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01/05/2016 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JANUARY 5, 2016 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE Minutes B. PERSONNEL Items C. APPROVE Check Registers D. APPROVE Contracts E. ACCEPT Grant Amendment and Approve a Resolution Authorizing Execution of an Agreement between the State of Minnesota and the Dakota County Drug Task Force F. APPROVE Resolution to Accept a Donation from a citizen in the amount of $100 for the Fire Department and authorize the necessary Budget Adjustments G. APPROVE Resolution to modify the 2016 Fee Schedule H. APPROVE Premise Permit for the Miesville Lions to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road I. APPROVE Extension — Spectrum Business Park Conditional Use Permits and Variances J. APPROVE Final Planned Development for Lot 2, Block 2, Boulder Lakes K. AUTHORIZE Submittal of FY 2016 Community Development Block Grant (CDBG) Program application to the Dakota County Community Development Agency L. APPROVE Final Payment, City Contract 15-16 - Parkcliff Water Main Improvements M. APPROVE Plans & Specifications, Contract 16-06 — Pond EP -2.01 Improvements, and authorize bid opening for February 11, 2016 N. AWARD Contract 16-07, South Treatment Plant Backup Power Generator Control Improvements 0. RECEIVE Draft Feasibility Report for Project 1197, Cedar Grove 4th — Street Improvements, and schedule Public Hearing for February 2, 2016 P. RECEIVE Draft Feasibility Report for Project 1198, Blackhawk Forest Centex Vermilion — Street Improvements, and schedule Public Hearing for February 2, 2016 Q. RECEIVE Draft Feasibility Report for Project 1199, Red Oaks Woodlands 4th Verdant Acres — Street Improvements, and schedule Public Hearing for February 2, 2016 R. RECEIVE Draft Feasibility Report for Project 1200, Diffley Commons — Street Improvements, and schedule Public Hearing for February 2, 2016 S. RECEIVE Draft Feasibility Report for Project 1201, Kingswood Ponds —Street Improvements, and schedule Public Hearing for February 2, 2016 T. AUTHORIZE the Review of Right -Of -Way Management Options (for Potential Ordinance Amendments) U. APPROVE Resolution to Accept a Donation from the J. A. Wedum Foundation in the amount of $5,000 for the 1914 Town Hall Project V. PUBLIC HEARINGS A. PROJECT 1191, Eagandale Corporate Center Street Improvements B. PROJECT 1203, Mallard Park 2nd Street Improvements C. PROJECT 1196, Cedar Grove 3rd Street Improvements D. PROJECT 1192, Johnny Cake Ridge Road Street Improvements E. RESCHEDULE Public Hearing for Project 1193, Denmark Ave/ Timbershore/ Pilot Knob Heights Street Improvements to Tuesday, January 19, 2016 VI. OLD BUSINESS A. CONDTIONAL USE PERMIT— Nitti Sanitation/ Keith Hurley -A Conditional Use Permit for outdoor storage of materials, equipment and an above ground fuel tank located at 1725 Meadow View Road B. RECONSIDER CityVue Apartments Condition of Approval VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT and ON -SALE AND SUNDAY LIQUOR LICENSE - Cliff Lake Market Place / Troy Dewitt - a Planned Development Amendment to allow on -sale liquor located at 1965 Cliff Lake Road and On -Sale and Sunday Liquor License for Twisted Brothers Eagan LLC DBA Wyatt's Twisted Americana B. REZONING, PRELIMINARY PLANNED DEVELOPMENT and PRELIMINARY SUBDIVISION - Affinity of Eagan/ Robert Ketner - a Rezoning from CGD, Cedar Grove District to PD, Planned Development, a Preliminary Planned Development to allow a multi -story senior apartment building of 173 units and townhomes and a Preliminary Subdivision to create 2 lots; all upon 4 acres currently platted as Outlot A, Paragon Addition C. REZONING — Minnesota Autism Center/ Ryan Companies, Dan Mueller - A Rezoning of 0.75 unplatted acres from CGD, Cedar Grove District to PD, Planned Development located at the SE corner of Nicols and Silver Bell Roads VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Joint Powers Agreement with CDA for Open to Business Program D. OLD BUSINESS E. NEW BUSINESS 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 XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4 �) hCity of Eakan mw TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: DECEMBER 30, 2015 SUBJECT: AGENDA INFORMATION FOR JANUARY 5, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 5, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo January 5, 2016 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 December 15, 2015 regular City Council meeting as presented or modified. Attachments: (1) CA -1 December 15, 2015 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 15, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Tuesday, December 15, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Director of Communications Garrison, Acting Parks & Recreation Director Flewellen, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of November 30, 2015 regular City Council meeting and December 8, 2015 Special City Council meeting as presented or modified. B. Personnel Items: It was recommended to approve the proposed 2016 non-union Compensation Plan for all regular non -collective bargaining employees, which will reflect a 2% increase effective on or about January 1, 2016, to coincide with the pay period. It was recommended to approve the adjustments to the City Administrator's 2016 compensation to meet the State's salary cap law. It was recommended to authorize preparation of an application to the State of Minnesota for waiver of the salary cap in future years. C. It was recommended to ratify the check register dated November 30 and December 4, 2015 as presented. D. It was recommended to approve the ordinary and customary contracts with Brave New Institute dba Brave New Workshop Student Union, Yuming Fine Arts, and Environmental Systems Research Institute, Inc. E. It was recommended to approve the 2016 Parks and Recreation Department CIP for park improvements. City Council Meeting Minutes December 15, 2015 2 page F. It was recommended to approve a resolution to accept a donation from Spotlight Media Relations for $7,500 in public relations services during 2016 for focused messaging on art/artists in Eagan, including Eagan Art House activities. G. It was recommended to adopt a resolution authorizing the submittal of a 2016 CDA Redevelopment Incentive Grant (RIG) program application for assistance within the Cedar Grove Redevelopment Area. H. It was recommended to approve a 60 -day extension to the Final Plat approvals for property located at 4095 Blackhawk Road. I. It was recommended to approve an extension of time to May 1, 2016 to complete installation of grillwork and pergolas for property at 3965 Eagan Outlets Parkway, Twin Cities Premium Outlets. J. It was recommended to adopt a resolution accepting a $1,000 cash donation from Patricia Judge in honor of her late husband Gregg and direct the funds to revenue account number 1102.2862 for account purposes. K. It was recommended to approve the 2016-2020 General Facilities Renewal & Replacement (R&R) Capital Improvement Plan (CIP) and the 2016 budget within that plan. L. It was recommended to approve the 2016-2020 Vehicles and Equipment Capital Improvement Plant (CIP) and the 2016 budget within that plan. M. It was recommended to receive the Draft Feasibility Report for Project 1142 (Nicols Road — Street Improvements) and schedule a public hearing to be held on January 19, 2016. N. It was recommended to receive the Draft Feasibility Report for Project 1194 (Whispering Woods 9th —12th Additions — Street Improvements) and schedule a public hearing to be held on January 19, 2016. O. It was recommended to receive the Draft Feasibility Report for Project 1195 (Oslund Timberline / McCarthy Ridge — Street Improvements) and schedule a public hearing to be held on January 18, 2016. P. It was recommended to receive the Draft Feasibility Report for Project 1202 (Commers Drive —Street Improvements) and schedule a public hearing to be held on January 19, 2016. Q. It was recommended to approve a Joint Powers Agreement through December 31, 2018, with Dakota County Soil and Water Conservation District for Technical Services for conservation projects through 2018, and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2016. S. It was recommended to approve the plans and specifications for Contract 15-04 (Sperry Tower Recommissioning) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, February 4, 2016, at the North Water Treatment Plant, located at 3419 Coachman Point, Eagan, MN. T. It was recommended to approve the plans and specifications for Contract 15-23 (Well No. 3 Restoration — Water System Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 4, 2016 at the North Water Treatment Plant, located at 3419 Coachman Point, Eagan, MN. U. Item was removed. V. It was recommended to approve the final payment for Contract 15-07 (2015 City-wide Sewer Lining — Sanitary Sewer Improvements) in the amount of $155,001.60 to Insituform Technologies USA, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. City Council Meeting Minutes December 15, 2015 3 page W. It was recommended to approve the final payment for Contract 15-09 (2015 Trail and Parking Lot improvements) in the amount of $86,119.23 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. X. It was recommended to approve the modifications of the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III — Infrastructure (2016-2020), Water Quality Improvements to add the following: Project 65-160006, Central Maintenance Facility Storm Water BMPs (2016) $500,000 (water Quality Fund 1127). Y. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the revocation of a segment of Yankee Doodle Road currently listed on the City of Eagan's Municipal State Aid (MSA) roadway system. Z. It was recommended to approve the official summary of Ordinance No. 550, a Franchise Agreement with Minnesota Energy Resources Corporation, and authorize the Mayor and City Clerk to direct its publication. AA. It was recommended to approve a resolution to accept a donation from Bob Lane, a citizen of Eagan, in the amount of $500 toward the restoration of the Historic Eagan Town Hall. BB. It was recommended to approve an easement vacation of public drainage and utility easements located on Lots 1 and 2, Block 1, Oakbrooke 8th Addition, and to approve a final plat (Oakbrooke 91h Addition) upon approximately one acre located south of Deerwood Drive between Blackhawk Middle School and Johnny Cake Ridge Road. CC. It was recommended to approve Change Order No. 2 to Contract No. 15-10, Old Town Hall Repairs and Renovation, and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS Variance — 2949 Skyline Drive (Aspen Builders, Jorj Ayaz/Reza Alizabeh) City Administrator Osberg introduced the item noting the Council is being asked to approve a variance to exceed the maximum 20% building coverage by 1.7% for property located at 2949 Skyline Drive. City Planner Ridley gave a staff report and provided a site map. Jorj Ayaz, Aspen Builders, representing the applicant, 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 Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve a variance to exceed the maximum 20% building coverage by 1.7% for property located at 2949 Skyline Drive, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. City Council Meeting Minutes December 15, 2015 4 page 2. The applicant shall obtain a Building Permit prior to construction of the addition. 3. The applicant shall identify the property line and verify compliance with required setbacks at the time of the footing inspection. 4. The addition shall be constructed of exterior materials similar and compatible to the principal building. There was not old business to be heard. OLD BUSINESS NEW BUSINESS Planned Development, Final Planned Development and Final Plat Summit Orthopedics / Alex Young MSP Commercial City Administrator Osberg introduced the item noting the Council is being asked to approve a planned development amendment and final planned development to construct a three-story 70,000 s.f. medical office and clinic for Summit Orthopedics upon approximately 4.2 acres located at the southwest corner of 1-494 and Pilot Knob Road. City Planner Ridley gave a staff report and provided a site map. Ridley noted a revised plan was received addressing the building and parking lot setbacks, parking stall sizes and counts, green space, signage and tree mitigation. Jameson Young, Summit Orthopedics CFO, introduced herself and provided an overview of Summit's operations, their desire to consolidate existing Eagan operations at this site and to expand services provided in Eagan. The applicant Alex Young, MSP Commercial, explained MSP's approach to the site development. Young noted the modifications on the revised plans that address the concerns of the nearby property owner. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. The Council discussed the request. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment and Final Planned Development, per the revised plan, to construct a three- story 70,000 s.f. medical office and clinic upon approximately 4.2 acres located at the southwest corner of 1-494 and Pilot Knob road, subject to the following conditions as presented: Aye: 4 Nay: 0 A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan City Council Meeting Minutes December 15, 2015 5 page 2. The property shall be re -platted. 3. The building shall incorporate sound attenuation measures to achieve an interior sound level reduction of 24 dBA within Zone 3 per City ordinance. Compliance with this standard shall be demonstrated at the time of Building Permit. 4. The color of the rooftop mechanical suite panels shall match the color of the brick or building trim. 5. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 6. The overall planting plan shall be revised, in a manner acceptable to the City Forester, to provide appropriate spacing of plant materials to allow for mature growth, and greater amount of plant materials designated to fulfill minimum landscape standards. 7. Tree mitigation shall be fulfilled with a cash payment of $94,800.00, payable prior to any land disturbance on the property. 8. The applicant shall obtain temporary construction easements or agreements for any construction occurring outside the property, in a form acceptable to the City Attorney, prior to the release of the plat for recording. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 9. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. 10. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 11. The existing culvert under Eagan Woods Drive, draining the low area in the southern portion of the site, shall be abandoned with the development in a means acceptable to the City Engineer. 12. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 13. The applicant shall provide adequately sized pre-treatment (e.g. 4' sumps with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facility inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 14. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of four soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 15. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of proposed sub -surface infiltration system for City review/acceptance by City Council Meeting Minutes December 15, 2015 6 page the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), appropriate base construction specifications for infiltration, construction sequencing/protection/restoration notes, sizing/volume tables, details for inlets/outlets, unobstructed inspection/maintenance access to inlets/outlets/header row/pipe gallery, etc., to ensure sub -surface infiltration system is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly accessed, inspected and maintained to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). 16. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). Documentation (e.g. representative on-site soil samples) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 17. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 18. During sub -surface infiltration system area over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of structural/compacted base within each subsurface infiltration system, the applicant shall ensure that a soil scientist will be present to verify and document that the subsurface infiltration system's structural/compacted base is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any sub -surface chamber placement or backfilling within any of the infiltration practices. 19. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for all infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. City Council Meeting Minutes December 15, 2015 7 page 21. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 22. The applicant shall obtain all necessary Mn/DOT and Dakota County permits for any trail connections in their right-of-way. 23. The applicant shall obtain a private drainage easement or agreement for any storm water being directed onto neighboring properties, in a form acceptable to the City Attorney, prior to the release of the plat for recording. 24. This development shall satisfy park and trail dedication requirements through cash contribution, payable at the time of Building Permit at the rates then in effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Osberg introduced the item noting the Council reviewed the draft legislative positions at the December 8t" Special City Council meeting. The Council is being asked to approve the City of Eagan's 2016 Legislative Positions. Once approved, the priorities will be sent to Eagan's legislative delegation so they have them in advance of the joint meeting with the City Council on January 12, 2016. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the City of Eagan's 2016 Legislative Positions. Aye: 4 Nay: 0 ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:10 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action to be Considered: Approve the hiring of Police Officer Vesel. Facts: The City Council approved the filling of a vacancy in September 2015 with the resignation/retirement of Detective Bork. ITEM 2. Action to be Considered: Recognize the resignation of Officer Robbe Waller and authorize the replacement of the vacancy created. Facts: Officer Waller served the Eagan Police Department for over 10 years. He is relocating. ITEM 3. Action to be Considered: Recognize the resignation of Brian Tonnancour, Property Maintenance Specialist and authorize the replacement of a Property Maintenance Specialist. ITEM 4. Authorize the reclassification of Melissa G. Timm, Part Time regular Clerical (Union) Technician 3, to Full Time Regular, Non Union Confidential Human Resources Assistant-Office Support Specialist. Facts: The position of Part Time Clerical Technician 3, previously held by Ms. Timm shall be eliminated effective Dec 31, 2015. The position of Full Time Human Resources Assistant-Office Support Specialist shall become effective January 1, 2016. This non-union position of Human Resources Assistant-Office Support Specialist shall be classified as Level 5 under the City of Eagan Non – Union Compensation Plan and meets all the requirements of a “Confidential Employee” under the Minnesota Public Employment Labor Relations Act (PELRA). Background: The Human Resources Department is in need of additional confidential staff who shall be responsible and required to access and use labor relations information. The position description meets this test. Per PELRA, “a…confidential employee” includes an employee who “is required to access and use” labor relations information. Public employees defined as “confidential” are excluded from state bargaining units, and for other public employers cannot be included in bargaining units with most other public employees.” ITEM 5. Action to be Considered: Authorize the hiring of the following seasonal employees: DEITERMANN, ALEXANDRA M BUILDING ATTENDANT GOLDEN, KALYNNA E BUILDING ATTENDANT PARISEAU, DILLON J BUILDING ATTENDANT RUSSELL, CHRISTOPHER J ENGINEERING INTERN CALHOUN, SHELBY L FITNESS INSTRUCTOR LOVATO, ALICIA M FITNESS INSTRUCTOR PETERSON, HUGH N PARK MAINTENANCE SPEIKERS, LYNDA J PRESCHOOL ASST ANDRUSKO, AIDEN W RINK ATTENDANT COYNE, SEAN P RINK ATTENDANT DAHLEN, JOSEPH S RINK ATTENDANT IMMEN, WILLIAM P RINK ATTENDANT SORENSEN, ZACHARY K RINK ATTENDANT EKBLAD, MIKAELA J WINTER REC LEADER GALATOWITSCH, NIKKI R WINTER REC LEADER GALATOWITSCH, PETER J WINTER REC LEADER KUNIK, KEVIN M WINTER REC LEADER KUNIK, NEAL R WINTER REC LEADER RICHARD, CLARA M WINTER REC LEADER RICHARD, EMMA E WINTER REC LEADER RICHARD, WALT T WINTER REC LEADER SCHOENECKER, JUSTIN T WINTER REC LEADER SELVESTRA, BLAKE H WINTER REC LEADER SIMPSON, NOAH T WINTER REC LEADER STMARTIN, BENJAMIN A WINTER REC LEADER WARKEL, MICHAEL J WINTER REC LEADER WOLLIN, JORDAN T WINTER REC LEADER Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated December 11, and 18, 2015 as presented. Attachments: (2) CC -1 Check register dated December 11, 2015 CC -2 Check register dated December 18, 2015 Agenda Information Memo January 5, 2016, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Contract with Lifeworks Services, Inc. for custodial services at City of Eagan park facilities. ➢ Certification of Termination of Covenants for property owned by ML CASA III, LP: o Lots 1 and 2, Block 1; Lots 1, 2 and 3, Block 2; Outlot B, all in Royal Oak Circle First Addition, according to the recorded plat thereof, Dakota County, Minnesota; o Lots 1, 2 and 3, Block 2; Lots 1, 2 and 3, Block 3, all in Royal Oak Circle 2nd Addition; according to the recorded plat thereof, Dakota County, Minnesota; and o Lot 1, Block 1, Royal Oak Circle Third Addition Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo January 5, 2016, Eagan City Council Meeting CONSENT AGENDA E. Accept A Grant Amendment From The State Of Minnesota On Behalf Of The Dakota County Drug Task Force And Approve A Resolution Authorizing Execution Of The Agreement. Action To Be Considered: To approve a resolution and accept the amendment to the 2015 grant on behalf of the Dakota County Drug Task Force. Facts: ➢ The Drug Task Force has received state and federal grant funds since its inception in 1988. ➢ One municipality has always acted as its fiscal agency. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for bookkeeping, budgeting and grant administration. ➢ The State of Minnesota Office of Justice Programs has awarded the Drug Task Force $295,546 for 2016. The Dakota County Drug Task Force uses this funding to supplement the administration of the unit. ➢ A copy of the grant amendment is attached for the Mayor and City Clerk to endorse. ➢ Along with the grant contract for signature is the resolution authorizing execution of the agreement. Attachments: (2) CE -1 Grant amendment CE -2 Resolution s� Grant Agreement Amendment Pagel of 2 Minnesota Department of Public Safety ("Mate") Grant Program: Commissioner of Public Safety Violent Crime Enforcement Teams 2015 Office of Justice Programs Grant Agreement No.: A-VCET-2015-EAGAN- 445 Minnesota Street , Suite 2300 00045 St. Paul, MN 55101-2139 Grant Amendment No.: 1 Grantee: Grant Agreement Term: City of Eagan Effective Date: 1/1/2015 3830 Pilot Knob Road Expiration Date: 12,131/2015 12/31/2016 Eagan, Minnesota 55122 Grant Matching Requirement: Grantee Agreement Amount: Original Agreement Amount $0.00 Original Agreement Amount $295,546.00 Previous Amendment(s) Total $0.00 Previous Amendment(s) Total $0.00 Current Amendment Amount $0.00 Current Amendment Amount $295,546.00 Total Agreement Amount $0.00 Total Agreement Amount $591,092.00 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. .Revision 1. Special Conditions: Nene 1.Time limitations on funding use: $7,760.43 is available from January 1, 2015 through September 30, 2015. $324,896.30 is available from January 1, 2015 through September 30, 2016. $258,435.27 from January 1, 2015 through December 31, 2016. Revision 2. Exhibit A of the Original Grant is replaced by Revised Exhibit A which is attached and incorporated into this Grant Agreement. Any references to Exhibit A now refer to Revised Exhibit A. The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DPS Grant Agreement Amendment (04/14) s i Grant Agreement Amendment Page 2 of 2 1. ENCUMBRANCE VERIFICATION Individual certifies thatfinds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: Date: Grant Agreement No. A-VCET-2015-EAGANCI-00045/3-30658 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on bchalfof'the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Mayr Date: By: Title: City Clerk Date: DPS Grant Agreement Amendment (04/14) 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative 91 0 0 0 N ro O o 00 CDO 00 00 O o O O O O O O O O O O O O q O 0 0 O O © O O O O O N CV N 00 O O 00 00 O O O CA O 'g O O d' ll;' C O N N V VL O O O OD co N N Cl) M 0) 0) co 00 O O r v�t It m m r r rn NEf3 dl CAU) d} U-) Z'iNEF3 ta d 0 LL N O C 5 O U ro is ro ti c 0 E ro 0 a) a to o v a� � r v v E c 0- Q 'Z U ro X w ro Q o U)� w aXi EE 'u5 ) m ami e ro ro ro ro a s �. !O`q w U U w L C C 4 C 4 C a s o o tee a s o .0 o °� r t� .mow i° r° i-° r° Q (0) 0 0 N ro CITY OF EAGAN RESOLUTION ACCEPTING DONATION/GRANT TO THE CITY OF EAGAN ON BEHALF OF THE DAKOTA COUNTY DRUG TASK FORCE State of Minnesota WHEREAS, the City Council of the City of Eagan encourages public donations/grants to help defray the costs; and WHEREAS, the State of Minnesota has presented the City of Eagan on behalf of the Dakota County Drug Task Force with a donation/grant in the amount of $295,546.00 to support drug task force operations; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation/grant is hereby accepted for use by the Dakota County Drug Task Force. ADOPTED this 5th day of January, 2016. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Cleric Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA F. Approve a Resolution to Accept a Donation from a citizen in the amount of $100 for the Fire Department and authorize the necessary Budget Adjustments Action To Be Considered: To approve a resolution to accept a donation from a citizen in the amount of $100 for the Fire Department and authorize the necessary budget adjustment. Facts: ➢ The Eagan Fire Department recently received a donation from an Eagan citizen in the amount of $100. ➢ The citizen is the widow of a Retired Eagan Firefighter, Clarence Hanson. The attached resolution authorizes the Fire Department to accept the donation and adjust their 2016 operating budgets to use the donations within our operating budgets. Attachments: (1) CF -1 Resolution EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on January 5th, 2016, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Florence Hanson has offered to donate $100 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Mrs. Hanson for the gracious and generous donation. ADOPTED this 5th day of January, 2016 Mike Maguire, Mayor UVE-MI l Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Information Memo January 5, 2016, Eagan City Council Meeting CONSENT AGENDA G. Adopt Resolution Modifying the 2016 Fee Schedule Action To Be Considered: Adopt a resolution modifying the Antennae lease/rent rates to the following: 1-9 antenna panels 36,032.00 32,1a 0 per site per year Each additional antenna panel 4,013.00 38:-00 per site per year 1-3 microwave/satellite dishes or whip antennae 36,082.00327424)-.W per site per year (includes up to 3 antenna panels at no extra cost) Maximum dish size - 24" diameter Ground space only lease (16 sq. ft. minimum charge) Exterior space 45.10 42-.50 per square foot per year Interior space 90.10 95.00 per square foot per year Facts: ➢ The City Council approved the 2016 Fee Schedule at the November 30, 2015 City Council Meeting. ➢ Subsequent to the approval, a discrepancy was noted with the miscellaneous fees/charges for Antennae (radio, satellite, Microwave and PCS) lease/rent rates. Attachments: (1) CG -1 Resolution adopting the modification to the 2016 Fee Schedule RESOLUTION CITY OF EAGAN APPROVING THE MODIFICATION TO THE 2016 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the Antenna lease/rent rates be modified in the 2016 City Fee Schedule to the following rates: 1-9 antenna panels Each additional antenna panel 1-3 microwave/satellite dishes or whip antennae (includes up to 3 antenna panels at no extra cost) Maximum dish size —24" diameter Ground space only lease (16 sq. ft. minimum charge) Exterior space Interior space Motion by: Seconded by: Those in Favor: Those Against: Date: January 5, 2016 $ 36,082.00 per site per year 4,013.00 per site per year 36,082.00 per site per year In Attest: CERTIFICATION 45.10 per square foot per year 90.10 per square foot per year CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerk I, Christina Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of January, 2016. Christina Scipioni, City Cleric Agenda Information Memo January 5, 2016, Eagan City Council Meeting CONSENT AGENDA H. Approve Premise Permit for the Miesville Lions to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road, Suite 108 Action To Be Considered: To adopt a resolution approving a Premise Permit for the Miesville Lions to conduct lawful gambling at Wyatt's Twisted Americana, 1965 Cliff Lake Road, Suite 108 Facts: ➢ Paul Leifeld, Gambling Manager of the Miesville Lions, has applied for a premise permit to conduct a lawful gambling operation at Wyatt's Twisted Americana, 1965 Cliff Lake Road, Suite 108. ➢ The Police Department has conducted a background investigation and found no reason to deny the application. Attachments: (1) CH -1 Resolution RESOLUTION NO. _ CITY OF EAGAN PREMISE PERMIT FOR THE MIESVILLE LIONS TO CONDUCT LAWFUL GAMBLING AT WYATT'S TWISTED AMERICANA WHERAS, the Miesville Lions have applied for a premise permit for a lawful gambling operation Wyatt's Twisted Americana, 1965 Cliff Lake Road, Suite 108; 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 Miesville Lions application for a premise permit at Wyatt's Twisted Americana, 1965 Cliff Lake Road, Suite 108. Motion by: Seconded by: Those in favor: Those against: Date: January 5, 2016 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its 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 5th day of January, 2016. City Clerk Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA Approve Extension of Conditional Use Permit and Variance Approvals (Spectrum Business Park) — Spectrum Business Group, LLC Action To Be Considered: To approve a one-year extension of the Conditional Use Permit and Variance approvals for property legally described as Lot 1, Block 1, Spectrum Business Park. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The City Council approved the Conditional Use Permit and Variances on February 4, 2008 to accommodate a 21,000 SF office building with shared parking and reduced parking stalls. Extensions have been requested each year with the current extension expiring on February 4, 2016. ➢ The applicant, Spectrum Development Group, LLC is requesting an extension due to the current real estate market. ➢ This request would extend the approvals until February 4, 2017, allowing additional time for the applicant to develop the property. Attachments: (2) CI -1 Location Map CI -2 Letter of request for extension 9 9 w 0 Cf Y L a w C .= E N L M m a. d h E N m = O L N r Q. O r N e oU MUo Zoo v N Z N p c W L N M n. W U x e ' BX O °i NCL O op CV c O U � R a 7-3 �z O LL O O CV c O U � R a N m ur m U c o '6 Y m O U O 0 -a a a m' a 0 D 00 J 6 O LO 7-3 i ,6EVE%0P fX CROUP, L.L.C. December 09, 2015 Mayor Mike McGuire Paul Bakken, Councilmember Gary Hansen, Councilmember Cyndee Fields, Councilmember Meg Tilley, Councilmember 3830 Pilot Knob Road Eagan, Minnesota 55122 RECEIVED DEC L4 2015 RE: Extension of Conditional Use Permit, Variance to Allow 9 x 19 ft parking spaces and the Variance from the required 20 ft setback from Blue Gentian Road and TH 55. Lot 1, Block 1 Spectrum Business Park Class A Office Building Dear Mayor and Councilmembers: Spectrum Development Group, LLC respectfully requests a one year extension to its Conditional Use Permit and the above referenced variances on Lot 1, Block 1 Spectrum Business Park. Spectrum is currently negotiating with a serious client which we believe will be a welcome addition to the City of Eagan and to the Spectrum Business Park. The one year extension will allow us to continue our negotiations and allow us time to potentially start development in the Spring of 2016. If you have any questions, please feel free to contact me. Thank you for your consideration. Sincerely,-� "- Rchard V. Morphew President Cc: Planning Department 1000 Blue Gentian Road 0 Suite 135 CID Eagan, MN 55121 651.675.0500 0 Fax 651.675.2290 Agenda Information Memo January 5, 2016, Eagan City Council Meeting CONSENT AGENDA J. Approve Final Planned Development for Lot 2, Block 2, Boulder Lakes — Interstate Partners Actions To Be Considered: To approve a Final Planned Development upon approximately 4.6 acres located north of Lone Oak Road and west of Ames Crossing Road. Facts: ➢ The Boulder Lakes Preliminary PD (then called Lone Oak Business Campus) was approved in 2006. ➢ The Preliminary PD encompassed approximately 85 acres and consisted of six lots. To date, two buildings within this Planned Development have been built. ➢ The City Council approved a PDA on September 1, 2015 to allow two single -story office/warehouse buildings upon Outlot B elsewhere in the Boulder Lakes development. ➢ The final development plans for Lot 2, Block 2, have been reviewed by staff and are consistent with the preliminary approvals. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on January 5, 2016. Issues: None Attachments: (1) CJ -1 Location Map ;d. 0 SIHOIR o� N m Z vy U � J Cc N 0 m 9 O N w O ■� m w `V J0 ..0 m U- T U- CD O M J Z4 -;o u(Z o` t7 U) C N N 9m aWU 0 SIHOIR o� C: o Z vy U � � a Cc N s C O a Y m � ' 7 m u U OX o� o` 9m o e 00 �oo 0 o©o 00 000 z a> a) c:) L- o r� N O O LO 0 C: o Z U � � a N N N N U U C O a Y m � (0 m 7 m u U o� O O LO 0 Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA K. Authorize submittal of FY 2016 Community Development Block Grant (CDBG) Application Action To Be Considered: To authorize submittal of the City's FY 2016 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding application request. Facts: ➢ The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet Community Development Block Grant (CDBG) Program regulations. ➢ The City of Eagan's CDBG allocation is administered through a subrecipient agreement with the Dakota County CDA. The coordination of the program by the CDA permits various cities within the County to focus on a range of specific eligible activities unique to their situations and the CDA is able to balance the activities countywide to ensure that the overall County allocation meets all HUD eligibility requirements. ➢ The CDBG fiscal year begins July 1. The application deadline for local governments has been set January 29, 2015. ➢ HUD has not provided FY16 appropriations at this time so the CDA is requesting cities anticipate no change in funding from FY15. Eagan's total allocation estimate is $193,033. Proposed Program Funding: Housing Rehabilitation: ➢ The CDA administers a County -wide housing rehabilitation program to assist income qualified households in making eligible housing upgrades. Funding for this program comes from two sources — a base amount allocated by the CDA and additional funds designated from CDBG allocations of the individual cities. ➢ The CDA continues to see interest in Eagan rehab loans. A large portion of FY15 funds normally allocated to this activity was diverted to the Old Town Hall Restoration Project. As a result, City funds are currently meeting spend down requirements. ➢ City Staff suggests continuing to fund this program for FY 2016 with the balance of its funding allotment. However, any reductions as a result of final appropriations are anticipated to come from this activity. Agenda Information Memo January 5, 2015 Eagan City Council Meeting Public Service Programs: ➢ The Eagan Parks Department is proposing a similar budget of $35,000 to fund successful Public Service programs which were funded with CDBG dollars since 2009. These programs include: an after school and summer program for 6-8 graders, a recreational program for homeless youth at Dakota Woodlands homeless shelter, and a senior outreach health and wellness program. ➢ New to the FY 2016 application is a pilot preschool program being proposed on a limited basis as part of the Public Service Programming budget. The program will be designed to defray costs to approximately 5-10 underserved families with 2-5 year olds. Eligibility requirements for this program are currently being determined through the HUD office. A portion of the senior programming will help fund this activity. Weatherization Plus Program: ➢ The Weatherization Plus loan program available to households in Eagan and Rosemount with an annual income of 50% - 80% AMI to provide assistance with home energy and weatherization projects such as diagnostics, insulation, air sealing, furnace replacement and exhaust venting. Atypical loan for this program is $7,500. ➢ Funding for this program in Eagan was established with CDBG funds from FY12 and FY13, and while several loans have been completed or in process, the CDA has indicated enough funding is currently in place to meet the demand through FY15. However, the CDA did suggest keeping a nominal amount as a placeholder for next year to allow flexibility in programming funds if needed. ➢ The CDA will continue to administer and promote this program on the city's behalf. ➢ A proposed budget for all requested programs is attached along with previous years funding allocations. Attachments: (2) CK -1 Proposed FY 2016 CDBG application budget CK -2 Resolution approving FY 2016 application City of Eagan 2016 Proposed Community Development Block Grant Fund Budget Proposed Activity Budget'13 Budget'14 Budget'15 Budget'16 Historic Rehab -Old Town Hall $100,000 Housing Rehabilitation $51,381 $153,927 $53,033 $153,033 Weatherization Plus* $100,607 $5,000 $5,000 $5,000 Youth and Family Development Services After school programs $12,000 $18,000 $18,000 $18,000 Homeless youth programming $4,000 $4,000 Senior services* $23,000 $17,000 $13,000 $10,500 Preschool programming $2,500 Total $186,988 $193,927 $193,033 $193,033 *represents original budget. 2015 amendment moved partial 2013 funds into Old Town Hall Restoration RESOLUTION NO. CITY OF EAGAN A RESOLUTION APPROVING THE APPLICATION FOR FISCAL YEAR 2016 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, the City of Eagan is a participating jurisdiction with the Dakota County Community Development Block Grant (CDBG) Entitlement Program for Fiscal Year 2016 (ending June 30, 2017); and WHEREAS, the Dakota County Community Development Agency (CDA) is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested Fiscal Year 2016 CDBG applications be submitted by January 29, 2016, based on an allocation of funds approved in the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby approves the following: 1. The Fiscal Year 2016 CDBG application is approved for submission to the Dakota County CDA. 2. The City Administrator for the City is authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds. 3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf o the City/Township, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Christina M. Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 5th day of January, 2016. Mike Maguire, Mayor Christina M. Scipioni, City Clerk Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA L. Contract 15-16, Parkcliff Water Main Improvements Action To Be Considered: Approve the final payment for Contract 15-16 (Parkcliff Water Main Improvements) in the amount of $157,699.30 to Kusske Construction Co. and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 15-16 provided for the extension of water main from the Dakota Path development to existing water main on Parkridge Drive. This connection improved water pressure within the Parkcliff neighborhood, eliminating the need for the individual booster pumps, and adds redundancy to the system in case of a water main outage in either neighborhood. The improvements also included the installation of two pressure equalization valves to ensure appropriate water pressure is maintained to twenty homes within the neighborhood. ➢ The project was programmed for 2015 in the City's 5 -Year Capital Improvement Program (2015-2019). ➢ The final contract costs were nearly 7% over the original bid due to increased quantities of steel casing installed and associated turf restoration. All contract costs are the responsibility of the City's Utility Trunk Fund. ➢ 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. Attachments (0) Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA M. Contract 16-06, Pond EP -2.01 Improvements Action To Be Considered: Approve the plans and specifications for Contract 16-06 (Pond EP -2.01 Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, February 11, 2016. Facts: ➢ On June 2, 2015, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2016-2020) and authorized the initiation of the public improvement process for the 2016 programmed improvements. ➢ Contract 16-06 would provide for construction of an iron -enhanced sand filtration system adjacent to Pond EP -2.01 at 935 Aldrin Drive in northeast Eagan. Such a system—recently developed at the University of Minnesota's St. Anthony Falls Laboratory and referred as "The Minnesota Filter"—would remove dissolved phosphorus from stormwater as the pond drains during high water conditions. This is a Lake Protection project meant to benefit nearby North Lake at Thresher Fields Park. ➢ The Engineer's estimate for the proposed project is $145,200.00 and would be funded by the Stormwater Utility through the Water Quality Dedication Fund (#1127). ➢ All of the construction activity for the improvements would occur within existing public right-of-way or easements. ➢ Project plans and specifications have been completed and are being presented to the City Council for its approval and authorization for the advertisement of bids. Upon approval, an advertisement would be published in the legal newspaper informing contractors of the bid. Attachments (0) Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA N. Contract 16-07, South Water Treatment Plant Generator Controls Action To Be Considered: Receive the bids for Contract 16-07 (South Water Treatment Plant, Generator Controls — Water System Improvement) and award the contract to PowerSecure in the amount of $78,756.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The South Water Treatment Plant has a backup power generator that is critical to ensuring the continued distribution of potable water from the treatment plant at all times and under any circumstances. ➢ The backup power generator switchgear controls have exceeded their lifecycle, some control parts are inoperable, and other control parts are requiring recurring repairs. On June 2, 2015, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2016-2020) and authorized the initiation of the public improvement process for the 2016 programmed improvements. The South Water Treatment Plant generator controls (switchgear update) is scheduled for 2016 as part of this CIP. ➢ The new controls will be similar to existing controls to assure both power generation systems operate identically (less operational training) and have compatible components (cost savings for future repairs). ➢ All quotes have been reviewed for compliance with the quote specifications and accuracy on unit price extensions and summations. The quote of $78,756.00 from PowerSecure Company has been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments (1) CN -1 Bid Summary BID SUMMARY 2016 SOUTH TREATMENT PLANT GENERATOR CONTROLS UPDATE ,91hyd?:Z93)*i1Eel CITY CONTRACT NO. 16-07 Quote Date/ Time: 11:00 a.m., Thursday December 16, 2015 Estimate: $90,000 Contractors PowerSecure Total Over/Under Base Bid Estimate $78,756 -12% Ziegler/CAT Power Systems $118,295 31% 12/23/2015 Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA O. Project 1197, Cedar Grove 4th Addition Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1197 (Cedar Grove 4th Addition - Street Improvements) and schedule a public hearing to be held on February 2, 2016. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets in the Cedar Grove 4th Addition, a residential neighborhood in southwest Eagan located south of Diffley Road and east of Nicols Road. ➢ A structural mill and overlay of the streets within this neighborhood is programmed for 2016 in the City of Eagan's 5 -Year CIP (2016-2020). ➢ A draft feasibility report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 2, 2016. ➢ An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CO -1 Location Map Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA P. Project 1198, Blackhawk Forest/Centex Vermilion Additions Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1198 (Blackhawk Forest/Centex Vermilion Additions - Street Improvements) and schedule a public hearing to be held on February 2, 2016. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of residential streets in the Blackhawk Forest/Centex Vermilion Additions, a neighborhood in northwest Eagan located southeast of TH 13 and north of Silver Bell Road. ➢ A structural mill and overlay of the streets within this neighborhood is programmed for 2016 in the City of Eagan's 5 -Year CIP (2016-2020). ➢ A draft feasibility report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 2, 2016. ➢ An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CP -1 Location Map Blackhawk Forest Centex Vermilion Project 1198 CLIFF ROAD City otEapu f/ YANKEE I DOODLE, RD. DIFFLEY RD. CLIFF " ROAD Blackhawk Forest, Centex Vermilion Street Revitalization - Project 1198 thl) \ VSs LONE OAK RD. w _Q Z O -z �X w _J Fig. 1 11/15/2015 Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA Q. Project 1199, Red Oaks Woodlands 4th Verdant Acres Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1199 (Red Oaks Woodlands 4th Verdant Acres Additions - Street Improvements) and schedule a public hearing to be held on February 2, 2016. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of residential streets in the Red Oaks Woodlands 4th Verdant Acres Additions, a neighborhood in east -central Eagan located north of Wescott Road and west of Elrene Road. ➢ A structural mill and overlay of the streets within this neighborhood is programmed for 2016 in the City of Eagan's 5 -Year CIP (2016-2020). ➢ A draft feasibility report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 2, 2016. ➢ An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CQ -1 Location Map k�P 411 City of 8ap 1-494 YANKEE, DOODLE RD. DIFFLEY RD. MENDOTA HEIGHTS h'Gyj,\ �ss LONE OAK RD. Red Oaks Woodlands 4th Add. Verdant Acres Project 1199 CLIFF' ROAD ui a Z O c� Z X w J WESCOTT) I ROAD CLIFF ROAD Red Oaks, Woodlands 4th Add., Verdant Acres Street Revitalization - Project 1199 Fig. 1 11/15/2015 Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA R. Project 1200, Diffley Commons Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1200 (Diffley Commons - Street Improvements) and schedule a public hearing to be held on February 2, 2016. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of residential streets in Diffley Commons, a residential neighborhood in southwest Eagan located west of Blackhawk Road and north of Diffley Road. ➢ A structural mill and overlay of the streets within this neighborhood is programmed for 2016 in the City of Eagan's 5 -Year CIP (2016-2020). A draft Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 2, 2016. ➢ An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CR -1 Location Map 1-494 ga Z� YANKEE l DOODLE RD. CLIFF' ROAD Diffley Commons Street Revitalization - Project 1200 LONE OAK RD. Fig. 1 11/15/2015 Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA S. Project 1201, Kingswood Ponds Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1201 (Kingswood Ponds - Street Improvements) and schedule a public hearing to be held on February 2, 2016. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of residential streets in Kingswood Ponds, a residential neighborhood in central Eagan located west of Pilot Knob Road and southeast of 1-35E. ➢ A structural mill and overlay of the streets within this neighborhood is programmed for 2016 in the City of Eagan's 5 -Year CIP (2016-2020). ➢ A draft Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, February 2, 2016. ➢ An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CS -1 Location Map Fig. 1 qb� Kingswood Ponds City of Eap Street Revitalization - Project 1201 11/15/2015 Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA T. Authorize the Review of Right -of -Way Management Options Action To Be Considered: Authorize the review of Right -of -Way management options for future consideration of potential Ordinance Amendments to City Code. Facts: ➢ Section 7.06 of the City Code provides regulations for the City's management of the public right-of-way (ROW) in compliance with the Minnesota Public Utilities Commission rules. ROW users within Eagan typically include: City water, sanitary sewer, storm sewer, AccessEagan, all public utilities as defined in Minnesota Statutes; electricity, natural gas and telephone/telecommunications; or cable communication systems. ➢ City management of the public ROW includes the registration of ROW users, the issuance of excavation or obstruction permits, the inspection of project work and restoration and enforcement and correction of non -complying project work, mapping of public ROW users and maintenance and regulation of public ROW occupied by users. ➢ Advances in the telecommunications industry have greatly enhanced the opportunities and demand for its use. With these advances and increased use have come greater interest in providing such services and modifications in the distribution of said services. The public ROW, as a conduit of said services, is being impacted accordingly. ➢ Eagan examples of impacts to the public ROW, both existing and potential, include CenturyLink's current Apical project, an application for cellular telephone antennas within the public ROW and overcrowding of physical ROW space. ➢ Existing City Code addressing ROW management already needs to be revised to address potential future "apical projects" by others, does not adequately address antennas within the public ROW and has the means, per state statute, in which to address the overcrowding of the ROW. The City Code has not been updated regarding Right -of -Way management since September 14, 2000 (Ord. No. 299). ➢ Opportunities exist through an agreement with CenturyLink, a currently scheduled annual ROW meeting and increased interest from private utility providers for staff to work with a variety of ROW users to ensure that the City's ROW management is best addressing the current and future needs of the public. ➢ It would be appropriate for the City Council to direct staff, including the City Attorney's office, to review Right -of -Way management options for the purpose of potential draft ordinances for future consideration of amending the current City Code. Attachments (0) Agenda Information Memo January 5, 2016 Eagan City Council Meeting CONSENT AGENDA U. ApproveA Resolution To Accept A Donation From The J. A. Wedum Foundation In The Amount Of $5,000 For The 1914 Town Hall Project Action To Be Considered: To approve a resolution to accept a $5,000 donation from The J.A. Wedum Foundation to be used toward the 1914 Town Hall Project. Facts: ➢ On the Recommendation of J.A. Wedum Board Trustee, Joseph Rusche, an Eagan Resident, the J.A. Wedum Foundation has presented a donation of $5,000 to the 1914 Town Hall Project. ➢ A letter from the J.A. Wedum Foundation presenting the $5,000 grant donation is included as an attachment Attachments: (2) CU -1 Resolution CU -2 Grant Letter CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO ACCEPT A DONATION FROM THE J.A. WEDUM FOUNDATION $5,000 TOWARD THE HISTORIC 1914 TOWN HALL PROJECT WHEREAS, The Joseph Rusche, an Eagan Resident and a Board Trustee of the J.A. Wedum Foundation made recommendation of a donation to the 1914 Town Hall Project to the Board he serves Upon; and WHEREAS, the J.A. Wedum Foundation chose the City of Eagan, 1914 Town Hall as one of its recipients this year; and WHEREAS, the J.A. Wedum Foundation presented a donation in the amount of $5,000 to this project; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the J.A. Wedum Foundation Grant of $5000. 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 5t" day of January, 2016. City Clerk I.A. WIFIDUIM (FOUNDATION December 2, 2015 Ms. Joanna Foote City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Ms. Foote: On recommendation of our Board Trustee, Joseph Rusche, we are pleased to inform you that the J.A. Wedum Foundation Board of Trustees has chosen the City of Eagan as one of the recipients to receive a grant this year. The J.A. Wedum Foundation is honored to grant $5,000 to your organization to be used for the 1914 Town Hall reconstruction. The J.A. Wedum Foundation continues to fulfill its mission and vision by supporting programs such as yours, We applaud your hard work and dedication and we are honored to help you make a difference. Sincerely, Jay Portz President Enclosure Cc: Joseph Rusche 2615 University Avenue S.E, • Minneapolis, MN 55414-3207 • www.wedumfoundation.org Phone: (612) 789-3363 • Fax: (612) 789-4044 Agenda Information Memo January 5, 2016 Eagan City Council Meeting PUBLIC HEARINGS A. Project 1191— Eagandale Corporate Center Street Improvements Action To Be Considered: Close the public hearing and approve Project 1191 (Eagandale Corporate Center - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Neil Armstrong Boulevard and Aldrin Drive, commercial/industrial streets located south of Lone Oak Road and east of Lexington Avenue in north -central Eagan. ➢ A structural mill and overlay of these streets is programmed for 2016 in the City of Eagan's 5 -Year Capital Improvement Plan (2016-2020). ➢ On November 30, 2015, the draft Feasibility Report was presented to the City Council and a Public Hearing was scheduled for Tuesday, January 5, 2016. ➢ An informal neighborhood meeting was held on December 29 for the adjacent property owners to discuss the proposed improvements. Of the 12 properties to be assessed under this improvement, no one attended the meeting. Attachments (1) PHA -1 Feasibility Report 0��/ /4\ d y a d is l\ Corporate Ce/\e\ Neighborhood StreetRevitalization » f T$ _ \ `f « City of Eap mu To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 5, 2016 Re: Eagandale Corporate Center Street Revitalization City Project No. 1191 Attached is the feasibility report for the Eagandale Corporate Center Street Revitalization, City Project No. 1191. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Reviewed By: D 0artment of Public Works Reviewed By: Financ partment I hereby certify that this report was prepared by me or under my direct supervision and that 1 am a duly Licensed Professional Engineer under the laws of the State of Minnesota. `°IAaron Nelson Date: Z -ti 115 Reg. No. 45795 Date:g Date: ? ExecutiveSummary..................................................................................................... 1 Introduction/History.....................................................................................................2 Scope...........................................................................................................................3 AreaTo 8e Included.....................................................................................................3 StreetPavement Evaluation.........................................................................................3 ProposedImprovements..............................................................................................4 Easements/Permits......................................................................................................5 Feasibility/Recommendations......................................................................................6 CostEstimate...............................................................................................................6 Assessments................................................................................................................6 Assessment Financing Options.....................................................................................7 RevenueSource...........................................................................................................8 Project Schedule..........................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures Z Location Map 2 Street Improvement/Assessment Area Map - 3 Typical Section — Mill & Overlay Executive Summary Background Project: Name Eagandale Corporate Project # 1191 Overlay Center o Replacement of damaged curb & Improvement Street Area 19,345 Sq. Yds. Street Length 4,950 Feet Scope a Adjustment/Replacement of: $ 35,900 Constructed 1996 Utility Repairs Nell Armstrong Blvd t Reconstructed $14,700 Crack Sealed • Water gate valves Streets Included Aldrin Drive Seal Coated 2004 South 1/2 of Section 11 North of Yankee Doodle Road 1 Absolute Location I --- Townshi I p 27, Range 23 Relative Location — East of Lexington Avenue— Project Details * Roadway resurfacing (full width PCI Rating 50/100 Recommended Overlay mill & 2" overlay) o Replacement of damaged curb & Improvement Repair Existing Concrete Curb & Gutter Curb Removal 9% gutter Scope a Adjustment/Replacement of: $ 35,900 $ 36,900 • Sanitary/Storm sewer Utility Repairs $ 14,700 • Utility castings $14,700 Total • Water gate valves j Comm./Ind. Parcels 12 • Street signage Cost Estimate/ Revenue Eagandale Corporate Center 1 Property City Mill & Overlay w/ Signage $296,400 $296,400 - Repair Existing Concrete Curb & Gutter $ 76,700 - $76,700 Concrete Entrance Repairs $ 35,900 $ 36,900 - Utility Repairs $ 14,700 - $14,700 Total $423,700 $ 332,300 (78%) $ 91,400 (2296) Eagandale Corporate Center 1 January 5, 2016 Neighborhood Eagandale Corporate Center Eagan, Minnesota n i�ISt [ntroduct!• �rY 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 4,950 feet of commercial/industrial streets in the Eagandale Corporate Center commercial area in northeast Eagan has been identified for 2016 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets were constructed in 1996. 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 (approximately 3 years after paving) and a bituminous overlay at approximately 20+ years. Overlaying the roads located within the project area, which are currently in the 20 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that the streets were seal coated in 2004. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Eagandale Corporate Center 2 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;�>Scooe This project will provide resurfacing (full -width mill and 2" overlay) for approximately 4,950 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. 1;�Area to Be Included Properties included in the project lie within the South 1/2, Section 11, lying North of Yankee Doodle Road, East of Lexington Avenue, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. treet 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: Recommended , #f `s s. Patch/Repair and/or Overlay Reconstruct/ Reclaim -•a Eagandale Corporate Center 3 The 2015 PCI rankings for the street segments have a weighted average pavement condition rating of 50, 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 2016 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. Proposed Improvements Pavement - The proposed street improvements shown in Figure 3. The existing street section for this roadway consists of 4" bituminous pavement supported by 9" gravel base. The existing bituminous surface will be milled across the entire width of the street to accommodate a 2 -inch bituminous overlay. The 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 9% 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 for seed), adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Eagandale Corporate Center 4 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. There are a number of manholes structures that require replacement due to deterioration. These manholes will be financed through the Combined Utility Fund. Driveway Replacement — Many of the adjacent properties have concrete driveway aprons that are in disrepair, and are proposed to be repaired/replaced. The entrances will be reconstructed with 7" -thick concrete aprons in accordance with Eagan Standard Detail 440. These replacements will provide commercial entrances of adequate strength and width, and will be consistent with similar projects in commercial/industrial areas within the project area and throughout the City. Signage - 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 in good condition and provide adequate coverage. the existing street lights are proposed. ��Easementlftrmlts No modifications to All work will be in the public right-of-way. No additional easements are anticipated. It is anticipated that a Dakota County right-of-way permit will be required for any work within the Lexington Ave. right-of-way. Eagandale Corporate Center 5 A' R Driveway Replacement — Many of the adjacent properties have concrete driveway aprons that are in disrepair, and are proposed to be repaired/replaced. The entrances will be reconstructed with 7" -thick concrete aprons in accordance with Eagan Standard Detail 440. These replacements will provide commercial entrances of adequate strength and width, and will be consistent with similar projects in commercial/industrial areas within the project area and throughout the City. Signage - 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 in good condition and provide adequate coverage. the existing street lights are proposed. ��Easementlftrmlts No modifications to All work will be in the public right-of-way. No additional easements are anticipated. It is anticipated that a Dakota County right-of-way permit will be required for any work within the Lexington Ave. right-of-way. Eagandale Corporate Center 5 Recommendations q>Feasibillity and e 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 (2016 — 2020) 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. q�>Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2016 construction costs and include a 5% contingency and indirect cost of 25%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Eagandale Corporate Center @ Mill & Overlay....................................................................... • Repair Existing Concrete Curb & Gutter ................................ • Concrete Driveway Entrance Repairs .................................... UtilityRepairs......................................................................... Total........................................................................... Asessrnents $ 296,400 $ 76,700 $ 35,900 14,700 $ 423,700 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. Eagandale Corporate Center 6 City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Commercial/Industrial 100% - Repair Existing Concrete Curb & Gutter 100% Concrete Driveway Entrance Repairs 100% - Utility Repairs - 100% The assessments for commercial/industrial properties were determined based on the total net acres. The total acreage of the high density and commercial/ industrial properties is 142.41 acres. The "net acres" is 108.16 acres, and was determined by subtracting the 34.25 acres of drainage and utility easements used for ponding purposes from the total acreage. Mill & Overlay o Commercial/Industrial —All commercial/industrial properties (12 total), 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 cost per net acre to be assessed, based on the City's Assessment Policy, is $2,740/Net Acre (C/1) and is calculated as follows; o 9,900' C/I Frontage / 9,900' Total Frontage =100% C/I Frontage o $296,400 (Mill & Overlay Costs) x 100% (Assessment Rate) x 100% C/I frontage = $296,400 o $296,400 / 108.16 net acres : $2,740.38/ net acre, rounded to $2,740 / net acre {C/i) Driveway Entrance Replacement — Several properties have driveway entrances with damaged concrete driveway aprons that will be replaced. Properties are proposed to be assessed for the total cost of repairs. The estimated cost of driveway repairs is approximately $35,900 or $120/ SY and is calculated as follows: Total area of concrete driveway apron repair = 300 SY * Total concrete driveway apron cost = $35,900 Total cost/SY = $119.67, rounded to $120/ 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 ten years for commercial/industrial property owners. In 2015, the interest rate was set at 4%. The 2016 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/industrial assessment for each $1,000 assessed, with an estimated 4% interest for the assessed amounts, and assumes 14 months interest for the first year: Eagandale Corporate Center 7 Principal / Year I Interest / Year Cost / Year 1'e Year $100 47 $147 10'" Year $100..... ....... $4 $04 - ... .... .....1 I Bonds may be issued to finance the improvements. Revenue Source F -MI -Mm - MrATIV411f 4� The Major Street Fund will finance the estimated street related project deficit of $76,700 (20% of total street related costs). The Combined Utility Fund will finance the estimated $14,700 (100%) of the utility improvements. Eagandale Corporate Center 8 Ou Property -Avses�rn- ent City Mill and Overlay (including. _a_ 1010 Repair Existing Curb & Gutter 11 Concrete Entrance Repairs Utility Improvements I.....v I The Major Street Fund will finance the estimated street related project deficit of $76,700 (20% of total street related costs). The Combined Utility Fund will finance the estimated $14,700 (100%) of the utility improvements. Eagandale Corporate Center 8 ralect Schedule Present Feasibility Report to City Council/ Order Public Hearing............................................................................ November 30, 2015 Informational Meeting...........................................................................December 29, 2015 Public Hearing..............................................................................................January 5, 2016 Approve Plans and Specifications............................................................ February 16, 2016 BidDate........................................................................................................ March 24, 2016 AwardContract.................................................................................................April 5, 2016 Start Construction............................................................................................. May 1, 2016 ProjectCompletion......................................................................................... August, 2016 Final Cost Report........................................................................................September, 2016 Final Assessment Hearing...................................................................................... Fall, 2016 First Payment Due with Property Tax Statement ........................................... May 15, 2017 Eagandale Corporate Center 9 Appendix A Preliminary Cost Estimate City Project 1191-Eagandale Corporate Center Item No. Item Unit 237,105.75 Unit Price Est $ Estimated Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $ 4,000.00 1 $ 4,000.00 2104.505 Remove Bituminous Pavement SY $ 10.00 20 $ 200.00 2232.501 Mill Bituminous Pavement- Full Width (1-1/4" Depth) SY $ 3.00 19345 $ 58,035.00 2357.502 Bituminous Material for Tack Coat GAL $ 3.00 1260 $ 3,780.00 2360.501 SP WEA3408 Wearing Course Mixture (Overlay) TON $ 60.00 2390 $ 143,400.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 130.00 20 $ 2,600.00 2504.602 Adjust Gate Valve Box EA $ 225.00 4 $ 900.00 2504.602 Repair Gate Valve Mid Section EA $ 400.00 2 $ 800.00 2504.602 Repair Gate Valve Top Section w/Cover EA $ 300.00 3 $ 900.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 700.00 11 $ 7,700.00 2563.601 Traffic Control LS $ 2,000.00 1 $ 2,000.00 SP -1 Signage Remove and Replace LS $ 1500 1 $ 1,500.00 Subtotal 4" Concrete Sidewalk SF $ 5.00 150 $ $ 225,815.00 5% Contingency Subtotal 25% Indirect Costs Part I - Bituminous Street Overlay $ 11,290.75 $ 237,105.75 $ 59,276.44 $ 296,362.19 Item No. Item Unit Unit Price Esl CttY I Estimated Cost I Part 11- Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter LF $ 8.50 1165 $ 9,902.50 2104.503 Remove Bituminous Trail Pavement SF $ 2.00 400 $ 800.00 2104.523 Salvage Casting EA $ 150.00 2 $ 300.00 2211.501 6" Aggregate Base, CI.5 (100% Crushed) TON $ 28.00 10 $ 280.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 130.00 40 $ 5,200.00 2504.602 Irrigation Repair EA $ 200.00 10 $ 2,000.00 2505.521 Install Casting EA $ 550.OD 2 $ 1,100.00 2506.602 Adjust Frame & Ring Casting (CB) HDPE Rings EA $ 450.00 18 $ 8,100.00 2506.602 Remove & Replace Casting (Catch Basin) EA $ 800.00 1 $ 800.00 2506.602 Remove & Replace CBMH Structure (4' Dia.) EA $ 5,200.00 2 $ 10,400.00 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 Sr $ 8.00 250 $ 2,000.00 2521.501 4" Concrete Sidewalk SF $ 5.00 150 $ 750.00 2531.501 Concrete Curb and Gutter, B618 LF $ 18.00 1165 $ 20,970.00 2531.618 Truncated Dome Detactable Warning Paver (Radius Plate) EA $ 185.00 16 $ 2,960.00 2572.503 Application of Water for Turf Establishment GAL $ 0.10 11250 $ 1,125.00 2575.551 Select Topsoil/ Grade 1 Compost Mix CY $ 60.00 21 $ 1,260.00 2575.609 Seeding (MnDOT 270 w/Type 5 Hydromulch) SY $ 5.50 250 $ 1,375.00 Subtotal 5% Contingency Subtotal 25% Indirect Costs Part 11 - Repair Existing Curb & Gutter Eagandale Corporate Center 10 $ 69,622.50 $ 3,481.13 $ 73,103.63 $ 18,275.91 $ 91,379.53 item No. f Item Unit i Unit Price Est Estimated Cost Part III - Concrete Driveway Entrance 2104.505 Remove Concrete Driveway Valley Gutter SY $ 16.00 300 $ 4,800.00 2105.501 Common Excavation CY $30.00 10 $ 300.00 2211.501 6 "Aggregate Base, CI.5 (100% Crushed) TON $28.00 15 $ 420.00 2360.501 5P WEA340D Wearing Course Mixture (Patch) TON $130.00 15 $ 11950.00 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $65.00 300 $ 19,500.00 2575.535 Water for Turf Establishment GAL $0.10 1350 $ 135,00 2575551 Select Topsoil/Compost (Grade 1) mix TON $30.00 3 $ 90.00 2575.604 Seeding (MnDOT 270 w/Type 5 Hydromulch) 5Y $5.50 30 $ 165.00 Subtotal $ 27,360.00 5% Contingency $ 1,368.00 Subtotal $ 28,728.00 25% Indirect Costs $ 7,182.00 Part III - Concrete Entrance Replacement $ 35,910.00 Part 1- Bituminous Street Overlay $ 296,382.19 Part II - Repair Existing Curb & Gutter $ 91,379.53 Part III - Concrete Driveway Entrance $ 35,910.00 Project 1191 Total Cost $ 423,671.72 Eagandale Corporate Center 11 Appendix B Preliminary Assessment Role City Project #1192 Eagandale Corporate Center Commercial/ Industrial Frontage 9900 100.09/0 Aldrin Drive Concrete 0.036 1-1 Industrial P.I.N. Gross Net Unit Total Street Entrance EntranceT 1-1 Industrial P.I.N. Gross Acreage Not Acreage Unit Assessment Total Street Assessment Concrete Entrance Area I (SY) Concrete Entrance Assessment ($120/M I Total Assessment 1010 ALDRIN DR 102251901010 10.74 1 6.3 $ 2,740 I $ 17,262 60 $ 7,200 $ 24,462 920 ALDRIN DR 102251502040 6.41 6.41 $ 2,740 $17,563 3 $ 360 $ 17,923 935 ALDRIN DR 102251701020 F3.12 10.06 $ 2,740 $ 27,564 25 :1 $ 3,000 $ 30,564 940 ALDRIN DR 102251502030 1 15,35 5.68 $ 2,740 15,605.20 67.0 I Sum 794 7'94 $ 23,545 945 ALDRW DR 102251701010 1 6.92 6.92 $ 2,740 $ 18,961 2 $1 3,360 $ 22,321 965 ALDRIN DR 102251503030 6.02 6.02 $ 2,740 $ 16,495 35 $ 4,200 $ 20,695 980 ALDRIN DR 102251901020 15.13 10.26 $ 2,740 $ 28,112 12 $ 1,440 $ 29,552 985 ALDRIN DR 102251503021 10.5 10.5 $ 2,740 $ 28,770 10 $ 1,200 $ 29,970 :=Subtotal 84.19 62.15 1 $ 170,3 28'.700 -T -I99,033 Commercial/ Industrial Frontage 9900 100.09/0 Concrete Concrete 0.036 1-1 Industrial P.I.N. Gross Net Unit Total Street Entrance EntranceT otal Acreage Nell Armstrong Boulevard Area Assessment Assessment 1-1 Industrial I P.I.N. Gross Acreage Net Acreage i Unit Assessment I Total Street Assessment Concrete Entrance Area (SY) Concrete Entrance Assessment ($12()/SY) Total Assessment 3195 NEILARMISTRONG BLVD 102251501010 5.04 1 5.04 $ 2,740 $ 13,310 31 3,720 $ 17,530 3225 NEILARMSTRONG EtLVD� 102251501020 I 5.97 5.97 2,740 $ 26,358 7 $ 840 $ 17,198 3255 NEIL ARMSTRONG BLVD 10225:150:1030 7.88 7.88 $ 2,740 $ 21,591 22 $ �,640 24,231 Subtotal I 18.89 18.89 I Sum ro S 7.200 S 98.999 Commercial/ Industrial Frontage 9900 100.09/0 Concrete Concrete 0.036 1-1 Industrial P.I.N. Gross Net Unit Total Street Entrance EntranceT otal Acreage Acreage Assessment Assessment Area Assessment Assessment (SY) i ($120/m 3355 DISCOVERY RE 102251601010 39.33 i 27,12 $ 2,740 74,309 Subtotal 39.33 27.12 $ 74,309 0 $ 74,309 TOTAL $ 296,400 300 $ 35,900 $ 332,300 Commercial/ Industrial Frontage 9900 100.09/0 Non -Assessable Frontage 0 0.036 Total Frontage 9900 100.0% Commercial/Industrial/Office Net Area 108.16 75.9% Ponding Easement Area 34.25 24.1% Total Area 142.41 100.0% Eagandale Corporate Center 12 EXIST. B618 --- CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED 4" BITUMINOUS SURFACE 9" CL. 5 AGGREGATE BASE FULL WIDTH MILL 2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY BITUMINOUS TACK COAT 4" BITUMINOUS SURFACE 9" CL. 5 AGGREGATE BASE Eagandale Corporate Center (n Street Revitalization - Project 1'19'1 Fig.3 of Engineering Department Typical Sections Agenda Information Memo January 5, 2016 Eagan City Council Meeting PUBLIC HEARINGS B. Project 1203 — Mallard Park 2nd Addition Street Improvements Action To Be Considered: Close the public hearing and approve Project 1203 (Mallard Park 2nd Addition - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Mallard Park 2nd Addition, a neighborhood located north of Cliff Road and east of Johnny Cake Ridge Road in southwest Eagan. ➢ A structural mill and overlay of these streets is programmed for 2016 in the City of Eagan's 5 -Year Capital Improvement Plan (CIP), 2016-2020. ➢ On November 30, 2015, the draft Feasibility Report was presented to the City Council and a Public Hearing was scheduled for Tuesday, January 5, 2016. ➢ An informal neighborhood meeting was held on December 29 for the adjacent property owners to discuss the proposed improvements. Of the 39 residential properties to be assessed under this improvement, no one attended the meeting. Attachments (1) PHB-1 Feasibility Report City of EMOM6 To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 5, 2016 Re: Mallard Park 2nd Addition Street Revitalization City Project No. 1203 Attached is the feasibility report for the Mallard Park 2nd Addition Street Revitalization, City Project No. 1203. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Reviewed By: jaaartment of Public Works Reviewed By: I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Aaron Nelson i Date: t `4 i Reg. No. 45795 Dater Date: 3i1 Executive Summary ..................................................................................................... T Introduction/History .....................................................................................................2 Scope...........................................................................................................................3 Area To Be Included.....................................................................................................3 Street Pavement Evaluation.........................................................................................3 ProposedImprovements..............................................................................................4 Easements/Perm its......................................................................................................6 Feasibility/Recommendations......................................................................................6 CostEstimate...............................................................................................................7 Assessments................................................................................................................7 Assessment Financing Options.....................................................................................8 RevenueSource...........................................................................................................8 ProjectSchedule..........................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location'Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Mill & Overlay Executive Summary Background Project Details a Roadway resurfacing (edge mill & .- - PCI Rating 54/100 1-1/2" overlay) Recommended Overlay a Replacement of damaged curb & Improvement gutter Curb Removal 9% Scope a Adjustment/Replacement of: o Sanitary/Storm sewer o Utility castings Residential Lots 39 o Watergate valves o Street signage Cost Estimate/ Revenue Property City Mill & Overlay w/ Signage, $76,500 $38,220 $38,280 Repair Existing Concrete Curb & Gutter $19,400 - $19,400 Total $95,900 $ 38,220 (40%) j $ 57,680 (60%) Mallard Park 2"d Addition 1 Mallard Park 2 "d Project Name Addition Project # 1203 Street Area 6,775 SY I Street Length 1,775 Feet 1980, Constructed 1988 -Mallard Dr. (Mallard i.to 125' E.) Woodgate Lane Mallard Circle Reconstructed 1 1996 Streets Included Mallard Drive Crack Sealed 1993/1999 (1'� seal) ..... ........ Seal Coated 2007/2009/2011 (2nd seal) Absolute Location . SW X of Section 28 Relative Location South of Diffley Road Township 27, Range 23 East of Johnny Cake Ridge Road Project Details a Roadway resurfacing (edge mill & .- - PCI Rating 54/100 1-1/2" overlay) Recommended Overlay a Replacement of damaged curb & Improvement gutter Curb Removal 9% Scope a Adjustment/Replacement of: o Sanitary/Storm sewer o Utility castings Residential Lots 39 o Watergate valves o Street signage Cost Estimate/ Revenue Property City Mill & Overlay w/ Signage, $76,500 $38,220 $38,280 Repair Existing Concrete Curb & Gutter $19,400 - $19,400 Total $95,900 $ 38,220 (40%) j $ 57,680 (60%) Mallard Park 2"d Addition 1 January 5, 2016 V i i ♦� f i # Eagan,. Minnesota lli--�IllntroductionLfflstory 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 1,775 feet of residential streets in the Mallard Park 2nd Addition neighborhood in southwestern Eagan has been identified for 2016 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets were originally constructed in 1980 and 1988, and were overlayed in 1996. 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 (approximately 3 years after paving) and a bituminous overlay at approximately 20+ years. Overlaying the roads located within the project area, which are currently in the 20 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that the streets were seal coated in 1993/1999 and 2007/2009/2011. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Mallard Park 2"d Addition 2 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. The fire hydrants in this area do not have "storz nozzles" and will be modified as necessary to update them to current standards. 