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02/19/2013 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 19, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 11. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) �L_A. APPROVE MINUTES aB. PERSONNEL ITEMS ,Za C. APPROVE Check Registers _D27D. APPROVE agreement allowing the Salvation Army to house a truck at the Fire Safety Center E. ADOPT Resolution accepting $15,163.94 donation from the Eagan Citizen's Crime Prevention Association and authorize a corresponding budget adjustment o� F. APPROVE a Joint Powers Agreement with Dakota County to operate a waste pharmaceutical program �J G. APPROVE Plans & Specifications for Contract 13 -01 (Cedar Grove Boulevard -Phase II - Street & Utility Improvements) and Authorize Advertisement for Bids March 26, 2013 �(Q H. AUTHORIZE Submittal of Application to Minnesota Pollution Control Agency (MPCA) for a Clean Water Partnership Grant, Blackhawk Lake Protection Project 3� I. RECEIVE Petition to Vacate Public Easements, Cedar Grove Redevelopment Area, and Schedule Public Hearing for March 19, 2013 9 J. RECEIVE Petition to Vacate Public Drainage & Utility Easement, Lot 9, Block 1 Letendre Addition No. 3 and Schedule Public Hearing for March 19, 2013 K. APPROVE Final Payment, Contract 11 -05, Ultra High Zone Water Main Improvements L. ACCEPT Grant from MN Department of Health - Private Well - Sealing Improvements ELM. DIRECT Preparation of an Ordinance Amendment relative to Private Hydrant Maintenance 5 N. RECEIVE Petition to Vacate Public Drainage & Utility Easements, Lots 5 -8, Block 5 Eagandale Center Industrial Park and Schedule Public Hearing for March 19, 2013 O. APPROVE extension of Preliminary Subdivision for Cedar Valley Addition 5� P. AUTHORIZE Final Payment of Contracts 11 -14 and 12 -08 Conduit/Fiber projects to MP Nexlevel, LLC and close out contracts Q. APPROVE a Countywide Mutual Aid Agreement for Non - Police and Fire services -9-3R. ACCEPT the resignation of Ray Hobot from the Advisory Parks Commission. !�_S_S. ADOPT a Resolution to accept a donation for a park bench to be located in Cedar Pond Park 'BI T. APPROVE Plans & Specifications, City Contract 13 -10, 2013 Citywide Sanitary Sewer Lining U. APPROVE Exempt Permit for the Eagan Resource Center to hold a raffle on March 21, 2013 V. APPROVE Exempt Permit for St. John the Baptist Catholic School to hold a raffle on April 27, 2013 at Royal Cliff, 2280 Cliff Road W. Approve Special Construction Proposal for Contract 13 -01, Cedar Grove Boulevard Street & Utility Improvements V. PUBLIC HEARINGS Ci4 A. Project 1116 (Duckwood Crossings/ Crestridge Drive) Street Improvements =B. Project 1059 (Eagan Woods Office Park) Street Improvements VY5 C. Project 1109 (Ridgehaven Acres/ Rustic Hills/ Skyline) Street Improvements G59 D. Project 1106 ( Blackhawk Glen/ Blackhawk Ridge) Street Improvements Mk E. Project 1099 (Ted Wachter Addition (Civic Center Drive)) Street Improvements VI. OLD BUSINESS VII. NEW BUSINESS ftq—A. Receive public feedback on Comcast rate charges and consider directing staff to prepare letter to authorities expressing concerns VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Resolution Requesting that the City Council Schedule a Public Hearing to Consider Modification of Tax Increment District No. 1 Regarding the Construction of the Cedar Grove Parking Ramp F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development Xl. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT a 4b� City of EaRan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 15, 2013 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 19, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 19, 2013 City Council agenda, the following items are in order for consideration. 0 Agenda Information Memo February 19, 2013 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: • To approve the minutes of the January 29, 2013 Special City Council meeting, and February 5, 2013 Regular City Council meetings as presented or modified. • To approve the amended minutes of January 2, 2013 Regular City Council meeting as presented. The conditions of the actions for the Planned Development Amendment — Inland TRS Property Management, Inc did not reflect what Council approved. ATTACHMENTS: • Minutes of January 29, 2013 Special City Council meeting are enclosed on page 5' • Minutes of February 5, 2013 Regular City Council meeting are enclosed on pages through �O • Minutes of January 2, 2013 Regular City Council meeting are enclosed on pages � \ through � � . `1 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 29, 2013 5:30 P.M. MOONSHINE PARK RETREAT CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant City Administrator Miller, Fire Chief Scott and Police Chief McDonald. I. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye:S Nay:O II. VISITORS TO BE HEARD There were no visitors to be heard. III. UPDATE ON TRANSITION PLANS FOR THE NEXT 60 DAYS Fire Chief Scott and Police Chief McDonald provided an update on future plans for the Police and Fire Departments. The Mayor and Council then discussed the transition plans for the next 60 days, as the City anticipates the retirement of Tom Hedges and the start of the new City Administrator Dave Osberg. There was no other business to be heard. IV. OTHER BUSINESS VI. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 9:00 p.m. Aye:5 Nay:O Date Mayor Clerk 5 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 5, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Several girls from Girl Scout Troop 52693 introduced themselves to the Council. At 6:20 p.m., the City Council held a closed session to review and discuss labor negotiations. The closed session concluded at 6:28 p.m. A regular meeting of the Eagan City Council was held on Tuesday, February 5, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, 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, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA City Administrator Hedges noted one change to the Consent Agenda, under Item B. Personnel Items, number 1. Approve the hiring of David Osberg as City Administrator and approve the employment agreement between Mr. Osberg and the City of Eagan, will be moved to Item A. under Recognitions and Presentation, moving the recognition of City Administrator Hedges to Item B. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as modified. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION APPROVE THE HIRING OF DAVID OSBERG AS CITY ADMINISTRATOR AND APPROVE THE EMPLOYMENT AGREEMENT BETWEEN MR. OSBERG AND THE CITY OF EAGAN City Administrator Hedges introduced the item noting the action to be considered is to approve the hiring of David Osberg as the next City Administrator for the City of Eagan. Hedges noted tonight is the ratification of the contract with official duties starting on Monday, March 25, 2013. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the hiring of David Osberg as City Administrator and approve the employment agreement between Mr. Osberg and the City of Eagan. Aye: 5 Nay: 0 Mayor Maguire, on behalf of the Council, initiated the ceremonial signing of the contract by Dave Osberg. Mr. Osberg thanked the City Council. 101 City Council Meeting Minutes February 5, 2013 2 page RECOGNIZE CITY ADMINISTRATOR TOM HEDGES' 36 YEARS OF SERVICE TO THE CITY OF EAGAN The City Council recognized City Administrator Tom Hedges for his 36 years of service to the City of Eagan and 41 years in the profession of local government management. Mayor Maguire noted Tom will be recognized at a community celebration on Thursday, February 7, from 4:30 -8:30 p.m. at the Eagan Community Center. Each Councilmember expressed heartfelt gratitude for Hedges' 36 years of loyal service to Eagan. City Administrator Hedges thanked the City for the opportunity to serve. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as modified. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of January 2, 8, 15, 17, and 18, 2013. B. Personnel items 1. Approve the City of Eagan 2013 Pay Equity Report. 2. Approve on -call custodial stipend for the two Lead Custodians at the Eagan Community Center and the Eagan Municipal Campus. 3. Approve the hiring of Seasonal Employees in Parks & Recreation. C. It is recommended to approve Check Registers dated January 17 and 24, 2013. D. It was recommended to approve Change Order No. 6, Contract 09 -18 Duckwood Overpass E. It was recommended to approve Final Payment, Contract 09 -18 Duckwood Overpass. F. It was recommended to present a Feasibility Report for Project 1096, Willbrook Addition - Street Improvements and Schedule Public Hearing (March 5, 2013) G. It was recommended to present a Feasibility Report,for Project 1101, Hidden Valley Addition (Michelle Drive) - Street Improvements and Schedule Public Hearing (March 5, 2013) H. It was recommended to present a Feasibility Report for Project 1105, Oaks of Bridgewater 1" Addition - Street Improvements and Schedule Public Hearing (March 5, 2013). I. It was recommended to present a Feasibility Report for Project 1111, Great Oaks Addition - Street Improvements and Schedule Public Hearing (March 5, 2013). J. It was recommended to present a Feasibility Report for Project 1115, Wescott Gardens/ Woodlands North 2nd Addition - Street Improvements and Schedule Public Hearing (March 5, 2013). K. It was recommended to approve Plans & Specifications, Contract 13 -03, Citywide Street Improvements and Authorize Advertisement for Bids March 14, 2013. L. It was recommended to receive a Petition to Vacate Public Easements located on Lots 1, 2 and 3, Block 1; Lots 1 and 2, Block 3; and Outlot D, all in Stonehaven 4t" Addition, and Schedule Public Hearing for March 5, 2013. M. It was recommended to approve Final Payment, Contract 12 -12, Cedar Grove Redevelopment Area Phase II —Grading Improvements. N. It was recommended to request Advance from Municipal State Aid Road Program. 0. It was recommended to approve a Community Roadside Landscaping Partnership Agreement with MnDOT. P. It was recommended to approve an Inflow /Infiltration Grant Program with Metropolitan Council. 11 City Council Meeting Minutes February 5, 2013 3 page Q. It was recommended to approve Contract 13 -08, High Pressure Zone In -House Booster Pump Removal. R. It was recommended to approve Contract 13 -09, Utilities Building Administration Improvements. S. It was recommended to approve a Temporary Liquor License and the waive license fee for Trinity School at River Ridge's Spring Benefit Dinner on April 13, 2013. T. It was recommended to set a Public Hearing date for March 5, 2013 to certify delinquent false alarm bills. U. It was recommended to set a Public Hearing date for March 5, 2013 to certify delinquent mowing and noxious weed bills. V. It was recommended to set a Public Hearing date for March 5, 2013 to certify delinquent utility bills. W. It was recommended to direct preparation of an ordinance amendment to City Code Chapters 2, 5 and 6 relative to criminal background investigations for perspective employees and business licensing. X. It was recommended to accept the resignation of Matthew Steele from the Advisory Parks Commission. Y. It was recommended to accept the resignation of Andy Jansma from the Advisory Planning Commission. Z. It was recommended to adopt a Resolution to accept a $7,500 donation from Think Mutual Bank for the 2013 Market Fest Entertainment Series. AA. It was recommended to approve the designation of portions of park property as State of Minnesota General Obligation Bond Financed Property as defined in a Grant Agreement for Tree Removal and Replanting or Planting for Diversity. BB. It was recommended to approve a Resolution to accept an anonymous contribution for a planning process in collaboration with community arts stakeholders. CC. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 13, Section 13.20, relative to Water Quality Management. DD. It was recommended to approve a Temporary Liquor License and waive the license fee for the Eagan Foundation's 12th Annual Wine Tasting and Silent Auction event on April 18, 2013 at the Eagan Community Center. EE. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 10.40 relative to standards for fires or barbeques on balconies or patios Mayor Maguire called out Item BB., noting an anonymous donation of $10,000 was received. Director of Parks and Recreation Johnson explained that the donation will be used to look at what role arts can play in the community identity and community engagement. OLD BUSINESS AN ORDINANCE AMENDMENT TO CHAPTER 7.07 RELATIVE TO SPECIAL EVENT PERMITS City Administrator Hedges introduced the item noting in early 2012, the City Council implemented a special event permitting process. The special event permit applications are reviewed and approved by the Special Event Permit Committee. The Committee, having completed its first year with the new ordinance in place, is recommending the proposed ordinance amendment changes to the special events regulations. 04,611, City Council Meeting Minutes February 5, 2013 4 page Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 7.07 relative to special event permits and direct the City Attorney to publish the ordinance amendment summary. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Hansen seconded to approve a Resolution modifying special event permit fees. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT — LEXINGTON PET CLINIC City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on January 22, 2013 and is recommending approval. City Planner Ridley gave a staff report. The applicant, Jon Einess, was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned the discussion back to the Council. The City Council discussed the services offered by Lexington Pet Clinic with Drs. Kizer and Ferguson. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a pet clinic use for a portion of the building located at 1095 Diffley Road, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Floor Plan • Site Plan 2. The pet clinic use shall only occupy the area designated on the floor plan dated December 13, 2012. 3. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 4. All other terms of the Planned Development Agreement dated November 6, 1995, shall remain. 5. No boarding of animals shall occur on the premises. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE APPROVE COMMENTS ON THE DRAFT RECORD OF DECISION (ROD) /FINDINGS OF NO SIGNIFICANT IMPACT (FONSI) AND FINAL ENVIRONMENTAL ASSESSMENT (EA) FOR THE MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT 2020 CAPITAL IMPROVEMENT PLAN Assistant City Administrator Miller introduced the item noting the City learned of the revisions made to the 2020 CIP, and the FAA's latest position at the January 16 meeting of the Noise Oversight Committee (NOC). Given the impacts of the changes, Miller noted it seemed appropriate W City Council Meeting Minutes February 5, 2013 5 page to comment specifically on the revisions made to the document. Miller summarized the four main points of the letter. Mayor Maguire asked if anyone in the audience would like to comment on the item. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve comments on the Draft Record of Decision (ROD) /Findings of No Significant Impact (FONSI) and Final Environmental Assessment (EA) for the Minneapolis -St. Paul International Airport 2020 Capital Improvement Plan. Aye: 5 Nay:0 ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Hansen noted the first Highway 77 Policy Advisory Committee meeting will be held on Wednesday, February 6, 2013 from 3 -5:00 p.m. at the Dakota County Northern Service Center. Hansen also noted that he had been re- elected as (MVTA) Metro Valley Transit Association Chair. CITY ADMINISTRATOR City Administrator Hedges thanked the Council for the heartfelt comments. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT City Administrator Hedges made the ceremonial motion for adjournment. Councilmember Bakken moved, Mayor Maguire seconded a motion to adjourn the meeting at 8:12 p.m. Aye:S Nay:O Date Mayor Clerk �0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 2, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Teresa Eisele and several neighbors addressed the Council regarding a petition to approve plowing of the sidewalk on the south side of Diffley Road between Daniel Drive and Trenton Road, including the intersection of Braddock Trail. The Council discussed the request noting the concerns of the neighborhood. Mayor Maguire noted all petitions for snow plowing are reviewed and considered in April and presented at the workshop meeting in May for a decision. It was the consensus of the Council that this petition should be reviewed at the May Council workshop. A regular meeting of the Eagan City Council was held on Wednesday, January 2, 2013 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, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATION The Oath of Office was administered to Councilmember Cyndee Fields and Meg Tilley who were re- elected to four year terms. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of December 11, 2012. B. Personnel items 1. It was recommended to approve the hiring of Patrol Officers Bryan Johnson and Daniel Spiess. 2. It was recommended to accept the resignation of Calvin Tschida, Patrol Officer, effective January 4, 2013, and authorize his replacement. 3. It was recommended to approve a one -time 2012 stipend for the full time Lead Custodian /Maintenance Worker at City Hall. 4. It was recommended to approve the reclassification of the IT Network Administrator. 5. It was recommended to approve the hiring of seasonal employees in Parks & Recreation and Utilities. C. It was recommended to approve Check Registers dated December 14 & 21, 2012. City Council Meeting Minutes January 2, 2013 2 page D. It was recommended to approve change of manager for Granite City's On -Sale Liquor License and Off -Sale Brewpub License. E. It was recommended to direct preparation of an ordinance amendment to Chapter 7 relative to Special Event Permits. F. It was recommended to approve an agreement with Suburban Officials Association to provide officiating services for Eagan Parks and Recreation adult basketball leagues. G. It was recommended to approve an agreement with Metro Volleyball Officials Association to provide officiating services for Eagan Parks & Recreation adult volleyball leagues. H. It was recommended to approve an agreement with Diamond Officials of Eagan Umpires Association to provide officiating services for Eagan Parks & Recreation adult softball leagues. I. It was recommended to authorize application of grant from the Minnesota Department of Agriculture for a Value Added Grant to provide enhancements to the Central Park Festival Grounds as part of Market Fest. J. It was recommended to authorize application of a grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event. K. Item removed L. Item removed M. Item removed N. It was recommended to approve the Final Payment for Contract 12 -11, 2012 Citywide Trail Improvements. 0. It was recommended to approve an Agreement to Use Residential Electrical Service (for Lake Aeration). P. It was recommended to approve the 2013 -2017 Equipment & Vehicles Capital Improvement Plan and the 2013 budget. Q. It was recommended to approve the 2013 -2017 General Facilities Renewal & Replacement Capital Improvement Plan and 2013 budget. R. It was recommended to approve On -Sale Liquor License for iBizPro, LLC, DBA as Persis Indian Grill, 1282A Town Centre Drive. PUBLIC HEARINGS PROJECT 1112, WENZEL FIRST ADDITION / DEERWOOD PONDS STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1112 provided for street improvements on Wenzel First Addition /Deerwood Ponds. Public Works Director Matthys introduced Assistant City Engineer Nelson, who gave a staff report 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 Bakken seconded a motion to approve Project 1112 (Wenzel First Addition /Deerwood Ponds — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 t)_ City Council Meeting Minutes January 2, 2013 3 page PROJECT 1098, WEXFORD /WEXFORD 2ND STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1098 provided for street improvements on Wexford /Wexford 2 "d. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve Project 1098 (Wexford /Wexford 2nd —Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1104, OAK RIDGE FAMILY HOUSING (CLEMSON DRIVE) STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1104 provided for street improvements at Oak Ridge Family Housing (Clemson Drive). Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 1104 (Oak Ridge Family Housing /Clemson Drive— Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1107, PARK CENTER DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1107 provided for street improvements on Park Center Drive. Assistant City Engineer Nelson gave a staff report on the project and noted a petition for restricted parking was received from residents in the immediate area. Council discussed the request for restricted parking. The Council directed staff to review parking restrictions and provide more information /clarification at a future meeting. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1107 (Park Center Drive — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Z City Council Meeting Minutes January 2, 2013 4 page PROJECT 1113, NORVIN OAKS STREET IMPROVEMENTS City Administrator Hedges introduced the item noting Project 1113 provides for the street improvements on Norvin Oaks. Assistant City Engineer Nelson gave a staff report on the project Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1113, (Novin Oaks - Street Improvements) as presented and authorized the preparation of detailed plans and specifications. Aye:5 Nay:0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT — INLAND TRS PROPERTY MANAGEMENT, INC. (LOTS 4 & 5, DIFFLEY MARKETPLACE 2ND ADDITION) City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. Rick Plessner with Inland TRS Property gave an overview of the request and was available for questions. The Council discussed the item. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. After further discussion, it was the consensus of the Council to add conditions to the Preliminary Planned Development and the Final Planned Development relative to: • Allowing on -sale liquor, subject to the City approving a liquor license, for the future restaurant on Lot 4 irrespective of whether a daycare center locates on Lot 5. • The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve an Amendment to the Preliminary Planned Development to allow a full- service restaurant with outdoor dining upon Lot 4, Block 1, and a multi- tenant retail building upon Lot 5, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions as amended: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed for each lot. The following plans are necessary for the Final Planned Development Agreement: 1. Final Site Plan 2. Final Building Elevations �`4 City Council Meeting Minutes January 2, 2013 5 page 3. Final Site Lighting Plan 4. Final Landscaping Plan 5. Final Signage Plan 2. Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 3. Uses permitted within the NB zoning district shall be permitted within the retail building upon Lot 5. Any daycare use shall be subject to Planned Development Amendment. 4. Development of Lots 4 and 5 shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings shall be set back a minimum of 50 feet from the south property line, and parking may be set back 15 feet from Diffley Road. 5. The trash enclosures shall meet the 30 -foot setback from the south property line. 6. Consideration should be given to possible relocation of the patio at the time of Final Planned Development. 7. Outdoor patio dining shall not exceed 24 total seats and shall be subject to building permit, SAC determination and Site Plan approval by City staff. 8. The developer shall provide evidence of existing cross - easements for ingress /egress and parking in a form acceptable to the City Attorney. 9. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 10. The development should utilize fixtures to match the existing site lighting. The Final Site Lighting Plan for Lots 4 and 5 should be revised to provide better consistency in illumination with an average to minimum footcandle ratio within the parking lots of closer to 4. 11. One monument sign shall be permitted for each building, in accordance with City Code requirements. 12. The Landscape Plan shall be revised for the PD Agreement to include the detail planting specifications, and to fully screen the transformer units. 13. A financial guaranty for landscaping shall be provided in accordance with City Code requirements. 14. Rooftop mechanical equipment shall be screened in accordance with City Code standards. 15. The architecture and exterior finish materials for this building should match the other two buildings. 16. Awnings on the retail buildings on Lot 5 shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 17. Hours of operation for commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 18. Construction operations shall cease at 9:00 pm. 19. Parks and trails dedications shall be fulfilled through cash dedication, payable at the time of building permit issuance at the rates then in effect. 20. An overall green space calculation shall be provided for the entire Diffley Marketplace development. 21. Subject to the approval by the City of the granting of a liquor license, the City agrees to permit a restaurant on Lot 4 with on -sale liquor whether a daycare center locates on Lot 5 prior to or after issuance of a liquor license for Lot 4. 22. The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Planned Development for a multi- tenant retail building upon Lot 5, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions as amended: Aye: 5 Nay: 0 o�� City Council Meeting Minutes January 2, 2013 6 page A Final Planned Development Agreement shall be executed for each lot. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2. Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 3. Uses permitted within the NB zoning district shall be permitted within the retail building upon tot 5. 4. Development of Lots 4 and 5 shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings shall be set back a minimum of 50 feet from the south property line, and parking may be set back 15 feet from Diff ley Road. 5. The trash enclosures shall meet the 30 -foot setback from the south property line. 6. Consideration should be given to possible relocation of the patio at the time of Final Planned Development. 7. Outdoor patio dining shall not exceed 24 total seats and shall be subject to building permit, SAC determination and Site Plan approval by City staff. 8. The developer shall provide evidence of existing cross - easements for ingress /egress and parking in a form acceptable to the City Attorney. 9. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. 10. The development should utilize fixtures to match the existing site lighting. The Final Site Lighting Plan for Lots 4 and 5 should be revised to provide better consistency in illumination with an average to minimum footcandle ratio within the parking lots of closer to 4. 11. One monument sign shall be permitted for each building, in accordance with City Code requirements. 12. The Landscape Plan shall be revised for the PD Agreement to include the detail planting specifications, and to fully screen the transformer units. 13. A financial guaranty for landscaping shall be provided in accordance with City Code requirements. 14. Rooftop mechanical equipment shall be screened in accordance with City Code standards. 15. The architecture and exterior finish materials for this building should match the other two buildings. 16. Awnings on the retail buildings on Lot 5 shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 17. Hours of operation for commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 18. Construction operations shall cease at 9:00 pm. 19. Parks and trails dedications shall be fulfilled through cash dedication, payable at the time of building permit issuance at the rates then in effect. 20. Subject to the approval by the City of the granting of a liquor license, the City agrees to permit a restaurant on Lot 4 with on -sale liquor whether a daycare center locates on Lot 5 prior to or after issuance of a liquor license for Lot 4. ��0 City Council Meeting Minutes January 2, 2013 7 page 21. The applicant shall prepare and implement a plan for screening of headlights for benefit of 977 Trillium Court, to the satisfaction of City staff. The implementation of said plan shall be completed before June 1, 2013. PLANNED DEVELOPMENT AMENDMENT — PREFERRED EAGAN, LLC City Administrator Hedges introduced the item noting the application for a Planned Development Amendment for Walgreens located at 2010 Cliff Road was before the Advisory Planning Commission on December 20, 2012 and they are recommending approval. City Planner Ridley gave a staff report and additional history on the project. Julie Perrus, attorney on behalf of Preferred Eagan, gave a brief overview of the request and was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to expand the allowable uses for a 12,544 square foot commercial retail building (Walgreen's) located at 2010 Cliff Road, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. 2. This Amendment to the Planned Development provides for additional uses and future re -use of the property as follows: • Permitted uses shall include uses listed as permitted uses within the NB or CSC zoning district, subject to compliance with typical City Code standards for parking, signage, licensing, etc. • A Planned Development Amendment shall be required for the following: a. Any uses listed as conditional uses in the NB or CSC zoning district (such as any drive - through facility; daycare; on -sale liquor; carwashes, motor fuel sales, convenience stores, motor vehicle repair, animal clinics, nursing /retirements homes, coffee kiosks, etc. ). b. Reuse of the drive -thru window for anything other than a pharmacy. c. Any site modifications or physical changes to the site or building. 3. This Amendment is intended to supplement and amend any existing Planned Development Agreements. All other provisions of the existing Agreements shall remain in effect. PLANNED DEVELOPMENT AMENDMENT —GOOD TIMES PARK, INC. City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. Bonnie O'Meara, applicant and owner was available for questions. �V] City Council Meeting Minutes January 2, 2013 8 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow an indoor commercial recreation use for a portion of the building located at 3265 Northwood Circle, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Parking Plan • Floor Plan 2. The recreation use shall only occupy the area designated on the Site Plan received December 6, 2012, which equates to approximately 53% of the entire building. 