apply to the sale of products, goods, wares, or merchandise as part of a farmers' market, art or craft fair, or the like and does not apply if the advertising is secondary to or as a sponsoring organization of the event. • The application for the event is a walk/run/cycle event proposing to exclusively use City sidewalks or trails and the estimated number of participants in the event is 50 or more cyclists in a cycle event, 100 or more participants in a timed athletic event, or 500 or more participants in an untimed athletic event or parade. A cycle event exceeding 50 participants and a timed athletic event exceeding 100 participants proposing to exclusively use any sidewalk or trail may be permitted under this clause if the exclusive use of City sidewalks or trails first occurs one -half or more mile(s) past the start of the event. City of Eagan Special Event Permit Rules & Regulations 5 a 7 • Another Special Event Permit application has been received prior in time, or has already been approved, to hold an event (1) on the same date and same location requested by the applicant; or (2) within the same month; or (3) on the preceding or following weekend of another event, or so close in time and place as to cause undue traffic congestion or the inability of City personnel to meet the needs for City services for both events. • The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route or disrupt the use of a street at a time when it is usually subject to great traffic congestion. • The concentration of persons, vehicles or animals or a combination thereof at the site of the event or the assembly and disbanding areas around an event will prevent proper police, fire, or ambulance services to areas contiguous to the event or significantly cause harm or damage to City property. • The type or size of the event will significantly impact the general public's use of the City's park, park amenities or other public uses or require diversion of so great a number of City personnel, including police, to protect participants in or attendees of the event; to insure that participants stay within the boundaries or route of the event; to ensure the protection of the City's resources at the event site, or to police the operation of the event for assurance of compliance with City and state laws as to prevent the normal operation and protection to the rest of the City's residents. The permit may be denied if the City personnel whose presence at the time of the event is required is not available at the time proposed for the event. • The proposed date of the event is during the period of the City's Winter Parking restrictions or snow removal services would be required for the safety of the participants or attendees of the event. • The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit. • The event is proposed at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof. Conditions of Special Event Permit The Special Event Permit Committee will determine what conditions are necessary to approve the permit. In addition, the applicant will be required to comply with all of the following regulations. • The permit holder, or an authorized designee, shall establish in advance of the event and maintain at all times during the event means to have immediate contact with and access by City staff. • The permit holder shall be responsible for the conduct of all employees, agents, or volunteers working in the event and shall take all steps necessary to ensure the employees, agents, or volunteers working in the event comply with the permit conditions set forth in this Section and all conditions set forth in the permit. • The special event shall have an emergency medical first responder team on site specifically assigned to the event. Based on the size and type of event, additional emergency medical resources may be required. • The permit holder shall comply with all City, county, state and federal laws and regulations relevant to the event, including any animal protection laws and regulations. • No electronic sound system or audio equipment or any other device designed to produce or reproduce audio sound shall be used unless specifically approved under the permit. • No sale or furnishing of food or non - alcoholic beverages shall occur at the special event, unless the vendor thereof has a vendor permit from the City and all required licenses from the State of Minnesota. • No sale or furnishing of alcoholic beverages shall occur at the event unless a license is first obtained from the City. Provided the appropriate license has been issued for the sale or furnishing of alcoholic beverages at the event, the sale shall be subject to all City and state laws relative to the sale or furnishing of alcoholic beverages and shall be conducted in accordance with the licensed conditions. City of Eagan Special Event Permit Rules & Regulations 6 aye • No sale of any goods, products or merchandise shall be sold at the event unless all vendors have a vendor permit issued by the City. • No signs or banners shall be posted unless specifically approved under the permit. • The permit holder or designee is required to be on site during the entire event including set -up and clean -up of the event. • A copy of the issued permit must be retained during the entire time of the event and shown upon request. • A meeting between the permit holder and the City will be held no later than 5 days prior to the event. • Only the facilities and rights -of -way as specified in the permit shall be used. • Events are restricted to the times approved on their permit. Early arrivals or late extensions will not be authorized by City staff in the field. • The attachment of any objects, signs, banners or materials to trees, shrub, light poles or park feature is prohibited. • All approved signs to be posted in City parks must be placed by City staff. Permit holders and their designees are not allowed to post signs in City parks. The permit holder is required to removal all signs within City parks at the conclusion of the event. • All signs posted by the permit holder must be removed no later than the event ending time on the Special Event Permit. Any signs left after the event will be subject to additional clean up fees. • The permit holder may only install tents, canopies and booths as approved in the Special Event Permit. • The use of spikes or stakes is strictly prohibited in all areas of any City facility. Weighted buckets or bags must be used instead. • For events held within City property, portable toilets will be ordered by Parks & Recreation for an additional fee, which applicants are required to pay. All events with portable toilets are required to have a minimum of 1 that is handicap accessible. The placement of the portable toilets will be determined by City staff. • For events held on private property, the applicant must comply with all Special Event Permit Committee requirements for the number and location of portable toilets. • Private vehicles are to remain in designated parking lots and are not allowed on turf, pathways, infields, boulevards, sidewalks, trails or other areas not built for vehicular use. • The permit holder must receive all the permits and approvals required by other governmental agencies. • The permit holder must supply and install all required traffic control equipment and personnel (with the exception of uniformed police officers) in accordance with the approved traffic control plan and the Minnesota Manual on Uniform Traffic Control Devices. Park policies • Requests for a pig roast must be made a minimum of 2 weeks prior to your reservation. • Reasonable decorating of the pavilion for an event is allowed; however, all decorations including tape, string, tacks and signage must be removed at the conclusion of the event including clean -up of Pinata's and water balloons. The use of staples and nails is prohibited. Signage placed within a road right -of -way must be compliant with requirements of the City Code. • Use of tents or canopies will require prior approval and can be placed only in areas pre- designated by staff prior to the reservation so as to avoid underground utilities. The use of spikes or stakes is not allowed without approval. Please use weighted buckets or bags. • Dunk tanks are allowed only with prior notice and must be placed on a hard surface near the pavilion, the exact locations must be pre- approved by staff. The permit holder must make separate arrangements with Eagan Parks & Recreation at least one full week in advance for City staff to fill the tank the day of the event. The permit holder must be on -site from the time the tank is being filled until it is emptied at the end of the day (allow time for the water to warm up), tanks are not to be left unattended and shall be the responsibility of the reserving party. City of Eagan Special Event Permit Rules & Regulations 7 aye • Air filled jumpers will require prior approval and can be placed only in areas designated by staff. The City does not have generators available. The permit holder must provide one if remote power is needed. They will only be allowed if they are not in conflict with existing City programs /services. • As part of the clean-up after the event, the permit holder must: o Clear picnic tables of all trash, pop cans, food residue, and debris and return tables to original positions. o Wipe off and clear kitchen counters, stove and refrigerator. o Place all trash and debris in appropriate receptacles. o Clear floor and adjacent grounds of trash, debris and grease /drippings from pig roast or other mobile grill use. o Remove all pig roast debris from the park, including grease from the cooker, bones and scraps. The reservation holder is responsible for all clean up. o Remove all banners, streamers, balloons and any signage. All tape, string, thumbtacks or other fasteners also should be completely removed. o Ensure that no intentional damage or vandalism occurs at the pavilion or adjacent facilities during the reservation. Notification to residents and businesses of event along route: • Permit holders must notify property owners along the special event route in writing of the event at least 7 days before the event. Permit holders must provide the City Clerk with a signed statement verifying they have met this requirement. • If a road will be closed, the permit holder must post signs every 500 feet along the route 7 days in advance of the event. A sign template from the City of Eagan must be used. The signs will be made at the applicant's expense. • Road closure signs must be removed from impacted lanes /roadways within 30 minutes of the conclusion of the event and from the site within 12 hours of the conclusion of the event. Application changes, rescheduling and cancellations If an applicant requests changes to an event date, time, route or location after the Special Event Permit Committee has reviewed the permit request, the applicant will be required to reimburse the City for additional staff time needed to review the request. Changes to event dates, times, routes and locations may not be made less than 14 days before the event, unless it is at the direction of the Special Event Permit Committee. If an event is canceled, the applicant must pay for staff time spent preparing for the event and any equipment already rented. If an event is canceled less than 24 hours before its scheduled start time, the applicant must also pay for the time City staff were scheduled to work at the event. No refunds will be issued for cancellations of park facility rentals made less than 30 days prior to an event. No refunds for park facility rentals will be made due to weather conditions (exceptions: severe thunderstorms, tornado watches or warnings). All cancellations will be charged a processing fee. Inclement weather While it is primarily the responsibility of the permit holder to cancel an event because of unsafe conditions, special events may be cancelled or postponed by the City staff members if they determine that weather conditions are unsafe for participants, conducting the activity will have a severe and lasting impact on a field, rink or facility, or crews are unable to maintain safe access to a facility due to accumulations of ice, snow or water. If a special event is canceled by the City less than 24 hours before the start of the event, because of unsafe conditions, the applicant is still required to pay for all staff time and equipment. Park facility rentals canceled by City staff due to weather conditions will be refunded, less a processing fee. City of Eagan Special Event Permit Rules & Regulations 8 Renter's responsibility The permit holder must be in attendance at the event during the time specified on the permit and have it in their possession. Permits are non - transferable. The permit holder assumes responsibility for all activities conducted, including, but not limited to: • Conveying all information, policies and procedures to all parties involved in the event. This includes all vendors and sponsors. • Supervision and control to prevent injury or damage. • Maintenance of the premises during the scheduled use. • Cleaning of refuse and debris and disposing in trash receptacles after the completion of the event. • Security to maintain order during and after the event. Persons using the outdoor park areas at any City park will be held responsible for observing all City Ordinances. Additional permit and license requirements Special events may require the applicant to apply for additional permits and /or licenses, including the following: Temporary Alcohol Licenses Serving alcohol at a special event requires a Temporary 3.2 Percent Malt Liquor License or a Temporary Liquor License. Both licenses require a background investigation and City Council approval. Sign Permits Signs advertising a special event require a Sign Permit. City sign regulations include the following: • Signs may be placed on City rights -of -way only, and only with prior approval of Code Enforcement. • Signs may be placed on City rights -of -way 5' or more from the back of the street curb where no trail exists, or, more than 1' from the edge of the trail furthest from the street curb where a trail exists. • Signs may be placed ( + / -) every 1/4 mile and at every turn. Signs may be placed no more than 24 hours prior to the event. Signs must be removed after the last participant finishes the race. • Do not place signs on County rights -of -way without first receiving County approval. County rights -of- way are Cliff, Diffley, Lexington, Lone Oak, Pilot Knob, and Yankee Doodle. • Signs may not be attached to street signs, street lights, traffic lights, light poles, utility boxes, fire hydrants, or other existing, permanent structures in the boulevard or right -of -way area. Signs on Country rights -of -way require approval from Dakota County. Amplified Sound Permits Call Code Enforcement at (651) 675 -5687 to discuss permit requirements for outdoor use of electronic sound systems or audio equipment after 10:00 p.m. Permit applications are considered by the City Council. A completed written application, $75.00 fee, and site plan must accompany the written application. The application materials must be submitted at least three full weeks in advance of the City Council meeting at which it will be considered. Tents and canopies Permits may be required for tents. The tent/canopy setback is 20 feet from property lines. A completed Commercial Building Permit application, $135 fee, and detailed site plan must accompany the written application. City of Eagan Special Event Permit Rules & Regulations 9 If a tent is going to be used, a site plan shall include the following must be submitted: • Location of tent/canopy • Size of tent/canopy • Parking • Fire lane provisions • Distances to structures and property lines • If applicable, provide an interior plan showing exiting/signs, stage location and size, fire extinguishers, trash collection, seating, electrical /exit lighting, heating and floor covering. Tents /canopies must be of an approved type and conform to provisions of the Minnesota State Building Code and Minnesota State Fire Code. Tent spikes and stakes are not allowed on City property. Insurance requirements All event applicants must obtain and maintain commercial general liability insurance on an occurrence basis to protect against loss from liability imposed by laws for damages on account of bodily injury or property damage arising from the event. Such insurance shall name the City of Eagan, its officers, employees and agents, on the policy or by endorsement, as additional insureds. The insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000.00 combined single limit and a minimum $2,000,000.00 aggregate limit. If food or non - alcoholic beverages are sold or provided at the event, whether by the permit holder or a registered vendor, the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000.00. Proof of insurance coverage must be provided at least 5 days prior to the event. City of Eagan Special Event Permit Rules & Regulations 10 a 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 February 8, 2012, 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 NEIGHBORHOOD BLOCK PARTY RULES AND REGULATIONS WHEREAS, the Eagan City Council adopted Ordinance No. 2 Series under which Section 7.07 of the Eagan City Code was amended. WHEREAS, Ordinance No. 2 Series, Section 7.07 of the City Code, prohibits persons from assembling within the vehicular travel portion of any public right -of -way unless it is in connection with an event for which a special event permit or neighborhood block party permit has been issued by the City. WHEREAS, Ordinance No. 2 Series, Section 7.07 of the City Code, further provides that a permit for a neighborhood block party, as defined therein, shall be issued by the Director of Public Works and shall be subject to rules and regulations therefor as adopted by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota that the Neighborhood Block Party Rules & Regulations, attached hereto as Exhibit A, are in accordance with Ordinance No. 2 Series, Section 7.07 of the City Code and are hereby adopted. BE IT FURTHER RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota that the Neighborhood Block Party Rules & Regulations, attached hereto as Exhibit A, shall be effective upon the effective date of Ordinance No. 2 Series. ADOPTED this 8th day of February, 2012. Mike Maguire L 53 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 ci,-i-j- City of Eaaafl RULES AND REGULATIONS FOR BLOCK PARTIES PERMIT REQUIRED • A permit, issued by the City of Eagan, is required to close any public street for any purpose, including neighborhood block parties. PERMIT APPLICATION • Must be signed and completed by a resident impacted by, and responsible for, the street closure. • Must be accompanied by signatures from a minimum of 75% of the impacted properties indicating their support for the block party. • Must be submitted a minimum of seven (7) working days prior to the requested date to allow notification of various departments. STREET CLOSURES • Streets must be accessible to emergency and local neighborhood traffic at all times. • Street closures are permitted only during the hours from sunrise to sunset as published in the local metropolitan newspaper for the day. • Street closures are restricted to only cul -de -sacs and local residential neighborhood streets not exceeding 500 feet from intersection to intersection (or end) of cul -de -sac, or incorporating less than 12 properties taking access from the affected street. • Full or partial closure of designated collector and arterial streets will not be permitted. • No portion of a street shall be closed that results