Loading...
10/16/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 16, 2012 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA HI. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made ff `` for an item to be pulled for discussion) " A. APPROVE MINUTES la B. PERSONNEL ITEMS APPROVE Check Registers 14 D. APPROVE a Resolution to Accept Donations of Equipment from Burnsville Off Road for the Fire Departments Jeep Fire Truck 1(o E. DECLARE Used Fire Department Helmets Surplus, Authorize their Sale and Authorize that the Proceeds from their Sale be Used to Purchase Additional New Fire Helmets 11 F. ACCEPT a $5,000 Donation from an Anonymous Citizen 1°1 G. APPROVE Final Payment for Contract 12 -01, 2012 Citywide Street Improvements aO H. RECEIVE Final Assessment Report for Project No. 1067 — Hawthorne Woods - Street Improvements and Schedule Public Hearing for November 20, 2012. al I. RECEIVE Final Assessment Report for Project No. 1068 — Lexington Pointe 1st -2nd Additions - Street Improvements and Schedule Public Hearing for November 20, 2012. oci J. RECEIVE Final Assessment Report for Project No. 1073 — Wescott Road/ Glacier Drive - Street Improvements and Schedule Public Hearing for November 20, 2012. K. RECEIVE Final Assessment Report for Project No. 1077 — Northview Park Road/ Braddock Trail/ Elrene Road — Street Improvements and Schedule Public Hearing for November 20, iI 2012 all L. AWARD Contract 12 -12, Cedar Grove Boulevard Phase H — Grading Improvements M. Item Removed a5 N. APPROVE Renewal of Snow Plowing Contract for 2012 -2013 6i(0 O. APPROVE Second Amendment to Dark Fiber License Agreement Between the City of Eagan and the Minnesota Valley Transit Authority (MVTA) 30 P. APPROVE Temporary On -Sale Liquor License for People of Praise, MN, Inc.'s Community 31 Social on November 24, 2012 Q. APPROVE Telecommunication Lease Agreement Amendments with T- Mobile Central LLC Za R. DECLARE unclaimed bicycles to be surplus V. PUBLIC HEARINGS 3LI A. VARIANCE — Wellington Way - Bill Walker - A Variance of 2' 6" to the 10' principal structure setback located at 1519 Wellington Way 5a B. PARKING Restrictions on Gold Trail 54 C. FINAL Assessment Hearing, Project No. 1058, Oslund Timberline (Pine Ridge Drive) — Street Improvements (Qa D. FINAL Assessment Hearing, Project No. 1070, Oak Chase 4th (Oak Chase Circle) — Street Improvements (o(P E. FINAL Assessment Hearing, Project No. 1071, Signal Point/ Knob Hill Professional Park — Street Improvements 3 F. FINAL Assessment Hearing, Project No. 1072, Boulder Ridge (Heine Court) — Street 19 G. Improvements FINAL Assessment Hearing, Project No. 1078, Johnny Cake Ridge Road (Diffley Rd. to Teal Cove) - Street Improvements g 1 H. FINAL Assessment Hearing, Project No. 1079, Denmark Avenue (Lone Oak to south Sam's Entrance)/ Clubview Drive — Street Improvements VI. OLD BUSINESS c1�1 A. ORDINANCE AMENDMENT — An Ordinance Amendment to Chapter 10.12, adding Subdivision 4 Relative to Harboring of Chickens and a Resolution Adopting Permit Fee VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER ID' I B. ADOPT AGENDA LOS C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS III E. NEW BUSINESS 1. RESOLUTION regarding a Department of Employment and Economic Development (DEED) Contamination Cleanup Grant for Cedar Grove Redevelopment Area 2. RESOLUTION regarding Metropolitan Council Tax Base Revitalization Account Contamination Cleanup Grant for Cedar Grove Redevelopment Area F. OTHER BUSINESS Ili G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development X/. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 411') City of Evan Me�o TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 2012 SUBJECT: AGENDA INFORMATION FOR OCTOBER 16, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 16, 2012 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 16, 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 September 19, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of September 19, 2012 Regular City Council meeting are enclosed on pages 5 through 11 . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 19, 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 and Hansen. Councilmember Tilley arrived at 6:30 p.m. Greg Skog with Minnesota Arms Spending Alternatives Project was present and addressed the City Council, handing out correspondence along with a list of questions that the group would like to have answered. The City Council discussed the issue and directed staff to following up with a letter in response to their questions. At 6:10 p.m., the City Council held a closed session to review and discuss pending litigation. The closed session concluded at 6:28 p.m. A regular meeting of the Eagan City Council was held on Tuesday, September 19, 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, Fire Chief Scott and Executive Assistant Stevenson. Mayor Maguire introduced Kenneth Olson with Boy Scout Troop 345 who was completing his Citizenship in the Community project. AGENDA City Administrator Hedges noted the addition to the Consent Agenda to cancel the Special City Council Meeting scheduled for September 24 and reschedule to October 2 at 4:30 p.m. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented /modified. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations. CONSENT AGENDA Mayor Maguire proposed the addition of items #5 and #6 to the Personnel Agenda for separate action. Councilmember Hansen noted a revised page 28 for Consent Item E. to Approve Amendments to the Minnesota Valley Transit Authority (MVTA) Joint Powers Agreement. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented /modified. Aye: 5 Nay: 0 Mayor Maguire requested the addition of Personnel Item #5 - To accept the letter of retirement of City Administrator Tom Hedges. Mayor Maguire asked City Administrator Hedges to brief the Council and the community on the letter. City Administrator Hedges gave a brief recap of his 36 years with the City 5 City Council Meeting Minutes September 19, 2012 2 page of Eagan noting in 1976 he was given an opportunity of a lifetime to serve as the first City Administrator for the City of Eagan. Hedges thanked the City of St. Peter,MN, which gave him his first job out of graduate school in 1972, at the age of 23. Hedges also thanked the first seated Eagan City Council as well as all the City Councils he has served. Each Councilmember expressed heartfelt gratitude for Hedges' 36 years of loyal service to Eagan. Councilmember Hansen moved, Councilmember Bakken seconded the motion to accept the letter of retirement of City Administrator Tom Hedges. Aye: 0 Nay: 5 (motion denied) Councilmember Bakken moved, Councilmember Hansen seconded to reconsider the previous motion to accept the letter of retirement of City Administrator Tom Hedges. Aye: 5 Nay: 0 Mayor Maguire moved, Councilmember Bakken seconded the motion to accept the letter of retirement of City Administrator Tom Hedges. Aye: 4 Nay: 1 (Councilmember Fields objected) Mayor Maguire requested the addition of Item B. Personnel Items #6 — to authorize the retention of Brimeyer Fursman, LLC to assist the City in its search for the next City Administrator. City Administrator Hedges noted in preparation for the retirement of the City Administrator, a request for proposals was issued in August 2012 to seek professional recruitment firms. Per the Council's direction, two recruitment firms were interviewed by the Personnel Committee on September 12, 2012. The Personnel Committee is recommending the City retain the recruitment firm of Brimeyer Fursman, to facilitate the recruitment efforts. The City Council discussed the issue. Councilmember Bakken moved, Councilmember Tilley to authorize the retention of Brimeyer Fursman, LLC to serve as the Executive Recruitment firm to assist the City in its search for the next City Administrator. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of August 15, August 28 and September 4, 2012. B. Personnel Items 1. It was recommended to approve the hiring of Anthony Dahle, Utility Maintenance Worker. 2. It was recommended to approve the hiring of Aaron Nelson, Assistant City Engineer. 3. It was recommended to accept the resignation of Michael Maurer, Campus Facilities Manager on Duty, effective September 5, 2012, and authorize his replacement. 4. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. 5. It was recommended to accept the letter of retirement of City Administrator Tom Hedges. 6. It was recommended to authorize the retention of Brimeyer Fursman, LLC to serve as the Executive Recruitment firm to assist the City in its search for the next City Administrator. C. It was recommended to approve Check Registers dated August 31 and September 7, 2012. D. It was recommended to authorize issuance of banking services Request for Proposals. �P City Council Meeting Minutes September 19, 2012 3 page E. It was recommended to approve Amendments to the Minnesota Valley Transit. Authority (MVTA) Joint Powers Agreement and APPROVE a Resolution to Ratify the Revised MVTA Bylaws. F. It was recommended to approve the annual maintenance agreement for Contract 12 -08 conduit /fiber to mp Nexlevel. G. It was recommended to authorize comments to the Dakota County Board regarding tax forfeit parcels located in Eagan. H. It was recommended to direct preparation of amendment to City Code Section 11.66 regarding floodplain districts and regulations. I. It was recommended to approve the Final Payment for Contract 12 -06, 2012 Water Quality/ Storm Sewer Improvements. J. It was recommended to receive the Final Assessment Report for Project No. 1058 — Oslund Timberline (Pine Ridge Drive) - Street Improvements and Schedule Public Hearing for October 16, 2012. K. It was recommended to receive the Final Assessment Report for Project No. 1070 — Oak Chase 4th (Oak Chase Circle) - Street Improvements and Schedule Public Hearing for October 16, 2012. L. It was recommended to receive the Final Assessment Report for Project No. 1071— Signal Point/ Knob Hill Professional Park - Street Improvements and Schedule Public Hearing for October 16, 2012. M. It was recommended to receive the Final Assessment Report for Project No. 1072 — Boulder Ridge (Heine Court) - Street Improvements and Schedule Public Hearing for October 16, 2012. N. It was recommended to receive the 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. 0. It was recommended to receive the 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. It was recommended to Receive Petition to Remove Parking Restrictions on Gold Trail and Schedule a Public Hearing for October 16, 2012. Q. It was recommended to approve Preparation of Plans & Specifications for Contract 12 -12, Cedar Grove Boulevard Grading. R. It was recommended to approve a Joint Powers agreement to establish and participate in the Minnesota Structural Collapse /Technical Rescue Task Force. S. It was recommended to adopt a resolution accepting a $3,250 donation from the Eagan Citizen's Crime Prevention Association and authorize a corresponding budget adjustment. T. It was recommended to ratify the Engineering Study with Xcel Energy for Pipeline Relocation in Cedar Grove Redevelopment District. U. It was recommended to approve an amendment to the JPA with the MN Bureau of Criminal Apprehension regarding computer investigations. PUBLIC HEARINGS VARIANCE — DOUGLAS SWETLAND City Administrator Hedges noted Douglas Swetland is requesting approval of an 8' variance to the required 30' structure setback from a public right -of -way to allow a garage addition upon property City Council Meeting Minutes September 19, 2012 4 page located at 4566 Ches Mar Drive. City Planner Ridley gave a staff report. Doug Swetland was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an 8' Variance to the required 30' structure setback from public right -of -way for a garage addition upon property located at 4566 Ches Mar Drive with the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. 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 applicant shall locate the property boundaries, or provide a survey prepared by a licensed land surveyor, prior to application for building permit. 5. The proposed addition shall not exceed 22' in width. 6. The addition shall not exceed one story, and the roof design and style shall match the principal structure. 7. The garage addition shall be finished with exterior materials to match the existing principal structure. 8. The existing garage shall only be used as a hobby workshop; not a living quarters. FINAL ASSESSMENT HEARING — PROJECT NO. 1016R, AMES CROSSING ROAD STREET AND UTILITY IMPROVEMENTS City Administrator Hedges noted 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. Hedges noted the final assessment roll was presented to the City Council on August 21, 2012, with the public hearing scheduled for September 19 to formally present the final costs associated with this public improvement to the affected benefitting 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. Hedges continued, stating 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. There were six parcels being assessed, no one attended the meeting. Director of Public Works Matthys gave a staff report noting there was one objection received from Ecolab. Representing Ecolab, Pat Mahlberg, with Fredrickson & Bryon, P.A. addressed the City Council noting a written objection was filed and wanted confirmation the objection was received and accepted. Mayor Maguire confirmed the objection was received and accepted. 6 City Council Meeting Minutes September 19, 2012 5 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project No. 1016R (Ames Crossing Road - Street and Utility Improvements) and authorize its certification to Dakota County for collections. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING — PROJECT NO. 1047, JOHNNY CAKE RIDGE ROAD STREET IMPROVEMENTS City Administrator Hedges noted 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. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project No. 1047 (Johnny Cake Ridge Road, Cliff Road to Apple Valley border - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING — PROJECT 1076, SLATER ROAD / WHISPERING WOODS 4TH — 5111— STREET IMPROVEMENTS City Administrator Hedges noted project 1076 provided for the street overlay improvements on Slater Road (Wall Street to the Burnsville border) and the streets within the Whispering Woods 4th and 5th additions in southwest Eagan. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project No. 1076 (Slater Road /Whispering Woods 4th and 5th - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING, PROJECT NO. 1080, RAHN ROAD STREET IMPROVEMENTS City Administrator Hedges noted project 1080 provided for the street overlay improvements on Rahn Road (Cedar Grove Parkway to Shale Lane) in western Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. City Council Meeting Minutes September 19, 2012 6 page Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project No. 1080 (Rahn Road — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 VACATE PUBLIC SERVICE ROAD EASEMENT LOT 2, BLOCK 1 CEDAR INDUSTRIAL PARK City Administrator Hedges noted 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 Council meeting. Director of Public Works Matthys gave a staff report noting 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. Mayor Maguire opened the public hearing, there being no public comment, he turned the discussion back to the City Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the vacation of the northwesterly 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. Aye: 5 Nay: 0 There were no items for discussion. OLD BUSINESS NEW BUSINESS There were no items for discussion. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ECONOMIC DEVELOPMENT AUTHORITY There are no items for discussion. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire thanked Tom Hedges for his 36 years of contribution and service to Eagan. City Council Meeting Minutes September 19, 2012 7 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:16 p.m. Aye: 5 Nay: 0 Date Mayor Clerk 11 Agenda Information Memo October 16, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the promotion of Tom Pepper for the position of Finance Director. FACTS: • City staff interviewed six candidates for the Finance Director position. The City Council interviewed 2 candidates, including Mr. Pepper. Per Council direction, an offer was extended to Mr. Pepper. • Tom Pepper served as Chief Financial Officer since April 1, 1992. • Council approved re- organization of the Finance Department on July 3, 2012 to complete succession planning for the Director of Administrative Services upcoming retirement. The reorganization resulted in the newly created position of Finance Director. • The Finance Director shall receive 4 weeks of vacation leave; which is consistent with all other Department Directors. Per policy, vacation leave is accrued on a per pay period basis. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal/ Temporary Employees in Parks & Recreation: Name Division Job Title Andrew Fairbanks Matthew Brown Community Center Community Center 1Ds Guest Services Representative Guest Services Representative Agenda Information Memo October 16, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 21 and 28, 2012 as presented. ATTACHMENTS: • Check registers dated September 21, 2012 are enclosed without page number. • Check registers dated September 28, 2012 are enclosed without page number. t Agenda Memo October 16, 2012 Eagan City Council Meeting D. APPROVE A RESOLUTION TO ACCEPT DONATIONS OF EQUIPMENT FROM BURNSVILLE OFF ROAD FOR THE FIRE DEPARTMENTS JEEP FIRE TRUCK. ACTION TO BE CONSIDERED: APPROVE a resolution to accept donations of equipment from Burnsville Off Road for the Fire Departments Jeep Fire Truck. FACTS: • The Fire Department recently purchased a Jeep Wrangler through the State Bid process for the use as a Fire Truck. • Burnsville Off Road was hired to convert the Jeep into a fire truck. The owner of Burnsville Off Road, Dan McKeag is an Eagan Resident. • In addition to the contract to do the Jeep conversion work, Mr. McKeag donated an additional $15,646 in equipment and labor to this project. • Donations included: • Front winch bumper $899.00 • Warn winch $1299.00 • Front Dana 44 axle $3200.00 • Rear Dana 60 axle $2800.00 • Rocker guards $599.00 • Tires and wheels $3000.00 • Seat covers $300.00 • Sill guards $49.00 • Donated labor $3500.00 • A thank you letter will be sent to Mr. McKeag from the fire department. ATTACHMENTS: Resolution on page 1'S . EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 16, 2012, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. * * * Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN 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, Burnsville Off Road has offered to donate $15,646 worth of equipment and labor for the use by the City of Eagan Fire Department on a Jeep Fire Truck; and 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 the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thank Burnsville Off Road for the gracious and generous donation. ADOPTED this 16th day of October, 2012 ATTEST: Christina Scipioni, City Clerk Mike Maguire, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Memo October 16, 2012 Eagan City Council Meeting E. DECLARE USED FIRE DEPARTMENT HELMETS SURPLUS, AUTHORIZE THEIR SALE AND AUTHORIZE THAT THE PROCEEDS FROM THEIR SALE BE USED TO PURCHASE ADDITIONAL NEW FIRE HELMETS. ACTIONS TO BE CONSIDERED: • To declare used fire department helmets surplus, authorize their sale and authorize that the proceeds from their sale be used to purchase additional new fire helmets. • To authorize a General Fund expenditure budget adjustment in the amount of the sales proceeds. FACTS: • Over the past 12 months the Eagan Fire Department has received several donations from Eagan businesses to purchase approximately 30 new Rosenbauer fire helmets. • The new helmets provide a higher level of safety for our firefighters including being a high visibility color and having a built -in flashlight on the helmet. • With the donation of these helmets, the fire department has 25 used helmets that are no longer needed, but are still usable helmets in the fire service. • The fire department is asking for authorization to declare these helmets surplus and offer their sale through the League of Minnesota Cities Market Place. • We would like to use the proceeds from the sale of these used helmets to purchase additional Rosenbauer fire helmets to continue to outfit our firefighters with the new helmets. • The new helmet purchases will be coded to account 1225.6224. ATTACHMENTS: None `t9 Agenda Information Memo October 16, 2012, Eagan City Council Meeting CONSENT AGENDA: F. Adopt a resolution accepting a $5,000.00 donation from an anonymous citizen and authorize a corresponding budget adjustment. ACTION TO BE CONSIDERED: Adopt a resolution accepting a cash donation from an anonymous citizen that will help support the police department's canine program. FACTS: • A citizen contacted the Eagan Police Department and wished to forward a $5,000 donation to help defray costs for the department's canine program. • Adopting the resolution will necessitate the need for a budget adjustment of $5000.00 to line item # 1104 -6226 in the police department budget. • The police department seeks authorization to accept this donation from the anonymous citizen. ATTACHMENTS Resolution on page CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Anonymous Citizen 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, an anonymous citizen has presented the police department with a donation in the amount of $5,000. The funds will be used to support the department's canine program. 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 -6226 in the police department's 2012 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks the anonymous citizen for the gracious and generous donation. ADOPTED this 16th day of October, 2012. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: Motion by: Seconded by: Those in Favor: Those Against: Date: It's Clerk Agenda Information Memo October 16, 2012 Eagan City Council Meeting G. CONTRACT 12 -01, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 12 -01 (Citywide Street Improvements) in the amount of $64,398.17 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 12 -01 provided for the street improvements in the areas of: o Johnny Cake Ridge Road - Cliff Road to Apple Valley Border (Project 1047) o Wescott Road/ Glacier Drive (Project 1073) o Slater Road/ Whispering Woods 4th & 5th (Project 1076) o Northview Park Road/ Braddock Trail/ Elrene Road (Project 1077) o Johnny Cake Ridge Road — Diffley Road to Teal Cove (Project 1078) o Denmark Avenue/ Clubview Drive (Project 1079) o Rahn Road (Project 1080) as programmed for 2012 in the City's 5 -Year Capital Improvement Program (2012- 2016) and authorized by the City Council under the aforementioned projects. • 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 October 16, 2012 Eagan City Council Meeting H. PROJECT 1067, HAWTHORNE WOODS STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1067 (Hawthorne Woods — Street Improvements) and schedule a public hearing to be held on November 20, 2012. FACTS: • Project 1067 provided for approximately 2.5 miles of street overlay improvements on neighborhood residential streets within Hawthorne Woods in southeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council on February 8, 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 23% less than the estimate contained in the feasibility report presented at the public hearing held on February 8, 2012. c)0 Agenda Information Memo October 16, 2012 Eagan City Council Meeting I. PROJECT 1068, LEXINGTON POINTE 1ST & 2ND ADDITIONS STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1068 (Lexington Pointe 1st & 2 "d Additions — Street Improvements) and schedule a public hearing to be held on November 20, 2012. FACTS: • Project 1068 provided for approximately 2 miles of street overlay improvements on neighborhood residential streets within the Lexington Pointe 1St and 2 "d Additions in central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on February 8, 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 February 8, 2012. Agenda Information Memo October 16, 2012 Eagan City Council Meeting J. PROJECT 1073, WESCOTT ROAD/ GLACIER DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1073 (Wescott Road/ Glacier Drive — Street Improvements) and schedule a public hearing to be held on November 20, 2012. FACTS: • Project 1073 provided for approximately 3 of a mile of street overlay improvements on a collector roadway (Wescott Road) and a local street (Glacier Drive) 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 -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 24% less than the estimate contained in the feasibility report presented at the public hearing held on January 17, 2012. Agenda Information Memo October 16, 2012 Eagan City Council Meeting K. PROJECT 1077, NORTHVIEW PARK RD/ ELRENE RD/BRADDOCK TR STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1077 (Northview Park Road/ Elrene Road/ Braddock Trail — Street Improvements) and schedule a public hearing to be held on November 20, 2012. FACTS: • Project 1077 provided for approximately 2.8 miles of street overlay improvements on neighborhood collector streets in east - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council on February 7, 2012. • 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 10% less than the estimate contained in the feasibility report presented at the public hearing held on February 7, 2012. Agenda Information Memo October 16, 2012 Eagan City Council Meeting L. CONTRACT 12 -12, CEDAR GROVE BOULVEARD PHASE II — GRADING IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids and award Contract 12 -12 (Cedar Grove Boulevard, Phase II — Grading Improvements) to the lowest responsible, responsive bidder for the base bid amount and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 12 -12 provides for the grading of the street and right -of -way for Cedar Grove Boulevard in preparation for public street and utility improvements associated with Project 1088, Cedar Grove Boulevard, Street Reconstruction/ Realignment. • On September 19, 2012, the City Council authorized the preparation of plans and specifications for Contract 12 -12 (Cedar Grove Boulevard — Grading Improvements). • On October 2, the Council approved the plans and specifications for Contract 12 -12 (Cedar Grove Boulevard Phase II — Grading Improvements) and authorized the advertisement for solicitation of competitive bids. • At 10:30 a.m., on October 15, 2012, formal bids were received for this project. A copy of the bid summary and recommendation for award will be forwarded with the Additional Information packet. • All bids will be reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. Agenda Information Memo October 16, 2012 Eagan City Council Meeting N. RENEWAL OF SNOW PLOWING CONTRACT FOR 2012 -2013 ACTION TO BE CONSIDERED: Renew the Agreement for Contractual Snow and Ice Control services with Reliakor Services, for the 2012 -2013 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On August 1, 2011, the City of Eagan received sealed bid quotations for the 2011- 2012 snow and ice control season/operations. Reliakor Services was the successful bidder for the street and cul de sac snow removal. The 2011 -2012 contract is renewable upon agreement by both parties for a second year. Following are the current rates: Equipment Hourly Rates Motor Grader $120 Frontend Wheel Loader $115 Single Axle Dump Truck $95 • The City had made adjustments to the snow plow routes covered under the contract as well as the requirements for equipment to be provided by the bidder in an effort to improve the timeliness and quality of this service delivery program to businesses and residents. City staff believe the modifications were successful and that Reliakor Services provided timely responses and quality service to the general public during this past winter season. • Both parties have consented to renew the street and cul de sac snow removal contract with no price increases for the 2012 -2013 season. City staff has received assurance that Reliakor will be available no later than November 1, 2012, or as needed. • The renewed agreement provides for the continued use of a fuel surcharge clause allowing for reimbursement of agreed upon quantities of fuel purchased at a rate above $3.00 per gallon for the 2012 -2013 snow and ice control season. • The City Attorney has previously reviewed the contract documents and found everything to be in order for favorable Council consideration. Agenda Information Memo October 16, 2012 Eagan City Council Meeting O. APPROVE SECOND AMENDMENT TO DARK FIBER LICENSE AGREEMENT BETWEEN THE CITY OF EAGAN AND THE MINNESOTA VALLEY TRANSIT AUTHORITY (MVTA). ACTION TO BE CONSIDERED: Approve the Second Amendment to the Dark Fiber License Agreement between the City of Eagan and the Minnesota Valley Transit Authority (MVTA) that will allow connection to City owned fiber. FACTS: • It is the mutual desire of the City of Eagan and the MVTA that the MVTA transit station located at 3470 Pilot Knob Road, Eagan MN be connected to the City's fiber optic access point located at the 3830 Pilot Knob Road, Eagan MN for the purpose of enabling the MVTA to connected to the City's high -speed access to Dakota County's Western Service Center. • The MVTA will interconnect and then lease the City's Dark fiber from the intersection of Federal Drive /Yankee Doodle Road to the access point located at the Eagan Municipal Center located at 3830 Pilot Knob Road. • The initial agreement was approved at the Council meeting on 9/16/2011. The first amendment was approved at the Council meeting on 6/13/12 and connected the MVTA's bus garage to Eagan City Hall to the Western Service Center. • The Agreement provides MVTA to use two fibers between the Eagan Municipal Center and the Dakota County Western Service Center. The City currently is using this pair so there is no cost or service impact for the MVTA to use the same fibers. • MVTA will pay upfront cost of $1,612.74 to splice into the City fiber at Federal Drive /Yankee Doodle Road and pay $2,000 in administrative costs to draw up the contract and execute. In addition, the City will receive a yearly payment of $600 from the MVTA for 30 years under this agreement to lease a pair of fiber to the City of Eagan. ATTACHMENTS: Attachment in pages <Y1 through is a copy of the proposed Agreement. SECOND AMENDMENT TO LICENSE (DARK FIBER) AGREEMENT THIS SECOND AMENDMENT to the License (Dark Fiber) Agreement (hereinafter "Agreement ") is made this day of , 2012, by and between the City of Eagan, a Minnesota municipal corporation under the laws of the State of Minnesota ( "City "), whose address is 3830 Pilot Knob Road, Eagan, MN 55122, and Minnesota Valley Transit Authority, a Joint Powers Association comprised of Minnesota municipal corporations acting pursuant to MINN. STAT. § 471.59, § 473.384 and § 473.388 having its principal place of business at 100 East Highway 13, Burnsville, MN 55337 ( "Licensee "). (City and Licensee are hereinafter collectively referred to as the "Parties "). RECITALS: WHEREAS, the City and Licensee are parties to that certain License (Dark Fiber) Agreement dated September 6, 2011 (the "Fiber Agreement "), which Fiber Agreement has been previously amended concerning the City's fiber optic network ( "City Dark Fiber ") throughout portions of the City which interconnects with municipal facilities and other related governmental facilities (the "City Network "); and WHEREAS, the Parties desire to amend the Fiber Agreement to allow for additional splicing and connections to the City Dark Fiber. NOW THEREFORE, in consideration of the foregoing, and of the promises and covenants contained in this Agreement, the Parties agree as follows: 1. MODIFICATION OF PARAGRAPH 4 OF LICENSE AGREEMENT. Paragraph 4 of the License Agreement is hereby modified by adding the following paragraph: (b) The monthly lease cost for the fiber connection from the new connection from Federal Drive /Yankee Doodle Road to Eagan City Hall to Western Service Center shall be $25.00 per month for each fiber for a total monthly fee of $50.00. Payment may be made each year in the amount of $600.00 payable on or before of each year. In addition, Licensee shall be charged a splice fee of $1,612.74 for the splice at Federal Drive /Yankee Doodle Road connection. This payment shall be made within 10 days of execution of this Agreement. Lastly, Licensee shall be charged a one -time administrative fee of $2,000.00, which shall be payable within 10 days within the execution of this Agreement. Except as modified above, all other terms, including all definitions of the License Agreement remain in full force and effect. In the event of any inconsistency between the License Agreement and this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF, and intending to be legally bound the Parties have executed this Agreement on the dates indicated below. CITY OF EAGAN Dated: , 2012 By: Mike Maguire Its: Mayor Dated: , 2012 By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Dg Dated: LICENSEE: Minnesota Valley Transit Authority , 2012 By: Printed Name: Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this , 2012, by , of Minnesota Valley Transit Authority, a Association comprised of Minnesota municipal corporations acting pursuant to § 471.59, § 473.384 and § 473.388 on its behalf. day of , the Joint Powers MINN. STAT. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 Agenda Information Memo October 16, 2012, Eagan City Council Meeting P. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR PEOPLE OF PRAISE MN, INC.'S COMMUNITY SOCIAL ON NOVEMBER 24, 2012 ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license for People of Praise MN, Inc.'s Community Social on November 24, 2012. FACTS: ➢ People of Praise MN, Inc. has requested a temporary on -sale liquor license be issued to them for a Community Social planned for November 24, 2012. The event will be held inside the school building, located at 601 River Ridge Parkway. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) 30 Agenda Information Memo October 16, 2012 Eagan City Council Meeting Q. TELECOMMUNICATION ANTENNA LEASE AGREEMENTS ACTION TO BE CONSIDERED: Approve Telecommunication Lease Agreement Amendments with T- Mobile Central LLC for installation of additional antennas and equipment at Safari, Lexington/Diffley, Yankee Doodle, Sperry and Deerwood water reservoirs, contingent upon City staff approval of final drawings, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received a request from T- Mobile Central LLC for permission to install new telecommunication equipment on City owned water reservoirs and the associated property, where T- Mobile antennas currently exist, at the following locations: o 2091 Royale Drive (Safari Tower) o 1420 Tower View Road ( Sperry Tower) o 1100 Diffley Road (Diffley Tower) o 1683 Skywood Lane, Near I -35E & Deerwood Drive (Deerwood Tower) o 760 Yankee Doodle Road (Yankee Doodle Tower) • Existing telecommunication lease agreements between the City and T- Mobile allow for the removal, replacement and installation of telecommunication equipment on City reservoirs and property with the City's written consent. The proposed installation of the additional antennas and related ground support equipment are not covered by the existing agreements and the lease amendments permit the new equipment to be installed. • The lease agreement amendments have been reviewed by the City Attorney's office and Public Works Department personnel and found to be in order for favorable Council action. The associated plans are being reviewed by the Engineering Consultant and Public Works staff and should easily be approved by City staff in time to accommodate T- Mobile's construction schedule. 31 Agenda Information Memo October 16, 2012, Eagan City Council Meeting R. DECLARE UNCLAIMED BICYCLES TO BE SURPLUS ACTION TO BE CONSIDERED: To declare unclaimed bicycles to be surplus. FACTS: ➢ Throughout the year, the City acquires a variety of unclaimed bicycles. After the bicycles are declared surplus by the City Council, State Law permits the City to sell them. ➢ The City Council approved an agreement with PropertyRoom.com, an online auction service specializing in the disposition of unclaimed and surplus property. Prior to the sale of the bicycles through PropertyRoom.com, the appropriate legal notice will be published in Sun Thisweek Newspaper. ➢ Typically, before the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use for the property, it is reallocated to the appropriate department instead of being sold. Because of storage constraints, the Council is being asked to designate the bicycles as surplus ahead of the typical process for other surplus items. Additional surplus items will come before Council at a later date. ➢ In some cases, if a bicycle has little or no value due to its condition, disposal is the best option. Per the City's Policy for the Sale of Surplus City Property, surplus property that is damaged or has nominal or no value may be deemed refuse or may be recycled. PropertyRoom.com will dispose of unsalable bicycles for the City. ATTACHMENTS (1): The unclaimed bicycle list enclosed on page . Bikes to be Declared Surplus October 16, 2012 Huffy Mt Stalker 26" Boys Magna Mt Tamer 18" Girls Schwinn Automatic 20" Boys Mongoose Outer Limit 20" Boys Roadmaster Mt Sport SX 26" Boys Roadmaster Granite Peak 26" Boys Specialed Hard Rock Comp 26" Boys Huffy Cranbrock 26" Girls Roadmaster Platinum Edition 2 Boys 20" Boys Red Bike Mongoose MGX D &R 26" Boys Columbia Kodiak 26" Boys Roadmaster Break Free 24" Girls Magna Excitor 26" Boys Murray Canyon Run 26" Boys Schwinn Probe 26" Boys Magna Great Divide 26" Boys Bawl Rocker Boys Unknown 20" Boys Nisitiki Pueblo 26" Pacific Rock Stomper 26" Boys Magna Excitor 26" Boys Roadmatster MT Sport 26" Boys Schwinn Ranker 26" Girls Honda Trail Winder 24" Boys Huffy Saturn 26" Girls Tritton Baron 24" Boys Huffy Capri —10 24" Girls Huffy Sea Star 20" Girls Next Flat Spin 20" Boys Magna Glacier Point 26" Boys Verticle PK7 26" Boys Huffy Rock IT 20" Boys Huffy Rock IT 20" Boys Mongoose KO 20" Boys Trek Mystic 16" Girls Trek 3 Series 3900 26" Boys Roadmaster Break Free 24" Girls DiamondBack 20 "Boys Specialized Crossroads 26" Boys Schwinn Express 26" Girls Schwinn Frontier 26" Boys Hyper Joct 26" Boys with Childs trailer attached registered as Item #2 Giant Boulder 26" Boys Schwinn Sidewinder 26" Girls Magna Great Divide 26" Boys Schwinn World Sport 27" Schwinn Range Soar 27" Boys Schwinn Caliente 26" Girls Schwinn Red 27" Girls Trek 4300 26" Boys Blue 26" Roadmaster Mt Fury 26" Boys Mongoose Free Style 20" Boys Roadmaster Mt Climber 24" MBK All Terrain 20" Boys Magna Imposter 20" Boys Claridge Sierra Nevada 26" Boys Huffy Blackwater 26" Boys All Terrain Trappener 20" Boys Blue 26" Boys Roland Country Mountain 26" Girls Magna Glacier Point 26" Girls Magna Red 26" Boys Magna Vermillion 26" Boys Red Giant 26" Boys Lime Green 20 "Next Boys Blue Monhouse 20" Boys Blue Pacific 20" Boys White /Pink Kent 20" Girls Red Next 20" Boys Orange Raleigh 26" Boys Red /Blk Schwinn 26" Boys Agenda Information Memo October 16, 2012, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE — CHARLES (BILL) WALKER ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Variance of 2 1/2 feet to the required 10 -foot side yard living space setback for property located at 1519 Wellington Way, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The Brittany 9th Addition was platted and this single- family home with a two -stall attached garage was constructed in 1986. A third garage stall was added in 2003. ➢ The owner is seeking an after- the -fact Variance to allow living space above the garage, within the 10 foot side yard setback area. ➢ A former owner expanded the scope of approved building plans for construction of the third stall garage and second story bonus room, unbeknownst to the City. Once the overly ambitious construction was discovered, the prior owner was required to construct a faux wall, in order to maintain the 10 foot living space setback from the eastern property line. • The current owner purchased the home in 2010 and was made aware that the required wall had been removed. ➢ The applicant would like the space to remain as is, without losing 2 1/2 feet of living space. ➢ No new construction is proposed; the property would remain in the present condition. ➢ The applicant's stated practical difficulty is that the property was purchased with the existing encroachment into the required setback. ➢ Two letters in support of the Variance have been received and are attached. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: November 26, 2012 ATTACHMENTS: (3) Location Map, page 31: Planning Report, pages 3(0 through Li C6 Letters from neighbors, pages kiq through 5 O 3y Location Map 1114A IVAIM TA IF 10. zi Nut ame■ WaldenlHeights Park BA* 4 Ism • Walden Heights Park Par DELORES < w: Itilloo -) 411rml 114101011w.101 VP 11111 '14 111104111 0 041111 Ma At4f PAVOMIND Id% 1: vi t-A 0.6111111ilata klo&VAIOTOMEIMIWIZAS m iiimrimbenSumbjerct Sitelt:510.6 V iggili %WV= Tem tru 1411411 ■•(**104, °a , w c9m1IN.AN ilio lig ilfike■vA0 A. TV / 111111E.IIIM1111§111111 Lono k Rd Yankee Doodlo.Rd DIffloy Rd Cliff Rd 2.5.40 NSTI, 1 NY MK, fie Mr Ad SM. Map Area Extent 0 Lebanon Hills Regional Park L •1° GRACE DR _A z an 617- CARRIAGE 0 •T' 0 Wee 2,000 CQ 0 Project Name: Charles Bill Walker Request: Variance Case No.: 33-VA-10-09-12 *•City of hp 500 1,000 Legend Parcels a.] Buildings Parks pCity Boundary PLANNING REPORT CITY OF EAGAN REPORT DATE: October 11, 2012 APPLICANT: Charles (Bill) Walker PROPERTY OWNER: Same REQUEST: Variance LOCATION: 1519 Wellington Way COMPREHENSIVE PLAN: LD, Low Density ZONING: R -1, Residential Single CASE: 33- VA- 10 -09 -12 HEARING DATE: October 16, 2012 APPLICATION DATE: Sept. 27, 2012 PREPARED BY: Sarah Thomas SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 2 Y2 feet to the required 10 -foot side yard living space setback for property located at 1519 Wellington Way, legally described as Lot 4, Block 1, Brittany 9th 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. Planning Report —1519 Wellington Way October 16, 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 recently adopted Variance legislation is reflected in the City Code language above and also contains the following: Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Subd. 3, B., 3. 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. 5 requires a 5 foot side yard setback for garages and a 10 foot side yard setback for principal structures on property zoned R -1. BACKGROUND /HISTORY The Brittany 9th Addition was platted in 1986 and the home was constructed in 1986 as well. A Building Permit was issued in 2003 for a garage addition with a bonus room above. The scope of the project was expanded into the side yard setback, unbeknownst to the City, and a stop -work order was issued. A 2005 Building Permit limited the second story living space by construction of a faux wall, to ensure that only uninhabitable storage space was located within 10 feet of the property line, thereby meeting setback requirements. Planning Report — 1519 Wellington Way October 16, 2012 Page 3 According to the applicant, he purchased the home in 2010 and was made aware that a required wall had been removed. The applicant included replacement of the wall as part of a renovation project; however, he ultimately removed the wall from the scope of the project. The applicant has been working with city staff since that time to remedy the situation and ultimately decided on the Variance path rather than install a separation wall. EXISTING CONDITIONS The existing 4,467 square foot single - family home has an attached three -stall garage. The lot is located on Wellington Way, south of Cliff Road. The lot is 107 feet wide along the front property line and 92 feet wide along the rear property line. Due to the configuration of the lot, the front of the 2005 addition meets the 10 foot setback; however, the rear is currently 7 feet, six inches from the eastern property line. SURROUNDING USES The property is surrounded by R -1 zoned parcels developed with Single Family homes. EVALUATION OF REQUEST Proposal — The applicant proposes the existing construction be allowed to remain, without the requirement of adding a separation wall to create uninhabitable space. Setbacks — The existing encroachment consists of living space that is 2 feet 6 inches into the required 10 -foot setback. All other setbacks are met. Lot Coverage — City Code permits a maximum building coverage of 20% for single - family lots. The existing lot coverage is 8.7% and is not impacted with the proposed Variance. 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 demonstrable difficulty. Planning Report — 1519 Wellington Way October 16, 2012 Page 4 APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative states, "...The wall in the bonus room when built, did not provide adequate separation from my neighbor's home, (12 to 18 inches too wide) which the code dictates...I am asking the Council to please consider letting the present wall remain unchanged and intact, as it has for the past four years, instead of requiring me to build another interior wall inside the room." EVALUATION OF REQUEST The Zoning Ordinance states that relief may be granted from a required ordinance provision where practical difficulties result from carrying out the strict letter of the regulations of such Code provision, provided "the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties." The Zoning Ordinance states that relief may be granted provided the applicant proposes to use the property in a reasonable matter not permitted by the zoning provisions of the Code. The applicant is proposing that the constructed space remain status quo. There is a single- family home with an attached garage present on the site and with living space approximately 7 1/2 feet to the side property line (east). There is no exterior window on this side of the home. A portion of the living space, 2 '/2 feet, was to have remained unfinished but at some point in time was made part of the living space. Allowing the area to remain as -is appears to be a reasonable use of the property; however, the owner could construct a faux wall and return the living space to storage space as was approved with the 2005 Building Permit. The Zoning Ordinance states relief may be granted provided the plight of the applicant is due to circumstances unique to the property not created by the applicant. The owner has explained that he purchased the home out of foreclosure and the non - conforming setback situation was pre- existing; therefore, it was not self - created. The requested Variance does appear to be the minimum required to alleviate the practical difficulties. The applicant is requesting relief from a required minimum setback to allow for existing space to remain as is. The 2005 Building Permit offered a solution to install a faux wall to maintain the setback requirement. The faux wall could be reconstructed. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space; however, the scale of the building will remain unchanged with or without the Variance. Planning Report — 1519 Wellington Way October 16, 2012 Page 5 As such, it does not appear that granting of the Variance would result in detrimental effects to the neighboring properties as the construction is complete and the City has no record of complaints from neighbors in relation to the setback issue. SUMMARY /CONCLUSION The applicant is requesting a Variance to allow the existing living space within the required 10 foot side yard setback at 1519 Wellington Way. A single - family home with a three -stall attached garage is present on the site. The applicant has stated that he purchased the home out of foreclosure. The required separation wall had already been removed at time of purchase. The requested Variance would result in the living space being as close as 7 feet six inches from the property line. The proposed request is an after - the -fact Variance with no new construction and does not appear to present a detrimental effect to adjacent properties. ACTION TO BE CONSIDERED To approve a Variance of 2 1/2 feet to the required 10 -foot side yard living space setback for property for property located at 1519 Wellington Way. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The upper living space shall remain as shown on the Certificate of Survey received September 27, 2012 consisting of a 7 foot, 6 inch setback to the side property line. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4D Location Map wiA v To MI IM:M7•11.1. k. ,. .. ■IiiiiiMPRII W3 fIMP4 ■ ■ Q o 1 ° e�� , , Lo Oak Rd Ve Doodl Wal` Park; :N den Heights ' DELORES eke Rd, it to, W.,A, 4 I 12 din DaimeavRed eA. .e.. w max. IR" uo $7 Map Area Extent Walden Heights Park Park;; Q o m uJ JO. 31 (PILO- --. , s X 0111:Alp, 4111111F A = . . n;li: • AP' Otz-6- NIAILIT4111511111 11 5 '-tca got 1II*4 Mil 111 Ittli co Id: • 011611ft W I likon jet w 11■41., 0\ .11 4/ ilijil11_ 6- g wo0Avi nififirLII ' Subject Site r .kw' � W EL�/N GRACE DR *411ralkirg Ace OitArli =MN la..,*-111111111 Y '8 —2 ;AN AillOPI#W4ttif III CARRIAGE Min•Vlatillik . . 4 zIrdr-#04100- k A 4P Lebanon Hills Regional Park d oT 0 I I I (Feet 0 500 1,000 2,000 Project Name: Charles Bill Walker Legend Request: Variance Parcels Case No.: 33- VA- 10 -09 -12 Buildings s 40/1 Parks City of l;ap ity Boundary N 0 41,1aPP City of Cap Current Zoning and Land Use Map Application: Charles Bill Walker Type: Variance Case No.: 33- VA- 10 -09 -12 Zoning R -1 Residential Single District Land Use Plan LD Low Density 300 600 1,200 Feet 40 20 0 Feet EMCI 0) c o a-0 • c o • a) o c � N N ' U 'O c c 4) (0 0) >'O • • Z c ` = O 4- V7 N ro � C 3 E. V) V) Q H O 1519 Wellington Way CERTIFICATE OF SURVEY ROSE eNpINECIING COMPANY, INC. )0 E.1-ST I it 6 rl 5TREF.T, BURNSVILLE , 1.1INNE3OTA 55.137 PH 4Z-z.00ci CONSULTING ENGI(Eft S, . PLANNEAS and LAND suftvvons P G , 7e C7 ZJL C.a_Ze QLLVey LO 52,- BL 2C, 6:W/ rr Y T/ / 1.) / T7A D,4,2 co a/v i; N E. so r.9. 9`)E2124"/Z- ( 2. 5) It==".7:", 0 0 • r / n / / L.- / t 1 2RA/4//96i..? T/L / T/ E--.9SEA-1EN cr, AAORT/V SCALE..' / " .G.T.r7/ Ta 71E /S 77/16 ef r/oN ( 7 7: ) --/-)6/V•07-5S FRO/°567L lz-1/.5) TYGN PrE'OP0 s et c.; ssi A10 e 6-- ■1.4./ "°'11 I v- I' 2 9/' L ' ---,...c_c...._ 3 2. oo 1 6 F,' 0,ec,;,) &,..,' p."/- ,11-71i)," .•,'"' .4,4,4„:%, , • , vi N! 1L"'..o0 /600.1 I- 7 , /NC / 6,9 7-6.11 / /P 77ON OF _SUR FA C PR.4/NACE 9e 4 .23 = F-/N/S:714F0 6A RA66- /--7/4 770/V .E L /07 do 23" C hez-sby ctr-tify that this is a t.:-us and cor:-sct LAnd i.z ithc-vr . and dtscribcd hertoni. A Prt1P4rtd• /174E-,,<_ 1St '2?.?" • • 3, 745/0 2-74/62-047 y , r-e.pr-taantation of a tract of by mei on this z 77/ day of r\r: 1}f-4Fif.1\7111:::." 1) (1112 BY DATE 1. v.. BUILDING INSPECTIONS DEPT,i 4 i i "'• • (:-..,.;!0 ( t; 0 1., • EAGAN —N5 ( BUILDING PERMIT PLAN REVIEWED _SeIct.ret,..1e._ 114.e E 'e c/ 7 1/ • r- 17 1 IA 00 ckp ( V `--- ----- 1/ I . / . 7 Th r.e , ) f7 /, 11 efe. i(DO t 1-6 -( •y- .• • \ / 1-3 1 1 zi / 4-c9 L. a 45- a NARRATIVE Explanation for Request of Varience September 24,2012 Mayor and City Council Members : My mother was diagnosed with Lymphoma cancer in 2008, Couldn't live alone in Texas any longer. To remedy this situation, I purchased my first home here In 2010 , large enough for both of us to live in . I moved her up to Eagan in 2010, was working full time, Care taking, and trying to renovate the foreclosed home. I encountered many problems , challenges and costs with This home . One of these many issues was the room in question today. The wall in the bonus room, when built, did not provide Adequate separation from my neighbors home, (12 to 18 Inches too wide ) which the code dictates. ( Setback issue ) In 2010 Mayor Maguire was kind enough to listen to my Story , and encouraging under my circumstances that we Could resolve the issue. It was suggested that I submit this Varience. I appreciated his empathy during that period , as it was a Terrible time , as my mom passed away only a month after I moved in , and right after I had installed a stair chair to Get her into the room. Without going into many details of the last 2 years, I am Asking the Council to please consider letting the present wall Remain unchanged and intact , as it has for the past 4 years, Instead of requiring me to build another interior wall inside . The room. Lt7 0I -. P After not hearing from the City Building Department for over 1 year , and not called as promised ; 1 have finished renovating the room. It has been patched, painted, and furnished. It came out beautiful and I have the full support of all my neighbors with this issue, and have had many compliments On things I have done to improve the property, I try to follow the rules and regulations and obey the codes And ordinances , but unfortunately the previous homeowners Of my property did not hence this issue. I sincerely appreciate the councils' consideration of this Request. Sincerely, Charles ( Bill ) Walker 1519 Wellington Way Eagan n, Mn. 551(22 __(y L V RECEIVED OCT 10 2012 To: Eagan City Council RE: Variance Case #33- VA- 10 -09 -12 We enthusiastically endorse and support the request by Bill Walker for a variance to the principle setback for his home at 1519 Wellington Way. We have resided directly across the street at 1518 Wellington Way since 1990. The previous owners let the property deteriorate into a mess of unfinished construction projects making it the eyesore of the neighborhood. We had to look at dumpsters, unkept lawn and construction debris for over four years. Bill Walker bought the property and immediately he went to work to fix and clean up the property. I know he personally spent countless hours and thousands of dollars on improving the house and property. There hasn't hardly been a day where he isn't working on the house and yard. He has immense pride in making this property shine once again. He has made the house at 1519 Wellington Way an asset to the neighborhood again and we commend him for that accomplishment. We urge you to vote in favor of this variance request. Respectfully: Thomas P. Ferber Linda J. Ferber !°� ✓__ %. 1518 Wellington Way Eagan, MN. 55122 Ferberl @msn.com 651 - 454 -5774 L� C Or",,Na Cci 111 U IhkY CC. N fu6 cia EpT L— k \ f\-) 1\ F-61ADNII "\-- • CT-4T0') f3Y 00A Ne-16)-(4-1636 C3 4L c i /4 -3 - , t--- t7sS 00 /11: ciui MY-P-5 1'111 r A-0 Os CC- /to ( P C 0 )v 0 'r /6/V5 14 `"- Z--(1 fr :1) j Cr6 tHf (-lack; e yo vc G, itA ,c,.../ar- 1'44 f° f\11 Ke.)10) ( ‘) E- CA) C-rti ( \--t-vk AciL, 4P5 1\--10 meti.-cT cotu CA.,1 1- a a\ C Vk c I 171 A.) F (A,--rLd uu E 6 1,-; L'AN October 11, 2012 Planning Department City of Eagan Christina Scipioni, City Clerk 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Christina, I have no objection to the variance that Mr. Walker requests for his house at 1519 Wellington Way. Mr. Walker has upgraded the exterior of his home with a new driveway and extensive landscaping of his yard since purchasing his home. Sincerely, Philip J Just (651) 681 -9306 1523 Wellington Way, Eagan MN 55122 IJoJa 1d 51 MatniootTOS SaIi Agenda Information Memo October 16, 2012 Eagan City Council Meeting PUBLIC HEARING B. GOLD TRAIL PETITION TO REMOVE PARKING RESTRICTIONS ACTION TO BE CONSIDERED: 1) Receive petition and approve the removal of existing parking restrictions on Gold Trail and authorize staff to remove related signage; -OR- 2) Deny request for removal of existing parking restrictions on Gold Trail. 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 residential 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. • Woodhaven Park is located on the south side of Gold Trail in the area of parking restrictions. Parks Maintenance Superintendent Olson reviewed the petition for removal of the existing parking restrictions and determined that based upon the current level of use and programming, modification or elimination of the existing Gold Trail parking restrictions should not have an impact on the use or accessibility of Woodhaven Park. • Notices for a public hearing were published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. • Staff received one phone call from an adjacent resident expressing opposition to the removal of the existing parking restrictions. ATTACHMENTS: • Petitioning Properties Map, page y53 . Ci ■ WOOD GOLD SILVER - BELL- -ROAD f w 0 J 0 J m PARK LEGEND LEGEND No Parking Signs Petitioning Properties W OODHAVEN PARK 41 k** ditk City of 6ap PETITION TO REMOVE NO PARKING SIGNS GOLD TRAIL ( GOLD PT. TO DOLOMITE DR. ) 5•6 9/25/2012 Agenda Information Memo October 16, 2012 Eagan City Council Meeting PUBLIC HEARINGS C. PROJECT 1058, OSLUND TIMBERLINE (PINE RIDGE DRIVE) STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1058 (Oslund Timberline aka Pine Ridge Drive — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1058 provided for the street overlay improvements on Pine Ridge Drive, a residential street in northwest Eagan. • The Final Assessment Roll was presented to the City Council on September 19, 2012, with a public hearing scheduled for October 16, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 8% less than the estimate contained in the feasibility report presented at the public hearing held on January 17, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 15 parcels (all Single- Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages 56- through 5° . FINAL ASSESSMENT REPORT PROJECT Number: 1058 Oslund Timberline (Pine Name: Ridge Drive) PUBLIC HEARING DATES Assessment: October 16, 2012 Project Approval: January 17, 2012 STREET Surfacing/ Sign Final Rate $ 1,009.98 Feasibility Report Units $ 1,100.00 Lot Contract Number of Interest Number Parcels Terms Rate Amount Assessed Variance Actual to FR City Financed Variance Actual to FR 12 -02 15 5 yrs 3.5% $ 15,149.70 $ (1,350.30) $ 42,869.07 $ (7,030.93) $ 16,500.00 FR -8.2% $ 49,900.00 FR -14.1% City of Evan WOMO To: Mayor and City Council From: John Gorder, City Engineer Date: October 11, 2012 Subject: Final Assessment Roll, Project 1058 Oslund Timberline (Pine Ridge Drive) At the public hearing on Jan 17, 2012, the City Council ordered Project 1058. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving/ signage, and concrete curb & gutter repair for the Oslund Timberline (Pine Ridge Drive) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1058. PROJECT COST The total construction cost for this project is $40,422.65. This includes $40,123.14 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $299.51. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $17,596.12 were incurred, resulting in a total improvement and project cost of $58,018.77. 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. IMPROVEMENT Mill & Overlay/ Sign Conc Curb & Gutter Repair ASSESSMENTS CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY COST COSTS COST REPORT $21,110.13 $9,189.31 $30,299.44 $33,200.00 $19,312.52 $8,406.81 $27,719.33 $33,200.00 $40,422.65 $17,596.12 $58,018.77 $66,400.00 Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT QTY PRICE COST MOBILIZATION LS 1.00 $2,500.00 $ 2,500.00 MILL BITUMINOUS PAVEMENT (0" -1 1/4" DEPTH) SY 1,215.00 1.36 1,652.40 BITUMINOUS MATERIAL FOR TACK COAT GAL 200.00 2.45 490.00 ITEM (continued). UNIT QTY PRICE COST TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 226.88 56.20 12,750.66 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B)(PATCH) TON 4.02 78.00 313.56 ADJUST GATE VALVE BOX EA 1.00 218.00 218.00 ADJUST FRAME & RING CASTING EA 1.00 218.00 218.00 TRAFFIC CONTROL LS 1.00 1,600.00 1,600.00 REMOVE & REPLACE FRAME & RING CASTING (27 ") EA 2.00 534.00 1,068.00 TRAFFIC SIGNAGE REPLACEMENT LS 1.00 299.51 299.51 Subtotal $ 21,110.13 Other costs $ 9,189.31 Total Cost of Assessable Item(s) $ 30,299.44 Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Sign costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: $30,299.44 (Mill & Overlay/ Sign Cost) x 50% = $15,149.70 $15,149.70 15 Units = $1,009.98 / Unit 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. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Mill & Overlay/ Sign Conc Curb & Gutter Repair CITY FUND RESPONSIBILITY Major Street Fund: $42,869.07 John Gorder, P.E Reviewed C &2"9 Public Works Department V2--1 Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY $30,299.44 $27,719.33 $58,018.77 5`l $15,149.70 $0.00 $15,149.70 $15,149.74 $27,719.33 $42,869.07 eW6(4-j4_,K Finance Departme t 0//2//2_ Date Final Assessment Roll City Project 1058 - Oslund Timberline Pine Ridge Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1480 McCarthy Rd. 10- 55300 - 040 -10 1 $ 1,009.98 $ 1,009.98 3020 Pine Ridge Dr. 10- 55300 - 021 -80 1 $ 1,009.98 $ 1,009.98 3028 Pine Ridge Dr. 10- 55300- 021 -70 1 $ 1,009.98 $ 1,009.98 3031 Pine Ridge Dr. 10- 55300 - 044 -20 1 $ 1,009.98 $ 1,009.98 3034 Pine Ridge Dr. 10- 55300 - 021 -60 1 $ 1,009.98 $ 1,009.98 3039 Pine Ridge Dr. 10- 55300 - 044 -10 1 $ 1,009.98 $ 1,009.98 3040 Pine Ridge Dr. 10- 55300 - 021 -50 1 $ 1,009.98 $ 1,009.98 3045 Pine Ridge Dr. 10- 55300 - 044 -00 1 $ 1,009.98 $ 1,009.98 3046 Pine Ridge Dr. 10- 55300- 021 -40 1 $ 1,009.98 $ 1,009.98 3050 Pine Ridge Dr. 10- 55300 - 021 -30 1 $ 1,009.98 $ 1,009.98 3053 Pine Ridge Dr. 10- 55300 - 043 -90 1 $ 1,009.98 $ 1,009.98 3060 Pine Ridge Dr. 10- 55300 - 021 -20 1 $ 1,009.98 _ $ 1,009.98 3061 Pine Ridge Dr. 10- 55300- 043 -80 1 $ 1,009.98 $ 1,009.98 Subtotals 12 $ 12,119.76 Red Cedar Road R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1480 McCarthy Rd. 10- 55300 - 040 -10 1 $ 1,009.98 $ 1,009.98 1465 Red Cedar Rd. 10- 55300 - 021 -10 1 $ 1,009.98 $ 1,009.98 1483 Red Cedar Rd. 10- 55300 - 043 -70 1 $ 1,009.98 _ $ 1,009.98 Subtotals 2 $ 2,019.96 McCarthy Road R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1480 McCarthy Rd. 10- 55300 - 040 -10 1 $ 1,009.98 $ 1,009.98 Subtotals 1 $ 1,009.98 15 Single - Family Lots TOTAL ASSESSMENT $ 15,149.70 Street Improvement Assessable Area City of FooM Oslund Timberline ( Pine Ridge Dr.) Street Revitalization - Project 1058 Street Improvement Area LIUSERSIENGINEERING1City Projects\ 2012 Street Reconstruction\ a+ Project 10581 Fig 2.mxd Q Fig. 2 Date: 11/02/2011 Agenda Information Memo October 16, 2012 Eagan City Council Meeting PUBLIC HEARINGS D. PROJECT 1070, OAK CHASE 4TH (OAK CHASE CIRCLE) STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1070 (Oak Chase 4th or Oak Chase Circle — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1070 provided for the street overlay improvements on Oak Chase Circle, a residential street within the Oak Chase 4th Addition, in south - central Eagan. • The Final Assessment Roll was presented to the City Council on September 19, 2012, with a public hearing scheduled for October 16, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 28% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 8 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages (AI through (i2- . (a 0 FINAL ASSESSMENT REPORT Number: Name: STREET Surfacing/ Sign PROJECT PUBLIC HEARING DATES 1070 Assessment: October 16, 2012 Oak Chase 4th (Oak Chase Circle) Project Approval: February 21, 2012 Final Rate $1,705.56 Contract Number of Interest Number Parcels Terms Rate Amount Assessed Feasibility Report $2,300.00 Variance Actual to FR Units Lot City Financed Variance Actual to FR 12 -02 8 5 yrs 3.5% $ 13,644.48 $ (4,755.52) $ 22,616.19 $ 4,016.19 $ 18,400.00 FR -25.8% $ 18,600.00 FR 21.6% To: From: Date: Subject: City of Eagan Mayor and City Council John Gorder, City Engineer October 11, 2012 Final Assessment Roll, Project 1070 Oak Chase 4th (Oak Chase Circle) Mm0 At the public hearing on Feb 21, 2012, the City Council ordered Project 1070. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving/ signage, and concrete curb & gutter repair for the Oak Chase 4th (Oak Chase Circle) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1070. PROJECT COST The total construction cost for this project is $23,924.04. This includes $23,780.11 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $143.93. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $12,336.63 were incurred, resulting in a total improvement and project cost of $36,260.67. 