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. This project will provide resurfacing (edge mill and overlay) for approximately 1,775 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 SW %, Section 28, lying South of Diffley Road, East of Johnny Cake Ridge Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. q-�>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: Recommended rImprovement 56-100 Routine r Y o a Patch/Repair and/or Overlay Reconstruct/ Reclaim Mallard Park 2nd Addition 3 The 2015 PCI rankings for the street segments have a weighted average pavement condition rating of 54, 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 2016 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. ';�>Proposed Improvements Pavement - The proposed street improvements shown in Figure 3. The existing street section for this roadway consists of 3" bituminous pavement supported by 7" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1% -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 9% 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 for seed), adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Mallard Park 2nd Addition 4 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. n gY 3 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. Traffic Control Modifications — A stop sign is currently installed on Mallard Circle at Mallard Drive. Mallard Circle is a cul-de-sac with six houses. The stop sign was installed to address a sight distance issue. The corner lot has a row of large shrubs along its front and side yard that restricts sight distances. City staff will work with the property owner to remove the obstruction, and then remove the stop sign as it will no longer be needed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Mallard Park 2nd addition 5 Complete Streets — "Complete Streets" is a transportation and design approach that plans, designs, operates, and maintains streets in a means to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Complete Streets allow for safe travel by those walking, bicycling, driving automobiles, riding public transportation, or delivering goods. In 2010, the State of Minnesota adopted a Complete Streets policy, which encourages, but does not require focal governments to adopt this policy. The MN Department of Transportation has published a Complete Streets Guidelines for focal Agencies Resource Guide (Feb. 2013). The streets in this neighborhood were reviewed to determine if additional Complete Streets opportunities are available and/or feasible. The streets are relatively narrow at 32 feet wide, have low traffic volumes, limited access points, and a trail is available along Johnny Cake Ridge Road (adjacent to this neighborhood) to connect pedestrians to the City and regional trail system. Pedestrian curb ramps in the project area at the intersecting sidewalks will be replaced if necessary to meet current ADA design standards. Given the existing and proposed elements available for all users, the streets in this neighborhood meet the intent of the complete streets guidelines. 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. q�>Feaslbllfty 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 (2016 — 2020) 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. Mallard Park 2"d Addition 6 1;�> Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2016 construction costs and include a 5% contingency and indirect cost of 25%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Mallard Park 2"d Addition * Mill & Overlay........................................................................ $ 76,500 ® Repair Existing Concrete Curb &Gutter ................................ $19,400 Total........................................................................... $ 95,900 Q►sSessment Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay- Low -Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb & Gutter - 100% Residential Lots —All residential lots (39 single family homes) 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 residential unit, based on the City's Assessment Policy, is $980/ lot and is calculated as follows: Mill & Overlay - Residential Properties a 3,550` Residential Frontage/ 3,550' Total Frontage= 100% o $76,500 (Mill & Overlay Costs) x 50%x 100%=$38,250 (Total R-1 Assessment) o $38,250 / 39 lots = $980.77, rounded to $980 / single-family lot Mallard Park 2nd Addition 7 ';�> Assessment Financing tlgn5 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 2015, the interest rate was set at 4%. The 2016 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 residential lot assessment of $980 with an estimated 4% interest for the assessed amounts, and assumes 14 months interest for the first year: Cor : F_ Principal / Year interest Year %t i Year 1'5t Year $46 µ a' Bonds may be issued to finance the improvements. ';�>Revenue Source A summary of revenue sources is listed below: Project Property , Assessment rb ..y �.1 Repair Existing Curb & Gutter $19,400 01��MN Totals 0. 18 t • k 1. The Major Street Fund will finance the estimated street related project deficit of $57,680 (60% of total street costs). Mallard Park 2nd Addition 8 (�;5 Prpject Schedule Present Feasibility Report to City Council/ Order Public Hearing............................................................................ November 30, 2015 Informational Meeting.........................................................................December 29 2015 Public Hearing.............................................................................................January 5, 2016 Approve Plans and Specifications............................................................ February 16, 2016 BidDate........................................................................................................ March 24, 2016 AwardContract.................................................................................................April 5, 2016 StartConstruction............................................................................................. May 1, 2016 ProjectCompletion.......................................................................................... August, 2016 FinalCost Report........................................................................................September, 2016 Final Assessment Hearing...................................................................................... Fall 2016 First Payment Due with Property Tax Statement ........................................... May 15 2017 Mallard Park 2nd Addition 9 Appendix A Preliminary Cost Estimate City Project 1203 -Mallard Park 2nd Addition item No. I Item Part 1- Bituminous Street Overlay 2021.501 Mobilization 2232.501 Mill Bituminous Pavement (1-1/4" depth, 6" Width) 2357.502 Bituminous Material for Tack Coat 2360.501 SP WEA340B 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 Frame and Ring Casting (Manhole) 2506.602 Remove & Replace Frame & Ring Casting (27") 2563.601 Traffic Control SP -1 Signage Remove and Replace Subtotal 5% Contingency Subtotal 25% Indirect Costs Part I - Bituminous Street Overlay LS $ 4,000.00 1 $ 4,000,00 SY $ 1.50 2580 $ 3,870,00 GAL $ 3,00 440 $ 1,320.00 TON $ 60.00 630 $ 37,800.00 TON $ 130.00 5 $ 650.00 EA $ 225.00 1 $ 225.00 EA $ 400.00 1 $ 400.00 EA $ 300.00 3 $ 900.00 EA $ 700.00 4 $ 2,800,00 EA $ 950.00 3 $ 2,850.00 Ls $ 2,000.00 1 $ 2,000.00 LS $ 1,420.00 1 $ 1,420.00 $ 2,911.75 $ 61,146,75 $ 15,286.69 $ 76,433. Item No. Item Unit ( unit p,,CCTEst i Estimated I JI Qty Cost wart u -Repair existing curb a Gutter 2104.501 Remove Concrete Curb and Gutter LF $ 8.50 332 $ 2,822.00 2104.505 Remove Concrete Driveway / Valley Gutter SY $ 16.00 25 $ 400.00 2211.501 6" Aggregate Base, CI.5 (100% Crushed) TON $ 28.00 5 $ 140.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 130.00 10 $ 1,300.00 2531.501 Concrete Curb and Gutter, D412 LF $ 16.00 332 $ 5,312.00 2531.507 Concrete Valley Gutter - High Early SY $ 65.00 25 $ 1,625.00 2540.602 Repair Underground Electric Fence EA $ 100.00 5 $ 500.00 2540.602 Repair Landscaping EA $ 250.00 2 $ 500.00 2572.503 Application of Water for Turf Establishment GAL $ 0.10 2250 $ 225.00 2575.551 Select Topsoil/ Grade 1 Compost Mix CY $ 60.00 5 $ 300.00 2575.609 Seeding (MnDOT 270 w/Type 5 Hydromulch) SY $ 5.50 50 $ 275.00 subtotal 5% Contingency Subtotal 25% Indirect Costs Part 11- Repair Existing Curb & Gutter Mallard Park 2"d Addition 10 $ 739.95 $ 15,538.95 $ 3,884.74 Part 1- Bituminous Street Overlay Part II - Repair Existing Curb & Cutter Project 1203 Total Cost Mallard Park 2"d Addition 11 $ 76,433.44 $ 19,423.69 Appendix B Preliminary Assessment Role City Project #1203 Mallard Park 2nd Addition Mallard Park 2"d Addition 12 Lot Equivalent Unit 1650 WOODGATE LN 1651 WOODGATE i4is 'i i •:i' « + ODGATE i;I 1 1 4' 1655 WOODGATE LN 1658 WOODGATE Llq 104725101120 loop 104725101070 104725101130 02"0"0 104725101060 •:i �« �i « ill► MEMOIR#= •:i� "r1 1676 WOODGATE LN 11 1677 WOODGATE LN 1689 WOODGATE LN +«# WOODGATE LN ._sal i. lent 1635 _ r CIR .104725101320 104725101310!! . 1637 MALLARD CIR 104725101-300 R -I Residential Lot Equivalent Unit essment i « 1649 MALLARD DR 1658 MALLARD DR 104725102060 «. MALLARD DR 725101240 1662 MALLARD_.104725102070,I 1663 MALLARD DR 104725101230 Mallard Park 2"d Addition 12 Residential Frontage 3550 100.0% Non -Assessable Frontage 0 0.0% Total Frontage 3550 100.0% Mallard Park 2"d Addition 13 104725102080 1667 MALLARD DRics: 1220 1 67 1 0 MALLARD DR 104725102090 1 104725101210 39 R-1 Lots Total Assessments 38,220 Residential Frontage 3550 100.0% Non -Assessable Frontage 0 0.0% Total Frontage 3550 100.0% Mallard Park 2"d Addition 13 L ' 2YANKEE DOODLE RD. LE� MaHard Street , it Project ��W CLIFF - ROA 11/1612015] UM MaHard Street , it Project ��W CLIFF - ROA 11/1612015] 9fiTATA EDGE MILL —___ (6'-8'wide) Typ. REPLACE EX. CURB & GUTTER AS DIRECTED 60' ROW 11/2" TYPE 2360 BITUMINOUS BITUMINOUS TACK COAT RWIU- 10"T 7" CL. 5 AGGREGATE BASE Bituminous Street Overlay OR* in U10-WIL Mallard Park 2nd Addition City of Eakan Street Revitalization - Project 1203 Fig. 3 1 Engineering Department Typical Sections Agenda Information Memo January 5, 2016 Eagan City Council Meeting PUBLIC HEARINGS C. Project 1196 — Cedar Grove 3rd Addition Street Improvements Action To Be Considered: Close the public hearing and approve Project 1196 (Cedar Grove 3rd Addition - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Cedar Grove 3rd Addition, a neighborhood located north of Diffley Road and east of TH 77 (Cedar Avenue Freeway) in western Eagan. ➢ A structural mill and overlay of these streets is programmed for 2016 in the City of Eagan's 5 -Year Capital Improvement Plan (2016-2020). ➢ On November 30, 2015, the draft Feasibility Report was presented to the City Council and a Public Hearing was scheduled for Tuesday, January 5, 2016. ➢ An informal neighborhood meeting was held on December 29 for the adjacent property owners to discuss the proposed improvements. Of the 169 properties (168 R-1, 1 C/1) to be assessed under this improvement, no one attended the meeting, and one person emailed questions to staff. Attachments (2) PHC-1 Feasibility Report PHC-2 Neighborhood Meeting Minutes To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 5, 2016 Re: Cedar Grove 3`d Addition Street Revitalization City Project No. 1196 Attached is the feasibility report for the Cedar Grove 3`d Addition Street Revitalization, City Project No. 1196. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Reviewed By: Far- _.' Public Reviewed By: ni',— Finan—ce" rtme f?)w I hereby certify that this report was prepared by me or under my direct supervision and that i am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Aaron Nelson Date: Avkl'y Reg. No. 45795 Date: Date: " Executive Summary..................................................................................................... 1 Introduction/History .....................................................................................................2 Scope...........................................................................................................................3 Area To Be Included.....................................................................................................3 Street Pavement Evaluation.........................................................................................3 ProposedImprovements..............................................................................................4 Easements/Permits......................................................................................................6 Feasibility/Recommendations......................................................................................6 CostEstimate...............................................................................................................6 ................................................................................................................a AssessmentFinancing Options.....................................................................................8 RevenueSource...........................................................................................................9 Project Schedule..........................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Rall Appendix C Figures - I Location Map 2 Street Improvement/Assessment Area Map - 3 Typical Section — Mill & Overlay Executive Summary Background Project Name Cedar Grove 3rd Add Project # Street Area 32,430 Sq. Yds. Street Length n Carnelian Ln. Constructed Curb Removal Flint Dr. & Ln. Bluestone Dr. & Ln. Reconstructed Streets Included lade Ln. & Pt. Crack Sealed Residential Lots I Diamond Dr. & Pt. o Watergate valves Com./Ind. Parcels Topaz Dr. Seal Coated Absolute Location SE % of Section 19 Relative Location Township 27, Range 23 Project Details 1196 8,795 Feet 1960, 1966 1993 1995/1997 2007 North of Diffley Road East of Nicols Road Cost Estimate/ Revenue Cedar Grove 3`d Addition 1 PCI Rating 53/100 3 • Roadway resurfacing (edge mill & 1-1/2" overlay) • Replacement of damaged curb & eco ended Improvement �� Overlay n gutter Curb Removal 5% Scope 9 Adjustment/Replacement of: o Sanitary/Storm sewer o Utility castings Residential Lots I 168 o Watergate valves Com./Ind. Parcels 1 o Street signage ` , Cost Estimate/ Revenue Cedar Grove 3`d Addition 1 January 5, 2016 Neighborhood Street Revitalizatio Cedar Addition 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 8,795 feet of residential streets in the Cedar Grove 3rd Addition neighborhood in western Eagan has been identified for 2016 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets were originally constructed in 1960 and 1966, and were overlayed in 1993. 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 (approximately 3 years after paving) and a bituminous overlay at approximately 20+ years. Overlaying the roads located within the project area, which are 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 the streets were seal coated In 1995/1997 and 2007. 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. Cedar Grove 3rd Addition 2 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. <�;>SCgRg- This project will provide resurfacing (edge mill and overlay) for approximately 8,795 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. 1;�> Area to Be Included Properties included in the project lie within the SE %, Section 19, lying North of Diffley Road, East of Nicols Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. treet 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 2015 PCI rankings for the street segments have a weighted average pavement condition rating of 53, which falls in the "Patch/Repair and/or Overlay" category, as mentioned above. Cedar Grove 3'd Addition 3 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 2016 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. Pro osed Improvements Pavement - The proposed street improvements shown in Figure 3. The existing street section for this roadway consists of 3" bituminous pavement supported by 3"+ 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 similar to current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. it is estimated that approximately 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 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 Cedar Grove 3rd Addition 4 ensure quick and easy access by the City for maintenance and other purposes. There are a number of structures that require replacement or rehabilitation due to deterioration. These structures will be financed through the Combined Utility Fund. 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 in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Complete Streets -- "Complete Streets" is a transportation and design approach that plans, designs, operates, and maintains streets in a means to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Complete Streets allow for safe travel by those walking, bicycling, driving automobiles, riding public transportation, or delivering goods. In 2010, the State of Minnesota adopted a Complete Streets policy, which encourages, but does not require local governments to adopt this policy. The MN Department of Transportation has published a Complete Streets Guidelines for Local Agencies Resource Guide (Feb. 2013). The streets in this neighborhood were reviewed to determine if additional Complete Streets opportunities are available and/or feasible. The streets are relatively narrow at 32 feet wide, have low traffic volumes, limited access points, and a sidewalk is available along Rahn Road and Nicols'Road to connect pedestrians to the City and regional trail system. Pedestrian curb ramps in the project area at the intersecting sidewalks will be replaced if necessary to meet current Cedar Grove 3`d Addition 5 ADA design standards. Given the existing and proposed elements available for all users, the streets in this neighborhood meet the intent of the complete streets guidelines. A Easement rermlts All work will be In the public right-of-way. No additional easements are anticipated. It is anticipated that no permits will be required for the resurfacing project. Feasibility and Recommendations The mill and overlay project Is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2016 — 2020) 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. n +most Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2016 construction costs and include a 5% contingency and indirect cost of 25%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Cedar Grove 3rd Addition oMill & Overlay........................................................................ Repair Existing Concrete Curb & Gutter ................................ UtilityRepairs......................................................................... Total........................................................................... Cedar Grove 3rd Addition 6 $ 330,300 $ 91,600 3,000 $ 424,900 �Assessnlents 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 (168 single family homes) 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 residential unit, based on the City's Assessment Policy, is $955/ lot and is calculated as follows: Mill & Overlay - Residential Properties o 17,075' Residential Frontage/ 17,590 Total Frontage= 97.1% o $330,300 (Mill & Overlay Costs) x50% x 97.1% = $160,360 (Total R-1 Assessment) o $160,360/ 168 lots= $954.52, rounded to $955 /single-family lot Commercial/Industrial/Office — All commercial/industrial/office lots as shown on Figure 2 (45 front feet total), within the project area are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable, regardless of street width. The one commercial property (4040 Nicols Road) has 120' of total frontage along Carnelian Lane. Since it is a corner lot, it receives a 75' corner lot credit. It's total assessable frontage is 120'-75'=45'. (This property also received a corner lot credit on Nicols Road (city project 1120) where it had 225' total frontage — 75' corner lot credit =150'.) The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $18.78/front foot and is calculated as follows: Cedar Grove 3rd Addition 7 Assessment Ratio Property City Mill & Overlay - Low -Density Residential (R-1,2,3) 50% 50% Mill & Overlay — Commercial/Industrial 100% Repair Existing Concrete Curb & Gutter 100% Utility improvements - 100% Residential Lots — All residential lots (168 single family homes) 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 residential unit, based on the City's Assessment Policy, is $955/ lot and is calculated as follows: Mill & Overlay - Residential Properties o 17,075' Residential Frontage/ 17,590 Total Frontage= 97.1% o $330,300 (Mill & Overlay Costs) x50% x 97.1% = $160,360 (Total R-1 Assessment) o $160,360/ 168 lots= $954.52, rounded to $955 /single-family lot Commercial/Industrial/Office — All commercial/industrial/office lots as shown on Figure 2 (45 front feet total), within the project area are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable, regardless of street width. The one commercial property (4040 Nicols Road) has 120' of total frontage along Carnelian Lane. Since it is a corner lot, it receives a 75' corner lot credit. It's total assessable frontage is 120'-75'=45'. (This property also received a corner lot credit on Nicols Road (city project 1120) where it had 225' total frontage — 75' corner lot credit =150'.) The estimated cost per front foot to be assessed, based on the City's Assessment Policy, is $18.78/front foot and is calculated as follows: Cedar Grove 3rd Addition 7 $330,300 (Mill and Overlay Costs) / 17,590' (Total Frontage) _ $18.78/ Front Foot $18.78 / Front Foot x 100% (Assessment Rate) _ $18.78/ Commercial Industrial Front Foot $18.78/F.F. x 45 F.F. =$845 (C/I assessment) The remaining frontage within the project area (470' or 2.7%) is considered non- assessable under the City's Assessment Policy. AseSSfYien# Financing ®p#IAn The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners, and over 10 years for commercial/industrial owners. In 2015, the interest rate was set at 4%. The 2016 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 residential lot assessment of $955, and a commercial/industrial assessment of $845, with an estimated 4% interest for the assessed amounts, and assumes 14 months interest for the first year: $955 R-1 assessment I Principal / Year Interest / year Cost / Year Year $a $45 $236 $845 CJI assessment Princlpai / Year Interest /°Gear ~� Cost/ Year ase year..__._._..�.�..._�85______ �_.....____.3..�..___..__.n..124 _. Bonds may be issued to finance the improvements. Cedar Grove 3`d Addition 8 'v Revenue ource A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay (including Signage) $ 330,300 $ 161,285 $169,015 Repair Existing Curb & Gutter $ 92,600 - $ 91,600 Utility Improvements $ 3,000 - $ 3,000 ! Totals $424,900 $161,285 $ 263.615 The Major Street Fund will finance the estimated street related project deficit of $260,615 (62% of total street costs). The Combined Utility Fund will finance the estimated $3,000 (100%) of the utility improvements. Pry ect Schedule Present Feasibility Report to City Council/ Order Public Hearing............................................................................ November 30, 2015 Informational Meeting..........................................................................December 29, 2015 PublicHearing..............................................................................................January 5, 2016 Approve Plans and Specifications............................................................ February 16, 2016 BidDate........................................................................................................ March 24, 2016 AwardContract.................................................................................................April 5, 2016 StartConstruction............................................................................................. May 1, 2016 ProjectCompletion.......................................................................................... August 2016 Final Cost Report ........................................................................................September, 2016 Final Assessment Hearing...................................................................................... Fall, 2016 First Payment Due with Property Tax Statement ........................................... May 15, 2017 Cedar Grove 3`d Addition 9 Appendix A Preliminary Cost Estimate City Project 1196 Cedar Grove 3rd Addition Part i - Bituminous Street Overlay 2104.501 Remove Concrete Curb and Gutter 2104.505 Remove Concrete Driveway Valley Gutter 2360.501 2021.501 Mobilization LS $ 4,000.00 1 $ 4,000.00 2104.505 Remove Bituminous Pavement SY $ 10.00 10 $ 100.00 2232.501 Mill Bituminous Pavement (1-1/4" depth, 6" Width) SY $ 1.50 12240 $ 18,360.00 2357.502 Bituminous Material for Tack Coat GAL $ 3.00 2280 $ 6,840.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 60.00 3100 $ 186,000.00 2360.501 SP WEA34OB Wearing Course Mixture (Patch) TON $ 130.00 27 $ 3,510.00 2504.602 Adjust Gate Valve Box EA $ 225.00 8 $ 1,800.00 2504.602 Repair Gate Valve Mid Section EA $ 400.00 2 $ 800.00 2504.602 Repair Gate Valve Top Section w/Cover EA $ 300.00 2 $ 600.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 700.00 18 $ 12,600.00 2506.602 Adjust Manhole Casting- Riser Adjustment EA $ 250.00 28 $ 7,000.00 2506.602 Remove & Replace Frame & Ring Casting (27`) EA $ 950.00 3 $ 2,850.00 2563.601 Traffic Control LS $ 2,000.00 1 $ 2,000.00 SP -1 Signage Remove and Replace LS $ 5,190.00 1 $ 5,190.00 Subtotal $ 251,650.00 5% Contingency $ 12,582.50 Subtotal $ 264,232.50 25% Indirect Costs $ 66,058.13 Part I - Bituminous Street Overlay $ 390,290.63 Item No. I Item Part it - Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter 2104.505 Remove Concrete Driveway Valley Gutter 2360.501 SP WEA340B Wearing Course Mixture (Patch) 2504.602 Irrigation Repair 2506.521 Install Casting 2506.602 Adjust Frame & Ring Casting (CB) HDPE Rings 2506.602 Remove & Replace Casting (Catch Basin) 2506.602 Install 2 x 3 CB Erosion Barrier Shroud 2506.503 Reconstruct CB (2'x3') 2531.501 Concrete Curb and Gutter, B618 2531.507 Concrete Valley Gutter- High Early 2540.602 Repair Underground Electric Fence 2540.602 Repair Landscaping 2572.503 Application of Water for Turf Establishment 2573.530 Storm Drain Inlet Protection 2575.551 Select Topsoll/ Grade 1 Compost Mix 2575.609 Seeding(MnDOT 270 w/Type 5 Hydromulch) Subtotal 5% Contingency Subtotal 25% Indirect Costs Part It - Repair Existing Curb & Gutter L LF $ 8.50 1350 $ 11,475.00 SY $ 16.00 87 $ 1,392.00 TON $ 130.00 45 $ 5,850.00 EA $ 200.00 5 $ 1,000.00 EA $ 550.00 1 $ 550.00 EA $ 450.00 26 $ 11,700.00 EA $ 800.00 2 $ 1,600.00 EA $ 150.00 1 $ 150.00 LF $ 500.00 1 $ 500.00 LF $ 18.0D 1350 $ 24,300.00 SY $ 65.00 87 $ 5,655.00 EA $ 100.00 5 $ 500.00 EA $ 250.00 5 $ 1,250.00 GAL $ 0.10 6750 $ 675.00 EA $ 125.00 29 $ 3,625.00 CY $ 60.00 17 $ 1,020.130 SY $ 5.50 150 $ 825.00 Cedar Grove 3rd Addition 10 $ 72,067.00 $ 3,603.35 $ 75,670.35 $ 18,917.59 $ 94,587.94 Part I - Bituminous Street Overlay Part 11- Repair Existing Curb & Gutter Project 1196 Total Cost Cedar Grove 3rd Addition 11 $ 330,290.63 $ 94,587.94 $ 424,878.56 Appendix B Preliminary Assessment Role City Project #1196 Cedar Grove 3rd Addition Cedar Grove 3rd Addition 12 Jade Point R-1 Residential R-1 Residential U It Assessment Total 2127 JADE PT 101670208210 1 $ 955 $ 955 2128 JADE PT 101665001050 1 4026 DIAMOND PT $ 955 2133 JADE PT 101670208200 1 $ 4031 DIAMOND PT 955 2134 JADE PT 101665001060 1 $ 955 4032 DIAMOND '_ ! .• Of 10 11 - 1 $ 955 i $ 4049 DIAMOND PT 101670208070 1 $ 955 $ 955 i 2144 JADE PT ryi 101670208180 Subtotal 1 7 $ 955 ! $ $ 955 6,685 2026 BLUESTONE LN 056 8 !' i . 101665001020 $ 955 Rat Residential a Lot Equivalent unit Assessment 955 Total 4071 DIAMOND DR 101670201071 1 $ Cedar Grove 3rd Addition 12 Jade Point R-1 Residential p 1 N Lot Equivalent U It Assessment Total 2127 JADE PT 101670208210 1 $ 955 $ 955 2128 JADE PT 101665001050 1 $ 955 $ 955 2133 JADE PT 101670208200 1 $ 955 1; $ 955 2134 JADE PT 101665001060 1 $ 955 $ 955 2137 JADE PT 101670208190 1 $ 955 i $ 955 2140 JADE PT 101665001070 1 $ 955 $ 955 i 2144 JADE PT ryi 101670208180 Subtotal 1 7 $ 955 ! $ $ 955 6,685 2026 BLUESTONE LN Diamond Drive $ 955 $ 955 Rat Residential P.i.N. Lot Equivalent unit Assessment 955 Total 4071 DIAMOND DR 101670201071 1 $ 955 955 955 4072 DIAMOND DR 101670202030 1 $ 955 $ 955 4077 DIAMOND DR 101670201072 1` 1 955 $ 955 4078 DIAMOND DR 101670202020 1 $ 955 $ 955 I 4084. DIAMOND DR 101670202010 Subtotal 1 5 $ 955 $ $ 955 41,775 Cedar Grove 3rd Addition 12 Bluestone Lane II R-1 Residential t P.I.N. Lot Assessment unit Total 2013 BLUESTONE LN 101670205450 1 $ 955 $ 955 2014 BLUESTONE LN 101670207160 1 $ 955 $ 955 2017 BLUESTONE LN 101670205440 1 $ 955 $ 955 , 2018 BLUESTONE LN 101670207150 1 $ 955 $ 955 2021 BLUESTONE LN 101670208430 1 $ 955 $ 955 2022 BLUESTONE LN 101670207140 1 $ 955 $ 955 2025 BLUESTONE LN 101670208420 1 $ 955 955 2026 BLUESTONE LN 101670207130 1 $ 955 $ 955 2029 BLUESTONE LN 101670208410 1 $ 955 $ 955 2030 BLUESTONE LN 101670207120 1 $ 955 $ 955 2033 BLUESTONE LN 101670208400 1 $ 955 $ 955 2034 BLUESTONE LN 101670207110 1 $ 955 $ 955 2037 BLUESTONE LN 101670208390 1 $ 955 $ 955 2038 BLUESTONE LN 101670207100 1 $ 955 $ 955 2041 BLUESTONE LN 101670208380 1 $ 955 $ 955 Cedar Grove 3rd Addition 12 2042 BLUESTONE LN 101670207090 1 $ 955 $ 955 2045 BLUESTONE LN 101670208370 1 $ 955 $ 955 2046 BLUESTONE LN 101670207080 1 ' $ 955 $ 955 2049 BLUESTONE LN 101670208360 1 $ 955 $ 955 2050 BLUESTONE LN 101670207070 1 $ 955 $ 955 2053 BLUESTONE LN 101670208350 J 1 $ 955 $ 955 2054 BLUESTONE DR 1071670207060 1 $ 955 $ 955 2057 BLUESTONE LN 101670208340 1 $ 955 $ 955 2061 BLUESTONE DR 101670208330 1 $ 955 $ 955 2065 BLUESTONE DR 101670208320 1 $ 955 $ 955 2066 BLUESTONE DR 101670207050 1 $ 955 $ 955 2069 BLUESTONE DR 101670208310 1 $ 955 $ 955 _ _2070 BLUESTONE OR 101670207040 1 $ 955 $ 955 2073 BLUESTONE DR 101670208300 1 $ 955 $ 955 2074 BLUESTONE DR 101670207030 1 $ 955 $ 955 2078 BLUESTONE DR 101670207020 1 $ 955 $ 955 2081 BLUESTONE DR 101670208290 1 $ 955 $ 955 2P-2 BLLJESTONE DR 101670207010 Subtotal1 1 33 $ 955 $ $ 955 31,515 Cedar Grove 3`d Addition 13 Flint Lane R-1 Residential P.I.N. Lot Equivalent R-1 Residential P.I.N. Lot Equivalent Unit Assessment 101670203070 1 Total 2014 FLINT LN 101670206120 1 $ 955 $ 955 2017 FLINT LN 101670207180 1$ $ 955 $ 955 2018 FLINT LN 101670206110 1 955 $ 955 2021 FLINT LN 101670207190 1 $ 955 $ 955 ;s 2022 FLINT LN 101670206100 1 $ 955 $ 955 2025 FLINT LN 101670207200 1 $ 955 $ 955 2026 FLINT LN 101670206090 1 $ 955 $ 955 2029 FLINT LN 101670207210 1 $ 955 $ 955 2030 FLINT LN 101670206080 1 $ 955 'I $ 955 i 2033 FLINT LN 101670207220 1 $ 955 $ 955 2034 FLINT LN 101670206070 1 $ 955 $ 955 2037 FLINT LN 101670207230 1 $ 955 $ 955 ' 2038 FLINT LN 101670206060 1 1 $ 955 $ 955 2041 FLINT LN 101670207240 1 $ 955 $ 955 2042 FLINT LN 101670206050 1 $ 955 $ 955 2045 FLINT LN 101670207250 1 $ 955 $ 955 2046 FLINT LN 101670206040 1 $ 955 $ 955 2049 FLINT LN 101670207260 1 $ 955 $ 955 2050 FLINT LN 101670206030 1 $ 955 $ 955 2053 FLINT LN 101670207270 1 955 $ 955 2057 FLINT LN 101670207280 1 $ 955 $ .955 ; 2058 FLINT LN 101670206020 1 $ 955 $ 955 2070 FLIRT LN 101670204010 1 $ 955 ( $ 955 2074 FLINT LN 101670204230 1 $ 955 $ 955 7-075 FLINT LN i 101670205120 1 $ 955 $ 955 Subtotal 25 $ 23,876 Cedar Grove 3`d Addition 13 Jade Lane R-1 Residential P.I.N. Lot Equivalent Unit Assessment Total 2014 JADE LN 101670203070 1 $ 955 $ 955 2017JADE 'LN 101670204130 1 $ 955 $ 955 2018 JADE LN 101670203060 1 $ 955 $ 955 Cedar Grove 3`d Addition 13 2021 JADE LN 101670204140 1 $ 955 ( $ 955 2022 JADE LN 101670203050 1 $ 955 $ 955 2025 JADE LN 101670204150 1 $ 955 $ 955 2026 JADE LN 101670203040 1 $ 955 $ 955 2029 JADE LN 101670204160 1 $ 955 $ 955 2030 JADE LN 101670203030 1 $ 955 $ 955 I 2033 JADE LN 101670204170 1 $ 955 $ 955 2034 JADE LN 101670203020 1 $ 955 $ 955 2037 JADE LN 101670204180 1 $ 955 $ 955 2041 JADE LN 101670204190 1 $ 955 $ 955 2042 JADE LN 101670202240 1 $ 955 $ 955 2045 JADE LN 101670204200 1 $ 955 $ 955 2046 JADE LN 101670202230 1 $ 955 $ 955 2049 JADE LN 101670204210 1 $ 955 $ 955 2050 JADE LN 101670202220 1 $ 955 $ 955 2053 JADE LN 101670204220 1 $ 955 $ 955 2054 JADE LN 101670202210 1 $ 955 $ 955 2058 JADE LN. 101670202200 1 $ 955 $ 955 2062 JADE LN 101670202190 1 $ 955 $ 955 2,066 JADE LN 101670202180 1 $ 955 $ 955 2069 JADE LN 101670205130 1 $ 955 $ 955 2070 JADE LN 101670202170 1 $ 955 $ 955 2073 JADE LN 101670205140 1 $ 955 $ 955 2074JADE LN 101670202160 1 $ 955 $ 955 2077 JADE LN 101670205150 } 1 $ 955 $ 955 2078 JADE LN 101670202150 1 $ 955 $ 955 2081 JADE LN 101670205160 1 $ 955 $ 955 2082 JADE LN 101670202140 1 $ 955 $ 955 2085 JADE LN 101670205170 1 $ 955 $ 955 2086JADE LN 101670202130 1 $ 955 $ 955 ` 2089 JADE LN 101670205180 1 $ 955 $ 955 2090 JADE LN 101670202120 1 $ 955 $ 955 2093 JADE LN 101670205190 1 $ 955 $ 955 2094 JADE LN 101670202110 1 $ 955 $ 955 2097 JADE LN 101670205200 1 $ 955 $ 955 2098 JADE LN 101670202100 1 $ 955 $ 955 2102 JADE LN 101670202090 1 $ 955 $ 955 2106 JADE LN 101670202080 1 $ 955 $ 955 2110 JADE LN 101670202070 1 955 $ 955 2114JADE J;N ; 101670202060 1 955 $ 955 Subtotal 43 $ 41,465 a Cedar Grove 3rd Addition 14 Carnellan Lane R-1 Residential P.I.N. Lot Equivalent unit Assessment Tata! 2013 CARNELIAN LN 101670206130 1 $ 955 $ 955 2017 CARNELIAN LN 101670206140 1 $ 955 $ 955 2018 CARNELIAN LN 101670204100 1 $ 955 $ 955 2021 CARNELIAN LN 101670206150 1 $ 955 $ 955 2022 CARNELIAN LN 101670204090 1 $ 955 $ 955 2025 CARNELIAN LN 101670206160 i 1 $ 955 $ 955 2026 CARNELIAN LN 101670204080 1 $ 955 $ 955 2033 CARNELIAN LN 101670206170 i 1 $ 955 $ 955 2034 CARNELIAN LN 101670204070 1 $ 955 $ 955 2037 CARNELIAN LN 101670206180 1 I $ 955 $ 955 2038 CARNELIAN LN 101670204060 1 $ 955 $ 955 Cedar Grove 3rd Addition 14 2041 CARNELIAN LN 101670206190 1 $ 955 $ 955 2042 CARNELIAN LN 101670204050 1 $ 955 $ 955 2045 CARNELIAN LN 101670206200 1 $ 955 $ 955 2046 CARNELIAN LN , 101670204040 1 $ 955 $ 955 2049 CARNELIAN LN 101670206210 1 $ 955 $ 955 2050 CARNELIAN LN 101670204030 1 $ 955 $ 955 2054 CARNELIAN LN 101670204020 1 $ 955 I $ 955 2055 CARNELIAN LN 101670206010 1 $ 955 $ 955 I 2065 CARNELIAN LN 101670207290 1 $ 955 '; $ 955 2066 CARNELIAN LN 101670205110 1 $ 955 $ 955 2070 CARNELIAN LN 101670205100 1 $ 955 $ 955 2074 CARNELIAN LN 101670205090 1 $ 955 $ 955 2078 CARNELIAN LN 101670205080 1 $ 955 $ 955 2082 CARNELIAN LN 101670205070 1 $ 955 $ 955 2085 CARNELIAN LN 101670208280 1 $ 955 $ 955 2086 CARNELIAN LN 101670205060 1 $ 955 $ 955 2089 CARNELIAN LN 101670208270 1 $ 955 $ 955 2090 CARNELIAN LN 101670205050 1 $ 955 $ 955 2093 CARNELIAN LN 101670208260 1 $ 955 $ 955 2094 CARNELIAN LN t 101670205040 1 $ 955 $ 955 2097 CARNELIAN LN 101670208250 1 $ 955 $ 955 2098 CARNELIAN LN 101670205030 1 $ 955 $ 955 2101 CARNELIAN LN 101670208240 1 $ 955 $ 955 2102 CARNELIAN LN 101670205020 1 $ 955 $ 955 2105 CARNELIAN LN 101670208230 1 $ 955 $ 955 2106 CARNELIAN LN 101670205010 1 $ 955 $ 955 2109 CARNELIAN LN 101670208220 1 $ 955 $ 955 i 2116 CARNELIAN LN 101670202050 1 $ 955 $ 955 2120 CARNELIAN LN 101670202040 1 $ 955 $ 955 '. 2121 CARNELIAN LN 101665001040 1 $ 955 $ 955 2128 CARNELIAN LN 101670201050 1 $ 955 $ 955 I 2132 CARNELIAN LN 101670201040 1 955 $ 955 2133 CARNELIAN LN 101670208060 1 $ 955 $ 955 2136 CARNELIAN LN 101670201030 1 $ 955 $ 955 2139 CARNELIAN LN 101670208050 1 $ 955 $ 955 2140 CARM-EVAN L q 101670201020 Subtotal 1 47 $ 955 $ $ 955 44,885 Topaz Drive R-1 Residential P.I.N. Total Equivalent Assessment 4134 TOP67 OR 101670203010 1 955 $ 955 r}'I Subtotal 3 955 Nicols Read I C/I P.I.N. Front Feet Rate / F.F. I Total 1 4040 NICOL RLQ* I 101670208041 45 18,78 $ 845 Subtotal I' 45 $ 845 'property rete ces a 75' corner [at credit. Assessihle length Is 120'-75'-45' *property also received a 75' corner lot credit for pro]. 1120 (Nicols Rd.) TOTAL $ 161,285 R-1 168 lots _ C/I 1 parcels T"ntal �� 169 Cedar Grove 3`d Addition 15 Residential Frontage 17075 97,1% C/I Frontage 45 0.3% Rion -Assessable Frontage 470 2.7% Total Frontage 17590 100.0% Cedar Grove 3rd Addition 16 ANN - Cedar Grove 3rd Addition My oflap Street Revitalization - Project 1196 Fig. 1 EDGE MILL (6'-8' wide) TYP. REPLACE EX. CURB & GUTTER AS DIRECTED %.#L-. I.- I " UPWA-- 0 0 M 60' ROW 930M H 1112 TYPE 2360 BITUMINOUS Ii BITUMINOUS TACK COAT Ex. 3" BITUMINOUS SURFACE 011 Bituminous Street Overlay M�� JTTER Cedar Grove 3rd Addition City of Eap Street Revitalization - Project 1196 Fig. 3 Engineering Department Typical Sections I Cedar Grove 3rd Addition Neighborhood Street Revitalization City Project No. 1196 Informational Meeting — 5:30 P.M. Tuesday, Dec. 29, 2015 Conference Rooms 1A&B Attendance Aaron Nelson, Assistant City Engineer, 1 resident (2081 Jade Lane) representing 1 single family home emailed questions regarding the improvements, but did not attend the meeting. Presentation of Project Details Nelson responded to the residents emailed questions. Questions/ Comments 1. What is the amount of footage or miles that will be done? The total centerline footage of street being rehabilitated in your neighborhood is approximately 8,795 feet. 2. What is wrong with our current signage? Seems like a great waste to junk these and create new if not necessary. Would be wiser to put up a few street lights for the money or put the money into helping us get rid of the ash trees. The signs are being replaced to meet current reflectivity standards. As signs age and wear, the amount of reflectivity is reduced and they need to be replaced to meet state standards. If the neighborhood would like more street lights, we can coordinate installation with the power company. However, any street light related costs would be added to the assessment. 3. Where is the curb work that will be done? Any damaged curb (sunk, heaved, large cracks or chunks missing, or causing standing water) will be removed and replaced. We expect only about 5% of the curb to be replaced. The project inspector will mark the damaged curb prior to construction. 4. There has been considerable increase of traffic in this area since the outlet mall has been built. Why isn't the mall paying for portion? Our studies have shown that mall traffic has not had a substantial impact to the surrounding neighborhood streets. The mall also built all the streets surrounding their development (Nicols Road, Eagan Outlets Parkway, Cedar Grove Parkway, Fen Way, and River Valley Way) and will be financially responsible to rehabilitate those streets when they are ready. 