in a remaining portion of the same street from having a convenient and adequate turnaround for the travelling public without encroaching on private property or using private driveways. BARRICADE MATERIALS • No rope, chain, wooden or other heavy material (greater than 50 pounds) type barricades are permitted. High visibility orange traffic cones are recommended and up to 12 will be provided by the City. • Traffic cones can be picked up at the Eagan Maintenance Facility, 3501 Coachman Point, upon payment of deposit. The hours of pickup and return are 7:00 to 4:30 p.m. For weekend use, the pickup is on Friday and the return on Monday. On holidays, the pickup day would be the first working day preceding the holiday with the return on the first working day following the holiday. Weekday pickup days are the day before, and return the day after. No delivery or pickup of cones is provided by the City. LIABILITY/RESPONSIBILITY • The City assumes no responsibility or liability for the street closure, the placement of the barricades /cones or the activities of the block party. • The applicant agrees to comply with all local ordinances and cooperate with local law enforcement officials as requested. • The applicant agrees to clean up any refuse from party. • The applicant agrees to accept responsibility for the timely return of any materials obtained from the City and the fee of replacing any missing, damaged or destroyed materials. h:Vicenses \special event pemits\resolution and rules and regulations \block party rules and regulations 2- 2- 12.doc Rev. 0155 Agenda Information Memo February 8, 2012, Eagan City Council Meeting VII. NEW BUSINESS A. REZONING AND FINAL PLANNED DEVELOPMENT — LESTER BORDSEN ACTIONS TO BE CONSIDERED: ➢ To approve a Rezoning of 1.78 acres from Single Family (R -1) to Planned Development (PD) for property located at 733 Bradford Place. ➢ To approve a Final Planned Development to allow a new detached accessory structure for property located at 733 Bradford Place, subject to the condition listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ A request for six Variances was reviewed by the City Council at their December 6, 2011, regular meeting. The City Council tabled action on the request with direction given to the applicant and staff to pursue an alternative approach to the Variances. ➢ In working with the City Attorney, it was determined that a PD zoning would be the best way to accommodate the applicant's request without setting a negative precedent. ➢ Since that time, the applicant has clarified that the roof pitch on the proposed detached accessory structure would match the roof pitch of the home resulting in the need for five Variances instead of six. ➢ In addition to the new detached garage, the applicant also proposes a 520 sq. ft. addition to the home. ➢ The unplatted lot is 1.7 acres in size and is zoned R -1, Single - family residential. ➢ The property contains the original grain barn (416 sq. ft.) and chicken coop (288 sq. ft.) buildings of the original farmstead. A new house with a building coverage of 1,140 sq. ft. was constructed in 1975 to replace the old farm house. The single -stall detached garage was added to the property in the mid 1970's and was located in the rear yard. ➢ The current owners purchased the property in 1993 and relocated the driveway access from Dodd Road to Bradford Place. ➢ In 2000, the City adopted an ordinance limiting the total size (800 sq. ft.) and number of detached accessory buildings (2). ➢ The applicant proposes to replace the single stall detached garage with a new 1,248 sq. ft. garage that includes a carport. The proposed garage exceeds the square footage allowed per code. ➢ The proposed garage also exceeds the allowed wall height (12' 6" versus 11'). a�� ➢ The old farm buildings will remain and the applicant has indicated they have plans for continued use of them. Lot coverage requirements are satisfied. ➢ City Code allows a maximum of two detached accessory structures. The existing chicken coop, existing grain barn and the new garage total three detached accessory structures. ➢ City Code limits the combined square footage of detached accessory structures to 800 sq. ft. With the proposed new garage, the three accessory structures will total 1,952 sq. ft., a Variance of 1,152 sq. ft. ➢ City Code defines an accessory use as "subordinate and incidental to the principal use." Thus, the size of detached accessory structures must be smaller than the principal dwelling. The house (including the proposed addition) is 1,660 sq. ft. in area, and the accessory structures total 1,952 sq. ft., a Variance of 292 sq. ft. ➢ The PD zoning allows for flexibility from strict code requirements; in this case, allowing for historical structures to remain and the replacement of a structure that is in disrepair. ➢ The Advisory Planning Commission held a Public Hearing on January 24, 2012 and they are recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: February 19, 2012 ATTACHMENTS (3): Location Map, page9,5' Draft January 24, 2012 APC minutes paget9,5 through' 4QO Planning Report, pagesa/Q) through & S7 Location Map ... ® ®__ - - ®�_ �. ® ©� Wesc t =Park • .,.. _ o p, , , I1 1' t ; is 1 �� r ® _ dap ..' 111 ®. _ 0. - ems ea t1 wan ► ► ► / / /%%%JJJ, � � ®®i ® ® ®�� ®• ' • _ _- ®t '.� = CIi//Rtl 1 . �i ® ®�� �SI��w� ®111 / ® ® ® ®®wE■® ®© • -• ._ .._.._ ®. ®, Map Area Extent mils 94 � e ® 161 e vo© C , � - n - r.teed ®o_� r op � � n < © © O ©ao ®v d © ©o oe a © pvoi _1 ; *Stem � o.2 tee AW-Vp c, >® ar ?o w ,©p pled ©r:EA, � �© F � y , O � ©7 © r e s Rwa t`r a - .A. C , - � � I � 4 -iY ©ito36 /� u ,t �•aa •>J�� O 44 ''7 m l e; © .4.,, 0,4 E / � \ ?, maCS 40 40 1;11;1 • _ �© i© © © . B e Rid Par :„- - ©, Q � ©Q . 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PUBLIC HEARING New Business A. 733 Bradford Place Applicant Name: Lester Bordsen Location: 733 Bradford Place; Application: Rezoning Rezoning of 1.78 acres from R -1 Single Family to PD Planned Development. File Number: 24- RZ- 04 -12 -11 Application: Final Planned Development A Final Planned Development to allow a new detached accessory structure. File Number: 24- FD- 03 -12 -11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 18, 2012. She noted the background and history and noted a correction to condition number 2. Member Piper inquired about the existing wall height of the garage and the applicant stated the garage wall height would be reduced by one foot. 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 Filipi moved, Member Vanderpoel seconded a motion to recommend approval of a Rezoning from (R -1) Single Family Residential to (PD) Planned Development upon approximately 1.7 acres located at 733 Bradford Place. Member Dugan thanked the Lee family for the email of support. Member Piper stated he will vote in favor of approval for all reasons stated in the staff report. All voted in favor. Motion carried 7 -0. Member Supina moved, Member Piper seconded a motion to recommend approval of a Final Planned Development to construct a detached accessory structure, not to exceed 1,248 square feet, upon approximately 1.7 acres located at 733 Bradford Place, subject to the following conditions as amended: 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations (15-9 Advisory Planning Commission January 24, 2012 Page 3 of 15 2. This Planned Development allows for the following and further deviations will require an amendment to the Planned Development. • More than two detached accessory structures (not to exceed three) • Accessory structures in excess of 800 sq. ft (not to exceed 1,952 square feet) • Accessory structures to exceed the size of the house • An accessory structure in the front yard • An accessory structure that exceeds the wall height requirements 3. A building permit shall be issued prior to commencing construction of the new garage and prior to demolition of the existing garage. 4. The existing detached garage shall be removed prior to construction of the new garage. 5. The proposed garage and roof shall match the existing house in finish materials and colors. 6. The property shall be platted prior to issuance of any building permits. Proof of recording shall be provided before issuance of the building permit. All voted in favor. Motion carried 7 -0. ateo PLANNING REPORT CITY OF EAGAN REPORT DATE: January 18, 2012 CASE: 24- RZ- 04- 12 -11; 24- FD- 03 -12 -11 APPLICANT: Lester Bordsen HEARING DATE: January 24, 2012 PROPERTY OWNER: Same APPLICATION DATE: Dec. 22, 2011 REQUEST: Rezoning and Final Planned PREPARED BY: Sarah Thomas Development LOCATION: 733 Bradford Place COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R -1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from (R -1) Single Family Residential to (PD) Planned Development, and a Final Planned Development to construct a detached accessory structure upon approximately 1.7 acres located at 733 Bradford Place. Approval of the Rezoning will constitute the Preliminary Planned Development approval. AUTHORITY FOR REVIEW . Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: ale Planning Report — Bordsen Rezoning/Final Planned Development January 24, 2012 Page 2 1. Providing greater flexibility_ in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY A request for six Variances was reviewed by the City Council at their December 6, 2011, regular meeting. The City Council tabled action on the item until February 21, 2012, to allow time for the applicant to work with staff to find an optional approach as the City Council expressed support of the proposed improvement but also concern with setting a precedent via the Variance process. City staff worked with the City Attorney's office and the applicant and determined a Planned Development would be the most appropriate way to allow for greater flexibility from standard zoning requirements. The property is unplatted. The subject site is adjacent to single family homes to the north which are within the "Hills of Stonebridge ", platted in 1987. The property is a corner lot, located south of Bradford Place, west of Dodd Road and east of Wandering Walk Park. According to the applicant, access was originally from Dodd Road until they relocated the driveway to Bradford Place. According to the applicant's narrative, the original farm homestead on this property dates back to the early 1900's. The existing house was constructed in 1975 to replace the original farmhouse. The old farmstead was subdivided over time; the present lot is 1.7 acres in size and is zoned R -1, Single - family residential. The current owners purchased the property in 1993 and have been making improvements to the site since that time. The property contains the original grain barn and chicken coop. In 2000, the City adopted an ordinance pertaining to accessory structures which limited the size and number of accessory structures. Upon adoption of that ordinance, the existing accessory structures on this property became non - conforming as to number and size. a�� Planning Report — Bordsen Rezoning/Final Planned Development January 24, 2012 Page 3 EXISTING CONDITIONS The existing home is 1,140 sq. ft. and the garage is 280 sq. ft. The original grain barn (16' x 26', 416 sq. ft.) and chicken coop (12' x 24', 288 sq. ft.) also remain on the property. According to the applicant, the grain barn is used as a woodworking shop and the chicken coop is used as a dog kennel. The single stall detached garage is in disrepair and the applicant proposes to replace it with a new, 2 1/2 stall garage with an attached carport (Garage 28' x 32', 896 sq. ft., Carport 11' x 32', 352 sq. ft., Total 1,248 sq. ft.). The City Code limits the number of detached accessory structures to two, the total area of detached accessory structures to 800 sq. ft. (when an attached accessory use is not present), and by definition, an accessory use (garage) must be subordinate and incidental to the primary use (dwelling) of the property. Additionally, a carport is considered part of an accessory structure. SURROUNDING USES The subject site is surrounded on the north, south and west by R -1, Single Family Residential zoned properties except for an A, Agricultural property to the East. All properties are developed with single family homes. EVALUATION OF REQUEST Proposal — The applicant proposes to replace the existing 14' x 20' garage with a new 28' x 32' garage. The new garage would be used for storage of the applicant's vehicles, woodworking, storage, as well as a carport to store a boat and camper. The applicant also plans a 520 sq. ft. addition onto the home. The City Attorney had previously advised that allowing more accessory space than dwelling space is tantamount to a rezoning because the R -1 District requires the principal use to be dwelling space and the approval of the request would result in the use of the dwelling space being accessory to the storage use. The existing buildings all were constructed prior to adoption of the current accessory structures ordinance which limits the number and size of accessory buildings on a parcel. Nevertheless, the existing accessory structures are considered non - conforming under Section 11.40, Subd. 9, Nonconforming uses and structures, of the City Code due to number and size. Number of Accessory Structures — There are three existing detached accessory structures on the property. City Code permits only two detached accessory structures. Rebuilding the single stall garage as a 2 and 1 /2 stall garage maintains the existing non - conforming situation with three detached accessory structures. Square Footage of Accessory Structures — As proposed, the three detached accessory structures will total 1,952 sq. ft. City Code limits the combined size of all detached accessory structures to a maximum of 800 sq. ft. At 1,248 sq. ft., the proposed garage solely would exceed that amount. a Planning Report — Bordsen Rezoning /Final Planned Development January 24, 2012 Page 4 With the proposed garage, the total accessory structures will exceed the 800 sq. ft. maximum by 1,152 sq. ft. Size of Accessory Structures Relative to Principal Structure — The proposed detached accessory structures exceed the size of the principal building by 292 sq. ft. The house (including the proposed addition) is 1,660 sq. ft. and the accessory structures total 1,952 sq. ft. Accessory Structure Located in Front Yard — The proposed garage would be located in the same location as the existing garage, maintaining a 100 foot setback to Bradford Place. Originally, this property was not a corner lot, and access was from Dodd Road. At that time, the location of the garage was conforming. At the time of of the Dodd Road upgrade in 2002, City staff encouraged the owner to modify their access from the collector street (Dodd) to the neighborhood street, Bradford Place. While the proposed new garage does perpetuate the existing nonconforming situation (as to location), the existing garage was established in a conforming way and the shift in access furthers the City's goal to limit access to Dodd. Accessory Structure in Excess of Wall Height Requirements — The proposed garage exceeds the wall height allowed per City Code for detached accessory structures. City Code Section 11.40, Subd. 5C9, states "In no event shall the inside wall height of any detached accessory structure, including a detached garage, exceed 11 feet as measured from the floor to the roof decking." The applicant's plans note that the soffit will match the elevation of the house not to exceed 10 feet; however, based upon City Code, the measurement of the wall is 12' 6 ", which exceeds the code by 1' 6 ". Roof Pitch — Since the December 6, 2011, City Council meeting, the applicant has clarified that the roof pitch on the proposed detached accessory structure would match the roof pitch of the home. Conforming Plan — A conforming plan would reduce the number of accessory buildings to two with a combined square footage less than 1,660 SF. Platting — The property is unplatted and will need to be platted prior to issuance of a Building Permit for the new detached garage or any other improvements. Proof of recording must be provided before issuance of any Building Permit. Setbacks and Other Performance Standards — According to the Site Plan, the proposed structure is located in the front yard and will maintain existing setbacks of 100 feet from the public right - of -way and 20 feet from the side lot line. The new garage is proposed to be finished with cedar lap siding to match the existing home. The plan does not specify the type shingles to be used on the roof. The shingles should match the colors of the existing house roof. City Code limits building coverage to 20% of the lot area. The proposed building coverage is 3.99 %. ac��- Planning Report — Bordsen Rezoning /Final Planned Development January 24, 2012 Page 5 Planned Development — As stated earlier in this report, the intent of Planned Development zoning includes: > Provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. > Encourage the preservation and enhancement of desirable site characteristics, natural features and open space. To that end, the City Council saw value in maintaining the historical nature of this farm site while still allowing a common feature (2 1/2 stall garage) enjoyed by most single family residential properties in the City. Their concern was establishing a precedent if this was handled via multiple Variances. SUMMARY /CONCLUSION The applicant originally applied for six Variances and was heard by the City Council at a public hearing on December 6, 2011. The City Council tabled action on the request. The City Attorney has stated that allowing more accessory space than dwelling space would essentially rezone the property because the R -1 District requires the principal use to be dwelling space and this request will result in the use of the dwelling space to become accessory to the storage use. The applicant is requesting approval of a Rezoning of the property to Planned Development accordingly. The Planned Development zoning allows for flexibility from strict code requirements. In this case, the flexibility will allow for historical structures to remain on the property and simultaneously allow for the applicant to replace a structure that is in disrepair. The new garage would also reduce outdoor storage of items that are currently visible from the public right -of -way. The applicant is requesting approval of a Final Planned Development to allow construction of a detached garage and a future addition to the home at 733 Bradford Place. The property is 1.7 acres in size and is zoned R -1. The property is the site of an old farmstead and contains the original grain barn and chicken coop. The original farmhouse was replaced in 1975 and an old garage was moved onto the property in the mid 1970's. The applicant proposes to replace the existing 280 sq. ft. single stall detached garage with an 1,248 sq. ft. 2 1/2 stall detached garage. The existing accessory structures will remain. The net result is 968 additional accessory square footage and the same number of accessory structures from what exists today. The requested deviations would allow the site to continue to have three detached accessory structures, the combined size of the accessory structures exceeding 800 sq. ft., and the combined size of accessory structures exceeding the size of the house. The proposed detached garage would be located in the same location as the existing. The new garage building will be complimentary in materials to the existing house; however, the wall height exceeds City Code standard. . Cpb Planning Report — Bordsen Rezoning/Final Planned Development January 24, 2012 Page 6 City -- policymakers should -- determine -- whether the features of the proposal - are - acceptable: Accessory space vs. dwelling space, more than two detached accessory structures, accessory structures in excess of 800 sq. ft., an accessory structure in the front yard and an accessory structure that exceeds the wall height requirements. Approval of the Rezoning will constitute the Preliminary Planned Development approval for the property. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning from (R -1) Single Family Residential to (PD) Planned Development upon approximately 1.7 acres located at 733 Bradford Place. To recommend approval of a Final Planned Development to construct a detached accessory structure, not to exceed 896 square feet, upon approximately 1.7 acres located at 733 Bradford Place. If approved, the following conditions should apply: 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations 2. This Planned Development allows for the following and further deviations will require an amendment to the Planned Development. • More than two detached accessory structures (not to exceed three) • Accessory structures in excess of 800 sq. ft (not to exceed 896 square feet) • Accessory structures to exceed the size of the house • An accessory structure in the front yard • An accessory structure that exceeds the wall height requirements 3. A building permit shall be issued prior to commencing construction of the new garage and prior to demolition of the existing garage. 4. The existing detached garage shall be removed prior to construction of the new garage. 5. The proposed garage and roof shall match the existing house in finish materials and colors. 6. The property shall be platted prior to issuance of any building permits. Proof of recording shall be provided before issuance of the building permit. Location Map ta lio ®® Wescott Station Park M , _ I 141 1 1 1 flpie4i 4* t " . - .- '----_" - op ` y _ ®.. s. 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'14- 4.11.11140eViirtiltilamnillir i, ,'1" i TRIER VPW XIMI-,-.1,:thyttitiradepAillik I ■ i I ilka e 41414 ft_ l i g E llital case ,' i' Ilinelismil \ ' - - - -. 1' I I 1 I 1 Feet Project Name: 733 Bradford Place o 500 1,000 2,000 Request: Rezoning/ Final Planned Development Legend Case Nos.: 24- RZ- 04- 12 -11/ 24- FD- 03 -12 -11 Legend 1611i Cit Boundary = Parcels A Parks _-j Buildings N 4 4 1° ' City of Eaftil a cp`r Current Zoning and Land Use Map *City of Ea ai Application: Les Bordsen (733 Bradford Place) Type: Rezoning /Final Planned Development Case No.: 24- RZ- 04- 12- 11/24- FD- 03 -12 -11 \ I / � � I I i b A kz u ",9-‘) � K A iwe v y Arm, .,.._,,,,,, isrirtemn*mly P ,4:0 . 0 I ; o �� : ` r .t,,� i � �:� � ��. � , Zoning > ; R -1 Residential Single 4 Al* • VIM F � e ME ` ■. 10 Family Subject Site 4 FII . % w monarbotaw al tprA it.....,_',.; `� sow e eloc. v s w p-totr-i.v4r, nwg 1 " 4 rag , 0014fV** AN■4iivial -..°' Al 116.40* ,14!!!*0. S liana - cm 1p 44 %.' 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J ,j :' a -' ,.. 7' " � 1 ,, ' • " S. +\ i d • i" .t - 3 "k .cam i. . ` �l,.r: 9 +- • - •, + L -' 4 q� � '* i ' • 4 r�'^ 4 w t " , •w a - G g , w 4i 5 7 Y - RECEIVED DEC 22 2�i1 6a:/ ;Li! i �. X ", fit!` yz ` ; A�`' 'z` Fit tb_ ND164 SITE PLAN EXHIBIT "An • PROPERTY SKE TC H (This is not o survey _See Schedule .A for legal description loo SCALE Gps.+tu �,vN •2.V.1. CFtt• IG . 2 ..... • v � A gAI.• M e 1.14 7 j . ti■ Al"' ti llie le illik it . � - , : ' 1i �Q Cttt ° P�a ms ) I LA ° T....;.: h ft 6 f ' z t: � IS � i • ",y VI 0., a 0,, ofr - p� .a •• O\ 1 N 117•511•10/0 ca Q • N O Coc�� t, ife N PP.6 SCA GAAAGE, WV RuItWiQc, Loc.WridN5 "K)0 S rzf5 PtepcniMinn 733 BRADFORD PLACE EAGAN loco 01 theprentsesp The fros cm 1 r ecorrds, T Iss purposes ad should not be used os a surrey. 11 does eo1 cons, I Iute o liability of the conpony and Is intended 101 nor tgoge purposes only: & 7D • EXISTING CONDITIONS FIIe tra. ND16473 EXHIBIT "A" PROPERTY SKE TC H (Thts is not o survey) See Schedule A for legal description 100 SCALE • GtwW 8,../v4 S . TC{it� G , 4i«c_ $E, o ff' b£Mc, O sy r C.I3� ta (8 - (lilt,' ) '(9 . 16 ,0 wil ' .6 "- (1, 4 I. N t s 1 (C) i 30 ' 4 . 0� N 00 . \\ Iz' Q Co c ,�FN Q Pe, RECEIVED Nov 1 4 2011 N l E_`AisTri\)6 DutLbrNG l_oc- ArioN5 / S i Proper II 733 RADFORD PLA EAGAN Z�S "The 'motto* of the lnprorenents shown on this droving ore opproxInote and ore bored on o risuol inspection of the prentses. The lot dinensions are token Iron the recorded plot or courtly records. This drawing Is for intorno!lonol I f purposes old should n oI be used os o sirvey. II dgeIi constitute o I !obi Iity of the conpony and is Intended tor nor 'gage purposes only. O � 11l BUILDING PLANS ' N N 5 t 1 r' Y i T g t X11 i iC L 1 - 11 T 3III'' 1 F III f 1q= I =❑ 11 — _ \\, a MIN101 511.1ffilIMMIMft:111111 . 11 / 111111 ` -- -1411111 \\. z =ur ° a = _ I =ul_n1 _ I w —v,: p a 7 r:0 .. N- 4-:4 \ N f - ;� n -In t11 d I > '1 1 \ I $ U ; K a I i h r d O 0. p t -2 1I t ,,s� 1 S -- J T , N r F.----1i--4 . s e' C o t 3 F ) y t rri K -o >I' .o >K . -0 >1 i � b• H > N 1 1 .c F . I L- ' - f' 1 8 g g l I c :L; _I 1 l L__ �. R M m I Ci x- '' (T3 c i T T r i. I F P = os cp , , ..,„ , ...,_ , t C i 1 r 00 1 e s D r � � 3 it cz hi L m s'.: D M is i 1 aB n c < d' 1c z M 55 Q ° G M _— 02 I BUILDING PLANS NISI . V v $,-.1. N i t 8 S, 8 y i uiii irn \ , IX ®si , -,1 111 il I< S _ m y `_ J ICI 7-77 1 p I , t L _ _ I _1\ o, r i I I 11 J 1 I I I � I 1 1 I1 1 I 1 I 1 L 1 C{ I —J\ I 4• ) .v 11 A i I n � I K +, 1 8 G 1 1 1 8 1 I I „, 1-4 r. )"r3 1 F I 1 � I I rn 1 I 1 5� I 1 1 8 4 1 1 I i 'G w1 I g 1 ” b . , 1 N I n` L K — a '73 BUILDING PLANS , ___, L___ ____: 1 1 •, • i ' i I 7_ . .7—_—_ -_ _ ,- - : — I I - -- - • _____. ---_=-+•—___,--_, ___--= '-"--.-( ---- .--- -1,= = ----. .-- I I 1 li ! i q 1 i F . i . . , , [ . 1 . 1 I.. . Ji I 4 x I s . i e ,.. P r i' 1 2d • -k b I ,t) I - T: .-f. 7 -..c , I —■....-- - - i o • i H 1 ' r IN P • 1 5 11111311111 0. ... . , ,z-rm= 1 , in aim r _ T_E Ill . ill ,b T. ---ii(---- ts --*------- - t 'I; A -x------ n- 11 \ r --,, rri 11 z i r I ct• ril • . y r c '1 - C'n tk h ...i -L. i C -- g 111111111111.1..1...11.E 0. - 11 f x i 1 mi. g I V. V i .-............_..... -t 2 I " . V? f• s . , . 2 I . , - X .----. _ 1"1111111111111111 . 1 1 111 1111.11111111 'r okimairsi. 'eliiisiesm■in k .7 HOUSE ADDITION r n �Ra0Sg � x2G Z y�p A) FLcofa PLri . • N I ' 2 , ice - 1 7 - I j - - r i T 1 I- Z — — 1 ; \ ij ed,..4- 0 .,, i _ 4A KTti6 - 1 .. - L7.STN(� 3£ I I 4e7„,..../- 3tY a..0 1 - i I S j ri-r £L L v 4 i-j at) 733 . 8 AA4;aA 1 RECEIVED DEC 22 2011 1 N /Y14U 5 - ' z3 a7s 1 NARRATIVE Les and Lynne Bordsen Garage Variance 733 Bradford Place Eagan, MN. We purchased our property of nearly 2 acres from the estate of Hertha McCarthy. Since this time we have been working at bringing this property up to date. Hertha's parents, who had migrated from Germany, had built the original farm stead in with German influence in the early 1900's. The old home stead home had been replaced by a small rambler built in 1975. The property for the double cul -de -sac neighborhood around this property was purchased from Hertha and developed with some 11 homes in the early 1990's. Heartha's property had been left unattended for 4 years since her passing when we purchased it in July of 1993. Animals had taken over the residence and had been living in the 4 out buildings. The yard had been growing wild for 4 years and was in terrible shape as were the buildings. Some of the upgrades we have done were to remove the old brooder house, tear down the outhouse, have natural gas brought in and the old 500 gallon propane tank removed. We upgraded the electrical to a 200 amp service and removed the overhead phone and electrical pole and had those brought in underground. We re- located the driveway from Dodd road to Bradford place. We tore off the entire 3 -1/2 pitch trussed roof and replaced it with a 12/12 pitch trussed roof in keeping with the German influence. All the windows were removed and upgraded to high efficient windows and we resided the entire house. We built a covered porch on the front and a deck on the side of the house. The entire property was re- graded and landscaped with an irrigation system installed. We hydro- seeded the entire lawn and built retaining walls. Installed a brick paver driveway and patio /fire pit area with several flower gardens built into the retaining walls and surrounding landscape. The small grain barn and the chicken coup were re- roofed back to the original cedar shake shingles. We also replaced the old windmill with a refurbished period windmill. In the near future we hope to build an addition onto the house and reside the 2 out buildings to its original vertical cedar plank siding boards after the garage project is complete. Currently there is an old garage that had been moved onto the property back in the mid 70's. The new garage we hope to build would replace the old run down garage. The garage will be used for parking our cars out of the weather and a space for some wood working. The upstairs attic space is for storage. We plan to have a roof extend on the back side to park our boat and pop up camper under a cover and out of site. Please consider allowing us to continue with our plans to upgrade and maintain the original farmstead as best we can. We do not want to lose any more of the outbuildings as they add to the rich history of the property. We feel the property is large enough to easily fit a new garage in replacement of the old run down garage that is currently there. We feel we would be adding value not only to our property but to the neighbor's property as well. a:71Q 10 P . CE I VED Agenda Information Memo February 8, 2012, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — LONE OAK MARKET ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), a Conditional Use Permit (CUP) to allow a temporary grill for seasonal outdoor sales on property located at 1286 Lone Oak Road, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The 2.3 acre property is zoned NB (Neighborhood Business) and is located within a commercial area. The site contains an existing convenience gas station connected to a retail strip center. ➢ Seasonal Outdoor Sales are allowed for more than 10 but less than 90 days. ➢ The Site Plan identifies the proposed location for the grill to be in the parking lot adjacent to the convenience store and to occupy two parking stalls. Safety measures have been included with the proposal. ➢ The annual Seasonal Outdoor Sale is proposed to occur Monday - Friday from June through August, and will not exceed 90 consecutive days. ➢ The Seasonal Outdoor Sale and Temporary Outdoor Event standards have been met. ➢ The Advisory Planning Commission held a Public Hearing on January 24, 2012 and they are recommending approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: February 17, 2012 ATTACHMENTS: (3) Location Map, pages 7g Draft January 24, 2012 APC minutes agaa ` I Planning Report, pagesrq through*q?) r77 Location Map • • y AN IN g31c14W3•ll. K F - :! ILI. 4411P - Vet. L• _ / -A` Ln ak R� •y Ne� Yank -- Doodle Rd, k®a ■ ® AVf ® s • is 11471111. .. + Tj ' CI R RA i1)41,1 NM ' " 011 01_,,Z '-- a � y Map Area Extent , �l• �. ' ' a6666BB6 L•eki'ngton Par ®vG%A iir .. Q aaa.��lfi�i ®e!e I lir tirilhatil _ : 4* 41 - � SI' 7 j M ' .6.- M #411111A 0 # f 0.0.A.11. NO EC 8 1E On(RO 1) I iti . . ; t Subject Site ! 4R 4 ,,,,keRra v j .o _ • i , i , li 4% . ,.. • ICE ■ fizz 0 £ fill • 2 qg z 11® E ®� t et ©li M oons hine Park - = i © D All ` t+,e © 1 u Ni V . % ' 4 ' ji 7-.)- p .., • . jall {3 a N PKVf � MARICE OR 4 I I I Feet Project Name: Lone Oak Market 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case No.: 10- CU- 18 -12 -11 s I_ . City Boundary Parcels A �i Parks _!T Buildings N city of >;apl ae/ Advisory Planning Commission January 24, 2012 Page 4 of 15 B. Lone Oak Market Applicant Name: Lone Oak Store LLC Location: 1286 Lone Oak Rd; Lot 1, Block 1, Eagandale Lemay Lake 3rd Addition Application: Conditional Use Permit A Conditional Use Permit to allow a seasonal outdoor sale. File Number: 10- CU- 18 -12 -11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 18, 2012. She noted the background and history. There was discussion on the use of a mascot holding a sign for events. Planner Thomas stated condition number 8 addresses the issue. 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 Piper moved, Member Filipi seconded a motion to recommend approval of a Conditional Use Permit to allow a temporary grill for seasonal outdoor sales on property located at 1286 Lone Oak Road legally described as Lot 1, Block 1, Eagandale Lemay Lake 3rd Addition, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The seasonal sales shall be allowed between June 1 and August 31s each year, but not to exceed 90 consecutive days. 3. All structures shall be removed by. September 1 each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 5. The activity shall occur only within the area designated on the Site Plan. 6. : The site shall be kept in a neat and orderly manner and the grilling shall be contained within the approved area and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Hours of operation shall be between the hours of 10:30 a.m. and 2:00 p.m. Monday- Friday. 8. Signage shall be subject to City Sign Code requirements; up to three temporary signs are allowed, but shall not exceed a total area of 25 square feet. 9. The applicant shall maintain a MN Department of Health food license. Member Dugan stated the applicant is working with code enforcement to address all issues and donating revenue to Feed My Starving Children. All voted in favor. Motion carried 7 -0. 07c( PLANNING REPORT CITY OF EAGAN REPORT DATE: January 18, 2012 CASE: 10- CU- 18 -12 -11 APPLICANT: Lone Oak Market HEARING DATE: January 24, 2012 PROPERTY OWNER: Lone Oak Plaza Limited APPLICATION DATE: Dec. 20, 2011 Partnership REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 1286 Lone Oak Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow a temporary grill for seasonal outdoor sales on property located at 1286 Lone Oak Road legally described as Lot 1, Block 1, Eagandale Lemay Lake 3rd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. 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. Planning Report — Lone Oak Market January 24, 2012 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Lone Oak Plaza development was platted in 1988 with the creation of one lot and one outlot. Ultimately, the outlot developed as a hotel (Hampton Inn) in 1994. The seasonal sales have occurred previously without City approval and the owner is now working with Code Enforcement to become compliant with City Code. Previous events have included a mascot holding a sign used to direct attention to the sale. This type of advertising is not allowed per City Code. EXISTING CONDITIONS The property consists of a convenience gas station connected to a retail strip center. • 6 i Planning Report — Lone Oak Market January 24, 2012 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Lone Oak Road South Hotel (Residence Inn PD, Planned GC, General by Marriot) Development Commercial East Hotel (Hampton Inn) PD, Planned GC, General Development Commercial West Apartments (Le May R -4, Residential HD, High Density Lake) Multiple EVALUATION OF REQUEST Code Requirements — The City Zoning Code allows for seasonal outdoor sales as a Conditional Use within the commercial zoning districts of the city, subject to the adopted standards. The City Code defines a seasonal outdoor sale as "the outdoor storage and sale of goods within a duration of more than ten and less than 90 continuous days that are accessory to the principal use or structure." Section 11.10, subdivision 29.4 identifies performance standards for a seasonal outdoor sale. Seasonal outdoor sales also must comply with the standards applicable to temporary outdoor events outlined in Section 11.10, subdivision 29.3. This proposed CUP will be evaluated relative to these standards. Description of Proposal — Lone Oak Market and Deli is proposing to add a grill -out for seasonal outdoor sales to the property at 1286 Lone Oak Road. The proposal includes a 10' x 12' (120 sq. ft.) space that utilizes two existing parking spots. The space would include a grill, surrounded by a 4 ft wood structure on three sides to protect customers from coming into contact with the grill and also a tent to keep the food out of direct sunlight. Safety cones will be placed adjacent to the drive aisle and three garbage receptacles will be provided in the area. The applicant has provided a copy of the MN Department of Health food license. This license must be kept up to date. Compatibility with Surrounding Area — The request appears consistent with the area. The existing development is commercial retail. Apartments are adjacent to the west of this property; however, the proposed location allows for separation between the uses via the gas pumps, Eagandale Place roadway and existing landscaping. Duration — Lone Oak Market is proposing their season would be Monday — Friday, from June 4th to August 31 annually, for a total of 89 days. This meets the 90 continuous days allowed per City Code. Only one seasonal sale or outdoor event may occur at one time. Planning Report — Lone Oak Market January 24, 2012 Page 4 Grading /Storm Drainage — No new pavement will be added as a result of this permit. Parking — Parking will be provided on the property within the existing parking lot. Seasonal Sales Standards — Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11.10, Subdivisions 29.3 and 29.4. 1. Adequate off-street parking shall be provided to ensure that no obstruction or interference occurs with existing traffic patterns. This requirement is met. The proposed grill area will occupy two parking stalls and will leave the handicapped accessible stalls open. Safety cones will be utilized to separate the grill area from the adjacent drive aisle. 2. No portion of the event shall take place within any public right -of -way. A minimum setback of ten (10) feet shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any abutting property line of any residential use or residential zoned property, which is not separated by public right -of -way. This requirement is met. The grill area is 200 feet from the residential property to the west and is separated by Eagandale Place. 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. This requirement is met. The sale area comprises 120 square feet (0.12 %) of the 2.3 -acre site. The grill area is proposed to be located over two existing parking stalls closest to the Lone Oak Market and Deli building entrance. 4. All signs for the event shall comply with Eagan City Code sign regulations. The City Sign Ordinance allows up to three temporary signs, but cannot exceed a total area of 25 square feet. The applicant's narrative states, "The only signage will be a small sign with grill prices on it, and another letting people know the hours of operation. These will be attached in a neat fashion to the grill surrounding structure." 5. Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. This requirement is met. The grilling area consists of 120 sq. ft. in size with a temporary tent that does not require a building permit. 6. The owner or operator of the event shall have the written permission of the fee owner of the property on which the event is located to use the specific site. The property Managing Agent for the property owner has signed the Conditional Use Permit application. 7. Hours of operation shall be subject to this Chapter's regulations governing hours of operation of commercial businesses. This requirement is met. The applicant proposes to grill between the hours of 10:30 a.m. and 2:00 p.m. Monday — Friday. Planning Report — Lone Oak Market January 24, 2012 Page 5 8. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. This requirement is met. All parking can be accommodated within the existing parking lot. 9. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. This requirement is met. The applicant has proposed to have a 4 -foot tall, 3 -sided structure to provide a separation between the public and the grill. Safety cones will also be used to identify the grill area. This area must be orderly and contained within the two parking stalls as described. 10. The sale shall not encroach into any required front building setback area or other required setbacks. This requirement is met. The proposed grill area is located within the existing parking lot which is not within any required setback areas. 11. The sale area shall not interfere with any pedestrian or vehicular movement. This requirement is met. The drive aisles within the parking lot will remain open. No sidewalks are impacted by the proposed sale area. 12. The sale area shall not take up required parking spaces or landscaping areas of the principal use. This requirement is met. Based on the minimum parking requirements in the City Zoning Code, there are 75 parking stalls required to serve the 16,130 sq. ft. building. Currently 79 parking stalls are provided (this differs from the 72 stalls as shown on the Site Plan). Therefore, the site exceeds retail parking requirements by four stalls. The grilling area would occupy approximately two parking stalls. 13. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. This requirement is met. The sale area will be located within the existing parking lot, which has bituminous surfacing. The surface shall be properly maintained to prevent deterioration. SUMMARY /CONCLUSION The applicant is proposing the seasonal outdoor sale of grilled food at 1286 Lone Oak Road. This type of commercial use appears compatible with other uses in this commercial area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a temporary grill for seasonal outdoor sales on property located at 1286 Lone Oak Road legally described as Lot 1, Block 1, Eagandale Lemay Lake 3rd Addition. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. Planning Report — Lone Oak Market January 24, 2012 Page 6 2. The seasonal sales shall be allowed between June 1 and August 31St each year, but not to exceed 90 consecutive days. 3. All structures shall be removed by September 1 each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 5. The activity shall occur only within the area designated on the Site Plan. 6. The site shall be kept in a neat and orderly manner and the grilling shall be contained within the approved area and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Hours of operation shall be between the hours of 10:30 a.m. and 2:00 p.m. Monday - Friday. 8. Signage shall be subject to City Sign Code requirements; up to three temporary signs are allowed, but shall not exceed a total area of 25 square feet. 9. The applicant shall maintain a MN Department of Health food license. -agS Location Map 1 r , ® � i - � ran D•oale.Ra r 1 AV i % % ! ' 4 , - Map Area E - Lexington ark ®v� 0' :2<iii. ®oho ' - ' iM V 00 ..c....,. . 3, itil O b PM © i T Ei Pep ® z ID O ® ® s_ ;' 4111111 ; P 1 111 � z * 'r(e_i w .,--- E :"E Q � � ° R � '• 9 r, � � e Fes , . 0;4; �� ISERE iiii -*( a ,4 -. IIIIE ) 51-4, -: i®®©®uti Subject Site E -Y - s is ! °i't* ; Moonshine Park 3 F s ` t_ e `' GeAINI RU o s 1 Z NOR y �. • PKWY iii 4,-1_ II ari r‘b, I ' O ly MARICE DR O - 1 1 I I Feet Project Name: Lone Oak Market 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case No.: 10- CU- 18 -12 -11 ,.,,. lima City Boundary Parcels /� Parks ! / /' \ \� _r Buildings N City of Eaiai 0) g to I 40 1` Current Zoning and Land Use Map City of Eke Application: Lone Oak Market (1286 Lone Oak Rd.) Type: Conditional Use Permit Case No.: 10- CU- 18 -12 -11 sY■ ® 1.1 , I -1 t a , RD Z I= i Zoning r • S ub C.S.A.H. NO.26 LONE OAK ROAD Subject t Site NB - Neighborhood NB IIIM Business mil A R4 PD s , ,, f MI ( �� 44,. R -1 R -3 1 -1 1 c ' ,. IND I IND � � i , g IN • 5 ri •— W Subject Land Use Plan Site C.S.A.H. NO.26 LONE OAK ROAD) A: %loin RC - Retail Commercial i HD bp ..„ RC / LD co ir us �` r / � M D / r IND N 0 300 600 1,200 -- g Feet w v ° 0 r� Y AERIAL • L. T j E z O „ ! ," II „.4',._,14,1,4:- r--..--,r, y .t s : NOV. A- _ I nrfi �: .. !' k k a .. :-s ^ - - COI ' 8 • r s r r= r f fD 1s ‘I. A •� r ,r•• Y x • • T { f „III* 1 i G t '• • . S ty.”' ' co" - - ?..l ._., ,. r �.r. „�7Hwe+• ` i f t ! � tt .�o iwr.w rs 7 �/� . fiva a z f _, AX:',?;: i` I ., • • • .. _...w i i t _ ran' i ie • I II— P. - —, sir - s i - k . t .:-- ---1— __I] in i t, I' • �' t ' t • 'T ' . o CD ( t &t O � • +' ' . I. co ' . .. tl .k. *-- 1 1. .. :t ;: 7 :I I : '. I. Via t�.e:. •� SITE PLAN RECEIVED JAN 0 1 L . ii. , . ,, ,, ,,:, ,, ______ __________________ Opp p to3 5s \ 4 1 6 I a I Z >I 6. . n (---- I I C I O RS 0 A SITE DATA cu Sale Area Land Size p (10ft x1211) 2.30 Acres J $ Total Building size d 16,000 sq ft it I 0' 72 Total Parking IP Spots Max 2 Parking „%e... Spots used for sale Density: Mixed residential, 1 business . Lone Oak Market . Garbage Cans ( • Cones 66 6. • N a E 0 G y g I 1 -----\ i _____ q GRILL PLAN RECEIVED JAN 0 51011 i View from Front View from Top 1_ ca►Noe1 0 A rr seE b D c� ai) NARRATIVE Conditional Use Permit: Lone Oak Market 1286 Lone Oak Road LEGAL DESCRIPTION: Lot 1, Block 1, Lemay Lake 3rd Addition PROPERTY IDENTIFICATION NUMBER: 10- 22527 -01 -010 PROPOSED PLAN: My name is Tony Donatell, and I am the manager and owner of the Lone Oak Market & Deli located at 1286 Lone Oak Rd. Our market and deli is part of the Lone Oak Plaza, which is zoned for Neighbor Business use. Next summer, from June 4th - August 31st, we would like to grill -out in our parking lot outside of our store. The concept is simple; we grill burgers, brats, hot dogs, etc., from 1030am -2pm, Monday through Friday, for a total of 58 grill days. For this proposal we are not requesting any changes to the zoning classification or the Comprehensive Guide Plan. Surrounding land uses include research and development, limited industrial, planned development, and residential multiple; we strongly believe that no one will have an issue with our grill -out plans. We will be able to meet all of the standards requirements for season outdoor sales: a. Our sale will meet all of the minimum requirements for temporary outdoor sale events. We have adequate off- street parking, no portion of the sale will take place in public right -of -way, the site will be kept very neat and orderly, sale signage will be well under 25 sq. ft, the tent and temporary structure will be less than 120 sq. ft, permission from the property owner has been granted, and the hours of operation will be limited to 10:30am -2pm. b. The sale area will not be within an enclosure, but it is not necessary to be in an enclosure as we will not be selling tobacco or alcohol. We will have a protecting structure around the grill to make sure no one gets injured. c. The sale area will be in front of the store in order to provide the easiest access for our customers and to allow for visibility. There is not adequate parking in the back of the store, and the side of the store would not be feasible, as the gas pumps are located there. d. The sale area is screened from view of adjacent residential property by several layers of trees and landscaping. e. The sale area will not interfere with any pedestrian or vehicular movement. f. The sale area will only take up 2 parking spaces, and will not take up any landscaping areas. RECEIVED DEC 2 1 2011 g. The entire sale area is covered with black -top In addition, the sale will not require any large banners or other large signage on the building, or near the roadway. The only signage will be a small sign with grill prices on it, and another letting people know the hours of operation. These will be attached in a neat fashion to the grill surrounding structure. As part of this event, we will be donating to Feed My Starving Children (Eagan - location) 24 cents for each grill -out meal sold. 24 cents is significant because it is the exact amount it costs them to pack and ship a "meal" to starving, malnourished children all over the world. We estimate based on past experience that we will serve around 300 grill meals per day, so by the end of the event we estimate being able to provide a check to Feed My Starving Children to cover 17,400 meals, about $4,000. I would like to sincerely thank you for your time and consideration of this application, we hope you will approve our conditional use permit. Tony Donatell <-1 -DA General l anager & Owner Lone Oak Market & Deli A locally owned and operated business RECEIVED DEC 2 1 2011 7 NARRATIVE RECEIVED JAN 9 Conditional Use Permit: Lone Oak Market 1286 Lone Oak Road LEGAL DESCRIPTION: Lot 1, Block 1, Lemay Lake 3rd Addition PROPERTY IDENTIFICATION NUMBER: 10- 22527 -01 -010 Applicant Contact Info: Tony Donatell, General Manger 651 - 335 -0620 (Business Cell) 651 - 452 -0476 (Store Phone) Additional Notes: The proposed grill out area includes 2 parts, all within the 10x12 foot space; a grill surrounded by a solid surround structure that will keep customers from getting to close to the grill, and a small covered area where we store the food and buns out of the sun. The grill will not be under the tent, and the tent is protected from vehicular traffic by the grill and surround. We will also place some tall cones around the front of the sale area to keep vehicles a safe distance from the sale area. Two additional garbage cans will be provided near the sale area in addition to the normal number of garbage cans that serve the strip mall. a`3 Agenda Information Memo February 8, 2012, Eagan City Council Meeting C. CONDITIONAL USE PERMIT — LOST SPUR GOLF COURSE ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), a Conditional Use Permit to allow a pylon sign with a dynamic display on property located at 2750 Sibley Memorial Highway, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The 70 acre property is zoned P (Park), and has operated as a golf course since 1968. A new Golf and Event Center was constructed in 2011. ➢ The applicant is proposing a 20 -foot tall pylon sign with 80 sq. ft. in total sign area and 15 sq. ft. for the building address. The business name portion is 50 sq. ft. and the dynamic display portion is 30 sq. ft. ➢ An existing 7 -foot monument sign exists at the entrance of the property but is located two feet within MnDOT right -of -way. ➢ The applicant is proposing to remove the existing sign and the new sign will meet the required 10' setback from the right -of -way. ➢ The proposal satisfies the Sign Ordinance standards for pylon and dynamic signs. ➢ The Advisory Planning Commission held a Public Hearing on January 24, 2012 and they are recommending approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: February 17, 2012 ATTACHMENTS: (3) Location Map, page n Draft January 24, 2012 AP inutes ag (p through 1 Planning Report, page through 5 ?/ Location Map ;; ' ili . Lone •a .� � kR YanM -e 0ootll .® , o/Re - RC AM all A Y // II Map Area Extent liliill Ilii1lil,iNilliIfi1 - "7'. m7. , 493 op F G 1 ort SnelUng •- • ("c. - , ,, iri 14111141 illik■ 'r " Mlik [Subject Site 1.,:,,, ;y..,� nN i , �n1y1:�:, ■ ni ...,..._,........, 4t.': '":"' 1 f t. • ‘il MU .„. vir ,._„.,..‘„: 4z, .._.,. _,,,,,,,,, ......... ema ill 4. 1 litr 1::: IEIi!IIi pjiji a .• � untryfHome•Paris -- EN«© ©© P Hi ie_w Park ` E7' �� P ' � ��a ee fld` a v : .--'2--411:1:11a.. SDO ,.,_ tee. ®► �adgderal v 0 © ®c�� .oiaa r II1Nams 1 OQ ©4 4 ...9- . ,,-,.. i 9 i P14, zs 111111 ....1 Ille 0© 0. Al L NO.fC LONE OAR ROAk , ' 1 . A rakk iraittatig I i ll a Pi El 'IV , if NI Project Name: Lost Spur 0 500 1,000 Feet Z,000 Request: Conditional Use Permit Case No.: 04- CU- 17 -12 -11 Legend J linui City Boundary Parcels Z Parks e;- Buildings N City of Eaaai 1 Advisory Planning Commission January 24, 2012 Page 5 of 15 C. Lost Spur Applicant Name: Lost Spur Location: 2750 Sibley Memorial Hwy; Lot 1, Block 1, Highview Country Club Addn. Application: Conditional Use Permit A Conditional Use Permit to allow a pylon sign with a dynamic display. File Number: 04- CU- 17 -12 -11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 12, 2012. She noted the background and history. Member Dugan asked if the sign would be visible from the Interstate 494 overpass. Planner Thomas explained that visibility from the Interstate 494 overpass is unknown however the visibility of the existing sign would indicate that the new sign would likely have some visibility from 1 -494. Member Vanderpoel asked why the sign would only change in 20 minute intervals. City Planner Ridley explained the City Code stipulates the frequency of message change to reduce distraction to motorists. Member Supina inquired about the size of the dynamic portion of the sign. Planner Thomas stated the conversion comes to 30 square feet of dynamic signage. Ed Trost, Schad Tracy Signs, explained that the Federal regulated interval for dynamic signage is six (6) seconds for billboards located along interstate highways. Chair Heaney opened the public hearing. Pat Marand, 1461 Highview Avenue, asked if the dynamic display will be on both sides of the sign and if the sign will be visible to homes on Highview Avenue. City Planner Ridley stated that existing vegetation and varying site topography should largely screen the sign but that it may be visible from some vantage points. There being no further public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Piper seconded a motion to recommend approval of a Conditional Use Permit to allow a 20 -foot tall, 80 square foot pylon sign with a dynamic display for property located at 2750 Sibley Memorial Highway, subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The existing monument sign shall be removed prior to installation of the pylon sign. 4. The pylon sign shall be setback a minimum of 10 ft. from all property lines. 5. The pylon sign shall be located as indicated on the site plan received December 21, 2011. a9tk Advisory Planning Commission January 24, 2012 Page 6 of 15 6. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated January 6, 2012. 7. The pylon sign shall comply with all Sign Code requirements. 8. Landscaping shall be restored to the current condition by June 1, 2012. Member Dugan explained that dynamic displays within the city are used more for events versus the advertising model used on interstate. City Planner Ridley discussed the ordinance and stated signs not on the interstate have different regulations. All voted in favor. Motion carried 7 -0. a 97 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 12, 2012 CASE: 04- CU- 17 -12 -11 APPLICANT: Lost Spur HEARING DATE: January 24, 2012 PROPERTY OWNER: Osman Shrine APPLICATION DATE: Dec. 20, 2011 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 2750 Sibley Memorial Highway COMPREHENSIVE PLAN: REC, Private Recreation ZONING: P, Park SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a 20 -foot tall, 80 square foot pylon sign with a dynamic display for property located at 2750 Sibley Memorial Highway, legally described as Lot 1, Block 1, Highview County Club Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. 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. age Planning Report — Lost Spur January 24, 2012 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY Lost Spur is a 9 -hole golf course which opened in 1968. A new Golf and Event Center was constructed in 2011. Presently, a 7 -foot monument sign with a manually changeable reader board exists at the entrance to the property located off of Sibley Memorial Highway. This sign is located 2 feet within the MnDOT right -of -way. EXISTING CONDITIONS The property consists of 70 acres and was platted in 1999. The new banquet facility is a two - story building and can accommodate up to 400 guests. The subject property has a single access from Sibley Memorial Highway. Planning Report — Lost Spur January 24, 2012 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North I- 494/Mendota Heights South Single - family R -1, Single - Family LD, Low Density residential residential (0 -4 units /acre) East Office PD, Planned MO, Major Office Development West Ft. Snelling State Park P, Park P, Parks, Open Space & Recreation EVALUATION OF REQUEST Compatibility with Surrounding Area — Parks (P) districts are intended for public and private park uses and related facilities. Prior to the golf course, the property was a horse and supper club. Proposal — The applicant is requesting a CUP for a pylon sign with a dynamic display to allow for announcement of events and programs. The proposed sign is 80 square feet in area and 20 feet in height. The business name portion of the sign is 50 sq. ft. and the dynamic sign portion is 30 sq. ft. The sign will also include the building address as the building is not visible from the public right -of -way. This area is 15 sq. ft. and is not included as part of the overall sign area calculation. With that, the size of the address area should be limited to what is shown on the sign plan submitted January 6, 2012. The sign will be supported on square steel columns. The proposed pylon sign is to be located 10 feet from the Sibley Memorial Highway right -of -way meeting standard Sign Code requirements. Sign Ordinance — All ordinance requirements appear to be met. The general sign standards of the dynamic sign code allow a message to change every 20 minutes and the dynamic sign must be subordinate to the business name portion of the sign. The character height is based upon the speed limit of the adjacent roadway, which is 15" for the 55 mph speed limit on Sibley Memorial Highway. The address portion of the sign is also designed based on this character height requirement. The City Code allows for a pylon no greater than 27' in height and no larger than 125 square feet in area per side with approval of a Conditional Use Permit. Pylon signs are not to be located within 300 feet of each other on the same side of the street. Planning Report — Lost Spur January 24, 2012 Page 4 Landscape Plan — The applicant has stated the area under the sign will be sod to compliment the business of a golf course. SUMMARY /CONCLUSION The applicant is requesting approval of a CUP for a 20 foot tall, 80 square foot pylon sign with a dynamic display. The business sign is 50 sq. ft and the dynamic display sign is approximately 30 sq. ft. The message may only change once every 20 minutes, per the Sign Ordinance. The site address will also be located on the pylon sign as the building is not visible from the right -of -way. The proposed sign appears compatible at the proposed location and appears to satisfy bulk standards for pylon signs in the Sign Ordinance. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a 20 -foot tall, 80 square foot pylon sign with a dynamic display for property located at 2750 Sibley Memorial Highway. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The existing monument sign shall be removed prior to installation of the pylon sign. 4. The pylon sign shall be setback a minimum of 10 ft. from all property lines. 5. The pylon sign shall be located as indicated on the site plan received December 21, 2011. 6. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated January 6, 2012. 7. The pylon sign shall comply with all Sign Code requirements. 8. Landscaping shall be restored to the current condition by June 1, 2012. • JO 1 Location Map , ,.