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12/18/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING DECEMBER 18, 2012 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNIZE Gene VanOverbeke, Assistant City Administrator and former Director of Administrative Services, for 31 Years of Service to the City of Eagan B. 2012 Eagan Residential Survey Results IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) ip A. APPROVE MINUTES AB. PERSONNEL ITEMS C. APPROVE Check Registers $ D. APPROVE Eagan Volunteer Fire Relief Association Board Members' Salaries Oq—E. ADOPT a Resolution accepting a $270 donation from Commons on Marice F. APPROVE a Memorandum of Understanding (MOU) between the U.S. Department of Veterans Affairs Police and the Eagan Police Department G. ADOPT a Resolution accepting a $1000 donation from Wal -Mart H. APPROVE the final financing package for the Eagan Fire Safety Center and related improvements I. APPROVE 2013 Enterprise Fund budgets for Public Utilities (Water, Sewer, Street Lighting, Storm Drainage/Water Quality), Cascade Bay, Community Center, and Fiber Infrastructure (AccessEagan) LIaJ J. APPROVE 2013 Special Revenue Fund budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cable TV Franchise Fees Fund, Cedar Grove Special Services District Fund, and E -TV Fund 59 K. APPROVE Professional Services Agreement with Hoisington Koegler Group for Central Area Small Area Study (ogj L. WAIVE adjacent community review /comment period for a Comprehensive Plan Amendment for 3160 and 3170 Sibley Memorial Highway _M. RECEIVE Petition to Vacate Public Drainage & Utility Easement, Lot 3, Block 1 Oaks of Bridgewater 3rd Addition, and Schedule Public Hearing for January 15, 2013 N. APPROVE Amendment to Consulting Engineering Fee Schedule (2013) 95 O. PRESENT Feasibility Report for Project 1029 South Oaks Additions and Schedule Public Hearing (January 15, 2013) P. PRESENT Feasibility Report for 1065 Lexington Way and Schedule Public Hearing (January 15, 2013) Q. PRESENT Feasibility Report for Project 1102 Weston Hills Additions and Schedule Public Hearing (January 15, 2013) �$ R. PRESENT Feasibility Report for Project 1103 Lexington Pointe 8tH -12tH and Schedule Public Hearing (January 15, 2013). 9S. PRESENT Feasibility Report for Project 1110 Wilderness Run 2nd &4 and Schedule Public Hearing (January 15, 2013) bQ T. PRESENT Feasibility Report for Project 1117 Manor Lake /Lakeview Trail and Schedule Public S I Hearing (January 15, 2013) U. AUTHORIZE application of a grant from the Metropolitan Regional Arts Council for a Community Arts Grant V. APPROVE a Resolution to accept a donation of $1,000 from the Dakota Center of the Arts for new studio easels for the Eagan Art House �W. APPROVE change of manager for Axel's Bonfire's On -Sale Liquor License X. APPROVE Amendments to the AccessEagan non - exclusive network access and use agreement and property owner connection agreements; and approve non - disclosure agreements with MP Nexlevel LLC and Arvig Construction _%_Y. Approve an agreement and an amendment to the agreement with the State of MN Court Administration to allow our city prosecutors access to computerized Minnesota court data 119 Z. APPROVE Exempt Permit for Friendly Hills Middle School PTA to hold a raffle February 1, 2013 at Lost Spur Golf and Event Center V. PUBLIC HEARINGS Iat) A. 2013 Fee Schedule 15(o B. VARIANCE – Paul Devine - A 2 % Variance to the required 20% maximum building coverage for an addition located at 3620 Falcon Way �60 C. WELLHEAD PROTECTION PLAN – Part I tr1Q D. PROJECT 1088 (Cedar Grove Boulevard – Phase II Street & Utility Improvements) -�03 E. PROJECT 1121 (Patrick Addition) Street Improvements aaa F. PROJECT 1120 (Nicols Road) Street Improvements I-IS G. PROJECT 1119 (Eagandale Center Industrial Park) Street Improvements 090 H. PROJECT 1118 (Dodd Farm) Street Improvements ,9010 I. PROJECT 1046 (Old Sibley Highway) Street Improvements J. PROJECT 1100, Dodd Road (Cliff Rd. to Diffley Rd.) Street Improvements K. PROJECT 1097, Summer Place /Summer Place Second Street Improvements VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE ,a�D- A. APPROVE the City of Eagan's 2013 Legislative Priorities and Positions IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER 9_B. ADOPT AGENDA � 0 C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE Preparation of Market Analysis for Former Cedar Grove Credit Union Property 3. APPROVE Access Agreement for Dakota County to Facilitate Environmental Remediation of Certain Properties in the Cedar Grove Redevelopment District D. OLD BUSINESS 1. APPROVE Settlement Agreement for the Acquisition of the former Larson Automotive property at 3955 Cedarview Drive E. NEW BUSINESS F. OTHER BUSINESS 39 G. ADJOURN X. AC A. B. C. D. E. IMINISTRATIVE AGENDA City Attorney City Council Comments City Administrator Director of Public Works Director of Community Development Xl. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4b� City o Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 14, 2012 SUBJECT: AGENDA INFORMATION FOR DECEMBER 18, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 18, 2012 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo December 18, 2012 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECOGNIZE GENE VANOVERBEKE, ASSISTANT CITY ADMINISTRATOR AND FORMER DIRECTOR OF ADMINISTRATIVE SERVICES, FOR 31 YEARS OF SERVICE TO THE CITY OF EAGAN ACTION TO BE CONSIDERED: To recognize Gene VanOverbeke for 31 years of service to the City of Eagan. FACTS: • Gene VanOverbelce, Assistant City Administrator, is retiring after 31 years of service to the City of Eagan. • In his time with Eagan, Gene has also served as the Finance Director and Director of Administrative Services — overseeing Finance, Human Resources, Information Technologies, and the City Clerk's office. • During his tenure, the City of Eagan received a AAA bond rating, placing Eagan in the top 6% of communities across the country. • Under Gene's direction, the City has achieved the Government Finance Officers Association's (GFOA) Certificate of Achievement for Excellence in Financial Reporting for 29 consecutive years. • Gene is one of only 15 recipients of the Thomas J. Moran Award, the Minnesota GFOA's highest recognition for contributions to the organization and the government finance profession. • A video about Gene's time with the City has been prepared by E -TV, which will be available to be shown at the December 18 City Council meeting. ATTACHMENTS: (none) L� Agenda Information Memo Eagan City Council Meeting December 4, 2012, RECONGITIONS AND PRESENTATIONS B. 2012 EAGAN RESIDENTIAL SURVEY RESULTS: FACTS: • Approximately every two years over the last decade, the City of Eagan has hired Decision Resources to conduct a random sample survey of Eagan residents to inform City Council and staff decision making on a variety of factors from City Services, to what types of stores Eagan residents would like to see here. • Communications Director Garrison began working with City staff and Decision Resources over the summer to define and refine questions areas and to continue those longitudinal questions which show not only how resident answers compare to prior years, but also how they compare to other cities in the metro area. • The survey was fielded this fall and Dr. Bill Morris, President of Decision Resources, Ltd., is here to present the results of the 2012 survey. • Once again, Eagan rates extremely well, including 97% of residents polled who rate the quality of life in Eagan as excellent or good. ATTACHMENTS: (0) • Decision Resources will be bringing copies of their presentation with them 5 Agenda Information Memo December 18, 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 November 13, 2012 Special City Council meetings and November 20 and December 4, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: Minutes of November 13, 2012 Special City Council meeting are enclosed on pages 9 and q • Minutes of November 20, 2012 Regular City Council meeting are enclosed on pages 10 through 11) . • Minutes of December 4, 2012 Regular City Council meeting are enclosed on pages k9 through a3 . Fol MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2012 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Public Works Matthys, Director of Parks and Recreation Johnson, Director of Community Development Hohenstein, Recreation Supervisor Andersen and City Clerk Scipioni. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye:5 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CANVAS BALLOTS— NOVEMBER 6, 2012 MUNICIPAL ELECTIONS City Administrator Hedges introduced the item noting Minnesota Statute 205.185 Subd. 3 requires the governing body of a city to certify its election results between the third and tenth days after an election. City Clerk Scipioni gave a brief recap of the November 6, 2012 elections. Councilmember Bakken moved, Councilmember Hansen seconded a motion to certify the results of the November 6, 2012 Municipal Election. Aye: 5 Nay: 0 IV. PILOT KNOB ROAD (CSAH 31) CORRIDOR STUDY PRESENTATION City Administrator Hedges introduced the item noting on June 5, the Council approved a Joint Powers Agreement with the Dakota County Transportation Department for the Pilot Knob Road Corridor Study from Yankee Doodle Road to Central Parkway /Northwood Parkway (Project 1095). Hedges noted the Pilot Knob Road Corridor Study Presentation is proposed to be continued to the Special City Council meeting scheduled for January 8, 2013. Director of Public Works Matthys provided an update on the project noting the City recently received input from several of the adjacent properties and because of that feedback, the study will not be ready to be finalized until further analysis. V. PUBLIC ART POLICIES (PRESENTATION BY THE DAKOTA CENTER FOR THE ARTS BOARD) City Administrator Hedges noted in April 2012 the Arts Board contacted the City Council by letter to consider the inclusion of public art in any new commercial development projects. At the May 1, 2012 Listening Session the Council requested that the Board research and provide information concerning art if Special City Council Minutes November 13, 2012 Page 2 policies that currently exist in other cities. Director of Parks and Recreation Johnson gave a staff report and provided additional history on the policies. Kathy Thompson, representing the Dakota Center for the Arts Board, gave a presentation providing the results of that research. The Council discussed the issue. The Director of Parks and Recreation Johnson and Director of Community Development Hohenstein were available for questions. The Council gave direction to the Advisory Parks Commission to research other public arts policy efforts in cities similar to Eagan and identify strategies and approaches to reaching that goal and present those findings at a future City Council workshop. Council took a 10 minute break. VI. INTRODUCTION TO THE CEDAR /RED LINE BUS RAPID TRANSIT ORIENTED DEVELOPMENT MARKET STUDY City Administrator Hedges introduced the item noting Dakota County and the Cities of Apple Valley, Bloomington, Eagan and Lakeville have received grant funding to support a transit oriented development market study for the Cedar Avenue /Red Line BRT corridor and the major stations along its route, including the Cedar Grove Transit Station. Director Hohenstein provided additional history on the study noting because there is little information on the BRT and future BRT lines additional action is being requested to refer the item back to the Advisory Planning Commission. Hohenstein noted over the next several months the consultant will be looking for feedback from the community relative to development implications which the APC can discuss at a future workshop. Dakota County Transit Specialist, Joe, Morneau, gave a presentation to introduce the study process, timeline and expected outcomes. The Council referred the item back to the Advisory Planning Commission to follow up with Dakota County Transit regarding the study and present that information at a future City Council meeting. VII. OUTSIDE WATER METERS — ANNUAL INSTALLATION /REMOVAL FEE City Administrator Hedges introduced the item noting Eagan currently has approximately 19,000+ utility accounts, with 122 individual external water meters throughout the city for recording and billing of water used for irrigation systems, water fountains, outdoor swimming pools, and other external uses. These meters are typically located in unheated enclosures or screened only by landscaping making it necessary to remove these meters each winter to prevent freezing and reinstall them again each spring. Director of Public Works Matthys gave a staff report and provided additional history on the item. Matthys also addressed the Council's questions from the May 8, 2012 Special City Council meeting. The Council discussed the water meter service fees. There was City Council consensus to proceed with the following recommendations: To implement a "Service Fee" of $55 for each trip made to a property requesting a shut -off or turn -on of City water. r Special City Council Minutes November 13, 2012 Page 3 To require all property owners to have the installation and removal of water meters performed by certified tradesmen (licensed plumbers) hired by the property owner. City personnel would perform the necessary inspections as part of the "Service Fee" to insure the connection /disconnection has been done correctly and the City's water supply has not been compromised. The property owner /representative would be required to pick up the meter from the City and return it at the end of the season. The new "Service Fee" and service program is recommended to go into effect with the updated Fee Schedule as of the beginning of the new year 2013. There was no other business. VIII. OTHER BUSINESS IX. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 8:15 p.m. Aye:S Nay :O Date Mayor Clerk r� MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 20, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. A regular meeting of the Eagan City Council was held on Wednesday, November 20, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Lieutenant Pike and Executive Assistant Stevenson. AGENDA City Administrator noted the addition of items I< -Q under the Consent Agenda pertaining to the adoption of feasibility reports and scheduling public hearings for the December 18, 2012 City Council meeting. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as modified. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented /modified. Aye: 5 Nay: 0 A. There were no minutes to approve. B. Personnel Items 1. It was recommended to accept the resignation of Officer Robert Wegner and authorize hiring his replacement. 2. It was recommended to approve a resolution designating two Alternate Directors to the Local Government Information Systems (LOGIS) Board of Directors. 3. It was recommended to appoint Finance Director Tom Pepper to the Eagan Firefighters Relief Association Board of Trustees. 4. It was recommended to appoint Assistant City Administrator Dianne Miller as Eagan's Alternate to the DCC Executive Committee. 5. It was recommended to approve the hiring of seasonal /temporary employees in Parks & Recreation. C. It was recommended to approve Check Registers dated November 2 and 9, 2012. D. It was recommended to designate a Use for the Available Balance in the Allowance for Uncollectible Taxes Fund. E. It was recommended to approve MP Nexlevel and Arvig Construction on the Qualified Fiber Optic Vendors for Lateral Builds for AccessEagan Open Fiber Network. �(D City Council Meeting Minutes November 20, 2012 2 page F. Item removed. G. It was recommended to approve Final Payment for Contract 12 -09, 2012 Citywide Parking Lot Improvements. H. It was recommended to present the Feasibility Report for Project 1088 (Cedar Grove Boulevard — Phase II Street & Utility Improvements) and Schedule Public Hearing (December 18, 2012). I. It was recommended to direct Preparation of City Code Amendment to Chapters 6, 7, 10 & 11 regarding Low Maintenance Landscape Standards and No Coal Tar Driveway Sealants — Energy & Environment Advisory Commission Recommendations. J. It was recommended to approve the Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge Winter Classic event on January 26, 2013. K. It was recommended to present Feasibility Report for Project 1121, Patrick Addition (Hay Lake Ct.) and schedule Public Hearing (December 18, 2012). L. It was recommended to present Feasibility Report for Project 1120, Nicols Road (Cedar Grove Pkwy. to Meghan Lane) and schedule Public Hearing (December 18, 2012). M. It was recommended to present Feasibility Report for Project 1119, Eagandale Center Industrial Park and schedule Public Hearing (December 18, 2012). N. It was recommended to present Feasibility Report for Project 1118, Dodd Farm (Calvin Ct.) and schedule Public Hearing December 18, 2012). 0. It was recommended to present Feasibility Report for Project 1100, Dodd Road (Cliff Rd. to Diffley Rd.) and schedule Public Hearing (December 18, 2012). P. It was recommended to present Feasibility Report for Project 1097, Summer Place/ Summer Place Second and schedule Public Hearing (December 18, 2012). Q. It was recommended to present Feasibility Report for Project 1046, Old Sibley Highway and schedule Public Hearing (December 18, 2012). PUBLIC HEARINGS PROJECT 1067, HAWTHORNE WOODS— STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1067 provided for the street overlay improvements within the Hawthorne Woods Addition, south of Diffley Road and east of Dodd Road, in southeast Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1067 (Hawthorne Woods) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1068, LEXINGTON POINTE 1" & 2nd STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1068 provided for the street overlay improvements within the Lexington Pointe 1St & 2nd Additions, south of Diffley Road and east of Lexington Avenue, in south- 1� City Council Meeting Minutes November 20, 2012 3 page central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion approve the Final Assessment Roll for Project 1068 (Lexington Pointe 1St & 2nd) and authorize its certification to Dakota County for collection. Aye:5 Nay:0 PROJECT 1073, WESCOTT ROAD (DENMARK AVENUE TO 600' EAST OF LEXINGTON AVENUE)/ GLACIER DRIVE STREET IMPROVEMENTS— FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1073 provided for the street overlay improvements on Wescott Road, from Denmark Avenue to 600' east of Lexington Avenue, and Glacier Drive, south of Wescott Road, in central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Matthys noted a letter of objection was received from Mr. Pat McCarthy. 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 the Final Assessment Roll for Project 1073 (Wescott Road — Denmark Avenue to 600' east of Lexington Avenue /Glacier Drive) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 1077, NORTHVIEW PARK ROAD (LEXINGTON AVENUE TO ELRENE ROAD) /BRADDOCK TRAIL (DIFFLEY ROAD TO NORTHVIEW PARK ROAD) /ELRENE ROAD (DODD ROAD TO WESCOTT ROAD) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1077 provided for the street overlay improvements on Northview Park Road, Elrene Road, and Braddock Trail, all collector streets in east central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. Bob Albers, 1003 Northview Park Road, addressed the Council with a question regarding the interest rate calculation on the assessment. Director of Public Works Matthys answered Mr. Albers question. There being no further public comment, Mayor Maguire turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1077 (Northview Park Road, Lexington Avenue to Elrene Road, Braddock Trail, Diffley Road to Northview Park Road, Elrene Road, Dodd Road to Wescott Road - Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Ga City Council Meeting Minutes November 20, 2012 4 page OLD BUSINESS ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 10.40 RELATIVE TO DECLARING BURNING BANS City Administrator Hedges introduced the item noting on October 16, 2012 the Eagan City Council approved a resolution to implement a temporary burn ban to include recreational fires based on information received from the Minnesota Department of Natural Resources. Hedges added on October 22, 2012, the DNR lifted all restrictions on recreational fires in Minnesota. On November 7, 2012 the City Council authorized staff to work with the City Attorney's office to amend the ordinance to allow the Fire Chief to have the authority to institute and remove a temporary burn ban which is based on direction from the Minnesota Department of Natural Resources. Fire Chief Scott gave a staff report and provided additional history on the ordinance amendment. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to City Code Chapter 10.40 relative to declaring burning bans and to direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0 NEW BUSINESS REQUEST— PARAGON OUTLETS EAGAN, LLC/CITYO F EAGAN/ ECONOMIC DEVELOPMENT AUTHORITY Mayor Maguire introduced the item and provided a brief history of the Cedar Grove redevelopment and the City's roll in this process. City Administrator Hedges introduced the item noting the land use element is to approve a Preliminary Subdivision, Rezoning, Preliminary Planned Development and to approve a determination regarding consistency of the proposal used with the Comprehensive Guide Plan for the sale of publicly owned property. Hedges noted the Advisory Planning Commission recommended approval of the request at their October 23, 2012 meeting. City Planner Ridley gave a staff report and provided additional history on the request. Kelvin Antill, Development Partner and Salem LaHood, Design Partner with Paragon gave a presentation on the development and were available for questions. The Council discussed the development and had questions regarding pedestrian access, building appearance and parking. Mr. Antill responded to the questions. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Paragon Outlets at Cedar Grove) to create two lots and four outlots upon approximately 51 acres generally located southeast of Highway 13, between Highway 77 (Cedar Avenue) and Rahn Road, subject to the following conditions: Aye: 5 Nay: 0 City Council Meeting Minutes November 20, 2012 5 page 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, C1, C2, D1 and E1 2. The property shall be platted. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. The developer shall be responsible to maintain public drainage and utility easement over the existing sewer pipes within the development site until each relocation is complete. 5. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In addition, fire department connections along with building wall hydrant connections shall be provided as required and approved by the City Fire Marshal. 6. The developer shall maintain the existing right -of -way of Cedar Grove Boulevard until such time as Xcel and Century Link have relocated their utilities. Thereafter, the developer must petition the City to vacate all easements that are impacted by the proposed development. 7. Prior to Final Subdivision approval, the City shall have entered into an agreement with Xcel for the relocation of the existing gas line. 8. The City shall have awarded the contract for the relocation of Cedar Grove Boulevard. 9. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 10. Tree mitigation requirements shall be fulfilled through a combination of upsizing landscape trees on site, installing off -site trees, and cash. 11. The applicant shall fulfill tree mitigation through the following: a. The applicant shall upsize the 105 landscape trees to be installed on site (per plan sheet L -1.1, Preliminary Landscape Plan) from 2.5" caliper to 4" caliper (single -stem deciduous trees), and from 6' height to 12' height (coniferous trees and multiple -stem deciduous trees). b. The balance of required tree mitigation shall be fulfilled by installing 29 Category A trees offsite; either at Outlot C (new city park) or in nearby Woodhaven Park, or provide a cash payment of $17,400. c. Fulfill item b above through a combination of trees and cash. 12. Park Dedication due for the development shall be satisfied by the dedication of Outlot C to the City for park purposes. 13. Trail Dedication due for the development shall be satisfied by the installation of the proposed 10' non - motorized trail on Cedar Grove Boulevard as depicted in the plan set dated Oct 3, 2012. 14. The development will be responsible for any Sewer Availability Charges (SAC) and Water Availability Charges (WAC) that may be due at the issuance of any building permit. 15. The maple trees lining the north side of Paragon Parkway adjacent to the surface parking lots shall be placed every 25' in accordance with CGD zoning district standards, and more trees added to provide full coverage if necessary. 16. Additional measures to enhance screening between the surface parking lots and all public rights -of- way, such as berming and shrub and perennial plantings, shall be employed and shown on the Final Landscape Plan. 14 City Council Meeting Minutes November 20, 2012 6 page 17. The landscaped areas between the parking lots abutting public rights -of -way shall include landscaping in the form of berming, shrubs and perennials, to provide screening of the parking lots. 18. Parking lot islands shall be landscaped with materials that are salt tolerant and can withstand snow storage. Certain perennials, grasses, and deciduous or low- growing shrubs may be suitable. Woody plants and evergreen trees shall not be used in these areas. 19. The transformers and other similar ground equipment shall be screened by landscaping or a screen wall. 20. The City and developer shall coordinate the final selection of the pedestrian lights along the perimeter of the site to ensure compatibility with the City street lights that will be employed in the same area. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from CGD to PD of the approximately 25 acres that is proposed Lot 1, Bock 1, Paragon Outlets. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Planned Development for development of a retail outlet center upon approximately 25 acres that is proposed Lot 1, Bock 1, Paragon Outlets, subject to the following conditions: Aye: 5 Nay: 0 The property shall be subdivided and platted prior to Final Planned Development approval. This Preliminary Planned Development allows a retail outlet center consisting of six buildings totaling approximately 442,000 gross square feet. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans. • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 4. The Preliminary Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office within 60 days of City Council approval. 5. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. The developer shall be responsible to maintain public drainage & utility easement over the existing sewer pipes within the development site until each relocation is complete. City Council Meeting Minutes November 20, 2012 7 page 8. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 9. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In addition, fire department connections along with building wall hydrant connections shall be provided as required and approved by the City Fire Marshal. 10. "No Parking Fire Lane" signs shall be posted along all through drives around the outside perimeter of the property, as well as both drives between the parking lot and buildings on the East and West sides of the property. Spacing of signs shall be 100 feet apart, in a form acceptable to the City Fire Marshal. Final plans for the sign design and placement of such signage shall be shown on the Site Plan at the time of Final Planned Development. 11. All emergency vehicle parking area shall be clearly marked "No Parking Fire Lane," and signed "Emergency Vehicle Parking Area Only." 12. In accordance with Section 2.78 of the City Code, building numbers shall be conspicuously displayed on the building, in a suitable location in an upper corner or near the building entrance so they can be clearly seen from the street and read during all hours of the day. The applicant should work with City staff on addressing plan for buildings and tenants so that specific locations are easily identifiable in case of emergency. 13. Tree mitigation requirements shall be fulfilled through a combination of upsizing landscape trees on site, installing off -site trees, and cash. 14. The applicant shall fulfill tree mitigation through the following: a. The applicant shall upsize the 105 landscape trees to be installed on site (per plan sheet L -1.1, Preliminary Landscape Plan) from 2.5" caliper to 4" caliper (single -stem deciduous trees), and from 6' height to 12' height (coniferous trees and multiple -stem deciduous trees). b. The balance of required tree mitigation shall be fulfilled by installing 29 Category A trees offsite; either at Outlot C (new city park) or in nearby Woodhaven Park, or provide a cash payment of $17,400. c. Fulfill item b above through a combination of trees and cash. 15. Park Dedication due for the development shall be satisfied by the provision of Outlot C to the City for park purposes. 16. Trail Dedication due for the development shall be satisfied by the installation of the proposed 10' non - motorized trail on Cedar Grove Boulevard as depicted in the plan set dated Oct 3, 2012. 17. Recyclables storage and pick -up should be relocated to the other designated services areas. 18. Prior to Final Planned Development approval, the developer shall provide the City with the Signage Design Manual for this development. A Sign Permit is required for all signs within the development, free - standing and building mounted. Only directional signs < 6 s.f. in area may be exempt from a sign permit. 19. Prior to Final Planned Development approval, a color and material palette shall be provided for City review and approval to determine if the color and texture contrasts in this area are adequate to achieve the appropriate level of differentiation to the building mass in this area. 20. Rooftop mechanical units shall be shown on the Building Elevations at the time of building permit, and placement of units 20' from the building edge, and minimum 30" parapet height shall be demonstrated. If these measures alone do not fully screen some equipment, additional screening measures shall be employed in accordance with City Code. 21. The maple trees lining the north side of Paragon Parkway adjacent to the surface parking lots shall be placed every 25' in accordance with CGD zoning district standards, and more trees added to provide full coverage if necessary. I City Council Meeting Minutes November 20, 2012 8 page 22. Additional measures to enhance screening between the surface parking lots and all public rights -of- way, such as berming and shrub and perennial plantings, shall be employed and shown on the Final Landscape Plan. 23. The landscaped areas between the parking lots abutting public rights -of -way shall include landscaping in the form of berming, shrubs and perennials, to provide screening of the parking lots. 24. Parking lot islands shall be landscaped with materials that are salt tolerant and can withstand snow storage. Certain perennials, grasses, and deciduous or low- growing shrubs may be suitable. Woody plants and evergreen trees shall not be used in these areas. 25. The transformers and other similar ground equipment shall be screened by landscaping or a screen wall. 26. The City and developer shall coordinate the final selection of the pedestrian lights along the perimeter of the site to ensure compatibility with the City street lights that will be employed in the same area. 27. Where light levels exceed 1.0 footcandle at the property line, shields shall be utilized to reduce light spillover to not more than 1.0 footcandle. 28. The developer shall have entered into a Reciprocal Easement and operating agreement for the parking structure in a form acceptable to the City Attorney. 29. The developer shall have entered into an Encroachment and Maintenance Agreement, in a form acceptable to the City Attorney, for the maintenance of any plantings within public right -of -way. 30. The recycling areas shall be eliminated from the Paragon Parkway frontage on the south sides of Buildings E and F and shall not occur in designated emergency vehicle parking areas. Recyclables storage and pick -up shall be relocated to the other designated service areas. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges introduced Assistant City Administrator Miller, who gave an update on what occurred at the Metropolitan Airports Commission on Monday, November 19 with regard to proposed flight tracks at MSP airport. ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted staff is requesting action by the Council as a follow up to the Council's approval of the preliminary plan development of Paragon Outlets. As part of the purchase agreement addressing the Paragon Outlets Redevelopment Plan for a portion of the core area of the Cedar Grove Redevelopment District, the current owner, the Economic Development Authority (EDA) /City of Eagan, has an obligation to provide clear title of the property to the purchaser, Paragon Outlets LLC. As such, the preparation of legal descriptions for vacating easements and right -of -way, quit claims, quit title process, and other associated technical services are needed to ensure clear title. Matthys continued staff believe it is in the EDA /City's best interest to have Alliant Engineering complete all of the necessary land surveying services related to the provision of clear title for the sale of the property to the developer, Paragon Outlets LLC. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Consulting Engineering Contract for Technical /Specialty Services with Alliant Engineering, Inc., and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 `9 City Council Meeting Minutes November 20, 2012 9 page DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted new construction is trending up and foreclosures are trending down. VISITORS TO BE HEARD Gary Torfin, 1291 Dunberry Lane, Paul Patyk, 1287 Dunberry Lane, Bill Edwards, 1284 Dunberry Lane and Maureen Sorensen addressed the Council individually regarding airplane flight paths and airplane noise. Mayor Maguire suggested they follow up with Assistant City Administrator Miller for more detailed information. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:25 p.m. Aye: 5 Nay: 0 Date Mayor Clerk IL MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 4, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Lee Myhram addressed the Council regarding the MAC vote on the RNAV flight tracks. Shelby Krumenacker addressed the Council regarding the status of a Police report. A regular meeting of the Eagan City Council was held on Tuesday, December 4, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Hedges noted the addition of Consent Item M, to appoint Dorothy Peterson as an alternate to the Advisory Parks Commission with the term ending April 2013. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as modified. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented /modified. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the November 7, 2012. B. Personnel Items 1. It was recommended to accept the status change of Clerical Technician Margaret (Peggy) Fleck from Full Time (40 hours /wk) to on -call status through December 2012. 2. It was recommended to approve the hiring of Jessica Mitchell, Temporary Clerical Technician III in Community Development, 3. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve Check Registers dated November 16 & 23, 2012. D. It was recommended to approve renewals of existing alcohol licenses for 2013. E. It was recommended to direct the City Clerk to issue 2013 alcohol license renewals upon licensees' submission of renewal documents and fees. F. It was recommended to receive the Wellhead Protection Plan — Part I Report and schedule a Public Hearing for December 18, 2012. G. It was recommended to approve the Water Quality Cost Share Partnership Program. 1� City Council Meeting Minutes December 4, 2012 2 page H. Item removed It was recommended to approve an agreement with empowris, LLC to allow the Eagan Community Center to participate as a provider to companies represented by empowris. It was recommended to authorize submittal of FY 2013 Community Development Block Grant Application to the Dakota County CDA. K. It was recommended to authorize submittal of 2013 Redevelopment Incentive Grant Application to the Dakota County CDA. L. It was recommended to authorize preparation of Small Area Land Use Study for Lockheed Martin Property in Central Commons Special Area. M. It was recommended to appoint Dorothy Peterson as an alternate to the Advisory Parks Commission. Consent L. Peter Coyle representing CSM Corporation addressed the Council looking for an explanation on what the intentions are with the Small Area Land Use Study. Director of Community Development Hohenstein responded to Mr. Coyle's question. PUBLIC HEARINGS PROPOSED 2013 BUDGET AND PROPERTY TAX LEVY Mayor Maguire introduced the item noting the Truth -in- Taxation hearing is on the City's budget and levy options. City Administrator Hedges noted the State requires cities over 2,500 in population to hold a public hearing on their proposed budget and tax levy for the next year. A budget open house was held on November 27, 2012. The proposed General Fund budget stands at $28,864,200, a 2.9% increase over 2012. Since the time the General Fund expenditure budget was reviewed in August, three adjustments netting to a total budget increase of $10,200 have been made. Hedges noted the proposed property tax levy is $28,322,017, a 3.27% increase over 2012. Finance Director Pepper provided additional information about the proposed budget and tax levy. Council discussed the proposed 2013 budget and property tax levy. Mayor Maguire opened the public hearing. Thad Carlson, 1673 Oakbrooke Court, addressed the Council regarding his 2013 tax statement. There being no further public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing, approve the General Fund budget of $28,864,200 and approve a resolution adopting the final 2013 general levy of $28,322,017. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT— WAGGING TAILS PET RESORT ME City Council Meeting Minutes December 4, 2012 3 page City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on November 27, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the property noting the applicant is removing the north play area from the CUP request which eliminates the need for pea gravel and therefore the green space non - conformity. Owner, Keith Olson provided photos of the new area behind the building and was available for questions. The Council discussed the permit request. With the removal of the north play area, it was noted it was appropriate to eliminate the first sentence of condition #6, as listed in the APC minutes. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow boarding of up to 125 dogs for property at 3275 Sun Drive, subject to the following revised conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not exceed 125. 3. Customer service hours shall be 6:30 a.m. to 6:30 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. Saturday and Sunday. 4. The applicant shall maintain a current kennel license. 5. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 6. All play yards shall utilize pea gravel as a surface except the hill area on the west side of the property. 7. The applicant shall remove the temporary, free standing sign. All signage shall meet City Code requirements. 8. Trash and recycling containers shall be properly contained within the building or an enclosure that complies with City Code requirements. 9. Twenty percent of the outdoor play area shall provide shade during the months of May through October. 10. The designated bathroom area for the animals shall be cleaned daily. 11. The applicant shall provide an emergency action plan to clearly define the direction of removing and relocating up to 125 dogs if an incident were to occur in inclement weather and there was a need to evacuate the entire building in a form acceptable to the City Fire Marshal. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT — DAKOTA COUNTY CDA City Administrator Hedges introduced the item noting the action requested is to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment. Hedges noted the Advisory Planning Commission held a Public Hearing on November 27, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history noting the site consists of three separate parcels located east of Sibley Memorial Highway and north of Letendre Street and the proposed City Council Meeting Minutes December 4, 2012 4 page development consists of six townhome buildings containing a total of 28 units with a density of 6.4 units per acre. Ridley noted the southerly property is guided medium density and the two northerly properties are currently guided high density; as such only the two northerly properties are affected by the proposed guide plan amendment. The applicant, Kari Gill with Dakota County CDA, discussed the site and the need for the proposed project and was available for questions. The Council discussed the request. Mayor Maguire noted the concern in the Advisory Planning Commission minutes regarding the private drive being included in the project. The Council directed staff to include an update on the private drive issue when the amendment, rezoning and platting items come back before the Council under Old Business at a future City Council meeting. Mayor Maguire opened the meeting for public comment. Ron and Barb Miller, 3217 Donald Avenue, addressed the Council stating concern on the rezoning of the properties. Jeff Poetter, 3270 Sibley Memorial Highway, addressed the Council stating concern regarding the private drive issue. City Administrator Hedges answered their questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment that would change the land use designation from HD (High Density), to MD (Medium Density) for approximately 2.1 acres, legally described as part of Government Lot 3, Section 9, Township 27, Range 23. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY ADMINISTRATOR City Administrator Hedges noted the Proclamation to honor Nicholas David "The Voice for Eagan ". DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted the Mayor will have 15 pounds more pressure in his water system along with his neighbors due to the implementation of the Ultra High Pressure Zone as of December 5. There were no visitors to be heard. VISITORS TO BE HEARD ME City Council Meeting Minutes December 4, 2012 5 page ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:20 p.m. Aye: 5 Nay: 0 Date Mayor Clerk E Agenda Information Memo December 18, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of the Campus Facilities Manager on Duty "to be named ". FACTS: • The City Council previously approved to fill this position on September 19, 2012. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of the Parks & Recreation Central Services Aide "to be named ". FACTS: O The City Council previously approved to fill this position on September 4, 2012. Item 3. ACTION TO BE CONSIDERED: To approve the proposed 2013 non -union Compensation Plan for all regular non- collective bargaining employees, which will reflect a I% increase effective January 1, 2013 and a I% increase effective July 1, 2013. These increases also apply to the on- call -pager pay plan for non - exempt IT employees. The 2013 Parks & Recreation Seasonal Compensation Plan will remain status quo with rates unchanged from 2012. This plan includes non collective bargaining employees with a status of temporary, seasonal, and recurring part time (non - benefit eligible). To approve the proposed 2013 City Wide Intern Compensation Plan effective January 1, 2013 which will reflect a 1% increase effective January 1, 2013. a4 FACTS: The funds necessary for these revisions have been incorporated into the proposed 2013 budget. Item 4. ACTION TO BE CONSIDERED: Authorize replacement of Community Development Clerical Technician vacancy, (a result of the resignation of M. Fleck.) This vacancy was previously recognized by the City Council on the December 4, 2012 consent agenda. Approve the reclassification of this position from Clerical Tech III to Clerical Tech IV. FACTS: • Upon hiring a full time Clerical Technician, existing staff currently assisting Community Development on a temporary basis will resume their previous work schedules. The duties and role of the Clerical Tech III job description were reviewed. After analyzing the specific duties and responsibilities of the position, it was determined that the nature of the work is comparable to that of the other administrative support position in Community Development (the Clerical Tech IV position). • It is recommended this position be reclassified as a Clerical Tech IV in order to maintain internal equity between the two positions. Item 5. ACTION TO BE CONSIDERED: Approve the reorganization in the Fire Department by appointing Darrin Bramwell, Fire Marshal to assume the duties of Deputy Fire Chief. FACTS: • Industry Standards typically show the best practice for a Fire Department to formally create a distinction between Fire Operations and Fire Prevention. The current Deputy administers all Fire Operations related functions. The Fire Marshall oversees fire prevention, however, this position currently has limited formal authority; i.e. at the scene of fire related incidents C�15 and when needing to direct and manage the fire fighters, particularly in the absence of the Chief. By enhancing the formal authority of the Fire Marshal by appointing him as a second Deputy Fire Chief the Fire Department is better positioned to respond to any and all issues. This enhancement also expands the scope of leadership between the Fire Chief and Deputy Chief of Operations. The change in title would warrant a job reclassification from Level 11 to Level 12. Further review of the scope and depth of duties may be reevaluated in the third quarter of 2013. Item 6. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Ryan Marks Parks & Rec Recreation Program Assistant Mike Hemmingson Parks & Rec Recreation Program Assistant Christopher Juliar Utilities Utility Intern ME Agenda Information Memo December 18, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 30 and December 7, 2012 as presented. ATTACHMENTS: • Check registers dated November 30, 2012 are enclosed without page number. • Check registers dated December 7, 2012 are enclosed without page number. a Agenda Information Memo December 18, 2012 Eagan City Council Meeting D. APPROVE EAGAN VOLUNTEER FIRE RELIEF ASSOCIATION BOARD MEMBER SALARIES ACTION TO BE CONSIDERED: To approve Eagan Volunteer Fire Relief Association Board Member Salaries. FACTS: • The Minnesota Legislature has given fire relief associations authority to maintain two types of funds: a special fund and a general fund. • The special fund of a fire relief association functions as a trust fund to be used primarily to pay benefits and for other purposes expressly authorized under Minnesota law which includes the payment of certain salaries. • Previously, only a relief association's president, secretary, and treasurer were authorized to receive salaries paid from the associations' Special Fund. These three positions are paid $275 /month as approved by the general membership. • The other board salaries have been paid from the relief's general fund. • In 2012, legislation was enacted giving relief associations authority to pay salaries from the special fund to all board trustees, if the salary amounts are approved by the governmental entity that's responsible for paying any required contributions. • By statute the board consists of six volunteer firefighters, the full -time chief, the Mayor and one other representative appointed by the City Council. Therefore, the additional special fund salary payments requested would add the three other volunteers serving on the board as trustees, but not designated as officers. • The Eagan Volunteer Fire Relief Association is requesting that those salaries be set at $75 /month. • A bylaw change has been approved by the general membership authorizing this change if the salaries are approved by the City. ATTACHMENTS: (None) Agenda Information Memo December 18, 2012, Eagan City Council Meeting CONSENT AGENDA: E. Adopt a Resolution accepting a $270 donation from Commons on Marice ACTION TO BE CONSIDERED: Approve a resolution allowing the City of Eagan to accept a surveillance camera donated by Commons on Marice for use by the Eagan Police Department. FACTS: • The surveillance camera would allow the police department to use this type of equipment in a covert manner to investigate a variety of different crimes throughout the city. • For several years, Commons on Marice and the Police Department have worked in collaboration to promote public safety and a strong, healthy and safe community. • This is a SVAT brand surveillance camera, Model #P1300. • The value of this donation is approximately $270. • A letter was sent to Mary Yeager, Executive Director of Commons on Marice, thanking them for this equipment and their support of the community. ATTACHMENTS: Resolution on page 30 ()(:N, Agenda Information Memo December 18, 2012, Eagan City Council Meeting CONSENT AGENDA: E. Adopt a Resolution accepting a $270 donation from Commons on Marice ACTION TO BE CONSIDERED: Approve a resolution allowing the City of Eagan to accept a surveillance camera donated by Commons on Marice for use by the Eagan Police Department. FACTS: • The surveillance camera would allow the police department to use this type of equipment in a covert manner to investigate a variety of different crimes throughout the city. • For several years, Commons on Marice and the Police Department have worked in collaboration to promote public safety and a strong, healthy and safe community. • This is a SVAT brand surveillance camera, Model 01300. • The value of this donation is approximately $270. • A letter was sent to Mary Yeager, Executive Director of Commons on Marice, thanking them for this equipment and their support of the community. ATTACHMENTS: Resolution on page BO Agenda Information Memo December 18, 2012, Eagan City Council Meeting CONSENT AGENDA: F. Approve a Memorandum of Understanding (MOU) with the United States Department of Veterans Affairs (VA) Police Services. ACTION TO BE CONSIDERED: Approve a memorandum of understanding with the United States Department of Veterans Affairs Police Services, allowing the Eagan Police Department to provide police assistance at the Department of Veterans Affairs office located at 2805 Dodd Road, Suite # 250 in Eagan. FACTS: • Title 38 U.S.C. 902 confers enforcement and arrest authority upon VA police officers for violations of federal laws occurring upon VA grounds. The statutory authorization is implemented by agency regulations found in the Title 38 C.F.R. 1.218. VA officers do have arrest authority at 2805 Dodd Road, Suite #250, Eagan, but only in those areas physically occupied and /or controlled by the Department of Veterans Affairs. On these leased properties, VA officers are limited to the enforcement of federal laws and VA rules and regulations. The Eagan Police Department retains sole enforcement authority for violations of all local laws. • By entering into this agreement, the Eagan Police Department will provide police assistance equivalent to that provided to non - federal facilities located in the City of Eagan. The memorandum of understanding has been reviewed by the City Attorney. ATTACHMENTS: A copy of the MOU is attached on pages -3 a to sk i�j November 26th, 2012 Jim McDonald Chief of Police Eagan Police Department 3830 Pilot Knob Rd. Eagan, MN 55122 DEPARTMENT OF VETERANS AFFAIRS Medical Center One Veterans Drive Minneapolis, MN 55417 Subject: Memorandum of Understanding (MOU) Dear Chief McDonald: J�rJAIdtWv _ � Y i4 y 0 I am requesting to establish a Memorandum of Understanding (MOU) between the U.S. Department of Veterans Affairs Police and the Eagan Police Department. My intention is to establish and maintain a good working relationship between our two agencies. The United States Government has leased and occupies space at the following location: VISN 23 Headquarters Department of Veterans Affairs 2805 Dodd Road, Suite 3250 Eagan, MN 55121 The VA does have its own federal police force; however, there are no police assets currently available to provide emergency police services to these facilities. Therefore, the Department of Veterans Affairs must rely upon the state, county and /or municipal law enforcement organizations for emergency police response. Title 38 U.S.C. § 902 confers enforcement and arrest authority upon VA police officers for violations of federal laws occurring upon VA grounds. The statutory authorization is implemented by agency regulations found in title 38 C.F.R. § 1.218. VA police officers do have arrest authority at the location above, but only in those areas physically occupied and /or controlled by the Department of Veterans Affairs. On these leased properties, our officers are limited to the enforcement of federal laws and VA rules and regulations. State, county and municipal law enforcement agencies retain sole enforcement authority for violations of all local laws. Therefore, in accordance with the establishment of proprietorial jurisdiction over all lands and structures controlled by VA identified above, it is mutually agreed as follows: 1. The Eagan Police Department will provide police assistance equivalent to that provided to non - federal facilities located in the jurisdiction serviced by the Eagan Police Department. 2. The VA Police and the Eagan Police Department mutually agree to collaborate and share relevant information on incidents occurring in our jurisdictions that may impact the other entity's operations and /or community. 3. In instances where VA police officers are at the Eagan clinic and are engaged in an enforcement action, the Eagan police will render assistance to VA police officers if requested. On those occasions when an arrest is made by a VA police officer and the subject requires temporary incarceration pending arraignment before a Federal Magistrate, the City of Eagan Police Department will assist with transporting and temporarily holding persons until arrangements can be made by VA or the U.S. Marshals Service. The VA will expedite transfer to a federal facility in order to minimize all impact to the Eagan Police Department. 4. In the event that it is necessary to search for missing patients who by virtue of their present physical or mental condition are dangerous to themselves or others, the Eagan Police Department will assist VA personnel in attempting to locate and return the missing patient to the extent permitted by departmental policy. VA will provide information to aid in the search in accordance with the provisions of Federal Release of Information laws. If the patient is not recovered, the VA police will be responsible for entering the subject into CJIS /NCIC. 5. In the event the Eagan Police Department has warrants to be executed on VA property, the Eagan Police will notify the VA Police prior to entering federal property, if such notice does not compromise or jeopardize the investigation in any way, and /or if exigent circumstances exist that make such notice impractical. 6. Any liability of the VA for actions of its employees will be governed by the provisions of the Federal Tort Claims Act. Any liability of the City of Eagan for actions of its employees will be governed by the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws governing liability. 7. This Agreement shall become effective when approved and executed through concurrence below by the Eagan Police Department. The Agreement shall remain in effect until either party terminates participation in this Agreement. Participation in this Agreement may be terminated upon thirty (30) days written notice addressed to the designated law enforcement official of the other signatory, which is a party to this Agreement. If you concur with the above statements, please indicate your acknowledgement of the contents of this MOU by signing below and returning an original to me. If you have questions or would like to adjust any part of this agreement, please feel free to contact me at (612) 725 -2001. Thank you for your interest and support. Sincerely yours, JUDITH L. JOHNSON- MEKOTA, FACHE Acting Medical Center Director CONCUR: CONCUR: RICKS. ENCINAS Mike Maguire Chief of Police Mayor VAMC Minneapolis, MN City of Eagan ,33 Agenda Information Memo December 18, 2012, Eagan City Council Meeting CONSENT AGENDA G. Adopt a resolution accepting a $1000 donation from Wal -Mart ACTION TO BE CONSIDERED: Adopt a Resolution accepting a $1000 donation from Wal -Mart, which will be used by the Eagan Police Department to purchase Holiday gifts for the Police Department's "Shop with a Cop" program. FACTS: • The Wal -Mart store donated $1000 to the police department for the annual "Shop with a Cop" program. • The idea behind the program is to connect with kids whose families have had contact with police or are in need of assistance. • The program, which is a nationwide event, is intended to enhance the image of the police. • The funds will be used during this year's "Shop with a Cop" event. • Approving the resolution/accepting the donation will also authorize $1000 budget adjustment to line item 1104 -6477 in the police department's 2012 budget. ATTACHMENTS: Resolution on page CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Wal -Mart 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, Wal -Mart has presented the Police Department with a donation in the amount of $1000.00 as reimbursement for "Shop with a Cop" 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 -6477 in the police department's 2012 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks Wal -Mart for the gracious and generous donation. ADOPTED this 18th day of December, 2012. Motion by: Seconded by: Those in Favor: Those Against: Date: S5_ CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo December 18, 2012 Eagan City Council Meeting H. APPROVE THE FINAL FINANCING PACKAGE FOR THE EAGAN FIRE SAFETY CENTER AND RELATED IMPROVMENTS ACTION TO BE CONSIDERED: To approve the final financing package for the Eagan Fire Safety Center and Related Improvements. FACTS: • In late 2007 and into 2008 the City Council studied the need to relocate Fire Station 2 from Lone Oak Circle and potential new sites. • The purchase of the site for construction of the Fire Safety Center was approved on July 7, 2009. • Contracts for site preparation, construction and related activities were awarded in late 2009 and early 2010. • Improvements totaling nearly $200,000 to the Police Station and to Fire Station 3 were also completed with this project. • Work, including a couple of follow up corrections, has now been completed and it is appropriate for the City Council to approve the final financing package thereby allowing for close out of the construction fund. • The original financing package included the sale of the Fire Administration building with sale proceeds estimated at $2,000,000. • Since the building has not been sold, staff is recommending that the Community Investment Fund (CIF) be used to complete the close out financing package with eventual sale proceeds to be deposited back into the CIF, • The CIF is also receiving all revenues related to the lease of the Fire Administration building. Those revenues including rent and interest total $50,283.31 through December of 2012. The garage space remains rented at $600 per month. • Staff is also recommending that, if any additional costs related directly to the construction surface in the near future, they also be paid from the CIF. • As noted previously, this significant investment in community facilities was completed with no direct impact on property taxes. ATTACHMENTS: 2rl • Enclosed on page is a copy of the final Sources and Uses Statement for construction of the Eagan Fire Safety Center. Fire Safety Center Sources and Uses - Final Sources: General Fund Balance Community Investment Fund (CIF) (1) Workers Comp Self Insurance Risk Management Benefit Accrual Sale of City Property: Fire Station 2 Fire Administration Building Uses: Dakota Electric Rebates Franchise Fees 5 -Dec -12 $ 1,500,000.00 2,364,002.63 3,500,000.00 1, 000, 000.00 365,000.00 447,654.00 To CIF (1) 33,357.00 93, 906.15 Total $ 9,303,919.78 Building / Site $ 8,340,511.22 Land 470,284.27 Station Trail Assessments 116,312.52 Fiber Connection (Paid Directly From Retained Franchise Fees) 93,906.15 Fire Station 3 Remodel (Budget + 5 %) 100,956.45 Police Station Remodel (Budget + 5 %) 89,743.50 Interest Charges 92,205.67 Total $9,303,919.78 (1) CIF will balance sale of Fire Admin building, rent, and required financing for this facility. 