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09/19/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 19, 2012 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS "! IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A A. APPROVE MINUTES IC1 B. PERSONNEL ITEMS c�\ C. APPROVE Check Registers ,-2a D. AUTHORIZE issuance of banking services Request for Proposals a3 E. APPROVE Amendments to the Minnesota Valley Transit Authority(MVTA) Joint Powers Agreement and APPROVE a Resolution to Ratify the Revised MVTA Bylaws �9 F. APPROVE annual maintenance agreement for Contract 12 -08 conduit /fiber to mp Nexlevel 4a G. AUTHORIZE comments to the Dakota County Board regarding tax forfeit parcels located in Eagan H. DIRECT preparation of amendment to City Code Section 11.66 regarding floodplain districts and regulations I. APPROVE Final Payment for Contract 12 -06, 2012 Water Quality/ Storm Sewer Improvements �J. RECEIVE Final Assessment Report for Project No. 1058 — Oslund Timberline (Pine Ridge Drive) — Street Improvements and Schedule Public Hearing for October 16, 2012 lJ ® K. RECEIVE Final Assessment Report for Project No. 1070 — Oak Chase 4th (Oak Chase Circle) — Street Improvements and Schedule Public Hearing for October 16, 2012 L. RECEIVE Final Assessment Report for Project No. 1071 — Signal Point/ Knob Hill Professional Park— Street Improvements and Schedule Public Hearing for October 16, 2012 C% M. RECEIVE Final Assessment Report for Project No. 1072 — Boulder Ridge (Heine Court) — Street Improvements and Schedule Public Hearing for October 16, 2012 53 N. RECEIVE Final Assessment Report for Project No. 1078 — Johnny Cake Ridge Road (Diffley Road to Teal Cove) — Street Improvements and Schedule Public Hearing for October 16, 2012 I 0. RECEIVE Final Assessment Report for Project No. 1079 — Denmark Avenue (Lone Oak Road to south Sam's entrance)/ Clubview Drive - Street Improvements and Schedule Public Hearing for October 16, 2012 P. Receive Petition to Remove Parking Restrictions on Gold Trail and Schedule a Public Hearing for October 16, 2012 S9 Q. APPROVE Preparation of Plans & Specifications for Contract 12 -12, Cedar Grove Boulevard Grading tb R. APPROVE a Joint Powers agreement to establish and participate in the Minnesota Structural Collapse /Technical Rescue Task Force rl � S. ADOPT a resolution accepting a $3,250 donation from the Eagan Citizen's Crime Prevention Association and authorize a corresponding budget adjustment 93 T. RATIFY Engineering Study with Xcel Energy for Pipeline Relocation in Cedar Grove Redevelopment District 9(D U. APPROVE an amendment to the JPA with the MN Bureau of Criminal Apprehension regarding computer investigations V. PUBLIC HEARINGS A. VARIANCE — Douglas Swetland. A Variance of 8' to the required 30' structure setback from nn public right -of -way for a garage addition located at 4566 Ches Mar Drive " 1 B. FINAL Assessment Hearing, Project No. 1016R, Ames Crossing Road — Street and Utility ,II Improvements C. FINAL Assessment Hearing, Project No. 1047, Johnny Cake Ridge Road (Cliff Road to Apple Valley border) — Street Improvements D. FINAL Assessment Hearing, Project 1076, Slater Road (South of Storland Road)/ O, Whispering Woods 4th -5th —Street Improvements 1 E. FINAL Assessment Hearing, Project No. 1080, Rahn Road (Shale Lane to Cedar Grove Parkway) —Street Improvements F. VACATE Public Service Road Easement, Lot 2, Block 1 Cedar Industrial Park VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. AD A. B. C. D. E. MINISTRATIVE AGENDA City Attorney City Council Comments City Administrator Director of Public Works Director of Community Development Xl. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT I 401� City of Eagan ms TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 14, 2012 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 19, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 19, 2012 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 19, 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 August 15 Special City Council meeting, August 28 Special City Council goals retreat meeting and the September 4, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of August 15, 2012 Special City Council meeting are enclosed on pages through 6 . • Minutes of August 28, 2012 Special City Council meeting are enclosed on page 9 • Minutes of September 4, 2012 Regular City Council meeting are enclosed on pages k® through -Ab—. pal MINUTES SPECIAL CITY COUNCIL MEETING WEDNESDAY, AUGUST 15, 2012 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present Councilmembers Bakken, Fields, Hansen and Tilley. Mayor Maguire arrived at 5:43 p.m. City Staff present: City Administrator Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Public Works Director Matthys, Director of Community Development Hohenstein, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald, Director of Communications Garrison, Superintendent of Parks Olson, Chief Financial Officer Pepper, Superintendent of Enterprise Operations Mesko, Finance Intern Miller, and Dan Cook, IT Manager. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. JOINT MEETING WITH THE ADVISORY PARKS AND RECREATION COMMISSION (APrC) • 2012 -2013 APrC Work Plan City Administrator Hedges introduced the item and noted that it is the practice of the City Council to meet with each of their advisory commissions at least once per year. Acting Mayor Bakken welcomed the (APrC) Advisory Parks and Recreation Commission members to the meeting. Each of the Commissioners introduced themselves to the City Council. Director of Parks and Recreation Johnson gave a brief summary of the Commission's purpose, and introduced Chair, Laurie Halvorson. Chair Halvorson gave an overview of the proposed work plan and goals for 2012 -13. The Council and the members of the APrC discussed the work plan and goals adopted at the June 18, 2012 APrC meeting. The City Council gave direction to add the 2012 -2013 Advisory Parks Commission Work Plan and Goals to a future consent agenda for formal consideration. • 2013 -2017 Parks Capital Improvement Program City Administrator Hedges introduced the 2013 -2017 Capital Improvement Plan for Parks and Recreation noting the funding for the CIP has historically come from the Park Site Fund, and beginning with the 2012 budget, the City Council designated a $400,000 tax levy allocation to the Park Systems Development and Renewal and Replacement Fund. Hedges stated that the CIP proposal presented by the APrC to the City Council encompasses 2013 through 2017. Special City Council Minutes August 15, 2012 Page 2 Director of Parks and Recreation Johnson summarized the proposed 2013 -2017 CIP proposal. Johnson introduced Superintendent Olson who provided a presentation of the specific CIP projects proposed for 2013. Council discussed the issues. Mayor Maguire thanked the Advisory Parks and Recreation Commission members. The City Council gave direction to add the 2013 Parks and Recreation Capital Improvements Program to a future consent agenda for formal consideration. IV. 2013 GENERAL FUND BUDGET AND TAX LEVY City Administrator Hedges introduced the item noting that preparation of the 2013 preliminary General Fund Budget and 2013 tax levy has been ongoing since April 2012. Hedges added that the appropriations in the current 2013 preliminary budget total $28,854,000. The proposed General Fund Budget reflects an increase of $814,000, or 2.9 percent over the 2012 budget. Hedges provided an overview of the proposed General Fund Budget as it relates to specific departments and operations, and also summarized the public policy issues for the City Council's consideration. Assistant City Administrator VanOverbeke and Chief Financial Officer Pepper provided additional background pertaining to market value, total tax capacity and local tax capacity trends. Mr. Hedges noted that the City is required to certify a proposed payable 2013 Property Tax Levy to the County Treasurer- Auditor on or before September 17, 2012. Hedges added that formal action on the levy and the preliminary 2013 General Fund Budget are scheduled for the regular City Council meeting on September 4, 2012. Modifications to the 2013 budget and department adjustments as directed by the City Council can continue beyond the September 17 deadline with final levy certification and budget action scheduled for the December 18, 2012 regular City Council meeting. Hedges added the final Property Tax Levy that is due at the County no later than December 28, 2012 can be decreased but cannot be increased from the preliminary certification. The City Council discussed the proposed 2013 budget and the proposed payable 2013 Property Tax Levy. The Council reviewed three proposed staffing positions that were not included in the preliminary budget proposal. There was consensus for the senior management team to continue to review the positions, and it was noted that the positions would not impact the levy. There was Council consensus that the budget level at a 2.9 percent increase and a levy increase of 3.3 percent is appropriate. It was noted that even with a 3.3 percent levy increase, the average Eagan taxpayer would see a slight decrease on the City portion of taxes in large part due to declining property values. V. 2013 CIVIC ARENA BUDGET City Administrator Hedges introduced the item noting the Civic Arena budget is presented to the City Council in advance of other enterprise fund budgets as operations run on a September 1 year, matching the ice rental business season. Hedges noted the 2013 Civic Arena budget is balanced and is increasing by 7.93 percent from $963,200 in 2012 to $1,039,600 in 2013. It was noted that the proposed budget also includes a $10 increase in prime -time hourly ice rates; however, even with the increase, this positions the Eagan Civic Arena as having one of the lowest ice rental in the area. I Special City Council Minutes August 15, 2012 Page 3 The City Council discussed the proposed budget. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the 2013 Civic Arena Budget, 2012 -2013 rates, and the purchase of 2013 capital outlay items as presented. Aye: 5 Nay: 0 VI. ACCESSEAGAN FIBER UPDATE City Administrator Hedges introduced the item as an update on the City's AccessEagan fiber network. Assistant City Administrator VanOverbeke provided an overview on construction status, future issues and implementation steps of the City's fiber network. VanOverbeke also noted that Phase I is almost complete and Phase II fiber has been ordered and expected to be installed by the end of August. Modifications have begun in the network room at the Fire Safety Center to provide for fire suppression. There was Council consensus to proceed with the fire suppression /HVAC improvements as proposed. Assistant City Administrator VanOverbeke discussed the implementation steps noting the timeline proposed, including the soft launch in October 2012. The Council concurred with the proposed timeline and concept of a soft launch. The Council acknowledged that technology support is currently contemplated to be provided by existing staff, and contractual assistance through LOGIS with the possibility of a full -time staff person proposed for 2013. VanOverbeke noted that a City Code amendment will be needed in preparation for the launching of AccessEagan, and there was Council consensus that the amendment be brought back to a regular City Council meeting for formal consideration. The Council directed the proposed AccessEagan rate structure be reviewed by the Finance Committee prior to coming back to the Council as a whole. The Council directed that staff be given discretion to adjust rates by up to 10 percent (compared to the rate structure proposed by the consulting firm of Design 9) in order to respond to market demands. The Council directed any further changes needed to the rates should go before the Finance Committee for review and recommendation to the Council as a whole. Assistant City Administrator VanOverbeke gave an overview of the marketing plan noting that Director of Communications Garrison has analyzed the stakeholders to be addressed in a marketing effort as well as various options to reach those stakeholders. The stakeholders identified by Director Garrison include local industry users, two types of providers — those currently in the Twin Cities and those not currently in the Twin Cities, and the general public, with the general public including a Legislative awareness component. VanOverbeke also noted that the estimated start up cost of this one -year plan would be $71,000 and that a 2013 Fiber Infrastructure Fund Budget is being prepared, and will be presented to the City Council later this year. There was Council consensus to proceed with the marketing plan and budget as proposed. Council directed staff to focus solely on Phases I and II, and not proceed with Phase III at this time and to evaluate fiber /conduit opportunities and partnerships as they become available. The City Council also requested regular updates in writing regarding AccessEagan. 9 Special City Council Minutes August 15, 2012 Page 4 VII. OTHER BUSINESS The City Council directed that an item be included on the August 21, 2012 City Council agenda to cancel the Special City Council meeting scheduled for Tuesday, October 9, 2012 and schedule a Special City Council meeting on Monday, October 22, 2012. VIII. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn at 8:30 p.m. Aye:S Nay:O Date Mayor Clerk MINUTES SPECIAL CITY COUNCIL GOALS RETREAT AUGUST 28, 2012 5:30 P.M. MOONSHINE PARK RETREAT CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant City Administrator Miller, and Fire Chief Scott. I. ROLL CALL AND ADOPTION OF AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye:5 Nay:0 There were no visitors to be heard. II. VISITORS TO BE HEARD III. GOALS UPDATE City Administrator Hedges summarized the progress to -date on the 2011 -2012 City goals. Fire Chief Scott provided an update on volunteer recruitment efforts in the fire department. The City Council discussed the progress made on the City goals. V. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the retreat at 9:20 p.m. Aye:5 Nay:0 Date Mayor Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 4, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 4, 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 Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Communications Director Garrison, Police Chief McDonald, Director of Parks and Recreation Johnson and Executive Assistant Stevenson. AGENDA City Administrator Hedges noted Item B. under Public Hearings — Certification of delinquent false alarm bills was cancelled because all false alarm bills have been paid. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented /modified. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATION Police Chief McDonald presented the swearing -in of Police Officer Michael Schneider and Police Officer Calvin Tschida. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of August 21, 2012. B. Personnel Items 1. It was recommended to accept the resignation of Sally Ricard, Parks & Recreation Central Service Aide. 2. It was recommended to approve the hiring of seasonal /temporary employees in Parks & Recreation. C. It was recommended to approve Check Registers dated August 17 and 24, 2012. B. It was recommended accept a grant from the MN Department of Commerce for auto theft prevention. C. It was recommended to accept a grant from Target that will be used to purchase surveillance equipment. D. It was recommended reimbursement from the Eagan Citizens' Crime Prevention Association for the purchase and training of our new K -9 Badger. E. It was recommended to approve Police Liaison services agreement with Independent School District 196. M City Council Meeting Minutes September 4, 2012 2 page H. It was recommended to approve an Agreement for Temporary Contract Building Inspections Services. I. It was recommended to approve the Final Subdivision and Final Planned Development of Nicols Ridge 5th Addition. J. It was recommended to approve the Exempt Permit for Eagan High School Boys Lacrosse Booster Club to hold a raffle on March 14, 2013. K. It was recommended to approve the July 1, 2012 to July 1, 2013 General Insurance Renewal. L. It was recommended to approve Change Order #2 for City Conduit and Fiber Contract 12 -08. M. It was recommended to approve Change Order #8 for City Conduit and Fiber Contract 11 -14. N. It was recommended to approve the Final Payment, Contract 11 -08, Cedar Grove Boulevard. 0. It was recommended to receive the Final Assessment Report for Project No. 1057, Highview Acres - Street and Utility Improvements and Schedule Public Hearing for October 2, 2012. P. It was recommended to receive the Final Assessment Report for Project No. 1060, Tesseract (Tesseract Place) - Street and Utility Improvements and Schedule Public Hearing for October 2, 2012. Q. It was recommended to receive the Final Assessment Report for Project No. 1061, S & W Industrial (Sibley Court) - Street and Utility Improvements and Schedule Public Hearing for October 2, 2012. R. It was recommended to receive the Final Assessment Report for Project No. 1062, Kings Wood /Cutters Ridge /Sherwood Downs - Street and Utility Improvements and Schedule Public Hearing for October 2, 2012. S. It was recommended to receive the Final Assessment Report for Project No. 1063, Chatterton Ponds - Street and Utility Improvements and Schedule Public Hearing for October 2, 2012. T. It was recommended to approve the Resolution to accept a donation of 216 cases of water from Twin Cities Goodtime Softball League to be used for various recreation programs and events. U. It was recommended to approve the donation of used playground equipment from Wescott Park playground to KAW (Kids Around the World) to be recycled and reused in a developing country yet to be identified. V. It was recommended to approve the Resolution consenting to refunding of Ecumen's 2008 housing revenue bonds (to be refinanced through the City of Moorhead). W. Item Removed X. It was recommended ratification of a contract with NPL Construction Company for conduit installation in partnership with Dakota Electric Association Y. It was recommended to schedule a Special City Council meeting on Monday, September 24, 2012 at 5 p.m. Z. It was recommended to approve additional house plans for Stonehaven development. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges noted the City Code allows for collection through certification of delinquent utility bills which are not paid. The City currently has approximately 803 utility bill accounts with delinquent balances. Hedges continued all notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. City Council Meeting Minutes September 4, 2012 3 page Mayor Maguire opened the public hearing, there being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT MOWING BILLS City Administrator Hedges noted the City Code allows for collection of delinquent mowing bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. The City currently has two properties with delinquent mowing bills. Both of these properties have been or are currently somewhere in the foreclosure process. Mayor Maguire opened the public hearing, there being no public comment, he turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent mowing bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VACATE PUBLIC DRAINAGE & UTILITY EASEMENT — OUTLOT A BOULDER LAKES City Administrator Hedges noted on June 20, 2012, City staff received a petition from the property owner, Greg Miller, representing Interstate Partners LLC requesting the vacation of a public drainage and utility easement within Outlot A, Boulder Lakes, located northwest of Lone Oak Road and Ames Crossing Road in northeast Eagan. The easement is a drainage and utility easement covering the entire property and existing public storm sewer along the west edge of the site. Hedges continued a vacation of the public drainage & utility easement is contingent upon approval of the Planned Development Amendment, Final Planned Development, and Final Plat. The Council action on the vacation of easements should be concurrent with Council action on these development items. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing, there being no public comment, turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and continue Item D. Vacate Public Drainage & Utility Easement, Outlot A, Boulder Lakes for motion and approval under New Business Item E. Aye: 5 Nay: 0 There were no items for discussion. OLD BUSINESS �a City Council Meeting Minutes September 4, 2012 4 page NEW BUSINESS CERTIFICATION OF THE PRELIMINARY 2013 BUDGET AND PROPERTY TAX LEVY, AND SETTING OF PUBLIC MEETING DATE ON WHICH THE BUDGET AND LEVY WILL BE DISCUSSED City Administrator Hedges noted the total levy is $28,322,017. Hedges announced the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 4 at 6:30 p.m. in the Council Chambers at which the public will be allowed to speak. Hedges continued the City Council is required by law to certify the proposed payable 2013 budget and property tax levy on or before September 17. The levy can be subsequently decreased, but not increased. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary payable 2013 property tax levy as follows: Operating $26,998,436, Debt service $201,564, Community Center debt service $1,122,017 for a Total levy of $28,322,017. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary 2013 General Fund expenditure budget, including contingency, of $28,854,000. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to set the date for the public hearing of the 2013 levy and budget as December 4, 2012. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT — SIMPLY SELF STORAGE City Administrator Hedges noted the Advisory Planning Commission held a public hearing on August 28, 2012 and is recommending approval. City Planner Ridley gave a staff. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage for up to 18 passenger vehicles, trailers and /or boats on property located at 4025 Old Sibley Memorial Highway, subject to the revised conditions as follows: Aye:S Nay:O 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. The outdoor storage shall be limited to those items approved and located in the outdoor storage area as identified on the Site Plan received August 13, 2012. 3. No additional outdoor storage shall be allowed. 4. The outdoor storage area shall be surfaced with bituminous asphalt as identified on the Site Plan received August 13, 2012, including concrete curb and gutter. 5. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. 6. All parking and storage areas shall be properly maintained to prevent deterioration. �3 City Council Meeting Minutes September 4, 2012 5 page 7. The applicant shall install one fire hydrant at the main entrance with review and approval by the City Engineer. 8. The applicant shall install No Parking Fire Lane signs around the outside perimeter of the property, spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. 9. All outdoor storage shall be brought into compliance within 60 days following City Council approval. 10. The applicant shall replace any landscaping disturbed by the parking area expansion, in a location approved by City staff, by June 1, 2013. CONDITIONAL USE PERMIT— MURPHY WAREHOUSE City Administrator Hedges noted the Advisory Planning Commission held a public hearing on August 28, 2012 and is recommending approval. City Planner Ridley gave a staff. The applicant Richard Murphy gave a summary of the request and was available to answer questions. The Council discussed the issues. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to outdoor storage of trailers and trucks upon property located at 905 Yankee Doodle Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the number and type of vehicles shown on the site plan 3. The storage area shall be maintained in an orderly fashion. 4. All parking and storage areas shall be properly maintained to prevent deterioration. 5. All fencing and landscape trees shall be installed by June 30, 2013. 6. Lock boxes meeting Fire Department specifications shall be installed at all fence gate locations. 7. A Final Landscape Plan shall be submitted which identifies perennial plantings and tree mitigation. 8. Tree mitigation is required in the amount of 37 Category B trees. The Final Landscape Plan should identify the mitigation trees, both in the legend and graphically, in accordance with the tree mitigation obligation pursuant to City Code. All trees shall be planted no later than June 30, 2013. 9. Prior to commencing site work, the applicant shall provide a financial guarantee for the landscaping and tree mitigation in accordance with City Code Section 11.70, Subd. 12 & 13. 10. Prior to release of the CUP for recording, the applicant shall provide a proof of parking plan to show how additional parking for the existing 70 stalls can be accommodated on the site. 11. Parking stalls along the west side shall be 10' wide to provide more space between vehicles for emergency access. 12. Signs shall be subject to compliance with the City Sign Code. A Sign Permit shall be obtained prior to installation of any signs. 13. Building address numbers shall be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. 14. Any new mechanical equipment that may be installed either on the building or on the ground shall be screened in accordance with City Code requirements. \� City Council Meeting Minutes September 4, 2012 6 page CONDITIONAL USE PERMIT AND VARIANCE — HOLIDAY STATION STORES, INC. City Administrator Hedges noted the Advisory Planning Commission held a public hearing on August 28, 2012 and is recommending approval. City Planner Ridley gave a staff report. The applicant Dave Edquist, Manager of Real Estate for Holiday was available to answer questions. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to permit a free - standing accessory car wash, upon property located at 4595 Nicols Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The property shall be developed in accordance with the approved Site Plan dated July 31, 2012. 3. The north wall of the existing building shall be finished with materials to match the rest of the building. 4. The proposed car wash building shall have exterior finish materials to match the principal building. 5. Lighting fixtures should be downcast and shielded to prevent the source of light from being visible from off the property. 6. Entry and exit doors shall be closed during wash /dry cycles. 7. A sign permit is required for all signs prior to installation. 8. Building address numbers shall be installed in accordance with Section 2.78 of the City Code. 9. A Final Landscape Plan, signed by a registered landscape architect, shall be provided at the time of Building Permit application. 10. The unhealthy tree that is being removed shall be replaced with a similar tree. 11. All mechanical equipment shall be screened from off -site views in accordance with City Code standards. Mechanical equipment (rooftop and ground mounted) shall be shown on the plans for Building Permit with the screening methods identified. 12. The rain garden shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long -term maintenance of these rain gardens. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a 10' Variance to the required 20' rear yard structure setback, for a free - standing accessory car wash building, upon property located at 4595 Nicols Road. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT — BOULDER LAKES BUSINESS PARK City Administrator Hedges noted the Advisory Planning Commission held a public hearing on August 28, 2012 and is recommending approval. It includes a Planned Development Amendment and Final Planned Development, a Final Plat and the Vacation item listed under Public Hearings Item D. City Planner Ridley gave a staff report. \6 City Council Meeting Minutes September 4, 2012 7 page The applicant Greg Miller with Interstate Partners was available to answer questions. The Council discussed the issues. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen noted in the August 30, 2012 APC minutes #4 under conditions should read: Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. 9.5' wide parking stalls shall bE provided beneath the canopy along the west side of the lot to provide better access between vehicles in case of emergency. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment and Final Planned Development to construct a single -story office /tech building upon approximately 4.83 acres located north of Lone Oak Road and west of Ames Crossing road, subject to the following conditions as amended: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: a) Final Site Plan b) Final Building Elevations c) Final Landscape Plan d) Final Signage Plan e) Final Site Lighting Plan 2. The property shall be platted. 3. This development consists of a one -story 60,448 s.f. office /tech building. 4. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth.. 9.5' wide parking stalls shall be provided beneath the canopy along the west side of the lot to provide better access between vehicles in case of emergency. 5. The fence enclosing the generators shall have a gate for access. The security gates across the driveways and for the generator area shall have lockboxes with key access for emergency personnel to be able to access these areas in case of fire or other emergency. 6. Rooftop and ground mechanical equipment shall be screened from off -site views. If rooftop mechanical equipment is not fully screened by the parapet wall from ground level views of adjacent properties or streets, a physical screen shall be used in combination with the parapet to attain full screening of the rooftop units. Such screening shall be architecturally compatible with the principal building. 7. Signage in this Planned Development is subject to City Sign Code standards. If a monument sign is installed, it shall be consistent with the monument sign for the one existing building in the Boulder Lakes development with regard to design, size and materials. 8. Building address numbers shall be displayed in accordance with Section 2.78 of the City Code. 9. The applicant shall work with City staff on final tree species selection, subject to approval of the City Forester. 10. The Landscape Plan shall be revised to include shrub beds to achieve screening of 75% at maturity for the parking areas along Ames Crossing Road and Shanahan Way. 11. The applicant shall fulfill required tree mitigation through the installation of five (5) Category B trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. �(0 City Council Meeting Minutes September 4, 2012 8 page 12. A financial guarantee for landscaping shall be provided at the time of building permit issuance, in conformance with City Code requirements. 13. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 14. This development shall be responsible for a cash park dedication payable at the time of building permit issuance, at the rates then in effect. 15. The support pillars, metal fascia and soffits of the canopies shall be in a color that matches the principal building. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Final Plat to create one lot consisting of 4.83 acres. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the vacation of a public drainage and utility easement within Outlet A, Boulder Lakes, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PRELIMINARY SUBDIVSION, FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT — EAGAN CAR CLUB 2ND ADDITION City Administrator Hedges noted the Final Subdivision is not ready for consideration at this time. Hedges continued the Advisory Planning Commission held a public hearing on August 28, 2012 and is recommending approval. City Planner Ridley gave a staff report. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision creating seven lots and two outlots on approximately six acres located on the west side of Highway 3, immediately north of 4135 Highway 3, subject to the following conditions: Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Final Planned Development consisting of seven buildings with a total of 76 storage units and a club house, subject to the following conditions: Aye: 5 Nay: 0 A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The following plans are required for the Agreement: • Site Plan • Building Elevations • Landscape Plan • Tree Mitigation Plan • Lighting Plan 2. Any prospective add -on uses for the club house i.e. accessory product sales and /or service for the storage users shall be identified, reviewed and approved by the City. 3. No unit owner residences or businesses shall be allowed; this shall also be a covenant restriction. 4. No repair work shall occur between 10 PM and 7 AM. 5. A property manager shall be identified and contact information for same shall be provided to the City before any building occupancy. V t City Council Meeting Minutes September 4, 2012 9 page 6. Refuse /recycling containers shall be located indoors. 7. The interior - facing fagade elevations are allowed with a prefinished metal primary surface. 8. The following building facades shall meet the City Code standard for materials and percentage breakdown: Building A: North, south and east Building B: North, south and east Building C: North Building D: North and west Building E: West and east Building F: West, east and south Building G: North, south and east 9. If the proposed parapets do not adequately screen the mechanical equipment, the developer shall provide an alternative screening mechanism. 10. The Developer shall install tree mitigation trees within the temporary easement and in proximity to the conservation easement area as approved by the City. All tree plantings in these areas shall be field verified by City Forestry staff before installation. 11. The developer shall be responsible for replacement of dead or dying material for the first year following complete installation. 12. All signage shall be consistent with City Code signage requirements and require a Sign Permit(s). LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ECONOMIC DEVELOPMENT AUTHORITY There are no items for discussion. There were no items at this time. There were no visitors to be heard. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:57 p.m. Aye: 5 Nay: 0 Date Mayor Clerk 12 Agenda Information Memo September 19, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve hiring of Anthony Dahle, Utility Maintenance Worker. FACTS: • The City Council previously approved to fill this position on August 6, 2012. Item 2. ACTION TO BE CONSIDERED: Approve hiring ofAaron Nelson, Assistant City Engineer. FACTS: • The City Council previously approved to fill this position on July 17, 2012. Item 3. ACTION TO BE CONSIDERED: Accept the resignation of Michael Maurer, Campus Facilities Manager on Duty, effective September 5, 2012, and authorize his replacement. Item 4. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name I Division I Job Title �C� Martin, Lindsey Parks & Rec Art House Instructor Barry, Bruce Parks & Rec Basketball Scorekeeper Gramling, Richard Parks & Rec Basketball Scorekeeper Peterson, Richard Parks & Rec Basketball Scorekeeper Thorton, Megan Parks & Rec Basketball Scorekeeper Truskowski, Austin Civic Arena Building Attendant I Shellenbarger, Sara Parks & Rec Site Coordinator a� Agenda Information Memo September 19, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 31 and September 7, 2012 as presented. ATTACHMENTS: • Check registers dated August 31, 2012 are enclosed without page number. • Check registers dated September 7, 2012 are enclosed without page number. C� \ Agenda Memo September 19, 2012 Eagan City Council Meeting D. Authorize issuance of banlang services Request for Proposals (RFP). ACTION TO BE CONSIDERED: • Authorize staff to issue a Request for Proposals for banking services. FACTS: • Per past guidance from the City Council, an RFP for banking services is to be completed every five years. • The City's current service provider is Anchor Bank. • The last RFP process was completed in 2006. • Staff has prepared a draft RFP document and will be ready to distribute a final version upon approval. Generally, the RFP will be distributed to all banks with a branch located in Eagan. • If so authorized, staff expects under its proposed timeline that a recommendation for banking services provider would be presented to the City Council at its November 20 meeting. ATTACHMENTS: • None. If Council members wish to view a copy of the draft RFP, please contact Tom Pepper in the Finance Department. DD�, Agenda Information Memo September 19, 2012 Eagan City Council Meeting E. APPROVE AMENDMENTS TO THE MINNESOTA VALLEY TRANSIT AUTHORITY(MVTA) JOINT POWERS AGREEMENT AND APPROVE A RESOLUTION TO RATIFY THE REVISED MVTA BYLAWS ACTION TO BE CONSIDERED: To approve amendments to the MVTA Joint Powers Agreement and approve a resolution to ratify the revised MVTA bylaws. FACTS: • The Minnesota Valley Transit Authority (MVTA) is proposing to amend the Joint Powers Agreement (JPA) of the MVTA to add Dakota County and Scott County as new parties under the JPA. • The revised JPA also includes formation of a Bond Board to broaden the MVTA's financing capabilities • Given the amendments to JPA, a resolution to ratify amendments to the MVTA bylaws has also been requested. • All cities and counties that are named in the JPA of the MVTA have been asked to take official action to approve the revised JPA and bylaws. • The City Attorney has reviewed both the revised JPA and bylaws and is recommending approval. ATTACHMENTS: • Enclosed on pages .a� through jb is the proposed JPA as amended. • Enclosed on pages ?A through �5 are the proposed bylaws, as amended. • Enclosed on page 30 is a proposed resolution to formally approve the revised MVTA bylaws. c) 3 SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE MINNESOTA VALLEY TRANSIT AUTHORITY THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT ( "Agreement ") is by and among the Cities of Apple Valley, Burnsville, Eagan, Rosemount, and Savage ( "Cities ") municipal corporations organized under the laws of the State of Minnesota, and Dakota County and Scott County ( "Counties "), political subdivisions under the laws of the State of Minnesota. This Agreement amends, restates and replaces the Minnesota Valley Transit Authority ( "MVTA ") Joint Powers Agreement adopted in March 1993 and amended in April 1994 by the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage, and further amended on March 24, 2011. The Agreement is made pursuant to the authority conferred upon the Parties by Minnesota Statutes, Sections 473.384, 473.388, and 471.59 and related statutes. WHEREAS, since 1990, the MVTA has operated as a legislatively- authorized "opt -out" provider of Metropolitan Transit service in and for the areas of the Cities; WHEREAS, the Cities seek to modify the structure of the Board of Commissioners and other related operational terms; and WHEREAS, Dakota County and Scott County have actively participated on the MVTA Board as voting members since 1990 and by invitation of the Board and mutual agreement of the Cities and Counties hereby become Parties to the Agreement. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants contained herein, it is hereby agreed by and among the Cities and Counties: 1. Name. The name of this joint powers organization is the Minnesota Valley Transit Authority, also known as the MVTA. 2. Purpose. The purpose of this Agreement is to provide public transit service in and for persons within the Cities and within the Metropolitan Area pursuant to Minnesota Statutes, Sections 473.388, 473.384, 471.59 and related statutes. 3. Definitions. (A) "MVTA" means the organization created by this Agreement. (B) "BOARD" means the Board of Commissioners of the MVTA. (C) "MVTA BOND BOARD" means the board established under Section 6 of this Agreement. (D) "METROPOLITAN COUNCIL" means the Metropolitan Council as 391535v11 JMS MN455 -1 established by Minnesota Statutes, Section 473.123. (E) "PARTY" means any of the Cities or Counties that has entered into this Agreement. (F) "TECHNICAL WORK GROUP" is a committee consisting of one staff member of each City and County represented on the Board, which shall act as technical advisors to the Board. 4. Parties. The Parties to this Agreement are the Cities of Apple Valley, Burnsville, Eagan, Rosemount, and Savage, and the Counties of Dakota and Scott. Additional Parties may be added by the concurrence of all the existing parties. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Party listed above to be represented on the MVTA so long as such Party continues to exist as a separate political subdivision. Board of Commissioners. (A) Except as otherwise provided under Section 6 hereof, the governing body of the MVTA shall be its Board which will consist of seven (7) voting commissioners. Each Party shall appoint one commissioner, one alternate commissioner, and a staff member who shall serve on the Technical Work Group. The alternate commissioner and the Technical Work Group member may be the same person. The commissioner appointed by each Party shall be a member of that Party's governing body; the alternate commissioner need not be a member of the Party's governing body. Each Party has one vote. If a Party's commissioner is not present at a meeting of the Board of Commissioners, the alternate may vote. Metropolitan Council members who represent the Cities of the MVTA may serve as non- voting ex officio members of the Board. The terms of office of each commissioner and alternate commissioner shall be determined by the Party making the appointment. In January of each year, or as soon thereafter as the Party representatives to the Board are appointed, the Party shall provide to the MVTA in writing the name(s) of the appointed representative(s). (B) A commissioner or alternate may be removed by the Party appointing the commissioner with or without cause. (C) Commissioners and alternates shall serve without compensation from the MVTA. (D) Four commissioners (including alternates, in the absence of commissioners) shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon the affirinative vote of a majority of the commissioners present at a meeting, (E) The Board may adopt Bylaws to govern its meetings. (F) As the first order of business at the January meeting of each year, the Board shall elect a chair, a vice chair, a secretary - treasurer, and such other officers as it 391535v11 JMS MN455 -1 D, deems necessary to conduct its business and affairs. The current chair shall facilitate these elections. In the event that the current chair is no longer his /her Party's representative to the MVTA, the vice chair shall facilitate the election process. In the event that both the vice chair and chair are no longer its Party's representative to the MVTA, the Board shall decide on another Board member to preside over the elections. The newly - elected chair shall then preside over the remainder of the meeting, and all meetings henceforth until a new chair is elected. In no event may an alternate commissioner act as an officer of the Board in the absence of the commissioner who holds that office. 6. MVTA Bond Board. (A) There is hereby established the board designated as the "MVTA Bond Board." The MTVA Bond Board shall consist of seven (7) members, each of whom is a member of the respective Parties' governing body, and is each Party's appointed commissioner on the Board. If both the Board commissioner and the Board alternate appointed by a Party are members of that Party's governing body, only the designated commissioner shall represent that Party on the MVTA Bond Board. In no event shall any alternate commissioner on the Board serve in any capacity on the MVTA Bond Board. The terms of office of each member of the MVTA Bond Board shall be the same as their terms on the Board, determined by each Party as described in Section 5(A). (B) The MVTA Bond Board may issue bonds or obligations on behalf of the Parties, under any law by which any Party may independently issue bonds or obligations, and may use the proceeds of the bonds or obligations to carry out the purposes of the law under which the bonds or obligations are issued; provided that such bonds or obligations shall be issued only to carry out the powers and duties of MVTA described in Section 7 hereof. (C) The MVTA Bond Board may issue bonds and obligations only in accordance with express authority granted by the action of the governing bodies of each Party, which bodies must each approve the Bond Board decision to issue bonds and obligations. The MVTA may not pledge the full faith and credit or taxing power of any Party to any bonds or obligations issued by the MVTA Bond Board. The bonds or obligations must be issued in the same manner and subject to the same conditions and limitations that would apply if the bonds or obligations were incurred by one of the Parties, provided that any reference to a governmental unit in the statute, law, or charter provision authorizing issuance of the bonds or obligations is considered a reference to the MVTA Bond Board. (D) A member of the MVTA Bond Board may be removed by the Party appointing that member with our without cause; provided that if a member is removed fi•om the MVTA Bond Board, that person shall also be deemed removed from the Board; and if a member is removed fi•om the Board, that person shall be deemed removed from the MVTA Bond Board. (E) The rules for compensation under section 5(C) and for quorum under section 5(D) also apply to the MVTA Board. 391535v11 JMS MN455 -1 Oro (F) Bylaws adopted by the Board under Section 5(E) also apply to the MTVA Board. (G) The officers of the MVTA Bond Board shall be the same as the officers of the Board described in Section 5(F). 7. Powers and Duties of the MVTA. (A) General. The MVTA has the powers and duties to establish a program pursuant to Minnesota Statutes, Sections 473.384 and 473.388 to provide public transit service for persons within the Parties and on such routes within the Metropolitan Area that the MVTA may operate to provide such service pursuant to the authority granted the MVTA under Minnesota Statutes, Sections 473.384, 473.388, 16A.88, and other applicable statutes, if any. The MVTA shall have all powers necessary to discharge its duties. (B) The MVTA may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the MVTA. (C) The MVTA may enter into such contracts to carry out the purposes of the MVTA. (D) The MVTA may establish bank accounts as the Board shall from time to time determine. (E) The MVTA may employ an executive director whose duties shall be to administer policies as established by the MVTA. The executive director shall be an employee of the MVTA. The MVTA shall hire and tenninate personnel and provide for compensation, insurance, and other terms and conditions that it deems necessary. (F) The MVTA may enter into a contract for management services. (G) The MVTA may sue or be sued. (H) The MVTA shall cause to be made an annual audit of the books and accounts of the MVTA and shall make and file the report to its Members at least once each year. (I) The MVTA shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the Parties at all reasonable times. (J) The MVTA may contract to purchase services fiom any one of the Parties. (K) The MVTA may finance the acquisition of any real or personal property under a lease - purchase agreement pursuant to Minnesota Statutes, Section 465.71, including without limitation through issuance of certificates of participation in such lease 391535v11 JMS MN455 -1 J11 (together, a "Financing Lease "); and each Party hereby expressly approves and authorizes any Financing Lease entered into by the MVTA on behalf of the Parties. 8 Operating and Capital Costs, Budgets, and Financial Liability. The MVTA shall have a fiscal year beginning January 1 and ending December 31. The executive director shall prepare an estimated budget for the next fiscal year including an estimate of expenditures, operating costs, capital costs and revenues and submit it to the Board for preliminary approval. The executive director shall also submit the preliminary budget to the Parties for comment within thirty (30) days of the date of submittal. The budget shall be deemed approved by a Party unless the Party objects to the preliminary budget within said thirty (30) days. The Board shall approve, or approve as modified, a final budget and submit the final budget by December 15 to the Metropolitan Council for approval. The Board may adjust the budget from time to time on the basis of actual costs incurred or changes in estimated revenue or expenditures. In the event of an adjustment of the budget, the Board shall furnish to each Party a computation of the adjustment. 9. Indemnification. Except as may be otherwise provided in this Agreement, the parties have transferred all to the MVTA all responsibility and control for actions taken pursuant to this Agreement. The MVTA shall defend and indemnify the parties, and their officers, elected officials, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of the acts or omissions of the Joint Powers Board or the Bond Board in carrying out the terms of this Agreement or acts or omissions otherwise occurring in the course of carrying out MVTA operations. This Agreement does not constitute a waiver on the limitations of liability set forth in Minnesota Statutes, Section 466.04. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any party for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single govermnental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la (a), provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for such acts or omissions of the other parties. 10. Insurance. The MVTA shall purchase liability insurance coverage to cover the activities of the MVTA. The MVTA shall provide all Parties with copies of the liability insurance coverage documents. The liability insurance coverage shall provide all Parties with sixty (60) days notice of cancellation, material change or termination of coverage. In the event the liability insurance coverage is cancelled, or otherwise becomes unavailable, the MVTA shall procure similar liability insurance coverage from another entity. The MVTA shall purchase insurance in addition to liability insurance in such amounts and on such terms as the MVTA shall determine. 391535v11 JMS MN455 -1 D 11. Duration of Agreement. This Agreement shall continue in force fi-om the effective date of this Agreement from year to year, subject to withdrawal by a Party or termination by all Parties. Withdrawal by any Party shall be effected by serving written notice upon the other Parties no later than February 15 "' of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any Party at the end of the calendar year shall not affect the obligation of any Party to perform the Agreement for or during the period that the Agreement is in effect. Withdrawal of any Party or termination of the Agreement by all Parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any Party arising out of that Party's participation in the Agreement. 12. Distribution of Assets. (A) In the event of withdrawal of any Party from this Agreement, the Party shall not be reimbursed, except that ownership of a capital asset located within the Party limits of the withdrawing Party that was funded solely with funds levied by the withdrawing Party pursuant to Minn. Stat. § 473.388, Subd. 7 shall be transferred to said Party by the MVTA. (B) In the event of termination of this Agreement by all Parties, all of the assets which remain after payment of debts and obligations that are not (i) required by terms of state statutes, federal statutes, or contracts with the Metropolitan Council or federal agencies to be available for regional use for transit purposes or to be transferred to the Metropolitan Council or federal agencies or (ii) a capital asset located within the Party limits of a Party that was funded solely with funds levied by said Party pursuant to Minn. Stat. § 473.388, Subd. 7 shall be distributed among the Parties to this Agreement immediately prior to its termination, subject to the terms and requirements of obligations issued by one or more municipalities pursuant to Minn. Stat. Section 473.388, Subd. 7, in accordance with the following formula: Each Party shall receive that percentage of remaining assets determined by dividing the total amount the receiving Party contributed to the MVTA by the total amount contributed by all the Parties that are Parties to this Agreement immediately prior to its termination. Ownership of a capital asset located in the Party limits of a Party that was funded solely with funds levied by said Party pursuant to Minn. Stat. § 473.388, Subd. 7 shall be transferred to said Party and ownership of a capital asset contributed by a Party. (C) The amount of the distribution to any Party pursuant to this Agreement shall be reduced by any amounts owed by the Party to the MVTA. 13. Effective Date. This Agreement shall be in Rill force and effect when all seven (7) Parties, delineated in paragraph 4 above, sign this Agreement as amended and restated herein. This Agreement may be signed in counterpart. The signed Agreement shall be filed with the executive director, who shall notify all Parties at the earliest Board meeting of its effective date. 3915350 1 JMS MN455 -1 Adopted this day of , 2012 CITY OF EAGAN By: Its: ATTEST: By: Its: STATE OF MINNESOTA ss. COUNTY OF DAKOTA On this day of 20 , before me a Notary Public within and for said County personally appeared fit and , to be personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. 391535v11 JMS MN455 -1 30 BYLAWS OF MINNESOTA VALLEY TRANSIT AUTHORITY These Bylaws are effective on the effective date of the Second Amended and Restated Joint Powers Agreement ( "Agreement ") of the Minnesota Valley Transit Authority ( "MVTA "). ARTICLE I. DEFINITIONS Section 1. The term "party" herein is defined as a member of the Agreement. Section 2. The term "city" or "cities" herein is defined as the cities of Apple Valley, Burnsville, Eagan, Rosemount, or Savage, or all of them. Section 3. The term "county" or "counties" herein is defined as Dakota County or Scott County, or both of them. Section 4. The term "Technical Work Group" is a committee consisting of one staff member of each party which shall act as technical advisors to the Board of Commissioners. Section 5. The tenn "Board" is the MVTA Board of Commissioners as defined in the Agreement. Section 6. The term "Bond Board" is the MVTA Bond Board as defined in the Agreement. ARTICLE II. BOARD OF COMMISSIONERS The governing body of the MVTA is its Board which consists of seven (7) Commissioners. Terms of the Commissioners are set by the parties that have appointed them. Unless otherwise described in the Agreement or these Bylaws, the Bond Board shall operate under the same bylaws as the Board. ARTICLE III. MEETINGS, QUORUM, VOTE REQUIRED FOR ACTION OF THE BOARD AND BOND BOARD Section 1. The Board meeting schedules shall be determined by the Board or, when necessary, as notified. The Bond Board shall meet only to consider issuance of bonds or obligations by special meeting called pursuant to Section 4 of this Article. Any financing lease, as defined in Section 7(k) of the Agreement, is not a bond or obligation, and is therefore not subject to approval by the Bond Board, Section 2. All Commissioners are expected to attend regular meetings of the MVTA, Commissioners shall contact the Executive Director prior to the meeting if unable to attend, and shall notify the alternate Commissioner and request that the alternate Commissioner attend. Two consecutive absences by a Commissioner, along with the absence of his or her duly seated alternate from regular meetings shall result in written notification from the Executive Director under the direction of the Chair to the represented party requesting a replacement be made. The notification shall be sent to the Commissioner's respective city administrator /manager or chair of the county commission who will be requested to bring the matter to the attention of his /her city council or county commission. In the event 391531 v3 JMS MN455 -1 �, that the Chair and the absentee member are one and the same, the Vice Chair will then give direction to the Executive Director to carry out the process as mentioned above. Section 3. In the absence of the Commissioner, the designated alternate for the absent Commissioner shall act in the place of the Commissioner with all authority of the absent Commissioner. Section 4. Special meetings may be called by the Chair, the Executive Director, or any two Commissioners. Notice of special meetings shall be provided pursuant to applicable statutes. Section 5. Emergency meetings may be called by the Chair or Executive Director if the delay needed to call a special meeting would cause serious harm to the MVTA. Only urgent matters needing immediate attention without delay may be acted upon in an emergency meeting. Notice of an emergency meeting shall be provided pursuant to applicable statutes. Section 6, Four Commissioners must be present at a meeting to constitute a quorum. A quorum is necessary for conducting the business of the Board and exercising its powers. Section 7. Action of the Board shall require the affirmative vote of a majority of Commissioners present at a meeting. Section 8. Meetings shall be conducted in accordance with the provisions of the most current edition of Robert's Rules of Order, Section 9. The Board shall act by Resolution with respect to contracts. purchases of buses, motor vehicles, real estate or leases in excess of five years, Board policies, and any other matter that in the opinion of legal counsel should be by Resolution. ARTICLE IV. COMMITTEES Section 1. The Board may establish standing and /or temporary committees. Committees may be comprised of Commissioners and members of the Technical Work Group who may call upon staff, or outside consultants pursuant to contracts approved by the Board, for assistance and advice as necessary. Commissioners and members of the Technical Work Group shall be appointed to the committees annually and when necessary, and assignments shall be reviewed at the February meeting. ARTICLE V. OFFICERS Section I. Officers of the MVTA shall consist of a Chair, a Vice Chair, a Secretary- Treasurer, and such other officers as the Board deems necessary to conduct its business and affairs, Officers shall be elected at the regular meeting in January of each year for a term of one year, and shall serve until their successors have been elected and qualified. The Chair shall be limited to two consecutive one year terms; provided, however, that the same person may repeat as Chair so long as he or she has not served as Chair for one year preceding the additional terms. Section 2. Chair. The Chair shall preside at all meetings of the Board. The Chair shall also appoint the members of each standing or temporary committee from among the members of the Board and the Technical Work Group and may designate a chair of each such committee. The Chair and the Executive Director shall sign and execute all contracts, agreements. deeds, and other documents and instruments made by or on behalf of the MVTA. 391531 v3 JMS MN455 -1 ME Section 3. Vice Chair. In the absence of the Chair, the Vice Chair may exercise all the duties and powers of the Chair. Section 4. Secretary - Treasurer. The Secretary - Treasurer of the MVTA shall maintain a record of all of the proceedings of the Board, provided, however, the taking and preparation of minutes may be performed by a recording secretary. The Secretary- Treasurer may attest to the signatures or signature of such officer or officers of the MVTA authorized to execute any document or instrument on behalf of the MVTA. The Executive Director shall be the official custodian of all of the financial records of the MVTA under the guidance or direction of the Secretary- Treasurer. ARTICLE VI. EXECUTIVE DIRECTOR The MVTA may employ an Executive Director who shall have general supervisory authority over administration of all of the business and affairs of the MVTA including, but not limited to, administration of the transit system or systems provided by the MVTA, contracts for transportation service, marketing and promotion of such services, as well as recommendations for changes and additions to the transportation services provided. The Executive Director and the Chair shall sign and execute all contracts, deeds, and other documents and instruments made by or on behalf of the MVTA. The Executive Director shall have the care and custody of all funds of the MVTA and shall deposit the same in the name of the MVTA in such bank or banks as the Board may select. The Executive Director shall perform such other duties and functions as may be required and be delegated such authority as determined by written resolution of the Board, from time to time. Compensation of the Executive Director shall be established by the Board. ARTICLE VII, DISBURSEMENT OF FUNDS Section 1. Disbursement of funds shall be by an order drawn by the Chair and the Executive Director upon the Secretary - Treasurer. Except when issued for the payment of judgments, salaries, and wages previously fixed by the Board or by statute, principal and interest on obligations, rent, and other fixed charges, the exact amount of which has been previously determined by contract authorized by the Board, and except as provided hereafter. no order shall be issued until the claim to which it relates has been audited and allowed by the Board. Upon allowance by the Board, a claim may be paid. Section 2. Any officer or other agent or employee of the MVTA who is authorized, singly or in conjunction with another or others, to sign checks, drafts, warrants, warrant checks, vouchers, or other orders on public funds on deposit in a depository bank, may authorize the bank to honor any such instrument bearing a facsimile of that person's signature and to charge the same to the account upon which drawn as fully as though it bore his or her manually written signature. Any one or more of all of the signatures upon any such instrument may be by facsimile as herein provided. 3915310 JMS MN455 -1 ARTICLE VIII. OFFICIAL NEWSPAPERS The MVTA designates as its official newspaper the official newspaper designated by the City of Burnsville. ARTICLE IX. AMENDMENTS These Bylaws may be amended at any regular or special meeting of the Board, but not by the Bond Board, with the approval of four (4) Commissioners of the Board, provided a copy of the proposed amendment has been furnished to each Commissioner of the Board at least ten (10) days prior to the meeting. Motion to Adopt Bylaws: Motion Seconded By: Ayes 391531v3 JMS MN455 -1 34 ADOPTED as amended by the Minnesota Valley Transit Authority this day 2011. MINNESOTA VALLEY TRANSIT AUTHORITY BY: Its C ATTEST: BY: Its Secretary 1781721 391531v3 JMS MN455 -1 2 J� CITY OF EAGAN RESOLUTION NO. RESOLUTION RATIFYING THE AMENDMENTS TO THE MINNESOTA VALLEY TRANSIT AUTHORITY BYLAWS WHEREAS, the Minnesota Valley Transit Authority (MVTA) is proposing to amend the Joint Powers Agreement (JPA) of the MVTA to add Dakota County and Scott County as new parties to the JPA; and, WHEREAS„ the revised JPA includes formation of a Bond Board to broaden the MVTA's financing capabilities; and, WHEREAS, the bylaws are proposed to be amended in concert with the amendments to the JPA, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that the amended bylaws of the MVTA are hereby ratified. Motion made by: Seconded by: Those in favor: Those against: Dated: September 19, 2012 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Cleric 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 19th day of September, 2012. Christina M. Scipioni, City Clerk Consent Agenda Information Memo September 19, 2012 City Council Meeting F. APPROVE ANNUAL MAINTENANCE AGREEMENT FOR CONTRACT 12 -08 CONDUIT/FIBER TO MP NEXLEVEL ACTION TO BE CONSIDERED: Approve Annual Maintenance Agreement for contract 12 -08 conduit /fiber project to MP Nexlevel to provide the City with annual maintenance of the Phase 2 conduit /fiber. FACTS: • On April 17, 2012, the Eagan City Council awarded Contract 12 -08 to MP Nexlevel to install fiber as part of the Phase 2 open conduit /fiber project. Phase 2 is completed and the City would like to put a maintenance agreement in place. Under this agreement, MP Nexlevel will provide a 24 -hour day, 7 -days a week, 365 days per year trouble reporting hotline that can be utilized for contact purposes by the City. Furthermore, they shall respond to Gopher State One call tickets and locate requests, obtain all necessary permits and repair any break within any conduit or fiber optic line constructed as part of the project. MP Nexlevel would agree to be onsite within four hours of notification of damage. MP Nexlevel will be paid an annual maintenance fee of $13,201.25, which is consistent with the cost agreed upon when the City and MP entered into Contract 12 -08. ATTACHMENTS: Copy of proposed Agreement on pages 3S through `l rox MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City "), and Nexlevel, Inc., a Minnesota corporation (hereinafter the "Contractor "). The City and Contractor are hereinafter collectively referred to as the "Parties "). WHEREAS, the City submitted a request for proposals to construct a conduit and fiber optic network within certain areas of the City (hereinafter the "Project "); and WHEREAS, the Contractor was the lowest responsible bidder for the Project; and WHEREAS, in connection with the Project, the City also requested that Contractor submit a bid for annual fiber maintenance for a period of five years from the completion of the Project through September 30, 2017; and WHEREAS, the Contractor was the lowest responsible bidder as it relates to the fiber maintenance; and WHEREAS, the City is willing to have the Contractor perform the fiber maintenance and the Contractor is willing to provide such maintenance services all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. REQUIRED MAINTENANCE SERVICES. During the term of this Agreement, Contractor shall provide the following maintenance of the Project: • Contractor shall respond to Gopher State One call tickets and locate requests within the timelines established by the Gopher State One call system; • Contractor shall obtain all necessary permits and repair any break within any conduit or fiber optic line constructed as part of the Project. For these repair services, Contractor must respond and be on -site for repair within four hours notification of the damage. • Contractor shall be responsible for all costs associated with any repair, including the restoration of any damage to the City's right -of -way. r 2. REQUIRED CONTACT. Contractor must provide a 24 -hour day, 7 -days a week, 365 days per year trouble reporting hotline that can be utilized for contact purposes by the City. 3. COMPENSATION. Contractor shall be paid an annual maintenance fee of $13,201.25. Payments will be made in annual installments of $13,201.25 commencing October 1, 2012 and continuing each October 1st thereafter for a maximum of five (5) years, unless earlier terminated by the City as allowed under Section 9 of this Agreement. 4. ADDITIONAL RESPONSIBILITIES OF CONTRACTOR, The Contractor shall be responsible for the acts of its employees, officers or agents and shall indemnify and old the City harmless from any and all damage that may occur to any conduit or fiber within the Project. The Contractor must keep an effect a policy of general commercial liability in a form acceptable to the City. The Contractor must provide the City with a certificate of insurance evidencing the coverage and naming the City as an additional insured. 5. INDEMNITY. The Contractor further agrees to defend, indemnify and hold the City harmless from any and all claims, demands, actions, cost of actions for injuries or damage to personal property arising out of any act or omission on the part of the contractor, its agents or employees in the performance of this Agreement. 6. NoN- ASSIGNMENT. The Contractor shall not assign this Contract or any of the rights, duties or payments arising out of this Contract to any third -party without the written consent of the City, which consent may be withheld by the City at the City's sole discretion. 7. LIEN FREE CONDITION. The Contractor shall not cause or permit any liens to be placed against any City property as a result of any work performed by it or its subcontractors under this Agreement. In the event of the filing of any such liens, Contractor shall promptly cause such liens to be removed. 8. NOTICES. If Notice is sent to City: City of Eagan Attn: Dan Cook 3830 Pilot Knob Road Eagan, MN 55121 Phone: (651) 675 -5001 2 Mel With a copy to: City of Eagan Attn: Christina M. Scipioni, City Clerk 3830 Pilot Knob Road Eagan, MN 55121 Phone: (651) 675 -5001 If Notice is sent to Contractor: Nexlevel, LLC Paul Decker, Manager 500 County Road 37 East Maple Lake, MN 55358 Phone: (312) 963 -2400 9. TERMINATION. The City has the right to terminate this Agreement, with or without cause, upon thirty (30) days notice to the Contractor of the City's intent to terminate. All of the City's obligations under this Agreement will cease upon termination of this Agreement, including its obligation of further payments under this Agreement. Termination of this Agreement shall not discharge any liability or responsibility to perform the terms and conditions of this Agreement prior to the effective date of the termination. 10. GOVERNING LAW. This Agreement shall be governed by the State of Minnesota. 11. DEFAULT. In the event of default hereunder, the City may enforce this Agreement and may exercise any and all rights or remedies permitted by law. Contractor agrees to pay all costs of enforcement or collection, including attorneys' fees incurred by the City in the enforcement of this Agreement. CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk t-t, STATE OF MINNESOTA) )ss. COUNTY OF ) This instrument was acknowledged before me this day of , 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public Nexlevel, LLC, a Minnesota corporation ME STATE OF MINNESOTA) )ss. COUNTY OF ) Lawrence L. Pribyl Its: Chief Manager This instrument was acknowledged before me this day of , 2012, by Lawrence L. Pribyl, the Chief Manager of Nexlevel, Inc., a Minnesota corporation, on behalf of the corporation. 4 LAS Notary Public Agenda Information Memo Eagan City Council Meeting Consent Agenda September 19, 2012 G. AUTHORIZE comments to the Dakota County Board regarding tax forfeit parcels located in Eagan ACTION TO BE CONSIDERED: To authorize submittal of comments to the Dakota County Board supporting the retention of PIN 10- 65815 -01 -010 by the County for conservation purposes. FACTS: • Dakota County annually notifies cities of the properties within their boundaries that are tax - forfeited, to determine whether the City has a public use for any of them or if the City has comments in their regard. • This year, the County has advised of three tax forfeit properties with a request for comments in advance of the County Board meeting on November 6, 2012. • Staff has reviewed the parcels and has identified no public purpose for the first two listed, but the third is a parcel on Nicols Road in the Minnesota River Valley, which is bounded by Fort Snelling State Park property and the Nicols Fen. Wetland and other setbacks substantially limit the buildable area of the property and it appears that its best use is a park or conservation use consistent with other properties in the area. • Dakota County is open to acquiring properties to be managed for conservation uses or it may work with the DNR to incorporate a site into the State Park. In either case, staff would propose that the City advise the County of its support of County action of that kind for this parcel. ATTACHMENTS: • Correspondence from Dakota County on page y-D • Parcel maps on pages `► q through 'A Jon Hohenstein From: Kennedy, Mary <Mary, Ken nedy@CO. DAKOTA. MN. US> Sent: Thursday, September 06, 2012 3:59 PM To: Tom Hedges; Jon Hohenstein Subject: Dakota County meeting Attached is a list of 2012 tax - forfeited properties in Eagan. Notice is hereby given that the Dakota County Board of Commissioners will receive comments on the classification of tax - forfeited property as conservation or non - conservation at the regular monthly meeting at 9:00 AM on November 6, 2012 in the Dakota County Board Room, Dakota County Administration Center, 1590 Highway 55, Hastings. Interested agencies, groups or persons attending the meeting have the right to provide written or oral comments on the use of these or surrounding properties to help the Board in the classification of these properties. If there are any parcels the city or EDA may be interested in acquiring for public use, please contact me for an application for state deed. Generally, parcels within city limits are classified non - conservation. Conservation parcels are maintained and managed by the County for public benefit. No one has to attend if there is no issue with classifying these as non - conservation. The Dakota County website also gives a complete list of properties. Please share with appropriate departments and agencies of Eagan. http:Hwww.co. dakota.mn.us /CountyGovernment/ News/ CountyGovernment/ PublicNoticeTaxForefeitedPropertV .htm 10- 00900 -28 -091 10- 22451 -01 -350 Garage 10- 65815 -01 -010 Mary Kennedy Dakota County Property Taxation & Records 1590 Highway 55 Hastings, MN 55033 651 - 438 -4362 43 �� z,. F # 'a 6 f t c -_t t .rryt ,°sa } 'S, x s s 3�y �. - p -a @5 ��•Sr{ - _ y l r 1 5$ YY's WIEN :+ ij +t$ of y t ?.. 't i . °,., [ r >ry - L td Y {r t \ �� r• .i� t t� +. �g r t s w � rs k Q 09 a- ,zst ffiC 1 time's =P. rr� , as try '*'.x f s4.-�� •zr i� . . � � _,. tt�� c ��a ':° ~-, x t 4j � � t� � �x r r''¢t�r� iy .t.r�' `ir. a:: s �'fr fl. a c s s t3 t- iA.�i tZ x kri ?,' .t -. t � r `i Oct OR iy r t 'Fts t �3 r 4 t- rr i„'i y >•f±,.- 7 :.+ ur?5 low. t �p ,k ,j({�} r low e 3 t l"}�js }�r4FL Y" � ��:�� * t; 1 .4 $ a J-e ri � ! t -- n O t y nay 4 1 a 3L Ry � � �i -• s - � ' w ,z a a its �S 5 ':F .tg4 3 Ci[ oil i j ( it ,s } �d ! °�trw�`•x'� ` - r�'L £ i� i.q S i 1 t 1 w NS 'pZ �? 3 t� �. W Y f • r !tom �et E s -_s`Y� 3 t - �y3 q 3 k� i to ,a r t,- `iii p!_ o ,A "frr ti j y` r13X 1t�t hr3x �:' 14�r j j i too �1 x -•rfri �� }`f 1 y i t t x FA '\ �a ��i .;� t Z.• t ��i �y�a1 -0�'�'y`�, -r e .ii xwi;rs� `r P�_ wp � �:. S� - s.:t.3 ' � r 4'"",i'•}:7 is ,^e __Ai �\ .,r:. � rv_.#, - f".,C`t s 1>. _ � �� ii L � j -i �a t3Q tt +• �4.�1 -�p ) � Q.I 4�:'�a�_., .,. �`.rs'*:t -_ ,,.tF•r��4 �!.,_ � .. L:.. ... ,'*s3. . - t�'CA i a�: LY .. �sZ: � .., r-- .�A,..S,� ��. �.. � -. n ,'�":�ta .s 9 F i�4 f a� 2 a�f 7 AA 4t "ok v" Consent Agenda Information Memo September 19, 2012 Eagan City Council Meeting H. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Direct staff to prepare an ordinance amendment to City Code Chapter 11 relating to Floodplain Districts and regulations. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ On December 2, 2011, new Flood Insurance Rate Maps went into effect for Dakota County and the City of Eagan incorporating new FEMA regulations regarding floodplain management. The City also amended Chapter 11 of the City Code at that time to reflect the new maps and additional FEMA requirements, allowing Eagan residents to be eligible for participation in the National Flood Insurance Program. ➢ Although the City ordinance amendment received approval by State DNR staff to move forward prior to the December 2 effective date, subsequent to adoption, DNR staff had a chance to reexamine the City's newly adopted ordinance and found some inconsistencies with FEMA regulations that required correction. ➢ The City Attorney and City Staff have been in contact with the State DNR staff to determine what corrections are necessary to be fiilly compliant with FEMA regulations and are prepared to move forward with an ordinance amendment upon direction by the City Council. ➢ The current Floodplain District and regulations are still in effect, and its current status does not affect the City's insurance eligibility. ATTACHMENTS: None W1 Agenda Information Memo September 19, 2012 Eagan City Council Meeting I. CONTRACT 12 -06, OUTLET MODIFICATIONS/POND SEDIMENT REMOVAL WATER QUALITY /STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 12 -06 (Outlet Modifications & Pond Sediment Removal — Water Quality /Storm Sewer Improvements) in the amount of $16,711.63 to G.F. Jedlicki, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 12 -06 provided for the modification to outlet structures and removal of sediment collected in storm water ponds connected to the City's storm drainage system for water quality benefits, as programmed for 2012 in the City's 5 -Year Capital Improvement Program (2012- 2016), as authorized by the City Council under City Projects 1036, 1081, and 1082. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo September 19, 2012 Eagan City Council Meeting J. PROJECT 1058, OSLUND TIMBERLINE (PINE RIDGE DRIVE) STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1058 (Oslund Timberline (Pine Ridge Drive) — Street Improvements) and schedule a public hearing to be held on October 16, 2012. FACTS: • Project 1058 provided for approximately 0.15 miles of street overlay improvements on Pine Ridge Drive, a residential street in northwest Eagan, as outlined and discussed in the feasibility report and approved by the City Council on January 17, 2012. • This project, constructed under Contract 12 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 10% less than the estimate contained in the feasibility report presented at the public hearing held on January 17, 2012. W1 Agenda Information Memo September 19, 2012 Eagan City Council Meeting K. PROJECT 1070, OAK CHASE 4TH (OAK CHASE CIRCLE) STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1070 (Oak Chase 4th (Oak Chase Circle) — Street Improvements) and schedule a public hearing to be held on October 16, 2012. FACTS: • Project 1070 provided for approximately 500 -feet of street overlay improvements on Oak Chase Circle, a residential cul -de -sac in south - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on January 17, 2012. • This project, constructed under Contract 12 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 30% less than the estimate contained in the feasibility report presented at the public hearing held on January 17, 2012. `J Agenda Information Memo September 19, 2012 Eagan City Council Meeting L. PROJECT 1071, SIGNAL POINT / KNOB HILL STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1071 (Signal Point /Knob Hill - Street Improvements) and schedule a public hearing to be held on October 16, 2012. FACTS: • Project 1071 provided for approximately 300 -feet of street overlay improvements on Signal Point, a residential cul -de -sac, and approximately 1,000 feet of street improvements on Knob Hill, a mixed use street, in central Eagan as outlined and discussed in the feasibility report and approved by the City Council on January 17, 2012. • This project, constructed under Contract 12 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 15% less than the estimate contained in the feasibility report presented at the public hearing held on January 17, 2012. 5t Agenda Information Memo September 19, 2012 Eagan City Council Meeting M. PROJECT 1072, BOULDER RIDGE (HEINE COURT) STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1072 (Boulder Ridge (Heine Court) - Street Improvements) and schedule a public hearing to be held on October 16, 2012. FACTS: • Project 1072 provided for street overlay improvements on Heine Court, a residential cul -de -sac, in central Eagan as outlined and discussed in the feasibility report and approved by the City Council on February 21, 2012. • This project, constructed under Contract 12 -02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 10% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. W Agenda Information Memo September 19, 2012 Eagan City Council Meeting N. PROJECT 1078, JOHNNY CAKE RIDGE ROAD STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1078 (Johnny Cake Ridge Road, Diffley Road to Teal Cove - Street Improvements) and schedule a public hearing to be held on October 16, 2012. FACTS: • Project 1078 provided for approximately %a mile of street overlay improvements on Johnny Cake Ridge Road, from Diffley Road to Teal Cove, a collector roadway in west - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on November 15, 2011. • This project, constructed under Contract 12 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 5% less than the estimate contained in the feasibility report presented at the public hearing held on November 15, 2011. 4J Agenda Information Memo September 19, 2012 Eagan City Council Meeting O. PROJECT 1079, DENMARK AVENUE /CLUBVIEW DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1079 (Denmark Avenue /Clubview Drive - Street Improvements) and schedule a public hearing to be held on October 16, 2012. FACTS: • Project 1079 provided for approximately %2 mile of street overlay improvements on Denmark Avenue, Lone Oak Road to the south Sam's Club entrance, and Clubview Drive, commercial /industrial collector streets in north - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on December 20, 2011. • This project, constructed under Contract 12 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefitted properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on December 20, 2011. Sq Agenda Information Memo September 19, 2012 Eagan City Council Meeting P. GOLD TRAIL REMOVE PARKING RESTRICTIONS ACTION TO BE CONSIDERED: Receive the petition to remove parking restrictions on Gold Trail, and schedule a public hearing to be held on October 16, 2012. FACTS: • On August 20, 2012, City staff received a petition from Ms. Amy Utley, Manager of the Ballantrae Apartments, 3800 Ballantrae Road, and two neighboring properties, requesting the removal of the parking restrictions along the north side of Gold Trail, from Dolomite Trail to approximately 650 feet west. • Parking is currently prohibited along this segment of roadway from 5 p.m. to 9 p.m. daily. The current prohibition has been in place for approximately 25 years and was originally initiated at the request of an adjacent property owner. City staff is not aware of the original concern or interest for the request. • Construction activities on the Ballantrae Apartments' property are expected for the next twelve months to accommodate the refurbishing of the adjacent multi - family property (building upgrades and parking improvements). On- street parking would accommodate a number of residents' personal vehicles during this period. • City Planner Ridley reviewed the current supply of off - street parking for the multi- family property with the 2011 analysis of the proposed site improvements and determined that the available off - street parking is adequate based on the standards currently required by the city. City Planner Ridley suggests that it is in the city's best interest to provide whatever support possible to encourage reinvestment in that area. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page rj-(Ip . 55 <a i �p I� I LOCATION I HAZEL Q RD. SILVER `GAO S z S�. o G JW U° R MERE, C V. tt tR )� �o Rt� \f'G _,Q PC m �-9 a BLUEBILI a CIR .� FLAMINGO - SILVER BELL RD. e G' aV I I Q w w w a C) o�� V) .\O ° Q Al ° < M S- � 4�° Off° Q�� GOLD T. a 04° � �p �Yr�l TIN OLD w BOLD C T. �Woodhav�q° ? E� Park v � � CRYS TAL po gyp ° CEO � ° `� ° �Q�)QZ � R ° q F C T ° Q IZ G n 'I _STONE Cq J Tv �R TACONITE � TR. a_ > r Q. R ° m _ PUMICE �2� BLUES,> I qN q °� PT ° � <4. w � CARNE LTAN - I!I° PPH IRE LA. �� JADE X, �! LA. I�Filj -4° � ° J o a `t LOCATION MAP Figure GOLD TRAIL City of EaVIR PARKING RESTRICTIONS t�� Agenda Information Memo September 19, 2012 Eagan City Council Meeting Q. CONTRACT 12 -12, CEDAR GROVE BOULEVARD GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of plans and specifications for Contract 12 -12 (Cedar Grove Boulevard — Grading Improvements). FACTS: • Contract 12 -12 provides for the grading of the street and right -of -way for Cedar Grove Boulevard (formerly Cedarvale Boulevard) in anticipation of the street and utility realignment and upgrade improvements within the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 1088). • On June 5, 2012, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2013 -2017) and authorized the initiation of the public improvement process for the 2013 programmed improvements. The reconstruction/realignment of Cedar Grove Boulevard was included as part of this approved CIP. • On July 17, the Economic Development Authority (EDA) approved a purchase agreement between Paragon Outlets Eagan LLC and the EDA for approximately 29 acres of property within the Cedar Grove Redevelopment District. The proposed development includes a realignment of Cedar Grove Boulevard. • Also on July 17, as a result of the EDA action, the City Council authorized the preparation of a feasibility report for Project 1088 and authorized City staff to begin negotiations with Xcel Energy regarding the relocation of a 26" diameter gas line. • Contract 12 -12 would provide for the grading of Cedar Grove Boulevard in the 2012 construction season in preparation for public street and utility improvements associated with Project 1088. This grading would allow the timely construction of the street and utility improvements under a separate contract, as well as necessary private utility relocations, including the Xcel Energy gas line, in 2013 in coordination with the development schedule. • All right -of -way and public easement needed for the construction of the improvements has been acquired. IS9 Agenda Information Memo September 19, 2012, Eagan City Council Meeting CONSENT AGENDA: R. Approve a Joint Powers agreement to establish and participate in the Minnesota Structural Collapse /Technical Rescue Task Force. ACTION TO BE CONSIDERED: Approve the Joint Powers Agreement to participate as a signatory and provide personnel to the task force. FACTS: In 2002, the State identified a vulnerability regarding the area of the technical rescue of persons trapped in collapsed buildings, other enclosed spaces, or any other location requiring additional skills and /or equipment. To fill the need, five entities were identified to develop /host a structural collapse team. The entities include: Minneapolis Fire, St. Paul Fire, Edina Fire, Rochester Fire, and the Dakota County Domestic Preparedness Committee (Dakota County Special Operations Team). The five entities noted above comprise "Minnesota Task Force One." Each entity has been partially funded by the State to support on -going structural collapse and technical rescue capabilities. • The Dakota County Special Operations Team (SOT) is comprised of police and fire members from jurisdictions throughout the County, including Eagan. This agreement formalizes Minnesota Task Force One as a single entity allowing for improved coordination of planning, training, and funding. Task Force One is wholly funded through grant funds, and as a participant in the agreement, there is no obligation to fund the Task Force in any other fashion. The State is currently pursuing a more stable funding source for Task Force One through the State Fire Safety Account. The Minnesota Division of Homeland Security and Emergency Management have indicated that Task Force One will be the primary organization funded to maintain the structural collapse and technical rescue capability for the State. The State is able to provide liability and workers' compensation to specialty teams activated under MN Stat. Sec. 12.351. However, the State has determined that they must enter into an agreement with a single entity in order to provide such coverage. As such, this joint powers agreement was developed. The attached Joint Powers Agreement has been reviewed by the City Attorney. (Review memo also attached). ATTACHMENTS: Joint Powers Agreement Establishing the Minnesota Structural Collapse / Technical Rescue Task Force Organization (Minnesota Task Force One) on pages t 9 to & City Attorney review memo on pages �_ to —1 o 0 Joint Powers Agreement Establishing the Minnesota Structural Collapse /Technical Rescue Task Force Organization (Minnesota Task Force One) This agreement is made pursuant to the authority conferred upon the participants by Minnesota Statute 471.59. The participants to this agreement are all "governmental units" as defined by Minnesota Statute 471.59, Subdivision 1. 0 General Purpose. The purpose of this Joint Powers Agreement is to establish the Minnesota Structural Collapse /Technical Rescue Task Force Organization, which shall be governed by a Board of Directors, for the purpose of establishing, training, equipping, maintaining and deploying Minnesota Task Force One to incidents inside and outside the State of Minnesota as may be requested by a local agency or other unit of government. 2.0 Definitions. In addition to the standard definitions found in the National Incident Management System (2008), the following definitions apply to this document. 2.1 "Minnesota Structural Collapse /Technical Rescue Task Force Organization" — The group of all Team Members, governed by the Board, who may be available to be rostered or activated to provide response to incident activities pursuant to this Agreement. 2.2 "Minnesota Structural Collapse /Technical Rescue Task Force " (MN TF -1) — A group of Team Members, designated by the Board, who are rostered for deployment or are deployed to support incident activities pursuant to this Agreement. 2.3 "Team Member" — A trained and qualified person, as designated and approved by the Board, who is employed by, contracted to, or volunteering with a Participant, who is or may be available to be activated to support incident response activities pursuant to this Agreement. 2.4 "Board" — The Board of Directors established by this Agreement 2.5 "Director" — A member of the Board of Directors, qualified as defined under this Agreement, who is employed by, contracted to, or volunteering with Minneapolis, St. Paul, Edina, Dakota County, Rochester, and one at large member from another participating governmental unit, who may be available to be activated to support incident activities pursuant to this Agreement. 2.6 "Participant" — Any governmental unit as defined by Minnesota Statute 471.59, Subdivision 1 which is a signatory to this Agreement. May 2011 Final MN TF -1 TPA 150( 3.0 Participants. 3.1 Participants: Subject to additional Participants added hereunder, the Participants shall be: (Attached Roster) 3.2 Status: No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Participant listed above to be represented on the Board as long as such Participant continues to exist as a separate political subdivision. 3.3 Responsibility for Employees: All persons engaged in the work to be performed by a participant under this Agreement may not be considered employees of any other participant for any purpose, including worker's compensation and other claims that may or might arise out of the employment context on behalf of the employees. All claims made by a participant as a result of any act or omission of a participant's employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other participant. Each participant is responsible for injuries or death of its own personnel. Each participant will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel while they are providing services under this Agreement. Each participant waives the right to sue any other participant for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other participant or its officers, employees, or volunteers. 3.4 Emergency Management Assistance Compact EMAC: Any participant engaged as a member of MN TF -1 and deployed as part of an EMAC request are afforded all the protections and coverage as stated in Minn. Stat. 192.89, and retains all stated protections and coverage while engaged as part of an EMAC request. 4.0 Board of Directors. 4.1 Directors. The Organization shall be governed by a Board of Directors which shall consist of two (2) qualified Directors appointed by the governing body of each Minneapolis, St. Paul, Edina, Dakota County, Rochester, and two at large director(s) elected from and by other signatory participants. 4.2 Qualifications. At least one (1) of the Directors from each governing body and at large, must be a Team Member and must have taken the FEMA equivalent Structural Collapse Technician Training, and all applicable pre- requisite training. 4.3 Compensation. Directors shall serve without compensation from the Organization or Board. This shall not prevent a Participant from providing compensation to a Director for serving on the Board. May 2011 Final MN TF -1 JPA (o O 5.0 Quorum/Voting. 5.1 Quorum. A majority of all of the Directors shall constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. 5.2 Voting. There shall be no voting by proxy. All votes must be cast by the Director or designated alternate at a Board Meeting. Each Director shall have one (1) vote. 6.0 Officers. 6.1 Officers. The officers of the Board shall be a Chair, Vice -Chair and Secretary/Treasurer. 6.2 Elections. At its first meeting, the Board shall elect a Chair, a Vice - Chair, and a Secretary/Treasurer who shall serve two year terms ending on December 31. Officers elected to partial or unexpired terms (including the initial term of office which ends on December 31, 2008) shall serve out the partial term but must then stand for election with the other Officers for the following term. 6.3 Vacancies. A Director shall be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 6.4 Other Officers. The Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 7.0 Meetings 7.1 Annual Meeting. The Board shall meet at least annually on a schedule determined by the Board. 7.2 Call. Meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. 7.3 Open Meeting /Data Practices. The Organization shall comply with data practices and open meeting laws which are applicable to the Participants. 7.4 Meeting by Teleconference. The Board, in an emergency, may meet by teleconference. A quorum of the Board is required to be present on the call to conduct business. 8.0 Powers and Duties of the Board. 8.1 The powers and duties of the Board include, but are not limited to, those enumerated in this section. May 2011 Final MN TF -1 JPA 8.2 The Board shall prepare, adopt, and implement a plan to provide MN TF -1 response according to the terms and conditions herein. 8.3 The Board shall establish, train, equip, maintain, and govern the Organization, MN TF -1 and Team Members in their capacity as Team Members. 8.4 The Board shall provide for the deployment and recovery of one or more MN TF -1 teams to incidents as may be requested by another government unit under circumstances approved by the Board. 8.5 The Board shall prepare and approve an annual budget for MN TF -1. 8.6 The Board may purchase and maintain equipment necessary for the performance of its duties and the duties of MN TF -1. 8.7 The Board may enter into contractual delegations of authority with local, state, or Federal, government units for the purposes of conducting incident management/technical rescue operations within the jurisdiction of such units and such power may be delegated to designated incident commanders /task force leaders. 8.8 The Board may research and make recommendations to the Participants regarding other matters related to the Task Force purposes. 8.9 The Board may consult with persons knowledgeable in technical rescue management and response, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts, and any other persons who can provide pertinent information. 8.10 The Board may cooperate or contract with the State of Minnesota, any political subdivision, federal agencies or private or public organizations to accomplish the purposes for which it is organized. 8.11 The Board may contract with other governmental units to provide the services of MN TF -1. The Board may enter into a mutual aid agreement with other similar Task Forces. 8.12 The Board may contract for or purchase such insurance as the Board deems necessary for the protection of the Board, the Participants, the Response Team, and its property. 8.13 The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Organization not currently needed for its operations. 8.14 The Board may collect money from participants, subject to section 10.2, and from any other source(s) authorized by law. May 2011 Final MN TF -1 JPA M 4 8.15 The Board may make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers, in conformance with the requirements applicable to contracts and purchases of all the Participants. 8.16 The Board shall cause to be made an annual audit of the books and accounts of the Board and shall make and file a report to the Participants at least once each year. Strict accountability of all funds and report of all receipts and disbursements shall be made. 8.17 The Board's books, reports and records shall be available for and open to inspection by its Participants at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13. 8.18 The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by -laws adopted by the Board and as allowed by law. 8.19 The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by -laws to govern the functioning of the Board, provided that no by -law or action of the Board shall be contrary to the terms of this Agreement. 9.0 Additional Participants 9.1 Vote of Board. Other governmental units may become a participant to this Agreement upon approval of a 2/3 majority of the Board. The new Participant shall sign a copy of this Agreement. Existing Participants shall not be required to sign the agreement again. 9.2 Non - Governmental Entities. With the approval of the Board, Non - Governmental entities may appoint qualified Directors to become advisory (non- voting) members of the Board and may contribute personnel to Task Force operations upon entering into a sponsorship agreement with any one Participant in a form accepted and approved by the Board. 10.0 Finance 10.1 No Joint Powers Board. A "joint powers board" pursuant to Minnesota Statutes 471.59, Subd. 11 is not established by this agreement. Neither the Board nor the Organization has authority to issue bonds or obligations. 10.2 Revenue. The Organization is wholly funded through grant funds available to one or more of the Participants. Participants are not obligated under this agreement to fund the Organization in any other fashion without an amendment to this Agreement as provided herein. May 2011 Final MN TF -1 JPA f 10.3 Disbursements. The Organization may make disbursements from public funds to carry out the purposes of this agreement. 10.4 Fiscal Agent. The Board shall designate one Participant, with that Participant's consent, to serve as the fiscal agent for the Organization and funds may be paid to or disbursed by that Participant provided that the method of disbursement shall agree as far as practicable with the method provided by law for the disbursement of funds by the parties to the agreement. 10.5 Purchasing. Contracts let and purchases made under the agreement shall conform to the requirements applicable to contracts and purchases of the Fiscal Agent. 10.6 Accountability. The fiscal agent shall maintain accountability of all funds and report of all receipts and disbursements. 10.7 Distribution of Property. In the event that the Agreement is terminated as provided herein, any property acquired as the result of such joint or cooperative exercise of powers or surplus money shall be disposed of pursuant to the terms of any applicable grants or other contractual obligations, or, in none, pursuant to the procedures of the Fiscal Agent and the proceeds from such disposal shall be distributed pro rata to the Participants. Property acquired by participants prior to entering into this agreement shall remain in possession of the participants. 11.0 Indemnification 11.1 The Board shall defend, indemnify and hold harmless the Participants and any employees, officials, volunteers, or agents of the Participants against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board or employees or agents of the Board. This agreement to indemnify and hold harmless does not constitute a waiver by any participant of the limitations on liability provided under Minnesota Statutes, Chapter 466 or Section 3.736 or a waiver of any available immunities or defenses. To the fullest extent permitted by law, actions by the Participants pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity," and it is the intent of the Participants that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(a); provided further that for purposes of that statute, each Participant to this Agreement expressly declines responsibility for the acts or omissions of any other Participant. Any excess or uninsured liability shall be borne equally by each Participant. May 2011 Final MN TF -1 JPA 0 12.0 Duration. This Agreement shall remain in full force and effect until it is terminated in the manner provided herein. 13.0 Default. Upton the failure of any Participant to fulfill any of its other material obligations under this Agreement the Board may expel a Participant upon 2/3 vote. 14.0 Effective Date. This Agreement shall become effective upon the approval of any two Participants herein and shall become binding upon the remaining Participants on the dates of the approval of each of them. All Participants need not sign the same copy. The signed Agreement along with a certified copy of the resolution authorizing the Agreement, shall be filed With the Fire Chief of the City of Bloomington, who shall notify all Participants in writing of its effective date and set a date and place for the Board's first meeting. 15.0 Amendments. This agreement may be amended only by the unanimous agreement of all Participants acting by and through their governing bodies. 16.0 Withdrawal and Termination. 16.1 Withdrawal. Any participant shall have the right to withdraw from this Agreement and Organization hereby created in the following manner: 16.1.1 Notice of intent to withdraw shall be given in writing to all Participants. 16.1.2 The governing body of the withdrawing participant shall pass a resolution declaring its intent to withdraw effective on a specified date, which date shall not be less than ninety (90) days from the day of the resolution and shall send a certified copy of such resolution to the Chair of the Board not less than ninety (90) days before the effective date with withdrawal. The certified copy of such resolution shall be provided to the Chair of the Board by hand delivery. 16.1.3 Upon receipt of the resolution of a withdrawal, the Chair of the Board shall mail copies of the resolution to all Directors. May 2011 Final MN TF -1 JPA M 7 16.2 Continuing Organization. Notwithstanding the parties' authority to withdraw, this Agreement and the Organization created hereby shall continue in force until all remaining Participants mutually agree to terminate or revise this Agreement. 16.3 Termination. After the effective date of termination, the Board shall continue to exist for the limited purpose of discharging the Board's debts and liabilities, settling its affairs, and disposing of its property and surplus monies, if any. 17.0 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement. 18.0 Severability. The provisions of this Agreement are severable. If any section, paragraph, subdivision, sentence, clause, or phrase of the Agreement is held to be contrary to law, rule, or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 19.0 Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. The Fiscal Agent shall act as administrator of the Agreement for the purpose of maintaining the document and insuring its availability to all Participants. The Fiscal Agent shall provide notice to all parties in the event of the addition or withdrawal of a Participant. 20.0 Construction. Each provision of this Agreement has been reviewed and negotiated, and represents the combined work product of all Participant hereto. NO presumption or other rules of construction that would interpret the provisions of this Agreement in favor of or against the Participant preparing the same shall be applicable in connection with the construction or interpretation of any of the provision of this Agreement. 21.0 Governing Law. This Agreement, and the rights of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Minnesota. May 2011 Final MN TF -1 JPA M 22.0 Entire Agreement. The entire agreement between the Participants hereto is contained in this Agreement, and this Agreement supersedes all of their previous understanding and agreements, written and oral, with respect to the subject matter of this Agreement. IN WITNESS WHEREOF - the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 471.59. May 2011 Final MN TF -1 JPA 0 we Execution Page for the Joint & Cooperative Agreement For Minnesota Structural Collapse /Technical Rescue Task Force The party listed below has read, agreed to and executed this Agreement on the date indicated. Date May 2011 Final MN TF -1 JPA MW Entity By — Title And Title 10 D Dougherty, Molenda, Solfest, Wills & Bauer P.A. OUGHERTY MOLENDA 0 ! © M M Attorneys I Advisors MEMORANDUM TO: Jeremy Klein, Support Service Manager for Eagan Nealon Thompson, Fire Chief for Apple Valley FROM: Thomas R. Donely, Assistant City Attorney DATE: June 11, 2012 RE: Joint Powers Agreement Establishing the Minnesota Structural Collapse /Technical Rescue Task Force Organization (Minnesota Task Force 1) Based on the background information submitted with the draft Joint Powers Agreement Establishing the Minnesota Structural Collapse /Technical Rescue Task Force Organization (the "JPA "), two of the primary issues to be addressed by the JPA are the funding of the Task Force and coverage for workers' compensation and general liability. However, the JPA does not clearly address these issues. In addition, I have noted a concern regarding the training of team members. FUNDING With regard to the funding, the JPA states in Section 10.02, "The organization is wholly funded through grants available to one or more of the participants." Participants are not obligated to fund the Task Force in any other fashion. The JPA also allows the Task Force Board to prepare and approve an annual budget, but the JPA does not address the question of what obligation a participant has to apply for and obtain the grant to fund the Task Force. Absent parameters setting forth the responsibility and obligations of participants to obtain grants to fund the Task Force is unclear as to how the Task Force will be sufficiently funded. INDEMNIFICATION Section 11 provides for indemnification of the "participants and any employees, officials, volunteers or agents against all claims, losses, liability, suits, judgments, costs and expenses by reason of action or inaction of the Board or employees or agents of the Board." Since the Task Force has no independent financial value, the language providing for indemnification of liabilities is rendered ineffective due to the fact that the Board may not have sufficient funds to cover any claims or losses. Section 8.12 provides that "the Board may contract for and purchase insurance as the Board deems necessary for protection of the Board, the participants, the response team and its property." It is recommended that insurance not be optional, that a M minimum level of insurance be required by the JPA and to the extent possible the insurance should name each participant as an additional insured. Section 11 states "Any excess or uninsured liability shall be born equally by each participant." It is recommended that this sentence be removed as it conflicts with the separate liability provisions of Minn. Stat. Section 471.59 Subd. 1 a (a) reference earlier in Section 11. If the sentence is not removed, is should be revised to state "Any excess or uninsured liability shall be borne by the participant of whom the damaged is claimed. It is further recommended that each participant indemnify and hold harmless the other participants, employees, officers and agents against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of the employees /agents of the indemnifying member. Please note that while the Board may purchase insurance, some of the Task Forces activities may lead to claims that are not torts, and therefore, not subject to the liability limits contained in Minnesota statutes (e.g. 1983 claims, employment issues, etc.). Each participate should also be required to maintain sufficient insurance to cover claims related to the participant's employees while engaged in activities related to the JPA Section 3.3 also sets forth that each participant is responsible for injuries or death of its own personnel and each participant will maintain worker's compensation insurance or self insurance coverage covering its own personnel while they are providing services for the task force. So, this provision requires the City to maintain workers' compensation coverage for its personnel while under the control of the Task Force.' The uncertainty of the funding and insurance to support the indemnification provisions mean that the City provides its personnel to the Task Force at its own risk. TRAINING Section 8.3 indicates that the Board will direct the training of the Task Force Team Members. You already provide training regarding how our employees respond and operate in the field. The JPA does not require any Task Force training to be compatible with the training currently required. A city employee has liability protections for abiding by discretionary policies and procedures put in place by the city, those protections may not extend to different procedures and policies that the Task Force may have in place. It is recommended the Task Force training be required to be compatible with the training and policy requirements used by the participants. I know attempting to reach an accord with all of the other parties on a JPA involving these issues can be burdensome. I'll leave it to you and your City's administration to determine whether the risks involved are worth agreeing to the JPA as currently drafted. TRD /jab ' Task Force team members not employed by a political subdivision are deemed to be employees of the State for purposes of worker's compensation and tort claim defense and indemnification by Minnesota Statute § 12.351. 2 Agenda Information Memo September 19, 2012, Eagan City Council Meeting CONSENT AGENDA: S. Adopt a resolution accepting a $3,250 donation from the Eagan Citizen's Crime Prevention Association (ECCPA) and authorize a corresponding budget adjustment. ACTION TO BE CONSIDERED: Adopt a resolution accepting a cash donation from the ECCPA which enabled two police officers to accompany eight members of the department's Explorer Post to travel to Fort Collins, Colorado the week of July 16, 2012, to attend the National Explorer Conference. FACTS: • The Eagan Police Department sponsors and supports a Police Explorer Post. • Participants in the program range in age from 14 -21. • In sponsoring the program, Eagan Police Officers act as "advisors." • Those in the program learn police skills where they have the opportunity to compete in competitions at State and National levels. • Earlier this year, two of the department's advisors requested to take eight members from the post to the National Police Explorer Conference scheduled the week of July 16, 2012, in Fort Collins, Colorado. • Because there was no funding in the department's 2012 budget to accommodate the request, the ECCPA made a donation to cover miscellaneous travel expenses. • Adopting the resolution will necessitate the need for a budget adjustment of $3,250 to line item # 1104 -6476 in the police department's 2012 budget. • The police department seeks authorization to accept this donation and make the necessary budget adjustment. ATTACHMENTS Resolution on page I a qt CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Citizen's Crime Prevention Association (ECCPA) WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Citizen's Crime Prevention Association has presented the police department with a donation in the amount of $3,250 to support the police department's Explorer Post. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City, and an adjustment is made to line item # 1104 -6476 in the police department's 2012 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Citizen's Crime Prevention Association for the gracious and generous donation. ADOPTED this 19th day of September, 2012. Motion by: Seconded by: Those in Favor: Those Against: Date: MR CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo Eagan City Council Meeting Consent Agenda September 19, 2012 T. RATIFY Engineering Study with Xcel Energy for Pipeline Relocation in Cedar Grove Redevelopment District ACTION TO BE CONSIDERED: To ratify an agreement with Xcel Energy to perform an engineering study regarding the relocation of the company's gas pipeline in the Cedar Grove Redevelopment Area. FACTS: The Economic Development Authority has approved a preliminary concept plan and purchase agreement with Paragon Outlets related to the proposed development of a shopping center project at the Cedar Grove Redevelopment District. One of the assumptions of that project is that the City will undertake the relocation of Cedar Grove Boulevard (Former Hwy 13) and the utilities that are located in that right of way to locations outside the outlet building footprint. One of the utilities to be relocated is a gas pipeline owned by Xcel Energy. The lead times to implement a relocation of this utility are such that it is advantageous for the City and Xcel to begin preliminary analysis and design work yet this year. Xcel has provided an agreement to perform an engineering study to start that process and Paragon has agree to pay the $10,000 cost of the study in parallel with its submittal of development applications, but it is necessary for the City to execute the agreement, because it is related to a public street project. Paragon forwarded payment to Xcel and Paragon's engineer has forwarded the necessary deliverables. On that basis, the City Attorney advised that staff could forward those items to Xcel and ask that they commence the study. In order to facilitate Xcel's commencement of the work, that has been done, but the agreement is being presented at this time for ratification. ATTACHMENTS: • Agreement on pages through 'rqll J 9 "3 Xcel'Energyo B E S P'0 NSIBLE BY NATO BE° DATE: August 29, 2012 WORK REQUESTED BY City of Eagan /Paragon Outlet Partners LLC WORK TO BE AT Xcel Energy 825 Rice Street, St. Paul, MN 55117 Paragon Outlet Mall at Cedar Grove Redevelopment site, Highway 13 & ADDRESS Cedar Avenue, Eagan, Minnesota CONSISTING OF: Engineering study to determine cost estimates, lead times, construction requirements, and right -of -way requirements for the relocation by Xcel Energy of a 26 inch diameter natural gas pipeline approximately 2900 feet in length across the Cedar Grove Redevelopment property in Eagan. Specifically included in the study will be the following: • Cost estimate to pre -order pipe materials; • Cost estimate for disposal of 26" pipe that has asbestos in the pipe coating; • Likely time frame for a High Bridge Generating Plant outage; • Proposed construction timeline; • Recommended side slope requirements within pipeline easement; • Distance requirement for pipeline from Highway 13 right -of -way line; • Distance requirement for pipeline from proposed roadway (or hard surfaces); • Position of 26" pipeline within the easement; Requestor will be required to provide the following deliverables at time of study payment: • plat or boundary survey; • description of proposed 50 foot wide pipeline easement; • site plan; • grading plan showing final contours; • landscape plan; • utility plan; • typical section(s) for proposed new roadway adjacent to proposed pipeline easement; The deliverables submitted should be as close as practical to the final versions. Requestor will need to understand that any changes or revisions to the deliverables may impact the results of this study. It is anticipated that the pipeline relocation could be constructed in the late spring or early summer of 2013 after rough grading has taken place, if the requestor enters into a timely agreement with Xcel Energy. Xcel Energy makes no guarantee as to the start date and completion date, due to the need to supply natural gas to Xcel Energy customers and the need to provide gas for electric generation. Xcel Energy will provide the results of the study to the requestor within four to six weeks after study payment is received and all other deliverables are presented to Xcel Energy. The study payment is non- refundable and is applied to the estimate should the requestor proceed with work on the project. Form Original — Division Accounting Copy — Customer Copy — Division Distribution Engineering G: \Redevelopment Districts \Cedar Grove Redevelopment \Utility Lines \Cedarvale Boulevard Gas Main \Correspondence \2012 - Xcel Pipeline \Agreement 2012 -08 -31 Xcel re Eaga nCedarGrove _EngineeringAgreement.doc Page 1 of 2 qJ Xcel Energy __- _�_-_ "-B _.._-._gy_- B__ESPONS.IB.L E Y NATUBE"' The facilities installed or removed by the Company shall be the property of the Company and any payment by customer shall not entitle customer to any ownership interest or right therein. The undersigned hereby requests and authorizes Northern States Power Company, Xcel Energy to do the work described above, and in consideration thereof, agrees to pay Ten thousand and 00/ 100---------------------------------------------------------- - - - - -- ($ 10,000.00 ) in accordance with the following terms: Credit Approval Payment and deliverables received prior to beginning work. Receipt of the above amount hereby acknowledged on behalf of Xcel Energy by: XCEL ENERGY FOR XCEL ENERGY USE Xcel Energy Rep. Division Const. $ 10,000.00 Rem. $ Maint. $ Customer Xcel Energy Proj. No. Oper. $ Trans£ $ Total $ 10,000.00 Form Original — Division Accounting Copy — Customer Copy — Division Distribution Engineering G: \Redevelopment Districts \Cedar Grove Redevelopment \Utility Lines \Cedarvale Boulevard Gas Main \Correspondence \2012 - Xcel Pipeline \Agreement 2012 -08 -31 Xcel re EaganCedarGrove _EngineedngAgreement.doc Page 2 of 2 91S Agenda Information Memo September 19, 2012, Eagan City Council Meeting CONSENT AGENDA U. Approve a Joint Powers Agreement with the State of Minnesota enabling the police department to join a multi agency task force that combats internet crimes where children are victims ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with the State of Minnesota, acting through its Commissioner of Public Safety- Bureau of Criminal Apprehension (BCA), allowing Eagan Police Officers to cooperatively work with other law enforcement agencies to investigate internet crimes related to juveniles. FACTS: • This is a multi- agency law enforcement joint powers agreement, in association with the State of Minnesota (through the BCA), who is the recipient of a federal grant from the Office of Juvenile Justice and Delinquency Prevention (OJJDP). • The purpose of the grant is to provide law enforcement with funding to combat internet crimes where children are the victims. Equipment, training, and personnel expenses are available to the City if Eagan Police Officers who assist in the investigation, prosecution, and prevention of illegal exploitation of children via the internet. • This agreement shall be in effective on the date the Eagan Police Department obtains all required signatures and shall remain in effect through May 31, 2013, unless terminated or canceled. • A similar agreement was reviewed by City Attorney's Office and signed by the Council in June, 2011. ATTACHMENTS A copy of the agreement is attached on pages 9 "A to 90 . 9 (J Contract No. 51157 Minnesota Internet Crimes Against Children Task Force Multi - Agency{ Law Enforcement Joint Powers Agreement; This Multi- Agency Law Enforcement Joint Powers Agreement, and amendments and supplements thereto, ( "Agreement ") is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension ( "Grantee "), empowered to enter into this Agreement pursuant to Minn. Stat. § 471.5 9, Subd. 10 & 12, and City of Eagan, acting through its Eagan Police Department, located at 3830 Pilot Knob Road, Eagan, MN 55122, ( "Undersigned Law Enforcement Agency "), empowered to enter into this Agreement pursuant to Minn. Stat. § 471.59, subd. 10, Whereas, the above subscribed parties have joined together in a multi- agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and /or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ( "OJJDP ") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Internet Crimes Against Children ( "ICAC ") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub -grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald Cheung as the Commander of the Minnesota ICAC Task Force. Now Therefore, the parties agree as follows: 1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Agreement with the purpose of implementing a three- pronged approach to combat Internet Crimes Against Children: Prevention, education and enforcement; and 2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Program Standards contained in Exhibit B attached to this Agreement, in addition to complying with applicable Minnesota state and federal laws in the performance of this Agreement, including conducting undercover operations relative to ICAC, ; a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance Page 1 of 4 1111 Contract No. 51157 Program contact information is contained in Exhibit C attached to this Agreement; and Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and 4. The Undersigned Law Enforcement Agency and the Grantee agree that each parry will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. The Undersigned Law Enforcement Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01 - 466.15, and other applicable law; and 5. All members of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervised by the same Law Enforcement Agency employer which currently employs the member performing Minnesota ICAC Task Force assignments; and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer's fringe benefits; and 6. The Undersigned Law Enforcement Agency must first submit a written request for fiends and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre - approved requests. Approved reimbursement will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with payment made out to the City of Eagan and mailed to the Eagan Police Department, 3830 Pilot Knob Road, Eagan, MN 55122. 8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and 9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP. In addition, under Minn. Stat. § 16C.05, subd.5, the Undersigned law Enforcement Agency's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the Grantee and /or the Minnesota State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end date of this Agreement; and 10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and Page 2 of 4 ME Contract No. 51157 11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and 12. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment that was acquired through OJJDP grant funding; in the event that future federal funding is no longer available, the Undersigned Law Enforcement Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the State of Minnesota Department of Public Safety, or the Undersigned Law Enforcement Agency breaches the Agreement. 13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the following duties: A. Investigations by the Undersigned Law Enforcement Agency under this agreement should be conducted in accordance with the OJJDP ICAC Task Force Program Standards contained in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive of fringe benefits of actual hours and /or actual expenses incurred related to performing Minnesota ICAC Task Force assignments and /or training approved by the Minnesota ICAO Task Force Commander through the term of this agreement or until all Federal fiends under the OJJDP grant have been expended, whichever comes first. B. The Grantee has a TOTAL Expense Budget of $320,000.00 that was approved under the OJJDP Internet Crimes Against Children ( "ICAC ") Grant for investigative hours and expense reimbursement. The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual costs as defined in Clause 13, Section A., to the extent such actual costs have been reviewed and approved by the Minnesota ICAC Task Force Commander. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 15. The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other parry. 16. Terms of this agreement: This Agreement shall be effective on the date the Undersigned Law Enforcement Agency obtains all required signatures under Minn. Stat. § 16C.05, Subd. 2, and shall remain in effective through May 31, 2013, unless terminated or canceled. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency. Page 3 of 4 IN 1. Undersigned Law Enforcement ? c enc� Undersigned Law Enforcement Agency certifies that the appropriate person(s) have executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its jurisdictional government entity as required by applicable articles, laws, by -laws, resolutions, or ordinances. By and Title Undersigned Law Enforcement Agency Title: City of Eagan Title: City of Eagan Mayor or Board Chair City of Eagan 2. Department or Public Safety, Bureau of Criminal Apprehension (Name: Signed: Title: (With delegated authority) 3. Commissioner of Administration By and Title MIN Department of Administration (With delegated authority) Page 4 of 4 v Contract No. 51157 Date Date Date Date Date Date Agenda Information Memo September 19, 2012, Eagan City Council Meeting VI. PUBLIC HEARINGS A. VARIANCE — DOUGLAS SWETLAND (4566 CHES MAR DRIVE) ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) an 8' Variance to the required 30' structure setback from a public right -of -way to allow a garage addition upon property located at 4566 Ches Mar Drive, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmember's present FACTS: Ches Mar 3rd Addition was platted in 1977 and this single - family home with two -stall attached garage was constructed in 1978. The lot is 14,000 s.f. in area. ➢ The property is a corner lot that takes driveway access off Ches Mar Drive to the west. The north side of the lot abuts Dunberry Lane. ➢ City Code requires a minimum 30' structure setback from public right -of -way. ➢ The applicant would like to build an addition to the existing garage and turn the existing garage into a hobby workshop. The addition would be placed on the existing driveway, not changing any of the land. ➢ With the proposed 22' wide by 22' deep garage addition, the proposed setback to the west lot line abutting Ches Mar Drive is approximately 33', while the setback from Dunberry Lane will remain at 22'. ➢ The applicant has stated that the hardship is that the property is a corner lot, which creates a practical difficulty with a larger required setback on the east side of the lot. ➢ The elevation plan indicates the proposed garage addition will be architecturally . compatible with the existing structure and match the appearance of the home. ➢ A Building Permit is required prior to commencing construction. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: October 16, 2012 ATTACHMENTS: (2) Location Map, page ?off Planning Report, pages '9 3 through CI MW• Mau, w Caria ake¢ TLUb LANE Evergreen.Park r t•" a Do tll -Rd WILDERNESS RUN ROAD - , vz tag yis x oimav an t 3 s ` big 7tiomas Lake Park '� F so u ? YA 0 ESS f ay a� M• " "' - Thomas Lake East Park Map Area Extent NMI "I S,l §� €a n pF Subject Site 'a ire,; a ell J Vaal ea;eightF�ark 0 , z� >, a v dd e 4 ma �z rooroiranr� Park Ap s" � �itlat =i�a�kk G Project Name: 4566 Ches Mar Drive Request:Variance Case Nos.: 27- VA- 09- 08 -12 • I Feet 0 500 1,000 2,000 Legend Parcels s Buildings J Parks j will � 1 City Boundary N PLANNING REPORT CITY OF EAGAN REPORT DATE: September 14, 2012 APPLICANT: Douglas Swetland PROPERTY OWNER: Douglas Swetland REQUEST: Variance LOCATION: 4566 Ches Mar Drive CASE: 27- VA- 09 -08 -12 HEARING DATE: September 24, 2012 APPLICATION DATE: August 27, 2012 PREPARED BY: Katie Gullifer COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R- 1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of an 8' Variance to the required 30' structure setback from public right -of -way to allow a garage addition upon property located at 4566 Ches Mar Drive, legally described as Lot 1, Block 3, Ches Mar Third Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions �or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. a Planning Report — 4566 Ches Mar Drive (Swetland) August 29, 2012 Page 2 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Section 11.60, Subd. 5E, requires a minimum 30' structure setback from public right - of -way on property zoned R -1. City Code Section 11.70, Subd. 5P requires at least two enclosed parking spaces for each single - family dwelling unit. BACKGROUND /HISTORY Ches Mar Third Addition was platted in September of 1977. The home and attached two -stall garage was constructed in 1978 with the garage being setback 22' from the north property line. Staff has found no evidence of a Variance being granted to the standard 30' setback from Dunber7y Lane. EXISTING CONDITIONS The property contains an existing L- shaped rambler home on a corner lot which takes driveway access off of Ches Mar Drive to the west lot abuts Dunberry Lane. The lot is 14,000 s.f. in area. a • . The north side of the Plamiing Report — 4566 Ches Mar Drive (Swetland) August 29, 2012 Paee 3 EVALUATION OF REQUEST Proposal — The applicant is proposing to construct a garage addition on the front (west side) of the existing attached garage. The proposed addition will be 22' deep by 22' wide, and will extend toward Ches Mar Drive, covering up 22' of the existing driveway. The existing garage will be converted into a hobby workshop area, and will not be used as living or a home occupation space. City Code prohibits home occupation activity within an attached or detached garage or accessory structure. The applicant proposes to separate the hobby workshop from the addition by replacing the original garage door opening with a service door and wall, and reusing the existing garage door on the new garage addition. The walls, along with the ceiling and floor, will be insulated, drywall installed, and a heater added to the hobby workshop. The wall and door between the new workshop and the house will remain unchanged. Setbacks — Since this site is on a corner lot, the setbacks from the north and west are required to be 30' from the public right -of -way. The proposed setback to the north will remain at 22', and the setback from the west will be 33'. Lot Coverage — The existing building occupies approximately 2,088 s.f. or 14.9% of the lot area. The proposed 22' x 22' addition would add 484 s.£, bringing the lot coverage to 2,572 s.f. or 18.4 %. This is below the R -1 maximum of 20 %. The proposed addition plus the existing garage still covers less square footage than the living space. There are no detached accessory structures present on the property. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. A single family dwelling with an attached two -stall garage is present on the site. The surrounding area is developed with similar single - family homes with both two -stall and three -stall attached garages. Thus, a reasonable use presently exists on the site. Likewise, the proposed two -stall garage expansion also appears reasonable in the context of the surrounding area and proposal to convert the existing garage to workshop. W. Naming Report — 4566 Ches Mar Drive (Swetland) August 29, 2012 Page 4 The applicant is requesting relief from a required minimum setback to allow for the construction of a 22' x 22' garage addition. The site is a corner lot with two street frontages and resulting larger setbacks than for a typical side yard. However, this characteristic is shared by other corner lots in this neighborhood and elsewhere within the City. As proposed, the addition will maintain the established 22' setback from the north property line. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. The required visibility triangle at the intersection of the two streets would remain unobstructed. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative states that the proposed garage addition is needed because of the extra space it creates, allowing the existing garage space to be made into a hobby workshop. The practical difficulty is the corner lot. The applicant states the proposed addition will not have a detrimental impact on visibility at the street corner. The surrounding area has a mix of both two and three stall garages. The proposed garage addition will increase the storage area of the property. Furthermore, the garage addition is designed to be architecturally compatible with the existing structure. SUMMARY /CONCLUSION In summary, the applicant is requesting an 8' Variance to the required 30' front yard setback to allow a garage addition at 4566 Ches Mar Drive. A single- family home with a two -stall attached garage is present on the site. The applicant has stated that the hardship is that the property is a corner lot, which creates a practical difficulty with a larger required setback on the north side of the lot. The proposed addition expands the structure while maintaining the existing 22' setback from a public right -of- M R Planning Report — 4566 Ches Mar Drive (Swetland) August 29, 2012 Page 5 way. The existing garage will be separated from the garage addition by installing a wall and service door where the current garage door is, along with installing drywall and insulation to all the walls, floor, and ceiling. The wall and door separating this space from the house will remain unchanged. The elevation plan indicates the proposed garage addition will be architecturally compatible with the existing structure including same roof pitch, siding, and window type. ACTION TO BE CONSIDERED To approve an 8' Variance to the required 30' allow a 22'x 22' garage addition upon property the following conditions should apply. Structure setback from a public right -of -way to located at 4566 Ches Mar Drive. If approved, 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. In accordance with City Code standards, the driveway shall not be more than 22' wide at the property line. 3. A Building Permit shall be obtained prior to commencing construction. 4. The conversion of the existing garage to hobby workshop must follow, or be done concurrent with, construction of the new garage addition so as to maintain compliance with the City Code parking requirements for a single- family dwelling. 5. The applicant shall locate the property boundaries, or provide a survey prepared by a licensed land surveyor, prior to application for building permit. 6. The proposed addition shall not be located less than 22' from the north property line. 7. The addition shall not exceed one story, and the roof design and style shall match the principal structure. 8. The garage addition shall be finished with exterior materials to match the principal structure. 9. No home occupation activity shall be allowed within the garage. Project Description The property is a single - family home (L- shaped rambler) with a two -stall attached garage constructed in 1978. The lot is 14,000 square feet in area and is zoned R -1. It is a corner lot with driveway access to Ches Mar Drive to the west. The north side of the lot abuts Dunberry Lane. City code requires a minimum 30 foot setback from the public right -of -way. The existing garage is setback 22' from the lot line to the north. The garage setback to the west is 551 . The proposed 2T--by 22' attached garage addition is -on the west side of the current garage and would replace part of the existing driveway. The setback to the north would remain at 22' and the setback to the west would be 33'. The building coverage would total 2,572 square feet or 18.4% of the lot. The applicant would like to convert the existing garage into a hobby workshop. The lot is heavily wooded and any other location within the setback would eliminate several mature oak trees and would be architecturally questionable. The proposed addition will match the existing structure in roof pitch, siding and window type RECEIVED AUG 2 7 2012 RON 0 • -i 1 0 1 TIM U Lis Subject Site wal- MMIE Project Name: 4566 Ches Mar Drive Request:Variance Case Nos.: 27-VA-09-08-12 City of ERkan V, EIR Map Area Extent nil S3 LNI ON I I I Feet 0 500 1,000 2,000 Legend OParcels Buildings I I Z\ Parks City Boundary Blow Project Name: 4566 Ches Mar Drive Request:Variance Case Nos.: 27-VA-09-08-12 City of ERkan V, EIR Map Area Extent nil S3 LNI ON I I I Feet 0 500 1,000 2,000 Legend OParcels Buildings I I Z\ Parks City Boundary rn rn W flo Ches Mar Drive 60' Wide 0 c> -------- •- ----- - -- - -- ---- -•-- ---- -'-- - - - - -- n ----- --- ^- ^--- -, i q i n ' i h ' i ro ' <' ro � � W � ...................... 01 ps 'N (D , A? i - 5'1 c x ' i . tD N N tv ..... .:.. , . ro ro ' q.f.:::: rrl i ' ' n f f fw m, ' (D w cz � � a N m Ul _ i v N i, l ro (C) cz � � Z a 0 ----------------------------------------------------------------------- CA 1 C) ca a .ss c Q) m 4 O .0"-U n� :' ro m a U r W q C7 C -' N 0� Q: r ro w ro Z 11 � _a ? ^J m (D Fri Ches Mar Drive 6Q' Wide 1 -� Ca 1 1 � � I i � 1 w i �• 1 I ro ' 1 � I I I '/'-l'—^ Oo 1 rrt 1 1 @ I ' c.'... O. • .... i O ': y��.•.•. •.'44 1 v (D' ro 1 , � I ro, 1 �I I 1 1 j 1 i I M ' 1 1 1 i W C(�7 r O? © m O ' W 1 CD pI o Ci N CD i O I N N U) n 0 1 n p �• @ N O O ro i 1 CQ 0 U) n 1 m 0 c i N N 11 1 ' O. cCLD A i I I i 1 � 1 1 1 1 I I 1 1 1 I I 1 I I t • 0 as U) .a c s� ro 0 n 0 �X rn n. C O a. 00 C7 C wa o (3' (L ro � ro z u O Err fD ((D 'ES CP d"D Ff) UVO-1 milm R� -1 Ln 0 (A ' C) mo V Q. (D %n CL R 0 :3 RAM M Q � � lU Q cr) m z -0 44 0 o ul a) 0 m in rD M (D < 0 @ a) d. a. Agenda Information Memo September 19, 2012 Eagan City Council Meeting PUBLIC HEARINGS B. PROJECT 1016R, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1016R (Ames Crossing Road - Street & Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1016R provided for the street and utility improvements on Ames Crossing Road, completing a continuous street connection between Lone Oak Road and O'Neill Drive to service the development and surrounding area in northeast Eagan. • The Final Assessment Roll was presented to the City Council on August 21, 2012, with a public hearing scheduled for September 19 to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessment costs are approximately 65% less than the estimated benefit amount that was presented at the original Public Hearing on March 2, 2010, due to significant reductions in easement acquisition costs and favorable contractor bids. • Assessment and deferral agreements have been reached with the Cole Family Enterprises and Richard & Ruth Cole properties. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 10 to address all property owners' questions or concerns and provide any additional information of interest. Of the six parcels (all Commercial/ Industrial zoned or guided) being assessed, no one attended the meeting. ATTACHMENTS: • Final .Assessment Report, pages through M3 'In FINAL ASSESSMENT REPORT PROJECT Number: Project 1016R Name: Ames Crossing Road Street & Utility Improvements PUBLIC HEARING DATES Assessment: Project Approval Date September 19, 2012 March 2, 2010 (1016R) September 1, 2009 (1016 Sanitary Sewer Final Rate Feasibility Report Units Sanitary Sewer Final Rate Feasibility Report Units ® Trunk $2,625 $2,625 Acre 0 Trunk $0.18 $0.18 Sq. Ft. (2009 Fee Sch.) (2009 Fee Sch.) $1,016,171.08 (2009 Fee Sch.) F1 Installation ❑X Lateral $31.35 $31.35 F. F, 0 Lateral $48.27 $48.27 F. F. (2009 Fee Sch.) (2009 Fee Sch.) ❑ Service ❑ Service ❑ Lat. Benefit/Trunk 0 Commercial St. & $134.70 $168.98 F. F. Water Final Rate Feasibility Report Units Street Improvements Final Rate Feasibility Report Units 0 Trunk $2,770 $2,770 Acre ❑ Gravel Base Rate Report 3.5% (2009 Fee Sch.) $1,016,171.08 F1 Installation $2,144.491.00 FR $1,686,119.00 FR 0 Lateral $39.88 $39.88 F. F. El Surf. /Signs - Direct Access (2009 Fee Sch.) ❑ Service 0 Commercial St. & $134.70 $168.98 F. F. Drainage- Segment 1 ❑ Lat. Benefit/Trunk 0 Commercial St. & $267.51 $985.07 F. F. Drainage- Segment 2 WAC ❑ Driveway -CI Other Final Feasibility Units Streetlights Final Feasibility Units Rate Report 10 -11 Rate Report 3.5% ❑ Service Pair $1,016,171.08 F1 Installation $2,144.491.00 FR $1,686,119.00 FR ❑ Energy Charge Contract Number of Terms Interest Rate Amount Assessed City Financed Number Parcels 10 -11 6 15 years 3.5% $ 664,322.02 $1,016,171.08 $2,144.491.00 FR $1,686,119.00 FR G: Proj &Contracts/1016AmesCrossing /Assessments 1016R/FinalAssessmentReport r To: Mayor and City Council From: John P. Gorder, City Engineer Date: September 10, 2012 Subject: Final Assessment Report, Project 1016R Ames Crossing Road Street & Utility Improvements On September 1, 2009, the City Council held a Public Hearing for Project 1016 — Ames Crossing Road Street & Utility Improvements, authorized the preparation of detailed plans and specifications, and the acquisition of easements through quick -take eminent domain process, if necessary. In subsequent meetings between City staff, affected property owners (Cole Family Enterprises, representatives of Northwest/ Delta) and the petitioner (Interstate Partners), another alignment option was discussed. Due to the alternative alignment option, and its potential impact to additional properties and the condemnation process to acquire the necessary public rights of way, another public hearing was held on this project. At the public hearing on March 2, 2010, the City Council ordered Project 1016R, and in accordance with the feasibility report, the street and utility improvements on Ames Crossing Road were constructed. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess a portion of the Ames Crossing Road street & utility improvements to the benefiting properties. The improvements were completed under Contract 10 -11. The following information was used in the preparation of the assessment roll for Project 1016R. PROJECT COST The construction cost includes the amount of $1,078,023.83 paid to the contractors for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $602,479.27 were incurred resulting in an improvement and project cost of $1,680,503.10. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of certain improvements and the assessment rate. Sanitary Sewer $65,716.19 $32,703.19 $98,419.38 $167,360 Water Main $108,604.14 $54,046.07 $162,650.21 $304,530 Trunk Storm Sewer $32,662.90 $16,254.46 $48,917.36 $234,260 Trail (8') $38,149.80 $18,984.97 $57,134.79 $38,610 Lateral Storm Sewer $78,671,11 $39,150.11 $117,821..22 N/A Totals $1,078,023.83 $602,479.27 $1,680,503.10 $3,830,610 C�� CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COSTS REPORT Commercial Street & Drainage — Segment 1 $362,103.68 $180,198.28 $542,301.96 $680,300 Commercial Street & Drainage — Segment 2 $392,116.01 $261,142.20 $653,258.21 $2,405,550 Sanitary Sewer $65,716.19 $32,703.19 $98,419.38 $167,360 Water Main $108,604.14 $54,046.07 $162,650.21 $304,530 Trunk Storm Sewer $32,662.90 $16,254.46 $48,917.36 $234,260 Trail (8') $38,149.80 $18,984.97 $57,134.79 $38,610 Lateral Storm Sewer $78,671,11 $39,150.11 $117,821..22 N/A Totals $1,078,023.83 $602,479.27 $1,680,503.10 $3,830,610 C�� TRUNK ASSESSMENTS Trunk assessments for utilities were proposed in the feasibility report for benefiting properties. Therefore, sanitary, water and storm sewer trunk assessments are proposed in this assessment roll at rates in effect at the time of the original project public hearing (2009). The rates are as follows: • Trunk Water Main = $2,770/ net acre • Trunk Storm Sewer = $0.180/ net square foot LATERAL ASSESSMENTS Commercial Street & Drainage/ Lateral Storm Sewer Improvement Costs — As identified in the feasibility report, the costs of the commercial street improvements and lateral storm sewer were computed using the total payments to contractors and associated overhead costs for Contract 10- 11 (Ames Crossing Road). Commercial Street & Drainage — Segment 1 Improvement Costs = $542,301.96 Front Footage =4,026 F.F. Assessment Rate = $542,301.96 / 4,026 F.F. _ $134.70/F.F. Commercial Street & Drainage — Segment 2 Improvement Costs = $653,258.21 (Including Easement Overhead Costs = $66,000.50) Front Footage = 2,442 Front Feet Assessment Rate = $653,258.21 / 2,442 F.F. _ $267.51/F.F. Lateral Storm Sewer Improvement Costs = $117,821.22 Front Footage = 2,441 Front Feet Assessment Rate = $117,821.22 / 3,441 F.F. _ $48.27/F.F. Lateral Sanitary Sewer/ Water Main - As identified in the feasibility report, the assessment costs of the lateral sanitary sewer and water main were proposed as rates in effect at the time of the original public hearing (2009). The rates are as follows: • Lateral Sanitary Sewer = $31.35/ front foot • Lateral Water Main = $39.88/ front foot ASSESSMENT AGREEMENTS In exchange for property easement considerations, an assessment agreement was reached with the property owner of Parcels 10- 00100 -02 -010 and 10- 00100 -03 -010. The agreement with Parcel 10- 00100 -02 -010 calls for a $485,000 credit on assessments to that property. This assessment report and the final assessment roll has been prepared to reflect this credit. This agreement also calls for the remaining assessments ($144,780.08) to be deferred and collected at time of connection at the prevailing City rates in effect at that time. An assessment deferral agreement with Parcel 10- 00100 -03 -010 calls for the trunk assessments to this property ($87,751.32) to be deferred and collected at time of connection at the prevailing City rates in effect at that time. too CITY REVENUES (RESPONSIBILITY Sanitary Sewer IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Commercial Street & $542,301.96 $324,761.70 $217,540.20 Drainage — Segment 1 $38,149.80 -0- $38,149.80 Commercial Street & $117,821.23 $43,249.92 $74,571.31 Drainage — Segment 2 $653,258.21 $25,680.96 $627,577.25 Sanitary Sewer $98,419.38 $32,375.87* $66,043.61 Water Main $162,650.21 $64,082.65* $98,567.56 Trunk Storm Sewer $48,917.36 $174,180.93* ($125,263.57) Trail (8') $38,149.80 -0- $38,149.80 Lateral Storm Sewer $117,821.23 $43,249.92 $74,571.31 Totals $1,680,503.10 $664,332.02 $1,016,171.08 * Includes assessment credits and deferrals per agreements CITY FUND RESPONSIBILITY Major Street Fund $ 845,117.51 Major Utility Fund $171,053.57 Total $ 1,016,171.08 An P. Gorder, P.E. Reviewed Public Works Department °l— 4— t`zz Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant I �o\ Received Finance Department 9 Date �m{ { §E (/) ) ~/ }3 \ \� }\ \ \5\ ! ! ( _ \ k 2 \go _ 2 ) ] ) l 20 < < < \ § \)§ , z z ! « k ` | }k) ! ) ! z ! ! ± \ ! ! ! ( I ! } z z z ! ) 6 z _ Q ) } / � � \ \ / \w,/ }kol # , \ a }3 \ \� }\ \ \5\ _ \ k 2 \go _ 2 ) ] ) l ` \ Y o JO NUO � 2Z. 7 JO �ZON� I Z °, 2 °� w ~u1a N azuNi lon LL w ?o� I z o _ pW OO "FZl.Wd.�� N � ° tY 01 OON az Mz c I< K ZW U Y� AVMNtltld 1S -180N U) F ------ ------ — _____------ ------- z W LU LU P Q > o Io ' s ;, °oQ 2 o F-Z a Z Wb Zk'm= i m U) F- w JOo I 'owe¢ CJ K LLJ (n a L - - -- -- am o¢ cA W cxa n. Q 01 x n W C) w co !r ol -- ---- --- - - ----- flz OR SKI o Lea wN \ U / <Up�l xN666 arv3 W i t I� 1 `I Q •-` I I �``-� -- - --j MM w p� II/ y9 I I y Y o Agenda Information Memo September 19, 2012 Eagan City Council Meeting PUBLIC HEARINGS C. PROJECT 1047, JOHNNY CAKE RIDGE ROAD STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1047 (Johnny Cake Ridge Road, Cliff Road to Apple Valley border - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1047 provided for the street overlay improvements of Johnny Cake Ridge Road (south of Cliff Road to Apple Valley border) in south - central Eagan. • The Final Assessment Roll was presented to the City Council on August 21, 2012, with a public hearing scheduled for September 19 to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments to the County's Lebanon Hills Regional Park are set at the City's Fee Schedule rate by an agreement reached in 2004. Dakota County has requested to make full payment of this assessment on January 27, 2013. • The final assessments for the remaining assessable properties (City park) are approximately equal to the estimate contained in the feasibility report presented at the public hearing held on December 20, 2011. • All notices have been published in the legal newspaper and sent to the affected property owners (County Parks and City of Eagan Parks) informing them of this public hearing. ATTACHMENTS: • Final Assessment Report, pages 10E through \0' � � o q FINAL ASSESSMENT REPORT PROJECT Number: 1047 Johnny Cake Ridge Road Street Overlay (Cliff Rd to Name: AV Border) PUBLIC HEARING DATES Assessment: September 19, 2012 Project Approval: December 20, 2011 �0!5 Final Feasibility Rate Report Units STREET Surf. /Signs - Comm Park $17.75 $17.55 F. F. STREET Surf. /Signs County Park $88.45 $88.45 F. F. (Per Agreement) STREET Surf. /Signs County Park $25.60 $25.60 F. F. (Per Agreement) Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 12 -01 6 10 yrs 3.5% $ 102,264.08 $ 164.08 $ 205,455.58 $ (124,344.42) $ 102,100.00 FR 0.2% $ 329,800.00 FR -37.7% �0!5 Ahhh- City of Evan demo To: Mayor and City Council From: John Gorder, City Engineer Date: September 14, 2012 Subject: Final Assessment Roll, Project 1047 Johnny Cake Ridge Road Street Overlay (Cliff Rd to AV Border) At the public hearing on Dec 20, 2011, the City Council ordered Project 1047. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, concrete curb & gutter repair, and bituminous trail overlay for the Johnny Cake Ridge Road Street Overlay (Cliff Rd to AV Border) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting properties. The improvements were completed under Contract 12 -01. The following information was used in the preparation of the assessment roll for Project 1047. PROJECT COST The total construction cost for this project is $254,843.26. This includes $251,619.32 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $3,223.94. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $52,876.40 were incurred, resulting in a total improvement and project cost of $307,719.66. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street Mill & Overlay/ Signage $205,797 $42,700 $248,497 $245,700 Curb & Gutter Repair/ Trail Overlay $49,046 $10,176 $59,223 $186,200 $254,843 $52,876 $431,900 $307,720 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: V 0( ITEM UNIT QTY PRICE COST MOBILIZATION LS 1.00 $12,637.50 $12,637.50 MILL BITUMINOUS PAVEMENT (11/4" FULL WIDTH) SY 29,120.00 2.25 65,520.00 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,750.00 3.00 5,250.00 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 2,181.94 44.00 96,005.36 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (Patch) TON 18.45 100.00 1,845.00 ADJUST FRAME & RING CASTING EA 1.00 375.00 375.00 REMOVE & REPLACE FRAME & RING CASTING (27 ") EA 2.00 650.00 1,300.00 TRAFFIC CONTROL LS 1.00 5,925.00 5,925.00 PAVEMENT MESSAGE (LT ARROW) EPDXY EA 6.00 100.00 600.00 PAVEMENT MESSAGE (RTTHRU ARROW) EPDXY EA 2.00 130.00 260.00 4" SOLID WHITE LINE EPDXY LF 9,269.00 0.21 1,946.49 24" SOLID LINE YELLOW LINE EPDXY LF 1,185.00 5.25 6,221.25 4" DOUBLE SOLID YELLOW LINE EPDXY LF 7,890.00 0.42 3,313.80 CROSSWALK MARKING EPDXY SF 312.00 3.10 967.20 24" SOLID LINE WHITE LINE EPDXY LF 25.00 6.30 157.50 12" SOLID LINE WHITE LINE EPDXY LF 79.00 3.15 248.85 TRAFFIC/ STREET SIGNS LS 1.00 3,223.94 3,223.94 Subtotal $205,796.9 Other costs $42,700.0 Total Cost of Assessable Item(s) $248,496.9 Community Park Improvements: The City's Assessment Policy states that 75% of the Street Mill & Overlay/ Signage costs are assessable for Community Park properties. The improvement and assessment rate for the Community Park properties is computed as follows: Community Park = 735.0 F.F. / 10,481.0 F.F = 7.00% $248,496.85 (Street Mill & Overlay/ Signage Cost) x 7.00% x 75% = $13,046.08 (Total Assessment) $13,046.08 (Total Assessment) _ $17.75 / Front Foot 735 Front Feet County Park Improvements: Lebanon Hills Regional Park (LHRP), as shown on Figures 2A /B /C, adjacent to Johnny Cake Ridge Road within the project area, is proposed to be assessed, per a 2004 assessment agreement between the City and Dakota County. The agreement is based on park facility usage and calls for the LHRP property west of Johnny Cake Ridge Road (Parcel 10- 03200 - 010 -75) to be assessed for 1,000 feet of its frontage, at the City Fee Schedule (2011) rate for an overlay (44' wide) at $88.45/ F.F. $88,450.00 (Total Assessment) _ $88.45 / Front Foot 1000 Front Feet The agreement also calls for the LHRP property east of Johnny Cake Ridge Road (Parcel 10- 03300 - 010 -51) to be assessed for 30 feet of its frontage, at the City Fee Schedule (2011) rate for trail at $25.60/ F.F. $768.00 (Total Assessment) _ $25.60/ Front Foot 30 Front Feet �o I The remaining Johnny Cake Ridge Road frontage within the project area (8,716 front feet or 83.2 %) is either sideyard or backyard property with no driveway accesses, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 10 years for non - residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Street Mill & Overlay/ Signage Curb & Gutter Repair/ Trail Overlay CITY FUND RESPONSIBILITY Major Street Fund: $205,456 Joh order, P.E. RPI /IPIA/P/'i 1P - 'vl . _1^_C . Public Works Department ,at — 0- — I, -z- Date C: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant 11 IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY $248,497 $59,223 $307,720 $102,264 $146,233 $0 $59,223 $102,264 $205,456 Finance Department Date 9 -/�- V()- Appendix B Preliminary Assessment Roll City Project 1047 Johnny Cake Ridge Road Park P.I.D. Assessable Front Foot Rate /F.F. Street Overlay Assessment Ridgecliffe Park (City) 10- 63980 -00 -062 53.1 $17.75 $942 Ridgecliffe Park (City) 10- 63980 -00 -061 200.3 $17.75 $3,555 Ridgecliffe Park (City) 10- 39800 -00 -030 374.7 $17.75 $6,651 Lebanon Hills Reg Pk (City) OL B Brittany - Assessable portion 10- 15000 -00 -020 107.0 $17.75 $1,899 Lebanon Hills Reg Pk (County)* 10- 03200 -75 -010 1000.0 $88.45 $88,450 Lebanon Hills Reg Pk (County)* 10- 03300 -51 -010 30.0 $25.60 $768 Subtotals 1765 $102,266 TOTAL ASSESSMENTS 1 $102,266 *Use 1,000 FF for Parcel 10- 03200 - 010 -75 (2,041.7' actual) & 30 FF (1,458.4 actual) for Parcel 10- 03300 - 010 -51 per agreement with County *LHRP/ County assessment rate per 2011 City Fee Schedule, also per agreement with County Non - Assessable Properties OL B Brittany (Easement - non assessable portion) 10- 15000 -00 -020 220 Front Footage Summary City Park (Ridgecliffe/ LHRP) 735.0 7.0% County Park (LHRP) 3,500.0 33.4% Non - Assessable (easement and sideyard/ backyard) 6,246.0 59.6% Total 10,481.0 100.0% 40CA Agenda Information Memo September 19, 2012 Eagan City Council Meeting PUBLIC HEARINGS D. PROJECT 1076, SLATER ROAD/WHISPERING WOODS 4TH & 5TH STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1076 (Slater Road /Whispering Woods 0' and 5th - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1076 provided for the street overlay improvements on Slater Road (Wall Street to the Burnsville border) and the streets within the Whispering Woods 0' and Stn Additions in southwest Eagan. • The Final Assessment Roll was presented to the City Council on August 21, 2012, with a public hearing scheduled for September 19 to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessment cost is approximately 6% less than the estimated benefit amount that was presented at the original Public Hearing on January 3, 2012. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 10 to address all property owners' questions or concerns and provide any additional information of interest. Of the 76 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages \ \\ through \ \Ib. tta FINAL ASSESSMENT REPORT PROJECT Number: 1076 Slater Road / Whispering Woods 4th / 5th Street Name: Overlay STREET Contract Number of Number Parcels 12 -01 76 Terms 5 yrs PUBLIC HEARING DATES Assessment: September 19, 2012 Project Approval: January 3, 2012 Final Feasibility Rate Report Units $841.06 $900.00 Lot Eq. Interest Amount Variance City Rate Assessed Actual to FR Financed 3.5% $ 63,919.56 $ (4,480.44) $ 135,789.91 $ 68,400.00 FR -6.6% $ 152,900.00 FR M Variance $ (17,110.09) -11.2% From: John Gorder, P.E. Date: September 14, 2012 Subject: Final Assessment Roll, Project 1076 Slater Road - Whispering Woods 4th -5th Additions Street Overlay At the public hearing on January 3, 2012, the City Council ordered Project 1076. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, street sign replacement, and concrete curb & gutter repair for the Slater Road/ Whispering Woods 4th -5th Additions Street Overlay project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving and street sign replacement improvements to the benefiting residential properties. The improvements were completed under Contract 12 -01. The following information was used in the preparation of the assessment roll for Project 1076. I Z0111xQ 111011-11 The total construction cost for this project is $154,513.32. This includes $153,237.88 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,275.44. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $45,196.59 were incurred, resulting in a total improvement and project cost of $199,709.91. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Mill & Overlay / Signage $39,971 $11,692 $51,663 $51,600 Slater Road Mill & Overlay / Signage $76,984 $22,518 $99,502 $109,000 Whispering Woods 4th -5th Curb & Gutter Repair $37,559 $10,986 $48,546 $60,700 $154,513 $45,197 $199,710 $221,300 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Mill & Overlay - Slater Road ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" - 1 1/4 ") BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (PatO ADJUST FRAME & RING CASTING REPAIR GATE VALVE TOP SECTION W/ COVER ADJUST FRAME & RING CASTING TRAFFIC CONTROL 4" DOUBLE SOLID YELLOW LINE EPDXY TRAFFIC SIGNS Subtotal Other costs Total Mill & Overlay - Whispering Woods 4th -5th Additions ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" - 1 1/4 ") BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (Patch) ADJUST GATE VALVE BOX REPAIR GATE VALVE TOP SECTION W/ COVER ADJUST FRAME & RING CASTING TRAFFIC CONTROL TRAFFIC SIGNS Subtotal Other costs Total Residential Lots - Direct Access Improvements: UNIT QTY PRICE COST LS 1.00 1,710.27 1,710.27 SY 1,968.00 2.25 4,428.00 GAL 450.00 3.00 1,350.00 TON 590.40 44.00 25,977.60 TON 18.65 100.00 1,865.00 EA 3.00 100.00 300.00 EA 1.00 145.00 145.00 LS 6.00 375.00 2,250.00 LS 1.00 801.85 801.85 LF 1,203.00 0.42 505.26 LS 1.00 637.72 637.72 39,970.70 11, 691.80 51,662.50 UNIT QTY PRICE COST LS 1.00 4,187.23 4,187.23 SY 5,156.00 2.25 11,601.00 GAL 900.00 3.00 2,700.00 TON 942.60 44.00 41,474.40 TON 42.70 100.00 4,270.00 EA 13.00 100.00 1,300.00 EA 8.00 145.00 190.00 EA 20.00 375.00 7,500.00 LS 1.00 1,963.15 1,963.15 LS 1.00 637.72 637.72 76,983.50 22,518.39 99, 501.89 The City's Assessment Policy states that 50% of the Mill & Overlay/ Signage - Slater Road costs are assessable for Residential Lots - Direct Access properties. This assessment rate is based on a normal residential street width of 32 feet. The average street width for the project area being assessed is 37 feet. Therefore, the amount assessed must be adjusted to reflect this difference. Because the existing pavement on Slater Road is 18 years old, 2 years short of its 20 -year life cycle expectancy, a 10% (2/20) credit is proposed per the City's Special Assessment Policy. The improvement and assessment rate for the Residential Lots - Direct Access properties is computed as follows: $51,662.50 (Mill & Overlay / Signage - Slater Road Cost) x 50% x 90% x 32/37 x 91.5% = $18,397.44 $99,501.89 (Mill & Overlay/ Signage - Whispering Woods 4th -5th Additions Cost) x 50% x 91.5% = $45,522.11 $63,919.56 (Total Assessment) = $841.06 / Lot 76 Lots ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. W3 CITY REVENUES (RESPONSIBI IMPROVEMENT Mill & Overlay/ Signage Slater Road & Whispering Woods 4th - 5th Curb & Gutter Repair CITY FUND RESPONSIBILITY Major Street Fund: $135,790 JohWGorder, P.E. Reviewed �La-� Public Works Department at- (¢ -IZ. Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant IMPROVEMENT COST ASSESSMENT REVENUE CITY RESPONSIBILITY $151,164 $63,920 $87,244 $48,546 $ -0- $48,546 $199,710 $63,920 $135,790 M Date Appendix B Final Assessment Roll City Project 1076 - Slater Road /Whispering Woods 4th & 5th Slater Road R -1 Residential P.I.N. Lot Equivalent Rate Total 4905 Slater Road 10- 83959 -01 -010 1 $841.06 $841.06 4909 Slater Road 10- 83959 -01 -020 1 841.06 $841.06 4913 Slater Road 10- 83959 -01 -030 1 841.06 $841.06 4917 Slater Road 10- 83959 -01 -040 1 841.06 841.06 4921 Slater Road 10- 83959 -01 -050 1 841.06 $841.06 4925 Slater Road 10- 83959 -01 -060 1 841.06 $841.06 4929 Slater Road 10- 83959 -01 -070 1 841.06 841.06 4933 Slater Road 10- 83959 -01 -080 1 $841.06 $841.06 4937 Slater Road 10- 83959 -01 -090 1 841.06 841.06 4941 Slater Road 10- 83959 -01 -100 1 841.06 $841.06 4920 Slater Road 10- 16725 -02 -030 1 $841.06 $841.06 4924 Slater Road 10- 16725 -02 -020 1 F,8 41.06 $841.06 4928 Slater Road 10- 16725 -02 -010 1 $841.06 $841.06 4940 Slater Road 10. 83959 -02 -010 1 $841.06 $841.06 4944 Slater Road 10- 83959 -02 -020 1 841.06 $841.06 4948 Slater Road 10- 83959 -02 -030 1 841.06 $841.06 2225 Estates Dr (access to Slater Road) 10- 83959 -01 -110 1 $841.06 $841.06 4861 Four Seasons Drive Subtotals 17 $841.06 $14,298.02 Four Seasons Court R -1 Residential P.I.N. Lot Equivalent Rate Total 4851 Four Seasons Court 10- 83954 -01 -070 1 $841.06 $841.06 4855 Four Seasons Court 10- 83954 -01 -080 1 $841.06 $841.06 4859 Four Seasons Court 10- 83954 -01 -090 1 $841.06 $841.06 4858 Four Seasons Court 10- 83954 -01 -100 1 $841.06 $841.06 4854 Four Seasons Court 10- 83954 -01 -110 1 $841.06 $841.06 4850 Four Seasons Court 10- 83954 -01 -120 1 $841.05 841.05 4825 Four Seasons Drive Subtotals 6 841.06 $5,046.35 Four Seasons Drive R -1 Residential P.I.N. Lot Equivalent Rate Total 4801 Four Seasons Drive 10- 83953 -02 -010 1 $841.06 841.06 4805 Four Seasons Drive 10- 83953 -02 -020 1 $841.06 $841.06 4809 Four Seasons Drive 10- 83953 -02 -030 1 $841.06 $841.06 4813 Four Seasons Drive 10- 83954 -01 -010 1 841.06 4817 Four Seasons Drive 10- 83954 -01 -020 1 $841.06 4821 Four Seasons Drive 10- 83954 -01 -030 1 $841.06 M 4825 Four Seasons Drive 10- 83954 -01 -040 1 841.06 4829 Four Seasons Drive 10- 83954 -01 -050 1 841.06 4833 Four Seasons Drive 10- 83954 -01 -060 1 841.06 4800 Four Seasons Drive 10- 83953 -01 -070 1 $841.06 841.06 4804 Four Seasons Drive 10- 83953 -01 -060 1 $841.06 $841.06 4816 Four Seasons Drive 10- 83954 -02 -030 1 841.06 $841,06 4820 Four Seasons Drive 10- 83954 -02 -020 1 841.06 $841.06 4832 Four Seasons Drive 10- 83954 -02 -010 1 $841.06 841.06 4845 Four Seasons Drive 10- 83954 -01 -130 1 $841.06 $841.06 4853 Four Seasons Drive 10- 83957 -01 -010 1 $841.06 $841.06 4857 Four Seasons Drive 10- 83957 -01 -020 1 841.06 $841.06 4861 Four Seasons Drive 10- 83957 -01 -030 1 $841.06 $841.06 4865 Four Seasons Drive 10- 83957 -01 -040 1 $841.06 $M1.06 4865 Four Seasons Drive 10- 83957 -01 -050 1 $841.06 $841.06 �� a 4856 Four Seasons Drive 10- 83956 -01 -020 1 $841.06 841.06 4860 Four Seasons Drive 10- 83956 -01 -030 1 $841.06 $841.06 4864 Four Seasons Drive 10- 83956 -01 -040 1 $841.06 $841.06 4868 Four Seasons Drive 10- 83956 -01 -050 1 $841.06 841.06 4872 Four Seasons Drive 10- 83955 -01 -020 1 $841.05 $841.05 $841.06 Subtotals 25 1 $21,026.49 Whispering Trail R -1 Residential P.I.N. Lot Equivalent Rate Total 2226 Whispering Trail 10- 83952 -02 -010 1 841.06 $841.06 2238 Whispering Trail 10- 83952 -02 -090 1 841.06 841.06 2246 Whispering Trail 10- 83953 -04 -010 1 $841.06 $841.06 2254 Whispering Trail 10- 83953 -04 -020 1 $841.06 $841.06 2258 Whispering Trail 10- 83954 -03 -010 1 841.06 841.06 2262 Whispering Trail 10- 83954 -03 -020 1 841.06 $841.06 2266 Whispering Trail 10- 83954 -03 -030 1 841.06 841.06 2272 Whispering Trail 10- 83956 -01 -010 1 841.06 841.06 2233 Whispering Trail 10- 83952 -01 -040 1 841.06 $841.06 2237 Whispering Trail 10- 83952 -01 -050 1 $841.06 841.06 2241 Whispering Trail 10- 83953 -01 -010 1 841.06 $841.06 2245 Whispering Trail 10- 83953 -01 -020 1 841.06 $841.06 2249 Whispering Trail 10- 83953 -01 -030 1 841.06 $841.06 2253 Whispering Trail 10- 83953 -01 -040 1 $841.06 841.06 2265 Whispering Trail 10- 83954 -02 -040 1 841.06 $841.06 2269 Whispering Trail 10- 83954 -02 -050 1 841.06 841.06 2273 Whispering Trail 10- 83954 -02 -060 1 $841.06 $841.06 2277 Whispering Trail 10- 83954 -02 -070 1 841.06 841.06 Subtotals 18 $15,139.08 Whispering Court R -1 Residential P.I.N. Lot Equivalent Rate Total 4813 Whispering Court 10- 83952 -02 -080 1 841.06 $841.06 4817 Whispering Court 10- 83952 -02 -070 1 $841.06 $841.06 4821 Whispering Court 10- 83952 -02 -060 1 $841.06 $841.06 4825 Whispering Court 10- 83952 -02 -050 1 $841.06 841.06 4828 Whispering Court 10- 83952 -02 -040 1 $841.06 841.06 4824 Whispering Court 10- 83952 -02 -030 1 $841.06 $841.06 4820 Whispering Court 10- 83952 -02 -020 1 $841.06 $841.06 Subtotals 7 $5,887.42 Travelers Trail R -1 Residential P.I.N. Lot Equivalent Rate Total 2281 Travelers Trail 10- 83953 -01 -050 1 $841.06 $841.06 2280 Travelers Trail 10- 83953 -03 -020 1 $841.06 $841.06 2284 Travelers Trail 10- 83953 -03 -010 1 $841.06 $841.06 Subtotals 3 $2,523.18 76 Single - Family Lots TOTAL ASSESSMENT $ 63,920.54 Mo -228�I �B 4805 4804 �. �- 2253a / 480 � TR - —' xr� e E• .� AVE ,Rs 4813. ,2284 TRL.. _� a 71 r 4816 .r 22650 � r _4821 �� _ • v �! 4� °2263+ ", C� 14825 FVk � Z ®T832Y 5� { � ,Y IN Ale W 224,1, 2327 2233 i 164813° 2238�� c481�7 � � _ x•,2226'' _ • _ I i uJ .• 4824 t 825 WWI 860 48644868 _ �i�R� 87r2r *- ■ _ 4865f.- 3 = : 4869 Y � b i - dr Slater Road / Whispering Woods 4th & 5th Add. Street Revitalization - Project 1076 'ity of Eap Final Assessments � �7 Fig. 1A Slater Road / Whispering Woods 4th & 5th Add. Street Revitalization - Project 1076 City ofEap Final Assessments 1\1� Fig. 1 B Agenda Information Memo September 19, 2012 Eagan City Council Meeting PUBLIC HEARINGS E. PROJECT 1080, RAHN ROAD STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1080 (Rahn Road - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1080 provided for the street overlay improvements on Rahn Road (Cedar Grove Parkway to Shale Lane) in western Eagan. • The Final Assessment Roll was presented to the City Council on August 21, 2012, with a public hearing scheduled for September 19 to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessment costs are approximately 31% less than the estimated benefit amounts that were presented at the original Public Hearing on December 20, 2011. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 10 to address all property owners' questions or concerns and provide any additional information of interest. Of the 165 total properties (159 single- family to multi - family residential, 3 commercial /industrial, 3 public facility) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages IDD through 4_ ". �0\ PROJECT PUBLIC HEARING DATES Number: 1080 Assessment: September 19, 2012 Name: Rahn Road - Street Overlay Project Approval: December 20, 2011 Final Feasibility Rate Report Units STREET Surf. /Signs - Low Dens Res $478.33 $640.00 Lot Eq. (Single Family) STREET Surf. /Signs - Low Dens Res $358.75 $480.00 TH (Townhome) STREET Surf. /Signs - Direct Access $8.05 $11.00 F. F. (H.D. Rental) STREET Surf. /Signs - Direct Access $30.94 $42.00 Unit (HD- Owner) STREET Surf. /Signs - Direct Access $730.03 $980.00 Acre (Public Facility) STREET Surf. /Signs - Direct Access $1609.09 2,120.00 Net Acre (Commercial /Industrial) Commercial Driveway Entrance $73.00 93.00 Sq. Yd. Replacement Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 12 -01 165 5/10 yrs 3.5% $ 66,016.00 $ 20,584.00 $ 280,433.00 $ 91,567.00 $ 86,600.00 FR -23.8% $ 372,000.00 FR -24.6% c ac) Abahm 4TO' City of Fagan Memo To: Mayor and City Council From: John Gorder, P.E. Date: September 14, 2012 Subject: Final Assessment Roll, Project 1080 Rahn Road - Street Overlay At the public hearing on December 20, 2011, the City Council ordered Project 1080. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, street sign replacement, concrete driveway entrance repair, concrete curb & gutter repair and bituminous trail overlay for the Rahn Road - Street Overlay project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving and street sign replacement improvements to the benefiting adjacent properties. The improvements were completed under Contract 12 -01. The following information was used in the preparation of the assessment roll for Project 1080. PROJECT COST The total construction cost for this project is $276,617.86. This includes $274,374.75 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,243.11. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $69,831.32 were incurred, resulting in a total improvement and project cost of $346,449.18. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ba\ CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Mill & Overlay / Signage $149,470.00 $37,733.46 $187,234.34 $249,500.00 Concrete Driveway Entrance $4,321.84 $1,091.94 $5,412.88 $5,100.00 Repair C &G / Trail Overlay $122,825.14 $31,006.83 $153,831.97 $204,000.00 Totals $276,618 $69,831 $346,449 $458,600 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ba\ M ill & Overlay/ Sign age ITEM UNIT QTY PRICE COST MOBILIZATION LS 1.00 13,480.00 13,480.00 MILL BITUMINOUS PAVEMENT (1 1/4" FULL WIDTH) SY 8,313.00 2.25 18,704.25 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,275.00 3.00 3,825.00 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 1,936.60 44.00 85,210.40 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (Patch) TON ADJUST GATE VALVE EA 28.00 100.00 2,800.00 REPAIR GATE VALVE TOP SECTION w /COVER EA 16.00 145.00 2,320.00 ADJUST FRAME & RING CASTING EA 26.00 375.00 9,750.00 REMOVE & REPLACE FRAME & RING CASTING (27 ") EA 1.00 650.00 650.00 ADJUST FRAME & RING CASTING (RISER) EA 3.00 180.00 540.00 TRAFFIC CONTROL LS 1.00 6,320.00 6,320.00 PAVEMENT MESSAGE (RT ARROW) EPDXY EA 1.00 100.00 100.00 PAVEMENT MESSAGE (RT THRU ARROW) EPDXY EA 4" SOLID WHITE LINE EPDXY LF 3,674.00 0.21 771.54 24" SOLID LINE YELLOW LINE EPDXY LF 4" DOUBLE SOLID YELLOW LINE EPDXY LF 4,594.00 0.42 1,929.48 CROSSWALK MARKING EPDXY SF 216.00 3.10 669.60 24" SOLID LINE WHITE LINE EPDXY LF 25.00 6.30 157.50 12" SOLID LINE WHITE LINE EPDXY LF TRAFFIC/ STREET SIGNS LS 1.00 2,243.11 2,243.11 Subtotal 149,470.08 Other Costs 37,733.46 Total of Assessable Item(s) 187,204.34 Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Signage costs are assessable for Low Density Residential (Single Family) properties. This assessment rate is based on a normal residential street width of 32 feet. The average street width for the project area being assessed is 44 feet. Therefore, the amount assessed must be adjusted to reflect this difference. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 5,035 F.F. / 12,688 Total F.F. = 39.7% $187,204.34 (Mill & Overlay / Signage Costs) x 39.7% x 50% x 32/44 = $27,025.50 $27,025.50 (Total SF Res. Assessment) = $478.33 / Lot 56.5 Lot Eq. Townhome = $478.33 x 75% = $358.75/ Townhome unit High Density Residential Lots (R4) - Rental Improvements: The City's Assessment Policy states that 75% of the Mill & Overlay/ Signage costs are assessable for High Density Residential Lots (R4) - Rental Unit properties. This assessment rate is based on a normal residential street width of 32 feet. The average street width for the project area being assessed is 44 feet. Therefore, the amount assessed must be adjusted to reflect this difference. The improvement and assessment rate for the High Density Residential Lots (R4) - Rental Unit properties is computed as follows: taa % High Density Res (Rental) = 1,840 F.F. / 12,688 F.F. = 14.5% $187,204.34 (Mill & Overlay / Signage Costs) x 14.5% x 75% x 32/44 = $14,806.16 $14,806.16 (Total HD Rental Assessment) = $8.05 / F.F. HD Res Rental 1,840 F.F. High Density Residential Lots (R4) - Owner - Occupied Unit Improvements: The City's Assessment Policy states that 75% of the Mill & Overlay/ Signage costs are assessable for High Density Residential Lots (R4) - Owner - Occupied properties (99 total units). This assessment rate is based on a normal residential street width of 32 feet. The average street width for the project area being assessed is 44 feet. Therefore, the amount assessed must be adjusted to reflect this difference. The improvement and assessment rate for the High Density Residential Lots (R4) - Owner - Occupied Unit properties is computed as follows: % High Density Res (Owner- Occupied) = 385 F.F. / 12,688 F.F. = 3.0% $187,204.34 (Mill & Overlay/ Signage Costs) x 3.0% x 75% x 32/44 = $3,063.74 $3,063.74 (Total HD Owner - Occupied Assessment) = $30.94 / Unit HD Owner - Occupied 99 Units Public Facility Lots Improvements: The City's Assessment Policy states that 75% of the Mill & Overlay/ Signage costs are assessable for Public Facility Lot properties. This assessment rate is based on a normal residential street width of 32 feet. The average street width for the project area being assessed is 44 feet. Therefore, the amount assessed must be adjusted to reflect this difference. The improvement and assessment rate for the Public Facility Lot properties is computed as follows: % Public Facility = 1,006 F.F. / 12,688 F.F. = 7.9% $187,204.34 (Mill & Overlay / Signage Costs) x 7.9% x 75% x 32/44 = $8,066.81 $8,066.81 (Total Public Facility Assessment) = $730.03 / Acre Public Facility 11.05 Acres Commercial / Industrial Improvements: The City's Assessment Policy states that 100% of the Mill & Overlay/ Signage costs are assessable for Commerical / Industrial Lot properties. Regardless of street width, the improvement and assessment rate for the Commercial / Industrial Lot properties is computed as follows: % Commercial / Industrial = 514 F.F. / 12,688 F.F. = 4.1 % $187,204.34 (Mill & Overlay/ Signage Costs) x 4.1 % = $7,675.38 $7,675.38 (Total Commercial / Industrial Assessment) = $1,609.09 / Net Acre Commercial / Industrial 4.77 Net Acres � J The remaining Rahn Road frontage within the project area (3,908 front feet or 30.8 %) is either sideyard or backyard property with no driveway accesses and; therefore, not assessable under the City's Assessment Policy. Commercial / Industrial - Concrete Entrance Apron Replacement - Assessment costs will be allocated to benefitting properties based on the individual entrance repair costs for each commerical / industrial property (1 total). The proposed assessment for each property for concrete entrance replacements, per actual cost of driveway repaired, approximately $73 per square yard is proposed as follows: Address Amount 3900 Cedar Grove Parkway (Lot 2, Block 1, Stryker Addition) $5,412.88 Total $5,412.88 ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for low- density and high- density- owner - occupied residential properties, and 10 years for high - density residential (rental), public facility and commercial/ industrial properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILI IMPROVEMENT Mill & Overlay/ Signage Concrete D/W Entrance Repair Curb & Gutter/ Trail Overlay CITY FUND RESPONSIBILITY Major Street Fund: $280,433 J*n Gorder, P.E. Reviewed Public Works Department 9 — t 4- _ Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant IMPROVEMENT COST $187,204 $5,413 $153,832 $346,449 �D4 ASSESSMENT REVENUE $60,603 $5,413 $_0_ $66,016 CITY RESPONSIBILITY $126,601 $ -0- $153,832 $280,433 Finance Department Date Appendix B Final Assessment Roll City Project 1080 Rahn Road Rahn Road /Jade Lane /Carnelian Lane/ Zircon Lane Single - Family (R -1 Residential) P.I.N. Lot Equivalent Unit Assessment Total 2013 JADE LN 10- 16702 -04 -120 1 $ 478.33 $ 478.33 1956 CARNELIAN LN 10- 16704 -13 -150 1 $ 478.33 $ 478.33 2014 CARNELIAN LN 10- 16702 -04 -110 1 $ 478.33 $ 478.33 1996 ZIRCON LN 10- 16700 -11 -110 1 $ 478.33 $ 478.33 3990 RAHN RD 10- 16704 -03 -110 1 $ 478.33 $ 478.33 3996 RAHN RD 10- 16704 -03 -100 1 $ 478.33 $ 478.33 4028 RAHN RD 10- 16704 -04 -160 1 $ 478.33 $ 478.33 4034 RAHN RD 10- 16704 -04 -150 1 $ 478.33 $ 478.33 4040 RAHN RD 10- 16704 -04 -140 1 $ 478.33 $ 478.33 4046 RAHN RD 10- 16704 -04 -130 1 $ 478.33 $ 478.33 4052 RAHN RD 10- 16704 -04 -120 1 $ 478.33 $ 478.33 4058 RAHN RD 10- 16704 -04 -110 1 $ 478.33 $ 478.33 4064 RAHN RD 10- 16704 -04 -100 1 $ 478.33 $ 478.33 4065 RAHN RD 10- 16702 -07 -170 1 $ 478.33 $ 478.33 4070 RAHN RD 10- 16704 -04 -090 1 $ 478.33 $ 478.33 4137 KAHN RD 10- 48900 -01 -010 1 $ 478.33 $ 478.33 4141 RAHN RD 10- 48900 -01 -020 1 $ 478.33 $ 478.33 4145 RAHN RD 10- 16700 -09 -010 1 $ 478.33 $ 478.33 4151 RAHN RD 10- 16700 -09 -020 1 $ 478.33 $ 478.33 4157 RAHN RD 10- 16700 -09 -030 1 $ 478.33 $ 478.33 4165 RAHN RD 10- 16700 -09 -040 1 $ 478.33 $ 478.33 4171 RAHN RD 10- 16700 -09 -050 1 $ 478.33 $ 478.33 4211 RAHN RD 10- 16701 -01 -470 1 $ 478.33 $ 478.33 4217 RAHN RD 10- 16701 -01 -460 1 $ 478.33 $ 478.33 4223 RAHN RD 10- 16701 -01 -450 1 $ 478.33 $ 478.33 4229 RAHN RD 10- 16701 -01 -440 1 $ 478.33 $ 478.33 4235 RAHN RD 10- 16701 -01 -430 1 $ 478.33 $ 478.33 4241 RAHN RD 10- 16701 -01 -420 1 $ 478.33 $ 478.33 4247 RAHN RD 10- 16701 -01 -410 1 $ 478.33 $ 478.33 4253 RAHN RD 10- 16701 -01 -400 1 $ 478.33 $ 478.33 4259 RAHN RD 10- 16701 -01 -390 1 $ 478.33 $ 478.33 4265 RAHN RD 10- 16701 -01 -380 1 $ 478.33 $ 478.33 4271 RAHN RD 10- 16701 -01 -370 1 $ 478.33 $ 478.33 4277 RAHN RD 10- 16701 -01 -360 1 $ 478.33 $ 478.33 4283 RAHN RD 10- 16701 -01 -350 1 $ 478.33 $ 478.33 4289 RAHN RD 10- 16701 -01 -340 1 $ 478.33 $ 478.33 4295 RAHN RD 10- 16701 -01 -330 1 $ 478.33 $ 478.33 4301 RAHN RD 10- 16701 -01 -320 1 $ 478.33 $ 478.33 4307 RAHN RD 10- 16701 -01 -310 1 $ 478.33 $ 478.33 4313 RAHN RD 10- 16701 -01 -300 1 $ 478.33 $ 478.33 4327 RAHN RD 10- 16703 -01 -180 1 $ 478.33 $ 478.33 4333 RAHN RD 10- 16703 -01 -190 1 $ 478.33 $ 478.33 �a�s 4339 RAHN RD 10- 16703 -01 -200 1 $ 478.33 $ 478.33 4345 RAHN RD 10- 16703 -01 -210 1 $ 478.33 $ 478.33 4351 RAHN RD 10- 16703 -01 -220 1 $ 478.33 $ 478.33 4357 RAHN RD 10- 16703 -01 -230 1 $ 478.33 $ 478.33 4363 RAHN RD 10- 16703 -01 -240 1 $ 478.33 $ 478.33 4369 RAHN RD 10- 16703 -01 -250 1 $ 478.33 $ 478.33 4370 RAHN RD 10- 70775 -01 -010 1 $ 478.33 $ 478.33 4372 RAHN RD 10- 70775 -01 -020 1 $ 478.33 $ 478.33 4374 RAHN RD 10- 48050 -01 -104 1 1 $ 478.33 1 $ 478.33 4375 RAHN RD 10- 16703 -01 -260 1 $ 478.33 $ 478.33 $ 30.94 Subtotal 52 1 $ 24,873.16 Rahn Road Townhomes (R -3 Residential) P.I.N. Lot Equivalent Unit Assessment Total Eagan on the Green 3898 RAHN RD 10- 84700 -01 -020 0.75 $ 478.33 $ 358.75 3900 RAHN RD 10- 84700 -01 -030 0.75 $ 478.33 $ 358.75 3902 RAHN RD 10- 84700 -01 -040 0.75 $ 478.33 $ 358.75 3904 RAHN RD 10- 84700 -01 -050 0.75 $ 478.33 $ 358.75 3906 RAHN RD 10- 84700 -01 -060 0.75 $ 478.33 $ 358.75 3908 RAHN RD 10- 84700 -01 -070 0.75 $ 478.33 $ 358.75 4110 RAHN RD A107 Subtotals 4.5 $ 30.94 $ 2,152.49 TOTAL SF LOT Equivalents 56.5 1 $ 27,025.65 Rahn Road Owner - Occupied Apartments (R -4 Residential) P.I.N. Unit Rate /Unit Total Eagan on the Green 4110 RAHN RD A101 10- 22470 -02 -101 1 $ 30.94 $ 30.94 4110 RAHN RD Al 02 10- 22470 -02 -102 1 $ 30.94 $ 30.94 4110 RAHN RD Al 03 10- 22470 -02 -103 1 $ 30.94 $ 30.94 4110 RAHN RD Al 04 10- 22470 -02 -104 1 $ 30.94 $ 30.94 4110 RAHN RD A105 10- 22470 -02 -105 1 $ 30.94 $ 30.94 4110 RAHN RD A106 10- 22470 -02 -106 1 $ 30.94 $ 30.94 4110 RAHN RD A107 10- 22470 -02 -107 1 $ 30.94 $ 30.94 4110 RAHN RD A108 10- 22470 -02 -108 1 $ 30.94 $ 30.94 4110 RAHN RD Al 09 10- 22470 -02 -109 1 $ 30.94 $ 30.94 4110 RAHN RD Al 10 10- 22470 -02 -110 1 $ 30.94 $ 30.94 4110 RAHN RD A111 10- 22470 -02 -111 1 $ 30.94 $ 30.94 4110 RAHN RD Al 12 10- 22470 -02 -112 1 $ 30.94 $ 30.94 4110 RAHN RD Al 14 10- 22470 -02 -114 1 $ 30.94 $ 30.94 4110 RAHN RD Al 16 10- 22470 -02 -116 1 $ 30.94 $ 30.94 4110 RAHN RD A117 10- 22470 -02 -117 1 $ 30.94 $ 30.94 4110 RAHN RD Al 18 10- 22470 -02 -118 1 $ 30.94 $ 30.94 4110 RAHN RD Al 19 10- 22470 -02 -119 1 $ 30.94 $ 30.94 4110 RAHN RD A120 10- 22470 -02 -120 1 $ 30.94 $ 30.94 4110 RAHN RD A121 10- 22470 -02 -121 1 $ 30.94 $ 30.94 4110 RAHN RD A122 10- 22470 -02 -122 1 $ 30.94 $ 30.94 4110 RAHN RD A123 10- 22470 -02 -123 1 $ 30.94 $ 30.94 4110 RAHN RD A124 10- 22470 -02 -124 1 $ 30.94 $ 30.94 4110 RAHN RD A201 10- 22470 -02 -201 1 $ 30.94 $ 30.94 4110 RAHN RD A202 10- 22470 -02 -202 1 $ 30.94 $ 30.94 4110 RAHN RD A203 10- 22470 -02 -203 1 $ 30.94 $ 30.94 4110 RAHN RD A204 10- 22470 -02 -204 1 $ 30.94 $ 30.94 4110 RAHN RD A205 10- 22470 -02 -205 1 $ 30.94 $ 30.94 4110 RAHN RD A206 10- 22470 -02 -206 1 $ 30.94 $ 30.94 4110 RAHN RD A207 10- 22470 -02 -207 1 $ 30.94 $ 30.94 4110 RAHN RD A208 10- 22470 -02 -208 1 $ 30.94 $ 30.94 4110 RAHN RD A209 10- 22470 -02 -209 1 $ 30.94 $ 30.94 4110 RAHN RD A211 10- 22470 -02 -211 1 $ 30.94 $ 30.94 4110 RAHN RD A212 10- 22470 -02 -212 1 $ 30.94 $ 30.94 4110 RAHN RD A213 10- 22470 -02 -213 1 $ 30.94 $ 30.94 4110 RAHN RD A214 10- 22470 -02 -214 1 $ 30.94 $ 30.94 4110 RAHN RD A215 10- 22470 -02 -215 1 $ 30.94 $ 30.94 4110 RAHN RD A217 10- 22470 -02 -217 1 $ 30.94 $ 30.94 4110 RAHN RD A219 10- 22470 -02 -219 1 $ 30.94 $ 30.94 4110 RAHN RD A220 10- 22470 -02 -220 1 $ 30.94 $ 30.94 4110 RAHN RD A221 10- 22470 -02 -221 1 $ 30.94 $ 30.94 4110 RAHN RD A222 10- 22470 -02 -222 1 $ 30.94 $ 30.94 4110 RAHN RD A223 10- 22470 -02 -223 1 $ 30.94 1 30.94 4110 RAHN RD A224 10- 22470 - 022 -24 1 $ 30.94 $ 30.94 4110 RAHN RD A301 10- 22470 - 023 -01 1 $ 30.94 $ 30.94 4110 RAHN RD A304 10- 22470 -02 -304 1 $ 30.94 $ 30.94 4110 RAHN RD A305 10- 22470 -02 -305 1 $ 30.94 $ 30.94 4110 RAHN RD A306 10- 22470 -02 -306 1 $ 30.94 $ 30.94 4110 RAHN RD A307 10- 22470 -02 -307 1 $ 30.94 $ 30.94 4110 RAHN RD A308 10- 22470 -02 -308 1 $ 30.94 $ 30.94 4110 RAHN RD A309 10- 22470 -02 -309 1 $ 30.94 $ 30.94 4110 RAHN RD A310 10- 22470 -02 -310 1 $ 30.94 $ 30.94 4110 RAHN RD A311 10- 22470 -02 -311 1 $ 30.94 $ 30.94 4110 RAHN RD A312 10- 22470 -02 -312 1 $ 30.94 $ 30.94 4110 RAHN RD A313 10- 22470 -02 -313 1 $ 30.94 $ 30.94 4110 RAHN RD A315 10- 22470 -02 -315 1 $ 30.94 $ 30.94 4110 RAHN RD A317 10- 22470 -02 -317 1 $ 30.94 $ 30.94 4110 RAHN RD A318 10- 22470 -02 -318 1 $ 30.94 $ 30.94 4110 RAHN RD A319 10- 22470 -02 -319 1 $ 30.94 $ 30.94 4110 RAHN RD A320 10- 22470 -02 -320 1 $ 30.94 $ 30.94 4110 RAHN RD A321 10- 22470 -02 -321 1 $ 30.94 $ 30.94 4110 RAHN RD A323 10- 22470 -02 -323 1 $ 30.94 $ 30.94 4110 RAHN RD A324 10- 22470 -02 -324 1 $ 30.94 $ 30.94 4130 RAHN RD B102 10- 22470 -03 -102 1 $ 30.94 $ 30.94 4130 RAHN RD B103 10- 22470 -03 -103 1 $ 30.94 $ 30.94 4130 RAHN RD B106 10- 22470 -03 -106 1 $ 30.94 $ 30.94 4130 RAHN RD B108 10- 22470 -03 -108 1 $ 30.94 $ 30.94 4130 RAHN RD B112 10- 22470 -03 -112 1 $ 30.94 $ 30.94 al 4130 RAHN RD B115 10- 22470 -03 -115 1 $ 30.94 $ 30.94 4130 RAHN RD B116 10- 22470 -03 -116 1 $ 30.94 $ 30.94 4130 RAHN RD B117 10- 22470 -03 -117 1 $ 30.94 $ 30.94 4130 RAHN RD B118 10- 22470 - 031 -18 1 $ 30.94 $ 30.94 4130 RAHN RD B120 10- 22470 -03 -120 1 $ 30.94 $ 30.94 4130 RAHN RD B121 10- 22470 -03 -121 1 $ 30.94 $ 30.94 4130 RAHN RD B123 10- 22470 -03 -123 1 $ 30.94 $ 30.94 4130 RAHN RD B124 10- 22470 -03 -124 1 $ 30.94 $ 30.94 4130 RAHN RD B202 10- 22470 -03 -202 1 $ 30.94 $ 30.94 4130 RAHN RD 8203 10- 22470 -03 -203 1 $ 30.94 $ 30.94 4130 RAHN RD B204 10- 22470 -03 -204 1 $ 30.94 $ 30.94 4130 RAHN RD B205 10- 22470 -03 -205 1 $ 30.94 $ 30.94 4130 RAHN RD B206 10- 22470 -03 -206 1 $ 30.94 $ 30.94 4130 RAHN RD B214 10- 22470 -03 -214 1 $ 30.94 $ 30.94 4130 RAHN RD B217 10- 22470 -03 -217 1 $ 30.94 $ 30.94 4130 RAHN RD B219 10- 22470 -03 -219 1 $ 30.94 $ 30.94 4130 RAHN RD B222 10- 22470 -03 -222 1 $ 30.94 $ 30.94 4130 RAHN RD B223 10- 22470 -03 -223 1 $ 30.94 $ 30.94 4130 RAHN RD B301 10- 22470 -03 -301 1 $ 30.94 $ 30.94 4130 RAHN RD B302 10- 22470 -03 -302 1 $ 30.94 $ 30.94 4130 RAHN RD B303 10- 22470 -03 -303 1 $ 30.94 $ 30.94 4130 RAHN RD B305 10- 22470 -03 -305 1 $ 30.94 $ 30.94 4130 RAHN RD B306 10- 22470 -03 -306 1 $ 30.94 $ 30.94 4130 RAHN RD B307 10- 22470 -03 -307 1 $ 30.94 $ 30.94 4130 RAHN RD B308 10- 22470 -03 -308 1 $ 30.94 $ 30.94 4130 RAHN RD B309 10- 22470 -03 -309 1 $ 30.94 $ 30.94 4130 RAHN RD B310 10- 22470 -03 -310 1 $ 30.94 $ 30.94 4130 RAHN RD B314 10- 22470 -03 -314 1 $ 30.94 $ 30.94 4130 RAHN RD B315 10- 22470 -03 -315 1 $ 30.94 $ 30.94 4130 RAHN RD B317 10- 22470 -03 -317 1 $ 30.94 $ 30.94 4130 RAHN RD B319 10- 22470 -03 -319 1 $ 30.94 $ 30.94 4130 RAHN RD B320 10- 22470 -03 -320 1 $ 30.94 $ 30.94 99 $ 3,063.06 Rental Apartments (R -4 Residential) p,I.N. Front Footage Rate /Unit Total 4182 RAHN ROAD 10- 32800 -01 -010 587 $ 8.05 $ 4,725.35 3898 VALLEY VIEW DRS' 10- 81995 -01 -010 1248 $ 8.05 $ 10,046.40 Subtotal 1835 1 $ 14,771.75 w Public Facility % Low - Density Residential (R1, 2, 3) P.I.N. Net Acreage Rate /Acre Total 3920 RAHN RD 10- 49100 -01 -010 6.71 $ 730.03 $ 4,898.50 City Fire Station 10- 02000 -29 -010 0.52 $ 730.03 $ 379.62 1985 DIFFLEY ROAD 10- 02000 -52 -011 3.82 $ 730.03 $ 2,788.71 2.94 Subtotal 11.05 $ 4,730.72 $ 8,066.83 Commercial /I ndustrial % Low - Density Residential (R1, 2, 3) P.I.N. Net Acreage Rate /Acre Concrete Entrance Assessment Total (Vacant Lot) 10- 84700 -00 -010 0.98 $ 1,609.09 $ - $ 1,576.91 3900 CEDAR GROVE PKWY 10- 72840 -01 -020 0.85 $ 1,609.09 $ 5,412.88 $ 6,780.61 3908 CEDAR GROVE PKWY 10- 01900 -10 -010 2.94 $ 1,609.09 $ - $ 4,730.72 Subtotal 4.77 $ 13,088.24 Assessments Street $ 60,602.65 TOTAL ASSESSMENTS 1 $ 66,015.53 Summary Land Use Front Footage % Low - Density Residential (R1, 2, 3) 5,035 39.7% High- Density Residential (Rental) 1,840 14.5% High- Density Residential (Owner- occupied) 385 3.0% Public Facility Lots 1,006 7.9% Commercial /Industrial 514 4.1% Non - Assessable 3,908 30.8 % Total 12,688 100.0% Legend g to' Street Improvements Assessable Area Commercial /Industrial - $ 1,609 /Acre Public Facilities - $ 730 /Acre f A Residential - Single Family - $ 478 /Lot Residential - Low Density - $ 359 / Lot Residential - High Density - $ 8 / Front Foot �► = Residential - High Density Lots Owner Occupied $ 31 / Unit `vI 3900 Zo M . f e • } Vae View ointe P ll y �- _. . y � .��Mount�Calvary �� a Apartme� nts �x 3 { > = 439208 Kl- fay'': 2 W� Stations' 140 a 'E -Y � Ya •L� -F t _ 'A ' -��. _ ... 1 P -� A�` ?�:� � 'o-3' ..�, t.. emu MN 41 •- i� _ ICI 1 Y $�a ti sa Y{ �� r G:IProjects and Contractsl 2012 Street Reconstructioml Rahn Road Project10801Fig 2AFINAL ASSESS 77 Street Revitalization - Project 1080 Fig. 2A flitV of Don Final Assessment C�)D j Date: 8/25/2012 ie It AV Legend Street Improvements Z commercial/ industrial $ 1,609 /Acre EX Public Facilities $730 /Acre Single Family $ 478 Lot Residential Residential Low Density $ 359 Lot A Residential High Density $ 8 Front Foot Residential High Density Lots Owner Occupied - $ 31 Unit ' E3 Ox h- 01, Ni R IM Ji gk Ch -'Carnelian., Lane 2013P - 950 EIN 5 2012 Street Reconstructiaml Rahn Road ProjectI080IFig 2BFINAL ASSESS Street Revitalization - Project 1080 Fig. 2B Final Assessment 'IM �o F M Vil P �,Z Legend Street Improvements Assessable Area Commercial/ industrial - $1,609 /Acre Public Facilities - $ 730 / Acre Residential - Single Family $ 478 / Lot I* Residential - Low Density $ 359 / Lot Residential - High Density $ 8 / Front Foot Residential - High Density Lots Owner Occupied - $ 31 / Unit "Jade Ln AMW r lirc -Miffley..... A—' T-� d 7� V El am Rahn Road Street Revitalization - Project 1080 City Of Emn Final Assessment G.Frojects and Contracts) 2012 Street ReconstructfornI Project 10801 Fig 2AFINAL AS Fig. 2A Date: 8/25/2012 -M E I fo�.3. W 4 ED Km- Fi P "'gii POW, 'K -Miffley..... A—' T-� d 7� V El am Rahn Road Street Revitalization - Project 1080 City Of Emn Final Assessment G.Frojects and Contracts) 2012 Street ReconstructfornI Project 10801 Fig 2AFINAL AS Fig. 2A Date: 8/25/2012 WIWI% WN -, iws � W."Wan 11 W 0 MIN, I I WN MWIN I New 0 106, NJ Road A -4 r7-1) T, PA U3 3, 7 IJIM Legend L FMIIIM street improvements q 'r ® ® ®1 Assessable Area 11 , r -4 Commercial industrial $ 1,609 /Acre Y235 Public Facilities $ 730 /Acre A Residential - Single Family $ 478 Lot rM. w4 4D Residential - Low Density $ 359 / Lot Residential - High Density $ 8 / Front Foot Residential - High Density Lots Owner Occupied $ 31 Unit -259, 41 P, El- 4- N �,$i A I 1 � ; N - L kL04, W 27 1E 32! �0`` ;� � ��, . ��p� 6�> � `.a �� 4295 S f �2 L, 1W -A .—K 4301 pn .fift� Rahn Road Street Revitalization - Project 1080 Cits nf Eflon Final Assessment 0 !7i 0 1985 C fi i hil 66 k .,,qt 7:0-- �—N - 1�1,;40 F7. er..,Ct (3:Projects and Contractsl 2012 Street Reconstrucffoml ProjectI080IFig 2AFINAL ASSESS Fig, 2D Date: 8/25/2012 ff7 L�u t7M ❑ L r[ Ilk - ® rte__ WIWI% WN -, iws � W."Wan 11 W 0 MIN, I I WN MWIN I New 0 106, NJ Road A -4 r7-1) T, PA U3 3, 7 IJIM Legend L FMIIIM street improvements q 'r ® ® ®1 Assessable Area 11 , r -4 Commercial industrial $ 1,609 /Acre Y235 Public Facilities $ 730 /Acre A Residential - Single Family $ 478 Lot rM. w4 4D Residential - Low Density $ 359 / Lot Residential - High Density $ 8 / Front Foot Residential - High Density Lots Owner Occupied $ 31 Unit -259, 41 P, El- 4- N �,$i A I 1 � ; N - L kL04, W 27 1E 32! �0`` ;� � ��, . ��p� 6�> � `.a �� 4295 S f �2 L, 1W -A .—K 4301 pn .fift� Rahn Road Street Revitalization - Project 1080 Cits nf Eflon Final Assessment 0 !7i 0 1985 C fi i hil 66 k .,,qt 7:0-- �—N - 1�1,;40 F7. er..,Ct (3:Projects and Contractsl 2012 Street Reconstrucffoml ProjectI080IFig 2AFINAL ASSESS Fig, 2D Date: 8/25/2012 ff7 L�u 4L // LJ �% t 14283 t 428 9 f 1 �v } O flu k- Di El F +t ; 1 Badger Ct xW 1 h ." i gKg t Legend £" 1 �� _�F 2 r"�.c f'+A � ( .. f aiF�� - d �• � O L � � �4 313 �i � 1 '.�,� , }� �� - � rs � a r f p r Street Improvements �5 - r { ® ® ®1 Assessable Area 14307 A. Sr Commercial / Industrial - $ 1;609 /Acre ❑L r ® Public Facilities - $ 730 /Acre4333 =A im ® Residential Single Family $ 478 / Lots 4 M9 17 j v sue; ® Residential - Low Density - $ 359 / Lot ®® Residential - High Density - $ 8 / Front Foot G �� 4345, A Residential -High Density Lots Owner Occupied - $ 31 /Unit L1_ - F X4351 4370 t , ..y1i �;_ Vr��'. __ e 4357 Y, 4372 {t r t :a t [ � � �•_. � f�jt a4 ;+_: -. a� i� F -�i� iY3�. .g } F y= f r X4374 1_ OF x °f't; s 7 " -��- 04369= I I�� -- 1 i {i r F n 14375 �j y �• Shale Ln. p �g :# =i g ' i r z 1 L z. G:IProjects and Contractsl 2012 Street Reconstructiotnl Road Rahn Project10801Fig 2AFINAL ASSESS Street Revitalization - Project 1080 Fig. 2E City of Don Final Assessment Date: 8/25/2012 Agenda Information Memo September 19, 2012 Eagan City Council Meeting PUBLIC HEARINGS F. CEDAR INDUSTRIAL PARK EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of the northerly 10 feet of a public service road easement on Lot 2, Block 1 Cedar Industrial Park, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 31, 2012, City staff received a petition from the property owner requesting the vacation of a small portion of the existing public service road easement on Lot 2, Block 1 Cedar Industrial Park to accommodate the building of a proposed monument sign on the property. • On July 17, 2012 the City Council held a public hearing and approved the requested vacation. After the public hearing, the City Council directed staff to initiate a vacation of the entire public service road easement to bring back for consideration at a future City Council meeting. • On August 21, 2012, the City Council received a City- initiated petition requesting consideration of the vacation of the remainder of the public service road easement on Lot 2, Block 1 Cedar Industrial Park. • The public easement is 40 feet wide along the east lot line and was dedicated with the Cedar Industrial Park plat in 1967. The described purpose of the easement is for a service road, but has been utilized for utility purposes for private utilities. • The service road easement is not a typical easement. The history of the designation is unknown, but it has not been utilized in the 45 years since its dedication. The easement would be appropriate for a frontage road along Highway 13. No such frontage road is planned in this location. • Notices have been sent to all potentially affected and /or interested parties for comment prior to the public hearing. ISSUES: • There is an existing City utility line within the easement vacation area under consideration and a variety of private underground facilities, including some owned by Xcel Energy, that exist within the easement. Xcel Energy has objected to the proposed vacation. • With the existing utilities within the easement area, it is in the best interest of all affected parties that the majority of the easement remains in place. ATTACHMENTS: • Legal Description, graphic, page 3�0 • Location Map, page 11_1. Easement Sul-vey for International Office TeclIn.ologies ti P% `� WATER 0 I' SHUTOFFS METAL c y �o s^ �� e �9,9 "'P Ap q2 0 J (� � � `� J ��\ , hod 11 '• �l i+' jj I `�I li � `L��4� h�� ^,� � � -� 11-3 G � � SCALE; 1" = 4o' YI J Easement Description All Service Road Easement per plat of Cedar Industrial Park (Lot 2, Block 1) I / EXCEPT for that part of Lot 2, Block 1, Cedar i I 5 Industrial Park, vacated on 07/17/12 and ��°� I �'' described as follows: Commencing at the Easternmost corner of said Lot 2; thence assumed bearing of North 47 degrees 02 minutes 53 seconds West along the Northeasterly line of said Lot 2, a distance of 40.00 feet; thence South 43 degrees 21 minutes 39 seconds West, 145.00 feet to the point of beginning of easement; thence continuing South 43 degrees 21 minutes 39 seconds West, 15.00 feet; thence South 46 degrees 38 minutes 21 seconds East, CQ�G�,o 0 Q) 20.00 feet; thence North 43 degrees 21 minutes 39 seconds East, 15.00 feet; thence North 46 degrees 38 minutes 21 seconds West, 20.00 feet to point of beginning. V o Block Proposed Easem-ent Vacation Location Map Lot 2, Cedar • Park Figure 1 L:U sers /Engi nee ring / Fa sem en t Vaca ti ons/ 06.07_ ndustral Park CG07 -12 - I a � 6 Pr ®posed Loca #ion ■ Easement vacation 4 L� e ` yan kee Doodle_Road . 9 Diffley ,Road - - f - - Block Proposed Easem-ent Vacation Location Map Lot 2, Cedar • Park Figure 1 L:U sers /Engi nee ring / Fa sem en t Vaca ti ons/ 06.07_ ndustral Park CG07 -12 - I