•••• , 11 n ak R. • • I - _. -_ - __ ' 111 �® rank - 000 k.Rd • o m.Ra 1 i J • r x 4 _ . Map Area Extent 1 e11m11.•• — ••— ••— ••— ••v+H♦f1m11u11�11E11�1 , tip' - .<.7_- s - • IIem ostiamon nnen mai h 49 „,.„.„,, • '4 IV-A*."-V ' f D 3 4 ■ ort Snelling State Park. Z-;.:5.f.:777.F.-----"I'',' i.* -. • 1 ' \ ' • Irmo ,, uuu0 ( SubiectSite j . C r i --, ORAL R CUR ) $ .s . ' MI eeeeeeeeo� $ fl o e t ,;::-.:-,41,,-,-,,,,!.. illiiiiiiEffillEa ..... kRII!IIo1�� 11111 o gm MI�i ®610. s Country Flom Park W ARN 'm.� © i Hi Park -1 �� P ; , a a d' 17 - l ' .3 41 .19' ''' isligr Liiiii " iirii SUCINICarditin OHM MI?! A. ,1 ! 7k a �." 1 iI 26 OCA.I 1. NO.2C (LONG OAI(ROAE P / /�'��11 ® ��1■�e Le B RE . .4 F- P . nil 12 ill 1 1 1 1 Feet Project Name: Lost Spur 0 500 1,000 2,000 Request: Conditional Use Permit Legend Case No.: 04- CU- 17 -12 -11 ,•11. 16,IIi City Boundary Parcels //�\ Parks / \ __,__ Buildings N 4 City of Eapii 0 Current Zoning and Land Use Map *City of Etai Application: Lost Spur (2750 Sibley Memorial Hwy.) Type: Conditional Use Permit Case No.: 04- CU- 17 -12 -11 P / INTERSTATE HWY. NO. 494 Zoning ,� z° P - Park _ Su bject Si Fa _ h P iss Ct PD co INIMA k il : 11" 0 NB ®.. R1 1 I R mminmwann " 1 R 1 , R 1 araamamma.....no_ P / r 4 INTERSTATE HWY. 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Instead of doing this, we are proposing to replace our sign with a new one. This sign would co inside with our new building. We would like our new business sign to enhance public awareness of our new building and business. This new sign will allow us to to express what we have to offer to our existing, prospective, and new customers in addtitioin to those passing by on the highway. Our current sign is not noticeable readable. This new sign would solve this problem. We have been in this location since 1940 and have gone through many changes. We would like the public to know that we are still here, are open to the public, and invite them to come see our new event center. A new sign is a must for us to be able to accomplish this. Thanks Geri Lockrem Ippg t � i 1 { it" � I t 4 1� f + d r i �'' r1 : � i ! 1i t I II 1 '1 ,4,1 c . ' oul � !$ r ' 1 tjJ�.L. �I a gl i 5 i r .✓ ff f P" � � 4 J i t i � , F NARRATIVE IN � � 1 11x�YrW:: 1 4 .� � l' ' d . x A a il' l{ f{ 0;:i , . 4.444.11.14 R "I , , 1 1 1� n . t , / � . � `y i + 1i. ' ` r ii #'�it iI � `'- Iri•. ;. �Ai. �1 µ :�. ,c: . r .4_ i: i'' I- 7A 1FAlJt .�"t ifx • f d , I - • { ' `�,.➢Ft�+^h -gym ,, {� . } as �'.-'€ W � �' �'� s- +i`�•+.� -*� F s � ,.� - �'?' ��� : a t f§,iT.#�"T� 'eG! - -�- - -� � -{ _. - •� - Golf And Event Center . r _ � - :; �_ M � ,.�.> � _ , � d c T,--1-37 , d r a } Z Ja{1 -12 Conditional Use Permit - Pylon Sign with Dynamic Dispia; RECEIVED JAN 0 6 2012 Site Plan: 5 trees were cut by Nsp due to their proximity to the power line. These tress have already been replaced in better locations. Sign Plan: Text height on dynamic sign: The dynamic sign is capable of 2 rows of 15" high letters so there won't be a problem with the code All signs are double sided and now spelled out on the artwork. Address is added to sign and is shown on the artwork. Sign poles: The poles are square steel tubes to support the wind loads per the State of Minnesota engineering. Landscape: Area around sign will be sod to compliment the business of a golf course. Narrative: The new sign will be moved off of State Right of Way and out of the 10 easement setback. The dynamic sign will be operated according to the code limits of Eagan. Frequency of message will follow the laws set forth by the City of Eagan. Thanks Geri Lockrem General Manager 09 2750 6ibley Memorial Highway 13 • Eagan. Minnesota 55121 • 651.454.2330 • www.wpgolf.com /lostpur Wendell Pittenger Golf Operations Agenda Information Memo February 8, 2012, Eagan City Council Meeting D. PLANNED DEVELOPMENT AMENDMENT — PANERA BREAD This item is proposed to be continued to the February 21, 2012 City Council Agenda. ACTION TO BE CONSIDERED: To continue consideration of the application for a PD Amendment for Panera Bread to the February 21, 2012 City Council Agenda. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ Eagan Promenade PD was established in 1996. The Promenade PD established certain guidelines for architectural and finish treatments, private drives, shared access and parking, signage and awnings. The Eagan Promenade PD excluded drive - through service except for Dairy Queen and TCF Bank at the west end of the development. ➢ The Panera building was constructed in 1998 as a stand -alone single -user restaurant. The Final PD approved a Class II cafeteria/deli style restaurant with outdoor seating consisting of 6 tables of 4 seats each. The Final PD did not contemplate drive - through service. ➢ The PD Amendment encompasses both the proposed drive - through service and associated modifications to the site, building and signage, as well as existing modifications already made to the exterior building finish materials and awnings. For this reason, there are two action items for the Council's consideration. ➢ Access is from Promenade Place (private street) to the north which connects to Promenade Avenue (public street) to the east. Ingress /egress and parking is shared with the neighboring lot to the south. ➢ Building modifications already made that are inconsistent with the existing PD include new paint color on the front facade and multi -color awnings with graphics. ➢ Proposed drive - through modifications include widening the southern service drive to accommodate the drive - through approach, relocating the trash enclosure, installation of directional and menu board signs as well as new building signs, construction of an order canopy and pick -up window, sidewalk connections and new landscaping. ➢ Associated impacts of the proposed modifications include a net reduction of 3 parking stalls, increased impervious coverage reducing green space to 23 %, detaching the trash enclosure from the principal structure, reduced structure setbacks to Promenade Ave. (trash enclosure) and Promenade Place (pick -up window). ➢ The APC held a public hearing on January 24, 2012 and recommended denial. The reasons stated for the recommendation are listed in the APC minutes and summarized under Issues below. The notices for this item and the APC Agenda indicated that it would be considered at the February 8, 2012, City Council meeting. 0/Q ➢ The Applicant has requested that this item be continued to the February 21, 2012 City Council meeting agenda to allow them time to respond to and address concerns raised during the APC meeting. Staff has met with the applicant's representatives to review the APC's reasons for its recommendation and has no objection to the proposed continuance for that purpose. ISSUES: ➢ The APC recommended denial of this proposal for the following stated reasons: o Concern for possible bad precedent it might set o Non - conforming performance standards such as green space, setbacks and landscaping o Exit location of the drive - through lane o Lack of a bypass lane ➢ A letter of support has been submitted by the owner of the adjacent property to the south, Blackhawk Investment Group. ➢ A letter of objection has been submitted by Mid - America Real Estate on behalf of the property owner to the north. 60 -DAY AGENCY ACTION DEADLINE: Waived by Applicant ATTACHMENTS: (5) Location Map, page3t APC Minutes on pages through. Staff Report on pages, 1. through Correspondence from Mid - America, page q Panera's request to postpone to the Feb. 21, 2012, City Council meeting, page d Location Map $Eg ,4,, ' h� i ii u F„m ill iill : p i 1 , zit. _ ( 11,, , i ES MI ' \ // � FN v_ a�eI bg gm Moonshi Park : t ® \ ;0 4 , 1 ∎ 4)' Map Area Extent J•)V•*A 01.�A A ,¢4 Q iV _ , N Z 1 s E '?1''' t � . NORTNW PK W ' ' MARICE DR ` / i444 v -_ O O " _ Subject Siter 47.-a r i fir. _ y 33 - z 4i lir , .,,,,. _ v vp. i ..t. A s •, Z > 10 ., a� y w ,a , _, 1 i �1 q M/ •-` "• •• • S. • ` ••UULE ROAD ,,_ 0 TOWTI :FNTR °_ DR V• . , + " Am ,, . . _ .y.--- , .. ---- /a illEl l OWN ENTRE DRIV k. e ® i i1 d i e c a , i. „ - - . ® i 3 --� ■ ® I I 51 O'Leary La ke P At ' f l 5 :e ma -.. � l z k 1 - a ewE JAI w+,ar � ,, - 1 a 0 ,zv i N � �� m ®ttttt ®77777".°, : ..... 0 Iii ®D� ® ®�® f DUCK WOOD DRI 1-) w.'i ,'7 iYYO g i� - :i ��� -? .y ®DUCKWOOD� C ® ® ® :o����o�� 10����a. ® 1 1 1 I Feet Project Name: Panera Bread 0 500 1,000 2,000 Request: Planned Devleopment Amendment Legend Case Nos.: 10- PA- 02 -04 -11 ,MI„MI Ills r,i City Boundary Parcels A Parks Buildings N City of >;a 3Il 9 Advisory Planning Commission January 24, 2012 Page 9 of 15 E. Panera Bread Applicant Name: Panera Bread Location: 1260 Promenade Place; Lot 7, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow drive - through service and modifications to the building and signage. File Number: 10- PA- 02 -04 -11 Member Dugan stated he will abstain from voting on this and d the next item. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 18, 2012. She noted the background and history. There was discussion on the drive - through having only one lane. Member Vanderpoel stated concern that customers could not change their mind once in the drive - through queue. Julie Perrus, Attorney for Panera, submitted 400 signatures of support that were collected in 2011. She explained that this would be the second drive - through Panera in the state. She stated the proposal will create six to eight full -time jobs and will provide additional services to customers. Patrick Bennett, Project Engineer, explained that there is no bypass lane, however the pavement is wide enough to allow for manipulation out of the drive - through before a vehicle gets into the north -south portion of the queue. Chair Heaney opened the public hearing. Matt Rieger, Mid - America Real Estate — representing the owner of the in -line center at Eagan Promenade -- stated Eagan Promenade, Inc. is the declarant of the property. He stated concern for stacking issues on a single lane drive - through, proximity of the retaining wall to Promenade Place, lost turf and landscaping, the detached trash enclosure relocation closer to Promenade Ave. and sight -lines in general. He concluded that the site is too tight to accommodate the proposed improvements. There being no further public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Ms. Perrus stated Developers Deversified Realty (DDR) is listed as the declarant and DDR approved Panera's proposal. Member Vanderpoel asked for clarification of Ms. Perrus' statement. City Attorney Bauer stated the issue of declarant rights is a private matter that does not concern the City. 313 Advisory Planning Commission January 24, 2012 Page 10 of 15 Member Supina stated he has a number of concerns including the exit location of the drive - through, lack of bypass lane, potential bad precedent being set together with the non- conforming issues such as green space and landscaping. He stated he will vote against approval. Member Vanderpoel stated she shared Member Supina's concerns and that she will also vote against approval. Member Filipi moved, Member Supina seconded a motion to recommend approval of a Planned Development Amendment to allow drive - through service and :modifications to signage for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. 3. The applicant shalt provide evidence of an easement or other agreement that permits these off -site improvements in a form that is acceptable to the City Attorney. 4. Building signage shall be limited to two building elevations. 5. In accordance with the Sign Guidelines in the Promenade PD Agreement, the "drive -thru" wall sign shall be modified to either individual channel letters mounted on the building or on a raceway of channel letter construction. 6. , The drive- through clearance bar shall not contain signs or logos. 7. Menu board and directional signage shall be installed according to the submitted sign plans, and only the numbers and size specified shall be allowed. 8. The outdoor dining area in front of the building shall be surfaced with pervious pavement or paver blocks to offset decreased green space and provide additional on -site infiltration of storm water runoff. 9. The outdoor dining area shall be limited to a total of 24 seats. 10. Landscaping shall be installed per the approved Landscape Plan. All landscaping shall be maintained in a healthy condition including automatic irrigation, replacement of any dead plant materials, and necessary pruning. 11. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 12. The electrical transformer shall be fully screened from off -site views with landscaping or a screening enclosure. 13. A new pedestrian connection shall be made between the site and the existing trail along Promenade Avenue as shown on the Site Plan. 14. To maintain a clear zone for winter snow and ice removal operations by the City, the retaining wall proposed along Promenade Avenue shall be installed a minimum of 3 feet from the sidewalk. -3/q Advisory Planning Commission January 24, 2012 Page 11 of 15 Motion failed 0 -6. Member Dugan abstained from voting on this item. Member Filipi moved, Member Piper seconded a motion to recommend denial of a Planned Development Amendment to allow drive - through service and modifications to signage for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade. All voted in favor. Motion carried 6 -0. Member Dugan abstained from voting on this item. Member Piper moved, Member Jansma seconded a motion to recommend approval of a Planned Development Amendment to allow modifications to the building and awnings for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Final Site Plan b. Final Building Elevations c. Final LandscaPe Plan d. Final Signage,Plan 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. 3. . The outdoor dining area shall be limited to a total of 24 seats. 4. ,Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 5. Awnings may be of the Arlon material and multiple colors, and shall contain no graphics or signage. Motion failed 0 -6. Member Dugan abstained from voting on this item. Member Piper moved, Member Vanderpoel seconded a motion to recommend denial of a Planned Development Amendment to allow modifications to the building and awnings for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade. All voted in favor. Motion carried 6 -0. Member Dugan abstained from voting on this item. �l� PLANNING REPORT CITY OF EAGAN REPORT DATE: January 19, 2012 CASE: 10- PA- 02 -04 -11 (revised Jan. 26, 2012) APPLICANT: Panera Bread HEARING DATE: January 24, 2012 PROPERTY OWNER: Apache Commons LLP APPLICATION DATE: April 20, 2011 (Waiver signed) REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1260 Promenade Place COMPREHENSIVE PLAN: SA /RC, Special Area/Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow drive - through service and modifications to the building, signage and awnings, for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND /HISTORY The property was platted in 1996 as part of the Eagan Promenade development. The Promenade Planned Development established certain guidelines for architectural and finish treatments, private drives, shared access and parking, signage and awnings. A Final Planned Development was executed for this lot and the building was constructed in 1998. The Final PD approved the use of Planning Report — Panera Bread January 24, 2012 Page 2 the site as a Class II cafeteria/deli style restaurant; drive - through service was not considered as part of the request or Final PD approval. This application was initially submitted in mid -2011 and was postponed at the applicant's request to allow them time to resolve concerns of neighboring property owners. In December 2011, the applicant requested that the proposal be rescheduled for public hearing, and submitted a revised Site Plan. EXISTING CONDITIONS 1 The property is developed with a Panera ;1 '� ��.� Bread restaurant. The building is located „ o n t eastern portion of the lot with mm �.- .. ; p a r king t o the west. Access is provided via a private drive, Promenade Place, to ` ' ° the north of the lot. This private drive ,o con with a pu street, Promenade i , Avenue, to the east. The Promenade ; Nam development established reciprocal easements for access and parking throughout the development. This property shares two access drives, parking and service area, with the adjacent property to the south via those private easements. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Promenade Retail Center PD, Planned Development SA/RC, Special Area/ Retail Commercial East Promenade Oaks PD, Planned Development SA/RC and MD, Special Townhomes & Area/Retail Commercial and Promenade Shoppes Medium Density residential South Multi - tenant retail PD, Planned Development SA /RC, Special Area/ Retail Commercial West Restaurants PD, Planned Development SA /RC, Special Area/ Retail Commercial EVALUATION OF REQUEST Compatibility with Surrounding Area — While the restaurant is a commercial use that is consistent with the surrounding area, the drive - through service is a departure from the Promenade Planned Development. Only one other restaurant (Dairy Queen) in the Promenade development provides drive- through service, and that site is separated from the rest of the Planning Report — Panera Bread January 24, 2012 Page 3 development by Denmark Avenue. TCF Bank at the west end of the Promenade development also offers drive - through service. Both were approved with the initial PD approval. Adding a drive - through function at this location will certainly intensify and, potentially, exacerbate an already congested situation at the point of access to Panera and the multi- tenant building to the south. Drive - through functions at the Promenade were intentionally limited to TCF Bank and DQ; the subject site was not contemplated or designed to accommodate a drive - through. Staff has concerns with the impact that introducing the proposed use will have on this area of The Promenade. Airport Compatibility - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The subject site is located within the one -mile buffer of Noise Policy Zone 4. The adopted zoning standards consider commercial uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Site Plan — The Site Plan shows the drive - through entrance at the southeast corner of the building. This requires vehicles to approach the drive - through via the shared service drive south of the building. The curb on the south side of the Panera site will be shifted to the north to accommodate this vehicle approach and not obstruct the service access to the neighboring building. Additional widening of the service area on the neighboring site to the south to provide better truck access when drive - through traffic is present is also proposed. The applicant should provide evidence of an easement or other agreement that permits these off -site improvements in a form that is acceptable to the City Attorney. This site shares two driveways to Promenade Place with the building to the south. The existing two -way ingress- egress will be maintained for both driveways. The drive - through exit lane is proposed to have pavement markings indicating right -turn only, however, the design of the exit allows for a left turn movement for exiting vehicles, should a vehicle need to wait a little longer for delivery of their order. Given the proximity of the drive - through exit to Promenade Place, there is potential for drive - through traffic to back up as other traffic exiting the site stacks up and blocks the drive - through exit. The site plan accommodates stacking for three vehicles waiting to exit the drive - through after the pick -up window and before entering the main drive lane. Stacking is shown for five vehicles