12 -05 -12 Cash Additional Expenditure Move Damage Deposit to CIF Additionl Required From CIF (150, 502.63) (11,000.00) (2,500.00) (164,002.63) 9 (Account Number 2268) Agenda Information Memo December 18, 2012 Eagan City Council Meeting I. Approve proposed 2013 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay, Community Center, and Fiber Infrastructure (AccessEagan). ACTIONS TO BE CONSIDERED: 1) Approve the proposed 2013 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage /Water Quality), Cascade Bay, Community Center and Fiber Infrastructure (AccessEagan). FACTS: • The City Council reviewed the Fiber Infrastructure (AccessEagan) budget at the Dec 11 special meeting. The Public Utilities, Cascade Bay, and Community Center budgets were reviewed at a special meeting in October. • In October, the Council also directed the Finance Committee to review options with respect to the anticipated capital renewal /replacement needs for Cascade Bay over the next few years. That review will be scheduled in 2013. • No changes from the October presentation are proposed for the Public Utilities Fund, Cascade Bay and Community Center Fund operating budgets. • User fees are the primary revenue source of Enterprise Fund budgets. ATTACHMENTS: no • Enclosed on page Z) I— is the Public Utilities Fund revenue and expenses summary. • Enclosed on page is the Cascade Bay Fund revenue and expenses summary. • Enclosed on page is the Community Center Fund revenue and expenses summary. • Enclosed on page ak is the Fiber Infrastructure (AccessEagan) revenue and expenses summary. W Public Utilities Fund 2013 Budget Revenue and Expense Summary *Excluding depreciation expense Other non - departmental revenues: Interest income Connection charges Antenna lease revenue (excludes ECC allocation) Other Total - non -dept revenue Net cash inflow (outflow) 210,000 130,000 602,000 49,200 991,200 $ 2,593,800 Sanitary Street Storm Water Water Sewer Lighting Drainage Quality TOTALS Revenues: Service charges $4,471,000 $ 6,348,000 $ 609,000 $ 552,000 $ 881,500 $ 12,861,500 Connection permits 3,000 4,000 - - - 7,000 Meter sales 15,000 - - - 15,000 Other 11,800 25,000 - - 10,000 46,800 Total revenues $ 4,500,800 $ 6,377,000 $ 609,000 $ 552,000 $ 891,500 $ 12,930,300 Operating expenses: Personal services 1,209,200 566,500 - 90,500 360,300 2,226,500 Supplies, repairs, maint, 366,100 64,100 - 13,400 64,700 508,300 Other services & charges 2,088,000 803,100 618,000 194,800 210,200 3,914,100 Merchandise for resale 20,100 - - - - 20,100 Capital equipment 43,900 240,000 5,000 6,800 295,700 MCES disposal charges - 4,363,000 - - - 4,363,000 Total operating exp* $ 3,727,300 $ 6,036,700 $ 618,000 $ 303,700 $ 642,000 $ 11,327,700 Net operating cash inflow (outflow) 773,500 340,300 (9,000) 248,300 249,500 1,602,600 *Excluding depreciation expense Other non - departmental revenues: Interest income Connection charges Antenna lease revenue (excludes ECC allocation) Other Total - non -dept revenue Net cash inflow (outflow) 210,000 130,000 602,000 49,200 991,200 $ 2,593,800 Aquatic Facility (Cascade Bay) Fund. 2013 Budget Revenues, Expenses and Other Disbursements 2010 2011 2012 2013 Actual Actual Budget Budget Revenues Daily Admissions /Season Pass $ 640,236 $ 644,982 $ 674,000 $ 665,000 Group Sales 126,268 119,480 140,000 124,300 Concessions 206,876 195,902 215,000 200,000 Classes / Camps 30,496 29,438 30,000 24,900 Merchandise Sales 14,365 14,002 14,500 14,500 Vending 2,047 1,406 2,000 2,000 Rental 9,232 13,859 12,000 11,000 Interest 5,036 915 3,000 - Other 3,083 2,673 400 400 Total Revenues 1,037,639 1,022,658 1,090,900 1,042,100 Expenses Personal Services $ 514,376 $ 509,572 $ 600,600 $ 595,600 Parts & Supplies 70,439 78,080 84,300 95,800 Cost of Concession Sales 91,175 89,369 70,000 80,000 Services & Other Charges 167,619 166,522 182,000 194,200 Capital Outlay 26,791 8,296 2,800 6,600 Sub -total Expenses 870,400 851,839 939,700 972,200 Replenish operating cash - - 81,300 - Reserve for Renewal & Replacement 67,100 67,100 69,900 69,900 Total Operating Expenses and R &R $ 937,500 $ 918,939 $ 1,090,900 $ 1,042,100 Non - Operating Disbursements Debt Service Payments 156,875 149,788 - - Total Expenses /Non -Op Disbursements $ 1,094,375 $ 1,068,726 $ 1,090,900 $ 1,042,100 2013 ECG rev -exp summary.xlsx Eagan Community Center Fund 2013 Budget Revenues, Expenses and Other Disbursements 12/13/2012 2010 2011 2012 2013 Actual Actual Budget Budget Revenues Personal Trainers $ 61,441 $ 61,031 $ 70,500 $ 75,000 Equipment Rental 15,325 17,208 17,700 26,000 Parks /Rec Programming 9,764 9,289 10,500 10,000 Concessions /Vending /Merchandise Sales 73,450 83,127 85,100 85,000 Group Sales 46,729 45,966 49,700 50,300 Daily Admissions 88,225 102,678 105,800 111,500 Memberships 620,635 596,845 645,000 600,000 Room & Facility Rentals 214,005 273,104 319,400 341,500 Contract Revenue 71,888 79,455 81,500 95,000 Passport Processing 191900 - - - ECVB Rent 12,336 12,585 12,800 12,700 Other 57,593 67,670 6,000 6,000 Total Revenues 1,291,291 1,348,958 1,404,000 1,413,000 Other Financing Sources Antenna Lease Revenues 283,294 286,753 269,800 298,100 Total Revenues /Other Financing Sources $ 1,574,585 $ 1,635,711 $ 1,673,800 $ 1,711,100 Expenses Personal Services $ 967,288 $ 1,018,825 $ 1,032,000 $ 1,049,100 Parts & Supplies 56,745 61,812 62,900 61,600 Cost of Merchandise Sales 32,540 35,554 33,600 37,000 Services & Other Charges 305,198 334,995 363,700 385,300 Capital Outlay 9,795 15,774 23,600 20,100 Total Operating Expenses 1,371,564 1,466,961 1,515,800 1,553,100 Reserve for Renewal & Replacement 158,000 158,000 158,000 158,000 Total Operating Expenses and R &R $ 1,529,564 $ 1,624,961 $ 1,673,800 $ 1,711,100 Debt Service -- voter - approved tax levy 1,359,085 1,358,613 1,128,900 1,253,900 am Proposed 2013 Fiber Infrastructure Fund Budget 5- Dec -12 SOURCES Revenues: Expenditure Reimbursements: .State of Minnesota 2,594 AccessEagan User Fees i ;Service Providers (Year One - Proforma) j j 44,237 Other Leases: ; MVTA I 600 Highway 149 Conduit/Fiber: Arvig /ACS; ; 1,660 TW Telcomi ; 3,000 j Windstream ! ; 2,810 Total Rev enuesi 54,901 Transfers In: Total Revenues and Transfers 54,901 USES Expenditures: Personnel (FT Position Starting 7 -1 -2013) 53,100 Personnel Related (Office equipment, training, etc.) 6,180 Legal: Dougherty ($1,300 /month for 12 months) 15,600.00 David Shaw 5,000.00 ! -1 20,600 Auditing j 1,500 Engineering: Elert & Associates 15,000 LOGIS Services: After Hours Support 16,500 Setting up Pod Switch 7;500; Consulting: Design Nine I 10,000 Marketing I Technology Management Corporation (19,800 for Feb -Dec 2013 22,800 _ Plus 3,000 from 2012 for January) Materials 1 1,000 MP Nexlevel LLC Maintenance: State /County /CDA/City Fiber 8,623 Fire Stations 3 & 4 1,128 Phase I 15,719 Phase II 13,201 MP Nexlevel LLC Locates 7,128 ISD 196 MP Nexlevel Maintenance 3,685 ISD 196 MP Nexlevel Locates 1,184 Equipment: Inventory for New Customers 8,500 OTDR Device 9,000 Construction: Pod and Slab 60,000.; Generator 20 000 Fire Suppression _ 20,000," Switch 1$5,000 Complete Phase 1 28,149 Complete Phase II 32,938 Subtotal Expenditures Without Depreciation 568,436 Depreciation Expense: 12012+50% 154,949 Total Expenditures Including Depreciation 723,385 12/5/12 Cash Balance (516,379) Antenna Lease Revenues (Balance of CC Authorization 6 -21 -2011) 1,000,000 _ Additional 2012 Disbursements (15,000) 2013 Revenues, Reimbursements & Transfers 54,901 _ 2013 Expenditures w/o Depreciation (568,436) 12/31/13 Cash Balance (44,914) $.2,92;500 00, ;See bud. `ei< note nUrgber�6; I `A d, Agenda Information Memo December 18, 2012 Eagan City Council Meeting J. Approve 2013 Special Revenue Funds Budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cedar Grove Special Services District Fund, Cable TV Franchise Fees Fund, and E -TV Fund ACTION TO BE CONSIDERED: Approve the 2013 budgets for the following Special Revenue Funds: Housing Fund DWI Forfeiture Fund MIF Revolving Loan Fund Cedar Grove Special Services District Fund Cable TV Franchise Fees Fund E -TV Fund FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund, the revenue sources, and the expenditure categories are listed for each fund in the attachments. • The Council reviewed the E -TV Fund budget at a workshop in October. • There are no tax levies related to these funds. ATTACHMENTS: • Housing Fund budget on pages LA and 45 • DWI Forfeiture Fund budget on pages 4(0 and 4-1 • MIF Revolving Loan Fund budget on pages 41 and ►�� • Cedar Grove Special Services District Fund budget on pages -0 and 51 • Cable TV Franchise Fees Fund budget on pages 5,-4 and a • E -TV Fund budget on pages 54 through 92$ . "3 2013 Proposed Budget Special Revenue Funds — Housing Fund (113) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Housing Fund is to: • Provide financing for future housing - related developments within the City. • The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. • The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name. • The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997 and a note was issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds. In 1998, the City sold its interest in the note to a third party for $1,200,000, and as a component of this transaction, the proceeds of the closing were loaned to the Cascade Bay Aquatic Facility. In 2012, the $545,000 balance of the Cascade Bay loan was forgiven. Operating Budget The Special Revenue Housing Fund is responsible for the following functions: • To account for annual fees collected on the principal balance of revenue bonds issued under the City's name used to finance multi - family housing developments. 44 City of EaPH 2013 Proposed • e Operating Budget Special Revenue Funds - Housing Fund (113) Fund Balance, Beginning of Year Revenues: Housing Bond Fees Intereston Investments Total Revenues Other Financing Sources: Interest on Loan Principal on loan* Total Other Financing Sources Total Revenues and Other Financing Sources Expenditures: Monitoring Fee Contractual Services Total Expenditures Other Financing Uses Transfer Out-Cedar GroveTIF Transfer Out- Cascade Bay Total Other Financing Uses Fund Balance, End of Year *Excluded from fund balance HIGHLIGHTS & CHANGES Overview: With the revised Cascade Bay financing arrangement in effect for 2012, housing bond fees and interest are the sole revenue sources for this fund. REVENUE & EXPENDITURE DETAIL 2010 2011 2012 2013 Actual Actual Budget Budget $ 2,804,389 $ 2,919,603 $ 199,086 $ 265,186 49,303 43,718 49,300 44,100 34,666 9,971 20,000 700 83,969 53,689 69,300 44,800 34,020 23,794 - - 60,000 - - 94,020 23,794 - - 177,989 77,483 69,300 80,000 2,475 2,700 2,800 2,500 300 300 400 300 2,775 3,000 3,200 2,800 - 2,250,000 - - 545,000 - - - 2,795,000 - - $ 2,919,603 $ 199,086 $ 265,186 $ 342,386 Clay of FIR YIl 2013 Proposed Budget Operating Budget Special Revenue Funds — DWI Forfeiture Fund (115) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue DWI Forfeiture Fund is to: • Account for money received from the court system related to DWI forfeitures. • The money accounted for in this fund is restricted for police operations. • This fund was created in 2006. The Special Revenue DWI Forfeiture Fund is responsible for the following functions: • Accounting for money received from the court system related to DWI forfeitures. • Purchase of new police equipment and police vehicles with DWI forfeiture monies. 40 City of E(lp 2013 Proposed Budget Operating Budget Special Revenue Funds - DWI Forfeiture Fund (115) Conf. & Train. 1% 5 32S% HIGHLIGHTS & CHANGES Overview: No significant changes in revenues are anticipated; no significant changes in expenditures are planned. REVENUE & EXPENDITURE DETAIL 49 2010 2011 2012 2013 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 20,974 $ 4,140 $ 6,918 $ 3,718 Revenues: DWI Forfeitures 23,835 14,355 29,500 25,000 Other revenues 66 - - - Interest on Investments 428 35 100 - Total Revenues 24,329 14,390 29,600 25,000 Other Financing Sources: Transfers In - - - - Total Other Financing Sources - - - - Total Revenues and Other Fi na nci ng Sources 24,329 14,390 29,600 25,000 Expenditures: Parts and Supplies 31,256 200 22,000 15,800 Conference &Training 331 - 1,400 200 Professional Services 9,510 11,412 9,200 10,000 Blood draws for DWI cases 66 - 200 - Mobile Equipment - - - - Total Expenditures 41,163 11,612 32,800 26,000 Fund Balance, End of Year $ 4,140 $ 6,918 $ 3,718 $ 2,718 49 g "I\ I I 2013 Proposed Budget Special Revenue Funds — MIF Revolving Loan Fund (118) PURPOSE & DESCRIPTION The purpose of the Minnesota Investment Fund (MIF) Revolving Loan Special Revenue Fund is to: • Create and grow a lending program to Eagan businesses that can create jobs through investment in capital expansion. Currently, only a single loan is in place, but collections on the existing loan will provide additional funds that can be loaned to other businesses to create more jobs. Operating Budget In 2009, the City received the full amount of the initial loan, $350,000, as a grant from the State MIF to make the loan. Under the terms of the City's agreement with the MIF, 80% of the loan payments collected are to be returned to the State, and the remaining 20% are to be retained by the City for the purpose of making additional loans in the future. W City of Ecgao 2013 Proposed Budget Operating Budget Special Revenue Funds — MIF Revolving Loan Fund (118) HIGHLIGHTS & CHANGES Overview: The loan to Biothera was made in 2009. Activity in the fund consists of receipt of the monthly payments from Biothera and the related payment to the State's Minnesota Investment Fund (MIF) of 80% of receipts. REVENUE & EXPENDITURE DETAIL 40` 2010 2011 2012 2013 Actual Actual Budget Budget Fund Balance, Beginning of Year 5,563 17,221 $ 28,830 $ 40,530 Revenues: State Grants $ - - - Biothera loan payments 57,409 57,409 57,400 57,400 Interest income 176 127 200 100 Total Revenues 57,585 57,536 57,600 57,500 Expenditures: MIF Repayment to State 45,927 45,927 45,900 45,900 Total Expenditures 45,927 45,927 45,900 45,900 Excess of Revenue Over(Under) Expenditures 11,658 11,609 11,700 11,600 Fund Balance, End of Year 17,221 $ 28,830 $ 40,530 $ 52,130 40` \ :l 2013 Proposed Budget Special Revenue Funds — Cedar Grove Special Services District (119) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Cedar Grove Special Services District is to: • Account for taxes collected and expenditures made pertaining to the Cedar Grove area special services tax district. • The special services tax district was established in 1995. The Special Revenue Cedar Grove Special Services District is responsible for the following functions: • To provide sign maintenance and turf maintenance for the Cedar Grove area jo Operating Budget till of Fla p 2013 Proposed Budget Operating Budget Special Revenue Funds — Cedar Grove Special Services District (119) Expenditure by Category HIGHLIGHTS & CHANGES Overview: No levy is adopted for 2013 as fund balance is sufficient to fund budgeted expenditures. REVENUE & EXPENDITURE DETAIL 2010 2011 2012 2013 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 3,946 $ 4,741 $ 3,741 $ 2,741 Revenues: Special Services District Taxes 729 - - Intereston Investments 66 - Total Revenues 795 - - Expenditures: Mowing & weed control 1,000 1,000 1,000 Total Expenditures - 1,000 1,000 1,000 Excess of Revenue Over (Under) Expenditures 795 (1,000) (1,000) (1,000) Fund Balance, End of Year $ 4,741 $ 3,741 $ 2,741 $ 1,741 z I I 2013 Proposed Budget Special Revenue Funds — Cable TV Franchise Fee Fund (196) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Cable TV Franchise Fee Fund is to: • Account for franchise fees paid to the City from the local cable franchises. • Restricted for communications and cable television activities. The Special Revenue Cable TV Franchise Fee Fund is responsible for the following functions: • The money is used for communications and cable television related activities, primarily the Communications Department budget and the City's share of the funding for Eagan Television (E -TV) 5A Operating Budget I I City of E8 @11 2013 Proposed Budget Operating Budget p g p g Special Revenue Funds - Cable TV Franchise Fee Fund (196) Fund Balance, Beginning of Year Revenues: Cable TV Franchise Fees Interest on Investments Total Revenues Expenditures: Capital Equipment per CIP Professional Services Total Expenditures Other Financing Uses: Transfer to General Fd - Communications Transfer to E -TV Fd - non - PEG - eligible Transfer to Fiber Infrastructure Fund Total Other Financing Uses Total Expenditures and Other Financing Uses Fund Balance, End of Year HIGHLIGHTS & CHANGES Overview: The fund continues to support the Communications budget in the General Fund and the non -PEG- eligible expenditures of the E -TV Fund. No significant changes in revenues are anticipated. REVENUE & EXPENDITURE DETAIL 2010 2011 2012 2013 Actual Actual Budget Budget $ 2,578,773 $ 2,560,642 $ 1,948,519 $ 1,952,419 785,378 1,271,598 791,100 860,800 767,058 774,110 765,000 774,000 46,511 15,448 30,000 5,700 813,569 789,558 795,000 779,700 - 129,683 - - 46,322 400 - 46,322 130,083 - 451,807 431,523 463,600 492,500 333,571 330,075 327,500 368,300 - 510,000 - - 785,378 1,271,598 791,100 860,800 831,700 1,401,681 791,100 860,800 $ 2,560,642 $ 1,948,519 $ 1,952,419 $ 1,871,319 !DS City at Eop 2013 Proposed Budget Operating Budget E -TV (197) Responsible Manager: Tom Garrison, Director of Communications PURPOSE & DESCRIPTION Eagan Television (E -TV) creates public, educational, and government cable TV programming through a partnership of volunteers and professional staff. E -TV also provides television production equipment facilities, and channel time to televise locally - produced programming. It is cable programming by the community, for the community. PERFORMANCE INDICATORS �J l 2011 2010 Description Actual Monthly Staff Program Production 10 Monthly Access Show Production 18 New Vol unteers 120 Outside Revenue $3,017 Opportunities For Youth 12 -18 30 �J l 2011 2012 2013 Actual Estimate Target 16 24 30 23 32 45 110 80 60 $11,108 $25,000 $30,000 43 75 90 w City of E)lp 2013 Proposed Budget Operating Budget E -TV (197) Responsible Manager: Tom Garrison, Director of Communications HIGHLIGHTS & CHANGES Overview: The normal proposed E -TV Eagan Television operational budget is up $21,100, for an increase of 4.5 %. However, because of once every 10 -15 year franchise negotiations, the budget increase is $82,600 or 17.0 %. The E -TV budget is funded by non - taxpayer dollars. The sources of funding are franchise fees paid by Comcast and a small fee on local subscriber bills which supports capital equipment for Public, Educational and Governmental (PEG) public access facilities Highlight /Change 1: Cable Franchise Renewal Expenditures for Professional Studies in preparation for negotiations (6310). Includes Technical audit of system, formal needs assessment, cable subscriber survey & attorney fees. These will strengthen Eagan's negotiating position and help us hold the line against the erosion of millions of dollars of PEG and Franchise support Eagan has received since 1999. Financial Impact: $71,500 increase or less based on competitive RFP selection. Service Level Impact: This will take a significant amount of Director Garrison's time, but should not affect day -to -day E -TV operations. Highlight /Change 2: With the Mobile Production Truck we share with Burnsville now housed In Eagan at Fire Station 45, we are able to do some of the routine maintenance ourselves and have been able to reduce our maintenance budgets by $2,500 and move that money into more needed areas (6232 and 6426). Financial Impact: $2,500 decrease Service Level Impact: We are able to fix minor problems more quickly and still have adequate funds for larger problems. Highlight /Change 3: With recent advances, we are now able use 4G to stream live events from anywhere in Eagan. The 4G streamer we have in the budget will allow us to cablecast live community meetings or events, sports, or anything else from anywhere that we need to. Previously restricted to only those locations where we had hard wire connections (6640). Financial Impact: $6,000 onetime charge, offset by reductions in other accounts. Service Level Impact: This will allow us to do live events from anywhere in Eagan, opening up significantly more events that we are unable to do now. Could also assist in emergency conditions as long as there is continuing cell phone service. 15!5- CAI of E0@11 2013 Proposed Budget Operating Budget E -TV (197) Responsible Manager: Tom Garrison, Director of Communications EXPENDITURE SUMMARY POSITION INVENTORY Personnel Actual Actual Budget Budget Expenditure 2010 2011 2012 2013 Personal Services $ 332,186 $ 328,382 $ 343,000 $ 359,800 Parts and Supplies 28,868 30,597'' 34,700 34,100 Services and Other Charges 48,190 90,597 ' 96,200 154,800 Capital Outlay 8,000 11,082 10,600 11 18,400 Total $ 417,245 - $ 460,657 $ 484,500 $ 567,100 i POSITION INVENTORY Personnel 2010 2011 2012 2013 Hours Studio Supervisor 1 1 1 1 2,080 Client Services Coordinator 1 1 1 1 2,080 Govt Programming Coordinator 1 1 1 1 2,080 Field Coordinator /Video Specialist 1 1 0 0 0 Videographer /Editor 0 0 1 1 2,080 Total 4 4 4 4 8,320 WORK PLAN 2013 Activity Routine F1 Supervision of PEG channels for Eagan 2 Provide and maintain public access facilities 3 Provide training for PA facility and equipment 4 Facilitate, organize and execute the playback of all sponsored PA shows 5 Provide coverage of community events 6 Provide coverage of all Eagan government meetings 7 Provide video production services to City of Eagan departments 8 Provide video production services to revenue generating clients 9 Assist Comcast customers with complaints 10 Provide video production services to Thomson Reuters in exchange for rent NEW; Year one of three year franchise renewal cycle K0111 City of Ep 2013 Proposed Budget Operating Budget E -TV (197) Responsible Manager: Tom Garrison, Director of Communications Revenue 4689 PEG fees (total) Less: PEG fees used for current year CIP - E -TV PEG fees used for current year CIP -Eagan Rm /CC PEG fees used (available) for future cap. exp. Net PEG fees used for E -TV operations 4690 City contribution - from Cable Franchise Fees fund 4699 Class fees 4696 Dub /Rental /Paid production 4697 E -TV paid production 4698 Community programming sponsorship Total Operating Revenues Fund Source REVENUE SUMMARY Actual Actual Budget Budget 2010 2011 2012 2013 $ 382,079 $ 351,958 $ 382,000 $ 350,000 (33,147) (36,305) (62,300) (74,400) 1,397 1,047 (79,000) (114,300) (265,628) (185,170) (133,700) 7,500 83,304 130,483 132,000 168,800 333,571 330,074 352,500 368,300 1,620 4,230 8,000 13,000 1,397 1,047 12,000 12,000 - 5,831 - - - 5,000 5,000 419,892 471,666 484,500 567,100 CAPITAL PURCHASES CIP (PEG) Haivision encoder /decoder system $ 14,700 CIP (PEG) Broadcast Pix Granite 5000 Production Switcher 59,700 Subtotal - CIP capital 74,400 Opg budg Other - Tota 1 $ 74,400 5`? City of E8 @a 2013 Proposed Budget Operating Budget p g E -TV (197) Responsible Manager; Tom Garrison, Director of Communications LINE ITEM DETAIL r 2010 2011 2012 2013 Actual Actual Budget Proposed 6110 SALARIES AND WAGES - REGULAR 239,591 234,133 247,100 260,700 6112 OVERTIME - REGULAR 3,141 3,171 2,000 2,500 6130 SALARIES AND WAGES- TEMPORARY 13,223 15,721 14,000 15,000 6142 PERA - COORDINATED 17,327 17,892 19,100 20,200 6144 FICA 18,721 18,481 20,100 21,300 6151 HEALTH INSURANCE /VEBA 37,711 36,706 39,000 38,300'4 6152 LIFE 495 454 - - 6154 DISABILITY - LONGTERM 920 858 - - 6155 WORKERS COMPENSATION 1,057 966 1,700 1,800 PERSONAL SERVICES 332,186 328,382 343;000 359,800 6210 OFFICE SUPPLIES 1,202 300 800 500 6212 OFFICE SMALL EQUIPMENT 1,314 128 S00 500 6215 REFERENCE MATERIALS - 188 500 500 6220 OPERATING SUPPLIES - GENERAL 7,936 10,118 9,300 9,300 6224 CLOTHING /PERSONAL EQUIPMENT - - 2,000 2,000 6231 MOBILE EQUIPMENT REPAIR - PARTS 712 593 3,500 3,500 6232 SMALL EQUIPMENT REPAIR - PARTS 4,725 3,650 4,500 3,500 6235 FUEL, LUBRICANTS, ADDITIVES 1,989 1,975 1,300 2,000 6270 COMPUTER SOFTWARE 10,989 13,646 12,300 12,300 PARTS & SUPPLIES 28,868 30,597 34,700 34,100 6310 PROFESSIONAL SERVICES- GENERAL 1,433 661 17,000 78,500 6314 AUDITING 400 400 - - 6346 POSTAGE 149 43 800 500 6347 TELEPHONE SERVICE &LINE CHARGES - - 100 100 6353 PERSONAL AUTO /PARKING 9 - 400 400 6355 CELLULAR TELEPHONE SERVICE 1,942 1,971 2,700 2,700 6357 GENERAL ADVERTISI NG 311 1,113 2,100 2,100 6359 LEGAL NOTICE PUBLICATION - - 200 200 6370 GENERAL PRINTING AND BINDING - - 1,100 1,000 6385 INSURANCE 7,300 7,400 7,400 7,400 6405 ELECTRICITY - 36,000 12,000 12,000 6425 MOBILE EQUIPMENT REPAIR - LABOR 2,294 - 2,500 2,500 6426 SMALL EQUIPMENT REPAIR - LABOR 5,045 4,276 9,500 8,000 6427 BUILDING OPERATIONS REPAIR - LABOR - - - - 6457 MACHINERY& EQUIPMENT RENTAL - 10,346 400 400 6475 MISCELLANEOUS 4,843 5,101 4,900 4,900 6476 CONFERENCES AND SCHOOLS 1,376 1,693 3,000 5,300 6477 LOCAL MEETING EXPENSES 370 100 800 800 6478 TUITION AND REIMBURSEMENTS - - 3,300 - 6479 DUES AND SUBSCRIPTIONS 3,405 2,480 4,800 4,800 6480 LICENSES, PERMITS AND TAXES 15 - - - 6569 MAINTENANCE CONTRACTS 19,299 19,014 23,200 23,200 OTHER SERVICES AND CHARGES 48,190 90,597 96,200 154,800 6640 MACHINERY /EQUIPMENT 8,000 10,609 10,200 12,200 6660 OFFICE FURNISHINGS /EQUIPMENT - 473 400 400 6670 OTHER EQUIPMENT - - - 6680 MOBILE EQUIPMENT - - - 5,800 CAPITAL OUTLAY 8,000 11,082 10,600 18,400 TOTALS -TV 417,245 460,657 484,500 567,100 17.0% r Agenda Information Memo December 18, 2012 Eagan City Council Meeting Consent Agenda K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HOISINGTON KOEGLER GROUP FOR CENTRAL AREA SMALL AREA STUDY ACTION TO BE CONSIDERED: To approve a Professional Services Agreement with Hoisington Koegler Group for a Central Area Small Area Study. FACTS: At its meeting of December 4, 2012, the City Council authorized the negotiation of a professional services agreement with Hoisington Koegler Group to prepare a small area land use study for the Lockheed Martin property in the Central Commons Special Area of the City's Comprehensive Land Use Guide Plan. Hoisington Koegler is the firm that assisted the City in the development of its current Comprehensive Plan and the specifics of the Central Commons Special Area. ➢ The study would be intended to define three land use scenarios that might be considered for the property in the context of the policies and priorities of the Special Area, ranging from further development within the current Major Office land use designation, redevelopment under a Retail Commercial designation and intensification or redevelopment in a mixed use form combining uses permitted in the Special Area. ➢ An agreement has been drafted in that regard and is in order for consideration at this time. The study cost is not to exceed $15,000 and it is to be completed in time for presentation at the City Council Workshop meeting on February 12, 2012. ATTACHMENTS: ➢ Draft Agreement on pages � 0 through '67 IN Creative Solutions for Land Planning and Design Hoisin g ton Koegler Group Inc. December 7, 2012 10 H Mr. Jon Hohenstein Director of Community Development 3830 Pilot Knob Road Eagan, MN 55122 Re: Professional Services Agreement for Small Area Planning of the Former Lockheed Martin site Dear Mr. Hohenstein, This letter outlines a Scope of Services, Fee Schedule and other elements which together constitute an agreement between the City of Eagan, Minnesota, hereinafter referred to as the CLIENT, and Hoisington Koegler Group Inc., hereinafter referred to as the CONSULTANT for preparation of a Small Area Plan of the Former Lockheed Martin site, hereinafter referred to as the PROJECT. The CLIENT and CONSULTANT agree as set forth below: A. BASIC SERVICES The CONSULTANT'S basic services for the PROJECT are as provided in Attachment A Work Program. B. ADDITIONAL SERVICES The CONSULTANT and the CLIENT may agree in writing to amend this Contract for additional services related to the PROJECT and compensation for such services. The following services have not been requested by the CLIENT but are available upon written authorization. 1. Meetings in addition to those specified in Paragraph A above. 2. Services or Deliverables not specifically identified in Paragraph A above. C. FEES FOR PROFESSIONAL SERVICES The CONSULTANT agrees to complete the scope of work contained in Paragraph A in exchange for professional fee compensation as noted below. The CLIENT agrees to pay the CONSULTANT for PROJECT services rendered as follows: 1. For the CONSULTANT'S Basic Services described in Paragraph A above, a fee based on the CONSULTANT'S current hourly rate schedule (see Attachment B) not -to- exceed Fifteen Thousand Dollars. 123 North Third Street, Suite 100, Minneapolis, MN 55401 -1659 Ph (612) 338 -0800 Fx (612) 338 -6838 www.hkgi.com 9i Eagan, Minnesota Comprehensive Plan Update 7 December 2012 Page 2 2. For the CONSULTANT'S Additional Services described in Paragraph B, a fee based on the CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated fee. 3. Statements will be submitted to the CLIENT on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 4. The CONSULTANT reserves the right to suspend services if the CLIENT is delinquent in making payments in accordance with this Agreement. D. CLIENT'S RESPONSIBILITY The CLIENT shall be responsible for the following: 1. Assembly of background information including, but not limited to digital copies of all files, pertinent plans, aerial photographs, base maps, inventory data, environmental reviews, traffic studies, market studies, available GIS mapping, limited to those that are reasonably available. 2. Arrangements and notification for all meetings. 3. Reproduction and distribution of Project reports as deemed necessary and not otherwise specified in paragraph A. E. INSURANCE CONSULTANT shall maintain insurance of the kind and in the amounts shown below for the life of the contract. Certificates for General Liability Insurance should state that the CLIENT, its officials, employees, agents and representatives are Additional Insureds. The CLIENT reserves the right to review CONSULTANT's insurance policies at any time to verify that contractual requirements have been met. Commercial General Liability Insurance a. $1,000,000 per occurrence b. $1,000,000 general aggregate c. $50,000 damage to rented premises d. $5,000 medical expenses 2. Umbrella Liability a. $1,000,000 per occurrence b. $1,000,000 general aggregate c. $10,000 self- insured retention 3. Worker's Compensation and Employer's Liability a. Worker's Compensation per Minnesota Statutes b. Employer's Liability i. $500,000 per accident; I OT Eagan, Minnesota Comprehensive Plan Update 7 December 2012 Page 3 ii. $500,000 per employee; iii. $500,000 per disease policy limit. 4. Professional Liability Insurance a. $1,000,000 per claim b. $2,000,000 annual aggregate F. COMPLETION SCHEDULE The services of the CONSULTANT will begin upon CLIENT approval and will, absent of causes beyond the control of the CONSULTANT, be completed by February 28, 2013. The project will be substantially completed for presentation to the City Council consistent with the general project schedule as presented in Attachment C Project Schedule. G. NONDISCRIMINATION The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. H. EQUAL OPPORTUNITY During the performance of this Contract, the CONSULTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. I. TERM, TERMINATION, SUCCESSORS AND /OR ASSIGNS The Term of this Agreement shall be concurrent with the work authorized and shall be in accordance with the schedule to be established between the CLIENT and the CONSULTANT. (D) Eagan, Minnesota Comprehensive Plan Update 7 December 2012 Page 4 2. Either party may terminate this Agreement by written notice to the other party at its address by certified mail at least ten (10) days prior to the date of termination. 3. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4. The time schedule shall not apply and /or time extensions will be allowed for any circumstances beyond the control of the CONSULTANT. 5. This Agreement shall be governed by all applicable laws. 6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. J. DISPUTES In the event the CLIENT and CONSULTANT are unable to reach agreement under the terms of this contract, disputes shall be resolved using alternative dispute resolution (ADR). K. REVOCATION If this agreement is not signed and accepted by both parties within 90 days of the contract date, it shall become null and void. L. AUTHORIZATION IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed this Agreement for Professional Services, This day of , 2012 CLIENT City of Eagan, Minnesota Name Name 1M, Title Title Eagan, Minnesota Comprehensive Plan Update 7 December 2012 Page S CONSULTANT Hoisington Koegler Group Inc. Name: Brad Scheib Title: Vice President Witness: Name: Paul Paige ('A Title: Vice President Hoisington Koegler Group Inc. - Small Area Planning Services December 3, 2012 Attachment A - Work Program Project Objective: To explore alternative development /re- development possibilities of the former Lockheed Martin Site located on the NW corner of Pilot Knob Road and Yankee Doodle Road and within the Central Commons that are consistent with the vision, principles and policies of the Comprehensive Plan. Project Work Program - Tasks: 1. Review of relevant background data: This will include a review plans, studies and concepts that have recently been explored on the site. 2. Assemble key base map information: This task includes preparing a base map with relevant existing conditions that can be used to explore alternative concepts. Map information includes existing building footprints, parking areas, utilities /infrastructure, property lines, and site topography limited to the former Lockheed Martin parcel. 3. Conduct workshop 1 with City Staff: This task will be to define key issues, opportunities and known constraints on the site. This task will also enable us to collaborate with City Staff on the framing of key themes and directions. 4. Conduct meeting with CSM, site owner: We will conduct a meeting with CSM to listen to and understand development needs from the owners perspective. 5. Prepare up to three alternative scenarios: The HKGi team will generate three alternative scenarios for further review and discussion. Each scenario will be presented in concept through illustrations that depict general land use, building footprints and development massing, parking, pedestrian and bicycle circulation, vehicle circulation, transit connectivity, open space /public plaza areas and site amenities. The alternative scenarios will be prepared for both PowerPoint and presentation board format with illustrations, text descriptions, and tabulations and development quantities. The scenarios will generally reflect the following patterns: a. Reuse /Intensification /Repurposing of the existing site as principally an office use b. Redevelopment of the site entirely to a commercial retail /service use c. Redevelopment of the site to a mixed use development that integrates housing, retail, and entertainment uses. 6. Conduct workshop with City Staff: this task will include a workshop with city staff to critically evaluate the scenarios for consistency with existing plans /policies and to understand key infrastructure impacts. 7. Finalize concepts: This task will be to incorporate any key changes to the concepts and draft a brief technical memorandum documenting staff /consultant team evaluation of the concepts. 8. Present Concepts to City Council: This task will involve a presentation of the concepts and key points of the technical memorandum for City Council consideration and direction. Key Deliverables: Presentation Boards and PowerPoint slides for three alternative concepts and a technical memorandum documenting concept evaluation. 00 Attachment B HOISINGTON KOEGLER GROUP INC. 2012 -13 HOURLY RATES Principal ....................... ............................... $145- 175/hr Associate ...................... ............................... $100- 145/hr Senior Professional ....... ............................... $90- 150 /hr Professional II ................. ............................... $80- 100 /hr Professional I ................... ............................... $50 -80 /hr Technical .......................... ............................... $40 -60 /hr Secretarial ............................. ............................... $55 /hr Litigation Services ............... ............................... $190 /hr Testimony ............................ ............................... $250 /hr Incidental Expenses: Mileage .... ............................... current federal rate /mile Photocopying BW ................. ............................15C /page Photocopying Color ........ ............................... $1.00 /page Outside Printing ............. ............................... Actual Cost Large Format Scanning .. ............................... Actual Cost B/W Bond Plots .................... ..........................$5.00 each Color Bond Plots .................. .........................$20.00 each Photo Paper Color Plots ...... .........................$40.00 each roll, Hoisington Koegle14 ,,coup Inc. - Small Area Planning Services Attachment C - Project Schedule Project Work Program - Tasks: Task 1. Review of relevant background data: 2. Assemble key base map information: 3. Conduct workshop 1 with City Staff: 4. Conduct meeting with CSM, site owner: 5. Prepare up to three alternative scenarios: 6. Conduct workshop with City Staff: 7. Finalize concepts: 8. Present Concepts to City Council: (o,7 December 3, 2012 Target Deadline and key dates December 21 December 28 Week of Dec 31 Week of Jan 7 January Week of Jan 21 Jan 31 to staff— Feb 4 Final Draft Feb 12 Consent Agenda Information Memo December 18, 2012, Eagan City Council Meeting L. COMPREHENSIVE GUIDE PLAN AMENDMENT NOTICE WAIVER — CITY OF EAGAN ACTION TO BE CONSIDERED: To waive the adjacent community 60 -day review and comment period for the Comprehensive Plan Amendment to change the land use designation from HD (High Density), to MD (Medium Density) for approximately 2.1 acres upon property legally described as part of Government Lot 3, Section 9, Township 27, Range 23. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council directed staff to submit the Comprehensive Plan Amendment to the Metropolitan Council at their regular meeting on December 4, 2012. ➢ Upon further review and discussions with Metropolitan Council staff it was learned this site qualifies for a waiver from the adjacent community notification requirement. ➢ The subject site consists of three separate parcels located east of Sibley Memorial Hwy and north of Letendre Street. ➢ The proposed development by the Dakota County CDA consists of six townhome buildings containing a total of 28 units with a density of 6.4 units per acre. ➢ Subsequent to review and action by the Metropolitan Council the following actions will come back to the City Council under Old Business: • Comprehensive Guide Plan Amendment • Rezoning • Preliminary Planned Development • Final Plat ➢ Adjacent property owners will be notified when the items will next appear on a City Council Agenda, ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: N/A ATTACHMENTS: None 2 Agenda Information Memo December 18, 2012 Eagan City Council Meeting M. OAFS OF BRIDGEWATER 3RD ADDITION EASEMENT VACATIONS ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a drainage and utility easement located on Lot 3, Block 1, Oaks of Bridgewater 3rd Addition and schedule a public hearing to be held on January 15, 2013. FACTS: • On November 13, 2012, City staff received a petition from Mr. Eun Stowell, property owner and home builder, requesting the vacation of a portion of an existing drainage and utility easement on Lot 3, Block 1, Oaks of Bridgewater 3rd Addition. • The purpose of the easement vacation on Lot 3, Block 1, Oaks of Bridgewater 3rd Addition is for a foundation footing at 3860 Bridgewater Drive. • The owner wishes to increase the size of one of the footings to accommodate additional load needs due to the size of a wall of the single family structure. The larger footing would encroach three (3) feet within the existing easement. • Public sanitary sewer and storm sewer exist within the drainage and utility easement so the vacation of the entire easement would not be acceptable. The depth of the footing reduces any potential conflicts between the need for the existing easement and the proposed footing. A vacation of a four foot portion of the easement has been proposed. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/ or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page 110 • Location Map, page Ili . (o9 S/ NE CORNER OF 107 3 30 I I I j _ 14, j t 30.0D 0 N84 °12'13 "W n S05 °47 Mwo C, J I f" I 0 -tf0 0 I fir) v I1 a o I ILL a Igp 'F Z I 00 N W J I- � m C13 C� I 0- I o , C� w °O - _� _ 0w I o ` -� `�- CJ sI wb a� CIL I �5 _ J 130 LT II \ 0 1'. I 30 2008 Mo.— Engineering y e� 3o X., i 68.•, AyR.F!ANgee A V WETLAND _ �1 1 1 30 15 0 30 Scale in Feet PROPOSED LEGAL DESCRIPTION FOR VACATING A PORTION OF DRAINAGE AND UTILITY -EASEMENT That part of Lot 3, Block 1, THE OAKS OF BRIDGEWATER 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Lot 3, thence on an assumed bearing of South 05 degrees 47 minutes 47 seconds West along the easterly line of said Lot 3, a distance of 56.33 feet; thence North 84 degrees 14 minutes 13 seconds West, a distance of 30.00 feet to a line 30.00 feet westerly of and parallel with said easterly line being the point of beginning; thence South 05 degrees 47 minutes 47 seconds West, parallel with sold easterly line, a distance of 19.00 feet; thence South 84 degrees 12 minutes 13 seconds West, a distance of 4.00 feet; thence North 05 degrees 47 minutes 47 seconds East, adistance of 19.00 feet; thence North 84 degrees 12 minutes 13 seconds West, a distance of 4.00 feet to the point of beginning, + THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO MUELLER HOMES, INC. THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 15TH DAY OF NOVEMBER, 2012. SIGNED: PI NE NGINEERING, P.A. BY: Peter J. Hawkinson, Professional Land Surveyor Minnesota License No. 42299 email— phawkinson®pioneereng.com Cad File: 112135000- VACATION SKETCH Folder #: 7432 Drawn by: NJK Description Sketch for: MUELLER HOMES, INC. 10 "M I s (Q Z Fo- tol rm_ 11 91f � A36- I MENDOTA HEIGHTS N% YANKEE DOODLE RD. EASEMENTH VACATION LOCATION • WN 41* , I • F411611 ♦ 419bl, Proposed Easemant Vacation Location Map Fig. 1 Cilyflajan 3860 Bridgewater Drive Lot 3, Blk 1, Oaks of Bridgewater 3rd 3/28/2011 �z WESPOTT. ROAD 0- Z 5< W -i EASEMENTH VACATION LOCATION • WN 41* , I • F411611 ♦ 419bl, Proposed Easemant Vacation Location Map Fig. 1 Cilyflajan 3860 Bridgewater Drive Lot 3, Blk 1, Oaks of Bridgewater 3rd 3/28/2011 Agenda Information Memo December 18, 2012 Eagan City Council Meeting N. 2013 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2013. FACTS: Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the Council's approval. All three pool consulting firms, Bolton & Menk, Stantec, and WSB have elected to raise their 2013 rates, generally to match inflation rates. Bolton & Menk, having kept their rates consistent since 2008, has decided to increase some of their average individual rates, as shown on the "Fee Increase Comparison" attachment. These rates are consistent with the other pool consulting firms, and the City's fee schedule for similar positions. ATTACHMENTS: • Consulting Engineering Fees, page '13 • Fee Increase Comparison, page 11g- 11 � 2013 COMPARISON OF RATES OF CONSULTING ENGINEERING FIRMS FOR THE CITY OF EAGAN GENERAL MUNICIPAL ENGINEERING SERVICES I BOLTON STANTEo/k/a WSB CITY POSITION CLASSIFICATION Beo I CLASSIFICATION Senior Principal / Principal $120-$198 $122-$150 $142 $150 Department Head Principal Engineer / Sr Associate / Senior Proj Manager $100-$160 $119-$138 $90 $130 City Engineer Specialist /Associate / Senior Proj Manager $70-$120 $106-$176 $133 $110 Transportation Project Manager / Dept Manager / Design Review Engineer $100-$150 $115-$135 $109 $116 $120 Assistant $124 City Engineer Rev. 12 -12 -2012 `� 3 $85 $90 Engineering Specialist / ROW Spec / Senior Agent $70-$120 $110-$136 $96 $110 Transportation $102 Engineer $110 $118 $62 $69 Landscape Architect / Hydrologist / Planner $110-$170 $99-$121 $76 $83 $90 $96 $94 $101 Project Engineer /Architect $60-$135 $83-$119 $109 $116 $124 $101 $109 Senior GIS Designer / Water Resource / Senior Designer $84-$104 $116 $124 $133 Graduate Engineer/ Architect Senior Field Supervisor / Construction Observer $88-$119 $95 Project Coordinator $49 $56 Engineering Technician / Scientist / CADD /Survey /Graphics $70-$145 $67-$98 $69 $85 Engineering Technician $75 $80 $82 $87 Project Technician $50-$90 $47-$67 $92 $97 $102 $40 Word Proc /Admin Tech/ Clerical $35-$80 $72 $60 Clerical Technician $79 Licensed Surveyor $70-$135 Project Surveyor $60-$100 $127-$157 $114 3- Person Survey Crew $174 $160 2- Person Survey Crew $149 $135 GPS Survey Equipment No Charge $38 Total Station Equipment No Charge $28 GIS Workstation Equipment No Charge $22 GPS Submeter Unit (per half day) $22 Coring Crew - One Person Crew $80 $155 Coring Crew - Two - Person Crew $230 May be Mileage No Charge Included Above charged IRS Rate separately Reproduction, Printing, Duplicating, No Charge Included Included Actual Costs Stakes, Field Supplies, Telephone calls Etc. 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PROJECT 1029 SOUTH OAFS ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1029, South Oaks Additions, and schedule a public hearing to be held on January 15, 2013. FACTS: • On June 7, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the South Oaks Addition neighborhood in south eastern Eagan. • A structural mill and overlay of these streets is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013 - 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for January 15, 2013. ATTACHMENTS: • Draft Feasibility Report, to be hand - delivered to Council at Council meeting. Agenda Information Memo December 18, 2012 Eagan City Council Meeting P. PROJECT 1065 LEXINGTON WAY STREET IMPROVEMENTS ACTION TO DE CONSIDERED: Receive the Draft Feasibility Report for Project 1065, Lexington Way, and schedule a public hearing to be held on January 15, 2013. FACTS: • On June 7, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the Lexington Way neighborhood in central Eagan. • A structural mill and overlay of this street is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for January 15, 2013. ATTACHMENTS: • Draft Feasibility Report, to be hand - delivered to Council at Council meeting. V1 (0 Agenda Information Memo December 18, 2012 Eagan City Council Meeting Q. PROJECT 1102 WESTON HILLS ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1102, Weston Hills Additions, and schedule a public hearing to be held on January 15, 2013. FACTS: • On June 7, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the Weston Hills Additions neighborhood in southeast Eagan. • A structural mill and overlay of these streets is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for January 15, 2013. ATTACHMENTS: • Draft Feasibility Report, to be hand - delivered to Council at Council meeting. III Agenda Information Memo December 18, 2012 Eagan City Council Meeting R. PROJECT 1103 LEXINGTON POINTE 8TH _ 12TH STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1103, Lexington Pointe 8th —12th, and schedule a public hearing to be held on January 15, 2013. FACTS: • On June 7, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the Lexington Pointe neighborhood in south - central Eagan. • A structural mill and overlay of these streets is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for January 15, 2013. ATTACHMENTS: • Draft Feasibility Report, to be hand - delivered to Council at Council meeting. Agenda Information Memo December 18, 2012 Eagan City Council Meeting S. PROJECT 1110 WILDERNESS RUN 2ND & 4TH STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1110, Wilderness Run 2"d & 4th, and schedule a public hearing to be held on January 15, 2013. FACTS: • On June 7, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the Wilderness Run neighborhood in south - central Eagan. • A structural mill and overlay of these streets is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for January 15, 2013. ATTACHMENTS: • Draft Feasibility Report, to be hand - delivered to Council at Council meeting. &V Agenda Information Memo December 18, 2012 Eagan City Council Meeting T. PROJECT 1117 MANOR LAKE/LAKEVIEW TRAIL STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1117, Manor Lake /Lalceview Trail, and schedule a public hearing to be held on January 15, 2013. FACTS: • On June 7, 2012, the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the Manor Lake/Lakeview Trail neighborhoods in southeast Eagan. • A structural mill and overlay of these streets is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for January 15, 2013. ATTACHMENTS: • Draft Feasibility Report, to be hand - delivered to Council at Council meeting. Agenda Memo December 18, 2012 City Council Meeting U. AUTHORIZE application of a grant from the Metropolitan Regional Arts Council for a Community Arts Grant. ACTION TO BE CONSIDERED: Authorize the submission of a grant application to the Metropolitan Regional Arts Council for Community Arts Grant. FACTS: • Metropolitan Regional Arts Council has grants for up to $5,000 available for Community Arts projects. Grants are awarded with a dollar to dollar match, with 25% in cash. • Parks & Recreation will submit a grant for $5,000 for arts programming in 2013. • The focus of this grant will be creative discovery and participants will have the opportunity to discover creativity through, but not limited to the following activities: • Continuation of Teen Artist Gatherings on the first Thursday and First Saturday of each month. • Guest artist series to give participants learning opportunities in new art forms or from new teaching artists. • Harvest of Art event. Activities to include public Raku firing, Harvest of Art exhibit, hands on art activities, and entertainment. • Continued branding and marketing efforts of the "Art... Be a Part" campaign. • The grant submission deadline is January 7, 2013. ISSUES: • None w • Agenda Memo December 18, 2012 City Council Meeting V. APPROVE a Resolution to accept a donation of $1,000 from the Dakota Center for the Arts for new studio easels for Eapan Art House. ACTION TO BE CONSIDERED: Approve a Resolution to accept a donation from the Dakota Center for the Arts of new studio easels, valued at approximately $1,000, for the Eagan Art House programs. FACTS: • The growth in participation of classes offered at the Eagan House has continued to exceed projections. • The Eagan Art House is currently in need of new studio easels to meet the growing student need. • The Dakota Center of the Arts is interested helping meet the need of these expanding programs by donating studio easels to the Eagan Art House. • These easels are valued at $1,000 and will replace and supplement current equipment that is in disrepair. ATTACHMENT: • Copy of Resolution on Pagej 0 CITY OF EAGAN RESOLUTION TO ACCEPT A DONATION OF STUDIO EASELS FOR THE EAGAN ART HOUSE FROM THE DAKOTA CENTER FOR THE ARTS WHEREAS, Eagan Parks and Recreation offers several community wide programs including art based programs in the Eagan Art House; and WHEREAS, The Dakota Center for the Arts, a community -based organization whose primary purpose is to develop, promote, and encourage participation in and appreciation of the creative arts is interested is supporting Eagan's art based programming; and WHEREAS, The Dakota Center for the Arts has expressed an interest in providing the Eagan Art House with needed studio easels to replace and supplement current equipment that is in disrepair; and WHEREAS, the Dakota Center for the Arts has offered to donate studio easels valued at $1,000 to the Eagan Art House to meet their growing need for equipment; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation from the Dakota Center for the Arts of new studio easels, valued at $1,000 for the Eagan Art House programs. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18 "' day of December, 2012. City Clerk Agenda Information Memo December 18, 2012, Eagan City Council Meeting W. APPROVE CHANGE OF MANAGER FOR AXEL'S BONFIRE'S ON- SALE LIQUOR LICENSE ACTION TO BE CONSIDERED: To approve a change in management of the On -Sale Liquor License for Bonfire Restaurant Company, LLC, dba Axel's Bonfire, located at 1555 Cliff Road. FACTS: ➢ A change in management has occurred at the above referenced location. A new manager of Axel's Bonfire, Andrew Rousland, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) row Mal Agenda Information Memo December 18, 2012 Eagan City Council Meeting X. APPROVE AMENDMENTS TO THE ACCESSEAGAN NON - EXCLUSIVE NETWORK ACCESS AND USE AGREEMENT AND PROPERTY OWNER CONNECTION AGREEMENTS. ACTION TO DE CONSIDERED: Approve amendments to the AccessEagan Non - Exclusive Network Access and Use Agreement and Property Owner Connection Agreements. FACTS: • On October 2, 2012, the City Council approved the AccessEagan Non - Exclusive Network Access and Use Agreement and the Property Owner Connection Agreements. On November 20, 2012 Council approved the selection of MP Nexlevel LLC and Arvig Construction as pre- approved fiber optic lateral construction builders. • The following changes are proposed: o Change # 1: Added Article 3.3 "Network Construction" to the Non - Exclusive Network Access and Use Agreement. This allows flexibility for carriers /providers to be the builder for laterals from the customer premise to the City's right of way. The City's pre- approved construction contractor would be responsible for "splicing" the fiber that the carrier /provider builds to the City's right of way. This is important for some potential carriers /providers that may come onto the AccessEagan network. o Change 42: Made minor modification to the Property Owner Connection Agreement that acknowledges that the Property Owner is aware that they OWN the line that is buried on their property. ATTACHMENTS: (2) Enclosed on pages W and q(D is the proposed amended Non - Exclusive Network Access and Use Agreement • Enclosed on pages QC1 - are the proposed amended Property Owner Connection Agreement A CESSEAGAN • A fiber service for business NON - EXCLUSIVE NETWORK ACCESS AND USE AGREEMENT Between CITY OF EAGAN, MINNESOTA and Dated effective as of W/ NON - EXCLUSIVE NETWORK ACCESS AND USE AGREEMENT This Non - Exclusive Network Access and Use Agreement ( "Agreement "), is made and entered into as of the _ day of 2012 ( "Effective Date "), by and between the City of Eagan, a Minnesota municipality ( "City "), and , a ( "Carrier /Provider "). City and Carrier /Provider may be individually referred to as a "Party" and collectively as the "Parties." RECITALS: A. City owns, maintains, equips and operates an advanced communications network ( "Network'). B. The Network is designed to permit private Carrier /Providers to offer a variety of competitive advanced communications services to residences, businesses, governmental entities and other end users located within the City. C. Carrier /Provider wants to use the Network on a non - exclusive basis for the purposes set forth herein, and City wants to contract with Carrier /Provider for such purposes. D. This Agreement memorializes a long term relationship wherein City is relying on Carrier /Provider to actively market to potential Retail Subscribers and provide high quality Retail Services. E. The Parties understand that City, at its sole discretion, may enter into agreements with other Carrier /Providers and entities. F. City, on the terms, covenants and conditions contained in this Agreement, is willing to grant Carrier /Provider the right to use the Network, to provide Retail Services to Retail Subscribers. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained in this Agreement, City and Carrier /Provider mutually agree as follows: ARTICLE I -- DEFINITIONS Unless the context clearly indicates otherwise, certain terms used in this Agreement shall have the meanings set forth below: ARTICLE 1.1 "Agreement" means this Agreement and incorporates any Exhibits, Appendices, hyperlinked documents, or other attachments referenced herein. ARTICLE 1.2 "Force Majeure" as used in this Agreement shall mean any cause beyond the reasonable control of City or Carrier /Provider, as applicable, or beyond the reasonable control of any of their respective contractors, subcontractors, suppliers or vendors, including without limitation: lightning, earthquakes, adverse weather of greater duration or intensity than normally expected for the job area and time of year, fires, explosions, floods, other natural catastrophes, sabotage, utility outages, inability to secure materials, terrorist acts, acts of a public enemy, acts of government or regulatory agencies, wars, blockades, embargoes, insurrections, riots or civil disturbances, labor disputes, including, but not necessarily limited to, strikes, work slowdowns, work stoppages or labor disruptions, labor or material shortages, or delays or disruptions of transportation, orders and judgments of any federal, state or local court, administrative agency or governmental body; the adoption of or change in any federal, state or local laws, rules, regulations, ordinances, permits or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits or licenses, by a court or public agency having appropriate jurisdiction after the Effective Date; or any suspension, termination, interruption, denial or failure to issue or renew by any government authority or other party having approval rights of any approval required or necessary hereunder for the construction, installation or operation of the Network or for either party to perform its NN obligations hereunder, except when such suspension, termination, interruption, denial or failure to issue or renew results from the negligence or failure to act of the party claiming the occurrence of an event of Force Majeure. ARTICLE 1.3 "Network" means and includes, without limitation, all cables, collocation space, conduits, innerducts, manholes, nodes, optical fiber strands, patch panels, splices, switches, transmitters, junctions, terminals, internal power sources, access portals, battery backups, fault alarm systems, structures, shelters, poles or pole line attachments, similar equipment, business and operations support systems, and all articles of personal property owned or leased by the City, that are used to provide Wholesale Services, as any or all of the same may be updated, supplemented, replaced or expanded, from time to time. Demarcation on the Network shall be defined as the Carrier /Provider facing port on the City provider access switch and the Retail Subscriber facing ports on the access portal installed at the Retail Subscriber premises. ARTICLE 1.4 "Network Services" shall mean those services listed in City's Product Catalog. ARTICLE 1.5 "Payment Due Date" shall have the meaning set forth in Section 5.1. ARTICLE 1.6 "Product Catalog" shall mean City's network services and pricing therefore listed at http: / /www.accesseagan.com, which services and pricing may be amended from time to time by City by amending the City website. ARTICLE 1.7 "Retail Services" means the services that Carrier /Provider offers to its Retail Subscribers over the Network. ARTICLE 1.8 "Retail Subscriber(s)" means end -user residential or business customers who are being served by Carrier /Provider through the City Network. ARTICLE 1.9 "Term" means either the Initial Term or the then- applicable Renewal Term. ARTICLE 1.10 "Wholesale Services" means any transport services provided by City through the City Network to an entity. ARTICLE II -- DESCRIPTION, TERM OF AGREEMENT ARTICLE 2.1 Carrier /Provider Retail Services. Carrier /Provider shall use the Network to provide Retail Services to the extent the Network is available to Retail Subscribers. Nothing in this Agreement shall require Carrier /Provider to use City's Network exclusively. As long as Carrier /Provider is in compliance with the terms of this Agreement and is actively marketing its Retail Services to Retail Subscribers, City will not provide any Retail Services to Retail Subscribers. Nothing herein shall be construed to require City to provide Wholesale Services exclusively to Carrier /Provider. ARTICLE 2.2 Term. Unless sooner terminated as provided in ARTICLE XI, this Agreement shall have an initial term of one (1) year from the Effective Date ( "Initial Term'), and shall renew in additional one (1) year terms ( "Renewal Term ") that will each commence automatically unless either party at its sole discretion elects not to renew this Agreement by providing the other party at least ninety (90) days written notice of termination prior to the expiration of the applicable Term. Notwithstanding the foregoing, unless this Agreement is terminated for Carrier /Provider's uncured material breach as provided in ARTICLE XI, the terms and conditions of this Agreement shall remain in full force and effect for the duration of any Network Services purchased by Carrier /Provider during the Term of this Agreement. 1A ARTICLE III -- NETWORK ARTICLE 3.1 Phased Deployment. City has begun and will continue deploying the Network in multiple phases. The development, design and installation of the Network shall be City's sole responsibility. Any undertaking to deploy additional phases of the Network shall be at City's sole discretion. City shall not be liable to Carrier /Provider, any end users, or any other person or entity for the failure to build the Network in any location. ARTICLE 3.2 Network Design. The Network shall be designed according to the City's specifications. City may, but is not obligated to, provide multiple ethernet Network entry points. When available, Carrier /Provider may, at its sole discretion, select one or redundant entry points to connect into the Network. Carrier /Provider, at its own expense, may offer consultation to City on Network design regarding quality and reliability measures, but City remains solely responsible for the Network design regardless of any such consultation. Carrier /Provider shall be solely responsible for its costs to meet Network entry points including, but not limited to, interconnect costs, collocation space, rack rental, power, and other interfacing costs. ARTICLE 3.3 Network Construction. Carrier /Provider may construct the optical fiber strands between the City right -of -way and the premises of the Carrier /Provider's Retail Subscribers ( "Lateral Fiber "). Upon completion of the construction, the Carrier /Provider shall notify the City of the same, and the City shall be responsible for interconnecting the Lateral Fiber with AccessEagan's optical fiber strands. The Carrier /Provider is responsible for restoring the property to a condition equal to or better than it was prior to construction. ARTICLE 3.4 Network Ownership. This Agreement shall not confer on Carrier /Provider any ownership or possessory interest in the Network, or any of its related facilities, equipment, easements or rights -of -way, or any other City or County property. ARTICLE 3.5 Intellectual Property. Carrier /Provider shall be responsible for obtaining all intellectual property licenses and rights with respect to Carrier /Provider's own equipment, software, and services used in connection with the Network. ARTICLE IV -- NETWORK OPERATIONS ARTICLE 4.1 Network Control. City shall have autonomy and control over the day -to -day operation of the Network, including, but not limited to, managing the platform and functionalities available over the Network. City shall provide primary management and control for the Network from its network operations center. Carrier /Provider and City shall cooperate with each other to coordinate service turn -ups and Retail Service deployment. During the Term, City, at its cost and expense, shall be responsible for Network maintenance. City shall at all times maintain the Network in good working order and repair and in a safe condition, in conformity with service level agreements and all applicable laws and regulations. City shall endeavor to restore damaged or malfunctioning portions of the Network in a timely manner. City acknowledges the importance of uninterrupted Network operation and shall arrive at repair sites with necessary personnel, equipment and materials and restore Network services in accordance with the service level agreements. To the extent repairs are required to the Network to fix damage caused by Carrier /Provider, Carrier /Provider shall pay the repair costs. To the extent damage is caused by any other customer, whether for Retail Services or Network services, City shall recover the repair expenses from the customer, and if the customer is Carrier /Provider's Retail Subscriber, Carrier /Provider will assist City in making the recovery by directly billing the Retail Subscriber for such expenses. City may also directly bill Carrier /Provider's Retail Subscribers for any such damages. ARTICLE 4.2 Customer Service. Carrier /Provider shall maintain a call center to field all customer service inquiries from its Retail Subscribers. Carrier /Provider shall be responsible for addressing and rectifying customer service inquiries that do not involve the Network. City shall maintain a call center accepting calls from Carrier /Provider to resolve customer service inquiries involving repair, maintenance or other contact with the Network. �o ARTICLE 4.3 Customer Connection to Network. City shall provide Network Services to Carrier /Provider to enable Carrier /Provider to provide its Retail Services to Retail Subscribers. Prior to providing Retail Services to a Retail Subscriber, Carrier /Provider shall obtain from such Retail Subscribers such licenses as may be required by City to authorize such installation. ARTICLE V -- PRICING AND PAYMENTS ARTICLE 5.1 Network Services. In consideration of City's provision of the Network to be used by Carrier /Provider for Retail Services, and as long as Carrier /Provider remains a Provider in good standing, as determined by Carrier /Provider's timely payment of its obligations to City, Carrier /Provider shall pay to City the prices and fees identified in the Product Catalog for Network Services. The fees shall be due and payable thirty (30) calendar days following Carrier /Provider's receipt of an invoice ( "Payment Due Date "). In the event Carrier /Provider disputes any fees invoiced in good faith, the details supporting such dispute must be submitted to City in writing prior to the Payment Due Date. If Carrier /Provider fails to dispute all or any portion of an invoice by the Payment Due Date, the invoice shall be deemed valid by the parties and Carrier /Provider shall have voluntarily waived all rights to dispute the same. Carrier /Provider's obligation to pay City is not contingent on whether Carrier /Provider actually received payment for the services it provided to Retail Subscribers. Carrier /Provider is responsible for its own collection of accounts receivable, the non - collection of which shall not impute any liability to City, nor relieve Carrier /Provider of its obligations under this Agreement. If Carrier /Provider fails to make any payments under this Agreement by the Payment Due Date, in addition to all other remedies at law or in equity, City may collect interest on unpaid amounts at the rate of one and one -half percent (1 %2 %) per month until Carrier /Provider is current on all payments. ARTICLE 5.2 Local Fees, Other Taxes. Carrier /Provider shall be solely responsible for the collection and remittance of all applicable federal, state and local taxes and fees, including, without limitation, income taxes, sales taxes, privilege taxes, applicable franchise or universal service fees. ARTICLE VI -- MARKETING ARTICLE 6.1 Carrier /Provider Marketing Efforts. Throughout the term, and any renewal thereof, Carrier /Provider shall use its best marketing efforts to aggressively promote its Retail Services and the Network to acquire Retail Subscribers, and to maintain good business relationships with Retail Subscribers. Carrier /Provider shall provide City: (a) a written summary of its plan for marketing Retail Services on the Network; and (b) a non - binding twelve (12) month forecast of Retail Subscribers and Retail Services. Nothing in this Agreement shall restrict or limit City's ability to independently promote, market, sell, or perform any other tasks relative to all or any portion of the Network, its Carrier /Providers, and /or the service offered across the Network. ARTICLE 6.2 Carrier /Provider's Use of City's Brand Name and /or Logo. Each party may use the other party's brand name and /or logo in such party's marketing materials, advertisements and /or press releases, provided that such use shall be in accordance with the other party's brand use guidelines that are provided from time to time. The parties acknowledge and understand that certain services may be provided to City by third parties. At City's sole discretion, Network services may also be promoted under third party brand names and /or logos. Each party's use of brand names and /or logos shall comply with the brand owner's use guidelines. Carrier /Provider shall request written consent for any press releases using City's brand names and /or logos before publication. Such consent shall be considered within twenty (20) business days and not unreasonably withheld. ARTICLE VII -- REPRESENTATIONS AND WARRANTIES ARTICLE 7.1 Representations and Warranties. Each party represents and warrants to the other party that: (a) it is duly organized and in existence in the state of its incorporation or organization; (b) this Agreement, when duly executed, shall constitute a valid, legal, and binding obligation of such party, and shall be enforceable in accordance with its terms; (c) the individual executing this Agreement on behalf of such party has been duly is authorized to sign this Agreement; (d) to the best of its knowledge, such party has not violated any rule, order or regulation issued by any government authority with respect to any license, permit, or franchise which may materially and adversely affect its right or ability to execute, and perform in accordance with the terms of, this Agreement; (e) to the best of its knowledge, no litigation or government proceeding is pending or threatened which might adversely affect this Agreement, the transactions contemplated by this Agreement, or such party's rights under, or ability to perform pursuant to the terms of, this Agreement; and (f) such party possesses sufficient financial, managerial and technical capacity and resources to perform its obligations under this Agreement. ARTICLE 7.2 Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, City MAKES NO WARRANTIES REGARDING THE NETWORK, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE NETWORK WILL OPERATE ERROR -FREE OR WITHOUT INTERRUPTION. ARTICLE VIII -- COVENANTS ARTICLE 8.1 Conduct of Business. Carrier /Provider will use its best efforts to comply in all material respects with applicable laws, regulations and government orders applicable to Carrier /Provider's use of the Network to provide Retail Services. Carrier /Provider and its end users will comply with City's Acceptable Use Policy and other policies listed at http: / /www.accesseagan.com, which City may modify from time to time in its sole discretion. ARTICLE 8.2 Privacy of Customer Information. Each party will comply with all applicable federal, state, and local laws, regulations and ordinances regarding the protection and use of customer information. The parties acknowledge that they from time to time may be required to provide a Law Enforcement Agency (LEA) with the capability to conduct electronic surveillances on the Retail Subscribers. Where City is providing the underlying network facilities for on -net local voice calls between Carrier /Provider's customers on City's Network, City agrees to provide Carrier /Provider access to any necessary elements of its Network required to comply with federal, state and local electronic surveillance requirements; provided, however, that the implementation and provision of any such electronic surveillance with respect to the Retail Subscribers shall be Carrier /Provider's sole responsibility and implemented by Carrier /Provider's employees or agents, unless otherwise required by law or to fulfill Carrier /Provider's compliance with such law. The Parties further agree no later than ninety (90) days after the Effective Date to document a method and procedure that fully sets forth the roles, responsibilities, methods, and procedures of the Parties for handling security and electronic surveillance issues related to the Retail Subscribers. Carrier /Provider shall be responsible for filing any and all reports with all applicable governmental agencies related to compliance with the provisions of this Section. On those occasions when Carrier /Provider receives a court order that requires the assistance of City to capture or monitor on -net activity, and recognizing the non - disclosure obligations that may be contained therein, Carrier /Provider shall advise the issuing authority that City's assistance is required and the issuing authority shall direct and serve the court order upon City. If either City or Carrier /Provider receives an initial inquiry from the LEA, prior to the issuance of a court order, which will require the assistance of the other party to capture or monitor on -net activity, that Party shall request the LEA to name and serve both City and Carrier /Provider. ARTICLE 8.3 Damage or Destruction. In the event any segment of the Network is damaged or destroyed, City or Carrier /Provider shall give immediate notice to the other party of the occurrence of the damage or destruction. City and Carrier /Provider shall cooperate with each other to reroute or substitute services delivered by means of the affected portion of the Network to allow for continued and least interrupted service to customers. City shall have sole repair obligation and shall use its reasonable efforts to restore or reroute service as quickly as possible so that the use of the Network is minimally disrupted. ARTICLE 8.4 Insurance. During the term of this Agreement, Carrier /Provider shall at all times, at its own cost and expense, procure and maintain insurance or some other type of comparable security as necessary to cover their respective duties assumed under this Agreement, including workers compensation, commercial general liability and property damage insurance, as well as such other insurance as may be required by law. CA Carrier /Provider shall require its respective contractors, subcontractors and agents ( "Carrier /Provider Agents ") to maintain adequate insurance coverage to respond to the types and degree of risk posed by the work performed by such parties. At a minimum, during the term of this Agreement, Carrier /Provider shall maintain, and shall require each Carrier /Provider Agent to maintain, at its or their own expense, insurance coverage with limits of no less than the following, which limits shall not be deemed to be a limit of liability on the obligations of Carrier /Provider or Carrier /Provider's Agents: (a) Commercial General Liability including contractual liability, providing coverage against liability for bodily injury, death, and third party property damages in the minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence and no less than One Million Dollars ($1,000,000) general aggregate; and (b) Automobile Liability in the minimum amount of One Million Dollars ($1,000,000) Combined Single Limit per occurrence for bodily injury and property damage (covering owned, non -owned and hired vehicles). ARTICLE 8.5 Certificates of Insurance. Carrier /Provider shall deliver to City certificates of insurance issued by the insurer or an agent of the insurer prior to the execution of this Agreement. Such certificates shall indicate that policies providing coverage and limits of insurance are in full force and effect. Carrier /Provider will have the City listed as an additional insured on the general liability and any excess /umbrella liability policies through the Carrier /Provider's insurer issuing an additional insured endorsement and provide a copy of this additional insured endorsement with the certificate of insurance. The general liability policy will provide a waiver of subrogation against City. Each certificate shall provide that no less than 30 days' written notice will be given in writing to City prior to cancellation, termination, or material alteration of any one of the policies. ARTICLE IX -- ASSIGNMENT AND SECURITY INTERESTS ARTICLE 9.1 City Financings. To finance Network construction, installation and operations, City reserves the right to grant security interests in the Network to one or more third parties. Carrier /Provider, at the request of City, shall execute such acknowledgments, subordinations and estoppel agreements as may be required in connection with City's financings. ARTICLE 9.2 Attornment. In the event that title to the Network changes as may be permitted hereunder, Carrier /Provider's obligations under this Agreement shall remain in force and in effect, and shall attorn to the benefit of the successor in title; provided, however, that any such successor in title maintains sufficient financial, managerial, and technical capacity and resources to perform its obligations under the terms of this Agreement, and such successor meets all of City's obligations and representations under this Agreement. ARTICLE 9.3 Assignment by Carrier /Provider. Carrier /Provider shall have the right to assign or transfer its interest in this Agreement with City's prior written consent which shall not be unreasonably withheld, conditioned or delayed, provided that any assignee or transferee hereunder: (a) assumes all of Carrier /Provider's obligations under this Agreement; (b) holds all necessary government authorizations, certifications and permits to provide Retail Services; and (c) in the reasonable judgment of City, possesses sufficient financial, managerial and technical capacity to perform under the terms and conditions of this Agreement. Any assignment or transfer of Carrier /Provider's interest in this Agreement in violation of this Section, at City's option, shall be void, or give City, in its sole discretion, the right to declare a termination event under Article XI of this Agreement. ARTICLE X -- LIABILITY AND INDEMNIFICATION ARTICLE 10.1 Indemnity. Carrier /Provider shall indemnify, defend and hold harmless the City and their officers, agents and employees of and from any claim, demand, lawsuit, or action of any kind for injury to or death of persons, , and damage or destruction of property, arising out of: (a) negligent or willful acts or omissions of such party, its agents, officers, directors, employees or contractors; (b) the performance by such party of any of W its obligations under this Agreement; or (c) any allegation that the indemnifying party has infringed, misappropriated or otherwise violated the intellectual property right of a third party. The obligation to indemnify shall extend to and encompass all costs incurred by City in defending such claims, demands, lawsuits or actions, including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses. Carrier /Provider shall pay any cost that may be reasonably incurred by the City in enforcing this indemnity, including reasonable attorney fees and court costs. The parties will cooperate with each other in the defense of any third party claims covering a combination of Carrier /Provider's equipment, software and the like with City's Network. ARTICLE 10.2 No Consequential Damages; Direct Damages. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, NEITHER CITY, CARRIER/PROVIDER NOR THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE TO THE OTHER FOR INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, PUNITIVE OR INDIRECT DAMAGES ARISING OUT OF THIS TRANSACTION WHETHER BY REASON OF CONTRACT, INDEMNITY, STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY OR FROM BREACH OF THIS AGREEMENT, AND REGARDLESS OF WHETHER THE PARTIES KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT, EACH PARTY HEREBY RELEASES THE OTHER PARTY OF SUCH CLAIMS. CITY'S TOTAL LIABILITY TO CARRIER/PROVIDER SHALL BE LIMITED TO THE LESSER OF THOSE AMOUNTS DUE PURSUANT TO THE SERVICE LEVEL AGREEMENTS, OR THE TOTAL AMOUNTS ACTUALLY PAID BY CARRIER/PROVIDER TO City DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ALLEGED DAMAGE OR CLAIM. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT A PARTY'S LIABILITY TO THE OTHER FOR (i) WILLFUL OR INTENTIONAL MISCONDUCT (INCLUDING GROSS NEGLIGENCE) OR (ii) BODILY INJURY, DEATH OR DAMAGE TO TANGIBLE REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY CITY'S OR CARRIER/PROVIDER'S NEGLIGENT ACT OR OMISSION OR THAT OF THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, NOR SHALL ANYTHING CONTAINED IN THIS SECTION LIMIT THE PARTIES' INDEMNIFICATION OBLIGATIONS, AS SPECIFIED IN THIS AGREEMENT. FOR PURPOSES OF THIS SECTION, AMOUNTS DUE AND OWING TO City PURSUANT TO THIS AGREEMENT SHALL NOT BE CONSIDERED TO BE INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES. In the event of a breach of this Agreement that is not otherwise cured as provided herein, and subject to the indemnification obligations in this Agreement, the parties shall be liable to each other only for direct damages. ARTICLE 10.3 Limitation of City Liability. Carrier /Provider shall have sole responsibility for the provision of Retail Services to its Retail Subscribers. City shall in no way be deemed to guarantee the adequacy of Carrier /Provider's Retail Services for such Retail Subscribers' needs or requirements. The waivers and disclaimers of liability, releases from liability, exclusive remedy provisions, and (except as expressly stated to the contrary therein) indemnity and hold harmless provisions expressed throughout this Agreement shall apply even in the event of the fault, negligence (in whole or in part), strict liability, or breach of contract of the party released or whose liability is waived, disclaimed, limited, apportioned or fixed by such exclusive remedy provision, or who is indemnified or held harmless, and shall extend to their respective affiliates and its and their respective partners, directors, officers, employees and agents. Such provisions shall continue in full force and effect notwithstanding the completion, termination, suspension, cancellation or rescission of this Agreement, or termination of the rights and privileges granted by this Agreement. No officer, director, employee, agent or other individual representative of either City or Carrier /Provider shall be personally responsible for any liability arising under this Agreement. ARTICLE XI -- BREACH AND TERMINATION ARTICLE 11.1 Termination Events. The occurrence and continuance of the following events may result in the termination of this Agreement, at the terminating party's sole discretion, subject to this Article: (a) a material breach or a material default under the terms, covenants and conditions of this Agreement by either City or Carrier /Provider, including, without limitation, the Carrier /Provider's failure to make payments when due; (b) Qb a change in any federal, state or local law, regulation or rule, or the issuance of an Order by the Federal Communication Commission, that materially impacts ownership or operation of the Network, or Carrier /Provider's use, or the terms for Carrier /Provider's use, of the Network. Upon a party's notice of termination under this Section 11.1(b), each party's sole liability is limited to meeting its respective obligations set forth in Section 11.3, as applicable, and as permitted under such change in law; (c) immediately without delivery of notice, upon: (1) the insolvency of Carrier /Provider, as determined by Carrier /Provider's inability to pay its debts to creditors as they become due, (2) the filing by Carrier /Provider of a voluntary petition in bankruptcy, (3) the involuntary commencement against Carrier /Provider of any proceedings under any law (whether United States or foreign) relating to insolvency or bankruptcy which is not vacated within 30 days, (4) adjudication of Carrier /Provider as bankrupt or insolvent pursuant to an involuntary petition, (5) the appointment by any court of competent jurisdiction of a temporary or permanent receiver, custodian, trustee or other officer having similar powers for Carrier /Provider or Carrier /Provider's business, who is not removed within 30 days, (6) any levy under attachment, garnishment, execution or any other similar process against Carrier /Provider which is not vacated within 30 days or removed by payment or bonding, or (7) any assignment by Carrier /Provider for the benefit of its creditors. Carrier /Provider shall immediately notify City in writing upon the occurrence of any of the above - listed events. Failure to do so shall constitute a breach of this Agreement; or (d) upon sixty (60) days' written notice for any or no reason. ARTICLE 11.2 Right to Cure. If the termination event is a breach or default described in Section 11. 1, the non - defaulting party shall give written notice of such occurrence to the defaulting party. The defaulting party shall be given a reasonable time to cure any breach or default as follows: (a) in the case of a monetary default for undisputed charges, the defaulting party shall have ten (10) calendar days after receipt of written notice to effect a cure; (b) in the case of a nonmonetary default, the defaulting party shall have sixty (60) calendar days after receipt of written notice to effect a cure. If the nonmonetary default cannot be corrected within such sixty (60) calendar day period, the defaulting party shall have an additional reasonable time in which to effect a cure, provided the defaulting party commences corrective action within the original sixty (60) calendar day period and thereafter diligently prosecutes the corrective action to completion. If the defaulting party does not timely cure the breach or default within the time periods specified above, the non - defaulting party may elect to terminate this Agreement by providing written notice of such election to the defaulting party. ARTICLE 11.3 Rights upon Termination. Upon the termination of this Agreement, the parties shall continue to abide by the terms of the Agreement, including the payment obligations hereof. The termination period shall last a maximum period of two (2) weeks following the date of termination notice. Carrier /Provider shall have the right to use the Network to deliver Retail Services during the termination period only as necessary to continue service to existing Retail Subscribers until such Retail Subscribers are migrated to any alternative Carrier /Provider. Carrier /Provider shall use best commercial efforts to transition its Retail Subscribers to another Carrier /Provider using the Network, if available, within two (2) weeks after the date of termination notice. Following the two (2) week period after the date of termination notice, City may directly transfer Carrier /Provider's Retail Subscribers to alternative City Carrier /Providers, or to any other alternative solution reasonably necessary to maintain the Retail Subscribers continuity of services, and City may take such other reasonable actions that may be necessary to prevent service disruptions to Retail Subscribers as a result of the termination of this Agreement. ARTICLE XII MISCELLANEOUS ARTICLE 12.1 General. This Agreement shall constitute the entire agreement and understanding of the Parties with respect to the subject matter hereof, and shall supersede all offers, negotiations and other agreements with respect thereto. Any amendment to this Agreement must be in writing and executed by the authorized representatives of each Party. This Agreement may be executed in any number of counterparts and by each of the Parties hereto on separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Any signature page of this Agreement may be detached from any counterpart and reattached to any other counterpart hereof. The facsimile transmission of a signed original of this Agreement or any counterpart hereof and the retransmission of any 8 (�4 signed facsimile transmission hereof shall be the same as delivery of an original. If any term or provision of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be void, voidable or unenforceable, such void, voidable or unenforceable term or provision shall not affect any other term or provision of this Agreement. Whenever the context shall require, the plural shall include the singular, the whole shall include any part thereof, and any gender shall include both other genders. The article, section and paragraph headings contained in this Agreement are for purposes of reference only and shall not limit, expand or otherwise affect the construction of any provisions hereof. All references in this Agreement to articles, sections and paragraphs, unless expressly noted otherwise, are to articles, sections and paragraphs contained in this Agreement. City and Carrier /Provider reserve no control whatsoever over the employment, discharge, compensation of or services rendered by the employees or contractors of each other. Nothing in this Agreement shall be construed as inconsistent with the foregoing independent status and relationship or as creating or implying a partnership or joint venture between City and Carrier /Provider. There are no third party beneficiaries to this Agreement. ARTICLE 12.2 Governing Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Minnesota. For all litigation which may arise with respect to this Agreement, the parties irrevocably and unconditionally submit to the non - exclusive jurisdiction and venue (and waive any claim of forum nonconveniens) of the federal court or Dakota County district court in Minnesota. For all litigation which may arise with respect to this Agreement, the parties irrevocably and unconditionally submit to the non - exclusive jurisdiction and venue (and waive any claim of forum nonconveniens) of the federal court or Dakota County district court in Minnesota. For all litigation which may arise with respect to this Agreement, the parties irrevocably and unconditionally submit to the non- exclusive jurisdiction and venue (and waive any claim of forum nonconveniens) of the federal court or Dakota County district court in Minnesota. For judgment collection purposes only, the parties further consent to the jurisdiction of any state court located within a district which encompasses assets of a party against which a judgment has been rendered for the enforcement of such judgment or award against the assets of such party. ARTICLE 12.3 Commissions and Costs. No brokerage, finder's or other fee, commission or compensation shall be paid by either party in connection with the transaction contemplated by this Agreement. The parties shall indemnify and hold each other harmless (including attorney fees and costs) from and against any and all claims for brokerage and finder's fees or commissions which may be asserted against the other based on the actions or omissions of the indemnifying party. Except as otherwise set forth in this Agreement, each party shall be responsible for its own costs, including legal fees, incurred in negotiating and finalizing this Agreement. ARTICLE 12.4 Construction and Interpretation. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been negotiated by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it. This Agreement shall be binding upon and shall inure to the benefit of City, Carrier /Provider and their respective successors and assigns. ARTICLE 12.5 Excuse of Performance. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable or responsible for a delay or failure in performing its obligations (other than Carrier /Provider's obligations to make payments for Network Services already provided by City) under this Agreement caused by Force Majeure. If either City or Carrier /Provider cannot fulfill any of its obligations under this Agreement by reason of Force Majeure, such party shall promptly notify the other and shall exercise due diligence to remove such inability with all reasonable dispatch; provided, that nothing contained in this Agreement shall be construed as requiring City or Carrier /Provider to settle any strike, work stoppage or other labor dispute in which it may be involved, or to accept any permit, certificate, license or other approval on terms deemed unacceptable to such party, or to enter into any contract or other undertaking on terms which the party WORN— am deems to be unduly burdensome or costly. If the nature or duration of the Force Majeure event is such that either party is irreparably harmed to the extent that both parties agree that the affected party is unable to perform its obligations under this Agreement, then the affected party shall be held harmless and have the right to terminate this Agreement as provided herein. ARTICLE 12.6 Waivers. The failure by either party at any time or times hereafter to require strict performance by the other of any of the undertakings, agreements or covenants contained in this Agreement shall not waive, affect or diminish any right of either party to demand strict compliance and performance therewith. None of the undertakings, agreements or covenants of the parties under this Agreement shall be deemed to have been waived unless such waiver is evidenced by an instrument in writing signed by the party to be charged specifying such waiver. ARTICLE 12.7 Notices. Unless otherwise specifically provided in this Agreement, any notice or other communication herein required or permitted to be given shall be in writing and may be personally served, faxed, emailed or sent by courier or United States certified mail and shall be deemed to have been given when delivered in person or by courier service, upon receipt of a telecopy or telex, or five (5) days after deposit in the United States mail, with postage prepaid and properly addressed, as follows: if to City to: and if to Carrier /Provider, to: Such addresses may be changed by notice to the other party given in the same manner as above provided. ARTICLE 12.8 Attorney. If either party defaults in any of the covenants or agreements contained herein, the defaulting party shall pay all costs and expenses, including reasonable attorney fees and costs, incurred by the non - defaulting party to protect its rights hereunder, regardless of whether an action is commenced or prosecuted to judgment. ARTICLE 12.9 Survival. In the event of termination or upon expiration of this Agreement, those provisions that normally would survive, shall survive, and continue in full force and effect. Effective Date written above. City: City of Eagan By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Cleric 10 • n • ' A GAN i A fiber service for business PROPERTY OWNER CONNECTION AGREEMENT The agreement authorizes the City of Eagan to make a connection to the AccessEagan broadband network. You will then be able to purchase services from the carriers and /or providers that operate on the AccessEagan network. Business (name / address): Yes, I accept a fiber connection to the AccessEagan network that will provide my business with access to telecommunications services from several competing carriers and /or providers. No, I do not accept. IMPORTANT: If you are renting, this agreement must be signed by the Owner of the Property. OWNER: By my signature below, I, as the fee owner of this property, authorize the City of Eagan to connect this structure to the AccessEagan broadband network. I also grant permission to the City's Construction Contractor and other employees or agents to enter my property for the purpose of constructing, inspecting, repairing, removing, relocating, replacing, and maintaining the said network connection. This permission is predicated on the basis that the contractor will restore my property to a condition equal to or better than when the work commenced. If the work to be performed is only for installation of a connection to AccessEagan, no additional documentation of my authorization is necessary. If the work to be performed includes construction of any other kind, my signature on an additional contract will be required prior to the commencement of work. I acknowledge that after the installation of the fiber to the AccessEagan broadband network I own and am responsible for all maintenance of the fiber connection from the City right -of -way to the building located on the property. Please check the following statements that apply to you: ❑ I am the fee owner of the property ❑ Building has a telecom closet or conduit on the interior ❑ Property is fenced ❑ Property is NOT fenced Owner: Name: Signature: Business: Address: Date: a Agenda Information Memo December 18, 2012, Eagan City Council Meeting CONSENT AGENDA: Y. Approval of a Master Subscriber Agreement and an Amendment that will allow Prosecutors computerized access to court records. ACTION TO BE CONSIDERED: Approve a Master Subscriber Agreement and an Amendment that will allow Prosecutors computerized access to court records. FACTS: • The Minnesota State Court Administration is developing a paperless system for court records. • Before the new system was in place, court administration provided paper copies of court records to the City's prosecuting attorneys. • The City of Eagan has the authority to access court records. • The "master" agreement extends the City's authority to view court records to the prosecuting attorney where information can be viewed electronically. • The amendment is specific to a pilot program in Dakota County. The program is termed "FAST Access" and allows court data to be forwarded to prosecutors electronically. • The master agreement and its amendment have been reviewed by the city attorney. ATTACHMENTS: A copy of the agreement is attached as pages '�V� through � 19 MUSA MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between City of Eagan / Eagan Police Department (Government Subscriber Name / Name of Entity) of 3830 Pilot Knob Road Eagan , MN 55122 (Government Subscriber Address) (hereinafter "Government Subscriber ") and THE STATE OF MINNESOTA Office of State Court Administration (Judicial District OR Office of State Court Administration) of 25 Rev. Dr. Martin Luther King Jr. Blvd, St. Paul, Minnesota 55155 (hereinafter "the Court "). Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access, The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same, to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self - regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one -way or two -way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber's "Legitimate Governmental Business Need" as defined herein. The access to statewide public Court Documents is a pilot program. During the initial phase of the pilot program, the State will not charge Government Subscriber for access to Court Documents, The State may charge Government Subscriber for access to Court Documents at a later date or after the initial phase of the pilot program concludes. Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Court and Government Subscriber agree as follows: Plaster Subscriber Agreement for Minnesota Court Data Services for Governmental /agencies -- Revised October 12. '(O12 Page 1 or A 11 Fn, 1. TERM; TERMINATION; ONGOING OBLIGATIONS. 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEI+INITIONS. 2.1 "Court Data Services" means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www. courts. state. mn.us, or other location designated by the Court and /or its affiliates, as the same may be amended from time to time by the Court and /or its affiliates: 2.1.1 `Bulls Data Delivery" means the electronic transmission of Court Records in bulls form from the Court to the Government Subscriber, from one or more of the Court's databases and through any means of transmission, as described in applicable Policies & Notices and materials referenced therein. 2.1.2 "Court Integration Services" means pre - defined automated transmissions of i) Court Records from the Court's computer systems to Government Subscriber's computer systems; and /or ii) Government Subscriber Records from the Government Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre - determined events, as described in applicable Policies & Notices and materials referenced therein. 2.1.3 "MNCIS Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents through the Minnesota Court Information System ( "MNCIS "), as described in applicable Policies & Notices and materials referenced therein. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised October '12, 20'12 Page 2 of 15 2.1.4 "VIBES Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records through the Violations Bureau Electronic System ( "ViBES "), as described in applicable Policies & Notices and materials referenced therein. 2.2 "Court Data Services Databases" means any databases and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. 2.3 "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. 2.4 "Court Documents" means electronic images of documents that are part of or included in a court file when the electronic images become available. Court Documents have a document security classification as follows: 2.4.1 "Publicl" means the classification used for documents that are accessible to the general public in electronic form from any location. 2.4.2 "Public2" means the classification used for documents that are accessible to the general public in electronic form at the courthouse, but not from any other location. 2.4.3 "Public2 Citation" means the classification used for Court Payment Center documents that are accessible to the general public in electronic form at the courthouse, but not from any other location. 2.4.4 "Confidentiall" means the classification used for documents that are not accessible to the general public in electronic form, but are available to Government Subscribers with legal authorization to access the case under Minn. R. Pub. Access S, subd. 4(b). 2.4.5 "Confidential2" means the classification used for documents that are not accessible to the public in electronic form and is not accessible to Govermnent Subscribers except as authorized by specific court rules or orders that identify the specific document to be accessed. 2.4.6 "Sealedl" means the classification used for documents that are not accessible to anyone except by court order or specific authorization. 2.5 "Court Records" means all information in any form made available by the Court and /or its affiliates to Government Subscriber for the purposes of carrying out this Agreement, including: 2.5.0 "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, ,,vhen available, as defined herein. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised October 12, 20'12 Page 3 of 15 ` ()k 2.5.1 "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.2 "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP /IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.3 "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. 2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 "Government Subscriber Records" means any information in any form made available by the Government Subscriber to the Court and /or its affiliates for the purposes of carrying out this Agreement. 2.8 "Government Subscriber's Individual Users" means Government Subscriber's employees or independent contractors whose use or access of Court Data Services, as well as the access, use and dissemination of Court Records and Court Documents, is necessary to effectuate the purposes of this Agreement. 2.9 "Legitimate Governmental Business Need" means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self - regulatory body. 2.10 "Policies & Notices" means the policies and notices published by the Court and /or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and /or its affiliates, as the same may be amended from time to time by the Court and /or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms, that Government Subscriber may need to procure separately to use Court Data Services. 2.11 "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables Master Subscriber Agreement for Minnesota Court data Services for Governmental /agencies — Revised October 12, 20,12 Page 4 of 15 1 b D, published from time to time by the Court and /or the SCAO entitled "Limits on Public Access to Case Records" or "Limits on Public Access to Administrative Records," all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the main website for the Court, for which the current address is www.courts.state.mn.us. 2.12 "SCAO" means the State of Minnesota, State Court Administrator's Office. 2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8. 1, 8.2 and 8.4 of this Agreement. 2.15 "User Acknowledgement Form" means the form attached to this document as Exhibit B, signed by Government Subscriber's Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement. 3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Data Services described in. Exhibit A, attached hereto and incorporated by reference. 4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT RECORDS AND COURT DOCUMENTS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services, Court Records and Court Documents. 4.1.1 Government Subscriber and Govermnent Subscriber's Individual Users shall access only the Court Data Services, Court Records and Court Documents, when available, necessary for a Legitimate Governmental Business Need. 4.1.2 The access of Court Data Services, Court Records or Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users for personal or non - official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.1.3 Government Subscriber and Government Subscriber's Individual Users shall not access or attempt to access Court Data Services, Court Records or Court Documents, when available, in any manner not set forth in this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies —Revised October '12, 2012 Page 5 of 15 `a*�> Agreement, Policies & Notices, or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services, Court Records and Court Documents. 4.2.1 Government Subscriber and Government Subscriber's Individual Users shall use the Court Data Services, Court Records and Court Documents, when available, accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. 4.2.2 The use of Court Data Services, Court Records or Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users for personal or non - official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber's Individual Users shall not use or attempt to use Court Data Services, Court Records or Court Documents, when available, in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.3 Dissemination of Court Records and Court Documents. Government Subscriber and Government Subscriber's Individual Users shall not share the Court Records or Court Documents, when available, accessed and data therefrom with third parties and other individuals other than as needed to fitrther a Legitimate Governmental Business Need. 4.4 Training. Goveri rent Subscriber shall provide Government Subscriber's Individual Users training in the access, use, and dissemination of Cowl Records and Court Documents, 4.5 Violations. 4.5.1 The access or use of Court Data Services, Court Records or Court Documents, when available, beyond what is necessary for a Legitimate Governmental Business Need by Government Subscriber or Government Subscriber's Individual Users is a violation of this Agreement. The dissemination of Court Records or Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users with third parties or other individuals beyond what is necessary for a Legitimate Govermnental Business Need is a violation of this Agreement. The access, use and dissemination of Court Data Services, Court Records or Court Documents, when available, by Government Subscriber or Goveriunent Subscriber's Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or Master SUbseriber Agreement for Minnesota COUri Data Services for Caoverrrrrie rntat Agendes, -- Revised Octobei 12„ 2012 Page 6 of 15 4 Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users shall be grounds for the Count to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and /or Government Subscriber's Individual Users. 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and /or Government Subscriber's Individual Users and may include the suspension of access or termination of access for Government Subscriber and /or Government Subscriber's Individual Users, 4.6.2 If the Court decides to terminate the access for Government Subscriber and /or Government Subscriber's Individual Users, the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Govermnent Subscriber and/or Goverment Subscriber's Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees; 5.1 To not disclose Court Confidential Information, or Court Documents, when available, to any third party except where necessary to carry out the Government Subscriber's Legitimate Governmental Business Need as defined in this Agreement. 5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and` security of Court Confidential Information and Court Documents, when available, and to satisfy Government Subscriber's obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber's Individual Users. Government Subscriber shall advise Government Subscriber's Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber's Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber's Individual Users shall sign the Acknowledgment Form attached in Exhibit B before accessing Court Data Services. 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government Subscriber and Government Subscriber's Individual Users with respect to the confidentiality and security of Court Confidential Information and Court Documents, when available, shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber, 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber's Individual Users under this Agreement, such obligations of Government Subscriber and (Master Subscriber Agreement for Nlinnesota Court Data Services for Governmental Agencies — Revised October 12, 2012 Page 7 of 15 I () J Government Subscriber's Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Govermnent Subscriber's agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber's Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and /or Government Subscriber's Individual Users access to Court Data Services, Court Records and Court Documents, when available. 6. APPLICABILITY TO COURT CASE' INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber's access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6. 1, all Court Records and Court Documents disclosed to Govermnent Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. 7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber's Individual Users. To effect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber's Individual Users who are permitted to use and /or access Court Data Services, Court Records and Court Documents, when available, under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber's Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber's Individual Users to sign the User Acknowledgement form (Exhibit B), 7.2.2 The User Acknowledgement Forms of current Government Subscriber's Individual Users must be obtained prior to submitting thus Agreement to the Court for approval and shall accompany the submission of this Agreement for approval. Plaster Subscriber Agreement for Minnesota Court Data Services for Governmental Agerides — FZ'evised October 12, 2012 Page S of 15 b D (O 7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is obtained, a Government Subscriber's Individual User is prohibited from accessing, using or disseminating Court Data Services, Court Records or Court Documents, when available. The access, use or dissemination of Court Data Services, Court Records or Court Documents by a Government Subscriber's Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written acknowledgements on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Court Records and Court Documents, when available. SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects, and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors, 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." 8.4 Restrictions on Duplication, Disclosure, and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Information. In addition, Government Subscriber will not copy any part Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised October 12, 2012 Page 9 of 15 � b'l of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement, 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber's Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and /or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and /or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Master Subscriber Agreement for Minnesota Court Data Services for Uovemme,ntaI Agencies — Revised October '12, 2012 Page 10 of 15 1 oz Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including, but not limited to, a time -out feature, to Court Data Services Programs. 9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government Subscriber's obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government. Subscriber shall be liable to the Court, SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court, SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 11. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and /or temporarily suspend Govermnent Subscriber's approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Govenument Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies & Notices. Upon failure of the Master Subscriber Agreement for Minnesota Court Data Sewices for Governmental Agencies — Revised October 12, 2012 Page 11 of 15 �do� Government Subscriber option of immediately Court Data Services o n Agreement, 12.2 Access and Use; Log. to comply with such policies, the Court shall have the suspending or terminating the Government Subscriber's a temporary basis and /or immediately terminating this 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services, Court Records, and Court Documents by Government Subscriber's Individual Users or by means of Government Subscriber's equipment or passwords, whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such logs upon request. 12.2.3 The Court may conduct audits of Government Subscriber's logs and use of Court Data Services, Court Records, and Court Documents from time to time. Upon Government Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3 Personnel. Government Subscriber agrees to investigate, at the request of the Court, allegations of misconduct pertaining to Government Subscriber's Individual Users having access to or use of Cotrtt Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber agrees to notify the Court of the results of such investigation. 13. FEES; INVOICES; FEES DURING PILOT PROGRAM. 13.1 Fees and Invoices. Applicable monthly fees commence ten (10) days after notice of the Court's approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable tares, if any, and payment of all amounts shall be due upon receipt of invoice, If all amounts are not paid within thirty (30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Subscriber and pursue all available legal remedies. Government Subscriber certifies that funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. Master Subscriber Agreement for Minnesota Court Data Services for Govemrrie ntal Agencies — Revised October '12.20,12 Wage 12 of 15 GAD 13.2 Fees During Pilot Program. During the initial phase of the access to Court Documents pilot program, the State will not charge Government Subscriber for access to Court Documents. The State may charge Govermnent Subscriber for access to Court Documents at a later date. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty (30) days from the publication of the Policies & Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof, 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE , THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16. RELATIONSIIIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy -two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON - WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to Nlaster Subscriber Agreement for Minnesota Court Data Services For Governmental Agencies — Revised October 12, 2012 Page 13 of 15 M exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by. acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber, 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that; (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat, section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised October 12, 2012 Page 14 of 15 «a law; and (4) these applicable restrictions must be followed in the appropriate circumstances, IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement in duplicate, intending to be bound thereby. 1. GOVERNMENT ' SUBSCRIBER 2, Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity, such a council resolution, board authority or legally binding decision maker and attach same as Exhibit C. By By (SIGNATURE) Date Date Name (typed) Title Office THE COURT (SIGNATURE) Name (typed) Mark Moore Title CIO /Director Information Technology Division of State Court Office Administration Master Subscriber Agreement for Minnesota Court Data Services for Governmental /Agencies — Revised October 12, 20'12 Page 15 of 15 k Q's MASTER SUBSCRIBER AGREEMENT AMENDMENT FOR "FAST ACCESS" THIS AGREEMENT AMENDMENT is entered into by and between City of Eagan / Eagan Police Department (Government Subscriber Name / Name of Entity) of 3830 Pilot Knob Road Eagan, MN 55122 (Government Subscriber Address) (hereinafter "Government Subscriber ") and THE STATE OF MINNESOTA Office of State Court Administration , (Judicial District OR Office of State Court Administration) of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 , (Address) (hereinafter "the Court"). Recitals This Master Subscriber Agreement Amendment for FAST Access ("Amendment ") modifies and supplements the Master. Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between Government Subscriber and the Court ("Agreement "). This Amendment provides the framework for Government Subscriber's Individual Users access to FAST Access. FAST Access provides certain, qualified individual users with web -based access to Court Records and Court Documents in cases where they qualify for access. Amendment The Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies is modified and supplemented by the addition of the following provisions. 1. DEFINITIONS. The definitions of the Agreement are incorporated herein. 1.1 " MNCIS Government Access" means the web -based software that provides government agencies with remote Internet access to electronic records in MNCIS. 1.2 "FAST Access" (First Appearance Support Track) means a MNCIS Government Access login that provides Government Subscriber's Individual Users with access to Court Records and Court Documents at the court facility and any detention area, as designated by county court administration, in cases scheduled on the first appearance, bail hearing, and arraignment calendars where prosecutors and defense attorneys typically do not yet have a case file and need access to the documents filed with the court, [Individual Users that qualify for FAST Access are currently limited as described in Clause 1.3 of this Amendment.] Government Master Subscriber Agreement Amendment for FAST Access — Reprised hlavernber J, 2012 Page I of h qty Subscriber's Individual Users will be provided with daily passwords to FAST Access by county court administration for use dining the court calendar. 1.3 "FAST Access Dakota County Pilot" means the pilot FAST Access program being tested in Dakota County Adult Criminal Courts. Under the FAST Access Dakota County Pilot, qualified Government Subscriber's Individual Users will be limited to government attorneys and contract attorneys, and any student attorneys under their supervision, who practice in Dakota County Criminal Court proceedings on behalf of Government Subscriber. During the initial phase of the Dakota County Pilot, the State will not charge Government Subscriber or Government Subscriber's Individual Users for access to FAST Access. The State may charge for access to FAST Access at a later date. 2. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT SUBSCRIBER'S INDIVIDUAL USERS. This clause modifies Clause 3 of the Agreement, Following execution of the Agreement and this Amendment by both parties, Government Subscriber's Individual Users who qualify for access must sign the FAST Access User Acknowledgement form to be granted the access through the NINCIS Government Access application to the extent described in this clause. 2.1 FAST Access Dakota County Pilot Access. 2.1.1 Dakota County Access. In the FAST Access Dakota County Pilot, Government Subscriber's Individual Users who are present in court to represent parties in court on that day, and who have signed the FAST Access User Acknowledgement form, may access and use certain Court Records and Court Documents in Dakota County adult criminal cases only for a "Legitimate Governmental Business Need." For purposes of FAST Access, a "legitimate governmental business need" is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or govermnental responsibilities that is required or authorized by law or court rule in connection with the Individual User's cases on the court calendar for that day. Such access and use of Court Documents will be limited to Court documents that have been assigned the following security classifications: Public I, Public2, Public2 Citation, Confidentiall, and Confidential2. Such access and use will not include Court Documents that have the security classification Sealedl. Access is limited to the court calendar for which access was granted, for legitimate government business needs as defined above, and is limited to access from the designated court and detention facilities. Access at any other time, for any other purpose, or from any other location is prohibited. 2.2 FAST Access. [Access provided to FAST Access users outside of the Dakota County Pilot is reserved.] 3. AUTHORIZED ACCESS TO FAST Access. Master Subscriber Agreement Amendment for FAST Access — Revised November 9, 2012 Page 2 of 4 ``E 3.1 Access for Government Subscriber's Individual User. Individual Users who are granted access to cases through FAST Access will be provided with a login and password if they are attorneys or student attorneys appearing in court tinder the supervision of an attorney. Passwords will change on a daily basis and will be received by court administration and provided to qualified Individual Users who appear for a daily calendar. Passwords may not be shared, 3.2 Notice When a Government Subscriber's Individual User should no Longer Receive FAST Access. Individual Users that no longer work for Government Subscriber, or who no longer need FAST Access to fulfill a "Legitimate Governmental Business Need" as defined in the Agreement, should not have FAST Access. Government Subscriber shall immediately notify the Court whenever an Individual User no longer works for Government Subscriber or no longer needs FAST Access to fulfill a "Legitimate Goveriunental Business Need" as defined in the Agreement. 4. WARRANTY DISCLAIMERS. The warranty disclaimers listed in Clause 15 of the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies is modified to include the following. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH FAST ACCESS DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. THE COURT MAKES NO WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE COURT RECORDS AND COURT DOCUMENTS PROVIDED THROUGH FAST ACCESS. 5. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS AND COURT DOCUMENTS UNDER THIS AGREEMENT. Pursuant to Clause 7 of the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, Government Subscriber's Individual Users are required to sign an Authorization Form before being provided access to Court Data. For FAST Access, Government Subscriber's Individual Users are required to sign a FAST Access specific Acknowledgment Form before being provided a FAST Access login and password. Master Subscriber Agreement Amendment for FAST Access — Revised November 0, 2012 Page 3 of I `� IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement in duplicate, intending to be bound thereby. 1. GOVERNMENT SUBSCRIBER 2. THE COURT Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity, such as a council resolution, board authority or legally binding decision maker and attach same as Exhibit C. By By (SIGNATURE) (SIGNATURE) Date Date Name (typed) Name (typed) Mark Moore Title Title CIO /Director Information Technology Division of State Court Office Office Administration h /laster Subscriber Agreement Amendment for FAST Access — Revised nlovernber J, 2012 Page 4 of 4 �\q Agenda Information Memo December 18, 2012, Eagan City Council Meeting Z. APPROVE EXEMPT PERMIT FOR FRIENDLY HILLS MIDDLE SCHOOL PTA TO HOLD A RAFFLE ON FEBRUARY 1, 2013 AT LOST SPUR GOLF AND EVENT CENTER ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Friendly Hills Middle School PTA to conduct a raffle on February 1, 2013 at Lost Spur Golf and Event Center, 2750 Sibley Memorial Highway. FACTS: ➢ Friendly Hills Middle School PTA has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page �q (The application is available from the Office of the City Clerk.) RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FRIENDLY HILLS MIDDLE SCHOOL PTA WHERAS, Friendly Hills Middle School has applied for an Exempt Permit to conduct a raffle on February 1, 2013; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Friendly Hills Middle School PTA to conduct a raffle on February 1, 2013 at 2750 Sibley Memorial Highway in Eagan. Motion by: Seconded by: Those in favor: Those against: Date: December 18, 2012 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of December, 2012. City Clerk w� Agenda Information Memo December 1$, 2012 Eagan City Council Meeting PUBLIC HEARINGS A. 2013 Fee Schedule ACTION TO BE CONSIDERED: To close the public hearing and adopt a resolution approving the 2013 Fee Schedule establishing fees for various City services, supplies and materials. FACTS: • Per Minnesota Statutes 462.353, the adoption of a fee schedule requires publication at least 10 days prior to a public hearing. The notice was published on December 7. • Fees are reviewed annually by staff. Fee increases are proposed by the departments charging the fee. Proposed increases are reviewed for propriety and compiled for presentation to the Council by the Finance Director. • Typically, proposed Parks and Recreation fees reflect those approved by the Advisory Parks Commission; however, the APrC was not able to approve them at the November meeting due to lack of quorum, so it will review them at its December 17 meeting. The proposed fee schedule reflects Parks and Recreation staff reconunendations. If the APrC suggests changes on December 17, staff will advise of the changes at the Council meeting. ATTACHMENTS: A summary of notable changes for 2013, referencing the fee schedule page numbers, not the packet page numbers, is attached on page 1 a 1 • copy of the resolution adopting the 2013 Fee Schedule is attached on page I a' • copy of the existing 2012 Fee Schedule marked up with proposed changes for 2013 is attached on pages 1 a3 through 1 tE '5 . k ao 2013 Fee Schedule Summary of Notable Proposed Changes December 18, 2012 Pages 2 -3 Amusement establishment, golf driving range, parade, and stables licensing were discontinued by the Council in February 2012. Chicken permit was added in October. Page 9 Mechanical and plumbing permits are generally increased $5. Page 12 Connection /availability charges are increased 2.2% per our customary use of the Engineering News Review construction inflation index. Page 13 Public utility rate increases /decreases are proposed as follows. Staff is adapting the 2010 Springsted rate study model to look out 10 -20 years for capital and operating needs for each utility: • Water – No change in volume rates or fixed rate per billing • Sanitary sewer – 3.3% increase in volume rate from $3.00 to $3.10 /thous gal; fixed rate is increased from $1.55 to $1.60. • Street lighting – 4.4 % increase • Storm drainage – 5.3% increase The monthly utility bill for all utilities— water, sanitary sewer, street lighting, storm drainage —for a typical household that uses 20,000 gallons of water in the winter will increase $ .95 from $36.82 to $37.77, a 2.6% overall increase. Page 14 Water meter removal /installation fee (for outside meters that would otherwise freeze in winter) is implemented as a charge for each trip, and restricted to inspection -only services, not actual installation and removal, per the Council's recommendation at the November 13 special meeting. Page 15 Water meter prices are up. Prices are based on the City's cost. Page 16 Street assessment rates are increased 2.2% per our customary use of the Engineering News Review construction inflation index. Page 17 -18 Parks & Recreation fees are proposed to change per staff recommendations to the APrC, which is meeting Monday, December 17 to review fees. Generally, fees are increased 3% to help offset increased costs. An hourly rate for weekday rentals at Moonshine Retreat Center was added with a two -hour minimum. Eagan Room rentals were simplified down to resident /non - resident rates. Page 19 Cascade Bay rates are generally unchanged; Civic Arena rate increases were approved with the Civic Arena budget in August. Page 27 City attorney rates are up 2.0% in 2013 after no increase from 2011 to 2012. Page 28 Antenna lease annual rentals are increased 6% per existing contract provisions. One- time fees for initial installation are also increased to cover staff time and other costs. ka\ RESOLUTION CITY OF EAGAN APPROVING THE 2013 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 as listed in the attached shall be effective immediately: Motion by: Seconded by: Those in Favor: Those Against: Date: December 18, 2012 CITY OF EAGAN CITY COUNCIL Its Mayor Attest: Its Clerk CERTIFICATION I, Christina Seipioni, City Cleric 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 18th day of December, 2012. Christina Scipioni, City Cleric � as f x � J F n A To be approved by the City Council at its December 18, 2012 meeting. Fees are effective January 1, 2013. dab Table of Contents Page Licenses and Permits Alcohol......................................................................................... ..............................1 Other............................................................................................ ..............................2 Tobacco and Liquor License Violations ....................................... ..............................3 DevelopmentReview ................................................................................ ..............................4 Construction- related and Right -of -Way Permits ....................................... ..............................5 EscrowDeposits ....................................................................................... ..............................6 Other Development- related Charges Park, Trail, Water Quality Dedication ........................................... ..............................7 Tree Mitigation / Replacement ....................................................... ..............................7 Inspections Fees /Permits BuildingPermits ........................................................................... ..............................8 MechanicalPermits ...................................................................... ..............................9 PlumbingPermits ......................................................................... ..............................9 Fire Suppression and Fireworks Permits ..................................... ..............................9 OtherInspections ..................................................................... ............................... 10 StateSurcharge ....................................................................... ............................... 11 Utilities Fees /Charges Connection /Availability Charges .............................................. ............................... 12 UserRates ............................................................................... ............................... 13 OtherUtilities Fees .................................................................. ............................... 14 WaterMeters ........................................................................... ............................... 15 Street and Trail Special Assessment Rates ......................................... ............................... 16 Other Assessment - related Charges ..................................................... ............................... 16 Parks and Recreation Charges ............................................................. ............................... 17 CascadeBay Fees ................................................................................ ............................... 19 CivicArena Fees ................................................................................... ............................... 19 CommunityCenter Fees ....................................................................... ............................... 20 Wetland Conservation Application Fees ............................................... ............................... 23 Police Department Charges .................................................................. ............................... 24 Fire Department Charges ..................................................................... ............................... 25 EquipmentRates .................................................................................. ............................... 26 Staff and City Attorney Rates ................................................................ ............................... 27 Miscellaneous Fees / Charges ................................................................ ............................... 28 Summary of Connection Charges ......................................................... ............................... 31 Ga►A City ofCap 2013 DRAFT Fee Schedule ALCOHOL LICENSES AND PERMITS Beer Application and investigation Off -sale license On -sale license Temporary license Liquor Application and investigation Off -sale license On -sale license Annual sales < $275,000 Sales $275,000- 550,000 Sales > $550,000 Sunday license On -sale club license < 200 club members 201 -500 club members 501 -1,000 club members 1,001 -2,000 club members 2,001 -4,000 club members 4,001 -6,000 club members > 6,000 club members Temporary (up to 3 days) Wine Application and investi On -sale license i` Sundaylicense Daily consumptio Annual consurn;pl Daily sports or cc Annual sports`or Duplicate license Change in many isplay convention Fee $ 500.00 (1) 100.00 450.00 25.00 500.00 (2) 200.00 Acct Code 1101.4239 0401.4056 0401.4056 0401.4056 1101.4239 0401.4055 0401.4055 1101.4239 0401.4055 0401.4055 0401.4055 0401.4230 1101.4239 (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and S� investigation fee is $50Y ,0 00 (Acct code 9001.2248) (2) Also requires additional fee.of $200 /person or entity beyond five having an interest in the proposed licensed establishment. A $1,000 dscrow.for up to five applicants residing outside of the state is required, plus $200 /person beyond five with an interest. 1 City ofEap 2013 DRAFT Fee Schedule OTHER LICENSES AND PERMITS Contractors license - Plumbing OR Sewer and Water Unlicensed Dance hall - initial investigation Dance hall - annual permit Dance, public - single event Dangerous dog registration Registration, sign, and tag (I Development- related permits Dog license (2 -year) [Licenses are;,alsokavaila all Eagan veterinary clinic Duplicate dog tag+ Gambling - investiga r n Golf cart, motorized permit___' MN Dept of Healt��B,ond & Ins. C`er�f ($25,000), and ,`M „N1Master Plumbers ABC, LECE7;or "`MUCA Pipelayer Tra Certification & MN Dept of Health Contractor Bond:C.ertificate ($25,000) 300.00 "F : ` 1101.4239 300,00 sky., 0401.4112 50.00 100 00v >, 1101.4061 See pages 4 through 7 1101.4061 2.00 Fee 250.00 Acct Code Adult establishments: 0401.4114 DAW A070 Kennel permit - initial 100.00 Investigation $ 300.00 Requires $1,000 escrow 1101.4239 Annual license 5,000.00 1101.4239 0401.4067 Adult companionship /escort service provider: includes 1 therapist license 0401.4064 Massage therapist - investigation 100.00 Investigation 300.00 Requires $1,000 escrow 1101.4239 Annual license (one license included w/ 850.00 0401.4067 adult establishment license) Amusement me ry- ma-xim- ms) Per esta- bl+Shment 5.00 -04044062 plus Per manhine 150 --,_ Z Chicken 50,00_ ; R 0401.4116 Contractors license - Plumbing OR Sewer and Water Unlicensed Dance hall - initial investigation Dance hall - annual permit Dance, public - single event Dangerous dog registration Registration, sign, and tag (I Development- related permits Dog license (2 -year) [Licenses are;,alsokavaila all Eagan veterinary clinic Duplicate dog tag+ Gambling - investiga r n Golf cart, motorized permit___' MN Dept of Healt��B,ond & Ins. C`er�f ($25,000), and ,`M „N1Master Plumbers ABC, LECE7;or "`MUCA Pipelayer Tra Certification & MN Dept of Health Contractor Bond:C.ertificate ($25,000) 300.00 "F : ` 1101.4239 300,00 sky., 0401.4112 50.00 100 00v >, 1101.4061 See pages 4 through 7 1101.4061 2.00 1101.4061 250.00 1101.4239 25.00 tin nn 0401.4114 DAW A070 Hunting, bow permit - resident %e 10.00 1101.4120 Hunting, bow permit - non - resident 25.00 " Kennel permit - initial 100.00 0401.4060 Kennel permit - renewal 50.00 0401.4060 Massage therapy establishment - investigation $ 300.00 1101.4239 Massage therapy establishment - license 300.00 includes 1 therapist license 0401.4064 Massage therapist - investigation 100.00 1101.4239 Massage therapist - license 25.00 0401.4064 * Dog licenses purchased in the second year of the two -year period are $20.00; fee is not prorated 2 L Ql� (a 41111ityflapn 2013 DRAFT Fee Schedule OTHER LICENSES AND PERMITS (cont'd) Fee Acct Code Paintball facility - investigation 50.00 1101.4239 Paintball facility - license Parade 150.00 25.00 0401.4070 0401 4120 ermiit Pawn shop - investigation 850.00 per owner 1101.4239 Pawn shop - license 12,000.00 0401.4065 Pet shop license - initial 100.00 Pet shop license - renewal 50.00 0401,4063 Pigeon 50.00 0401.4120 Rubbish hauler - commercial, residential, 0401.4059 recycling only, or construction /demolition " debris: 1St truck Each additional truck ,60 -00' " Shows (circus, carnival) - investigation 50 00 1101.4239 Shows - license 25 010 of 0401.4120 Solicitor /peddler /transient merchant 00.0- "�� 1101.4239 Special events permit: Application fee for established route 150,00 0401.4098 Application fee for new route 250 00 _ 0401.4098 Damage /clean -up fee deposit', K `s�° � 300.00-1 City services /resource escrow ` - ;150°Io _of estimated cost for required 9001.2246 City services /resources nAn4 nn7n rv- r- -ry -ry 100,00::. 200.00 � 0401.4057 25 ?00 0401.4058 75.00 1101.4233 200.00 " 250.00 " 50.00 500.00 1101.4241 1,000.00 It 1,500.00 plus seven (7) -day suspension of license 2,000.00 plus thirty (30) -day suspension of license 3 �a� City orEap 2013 DRAFT Fee Schedule DEVELOPMENT REVIEW For the charges below that require escrow deposits, refer to p.6 for the amount. Application Type Fee Escrow required? Comprehensive Plan Amendment $ 500.00 Yes Conditional Use Permit (CUP) * 350.00 Yes Final Planned Development 350.00 Yes Final Plat 250.00 Yes Final Subdivision 250.00 Yes:_, plus 3.00 /lot Interim Use Permit (IUP) * 250.00: ryes Application to appeal; NOTE: Rezoning, Prelimi additional escrow if incorp ied Developments, CUPs and IUPs do not require ion application. Acct Code 0720.4207 0720.4095 0720,4206 0720.4206 0720.4206 0720.4095 0720.4223 0720.4207 0720.4206 0720.4206 0720.4230 0720.4207 0720.4223 0720.4205 1. 4b� City of Evan DEVELOPMENT REVIEW (cont'd) Lot combination agreement Vacation proceedings 2013 DRAFT Fee Schedule Industrial revenue bond and multi- family housing bond application Public financing Assistance application (TIF, State program, etc) CONSTRUCTION - RELATED PERMITS Grading /excavation If preliminary platted: < 1 acre 1 -5 acres 5+ acres If not preliminary platted: 0 -5 acres each additional acre Renewal 31) veway) Fee 220.00 Acct Code $ 200.00 0720.4206 400.00 plus out -of- pocket City costs on 0720.4220 replacement easements and /or 20.00 transfer of property if handled 200.00 outside normal subdiv. process 1,000.00 plus out -of- pocket City costs 9113.4211 deposit* for one year warranty (Escrow;required) 9113.4224 1,000.00 plu l , of- pocket City costs xxxx.4229 (Escrow, required) Be I I 300. um) ES 2010.4094 2010.4102 298:00 220.00 .20 per foot plus minimum $10,000 one -year warranty bond or security deposit* 100.00 90.00 50.00 20.00 200.00 400.00 200.00 plus minimum $500.00 security deposit* for one year warranty * Security deposit to be calculated by Engineering Department 5 ��� I +Cityflap 2013 DRAFT Fee Schedule ESCROW DEPOSITS The City requires the following escrow deposits. The amounts represent initial deposits, not actual charges. Additional deposits may be required as City costs are incurred, Initial Escrow Deposit Acct Code Preliminary Subdivision application OR $ 2,500.00 single - family < 10 acres 9001.2245 Preliminary Planned Development OR 5,000.00 single - family > 10 acres " Comprehensive Plan Amendment 4,500.00 C/I and town homes /multiples " < 20 acres 9,000.00 .0 /I and town homes /multiples " 20 acres Request for release of development documents Impervious Surface Mitigation Inspection 3,OOp ,1,500 00 " 800.00 " 2,000.00 " 4,000.00.,, " 2 °fo of costs .r7 5,000.00 mirirr, m 9001.2245 9 6/.k of oc sfs 15,000.00 minimum " 5% oftcosts 30,000.00 minimum " 500 00 Residential 9001.2245 W_E,1',,f ,0,00 Commercial 500.00E Residential 9001.2245 1,000.00 Commercial 500.00 Residential 9001.2245 1,000.00 Commercial 500.00 9001.2245 300.00 " 500.00 " 10,000.00 9001.2245 Determined on case -by -case basis 9001.2245 500.00 Single- family 9001.2245 6 4kCityflap 2013 DRAFT Fee Schedule OTHER DEVELOPMENT- RELATED CHARGES Trailway dedication: Commercial /Industrial /Public Facility 1,251-0:---=­' per net acre 9375.4671 Residential 250 QO per unit 9375.4671 _ 1 41_�h Water quality dedication:. , Water quality dedication fee is equal to the sum of: (1) the«�ost of the area of a water quality treatment pond using the per -acre land values below; and (2) the cost of ,the volume of that pond uslpg the excavation rate below. Dedication fees apply in lieu of or in addition to constr i n or use of an actual treatment pond, Per -acre land values: Single- family Fee Acct Code Parkland dedication: Townhome X 141,202 00 Single- family $ 3,308.00 per unit 9328.4670 Duplex 3,258.00 per unit " Townhouse /Quad 3,458.00 per unit " Apartments /Multiple 3,212.00 per unit " Commercial (post- 1/1/83) 869.00 per 1,000 ft2 of bldg " Industrial (post- 1/1/83) 236.00 per 1,000 ft2 of bldg " Commercial /Industrial (pre - 1/1/83) 2,618.00 per net acre " Trailway dedication: Commercial /Industrial /Public Facility 1,251-0:---=­' per net acre 9375.4671 Residential 250 QO per unit 9375.4671 _ 1 41_�h Water quality dedication:. , Water quality dedication fee is equal to the sum of: (1) the«�ost of the area of a water quality treatment pond using the per -acre land values below; and (2) the cost of ,the volume of that pond uslpg the excavation rate below. Dedication fees apply in lieu of or in addition to constr i n or use of an actual treatment pond, Per -acre land values: Single- family 85,474Q0 '' Duplex 58:Q0 Townhome X 141,202 00 Apartments, Schools & Churches 149,893:00.__ Commercial r 96,481.00 Industrial F � 82,754.00 Excavation rate 7 «v 10._00 per cubic yard Tree mitigation /replacement` Refer to City Code section subd. 15.1 for calculation. Indivic Wood 120.00 per diameter inch 1.20 per sq ft of woodland 6501.4672 9001.2120 9001.2120 4b� City ofEaRan 2013 DRAFT Fee Schedule INSPECTION FEES /PERMITS Building permits: Building permit fees are based on the League of Minnesota Cities Fee Table. Permits are issued to specific lots. There is a State surcharge on all permits; the surcharge fee schedule is on page 11. The following connection and availability charges are also collected with single - family building permit fees: Fee Acct Code Sewer availability charge (SAC) - Met. Council — Environmental Services $ 2,365.00 2,435.00 9220.2275 Sewer availability charge - City 100.00 9376.4681 Water supply and storage - City 4,260 .00 1,290.00 6101.4680 Water meter (5/8 ") 189.00 200.00 . " 6101.4509 Treatment plant charge 7-84-790 801.00 6101.4685 �g 60W Building permit valuation. < $500 40.00 F � 0801.4085 501 -2,000 40 00� plus 2.25 / $100 valuation* ? $500 " 2,001 - 25,000 73.75 pl '14 75/ $1 OOO,valuation *,1$2 -000 " 1' h 25,001- 50,000 4Y1;3.00 plus 10'75/ $1;000 valuation* > $25,000 " 50,001- 100,000 681 75 },plus 7.50/ $1,000 valuation* > $50,000 lus o00/ $1,000 valuation* > $ 100 000 100,001- 500,000 1,056 75 " x p ..45 " = F it 500,001 - 1,000,000 yr 3,456,75_p lus`5 00/ $1;000 valuation* > $500,000 t r, a " > 1,000,000 5,956.75 plus 4.00/ $1,000 valuation* > $1,000,000 " Building permits for selected work at 6Xisting reside ces • Fireplace /fireplacesove d;erpolition, 'io building mo�re� 88.50 s,. 0801.4085 • Nail salon owner change inspectio__ n 55.00 0801.4085 • Tents >200 sq ft., canopies >400 sq greenhouses, pylon signs >7' tall 130.00 0801.4085 • Residential lower level finishes; ,,residential Based on valuation ($2,000 minimum) 0801.4085 Decks, egress windows with ri openinq and well Also subject to plan review fee fgy, • Windows /door replacement (1 opening) 40.00 0801.4085 • Re -roof, siding, windows, including egress (based on fixed valuation of $3,000 per work type and per unit for 1- and 2 -unit buildings): $3;080 4,000 valuation 103.25 0801.4085 $6;008 8,000 valuation 162.25 $9,000 12,000 valuation 211.25 * or fraction thereof 8 13a. 4kCityflapn 2013 DRAFT Fee Schedule INSPECTION FEES /PERMITS (cont'd) Mechanical permits: The Inspections Department must verify the classification of each multiple - residence dwelling to determine the appropriate permit type. Fire Suppression and Commercial Fire Alarm Permits;;, ; 1 % of contract price ($55.00 minimum) 0801.4096 Fireworks Permits: 9 l 3 3 Fee Acct Code Residential (1 -2 family, townhomes, condominiums) New construction $95.00 per dwelling unit 0801.4088 Modification /alteration (e.g,, furnace, A/C, air exchange) 55.00 " (Permit not required for lower -level ductwork alterations.) Supplementary furnace 55.00 per dwelling unit " Commercial /Industrial /Apartment buildings HVAC 1 % of contract price ($55.00 minimum) 0801.4088 Process piping systems 5v,`QO:. 0801.4088 Underground tank installation /removal 70 00 0801.4088 Plumbing permits: The Inspections Department must verify the classification of each'' multiple- residence dwelling to determine the appropriate permit type. ? 1 Residential (1 -2 family, townhomes, condominiums) V New construction s 95 00 per dwelling uriif 0801.4087 Modifications that alter living area Add /replace softener, water heater 55b0 " Private sewage disposal system 100:.00 " (includes 40.00 County Permit Fee - 9001.2276,) g, 9001.2276 Additional, per as -built Y 10.00 i 0801.4087 Y Y`` Abandonment of private sewage disposal system 55.:00 0801.4093 Turnaround t . 55.00 � 0801.4087 Reduced pressure zone (RP flow presenterk t}' 55.00 " Lawn irrigation system$5 55.00 " Commercial /Industrial / Apartmen, building All plumbing ' 1 %:kof crifract price ($55.00 minimum) 0801.4087 PVB /Rk new /repair /rebuild /remove .: , 55.00 per building 0801.4087 Landscape,g;uarantee 7,500.00 9001.2257 Fire Suppression and Commercial Fire Alarm Permits;;, ; 1 % of contract price ($55.00 minimum) 0801.4096 Fireworks Permits: 9 l 3 3 41� City orEap 2013 DRAFT Fee Schedule INSPECTION FEES /PERMITS (cont'd) Other building inspections fees: Fee Acct Code Electrical permits Issued by the State Plan review 65% of building permit fee 0720.4222 Demolition permit $90.00 0801.4093 Day Care inspection 50.00 42- 041221.4216 Interagency- required inspection 55.00 - 1221.4216 Minnesota Department of Health inspection .f 55Q0', 0801.4093 Moving permit - building 90.00 +;=cost of damage /repairs; 0801.4093 3 $x,000 escrow required. 9001.2257 Outdoor electronic sound system /audio after 10 P.M. fi" 75.00 0720.4115 Sign permit (excludes temporary signs) 2 SQ_ per square foots,, 0720.4089 (minimum fee $2k Pylon sign footing inspection permit (in additiori`tosig permit fee 1$0 QO ? 0801.4085 :. Temporary sign permit (up to 10 days in a 60 -day period) 25.00 0720.4089 Sign permit - investigation fee (ap,040sWhen work Double sign permit fee 0720.4089 commences before permit - issuance) I%> 7� Wind energy, radio and TV tower permit Based on value -see building permits 0801.4092 Underground storage tank installation /removal } f F 70.00 0801,4088 Building permit muestigation fe' , 50% of plan review fee 0801.4085 (applies to approved permits abandoned' by applicant) Building /Plumbing /Mechanical permit investigation2fee�. Double the base fee permits, p.9 (applies when work commences poor to permit issuance) Lot transfer or address change fee 50.00 0720.4222 Commercial driveway construction in City. ROW 50.00 Escrow to be determined Commercial utility connection in Cit9<<,ROV11 50.00 on case -by -case basis Re- inspection fee 50.00 per hr. - 1 hr minimum 0801.4242 After - hours /weekend inspection fee 50.00 per hr. - 2 hr minimum 0801.4242 Address change after building permit issued 50.00 0201.4230 Permit refunding fee 50.00 permits, pp. 8,9, State of MN contractor license verification 5.00 0201.4230 Street name change application 100.00 + out -of- pocket City costs 0201.4230 10 �`` City orEap 2013 DRAFT Fee Schedule INSPECTION FEES /PERMITS (cont'd) State surcharge The State of Minnesota requires the following permit surcharges to be collected by the City and remitted to the State. Building Permits: Fee Acct Code Value -based permits: < $1,000,000 valuation .0005 x valuation 1,000,001- 2,000,000 500 + .0004 x (valuation — 1,000,000) 9001.2195 2,000,001 - 3,000,000 900 + .0003 x (valuation — 2,000,000) " 3,000,001- 4,000,000 1,200 + .0002 x (valuation_;,- 3,000,000) " 4,000,001 - 5,000,000 1,400 + .0001 x (valuation :4,000,000) " > 5,000,000 1,500 + .00005 x (valuation " — 5,000,000) " Fixed -fee permits: Permit amount < 1,000 5.00 through„ Permit amount 1,000- 10,000 5.00 through Permit amount > 10,000 Permit fe; Mechanical, Plumbing, and Fire Suppression permits Permit amount < 1,000 5.00 through" Permit amount 1,000- 10,000 5.00 through-- Permit amount > 10,000 Permit fee x . e 30; per 5 ne 30; 11 135 0005 thereafter " reafter F� fee x .0005 t"fter " +Cityflap 2013 DRAFT Fee Schedule UTILITIES FEES—CONNECTION/AVAILABILITY CHARGES Trunk charges: Fee Acct Code Sanitary sewer oversize (for assessment purposes) Un- platted and platted non - residential $ 2;808:00 2,860.00 per acre 9376:4611 Platted residential 4- ,369:00 1,390.00 per lot 9376.4611 Water main oversize Un- platted and platted non - residential 2,950.00 3,020.00 per acre 9376.4611 Platted residential 1,415.00 1,450.00 per lot 9376.4611 Storm sewer oversize Single- family —25 .128 per sq ft 9376.4611 Multi- family .460 .164 per sq ft " Non - residential 4-92 .196 ". - - -per sq ft " Lateral charges: Sanitary sewer 66787 68�34�­�Y`9 per centerline foot 9376.4611 Water main Single - family 67 58 69 00 per centerline foot ,= 9376.4611 Multi- family and non - residential 85 1�Y ,87.00 per centerline foot 9376.4611 Storm sewer (based on pipe at 15' depth) A. 12" storm sewer 3 49 75.00 per centerline foot 9376.4611 15" storm sewer 4 7"0 77.60 per centerline foot " 18" storm sewer 84-50 83.30 per centerline foot " 21" storm sewer 8 -7-50 89 40 per centerline,fQot " 24" storm sewer 1- 00-80;;: 102;20 Viper centerline fgot:F " Service Charges: Sanitary Sewer - 4" service X08 834X20, per service 9376.4533 Sanitary Sewer - 8" stub 1 7� 99 1,917.0 KV,,kper stub 9376.4533 Water - 1" service ° 932.00 Nrper,service 9376.4508 Water - 6" stub ti x444- 09 ;3,21Q 00 peg stub 9376.4508 Sanitary sewer availability (SAC):/ f4 MCES portion - all property'types R ' 2 365 9 2,435.00 per SAC unit * p 9220.2275 City portion - all property types _ 180 89 102.20 per SAC unit * 9376.4681 Sanitary Sewer Trunk Conft tlon Charge,(SCC). _ 1 -5 SAC unitsF �;:4Q 90 1,780.00 per SAC unit * 9376.4611 6 -10 SAC urn s3 710.0 8;900 plus 43 98 445.00 per SAC unit over 5* 9376.4611 11 +SAC units 1899 09 11,130'0,.0 plus 17490 178.00 «. per SAC unit over 10* 9376.4611 Water supply and storage: Residential 4;2607001,290,00 per SAC unit * 6101.4680 Non - residential 4,680.00 4,780.00 per acre " Treatment plant: All property types _�� t,. 78400 801.00 per SAC unit * 6101.4685 Direct connection to MCES Interceptor - application fee (not a City fee) 900.00 per connection * SAC units are determined by Metropolitan Council- Environmental Services (MCES). 12 a City of Eagan UTILITIES FEES -USER RATES Sanitary sewer Residential and Commercial /Industrial (Usage is based on lower of winter quarter and current quarter water usage) Administrative fee All usage (min 3,000 gal /qtr) Sewer -only (no water connection) Manual reading /billing fee - deduct meters Water Residential and Commercial /Industrial Administrative fee Domestic /Potable usage Winter quarter; all usage All other quarters: Usage up to amount used in prior winter q Usage in excess of amt used in prior wintE Lawn & Irrigation usage if separately metered Hydrant/construction meter - minimum Fee Acct Code 455 1.60 per bill 6201.4530 3:00 3.10 per 1,000 gallons 64-55 63.60 per quarter 10.00 per meter, per read per bill 6101.4505 1.40 ,e .1,000 gallons " 1.40 per 1,000 gallons 1.75 per 1,OQOgallons 1.75 per 1,0 OTgalfons " per day 84.7 9 13r <<_ per REF /qtr 6401.4540 5;53 5.66; Y`per REF /qtr " 12.81 per. yREF/qtr " 0=2-910,8,3 p`erREF /qtr 44M 12 47 per REF /qtr " ; 59 5.84 per qtr /lot 6301.4550 448 4.68 per qtr /unit " � ,9. 9 10.23 per qtr /account " `6-. &2 6.91 per qtr /acre " 0.141 .150 per qtr /LF " 42.63 13.20 per qtr /acre " 39.72 41.51 per light /qtr " 57.57 60.17 per light /qtr " 50;68- 52.96 per light /qtr " 6440 66.98 per light /qtr " 2-07 2.16 per unit/qtr " 4.66 1.74 per unit/qtr " 4-.2-2 1.27 per unit/qtr " 8:35 8.73 per unit/qtr " 13 ��)q City of Eap UTILITIES FEES -OTHER 2013 DRAFT Fee Schedule Fee Acct Code $ 150.00 per month 6201.4534 500.00 per month 6201.4534 150.00 per month 6201.4535 500.00 per month 6201.4535 300.00 per month 6101.4242 1,000.00 per month 0501.4230 55.00 ;,(7am - 3pm) 6101.4512 60.00 ,, per month, 3 -month 6101.4521 250.00 . deposit required 9220.2254 ;200.00 9220.2254 489;Q0 "s " , 000 t00 . " 60.00 ' 0801.4242 69.00 9220.2254 labor rate plus 15% admin fee to max admin of 60.00 labor rate plus 15% admin fee 110.00 130.00 6101.4242 -130.08 162.50 6101.4242 Contract cost plus 15% 55:98 60.00 6101.4242 Time and material plus 15% 6101.4242 50.00 per year 0501.4230 14 `' +Cityflap 2013 DRAFT Fee Schedule UTILITIES FEES —WATER METERS Water meters (includes copperhorn /strainer, remote wire, and touch -pad meter) 5/8" x %" meter 3/" meter 1" meter 1 '/" meter 2" compound meter 3" compound meter 4" compound meter 6" compound meter 1 '' /z" turbo meter 2" turbo meter 3" turbo meter 4" turbo meter 6" turbo meter Replacement remote wire (over 50') Replacement outside touch -pad meter #2 copperhorns only Meter strainers only 2" strainer 3" strainer 4" strainer 6" strainer Radio meter read sending unit Dual port expander Driveway covers for water sere Fee $189.00 200.00 231.00 245.00 303.08 321.00 61000 653.00 1,920.98 2,035.00 2;34$.08 2,489.00 3,781.00 4,008.00 6,167.00 6,537.00 995.00 1,055.00 1;486-,00 1,575,00 1,678.00 1,77,9 00 ' ^ -� .�08 337 00 �.., 74.00 t 0.20 23.75 15� Acct Code 6101.4509 6101.4509 6101.4509 6101.4509 +Cflyflap 2013 DRAFT Fee Schedule STREET ASSESSMENTS Residential - 32' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer Multiple and Institutional - 44' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer Commercial /Industrial - 52' Wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer TRAIL ASSESSMENTS Concrete - 6' wide (includes $4,15/FF sod /grading) Bituminous - 10' wide (includes $4.15/FF sod /grading) Fee per page $ 54:70 55.90 per FF 92.75 94.80 per FF 780 77.50 per FF 414:40 116.90 per FF 00,&5 92,60 per FF 146.15 149.40 per FF 123.30 131.10 per FF 183.90 188.00 , „der FF :y 122.90 125.90 "per FF 190.60 194.80:, per FF 168 171:90 _ -per FF — 235..90 241,10 be FF * if less than 16 41.65k , per FF 26$4 per FF go 0,25 per page 0.25 per page 0.25 per page N' O Acct Code xxxx.4611 / 4612 xxxx,4611 / 4612 0501.4225 0501.4225 0201,4230 +Wyflap 2013 DRAFT Fee Schedule PARKS AND RECREATION CHARGES The following facility rental fees are subject to 7.125% State sales tax and require a $150.00 damage deposit payable at the time of reservation. Eagan based school organizations that have a Joint Powers Agreement with the City may schedule use of Eagan shelters and pavilions free of charge, although a damage deposit is required. FACILITY FEE Residents Adult League Protest/Appeal Fee 56:00 58.00 Athletic Field /Facility Maintenance Fees Youth Traveling Teams - Eagan & Eastview Athletic Associations • Soccer - per team 102.00 106.00 • Lacrosse - per team 50.00 • Football - per team 35.00 37.00 • Baseball /Softball - per team practice fee for season26 00 27.00`e-'9`' ' • Baseball /Softball - per game 15.00 16,00 Adults • Practice - exclusive use of field, no setup per houra 9 0� 1100 • Up to 9 games per team 257.00- 265.00 • More than 9 games, fee for each additional game >9 3&838.00 Tournaments - per field /per day or single games • Youth 58.08 60.00 • Adult E 62;00 85.00 Lights s • Northview per hour (includes all 4 fields) 56-98 6 0. 00 • Goat Hill per field per hour 31-89 32 00 • Clearwater per field per hour a4- .Go""3��00 h Building cleaning per full day use g g p Y � i � 88 80 00 Lexington-Diff ley building per fu(i day use arly 58 88 52Q; Band Shell and Public Address • Permitted use in partnership • Permitted use in conjunction Band Shell only p.e ,-6i 6' 1 Band Shell with Sound Svstem` Wedding Ceremo'naes Wedding Ceremonies Wedding Ceremonies Canoe Storage (May 1 - Central Park Festival Grounds: Designated Green Space within a Non - residents Acct Code xxxx.4310 3087.4624/4627 I I I community entertainment criteria: No fee - mitted use: No fee 96-,90 76.00 6809.4325/4326 .00 453:- 00158.00 " 59.00 61.00 51:00 53.00 lhr4O2 -.N 106.00 74:00 76.00 51:00 66.00 42-8.00 133.00 one day event 154.00 159.00 -14J3-.90 199.00 F'ietlT.•li'ii'�III: _910-9.9 �9 1 11 Dunk Tank Fill in City Park - Filled by Parks Staff Weekdays - Monday - Friday from 7 am - 3:30 pm 482:98 106.00 482.00 106.00 Weekends /Evenings after 3:30 pm 179.00 185.00 479.08 185.00 Holz Farm Barn Rentals from June - August per day Group size limited to 80 252.00 260.00� 345.00 325.00 rl Staff attenor�F ro �gui 10.2t 10.20 17 N 3089.4305 3088.4325/4326 3087.4624/4627 3089.4310 3088.4325/4326 City ofEap 2013 DRAFT Fee Schedule FACILITY FEE (Cont'd) Residents Non- residents Acct Code Moonshine Park Retreat Center Upstairs - retreat/meeting space All day rental - kitchen included 444-00 146.00 176.08 183.00 3088.4325/4326 6 -hour time slot - kitchen included 95-00 98.00 1 -19.00 123.00 " Monday - Friday - per hour with 2 hour minimum 23.00 27.00 It Downstairs - activity space All day rental 47.08 49.00 59.00 61.00 " 6 -hour time slot 33 9 34.00 4 .00 43.00 " Outdoor hockey rinks per hour With or without ice and lights Without ice 19,08 20.00 24.00 25.00 7:00 8.00 x., 9.00 10.00 Park Shelter Buildings All day rental from 10 am -10 pm 141.00 Half -day rental from 10 am -4 pm or 5 pm -10 pm 95 Pavilions All day rental from 10 am -10 pm Half -day rental from 10 am -4 pm or 5 pm -1 Kitchen use Sand Volleyball Courts per hour Special Events Closing trail & posting signs Sun Shelters All -day rental from 10am -10p' Half -day rental from 10am -4p Tennis courts p Trapp Farm Tubji Daily per per: Reservations Use of parks for large g Vendor permit to conduct sa EAGAN ROOM --2-he 6=08 183.00 9�0 723,00 6:08 183.00 "0 123.00 59,00 61.00 6:00 8.00 *0 66.00 69.007 .00 46.08 49.00 6-08 8,00 3.00 6:25 6.50 79 00 81.00 34-08 35.00 3087.4624/4627 I( 3088.4625/4626 3088.4625/4626 it 3087.4624/4627 3088.4625/4626 3088.4625/4626 3087.4624/4627 3074.4318 3088.4625/4626 3087,4624/4627 Eagan room - 2 -hour minimum 23.00 27.00 3088.4625/4626 Kitchen use 20.00 20.00 " Youth per hour 26.00 NA 3ti88.4625r4626 ups- pe--heu r 41.00 N " Local Resident Groups per-hour 41.00 NA " Resident-Groups per-hour 54.00 NA " Profit Making Groups per hour 77.00 Kitchen, i + C- -flat mate. Youth Groups per u; 10.00 NA 3838 4625/4626 Local -Givi saps per hour 28.00 N/\ " Local Resident per hour 20.00 NA " Non Resident GrGups per ho 26.00 NA " 18 �� a +Eflyflaph 2013 DRAFT Fee Schedule PARKS AND RECREATION CHARGES (Cont'd) EQUIPMENT Residents Non- residents Acct Code Chuckwagon grill per day 460 48.00 58-90 60.00 3089.4305 Extra picnic tables per table with a maximum of 6 4-9G 19.00 23-00 24.00 It CASCADE BAY Daytime After 4 p.m. Daily Admission Guests over 42" 10.00 8.00 67XX /43XX Guests under 42" 8.00 r, 6.00 " Seniors 62 and older 8.00 6.00 " Under 18 months Free; x,.. Free Season Passes Resident Non- Resident First family member, all ages 70.00 670X.4321 Additional family members 0 Opp 65,00 " Additional family members <42" tall 36 "00 46.00 " Seniors 62 and older L . i. 36.00 � 4&00 It Under 18 months of age Free �.f Free Captain's Course' 9 holes 2:00 2 00 " Unlimited daily use with pool admission 4.00 4.00 Birthday Parties Pool, includes up to 10 guests :.150.00 150.00 6709.4316 Additional guests - 1 "5".00 15.00 " Golfing, ncludes u to 10 guests._ g p 120 00 120.00 6726.4316 Additional guests ` 12,60" 12.00 " Groups per person 10.00 6708.43XX Private Rental per hour, minirniam "of two ho0s ", 1;000 00 1,000.00 6711.43XX � .� . CIVIC ARENA Residents Non - residents Civic Arena Rentals per:hour, October1; 201Setember 30, 2013 Prime rate F # `1�5 98195 00 185.00 195.00 66XX.4355/4356 Eagan & Eastvl6w Association 185f981 "95� 00 185.00 195.00 " High Schooi � �> 1 -96:08 20.00 N/A , Non -prime 4`4 ' , 130.00 130.00 " Off - peak's 115.00 115.00 " Dry Floor 45.00 45.00 " Indoor turf - full fieldt z, 80.00 80.00 Indoor turf -half field ;. x 45.00 45.00 " Indoor turf - less than 24-'h Ic 90.00 90.00 " v z i Civic Arena mezzanine; Hourly - 1 hour minimum 27.00 33.00 6622.4325 Hourly with outside food and beverage 60.00 67.00 " Training Center Prime rate per hour, Oct 1 - Mar 1, 5 -9pm, and Sat/Sun 8am -9pm 24.90 27.00 24.00 27.00 66XX.4355/56 Non -prime rate per hour 15.00 15.00 " 19 �L+ 4k City ofEap 2013 DRAFT Fee Schedule CIVIC ARENA (cont'd) Residents Non - residents Birthday Parties Gold, includes up to ten guests 150.00 150.00 Additional guests 15.00 15.00 Silver, includes up to ten guests 120.00 120.00 Additional guests 12.00 12.00 Bronze, includes up to ten guests 90.00 90.00 Additional guests 9.00 9.00 COMMUNITY CENTER FEES Fee 6630.4311 AGctt Gode • 8:00 am . Neon - 155.00 0 1 —_00 pm _ 5:00 pm i 56.00 6:00-pm 11:00 pm 185.00 day Thursday 0 - 8:00am 1 m 775.00 0 8:00 am Wo oR 285 nn 5:00 pm 285.00 _ G"0n0 r q 0-pm 11:00 pm 370.00 20 � 44 City ofEap 2013 DRAFT Fee Schedule The Board Room (35 capacity) Sunday - Saturday (2 -hour mimimum) 200 23.00 /hr 26 00 Resident Non -Res./ North, Central or South Meeting Rooms (20 cap. /each room) For Profit Sunday - Saturday (2 -hour minimum) 17.00 /hr 19,00 /hr " Reduced (w/ 8 -hr banquet rental) 14.00 /hr 14.00 /hr " Daily max 150.00 150.00 North /Central /South Meeting Rooms combined Reduced Full Room (with 8 hour banquet rental 37x00 /hr :, 37.00 /146 Saturday - Sunday (2 -hour minimum) 44:80 40.00 /hr (200 -.00 max) 52.00 44.00 /hr(240.00 max) Reduced (w/ 8 -hour banquet rental) 38:-08 32.00 /hr oq"o4nax) 32.00 /hr Maximum per day 240.00 265.00 Max oer day - Reduced (with 8 hour banauet rental) 200.00 200.00 The Board Room (35 capacity) Sunday - Saturday (2 -hour mimimum) 200 23.00 /hr 26 00 27.00 /hr " Reduced (w /8 hr banquet rental) 4-68 19.00 /h`r f 4 08 19.00 /hr " Max per day - Reduced (with 8 hour banquet rental) 225'00 225.00 (Sept Mary The Lone Oak Room /Oasis /Performance Studio per hour �, Full Lone Oak Room /Oasis /Perf. Studio (2 -hr min) 50 -98 5?^00 /hr 55.00 56.00/hr 6812.4324/4325 Reduced Full Room (with 8 hour banquet rental 37x00 /hr :, 37.00 /146 " Daily Max Full Room 450:00 , 450.WQ, " Half Lone Oak Room (2 -hour minimum) 30.00 32.00 /ft f 35.00 /hr " Reduced Half Lone Oak Room (w /8 hr bangtae(:`r ntal) 22.00 22.00 " Daily Max Half Lone Oak Room . °F .. 250.00 250.00 " Private - full court ` 58:08 60,00 /hr k Oasis T°" en Center hour /h•stf r 55.00T hr 6811,4324/4325 (2 minimum) F=9n Z 45.00 /hr " Daily Max Full Court Kid's Kare ` _;,,, 20.0 . , = 22.00 /hr 6813.4324/4325 COMMUNITY CENTER FEES (cont'd) Resident Non -Res./ For Profit Gazebo 58.00 65.00 /hr 60.00 75.00 /hr 6844.4326/4327 Reduced (w/ 8 -hour banquet rental) 50.00 55.00 /hr 5008 55.00 /hr It Daily Max 475.00 475.00 it 21 N5 For Profit Prime Non -Prime (Sept Mary (Apr -Aug North, Central, orSouth Gym Parks & Re`ceation Full Court 25:00 27 00 /hr 2-5-98 20.00 /hr 6810.4326/4327 Parks & Recreation Half Court 13.50/hr 10.00 /hr " Athletic AssociationFull Court 300 34.00 /hr 32:00 25,00 /hr " Athletic Association4xHalf Court 17.00 /hr 12,00 /hr " Private - full court ` 58:08 60,00 /hr 56.00 45.00 /hr " _ Reduced Full Court (with 8 hour banquibrental) 50.00 /hr 45.00 /hr " Daily Max Full Court 400.00 300.00 " Private - half court t " 32;89 35.00 /hr 32.00 23.00 /hr « Reduced Half Court (with 8 hour1banguet rental) 30.00 /hr 23.00 /hr " Daily Max Half Court 250.00 150.00 " Resident Non -Res./ For Profit Gazebo 58.00 65.00 /hr 60.00 75.00 /hr 6844.4326/4327 Reduced (w/ 8 -hour banquet rental) 50.00 55.00 /hr 5008 55.00 /hr It Daily Max 475.00 475.00 it 21 N5 41" City afEvn 2013 DRAFT Fee Schedule Fitness Membership Fee Member enrollment fee - 1" family member (admin) 25.00 6807.4321 Member enrollment fee - each addl fam mbr (admin) 25.00 " Monthly fee - Res id e nt/Corpo rate - 1St family member 35.00 " Monthly fee - Resident/Corporate - each additional 30.00 " Monthly fee - Non - resident - 1St family member 40.00 " Monthly fee - Non - resident - each additional 40.00 " Daily admission to fitness center 10.00 6807.4310 Report Processing Fee Fitness Attendance Activity report 30.00 6807.4304 Open Gym Fees Adult Open — Resident 6-.00 3.00 6810.4318/4319 Adult Open — Non - resident t4/A3.00­':,--W " Youth Open 3h00 < Preschool Open (includes limited Blast use) Birthday Party Fees F Color copies (8. guest) i $ F F t i+�sl e p to .tee gam 75 40 " 1.00 per page 22 tL4 (0 10"'City ofwan 2013 DRAFT Fee Schedule WETLAND CONSERVATION APPLICATION FEES Exemption /no -loss determination Replacement plan Banking plan Certificate of completion Wetland decision appeal Aquatic plant harvesting Co- application & service fee (City- permitted activity, lakes only) $ 100.00 (plus staff review time) 6530.4675 300.00 (plus staff review time) " 300.00 (plus staff review time) " 100.00 " 300.00 " 100.00 per property owner per year 6523.4676 23 � III City of Eap 2013 POLICE DEPARTMENT CHARGES Police /Fire reports: Police incident and other reports /data Background investigation report (copy) Photos Digital - color print Viewing accident reports (commercial users) Audio tapes (copy) Video tapes (copy) CD ROM (copy) Other Police charges: Contractual security Contractual security admin. fee (5 %) BCA urine or blood test kit Dog license database CD — Excel listing of dog ov Police records check /clearance letters /certified cc Law enforcement agencies Non -law enforcement agencies DRAFT Fee Schedule Repeat nuisance call, for third apd:subsequent calls in a 365 -day period Fee $ .25 per page 10.00 3.00 0.50 1W 69.00 per 3-40 3.45 per 24 � fee :00 report call Acct Code 1101.4221 1101.4221 hour 1116.4234 hour 0501.4228 1101.4691 1101.4221 1101.4221 1101.4215 AbL City of Eap 2013 DRAFT Fee Schedule FIRE DEPARTMENT CHARGES Fire reports: Personnel /Equipment: Manpewer Personnel Chief's vehicle, rescue truck, grass rigs Pumper, tanker Engine, Tender emergency support vehicle, heavy rescue Command vehicle, aerial Safety house: Within City limits Outside City limits - house, manpower (minimum 2 firefighters) Hazardous material containment/cleanup: Personnel: �a a Supplies: Equipment Fee Acct Code $ 0.25 per page 1221.4221 45.00 per hr (1 hr min) 1221.4242 175.00 per hr (1 hr min) 1221.4242 300.001X per hr (1 hr min) 1221.4242 60Q.00__.. per hr (1 hr min) 1221.4242 175.00 per hour (1 hr min) z 1221.4242 actual cost 1221.6220 actual cost 1221.6220 150.00 1221.4242 50.00 " 25 G 40t 41�Cityflqan 2013 DRAFT Fee Schedule EQUIPMENT RATES Hourly Rate Acct Code Equipment: (does not include operator labor) Passenger Vehicle $ 34.00 xxxx.4242 Pick -up truck 32.00 34.00 xxxx.4242 One -ton dump truck 35.08 38.00 " Single -axle dump truck 45,00 " Tandem -axle dump truck 55-00 100.00 " Bucket Truck 55.00 " Aquatic Plant Harvester / conveyor 100.00 " Tractor 45.00 " Backhoe /loader 60.00=i� " Front -end loader 85;00 " Street sweeper Roller Roller (5- ton)<30.00 " Pavers 95.00 " Air compressor 40.00 " Sewer jetter or sewer rodder 186.00 " Sewer vacuum / jetter 200.00 212.00 Groundsmaster mower 32.00 " Sprayer boat Pump, 6" 4590 4$400 " Pump, 8" 5090 53.'00 " Skid loader x ;" 60:00 " Chipper w a 25:00 " Tanker �_�� 60.00 " TV camera - service (1 hour mrmmum) ., 'dm1i 200 98 212 00 . "f TV camera - main line (1 hour, rn him :: 288=90 276 OQ " Generator, 50 Type I barricade ., ., 50. Generator, 85KW per hours ""' h..: Reflectorized plastic safety drum 85.00 " Small equipment per hour ... Traffic cone 'a F "" 30.00 " Ground thawing trailer per day plus propane ...`::. r 100.00 " Trenchbox an&trffi pet'."a`a.V, T. #'' ' 200.00 " Watermain,, r 'trailer (red) per day plus supplies 100.00 " Special events needs: " Type I barricade ., ., 1.05 per unit per day Type II barricade 2.77 " Reflectorized plastic safety drum .85 " Weighted traffic channelVer .40 " Traffic cone 'a F "" 25 " f Standard traffic sign with supp`oi,r 2.20 " 26 �J b +Cflyflap 2013 DRAFT Fee Schedule STAFF RATES: Hourly Rate Acct Code Department Director 150.00 xxxx.4242 Assistant City Administrator 125.00 " City Engineer 130.00 " Maintenance Superintendent 125.00 " Assistant City Engineer 120.00 " Sr. Building Inspector 120.00 " Transportation Engineer 110.00 " Building Inspector 100.00 Maintenance Supervisor 100.00 z " City Planner 1251, $'x, Planner 95.00;;, " Water Resources Coordinator 100.00 " City Clerk 95.00 " Police Officer — dangerous dog hearings 90.00 " Water Resources Specialist M 90.00 Water Resources Technician f _ 80.00 Construction Project Coordinator V` 95.00 Utilities Construction Inspector 80.00. " 'Engineering Technician �� 85 00 a GIS Technician x 90 00 Animal Control Officer Maintenance Person - regular Maintenance Person - overtime 95.00 _ " Intern /Seasonal F 45.00 " d uipment). Survey crew (includes vehicle an eq 2- person��� 3- person _ :. 160.00­: `- " Clerical Tech fFF %M; 60.00 " CITY ATTORNEYRATES Severson, Sheldon, Daugherty & Mole_" General legal 9001.2245 Paralegal fees r' 31 84.00 " Development - related work: z, 207.05 211.65 " City Council /APC meetings z 427.33 435.93 per meeting " 27 GIs\ 400. City ofEap 2013 DRAFT Fee Schedule MISCELLANEOUS FEES /CHARGES Animal pickup Animal impound Fee $ 20.00 4.00 per day over amount billed to City by pound Antennae - Radio, Satellite, Microwave and PCS: s} actual costs One -time fees: Application & Frequency Analysis 500-00 550.00 Site survey review 500.00 550.00 Administrative Process & Certification fee for unpaid false l noxious weed, refuse Construction Inspection actual costs with 2,500.00 3,000.00 Landscaping 2;50000 3,000.OF Lease /rent rates: 1 -9 antenna panels 28,579.00 301293.74 Each additional antenna panel 3;17000 3`36.6:56 1 -3 microwave /satellite dishes or whip 2$9 0& 30 283.74 antennae (includes up to 3 antenna panels at no extra cos$) Maximum dish size - 24" diameter Ground space only lease (16 sq. ft. minimum charge) Exterior space 3$00 40.00 Interior space 76 09 80.00: Monopoles F<rA m Scheduled after -hours work (M -F 7:00 am to 3 30 ) p OT I boQate Call -out - 2.5 hour minimum per site per site site minimum site Acct Code 1101.4212 1101.4212 xxxx.4618 xxxx.4617 xxxx.4617 xxxx.4619 per site per year xxxx.4620 per site per year xxxx.4620 per site per year xxxx.4620 per square foot per year xxxx.4620 per square foot per year xxxx.4620 varies depending on size /location + 15% adman fee-(maximum admin fee of $60.00) Audio tapes - Board /Council meetings s} actual costs Certification fee for unpaid false l noxious weed, refuse 25:Q0 per - parcel xxxx.4612 _T, removal, board -up, and diseased tree removal bills Penalty for late payment orj` items to be certified r 10-V s Hof invoice amount 0501.4228 City Plans /Policies Comprehensive Plan 2030�f 4 125.00 0720.4230 Special Area Plans�y �� 0.25 per page 0201;4230 Comp. Water $Upply /Distri<jution Plan > . 75 -80 80.00 Comp. Saniiary Sewer Policy)Rlan:; r 75.00 80.00 " Comp. Storm Water ManagemenfFlan 75.00 80.00 Landscape Poky,,Shoreland Zoning Qrdinance Sign Regulations or Tree Preservation Policy 0.25 per page " Water Quality & Wetland §,,Management Plan 7--00 80.00 6501.4230 Fes'° Conduit lease .02625 per linear foot 9225.xxxx Dangerous Dog hearing *� actual costs based on staff time (see Equipment & Staff rates section) for "hearing and written recommendation, for City Clerk, Animal Control Officer, and Police officer, to a maximum of $1,000 Dangerous Dog hearing escrow (in advance of hearing) 1,000.00 9001.2250 Data processing reports actual cost +10% 0201.4230 Digital image photocopies (pictometry not included) Color 3.00 per page 0720.4230 Black & white .25 per page 28 k�s a Domestic partnership registration: Application (includes Registration Certificate) $ 25.00 0401.4668 Duplicate registration 5.00 " Filing of amendment to existing registration 25,00 " Filing of notice of termination to existing registration 25.00 " Certified copy of registration, amendment or notice of term, 5.00 per document " "Eagan on Deck" playing cards 5.00 0905.4666 Extension fee for variance, CUP, or recording of a Plat 75.00 3 0720.4206 or Subdivision A­­ y F X NN False alarm charges - commercial and residential: = ' First 3 false alarms per year no charge Each false alarm after 3 ." 100,00 1101.4214 Fee schedule 0.25 per page -_ 0501.4230 Invoicing charge 15% to max. of $10::0.0 0501.4228 Lodging tax 3 A of gross receipts E`CVB 9001.2210 r (5% City admin fee) 0501.4247 Mailing labels 1 50 per label 0201.4230 Inspection /administrative fee 50.00 City- initiated corrective or clean up work (e.g., noxiaus weed or refuse removal, board ups diseased tree removal)` E Maps: City map: First one free Each additional .> `' 2.00 0201.4230 Section maps�� iF x 'h section property only N 10.00 xxxx.4230 '/ section property and planiMetric 50.00 '/z section property, plan imetric; apd contours., 150.00 " 1/8 section propplanimetric andleontours` Y 40.00 " % section - aeriaFP,n, o (black and white) 6.00 " '/2 section - aerial p` ­­`(color) 12.00 section - property only r:. 5.00 " Trunk water or sewer system map; 2.50 " Water quality classification ma q Y P, 5.00 " Specialty maps Based on staff rates, p. 26 " Zoning or Comp Guide maps: 15 x 22 color 5.00 " 22 x 34 color 15.00 " GIS Utility As -Built (1/2 section - digital format) 40.00 " National Night Out map 25.00 " Location Plan map 40.00 per page " GIS existing map 25.00 " Other digital data /mapping Based on staff rates, p, 26 " 29 I's ` :) 411P City of Eagan 2013 DRAFT Fee Schedule MISCELLANEOUS FEES /CHARGES (cont'd) Fee Land Use Study copy 50.00 Notary seal (non -City business): First 5 1.00 each Each additional > 5 0.50 each Patch - Eagan Historical Trail 1.00 Photocopies — B &W — up to 100 pages 0.25 „<,,per page Photocopies — B &W — in excess of 100 pages Allowable costs as calculatetl;`per State law Photocopies — Color QO `per page Plans and Specifications 5088 60 00 minimum, varies Research of City records (beyond readily available material) Parking restriction - sign bagging fee Street Closure Deposit Returned check or ACH transfer fee Zoning letter zxr Al Iowa ble,costs as cal by contract culated per Mate law 50. M 30 lS4 + deposit Acct Code xxxx.4231 0201.4230 0201.4230 0201.4231 0201.4231 xxxx.4230 xxxx.4231 2001.4691 2001.4691 9001.2255 0501.4210 +Cflyflayn 2013 DRAFT Fee Schedule SUMMARY OF CONNECTION CHARGES The following connection charges are provided for in the City Code. Some or all of them may be collected at the time of: 1) new development applications, 2) new connections to a utility system, 3) the issuance of building permits, and 4) enforcement of agreements; as appropriate in each individual circumstance. Fee Sewer Availability Charge (SAC) Sanitary Sewer Trunk Connection Charge (SCC) Water Supply & Storage Water Meter Treatment Plant Charge Plumbing Permits Building Permits Trunk Oversize Charges Sanitary Sewer Water Main Storm sewer Lateral Charges Sanitary Sew Water Main Storm Sewer Water perm Paqe 8 &12 31 WSJ Agenda Information Memo December 18, 2012, Eagan City Council Meeting B. VARIANCE — PAUL DEVINE ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Variance of 2% to the maximum building coverage for a single family parcel located at 3620 Falcon Way, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The Lexington Place South Subdivision was platted and this single - family home was constructed in 1986. ➢ The subject lot is 7,726 SF in size and is part of the Lexington Place South Planned Development. The existing home and attached two -car garage occupy 20% of the lot. ➢ The applicant's narrative states the family's need for more space and their desire to remain in the home. The proposed addition will result in a building coverage of 22 %. The staff report references similarities with the R- IS Zoning District that City policy makers could consider. That being, 8,000 SF minimum lot size and maximum lot coverage of 25 %. Presently, the adjacent parcel to the north has a building coverage of 22% and the adjacent parcel to the south features a lot coverage of 19 %. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: January 25, 2013 ATTACHMENTS: (2) Location Map, page 159 Planning Report, pages tS13 through Vo r V50 Location Map Project Name: Devine Variance -3620 Falcon Way Request:: Variance Case No: 14- VA- 11 -11 -12 City of Eagan V59 ' I Feet 500 1,000 2,000 Legend = Parcels .Buildings f� Parks J;® 16mS City Boundary N PLANNING REPORT CITY OF EAGAN REPORT DATE: December 4, 2012 APPLICANT: Paul Devine CASE: 14- VA- 11 -11 -12 HEARING DATE: December 18, 2012 PROPERTY OWNER: Paul &Stephanie Devine APPLICATION DATE: Nov. 26, 2012 REQUEST: Variance LOCATION: 3620 Falcon Way PREPARED BY: Erik Slettedahl COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a 2% Variance to the maximum 20% building coverage requirement for a 168 square foot addition upon property located at 3620 Falcon Way, legally described as Lot 6, Block 5, Lexington Place South. 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 — 3620 Falcon Way (Devine) December 18, 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, stl uctures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Section 11. 60, Subd. 5 E, allows a maximum 20 % building lot coverage on properties zoned R -1 Single Family Residential. BACKGROUND /HISTORY The subject home was constructed in 1986 and is part of the Lexington Place South Subdivision and Planned Development. The Lexington Place South Planned Development is fully development and contains 145 single family homes. The Plamled Development allows for substandard lot sizes but all other R -1 standards apply. EXISTING CONDITIONS The property currently contains an existing home and two -car garage on a 7,726 square foot lot. Current building coverage of the lot is at the 20% maximum. The adjacent neighboring lots are of a similar size and feature estimated building coverages of 22% and 19 %. EVALUATION OF REQUEST Proposal — The applicant is proposing to construct a two - level, 12' x 14' (168 square feet) addition to the northeast rear corner of the existing home. Setbacks — The existing living space and proposed addition appear to meet all required side and rear yard setbacks. l Sq Planning Report — 3620 Falcon Way (Devine) December 18, 2012 Page 3 Lot Coverage — The existing home is currently at the maximum 20% building coverage requirement and there are no additional structures on site. The proposed addition would increase building coverage to 22 %. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. A single family dwelling with an attached two -stall garage is present on the site. Thus, a reasonable use presently exists, but the 7,726 square foot lot size is significantly smaller than the 12,000 square foot R -1 standard which may limit the use intensity of the subject parcel. 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 building coverage requirements to prevent the overcrowding of properties and to provide adequate green space. However, since this Planned Development was established, the City has created a new Zoning District, R -1 S. The R -1 S standards allow for up to 25% building coverage to allow for varied style and values of housing, and satisfy issues with existing single - family developments that do not meet R -1 requirements. City policy makers may determine that the R -1 S standards more appropriately apply to the smaller lot sizes approved in portions of Lexington Place South. The applicant is requesting relief from the 20% maximum building coverage established by the PD to construct a two level addition to the rear of the existing home. The proposed addition will extend 1 %2 stories to match the existing split level home. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public as some of the neighboring properties have similar additions to them, including the adjacent property to the north. APPLICANT'S NARRATIVE The applicant's narrative states that the proposed addition is requested to allow for more functional use of the existing family room by dedicating a new music room and converting an existing bedroom to a home office to accommodate regular work -at -home needs. The other bedrooms are occupied by the applicant's two children. The applicant states the addition will be modest and in keeping with similar additions that exist on neighboring properties. Additionally, the applicant states, that they are very happy and settled living in Eagan and this addition will allow them to continue living at this location. SUMMARY /CONCLUSION The applicant is requesting a 2% Variance to the allowed 20% maximum building coverage to construct a two -level 12' x 14' addition to the existing home. The subject lot is located in a Planned Development that allowed substandard lot sized to R -1 zoning standards. The existing \(JQ Planning Report — 3620 Falcon Way (Devine) December 18, 2012 Page 4 lot is significantly below the 12,000 square foot minimum and may be more appropriately reviewed against R- IS standards that allow up to 25 % building coverage. ACTION TO BE CONSIDERED To approve a 2% Variance to the maximum 20% building coverage requirement upon property located at 3620 Falcon Way. If approved, the following conditions should 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. A building permit shall be obtained prior to commencing construction. 3. The proposed addition shall not exceed 168 square feet at foundation. 4. The addition shall not exceed the height of the existing structure, and the roof design and style shall match the principal structure. 5. The addition shall be finished with exterior materials to match the existing principal structure. ��ak Location Map Project Name: Devine Variance -3620 Falcon Way Request:: Variance Case No: 14- VA- 11 -11 -12 City of 6ap 1�a Feet 0 500 1,000 2,000 Legend = Parcels ' Buildings Parks � ®ilk 16,4 city Boundary N f, =s 4 i L 4 0 o 0 O N , L N Jr 4 (( '� �, JAN °� Q N rw- COi J r ............. ............ ...' +' ,K i i nw- A R _ !fR .■ • y. III _ r t _ - i �, a p x vw E JwX31 t 0 a w° o� �o S W N Z Zo Z J W o W z v E p W J M V �- a x % 0 M d O O1 U W 3 �W W Ne- O a zz Oz p K z ^� F-W o 0O m V ZO .. .. � Watt Z Om =W Z w � �,¢ D o o n:z�o ox m zit _F. a on ¢r pdo 16 W 0 a w° o� �o S W N Z Zo w d W o z f �- j: o ¢ � E M W �'Y o U @) � N } W 0 o w ZY p a�.. D p o Z ij W OVp z mZ w m Q W ct c a w n a w O r n ? y o W � d 0 a m4 u< o >, rc4 0 n a oz To 0 u'w oz s� ix LU La p qx A M ; ) \(.0 \ 0 \ f 9E e } \ CO ._ l E )» 0 k .\ ° ® xy w \/ ~ , w /) ®& b\ zw °Q) /R(G /§ z\ \` § \))qI C)o jC) § m; w § ` A M ; ) \(.0 \ q \\ e } \ CO l E ° k .\ �� `° ) ) $ƒ e3 , w Z \$w \ \& § � § , § §2 r0 w § ` j § m% w, \ \ ] 0 o ) ƒ m a ma 4 � � � � � � I W N W H j. 0 Z J W o o z VE p W A Mj U W Q = 2 Q ❑ al n O o0 zz z�� o OZ pK ~w OL'o"o o FZ UO ❑0i�g �ZwQ UI I c ga0¢NUI� w� zaW4 -ZOOQ °w W a� Oa¢a°W U�°Umaw I W N H j. Z M o U W }Z °w W ❑. = 20. N Q > n �w O w ZY O w OUz CE o C O J W Z ao — x o O Q U` N a y - HN g LL (n CL trom I 0 v: uj I b `PL �.5 LAJ LM LLDp L/'Fm;LD 1 3 3620 Falcon Way Variance Request, Paul and Stephanie Devine 11/25/2012 3620 Falcon Way is the family residence of Paul and Stephanie Devine and their two sons Evan (14), and Liam (9). The home has three bedrooms, and 1,700 finished sq ft. Our family wishes to add more space to the home for the following reasons. The boys' ages are such they have their own bedrooms, so all three bedrooms are currently used. Stephanie is a musician who regularly works at her piano at home for her weekly church playing, and for independent work engagements. Currently the piano is in a family room which makes practice time difficult and occupies a large area of the room. Paul is a software engineer who often works from home. The desk and computer setup for doing this is located in the same family room, further reducing space and complicating work time for both Paul and Stephanie. Space is feeling very cramped. The proposed addition to the house is a two level addition to the back of the house that would provide two additional 12ft x14 ft rooms. One of these would be used as a dedicated music room, the other as a new bedroom, and an existing bedroom used for office space. This would resolve the current space problem and allow our sons to retain separate bedrooms. The addition at 168 sq. ft. would increase our building coverage to 22% of the lot size, 2% above our current zoning limit. This property is zoned in a planned development with 20% maximum building coverage on a lot size 7,840 sq. ft. It appears that some of the adjoining areas have 25% available for small lot sized building coverage but this development does not have the same zoning. The backyard of this property consists of approximately 3,200 sq. ft. The used space for the addition is only 5% of that space. The proposed addition is also a mirror of the additions that exist on several neighbors property in the immediate area. We also feel that this a modest addition to serve our needs and small enough to tastefully blend into the existing landscape as do the neighbors additions. Our family has been very happy living in Eagan since 1995, feeling very settled in our home and neighborhood. Executing on the proposed project would allow us to continue living in a place we love in a cost affordable way. The project would begin as soon as possible if variance is approved, and complete within 2 -3 months weather permitting. - Paul and Stephanie Devine l Laij RECEIVED NOY 2 6 2012 Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING C. WELLHEAD PROTECTION PLAN ACTION TO BE CONSIDERED: Approve the draft Wellhead Protection Plan Amendment, Phase I, as presented and authorize the preparation of Phase II by Barr Engineering, Inc. FACTS: • The City of Eagan's first Wellhead Protection Plan was completed in March, 2002, delineating wellhead protection areas (WHPAs) and Drinking Water Supply Management Areas (DWSMAs) in compliance with the Minnesota Wellhead Protection Rules (Minnesota Rules 4720.5100 through 4720.5590). • The City of Eagan currently has 21 municipal water supply wells divided into two areas: the North Well Field which includes 13 wells and the South Well Field which includes 8 wells. The wells draw water from the following aquifers: Mt. Simon Sandstone, Prairie du Chien Group and Jordan Sandstone. • The City has constructed two new municipal wells, Well 20 and Well 21, since the Wellhead Protection Plan was prepared. Since the last delineation of the City's WHPAs and DWSMAs, the Minnesota Department of Health (MDH) has also instituted new requirements for inclusion of fracture -flow analysis in the delineations. • As required by Minnesota Rule 4720.5570, new WHPAs and DWSMAs have been delineated for the City of Eagan. This report summarizes work completed to update the delineation of the Eagan WHPAs and DWSMAs to incorporate the new municipal wells and fulfill the current requirements of the Minnesota Wellhead Protection Rules. • An informational open house meeting was held on December 11, 2012, for all interested parties to review and discuss the proposed amendment and updated delineations. No one attended the meeting. • On December 4, 2012, the draft amendment of the Wellhead Protection Plan was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with all interested parties in compliance with the Minnesota Wellhead Protection Rules. • All notices have been published in the legal newspaper informing all interested parties of this public hearing. ATTACHMENTS: • Drinking Water Supply Management Area, Draft Exhibit, page I oq . � to .CN/IOGYiISON r g ;r u mo MUM ,1777Vi1 77ddV 1011 1O! V ®® ¢� +iat ega i1 \eq• In �' a e ®- � L . ® // � ® 1 ®� ■rl �� e� Im It�r SIPiLI ' 1 de ®RI t 'l ®11 c{ Q� ��: ,a:�IP� , d�:t�r� d• ��� . � .. � ' •v9 r�.# fi a v�y� it �- -® '. �gttte ++ a- .t�sA o �`1�bOg v r � 114�:�� +, a i_ � ♦ . ® � e�,'I. ISM - L '`:tliit] I � - L • ,� 44i ;, ,� ���. ` slip t acv yP r � t j c43 All Q • - J,® � m® Ica �' [.,�iemr ij nt i t' `"^ f!•1 + ... a, _. . °, ` tai al = �•n7��1A•�P t � 1 ,o t�aa1I��" gall WE l +m� 9 - !tlHq ■I+f ® ® ®Bi fit) t i R II III I1iu'61 'Ilk is p I P gq NOR ,1 O 3 v NMI , gloom • ewe. ' ®� °�i°�i ..a � ®e °• �IIIII /111 z+ r+ 1 I WCA Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING D. PROJECT 1088, CEDAR GROVE BOULEVARD — PHASE 2 STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1088, Cedar Grove Boulevard — Phase 2 (Street & Utility Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Project 1088 provides for the street and utility improvements for Cedar Grove Boulevard (formerly Cedarvale Boulevard) within the Cedar Grove Redevelopment Area in northwest Eagan. The realignment of Cedar Grove Boulevard begins approximately 200 feet west of the Silver Bell Road and Cedar Grove Boulevard intersection and terminates at Cedar Grove Parkway. • Contract 12 -12, approved by the City Council on September 19, 2012, provided for the grading improvements for this project. • Also on September 19, 2012, the City Council directed staff to have consultants Bolton -Menk, Inc., prepare a feasibility report considering proposed street and utility improvements of Cedar Grove Boulevard and Rahn Road. • On November 20, 2012, the feasibility report for Project 1088 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • While the City's Economic Development Authority is the owner of the vast majority of the adjacent property, detailed communication has been occurring with the other owners, including Cedarvale Bowl, Jensen's Supper Club, and Minnesota Valley Transit Authority, as well as the developer, Paragon Outlets LLC. An assessment agreement has been signed by the developer for a portion of the project costs. • All notices have been published in the legal newspaper advertising this public hearing. ATTACHMENTS: • Feasibility Report, pages through o')Q 1"10 CQnsulfng Engineers & Surveyors 41 City oi Ea an fillilli fillillillill� 11111� 11111111111111111111111111111111111111111 Street and Utility Improvements City of Eagan, Minnesota November 2012 Project Number N15.105575A \11 , • L P�-,J 8L NA EE ", I" 0 Consulting Engineers & Surveyors " 2035 County Road D East • Suite B • Maplewood, MN 55109 -5314 Phone (651) 704 -9970 • Fax (651) 704 -9971 www.bolton- menk.com December 13, 2012 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55102 RE: Cedar Grove Boulevard -Phase 2 Street and Utility Improvements City Project No. 1088 BMI Project No. N15.105575A Honorable Mayor and City Council Members, Enclosed for your review is the Cedar Grove Boulevard -Phase 2 Street and Utility Improvements feasibility report. The project includes street and utility improvements to Cedar Grove Boulevard and Rahn Road that will serve the proposed Paragon Outlet Center and multiple City owned parcels. The report includes the proposed improvements, estimated costs, financing, project schedule and recommendations. We will be in attendance at your Public Improvement Hearing on December 18th to present the report and answer any questions that you may have. Sincerely, BOLTON & MENK, INC. Katherine M. Warner, P.E. Project Engineer �/ Mark D. Kasma, P.E. Senior Principal Engineer DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer `q CEDAR GROVE IMPROVEMENTS STREET AND UTILITY Tableof Contents ...................................................................................................... ............................... i Certification............................................................................................................ ............................... iii Introduction.............................................................................................................. ............................... l ExistingConditions ................................................................................................... ..............................1 SanitarySewer .................................................................................................... ..............................1 Watermain......................................................................................................... ............................... 1 StormSewer and Ponding .................................................................................. ............................... 2 Streets................................................................................................................ ............................... 2 Lighting............................................................................................................. ............................... 2 PrivateUtilities .................................................................................................. ............................... 2 Proposed Improvements .................................................................. ............................... 3 SanitarySewer ................................................................................................... ............................... 3 Water mai n ............ ............................... ............................. ............................... . StormSewer and Ponding .................................................................................. ............................3 -4 Streets..... ............................... .. ............................... 4-5 Lighting.................................................................................................................... ............................... 5 FiberConduit ............................................................................................................ ............................... 5 PermitsApprovals and Easements .................................................................... ............................... 5 -6 EstimatedCosts ........................................................................................................ ............................... 6 Financing................................................................................................................. ............................... 7 ProjectSchedule ....................................................................................................... ............................... 7 Conclusion and Recommendations ........................................................................... ............................... 7 City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements r Page i APPENDIX Appendix A Figure No. 1 — Location Map Figure No. 2 — Proposed Development Figure No. 3 — Existing Sanitary Sewer Layout Figure No. 4 — Existing Watermain Layout Figure No. 5 — Existing Storm Sewer Layout Figure No. 6 — Proposed Sanitary Sewer Layout Figure No. 7 — Proposed Watermain Layout Figure No. 8 — Proposed Storm Sewer Layout Figure No. 9 — Proposed Pond Expansion Figure No. 10 —Proposed Street Layout Figure No. 11— Proposed Street Layout Figure No. 12 — Typical Sections for Cedar Grove Boulevard Figure No. 13 — Typical Sections for Rahn Road Figure No. 14 — Proposed Sidewalk and Trail Plan Figure No. 15 — Street Light Standard Figure No. 16 — Street Lighting Plan Appendix B — Preliminary Cost Estimate City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements (rH Page ii STREET AND UTILITY IMPROVEMENTS f _4 107 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. By: I atherine M. Warner, P.E. License No. 47666 Bolton & Monk, Inc. Date: November 27, 2012 AND Mark D. Kasma, P.E. License No. 21282 Bolton & Menk, Inc Date: November 27, 2012 City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements �rls Page iii CEDAR GROVE BOULEVARD ® PHASE 2 STREET AND UTILITY IMPROVEMENTS INTRODUCTION The proposed Paragon Outlet Center within the Cedar Grove Redevelopment Area has spurred the need to relocate the existing alignments of Cedar Grove Boulevard and Rahn Road. The realignment of Cedar Grove Boulevard begins approximately 200' west of the Silver Bell Road and Cedar Grove Boulevard intersection and terminates at a new intersection, Paragon Parkway. The realignment of Rahn Road begins at Cedar Grove Boulevard and terminates at Cedar Grove Parkway. Figure No. 1 in Appendix A identifies a location map. The City Council authorized the preparation of this Report on September 19, 2012 to determine the feasibility of the proposed street and utility improvements for both Cedar Grove Boulevard and Rahn Road. This report will include a discussion of the improvements required to serve the proposed Paragon Outlet Center, future City parking ramp and City owned outlots. Figure No. 2 in Appendix A depicts the proposed development. Public improvements include the following on Cedar Grove Boulevard and Rahn Road: • Bituminous street • Concrete curb and gutter • Bituminous trail • Concrete sidewalk • Watermain • Sanitary sewer manhole adjustments • Storm sewer • Ponding • Lighting • Fiber Conduit • Turf restoration • Striping and signage Construction of the improvements is planned for 2013. EXISTING CONDITIONS SANITARY SEWER The existing sanitary sewer is located within the existing Cedar Grove Boulevard, Cedarview Drive and Cedarvale Drive rights -of -way. Sizes and types include 8" polyvinyl chloride pipe (PVC), 9" vitrified clay pipe (VCP), 12" reinforced concrete pipe (RCP) and 15" RCP. The majority of these pipes are located within the Paragon Outlet Center proposed buildings and parking lot layouts. Based on the location of the existing sanitary sewer, the pipes will be removed by the developer during building and parking lot construction. The revised 15" sanitary sewer location, by the developer, will be along proposed Paragon Parkway. Figure No. 3 in Appendix A depicts the location of the City's existing sanitary sewer. The existing watermain is located within the Cedar Grave BoulevaLrd, Cedarview Drive, Rahn Road and Cedarvale Drive rights -of -way. Pipe sizes and types include 6 ", 8 ", 12" and 16" ductile iron pipe (DIP) City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements tq �� � :# ►►fir STREET AND UTILITY IMPROVEMENTS and cast iron pipe (CIP). The majority of the watermain is located within the proposed Paragon Outlet Center building and parking lot area. This watermain will be removed by the developer during building and parking lot construction. Figure No. 4 in Appendix A identifies the existing watermain location. STORM SEWER AND PONDING The existing storm sewer system for the majority of the Cedar Grove Redevelopment Area consists of routing stormwater via ditches and culverts from the southwest corner of the site to the northeast corner of the site. Pipe size ranges from 12" — 48" Reinforced Concrete Pipe (RCP). Figure No. 5 in Appendix A identifies the existing storm sewer layout. In the northeast corner of the site, two (2) stormwater ponds provide water quality and rate control. Adequate storage does not exist within the existing ponds for the overall redevelopment of the Cedar Grove Redevelopment Area. Modifications to these ponds and the new storm sewer system that will serve the overall redevelopment are discussed in the Proposed Utility Improvements section of this report. STREETS Cedar Grove Boulevard This bituminous roadway varies in width fi•om 44 to 56 feet. The easterly portion of the roadway is an urban section with concrete curb and gutter and medians. The westerly portion is a rural section with paved shoulders. At the connection to Nicols Road, the existing street is urban and varies from 40 to 44 feet in width. Rahn Road This urban section bituminous roadway varies in width from 44 to 48 feet. The existing roadway requires realignment at the intersection of Cedar Grove Boulevard to create a 90- degree intersection. Rahn Road will be reconstructed from Cedar Grove Boulevard to Cedar Grove Parkway. LIGHTING Decorative lighting exists along Cedar Grove Boulevard from Silver Bell Road to 500 feet west of Rahn Road. These light standards were constructed in 2011. Poles will be removed, salvaged and re- installed along the revised Cedar Grove Boulevard route. PRIVATE UTILITIES Private utilities exist throughout the Cedar Grove Redevelopment Area. The utilities of greatest interest are the Xcel high pressure natural gas pipeline and the Century Link fiber optics line. These utilities cross the redevelopment area in its entirety from west to east. A majority of this alignment is within the proposed Paragon Outlet Center building and parking lot area. City staff is in the process of addressing relocation requirements with both utility companies. In addition, in October, 2012 the City entered into a contract with Enebak Construction to complete rough grading of the future realignment of Cedar Grove Boulevard. This grading contract once completed will enable both utility companies to relocate their utilities from their existing location to the proposed Cedar Grove Boulevard alignment. Utility relocates are planned for the Spring of 2013. City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements k119 2 l ` i STREET AND UTILITY IMPROVEMENTS PROPOSED IMPROVEMENTS SANITARY SEWER No sanitary sewer improvements are proposed along Cedar Grove Boulevard or Rahn Road. Service to the City's future parking ramp and outlots will be accomplished by extending sanitary sewer services from the developer's proposed sanitary sewer improvements within Paragon Drive. Figure No. 6 in Appendix A identify the developer's sanitary sewer improvements. WATERMAIN Watermain improvements on Cedar Grove Boulevard consist of constructing 16" DIP from Rahn Road to Nicols Road. 6" DIP water services will be extended to the property line of Paragon Outlet Center. These 6" pipes will provide water service to the proposed buildings. Hydrants and valves will be constructed at appropriate locations. Watermain improvements for Rahn Road consist of constructing 8" DIP from Cedar Grove Boulevard to Cedar Grove Parkway. Gate valves will be constructed at appropriate locations. Figure No. 7 in Appendix A identifies the proposed watermain improvements for Cedar Grove Boulevard and Rahn Road. Water service to the future City parking ramp and outlots will be accomplished by extending services from the developers proposed watermain improvements along Paragon Parkway. Storm sewer improvements include the construction of a new storm sewer system that will serve the entire Cedar Grove Redevelopment Area. To accomplish this, piping will be constructed from the City's existing pond located south of Highway 13 and west of Silver Bell Road along the new Cedar Grove Boulevard corridor to Nicols Road and along Rahn Road. The storm sewer system will be designed for the 10 -year storm event. Storm sewer pipe sizes will range from 15" to 72" in diameter. Storm sewer stubs will also be constructed at critical locations along Cedar Grove Boulevard to provide outlets for the Paragon Outlet Center. In addition to the proposed storm sewer piping, the City's existing ponds will need to be expanded to meet both the National Urban Runoff Program (NURP) and National Pollutant Discharge Elimination System (NPDES) water quality requirements for the contributing watershed. Also, the City's rate control criteria for the 2, 10 and 100 -year, 24 -hour storm events will be achieved through the pond enlargement. The existing pond outlet structure will also be modified to meet the water quality and rate control performance standards. Outlots A and B in the Paragon Outlet Center plat and the vacant City land northeast of Cedarvale Bowling Center were assumed to be 85 percent impervious in a developed condition for pond sizing requirements. City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements W STREET AND UTILITY IMPROVEMENTS Cedar Grove Boulevard will be designed to Minnesota State Aid requirements. The road design speed is 30 -mph, which requires a storm design frequency of 5 -years to be used for determining the allowable water spread on the roadway. To help meet the State Aid spread requirements, a storm sewer system will be constructed along the reconstructed portion of Nicols Road. This storm sewer system will connect into the existing storm sewer line located in Nicols Road /Cedar Grove Boulevard. This storm sewer outlets to City Pond AP -53 located north of TH13 and east of TH77. The existing storm sewer system that serves the Nicols Ridge development will be rerouted, during the Paragon Outlet Center construction, towards Rahn Road. The proposed storm sewer system in Rahn Road will be designed to include the stormwater runoff from Cedar Grove Parkway and the Nicols Ridge development. Figure No. 8 in Appendix A illustrates the proposed storm sewer system. Figure No. 9 in Appendix A identifies the proposed pond expansions. STREETS Cedar Grove Boulevard A portion of Cedar Grove Boulevard realignment along the northern edge of the Cedar Grove Redevelopment Area has been graded, as approved by the City Council in anticipation of the street realignment in 2013. The proposed street layout is shown on Figure 10 and 11. Street improvements will begin 200 feet west of Silver Bell Road and terminate at Cedar Grove Parkway. Street width will vary from 32 feet (face of curb to face of curb) to 42 feet (face of curb to face curb) at intersections. The total length of street improvements is approximately 3,450 feet. Figure No. 2 in Appendix A identifies the proposed Cedar Grove Boulevard alignment. Based on the anticipated daily traffic (ADT), the preliminary pavement section is 6" of bituminous, 12" of aggregate base Class 5 and 12" of select granular borrow. Figure No. 12 in Appendix A identifies the street typical section. The proposed design alignment is based on standards for a 30 mph design speed. Between Rahn Road and Nicols Road, the general alignment parallels the Trunk Highway 13 right -of -way. Between Silver Bell Road and Rahn Road, Cedar Grove Boulevard will be shifted south of its existing alignment to create additional stormwater ponding area for the entire Cedar Grove Redevelopment Area. The street improvements will include the construction of concrete curb and gutter (Design B618). Concrete driveway apons will be constructed at both Paragon Outlet Center parking lot driveways, delivery areas and Jensen's Supper Club. Concrete sidewalk will be constructed along the east side of the roadway from Cedar Grove Parkway to the north end of the westerly Paragon Outlet Center parking lot. Concrete sidewalk will also be constructed along the south side of the roadway from Rahn Road to the westerly entrance of the Paragon Outlet Center easterly parking lot. No sidewalk is proposed along the south side of Cedar Grove Boulevard between the Paragon Outlet Center's proposed parking lots. Concrete walk is not proposed along the entire north side of the proposed buildings. A bituminous trail is proposed along the south side of Cedar Grove Boulevard between Rahn Road and Silver Bell Road, Figure No. 14 in Appendix A identifies the proposed sidewalk and trail plan. Rahn Road Street improvements consist of reconstructing Rahn Road between Cedar Grove Boulevard and Cedar City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements `11 4 STREET AND UTILITY IMPROVEMENTS Grove Parkway. Street width is proposed to be 40 feet (face of curb to face of curb) from Cedar Grove Boulevard to proposed Paragon Parkway. Street width is proposed to be 28' wide from Paragon Parkway to Cedar Grove Parkway. Figure No. 11 in Appendix A identifies the Rahn Road layout. Figure No. 13 in Appendix A identifies the street typical section. The proposed alignment matches the existing alignment at Cedar Grove Parkway. At Cedar Grove Boulevard, the roadway is shifted approximately 100 feet east. This shift is required to create a 90- degree intersection width Cedar Grove Boulevard. Although the former bank is affected by this roadway shift, it is anticipated that this structure will be demolished in the Spring of 2013. In addition to the street improvements, concrete curb and gutter (Design B618) will be constructed. Concrete sidewalk will be constructed along the entire west side of the roadway. A bituminous trail will be constructed along the entire east side of the roadway. A concrete driveway apron will be constructed at Cedarvale Bowling Center. Figure No. 14 in Appendix A identifies the proposed sidewalk and trail plan. Striping and signage is proposed for both Cedar Grove Boulevard and Rahn Road. LIGHTING The proposed lighting for Cedar Grove Boulevard and Rahn Road will be the same units as currently exist on Cedar Grove Boulevard. This includes a 15' pole with dual luminaires operating at 120 volts. Lighting spacing generally follows spacing of 110 to 150 feet based on entrance locations, conflicts, and even spacing of units. The 20 lighting units installed last year on the Cedar Grove Boulevard Phase 1 project in 2011 will be salvaged and reinstalled along with new concrete bases. An additional outlet will be installed onto each salvaged lighting unit at a height of 10'. This will result in an outlet at 5' and an outlet at 10' for the salvaged units. The 10' outlets will be utilized for festoon lighting and as such would be controlled by the photo control in the service cabinet. The 5' outlet could then have full power all the time for other uses. The salvaged units will be placed throughout the corridor to make them more integrated and to allow for the 5' outlet at strategic locations. There will be 42 new lighting units and bases with an outlet at 10' only. All of the existing conduit and wiring will be removed along existing Cedar Grove Boulevard and new conduit and wiring will be provided between all of the units. Service cabinets and sources of power (Xcel Transformers) are included in the cost estimate. The transformer installed under Phase 1 will be reused in its current location for at least half of the proposed lighting. Specific power needs and locations will be determined in final design. Figure No. 15 in Appendix A identifies the street light standard. Figure No. 16 in Appendix A identifies the street lighting plan. FIBER CONDUIT As part of the City's ongoing fiber optic infrastructure initiatives this project includes the installation of 3 conduits within the Cedar Grove Boulevard and Rahn Road right -of -way. PERMITS, APPROVALS AND EASEMENTS Permits City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements Permits will be required from the following agencies: Minnesota Department of Health (Watermain Extension) Minnesota Department of Transportation (Drainage Permit) Minnesota Pollution Control Agency (Phase 1I General Stormwater Permit for Construction Activities) Approvals • Municipal State Aid (Plan Review and Approval) Easements No permanent easements will be required for this project. Drainage and utility easements will be required from the developer for the Paragon Outlet Center utility improvements. All necessary easements and right -of -way within the proposed development will be dedicated through the platting process. Temporary grading easements may be required for the proposed street construction from Jensen's Supper Club and Cedarvale Bowling Center. ESTIMATED COSTS Proposed construction costs for the Cedar Grove Boulevard and Rahn Road improvements include the following: • Bituminous street ® Concrete curb and gutter ® Bituminous trail ® Concrete sidewalk ® Sanitary sewer manhole adjustments ® Watermain ® Storm sewer ® Ponding • Lighting • Fiber Conduit • Turf restoration • Striping and signage Appendix B identifies a preliminary cost estimate that includes estimated quantities and unit costs. The cost estimate includes a contingency factor of 10% to account for any elements of construction that are unknown at this time. They also include indirect project costs of construction such as engineering, legal fees, administrative costs, and bond interest which together are estimated at 35% of the project construction cost. The total project cost is estimated at $3,531,900.00 and is based on current public construction cost information. in City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements lE STREET AND UTILITY IMPROVEMENTS FINANCING Financing for the street and utility improvements will be provided through a combination of City Major Street Funds, City Utility Funds and reimbursement from the developers of the Paragon Outlet Center. PROJECT SCHEDULE Council Authorizes Preparation of Feasibility Report ................. ......................September 19, 2012 Present Feasibility Report//Order Public Improvement Hearing ...................November 20, 2012 Conduct Public Improvement Hearing/Order Plans and Specifications ........... December 18, 2012 Approve Plans and Specifications /Authorize Bid Advertisement ... ...............February 19, 2013 Conduct Bid Opening ............ ............................... ........_.................March 28, 2013 Accept Bids and Award Contract ............................. ..........................April 16, 2013 Construction ( Substantial) ...... ............................... ..........................June — October 2013 Construction (Wear Course) ............................................................. June 2014 Final Cost Report ................ ............................... ...........................July 2014 CONCLUSION AND RECOMMENDATIONS The improvements as recommended in this report will meet the City's needs to provide streets and utilities to the Paragon Outlet Center, future City parking ramp and City outlots. 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SCREWS NOTES: 1) LUMINAIRES SHALL BE CONSISTENT THROUGHOUT LIGHTING SYSTEM A AND SHALL BE ONE OFTHE FOLLOWING: HOLOPHANE AG- 100HP- 12- W- B- 3- N- R -B -PR KING K11B -R- EAR - III- 100- MOG -HPS- 120- K16 -PE -BK WITH FINIAL #17 STERNBERG A852A /7T /100HPS120 /HSS /R1 /BK WITH 3" ADAPTER - COOPER ACN10OWSH233X11BK14A 2) LAMP: 100 WATT HIGH PRESSURE SODIUM 5" HIGH X 8" WIDE 101/8" OIA — I- . - - -.-I DOOR OPENING (APPROX.) 3) POLE MATERIAL: ALUMINUM 4) POLE COLOR: BLACK 5) ARM FINIALS SHALL MATCH THE LUMINAIRE FINIALS TYPE 1 SPECIAL DETAIL NO SCALE CITY OF EAGAN, MINNESOTA *city of Eapfl CEDAR STREET LIGHT ANDAARDHASC 2 0 8.1- &Men ft� 2DIL NI RI ft Res o. on,n ^° En ineerIn Department NOVEMBER 2012 FIGURE NO.15 ON i- SILGER BELL GOLDIL s" ''} AW /1 i V.t z = 1 tai' � k. y { p � { {' < ,,• � 1 :�.,p $ Z Z ��� Bryn f. I a# i m 2fa °T D , '�i + �,,, 1 r`1�/ ,.# Y�L ply f �-\ •�. \% ���t - - } ,f ='Q `+� � t'f � roc` 1 t � • 4 �, 1 I I� = a k�'�� � ,, '���'��. LU it - { K 1j ;� tf'1.:)1'tj vvr L- %j r x i r. {1 ' y y 3 WN 'P I 5 "L c +s i j q 5 'alb P WO_ ?:. 4 _t7 "r Tzi T_ y� AND i Q l a. 1 i. qV Ut GNU q� r' _� STREET AND UTILITY IMPROVEMENTS Preliminary Cost Estimate City of Wan [3- City of Eagan, Minnesota Cedar Grove Boulevard -Phase 2 Street and Utility Improvements C C) Cedar Grove Boulevard - Phase 2 Street and Utility Improvements Preliminary Cost Estimate November 2012 NO ITEM UNITS QTY UNIT PRICE TOTAL PRICE PART 1 - WATERMAIN 1 CONNECT TO EXISTING WATERMAIN EA 3 $2,000.00 $6,000.00 2 HYDRANT EA 4 $2,500.00 $10,000.00 3 6" GATE VALVE EA 7 $1,500.00 $10,500.00 4 8" GATE VALVE EA 2 $2,000.00 $4,000.00 5 16" BUTTERFLY VALVE EA 3 $4,000.00 $12,000.00 6 6" WATERMAIN - DUCT IRON LF 235 $30.00 $7,050.00 7 8" WATERMAIN - DUCT IRON LF 950 $35.00 $33,250.00 8 16" WATERMAIN - DUCT IRON LF 2800 $60.00 $168,000.00 9 DUCTILE IRON FITTINGS LBS 5190 $3.00 $15,570.00 10 RELOCATE HYDRANT EA 1 $3,000.00 $3,000.00 TOTAL PART 2 - WATERMAIN $269,370.00 PART 2 -STORM SEWER 11 CONNECT TO EXISTING STORM STRUCTURE EACH 5 $1,000.00 $5,000.00 12 CONSTRUCT STM H OVER EXISTING STORM SEWER EACH 3 $2,000.00 $6,000.00 13 60" RCP STORM SEWER LIN FT 770 $160.00 $123,200.00 14 36" RCP STORM SEWER LIN FT 620 $70.00 $43,400.00 15 33" RCP STORM SEWER LIN FT 290 $60.00 $17,400.00 16 30" RCP STORM SEWER LIN FT 220 $50.00 $11,000.00 17 27" RCP STORM SEWER LIN FT 385 $42.00 $16,170.00 18 24" RCP STORM SEWER LIN FT 225 $38.00 $8,550.00 19 21" RCP STORM SEWER LIN FT 116 $35.00 $4,060.00 20 18" RCP STORM SEWER LIN FT 785 $30.00 $23,550.00 21 15" RCP STORM SEWER LIN FT 590 $28.00 $16,520.00 22 10" PVC STORM SEWER LIN FT 50 $25.00 $1,250.00 23 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48 -4020 LIN FT 132 $225.00 $29,700.00 24 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60 -4020 LIN FT 94 $310.00 $29,140.00 25 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72 -4020 LIN FT 12 $400.00 $4,800.00 26 CONSTRUCT DRAINAGE STRUCTURE DESIGN 96 -4020 LIN FT 54 $600.00 $32,400.00 27 CONSTRUCT DRAINAGE STRUCTURE DESIGN 120 -4020 LIN FT 19 $1,000.00 $19,000.00 28 CONSTRUCT DRAINAGE STRUCTURE DESIGN 2'X 3' EACH 12 $1,500.00 $18,000.00 29 PLACE SALVAGED RIP RAP CU YD 8 $100.00 $800.00 30 21" RCP FLARED END SECTION EACH 1 $2,000.00 $2,000.00 31 OUTLET STRUCTURE MODIFICATIONS LUMP SUM 1 $5,000.00 $5,000.00 32 CASTING ASSEMBLY (MANHOLE) EACH 10 $500.00 $5,000.00 33 CASTING ASSEMBLY (CATCH BASIN) EACH 30 $550.00 $16,500.00 34 STORM DRAIN INLET PROTECTION EACH 30 $200.00 $6,000.00 TOTAL PART 2 -STORM SEWER $433,440.00 PART 3 - STREET IMPROVEMENTS 35 MOBILIZATION LUMP SUM 1 $75,000.00 $75,000.00 36 TRAFFIC CONTROL LUMP SUM 1 $10,000.00 $10,000,00 37 CLEAR AND GRUB LUMP SUM 1 $3,000.00 $3,000.00 38 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 450 $2.00 $900.00 39 RECLAIM BITUMINOUS PAVEMENT (18 ") SQYD 10000 $3.00 $30,000.00 40 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQYD 300 $5.00 $1,500.00 41 REMOVE CONCRETE APRON SQYD 300 $5.00 $1,500.00 42 REMOVE CONCRETE CURB AND GUTTER LIN FT 3500 $3.00 $10,500.00 43 REMOVE CONCRETE ISLAND SQYD 150 $5.00 $750.00 44 REMOVE CONCRETE VALLEY GUTTER LIN FT 100 $3.00 $300.00 45 REMOVE STORM PIPE LIN FT 1100 $10.00 $11,000.00 No NO ITEM UNITS QTY UNIT PRICE TOTAL PRICE 46 REMOVE STORM STRUCTURE EACH 10 $300.00 $3,000.00 47 REMOVE FES EACH 1 $300.00 $300.00 48 REMOVE WATERMAIN LIN FT 1000 $10.00 $10,000.00 49 COMMON EXCAVATION (EV) CU YD 40000 $2.00 $80,000.00 50 SUBGRADE EXCAVATION (EV) CU YD 630 $3.00 $1,890.00 51 CONTAMINATED SOIL EXCAVATION (EV) CU YD 1200 $25.00 $30,000.00 52 SELECT GRANUAL BORROW (CV) CU YD 7400 $12.00 $88,800.00 53 AGGREGATE BASE CLASS 5 TON 4820 $15.00 $72,300.00 54 AGGREGATE BASE CLASS 7 TON 9630 $4.00 $38,520.00 55 4" PERFORATED PE DRAIN TILE LIN FT 8300 $6.00 $49,800.00 56 1.25" CONDUIT LIN FT 12450 $5.00 $62,250.00 57 8618 CONCRETE CURB AND GUTTER LIN FT 9020 $12.00 $108,240.00 58 COMMERCIAL CONCRETE DRIVEWAY APRON SO. YD 610 $50.00 $30,500.00 59 CONCRETE MEDIAN SO, YD 190 $40.00 $7,600.00 60 4" CONCRETE WALK SO, FT 17720 $5.00 $88,600.00 61 PEDESTRIAN CURB RAMPS SO. FT 860 $5.00 $4,300.00 62 TRUNCATED DOME PANELS SQ FT 230 $30.00 $6,900.00 63 BITUMINOUS TRAIL SQYD 1690 $9.00 $15,210.00 64 BITUMINOUS TACK COAT GAL 1680 $3.00 $5,040.00 65 BITUMINOUS NON WEARING COURSE MIXTURE TON 4030 $55.00 $221,650.00 66 BITUMINOUS WEARING COURSE MIXTURE TON 2020 $60.00 $121,200.00 67 PATCH BITUMINOUS PAVEMENT SO YD 115 $40.00 $4,600.00 68 ADJUSTVALVE EACH 1 $400.00 $400.00 69 ADJUST STRUCTURE EACH 6 $400.00 $2,400.00 70 TOPSOIL BORROW CU YD 2310 $20.00 $46,200.00 71 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 3 $1,000.00 $3,000.00 72 EROSION CONTROL BLANKETS CATEGORY 3 SO YD 9300 $1.00 $9,300.00 73 SILT FENCE, TYPE HEAVY DUTY LIN FT 5000.00 $2.00 $10,000.00 74 SEED, FERTILIZE, AND MULCH ACRE 5.9 $1,000.00 $5,900.00 75 SODDING TYPE LAWN SO. YD 13840 $3.00 $41,520.00 76 PAVEMENT MESSAGE (LEFT ARROW) - EPDXY EACH 5 $250.00 $1,250.00 77 PAVEMENT MESSAGE (RIGHT ARROW) - EPDXY EACH 6 $250.00 $1,500.00 78 4 IN SOLID LINE WHITE - EPDXY LIN FT 11740 $0.30 $3,530.00 79 4 IN DOUBLE SOLID LINE YELLOW - EPDXY LIN FT 5800 $0.60 $3,480.00 80 24 IN SOLID LINE YELLOW - EPDXY LIN FT 280 $7.00 $1,960.00 81 24 IN SOLID LINE WHITE - EPDXY LIN FT 332 $10.00 $3,320.00 82 STREET SIGNS EACH 38 $175.00 $6,650.00 83 STREET LIGHTING LUMP SUM 1 $340,000.00 $340,000.00 TOTAL PART 3 - STREET IMPROVEMENTS $1,675,560.00 SUMMARY: TOTAL PART 1- WATERMAIN $269,370.00 TOTAL PART 2 -STORM SEWER $433,440.00 TOTAL PART 3 - STREET IMPROVEMENTS $1,675,560.00 SUBTOTAL CONSTRUCTION COSTS $2,378,370.00 CONTINGENCIES (10 %) $237,830.00 TOTAL CONSTRUCTION COST $2,616,200.00 INDIRECT COSTS (35 %) $915,700.00 TOTAL PROJECT COST $3,531,900.00 m Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING E. PROJECT 1121, PATRICK ADDITION (HAY LAKE COURT) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1121, Patrick Addition (Hay Lake Court - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990; the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 23 years, the City has rehabilitated approximately 193 miles of local streets. • The resurfacing of Hay Lake Court within the Patrick Addition neighborhood in southeast Eagan has been programmed for 2013 in the City's 5 -Year Capital Improvement Program. • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On November 20, 2012, the feasibility report for Project 1121 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 10 for the adjacent property owners to discuss the proposed improvements. Of the 8 total properties (all single - family homes) proposed to be assessed under this improvement, 2 residents representing 1 property attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pagesc204 through c ;0 • Neighborhood Meeting Minutes, pages D aO. — D a k IMP � 1 i { t t ,s a From: Aaron Nelson, Assistant City Engineer Date: November 20, 2012 Re: Patrick Addition Neighborhood Street Revitalization City Project No.: 1121 Attached is our report for the Patrick Addition Neighborhood Street Revitalization, City Project No. 1121. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at you convenience to review and discuss the contents of this report. Reviewed Sy: 06partment of Public Works Reviewed By: Finance Depar(hient W I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. t ' Aaron Nelson Date: 1 Z 17 Reg. No. 45795 Date: Date: QoG TABLE OF CONTENTS ExecutiveSummary ........................................................................ ..............................1 Introduction /History ...................................................................... ..............................2 Scope............................................................................................. ..............................3 AreaTo Be Included ....................................................................... ..............................3 StreetPavement Evaluation ........................................................... ..............................3 ProposedImprovements ................................................................ ..............................4 Easements /Permits ........................................................................ ..............................5 Feasibility /Recommendations ........................................................ ..............................5 CostEstimate ................................................................................. ..............................6 Assessments.................................................................................. ..............................6 AssessmentFinancing Options ....................................................... ..............................6 RevenueSource ............................................................................. ..............................7 ProjectSchedule ............................................................................ ..............................7 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 2 3 Location Map Street Improvement /Assessment Area Map Typical Section — Mill & Overlay Executive Summary Background Project Name Patrick Addition (Hay Project # 1121 $11,400 - Lake Court) Total $33,200 $11,400 (34 %) Street Area 1671 sq. yds. Street Length 320 feet Constructed 1988 Reconstructed - Streets Included Hay Lake Court Crack Sealed - Seal Coated 1993 and 2003 Absolute Location SW % of Section 25 Relative Location North of Cliff Road Township 27, Range 23 East of Dodd Road Scope Project Details • Roadway resurfacing • Replacement of damaged curb & gutter • Adjustment /Replacement of, - Sanitary /Storm sewer - Utility castings - Water gate valves - Street signage PCI Rating Recommended Improvement Curb Removal Residential Lots Commercial /Industrial Public Facility Lots Cost Estimate/ Revenue 34/100 Patch /Repair and Overlay 12% E.3 Patrick Addition (Hay Lake Court) jog 1 Property City Mill & Overlay w/ Signage $22,800 Repair Existing Concrete Curb & Gutter $10,400 $11,400 - $11,400 $10. Total $33,200 $11,400 (34 %) $21,800 (66 %) Patrick Addition (Hay Lake Court) jog 1 November 20, 2012 Neighborhood Street Revitalization Patrick Addition (Hay Lake Court) Eagan, Minnesota Introduction History Pavement Management - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 320 feet of residential streets in the Patrick Addition (Hay Lake Court) in southeastern Eagan has been identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The street in this residential neighborhood was constructed in 1988. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is currently in the 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that this street was seal coated in 1993 and 2003. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the Patrick Addition (Hay Lake Court)' 2 project area and determined the underground system are generally in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements such as street lights, utility boxes, and above ground storm water ponds /access, and pedestrian features were evaluated. The rehabilitation of City - maintained items is included in this project, if needed. 4�Scope This project will provide resurfacing (edge mill and overlay) for approximately 320 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage. Area To Be Included Properties included in the project lie within the SW %, Section 25, adjacent to Hay Lake Court, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. a�Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct/ Reclaim The 2012 PCI rankings for the Patrick Addition (Hay Lake Court) has an average pavement condition rating of 34 which falls in the upper rankings of the "Reconstruct /Reclaim" category. While the pavement condition falls into the Reconstruct /Reclaim category, the types of pavement distresses do not reflect significant subgrade issues, and the existing pavement still has substantial strength. Therefore, a mill & overlay of this street will provide a reasonable pavement life expectancy. The 2013 construction season is the critical time to construct the bituminous overlay on this street, before its condition deteriorates further and warrants full reconstruction. Patrick Addition (Hay Lake Court) 3 c a µ,y Pro nosed Improvements Pavement - The proposed street improvements for the Patrick Addition 5 `Y (Hay Lake Court) are shown in Figure 3. x jr� The existing street section for this roadway consists of 3" bituminous ^ t }r pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a'- 1% -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 12% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with either sod or seed. While the contractor who performs the work is responsible for its establishment, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Patrick Addition (Hay Lake Court) 4 Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. ';�>EasementlPermits All work will be in the public right -of -way. No additional easements are anticipated. It is anticipated that no permits will be required for the resurfacing project. oa• _ Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2013 — 2017) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is Patrick Addition (Hay Lake Court) 5 Q �\ iEe Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. ';�>EasementlPermits All work will be in the public right -of -way. No additional easements are anticipated. It is anticipated that no permits will be required for the resurfacing project. oa• _ Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2013 — 2017) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is Patrick Addition (Hay Lake Court) 5 Q �\ recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2013 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Patrick Addition (Hay Lake Court) • Mill & Overlay w/ Signage ...................... ............................... $22,800 • Repair Existing Concrete Curb & Gutter .................... $10,400 Total............................................ ............................... $33,400 1;�>Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay - Low - Density Residential (R- 1,2,3) 50% 50% Repair Existing Concrete Curb & Gutter - 100% Residential Lots — All residential lots (8 total single- family) as shown on Figure 2, having driveway access on to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for local residential streets, based on a standard 32 -foot width. The estimated cost per single- family lot based on the City's Assessment Policy is $1,425/lot and is calculated as follows: 50% x $22,800 (Overlay and Signage Cost) $1,425 8 (Residential Lots) Assessment Financine Ootions Residential Lot The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners. In 2012, the interest rate was set at 3.5 %. The 2013 rate is not yet available, however, based on City policy it is expected to be determined by the City Council in the spring. The following payment schedule is an example of the $1,425 assessment with an estimated 3.5% interest rate: Patrick Addition (Hay Lake Court) 6�c�: Principal Per Year Interest Per Year Cost Per Year First Year $285 r $58 ( $343 I Fifth Year f $285 I $10 I $295 Bonds may be issued to finance the improvements. 1;;�'Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $21,800 (66% of total). 1;�>Proiect Schedule Present Feasibility Report to City Council /Order Public Hearing ........ November 20, 2012 Informational Meeting ......................................... ............................... December 10, 2012 Public Hearing .................................................... ............................... December 18, 2012 Approve Plans and Specifications ........................... ............................... January 18, 2013 BidDate ................................................................ ............................... February 28, 2013 AwardContract ............................................................ ............................... March 5, 2013 StartConstruction ........................................................... ............................... May 1, 2013 ProjectCompletion ........................................................ ............................... August, 2013 FinalCost Report .................................................... ............................... September, 2013 Final Assessment Hearing .................................................. ............................... Fall, 2013 First Payment Due with Property Tax Statement ........... ............................... May 15, 2014 Patrick Addition (Hay Lake Court) 7 City Contribution Property Assessment Project Cost Mill and Overlay (Including Signage) $11,400 $11,400 $22,800 Repair Existing Curb & Gutter $10,400 - $10,400 Totals $21,800 $11,400 $33,200 The City's Major Street Fund will finance the estimated project deficit of $21,800 (66% of total). 1;�>Proiect Schedule Present Feasibility Report to City Council /Order Public Hearing ........ November 20, 2012 Informational Meeting ......................................... ............................... December 10, 2012 Public Hearing .................................................... ............................... December 18, 2012 Approve Plans and Specifications ........................... ............................... January 18, 2013 BidDate ................................................................ ............................... February 28, 2013 AwardContract ............................................................ ............................... March 5, 2013 StartConstruction ........................................................... ............................... May 1, 2013 ProjectCompletion ........................................................ ............................... August, 2013 FinalCost Report .................................................... ............................... September, 2013 Final Assessment Hearing .................................................. ............................... Fall, 2013 First Payment Due with Property Tax Statement ........... ............................... May 15, 2014 Patrick Addition (Hay Lake Court) 7 Item No. Appendix A Preliminary Cost Estimate City Project 1121 - Patrick Addition (Hay Lake Court) Item Unit Unit Price Est Estimated Qty I Cost Part I - Bituminous Street Overlay 2101.601 Remove Trail Overgrowth 2104.501 Remove Concrete Curb and Gutter 2104.503 2021.501 Mobilization LS $2,500.00 1 $ 2,500.00 2104.505 Remove Bituminous Pavement SY $7.50 20 $ 150.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 640 $ 1,024.00 2232.501 Mill Bituminous Pavement Full Width (1 -1/4" to 3 -3/4" depth) SY $2.00 $ - 2357.502 Bituminous Material for Tack Coat GAL $2.75 90 $ 247.50 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 155 $ 8,990.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 2 $ 200.00 2504.602 Adjust Gate Valve Box EA $110.00 $ - 2504.602 Repair Gate Valve Mid Section EA $300.00 0 $ 2504.602 Repair Gate Valve Top Section w /Cover EA $275.00 0 $ - 2506.602 Adjust Manhole Casting - Riser Adjustment EA $210.00 1 $ 210.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 2 $ 850.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $750.00 $ - 2506.602 Remove & Replace Topslab w/ Cstg. (1642B) EA $1,525.00 $ 2582.501 Pavement Message Arrow (Left) - Epoxy EA $100.00 $ - 2582.501 Pavement Message Arrow (Right) - Epoxy EA $100.00 $ - 2582.501 Pavement Message Arrow (Thru) - Epoxy EA $100.00 $ 2582.501 Pavement Message Arrow (Right/Thru) - Epoxy EA $130.00 $ 2582.501 Pavement Message Arrow (Left /Thru) - Epoxy EA $130.00 $ 2582.502 24" Solid Line White - Epoxy LF $7.00 $ 2582.502 24" Solid Line Yellow - Epoxy LF $7.00 $ 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 $ 2582.502 4" Solid Line White -Epoxy LF $0.25 $ _ 2582.502 12" Solid Line White - Epoxy LF $3.25 $ _ 2582.503 Zebra Crosswalk White - Epoxy SF $4.00 $ _ SP -1 Signage Remove & Replace LS $1,000.00 1 $ 1,000.00 2563.601 Traffic Control LS $1,500.00 1 $ 1,500.00 Subtotal 5% Contingency Subtotal 30% Indirect Costs Part I - Bituminous Street Overlay Item No. I Item Part ii - Repair Existing Curb & Gutter 2101.601 Remove Trail Overgrowth 2104.501 Remove Concrete Curb and Gutter 2104.503 Remove Concrete Sidewalk (4 ") 2104.503 Remove Concrete Sidewalk (6 ") 2104.505 Remove Bituminous Pavement 2104.503 Remove Bituminous Trail Pavement 2104.505 Remove Concrete Driveway 2104.505 Remove Concrete Valley Gutter Patrick Addition (Hay Lake Court) Q 1J e - y VJJ..7o $ 17,505.08 $ 5,251.52 $ 22,756.60 - Unit Unit Price Est Estimated Qty I Cost LS $3,300.00 $ - LF $6.50 115 $ 747.50 SF $2.00 $ _ SF $2.25 $ _ SY $7.50 20 $ 150.00 SF $1.15 $ _ SY $18.00 $ - SY $15.00 37 $ 555.00 2104.523 Salvage Casting EA $110.00 $ _ 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $24.50 2 $ 49.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 2 $ 200.00 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) TON $70.00 $ - 2502.541 6" HDPE Perf. Drain Tile (S.P. 9261) LF $17.00 $ 2503.602 Connect to Existing Drainage Structure EA $575.00 $ _ 2504.602 Repair Residential Sprinkler Head EA $70.00 3 $ 210.00 2504.602 Repair Sprinkler System EA $375.00 1 $ 375.00 2506.521 Install Casting EA $600.00 $ _ 2506.602 Adjust Frame & Ring Casting (CB) EA $230.00 $ _ 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 1 $ 400.00 2506.602 Remove & Replace Casting (Catch Basin) EA $650.00 $ - 2506.602 Remove & Replace CBMH Top Slab w /Cstg. EA $1,700.00 $ - 2506.602 Remove & Replace Top Slab w /Cstg. R 3501 -TR EA $1,525.00 $ - 2506.602 Remove & Replace CBMH Structure w /Cstg (4' Dia.) EA $4,050.00 $ - 2506.602 Remove & Replace CBMH Structure w /Cstg (6' Dia.) EA $7,055.00 $ - 2506.602 Remove & Replace CB Structure (2' x 3') EA $3,150.00 $ - 2506.602 Remove & Replace CB Structure w /Cstg (2'x 31) EA $3,800.00 $ - 2506.602 Construct CBMH over Existing Pipe W /Cstg. (4' Dia.) EA $5,550.00 $ _ 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $150.00 2 $ 300.00 2521.501 6" Concrete Walk - Bullnose SF $5.75 $ _ 2521.501 4" Concrete Sidewalk SF $3.90 $ 2521.501 6" Concrete Sidewalk SF $4.50 $ _ 2521.501 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $4.90 $ _ 2531.501 Concrete Curb & Gutter D412 LF $14.70 115 $ 1,690.50 2531.501 Concrete Curb and Gutter, B612 LF $16.65 $ _ 2531.501 Concrete Curb and Gutter, B618 LF $16.15 $ 2531.501 Concrete Curb and Gutter, Surmountable LF $16.00 $ 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $56.25 $ _ 2531,507 7" Concrete Driveway Pavement - High Early SY $47.25 $ - 2531.507 Concrete Valley Gutter - High Early SY $54.00 37 $ 1,998.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $145.00 $ - 2531.618 Truncated Dome Detectable Warning Paver (Radius Plate) EA $170.00 $ - 2540.602 Repair Underground Electric Fence EA $130.00 2 $ 260.00 2540.602 Repair Residential Landscaping EA $350.00 1 $ 350.00 2565.602 NMC Loop Detector EA $1,000.00 $ - 2573.530 Storm Drain Inlet Protection EA $120.00 1 $ 120.00 2575.609 Seeding (MnDOT 270 w /Type 1 Mulch Special) SY $8.00 15 $ 120.00 2575.505 Sodding, Type Lawn (Highland) SY $8.55 $ _ 2575.551 Compost, Grade 1 TON $40.00 2 $ 80.00 Subtotal $ 7,605.00 5% Contingency $ 380.25 Subtotal $ 7,985.25 30% Indirect Costs $ 2,395.58 Part II - Repair Existing Curb & Gutter $ 10,380.83 Part I - Bituminous Street Overlay $ 22,756.60 Part II - Repair Existing Curb & Gutter $ 10,380.83 Project 1121 Total Cost S qq 1q-7 A-) Patrick Addition (Hay Lake Court) Appendix B Preliminary Assessment Roll City Project 1121 - Patrick Addition (Hay Lake Court) Hay Lake Court R -1 Residential P.I.N. Equivalent Unit Assessment Total 695 HAY LAKE COURT 10- 56790 -01 -040 1 $ 1,425.00 $ 1,425,00 699 HAY LAKE COURT 10- 56790 -01 -030 1 $ 1,425.00 $ 1,425.00 702 HAY LAKE COURT 10- 56790 -01 -050 1 1,425.00 $ 1,425.00 703 HAY LAKE COURT 10- 56790 -01 -020 1 $ 1,425.00 $ 1,425.00 706 HAY LAKE COURT 10- 56790 -01 -060 1 $ 1,425.00 $ 1,425.00 707 HAY LAKE COURT 10- 56790 -01 -010 1 $ 1,425.00 $ 1,425.00 710 HAY LAKE COURT 10=56790 -01 -070 1 .$ 1,425.00 $ 1,425.00 714 HAY LAKE COURT 10- 56790 -01 -080 1 $ 1,425.00 $ 1,425.00 Subtotal 8 $ 11,400.00 Patrick Addition (Hay Lake Court) Patrick Addition ( Hay Lake Ct.) q�'Cityfl,ap Street Revitalization x Project 1121 Fig. 1 Engineering Department Location Map A' -I Patrick Addition (Flay Fake Ct.) qRMW Street Devitalization - Project 1118 Ch of bull Street Improvement Area FIG. 2 EDGE MILL (6' -8' wide) I 50' ROW 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section -, hie 28' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE EX. CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Bituminous Street Overlay Proposed Typical Section oi3 City of Ea�a� Patrick Addition - ( Hay Lake Ct.) Fig. 3 Typical Sections - Project 1121 Engineering Department c� 2 PATRICK ADDITION Street Revitalization City Project No. 1121 Informational Meeting — 6:30 P.M. Monday, December 10, 2012 Conference Rooms 1A & B Attendance Aaron Nelson, Assistant City Engineer, 2 residents from the Patrick Addition development representing one single family home (see attached sign -in sheet). This meeting was held in conjunction with the Dodd Farm and Dodd Road neighborhood meetings. Presentation of Project Details Nelson welcomed the residents and presented project information, including details such as construction, costs, schedule and assessments. Since only two residents were in attendance, the meeting was conducted as an informal conversation to address all of the resident's questions regarding the project. A short ETV video on the street improvement process was also shown. Questions/ Comments 1. Will the road be open during construction? Will access be maintained to driveways? Dodd Road will be open to traffic during construction. We do not anticipate any closures during the work, however, some phases of work will require short term lane closures and the contractor will likely use flagmen to help direct traffic. Access to the driveway should be maintained throughout construction. If curb needs to be replaced at your driveway, the contractor can provide a temporary access for use during a 72 hour concrete curb curing period. 2. How long will the construction last? Construction is anticipated to begin in late April or early May (weather dependent). The size and scope of the improvements will likely result in a 4 to 6 week construction timefiame. 3. How and when will the final assessment amounts be determined? A letter will be sent to you this fall after the construction similar to the letter you received informing you of tonight's meeting and the upcoming public hearing. This future letter will include the final cost or assessment for the street improvement. It will also invite you to another public hearing that specifically addresses the final cost to you as a property owner. At the close of this meeting and the City Council's corresponding approval of the final assessment costs, you will have 30 days in which to pay the frill assessment cost, or any portion, without interest. Payment during this 30 -day period should be made at city hall. After the 30 -day period, any remaining portion of the assessment will be forwarded to Dakota County for collection as part of the property taxes. 3.5 to 5% interest is anticipated to be charged for a maximum of five years or until paid in frill. 4. What happens with assessments if a home is sold? A pending assessment will be placed on each property after the Public Improvement Hearing is held. The assessment will not be certified until after the assessment hearing is held this fall. After certification, any remaining assessment needs to be paid in frill at the time of sale. The meeting adjourned at 7:05 p.m. =110 INFORMATIONAL MEETING Patrick Addition n Street Revitalization Assessment City of Eagan Project No. 1121 Monday, December 10, 2012 6:30 p.m. — Conference Room 1AD NAME ADDRESS PHONE NO. 1. J 2. 3. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING F. PROJECT 1120, NICOLS ROAD (CEDAR GROVE PKWY to MEGHAN LN) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1120, ( Nicols Road, Cedar Grove Parkway to Meghan Lane - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 23 years, the City has rehabilitated approximately 193 miles of local streets. • The resurfacing of Nicols Road, Cedar Grove Parkway to Meghan Lane, in southeast Eagan has been programmed for 2013 in the City's 5 -Year Capital Improvement Program. • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On November '20, 2012, the feasibility report for Project 1120 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 10 for the adjacent property owners to discuss the proposed improvements. Of the 114 total properties (13 single - family homes, 88 town homes, 11 commercial /industrial, and 2 public facilities) proposed to be assessed under this improvement, no one attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages through o4q. 74" City of Eagan Ma To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 20, 2012 Re: Nicols Street Revitalization City Project No.: 1120 Attached is our report for the Nicols Road Street Revitalization, City Project No. 1120. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at you convenience to review and discuss the contents of this report. Reviewed By: Ii partment of Public Works Reviewed Finance Depa*tment I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. �f W v� eau, Aaron Nelson Date: I L t .Z Reg. No. 45795 Date: /2' - / "/ `> 2. Date: TABLE OF CONTENTS ExecutiveSummary ........................................................................ ..............................1 Introduction /History ...................................................................... ..............................2 Scope............................................................................................. ..............................3 AreaTo Be Included ....................................................................... ..............................3 StreetPavement Evaluation ........................................................... ..............................3 ProposedImprovements ................................................................ ..............................4 Easements /Permits ........................................................................ ..............................7 Feasibility /Recommendations ........................................................ ..............................7 CostEstimate ................................................................................. ..............................8 Assessments.................................................................................. ..............................8 AssessmentFinancing Options ....................................................... .............................10 RevenueSource ............................................................................. .............................10 ProjectSchedule ............................................................................ .............................11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Map - 3 Typical Section — Mill & Overlay Executive Summary Backeround Project Name Nicols Road Project # 1120 Street Area 16,438 sq. yds. Street Length 3,307 feet Streets Included Nicols Road Constructed 1942 Reconstructed 1987 Overlayed - Crack Sealed - Seal Coated 1992 and 2002 Absolute Location N % of Section 30, S % of Section 19, Township 27, Range 23 Relative Location North and South of Diffley Road East of TH 77 (Cedar Ave) Project uetans • Roadway resurfacing PCI Rating 31/100 • Replacement of damaged Recommended Full width mill and curb & gutter Improvement 2.5" overlay Curb Removal 7/ • Adjustment /Replacement of; Scope o Sanitary /Storm sewer Low Density Res. Lots 13 • Utility castings • Water gate valves High Density Res. Units 88 • Street signage • Trail overlay Commercial /Industrial Public Facility Lots 11 2 Cost Estimate/ Revenue Nicols Road / 1 aD ,, Property City Mill & Overlay w/ Signage $308,300 $190,664 $117,636 Repair Existing Concrete Curb & Gutter/ $ 87,700 Trail Overlay - $ 87,700 Concrete Entrance Replacement $ 39,000 $ 39,000 - Total $435,000 $229,664 (53 %) $205,336 (47 %) Nicols Road / 1 aD ,, November 20, 2012 Street Revitalization Nicols Road Eagan, Minnesota 4�a.. Introduction History Pavement Management - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. 3,300 feet of Nicols Road, a collector roadway, Nichols Road, in east - central Eagan, has been identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. This street was originally constructed in 1942, and reconstructed in 1987. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is currently in the 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that this street was seal coated in 1992 and 2002. The area immediately south of the project limits received a mill and overlay in 2010. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the Nicols Road r� 2 C�Q t project area and determined the underground systems are generally in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements such as street lights, utility boxes, and above ground storm water ponds /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items is included in this project, if needed. Scope This project will provide resurfacing (full width mill and overlay) for approximately 3,300 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, reconstruction of commercial driveway entrances with concrete aprons, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage, and overlaying the existing trail in the east boulevard from Cedar Grove Parkway to Glory Drive. 4; /area To Be Included Properties included in the project lie within the N % of Section 30 and S % of Section 19, lying both north and south of Diffley Road (CSAH 30), and east of TH 77 (Cedar Ave. Freeway) in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. 4 � Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct/ Reclaim The 2012 PCI rankings for the street segments have a weighted average pavement condition rating of 31 for Nicols Road, which falls near the lower limits of the "Patch /Repair and /or Overlay ", or the upper limits of the "Reconstruct /reclaim" categories, as mentioned above. While the pavement condition falls into the Reconstruct /Reclaim category, the types of pavement distresses do not reflect significant subgrade issues, and the existing pavement still has substantial strength. Therefore, a mill & overlay of this street will provide a reasonable Nicols Road � 3, aa(, pavement life expectancy. The 2013 construction season is the critical time to construct the bituminous overlay on this street, before its condition deteriorates further and warrants full reconstruction. 1 �a P posgd Improvements Pavement - The proposed street improvements for Nicols Road are shown in Figure 3. The existing street ranges from 44' to 52' wide. The section for this roadway consists of 5.5" bituminous pavement supported by 8" gravel base south of Diffley Road and ►! h` �: - _ 6.5 of bituminous pavement supported by 11" of gravel base north of- Diffley Road. The existing bituminous surface g will be milled to a depth of 2 inches over the entire width of the road to accommodate a 2- to 3 -inch bituminous overlay (2" near curb and 3" near centerline). The overlay, combined with the existing street section, will provide a street section consistent with current City standards for collector roadways. The overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Construction of the Cedar Grove improvements (Project 1088) and development are expected to begin in spring 2013. The Nicols Road Street Revitalization Project will be coordinated with these improvements. The area immediately north and south of Diffley Road is proposed to be re- striped to accommodate lane modifications as identified in the Cedar Grove AUAR Traffic Study. The proposed modifications include: ® Restriping the south approach of Nicols Road to include a northbound left -turn lane and a shared through /right- turn lane. Restriping the north approach of Nicols Road to include a southbound left -turn lane, through lane, and right -turn lane. The restriping results in only one northbound lane exiting the intersection on the north approach. ® Install a northbound protected- permissive left -turn phase. Nicols Road 4 QD9 Any traffic signal improvements associated with re- striping the Nicols Road and Diffley Road intersection will be coordinated with Dakota County. All costs will be paid by the County, the Major Street Fund, or a combination of the two. Following the street assessment policy, no assessments will be included for these improvements. Because the extent of the improvements has not yet been determined, the costs and funding sources are not included in this report. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 7% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with either sod or seed. While the contractor who performs the work is responsible for its establishment (sod for 30 days, seed for longer), adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Sidewalk /Path & Pedestrian Ramps — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this Nicols Road 5 — a, .: g ,i J. .. E. Sidewalk /Path & Pedestrian Ramps — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this Nicols Road 5 detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps along the existing trail. In addition, the trail along Nicols Road will receive a 1 -1/2" bituminous overlay along the entire length. Concrete Entrance Replacement — Some of the properties along Nicols Road were constructed with bituminous driveway entrances and are proposed to be replaced. Others are currently concrete, but in need of repair. These entrances will be reconstructed with 7" -thick concrete aprons in accordance with Eagan Standard Detail 440. These replacements will provide commercial entrances of adequate strength and width, and will be consistent with similar projects in commercial /industrial areas within the project area and throughout the City. Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Xcel Energy and Dakota Electric Association) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Storm Water Quality improvements — Several pond improvements to improve storm water quality have been identified in the 2013 -2017 CIP and are proposed for construction in 2013 and 2014. Timing will be determined based on the scope of the improvements, required permits and public comment periods, soil testing results, and the desirable time of year to construct the improvements. These improvements will either be performed in- house, or through a separate contract. The work proposed in the Nicols Road area includes modifications to City Pond AP -3 and identifies removal of approximately 166 cubic yards of sediment. Because this work will not be assessed, financing will be through the City's existing Storm Water Utility Fund 1126 — Storm Drainage System Renewal and Replacement. The associated preliminary cost estimates and assessment rolls are not included with this report. Nicols Road 6 O'N Easement Permits All work will be in the public right -of -way. No additional easements are anticipated for the improvements. The only permit anticipated will be from Dakota County to work within the Diffley Road right -of -way. ';�>Fgqsjbilitd and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2013 — 2017) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Nicols Road 7 1;�>Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2013 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Nicols Road • Mill & Overlay w/ Signage ...................... ............................... $ 308,300 • Repair Existing Concrete Curb & Gutter & Trail Overlay....... $ 87,700 • Concrete Entrance Replacement ........... ............................... $ 39,000 Total............................................ ............................... $ 435,000 a; Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for collector roadways. A pavement thickness factor adjustment is proposed for residential properties to adjust the assessment to make it consistent with those on residential streets of similar age and condition. In this case, the 2" to 3" (2 -1/2" average) overlay is being used instead of a 1 -1/2" overlay that would typically be used on similar residential streets. The adjustment factor anticipated is 1.5 "/2.5 ", but the actual will be determined by the final design. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. On the south end of the project area, the multi - family development on the east side of the road was previously assessed for 203' of adjacent frontage, and the commercial parcel on the west side of the road was assessed 256' of adjacent frontage as part of a mill and overlay project in 2008. That frontage will not be considered in the total lengths for the assessment calculations as part of this project. City Special Assessment Policy *based on a comparable Zoning Equivalent Ratio of total width Nicols Road 8 Assessment Ratio Property City Mill & Overlay— Low & Medium - Density Res. (R- 1,2,3)* 50% 50% Mill & Overlay- Public Facilities* 75% 25% Mill & Overlay - Commercial /Industrial /Public Facility 100% - Repair Existing Concrete Curb & Gutter - 100% Trail Overlay - 100% Concrete Entrance Replacement 100% - *based on a comparable Zoning Equivalent Ratio of total width Nicols Road 8 Residential Lots — All residential lots, as shown on Figures 2A, 2B, and 2C, having driveway or private street access to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for collector roadways, based on a comparable standard 32 -foot width. Since Nicols Road varies from 44 to 46 wide, with the vast majority being 44 feet wide, the assessment for residential lots will be reduced by multiplying the assessment rate by a factor of 32'/44'. The estimated assessments, based on the City's Assessment Policy, and a 1.5 "/2.5" pavement thickness adjustment factor, is $10.17 /foot, which equates to $915 /single family lot and $59 /multi - family unit, and is calculated as follows: SINGLE FAMILY • $308,300 (Mill and Overlay Costs) /6,614' (Total Frontage) _ $46.61 / Front Foot ® $46.61 / Front Foot x 50% (Assessment Rate) x 32'/44' x 1.5 "/2.5" _ $10.17 / Residential Front Foot • $10.17/ Residential Front Foot x 1,170' Single Family Front Foot / 13 lot = $915 / Single Family Lot MULTI - FAMILY ® $308,300 (Mill and Overlay Costs) / 6,614' (Total Frontage) _ $46.61 / Front Foot • $46.61 / Front Foot x 50% (Assessment Rate) x 32'/44' x 1.5 "/2.5" _ $10.17/ Residential Front Foot ® $10.17/ Residential Front Foot x (712' Multi - Family Residential Frontage — 203' Front Feet previously assessed in 2008) / 88 units = $59 / Multi - Family Unit Public Facility Lots — All Public Facility lots (Burnsville Alternative High School — 592' frontage, and the Cedar Grove Transit Station- 1,315' frontage), as shown on Figure 2, within the project area are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable, based on a comparable standard 32 -foot width. Since Nicols Road varies from 44 to 46 wide, with the vast majority being 44 feet wide, the assessment for public facility lots will be reduced by multiplying the assessment rate by a factor of 32'/44'. The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $25.42 /front foot and is calculated as follows; ® $308,300 (Mill and Overlay Costs)./ 6,614' (Total Frontage) _ $46.61/ Front Foot • $46.61 / Front Foot x 75% (Assessment Rate) x 32'/44' _ $25.42 / Public Facility Front Foot • School assessment: 592 Front Feet x $25.42/ Public Facility F.F. _ $15,049 • MVTA Assessment: 1,695 Front Feet x $25.42/ Public Facility F.F. _ $43,087 Commercial /Industrial /Office —All commercial /industrial /office lots as shown on Figure 2 (2,477 front feet total), within the project area are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable, regardless of Nicols Road 9 street width. The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $46.61 /front foot and is calculated as follows; ® $308,300 (Mill and Overlay Costs) / 6,614' (Total Frontage) = $46.61/ Front Foot ® $46.61 / Front Foot x 100% (Assessment Rate) = $46.61/ Commercial Industrial Front Foot 100% of commercial driveway aprons being repaired or replaced are assessed to the property owner. The estimated rate is $104 per square yard. The remaining Nicols Road frontage within the project area (171' or 2.6 %) is considered non - assessable under the City's Assessment Policy. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners and over 10 years for commercial /industrial and public facility owners. In 2012, the interest rate was set at 3.5 %. The 2013 rate is not yet available, however, it is expected to be comparable and based on City policy will be determined by the City Council in the spring. The following payment schedule is an example of a single family assessment of $915 with an estimated 3.5% interest for the assessed amounts: �I Principal Per Year Interest Per Year City Contribution Cost Per Year First Year 1.-- -$183 [ $37 Repair Existing Curb & Gutter/ Trail Overlay $220 Fifth Year $183 $ 6 $ 39,000 $189 Bonds may be issued to finance the improvements. �Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund and the Storm Drainage System Renewal and Replacement Fund will finance the estimated project deficit of $205,336 (47% of total). The Storm Drainage Nicols Road 10 c oject ost ;;$3;08,300] Property Assessment City Contribution Mill and Overlay (Including Signage) $190,664 $117,636 Repair Existing Curb & Gutter/ Trail Overlay $ 87,700 - $ 87,700 Concrete Entrance Replacement $ 39,000 $ 39,000 - Totals $435,000 $229,664 $205,336 The City's Major Street Fund and the Storm Drainage System Renewal and Replacement Fund will finance the estimated project deficit of $205,336 (47% of total). The Storm Drainage Nicols Road 10 c System Renewal and Replacement Fund will finance any pond improvements to City Pond AP -3 including removal of sediment as part of a separate project. �Prviect Schedule Present Feasibility Report to City Council /Order Public Hearing November 20, 2012 Informational Meeting .................... ............................... .......................December 10, 2012 PublicHearing .................................. ............................... .......................December 18, 2012 Approve Plans and Specifications ....... ............................... ........................January 18, 2013 BidDate ..................................................................... ............................... February 28, 2013 AwardContract ............................................................... ............................... March 5, 2013 StartConstruction .............................................................. ............................... May 1, 2013 ProjectCompletion ........................................................... ............................... August, 2013 FinalCost Report ................................... ............................... ......................September 2013 Final Assessment Hearing ....................................................... ............................... Fall, 2013 First Payment Due with Property Tax Statement ............ ............................... May 15, 2014 Nicols Road 11 Appendix A Preliminary Cost Estimate City Project 1120 Nicols Road Item No. Item Unit Unit Price Est Qty Estimated Cost Part I - Bituminous Street Overlay Costs $ 71,153.52 Part 1 Total $ 308,331.93 SP WEA340B Wearing Course Mixture (Patch) 2021.501 Mobilization LS $5,000.00 1 $ 5,000.00 2104,505 Remove Bituminous Pavement SY $7.50 150 $ 1,125.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $24.50 10 $ 245.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 24.5 $ 39.20 2232.501 Mill Bituminous Pavement Full Width (1 -1/4" to 3 -3/4" depth) SY $2.00 .16540 $ 33,080.00 2357.502 Bituminous Material for Tack Coat GAL $2.75 1000 $ 2,750.00 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 2560 $ 148,480.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 10 $ 1,000.00 2504.602 Adjust Gate Valve Box EA $110.00 3 $ 330.00 2504.602 Repair Gate Valve Mid Section EA $300.00 1 $ 300.00 2504.602 Repair Gate Valve Top Section w /Cover EA $275.00 1 $ 275.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 1 $ 425.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $750.00 1 $ 750.00 2565.602 NMC Loop Detector 6'x 6' EA $1,100.00 12 $ 13,200.00 2582.501 Pavement Message Arrow (Left) - Epoxy EA $100.00 3 $ 300.00 2582.501 Pavement Message Arrow (Right) - Epoxy EA $100.00 2 $ 200.00 2582.501 Pavement Message Arrow (Right /Thru) - Epoxy EA $130.00 1 $ 130.00 2582.501 Pavement Message Arrow (Left /Thru) - Epoxy EA $130.00 $ - 2582.502 24" Solid Line Yellow - Epoxy LF $7.00 45 $ 315.00 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 3240 $ 1,620.00 2582.502 4" Solid Line White -Epoxy LF $0.25 6480 $ 1,620.00 $ SP -1 Signage Remove &Replace LS 9,700.00 1 $ 9,700.00 2563.601 Traffic Control LS $5,000.00 1 $ 5,000.00 Subtotal $ 225,884.20 5% Contingency $ 11,294.21 Subtotal $ 237,178.41 30% Indirect 2211.501 Costs $ 71,153.52 Part 1 Total $ 308,331.93 Item No. Item Unit Unit I Est Qty Estimated Cost Price Part II - Repair Existing Curb & Gutter 2101.601 Remove Trail Overgrowth 2104.501 Remove Concrete Curb and Gutter 2104.503 Remove Bituminous Trail Pavement 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) 2357.502 Bituminous Material for Tack Coat 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) 2504.602 Repair Residential Sprinkler Head 2504.602 Repair Sprinkler System 2506.602 Adjust Frame & Ring Casting (CB) 2506.602 Remove & Replace CB Structure w /Cstg (2'x 3') 2506.602 Install 2 x 3 CB Erosion Barrier Shroud 2521.501 6" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset 2531.501 Concrete Curb and Gutter, B618 2531.618 Truncated Dome Detectable Warning Paver (2x2) 2540.602 Repair Underground Electric Fence Nicols Road 0�� LS $3,300.00 1 $ 3,300.00 LF $6.50 420 $ 2,730.00 SF $1.15 1200 $ 1,380.00 TON $24.50 10 $ 245.00 GAL $2.75 160 $ 440.00 TON $100.00 25 $ 2,500.00 TON $70.00 300 $ 21,000.00 EA $70.00 5 $ 350.00 EA $375.00 1 $ 375.00 EA $400.00 11 $ 4,400.00 EA $3,800.00 2 $ 7,600.00 EA $150.00 2 $ 300.00 SF $6.00 400 $ 2,400.00 LF $16.15 420 $ 6,783.00 EA $145.00 20 $ 2,900.00 EA $130.00 5 $ 650.00 2540.602 Repair Residential Landscaping EA $350.00 5 $ 1,750.00 2573.530 Storm Drain Inlet Protection EA $120.00 6 $ 720,00 2575.609 Seeding (MnDOT 270 w /Type 1 Mulch Special) SY $60.00 50 $ 3,000.00 2575.505 Sodding, Type Lawn (Highland) SY $8.55 90 $ 769.50 2575.551 Compost, Grade 1 TON $40.00 17 $ 680.00 $20.00 151 $ 3,020.00 Subtotal $ 64,272.50 $13.00 227 $ 2,951.00 5% Contingency $ 3,213.63. $24.00 30 $ 720.00 Subtotal $ 67,486.13 $24.50 10 $ 245.00 30% Indirect SP WEA340B Wearing Course Mixture (Patch) TON $100.00 5 $ 500.00 Costs $ 20,245.84 $425.00 1 $ 425.00 Part 2 Total $ 87,731.96 Item No. Item T Unit Unit Price Est Qty Estimated Cost Part III - Concrete Entrance Aprons $ 29,959.18 30% Indirect Costs $ 8,987'75 Unit Contract 38,946.93 Part I Bituminous Street Overlay Item # Item Unit Price Quantity Total Cost 2104.501 Remove Concrete Curb and Gutter LF $6.50 139 $ 903.50 2104.505 Remove Concrete Driveway /Valley Gutter SY $20.00 151 $ 3,020.00 2104.505 Remove Bituminous Pavement SY $13.00 227 $ 2,951.00 2105.501 Common Excavation CY $24.00 30 $ 720.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $24.50 10 $ 245.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 5 $ 500.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 1 $ 425.00 2531.501 Concrete Curb and Gutter, B618 LF $16.15 50 $ 807.50 2531.507 Concrete Valley Gutter - High Early SY $54.00 $ _ 2531.507 7" Concrete Driveway Pavement- High Early SY $47.25 341 $ 16,112.25 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $56.25 35 $ 1,968.75 2575.609 Seeding (MnDOT 240 w/Type 1 Mulch Special) SY $60.00 7 $ 420.00 2575.505 Sodding, Type Lawn (Highland) SY $8.55 21 $ 179.55 2575.551 Compost, Grade 1 TON $40.00 7 $ 280.00 Subtotal $ 28,532.55 5% Contingency $ 1,426.63 Subtotal $ 29,959.18 30% Indirect Costs $ 8,987'75 Part 3 Total $ 38,946.93 Part I Bituminous Street Overlay $ 308,331.93 Part II Repair Existing Curb & Gutter $ 87,731.96 Part III Concrete Entrance Aprons $ 38,946.93 TOTAL $ 435,010.83 Nicols Road Appendix B Preliminary Assessment Roll City Project 1120 - Nicols Road Residential Frontage Nicols Road 17.69% Commercial /Industrial Frontage 2477 37.45% Public Facility Frontage 2287 34.58% multi Family 509 R -1 Residential P.I.N. Lot Rate/ Lot Total 4064 NICOLS ROAD 10- 16702 -01 -010 1 $ 915.30 $ 915.30 4072 NICOLS ROAD 10- 16700 -01 -010 1 $ 915.30 $ 915.30 4080 NICOLS ROAD 10- 16700 -01 -020 1 $ 915.30 $ 915.30 4100 NICOLS ROAD 10- 16700 -02 -020 1 $ 915.30 $ 915.30 4106 NICOLS ROAD 10- 16700 -02 -030 1 $ 915.30 $ 915.30 4112 NICOLS ROAD 10- 16700 -02 -040 1 $ 915.30 $ 915.30 4118 NICOLS ROAD 10- 16700 -02 -050 1 $ 915.30 $ 915.30 4124 NICOLS ROAD 10- 16700 -02 -060 1 $ 915.30 $ 915.30 4130 NICOLS ROAD 10- 16700 -02 -070 1 $ 915.30 $ 915.30 4134 NICOLS ROAD 10- 16700 -02 -090 1 $ 915.30 $ 915.30 4140 NICOLS ROAD 10- 16700 -02 -100 1 $ 915.30 $ 915.30 4146 NICOLS ROAD 10- 16700 -02 -110 1 $ 915.30 $ 915.30 4152 NICOLS ROAD 10- 16700 -02 -111 1 $ 915.30 $ 915.30 Subtotal 13 $ 11,898.90 Nicols Road PF Public Facility P.I.N. Front Feet Rate /F.F. Total Cedar Elementary School 10- 16700 -02 -120 592 $ 25.42 $ 15,048.64 M.M.A. 10- 16718 -01 -010 1695 $ 25.42 $ 43,086.90 Subtotal 2287 $ 58,135.54 Nicols Road Multi - Family Residential P.I.N. # of Units Rate /F.F. Assessment /Unit Megan's Addition (Townhomes) multiple 88 $ 10.17 $ 58.82 Subtotal 88 $ 5,176.53 Nicols Road Commercial/ Industrial/ Office P.I.N. Front Feet Rate /F.F. Total Street Assessment Concrete Entrance .Assessment Total Assessment 10- .16702 -08 -010 74 $ 46.61 $ 3,449.14 $ $ 3,449.14 10- 16702 -08 -020 75 $ 46.61 $ 3,495.75 $ $ 3,495.75 10- 16702 -08 -031 91 $ 46.61 $ 4,241.51 $ $ 4,241.51 4040 NICOLS ROAD 10- 16702 -08 -041 225 $ 46.61 $ 10,487.25 $ - $ 10,487.25 4101 NICOLS ROAD 10- 61050 -01 -010 1096 $ 46.61 $ 51,084.56 $ 3,625.30 $ 54,709.86 4195 NICOLS ROAD 10- 22400 -01 -010 150 $ 46.61 $ 6,991.50 $ - $ 6,991.50 4205 NICOLS ROAD 10- 03000 -25 -011 140 $ 46.61 $ 6,525.40 $ 13,879.72 $ 20,405.12 4206 NICOLS ROAD 10- 16701 -08 -191 150 $ 46.61 $ 6,991.50 $ 5,696.90 $ 12,688.40 4215 NICOLS ROAD 10- 03000 -25 -020 75 $ 46.61 $ 3,495.75 $ 5,593.32 $ 9,089.07 4225 NICOLS ROAD 40- 03000 -25 -030 100 $ 46.61 $ 4,661.00 $ 10,150.84 $ 14,811.84 Vacant Lot (Nicols Park LLC) 10- 03000 -27 -011 301 $ 46.61 $ 14,029.61 $ - $ 14,029.61 Subtotal 2477 $ 115,452.97 $ 38,946.08 $ 154,399.05 Total Assessments $ 190,663.94 $ 38,946.08 $ 229,610.02 Residential Frontage 1170 17.69% Commercial /Industrial Frontage 2477 37.45% Public Facility Frontage 2287 34.58% multi Family 509 7.70% Exempt Frontage 0.00% Non - Assessable Frontage 171 2.59% Total 6614 100% Nicols Road z.= Nicols Road City of Eap Street Revitalization a Project 1120 Fig. 1 Engineering Department Location Map O V.c) ®,. 10 1671801 010 + �y�e LEGEND z - da' �, r Street Improvement �J K 0 R ® um Assessable Area } Trail Overlay A To v ' r $L s5 s r r ;� 10;�16702�08 010 ��h c 08020 J si '9 X51:` •'� "� s z - €bs., 3 '�i 1 ?x MU 1016702�08031fi k+ �$ L3'v� 7 - �"i. f} ! 3 �' �� ., Le JET 41 # - Djv�..,. - '��• -+' ��� �� - �: }M 'i _ 1 . � _x jai s { � �,y �.} L }�F , --� ��� A• �- s _� - � I a� Sao a 7s +:..�....'s SW Carnelian L'n � �R Wool x, x - i .-.i i �+ c' 0 3,?'s73�`r¢�"` xf�O P 3 .•; �3 -' ® t _ # `b � LL� -,S� _ °e� ',1 4�-At t,F 'ley yjR 4 r 17 � 4a � i r:.,,�, �` � - �" •. � f 14072 � 1 { h r ..�,� �{ � 5 S, ` �t � -f s r�e: .f AJ } z tN -- - t st t s ''.� ■ -'� '£ g 4080 - M _ i - t`r `t � � sm Trail Overlay��� '� Sapphire Ln t �: ±M h1icols Road TIE� Street Revitalization ® Project '1120 Fig. 2A Street Improvement Area -- - ---` City (if Poll ,2140 f �Q� t 'F : S. 1� , _ _ 10167002120 �� 4195: � 24 A y ® ®sffley Road ®tee ®s�es� 'I l�,G 4205 4206 , Yee JAI "� 5 �Meghan's „Addit1on #�' IN IV r Fc 3 -, �� din - -�P� , f t' - -• `� S .`, t =. y �` s { � _ - e��/ P Zq WR WO I f r 1 v- ri ' IMeghan/ fi 4 I t # x s t -n H4' _ ;r ,�,'4- dr R4 -�F 5.•u� f_ri..y r '�€'r '`�_'`{ r�L�� 4 '__ - v � # 7 _ E 4jMarbleL:ane° Trail Overlay .� �F �tJ:y�r 1 W ; rst Zi 4 A LEGEND Street Improvement R 3 A ® ® ®� Assessable Area �` • Trail Overlay Nicols Road - — Street Revitalization - Project 1120 Fig. 2C -�. - -- Cter /� �(]npp Street Improvement Area C)u� - -- � lit of Illlllflll n-i— IMOM0040 � FULL -WIDTH MILL REPLACE EX. CURB & GUTTER AS DIRECTED #Cflyof Ea aIl p Engineering Department 100' 125' ROW 44'- 52' F.F. EX. TRAIL '— EX. B618 CURB & GUTTER 6�/2 BITUMINOUS SURFACE ( North of Diffley) 11 51/2 BITUMINOUS SURFACE ( South of Diffley) 11" CL. 5 AGGREGATE BASE ( North of Diffley) 8" CL. 5 AGGREGATE BASE ( South of Diffley) Existing Typical Section 100'- 125' ROW 44'- 52' F.F. 2 -3" TYPE 2360 BITUMINOUS 1 /2 BITUMINOUS OVERLAY RLAY EX. 8' TRAIL BITUMINOUS TACK COAT 61/2 BITUMINOUS SURFACE ( North of Diffley) 51/2 BITUMINOUS SURFACE ( South of Diffley) 11" CL, 5 AGGREGATE BASE ( North of Diffley) 8" CL. 5 AGGREGATE BASE ( South of Diffley) Bituminous Street Overlay Proposed Typical Section Nicols Road Street Revitalization - Project 1120 Typical Sections QLA 1 Fig. 3 2 Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING G. PROJECT 1119, EAGANDALE CENTER INDUSTRIAL PARK STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1119 (Eagandale Center Industrial Park - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 23 years, the City has rehabilitated approximately 193 miles of local streets. • The resurfacing of the streets in Eagandale Center Industrial Park in northeast Eagan has been programmed for 2013 in the City's 5 -Year Capital Improvement Program. • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On November 20, 2012, the feasibility report for Project 1119 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 10 for the adjacent property owners to discuss the proposed improvements. Of the 87 total properties proposed to be assessed under this improvement, 2 people representing 1 property attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages 4 through Dip` • Neighborhood Meeting Minutes, pages QtoV througha(09. OH�5' r Y l ,:r1ajj'S X-Rum M T •� .b€�� s mss:. S-0 t a { 3 S F F.. F tV City of Eagan Memo To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 20, 2012 Re: Eagandale Center Industrial Park Street Revitalization City Project No. 1119 Attached is our report for the Eagandale Center Industrial Park Street Revitalization, City Project No. 1119. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Aaron Nelson Date: Reg. No. 45795 Reviewed By: D partment of Public Works Date: Reviewed By: Finance DeparVjjment Date: l TABLE OF CONTENTS Page ExecutiveSummary ......................................................................... ..............................1 Introduction / History ........................................................................ ............................... 2 Scope............................................................................................... ............................... 3 AreaTo Be Included ....................................................................... ............................... 3 StreetPavement Evaluation ........................................................... ............................... 3 Proposed Improvements ................................................................. ..............................4 Easements / Permits ......................................................................... ............................... 6 Feasibility and Recommendations ................................................ ............................... 6 CostEstimate .................................................................................. ............................... 6 Assessments................................................................................... ............................... 7 Assessment Financing Options ..................................................... ............................... 7 RevenueSource .............................................................................. ............................... 8 ProjectSchedule ............................................................................. ............................... 8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Mill & Overlay 041? ;� Executive Summary Background Project PCI Rating 47 • Roadway resurfacing Name Eagandale Center Industrial Park Project # 1119 Street Area 59,139 sq. ft Street Length 12,979' Recommended Improvement Mike Collins Drive Constructed 1971 Aldrin Dr= 1993 Neil Armstrong Blvd. 9.5% 1992 Streets Gemini Road Overlayed No overlay on Aldrin Dr Included Apollo Road • Utility castings Residential Lots 0 LunarLane Crack Sealed - Seal Coated 1996, 2004 Aldrin Drive Aldrin Dr = 2004 North of Yankee Doodle Absolute Section 11, Township 27, Range 23 Relative Location Road, East of Lexington Location Ave, South of Lone Oak Road Project Details Cost Estimate/ Revenues PCI Rating 47 • Roadway resurfacing $592,400 - Repair Existing Concrete Curb & Gutter $129,100 - • Replacement of damaged curb & Concrete Entrance Apron Repairs $263,200 Edge Mill & 1- gutter Recommended Improvement overlay • Reconstruction of commercial Curb Removal 9.5% Scope driveways with concrete aprons • Adjustment /Replacement of: • Sanitary /Storm sewer • Utility castings Residential Lots 0 • Watergate valves Commercial /Industrial /Office 82 • Street signage City Owned Parcels 5 Cost Estimate/ Revenues Eagandale Center Industrial jPark 1 a�lr'�A Property City Mill & Overlay w/ Signage $592,400 $592,400 - Repair Existing Concrete Curb & Gutter $129,100 - $129,100 Concrete Entrance Apron Repairs $263,200 $263,200 - Total $984,700 $855,600 (87 %) $129,100 (13 %) Eagandale Center Industrial jPark 1 a�lr'�A November 20, 2012 Street Revitalization Eagandale Center Industrial Park Eagan, Minnesota <�;51ntroduction/ History Pavement Management - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximate 13,000 feet of streets in the Eagandale Center Industrial Park, a commercial/ industrial area in north- eastern Eagan, has been identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this area were originally constructed in 1971. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is in the 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that these streets, except Aldrin Drive, were constructed in 1971, overlayed in 1992, and seal coated in 1996 and 2004. Aldrin Drive was constructed in 1993 and seal coated in 2004. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Eagandale Center Industrial Park 2 D 5 Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the project area and determined the underground system are generally in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements such as street lights, utility boxes, and above ground storm water ponds /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items is included in this project, if needed. ;ate Scope This project will provide resurfacing (edge mill and overlay) for approximately 13,000 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Also included in this project are the following improvements; replacement of damaged curb and gutter, reconstruction of non- conforming commercial driveway entrances to current city standards, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage. 4�Area To Be Included Properties included in the project lie within Section 11, lying North of Yankee Doodle Road (CSAH 28), East of Lexington Avenue (CSAH 43), and South of Lone Oak Road (CSAH 26), in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. 1;;:�Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch/Repair and /or Overlay 0-35 Reconstruct/ Reclaim The 2012 PCI ranking for this street segment has a weighted average pavement condition rating of 47, which falls in the rankings of the "Patch /Repair and /or Overlay ". The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can Eagandale Center Industrial Park 3 ask rapidly decline if no improvements are performed. Therefore, the 2013 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require full reconstruction. «ate P p Lqd Improvements Pavement -- The streets in the Eagandale Center Industrial Park previously received an edge mill and overlay in 1992. The proposed street improvements for this area are similar to the previous improvements and are shown in Figure 3. The existing street section consists of 5" to 6 -1/2" bituminous pavement supported by10" gravel base. The existing bituminous surface will be milled adjacent to i the existing curb and gutter (6' -8' wide) to accommodate a 1%-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for commercial/ industrial streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete Curb & Gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately -Mani , 9.5% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with either sod or seed. While the contractor who performs the work is responsible for its establishment, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth, Utility Adjustment/Replacement Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted, repaired, or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Alternative Eagandale Center Industrial Park 4 adjustment materials and methods are investigated and implemented to reduce infiltration into the City sanitary and storm sewer systems. Driveway Replacement— Many of the properties along in the Eagandale Center Industrial Park were constructed with bituminous driveway entrances, or concrete aprons that are in disrepair, and are proposed to be replaced. The entrances will be reconstructed with 7" -thick concrete aprons in accordance with Eagan Standard Detail 440. These replacements will provide commercial entrances of adequate strength and width, and will be consistent with similar projects in commercial /industrial areas within the project area and throughout the City. Signage o Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Eagandale Center Industrial Park 5 Q 5 -Is 4 ray Easements / Permits All work will be in the public right -of -way. No additional easements are anticipated for the improvements. The only permit anticipated will be from Dakota County to work within the Lone Oak Road, Yankee Doodle Road, and Lexington Avenue right -of -way. Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. The mill and overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2013 — 2017) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2013 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Mill & Overlay w/ signage $592,400 Repair Existing Concrete Curb & Gutter $129,100 Repair Concrete Entrance Apron $263,200 Total $984,700 Eagandale Center Industrial Park` 6 Q 'sLI Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for commercial / industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Street _Improvements: Commercial /Industrial /Office Lots - There are a total of 87 lots (82 commercial / industrial lots, and 5 city owned parcels zoned Limited Industrial) in the project area. All commercial /industrial /office lots, as shown on Figure 2, including the city owned parcels, are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial /industrial /office streets, regardless of width. The estimated cost per net acre based on the City Assessment Policy is $1,993 /net acre and is calculated as follows: Total Net Acreage = 297.25 Acres Bituminous Overlay Costs = $592,400 Total Commercial /Industrial /Office Assessment -= $1,993 / Net Acre Driveway Entrance Replacement — The commercial /industrial /office properties with bituminous driveways, or concrete entrance aprons in need of repair, are proposed to be assessed for the total cost of repair. The estimated cost of driveway repair is approximately $263,200, or $109.901 SY and is calculated as follows: Total SY of Concrete Driveway Apron Repair = 2,395 SY Total Concrete Driveway Apron Cost = $263,200 Total Cost / SY = $109.90 / SY 1;�>Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over 10 years for commercial /industrial owners. In 2012, the interest rate was set at 3.5 %. The 2013 rate is not yet available, however, based on City policy it is expected to be determined by the Eagandale Center Industrial Park 7 5p5 5 Assessment Ratio Property City Mill & Overlay — Commercial/ Industrial /Office 100% 0 % Repair Existing Concrete Curb & Gutter 0% 100% Repair Existing Concrete Entrance Apron 100% 0% Street _Improvements: Commercial /Industrial /Office Lots - There are a total of 87 lots (82 commercial / industrial lots, and 5 city owned parcels zoned Limited Industrial) in the project area. All commercial /industrial /office lots, as shown on Figure 2, including the city owned parcels, are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial /industrial /office streets, regardless of width. The estimated cost per net acre based on the City Assessment Policy is $1,993 /net acre and is calculated as follows: Total Net Acreage = 297.25 Acres Bituminous Overlay Costs = $592,400 Total Commercial /Industrial /Office Assessment -= $1,993 / Net Acre Driveway Entrance Replacement — The commercial /industrial /office properties with bituminous driveways, or concrete entrance aprons in need of repair, are proposed to be assessed for the total cost of repair. The estimated cost of driveway repair is approximately $263,200, or $109.901 SY and is calculated as follows: Total SY of Concrete Driveway Apron Repair = 2,395 SY Total Concrete Driveway Apron Cost = $263,200 Total Cost / SY = $109.90 / SY 1;�>Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over 10 years for commercial /industrial owners. In 2012, the interest rate was set at 3.5 %. The 2013 rate is not yet available, however, based on City policy it is expected to be determined by the Eagandale Center Industrial Park 7 5p5 5 City Council in the spring. The following payment schedule is an example of a $10,000 assessment with an estimated 3.5% interest for the assessed amounts: Bonds may be issued to finance the improvements. �Revenue Source A summary of revenue sources is listed below: Principal ,_[ Interest YPer p Cost _ Mill and Overlay (including Si na e Per Year Year Per Year First Year I $1,000 $408 $1,408 Tenth Year $1,000 $ 35 $1,035 Totals $984,700 Bonds may be issued to finance the improvements. �Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $129,100 (13% of total). 1;�>-Pro4ect Schedule Present Feasibility Report to City Council /Order Public Hearing ........ November 20, 2012 Informational Meeting ......................................... ............................... December 10, 2012 PublicHearing .................................................... ............................... December 18, 2012 Approve Plans and Specifications ........................... ............................... January 18, 2013 BidDate ................................................................ ............................... February 28, 2013 AwardContract .................................. ............................... ..........................March 5, 2013 StartConstruction ........................................................... ............................... May 1, 2013 Project Completion ........................................................ ............................... August, 2013 Final Cost Report .................................................... ............................... September, 2013 Final Assessment Hearing .................................................. ............................... Fall, 2013 First Payment Due with Property Tax Statement ........... ............................... May 15, 2014 Eagandale Center Industrial Park 8 c)- co Project Cost Property Assessment City Contribution Mill and Overlay (including Si na e $592,400 $592,400 - Re air Existing Curb $129,100 - $129,100 Repair Existing Concrete Entrance $263,200 $263,200 - Totals $984,700 $855,600 $129,100 The City's Major Street Fund will finance the estimated project deficit of $129,100 (13% of total). 1;�>-Pro4ect Schedule Present Feasibility Report to City Council /Order Public Hearing ........ November 20, 2012 Informational Meeting ......................................... ............................... December 10, 2012 PublicHearing .................................................... ............................... December 18, 2012 Approve Plans and Specifications ........................... ............................... January 18, 2013 BidDate ................................................................ ............................... February 28, 2013 AwardContract .................................. ............................... ..........................March 5, 2013 StartConstruction ........................................................... ............................... May 1, 2013 Project Completion ........................................................ ............................... August, 2013 Final Cost Report .................................................... ............................... September, 2013 Final Assessment Hearing .................................................. ............................... Fall, 2013 First Payment Due with Property Tax Statement ........... ............................... May 15, 2014 Eagandale Center Industrial Park 8 c)- co Appendix A Preliminary Cost Estimate City Project 1119 - Eagandale Center Industrial Park Item No. Item U Price �Est Estimated Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $7,500.00 1 $ 7,500.00 2104.505 Remove Bituminous Pavement SY $7.50 250 $ 1,875.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 17010 $ 27,216.00 2232,501 Mill Bituminous Pavement Full Width (1 -1/4" to 3 -3/4" depth) SY $2.00 1140 $ 2,280.00 2357.502 Bituminous Material for Tack Coat GAL $2.75 3000 $ 8,250.00 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 5800 $ 336,400.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 100 $ 10,000.00 2504.602 Adjust Gate Valve Box EA $110.00 7 $ 770.00 2504.602 Repair Gate Valve Mid Section EA $300.00 2 $ 600.00 2504.602 Repair Gate Valve Top Section w /Cover EA $275.00 3 $ 825.00 2506.602 Adjust Manhole Casting - Riser Adjustment EA $210.00 26 $ 5,460.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 13 $ 5,525.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $750.00 5 $ 3,750.00 2506.602 Remove & Replace Topslab w/ Cstg. (16426) EA $1,525.00 1,875.00 $ _ 2582.501 Pavement Message Arrow (Left) - Epoxy EA $100.00 2 $ 200.00 2582.501 Pavement Message Arrow (Right) - Epoxy EA $100.00 $ _ 2582.501 Pavement Message Arrow (Thru) -Epoxy EA $100.00 $ _ 2582.501 Pavement Message Arrow (Right /Thru) - Epoxy EA $130.00 1 $ 130.00 2582.501 Pavement Message Arrow (left /Thru) - Epoxy EA $130.00 $ _ 2582,501 Pavement Message Arrow (Railroad Crossing) - Epoxy EA $130.00 5 $ 650.00 2582.502 24" Solid Line White - Epoxy LF $7.00 305 $ 2,135.00 2582.502 24" Solid Line Yellow - Epoxy LF $7.00 $ _ 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 12144 $ 6,072.00 2582.502 4" Solid Line White -Epoxy LF $0.25 380 $ 95.00 2582.502 12" Solid Line White - Epoxy LF $3.25 $ _ 2582.503 Zebra Crosswalk White - Epoxy SF $4.00 $ _ SP -1 Signage Remove & Replace LS $10,742.80 1 $ 10,742.80 2563.601 Li _1 Traffic Control LS $3,500.00 1 $ 3,500.00 U. U a' 5% Contingency Subtotal 30% Indirect Costs Part l - Bituminous Street Overlay $ $ $ $ $ 433,975.80 21,698.79 455,674.59 136,702.38 592,376.97 Part II - Repair Existing Curb & Gutter 2101.601 Remove Trail Overgrowth LS $3,300.00 $ _ 2104.501 Remove Concrete Curb and Gutter LF $6.50 2455 $ 15,957.50 2104.503 Remove Concrete Sidewalk (4 ") SF $2.00 $ _ 2104.503 Remove Concrete Sidewalk (6 ") SF $2.25 $ 2104.505 Remove Bituminous Pavement SY $7.50 $ 2104.503 Remove Bituminous Trail Pavement SF $1.15 $ 2104.505 Remove Concrete Driveway SY $18.00 $ - 2104.505 Remove Concrete Valley Gutter SY $15.00 110 $ 1,650.00 2104.523 Salvage Casting EA $110.00 $ _ 2211.501 6 "Aggregate Base, Cl. S 100% Crushed) ) TON $24.50 10 $ 245.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 33 $ 3,300.00 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) TON $70.00 $ - 2502.541 6" HDPE Perf. Drain Tile (S.P. #261) LF $17.00 $ _ 2503.602 Connect to Existing Drainage Structure EA $575.00 $ - 2504.602 Repair Sprinkler Head EA $70.00 25 $ 1,750.00 2504.602 Repair Sprinkler System EA $375.00 5 $ 1,875.00 Eagandale Center Industrial Park a59 2506.521 Install Casting EA $600.00 $ Item No. Item Remove Concrete Curb and Gutter Unit Unit Price Qty Estimated Cost 2105.501 Common Excavation 2211.501 6 "Aggregate Base, CI. 5 (100% Crushed) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2506.602 Adjust Frame & Ring Casting (CB) 2506.602 Adjust Frame & Ring Casting (CB) EA $230.00 18 $ 4,140.00 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 Concrete Curb and Gutter, B618 $ - 2506.602 Remove & Replace Casting (Catch Basin) EA $650.00 3 $ 1,950.00 2506.602 Remove & Replace CBMH Top Slab w /Cstg. EA $1,700.00 1 $ 1,700.00 2506.602 Remove & Replace Top Slab w /Cstg, R 3501 -TR EA $1,525.00 0 $ - 2506.602 Remove & Replace CBMH Structure w /Cstg (4' Dia.) EA $4,050.00 150.00 $ _ 2506.602 Remove & Replace CBMH Structure w /Cstg (6' Dia.) EA $7,055.00 $16.15 $ $ 2506.602 Remove & Replace CB Structure (2' x 3') EA $3,150.00 $ $ _ 2506.602 Remove & Replace CB Structure w /Cstg (2'x 3') EA $3,800.00 1 $ 3,800.00 2506.602 Construct CBMH over Existing Pipe W /Cstg. (4' Dia.) EA $5,550.00 0 $ _ 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $150.00 20 $ 3,000.00 2521.501 6" Concrete Walk - Bullnose SF $5.75 $ - 2521.501 4" Concrete Sidewalk SF $3.90 $ _ 2521.501 6" Concrete Sidewalk SF $4.50 $ _ 2521.501 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $4.90 $ _ 2531.501 Concrete Curb & Gutter D412 LF $14.70 $ _ 2531.501 Concrete Curb and Gutter, 8612 LF $16.65 $ _ 2531.501 Concrete Curb and Gutter, B618 LF $16.15 2455 $ 39,648.25 2531.501 Concrete Curb and Gutter, Surmountable LF $16.00 $ _ 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $56.25 $ _ 2531.507 7" Concrete Driveway Pavement - High Early SY $47.25 $ _ 2531.507 Concrete Valley Gutter - High Early SY $54.00 110 $ 5,940.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $145.00 $ _ 2531.618 Truncated Dome Detectable Warning Paver (Radius Plate) EA $170.00 $ _ 2540.602 Repair Underground Electric Fence EA $130.00 $ _ 2540.602 Repair Landscaping EA $350.00 10 $ 3,500,00 2565.602 NMC Loop Detector EA $1,000:00 $ _ 2573,530 Storm Drain Inlet Protection EA $120.00 19 $ 2,280.00 2575.609 Seeding (MnDOT 270 w /Type 1 Mulch Special) SY $8.00 280 $ 2,240.00 2575.505 Sodding, Type Lawn (Highland) SY $8.55 $ _ 2575.551 Compost, Grade 1 TON $40.00 40 $ 1,600.00 Subtotal $ 94,575.75 5% Contingency $ 4,728 79 Subtotal $ 99,304.54 30% Indirect Costs $ 29,791.36 Part II - Repair Existing Curb & Gutter $ 129,095.90 Part III - Concrete Entrance Replacement 2104.501 Remove Concrete Curb and Gutter 2104.505 Remove Concrete Driveway /Valley Gutter 2104.505 Remove Bituminous Pavement 2105.501 Common Excavation 2211.501 6 "Aggregate Base, CI. 5 (100% Crushed) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2506.602 Adjust Frame & Ring Casting (CB) 2506.602 Remove & Replace Casting (Catch Basin) 2506.602 Adjust Frame and Ring Casting (Manhole) 2506.602 Remove & Replace Frame & Ring Casting (27 ") 2506.602 Install 2 x 3 CB Erosion Barrier Shroud 2531.501 Concrete Curb and Gutter, B612 - 2531.501 Concrete Curb and Gutter, B618 2531.507 7" Concrete Driveway Pavement - High Early 2531.507 Repair 7" Concrete Driveway Pavement -High Early 2575.609 Seeding (MnDOT 240 w/Type 1 Mulch Special) 2575.505 Sodding, Type Lawn (Highland) LF $8.15 304 $ 2,477.60 SY $20.00 1926 $ 38,510.00 SY $13.00 457 $ 5,941.00 CY $24.00 210 $ 5,040.00 TON $24.50 189 $ 4,630.50 TON $100.00 20 $ 1,950.00 EA $230.00 1 $ 230.00 EA $650.00 0 $ _ EA $425.00 1 $ 425.00 EA $750.00 0 $ - FA $150.00 1 $ 150.00 LF $16.65 30 $ 499.50 LF $16.15 30 $ 484.50 SY $47.25 561 $ 26,507.25 SY $56.25 1834 $ 103,134.38 SY $8.00 93 $ 744.00 SY $8.55 0 $ - Eagandale Center Industrial Park 2575.551 Compost, Grade 1 Se ibton! TON $40.00 53 $ 2,120.00 $ 192,843.73 Item No. Item Unit Unit Price QtY Estimated Cost u!1 1 6c uy 9,642.19 Subtotal $ 202,485.91 30% Indirect Costs $ 60,745.77 Part III - Concrete Entrance Replacement $ 263,231.68 Part I - Bituminous Street Overlay $ 592,376.97 Part II - Repair Existing Curb & Gutter $ 129,095.90 Part III - Concrete Entrance Replacement $ 263,231.68 Project 1119 Total Cost $ 984,704.55 Eagandale Center Industrial Park cp'5q 1 Appendix B Preliminary Assessment Roll fU., o.,.t..,.. Haan c --- ..A i_ n Gemini Road Commercial /industrial /Office P,I.N. Gross Acreage Net Acreage $ / Net Acre Assessment Total Street Assessment Concrete Entrance Assessment Total Assessment 1027 GEMINI ROAD 10- 22502 -05-231 2.44 2.44 $1,992.86 $4,862.57 $1,099.32 $5,961.89 1034 GEMINI ROAD 10- 22502 -06 -100 3.18 3,18 $1,992.86 $6,337.29 $1,813,87 $8,151.16 1045 GEMINI ROAD 1056 GEMINI ROAD 1066 GEMINI ROAD 10- 10700 -01 -010 10- 22502 -06 -091 10- 22502 -06 -062 3.12 5,43 2.46 3.12 5.43 2.46 $1,992.86 $1,992.86 $1,992.86 $6,217.72 $10,821.22 $4,902.43 $6,156.18 $6,980.67 $6,101.21 $12,373.90 $17,801.89 $11,003.64 1090 GEMINI ROAD 10- 28975 -01 -010 3.10 3.10 $1,992.86 $6,177.86 $4,012.51 $10,190,37 3130 LEXINGTON AVENUE 10- 22502 -05 -370 Subtotal (7) 14.06 1 33.79 14.06 33.79 $1,992.86 $28,019.58 $67,338,66 $6,925.70 $33,089.47 $34,945.28 $100,428.13 Neil Armstrong Boulvard Commercial /Industrial /Office P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment Concrete Entrance Assessment Total Assessment 3079 NEILARMSTRONG BLVD 3109 NEIL ARMSTRONG BLVD 10-11475-01-010 10- 22502 -05 -211 1.47 3.68 1.47 3.68 $1,992.86 $1,992.86 $2,929.50 $7,333.72 $0.00 $7,365.43 $2,929.50 $14,699.15 3110 NEILARMSTRONG BLVD 10- 22520 -01 -030 4.35 4.35 $1,992.86 $8,668.93 $3,682.72 $12,351.65 3140 NEILARMSTRONG BLVD 3160 NEIL ARMSTRONG BLVD 1030 LONE OAK ROAD (1030 LONE OAK ROAD) 10- 22520 -01 -040 10- 22520 -01 -050 10- 22502 -05 -130 10- 22502 -05 -100 8.64 6,31 1.39 1,63 8.64 6.31 1.34 1.58 $1,992.86 $1,992.86 $1,992.86 $1,992.86 $17,218.29 $12,574.93 $2,670.43 $3,148.72 $14,401.07 $10,003.79 $10,223.66 $0.00 $31,619.36 $22,578.73 $12,894.09 $3,148.72 (1030 LONE OAK ROAD) 10-22502-05-110 1,63 1.58 $1,992.86 $3,148.72 $0.00 $3,148.72 (1030 LONE OAK ROAD) 10- 22502 -05 -120 1.63 1.58 $1,992.86 $3,148.72 $0.00 $3,148.72 1060 LONE OAK ROAD 10- 22502 -05 -090 1.63 1.58 $1,992.86 $3,148.72 $0.00 $3,148.72 (1060 LONE OAK ROAD) 10- 22502 -05 -060 1.64 1.58 $1,992.86 $3,148.72 $0.00 $3,148.72 (1060 LONE OAK ROAD) (1060 LONE OAK ROAD) 10- 22502 -05 -070 10- 22502 -05 -080 1.63 1.63 1,58 1.58 $1,992.86 $1,992.86 $3,148.72 $3,148.72 $0.00 $0.00 $3,148.72 $3,148.72 Vacant Lot (Ashcroft Properties LLC) 10- 11475 -01 -020 Subtotal (14) 7.60 44.86 7.60 44,45 $1,992.86 $15,145.72 $88,582.53 $0.00 $45,676.66 $15,145.72 4134,259.19 Apollo Road Commercial /Industrial /Office P,I,N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment Concrete Entrance Assessment Total Assessment 837 APOLLO ROAD 855 APOLLO ROAD 10- 22522 -01 -010 10- 22440 -01 -010 3.93 4.82 3.93 4.82 $1,992486 $1,992,86 $7,831.93 $9,605.57 $0.00 $26,053.84 $7,831.93 $35,659.41 860 APOLLO ROAD 10- 22503 -03 -273 5.59 3.10 $1,992.86 $6,177.86 $0.00 $6,177.86 899 APOLLO ROAD 10- 22502 -03 -381 1.36 $1,992.86 $2,710.29 $0.00 $2,710.29 900 APOLLO ROAD 909 APOLLO ROAD 10- 11800 -01 -010 10- 22502 -03 -363 28,42 0.90 F28.42 $1,992,86 $1,992.86 $56,637.02 $1,793.57 $31,110.70 $1,868.84 $87,747,72 $3,662.41 920 APOLLO ROAD 10- 11800 -01 -020 11.06 $1,992.86 $22,041.01 $0.00 $22,041.01 935 APOLLO ROAD 10- 22502 -03 -300 0.65 $1,992.86 $1,295,36 $5,826.39 $7,121.74 (935 APOLLO ROAD) 10- 22502 -03 -310 0.54 0.54 $1,992.86 $1,076.14 $0.00 $1,076.14 (935 APOLLO ROAD) 10- 22502 -03 -320 0.54 0.54 $1,992.86 $1,076.14 $0.00 $1,076.14 (935 APOLLO ROAD) 10- 22502 -03 -330 0.29 0.29 $1,992.86 $577.93 $0.00 $577.93 (935 APOLLO ROAD) 10- 22502 -03 -331 0.26 0,26 $1,992.86 $518.14 $0.00 $518.14 (935 APOLLO ROAD) 10- 22502 -03 -340 0.54 0.54 $1,992,86 $1,076.14 $0.00 $1,076.14 940 APOLLO ROAD 950 APOLLO ROAD 10- 11795 -01 -010 10- 11795 -01 -020 5.77 14,85 5,77 14.85 $1,992.86 $1,992.86 $11,498.79 $29,593.94 $12,971,95 $0.00 $24,470.74 $29,593.94 951 APOLLO ROAD 10- 22502 -03 -280 0.67 0.67 $1,992.86 $1,335.21 $6,595.91 $7,931.12 (951 APOLLO ROAD) 10- 22502 -03 -290 0,42 0.42 $1,992.86 $837.00 $0.00 $837.00 (951 APOLLO ROAD) 10- 22502 -00 -010 0.33 0.33 $1,992.86 $657.64 $0.00 $657.64 990 APOLLO ROAD 10- 22520 -01 -010 1.90 1.90 $1,992.86 $3,786.43 $4,287.34 $8,073.77 (990 APOLLO ROAD) (990 APOLLO ROAD) 1000 APOLLO ROAD (1000 APOLLO ROAD) 10- 22520 -01 -011 10- 22520 -01 -012 10- 22520 -01- 020 10- 22520 -01 -021 2.24 5.80 3.71 1.40 2.24 5.80 3.71 1.40 1 $1,992.86 $1,992.86 $1,992.86 $1,992.86 $4,464.00 $11,558.57 $7,393.50 $2,790.00 $0,00 $0.00 $7,750.19 $0.00 $4,464.00 $11,558.57 $15,143.69 $2,790.00 Eagandale Center Industrial Park IMP 980 LONE OAK ROAD 10- 22502 -03 -271 11.41 11.41 $1,992.86 $22,738.51 $13,741.47 $36,479.98 990 LONE OAK ROAD 10- 22502 -03 -141 11.41 11.18 $1,992.86 $22,280.15 $4,946.93 $27,227,08 Subtotal (25) 118.81 116,09 $231,350.86 $115,153.56 $346,504.41 Lunar Lane Commercial /Industrial /Office P. I. N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment Concrete Entrance Assessment Total Assessment 3010 LUNAR LANE 10- 15575 -01 -020 0.82 0.82 $1,992.86 $1,634.14 $0.00 $1,634.14 3025 LUNAR LANE 10- 22700 -01 -020 8.10 8.10 $1,992.86 $16,142.15 $0.00 $16,142.15 3070 LUNAR LANE 10- 22502 -02 -010 0.73 0.73 $1,992.86 $1,454.79 $659.59 $2,114.38 (3070 LUNAR LANE) 10- 22802 -02 -020 0.73 0.73 $1,992.86 $1,454.79 $0.00 $1,454.79 940 LONE OAK ROAD 10- 22700 -01 -010 10.32 10.32 $1,992.86 $20,566.29 $0.00 $20,566.29 900 LONE OAK ROAD 10- 01100 -02 -010 1.86 1.86 $1,992.86 $3,706.72 $4,727.07 $8,433.78 Vacant Lot (City of Eagan) 10- 15575 -01 -010 0.76 0.76 $1,992.86 $1,514.57 $0.00 Subtotal (7) 23.32 23.32 $46,473.44 $5,415.70 Mike Collins Drive qAssessment Commercial /Industrial /Office P.I.N. Gross Acreage Net Acreage Unit Assessment Total Street Assessment Concrete Entrance Assessment 3103 MIKE COLLINS DRIVE 10- 22502 -04 -030 1.31 1.24 $1,992.86 $2,471.14 $769.52 $3,240.67 (3103 MIKE C%LINS DRIVE) 10- 22502 -04 -040 0.62 0.62. $1,992.86 $1,235.57 $0.00 $1,235.57 (3103 MIKE COLLINS DRIVE) 10- 22502 -04 -050 0.62 0.62 $1,992.86 $1,235.57 $0.00 $1,235.57 (3103 MIKE COLLINS DRIVE) 10- 22502 -04 -060 0.95 0.95 $1,992.86 $1,893.21 $0.00 $1,893.21 3110 MIKE COLLINS DRIVE 10- 22522 -01 -020 2.74 2.74 $1,992.86 $5,460.43 $0.00 $5,460.43 3115 MIKE COLLINS DRIVE 10- 22503 -03 -.250 2.06 1.75 $1,992.86 $3,487.50 $219.86 $3,707.36 (3115 MIKE COLLINS DRIVE) 10- 22503 -03 -260 2.56 1.47 $1,992.86 $2,929.50 $0.00 $2,929.50 3150 MIKE COLLINS DRIVE 10- 22503 -02 -051 3.20 3.20 $1,992.86 $6,377.14 $0.00 $6,377.14 3191 MIKE COLLINS DRIVE 10- .22523 -01 -010 11.78 9.19 $1,992.86 $18,314.36 $0,00 $18,314.36 3205 MIKE COLLINS DRIVE 10- .32250 -01 -010 2.35 2.35 $1,992.86 $4,683.22 $0.00 $4,683.22 3240 MIKE COLLINS DRIVE 10- 22503 -02 -131 2.07 2.04 $1,992.86 $4,065.43 $6,266.11 $10,331.54 3275 MIKE COLLINS DRIVE 10- 22503 -04 -161 2.85 2.85 $1,992.86 $5,679.64 $5,001.90 $10,681.54 3306 MIKE COLLINS DRIVE 10- 22503 -02 -140 5.00 5.00 $1,992.86 $9,964.29 $10,663.38 $20,627.67 3321 MIKE COLLINS DRIVE 10- 22503 -04 -194 2.34 2.34 $1,992.86 $4,663.29 $329.80 $4,993.08 3329 MIKE COLLINS DRIVE 10- 22503 -04 -200 0.78 0.78 $1,992.86 $1,554.43 $769.52 $2,323.95 (3329 MIKE COLLINS DRIVE) 10- 22503 -04 -210 1.29 1.29 $1,992.86 $2,570.79 $0.00 $2,570.79 3330 MIKE COLLINS DRIVE 10- 22503 -02 -150 2.00 2.00 $1,992.86 $3,985.72 $7,365.43 $11,351.15 3350 MIKE COLLINS DRIVE 10- 22503 -02 -160 1.24 1.24 $1,992.86 $2,471.14 $8,025.02 $10,496.16 3355 MIKE COLLINS DRIVE 10- 22503 -04 -241 2.35 2.35 $1,992.86 $4,683.22 $9,124.34 $13,807.55 3370 MIKE COLLINS DRIVE 10- 22503 -02 -181 1.38 1.38 $1,992.86 $2,750.14 $2,528.43 $5,278.57 3375 MIKE COLLINS DRIVE 10- 22503 -04 -250 0.78 0.78 $1,992.86 $1,554.43 $5,826.39 $7,380.81 (3375 MIKE COLLINS DRIVE) 10- 22503 -04 -260 0.78 0.78 $1,992.86 $1,554.43 $0.00 $1,554.43 (3375 MIKE COLLINS DRIVE) 10- 22503 -04 -270 0.79 0.79 $1,992.86 $1,574.36 $0.00 $1,574.36 (3375 MIKE COLLINS DRIVE) 10- 22503 -04 -280 0.79 0.79 $1,992.86 $1,574.36 $0.00 $1,574.36 3380 MIKE COLLINS DRIVE 10- 22503 -02 -201 1.38 1.38 $1,992.86 $2,750.14 $659.59 $3,409.73 3388 MIKE COLLINS DRIVE 10- 22503 -02 -241 2.75 2.58 $1,992.86 $5,141.57 $659.59 $5,801.16 Vacant Lot (Peter D Lund) 10- 14700 -01 -010 7.58 3.78 $1,992.86 $7,533.00 $0.00 $7,533.00 Vacant Lot (MDSC Partners LLP) 10- 22523 -01 -020 3.52 1.07 $1,992.86 $2,132.36 $0.00 $2,132.36 Vacant Lot (City of Eagan) 10- 22503 - 02.070 1.71 1.37 $1,992.86 $2,730.22 $0.00 $2,730.22 Vacant Lot (City of Eagan) 10- 22503 -02 -080 0.63 0.52 $1,992.86 $1,036.29 $0.00 $1,036.29 Vacant Lot (City of Eagan) 10- 22503 -02 -090 0.69 0.60 $1,992.86 $1,195.71 $0.00 $1,195.71 Vacant Lot (City of Eagan) 10- 22503 -02 -100 0.69 0.64 $1,992.86 $1,275.43 $0.00 $1,275.43 829 ALDRIN DRIVE 10- 22503 -03 -162 2.33 2.33 $1,992.86 $4,643.36 $5,716.45 $10,359,81 905 YANKEE DOODLE ROAD 10- 22504 -01 -010 16.79 16.79 $1,992.86 $33,460.08 $0.00 $33,460.08 Subtotal (34) 90.70 79.60 $158,631.48 $63,925.34 $222,556.82 Grand Total 311.48 297.25 8592.376.97 0Fa_ ?an -7:z CQcr - - Eagandale Center Industrial Park ,)�a I Eagandale Center Street Devitalization - Project 1119 Fig. 1 City of Ea�all � g. Engineering Department L,Ocation Map o(O . Eagandale Center Industrial Park FIG. 2A Street Revitalizati ®n -p Project 1119 Pits of E fl Street Improvement Area Date: 10/20/201 � A Ph IAN, � ,j,,s; IJ 980 Lone-Oak-Rd. - LEGE1oID p _ >, J Street Improvement �' �7�. • 3 = 19035 ®® ® t Assessable Area 4, .. {� %.. t � .�a 3115 ��, eoo "i v _ (5 ' - e�. u .. �.� 850 ? 855 r ' .. t r ' 899 .307o is _ ;, c ,• R. §' 837 3103 Noaw 'AV 900 a � »���, } >� ME • , � �• ��� ��������z�� - 3110 �i � �' r 9 _- �� k 4 - i tom•. . {{ ,s' t `v Yi F *t' �.' 3150 - �`� e GJ... 3191 3275: r ■xwtr�x t'7at AM 3205 Cagandale Center Industrial Park FIG. 2C Street Revitalization d Project 1119 r5rttT q Street Improvement Area Y of wfi Date: 10/20/201; 43 ■■ � � }� , 829 829 MIR l = Idrin Dr. s 11 If a 3275 r 3 € t M1 z1 aj ��- `. t F , lr S , -$i'`e F'2` j d t.'•- € a. e "t Noi 3306` � �,� � � � � • t r. - /®fHh�ft,�„ ha 3s '�sa ifi t_3} 3 5 S 4tT . - -' Z 3330 TO a�z 3297,-., F r r a,c� .� - �,�•rs ,.. ».t ..+..�z . =:z� .�.. -�,s - .J' t.3 ' J S�� ;*o-� }� a 3 v 3355 £ 4 Sim E n 3370 905 3380€ 4 X3375 4 ry 3388 .r 7 3388 905 xq Yankee- Doodle_Rd. EAh= t LEGEND Ji Street Improvement L P. #f = Assessable Area Eagandale enter Industrial Park FIG. 2D AMMML Street Revitalization m Project 1119 NIN of PRORP Street Improvement Area Ow Date: 10/20/201,', EDGE MILL (6' -8' wide) T 60' ROW ::: -:'l.. �..�;. •.J•'�?r•��.�M1}•.. .. :'��: .M1~...�.�',y.."`:t .."ti.•. '1'�'�S`.. i7� :'Ti ^i0'S: .•��;. 5 - 6'/2' BITUMINOUS SURFACE L & GUTTER EX. CURB 10" CL. 5 AGGREGATE BASE Existing Typical Section 60' ROW 44' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 5 - 6�/Z' BITUMINOUS SURFACE 10" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section REPLACE EX. CURB & GUTTER AS DIRECTED 11/08/20121 tEagandale Center City of �a�a� Fig.3 Engineering Department Typical Sections e Project 1119 aQr-) EAGANDALE CENTER INDUSTRIAL PARK Street Revitalization City Project No. 1119 Informational Meeting — 3:00 P.M. Monday, December 10, 2012 Conference Rooms 1A & B Attendance Aaron Nelson, Assistant City Engineer, 2 people representing 1 commercial property (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the business representatives and presented project information, including details such as background, project scope, construction costs, schedule and assessments. The remainder of the meeting was an opportunity for the representative to ask questions or comment on the project. Questions/ Comments 1. Are all commercial driveways replaced with new concrete? The city standard is to have concrete driveway aprons at all commercial properties. Any driveways that are bituminous would be removed and replaced with concrete. Any concrete driveways that are in need of repair will be repaired as part of the project. All concrete driveway apron work is assessed at 100 %. 2. Will access to properties be maintained? Access to the commercial area will be maintained throughout the construction activity. No road closures are anticipated throughout the project. Access to driveways should be maintained throughout construction. If driveway aprons needs to be replaced, businesses with multiple driveways will have access to at least on entrance at all times. If there are not multiple driveways, half the apron will be poured at a time to keep a portion of it open for the businesses. If necessary, the contractor can provide a temporary access while the concrete cures. 3. How long do trucks need to stay off the new pavement? It is requested that vehicles stay off of the new pavement for 30 to 60 minutes after it is placed. On -site staff and the contractor can assist with any urgent need to drive on the new pavement sooner (i.e. access to or from driveway). Please use caution while driving near the construction activity. 4. When was the last time the street was seal coated? The streets were constructed in 1971, overlayed in 1992, and seal coated in 1996 and 2004. The meeting adjourned at 3:20 p.m. 1pl� INFORMATIONAL MEETING Eagandale Center Industrial Park Street Revitalization Assessment City of Eap Project No. 1119 Monday, December 10, 2012 3:00 p.m. — Conference Room 1AE NAME ff ADDRESS j 2. 3. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. r) PH��O(NE NO. ( \' j Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING H. _ PROJECT 1118, DODD FARM (CALVIN COURT) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1118, Dodd Farm (Calvin Court - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 23 years, the City has rehabilitated approximately 193 miles of local streets. • The resurfacing of Calvin Court within the Dodd Farm neighborhood in southeast Eagan has been programmed for 2013 in the City's 5 -Year Capital Improvement Program. • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On November 20, 2012, the feasibility report for Project 1118 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 10 for the adjacent property owners to discuss the proposed improvements. Of the 7 total properties (all single- family homes) proposed to be assessed under this improvement, 2 residents representing 2 properties attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages through-70. • Neighborhood Meeting Minutes, pages D96 through359 01-10 F 1 fi F�v { From: Aaron Nelson, Assistant City Engineer Date: November 20, 2012 Re: Dodd Farm Neighborhood Street Revitalization City Project No.: 1118 Attached is our report for the Dodd Farm Neighbohrood Street Revitalization, City Project No. 1118. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. l Aaron Nelson Date: tt_^ Reg. No. 45795 Reviewed By: Department of /F ublic Works Reviewed By Finance Depehment �r Date: 1:2- -14 - /;�z Date: BMW TABLE OF CONTENTS ExecutiveSummary ............................:........................................... ..............................1 Introduction / History ...................................................................... ..............................2 Scope............................................................................................. ..............................3 AreaTo Be Included ....................................................................... ..............................3 StreetPavement Evaluation ........................................................... ..............................3 ProposedImprovements ................................................................ ..............................4 Easements /Permits ........................................................................ ..............................6 Feasibility /Recommendations ........................................................ ..............................6 CostEstimate ................................................................................. ..............................6 Assessments.................................................................................. ..............................6 AssessmentFinancing Options ....................................................... ..............................7 RevenueSource ............................................................................. ..............................7 ProjectSchedule ............................................................................ ..............................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 2 3 Location Map Street Improvement /Assessment Area Map Typical Section — Mill & Overlay �� a ram Executive Summary Background Project Name Dodd Farm Project # 1118 Street Area 1123 sq. yds. Street Length 155 feet Streets Included Calvin Court Constructed 1988 Reconstructed - Crack Sealed - Seal Coated 1993 and 2006 Absolute Location NW % of Section 25 Township 27, Range 23 Relative Location South of Diff ley Road West of Dodd Road Project Details • Roadway resurfacing • Replacement of damaged curb & gutter • Adjustment /Replacement of; Scope - Sanitary /Storm sewer PCI Rating 34/100 Recommended Patch /Repair and Improvement Overlay Curb Removal 8% Residential Lots 1 7 - Utility castings - Water gate valves Commercial /Industrial Public Facility Lots - Street signage Cost Estimate/ Revenue Dodd Farm (Calvin Court) 1 j-1 LE Property City Mill & Overlay w/ Signage $17,800 Repair Existing Concrete Curb & Gutter $ 5,200 $8,900 - $8,900 $5,200 Total $23,000 $8,900 (39 %) $14,100 (61 %) Dodd Farm (Calvin Court) 1 j-1 LE November 20, 2012 Neighborhood Street Revitalization Dodd Farm Eagan, Minnesota ��IntroductionL History Pavement Management - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 155 feet of street in the Dodd Farm residential development in southeastern Eagan has been identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The street in this residential neighborhood was constructed in 1988. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is in the 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that this street was seal coated in 1993 and 2006. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the street under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous recycling and overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the project area and determined the underground system are generally in good working order and that no major repairs are necessary. Dodd Farm (Calvin Court) 2 0-15 To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements such as street lights, utility boxes, and above ground storm water ponds /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items is included in this project, if needed. 1;�>Scope This project will provide resurfacing (edge mill and overlay) for approximately 155 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage. a�Area To Be Included Properties included in the project lie within the NW %, Section 25, adjacent to Calvin Court, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. 4�Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct/ Reclaim The 2012 PCI rankings for the street segments have a weighted average pavement condition rating of 34 for Dodd Farm, which falls near the low end of the "Patch /Repair and /or Overlay" category, or the high end of reconstruct /reclaim category as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2013 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require full reconstruction. Dodd Farm (Calvin Court) 3 09('a 1;�>Proposed Improvements Pavement - The proposed street improvements for Dodd Farm are5 Y j shown in Figure 3. The existing street section for this roadway consists of 3" bituminous pavement i supported by 6" gravel base. The existing bituminous surface will be ►, ! milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1% -inch bituminous, E overlay. The overlay, combined with the existing street section, will f provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 8% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with either sod or seed. While the contractor who performs the work is responsible for its establishment, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Dodd Farm (Calvin Court) 4 ��� Im l Sidewalk /Path & Pedestrian Ramp — Revisions to a the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of r N� I sidewalks and paths with public streets that are improved, including street surface improvements. f I The most common method of providing this MIME detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. A bituminous trail currently exists along the western boulevard of Dodd Road, and intersects Calvin Court. As part of the Dodd Road improvements, also scheduled for 2013, a 1 -1/2" bituminous overlay will be constructed along the entire length of the trail between Diffley Road and Cliff Road. Along with the overlay, pedestrian ramps at public street intersections will be replaced with truncated dome pedestrian ramps if none currently exist. Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Dodd Farm (Calvin Court) 5 Q9�3 l Sidewalk /Path & Pedestrian Ramp — Revisions to a the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of r N� I sidewalks and paths with public streets that are improved, including street surface improvements. f I The most common method of providing this MIME detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. A bituminous trail currently exists along the western boulevard of Dodd Road, and intersects Calvin Court. As part of the Dodd Road improvements, also scheduled for 2013, a 1 -1/2" bituminous overlay will be constructed along the entire length of the trail between Diffley Road and Cliff Road. Along with the overlay, pedestrian ramps at public street intersections will be replaced with truncated dome pedestrian ramps if none currently exist. Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Dodd Farm (Calvin Court) 5 Q9�3 Storm Water Quality Improvements — As part of this project, the City will be evaluating the feasibility of adding storm water management improvements to Calvin Court. Storm water from Calvin Court drains directly into Schwanz Lake, contributing runoff pollution to one of Eagan's highest priority lakes. Were any such improvements proposed, their added cost would not be assessed to residents but would be paid by Fund 1126 — Storm Drainage System Renewal and Replacement. Any associated preliminary cost estimates and assessment rolls are not included with this report. a�Easement Permits All work will be in the public right -of -way. No additional easements are anticipated. It is anticipated that no permits will be required for the resurfacing project. Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2013 — 2017) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. a�Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2013 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: DODD. FARM • Mill & Overlay w/ Signage ...................... ............................... $17,800 • Repair Existing Concrete Curb & Gutter . ............................... $ 5,200 Total............................................ ............................... $23,000 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. Dodd Farm (Calvin Court) 6 ��� City Special Assessment Policy Assessment Ratio Property City Mill & Overlay - Low - Density Residential (R- 1,2,3) 50% 50% Repair Existing Concrete Curb & Gutter - 100% Residential Lots — All residential lots (7 total single - family residential lots) as shown on Figure 2, having driveway access on to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for local residential streets, based on a standard 32 -foot width. The estimated cost per single - family lot based on the City's Assessment Policy is $1,271/lot and is calculated as follows: 50% x $17,800 (Overlay and Signage Cost) $1,271 7 (Residential Lots) Assessment Financing Ontlons Residential Lot The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners. In 2012, the interest rate was set at 3.5 %. The 2013 rate is not yet available, however, based on City policy it is expected to be determined by the City Council in the spring. The following payment schedule is an example of the $1,271 assessment with an estimated 3.5% interest rate: Principal Per Year I Interest Per Year I Cost Per Year First Year 1 $254 1 $52 1 $306 Fifth Year $254 $263 Bonds may be issued to finance the improvements. 4,a,. Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $14,100 (61% of total). Dodd Farm (Calvin Court) 7 D TO City Contribution Property Assessment Project Cost Mill and Overlay (Including Signage) $8,900 $8,900 $17,800 Repair Existing Curb & Gutter $5,200 - $ 5,200 Totals $14,100 $8,900 $23,000 The City's Major Street Fund will finance the estimated project deficit of $14,100 (61% of total). Dodd Farm (Calvin Court) 7 D TO a vas Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing .............................................. ............................... November 20, 2012 Informational Meeting ..................... ............................... .......................December 10, 2012 PublicHearing ................................... ............................... ......................December 18, 2012 Approve Plans and Specifications ....... ............................... ........................January 18, 2013 BidDate ..................................................................... ............................... February 28, 2013 AwardContract ............................................................... ............................... March 5, 2013 StartConstruction .............................................................. ............................... May 1, 2013 ProjectCompletion ........................................................... ............................... August, 2013 Final Cost Report ................................... ............................... ......................September 2013 Final Assessment Hearin ............ .. , Hearing .... .......... ............................... .......................... Fall, 2013 First Payment Due with Property Tax Statement ............ ............................... May 15, 2014 Dodd Farm (Calvin Court) 8 Sgt Appendix A Preliminary Cost Estimate City Project 1118 - Dodd Farm (Calvin Court) Item No. Item I Unit Unit Price Qty Estimated Cost Part I - Bituminous Street Overlay 2101.601 Remove Trail Overgrowth 2104.501 Remove Concrete Curb and Gutter 2104.503 2021.501 Mobilization LS $2,500.00 1 $ 2,500.00 2104.505 Remove Bituminous Pavement SY $7.50 15 $ 112.50 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 380 $ 608.00 2232.501 Mill Bituminous Pavement Full Width (1 -1/4" to 3 -3/4" depth) SY $2.00 $ - 2357.502 Bituminous Material for Tack Coat GAL $2.75 60 $ 165.00 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 105 $ 6,090.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 2 $ 200.00 2504.602 Adjust Gate Valve Box EA $110.00 $ - 2504.602 Repair Gate Valve Mid Section EA $300.00 0 $ - 2504.602 Repair Gate Valve Top Section w /Cover EA $275.00 0 $ - 2506.602 Adjust Manhole Casting - Riser Adjustment EA $210.00 $ - 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 2 $ 850.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $750.00 $ - 2506.602 Remove & Replace Topslab w/ Cstg. (16428) EA $1,525.00 $ - 2582.501 Pavement Message Arrow (Left) - Epoxy EA $100.00 $ _ 2582.501 Pavement Message Arrow (Right) - Epoxy EA $100.00 $ _ 2582.501 Pavement Message Arrow (Thru) - Epoxy EA $100.00 $ - 2582.501 Pavement Message Arrow (Right/Thru) - Epoxy EA $130.00 $ _ 2582.501 Pavement Message Arrow (Left/Thru) - Epoxy EA $130.00 $ 2582.502 24" Solid Line White - Epoxy LF $7.00 $ 2582.502 24" Solid Line Yellow - Epoxy LF $7.00 $ 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 $ 2582.502 4" Solid Line White -Epoxy LF $0.25 $ 2582.502 12" Solid Line White - Epoxy LF $3.25 $ 2582.503 Zebra Crosswalk White - Epoxy SF $4.00 $ - SP -1 Signage Remove & Replace LS $1,000.00 1 $ 1,000.00 2563.601 Traffic Control LS $1,500.00 1 $ 1,500.00 Subtotal 5% Contingency Subtotal 30% Indirect Costs Part I - Bituminous Street Overlay Item No. I Item Part II - Repair Existing Curb & Gutter 2101.601 Remove Trail Overgrowth 2104.501 Remove Concrete Curb and Gutter 2104.503 Remove Concrete Sidewalk (4 ") 2104.503 Remove Concrete Sidewalk (6 ") 2104.505 Remove Bituminous Pavement 2104.503 Remove Bituminous Trail Pavement 2104.505 Remove Concrete Driveway 2104.505 Remove Concrete Valley Gutter Dodd Farm (Calvin Court) a' $ 13,025.50 $ 651.28 $ 13,676.78 $ 4,103.03 $ 17,779.81 Unit Unit Price Qty Estimated Cost LS $3,300.00 $ - LF $6.50 45 $ 292.50 SF $2.00 $ - SF $2.25 $ - SY $7.50 20 $ 150.00 SF $1.15 $ _ SY $18.00 $ - SY $15.00 9 $ 135.00 2104.523 Salvage Casting EA $110.00 $ _ 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $24.50 2 $ 49.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 2 $ 200.00 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) TON $70.00 $ _ 2502.541 6" HDPE Perf. Drain Tile (S.P, #261) LF $17.00 $ _ 2503.602 Connect to Existing Drainage Structure EA $575.00 $ _ 2504.602 Repair Residential Sprinkler Head EA $70.00 3 $ 210.00 2504.602 Repair Sprinkler System EA $375.00 1 $ 375.00 2506.521 Install Casting EA $600.00 $ _ 2506.602 Adjust Frame & Ring Casting (CB) EA $230.00 $ 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 $ 2506.602 Remove & Replace Casting (Catch Basin) EA $650.00 $ _ 2506.602 Remove & Replace CBMH Top Slab w /Cstg. EA $1,700.00 $ _ 2506.602 Remove & Replace Top Slab w /Cstg. R 3501 -TR EA $1,525.00 $ _ 2506.602 Remove & Replace CBMH Structure w /Cstg (4' Dia.) EA $4,050.00 $ _ 2506.602 Remove &Replace CBMH Structure w /Cstg (6' Dia.) EA $7,055.00 $ _ 2506.602 Remove & Replace CB Structure (2' x 3') EA $3,150.00 $ 2506.602 Remove & Replace CB Structure w /Cstg (2'x 3') EA $3,800.00 $ 2506.602 Construct CBMH over Existing Pipe W /Cstg. (4' Dia.) EA $5,550.00 $ _ 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $150.00 2 $ 300.00 2521.501 6" Concrete Walk - Bullnose SF $5.75 $ _ 2521.501 4" Concrete Sidewalk SF $3.90 $ _ 2521.501 6" Concrete Sidewalk SF $4.50 $ _ 2521.501 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $4.90 $ _ 2531.501 Concrete Curb & Gutter D412 LF $14.70 45 $ 661.50 2531.501 Concrete Curb and Gutter, 8612 LF $16.65 $ _ 2531.501 Concrete Curb and Gutter, 8618 LF $16.15 $ 2531.501 Concrete Curb and Gutter, Surmountable LF $16.00 $ 2531.507 Repair 7" Concrete Driveway Pavement- High Early SY $56.25 $ _ 2531.507 7" Concrete Driveway Pavement - High Early SY $47.25 $ _ 2531.507 Concrete Valley Gutter- High Early SY $54.00 9 $ 486.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $145.00 $ _ 2531.618 Truncated Dome Detectable Warning Paver (Radius Plate) EA $170.00 $ _ 2540.602 Repair Underground Electric Fence EA $130.00 2 $ 260.00 2540.602 Repair Residential Landscaping EA $350.00 1 $ 350.00 2565.602 NMC Loop Detector EA $1,000.00 2573.530 Storm Drain Inlet Protection EA $120.00 1 $ 120.00 2575.609 Seeding (MnDOT 270 w/Type 1 Mulch Special) SY $8.00 20 $ 160.00 2575.505 Sodding, Type Lawn (Highland) SY $8.55 $ _ 2575.551 Compost, Grade 1 TON $40.00 2 $ 80.00 Subtotal S -q.R ,)n nn 5% Contingency $ 191.45 Subtotal $ 4,020.45 30% Indirect Costs $ 1,206.14 Part II - Repair Existing Curb & Gutter $ 5,226.59 Part I - Bituminous Street Overlay $ 17,779.81 Part II - Repair Existing Curb & Gutter $ 5,226.59 Project 1118 Total Cost $ 23,006.39 Dodd Farm (Calvin Court) a Appendix B Preliminary Assessment Roll City Project 1118 - Dodd Farm (Calvin Court) Calvin Court R -1 Residential P.I.N. Equivalent Unit Assessment Total 699 CALVIN COURT 10- 20850 -01 -010 1 $ 1,271.43 $ 1,271.43 700 CALVIN COURT 10- 20850 -01 -070 1 $ 1,271.43 $ 1,271.43 703 CALVIN COURT 10- 20850 -01 -020 1 $ 1,271.43 $ 1,271.43 704 CALVIN COURT 10- 20850 -01 -060 1 $ 1,271.43 $ 1,271.43 707 CALVIN COURT 10- 20850 -01 -030 1 $ 1,271.43 $ 1,271.43 708 CALVIN COURT 10- 20850 -01 -050 1 $ 1,271.43 $ 1,271.43 711 CALVIN COURT 10- 20850 -01 -040 1 $ 1,271.43 $ 1,271.43 Subtotal 7 $ 8,900.01 Dodd Farm ( Calvin Court) as ,-I Dodd Farm ( Calvin Court) Street Revitalization - Project 1118 Fi City of �a�an i g. 1 Engineering Department Location Map NJ FIG. 2 Date: 10/02/2011 EDGE MILL (6' -8' wide) T 50' ROW 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 50' ROW 28' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE EX. CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Bituminous Street Overlay Proposed Typical Section 10/31/2012 Dodd Farm - ( Calvin Court ) ¢ City of EaRaR our Fig.3 Typical Sections - Project 1118 Engineering Department ��r- DODD FARM Street Revitalization City Project No. 1118 Informational Meeting — 6:30 P.M. Monday, December 10, 2012 Conference Rooms 1A & B Attendance Aaron Nelson, Assistant City Engineer, 2 residents from the Dodd Farm development representing two single family home (see attached sign -in sheet). This meeting was held in conjunction with the Patrick Addition and Dodd Road neighborhood meetings. Presentation of Project Details Nelson welcomed the residents and presented project information, including details such as construction, costs, schedule and assessments. Since only two residents were in attendance, the meeting was conducted as an informal conversation to address all of the resident's questions regarding the project. A short ETV video on the street improvement process was also shown. Questions/ Comments 1. Will the road be open during construction? Will access be maintained to driveways? Dodd Road will be open to traffic during construction. We do not anticipate any closures during the work, however, some phases of work will require short term lane closures and the contractor will likely use flagmen to help direct traffic. Access to the driveway should be maintained throughout construction. If curb needs to be replaced at your driveway, the contractor can provide a temporary access for use during a 72 hour concrete curb curing period. 2. How long will the construction last? Construction is anticipated to begin in late April or early May (weather dependent). The size and scope of the improvements will likely result in a 4 to 6 week construction timeframe. 3. How and when will the final assessment amounts be determined? A letter will be sent to you this fall after the construction similar to the letter you received informing you of tonight's meeting and the upcoming public hearing. This future letter will include the final cost or assessment for the street improvement. It will also invite you to another public hearing that specifically addresses the final cost to you as a property owner. At the close of this meeting and the City Council's corresponding approval of the final assessment costs, you will have 30 days in which to pay the full assessment cost, or any portion, without interest. Payment during this 30 -day period should be made at city hall. After the 30 -day period, any remaining portion of the assessment will be forwarded to Dakota County for collection as part of the property taxes. 3.5 to 5% interest is anticipated to be charged for a maximum of five years or until paid in full. 4. What happens with assessments if a home is sold? A pending assessment will be placed on each property after the Public Improvement Hearing is held. The assessment will not be certified until after the assessment hearing is held this fall. After certification, any remaining assessment needs to be paid in frill at the time of sale. The meeting adjourned at 7:05 p.m. NAME 1. INFORMATIONAL MEETING Dodd Farm Street Revitalization Assessment Project No. 1118 Monday, December 10, 2012 6:30 p.m. — Conference Room 1AE ADDRESS 3. G�f 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. PHONE NO. (�5 l- q 54 -0'-7 3 Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING I. PROJECT 1046, OLD SIBLEY HIGHWAY STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1046, Old Sibley Highway (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. PACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 23 years, the City has rehabilitated approximately 193 miles of local streets. • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Old Sibley Highway, located north of Diffley Road and west of Cedar Avenue Freeway (Highway 77), serving both commercial /industrial and residential streets in west - central Eagan. • A structural mill & overlay of this street is programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • On November 20, 2012, the feasibility report for Project 1046 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 10 for the adjacent property owners to discuss the proposed improvements. Of the 1 commercial industrial property proposed to be assessed under this improvement, no one attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages QR1 through a�� . `� l f� ,. From: Aaron Nelson, Assistant City Engineer Date: November 20, 2012 Re: Old Sibley Highway Street Revitalization City Project No.: 1046 Attached is our report for the Old Sibley Highway Street Revitalization, City Project No. 1046. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. �L','u Aaron Nelson Date: i 1 1,7 T „Y Reg. No. 45795 Reviewed By: cv, _4(yl r 1 De artment of Public Works Date: Reviewed By: Finance DepaAment Date: a1�a TABLE OF CONTENTS ExecutiveSummary ............................................................................. ..............................1 Introduction/ History ............................................................................ ..............................2 Scope.................................................................................................. ..............................3 AreaTo Be Included ............................................................................ ..............................3 StreetEvaluation ................................................................................. ..............................3 ProposedImprovements ..................................................................... ..............................4 Easements /Perm its ............................................................................. ..............................5 Feasibility /Recommendations ............................................................. ..............................5 CostEstimate ...................................................................................... ..............................6 Assessments....................................................................................... ..............................6 Assessment Financing Options ............................................................ ..............................7 RevenueSource .................................................................................. ..............................7 ProjectSchedule ................................................................................. ..............................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 2 3 Location Map Street Improvement /Assessment Area Map Typical Section — Edge Mill and 1 -1/2" Overlay Executive Summary Background Project Name Old Sibley Highway Project # 1046 Street Area 2601 sq. yds. Street Length 836 feet Streets Included Old Sibley Highway Constructed 1986 Reconstructed - Crack Sealed 1990 Seal Coated 1992 and 2006 Absolute Location SW % of Section 19 Township 27, Range 23 Relative Location North of Diffley Road West of Cedar Avenue Scope Project Details C Roadway resurfacing ® Replacement of damaged curb & gutter ® Adjustment /Replacement of; - Sanitary /Storm sewer - Utility castings - Water gate valves - Street signage ® Installation of concrete driveway apron PCI Rating Recommended Improvement Curb Removal Residential Lots Commercial /Industrial Public Facility Lots Cost Estimate/ Revenue 45/100 Patch /Repair and'I 1.5" Overlay 12% 0 1 Old Sibley Highway 1 JR4 Property City Mill & Overlay w/ Signage $37,400 $16,778 $20,622 Repair Existing Concrete Curb & Gutter $11,000 - $11, 000 Concrete Entrance Replacement $ 7,500 $ 7,500 - Total $55,900 $24,278 (43 %) $31,622 (57 %) Old Sibley Highway 1 JR4 November 20, 2012 Street Revitalization Old Sibley Highway Eagan, Minnesota <;�51ntroduction/History Pavement Management - As a part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. This information is used to develop a five - year Capital Improvement Program (CIP) for street rehabilitation. The nearly 836 ft. of local street, Old Sibley Highway, in west central Eagan is identified for the 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The local street in this area is serves both commercial /industrial and residential properties, and was constructed in 1986. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Recycling or overlaying the roadway located within the project area, which is presently at the 27 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that Old Sibley Highway was crack sealed in 1990, and seal coated in 1992 and 2006. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous edge mill and overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the project area and determined the underground system are generally in good working order and that no major repairs are necessary. Old Sibley Highway 2 D1� �5 To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements such as street lights, utility boxes, and above ground storm water ponds /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items is included in this project, if needed. 1;;�>Scope This project will provide resurfacing (edge mill and overlay) for approximately 836 ft of roadway of Old Sibley Highway. Figure 1, located in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, installation of concrete driveway aprons at commercial driveways, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, sewer services, and street signage. ;Area to be Included Properties included in the project lie within the SW % of Section 19, lying north of Diffley Road, and west of TH 77 (Cedar Avenue), in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. 1;;�>Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct /Reclaim The 2012 PCI ranking for the street segment of Old Sibley Highway has an average pavement condition rating of 45, which falls in the rankings of the "Patch /Repair and /or Overlay" category, as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2013 construction season is the optimal time to perform an edge mill- and - overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require full reconstruction. Old Sibley Highway 3 Ql � Proposed Improvements Pavement - The proposed street improvements for Old Sibley Highway are shown in Figure 3. The existing street section for this roadway consists of 4.5" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1%- inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show - some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete Curb & Gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 12% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with either sod or seed. While the contractor who performs the work is responsible for its establishment, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Driveway Replacement — One commercial property along Old Sibley Highway was constructed with two bituminous driveway entrances. The entrances are proposed to be reconstructed with 7 "- thick concrete entrance aprons in accordance with Eagan Standard Detail 44.0. This driveway entrance replacement provides commercial entrances of adequate strength and width and is consistent with similar past projects in commercial,/ industrial areas throughout the City and the other properties within the project area. Old Sibley Highway 4 C* Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD) and those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. basement hermits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. a�feasibility and Recommendations This edge mill and overlay improvement is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The project is cost effective in that the proposed improvements (edge mill and overlay) are considerably less expensive than complete reconstruction of the street. The project is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. Old Sibley Highway i 4rS I , X, Njw a. basement hermits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. a�feasibility and Recommendations This edge mill and overlay improvement is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The project is cost effective in that the proposed improvements (edge mill and overlay) are considerably less expensive than complete reconstruction of the street. The project is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. Old Sibley Highway This project is in accordance with the Five Year Capital Improvement Plan (2013 — 2017) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2013 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Old Sibley Highway Revitalization w/ Signage ........................ ............................... $37,400 Repair Existing Concrete Curb & Gutter /Sidewalk ................ $11,000 Concrete Entrance Replacement ............ ............................... 7,500 Total............................................ ............................... $55,900 1;�>Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. Within the construction limits of this project, one commercial property is adjacent to the north side of Old Sibley Highway and is proposed to be assessed for the improvements. The commercial property to the east of the project area will be included in the assessable area on a future street improvement project. A multi - family residential development has adjacent frontage to the south side of the road, however, its access is west of the project area so those property owners do not have direct access to this portion of the road from their homes. Those homes will be assessed when the street providing their access is improved in the future. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay — Commercial /Industrial 100% 0% Repair Existing Concrete Curb & Gutter 0% 100% Concrete Entrance Replacement 100% 0% Street Improvements — Commercial /Industrial Lots - All commercial and industrial lots (1 commercial property), as shown on Figure 2, having driveway access on to Old Sibley Highway within the project area are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial /industrial properties on local streets, regardless of width. The estimated cost per front foot to be assessed based on the City Assessment Policy is $22.37/ front foot and is calculated as follows: $37,400 (Mill & Overlay and Signage Cost) _ $22.37 1,672 ft (Total Front Footage) Front Foot Old Sibley Highway 6 Dom The commercial property included in the assessable area has 750 feet of total frontage, so the total estimated assessment is $22.37/FF x 750 FF = $16,778. Driveway Entrance Replacement — The one adjacent commercial /industrial property has two driveway entrances that are not built to current City standards for commercial driveway entrances and are proposed to be assessed the total cost of improvements. The total driveway improvement assessment is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances in accordance with current City standards. The estimated cost of driveway replacement is approximately $100 per square yard replaced, or a total cost of $7,500 for both driveways. 4; Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over 10 years for commercial /industrial owners. In 2012, the interest rate was set at 3.5 %. The 2013 rate is not yet available, however, based on City policy it is expected to be determined by the City Council in the spring. The following payment schedule is an example of the $24,278 assessment with an estimated 3.5% interest rate: Bonds may be issued to finance the improvements. 1;�>Revenue Source A summary of revenue sources is listed below: Principle per Year Interest per Year Cost per Year First Year $ 2,428 $ 991 $ 3,419 Tenth Year $ 2,428 $ 85 $ 2,513 Bonds may be issued to finance the improvements. 1;�>Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $31,622 (57% of total). Old Sibley Highway env Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $37,400 $16,778 $20,622 Repair Existing Curb /sidewalk $11,000 - $11,000 Concrete Entrances $ 7,500 $ 7,500 - Totals $55,900 $24,278 $31,622 The City's Major Street Fund will finance the estimated project deficit of $31,622 (57% of total). Old Sibley Highway env ara. Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing .............................................. ............................... November 20, 2012 Informational Meeting ...................... ............................... ......................December 10, 2012 PublicHearing .................................. ............................... .......................December 18, 2012 Approve Plans and Specifications ....... ............................... ........................January 18, 2013 BidDate ..................................................................... ............................... February 28, 2013 Award Contract ............................................................... ............................... March 5, 2013 StartConstruction .............................................................. ............................... May 1, 2013 ProjectCompletion ........................................................... ............................... August, 2013 FinalCost Report .................................... ............................... .....................September, 2013 Final Assessment Hearing ....................................................... ............................... Fall, 2013 First Payment Due with Property Tax Statement ............ ............................... May 15, 2014 Old Sibley Highway 8 Appendix A Preliminary Cost Estimate City Project 1046 - Old Sibley Highway Item No. Item Unit 2104.501 Unit Price Est Qty Estimated Cost Part I - Bituminous Street Overlay Remove Concrete Sidewalk (6 ") 2104.505 Remove Bituminous Pavement 2104.503 Remove Bituminous Trail Pavement 2104.505 2021.501 Mobilization LS $ 3,500.00 1 $ 3,500.00 2104.505 Remove Bituminous Pavement SY $ 7.50 15 $ 112.50 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $ 1.60 1120 $ 1,792.00 2232.501 Mill Bituminous Pavement Full Width (1 -1/4" to 3 -3/4" depth) SY $ 2.00 $ - 2357.502 Bituminous Material for Tack Coat GAL $ 2.75 140 $ 385.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 2 $ 200.00 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $ 58.00 300 $ 17,400.00 2504.602 Adjust Gate Valve Box EA $ 110.00 $ - 2504.602 Repair Gate Valve Mid Section EA $ 300.00 $ 2504.602 Repair Gate Valve Top Section w /Cover EA $ 275.00 $ - 2506.602 Adjust.Manhole Casting - Riser Adjustment EA $ 210.00 1 $ 210.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 425.00 2 $ 850.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $ 750.00 $ - 2506.602 Remove & Replace Topslab w/ Cstg. (1642B) EA $ 1,525.00 $ 2582.501 Pavement Message Arrow (Left) - Epoxy EA $ 100.00 $ 2582.501 Pavement Message Arrow (Right) - Epoxy EA $ 100.00 $ - 2582.501 Pavement Message Arrow (Thru) - Epoxy EA $ 100.00 $ - 2582.501 Pavement Message Arrow (Right /Thru) - Epoxy EA $ 130.00 $ - 2582.501 Pavement Message Arrow (Left /Thru) - Epoxy EA $ 130.00 $ 2582.502 24" Solid Line White - Epoxy LF $ 7.00 $ 2582.502 24" Solid Line Yellow - Epoxy LF $ 7.00 $ - 2582.502 4" Double Solid Line Yellow- Epoxy LF $ 0.50 $ 2582.502 4" Solid Line White -Epoxy LF $ 0.25 $ 2582.502 12" Solid Line White - Epoxy LF $ 3.25 $ 2582.503 Zebra Crosswalk White - Epoxy SF $ 4.00 $ - SP -1 Signage Remove & Replace LS $ 950.00 1 $ 950.00 2563.601 Traffic Control LS $ 2,000.00 1 $ 2,000.00 su btota i 5% Contingency Subtotal 30% Indirect Costs Part I - Bituminous Street Overlay $ 27,399.50 $ 1,369.98 $ 28,769.48 $ 8,630.84 $ 37,400.32 Item No. Item Unit Unit Price I Est Estimated Cost Y Part II - Repair Existing Curb & Gutter 2101.601 Remove Trail Overgrowth 2104.501 Remove Concrete Curb and Gutter 2104.503 Remove Concrete Sidewalk (4 ") 2104.503 Remove Concrete Sidewalk (6 ") 2104.505 Remove Bituminous Pavement 2104.503 Remove Bituminous Trail Pavement 2104.505 Remove Concrete Driveway 2104.505 Remove Concrete Valley Gutter 2104.523 Salvage Casting 2211.501 6 "Aggregate Base, Cl, 5 (100% Crushed) Old Sibley Highway 9 Jo D, LS $ 3,300.00 $ - LF $ 6.50 205 $ 1,332.50 SF $ 2.00 $ - SF $ 2.25 $ SY $ 7.50 $ SF $ 1.15 $ SY $ 18.00 $ SY $ 15.00 $ - EA $ 110.00 $ - TON $ 24.50 10 $ 245.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 100.00 1 $ 100.00 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) TON $ 70.00 2506.602 $ 67 2502.541 6" HDPE Perf. Drain Tile (S.P. #261) LF $ 17.00 5.83 $ 139.92 2503.602 Connect to Existing Drainage Structure EA $ 575.00 147.00 $ $ 2504.602 Repair Residential Sprinkler Head EA $ 70.00 5 $ 350.00 2504.602 Repair Sprinkler System EA $ 375.00 1 $ 375.00 2506.521 Install Casting EA $ 600.00 $ - 2506.602 Adjust Frame & Ring Casting (CB) EA $ 230.00 $ 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $ 400.00 $ 2506.602 Remove & Replace Casting (Catch Basin) EA $ 650.00 $ 2506.602 Remove & Replace CBMH Top Slab w /Cstg. EA $ 1,700.00 $ 2506.602 Remove & Replace Top Slab w /Cstg. R 3501 -TR EA $ 1,525.00 $ 2506.602 Remove & Replace CBMH Structure w /Cstg (4' Dias) EA $ 4,050.00 $ 2506.602 Remove & Replace CBMH Structure w /Cstg (6' Dia.) EA $ 7,055.00 $ 2506.602 Remove & Replace CB Structure (2'x 3') EA $ 3,150.00 $ 2506.602 Remove & Replace CB Structure w /Cstg (2'x 3') EA $ 3,800.00 $ 2506.602 Construct CBMH over Existing Pipe W /Cstg. (4' Dia.) EA $ 5,550.00 $ 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 150.00 $ 2521.501 6" Concrete Walk- Bullnose SF $ 5.75 $ 2521.501 4" Concrete Sidewalk SF $ 3.90 $ 2521.501 6" Concrete Sidewalk SF $ 4.50 $ 2521.501 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $ 4.90 $ 2531.501 Concrete Curb & Gutter D412 LF $ 14.70 $ 2531.501 Concrete Curb and Gutter, 8612 LF $ 16.65 $ - 2531.501 Concrete Curb and Gutter, 8618 LF $ 16.15 205 $ 3,310.75 2531.501 Concrete Curb and Gutter, Surmountable LF $ 16.00 $ - 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $ 56.25 $ 2531.507 7" Concrete Driveway Pavement - High Early SY $ 47.25 $ 2531.507 Concrete Valley Gutter- High Early SY $ 54.00 $ 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $ 145.00 $ 2531.618 Truncated Dome Detectable Warning Paver (Radius Plate) EA $ 170.00 $ 2540.602 Repair Underground Electric Fence EA $ 130.00 $ - 2540.602 Repair Residential Landscaping EA $ 350.00 5 $ 1,750.00 2565.602 NMC Loop Detector EA $ 1,000.00 $ - 2573.530 Storm Drain Inlet Protection EA $ 120.00 $ - 2575.609 Seeding (MnDOT 270 w /Type 1 Mulch Special) SY $ 8.00 25 $ 200.00 2575.551 Compost, Grade 1 TON $ 40.00 9 $ 360.00 Subtotal $ 8,023.25 5% Contingency $ 401.16 Subtotal $ 8,424.41 30% Indirect Costs $ 2,527.32 Part II - Repair Existing Curb & Gutter $ 10,951.74 Item No. Item Unit I Unit Price Qty Estimated Cost Part III - Concrete Entrance Replacement 2104.501 Remove Concrete Curb and Gutter 2104.505 Remove Concrete Driveway /Valley Gutter 2104.505 Remove Bituminous Pavement 2105.501 Common Excavation 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2506.602 Adjust Frame & Ring Casting (CB) Old Sibley Highway 10 ��'� LF $ 6.50 94 $ 611.00 SY $ 20.00 $ - SY $ 7.50 67 $ 502.50 CY $ 24.00 5.83 $ 139.92 TON $ 24.50 6 $ 147.00 TON $ 100.00 0.49 $ 49.00 EA $ 230.00 $ - 2506.602 Remove & Replace Casting (Catch Basin) EA $ 650.00 5,733.18 $ - 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 425.00 $ $ Part II - Repair Existing Curb & Gutter 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $ 750.00 Project 1046 Total Cost $ _ 2531.501 Concrete Curb and Gutter, B612 LF $ 16.65 $ 2531.501 Concrete Curb and Gutter, 8618 LF $ 16.15 20 $ 323.00 2531.507 7" Concrete Driveway Pavement - High Early SY $ 47.25 75 $ 3,543.75 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $ 56.25 $ - 2575.609 Seeding (MnDOT 240 w /Type 1 Mulch Special) SY $ 8.00 8 $ 64.00 2575.551 Compost, Grade 1 TON $ 40.00 2 $ 80.00 Subtotal $ 5,460.17 5% Contingency $ 273.01 Subtotal $ 5,733.18 30% Indirect Costs $ 1,719.95 Part III - Concrete Entrance Replacement $ 7,453.13 Part I - Bituminous Street Overlay $ 37,400.32 Part II - Repair Existing Curb & Gutter $ 10,951.74 Part III - Concrete Entrance Replacement $ 7,453.13 Project 1046 Total Cost $ 55,805.19 Old Sibley Highway 11 Appendix B Preliminary Assessment Roll City Project 1046 - Old Sibley Highway Old Sibley Highway Commercial/ Industrial/ Office P,I.N. Front Foot Rate/ F.F. Street Assessment Concrete Entrance Assessment Total Assessment 4155 OLD SIBLEY HIGHWAY 10- 31000 -01 -010 750 $ 22,37 $ 16,778 $ 7,500 $ 24,278 Subtotal 750 $ 16,778 $ 7,500 $ 24,278 Old Sibley Highway 12 �� J Old Sibley Highway qCity ffEap Street Revitalization Project Fig. 1 Engineering Department Location Map - Project 104.6 _N L 6 L QZ 0�7�m ml C M 1_. r 1 1. . >. 1 1 --- j CO QZ 0�7�m ml EDGE MILL (6' -8' wide) T 49P City of Eagan Engineering Department [�i C • A I 4'/2 BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 66' ROW 32' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 4'/, BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay EX. CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Proposed Typical Section Old Sibley Highway Typical Sections - Project 1046 Fig.3 2 Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING J. PROJECT 1100, DODD ROAD (CLIFF ROAD TO DIFFLEY ROAD) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1100 (Dodd Road, Cliff Road to Diffley Road - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 23 years, the City has rehabilitated approximately 193 miles of local streets. • The resurfacing of Dodd Road, Cliff Road to Diffley Road, in southeast Eagan has been programmed for 2013 in the City's 5 -Year Capital Improvement Program. • On June 5, 2012 the City Council directed staff to prepare a feasibility report considering the rehabilitation of Dodd Road, from Cliff Road to Diffley Road, a collector roadway in southeastern Eagan. • On November 20, 2012, the feasibility report for Project 1100 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 10 for the adjacent property owners to discuss the proposed improvements. Of the 17 total properties (1 single - family residential, 1 unplatted residential, 3 agricultural, 3 public facilities, and 1 park parcel) proposed to be assessed under this improvement, 1 resident representing 1 single - family property attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages Z)10 through • Neighborhood Meeting Minutes, pages'3 through 3 � . us el FS -PI5 'r City of Evan tm- To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 20, 2012 Re: Dodd Road Street Revitalization City Project No.: 1100 Attached is our report for the Dodd Road Street Revitalization, City Project No. 1100. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at you convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Aaron Nelson Date: Reg. No. 45795 Reviewed By: D4 artment of,,Public Works Date Reviewed By Finance Depa ent s Date: �� l l ;Z /'r!- I ;- TABLE OF CONTENTS ExecutiveSummary ........................................................................ ..............................1 Introduction /History ...................................................................... ..............................2 Scope............................................................................................. ..............................3 AreaTo Be Included ....................................................................... ..............................3 StreetPavement Evaluation ........................................................... ..............................3 ProposedImprovements ................................................................ ..............................4 Easements /Permits ........................................................................ ..............................6 Feasibility /Recommendations ........................................................ ..............................6 CostEstimate ................................................................................. ..............................6 Assessments.................................................................................. ..............................6 AssessmentFinancing Options ....................................................... ..............................9 RevenueSource ............................................................................. ..............................9 ProjectSchedule ............................................................................ .............................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map 2 Street Improvement /Assessment Area Map 3 Typical Section — Mill & Overlay Executive Summary Background Project Name Dodd Road Project # 1100 Street Area 20,442 sq. yds. Street Length 5,512 feet Streets Included Dodd Road Constructed 1980 Reconstructed 1994 Overlayed - Crack Sealed - Seal Coated 1998 and 2007 Absolute Location W % of Section 25, Township 27, Range 23 Relative Location South of Diffley Rd., North of Cliff Rd. Project Details Cost Estimate/ Revenue PCI Rating 47/100 • Roadway resurfacing $39,861 $301,139 Repair Existing Concrete Curb & Gutter $ 38,600 - • Replacement of damaged curb & Recommended Full width mill, gutter Improvement Patch /Repair, and • Adjustment /Replacement of; 2 " -3" Overlay Scope o Sanitary /Storm sewer Curb Removal 4% • Utility castings Low Density Res. Parcels 7 • Water gate valves Unplatted Residentail 1 • Street signage Agricultural 3 • Trail overlay Public Facility Lots 3 Parks Parcels 1 Cost Estimate/ Revenue Dodd Road 1 �`� Property City Mill & Overlay w/ Signage $341,000 $39,861 $301,139 Repair Existing Concrete Curb & Gutter $ 38,600 - $ 38,600 Trail Overlay $108,200 - $108,200 Total $487,800 $39,861 (8%) $447,939 (92 %) Dodd Road 1 �`� November 20, 2012 Street Revitalization Dodd Road Eagan, Minnesota 1;�> Introduction History Pavement Management - As a part of Eagan's Pavement Management Program, (PIVIP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance ' strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 5,500 feet of collector roadway, Dodd Road, in south - eastern Eagan has been identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. This street was originally constructed in 1980, and reconstructed in 1994. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is currently in the 19 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that this street was seal coated in 1998 and 2007. The existing trail on the west side of Dodd Road received a 1 -1/2" overlay in 2011. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous recycling and overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the project area and determined the underground system are generally in good working order and that no major repairs are necessary. Dodd Road 2` i To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements such as street lights, utility boxes, and above ground storm water ponds /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items is included in this project, if needed. �Scope This project will provide resurfacing (full width mill and overlay) for approximately 5,500 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage, and overlaying the existing trail along the west boulevard along the entire length of the project area plus the segment between Hackmore Dr. and Atlantic Hills Dr., on the east side. 1;�>Area To Be Included Properties included in the project lie within the W % of Section 25, lying south of Diffley Road and north of Cliff Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. 4�Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct/ Reclaim The 2012 PCI rankings for the street segments have a weighted average pavement condition rating of 47 for Dodd Road, which falls in the "Patch /Repair and /or Overlay ", as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2013 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require full reconstruction. Dodd Road _ 3 3VE 1;�>PLOJ!gsed 1!MMrovements Pavement ,. The proposed street improvements for Dodd Road are shown in Figure 3. The existing street is 36 feet wide (face -to- face). The section for this roadway consists of 5.5" ^}} bituminous pavement supported by 8" ►�3`'',` gravel base. The existing bituminous } _ surface will be milled to a depth of approximately 2 inches over the entire width of the road to accommodate a 2- to 3 -inch bituminous overlay (2 near curb and 3" near centerline). The overlay, combined with the existing; t street section, will provide a street section consistent with current City standards for collector roadways. The overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 4% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with either sod or seed. While the contractor who performs the work is responsible for its establishment, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Dodd Road 4��D Sidewalk /Path & Pedestrian Ramps — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of r. two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps along the existing trail wherever they currently do not exist. In addition, the trail along the east boulevard of Dodd Road between Hackmore Drive and Atlantic Hills Drive, and the west boulevard between Diffley Road and Cliff Road, will receive a 1 -1/2" bituminous overlay. Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Dodd Road 5 3krl ty f. t'. Sidewalk /Path & Pedestrian Ramps — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of r. two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps along the existing trail wherever they currently do not exist. In addition, the trail along the east boulevard of Dodd Road between Hackmore Drive and Atlantic Hills Drive, and the west boulevard between Diffley Road and Cliff Road, will receive a 1 -1/2" bituminous overlay. Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Dodd Road 5 3krl 4�Easement Permits All work will be in the public right -of -way. No additional easements are anticipated for the improvements. The only permit anticipated will be from Dakota County to work within -the Diffley Road and Cliff Road right -of -way. a�Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2013 — 2017) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. 1;�>Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2013 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Dodd Road • Mill & Overlay w/ Signage ...................... ............................... $341,000 • Trail Overlay ............................................ ............................... $ 38,600 • Repair Existing Concrete Curb & Gutter .......................... $1.08,200 Total............................................ ............................... $487,800 4�Assessments Assessments are proposed to be levied against the benefited properties (7 platted single family homes with direct access, 1 unplatted residential parcel, 3 Agricultural zoned parcels with single family homes and direct access, 3 Public Facilities, and 1 city owned park) for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for mill and overlay improvement on collector roadways. A 5% credit is proposed because the pavement condition has deteriorated 1 year prior to an anticipated 20 -year pavement life cycle (1/20 =5 %). This reduced assessment rate is in accordance with the February 16, 2010 update of the City's Special Assessment Policy for addressing premature infrastructure failure. Dodd Road 6 �a A pavement thickness factor adjustment is also proposed for residential properties to adjust the assessment to make it consistent with those on residential streets of similar age and condition. In this case, the 2" to 3" (2 -1/2" average) overlay is being used instead of a 1 -1/2" overlay that would typically be used on similar residential streets. The adjustment factor anticipated is 1.5 "/2.5 ", but the actual will be determined by the final design. Estimated assessments will be determined using the table below, and calculations for each land use are shown separately. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay— Low Density Res. & Agricultural* 50% 50% Mill & Overlay- Public Facilities* 75% 25% Repair Existing Concrete Curb & Gutter - 100% Trail Improvements - 100% *based on a comparable Zoning Equivalent Ratio of total width Platted Residential — 7 platted residential lots, as shown on Figure 2, have direct access to Dodd Road and are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for collector roadways, based on a comparable 32 -foot wide (face -to -face) street. Since Dodd Road is 36' wide, the assessment for residential and agricultural parcels will be reduced by multiplying the assessment rate by a factor of 32'/36'. The estimated assessments, based on the City's Assessment Policy for a standard mill & overlay improvement, with a 5% credit and a 1.5 "/2.5" pavement thickness adjustment factor, is $866 per single family residential lot, and is calculated as follows: ® $341,000 (Mill and Overlay Costs) / 11,024' (Total Frontage) _ $30.93/ Front Foot ® $30.93 / Front Foot x 50% (Assessment Rate) x 32'/36' x 1.5 "/2.5" x 95% _ $8.25 / Residential Front Foot ® $8.25 / Residential Front Foot x 735' Single Family Front Foot / 7 lot = $866 /Single Family Lot Unplatted Residential and Agricultural Parcels — All adjacent unplatted residential and agricultural zoned parcels, as shown on Figure 2, are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for collector roadways, based on a comparable 32 -foot wide (face -to -face) street. Since Dodd Road is 36' wide, the assessment for residential and agricultural parcels will be reduced by multiplying the assessment rate by a factor of 32'/36. The estimated assessments, based on the City's Assessment Policy for a standard mill & overlay improvement, with a 5% credit and a 1.5 "/2.5" pavement thickness adjustment factor, is $8.25 per foot for unplatted residential and agricultural parcels, and is calculated as follows: © $341,000 (Mill and Overlay Costs) / 11,024' (Total Frontage) _ $30.93/ Front Foot ® $30.93 / Front Foot x 50% (Assessment Rate) x 32/36' x 1.5 "/2.5" x 95% _ $8.25 / Residential Front Foot Dodd Road 7 3kc1 Two of the agricultural parcels have significant easements that would limit the amount of land available for development. The northern parcel at 4280 Dodd Road has a drainage and utility easement over an existing pond. Assuming a 110' minimum lot depth, 450' of this parcel is undevelopable and will be deducted from their total frontage. That parcel's total net developable frontage to Dodd Road is 758' - 450' = 308'. The other agricultural parcel is located at 4420 Dodd Road. NSP has a 200' wide easement over their facilities which cross that property. Since no development would be allowed within that easement, its total width will be deducted from the parcel's total frontage. That parcel's total net developable frontage to Dodd Road is 421' — 200' = 221'. The estimated assessments for the unplatted residential and agricultural parcels are calculated as follows: ® Unplatted Residential o 4395 Dodd Road: 190 Front Feet x $8.25 / Residential F.F. _ $1,568 • Agricultural o 4280 Dodd Road: 308 Front Feet x $8.25 / Residential F.F. _ $2,541 o 4370 Dodd Road: 438 Front Feet x $8.25 / Residential F.F. _ $3,614 o 4420 Dodd Road: 221 Front Feet x $8.25 / Residential F.F. _ $1,823 Public Facility Lots — All Public Facility lots (Church — 359' frontage, Pinewood Elementary School — 481' frontage, and Firestation — 238'), as shown on Figure 2, within the project area are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable, based on a comparable standard 32 -foot wide street. Since Dodd Road is 36' wide, the assessment for public facility lots will be reduced by multiplying the assessment rate by a factor of 32'/36'. The estimated assessments, based on the City's Assessment Policy for a standard mill & overlay improvement, with a 5% credit, is $19.59 per front foot for public facility lots, and is calculated as follows: ® $341,000 (Mill and Overlay Costs) / 11,024' (Total Frontage) _ $30.93 / Front Foot ® $30.93 / Front Foot x 75% (Assessment Rate) x 32'/36' x 95% _ $19.59 / Public Facility Front Foot ® Church assessment: 359 Front Feet x $19.59 / Public Facility F.F. _ $7,032 ® School Assessment: 481 Front Feet x $19.59 / Public Facility F.F. _ $9,423 ® Eagan Firestation #4: 238 Front Feet x $19.59 / City Parcels F.F. _ $4,662 Parks Parcels — All city owned parks (Trapp Farm Park -160' frontage), as shown on Figure 2, within the project area are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable, based on a comparable standard 32 -foot wide street. Since Dodd Road is 36' wide, the assessment for city owned parcels will be reduced by multiplying the assessment rate by a factor of 32'/36. The estimated assessments, based on the City's Assessment Policy for a standard mill & overlay improvement, with a 5% credit, is $19.59 per front foot for city owned parks parcels, and is calculated as follows: ® $341,000 (Mill and Overlay Costs) / 11,024' (Total Frontage) _ $30.93 / Front Foot © $30.93 / Front Foot x 75% (Assessment Rate) x 32/36' x 95% _ $19.59 / City Parcels F.F. ® Trapp Farm Park: 160 Front Feet x $19.5.9 / City Parcels F.F. _ $3,134 Dodd Road 82J The remaining Dodd Road frontage within the project area (8,084' or 73 %) is either side yard or backyard property with no driveway accesses, or assessable as described above, and therefore not assessable under the City's Assessment Policy. 1;;�>Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners and over 10 years for park/ public facility owners. In 2012, the interest rate was set at 3.5 %. The 2013 rate is not yet available, however, based on City policy it is expected to be determined by the City Council in the spring. The following payment schedule is an example of a $1,000 assessment with an estimated 3.5% interest rate: First Year f Fifth Year Principal Per Year I Interest Per Year I Cost Per Year $200 $200 Bonds may be issued to finance the improvements. �Revenue Source A summary of revenue sources is listed below: $40.83 $240.83 $207 The City's Major Street Fund will finance the estimated project deficit of $447,939 (92% of total). Dodd Road` 9 Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $341,000 $39,861 $301,139 Repair Existing Curb & Gutter $ 38,600 - $ 38,600 Trail Improvements $108,200 - $108,200 Totals $487,800 $39,861 $447,939 The City's Major Street Fund will finance the estimated project deficit of $447,939 (92% of total). Dodd Road` 9 ';;�'Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing .............................................. ............................... November 20, 2012 Informational Meeting ..................... ............................... .......................December 10, 2012 Public Hearing .................................. ............................... .......................December 18, 2012 Approve Plans and Specifications ....... ............................... ........................January 18, 2013 BidDate ..................................................................... ............................... February 28, 2013 Award Contract ............................................................... ............................... March 5, 2013 StartConstruction .............................................................. ............................... May 1, 2013 Project Completion ........................................................... ............................... August, 2013 Final Cost Report .................................... ............................... .....................September, 2013 Final Assessment Hearing ...................................................... ............................... Fall, 2013 First Payment Due with Property Tax Statement ............ ............................... May 15, 2014 Dodd Road 10 Appendix A Preliminary Cost Estimate City Project 1100 Dodd Road Item No, Item Unit Unit Price 4YY Estimated Cost Part 1 - Bituminous Street Overlay I Item Unit I Unit Price Qty ( Estimated Cost 2021.501 Mobilization LS $5,000 1 $ 5,000.00 2104.505 Remove Bituminous Pavement SY $7.50 100 $ 750.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $24.50 10 $ 245.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 20220 $ 32,352.00 2232.501 Mill Bituminous Pavement Full Width (1 -1/4" to 3-3/4" depth) SY $2.00 $110.00 $ - 2357.502 Bituminous Material for Tack Coat GAL $2.75 1220 $ 3,355.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 20 $ 2,000.00 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 3200 $ 185,600.00 2504.602 Adjust Gate Valve Box EA $110.00 7 $ 770.00 2504.602 Repair Gate Valve Mid Section EA $300.00 2 $ 600.00 2504.602 Repair Gate Valve Top Section w /Cover EA $275.00 3 $ 825.00 2506.602 Adjust Manhole Casting - Riser Adjustment EA $210.00 6 $ 1,260.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 7 $ 2,975.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $750.00 $ _ 2506.602 Remove & Replace Topslab w/ Cstg. (16428) EA $1,525.00 $ - 2582.501 Pavement Message Arrow (Left) - Epoxy EA $100.00 1 $ 100.00 2582.501 Pavement Message Arrow (Right) - Epoxy EA $100.00 $ _ 2582.501 Pavement Message Arrow (Thru) - Epoxy EA $100.00 $ - 2582.501 Pavement Message Arrow (Right /Thru) - Epoxy EA $130.00 $ _ 2582.501 Pavement Message Arrow (Left /Thru) - Epoxy EA $130.00 $ _ 2582.502 24" Solid Line White - Epoxy LF $7.00 24 $ 168.00 2582.502 24" Solid Line Yellow - Epoxy LF $7.00 $ - 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 4815 $ 2,407.50 2582.502 4" Solid Line White -Epoxy LF $0.25 5000 $ 1,250.00 2582.502 12" Solid Line White - Epoxy LF $3.25 $ _ 2582.503 Zebra Crosswalk White - Epoxy SF $4.00 288 $ 1,152.00 SP -1 Signage Remove & Replace LS $6,542.00 1 $ 6,542.00 2563.601 Traffic Control LS $2,500.00 1 $ 2,500.00 $ 249,851.50 5% Contingency $ 12,492,58 Subtotal $ 262,344.08 30% Indirect Costs $ 78,703.22 Part I - Bituminous Street Overlay $ 341,047.30 Item No. I Item Unit I Unit Price Qty ( Estimated Cost Part II - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter LF $6.50 465 $ 3,022.50 2104.505 Remove Bituminous Pavement SY $7.50 $ _ 2104.505 Remove Concrete Driveway SY $18.00 $ 2104.505 Remove Concrete Valley Gutter SY $15.00 $ _ 2104.523 Salvage Casting EA $110.00 $ - 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $24.50 5 $ 122.50 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 10 $ 1,000.00 Dodd Road 2502.541 6" HDPE Perf. Drain Tile (S.P. #261) LF $17.00 Remove Concrete Sidewalk (4 ") $ 2503.602 Connect to Existing Drainage Structure EA $575.00 6 "Aggregate Base, Cl, 5 (100% Crushed) $ 2504.602 Repair Residential Sprinkler Head EA $70.00 3 $ 2504.602 Repair Sprinkler System EA $375.00 1 $ 2506.521 Install Casting EA $600.00 $ $ 2506.602 Adjust Frame & Ring Casting (CB) EA $230.00 25 $ 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 EA $ 2506,602 Remove & Replace Casting (Catch Basin) EA $650.00 1 $ 2506.602 Remove & Replace CBMH Top Slab w /Cstg. EA $1,700.00 $ 2506.602 Remove & Replace Top Slab w /Cstg. R 3501 -TR EA $1,525.00 $ $ 2506,602 Remove & Replace CBMH Structure w /Cstg (4' Dia,) EA $4,050.00 $ 2506.602 Remove & Replace CBMH Structure w /Cstg (6' Dia,) EA $7,055.00 $ 2506.602 Remove & Replace CB Structure (2'x 3') EA $3,150.00 1 $ 2506.602 Remove & Replace CB Structure w /Cstg (2'x 3') EA $3,800.00 $ 2506.602 Construct CBMH over Existing Pipe W /Cstg. (4' Dia.) EA $5,550.00 $ 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $150.00 27 $ 2531.501 Concrete Curb & Gutter D412 LF $14.70 $ 2531.501 Concrete Curb and Gutter, 8612 LF $16.65 $ 2531.501 Concrete Curb and Gutter, 8618 LF $16.15 465 $ 2531.501 Concrete Curb and Gutter, Surmountable LF $16.00 $ 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $56.25 $ 2531.507 7" Concrete Driveway Pavement - High Early SY $47.25 $ 2531.507 Concrete Valley Gutter - High Early SY $54.00 $ 2540.602 Repair Underground Electric Fence EA $130.00 2 $ 2540.602 Repair Residential Landscaping EA $350.00 2 $ 2565.602 NMC Loop Detector EA $1,000.00 $ 2573.530 Storm Drain Inlet Protection EA $120.00 6 $ 2575.609 Seeding (MnDOT 270 w /Type 1 Mulch Special) SY $8.00 55 $ 2575.505 Sodding, Type Lawn (Highland) SY $8.55 $ 2575.551 Compost, Grade 1 TON $40.00 8 $ Subtotal c 5% Contingency Subtotal 30% Indirect Costs Part II - Repair Existing Curb & Gutter Item No. I Item Part III - Trail Overlay 2101.601 Remove Trail Overgrowth 2104.503 Remove Concrete Sidewalk (4 ") 2104.503 Remove Concrete Sidewalk (6 ") 2104.505 Remove Bituminous Pavement 2211.501 6 "Aggregate Base, Cl, 5 (100% Crushed) 2357.502 Bituminous Material for Tack Coat 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) 2504.602 Repair Residential Sprinkler Head 2504.602 Repair Sprinkler System 2521.501 6" Concrete Walk - Bullnose 2521.501 4" Concrete Sidewalk Dodd Road el Q Unit I Unit Price 210.00 375.00 5,750.00 650.00 3,150.00 4,050.00 7,509.75 260.00 700.00 720.00 440.00 320.00 IQ 97n 7[ $ 1,413.99 $ 29,693.74 $ 8,908.12 $ 38,601.86 Est Qty Estimated Cost LS $3,300.00 1 $ 3,300.00 SF $2.00 $ - SF $2.25 $ - SY $7.50 800 $ 6,000.00 TON $24.50 5 $ 122.50 GAL $2.75 308 $ 847.00 TON $100.00 20 $ 2,000.00 TON $70.00 575 $ 40,250.00 EA $70.00 7 $ 490.00 EA $375.00 1 $ 375.00 SF $5.75 $ - SF- $3.90 $ 2521.501 6" Concrete Sidewalk 2521.501 6" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset 2531.618 Truncated Dome Detectable Warning Paver (2x2) 2531,618 Truncated Dome Detectable Warning Paver (Radius Plate) 2540.602 Repair Underground Electric Fence 2540.602 Repair Residential Landscaping 2575.609 Seeding (MnDOT 270 w /Type 1 Mulch Special) 2575.505 Sodding, Type Lawn (Highland) 2575.551 Compost, Grade 1 Subtotal _ 5% Contingency Subtotal 30% Indirect Costs Part III - Trail Overlay Part I - Bituminous Street Overlay Part II - Repair Existing Curb & Gutter Part II —Trail Overlay Project 1100 Total Cost Dodd Road SF $4.50 $ _ SF $6.00 180 $ 1,080.00 EA $145.00 12 $ 1,740.00 EA $170.00 $ _ EA $130.00 3 $ 390.00 EA $350.00 3 $ 1,050.00 SY $8.00 2310 $ 18,480.00 SY $8.55 $ _ TON $40.00 78 S 3.120.00 $ 79,244.50 $ 3,962.23 $ 83,206.73 $ 24,962.02 $ 108,168.74 $ 341,047.30 $ 38,601.86 $ 108,168.74 $ 487,817.90 Appendix B Preliminary Assessment Roll City Project 1100 - Dodd Road Platted Residential P.I.N. Lot Equivalent Unit Assessment Total 4230 DODD ROAD 10- 24850 -01 -020 1 $ 866.25 $ 866,25 4240 DODD ROAD 10- 24850 -01 -030 1 $ 866,25 $ 866.25 4245 DODD ROAD 10- 72989.01 -010 1 $ 866.25 $ 866.25 4247 DODD ROAD 10- 72989 -01 -020 1 $ 866.25 $ 866.25 4251 DODD ROAD 10- 65800 -01 -010 1 $ 866.25 $ 866.25 4283 DODD ROAD 10- 65800 -02 -020 1 $ 866.25 $ 866.25 4462 DODD ROAD 10- 44300 -02 -050 1 $ 866.25 $ 866.25 Subtotal 7 Total Platted Residential $ 6,063.75 Unplatted Residential & Agriculture P.I.N. Front Footage Rate /F.F. Total 4395 DODD ROAD 10- 02500 -29 -060 190 $ 8.25 $ 1,567.50 4280 DODD ROAD 10- 02500 -25 -024 308 $ 8.25 $ 2,541.00 4370 DODD ROAD 10- 02500 -30 -042 438 $ 8.25 $ 3,613.50 4420 DODD ROAD 10- 02500 -52 -010 221 $ 8.25 $ 1,823.25 Total Unplatted Residential & Agric ulture $ 9,545.25 PF - Public Facility P.I.N. Front Footage Rate /F.F. Total 670 DIFFLEY ROAD 10- 22545 -01 -020 359 $ 19.59 $ 7,032.81 4200 DODD ROAD 10- 24850 -01 -010 238 $ 19.59 $ 4,662.42 4300 DODD ROAD 10- 72550 -01 -010 481 $ 19.59 $ 9,422.79 Total Public Facility Assessments $ 21,118.02 P - Parks P.I.N. Front Footage Rate /F.F. Total Trapp Farm 10- 72960 -00 -010 160 $ 19,59 $ 3;134.40 Total Parks Assessments $ 3,134.40 TOTAL ASSESSMENTS $ 39,861.42 Platted Residential Frontage 735 6.7% Unplatted Residential & Agricultural 967 8.8% Public Facility Frontage 1078 9.8% Parks Frontage 160 1.5% Non - Assessable Frontage 8084 73.3% Total 11024 100% lose Me 4�1 Dodd Road City of l;a�a o� g. street Revitalization Project 1100 Fig. 1 Engineering Department Location Map LEGEND ®iffley Road Street Improvement IM 1:1111111111MIM im Trail Overlay ■io ®ti®� ®rte ' Assessable Area S ; iT s 4200 Ts _ 670�rl'yy �r �' • .d s £c 42304 f �z..re,,f 'ii�a ,,,, j� =) �r 4245 , •. - vx' - Jr t�M1,a MIZ nit i e` f/ "a "M I MW �` f.�y - ✓ z<r`s4 � -,h t .r 7i �f,`.0 "! �� 'a� ° � s, K k. =1+ `s� s iLassof,Ln. r 4V# x 4ED s LJ�rl. ��- ai 3..:'� } • - /:� ifuS -'',F 71 `� i5rr.* �`_4., �+ 4283. �7:x ❑ a A r f _ Wi ::Hack more ,Drive q }k i A. Fill U. - , F F Pinewood;r.: sit {, - - ' Elementary; ,- School T WI R� Calvin }: 4 r =a Y N r4 Trail Overlay] qf. % s ;t� r a} ..54: - .J�ti } ir.�L�. €sy.. ✓ . i3 y {� i Dodd Road FIG. 2A Street Revitalization - Project 1100 r(� t nf (1c� Street Improvement Area : itV i���fl Date: 1012012012 f� LEGEND t' f a Pinewood" Street Improvement - -: f Calvin Ct Elementary y �. A + � Trail Overlay � ,: SCi1001� ' ® m i Assessable Area ,� f y �9 TrallOverlay� �{ 4370 'Golden Meadow Rd s °� r =$ A} ft 3 g a < =f. s• < s y -�t;33 -" -g�y�5 x4F t•- i' '�� � � �� �. :+- ,� � rte+ 2 1 >� s s 4 isx q 2t „.1 �7 2 • CrimsonLeaf Tr. 4395 Y h4 4420 m� re x j t ; t 3 t I ' la i tic r, F � ��1 ill _ S }.: `derne�s Run Rd a _ /� q S Dodd Road FIG. 2B Street Revitalization - Project 1100 pTr p Street Improvement Area li of �i "wfi Pate: 10/20/2012 3 4420 m� re x j t ; t 3 t I ' la i tic r, F � ��1 ill _ S }.: `derne�s Run Rd a _ /� q S Dodd Road FIG. 2B Street Revitalization - Project 1100 pTr p Street Improvement Area li of �i "wfi Pate: 10/20/2012 - �d Hess R U s s _ y- _ r .c r y AI im Ail- M MOU _ s'i'r -�0, Rd: N.-. Hay Lake, x .4 1L1 U Trail Overly - KI A �L 1t yy� s t n• z art e X. LEGEND r �y + - i Street Improvement '' ��� �� y •,; z � � , ek�� fir: z � ti masomosox Trail Overlay ® ® ® ® i Assessable Area _ F K Cliff RID ad Dodd Road FIG. 2C Street Revitalization - Project 1100 Street Improvement Area ` CI tY n P2 0p Date: 10/20/2012 73'- 90' ROW 36' F.F. ZE X. TRAIL VEX. TRAIL 5' /Z BITUMINOUS SURFACE EX. B618 8" CL. 5 AGGREGATE BASE CURB & GUTTER FULL -WIDTH MILL (33' wide) Typ. Existing Typical Section 73'- 90' ROW 36' F.F. 02" BITUMINOUS TRAIL 1 1/Z BITUMINOUS OVERLAY TRAIL 2" - 3" TYPE 2360 BITUMINOUS 0' 1 RLAY OVERLAY r-- EX. 8 TRAIL BITUMINOUS TACK COAT REPLACE EX. CURB & 5112 BITUMINOUS SURFACE GUTTER AS DIRECTED 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section � __ Dodd Road City of Eap Street Revitalization - Project 1100 Engineering Department Typical Sections Fig. 3 DODD ROAD Street Revitalization City Project No. 1100 Informational Meeting — 6:30 P.M. Monday, December 10, 2012 Conference Rooms lA & B Attendance Aaron Nelson, Assistant City Engineer, 1 resident/property owner of a single family home (see attached sign -in sheet). The resident showed up about 40 minutes early, so we went through her questions individually before the scheduled meeting began. Presentation of Project Details Nelson welcomed the resident and presented project information, including details such as construction, costs, schedule and assessments. Since there was only one resident in attendance, the meeting was conducted as an informal conversation to address all of the resident's questions regarding the project. Questions/ Comments 1. Are the single family homes on either side of me being assessed for the improvements too? Only the single family homes with direct access (driveways) to Dodd Road are proposed to be assessed for these improvements. The homes on either side of the property were assessed a few years ago when the streets their driveways access were rehabilitated. 2. Will the road be open during construction? Will access be maintained to driveways? Will the road be milled all the way to the gravel? Dodd Road will be open to traffic during construction. We do not anticipate any closures during the work, however, some phases of work will require short term lane closures and the contractor will likely use flagmen to help direct traffic. Access to the driveway should be maintained throughout construction. If curb needs to be replaced at your driveway, the contractor can provide a temporary access for use during a 72 hour concrete curb curing period. Only the top two inches of asphalt are proposed to be removed so an asphalt driving surface will be maintained at all times. 3. How long will the construction last? Construction is anticipated to begin in late April or early May (weather dependent). The size and scope of the improvements will likely result in a 6 to 8 week construction timefiame. The meeting adjourned at 6:05 p.m. Jkl� INFORMATIONAL MEETING Dodd Road n Street Revitalization Assessment City of Eagan Project No. 1100 Monday, December 10, 2012 6:30 p.m. - Conference Room 1AB NAME ADDRESS Lc� 46� r\ 2. 3. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. PHONE NO. Agenda Information Memo December 18, 2012 Eagan City Council Meeting PUBLIC HEARING K. PROJECT 1097, SUMMER PLACE ADDITION/ SUMMER PLACE SECOND ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1097, Summer Place Addition/ Summer Place Second Addition (Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past 23 years, the City has rehabilitated approximately 193 miles of local streets. • The resurfacing of the streets within the Summer Place Addition/Summer Place Second Addition neighborhood in southeastern Eagan has been programmed for 2013 in the City's 5 -Year Capital Improvement Program. • On June 5, 2012, the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On November 20, 2012, the feasibility report for Project 1097 was presented to the City Council and a Public Hearing was scheduled for December 18 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 10 for the adjacent property owners to discuss the proposed improvements. Of the 37 total properties (all single - family homes) proposed to be assessed under this improvement, no one attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: _ • Feasibility Report, pages through3`jq. }5 f t h V � � r 1. } From: Aaron Nelson, Assistant City Engineer Date: November 20, 2012 Re: Summer Place 1St & 2nd Street Revitalization City Project No. 1097 Attached is our report for the Summer Place 1St & 2nd Street Revitalization, City Project No. 1097. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Aaron Nelson Date: l 1 ( ( i Z " Reg. No. 45795 Reviewed By: Department ofIPi blic Works Date: i ' /-/ " Reviewed By: Finance Depariflnent ff Date: R) TABLE OF CONTENTS ExecutiveSummary ...................................................................................... ..............................1 Introduction /History .................................................................... ............................... 2 Scope........................................................................................... ............................... 3 AreaTo Be Included ..................................................................... ............................... 3 StreetPavement Evaluation ......................................................... ............................... 3 ProposedImprovements .............................................................. ............................... 4 Easements /Permits ...................................................................... ............................... 6 Feasibilityand Recommendations ................................................ ............................... 6 CostEstimate ............................................................................... ............................... 7 Assessments................................................................................ ............................... 7 AssessmentFinancing Options ..................................................... ............................... 8 RevenueSource ........................................................................... ............................... 8 ProjectSchedule .......................................................................... ............................... 9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Map - 3 Typical Section — Mill & Overlay Cs. Executive Summary Background Project Name Summer Place 15Y & 2nd Project # 1097 Street Area 4,984 sq. yds Street Length Approx 1,263'(0.25 mi) Streets Included Summer Place, Summer Lane, Summer Court Constructed 1988,90,91 Reconstructed - Cracksealed - Seal Coated 1993/95,2005 Location SW % Section 25 Township 27, Range 23 Relative Location North of Wilderness Run Road West of Dodd Rd. City Park/ County Park N/A Project Details Roadway resurfacing PCI Rating 31 Replacement of damaged Recommended Edge Mill and 1.5" curb & gutter Improvement Overlay Curb Removal 20% Adjustment /Replacement of; Scope sanitary /storm sewer $37,100 (35 %) $68,500 (65 %) utility castings Residential Lots 37 water gate valves City Park/ County Park N/A street signage Cost Estimate Summer Place/ Summer Place Second 1 �� Property City Mill & Overlay w /signage $74,200 $37,100 $37,100 Repair Ex Conc Curb & $31,400 0 $31,400 Gutter Total $105,600 $37,100 (35 %) $68,500 (65 %) Summer Place/ Summer Place Second 1 �� November 20, 2012 Neighborhood Street Revitalization Summer Place 1st & 2nd Eagan, Minnesota Introduction History Pavement Management - As a part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The Summer Place 15t and 2nd residential streets (approximately 0.25 miles in length) in southeast Eagan are identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this residential neighborhood were constructed in 1988, 1990, and in 1991. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is in the 20 -25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that these streets were seal coated in 1993/1995 and 2005. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed Summer Place/ Summer Place Second . 2 ��q leveling and maintenance overlays on portions of the streets under consideration where necessary. These repairs alone will not substantially extend the life expectancy of the street section unless combined with the bituminous overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) and access in the project area and determined the systems are in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right -of- way and easements such as street lights, utility boxes, and above - ground storm water ponding /access, and pedestrian features were evaluated. The rehabilitation of City- maintained items is included in this report, if needed. ';;�>Scope This project will provide resurfacing (edge mill and overlay) for approximately 0.25 miles of roadway. Figure 2 in Appendix C, illustrates the project limits. The following improvements are also included in the project: replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and street signage. Area To Be Included Properties included in the project lie within the Southwest % of Section 25, lying North of Wilderness Run Road, West of Dodd Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. ';�>Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: Summer Place/ Summer Place Second 3 3LJ D PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct /Reclaim The 2012 PCI rankings for the Summer Place 15t & 2nd street segments have a weighted average pavement condition rating of 31 which falls in the upper rankings of the "Reconstruct /Reclaim" category. While the pavement condition falls into the Reconstruct /Reclaim category, the types of pavement distresses do not reflect significant subgrade issues, and the existing pavement still has substantial strength. Therefore, a mill & overlay of this street will provide a reasonable pavement life expectancy. The 2013 construction season is the critical time to construct the bituminous overlay on this street, before its condition deteriorates further and warrants full reconstruction. pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1%- inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. The proposed street improvements for this project are detailed in Appendix C, fig. 3. Summer Place/ Summer Place Second 4 D04� Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 20% of the existing concrete curb and gutter will have to have to be replaced. Boulevard turf : y will be removed and replaced with either sod �. . or seed. While the contractor who performs the work is responsible for its establishment, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Utility Adjustment /Replacement — Sanitary /storm sewer manholes, catch basins, and gate valves will be adjusted or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. Alternative adjustment materials and methods are being investigated and implemented to reduce infiltration into the City sanitary and storm systems. Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to Summer Place/ Summer Place Second 5 � `6 D. improve safety and night time visibility, and those that are not will be permanently removed. Street Lights - The street lights in the project area (maintained by Dakota Electric Association) are in good condition and provide adequate coverage at the street intersections. Storm Water (duality Improvements — Several pond improvements to improve storm water quality have been identified in the 2013 -2017 CIP and are proposed for construction in 2013 and 2014. Timing will be determined based on the scope of the improvements, required permits and public comment periods, soil testing results, and the desirable time of year to construct the improvements. These improvements will either be performed in- house, or through separate contract. '` ,.Z.,+ ,r ..? The work proposed in the _ � p_ 22 ° , t 2013 WQ-CIP Sediment Removal: j i, (Wetland) Summer Place 1St & 2nd area Summer Place Project Map Book: 26S includes modifications to City Pond LP -64 and identifies - R yair Pipe FE lmc, repairs to an existing pipePN �i LP t { � [Atld New SklmmerJ �. and flared end, the addition 1 �` 89 ' ''` of a new skimmer r, and V Sediment accumulation removal of approximately 50'x30'x 3'depth 4 167 Yd3 167 cubic yards of sediment �'_ <' ' '''3 s Because this work will not be °� RWN�EER�& t ooa assessed, but will be financed through the City's existing Storm Water Utility Fund 1126 — Storm Drainage System Renewal and Replacement, preliminary cost estimates are not included in this report and the costs are not proposed to be assessed. 1;�>Easjement/Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. �Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase ride ability. The mill and overlay Summer Place/ Summer Place Second 6 M3 portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2013 — 2017) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2013 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Summer Place 15t & 2nd • Mill & Overlay w/ signage ...................... ............................... $ 74,200 • Repair Existing Concrete Curb & Gutter . ............................... 31,400 Total............................................ ............................... $105,600 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay —Residential 50% 50% Repair Existing Concrete Curb & Gutter 0% 100% Residential Lots — Street Revitalization Improvements (Chatterton Ponds) All residential lots (37 total single - family residential lots) as shown on Figure 2 having driveway access on to the street to be improved are proposed to be assessed. The City's Assessment Summer Place/ Summer Place Second 7 2yy Policy states that 50% of the mill and overlay costs are assessable for local residential streets, based on a standard 32 -foot width. The estimated cost per single- family lot based on the City Assessment Policy is $1,003 /lot and is calculated as follows: 100% Residential Single - Family $74,200 (Overlay + Sign Costs) x 50% = $37,100 Total Assessment $37,100 (Total Assessment) = $1,003/ Lot Equivalent 37 SF Lots �Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners. In 2012, the interest rate was set at 3.5 %. The 2013 rate is not yet available, however, based on City policy it is expected to be determined by the City Council in the spring. The following payment schedule is an example of the $1,003 assessment with an estimated 3.5% interest rate: First Year Fifth Year Principal Per Year I Interest Per Year I Cost Per Year $201 $201 Bonds may be issued to finance the improvements. 1;�>Revenue Source A summary of revenue sources is listed below: $41 1 $242 $ 7 1 $208 The City's Major Street Fund will finance the estimated project deficit of $68,500 (65% of total) Summer Place/ Summer Place Second 8 N Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 74,200 $37,100 $37,100 Repair Existing Curb $ 31,400 - $31,400 Totals $105,600 $37,100 $68,500 The City's Major Street Fund will finance the estimated project deficit of $68,500 (65% of total) Summer Place/ Summer Place Second 8 N a ray Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........ November 20, 2012 Informational Meeting ...................... ............................... ......................December 10, 2012 Public Hearing .................................. ............................... .......................December 18, 2012 Approve Plans and Specifications ....... ............................... ........................January 18, 2013 BidDate ............................................... ............................... ......................February 28, 2013 AwardContract ............................................................... ............................... March 5, 2013 StartConstruction .............................................................. ............................... May 1, 2013 ProjectCompletion ........................................................... ............................... August, 2013 Final Cost Report .................................... ....................... ......... .....................September, 2013 Final Assessment Hearing ....................................................... ............................... Fall, 2013 First Payment Due with Property Tax Statement ............ ............................... May 15, 2014 Summer Place/ Summer Place Second 9 o Appendix A Preliminary Cost Estimate City Project 1097 Summer Place 1st & 2nd Item No. Item Unit Unit Price Qty Estimated Cost Part I - Bituminous Street Overlay 2104.503 Remove Concrete Sidewalk (6 ") 2104.505 Remove Bituminous Pavement 2104.503 2021.501 Mobilization LS $3,500.00 1 $ 3,500.00 2104.505 Remove Bituminous Pavement SY $7.50 380 $ 2,850.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 2040 $ 3,264.00 2232.501 Mill Bituminous Pavement Full Width (1 -1/4" to 3 -3/4" depth) SY $2.00 $24.50 10 $ 245.00 2357.502 Bituminous Material for Tack Coat GAL $2.75 250 $ 687.50 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 500 $ 29,000.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 75 $ 7,500.00 2504.602 Adjust Gate Valve Box EA $110.00 3 $ 330.00 2504.602 Repair Gate Valve Mid Section EA $300.00 1 $ 300.00 2504.602 Repair Gate Valve Top Section w /Cover EA $275.00 2 $ 550.00 2506.602 Adjust Manhole Casting - Riser Adjustment EA $210.00 5 $ 1,050.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 1 $ 425.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $750.00 $ _ 2506.602 Remove & Replace Topslab w/ Cstg. (1642B) EA $1,525.00 $ _ 2582.501 Pavement Message Arrow (Left) - Epoxy EA $100.00 $ _ 2582.501 Pavement Message Arrow (Right) - Epoxy EA $100.00 $ _ 2582.501 Pavement Message Arrow (Thru) - Epoxy EA $100.00 $ _ 2582.501 Pavement Message Arrow (Right /Thru) - Epoxy EA $130.00 $ _ 2582.501 Pavement Message Arrow (Left /Thru) - Epoxy EA $130.00 $ 2582.502 24" Solid Line White - Epoxy LF $7.00 $ 2582.502 24" Solid Line Yellow - Epoxy LF $7.00 $ 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 $ 2582.502 4" Solid Line White -Epoxy LF $0.25 $ 2582.502 12" Solid Line White - Epoxy LF $3.25 $ 2582.503 Zebra Crosswalk White - Epoxy SF $4.00 $ _ SP -1 Signage Remove & Replace LS $2,920.00 1 $ 2,920.00 2563.601 Traffic Control LS $2,000.00 1 $ 2,000.00 Subtotal $ 54,376.50 5% Contingency $ 2,718.83 Subtotal $ 57,095.33 30% Indirect Costs $ 17,128.60 Part I - Bituminous Street Overlay $ 74,223.92 Item No. Item Unit Unit Price Qty Estimated Cost Part II - Repair Existing Curb & Gutter 2101.601 Remove Trail Overgrowth 2104.501 Remove Concrete Curb and Gutter 2104.503 Remove Concrete Sidewalk (4 ") 2104.503 Remove Concrete Sidewalk (6 ") 2104.505 Remove Bituminous Pavement 2104.503 Remove Bituminous Trail Pavement 2104.505 Remove Concrete Driveway 2104.505 Remove Concrete Valley Gutter 2104.523 Salvage Casting 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) LS $3,300.00 $ _ LF $6.50 605 $ 3,932.50 SF $2.00 $ _ SF $2.25 $ SY $7.50 $ SF $1.15 $ SY $18.00 $ _ SY $15.00 34 $ 510.00 EA $110.00 $ _ TON $24.50 10 $ 245.00 TON $100.00 30 $ 3,000.00 TON $70.00 $ _ Summer Place/ Summer Place Second 2502.541 6" HDPE Perf. Drain Tile (S.P. #261) LF $17.00 $ 2503.602 Connect to Existing Drainage Structure EA $575.00 $ 2504.602 Repair Residential Sprinkler Head EA $70.00 5 $ 350.00 2504.602 Repair Sprinkler System EA $375.00 1 $ 375.00 2506.521 Install Casting EA $600.00 $ _ 2506.602 Adjust Frame & Ring Casting (CB) EA $230.00 $ _ 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 3 $ 1,200.00 2506.602 Remove & Replace Casting (Catch Basin) EA $650.00 1 $ 650.00 2506.602 Remove & Replace CBMH Top Slab w /Cstg. EA $1,700.00 $ _ 2506.602 Remove & Replace Top Slab w /Cstg, R 3501 -TR EA $1,525.00 $ 2506,602 Remove & Replace CBMH Structure w /Cstg (4' Dia.) EA $4,050.00 $ 2506.602 Remove & Replace CBMH Structure w /Cstg (6' Dia.) EA $7,055.00 $ 2506.602 Remove & Replace CB Structure (2'x 3') EA $3,150.00 $ 2506.602 Remove & Replace CB Structure w /Cstg (2'x 3') EA $3,800.00 $ 2506.602 Construct CBMH over Existing Pipe W /Cstg. (4' Dia.) EA $5,550.00 $ - 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $150.00 2 $ 300.00 2521.501 6" Concrete Walk - Bullnose SF $5.75 $ _ 2521.501 4" Concrete Sidewalk SF $3.90 $ 2521.501 6" Concrete Sidewalk SF $4.50 $ 2521.501 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $4.90 $ _ 2531.501 Concrete Curb & Gutter D412 LF $14.70 405 $ 5,953.50 2531,501 Concrete Curb and Gutter, 8612 LF $16.65 $ _ 2531.501 Concrete Curb and Gutter, 8618 LF $16.15 $ _ 2531.501 Concrete Curb and Gutter, Surmountable LF $16.00 185 $ 2,960.00 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $56.25 $ - 2531.507 7" Concrete Driveway Pavement - High Early SY $47.25 $ _ 2531.507 Concrete Valley Gutter - High Early SY $54,00 34 $ 1,836.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $145.00 $ _ 2531.618 Truncated Dome Detectable Warning Paver (Radius Plate) EA $170.00 $ _ 2540.602 Repair Underground Electric Fence EA $130.00 3 $ 390.00 2540.602 Repair Residential Landscaping EA $350.00 1 $ 350.00 2565.602 NMC Loop Detector EA $1,000.00 $ _ 2573.530 Storm Drain Inlet Protection EA $120.00 2 $ 240.00 2575.609 Seeding (MnDOT 270 w /Type 1 Mulch Special) SY $8.00 10 $ 80.00 2575.505 Sodding, Type Lawn (Highland) SY $8.55 40 $ 342.00 2575.551 Compost, Grade 1 TON $40.00 7 $ 280.00 Subtotal $ 22,994.00 5 %Contingency $ 1,149.70 Subtotal $ 24,143.70 30% Indirect Costs $ 7,243.11 Part II Repair Existing Curb & Gutter $ 31,386.81 Part I Bituminous Street Overlay $ 74,223.92 Part II Repair Existing Curb & Gutter $ 31,386.81 TOTAL $ 105,610.73 Summer Place/ Summer Place Second 42 R -1 Residential 725 Summer LN 722 Summer LN 721 Summer LN 718 Summer LN 712 Summer LN 708 Summer LN 705 Summer LN 704 Summer LN 701 Summer LN 697 Summer LN 693 Summer LN 689 Summer LN 688 Summer LN 685 Summer LN 684 Summer LN 681 Summer LN 680 Summer LN 677 Summer LN 676 Summer LN 673 Summer LN 669 Summer LN R -1 Residential 4421 Summer Ct 4424 Summer Ct 4425 Summer Ct 4428 Summer Ct 4429 Summer Ct 4432 Summer Ct 4433 Summer Ct 4436 Summer Ct 4437 Summer Ct Appendix B Preliminary Assessment Roll City Project 1097 Summer Place 1st and 2nd Summer Lane P.I.N. 10- 72960 -02 -010 10- 72960 -01 -010 10- 72960 -02 -020 10- 72960 -01 -020 10- 72960 -01 -030 10- 72960 -01 -040 10- 72960 -02 -100 10- 72960 -01 -050 10- 72960 -02 -110 10- 72961 -01 -010 10- 72961 -01 -020 10- 72961 -01 -030 10- 72961 -02 -100 10- 72961 -01 -040 10- 72961 -02 -110 10- 72961 -01 -050 10- 72961 -02 -120 10- 72961 -01 -060 10- 72961 -02 -130 10- 72961 -01 -070 10- 72961 -01 -180 Subtotal Lot ivalent 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 21 Summer Court P.I.N. Lot Equivalent 10- 72961 -02 -010 10- 72961 -02 -090 10- 72961 -02 -020 10- 72961 -02 -080 10- 72961 -02 -030 10- 72961 -02 -070 10- 72961 -02 -040 10- 72961 -02 -060 10- 72961 -02 -050 Subtotal 1 1 1 1 1 1 1 1 1 9 Summer Place/ Summer Place Second �J -1 Unit Assessment $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 Unit Assessment $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 $1,002.70 Total $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $1,002.70 $1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 $1,002.70 $21,056.70 Total $ 1,002.70 $ 1,002.70 1,002.70 $ 1,002.70 $ 1,002.70 $ 1,002.70 1,002.70 $ 1,002.70 1,002.70 $ 9,024.30 Summer Place R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 724 Summer PL 10- 72960 -02 -030 1 $1,002.70 $ 1,002.70 726 Summer PL 10- 72960 -02 -040 1 $1,002.70 $ 1,002.70 730 Summer PL 10- 72960 -02 -050 1 $1;002.70 $ 1,002.70 734 Summer PL 10- 72960 -02 -060 1 $1,002.70 $ 1,002.70 731 Summer PL 10- 72960 -02 -070 1 $1,002.70 $ 1,002.70 727 Summer PL 10- 72960 -02 -080 1 $1,002.70 $ 1,002.70 709 Summer PL 10- 72960 -02 -090 1 $1,002.70 $ 1,002.70 Subtotal 7 $ 7,018.90 37 SF Lots Total SF Assessmenfis $37,099.90 Summer Place/ Summer Place Second O 4�1 Summer Place / Summer Place 2nd Add. City of Eap Street Revitalization - Project 1097 Engineering Department Location Map Fig. 1 lei w > 3} ¢ s j ' a w > t jjq s LL ff M+ {• 4 t } 1 _ G ;'$ea r cc 4 1 �r 000 00 ,'f .--L - vp .o Ln i ? co N ` 3 4 - rtJ } f � 4 '.� ,i�.`V ,, � �. L��'�r �. r,g��,!:h#xl..�.t iro+.s -�3 '. V �1G ♦� � � ; � n� f 1122 V 2 V � ]a ii � Y Vt sip ( ��.1 ..�. , 1 Cpl /D 0 ell 00 �' Ni r3,.k ir�t+ VD IM W CN ``'`�PP1�, - _ tr PXw'LM ID E)(ad\nadwi;oaa }g UMS139(0id 40MI MEMEn immi EDGE MILL (6' -8' wide) T Existing Typical Section 50' ROW 28' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY CURB JTTER REPLACE EX. CURB & BITUMINOUS TACK COAT GUTTER AS DIRECTED 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section '. r� Summer Place 1st & 2nd Additions City �f l �U�pp Qll Fig.3 Engineering Department Typical Sections - Project 1097 Agenda Information Memo December 18, 2012 City Council Meeting LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE THE CITY OF EAGAN'S 2013 LEGISLATIVE PRIORITIES AND POSITIONS ACTION TO BE CONSIDERED: To approve the City of Eagan's 2013 Legislative Priorities and Positions. FACTS: • The enclosed list of Eagan's 2013 legislative priorities and positions has been established to serve as a discussion guide for the Council and legislative delegation. • The list purposely does not duplicate all of the policy positions supported by the City through the League of Minnesota Cities (LMC), Municipal Legislative Commission (MLC), and Metro Cities. The City's priorities and positions are not intended to be comprehensive of every legislative issue important to the City; however, the list does represent the more critical issues facing the City. • The City Council reviewed the draft legislative priorities and positions at the December 11; 2012 Special City Council meeting. • The enclosed draft includes the additions .suggested at the December 11 workshop. • In keeping with past practice, the City's legislative priorities and positions will be sent to each member of Eagan's legislative delegation in advance of the January 8, 2013 Special City Council meeting, at which the Council and legislative delegation will have an opportunity to dialogue about the City's priorities and positions. ATTACHMENTS: • Enclosed on pages 3` 9�through�05 are the proposed 2013 Legislative Priorities and Positions. � S q City of Eagan CITY OF EAGAN 2013 LEGISLATIVE PRIORITIES AND POSITIONS The following requests and positions represent the Legislative priorities for the City of Eagan during the 2013 Legislative Session. In order not to duplicate what has already been provided to our Legislators, this list does not include every position on the issues that have already been addressed through policy documents set forth by the League of Minnesota Cities (LMC), Metro Cities, or the Municipal Legislative Commission (MLC). The City of Eagan respectfully requests the support of our Legislative delegation on the following initiatives: STATE BUDGET AND IMPACT ON THE CITY OF EAGAN • Eagan has maintained low property taxes and has been fiscally prudent for decades, and therefore strongly opposes any measure that would look to address continuing State deficits by taking money from cities' cash flow account for operations. • Eagan maintains its long -held opposition to State imposed levy limits or property tax freezes, as levies are an issue of local control, best addressed by the elected City Council. • The City of Eagan, like other MLC- member suburban communities, opposes reinstatement of the Market Value Homestead Credit. The City supports the stability to our budget provided by the current market value exclusion, and has valued from the elimination of the homestead credit. • Any approach to tax or property tax reform must serve not only state budget interests but also consider impacts to local governments. The long terms stability, predictability and sustainability of funding that local governments rely on should be taken into account in order not to further perpetuate or exacerbate current problems. • Should tax reform occur, it would be timely to further examine the successes and shortcomings of the Fiscal Disparities program. TRANSPORTATION Secure Funding for the Continued Phased Improvements for the Cedar Avenue Bus Rapid Transit (BRT) Improvements. • Priority Access improvements are needed to /from the recently completed Cedar Grove Transit Station and the TH 77 expressway. As the only current freeway station on the Cedar BRT Corridor, the Cedar Grove Station will require differently configured access improvements than the curbside access available on other portions of the Corridor. The City is working with Dakota County and IVINDOT to move forward with design, but they will not receive priority for installation without adequate funding specific to that purpose. 2013 City of Eagan Legislative Priorities and Positions Page 2 1A_1011XV110 Consider Modifications for TIF Redevelopment Districts to Offset Effects of the Current Development Economy • The League of Minnesota Cities has adopted a number of Legislative Policies related to modifications of tax increment financing, which the City supports. In particular, the City of Eagan would support reinstatement of provision for the use of TIF economic development districts through July 1, 2014 to create construction jobs by permitting the tool to be applied to uses that are not traditionally eligible under such districts, including office, retail and housing projects. The Cedar Grove Redevelopment District faces many of the same development market challenges as other redevelopment districts in the state. The City is currently exploring whether to submit a request for special legislation for the Cedar Grove District during this session. However, if there are bills proposed for other districts that address issues similar to those at Cedar Grove, the City may request that the Cedar Grove District be added to the legislation. Support TIF for Businesses Producing IT Products • Current TIF law limits the establishment of Economic Development Districts to those situations that support the expansion of businesses and creation of jobs that manufacture a physical product. • An increasing number of businesses in Minnesota are creating software and on -line publications. The ability of Minnesota cities to support the location and expansion of such businesses will be vital to the state's competitiveness in current and future economies. • Eagan's past experience with Thomson West's (now Thomson Reuters) proposed expansion illustrated the point. While it was clear that the firm's expansion project would create substantial property tax base and a large number of head of household jobs, current TIF law did not recognize it as being the equivalent of manufacturing, which would have permitted the City to consider the formation of an economic development TIF district to support the project. • Instead, the City needed to pursue special legislation to request permission to apply the statute to Thomson. While not all information businesses create products comparable to manufactured goods, state law should be amended to create criteria under which production of information technology products may be defined as manufacturing for TIF purposes. Oppose Industry Efforts to Oversee Building Codes • The Minnesota Department of Commerce uses an effective system to consider the implementation of international building codes and amendments of codes specific to the Minnesota environment and economy. The Code adoption process provides ample opportunity for input from interested parties including the construction industry, building officials and the general public. 2013 City of Eagan Legislative Priorities and Positions Page 3 Past legislative efforts by the industry to create "code councils" made up of industry representatives and intended to control the Code adoption process would tilt the process away from the public interest and toward industry interests rather than balancing those interests as the current system does. In the past, industry representatives have also proposed authorizing private inspectors, hired by property owners or contractors to take the place of the unbiased inspections by municipal inspectors. The City opposes these efforts. Provide Additional Tools to Minimize Impacts of Foreclosures Like all cities in Minnesota and around the country, the City of Eagan is focusing efforts on monitoring vacant and foreclosed properties and taking steps to minimize the impacts of vacancies on the properties themselves and their neighborhoods. • Cities will continue to need to use traditional and innovative tools to address this issue. In 2008, Legislation was enacted that requires private utility companies to share information regarding gas and electric shut offs with local units of government to aid in efforts to identify vacant or uninhabitable properties. Cities use this information as part of their database for and monitoring those properties for maintenance issues and to minimize vandalism and theft. • To build on the value of the utility shut off notice requirement, the City would also support legislation that would authorize water shut offs to properties whenever cities receive information from other utility companies that would suggest that the home is not heated. Currently cities may not shut off water service to unheated or vacant homes unless the City utility account is delinquent or the owner of record requests /consents to it. This is despite the fact that an unheated home is not safe for occupancy under the building code. • In addition, the City would support similar legislation that would obligate the owner of a property that is in foreclosure or vacant for any reason to provide contact information to the City that would permit prompt attention to matters that arise through property monitoring programs, including the need to secure buildings, the need to keep them in good repair during vacancies, the need to remove trash and maintain yards, etc. COMMUNICATIONS The Minnesota Legislature successfully amended tax code in 2011 to make it more attractive for Minnesota to compete with other states in landing large data centers, a currently expanding area of the economy. However, the legislation effectively limits those incentives to large single user facilities, even though multi- tenant data centers (such as the one proposed for Eagan) would not be eligible, despite achieving the same size and scale in aggregate. Modifications are needed to the new statute, given that that multi- tenant centers will attract an estimated $5 billion worth of investment in North America. Other states, like Virginia's tax code, recognize the growing trend of shared -use facilities. Phone companies, like Century Link want to extend video service to MN customers and compete with cable companies like Comcast. They are willing to sign a video franchise. Minnesota law was 2013 City of Eagan Legislative Priorities and Positions Page 4 changed to allow phone companies to build out only to their footprint, and not require build out to portions of a city beyond their service territory. Even then, entire build out is very expensive and requires more capital than financial markets are typically willing to finance. The current global trend where fiber optics are being built directly to the home, is to require build out whenever 50% of a neighborhood says they would like the service. This is a financeable model that would grow jobs and services, at a much lower capital investment. 1:11LIUM:ZORMi1V►ltIf-All • The City of Eagan supports a statewide approach to eliminate /ban the use of coal tar sealer. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 18, 2012 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. AUTHORIZE Preparation of Appraisal for Former Cedar Grove Credit Union Property 3. APPROVE Access Agreement for Dakota County to Facilitate Environmental Remediation of Certain Properties in the Cedar Grove Redevelopment District D. OLD BUSINESS 1. APPROVE Settlement Agreement for the Acquisition of the former Larson Automotive property at 3955 Cedarview Drive E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN 9 Agenda Information Memo Eagan Economic Development Authority Meeting December 18, 2012 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority (`VEDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the December 16, 2012 EDA meeting are enclosed on pages 3c4a through 3(o. 3 2. AUTHORIZE CITY ATTORNEY TO CONTRACT WITH AN APPRAISER TO PREPARE A MARKET ANALYSIS FOR FORMER CEDAR GROVE CREDIT UNION PROPERTY — The EDA has received a letter of intent from Doron Jensen on behalf of Jensens Supper Club for the purchase of the former credit union property at 3880 Sibley Memorial Highway. In order to provide the EDA with property value market information on which to base consideration of the proposal, the City Attorney can retain an appraiser to prepare an analysis of this kind and advise the EDA during the negotiation of a purchase agreement. 3. APPROVE ACCESS AGREEMENT FOR DAKOTA COUNTY TO FACILITATE ENVIRONMENTAL REMEDIATION OF CERTAIN PROPERTIES IN THE CEDAR GROVE REDEVELOPMENT DISTRICT — Dakota County personnel, along with their hired consultants from Stantec, will be conducting Phase I and Phase II environmental investigation on parcels located south of Cedar Grove Parkway within the Cedar Grove Redevelopment Area. The Subject parcels are controlled by the Eagan EDA and will be part of the planned Nicols Ridge �ya Park and future development area. The Access Agreement allows the County and its consultants to enter the property and conduct visual inspection and perform soil and groundwater sampling through July 31, 2013. When completed, a copy of the investigation reports will be provided to the City /EDA for their use and coordination with City /EDA environmental consultants. The Access Agreement is enclosed on pages 3(QL` to 3'10 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota December 4, 2012 A meeting of the Eagan Economic Development Authority was held on Tuesday, December 4, 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 Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It is recommended to approve the minutes of October 16, 2012 EDA meeting as presented. OLD BUSINESS APPROVE GRANT AGREEMENT FOR DEED REDEVELOPMENT GRANT FUNDING FOR CEDAR GROVE PARKING RAMP Community Development Director Hohenstein noted on September 27, 2012, the Department of Employment and Economic Development (DEED) awarded $750,000 to the Cedar Grove Redevelopment Project that requires the EDA to enter into a grant agreement prepared by DEED. DEED has completed the agreement and it has been reviewed by the City Attorney's office and is ready for signature. Councilmember and Commissioner Hansen moved, Councilmember and Commissioner Tilley seconded a motion to approve a redevelopment grant agreement with the Minnesota Department of Employment and Economic Development (DEED) to assist with costs associated with the Cedar Grove parking structure. Ayer 5 Nay: 0 NEW BUSINESS AUTHORIZE PREPARATION OF REQUEST FOR PROPOSALS FOR DESIGN SERVICES FOR APARKING RAMP IN THE CEDAR GROVE REDEVELOPMENT DISTRICT Community Development Director Hohenstein noted the EDA approved a purchase agreement with Paragon Outlets under which Paragon will acquire the property in the Cedar Grove Redevelopment �(� a District for the development of an upscale outlet shopping center. A condition of the purchase agreement is that the EDA will construct a public parking ramp adjacent to the Paragon property, one of the purposes of which will be to provide for a portion of Paragon's parking needs. On November 20, 2012, the City Council approved the preliminary development applications for the Paragon project. Hohenstein noted in order to bid and construct the parking ramp in parallel with the Paragon project development, it is necessary to proceed with design development. Staff is requesting authorization to prepare a request for proposals for design services for qualified firms for the ramp project. Councilmember and Commissioner Bakken moved, Councilmember and Commissioner Tilley seconded a motion to authorize the preparation of a Request for Proposals for Design Services for Parking Ramp in the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 OTHER BUSINESS There was no Other Business. Director of Community Development Hohenstein noted the announcement from Paragon that Saks Off 5th will anchor a new store in Eagan in the new shopping mall. ADJOURNMENT Acting President Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting. Aye:5 Nay:O Date Thomas Hedges, Executive Director Dakota County Contract #C0024581 ACCESS AGREEMENT BETWEEN DAKOTA COUNTY AND THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY This Agreement is between Dakota County, Minnesota ( "County ") and the Eagan Economic Development Authority ( "Owner ") for access by the County, its employees, duly authorized representatives or agents, including employees of Stantec Consulting Services, Inc. ( "Stantec ") (the environmental consulting firm hired by the County) to Owner's real estate, including buildings situated thereon ( "Property ") for the performance of services described below. The Property is located in Eagan, Minnesota, and is identified by the following Property Identification Numbers: 100190012020, 100190012030, 101352000010, 101352001010, and 101352001020. 1. ACCESS AND PURPOSES Owner hereby permits the County, its employees, duly authorized representatives, agents and subcontractors to enter upon and have rights of ingress and egress over and access at reasonable times to the Property for the following purposes: ( "Services ") Y See Exhibit A, attached hereto and incorporated herein by reference. The County will notify the Owner two (2) days in advance of any Services to be performed on the Property. TERM This Agreement shall be in effect from the date of execution by all parties through July 31, 2013, or for the length of time needed to complete the Services, whichever is longer. After the expiration of such term, if Owner wishes to withdraw permission for continued access, Owner shall notify the County of this fact in writing at least sixty (60) days prior to the effective date. The County shall then perform site restoration activities (e.g., seal monitoring wells) on the Property within a reasonable amount of time. 3. SCOPE OF WORK AND DISCLOSURE OF UNDERGROUND FACILITIES The Services to be performed may include subsurface investigative work. The nature and location of the proposed boreholes and /or monitoring wells are presented in Exhibit B, attached hereto and incorporated by reference herein. The County or Stantec will contact public utility locating services and will make a good faith effort to locate underground improvements which could potentially interfere with the proposed work, or be damaged by the proposed work. Since Owner has the most detailed and intimate knowledge of the types and locations of buried improvements, Owner will be called upon to assist Stantec to locate buried improvements. Consequently, Owner will be required to review the proposed work to insure that damage is not done to buried structures. By signing this Agreement, Owner represents that it has no notice or knowledge of underground tanks, pipes, utilities, and /or other man -made structures or improvements in the proposed drilling locations, and could not, with reasonable diligence, obtain plans showing such improvements or otherwise determine the location of such improvements. Owner agrees to waive any claims against the County, its employees, duly authorized representatives and agents, including Stantec, for damage to underground structures and utilities which are not marked, which are not otherwise called to the County or Stantec's attention, and /or which are not correctly shown on furnished plans. Owner will be consulted and will be allowed to view the drilling /well locations before work commences. 4. CONSEQUENTIAL DAMAGES No party to this Agreement shall be liable to any other party for any consequential damages incurred due to the fault of the other or their agents. Consequential damages include, but are not limited to, loss of use and loss of profit. 5. DAMAGE TO PROPERTY The County agrees to conduct the Services so as to minimize interference with the Owner's use of the Property. If any portion of the Property is disturbed as a result of the County's activities, the County will restore the Property to as close to its original condition as is reasonably possible under the circumstances. 6. INDEMNIFICATION The County agrees that it shall be liable for injury to or loss of property or personal injury or death caused by an act or omission of any employee of the County in performance of this Agreement, under circumstances where the County, if a private person, would be liable to the claimant in accordance with Minn. Stat. ch. 466. The County's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466. 7. ASSIGNMENT This Agreement and the rights conferred hereby cannot be assigned or transferred by the County. 8. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the County's authorized representative and the Owner. 9. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 10. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. 11. ENTIRE AGREEMENT This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon. 3�� IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: A sistant akola C unty Attorney /Dat KS- 12- 318(EF) S(.O(,O COUNTY OF DAKOTA a Lynn Thompson, Director Physical Development Division Date of Signature EAGAN ECONOMIC DEVELOPMENT AUTHORITY Mike Maguire, President Date of Signature Attest Executive Director Date of Signature. EXHIBIT A EXAMPLES OF POSSIBLE SERVICES Phase I Environmental Site Assessment To provide access to personnel from Dakota County and /or personnel from Stantec Consulting Services, Inc. (Stantec) (the environmental consulting firm hired by the County) to conduct an inspection of the property in accordance with the Phase I environmental site assessment (ESA) inspection criteria outlined in American Society for Testing and Materials (ASTM) Standard No. E- 1527 -05. It is anticipated that the property inspection will require 2 to 3 hours of time to complete. Access is required to both indoor and outdoor areas of the property. Photographs of site features will be taken as part of the inspection and included in the Phase I ESA report. To provide a person meeting the definition of either an owner or operator of the facility, and having knowledge of current and /or past operations at the facility, and to make that person available for an interview to be conducted by County and /or Stantec personnel as part of the Phase I ESA. The interview is a required standard component of Phase I ESAs and will include general questions regarding past and /or current operations, with an emphasis of practices related to storage and /or use of hazardous materials and /or petroleum products. To review a draft copy of the Phase I ESA report and to provide comments as appropriate to correct or clarify any portions of the report. As the Phase I ESA is being paid for using a Federal Grant, copies of the report may be provided to the U.S. EPA and /or the Minnesota Pollution Control Agency (MPCA) as part of required submittals by the County, and become public records. One complete electronic copy on CD of the final report will be provided to you for your use upon completion of the final Phase I ESA Report. The Phase I ESA report will be prepared for use by Dakota County. The Owner may also rely on the report to the extent defined in the Phase I ESA report. Letters of reliance for other parties will not be provided unless specifically agreed to in writing by the County and Stantec prior to completion of the Phase I ESA report Phase II Environmental Site Assessment and /or Environmental Site Investigations To provide access to personnel from Dakota County and /or personnel from Stantec (the environmental consulting firm hired by the County) to conduct environmental assessment sampling activities on the property in accordance with the Phase II environmental site assessment (ESA) criteria outlined in American Society for Testing and Materials (ASTM) Standard No. E- 1903 -97, and /or environmental site investigation activities needed to further define the nature and extent of contamination documented during the Phase II ESA or during investigations conducted previously by others at the property. The specificscope of work for the Phase II ESA or environmental site investigation will be detailed in a Site - Specific Sampling and Analysis Plan ( SSSAP) to be prepared by Stantec, and submitted to and approved by the U.S. EPA to prior to commencement of on -site sampling activities. An electronic copy of the SSSAP will be provided to Owner concurrently with submittal to U.S. EPA, and generally 5 to 10 work days before the scheduled start of on -site sampling activities. It is anticipated that the assessment activities will require 2 to 3 days of time to complete. Access is required to both indoor and outdoor areas of the property. Photographs of site features will be taken as part of the inspection and included in the Phase II ESA report. Possible assessment activities: Soil borings — Soil borings will in most instances be performed using a hydraulic probe sampling system or a hollow stem auger drill rig, and will be used to collect soil samples from the ground surface to atypical depth of 10 or 20 feet below ground surface. In paved areas, soil borings will typically result in the creation of a 4 -inch to 12 -inch diameter opening in the concrete or asphalt pavement in order to provide access to the underlying soil. Soil removed from the borings will need to be managed until a determination is made as to whether the soil is contaminated. Borings not completed as monitoring wells will be properly abandoned. Monitoring wells - "Permanent" or "temporary" groundwater monitoring wells consisting of 1- or 2 -inch ID, Schedule 40 polyvinyl chloride (PVC) casing and screen may be installed in select soil borings. "Permanent" monitoring wells will be completed with a lockable, flush -mount protective cover, and will be installed where: (a) unstable soil or other geologic conditions preclude installation of temporary wells, (b) wells constructed in accordance with Minnesota Pollution Control Agency standards are needed to confirm whether previously documented contaminants in groundwater exceed regulatory standards, or (c) it is anticipated that multiple rounds of groundwater sampling will be required to achieve assessment or investigation objectives. Temporary wells will be used in situations where the primary purpose at a sampling location is: (a) to confirm the presence /absence and /or general levels of contaminants in groundwater, (b) to document the depth to groundwater at locations where groundwater samples will not be collected, or (c) to provide the ability to collect groundwater samples at a later date at locations where only soil samples will be collected and analyzed as part of initial sampling activities.. Upon completion of investigation activities the monitoring wells will be properly abandoned. Groundwater sampling - Groundwater samples will be obtained from the permanent or temporary groundwater monitoring wells. Groundwater removed from the wells will need to be managed until a determination is made as to whether the groundwater is contaminated. Soil vapor sampling - Soil vapor monitoring may be performed at locations based on the results of the soil and groundwater samples. Permanent or temporary vapor probes may be installed to a typical depth of 10 or 20 feet below ground surface. Test Pits — Test pits may be excavated using a backhoe at locations where: (a) buried objects of potential environmental significance such as underground storage tanks are known or suspected :�(-0'8 to be present, or (b) historic fill materials are known or suspected to be present which can be more effectively evaluated through observation of a broader exposure of material than is possible through sampling conducted via soil borings. Test pits will be conducted only in unpaved areas unless specifically proposed in other locations in the SSSAP and specifically permitted by the Owner. In general, test pits will be 2 to 4-feet in width, 10 to 15 feet in length, and 4 to 12 feet deep. Materials excavated from the test pits will be returned to the test pit on the date of excavation. The surface will not be restored beyond returning the excavated materials to the test pit, roughly smoothing the surface with the backhoe, and compacting the materials by driving over the returned soil with the tires of the backhoe. Due to expansion of soil that occurs upon excavation, mounding of the ground surface may be present following restoration. Investigative wastes (i.e., soil and water) will be properly stored on the Property at a location to be identified by the Owner until such time as laboratory and other analyses are completed by which to determine disposal requirements, if any. The Owner is responsible for storage, management, and the proper disposal of that waste (if necessary). Funding may be available from the grant to pay for the proper disposal. One complete electronic copy on CD of the final report will be provided to you for your use upon completion of the final Phase II ESA Report. As the Phase II ESA is being paid for using a Federal Grant, copies of the report may be provided to the U.S. EPA and /or the Minnesota Pollution Control Agency (MPCA) as part of required submittals by the County, and become public records. The Owner should review the results contained in the final report and evaluate their reporting obligations to the U.S. EPA and /or MPCA resulting from the potential documentation of the presence of contaminants in soil, groundwater, soil vapor, or building materials at concentrations that exceed regulatory thresholds or standards. Asbestos and Building Materials Inspection The asbestos inspection will be completed by a Minnesota licensed asbestos inspector. The inspection will identify homogenous sampling areas of suspected asbestos containing materials (ACMs) in the structure. Collect and submit samples for analysis using polarized light microscopy by a NVLAP- certified lab. The asbestos inspection standard is a destructive inspection technique to determine the presence of suspected ACMs hidden within wall chases and under flooring. The samples obtained are small in size, but do require holes to be put into walls and ceilings. Repairs will not be made unless agreed to prior to the inspection. The building materials inspection will be performed for those building materials listed in MN Rule 7035.0805. One complete electronic copy on CD of the final report will be provided to you for your use upon completion of the inspection. Although efforts will be made to identify ACM, due to the nature of buildings, restricted access, etc. it is not always possible to fully identify or access all hazardous building materials in advance of demolition; therefore, the owner should secure the services of a qualified asbestos inspector to be on -site if the structure(s) are to be demolished or renovated. Agenda Information Memo December 18, 2012 Eagan EDA Meeting Old Business 1. APPROVE SETTLEMENT AGREEMENT FOR THE ACQUISITION OF THE FORMER LARSON AUTOMOTIVE PROPERTY ACTION TO BE CONSIDERED: To approve a Settlement Agreement for the Acquisition of the former Larson Automotive property at 3955 Cedarview Drive. FACTS: ➢ The EDA previously acquired title and possession of the property at 3955 Cedarview Drive to assemble it with other property for redevelopment purposes. Relocation benefits have been paid, the building on the site was removed and grading has begun in the area in preparation for the relocation of Cedar Grove Boulevard and the related utilities. The remaining matter has been the determination of the final purchase price for the property. A Commissioners' hearing was held on October 22 -23, 2012 to consider appraisals and evidence in that regard. The Commissioners issued their determination of value on November 14, 2012. The parties have until December 23, 2012 to consider whether to appeal that determination. ➢ The EDA's appraisal indicated a value of $637,000.00 and Mr. Larson's appraiser had a value of $962,290.00. The Commissioners determined the value of the property to be $727,000. Mr. Larson's attorney has proposed to settle at the Commissioners' value in exchange for the EDA not pursuing an action to recover environmental remediation costs it incurs for the clean up of the site. If the settlement is accepted by the EDA, staff would work with its environmental consultant, Dakota County, DEED and the MPCA to secure grant funding for that purpose. ➢ If the EDA Board has questions concerning the proposed settlement, it would be appropriate to recess to executive session to discuss the matter. If the Board finds the proposal to be acceptable, it is in order for action at this time. ATTACHMENTS: (1) ➢ Draft Settlement Agreement available upon request. ?Yl � Agenda Information Memo Eagan Economic Development Authority Meeting December 18, 2012 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. ?r] a