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 IMPROVEMENT COST Mill & Overlay $ 18,004.71 Conc Curb & Gutter Repair $ 5,919.33 $ 23,924.04 ASSESSMENTS OTHER COSTS $ 9,284.28 $ 3,052.35 $ 12,336.63 IMPROVEMENT COST $ 27,288.99 $ 8,971.68 $ 36,260.67 FEASIBILITY REPORT $ 37,000.00 $ 37,000.00 Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" -1 1/4" DEPTH) 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 ADJUST FRAME & RING CASTING TRAFFIC CONTROL TRAFFIC SIGNAGE REPLACEMENT Subtotal Other costs Total Cost of Assessable Item(s) UNIT LS SY GAL TO N TO N EA EA LS LS QTY PRICE 1.00 $2,500.00 854.00 1.36 125.00 2.45 204.27 56.20 2.04 78.00 1.00 218.00 2.00 218.00 1.00 1,600.00 1.00 143.93 COST $2,500.00 1,161.44 306.25 11,479.97 159.12 218.00 436.00 1,600.00 143.93 18, 004.71 9,284.28 27,288.99 Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: $27,288.99 (Mill & Overlay Cost) x 50% = $13,644.48 $13,644.48 8 Units = $1,705.56 / Unit 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. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Mill & Overlay Conc Curb & Gutter Repair CITY FUND RESPONSIBILITY Major Street Fund: John Gors r, P.E. Reviewed $22,616.19 Public Works Department 10 —t2, i2 G Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I IMPROVEMENT COST $27,288.99 $8,971.68 $36,260.67 ASSESSMENT REVENUE $13,644.48 $0.00 $13,644.48 CITY RESPONSIBILITY $13,644.51 $8,971.68 $22,616.19 1(X61AuW MA), a Finance Department 101Lt(12 Date Final Assessment Roll City Project 1070 - Oak Chase Circle Oak Chase Circle Low Density Residential P.I.N. Lot Equivalent Unit Assessment Total 4551 Oak Chase Circle 10- 53503 -01 -030 1 $1,705.56 $1,705.56 4553 Oak Chase Circle 10- 53503 -01 -040 1 $1,705.56 $1,705.56 4555 Oak Chase Circle 10- 53503 -01 -050 1 $1,705.56 $1,705.56 4557 Oak Chase Circle 10- 53503 -01 -060 1 $1,705.56 $1,705,56 4559 Oak Chase Circle 10- 53503 -01 -070 1 $1,705.56 $1,705.56 4561 Oak Chase Circle 10- 53503 -01 -080 1 $1,705.56 $1,705.56 4563 Oak Chase Circle 10- 53503 -01 -090 1 $1,705.56 $1,705.56 4565 Oak Chase Circle 10- 53503 -01 -100 1 $1,705.56 $1,705.56 Totals 8 $13,644.48 8 Low- Density Estate Lots (QT N N- 0 Q a) 'o GG as U c� E 0 0 ca N a) CY a) 'ice vJ Oak Chase 4th Assessments / Street /n Agenda Information Memo October 16, 2012 Eagan City Council Meeting PUBLIC HEARINGS E. PROJECT 1071, SIGNAL POINT / KNOB HILL PROFESSIONAL PARK STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1071 (Signal Point / Knob Hill Professional Park — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1071 provided for the street overlay improvements on Signal Point, a residential cul -de -sac, and on Knob Hill, a mixed use street, in central Eagan. • The Final Assessment Roll was presented to the City Council on September 19, 2012, with a public hearing scheduled for October 16, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 13% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 13 parcels (Single- Family) and 3 parcels (Commercial /Industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages (01 through � a . FINAL ASSESSMENT REPORT Number: Name: PROJECT PUBLIC HEARING DATES 1071 Assessment: October 16, 2012 Signal Point/ Knob Hill Additions Project Approval: February 21, 2012 STREET Surf./ Signs - Low Dens Res STREET Surf./ Signs - Comm /Ind STREET Driveway Entrance - Comm /Ind Final Rate Feasibility Report $1,056.90 $1,150.00 $6,537.48 $7,100.00 $75.00 $111.00 Units Lot Eq Net Acre SY Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 12 -02 17 5/10 yrs 3.5% $ 54,883.80 $ (8,716.20) $ 39,246.28 $ 7,746.28 $ 63,600.00 FR -13.7% $ 31,500.00 FR 24.6% 41,11/1° City of Eagan Memo To: Mayor and City Council From: John Gorder, City Engineer Date: October 11, 2012 Subject: Final Assessment Roll, Project 1071 Signal Point/ Knob Hill Addition At the public hearing on February 21, 2012, the City Council ordered Project 1071. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, signage, and concrete curb & gutter repair for the Signal Point/ Knob Hill Addition project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1071. PROJECT COST The total construction cost for this project is $71,246.00. This includes $70,858.15 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $387.85. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $22,884.09 were incurred, resulting in a total improvement and project cost of $94,130.09. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT COST COSTS Mill & Overlay Concrete Entrance Replacement $ 12,388.86 $ 3,389.83 Concrete Curb & Gutter Repair $ 21,430.50 $ 4,076.25 $ 71,246.00 $ 22,884.09 $ 37,426.24 $ 15,418.01 ASSESSMENTS IMPROVEMENT COST $ 52,844.65 $ 15,778.69 $ 25,506.75 $ 94,130.09 FEASIBILITY REPORT $ 57,100.00 $ 21,100.00 $ 16,900.00 $ 95,100.00 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 ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" - 1 -1/4" DEPTH) 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 UNIT LS SY GAL TON TON EA EA Cog QTY 1.00 1,887.00 400.00 449.35 5.00 3.00 5.00 PRICE $2,500.00 $1.36 $2.45 $56.20 $78.00 $218.00 $214.00 COST $2,500.00 $2,566.32 $980.00 $25,253.47 $390.00 $654.00 $1,070.00 Mill & Overlay (continued) ITEM UNIT QTY PRICE COST ADJUST FRAME & RING CASTING EA 5 $ 218.00 $ 1,090.00 TRAFFIC CONTROL LS 1 $ 1,600.00 1,600.00 ADJUST FRAME & RING CASTING (RISER) EA 2 $ 280.00 560.00 REPAIR GATE VALVE MID SECTION EA 1 $ 375.00 375.00 TRAFFIC SIGN REPLACEMENT LS 1 $ 387.85 387.85 Subtotal $ 37,426.64 Other costs $ 15,418.01 Total Cost of Mill & Overlay $ 52,844.65 Concrete Driveway Replacement ITEM UNIT QTY PRICE COST TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (PATCH) TON 2 $ 78.00 $156.00 7" CONC DRIVEWAY PAVEMENT - High Early SY 210.66 $ 49.40 10,406.60 REMOVE CONCRETE CURB & GUTTER LF 296 $ 4.06 1,201.76 REMOVE BITUMINOUS PAVEMENT SY 125 $ 2.50 312.50 SODDING TYPE SALT RESISTANT SY 36 $ 6.50 234.00 COMPOST/ TOPSOIL MIXTURE TON 2 $ 39.00 78.00 Subtotal $ 12,388.86 Other costs $ 3,389.83 Total Cost of Concrete Driveway $ 15,778.69 Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: 1,366 feet (Residential Frontage) / 2,626 feet (Total Frontage) = 52% $52,844.65 (Mill & Overlay) x 50% x 52% = $13,739.61 $13,739.61 = $1,056.90/ Lot 13 Single Family Commercial/ Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Mill & Overlay costs are assessable for Commercial/ Industrial Lot properties. The improvement and assessment rate for the Commercial/ Industrial Lot properties is computed as follows: 1,260 feet (Commercial Frontage)/ 2,626 (Total Frontage) = 48% $52,844.65 (Mill & Overlay Cost) x 100% x 48% = $25,365.43 $25,365.43 = $6,537.481 Net Acre 3.88 Net Acres Commercial/ Industrial - Concrete Entrance Apron Replacement: Assessment costs will be allocated to benefiting properties based on the individual entrance repair costs for each commercial/ industrial property (3 total). The proposed assessment for each property for concrete entrance replacements, per actual cost of driveway repaired, approximately $75 per square yard, is proposed as follows: Address Amount 4145 Knob Drive $3,908.43 4151 Knob Drive $3,679.43 4178 Knob Drive $8,190.82 Total $15,778.69 ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties, and 10 years for non - residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY Mill & Overlay $52,844.65 $39,105.12 $13,739.53 Concrete Entrance Replacement $15,778.69 $15,778.69 $ -0- Concrete Curb & Gutter Repair $25,506.75 $ -0- $25,506.75 $94,130.09 $54,883.80 $39,246.28 CITY FUND RESPONSIBILITY Major Street Fund: $39,246.28 J' n Gorder, P. Reviewed `/ w�C Pu Iic Works Department t0 .- c 2— Finance Department Date Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant I O City of ENE Knob Drive / Signal Point Street Revitalization - Project 1071 Street Improvement Area G :\Projects and Contracts) 2011 Street Reconstructioml KNOB RD.mxd w Fig. 2 Final Assessment Roll City Project 1071 - Signal Point /Knob Hill Professional Park Knob Drive R -1 Residential P.I.N. Lot Equivalent Rate Total 4157 Knob Drive 10- 68055 -01 -070 1 $1,056.90 $1,056.90 4161 Knob Drive 10- 68055 -01 -060 1 $1,056.90 $1,056.90 4165 Knob Drive 10- 68055 -01 -050 1 $1,056.90 $1,056.90 4169 Knob Drive 10- 68055 -01 -040 1 $1,056.90 $1,056.90 4173 Knob Drive 10- 68055 -01 -030 1 $1,056.90 $1,056.90 4177 Knob Drive 10- 68055 -01 -020 1 $1,056.90 $1,056.90 4181 Knob Drive 10- 68055 -01 -010 1 $1,056.90 $1,056.90 Subtotals 7 $7,398.30 Signal Point R -1 Residential P.I.N. Lot Equivalent Rate Total 4142 Signal Point 10- 68055 -02 -060 1 $1,056.90 $1,056.90 4138 Signal Point 10- 68055 -02 -050 1 $1,056.90 $1,056.90 4134 Signal Point 10- 68055 -02 -040 1 $1,056.90 $1,056.90 4135 Signal Point 10- 68055 -02 -030 1 $1,056.90 $1,056.90 4139 Signal Point 10- 68055 -02 -020 1 $1,056.90 $1,056.90 4143 Signal Point 10- 68055 -02 -010 1 $1,056.90 $1,056.90 $41,144.10 Subtotals 6 $6,341.40 Knob Drive PD - Comm/ Ind/ Office P.I.N. Net Acreage Street Overlay Assessment (@ $6,537.48/ net acre) Concrete Entr Assess Total Assessment 4145 Knob Drive 10- 42600 -01 -070 0.41 $2,680.37 $3,908.43 $6,588.80 4151 Knob Drive 10- 42600 -01 -060 0.67 $4,380.11 $3,679.43 $8,059.54 4178 Knob Drive 10- 42600 -02 -021 1.36 $8,890.97 $8,190.82 $17,081.79 Vacant Lot (Ohalloran & Murphy Co) 10- 42600 -02 -030 1.44 $9,413.97 - $9,413.97 Subtotals 3.88 $25,365.42 $15,778.68 $41,144.10 TOTAL STREET ASSESSMENT $39,105.12 TOTAL ASSESSMENT $54,883.80 Front Footage Summary Single - Family 1,366 52.0% 13 Lots Commercial/ Industrial (Office) 1,260 48.0% 4 Lots Total 2,626 100.0% Agenda Information Memo October 16, 2012 Eagan City Council Meeting PUBLIC HEARINGS F. PROJECT 1072, BOULDER RIDGE (HEINE COURT) STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1072 (Boulder Ridge — Heine Court) and authorize its certification to Dakota County for collection. FACTS: • Project 1072 provided for the street overlay improvements on Heine Court, a residential cul -de -sac in central Eagan. • The Final Assessment Roll was presented to the City Council on September 19, 2012, with a public hearing scheduled for October 16, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 18% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 7 townhome units being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages 14 through " . 113 PROJECT Number: 1072 Boulder Ridge (Heine Name: Court) PUBLIC HEARING DATES Assessment: October 16, 2012 Project Approval: February 21, 2012 Final Feasibility Rate Report Units STREET Surf. /Signs - Direct Access $353.00 $430,00 TH Unit STREET Surf. /Signs - Comm Park $35.34 $42.00 F.F. Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 12 -02 8 5/10 yrs 3.5% $8,902.88 - $1,797.12 $26,437.99 +$1Q937.99 $10,700.00 FR -17% $15,500.00 FR +71% C!ty of Eagan Nero To: Mayor and City Council From: John Gorder, City Engineer Date: October 11, 2012 Subject: Final Assessment Roll, Project 1072 Boulder Ridge (Heine Court) At the public hearing on February 21, 2012, the City Council ordered Project 1072. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, traffic sign replacement and concrete curb & gutter repair for the Boulder Ridge (Heine Court) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1072. PROJECT COST The total construction cost for this project is $21,623.92. This includes $21,576.76 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $47.16. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $13,716.95 were incurred, resulting in a total improvement and project cost of $35,340.87. 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. IMPROVEMENT Mill & Overlay / Signage CONSTRUCTION OTHER COST COSTS $8,893.86 $5,641.74 Curb & Gutter Rep/ Trail Overlay $12,730.06 Totals $21,623.92 ASSESSMENTS $8,075.21 $13,716.95 IMPROVEMENT COST $14,535.60 $20,805.27 $35,340.87 FEASIBILITY REPORT $17,500.00 $8,700.00 $26,200.00 Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" - 1 -1/4" DEPTH) MILL BITUMINOUS PAVEMENT (1 -1/4" X FULL DEPTH) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) ADJUST FRAME & RING CASTING TRAFFIC CONTROL TRAFFIC SIGNAGE REPLACEMENT Subtotal Other Costs Total of Assessable Item(s) 9 UNIT LS SY SY TON EA LS LS QTY 1,00 241.00 80.00 72.70 1.00 1.00 1.00 PRICE COST $2,500.00 $2,500.00 $1.36 327.76 $1.44 115.20 $56.20 4,085.74 $218.00 218.00 $1,600.00 1,600.00 $47.16 47.16 $8,893.86 $5,641.74 $14,535.60 Low Density Residential (Townhome) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Sign costs are assessable for Low Density Residential (Townhome) properties. The improvement and assessment rate for the Low Density Residential (Townhome) properties is computed as follows: % Low Density Townhome Frontage = 106 F.F. / 310 Total F.F. = 34% $14,535.60 (Mill & Overlay / Sign Costs) x 50% x 34% = $2,471.05 $2,471.05 7 TH Units = $353.00/ TH Unit Community Park Improvements: The City's Assessment Policy states that 75% of the Mill & Overlay/ Sign costs are assessable for Community Park properties The improvement and assessment rate for the Community Park properties is computed as follows: % Community Park = 182 F.F. / 310 Total F.F. = 59% $14,535.60 (Mill & Overlay / Sign Costs) x 75% x 59% = $6,432.01 $6,432.01 182 Front Feet ASSESSMENT TERMS: = $35.34/ Front Foot The assessments are proposed for a term of 5 years for residential properties and 10 years for non - residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT COST Mill & Overlay / Sign $14,535.60 Curb & Gutter Rep/ Trail Overlay $20,805.27 $35,340.87 CITY FUND RESPONSIBILITY ASSESSMENT REVENUE $8,902.88 $ -0- $8,902.88 CITY RESPONSIBILITY $5,632.72 $20,805.27 $26,437.99 Additional costs were incurred for the structural bituminous overlay of the walking trail in Heine Pond Park. These additional costs will be the responsibility of the Parks Renewal & Replacement Fund. (43% of C & G/ Trail Overlay Item) Major Street Fund: $17,491.54 Park R & R Fund: $8,946.27 TOTAL $26,437.99 John G der, P.E. Public Works Department ;p - -t2 (2. 6blx ken Finance Department t.61111 12— Date Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant I Final Assessment Roll City Project 1072 - Boulder Ridge (Heine Court) Heine Court PD - Townhomes P.I.N. Lot Equivalent Assessment Rate Total 4215 Heine Court 10- 14800 -01 -190 1 $353.00 $353.00 4213 Heine Court 10- 14800 -01 -200 1 $353.00 $353.00 4211 Heine Court 10- 14800 -01 -210 1 $353.00 $353.00 4209 Heine Court 10- 14800 -01 -220 1 $353.00 $353.00 4207 Heine Court 10- 14800 -01 -230 1 $353.00 $353.00 4205 Heine Court 10- 14800 -01 -240 1 $353.00 $353.00 4203 Heine Court 10- 14800 -01 -250 1 $353.00 $353.00 Subtotals 7 $2,471.00 TOTAL ASSESSMENT $8,902.88 Front Footage Summary Townhome (Access to Heine Ct.) 106 Front 7 Lots Heine Pond Park Community Park P.I.N. Footage Assessment Rate Total (Outlot C) Total 310 100% Heine Pond Park 10- 14800 -00 -030 182 $35.34 $6,431.88 Subtotals $6,431.88 TOTAL ASSESSMENT $8,902.88 Front Footage Summary Townhome (Access to Heine Ct.) 106 34% 7 Lots Heine Pond Park 182 59% Unassessable 22 7% Total 310 100% N LL (Heine Court) YZ Street Revita Assessments / Street <((zZ 44 a cd w 0 Agenda Information Memo October 16, 2012 Eagan City Council Meeting PUBLIC HEARINGS G. PROJECT 1078, JOHNNY CAKE RIDGE ROAD STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1078 (Johnny Cake Ridge Road, Diffley Road to Teal Cove — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1078 provided for the street overlay improvements on Johnny Cake Ridge Road, from Diffley Road to Teal Cove, a collector roadway in west - central Eagan. • The Final Assessment Roll was presented to the City Council on September 19, 2012, with a public hearing scheduled for October 16, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 2% less than 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 informing them of this public hearing. An informational meeting was held on October 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 54 townhome residential lots, 1 public facility and 7 commercial/ industrial lots being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages `g() through cgC . '1 q PROJECT Number: 1078 Johnny Cake Ridge Road PUBLIC HEARING DATES Assessment: October 16, 2012 Name: (Diff ley Road to Teal Cove) Project Approval: December 20, 2011 STREET Surf. /Signs - Townhome Res STREET Surf. /Signs - Public Facility STREET Surf. /Signs - Comm/ Ind Contract Number of Number Parcels Terms Final Feasibility Rate Report Units $190.66 $195.00 TH Unit $15.65 $16.00 F.F. $3,154.83 $3,230.00 Net Acre Interest Amount Variance City Variance Rate Assessed Actual to FR Financed Actual to FR 12 -01 64 5/10 yrs 3.5% $ 67,580.41 $ (1,619.59) $ 190,518.39 $ (8,381.61) $ 69,200.00 FR -2.3% $ 198,900.00 FR -4.2% 41,1 City of Evan Memo To: Mayor and City Council From: John Gorder, City Engineer Date: October 11, 2012 Subject: Final Assessment Roll, Project 1078 Johnny Cake Ridge Road (Diffley Road to Teal Cove) At the public hearing on December 20, 2011, the City Council ordered Project 1078. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving/ signage, bituminous trail overlay and concrete curb & gutter repair for the Johnny Cake Ridge Road (Diffley Road to Teal Cove) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage 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 1078. PROJECT COST The total construction cost for this project is $204,630.59. This includes $201,012.50 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $3,618.09. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $53,468.21 were incurred, resulting in a total improvement and project cost of $258,098.80. 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 $132,814.93 $34,703.40 $167,518.33 $171,600.00 Curb & Gutter Rep /Trail Overlay $71,815.66 $18,764.81 $90,580.47 $96,500.00 Totals $204,630.59 $53,468.21 $258,098.80 $268,100.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT QTY PRICE COST MOBILIZATION LS 1 $7,582.50 $7,582.50 MILL BITUMINOUS PAVEMENT (0" - 1 -1/4" DEPTH) SY 14,992 $2.25 $33,732.00 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,025 $3.00 $3,075.00 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 1,602 $44.00 $70,488.00 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (Patch) TON 16.53 $100.00 $1,653.00 ADJUST GATE VALVE BOX EA 14 $100.00 $1,400.00 REPAIR GATE VALVE TOP SECTION W /COVER EA 13 $145.00 $1,885.00 ADJUST FRAME & RING CASTING EA 5 $375.00 $1,875.00 ITEM UNIT QTY PRICE COST TRAFFIC CONTROL LS 1 $3,555.00 $3,555.00 PAVEMENT MESSAGE (RT ARROW) EPDXY EA 1 $100.00 $100.00 PAVEMENT MESSAGE (LT) EPDXY EA 9 $100.00 $900.00 4" SOLID WHIATE LINE EPDXY LF 1,624 $0.21 $341.04 24" SOLID LINE YELLOW LINE EPDXY LF 350 $5.25 $1,837.50 4" DOUBLE SOLID YELLOW LINE EPDXY LF 1,840 $0.42 $772.80 TRAFFIC/ STREET SIGNS LS 1 $3,618.09 $3,618.09 Subtotal $132,814.93 Other Costs $34,703.40 Total of Assessable Item(s) $167,518.33 Residential Lots - Indirect Access Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Sign costs are assessable for Townhome Residential Lots - Indirect 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 63 feet. Therefore, the amount assessed must be adjusted to reflect this difference. The improvement and assessment rate for the Townhome Residential Lots - Indirect Access properties is computed as follows: % Residential Lots - Indirect Access = 990 F.F. / 4,082 Total F.F. = 24.3% $167,518.33 (Mill & Overlay / Sign Costs) x 50% x 24.3% X 32 / 63 = $10,295.73 $10,295.73 54 TH Units = $190.66/ TH Public Facility Lots Improvements: The City's. Assessment Policy states that 75% of the Mill & Overlay/ Sign costs are assessable for Public Facility Lots 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 63 feet. Therefore, the amount assessed must be adjusted to reflect this difference. The improvement and assessment rate for the Public Facility Lots properties is computed as follows: % Public Facility Lots = 310 F.F. / 4,082 Total F.F. = 7.6% $167,518.33 (Mill & Overlay / Sign Costs) x 7.6% x 75% x 32 / 63 = $4,850.05 $4,850.05 310 Front Feet = $15.65/ Front Commercial/ Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Mill & Overlay/ Sign costs are assessable for Commercial/ Industrial Lots properties. The improvement and assessment rate for the Commercial/ Industrial Lots properties is computed as follows: % Commercial/ Industrial Lots = 1,277 F.F. / 4,082 Total F.F. = 31.3% $167,518.33 (Mill & Overlay / Sign Costs) x 31.3% = $52,433.24 $52,433.24 16.62 Net Acres = $3,154.83/ Net ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties and 10 years for non- residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Mill & Overlay / Sign Curb & Gutter Rep/ Trail Overlay CITY FUND RESPONSIBILITY Major Street Fund: $190,518.39 John Gor, r, P.E. Reviewed /45(144, IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY $167,518.33 $67,580.41 $99,937.92 $90,580.47 $ -0- $90,580.47 $258,098.80 $67,580.41 $190,518.39 Public Works Department r` Finance Department 10 4/2 Date Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant I Final Assessment Roll City Project 1078 Johnny Cake Ridge Road North Marina Lane R -3 Residential P.I.N. Lot Unit Total 1606 Marina Lane 10- 16950 -01 -010 1 $190.66 $190.66 1610 Marina Lane 10- 16950 -01 -020 1 $190.66 $190.66 1614 Marina Lane 10- 16950 -01 -030 1 $190.66 $190.66 1618 Marina Lane 10- 16950 -01 -040 1 $190.66 $190.66 1622 Marina Lane 10- 16950 -01 -050 1 $190.66 $190.66 1626 Marina Lane 10- 16950 -01 -060 1 $190.66 $190.66 1630 Marina Lane 10- 16950 -01 -070 1 $190.66 $190.66 1634 Marina Lane 10- 16950 -01 -080 1 $190.66 $190.66 1638 Marina Lane 10- 16950 -01 -090 1 $190.66 $190.66 1642 Marina Lane 10- 16950 -01 -100 1 $190.66 _ $190.66 1646 Marina Lane 10- 16950 -01 -110 1 $190.66 $190.66 1650 Marina Lane 10- 16950 -01 -120 1 $190.66 $190.66 1654 Marina Lane 10- 16950 -01 -130 1 $190.66 $190.66 1658 Marina Lane 10- 16950 -01 -140 1 $190.66 $190.66 1662 Marina Lane 10- 16950 -01 -150 1 $190.66 $190.66 1666 Marina Lane 10- 16950 -01 -160 1 $190.66 $190.66 1670 Marina Lane 10- 16950 -01 -170 1 $190.66 $190.66 1609 Marina Lane 10- 16950 -02 -070 1 $190.66 $190.66 1613 Marina Lane 10- 16950 -02 -060 1 $190.66 $190.66 1617 Marina Lane 10- 16950 -02 -050 1 $190.66 $190.66 1657 Marina Lane 10- 16950 -02 -040 1 $190.66 $190.66 1661 Marina Lane 10- 16950 -02 -030 1 $190.66 _ $190.66 1665 Marina Lane 10- 16950 -02 -020 1 $190.66 $190.66 1669 Marina Lane 10- 16950 -02 -010 1 $190.66 $190.66 Subtotals 24 $4,575.84 _ Summit Hill R -3 Residential P.I.N. Lot Unit Total 1600 Summit Hill 10- 72970 -01 -010 1 $190.66 $190.66 1604 Summit Hill 10- 72970 -01 -020 1 $190.66 $190.66 1602 Summit Hill 10- 72970 -01 -030 1 $190.66 $190.66 1606 Summit Hill 10- 72970 -01 -040 1 $190.66 $190.66 1608 Summit Hill 10- 72970 -01 -050 1 $190.66 $190.66 1612 Summit Hill 10- 72970 -01 -060 1 $190.66 $190.66 1610 Summit Hill 10- 72970 -01 -070 1 $190.66 $190.66 1614 Summit Hill 10- 72970 -01 -080 1 $190.66 $190.66 1607 Summit Hill 10- 72970 -01 -090 1 $190.66 _ $190.66 1609 Summit Hill 10- 72970 -01 -100 1 $190.66 $190.66 1611 Summit Hill 10- 72970 -01 -110 1 $190.66 $190.66 1613 Summit Hill 10- 72970 -01 -120 1 $190.66 $190.66 1615 Summit Hill 10- 72970 -01 -130 1 $190.66 $190.66 1617 Summit Hill 10- 72970 -01 -140 1 $190.66 $190.66 1619 Summit Hill 10- 72970 -01 -150 1 $190.66 $190.66 Final Assessment Roll City Project 1078 Johnny Cake Ridge Road North Summit Hill (continued) R -3 Residential P.I.N. Lot Unit Total 1621 Summit Hill 10- 72970 -01 -160 1 $190.66 $190.66 1623 Summit Hill 10- 72970 -01 -170 1 $190.66 $190.66 1625 Summit Hill 10- 72970 -01 -180 1 $190.66 $190.66 1627 Summit Hill 10- 72970 -01 -190 1 $190.66 $190.66 1629 Summit Hill 10- 72970 -01 -200 1 $190.66 $190.66 1631 Summit Hill 10- 72970 -01 -210 1 $190.66 $190.66 1632 Summit Hill 10- 72970 -01 -220 1 $190.66 $190.66 1630 Summit Hill 10- 72970 -01 -230 1 $190.66 $190.66 1626 Summit Hill 10- 72970 -01 -240 1 $190.66 $190.66 1624 Summit Hill 10- 72970 -01 -250 1 $190.66 $190.66 1628 Summit Hill 10- 72970 -01 -260 1 $190.66 $190.66 1622 Summit Hill 10- 72970 -01 -270 1 $190.66 $190.66 1616 Summit Hill 10- 72970 -01 -280 1 $190.66 $190.66 1620 Summit Hill 10- 72970 -01 -290 1 $190.66 $190.66 1618 Summit Hill 10- 72970 -01 -300 1 $190.66 $190.66 Subtotals 30 $5,719.80 TOTAL TH LOT ASSESSMENTS 54 $10,295.64 Johnny Cake Ridge Road Public Facility P.I.N. Front Foot Rate /F.F. Total 4350 Johnny Cake Ridge Road 10- 84450 -01 -010 310 $15.65 $4,851.50 4245 Johnny Cake Ridge Rd Subtotals 310 $3,154.83 $4,851.50 Johnny Cake Ridge Road Commercial /Industrial P.I.N. Net Acreage* Rate/ Net Acre Street Assessment 4241 Johnny Cake Ridge Rd 10- 20500 -01 -010 1.78 $3,154.83 $5,615.60 4245 Johnny Cake Ridge Rd 10- 20500 -01 -020 1.15 $3,154.83 $3,628.05 4249 Johnny Cake Ridge Rd 10- 20500 -01 -030 2.56 $3,154.83 $8,076.36 1642 Diffley Road 10- 20500 -01 -070 1.07 $3,154.83 $3,375.67 1646 Diffley Road 10- 20500 -01 -040 3.70 $3,154.83 $11,672.87 1650 Diffley Road 10- 20500 -01 -060 1.49 $3,154.83 $4,700.70 1654 Diffley Road 10- 20500 -01 -050 2.33 $3,154.83 $7,350.75 1625 Lena Court 10- 16951 -01 -020 0.98 $3,154.83 $3,091.73 1629 Lena Court 10- 16951 -01 -010 1.56 $3,154.83 $4,921.53 Subtotals 16.62 $52,433.27 , * Public easement credits for 1646 Diffley Road (5.1 acres minus 1.4 acres) and 1629 Lena Court (2.13 acres minus 0.57 acre) TOTAL $67,580.41 Residential Frontage Commercial /Industrial Frontage Public Frontage Non - Assessable Total 990 1277 310 1505 4082 24.2% 31.3% 7.6% 36.9% 100.0% 1 a s ,may 1r -'t VII. a 1111.11.11aNi Min MI MS NM WI MI IR -1111 'NM 1111 Si MI lig .11111 all MI MN 1650 i;..da� 164412'''''''" < �. 14241 ai r 1.07 Ac. x.1,78 "Ac 1.49 Ac 11 i 1,,3.. 1-3= 1654 112.33 Ac 1 4241 1.15Ac. Marina `V' 1600 �aa 1611" 1615: gate, La ummit Hill (Private) LEGEND Street Improvement Assessable Area Clemson Dr. It of 110111 Johnny Cake Ridge Road - North Street Revitalization - Project 1078 Street Improvement Area G:1Projects and Contracts\ 2012 Street Reconstructiomt Project 10781 Fig 2.mxd FIG.2 Q Date: 10/02/2011 Agenda Information Memo October 16, 2012 Eagan City Council Meeting PUBLIC HEARINGS H. PROJECT 1079, DENMARK AVENUE/ CLUBVIEW DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1079 (Denmark Avenue /Clubview Drive — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1079 provided for the 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. • The Final Assessment Roll was presented to the City Council on September 19, 2012, with a public hearing scheduled for October 16, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 19% less than 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 informing them of this public hearing. An informational meeting was held on October 8 to address all property owners' questions or concerns and provide any additional information of interest. Of the 5 commercial /industrial lots being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages cgg through V2 . FINAL ASSESSMENT REPORT Number: Name: PROJECT PUBLIC HEARING DATES 1079 Assessment: October 16, 2012 Denmark Avenue/ Clubview Drive Project Approval: December 20, 2011 STREET Surf. /Signs - Direct Access STREET Driveway - CI Final Rate Feasibility Report $2,518.31 $2,880.00 $78.00 $93.00 Units Net Acre SY Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 12 -01 5 10 yrs 3.5% $ 76,249.35 $ (19,350.65) $ 60,483.95 $ (5,916.05) $ 95,600.00 FR -20.2% $ 66,400.00 FR -8.9% gg 4,1'6 City of Eaftall Memo To: Mayor and City Council From: John Gorder, City Engineer Date: October 10, 2012 Subject: Final Assessment Roll, Project 1079 Denmark Avenue/ Clubview Drive At the public hearing on December 20, 2011, the City Council ordered Project 1079. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, signage, concrete entrance repair, and concrete curb & gutter repair for the Denmark Avenue/ Clubview Drive project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the mill & overlay/ signage and concrete entrance repair 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 1079. PROJECT COST The total construction cost for this project is $98,099.45. This includes $96,856.01 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,243.44. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration and other totaling $38,633.85 were incurred, resulting in a total improvement and project cost of $136,733.30. 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 $70,286.32 $27,680.39 $97,966.71 $112,200.00 Concrete Entrance $6,067.08 $2,389.36 $8,456.44 $18,000.00 Concrete Curb & Gutter Repair $21,746.05 $8,564.10 $30,310.15 $31,800.00 $98,099.45 $38,633.85 $136,733.30 $162,000.00 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 ITEM UNIT QTY PRICE COST MOBILIZATION LS 1.00 $ 4,212.50 $ 4,212.50 MILL BITUMINOUS PAVEMENT (0" - 1 -1/4" DEPTH) SY 3,374.00 $ 2.25 7,591.50 BITUMINOUS MATERIAL FOR TACK COAT GAL 550.00 $ 3.00 1,650.00 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 839.00 $ 44.00 39,916.00 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (Patch) TON 40.91 $ 100.00 4,091.00 ADJUST GATE VALVE BOX EA 12.00 $ 100.00 1,200.00 REMOVE BITUMINOUS PAVEMENT SY 74.00 $ 5.25 388.50 REPAIR GATE VALVE TOP SECTION W/ COVER EA 7.00 $ 145.00 1,015.00 Mill & Overlay (continued) ITEM UNIT QTY PRICE COST ADJUST FRAME & RING CASTING EA 16.00 $ 375.00 $ 6,000.00 REMOVE & REPLACE FRAME & RING CASTING (27 ") EA 1.00 $ 650.00 650.00 CONCRETE CURB & GUTTER DESIGN B 618 LF 128.00 $ 14.50 1,856.00 TRAFFIC CONTROL LS 1.00 $ 1,975.00 1,975.00 PAVEMENT MESSAGE (LT ARROW) EPDXY EA 2.00 $ 100.00 200.00 4" SOLID WHITE LINE EPDXY LF 157.00 $ 0.21 32.97 24" SOLID LINE YELLOW LINE EPDXY LF 45.00 $ 5.25 236.25 4" DOUBLE SOLID YELLOW LINE EPDXY LF 2,133.00 $ 0.42 895.86 24" SOLID LINE WHITE LINE EPDXY LF 21.00 $ 6.30 132.30 TRAFFIC / STREET SIGNS LS 1.00 $ 1,243.44 1,243.44 Subtotal $ 70,286.32 Other costs $ 27,680.39 Total $ 97,966.71 Concrete Entrance Repair ITEM UNIT QTY PRICE COST REMOVE BITUMINOUS PAVEMENT SY 103.00 $ 5.25 $ 540.75 REMOVE CONCRETE VALLEY GUTTER SY 3.50 $ 15.00 52.50 REPAIR CONCRETE DRIVEWAY PAVEMENT - HIGH EARLY SY 108.70 $ 48.40 5,261.08 COMMON EXCAVATION CY 8.51 $ 25.00 212.75 Subtotal $ 6,067.08 Other costs $ 2,389.36 Total $ 8,456.44 Commercial/ Industrial Lot Improvements: The City's Assessment Policy states that 100% of the Mill & Overlay/ Signage costs are assessable for Commercial/ Industrial Lot properties. The improvement and assessment rate for the Commercial/ Industrial Lot properties is computed as follows: % Commercial/ Industrial Lots = 3,255 F.F. / 4,706 F.F. = 69.2% $97,966.71 (Mill & Overlay/ Signage Cost) x 69.2% = $67,792.96 $67,792.96 = $2,518.311 Net Acre 26.92 Net Acres Commercial/ Industrial - Concrete Entrance Apron Replacement Assessment costs will be allocated to benefitting properties based on the individual entrance replacement/ repair costs for each commercial/ industrial property (4 total). The proposed assessment for each property for concrete entrance replacements, per actual cost of driveway repaired, approximately $78 per square yard is proposed as follows: Address Amount 3000 Denmark Avenue $ 1,496.43 3010 Denmark Avenue $ 1,496.43 3015 Denmark Avenue $ 2,793.50 3020 Denmark Avenue $ 2,670.08 Total $ 8,456.44 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. CtO CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY Mill & Overlay/ Signage $97,966.71 $67,792.91 $30,173.80 Concrete Entrance Replacement $8,456.44 $8,456.44 $ -0- Concrete Curb & Gutter Repair $30,310.15 $ -0- $30,310.15 $136,733.30 $76,249.35 $60,483.95 CITY FUND RESPONSIBILITY Major Street Fund: $60,483.95 John H.rder, P.E. Reviewed Public Works Department I 12 --t..L Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attorney Alexandra O'Leary, Accountant I Finance Department l/2 Date Final Assessment Roll City Project 1079 Denmark Ave /Clubview Drive Denmark Ave Total Assessment 0o of c-I c--I N N t-I m ci Ln W d- lO m 4 O) 4 0 c-1 (. Lo m Lri N •r Lf� 4. Q1 c-1 O) 01 Ln c-I in M C1 et N lO n Concrete Entrance Assessment o Ln m rn N N t/} ' t/} m d. rn d. c-I t/} m d- al d' c I u oo o o r LO N t4 $ 8,456.44 Street Assessment 00 d' 00 c-1 ct of t/} m c-I to W d' co m c-1 Ln 00 O W d" t/} m O1 00 - o rn m m t/} LO 00 c-1 N m c-I t/)- x-I C1 N C1 t ; N. l0 if)- Rate/ Net Acre $ 2,518.31 c-I Cr) 00 c-I N $ 2,518.31 c-I CO 00 c-I L.r) N c-1 m 00 c-I L11 N Net Acreage* d- r- m 14.48 m CO c-I 1.58 rn N Ln N N lD Z . 