3. A Sign Permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 4. All other terms of the Planned Development Agreement dated June 5, 2012 and recorded on July 17, 2012 as document number 2880904 shall remain. 5. The cul -de -sac shall be posted no parking. 6. Additional landscaping shall be installed along the north side of the storage area to provide additional screening from the adjacent property per the conditions of the April 3, 2012 Rezoning and Final Planned Development approval. 7. The widening of the concrete entrance apron of Northwood Circle and the service driveway curb, and associated catch basin structure relocations, shall be completed in accordance with City engineering standards prior to any increase in outdoor storage. 8. A City permit to work in the right -of -way shall be obtained for the proposed work in Northwood Circle prior to any increase in outdoor storage. A City grading permit is required if the parking lot and service drive modifications exceed 10,000 square feet in construction disturbance. CONDITIONAL USE PERMIT — KWIK TRIP City Administrator Hedges introduced the item noting the Advisory Planning Commission held a Public Hearing on December 20, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history on the project. Brian Novy representing Kwik Trip gave an overview of the request and was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of tanks for Compressed Natural Gas (CNG) and Diesel Exhaust Fluid (DEF) for property at 3145 Dodd Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. City Council Meeting Minutes January 2, 2013 9 page 2. The applicant shall revise the Site Plan to add two additional gates on each end of the fenced area to allow Fire access from all angles. 3. The two tanks for compressed natural gas and diesel exhaust fluid shall be of the size and located as shown on the Site Plan received December 6, 2012 (as revised). 4. The landscaping shall be installed by June 1, 2013 per the Site Plan (as revised). 5. The fence surrounding the tanks shall terminate at grade with no opening between the bottom of the fence and the ground /gravel. 6. All signage shall meet City Code requirements. 7. The applicant shall obtain a Building Permit for the proposed improvements. ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys requested clarification regarding the Council direction to have staff review streets within the City that are adjacent to mixed land uses such as commercial / industrial, and residential and determine the types of scenarios and the options for restricting parking. Mayor Maguire suggested that staff look at the classification of roads in areas with commercial versus residential uses and determine whether or not those classifications are appropriate (i.e. parking would be based on the more restrictive land use). There were no visitors to be heard. VISITORS TO BE HEARD , ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:15 p.m. Aye:5 Nay:0 Date Mayor Clerk Agenda Information Memo February 19, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Appoint Dianne Miller, Assistant City Administrator to Acting City Administrator effective March 4, 2013 through March 24, 2013. FACTS: • The current City Administrator, Tom Hedges, is phasing into retirement and the newly appointed City Administrator begins employment March 25, 2013. In order to maintain leadership continuity during the transition period an Acting City Administrator is being appointed, per City Council direction. Item 2. ACTION TO BE CONSIDERED: To ratify the labor agreements reached between the City of Eagan and • Eagan Police Sergeant Association, Local 185 of Law Enforcement Labor Services, Inc. • Teamsters Local 320, Maintenance Unit • Teamsters Local 320, Clerical Unit FACTS: • The agreements are in the same form as the tentative agreement recently reviewed by the City Council. • The agreements are consistent with one another and are consistent with the settlement reached in 2011 with the Police Officers Association, Local 170 of the Law Enforcement Labor Services for 2013. (the Police Officers Association is not settled for 2014). • The voting members of each labor union voted in favor to approve the agreements. • The full contracts are available in the City Administrator's Office to be signed by the Mayor, City Administrator and City Clerk. ao Item 3. ACTION TO BE CONSIDERED: Approve the hiring of the Community Development Clerical Technician IV "to be named ". FACTS: • The City Council previously approved to fill this position on December 18, 2012. Item 4. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Downey, Joshua Civic Arena Building Attendant I Agenda Information Memo February 19, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 31 and February 7, 2013 as presented. ATTACHMENTS: • Check registers dated January 31, 2013 are enclosed without page number. • Check registers dated February 7, 2013 are enclosed without page number. C) a Agenda Information Memo February 19, 2013 Eagan City Council Meeting D. APPROVE agreement allowing the Salvation Army to house a truck at the Fire Safety Center. ACTION TO BE CONSIDERED: Approve an agreement to allow the Salvation Army to house a truck at the Fire Safety Center. FACTS: ➢ The Salvation Army currently houses three canteen trucks in the metro area to provide disaster and emergency services to the Twin Cities area. ➢ The three trucks are located in fire stations in the north metro, west metro and east metro. ➢ The current response time to the south metro area is approximately 2 hours due to the long distance for a canteen truck to respond. The Salvation Army has asked the Eagan Fire Department to consider housing one of their canteen trucks for disaster /emergency services at the Fire Safety Center. ➢ We currently have the space for this vehicle and feel it would enhance emergency services for our residents and the entire south metro area. The City Attorney's Office has prepared a Memorandum of Understanding to be approved by the Mayor and Council. ➢ Staff is recommending approval of this agreement. ATTACHMENTS: Memorandum of Understanding enclosed on pages cry and Q . a?> MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ( "Agreement ") is made this day of , 2013 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City "); and The Salvation Army, an Illinois nonprofit corporation. (The City and The Salvation Army are hereinafter collectively referred to as the "Parties "). WHEREAS, the City has a Fire Safety Campus located at 1001 Station Trail, Eagan, Minnesota that has numerous vehicle bays; and WHEREAS, The Salvation Army has a vehicle commonly referred to as a "Canteen" that is routinely used for emergency services; and WHEREAS, The Salvation Army has requested, and the City is willing to allow The Salvation Army to have the Canteen occupy a storage bay at the Fire Safety Campus all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. USE OF STORAGE BAY SPACE. The City shall make available at the Fire Safety Campus a storage bay for the storage of the Canteen. City Staff are permitted to move the Canteen when needed to clean the bay area. 2. SERVICES TO BE PROVIDED BY THE SALVATION ARMY. In exchange for occupying bay space, The Salvation Army agrees to allow the Canteen to, be requested by a public safety authority to, provide disaster relief services for the purpose of responding to an emergency incident. 3. INDEMNIFICATION. The Salvation Army shall indemnify and hold the City harmless from any and all claims, including attorneys' fees, arising out of or related to The Salvation Army's use of the Fire Safety Campus. 4. TERM OF AGREEMENT /EXPIRATION. This Agreement may be terminated by either party upon thirty (30) days written notice to the other Party in the manner described in Item 5 below. 5. NOTICES. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: A If to The Salvation Army: The Salvation Army Attn: If to City: City of Eagan Attn: Mike Scott, City Fire Chief 3830 Pilot Knob Road Eagan, MN 55121 6. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 7. RESTRICTION OF ACCESS TO FIRE SAFETY CAMPUS. The City reserves the right to restrict the number of The Salvation Army personnel that may have access to the Fire Safety Campus. City of Eagan, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk The Salvation Army, an Illinois nonprofit corporation By: Its: C Agenda Information Memo February 19, 2013, Eagan City Council Meeting CONSENT AGENDA: E. Adopt a resolution accepting a $15,163.94 donation from the Eagan Citizen's Crime Prevention Association (ECCPA) and authorize a corresponding budget adjustment. ACTION TO BE CONSIDERED: Adopt a resolution accepting a cash donation from the ECCPA which enabled the police department to purchase a Tactical Robot and authorize a corresponding 2012 budget adjustment. FACTS: • A tactical robot was identified as a piece of equipment that would reduce the risk to Eagan Police Officers. • The robot is wirelessly controlled by Eagan Offices and has the capability to stream video to the operator. • The device would be deployed into areas that would be unsafe for police officers. • Adopting the resolution will necessitate the need for a budget adjustment of $15,163.94 to line item # 1104 -6226 in the police department's 2012 budget. • The police department seeks authorization to accept this donation and make the necessary budget adjustment. ATTACHMENTS Resolution on page c� l � i CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Citizen's Crime Prevention Association (ECCPA) WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Citizen's Crime Prevention Association has presented the police department with a donation in the amount of $15,163.94 to purchase a Tactical robot. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City, and an adjustment is made to line item # 1104 -6226 in the police department's 2012 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Citizen's Crime Prevention Association for the gracious and generous donation. ADOPTED this 19th day of February, 2013. Motion by: Seconded by: Those in Favor: Those Against: Date: CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo February 19, 2013, Eagan City Council Meeting F. Approve a Joint Powers Agreement with Dakota County to operate a waste pharmaceutical program. ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement enabling the Eagan Police Department to operate a Waste Pharmaceutical Program in cooperation with Dakota County. FACTS: • Unused prescriptions and /or over - the - counter medications within households have traditionally been disposed of by flushing them into sewer systems which causes pollution in wastewater and can cause adverse effects on the environment. • According to a 2009 National Survey on Drug Use and Health, more Americans abuse prescription drugs than those using cocaine, hallucinogens and heroin combined. Locally, the police department has responded to deaths and overdoses involving the illicit use of prescription medications. • The police department desires to establish a pharmaceutical drug disposal program to facilitate the collection and proper disposal of unused, unwanted or expired pharmaceuticals, including controlled substances. Dakota County desires to provide assistance for the program. • The attached Joint Powers Agreement allows for cooperation and assistance from the County, through its Environmental Management Department and Sheriff s Office. • A secure "drop box" will be placed in the lobby of the police department which will allow citizens to anonymously dispose of their waste pharmaceuticals and other unused medications. Police staff will empty the box, and transport the contents to the Dakota County Drug Task Force office for later disposal. Ultimately all of the unused substances will be moved to a licensed /permitted incinerator within the State of Minnesota. • The agreement was reviewed by the Eagan City Attorney's Office. Attachments: q ii A copy of the agreement is attached as pages r l through tI Eno WAS Dakota County Contract #C0024588 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF EAGAN FOR PHARMACEUTICAL DRUG DISPOSAL PROGRAM WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County ( "County ") and the City of Eagan ( "City ") are political subdivisions of the State of Minnesota; and WHEREAS, the nonmedical use of and disposal of prescription drugs are growing problems in the United States; and WHEREAS, expired or unwanted prescriptions or over - the - counter medications from households have traditionally been disposed of by flushing them down the toilet or drain which can cause pollution in wastewater and which has been demonstrated to cause adverse effects to fish and other aquatic life; and WHEREAS, prescription drugs are highly susceptible to diversion, misuse and abuse; and WHEREAS, according to the 2009 National Survey on Drug Use and Health, more Americans currently abuse prescription drugs than the number of those using cocaine, hallucinogens, and heroin combined; and WHEREAS, studies show that people who abuse prescription drugs often obtain them from family and friends, including from the home medicine cabinet; and WHEREAS, medications are also a significant cause of accidental poisoning and death; and WHEREAS, removing expired or unwanted prescriptions or over - the - counter medications (collectively referred to herein as "pharmaceutical drugs ") from the possibility of potential abuse and keeping them out of the environment is an important goal; and WHEREAS, the City desires to establish a pharmaceutical drug disposal program to facilitate the collection and proper disposal of unused, unwanted, or expired pharmaceutical drugs, including controlled substances ( "Program ") and the County desires to provide assistance for the Program. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for the organization and implementation of the Program. SECTION 2 PARTIES The parties to this Agreement are Dakota County, Minnesota ( "County ") and the City of Eagan, Minnesota ( "City ") M1 SECTION 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2015, unless earlier terminated by law or according to the provisions of this Agreement. SECTION 4 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 OBLIGATIONS OF THE PARTIES 5.1 RESPONSIBILITIES OF THE PARTIES. A. Program Approval and Reporting Requirements. • The City shall obtain any necessary approvals from the Minnesota Pollution Control Agency ( "MPCA ") for conducting the Program, including obtaining a hazardous waste generator number if necessary. • In accordance with federal law, the City shall obtain any necessary approvals from the U.S. Drug Enforcement Administration Program ( "DEA") for conducting the Program. • The City shall obtain any necessary approvals from the Minnesota Board of Pharmacy ( "MBP ") for conducting the Program. • The City is responsible for generating and filing any necessary reports with the MPCA, the DEA, and the MBP, or with any other local, state, or federal government or agency as required by any applicable law, statute, ordinance, rule or regulation. B. Drop Box. • The City will install a drop box in a secure location at the City's Police Department. The costs associated with installing the drop box shall be the responsibility of the City. • If requested by the City, the County, through its Communications Department and Sheriff's Office, will provide signage for the drop box consistent with signage provided by the County to other cities participating in the Program. • The City shall be responsible for the maintenance of the drop box and the costs thereof. C. Collection, Monitoring and Transportation to Dakota County Drug Task Force. • The drop box must be monitored by licensed peace officers employed by the City. • The City, through the use of its licensed peace officers, is responsible for collecting and packaging pharmaceutical drugs collected in the drop box. The packaging must be of a type that is appropriate for the waste and will be accepted by the incinerator selected by the County pursuant to Section 5.1(E) of this Agreement. • The costs associated with monitoring the drop box and collecting /packaging /storing the collected pharmaceutical drugs shall be the responsibility of the City. • After removing the collected pharmaceutical drugs from the drop box, licensed peace officers of the City's Police Department shall store the collected pharmaceutical drugs in a secure location at the police department until the pharmaceutical drugs are either properly disposed of or transferred to the Dakota County Drug Task Force for disposal. • The City, through the use of licensed peace officers employed by the City, is responsible for transporting the collected pharmaceutical drugs to the Dakota County Drug Task Force to relinquish the collected pharmaceutical drugs for the purpose of disposal. The City shall be responsible for the costs associated with said transportation. Prior to relinquishing possession of the collected pharmaceutical drugs, the City shall record the weight of the pharmaceuticals and 30 the number of containers given to the Dakota County Drug Task Force and shall report this information to the County's liaison. • The County and the City will develop a mutually agreed upon chain of custody process to document the transfer and disposal of containers of collected pharmaceutical drugs. D. Collection and Disposal of Unacceptable Wastes. • The following wastes will not be accepted for collection in the drop box: sharps; thermometers; cancer medications (chemotherapy or radioactive pharmaceutical wastes); and medical waste or items contaminated with bodily fluids (e.g., bandaging, empty IV bags, etc.). • If any such unacceptable wastes or other hazardous material are collected in the drop box, the City is responsible for managing these wastes by removing them from the drop box and packaging them in appropriate containers. • The City shall be responsible for bringing sharps, thermometers and cancer medications to the Dakota County Recycling Zone, 3365 Dodd Rd, Eagan, or to another mutually agreed upon location. The County, at County expense, will properly dispose of these unacceptable wastes. Medical waste or items contaminated with bodily fluids (e.g., bandaging, empty IV bags, etc.) will not be accepted at the Dakota County Recycling Zone and the City shall be responsible for the management of any such waste, including the disposal thereof. • The City shall be responsible for the management of any trash (e.g., cans, bottles, paper bags, etc.) collected in the drop box, including the disposal thereof. E. Disposal of Collected Pharmaceutical Drugs. • The County, through the Dakota County Sheriff's Office, shall be responsible for transporting the pharmaceutical drugs for disposal. The County shall be responsible for the costs associated with said transportation. • The final method of disposal will be by incineration at a licensed /permitted incinerator within the State of Minnesota. The County, through its Environmental Management Department, shall select and execute a contract with the disposal facility (ies) for the disposal of the collected pharmaceutical drugs. • During each calendar year of the term of this Agreement, the County shall pay for the costs of disposing the pharmaceutical drugs at the selected incinerator(s); however, said disposal costs are limited to a cumulative amount of $15,000 each calendar year for all cities participating in the Program through separate joint powers agreements with the County. F. Training. • The County, through its Environmental Management Department and Sheriff's Office, will provide training to City employees on managing pharmaceutical wastes, as agreed to between the Director of the Environmental Management Department and the City's liaison. G. Program Promotion and Acknowledgment. • The City is responsible for local promotion of the Program. • The County and City shall appropriately acknowledge each other in any promotional materials, signage, reports, publications, notices, and presentations relating to the Program. This section shall survive the expiration or termination of this Agreement. 5.2 COSTS OF EMPLOYEES. In carrying out their respective obligations under this Agreement, each party shall be responsible for payment to their own employees. No party shall be liable to the other party for any remuneration to the other party's employees. 5.3 COMPLIANCE WITH LAWS /STANDARDS. The City and County shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations in conducting the Program. b` SECTION 6 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 7 AUTHORIZED REPRESENTATIVES AND LIAISONS 7.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Kathleen A. Gaylord or successor, Chair Dakota County Board of Commissioners Administration Center 1590 Hwy. 55 Hastings, MN 55033 TO THE CITY: Mike Maguire or successor, Mayor City of Eagan Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 7.2 LIAISONS. To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison Sheriff David Bellows Telephone: (651) 438 -4710 Email: dave.bellows @co.dakota.mn.us SECTION 8 TERMINATION City Liaison James McDonald, Chief of Police Telephone: (651) 675 -5700 Email: jmcdonald @cityofeagan.com 8.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving 45 days' written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Ba 8.2 TERMINATION FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the terminating party to the other party by facsimile is sufficient notice under this section. The terminating party is not obligated to pay for any services that are provided after written notice of termination for lack of funding. Neither party will be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 9 GENERAL PROVISIONS 9.1 SUBCONTRACTING. The parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interest in the Agreement without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. Such consent shall not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. 9.2 EXCUSED DEFAULT — FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 9.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 9.4 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by the authorized representatives of the County and the City. 9.5 MINNESOTA LAW TO GOVERN. 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. The provisions of this section shall survive the expiration or termination of this Agreement. 9.6 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 9.7 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. �3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: ,4A-J.,14,4.,.- I a3 apl3 A istant Count Att rney /Date KS -12- 130 -002 County Board Res. No. 13- Sq DAKOTA COUNTY Kathleen A. Gaylord, Chair Dakota County Board of Commissioners Date of Signature: CITY OF EAGAN By a Mike Maguire, Mayor Date of Signature: _ Date of Signature: City Clerk Agenda Information Memo February 19, 2013 Eagan City Council Meeting G. CONTRACT 13 -01, CEDAR GROVE BOULEVARD — PHASE II STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 13 -01 (Cedar Grove Boulevard — Phase II Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, March 26, 2013. FACTS: • Contract 13 -01 provides for street and utility improvements for Cedar Grove Boulevard (formerly Cedarvale Boulevard) within the Cedar Grove Redevelopment Area in northwest Eagan as outlined and discussed in the feasibility report for Project 1088, prepared by the consulting firm of Bolton and Menk, Inc. • On December 18, 2012, the City Council held a public hearing for Project 1088. The Council approved the project and authorized the preparation of detailed plans and specifications for the 2013 construction season. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bid. • Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. • BVC uses the relationship between performance and price to achieve the best overall value and lowest long -term cost for government construction projects. • On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of public improvement projects for the City. • The BVC method of procurement has been successfully used for numerous previous street and utility improvement contracts since 2008. • The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids. All bids will be evaluated in an open and competitive manner. -35 Agenda Information Memo February 19, 2013 Eagan City Council Meeting H. MINNESOTA CLEAN WATER PARTNERSHIP GRANT APPLICATION ACTION TO BE CONSIDERED: Authorize submittal of an application to the Minnesota Pollution Control Agency (MPCA) for a Clean Water Partnership Grant, `Blackhawk Lake Protection Project." FACTS: • The MN Legislature authorized creation and funding of the Clean Water Partnership (CWP) Program (Minn. Stat. §103F.701 to 103F.761) through MPCA in 1987. The CWP Program focuses on control of nonpoint source pollution through watershed management to protect and improve surface and ground water. It provides financial assistance through grants and loans and technical assistance to local units of government to lead pollution control projects. The CWP Program supports studies of water bodies with pollution problems, development of action plans to address problems, and implementation of plans to fix identified problems. CWP funds also are used for studies or projects to protect water bodies that meet MN water quality standards. • Nonpoint source pollution comes from many sources, such as construction sites, paved surfaces, failing septic systems, and over - fertilized lawns, that contribute huge quantities of phosphorus, bacteria, sediments, nitrates and other pollutants to the environment and that represent the largest combined threat of the state's water pollution. • CWP projects require large commitments of time and effort by participants, including matching grant money with cash or in -kind services. Local units of government must sponsor and act as fiscal agents. • MPCA has awarded the City of Eagan four CWP grants for lake diagnostic studies and implementation plans: 1) $93,974 for Schwartz Lake (1994); 2) $48,985 for Fish Lake (1995); 3) $55,276 for Blackhawk and Thomas lakes (2010), and $167,000 for "Neighborhood Lakes" (2012), which was the only grant awarded to a city that year. The City also obtained a $90,000 grant to complete required Total Maximum Daily Load (excessive phosphorus) plans for Fish and Schwartz Lakes (2010). Eagan received a $51,250 CWP loan in 1997 to construct the Fish Lake alum treatment facility. • Eagan's Water Quality & Wetland Management Plan (2007) directs that management plans be developed for priority lakes. Such plans result from studies that evaluate water quality, assess total phosphorus affecting each system, and identify projects and activities to address needs and to protect and improve lakes. After adopting plans, the City may include recommended projects in its 5 -year public works capital improvements program. • When the City Council authorized the application for the "Neighborhood Lakes" project December 6, 2011, it also sanctioned another project proposal, `Blackhawk Lake Improvements." Subsequently, MPCA determined the latter proposal could not be considered for CWP funding because MPCA had not yet approved the 2010 Blackhawk and Thomas project from which the proposal originated. MPCA approved the Blackhawk and Thomas Lakes Management Plans on December 3, 2012. • Effective January 7, 2013, MPCA is accepting CWP proposals for the 2013 -16 period, anticipating about $1.1 million in grants and $5 million in loans awarded this year for projects that: 1) develop diagnostic studies and implementation plans and 2) implement activities identified by MPCA- approved studies and plans. Proposals are due by March 8, 2013. • `Blackhawk Lake Protection Project" would implement some recommendations of the Blackhawk and Thomas Lakes Management Plans that identified the campus of Black Hawk Middle School and Deerwood Elementary School with potential to provide cost effective reductions of stormwater phosphorus loading to Blackhawk Lake. The City would partner with school administration, faculty, students, and Climb Theatre of Mendota Heights to enhance community stewardship of lakes and watersheds. The partnership would develop educational programs and materials for the school community and would develop opportunities for community education and involvement in site analyses, and for design, installation, and maintenance of selected practices. • City staff has discussed the preliminary proposal with both school principals, Messrs. Haugen and Wendorff, who are prepared to move forward and with whom the proposal would be refined before submission, upon Council approval. The preliminary budget of $100,500 includes $46,500 of CWP funding, matching cost share of $23,000 from Eagan's stormwater utility fund, $26,000 in -kind City Water Resources staff services, and $5,000 proposed cash from Gun Club Lake Watershed Management Organization. J� Agenda Information Memo February 19, 2013 Eagan City Council Meeting I. CEDAR GROVE REDEVELOPMENT AREA EASEMENT VACATIONS ACTION TO BE CONSIDERED: Receive the petition to vacate public easements located in the Cedar Grove Redevelopment Area and schedule a public hearing to be held on March 19, 2013. FACTS: • On June 5, 2012, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2013 -2017) and authorized the initiation of the public improvement process for the 2013 programmed improvements. The reconstruction/realignment of Cedar Grove Boulevard, including utility relocations, was included as part of this approved CIP. • Also, in conjunction with the overall redevelopment of the Cedar Grove Redevelopment Area, a petition to vacate other miscellaneous and no longer needed public easements in the area has also been prepared and submitted for Council consideration to schedule a public hearing on March 19, 2013. • The purpose of the request is to allow the recording of a final plat of approximately 51 acres for the proposed Paragon Outlets Center and adjacent property as commercial development. • The request would vacate all of the public right -of -way and drainage and utility easements within this portion of the Cedar Grove Redevelopment Area. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new final plat, Paragon Outlets at Cedar Grove, will dedicate public right -of -way and drainage and utility easements that will adequately address the public streets and drainage and utility purposes. The proposed plat is scheduled for Council consideration on March 19, 2013. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Descriptions, attached without page numbers. • Location Map, page �8 . I Q Q tw / 1P EASEMENT VACATION LOCATION lr4P YANKEE DOODLE RD. DIFFLEYI,,, RD'--, 2CLIFF ROAD APPLE VALLEY 101 L--� 40 CITY OF EAGAN Proposed Easement Vacation Location Map Cedar Grove Redevelopment Area �8 Fig. 1 1 3/28/2011 Agenda Information Memo February 19, 2013 Eagan City Council Meeting J. LOT 9, BLOCK 1, LETENDRE ADDITION NO.3 EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements located on Lot 9, Block 1 Letendre Addition No. 3 and schedule a public hearing to be held on March 19, 2013. FACTS: • On January 17, 2013, City staff received a petition from Mr. Grant D. Jacobson, representing Dakota County Community Development Agency (CDA), requesting the vacation of public drainage and utility easements on the former Richfield Blacktop site (Lot 9, Block 1 Letendre Addition No. 3). Said parcel is included as part of the proposed Riverview Ridge Family Housing development along the east side of Highway 13 across from Terminal Drive in northwest Eagan. • The purpose of the request is to allow the recording of a final plat of the property for the proposed Riverview Ridge Family Housing development as a CDA residential development. • The request would vacate all of the perimeter drainage and utility easements on the former Richfield Blacktop property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new final plat, Riverview Ridge Family Housing Addition, will dedicate perimeter public drainage and utility easements that will adequately address public drainage and utility purposes. The new plat is scheduled for Council consideration on March 19, 2013. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page y0 • Location Map, page 41 . �� Proposed Drainage and Utility Easement Vacation Lot 9, Block 1, Letendre Add. No. 3 City of Ea 8Il " y ) Date: 2/07/2013 EASEMENT N VACATION LOCATION �o 00 �v • oY L< u.i Q } Q w U f LL F v CLIFF ROAD MENDOTA HEIGHTS LONE OAK RD. I xI/ � ` DIFFLEY[ RD. �m 11rO / 0 1 CL YANKEE - DOODLE RD. CITY OF EAGAN Fig. 1 4191� Proposed Easement Vacation Location Map City of Baran Lot 9, B1k.1, Letendre Add, No.3 4i3128/2011 Agenda Information Memo February 19, 2013 Eagan City Council Meeting K. CONTRACT 11 -05, ULTRA HIGH ZONE BOOSTER STATION AND WATERMAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 11 -05 (Ultra High Zone Booster Station and Watermain Improvements) in the amount of $22,373.23 to Municipal Builders Incorporated and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 11 -05 provided for a booster station and a pressure sustaining station with related water main improvements to create an "Ultra" High Pressure Zone for the water distribution system located primarily east of Pilot Knob Road and south of Cliff Road, as authorized by the City Council under City Project 1054. These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. qa Agenda Information Memo February 19, 2013 Eagan City Council Meeting L. MINNESOTA DEPARTMENT OF HEALTH WELL SEALING GRANT AGREEMENT ACTION TO BE CONSIDERED: Approve an Agreement with the Minnesota Department of Health for an Unused (Not In Use) Public Water Supply Well Sealing Grant and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Approximately 70 percent of all Minnesotans rely on groundwater as their primary source of drinking water. Wells used for drinking water must be properly sealed (filled with an impervious material) when removed from service to protect both public health and Minnesota's invaluable groundwater resources. The Minnesota Department of Health's (MDH) Well Management Section protects both public health and groundwater by assuring the proper sealing of unused (not in use) wells. • Through the Clean Water, Land, and Legacy Amendment to the Minnesota constitution, funding was provided to MDH to establish cost -share assistance to owners of unused private and public water - supply wells (Chapter 6; Art. 2; Sec.8 (b) [2011 First Special Session Law]). This current well sealing grant program is for unused public water - supply wells. • The City of Eagan acquired two municipal deep wells (unique ID #215835 and #205597) in Cedar Park when the Village of Eagan took over the original Cedar Grove Development in the 1970s. The wells, originally dug in the late 1950s to early 1960s, were placed in stand -by in the mid- 1970s, and temporarily capped in May, 1993. • Because the deep municipal wells are not appropriately placed to work with the current water supply configuration, the City budgeted for and seeks to permanently seal both unused wells. • The MDH well sealing grant program provides for reimbursement of up to 50 percent of the actual cost with a cap amount of $50,000 per well. Preliminary quotes estimated both Eagan wells could be sealed for approximately $60,410. • An agreement between the City of Eagan and the Minnesota Department of Health has been prepared providing for a grant totaling $29,975 for the sealing of the two municipal wells. The agreement requires the City to complete the work before May 31, 2014. As set forth in the agreement, the City's financial responsibility will be based on the final construction costs. The estimated $30,435 (50.4 %) total cost share for the City would be the responsibility of the Water System Renewal & Replacement Fund (Fund 1121). • Upon the approval of the agreement, plans and specifications to seal the municipal wells will be prepared and presented to the Council for their consideration of authorizing the advertisement for bids. • Public Works staff and the City Attorney's office have reviewed this agreement and found it to be similar to other previous state grant agreements and in order for favorable Council action. Agenda Information Memo February 19, 2013 Eagan City Council Meeting M. ORDINANCE AMENDMENT — PRIVATE FIRE HYDRANT INSPECTION AND MAINTENANCE PROGRAM ACTION TO BE CONSIDERED: Direct the City Attorney to prepare an Ordinance Amendment to Section 3.20, Rules and Regulations Relating to Water Service for further consideration to require private hydrant inspections and allow the levy of an inspection fee. FACTS: • Currently, there are a total of 4,057 fire hydrants in the City of Eagan. Fire hydrants that are City owned and maintained by the Utilities Division of the Public Works Department, otherwise considered `public', total 3,528. The remaining 529 are 'private' fire hydrants and are not maintained by City staff. • Section 508.5 of the State Fire Code requires fire hydrant systems to be maintained in an operative condition at all times, and inspected annually and after each operation. Regardless of this code requirement, in a fire emergency, all fire hydrants are critical to the protection of life and property. Section 101 of the State Fire Code authorizes the City to adopt rules to implement the Fire Code. • Random communication with Eagan business and property representatives has found that most of the private hydrants have never been maintained or operated. Typically the property owners didn't know they were private and assumed the City was addressing the hydrant operations. • On December 11, 2012, the City Council considered the private fire hydrant maintenance issue at a Special Council Workshop. The Public Works Department, in coordination with the Fire Department, provided facts regarding current private hydrant maintenance and suggested program options that would require annual hydrant inspections similar to the current public hydrant inspections. The Council supported further consideration of the proposed change to service delivery. • The cost of the private fire hydrant inspections and any associated repairs could be financed through private fire hydrant maintenance fees charged to the individual owners. A hydrant inspection fee could be charged for each hydrant inspected as part of the quarterly utility bill. Repair costs would include staff time and materials plus overhead. • The City Council has consented to proceed with the preparation of a proposed change in the service delivery program for hydrant maintenance. Initiation of this effort involves directing the City Attorney to prepare an appropriate ordinance amendment for formal consideration on a future Council agenda. VAq Agenda Information Memo February 19, 2013 Eagan City Council Meeting N. LOTS 5 -8, BLOCK 5, EAGANDALE CENTER INDUSTRIAL PARK EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easement located on Lots 5 -8, Block 5 Eagandale Center Industrial Park and schedule a public hearing to be held on March 19, 2013. FACTS: • On February 8, 2013, City staff received a petition from Mr. Mike DiNanno, representing Chicago Tube & Iron Co. (2940 Eagandale Boulevard), requesting the vacation of public drainage and utility easements on the current Chicago Tube & Iron site (Lots 5 -8, Block 5 Eagandale Center Industrial Park). • The purpose of the request is to allow the recording of a final plat that would combine the four existing lots to allow for an addition to the existing building. • The request would vacate existing perimeter drainage and utility easements on the Chicago Tube & Iron property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new plat combining all four lots into one lot will dedicate the necessary public drainage and utility easements that will adequately address public drainage and utility purposes. This new plat is scheduled for consideration by the City Council on March 19. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page • Location Map, page 41 . x-415 CIVOH NVO 3NO1 0" WY MAY vN 00 XIV O a sC -s: WN lr/d nvN MOW e ' - 0.701Y• M,SirLi,6RS a+r.-- ` c \ ® Som ` roo �V I �ja in <� F_ `j Z{WW/ NQ D tJJ Z > �I 4-- = N (u p +- - [� O O L/l 4' On . N � � a o w + 'O p N -p LLJ V) w J , 4- O °CV $ p r F � r LL, Y z> 4, W to Q p ❑ m J ® p z o a 4- LIJ K L w° LLJ 4- _ LU J `J Y m -0 p @ p a °N CD V 'ij O N z 'O fa g Z Q LU O N C j f- 41 v p p Z 0- w a Z w+c,: U u 3 �a �o U v Q /o aCi LIJ J i �I In 3 m z o "'� o W bj O C O + 41 � c � C w n U v'C �- C9 c� 4 � a) f6 a ° N ° L'J LLJ O a a) Qm OO ACC Ln t Lri U I an w --r— V) @ 42 .1 C w � (n O: N 3�ikGS 1 C -p O Y O E Ln V) L1J BB Le a O 0 (6 Z N-U C --p -� In U N � 3�sr sM �Y X00 3 w00G N pp0 Q c °-CF, O O 1p;1 �, (031VOVn I `( p Ql :- -a "I p n 38 Ol) £ZOb91 11 v C 2 v) O 4— 'ON '000 83d V� �a O Q .e CL yi.� 1N3N3SV3 Alllllfl 'y i IN p Lo -T o L c Q j' oowrrl,sv.eeN I -- 4- Q O U .•� 8 p IrllLX3 �re O YVi 3vvIn . 3 m Jc^J u 1,I N 1 - �Siri00.S 5T-f; 1Y7d AW 4, O O oowc SS 68S r � 2 Zt o _ Y -lT r� oovcr I'S1195'.668 •- � .3` �SI,SS.6gN N 9 101 d0 3NIl N of 38�G C� p OV021 30/2135 IS3M \yI �21vd •iviry l,r�vivi � � s w N N N L� O Ln s U C LLLJ J Q U a o. 3 v N 0 ro N N V) vi M N K N H N ro m co N 0 N CITY OF EAGAN 4* Proposed Easement Vacation Location Map CityofBap Lots 5 -8, Blk.5, Eagandale Center Industrial Park 9 Fig. 1 3/28/2011 EASEMENT 494 VACATION MENDOTA HEIGH'T'S "- _ LOCATION N pQ� fa �� r LONE OAK RD. c, �v ps'e YANKEE - 60ODLE RD. 28 o �.,. O z Y a Mh DIFFLEYf RD. , 30 so w i Uj CITY OF EAGAN 4* Proposed Easement Vacation Location Map CityofBap Lots 5 -8, Blk.5, Eagandale Center Industrial Park 9 Fig. 1 3/28/2011 Agenda Information Memo February 19, 2013 Eagan City Council O. EXTENSION OF PRELIMINARY SUBDIVISION (CEDAR VALLEY ADDITION) ACTION TO BE CONSIDERED: To approve a one year extension of the Preliminary Subdivision (Cedar Valley Addition) consisting of two parcels upon approximately 6.5 acres located at 2024 Rahn Way, legally described as Lot 1, Block 1, Rahn Ridge. FACTS: ➢ The City Council originally approved the Preliminary Subdivision on March 20, 2012. A corresponding Planned Development Amendment was approved at the same time for a five - year term. ➢ The subdivision was intended to allow the existing church to be sold on a smaller parcel of land, and provide for future development of the vacant southern portion of the site. To date, neither event has materialized. ➢ Consequently, the applicant has requested an extension of the Preliminary Subdivision approval to allow additional time to complete the Final Subdivision. ➢ Approval of this request would extend the Preliminary Subdivision to March 20, 2014. ATTACHMENTS: (2) Location Map, page L4q Correspondence from Cedar Valley Church, page 50 in a M MINIMUM n AtWetic"Park -Rann ParK 1' �� k Ell ®fir .�� all 0 W_ m mg Sys ®� ���:�►� - .� 111110 a m n m m d XY ca, cri �a I 9qq ° yyxxyy 1'. 10 nr X A 1.1 II ,,... I a aAoe I• -10 9 I .•..:.. 581 "" 0� _ •, 1, •' .602.02 N 0°'W27' E -- ..._--- )_- -- ---- -- -- -- ]90.1 --- - - - - - - -- I � 1• I I I I ,•a 1� i ,D I m30 30 I N I I r NO-27'v'E I III I I I I I I I I I I \ ` •. r \ \ `--- - - - - -- t m I------------------ I — — — — -- — N 00'.2]'2]' E J — '---------------- 20 2511 4C0.00 411 i 'tl l i ,.• ,. 1 la3li ,., ... NS6�. 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Ion �' 11 Agenda information Memo February 19, 2013 City Council Meeting CONSENT AGENDA: P. AUTHORIZE FINAL PAYMENT OF CONTRACTS 11 -14 AND 12 -08 CONDUIT /FIBER PROJECTS TO MP NEXLEVEL LLC. AND CLOSE OUT CONTRACTS ACTION TO BE CONSIDERED: Authorize final payment of contracts 11 -14 and 12 -08 conduit /fiber projects to MP Nexlevel LLC. and close out contracts. FACTS: • MP Nexlevel completed Phase 1 and Phase 2 fiber construction in October of 2012. The City kept the contracts open until the RFQ's for lateral fiber installers were received back from the bidders. On November 20'h, 2012 Council approved MP Nexlevel LLC and Arvig Construction as lateral builders from the customer premise to the City's right of way handhole. • Phase 1 total construction costs amounted to $670,340.29. MP Nexlevel held out retention valued at $33,517.02 for Phase 1 fiber /conduit. Phase 2 total construction costs amounted to $656,733.80. MP Nexlevel held out retention valued at $32,836.69 for Phase 2 fiber /conduit. Final payment of both contracts would be $66,351.71. • According to the Pro -forma drafted by our fiber consultant Design Nine, they had estimated $1,410,000 for constructing Phase 1 and Phase 2 fiber routes. The actual amount of construction came to $1,327,074.09 coming under budget by $82,925.91. • The City has entered into Maintenance Agreements with MP Nexlevel to service Gopher One call tickets and locate requests while obtaining all necessary permits to repair any breaks within these two fiber paths. ATTACHMENTS: • None 61 Consent Agenda Information Memo February 19, 2013, Eagan City Council Meeting Q. Approve a countywide mutual aid agreement for non - police and fire services. ACTION TO BE CONSIDERED: Approve a countywide mutual aid agreement for non - police and fire services. FACTS: • Large scale emergencies often exceed the resource capabilities of a single jurisdiction. Additional resources provided by outside agencies can provide vital assistance during the response and stabilization of a large incident. • The police and fire departments have long standing mutual aid agreements within the County. The intent of this agreement is to enable the use of mutual aid among government disciplines in the County other than Police and Fire. • Examples of other disciplines with potential roles in emergency operations include: public works, building inspections, geographic information systems, information technology, and public health. • As a party to this agreement, the City is not required to provide assistance when requested. Each request for assistance will be evaluated on a case by case basis and either approved or denied. • This agreement covers the provision of resources during emergencies, disasters, and recovery operations. It is not to be used for assistance with day -to -day business. • Assistance provided under this agreement will be at the expense of the responding party for the first 24 hours. Any assistance beyond 24 hours will be billed to the requesting entity. • By becoming a party to this agreement it will eliminate the need to develop and implement such agreements at the time of the emergency. • The language of this agreement has been reviewed by the League of Minnesota Cities Insurance Trust (LMCIT), and by the City Attorney. ATTACHMENTS: Mutual Aid Agreement for Emergency Management on pages ° 2 a 5D MUTUAL AID AGREEMENT FOR EMERGENCY MANAGEMENT THIS AGREEMENT is made and entered into between the Parties, governmental units of the State of Minnesota, pursuant to authority granted to them by Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to contracting parties, and Section 12.27 which authorizes mutual aid arrangements for reciprocal emergency management. In consideration of the mutual promises and Agreements contained herein, and subject to the provisions of Minnesota Statutes, Sections 471.59 and 12.27, the Parties agree to the following: Article 1 ENABLING AUTHORITY Minnesota Statutes, Section 471.59 authorizes two or more governmental units to jointly exercise any power common to the contracting parties. Minnesota Statutes Section 12.27 authorizes the director of each county emergency management organization to collaborate with other public agencies within the state to develop mutual aid arrangements between local units of government for reciprocal emergency management aid and assistance in an emergency or disaster too great for any one local unit of government to deal with unassisted. Article 2 PURPOSE During periods of Emergency, Disaster and Recovery Operations the Parties to this Agreement intend to make equipment, personnel and other resources available, upon request, to any Party who has signed this Agreement. It is not the purpose of this agreement to provide for or address in any way requests to make equipment, personnel and other resources available for routine, day -to -day business operations. The undersigned Parties intend that this Agreement shall serve as a valid written request for mutual aid as required by FEMA for any unit of government requesting reimbursement funds for those reasonable eligible costs incurred as a result of a qualifying emergency. Article 3 DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as follows: j � A. "Assistance' means any services, excluding law enforcement and fire suppression services, useful to a Requesting Party that has requested Assistance from one of more parties to this agreement, including, but not limited to, emergency management, public works, building inspection, geographic information systems, information technology, financial management, and public health. B. "Employee' means those personnel currently working for a Party, including elected and appointed officials, officers, volunteers deemed to be employees for workers compensation purposes under Minn. Stat. § 176.011, subd. 9, and volunteers assisting a Party under this Agreement who are registered with and who are under the direction and control of the Party pursuant to Minn. Stat. § 12.2., Subdivision. 2a (a). C. "Participating Party or Party" means a governmental unit that is a Party to this Agreement. D. "Requesting Official" means the person designated by a Participating Party who is responsible for requesting Assistance from the other Participating Parties. E. "Requesting Party" means a unit of government which is also a participating Party to this Agreement, who requests Assistance from other Participating Parties. F. "Responding Official" means the person designated by a Participating Party who is responsible to determine whether and to what extent the Participating Party should provide Assistance to a Requesting Party. G. "Responding Party" means a Participating Party who provides Assistance to a Requesting Party. H. "Disaster" Means a situation that creates an actual or imminent threat to the health and safety of persons, or a situation that has resulted or is likely to result in catastrophic loss to property or the environment, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss, as defined in Minn. Stat. § 12.03, subd. 2 as it may be amended from time to time. I. "Emergency" means a combination of circumstances that calls for immediate action to prevent a Disaster from developing or occurring. J. "Recovery Operations" means activities that will bring the Requesting Agency back to a pre - Emergency or pre - Disaster condition. rg q Article 4 PARTIES The Parties to this Agreement shall consist of as many of the following governmental units as have approved and executed this Agreement: City of Apple Valley City of Burnsville City of Coates City of Eagan City of Farmington City of Hampton City of Hastings City of Inver Grove Heights City of Lakeville City of Lilydale City of Mendota City of Mendota Heights City of Miesville City of New Trier City of Northfield City of Randolph City of Rosemount City of South St. Paul City of Sunfish Lake City of Vermillion City of West St. Paul County of Dakota Article 5 PROVISIONS OF MUTUAL AID A. Request for Assistance Whenever a Party, in the opinion of a Requesting Official, determines that conditions within its jurisdiction cannot be adequately addressed by the jurisdictions personnel and resources because of an Emergency or Disaster or the need for Recovery Operations, the Requesting Official may request the Responding Official of any other Party to furnish Assistance. The Requesting Party, within a reasonable period of time, shall provide the Responding Party /ies with a written confirmation of the need for Assistance including details regarding requested resources, timelines/ schedules and location(s) for assistance. B. Response to Request. Upon the request for Assistance from a Requesting Party, the Responding Official may authorize and direct his /her Party's personnel to provide Assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. A Party may decline to make its personnel and resources available in response to any such request. Being a Party to this Agreement does not obligate a Responding Party to provide personnel and /or resources to a Requesting Party, if it jeopardizes the Responding Party's ability to provide services to its own jurisdiction. Once Assistance has been authorized, the Responding Party shall, in a reasonable amount of time, provide to the authorizing Party a written confirmation of Assistance including details regarding the personnel, resources to be provided and a timeline/ schedule of availability. C. Recall and Release of Assistance The Responding Official may recall such Assistance at any time if the Responding Official or the governing body of the Responding Party determines it is in the best interest of the Responding Party to do so. The Requesting Party may at any time release a Responding Party or an individual from providing any further assistance. D. Command of Scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Assistance is withdrawn. E. State Declared Emergency If the State of Minnesota or an authorized state agency declares an emergency, the statutes and administrative rules pertaining to state declared emergencies shall prevail where they conflict with the provisions of this Agreement. F. Volunteer Registration Any volunteers who participate on behalf of the Responding Party shall register with the Requesting Party. Article 6 HOLD HARMLESS AND INDEMNIFICATION A. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the Employees of the Responding Party are deemed to be Employees of the Requesting Party as defined in Minn. Stat 466.01, subdivision 6, but only for purposes of addressing liability under this Agreement. The Employees of the Responding Party shall not be considered Employees of the Requesting Party for any other purpose. B. The Requesting Party shall defend, indemnify and hold harmless the Responding Party and its Employees against any and all claims brought or actions filed against the Responding Party or its Employees for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. However, nothing herein shall be construed to provide insurance coverage or indemnification to any Employee of any Party for any act or omission for which the Employee is guilty of malfeasance in office, willful neglect of duty or bad faith. C. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1a(a). Nothing herein shall be construed to waive or limit any immunity from or limitation on, liability available to any Party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. Under no circumstances shall a Party be required to pay on behalf of itself ME and other Parties, any amounts in excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any third party claim. The statutory limits of liability for some or all of the Participating Parties may not be added together or stacked to increase the maximum amount of liability for any third party claim. D. Each Responding Party agrees to promptly notify the other Requesting Parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to involve the Requesting Party, and it arises out of acts or omissions related to this Agreement. E. There shall be no liability to any Participating Party for failure to furnish Assistance, or for recalling or releasing Assistance as described in this Agreement. Article 7 WORKERS COMPENSATION For the purposes of workers compensation insurance, the Employees of each Participating Party are considered to be acting within the scope of and in the course of their regular employment, as Employees of the Responding Party. Each Participating Party shall be responsible for any injuries or death(s) of its own Employees in connection with Assistance provided pursuant to this Agreement. Each Participating Party will maintain workers compensation insurance or self - insurance coverage, covering its own Employees while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue any other Party for any workers compensation benefits paid to its own Employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its Employees. Article 8 DAMAGE TO EQUIPMENT Each Participating Party shall be responsible for damage to or loss of its equipment provided pursuant to this Agreement. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages were caused wholly or partially by the negligence of any other Party or its Employees. Article 9 CHARGES TO THE REQUESTING PARTY A. A Requesting Party shall not be billed or charged by a Responding Party for Assistance rendered unless the Assistance continues for a period of more than twenty -four (24) hours, as 5� measured from the time Responding Party begins to provide Assistance after being specifically directed by the Requesting Party to perform a task or tasks. The charges for Assistance provided pursuant to this Agreement will be based upon the actual costs incurred by the Responding Party, including salaries or wages, overtime, materials, supplies and other necessary expenses, except that the Parties agree that the Federal Emergency Management Agency equipment rates will be used as the basis for equipment charges whenever possible. The Requesting Party is responsible to take all steps it deems necessary to seek reimbursement from the United States of America, the State of Minnesota or other sources, to the extent that such reimbursement is available, for expenses it incurs for services provided pursuant to this Agreement. B. If Assistance provided under this Agreement continues for more than twenty -four (24) hours, the Responding Party shall submit to the Requesting Party an itemized bill for the actual cost of any Assistance provided after the initial twenty -four (24) hour period, including salaries, overtime, materials and supplies and other necessary expenses. The Requesting Party shall reimburse the Responding Party. Any claims for reimbursement by the Responding Party must be made to the Requesting Party within 90 days after the expense is sustained or incurred. C. The Parties acknowledge that charges may be assessed without regard to the availability of federal or state or other funds to reimburse the charges. Article 10 EFFECTIVE DATE AND TERM This Agreement shall be effective as of the date that any two Parties have executed it. As long as there are at least two Parties participating in this agreement, the Agreement shall be in effect until such time as the Agreement is terminated pursuant to Article 12. The Parties agree to review the terms of the Agreement every 5 years and to propose amendments deemed necessary. This Agreement will only apply to those Parties whose governing boards have lawfully executed the document. Article 11 MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Participating Parties hereto. Article 12 WITHDRAWAL Any Party may withdraw from this Agreement with or without cause by providing thirty (30) days' prior written notice to the Dakota County Emergency Preparedness Coordinator. Withdrawal by any Participating Party shall not terminate this Agreement with respect to any Participating Parties who have not withdrawn. Withdrawal shall not act to discharge any liability incurred by any Participating Party prior to withdrawal. Such liability shall continue until discharged by law or agreement. The terms of Article 6, 7, 8,13 and 14 shall survive the expiration, termination or withdrawal from this Agreement. Article 13 RECORDS - AVAILABILITY AND ACCESS To the extent required by Minn. Stat. § 16C.05, Subd. 5, as it may be amended from time to time, the Parties agree that any Party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other Parties and involve only these transactions relating to the performance of activities pursuant to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for seven (7) years after its termination or cancellation. A Party that withdraws shall maintain the above materials for seven (7) years beyond the Party's withdrawal date. Article 14 DATA PRIVACY Each Party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Governmental Data Practices Act, Minnesota Statutes Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy of confidentiality, and as any of the same may be amended from time to time. J1 Article 15 COMPLIANCE Participating Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances in force or hereafter enacted. Article 16 COUNTERPARTS This Agreement may be executed in any number of counterparts, each counterpart for all purposes being deemed an original and all such counterparts shall together constitute one and the same agreement. Counterparts shall be filed with the Dakota County Emergency Preparedness Coordinator, together with a certified copy of the resolution evidencing approval of the Agreement, as follows: Dakota County Emergency Preparedness Coordinator Dakota County Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 -2343 Article 17 CONTRACT ADMINISTRATION In order to coordinate the services so as to accomplish the purposes of this Agreement, each Participating Party's Chief Administrative Officer shall be the contact person for each Participating Party under this Agreement. A Participating Party may designate someone other than the Chief Administrative Officer as the contact person(s) by providing written notice to the Dakota County Emergency Preparedness Coordinator. [Remainder of page intentionally left blank] MAIN IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below. Approved as to form: Assistant County Attorney /Date County Attorney File # KS -10 -38 M611I`►1VAL9]:I07:\:(Q %'m By Title: Chair of the Board Date of Signature Attest: (Ok Kelly Olson Sr. Administrative Coordinator to the Board CITY OF APPLE VALLEY By Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signature ('6 'D. CITY OF BURNSVILLE By Mayor Printed Name: _ Date of Signature By City Clerk Printed Name: Date of Signature l� CITY OF COATES By Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signatu (9q CITY OF EAGAN By Mayor Printed Name: _ Date of Signature, By City Clerk Printed Name: _ Date of Signature. CITY OF FARMINGTON By Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signature Vo CITY OF HAMPTON By Mayor Printed Name: _ Date of Signature By, City Clerk Printed Name: Date of Signature (09 CITY OF HASTINGS By, Mayor Printed Name: Date of Signature, By City Clerk Printed Name: Date of Signatu Fill' C9 I Vol 3t►lTLc3elvlA:TA a :i -v By Mayor Printed Name: _ Date of Signature, By City Clerk Printed Name: _ Date of Signature, bi CITY OF LAKEVILLE 3'-1 Mayor Printed Name: Date of Signature. By City Clerk Printed Name: Date of Signatu qo CITY OF LILYDALE By Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signature II CITY OF MENDOTA By Mayor Printed Name: _ Date of Signature By City Clerk Printed Name: Date of Signature 9a CITY OF MENDOTA HEIGHTS By Mayor Printed Name: _ Date of Signature, By City Clerk Printed Name: Date of Signature 9 �) CITY OF MIESVILLE By Mayor Printed Name: Date of Signature a City Clerk Printed Name: Date of Signat 94 CITY OF NEW TRIER By Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signature T CITY OF NORTHFIELD By Mayor Printed Name: Date of Signature By City Clerk Printed Name: _ Date of Signature 0 CITY OF RANDOLPH By. Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signature qq CITY OF ROSEMOUNT By Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signature CITY OF SOUTH ST. PAUL By Mayor Printed Name: Date of Signatu By City Clerk Printed Name: Date of Signature qj CITY OF SUNFISH LAKE By Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signature RUN CITY OF VERMILLION Mayor Printed Name: Date of Signature By City Clerk Printed Name: Date of Signature to KS10 -38 Emergency Management JPA (10- 11 -12) CITY OF WEST ST. PAUL By Mayor Printed Name: _ Date of Signature By City Clerk Printed Name: Date of Signature iI Agenda Memo February 19, 2013 City Council Meeting R. ACCEPT the resignation of Ray Hobot from the Advisory Parks Commission. ACTION TO BE CONSIDERED: To accept the resignation of Ray Hobot from the Advisory Parks Commission. FACTS: • Ray Hobot was appointed to a two year term on the Advisory Parks Commission in 2012, which would have expired in April 2014. • Due to current circumstances Mr. Hobot tendered his resignation effective February 6, 2013. • It is anticipated that this vacancy will be filled when the City Council appoints new Commission Members in April /May. ATTACHMENTS: I� • Letter of Resignation included on Page S4 From: rwhobotCa?comcast.net [ma ilto:rwhobot(&comcast.net] Sent: Wednesday, February 06, 2013 8:57 PM To: Juli Johnson Cc: Amy Grannes Subject: Advisory Parks & Recreation Commission Please accept this request to step down from my advisory position to the Parks and Recreation Commission. I have been asked and accepted to come back and help get the all male Shrine Chanters group up and running again. Unfortunately the group has always met and practiced on Monday evenings and at least for now, will continue on Mondays. I have very much enjoyed working with all of you and it has given me an inside view of a very professional and dedicated staff that we can be proud of here in Eagan. Again, thank you for your understanding. I will stay in touch. Ray Hobot poll Consent Agenda February 19, 2013 City Council Meeting S. APPROVE a Resolution to accept a donation for a park bench to be located in Cedar Pond Park. ACTION TO BE CONSIDERED: To accept a donation of $630 from the James A. Dare family to memorialize a park bench in Cedar Pond Park. FACTS: • The Parks and Recreation Department has a long history of installing and memorializing park amenities with funds donated as part of the gifting policy adopted by the City Council. The bench being memorialized will be located in Cedar Pond Park. This was the family's preferred location for a memorial bench. • A small plaque with an inscription consistent with other donations received will be mounted on the bench consistent with the past practice of installing plaques on park amenities donated as memorials. ATTACHMENTS: • Resolution included on Page 0 y CITY OF EAGAN RESOLUTION TO ACCEPT A DONATION FROM THE JAMES A. DARE FAMILY FOR A PARK BENCH TO BE LOCATED IN CEDAR POND PARK WHEREAS, Eagan Parks and Recreation has a long history of installing and memorializing park amenities with funds donated as part of the gifting policy adopted by the City Council; and WHEREAS, members of the James A. Dare family have expressed an interest in donating $630 to memorialize a park bench in James' memory; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $630 cash donation from the James A. Dare family to memorialize a park bench that will be installed in Cedar Pond Park. . 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 19"' day of February, 2013. City Clerk Agenda Information Memo February 19, 2013 Eagan City Council Meeting T. CONTRACT 13-10,2013 CITY -WIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 13 -10 (2013 City -wide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Wednesday, March 27, 2013, at the Utility Building, located at 3419 Coachman Point, Eagan MN 55122. FACTS: • Contract 13 -10 provides for the rehabilitation of public sanitary sewer through lining improvements of about 7,500 linear feet of existing pipe in various areas within the City as was included as part of the Sanitary Sewer Operations and Facilities portion of the Council approved 2013 -2017 Capital Improvement Program (CIP). • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • All bid advertisement notices will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: Location Map, page N W Y z 2013 Lining Areas W E Cit of � 2013 Proposed Lining Y City ROW S Map Date: Date: 2/13/2013 '� 1 in= 1 miles Prepared by: City of Eagan Department of Public Works Document Path: L:\USERS\PUBWORKS\ Projects\ Utilities \Sanitary_Sewer\Maintenance \Lining \Council Lin ing8x11.mxd Agenda Information Memo February 19, 2013, Eagan City Council Meeting U. APPROVE EXEMPT PERMIT FOR THE EAGAN RESOURCE CENTER TO HOLD A RAFFLE ON MARCH 21, 2013 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Eagan Resource Center to conduct a raffle on March 21, 2013 at Mount Calvary Lutheran Church, 3930 Rahn Road. FACTS: ➢ The Eagan Resource Center has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page ('40 (The application is available from the Office of the City Clerk.) a RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN RESOURCE CENTER WHERAS, the Eagan Resource Center has applied for an Exempt Permit to conduct a raffle on March 21, 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 the Eagan Resource Center to conduct a raffle on March 21, 2013 at 3930 Rahn Road. Motion by: Seconded by: Those in favor: Those against: Date: February 19, 2013 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 19tn day of February, 2013. City Clerk K- Agenda Information Memo February 19, 2013, Eagan City Council Meeting V. APPROVE EXEMPT PERMIT FOR ST. JOHN THE BAPTIST CATHOLIC SCHOOL TO HOLD A RAFFLE ON APRIL 27, 2013 AT ROYAL CLIFF, 2280 CLIFF ROAD ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for St. John the Baptist Catholic School to conduct a raffle on April 27, 2013 at Royal Cliff, 2280 Cliff Road. FACTS: ➢ St. John the Baptist Catholic School, based in Savage, 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 . (The application is available from the Office of the City Clerk.) q1 RESOLUTION NO. CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT ST. JOHN THE BAPTIST CATHOLIC SCHOOL WHERAS, St. John the Baptist Catholic School has applied for an Exempt Permit to conduct a raffle on April 27, 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 St. John the Baptist Catholic School to conduct a raffle on April 27, 2013 at 2280 Cliff Road. Motion by: Seconded by: Those in favor: Those against: Date: February 19, 2013 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 19" day of February, 2013. City Clerk OEM Agenda Information Memo February 19, 2013 Eagan City Council Meeting W. CONTRACT 13 -01, CEDAR GROVE BOULEVARD CONDUIT RELOCATION ACTION TO BE CONSIDERED: Approve a Special Construction Proposal for the relocation of existing CenturyLink conduit within Cedar Grove Boulevard and authorize the Mayor to execute all related documents. FACTS: • Contract 13 -01 provides for street and utility improvements for Cedar Grove Boulevard (formerly Cedarvale Boulevard) within the Cedar Grove Redevelopment Area in northwest Eagan as outlined and discussed in the feasibility report for Project 1088, prepared by the consulting firm of Bolton and Menk, Inc. • On December 18, 2012, the City Council held a public hearing for Project 1088. The Council approved the project and authorized the preparation of detailed plans and specifications for the 2013 construction season. • The plans and specifications have been completed and are being presented to the City Council as a separate action on the agenda for their approval and authorization for the advertisement of bids. The bid opening is scheduled for March 26, 2013. • The proposed street and utility improvements will accommodate the relocation of a significant portion of the existing street. As is typical, private utilities have been permitted to locate within the existing public right -of -way. Due to the history of this city street, a turnback of a state highway (Old Sibley Memorial Highway), the nature of the private utilities is more noteworthy than what would typically be expected. • CenturyLink has significant trunk fiber optic lines that will need to be relocated in conjunction with the public improvement. CenturyLink has estimated the cost for the relocation and associated work to be $293,349.87. • The company has submitted a proposal that states the responsibility for the relocation costs belongs to the City of Eagan. City staff do not concur with the proposed cost responsibility, but time is of the essence to move forward with the improvement. • City staff has requested that CenturyLink mediate the disputed cost as to which party is ultimately responsible for the relocation costs as a result of the public improvement project. • An agreement between the City of Eagan and CenturyLink has been prepared providing for the cost of the relocation of CenturyLink facilities within Cedar Grove Boulevard. The agreement requires the City to pay $293,349.87 prior to the commencement of relocation activities. Pending the outcome of the proposed mediation, the cost for the City would be the responsibility of the Major Street Fund. • Public Works staff and the City Attorney's office have reviewed this agreement and found it to be objectionable, but necessary to accommodate the Contract 13 -01 schedule and accordingly in order for favorable Council action. Agenda Information Memo February 19, 2013 Eagan City Council Meeting PUBLIC HEARING A. PROJECT 1116, DUCKWOOD CROSSINGS (CRESTRIDGE DRIVE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1116 (Duckwood Crossings (Crestridge Drive) - 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 Duckwood Crossings (Crestridge Drive), a local street serving a commercial area in central 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 rehabilitation of this street. • On January 15, 2013, the feasibility report for Project 1116 was presented to the City Council and a Public Hearing was scheduled for February 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on February 11 for the adjacent property owners to discuss the proposed improvements. Of the 6 commercial properties proposed to be assessed under this improvement, 6 representatives of 3 parcels 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 6 J through �t3 . • Neighborhood Meeting Minutes, pages t I q through 0H A :gam.. { -� � gm We TM 1ri s f 4 I *w:61 tit LL AhL City of Eap Me�o To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 15, 2013 Re: Duckwood Crossings (Crestridge Drive) Street Revitalization City Project No.: 1116 Attached is our report for the Duckwood Crossings (Crestridge Drive) Street Revitalization, City Project No. 1116. 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 Minnesate. Date: Reviewed By: 6041V" 74-2�4 apartment of Public Works Reviewed By: Finance a ment"\ - Date: 2/l 1 13 Date: ND Aaron Nelson Reg. No. 45795 TABLE OF CONTENTS ExecutiveSummary ...................................................................... ............................... 1 Introduction /History .................................................................... ............................... 2 Scope............................................................................................. ..............................3 Area To Be Included ...................................... ............................... ..............3 .................. StreetPavement Evaluation ...............:........................................... ..............................3 ProposedImprovements ................................................................ ..............................4 Easements /Permits ........................................................................ ..............................6 Feasibility /Recommendations ........................................................ ..............................6 CostEstimate ................................................................................. ..............................6 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 2 3 Location Map Street Improvement /Assessment Area Map Typical Section — Mill & Overlay TAI Executive Summary 1116 987 feet 1992 1998 and 2008 South of 1 -35E West of Pilot Knob Road (CSAH 31) Project Details • Roadway resurfacing (edge mill and 1- PC[ Rating 54/100 1/2" overlay) Recommended Patch /Repair and • Replacement of damaged curb & gutter Improvement Overlay • Adjustment /Replacement of: • Sanitary /Storm sewer Curb Removal 5% Scope o Utility castings • Water gate valves • Street signage Residential Lots - • Driveway apron repairs /replacement Commercial /Industrial 6 • Construction of a 6' concrete sidewalk Public Facility Lots - • Installation of a retaining wall Cost Estimate/ Revenue Background Project Name Duckwood Crossings Project # - (Crestridge Drive) - Street Area 3,290 sq. yds. Street Length - Sidewalk Construction $ 67,800 Constructed - Total $142,600 Reconstructed Streets Included Crestridge Drive Crack Sealed Seal Coated Absolute Location E % of Section 16 Relative Township 27, Range 23 Location 1116 987 feet 1992 1998 and 2008 South of 1 -35E West of Pilot Knob Road (CSAH 31) Project Details • Roadway resurfacing (edge mill and 1- PC[ Rating 54/100 1/2" overlay) Recommended Patch /Repair and • Replacement of damaged curb & gutter Improvement Overlay • Adjustment /Replacement of: • Sanitary /Storm sewer Curb Removal 5% Scope o Utility castings • Water gate valves • Street signage Residential Lots - • Driveway apron repairs /replacement Commercial /Industrial 6 • Construction of a 6' concrete sidewalk Public Facility Lots - • Installation of a retaining wall Cost Estimate/ Revenue Duckwood Crossings (Crestridge Drive) Property City Mill & Overlay w/ Signage $ 45,000 $ 45,000 - Repair Existing Concrete Curb & Gutter $ 7,900 - $ 7,900 Concrete Entrance Replacement $ 21,900 $ 21,900 - Sidewalk Construction $ 67,800 $ 67,800 - Total $142,600 $ 134,700 (94 %) $7,900(6%) Duckwood Crossings (Crestridge Drive) January 15, 2013 Neighborhood Street Revitalization Duckwood Crossings (Crestridge Drive) Eagan, Minnesota •Ry 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 987 feet of local street in the Duckwood Crossings development (Crestridge Drive) that serves a commercial area in central 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 1992. 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 21 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 2008. 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. Duckwood Crossings (Crestridge Drive) 6 (� 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 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. $cope This project will provide resurfacing (edge mill and overlay) for approximately 987 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, replacement of street signage, repairs /replacement of concrete driveway aprons, construction of a 6 foot wide concrete sidewalk, installation of a retaining wall and relocating two hydrants to accommodate the sidewalk within the right -of -way. • ra. Area To Be Included Properties included in the project lie within the E %, Section 16, lying South of 1 -35E, West of Pilot Knob Road (CSAH 31), 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 rankings for the street segments have a weighted average pavement condition rating of 54 for Duckwood Crossings (Crestridge Drive), which falls in the "Patch /Repair and /or Duckwood Crossings (Crestridge Drive) k00 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 construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require more substantial rehabilitation. 1;�>Proposed Improvements Pavement - The proposed street improvements for Duckwood Crossings (Crestridge Drive) are shown in Figure 3. The existing street section for this roadway consists of 4" bituminous pavement supported by 8" gravel base. ►''� The existin g bituminous surface will be ►' milled adjacent to the existing curb and ► ►' gutter (6' -8' wide) to accommodate a - 1% -inch bituminous overlay. The 1 :r overlay, combined with the existing street section, will provide a street section consistent with current City standards for commercial 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 5% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with seed. While the contractor who performs the work is responsible for its establishment (45 days), 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. , Two fire Duckwood Crossings (Crestridge Drive) � 0 k hydrants will need to be relocated into the drainage and utility easement to accommodate the construction of the proposed 6' wide concrete sidewalk. Sidewalk /Path & Pedestrian Ramp — To provide a safe and efficient pedestrian movement for this mixed used commercial area, and for consistency with other similar commercial /retail areas throughout the city, construction of a 6' wide concrete sidewalk is proposed for the entire length of the north /west side of Crestridge Drive. Construction of the sidewalk will require a small retaining wall to be constructed between the two hotels and south of the southern hotel, and also some utilities (two hydrants) will require relocation. Each of the adjacent properties have drainage and utility easements behind the right -of -way, however, a 5' trail easement is desired on top of the drainage and utility easement in front of the Wendy's property due to limited right -of- way. The sidewalk will be constructed with pedestrian ramps and truncated domes to meet ADA requirements. Concrete Entrance Repairs /Replacement — One s property along Crestridge Drive currently has a bituminous driveway entrance, and several have concrete aprons that are in disrepair, and are proposed to be repaired or 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. Duckwood Crossings ( Crestridge Drive) 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. • r.. Easement/Perm its All work will be in the public right -of -way and drainage and utility easement. A 5 foot wide trail easement is anticipated along the entire northern property line of 3655 Pilot Knob Road (Wendy's). It is anticipated the only permit necessary will be from Dakota County for work within the Pilot Knob Road (CSAH 31) right -of -way. •vr 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. -rs.. 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. Duckwood Crossings (Crestridge Drive) `C) A summary of the costs is as follows: Duckwood Crossings (Crestridge Drive) Mill & Overlay w/ Signage ............................ ............................... $ 45,000 Repair Existing Concrete Curb & Gutter ....... ............................... $ 7,900 Concrete Entrance Replacement .................. ............................... $ 21,900 Sidewalk Construction .................................. ............................... $ 67,800 Total............................................ ............................... $142,600 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 local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Mill & Overlay - Commercial /Industrial Repair Existing Concrete Curb & Gutter Concrete Entrance Replacement Sidewalk Construction Assessment Ratio Property City 100% - - 100% 100% - 100% - Commercial /Industrial /Public Facility Lots All commercial, industrial, and /or public facility lots as shown on Figure 2 within the project area are proposed to be assessed. The estimated assessment amount based on the City's Assessment Policy is $3,290 /net acre for mill & overlay improvements, $4,960 /net acre for sidewalk construction, and $110 /SY for driveway apron repair /replacement and is calculated as follows: Property Address Gross Acres Net Acres 3615 Pilot Knob Road 0.94 0.94 3625 Pilot Knob Road 2.01 2.01 3655 Pilot Knob Road 1.33 1.32 3635 Crestridge Drive 8.02 5.46 3615 Crestridge Drive 1.74 1.74 1440 Duckwood Drive 2.21 2.21 TOTAL 16.25 13.68 Street Assessment 1,974' (Total Frontage) / 1,974' (Commercial Frontage) = 100% Commercial Frontage $45,000 (Mill & Overlay Costs) x 100% Commercial Frontage / 13.68 Net Acres = $3,290 /Net Acre Duckwood Crossings (Crestridge Drive) OH_ Sidewalk Assessment 1,974' (Total Frontage) / 1,974' (Commercial Frontage) = 100% Commercial Frontage $67,800 (Sidewalk Costs) x 100% Commercial Frontage / 13.68 Net Acres = $4,960 /Net Acre Driveway Apron Assessment $21,900 (Driveway Apron Costs) / 198 SY = $110 /SY -� 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, 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 commercial assessment for every $1,000 assessed with an estimated 3.5% interest, and assumes 14 months interest for the first year: - - - - -- I r - - - Principal Per Year - I Interest Per Year —_ C Cost —____ � Per Year __ First Year ^ $100 $41 { { $141 Tenth Year $ $100 ( (� $ 4 —' -$104 Bonds may be issued to finance the improvements. �Revenue Source A summary of revenue sources is listed below: Project Cost Property City Assessment Contribution Mill and Overlay (Including Signage) $ 45,000 $ 45,000 - Repair Existing Curb & Gutter $ 7,900 - $ 7,900 Concrete Entrance Replacement $ 21,900 $ 21,900 - Sidewalk Construction $ 67,800 $ 67,800 - Totals $ 142,600 $ 134,700 $ 7,900 The City's Major Street Fund will finance the estimated project deficit of $7,900 (6% of total). Duckwood Crossings (Crestridge Drive) [)�T The City's Major Street Fund will finance the estimated project deficit of $7,900 (6% of total). Duckwood Crossings (Crestridge Drive) [)�T • rte. Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................... ............................... ........................January 15, 2013 Informational Meeting .............................................. ............................... February 11, 2013 Public Hearing ........................................................... ............................... February 19, 2013 Approve Plans and Specifications ................................... ............................... March 5, 2013 . BidDate .................................................. ............................... ..........................April 11, 2013 AwardContract ...................................... ............................... ..........................April 16, 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 Duckwood Crossings (Crestridge Drive) (9 r0 Item No. Appendix A Preliminary Cost Estimate City Project 1116 - Duckwood Crossing / Crestridge Drive Item Unit Unit Price Est Estimated Qty I Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $2,680.00 1 $ 2,680.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 1320 $ 2,112.00 2357.502 Bituminous Material for Tack Coat GAL $2.75 200 $ 550.00 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 305 $ 17,690.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 5 $ 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 Frame and Ring Casting (Manhole) EA $425.00 4 $ 1,700.00 2582.501 Pavement Message Arrow (Right) - Epoxy EA $100.00 1 $ 100.00 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 740 $ 370.00 2582.502 4" Solid Line White -Epoxy LF $0.25 110 $ 27.50 SP -1 Signage Remove & Replace LS $4,025.00 1 $ 4,025.00 2563.601 Traffic Control LS $2,000.00 1 $ 2,000.00 Subtotal Subtotal 5% Contingency 30% Indirect Costs Part I - Bituminous Street Overlay Duckwood Crossings (Crestridge Drive) voll t ct? aqa sn $ 1,646.73 $ 34,581.23 $ 10,374.37 $ 44,955.59 Item No. Item Unit Unit Price Est Estimated Qty Cost Part II - Repair Existing Curb & Gutter 2104.505 Remove Concrete Driveway /Valley Gutter 2104.505 Remove Bituminous Pavement 2105.501 2104.501 Remove Concrete Curb and Gutter LF $6.50 105 $ 682.50 2104.503 Remove Bituminous Trail Pavement SF $1.15 40 $ 46.00 2104.505 Remove Concrete Valley Gutter SY $15.00 2 $ 30.00 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 5 $ 500.00 2504.602 Repair Sprinkler Head EA $70.00 5 $ 350.00 2504.602 Repair Sprinkler System EA $375.00 1 $ 375.00 2506.602. Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 2 $ 800.00 2506.602 Remove & Replace Casting (Catch Basin) EA $650.00 1 $ 650.00 2531.501 Concrete Curb and Gutter, 8618 LF $16.15 105 $ 1,695.75 2531.507 Concrete Valley Gutter - High Early SY $54.00 2 $ 108.00 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 15 $ 120.00 2575.551 Compost, Grade 1 TON $40.00 1 $ 40.00 Subtotal $ 5,759.75 5% Contingency $ 287.99 Subtotal $ 6,047.74 30% Indirect Costs $ 1,814.32 Part II - Repair Existing Curb & Gutter $ 7,862.06 Item No. Item Part III - Concrete Entrance Replacement 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) 2531.507 Repair 7" Concrete Driveway Pavement - High Early 2575.609 Seeding (MnDOT 270 w /Type 5 Hydromulch) 2575.551 Select Topsoil /Compost (Grade 1) mix Subtotal Subtotal 5% Contingency 30% Indirect Costs Part III - Concrete Entrance Replacement Duckwood Crossings (Crestridge Drive) �o U n it Unit Price Est Estimated Qty Cost SY $20.00 151 $ 3,020.00 SY $13.00 45 $ 585.00 CY $24.00 20 $ 480.00 TON $24.50 20 $ 490.00 TON $100.00 5 $ 500.00 SY $56.25 194 $ 10,912.50 SY $8.00 6 $ 48.00 TON $40.00 1 $ 40.00 $ 16,075.50 $ 803.78 $ 16,879.28 $ 5,063.78 $ 21,943.06 Item No. Item Unit Unit Price Est Qty Estimated Cost Part IV- 6' Concrete Sidewalk 2104.501 Remove Concrete Curb and Gutter LF $8.15 90 $ 733.50 2104.505 Remove Concrete Driveway /Valley Gutter SY $20.00 30 $ 600.00 2105.501 Common Excavation CY $24.00 210 $ 5,040.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $24.50 110 $ 2,695.00 2411.618 Modular Block Retaining Wall SF $25.00 300 $ 7,500.00 2504.602 Adjust Gate Valve Box EA $110.00 1 $ 110.00 2504.602 Relocate Hydrant EA $3,000.00 2 $ 6,000.00 2504.602 Repair Sprinkler Head EA $70.00 8 $ 560.00 2504.602 Repair Sprinkler System EA $375.00 3 $ 1,125.00 2521.501 4" Concrete Sidewalk SF $3.00 4524 $ 13,572.00 2531.501 Concrete Curb and Gutter, 8618 LF $16.15 90 $ 1,453.50 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $56.25 30 $ 1,687.50 2575.609 Seeding (MnDOT 270 w /Type 5 Hydromulch) SY $8.00 600 $ 4,800.00 2575.551 Select Topsoil /Compost (Grade 1) mix TON $40.00 40 $ 1,600.00 Subtotal Subtotal 5% Contingency 30% Indirect Costs 5' Trail Easement (188.49'x 5'x $3 /sf = $2,828.35) Part IV- 6' Concrete Sidewalk Part I - Bituminous Street Overlay Part 11- Repair Existing Curb & Gutter Part III - Concrete Entrance Replacement Part IV- 6' Concrete Sidewalk Project 1116 Total Cost Duckwood Crossings (Crestridge Drive) 09 $ 47,476.50 $ 2,373.83 $ 49,850.33 $ 14,955.10 $ 3,000.00 $ 67,805.42 $ 44,955.59 $ 7,862.06 $ 21,943.06 $ 67,805.42 $ 142,566.13 Appendix B Preliminary Assessment Roll City Project 1116 - Duckwood Crossing /Crestridge Drive Street Assessment Rate $3,290 / net acre Sidewalk Assessment Rate $4,960 / net acre Driveway Apron Rate $110 / SY Duckwood Drive Commercial /Industrial /Office P.I.N. Net SY Driveway Total Street Total Sidewalk Driveway Apron Total Acres Repairs Assessment Assessment Assessment 1440 DUCKWOOD DRIVE 10- 58350 -01 -010 2.21 44 $ 7,271 $ 10,962 $ 4,840 $ 23,073 Pilot Knob Road Commercial /Industrial /Office P.I.N. Net SY Driveway Total Street Total Sidewalk Driveway Apron Total Acres Repairs Assessment Assessment Assessment 3615 PILOT KNOB ROAD 10- 21850 -01 -010 0.94 19 $ 3,093 $ 4,662 $ 2,090 $ 9,845 3625 PILOT KNOB ROAD 10- 21850 -01 -020 2.01 3 $ 6,613 $ 9,970 $ 330 $ 16,913 3655 PILOT KNOB ROAD 10-21850-02-010 1.32 39 $ 4,343 $ 6,547 $ 4,290 $ 15,180 Subtotal 4.27 61 $ 14,048 $ 21,179 $ 6,710 $ 41,938 Crestridge Drive Commercial /Industrial /Office P.I.N. Net SY Driveway Total Street Total Sidewalk Driveway Apron Total Acres Repairs Assessment Assessment Assessment 3615 CRESTRIDGE DRIVE 10- 77150 -01 -020 1.74 54 $ 5,725 $ 8,630 $ 5,940 $ 20,295 3635 CRESTRIDGE DRIVE 10- 77150 -01 -010 5.46 39 $ 17,963 $ 27,082 $ 4,290 $ 49,335 Subtotal 7.2 93 $ 23,688 $ 35,712 $ 10,230 $ 69,630 Total Street Assessments 13.68 198 $ 45,007 $ 67,853 $ 21,780 $ 134,640 Total Assessments $ 134,640 Commercial /Industrial Frontage 1974 100.0% Non- Assessable Frontage 0 0.0% Total Frontage 1974 100.0% Duckwood Crossings (Crestridge Drive) `�0 W. Offi Duckwood Crossings ( Crestridge Dr.) City of Eap Street Revitalization - Project 1116 Fig. 1 Engineering Department Location Map ®ffll / ■I qTW Duckwood Crossings ( Crestridge Dr.) Street Revitalization - Project 1116 City of Emil Sidewalk Construction L N � FIG. 2 Date: 12/20/2012 EDGE MILL (6' -8' wide) 7 ZeCONCRETE SIDEWALK VL. J 11V VRL V!'11 C OHOC Existing Typical Section 60' ROW 31'/ 42' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 4" BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section CURB JTTER REPLACE EX. CURB & GUTTER AS DIRECTED 419� p n Duckwood Crossings( Crestridge Dr.) City �f l �Q��ll Fig.3 Engineering Department Typical Sections - Project 1116 Duckwood Crossings (Crestridge Drive) Street Revitalization City Project No. 1116 Informational Meeting — 2:30 P.M. Monday, February 11, 2013 Conference Room 1AB Attendance Aaron Nelson (Assistant City Engineer), Russ Matthys (Public Works Director), 6 representative of three commercial properties (see attached sign -in sheet). Presentation of Proiect Details Nelson welcomed the business representatives and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. The remainder of the meeting was conducted as an informal conversation to address all questions, comments, and concerns regarding the project. uestions / Comments 1. In front of the southern hotel, there appears to be a groundwater issue. Will the City review it before constructing the sidewalk? City staff is aware of the issue and will be testing it to determine if it is groundwater or city water. The results of the test will be shared with the adjacent business owner. 2. Will the road be open during construction? Will access be maintained to driveways? All roads will be open to traffic during construction. We do not anticipate any road closures during the work, however, some phases will require short term lane closures and the contractor will use traffic control devices or flagmen to help direct traffic. Access to driveways should be maintained throughout construction. If driveway aprons need to be repaired or replaced, if multiple accesses are available, one will remain open for traffic or half the driveway will be replaced at a time. 3. If their driveway apron needs to be repaired, can they hire their own contractor to do the work? The City will perform any work that need to be completed. If they make the repairs before the project is complete, the city will not include that work in its contract. 4. Will the evergreen trees in the private property be impacted by the sidewalk construction? Staff will mark the construction limits and have the City Forester review the trees to determine if any need to be removed. If trees will be impacted, the city will discuss options with the property owner. 5. Why is the sidewalk proposed for the west side of the road? The west side of the road will have more pedestrian activity as it serves the hotels and medical clinic, so it's ideal to construct it on that side of the road. 6. Who plows the sidewalk? Which sidewalks and trails are plowed by the city is determined and approved on an annual basis. Staff will identify this area as a potential maintenance location and bring it to the City Council for consideration. If approved, the city will start plowing in 2014. 7. Can we use a seed mix that does not require irrigation? This is a commercial roadway in front of commercial businesses. The seed mix proposed is a Mn /DOT specification used for lawn turf, which does include Kentucky Bluegrass, and will require regular maintenance and irrigation. If there are areas away from the boulevard that require restoration, a different mix can be considered, but adjacent to the road the specified mix is being proposed. 8. What type of retaining wall material will be used and will any landscaping be installed around it? The wall will be constructed with a modular block material and no landscaping is proposed around it. 9. The hotel's busy season is June through August. Can this project avoid this time period? Staff will review the schedule and look at a May construction time period for this project area. The meeting adjourned at 3:45 p.m. i-A AOL- INFORMATIONAL MEETING Duckwood Crossings / Crestridge Drive Neighborhood Street Revitalization City of Won Project 1116, Contract 13 -04 Monday, February 11, 2013 2:30 p.m. — Conference Room 1AB NAME ADDRESS PHONE NO. 1. w'Io11 k TV' 15 19- 1.1 RVT h ww'e s I'le/o b&(-Ce'rwaod. bps ►p, 9sa gIla- 5? a 3. V)v 4. Agenda Information Memo February 19, 2013 Eagan City Council Meeting PUBLIC HEARING B. PROJECT 1059, EAGAN WOODS OFFICE PARK STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1059 (Eagan Woods Office 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 Eagan Woods Office Park, including local commercial/ industrial streets in northwest 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 rehabilitation of this street. • On January 15, 2013, the feasibility report for Project 1059 was presented to the City Council and a Public Hearing was scheduled for February 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on February 11 for the adjacent property owners to discuss the proposed improvements. Of the 6 commercial properties 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 11'J through I?) . W0 �€ 71 1 377 r T.Z VC ' s1�� f: MRAW - - { F ,AU4 4? use AfihL- City of Eap Memo To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 15, 2013 Re: Eagan Woods Office Park Street Revitalization City Project No.: 1059 Attached is our report for the Eagan Woods Office Park Street Revitalization, City Project No. 1059. 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. Date: Reviewed By: epartment of Public Works Reviewed By: Finao l apartment Date: /y�13 Date: 112 Ll 13 M Nelson Reg. No. 45795 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 ................................................................................. ..............................5 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 `�O� Executive Summary Background Project Name Eagan Woods Office Project # 1059 $ 57,000 - park Total $ 70,300 $ 57,000 (81 %) Street Area 4,047 sq. yds. Street Length 1,020 feet (0.2 miles) Constructed 1985 Corporate Center Dr. Reconstructed - Crack Sealed 1990 Streets Included Eagan Woods Dr. Seal Coated 1990 and 2005 Absolute Location NE % of Section 4 Relative Location South of 1 -494 Township 27, Range 23 West of Pilot Knob Road Project Details PC[ Rating 63/100 • Roadway resurfacing Recommended Patch /Repair and • Replacement of damaged curb & Improvement Overlay gutter Curb Removal 7% Scope • Adjustment /Replacement of: o Sanitary /Storm sewer o Utility castings Residential Lots - o Water gate valves Commercial /Industrial 6 o Street signage Public Facility Lots - Cost Estimate/ Revenue Eagan Woods Office Park %,Do Property City Mill & Overlay w/ Signage $ 57,000 Repair Existing Concrete Curb & Gutter $ 13,300 $ 57,000 - - $13,300 Total $ 70,300 $ 57,000 (81 %) $ 13,300 (19 %) Eagan Woods Office Park %,Do January 15, 2013 Neighborhood Street Revitalization Eagan Woods Office Park Eagan, Minnesota <�-aaIntroductionl 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 0.2 miles of local streets in the Eagan Woods Office Park in northwest Eagan has been identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The street in this commercial area was constructed in 1985. 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 28 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 1990 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 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 Eagan Woods Office Park [aI 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. 1;�>Scope This project will provide resurfacing (edge mill and overlay) for approximately 1,020 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 replacement of street signage. Area To Be Included Properties included in the project lie within the NE %, Section 4, lying South of 1 -494, West of Pilot Knob Road, 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 rankings for the street segments have a weighted average pavement condition rating of 63 for the Eagan Woods Office Park, which falls slightly above the rankings of the "Patch /Repair and /or Overlay" category, as mentioned above. However, the street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2013 construction season Eagan Woods Office Park to 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 more substantial rehabilitation. �Proposed Improvements Pavement - The proposed street improvements for the Eagan Woods Office Park are shown in Figure 3. The existing street section for this _ roadway consists of 4 -1/2" bituminous pavement supported by 6" gravel base. The existing t bituminous surface will be milled adjacent to the t existing curb and gutter (6' -8' wide) to accommodate a 1% -inch bituminous overlay. The overlay, combined with the existing street section, i- will provide a street section consistent with current - City standards for commercial 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 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 (45 days for seed), 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. Eagan Woods Office Park 0 y Street Lights —The street lights in the proJeCL area (maintained by Xcel Energy) are also in good condition and provide adequate coverage. modifications to the existing street lights are proposed. No •rk Easement Permits All work will be in the public right -of -way. No additional easements are anticipated. It is anticipated the only permit necessary will be from Dakota County for work within the Pilot Knob Road (CSAH 31) 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. 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. ;rte 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: Eagan Woods Office Park Mill & Overlay w/ Signage ............. ............................... $ 57,000 Repair Existing Concrete Curb & Gutter ....................... $ 13,300 Total............................. ............................... $ 70,300 Eagan Woods Office Park )aq 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 - Commercial /Industrial /Public Facility 100% - Repair Existing Concrete Curb & Gutter - 100% Commercial /Industrial /Public Facility Lots - All commercial, industrial, and office properties, as shown on Figure 2 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 street width. The estimated assessment rate, based on the City's Assessment Policy, is $1,517/Net Acre and is calculated as follows: $57,000 (Mill and Overlay Costs) x 100% / 37.57 Acres = $1,517/Net Acre The estimated assessment for each property, based on their net acreage, is shown below: 2655 Eagan Woods Drive: $1,517 x 15.00 Ac = $22,755 10- 22551 -00 -010: $1,517 x (10.06 Ac - 0.88 Ac D/U easement) _ $13,927 2600 Eagan Woods Drive: $1,517 x (6.61 Ac - 0.69 Ac D/U easement) _ $ 8,982 10- 22550 -00 -010: $1,517 x 4.04 Ac = $ 6,130 2640 Eagan Woods Drive: $1,517 x 1.81 Ac = $ 2,747 2660 Eagan Woods Drive: $1,517 x 1.62 Ac = $ 2,459 •ak Assessment Financing Options $57,000 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, 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 $1,000 assessment with an estimated 3.5% interest, and assumes 14 months interest for the first year: Eagan Woods Office Park \1'�! Principal Per Year Interest Per Year Cost Per Year -I First Year 7- -- -$100 F— $41 I - -_ -_ $141 Tenth Year r— $100 I ^ $ 4 _ __ $104 Eagan Woods Office Park \1'�! 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 $13,300 (19% of total). yam Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................... ............................... ........................January 15, 2013 Informational Meeting .............................................. ............................... February 11, 2013 PublicHearing ........................................................... ............................... February 19, 2013 Approve Plans and Specifications ................................... ............................... March 5, 2013 BidDate .................................................. ............................... ..........................April 11, 2013 AwardContract ...................................... ............................... ..........................April 16, 2013 StartConstruction .............................................................. ............................... May 1, 2013 ProjectCompletion ........................................................... ............................... August, 2013 Final Cost Report .................................... ............................... .....................September, 2013 FinalAssessment Hearing ............................. ............................... ..........................Fall, 2013 First Payment Due with Property Tax Statement ............ ............................... May 15, 2014 Eagan Woods Office Park j3(0 Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 57,000 $ 57,000 - Repair Existing Curb & Gutter $ 13,300 - $ 13,300 Totals $ 70,300 $ 57,000 $ 13,300 The City's Major Street Fund will finance the estimated project deficit of $13,300 (19% of total). yam Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................... ............................... ........................January 15, 2013 Informational Meeting .............................................. ............................... February 11, 2013 PublicHearing ........................................................... ............................... February 19, 2013 Approve Plans and Specifications ................................... ............................... March 5, 2013 BidDate .................................................. ............................... ..........................April 11, 2013 AwardContract ...................................... ............................... ..........................April 16, 2013 StartConstruction .............................................................. ............................... May 1, 2013 ProjectCompletion ........................................................... ............................... August, 2013 Final Cost Report .................................... ............................... .....................September, 2013 FinalAssessment Hearing ............................. ............................... ..........................Fall, 2013 First Payment Due with Property Tax Statement ............ ............................... May 15, 2014 Eagan Woods Office Park j3(0 Appendix A Preliminary Cost Estimate City Project 1059 Eagan Woods Office Park Item No. Item Unit Unit Price Est Estimated 2021.501 Mobilization LS Qty Cost Subtotal $ 41,777.50 5% Contingency $ 2,088.88 Subtotal $ 43,866.38 30% Indirect Costs $ 13,159.91 Part I - Bituminous Street Overlay $ 57,026.29 Eagan Woods Office Park G9 Part I - Bituminous Street Overlay 2021.501 Mobilization LS $3,500.00 1 $ 3,500.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 1500 $ 2,400.00 2357.502 Bituminous Material for Tack Coat GAL $2.75 280 $ 770.00 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 430 $ 24,940.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 8 $ 800.00 2504.602 Adjust Gate Valve Box EA $110.00 4 $ 440.00 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 1 $ 210.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 5 $ 2,125.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $750.00 1 $ 750.00 2582.501 Pavement Message Arrow (Right) - Epoxy EA $100.00 2 $ 200.00 2582.501 Pavement Message Arrow (Thru) - Epoxy EA $100.00 2 $ 200.00 2582.502 24" Solid Line White - Epoxy LF $7.00 40 $ 280.00 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 705 $ 352.50 2582.502 4" Solid Line White -Epoxy LF $0.25 340 $ 85.00 SP -1 Signage Remove & Replace LS $1,300.00 1 $ 1,300.00 2563.601 Traffic Control LS $2,000.00 1 $ 2,000.00 Subtotal $ 41,777.50 5% Contingency $ 2,088.88 Subtotal $ 43,866.38 30% Indirect Costs $ 13,159.91 Part I - Bituminous Street Overlay $ 57,026.29 Eagan Woods Office Park G9 Item No. Item Unit Unit Price Est Estimated SP WEA340B Wearing Course Mixture (Patch) 2504.602 Repair Residential Sprinkler Head 2504.602 Qty Cost Part II - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter 2211.501 6 "Aggregate Base, CI.5 (100% Crushed) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2504.602 Repair Residential Sprinkler Head 2504.602 Repair Sprinkler System 2506.602 Adjust Frame &Ring Casting (CB -HDPE Rings) 2506.602 Repair Invert/ Dogouse 2506.602 Install 2 x 3 CB Erosion Barrier Shroud 2531.501 Concrete Curb and Gutter, B618 2573.530 Storm Drain Inlet Protection 2575.609 Seeding (MnDOT 270 w /Type 1 Mulch Special) 2575.551 Select Topsoil /Compost (Grade 1) mix Part II Repair Existing Curb & Gutter Part I Bituminous Street Overlay Part II Repair Existing Curb & Gutter TOTAL Eagan Woods Office Park I DB LF $6.50 140 $ 910.00 TON $24.50 5 $ 122.50 TON $100.00 10 $ 1,000.00 EA $70.00 5 $ 350.00 EA $375.00 1 $ 375.00 EA $400.00 7 $ 2,800.00 EA $500.00 1 $ 500.00 EA $150.00 2 $ 300.00 LF $16.15 140 $ 2,261.00 EA $120.00 4 $ 480.00 SY $8.00 50 $ 400.00 TON $40.00 5 $ 200.00 Subtotal $ 9,698.50 5% Contingency $ 484.93 Subtotal $ 10,183.43 30% Indirect Costs $ 3,055.03 $ 13,238.45 $ 57,026.29 $ 13,238.45 $ 70,264.74 Appendix B Preliminary Assessment Roll City Project 1059 - Eagan Woods Office Park Eagan Woods Drive Commercial /Office P.I.N. Acreage a a g Rate Total 2600 Eagan Woods Dr. 10- 22550 -01 -010 5.92 $ 1,517 $ 8,982 2640 Eagan Woods Dr. 10- 18250 -01 -010 1.81 $ 1,517 $ 2,747 2660 Eagan Woods Dr. 10- 47263 -01 -010 1.62 $ 1,517 $ 2,459 2655 Eagan Woods Dr. 10- 22551 -01 -010 15.00 $ 1,517 $ 22,755 Subtotals 24.35 $ 36,943 Eagan Woods Drive PD - Planned Development P.I.N. A ea a g Rate Total Vacant Lot (West side) 10- 22551 -00 -010 9.18 $ 1,517 $ 13,927 Vacant Lot (East side) 10- 22550 -00 -010 4.04 $ 1,517 $ 6,130 Subtotals 13.22 $ 20,057 Total Assessments $ 57,000 Commercial /Office Frontage 2040 100.00% Non - Assessable Frontage 0 0.00% Total Frontage 2040 100.00% Eagan Woods Office Park Eagan Woods Office Park City of Eap Street Revitalization Project Fig. 1 Engineering Department Location Map - Project 1059 liqlb� Eagan Woods Office Park FIG.2 Street Revitalization - Project 1059 City of EaR Street Improvement Area �-�I Date: 12/20/201; EDGE MILL (6' -8' wide) T •1 i -• , 4'/2, BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 60'- 82' ROW / 52' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 4,/2, BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section EX. CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED Eagan Woods Office Park City of Ea�a� g Typical Sections - Project 1059 Fig.3 Engineering Department Agenda Information Memo February 19, 2013 Eagan City Council Meeting PUBLIC HEARING C. PROJECT 1109, RIDGEHAVEN ACRES/RUSTIC HILLS DR. / SKYLINE DR. STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1109 (Ridgehaven Acres /Rustic Hills Drive /Skyline Drive - 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 residential streets in the Ridgehaven Acres /Rustic Hills Drive /Skyline Drive neighborhood in northern 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 rehabilitation of these streets. • On January 15, 2013, the feasibility report for Project 1109 was presented to the City Council and a Public Hearing was scheduled for February 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on February 11 for the adjacent property owners to discuss the proposed improvements. Of the 69 total properties (68 residential parcels and one city owned park) proposed to be assessed under this improvement, 6 residents 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: ''I • Feasibility Report, pages ti 4 through 1T¢.. • Neighborhood Meeting Minutes, pages 1S5 through 159. - =l F k � t - gds.• f 'y � - -s 3 � ;' , E t , `ice t y '� y is t't. .t P t ����'_. .. _ 5 )_ .. .. .,,.:;•.<� ...._#.:.I. ,._, Yom,. ] ,.>a.,:��' i ?.`�� R___ � r. .1. -.�� _�, _ �-tt ANNEEhl- ro MRIEW City of Eap Memo To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 15, 2013 Re: Ridgehaven Acres / Rustic Hills Dr. / Skyline Neighborhood Street Revitalization City Project No.: 1109 Attached is our report for the Ridgehaven Acres / Rustic Hills Dr. / Skyline Neighborhood Street Revitalization, City Project No. 1109. 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: partment of Pubic Works 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 Minnes a. CJ� Aaron Nelson Date: 2J " Reg. No. 45795 Date: Reviewed By: Finance rtment Date: ,.. X35 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 ....................................................... ..............................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 S(o Executive Summary Background Project Details • Roadway resurfacing (edge mill & PCI Rating 44/100 1 -1/2" overlay) Recommended Patch /Repair and • Replacement of damaged curb & Improvement Overlay gutter Curb Removal 6% Scope • Adjustment /Replacement of: • Sanitary /Storm sewer • Utility castings Residential Lots 68 • Water gate valves Commercial /Industrial - • Street signage Parks Parcel 1 Cost Estimate/ Revenue Ridgehaven Acres / City Mill & Overlay w/ Signage $ 232,400 Repair Existing Concrete Curb & Gutter $ 57,400 Project Name Rustic Hills Dr. / Project # 1109 $ 195,400 (67 %) Skyline Street Area 23,021 sq. yds. Street Length 6,424 feet Rustic Hills Drive Constructed 1990 Skyline Court Skyline Drive Reconstructed - Streets Included Skyline Path Crack Sealed - Skyline Road Skyline Trail' Seal Coated 1995 and 2005 Stephanie Circle Absolute Location S % of Section 4 Relative North of Lone Oak Road (CSAH 26) Township 27, Range 23 Location East of TH 13 Project Details • Roadway resurfacing (edge mill & PCI Rating 44/100 1 -1/2" overlay) Recommended Patch /Repair and • Replacement of damaged curb & Improvement Overlay gutter Curb Removal 6% Scope • Adjustment /Replacement of: • Sanitary /Storm sewer • Utility castings Residential Lots 68 • Water gate valves Commercial /Industrial - • Street signage Parks Parcel 1 Cost Estimate/ Revenue Ridgehaven Acres / Rustic Hills Dr. / Skyline � -Yl Property City Mill & Overlay w/ Signage $ 232,400 Repair Existing Concrete Curb & Gutter $ 57,400 $ 94,400 - $ 138,000 $ 57,400 Total $ 289,800 $ 94,400 (33 %) $ 195,400 (67 %) Ridgehaven Acres / Rustic Hills Dr. / Skyline � -Yl January 15, 2013 Neighborhood Street Revitalization Ridgehaven Acres / Rustic Hills Drive / Skyline Eagan, Minnesota 1;�>Ilntroduction/ 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 6,424 feet of residential streets in the Ridgehaven Acres / Rustic Hills Drive / Skyline area in northern Eagan have been identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets in this residential area were constructed in 1990. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20+ years. Overlaying the roadway located within the project area, which is currently in the 23 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 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 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 project area and determined the underground systems are generally in good working order and that no major repairs are necessary. Ridgehaven Acres / Rustic Hills Dr. / Skyline d3� 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 6,424 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 replacement of street signage. Area To Be Included Properties included in the project lie within the S %, Section 4, lying North of Lone Oak Road (CSAH 26), West of Pilot Knob 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: 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 44 for the Ridgehaven Acres / Rustic Hills Drive / Skyline area, which falls in 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 construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require more substantial rehabilitation. Ridgehaven Acres / Rustic Hills Dr. / Skyline Proposed Improvements Pavement - The proposed street improvements for the Ridgehaven Acres / Rustic Hills Drive / Skyline area are shown in Figure 3. The existing street section for this roadway consists of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1% -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City ' 4 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 6% of - s the existing concrete curb and gutter will have to 'j be replaced. Boulevard turf will be removed and replaced with either sod or seed. While the Y 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, 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. _ r _ Ridgehaven Acres / Rustic Hills Dr. / Skyline [40 Sidewalk /Path & Pedestrian Ramp — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. j The most common method of rovidin this P g detectable warnin g g 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 near Highview Park where they currently do not exist. In addition, that trail will receive a 1 -1/2" bituminous overlay as part of the 2013 Trail Overlay project. 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) are also in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. a mom. Easement Permits All work will be in the public right -of -way. No additional easements are anticipated. The only permit anticipated is from Mn /DOT for work within the TH 13 road 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. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. Ridgehaven Acres / Rustic Hills Dr. / Skyline ILA1 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. 4�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 Ridgehaven Acres / Rustic Hills Drive / Skyline Mill & Overlay w/ Signage ........................ Repair Existing Concrete Curb & Gutter.. A summary of the costs is as follows: . ............................... $ 232,400 . ............................... $ 57,400 Total............................................ ............................... $ 289,800 <or 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 Residential Lots — All residential lots (68 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 $1,240/lot and is calculated as follows: $232,400 (Mill & Overlay Costs) / 13,665' (Total F.F.) _ $17.00 /F.F. $17.00 /F.F. x 50% _ $8.50 /Residential F.F. $8.50 /Residential F.F. x 9,952' (Residential Frontage) _ $84,592 (Total Assessment) $84,592 (Total Assessment) / 68 lots = $1,244/lot rounded to $1,240/lot, or $84,320 Total Assessment Community Parks — All City parks (Highview Park) adjacent to streets within the project area, as shown in Figure 2, are proposed to be assessed. The City's Assessment Policy states that 75% of Ridgehaven Acres / Rustic Hills Dr. / Skyline Nla Assessment Ratio Property City Mill & Overlay - Low- Density Residential (R- 1,2,3) 50% 50% Mill & Overlay - Community Park 75% 25% Repair Existing Concrete Curb & Gutter - 100% Residential Lots — All residential lots (68 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 $1,240/lot and is calculated as follows: $232,400 (Mill & Overlay Costs) / 13,665' (Total F.F.) _ $17.00 /F.F. $17.00 /F.F. x 50% _ $8.50 /Residential F.F. $8.50 /Residential F.F. x 9,952' (Residential Frontage) _ $84,592 (Total Assessment) $84,592 (Total Assessment) / 68 lots = $1,244/lot rounded to $1,240/lot, or $84,320 Total Assessment Community Parks — All City parks (Highview Park) adjacent to streets within the project area, as shown in Figure 2, are proposed to be assessed. The City's Assessment Policy states that 75% of Ridgehaven Acres / Rustic Hills Dr. / Skyline Nla the mill and overlay costs are assessable to parks, based on a standard 32 -foot width. The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $12.75 /front foot and is calculated as follows: $232,400 (Mill & Overlay Costs) / 13,665' (Total F.F.) = $17.00 /F.F. $17.00 /F.F. x 75% = $12.75 /Park F.F. $12.75 /Park F.F. x 791' (Park Frontage) = $10,085 (Total Assessment) The remaining frontage within the project area (2,922' or 21 %) is either sideyard or backyard property with no driveway accesses, and therefore not assessable under the City's Assessment Policy. •ak 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, 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 $1,240 with an estimated 3.5% interest for the assessed amounts, and assumes 14 months interest for the first year: Principal Per Year I Interest Per Year I Cost Per Year First Year $248 $51 i $299 Fifth Year ( $248 $ 9 $257 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 $195,400 (67% of total). Ridgehaven Acres / Rustic Hills Dr. / Skyline h Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 232,400 $ 94,400 $ 138,000 Repair Existing Curb & Gutter $ 57,400 - $ 57,400 Totals $ 289,800 $ 94,400 $ 195,400 The City's Major Street Fund will finance the estimated project deficit of $195,400 (67% of total). Ridgehaven Acres / Rustic Hills Dr. / Skyline h 4 va. Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................... ............................... ........................January 15, 2013 Informational Meeting .............................................. ............................... February 11, 2013 PublicHearing ........................................................... ............................... February 19, 2013 Approve Plans and Specifications ................................... ............................... March 5, 2013 BidDate .................................................. ............................... ..........................April 11, 2013 AwardContract ...................................... ............................... ..........................April 16, 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 Ridgehaven Acres / Rustic Hills Dr. / Skyline I L44 Appendix A Preliminary Cost Estimate Citv Proiect 1109 Rideehave Acres/ Rustic Hills Drive / Skvline Item No. Item Unit Unit Price Est Estimated 2021.501 Mobilization LS $3,500.00 Qty Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $3,500.00 1 $ 3,500.00 2104.505 Remove Bituminous Pavement SY $7.50 30 $ 225.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $1.60 9000 $ 14,400.00 2232.501 Mill Bituminous Pavement Full Width (1 -1/4" to 3 -3/4" depth) SY $2.00 700 $ 1,400.00 2357.502 Bituminous Material for Tack Coat GAL $2.75 1390 $ 3,822.50 2360.501 SP WEA240B Wearing Course Mixture (Overlay) TON $58.00 2150 $ 124,700.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 20 $ 2,000.00 2504.602 Adjust Gate Valve Box EA $110.00 7 $ 770.00 2504.602 Repair Gate Valve Mid Section EA $300.00 3 $ 900.00 2504.602 Repair Gate Valve Top Section w /Cover EA $275.00 4 $ 1,100.00 2506.602 Adjust Manhole Casting - Riser Adjustment EA $210.00 19 $ 3,990.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $425.00 11 $ 4,675.00 2506.602 Remove & Replace Frame & Ring Casting (27 ") EA $750.00 1 $ 750.00 2582.502 4" Double Solid Line Yellow- Epoxy LF $0.50 1000 $ 500.00 SP -1 Signage Remove & Replace LS $5,500.00 1 $ 5,500.00 2563.601 Traffic Control LS $2,000.00 1 $ 2,000.00 Subtotal $ 170,232.50 5% Contingency $ 8,511.63 Subtotal $ 178,744.13 30% Indirect Costs $ 53,623.24 Part I - Bituminous Street Overlay $ 232,367.36 Ridgehaven Acres / Rustic Hills Dr. / Skyline item No. Item Unit Unit Price Est Estimated 2104.501 Remove Concrete Curb and Gutter LF $6.50 Qty cost Part If - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter LF $6.50 860 $ 5,590.00 2104.503 Remove Bituminous Trail Pavement SF $1.15 80 $ 92.00 2104.505 Remove Concrete Valley Gutter SY $15.00 31 $ 465.00 2104.523 Salvage Casting EA $110.00 1 $ 110.00 2105.501 Common Excavation EA $24.00 5 $ 120.00 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 25 $ 2,500.00 2504.602 Repair Residential Sprinkler Head EA $70.00 10 $ 700.00 2504.602 Repair Sprinkler System EA $375.00 1 $ 375.00 2506.503 Reconstruct 4' Dia. Manhole LF $500.00 5 $ 2,500.00 2506.521 Install Casting EA $600.00 1 $ 600.00 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 14 $ 5,600.00 2506.602 Remove & Replace Top Slab w /Cstg. R 3501 -TR EA $1,525.00 1 $ 1,525.00 2506.602 Repair Invert/ Dogouse EA $500.00 4 $ 2,000.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $150.00 2 $ 300.00 2521.501 6" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $6.00 120 $ 720.00 2531.501 Concrete Curb and Gutter, B618 LF $16.15 225 $ 3,633.75 2531.501 Concrete Curb and Gutter, Surmountable LF $16.00 635 $ 10,160.00 2531.507 Concrete Valley Gutter - High Early SY $54.00 31 $ 1,674.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $145.00 6 $ 870.00 2540.602 Repair Underground Electric Fence EA $130.00 5 $ 650.00 2540.602 Repair Residential Landscaping EA $350.00 1 $ 350.00 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 95 $ 760.00 2575.551 Select Topsoil /Compost (Grade 1) mix TON $40.00 7 $ 280.00 Subtotal $ 42,059.75 5% Contingency $ 2,102.99 Subtotal $ 44,162.74 30% Indirect Costs $ 13,248.82 Part 11 Repair Existing Curb & Gutter $ 57,411.56 Part I Bituminous Street Overlay $ 232,367.36 Part II Repair Existing Curb & Gutter $ 57,411.56 TOTAL $ 289,778.92 Ridgehaven Acres / Rustic Hills Dr. / Skyline �y(a Appendix B Preliminary Assessment Roll City Project 1109 Ridgehaven Acres / Rustic Hills Drive / Skyline Stephanie Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1567 Stephanie Cir. 10- 63995 -01 -040 1 $ 1,240 $ 1,240 1570 Stephanie Cir. 10- 63995 -01 -050 1 $ 1,240 $ 1,240 1571 Stephanie Cir. 10- 63995 -01 -030 1 $ 1,240 $ 1,240 1574 Stephanie Cir. 10- 63995 -01 -060 1 $ 1,240 $ 1,240 1575 Stephanie Cir. 10- 63995 -01 -020 1 $ 1,240 $ 1,240 1578 Stephanie Cir. 10- 63995 -01 -070 1 $ 1,240 $ 1,240 1579 Stephanie Cir. 10- 63995 -01 -010 1 $ 1,240 $ 1,240 1582 Stephanie Cir. 10- 63995 -01 -080 1 $ 1,240 $ 1,240 1586 Stephanie Cir. 10- 63995 -01 -090 1 $ 1,240 $ 1,240 1587 Stephanie Cir. 10- 63995 -01 -140 1 $ 1,240 $ 1,240 1590 Stephanie Cir. 10- 63995 -01 -100 1 $ 1,240 $ 1,240 1594 Stephanie Cir. 10- 63995 -01 -110 1 $ 1,240 $ 1,240 1595 Stephanie Cir. 10- 63995 -01 -130 1 $ 1,240 $ 1,240 1598 Stephanie Cir. 10- 63995 -01 -120 1 $ 1,240 $ 1,240 Subtotal 14 $ 17,360 Skyline Drive R -1 Residential P.1.N. Lot Equivalent Unit Assessment Total 1454 Skyline Dr. 10- 77250 -00 -100 1 $ 1,240 $ 1,240 2825 Skyline Dr. 10- 00400 -56 -020 1 $ 1,240 $ 1,240 2890 Skyline Dr. 10- 58500 -00 -010 1 $ 1,240 $ 1,240 1548 Skyline Dr. 10- 20300 -02 -020 1 $ 1,240 $ 1,240 1544 Skyline Dr. 10- 20300 -02 -030 1 $ 1,240 $ 1,240 1540 Skyline Dr. 10- 20300 -02 -040 1 $ 1,240 $ 1,240 1536 Skyline Dr. 10- 20300 -02 -050 1 $ 1,240 $ 1,240 2896 Skyline Dr. 10- 54100 - 01,010 1 $ 1,240 $ 1,240 2900 Skyline Dr. 10- 54100 -01 -020 1 $ 1,240 $ 1,240 2902 Skyline Dr. 10- 20300 -02 -060 1 $ 1,240 $ 1,240 2904 Skyline Dr. 10- 32450 -01 -010 1 $ 1,240 $ 1,240 2925 Skyline Dr. 10- 58800 -01 -080 1 $ 1,240 $ 1,240 Ridgehaven Acres / Rustic Hills Dr. / Skyline 149 2933 Skyline Dr. 10- 58800 -01 -090 1 $ 1,240 $ 1,240 2946 Skyline Dr. 10- 43500 -01 -010 1 $ 1,240 $ 1,240 2949 Skyline Dr. 10- 58800 -02 -040 1 $ 1,240 $ 1,240 2950 Skyline Dr. 10- 88800 -00 -131 1 $ 1,240 $ 1,240 2953 Skyline Dr. 10- 45500 -01 -010 1 $ 1,240 $ 1,240 $ 1,240 Subtotal 17 1 $ 21,080 Skyline Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1534 Skyline Court 10- 58800 -01 -070 1 $ 1,240 $ 1,240 1537 Skyline Court 10- 58800 -01 -010 1 $ 1,240 $ 1,240 1545 Skyline Court 10- 58800 -01 -020 1 $ 1,240 $ 1,240 1550 Skyline Court 10- 58800 -01 -060 1 $ 1,240 $ 1,240 1553 Skyline Court 10- 58800 -01 -030 1 $ 1,240 $ 1,240 1558 Skyline Court 10- 58800 -01 -050 1 $ 1,240 $ 1,240 1561 Skyline Court 10- 58800 -01 -040 1 $ 1,240 $ 1,240 1579 Skyline Trl. Subtotal 7 $ 1,240 $ 8,680 Skyline Trail R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1546 Skyline TO. 10- 58800 -02 -030 1 $ 1,240 $ 1,240 1540 Skyline TH. 10- 58801 -01 -020 1 $ 1,240 $ 1,240 Vacant Lot 10- 58800 -01 -100 1 $ 1,240 $ 1,240 1555 Skyline TH. 10- 58800 -01 -110 1 $ 1,240 $ 1,240 1560 Skyline Trl. 10- 58801 -01 -010 1 $ 1,240 $ 1,240 1563 Skyline TH. 10- 58800 -01 -120 1 $ 1,240 $ 1,240 1571 Skyline Trl. 10- 58800 -01 -130 1 $ 1,240 $ 1,240 1579 Skyline Trl. 10- 58800 -01 -140 1 $ 1,240 $ 1,240 1580 Skyline Trl. (Vacant Lot) 10- 52190 -01 -010 1 $ 1,240 $ 1,240 Subtotal 9 $ 11,160 Ridgehaven Acres / Rustic Hills Dr. / Skyline I ko Skyline Path R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1587 Skyline Path 10- 58800 -01 -150 1 $ 1,240 $ 1,240 1592 Skyline Path 10- 58800 -03 -040 1 $ 1,240 $ 1,240 1595 Skyline Path 10- 58800 -01 -160 1 $ 1,240 $ 1,240 1600 Skyline Path 10- 58800 -03 -030 1 $ 1,240 $ 1,240 1603 Skyline Path 10- 58800 -01 -170 1 $ 1,240 $ 1,240 1608 Skyline Path 10- 58800 -03 -020 1 $ 1,240 $ 1,240 1610 Skyline Path 10- 69050 -01 -010 1 $ 1,240 $ 1,240 1611 Skyline Path 10- 58800 -01 -180 1 $ 1,240 $ 1,240 1436 Skyline Road Subtotal 8 $ 1,240 $ 9,920 Skyline Road R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1475 Skyline Road 10- 32450 -01 -020 1 $ 1,240 $ 1,240 1474 Skyline Road 10- 43500 -01 -020 .1 $ 1,240 $ 1,240 1471 Skyline Road 10- 32450 -01 -030 1 $ 1,240 $ 1,240 1470 Skyline Road 10- 77250 -00 -132 1 $ 1,240 $ 1,240 1467 Skyline Road 10- 32450 -01 -040 1 $ 1,240 $ 1,240 1465 Skyline Road 10- 15150 -01 -010 1 $ 1,240 $ 1,240 1461 Skyline Road 10- 15150 -01 -020 1 $ 1,240 $ 1,240 1450 Skyline Road 10- 77250 -00 -070 1 $ 1,240 $ 1,240 1436 Skyline Road 10- 77250 -00 -061 1 $ 1,240 $ 1,240 1432 Skyline Road 10- 77250 -00 -063 1 $ 1,240 $ 1,240 1428 Skyline Road 10- 77250 -00 -062 1 $ 1,240 $ 1,240 1426 Skyline Road 10- 77250 -00 -050 1 $ 1,240 $ 1,240 1430 Skyline Road 10- 77250 -00 -011 1 $ 1,240 $ 1,240 Subtotal 13 $ 16,120 Total SF Assessments 68 $ 84,320 P -Parks P.I.N. Front Foot Rate /F.F. Total Ridgehaven Acres / Rustic Hills Dr. / Skyline G qc�, City of Eagan Highview Park 10- 00400 -75 -030 791 $ 12.75 $ 10,085 5.8% Subtotal 791 21.4% $ 10,085 Total Assessments $ 94,405 Residential Frontage 9952 72.8% Parks Frontage 791 5.8% Non - Assessable Frontage 2922 21.4% Total Frontage 13665 100.0% Ridgehaven Acres / Rustic Hills Dr. / Skyline 1k, Ridgehaven Acres / Rustic Hills DO Skyline City of Evan Street Revitalization Project Fig. 1 Engineering Department Location Map - Project 1109 /mil EDGE MILL (6' -8' wide) T �/ VL. J flV\71 \Ll7P% I L LJMIDL Existing Typical Section 50' -60' ROW 287 30' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section CURB JTTER REPLACE EX. CURB & GUTTER AS DIRECTED 12/31/20121 �, ° (� t f q cep Ridgehaven Acres / Rustic Hills Dr. / Skyline �� �� City �l �Q�Ull Fig.3 Engineering Department Typical Sections - Project 1109 Ridgehaven Acres, Rustic Hills Dr, Skyline Neighborhood Street Revitalization City Project No. 1109 Informational Meeting — 5:30 P.M. Monday, February 11, 2013 Conference Room 1AB Attendance Aaron Nelson, Assistant City Engineer, 6 property owners from 4 residential properties (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the homeowners and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Since there was a small group in attendance, the meeting was conducted as an informal conversation to address all questions, comments, and concerns regarding the project. Questions/ Comments 1. How long will the construction last? Construction is anticipated to begin in May (weather dependent). The size and scope of the improvements will likely result in a 3 -4 week construction timeframe. 2. Will the road be open during construction? Will access be maintained to driveways? All roads will be open to traffic during construction. We do not anticipate any road closures during the work, however, some phases will require short term lane closures and the contractor will use traffic control devices or flagmen to help direct traffic. Access to driveways should be maintained throughout construction. If curb needs to be replaced at a driveway, residents can park in front of their homes while the concrete cures. 3. How and when will the final assessment amounts be determined? A letter will be mailed to all properties this fall after construction is complete. The letter will include the final assessment amounts associated with each property. It will also invite property owners to another public hearing that specifically addresses the final costs. At the close of this meeting and the City Council's corresponding approval of the final assessment costs, there is a 30 day window in which payments can be made 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 annually until paid in full. 4. Can a sidewalk be constructed west of Highview Park? If the residents desire a sidewalk, and are willing to pay for 100% of the costs, the city can consider constructing one. It was recommend to talk with the neighbors in the area to gauge their interest. 5. Will mailboxes be impacted? The construction activities are not expected to impact any of the existing mailboxes. 6. Who pays for the street adjacent to homes that are not being assessed, but have side or year yard frontage? Those areas are considered "un- assessable" and will be paid 100% by the City. I `� b 7. There are two streets in the neighborhood that are not shown as being included in the project. Why? Those streets are a few years older and had overlays performed a few years ago, so they are not included in this project. 8. The driveway at 2950 Skyline Drive is already steep and the owner almost bottoms out right now. What will happen after the project is complete? The improvements with this project are not expected to change grades significantly. If the curb isn't being replaced in front of that driveway, the street elevation should be similar to how it is today. If the curb is being replaced, we will review it to see if any improvements are possible. 9. Behind 1579 Stephanie Court there is a large (approximately 12' diameter) depression in the street near the storm sewer catch basin. Can the city review that area to see what is causing it? Staff will review the area to see what caused the depression. The meeting adjourned at 6:15 p.m. 15(P INFORMATIONAL MEETING Ridgehaven Acres, Rustic Hills Dr, Skyline Neighborhood Street Revitalization City of Won Project 1109 Contract 13 -04 Monday, February 11, 2013 5:30 p.m. — Conference Room 1AB NAME cam% ADDRESS PHONE NO. P 4 �/� 2. PJ'V --Lto - -e�L- 'V -(C- 0-9 97 i`c Lc. 3.'G�� L��.�,� -663/ 18. Agenda Information Memo February 19, 2013 Eagan City Council Meeting PUBLIC HEARING D. PROJECT 1106, BLACKHAWK GLEN & BLACKHAWK RIDGE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1106 ( Blackhawk Glen and Blackhawk Ridge - 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 residential streets in the Blackhawk Glen and Blackhawk Ridge neighborhoods in central 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 rehabilitation of these streets. • On January 15, 2013, the feasibility report for Project 1106 was presented to the City Council and a Public Hearing was scheduled for February 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on February 11 for the adjacent property owners to discuss the proposed improvements. Of the 100 total properties (98 single - family homes and 2 city owned parks parcels) proposed to be assessed under this improvement, 1 resident 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 1r)9 through. • Neighborhood Meeting Minutes, pages through 15D 110 F x Nt "' lk am A WI 'd ; Wil lei On OFF. CC a SI _ l I d M �' L 0.r. „1fJ t T � ` 4.��ys`3 �y ry } / 1 . 7l j� ISO mss. ;• t i 4 Abhhh 'T"O City of Evan bemo To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 15, 2013 Re: Blackhawk Glen & Blackhawk Ridge Neighborhood Street Revitalization City Project No.: 1106 Attached is our report for the Blackhawk Glen & Blackhawk Ridge Neighborhood Street Revitalization, City Project No. 1106. 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. %{(1A -� Aaron Nelson Date: Reg. No. 45795 Reviewed By: D partment of Public Works Date: Reviewed By: Fina epartment Date: Hoc) TABLE OF CONTENTS ExecutiveSummary ...................................................................... ............................... 1 Introduction / History .................................................................... ............................... 2 Scope............................................................................................. ..............................3 AreaTo Be Included ....................................................................... ..............................3 StreetPavement Evaluation ........................................................... ..............................3 ProposedImprovements ................................................................ ..............................4 Easements /Permits ........................................................................ ..............................5 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 o Executive Summary Background Project Name Blackhawk Glen Project # 1106 $ 106,500 Blackhawk Ridge Repair Existing Concrete Curb & Gutter $1 ©1,300 - Street Area 21,138 sq. yds. Street Length 5,281 feet (1.0 mile) Total $ 315,600 Blackhawk Lake Court Constructed 1988 -1989 Blackhawk Lake Drive Blackhawk Lake Place Reconstructed - Streets Included Blackhawk Ridge Circle Crack Sealed - Blackhawk Ridge Court Seal Coated 1993 and 2001 Blackhawk Ridge Place Blackhawk Ridge Way S % of Section 16 South of Yankee Doodle Road Absolute Location Township 27, Range 23 Relative Location (CSAH 28) West of 1 -35E Project Details • Roadway resurfacing PCI Rating 40/100 • Replacement of damaged curb & Recommended Patch /Repair and gutter Improvement Overlay • Adjustment /Replacement of: Curb Removal 16% Scope o Sanitary /Storm sewer • Utility castings • Water gate valves Residential Lots 98 • Street signage Commercial /Industrial - • 1 -1/2" Trail Overlay Parks Parcels 2 Cost Estimate/ Revenue Blackhawk Glen & Blackhawk Ridge Property City Mill & Overlay w/ Signage $ 214,300 $ 106,500 $ 107,800 Repair Existing Concrete Curb & Gutter $1 ©1,300 - $ 101,300 & Trail Overlay Total $ 315,600 $ 106,500 (34 %) $ 209,100 (66 %) Blackhawk Glen & Blackhawk Ridge January 15, 2013 Neighborhood Street Revitalization Blackhawk Glen & Blackhawk Ridge Eagan, Minnesota 1;�> 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 1 mile of residential streets in the Blackhawk Glen & Blackhawk Ridge neighborhood in central 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 constructed in 1988 and 1989. 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 24 to 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 2001. 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 project area and determined the underground systems are generally in good working order and that no major repairs are necessary. Blackhawk Glen & Blackhawk Ridge (�93 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. a r,. Scope This project will provide resurfacing (edge mill and overlay) for approximately 1 mile 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 replacement of street signage. 1�ra.Area To Be Included Properties included in the project lie within the S %, Section 16, lying South of Yankee Doodle Road (CSAH 28), West of 1-35E, 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: 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 40 for the Blackhawk'Glen & Blackhawk Ridge neighborhood, which falls in 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 construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require more substantial rehabilitation. Blackhawk Glen & Blackhawk Ridge l b, 4 a�Proposed Improvements Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 16% 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 (45 days for seed), 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. Blackhawk Glen & Blackhawk Ridge � (o5 Sidewalk /Path & Pedestrian Ramp — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable 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 t existing trail where they currently do not exist. In addition, the trail section south of Blackhawk Road to Blackhawk Lake will receive a 1 -1/2 inch bituminous overlay by the street contractor. 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. ';�> 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. Blackhawk Glen & Blackhawk Ridge I lo, U0 ;Vey 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. °dam. 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: Blackhawk Glen & Blackhawk Ridge Mill & Overlay w/ Signage ............................ ............................... $ 214,300 Repair Existing Concrete Curb & Gutter & Trail Overlay ............. $ 101,300 Total............................................ ............................... $ 315,600 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% Mill & Overlay- Community Park 75% 25% Repair Existing Concrete Curb & Gutter & Trail Overlay - 100% Residential Lots — All residential lots (98 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 Blackhawk Glen & Blackhawk Ridge IV] 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 $1,080 /lot and is calculated as follows: $214,300 (Mill & Overlay Costs) / 12,122' (Total F.F.) = $17.68/F.F. $17.68/F.F. x 50% = $8.84 /Residential F.F. $8.84 /Residential F.F. x 11,956' (Residential Frontage) = $105,691 (Total Assessment) $105,691 (Total Assessment) / 98 lots = $1,078/lot rounded to $1,080 /lot, or $105,840 Total Assessment Community Parks — All City parks (Blackhawk Park) with frontage on streets within the project area, as shown in Figure 2, are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable to parks, based on a standard 32 -foot width. The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $13.26 /front foot and is calculated as follows: $214,300 (Mill & Overlay Costs) / 12,122' (Total F.F.) = $17.68/F.F. $17.68/F.F. x 75% = $13.26 /Park F.F. $13.26 /Park F.F. x 50 F.F. = $663 Total Park Assessment The remaining Blackhawk Glen & Blackhawk Ridge frontage within the project area (116' or 1 %) is either sideyard or backyard property with no driveway accesses, and therefore not 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. 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 $1,080 with an estimated 3.5% interest for the assessed amounts, and assumes 14 months interest for the first year: Bonds may be issued to finance the improvements. Revenue Source A summary of revenue sources is listed below: Blackhawk Glen & Blackhawk Ridge G (ob Principal Per Year Interest Per Year Cost Per Year First Year _ � - - -- $216 $44 260 Fifth Year - - -� $216 $ 8 i ( `$224 Bonds may be issued to finance the improvements. Revenue Source A summary of revenue sources is listed below: Blackhawk Glen & Blackhawk Ridge G (ob The City's Major Street Fund will finance the estimated project deficit of $209,100 (66% of total). 1;�>Prooect Schedule Present Feasibility Report to City Council/ OrderPublic Hearing ......................................... ............................... Informational Meeting ...................................... ............................... PublicHearing ................................................... ............................... Approve Plans and Specifications ..................... ............................... BidDate ............................................................. ............................. ... AwardContract ................................................. ............................... StartConstruction ............................................. ............................... ProjectCompletion ........................................... ............................... FinalCost Report ............................................... ............................... Final Assessment Hearing ................................. ............................... First Payment Due with Property Tax Statement ............................ Blackhawk Glen & Blackhawk Ridge o .........January 15, 2013 ....... February 11, 2013 ....... February 19, 2013 ............. March 5, 2013 ..............April 11, 2013 .............. April 16, 2013 ................ May 1, 2013 ............... August, 2013 .........September, 2013 ..................... Fall, 2013 .............. May 15, 2014 Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 214,300 $ 106,500 $ 107,800 Repair Existing Curb & Gutter & Trail Overlay $ 101,300 - $ 101,300 Totals $ 315,600 $ 106,500 $ 209,100 The City's Major Street Fund will finance the estimated project deficit of $209,100 (66% of total). 1;�>Prooect Schedule Present Feasibility Report to City Council/ OrderPublic Hearing ......................................... ............................... Informational Meeting ...................................... ............................... PublicHearing ................................................... ............................... Approve Plans and Specifications ..................... ............................... BidDate ............................................................. ............................. ... AwardContract ................................................. ............................... StartConstruction ............................................. ............................... ProjectCompletion ........................................... ............................... FinalCost Report ............................................... ............................... Final Assessment Hearing ................................. ............................... First Payment Due with Property Tax Statement ............................ Blackhawk Glen & Blackhawk Ridge o .........January 15, 2013 ....... February 11, 2013 ....... February 19, 2013 ............. March 5, 2013 ..............April 11, 2013 .............. April 16, 2013 ................ May 1, 2013 ............... August, 2013 .........September, 2013 ..................... Fall, 2013 .............. May 15, 2014 Appendix A Preliminary Cost Estimate Citv Proiect 1106 Blackhawk Glen/ Rlarkhawk Ridan Item No. Item Unit Unit Price Est Estimated Mill Bituminous Pavement (1- 1/4" depth, 6' Width) 2357.502 Bituminous Material for Tack Coat 2360.501 Qty Cost Part i - wtuminous street uveriay 2021.501 Mobilization 2104.505 Remove Bituminous Pavement 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) 2357.502 Bituminous Material for Tack Coat 2360.501 SP WEA240B Wearing Course Mixture (Overlay) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2504.602 Adjust Gate Valve Box 2504.602 Repair Gate Valve Mid Section 2504.602 Repair Gate Valve Top Section w /Cover 2506.602 Adjust Manhole Casting - Riser Adjustment 2506.602 Adjust Frame and Ring Casting (Manhole) 2506.602 Remove & Replace Frame & Ring Casting (27 ") SP -1 Signage Remove & Replace 2563.601 Traffic Control Subtotal 5% Contingency Subtotal 30% Indirect Costs Part I - Bituminous Street Overlay LS $3,500.00 1 $ 3,500.00 SY $7.50 60 $ 450.00 SY $1.60 8000 $ 12,800.00 GAL $235 1270 $ 3,492.50 TON $58.00 1960 $ 113,680.00 TON $100.00 25 $ 2,500.00 EA $110.00 5 $ 550.00 EA $300.00 2 $ 600.00 EA $275.00 4 $ 1,100.00 EA $210.00 21 $ 4,410.00 EA $425.00 18 $ 7,650.00 EA $750.00 1 $ 750.00 LS $3,500.00 1 $ 3,500.00 LS $2,000.00 1 $ 2,000.00 Blackhawk Glen & Blackhawk Ridge C-1 0 S 156.982.5n !,849.13 $ 164,831.63 $ 49,449.49 $ 214,281.11 Item No. Item Unit Unit Price Est Estimated 2101.601 Remove Trail Overgrowth LS $3,300.00 Qty Cost rar t n - Repair cxIsung Curb ai ❑utter to i ran Ovenay $ 74,193.50 5% Contingency $ 3,709.68 Subtotal $ 77,903.18 2101.601 Remove Trail Overgrowth LS $3,300.00 1 $ 3,300.00 2104.501 Remove Concrete Curb and Gutter LF $6.50 1890 $ 12,285.00 2104.503 Remove Bituminous Trail Pavement SF $1.15 80 $ 92.00 2104.505 Remove Concrete Valley Gutter SY $15.00 8 $ 120.00 2211.501 6 "Aggregate Base, Cl. 5 (100% Crushed) TON $24.50 5 $ 122.50 2357.502 Bituminous Material for Tack Coat (Trail Overlay) GAL $2.75 80 $ 220.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $100.00 55 $ 5,500.00 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) TON $70.00 140 $ 9,800.00 2504.602 Repair Residential Sprinkler Head EA $70.00 20 $ 1,400.00 2504.602 Repair Sprinkler System EA $375.00 1 $ 375.00 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 17 $ 6,800.00 2506.602 Remove & Replace Casting (Catch Basin) EA $650.00 1 $ 650.00 2506.602 Repair Invert / Dogouse EA $500.00 1 $ 500.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $150.00 2 $ 300.00 2521.501 6" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $6.00 60 $ 360.00 2531.501 Concrete Curb & Gutter D412 LF $14.70 1870 $ 27,489.00 2531.501 Concrete Curb and Gutter, 8618 LF $16.15 20 $ 323.00 2531.507 Concrete Valley Gutter - High Early SY $54.00 8 $ 432.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $145.00 3 $ 435.00 2540.602 Repair Underground Electric Fence EA $130.00 10 $ 1,300.00 2540.602 Repair Residential Landscaping EA $350.00 1 $ 350.00 2573.530 Storm Drain Inlet Protection EA $120.00 2 $ 240.00 2575.609 Seeding (MnDOT 270 w/Type 1 Mulch Special) SY $8.00 175 $ 1,400.00 2575.551 Select Topsoil /Compost (Grade 1) mix TON $40.00 10 $ 400.00 Subtotal $ 74,193.50 5% Contingency $ 3,709.68 Subtotal $ 77,903.18 30% Indirect Costs $ 23,370.95 Part it Repair Existing Curb & Gutter $ 101,274.13 Part I Bituminous Street Overlay $ 214,281.11 Part II Repair Existing Curb & Gutter $ 101,274.13 TOTAL $ 315,555.24 Blackhawk Glen & Blackhawk Ridge n Appendix B Preliminary Assessment Roll City Project 1106 Blackhawk Glenn and Blackhawk Ridge Blackhawk Lake Place R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1612 Blackhawk Lake PI. 10- 14352 -01 -070 1 $ 1,080 $ 1,080 1610 Blackhawk Lake Pi. 10- 14352 -01 -080 1 $ 1,080 $ 1,080 1608 Blackhawk Lake Pi. 10- 14352 -01 -090 1 $ 1,080 $ 1,080 1606 Blackhawk Lake PI. 10- 14352 -01 -100 1 $ 1,080 $ 1,080 1604 Blackhawk Lake PI. 10- 14352 -01 -110 1 $ 1,080 $ 1,080 3711 Blackhawk Lake Ct. Subtotal 5 $ 1,080 1 $ 5,400 Blackhawk Lake Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3700 Blackhawk Lake Ct. 10- 14400 -02 -160 1 $ 1,080 $ 1,080 3703 Blackhawk Lake Ct. 10- 14352 -02 -180 1 $ 1,080 $ 1,080 3704 Blackhawk Lake Ct. 10- 14400 -02 -170 1 $ 1,080 $ 1,080 3707 Blackhawk Lake Ct. 10- 14352 -02 -170 1 $ 1,080 $ 1,080 3708 Blackhawk Lake Ct. 10- 14400 -02 -180 1 $ 1,080 $ 1,080 3711 Blackhawk Lake Ct. 10- 14352 -02 -160 1 $ 1,080 $ 1,080 3712 Blackhawk Lake Ct. 10- 14400 -02 -190 1 $ 1,080 $ 1,080 3715 Blackhawk Lake Ct. 10- 14352 -02 -150 1 $ 1,080 $ 1,080 3716 Blackhawk Lake Ct. 10- 14400 -02 -200 1 $ 1,080 $ 1,080 3719 Blackhawk Lake Ct. 10- 14352 -02 -140 1 $ 1,080 $ 1,080 3720 Blackhawk Lake Ct. 10- 14400 -02 -210 1 $ 1,080 $ 1,080 3723 Blackhawk Lake Ct. 10- 14352 -02 -130 1 $ 1,080 $ 1,080 3724 Blackhawk Lake Ct. 10- 14400 -02 -220 1 $ 1,080 $ 1,080 3727 Blackhawk Lake Ct. 10- 14352 -02 -120 1 $ 1,080 $ 1,080 3731 Blackhawk Lake Ct. 10- 14352 -02 -110 1 $ 1,080 $ 1,080 Subtotal 15 $ 16,200 Blackhawk Ridge Place R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3787 Blackhawk Ridge PI. 10- 14401 -02 -230 1 $ 1,080 $ 1,080 3791 Blackhawk Ridge PI. 10- 14401 -02 -220 1 $ 1,080 $ 1,080 3795 Blackhawk Ridge PI. 10- 14401 -02 -210 1 $ 1,080 $ 1,080 3799 Blackhawk Ridge PI, 10- 14401 -02 -200 1 $ 1,080 $ 1,080 3800 Blackhawk Ridge PI. 10- 14401 -02 -120 1 $ 1,080 $ 1,080 3803 Blackhawk Ridge PI. 10- 14401 -02 -190 1 $ 1,080 $ 1,080 3804 Blackhawk Ridge PI. 10- 14401 -02 -130 1 $ 1,080 $ 1,080 3807 Blackhawk Ridge PI. 10- 14401 -02 -180 1 $ 1,080 $ 1,080 3808 Blackhawk Ridge PI. 10- 14401 -02 -140 1 $ 1,080 $ 1,080 3811 Blackhawk Ridge PI. 10- 14401 -02 -170 1 $ 1,080 $ 1,080 3812 Blackhawk Ridge PI. 10- 14401 -02 -150 1 $ 1,080 $ 1,080 3815 Blackhawk Ridge PI. 10- 14401 -02 -160 1 $ 1,080 $ 1,080 Subtotal 12 $ 12,960 Blackhawk Glen & Blackhawk Ridge �9 off. Blackhawk Ridge Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3785 Blackhawk Ridge Cir. 10- 14401 -02 -100 1 $ 1,080 $ 1,080 3788 Blackhawk Ridge Cir. 10- 14401 -02 -050 1 $ 1,080 $ 1,080 3789 Blackhawk Ridge Cir. 10- 14401 -02 -090 1 $ 1,080 $ 1,080 3792 Blackhawk Ridge Cir. 10- 14401 -02 -060 1 $ 1,080 $ 1,080 3793 Blackhawk Ridge Cir. 10- 14401 -02 -080 1 $ 1,080 $ 1,080 3796 Blackhawk Ridge Cir. 10- 14401 -02 -070 1 $ 1,080 $ 1,080 1525 Blackhawk Ridge Ct. Subtotal 6 $ 1,080 $ 6,480 Blackhawk Ridge Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1512 Blackhawk Ridge Ct. 10- 14400 -02 -010 1 $ 1,080 $ 1,080 1516 Blackhawk Ridge Ct. 10- 14400 -02 -020 1 $ 1,080 $ 1,080 1517 Blackhawk Ridge Ct. 10- 14400 -02 -100 1 $ 1,080 $ 1,080 1520 Blackhawk Ridge Ct. 10- 14400 -02 -030 1 $ 1,080 $ 1,080 1521 Blackhawk Ridge Ct. 10- 14400 -02 -090 1 $ 1,080 $ 1,080 1524 Blackhawk Ridge Ct. 10- 14400 -02 -040 1 $ 1,080 $ 1,080 1525 Blackhawk Ridge Ct. 10- 14400 -02 -080 1 $ 1,080 $ 1,080 1528 Blackhawk Ridge Ct. 10- 14400 -02 -050 1 $ 1,080 $ 1,080 1529 Blackhawk Ridge Ct. 10- 14400 -02 -070 1 $ 1,080 $ 1,080 1532 Blackhawk Ridge Ct. 10- 14400 -02 -060 1 $ 1,080 $ 1,080 1482 Blackhawk Lake Dr. Subtotal 10 $ 1,080 $ 10,800 Blackhawk Ridge Way R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1501 Blackhawk Ridge Way 10- 14400 -01 -040 1 $ 1,080 $ 1,080 1502 Blackhawk Ridge Way 10- 14400 -01 -050 1 $ 1,080 $ 1,080 1505 Blackhawk Ridge Way 10- 14400 -01 -030 1 $ 1,080 $ 1,080 1506 Blackhawk Ridge Way 10- 14400 -01 -060 1 $ 1,080 $ 1,080 1509 Blackhawk Ridge Way 10- 14400 -01 -020 1 $ 1,080 $ 1,080 1463 Blackhawk Lake Dr. Subtotal 5 $ 1,080 $ 5,400 Blackhawk Lake Drive R-1 Residential P.I.N. Lot Equivalent Unit Assessment Total 1450 Blackhawk Lake Dr. 10- 14400 -01 -010 1 $ 1,080 $ 1,080 1451 Blackhawk Lake Dr. 10- 14400 -02 -150 1 $ 1,080 $ 1,080 1455 Blackhawk Lake Dr. 10- 14400 -02 -140 1 $ 1,080 $ 1,080 1459 Blackhawk Lake Dr. 10- 14400 -02 -130 1 $ 1,080 $ 1,080 1462 Blackhawk Lake Dr. 10- 14400 -01 -070 1 $ 1,080 $ 1,080 1463 Blackhawk Lake Dr. 10- 14400 -02 -120 1 $ 1,080 $ 1,080 1466 Blackhawk Lake Dr. 10- 14400 -01 -080 1 $ 1,080 $ 1,080 1467 Blackhawk Lake Dr. 10- 14400 -02 -110 1 $ 1,080 $ 1,080 1470 Blackhawk Lake Dr. 10- 14400 -01 -090 1 $ 1,080 $ 1,080 1474 Blackhawk Lake Dr. 10- 14401 -02 -010 1 $ 1,080 $ 1,080 1482 Blackhawk Lake Dr. 10- 14401 -02 -020 1 $ 1,080 $ 1,080 Blackhawk Glen & Blackhawk Ridge M"1 1483 Blackhawk Lake Dr. 10- 14401 -01 -010 1 $ 1,080 $ 1,080 1490 Blackhawk Lake Dr. 10- 14401 -02 -030 1 $ 1,080 $ 1,080 1498 Blackhawk Lake Dr. 10- 14401 -02 -040 1 $ 1,080 $ 1,080 1499 Blackhawk Lake Dr. 10- 14401 -01 -020 1 $ 1,080 $ 1,080 1522 Blackhawk Lake Dr. 10- 14401 -02 -110 1 $ 1,080 $ 1,080 1523 Blackhawk Lake Dr. 10- 14401 -01 -030 1 $ 1,080 $ 1,080 1531 Blackhawk Lake Dr. 10- 14401 -01 -040 1 $ 1,080 $ 1,080 1539 Blackhawk Lake Dr. 10- 14401 -01 -050 1 $ 1,080 $ 1,080 1546 Blackhawk Lake Dr. 10- 14401 -02 -240 1 $ 1,080 $ 1,080 1547 Blackhawk Lake Dr. 10- 14401 -01 -060 1 $ 1,080 $ 1,080 1554 Blackhawk Lake Dr. 10- 14401 -02 -250 1 $ 1,080 $ 1,080 1555 Blackhawk Lake Dr. 10- 14401 -01 -070 1 $ 1,080 $ 1,080 1562 Blackhawk Lake Dr. 10- 14401 -02 -260 1 $ 1,080 $ 1,080 1580 Blackhawk Lake Dr. 10- 14352 -01 -170 1 $ 1,080 $ 1,080 1584 Blackhawk Lake Dr. 10- 14352 -01 -160 1 $ 1,080 $ 1,080 1588 Blackhawk Lake Dr. 10- 14352 -01 -150 1 $ 1,080 $ 1,080 1591 Blackhawk Lake Dr. 10- 14352 -02 -100 1 $ 1,080 $ 1,080 1592 Blackhawk Lake Dr. 10- 14352 -01 -140 1 $ 1,080 $ 1,080 1595 Blackhawk Lake Dr. 10- 14352 -02 -090 1 $ 1,080 $ 1,080 1596 Blackhawk Lake Dr. 10- 14352 -01 -130 1 $ 1,080 $ 1,080 1599 Blackhawk Lake Dr. 10- 14352 -02 -080 1 $ 1,080 $ 1,080 1600 Blackhawk Lake Dr. 10- 14352 -01 -120 1 $ 1,080 $ 1,080 1607 Blackhawk Lake Dr. 10- 14352 -02 -070 1 $ 1,080 $ 1,080 1615 Blackhawk Lake Dr. 10- 14352 -02 -060 1 $ 1,080 $ 1,080 1616 Blackhawk Lake Dr. 10- 14352 -01 -060 1 $ 1,080 $ 1,080 1619 Blackhawk Lake Dr. 10- 14352 -02 -050 1 $ 1,080 $ 1,080 1620 Blackhawk Lake Dr, 10- 14352 -01 -050 1 $ 1,080 $ 1,080 1623 Blackhawk Lake Dr. 10- 14352 -02 -040 1 $ 1,080 $ 1,080 1624 Blackhawk Lake Dr. 10- 14352 -01 -040 1 $ 1,080 $ 1,080 1627 Blackhawk Lake Dr. 10- 14352 -02 -030 1 $ 1,080 $ 1,080 1628 Blackhawk Lake Dr. 10- 14352 -01 -030 1 $ 1,080 $ 1,080 1631 Blackhawk Lake Dr. 10- 14352 -02 -020 1 $ 1,080 $ 1,080 1632 Blackhawk Lake Dr, 10- 14352 -01 -020 1 $ 1,080 $ 1,080 1636 Blackhawk Lake Dr. 10- 14352 -01 -010 1 $ 1,080 $ 1,080 Subtotal 45 $ 48,600 Total SF Assessments 98 $ 105,840 P -Parks P.I.N. Front Foot Rate /F.F. Total Blackhawk Park 10- 14352 -00 -010 30 $ 13.26 $ 398 Blackhawk Park 10- 14400 -00 -030 20 $ 13.26 $ 265 Subtotal 50 $ 663 Total Assessments I $ 106,503 Residential Frontage 11956 98.6% Parks Frontage 50 0.4% Non - Assessable Frontage 116 1.0% Total Frontage 12122 100.0% Blackhawk Glen & Blackhawk Ridge 1 I L4 Q rq Blackhawk Glen / Blackhawk Ridge City � Of Ea all Street Revitalization - Project 1106 Fig. 1 Engineering Department Location Map 4q 4b� City nf Ewfi Blackhawk Glen / Blackhawk Ridge Street Revitalization - Project 1106 FIG. 2A Street Improvement Area t q (p Date: 12/11/2012 L Je V, Y. — MR, Blackhawk Hills I e ra via M 4 _V, W" KJ A mk ME • � buz CM 3, Y. UN All, ;e R5 1455,,, 1462 506 145 36) _g ne --151, -A AA le"i A'N kcu 371 J C N 1512 4, f 1482 M1 F`3727 am; 3720 ; Or -6 v 1483 i T74% 5) 3731 '149 Q -1555W, L NN 6WN CA 88 A A& ZR¢ 4, f Y 564 -1379 3796`: 58 546 -- 70 1U-14352-00-01 3795 38047' 5AW ack h �rail Oveiluy A-1 3812 C5� LEGEND ft Street Improvement:. J. Trail Overlay 38031 Jiw-� "N Assessable Area z 3807 Y:x 3815 ""�' WbIack hawk Pa,', WMS X3811 �i Aft�- Blackhawk Glen / Blackhawk Ridge FIG. 2B qrpl Street Revitalization - Project 1106 Cits of E2w Street Improvement Area \119 Date: 1/22/2013 EDGE MILL (6' -8' wide)1 50' -60' ROW 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 50' -60' ROW 28'/ 32' F -F 11/2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section EX. CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED 21 :_ Blackhawk Glen / Blackhawk Ridge City of �a�a� Fig,3 Typical Sections - Project 1106 Engineering Department III Blackhawk Glen & Blackhawk Ridge Neighborhood Street Revitalization City Project No. 1106 Informational Meeting — 6:30 P.M. Monday, February 11, 2013 Conference Room 1AB Attendance Aaron Nelson, Assistant City Engineer, 1 representative of one single family home (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the homeowner and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Since there was only one resident in attendance, the meeting was conducted as an informal conversation to address all questions, comments, and concerns regarding the project. Ouestions/ Comments 1. How long will the construction last? Construction is anticipated to begin in May (weather dependent). The size and scope of the improvements will likely result in a 3 -4 week construction timeframe. 2. Will the road be open during construction? Will access be maintained to driveways? All roads will be open to traffic during construction. We do not anticipate any road closures during the work, however, some phases will require short term lane closures and the contractor will use traffic control devices or flagmen to help direct traffic. Access to driveways should be maintained throughout construction. If curb needs to be replaced at a driveway, residents can park in front of their homes while the concrete cures. 3. How and when will the final assessment amounts be determined? A letter will be mailed to all properties this fall after construction is complete. The letter will include the final assessment amounts associated with each property. It will also invite property owners to another public hearing that specifically addresses the final costs. At the close of this meeting and the City Council's corresponding approval of the final assessment costs, there is a 30 day window in which payments can be made 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 annually until paid in full. 4. There is a low spot in the curb in front of my driveway that holds water. Can that be fixed? A project inspector will review the low spot to determine the cause. It is likely a settled water & sewer service trench, and if so, the curb will be removed and replaced, which should improve drainage. Staff will contact the homeowner after the inspection is complete to discuss the cause. The meeting adjourned at 7:00 p.m. 09 Abhh INFORMATIONAL MEETING To, Blackhawk Glen & Blackhawk Ridge Neighborhood Street Revitalization City of Eap Project 1106, Contract 13 -04 Monday, February 11, 2013 6:30 p.m. — Conference Room 1AB NAME ADDRESS i PHONE NO. q1 q6) lach o w a 2. 3. 3. i 4. 5. 6. 7. 8. 9. 10. 11. i 12. 13. 14. 15. 16. 17. 18. i Agenda Information Memo February 19, 2013 Eagan City Council Meeting PUBLIC HEARING E. PROJECT 1099, TED WACHTER ADDITION (CIVIC CENTER DRIVE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1099 (Ted Wachter Addition (Civic Center Drive) - 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 Ted Wachter Addition (Civic Center Drive), a local street in central 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 rehabilitation of this street. • On January 15, 2013, the feasibility report for Project 1099 was presented to the City Council and a Public Hearing was scheduled for February 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was not held for the proposed improvements. The two adjacent properties include the City of Eagan and Dakota County (Wescott Library). Per agreement, the County will not be assessed under this improvement. • 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 � a through 4 r� s y rfr _ IT 1`f A- � mot- a i7 J i ttP h - / s➢Y / r= I ` tea. _ i _ S .d.1 J� ? zu z. r � 1• From: Aaron Nelson, Assistant City Engineer Date: January 15, 2013 Re: Ted Wachter Addition (Civic Center Drive) Street Revitalization City Project No.: 1099 Attached is our report for the Ted Wachter Addition (Civic Center Drive) Street Revitalization, City Project No. 1099. 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: D artment of Public Works Reviewed By: - -.f Fina . epartment;� �� - 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 Minnes a. Aaron Nelson Date: Z f 1 i t Reg. No. 45795 Date: , /`�/ 1 ;3 Date: i3 ��> 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 ............................................................................. ..............................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 i84 Executive Summary Background Project Name Ted Wachter Addition Project # 1099 $ 33,500 (Civic Center Drive) Repair Existing Concrete Curb & Gutter $ 53,600 - Street Area 4,021 sq. yds. Street Length 1,049 feet Total $ 114,000 $ 33,500 (29 %) Constructed 1995 Reconstructed - Streets Included Civic Center Drive Crack Sealed - Seal Coated 2004 Absolute Location NW % of Section 22 Relative Location South of Wescott Road Township 27, Range 23 East of Pilot Knob Road Project Details PCI Rating 30/100 • Roadway resurfacing (full width mill & Recommended Patch /Repair and 1 -1/2" overlay) Improvement Overlay • Replacement of damaged curb & gutter Curb Removal 15% Scope • Adjustment /Replacement of: • Sanitary /Storm sewer • Utility castings Residential Lots - o Water gate valves Commercial /Industrial • Street signage Public Facility Lots 1 Cost Estimate/ Revenue Ted Wachter Addition (Civic Center Drive) Vb�- Property City Mill & Overlay w/ Signage $60,400 $ 33,500 $ 26,900 Repair Existing Concrete Curb & Gutter $ 53,600 - $53,600 & Trail Overlay Total $ 114,000 $ 33,500 (29 %) $ 80,500 (71 %) Ted Wachter Addition (Civic Center Drive) Vb�- January 15, 2013 Neighborhood Street Revitalization Ted Wachter Addition (Civic Center Drive) 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 1,049 feet of Civic Center Drive, a local street in central Eagan, has been identified for 2013 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The street in this area serves the Dakota County Library and city facilities (City Hall, the ice arena, and Cascade Bay) and was constructed in 1995. 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 18 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 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. Ted Wachter Addition (Civic Center Drive) (96 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 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. 1;;�>Scope This project will provide resurfacing (full width mill and 1 -1/2" overlay) for approximately 0.2 miles of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and /or replacement to sanitary /storm sewer utility castings, water gate valves, and replacement of street signage. �Area To Be Included Properties included in the project lie within the NW %, Section 22, lying South of Wescott Road, East of Pilot Knob 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: 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 30 for the Ted Wachter Addition (Civic Center Drive), which falls in the upper limits of the "Reconstruct /reclaim" categories, as mentioned above. While the pavement condition falls Ted Wachter Addition (Civic Center Drive) 069 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 more substantial rehabilitation. arm Proposed Improvements Pavement - The proposed street improvements for the Ted Wachter Addition (Civic Center Drive) are shown in Figure 3. The existing street section for this roadway consists of 3 -1/2" bituminous pavement supported by 6" gravel base. The existing - bituminous surface will be milled the entire width of the street to j accommodate a 1% -inch bituminous overlay. The overlay, combined with X the existing street section, will provide a street section consistent with current City standards for this type of street. 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 15% 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. Ted Wachter Addition (Civic Center Drive) GE)b 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. Sidewalk /Path & Pedestrian Ramp — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable 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 where they currently do not exist. In addition, the trail along south /east side of Civic Center Drive will receive a 1 -1/2" bituminous overlay along its entire length. 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. Ted Wachter Addition (Civic Center Drive) I 4�Easement Permits All work will be in the public right -of -way. No additional easements are anticipated. It is anticipated the only permit necessary will be from Dakota County for work within the Pilot Knob Road right -of -way. 4 ray 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. • re.. 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: Ted Wachter Addition (Civic Center Drive) Mill & Overlay w/ Signage ............................. ..............................$ 60,400 Repair Existing Concrete Curb & Gutter & Trail Overlay ............$ 53,600 • Total ...............$ 114,000 rte 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. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. Ted Wachter Addition (Civic Center Drive) C`( D City Special Assessment Policy Mill & Overlay— Public Facilities Repair Existing Concrete Curb & Gutter Trail Overlay Assessment Ratio Property City 75% 25% - 100% 100% Properties adjacent to Civic Center Drive are proposed to be assessed with a 10% credit because the pavement condition has not met its predicted life expectancy (2 years prior to the anticipated 20 -year pavement life cycle, 2/20 = 10 %). This reduced assessment rate is in accordance with a recent update (February 16, 2010) of the City's Assessment Policy addressing shortened life cycles. Public Facility Lots —Two public facility lots are located within the project area. However, the City and Dakota County previously entered into a Joint Powers Agreement that provides for the city to pay for any and all special assessments levied on the library property. Therefore, the only parcel proposed to be assessed on this project is owned by the City of Eagan, as shown in Figure 2. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable, regardless of street width. The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $19.44 /front foot and is calculated as follows: $60,400 (Mill & Overlay Costs) / 2,098' (Total F.F.) = $28.80/F.F. $28.80/F.F. x 75% x 90% (life expectancy credit) = $19.44 /Public Facility F.F. City of Eagan Frontage = 1,723' Dakota County Library Frontage = 375' (un- assessable) Total Frontage 2,098' Public Facility Assessment (City Property) = $19.44/F.F. x 1,723' = $33,500 Total Assessment err 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 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 public facility assessment of $1,000 with an estimated 3.5% interest for the assessed amounts, and assumes 14 months interest for the first year: Bonds may be issued to finance the improvements. Ted Wachter Addition (Civic Center Drive) \�1 Principal Per Year Interest Per Year J Cost Per Year First Year $100 $41 e $141 ____ Tenth Year $100 � A $ 4 $104 Bonds may be issued to finance the improvements. Ted Wachter Addition (Civic Center Drive) \�1 4�Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $80,500 (71% of total). 4�Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................... ............................... ........................January 15, 2013 Informational Meeting .............................................. ............................... February 11, 2013 PublicHearing ........................................................... ............................... February 19, 2013 Approve Plans and Specifications ................................... ............................... March 5, 2013 BidDate .................................................. ............................... ..........................April 11, 2013 AwardContract ...................................... ............................... ..........................April 16, 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 Ted Wachter Addition (Civic Center Drive) 1 QL Project Cost Property Assessment City Contribution Mill and Overlay (including Signage) $ 60,400 $ 33,500 $ 26,900 Repair Existing Curb & Gutter & Trail Overlay $ 53,600 - $ 53,600 Totals $ 114,000 $ 33,500 $ 80,500 The City's Major Street Fund will finance the estimated project deficit of $80,500 (71% of total). 4�Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................... ............................... ........................January 15, 2013 Informational Meeting .............................................. ............................... February 11, 2013 PublicHearing ........................................................... ............................... February 19, 2013 Approve Plans and Specifications ................................... ............................... March 5, 2013 BidDate .................................................. ............................... ..........................April 11, 2013 AwardContract ...................................... ............................... ..........................April 16, 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 Ted Wachter Addition (Civic Center Drive) 1 QL Appendix A Preliminary Cost Estimate City Project 1099 Ted Wachter Addition (Civic Center Drivel No. Item Unit Unit Price Est EsdimItem ated $7.50 20 $ 150.00 Qty Cost Part I - Bituminous Street Overlay 2021.501 Mobilization 2104.505 Remove Bituminous Pavement 2232.501 Mill Bituminous Pavement Full Width (1 -1/4" to 3 -3/4" depth) 2357.502 Bituminous Material for Tack Coat 2360.501 SP WEA240B Wearing Course Mixture (Overlay) 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2506.602 Adjust Frame and Ring Casting (Manhole) 2582.501 Pavement Message Arrow (Left) - Epoxy 2582.502 24" Solid Line Yellow - Epoxy 2582.502 4" Double Solid Line Yellow- Epoxy 2582.502 4" Solid Line White -Epoxy SP -1 Signage Remove & Replace 2563.601 Traffic Control Subtotal 5% Contingency Subtotal 30% Indirect Costs Part I - Bituminous Street Overlay LS $3,500.00 1 $ 3,500.00 SY $7.50 20 $ 150.00 SY $2.00 4140 $ 8,280.00 GAL $2.75 300 $ 825.00 TON $58.00 385 $ 22,330.00 TON $100.00 5 $ 500.00 EA $425.00 1 $ 425.00 EA $100.00 1 $ 100.00 LF $7.00 44 $ 308.00 LF $0.50 185 $ 92.50 LF $0.25 44 $ 11.00 LS $5,700.00 1 $ 5,700.00 LS $2,000.00 1 $ 2,000.00 Ted Wachter Addition (Civic Center Drive) S aa_771 sn 5 2,211.08 $ 46,432.58 $ 13,929.77 $ 60,362.35 Item No. Item Unit Unit Price Est Estimated 2101.601 Remove Trail Overgrowth LS $3,300.00 Qty Cost Part II - Repair Existing Curb & Gutter $ 39,248.00 5% Contingency $ 1,962.40 2101.601 Remove Trail Overgrowth LS $3,300.00 1 $ 3,300.00 2104.501 Remove Concrete Curb and Gutter LF $6.50 500 $ 3,250.00 2104.503 Remove Concrete Sidewalk (4 ") SF $2.00 300 $ 600.00 2104.503 Remove Bituminous Trail Pavement SF $1.15 100 $ 115.00 2104.505 Remove Concrete Valley Gutter SY $15.00 57 $ 855.00 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 20 $ 2,000.00 2360.501 SP WEA240B Wearing Course Mixture (Trail Overlay) TON $70.00 90 $ 6,300.00 2504.602 Repair Residential Sprinkler Head EA $70.00 10 $ 700.00 2504.602 Repair Sprinkler System EA $375.00 1 $ 375.00 2506.602 Adjust Frame & Ring Casting (CB -HDPE Rings) EA $400.00 9 $ 3,600.00 2506.602 Remove & Replace Casting (Catch Basin) EA $650.00 1 $ 650.00 2506.602 Repair Invert/ Dogouse EA $500.00 1 $ 500.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $150.00 2 $ 300.00 2521.501 6" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF $6.00 300 $ 1,800.00 2531.501 Concrete Curb and Gutter, B612 LF $16.65 270 $ 4,495.50 2531.501 Concrete Curb and Gutter, 8618 LF $16.15 230 $ 3,714.50 2531.507 Concrete Valley Gutter - High Early SY $54.00 57 $ 3,078.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $145.00 18 $ 2,610.00 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 50 $ 400.00 2575.551 Select Topsoil /Compost (Grade 1) mix TON $40.00 3 $ 120.00 Subtotal $ 39,248.00 5% Contingency $ 1,962.40 Subtotal $ 41,210.40 30% Indirect Costs $ 12,363.12 Part II Repair Existing Curb & Gutter $ 53,573.52 Part I Bituminous Street Overlay $ 60,362.35 Part II Repair Existing Curb & Gutter $ 53,573.52 TOTAL $ 113,935.87 Ted Wachter Addition (Civic Center Drive) I%Q L4 Appendix B Preliminary Assessment Roll City Project 1099 - Ted Wachter Addition (Civic Center Drive) Civic Center Drive PF - Public Facility P.I.N. Front Footage Rate /F.F. Total Assessment City of Eagan 10- 75300 -01 -031 1723 $ 19.44 $ 33,495.12 Subtotal 1723 $ 33,495.12 Public Facility Frontage Non - Assessable Frontage Total Frontage 1723 82.1% 375 17.9 2098 100.0% Ted Wachter Addition (Civic Center Drive) MIS P't Ted Wachter Add. ( Civic Center Dr.) City of Evan Street Revitalization Project Fig. 1 Engineering Department Location Map - Project 1099 6 (O Ted Wachter Add. ( Civic Center Dr.) Street Revitalization - Project 1099 City of Rflogfl Street Improvement Area 191 FIG. 2 Date: 12/31/2012 p m O Y Op Q� COQ W Oldp �U n S � M � 00 �> � W LL LL m XX� in NS UQ_ mJ WQ no k W� worn �O .-. L LL p LL L CO Z Cfl — C: T- U w ® Q Q O +-' U U m U O j w O U O Nw U) tw- co Q U) Q ® (� U IM O Q R U p J Uw U � O CD 0 � U `. CA) u�06 z U — Q> c/) Z (D L •c- _ Lu O U) O ¢ � ►_- Q Lo I° m U) D O Z E— Q Ln cA v s- N N m U .� N C) o (Dz m J O N N � F- � N U C � U (CS M CO W d m m M O I® N r LL LL LL r r J J I— I— o n- O J aVi E n LL r o Sm •c m m c m W ■ Agenda Information Memo February 19, 2013 Eagan City Council Meeting NEW BUSINESS A. RECEIVE PUBLIC FEEDBACK ON COMCAST RATE CHARGES AND CONSIDER DIRECTING STAFF TO PREPARE LETTER TO APPROPRIATE AUTHORITIES EXPRESSING CONCERNS ACTION TO BE CONSIDERED: Based on the facts and feedback provided, give direction to staff on what next steps, if any, should be taken. FACTS: • Eagan customers of Comcast have recently received a letter from the company advising them that as of March 14, 2013, they will need to get a digital adaptor (called a DTA) to continue watching certain basic cable channels like 4, 5, 9, 11, C -SPAN, E -TV and public, educational and governmental channels that carry City Council meetings, school programming, local high school sports and community events. • Some confusion has been caused by the notification letters, including exactly who needs to get the adaptors, monthly charges that may apply, and whether those charges are justified. • In its role of overseeing the local cable franchise, the City and the Eagan City Council have received inquiries about what it can do to prevent or contain cost increases for the digital adaptors and basic cable services. • The matter was referred to the Finance Committee of the City Council which recommended that the public be given an opportunity to express its concerns at the February 19 City Council meeting and that a Comcast representative also be invited to answer questions. • That feedback will be heard tonight following a presentation by staff and legal counsel, and then after the public has had its opportunity to raise questions, Comcast will be provided a chance to respond. • Communications Director Garrison and Eagan's cable franchise attorney, Brian Grogan will lead the presentation • The attachments below provides significant background into the DTA and City authority issues. • In addition, according to Standard & Poors, Comcast has an equity market value of $100.5 billion (as of January 31) and annual net income of $5.972 billion (as of 9/30/12, the last period for which they have reported earnings). They are 49th on the Fortune 500 list and the company announced last week they will spend nearly $17 billion to acquire the remaining stake in NBC Universal and that Comcast reported a near record- breaking year with $20 billion in operating cash flow in the fiscal year 2012. • An analysis of recent Comcast price information for Eagan, effective January 1, indicates price increases on various video packages from 2.2% to $142.5 %. These include Limited Basic (formerly Basic) service going up 9.5 %. Equipment charges up 66 %, and Digital Latino Select tier going up 142.5 %. pv� For the basic tier and equipment, the City previously had limited authority to regulate those rates, but as you will see in Mr. Grogan's presentation, even that authority has been eroded under FCC rules. • In Boston, where that City also had its ability to regulate basic rates taken away from it in 2002, one analyst's estimate was that by 2011 Comcast was charging its Basic Service rate customers a rate almost 75% higher than the estimated regulated rate would have been. ATTACHMENTS: • Memorandum from attorney Brian Grogan on pagesQOI through X6. • Copy of Xfinity (Comcast) local Eagan notice on pagesa(9(y and dO . • Sample communication from Eagan resident on page )O'b . • Comcast price information with percentage rate hike analysis on pagesDO7 through aL� . Moss & Barnett A Professional Association MEMORANDUM To: Tom Garrison, Communications Director - City of Eagan From: Brian T. Grogan Date: February 12, 2013 Re: FCC Cable Rate Regulation - Effective Competition January 2013 New DTA fee Effective January 1, 2013 Comcast implemented a rate change which assesses all cable subscribers in Eagan a new equipment charge of $1.99 for each digital transport adapter ( "DTAs' within the household. As a result, cable subscribers that had selected up to two ""free" DTAs offered by Comcast are now subject to a rate increase of as much as $3.98 per month (2 X $1.99) in order to continue to receive the exact same programming on the same number of television sets within their household. This will amount to approximately $25 per DTA per year in added costs for each cable subscriber in Eagan. For customers that elected to receive two "free"' DTAs, their cable rates will now increase by $50 per year despite the fact that they ordered no new services or receive the benefit of no additional functionality. At least one neighboring jurisdiction retained a national rate expert to review the new rates to be charged by Comcast. The issues raised by this rate expert call into question other rates charged by Comcast, and those are summarized in Attachment A. Unfortunately, the City of Eagan no longer has the right to regulate Comcast's cable rates as will be more fully explained below. March 2013 Digital Conversion In late December Comcast sent written notices notifying Eagan cable subscribers of Comcast's intent to convert the remaining (Basic One) channels from analog to digital sometime in mid -March 2013. This notice offers subscribers a limited number of "free" DTAs just as Comcast did 2 years ago when it underwent its first digital conversion. The City is concerned that once the "free" DTAs are deployed, Comcast will once again unilaterally impose a service fee for the DTAs resulting in yet another significant price increase - similar to the scenario in the prior paragraph. 22642000 aol Tom Garrison February 12, 2013 Page 2 The City is attempting to understand the impact this new digital conversion will have on Basic One subscribers, Basic Two subscribers, institutions such as schools and municipal facilities that receive complimentary cable service from Comcast, and the City's own PEG channel distribution to Comcast. The City has also been in communication with a group of other metro area LFA's, and Comcast has agreed to meet with this group to help answer technical questions. The elimination of all analog channels in Eagan was certainly anticipated and is the logical next step in the delivery of video to the household, but it raises a number of concerns for the City including: 1) Basic customers may no longer be able to obtain HD channels without paying for an HD converter - Comcast will be encrypting the local broadcast HD channels. 2) Subscribers will lose the ability to watch one channel while recording another unless the subscriber upgrades to more expensive Comcast provided equipment. 3) A universal remote owned by a subscriber can't change channels of the DTA. 4) The digital conversion will result in numerous blank channels. City's Authority to Regulate Cable Rates Historically the City of Eagan has enjoyed the right to regulate the rates charged by Comcast for the provision of cable service. This is because Comcast is the only franchised cable operator in the City and residents have very little choice regarding alternative cable service providers. Several years ago, in the summer of 2007 Comcast submitted to the Federal Communications Commission ( "FCC ") a "Petition for Special Relief" requesting that the FCC revoke the City's authority to regulate Comcast's basic cable rates. Comcast argued that under the FCC rules, Comcast was subject to "effective competition" as defined under the § 623 of the Federal Cable Act. In order to be considered subject to effective competition, a cable provider must demonstrate that another competitor is present in a given community or that residents are electing to receive cable service from satellite providers (known as Direct Broadcast Satellite providers — DBS). In the case of DBS competition, the cable provider must demonstrate that 15% or more of the households in the City subscribe to DBS (Direct TV or Dish Network). On or about August 6, 2007 the FCC issued a Public Notice regarding Comcast's petition which allowed any interested party to comment on the petition (copy attached). The deadline for submission of a response to the petition is 20 days from the date the Public 2264200v1 q�0 Tom Garrison February 12, 2013 Page 3 Notice or in this case August 26, 2007. The Eagan and Burnsville Mayors filed a letter of opposition to the petition. Comcast thereafter filed a reply to the Mayors' letter. Several years later, on March 17, 2011 the FCC issued an Order (DA 11 -522 - copy attached) granting Comcast's petition for a determination of effective competition, thereby revoking City's authority to regulate cable service rates. Effective Competition - What Does This Mean? The theory of the FCC's ruling is that if there is true effective competition in the market, rates should not need to be regulated as the marketplace will keep rates in check. The basic premise is that if cable subscribers do not like the rates charged by Comcast, those subscribers can elect to subscriber to Direct TV or the DISH Network. Now that the FCC has determined that Comcast is subject to effective competition, the City can no longer regulate rates for: 1. the basic cable services tier — or any other cable service tier; 2. converters; 3. remotes; 4. installation, and 5. hourly service charges for truck rolls by Comcast. In addition, as a result of the effective competition finding, a number of other FCC regulations are no longer enforceable against Comcast by the City including: 47 C.F.R. § 76.980 which places limitations on the charges which can be imposed by a cable operator on a customer for various changes in the services which the customer selects from the cable operator; • 47 C.F.R. § 76.981 which prohibits negative option billing by a cable operator; and 47 C.F.R. § 76.984 which requires a uniform rate structure throughout a franchise area with respect to the rates charged by a cable operator for basic service, cable programming service, and associated equipment and installation charges. This would prevent neighbors from being charged different rates for the same service. Comcast had the burden under FCC regulations to demonstrate that effective competition exists. Comcast was successful in meeting the FCC's standard regarding satellite penetration — Comcast proved to the FCC that 15% or more of households in the City subscribed to DBS services. In Eagan Comcast argued that a 16.56% DBS penetration rate was present, just barley over the minimum 15% required. 22642000 Tom Garrison February 12, 2013 Page 4 So long as DBS continues to provide competition in the City all rate regulations of the FCC will be unenforceable against Comcast. To the extent DBS penetration in the City were to be significantly reduced, the City must then petition the FCC to reverse its decision regarding effective competition. The City, under such a petition, would have the burden of demonstrating that effective competition is no longer present in the City by showing DBS penetration of less than 15 %. Conclusion Because the City has been stripped of its cable regulation authority, through no choice of its own, it no longer has regulatory authority over cable rates. What the City can do, however, is allow cable subscribers to voice their concerns regarding increased equipment rates in an open session before the Council. Comcast has been invited to listen to these subscriber comments and provide a reply to both the City and cable subscribers. Upon hearing subscriber input and any explanations from Comcast, the City Council may choose to direct staff to send a letter to appropriate federal or state authorities outlining the City's concerns with the disparate and illogical application of the FCC cable rate regulations. Current FCC regulations result in a city such as Eagan being rendered powerless to assist its constituents with ever - increasing cable rates and service fees while a neighboring jurisdiction with nearly identical service (served from the same cable system) remains able to regulate rates and service fees for the benefit of residents in that community. 2264200v1 X Attachment A In addition to the Comcast charges for DTAs, at least one neighboring jurisdiction has retained a national rate expert who has raised several additional issues about the imposition of other new fees. While the City of Eagan no longer has the right to regulate rates for the provision of cable services by Comcast, these issues include: 1. HD Technology Fee — Comcast has for several years been including on its rate cards an HD Technology Fee that supposedly covers the "costs" of delivering HD video programming services to HD subscribers and of providing a HD convertor and remote to view such programming services. Specifically the rate card footnotes that the HD Technology Fee includes an HD convertor and remote. The intent of the 1992 Cable Act was to separate, or unbundle, the costs of cable services from the associated equipment costs in order to avoid the over - collection or double - recovery of equipment and /or programming costs. By requiring a subscriber to pay the HD Technology Fee that includes a service and an equipment component in order to receive HD video programming services, Comcast may be violating the unbundling requirement set forth in the 1992 Cable Act and the FCC rules. 2. HD DVR Service Fee — Comcast is charging subscribers a "'service" fee to use the DVR functions embedded in its DVR convertor boxes. Comcast may be over - collecting for equipment costs because the DVR convertor equipment costs included in its regulatory filings in other jurisdictions indicate that it already recovers all of the costs associated with the capabilities of the DVR convertor to record, store, play back, fast forward and rewind programs without any separate "service" actually being provided by Comcast. As a result Comcast appears to be over - collecting its equipment costs by including the DVR convertor equipment cost and also charging subscribers a "'service"" fee. 3. Convenience Fee — Comcast is charging subscribers a "service" fee of $5.99 to make a payment over the phone. Consultants for other franchise jurisdictions believe that this fee is not allowed under the basic service regulation scheme. When the original unbundling of equipment and service costs was developed in 1993 and 1994, other than the specific rates for equipment, all other "service" costs were including in the video programming service rates. Consequently, all costs associated with telephone payment activities are to be contained in Comcast's programming rates, but if relieved from rate regulation by the FCC this allows potential over collection of costs as the consumer's expense. 2264200vI aQ T 10 River Park Plaza C®MC (Ist, St. Paul, MN 55107 Effective March 14, 2 013 Digital equipment is needed on all your TVs to receive Limited Basic channels. There's no additional monthly service charge. Dear We are currently upgrading our network to an all- digital platform to provide you with a crisp digital picture and sound. Once the upgrade is complete, you may need a digital converter, digital adapter or CableCARDTM on each of your TVs to continue using your current channels. If you have TVs without one of F, these devices, simply: Digital converter Digital adapter Call 1- 877 - 634 -4434 and speak to a helpful representative, or visit comcast.com /digitainow. Order a digital adapter for each TV without equipment. A monthly CA fee of $1.99 will be charged for each digital adapter per additional outlet. Shipping is free for this order. Connect your digital adapters to the TVs and follow the easy activation instructions. If you'd like professional installation, we can provide it for an additional charge. Once activated, you'll watch all your current channels with crisp digital picture and sound. Plus, you'll receive new channels like ESPN, A &E, Food Network and Disney Channel. Order your equipment by March 14, 2013. Call 1- 877 - 634 -4434 or visit comcast.com /digitainow today. P.S. If you do nothing, you may not be able to receive channels with your current equipment. Act today. 1-877-634-4434 Please have the following information ready: Unique Digital ID #: Account #: Home Phone #: Call us at 1-877-634-4434 or visit comcast.com/dig ita I now to order your equipment Not available in all areas. Limited to residential customers receiving Limited Basic service. QAM tuner Ns will continue to receive Limited Basic channels 2 -6, 8 -21, 23, 80, 81, 96, 98, 99,104,127, 243 - 247, 249, 252, 253 and 291 without a digital device unless signals are encrypted. Customers with an authorized CableCARD device will not require additional equipment. Pricing subject to change. Applicable equipment, installation, taxes, franchise and other fees extra. Call for details. © 2012 Comcast. All rights reserved. a°" -" er DM1 DIGI Z4EA Get the right digital equipment by March 14, 2013. Once you do, you'll continue to enjoy these Limited Basic channels: ............................................................................................ Ch. 2 TPT - 2 (PBS) Ch. 9 KMSP - 9 (FOX) ............................... Ch. 15 E -TV Community Ch. 3 KPXM - 3 (ION) Ch. 10 WFTC - 10 (MNT) Ch. 16 E -TV Government Ch. 4 WCCO - 4 (CBS) Ch. 11 KARE - 11 (NBC) Ch. 17 TPT - Life Ch. 5 KSTP - 5 (ABC) Ch. 12 KSTC - 12 (IND) Ch. 18 School District 191 Ch. 6 Metro 6 Ch. 13 Local Programming Ch. 19 School District 196 Ch. 8 WUCW - 8 (CW) Ch. 14 BV Access /ISD 197 Ch. 20 E -TV Eagan Television ................................................................................................. Call ®877 @634 -4434 ............................... or visit comcast.com/dilgital now. aar7 Ch. 21 C -SPAN Ch. 23 WGN America Ch.96 HSN Ch.98 QVC Ch. 99 WUMN - 99 (Univision) From: michael wissbaum [mailto:wiss1958C -a gmail.com] Sent: Friday, January 25, 2013 5:15 PM To: City Council Subject: Comcast new charges for old digital boxes Not sure where to go with this but... Please check your recent Comcast cable bills. Comcast is now charging each subscriber $1.99 per digital box (small box) for each box. When Comcast went digital they gave each of us a main box that remains free and two smaller boxes. The happened many years ago. Comcast has now begun to charge each of us $1.99 per box for a box that they gave us for free. Here is the issue... The boxes cost about $50 a piece and we are paying $24 a year for a box that they gave us free a few years ago. Over 5 years we will have paid $240 for boxes that cost $50 and they already gave them to us for free. I am wondering who watches Comcast and ok's rate increases. I feel if they want to charge new customers this charge it would be within their right, but not for customers that were given the boxes when Comcast went digital. Our cable bills have gone up $20 in two years. Regards, Michael Wissbaum ��r COMCAST PRICE INFORMATION Burnsville /Eagan Serving the cities of: Burnsville, Eagan, Corcoran, Hamel, Rogers, Medicine Lake and Hanover /Wright, MN Dear Valued Customer: December, 2012 All of us at Comcast are committed to improving your entertainment and communications experience, and we continue to invest in making your services even better. While we continue to make these and other investments, we periodically need to adjust prices due to increases we incur in programming and other business costs. Starting January 1, 2013, new prices will apply to select* Video and Internet services and equipment as indicated in this letter, We want to make sure you are getting the most out of your XFINITY® services. Here are some highlights of the many services available to you, as well as some of the improvements we've made in the past year: • XFINITY On DemandTM -gives you thousands of top shows, hit movies and more -with 90% FREE. • XFINITY delivers the fastest Internet. You get reliably fast speed -even during peak use periods -so you have the speed you need to connect all your devices at the same time. • We now offer many free help and how -to videos. Visit www.youtube.com /xfinity to learn how to program your remote control or your DVR, manage parental controls, sign up for paperless billing, and so much more. • We've improved our online experience. We invite you to visit our new and improved website: www.comcast.com /myaccount to login or set up your user name. You can manage your account preferences, equipment settings, pay your bill, manage appointments, and get help whenever you need it. You can also watch your favorite programs online, set your DVR, and add your favorite shows to your Queue. Plus, visit our mobile site at m.comcast.com from your smartphone to manage appointments, check your balance, and receive text alerts. Of course, we back up our services with the Comcast Customer GuaranteeTM. We promise to provide you a consistently superior experience, including 24/7 customer service, two -hour appointment windows and on -time arrival -or we'll give you a free premium channel for three months. Still have questions? Visit us at www.comcast.com /questions or call us at 866 -290 -6135. Thank you for choosing Comcast. We value you as a customer, and we look forward to continuing to serve you. If you are currently receiving services on a promotional basis, under a minimum tern agreement associated with a specific rate, or in the guaranteed period of one of our SurePricerm plans, the prices for those specific services will not be affected during the applicable period. BASIC SERVICES (per month) New Limited Basic (formerly Basic) ....... . ................ $ 12.37 $ 13.54 Effective 111113, Basic will be renamed to Limited Basic. This change will not othery affect the services you are currently receiving. BASIC AND DIGITAL ANCILLARY SERVICES (per month) Current HD DVR Service .... ..............................$ 16.95 $ 17.95 537' Digital Additional Outlet Service ....................... $ 8.75 $ 9.25 SJ% with HD .............. . ........................$ 8.75 $ 9.25�� with HD DVR Service .............................$ 16.95 $ 17.95 5� with AnyRoom® DVR Service (1 outlet) ............... $ 8.75 $ 9.255, �r1 with AnyRoom® DVR Service (2 outlets) ..............$ 17.50 $ 18.50 S. j°1 with AnyRoom® DVR Service (3 outlets) ..............$ 26.25 $ 27.755;' Digital Adapter Additional Outlet Service $244.9502.15/4 TRIPLE PLAY PACKAGES (per month) (1st and 2nd additional outlets)* ....................$ 0.00 $ 1.99 *Not available for Basic only subscribers DIGITAL SERVICES (per month) Current Price New Price Digital Starter ..................................... $ 66.49 I/ $ 68.99 hyo Digital Preferred ..... ..............................$ 84,49 $ 86.99 3.61 Digital Preferred Plus . ...... ........................$113.99 $116.49AA/i Digital Premier ....................... . ............$128.99 $136.49 5, el) EQUIPMENT (per month) Current Price New Pr! 6' Digital Converter .... . ....... . .....................$ 0.60 $ 1.00 CableCARD (second card in same device) ...............$ 0.00 $ 1.1'0.__>- 5070, 5080, 5590, 5600, 5610, 5620 XFINITY TRIPLE PLAY PACKAGES (per month) 84.85 $ 89.85 51lP XFINITY INTERNET (per month) Current Price New Price IStarter XF Triple Play Bundle .............. $139.95 $144.953X Preferred XF Triple Play Bundle .......................$149.95 Performance :......................... $154.9533 %. HD Preferred XF Triple Play Bundle ....................$159,95 Performance - (with XFINITY TV or Voice Service) .........$ $164.95 3.14 HD Preferred Plus XF Triple Play Bundle ................$179.95 Blast!® ........... ..............................$ $184.95,100 HD Premier XF Triple Play Bundle ......................$209.95 Blastl® - (with XFINITY TV or Voice Service) ............. $214.95J.g1 HD Complete XF Triple Play Bundle ....................$239.95 $244.9502.15/4 TRIPLE PLAY PACKAGES (per month) Current Price New Price Economy Triple Play XF .............................$ 84.85 $ 89.85 51lP XFINITY INTERNET (per month) Current Price New Price Performance :......................... $ 62.95 $ 64.953,AY• Performance - (with XFINITY TV or Voice Service) .........$ 48,95 $ 51.956,x'`11? Blast!® ........... ..............................$ 72.95 $ 74.95A,�'t% Blastl® - (with XFINITY TV or Voice Service) ............. $ 58.95 $ 61.95.5.0 MISCELLANEOUS FEES Current Price New Price Convenience Fee - Payment Center ........ $ 1.99 $ 0.00 Certain services available separately or as a part of other levels of service. Service is subject to Comcast's standard terms and conditions of service. Unless otherwise specified, prices shown are the monthly charge for the corresponding service, equipment or package. Prices shown are for residential service only and do not include federal, state and local taxes, FCC user and franchise fees or Regulatory Recovery fees or other related costs, and are subject to change. Not all services are available in all ' areas. If you are a video service customer and you own a compatible digital converter or CableCARD device, please call 1- 800 - XFINITY for pricing information or visit www .comcast.com /equipmentpolicy. After a notice of an increase in rates, you may change your level of service at no additional charge for a period of 30 days from the effective date of the change. Otherwise, a fee may apply. Please refer to your billing statement for your Local Franchise Authority's name and address. SAACF2PJ SERVICES NO LONGER AVAILABLE FOR NEW SUBSCRIPTION (per month unless BASIC AND DIGITAL ANCILLARY SERVICES Standard Cable ...... ............................... $ 66.49 $ 68.99 61 SD DVR Service ...... ............................... $ 16.95 $ 17.955 HD DVR Service Promo .............................$ 19.95 $ 17.9510 HD Fee - Digital Additional Outlet ....................... $ 8.75 $ 9.25 6 Effective 111113, HD Fee - Digital Additional Outlet will be renamed to Digital Additional Outlet Service. This change will not otherwise affect the services you are currently receiving. XFINITY INTERNET Current Price New Price DIGITAL SERVICES Preferred Plus ............ ........................$202.89 / Expanded Basic ..... ..............................$ 54.12 $ 55.45�19�A1 Starter with HBO .... ..............................$ 86.48 $ 88.98 ,1,qf) Family Package ....... ..............................$ 30:06 a $ 31.195,6,7? Preferred with HBO ... ............................... $104.48 $106:9844,0% Digital Latino - Selecto ............................... $ 6.99 $ 16. 5 qA,§Jq Digital Latino - Selecto Total ........................... $ 8.99 $ 16.95 95 BASIC AND DIGITAL ANCILLARY SERVICES Standard Cable ...... ............................... $ 66.49 $ 68.99 61 SD DVR Service ...... ............................... $ 16.95 $ 17.955 HD DVR Service Promo .............................$ 19.95 $ 17.9510 HD Fee - Digital Additional Outlet ....................... $ 8.75 $ 9.25 6 Effective 111113, HD Fee - Digital Additional Outlet will be renamed to Digital Additional Outlet Service. This change will not otherwise affect the services you are currently receiving. XFINITY INTERNET Preferred ................ ........................$173.39 Package Internet Preferred Plus ............ ........................$202.89 (Performance Internet without TV or Voice Service) ........ $ 57.95 $ 64.95 01�1 Effective 111113, Package Internet will be renamed to Performance Internet. This change will not otherwise affect the services you are currently receiving. DOUBLE PLAY PACKAGES HD Premier Bundle (Premier Video +Voice Unlimited) ........ $168.94 ,,�/ $181.44 -4,M;7a High Speed Internet &Voice Bundle .....................$ 93.90 $ 96.90:5.111"1/1 High Speed Internet & Voice Bundle When subscribing to Internet ......................... $ 88.90 ',f, $ 91.903" " "go MultiLatino Double Play (MultiLatino + Performance Internet) ..................$108.90 , $111.9o'g.r MultiLatino Double Play (MultiLatino Max HD + Blast Internet) ..................$133.89 $141.89 Preferred Bundle (Preferred Video + Performance Internet) ............... $133.44 $138.94 Preferred Bundle (Preferred Video +Voice Unlimited ) ....................$129.44 $131.94B���a Preferred Bundle When subscribing to Internet ......................... $124.44 $126.94d.,011. Premier Video and Performance Internet . ................$177.94 $188;44 55RO Promotional Package (Basic with Performance Internet) ...... $ 59.95 $ 65.49 q „)I; Starter Bundle (Starter + Performance Internet) ............ $115.44 $120.94.;67 Starter Bundle (Starter +Voice Unlimited ) .................$111.44 $113.94d,Zf When subscribing to Internet . ........................$106.44 $108,94 ,2,3Y,o Starter Double Play (Starter + Economy Plus Internet) ........ $ 96.44 $ 98.94 �S/d Current Price New Price TRIPLE PLAY PACKAGES Value Bundle ( Starter+ Economy Plus Internet+ Voice Local with More) ... $121.39 $123.89 Value Plus Bundle �-SStarter+ Performance Internet +Voice Local with More) .. $140.39 8tarter .................. ........................$155.39 Preferred ................ ........................$173.39 Preferred Plus ............ ........................$202.89 Premier ................. ........................$237.88 HD Starter ............... ........................$139.95 HD Preferred ............. ........................$149.99 N $145.89 3,4,E $160.895,19f, $178.89 3,°/% $ 208.3 1 °, $ 237.64 -0,14 $144.95, $154.95, SAACF2PK Basic services 12.37 13.54 9.5% Basic and digital ancillary services 16.95 17.95 5.9% 8.75 9.25 5.7% 8.75 9.25 5.7% 16.95 17.95 5.9% 8.75 9.25 5.7% 17.50 18.50 5.7% 26.25 27.75 5.7% - 1.99 2.1% Average 2.7% 5.8% Min 59.95 5.7% Max 88. o 5.9% Digital services 139.95 66.49 68.99 3.8% 84.49 86.99 3.0% 113.99 116.49 2.2% 128.99 136.49 5.8% Average 2.4% 3.7% Min 2.1% 2.2% Max 2.9% 5.8% Equipment 0.60 1.00 66.7% - 1.10 Xfinity triple play packages 139.95 144.95 3.6% 149.95 154.95 3.3% 159.95 164.95 3.1% 179.95 184.95 2.8% 209.95 214.95 2.4% 239.95 244.95 2.1% Average 104.48 2.9% Min Min 2.1% Max 2.7% 3.6% Triple play packages 84.85 89.85 5.9 Xfinity internet 66.49 68.99 3.8% 62.95 64.95 3.2% 2.5% 48.95 51.95 6.1% 88.98 72.95 74.95 2.7% 30.06 58.95 61.95 5.1% Average 104.48 106.98 4.3% Min 126.94 6.99 2.7% Max 5.9% 59.95 6.1% Misc 1.99 - Digital services 66.49 68.99 3.8% 16.95 54.12 55.45 2.5% 17.95 -10.0% 86.48 88.98 2.9% Average 133.89 30.06 31.19 3.8% -10.0% Max 104.48 106.98 2.4% 124.44 126.94 6.99 16.95 142.5/ 5.9% 59.95 8.99 16.95 88. o 120.94 Average 111.44 113.94 40.4% 106.44 Min 2.3% 96.44 2.4% 2.6% Max 4.2% 142.5% Basic and digital ancillary services 66.49 68.99 3.8% 16.95 17.95 5.9% 19.95 17.95 -10.0% 8.75 9.25 5.7% Average 133.89 1.3% Min 133.44 -10.0% Max 129.44 5.9% Xfinity Internet 57.95 64.95 Double play packages 168.94 181.44 7.4% 93.9 96.9 3.2% 88.9 91.9 3.4% 108.9 111.9 2.8% 133.89 141.89 6.0% 133.44 138.94 4.1% 129.44 131.94 1.9% 124.44 126.94 2.0% 177.94 188.44 5.9% 59.95 65.49 9.2% 114.55 120.94 5.6% 111.44 113.94 2.2% 106.44 108.94 2.3% 96.44 98.94 2.6% Average 4.2% Min 1.9% Max 9.2% Triple play packages 121.39 123.89 2.1% 140.39 145.89 3.9% 155.39 160.89 3.5% 173.39 178.89 3.2% 202.89 208.39 2.7% 237.88 237.64 -0.1% 139.95 144.95 3.6% 149.99 154.95 3.3% Average 2.8% Min -0.1% Max 3.9% a�\ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 19, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Resolution Requesting that the City Council Schedule a Public Hearing to Consider Modification of Tax Increment District No. 1 Regarding the Construction of the Cedar Grove Parking Ramp F. OTHER BUSINESS G. ADJOURN J�a Agenda Information Memo Eagan Economic Development Authority Meeting February 19, 2013 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the February 5, 2013 EDA meeting are enclosed on pages through QJ 15 . ,S� J MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 5, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, February 5, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, 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 Tilley moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 CONSENT AGENDA Councilmember Fields pulled Item 2. Approve extension of preliminary redevelopment agreement with Pratt Development for the Cedar Grove Redevelopment District for separate action. Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 It is recommended to approve the minutes of January 15, 2013 EDA meeting as presented. Item pulled for separate action. Community Development Director Hohenstein gave a staff report with additional history on Item 2. Commissioner Fields indicated she had visited the Cassidy Turley and Pratt Development websites and said they lacked current information regarding the Paragon project as part of the Cedar Grove Redevelopment. Fields suggested the Council see a Sales and Marketing Plan at a future council meeting with an update in August 2013 to see how the marketing is going. It was noted that the Council Finance Committee reviews financial aspects of the Cedar Grove project and that they could review the concerns and suggestions at an upcoming meeting. After further discussion, President Maguire moved, Commissioner Fields seconded a motion to it was continue Consent Item 2. to the March 19, 2013 Economic Development Commission meeting with direction to staff to ask developers Pratt and Cassidy Turley to submit a Sales and Marketing Plan to be reviewed at time. Aye: 5 Nay: 0 There was no Old Business. OLD BUSINESS \LA NEW BUSINESS APPROVE SELECTION OF WALKER PARKING FOR DESIGN SERVICES FOR THE CEDAR GROVE PARKING RAMP AND AUTHORIZE NEGOTIATIN OF AGREEMENT Community Development Director Hohenstein introduced the item noting proposals for design services were received from four highly reputable design firms. Of the four proposals received, staff recommends that it is in the EDA /City's best interest for Walker Parking Consultants, Inc. to complete all of the necessary design services related to the Cedar Grove Parking Ramp. Councilmember and Commissioner Tilley moved, Councilmember and Commissioner Hansen seconded a motion to approve consulting engineering services agreement with Walker Parking Consultants /Engineers, Inc. for Contract 13 -05 (Cedar Grove Parking Ramp) and authorize the President and Executive Director to execute all related documents. Aye: 5 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date `1b Thomas Hedges, Executive Director Agenda Information Memo Eagan Economic Development Authority Meeting New Business February 19, 2013 1. RESOLUTION REQUESTING PUBLIC HEARING FOR MODIFICATION OF TAX INCREMENT DISTRICT NO. 1 FOR CEDAR GROVE REDEVELOPMENT ACTION TO BE CONSIDERED: Approve a resolution requesting the Eagan City Council to Call for a Public Hearing to Consider Modifications to the Cedar Grove Redevelopment Tax Increment Financing Plan as Presented. FACTS: • The Eagan Economic Development Authority (EDA) approved a purchase agreement with Paragon Outlets under which Paragon will acquire the property in the Cedar Grove Redevelopment 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. • The original Redevelopment Plan and Tax Increment Financing Plan for the District did not include construction of a parking ramp and it is appropriate to update and modify those plans to acknowledge the progress that has occurred in that regard. Because of the parallel, but different roles the EDA and City Council play in amendments of this kind, the first step in the process is for the EDA to request that the City Council schedule a public hearing to consider the modifications. ATTACHMENTS: Copy of Ehlers Memo regarding upcoming actions on pages Q9 through a\c( Resolution on pages a'aO through a a� IQ \ �0 Memo To- Jon Hohenstein, City of Eagan From: Rebecca Kurtz and Mark Ruff, Ehlers Date- February 19, 2013 Abject: Modification to TIF District No. 1 within the Cedar Grove Redevelopment Project Area Per our discussions, the Eagan EDA and City of Eagan will be considering a modification to TIF District No. 1 located within the Cedar Grove Redevelopment Project Area. The main reason for the Modification is to update the budget and bonded indebtedness based anticipated revenues and total expenses. The sources of revenue will be revised based on the Paragon project and other future development, and the uses will be updated to include expenses to date as well as the anticipated expenses. In addition to the budget modification, we recommend that as part of the process we update the project description and clarify the parcels included in the District since some of the parcel numbers have changed since the certification in 2003. A proposed timeline of activities for the Modification is attached. to HL R G�na�r�s i� ru��:�t rrNn�v�i Minnesota Offices also In Wisconsin and Illinois QVI \A' w, h[ o, lg- inc.com phone 651 - 697.8600 3060 Centre Pointe Drive lax 661. 607 -3555 Roseville, MN 55113 -112P. toll free 800 -657 -1171 SCHEDULE OF EVENTS EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND THE EAGAN CITY COUNCIL FOR THE MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 1 LOCATED IN THE CEDAR GROVE REDEVELOPMENT PROJECT AREA (a redevelopment district) February 12, 2013 February 6, 2013 Finance Committee meets to discuss potential Modification of TIF District No, 1. February 19, 2013 EDA requests that the City Council call for a public hearing. February 25, 2013 Project information, property identification numbers, and maps sent to Ehlers and Associates for drafting documentation. March 5, 2013 City Council calls for public hearing on the Modification of Tax Increment Financing District No, 1. N/A Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). *The County Board, by law, has 45 days to review the TIF Plans to determine if any county roads will be impacted by the development. Because the City staff believes that the proposed tax increment financing districts will not require unplanned county road improvements, the TIF Plans will not be forwarded to the County Board 45 days prior to the public hearing. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing. March 6, 2013 Letter received by County Commissioner giving notice of Modification of Tax Increment Financing District No. 1 (at least 30 days prior to publication of public hearing notice). [Ehlers will e -mail and mail on March 6, 2013]. March 15, 2013 Fiscal /economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will fax and mail on or before March 15, 2013] March 26, 2013 Planning Commission meets at 6:30 p.m. and reviews Modification to determine if it is in compliance with City's Comprehensive Plan. April 2, 2013 EDA considers the Modification. [Ehlers will send EDA packet information via email on or before March 26, 2013] SCHEDULE OF EVENTS - PAGE TWO EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND THE EAGAN CITY COUNCIL FOR THE MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 1 LOCATED IN THE CEDAR GROVE REDEVELOPMENT PROJECT AREA (a redevelopment district) April 5, 2013 Date of publication of hearing notice and map for the Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 (at least 10 days but not more than 30 days prior to hearing). [Sun Thisweek publication deadline April 2, 2013 — Ehlers will submit notice and map to newspaper via email at or before noon] May 7, 2013 City Council holds public hearing at 6:30 p.m, on the Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 and adopts the resolution approving the Modification. [Council packet information sent by April 30, 2013.] May 7, 2013 Council calls for the sale of General Obligation TIF Bonds. 12013 City authorizes Ehlers to request certification of the Modification. , 2013 Ehlers requests certification of the Modification with County and State. Week of May 20, 2013 Distribute Official Statement for G.O. TIF Bonds. Week of May 20, 2013 Conference call with Rating Agency, June 4, 2013 City Council meets to award sale of G.O. TIF Bonds. June 28, 2013 Estimated closing date for G.O. TIF Bonds. July 2, 2013 Deadline for Legislative extension of the 5 -year Rule, a 4 j" :: - �9 EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN COUNTY OF DAKOTA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF EAGAN CALL FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE CEDAR GROVE REDEVELOPMENT AREA AND THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 (A REDEVELOPMENT DISTRICT). BE IT RESOLVED, by the Board of Commissioners (the "Board ") of the Eagan Economic Development Authority (the "EDA ") as follows: WHEREAS, the City Council (the "Council ") of the City of Eagan, Minnesota (the "City ") established the Cedar Grove Redevelopment Area pursuant to Minnesota Statutes, Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and WHEREAS, the EDA is proposing a Modification to the Redevelopment Plan for the Cedar Grove Redevelopment Area and a modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1, all pursuant to, and in accordance with, Minnesota Statutes, Sections 469.174 to 469.1799 and Sections 469.090 to 469.1082, inclusive, as amended; NOW, THEREFORE BE IT RESOLVED by the Board as follows: 1. The EDA hereby requests that the Council call for a public hearing on May 7, 2013, to consider the proposed adoption of a Modification to the Redevelopment Plan for the Cedar Grove Redevelopment Area (the "Redevelopment Plan Modification ") and the proposed adoption of a Modification to the Tax Increment Financing Plan (the "TIF Plan ") for Tax Increment Financing District No. 1 ( "TIF District No. 1 "), a redevelopment tax increment financing district, (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the " Modifications ") and cause notice of said public hearing to be given as required by law. 2. The EDA directs the Community Development Director to transmit copies of the Modifications to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Modifications are in accordance with the Comprehensive Plan of the City, prior to the date of the public hearing. 3. The Community Development Director is hereby directed to submit a copy of the Modifications to the Council for its approval. 4. The EDA directs the Community Development Director to transmit the Modifications to the county and the school districts in which TIF District No. 1 is located not later than March 15, 2013. 5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Modifications and related documents and to undertake other actions necessary to bring the Modifications before the Council. Approved by the Board on February 19, 2013. ATTEST: Jon Hohenstein Deputy Executive Director (Da.\ Mike Maguire President Agenda Information Memo Eagan Economic Development Authority Meeting February 19, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. j3 9,