between order and pick -up, and another seven vehicles until the point where customers place their order. Three stacking spaces are available for exiting vehicles after leaving the pick -up window. For vehicles whose order may take a little longer, one parking stall in front of the building adjacent to the two accessible stalls will be signed for 15- minute pick -up parking. The applicant's narrative speaks to the lack of a bypass lane, and operational changes within the restaurant that will support movement through the drive - through. Trash Enclosure - City Code and the Promenade Planned Development require that trash enclosures be attached to the building in commercial retail areas. This proposal detaches the trash enclosure and relocates it to the southeast corner on the outside of the proposed drive - 3/ ? Planning Report — Panera Bread January 24, 2012 Page 4 through lane. This places the enclosure at a setback of 23.6'. The typical structure setback along Promenade Avenue is 40 feet. The trash enclosure on the adjacent lot to the south is set back 33.6' from Promenade Avenue and is also detached from the principal building. Patio Dining — The Site Plan shows a new concrete patio. The Final PD approved outdoor dining for 24 people (six tables of four seats). On a site visit last summer when the submittal was initially made, staff counted 19 outdoor tables. Continued use of outdoor seating for up to 24 people is acceptable under the prior approval and the applicant has indicated they intend to reduce the amount of outdoor seating to that amount. Other performance standards pertaining to outdoor dining with regard to placement and setbacks, maintaining walkways, setbacks to residential, parking and accessibility appear to be satisfied. Parking — The Final PD approved a total of 65 parking spaces, assuming 51 stalls for the restaurant including seasonal seating and the retail bakery. Three parking stalls are being removed to accommodate the drive - through, leaving a total of 62 stalls. Under the City's current parking ordinance, 43 parking stalls are required -- no additional stalls for the 24 seasonal seats, and based on the applicant's submittal actual retail bakery area is much less than was assumed in 1998. Existing cross easements allow for shared parking within the Promenade development. Building Elevations /Architecture — Panera has repainted the front EIFS panel green. Green was not part of the original Promenade color palette, and was not identified on the Elevations of the Final PD approval. For this reason, the color change is part of the requested PD Amendment. The 1996 Promenade Planned Development Agreement specified finish materials and colors to ensure some cohesiveness among the lots ; > and buildings in the development. Now that the area is fully developed, and aging, such changes 700 can update building appearance. Other facelifts 4 `h ` have recently occurred on neighboring properties. Examples include the building to the south which received a completely new facade with its conversion from an Ethan Allen a furniture store to multi - tenant retail, and modifications to the exterior of Buffalo Wild Wings when it moved into the former Don - T° Pablo's restaurant. 1 Awnings - The proposed awnings, which were previously installed, are made of Arlon vinyl, have multiple colors and contain a wheat graphic. The Promenade architectural guidelines require awnings to be of Sunbrella or Canvas material and of a solid color with no graphics or logos. The intent of the architectural guidelines was to ensure a consistent appearance of awnings throughout the Promenade Planned Development, and to prevent the use of awnings as additional signage. Planning Report — Panera Bread January 24, 2012 Page 5 The acceptability of the Arlon material and multi -color awnings with graphics is a policy matter to be determined by City officials. The specification for Sunbrella or Canvas material on awnings was set in 1996. Technology and available products evolve over time and the Arlon material appears to provide a similar appearance and durability. With regard to the multiple colors and graphics on the awnings, the graphics are considered signage. The recently remodeled Buffalo Wild Wings did receive approval for their signature yellow and black check along the bottom of their awnings, with no logos or graphics. To be consistent, the wheat graphic should be removed from the awnings. Signage — The Promenade PD provided for wall signage on the east and west facades of this building, not to exceed 15% of the facade area in size. In addition, the Promenade Sign Guidelines require all signage to be channel letters, and does not permit can or cabinet signs. The City Code does not contain specific provisions for menu boards. Directional signs are limited to 6 s.f in area and are exempt from sign permits. Building Signs - Proposed signage on the north elevation is deviation from stipulations of Promenade PD which permit wall signage on only the east and west elevations. The applicant's narrative speaks to this request indicating that "signage on the north elevation is critical ... for traffic approaching from the north," that distance from Yankee Doodle Road diminishes the effectiveness of the west elevation sign, and that the total area of the proposed three building signs (302.7 s.f.) is less than the combined area allowed on the east and west elevations (374.6 s.f.). Staff suggests a more appropriate approach to this issue is that building signage should continue to be allowed on only two sides, and the applicant can choose the two elevations that are most effective. The "drive -thru" sign should be channel letters and not a cabinet, per the Sign Guidelines in the Promenade PD Agreement. In other instances (e.g. Potbelly), individual letters have been mounted onto a raceway background that is of channel - letter construction, and the raceway is then mounted to the building. For smaller signs, such as the proposed "drive -thru" sign, this maintains the channel letter appearance and avoids having many small letters individually mounted to the building. Menu Board and Directional Sign - There are no specific standards in the City Code or the Promenade Planned Development pertaining to menu boards. Directional signage is limited to 6 s.f. and is exempt from permits. Panera is proposing a 4.75' x 7.3' (35 s.f.) menu board, and a 3' x 4.7' (12.8 s.f.) preview board. Both of these will be located on the east side of the building. A canopy is also proposed near the menu board to shield patrons when they are ordering at the speaker. A clearance bar will be installed at the entrance to the drive - through to identify maximum vehicle height that can safely pass through the drive - through. The clearance bar should not contain signage or logos. Planning Report — Panera Bread January 24, 2012 Page 6 Several directional signs are proposed at various locations throughout the site to help drivers navigate. These include drive - through entrance and exit signs, do not enter signs and a thank you sign at the drive- through exit. The directional sign located at the west end of the site adjacent to the site entrance from Promenade Place is proposed to include the Panera name and logo in addition the drive -thru identification and arrow. Bulk Standards — Setbacks — The proposed building setback to Promenade Place, a private street is 20.3'. City Code requires a minimum 25' setback from a through private street. Building Coverage — A small building addition is proposed on the north side for the drive through window area. Proposed building coverage is 5,339 s.f., or 11.3% of the lot area. Green Space — At present, the site provides 27.6% green space. This is less than the current City Code requirement of 30 %. A net decrease to 23% green space is proposed. This site was developed before the 30% minimum green space standard was adopted. The proposal results in a net loss of green space, however, the applicant is proposing to install some underground infiltration to partially offset that loss. The net decrease in green space can be accommodated through the PD zoning; the suitability of this reduction is a policy matter to be determined by City officials. With the remodeling of the former Ethan Allen site to the south, pervious paver systems were installed in patio dining areas to increase on -site infiltration and limit storm water runoff. Consideration should be given here to using pervious pavers for the new patio areas in front of the building which are proposed to be concrete. Landscaping/Tree Preservation — The Landscape Plan should be revised to show full screening of the electrical transformer. Five existing trees will be removed for the construction; six new trees will be installed. Some existing shrubs will be relocated and new shrubs installed around the new trash enclosure and along the drive - through lane on the north side of the building. Narrow upright varieties of arbor vitae are proposed along the north side to provide height and screening of the drive through in a constrained planting area. Building Address Numbers — Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. Mechanical Equipment — Any mechanical equipment that may be installed or relocated either on the building or on the ground will be subject to City Code requirements for placement and screening. An electrical transformer is proposed to be relocated to the northeast corner on the outside of the drive - through lane. The transformer should be fully screened from off -site views with landscaping or a screening enclosure. Wetlands /Water Quality — There are no wetlands on the property and the site is served by an existing storm drainage system. 1 Planning Report — Panera Bread January 24, 2012 Page 7 Grading/Topography — The site was graded with previous development, and the proposed new drive - through lane construction will require minor grading. A 3 to 4 -foot high retaining wall is proposed along the north side of the building to accommodate grades for the drive- through lane. Storm Drainage — The proposed development will utilize the existing storm drainage system on the site, which ultimately drains to Pond DP- 4.2 north of the development. Underground storm water infiltration features are also proposed to reduce the volume of runoff leaving the site. To also reduce the amount of runoff and increase green space, a reduction in the amount of parking area should be given future consideration, if land use conditions in the proposed development allow. Utilities — Existing sanitary sewer and water service lines of sufficient size, depth, and capacity currently serve the building. Streets /Access /Circulation — Public street access will remain at two locations onto Promenade Place Drive (privately maintained) similar to previous development. The proposed drive - through lane is 11 to 12 feet wide without an exit or bypass lane its entire length from the entrance at the southeast corner of building to the northwest corner of the building. Most drive - through aisle designs in the City have an opportunity for bypass or exit prior to the main exit, in the event a customer wishes to leave the drive- through prior to receiving their order. The applicant proposes a parking stall designated for drive - through customers with larger orders to wait for their order while not backing up other vehicles behind them. Under this scenario, the customer would have to make a left -turn from the drive- through exit lane to get to the designated parking space to await delivery of their order, which could further exacerbate congestion and conflicts at this point of access to Promenade Place. Pedestrian circulation in the area is provided by sidewalks and trails on Yankee Doodle Road and Promenade Avenue connected to the City's trail system. The development proposes a sidewalk and stepped connection to the sidewalk along the west side Promenade Avenue. The proposed drive- through lane will eliminate the possibility of future pedestrian improvements along the north side of the building. The retaining wall necessary to construct the new trash enclosure is shown on the site plan near the existing sidewalk along the west side of Promenade Avenue. To maintain a clear zone for winter snow and ice removal operations by the City, the retaining wall should be installed a minimum of 3 feet from the sidewalk. Financial Obligation — At this time, there are no pending assessments on the parcel. Easements /Rights of Way /Permits — Private easements provide for shared ingress /egress and parking throughout the Promenade development. Planning Report — Panera Bread January 24, 2012 Page 8 Parks and Recreation — Park and trail dedications were previously satisfied with the initial development. SUMMARY /CONCLUSION Panera Bread is seeking approval of a Planned Development Amendment to add drive - through service to their location at 1260 Promenade Place. The proposal is a departure from the original Promenade Planned Development by adding drive- through service to one of the free - standing buildings, detaching the trash enclosure and reducing its setback from Promenade Avenue, adding building signage to a third elevation, and modifying the building appearance by introducing a new color to the building and having awnings of multiple colors with graphics. A number of the deviations proposed may establish a precedent that City Officials should consider. Specifically, the addition of the drive - through lane on a site where this use was not contemplated when designed or developed and loss of green space on a site that doesn't meet current green space standards and the anticipated impact to traffic circulation in the area particularly at peak times. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow drive - through service and modifications to signage for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. 3. The applicant shall provide evidence of an easement or other agreement that permits these off -site improvements in a form that is acceptable to the City Attorney. 4. Building signage shall be limited to two building elevations. 33? Planning Report — Panera Bread January 24, 2012 Page 9 5. In accordance with the Sign Guidelines in the Promenade PD Agreement, the "drive - thru" wall sign shall be modified to either individual channel letters mounted on the building or on a raceway of channel - letter construction. 6. The drive - through clearance bar shall not contain signs or logos. 7. Menu board and directional signage shall be installed according to the submitted sign plans, and only the numbers and size specified shall be allowed. 8. The outdoor dining area in front of the building shall be surfaced with pervious pavement or paver blocks to offset decreased green space and provide additional on -site infiltration of storm water runoff. 9. The outdoor dining area shall be limited to a total of 24 seats. 10. Landscaping shall be installed per the approved Landscape Plan. All landscaping shall be maintained in a healthy condition including automatic irrigation, replacement of any dead plant materials, and necessary pruning. 11. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 12. The electrical transformer shall be fully screened from off -site views with landscaping or a screening enclosure. 13. A new pedestrian connection shall be made between the site and the existing trail along Promenade Avenue as shown on the Site Plan. 14. To maintain a clear zone for winter snow and ice removal operations by the City, the retaining wall proposed along Promenade Avenue shall be installed a minimum of 3 feet from the sidewalk. To recommend approval of a Planned Development Amendment to allow modifications to the exterior building finish materials and awnings for property located at 1260 Promenade Place, legally described as Lot 7, Block 2, Eagan Promenade. 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan 3; 4_ Planning Report — Panera Bread January 24, 2012 Page 10 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. 3. The outdoor dining area shall be limited to a total of 24 seats. 4. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 5. Awnings may be of the Arlon material and multiple colors, and shall contain no graphics or signage. Location Map �, lir v . .4_,. ' 1 * C "41 ,, .... _, ... ii ' Q., 0 i / ■EN III'. RRY �� /= Moonshine Park J � - ';•; e.f Map Area Extent • 1 r s ;r s ,,„ ..-- i • 4) i . IR ;- \ NORlHW00 PKWY o-l'�'"�+r.. 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Q I I I 1 = °u- 1_Iill IIII' I 1111 1111 -1111— IIII -1' __ III! — IIH= 111!_111 ■ — IIII ,;;, I!I! I 1 E 0 I 1 2 00 t7r m �� O , U co 1111 IIII IIII IIII II., a - — ( _ -_,_- ■ Illill Ih III; 111 • m .rr lia - � � = r_—_ • i � = Law _ = • e e , _IIII —Illi :I!_ I II! !II! !I, i I III — 1. ' 1 —!Ill -- 111 1 111 I 5t illi flit 1111 l .0E 1 1 I 1 i l_ engineering CORE STATES architecture project management construction management 211111/�1111 permitting 0 development services GROUP January 19, 2012 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1810 Attn: Ms. Pamela Dudziak Planner Re: Panera Bread — 1260 Promenade Place / PD Amendment Dear Ms. Dudziak: As discussed with you previously, our client is prepared to resume the entitlement process for the above referenced projects. Therefore, we offer the following updated narrative and responses to previously discussed comments, as well as to address our most recent plans submitted for your review. SITE PLAN CHANGES 1. Delivery trucks — please refer to the "Operations" section of this narrative. 2. Shared driveway — cross access easements, parking rights and modification of the existing driveway and its' effects on other users use are addressed during the negotiation period with the landlord. 3. Existing site limitations preclude the ability to have a bypass lane for this project. While it is not anticipated to be a problem, we understand potential does exist that cars (patrons) might have to wait longer than normal for particular order. As a result, one parking space in the front row has been • modified to be painted with "Via Panera Parking Only" and a new pole mounted sign will be placed in front of this space. Staff will then have the ability to direct traffic and utilize this space as needed. 4. The trash enclosure for the adjacent building has been added to our plans, along with dimensions. 5. As discussed during our meeting, a sidewalk along the north side of the property is not able to be accomplished due to limited space. Therefore, we have proposed a new sidewalk along the southern side of the building. 6. Parking calculations have been added, including information regarding indoor and outdoor seat counts. 7. We have accounted for 24 outdoor patio seats. 8. The shared driveway to the south has been widened to 28'+ to allow addition maneuvering room for traffic. 9. Additional pavement / space has been provided at the northeast corner of the adjacent building to accommodate loading / unloading activities. GREEN SPACE / IMPERVIOUS COVERAGE 1. The existing site contains 27.6% of green space and 72.4% impervious surfaces (building, sidewalks, driveways). 2. With proposed alterations to the site, the revised site would contain 23% green space and 77% impervious surfaces. a. To compensate for this change, we have added a short run of underground perforated pipe which will collect drainage from the drive thru lane and filter it into the soil. We will continue to work with City staff finalize this design so that it meets their approval. LANDSCAPING 1. The screening along the northern edge of the drive thru lane and relocated transformer has been enhanced. RECEIVED JAN 19 2P12 www.coro-ong.com 50 crestwood executive center . suite 500. st. Louis , mo 63126. v: 314.843.4320. f: 314.843.4323 georgia . virginia . new jersey . massachusetts . new Brunswick, canada . rnissouri . Florida . north carolina . arkansas . califomia . pennsylvania z D iciure CORE STATES architecture project management construction management MIP211111111110111 permitting A ��® development services GROUP 2. Calculations (tree counts) have been added to the landscaping plan. SIGNAGE 1. We understand the awning plans as shown do not comply with Promenade guidelines. We would propose to work with staff to arrive at a final design which complies with guidelines but also maintains Panera's standards and brand identification. 2. Sign permit — we understand sign permits are required prior to the replacement of any building signs. Permits will be applied for and obtained as required in conjunction with permitting the overall project. 3. Building permit -- we understand building permits are required prior to the construction of any new awnings. Permits will be applied for and obtained as required in conjunction with permitting the overall project. 4. We would propose an amendment to allow the additional signage on the northern building elevation. a. This elevation is critical to identification of the building for traffic approaching from the north, thereby allowing enough time to react and turn into the shopping center. b. Due to the building's remote proximity to Yankee Doodle Road, the sign on the western elevation has a lessened impact on passing traffic, other than those vehicles already within the shopping center limits. c. The allowed square footage(s) on the west and east elevations are underutilized, and therefore we are not proposing additional total square footage that isn't already allowed. i. West — allowed = 187.3 sf; currently proposed = 94.9 s.f. ii. East — allowed = 187.3 sf; currently proposed = 83.8 s.f. iii. North — currently proposed = 124 s.f. iv. Total — allowed (W & E) = 374.6 s.f.; currently proposed = 302.7 s.f. (80% of allowed) 5. We understand the dark green EIFS color reflected on the tower does not comply with Promenade guidelines. We would propose to work with staff to arrive at a final design which complies with guidelines but also maintains Panera's standards and brand identification. 6. The east building elevation has been modified to include the trash enclosure. 7. Details of the menu board have been included with this package (see attached). OPERATIONS 1. The intent of the drive thru addition is to meet the needs of existing patrons who wish to have the convenience that drive thru facilities offer. a. The typical Panera Bread cafe without a drive -thru averages approximately 40% carry-out orders. A typical Panera Bread with a drive -thru averages about 20% carry-out orders, 40% thru the drive -thru, and 40% from for dine -in customers. b. The number of daily transactions at this cafe averages about 700 per day. c. Currently at this facility, patrons who "carry out" their food represent approximately 38% of transactions. d. Lunch `hour' (11:00 A — 2:00 P), is the peak time for sales at Panera cafes. At this particular location, lunch represents approximately 41.2% of total sales. e. Regular business hours are between 6:30 AM and 9:30 PM. 2. The drive thru would operate at the same hours as the existing cafe. 3. Additional staff are trained and hired to supplement the drive thru. The staff that operates the drive thru is not the same staff that operates the main dining area, i.e. the people taking orders at the front counter are not the same as those taking drive thru orders. 4. The drive thru offers a full (not limited) menu. 5. Based upon already completed drive thru additions, average service times for drive thru patrons is 3.5 to 4 minutes from the time of order (menu board) to food delivery (pick up window). Vwvw,core- eng.com 50 crestwood executive center . suite 500. st. Louis , mo 63126. v: 314.843.4320. f: 314.843.4323 georgic . virginia . new jersey . massachusetts new Brunswick, canada . missouri . Florida . north caroling arkansas . california pennsylvania 02/ engineering CORE STATES architecture project management construction management VIM 211111111111111 rn- -permitting idevelopment services GROUP 6. Deliveries — many Panera drive thru additions which have been completed in the past have utilized existing delivery areas / drives. As a result, the cafe and operations teams must work together to schedule deliveries and trash pickups to happen during non -peak hours or hours when the cafe is closed. a. Panera will coordinate accordingly to revise times as needed to accommodate the changes associated with the drive thru. Please review these responses in conjunction with our revised plans (Revision #3, 12/19/11) and let us know if you have any additional questions or concerns. Respectfully submitted, Patrick T. Bennett, P.E. Core States, Inc. Project Manager ew eng.com 50 crestwood executive center . suite 500. st. Louis , mo 63126. v: 314.843.4320. f: 314.843.4323 georgia . virginia . new jersey . rnassachusetts . new brunswick, canada . missouri . florida . north carolina . arkansas . california . pennsylvania 415 Blackhawk Investment Group January 18, 2011 Via: Email Pamela Dudziak City of Eagan Planning and Community Development Departments 3830 Pilot Knob Road Eagan, MN 55122 Subject: Application for a Planned Development Amendment to Allow Drive - Through Service at 1260 Promenade Place, Lot 7, Block 2, Eagan Promenade Dear Ms. Dudziak, I am writing today on behalf of Promenade Place LLC, the company that owns 1270 Promenade Place - the property directly to the south of Panera Bread ( "Panera "), located at 1260 Promenade Place. I wanted to write supporting Panera's Drive - Through application and submit in writing a point that is very critical to our tenants' success. Panera's initial submittal included the conversion of the current ingress and egress point nearest Panera to an exit -only. As a result, we submitted a letter opposing this project because it would limit the access to our property. Panera listened very graciously to our concerns regarding a number of issues, including the access to our property, and has since revised their application to feature full ingress and egress along with addressing our other concerns. Our tenants - Verizon Wireless, Sports Clips, Pearle Vision, Smashburger, Solo's Pizza, and Panda Express rely on having this point of access to allow their customers to get in and out of our property directly and quickly. Nearly every customer enters through this entrance and changing it into an exit -only would negatively impact the sales of the businesses in our property. We would oppose any plan that includes converting the point of access nearest Panera into an exit only. Sincerely, Promenade Place LLC President RECEIVED JAN 1 24;2 )- ?� Pam Dudziak From: Matthew Rieger [MRieger @midamericagrp.com] Sent: Friday, January 27, 2012 9:48 AM To: Pam Dudziak Subject: FW: Panaera Submittal for Drive Thru /Eagan Promenade Attachments: 11.Limited Warranty Deed.pdf; ATT00001.txt Pam, Mid - America Real Estate Minnesota is the managing agent for the new ownership entity(Eagan Promenade, Inc.)who purchased Eagan Promenade this past May. I am responding on behalf of Eagan Promenade, Inc. regarding the Panera Bread(tenant of lot 7,block 2 Eagan Promenade) request to install a new drive thru service for their facility. Pursuant to the Declaration of Declaration of Reciprocal Easements, Covenants, Conditions and Restrictions dated April 12 1996 and recorded April 18 1996 as document no. 1342338(as amended, the "Declaration'), which governs the shared use. Pam, as we discussed I have enclosed the limited warranty deed for your review confirming that the new ownership entity is in -deed Eagan Promenade , Inc.. The Declarant has to be the owner of Eagan Promenade which Eagan Promenade, Inc. is. That is foremost in all of the documents. As pointed out at the planning commission meeting by Ms. Julie Perrus with Larkin Hoffman the Declarant is still listed as the as DDR and this is being remedied as we speak to make sure that the current owner is also listed as the Declarant. We did meet with the applicant on site to review plans and discuss what Panera wanted to accomplish. We informed Panera after review of the plans that Eagan Promenade, Inc. Owner /Declarant could not support their application for the following reasons: 1. Single lane Drive Thru would not work at this location because of the site size. Being in Minnesota snow and ice conditions at different times would only compound this situation. With -out any ability to turn around or by -pass the Drive Thru individuals entering the drive thru by mistake or choosing not to order would have no choice but to stay in the line around the entire length of the building 2. Access from the Drive Thru around the building would add an additional traffic lane to an already congested entry point. 3. Customers that have to wait for an order to pull around the front of the building would only compound the traffic problems. 4. Relocation of the current attached trash enclosure to a detached facility would be a major variance to the over- all design of the entire development. 5. Modifications to current in place set back requirements would potentially set a precedent for future requests. 6. The proposed new retaining wall along Promenade Place will be very close to the curb line along the street and will limit visibility at the intersection. Elevation changes would need to be made as well that would make the retaining wall look out of place in its proximity to the street. 7. Loss of common area green space would be considerable in the proposed plan and would be difficult to replace no matter what the new landscape plans provided by the applicant look like. The original design of this site never contemplated a Drive Thru at a later date and as such the site is just too small to do so now. I appreciate your time on this matter. If you have any questions regarding any of the above please let me know. Matthew J. Rieger 1 Sr. Vice President - Principal MID-AMERICA NrAt, t STATF 9I Frtitl`C i. 1i. 5353 Wayzata Boulevard Suite 650 Minneapolis MN 55416 DIRECT: 952 - 563 -6675 l FAX. 952 -563 -6633 l MOBILE: 612 -759 -9400 Our. Newsletter Jon Hohenstein Subject: RE: Eagan Panera From Perrus, Julie L. [ mailto :joerrus(alarkinhoffman.coml Sent: Tuesday, January 31, 2012 1:27 PM To: Mike Ridley Cc: Tom Hedges; Jon Hohenstein; Pam Dudziak; Long, Robert C. Subject: RE: Eagan Panera Mike and Pam — Panera would like to continue its hearing on the Planned Development Amendment. We are shooting for a submittal of our updated plans on February 10th. I really appreciate it, and please let me know if you have any questions. I think we will be able to make some positive changes in response to the concerns raised by staff and the Planning Commission. Thanks again for a good conversation yesterday. Best, Julie Perrus .356 Agenda Information Memo February 8, 2012, Eagan City Council Meeting E. COMPREHENSIVE GUIDE PLAN AMENDMENT - CSM EAGAN, LLC ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Special Area — Major Office, to Special Area — Retail Commercial upon approximately 6.2 acres located in the northwest portion of a 47.4 acre site located at 3333 Pilot Knob Road, legally described as Lot 1, Block 1, Unisys Park 2 Addition and part of Lot 2, Block 1, Unisys Park 2m Addition lying southerly and easterly of Central Parkway (OR direct preparation of findings of fact for denial). To waive the adjacent community 60 -day review and comment period for the Comprehensive Plan Amendment. REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: ➢ CSM is requesting a change in land use designation from SA -Major Office to SA- Retail Commercial upon approximately 6.2 acres of a 47.4 acre site located at the northwest corner of Yankee Doodle and Pilot Knob Roads. ➢ This application follows an earlier proposal to amend the land use designation upon the other 41.2 acres of this 47.4 acre site. ➢ On October 4, 2011, the City Council directed staff to submit to the Metropolitan Council CSM's earlier proposal to change the land use designation of 41.2 acres of the 47.4 -acre site to Retail Commercial. ➢ The Metropolitan Council has completed review of the proposed change to 41.2 acres and found it acceptable for the City to implement the land use amendment. The City Council has not yet taken action to implement the change in land use designation; that would be considered at such time as the City Council may approve a specific development plan. ➢ At the time of the Comprehensive Guide Plan direction on October 4 the Council also asked whether the location could support retail on the remaining 6.2 acres of the site. The applicant responded that his firm would be interested in considering the alternative. In order to determine whether the level of retail being proposed could be absorbed without cannibalizing other retail development in the area, the Council directed the preparation of a Retail Market Study. It was noted that the study could also provide insight into whether the market could absorb a retail redevelopment of the entire site. ➢ In anticipation of a specific development proposal, preparation of an Environmental Assessment Worksheet, a Traffic Study, and the Retail Market Study have all been initiated or completed. The drafts of these studies all contemplate redevelopment of the entire 47.4 acre site. ➢ Results from the Retail Market Study indicate that the entire 47.4 acre site "can capture 630,000 to 940,000 s.f. of retail commercial development of between now and 2020." The developer had been proposing development of 480,000 s.f. of retail under the original application for the 41.2 acres and would propose 520,000 s.f. of retail on the 47.4 acres. In addition, the draft EAW and Traffic Study to date indicate that the impacts from additional retail commercial development of the scale proposed and improvements necessary to accommodate it at this location are minimal. ➢ The proposed change from office to retail commercial upon the northwesterly 6.2 acres of the larger site does not change the findings of these studies. ➢ Metropolitan Council policies allow a local community to waive the adjacent community 60 - day review and comment period for Comprehensive Plan Amendments if the amendment involves a site of 40 acres or less, does not change the community's growth forecasts for 2010 -2030 or TAZ allocations; and the site is outside of the defined distance requirement to notice adjacent property owners of a comprehensive plan change. ➢ The subject site under consideration meets the above criteria for a waiver of the adjacent community notification — it is 6.2 acres in size, does not change growth forecasts or TAZ allocations, is not within 350 feet of an adjacent jurisdiction (the required distance for a mailed notice of public hearing). ➢ The APC held a public hearing on January 26, 2012, and recommended denial. ISSUES: ➢ The APC motion to recommend approval failed on a 3 -3 vote. The stated reason for opposition is that the proposal moves further from the stated goals of the Central Commons Special Area. 60 -DAY AGENCY ACTION DEADLINE: Not applicable to land use amendments. ATTACHMENTS: (4) Location Map, page Draft January 26, 2012, APC minutes, pages through 7 Planning Report, pages?j5 through 5t 01 City Council minutes of October 4, 2011, pages thfough-. Location Map i t MEN9111 jainili MME . P Knob Park :x 11 ---------- 14M114.11 'MIMEO Pi - -- Al1111111111111111111111111 INN& . - -,.:, 1 /ROD El3a3c8)4•11e.,8) • ill • / - / 7 --- --. L ---- --: - - m "6■11. E f 3 ea 1111.11111t. ...,C .. _ v.... oo Rij N. EE1 S EH EB Qui,, :- / \ i KS RD 1111111111101 111 i a r . ____ , . Diffley Rol' .- ma to. ,, E,11 — - ' ' -- `: - ' IMI SI‘ v 0 • : WAIN, ,1-.. 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Central Park Commons 2 Applicant Name: CSM Eagan, LLC Location: 3333 Pilot Knob Road; Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment to change the land use designation of 6.2 acres from SA -MO, Special Area -Major Office to SA -RC, Special Area - Retail File Number: 09- CG- 04 -12 -11 Member Dugan will abstain from voting on this item. Planner Dudziak introduced this item and highlighted the information, presented in the City Staff report dated January 18, 2012. She noted the background and history. There was discussion on the market study completed and shared with the City Council and the applicant. Applicant Tom Palmquist, CSM Eagan, LLC, stated he was available for questions. 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 Piper asked if impacts on office space in Eagan were analyzed. City Planner Ridley stated the City Council was interested in whether or not the City could absorb additional retail in this area and the effect con verting this site to retail would have to existing retail in this immediate area as well as City-wide; therefore, the impact on office space was not analyzed. Ridley further stated office and industrial land are the most abundant of available land in Eagan, therefore removing office space from this area was not anticipated to negatively impact office space in other parts of the City. Mr. Palmquist stated they looked at existing inventory of office space in the area and the market driven solution for redevelopment of the property would be to convert the use from office to retail. He stated alternative uses for the property were also reviewed. Member Supina asked if the proposed amendment furthered the City's goals based on the Central Commons Special Area. City Planner Ridley explained the general goals for the Special Area. Chair Heaney asked about the possibility of any housing on the site. City Planner Ridley explained that housing was not being contemplated for the site nor had it ever been considered in the history of the parcel. Member Filipi moved, Member Jansma seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area - Major Office to Special Area - Retail Commercial upon the northwesterly approximately Advisory Planning Commission January 24, 2012 Page 13 of 15 6.2 acres of a 47.4 acre site bounded by Yankee Doodle Road to the south, Pilot Knob Road to the east, and Central Parkway to the north and west, legally described as Lot 1, Block 1, Unisys Park 2nd Addition and part of Lot 2, Block 1, Unisys Park 2nd Addition Tying southerly and easterly of Central Parkway. Member Piper stated disappointment that there was not a formal study on impacts on office space. Member Supina stated he will vote against approval because he believes converting this 6.2 acres from office to retail moves further from the stated goals of the Central Commons Special Area. Member Heaney shared Member Supina's concerns and stated he will also vote against approval. Aye: Members Jansma, Piper and Filipi. Nay: Chair Heaney and Members Supina and Vanderpoel. Motion failed. Member Dugan abstained from voting on this item. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 18, 2012 CASE: 09- CG- 04 -12 -11 APPLICANT: CSM Eagan, LLC HEARING DATE: January 24, 2012 PROPERTY OWNER: CSM Eagan, LLC APPLICATION DATE: Dec. 21, 2011 REQUEST: Comprehensive Guide PREPARED BY: Pamela Dudziak Plan Amendment LOCATION: 3333 Pilot Knob Road COMPREHENSIVE PLAN: SA -MO, Special Area - Major Office ZONING: RD, Research and Development SUMMARY OF REQUEST CSM Eagan is requesting a Comprehensive Guide Plan Amendment to change the land use designation from Special Area — Major Office, to Special Area — Retail Commercial upon approximately 6.2 acres located in the northwest portion of a 47.4 acre site bounded by Yankee Doodle Road to the south, Pilot Knob Road to the east and Central Parkway to the north and west, legally described as Lot 1, Block 1, Unisys Park 2 Addition and part of Lot 2, Block 1, Unisys Park 2 Addition lying southerly and easterly of Central Parkway. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report — CSM, Central Park Commons January 24, 2012 Page 2 BACKGROUND /HISTORY The balance of the subject site was before the City in 2011 with a proposal to change the land use designation of 41.2 acres from Major Office to Retail Commercial. With that proposal, the northwest 6.2 acres of the 47.4 acre site were proposed to retain the Major Office land use designation. A public hearing was held by the Advisory Planning Commission, and the City Council directed that proposal be sent to the Metropolitan Council for review. The Metropolitan Council has completed their review of the proposed change to 41.2 acres and given approval for the City to implement the land use amendment. The City Council has not yet taken action to implement the change in land use designation; that would be done at such time as the City Council may approve a specific development plan. In anticipation of a specific development proposal, preparation of an Environmental Assessment Worksheet, a Traffic Study, and a Retail Market Study have all been initiated or completed. Results from the Retail Market Study indicate that the entire 47.4 acre site "can capture 630,000 to 940,000 s.f. of retail commercial development of between now and 2020." In addition, the draft EAW and Traffic Study to date indicate that the impacts from additional retail commercial development and improvements necessary to accommodate it at this location are minimal. Comprehensive Land Use Guide Plan — The property is located in the Central Commons Special Area and within the Special Area, is designated for Major Office use. This area surrounding the convergence of I -35E, Pilot Knob Road and Yankee Doodle Road was first established as the Central Area in a Small Area Land Use Plan in the mid- 1990s. In subsequent updates to the City's Comprehensive Guide Plan, land use designations were modified and the land use designation of the subject site changed from R &D, Research and Development, to O /S, Office /Service. In 2010, this Special Area was updated as Central Commons and the property was given a land use designation of MO, Major Office. Zoning — The Property is currently zoned RD, Research and Development. The RD zoning was established in 1966. Prior to that the property was zoned Agriculture. EXISTING CONDITIONS The 6.2 acre site is located in the northwest portion of a 47.4 acre site containing a multi -story office and laboratory facility of approximately 620,000 s.f. The 6.2 acres is developed with a surface parking lot serving that existing building. Access is provided from Central Parkway. Existing vegetation includes landscaped areas of turf grass, native plantings, and landscape trees in green spaces and parking islands. Subdividing and replatting of the property will be required as part of the proposed redevelopment of the site. Planning Report — CSM, Central Park Commons 2 January 24, 2012 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Central Park Park SA -Park, Open Space and Recreation East Commercial — office LB, Limited Business and SA -O /S, Office /Service and restaurant PD, Planned Development South Multi -story office — RD, Research & Development SA -RC, Retail Commercial proposed Retail Commercial West Argosy (Vocational RD, Research & Development SA -MO, Major Office Technical School) EVALUATION OF REQUEST Proposal - The applicant has submitted this proposal to amend the land use designation of the northwest 6.2 acres of a 47.4 acre site to be Retail Commercial. This proposal follows an earlier proposal to change the land use designation on the other 41.2 acres to Retail Commercial. It is the applicant's intent to redevelop the entire 47.4 acre site in a cohesive manner. As such, some of the evaluation contained here is a summary and reiteration of what was already considered with the prior proposal and a more detailed analysis can be found in that report. The prior proposal anticipated redevelopment of the northwestern 6.2 acres of the larger 47.4 acre site with up to 75,000 s.f. of multi -story office. With the current application, a conceptual development plan was provided for the 6.2 acre site which identifies the construction of an additional approximately 63,000 sq. ft. of commercial retail space in multiple buildings and shows how that might fit with the proposed retail commercial redevelopment on the rest of the 47.4 acre site. The action to be considered in this application is whether to allow the change in land use designation from Major Office (MO) to Retail Commercial (RC) for 6.2 acres to be consistent with the pending amendment for the larger area. If the amendment application is considered favorably, specific development plans will be reviewed at the time of a future development application for rezoning and subdivision. Therefore, the submitted conceptual development plan may illustrate a potential development, but it is not a part of the action before the City at this time. The existing Major Office land use designation is intended to provide a mix of corporate office buildings, research and development facilities, educational /vocational institutions, and hotels. The proposed Retail Commercial land use designation is intended to provide areas for a variety of retail related uses such as shopping centers, supermarkets, drugstores, convenience center /gas stations, restaurants, hotels and other businesses offering goods and services. �5� Planning Report — CSM, Central Park Commons January 24, 2012 Page 4 According to the applicant's narrative, the redevelopment plan for this site would be "consistent with the Goals and Objectives of the Central Commons Area Plan and the submittal narrative provided for the previous proposal on the 41.2 acres. To reiterate the principles in that prior narrative, the applicant intends to provide a "pedestrian friendly, mixed use project" that is "noticeably different than existing retail hubs in the area" with "high- quality integrated building design." The referenced narrative also describes the use of plazas and common areas, sculptures, and entry monuments to further define a sense of place, and the use of ponding as site amenities, as well as detailed descriptions with regard to site layout, building design, vehicular and pedestrian circulation, and parking. Environmental Impacts - Redevelopment of the site will be subject to City's post - construction standards (City Code §4.33) for storm water management and water quality control. There are no existing wetlands, and vegetation consists largely of turf grass and landscape trees with some naturalized areas. An existing deferment agreement requires payment of City storm water trunk fees with redevelopment of the site. The proposal for Retail Commercial land use is consistent with Airport Noise Policy Zone 4. A draft EAW evaluation which has already been done includes the alternative scenarios for this 6.2 acres Infrastructure Impacts — The primary access for redevelopment of the subject site will be to Central Parkway. Central Parkway is part of the Ring Road which connects land uses, and provides access and alternative circulation to the congested Pilot Knob Road/Yankee Doodle Road intersection. The final segment of the Ring Road (the Duckwood Dr. overpass) was completed and opened late in 2011. Any redevelopment of the site will be required to install an 8 -feet wide blacktop trail along the east and south sides of Central Parkway. A comprehensive traffic study for the area was prepared based on the earlier proposal to redevelop the 47.4 acres site with 41.2 acres of retail commercial uses. Although the full traffic study is not complete, some improvements to the transportation system will be needed to accommodate the development. The developer may be asked to make a contribution for such improvements. The level of contribution will be addressed as the details of the development are presented. Existing water main and lateral and trunk sanitary sewer lines are of sufficient size and capacity to accommodate the proposed change in land use for redevelopment of the property. Comprehensive Land Use Impacts - Commercial /industrial land uses comprise approximately 31% of the City's non - residential land. Such uses include both the Major Office and Retail Commercial designations. The subject site is located within the Central Commons Special Area and the City's Comprehensive Guide Plan includes specific goals and policies for the Special Area as an active, mixed use and walkable destination. This proposal should be evaluated on how well it achieves this vision and conforms to these policies, as well as its context both within Eagan and the Central Area. Planning Report — CSM, Central Park Commons 2 January 24, 2012 Page 5 Comprehensive Guide Plan Goals and Policies —The City Council's prior direction to consider a Retail Commercial land use designation on 41.2 acres of the 47.4 acre site is supported by the Comprehensive Guide Plan's policies which state that the City will "strive to retain, expand and diversify retail and service opportunities for Eagan residents, employees and businesses" both to support a diverse tax base and to maintain a high quality of life. This proposal contemplates an additional 6.2 acres of retail commercial redevelopment on the 47.4 acre site. Economic Development Impacts - The Retail Market Study found that a retail development of this size can be absorbed without negative impacts to other retail in the Central Area and if the developer delivers unique, destination uses the entire retail node will benefit from retaining and drawing retail customers that currently shop outside of the City to meet certain needs. Parks and Recreation - Redevelopment of the site may be subject to current park dedication requirements at the time of subdivision and rezoning. Any internal trail system of the redevelopment of the entire 47.4 acre site should include segments with a hierarchy of purpose and function to accommodate users with both a transportation and recreational purpose. Redevelopment may reduce overflow parking opportunities for the Fourth of July celebration held at Central Park and alternative overflow parking will need to be explored. Plaza areas shown in the submitted Concept Plan should consider impacts and opportunities associated with general public use. Redevelopment of the site provides opportunities to achieve a high quality appearance for a highly visible site by enhancing existing landscapes and incorporating creative design and use of appropriate species. SUMMARY OF FINDINGS CSM is requesting a change in land use designation from SA -Major Office to SA- Retail Commercial upon approximately 6.2 acres of a 47.4 acre site located at the northwest corner of Yankee Doodle and Pilot Knob Roads. This application follows an earlier proposal to amend the land use designation upon the other 41.2 acres of this 47.4 acre site. The draft EAW, Traffic Study and Retail Market Study have been done and all contemplate redevelopment of the entire 47.4 acre site. The proposed change from office to retail commercial upon the northwesterly 6.2 acres of the larger site does not change the findings of these studies. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area - Major Office to Special Area - Retail Commercial upon the northwesterly approximately 6.2 acres of a 47.4 acre site bounded by Yankee Doodle Road to the south, Pilot Knob Road to the east, and Central Parkway to the north and west, legally described as Lot 1, Block 1, Unisys Park 2 Addition and part of Lot 2, Block 1, Unisys Park 2 Addition lying southerly and easterly of Central Parkway. 3 Location Map - '' �"�� o - -,„ - Pilot Knob Park =. " e 11� M , ®I IIIIII■IIIIII Aar ROAD It' NI / \ . ®® . t it ®� ■ •11.• ..-- Lone . ay Rd k ® F6'_® ® `■■■�. ' ...../ / / / Vankee D ® IIII ® ® ® ®® ® CU RRV_ - 1I AK RD U % . �, �,- DRI • VRd e _ e P Area Extent = / Ma tent '- I� ® �: ® I0 7 Central Park Park s ,1 • E. . _..." ,, 4#0 hod ills ® IA " - • s 11 111 � .. 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Cot Denotes gm meter S. S Denotes m.o., mom EXISTING CONDITIONS : .400.0004AK . 0 .,, 0 ,„, ....,., 0 CSM r" -------- M ALLIANT TrIrt.;.%1.1.:.= ....,. . CENTRAL PARK COMMONS =a PARK AVE Wt.,. SUM an NmNuN • °MOM reu. num romonz, NILN,E.VOLle.3.LT STItS 00100 LOCKHEED MARTIN EXISTING CONDITIONS SURVEY IRSOMSS • tYanomml ITIONE WI:l 7.1.110 ....A•m..... MS ,c121 7.2. SITE REDEVELOPMENT ...., , .. ,..,. RECEIVED AUI3 1 7 2011 - 3(0 11- -- ------ 1 ..-- .7 ----- 1 .../--- / ../"."•••• •••••••• ; / 7 .../ ....- -..w. c f CISV711,1PAROMT . I Wi C C 11 I II , t 1 ■ ' '1 ' , 1 I: ' C I / ..._,. ) / s_ I i 1I 0 . I III ,1I 1 1 ) •P.°. 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C C c• C c c V c \ c c c c c • • -...., c \ ii. c c c 1 , \ \ c c cc c c c c c c c_ cc c C c c c c c ' c i c c c c c cc c c c c c c C , I) — — — — -1 C •---, C C C C c C C - c c c C C C c C C 0 1 .0 • . . ...— • • A ' p ......... ..._... I'AMCCOCL E D ROA o . -.... . ........ -'\ 1 t - ------ \ 1 fl Vi N LAND USE SUMMARY: RETAIL COMMERCIAL: 6.2 AC. PROPOSED LAND USE 125 250 •■• mow lowlmommi SCALE IN FEET „.' M ALLIANT 1:WI, 72:::: ''.,F -.: 7:....._ CENTRAL PARK COMMONS LOCKHEED MARTIN ,tQ a csmFFEEEF:::::",„ ,---,,,,, ,,,,,....,- ---- - C- 4 ......- IMIlLem Int.04.12,0....... voiwounLua.... ?•OS.-- LAND LSE PLA, ****1-I-**. u...•••■•ma,an SITE REDEVELOPMENT J o :■ I I .: ri: ,ii O ❑ m o e PATIO oz I 1 Z I I � ' °c ¢ °o 1 I J �_ ¢NN ........ aw 11 7 V - 1� ��j y o ■ ■ — v I at Y z= L. o w / UuY.a 1 O ri n f I i 0 co at P b - u r � i L I CI :: 0 I I I 1 0 _ > • IW rip ,,: }� I' : : EU l at i a 4i A — ■■ a u,JZ n ■■ 0 Ft il 11 w !I Q � `= i I' l e. N E a o NJZ z o:n: 0 ° � ° O o a0o 1 ■; W A ' II a m 1 Q : : W ■r, if) LI, 3� ❑ Ov t` i :: ° 0 U W viz in El 0 pF 1 I o ■■ It II oL='o I : : I a I a 1 :: 0 0 3' 1 � I I 1 15.I � F 1 ,• 1 1 _12 111 ow O im I q 1 � b a - z 1 a un 1 5g! d \J � F- $ 1 ,, tt ``Z N \ul\ bZti p tt \.1 U \ \�? ♦ • O Fu 40°P • 45 i i K v! .. [ ,,, . _ .25 g ; I..., g \ \, / C7 wt ga'a S1 zoo ..4.. w 3 at. qo i I ^32 \ \ \\ ° 1 !!! LL �� e N m� CONCEPT PLAN (.0 !11111111111 Co COMPREHENSIVE GUIDE PLAN AMENDMENT SUBMITTAL NARRATIVE LOCKHEED MARTIN FACILITY — NORTHWEST /OFFICE AREA EAGAN, MINNESOTA December 21, 2011 COMPREHENSIVE GUIDE PLAN DESIGNATION The approximately 6.2 acre application area currently has a 2030 Land Use designation of Major Office (MO), which was originally intended to remain and be excluded as part of the Lockheed Martin Comprehensive Guide Plan Amendment submittal, dated August 17, 2011. Based on a Market Feasibility Study prepared by Maxfield Research Inc, dated December 2011 and received by the City Council this month, it has been determined that the application area is capable of supporting as much as 940,000 square feet of retail /commercial land uses. Therefore, the - applicant is respectfully requesting consideration of a Comprehensive Guide Plan Amendment to allow for the remaining portion of the Lockheed Martin site or this 6.2 acres parcel to be designated as Retail Commercial. This requested action would allow for the City and the applicant to create a redevelopment plan that allows for up to a 100% Retail Commercial land use designation for the entire Lockheed Martin site. ZONING CLASSIFICATION The property has a current Zoning of Research and Development (RD). The applicant will request consideration of a Planned Development (PD) if a Comprehensive Guide Plan Amendment is favorably received by community representatives for the application area. LAND USE EXISTING CONDITIONS The application area is located near the northwest corner of the Lockheed Martin facility and currently provides for surface parking. It is bounded by Central Parkway to the north and west, and abuts the remainder the Lockheed Martin facility to the east and south. The current application area amounts to approximately 6.2 acres. PROPOSED PLAN The application area currently proposes to provide approximately 58,000 square feet of retail /commercial, 8,500 square feet of restaurant and associated parking fields. Current planning for this area as a retail /commercial land use would be consistent with the surrounding and much larger balance of the Lockheed Martin facility and property. Comprehensive Guide Plan Amendment Submittal August 17, 2011 Lockheed Martin Facility — Eagan, MN Page 1 of 3 NARRATIVE RECEIVED DEC 2 8 2011 City Council Meeting Minutes October 4, 2011 5 page COMPREHENSIVE GUIDE PLAN AMENDMENT — CSM EAGAN, LLC A COMPREHENSIVE GUIDE PLAN AMENDMENT FOR A PORTION OF THE PROPERTY FROM SA- MO, SPECIAL AREA — MAJOR OFFICE, TO SA -RC, SPECIAL AREA — RETAIL COMMERCIAL LOCATED AT 3333 PILOT KNOB ROAD City Administrator Hedges introduced the item regarding a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area- Retail Commercial upon approximately 41.2 acres of a 47.4 acre site located at 3333 Pilot Knob Road, legally described as Lot 1, Block 1, Unisys Park 2 " Addition and part of Lot 2, Block 1, Unisys Park 2 " Addition lying southerly and easterly of Central Parkway. City Planner Ridley gave a staff report and noted key issues. Community Development Director Hohenstein gave additional background on the property and identified the planning development process. Tom Palmquist of CSM Development was present and gave an overview of CSM and answered questions of the Council. A discussion was held by the City Council and staff. Mayor Maguire commented on his vision of a marquee destination experience of retail development. The Council further discussed priorities and themes relative to the central commons area. There was consensus by the Council to direct the preparation of a Retail Market Study. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment from Special Area -Major Office to Special Area - Retail Commercial upon approximately 41.2 acres of a 47.4 acre site located at 3333 Pilot Knob Road, legally described as Lot 1, Block 1, Unisys Park 2 Addition and part of Lot 2, Block 1, Unisys Park 2 " Addition lying southerly and easterly of Central Parkway. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. CITY COUNCIL COMMENTS There were no City Council comments. 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 9:10 p.m. Aye: 5 Nay: 0 Date Mayor 3 ) Agenda Information Memo February 8, 2012 Eagan City Council Meeting (Proposed to be continued to the February 21, 2012 City Council Meeting) F. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve an Ordinance Amendment to City Code Chapter 11, Sections 11.30 and 11.60 regarding amusement devices and direct the City Attorney to publish the ordinance amendment summary. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ At their Special City Council Meeting of December 13, 2011, the City Council considered certain policy question/housekeeping items regarding various City licenses and permits. At that time, the Council directed Administrative Services staff to proceed with amendments for a number of these items. ➢ One of the items highlighted was the discontinuation of licensing `amusement devices'. This direction prompted a review of Chapter 11 in that up to three amusement devices are a permitted use or permitted accessory use in the Limited Business, Neighborhood Business, General Business and Community Shopping Center Zoning Districts. ➢ There appears to be no reason to limit the number of devices for business operations that would employ the use of arcade -style games. ISSUES: None. ATTACHMENTS: None