5. Why is 4040 commercial lot paying less than family lot? Residential properties are assessed only if their FRONT YARD is adjacent to the street being rehabilitated. Commercial properties are assessed with ANY frontage (front, side, rear) to the street being rehabilitated. Since that property is a corner lot, it was also assessed when we rehabilitated Nicols Road in 2013. Commercial properties are assessed based on the amount of frontage they have to the street, and corner lots receive a "75' corner lot credit" on each road so they aren't penalized for being adjacent to 2 streets. With Nicols Road, that property was assessed for 225' frontage - 75' corner lot credit = 150' assessable frontage. With the Cedar Grove neighborhood, it is being assessed for 120' frontage - 75' corner lot credit = 45' assessable frontage. Commercial properties are also assessed at a higher rate (2x the residential rate). To summarize, that property is being assessed for the 2nd time in 3 years, and its total assessment is considerably higher than the residential properties. Agenda Information Memo January 5, 2016 Eagan City Council Meeting PUBLIC HEARINGS D. Project 1192 — Johnny Cake Ridge Road (Cliff Road to Teal Cove) Street Improvements Action To Be Considered: Close the public hearing and approve Project 1192 (Johnny Cake Ridge Road (Cliff Road to Teal Cove) - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Johnny Cake Ridge Road (Cliff Road to Teal Cove), a collector street located north of Cliff Road and east of 1-35E in central Eagan. ➢ A structural mill and overlay of this collector street is programmed for 2016 in the City of Eagan's 5 -Year Capital Improvement Plan (2016-2020). ➢ On November 30, 2015, the draft Feasibility Report was presented to the City Council and a Public Hearing was scheduled for Tuesday, January 5, 2016. ➢ An informal neighborhood meeting was held on December 29 for the adjacent property owners to discuss the proposed improvements. Of the 28 properties (9 R-1, 18 R-3, and 1 P.F.) to be assessed under this improvement, no one attended the meeting. Attachments (1) PHD-1 Feasibility Report City of Eakan Me To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: January 5, 2016 Re: Johnny Cake Ridge Road Street Revitalization City Project No. 1192 Attached is the feasibility report for the Johnny Cake Ridge Road Street Revitalization, City Project No. 1192. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Reviewed By: al2l- I Dbartment of Public Works Reviewed By: Fina4lbepartment I hereby certify that this report was prepared by me or under my direct supervision and that 1 am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Aaron Nelson Date: QJI Reg. No. 45795 Date: Date: Executive Summary..................................................................................................... 1 Introduction/History.....................................................................................................2 Scope...........................................................................................................................3 AreaTo Be Included.....................................................................................................3 StreetPavement Evaluation.........................................................................................3 ProposedImprovements..............................................................................................4 Easements/Permits......................................................................................................6 Feasibility/Recommendations......................................................................................6 CostEstimate...............................................................................................................6 Assessments................................................................................................................7 Assessment Financing Options.....................................................................................9 RevenueSource...........................................................................................................9 Project Schedule.........................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Mill & Overlay Executive Summary Background Project Name Johnny Cake Ridge Road Project # 1192 Recommended (Cliff Rd to Teal Cove) mill & 2** overlay) Improvement Street Area 15,120 Sq. Yds. Street Length 3,230 Feet Curb Removal Constructed 1974 Reconstructed 1999 Johnny Cake Crack Sealed - Streets Included Ridge Road • Utility castings R-3 Residential Units Seal Coated E 2004, 2011 Absolute Location West Y2of Section 28 Relative Location North of Cliff Road i— Township 27, Range 23 1 East of 1-35E Project Details Cost Estimate/ Revenue Johnny Cake Ridge Road (Cliff Road to Teal Cove) 1 PCI Rating 51/100 • Roadway resurfacing (full width Recommended mill & 2** overlay) Improvement Overlay • Replacement of damaged curb & Curb Removal 19% gutter Scope a Adjustment/Replacement of: • Sanitary/Storm sewer R-1 Residential Lots 9 • Utility castings R-3 Residential Units 18 • Water gate valves i Public Facility I • Street signage I Cost Estimate/ Revenue Johnny Cake Ridge Road (Cliff Road to Teal Cove) 1 January 5, 2016 Neighborhood Johnny Cake Ridge Road (ClIff Rd. to Teal Cov Eagan,. Minnesota I Introduction Histo 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 3,230 feet of collector roadway in southeast Eagan has been identified for 2016 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The street was originally constructed in 1974 and was overlayed in 1999. 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 (approximately 3 years after paving) and a bituminous overlay at approximately 20+ years. Overlaying the road located within the project area, which is currently in the 17 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 the street was seal coated in 2004 and 2011. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous 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 Johnny Cake Ridge Road (Cliff Road to Teal Cove) 2 project area and determined the underground systems are generally in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right-of- way and easements such as street lights, utility boxes, and above ground storm water ponds/access, and pedestrian features were evaluated. The rehabilitation of City -maintained items is included in this project, if needed. <�;>Scope This project will provide resurfacing (full width mill and 2" overlay) for approximately 3,230 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 West 1/2, Section 28, lying North of Cliff Road, East of 1-35E, 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: �ecornmended Improvement ii Routine S -al -Coat Patch/Repair and/or Overlay Reconstruct/ Reclaim The 2015 PCI rankings for the street segments have a weighted average pavement condition rating of 51, 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 Johnny Cake Ridge Road (Cliff Road to Teal Cove) 3 2016 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. Prw used Improvements Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 19% 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 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. Johnny Cake Ridge Road (Cliff Road to Teal Cove) 4 Sidewalk/Path & Pedestrian Ramps — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are,, �;," ,�� a improved, including street surface improvements. The lloa& 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 wherever they currently do not exist. Signage - Traffic and street identification signage within the project limits has reached the end of its useful life expectancy and is in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights—The street lights in the project area (maintained by Dakota Electric Association) are in good condition and provide adequate coverage the existing street lights are proposed. No modifications to Complete Streets — "Complete Streets" is a transportation and design approach that plans, designs, operates, and maintains streets in a means to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Complete Streets allow for safe travel by those walking, bicycling, driving automobiles, riding public transportation, or delivering goods. Johnny Cake Ridge Road (Cliff Road to Teal Cove) 5 In 2010, the State of Minnesota adopted a Complete Streets policy, which encourages, but does not require local governments to adopt this policy. The MN Department of Transportation has published a Complete Streets Guidelines for Local Agencies Resource Guide (Feb. 2013). Johnny Cake Ridge Road was reviewed to determine if additional Complete Streets opportunities are available and/or feasible. A trail runs along the east boulevard, and a sidewalk in the west boulevard that connect pedestrians to the City and regional trail system. Pedestrian curb ramps in the project area at the intersecting sidewalks will be replaced if necessary to meet current ADA design standards. Given the existing and proposed elements available for all users, the streets in this neighborhood meet the intent of the complete streets guidelines. -t Easement Permits All work will be in the public right-of-way. No additional easements are anticipated. A Dakota County right-of-way permit will be required for any work within the Cliff Road right-of-way. FeasibiEity 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 (2016 — 2020) 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. Johnny Cake Ridge Road (Cliff Road to Teal Cove) 6 Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2016 construction costs and include a 5% contingency and indirect cost of 259/0, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Johnny Cake Ridge Road (Cliff Road to Teal Cove) Mill& Overlay........................................................................ $ 251,200 Repair Existing Concrete Curb & Gutter ................................ 99,900 Total........................................................................... $ 351,100 e;>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 improvements along collector roadways. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. • Street Width = 44' • Total Front Feet (F.F.) = 6,460 F.F. • Residential Frontage = 866 F.F. • Public Facility Frontage = 742 F.F. An early deterioration credit of 15% is proposed for all properties (Residential and Public Facility) because the pavement condition has deteriorated 3 years prior to the anticipated 20 -year pavement life cycle (3/20=15%). The early deterioration adjustment factor is 100% - 15% = 85.0%. This reduced assessment rate is in accordance with the February 16, 2010 update of the City's Special Assessment Policy for addressing premature infrastructure failure. e- A pavement thickness adjustment factor is proposed for all residential properties (not Public Facility) to adjust the assessment to make it consistent with those on residential streets of similar age and condition. Johnny Cake Ridge Road is anticipated to receive a full width mill and 2" overlay. To adjust the cost to be consistent with a typical residential street, a 1.5"/2A"=75.0% multiplication factor is used. The adjustment factor anticipates a 2" overlay, but the actual will be determined by the final design. A street width adlustment factor is proposed for all properties (Residential and Public Facility) as described in the City's assessment policy. Since the road is 44' wide, the assessment will be reduced by multiplying the assessment rate by a factor of 32'/ 44' 72.790. Johnny Cake Ridge Road (Cliff Road to Teal Cove) 7 City Special Assessment Policy Assessment Ratio Property City Mill & Overlay - Low -Density Residential (R-1,2,3) 50% 50% Mill & Overlay— Public Facilities 75% 25% Repair Existing Concrete Curb & Gutter 100% Residential Lots —All residential properties (9 R-1 & 18 R-3) 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 collector roadways, based on a standard 32 -foot width. Following historical practice, high density residential properties (R-2 & R-3) are assessed at a rate of 75% of single family properties, so each unit is equivalent to 0.75 residential units. The estimated cost per ERU, based on the City's Assessment Policy, is $350 /ERU and is calculated as follows: Mill & overlay: R-1 & R-3 Residential o 1 R-1 lot =1 Equivalent Residential Unit (ERU) e 1 R-3 unit = 0.75 ERU TOTAL NUMBER OF ERU'S = (9 x 1.0 ERU) R-1 + (18 x 0.75 ERU) R-3 = 22.5 ERU's 0 866' R1/R3 Frontage/ 6,460' Total Frontage =13.4% o $251,200 (Mill & Overlay Costs) x 50% x 85.0% x 75.0% x 72.7% x 13.4% - $7,800 (Total R1/R3 Assessment) o $7,800/22.5 ERU's =$346.67, rounded to $350/ ERU R-1= 350 x 1.00 = 350 lot ........................... ( 9 lots) ® R-3 = $350 x 0.75 = $263/ unit ......................... (18 units) Public Facility Lots — All Public Facility lots (Oak Ridge Elementary School — 742' frontage), as shown on Figure 2, within the project area are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable, based on a comparable standard 32 -foot wide street. Since Red Pine Lane is 44' wide, the assessment for public facility lots will be reduced by multiplying the assessment rate by a factor of 32'/44'. The estimated assessments, based on the City's Assessment Policy for a standard mill & overlay improvement, is $18.02 per front foot for public facility lots, and is calculated as follows: e Mill & Overlay— Public Facilities o $251,200 (Mill & Overlay Costs) / 6,460' (Total Frontage) = $38.89/ Front Foot o $38.89/ Front Foot x 75% (Assessment Rate) x 85% (early deterioration) x 72.7% (street width) = $18.02 / Public Facility Front Foot o $18.02/F.F. x 742 F.F. =$13,371 P.F. assessment Johnny Cake Ridge Road (Cliff Road to Teal Cove) 8 The remaining frontage within the project area (4,852' or 75.1%) is considered non- assessable under the City's Assessment Policy. 14ss@55tY'i@ttt Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners and 10 years for public facilities. In 2015, the interest rate was set at 4%. The 2016 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 R-1 residential lot assessment of $350, and a R-3 residential unit assessment of $263, with an estimated 4% interest for the assessed amounts, and assumes 14 months interest for the first year: $350 R-1 Princi i / Year I interest /year [ Cost / _ Year j 3 5Year $ 0 $73 $263 R-3 T_Principal / Year interest / Year Cost / Year Year 53 $12 $65 �5 Year $53 F $2 I $55 Bonds may be issued to finance the improvements. q-15'Revenue Source Cost Property Assessment City Contribution Mill and Overlay (including Signage) f $ 251,200 $ 21,255 $229,945 RepairProject ♦ & Gutter .990 i Totals 351,100 Major Street Fund will finance the estimated street related project deficit of $329,845 (94% of total street costs). Johnny Cake Ridge Road (Cliff Road to Teal Cove) 9 ';�� Project Schedule Present Feasibility Report to City Council/ Order Public Hearing............................................................................ November 30, 2015 Informational Meeting..........................................................................December 29, 2015 Public Hearing.............................................................................................January 5, 2016 Approve Plans and Specifications............................................................ February 16, 2016 BidDate........................................................................................................ March 24, 2016 AwardContract.................................................................................................April 5, 2016 Start Construction............................................................................................. May 1, 2016 ProjectCompletion.......................................................................................... August, 2016 Final Cost Report........................................................................................September, 2016 FinalAssessment Hearing...................................................................................... Fall, 2016 First Payment Due with Property Tax Statement ........................................... May 15, 2017 Johnny Cake Ridge Road (Cliff Road to Teal Cove) 10 Appendix A Preliminary Cost Estimate City Project 1192 - Johnny Cake Ridge Rd Item No. ! Item I Unit ( Unit Price Est I 191,410.00 Estimated Cost Part I - Bituminous Street Overlay $ 9,570.50 Subtotal 2021.501 Mobilization LS $ 4,000.00 1 $ 4,000.00 2104.505 Remove Bituminous Pavement SY $ 10.00 30 $ 300.00 2232.501 Mill Bituminous Pavement (1-1/4" depth, 6" Width) SY $ 1.50 420 $ 630.00 2232.501 Mill Bituminous Pavement - Full Width (1-1/4" Depth) SY $ 3.00 14700 $ 44,100.00 2357.502 Bituminous Material for Tack Coat GAL $ 3.00 985 $ 2,955.0D 2360,501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 60.00 1950 $ 117,000.00 2360.501 SP WEA3408 Wearing Course Mixture (Patch) TON $ 130.00 20 $ 2,600.00 2504.602 Adjust Gate Valve Box EA $ 225.00 5 $ 1,125.00 2504.602 Repair Gate Valve Mid Section EA $ 400.00 2 $ 800.00 2504.602 Repair Gate Valve Top Section w/Cover EA $ 300.00 3 $ 900.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 700.00 15 $ 10,500.00 2506.602 Remove & Replace Frame & Ring Casting (2711) EA $ 950.00 2 $ 1,900.00 2563.601 Traffic Control LS $ 2,000.00 1 $ 2,000.00 SP -1 Signage Remove and Replace LS $ 2,600.00 1 $ 2,600.00 Subtotal $ 191,410.00 5% Contingency $ 9,570.50 Subtotal $ 200,980.50 259* Indirect Costs $ 50,245.13 Part I - Bituminous Street Overlay $ 251,225.63 Item No• item Unit Unit price Est Qty Estimated Cost Part 11- Repair Existing Curb & Gutter 2104.501 Remove Concrete Curb and Gutter LF $ 8.50 1270 $ 10,795.00 2104.503 Remove Bituminous Trail Pavement SF $ 2.00 120 $ 240.00 2104.503 Remove Concrete Sidewalk (4") SF $ 4.00 730 $ 2,920.00 2104.505 Remove Concrete Driveway Valley Gutter SY $ 16.00 100 $ 1,600.00 2211.501 6" Aggregate Base, CI.5 (100% Crushed) TON $ 28.00 10 $ 280.00 2360.501 SP WEA340D Wearing Course Mixture (Patch) TON $ 130.00 75 $ 9,750.00 2504.602 Irrigation Repair EA $ 200.00 5 $ 1,000.00 2506.602 Adjust Frame & Ring Casting (CB) HDPE Rings EA $ 450.00 8 $ 3,600.00 2506,602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 150.00 1 $ 150.00 2521.501 6" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset 5F $ 8.00 210 $ 1,680.00 2521.501 4" Concrete Sidewalk SF $ 5.00 860 $ 4,300.00 2531.501 Concrete Curb and Gutter, 8618 LF $ 18.00 1210 $ 21,780.00 2531.501 Concrete Curb and Gutter, D412 LF $ 16.00 160 $ 2,560.00 2531.507 Concrete Valley Gutter- High Early SY $ 65.00 100 $ 6,500.00 2531.518 Truncated Dome Detectable Warning Paver (2x2) EA $ 165.00 12 $ 1,980.00 2540.602 Repair Underground Electric Fence EA $ 100.00 3 $ 300.00 2540.602 Repair Landscaping EA $ 250.00 3 $ 750.00 2572.503 Application of Water for Turf Establishment GAL $ 0.10 16000 $ 1,60D.00 2575.551 Select Topsoil/ Grade 1 Compost Mix CY $ 60.00 40 $ 2,400.00 2575.609 Seeding (MnDOT 270 w/Type 5 Hydromulch) SY $ 5.50 355 $ 1,952.50 Subtotal $ 76,137.50 5% Contingency $ 3,806.88 Subtotal $ 79,944.38 25% Indirect Costs $ 19,986.09 Part II - Repair Existing Curb & Gutter $ 99,930.47 Part l - Bituminous Street Overlay $ 251,225.63 Part It - Repair Existing Curb & Gutter $ 99,930.47 Project 1123 Total Cost $ 351,156.09 Johnny Cake Ridge Road (Cliff Road to Teal Cove) 11 Appendix B Preliminary Assessment Role City Project #1192 Johnny Coke Ridge Road Johnny Cake Ridge Road Public Facilities P.I.N. Parcels Front Unit Total I Footage p Assessment 4350 JOHNNY CAKE RIDGE RD (Oak Ridge 108445002010 1 742 $18,02 13,371 Elementry School) I Subtotal 1 1 742 $ 13,371 TOTAL 1- -2-112-55 R-1 9lots 1. R-3 18 units Public Facility I parcels 28 t=ow Johnny Cake Ridge Road (Cliff Road to Teal Cove) 12 Johnny Cake Ridge Road R-1 Residential P.I.N. Parcels Lot Equivalent Unit Assessment Total I 4451301INNY CAKE RIDGE RD 104725101180 1 1 $350 $ 350 4461 JOHNNY CAKE RIDGE RD 104725101190 1 1 s350 $ 350 4471 JOHNNY CAKE RIDGE RD 104725101200 1 1 $350 $ 350 4545 JOHNNY CAKE RIDGE RD 108460102170 1 1 $350 $ 350 4546 JOHNNY CAKE RIDGE RD 108460004010 1 1 $350 $ 350 4550 JOHNNY CAKE RIDGE RD 108460004020 1 1 $350 $ 350 4554 JOHNNYCAKE RIDGE RD 109460004030 I 1 1 i $350 $ 350 4555 JOHNNY CAKE RIDGE RD 108460102180 1 1 i $350 $ 350 4558 JOHNNY CAKE RIDGE RD 108460004040 1 0.75 1 $350 $ 350 ........... - .......... ..... . . . .... . . ......... . ... Subtotal 9 0,75 $350 $ 3,150 Johnny Cake Ridge Road Public Facilities P.I.N. Parcels Front Unit Total I Footage p Assessment 4350 JOHNNY CAKE RIDGE RD (Oak Ridge 108445002010 1 742 $18,02 13,371 Elementry School) I Subtotal 1 1 742 $ 13,371 TOTAL 1- -2-112-55 R-1 9lots 1. R-3 18 units Public Facility I parcels 28 t=ow Johnny Cake Ridge Road (Cliff Road to Teal Cove) 12 Johnny Cake Ridge Road R-3 Residential P.I.N. Parcels Lot Equivalent Unit Assessment Total RIDGE 4440 JOHNNY CAKE RIDGE RD 108460201180 1 0.75 $350 $ 263 4442 JOHNNY CAKE RIDGE 108460201170 1 0,75 $350 $ 263 4444 JOHNNY CAKE RIDGE RD 109460201150 1 0.75 $350 $ 263 4446 JOHNNY CAKE RIDGE RD 109460201160 1 0.75 $350 $ 263 4448JOHNNY CAKE RIDGE RD 108460201140 1 0.75 1 $350 $ 263 4450JOHNNY CAKE RIDGE RD 208460201130 1 0.75 $350 $ 263 4452 JOHNNY CAKE RIDGE RD 108460201110 1 0.75 $350 $ 263 4454 JOHNNY CAKE RIDGE RE) 108460201120 1 0.75 $350 $ 263 4456 JOHNNY CAKE RIDGE RD 108460201100 1 0.75 1 $350 $ 263 4458 JOHNNY CAKE RIDGE RD 108460201090 1 0,75 $350 $ 263 4460 JOHNNY CAKE RIDGE RD -108460201070 1 0.75 $350 $ 263 4462 JOHNNY CAKE RIDGE RD 108460201080 1 0.75 $350 $ 263 4464 JOHNNY CAKE RIDGE RD 108460201060 1 0,75 $350 $ 263 4466 JOHNNY CAKE RIDGE RD 108460201050 1 6775 $350 $ 263 4469 JOHNNY CAKE RIDGE RD 109460201030 1 0.75 $350 $ 263 4470 JOHNNY NY CAKE RIDGE RD -108460201040 1 0.75 $350 $ 263 4472 JOHNNY CAKE RIDGE RD 108460201020 1 0.75 $350 $ 263 4474 JOHNNY CAKE RIDGE RD. 109460201010 1 0.75 $350 $ 263 18 J .13.5 4,734 Johnny Cake Ridge Road Public Facilities P.I.N. Parcels Front Unit Total I Footage p Assessment 4350 JOHNNY CAKE RIDGE RD (Oak Ridge 108445002010 1 742 $18,02 13,371 Elementry School) I Subtotal 1 1 742 $ 13,371 TOTAL 1- -2-112-55 R-1 9lots 1. R-3 18 units Public Facility I parcels 28 t=ow Johnny Cake Ridge Road (Cliff Road to Teal Cove) 12 Residential Frontage 866 13.4% Public Facility Frontage 742 11.5% Non-AssessableFrontage 4852 75.1% Total Frontage 6460 100.01YO .Johnny Cake Ridge Road (Cliff Road to Teal Cove) 13 wal Johnny Ridge Road i . 77 y A ENDOTA HEIGHTS 1-494 .�,�=:E ui z V H z m 100' ROW 44' F -F TYPICAL 4"-6112"EXIST. BITUMINOUS .EXIST 6"-12" AGG. BASE EXIST. TYPICAL SECTION 100' ROW 44' F -F TYPICAL FULL WIDTH MILL. 2" TYPE 2360 WEAR COURSE 7BITUMINOUS OVERLAY BITUMINOUS TACK COAT ?" EXIST. BITUMINOUS ". 6"-12" AGG. BASE EXIST. 8618 CURB & GUTTER REMOVE & REPLACE EXIST. B618 CURB & GUTTER, AS DIRECTED BY THE ENGINEER Z 354 Johnny Cake Ridge Road Typical Sections - Project 1192 Engineering Department Fig. 3 Agenda Information Memo January 5, 2016 Eagan City Council Meeting PUBLIC HEARING E. Project 1193, Denmark Avenue / Timbershore 1St — 4th Additions / Pilot Knob Heights 4th & 5th Additions Street Improvements Action To Be Considered: Continue the public hearing for Project 1193 (Denmark Avenue / Timbershore 1St — 4th Additions / Pilot Knob Heights - Street Improvements) to be held on January 19, 2016. Facts: ➢ On June 2, 2015, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Denmark Avenue and the streets of Timbershore 1St — 4th Additions and Pilot Knob Heights 4th & 5th Additions, a collector street and two residential neighborhoods in central Eagan located north of Wescott Road and east of I -35E. ➢ A structural mill and overlay of the streets within these neighborhoods is programmed for 2016 in the City of Eagan's 5 -Year CIP (2016-2020). ➢ A draft Feasibility Report was prepared and presented to the Council for their consideration of scheduling a public hearing for January 5, 2016. ➢ Said January 5 Public Hearing is being continued to January 19, 2016, to allow more time for neighborhood communication in consideration of proposed traffic control signage modifications. ➢ An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing, on January 11, to review and discuss the proposed improvements. Attachments (1) PHE-1 Location Map Agenda Information Memo January 5, 2016, Eagan City Council Meeting OLD BUSINESS A. Conditional Use Permit — Keith Hurley/Nitti Sanitation Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ This item was before the City Council on November 2, 2015. The Council continued the request and requested that the applicant provide a more detailed Site Plan. ➢ The revised Site Plan is attached and identifies items to be stored in each area, shows the public utilities and easements, as well as required access lanes. ➢ City Engineering, Planning and Fire Dept. staff has reviewed the revised plan and find it acceptable with the stipulation that visual markings be added to the pavement to delineate the storage areas. ➢ The site is presently occupied by a 9,400 SF building that was constructed in 2000. ➢ The property is zoned 1-1 (Limited Industrial) with similar uses to the north, east and south. To the west is a railroad right-of-way, the Minnesota River and Fort Snelling State Park. ➢ 1999 CUP allowed outdoor storage of empty roll -off containers along south side of the property. Portable toilet storage was allowed on the north end of the site. ➢ This new CUP is proposed to better meet current occupants' needs. ➢ A site visit revealed current operations that suggest the type and extent of outdoor storage exceeds the capacity of the site. ➢ Conditions require a detailed Site Plan identifying the type and amount of outdoor storage, restriping of parking stalls, pavement markings on the site to contain storage, and improvements to storm water management to separate and capture debris and contaminants from storm water runoff, as well as the execution of a storm water maintenance agreement. ➢ Additional conditions prohibit storage items from restricting access to hydrants or obstructing the access easement to the lift station and that required permits and inspections be obtained for the fuel tank. ➢ A public hearing was held at the October 27, 2015 Advisory Planning Commission meeting and the APC did recommend approval. Issues: • The APC expressed concern over past non-compliance with the existing CUP and they also stated that redefining the outdoor storage and site layout with this new CUP presents an opportunity for the property to operate within compliance. • Following submittal of the revised site plan, the conditions of approval have also been revised and are attached for the Council's consideration. 60 -Day Agency Action Deadline: ➢ Extended to January 14, 2016 Attachments: (7) OBA-1 Location Map OBA-2 Revised Site Plan dated 12-21-15 OBA-3 Revised Conditions of CUP Approval OBA-4 October 27, 2015 APC Minutes OBA-5 November 2, 2015 City Council Minutes OBA-6 Planning Report OBA-7 Report Exhibits gt+ ) el � ' & a � � @ . q . \�\ nmo a # \ t§ƒ a v . P -P t-=b0o ol §U Ei " o _2 \/ mak/ « � 7§ gt+ r ) el � & \ � ) ) . ) ) a # \ _ a v . r \/ & e e IE ) el � & \ ) ) ) ) � # \ _ a v . Ei \/ « \/ & e e IE a_. � - :�� °� ` � �� \��\� \� �.\�� 'J�� w®Z� » 2\ :��J«`^mak\ _§ \�$ ��«G.� ��\�\\ ��/. . \\ t. %<\&� yR\�\ . . Rn t 4z \ \ \ \ � l LU ®V®a � 3.Af51AS. t�L 99 9S NN Sp� ea 8 s o c> �z °Qm c>n ti. w re \ � O \ I \10 S € PooJ r � t�L 99 9S NN Sp� ea 8 s o c> �z °Qm c>n �7y z c »may•` u h apU o WW}L Ftp = v 169 o L avow 83a1' VX31V t�t� gg Q az L h apU o WW}L Ftp = v og al < .R Fa „dai .g z'' d5 f�E- tv- `�T. Ss` 'H M gsg�ey�ayA UI 8 a" ka 'HIM I g�F \ !I SY�pS 88a e.SoX :i$�a i£�;e�ga��€3�$g�gw�= ^sg£ a I3�'�3es8zs�^=8 Dear, City Staff, Eagan Planning Commission and Eagan City Council I am addressing the question from a letter received September 21, 2015. Questions were raised about our above ground fuel tank situated at the southeast corner of our building. Each night Monday through Friday a fueling company comes into our lot to fuel each of our forty trucks. Every weekend we have trucks that need to be filled off of this tank and occasionally during the week some trucks get accidently missed and others may be locked inside our garage overnight. The tank is only 500 gallons and not used every day but vital to our not having trucks running out of fuel from day to day. Questions have been raised about the separation of contamination from the storm water. We are currently working with Nick from Rehder and Associates and Keith from Dahn Excavating to find the best solution for separating out contaminates from the storm water before it reaches the holding pond. We have also been in contact with Gregg Thompson from the City of Eagan to make sure that our solution to this problem is something that will satisfy the expectations of the city. I will update this question as soon as a permanent solution is reached. Sincerely, Robert Nitti President Nitti Sanitation Inc 1725 Meadvwview JK Eagan, Mir 55121 phone: 551.457 7407 Paw 851-505.7782 Preferred Properties, Inco 1725 Meadowview Road Eagan, MN 55121 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Pamela Dudziak Re: Conditional Use Permit 08 -CU -08-09-15 - Additional Detail Ms. Dudziak, The following a more detailed explanation per your request. Storage: Up to 50 pallets of miscellaneous siding material; delivered by semi truck. It is distribut- ed to jobsites as needed. The max height is 8' which is the height of the fence. Construction trash chutes and scaffolding, i.e. ladders, planks, pole jacks as well as 4 forklifts and 7 man -lifts from time to time. Scaffolding is delivered to jobsites as needed and stored offsite during duration of each job. One forklift is onsite at all times as it is necessary to move pallets and miscellaneous about the yard. Outdoor Screening/Storage: Screening for the chain link fence has been ordered and will be in- stalled once it is delivered. I am confident it will be complete by mid October. 1999 Site Plan: This plan shows a 20' access easement for the lift station; we would like to keep this as is. Keith W. Hurley Vice President 9/29/2015 Preferred Properties, Inc® 1725 Meadowv ew Road Eagan, MN 55121 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Pamela Dudziak Re: Renewal of C.U.P. Ms. Dudziak, It has come to our attention that we are in need of an updated C.U.P. to include storage of our con- struction equipment and material. Approximately seven years ago, then tenant, Action Portable Toilet moved out and Preferred Prop- erties moved in. Preferred Properties is a commercial exterior cladding company and house con- struction equipment (forklift, man -lift and scaffolding) and material (assorted types of siding, pal- lets of sheet metal, etc.). We were unaware of the need to update the C.U.P. Lightning Disposal/Nitti Sanitation are also tenants in this building and also need to update the C.U.P to include a 500 gallon diesel tank. We would like to apply for a new C.U.P. to include storage of our construction equipment and ma- terials for Preferred Properties and storage of a 500 gallon diesel double walled tank for Lightning Disposal/Nitti Sanitation. Thank you for your consideration. Sincerely, Keith W. Hurley Vice President 8/31/2015 I ko ail N5 Nitti CUP — Conditions of Approval (revised for Jan. 5, 2016 City Council) Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 2. The applicant shall include an appropriately sized and designed, privately owned and maintained, storm sewer structure to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. Details shall be included in applicable plan sheet(s). The design and location of the structure shall be approved by the City Engineer, and the system shall be installed and operational by June 1, 2016. 3. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 4. The applicant shall provide the City Engineer as -built plans that demonstrate that all modified and constructed stormwater structures/facilities (including conveyance) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 5. The owner shall maintain all paved surfaces in good condition. 6. A detailed Site Plan shall be submitted prior to Conditional Use Permit issuance. 7. The plan shall depict the site layout, all drainage and utility easements, the City access easement, and all public utilities on the site. 8. , Outdoor storage shall not restrict access to any storm sewer or sanitary sewer manholes, or fire hydrants. Direct access to the fire hydrant must be maintained free of obstruction, and allow for a minimum 20' drive aisle for trucks. 9. Required vehicle parking shall be as designated on the approved revised Site Plan. Parking stall striping shall be repainted on the pavement, and the area shall be reserved for employee and visitor passenger vehicle parking. Outdoor storage of commercial vehicles associated with the occupants of the building shall not be located in the required parking areas. Planning Report — Nitti Sanitation October 27, 2015 Page 2 10. The applicant shall submit a revised Site Plan that depicts outside storage as follows: a) North area: Storage of only construction materials (scaffolding, siding, lumber and similar related items) and equipment, not to exceed 4 forklifts and 7 man lifts. These items shall be confined to the outside storage are depicted on the revised Site Plan and within the northerly 45' of the property, maintaining the required 20' drive aisle around the north side of the building. b) South area: Empty roll -off containers and trash hauling trucks, not to exceed a combined total of 32 roll -off containers and trucks. The south storage area shall maintain the utility access easement free of obstructions at all time. c) Western edge of site: Empty residential trash cans and 10 -yard Dumpsters to be encompassed within 15' of the curb (even with the western edge of the building) and shall be contained so as not to obstruct the utility access easement, access to the storm sewer or sanitary manholes, or access to the fire hydrant. 11. All outside storage shall not exceed 8 feet in height, and shall be maintained in an orderly fashion. 12. A minimum 20' drive aisle adjacent to the north side of the building must be maintained clear of storage and parked vehicles. 13. The owner shall install mesh fabric screening on the existing fence by June 30, 2016. The mesh screening fabric shall be kept in premium condition and replacement of the mesh fabric cover shall occur immediately if it falls into disrepair. Details of the proposed mesh screen shall be provided to City staff prior to installation. 14. The landscaping shall be replanted and restored in accordance with the approved Landscape Plan. Restoration includes removal of weeds and replanting of dead or missing landscape plants. New landscaping shall be installed by June 30, 2016, and measures taken to establish a regular maintenance plan to ensure healthy plants over time. 15. The applicant/owner shall provide a $7,500 financial guarantee that will be released two years after the installation of the approved landscaping. 16. At least the northerly 20' of the 30' City access easement for the lift station shall be kept clear of vehicle parking and outdoor storage at all times as shown on the Site Plan dated December 21, 2015. 17. Cleaning of trash containers, roll -offs and other equipment shall be done inside the building and not outdoors. 18. Trash containers serving the occupants of the building shall be stored within the principal building as noted on the approved revised Site Plan. Planning Report — Nitti Sanitation October 27, 2015 Page 3 19. The applicant shall obtain a mechanical permit for the fuel tank and required inspections to ensure compliance with the Fire Codes, including the installation of bollards if required by the Fire Code. The permit must be obtained and satisfactorily inspected prior to the release of the Conditional Use Permit for recording. 20. Outdoor storage areas shall be visually delineated by pavement markings to contain the storage and keep required easements and emergency access paths open and free of obstruction. 21. Engineering and Planning staff shall be provided an opportunity to review the proposed delineation of the pavement markings at least five (5) days prior to the actual application. A, .2'2. New pavement markings, including restriping of parking stalls, shall be completed by June 1, 2016. Such markings shall be repainted every two years, or as necessary to maintain the markings in good condition. Advisory Planning Commission October 27, 2015 Page 6 of 9 C. Nitti Sanitation Applicant Name: Keith Hurley, Nitti Sanitation Location: 1725 Meadow View Rd; Lot 1, Block 1, Tyler Jay Addition Application: Conditional Use Permit A Conditional Use Permit for outdoor storage and an above ground fuel tank. File Number: 08 -CU -08-09-15 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 21, 2015. She also stated that the applicant was unable to make the meeting. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Discussion among commission members and staff occurred regarding stormwater runoff, the conditions of approval and past zoning enforcement efforts on the site. There was commission consensus on adding two additional conditions of approval. After the motion was made, members Piper and Sagstetter stated they would like to allow the use provided the applicant can meet all of the conditions of approval. Member Sagstetter moved, Member Piper seconded a motion to recommend approval a Conditional Use Permit to allow outdoor storage of construction materials and an above ground fuel tank, subject to the following conditions: Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 2. The applicant shall include an appropriately sized and designed, privately owned and maintained, storm sewer structure to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. Details shall be included in applicable plan sheet(s). The design and location of the structure shall be approved by the City Engineer, and the system shall be installed and operational by June 1, 2016. 3. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 4. The applicant shall provide the City Engineer as -built plans that demonstrate that all modified and constructed stormwater structures/facilities (including conveyance) conform to design and/or construction plans, as approved by the City. The applicant Advisory Planning Commission October 27, 2015 Page 7 of 9 shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 5. The owner shall maintain all paved surfaces in good condition. 6. A detailed Site Plan shall be submitted prior to Conditional Use Permit issuance. 7. The plan shall depict the site layout, all drainage and utility easements, the City access easement, and all public utilities on the site. 8. No outdoor storage shall occur upon the City access easement, over or restricting access to any storm sewer or sanitary sewer manholes, or restricting access to fire hydrants. Direct access to the fire hydrant must be maintained free of obstruction, and allow for a minimum 20' drive aisle for trucks. 9. Required vehicle parking shall be as designated on the approved revised Site Plan. Parking stall striping shall be repainted on the pavement, and the area shall be reserved for employee and visitor passenger vehicle parking. Outdoor storage of commercial vehicles associated with the occupants of the building shall not be located in the required parking areas. 10. The applicant shall submit a revised Site Plan that depicts outside storage as follows: a) North area: Storage of only construction materials (scaffolding, siding, lumber and similar related items) and equipment, not to exceed 4 forklifts and 7 man lifts. These items shall be confined to the outside storage are depicted on the revised Site Plan and within the northerly 45' of the property, maintaining the required 20' drive aisle around the north side of the building. b) South area: Empty roll -off containers and trash hauling trucks, not to exceed a combined total of 32 roll -off containers and trucks. The south storage area shall maintain the utility access easement free of obstructions at all time. C) Western edge of site: Empty residential trash cans and 10 -yard Dumpsters to be encompassed within 15' of the curb (even with the western edge of the building) and shall be contained so as not to obstruct the utility access easement, access to the storm sewer or sanitary manholes, or access to the fire hydrant. 11. All outside storage shall not exceed 8 feet in height, and shall be maintained in an orderly fashion. 12. A minimum 20' drive aisle adjacent to the north side of the building must be maintained clear of storage and parked vehicles. 13. The owner shall install mesh fabric screening on the existing fence. The mesh screening fabric shall be kept in premium condition and replacement of the mesh fabric Advisory Planning Commission October 27, 2015 Page 8 of 9 cover shall occur immediately if it falls into disrepair. Details of the proposed mesh screen shall be provided to City staff prior to installation. 14. The landscaping shall be replanted and restored in accordance with the approved Landscape Plan. Restoration includes removal of weeds and replanting of dead or missing landscape plants. New landscaping shall be installed by June 30, 2016, and measures taken to establish a regular maintenance plan to ensure healthy plants over time. 15. The applicant/owner shall provide a $7,500 financial guarantee that will be released two years after the installation of the approved landscaping. 16. The 20' access easement for the lift station shall be kept clear of vehicle parking and outdoor storage at all times. 17. Cleaning of trash containers, roll -offs and other equipment shall be done inside the building and not outdoors. 18. Trash containers serving the occupants of the building shall be stored within the principal building as noted on the approved revised Site Plan. 19. The applicant shall obtain a mechanical permit for the fuel tank and required inspections to ensure compliance with the Fire Codes, including the installation of bollards if required by the Fire Code. The permit must be obtained and satisfactorily inspected prior to the release of the Conditional Use Permit for recording. 20. The applicant/property owner shall allow staff on site for periodic inspections to ensure the conditions of approval are being met. 21. Approval of the current CUP request will terminate and supersede any previous CUP's issued for the subject site. Motion carried 6-1 (Dierkes). City Council Meeting Minutes November 2, 2015 Pgs. 5-6 Conditional Use Permit — Keith Hurley/Nitti Sanitation City Administrator Osberg noted the site is presently occupied by a 9,400 sq. ft. building that was constructed in 2000. The Council is being asked to approve a Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road. City Planner Ridley gave a staff report and provided a site map. Bob Nitti and Keith Hurley, the applicants, were available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the conditional use permit request. The Council expressed concern over past non- compliance with the existing Conditional Use Permit. Councilmember Hansen commented on concerns raised by staff on how the extent of outdoor storage presently occurring on the property is excessive and not consistent with the storage represented on the proposed Site Plan. After further discussion the Council agreed before approval of the Conditional Use Permit they want to see the revised site plan and suggested the item be continued to a future Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road, to the November 30, 2015 City Council meeting. Aye: 4 Nay: 0 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 2015 APPLICANT: Keith Hurley PROPERTY OWNER: Nitti Sanitation REQUEST: Conditional Use Permit LOCATION: 1725 Meadow View Road CASE: 08 -CU -08-09-15 HEARING DATE: October 21, 2015 APPLICATION DATE: Sept. 16, 2015 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: 1- 1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of construction materials and an above ground fuel tank upon property located at 1725 Meadow View Road, legally described as Lot 1, Block 1, Tyler Jay Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Nitti Sanitation October 27, 2015 Paee 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in April of 2000 and the building was constructed later that same year. A Conditional Use Permit was issued to the property in December 1999 allowing outdoor storage of empty roll -off containers for a trash hauler tenant, Lightning Roll Off Service, and outdoor storage of portable toilets for tenant Action Portable Service. Lightning Disposal/Nitti Sanitation occupies the southerly portion of the building and continues the outdoor storage on the property. Preferred Properties, a commercial exterior cladding company, now occupies the tenant space that formerly belonged to Action Portable Services on the north end of the building. Preferred Properties has outdoor storage of construction materials associated with that business. It came to the City's attention that the property was out of compliance with the existing CUP and the owner was advised that a new CUP would be needed to incorporate the above ground fuel tank that had been added to the site, and outdoor storage of construction materials associated with the new tenant. Previous zoning enforcement actions have occurred on the subject site to address type of storage, amount of storage and debris in and around the two storm water drains. The applicant and owner are seeking approval of a new CUP that encompasses their current needs. Planning Report — Nitti Sanitation October 27, 2015 Paae 3 EXISTING CONDITIONS The site is developed with an existing 9,400 s.f. building. The existing building and parking lot were constructed with development of the site. The building is connected to City sewer and water services. Standard drainage and utility easements are located around the perimeter of the property, a 60 foot wide drainage and utility easement is located along the southern side of the property over existing public water main, storm sewer, and sanitary sewer lines, and an access easement runs through the southern portion of the parking lot to provide access to a sanitary sewer lift station immediately west. A driveway provides access onto Meadow View Road. A rail road, owned by Union Pacific Rail Road Co., borders the property to the west. The Minnesota River is located west of the rail road. `t ' A site visit was conducted side of the property, the City easement was blocked by equipment storage at the west edge of the property, no bollards or other protective measures were present be around the fuel tank, storage of smaller trash cans and Dumpsters extended beyond the area defined on the Site Plan, a sanitation truck was parked in the area designated for required parking, and the vehicle parking was occurring adjacent to the building. following submittal of the CUP application. The outdoor storage observed on the site is beyond what is proposed on the submitted Site Plan, as well as what was approved with the 1999 CUP. Trucks associated with Nitti Sanitation were being stored along the south The outside storage on the north end of the property contained a variety of construction materials and equipment, and the storage appeared haphazard. A Trash Dumpster apparently serving the building occupants was located outside at the northeast corner of the building and not within an enclosure. Much of the site Planning Report — Nitti Sanitation October 27, 2015 Page 4 landscaping is damaged, unhealthy or no longer present. Landscape beds at the site entrance are overgrown with weeds. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The proposed Site Plan identifies three areas of outdoor storage plus the above ground fuel tank. Preferred Properties proposes outdoor storage of construction materials and equipment on the north end of the site. Such storage includes "up to 50 pallets of miscellaneous siding material." Other items proposed to be stored outside include "construction trash chutes, scaffolding, i.e. ladders, planks, pole jacks as well as 4 forklifts and 7 man -lifts." All items are limited to a maximum height of 8', which is the height of the fence that surrounds the property. The siding materials, scaffolding, trash chutes are distributed to job sites as needed. "One forklift is onsite at all times ... to move pallets and miscellaneous about the yard." The 1999 CUP approved outdoor storage of empty roll -off containers associated with Nitti Sanitation/Lightning Disposal. The submitted narrative indicates that the trash hauler continues to occupy the building "and also need to update the C.U.P to include a 500 gallon diesel tank." The above ground fuel tank is present on the property and was installed without a permit. The diesel tank is used by both businesses. The fuel tank is addressed elsewhere in this report. Over the years, the outdoor storage has come to include smaller residential trash containers and Dumpsters, and the fleet of trucks, which the narrative identifies number 40. The existing CUP does not provide for outdoor storage of these items. The outdoor storage of items other than empty roll -off containers is a violation of the approved CUP. Therefore, expansion of the CUP to include the trucks and residential trash containers is encompassed in the present request. Staff is concerned that the extent of outdoor storage presently occurring on the property is excessive and not consistent with the storage represented on the proposed Site Plan. The Site Plan shows a site layout that is largely consistent with the performance standards in City Code. However, current site operations suggest the type and extent of outdoor storage currently on the property exceeds the capacity of the site. Staff is skeptical that the amount of storage and operation of the site can be brought into conformance with the proposed Site Plan. Existing Use Zoning Land Use Designation North Storage I-1, Limited Industrial IND, Limited Industrial South Warehouse/Distribution I-1, Limited Industrial IND, Limited Industrial East Storage/parking 1-1, Limited Industrial IND, Limited Industrial West Railroad, Fort Snelling State Park P, Park and Floodway P, Park, Open Space & Recreation EVALUATION OF REQUEST Proposal — The proposed Site Plan identifies three areas of outdoor storage plus the above ground fuel tank. Preferred Properties proposes outdoor storage of construction materials and equipment on the north end of the site. Such storage includes "up to 50 pallets of miscellaneous siding material." Other items proposed to be stored outside include "construction trash chutes, scaffolding, i.e. ladders, planks, pole jacks as well as 4 forklifts and 7 man -lifts." All items are limited to a maximum height of 8', which is the height of the fence that surrounds the property. The siding materials, scaffolding, trash chutes are distributed to job sites as needed. "One forklift is onsite at all times ... to move pallets and miscellaneous about the yard." The 1999 CUP approved outdoor storage of empty roll -off containers associated with Nitti Sanitation/Lightning Disposal. The submitted narrative indicates that the trash hauler continues to occupy the building "and also need to update the C.U.P to include a 500 gallon diesel tank." The above ground fuel tank is present on the property and was installed without a permit. The diesel tank is used by both businesses. The fuel tank is addressed elsewhere in this report. Over the years, the outdoor storage has come to include smaller residential trash containers and Dumpsters, and the fleet of trucks, which the narrative identifies number 40. The existing CUP does not provide for outdoor storage of these items. The outdoor storage of items other than empty roll -off containers is a violation of the approved CUP. Therefore, expansion of the CUP to include the trucks and residential trash containers is encompassed in the present request. Staff is concerned that the extent of outdoor storage presently occurring on the property is excessive and not consistent with the storage represented on the proposed Site Plan. The Site Plan shows a site layout that is largely consistent with the performance standards in City Code. However, current site operations suggest the type and extent of outdoor storage currently on the property exceeds the capacity of the site. Staff is skeptical that the amount of storage and operation of the site can be brought into conformance with the proposed Site Plan. Planning Report — Nitti Sanitation October 27, 2015 Compatibility with Surrounding Area — Limited Industrial zoning allows outdoor storage with a Conditional Use Permit. The site is located in an industrial zoning district and surrounded by other industrial properties on three sides. To the west is undeveloped park land and a railroad right-of-way. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The current noise policy contours place this site within the buffer zone of Noise Zone 4. The Met Council's land use compatibility guidelines industrial uses to be compatible in this zone. Trash Storage — The proposed Site Plan identifies "garbage to be stored indoors." Therefore, any trash containers serving the occupants of the building shall be kept inside the building. Building Address Numbers — Building address numbers should be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. Landscaping No new landscaping is proposed; however, a recent site visit revealed much of the site landscaping is unhealthy, damaged or missing. The property was landscaped with the initial site development, and there is an approved Landscape Plan on file with the City. The landscaping should be restored to the condition in accordance with the Landscape Plan. Restoration includes removal of weeds and replanting of dead or missing landscape plants. The landscape restoration should be completed by June 30, 2016. Tree Preservation — Tree preservation is not applicable to this proposal. No trees are proposed to be removed. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Stormwater Management/Water Quality — The applicant proposes outdoor storage for construction equipment and materials (Preferred Properties) and also outdoor storage of a 500 gallon diesel double walled tank (Lightning Disposal/Nitti Sanitation). Because this site has business activities and outdoor equipment storage (for Lightning Disposal/Nitti Sanitation operations) there is a high potential for oil pollution (and has had a past Planning Report — Nitti Sanitation October 27, 2015 Paae 6 illicit discharge violation) into the public storm system and the site's direct connection/discharge into Gravel Pit Lake, the site should provide effective oil and sediment removal prior to discharge into the public storm system. The applicant's proposal does not currently include oil or sediment removal. The applicant should include an appropriately sized and designed, privately owned and maintained, storm sewer structure to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. The design and location of the structure should be approved by the City Engineer. Because the storm sewer structure will be permanent, it should be inspected and maintained on an ongoing basis to function properly. Since it will be located on private property and privately maintained, the City should have legal assurances that the necessary maintenance will be performed to ensure proper functionality. Therefore, the landowner should enter into a long-term maintenance agreement with the City, in a form acceptable to the City Attorney. The applicant should also provide a certification that the structure and conveyance system were installed according to the construction plans approved by the City Engineer. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Streets/ Access/ Circulation — Public street access will remain unchanged at the existing location onto Meadow View Road. Storage Area — The existing site proposed for outdoor storage is currently comprised of an asphalt parking lot surrounded by concrete curb and gutter. Bituminous asphalt is the most widely used surfacing material to accomplish this requirement and is required for outdoor storage areas. The owner should maintain all paved surfaces in good condition. A detailed Site Plan should be submitted prior to Conditional Use Permit issuance. The plan should accurately depict the site layout, all drainage and utility easements, the City access easement, and all public utilities on the site. No outdoor storage should occur upon the City access easement, over or restricting access to any storm sewer or sanitary sewer manholes, or restricting access to fire hydrants. Direct access to the fire hydrant must be maintained free of obstruction, and allow for a minimum 20' drive aisle for trucks. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) Planning Report — Nitti Sanitation October 27, 2015 Page 7 zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I--1) and general industrial (I--2) zoning districts, the enclosure may be detached from the principal building. There is an existing fence around the property, with a gate at the driveway entrance. The fence provides full enclosure of the property and encompasses all of the proposed storage areas. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage areas are located in the side yards north and south of the building. This is consistent with the prior CUP approval for outside storage. The proposed storage areas maintain adequate access to the parking areas east and south of the building, and also to the overhead doors on the east and north sides of the building. As mentioned in the description of Existing Conditions, storage is currently occurring in the areas designated for parking on the Site Plan. Parking stalls should be used for employee and visitor passenger vehicle parking only. Parking stalls should be restriped so they are easily identifiable, and to keep the storage from occupying the designated parking stalls. The limits of the storage area shall also be identified on the pavement to contain the storage and prevent storage from encroaching into or obstructing the designated drive aisles. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The applicant proposes to install mesh screening to the existing fence. Mesh screening has been used in similar situations within the I-1 zoning district. The mesh screening fabric should be kept in premium condition, and replacement of the mesh fabric cover should occur immediately if it falls into disrepair. Details of the proposed mesh screen should be provided to City staff prior to installation. The site was landscaped with initial development, although much of the landscaping is no longer present or healthy. It is the property owner's responsibility to maintain the landscaping over time. The landscaped areas should be replanted and restored in compliance with the approved Landscape Plan and the standard $7,500 landscape guarantee should be provided to the City. New landscaping should be installed by June 30, 2016, and measures taken to establish a regular maintenance plan to ensure healthy plants over time. Planning Report — Nitti Sanitation October 27, 2015 Paee 8 d. The storage area shall not interfere with any pedestrian or vehicular movement. and e. The storage area shall not take up required parking spaces or landscaping areas. Confined to the locations indicated on the Site Plan, storage does not conflict with pedestrian or vehicular movement. The proposed northerly storage area does occupy two designated parking stalls. A site visit revealed very little similarity between the Site Plan submitted and actual activities on the site. The Site Plan provides for 19 parking stalls, and these stalls should be kept free of outdoor storage. Aerial photos and the site visit indicate storage has been occurring in designated parking areas. Staff is skeptical that parking stalls will be kept free of outdoor storage and truck parking, given the way in which the site is currently being utilized. Extra measures such as pavement markings should be employed to ensure that the storage does not expand beyond the designated storage areas as shown on the Site Plan. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The storage area is surfaced with bituminous asphalt. The owner should maintain all paved surfaces in good condition. Fuel Tank — An above ground diesel fuel tank is exists at the southeast corner of the building. It is a 500 gallon tank, and the submitted narrative explains that the fleet of 40 trucks is fueled on site by a fueling company. The proposed on-site fuel tank supplements the fueling service, and provides fuel for any vehicles that might get missed accidentally, or which may be parked inside the building and not accessible for fueling by the fueling service. The narrative explains that the tank is "vital to our not having trucks running out of fuel from day to ay. The proposed fuel tank, is located in the side yard adjacent to the building, and meets principal structure setbacks. It does not take up required landscaping, and is not in conflict with parking or vehicular or pedestrian movement. The applicant should obtain a mechanical permit for the fuel tank and required inspections to ensure compliance with Fire Codes. The permit should be obtained and satisfactorily inspected prior to release of the Conditional Use Permit for recording. Financial Obli ag tion — At this time, there are no pending assessments on the parcel. Planning Report — Nitti Sanitation October 27, 2015 Page 9 Parks and Recreation — Park and trail dedications were previously satisfied. SUMMARY/CONCLUSION The owner is requesting approval of a new Conditional Use Permit allowing outdoor storage and an above ground fuel tank on the property. The site is currently out of compliance with the 1999 Conditional Use Permit and the new CUP is requested to meet the tenants' current needs. While the proposed Site Plan is largely consistent with the performance standards in City Code, current site operations suggest the type and extent of outdoor storage currently on the property exceeds the capacity of the site. Staff is skeptical that the amount of storage and operation of the site can be brought into conformance with the proposed Site Plan. The suggested conditions of approval require changes to the current operations on the property to maintain easements and access the fire hydrant free of obstructions, as well as improvements to better manage storm water, and restore damaged and dead landscaping. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage and an above ground fuel tank upon property located at 1725 Meadow View Road, legally described as Lot 1, Block 1, Tyler Jay Addition. If approved, the following conditions shall apply: Building address numbers shall be reviewed for consistency with the standards in Section 2.78 of City Code, and new address number signs installed if necessary to achieve compliance. 2. The applicant shall include an appropriately sized and designed, privately owned and maintained, storm sewer structure to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. Details shall be included in applicable plan sheet(s). The design and location of the structure shall be approved by the City Engineer, and the system shall be installed and operational by June 1, 2016. 3. The property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 4. The applicant shall provide the City Engineer as -built plans that demonstrate that all modified and constructed stormwater structures/facilities (including conveyance) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the Planning Report — Nitti Sanitation October 27, 2015 Page 10 City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 5. The owner shall maintain all paved surfaces in good condition. 6. A detailed Site Plan shall be submitted prior to Conditional Use Permit issuance. 7. The plan shall depict the site layout, all drainage and utility easements, the City access easement, and all public utilities on the site. 8. No outdoor storage shall occur upon the City access easement, over or restricting access to any storm sewer or sanitary sewer manholes, or restricting access to fire hydrants. Direct access to the fire hydrant must be maintained free of obstruction, and allow for a minimum 20' drive aisle for trucks. 9. Required vehicle parking shall be as designated on the approved revised Site Plan. Parking stall striping shall be repainted on the pavement, and the area shall be reserved for employee and visitor passenger vehicle parking. Outdoor storage of commercial vehicles associated with the occupants of the building shall not be located in the required parking areas. 10. The applicant shall submit a revised Site Plan that depicts outside storage as follows: a) North area: Storage of only construction materials (scaffolding, siding, lumber and similar related items) and equipment, not to exceed 4 forklifts and 7 man lifts. These items shall be confined to the outside storage are depicted on the revised Site Plan and within the northerly 45' of the property, maintaining the required 20' drive aisle around the north side of the building. b) South area: Empty roll -off containers and trash hauling trucks, not to exceed a combined total of 32 roll -off containers and trucks. The south storage area shall maintain the utility access easement free of obstructions at all time. c) Western edge of site: Empty residential trash cans and 10 -yard Dumpsters to be encompassed within 15' of the curb (even with the western edge of the building) and shall be contained so as not to obstruct the utility access easement, access to the storm sewer or sanitary manholes, or access to the fire hydrant. 11. All outside storage shall not exceed 8 feet in height, and shall be maintained in an orderly fashion. 12. A minimum 20' drive aisle adjacent to the north side of the building must be maintained clear of storage and parked vehicles. Planning Report — Nitti Sanitation October 27, 2015 Paee 11 13. The owner shall install mesh fabric screening on the existing fence. The mesh screening fabric shall be kept in premium condition and replacement of the mesh fabric cover shall occur immediately if it falls into disrepair. Details of the proposed mesh screen shall be provided to City staff prior to installation. 14. The landscaping shall be replanted and restored in accordance with the approved Landscape Plan. Restoration includes removal of weeds and replanting of dead or missing landscape plants. New landscaping shall be installed by June 30, 2016, and measures taken to establish a regular maintenance plan to ensure healthy plants over time. 15. The applicant/owner shall provide a $7,500 financial guarantee that will be released two years after the installation of the approved landscaping. 16. The 20' access easement for the lift station shall be kept clear of vehicle parking and outdoor storage at all times. 17. Cleaning of trash containers, roll -offs and other equipment shall be done inside the building and not outdoors. 18. Trash containers serving the occupants of the building shall be stored within the principal building as noted on the approved revised Site Plan. 19. The applicant shall obtain a mechanical permit for the fuel tank and required inspections to ensure compliance with the Fire Codes, including the installation of bollards if required by the Fire Code. The permit must be obtained and satisfactorily inspected prior to the release of the Conditional Use Permit for recording. Fe -70 E CL Fr LO 0 . 16 cn m 0 0 900 a) U) ti cn U 0 C 0 , 0 0 E c; m C� j Z UE6 z (D 44 •• �� 17 U) a. w 0 Fe -70 C=) U- CD C� 0 . 16 a) U) ti cn U 0 C 0 , L- CD Z is C� UE6 •• �� Nisi �� o (D ILO CD . IN Fe -70 MaRtgnmag uw"m -Y, a 0o mm ma Ilrtlll'111 ,� C=) U- CD C� 0 . 16 a) U) ti cn U 0 C 0 , L- CD Z C� UE6 o (D ILO CD MaRtgnmag uw"m -Y, a 0o mm ma Ilrtlll'111 ,� <Az LL 0- 0 LO 0 0 LN 9 9 ME I� Q OMAAA MIHIM6 UN 094.. 1H ooq�p M W- W 0 0, ® L ovou 83ONVX31V 99 � 17 az R .9 0 u !Lj Q IA aH ea U-sil I In jR IA aH ea U-sil I In jR H M fil -H "al-imPii, fill Q2 I N W2 - s{5 SM Dear, City Staff, Eagan Planning Commission and Eagan City Council I am addressing the question from a letter received September 21, 2015. Questions were raised about our above ground fuel tank situated at the southeast corner of our building. Each night Monday through Friday a fueling company comes into our lot to fuel each of our forty trucks. Every weekend we have trucks that need to be filled off of this tank and occasionally during the week some trucks get accidently missed and others may be locked inside our garage overnight. The tank is only 500 gallons and not used every day but vital to our not having trucks running out of fuel from day to day. Questions have been raised about the separation of contamination from the storm water. We are currently working with Nick from Rehder and Associates and Keith from Dahn Excavating to find the best solution for separating out contaminates from the storm water before it reaches the holding pond. We have also been in contact with Gregg Thompson from the City of Eagan to make sure that our solution to this problem is something that will satisfy the expectations of the city.'I will update this question as soon as a permanent solution is reached. Sincerely, Robert Nitti President Nitti Sanitation Inc 1726 Mead wview ",."4wn, MV 66'121 phone: 651-457-7497 Par. 661-9064768 CEIVED 203 Preferred 1725 Meadowview Road Eagan., MN 55121 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Pamela Dudziak Re: Conditional Use Permit 08 -CU -08-09-15 - Additional Detail Ms. Dudziak, The following a more detailed explanation per your request. Storage: Up to 50 pallets of miscellaneous siding material; delivered by semi truck. It is distribut- ed to jobsites as needed. The max height is 8' which is the height of the fence. Construction trash chutes and scaffolding, i.e. ladders, planks, pole jacks as well as 4 forklifts and 7 man -lifts from time to time. Scaffolding is delivered to jobsites as needed and stored offsite during duration of each job. One forklift is onsite at all times as it is necessary to move pallets and miscellaneous about the yard. Outdoor Screenin /age: Screening for the chain link fence has been ordered and will be in- stalled once it is delivered. I am confident it will be complete by mid October. 1999 Site Plan: This plan shows a 20' access easement for the lift station; we would like to keep this as is. Keith W. Hurley Vice President m o 9/29/2015 ;;< Preferred Properties, 1725 Meadowview Road . Eagan, MN 55121 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Pamela Dudziak Re: Renewal of C.U.P. Ms. Dudzia.k, It has come to our attention that we are in need of an updated C.U.P. to include storage of our con- struction equipment and material. Approximately seven years ago, then tenant, Action Portable Toilet moved out and Preferred Prop- erties moved in. Preferred Properties is a commercial exterior cladding company and house con- struction equipment (forklift, man -lift and scaffolding) and material (assorted types of siding, pal- lets of sheet metal, etc.). We were unaware of the need to update the C.U.P. Lightning Disposal/Nitti Sanitation are also tenants in this building and also need to update the C.U.P to include a 500 gallon diesel tank. We would like to apply for a new C.U.P. to include storage of our construction equipment and ma- terials for Preferred Properties and storage of a 500 gallon diesel double walled tank for Lightning Disposal/Nitti Sanitation. Thank you for your consideration. Sincerely, Keith W. Furley Vice President 8/31/2015 1 Agenda Information Memo January 5, 2016, Eagan City Council Meeting OLD BUSINESS B. Reconsider CityVue Commons Conditions of Approval — At Home Apartments, LLC Action To Be Considered: To approve a Modification to the Conditions of Approval for the CityVue Commons Preliminary Planned Development. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The subject site is part of the CityVue Commons Development, which received Preliminary Planned Development approval on June 17, 2014. ➢ The applicant and the City agreed to conditions of approval (#78 and #79) that essentially held Lot 3 as a "proof of parking" option (if necessary) by restricting development of the lot until at least 15 months following the opening of the 10 - story apartment building. ➢ The applicant's narrative explains their request to have the City Council modify that condition of approval. 60 -Day Agency Action Deadline: N/A Attachments: (4) OBB-1 Location Map OBB-2 Approved Site Plan 01313-3 Excerpt of the June 17, 2014 Council minutes highlighting the subject conditions 01313-4 Applicant Narrative p o - o 9 y y C (Do L ^yo Y 0 O O V Q � ai ■ � ao 0 mo � 3 m C O Y m � U O a L a. J o 4a 00 Iq Iq g® � O m p o - o 9 y (Do L 0 °L O U N ao 0 mo � 3 N N U U C O Y m � O o Z 6 (Do L 0 N O U N �p � N � 3 N N U U C O Y m � O o J �oa g® � o LO rrnn --0 I °gym �----------- -- m , 55�m O gp6��m O ohm Omm-mss O gmm °gym rO Aa O rn nF�">m �m m PRG s nrl y (R z P D Fn Fn City Council Meeting Minutes June 17, 2014 10 page capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the pond and infiltration basin. Tree Preservation 72. The applicant shall fulfill tree mitigation requirements through the installation of sixty-eight (68) Category B equivalent trees. 73. The applicant shall work with City Forestry staff as grading and tree removal occurs. City Forestry staff will make final decisions concerning tree survivability and adjust tree mitigation requirements accordingly. 74. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical hoot Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 75. The applicant shall contact the City Forestry Division and set up a pre -construction site Inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 76. The development of Lot 3 (90 unit apartment complex) shall be responsible for a cash park dedication. No dedication is required for the remaining lots as park dedication was previously satisfied with original development. Lot 3 is responsible for the cash dedication, payable at the time of building permit at the rates then in effect. 77. Required trail dedication shall be fulfilled through the construction of walks and trails with public recreational and transportation benefits, as identified on the Site Plan. The construction of these walks and trails satisfies the trail dedication requirements and no additional cash payment shall be required. 78. Development of Lot 3 shall be delayed at least 15 months following the opening of the apartments on Lot 2. No development shall be permitted on Lot 3 until staff is satisfied that there is sufficient parking for Lot 2. If parking is deficient, additional parking shall be constructed and cross easements (in a form acceptable to the City Attorney) shall be prepared for cross parking. Development of Lot 3 shall be limited to accommodate parking for development of this lot. 79. Lot 3 shall be restricted to use as "proof of parking" to accommodate the parking needs for the other lots in the subdivision. Development of the lot for apartment use shall be allowed upon applicant establishing to the sole satisfaction of the City Council that parking on Lot 3 for the benefit of the other lots is unnecessary or that the proposed development can accommodate all the necessary parking per City Code. 80. Signage designating parking stalls for specific tenants shall be prohibited save for stall(s) signed for "food pick up" parking. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision (CityVue Commons) to create six lots upon approximately 10 acres generally located south of Yankee Doodle Road, north of Town Centre Drive and west of Lexington Avenue, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, C1, C2, C4, E1 and F1 2. The property shall be platted. atnhome The Right Home. The Right Neighborhood. December 22, 2015 City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Attn: Mayor Maguire Councilmember Bakken Councilmember Fields Councilmember Hansen Councilmember Tilley Re: CityVue Apartments - Request to Reconsider Condition 78 of Development Agreement Dear Mayor Maguire and Councilmembers: On behalf of CityVue Apartments, LLC, please accept this letter as our official request to the City Council to reconsider certain conditions outlined in the Preliminary Development Agreement by and between the City of Eagan (the "City), Yankee Doodle Commercial, LLC, a Minnesota limited liability company, CityVue Apartments, LLC, a Minnesota limited liability company ("CityVue") and Open Space LLC, a Delaware limited liability company dated June 17, 2014 (the "Development Agreement"). Specifically, our request is to reconsider condition no. 78, which states the following: "Development of Lot 3 shall be delayed at least 15 months following the opening of the apartments on Lot 2. No development shall be permitted on Lot 3 until staff is satisfied that there is sufficient parking for Lot 2. If parking is deficient, additional parking shall be construction and cross easements (in a form acceptable to the City Attorney) shall be prepared for cross parking. Development of Lot 3 shall be limited to accommodate parking for development of this lot." Our development team met with City staff on December 8, 2015 to express our desire to begin construction on Outlot A in May, 2016, ahead of the 15 month requirement mentioned above. Initial plans for Outlot A included the construction of an additional 90 apartment units with parking as a planned "Phase 2" to the apartment tower located on Lot 2. Condition no. 78 of the Development Agreement was negotiated as a compromise to allow CityVue to "prove out" its parking ratio of 1 to 1.3 cars per unit, which was a deviation from the City's general parking requirement of 2 parking spots per unit. 616 Lincoln Avenue I Saint Paul I Minnesota 1 55102 . :home at:n_ The Right Home, The Right Neighborhood. The current status of Outlot A is a vacant graded `field' with silt fencing on the perimeter; it has an unfinished appearance that does not benefit any party. We believe all parties, us as the Developer, the City, neighboring residents/businesses, and county property tax rolls would benefit by starting this project earlier than previously considered. As the Developer, a May 2016 start for construction allows us to take advantage of the currently low interest rate environment for construction loans, and allows for an ideal May 2017 opening - prospective residents prefer spring and summer move -ins. A successfully completed project benefits all parties, and allows the community to move past this construction phase earlier. Although interest rates and multifamily occupancy rates may remain favorable into 2018, waiting until that time may not be worth the risk. Recently, we met with Pete Keely, the principal of Collage Architects and chief architect who worked on CityVue Apartments, to review the preliminarily approved Phase 2 plan. After discussing how well CityVue Apartments has been received, and with the benefit of physically viewing the completed tower and ramp, it became clear that revising the plans would greatly benefit Phase 2 and the CityVue Apartments tower. Our first revision was to remove the surface parking lot associated with the initial Outlot A proposal. Doing so provides the project with a cleaner look and more green space for residents and neighbors alike. In order to accomplish look, and maintain adequate parking we would add onto the existing 2 -story parking ramp. The second revision introduces the concept of a swimming pool as a new amenity. Many current CityVue residents have expressed interest in having a swimming pool and it is our assumption that future Phase 2 residents would enjoy this amenity as well. By placing the shared swimming pool on the roof of the extended parking ramp we can create a true urban oasis on the rooftop of the parking ramp extension, while further increasing the overall green space of the project. The final improvement we are planning is a solar array on top of the existing parking ramp. Preserving substantial green space, removing the surface parking and installing one of the largest rooftop solar arrays in the area are significant steps toward creating a sustainable living model in Eagan. To help offset some of the increased costs of these proposed revisions, we are asking to increase the number of apartment units from 90 units to 106 units. Though we are proposing to increase the number of units, it is important to note that even with the increase; our revised proposed development would have far less impervious surfaces than the current plan. Further, to allay the City's parking concerns we are proposing to increase the parking stall count to 162 stall which results in a parking ratio of 1.5 spaces per apartment in Phase 2. This plan also increases the cumulative parking ratio of the two sites up to 1.4 spaces per apartment unit, as there would be cross easements between Lot 2 and Outlot A so that residents of both buildings could utilize the expanded parking ramp. . As of the date of this letter, CityVue Apartments (the tower) is 50% leased, with an average of 1.4 occupants per unit, utilizing 1.3 parking spots/per unit which is on track with the agreed to parking ratio of 1.3 to 1 for Lot 2. As stated above, the addition of Phase 2 increases the overall 616 Lincoln Avenue I Saint Paul I Minnesota 1 55102 Nothome atxm The Right Home, The Right Neighborhood. parking ratio for the two structures to 1.4 to 1. Although this proposal is an increase in parking ratio from our preferred parking ratio of 1.3 to 1, we are making this revision in an effort to alleviate the City's parking concerns, and with the hope this higher ratio will allow CityVue to commence construction on this improved Phase 2 plan earlier than what was initially called for in the Preliminary Development Agreement. With this letter, we respectfully ask to appear before the council to make a presentation for the re -consideration of condition 78 of the Development Agreement. We would like to be placed on the agenda for the upcoming January 51h council meeting. If you have any questions or comments, please contact Mike Cashill at 651-294-3280 or via email at mcashill(a),athomeapartments.com. You may also contact Leanna Stefaniak at 651-294- 3283 or via email at lstefaniak@athomeapartments.com. Thank you and we look forward to see you on January 5t". Happy Holidays, Michael E. Cashill Chief Manager, CityVue Apartments, LLC President, At Home Apartments, L.L.C. 616 Lincoln Avenue I Saint Paul I Minnesota 1 55102 Agenda Information Memo January 5, 2016, Eagan City Council Meeting NEW BUSINESS A. Planned Development Amendment and On -Sale and Sunday Liquor License — Cliff Lake Market Place/Troy DeWitt Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow on -sale liquor in conjunction with a Full Service restaurant and an outdoor patio located at 1965 Cliff Lake Road, subject to the conditions listed in the APC minutes and as amended. To approve the On -Sale and Sunday Liquor License for Twisted Brothers Eagan LLC doing business as Wyatt's Twisted Americana located at 1965 Cliff Lake Road, Suite 108. Required Vote For Approval: ➢ Majority of Council Members Present Facts: ➢ Cliff Lake Market Place is requesting approval of a Planned Development Amendment to allow on -sale liquor in conjunction with a full service restaurant. ➢ The subject site is an existing multi -tenant commercial building located at 1965 Cliff Lake Road. The tenant space is 3,100 SF. ➢ The site is guided and zoned for retail commercial and office uses. The former tenant was also a restaurant. ➢ The Planned Development acknowledges a parking deficiency given the amount of office use on the site. ➢ The proposal satisfies the location standards of the ordinance; operational standards are set in the licensing section of the ordinance. ➢ The Advisory Planning Commission (APC) held a Public Hearing on December 22, 2015 and the APC did recommend approval. ➢ Blaine Seeliger and Christopher Palek, the partners of Twisted Brothers Eagan LLC, have applied for an On -Sale and Sunday Liquor License. The required documents for the liquor license application have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the license application. Issues: ➢ The potential use of patio seating, with liquor service, on the existing paved area south of the building was not brought to staff's attention until after the APC meeting. A condition of approval should be added to require all necessary City permits and City Code compliance if the applicant pursues outdoor patio, including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 60 -Day Agency Action Deadline: January 14, 2016 Attachments: (4) NBA -1 Location Map NBA -2 Draft December 22, 2015 APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits r. ,0 0 J ppm c^� po K rc d ©ppP o pC ' QX M °i N N 7 9� U) U) U U c � op op m appy p®p pp ppos <1Z LL 0 N p r� (V C7 "PRO g0IIuME /111 �I N♦"■'� '��•♦ .. ��.. .Ur' ........ ••�. �.:�q�� .�� Ii��v®►��♦ ♦ice �� wie0i ,.:.� � 1 � 1�,�`� ��i• .moi 11,1 I,,,, •-.. , � •� •,,,• ®■� �1 1111►/%_�� Q�11��,`��,,,,,5��,,� .� / 111► r n • �f SM gg MEN MN I 611M, �' , L. � _:■111 �1 " �� i, � �. �� '�►� '. � � vireo _ ieii ♦ rINgin I �� Q •.. __ _ MW M OM M ON x:11►'�I♦ ■ ■■�-�■►.�� 101 Iloilo Elm =�� O U M N N 7 U) U) U U c C Y m M O o a s m a y Q JLO� ® o C7 "PRO g0IIuME /111 �I N♦"■'� '��•♦ .. ��.. .Ur' ........ ••�. �.:�q�� .�� Ii��v®►��♦ ♦ice �� wie0i ,.:.� � 1 � 1�,�`� ��i• .moi 11,1 I,,,, •-.. , � •� •,,,• ®■� �1 1111►/%_�� Q�11��,`��,,,,,5��,,� .� / 111► r n • �f SM gg MEN MN I 611M, �' , L. � _:■111 �1 " �� i, � �. �� '�►� '. � � vireo _ ieii ♦ rINgin I �� Q •.. __ _ MW M OM M ON x:11►'�I♦ ■ ■■�-�■►.�� 101 Iloilo Elm =�� Advisory Planning Commission December 22, 2015 Page 2 of 13 IV. PUBLIC HEARING New Business A. Cliff Lake Center Applicant Name: Troy DeWitt, Cliff Lake Market Place LLC Location: 1965 Cliff Lake Rd; Lot 2, Block 1, Cliff Lake Centre 3rd Addition Application: Planned Development Amendment A Planned Development Amendment to allow on -sale liquor. File Number: 29 -PA -09-11-15 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated December 11, 2015. Troy DeWitt, applicant, stated he was available for questions. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Sagstetter seconded a motion to recommend approval of a Planned Development Amendment to allow on sale liquor in conjunction with a Full Service restaurant, subject to the following conditions: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On -sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. Signage shall be subject to City Sign Code requirements. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 2015 APPLICANT: Cliff Lake Market Place LLC PROPERTY OWNER: Same REQUEST: Planned Development Amendment LOCATION: 1965 Cliff Lake Rd CASE: 29 -PA -09-11-15 HEARING DATE: December 22, 2015 APPLICATION DATE: Nov. 15, 2015 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow on sale liquor in conjunction with a Full Service restaurant for the parcel located at 1965 Cliff Lake Rd. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject site is part of the Eagan Hills West Planned Development, which was created in 1979. In 1988, the property was platted as Outlot B, Cliff Lake Center and the future land use was noted as Multiple Residential (12 to 18 units per acre). The site intended to be a buffer between commercial and adjacent residual and park uses. However, concern was expressed during the platting process in the staff report about how and if the subject property would develop due to the pond as a site constraint. Planning Report — Cliff Lake Center December 22, 2015 Pate 2 The Comprehensive Guild Plan designates the land use of the site as RC (Retail Commercial). A Preliminary Planned Development was approved in 2002 noting Zoning classifications consistent with the land use designation include NB (Neighborhood Business), GB (General Business) and CSC (Community Shopping Center). The parcel was platted as Cliff Lake Centre 3rd Addition in 2002. A Final PD was approved in 2006 to allow 14,375 SF commercial retail building with 68 parking stalls. EXISTING CONDITIONS The 4.7 acre lot contains a retail strip center constructed in 2007. The 14,000 sq. ft. building has parking located to the front of the building and a storm water pond to the rear. The property fronts and takes access from Cliff Lake Road. The retail center consists of five leased/vacant spaces including: Metro Dental, Umbria Pizza, Crystal Jade, the former Ring Mountain Creamery restaurant and a vacant space. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing to establish a Full Service restaurant within the former Ring Mountain Creamery space. As described in the applicant's narrative, the applicant would like to lease to a full service restaurant who would need a liquor license. The layout and design, but for a bar, would remain the same. The narrative also addresses the varied peal-, business hours between the existing tenants and proposed restaurant; "Our main anchor tenant is Metro Dental, and they occupy 40% of the center and run nearly opposite peals hours of business that a restaurant would. For this reason we feel the parking to be a good fit". The on -sale liquor also requires a license under Chapter 5 of the City Code. The applicant does not propose exterior modifications to the building or outdoor seating. Compatibility with Surrounding Area — The surrounding uses include a vet clinic, commercial center, City park and townhomes. The proposed use is consistent with Cliff Lake Center and appears to be compatible with the adjacent uses. Existing Use Zoning Land Use Designation North Cliff Lake Townhomes PD, Planned Development MD, Medium Density Residential East Cliff Lake Centre PD, Planned Development RC, Retail Commercial South Regal Cinema PD, Planned Development RC, Retail Commercial West Eagan Pet Clinic PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal — The applicant is proposing to establish a Full Service restaurant within the former Ring Mountain Creamery space. As described in the applicant's narrative, the applicant would like to lease to a full service restaurant who would need a liquor license. The layout and design, but for a bar, would remain the same. The narrative also addresses the varied peal-, business hours between the existing tenants and proposed restaurant; "Our main anchor tenant is Metro Dental, and they occupy 40% of the center and run nearly opposite peals hours of business that a restaurant would. For this reason we feel the parking to be a good fit". The on -sale liquor also requires a license under Chapter 5 of the City Code. The applicant does not propose exterior modifications to the building or outdoor seating. Compatibility with Surrounding Area — The surrounding uses include a vet clinic, commercial center, City park and townhomes. The proposed use is consistent with Cliff Lake Center and appears to be compatible with the adjacent uses. Planning Report — Cliff Lake Center December 22, 2015 Page 3 On -Sale Liquor — This site appears to be consistent with on -sale liquor licensing requirements. The property is guided and zoned for retail commercial uses, and the on -sale liquor is proposed in conjunction with a Full Service restaurant. The site is not in close proximity to any specified protected uses (i.e. schools, daycares, churches). Parking — The Preliminary Planned Development identified a 7,500 SF retail/office building which would require 37 parking stalls for retail and 50 for office with a Site Plan that indicated 40 stalls. Thus, acknowledging a deficiency if the property were to be utilized as office. It was further acknowledged that the parking deficiency could be approved as part of the Planned Development. The Final Planned Development identified 68 parking stalls on the property which met the minimum parking requirements for the building if leased at 100% retail; however, based upon existing and proposed tenants, the site is short 35 stalls. Nonetheless, the tenant space in question was formerly utilized as a restaurant and parking complaints were not received by City staff. Tenant Space(SF) Requirement Minimum Stalls Metro Dental 5,271 3/Dr or 1/150 (whichever is greater) 35 Vacant 2,862 1/150 for office or 1/250 retail (office is greater 19 vs. 11) 19 Umbria Pizza 1,450 1/3 seats 7 Crystal Jade 1,420 1/3 seats 5 Vacant/Restaurant 3,132 1/3 seats 37 103 stalls Total Given the anticipated peals use times of the mix of uses, it appears parking should not be problematic. SUMMARY/CONCLUSION The subject tenant space was a former restaurant and the applicant is requesting approval of a Planned Development Amendment to allow on -sale liquor in conjunction with a Full Service restaurant. The appropriateness of the proposed parking deviation, as outlined in this report, is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED The applicant is requesting approval of a Planned Development Amendment to allow on sale liquor in conjunction with a Full Service restaurant for the parcel located at 1965 Cliff Lake Rd. If approved the following conditions shall apply: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. Planning Report — Cliff Lake Center December 22, 2015 Page 4 2. On -sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. 3. Signage shall be subject to City Sign Code requirements. V / \ :104) / ° // S67°08'22"W U' / 41.74--V-- A5 1.74`-V'A �• c°� w�i I it Z I\ 03 I 1 \ �E II 0 0 z� o`` `9S p II v \\ I I Q \ I Z 0/ \' o /, Dc � I /o 0 c00 IICo. I I i M IIS Uz � I 0 LU `N O cLn 0 0) G- _0 cz 0 U O O � p 03 p Ai N to tI-0 1 D w�i I it Z I\ 03 I 1 6I \ N I 11 V� c VD a0 O � O N \\ (O \ I Z Ai N to tI-0 1 D w�i I it Z I\ 03 I 1 6I \ N I 11 O � O N \\ (O \ I Z Ai N to tI-0 1 D Z D Z D Z D Z D Z .Q A m r 14, r - It rl�SE r - It 11/ityZU15 umail - uiitr LeKe MarKetplace Troy DeWitt <dewittpropertie gmail.com> Cliff Lake Marketplace 1 message Troy DeWitt <dewittproperties,@gmail.com> Wed, Nov 18, 2015 at 10:58 AM To: Troy DeWitt <dewittproperties c@gmail.com> Hi Sarah, Thank you so much for your help with our new prospective tenant. We are the owner and management of the retail center at 1965 Cliff Lake Rd. in Eagan. We are interested in amending the PIED from our original development and construction of the property in 2006. We would like to put a sit down restaurant in the former Ring Mountain Creamery restaurant space. This new restaurant would require a liquor license for their concept. The Ring Mountain space will be used essentially as it is with the exception of putting a bar where the ice cream service counter and displays were located. The layout and design will remain the same as well as the square footage of area for seating will remain the same. We really feel the space because of its size (3,1325F), location and layout has a best and highest use as a restaurant space. We are in and ideal area for this with all of the adjacent property being commercial, and we believe this change would be very positive for the property and the community as a whole, This would be a minor change from the current use and bring some life to our center. Our main anchor tenant is Metro Dental, and they occupy 40% of the center and run nearly opposite peak hours of business that a restaurant would. For this reason we feel the parking to be a good fit. Thank you for your consideration in this matter. All the Best, Troy DeWitt Troy & Vicki DeWitt Properties LLC Troy cell 651-336-6360 haps://mail.google.cam/maillull/7ui=2&ik=ab7455aaBS&view=pt&search=inbox&th=151lb88a2D5boc4B&siml=15l l bB8aM5bOc48 1/1 Agenda Information Memo January 5, 2016, Eagan City Council Meeting NEW BUSINESS B. Rezoning, Preliminary Planned Development and Preliminary Subdivision (Cedar Grove Parkway Sth Addition) — Affinity at Eagan, LLC Action To Be Considered: To approve (or direct preparation of Findings of Fact for denial) of a Rezoning from CGD, Cedar Grove District to PD, Planned Development of approximately 4.1 acres located at Cedar Grove Parkway and Nicols Road, legally described as Outlot A, Paragon Addition. To approve (or direct preparation of Findings of Fact for denial) a Preliminary Planned Development for the development of a multi -story 173 -unit age -restricted apartment upon approximately 2.7 acres and medium density residential housing for future development upon approximately 1.4 acres upon the property legally described as Outlot A, Paragon Addition. To approve (or direct preparation of Findings of Fact for denial) of a Preliminary Subdivision (Cedar Grove Parkway 5th Addition) to create two lots upon approximately 4.1 acres located at Cedar Grove Parkway and Nicols Road, legally described as Outlot A, Paragon Addition, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Rezoning and Preliminary Planned Development — At least three votes Preliminary Subdivision —Majority of Councilmembers present Facts: ➢ The subject property consists of approximately 4.1 acres located at the west end of the Cedar Grove Redevelopment District. ➢ The applicant has entered into a purchase agreement with the Eagan EDA to purchase the land for this development. ➢ For the sale of public property, the question of consistency was considered by the Advisory Planning Commission on September 21, 2015, and a recommendation was made that the proposed use is consistent with the Comprehensive Guide Plan. ➢ The City has anticipated that specific developments within the Cedar Grove District will be implemented through Planned Development zoning, which affords flexibility to the mutual benefit of both the City and the developer. ➢ The Preliminary Planned Development proposes a multi -story age -restricted 173 - unit apartment building located upon the easterly 2.7 acres of the site for the initial construction phase. The submitted concept Site Plan shows townhomes for a future medium density residential development on the westerly 1.4 acres. ➢ A Final Planned Development will be required for each lot at the time of development. The townhome layout shown on Lot 2 was for illustration purposes. The specifics of development design for the future medium density development on Lot 2 will require Site Plan review/recommendation by the Advisory Planning Commission and action on the Final Planned Development by the City Council. ➢ The proposed residential development is a Conditional Use within the Zone 4 Buffer and sound attenuation construction measures apply. ➢ The developer is requesting some deviations to typical Code requirements for the apartment project including setbacks and number and size of parking stalls. ➢ A public hearing was held by the Advisory Planning Commission on December 22, 2015, and the APC did recommend approval. Issues: ➢ If the Council approves medium density residential use on Lot 2 at this time, a number of items will need to be addressed at the time the Final Site Plan and Final PD are submitted for the property, including the CGD requirements for building entrances to face the public streets and for parking to be internal to a development and the need for the final design of the site and its pedestrian features to function as a front door for the area from the Cedar Grove Transit Station. 60 -Day Agency Action Deadline (Rezoning and Preliminary PD): ➢ Waived Attachments: (4) NBB-1 Location Map NBB-2 Draft December 22, 2015 APC Minutes NBB-3 Planning Report NBB-4 Report Exhibits i .0 L) O J T N T T N O 1-0 ra.aLo m��T 0- r r r w ALM o T « L- V- a. _a. 69 �. aNT N N E w M� Z 0a)Z .O rrU) L ui M aWU a ,_ UO N ox O N o` N N N N C p 0 2 i— •� A o CL m cc 9L 3 Lo oo• omo� a) U -o <1z (V won hprl�sm son 10 ■■■■ ■- ♦�..■ R■■Is �■ �. ter•. it . ■■■■■MOM ■ ■■ �'%�® �a� �� is Q.:: �►�� ■■■■■ �� ■■■�� SO milli . �,I�� ♦♦ �� .11... p, ■OMNI 0pae1►"� u`bttrts�tt p �+`� e••� � �� 1■ o i�.,�� .'F� ','/elle' � � ( • .',. ,, ,` -,'� - - �= ■�"„ '�� __ ��1� ��■■ ■��t�■art 1 v a e1e a M � 1`1 _ e i r �tu r°tt.'til0.f T';t - pp T,�•,�,R�T•� •. ",r„`8itt ,_ UO N m O N N N N N N C p O N m 2 i— A O CL m cc 9L 3 Lo ® o won hprl�sm son 10 ■■■■ ■- ♦�..■ R■■Is �■ �. ter•. it . ■■■■■MOM ■ ■■ �'%�® �a� �� is Q.:: �►�� ■■■■■ �� ■■■�� SO milli . �,I�� ♦♦ �� .11... p, ■OMNI 0pae1►"� u`bttrts�tt p �+`� e••� � �� 1■ o i�.,�� .'F� ','/elle' � � ( • .',. ,, ,` -,'� - - �= ■�"„ '�� __ ��1� ��■■ ■��t�■art 1 v a e1e a M � 1`1 _ e i r �tu r°tt.'til0.f T';t - pp T,�•,�,R�T•� •. ",r„`8itt Advisory Planning Commission December 22, 2015 Page 3 of 13 B. Affinity at Eagan Applicant Name: Robert Ketner, Affinity at Eagan, LLC Location: Outlot A, Paragon Addition Application: Rezoning A Rezoning of approximately 4 acres from CGD, Cedar Grove District to PD, Planned Development. File Number: 19-RZ-06-11-15 Application: Preliminary Planned Development A Preliminary Planned Development of 4 acres to allow a multi -story senior apartment building of 173 units and townhomes. File Number: 19 -PD -02-11-15 Application: Preliminary Subdivision A Preliminary Subdivision to create 2 lots upon 4 acres. File Number: 19 -PS -03-11-15 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated December 17, 2015. Scott Morris, Affinity at Eagan, LLC, provided background on the Inland Group and the goal of the proposed product to meet the need that falls between affordable age -restricted and congregate care and stated he was available for questions. Member Piper asked about the utility of the proposed 8.5' width for the underground parking stalls. Mr. Morris explained that Inland has over 1,000 stalls of that width in their portfolio and have had no issues. Matt Pavek, the applicant's civil engineer stated that 8.5' wide stalls are the industry standard for structured parking facilities. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for approximately 4 acres. All voted in favor. Motion carried 7-0. Member Piper moved, Member Weimert seconded a motion to recommend approval of a Preliminary Planned Development for a 4 -story 173 -unit age restricted apartment building (55+), and townhome units upon approximately 4 acres, subject to the following conditions: Advisory Planning Commission December 22, 2015 Page 4 of 13 1. A Preliminary Planned Development Agreement shall be executed for the development prior to issuance of a building permit. The following plans are necessary for the Preliminary Planned Development Agreement: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. A Final Planned Development Agreement shall be executed for each of Sites 1 and 2 prior to issuance of a building permit for the site. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscaping Plan • Final Site Lighting Plan Final Signage Plan 3. The term of the Preliminary Planned Development shall be three (3) years. 4. The property shall be platted. Airport Noise 5. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. Lighting 6. Pole mounted light fixtures shall be not more than 20 feet high. 7. All site lighting shall be downcast and shielded. 8. Public street lights shall be installed, by the developer, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Building Materials/Architecture 9. The stucco siding shall be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. 10. Painted concrete is not an acceptable material. The exterior materials shall be revised to provide the stucco finish in place of the painted concrete on the lower levels. 11. Final Building Elevations at the time of Final Planned Development shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. Advisory Planning Commission December 22, 2015 Page 5of13 12. A materials palette shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. 13. The building shall provide consistent interior window treatments for windows that are visible from a public street or open space. 14. Individual entrances for each unit at street level shall be incorporated into the design of the future townhome development on Lot 2. Signage 15. The monument sign shall be constructed of masonry materials to match the principal building. A detailed sign plan shall be provided at the time of Final Planned Development demonstrating consistency with City Code standards. 16. The monument sign shall be relocated to achieve the minimum 10' setback and avoid placement within the easement. 17. Any future building signage shall be subject to City Code standards. 18. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage 19. Trash storage shall be located within the garage building's garage area. Landscaping 20. The Final Landscape Plan shall be revised to increase the number of trees to provide the required 1 tree /500 s.f. ratio. The Landscape Plan graphic and schedule shall be reconciled to match. Proposed plant materials shall utilize more evergreen plantings. 21. The Final Landscape Plan shall provide for landscaping around the base of the monument sign. Grading/Topography/Erosion Control 22. The grading plan shall be modified so no slopes exceed 3:1. 23. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 24. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 25. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Advisory Planning Commission December 22, 2015 Page 6 of 13 Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 26. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 27. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. Utilities 28. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 29. Fiber To The Premise Conditions: A. The applicant shall install two vaults (at their expense), one on the north side of the property along the ROW on Eagan Outlets Parkway and one on the south side of the property along the ROW on Cedar Grove Parkway. The vault size shall be at least 48"x36"x30". From each vault, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends that runs to the buildings MDF (Main Distribution Frame) closet. B. From the buildings MDF closet, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends to all other IDF (Intermediate Distribution Frame) closets throughout the building. C. In all units within the development, the applicant shall install at least a 1gbps Ethernet (Cat5e/Cat6 or fiber optic) connection to all livable spaces (i.e. kitchen, bedrooms and living room) that terminates in the LDF/MDF closet. D. The applicant shall submit a detailed low -voltage and/or electrical plan as part of its building permit, in a form acceptable to staff, depicting compliance with condition C above. Prior to receiving the final Certificate of occupancy, the applicant shall submit a certification to City staff that the low -voltage and/or electrical plan was built as designed and in compliance with condition C above. E. The applicant must select a service provider to install and provide fiber optic cabling into the MDF for high speed communication services with either AccessEagan or another provider. If AccessEagan is selected, the applicant shall enter into a service agreement in a form acceptable to the City Attorney. 30. The restoration of any streets and/or boulevards damaged during construction activities shall be restored in a manner acceptable to the City Engineer. Streets/Access/Pedestrian Circulation 31. The developer shall perform turn lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access location, in a manner acceptable to the City Engineer. 32. The developer shall extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. Advisory Planning Commission December 22, 2015 Page 7of13 33. The existing access to Nicols Road shall be removed and restored by the developer, in a manner acceptable to the City Engineer. 34. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site. 35. No construction equipment or vehicles shall use the parking garage during development of this site. 36. All perimeter construction fencing shall be installed a minimum of 5' behind the curb, or behind the trail/sidewalk if one is present. 37. All existing trails/sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities shall be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. 38. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. Easements/Permits/Right-of-Way 39. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 40. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. 41. All entrance monuments shall be located outside all drainage and utility easements. 42. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site, in a form acceptable to the City Attorney. 43. The applicant shall provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilitation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. Parks and Recreation 44. Park dedication shall be satisfied through a cash dedication. The cash park dedication for proposed Lot 1 will be payable at the time of final plat at the rates then in effect. The cash dedication for proposed Lot 2 will be payable at the time of building permit at the rates then in effect. 45. Trail dedication for proposed Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. 46. Future development of proposed Lot 2 shall be subject to cash dedication at the time of development at the rates then in effect. Advisory Planning Commission December 22, 2015 Page 8 of 13 All voted in favor. Motion carried 7-0. Member Sagstetter moved, Member Piper seconded a motion to recommend approval of a Preliminary Subdivision to create two lots for development of a multi -family senior housing building and residential townhomes upon approximately four acres, subject to the following conditions: Standard Conditions 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, C1, C2, C4, E1, F1, G1 2. The property shall be platted. Airport Noise 3. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. Lighting 4. Pole mounted light fixtures shall be not more than 20 feet high. 5. All site lighting shall be downcast and shielded. 6. Public street lights shall be installed, by the developer, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Building Materials/Architecture 7. The stucco siding shall be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. 8. Painted concrete is not an acceptable material. The exterior materials shall be revised to provide the stucco finish in place of the painted concrete on the lower levels. 9. Final Building Elevations at the time of Final Planned Development shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. 10. A materials palette shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. 11. The building shall provide consistent interior window treatments for windows that are visible from a public street or open space. 12. Individual entrances for each unit at street level shall be incorporated into the design of the future townhome development on Lot 2. Advisory Planning Commission December 22, 2015 Page 9of13 Signage 13. The monument sign shall be constructed of masonry materials to match the principal building. A detailed sign plan shall be provided at the time of Final Planned Development demonstrating consistency with City Code standards. 14. The monument sign shall be relocated to achieve the minimum 10' setback and avoid placement within the easement. 15. Any future building signage shall be subject to City Code standards. 16. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage 17. Trash storage shall be located within the garage building's garage area. Landscaping 18. The Final Landscape Plan shall be revised to increase the number of trees to provide the required 1 tree /500 s..f. ratio. The Landscape Plan graphic and schedule shall be reconciled to match. Proposed plant materials shall utilize more evergreen plantings. 19. The Final Landscape Plan shall provide for landscaping around the base of the monument sign. Grading/Topography/Erosion Control 20. The grading plan shall be modified so no slopes exceed 3:1. 21. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 22. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 23. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 24. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 25. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. Advisory Planning Commission December 22, 2015 Page 10 of 13 Utilities 26. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 27. Fiber To The Premise Conditions: A. The applicant shall install two vaults (at their expense), one on the north side of the property along the ROW on Eagan Outlets Parkway and one on the south side of the property along the ROW on Cedar Grove Parkway. The vault size shall be at least 48"x36"x30". From each vault, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends that runs to the buildings MDF (Main Distribution Frame) closet. B. From the buildings MDF closet, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends to all other IDF (Intermediate Distribution Frame) closets throughout the building. C. In all units within the development, the applicant shall install at least a 1gbps Ethernet (Cat5e/Cat6 or fiber optic) connection to all livable spaces (i.e. kitchen, bedrooms and living room) that terminates in the LDF/MDF closet. D. The applicant shall submit a detailed low -voltage and/or electrical plan as part of its building permit, in a form acceptable to staff, depicting compliance with condition C above. Prior to receiving the final Certificate of occupancy, the applicant shall submit a certification to City staff that the low -voltage and/or electrical plan was built as designed and in compliance with condition C above. E. The applicant must select a service provider to install and provide fiber optic cabling into the MDF for high speed communication services with either AccessEagan or another provider. If AccessEagan is selected, the applicant shall enter into a service agreement in a form acceptable to the City Attorney. 28. The restoration of any streets and/or boulevards damaged during construction activities shall be restored in a manner acceptable to the City Engineer. Streets/Access/Pedestrian Circulation 29. The developer shall perform turn lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access location, in a manner acceptable to the City Engineer. 30. The developer shall extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. 31. The existing access to Nicols Road shall be removed and restored by the developer, in a manner acceptable to the City Engineer. 32. The applicant shall enter into a participation agreement with the City, in a form acceptable to the City Attorney, for maintenance of the trails adjacent to the site. 33. No construction equipment or vehicles shall use the parking garage during development of this site. Advisory Planning Commission December 22, 2015 Page 11 of 13 34. All perimeter construction fencing shall be installed a minimum of 5' behind the curb, or behind the trail/sidewalk if one is present. 35. All existing trails/sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities shall be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. 36. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. Easements/Permits/Right-of-Way 37. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 38. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. 39. All entrance monuments shall be located outside all drainage and utility easements. 40. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site, in a form acceptable to the City Attorney. 41. The applicant shall provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilitation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. Parks and Recreation 42. Park dedication shall be satisfied through a cash dedication. The cash park dedication for proposed Lot 1 will be payable at the time of final plat at the rates then in effect. The cash dedication for proposed Lot 2 will be payable at the time of building permit at the rates then in effect. 43. Trail dedication for proposed Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. 44. Future development of proposed Lot 2 shall be subject to cash dedication at the time of development at the rates then in effect. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 17, 2015 APPLICANT: Affinity at Eagan, LLC PROPERTY OWNER: Eagan Economic Development Authority REQUEST: Rezoning, Prelim. Subdivision; Prelim. Planned Development LOCATION: Outlot A, Paragon Addition CASE: 19 -PD -02-11-15; 19 -PS -03-11-15 19-RZ-06-11-15 HEARING DATE: December 22, 2015 APPLICATION DATE: November 8, 2015 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: SA/MU, Special Area/Mixed Use ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicant, Affinity at Eagan, LLC, is requesting approval of a Rezoning, Preliminary Planned Development, and Preliminary Subdivision for development of a multi -family age - restricted (55+) housing complex and townhomes upon approximately four acres located at Cedar Grove Parkway and Nicols Road, legally described as Outlot A, Paragon Addition. The proposed subdivision will create separate parcels for the senior housing and townhome portions of the site. The senior housing proposes 173 units in a multi -story building with underground parking upon approximately 2.7 acres. The townhomes consist of 19 units in four buildings upon approximately 1.4 acres and would be constructed in a future development phase. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. Planning Report — Affinity at Eagan, LLC December 22, 2015 Paee 2 2. The City Council shall not rezone any land or area in any zoning district or snake any other proposed amendment to the zoning ordinance without first having referred it to the planning cominission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 3 F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The site is located within the core area of the Cedar Grove Redevelopment District. The property was platted as an outlot in 2013, with the subdivision for the Paragon retail development and construction of the City parking garage, which is adjacent to the east of the property. The property was acquired by the Economic Development Authority pursuant to the Cedar Grove TIF District which was established in 2001 and certified in 2003. Along with much of the Cedar Grove redevelopment area, the property was zoned CGD, Cedar Grove District, in 2003. The surrounding area is designated for mixed uses and contains commercial/retail, and medium and high density residential uses. The property is just across Nicols Road from the Cedar Grove Transit Station. The Cedar Grove Redevelopment District anticipated a mix of residential and commercial uses. The Cedar Grove Commons Special Area land use plan includes a variety of uses to shape the Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 4 redevelopment area as a mixed-use, pedestrian and transit -oriented design. Medium and high density residential uses are considered conditional within the CGD zoning district. EXISTING CONDITIONS The property is located east of Nicols Road, between Cedar Grove Parkway to the south and Eagan Outlets Parkway to the north. It is bounded on all four sides by public streets, with River Valley Way being to the east. The site is currently vacant and was graded with previous development. Access to the property comes from Eagan Outlets Parkway. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Request — The applicant is proposing development of multi -story multi -family age restricted apartments and row townhomes. The site is being acquired from the Eagan Economic Development Authority, which is selling the property. The proposed Preliminary Subdivision will create two parcels. Proposed Lot 1 will be developed with the 173 -unit senior multi -family building, and proposed Lot 2 is for the 19 row townhomes. The Preliminary Planned Development establishes an overall Preliminary Development Plan for the entire site. Subsequently, a Final Planned Development will be required for each lot at the time of development. The senior multi -family is anticipated for construction in 2016 as the first phase of development. The townhomes will be a future development phase and timing for that is unknown at this time. The development plan for Lot 2 is conceptual and provided for the purpose of illustrating one possible development scenario for the remaining land area after the subdivision, since the proposed Affinity project does not require the entire 4 acres. The City is only being asked to consider the Medium Density residential use for the future development of proposed Lot 2 at this time. Development approval of Lot 2 will require Site Plan review/recommendation of the final Existing Use Zoning Land Use Designation North Retail (Paragon Outlet PD, Planned Development SA/MU, Special Center) Area/Mixed Use South Townhomes PD, Planned Development SA/MD, Special Area/Medium Density East Cedar Grove Parking PD, Planned Development SA/MU, Special Garage Area/Mixed Use West Cedar Grove Transit PD, Planned Development QP, Quasi -Public Station EVALUATION OF REQUEST Description of Request — The applicant is proposing development of multi -story multi -family age restricted apartments and row townhomes. The site is being acquired from the Eagan Economic Development Authority, which is selling the property. The proposed Preliminary Subdivision will create two parcels. Proposed Lot 1 will be developed with the 173 -unit senior multi -family building, and proposed Lot 2 is for the 19 row townhomes. The Preliminary Planned Development establishes an overall Preliminary Development Plan for the entire site. Subsequently, a Final Planned Development will be required for each lot at the time of development. The senior multi -family is anticipated for construction in 2016 as the first phase of development. The townhomes will be a future development phase and timing for that is unknown at this time. The development plan for Lot 2 is conceptual and provided for the purpose of illustrating one possible development scenario for the remaining land area after the subdivision, since the proposed Affinity project does not require the entire 4 acres. The City is only being asked to consider the Medium Density residential use for the future development of proposed Lot 2 at this time. Development approval of Lot 2 will require Site Plan review/recommendation of the final Planning Report — Affinity at Eagan, LLC December 22, 2015 Pate 5 site layout and specifics of development design by the Advisory Planning Connnission and action on the Final PD by the City Council. At that time, the Medium Density concept plan would need to be further refined to conform to the CGD zoning district standards including relocation of the surface parking from the Nicols Road side of the site to an interior location and orienting the building fronts/entrances toward Nicols Road, Cedar Grove Parkway and Eagan Outlets Parkway. Planned Development and Public Benefit — The CGD zoning district was established in 2002 as a tool to implement the principles of the Cedar Grove Design Framework for compact mixed-use development with an urban design that is pedestrian friendly. To this end, the CGD district establishes specific standards related to site planning, architecture, buildings materials, landscaping, signage and other elements. By its nature, the Cedar Grove Redevelopment District is expected to involve compact and more intense development than is the case in other areas of the City. While the CGD Zoning District permits that to occur, in order to be implemented, the details of individual developments may not align with all of the specific requirements of the Zoning District. As a consequence, the City anticipates that the developments within the district will reflect the general expectations of the Code, but will be implemented through Planned Development zoning, with the specific plans being compared to the standards of that district as well as the redevelopment goals and principles of the Cedar Grove Commons Special Area Plan of the City's Comprehensive Guide Plan. The Planned Development zoning affords flexibility to both the applicant and the City with the objective that the mutual flexibility benefits both parties. This proposal provides for development of a high density residential project within the Cedar Grove Redevelopment TIF District. The applicant is requesting some deviations to typical Code requirements to accomplish development such as setbacks and lot widths. This report evaluates the proposed Planned Development in comparison to the CGD zoning district and other City zoning standards, as well as the principles of both the Cedar Grove Commons Special Area Plan and the Cedar Grove Design Framework. Term — Staff suggests a three-year term for this Planned Development Amendment. Compatibility with Surrounding — The Cedar Grove Redevelopment District anticipated a mix of residential and commercial uses. The Cedar Grove Commons Special Area land use plan includes a variety of uses to shape the redevelopment area as a mixed-use, pedestrian and transit - oriented design. Higher density multi -story multi -family residential, as well as medium density residential townhoimes are both conditional uses within the CGD zoning district. Consistency with Comprehensive Guide Plan — State law provides for the Planning Coni nission to make a deterinination as to the consistency of the proposal with the City's Comprehensive Guide Plan, when a City or EDA considers the sale of property to a private entity. In that regard, the question of consistency was considered by the Advisory Planning Commission on September Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 6 21, 2015, and a recommendation was made that the proposed use is consistent with the Comprehensive Guide Plan. The applicant and the Eagan EDA have entered into a purchase agreement for the sale of the property for development of multi -family senior apartments. The applicant is purchasing the entire site, although the senior project occupies only 2.7 of the four acres. As part of the Preliminary Planned Development, the applicant has provided a concept plan that shows how the westerly 1.35 acres could be developed with townhomes. The purchase agreement is contingent upon the approval of the development proposal. Airport Compatibility — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive Guide Plan currently designates the subject site as Mixed Use, within this Special Area. The proposed use is residential multi -family apartments and towi-diomes. The City has adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan, Appendix L (Land Use Compatibility Guidelines for Aircraft Noise). New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within the one -mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. Single and multiplex residential uses with individual entrances are considered Conditional Uses within the Noise Buffer Zone and must meet the following land use review factors identified in the Metropolitan Council 2030 Transportation Plan -Appendix L: 1. Proposed construction design will provide outdoor to indoor attenuation required by structure performance standards in Table L-4. The table indicates the interior sound level standard for residential uses is 45 dBa. New residential construction as proposed will require a minimum 19 dBa noise reduction within the Buffer Zone. 2. Is the site located under a major departure flight track used by jets? The site lies 4 miles south of the north -south runway at MSP. Significant fanning of takeoff flights over Eagan reduces direct noise impact under or adjacent to any major departure flight tracks. Therefore the proposed use should be considered compatible with this factor. 3. Is the site located parallel to a primary runway used by jets? The subject site is not located parallel to a primary runway. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 7 4. Is the site located parallel to a runway to be used for unshielded engine run -ups? The subject site is not located parallel to a runway used for unshielded engine run -ups. 5. Is the proposal consistent with adjacent land use ambient noise; and is it consistent with the overall comprehensive plan? The Metropolitan Council approved the City's Land Use Plan in April 2010, which included a Mixed Use designation for this property. 6. Has the local government adopted an effective method to inform future occupants of aircraft noise exposure? The noise contours are shown on the City's Zoning Map and on the Land Use Map within the City's Comprehensive Guide Plan Lots — The proposed Preliminary Subdivision creates two lots. Proposed Lot 1 is 2.7 acres, and proposed Lot 2 is 1.34 acres. A 37' drainage and utility easement occupies the west edge of Lot 2 along Nicols Road. Both lots exceed minimum lot dimensional requirements for CGD zoning. Individual lots for the townhomes units are not proposed at this time. Site Plan — The submitted Site plan shows the multi -story apartment building on proposed Lot 1, and the townhome concept on proposed Lot 2. Access to the site for both lots is from Eagan Outlets Parkway. Lot I - The Site Plan shows the building wrapping around the perimeter of the lot, with access from Eagan outlets Parkway and a center court area containing some surface parking and a circular driveway turnaround. Access to the underground parking is provided at the entrance to the site, through both ends of the building. A monument sign is proposed east of the driveway entrance. A retaining wall is proposed on the south side of the property, abutting Cedar Grove Parkway. Lot 2 — The proposed townhome design on Lot 2 represents a medium density development scenario. Detailed site, building design and the development approval request will occur at a later date. Setbacks — The CGD zoning district utilizes maximum build -to lines rather than minimum structure setbacks. CGD establishes a minimum front yard setback of 0' and maximum of 10', a minimum setback of 0' for side yards, and a minimum setback of 20' for rear yards. Parking setbacks are a minimum of 5' on side and rear yards, and 20' in front yards adjacent to public right-of-way. These standards were applied to the evaluation of this proposal. Lot I Structure Setbacks — The proposed multi -family building on Lot 1 shows varying setbacks. All street frontages abutting Lot 1 have portions of the building that fall within the maximum 0'-10' setback, and portions that exceed the maximum 10' build - to line. Planning Report — Affinity at Eagan, LLC December 22, 2015 Pate 8 A deviation is requested for those areas exceeding the maximum 10' build -to line adjacent to the public rights-of-way. These larger setbacks are approximately 15' along Eagan Outlets Parkway, River Valley Way and Cedar Grove Parkway. The boundary between Lots 1 and 2 is opposite the shortest street frontage (River Valley Way), and therefore, is considered a rear yard. Because the rear yard setback standard is a minimum, rear setbacks exceeding 20' are considered satisfied. The building setback to this lot line varies between 18.2' and 31.9'. The 18.2' setback at the northwest corner does not meet the minimum 20' rear yard setback, and is considered a deviation. Lot I Parking Setbacla — Nearly all of the parking for Lot 1 is underground. Fewer than 10 surface stalls are proposed, and those are located within the interior court area. One of the driveways to the underground parking achieves a 0' setback from the boundary abutting Eagan Outlets Parkway. Lot 2 — Structure and parking setbacks will be deterinined in the future when detailed site, building design and the development approval request are submitted at a later date. Lot Coverage/DensitX — Lot 1 has a proposed density of 63.9 units per acre. Density of the Concept Plan for Lot 2 is 14 units per acre. Parking Counts — The Zoning Ordinance typically requires two stalls per unit for multi -fainly residential, at least one covered or underground. Independent senior living is the same, and a standard of one stall per unit applies to assisted living multi -family developments. The proposal provides a total of 248 stalls for the multi -family building on Lot 1. Only 7 stalls of these are outdoor surface parking; 214 stalls are in the underground garage and structured parking built into the site. For the 173 unit building, this results in a parking ratio of 1.43 to 1.0. This is lower than the City Code standard for multi -family. The applicant believes the proposed parking will be adequate. In addition, the site is adjacent to the City's parking garage and the site's proximity to the Cedar Grove Transit Station also provides alternative transportation options. The City has also included a provision in the Purchase Agreement for a possible monetary contribution from the applicant in the event residents are using the adjacent parking garage. For Lot 2, the standard is at least two enclosed parking spaces for each dwelling unit. With townhomes, this standard is typically met through individual two -stall garages. Parking Design — With so little surface parking on Lot 1, the parking lot design satisfies all of the performance standards specified in the CGD zoning ordinance. The surface stalls are on the interior of the site, and not directly fronting on a public street. Planning Report — Affinity at Eagan, LLC December 22, 2015 Paee 9 The outdoor surface stalls meet the City's 10' x 19' stall size. Accessible stall design will be reviewed at the time of Building Permit for compliance with applicable Codes. The proposed underground and structured parking stalls are smaller in size, 8.5' x 19'. The structural supports for the multi -story building provide bays of 25'6" width that are divided into three stalls of 8.5' each. This is narrower than the City has typically allowed for either surface or structured parking. The 28' wide drive aisles exceed the City's typical standard of 24', and provide better maneuverability. The applicant indicates they own and operate seven structured parking apartment buildings with 8.5' stalls, and in their experience, have not had any issues with tenant complaints or damages. They have found the 8.5' stall size for structured parking to be functional, while maximizing parking count and minimizing structural cost. The project provides for two levels of parking. There is a below ground level, which is accessed from the two ends of the building near Eagan Outlets Parking. There is a second level of structured parking at grade, which accessed at two points from the internal circular drive in the middle of the east and west wings. These two structured parking levels do not connect with each other, or with the lower level underground parking. The ground level floor plan also includes the lobby, library, movie and internet cafe areas, as well as the swimming pool and locker area, and some dwelling units. Site Lighting — The Site Lighting Plan appears to be acceptable. Site lighting is provided by pole -mounted fixtures, building mounted fixtures, and recessed can lights. All fixtures are downcast and shielded. Wall mounted fixtures are located at the exterior egress doors and the photometrics show light levels of less than 1.0 fc at property lines. Wall packs are also proposed above the driveway accesses to the underground and structured parking. Pole mounted fixtures, are proposed near the surface parking, at the main driveway entrance to the circle, and within the island of the circle. The proposed 20' pole height is consistent with CGD design standards. Recessed can lights are located beneath the canopy at over the drop-off/pick-up area at the main building entrance. Street Lights — Public street lights should be installed, by the applicant, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Green Space — The CGD ordinance does not set any standard for green space, and storm drainage and water quality treatment are handled in area ponds. The Site Plan for Lot 1, provides 34.3% building coverage and 76.4% impervious. Building Architecture and Materials — The CGD zoning district establishes that primary materials cover at least 60% of the fayade, and secondary materials occupy not more than 30% of the fagade. Accent materials may make up not more than 10%. Primary materials include brick, stone and glass; secondary materials may include decorative block or integrally -colored stucco. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 10 In addition, each fagade is to be treated as a front, with the same architectural features and materials. The primary materials proposed are brick, stucco siding, and glass. Painted concrete walls are proposed on the exposed lower levels. The pitched roof is finished with asphalt shingles. The stucco siding is proposed on the upper levels of the building, which is consistent with the CGD design standards. The lower two levels utilize brick, with some sections of brick extending to third level. The stucco siding should be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. The painted concrete is not an acceptable material. The concept plan presented to the EDA with their consideration of the purchase agreement showed a stucco finish on these lower levels; the exterior materials should be revised to provide the stucco finish. Final Building Elevations at the time of Final Planned Development should include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. A materials palette should be provided with the Final Planned Development identifying the specific products and color selections for different materials. Design Standards for Multiple Residential Uses — The City Code contains these additional standards for multiple residential uses: First Floor Elevation - The CGD ordinance requires the first floor elevation of residential buildings be at least 2.5' above street level in the front yard. Much of the ground floor is occupied by structured parking, with the residential units above. The ground floor is parking, with the residential units above. Separate Unit Entrances — In addition, individual entrances at street level is a design requirement of the CGD zoning district. The direct access requirement of the CGD ordinance was intended to create front porches to reinforce walkability and connection. This design should be incorporated into the future townhome development on Lot 2, While the inulti-family building with a shared entrance on Lot 1 does not provide individual unit entrances to the street, the proposed apartment building does provide each unit, including the first floor units, with a patio door/balcony area with railing. Supplemental Storage Space — City Code requires that multiple residential buildings provide additional storage space in the amount of 150 cubic feet per unit, exclusive of the storage space within the unit itself. The applicant indicates that a total of 30,112 cu. ft. of storage is provided in supplemental storage outside of the units. Such supplemental storage is offered through 39 individual closets of varying sizes, and 13 larger rooms that can be partitioned to provide smaller individual storage spaces within. While individual supplemental storage varies in size to meet different residents' needs, this provided space averages to 174 cu. ft. per unit and as such, meets the City standard. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 11 According to the applicant's submittal, within each apartment unit is a coat closet, bedroom closet, laundry storage and a pantry closet. The two-bedroom units have a walk- in closet off the master bedroom, other bedroom closets are typically a 2' deep x 6' wide reach -in design. Overall, unit closet spaces range from 20 s.f. (160 cu. ft.) for a studio unit, to 92 s.£ (736 cu ft.) for the largest two-bedroom units. Interior Window Treatments — City Code requires consistent interior window treatments for windows that are visible from. a public street or open space in offices and multiple residential complexes Si ng_age — City Code permits a free-standing sign for each lot. Free standing signs are subject to a 10' setback, and cannot be located within easements. Monument signs are limited to a maximum height of 7', with a maximum sign face of 4' height. No building signage is proposed at this time. Any future building signage should be subject to City Code standards. A monument sign is proposed at the main driveway entrance to Lot 1. The Site Plan shows the monument located less than 10' from the property line and partially within the drainage and utility easement. The sign should be relocated to achieve the minimum 10' setback and avoid placement within the easement. The monument sign should be constructed of masonry materials to match the principal building. A detailed sign plan should be provided at the time of Final Planned Development demonstrating consistency with City Code standards. Building Address Numbers — Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage — Trash storage is located within the garage building's garage area. Landscaping — The CGD zoning district includes specific design standards for landscaping including placement of trees every 25' where parking abuts the site perimeter, one overstory tree for every 500 sq. ft. of landscape area on the site, certain prohibited species and other species to be used only in certain circumstances, such as evergreen trees only in areas protected from winter wind conditions. The Landscape Plan is shown for Lot 1 only at this time. The Landscape Plan provides for a several different shade trees. One species of shrubs and two species of perennials are utilized. The landscape plan should be revised in incorporate more evergreen materials, and greater variety in perennial plants. Two ornamental Prairiefire Crabapple trees are located near the front entrance. The perimeter trees along the street frontages consist of Skyline Honeylocust, Parkway Norway Maple and Northwood Red Maple. The same species of shade trees occupy the green space within the interior court area, and on the southwest corner and west side of the property. Planning Report — Affinity at Eagan, LLC December 22, 2015 Paee 12 Some River Birch are incorporated off the southwest corner of the building by Cedar Grove Parkway, and within the center of the circle interior to the development. The landscape calculations indicate 1 tree/500 s.f. ratio results in 89.5 required trees. The landscape schedule shows a total of 84 trees plus 2 ornamental trees, however the 12 Black Hills Spruce do not appear to be shown on graphically on the plan. The Landscape Plan should be revised to increase the number of trees to provide the required 1 tree /500 s.f. ratio, and the graphic and schedule should snatch. Landscaping should be provided around the base of the monument sign. Topog_raphy/Grading — The site is open with no trees, and generally slopes to the north with elevations ranging from 828 to 801. There is a steep slope that drops approximately 18 feet in elevation along the northern half of Cedar Grove Parkway. The preliminary grading plan is acceptable, with modifications. The entire site will be disturbed in preparation for the proposed building, driveway, and parking area. A steep slope, exceeding 3:1, is shown on the grading plan along Cedar Grove Parkway near the property line between lot 1 and lot 2. The grading plan should be modified so no slopes exceed 3:1. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. All public and private streets, drainage systems, and utilities necessary to provide service to this development should be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. Stone Drainage — The preliminary store drainage plan is acceptable, with modification. Storm water runoff from the development will drain via a private storm sewer system and connect to the public system along Eagan Outlets Parkway. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Stone Water Management/ Water Quality — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007), and generally flows northwest Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 13 toward Highway 13 and Pond AP -52 within Cedar Grove Boulevard and Highway 13 right-of- way. Pond AP -52 was modified as part of the City's public improvement project (Cedar Grove Boulevard — Phase II, Project No. 1088), and will provide storm water management per City standards for this proposed development. All storm water runoff should be routed through exiting stonn sewer infrastructure toward Pond AP -52. Utilities — The preliminary utility plan is acceptable, with modifications. Trunk and lateral sanitary sewer and water main of sufficient size, depth, and capacity are available for connection to serve the development. Sanitary sewer District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Two new fire hydrants are proposed from the existing water main lateral located under Cedar Grove Parkway. Installation of these utilities will require open cutting the street and boulevard. The developer should be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. Fiber To The Premises — In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant should provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development should include the installation of fiber optic cable in its construction plans at the time of Building Pen -nit. Streets/Access/Pedestrian Circulation — Streets/ Access/ Pedestrian Circulation — This site is fronted by four public roads (Eagan Outlets Parkway to the north, River Valley Way to the east, Cedar Grove Parkway to the south, and Nicols Road to the west. Access for the development is proposed via Eagan Outlets Parkway. Turn lane and striping modifications on Eagan Outlets Parkway will be necessary to accommodate the parking lot access location. These modifications should be the responsibility of the developer. The future access for Lot 2 should be planned as far north on the lot as possible to maximize the distance from Nicols Road. The existing access to Nicols Road should be removed and restored by the developer, in a manner acceptable to the City Engineer. Pedestrian access and circulation will be provided through sidewalks and building connections to the trails and sidewalks around the perimeter of the site. The developer should extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. The applicant should enter into a participation agreement with the City for maintenance of the trails adjacent to the site. No construction equipment or vehicles should use the Cedar Grove Parking Garage during development of this site; however, workers may park their personal vehicles in the garage. All perimeter construction fencing should be installed a minimum of 5' behind the curb, or behind Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 14 the trail/sidewalk if one is present. All existing trails/sidewalks should remain fully open to pedestrian traffic throughout construction, and any damage to those facilities should be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. No construction staging or construction activities should occur in the right-of-way, and no lane or shoulder restrictions should occur on any adjacent roadways without prior approval by the City Engineer. Easements/ Permits/ Right -of -Way — No additional right of way is anticipated for any of the adjacent public streets. All necessary drainage and utility easements, and an Xcel Energy transformer easement, are shown on the proposed plat. Landscaping trees should be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester , and consistent with the other developed areas along Cedar Grove Parkway. A segmental wall retaining wall is proposed along Cedar Grove Parkway in the drainage and utility easement. The applicant should enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. The entrance monument is shown slightly in the 5' drainage and utility easement along Eagan Outlets Parkway. All entrance monuments should be located outside all drainage and utility easements. The applicant should provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilitation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. The applicant should obtain all outside agency permits as necessary for completion of the site improvements. Financial Obli ag tion — At this time, there are no pending assessments on the parcels proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, there are no outstanding charges to be collected at time of final subdivision or connection to the City's utility system. Tree Preservation — There are no tree preservation issues associated with this development. Parks and Recreation — This development is subject to park and trail dedications requirements. Park Dedication - The proposed Affinity at Eagan development is located in the service district served by Bridgeview Park, located immediately to the northeast of the development site. There are two large community parks within a two miles radius and several neighborhood parks. The Park dedication requirement can be satisfied through a cash payment, land dedication or combination thereof. Because there are no land dedication opportunities on this development proposal, a cash dedication is appropriate. The cash dedication for proposed Planning Report — Affinity at Eagan, LLC December 22, 2015 Pate 15 Lot 1 will be payable at the time of final plat at the rates then in effect. The cash dedication for proposed Lot 2 will be payable at the time of building permit at the rates then in effect. The figures below are based on 2015 rates. Park Dedication Calculation: Classification: High Density Residential / Multi -Family 2015 Apartment /Multi Unit Rate = $3,308 per unit 2015 Townhome Unit Rate = $3,562 per townhome unit • Proposed Lot 1, Block 1, Cedar Grove Parkway 5th Addn/ 173 MF Units @ $ 3,308 = $572,284 • Proposed Lot 2, Block 1, Cedar Grove Parkway 5th Addn/19 TH Units @ $ 3,562 = $ 67,678 Estimated Total Residential Dedication due = $572,284 + $ 67,678 = $639,962 Trail Dedication — The Eagan trail system is designed and intended to provide a non - motorized link to various points of interest, City facilities and coimnercial areas throughout the City. The trail system can also serve a transportation and recreational purpose. The trail system is an integral part of the overall City plan. Trail dedication may take the form of a land dedication for a trail, a cash payment to the trail fund, or the development of an approved trail that provides public benefit. Existing trails are contiguous with the development site on the north and west side. The trails are interconnected with the city wide trail system. The trails in this development provide easy access to the transit station on the west side of Nicols Road. Because of this public value, trail dedication credit can be given for the construction of new trails and sidewalks. Trail Dedication Calculation: 2015 Apartment/Multi Unit Rate = $250 per unit • Proposed Lot 1 Block 1 Cedar Grove Parkway 5th Addn/ 173 units @ $250 = $43,250 • Proposed Lot 2 Block 1 Cedar Grove Parkway 5th Addn/ 19 TH Units @ $250 = $ 4,750 Estimated Total Residential Trail Dedication Due = $43,250 + $ 4,750 = $48,000 Development Credit for Trail Construction: Trails or walks having public value as a connector or that provide a recreational experience • Proposed 6' and 8' sidewalk along the south and the east sides to snatch with existing trail Approximately 988 Lineal ft @ $43.80 per lin ft credit value = $43,274 Because the trail construction credit is nearly equivalent to the cash dedication amount for the first phase construction of 173 senior units ($43,274 vs. $43,250), trail dedication for Planning Report — Affinity at Eagan, LLC December 22, 2015 Paee 16 proposed Lot 1 should be fulfilled through construction of adjacent trails as shown on the development plans. Future development of proposed Lot 2 should be subject to cash dedication at the time of development at the rates then in effect. Based on the submitted concept plan for 19 townhome units at 2015 rates, the amount due would be $4,750. SUMMARY/CONCLUSION The subject site consists of approximately 4.04 acres and is located east of the Cedar Grove Transit Station, between Eagan Outlets Parkway and Cedar Grove Parkway at the west end of the core area of the Cedar Grove Redevelopment District. The Eagan EDA has entered into a purchase agreement with the applicant to sell the land. The applicant is acquiring the entire site, and intends to construct a 173 -unit apartment building for residents age 55+ on proposed Lot 1. 19 residential townhomes are proposed as a future development phase to complete build -out of the 4 acre site. h1 addition to the Preliminary Subdivision, to split the property into two lots, the proposal involves a Rezoning of the property from CGD (Cedar Grove District) to PD (Planned Development), and a Preliminary Planned Development for the entire site. A Final Planned Development will be required for each lot. Because the proposed townhome use on Lot 2 is conceptual at this time, and detailed development plans were not provided for the townhomes, the Final Planned Development for Lot 2 will be subject to Site Plan review/recommendation of the final site layout and specifics of development design by the Advisory Planning Commission and action by the City Council. At that time, the Medium Density concept plan would need to be further refined to conform to the CGD zoning district standards. The City has anticipated that specific developments within the Cedar Grove Redevelopment District will reflect the general expectations of the Code, but will be implemented through Planned Development zoning. The Planned Development zoning affords flexibility to both the applicant and the City with the objective that the mutual flexibility benefits both parties. This proposal provides for development of a multi -story project within the core area of the Cedar Grove Redevelopment TIF District. The applicant is requesting some deviations to typical Code requirements such as setbacks, number and size of parking stalls. Other deviations are as outlined in the report. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for approximately 4 acres located at Cedar Grove Parkway and Nicols Road, legally described as Outlot A, Paragon Addition. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 17 To recommend approval of a Preliminary Planned Development for a 4 -story 173 -unit age restricted apartment building (55+), and 19 townhome units upon approximately 4 acres located at Cedar Grove Parkway and Nicols Road described as Outlot A, Paragon Addition. If approved, the following conditions shall apply: 1. A Preliminary Planned Development Agreement shall be executed for the development prior to issuance of a building permit. The following plans are necessary for the Preliminary Planned Development Agreement: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. A Final Planned Development Agreement shall be executed for each of Sites 1 and 2 prior to issuance of a building permit for the site. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscaping Plan • Final Site Lighting Plan • Final Signage Plan 3. The tern of the Preliminary Planned Development shall be three (3) years. 4. The property shall be platted. Airport Noise 5. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. Lighting 6. Pole mounted light fixtures shall be not more than 20 feet high. 7. All site lighting shall be downcast and shielded. 8. Public street lights shall be installed, by the developer, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 18 Building Materials/Architecture 9. The stucco siding shall be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. 10. Painted concrete is not an acceptable material. The exterior materials shall be revised to provide the stucco finish in place of the painted concrete on the lower levels. 11. Final Building Elevations at the time of Final Planned Development shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. 12. A materials palette shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. 13. The building shall provide consistent interior window treatments for windows that are visible from apublic street or open space. 14. Individual entrances for each unit at street level shall be incorporated into the design of the future townhome development on Lot 2. Signage 15. The monument sign shall be constructed of masonry materials to match the principal building. A detailed sign plan shall be provided at the time of Final Planned Development demonstrating consistency with City Code standards. 16. The monument sign shall be relocated to achieve the minimum 10' setback and avoid placement within the easement. 17. Any future building signage shall be subject to City Code standards. 18. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage 19. Trash storage shall be located within the garage building's garage area. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 19 Landscaping 20. The Final Landscape Plan shall be revised to increase the number of trees to provide the required 1 tree /500 s.£ ratio. The Landscape Pian graphic and schedule shall be reconciled to match. Proposed plant materials shall utilize more evergreen plantings. 21. The Final Landscape Plan shall provide for landscaping around the base of the monument sign. Grading/Topography/Erosion Control 22. The grading plan shall be modified so no slopes exceed 3:1. 23. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 24. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 25. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 26. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 27. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. T Jti 1 i ti es 28. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 29. Fiber To The Premise Conditions: A. The applicant shall install two vaults (at their expense), one on the north side of the property along the ROW on Eagan Outlets Parkway and one on the south side of the property along the ROW on Cedar Grove Parkway. The vault size shall be at least 48"x36"x30". From each vault, the applicant shall install a minimum of 24" conduits with minimal or long sweeping bends that runs to the buildings MDF (Main Distribution Frame) closet. Planning Report — Affinity at Eagan, LLC December 22, 2015 Paee 20 B. From the buildings MDF closet, the applicant shall install a minimum of 24" conduits with minimal or long sweeping bends to all other IDF (Intermediate Distribution Frame) closets throughout the building. C. In all units within the development, the applicant shall install at least a lgbps Ethernet (Cat5e/Cat6 or fiber optic) connection to all livable spaces (i.e. kitchen, bedrooms and living room) that terminates in the LDF/MDF closet. D. The applicant shall submit a detailed low -voltage and/or electrical plan as part of its building permit, in a form acceptable to staff, depicting compliance with condition C above. Prior to receiving the final Certificate of occupancy, the applicant shall submit a certification to City staff that the low -voltage and/or electrical plan was built as designed and in compliance with condition C above. E. The applicant must select a service provider to install and provide fiber optic cabling into the MDF for high speed communication services with either AccessEagan or another provider. If AccessEagan is selected, the applicant shall enter into a service agreement in a form acceptable to the City Attorney. 30. The restoration of any streets and/or boulevards damaged during construction activities shall be restored in a manner acceptable to the City Engineer. Streets/Access/Pedestrian Circulation 31. The developer shall perform tura lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access location, in a manner acceptable to the City Engineer. 32. The developer shall extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. 33. The existing access to Nicols Road shall be removed and restored by the developer, in a manner acceptable to the City Engineer. 34. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site. 35. No construction equipment or vehicles shall use the parking garage during development of this site. 36. All perimeter construction fencing shall be installed a minimum of 5' behind the curb, or behind the trail/sidewalk if one is present. 37. All existing trails/sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities shall be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 21 38. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. Easements/Permits/Right-of-WaX 39. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 40. The applicant shall enter into an encroaclunent agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. 41. All entrance monuments shall be located outside all drainage and utility easements. 42. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site, in a form acceptable to the City Attorney. 43. The applicant shall provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilitation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. Parks and Recreation 44. Park dedication shall be satisfied through a cash dedication. The cash park dedication for proposed Lot 1 will be payable at the time of final plat at the rates then in effect. The cash dedication for proposed Lot 2 will be payable at the time of building permit at the rates then in effect. 45. Trail dedication for proposed Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. 46. Future development of proposed Lot 2 shall be subject to cash dedication at the time of development at the rates then in effect. To recommend approval of a Preliminary Subdivision to create two lots for development of a multi -family senior housing building and residential townhomes upon approximately four acres located at Cedar Grove Parking and Nicols Road, legally described as Outlot A, Paragon Addition. If approved the following conditions shall apply: Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 22 Standard Conditions i. The applicant shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, Cl, C2, C4, E1, F1, G1 2. The property shall be platted. Airport Noise 3. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. Lighting 4. Pole mounted light fixtures shall be not more than 20 feet high. 5. All site lighting shall be downcast and shielded. 6. Public street lights shall be installed, by the developer, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Building Materials/Architecture 7. The stucco siding shall be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. 8. Painted concrete is not an acceptable material. The exterior materials shall be revised to provide the stucco finish in place of the painted concrete on the lower levels. 9. Final Building Elevations at the time of Final Planned Development shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. 10. A materials palette shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. 11. The building shall provide consistent interior window treatments for windows that are visible from a public street or open space. 12. Individual entrances for each unit at street level shall be incorporated into the design of the future townhome development on Lot 2. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 23 Signage 13. The monument sign shall be constructed of masonry materials to match the principal building. A detailed sign plan shall be provided at the time of Final Planned Development demonstrating consistency with City Code standards. 14. The monument sign shall be relocated to achieve the minimum 10' setback and avoid placement within the easement. 15. Any future building signage shall be subject to City Code standards. 16. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage 17. Trash storage shall be located within the garage building's garage area. Landscaping 18. The Final Landscape Plan shall be revised to increase the number of trees to provide the required 1 tree /500 s.f. ratio. The Landscape Plan graphic and schedule shall be reconciled to match. Proposed plant materials shall utilize more evergreen plantings. 19. The Final Landscape Plan shall provide for landscaping around the base of the monument sign. Grading/Topo rg aphy/Erosion Control 20. The grading plan shall be modified so no slopes exceed 3:1. 21. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 22. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 23. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Planning Report — Affinity at Eagan, LLC December 22, 2015 Paae 24 24. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 25. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. Utilities 26. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 27. Fiber To The Premise Conditions: A. The applicant shall install two vaults (at their expense), one on the north side of the property along the ROW on Eagan Outlets Parkway and one on the south side of the property along the ROW on Cedar Grove Parkway. The vault size shall be at least 48"x36"00". From each vault, the applicant shall install a minimum of 24" conduits with minimal or long sweeping bends that runs to the buildings MDF (Main Distribution Frame) closet. B. From the buildings MDF closet, the applicant shall install a minimum of 24" conduits with minimal or long sweeping bends to all other IDF (Intermediate Distribution Frame) closets throughout the building. C. In all units within the development, the applicant shall install at least a lgbps Ethernet (Cat5e/Cat6 or fiber optic) connection to all livable spaces (i.e. kitchen, bedrooms and living room) that terminates in the LDF/MDF closet. D. The applicant shall submit a detailed low -voltage and/or electrical plan as part of its building permit, in a form acceptable to staff, depicting compliance with condition C above. Prior to receiving the final Certificate of occupancy, the applicant shall submit a certification to City staff that the low -voltage and/or electrical plan was built as designed and in compliance with condition C above. E. The applicant must select a service provider to install and provide fiber optic cabling into the MDF for high speed communication services with either AccessEagan or another provider. If AccessEagan is selected, the applicant shall enter into a service agreement in a foam acceptable to the City Attorney. 28. The restoration of any streets and/or boulevards damaged during construction activities shall be restored in a manner acceptable to the City Engineer. Streets/Access/Pedestrian Circulation 29. The developer shall perform turn lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access location, in a manner acceptable to the City Engineer. 30. The developer shall extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 25 31. The existing access to Nicols Road shall be removed and restored by the developer, in a manner acceptable to the City Engineer. 32. The applicant shall enter into a participation agreement with the City, in a form acceptable to the City Attorney, for maintenance of the trails adjacent to the site. 33. No construction equipment or vehicles shall use the parking garage during development of this site. 34. All perimeter construction fencing shall be installed a minimum of 5' behind the curb, or behind the trail/sidewalk if one is present. 35. All existing trails/sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities shall be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. 36. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. Easements/Pennits/Right of-WaX 37. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester , and consistent with the other developed areas along Cedar Grove Parkway. 38. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. 39. All entrance monuments shall be located outside all drainage and utility easements. 40. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site, in a form acceptable to the City Attorney. 41. The applicant shall provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilitation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. Parks and Recreation 42. Park dedication shall be satisfied through a cash dedication. The cash park dedication for proposed Lot 1 will be payable at the time of final plat at the rates then in effect. The cash Planning Report — Affinity at Eagan, LLC December 22, 2015 Page 26 dedication for proposed Lot 2 will be payable at the time of building permit at the rates then in effect. 43. Trail dedication for proposed Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. 44. Future development of proposed Lot 2 shall be subject to cash dedication at the time of development at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL A. financial Obligations 1, This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1, This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards, 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to Final plat approval. E. Permits 1, This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council, G. Tree Preservation and Mitiffation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Connnission and as allowed under the City's tree preservation ordinance and as approved by the City Council, H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L. Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2,1993 Revised: July 7, 2009 Revised:_ July 1, 2014 \//(\//z F O�S C� N C: 4 U O O �L a o � r N 3 r N N C r v N z O °- CL d U � �1arr „r M W.9!9 9!gn mm ® r i �i iiiit viii®��•,� � r `♦V+ 4.. 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The Preliminary Planned Development is consistent with the current Comprehensive Plan designation of Mixed Use. A rezone is proposed that will change the zoning classification from CGD — Cedar Grove District, to PD - Planned Development. Narrative: Rezone, PDP, Subdivision The rezone from CGD — Cedar Grove District, to PD — Planned Development, is consistent with overall character and desired conditions of the Cedar Grove District, with Outlot A specifically planned for high density multifamily residential. The general vicinity is located in the southeast corner of the major intersection of Highway 77 and Highway 13. Development within the immediate vicinity is mixed-use, including commercial, multifamily residential and single- family residential. Specifically, immediately north of the site is Eagan Outlets Parkway and a parking lot supporting the Eagan Premium Outlet Mall to the northeast. Immediately east is Cedarvale Drive, then a 1500 -stall parking structure. Further east is a remaining outlot then the brand new market rate apartment community, The Flats at Cedar Grove. To the south is Cedar Grove Parkway, followed by a new townhome development with single-family homes further south. Finally, to the west is Nicols Road followed by a Bus Rapid Transit stop and Park and Ride lot. Access to the site is excellent, with vehicular access planned to the north from Eagan Outlets Parkway and public streets on all four sides. The Preliminary Planned Development is comprised of two distinct housing types to be developed on separate parcels following subdivision of Outlot A. The western -most 1.34 acre land area is conceptually planned with for -sale townhomes. Up to four rows of attached townhomes are proposed and approximately 19 units are planned. It is expected that the Final Planned Development for the townhomes will occur in a second, later phase from the Affinity development, though both are being processed together in this Preliminary Planned Development. Affinity will proceed to the FDP process as soon as it is allowed with the intent of starting construction in the spring of 2016. The remaining 2.71 acres of site area to the east is planned for the Affinity at Eagan. Affinity will offer 173 units of market rate apartments for seniors 55 years of age or older. All improvements will be within one elevator -serviced building with an attached pool building. Living units will offer full kitchen and bathrooms, washer/dryers, and walk-in closets and monthly rent will cover all utilities, including WiFi Internet access. No meal service or care service will be offered directly by Affinity. However, numerous social activities will be encouraged and offered at common areas including a lounge, library, Internet cafe, game room, craft room, fitness room, movie theater and pub. The pool building will offer a heated indoor pool and spa, locker rooms, and an adjacent patio and gathering place. Affinity will provide one level of underground parking, one level of structured parking at grade, and a covered entry and turn -around with limited surface parking stalls. A total of 241 garage parking stalls are provided plus 7 surface stalls for a total of 248 parking stalls for 173 units, a parking ratio of 1.43 to 1.0. The building will be four stories of wood -frame construction on a concrete podium, for a total of five stories plus a basement. Existing utility infrastructure, including water, sewer, storin drainage and electricity, is adequate for all improvements contemplated by the Preliminary Planned Development. Public Benefit The public benefit of the Preliminary Planned Development is numerous. First, a for -sale townhome option is proposed providing reasonably affordable home ownership options on a site very well located. Public transportation provides direct access to the Mall of America in just five minutes. The location itself also provides shopping and amenities within walking distance at the Eagan Premium Outlets. Second, inclusion of the Affinity conununity creates a significant public benefit in that it provides a housing option for seniors that is in very short supply. Affinity fills a gap in the market between affordable senior apartment communities and traditional retirement housing. At affordable senior apartment communities, seniors must earn less than an area median income threshold in order to qualify to live at the deed -restricted property. For many seniors with ample savings or pensions, they over -qualify based on income and that housing cannot be an option. At traditional retirement housing, seniors pay rent for all-inclusive retirement living, including meals, housekeeping, transportation, etc., usually with rents starting in the range of $2,500 per month. Many seniors would enjoy the socialization available at a traditional retirement housing community, but may not want or need the additional services (the costs of which are mandatory). The solution is Affinity, an age -restricted, amenity -rich senior living option where seniors remain independent. Third, the development of over 290 residential housing units immediately adjacent to the Eagan Premium Outlets will provide a boost to the commercial businesses within the mall and in the surrounding neighborhood, ensuring the redevelopment of Cedar Grove will continue to be a success for the long term. Similarly, the public infrastructure, including the Bus Rapid Transit stop and Park and Ride facility, will likely be utilized more due to the new households to be developed. Fourth, the Preliminary Planned Development will create a useful planning transition between the commercial uses to the north and the singe -family, less intense uses to the south. The high- density multi -family Affinity and medium density townhomes are a perfect use between the two existing uses. Finally, the Preliminary Planned Development meets the objective of the Eagan Economic Development Authority by creating a diverse and dense multifamily residential development. Planning for Affinity could have as easily utilized all 4 acres of Outlet A. However, at the direction and desire of the Eagan Economic Development Authority, the Affinity development was condensed to the greatest extent possible to make room for additional development to the west. The proposed townhomes on the 1.34 acres to the west serve both to increase overall development capacity by increasing the unit count and to soften the bulk and scale of the Affinity building. Agenda Information Memo January 5, 2016, Eagan City Council Meeting NEW BUSINESS C. Rezoning — MN Autism Center/Ryan Companies Us, Inc Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from CGD, Cedar Grove District, to PD, Planned Development, upon approximately 0.75 acres located at the southeast corner of Silverbell Road and Nicols Road. Required Vote For Approval: ➢ Rezoning —At least three votes Facts: ➢ The City Council approved a Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development and Final Plat to allow a high school and school campus for property located at 2120 Silverbell Road at their meeting on August 18, 2015. ➢ City staff learned shortly before the City Council meeting that 0.75 acre parcel was under separate ownership and therefore was not included in the Rezoning, Planned Development and Plat approvals. ➢ The ownership of the 0.75 parcel has been resolved and, once rezoned, the Minnesota Autism Center will be able to include the remnant parcel with their 6.5 acre site. This was a condition of their Final Plat approval from August. ➢ The City Council directed staff to initiate a Rezoning of the remnant parcel at their regular meeting on November 17, 2015. ➢ The Advisory Planning Commission held a Public Hearing on the proposed rezoning on December 22, 2015 and did recommend approval. Issues: None 60 -Day Agency Action Deadline: None Attachments: (4) NBC -1 Location Map NBC -2 Draft December 22, 2015 APC Minutes NBC -3 Planning Report NBC -4 Report Exhibits m L Y Ij a 7E �x m L) U � LL 0 a O � T � O z = O a© U N R �O O ce 0 E w J C O Y N o O z; u o az o as � as 4a a a d � U m Y Ij �x O LL 0 O �f6 N O a© U N R �O y y C N N i C O Y N o O m <1Z a O LL 0 O N O U N R �O y y C N N i C O Y N o O o 4a o o LO m PLANNING REPORT CITY OF EAGAN REPORT DATE: December 3, 2015 APPLICANT: MN Autism Center City of Eagan CASE: 19-RZ-07-11-15 HEARING DATE: December 22, 2015 PROPERTY OWNER: MN Autism Center APPLICATION DATE: November 9, 2015 REQUEST: Rezoning PREPARED BY: Sarah Thomas LOCATION: SE corner of Silverbell Road and Nicols Road COMPREHENSIVE PLAN: QP, Public/Quasi-Public ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicants are requesting approval of a Rezoning from CGD, Cedar Grove District to PD, Planned Development for property upon 0.75 acres located at the southeast corner of Silverbell Road and Nicols Road. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject property is zoned CGD and is unplatted. The 0.75 acre remnant parcel was originally included as part of the proposed expansion of the MN Autism Center (to build a high school and athletic fields, approved in August 20 t 5) until it was determined that there was a title issue on the property. The title issue has been remedied. A condition of Final Plat approval for Tesseract 2" a Addition required the remnant parcel be incorporated into the overall plat. Planning Report — MN Autism Center remnant parcel December 22, 2015 Page 2 The Comprehensive Guide Amendment which was also considered by the City Council in August 2015, included the remnant parcel. At the time the City Council directed city staff to send the request to the Metropolitan Council, the 0.75 acres was included in the overall development. EXISTING CONDITIONS The 0.75 acre remnant parcel is located west of the recently approved high school complex for the MN Autism Center. No improvements are proposed upon this remnant parcel. EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed rezoning is compatible with the existing land use designation and zoning as the remnant parcel was intended to be part of the MN Autism Center school complex. SUMMARY/CONCLUSION The proposed rezoning is consistent with existing and anticipated land uses and the Comprehensive Plan designation of Public/Quasi-Public. The proposed rezoning will allow for the remnant parcel to be platted with the overall plat of Tesseract 2nd Addition. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from CGD, Cedar Grove District to PD, Planned Development for property upon 0.75 acres located at the southeast corner of Silverbell Road and Nicols Road. �\ ^� �� \\\�\��:�\ . �� . .. I. ..�: � «.«� � r& . � � � 3\ �� / « � y.� d� K> � «52:� 4 § \�\� :� { \ < � m:� �a � ! » e�� _ � c�� WWW. RYANC0MP.1N11:S.COM November 23, 2015 Ms. Sarah Thomas City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RYAN COMPANIES US, INC. 50 South'Penth Street, Suite 300 DVA Minneapolis, MN 55403-2012 "m"H` BVILDING LASTING RELATIONSHIPS 612-492-4000 tel 612-492-3000 fix RE: Minnesota Autism Center — Public Hearing Notice for Remnant parcel Dear Ms. Thomas Pursuant to our recent conversation regarding the public hearing notice required for the "remnant parcel" to be included in the Minnesota Autism Center (MAC) development, below is an explanation of why this parcel was not included in the original City approval process for rezoning and amending the comprehensive plan. As you know, our intention when we originally submitted applications for the PD, comprehensive plan amendment and rezoning was to include the existing facility and the two adjacent lots where the expansion was to take place. The existing facility and the adjacent lots were, at the time of submittal and are currently owned by MAC. However, during the development process, we learned that there was an unrelated shared interest in the remnant parcel. In order to preserve the project timeline, MAC and the City agreed to temporarily set aside the out lot while the shared interest was resolved and combine the parcels once this process was complete. The parcel consolidation was a condition of approval as the City understandably did not want an undeveloped parcel of land remaining left over after the development was complete. Since receiving full City approval for the project, construction has begun on site, we have completed the quiet title process and we have begun taking steps to consolidate the parcels and finalize the plat consistent with the original intent. If additional information is requested or questions arise, I'm happy to address them directly. Sincerely, Dan Mueller Director of Development Ryan Companies US, Inc. 612.492.4867 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JANUARY 5, 2016 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Joint Powers Agreement with CDA for Open To Business Program D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo January 5, 2016 Eagan Economic Development Authority Meeting 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. GRde14a11exelR Q 4.11 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. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC1-1 Minutes of the November 30, 2015 EDA meeting. 2. APPROVE JOINT POWERS AGREEMENT WITH CDA FOR OPEN TO BUSINESS PROGRAM — Since 2013, participating Dakota County cities have entered into a service agreement with the Dakota County CDA to implement an Open to Business program in the County. Service for this program in provided by the Metropolitan Consortium of Community Developers (MCCD). Under the program, MCCD staff provides business consulting and finance services to interested businesses or prospective entrepreneurs, helping them prepare business plans, develop their management systems, perform other analyses and apply to secure financing from either MCCD or other sources. The Joint Powers Agreement allows the Dakota County CDA and cities to jointly exercise their common economic development powers to undertake the Program. Pursuant to the Joint Powers Agreement, the Local Government Entities are required to pay a Participation Fee to the CDA. Total cost of the program is $140,000 with the CDA covering $76,250 and the participating cities covering $63,750. Eagan's portion is $7,500. The substance of the agreement remains mostly unchanged from 2015; however, the CDA will cover an additional $5,000 in 2016 for increased marketing and lending assistance provided by MCCD. The JPA is attached for review. EDAC2-1 Joint Powers Agreement D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS There are no New Business items at this time. F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 30, 2015 A meeting of the Eagan Economic Development Authority was held on Monday, November 30, 2015 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hohenstein. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of November 17, 2015. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this "Agreement"), is made as of January 1, 2016, by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the "CDA"), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "State"), and each of the CITY OF BURNSVILLE, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, CITY OF SOUTH ST. PAUL, AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a "Local Government Entity" and together the "Local Government Entities"), each a political subdivision of the State. RECITALS: A. In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non-profit corporation ("MCCD") to undertake the "Open To Business Program" (the "Program") within Dakota County (the "County"). B. Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C. The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1. Representations. Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a) It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. Joint Powers Agreement (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the "Agreement") to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4. Limited Liability. Neither the CDA nor the any of the Local Government Entities shall be liable for the acts or omissions of the other in connection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. 2 Joint Powers Agreement Section 6. Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2016. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [Remainder of page intentionally left blank] Joint Powers Agreement IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written, with actual execution on the dates set forth below. Dated: Notice Address: DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By Its Acting Executive Director Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Lisa Alfson, Director of Community and Economic Development S-1 Joint Powers Agreement Dated: January 5, 2016 Notice Address: 3830 Pilot Knob Road Eagan, MN 55122 Attn: Ton Hohenstein EAGAN ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director S-2 Joint Powers Agreement Exhibit A Contract for Services for the Open To Business Program A- 1 Joint Powers Agreement Contract for Services for the Open to Business Program THIS AGREEMENT is dated January , 2016 and is between the Dakota County Community Development Agency ("CDA") and Metropolitan Consortium of Community Developers, a Minnesota nonprofit corporation ("MCCD"). WHEREAS, the CDA, on behalf of itself and the eleven political subdivisions of the State of Minnesota listed on Exhibit A hereto (the "Local Government Entities"), which each have powers with respect to a city with a population over 10,000 (collectively the "Municipalities"), wishes to engage MCCD to render services under a model known as "Open to Business," an initiative providing small business technical assistance services to existing businesses and residents and other parties interested in opening a business within Dakota County (the "County") (the "Initiative"); and WHEREAS, MCCD has successfully provided the services required to administer and carry out the Initiative in Dakota County in 2013, 2014, and 2015; and WHEREAS, pursuant to CDA Resolution No. 15-5655, adopted on December 15, 2015 (the "Resolution"), the CDA is authorized to enter into this agreement with MCCD for the Initiative; and WHEREAS, pursuant to the Resolution and certain joint powers agreements to be entered into between the CDA and the Local Government Entities (the "Joint Powers Agreements"), the CDA will act as fiscal agent for the Local Government Entities in connection with this Agreement; and WHEREAS, the CDA will pay from its own funds 50% of the fee charged by MCCD for the Initiative in the Municipalities and 100% of the fee charged by MCCD for the Initiative in the small cities and townships within the County with populations of less than 10,000 people ("Small Cities and Townships"), as further described herein and in Exhibit A; and WHEREAS, the CDA will pay from its own funds the $5,000 increase in 2016 to support the increased marketing and lending support that will be led by MCCD, as further described herein and in Exhibit A and WHEREAS, pursuant to the Joint Powers Agreements, the Local Government Entities will be required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A, representing the remaining 50% of the fee charged by MCCD for the Initiative in the Municipalities. Now therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TIME OF PERFORMANCE The term of this Agreement and the period during which MCCD will provide services hereunder will commence on January 1, 2016 and will end on December 31, 2016, subject to earlier termination as provided herein. MCCD will perform services necessary to carry out the Initiative as promptly as possible, and with the fullest due diligence. COMPENSATION Subject to reduction as provided below, the CDA will compensate MCCD for its services hereunder an amount equal to One Hundred Forty Thousand Dollars ($140,000) ("Contract Amount"). The CDA will pay such amount in two equal installments, the first no earlier than January 30, 2016 and the second no earlier than June 30, 2016, upon receipt of invoices from MCCD. Subject to the limits above, payments will be due within 15 days of receipt of the respective invoices. The portion of the Contract Amount payable from Participation Fees will be payable by the CDA only from and to the extent such Participation Fees are paid by the respective Local Government Entities. In the event a Local Government Entity does not pay to the CDA its Participation Fee in amounts and by the deadline described in Exhibit A, the CDA will notify MCCD, and MCCD will immediately cease the Initiative in that Municipality. Upon such termination, the Contract Amount will be reduced by an amount equal to the Participation Fee which such Local Government Entity did not pay and the amount the CDA would have paid as a matching payment. SCOPE OF SERVICES MCCD will provide technical assistance to existing businesses, residents and those parties interested in starting a business in any of the Municipalities and Small Cities and Townships as further described on Exhibit B and Exhibit C attached hereto, which sets forth the Dakota Open to Business Program Scope of Services. REPORTING MCCD will submit quarterly reports to the CDA in form and substance acceptable to the CDA. Reports will provide information in the aggregate for the County and will include a sub -report for each Municipality and each of the Small Cities and Townships. Reports will include the following information: ➢ Number of inquiries ➢ Hours of technical assistance provided ➢ Type of assistance provided ➢ Type of business ➢ Annual sales revenue ➢ Number of businesses opened ➢ Number of business expanded/stabilized ➢ Number and amounts of financing packages ➢ Demographic information on entrepreneurs ➢ Business address or resident address ➢ Number and wage of FTEs created ➢ Number and wage of FTEs retained The required reporting schedule is as follows: 1st quarter January — March, report due April 30th 2nd quarter April — June, report due July 3 lst 3`d quarter July — September, report due October 31st 01 quarter October — December, report due January 31, 2017 In addition to the foregoing, MCCD will provide additional reports as reasonably requested by the CDA. PERSONNEL MCCD represents that it has, or will employ or contract for, at its own expense, all personnel required to perform the services necessary to carry out the Initiative. Such personnel will not be employees of, or have any contractual relationship with, the County, the CDA or any of the Local Government Entities. No tenure or any other rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to the County's, the CDA's or any of the Local Government Entities' employees shall accrue to MCCD or employees of MCCD performing services under this agreement. The MCCD is an independent contractor. All of the services required to carry out the Initiative will be performed by MCCD and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. USE OF CDA OFFICE SPACE The CDA will make available a cubicle space for MCCD personnel at the CDA office building for use by MCCD in carrying out the Initiative. MCCD personnel will have access to the CDA's meeting rooms, wireless internet service, copy machines and printers. MCCD personnel shall comply with all CDA office rules and policies regarding the use of CDA office space, equipment and internet access. If the CDA, in its sole discretion, determines that MCCD Personnel have failed to comply with CDA office rules and policies, MCCD Personnel will be required to vacate the CDA office and the CDA will cease to provide MCCD office space to carry out the Initiative. INTEREST OF MEMBERS OF THE CDA AND OTHERS No officer, member, or employee of the CDA and no member of its governing body, and no other public official or governing body of any locality in which the Initiative is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Initiative, will participate in the decision relating to this Agreement which affects his/her personal interest or the interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement. ASSIGNABILTY MCCD will not assign any interest in this Agreement, and will not transfer any interest in the same without the prior written approval of the CDA. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal laws, statutes and applicable regulations of the State of Minnesota and the ordinances of the Local Government Entities. INSURANCE MCCD agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force the following insurance coverages: Limitq Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage 1,500,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory In the event that MCCD should hire employees or subcontract this work, MCCD shall obtain the required insurance. Employer's Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 INDEMNIFICATION MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local Government Entities, and each of their respective officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of MCCD, its subcontractors, anyone directly or indirectly employed by MCCD or any of its subcontractors, and/or anyone for whose acts and/or omissions MCCD may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of MCCD to perform any obligation under this Agreement. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD, is addressed or delivered personally to: Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the CDA is addressed or delivered personally to: Lisa Alfson, Director of Community and Economic Development Dakota County Community Development Agency 1228 Town Centre Dr. Eagan, MN 55123 or at such other address with respect to any party as that party may designate in writing and forward to the other as provide in the Section. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. NON-DISCRIMINATION In connection with its activities under this Agreement, MCCD will not violate any Federal or State laws against discrimination. DEFAULT AND CANCELLATION Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute a default hereunder. Unless MCCD's default is cured within 15 days following notice by the CDA, the CDA may (i) cancel this Agreement in its entirety by 5 additional days' written notice to MCCD, or (ii) withhold payment from MCCD as long as such default continues. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By: Acting Executive Director Date: MCCD By: Printed Name: Printed Title: Date: Exhibit A Local Government Entity Participation Fee Schedule Municipality Local Government Total CDA Local Government Entity Fee Share of Entity Participation Fee Fee Due 1/30/16 Eagan Economic Development Eagan Authority $15,000 $7,500 $7,500 City of Burnsville Burnsville $15,000 $7,500 $7,500 City of Lakeville Lakeville $15,000 $7,500 $7,500 Apple Valley Economic Apple Valley Development Authority $15,000 $7,500 $7,500 Inver Grove Heights Economic Inver Grove Development Authority $12,500 $6,250 $6,250 Heights Hastings Economic Hastings Development and $10,000 $5,000 $5,000 Redevelopment Authority Rosemount Port Authority Rosemount $10,000 $5,000 $5,000 Farmington Economic Farmington Development Authority $10,000 $5,000 $5,000 South St. Paul Housing and South St. Paul Redevelopment Authority $10,000 $5,000 $5,000 West St. Paul Economic West St. Paul Development Authority $10,000 $5,000 $5,000 Mendota City of Mendota Heights $5,000 $2,500 $2,500 Heights Small Cities n/a $7,500 $7,500 $0 and Townships Additional Assistance with increased $5,000 $5,000 contract cost marketing and lending support Total $140,000 $76,250 $63,750 Exhibit B Dakota Open to Business Program Scope of Services Open to Business ("OTS") Technical Assistance Services MCCD will provide intensive one-on-one technical assistance to Municipalities' and Small Cities' and Townships' businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County (the "County"). MCCD will dedicate one full time staff person based in the County to provide the Technical Assistance Services ("Dakota OTB Staff'). In addition, MCCD will make available the expertise of all MCCD technical and support staff in the delivery of services to Dakota Open to Business Program. Technical assistance includes, but is not limited to, the following: ➢ Business plan development ➢ Feasibility analysis ➢ Marketing ➢ Cash flow and other financial projection development ➢ Operational analysis ➢ City and State licensing and regulatory assistance ➢ Loan packaging, and other assistance in obtaining financing ➢ Help in obtaining competent legal advice MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various Municipality city halls or at the client's place of business. MCCD Dakota OTB Staff will provide technical assistance on a walk-in basis monthly in each Municipality, if requested. MCCD will also hold two-hour "Test Drive Your Business Idea" sessions once a month in various Municipality locations. Open to Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business Loan Program (see Exhibit C Small Business Loan Program Guidelines below). MCCD also provides it's financing in partnership with other community lenders, banks or Local Government Entities interested in making capital available to residents and/or businesses in their community. EXHIBIT C Small Business Loan Program Guidelines Loan Amounts: • Up to $25,000 for start-up businesses • Larger financing packages for established businesses • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eligible Projects: • Borrowers must be a "for-profit" business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest hates: • Loan interest rate is dependent on use, term and other factors, not to exceed 10%. Loan Term Length: • Loan repayment terms will generally range from three to five years, but may be substantially longer for major asset financing such as commercial property. Fees and Charges: • Borrowers are responsible for paying all customary legal and other loan closing costs.