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03/20/2012 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING March 20, 2012 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE P 3 11. ADOPT AGENDA 111. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) f,1 A. APPROVE MINUTES P l B. PERSONNEL ITEMS P 1 1 C. APPROVE Check Registers D. APPROVE amendment to agreement to acquire replacement Portacount test equipment for Fire Department with the cities of Farmington, Apple Valley and Rosemount i L.' E. APPROVE a Resolution to accept donations from Genisys Credit Union, Dakota County Library and Eagan 55+ /Senior Center r. Ig F. APPROVE the 2012 Use Agreement for Blue Cross Blue Shield fields P 9 G. ADOPT a Resolution and APPROVE the application of an Outdoor Recreation Grant for the Caponi Art Park Q a) H. ADOPT a Resolution and APPROVE the application of a Natural and Scenic Area Grant for � the Caponi Art Park f. D3 I. DIRECT the City Attorney's Office to Prepare an Ordinance Amendment Delineating the City's Authority to Name Streets P ao J. APPROVE Application for Premise Permit for Metro Baseball League to conduct lawful gambling at Casper's Cherokee Sirloin Room, 4625 Nicols Road K. Item Removed (sap L. APPROVE Final Plat for BCBSM West Addition ?at/ M. RECEIVE Petition to Vacate Drainage & Utility Easement and Schedule Public Hearing (April 17, 2012) — Oakwood Heights Townhomes P3o� N. APPROVE Change Order No. 3 for Contract No. 11 -08 (Cedar Grove Boulevard — Phase I Street & Utility Improvements) 1 O. AWARD Contract No. 12 -07 (City -Wide Sanitary Sewer Lining) i a . 34, P. APPROVE Sports or Convention Facility License for Pear One, Inc. DBA Roasted Pear to serve alcohol at the Eagan Community Center 51 Q. APPROVE Application for Exempt Permit for Red Pine Parent Teacher Organization to hold 2C� a Raffle May 3, 2012 D T .5 I R. REJECT all bids for Eagan Contract 12 -08 Conduit/Fiber Installation and AUTHORIZE re- issuing of RFP r Lip S. APPROVE the City of Eagan becoming a supporting member of the Twin Cities Obesity Prevention Coalition and APPROVE a Resolution declaring the City of Eagan to be a healthy eating and active living community V. PUBLIC HEARINGS e Lis A. Project 1083 (Beacon Hill Road — Storm Sewer Improvements) VI. OLD BUSINESS f:13 A. PLANNED DEVELOPMENT AMENDMENT and PRELIMINARY SUBDIVISION — Cedar Valley Addition / Cedar Valley Church — A Planned Development Amendment to allow a second building and a Preliminary Subdivision of approximately 6.5 acres to create 2 lots located at 2024 Rahn Way VII. NEW BUSINESS e 9q A. PRECINCT BOUNDARIES AND POLLING LOCATIONS — Legislative Redistricting VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY p A. CALL TO ORDER el D -7 B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes f,10 2. AUTHORIZE Preparation of Plats for Cedar Grove Core Area and EDA Owned Property South of Cedar Grove Parkway D. OLD BUSINESS P 12, 1. APPROVE Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District E. NEW BUSINESS IP. F. OTHER BUSINESS 1. EDA Organizational Business G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT C!ty of Eaaali memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 16, 2012 SUBJECT: AGENDA INFORMATION FOR MARCH 20, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 20, 2012 City Council agenda, the following items are in order for consideration. $ Agenda Information Memo March 20, 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 March 6, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the March 6, 2012 Regular City Council meeting are enclosed on pages 5 through V . 4/ MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota MARCH 6, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, March 6, 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, City Planner Ridley, Communications Director Garrison, Public Works Director Colbert, Police Chief McDonald, Fire Chief Scott, Director of Parks and Recreation Seydell Johnson and City Engineer Matthys. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA It was recommended to pull Consent item E. for separate action. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the February 21, 2012 Regular City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to accept the resignation of Mary O'Brien, Administrative Secretary, and authorize her replacement 2. It was recommended to approve the hiring of Alison Burstein for the Patrol Officer position in the Police Department 3. It was recommended to approve the hiring of Thomas C. Schellinger for the Fire Inspector position in the Fire Department 4. It was recommended to authorize hiring of Executive Recruiter, Brimeyer Fursman to assist with the recruitment and screening of Public Works Director candidates 5. It was recommended to approve the hiring of seasonal employees in Parks & Recreation 6. It was recommended to approve the separation agreement with Pam Schiller, Fire Administration Secretary C. It was recommended to approve check registers dated February 16, 2012 and February 23, 2012 as presented D. It was recommended to approve Resolutions to accept cash donations from two citizens in memory of Retired Firefighter Dave Feterl who recently passed away E. It was recommended to receive Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure Zone Improvements) and schedule a Public Hearing (April 3, 2012) Pulled for separate action. F. It was recommended to request MnDOT Consideration of Proposed Municipal State Aid System Revisions G. Item Removed H. It was recommended to approve Final Payment for Contract 11 -03 (Deerwood Reservoir — Repainting) I. It was recommended to approve Joint Powers Agreement for Project 1086 (Pilot Knob Road & Wescott, Lexington Ave & Northwood Pkwy/Neil Armstrong Boulevard — Flashing Yellow Arrows) with Dakota County 5- City Council Meeting Minutes DR AF T March 6, 2012 2 page J. It was recommended to approve Plans & Specifications and Authorize Advertisement for Bids for Contract 12 -02 (City-Wide Street Improvements) K. It was recommended to award Contract No. 12 -05 (Inflow & Infiltration Mitigation - City-Wide Sanitary Sewer Improvements) L. It was recommended to award Contract No. 12 -06 (Outlet Modifications & Pond Sediment Removal - 2012 Water Quality/Storm Sewer Improvements) M. It was recommended to approve Resolution confirming certain properties should be included in the Coachman Oaks Housing Improvement Area Consent Item E. Councilmember Fields moved, Councilmember Tilley seconded a motion to receive Feasibility Report for Project 1054 (Fairway Hills Ultra -High Pressure Zone Improvements) and schedule a Public Hearing (April 3, 2012) Aye: 4 Nay: 0 (Mayor Maguire abstained) PUBLIC HEARINGS MULTIPLE VARIANCES - 3105 SIBLEY MEMORIAL HIGHWAY — TED ANDERSON City Administrator Hedges introduced the item regarding multiple variances for property located at 3105 Sibley Memorial Highway and stated the applicant had previously requested this item be continued to the March 6, 2012 regular City Council meeting. City Planner Ridley gave a staff report and provided additional history on the property. Ridley further listed the variances pertaining to the proposed site improvements. Ted Anderson was present and available 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 Fields moved, Councilmember Bakken seconded a motion to approve the following variance requests: 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 percent to 23.8 percent for property located at 3105 Sibley Memorial Highway 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 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 six stalls in the south parking lot that are less than 19' in depth shall be signed "compact parking only." 3. Concrete curbing shall be installed at the outer edge of all parking lot areas per the Site Plan dated 12- 13 -11. 4. Mechanical equipment shall be screened from views from off the property by physical barrier that matches the principal building in color. 5. A photometric plan shall be provided for staff review, and modifications made to any lighting as may be necessary ensure compliance with City Code. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a variance to allow zero side yard setback for existing satellite dish and trash enclosure over the west side lot line for property located at 3105 Sibley Memorial Highway and 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 west wall of the trash enclosure shall 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. 3. Concrete curbing shall be installed at the outer edge of all parking lot areas per the Site Plan dated 12- 13 -11. 4. Mechanical equipment shall be screened from views from off the property, consistent with City Code Section 11.70, Subd. 21.D, by physical barrier that matches the principal building in color. City Council Meeting Minutes March 6, 2012 � 3 page 5. A photometric plan shall be provided for staff review, and modifications made to any lighting as may be necessary ensure compliance with City Code. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a variance 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 Highway 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. Concrete curbing shall be installed at the outer edge of all parking lot areas per the Site Plan dated 12- 13 -11. 3. The applicant shall install parking lot landscape screening on the north side of the lot in compliance with City Code. 4. Mechanical equipment shall be screened from views from off the property, consistent with City Code 11.70, Subd. 21.D, by a physical barrier that matches the principal building in color. 5. A photometric plan shall be provided for staff review, and modifications made to any lighting as may be necessary ensure compliance with City Code. OLD BUSINESS There are no Old Business items at this time. NEW BUSINESS INTERIM USE PERMIT- 3045 HIGHWAY 13 — SOWLES PROPERTIES City Administrator Hedges introduced the item regarding the interim use permit to allow outdoor storage of various construction equipment, materials, trailers and vehicles associated with a site plan on a 24 -acre site located at 3045 Sibley Memorial Highway and noted a public hearing was held on February 28, 201. City Planner Ridley gave a staff report along with background information on the property and stated the Advisory Planning Commission recommended approval of the interim use permit. Two representatives of Sowles Properties were present and available to answer questions by the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an interim use permit to allow outdoor storage of equipment, materials, trailers and vehicles and a yard tower crane associated with a site plan on the 24 -acre site located at 3045 Sibley Memorial Highway subject to the conditions listed below: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County Recorder's office within 60 days of approval by the City Council. 2. The permit shall terminate March 6, 2017 (a five -year term). 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. If any type of aggregate surfacing is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The outdoor storage items shall be limited to what is provided for with the site plan dated January 18, 2012. 7. The applicant shall provide enhanced security measures around the yard tower crane and the applicant shall work with City staff to develop a plan for such additional security measures. 8. A detailed plan for Area #6 showing the truck and trailer storage and drive aisles has been submitted and is subject to review and approval by the Fire Department. City Council Meeting Minutes March 6, 2012 A r r 4 : L-k- page 9. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code. 10. Gravel storage areas shall be maintained consistent with the submitted maintenance plan to define the storage boundaries, and remove weeds and other vegetative growth. 11. Upon recording the Interim Use Permit, all other Interim or Conditional Use Permits for the property shall terminate. 12. A 20' clear drive aisle for fire and emergency access shall be maintained on the north side of the northerly building and along the westerly side of the building within storage Area #4. 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 7:00 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo March 20, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Authorize hiring of a full time Fire Administrative Assistant and a part time Fire Prevention Specialist. FACTS: • The Fire Administration Secretary (Level 7) separated from the City, creating a full time vacancy. The City Council recognized this separation at the March 6, 2012 meeting. • After reviewing the personnel costs, there is sufficient funding to create 1.50 FTE positions within the Fire Administration staff without increasing the personnel budget. • Staffing compliment would reflect a Fire Administrative Assistant, Level 4 (1.0 FTE) and Fire Prevention Specialist, Level 4 (0.5 FTE). • This staffing composition would better meet the needs of Fire Administration by allowing one person to concentrate on administrative support and another part time position to focus on fire prevention activities. The Fire Prevention Specialist would also be a certified Fire Fighter and be able to assist with incident command and day time fire related calls. Item 2. ACTION TO BE CONSIDERED: Authorize hiring of Administrative Intern "to be named ". FACTS: • Anticipated duration of internship is 4 -6 weeks. • Will assist Administration during the transition of the Executive Assistant position. q Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Theresa DiNella Parks & Rec Pottery Studio Technician Community Rachael Sallander Center Fitness Instructor ID Agenda Information Memo March 20, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 1, 2012 and March 8, 2012 as presented. ATTACHMENTS: • Check registers dated March 1, 2012 and March 8, 2012 are enclosed without page number. /1 Agenda Memo March 20, 2012 Regular City Council Meeting CONSENT AGENDA: D. APPROVE amendment to agreement to acquire replacement TSI PORTACOUNT. ACTION TO BE CONSIDERED: APPROVE amendment to agreement to acquire replacement TSI PORTACOUNT. FACTS: • In 1998 the Cities of Apply Valley, Eagan, Farmington and Rosemount entered into an agreement to purchase and share a piece of equipment that would annually be used by each fire department to fit test respirators worn by firefighters. The annual fit testing is an OSHA and NFPA requirement for each firefighter. • The machine used for this test is called a TSI Portacount machine. • In August of 2011 our current Portacount machine suffered a mechanical failure. Upon returning it to the manufacture for repair, we were advised that the thirteen year old piece of equipment was not repairable and no longer supported. • With this knowledge the four fire departments engaged in conversation and evaluation as to the future of our fit testing program. The outcome of our study was to continue our collaborative efforts with the four cities by purchasing a replacement Portacount to be shared with the four cities. • The past agreement allowed for Apple Valley to purchase the Portacount and for the other three cities to pay Apple Valley for their one quarter ownership. • The total cost of the new Portacount is $11,702.27; Eagan's share will be $2,925.56 which will be taken from the department's annual operating budget. ATTACHMENTS: Amendment attached on pages 13 to 1 S . ia SECOND AMENDMENT TO AGREEMENT TO ACQUIRE A TSI PORTACOUNT THIS AGREEMENT ( "Second Amendment ") is made this day of , 2012, by and between the CITY OF APPLE VALLEY ( "Apple Valley "); the CITY OF EAGAN ( "Eagan "); the CITY OF FARMINGTON ( "Farmington "); and the CITY OF ROSEMOUNT ( "Rosemount ") (collectively referred to as the "Cities "). WHEREAS, the cities of Apple Valley, Eagan and Rosemount previously entered into an Agreement to Acquire a TSI Portacount dated July 7, 1998 ( "Agreement "), which provided the sharing of costs and use of the TSI Portacount; WHEREAS, the Cities later entered into an Amendment to Agreement to Acquire a TSI Portacount dated June 21, 1999 ( "Amendment "), which amended the Agreement to include the City of Farmington as a party to the Agreement; WHEREAS, the Cities desire to amend Paragraphs 2 and 3 of the Agreement to reflect their actual use of the TSI Portacount, as practiced by the Cities since the execution of the Agreement; and WHEREAS, the purchased TSI Portacount is no longer operable, and the Cities desire to purchase a replacement TSI Portacount. NOW, THEREFORE, the Cities hereby agree as follows: 1. The City of Apple Valley shall purchase a new TSI Portacount, and the Cities shall equally contribute to the cost thereof. 2. Paragraphs 2, 3 and 4 of the Agreement shall be deleted in their entirety and replaced with the following: 2. OWNERSHIP OF THE TSI PORTACOUNT. The TSI Portacount is owned jointly by the Cities. 3. USE OF PORTACOUNT. Apple Valley has purchased the new TSI Portacount on behalf of the Cities for use by the fire departments of the Cities. The device is used for testing the respirator fit for masks on self - contained breathing apparatus ( "SCBA's "). Each City shall be entitled to three consecutive months of use and possession every calendar year. The Cities shall agree to each City's designated three -month period prior to January 1. In the event an agreement is not reached by January 1, the TSI Portacount shall be returned to Apple Valley Fire Station No. 1 and Apple Valley shall decide each City's designated three -month period. During each three -month period, one City shall maintain possession of the TSI Portacount and keep it in good operating condition. If a non - 13 possessing City seeks to use the TSI Portacount, it may schedule reasonable use of the TSI Portacount for its respective fire department by contacting the possessing City through its fire chief. 4. FINANCIAL RESPONSIBILITY. Apple Valley, Eagan, Farmington and Rosemount have all made equal contributions in the amount of Two Thousand Nine Hundred Twenty -Five and 56/100 Dollars ($2,925.56) for the purchase of a new TSI Portacount and for the establishment of a fund for maintenance and any necessary replacements of the new TSI Portacount. Unless otherwise agreed by the Cities or unless Apple Valley withdraws from this Agreement, Apple Valley will maintain the new TSI Portacount and invoice all Cities in equal shares of the cost thereof. The Cities shall promptly remit the amount due to Apple Valley. 3. Except as specifically amended by this Second Amendment, the Agreement and Amendment shall remain in full force and effect. 4. EFFECTIVE DATE. Each City may sign a separate original of this Second Amendment and all the originals shall collectively constitute this Second Amendment. This Second Amendment shall be in full force and effect when all parties sign the Second Amendment. The signed Second Amendment along with a certified resolution authorizing the Second Amendment, shall be filed with the City of Apple Valley, which shall notify all Cities in writing of the effective date of this Second Amendment. 2 IN WITNESS WHEREOF, the parties have subscribed their names as of the day and year first above written. CITY OF APPLE VALLEY CITY OF EAGAN By: By: Mary Hamann - Roland, Mayor Mike Maguire, Mayor AND AND Pamela J. Gackstetter, City Clerk Christina M. Scipioni, City Clerk CITY OF FARMINGTON CITY OF ROSEMOUNT By: By: Todd Larson, Mayor William H. Droste, Mayor AND AND Kevin Schorzman, Interim City Dwight Johnson, City Administrator Administrator 3 ig Agenda Memo March 20, 2012 City Council Meeting E. APPROVE a Resolution to accept donations from Genisys Credit Union, Dakota County Library and Eagan 55+ /Senior Center. ACTION TO BE CONSIDERED: To approve a resolution to accept a cash donation of $5,750 from Genisys Credit Union, a cash donation of $500 from Dakota County Library and a cash donation of $200 from the Eagan 55+ /Senior Center for several 2012 Parks and Recreation programs and events and to authorize the necessary budget adjustment. FACTS: • The Genisys Credit Union, Dakota County Library and the Eagan 55+ /Senior Center have approached the City of Eagan to donate money to support several 2012 Parks and Recreation programs and events. • Donation/sponsorship dollars were budgeted for 2012 to allow these community programs /events to be hosted by interested local partners. • Genisys Credit Union has asked to contribute to the following programs or events during 2012: o $2,000 to support the Puppet Wagon offering free entertainment within local parks during the summer. o $2,500 to support the annual Halloween Hodgepodge event that draws hundreds of people to the Eagan Community Center. o $750 to support the Eagan 5K Your Way Activity Festival that will replace the Fun Run in May. o $500 to support the Old Fashioned Holiday at Holz Farm that draws hundreds of people to the Holz Farm in the winter. • The Dakota County Library has asked to contribute to the following programs or events during 2012: o $500 to support the June 27 Family Night at Market Fest. The contribution will used towards the Teddy Bear Band entertainment. • The 55+ /Senior Center has asked to contribute to the following programs or events during 2012: o $200 to support the entertainment during the August 15 Health & Wellness Night at Market Fest. • By approving this donations the 2012 Recreation budget would receive a corresponding budget adjustment reflecting the cash donations of: • $2,000 to budget line item 3060 -4663. • 2,500 to budget line item 3063 -4663. • 750 to budget line item 3079 -4663. • 500 to budget line item 3027 -4663. • 500 to budget line item 3061 -4663. • 200 to budget line item 3061 -4663. ATTACHMENTS: • Resolution on Page J1 . J( CITY OF EAGAN RESOLUTION TO ACCEPT CASH DONATIONS FROM GENISYS CREDIT UNION, DAKOTA COUNTY LIBRARY AND EAGAN 55+ /SENIOR CENTER WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Genisys Credit Union, Dakota County Library and the Eagan 55+ /Senior Center have expressed an interest in partnering with Eagan Parks and Recreation to support several 2012 programs and events; and WHEREAS, Genisys Credit Union has offered to donate $5,750 in cash to support specific programs and events that are offered throughout the community including Puppet Wagon, Halloween Hodgepodge, Eagan 5K Your Way Activity Festival, and Old Fashioned Holiday at Holz Farm; and WHEREAS, Dakota County Library has offered to donate $500 in cash to support a specific Market Fest event; and WHEREAS, the Eagan 55+ /Senior has offered to donate $200 in cash to support a specific Market Fest event; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $5,750 cash donation from Genisys to support the following 2012 programs and events: Puppet Wagon ($2,000), Halloween Hodgepodge ($2,500), Eagan 5K Your Way Activity Festival ($750), and Old Fashioned Holiday at Holz Farm ($500); the $500 cash donation from the Dakota County Library to support entertainment at the June 27 Market Fest; and the $200 cash donation from the 55+ /Senior Center to support entertainment at the August 15 Market Fest. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated CERTIFICATION I, Christina M.Scipioni, City Clerk for 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 20 day of March, 2012. City Clerk 1 7 Agenda Memo March 20, 2012 City Council F . APPROVE the 2012 Use Agreement for Blue Cross Blue Shield fields ACTION TO BE CONSIDERED: Approve the 2012 Use Agreement and authorize the Mayor and City Clerk to sign the agreement with Blue Cross/Blue Shield (BCBS) that allows use of BCBS property for community soccer games and related activities. FACTS: • The City, EAA and BCBS have a long history of working together to provide field space for youth soccer games on the grounds of the BCBS main campus and River Office complex. • With the popularity of youth soccer, the spaces are critical elements of the overall field plan • The City provides turf maintenance at the sites during the soccer season including, lining, mowing, fertilizing and seeding. Said costs are included in the Parks operational budget. • The City Attorney and Insurance Agent have reviewed and approved the document. • Both the City and EAA have provided certificates of insurance in prior years as requested in the agreement and are able to do the same for 2012. • EAA will also be signing the document. ATTACHMENTS: None Agenda Memo March 20, 2012 City Council Meeting G. ADOPT a Resolution and APPROVE the application of an Outdoor Recreation Grant for the Caponi Art Park. ACTION TO BE CONSIDERED: Adopt a Resolution to apply to the Department of Natural Resources for funding of an Outdoor Recreation grant to acquire portions of the Caponi Art Park and authorize staff to prepare the necessary grant application documents. FACTS: • In 2012 the State of Minnesota and the Federal Land and Water Conservation Fund, through the Minnesota Department of Natural Resources (DNR) provided an opportunity to apply for funding to supplement projects that would enhance and encourage outdoor recreation. • The DNR Outdoor Recreation grant program assists local governments in acquiring parkland and developing or redeveloping outdoor recreation facilities. • The Caponi Art Park has a total of 57.12 acres; 30 acres are currently owned by the City but managed by the Caponi Art Park, the middle 17.9 acres has a conservation easement in place that prohibits future development of the land but a mortgage is owed on the fee title of this parcel, and the final 9.22 acres with the house and studio does not have a conservation easement but a mortgage is owed on this land. • If approved by the City Council an application will be submitted by the City of Eagan to purchase the remaining non -City owned 27.12 acres of land operating as the Caponi Art Park. The grant application deadline is March 31, 2012. • Purchase of the fee title for these remaining 27.12 acres is proposed through a contribution of funds from the State of Minnesota grant funding ($400,000), Dakota County's Farmland and Natural Resources Fund ($400,000), City of Eagan ($400,000) and private fund raising by the Caponi Art Park Board ($200,000) for a total land purchase of approximately $1.4 million. • The City's portion of the funding is proposed to come from the Park Systems Development and Renewal & Replacement Fund initially derived from developer fees during the subdivision process. • A concurrent grant application in the amount of $400,000 is also being made to the Minnesota DNR Natural and Scenic Area Grant Program. • The DNR stipulates that grant applications must be presented at a public hearing. The Advisory Parks Commission on March 19, 2012 has been published as the official public hearing for this grant application. • If the grant is received, the land must be purchased by December 31, 2013. • If all identified funding is not formally in place by December 31, 2013 any grants awarded will be returned to the DNR and City funds will not be expended. ATTACHMENTS: • Resolution to apply for the grant on pag . 1? ITEM 7 — LOCAL GOVERNMENT RESOLUTION BE IT RESOLVED that City of Eagan act as legal sponsor for the project contained in the Outdoor Recreation, Regional Park and/or Park Legacy Application to be submitted on March 30, 2012 and that Juli Seydell Johnson, Director of Parks and Recreation is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of City of Eagan. BE IT FURTHER RESOLVED that City of Eagan has the legal authority to apply for financial assistance, and financial capability to meet the match requirement and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that City of Eagan has not incurred any development costs described on Item 5b and has not entered into a written purchase agreement to acquire the property described on Item 5a. BE IT FURTHER RESOLVED that upon approval of its application by the state, City of Eagan may enter into an agreement with the State of Minnesota for the above referenced project and that City of Eagan certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for outdoor recreation uses into perpetuity. NOW, THEREFORE BE IT RESOLVED that Juli Seydell Johnson, Director of Parks and Recreation is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of City of Eagan on March 20, 2012. SIGNED: WITNESSED: City of Eagan Mike Maguire, Mayor Christina M. Scipioni March 20, 2012 March 20, 2012 aC Agenda Memo March 20, 2012 City Council Meeting H. ADOPT a Resolution and APPROVE the application of a Natural and Scenic Area Grant for the Caponi Art Park. ACTION TO BE CONSIDERED: Adopt a Resolution to apply to the Department of Natural Resources for funding of a Natural and Scenic Area grant to acquire portions of the Caponi Art Park and authorize staff to prepare the necessary grant application documents. FACTS: • In 2012 the State of Minnesota, through the Minnesota Department of Natural Resources (DNR) provided an opportunity to apply for funding to supplement projects that would enhance and encourage outdoor recreation. • The DNR Natural and Scenic Area program assists local governments and school districts in acquiring fee title acquisition and permanent easement acquisition of natural and scenic areas. • The Caponi Art Park has a total of 57.12 acres; 30 acres are currently owned by the City but managed by the Caponi Art Park, the middle 17.9 acres has a conservation easement in place that prohibits future development of the land but a mortgage is owed on the fee title of this parcel, and the final 9.22 acres with the house and studio does not have a conservation easement but a mortgage is owed on this land. • If approved by the City Council an application will be submitted by the City of Eagan to purchase the remaining non -City owned 27.12 acres of land operating as the Caponi Art Park. The grant application deadline is March 31, 2012. • Purchase of the fee title for these remaining 27.12 acres is proposed through a contribution of funds from the State of Minnesota grant funding ($400,000), Dakota County's Farmland and Natural Resources Fund ($400,000), City of Eagan ($400,000) and private fund raising by the Caponi Art Park Board ($200,000) for a total land purchase of approximately $1.4 million. • The City's portion of the funding is proposed to come from the Park Systems Development and Renewal & Replacement Fund initially derived from developer fees during the subdivision process. • A concurrent grant application in the amount of $400,000 is also being made to the Minnesota DNR Outdoor Recreation Grant Program. • The DNR stipulates that grant applications must be presented at a public hearing. The Advisory Parks Commission on March 19, 2012 has been published as the official public hearing for this grant application. • If the grant is received, the land must be purchased by December 31, 2013. • If all identified funding is not formally in place by December 31, 2013 any grants awarded will be returned to the DNR and City funds will not be expended. ATTACHMENTS: • Resolution to apply for the grant on page . ITEM 6 — LOCAL GOVERNMENT RESOLUTION BE IT RESOLVED that City of Eagan act as legal sponsor for the project contained in the Natural and Scenic Area Grant Program Application to be submitted on March 30, 2012 and that Juli Seydell Johnson, Director of Parks and Recreation is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of City of Eagan. BE IT FURTHER RESOLVED that City of Eagan has the legal authority to apply for financial assistance, and financial capability to meet the match requirement and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that City of Eagan has not incurred any development costs described on Item 4 and has not entered into a written purchase agreement to acquire the property described on Item 4. BE IT FURTHER RESOLVED that upon approval of its application by the state, City of Eagan may enter into an agreement with the State of Minnesota for the above referenced project and that City of Eagan certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for natural and/or scenic uses into perpetuity. NOW, THEREFORE BE IT RESOLVED that Juli Seydell Johnson, Director of Parks and Recreation is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of City of Eagan on March 20, 2012. SIGNED: WITNESSED: City of Eagan Mike Maguire, Mayor Christina M. Scipioni March 20, 2012 March 20, 2012 Agenda Information Memo March 20, 2012 Eagan City Council Meeting I. TO DIRECT THE CITY ATTORNEY'S OFFICE TO PREPARE AN ORDINANCE AMENDMENT DELINEATING THE CITY'S AUTHORITY TO NAME STREETS ACTION TO BE CONSIDERED: To direct the City Attorney's Office to prepare an Ordinance Amendment Delineating the City's authority to name streets. FACTS: • Dakota County has been working with cities to establish a unified street naming policy resulting in a common GIS database for the mutual benefit of all parties. One of the aspects of the agreement is for the City to provide the County with the names of streets. • This work will result in a Joint Powers Agreement (JPA) for City Council consideration upon approval by the County Board. • City staff has no issues with the terms of the proposed agreement with the County; however, the City Attorney's Office has determined that the City will need to adopt an ordinance to provide for the naming of streets as a precondition to approving the JPA. • Neither the ordinance nor the JPA will impact Eagan's past practice whereby street names are proposed by developers and reviewed by City Staff. ATTACHMENTS: (None) a3 Agenda Information Memo March 20, 2012 Eagan City Council Meeting J. APPROVE PREMISE PERMIT FOR METRO BASEBALL LEAGUE TO CONDUCT LAWFUL GAMBLING AT CASPER'S CHEROKEE SIRLOIN ROOM, 4625 NICOLS ROAD ACTION TO BE CONSIDERED: Adopt Resolution to approve a Premise Permit for Metro Baseball League to conduct lawful gambling at Casper's Cherokee Sirloin Room, 4625 Nicols Road. FACTS: • Nancy Huber, Gambling Manager of Metro Baseball League has applied for a premise permit to conduct a pull -tab operation at the Casper's Cherokee Sirloin Room located at 4625 Nicols Road. • Eastview Hockey Association is also permitted to lawful gambling operations at Casper's Cherokee Sirloin Room. • The Police Department has conducted an investigation of the application and has found no cause to deny the application. ATTACHMENTS (1): A copy of the proposed resolution is attached as page a5 . (The complete application is available from the Office of the City Clerk.) RESOLUTION CITY OF EAGAN PREMISE PERMIT FOR METRO BASEBALL LEAGUE TO CONDUCT PULL TAB, PADDLEWHEEL AND BAR BINGO AT CASPER'S CHEROKEE SIRLOIN ROOM WHERAS, the Metro Baseball League has applied for a permit permit for a pull tab, paddlewheel and bar bingo operation at Casper's Cherokee Sirloin Room, 4625 Nicols Road; 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 Metro Baseball League application for a premise permit at Casper's Cherokee Sirloin Room, 4625 Nicols Road. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in favor: Those against: Date: March 20, 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 20 day of March, 2012. City Clerk as- Consent Agenda Information Memo March 20, 2012, Eagan City Council Meeting L. FINAL SUBDIVISION — BLUE CROSS BLUE SHEILD MN (BCBSM WEST ADDITION) ACTION TO BE CONSIDERED: To approve a Final Subdivision (BCBSM West Addition) for property located consisting of two parcels upon approximately 37 acres located west of Yankee Drive and South of Yankee Doodle Road. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The Preliminary Subdivision was approved on November 1, 2011. ➢ Appropriate declarations of easements have been provided for the continued shared access and parking situation. ➢ A new Preliminary Planned Development was created at the same time allocating to Lot 1 the remaining 262,000 s.f. of future development area approved in earlier Planned Developments. ➢ The Preliminary Planned Development Agreement has been signed and executed and will be recorded with the final plat. • All easements and declarations will be recorded with the final plat. ➢ The development contract has been signed and is ready for execution at the regular City Council meeting. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Not applicable ATTACHMENTS: (2) Location Map, page (9 7 Final Plat, page a 43 Location Map 7 , ,, , L ne O ak \1 1 Rd • _ I '•• Y kee DOO .Rd : � • 1 .. , Olfll y RA ,, t,1 Cliff Rd' I• rte` :. 1 Fort Snelling State Park 4,‘ Map Area Extent Subject Site = 4 # 1 , coff , , . ., . „.. ., ,., /. _, _,• ® • ` _/ L s -, b _ , • �Q L n 4 IPark ROAD . .■. II. ® ®� i •� r = ® ® ® ® ® ® �® _ _. CREST RIDGE LAN' _ ... ® ®'4 ® 7-' _ . , - -.i ® �~ - Emma ® � I�O NTFREY Af•I -® • # - 6 • � . �� : . . KYI LO J.A -J - ® B . 4/ 4 f • , = 11% =CI it..11 .,„„,,_ ,_ _„"„ ,,,-- Age iii /„., , : lj A ni 1 1 1 I Feet Project Name: Blue Cross Blue Shield MN, Inc. 0 500 1,000 2,000 Request: Prelim. Subdivision and PD Amendment Legend . 1 11n Case Nos.: 08- PS- 01 -09 -11 �,,,E City Boundary Parcels /■-\ Parks Buildings N City of Copt' a7 - 12"01'° .� � _ �° • �.z -- - - - - - - ' 127J$' ^/vv L.,22 ::::r7:71,-2----;;---63-10---- jl7n 7 p � --- _ /179 /,l /l. /1 Viiu ri ti _ \ FiY:, F,59,4frivf" _ ___ "----- M "" _ 7 _ ; -.4,112, € ` q .---:3\ t __., __ _........f.."--,;,-,-.,---:.-_-:-_, __ 1._ is y. _ _ - - C - - . _ - _ „ — - -- —t. e 6 $ r” 0\ w y " r i X/ / R:-_-..... ..- \1 1 y3 F N t2 I 111 ra g �� T K / �q 1 I P �(� a T �� 4 3. /7 //�Cdic� / j Y M s 444 1i'�- 161100 ,\, lid q � / u 8 JZ:667ew rurnmd Y ° q ,o y k r r � I k ›.-A----t-...... (- \ 11 ,—' () i ,,,, \ li 1)3 1 r He 4 a � a ,-:3 il I / a , b ' , \R ',AA, ..,,..., ti :. qc'� °, r a h 'b °fir \ �� 4. - -`\ ' -- - - - - - -- -I I •‘.,,(.‘ .1 ,., / , , . - __ , ittp 4 s k 5 � ':,-.41.8.7 556'30'J6'E 6' • 'r '� ` d -,J . -; r . 12Mil� 1 `. 24.12 -.., \ -- —�` ._ Sl2'17 _ }{ }. E YANKEE " a 701, J67.69 .- • -. 1 A . .i �e t y . , Y!t DRIVE -,n om® •.• 6 � " T , s ' C }M/ % ;, vii, .e...,\ ,-100/ /C �E � / / tb •V, a I yi€ I ` J / '�Q : \\ ��f1 I o • a fy4 ---"L � .J $1$$ R ° ° S Rr -- I- -- I - -- �€ 0) q '1: _ _ _ Q e l— • — I-- J_1 -1 - -J i o _ Cj x ° O at t:, I = \ ro A� g y ?� o�S Z L J Agenda Information Memo March 20, 2012 Eagan City Council Meeting M. LOT 1, BLOCK 1 OAKWOOD HEIGHTS 3 ADDITION DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easement on Lot 1, Block 1, Oakwood Heights 3 Addition, and schedule a public hearing to be held on April 17, 2012. FACTS: • On February 24, 2012, City staff received a petition from Greg Stewart, representing the property owners of 901 -913 Oakwood Heights Circle (all townhomes within Lot 1, Block 1, Oakwood Heights 3` Addition) requesting the vacation of a portion of public drainage & utility easement within that property. • The easement is a blanket drainage and utility easement covering all open space property outside the townhome buildings, originally dedicated with Oakwood Heights 3 Addition plat. There are not any existing public utility lines or public drainage near the portion of easement for which the vacation has been requested. • The applicant is requesting the vacation to install backyard decks with footings along the entire west side of the townhome building. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, gra hic, page D . • Location Map, page ] . a 9 E O/ 4/N, qG e` 5� �y Nonh 55 Sa " EqS FN U TILI TY t est , 625 7' _� 6 0 � /� � J `r � — North 00° 04' 06" East 7.62' \ 90 \ South 89° 04' 06" East 79.67 \ I � \ 1 --„,_. //\,,,,..,,,,,,. Lot VOCk He ights 3rd Oat 0 d CC' —1 1— s = o — O w 5 3 to to 0 zw o O O W w O t co Z W N Z Q I O 0 POINT OF BEGINNING South 66° A l South 89° 55' 54" East 17.00' 5 4 a0°Fast a 8043, 1 \� I �� - North 00° 04' 06" East 10.00' J /\ ,u Description for vacation of drainage and utility easements over, under and across Lot 1, Block 1, 1 Oakwood Heights 3rd Addition, Dakota County, Minnesota described as follows: 3 \ Commencing at the most westerly corner of said Lot 1, Block 1, Oakwood Heights 3rd Addition, thence / South 68° 54' 40" East a distance of 80.43 feet, thence North 00° 04' 06" East a distance of 10.00 feet to the point of beginning, thence continuing North 00° t 04' 06" a distance of 174.00 feet, thence South 89° > 55' 54" East a distance of 79.67 feet, thence North 00° E 04' 06" East a distance of 7.62 feet, thence North 68° ' 55' 54" West a distance of 62.51 feet, thence South 46° 05' 17" West a distance of 53.75, thence South 00° 04' 06" West a distance of 166.81 feet, thence South 89° 55' 54" East a distance of 17.00 feet to the /2012 4 111 Oakwood Heights 3rd Addition City of Commm Proposed Drainage & Utility Easement Vacation Fig. 2 Engineering Department 0 0 Location Map U Q I ` � v \ p ,` ; _ M ,�Q- a I r D � � c2 z D rn' - d /` J i YANKEE DOODLE RD. ,1 nni-Wil 1` / i 0 _ D I _ / DRl 1 1 D / AlaiL D 1111 cD %WO _ 1 Q : ,4 DD c.- WES ROAD ,___A ��- / � IF:72JTAtc i D� "04077 I L 1 D —c ,D �r I ��, � D z > 'Cg igir Ilk. --- D D )jrii64 DIFFLEY ROAD D � �\ D`- D �Qj DD ) D __�� � 9 M J I WILDERNESS RUN i m INT) O D _i Z D ``JdD a DD 'K)--1 3 L ?` DD D ~ - 7 , CLIFF ROAD �(\ -����� u D J - � Proposed Vacation i c° D___ Location i �� E W 3/6/2012 Proposed Drainage & Utility Easement Vacation City of Ear Oakwood Heights 3rd Add. Fig. 1 Engineering Division 5 i Location Map Agenda Information Memo March 20, 2012 Eagan City Council Meeting N. CONTRACT 11 -08, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 11 -08 (Cedar Grove Boulevard Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -08 provides for the street realignment, upgrade, utility, and landscape improvements of Cedar Grove Boulevard (formerly Sibley Memorial Highway) within the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 1051). • On June 21, 2011, the City Council awarded the Phase 1 Alternate Bid for Contract 11- 08, providing for these improvements, along with trunk water main modifications in the area. Also included in these improvements is the installation of a water system pressure - reducing station and associated maintenance access manhole on the existing water main vault at Silver Bell Road and Highway 13. • Change Order No. 3 provides for the upsizing from the original design of the maintenance access manhole structure to house the pressure- reducing valves at Silver Bell/ Highway 13. Upsizing the manhole improves access for maintenance personnel. This change order provides for the additional costs for a larger structure, the increased time to construct, and specialty equipment needed. (ADD of $19,853.95) (1.40% of original contract). The cost of the additional work will be the responsibility of the City's Utility Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. 3a Agenda Information Memo March 20, 2011 Eagan City Council Meeting O. CONTRACT 12 -07, 2012 CITYWIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Receive the Bids and award Contract 12 -07 to Insituform Technologies for the base bid amount of $190,709.10 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • As a part of the 5 year Capital Improvement Program (2012 -2016) and the 2012 operating budget, the City Council authorized the rehabilitation of approximately 5,000 linear feet of existing sanitary sewer pipe to be strategically selected from throughout the City for structural and I &I mitigation lining improvements. The budget was approved at $138,000 based on an estimated $26 per foot. • In 2010, the Metropolitan Council of Environmental Services (MCES) established an I &I grant program for affected cities to help with their cost of mitigating public infrastructure related to I &I. The grant will fund 50% of "eligible" improvement costs. Sewer Lining costs have been qualified as 50% eligible (i.e. net 25% grant reimbursement). Staff prepared the grant application to include the 2012 sewer lining program along with other local improvements. The approved grant includes $48,000 of funds from the MCES for an additional 2,087 feet of sewer lining improvements. • With this notification of additional approved funding, staff prepared bid documents for 7,659 ft in hopes of taking advantage of the economies of scale and a favorable bidding climate. On March 8, 2012 at 10:30 a.m., formal bids were received for this project. A copy of the bid tabulation is enclosed. • While the low bid is $4,709 (2.5 %) over budget due to the lower grant funds estimate of $23 per foot for the additional 2,087 feet of sewer lining, the low bid unit price of $24.90 still remains competitive with the low bid prices from the last 3 years and below the City's budgeted cost estimate per foot. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Insituform Technologies has been reviewed by the Utility Division and found to be in order for favorable Council Action. ATTACHMENTS: • Bid Tabulation, page . • Location Map, page ��j . BID SUMMARY SEWER LINE RENOVATION FOR CURED IN PLACE PIPE CITY CONTRACT NO. 12 -07 Bid Date/ Time: 10:30 a.m., Thursday, March 8, 2012 Pipe Renovation Length: 7,659 feet Bidders Price per ft. Total Base Bid 1. Insituform Technologies $24.90 $ 190,709.10 2. Visu- Sewer, Inc. 25.00 $ 191,475.00 3. Veit Specialty Contracting 26.50 $ 202,963.50 4. Lametti & Sons, Inc. 28.00 $ 214,452.00 5. SAK Construction, LLC 28.50 $ 218,282.50 6. Michels Corporation 37.30 $ 285,680.70 Low Base Bid Budget % Over/ Under Engineers % Over /Under Estimate* Budget Estimate ** Eng Estimate Estimate $190,709.10 $186,000 +2.5% $200,200 -4.7% *Budget Estimate: $138,000 (2012 Budget, 5,000 feet) plus $48,000 (Grant budget, 2,087 feet ) * *Engineers Estimate: 7,659 feet x $26/ foot cc: Charlie Borash Jon Eaton John Gorder Russ Matthys Tom Colbert Jim Hauth G:Current council Items /12 -07 /Bid Summary Results �J� w City of Eagan Sanitary Sewer Lining .l� IDj 1- 494 _ MENDOTA HEIGHTS _ FY 1• 149 i i o, rA\ i � � ti� i I , i artn■ 11 LONE OAK RD ~ ; -a r•)--‘, ��.� ip 55 6111,,r5, ill I I /'4i� 0 . r �� 1 49 �� „,....,, _ „„ I — — 20 12 L ining Areas j� 6 /YANKEE DOODLE RD �� Ail( - v r w 1► � � � ° = . 