10- 22513 -01 -010 10- 22508 -01 -030 10- 22524 -01 -020 10- 22524 -01 -010 10- 22514 -01 -010 rn (0 o 7 N Commercial /Industrial 3015 DENMARK AVE 3035 DENMARK AVE 3000 DENMARK AVE 3010 DENMARK AVE I 3020 DENMARK AVE TOTAL ASSESSMENT *Easement Area credits for 3020 Denmark Avenue (6.23 acres minus 0.94 acre) and 3035 Denmark Avenue (Sams Club, 15.01 acres minus 0.53 acre). �CX Non - Assessable Properties 0) 0) L 4-, O L LL US Postal Service Properties (Retail & Bulk Mail) I J ) m ci d' c-i O N -o .0 o) E E O U Non - Assessable (USPS Property) NORTH 4 r 0 81 ir 3035_} 114.48 Net Ac Lem 9.11 mm. €J SAM'S CLUB 0 z W J tap G1 ", USPS Retail Center Non - Assessable' I USPS Bulk Mail Facility. Non - Assessable City of Eaftall Engineering Department • • • • ASSESSABLE AREA Eammimmi STREET IMPROVEMENTS 10/18/2011 Denmark Ave. / Clubview Dr. Street Revitalization - Project 1079 Street Improvement Area Fig. 2 Agenda Information Memo October 16, 2012, Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 10.12, ADDING SUBDIVISION 4 RELATIVE TO HARBORING OF CHICKENS AND A RESOLUTION ADOPTING A CHICKEN PERMIT FEE ACTIONS TO BE CONSIDERED: • To approve an Ordinance Amendment to City Code Chapter 10.12 relative to harboring of chickens and direct the City Attorney to publish the ordinance amendment summary. • To approve a Resolution adopting a fee for chicken permits. FACTS: ➢ At the June 5, 2012 Listening Session, the City Council received a request from a group of citizens to consider an ordinance amendment to allow backyard chickens. City Code currently allows chickens only on properties of at least 5 acres zoned agricultural. ➢ Per the direction of the City Council at the September 11, 2012 Special City Council meeting, the City Attorney drafted an ordinance amendment to allow harboring chickens on residential properties. ➢ Per the direction of the City Council, the proposed Resolution sets a $50.00 annual fee for a chicken permit, which is the same fee currently charged for a carrier pigeon permit. ➢ During the preparation of the ordinance amendment, the City Attorney discovered additional public policy questions for Council consideration, which are outlined below. ➢ If the Council approves the proposed ordinance amendment, it goes into effect upon its publication on October 26, 2012. Public Policy Considerations In drafting the ordinance, the following issues were identified as not having specific Council direction or discussion at the September 11 meeting. Without specific direction, the City Attorney's office and staff sought to ensure that the amendment would be consistent with other areas of City Code. The issues are being called out should the Council wish to make any changes to the amendment being proposed: ➢ The proposed ordinance amendment allows chickens only on the properties of single - family dwellings. Thus, chickens would not be allowed on other types of residential properties (twinhomes, townhomes and apartments). o4 ➢ The Council directed the ordinance amendment require the coop design be "reasonably consistent with the design of the primary dwelling." In drafting the ordinance amendment, the City Attorney addressed the Council's concern about unsightly coops by requiring the exterior finish be resistant to weather and decay. If the structure is larger than 120 square feet, the accessory structure regulations require finish materials similar and compatible to those on the dwelling. ➢ At the suggestion of the City Attorney, the proposed ordinance amendment does not allow chicken coops in front yards. This is different than the 30 -foot front yard setback directed by Council, but it keeps the chicken coop setbacks consistent with other accessory structure regulations. Additionally, the City Attorney recommended 10 -foot side and rear lot line setbacks in the Estate zoning district to maintain consistency with the accessory structure setback in that district. ➢ At the Special City Council meeting, the Council directed that chickens be allowed to roam a fenced yard and that an additional run not be required. After further research, staff determined it is standard for the coop to have an attached, fully enclosed run. The attached runs ensure chickens have an area protected from predators and a place to exercise in the winter, when snowfall makes it difficult to roam a yard. The proposed ordinance amendment requires a coop and run, which are attached and considered one structure. The amendment still allows chickens to roam a fenced yard. ➢ At the suggestion of the City Attorney, the proposed ordinance amendment requires that eggs collected on residential properties be used for personal consumption. The eggs shall not be offered for sale. ATTACHMENTS (3): The proposed ordinance amendment and summary ordinance is attached on pages C1(p to ∎D a . The Resolution adopting a chicken permit fee is attached on page 03 . Comments received from residents after the September 11, 2012 Special City Council meeting are attached on pages tO' to t0(19 . ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY ADDING SECTION 10.12, SUBDIVISION 8, REGARDING THE HARBORING OF CHICKENS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by adding Section 10.12, Subdivision 8, to read as follows: Subd. 8. Harboring & keeping of chickens. A. Definitions. As used in this subdivision, the following definitions shall apply: 1. Chicken means a fowl of the genus Gallus and species Gallus domesticus that is commonly referred to as domesticated fowl 2. Chicken coop means any structure used for the housing of chickens. 3. Chicken run means a fenced outdoor area for the keeping and exercising of chickens. 4. Rooster means a male chicken. B. Chicken permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any chicken within the City, except: (1) in an area zoned as agricultural; or (2) pursuant to a permit issued by the City under this subdivision on a parcel of record zoned for single family detached dwelling. C. Permit application and permit fees. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. The permit fee, which shall be paid and filed with the permit application, shall be in an amount established by city council resolution. A permit issued hereunder shall be for duration of one year from its date of issuance. An application for permit renewal shall be filed 60 days prior to the expiration of the current permit. The permit application shall include, but not be limited to, the following: 1. The full name and address of the following persons: (a) The applicant signed thereto; and (b) The owner(s) of the premises on which chickens are sought to be kept and for which the permit would apply; 2. The street address of the premises on which chickens are sought to be kept; 3. The number of chickens to be kept on the premises; 4. A detailed sketch plan of the premises on which chickens are sought to be kept, including the location, the dimensions and design of the coop and run, establishing compliance with the chicken coop and run specifications provided in this subdivision; 5. A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of chickens on the property for which the application is sought; 6. If the applicant is not the fee owner of the premises on which the chickens are sought to be kept and for which the permit would apply, the application shall be signed by all fee owners of the premises. 7. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The city clerk may grant an initial or renewal permit under this subdivision; however, a permit may not be issued or renewed unless the application filed demonstrates compliance with the requirements of this subdivision. A permit shall not be issued or renewed until the animal control officer inspects and approves the premises, including the chicken coop and run, at which chickens are sought to be kept. The city clerk shall deny a permit hereunder for any of the following reasons: 1. The application is incomplete or contains false, fraudulent or deceptive statements. 2. The applicant does not or has not complied with one or more of the provisions of this subdivision. 3. The premises for which the permit is sought, including, but not limited to, the proposed or existing chicken coop or run, is not in compliance with any .rovisions of this subdivision other cit code •rovisions or state laws relating to zoning, health, fire, building or safety. 4. The proposed chicken coop would result in a violation of or be inconsistent with the accessory structure zoning regulations elsewhere in this Code. 5. The applicant or owner of the premises where the chickens are to be kept has been convicted of a violation under this subdivision. 6. The applicant is not the owner of the chickens proposed to be kept on the premises. 7. The applicant is not the occupant of the premises for which the permit is sought to be issued. E. Conditions of permit. A permit granted under this subdivision shall be subject to the following conditions: 1. Ownership. The owner of the chickens must occupy the premises for which the permit is issued. 2. Inspection. The premises, including the coop and run thereon, for which a permit is issued shall at all reasonable times be open to inspection by the animal control officer or any other city official to determine compliance with this subdivision, other city code provisions and state laws relating to zoning, health, fire, building or safety. 3. Transferability of permit. A permit issued hereunder shall be nontransferable. It is unlawful to keep, harbor, maintain, possess, or otherwise control any chicken on property that is not identified on the permit. 4. Specifications for feeding chickens. All feed for the chickens shall be stored in water -tight and vermin -proof containers. 5. Specifications of chicken coop and run. A chicken coop and run are required. The construction and location of the chicken coop and run shall be in compliance with the applicable building and zoning regulations of the city and the following requirements: (a) The interior floor space of the chicken coop shall be a minimum size of two (2) square feet for each chicken authorized under the permit. (b) The exterior finish materials of the chicken coop shall be: (i) weather - resistant, protective covering material, decay- resistant wood, or if exterior finish wood is not decay resistant, then the wood finish shall be protected from the elements and decay by paint or protective covering (e.g. siding, fascia wrap); and (ii) in accordance with the accessory structure regulations set forth in the zoning regulations in this Code. (c) The construction of and materials used for the chicken coop and run must be adequate to prevent access by rodents. G,g (d) The chicken run shall be attached to the chicken coop. The chicken coop and run shall be deemed as a single structure and subject to the accessory structure regulations set forth in the zoning regulations of this Code. (e) The floor area of the chicken run shall be a minimum size of five (5) square feet for each chicken authorized under the permit. (f) (g) The chicken run shall be fully enclosed by fencing or other similar material. No chicken coop or run, or any portion thereof, shall be within 25 feet of the outer perimeter of any inhabitable building. (h) The chicken coop and run shall be setback at least 10 feet from the rear lot line and at least 5 feet from the side lot lines. On properties zoned Estate, the coop and run shall be setback at least 10 feet from the rear and side lot lines. The chicken coop and run, or any portion thereof, shall not be located in the front yard, which is defined as any area located between the front lot line and the front setback line or front building line, whichever is further from the front lot line, running from side lot line to side lot line. (i) The chicken coop and run shall be kept in good repair as to be in compliance with the property maintenance regulations elsewhere in this Code. (j) The chicken coop and run shall be kept in a sanitary and odor -free condition, including the regular and frequent removal and proper disposal of any accumulated chicken feces or waste, dirt or filth that could create a safety or health hazard. (k) The chicken coop and run shall be immediately removed if a permit granted under this subdivision expires or is revoked. 6. Regulations. The keeping, harboring, maintaining, or possessing of any chicken under a permit issued pursuant to this subdivision shall be in accordance with the following: (a) No more than five (5) chickens shall be kept or harbored on the premises to which the permit applies. (b) Roosters are prohibited. (c) Slaughtering of chickens on the premises to which the permit applies is prohibited. (d) No chickens shall be kept, maintained, housed or permitted inside any residential dwelling or any garage. (e) No chicken shall be permitted to run at large. The term "run at large" is defined as any chicken freely roaming in any area not on the premises to which the permit applies. The chicken shall be deemed to be permitted to run at large when the premises to which the permit applies is not securely enclosed by a proper boundary fence as to prevent a chicken from leaving the premises. (f) (g) If the chickens are not contained at all times to the coop and run and allowed to freely roam within the yard, the property shall be enclosed by a fence in accordance with the fence regulations set forth in the zoning regulations of this Code and which by material and design prevents a chicken from leaving the premises. Chickens shall not be kept in such a manner as to constitute a public nuisance. Any violation of the provisions of this subdivision shall be deemed a public nuisance. (h) No chicken eggs shall be sold or offered for sale; all chicken eggs shall be for personal use or consumption. 7. Revocation of permit. A violation of any provision of this subdivision or any provisions of the permit issued hereunder shall constitute grounds for revocation of a permit. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation ' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 00 ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on , 2012. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.12, SUBD. 8, REGARDING THE KEEPING OF CHICKENS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. Eagan City Code Section 10.12 has been modified to add Subdivision 8 regulating the keeping of chickens in areas zoned as "E", "R-1", "R-1S", and "R -2" districts. The section sets forth the regulations concerning permit application requirements and fees; granting, denial and revocation of permits; conditions of permit; specifications of construction and location of chicken coops; as well as limitations on the number of chickens and condition of the premises on which chickens are to be kept. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. o RESOLUTION NO. CITY OF EAGAN APPROVING AMENDMENT TO THE 2012 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: • Chicken Permit Fee: $50.00 Motion by: Seconded by: Those in favor: Those against: Date: October 16, 2012 Certification CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 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 16th day of October, 2012. Christina M. Scipioni, City Clerk 'o Chicken Ordinance Feedback Date Resident name Feedback Sept. 12, 2012 Kim Bernard See email Sept. 16, 2012 Richard Goetz Read about the ordinance amendment in Sun Thisweek and is not in support of it. He doesn't want to hear roosters crowing in the morning, which will cause his dogs to bark. Sept. 18, 2012 Barb Stripsky In support of the ordinance amendment. Thinks the coops should be aesthetically pleasing, but not required to match house siding. Sept. 24, 2012 Natalie Kemp In support allowing backyard chickens. She would like to have a few chickens in her backyard. OL Christina Scipioni From: Kimberly [kimberlykayb @gmail.com] Sent: Wednesday, September 12, 2012 9:26 AM To: Christina Scipioni Subject: Chicken Ordinance Hi Christina, Thank you again for your efforts and information regarding the petitioning process. You were consistently kind and helpful and that was very much appreciated. I had a couple of questions regarding the session yesterday and wondered if you could tell me how I can get this information to the Mayor and Council Members. 