1 ' mil~ \ -A m 13' � �� z ri X 14 �7 �� `� t 2_1,. y • ` r / / 1 �i D IFFLEY RD rliN I sg ' . ;�►,r' - © � �.. ©f L___ .,- -.., . , •A ,..., ., ” \-- - - k i L il l c " A Lam /. ' � ^ wt 1 �'v E 1 ` ( �� Are7 Vi i; �, � � L „„- „' ` }` : l . / �/ au_ e t >-j t ./l — gm `1 �_,� ,� CLIFPRD LF r� , CLIFF RD '∎ r 1 -,-• iv ,-,ict,,,,,,--- , 1 ,, ,,,.. pi _,-, _,__. ,. , • 0 1 -.7 7 1111111 ). ' / ' 7 , : / / ' ; ' - .... ,...,,, - 11 O I I AI a 4 Apt ` f h. IN / \ LE VALLEY ROSEMOUNT N Z 2012 Lining Areas Eaau W 2012 Lining Areas E City of S W S Map Date: 1/30/2012 J City ROW Prepared by: City of Eagan Department of Public Works 1 in = 1 miles L: \USERS \P U BWO RKS\ Projects \Uti Iities \Sanita ry_Sewer SS— Maintenance \tinning \Counci12012Lining8x11 Portrait.mxd Agenda Information Memo March 20, 2012, Eagan City Council Meeting P. APPROVE SPORTS OR CONVENTION FACILITY LICENSE FOR PEAR ONE INC. DBA ROASTED PEAR TO SERVE ALCOHOL AT THE EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve a Sports or Convention Facility License for Pear One, Inc. DBA Roasted Pear to serve alcohol at the Eagan Community Center, 1501 Central Parkway. FACTS: ➢ The City Council selected Roasted Pear as the exclusive alcohol vendor for rentals at the Eagan Community Center. ➢ A Sports or Convention Facility License allows restaurants with an on -sale liquor license from Eagan or an adjacent community to sell or serve alcohol at a City facility. ➢ 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.) 347 Agenda Information Memo March 20, 2012, Eagan City Council Meeting Q. APPROVE EXEMPT PERMIT FOR RED PINE PARENT TEACHER ORGANIZATION TO HOLD A RAFFLE ON MAY 3, 2012 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Red Pine Parent Teacher Organization to conduct a raffle on May 3, 2012 at Red Pine Elementary, 530 Red Pine Lane. FACTS: ➢ The Red Pine Parent Teacher Organization 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 3 (The application is available from the Office of the City Clerk.) 37 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT RED PINE PARENT TEACHER ORGANIZATION WHERAS, the Red Pine Parent Teacher Organization has applied for an Exempt Permit to conduct a raffle on May 3, 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 Red Pine Parent Teacher Organization to conduct a raffle on May 3, 2012 at 530 Red Pine Lane. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in favor: Those against: Date: March 20, 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 20 day of March, 2012. City Clerk 3'e Agenda Information Memo March 20, 2012 City Council Meeting CONSENT AGENDA: R: REJECT all bids for Eagan Contract 12 -08 Conduit/Fiber Installation and AUTHORIZE re- issuing of RFP ACTION TO BE CONSIDERED: Reject all bids for City of Eagan Contract 12 -08 conduit/fiber installation and authorize re- issuing of RFP. FACTS: • The City received bid documents from eight contractors for the Open Fiber and Conduit Project, Phase 2. • Four of the eight responding contractors failed to acknowledge that they had received the latest addendum of March 6, 2012. • To make sure the City receives the best qualified proposal, the City Attorney's office has advised that it would be in the City's best interest to reject all bids and re -issue the RFP. • While the re- issuance of the RFP will postpone the starting date of the Open Conduit/Fiber Phase 2 project by a few weeks, it will not delay the Phase 1 project. Agenda Memo March 20, 2012 City Council Meeting S. APPROVE the City of Eagan becoming a supporting member of the Twin Cities Obesity Prevention Coalition and APPROVE a Resolution declaring the City of Eagan to be a healthy eating and active living community ACTION TO BE CONSIDERED: Approve the City of Eagan becoming a supporting member of the Twin Cities Obesity Prevention Coalition. Approve a Resolution declaring the City of Eagan to be a healthy eating and active living community and direct the Advisory Parks Commission to use the points of the Resolution in the development of their 2012 -2013 work plan. FACTS: • The Mayor was contacted by members of the Twin Cities Obesity Prevention Coalition regarding the possibility of Eagan considering adoption of a "Healthy Community Resolution ". The Mayor, Administrator Hedges and Parks and Recreation Director Johnson subsequently met with four representatives from this coalition to learn more about this initiative. • The Twin Cities Obesity Prevention Coalition is supported by the Twin Cities Medical Society, individual physicians, the American Heart Association, the American Diabetes Association, Bloomington Public Health, the American Cancer Society and others. • No other Minnesota city has adopted a "Healthy Community Resolution" however, examples are available from communities in other states. The coalition describes the impact of a City passing a resolution as follows: "passage by a city council demonstrates a commitment by the city to get engaged in trying to reduce obesity and its impacts on the community." • Many of the common programs and initiatives for preventing obesity have been addressed through city activities with the Dakota County Active Living initiative, Dakota County's use of Statewide Health Improvement program and Eagan parks, trails and community recreation programs. These efforts could potentially be highlighted through partnership with the Obesity Prevention Coalition, although no formal benchmarking or recognition program is currently available. • There would be little to no additional cost in terms of staff time since many of these programs and activities are currently in place as part of general parks and recreation services. • At their July 19, 2011 listening session the City Council directed this item to the Advisory Parks Commission for research and recommendation. • The APrC held a workshop in October 2011 to discuss this issue and at their January 5, 2012 meeting they made the following recommendations to the City Council: o Recommend that the City of Eagan become a supporting member of the Twin Cities Obesity Prevention Coalition. o Recommend that the City Council approve the Resolution declaring the City of Eagan to be a healthy eating and active living community as presented. o Recommend that the Advisory Parks Commission use the points in the Resolution to develop a work plan for 2011 -2012. • At their February 8 listening session the City Council asked that this item be brought to the March 13 Council workshop. • At their March 13 workshop the City Council reviewed and recommended modifications to the Resolution. Those changes have been made and the revised Resolution is being presented for Council consideration. • Should the Council approve the Resolution as presented it would be appropriate to direct the Advisory Parks Commission to move forward with incorporating the points of the Resolution into the development of their 2012 -2013 work plan. ATTACHMENTS: • Copy of Resolution on pages ‘7 to J 4. '4 1 CITY OF EAGAN A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY OF EAGAN TO BE A HEALTHY EATING AND ACTIVE LIVING COMMUNITY WHEREAS, lack of physical activity and unhealthy eating patterns are a major cause of overweight and obesity; and WHEREAS, obesity is recognized as a public health epidemic that calls for preventative actions by local communities to reduce this threat to community health, well -being and prosperity; and WHEREAS, the City of Eagan has an interest to preserve, promote and improve the health of its citizens by taking active steps to increase healthy eating and active living within its jurisdiction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan hereby declares that the City will seek opportunities and establish mechanisms to support individual, community and environmental efforts to improve the public's health by encouraging the development and implementation of policies and practices that support and promote healthy eating and active living among citizens in the City of Eagan, as set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, working in cooperation with citizens and businesses, will support and promote healthy eating and active living among its citizens through adoption of this Healthy Eating and Active Living Community Resolution and the policies and practices described herein: SECTION 1. ACKNOWLEDGEMENT OF CURRENT PRACTICES BE IT FURTHER RESOLVED that the City Council acknowledges that the City of Eagan has established a high quality of life for its citizens in the community and currently provides a variety of options (e.g. facilities, parks, trails, programs, services, events, etc.) for people of all ages to lead a healthy lifestyle. The intent of this adopted resolution is for the City Council to advocate for the continued sustainability of existing offerings while at the same time recognizing the need to investigate additional policies and practices to be considered for implementation; examples of which are set forth in the following sections. SECTION 2. COMPREHENSIVE PLAN BE IT FURTHER RESOLVED that the City of Eagan will review its Comprehensive Plan 2030 to: • Consider adding supplemental healthy eating goals to complement the active living goals therein, with regard to disparities in citizens' access to healthy foods. SECTION 3. BUILT ENVIRONMENT BE IT FURTHER RESOLVED that the City Council encourages applicable Advisory Parks and Recreation Commission members and City of Eagan employees, including planners, engineers, administrators, and others within the departments of Administration, Parks and Recreation, Planning and Zoning, Public Works, and any other departments deemed appropriate to: • Include dedicated green space in all new housing developments 1 Tg) • Develop and maintain a cohesive system of parks and trails, incorporating accessible neighborhood parks • Establish processes to assess and improve existing local active living infrastructures • Implement and monitor a complete streets policy. • Enhance personal and community safety (e.g., traffic, lighting, intersections) to improve access to and use of public routes, trails and other public spaces where people are or could be physically active • Support recreation programs that encourage active living • Ensure that physical activity facilities (park facilities, playgrounds, trails, etc.) are accessible and affordable • Introduce active living issues, such as walkable communities, into public dialogue SECTION 4. PARKS AND RECREATION BE IT FURTHER RESOLVED that the City of Eagan affirms healthy living commitments such as: • Continuation of a joint -use policy to provide community access to school facilities for year -round recreational use; • Develop and implement a healthy vending machine and concessions policy for all city - owned and city- operated concessions in facilities, programs and parks; • Distribute a City of Eagan park and recreation guide to facilitate community access to current or future City amenities including but not limited to City trails, paths, parks, picnic shelters, schools, community centers, environmental learning centers and any other sites or facilities open to the public for recreation purposes, including information about locations, hours of operation, contact information, website information, a calendar of annual community events and listing of available amenities and services (e.g., rentals of space or equipment) • Map trails, paths and other non - motorized routes to maximize community access to parks, centers and open spaces, and share maps with border communities to promote connectivity among and between adjacent communities. SECTION 5. ACCESS TO HEALTHY FOODS BE IT FURTHER RESOLVED that in order to increase access to healthy foods and beverages, the City Council supports efforts to: • Continue development and sustainability of community gardens and farmers' markets; • Inventory unused land owned by the City that could be made available for additional community gardening; • Encourage growth and sustainability of farmers' markets by encouraging use of electronic payment methods for access to and incentives for all licensed farmers' markets in the City; • Identify and take active steps to resolve any public transportation barriers that inhibit community access to full- service grocery stores, supermarkets, corner stores, farmers' markets and community gardens 2 �3 SECTION 6. EMPLOYEE WELLNESS BE IT FURTHER RESOLVED that to increase healthy eating and physical activity in City- operated worksites and serve as a model for other employers, the City Council encourages efforts to investigate: • Development and implementation of a comprehensive employee wellness program that encourages and rewards participation; • Create and promote opportunities for employees to engage in physical activity during the work day (e.g. modifications to workstation to allow for more standing, on -site exercise classes, etc.); • Encourage walking meetings; • Develop and implement a healthy food and beverage policy for City meetings and facilities, including City- operated food and beverage vending machines; and • Designate and make available space for breastfeeding in City facilities. SECTION 7. IMPLEMENTATION BE IT FURTHER RESOLVED that the Advisory Parks and Recreation Commission shall report back to the City of Eagan City Council within one year of the date of this Resolution's adoption and annually thereafter regarding steps taken to implement the Resolution, any additional steps planned and any desired actions that would need to be taken by the City Council or City departments or agencies to further implement steps taken or planned. Adopted by the City Council of the City of Eagan, Minnesota this 20 day of March, 2012. Mayor ATTEST: City Clerk 3 2-p-i Agenda Information Memo March 20, 2012 Eagan City Council Meeting A. PROJECT 1083, BEACON HILL ROAD STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1083, Beacon Hill Road — Storm Sewer Improvements, as presented and authorize the preparation of detailed plans and specifications. FACTS: • On September 6, 2011 the City Council directed staff to prepare a feasibility report considering storm sewer improvements adjacent to Beacon Hill Road, between Cliff Road and Covington Lane. The improvements include the re- grading of the emergency overflows (EOF), or drainage swales, to allow overland drainage to flow between residences on Beacon Hill Road. • Storm sewer improvements were originally constructed in this location under Contract 01 -15 in response to the drainage issues resulting from the July 2000 Super Storm. Since the completion of the July 2000 Storm Improvements, 4663 Beacon Hill Road has flooded as a result of three different subsequent storm events that were much smaller than the July 2000 event. Damage to the interior of the residence has occurred as a result of each event. • The property owner has requested that the City of Eagan construct storm sewer improvements that address the repeated flooding of the residence which would meet the City's standard of protection for a 1% storm event. • On February 21, 2012, the feasibility report for Project 1083 was presented to the City Council and a Public Hearing was scheduled for March 20 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on March 15 for the adjacent property owners to discuss the proposed improvements. Of the 6 total properties (all single - family) adjacent to this improvement, 4 residents representing 3 properties attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: / / • Feasibility Report, pages`` 4 through �,^� • Feasibility Report Comments from Resident at 4663 Beacon Hill Road, page 7 0 • Informational Meeting Minutes /Response to Resident's Comments, pages l t through • 41 000 C ity 0 f E a all Report for Beacon Hill Road Storm Sewer Improvements City Project No. 1083 February 2012 c 4 110. 1 0 f E a ail February 16, 2012 Mike Maguire Mayor Honorable Mayor and City Council City of Eagan Paul Bakken 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Gary Hansen Re: Beacon Hill Road Storm Sewer Improvements Meg Tilley City Project No. 1083 Council Members Dear Mayor and City Council: Thomas Hedges City Administrator Attached is our draft report for the Beacon Hill'Road Storm Sewer Improvements, City Project No. 1083. The report presents and discusses the proposed improvements and includes a cost estimate and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Municipal Center Sincerely, 3830 Pilot Knob Road Eagan, MN 551 22 -1 81 0 651.675.5000 phone 651.675.5012 fax Ronald B. Leaf, P 651.454.8535 TDD Project Manager Short Elliott Hendrickson Inc. I hereby certify that this report was prepared by me or under Maintenance Facility • my direct supervision and that I am a duly Licensed Professional 3501 Coachman Point 1 Engineer under the laws of the State of Minnesota. Eagan, MN 55122 651.675.5300 phone Ronald B. Leaf, PE 651.675.5360 fax 651.454.8535 TDD Date: February 16, 2012 Reg. No. 24411 Rev' . p By: www.cityofeagan.com Mr' Dept. of Public W. o s / Date: ` 15,- ( 2 - Reviewed :y: Lt Finance Dept. v r r Date: 3 ` i' -1 2- The Lone Oak Tree The symbol of strength and growth in our community. �]' L [ TABLE OF CONTENTS Page Executive Summary Introduction /History 1 Scope 2 Study Area 3 Hydrologic /Hydraulic Analysis 3 Proposed Improvements 6 Easements /Permits 8 Feasibility and Recommendations 8 Cost Estimate 8 Revenue Source 9 Project Schedule 9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Figures - 1 Location Map - 2 Proposed Drainage System Improvements Appendix C Hydrologic /Hydraulic Modeling Summary Executive Summary Background Project Name Beacon Hill Road Storm Project # 1083 Sewer Improvements Drainage Areas Beacon Hill Road Direct Impacted Area Flooding at 4663 Area, contributing Beacon Hill Road during upstream areas and multiple storm events downstream areas including August 2010 contributing to BLP -4 Storm events. and BLP -57 Absolute Location NW Quarter Section 33, Relative Location 4663 Beacon Hill Road Township 27, Range 23 and adjacent properties to the south and east City, County Eagan, Dakota State Minnesota Project Details Lower overflow swale at 4663 Beacon Hill Road Scope Base (2012) Lower overflow swale downstream of Beacon Hill Lower storm inlet rim elevation in drainage swale Alternate (Future) Install new pipe outlet at 4663 Beacon Hill to BLP -4 Cost Estimate Property City Base — Grading (2012) $0 $29,800 Alternate — Install New Pipe Outlet (Future) $0 $97,200 December 2011 Beacon Hill Road Storm Sewer Improvements Eagan, Minnesota Introduction / History History of Flooding and Improvements - The Beacon Hill Road area has experienced frequent localized flooding events dating back to at least 1995. In response to the drainage issues in this area resulting from the July 2000 Super Storm, the City Council approved Project 823, Beacon Hill Road (North) - Storm Sewer Improvements, on September 4, 2001. Improvements included modifications to storm sewer and the re- grading of the emergency overflows (EOF), or drainage swales, to allow overland drainage to flow between residences on Beacon Hill Road and Kingsbury Drive to address flooding that occurred as a result of the significant storm event. On December 16, 2003, the City Council accepted the public improvements constructed under Contract 01 -15, including the grading and storm sewer improvements for Project 823. Since the completion of the July 2000 Storm Improvements, the residence at 4663 Beacon Hill Road has flooded as a result of several subsequent storm events, two in 2005 and one in 2010. These storm events were all smaller than the July 2000 event. Damage to the interior of the residence has occurred as a result of each event. City staff is unaware of any continued flooding problems for the two other homes that were impacted by the July 2000 Storm. After the most recent flooding as a result of an August 13, 2010 storm event, the 4663 Beacon Hill Road property owner contacted City staff requesting further assistance. An updated XP -SWMM computer model, to include the July 2000 grading and storm sewer system improvements, was run to verify consistency between observed and projected flood elevations and that analysis indicated that flooding may still occur to a degree greater than anticipated. A cursory review of additional improvements options produced only options that were limited in apparent benefit. Field survey measurements were also obtained to verify existing conditions. These measurements revealed almost a % -foot discrepancy between field survey and the July Beacon Hill Road Storm Sewer Improvements vV 1 2000 design EOF elevations. Modeling was not updated to reflect the field survey measurements at that time. 1 4 %'. ;fly "-'''' ; / \ ' Sy • . P i' S -.." ' .•fit t f, . r• The property owner at 4663 Beacon Hill Road has requested that the City construct storm sewer improvements that address the repeated flooding of the residence which would meet the City's standard of protection for a 1% (100 year) storm event. Based upon the repeated flooding of this residence, staff recommended a more in depth analysis that would extend beyond the affected property into the adjacent neighborhoods. City Council subsequently authorized the preparation of this Feasibility Report by Short- Elliott- Hendrickson Inc. (SEH) to refine the scope, cost, schedule and method of financing the construction of the necessary storm drainage improvements. Scope This project would provide storm water drainage improvements in the Beacon Hill Road area that has experienced frequent localized flooding in the past and most recently during the storm events of August 2010. The project area is illustrated in Figure 2. Improvements are proposed in two options. The Base option includes grading a drainage swale with an under drain system from the backyard at 4663 Beacon Hill Road to the street catch basins and between Beacon Hill Road and Kingsbury Drive. The swale will effectively lower the overflow elevations along the drainage easements to be closer to the existing curb elevations. Beacon Hill Road Storm Sewer Improvements Jam) 2 The Alternate option includes installing additional storm sewer capacity from the low point at 4663 Beacon Hill Road, south along Beacon Hill Road to Pond BLP -4 (which is located south of Covington Lane). The schedule for the Alternate work would coincide with street reconstruction work on Beacon Hill Road, which is currently projected at more than ten years in the future. Study Area The project area includes the storm water conveyance system running through the Beacon Hill Road neighborhood, which lies within the NW %, Section 33, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. For modeling accuracy, general hydraulic and hydrologic information was included for the entire storm water conveyance system from the upstream Johnny Cake Ridge Addition neighborhood to the downstream intersection of Covington Court and Covington Lane, and Pond BLP -57. • r rte_ Hydrologic / Hydraulic Analysis The overall analysis included reviewing the previous studies and implementation project completed for the area, conducting a site visit of the area, meeting with the resident at 4663 Beacon Hill Road and completion of additional hydrologic /hydraulic modeling of the drainage system. The focus of the work was on evaluating the existing system and exploring Beacon Hill Road Storm Sewer Improvements 5 3 improvement options using the modeling work previously completed as a starting point. The following paragraph described the range of improvement alternatives we evaluated. Base Model - The hydrologic /hydraulic (H /H) analysis utilized an existing XP -SWMM model created after the August 2010 storm events as a starting point. It was assumed that the model's H/H information for the areas located outside the Beacon Hill project area was accurate and correctly represented. The model provided by another consulting firm at the request of the City of Eagan was modified in this analysis to reflect current conditions and include additional detail. The updates produced a Base Model from which different scenarios were looked at to determine the best solutions for the recurring flooding issues. A summary of the modifications made to create the Base Model is as follows: • Added conduit factors to storm sewer. • Increased capacity of nodes (low /storage areas) and overland flows where needed to capture lost drainage. • Updated backyard elevations in the Beacon Hill neighborhood to reflect the City of Eagan survey information. • Updated Convington Lane and Convington Court intersection information to reflect updates made during the July 2000 Storm Mitigation Improvement, Storm Sewer Improvements — Beacon Hill (Pond BLP -57 /Covington Ct) project (City contract No. 01 -15, City project No. 824). • Separated large drainage area, draining to the Convington Lane and Convington Court intersection, into six (6) smaller sub - catchments, draining to multiple catch basins along Kingsbury Drive and Covington Lane. • Eliminated modeling downstream of Pond BLP -57, which increased the efficiency of the model and had negligible impacts to the Beacon Hill neighborhood. • Eliminated Pond BLP -4 and everything upstream of BLP -4, which increased the efficiency of the model and had negligible impacts to the Beacon Hill neighborhood. The Base Model was analyzed for three extreme event rainfall conditions including: the 1% (100 year) storm event; the actual 2010 August 13 storm events; and a major 12 -inch, 24- Beacon Hill Road Storm Sewer Improvements S3 4 hour storm event. Rain data for the 2010 August 13 storm events was obtained from the Weather Underground website (www.wunderground.com) at a weather station located within the City of Eagan. Results from the Base Model analysis indicate that during all three events, water levels would reach an elevation which causes flooding at the 4663 Beacon Hill Road residences as observed over the past years. A summary of the modeling results for the Base Model and selected improvement options is provided in Table 1. More detailed modeling results are provided in Appendix C. Modeled Options - The hydrologic /hydraulic (H /H) analysis included the modeling of multiple scenarios to obtain an understanding of how the Beacon Hill storm water conveyance system functions and how it reacts to different changes within the system. These scenarios were condensed into eight (8) different options. Each option was analyzed for the same three extreme rainfall events as the Base Model described above. The eight options included a combination of surface drainage swale grading, installing additional storm pipe capacity, and combination options of grading and pipes. Table 1. Summary of Base Model and Improvement Option Results Notes: Peak Elevations - Backyard at 4663 Beacon Hill Road 4663 Beacon Hill Sliding Door Elevation = 933.67 Bold /Shaded 1% (100 -year) August 2010 12 -inch, 24- boxes indicate elevation above 933.67 Event Events hour Event B (Base Model) — Previous consultant model with ' s 73 j 75 t W • • added detail and updates. 933 73 : 933 75 k� 934 x G3 (Lower Overflow Model) — Lower backyard EOFs to existing curb elevations. 932.83 932.84 933.13 ( Pipe) — pipe from P1 24" Added Outlet Pipe Add 24" 933.38 933.46 4663 backyard, south to Pond BLP 4. �339y G3 & P1 (Lower Overflow w/ Added 24" Pipe) - Lower 932.66 932.68 933.02 backyard EOFs and add 24" pipe to Pond BLP 4. Beacon Hill Road Storm Sewer Improvements 59 5 Detail descriptions and results located in Appendix C also include peak elevation results for the Covington Lane and Covington Court intersection. The results at this intersection are based on a number of assumptions about the upstream and downstream H/H information and are provided to show a general relationship between the proposed options and the water elevation at the intersection. The grading only options show a slight increase in the peak water surface elevation at the intersection. Although the model shows a minimal increase, this relationship is worth noting to understand the potential for shifting the drainage issue downstream. This should be evaluated further during subsequent design stages for the Base Improvements. Proposed Improvements Improvements outlined in this report are recommended to be constructed as one or two options to make them economically feasible, while providing immediate and long -term benefit to the existing drainage conditions at and adjacent to 4663 Beacon Hill Road. The Base improvements are recommended to be performed in the spring to early summer of 2012 and generally consist of grading improvements to lower the existing emergency overflow (EOF's) in the side yard drainage swales. The improvements would lower the EOF from the current elevations located between the existing backyards and the roads, closer to the existing curb locations /elevations. Base improvements are identified as Items 1 -4 as shown in Figure 2 (Appendix B). The first area of work for the Base improvement is located in the swale adjacent to 4663 Beacon Hill Road and consists of grading the swale to have positive drainage from the existing catch basin located at the rear corner of the property out to the existing curb line located along Beacon Hill Road. The second area of work for the Base improvements is located in the side yard swale between Beacon Hill Road and Kingsbury Drive and consists of grading the swale to provide positive drainage to the east. Due to the slight drop in existing elevation between Beacon Hill Road and Kingsbury Drive, the effective swale grade will be minimal and essentially will result in a flat swale. This condition has the potential to create a situation where the side yards stay wet Beacon Hill Road Storm Sewer Improvements SS— 6 for extended periods making it difficult to mow or maintain. Therefore, the Base improvements include a section of perforated drain tile that will be installed underneath the swale to facilitate drainage and filtration of residual storm water that might otherwise create a nuisance wet lawn condition in the swales. The existing catch basin casting located between Beacon Hill and Kingsbury will also need to be lowered to match the grading improvements to this swale. • L Y i �1 e., The Alternate improvements are more cost intensive and generally consists of routing 24 -inch storm sewer to convey excess storm water surcharge from 4663 Beacon Hill Road to the existing storm water pond (BLP -4) located south of Covington Lane. Due, in part, to the potential cost of these storm sewer improvements as a stand -alone project, it is recommended that the Alternate improvements be constructed with future street reconstruction work along Beacon Hill Road, if completed at all. This approach will minimize overall construction and restoration costs. The Alternate improvements are identified as Item 5 as shown on Figure 2 (Appendix B). Beacon Hill Road Storm Sewer Improvements 54 7 Easements / Permits All work proposed under the Base improvements for implementation in 2012 would be in the public right -of -way and existing drainage easements. Temporary easements would be necessary for right of entry from the adjacent property owners to allow equipment to operate outside of the easements during construction. The project is not expected to trigger any permit thresholds, although the contractor will be required to follow best practices for erosion and sediment control during construction. Feasibility and Recommendations The project is necessary to provide drainage relief to the residence at 4663 Beacon Hill Road in an effort to eliminate the occurrence of flooding in the lowest level of that structure. The project is cost effective if the Base improvements outlined in this report are implemented immediately and the Alternate improvements are considered with future street reconstruction work along Beacon Hill Road. The Base improvements also provide the best cost to benefit ratio while providing immediate drainage relief for 4663 Beacon Hill Road. It is recommended that the project be constructed as proposed in this report. Cost Estimate Detailed cost estimates for Base and Alternate improvements are located in Appendix A. The estimates are based on anticipated 2012 construction costs and include a 10% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Beacon Hill Road Storm Sewer Improvements • Base — Swale Grading (2012) $ 29,800 • Alternate — Pipe Extension to BLP -4 (Future) $ 97,200 Total 2012 Base Improvements $ 29,800 Beacon Hill Road Storm Sewer Improvements 8 Revenue Source A summary of revenue sources is listed below: Project t Assessments Contribution City Base — Swale Grading $ 29,800 $0 $ 29,800 Alternate — Pipe Extension to BLP -4 $ 97,200 $0 $ 97,200 Totals (2012 Base Improvements) $ 29,800 $0 $ 29,800 The City's Trunk Utility Fund will finance the project. No assessments are proposed to be levied against adjacent properties for the Base Improvements. Project Schedule Present Feasibility Report to City Council February 21, 2012 Public Hearing (Base Improvements) March 20, 2012 Approve Base Improvements Plans and Specifications April 2012 Award Contract May 2012 Project Completion July 2012 Final Base Improvements Cost Report August 2012 Alternate Improvements As Determined if Needed with Future Street Reconstruction Beacon Hill Road Storm Sewer Improvements Sg 9 Appendix A Preliminary Cost Estimate City Project 1083 Beacon Hill Road Storm Sewer Improvements Item No. Item Unit Unit Price Est Qty Estimated Cost Base Improvements - Drainage Swale Grading 2021.501 Mobilization LS $ 5,000.00 1 $ 5,000.00 2105.603 Site Grading CY $ 10.00 85 $ 850.00 2105.501 Trench Excavation CY $ 15.00 68 $ 1,020.00 2451.513 Course Filter Aggregate /Sand CY $ 35.00 68 $ 2,380.00 2105.604 Geotextile Fabric SY $ 3.00 154 $ 462.00 2502.541 Perforated Drain Tile LF $ 10.00 460 $ 4,600.00 2506.602 Cleanout EA $ 250.00 2 $ 500.00 2506.602 Core Drill into Existing Structure EA $ 500.00 5 $ 2,500.00 2506.602 Lower Existing Storm Casting EA $ 500.00 1 $ 500.00 2575.560 Turf Establishment LS $ 1,500.00 1 $ 1,500.00 2575.000 Erosion and Sediment Control LS $ 1,500.00 1 $ 1,500.00 Subtotal $ 20,812.00 10% Contingency $ 2,081.20 Subtototal $ 22,893.20 30% Indirect Cost $ 6,867.96 Base Improvements - Drainage Swale Grading $ 29,800.00 Item No. Item Unit Unit Price Est Qty Estimated Cost Alternate Improvements - Install Storm Sewer 2021.501 Mobilization LS $ 5,000.00 1 $ 5,000.00 2101.500 Clear and Grub LS $ 3,000.00 1 $ 3,000.00 2501.500 24" RC Pipe Sewer LF $ 45.00 1100 $ 49,500.00 2506.500 Catch Basin EA $ 1,000.00 6 $ 6,000.00 2501.500 24" RC Apron EA $ 1,200.00 1 $ 1,200.00 2511.500 Outlet Protection CY $ 90.00 20 $ 1,800.00 2575.560 Turf Establishment LS $ 1,500.00 1 $ 1,500.00 Subtotal $ 68,000.00 10% Contingency $ 6,800.00 Subtototal $ 74,800.00 30% Indirect Cost $ 22,440.00 Alternate Improvements - Install Storm Sewer $ 97,200.00 Project 1083 Total Cost (2012 Improvements) $ 29,800.00 1 2/16/2012 100 i i r I. v L o '..... 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PAUL, MN 55110 Beacon Hill Road PHONE: (651)4942000 Map by: SrH Figure FAX: (888) 908 Project. EAGAN 118003 166 Projection: UTM, Zone 15, NAD 83, m Site Location Map Storm Sewer Impovements SEH TF: (800) 325 -2055 www.sehinc.com Source a nd SEH Inc. 7.5 Min. Tapo, MnDOT, City Project #1083 OT, and Eagan, Minnesota This maple neither • legally recorded map nor a survey map and is rot Intended to M used as one. This map Is a compilation of records. Information, and data gathered from various sources listed on this map and is to be used for reference purposes Doty. SEH does not warrant that the Geographic Information System (GIS) Data used to prepare are error free, and SEH does not represent that Me GIS Data cen be used for na tracking. or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this map aolmowledgea That SEH shall not be !lade for any damages which arise out of the users access or use of data provided. '. • j �- F} `. { j r t ��= �i i ce_ s .. � J � ' `L., U. 4 75 150 0 #466 0 T v ��f '>: r r. ' • } __________..._i__:, 'mil W _. ` ._ •, ,' €, © t i r -CATCHBASIN112 �g • w AT BASIN.116 rt � � ESTIMATED 1 i BACK OF CURB Y OP BASTING - +� ELEV = 930.74 z EL V =932.14 -. '_ S` ' w ° #\TCH BASIN 114 i11 o" O C BACK OF CURB _ r cn r (2 ELE446. 931 00 ��t ,.� i CATCH BASIN 115.. '' _ -, , ^-, BACK OF G.4JRB CATCH BASIN 105 , -.� ELEV = 931.14 m 1 PROROSED r 0 TOP OF'C�STING ' COVINGTON LANE VA — a.• ELEV = 930.80 o l p , m / w., p p ' y LOT l l jL (T1'P.) Q �7 11 to • E XISTING 1/, f N STORM WER < s_ ii I (TYP.) 4; r a o • s, i , 1 10 . .� w gym, `. �,.. 0 ',.. N o I , , - P ' ,. 7 1 °' �` C ANE J - + ' o Z C pV ING�O ' °f L, / ri REMOVE EXISTING 932.97 HIGH POINT - ' Lu GRADE BACK YARD FROM CATCH BASIN TO CURB / - 0.69% SLOPE WITH ADDED DRAIN TILE O V a ' // ;_ © REMOVE EXISTING 932.43 HIGH POINT z j GRADE BACK YARD FROM BACK OF CURB TO CATCH BASIN - w // 0.11% SLOPE WITH ADDED DRAIN TILE 0 , • • LL / L CATCH BASIN INLET 4 > I _ / © EXISTING ELEVATION = 931.00 v w / PROPOSED ELEVATION = 930.80 / 1 A REMOVE EXISTING 932.00 HIGH POINT GRADE BACK YARD FROM CATCH BASIN TO BACK OF CURB a 0.11% SLOPE WITH ADDED DRAIN TILE r-- E I © ROUTE 24" OVERFLOW PIPE TO BLP -4 Ni J N J i J o BACK YARD DRAINAGE AND DRAIN TILE GENERAL DETAIL I w o 2 0 A \ TOPSOIL WITH SOD �' m N Iw ., 8 ° ; n ° n ' D. n ' ° COURSE FILTER AGGREGATE/SANDI N O • a ° n ' +— 14" PERFORATED DRAINTILEI 11 ; � 1 \ � GEOTEXTILE FABRIC' Y 1 _ , rt. Jj FIGURE 2 /� PROPOSED DRAINAGE SYSTEM IMPROVEMENTS SEH (j , PROJECT 1083 - EAGAN, MINNESOTA APPENDIX C HYDROLOGIC /HYDRAULIC MODELING SUMMARY MODEL RESULTS SUMMARY TABLES The four Model Summary Tables included in Appendix C provide a summary of the results at key hydraulic locations and for the three modeled storm events in the Beacon Hill Road Area drainage system. The summary tables include: • Peak Elevations for the modeled options at 4663 Beacon Hill Road and downstream at the intersection of Covington Lane and Covington Court. • Elevation Increase (depth of ponding) above the elevation of the respective catch basin inlet at 4663 Beacon Hill Road and downstream at the intersection of Covington Lane and Covington Court . • Elevation increase (depth above) the patio sliding door elevation at 4663 Beacon Hill Road. The elevations for the Covington intersection are the same as in the previous table. • Elevation difference between the results and SEH Base Model. The results represent the relative change in elevation of the peak water level at each location. MODEL SUMMARY DESCRIPTIONS Bonestroo Base Model — This model represents the original XP -SWMM model obtained from Bonestroo. This was the basis for the previous studies completed in the area. SEH Base Model (B) — This model represent modifications SEH made to the Bonestroo Base Model. Additional detail was added in areas where new information was available including survey data of the as -built conditions. In addition, some changes to hydrologic input parameters were made to better reflect our opinion of the drainage system conditions. These changes were made based on our review of the system mapping and field review by SEH staff. SEH Plan Model (G1) — The main change from the SEH Base Model was to update the overflow elevations that were shown in plans for City Project No. 823. Note that this model showed lower overflow elevations in some areas than what was found in field surveys (SEH Base Model). SEH Backyard Overflow Model (G2) — The only change from the SEH Plan Model was to lower the elevation of the swale between the backyard at 4663 Beacon Hill from current conditions to allow the backyard to drain to road instead of ponding at the catch basin /beehive in the backyard of the adjacent property. to- SEH Lower Overflow Model (G3) — The only change from the SEH Backyard Overflow Model was to lower the elevation of the swale between Beacon Hill Road and Kingsbury Drive from current conditions to allow the overflow from the catch basins in Beacon Hill to flow east to Kingsbury Drive. The high point overflow elevation was set at the curb elevation in Beacon Hill Road. The model does not include the function of perforated drain tile system that is recommended to reduce the potential for nuisance wet conditions as described in the Feasibility Report. SEH 24" Added Overflow Pipe (P1) — The main change from the SEH Base Model was to create a new 24 -inch pipe outlet along Beacon Hill Road to the south into Pond BLP -4. The option was originally evaluated as a potential horizontal directional drilling project through the backyards. In effect, the exact route and method installing the pipe are not critical for evaluating the results of the model runs. SEH 36" Added Overflow Pipe (P2) — The main change from the SEH Added 24" Model was to create a new 36 -inch pipe outlet along Beacon Hill Road to the south into Pond BLP -4 to evaluate how sensitive to pipe size /capacity this option would be. SEH Backyard Overflow with 24" Overflow Pipe to BLP -4 (G2 & P1) — The model represents the combined improvements described in options G2 and P1. SEH Backyard Overflow with 36" Overflow Pipe to BLP -4 (G2 & P2) — The model represents the combined improvements described in options G2 and P2. SEH Lower Overflow with 24" Overflow Pipe to BLP -4 (G3 & P1) — The model represents the combined improvements described in options G3 and P1. 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E IN w M m Y m m m m . 0 W W `1 W ca O W N O W 3 c c W> W > W N W W N _ m � . h H u 0C N OC N 0 Y 1A O to O IA m V■ m V O l7 a0 0 0 l 0 7 a a (°. a 0 ° � a 00 Q 3SV8 SNOIldO Al NO 9NIOVa9 SNOIld SNOI1d0 03NI8W0� AINO 3dId 3dId ONV 9NIOV119 (Q9 Comments on Draft Report for Beacon Hill Road Storm Sewer Improvements dated February 2012 Table 1 on page 5 of the report provides a summary of the project improvements. G3 appears to be the recommended plan that removes the 932.97 feet high point elevation in the swale and provides a 0.69% grade from the back yard catch basin to the front yard curb. P1 was another plan explored that added a 24 inch pipe from the backyard south to Pond BLP 4. There exists an alternate plan that combines plans G3 and P1. For the recommended plan G3, the resulting elevations at the sliding door (elevation 933.67) of the house were 932.83 feet for the 1% storm event, 932.84 feet for the August 2010 event, and 933.13 feet for the 12 inch 24 -hour storm. Therefore, the recommended plan allows for freeboard of only 0.84 feet for the 1% event, 0.83 feet for 2010 event and 0.54 feet for 12 inch 24 -hr event. The alternate plan (combined G3 and P1) provides about an additional 0.15 +1- feet of freeboard for all 3 events. Storm sewers within the City of Eagan are to accommodate flows associated with rainfall event probabilities up to and including 10% with no allowance for ponding of flood waters. For rainfall events that exceed those of a 10% probability, flows are to be accommodated through the combination of storm sewers and storage of flood waters in designated drainage ditches and storm water ponds; such, that for a 1% probability rainfall event, a minimum of 3 feet of freeboard is provided from the high water elevation to the lowest structure elevation. According to the City's Comprehensive Storm Water Management Plan, "the city will provide for overflow routes to drain low points along streets or lot lines to ensure a freeboard of 3 feet from the lowest exposed structure elevation and the calculated 100 -year storm High Water Level" Neither the recommended plan G3 nor the alternate plan (G3 & P1) provides the required 3 feet of freeboard. Hydrologic computer model XP -SWMM was utilized to develop the computed elevations for the 3 storm events for which historic rainfall values were input for the August 2010 storm event. Was the model actually calibrated to known August 2010 high water marks at the 4663 Beacon Hill Road address? In the absence of a calibrated model, what is the expected reliability of the calculated 1% storm project condition 932.83 feet elevation which provides only 0.84 feet of freeboard to the low structure elevation? Where does the 4" drain tile exit? Removing the high point in the swale and adding the 4" drain tile should provide more flow capacity through that easement. How does this impact the already insufficient catch basin capacity of CB115? How does the recommended plan G3 address the insufficient drainage capacity of the catch basin located in the back yard? The alternate plan (G3 & P1) provides a calculated additional 0.17 feet (or total 1.01 feet) of freeboard for the 1% storm event. However, this future plan is not likely to be implemented for at least 10 years and may possibly never happen at all. • 70 BEACON HILL ROAD Storm Sewer Improvements City Project No. 1083 Informational Meeting — 6:00 p.m. Thursday, March 15, 2012 4663 Beacon Hill Road Attendance Russ Matthys, City Engineer; Chad Setterholm, Consultant (SEH); 4 residents representing 3 single - family properties (see attached sign -in sheet). Presentation of Project Details Matthys welcomed the residents and, together with Setterholm, presented project information, including past public improvement history, proposed construction details and schedule. Questions/ Comments 1. Isn't the City required to meet their own criteria for 3 feet of freeboard above the 100 year (1 %) storm event for this improvement? The base design only provides 0.84 feet for my house (4663 Beacon Hill Road). The referenced criteria is from the current update of the City's Storm Water Management Plan. The construction of your house pre -dates this criteria. Your house would not be permitted to be constructed as a walkout today. 2. The City paid to have other homes flooded by the July 2000 Storm to convert a walkout to a lookout, why not my house (4663 Beacon Hill Road)? The City did do that in at least one location with even more work being done at a few others; change from walkout to full basement. There were different levels of need for flood protection on homes that flooded. I believe such improvements were only completed for Category 1 homes that did not meet the City's standard for flood protection in a 1% storm event. Your house was in the middle of Category 2, homes that met the City's standard for protection in a 1% storm event, but did not meet the current freeboard criteria. In each of the cases where improvements were made, the houses were purchased by the City, improvements made, and the houses were sold on the open market. 3. Why not buy my house (4663 Beacon Hill Road) then? I don't think it would meet the • criteria used previously. 4. How much lower will the swale be in my backyard (4663 Beacon Hill Road)? Likely about one foot, at the most. That would typically be fully determined with final plan design. However, the consultant will determine the changes based upon the current field survey shots we have and the proposed design and we will share that information with you on Friday or Monday. (Replied to resident that swale will be lowered a maximum of one foot) 5. Why does any grading need to be done between Beacon Hill Road and Kingsbury Drive? The current grading of the swale between these two streets primarily directs water to two main points; back to Beacon Hill Road and to a catch basin in the swale. Kingsbury 1l Drive is lower than Beacon Hill Road, so we plan to have all of the drainage directed towards Kingsbury Drive. Much of it will still go into the catch basin, but in larger storm events, this will provide additional relief to flooding that currently occurs in Beacon Hill Road and impacts the flood elevation at 4663 Beacon Hill Road. 6. Can you lower the catch basin in my back yard that is adjacent to the swale since it doesn't really function due to the dirt around it settling? Yes, we can include this as part of the project since it is directly adjacent to the swale and would help reduce the flow within the swale. Questions /Comments from Resident's Review of Feasibility Report 1. Freeboard - Addressed in response to Question 1 above. 2. Expected reliability of hydrologic computer model - I don't believe any other house in the City has been analyzed to the level of detail that 4663 Beacon Hill Road has been regarding storm water. We have used the flood elevation data that the resident has provided us and field verified by staff for the August 13, 2010 storm event as well as rainfall data for said storm in 15 minute intervals. The model has replicated the flood levels to within 4 inches. There are variables such as possible blockage (partial or complete) of catch basins, restricted flows within storm sewer, etc. that could be causing the difference. I am comfortable with the level of accuracy. 3. 4" drain tile - Drain tile will be connected to downstream catch basins along the swale. 4. Drainage capacity of backyard catch basin - Improvements do not alter the capacity of the storm sewer at this point, but provide for overflow relief with regrading of swale. The meeting adjourned at 7:20 p.m. Agenda Information Memo March 20, 2012, Eagan City Council Meeting VI. OLD BUSINESS A. PRELIMINARY SUBDIVISION AND PLANNED DEVELOPMENT AMENDMENT — CEDAR VALLEY CHURCH ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), Preliminary Subdivision (Cedar Valley Addition) to create two lots upon property located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of Findings of Fact for Denial), Planned Development Amendment to allow a second building upon property located at 2024 Rahn Way, legally described as lot 1, Block 1, Rahn Ridge, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: ➢ Preliminary Subdivision - Majority of Councilmembers present ➢ Planned Development Amendment - At least 3 votes * New information is in bold. FACTS: ➢ This item was before the Council on February 21, 2012 and was continued to the March 20, 2012 meeting. ➢ The property is part of the Mission Hills South Planned Development and was platted in 1985. A church was constructed on the northwest portion of the site in 1986. Public street access is provided from Rahn Way to the north, and to Rahncliff Road to the east via private easement across adjacent private property. ➢ The Planned Development for the church contemplated a full build -out of the property with a larger church complex than exists today. ➢ A 30' easement for the berm and landscaping installed in 1999 lies along the south and southeast boundaries of the site. ➢ A 1999 Planned Development Amendment to add a child daycare to the church is documented in a Final Planned Development Agreement for the church and daycare. ➢ The current proposal is to subdivide the property into two lots to allow the existing church to be sold on a smaller parcel of land, and provide for future development of the vacant southern portion of the site. ➢ Additional right -of -way for the westerly extension of Rahn Way will be dedicated with the plat, and cross easements for ingress /egress and parking will also be provided. ➢ No new development is proposed at this time. — 1 3 ➢ Construction of utilities to serve future development of Lot 2 should be provided at this time. ISSUES: D At the APC meeting, the applicant asked if construction of the utilities could be done at the time of development for the newly created parcel. D City staff explained the rationale for requiring utility work to be done in association with the subdivision, which is summarized in the APC minutes. D The City Attorney explained the request was a policy question for the City Council. > The applicant does wish to proceed with the Preliminary Subdivision at this time, and will accept the conditions of approval, understanding that they are not obligated to the extension of utilities, creation of easements and other conditions until the time of Final Subdivision. AGENCY ACTION DEADLINE: D PD Amendment = 60 days waived D Preliminary Subdivision = May 4, 2012 (120 days) ATTACHMENTS: (4) Location Map on page 75I February 21, 2012, City Council minutes, page t p January 24, 2012, APC minutes, pages through I Mb Planning Report, pages'. through -- 1 IF 1 i Location Map :111..1 �tI ®.�1 ' ® • � � A ®® ® ®e ®t®a1®i MUM ® ® ® ® d� ®® C ° ®��� ��� fi r% ®� ' �4o�► itialt, ®'a ®1�I1 g�i i1111m asi es� ®�l" I. ..11111....118 9g V.. ; 1�i7� .. oe� ® �Im Imo pfrkme4i 3. r � , ■® ®1111 INN NE ENE ® ®. '�° �.•f J � , Iil�X6 :1 f.�Il 1 '' R . eado wIan Park' m� ■■ ■ ® ®o ®®®®vi ■■ ■m■ ■mmmt� 1®i1®11 ®�o h t •) _ 'i ; s ; I ° �,,n.. 43.:�� Hlg� ne Trail Park \µ ! . tRahn ^ �' �• • �� = n4 r SR � Raf J Athle(ucPark at' ; 1 1�� � a ,,, 4 x '!t. ' - :..gyp C UFF ER , i• L. - ,� • tY D " ea' v 't ' 14' R x li a Cl d .n- X a Map Area Extent o 4 um ®®1 ■1111 ® ®® ®� Rah Park e i®�►® ®. ' d �i . ! $It1II NFAI :. '. 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Subd. & PD Amendment Legend Case Nos.: 31- PA- 10 -12 -11 ,.III ii.ni City Boundary Parcels Val Parks l / � \ s'.40 Buildings N *City >;a an � / -75— City Council Meeting Minutes February 21, 2012 7 page PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION — CEDAR VALLEY ADDITION / CEDAR VALLEY CHURCH City Administrator Hedges introduced the item regarding the preliminary subdivision and planned development for property relating to the Cedar Valley Church property. City Planner Ridley gave a staff report and discussed the request of creating two lots and a second building on property located at 2024 Rahn Way. Randy Hedlund, representing Cedar Valley Church was present and asked questions of the Council and staff regarding the extension of utilities, conveying property, street improvements and platting. He further discussed future desire of the applicant relative to development and subdivision of the property. Director of Public Works Colbert discussed the process for the extension of utilities. There was further discussion by Council regarding public policy issues on platting and state statutes relative to the subdivision of property. Mr. Hedlund agreed that action on the items should be continued to allow more time for him to consult with his client. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue the Planed Development Amendment and Preliminary Subdivision for property located at 2024 Rahn Way, Cedar Valley Church, to the March 20, 2012 regular City Council meeting. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items at this time. ADMINISTRATIVE AGENDA There were no items at this time. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:45 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk 7(� Advisory Planning Commission January 24, 2012 Page 7 of 15 D. Cedar Valley Addition Applicant Name: Cedar Valley Church Location: 2024 Rahn Way; Lot 1, Block 1, Rahn Ridge Application: Planned Development Amendment A Planned Development Amendment to allow a second building. File Number: 31- PA- 10 -12 -11 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 6.5 acres to create 2 lots. File Number: 31- PS- 02 -12 -11 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. Member Dugan inquired about the amount and location of parking. He asked if there would be enough parking for the church once the property is subdivided and platted as requested. Planner Dudziak displayed the map and indicated the location of parking and potential additional parking. She stated the amount of parking should be sufficient for the church. Pastor Roger Lane, Cedar Valley Church, stated the church's preference was to extend the utilities at a later date when development was pending. He stated the church will ensure access to Lot 2 and would prefer to post a Letter of Credit for the future extension of utilities. Assistant City Engineer John Gorder explained that standard conditions require utilities to be constructed at time of subdivision to fully prepare Lot 2 for future development. He further explained that there is no access to the existing utilities serving the church. City Planner Ridley also clarified the purpose for the extension at the time of subdivision is to limit the number of players involved. If the extension were not to occur until after Lot 1 had been sold, there would then be three parties involved and that tends to complicate things. City Attorney Bob Bauer explained that it is standard practice that utilities are extended at time of subdivision. In response to Member Piper's question, Bauer stated the City Council will handle the letter of credit policy question. 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 Jansma seconded a motion to recommend approval of a Preliminary Subdivision (Cedar Valley Addition) to create two lots upon property located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge, subject to the following conditions: 77 Advisory Planning Commission January 24, 2012 Page 8 of 15 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, C1 2. The property shall be platted. 3. Cross easements for driveway access over Lot 1 and benefiting Lot 2, and also for existing parking within Lot 2 that serves Lot 1 shall be provided. The easements shall be in a form acceptable to the City Attorney. 4. This subdivision shall dedicate the public right -of -way needed for the future construction of Rahn Way, in accordance with City engineering standards. 5. A license agreement shall be executed between the property owner and the City allowing the parking within the newly dedicated right -of -way for Rahn Way, and providing for the Lot 1 property owner to remove and relocate the parking (and accommodate associated setbacks) affected by the future construction of Rahn Way. 6. To provide for future development of Lot 2, a storm sewer pipe system shall be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. 7. Extension of new sanitary sewer and water service lines necessary for development of Lot 2 shall be constructed entirely within Lot 2 property boundaries. 8. Trail Dedication may be due with the future development of the site, the form and the amount of any dedication shall be determined at the time of such development. All voted in favor. Motion carried 7 -0. Member Piper moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment to allow a second building upon property located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge, subject to the following conditions: 1. The property shall be platted. 2. Future development of Lot 2 shall be consistent with the PF zoning district. Other uses would require an Amendment to the Planned Development and possibly also to the Comprehensive Guide Plan land use designation. 3. Cross easements for driveway access over Lot 1 and benefitting Lot 2, and also for existing parking within Lot 2 that serves Lot 1 shall be provided. The easements shall be in a form acceptable to the City Attorney. 4. This subdivision shall dedicate the public right -of -way needed for the future construction of Rahn Way, in accordance with City engineering standards. 5. A license agreement shall be executed between the property owner and the City allowing the parking within the newly dedicated right -of -way for Rahn Way, and providing for the Lot 1 property owner to remove and relocate the parking (and accommodate associated setbacks) affected by the future construction of Rahn Way. 6. To provide for future development of Lot 2, a storm sewer pipe system shall be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. 7. Extension of new sanitary sewer and water service lines necessary for development of Lot 2 shall be constructed entirely within Lot 2 property boundaries. 8. Trail Dedication may be due with the future development of the site, the form and the amount of any dedication shall be determined at the time of such development. All voted in favor. Motion carried 7 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 18, 2012 CASE: 31- PA- 10- 12 -11; 13- PS- 02 -12 -11 APPLICANT: Cedar Valley Church HEARING DATE: January 24, 2012 PROPERTY OWNER: Cedar Valley Church APPLICATION DATE: January 5, 2012 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak and Preliminary Planned Development LOCATION: 2024 Rahn Way COMPREHENSIVE PLAN: SA -QP, Special Area, Quasi - Public ZONING: PF, Public Facilities SUMMARY OF REQUEST Cedar Valley Church is proposing a Preliminary Subdivision (Cedar Valley Addition) and Planned Development Amendment to create two lots and allow a second building. The property is located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. -1q Planning Report — Cedar Valley Addition January 24, 2012 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 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. gO Planning Report — Cedar Valley Addition January 24, 2012 Page 3 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 The property is part of the Mission Hills South Planned Development and was platted in 1985. A church was constructed on the property in 1986. The Planned Development for the church contemplated a full build -out of the property with a larger church complex, however, no Final Planned Development Agreement was executed. Berming and landscaping was added along the southern portion of the property with the construction of the adjacent Staybridge Suites hotel in 1999. Also in 1999, a Planned Development Amendment was approved to add a child daycare to the church. This amendment is documented in a Final Planned Development Agreement for the church and daycare. EXISTING CONDITIONS An existing church building is located on the northwestern portion of the site with parking to the north and east. Public street access is provided from Rahn Way to the north, and to Rahncliff Road to the east via private easement across adjacent property. A 30' easement for the berm and landscaping lies along the south and southeast boundaries of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Adult Education PD, Planned SA -RC, Special Area Retail Center (ISD #196) Development Commercial South Residential PD, Planned SA -LD, Special Area - Low Density Twinhomes Development East Office PD, Planned SA -O /S, Special Area - Office /Service Hotel Development SA -RC, Special Area Retail Commercial West Driver's Training PF, Public Facilities QP, Quasi - Public Center 8/ Planning Report — Cedar Valley Addition January 24, 2012 Page 4 EVALUATION OF REQUEST Proposal —Cedar Valley Church no longer occupies the property and is proposing to subdivide this property to allow sale of the existing church building on a smaller parcel of land, and create a second vacant parcel for future development. At this time, a specific user for the vacant parcel has not been identified. Conceptual development plans have been provided to illustrate how the vacant lot could be developed in the future. The current land use designation of this property in the Comprehensive Guide Plan is QP, Quasi - Public. The existing church use is consistent with the PF, Public Facilities, zoning designation. Since a specific user for the vacant lot has not been identified, future development should also be consistent with the PF zoning district. Permitted uses within PF zoning would include permitted uses listed in the City Code -- churches, schools, government buildings, hospitals, public utility structures and equipment and antenna (building mounted or freestanding per City Code requirements for antennae). Other uses would require an amendment to the PD, and possibly also to the Comprehensive Guide Plan land use designation. Compatibility with Surrounding Area — No change to the use of the property is proposed at this time. The berm and landscaping along the south and southeastern boundary of the property provide a buffer to the adjacent residential development to the south. Airport Noise Considerations — This property is not within the Airport Noise Policy Contours. Lots — Proposed Lot 1 contains the existing development. Proposed Lot 2 would be a vacant lot for future development. Lot 1 is 3.75 acres, and Lot 2 is 2.75 acres. City Code requires that each lot have a minimum of 50' of frontage on a public street. To provide this frontage, Lot 2 includes a 50' wide strip along the east side of the site extending to Rahn Way. A separate driveway to Rahn Way is not contemplated at this time for Lot 2. A cross easement is proposed to provide driveway access for Lot 2 along the current driveway alignment within Lot 1. And also for existing parking that will be within Lot 2 and serves the development on Lot 1. A private ingress /easement easement is already in place that affords access to Rahncliff Court Setbacks — The existing building on proposed Lot 1 satisfies typical setback requirements for the PF zoning district, which is a comparable zoning designation for the existing church use. The concept plan for Lot 2 shows appropriate setbacks from parcel boundaries also. Setbacks for Lot 2 will be reevaluated at the time of future development. With the dedication of additional right -of -way and future reconstruction of parking in that location to accommodate a future extension of Rahn Way, parking and pavement setbacks to that new northerly lot line may be less than the typical 20'. Such a deviation can be accommodated through the planned development. 82, Planning Report — Cedar Valley Addition January 24, 2012 Page 5 Landscaping — No new landscaping is proposed at this time. Proposed Lot 2 would be subject to the requirements of the City's Landscape Ordinance (Sec. 11.70, Subd. 12) at the time of development. The existing landscaping and berming along the south and southeastern boundary should remain in place with future development. Tree Preservation — No new development is proposed at this time. Future development is subject to the requirements in the City's Tree Preservation Ordinance (Sec. 11.70, Subd. 13). The existing landscaping and berming along the south and southeastern boundary should remain in place with future development. Grading/ Topography — No new grading is proposed with this subdivision. Lot 1 is developed and contains the existing church building. The site topography within the proposed site is relatively flat and open. Lot 2 will be graded at time of its development. Storm Water Management — An existing storm sewer system serves Lot 1. No additional storm water management is proposed until future development of the Lot 2. To provide for future development of Lot 2, a storm sewer pipe system should be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. Utilities — Public sanitary sewer and water main service of sufficient size and capacity serves the existing church building on Lot 1. Extension of new sanitary sewer and water service lines will be necessary with the future development of Lot 2. These extensions should be constructed entirely within Lot 2 property boundaries. Streets/ Access/ Right -of -Way/ Easements — This subdivision should dedicate the public right -of- way needed for the construction of Rahn Way in accordance with City engineering standards. With the dedication of this right -of -way, a portion of the existing parking lot on Lot 1 will be located within public right -of -way. A license agreement should be executed between the • property owner and the City allowing the parking within this new right -of -way, providing for the Lot 1 property owner to remove and relocate the parking (and accommodating associated setbacks) affected by the future construction of Rahn Way. A concept plan has been prepared by the developer showing the relocation of parking stalls and service drives after the construction/ extension of Rahn Way. Financial Obligation - At this time, there are no pending assessments on the parcels proposed for platting. Parks and Recreation - The property was platted in 1985 as part of Rahn Ridge Addition, which included the residential twinhomes to the south and west. In satisfaction of park dedication requirements at that time, land was dedicated to the City for nearby Kettle Park which lies to the south, and a trail connection from the public street to the park was provided. E3 Planning Report — Cedar Valley Addition January 24, 2012 Page 6 The City implemented a trail dedication policy in February 1990, subsequent to this development. As a result of the current proposed subdivision, trail dedication may be due for the undeveloped portion of the site. The fore and amount of dedication will be determined at the time of future development of the site. SUMMARY /CONCLUSION Cedar Valley Church is proposing to subdivide the property at 2024 Rahn Way into two lots to allow the existing church development to be sold on a smaller parcel of land, and provide for future development of the vacant southern portion of the site. No new development is proposed at this time. Additional right -of -way for the westerly extension of Rahn Way will be dedicated, and cross easements for ingress /egress and parking will also be provided. Construction of utilities to serve future development of Lot 2 should be provided at this time. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Cedar Valley Addition) to create two lots upon property located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, Cl 2. The property shall be platted. 3. Cross easements for driveway access over Lot 1 and benefitting Lot 2, and also for existing parking within Lot 2 that serves Lot 1 shall be provided. The easements shall be in a form acceptable to the City Attorney. 4. This subdivision shall dedicate the public right -of -way needed for the future construction of Rahn Way, in accordance with City engineering standards. 5. A license agreement shall be executed between the property owner and the City allowing the parking within the newly dedicated right -of -way for Rahn Way, and providing for the Lot 1 property owner to remove and relocate the parking (and accommodate associated setbacks) affected by the future construction of Rahn Way. 6. To provide for future development of Lot 2, a storm sewer pipe system shall be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. 7. Extension of new sanitary sewer and water service lines necessary for development of Lot 2 shall be constructed entirely within Lot 2 property boundaries. 8. Trail Dedication may be due with the future development of the site, the form and the amount of any dedication shall be determined at the time of such development. Lt- Planning Report — Cedar Valley Addition January 24, 2012 Page 7 To recommend approval of a Planned Development Amendment to allow a second building upon property located at 2024 Rahn Way, legally described as lot 1, Block 1, Rahn Ridge. 1. The property shall be platted. 2. Future development of Lot 2 shall be consistent with the PF zoning district. Other uses would require an Amendment to the Planned Development and possibly also to the Comprehensive Guide Plan land use designation. 3. Cross easements for driveway access over Lot 1 and benefitting Lot 2, and also for existing parking within Lot 2 that serves Lot 1 shall be provided. The easements shall be in a form acceptable to the City Attorney. 4. This subdivision shall dedicate the public right -of -way needed for the future construction of Rahn Way, in accordance with City engineering standards. 5. A license agreement shall be executed between the property owner and the City allowing the parking within the newly dedicated right -of -way for Rahn Way, and providing for the Lot 1 property owner to remove and relocate the parking (and accommodate associated setbacks) affected by the future construction of Rahn Way. 6. To provide for future development of Lot 2, a storm sewer pipe system shall be extended to Lot 2 from Lot 1 in accordance with City engineering design standards. 7. Extension of new sanitary sewer and water service lines necessary for development of Lot 2 shall be constructed entirely within Lot 2 property boundaries. 8. Trail Dedication may be due with the future development of the site, the form and the amount of any dedication shall be determined at the time of such development. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City 8(p engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of -way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. eq I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised: July 7, 2009 00 Location Map °'— ■ Q s - T 11111111111111 • 1110 ,, 11 :1i, m Meadowland Park c / Fa range °°°°1" ■_ /_■■■■■■■■■■■ ■■ ■■■■■■■■■■ I I I I A I N I I I 11 i Highline Trail Park • o i , } ,1 1 olmev as Rahn Athletic Park § CLIFF I gKE ROAD i i . - Cliff R d E I� B Map Area Extent R ■i®I ■,1, ® Rahn Park e e 0111111.04 .ri 0 om . \V I'`I \1r■ Park 1111111161' 411 ® I 4 ' 't' ; '� 0 0 ' 4 'm �� ® ® k BEECHEft DR lir in..' .� _ . 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Subd. & PD Amendment Legend Case Nos.: 31- PA- 10 -12 -11 Le g jinn& 16.41 City Boundary Parcels %\ Parks LA Buildings N City of Ea�al C61 Current Zoning and Land Use Map *City of Ea aIl Application: Cedar Valley Addition Type: Prelim. Subd. & PD Amendment Case No.: 31- PS- 02 -12 -11 & 31- PA- 10 -12 -11 • F p PD i PD CSC D Zo n i n q P D , KAHNCI IF _ Subject Site PD, Planned Development LL PD 7. PF :I' AWN E- z 2 cc* ' * a �0. PD Ne • <i'. LB 1 1 11 7 1.1"ra lgrli a - pr . 4 , I WO AMIN 1 p , • 1 h 1 p, 4 i i /1‘ f iir L 4 it., : el :I ig s_,.' dit --- Apitro 1 OIS HD RC 1.1 I RC r- RC . - 1' :1Z Land Use Plan J Subject Site KG SA/QP - Special Area/ MIXED z T \ Quasi-Public QP RC � _: \. 0' ois Q4</ o/s C MOW II r Aid s- A OP 1 Ill ge l In Z\ -LB- 4ibb M i 0 300 600 1,200 Feet qb 1 - } 5 { , f t r F t f L . 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PLAT y °°` CEDAR VALLEY ADDITION "RE'"°f° g° w »f a Ps s a a6 PRELIMINARY PLAT HEDLUND m , °° Si °°�° WC BY (� s n ana _. 1 -a .. _ R .99 I �6a CEDAR VALLEY CHURCH �, E,gG„E„� E,�K , 6` °`e °� �`" "°` °� _ ° ( 8600 BlOOmingten Ammue S Eloa 2005 Pin O0Y Drive ningten, se�nneeot0 55.25 Eagan, in 55122 Phone (952) 854-1100 Phone: (651) 405 -6600 11//��`` J O0t< 1 fa.: (651) 405 -6606 ^J ,en (/ y6 , .. . ;,, 1.3] y N:\iolr PmMe.. \INOI a \e.q \semn�av,I.W.asnrey xl: v..n whey I I— r - -- ir- � 1 1 . . • 1 - ,. \ a - J 1 L�l �I n :r{� ^ r-M n��G w O r 1 1 E = I J M, 1 ., 0 \ d • 1 F L .a V t .1' � \ a ,, l 1 I u,1 _L�� - I I� A qe % S #� , - 1 0 ) "' : ,..' :2 ' \ ,‘ - - ' I Ps .././ .4 --'.. ''' .../".....I ' .;'..-”,-,! "'"' — — a L h Ry 1 w f} — P\ y 4 ■4;. 1 --I 4'; 1 E` ``5 u •� I Wi , � ,a a rt y . II C l- i _ t f S �! ! -5 a I � �ly / ... 11 1— L --u`. 1 I , y. „ ,.., i / o � - s ' .c L 0 1 • I I 1 1 ` L...] I .14‘,1 : I e Sr� i t v - ' -nv ; . ♦.;• `sr, — a -- V. s'" . 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I------ CONCEPT GRADING & UTILITY PLAN , .....- M: CEDAR VALLEY ADDITION I hanky certify tnot tna Nan. aptan ••• . 6687 IiNI6 67 z 3 CONCEPTUAL UTILITY PLAN NEDLUND ... N CEDAR VALLEY CHURCH PUINWNL ENCINEVINL Sul.nsvC '.'. (4 8600 BIraorninaton Avenue 5 2005 Pin Oak Drial V.,ist egaez . i Eagan. AM 55122 o I/4/12 Rion*: (952) 654-1100 Phone' (651) .5-6600 6 cm (651) .5-6606 a — Randall C Hedlund 1.01 LIC NO 19576 7 HEDLUND Planning Engineering Surveying January 6, 2012 Ms. Pamela Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cedar Valley Church, 2024 Rahn Way, Proposed Preliminary Subdivision and Planned Development Amendment. Dear Ms. Dudziak, On behalf of Cedar Valley Church, I have been asked to write this narrative in regards to what the church's intentions are with their church and property in Eagan. Cedar Valley Church is proposing to subdivide their existing 6.5 acre lot into two lots. The church congregation moved to its home church in Bloomington approximately two years ago and has had the property on the market for several years. Since then they have been renting the building to other church congregations. Background: In 1986 Jesus People Church of Minneapolis purchased the current 6.5 acre property and built what was then planned to be phase one of a two phase project. The church opened as Cedar Ridge Church and remained that until it merged with Bloomington Assemblies of God (now Cedar Valley) as a sister congregation. Phase one of the church is actually what was to be the educational and gymnasium branch of the overall church. The area of the current phase one building is 15,540 square feet with a potential seating total of 550 people (shown on 1986 site plan) in what would be gymnasium of the overall project. Representatives of Cedar Valley said the current seating is more like 350 seats due to a stage that was constructed. Phase two of the project was to be the main auditorium covering approximately 31,000 sq. ft. with proposed seating of 1,300. Comprehensive Guide Plan: The current comprehensive guide plan shows the property as quasi - public. The 2030 comprehensive plan shows the property as stand alone commercial within the Cliff Roads Commons Special Area. RECEIVED JAN 0 6 2Q12 NARRATIVE 2005 Pin Oak Drive • Eagan, Minnesota 55122 • Telep one (651) 405 -6600 • Fax (651) 405 -6606 0 Zoning Classification: The City of Eagan's Zoning map shows the property Planned Development. The original planned development was part of the Mission Hills South PD. The concept use shown for the new lot is concept only so no zoning change is being requested at this time. Timing / Phasing: At this time Cedar Valley Church is only planning on subdividing the lot. When a potential buyer comes forward for the new lot, it will need to go before the City for the approval process. Existing Land Use: The current building with its parking area is 2.04 acres or 31% coverage of the 6.5 acre lot. The remainder of the site is green area. Surrounding Land Uses within 660 feet: West of the property is the drivers training and testing facility. To the north is school and retail. To the east is hotel, office and restaurant. South is single family and twin home residential. Impact of Planned Development amendment on surrounding property and the subject property: Because no use of the new lot is proposed at this time it is difficult to assess any impacts. No visual change will be occurring. Impact to the subject property is that expansion to the church could not be as great as previously planned. Impact of amendment of City services and utilities: The plans showing a concept use of the property show how utilities can service the property and how storm water might be handled. An existing drive access easement on property to the east shows how traffic circulation between the two new lots can work. Is the land better used by this amendment? The concept building shown on lot 2 is labeled as a two story church / school to show maximum parking requirements. This was only done to show what a "maximum" impact could look like. It should be noted that this does not mean it will be a two story use someday and more likely would be a one story use. The proposed amendment is a better use for the church building lot because a buyer does not have to pay for the excess property it likely would not need. If they did want additional property they would have the option of buying the vacant lot also. q7 Public benefit of the proposed amendment: The addition to the existing church building as proposed in 1986 would have covered about 85% of what is being proposed as lot 2 with impervious surfaces. Whatever the use is moving forward the land coverage will likely be less intense and more diverse as opposed to one large church use. Sincerely ?Cts\c)c,\ 1 C . R.P, Randall C. Hedlund • • JO qe Agenda Information Memo March 20, 2012, Eagan City Council Meeting VI. NEW BUSINESS A. Precinct Boundaries and Polling Locations — Legislative Redistricting ACTIONS TO BE CONSIDERED: To approve a Resolution establishing new precinct boundaries and polling locations and reestablishing existing precinct boundaries and polling locations. FACTS: ➢ In response to the redistricting that has occurred at the State level, the City is required to take formal action to establish its precincts by April 3, 2012. ➢ At the March 13 Special City Council Meeting, the City Council reviewed the proposed precinct redistricting plan and directed staff to prepare a resolution establishing the precincts and polling places. ➢ At the request of the City Council, communication efforts are being prepared to notify residents of the new precinct boundaries. ATTACHMENTS (4): A map of the proposed 2012 precinct boundaries and polling places is attached on page 106 A map of the former precinct boundaries and polling places is attached on page/O/ . A table detailing polling places' voter registration counts is attached on page/0 R . The proposed Resolution is attached on pages/05 to /Q4 . gel 41 0 1 Citl if Blai Proposed Precinct and Polling Locations 2012 Legend • Proposed Polling Location Proposed Precinct Boundary ,ii!!iii)■` .� Legislative District 2012 w r,-- .� rrw , � 51A .7r— �, ' _ t � 51B I tt .._� / ti } P /r ItY 52B / _ '\ I ; f 0 0.5 1 ,,I . t �� Miles one Oak Rd 4,1 :Y .... , \ !/ L\ °' - --- '.__I —1 _ ,_i__. N © 78 ,- 0' Ti x _J { o 1 -- J I 1 11 f Yarikee Doodle Rd i .. 1 - r° i� / � 7 ri I \ �r r I c. C� l �r } J/ ( __ 7 \ -1 _ j �' Silver Bell Rd ! t , , , 7- - Wesco 0.---,-,\ t R ' t . I 't . 1 , . �� l P � Q a : ....4-4, L.,\ r. ' - iB .,„,„\ - ... -- n_ V ---- ; ' . :: !;31 - 1 , 1_ j, ;.• _• ‘ 1 . ,- 5.,,, !• ,,,_, licH. r - -,f f �. � t ' i - I I / -_, k 1 , 4 z Diffle _Rd �� � �1 I. 8 Diffle Rd: L 11 i � '1- CIIMLaka N11 f . ... m J j 10 - y ! - r e ss ( t, h'll de rh f r- t , Ma 0r ; j -3 = ..- \ Y , - � Ea a l , ",' �T i ' r � � � � 1-----; � �, Cliff Rd ` /� s r.- ! - " `' � liff Rd �- - —f . , . % �� �), / 1 F ir . , ,- Proposed Polling Locations Precinct Polling Location Polling Address Precinct Polling Location Polling Address 1 Pilot Knob Elementary School 1436 Lone Oak Road 9 Metcalf Junior High School 2250 Diffley Road 2 Eagan Community Center 1501 Central Parkway 10 Rahn Elementary School 4424 Sandstone Drive 3 Fire Safety Center 1001 Station Trail 11 Christ Lutheran Church 1930 Diffley Road 4 Cedar Elementary School 2140 Diffley Road 12 Thomas Lake Elementary 4350 Thomas Lake Road 5A Oak Hills Church 1570 Yankee Doodle Road 13 Oak Ridge Elementary School 4350 Johhny Cake Ridge Road 56 Mt Calvary Lutheran Church 3930 Rahn Road 14 Easter Lutheran Church 4200 Pilot Knob Road 6A Eagan Civic Arena 3830 Pilot Knob Road 15 Chapel Hill Bapt Church 4888 Pilot Knob Road 6B Deerwood Elementary School 1480 Deerwood Drive 16 Pinewood Elementary School 4300 Dodd Road 7 Woodland School 945 Wescott Road 17 Red Pine Elementary School 530 Red Pine Lane 8 Northview Elementary School 965 Diffley Road 1 n/1 18 St. Thomas Becket Church 4455 South Robert Trail *andiatil Legend Former Precinct and Polling Locations Polling Location 12 Precinct Boundary Legislative District 2012 —Pi- el._ 51A , 51B P H w1• 5 t 528 0 0.5 1 ( --- \ , - I 1 Miles , - '— - lne Oak Rd II 2 , 3 1 '>/ L Z\ . ,. I I n / o „, 1111111141 P3 N P 0 1 ' 1 1 I 1. Yankee Doodle Rd l ,, •� I 1 \ ( � ( 1 . � = ,, i \d�1. , � ' S 2 c _ i A T -)' `\ 1 - LL 1. V ` / / { 1. \ i ' '' R Y 7 /- Wescott-Rd, 1 l'' r l Silver Bell d �_. � �, 1 � r t � �0 �, ..�. � -1 cfr,-- ,-- /� 5 A .{ -�_ . u ; 35 co '1I / o 1 P� � i , 4 - - - ce -t '~ / , A Diffle .Rd'') ,. r 11 Diffley Rdi 12 Tr 14 ` .� { [_. .. „.. /2 ) , 1 L �� % /_. ; { 13 cuntehetta {” -1 aor y C - , f ' 1 'ifdergessRu�' - i 1 I far J - r + 1 17 o. N 1 \ L L T o ( I / i ; ✓ - i I I, � rff Ril ii _" . -J - l ( _ i tiff Rd — � ✓ 1 y `� M L_ /J )..-__1 Y ,.' i ct 7 ' [ _ P 20 P P18 a -r----' -r----' - m 0 Former Polling Locations Precinct Location Address Precinct Location Address 1 Pilot Knob Elementary School 1436 Lone Oak Rd. 12 Metcalf Junior High School 2250 Diffley Rd. 2 Oak Hills Church 1570 Yankee Doodle Rd 13 Rahn Elementary School 4424 Sandstone Dr. 3 Trinity Lone Oak Church 2950 Hwy. 55 14 Christ Lutheran Church 1930 Diffley Rd. 4 Cedar Elementary School 2140 Diffley Rd. 15 Thomas Lake Elementary 4350 Thomas Lake Rd. 5 Mount Calvary Lutheran Church 3930 Rahn Rd 16 Easter Lutheran Church 4200 Pilot Knob Rd. 6 Deerwood Elementary School 1480 Deerwood Dr 17 St Thomas Becket Church 4455 South Robert Trail 7 Eagan Fire Administration 3795 Pilot Knob Rd 18 Oak Ridge Elementary 4350 Johnny Cake Ridge Rd 8 Eagan Municipal Center 3830 Pilot Knob Road 19 Chapel Hill Bapt Church 4888 Pilot Knob Rd. 9 VVoodland School 945 Wescott Rd. 20 Red Pine Elementary School 530 Red Pine Lane 10 St. John Neumann Church 4030 Pilot Knob Rd. 21 Pinewood Elementary School 4300 Dodd Rd. 11 Northview Elementary School 965 Diffley Rd. /0 I Polling Place Voter Registration and Population Counts Registered voters Population after Estimated registered voters Precinct Polling Place before redistricting redistricting after redistricting 1 Pilot Knob Elementary 747 911 747 2 Eagan Community Center N/A 3,946 2,700 3 Fire Safety Center N/A 2,212 1,880 4 Cedar School 1,397 3,315 2,320 5A Oak Hills Church 1,753 3,417 2,390 5B Mount Calvary Lutheran Church 1,754 2,467 1,850 6A Eagan Civic Arena N/A 2,597 2,207 6B Deerwood Elementary 2,715 2,851 2,565 7 Woodland Elementary School 2,642 2,999 2,550 8 Northview Elementary School 3,004 2,785 2,500 9 Metcalf Junior High School 1,740 3,228 2,260 10 Rahn Elementary School 1,100 1,276 1,020 11 Christ Lutheran Church 2,087 1,880 1,600 12 Thomas Lake Elementary 1,543 1,606 1,445 13 Oak Ridge Elementary 1,322 1,499 1,200 14 Easter Lutheran Church 1,724 2,752 2,300 15 Chapel Hill Baptist Church 1,754 1,943 1,754 16 Pinewood Elementary School 1,631 1,889 1,631 17 Red Pine Elementary School 2,219 2,405 2,219 18 St. Thomas Becket Church 1,757 1,872 1,757 MA CITY OF EAGAN RESOLUTION NO. RESOLUTION ESTABLISHING NEW PRECINCT BOUNDARIES AND POLLING LOCATIONS AND REESTABLISHING EXISTING PRECINCT BOUNDARIES AND POLLING LOCATIONS WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statute section 204B.14, subd. 3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, County of Dakota, State of Minnesota hereby reestablishes the boundaries of the voting precincts and polling places as follows: Precinct 1 (Pilot Knob Elementary School, 1436 Lone Oak Road) That part of the City south of the City's northern corporate boundary, east of Highway 13, north of Lone Oak Road, and west of the City's eastern corporate boundary Precinct 2 (Eagan Community Center, 1501 Central Parkway) That part of the City south of Lone Oak Road, east of Highway 13, north of Yankee Doodle Road, and west of Interstate 35E Precinct 3 (Eagan Fire Safety Center, 1001 Station Trail) That part of the City bounded to the north by Lone Oak Road, then following Interstate 35E south to Yankee Doodle Road east to Elrene Road south to Dodd Road north to the City's eastern corporate boundary north to Lone Oak Road Precinct 4 (Cedar School, 2140 Diffley Road) That part of the City bounded to the north by the City's northern corporate boundary, then following the City's western corporate boundary south to Diffley Road east to Blackhawk Road north to Carnelian Lane west to Rahn Road north to Cedar Grove Boulevard northeast to Silver Bell Road northwest to Highway 13 north to the City's northern corporate boundary Precinct 5A (Oak Hills Church, 1570 Yankee Doodle Road) That part of the City bounded to the north by Yankee Doodle Road, then following Highway 13 south to Silver Bell Road east to Blackhawk Road south to Riverton Avenue east then continuing east following the boundary between ISD 197 and ISD 196 to Interstate 35E north to Yankee Doodle Road 103 Precinct 5B (Mount Calvary Lutheran Church, 3930 Rahn Road) That part of the City bounded to the east by Interstate 35E, then following the boundary between ISD 197 and ISD 196 west to Riverton Avenue west to Blackhawk Road north to Silver Bell Road west to Cedar Grove Boulevard southwest to Rahn Road south to Carnelian Road east to Blackhawk Road north to Deerwood Drive east to Interstate 35E Precinct 6A (Eagan Civic Arena, 3870 Pilot Knob Road) That part of the City bounded to the north by Yankee Doodle Road, then following Interstate 35E south to the boundary between ISD 197 and ISD 196 east to Wescott Road east to Lexington Avenue north to Yankee Doodle Road Precinct 6B (Deerwood Elementary School, 1480 Deerwood Drive) That part of the City bounded to the north by Wescott Road and the boundary between ISD 197 and ISD 196, then following Interstate 35E south to Diffley Road east to Lexington Avenue north to Wescott Road Precinct 7 (Woodland Elementary School, 945 Wescott Road) That part of the City bounded to the north by Yankee Doodle Road, to the west by Lexington Avenue, to the south by Wescott Road and to the east by Elrene Road Precinct 8 (Northview Elementary School, 965 Diffley Road) That part of the City bounded to the north by Wescott Road, then following Lexington Avenue south to Diffley Road east to Dodd Road northeast to Elrene Road northwest to Wescott Road Precinct 9 (Metcalf Junior High School, 2250 Diffley Road) That part of the City bounded to the north by Diffley Road, then following the City's western corporate boundary south to the City's southern corporate boundary east to Interstate 35E north to Highway 77 north to Cliff Road east to the boundary between Minnesota House Districts 51A and 51B north to the paved Highline Trail east to Sandstone Drive north to Shale lane east to Blackhawk Road north to Diffley Road Precinct 10 (Rahn Elementary School, 4424 Sandstone Drive) That part of the City bounded to the north by Shale Lane, then following Sandstone Drive south to the Highline Trail west to the boundary between Minnesota House Districts 51A and 51B south to Cliff Road west to Highway 77 south to Interstate 35E south to the City's southern corporate boundary east to Galaxie Avenue north to Blackhawk Road north to Cliff Lake Drive west to Rahn Road north to Shale Lane Precinct 11 (Christ Lutheran Church, 1930 Diffley Road) That part of the City bounded to the north by Deerwood Drive, then following Blackhawk Road south to Diffley Road west to Rahn Road south to Cliff Lake Drive east to Blackhawk Road south to Interstate 35E north to Deerwood Drive ZIF Precinct 12 (Thomas Lake Elementary, 4350 Thomas Lake Road) That part of the City bounded to the north by Diffley Road, then following Interstate 35E south to Blackhawk Road south to Beecher Drive east to Walnut Lane north, east and south to Hickory Hill east to Johnny Cake Ridge Road north to Mallard Drive east to Thomas Lake Road north to Diffley Road Precinct 13 (Oak Ridge Elementary School, 4350 Johnny Cake Ridge Road) That part of the City bounded to the north by Mallard Drive, then following Johnny Cake Ridge Road south to Hickory Hill west to Walnut Lane north, west, and south to Beecher Drive west to Blackhawk Road south to Galaxie Avenue south to the City's southern corporate boundary east to Johnny Cake Ridge Road north to Cliff Road east to Thomas Lake Road north to Mallard Drive Precinct 14 (Easter Lutheran Church, 4200 Pilot Knob Road) That part of the City bounded to the north by Diffley Road, to the west by Thomas Lake Road, to the south by Cliff Road and to the east by Lexington Road Precinct 15 (Chapel Hill Baptist Church, 4888 Pilot Knob Road) That part of the City bounded to the north by Cliff Road, to the west by Johnny Cake Ridge Road, to the south by the City's southern corporate boundary and to the east by Pilot Knob Road Precinct 16 (Pinewood Elementary School, 4300 Dodd Road) That part of the City bounded to the north by Diffley Road, to the west by Lexington Avenue, to the south by Wilderness Run Road and to the east by Dodd Road Precinct 17 (Red Pine Elementary School, 530 Red Pine Lane) That part of the City bounded to the north by Wilderness Run Road, then following Lexington Avenue south to Cliff Road west to Pilot Knob Road south to the City's southern corporate boundary east to the City's eastern corporate boundary north to Cliff Road west to Dodd Road north to Wilderness Run Road Precinct 18 (St. Thomas Becket Catholic Church, 4455 South Robert Trail) That part of the City bounded to the north and west by Dodd Road, to the south by Cliff Road and to the east by the City's eastern corporate boundary Attached to this resolution, for illustrative purposes, is a map showing said precincts and the location of each polling place. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk lO Motion made by: Seconded by: Those in favor: Those against: Dated: March 20, 2011 Certification I, Christina M. 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 20 day of March, 2012. Christina M. Scipioni City Clerk (0(4 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 20, 2012 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE Preparation of ALTA Survey for EDA Owned Property South of Cedar Grove Parkway and AUTHORIZE Preparation of Plats for that Property and the Cedar Grove Core Area. D. OLD BUSINESS 1. APPROVE Extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District E. NEW BUSINESS F. OTHER BUSINESS — Organizational Business G. ADJOURN 167 Agenda Information Memo Eagan Economic Development Authority Meeting March 20, 2012 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the December 20, 2011 EDA meeting are enclosed on pages 1 O through 110 2. AUTHORIZE PREPARATION OF ALTA SURVEY for EDA Owned Property South of Cedar Grove Parkway and AUTHORIZE PREPARATION OF PLATS for that Property and the Cedar Grove Core Area — The EDA previously authorized the preparation of an ALTA survey for the Cedar Grove Redevelopment Core Area to begin the process of assembling the properties that have been acquired in the area for re- subdivision and resale. That survey is nearing completion. At this time and for the same purpose, staff is requesting authorization to secure an ALTA survey for the EDA owned property lying south of Cedar Grove Parkway between Lennar's Nicols Ridge Subdivision and Nicols Road. RLK performed the first site survey and has compiled the background for the work in the area. For economies of scale, staff is proposing that the firm perform this survey as well. A copy of the proposal for services for the work for a lump sum of $6,400 is enclosed on pages (11 through I . Upon completion of the surveys, staff is requesting authorization to proceed with the platting of the assembled parcels to define outer boundaries of properties and form the basis of further subdivision as properties are defined for resale. lo, MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota DECEMBER 20, 2011 A meeting of the Eagan Economic Development Authority was held on Tuesday, December 20, 2011 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Bauer. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the December 6, 2011 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS AUTHORIZE A REQUEST FOR PROPOSAL FOR A LIMITED SITE INVESTIGATION AT THE FORMER LARSON AUTOMOTIVE PROPERTY AND AUTHORIZE SUBMITTAL OF MN PETROFUND APPLICATION Community Development Director Hohenstein introduced the item. Commissioner Tilley moved, Commission Fields seconded a motion to authorize a Request for Proposals to conduct a Limited Site Investigation (LSI) at 3955 Cedarview Drive (former Larson Automotive Property) in the Cedar Grove Redevelopment Area, and, authorize submittal of a MN Petrofund application for partial reimbursement of LSI costs. Aye: 5 Nay: 0 10 9 OTHER BUSINESS There were no Other Business items. Date Thomas Hedges, Executive Director 110 " ...11** \ "ILK Engineering . Landscape Architecture . Planning . Surveying . Traffic ( INCORPORATED Creating extraordinary Communities March 13, 2012 Sent via email (johenstein @cityofeagan.com), (rmatthys @citvofeagan.com) Mr. Jon Hohenstein - ICMA -CM Director of Community Development And Mr. Russ Matthys, City Engineer Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Proposal for Professional Surveying Services Cedar Grove Development Five (5) parcels; South of Cedar Grove Parkway, East of Cedar Avenue (Please see attached Exhibit showing boundaries of survey) Dear Mr. Hohenstein and Mr. Matthys; Thank you for the opportunity to submit a proposal for professional land surveying services. We understand the scope of the work to be as follows: ALTA/ACSM Land Title Survey Provide a survey to 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Survey Standards and to include Items 1 — 5, 7(a & b l ), 8, 9, 11(b), 13, 16, 18 & 20 from Table A of the those requirements. In order to comply with ALTA/ACSM Land Title Survey Standards, we will need a copy of the current title commitment covering the properties and copies of all related documents for the production and issuance of the final survey. Additionally, we will need copies of any easement documents that may pertain from "Schedule B" of the title commitment. The survey shall contain topographic information to delineate and define significant features related to the development of the site. The topographic survey shall include elevation shots across the site to verify existing topographic conditions; locations of visible improvements (i.e. Buildings), foundations, and other structures: and any utility structures with top of casting and inverts that are on site and adjoin the proposed site that may be potentially incorporated into the overall site design. Unless specifically requested, the topographic survey will not include wetland delineation location, establishment of DNR water elevations, or tree inventory and location. Total Lump Sum Fee Excepting Reimbursables $ 6,400.00 /1 1 (952) 933 -0972 • 6110 Blue Circle Drive • Suite 100 • Minnetonka, MN 55343 • FAX (952) 933 -1153 Equal Opportunity Employer This fee is based upon No Snow Cover Conditions. Additional charges may occur due to seasonal conditions that can adversely affect field location efforts (i.e. heavy snow, ice, frozen ground etc.). Due to these same conditions some information may be directly unobtainable and therefore approximated. Additional work due to missing boundary monumentation, boundary line conflicts, discrepancies and/or disputes will be billed as additional services (see our Attachment B for current Rate Schedule). The client will be consulted prior to proceeding with any additional services. Meetings All meetings to be attended by RLK Incorporated at the request of the client will be invoiced on an hourly basis. This category relates to Client/RLK Incorporated and Government/RLK Incorporated meetings and hearings. Reimbursable Expenses Unless otherwise stated, charges for direct costs for printing and reproduction, special fees, permits, subcontracts and other out -of- pocket expenses will be calculated on a basis of actual cost plus fifteen percent (15 %). Mileage will be billed at the current per diem rate as authorized and allowed by the Internal Revenue Service. Additional Items Not Included Resubmission of specific material as required by the Developer and/or City will be considered additional services, with the exception of omission or errors made by RLK Incorporated or our subconsultants. Preparation of resubmission materials will be billed on an hourly basis (See our Attachment B for current Rate Schedule). Terms of Payment Invoices are due and payable upon receipt. Invoices not paid within 30 days of the date rendered will be assessed a finance charge of one percent per month, or fraction thereof, for each month beyond 30 days past due. Client will be responsible for all expenses incurred by RLK Incorporated in the collection of any unpaid invoice, including the actual attorneys' fees and costs charged by its legal counsel. Attachments A and B attached hereto are incorporated into this Agreement by reference as if fully set forth herein. Prior to issuing the final survey, we will need any easement documents that may pertain from "Schedule B" of those title commitments and confirm that the title insurance that we received is the most current. Any additional work or revisions at your request will be based upon our hourly rate schedule with estimates given prior to proceeding. We anticipate the survey to take approximately 15 working days to complete. Upon notice to proceed we will begin fieldwork to expedite the survey. A DRAFT copy can be provided for review prior to completion. If you have any questions about this proposal, or need to discuss scheduling, please do not hesitate to call. Proposal for Professional Services March 13, 2011 Cedar Grove Development - Eagan, Minnesota I I Page 2 of 3 Thank you again for the opportunity to provide this proposal. Sincerely, RLK Incorporated Henry elson, Land Surveyor Survey Operations Manager Please sign this proposal and return one copy to our office. CONDITIONS ACCEPTED BY CITY OF EAGAN Print Name Signature Title Date cc: Steve Schwanke, Principal Planner (sschwanke @rklinc.com) Attachments: Attachment A - General Conditions & Attachment B - Rate Schedule Cedar Grove Survey & Aerial Exhibits (2 page) Proposal for Professional Services 13, 2011 Cedar Grove Development - Eagan, Minnesota 113 Page 3 of 3 ATTACHMENT A - GENERAL CONDITIONS The information contained in the letter proposal accompanying B. Designate a representative who shall be authorized to act this Attachment A may be reasonably relied upon by RLK on the CLIENT's behalf with respect to the Project. Incorporated (RLK) and CLIENT in determining RLK's scope C. Examine all alternate solutions, studies, reports, sketches, of work, the schedule for performing the work and the drawings, specifications, proposals, and other documents compensation to be paid to RLK. However, both parties presented by RLK (including obtaining advice of an recognize that such information may not be complete or may attorney, insurance counselor, and other advisors or change and that the CLIENT and RLK shall negotiate consultants as CLIENT deems appropriate with respect to appropriate adjustments in schedule, compensation and such examination) and render in writing timely decisions services in accordance with the terms and conditions contained pertaining thereto. in this Attachment A. D. Provide the services of an independent testing firm to perform all inspections, tests, and approvals of samples, I. DEFINITIONS materials, and equipment required by law or the Contract Documents, or to evaluate the performance of materials, The following words and phrases shall have the meaning equipment, and facilities of CLIENT, prior to their indicated below: incorporation into the work with appropriate professional A. Agreement means RLK's letter proposal; Attachment A — interpretation thereof. General Conditions; Attachment B- Professional Services E. Furnish all legal, insurance and accounting services, Rate Schedule; and any Design Change Notice or other including auditing services that may be reasonably writing signed by both parties indicating that it is an necessary at any time for the Project or to meet amendment or addendum to this Agreement. CLIENT's needs or interests. B. Certificate for Payment means a representation by RLK F. Submit to any governmental or permitting authority all or other person performing construction administration necessary applications for permits or other required services that the Work has progressed to the point submissions. indicated in the Contractor's application for payment, G. Provide prompt written notice to RLK if the CLIENT or subject to (1) an evaluation of the Work for conformance any representative, contractor or agent of CLIENT with contract documents; (2) results of subsequent tests becomes aware of any fault, defect or non - conformance and/or inspections; (3) correction of minor defects and (4) in the Project, including any errors, omissions or any other specific qualifications. inconsistencies in RLK's work. C. Construction Phase means that part of the work after the H. Give prompt written notice to RLK whenever CLIENT construction contract is awarded and before substantial observes or otherwise becomes aware of a Hazardous completion. Environmental Condition or of any other development D. Contractor means any person or entity employed to that affects the scope or time of performance of RLK's perform Work on the Project. services. E. Hazardous Environmental Condition means any condition I. Warrant that funds are or will be available for prompt subject to regulations and controls of the Minnesota payments to RLK under the terms of this Agreement. Pollution Control Agency, or that is defined in the RLK shall be entitled to full payment for completed work Comprehensive Environmental Response, Compensation regardless of the timing or the CLIENT's failure to and Liability Act (CERCLA), or the existence of any receive financing or governmental or other approvals. other potentially hazardous or toxic materials or RLK is not a co- venturer with the CLIENT and the conditions. payment of fees and reimbursable expenses is not at risk. F. Substantial Completion means that the Work on the project is sufficiently complete in accordance with the III. RLK's RESPONSIBILITIES contract documents so that the CLIENT can occupy or utilize the Work for its intended use. A. RLK shall review the laws, codes and regulations G. Work means those services, materials, labor or supplies applicable to RLK's services. used to complete the Project. B. RLK shall be entitled to rely on the accuracy and H. Documents means any written, printed, typed, recorded completeness of all requirements, programs, instructions, or graphic matter, however produced, reproduced, or reports, data, services and information furnished by the stored, including but not limited to electronic data, CLIENT. RLK may use such information in performing photographs and maps. or furnishing services under this Agreement and CLIENT I. Construction Administration or Construction Phase will defend, indemnify and hold harmless RLK for any Services include construction observation and specifically errors or omissions in such information. RLK shall exclude inspection of construction. provide prompt written notice to the CLIENT if RLK becomes aware of any errors, omissions, or II. CLIENT'S RESPONSIBILITIES inconsistencies in such information. C. RLK shall be responsible for the technical accuracy of its In addition to other responsibilities of CLIENT as set forth in services and documents resulting therefrom. To the this Agreement, CLIENT shall: extent that any deficiencies are present or discovered, A. Provide full information in a timely manner regarding RLK shall correct such deficiencies without additional requirements for and limitations on the Project. compensation except to the extent such action is directly Page 1 of 5 RLK V I ATTACHMENT A - GENERAL CONDITIONS attributable to deficiencies in CLIENT - furnished construction selected by Contractor, for safety information. precautions and programs incident to the Contractor's D. RLK shall submit the deliverables required under the work in progress, nor for any failure of Contractor to Agreement at intervals appropriate to the design or comply with Laws and Regulations applicable to development process for purposes of evaluation and Contractor's furnishing and performing the Work. approval by the CLIENT. RLK shall be entitled to rely E. RLK neither guarantees the performance of any on approvals received from CLIENT in further Contractor nor assumes responsibility for any development of the designs. Contractor's failure to furnish and perform the Work in E. RLK will provide one single review and response to any accordance with the Contract Documents or any governmental or permitting authority's comments or governmental rule, law or regulation. requested revisions to RLK's deliverables required under F. RLK shall not be responsible for the acts or omissions of the Agreement. any Contractor(s), subcontractor or supplier, or of any of F. RLK will schedule the work upon receipt of the executed the Contractor's agents or employees or any other Agreement. Work on subsequent phases of the Project persons (except RLK's own employees) at the Site or will begin upon receipt of approval from the CLIENT otherwise furnishing or performing any of the and upon receipt of the full balance of fees due for work Contractor's work; or for any decision made on completed to the date of the CLIENT's approval. interpretations or clarifications of the Contract G. The standard of care for all professional consulting and Documents given by CLIENT without consultation and related services performed or furnished by RLK under advice of RLK. this Agreement will be the care and skill ordinarily used G. RLK will review requests by the Contractor for additional by members of RLK's profession practicing under similar information about the contract documents. Any request circumstances at the same time and in the same locality. for information shall include a detailed written statement RLK MAKES NO WARRANTIES, that indicates the specific drawings or specification on EXPRESS OR IMPLIED, UNDER THIS which clarification is sought and the nature of the clarification requested. If deemed appropriate by RLK, it AGREEMENT OR OTHERWISE, IN will prepare, reproduce and distribute supplemental CONNECTION WITH RLK'S SERVICES. drawings and specifications in response to requests for information. IV. CONSTRUCTION ADMINISTRATION H. If included in the scope of the services, RLK shall review SERVICES and approve or take other appropriate action upon the Contractor's submittals such as shop drawings, product A. The Letter Proposal or Design Change Notice shall data and samples, but only for the limited purpose of' include the parties agreement about whether or not RLK checking for conformance with information given in the will provide construction administration services. If design concept. RLK's action shall be taken with required as part of the Agreement, RLK's responsibilities reasonable promptness while allowing sufficient time in to provide construction administration services RLK's professional judgment to permit adequate review. commences with the award of the initial contract for Review of such submittals is not conducted for the construction and terminates at the issuance to the purpose of determining the accuracy and completeness of CLIENT of the final Certificate for Payment. RLK shall other details such as dimensions and quantities, or be entitled to additional compensation if construction substantiating instructions for installation or performance administration services extend 60 days after the date of of equipment or systems, all of which remain the Substantial Completion of the work. responsibility of the Contractor. RLK's review shall not B. Should CLIENT provide Construction Phase services constitute approval of safety precautions or any with either CLIENT's representatives or a third party, construction means, methods, techniques, sequences or RLK's services under this Agreement will be considered procedures. RLK's approval of a specific item shall not to be completed upon completion of the Final Design constitute approval of an assembly of which the item is a Phase or Bidding or Negotiating Phase. component. C. It is understood and agreed that if RLK's services under I. If the CLIENT requests that RLK execute certificates, the this Agreement do not include Project Observation, or proposed language of such certificate shall be submitted review of the Contractor's performance, or any other to RLK for review at least 14 days prior to the requested Construction Phase services, and that such services will dates of execution. RLK shall not be required to execute be provided by CLIENT, then CLIENT assumes all certificates that would require knowledge, services or responsibility for interpretation of the Contract responsibilities beyond the scope of this Agreement. Documents and for construction observation or review and waives any claims against RLK that may be in any V. COSTS OF THE WORK way connected thereto. D. During the Construction Phase, RLK shall not supervise, A. RLK's opinions of probable Construction Cost provided direct, or have control over Contractor's work, nor shall for herein are to be made on the basis of RLK's RLK have authority over or responsibility for the means, experience and qualifications and represent RLK's best methods, techniques, sequences, or procedures of judgment as an experienced and qualified professional Page 2 of 5 INCORPORATTI DD ) NC V 115 ATTACHMENT A - GENERAL CONDITIONS generally familiar with the industry. However, since RLK competitions and publications. However, RLK's has no control over the cost of labor, materials, materials shall not include the CLIENT's confidential or equipment, or services famished by others, or over the proprietary information if the CLIENT has previously Contractor's methods of determining prices, or over advised RLK in writing of the specific information competitive bidding or market conditions, RLK cannot considered by the CLIENT to be confidential or and does not guarantee that proposals, bids, or actual proprietary. CLIENT may include information about Construction Cost will not vary from opinions of RLK in promotional materials, advertising and other probable Construction Cost prepared by RLK. If display of the project plans and information if the Project CLIENT wishes greater assurance as to probable is built and finished substantially as designed. Construction Cost, CLIENT shall employ an independent cost estimator. VII. SUCCESSORS, ASSIGNS, AND B. RLK's estimates for the amount of fees and expenses for BENEFICIARIES its services are based on the best information available to RLK and is not a guaranteed maximum price. In A. CLIENT and RLK each are hereby bound and the addition, changes in the scope of the services, schedule, partners, successors, executors, administrators and legal budget or occurrence of unforeseen conditions or representatives of CLIENT and RLK are hereby bound to circumstances, will result in adjustments to RLK's the other party to this Agreement and to the partners, estimates for its fees. successors, executors, administrators and legal representatives (and said assigns) of such other party, in VI. USE OF DOCUMENTS respect of all covenants, agreements and obligations of this Agreement. A. All drawings, specifications or other documents prepared B. Neither CLIENT nor RLK may assign, sublet, or transfer by RLK for the Project are instruments of RLK's service, any rights under or interest (including, but without and RLK shall retain ownership, and all common law, limitation, moneys that are due or may become due) in statutory or other reserved rights, including copyright and this Agreement without the written consent of the other, including the right of reuse at the discretion of RLK, except to the extent that any assignment, subletting, or whether or not the Project is completed. transfer is mandated or restricted by law. Unless B. Copies of Documents that may be relied upon by specifically stated to the contrary in any written consent CLIENT are limited to the printed copies (also known as to an assignment, no assignment will release or discharge hard copies) that are signed or sealed by RLK. Files in the assignor from any duty or responsibility under this electronic media format of text, data, graphics, or of other Agreement. types that are furnished by RLK to CLIENT are only for C. Unless expressly provided otherwise in this Agreement: convenience of CLIENT. Any conclusion or information 1. Nothing in this Agreement shall be construed to obtained or derived from such electronic files will be at create, impose, or give rise to any duty owed by the user's sole risk. CLIENT or RLK to any Contractor, Contractor's C. When transferring documents in electronic media format, subcontractor, supplier, other individual or entity, or RLK makes no representations as to long -term to any surety for or employee of any of them. compatibility, usability, or readability of documents 2. All duties and responsibilities undertaken pursuant resulting from the use of software application packages, to this Agreement will be for the sole and exclusive operating systems, or computer hardware differing from benefit of CLIENT and RLK and not for the benefit those used by RLK at the beginning of this Project. of any other party. D. CLIENT may make and retain copies of Documents for information and reference in connection with use on the VIII. HAZARDOUS ENVIRONMENTAL Project by CLIENT. Such Documents are not intended or CONDITIONS represented to be suitable for reuse by CLIENT or others A. Both parties acknowledge that RLK's scope of services on extensions of the Project or on any other project. Any does not include any services related to a Hazardous such reuse or modification without written verification or Environmental Condition. In the event RLK or any other adaptation by RLK, as appropriate for the specific party encounters a Hazardous Environmental Condition, purpose intended, will be at CLIENT's sole risk and RLK may, at its option and without liability for without liability or legal exposure to RLK or to RLK's consequential or any other damages, suspend Consultants. CLIENT shall defend, indemnify and hold performance of services on the portion of the Project harmless RLK and RLK's Consultants from all claims, affected thereby until CLIENT: (i) retains appropriate damages, losses, and expenses, including attorneys' fees specialist consultant(s) or contractor(s) to identify and, as arising out of or resulting therefrom. E. If there is a discrepancy between the electronic files and appropriate, abate, remediate, or remove the Hazardous the hard copies, the hard copies govern. Environmental Condition; and (ii) warrants that the Site is F. RLK shall have the right to include photographs, in full compliance with applicable Laws and Regulations. drawings and information on the Project in public B. CLIENT acknowledges that RLK is performing relations and marketing materials; and to submit professional services for CLIENT and that RLK is not photographs, drawings and information to design and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous Page 3 of 5 ��1 r� . `�►.t_ K ( ` 4C0RPOKATED 7 Ille ATTACHMENT A - GENERAL CONDITIONS substances, as defined in the Comprehensive in any way related to the Project or Agreement from any Environmental Response, Compensation, and Liability cause or causes, including but not limited to the Act (CERCLA), which are or may be encountered at or negligence, professional errors or omissions, strict near the Site in connection with RLK's activities under liability or breach of contract or warranty of RLK or this Agreement. RLK's Consultants, which exceed the limit of liability as set forth in the previous paragraph. CLIENT further IX. ALLOCATION OF RISKS agrees to obtain insurance, if available , to cover these indemnification obligations. A. To the fullest extent permitted by law, RLK shall F. To the fullest extent permitted by law, and not indemnify and hold harmless CLIENT, CLIENT's withstanding any other provision in the Agreement, RLK officers, directors, partners, and employees from and and RLK's officers, directors, partners, employees, against any and all costs, losses, and damages (including agents, and RLK's Consultants shall not be liable to but not limited to all fees and charges of consultants, CLIENT or anyone claiming by, through, or under architects, attorneys, and other professionals, and all CLIENT for any special, incidental, indirect, or court or arbitration or other dispute resolution costs) consequential damages whatsoever arising out of, caused solely by the negligent acts or omissions of RLK resulting from, or in any way related to the Project or the or RLK's officers, directors, partners, employees, and Agreement from any cause or causes, including but not RLK's Consultants in the performance and furnishing of limited to any such damages caused by the negligence, RLK's services under this Agreement. professional errors or omissions, strict liability or breach B. To the fullest extent permitted by law, CLIENT shall of contract, or warranty express or implied of RLK or indemnify and hold harmless RLK, RLK's officers, RLK's officers, directors, partners, employees, agents, or directors, partners, employees, and RLK's Consultants RLK's Consultants, or any of them. from and against any and all costs, losses, and damages G. If the CLIENT makes or causes to be made any (including but not limited to all fees and charges of alteration, change, amendment or additions of any kind in consultants, architects, attorneys, and other professionals, the contract documents or RLK's instruments of service, and all court or arbitration or other dispute resolution the CLIENT shall be solely responsible for any and all costs) caused solely by the negligent acts or omissions of damages, liability and consequence resulting therefrom. CLIENT or CLIENT's officers, directors, partners, The CLIENT agrees to defend, indemnify and hold employees, and CLIENT's consultants with respect to harmless RLK and its agents and consultants from and this Agreement or the Project. against all claims, damages, losses and expenses, C. To the fullest extent permitted by law, RLK's total including, but not limited to attorneys' fees arising out of liability to CLIENT and anyone claiming by, through, or or related directly or indirectly to any alteration, change, under CLIENT for any cost, loss, or damages caused in amendment or addition to the contract documents or part by the negligence of RLK and in part by the instruments of service. negligence of CLIENT or any other negligent entity or individual, shall not exceed the percentage share that X. PAYMENTS FOR SERVICES AND RLK's negligence bears to the total negligence of REIMBURSABLE EXPENSES CLIENT, RLK, and all other negligent entities and individuals. A. Preparation of Invoices. Invoices will be prepared in D. To the fullest extent permitted by law, and accordance with RLK's standard invoicing practices and notwithstanding any other provision of this Agreement, will be submitted to CLIENT by RLK, unless otherwise the total liability, in the aggregate, of RLK and RLK's agreed. officers, directors, partners, employees, agents, and B. Invoices are due and payable upon receipt. Invoices not RLK's Consultants, and any of them, to CLIENT and paid within 30 days of the date rendered will be assessed anyone claiming by, through, or under CLIENT for any a finance charge of one percent per month, or fraction and all claims, losses, costs, or damages whatsoever thereof, for each month beyond 30 days past due. arising out of, resulting from or in any way related to the CLIENT will be responsible for all expenses incurred by Project or the Agreement from any cause or causes, RLK in the collection of any unpaid invoice, including including but not limited to the negligence, professional the actual attorneys' fees and costs charged by its legal errors or omissions, strict liability or breach of contract, counsel. or warranty express or implied of RLK or RLK's officers, C. In the event of legislative actions after the effective date directors, partners, employees, agents, or RLK's of this Agreement by any level of government that Consultants, or any of them, shall not exceed the total imposes taxes, fees, or costs on RLK's services or other compensation received by RLK under this Agreement or costs in connection with this Agreement or compensation $50,000, whichever is greater. therefore, such new taxes, fees, or costs shall be invoiced E. To the fullest extent permitted by law, CLIENT agrees to to and paid by the CLIENT. Should such taxes, fees, or defend, indemnify and hold harmless RLK and RLK's costs be imposed, they shall be in addition to RLK's officers, directors, partners, employees, agents, and estimated total compensation. RLK's Consultants from any and all claims, losses, costs, D. RLK shall have the right to suspend work or withhold or damages whatsoever arising our of, resulting from or completed work on the Project, or any other project in Page4of5 1 l7 ATTACHMENT A - GENERAL CONDITIONS progress between the CLIENT and RLK if payments are 1. change in instruction or approvals given by the not timely received upon five (5) calendar days' notice to CLIENT that necessitate revisions in Instruments of the CLIENT. RLK shall have no liability whatsoever to Service; the CLEINT for any costs or damages as a result of such 2. enactment or revision of codes, laws or regulations suspension caused by any breach of this Agreement by or official interpretations which necessitate changes the CLIENT. to previously prepared Instruments of Service; E. RLK retains the right not to seal drawings produced for 3. significant change in the Project including, but not any phase of this Project until all invoices previously limited to size, quality, complexity, schedule, billed have been paid in full. If a performance schedule budget or procurement method; is involved in the work, any time lost while work is 4. failures of performance on the part of the CLIENT, suspended due to non - payment will be added to the end the CLIENT's consultants or the Contractor; and of any such schedule. If the work is suspended for a 5. preparation for, attendance at and follow up after a period longer than 60 days, RLK shall retain the right to public hearing, dispute resolution proceeding or charge a restart fee, to be negotiated and paid prior to other legal proceeding except where RLK is a party resumption of the work. thereto. F. In the event of a disputed or contested invoice, only that This list is not meant to be an exhaustive list of circumstances portion so contested may be withheld from payment, and under which an adjustment in compensation and schedule shall the undisputed portion will be paid. be made. G. CLIENT shall pay RLK for Reimbursable Expenses. The amounts payable to RLK for Reimbursable Expenses will XII. GENERAL CONSIDERATIONS be the Project- related internal expenses actually incurred A. This Agreement is to be governed by the laws of the State or allocated by RLK, plus all invoiced external of Minnesota. Reimbursable Expenses allocable to the Project, the latter B. All express representations, indemnifications, or multiplied by a Factor of 1.15. limitations of liability included in this Agreement will H. Whenever compensation to RLK herein is stated to survive its completion or termination for any reason. include charges of RLK's Consultants, those charges C. Any provision part of the Agreement held to be void or shall be the amounts billed by RLK's Consultants to RLK unenforceable under any laws or regulations shall be times a Factor of 1.15. The external Reimbursable deemed stricken, and all remaining provisions shall Expenses and RLK's Factors include RLK's overhead and profit associated with RLK's responsibility for the continue to be valid and binding upon CLIENT and RLK. administration of such services and costs. D. This Agreement represents the entire and integrated I. If the CLIENT fails to make payment to RLK in agreement between RLK and CLIENT. Extra work or accordance with the payment terms herein, this shall changes in the work shall be by Design Change Notice or constitute a material breach of this Agreement and shall Client's extra work order only. Upon acceptance in be cause for termination by RLK. writing by both RLK and CLIENT, all such extra work or J. Payment of invoices is in no case subject to unilateral changes shall be incorporated herein. discounting, backcharges or set -offs by the CLIENT, and payment is due regardless of suspension or termination of this Agreement by either party. XL CHANGES IN WORK A. Change in services of RLK, including services required of RLK's Consultants, may be accomplished after execution of this Agreement by Design Change Notice or other writing signed by both parties. In the absence of a mutual agreement in writing, RLK shall notify the CLIENT prior to providing such additional services. If the CLIENT deems that all or a part of the additional services are not required, the CLIENT shall give prompt written notice to RLK and RLK shall have no obligation to provide those services. Except for a change or additional services due to the fault of RLK, a Design Change Notice shall entitle RLK to an adjustment in compensation and to any reimbursable expenses for doing the additional work. B. The following circumstances affect RLK's services for the Project and RLK shall be entitled to additional compensation and an adjustment in schedule should any of these arise: Page 5 of 5 RLK ( INCORPORATRI? ) 1L ATTACHMENT B Professional Services Rate Schedule Effective: July 1, 2011 - June 30, 2012 Professional Engineering Services Hourly Rates Principal Engineer 175.00 Sr. Professional Engineers 130.00 - 160.00 Professional Engineers 95.00 - 125.00 Project Engineers (EIT) 55.00 - 80.00 Sr. Engineering Technicians 85.00 - 115.00 Engineering Technicians 45.00 - 75.00 Engineering Intems 45.00 Professional Landscape Architecture Services Hourly Rates Principal Landscape Architect 160.00 Landscape Architects 80.00 - 125.00 Landscape Designers 55.00 - 65.00 Landscape Architect Interns 45.00 Professional Planning Services Hourly Rates Principal Planner 160.00 Senior Land Development Specialists 160.00 Senior Planners/Economic Development Director 125.00 Planners 60.00 - 75.00 Planning Interns 45.00 Professional Land Survevine Services Hourly Rates Principal Land Surveyor 175.00 Sr. Professional Land Surveyors 120.00 - 150.00 Professional Land Surveyors 95.00 - 115.00 Land Surveyors In Training 65.00 - 110.00 Land Survey Technicians 45.00 - 80.00 Land Survey Interns 45.00 2- Person Land Survey Crews 115.00 - 155.00 GPS/Robotic Operators 100.00 GPS Equipment Rental 40.00 Project Support Services Project Manager Assistants 70.00 - 85.00 Administrative Assistants 45.00 Unless otherwise stated, charges for direct costs for printing and reproduction, special fees, permits, subcontracts and other out -of- pocket expenses will be calculated on a basis of actual cost plus fifteen (15) percent. Mileage, when charged, will be billed at the current per diem rate as authorized and allowed by the Internal Revenue Service. 1 ig N1/2 Section 19, T.27N., R. 23W. City of Eagan i - - • ' f 1°1 1 __ .Y. .. / , s s u s .o .: '�� ✓� ��I S l Esy� a. xa ,� ‘ r ..: .r / ... ' /4" A k 0 01 .. .t 11: ---" 7, \ i i, „.. i i jw direitol S�I c a i i'aa '® °�• r ,,Ify°40 V '','' j ` r 4 Q n �S • rdi c.v..... D.... . DAKOTA COUNTY, MINNESOTA Beallps fdefep[etl8WS v e a m, .m.«..,.m....e:...r,.e,..,,..,r Property Map odm. r .e. .pm.rmrmm�r. . m.. m. m .. ea w...4,1. - Idea Oele Of 100 Fe013, ]OtZ 00 of PhdWnpM1/: Apr 15, 1880 ( mn ti • �a� Agenda Information Memo Eagan Economic Development Authority Meeting Old Business March 20, 2012 1. CEDAR GROVE REDEVELOPMENT PRELIMINARY REDEVELOPMENT AGREEMENT ACTION TO BE CONSIDERED: To approve an Extension of the Amended and Restated Preliminary Redevelopment Agreement between the Eagan Economic Development Authority and Pratt Development LLC and authorize the EDA President and staff to execute the documents. FACTS: • In 2007, the EDA issued an RFP for a Master Developer for the core area of the Cedar Grove Redevelopment District. The RFP approach was intended to have a single development entity responsible for the overall planning and implementation of the new development activities in the core. As an outcome of that process, the Doran Pratt development team was chosen to serve in that capacity and a Preliminary Redevelopment Agreement was executed by the EDA and that partnership in August, 2007. It was subsequently extended in August, 2008. • In the time since, the development team has done financial analysis and approached a number of development partners to attempt to implement the residential projects anticipated in the Phase I concept, but the market, economy and lending environment limited new activity in the district. • In December, 2010, Mr. Doran withdrew from the development partnership for personal reasons. . • At that time, it was determined that the EDA's other master development partner, Len Pratt, was in a position to proceed with the master developer responsibilities and Mr. Pratt proposed to add a broker team from Cassidy Turley, including Jim McCaffrey, to the development team to cast a wider net for business and development prospects that may be attracted to the redevelopment district. • In March, 2011, the EDA approved an Amended and Restated Preliminary Redevelopment Agreement between the EDA and Pratt Development, with a provision that Pratt and Cassidy Turley would also have a formal listing agreement for the Cedar Grove core area property for through March 16, 2012 or a mutually agreed upon later date. • The proposed Amendment contemplated more aggressive broker marketing of the redevelopment area to a wider market of prospective businesses and developers. It is feasible that some prospects that could pay market rates for land and generate significant TIF revenue may fall at the edges of the City's vision or outside it. In contrast, some prospects that align most closely with the high density, mixed use I a vision may continue to require land price considerations or may not be as market supportable in the near term. • In that regard, the EDA provided feedback regarding the value of the broader approach to attract interest and activity in the area, while reinforcing the need for development proposals to meet the walkability, transit orientation and quality finish requirements of the zoning district and the vision for the area. • In that vein, Pratt Development and Cassidy Turley have pursued a substantial number of prospects in a range of areas and, given progress in that regard, staff is proposing that the Preliminary Redevelopment Agreement be extended for an additional year. ATTACHMENTS: • Pratt Development letter on page /A� • Amended Agreement enclosed on pages � through Q F. lab February 29, 2012 0 CI ;T:! Jon Hohenstein Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cedar Grove Dear Mr. Hohenstein, On behalf of Pratt Development, Inc., this letter is to formally request that the Preliminary Redevelopment Agreement, as amended and restated, by and between Eagan Economic Development Authority, the City of Eagan and Pratt Development, Inc. be extended for one year, to March 16, 2013. Sincer- eonard W. Pratt LWP /rm lgL Pratt Homes Corporate Office • 3500 Willow Lake Blvd., Suite 100 • Vadnais Height, Minnesota 55110 Office (651) 429 -8032 • Fax (651) 429 -0255 I(7 4 Vi FIRST EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT THIS FIRST EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT ( "Extension ") is made this day of March 2012, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the "EDA "); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City "); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as the "Redeveloper "). (The City and Redeveloper are hereinafter collectively referred to as the "Parties. ") WHEREAS, the City and Redeveloper entered into an Amended and Restated Preliminary Redevelopment Agreement dated March 15, 2011 (the "Redevelopment Agreement "); and WHEREAS, the Redevelopment Agreement identified Redeveloper as the Master Developer for the Core Area of the Cedar Grove Redevelopment District (the "Redevelopment Property ") as generally depicted on Exhibit "A;" and WHEREAS, the Redevelopment Agreement granted Redeveloper certain exclusive rights to the Redevelopment Property until March 16, 2012; and WHEREAS, the Parties are desirous of extending the term of the Redevelopment Agreement and expanding the scope of the Redevelopment Property, all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AMENDMENT OF REDEVELOPMENT AGREEMENT. Paragraph 2 of the Redevelopment Agreement is hereby amended to read as follows: UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City and Redeveloper in pursuing the undertakings set forth herein, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. Said exclusive rights shall continue, unless earlier terminated, as provided for herein, until March 16, 2013, or until such later date as the Parties may mutually agree. 2. REDEVELOPMENT PROPERTY. The Redevelopment Property shall consist of the properties outlined on the attached Exhibit "A." Imo" 3. No ADDITIONAL AMENDMENTS. Except as amended by paragraphs 1 and 2 above, all other terms of the Redevelopment Agreement shall remain in full force and effect. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk PRATT DEVEL• ' ENT, INC., a Minnesota .rpor:lion By: F eonard Pratt Its: President 2 i()1( e STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of March 2012, by Mike Maguire and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of March 2012, by Mike Maguire and Christina M. Scipinoi, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF A ) Wtr..s E`{ The foregoing was acknowledged before me this 1 y day of March 2012, by Leonard Pratt, the President of Pratt Development, Inc., a Minnesota corporation, on behalf of the corporation. a 69604 , -v-c , ,& clA44:1 Notary Public THIS INSTRUMENT WAS DRAFTED BY: Vn ` „ DOUGHERTY, MOLENDA, SOLFEST, HILLS f; ROXANNE R. MARISTUEN r Notary public- Minnesota & BAUER P.A. My C yr m ssicn Expires Jan 31, 2015 7300 West 147th Street, Suite 600 f' � Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 - 26768) 3 1a7 yr ii______________..... /o s . ' 1 �-_ � -i / :****4 P . .// / ry e • � �'��- 1 s � p, . , c., .6 s r . 4. 4„ ')\'‘k a. ' . „� Legend 9 1, •Isa . • 3 r8rr Agreement Area N.\\ • 1I . ❖.•.' Exception Parcels ,.,...\\ � 1 .e. P if .&' ~ Full TIF District _Air �z � � a a ����� Parcel II Exhibit A • Feet N 1)-)S7 Agenda Information Memo Eagan Economic Development Authority Meeting March 20, 2012 F. ORGANIZATIONAL BUSINESS 1. Election of Officers ACTION TO BE CONSIDERED: To elect/appoint officers of the Eagan Economic Development Authority. FACTS: • As a part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary/Deputy Director. • In 2011, the officers of the Authority were as follows: President: Mike Maguire Vice President: Gary Hansen Treasurer: Meg Tilley Executive Director: City Administrator Tom Hedges Secretary/Deputy Executive Director: Community Development Director Jon Hohenstein 2. 2012 Meeting Schedule — No Action Necessary FACTS: • Under its bylaws, the Eagan Economic Development Authority's regular meetings are scheduled to coincide with the regular meetings of the City Council. • At its meeting of December 1, 2003, the EDA confirmed the meeting schedule defined in the bylaws and adopted a mechanism by which the Authority may cancel such meetings as a part of the adoption of the City Council agenda if no EDA business is in order on that date. Staff is recommending that this schedule and process continue for 2011. 3. Single Action for EDA and Council Resolutions — No Action Necessary FACTS: • In 2004, the City Council also adopted a process by which the actions that are required to be taken by both the City Council and the EDA can be accomplished through a single motion. Under this process, the Council meeting remains in session (does not recess) when the EDA meeting is convened. For each business item that requires an action by both the EDA and the Council, two resolutions are included in the background and one motion by the Council, also hearing the item as the EDA, approves both resolutions. At the completion of the EDA Business items, the EDA meeting is adjourned and the remainder of the Council meeting is completed. /aPf Agenda Information Memo Eagan Economic Development Authority Meeting March 20, 2012 G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. ) 30