1. Permit fee While we understand where the $50 amount came from (pigeon ordinance), but as chickens are far less destructive on the environment and neighborhood (as we all know by now there is a strong environmental benefit), we respectfully request the Mayor and Council Members reconsider the annual fee, and perhaps make it a $50 initial permit application fee, with a yearly renewal fee of $15 for anyone with no complaints or violations. Many cities, this particular renewal fee amount coming from St. Paul's permit process for chickens, have either a much lower initial cost, or a higher initial cost with lower renewal fees. If you poll other cities with chicken permit fees, pretty much across the board they are lower than the amount suggested last night. 2. Aesthetics Again, fully understanding the concern about chicken 'flophouses' we also respectfully request the council reconsider the requirement of 'matching the house exterior and design'. Many people purchase pre -built (and attractive) coops but some of the best of them look nothing like a residential house. For a good example, click here: http: / /www.omlet.us/ Perhaps the ordinance wording could be done so it ensures the coop is a stable, safe and clean environment. Something along those lines should ensure a lack of offensiveness to neighbors, but the one thing I found in our exhaustive research is that people who do this (and do it legally) WANT attractive, safe and clean coops. A lot of effort goes into the design and choosing of the coop. I discussed at length with the St Paul animal control officer what his experiences were with coops. He stated he rarely came across the 'eyesore' type of coop. But to have the coop look like the homeowner's home would incur a HUGE expense and honestly, is simply not feasible for housing backyard chickens. 3. Information Packet Available with Permit Application We would be happy to help put together an informational packet to hand out with the permit application. Through our research we have learned a lot and can make something simple and easy to understand for those who may be first time chicken owners. We can include information on free classes, where to purchased gender - determined chickens (there is only one place who actually guarantees this), what chickens are winter - hearty, and coop pros and cons. If the city wants to put this together, I would strongly suggest that www.mypetchicken.com is recommended as they have comprehensive information on how to choose breeds, and coops and are also the only place you can get the sexed - chicks. EggPlant Urban Farm Supply Store in St. Paul holds regular and typically free classes on raising backyard chickens as well as gardening, etc. Harvest Moon Backyard Farmers, a local company, actually recommended by the GreenStep program http: / /harvestmoonfarmers .blogspot.com/ is another excellent reference. �Q� 4. In the LaPrairie ordinance I noted in our presentation packet, they had a very good coop reference guide. You might want to check that out and include it with the permit application as well. That's all I can think of for now. It was very encouraging to see the process yesterday and the forward thinking and common sense shown by the Mayor and Council. Thank you again for all you have done. I was quite proud of our Eagan City Government yesterday! And no one took offense at the "fowl language puns" ...yes, it's a serious issue, but it's impossible to discuss it without a pun or two - -after all, chickens are some of the funniest animals on the planet- -we'd be doing them a disservice if we didn't have a sense of humor about it! Feel free to forward this on to the Mayor and Council Members if you think it would be appropriate. Best Regards, Kim Bernard Gnu AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 16, 2012 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. RESOLUTION regarding Department of Employment and Economic Development (DEED) Contamination Cleanup Grant for Cedar Grove Redevelopment Area 2. RESOLUTION regarding Metropolitan Council Tax Base Revitalization Account Contamination Cleanup Grant for Cedar Grove Redevelopment Area F. OTHER BUSINESS G. ADJOURN o9 Agenda Information Memo Eagan Economic Development Authority Meeting October 16, 2012 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the October 2, 2012 EDA meeting are enclosed on pages lct through 110 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 2, 2012 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 2, 2012 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It is recommended to approve the minutes of August 21, 2012 EDA meeting as presented. There were no Old Business items. OLD BUSINESS NEW BUSINESS AUTHORIZE DAKOTA COUNTY CDA TO PROCEED WITH DEMOLITION OF BUILDING AT 3880 SIBLEY MEMOIRAL HIGHWAY Community Development Director Hohenstein noted the EDA acquired a number of properties throughout the Cedar Grove Redevelopment District with the expectation to be demolished. All buildings but the former credit union have been removed. The recession forced the EDA to approach the district's prospects as a series of smaller, related projects instead of a comprehensive one driven by a master developer. The demolition of the credit union was put on hold to preserve the potential for a private user to acquire the structure and remodel it for a daytime use that could share and complement parking with Jensen's Supper Club's nighttime use. In preparation of the Paragon development application, staff asked the developer's engineer to consider the most efficient alignment of Rahn Road. They concluded that the road should be straightened as much as possible to square off the sides and staff concurs. Engineering is planning to construct /reconstruct Rahn Road in 2013 concurrent with the Paragon project development. While it is the preferred road alignment, it reduces the usable area of the former credit union site for a stand alone function. Doron Jensen wrote to the EDA expressing his interest in buying the credit union site for the expansion of the parking areas in front of the Supper Club's front entrance on the west side of the building. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Commissioner Tilley moved, Commissioner Hansen seconded a motion to authorize the Dakota County CDA to proceed with demolition of building at 3880 Sibley Memorial Highway. Aye: 5 Nay: 0 There were no Other Business items. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye:5 Nay:0 Date Thomas Hedges, Executive Director G �� Agenda Information Memo October 16, 2012 Eagan EDA Meeting E. NEW BUSINESS 1. RESOLUTIONS AUTHORIZING DEED CONTAMINATION CLEANUP GRANT APPLICATION FOR PORTIONS OF CEDAR GROVE REDEVELOPMENT AREA ACTION TO BE CONSIDERED: To Adopt Resolutions authorizing a Department of Employment and Economic Development (DEED) Contamination Cleanup Grant Application for portions of the Cedar Grove Redevelopment District. FACTS: ➢ The Contamination Cleanup Grant program was established by the 1993 legislature and Minn. Stat. §§ 116J.551 - 116J.558 gives the Minnesota Department of Employment and Economic Development (DEED) authority to award grants to clean contaminated sites to allow for redevelopment. ➢ The purpose of the Contamination Cleanup Grant Program is to reduce the potential threat to public health and the environment, create new jobs, increase the tax base, and provide other public benefits by redeveloping polluted and unproductive sites. • The Contamination Cleanup Grant can pay up to 75% of the cost of cleaning contamination defined under the Minnesota Superfund law (Minn. Stat. § 115B.02), as well as petroleum contamination. ➢ It is required that the applicant pay for 25 percent of the project costs as a local match to obtain a cleanup grant. Of this local match, the applicant must pay an amount equal to 12 percent of the cleanup costs from the municipality's general fund, a property tax levy or other unrestricted money available to the municipality. ➢ The intent of this grant application is to request funding to assist with identified and potential environmental cleanup within the Cedar Grove Redevelopment Area, specifically cleanup costs related to property being considered for sale to Paragon Outlet Centers and corresponding EDA development of a shared parking structure. ➢ Grant requests are due November 1, 2012 and require a completed Response Action Plan (RAP) for the requested area to be reviewed by the Minnesota Pollution Control Agency (MPCA). ➢ The City of Eagan has contracted with Braun Intertec to coordinate environmental investigation and determine necessary remediation in the Cedar Grove Redevelopment Area. In response to pending development, Braun Intertec has completed a draft Response Action Plan and Construction Contingency Plan that is currently being reviewed by the MPCA and should be ready by November 1. ➢ DEED requires a specific resolution be adopted by the applicant city authorizing the application and execution of agreements to implement grant funding. A separate resolution approved by the City Council acting concurrently under this action authorizes the use of matching funds. ATTACHMENTS: (2) • EDA Resolution authorizing DEED application, page \k3 . 1 • City Council Resolution authorizing grant matching funds, page 111-1 . EAGAN ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. DEED CONTAMINATION CLEANUP GRANT APPLICATION BE IT RESOLVED that the Eagan Economic Development Authority (the "EDA ") act as the legal sponsor for project(s) contained in the Contamination Cleanup Grant Program to be submitted on November 1, 2012 and that the EDA President is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the EDA. BE IT FURTHER RESOLVED that the EDA has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the EDA has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the EDA may enter into an agreement with the State of Minnesota for the above referenced project(s), and that the EDA certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that the EDA President and the Executive Director are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the Eagan Economic Development Authority on October 16, 2012. SIGNED: WITNESSED: President (Title) Date Executive Director Date (Date) 1,1,3 (Title) (Date) RESOLUTION AUTHORIZING MATCHING FUNDS TO DEED CONTAMINATION CLEANUP GRANT CITY OF EAGAN WHEREAS, the Department of Employment and Economic Development (DEED) is accepting application for contamination cleanup grant funds by November 1, 2012. WHEREAS, under concurrent authorization, the Eagan Economic Development Authority is authorizing application for these grant funds for environmental cleanup of portions of the Cedar Grove Redevelopment Area. WHEREAS, DEED requires a matching fund for grant proceeds to equal 25% from the applicant, with 12% required to be from general or unrestricted funds. NOW THEREFORE BE IT RESOLVED that the City of Eagan authorizes that the sources and amounts of the local match identified in the application are committed to the project. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Tom Hedges, City Administrator, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 16th day of October, 2012. Mike Maguire, Mayor Tom Hedges, City Administrator Agenda Information Memo October 16, 2012 Eagan EDA Meeting 2. RESOLUTION AUTHORIZING METROPOLITAN COUNCIL TAX BASE REVITALIZATION CONTAMINATION CLEANUP GRANT APPLICATION FOR PORTIONS OF CEDAR GROVE REDEVELOPMENT AREA ACTION TO BE CONSIDERED: To Adopt a Resolution authorizing a Metropolitan Council Tax Base Revitalization Account Contamination Cleanup Grant Application for portions of the Cedar Grove Redevelopment District. FACTS: > The Metropolitan Livable Communities Act (MN Statutes Chapter 473.252) created the Tax Base Revitalization Account (TBRA) and provides funds to investigate and clean up polluted land in areas that have lost commercial /industrial activity to make them available for economic redevelopment. > Contamination cleanup grants are intended for applications that have recently completed their cleanup site investigation and are seeking funding to assist with the cost of implementing a cleanup plan and begin redevelopment. > $2.25 million is being made available for this grant round with an application deadline of November 1, 2012 > The intent of this grant application is to request funding to assist with identified and potential environmental cleanup within the Cedar Grove Redevelopment Area, specifically cleanup costs and mitigation related to property being considered for sale to Paragon Outlet Centers and corresponding EDA development of a shared parking structure. > Grant applications require a completed Response Action Plan (RAP) for the requested area to be reviewed by the Minnesota Pollution Control Agency (MPCA). > The City of Eagan has contracted with Braun Intertec to coordinate environmental investigation and determine necessary remediation in the Cedar Grove Redevelopment Area. In response to pending development, Braun Intertec has completed a draft Response Action Plan and Construction Contingency Plan that is currently being reviewed by the MPCA and should be ready by November 1. > The Metropolitan Council requires a specific resolution be adopted by the applicant city authorizing the application and execution of agreements to implement grant funding. ATTACHMENTS: (1) • EDA Resolution authorizing TBRA Grant application, pages 1 4' through `fl . EAGAN ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. TAX BASE REVITALIZATION CONTAMINATION CLEANUP GRANT APPLICATION WHEREAS the Eagan Economic Development Authority (the "EDA "), through the City of Eagan is a participant in the Livable Communities Act's Local Housing Incentives Account Program for 2012 as determined by the Metropolitan Council, and is therefore eligible to make application apply for funds under the Tax Base Revitalization Account; and WHEREAS the EDA has identified a contamination clean -up project within the City that meets the Tax Base Revitalization Account's purpose /s and criteria; and WHEREAS the EDA has the institutional, managerial and financial capability to ensure adequate project and grant administration; and WHEREAS the EDA certifies that it will comply with all applicable laws and regulations as stated in the contract grant agreements; and WHEREAS the EDA finds that the required contamination cleanup will not occur through private or other public investment within the reasonably foreseeable future without Tax Base Revitalization Account grant funding; and WHEREAS the EDA represents that it has undertaken reasonable and good faith efforts to procure funding for the activities for which Livable Communities Act Tax Base Revitalization Account funding is sought but was not able to find or secure from other sources funding that is necessary for cleanup completion and states that this representation is based on the following reasons and supporting facts: WHEREAS the EDA expects to maximize TIF proceeds from redevelopment to reimburse significant acquisition costs. WHEREAS, where possible, the EDA's acquisition process has addressed the costs of environmental remediation, but not all costs could be covered. WHEREAS The EDA has conducted extensive environmental investigation within the redevelopment area and have identified several contamination areas that will require cleanup or vapor mitigation. WHEREAS the EDA has approved a purchase agreement for 29 acres with the redevelopment area that requires the EDA to be responsible for all environmental remediation within the purchase area. BE IT FURTHER RESOLVED that, if the EDA is awarded a Tax Base Revitalization Account grant for this project, the Eagan EDA acknowledges it will be the grantee and agrees to act as legal sponsor administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted on November 1, 2012. I CERTIFY THAT the above resolution was adopted by the Eagan Economic Development Authority on October 16, 2012. SIGNED: WITNESSED: President (Title) Date Executive Director Date (Date) (Title) (Date) Agenda Information Memo Eagan Economic Development Authority Meeting October 16, 2012 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting.