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07/18/2006 - City Council Regular (2)
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 18, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE H. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA • A. APPROVE MINUTES 1" o B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS D'ADOPT Proclamation recognizing August 1, 2006 as National Night Out P E. APPROVE Resolution allowing the City of Eagan to continue participation in the Dakota County Safety Program • F. through 2007, APPROVE the sale of 3 Cairns Thermal Imaging Cameras to the City of Frazee Fire Department G. APPROVE a Resolution outlining the terms of a revolving internal loan in connection with the Southeast Eagan Tax Increment Financing District Number 1. H. APPROVE a proposal from the Stanton Group to provide actuarial services to value post employment benefits. PI. APPOINT Jason Ziemer, Administrative Intern, as an alternate to the Minneapolis -St. Paul Airport Noise Oversight Committee (NOC). Fe J. APPROVE MnDOT Traffic Signal Agreement for Cliff Road at TH 77 & I -35E P K. APPROVE "No Parking" Resolution, TH 149 (Wescott Road -to TH 55) & Holiday Lane (TH 55 to Courthouse L. Lane) APPROVE Wetland Replacement Plan for Project 778, TH 149 Upgrade P• 3 M. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 04-G (Schwann Addition) ;RN. APPROVE off -sale liquor license for K -Liquor, Inc., dba K -Liquor, 1274 Lone Oak Road - 0. -APPROVE temporary on -sale -liquor -license and waive license fee for the Southwest Area YMCA - — - - P. APPROVE Tree Maintenance Contractor License for Catracho's Tree Service, 3741 2nd Ave. S., Minneapolis, MN Q. APPROVE Change Order No. 3 for Contract 06-02, City -Wide Street Overlays • D R. APPROVE Easement Acquisition, Cliff Lake Centre — Access to Cliff Lake V. PUBLIC HEARINGS A. PROJECT 938, Nicols Road (Pin Oak Drive to Cliff Road) — Sidewalk Improvements (Cont'd. from 6-6-06) B. PROJECT 858, Sibley Terminal Industrial Park — Storm Sewer Improvements / r8 C. PROJECT 929,.Red Pine Lane/Gun Club Road — Street Improvements P.13q D. VACATE Public Right -of -Way — Gun Club Road �•�E. VARIANCE — A Variance for the setback to the public right-of-way from Pilot Knob Road and a Variance for a trash enclosure located at 1379 Town Centre Dr. on Lot 1, Block 1, Town Centre 70 Sixth Addition in the NW '/< of Section 15. VI. OLD BUSINESS VII. NEW BUSINESS f. 15 Z. A. PRELIMINARY Subdivision — Eagan Hills Alliance Church — A Preliminary Subdivision of 10.26 acres to create 2 lots located at 760 & 700 Diffley Road on Lot 1, Block 1, Praise Lutheran Church 2nd Addition and Lot 1, Block 1, Sunset Twelfth Addition located in the NW '/o of Section 25. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. DIRECT the Airport Relations Commission (ARC) to enter into discussions with the City's Legislative delegation and the other communities within the 65 dB DNL contour regarding legislation that addresses the cities' representation on the Metropolitan Airports Commission (MAC). P• 11Q IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT - Nicols Ridge — Request for Extension of Occupancy Agreement, MEI Distribution Solutions, 4040 Cedar Grove Parkway 1'1 2. CEDAR GROVE REDEVELOPMENT DISTRICT— Approve Purchase Agreement for 3912-3914 Cedarvale Drive (Buildings A and B), Lyndon Nelson Property 3. CEDAR GROVE REDEVELOPMENT DISTRICT — Resolution to Approve an Amendment of the Core Area TIF Development Agreement between the City of Eagan and Schafer Richardson P'! C) F. OTHER BUSINESS l G. ADJOURNMENT X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eaian �euu TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 149 2006 SUBJECT: AGENDA INFORMATION FOR JULY 18, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 18, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 6, 2006 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the June 20, 2006 regular City Council meeting and the June 13, 2006 Special City Council meet as presented or modified. ATTACHMENTS: • Minutes ?A the June 20, 2006 regular City Council meeting are enclosed on pages 3 through • Minutes of the June 13, 2006 Special City Council meeting are enclosed on pages la through 1-. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 6, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councihnembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on July 6, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Mayor commended the organizers of the Fourth of July celebration for their work and excellent event. CONSENT AGENDA Item G was pulled for discussion. It was noted that item L would be removed from the Consent Agenda and discussed during the closed session. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the consent agenda,. _ _Aye; 5 Nay_0_ ..._ A. Minutes. It was recommended to approve the minutes of the June 20, 2006 City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Leslie Chemielewski as a Planning Intern C. Check Re isg ters. It was recommended to ratify the check registers dated June 22, 2006 and June 29, 2006 as presented. D. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Prime Cut Tree Service, 756 Jackson Street, St. Paul. E. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Julie Bunde (All About You Salon), 525 Diffley Road. F. Project 778. It was recommended to approve a Record of Decision for Environmental Assessment / Worksheet for Project 778 (Trunk Highway 149 — Street Upgrade) of a Negative Declaration on the need for an Environment Impact Statement (EIS). G. Street Name Chance. Pulled for discussion H. City Project 03-0. It was recommended to acknowledge the completion of improvements for City Project No. 03-Q (Wentworth Park) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. I.. Telecommunications Lease Agreement It was recommended to approve the telecommunication lease agreement with Cingular Wireless for an antenna installation on the Yankee Doodle Reservoir at 760 Yankee Doodle Road, Eagan, MN and authorize the Mayor and City Clerk to execute all related documents. J. Tachsight Thermal Imager. It was recommended to accept a grant award of a thermal imager from Commercial Equipment Direct Assistance Program (CEDAP). K. Extension for Recording Final Plat. It was recommended to approve an extension to October 9, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE '/, of Section 4. L. Sale of Remnant,Property. Consideration of the sale of remnant City property (Parcel 10-03600-020-82) to Revestors, Inc. Removed —Discussion to be held at closed session Eagan City Council Meeting Minutes July 6, 2006 Page 2 M. Change in Address — Off Sale Liquor License - It was recommended to approve a change in address on the off -sale liquor license for Black Diamond Liquor, LLC, dba Black Diamond Liquor, from 525 Diffley Road, Suite 1030 to Suite 2050. N. License and User Agreement - It was recommended to approve a license agreement with Davey Tree Expert Company for company to use specified city photos of Eagan's Grandfather Tree with proper credit and authorize the Mayor and Clerk to sign' all necessary documents. O. Comprehensive Guide Plan Amendment Rezoning Preliminary Subdivision Conditional Use Permit and Variance - It was recommended to implement a Comprehensive Guide Plan Amendment to change the land use designation upon 4.34 acres from QP (Quasi -Public) to LD (Low Density) residential located west of I- 3 5E and south of Deerwood Drive in the SW '/4 of Section 21. G. Street Name Change= street name change of Baffin Trail / Delaware Trail to Argenta Trail. Donn Kirchgatter spoke in favor of the name change of Baffin Trail / Delaware Trail to Argenta Trail. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the street name change of Baffin Trail / Delaware Trail to Argenta Trail. Aye: 5 Nay: 0 PUBLIC HEARINGS OUTLOT A, EAGAN WOODS OFFICE ADDITION RIGHT OF WAY VACATION City Administrator Hedges introduced this item regarding the.vacation of a portion of public right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition. Public Works Director Colbert gave a staff report. Mayor_Geagan. opened the public hearu►g.. There be no public comment, he closed the public hearing and turned _ _._ discussion back to the Council. Councilmember Maguire moved, Councihnember Tilley seconded a motion to approve the vacation of a portion of public right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE TO EXCEED LOT COVERAGE AT 1746 GALAXIE COURT ART AND CHAR LUNOW City Administrator Hedges introduced this item regarding a request for a variance to exceed 20 percent lot coverage by 2.7 percent for an addition to the principal structure at 1746 Galaxie Court. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing Kathy Johnson, adjoining property owner, expressed concern that a precedent would be set should the variance for additional lot coverage be granted. She requested, that should the variance be approved, additional landscaping / screening be required. Art and Char Lunow, applicants discussed the requested variance and plans for a porch addition. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councihnembers concurred that given the vegetation surrounding their home, the porch addition would not be visibly intrusive to the neighboring property owners. They firther agreed that due to the house having a door that currently does not lead out to a structure, the addition of the porch would be an improvement to the overall appearance of the house. 4 Eagan City Council Meeting Minutes July 6, 2006 Page 3 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Variance to exceed 20 percent lot coverage by 2.7 percent for an addition to the principal structure at 1746 Galaxie Court; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted.by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Total building coverage shall not exceed 22.7 percent. OLD BUSINESS ORDINANCE AMENDMENT OF THE CITY OF EAGAN AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.12, SUBD. 7(D), REGARDING REGULATION OF HARBORING CARRIER PIGEONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 City Administrator Hedges provided background information regarding an ordinance amendment regulating the harboring of carrier pigeons. He noted that this issue had been previously discussed at the March 6, 2006 City Council meeting and the June 13, 2006 Special City Council meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment amending Eagan City Code Chapter 10 entitled "Public Protection, Crimes and Offenses" by amending Section 10. 12, Subd. 7(d), regarding regulation of harboring carrier pigeons; and by adopting by reference Eagan City Code Chapter 1 and Section 10.99; and the moratorium on prohibiting consideration of the issuance of pigeon harboring _.. _ licenses will be lifted, at the time of publication of the ordinance amendment. Aye: 5 Nay 0 _.. PLANNED DEVELOPMENT AMENDMENT — JOE KOHAUT (VIVA ITALIA) (REQUEST FOR MODIFICATION) City Administrator Hedges introduced this item regarding a request for modification to conditions regarding reserved parking signs in conjunction with a Planned Development Amendment to add patio dining to the Viva Italia restaurant at 1629 Lena Court. City Planner Ridley provided background information, noting that the applicant has approached other tenants of the shopping center regarding the removal of the reserved parking signs and they have been unwilling to amend their leases. After discussion, Council concurred that the reserved parking signs should not be allowed after the expiration of existing leases. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the request for modification to conditions regarding reserved parking signs in conjunction with a Planned Development Amendment to add patio dining to the Viva Italia restaurant at 1629 Lena Court with an additional condition that the, reserved parking signs come down at the time of expiration of existing leases and that no additional reserved parking signs are allowed. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (GOPHER COMMONS) GOPHER RESOURCES City Administrator Hedges introduced this item regarding a preliminary subdivision of 21 acres to create 3 lots and one outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes July 6, 2006 Page 4 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision of 21 acres to create 3 lots and one outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW '/. of Section 13, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 2, 3, 4, C1, 2, 3, D1 and El. 2. The property shall be platted. 3. The designer of the erosion/sediment control plan required under the MPCA permit shall be certified through a state erosion/sediment control design training course, such as offered by the Minnesota Department of Transportation, or a City -approved equal erosion/sediment control design training course. 4. The developer shall be responsible for acquiring permit approval from Canadian Pacific Railroad to allow the discharge of storm water and construction activity within railroad right -of --way prior to Final Subdivision approval. 5. The developer shall reduce the amount of discharge to one point, and provide sufficient storm flow energy dissipation so as not to erode areas within the railroad right-of-way ditch, as approved by City staff. 6. The developer shall construct an outlet skimmer on the proposed storm water basin, in accordance with City. standards. 7. This developer shall meet all conditions of plat approval and permit approval as required by Dakota County. 8. The developer shall provide a private ingress/egress easement in favor of the West Publishing property providing for future use of the private street within the development, as approved by the City Attorney. 9. The developer shall provide cross easements for parking and access in a form acceptable to the City Attorney. -- - - — - - 10 --The developer-shall-be-responsible.for-.acquiring.permit.approval.from.MagellanPetroleum.for all _.,...._- development work within the pipeline easement on the property. 11. The developer shall be responsible for acquiring permit approval from the MN Department of Transportation for all work within Highway 149 right -of -.way, prior to final subdivision approval. 12. If the Outlot is not buildable it shall be combined with Lot l at Final Subdivision, the developer shall make this determination. 13. This development shall be responsible for a cash parks and trails dedication. 14. The applicant shall fulfill the required tree mitigation through the installation of forty-two (42) Category B trees, or an equivalent combination of Category A, B or C trees. 15. To meet water quality requirements, one pond shall be constructed to treat stormwater from 20 acres. It shall have minimum wet -pond volumes and areas according to stormwater runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed to treat stormwater from 20 acres. It shall have minimum wet -pond volumes and areas according to stormwater runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed according to NURP standards with a maximum depth of 10 feet and a 10:1 aquatic bench from normal water level. 16. In lieu of ponding to treat stormwater runoff from 2.8 acres, a cash dedication should be required. 17. Final Planned Development review is required for development of these lots. 18. Any outdoor storage would require a Planned Development Amendment. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMIARY PLANNED DEVELOPMENT AND VARIANCE — SUNRISE PROPERTIES City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Density Residential) to HD (High Density Residential) of approximately 5.1 acres; a rezoning from A, Agriculture and R-4, Residential, Multiple, to PD, Planned Development; a preliminary planned development to create a 107 unit apartment building upon 6.8 acres; all located at 2101 Wuthering Heights Road and adjacent property south of 2099 Silver Bell Road; and a variance of 30 feet to the required 50 -foot X Eagan City Council Meeting Minutes July 6, 2006 Page 5 setback from a public right-of-way for the existing apartment building on 2099 Silver Bell Road. City Planner Ridley gave a staff report. ' Theresa Haglund, Sunrise Properties, was present to answer questions of the Council. A brief discussion was held. Councilmember Carlson moved, Councilmember Fields seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Denisty) to HD (High Density Residential) of approximately 5.1 acres located at 2101 Wuthering Heights Road in the SE '/4 of Section 18. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning from A, Agriculture and R4, Residential, Multiple, to PD, Planned Development of 6.8 acres located at 2101 Wuthering Heights Road and adjacent property south of 2099 Silver Bell Road in the SE 1/4 of Section 18. Aye: 5 Nay: 0 Councihnember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to create a 107 -unit apartment building upon 6.8 acres located west of Silver Bell Road and Highway 13 in the SE 1/4 of Section 18, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 3. The property shall be platted prior to issuance of any building permits. 4. Architectural design and construction methods for construction of the apartment building shall incorporate - - - - - -- - sound attenuation standards sufficient to -achieve -an interior sound.level of 45 ABA. _ ... ---_-- _.. 5. The remnant Outlot A of Lot 1, Block 1, Vogelpohl Addition shall be included in the right-of-way easement area. 6. R-4, Residential Multiple setbacks shall apply to this development except as noted otherwise. 7. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance With current City standards and codes prior to final plat and planned development approval. 8. 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. 9. 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. 10. The developer shall construct an outlet skimmer structure, in accordance with City engineering standards, on the outlet from the proposed pond. 11. The proposed public street shall be constructed to City engineering standards. 12. The developer shall acquire the necessary public drainage & utility easement to cover the proposed storm sewer pipe and pond expansion on Lot 1, Block 1, Cedar Bluffs Business Center, prior to final plat and Final Planned Development approval. The easement shall be in a form acceptable to the City Attorney. 13. The developer shall acquire the necessary public street easement from Lot 1, Block 1 Vogelpohl Addition to. cover the proposed street extension, prior to final plat and planned development approval. The easement shall cover the necessary street extension and include .the area shown as Outlot A within Vogelpohl Addition on the preliminary site plan. The easement shall be in a form acceptable to the City Attorney. 14. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 15. This development shall provide all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required bythe appropriate jurisdictional agency, in a form acceptable to the City Attorney. 16. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. Eagan City Council Meeting Minutes July 6, 2006 Page 6 17. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 18. The developer shall provide a financial guarantee and inspection escrow, in amounts and types in accordance with City final subdivision procedures and policies, for the public street and utility work for the development, prior to final plat and planned development approval. 19. The developer shall provide as -built record plans of all public streets and utilities, in a form acceptable to the City Engineering Department, at the completion of the development and before occupancy of the proposed building. 20. Two ponds should be utilized to treat stormwater runoff as proposed. The ponds should have dimensions acceptable to City standards. 21. The developer shall fulfill tree mitigation requirements through the installation of one hundred three (103) Category B trees, and a cash payment of $22,500.00. 22. The developer shall protect preserved trees' 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 Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 23. The developer 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. 24. The developer shall demonstrate compliance with recreational space requirements and interior storage space requirements prior to Final Planned Development approval. 25. The developer shall revise the Landscape Plan to preserve proof of parking areas for future use and maintain visibility along the drive lanes. 26. The Landscape Plan shall be revised prior to Final Planned Development approval to address the following: a. Review placement of trees on the slope west of the building to ensure that planting and. maintenance can be accomplished. b......- Substitute_tall.deciduous..trees for conifers. on.the_west.,side_of the_building..... __ .. c. Maintain visibility along the drive lanes d. Substitute shorter ornamental trees near the patio so as not to obstruct emergency access to the upper floors of the building. 27. The applicant shall enter into a maintenance agreement with the City for perpetual maintenance of the landscaping within the right of way area south of the new public street. The Final Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 28. The monument sign shall be permitted in the right-of-way easement adjacent to Silver Bell Road, and shall be set back at least 10 feet from all property lines. The applicant shall enter into a maintenance agreement with the City for perpetual maintenance of the monument sign and right of way area. 29. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the planting plan to ensure the two do not conflict. Any conflicts shall be resolved and reflected on the Final Site Lighting plan required for the Final Planned Development application, and shall be subject to review and approval by City staff. 30. The developer shall have the lighting engineer should also verify that the sidewalk areas are sufficiently lit for safety and security purposes, and add pedestrian level lighting if necessary. Security and safety lighting shall be shown on the Final Site Lighting Plan required for Final Planned Development approval, and shall be subject to review and approval by City staff. 31. This proposal shall be responsible for a cash parks and trails dedications payable at the time of final plat at the rates then in effect. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve ,a Variance of 30 feet to the required 50 -foot setback from a public right of way for the existing apartment building on 2099 Silver Bell Road from the new public,street to serve the proposed Kennealy Ridge apartment development. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT — PARK NICOLLET City Administrator Hedges introduced this item regarding a planned development amendment to allow a pylon sign on Plaza Drive which contains a 20,000 medical facility. City Planner Ridley gave a staff report. 50: Eagan City Council Meeting Minutes July 6, 2006 Page 7 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff 3'd Addition in the NW '/4 of Section 32 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute and record a Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. A sign permit shall be obtained prior to sign placement and the proposed pylon sign shall meet all City Code requirements including spacing and size limitations. Sign face area shall be limited to 125 square feet per side. 3. The pylon sign shall serve as the subject site's identification signage form I -35E and the existing building signage located on the rooftop mechanical screen wall • shall be removed. 4. A Landscape Plan, illustrating the location of landscaping to be removed and replaced, shall be submitted. Mayor Geagan recessed the regular City Council meeting to immediate convene a meeting of the Economic Development Authority at 7:30 p.m. The regular City Council meeting was reconvened at 7:35 p.m. ADMINISTRATIVE AGENDA There were no action items under the Administrative Agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. _ ....... The.meeting was -recessed into. closed_session_at 7:.4.O.p.m...._, _ ._.__..._. _ . _ -__ _-- _. _.... _.. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, .age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL RETREAT TUESDAY JUNE 139 2006 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Maguire, and Tilley. Councilmember Fields was not present. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Colbert and Communications Director Garrison. L ROLL CALL AND ADOPTION OF AGENDA At the request of City Administrator Hedges, under Other Business the Council added; Discussions regarding the need for a new Alternate to the DCC, the Community Center Reader Board, and the new Captain's Course Miniature Golf at Cascade Bay. H. SCHOOL DISTRICT 191 UPDATE / SCHOOL BOARD CHAIR MORRISON AND SUPERINTENDENT KANNINEN Mayor Geagan welcomed Chair Morrison and Superintendent Kanninen to the meeting. Dr. Kanninen noted the School Board's desire to meet with the communities served by District 191. School Board Chair Morrison provided an update to the City Council regarding the highlights and goals of the School District. Morrison summarized the accomplishments and challenges before the School District. Councilmember Maguire arrived at 5:40 p.m. Chair Morrison, Dr. Kanninen and the City Council discussed the current happenings at the district and the impact of lost state aid on the school district. The City Council commended the two for the accomplishments of District 191, and Mayor Geagan thanked them both for attending the City Council meeting to provide an update. IIl. TECHNOLOGY WORKING GROUP CHECK-IN AND CONDUIT ROUTE ANALYSIS City Administrator Hedges introduced the item noting that per the direction of the City Council, the Technology Working Group's priorities for 2006 included reporting back to the City Council on recommendations for the highest and best use for an 11.5 -mile conduit route that Eagan owns, conducting a technology survey of citizens, determining recommendations regarding wireless needs, and deciding how to attract world class internet speeds to Eagan. Hedges added that in )D November 2005, the City Council approved hiring a consultant to provide the City and the Working Group with the specific market analysis regarding the best use options for the conduit. Communications Director Garrison addressed the City Council summarizing the work of the Technology Working Group to date. Garrison noted that the purpose of tonight is for the Technology Working Group to provide a brief overview of the technology survey findings. Garrison introduced Technology Working Group members Drew Gallagher, Director of Voice and Data Convergence for Blue Cross Blue Shield of Minnesota, and Eagan resident Jim Moeller, a technology market research consultant. Mr. Gallagher and Mr. Moeller summarized the recent efforts of the Working Group and specifically its review of the consultant's conduit recommendations. The City Council and members of the Technology Working Group who were present discussed the conduit analysis and the various options before the City. Mayor Geagan also recognized members of the Technology Working Group who were in the audience. Per the recommendation of the Technology Working Group, Councilmember Tilley moved, Councilmember Carlson seconded a motion to refer the technology survey results and conduit route analysis to the City Council's Communications Committee for further discussion regarding the public policy issues and a suggestion as to a process for bringing back the issue to the full City Council. Aye: 4; Nay: 0 The City Council recessed at 6:25 p.m. and reconvened at 6:40 p.m. IV. PIGEON HARBORING LICENSING ORDINANCE Per the consensus of the City Council, due to the large number of residents interested in the pigeon harboring licensing, the item was moved up on the City Council's agenda for the evening. City Administrator Hedges introduced the item noting that on February 21, 2006 the City Council denied the license for the harboring of pigeons at 3880 Princeton Trail and directed the removal of the pigeons within 60 days. Hedges added that the Council further direct the preparation of an ordinance amendment that would restrict the harboring of pigeons to agricultural districts provided that the property is five or more acres in size. Hedges also noted that the proposed ordinance amendment was considered on March 6, 2006 and continued until such time as more information could be gathered and discussed by the City Council at a workshop. Based on the - advice of the City Attorney's office, staff recommended and the City Council approved a moratorium ordinance on May 26, 2006 prohibiting consideration of the issuance of pigeon harboring licenses until September 30, 2006 or such sooner time as the City Council may determine. Hedges also noted that there currently are two license requests for the harboring of pigeons. Lastly, Hedges noted to the City Council that a letter was provided to Director of Administrative Services VanOverbeke at tonight's meeting with pictures of the property located at 3880 Princeton Trail, which demonstrates concerns that the neighbors have regarding the property and the harboring of their pigeons. Director of Administrative Services VanOverbeke summarized the ordinances currently in place in other communities with regard to the harboring of pigeons. Mayor Geagan opened the floor to public testimony. Both property owners requesting licenses for the harboring of pigeons addressed the City Council, as did numerous residents as well as the President of the Minnesota State Pigeon. Association. The City Council discussed how a pigeon harboring ordinance would best be enforced. The Council directed staff to prepare an ordinance for the July 6, 2006 City Council meeting that would require pigeon harboring license owners to have a membership in a pigeon association, address the lot size requirement to harbor pigeons, and the requirement that the license be renewed annually by the City. V. DISCUSSION: ROSEMOUNT AIR CARGO FACILITY City Administrator Hedges introduced the item noting that the City of Rosemount is pursuing the development of an air cargo regional distribution center at one of three sites near the intersection of TH 52 and County Road 42. The facility would offer consolidated customs management, customs free trade zones status, certain tax benefits and other benefits to freight forwarders. Hedges noted that the county has requested the cities of Eagan and Mendota Heights to take positions on the proposed project as input to the county's ultimate consideration of a resolution regarding the air cargo regional distribution center. Director of Community Development Hohenstein further summarized the issues associated with the air cargo facility. _._.....The City. Council -discussed the proposed facility,_and..it_was. noted_that a primmer. on.the.... business of freight forwarding would be beneficial. The Council also requested that feedback from the freight forwarding businesses be gathered as input into the study of the facility. Director of Community Development Hohenstein noted that a survey could be compiled to gather input from the freight forwarding businesses. The Council requested that representatives of the freight forwarding businesses be invited to a future meeting to further discuss the proposed facility. Hedges noted that the purpose of tonight's discussion is simply to provide an update and get feedback from the City Council with regard to the air cargo facility; however, no formal action is required. VL INFORMATIVE UPDATE RE: CITY'S DEVELOPMENT DEPOSITS AND FINANCIAL GUARANTIES City Administrator Hedges introduced the item noting that at a recent City Council meeting, staff was duetted to provide an informative update to the Council regarding the City's use of the development deposits (escrows) and financial guaranties. Hedges added that the City has had a long and successful history of using both development deposits and financial guaranties with minimal problems. Director of Administrative Services VanOverbeke provided background on the way in which the City handles development deposits and financial guaranties. 11 The City Council discussed the City's practice and recommended no change to the current way in which the City operates development deposits and financial guaranties. VII. 2007 BUDGET UPDATE City Administrator Hedges provided an overview of the 2007 General Fund Budget process to -date, noting that staff began the process in early April, with proposals being due to the City Administrator by June 16, 2006. Hedges added that, in being consistent with past practice and as a starting point, Directors have been instructed to target an inflationary three percent increase in each division or department. Hedges also noted that this budget cycle is in the beginning steps of implementing a process of enhancing the budget to become a better and more comprehensive planning, policy, and communications tool through recommendations of the Government Finance Officers Association. to -date. The City Council had no further direction regarding the 2007 General Fund Budget process VIII. OTHER BUSINESS City Administrator Hedges noted that a new alternate is needed for the DCC Executive Committee from the City of Eagan. per the recommendation of City Administrator Hedges, Councilmember Carlson moved, Councilmember Tilley seconded a motion to appoint Director of Administrative Services _.._VanOverbekeas the alternate to -the DCC Executive Committee. Aye: 4, —0 City Administrator Hedges provided an update on the construction of the Captain's Course Miniature Golf at Cascade Bay. Hedges noted that the grand opening for the mini golf course will occur on July 6, 2006. City Administrator Hedges noted that the new reader board at the Community Center is now functioning. IX. VISITORS TO BE HEARD There were no visitors to be heard. X. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:47 p.m. Aye: 4; Nay: 0 13 Agenda Information Memo July 18, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Administrative Intern— ACTION TO BE CONSIDERED: To approve the hiring of Jason Ziemer as an Administrative Intern. Iq Agenda Information Memo July 6, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 6, 2006 and July 13, 2006 as presented. ATTACHMENTS: • Check registers dated July 6, 2006 and July 13, 2006 are enclosed without page number. Consent Agenda Information Memo July 18, 2006 Eagan City Council Meeting b. Recognition of August 1, 2006 as National Night Out in Eagan ACTION TO BE CONSIDERED: Adopt proclamation recognizing August 1, 2006 as "National Night Out" in Eagan. FACTS: • Tuesday, August 1, 2006, is the 23rd annual National Night Out celebration. • The City of Eagan has participated in National Night Out since 1998. • Participation has grown every year in Eagan. This year it is anticipated that over 100 neighborhoods will take part. • Eagan residents are asked to join 32 million of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong _ _. police/community partnerships. • Strong neighborhoods are essential to public safety and homeland security. • From 5:00 to 9:00 p.m., residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. • Police, Fire and Public Works units will visit neighborhood gatherings which register by July 21St • Registration can be done by mail, fax or on-line at www.citvofeagan.com. • For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5727. ATTACHMENTS: National Night Out proclamation on page 140 CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2006 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 1, 2006 called "National Night Out"; and WHEREAS, the "23rd Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police -community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2006" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police -community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "23rd Annual National Night Out" on August 1, 2006. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 1, 2006 as "National Night Out" in the City of Eagan. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Deputy Clerk CERTIFICATION I, Maria Peterson, Deputy 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 of July, 2006. Maria Peterson, Deputy Clerk 17 Consent Agenda Information Memo July 18, 2006 Eagan City Council Meeting LZ . Grant Resolution for Dakota Traffic Safety Grant ACTION TO BE CONSIDERED: Approval of a resolution allowing the City of Eagan to continue to participate in the Dakota Traffic Safety Program through 2007. FACTS: • The grant will allow for up to approximately $70,000 in reimbursed overtime for saturation patrols to detect impaired driving in Dakota County. . • The grant is shared by all law enforcement agencies in Dakota County. • Throughout the year, police officers from each member agency join together to target, an area in the county that has been identified as having the potential for _. _. _.. increased incidence of DLII violations. In the first 6 months of 2006, over 160 additional alcohol related offenders were arrested in the county that would not have been intercepted without the grant. ATTACHMENTS: Proposed Resolution 32 CITY OF EAGAN RESOLUTION A RESOLUTION AUTHORIZING THE CITY OF EAGAN TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP WHEREAS, the City of Eagan desires to participate in the Dakota County Traffic Safety Group Grant Project. WHEREAS, the State of Minnesota requires a resolution of the City Council to participate. WHEREAS, the City has entered into previous grants to provide increased traffic enforcement and educational activities. WHEREAS, the City has partnered with other Dakota County law enforcement agencies to increase traffic safety in the community. WHEREAS, the City will partner the 11 other government entities in Dakota County to increase traffic safety. WHEREAS, the City Councilors of the City of Eagan have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with the OTS through the DCTSG to provide enhanced traffic enforcement. NOW THEREFORE, BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED this 18th day of July, 2006 ATTEST: , City Clerk Iq , Mayor Agenda Information Memo July 18, 2006 Eagan City Council Meeting F. SALE OF THREE (3) CAIRNS THERMAL IMAGING CAMERAS TO THE CITY OF FRAZEE FIRE DEPARMTNET Award sale of surplus thermal imaging cameras to the City of Frazee Fire Department. ACTION TO BE CONSIDERED: Approve sale of three surplus thermal imaging cameras to the City Of Frazee for $150. FACTS: • The Fire Department purchased five new thermal imaging units in 2006 for each first line fire truck. • The Fire Department had three CaimsIRIS brand thermal imaging cameras that are no longer being used. These'cameras have been in use with the Fire Department since 1988. These three units whereoffered for sale .in as .is _condition with .the ------ understanding ___.understanding that spare parts may no longer be available for the units. • The City of Frazee Fire Department has offered to purchase the cameras for $50. each for a total of $150. • The City Attorneys office has prepared an agreement for purchase for the Mayor's review. • The Fire Department is recommending approval of the sale of the cameras to Frazee Fire Department for $150. ATTACHMENTS: • Agreement for purchase of Cairns thermal imaging cameras. 2-0 AGREEMENT FOR PURCHASE OF CAIRNS THERMAL IMAGING CAMERAS This AGREEMENT FOR PURCHASE ("Agreement") is made this day of , 2006, by and between the City of Eagan, a Minnesota municipal corporation ("Eagan"), and the City of Frazee, a Minnesota municipal corporation ("Frazee"). Eagan and Frazee are collectively referred to as the "Parties." WHEREAS, Eagan possesses three (3) Cairns Thermal Imaging Cameras ("Cameras"), which it is willing to sell as surplus property pursuant to Minn. Stat. § 471.64; and WHEREAS, Frazee is willing to purchase the Cameras at a price of Fifty and no/100 Dollars ($50.00) per Camera, for a total of One Hundred Fifty and no/100 Dollars ($150.00); and WHEREAS, Eagan concludes $50.00 per Camera is fair value. NOW THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Within 10 days after execution of this Agreement, authorized representatives of Frazee shall pick UP the Cameras at the Eagan City Fire Department, located at 3795 Pilot Knob Road, Eagan, Minnesota 55122. 2. At the time representatives of Frazee pick up the Cameras, they shall deliver to Eagan a check in the amount of $150.00, payable to the City of Eagan. 3. Frazee understands and acknowledges that it purchases these Cameras in "As Is, Where Is" condition. Eagan makes no representations or warranties, express or implied, as to the condition, operability, or fitness for a particular purpose of the Cameras. Frazee hereby indemnifies and holds Eagan harmless against all loss, damage, liability claims, suits, judgments, costs and expenses for reasons of loss of or damage to property and injury to or death of persons in connection with Frazee's use of the Cameras. IN WITNESS WHEREOF, the Parties hereto execute this Agreement by their respective, duly authorized officers by the authority of their respective governing bodies. CITY OF FRAZEE CITY OF EAGAN By: By: Pat Geagan Its: Mayor . Its: Mayor RN Its: City Clerk By: Maria Petersen Its: City Clerk 21 Agenda Information Memo July 18, 2006, Eagan City Council Meeting G. APPROVE A RESOLUTION OUTLINING THE TERMS OF A REVOLVING INTERNAL LOAN IN CONNECTION WITH THE SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NUMBER I ACTION TO BE CONSIDERED: To approve a resolution outlining the terms of a revolving internal loan in connection with the Southeast Eagan Tax Increment Financing District Number 1 FACTS: The City has approved the establishment of the Southeast Eagan Tax Increment Financing District Number 1, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. • The City has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, site improvements/preparation, public utilities, public parking facilities, streets and sidewalks, interest, and administrative expenses, which costs will be financed on a temporary basis from City funds available for such purposes. • Under Minnesota Statutes, Section 469.178, Subdivision 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the qualified costs. • The City annually intends to make payments on the loan to reimburse advances for the qualified costs from tax increments derived from the TIF District in accordance with the terms of the resolution. ATTACHMENTS: . • A co of the resolution is enclosed on pages 25 and copy _ p g ZZ CITY OF EAGAN MINNESOTA RESOLUTION RESOLUTION APPROVING THE TERMS OF A REVOLVING INTERNAL LOAN IN CONNECTION WITH THE SOUTHEAST EAGAN TIF DISTRICT No. 1 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN MINNESOTA ("CITY") AS FOLLOWS: Section 1. Background. 1.01. The City has heretofore approved the establishment of the Southeast Eagan Tax Increment Financing District No. 1, (the "TIF District") within the Southeast Eagan Redevelopment Project Area No. 1 (the "Project"), and has adopted a tax increment financing plan for the purpose of financing certain improvements within, the Project. 1.02. The City has determined to pay for certain eligible expenses identified in the TIF Plan consisting of land/building acquisition, site improvements/preparation, public utilities, public parking facilities, streets and sidewalks, interest, and administrative expenses (collectively, the "Qualified Costs"), which costs will be financed on a temporary basis from City funds available for such purposes. 1.03. Under Minnesota Statutes, Section 469.178, Subdivision 7, the City is authorized to advance or loan -money.from the City's general fund -or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. 1.04. The City annually intends to make payments on the loan to reimburse advances for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "TIF Loan"). Section 2. Terms of TIF Loan. 2.01. The City shall repay to the City fund from which the Qualified Costs are initially paid, annually all Available Tax Increment. The maximum amount that may be outstanding at any point in time is $3,300,000. Interest on the outstanding revolving loan balance shall be calculated each December 31 at the rate of the City's investment earnings, with the rate not to exceed the greatest of (a) the rate specified under Minnesota Statutes, Section 2700.40, or (b) the rate specified under Minnesota Statutes, Section 549.09. 2.02. Payments shall be made in the amount and only to the extent of Available Tax Increment as hereinafter defined is available. 2.03. Payments on this TIF Loan are payable solely from "Available Tax Increment," which shall mean, all of the tax increment generated with respect to the property within the TIF District and remitted to the City by Dakota County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.179. Payments on this TIF Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and 23 are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this TIF Loan are pre- payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this TIF Loan. 2.05. This TIF Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, subdivision 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This TIF Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the. principal of or interest on this TIF Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this TIF Loan or other costs incident hereto. 2.06. The City may amend the terms of this TIF Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3.. Effective Date-. This resolution is.. effective for all Southeast Eagan Tax Increment Financing District No. 1 Redevelopment Area expenditures. Adopted this Motion by: Seconded by: Those in Favor: Those Against: Dated: day of 2006. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, 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 day of , 2006. Maria Petersen, City Clerk 24 Agenda Information Memo July 18, 2006, Eagan City Council Meeting H. APPROVE A PROPOSAL FROM THE STANTON GROUP TO PROVIDE ACTUARIAL SERVICES TO VALUE POST EMPLOYMENT BENEFITS ACTION TO BE CONSIDERED: To approve a proposal from the Stanton Group to provide actuarial services to value post employment benefits. FACTS: • In April and July of 2004, the Governmental Accounting Standards Board (GASB) issued Statements No. 43 and 45, respectively, which provide guidance on financial reporting for Other Post Employment Benefits (OPEB) plans. • OPEB are forms of postemployment benefits not currently provided through a pension plan. It is a form of compensation given in exchange for employee services. The liability in Eagan is limited to postemployment health care benefits, but does include cases where the retired employee pays the full cost of the insurance premium as well as cases where the City continues to pay a portion of the premium. • The City Council has already taken steps to prepare for the new standards by dedicating $1,575,000 from the City's General Fund in 2005 for these future costs, as well as byworking with collective bargaining groups to liinittlie-fiiture liabilitya • GASB Statement No. 45 requires local governments to obtain actuarial valuations for OPEB benefits. • The Stanton Group has provided a proposal to complete the required actuarial services for an amount estimated to be between 10,000 and 15,000 dollars. The services would be paid for through the City's Benefit Accrual Fund. The Stanton Group has provided similar services for other governmental entities. • The City retained the Stanton Group to assist in determining the equivalent hourly rate to replace the post retirement health insurance benefit for Police Officers when the change was successfully negotiated through their contract. • Eagan's official implementation date for the new GASB Statements is December 31, 2007, although early implementation may be considered depending on the timing and outcome of the actuarial work. The actuarial work will begin upon City Council approval of the proposal. ATTACHMENTS: (None) • A copy of the formal Stanton Group proposal is available in the City Administrator's office if any member of the City Council would like to review it in detail. 15. Agenda Information Memo July 18, 2006 Eagan City Council Meeting I. APPOINT JASON ZIEMER, ADMINISTRATIVE INTERN. AS AN ACTIONS TO BE To appoint Jason Ziemer, Administrative Intern, as an alternate to the Minneapolis -St. Paul Airport Noise Oversight Committee (NOC). FACTS: ➢ Jason Ziemer, Administrative Intern, will be coordinating airport duties during the months of August -October 2006 while Assistant to the City Administrator Miller is on maternity leave. ➢ Mr. Ziemer is prepared to attend the bi-monthly Noise Oversight Committee meetings during this time, should he be appointed as one of the City's alternates to the NOC. Agenda Information Memo July 18, 2006 Eagan City Council Meeting J. CLIFF ROAD AT TH 77 & I -35E TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Cliff Road at Trunk Highway 77 (Cedar Avenue) and Interstate 35E with the Minnesota Department of Transportation Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan, Dakota County Transportation Department and Minnesota Department of Transportation (MnDOT) have maintenance and operation agreements on all of the traffic signals within MnDOT right-of-way or interconnected to traffic signals in MnDOT right-of-way. • Traffic control signals currently exist on Cliff Road (County State Aid Highway 32) at the intersections of the entrance and exit ramps for Trunk Highway 77 (Cedar Avenue Freeway) and Interstate 35-E. • Traffic signals _within the City_ of Eagan„typically include the following items: traffic control signals., poles/mast arms, street lights, emergency vehicle pre-emption, street signing, and interconnection to other existing traffic control. • An updated agreement between the City of Eagan, Dakota County Transportation Department and the Minnesota Department of Transportation has been prepared providing for the continued maintenance and operation of the traffic control signals at the aforementioned locations. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. 2.1 Agenda Information Memo July 18, 2006 Eagan City Council Meeting K. TH 149 (WESCOTT ROAD TO TH 55) & HOLIDAY LANE (TH 55 TO COURTHOUSE LANE) NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on both sides of Highway 149 (Wescott Road to Highway 55), and Holiday Lane (Highway 55 to Courthouse Lane) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has approved the upgrade reconstruction of Trunk Highway (TH) 149 (Project 778) as a 4 -lane divided urban roadway between Wescott Road and Trunk Highway 55. • It is desirable for the City to obtain the use of Minnesota Department of Transportation (MnDOT) and Federal funding to reimburse the construction costs of the proposed new street construction. • The proposed design of TH 149 meets the MnDOT standards for an A Minor Arterial (Expander) without on -street parking. • Minnesota Rules Chapter 8820 requires the prohibition of parking on all State highwayswhere parking lanes are. not provided ...... . • Holiday Lane, from Courthouse Lane to Highway 55, is the easterly leg of the TH 55 and TH 149 intersection, an includes left and right turn lanes in both directions. The configuration and use of this portion of Holiday Lane does not accommodate parking, and should be posted accordingly. • Consideration of parking prohibitions in these areas has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page. r YANKEE DOODLE ROAD RD. Proposed No -Parking Area o aaaLocation Map Engineering Department 470-0 7-12-06 q„M"S ',PROPOOSEDED z NO0 -PARKING YANKEE DOODLE ROAD RD. Proposed No -Parking Area o aaaLocation Map Engineering Department 470-0 7-12-06 Agenda Information Memo July 18, 2006 Eagan City Council Meeting L. PROJECT 778, TH 149 UPGRADE WETLAND REPLACEMENT PLAN ACTION TO BE CONSIDERED: Approve the Wetland Replacement Plan for Parcel No. 10-87000-020-00 associated with Project 778 (Trunk Highway 149 - Street Upgrade) and authorize the Water Resources Coordinator to execute all related documents. FACTS: • Project 778 provides for the upgrade of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail, south of Rich Valley Blvd. (Co. Rd. 71). The proposed project upgrades TH 149 to a 4 -lane divided roadway, with an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • On April 5, 2005, the City Council closed the public hearing and approved Project 778. The final plans 'and specifications are nearing completion with MnDOT's anticipated approval. The acquisition of right-of-way and easements from 42 properties is proceeding in anticipation of Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. - - -• - -On-December- -16,_.2004,..-the..City.__Council. approved -the- Wetland. Delineation- report. associated with the construction limits of Project 778. • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGU) is responsible for wetland -related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. The City Council has approval authority for replacement and wetland banking plans. • The off-street trail proposed for the project impacts an existing wetland north of Wescott Road and east of TH 149. The placement of the trail in this location is critical for the continuity of the trail between Opperman Drive and Wescott Road. The wetland proposed to be impacted is a lower quality wetland which would rank in the "General Use" category (lowest priority) in the current draft of the Water Quality Management Plan. • 4,600 square feet of.wetland is proposed to be filled as part of Project 778. Under WCA, 9,200 square feet (0.21 acres) of wetland replacement credit is required to compensate for this impact. The WCA replacement criteria will be met by purchasing new wetland credit from the Board of Water and Soil Resources state bank, Account #1271.0.21 acres of credit will be purchased. ATTACHMENTS: • Site Plan, page - • Aerial View, page �. LIP Imo', `♦ `, � / - -tea.., `.c. 1 I I � \ \ I I T —T-1- ♦ t }•\\ `0 Lt \`\ \� I ``�`` J /�� Consho ion Limits i lj I f l i! 1002 \\ �, i \� I fllf i.liir l I A It Q CY I `\ o `\ ``\\`\ 1 a> /1`♦ :v� �\ a 1 and \ \ I I Ilk ` `\``� \\ ` ; `\ \`. IN \� 1 \ \ $ \ \ \ \R • \ \ \ \ \ \ OW I �1 I 1 I ♦ r i\ `\ Imo, 1\ `\ \\ `�\ \ `♦\.� \`\ \` ; `\` `1 I I I 1 , '1 ` ' `I 1 1` t\ `\ `` ``\ `\`\ ♦fie\ 2 U \\ t \\\♦\• Wetland Impact \ Q?` 4,600 SF (0.106 Ac Q.\� \N\ \, \. i CP J \ / /. \ ti \\c\ \ \ \• \\ \ I Wetland Impact Summary k G. Total Impacts: 4,600 SF 0.106 Ac `\ \\ \ �� ` L9`, Re 'd Mitigation: 9,200 SF 0.21 Ac I To be replaced using BWSR Bank Acct. #1271. \` \ `\ `� \�`�� \ '� `\ ♦ �.,`\ \\`5\021 \` . \\ ,` \\ \ \\ 1\ \\\ \` \` \` 1\ `\\ \� \\ \`` \\ \\ ;`\\+ `\\\\ \\\ ♦` \dam`\ ``♦`\ \ `\ ` \\ \�\ �\ \ .a'`• \ \ Bim\\ ; �� \ ... � �\`` ,.. �` ` `\ \ ` WETLAND IMPACTS FIGURE 3 Ronestroo Rosene Iv CITY OF' EAGAN N 075 Anderlik & Associates TH 149 Reconstruction Scale in feet W ITTE Engineers &Architects i,W,'\WV 1AN11 FalPM0 1!GVPE.S1>WC, WETLAND LOCATION FIGURE 2 0 250 CITY OF EAGAN 4N F, TH 149 Reconstruction V2. Scale in feet 1111 Bonestroo " Rosene KAM Anderlik & T11 Associates Engineers &. Architects Agenda Information Memo July 18, 2006 Eagan City Council Meeting M. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION — CITY PROJECT 04-G ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 04-G (Schwarz Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Schwan Addition is an eight -unit townhome development requiring the installation of public sanitary sewer, water main and. storm sewer, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. I Agenda Information Memo July 18, 2006, Eagan City Council Meeting N. APPROVE OFF -SALE LIQUOR LICENSE FOR K -LIQUOR, INC., DBA K-LIOUOR,1274 LONE OAK ROAD ACTION TO BE CONSIDERED: To approve the off -sale liquor license for K -Liquor, Inc., dba K -Liquor, 1274 Lone Oak Road. FACTS: ➢ Pheap (Peter) Ku has applied for an off -sale liquor license with the City of Eagan. The business will be structured as a corporation. The owner is purchasing the existing K - Liquor. ➢ The change of ownership is scheduled to occur following approval of the license. ➢ All required documents have been submitted. The license should be approved subject to the successful completion of a background check for Pheap Ku. ATTACHMENTS (0): Agenda Information Memo July 18, 2006, Eagan City Council Meeting O. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE SOUTHWEST AREA YMCA ACTION TO BE CONSIDERED: To approve a temporary on -sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. FACTS: ➢ The Southwest Area YMCA has requested a temporary on -sale liquor license be issued to them for the Dine Dakota fundraiser planned for September 16, 2006. Proceeds from the fundraiser will benefit children at risk through the YMCA Compass program. ➢ The Southwest Area YMCA is also asking that the $150.00 license fee be waived. ➢ The license should be approved contingent upon the review and approval of the application by the Police Department. ➢ Following approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (2): ➢ Letter and temporary license procedures enclosed on pages NO through Southwest Area YMCA 550 Opperman Drive Eagan, MN 55123 651456-9622 fax: 651-683-4704 June 20, 2006 Maria Peterson 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Ms. Peterson: I am writing to request a waiver of the $150.00 fee for Temporary On -Sale Liquor License for the City of Eagan. ymudwemsdoPeal NVI —9 11 We are requesting a license for our community fundraiser called Dine Dakota. Proceeds from this event will benefit children at risk through the YMCA Compass program. Dine Dakota is both a local fundraising event and a way to experience cuisine from 20 local restaurants that are donating their food to our event. The fundraiser will take place on September 16, 2006 from 7-10p.m. at the Southwest Area YMCA. Tickets will be sold in advance by YMCA volunteers and staffto members of the local community. The YMCA will be serving wine and sodas only for the event. ....... ..... The YMCA is a communitybased not -for -pro t organiz n and serves pe6p e o 6117 ages, backgrounds, abilities and incomes. The mission of the YMCA is to put Christian principles into practice through programs that build healthy spirit, mind and body for all. Our vision in the community is to build strong kids, strong families and strong communities. Thank you for your consideration. Sincerely, Mary Ekkkson Community Program Director City of Eagan Procedures Temporary Liquor License SITE PLAN A. The Liquor Service will take place INSIDE the Southwest Area YMCA, 550 Opperman Drive, Eagan, MN 55123. The event will be held in our gymnasiums and main floor. B. There will be 3 locations INSIDE the YMCA serving the wine. Two bars in the hallway area, and I bar in the gymnasium. INSURANCE The YMCA will carry liquor liability insurance. Carrier's name and amount of coverage will provided. PUBLIC SAFETY/SECURITY • The YMCA will sell tickets to the event and would be sold to attendees over 21. • Attendees to the event MUST have a ticket to enter the YMCA for the evening. • Tickets are sold in advance. • Upon arrival at the event, YMCA staff will check appropriate I.D.s. • Appropriate signs will be posted at the entrance to the YMCA notifying the sales to -persons under 21. arepKgbft:i�t. -- ----- • Anticipated attendance is 350-400 people. The event is ticket -based. • The YMCA personnel and volunteers will handle all security issues that should arise in an appropriate manner. • The YMCA staff are trained in first aid, CPR and crisis management. • Additional security will be purchased if required. Numbers and names will be submitted if required. • Alcohol will be consumed from 7-10p.m. Saturday, September 16, 2006. Clean up of the event will take place immediately following the event for approximately 1-2 hours. No liquor will be served during that time. • Individuals under 21 in attendance will be clearing tables and cleaning up after the event. The YMCA staff will directly supervise these individuals. • The YMCA will pay any fees incurred to the City for any on -duty Police Officer assigned to the event. • The YMCA will provide an On -Site Manager of the licensed area. t'� Agenda Information Memo July 18, 2006 Eagan City Council Meeting P. Tree Maintenance Contractor License for Catracho's Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Catrocho's Tree Service, 3741 2nd Ave. S., Minneapolis, MN FACTS: • Catracho's Tree Service has applied for a tree maintenance contractor license • All requirements of the application have been met and fees have been paid • Staff has reviewed the application and deem it in order for approval ATTACHMENTS: None. (The application is available for review in the Administration Department.) Agenda Information Memo July 18, 2006 Eagan City Council Meeting Q. CONTRACT 06-02, CITYWIDE STREET & SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 06-02 (Citywide — Street & Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-02 provides for the bituminous overlay of the streets in the Saddlehorn/ Sunset/ Town Centre Drive/ Golfview Drive neighborhoods, the sidewalk and traffic calming improvements of Denmark Avenue, Wescott Road to Duckwood Drive, and the bituminous overlay of Alexander Road and upgrade of Meadowview Road. • Change Order No. 3 provides for the installation of the storm sewer outlet pipe from the newly constructed pond on Old Sibley Memorial Highway, the installation of fiber blanket and hydro -seeding on steep slopes in that pond, and the extension of the contract completion date, not anticipated underthe original contract. • The installation of the storm sewer outlet pipe will provide for proper drainage of the pond within City right-of-way (ADD $11,658). • The installation of the fiber blanket and hydro -seeding will provide for erosion protection on the pond slopes in accordance with City, state and federal erosion control regulations (ADD $4,212). • The extension of the contract completion date is due to unforeseen circumstances encountered which have delayed the. completion. of the contract (1\T0 • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action.. • The change order provides for a cost increase of $15,870 (1.4% of original contract, and 83% of this specific project). 100% of the costs will be financed through the City's Super Storm Mitigation Fund. 3�1 Agenda Information Memo July 18, 2006 Eagan City Council Meeting R. CLIFF LAKE CENTRE EASEMENT AGREEMENT ACTION TO BE CONSIDERED: Approve an Easement Agreement for access to Cliff Lake (Pond AP -11) with the owners of Parcel 10-17780-020-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has a goal to provide public access to a water body with fishing opportunities within one mile of every residential unit. The Pioneer Press Outdoors Editor, Chris Niskanen, dubbed Eagan as the "east metro suburb with the best fishing" in a newspaper article dated April 30, 2006. • City staff has been working with the Department of Natural Resources (DNR) to ensure adequate fish stock in designated fishing lakes and ponds. DNR staff.will only stock fish in lakes that meet their requirements, obligating the City of Eagan to ensure the following: adequate oxygen levels in the water and boat/public access to each water body. Aeration in the winter and weed removal in the summer are methods to address oxygen levels based upon monitoring. completed by staff. Public and boat access is typically constructed by staff on public. property, usually within a park. • - In order -to -achieve -the City's goal for -reasonable -access to fishing lakes for -all of. its. residents, access to lakes not associated with a city park must be considered. In order to comply with the DNR requirements, acquisition of permanent easements from private properties may be needed to insure the required public access. • Cliff Lake (Pond AP -11), between Target and 1-3 5E, has been selected as a desirable fishing lake. However, there is currently no public access to Cliff Lake. Access opportunities do exist at the rear of the Cliff Lake Centre (1960 Cliff Lake Road) shopping mall, near the rear of Cub Foods. • Water Quality staff has communicated with representatives of the property owner, Inland Real Estate Corporation, about the desire for access to the lake. The property owner has consented to provide the required easement at no cost to the City of Eagan. • An agreement between the City of Eagan and the owners of Parcel 10-17780-020-01, Lot 2, Block 1 Cliff Lake Centre, has been prepared providing for the acquisition of the necessary easement. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. • The construction of the boat access would be coordinated by Water Quality staff and funded out of the Council approved Water Quality (Dept 65) budget. ATTACHMENTS: Site Plan, page . • . Pictometry View, page �� \\`\ `h. $, �,�♦ �o /mac / \\ �'"` =` tom• � � / �y / p o Y Or \ �(/'-mss \� --•�\ \ ��\ �� \ \ • �\\ ,9016 � N IS\ y\ _.._ . _ _..... ,� I � �. I � I yo sl�l�t � � �• 94 Ito I �• w \ SO'/6'0"W PLAT.:::i:icn• .:I ::S0°45' "W 40.44\ i i .1p rno ` Agenda Information Memo July 18, 2006, Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 938, NICOLS ROAD - SIDEWALK IMPROVEMENTS (PIN OAK DRIVE TO CLIFF ROAD) ACTION TO BE CONSIDERED: Approve OR Deny Project 938 (Nicols Road, Pin Oak Drive to Cliff Road — Sidewalk Improvements) with Alternate `A' OR Alternate `B' and authorize the preparation of detailed plans and specifications. FACTS: • On September 6, 2005, City staff received a petition containing 17 signatures representing 11 properties along Nicols Road, requesting sidewalk improvements, along the east boulevard of Nicols Road from Pin Oak Drive to Cliff Road. • After reviewing the petition, staff requested that the petitioners collect signatures from additional property owners along the east side of Nicols Road who would be impacted by the construction of a sidewalk. The requested information was received from the petitioner on September 28, 2005. • On October 18, 2005, the City Council received the petition and authorized the preparation of a feasibility report by the City Engineer for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road). • A. draft Feasibility Report was received by the Council on May 2, 2006 and a Public Hearing was scheduled for Tuesday, June 6, 2006. • An informational neighborhood meeting was held on May 30, 2006 to discuss the proposed improvements. Of the 16 total properties (7 business/office and 9 residential) adjacent this improvement, one property owner attended the informational meeting. No representatives of the four properties proposed to be assessed attended the information meeting. q!...... _The..Public__Hearing_wm opened_ on June 6, 2006. After receiving public comment and Council discussion, the Council consensus was to continue consideration of the sidewalk improvements to July 18, 2006. This would allow time to include an option for construction of the sidewalk along the east side of Nichols Road. • An informational neighborhood meeting was held on July 10, 2006 to discuss the proposed improvements and the revised project scope. Of the 16 total properties (7 business/office and 9 residential) adjacent this improvement, two property owners representing one property attended the informational meeting. No representatives of the properties proposed to be assessed attended the information meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of the continuation of this public hearing. ISSUES • The revised feasibility report contains two (2) Alternates for the Council's consideration and direction. Alternate `A' was presented at the June 6, 2006 Public Hearing and provides for the construction of a 6 -foot wide concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Nancy Circle, and along the west side of Nicols Road, from Nancy Circle to Cliff Road (CSAH 32). Alternate `B' also provides for the construction of a 6 -foot wide concrete sidewalk, but the proposed location is along the east side of Nicols Road from Pin Oak Drive to Cliff Road (CSAH 32). ATTACHMENTS: • Feasibility Report (Revised), pagesAthrough7o . • Minutes of Informational Meetings, pages I I h;ough.15. '� City of Eaan Report for Nicols Road Sidewalk Improvements City Project No. 938 Eagan, Minnesota July 14, 2006 July 14, 2006 Pat Geagan Honorable Mayor and City Council City of Eagan MAYOR 3830 Pilot Knob Road Eagan, MN 55122 Peggy Carlson Cyndee Fields Re: Nicols Road Mike Maguire Sidewalk Improvements Meg Tilley City Project No. 938 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges Attached is our revised report for the Nicols Road- Sidewalk Improvements, City Project CITY ADMINISTRATOR No. 938. The revised report presents and discusses the proposed improvements and includes a cost estimate, revenue sources and schedule. It also contains an alternate scope as requested at the June 6, 2006 regular council meeting. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, 3830 Pilo# Knob Road Eagan, MN 55122-1810 651.675.5000 phone Timothy J. Plath, PE, PTOE 651.675.5012 fax Transportation Engineer 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly MAINTENANCE FACILITY Licensed Professional Engineer under 3501 Coachman Point the laws of the State of Eagan, MN 55122 Minnesota. 651.675.5300,phone �!� e�;� 651.675.5360 fax ,44 Timothy J. Plath 651.454.8535 TDD Date: 7 4 Reg. No.42024 www.cityofeagan.com Reviewed By: Department o ublic W ks Date: Reviewe y: f THE LONE OAK TREE The symbol of ll strength and growth Finance Dept. Date: in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page 1.0 Introduction/Project History.......................................................................................... I 2.0 Scope................................................................................................................................ 2 3.0 Feasibility and Recommendations................................................................................ 2 4.0 Proposed Improvements................................................................................................ 3 4.1. Concrete Sidewalk.' .................................................................................................... 3 4.2. Roadway Narrowing.................................................................................................. 4 4.3. ADA Compliant Pedestrian Curb Ramps................................................................ 4 4.4. Proposed Crossing Location...................................................................................... 5 4.5. Modular Block Retaining Wall ................................................................................. 5 4.6. Driveway Replacements............................................................................................. 6 _ _ .. _ ._.,..... ____5.0 - Easements/Permits ..........................................................................:............................... 7 - 6.0 Cost Estimate....................:............................................................................................. 7 7.0 Assessments...................................................................................................................... 8 8.0 Assessment Financing Options....................................................................................... 8 9.0 Revenue Source............................................................................................................... 9 10.0 Project Schedule...........................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures -1 -2.1 -2.2 -3.1 and 3.2 -4.1 and 4.2 -5 Location Map Proposed Typical Section- Alternate `A' Proposed Typical Section- Alternate `B' Proposed Improvements and Assessment Map- Alternate `A' Proposed Improvements and Assessment Map- Alternate `B' Standard Plate 440 q(0 July 2006 Project 938 Sidewalk Improvements Nicols Road - Eagan, Minnesota 1.0 Introduction/Proiect History This project consists of constructing a concrete sidewalk along Nicols Roadfrom Pin Oak Drive to Cliff Road (CSAH 32). Nicols Road is a two-lane, undivided minor collector roadway located in the southwest portion of Eagan, as shown in Figure 1. The project was initiated in response to a petition containing 17 signatures, representing 11 properties, which requests sidewalk improvements along the east boulevard of Nicols Road from Pin Oak Drive to Cliff Road. After reviewing the petition, City staff _._._._ _ requested that the petitioners collect signatures from additional property owners along the east side of Nicols Road who would be impacted by the construction of a sidewalk. The requested information was received from the petitioners on September 28, 2005. On December 13, 2004, the City Council approved the Community Transportation Trail System Policy for staff implementation. The policy states that proposed trail segments should be evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in mind proper fiscal responsibility. The policy also states that its guidelines should be used as a general method to rank all future trail segments to be constructed as public improvements. In reviewing the proposed trail segment, the trail policy evaluation indicated a medium to high ranking. The requested segment of sidewalk is not included in the City's Transportation Trail System. The proposed sidewalk was initially anticipated to be constructed on the east side of Nicols Road. Letters were sent to adjacent property owners on the east side of Nicols Road seeking their comments on this potential sidewalk location. After identifying the Page 1 impacts of the proposed construction and discussions with impacted property owners on the east side of Nicols Road, it was determined that an analysis of the impacts of constructing the sidewalk on the west. side of Nicols Road should be completed. 'Letters were sent to adjacent property owners on the west side of Nicols Road as well as those individuals who signed the original petition seeking their comments on this revised location of the proposed sidewalk. Once again, feedback was received from impacted property owners on the west side of Nicols Road. Initially, the resultant recommendation was to construct a segment of the sidewalk on the east side of Nicols Road (from Pin Oak Drive to Nancy Circle) and a segment of the sidewalk on the west side of Nicols Road (from Nancy Circle to Cliff Road) to reduce the impacts to adjacent properties and provide better crossing opportunities for pedestrians and bicyclists using. the proposed sidewalk. This recommendation was presented to the City Council on June 6, 2006. The Council continued the public hearing to July 18, 2006 and directed staff to provide an alternate scope which accommodates the construction of the sidewalk entirely on the east side of Nicols Road. . 2.0 Scope This project provides for the following improvements: ■ Construction of a 6 -foot wide, off-street concrete sidewalk. (Alternates `A' and B) ■ Construction of a modular -block retaining wall adjacent to 4625 and 4635 Nicols Road with an average height of 3 -feet. (Alternate `A') ■ Reconstruction of existing driveways. (Alternates `A' and `B') ■ Reconstruction of a small portion of the existing parking lot at Wendy's restaurant. (Alternate `A') ■ Replacement of existing, non-compliant ADA pedestrian ramps around the Nicols Road/Cliff Road intersection. (Alternates `A' and `B') 3.0 Feasibility and Recommendations This project is necessary to provide for safe pedestrian and vehicle movement along Nicols Road. Page u2 —t v This project is cost-effective in that the sidewalk and associated improvements will be constructed as a whole instead of in portions by individual contracts. It is recommended that these improvements be combined with other similar improvements within the City to encourage additional cost saving due to the benefit of scale. 4.0 Proposed Improvements This project consists of constructing a concrete sidewalk along Nicols Road from Pin Oak Drive to Cliff Road (CSAR 32). Two alternates are presented. for consideration. Alternate `A' provides for the construction of a 6 -foot wide concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Nancy Circle, and along the west side of Nicols Road, from Nancy Circle to Cliff Road (CSAH 32). A proposed typical section is presented in Figure 2.1 and a plan view and assessment map for this alternate is presented in Figures 3.1 and 3.2. This alternate was presented to the City Council on June 6, 2006. Alternate `B' also provides for the construction of a 6 -foot wide concrete sidewalk, but the proposed location is along the east side of Nicols Road. from Pin Oak Drive to Cliff Road (CSAR 32). This alternate also includes narrowing a segment of the east side of Nicols Road to accommodate the sidewalk construction. A proposed typical section is presented in Figure 2.2 and a plan view and assessment map for Alternate `B' is presented in Figures 4.1 and 4.2. 4.1. Concrete Sidewalk The proposed 6 -foot wide concrete sidewalk will supplement the safety lanes within the existing roadway and provide multiple options for cyclists and pedestrians. The feasibility of constructing an 8 -foot, multi -use bituminous trail in lieu of a 6 -foot, concrete sidewalk was analyzed. An 8 -foot bituminous trail would provide a larger, facility that could more easily be shared by pedestrians, bicyclists and other recreational and transportation users. However, the wider trail section would result in a reduced boulevard width (4 -foot) and an increased retaining wall height along. 4625 and 4635. Page 3 Nicols Road. Therefore, the construction of an 8 -foot bituminous trail section'is not feasible. 4.2. Roadway Narrowing Alternate `B' includes narrowing a segment of the east side of Nicols Road to minimize impacts on adjacent properties from the proposed sidewalk construction. The proposed narrowing will provide for a continuous 6 -foot boulevard and 6 -foot concrete sidewalk while avoiding the need to remove existing trees and the construction of a modular block retaining wall. 4.3. ADA Compliant Pedestrian Curb Ramps Recent revisions to the . Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including adjacent sidewalk improvements. The most common method of providing this detectable warning is through the instal ation of truncated domes, -a minimum of two. feet in length across the width of all pedestrian ramps. This project provides for the installation of seven (7) truncated dome pedestrian ramps on the bituminous paths and concrete sidewalks at the roadways within the project area. The ADA requirements also extend to the accessibility of pedestrian push buttons at traffic signal systems. Currently, the pedestrian push buttons at Cliff Road (CSAH 32) and Nicols Road are not ADA accessible due to the presence of barrier curb and substandard median islands which do not provide enough area for refuge. This issue was discussed with Dakota County due to the need for the County's approval of and desired financial participation in any improvements made within the County road right of way. The conclusion of these discussions was that a complete intersection reconstruction was required to safely and adequately resolve the ADA accessibility issue. The cost and scope of this type of improvement requires it to be programmed in both agencies Capital Improvement Plans. The timeline for the reconstruction of the Cliff Road/Nicols Road Page 4 intersection may be driven by Bus Rapid Transit (BRT) service improvements to the adjacent Cedar Avenue corridor. The City and Dakota County will continue to determine the appropriate timing of improvements to this intersection as the BRT improvements to the Cedar Avenue corridor move into the final design stage. Therefore, only pedestrian ramp improvements to the southwest quadrant are proposed at this time. 4.4. Proposed Crossing Location The proposed crossing location for pedestrian and bicyclists using the proposed sidewalk, with Alternate `A', is on the north side of the Nancy Circle and Nicols Road intersection. This location is preferred over the Pin Oak Drive and Nicols Road intersection because of the existing private driveways currently located in the desired pedestrian curb ramp location. Locating the crossing at Nancy Circle also avoids conflicts with another existing paved driveway area as well as a native prairie grass planting area and the proposed sidewalk. This proposed crossing location was studied to determine if crosswalk protection devices (i.e. pavement markings, signing, etc.) are warranted in accordance with the City of Eagan Pedestrian Crosswalk Policy. For purposes of the review, the intersection is considered to be uncontrolled, along a minor collector roadway, and street lighting is present at the proposed crossing location. Adequate sight distance is available and the location of the proposed crossing provides connectivity . of the sidewalk system. Adequate gaps are currently available in the vehicular traffic to provide enough opportunities for pedestrians to cross the roadway without the aid of a crosswalk. Therefore, no crosswalk protection devices are warranted at this location with Alternate No new crossings are required with Alternate `B'. 4.5. Modular Block Retaining Wall Construction of a modular block retaining wall is required, with Alternate `A', adjacent to 4625 and 4635 Nicols Road due to the significant elevation difference between the proposed sidewalk and existing ground at the right-of-way line. The average height of Page 5 51 the retaining wall is approximately 3 feet and the maximum height is anticipated to be 4 feet. No retaining walls are anticipated with Alternate `B'. 4.6. Driveway Replacements Constructing the proposed sidewalk in the locations proposed in Alternate `A' will require reconstructing the existing driveways on the west side of Nicols Road and a portion of the parking lot at Wendy's restaurant. Reconstructing the driveways and portions of the existing parking lot will provide for acceptable grades on the driveways and reduce the height of the proposed modular block retaining wall. Additionally, ADA requirements allow a maximum 2% cross slope on the sidewalk. This requirement also applies to the sidewalk as it crosses entrances/driveways. The existing slope on the entrance to the Wendy's Restaurant is greater than 11 %. In addition to constructing a concrete entrance apron, this entrance will be regraded to provide an ADA -compliant cross slope in the sidewalk. It is standard practice for the concrete sidewalk to continue through entrances/driveways in order to provide a consistent walking and/or riding surface for the sidewalk users. Therefore, existing bituminous entrances will be reconstructed with 7" -thick concrete entrance aprons in accordance with Eagan Standard Detail 440, as shown in Figure 5. A total of three (3) driveways will be reconstructed with Alternate `A'. All three (3) driveways are currently bituminous commercial entrances. All three (3) commercial entrances will be reconstructed with concrete under Alternate `A'. Alternate `B' will also require the reconstruction of three (3) driveways. One (1) driveway currently serves a residential property. The remaining two (2) driveways serve commercial properties. One (1) of the commercial entrances is bituminous while the other is concrete. Therefore, one commercial entrance will be reconstructed with, concrete under Alternate `B'. Page 6 52-- 5.0 Easements/Permits Temporary construction easements will be required from one (1) parcel along the length of the project, with Alternate `A', as shown in the following table: The total area of proposed temporary easement acquisition is approximately 1,500 square feet and estimated costs for the purchase of the temporary easement ($1,000) has been included in the project cost estimate. No temporary easements are anticipated with Alternate `B'. It is anticipated that a Permit For Work Within The County Highway Right Of Way will - be -required- from -the Dakota County Transportation--Department-for- work- with the -Cliff - -- - Road (CSAH 32) right-of-way. It is anticipated that the fees for this permit will be waived by Dakota County. 6.0 Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2006 construction costs and includes a 5% contingency and indirect costs of 30%, which include. legal, administration, engineering, and bond interest. Alternate `A' • Sidewalk Construction .$114,100 • Driveway Replacement $ 24.600 TOTAL ESTIMATED PROJECT COSTS $138,700 Page 7' 53 Estimated Temporary PID No. Address Easements . ft. 10-22100-010-01 4615 Nicols Road (Wendy's) 1,500 Total 1,500 The total area of proposed temporary easement acquisition is approximately 1,500 square feet and estimated costs for the purchase of the temporary easement ($1,000) has been included in the project cost estimate. No temporary easements are anticipated with Alternate `B'. It is anticipated that a Permit For Work Within The County Highway Right Of Way will - be -required- from -the Dakota County Transportation--Department-for- work- with the -Cliff - -- - Road (CSAH 32) right-of-way. It is anticipated that the fees for this permit will be waived by Dakota County. 6.0 Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2006 construction costs and includes a 5% contingency and indirect costs of 30%, which include. legal, administration, engineering, and bond interest. Alternate `A' • Sidewalk Construction .$114,100 • Driveway Replacement $ 24.600 TOTAL ESTIMATED PROJECT COSTS $138,700 Page 7' 53 Alternate `B' • Sidewalk Construction/Roadway Narrowing $100,400 • Driveway Replacement $ 8,600 TOTAL ESTIMATED PROJECT COSTS $109,000 7.0 Assessments According to the City's Special Assessment Policy., costs associated with the construction of sidewalks/trails adjacent to minor collector roadways in residential areas are paid by the City. Therefore, no assessments are proposed to be levied against the benefiting residential parcels for the proposed sidewalk improvements. However, assessments for existing bituminous commercial driveway aprons reconstructed with concrete are proposed to be levied against the benefited properties with costs allocated in accordance with the City of Eagan's Special Assessment Policy. Replacement of the existing bituminous driveway aprons with concrete provides commercial entrances of adequate strength and is consistent with similar past projects in commercial/industrial areas throughout the City. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. Sidewalk Improvements Driveway Replacement City Special Assessment Policy Assessment Ratio Property City 0% 100% 100% 0% 8.0 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 will be spread over ten years with the interest determined by the results of the bond sale used to finance the improvements. For example, a total assessment = $8,600 will result in the following payment schedule based on an estimated 6.0% interest for the assessed amounts: Page 8 5q I Principal PerYear , Interest Per Year ; Cost Per Year First Year $860 $516 $1,376 Tenth Year $860 [— $52 ! $912 —� I 9.0 Revenue Source Alternate `A' Under Alternate `A', the City's Major Street Fund will finance the estimated project deficit of $114,100 (82.3% of total). Alternate -`B'--- -- Estimated Propelly Work Item Project Cost Assessment City Contribution Sidewalk Construction Estimated Pro e $100,400 Work Item Project Cost Assessment City Contribution Sidewalk Construction $114,100 $0 $114,100 Driveway Replacement $24,600 $24,600 $0 TOTAL PROJECT COST $138,700 $24,600 $114,100 Under Alternate `A', the City's Major Street Fund will finance the estimated project deficit of $114,100 (82.3% of total). Alternate -`B'--- -- Estimated Propelly Work Item Project Cost Assessment City Contribution Sidewalk Construction $100,400 $0 $100,400 Driveway Replacement $8,600 $8,600 $0 TOTAL PROJECT COST $109,000 $8,600 .$100,400 Under Alternate `B', the City's Major Street Fund will finance the estimated project deficit of $100,400 (92.1 % of total). This project is not included in the 5 -year Capital Improvement Plan (CIP). Page 9 65 10.0 Proiect Schedule ■ Present Draft Feasibility Report to City Council/ OrderPublic Hearing............................................................................ May 2, 2006 ■ Public Hearing (Continued)................................................................. July 18, 2006 ■ Approve Plans and Specifications........................................................ August 2006 ■ Award Contract............................................................................... September 2006 ■ Begin Construction........................................................................ September 2006 ■ Project Completion........................................................................October 31, 2006 ■ Final Cost Report ..............................................................................November 2006 Page. 10 APPENDIX A Preliminary Cost Estimate Appendix A Nicols Road Sidewalk Improvements City Project No. 938 Preliminary Cost Estimate- Alternate `A' Item No. Item Unit Est. Qty, Unit Price Est. Cost SIDEWALK CONSTRUCTION $ 900 Subtotal $18,900 + 30% Indirect Costs L 2021.501 Mobilization LS 1 $5,000 $ 5,000 2104.501 Remove Concrete Curb and Gutter LF 300 $4.50 $ 1,350 2104.505 Remove Concrete Valley Gutter SY 80 $14.00 $ 1,120 2104.505 Remove Bituminous Pavement SY 340 $3.00 $ 1,020 2104.602 Salvage and Reinstall Light EA 1 $5,000 $5,000 2105.501 Common Excavation Cy 340 $17.00 $ 5,780 2211.501 6" AggreLate Base, Cl. 5 100% Crushed TON 120 $20.00 $ 2,400 2350.503 2" Bituminous Mixture for Parking Lot SY 135 $60.00 $ 8,100 2350.505 Bituminous Mixture for Patching TON 15 $125.00 $ 1,875 2411.618 Modular Block Retaining Wall- Non-Reinf. SF 400 $25.00 $10,000 2503.541 12" RCP Sewer, Cl. 5, Des 3006 LF 38 $30.00 $ 1,140 2506.501 Construct Drainage Structure Type C LF 8 $350.00 $ 2,800 2506.603 Reconstruct Manhole LF '18 $350.00 $ 6,300 2521.501 4" Concrete Walk SF 6,780 $3.00 $20,340 2521.602 Pedestrian Ramps w/ Truncated Domes EA 7 $150.00 $ 1,050 2531.501 Concrete Curb and Gutter, B612 LF 135 $14.00 $ 1,890 -2531-.501 Concrete Curb -and Gutter, B618 __..... _ _ _. _ _.._.LF__.. _..135_. _ . _.___ ...._$-1-4.00 -__...._.$-1-;890- 2531.604 7" Concrete Valley Gutter SY 40 $43.00 $ 1,720 2563.601 Traffic Control LS 1 $1,000.00 $ 1,000 2575.505 Sod and 4" Topsoil SY 755 $5.00 $ 3,775 Subtotal $83,600 + 5% Contin encies $ 4,200 Subtotal $ 87,800 + 30% Indirect Costs $ 26,300 ESTIMATED SIDEWALK CONTR UCTION COSTS $114,100 DRIVEWAY REPLACEMENT TO BE ASSESSED 2531.507 7" Concrete Driveway Pavement SY 200 $90.00 $18,000 Subtotal $18,000 + 5% Contingencies $ 900 Subtotal $18,900 + 30% Indirect Costs L $ 5,700 ESTIMATED DRIVEWAYREPLACEMENT COSTS $ 24,600 TOTAL ESTIMATED PROJECT COSTS -ALTERNATE A' $138,700 Appendix A (continued) Nicols Road Sidewalk Improvements City Project No. 938 Preliminary Cost Estimate- Alternate `B' Item No. Item Unit Est. Qty. Unit'Price Est. Cost SIDEWALK CONSTRUCTION $ 300 Subtotal $ 6,600 + 30% Indirect Costs 2021.501 Mobilization LS 1 $5,000 $ 5,000 2104.501 Remove Concrete Curb and Gutter LF 940 $4.50 $ 4,230 2104.505 Remove Concrete VaHey Gutter SY 16 $15.00 $ 240 2104.505 Remove Bituminous Pavement SY 505 $3.00 $ 1,515 2104.505 Remove Bituminous Driveway Pavement SY 115 $4.00 $ 460 2104.505 Remove Concrete Driveway Pavement SY 130 $10.00 $ 1,300 2104.509 Remove Concrete Apron EA 1 $250.00 $ 250 2104.509 Remove Catch Basin or Manhole EA 1 $500.00 $ 500 2105.501 Common Excavation CY 180 $17.00 $ 3,060 2105.523 Common Borrow C CY 240 $10.00 $ 2,400 2211.501 6" Aggw ate Base, Cl. 5 100% Crushed TON 85 $20.00 $ 1,700 2350.505 Bituminous Mixture for Patching TON 20 $125.00 $ 2,500 2503.603 15" HDPE Pipe Sewer LF 16 $20.00 $ 320 2506.501 Construct Drainage Structure Type C or N LF 10 $350.00 $ 3,500 2506.602 Connect to Existing Storm Sewer EA 2 $1,500.00 $ 3,000 2521.501 4" Concrete Walk SF 7,410 $3.00 $22,230:,. 2521:602 Pedestrian Ram --s w/ Trmeated Domes _ .._..EA 6 $150.00 _ . $ 900 2531.501 Concrete Curb and Gutter, B618 LF 680 $14.00 $ 9,520 2531.507 7" Concrete Driveway Pavement SY 86 $90.00 $ 7,740 2563.601 Traffic Control LS 1 $1,000.00 $ 1,000 2575.505 Sod and 4" Topsoil SY 420 $5.00 $ 2,100 Subtotal $73,500 + 5% Contingencies $ 3,700 Subtotal $77,20 0 + 30% Indirect Costs $ 23,200 ESTIMATED SIDEWALK CONTRUCTION COSTS $100,400 DRIVEWAY REPLACEMENT TO BE ASSESSED 2531.507 7' Concrete Driveway Pavement SY 70 $90.00 $ 6,300 Subtotal $ 6,300 + 5% Contingencies $ 300 Subtotal $ 6,600 + 30% Indirect Costs $ 2,000 ESTIMATED DRIVEWAYREPLACEMENT COSTS $ 8,600 TOTAL ESTIMATED PROTECT COSTS ALTERNATE `B' $109,000 59 APPENDIX B Preliminary Assessment Roll no Alternate `A' Alternate `B' Appendix B Nicols Road Sidewalk Improvements City Project No. 938 Preliminary Assessment Roll Address PIN Driveway Assessment 4655 Nicols Road 10-16930-030-01 $2,265 4651 Nicols Road 10-16930-020-01 $2,435 4635 Nicols Road 10-16930-010-01 $3,500 4625 Nicols Road 1.0-22100-020-01 $8,200 4615 Nicols Road 10-22100-010-61 $8,200 TOTAL ASSESSMENT- ALT. `A' $ 24,600 Address PIN Driveway Assessment 2140 Cliff Road 10-26900-010-01 $8,600 TOTAL ASSESSMENT- ALT. `B' $8,600 APPENDIX C Figure 1- Location Map Figure 2.1- Proposed Typical Section (Alternate `A') Figure 2.2- Proposed Typical Section (Alternate `B') Figures 3.1 and 3.2- Proposed Improvements and Assessment Map- Alternate `A' Figures 4.1 and 4.2- Proposed Improvements and Assessment Map- Alternate `B' Figure 5- Standard Plate 440 l �o BELL RD. II W W tL SHALE LN. Q rr�� .,, .... ____.. WEll _... U g Project Location CLIFF ROAD J P�� I 0 COMNGTON W Y Q U Y Lu Z CC9 O � APPLE VALLEY "to - �� / 'J I DIFFLEY OSeasibility Reports2006\Pro' 937 Nicols Road\Location Map 4-27-06 Nicols Road ( Pin Oak Dr. - Cliff RoadAMA- ) fllt- Of Eap Sidewalk Improvements Fig. 1 Engineering Department Location Map - Project 938 I1`-3 MqX VARIES 6' VARIES SIDEWALK (6'-67 VARIES 2% (2% TO 1:4) MODULAR BLOCK -.RETAINING-WALL @ 4625 & 4635 (3 FT MAX HT) (16'-26') (16'-26') VARIES 6' 6' SIDEWALK VARIES (2% TO 1:4) 2% 4" CONCRETE SIDEWALK (MIX TYPE 3A32) 4" AGG. BASE, CL. 5 (100% CRUSHED) PROPOSED SIDEWALK CONSTRUCTION NOTE: SIDEWALK ON RIGHT SIDE FROM PIN OAK DRIVE TO NANCY CIRCLE ONLY. G:Feosibilit Re orts2006 Proj928 Nicols Rood Sidewalk LONE_OAK_DR_TYP_SECT2.dwo 6-2-06 Nicols Road ( Pin Oak Dr. - Cliff Road) *City of Eap Sidewalk Improvements- Project 938 Fig. 2.1 Engineering Department tQ Alternate'A' EX. EX. R/W R/W VARIES _ _ VARIES _ I VARIES (16'-26') (14'-26') PROPOSED B618 CONC. — CURB&GUTTER (33'-50') ROADWAY NARROWING VARIES (0'-101 6' 6' VARIES SIDEWALK 4--W VARIES VARIES (2% TO 1:4) (2%) REMOVE EX. CONC. I CURB & GUTTER 4" CONCRETE SIDEWALK (MIX TYPE 3A32) 4" AGG. BASE, CL. 5 PROPOSED SIDEWALK CONSTRUCTION G:Feosibilit Re orts2006 Pro'928 Nicols Rood Sidewalk NICOLS_SDWK_ALT_TYP.dw Nicols Road ( Pin Oak Dr. - Cliff Road) qWwCiti Of Ean Sidewalk Improvements- Project 938 Fig. 2.2 Engineering Department Alternate'B� 44 1 . I 4687 4677 4681 4691 4695 CONST. PEDESTRIAN J RAMP O — REMOVE CURB & GUTTER U FD z Im fOO M NICOLS ROAD O O Y 4" CONC. SIDEWALK U O U n.' Z " 4690 � I I 4680 4665 4651 4635 4655 INSTALL MODULAR BLOCK RETAINING WALL J 4 RELOCATE POLE . (BY OTHERS) O Z RELOCATE LIGHTPOLE io (BY OTHERS) io INSTALL 7" CONC. d DRIVEWAY APRON O m Q W C', CONST. PEDESTRIAN RAMP REMOVE CURB & GUTTER 4670 � PROPERTIES TO BE ASSESSED City of Eakan Engineering Department �EXHIBITBx1 1A Nicols Road ( Pin Oak Dr. - Cliff Road Sidewalk Improvements- Project 938 Alternate 'A' CASPER'S SII 46. INSTALL T' CONC. —/ DRIVEWAY APRON I I N M Fig. 3.1 I 4635 CASPER'S SIRLOIN ROOM WEi M 4625 4E CD FL INSTALL MODULAR BLOCK \ w RETAINING WALL W O \ .....� !.:' ] .'ii. y.!; :•R :. ••fi:; k.. ikN: r ,. .�. yyLr.J �;°vY. ..L.y,.,.�:.iy:;.:..i'•}'. fi'�.�r�a..N r:i :' F•�d. 't...•! ' J,!•.i t:. S,.wV° .3 SWn: '1.R '.S'i.A :',L :'iwiJ.. '•:•M, �': yyT:D 1:,�i:r r:a.. �.. t .h 4" CONC. SIDEWALK ie zo 7" CONC. INSTALL 7" CONC. INSTALL iD DRIVEWAY APRON N I CO LS ROA DRIVEWAY APRON d J Z CD CONST. PEDESTRIAN J U.1 RAMP REMOVE CURB & GUTTER U 111 rn ,PROPERTIES TO Q 2140 BEASSESSED DOOLITTLES EMOVEA REPLACE..___.... . _ .. ._ _. ._. .... , .. CONNECT TO EX. BITUMINOUS TRAIL BITUMINOUS SURFACE SPER'S SIRLOIN ROOM WENDY'S 4625 4615 r ■� � �a���s�o��� �������s�—'wee■ O s,i•A'•rh . O �' ,r".%ve ,a. .e�a^r :.{;::•r.'. :i' ..d;¢�:i•'.ji... :x: "w-"• u.;,. a, 0 s4>+!r' O INSTALL 7" CONC. LU DRIVEWAY APRON 'o NICOLS ROAD u_ m u_ Q = LU U W J ONST. P D 5 IAN 2140 REM EU tB & GUTTER DOOLITTLES PROPER I T BE ASS S E i G:Feasibilit Re orts2006\Pro'938 NICOLS ROAD SIDEWALK\EXHIBITBx17B 4-27-06 Nicols Road ( Pin Oak Dr. - Cliff Road ) qJWCity of Ean Sidewalk Improvements- Project 93,8 Fig. 3:2 Alternate 'AI 0 Engineering Department 4691 K95 4687 4681 4677 t N M (O 4" CONC. SIDEWALK 4690 � 1 o a RAMP CONST. PEDESTRIAN 1 REMOVE CURB & GUTTER U U Z Q Z 4680 Re orts2006\Pro•928NicolsRoodSidewolk ALT_EXHIBITBx71A Nicols Road ( Pin Oak Dr. - Cliff Road ) City Of Eagan, Sidewalk Improvements- Project 938 n9 Department Alternate'B' _ .._ _ -.-. _.. ___ _.._ .4655. _ _ . _ _. - 46.51 _ . _ - . 4665. (n " O 0- U O ch Z — W G w LL4o, REPLACE EXISTING CONC. �O DRIVEWAY APRON �O m 4" CONC. SIDEWALK Q WUJ CONST. PEDESTRIAN O RAMP — — REMOVE CURB & GUTTER 4680 4670 .4640 Re orts2006\Pro•928NicolsRoodSidewolk ALT_EXHIBITBx71A Nicols Road ( Pin Oak Dr. - Cliff Road ) City Of Eagan, Sidewalk Improvements- Project 938 n9 Department Alternate'B' 4651 4635 CASPER'S SIRLOIN ROOM 4625 M 0 ElO w w w m 13 W � fnio 'O M RELOCATE CB REPLACE EXISTING CONC. &O 4" CONC. SIDEWALK DRIVEWAY APRON s.: .� 1 yeti; .•.y :. f Y G Aw INSTALL 7" CONC. ••••••••••••• •• •• ••••• •••• DRIVEWAY APRON 2140 Ll z 4640 CONST. PEDESTRIAN (D J = RAMP — — — REMOVE CURB & GUTTER • • • • PROPERTIES TO BE ASSESSED CASPER'S SIRLOIN ROOM WENDY'S .. 4615 0 Q — O W a c� LO NI CO LS ROADEXTEND 0 Q 4" CONC. SIDEWALK STORM EWER! INSTALL LUINSTALL 7" CONC. CATCHBASIN UJ DRIVEWAY APRON 2140 U) z DOOL117LES J CONST. PEDESTRIAN U 0 AMP Q GUTTER — REMOVE CURB & • • • • PROPERTIES TO BE ASSESSED G:Feasibilit Re orts2006 Pro•936 NICOLS ROAD SIDEWALK\ALT_EXHIBIT8x11B 4-27-06 Nicols Road ( Pin Oak Dr. - Cliff Road ) City Of Eap Sidewalk Improvements- Project 938 Fig. 4.2 Alternate13' Engineering Department SLOPE 3/4" PER FT. •: E -A .. it d v •,, e d v • II • v v NOT 7" MINIMUM THICKNESS REQUIRED ON ENTIRE APRON, SUITABLE GRANULAR SUBGRADE OR CL. 5 (100% COMPACTION) EXCAVATE SUBGRADE TO ACCOMODATE 7" THICKNESS AT FLOW LINE SECTION A -A G:DETAIL PLATES/E"O REVISED STANDARD COMMERCIAL & INDUSTRIAL PLATE C' 0f Ea Ila 3/05 440 CONCRETE ENTRANCES Engineering Department FIGURE 5 MAXIMUM 8' TRANSVERSE JOINT BETWEEN JOINTS_ A J '... Min, ,_ _ 25 Min. Rad. 66 Curb a d 'a dv , v . ., •. v • a �4, a v.. 12,_6., a vd. v ..4 v CONTRACTION JOINT EXPANSION JOINT A (TYP.) 1. WHERE NEW DRIVEWAYS ARE TO BE ADDED 3. CONTRACTION JOINT PATTERN TO BE ACROSS EXISTING C&G, REMOVE EXISTING DETERMINED BY ENGINEER. C&G AND REPOUR INTEGRAL WITH THE CONCRETE ENTRANCE. 4. REQUIRED MIX DESIGNATION = 3A32 2. CONCRETE APRON REQUIRED FOR ALL ENTRANCES. P LAN G:DETAIL PLATES/E"O REVISED STANDARD COMMERCIAL & INDUSTRIAL PLATE C' 0f Ea Ila 3/05 440 CONCRETE ENTRANCES Engineering Department FIGURE 5 INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 938, NICOLS ROAD SIDEWALK (PIN OAK DR TO CLIFF RD) MAY 30, 2006, 6:30 P.M. Attendance: Tim Plath, Transportation Engineer; 1 person representing 1 property. A. Comments Received at the Neighborhood Meeting • Ms. Rachel Gorton (lead petitioner) attended. Her comments of support for the proposed project were emailed to the City Council on June 1, 2006 and are attached to these minutes. B. Comments Received Outside of the Neighborhood Meeting • Ms. Jean Cheskis, owner's representative 4655 Nicols Road, called on Tuesday, May 30, 2006 to express her opposition to the project and the proposed assessments. She feels it is not fair for the desires of a small group to cause her to pay a special assessment. • Mr. Ilya Cheskis, owner's representative 4651 Nicols Road, called on Tuesday, May 30, 2006 to express his opposition to the project and the proposed assessments. He feels it is not fair for the desires of a small group to cause him to pay a special assessment. • Mr. Rick Casper, owner's representative 4625 Nicols Road, appeared at City Hall on June 1, 2006 to express his opposition to the proposed project for the following reasons: --- __ 1. The location of the proposed sidewalk is on the west side of Nicols Road at Cliff Road while the MVTA bus stop is located on the east side of Nicols Road at Cliff Road. 2. The location of the proposed sidewalk is on the west side of Nicols Road at Cliff Road while the existing trail on the north side of Cliff Road is located on the east side of Nicols Road. 3. General safety concerns with the grade of the existing driveways adjacent to the proposed sidewalk on the' west side of Nicols Road and proposing the sidewalk on two sides of the road creating a street crossing for pedestrians. • Ms. Jean Cheskis, owner's representative 4655 Nicols Road, appeared at City Hall on June 2, 2006 to inquire on the special assessment methodology and to reaffirm her opposition to the project and the proposed assessments. Attachment \\Eacity\engineer$\Feasibility Reports\Feasibility Reports 2006\Proj 938 Nicols Road Sidewalk\Proj 938 NH Mtg Minutes.doc -71 Page 1 of 1 Tim Plath From: Rachel Gorton [rachel@gortons.net] Sent: Wednesday, May 31, 2006 11:18 PM To: City Council Cc: Tim Plath Subject: Project 938 - Nichols Road, Pin Oak Drive to Cliff Road I am writing today in support of the proposed sidewalk addition on Nichols Road between Pin Oak Drive and Cliff Road. I have lived in this neighborhood for almost seven years and have seen an increase in the pedestrian and bicycling traffic along Nichols Road as well as the increase in houses, businesses and thus, motorized traffic. After complaining with neighbors about the dangerous conditions, I started a petition to have a sidewalk installed. With the addition of the newer homes on the West side of Nichols Road, the road has become more residential despite its designation as a minor collector. Many children live adjacent to the road, school bus stops for both ISD191 and ISD196 are located on Nichols Road and many people walk, jog and ride bicycles to the schools, businesses and parks in the area. Traffic is unfortunately too fast yet strollers, bikes and wheelchairs don't lend themselves to tramping across the neighbors lawn. So,, we are left with an unsafe and unpleasant situation. The addition of the sidewalk would create a safe path for residents to walk, push and ride — to the neighboring businesses, restaurants, schools and parks. Although I will unfortunately be out of town for the City Council meeting on Tuesday, June 6t', I encourage you to approve this project. This would be a valuable and safe improvement for the residents and employees who live and work in our neighborhood. Thank You, Rachel Gorton 7/13/2006 INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 938, NICOLS ROAD SIDEWALK (PIN OAK DR TO CLIFF RD) JULY 10, 2006,6:30 P.M. Attendance: Tim Plath, Transportation Engineer; 2 property owners representing 1 property. A. Comments Received at the Neighborhood Meeting • Mr. and Mrs. Ellsworth Schwandt, 4670 Nicols Road, attended. Their comments were related to maintenance and snow removal for the proposed sidewalk improvements. A letter stating their concerns and the City's response are attached to these minutes. B. Comments Received Outside of the Neighborhood Meeting • Ms. Jean Cheskis, owner's representative 4655 Nicols Road, appeared at City Hall on June 7, 2006 requesting an update on the Council action the previous evening. • . Mr. Ellsworth Schwandt, 4670 Nicols Road, called on July 5, 2006 requesting more details on the revised project scope and location of the proposed sidewalk. City staff met with Mr. Schwandt at his residence and provided paint markings on the ground to indicate the location of the proposed sidewalk and further discussed the details of the revised project scope. Mr. Schwandt - - - questioned who is responsible for maintenance and- snow removal for the. proposed sidewalk. • Dr. Doug Bauer, DDS, Oak Cliff Dental Care, 4640 Nicols Road, was contacted on July 10, 2006 to discuss the revised project scope and location of the proposed sidewalk. Dr. Bauer's main concern was minimizing impacts to the trees on his property. • Mr. John Sheehan, Chief Operating Officer, Doolittles Woodfire Grill, 2140 Cliff Road, was contacted on July 10, 2006 to discuss the revised project scope, location of the proposed sidewalk, and proposed special assessment. Mr. Sheehan did not indicate his support or objection to the project during the course of this conversation. Attachments MacitylengineerMasibility ReportsTeasibility Reports 2006\Proj 938 Nicols Road SidewalkTroj 938 07-10 NH Mtg Minutes.doc JUL 10 2006 ENUNN ENGINEERING DEPARTMENT July 7,2006 Tmothy Plath Transportation Engineer Ellsworth and Pearl Schwandt 4670 Nicols Road Eagan, MN 55122 Dear Timothy, Subject: Sidewalk project on Nicols Road. As residents of Eagan, at 4670 Nicols Road, for 48 years, we would like to know who will be responsible for the maintence of the proposed sidewalk, such as snow and ice removal? Sincerely, Ellsworth and Pearl Schwandt 74 Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cltyofeagen.com THE LONE OAK TREE The symbol of strength and growth in our community. July 13, 2006 Mr. and Mrs. Ellsworth Schwandt 4670 Nicols Road Eagan, MN 55122 RE: Nicols Road Sidewalk Improvements City Project No. 938 Dear Mr. and Mrs. Schwandt: Thank you for your letter seeking clarification on maintenance and snow removal responsibilities for the proposed sidewalk along Nicols Road. The City of Eagan is responsible for ongoing maintenance of the proposed sidewalk. Such maintenance would include repairs to cracks and replacement of failed panels. This maintenance work is accomplished during overlays and/or street reconstruction which generally occur at 20 -year intervals. The City encourages adjacent property owners to remove snow from sidewalks, but does not have an ordinance which requires adjacent property owners to do so. A winter sidewalk/trail maintenance program has been adopted by the City which provides for the removal of snow from sidewalks and trails. The Council annually considers additional segments for this program in April. Requests for including this segment of sidewalk in the winter maintenance program should be addressed to: Mr. Tom Struve, Superintendent of Streets and Equipment, City of Eagan Maintenance Facility, 3501 Coachman Point, Eagan, MN 55122. Feel free to contact me at 651.675.5643 or tylath@cilyofeagan.com if you have any questions or need additional information. Sincerely, Timothy J. Plath, PE, PTOE Transportation Engineer cc: Russ Matthys, City Engineer Tom Struve, Supt. of Streets and Equipment Plath\'06UAmrs\schwandt07l3O6.doe 75 Agenda Information Memo July 18, 2006 Eagan City Council Meeting B. PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT ACTION TO BE CONSIDERED: Option 1) Approve Project 858 (Sibley Terminal Industrial Park — Storm Sewer Improvement) with one of the following Alternatives (NOTE: Council to select appropriate alternative): a) Alternative #2, (Install storm sewer adjacent to existing) and authorize the acquisition of right-of-way and easements through quick -take Eminent Domain, if necessary; AND/OR; c) Alternative #4, (Bulkhead 30" culvert, improve ditch, & construct pond) and authorize the acquisition of the pond easement for the appraisal estimate; and authorize the preparation of detailed plans and specifications for a contract to be let within 2 years; OR Option 2) Deny Project 858. FACTS: • On September 17, 2001, the City Council authorized the preparation of a feasibility report identifying the _..scope, cost,. financing and schedule of storm„ sewer improvements for the drainage area near Trunk Highway 13 and Terminal Drive in northwest Eagan. The Council authorization was in response to a petition from the property owner at 3220 Terminal Drive expressing drainage concerns. • The drainage concerns involve the discharge of overland flow from a 25 acre residential, area through a 30" unrestricted culvert under TH 13 onto the petitioner's property. The discharge impacts an existing parking lot and an undeveloped parcel. • On March 4, 2002, the Public Hearing for Project 858 was held. After the presentation of the feasibility and discussion from the affected property owner, the City Council continued consideration of Project 858 until April 16, 2002. • On April 16, 2002, the City Council again continued consideration of the project indefinitely directing staff to pursue Alternate #4 (originally estimated to be the cheapest of the four options) and investigate cost participation opportunities with MnDOT and easement acquisition costs. with the impacted property owners for future reconsideration by the Council. • MnDOT has indicated that they are not willing to provide any financial contributions to this alternative beyond removing their existing ditch block within the TH 13 right-of-way. The monetary value of this contribution is insignificant to the cost of the overall project. • A preliminary appraisal was also obtained for the upstream ponding easement required as a part of this Alternate. The estimated cost of the easement is $141,600. While the property owner has indicated he would consent to such an offer, this alternative no longer appears to be the least expensive. Agenda Information Memo July 18, 2,006 Eagan City Council Meeting B. PROJECT 858, SIBLEY TERNIFNAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT (cont) • The construction costs for the various alternatives in the Feasibility Study have been updated for construction in 2006. The updated estimate indicates the construction of Alternative 2 is now approximately $65,000 less than Alternative 4 if required temporary construction and permanent easements are obtained at no cost from the benefiting property owner. • Alternative 4 has the increased benefit of improving the quality of the storm water being discharged downstream to the Minnesota River. This is accomplished in two ways: 1) The direct drainage area to the existing pond in Terminal Drive will be reduced, resulting in a reduced runoff rate. This will increase the detention time in the basin improving pollutant removal efficiencies. 2) The pond proposed in Alternative No. 4 should provide additional treatment to National.Urban Runoff Protection (NURP) recommendations prior to discharge under TH 13. • The drainage concerns expressed by the original petitioner remain and he is awaiting a Council decision on some type of drainage improvement. • Any of the 4 storm sewer improvement alternatives included in the feasibility report will appropriately connect the 25 acre residential area (McRae & Letendre Additions) to the trunk storm sewer system in District C. All of these properties have previously paid their trunk storm sewer assessments. • All. noticeshave-been published- in. the --legal- newspaper and sent to. allaffected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pagesl8 throu • Updated Cost Estimates, pages/-&- I I17. 77 Terminal Drive Storm, Water Improvements City Project No. 858 Prepared for the City of Eagan January 30, 2002 B Date EAGAN ENGINEERING DEPr - -__-__i___________________ WS174150 Olson Memorial highway, Suite 300, Minneapolis, MN 55422 phone: 763-5414800 fag: 763-541-1700 & Associates, Inc. TERMINAL DRIVE STORM WATER IMPROVEMENT CITYPROJECT NO. 858 FEASIBILITYSTUDY FOR THE _ _ ........__CI_TY.OF_EAGAN January 30, 2002 Prepared by: WSB & Associates, Inc. 4150 Olson Memorial Highway, #300 Minneapolis, MN 55422 (763) 541-4800 (763) 541-1700 (fax) Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 i r t j�WSB & '-vociates.Inc. January 30, 2002 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Terminal Drive Storm Water Improvement Feasibility Study WSB Project No. 1380-05 Dear Mayor and City Council: We are pleased to present you with the Terminal Drive Storm Water Improvement Feasibility Study. L This study discusses the alternatives available to resolve the storm water concerns 'V,q 10 S "1 addressed by Global Equity. Partners in their petition to the City of Eagan. This report± contains a description of each alternative, an opinion of cost, and recommendations for construction and financing options available to fund the recommended improvements. `j I would be happy to discuss this report with you at your convenience. Please don't hesitate to .contact me at (763) 287-7182 if you have any questions regarding this report.. WSB & Associates, Ina Todd E. Hubmer, P.E. Project Manager c: Dave Hutton, WSB 4 a 415Q Olsofij;`' Terminal Drive Storm Water Feasibility Study �hJ City of Eagan V WSB Project No. 1380-051 Minneapolis • St. Cloud • Equal Opportunity Employer CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. Todd E. Hubmer, P Date: January 30, 2002 Lic. No. 24043 Terminal Drive Storm Water Feasibility Study City of Eagan, WSB Project No. 1380-051 TABLE OF CONTENTS TITLE SHEET CERTIFICATION TABLE OF CONTENTS EXECUTIVE SUMMARY I. INTRODUCTION.................................................................................................. 1 II. BACKGROUND INFORMATION....................................................................... 1 III. PROCEDURES AND METHODS......................................................................... 7 IV. ALTERNATIVES..............................................................................:.....................8 A. Alternative No. 1............................................................................................. 8 B. Alternative No. 2............................................................................................. 8 C. Alternative No. 3...................................................................I.......................... 9 D. Alternative No. 4............................................................................................. 9 V. RECOMMENDATIONS...................................................................................... 10 VI. FINANCING OPTIONS....................................................................................... 11 A. Direct Assessments........................................................ ................................ B. Trunk Assessments ............................................. :........................................... 11 C. Cooperative Agreement with Mn/DOT.......................................................... 11 D. Stone Water Trunk Fund.............................................................................. 12 ..VII._... _Revenue, Source ...................................................................................................... 12-,.-, _._. _ _ _.. VIII. Project Schedule.................................................................................................... 13 APPENDIXA................................................................................................................... 14 Figures.......................................................................................................................14 ProjectLocation Map.................................................................................................... 15 APPENDIXB ........ :......................... ................................................................................. 20 Preliminary Opinion of Cost......................................................................................... 20 Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 January 2002 Terminal Drive Storm Water Improvement Feasibility Study City Project No. 858 Eagan, Minnesota EXECUTIVE SUMMARY The City of Eagan retained WSB & Associates to prepare a feasibility study for the Terminal Drive Industrial Park. This study has been completed at the request of the City in response to a petition received from Global Equity Partners, LLC (GEP), a land owner in the Terminal Drive Industrial Park. The storm water runoff from approximately 25 -acres of residential area lying on the east side of Trunk Highway (TH) 13 discharges to the west through an existing 30" corrugated metal pipe (CMP) culvert just south of the intersection of Terminal Drive and onto GEP properties. Four improvement alternatives are presented in this study. Alternative 1. Convey the storm water runoff passing through the 30 -inch corrugated metal pipe culvert through GEP property to the existing storm sewer system located at the low point of Terminal Drive. Replace the existing Terminal Drive storm sewer systerri with a combination of 30 -inch and 42 in reinforced concrete (RC) pipes. Alternative 2. Similar to Alternative 1, but instead of replacing the Terminal drive storm sewer system, install a new parallel storm sewer system. Alternative 3. Convey runoff from the 30 -inch culvert crossing TH 13 to the low point of Terminal Drive and construct a storm water pond on. GEP property. Alternative 4. Bulkhead the 30 -inch culvert crossing TH13, and convey storm water flows north in the ditch along TH 13 to a new storm pond to be located east of TH 13 at Alexander Road. It is proposed that Alternative 4 be constructed. The cost to complete the improvements is between $210,000 and $235,000. The proposed improvements may be financed through direct assessments, trunk storm water fee assessments, storm water trunk fund, or possibly a Minnesota Department of Transportation (MnDOT) cooperative agreement. This project is feasible, necessary and cost effective from an engineering standpoint and should be constructed as- proposed. Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 I. INTRODUCTION The Terminal Drive Storm Water Improvement Feasibility Study is being completed by the City of Eagan in response to a petition received from Global Equity Partners, LLC (GEP). Global Equity Partners owns a parcel of property located in the southwest quadrant of the intersection of Terminal Drive and Trunk Highway (TH) 13 in the City of Eagan. This petition requested the City of Eagan to investigate alternatives available to accommodate storm water runoff from. approximately 25 acres of residential property passing under TH 13 and onto their parcel. The project area corresponds to the approximate watersheds of C=16 and C-4 of the City of Eagan's Surface Water Management Plan. The total drainage area tributary to the low point on Terminal Road is approximately 41.7 acres. The project area can be seen in Appendix A. The City of Eagan authorized WSB & Associates, Inc. to prepare a feasibility report in November of 2001. The purpose of this feasibility study is to evaluate the impact of storm water passing under TH 13 onto GEP property and to identify alternatives available for conveying this storm water runoff to the Minnesota River. This feasibility study. identifies four alternatives,_ ....... ...... II. BACKGROUND INFORMATION To complete the feasibility study, background information regarding the drainage area and the storm sewer system serving the Terminal Drive industrial parcels was evaluated. This evaluation was based on the following information: ■ Two -foot (2') topographical mapping of the study area provided by the City of Eagan, ■ Aerial photographs of the study area provided by Metropolitan Council, ■ Land Use. Guide for the City of Eagan dated January 1987, provided by the City of Eagan, ■ Terminal Drive street improvement plans prepared by BRAA, dated March 9, 1970, ■ Terminal Drive storm sewer improvement plans prepared by Bonestroo, Rosene, Anderlik & Associates (BRAA), dated June 5, 1990, ■ Field observation and photographs of the site. Terminal Drive Storm Water feasibility Study Page 1 City of Eagan WSB Project No. 1380-051 Based on our review of the information provided, the following observations in regard to the parcel in question are made: ■ The drainage area tributary to the TH 13 culvert crossing is approximately 25 acres. The land use within this watershed is residential and nearly .fully developed, with the exception of about 5 acres. ■ , The TH 13 culvert crossing consists of a 30 -inch corrugated metal pipe and a small ditch block in the TH 13 east ditch (see Picture.1 on page 3). ■ Water directed under TH 13 flows overland through a poorly defined channel on GEP property to the storm sewer located in the low point of Terminal Drive (see Picture 2 on page 3). ■ Storm sewer from the low point on Terminal Drive conveys water to the west and into an existing storm water pond (Pond CP-8)located just east of the railroad tracks at the base of the bluff line (see Picture 3 on page 4). Water from this pond then proceeds under the railroad tracks into the Minnesota River. The existing Terminal Drive storm water conveyance system is shown in the project location map of Appendix A. _ ._ . ■ _....During intense -rainfall -events; water -flows to the north over the ditch block east of TH 13, overtopping the driveway for Richfield Blacktop, and into a ravine located north of Alexander Road (see Pictures 4, 5 and 7 on pages 4, 5, and 6). There is an existing 36 -inch CM pipe culvert crossing TH 13 just north of Alexander Road, which conveys overland flow from the east across TH 13 where it connects to the existing storm sewer system in Alexander Drive. This system conveys water to the west into a large pond (Pond CP -9) adjacent to the Minnesota River (see Picture 6 on page 5). This background information was used in developing the alternatives presented within this report. Terminal Drive Storm Water Feasibility Study Page 2 City of Eagan WSB Project No. 1380-051 6 � T/r • - h WIN G��x "- - .. a`C n',.6it`�....�.i.- .. _xSc,...,�nc ;*"'c ,4� Picture 3: Parking Lot of 3209 Terminal Drive where existing Terminal Drive storm sewer conveys water to a pond located at the base of the bluff and east of the railroad tracks; facing west Picture 4: Ditch flowing north along east side of TH 13 at Richfield Blacktop driveway entrance; facing north Terminal Drive Storm Water Feasibility Study Page 4 City of Eagan WSB Project No. 1380-051 �`� Picture 5: Entrance to drop structure located in east ditch of "1'H 13. '1'his culvert carnes water from the ditch to the bottom of the ravine; facing north Picture 6: Entrance to 36 -inch CMP culvert crossing TH 13 just north or the intersection with Alexander Road; facing west Terminal Drive Storm Water Feasibility Study Page 5 Cityof Eagan WS WSB Project No. 1380-051 Picture 7: Ravine located in east quadrant of TH 13 at Alexander Road. Potential site for storm water pond described in Alternative 4; facing southeast Terminal Drive Storm Water Feasibility Study Page 6 City of Eagan /f) WSB Project No. 1380-051 8 III. PROCEDURES AND METHODS A hydrologic/hydraulic model with the trade name HydroCAD was used to evaluate the existing drainage conditions of the site. This model was also used to evaluate the alternatives presented within this report. The City of Eagan's existing storm sewer system is designed to accommodate a 5 - year storm event. The 5 -year storm eventis approximately 3.6 inches of rainfall in a 24-hour period with an SCS TYPE -II distribution. The 100 -year, 24-hour storm event, which is approximately 6 inches of rainfall in 24 -hours was also analyzed. The results of the HydroCAD modeling for the existing condition and the alternatives are presented in Appendix C. Based on the hydrologic/hydraulic review, the following comments are made: ■ Storm water runoff from the east side of TH 13 is directed through the 30 -inch corrugated metal pipe through the use of a ditch block located in the east ditch on the north side of the culvert. ■ During the 100=year storm event; approximately'47 cubic feet per second (cfs) flows north along the east side of TH 13, and approximately 33 cfs flows west through the 30 -inch corrugated metal pipe onto the GEP property. ■ During the 5 -year storm event, approximately 3.3 cfs flows north along the east side of TH 13, and an approximately 28 cfs flows west through the 30 - inch corrugated metal pipe and onto the GEP property. ■ The existing high water elevation at the low point in Terminal Drive forthe 5 - year event is approximately 770.96 feet. ■ The 100 -year high water elevation in the low point of Terminal Drive for the 100 -year storm event is approximately 772.82 in the existing conditions. ■ Each of the alternatives presented in this report provide 100 -year flood protection to elevation 772.0 at the low point of Terminal Drive. Terminal Drive Storm Water Feasibility Study Page 7 City of Eagan WSB Project No. 1380-051 IV. ALTERNATIVES Four alternatives were developed to accommodate the storm water runoff, which discharges onto the GEP parcel and into the Terminal Drive storm sewer system. A. Alternative No. 1 Convey the storm water runoff passing through the 30 -inch corrugated metal pipe culvert through GEP to the existing storm sewer system located at the low point of Terminal Drive. To provide 100 -year flood protection to the adjacent parcels, the capacity of the Terminal Drive storm sewer system will need to be increased. This alternative consists of the following: ■ Install 30 -inch RCP from the culvert crossing of TH 13 through GEP to the low point in Terminal Drive. ■ Replace the existing 24 -inch crossing under Terminal Drive with a. 30 -inch RCP. ■ - --Replace the existing 30 -inch -RCF with a 42 -inch RCP from the low point of Terminal Drive to Pond CP -8 located east of the railroad tracks. This alternative is shown in Figure Y of Appendix A. The estimated cost to complete this alternative is approximately $427,573. A breakdown of these costs is provided in Appendix B. B. Alternative No. 2 This alternative varies from Alternative No. 1 by constructing a new 27 -inch RC pipe parallel to the existing pipe from the low point of Terminal Drive to Pond CP -8 located east of the railroad. This alternative can be seen in Figure 2 of Appendix A. The estimated cost to construct this alternative is approximately $242,308. A breakdown of these costs is provided in Appendix B.' Terminal Drive Storm Water Feasibility Study Page 8 City of Eagan WSB Project No. 1380-059 C. Alternative No. 3 Construct storm water ponding within the Terminal Drive industrial area in order to reduce the storm water discharge rate into the existing storm sewer system. It is anticipated that approximately 3.8 acre-feet of storm water storage is required within the GEP parcel to limit the 100 -year high water elevation to approximately 772.0 feet at the low point of Terminal Drive. This alternative is shown in Figure 3 of Appendix A, and the estimated cost to construct this alternative is approximately $299,960 - $319,960. A breakdown of these costs is provided in Appendix B. D. Alternative No. 4 This alternative considers the removal of the ditch block along the east side of TH 13 and the bulkheading of the existing 30 -inch CMP culvert crossing. This alternative, would convey storm water runoff from the 25 -acre residential area north along. TH 13 to the culvert crossing located approximately 1,000 feet north. Water would then be conveyed northwest through the existing culvert crossing and to the Minnesota River. This alternative considers the following improvements: ■ Remove the ditch block located east of TH 13. ■ Bulkhead the existing 30 -inch corrugated metal pipe culvert crossing. ■ Replace the existing culvert crossing under Terminal Drive with a 42 -inch RC pipe. ■ Construct a storm water pond east of TH 13 at Alexander Road. This pond would discharge into the existing storm sewer system crossing TH 13. The discharge rates from this pond will be limited to the existing condition discharge rates from the east ditch of TH 13. This pond will also provide treatment of storm water runoff from the tributary drainage area. This alternative can be seen in Figure 4 in Appendix A, and the estimated cost to construct this alternative is approximately $207,100 — $232,100. A breakdown of these costs is provided in Appendix B. Terminal Drive Storm Water Feasibility Study Page 9 City of Eagan /3 -*7 WS8 Project No. 1380-051 V. RECOMMENDATIONS All the options presented within this feasibility study provide adequate flood protection to the low point on Terminal Drive and address the issues of the storm water currently being discharged under TH 13 onto the parcels of GEP. Alternatives No. 1 and No. 2 consider the replacement of the storm sewer system downstream of Terminal Drive to the existing storm water treatment pond (Pond CP -8) located just to the east of the railroad tracks. Construction of either of these alternatives would significantly impact the operations at the current commercial parcel located at 3209 Terminal Drive, as the new storm sewer would be constructed through the parking lot of this parcel as shown in Picture 3 on page 4. Alternative No. 3 proposes to use approximately 1.0 acre of developable land from the GEP parcel to construct the storm water detention pond. Alternative No. 4 is the least expensive alternative presented in this feasibility , study with an opinion of probable cost of $207,000 to $232,000. This alternative proposes to redirect the drainage, which currently discharges onto the GEP Parcel into the east ditch of TH 13, and into a proposed storm water rate control and treatment pond. Based on our review of the alternatives it is our recommendation that Alternative No. 4 be considered for construction based on the following: ■ Least disruptive to existing businesses within the Terminal Drive, Industrial Park. ■ Allows for the full development and utilization of land in the Terminal Drive Industrial Park. ■ It is the least costly of the four alternatives presented within this report. ■ This ponding area may be expanded by Mn/DOT in the future to accommodate a future expansion of TH 13. ■ This alternative routes all storm water drainage away from the GEP parcel effectively eliminating the concerns contained in the petition filed by GEP to the City of Eagan. Should the City of Eagan desire to proceed with alternative No. 4 it is our recommendation,that the easementacquisition of a proposed ponding area be acquired prior to a bidding the project. Land acquisition is the biggest unknown in the cost opinion provided in this report. Not letting the contract before acquiring the easements, allows the city the opportunity of exploring a different alternative if easement negotiations cannot be reached for reasonable costs. Terminal Drive Storm Wafer Feasibility Study Page 10 City of Eagan WSS Project No. 1380-051 J VI. FINANCING OPTIONS The financial options discussed in this section of the study are available for each of the four alternatives. However, we will focus specifically on Alternative No. 4. Funding options available to the City of Eagan are as follows: A. Direct Assessments Special assessments of the properties located within the drainage area tributary to the proposed pond east of TH 13 at Alexander Street would be difficult to sustain on a benefit basis. Due to the interest in the proposed improvements by the petitioner, it is proposed that the GEP parcels be assessed for the improvements. This assessment should be by an agreement between the City of Eagan and GEP, which allows GEP to fully develop their parcel. Currently, development of the GEP parcel would require additional ponding or an assessment to construct storm sewer improvements to accommodate this development. The existing storm water drainage, which enters the GEP parcel, is the historical drainage pattern in the -- project area. Jt is typical that downstream -property owners must -perpetuate -.. existing drainage patterns through their property at their expense. Based on this observation, GEP should contribute to the construction of any system which would benefit their parcel by directing the drainage elsewhere. B. Trunk Assessments Properties tributary to the proposed drainage improvements in the City are routinely assessed trunk storm sewer fees. The two GEP parcels directly benefited .by the proposed improvements have previously been assessed for the trunk storm sewer. C. Cooperative Agreement with Mn/DOT Several acres of TH 13 currently drain to the proposed ponding location. This project proposes to provide storm water treatment andrate control to this existing drainage prior to being discharged into the City's storm sewer system and downstream to the Minnesota River. Should Mn/DOT plan to upgrade TH 13 in the future, they may be required to provide rate control and treatment of storm water runoff from the right-of-way areas prior to discharging into adjacent waterways. Therefore, Mn/DOT maybe interested in entering into a cooperative Terminal Drive Storm Water Feasibility Study Page 11 City of Eagan WSB Project No. 1380-051 agreement to participate in the construction of this pond. This is a prime location for Mn/DOT to direct drainage from any future improvements of TH 13. A Mn/DOT permit will be required to complete the proposed improvements within TH 13 Right -of -Way. Q. Storm Water Trunk Fund The City may choose to fund a portion or the project in its entirety from the storm water utility fund. The Feasibility Study for Project 858, Terminal Drive Storm Water Improvements, addresses the issues associated with the concerns of the petition presented to the City of Eagan by Global Equity Partners, Inc. We believe that this project is necessary upon development of the GEP parcel and that is feasible to construct the improvements contained within this report. V11. Revenue Source A summary of revenue sources is listed below: Property City. Project Cost Assessment Contribution Storm Water Improvements $232,000 $232,000 $0 Total $232,000 $232,000 This assessment is anticipated to be applied as shown in Table 1: Table 1: Proposed Storm Water Assessments — Project 858 Assessable Proaerties PIN Address Areas . ft.) I Assessment 106805001002 3210 TERMINAL DRIVE 95,048 $79,422 106805002002 3220 TERMINAL DRIVE 182,604 $152,584 Total 277.651 5232.006 TOTAL ASSESSMENTS = $232,006 $0 Terminal Drive Storm Wafer Feasibility Study Page 12 City ofEagan P WS8 Project No. 1380-051 VIII. Project Schedule Present Feasibility Report to City Council/Order Public Hearing February 5, 2002 Meeting with Property Owner................................................................February 27, 2002 Public Hearing (Approve/Deny Project).......................................................March 4, 2002 If Project 858 is Approved: Easement Acquisition...................................................................................... July 5, 2002 Approve Plans and Specifications.............................................................. August 6, 2002 AwardContract...................................................................................... September 3, 2002 Project Completion.............................................................................. November 15, 2002 FinalCost Report .......................:............................................. .......December 2002 .. Final Assessment Hearing................................................................................. Spring 2003 First Payment Due with Property Tax Statement ..........................................May 15, 2004 Terminal Drive Storm Water Feasibility Study Page 13 City of Eagan WSB Protect No. 1380-051 "/(�' APPENDIX A ..Figures.._........ _ .. . Terminal Drive Storm Water Feasibility Study Page 14 City of Eagan WSS Project No. 1380-051 Project Location Map Terminal Drive Storm Water Feasibility Study Page 15 City of Eagan WSS Project No. 1380-051 1 ■ Figure 1 Alternative 1 Terminal Drive Storm Water Feasibility Study l Page 16 City of Eagan WSB Project No. 1380-05.1 Figure 2 _.. Alternative 2 - Terminal Drive Storm Water Feasibility Study Page 17 City of Eagan WSB Project No. 1380-051 xz� S:y" y ira �sRA'?'tn T ,� ,y 9 ah.3 1 ..y.., -r. t r s "i a �' •:` �. �'Q, wtt r .�cw ronk o�0�Y��39���'�' r: s� 3 G{� w ttyy y[a' Z3 .. r e 3d ttnty, C� { k e r - �3 Y "Pis. ." >r i 1 r_ Y �V h�f*T; �Qltl g C Q�� 1-X YA Legend ." Rr7 r �a Subwatershed Boundary Structure Bee Hive Manhole Vained Grate WF P�� Existing StormImprovement New Pipe I,i�k'Y Replace Old Pipe i fOK1.JV C.MGIV 1 H1— I GMIrh A IV 1_- W+ . o i6a 300 Figure 3 Alternative 3 Terminal Drive Storm Water Feasibility Study Page 18 City of Eagan / WSS Project. No. 1380-051 -ill r-AkLZ/AIN MWATFR 0 Figure 4 Alternative 4 Terminal Drive Storm Water Feasibility Study Page 19 CityWS Project WS 8 Protect No. 1380-051 (// APPENDIX B PreliminaryOpinion o os -t Terminal Drive Storm Water Feasibility Study/��q Page 20 City of Eagan /(C8 WSB Project No. 1380-051 APPENDIX B ENGINEER'S OPINION OF COST TERMINAL DRIVE STORM WATER FEASIBILITY STUDY CITY OF EAGAN WSB PROJECT NO. 1380-05 ALTERNATIVE 1 - REPLACE EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $4.00 $532.00 3 CURB REMOVAL LIN. FT. 40 $2.10 $84.00 4 REMOVE RCP's (24'1 LIN. FT. 60 $6.50 $390.00 5 PARKING LOT REMOVAL SQ. YD. 2,000 $4.00 $8,000.00 6 REMOVE RCP's (30'1 LIN. FT. 1,052 $6.50 $6,838.00 7 REMOVE MANHOLES EACH 9 $1,200.00 $10,800.00 8 30" RCP LIN. FT. 852 $50:00 $42,600.00 9 42" RCP LIN. FT. 1,052 $85.00 $89,420.00 10 1 CONSTRUCT 54' MANHOLE LIN. FT. 5.0 $270.00 $1,350.00 11 ICONSTRUCT 66' MANHOLE LIN. FT. 60.0 $280.00 $16,800.00 12 CONSTRUCT 72' MANHOLE LIN. FT. 8.0 $290.00 $2,320.00 13 CONSTRUCT 78' MANHOLE LIN. FT. 15.0 $300.00 $4,500.00 14 INSTALL CURB & GUTTER LIN. FT. 40 $8.00 $320.00 15 REPLACE ROAD SECTION SQ. YD.. 133 $42.00 $5,586.00 16 IREPLACE PARKING LOT SQ. YD. 2,000 $42.00 $84,000.00 17 - RESTORATION / SOD / SEED SQ. YD._ ._ ... 8,400.... _ .... _...$.3.00 .. __ _ .._ _425,200..00 18 INSTALLATION OF CATCH BASIN EACH '` 3 $1,500.00 $4,500.00 SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS1 $313,240.00 $15,662.00 $328,902.00 $98,671.00 TOTAL ALTERNATIVE 1 $427,573.00 w 0 ALTERNATIVE 2 - INSTALL STORM SEWERS ADJACENT TO EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $4.00 $532.00 3 CURB REMOVAL LIN. FT. 40 $2.10 $84.00 4 REMOVE RCP's (24") LIN. FT. 60 $4.00 $240.00 5 REMOVE MANHOLES EACH 3 $1•,200.00 $3,600.00 6 PARKING LOT REMOVAL SQ. YD. 2,000 $6.50 $13,000.00 7 27" RCP LIN. FT. 1,904 $46.00 $87,584.00 8 CONSTRUCT 54' MANHOLE LIN. FT. 55.0 $270:00 $14,850.00 9 CONSTRUCT 66' MANHOLE LIN. FT. 15.0 $280.00 $4,200.00 10 CONSTRUCT 72' MANHOLE LIN. FT. 7.7 $290.00 $2,233.00 11 INSTALL CURB & GUTTER LIN. FT. 40 $8.00 $320.00 12 REPLACE ROAD SECTION SQ. YD. 133 $42.00 $5,586.00 13 REPLACE PARKING LOT SQ. YD. 133 $42.00 $5,586.00 14 RESTORATION / SOD / SEED SQ. YD. 8,400 $3.00 $25,200.00 15 1INSTALLATION OF CATCH BASIN EACH 3 $1,500.00 $4,500.00 SUBTOTAL +5% CONTINGENCIES SUBTOTAL1, +30% INDIRECT COSTS 1 $177,515.00 $8,875.75 $186,390.75 $55,917.23 TOTAL ALTERNATIVE 2 $242,307.98 11t) ALTERNATIVE 3 - CONTSTRUC11ON OF STORM WATER POND ON GEP PROPERTY ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 CLEAR AND GRUB TREE 22 $300.00 $6,600.00 3 POND EXCAVATION CU. YD. 9,000 $6.00 $54,000.00 4 30" RC PIPE APRON W/TRASH GUARD EACH 2 $2,500.00 $5,000.00 5 30" RC Pipe LIN. FT. 760 $50.00 $38,000.00 6 RANDOM RIP RAP CL VI (FIELD STONE) CU. YD. 20 $80.00 $1,600.00 7 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $3.42 $85.42 8 STREET REMOVAL SQ. YD. 133 $4.00 $532.00 9 CURB REMOVAL LIN. FT. 20 $2.10 $42.00 10 REMOVE RCP's (24") LIN. FT. 60 $6.50 $390.00 11 1 REMOVE MANHOLES EACH 3 $1,200.00 $3,600.00 12 CONTRUCT 54" MANHOLE LIN. FT. 12.0 $270.00 $3,240.00 13 INSTALL CURB & GUTTER LIN. FT. 20 $8.00 $160.00 14 REPLACE ROAD SECTION SQ. YD. 133 $42.00 $5,586.00 15 INSTALLATION OF CATCH BASIN EACH 2 $1,500.00 $3,000.00 LAND ACQUISITION ($3.00 TO $3.50 / SQ FT) SUBTOTAL +5% CONTINGENCIES1 $131,835.42 $6,592.00 SUBTOTAL +30% INDIRECT COSTS $138,427.42 $41,528.00 $120,000-$140,000 TOTAL ALTERNATIVE 3 $299,960-$319,960 ALTERNATIVE 4 - BULKHEAD 30" CULVERT, IMPROVE DITCH, AND CONTSTRUCT STORM WATER POND ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 CLEAR AND GRUB ACRE 1 $3,500.00 $3,545.56 3 POND EXCAVATION CU. YD. 6,744 $6.00 $40,462.40 4 30" RC PIPE APRON W/TRASH GUARD EACH 2 $2,500.00 $5,000.00 5 30" RC PIPE LIN. FT. 75 $50.00 $3,750.00 6 42" RC PIPE LIN. FT. 50 $10U.00 $5,000.00 7 RANDOM RIP RAP CL VI (FIELD STONE) CU. YD. 20 $80.00 $1,600.00 8 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $3.42 $85.50 9 SEED, MULCH ACRE 0.5 $4,000.00 $2,066.12 10 WOOD FIBER BLANKET SQ. YD. 2500 $3.00 $7,500.00 11 BULKHEAD 30" RC PIPE EACH 1 $350.00 $350.00 12 DITCH GRADINGIEXCAVATION CU. YD. 3556. $8.00 $28,444.44 13 REMOVE 12" CMP LIN. FT. 50 $7.00 $350.00 14 42" RC PIPE LIN. FT. 50 $100.00 $5,000.00 15 CLASS V AGGREGATE BASE TON 14 $60.00 $840.00 16 12331 BITUMINOUS BASE COURSE TON 15 $75.00 $1,100.00 LAND ACQUISITION ($1.00 TO $1.50 / SQ FT) SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $115,094.62 $5,755.00 $120,849.02 $36,255.00 $50,000475,000 TOTAL ALTERNATIVE 4 $207,1004232,100 lit APPENDIX B ENGINEER'S OPINION OF COST TERMINAL DRIVE STORM WATER FEASIBILITY STUDY CITY OF EAGAN WSS PROJECT NO. 1380-06 ALTERNATIVE 1 - REPLACE EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 3 CURB REMOVAL LIN. FT. 40 $3.50 $140.00 4 REMOVE RCP's 24" LIN. FT. 60 $7.00 $420.00 5 PARKING LOT REMOVAL SQ. YD. 2,000 $4.00 $8,000.00 6 REMOVE RCP's 30" LIN. FT. 1,052 $7.00 $7,364.00 7 REMOVE MANHOLES EACH 9 $1,300.00 $11,700.00 8 30" RCP LIN. FT. 852 $60.00 $51,120.00 9 42" RCP LIN. FT. 1,052 $92.00 $96,784.00 10 CONSTRUCT 54' MANHOLE LIN. FT. 5.0 $270.00 $1,350.00 11 CONSTRUCT 66' MANHOLE LIN. FT. 60.0 $300.00 $18,000.00 12 CONSTRUCT 72' MANHOLE LIN. FT. 8.0 $400.00 $3,200.00 13 CONSTRUCT 78' MANHOLE LIN. FT. 15.0 $420.00 $6,300.00 14 INSTALL CURB & GUTTER LIN. FT. 40 $15.00 $600.00 15 REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 16 REPLACE PARKING LOT SQ. YD. 2,000 $55.00 $110,000.00 17 RESTORATION / SOD / SEED SQ. YD. 8,400 $3.50 $29,400.00 18 INSTALLATION OF CATCH BASIN EACH 3 $2,000.00 $6,000.00 SUBTOTAL +50k CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $371,816.00 $18,591.00 $390,407.00 $117,122.00 W:\1380-05\excel\7-10-06 Terminal Drive Cost Estimate TOTAL ALTERNATIVE 1 $507,529.00 //v ALTERNATIVE 2 - INSTALL STORM SEWERS ADJACENT TO EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 3 CURB REMOVAL LIN. FT. 40 $3.50 $140.00 .4 REMOVE RCP's 24" LIN. FT. 60 $7.00 $420.00 5 REMOVE MANHOLES EACH 3 $1,300.00 $3,900.00 6 PARKING LOT REMOVAL SQ. YD. 2;000 $4.00 $8,000.00 7 27" RCP LIN. FT. 1,904 $65.00 $123,760.00 8 CONSTRUCT 54' MANHOLE LIN. FT. 55.0 $270.00 $14,850.00 9 CONSTRUCT 66' MANHOLE LIN. FT. 15.0 $300.00 $4,500.00 10 CONSTRUCT 72' MANHOLE LIN. FT. 7.7 $400.00 $3,080.00 11 INSTALL CURB & GUTTER LIN. FT. 40 $15.00 $600.00 12 REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 13 REPLACE PARKING LOT SQ. YD. 133 $55.00 $7,315.00 14 RESTORATION / SOD / SEED SQ. YD. 8,400 1 $3.50 $29,400.00 15 1INSTALLATION OF CATCH BASIN EACH 3 $2,000.06 $6,000.00 LAND ACQUISITION ($4.50 TO $5.00/SQ FT),. SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $223,403.00 $1.1,170.15 $234,573.15 $70,371.95 $36,000-$40,000 WAI380-05\excell7-10-08 Terminal Drive Cost Estimate TOTAL ALTERNATIVE 2 $344,945-$348,945 //5 ALTERNATIVE 3 - CONTSTRUCTION OF STORM WATER POND ON GEP PROPERTY ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 1$10,000.00 $10,000.00 2 CLEAR AND GRUB TREE 22 $425.00 $9,350.00 3 POND EXCAVATION CU. YD. 9,000 $13.00 $117,000.00 4 30" RC PIPE APRON WITRASH GUARD EACH 2 $2,700.00 $5,400.00 5 30" RC Pie LIN. FT. 760 $60.00 $45,600.00 6 RANDOM RIP RAP CL VI FIELD STONE CU. YD. 20 $95.00 $1,900.00 7 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $4.00 $100.00 8 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 9 CURB REMOVAL LIN. FT. 20 $3.50 $70.00 10 REMOVE RCP's 24" LIN. FT. 60 $7.00 $420.00 11 REMOVE MANHOLES EACH 3 $1,300.00 $3,900.00 12 CONTRUCT 54" MANHOLE LIN. FT. 12.0 $270.00 $3,240.00 13 INSTALL CURB & GUTTER LIN. FT. 20 $15.00 $300.00 14 'REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 15 IINSTALLATION OF CATCH BASIN EACH 2 $2,000.00 $4,000.00 LAND ACQUISITION ($4.50 TO $5.001 SQ FT) SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $212,718.00 $10,636.00 $223,354.00 $67,006.00 $180,0004200,000 TOTAL ALTERNATIVE 3 $470,360-$490,360 W;\1380-05\excel\7-10-06 Terminal Drive Cost Estimate ALTERNATIVE 4 - BULKHEAD 30" CULVERT, IMPROVE DITCH, AND CONTSTRUCT STORM WATER POND ITEM DESCRIPTION UNIT EST..QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 CLEAR AND GRUB ACRE 1 $7,200.00 $7,293.72 3 POND EXCAVATION CU: YD. 6,744 $13.00 $87,668.53 4 30" RC PIPE APRON W/TRASH GUARD EACH 2 $2,700.00 $5,400.00 5 30" RC PIPE LIN. FT. 75 $60.00 $4,500.00 6 42"RC PIPE LIN. FT. 100 $110.00 $11,000.00 7 RANDOM RIP RAP CL VI FIELD STONE CU. YD. 20 $95.00 $1,900.00 8 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $400.00 $10,000.00 9 SEED, MULCH ACRE 0.5 $5,200.00 $2,685.95 10 WOOD FIBER BLANKET SQ. YD. 2500 $3.50 $8,750.00 11 1BULKHEAD 30" RC PIPE EACH 1 $400.00 $400.00 12 DITCH GRADING/EXCAVATION CU. YD. 3556 $13.00 $46,222.22 13 REMOVE 12" CMP LIN. FT. 50 $6.00 $300.00 14 CLASS V AGGREGATE BASE TON 14 $60.00 $840.00 15 2331 BITUMINOUS BASE COURSE TON 15 $80.00 $1,173.33 LAND ACQUISITION • SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $198,133.76 $9,907.00 $208,040.76 $62,412.00 $141,600.00 TOTAL ALTERNATIVE 4 $412,052.76 117 WA1380-05\excell7-10-06 Terminal Drive Cost Estimate Agenda Information Memo July 18, 2006, Eagan City Council Meeting C. PROJECT 929 RED PINELANE/ GUN CLUB ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: APPROVE/DENY Project 929 (Red Pine Lane/ Gun Club Road Street & Utility Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • On March 27, 2006, City staff received a petition from Revestors, Inc., developers of the proposed "Red Pine Crossing" development, requesting the preparation of a feasibility report for street improvements on Red Pine Lane (Biscayne Avenue to Highway 3) and Gun Club Road (Biscayne Avenue to approximately 300 feet west), and sanitary sewer improvements within the development property. • Red Pine Crossing is a preliminary subdivision, rezoning, and planned development application submitted by Revestors, Inc. on approximately 10 acres in the southeast corner of Red Pine Lane and Highway 3 in southeast Eagan. Red Pine Crossing proposes commercial development consisting of general retail, grocery, and banking uses. • On April 4, 2006, the City Council preliminarily approved the rezoning, planned development and subdivision of Red Pine Crossing. • Conditions of approval for the developer included that the developer be responsible for the -- following: 1. all roadway and signal mitigative improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection necessary to serve the development. 2. the extension of public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City Comprehensive Sewer Plan. 3. the upgrade of Gun Club Road from Biscayne Avenue to the Red Pine Crossing development (approximately 300 feet). • Also on April 4, the City Council received the petition from Revestors, in response to the conditions of approval, and authorized the preparation of a feasibility report by the City Engineer for Project 929 (Red Pine Lane/ Gun Club Road) for these improvements. • On June 13, 2006, Revestors, Inc. submitted a request that the Red Pine Lane and sanitary sewer portions of the public improvement project be deleted. Revestors, Inc. requests that these improvements be performed privately by the developer under terms of a development contract and conditions of approval. The developer requests that the Gun Club Road portion of the improvements remain as a public improvement project. • A draft Feasibility Report, with Gun Club Road improvements only, was received by the Council on June 20, 2006 and a Public Hearing was scheduled for Tuesday, July 18, 2006. Agenda Information Memo July 18, 2006, Eagan City Council Meeting C. PROJECT 929(cont) • An informational neighborhood meeting was held on July 11 with area residents to discuss the results of the Red Pine Lane Traffic Study prepared by the City's traffic consultant, SEH, Inc. The traffic study analyzed the impact of the proposed Red Pine Crossing development, as well as surrounding existing and proposed area development. Of the 22 total properties (residential and Red Pine Elementary School) noticed for the meeting, four property owners attended the informational meeting. • An informational meeting was also held on July 12 with affected property owners adjacent to Gun Club Road. Of the four total properties affected, no one attended the meeting. • All notices have been published in the legal newspaper and sent to all affected "property owners informing them of this public hearing. ATTACHMENTS: gh� • Feasibility Report, pages throu 7 .3J ��// • Minutes of Informational Meeting — Red Pine Lane, pages1t7�through i, F„¢v�,�s h ="`y�� - � �( s.� imp.^ E 1'.� d � � ��"' � ( L Y Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. July 12, 2006 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Gun Club Road - Street Improvements City Project No. 929 Dear Mayor and City Council: Attached is our report for the Gun Club Road — Street Improvements, City Project No. 929. 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. Sincerely, fohn P. Gorder Assistant City Engineer Reviewed By: I/ Dept. of PAM 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. J hn P. Gorder Date:Reg. No. 22813 Date: -, _ (3 —OG. Date: /15 n©Y TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction/ History............................................................................................................................ 2 Scope.......................:.............................................................................................................................. 3 Feasibilityand Recommendations......................................................................................................3 ProposedImprovements.......................................................................................................................4 Easements/Permits...............................................................................................................................4 CostEstimate........................................................................................................................................ 4 Assessments......................................................................................... ......... _ ...................... 5 Assessment Financing Options........................................................................................................... 6 RevenueSource..................................................................................................................................... 7 ProjectSchedule...................................................................................................................................7 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street & Utility Improvements/ Assessment Area Map - 3 Gun Club Road — Typical Section July 2006 Gun Club Road - Street Improvements Introduction/ History In April, 2006 the City Council requested that a feasibility report be prepared to determine the scope, cost, schedule, and method of financing for street improvements to Red Pine Lane, sanitary sewer improvements through the Red Pine Crossing development, and the upgrade of Gun Club Road from Biscayne Avenue to approximately 230 feet west. Consideration of these improvements was initiated by a petition from Revestors, Inc. in conjunction with conditions of approval for the proposed Red Pine Crossing development. Subsequent to, the original petition, Revestors has indicated that they wish to perform the Red Pine Lane street improvements and sanitary sewer improvements privately and requested that this construction be removed from consideration under this public improvement project. The petition for the upgrade of approximately 230 of Gun Club Road remains for consideration under this project. Gun Club Road - Gun Club Road is a rural -section gravel road and is located in southeast Eagan east of Highway 3. Figure 1, located in Appendix C, illustrates the project location. Gun Club Road originated as a farm access road to Highway 3, and its maintenance was subsequently assumed by the City. The Gun Club Road railroad crossing and intersection with Highway 3 was removed in conjunction with the construction of Red Pine Lane in 1994. The current gravel road is minimally maintained by the City. The portion proposed for consideration under this project is from Biscayne Avenue to approximately 230 feet west, and serves four separate properties, the proposed Red Pine Crossing development (commercial), the West End Gun Club (park), 4895 Biscayne Avenue (light industial), and Outlot A, Long Acres (future residential). The remainder of Gun Club Road to the west is proposed to be vacated and incorporated into the Red Pine Crossing development. Scope This project provides for the street upgrade construction of Gun Club Road (approximately 230 feet long), west of Biscayne Avenue. Figure 2, located. in Appendix C, illustrates the project limits. Also --included in the project -is the extension of sanitary- sewer and water mains to provide service to adjacent properties. Feasibility and Recommendations This project is necessary to provide for improved safety by providing a bituminous driving surface for vehicles accessing properties on to Gun Club Road, controlling surface runoff with curb/ gutter and storm sewer, and to provide utility service to adjacent properties. This project is cost effective in that upgrading Gun Club Road and extending sanitary sewer and water main will add value to the adjacent individual properties. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the City. i2y Proposed Improvements This project provides for the upgrade construction, with cul-de-sac, of Gun Club Road east from Biscayne Avenue approximately 230 feet. A 36 -foot wide street section will be constructed to current city standards over the existing subgrade within existing right-of-way. The street .section will consist of a 4 '/2" bituminous surface supported by 8" gravel base, with concrete curb & gutter over a graded subgrade (see Figure 3). Where possible, the existing gravel base will be salvaged for re -use in the new street section for economic benefit. Lateral storm sewer will be constructed to connect with existing storm sewer to provide drainage for the street surface. Lateral sanitary sewer and water mains, with service stubs, will be extended from existing lines within Biscayne Avenue to provide future service for adjacent properties. Easement/Permits Acquisition of easement for the construction and perpetual maintenance of cul-de-sac bubble will be necessary. All other work will be performed within existing fight -of -sway and easement. Minnesota Pollution Control Agency sewer extension and Department of Health water main permits will be necessary for the proposed construction. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2006 construction costs and include 10% contingency and indirect costs of 30%; which include legal; administration, engineering, and bond interest. A summary of the costs are as follows: Gun Club Rd. Street Upgrade Improvements $78,000 Sanitary Sewer Lateral $13,300 Water Main Lateral $17,450 Water/ Sewer Service Stubs $4.430 Total Project Cost $113,180 Assessments Assessments are proposed to be levied against the benefited properties. The City of Eagan's Special Assessment Policy for street improvements for local streets and utility extensions is as follows: City Special Assessment Policy Gun Club Road Upgrade All lots as shown on Figure 2, having driveway access on to Gun Club Road to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the street upgrade costs are assessable for local streets. Four properties will benefit from the proposed street improvements, two. properties directly adjacent and two at the west end of the improvements.. All assessments will be based on fibArproiect costs: Residential/ Park Properties - It is proposed to assess the two southerly properties (Outlot A, Long Acres and 650 Gun Club Road — West End Gun Club) a residential street equivalent (32 feet) based on their front footage. The residential upgrade of Gun Club Road is a condition of final subdivision approval for the Long Acres development. The estimated cost per front foot for the V2 the residential street equivalent to be assessed for the Gun Club Road upgrade based on the City Assessment Policy is $95.30/foot and is calculated as follows: Estimated Cost of 32' Wide Residential Street Equivalent = $45,930 V2 of Residential Street Equivalent = $22,965 $22,965 (Residential Street Equiv. Cost ) 4 $95.30/F.F for Street Upgrade 241 Total F.F Commercial/ Industrial Properties - It is proposed to assess the two northerly properties ("Red Pine Crossing" and 4895 Biscayne Avenue) for the oversizing of the street (32 feet to 36 feet) Assessment Ratio Prouerty City Street Improvements - Upgrade 100% 0% Sanitary Sewer Lateral 100% 0% Water Main Lateral .100% 0% Gun Club Road Upgrade All lots as shown on Figure 2, having driveway access on to Gun Club Road to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the street upgrade costs are assessable for local streets. Four properties will benefit from the proposed street improvements, two. properties directly adjacent and two at the west end of the improvements.. All assessments will be based on fibArproiect costs: Residential/ Park Properties - It is proposed to assess the two southerly properties (Outlot A, Long Acres and 650 Gun Club Road — West End Gun Club) a residential street equivalent (32 feet) based on their front footage. The residential upgrade of Gun Club Road is a condition of final subdivision approval for the Long Acres development. The estimated cost per front foot for the V2 the residential street equivalent to be assessed for the Gun Club Road upgrade based on the City Assessment Policy is $95.30/foot and is calculated as follows: Estimated Cost of 32' Wide Residential Street Equivalent = $45,930 V2 of Residential Street Equivalent = $22,965 $22,965 (Residential Street Equiv. Cost ) 4 $95.30/F.F for Street Upgrade 241 Total F.F Commercial/ Industrial Properties - It is proposed to assess the two northerly properties ("Red Pine Crossing" and 4895 Biscayne Avenue) for the oversizing of the street (32 feet to 36 feet) and the cul-de-sac bubble based on their net area. The proposed assessments are calculated as follows: • Total Net Area Commercial/ Industrial = 8.4 acres O "Red Pine Crossing" = 7.7 acres = 91.7% O 4895 Biscayne Avenue = 0.7 acres = 8.3% • Total Cost of Oversizing/ Cul-de-sac = $55,035 O $55,035 x 91.7% =. $50,445 (Proposed assessment to "Red Pine Crossing") O $55,035 x 8.3% = $4,590 (Proposed assessment to 4895 Biscayne Avenue) Sanitary Sewer/ Water Main Extension This project proposes to extend sanitary sewer and water main service to the west within Gun Club Road to serve possible future development of Outlot A, Long Acres and to provide fire protection for the Red Pine Crossing development (see Figure 2). It is proposed to assess these two properties for the full cost of the utility extension improvements, in accordance with the City Special Assessment Policy. Assessment FinancinEr Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over fifteen (15) years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result per $1,000 assessment based on an estimated 5.5% interest for the assessed amounts: Revenue Source Revenue for this project is proposed through property assessment as follows: Project Property City Cost Assessment Contribution Gun Club Road $78,000 $78,000 -0- Sanitary Sewer Lateral $13,300 $13,300 -0- Water Main Lateral $17,450 $17,450 -0- Sewer/ Water Stubs $4,430 $4,430 -0- TOTALS $113,180 $113,180 -0- Proiect Schedule Present. Draft Feasibility Report to City Council/ Order Public Hearing June 20, 2006 Informational Meeting..................................................................................... July 12, 2006 PublicHearing................................................................................................ July 18, 2006 Approve Plans and Specifications............................................................. September, 2006 AwardContract.................:.............................................................................October, 2006 ProjectCompletion.........................................................................................October, 2006 Final Cost Report ........................................................................................ December, 2006 Final Assessment Hearing................................................................................. Spring, 2007 First Payment Due with Property Tax Statement ........................................... May 15, 2008 Appendix A Preliminary Cost Estimate Gun Club Road Street Improvements - City Project No. 929 T. Street Unarade - Gun Club Road to C/I Standards w/ C -D -S Item Unit Est. Qty- Unit Price Est. Cost Mobilization L.S. 1 $2,000.00 $ 2,000 Common Excavation C.Y. 500 1 $8.00 $ 4,000 Aggregate Base, Class V (8") Ton 620 $11.00 $ 6,820 618 Concrete Curb & Gutter L.F. 460 $11.00 $ 5,060 Mountable Concrete Curb & Gutter L.F. 180 $10.00 $ 1,800 350/2360 Base Course Mixture 3" Ton 240 $50.00 $12,000 350/2360Wear Course Mixture 1-1/2" Ton 120 $55.00 $ 6,600 Bituminous Material for Tack Coat Gal. 70 $4.00 $ 280 Traffic Control L.S. 1 $500.00 $ 500 Catch Basin w/ casting Each 1 $1,000.00 $ 1,000 Connect to Ex. Manhole Each 1 $1,230.00 $ 1,230 12" RC Pipe — CB Leads L.F. 50 $40.00 $ 2,000 Silt Fence L.F. 600 $4.00 $ 2,400 Seeding & Mulch Acre 0.5 $3,000.00 $ 1,500 To soil Borrow C.Y. 200 $12.00- $ 2,400 Subtotal $49,590 +10% Contingencies $ 5,000 Subtotal $54,590 +30% Indirect Costs $16,400 Easements $ 7,000 TOTAL — 36' Upgrade $78,000 TT. Sanit2ry Sewer Lateral Item Unit Est. Qty- Unit Price Est. Cost Mobilization L.S. 1 $1,000.00 $ 1,000 Const. MH over Ex. Sanitary Sewer Each 1 $2,300.00 $ 2,300 8" PVC, SDR 26 Sanitary Sewer L.F. 90 $40.00 $ 3,600 Standard Sanitary MH Each 1 $1,700.00 $ 1,700 Subtotal $ 8,600 +10% Contingencies $ 860 IZ9 TTT 177n4— Amir T o4c*-nl Item Unit Est. Qty. Subtotal $ 9,460 1" Co oration Stop Connect to Ex. Water Main Each + 30% Indirect $500.00 $ 500 8" DIP, Cl. 52 Water Main L.F. Costs $ 2,840 $ 9,200 8" Gate Valve & Box Each Total - $800.00 $. 800 Brant Each Sewer/Water $13,300 TTT 177n4— Amir T o4c*-nl Item Unit Est. Qty. Unit Price Est. Cost 1" Co oration Stop Connect to Ex. Water Main Each 1 $500.00 $ 500 8" DIP, Cl. 52 Water Main L.F. 230 $40.00 $ 9,200 8" Gate Valve & Box Each 1 $800.00 $. 800 Brant Each 1 $1,700.00 $ 1,700 +10% Contingencies Subtotal $12,200 Subtotal +10% Contingencies $ 1,220 + 30% Indirect Costs Subtotal $13,420 Total — Service Stubs + 30% Indirect Costs $ 4,030 Total — Water Lateral $17,450 TV Como*-/ WA4Pr CPt"Vt(,PI Cttthe " PVC, SDR 26 Sewer Service L.F. 60 .... .$25.00 $ 1,500 1" Co oration Stop Each 2 $50.00 $ 100 1" Type K Copper Water Service L.F. 90 $15.00 $ 1,350 1" Curb Stop & Box Each 2 $75.00 $ 150 Subtotal $ 3,100 +10% Contingencies $ 310 Subtotal $ 3,410 + 30% Indirect Costs $ 1,020 Total — Service Stubs $ 4,430 TOTAL PROJECT COST $113,180 Street Upgrade - Gun Club Road - 32'Residential Street Equivalent Adjacent to Outlot A, Lona Acres and 650 Gun Club Road 270' in len h Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,000.00 $ 2,000 Common Excavation C.Y. 500 $8.00 $ 4,000 Aggregate Base, Class V 6" Ton 360 $11.00 $ 3,960 Mountable Concrete Curb & Gutter L.F. 540 $10.50 $ 5,670 2350/2360 Base Course Mixture 2" Ton 100 $50.00 $ 5,000 350/2360Wear Course Mixture 1" Ton 50 $55.00 $ 2,750 Bituminous Material for Tack Coat Gal. 45 $4.00 $ 180 Traffic Control L.S. 1 $500.00 $ 500 Catch Basin w/ casting Each 1 $1,000.00 $1,000. Connect to Ex. Manhole Each 1 $1,230.00 $1,23 0 12" RC Pipe — CB Leads L.F.. ..50 $40.00 $ 2,000 Silt Fence,_.. _ _. ._.... ....: _ _ _ ._ _ . L.F. 540 $4.00 $ 1,440 Seeding & Mulch Acre 0.4 $3,000.00 $ 1,200 Topsoil Borrow C.Y. 100 $12.00 $ 1,200 Subtotal $32,130 +10% Contingencies $ 3,200 Subtotal $35,330 + 30% Indirect Costs $10,600 TOTAL — 32' Residential Equivalent $45,930 151 Appendix B - City Project No. 929 Preliminary Assessment Roll Gun Club Road Street & Utility. Improvements • Outlot A, Long Acres and 650 Gun Club Road are proposed to be; assessed for lh of a residential equivalent street (32 feet wide) based on their frontage. o Cost to construct 32' wide street adjacent to Outlot A, Long Acres and 650 Gun Club Road = $45,930 o Y2 of cost = $225965 o Frontage: Outlot A, Long Acres =103 F.F. (178 feet total - 75 feet corner lot credit) 650 Long Acres =138 F.F. Total Residential Street F.F. = 241 F.F. o Rate/ F.F. = $22,965/ 241 F.F. = $95.30/ F.F. Total cost to extend 36' wide street, with cul-de-sac and right-of-way, to west end project limits plus %Z of residential equivalent street o Oversize (32' to 36' with cul-de-sac) cost = $78,000 - $45,930 = $32,070 o %a of residential equivalent cost = $22,965 o Total = $55,035 oversize/ cul-de-sac ($32,070 + $22,965); o Total Commercial./ IndustrialAcreage: "Red Pine Crossing" = 7.7 Acres/ 4895 Biscayne Avenue = 0.7 Acres • Total = 8.4 Acres o Commerciall Industrial Rate = $55,035/ 8.4 Acres = $6,550/ Acre Front Street San Water Total TOTAL Foot/ Assmt Street Sewer Main Utility ASSMT P.I.N. / Parcel Area Rate Assmt Assmt Assmt Services Assmt 10-31800-010-01 4895 Biscayne Avenue 0.7 Acr $6,550 $4,590 -- -- -- -- $4,590 10-03600-021-79 ("Red Pine_ Crossing") 7.7 Acr $6,550 $50,445 -- $7,530 -- $7,530 $57,975 10-458000100-030-83 Vacant Outlot A — Long Acres 103 F.F. $95.30 $9,815 $13,300 $9,920 $4,430 $27,650 $37,465 10-03600-010-80 650 Gun Club Road 138 F.F. $95.30 $13,150 -- -- -- -- $13,150 TOTALS -- $78,000 $13,300 1 $17.,450 $4,430 $35,180 $113,180 • Outlot A, Long Acres and 650 Gun Club Road are proposed to be; assessed for lh of a residential equivalent street (32 feet wide) based on their frontage. o Cost to construct 32' wide street adjacent to Outlot A, Long Acres and 650 Gun Club Road = $45,930 o Y2 of cost = $225965 o Frontage: Outlot A, Long Acres =103 F.F. (178 feet total - 75 feet corner lot credit) 650 Long Acres =138 F.F. Total Residential Street F.F. = 241 F.F. o Rate/ F.F. = $22,965/ 241 F.F. = $95.30/ F.F. Total cost to extend 36' wide street, with cul-de-sac and right-of-way, to west end project limits plus %Z of residential equivalent street o Oversize (32' to 36' with cul-de-sac) cost = $78,000 - $45,930 = $32,070 o %a of residential equivalent cost = $22,965 o Total = $55,035 oversize/ cul-de-sac ($32,070 + $22,965); o Total Commercial./ IndustrialAcreage: "Red Pine Crossing" = 7.7 Acres/ 4895 Biscayne Avenue = 0.7 Acres • Total = 8.4 Acres o Commerciall Industrial Rate = $55,035/ 8.4 Acres = $6,550/ Acre ".�i.._ .+-�.: irf, "'t't'xfi „1.+19 Cite of Eap. Engineering Department Gun Club Road Street Upgrade / Utility Improvements / Assessment Fig. 2. City Project No. 929 �. VMrCI.f1DLG UCI- Irl F1Vvjr%cv ir- JUrCr mti r- Existing Section Gun Club Road I� 6C 36' (F- 11/2- TYPE 2350/2360 BITUMINOUS BITUMINOUS TACK COAT 3" BITUMINOUS BASE 8" CL. 5 AGGREGATE BASE Bituminous Street Upgrade Proposed Typical Section G; Fsosib11ityReports2006\Proj929 \typical section 8618' CONC. CURB & GUTTER I Gun Club Road City of Eakan Typical Section Project 929 Fig. 3 Engineering Department yp 1 55 . INFORMATIONAL NEIGHBORHOOD MEETING MINUTES RED PINE LANE TRAFFIC STUDY TUESDAY, JULY 11, 6:30 P.M EAGAN ROOM This is to summarize discussions and information provided at the informational neighborhood meeting held July 11 in regard to the Red Pine Lane Traffic Study, and public improvement project for Gun Club Road. Attendance- The meeting was attended by four residents representing four properties (see attached resident attendance sign -in), the City's traffic consultant, George Calebaugh (SEH Inc.) and the following City staff Tom Colbert, Director of Public Works; Lieutenant Greg Johnson, Eagan Police; Jon Hohenstein, Director of Community Development; Tim Plath, Transportation Engineer; and John Gorder, Assistant City Engineer. "Red Pine Crossing" Development Status — Revestors, Inc. has received preliminary subdivision, rezoning, and planned development approval for Red Pine Crossing on approximately 10 acres in the southeast corner of Red Pine Lane and Highway 3. Red Pine Crossing proposes commercial development consisting of general retail, grocery, and banking uses. Discussion occurred regarding other potential uses such as gas/ convenience station, and if that use would be allowed under the current planned development approvals. Director Hohenstein indicated that he would follow up with his staff on this issue. Further research from Community Development indicates that any use not approved under the preliminary planned development, such as a gas station/ convenience store, car wash, coffee kiosk, daycare, veterinary clinic, minor auto repair, or anything involving drive-through service or on -sale liquor, would require planned development amendment approval by the City Council. Conditions of approval of Red Pine Crossing included that Revestors be responsible for the following public improvements: 1. all roadway and signal improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection necessary to serve the. development. 2. the extension of public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City's Sewer Plan. 3. the upgrade of Gun Club Road from Biscayne Avenue to the Red Pine Crossing development (approximately 300 feet). Revestors petitioned the City to review the feasibility of all three of these improvements as a City improvement project. Public Improvement Project Status- Subsequent to the original petition, the City Council approved Revestor's request that the Red Pine Lane and sanitary sewer portions of the public improvement project (Items 1 and 2) be deleted. Due to the limited benefit (and limited potential assessment of cost) to other properties, Revestors requested that these improvements be performed privately by their contractors under terms of a development contract and conditions of approval. They requested that the Gun Club Road portion of the improvements remain as a public improvement project. Accordingly, the City has prepared a feasibility report, and the 130 project public hearing Tuesday, July 18 with the City Council will address the Gun Club Road improvements only. Red Pine Lane/ Highway 3/ SE Eagan Traffic Study- In conjunction with the original petition from Revestors for the improvements on Red Pine Lane, the City's traffic consultant, SEH, Inc. completed a comprehensive traffic study of the southeast portion of Eagan (see Red Pine Lane Traffic Study). The study analyzes the current and future roadway levels of service and expansion needs, with and without development of Red Pine Crossing, and the impact of a potential future 120th Street connection to Highway 3. George Calebaugh highlighted some findings of the study at the meeting: • It confirmed the need for the current MnDOT/ City access management plan along Highway 3, with Red Pine Lane as the only access to Highway 3 between Cliff Road and 120' Street. This access management is necessary to help maintain the mobility of Highway 3. • The study identifies the Red Pine Lane roadway improvements necessitated by the Red Pine Crossing development, including the construction of an eastbound right -turn lane into the development, and the extension of the westbound left -turn lane by about 120 feet to a total of 290 feet in length. The relocation and reconstruction of the trail on the south side of Red Pine Lane adjacent to Red Pine Crossing will be necessary. Again, these improvements will be undertaken by Revestors as part of their development contract with the City. • Without the expansion of Highway 3 to four lanes with additional southbound left turn lane length, there will be future operational issues with Highway 3 at the Red Pine Lane, with or without the Red Pine Crossing development. The City will pursue future funding and projects to address this long-range need on Highway 3. Current Operational Issues — Red Pine Lane — Lieutenant Johnson shared the Police Department's recent (April 18-21) field observations of the Red Pine Lane crosswalk at Red Pine Elementary. They observed no violations during this time. Lieutenant Johnson also clarified some aspects of the pedestrian crosswalk law. The following web link provides the entire pedestrian crosswalk statute: http//www revisor lei state.mn.us/data/revisor/statutes/2005/169/2l.html NEIGHBORHOOD MEETING Red Pine Lane Street & Utility Improvements City of Eap Project No. 929 Tuesday, July 11, 2006 6:30 p.m. NAME ADDRESS 1. mss, ) V1CAU,y gag Cg 3. 4. Je�f 6. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet Agenda Information Memo July 18, 2006 Eagan City Council Meeting D. GUN CLUB ROAD - RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Close the Public Hearing and continue consideration of the vacation of a portion of public right-of-way (Gun Club Road) to be concurrent with the Final Plat approval of Red Pine Crossings. FACTS: • On January 20, 2006, City staff received a petition from Quinn Hutson, CNH Architects representing Revestors, Inc., the developers of proposed Red Pine Crossing, requesting the vacation of a portion of public right-of-way (Gun Club, Road) adjacent to Parcels 10-03600-021-79 and 10-03600-022-79 (Red Pine Crossing), east of Highway 3 in southeast Eagan. • The petition was held to coincide with the final subdivision approval process for the Red Pine Crossing development. • On June 12, 2006, final subdivision submittal was made by the developer of Red Pine Crossing, Revestors, Inc. • The purpose of the request is to allow the developer to construct the Red .Pine Crossing development as approved with the preliminary planned development and subdivision, with utilization of the vacated Gun Cub .Road right-of-way. The Gun Club Road right-of-way east of the Red Pine Crossing development will remain. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received as of the date of this report. • Consideration of the Red Pine Crossing final.subdivision is scheduled at the August 1 Council meeting. • There are private utilities (Dakota Electric Associations power lines and other utilities) within this portion of right-of-way proposed to be vacated that will require the Red Pine Crossing development to dedicate easements to cover the relocation of the existing utilities. • The request has been reviewed by the Engineering Division and ifound to be in order for favorable Council action in conjunction with the final subdivision and plat approval of Red Pine Crossing at a future Council meeting. ATTACHMENTS: • Location Map, page . • Right -of -Way Vacation Exhibit, page 141. r� RED PINE CROSSING I yr J ! -' Uicinliy AIaP / I' ED PM r rsr o.o r, r r. rr mm rr r �. / '( as r r.r•. x rr.r x r... a sm. 1. red / • / .rr d II.1 V r W r.,IMd riOrrW �J`• ,�, , '\ +• arr r r...sa. r .Vp1•ICL •• , 2,._ e Om,�Vrd4Ndbr % L -s•_____ ____ � :.y/ P; MET 'i 0 Nwa. dra r.Mrw ;Q ►Ax° �t r 1 1•' i �+Lh'a.r g ROAD TO BE VACATED � ay +' That part of 117'h Street East (also known as Gun Club Road) which lies northerly of + the south line of the Northwest Quarter of the Southeast Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota, westerly of HALLEY'S 1sT ADDITION, according to the recorded plat thereof, Dakota County and easterly of the easterly right of way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad. 1 1 1 :s: 1 i �r wasr 99 E Il7TN STMET EA&T�LL n �_.r. +t._ti rdr. s Rehder and Associates, Agenda Information Memo July 6, 2006, Eagan City Council Meeting E. VARIANCES— EAGAN AUTO MAILL ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to allow a detached trash enclosure in the CSC district for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW 1/4 of Section of 15; subject to the conditions in the staff report. To approve (OR direct findings of fact for denial) a Variance of 27 feet to the 50 foot front yard setback, for a detached trash enclosure for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW'/4 of Section 15; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ The subject lot is zoned CSC, Community Shopping Center and requires trash enclosures to be attached and maintain principal structure setbacks. ➢ Code Enforcement staff has been working with the applicant on this issue, resulting in the variance application. ➢ The trash enclosure is proposed for a location that will not interfere with parking or use designated parking stalls, with a 23 foot setback from the property line (50 feet required). ➢ According to the applicant attached trash enclosures are not feasible due to the layout and design of the building. 60 DAY AGENCY ACTION DEADLINE ➢ Deadline is August 18, 2006 ATTACHMENTS (1): Planning Staff Report pages)_throughL 102. PLANNING REPORT CITY OF EAGAN REPORT DATE: 07-12-06 APPLICANT: Matthew J Rieger PROPERTY OWNER: Eagan Auto Mall LLC. REQUEST: Variance LOCATION: 1379 Town Centre Dr. COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC Community Shopping Center SUMMARY OF REQUEST CASE: 15 -VA -13-06-06 HEARING DATE: July 18, 2006 APPLICATION DATE: June 6, 2006 PREPARED BY: Nicole Cook The applicant is requesting approval of a Variance to allow a detached trash enclosure and a Variance to the front setback for the trash enclosure, for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW 1/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the. provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. 143 Planning Report — Eagan Auto Mall Variance July 18, 2006 Page 2 CODE REQUIREMENTS The following code requirements apply: 11.70 Subdivision 21D (7) — Enclosure of trash and recyclables containers. b. The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), and research and development (RD) zoning districts. d. The enclosure shall satisfy principal structures setbacks required for the applicable zoning district. BACKGROUND/HISTORY The Eagan Auto Mall was built in 1986 and was one of the first newly developed sites in this quadrant of Pilot Knob and Duckwood Drive. The multi -tenant building is approximately 23,000 square feet. The parking requirement at the time of development was 154 spaces. In 1992, a CUP was granted to allow vehicle repair/service. The concept was a consumer one-stop shopping experience for automotive retail and service needs. EXISTING CONDITIONS The current uses at this site are automotive retail and service in an auto mall type setting with three (3) separate buildings. The principal tenants are Jiffy Lube, SuperAmerica, Firestone, Abra, and Car X. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant's narrative, the trash enclosure incorporated into the original building design did not anticipate the high level of recycling needs which are currently in place today. In addition, over the years the automotive retail and service industry needs have changed, whereas users are providing more services which generate more trash and recyclables. _ , The applicant states that the proposed trash enclosures will be detached from the building as the design of the property will not allow for an attached structure. The required structure setback from Pilot Knob Road is 50 feet and the proposed setback for the trash enclosure is 23 feet. These enclosures will be in a location that is least visible to passing traffic and customers visiting the existing businesses. 144 Planning Report — Eagan Auto Mall Variance July 18, 2006 Page 3 EVALUATION OF REQUEST Trash enclosure requirements - Enclosure of trash and recyclables containers. All trash and recyclables containers stored outside in the R4, LB, NB, GB, CSC, RD, I-1,1-2 and BP zoning districts shall be stored within an enclosure subject to the following standards: a. The enclosure shall have an impermeable floor surface. The proposed enclosure will have a concrete floor surface. b. The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), and research and development (RD) zoning districts. The applicant is requesting a detached enclosure stating that the current design doesn't allow for an attached facility. The enclosure may be detached from the principal building in the residential multiple (R4), limited industrial (I-1), general industrial (1-2), and business park (BP) zoning districts. N/A d. The enclosure shall satisfy principal structures setbacks required for the applicable zoning district. The required setback from Pilot Knob Road is 50 feet. The proposed enclosure will be 23 feet from Pilot Knob Road. e. The enclosure shall be constructed of materials to match the exterior of the principal structure, with gates or doors having at least ninety percent (90%) opacity. According to the applicant, the proposed enclosure will use building materials identical to the current construction. f. The enclosure shall be of sufficient size to enclose all trash and recyclables containers and shall be not less than six (6) feet and not more than ten (10) feet in height. The proposed trash enclosure will be 8 feet, 4 inches in height. g. The above provisions apply in addition to the provisions of Chapter 10 of this Code which regulate they. storage, deposit, and disposal of refuse on all properties. This property is zoned CSC, Commercial Shopping Center, in that zoning district trash enclosures are required to be attached additionally all trash enclosure are required to meet principal structure setbacks. The applicant is requesting a variance to allow a detached trash enclosure and a variance to the setback requirement. The proposed location for the trash enclosure is screened from Pilot Knob Road by the site's topography and will not interfere with parking or use designated parking stalls. Planning Report — Eagan Auto Mall Variance July 18, 2006 Page 4 The proposed location will result in the loss of three parking stall, however based on the amount code requires, the necessary parking is 103 spaces, and the site far exceeds that amount with approximately 154 spaces. SUMMARY/CONCLUSION The applicant is requesting approval of a Variance to allow a detached trash enclosure and a Variance to the front setback for the Eagan Auto Mall. The Community Shopping Center zoning district requires all trash enclosures to be attached, additionally trash enclosures must maintain the principal building setback. The setback from Pilot Knob Road is 50 feet the proposed enclosure has a setback of 23 feet. The applicant states that the current design of the property does not allow for an attached facility and more room is needed as more automotive services are being provided which generates more trash and recyclables. ACTION TO BE CONSIDERED To approve a Variance to allow a detached trash enclosure on property located at 1379 Town Centre Drive in the NW'/4 of Section 15; subject to the following condition: 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. To approve a Variance to allow a setback of 23 feet on property located at 1379 Town Centre Drive in the NW'/4 of Section 15; subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The setback variance only applies to the detached trash enclosure in the location shown on the Site Plan received June 19, 2006. 14(i :�umcr�ii ucv��our A CO. ROAD P 'PILOT KNOB ROA® NOTE, . e;G ' NO ACCESS`a ��,. T0135— In( PSinn�'� 262.50 E DOC: N0, 626 AA1 264 .,l p —NO3 54r21°E 192.50 t., 7'L%it' S ��i'•4 yt g5T /Rd$94.93 Poe co 7� 1'°l8 .23 Ca12 08°CMD �2 84 .+0 W • BQ----•�enrq . .feaw,.v t4o4 ft/ . FOUT 40 ET9Apf g�LINE •� " $ °/y au o„I ¢u a ---�_ __ � t rot �•• 6?'�eF� e \ v I I.m i f.•• t .ft Sr. .1T0+@70V! /Avak"T . - $. AAJIjt,I I � I A '.:� • i jw�'} 'fie �# 1 � �� - 4Li L 4 O Kivu to V s •r"'j �r :� rs•;• iaes Aw .. �ti '1 I ro .:;oma , TIP o cone •' .r 1 .:.•iaa Gr ��� ;$� -� Lir • .. ;;, ' a ti � ..t ; � ro AmD > Lw 9 CA P ♦ � ' � RI o � ra i'Y SA\\t'+ ��, _• :l:.�f• It � w er t� o 4i\ sib -� :mxa aura t Hiws+oORO O ltit I a E7 BpCK LINE _ Oa '♦, i \ .� \\ \ Y Ot ~ rP4► ; I ,' ' 18.00 •. 5'12° V Zs6 i �1l � V AT -CIle bR ----.— RECEIVED M i 9 2006 2 s EAST ELEVATION va'-an• 11 .1 MbKTH ELEVATION ve.ao° RECEIVED JUN 1 9 2006 ` 0 Project Narrative Our plan if approved by the City is to build a new detached trash enclosure which will be large enough to service the entire projects trash, recycling and miscellaneous material needs. SuperAmerica currently has their own enclosed trash enclosure incorporated as part of their building. The City's current comprehensive guide plan designation for this site is Retail -Commercial. Our current zoning classification is Community Shopping Center. The current uses at this site are automotive retail and service in an auto mall type setting with three (3) separate buildings. Our principal tenants are Jiffy Lube, SuperAmercia, Firestone, Abra and Car X. The surrounding uses to this site are also retail commercial, which include a car wash, restaurants, Walmart and several small and large retail shopping centers. The Eagan Auto Mall was built in 1986 and was one of the first newly developed sites in this quadrant of Pilot Knob and Duckwood. The concept was a consumer one stop shopping experience for automotive retail and service needs. The trash enclosure incorporated into the original building design did not anticipate the high level of recycling needs which are currently in place today. In addition, over the years the automotive retail and service industry needs have changed where users are providing more services which generate more trash and recyclables. The current trash enclosure has not been large enough for quite some time to house both trash and recycling .containers, large enough to handle what is being generated by the users at this property. Our plan is to build a detached trash enclosure (current design of the property will not allow for an attached. facility) immediately upon approval from the City in a location which is the least visible to traffic passing by the site or customers visiting the existing businesses using building materials identical to the current construction. This will allow us to incorporate all of the trash receptacles in one (1) location in a controlled area. RECEIVED JUN 19 2006 51 Agenda Information Memo July 18, 2006 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION — EAGAN HILLS ALLIANCE CHURCH ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Preliminary Subdivision (Eagan Hills Alliance Church) to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW V4 of Section 25, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The site is located south of Diffley Road and west of Dodd Road. ➢ The site consists of two platted parcels, and each parcel is developed with;a church. ➢ Eagan Hills Church is purchasing 2.15 acres of land from Praise Lutheran Church in anticipation of future extension needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two churches. ➢ The proposed lot areas are Lot 1 = 5.8 acres and Lot 2 = 4.46 acres. ➢ Cash trails dedication and cash water quality dedication are due for the existing 3.8 -acre Eagan Hills Alliance Church parcel, not satisfied with previous development. ➢ The Advisory Planning Commission held a public hearing on June 27, 2006, and did recommend'approval of the Preliminary Subdivision ISSUES: ➢ A resident spoke at the APC meeting with concerns about existing drainage, lack of screening between the church and residential property, exterior lighting, junk and vehicle storage, noise, and the apparent lack of after hours security of the parking lot. ➢ This development is subject to cash parks dedications. With the development of both churches, the park dedication was deferred by the City until such time as the use of the property changed to something other than a church. The applicant is requesting that fixrther deferment of park dedications. ➢ The Council will need to select one of the following conditions to reflect the decision regarding park dedications: This development is subject to cash park dedication a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. AGENCY ACTION DEADLINE: September 28, 2006 (120 days) ATTACHMENTS (2): June 27, 2006 APC ' utes, pages Staff Report, pages k through 152 Advisory Planning Commission Minutes June 27, 2006 Page 7 C. Eaaan Hills Alliance Church Applicant Name: Eagan Hills Alliance Church Location: 670 & 700 Diffley Road; Lot 1, Block 1 Sunset Twelfth Addition and Lot 1, Block 1, Praise Lutheran Church 2nd Addition Application: Preliminary Subdivision A Preliminary Subdivision of 10.26 acres to create 2 lot. File Number: 25 -PS -07-04-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 16, 2006. She noted the background and history. Representatives of Eagan Hills Alliance Church were present to answer queAfKg§ of the Commission. Chair Hansen opened the public hearing. Scott Bailey, 4246 Augusta Court expressed concerns regarding th"ropos . ansion of the church in regard to drainage, lack of fencing or screening after the exp oirparking 1 prior lights that shine on his property, junk and vehicle storage, noise comiWW-omactivities in the ing lot, and the apparent lack of after hours security of the parking area. JF There being no further public comment, Chair Hansen discussion back to the Commission. Chair Hansen asked for response from staffIaWrding that the action before the Commission is a PQMWR occurring on the property, that would be an enro; before the City at this time. City Planner Ridley°i�atea Grading.. Permit), .landscaping/screening..issues_wpoid typical landscape/screening would soften the vieWi# t Assistant City Engineer SErder stat bat the drainag development. Repres fiWes of the urch stated th measures to correct existiiaainage9sues. clos—efthe pu aring and turneWhe Mr. Bailey's—wAcerns. City Attorney Bauer stated Subdivision ar��rat if there are code violations I�asue handled&itdely from -the application V33Whe time of development (Building or that ighbors, not eliminate it. issues would be addressed at the time of Lare, currently studying and plan to incorporate ........... . Member Dugan. oa�a emberlgWey secOMMIRbotion to recommend approval of a Preliminary Subdivisio %crew"Te riw s upo"i&, acres located at 670 and 700 Diffley Road, in the NW % of Section; legally descriE Lot 1; ick 1 -Sunset 12th Addition and Lot 1, Block 1, Praise Lutheran Chun . ddition subject-tMe folioQN-1ynditions: 1. The dev@ er shall comply�th these standards conditions of plat approval as adopted by Council on February&1993: Al, BrS2, B3, and B4. 2. The property slia1il§splattad. 3. A. cash dedication in'u of on-site water quality ponding for 3.7 acres shall be required, payable at the time of final plat: 4. This development is responsible for a cash trail dedication for 3.7 acres, payable at the time of final Nettie Broyles Page 7 07/13/2006plat at the rates then in effect. 5. This development is subject to cash parks dedications either a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. A vote was taken. All voted in favor. Motion carried 7-0 153 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 16, 2006 APPLICANT: Eagan Hills Alliance Church PROPERTY OWNER: Eagan Hills Alliance Praise Lutheran Church REQUEST: Preliminary Subdivision LOCATION: 670 and 700 Diffley Road COMPREHENSIVE PLAN: QP, Quasi -Public ZONING: PF, Public Facilities SUMMARY OF REQUEST CASE: 25 -PS -07-04-06 HEARING DATE: June 27, 2006 APPLICATION DATE: May 31, 2006 PREPARED BY: Pamela Dudziak The -applicant is requesting approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at south of Diffley Road and west of Dodd Road, in the NW '/4 of Section 25, legally described as Lot 1, Block 1, Sunset 12th Addition and Lot 1, Block 1, Praise Lutheran Church 2nd Addition. AUTHORITY FOR REVIEW 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. 154 Planning Report — Eagan Hills Alliance Church June 27, 2006 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the 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). J. 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." The Eagan Hills Alliance Church property was platted in 1987 as Sunset 12th Addition. The Praise Lutheran Church property was initially platted in 1987, and replatted as Praise Lutheran Church 2°a Addition to incorporate additional land from Sunset 12th Addition in 1994. Eagan Hills Alliance Church is purchasing land from Praise Lutheran Church in anticipation of future expansion. The subdivision is necessary to allow the land transfer. 165 Planning Report — Eagan Hills Alliance Church June 27, 2006 ' Page 3 EXISTING CONDITIONS Each existing parcel contains a church. Eagan Hills Alliance Church takes access off Diffley Road; Praise Lutheran Church takes access off Dodd Road. There are scattered wooded areas on the southern portion of the Praise Lutheran Church parcel, and around the pond on the northwest corner of the Eagan Hills Alliance Church parcel. Praise Lutheran Church has an existing play structure on the 2.15 acres Eagan Hills Alliance Church is purchasing. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — Eagan Hills Church proposes to acquire 2.15 acres of land from Praise Lutheran Church in anticipation of future extension needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two churches. ComRatibility with Surrounding Area — There is no new development proposed at this time, and no new lots created as part of the proposed subdivision. Lots -The proposed lot areas are Lot 1 = 5.8 acres and Lot 2 = 4.46 acres. Setbacks — Public Facilities setbacks apply to both lots. Minimum required setbacks are two feet for every one foot of building height, with a minimum setback of 30 feet and maximum of 50 feet; 50 feet from Diffley Road and 40 feet from Dodd Road. Required parking setbacks are 20 feet from a public right-of-way and residential properties, and 5 feet from other lot lines. Existing Use Zoning Land Use Designation North Single-family R-1, Single-family residential; LD, Low Density Residential; residential; Quest PF, Public Facilities QP, Quasi -Public utility building East Single-family R-1, Single-family residential; LD, Low Density Residential; residential; Fire PF, Public Facilities QP, Quasi -Public Station South Single-family R-1, Single-family residential LD, Low Density Residential residential West Single=farm ly PD; Planned Development LD, Low Derisity-Residential- residential EVALUATION OF REQUEST Proposal — Eagan Hills Church proposes to acquire 2.15 acres of land from Praise Lutheran Church in anticipation of future extension needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two churches. ComRatibility with Surrounding Area — There is no new development proposed at this time, and no new lots created as part of the proposed subdivision. Lots -The proposed lot areas are Lot 1 = 5.8 acres and Lot 2 = 4.46 acres. Setbacks — Public Facilities setbacks apply to both lots. Minimum required setbacks are two feet for every one foot of building height, with a minimum setback of 30 feet and maximum of 50 feet; 50 feet from Diffley Road and 40 feet from Dodd Road. Required parking setbacks are 20 feet from a public right-of-way and residential properties, and 5 feet from other lot lines. Planning Report - Eagan Hills Alliance Church June 27, 2006 Page 4 Site Plan — The existing play structure should be relocated to within proposed Lot 2 (Praise Lutheran Church) prior to final subdivision approval. The site plan shows anticipated future parking expansion for Eagan Hills Alliance Church. The applicant should note that two-way drive aisles must be 24 feet wide. Grading/ Topography - The site is relatively flat and open with a wooded area in the northwest comer. Grading is not proposed at this time, but may be with a future parking lot expansion. The property owner will be required to obtain a City grading permit with any future parking lot expansion in excess of the City code threshold of 10,000 square feet. Storm Drainage — The site is currently served by a storm sewer system. No modifications to the system are necessary with the proposed property line revision. Utilities — The buildings on the site are served by City sewer and water with no changes proposed with this development. Access — No changes to public street access are proposed with this development. Eagan Alliance Church (Lot 1) will continue to take access to Diffley Road (County Road 30) to the north and Praise Lutheran (Lot 2) will maintain public street access to Dodd Road to the east. Interconnection of the two church parking lots is not proposed or planned. Access to Stirrup Street, a City street cul-de-sac, is also not proposed per City conditions of previous development approvals. Easements — Standard public drainage & utility easements cover the current property line between the two lots. The proposed property line revision does not require that this easement be vacated. Standard public drainage & utility easements will be dedicated on over the new common lot line between the two lots. Wetlands/Water Quality — This proposed subdivision was previously:associated with Sunset 12th Addition and Praise Lutheran Church 2nd Addition. City water quality requirements were met through cash dedication in 1994 for the portion platted as Praise Lutheran Church 2na Addition. Water quality requirements have not been met for the remaining 3.8 acres of Lot 1, Block 1, Sunset 12th Addition. In lieu of water quality ponding, a cash dedication is appropriate for this portion of the development. There are no wetlands issues or concerns. Tree Preservation — Tree preservation will be addressed according to the provisions in the City ordinance at such time as expansion of the parking lot or building may occur on either lot. Parks and Recreation — This development is subject to cash parks and trails dedications. With the development of both churches, the park dedication was deferred by the City until such time as the use of the property changed to something other than a church. The applicant is requesting X51 Planning Report — Eagan Hills Alliance Church June 21, 2006 Page 5 that further deferment of park dedications. The continued deferment of park dedications is a policy matter to be determined by City officials. A cash trail dedication was paid on Praise Lutheran Church parcel in 1994. Trail dedication has not been fulfilled for the existing 3.8 -acre Eagan Hills Alliance Church parcel. Therefore, a cash trail dedication on the 3.8 acres is due at this time, payable at the time of final plat. The 2006 rate for trail dedication is $1,251.00 per acre. Financial Obligation — At this time, there are no pending assessments or other financial obligations on the parcels proposed for platting. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at south of Diffley Road and west of Dodd Road. There is no new development proposed at this time. The existing improvements satisfy setbacks and other dimensional standards. Existing drainage and utility easements should be vacated at the time of final subdivision and new easements dedicated with the final plat. Cash water quality and trail dedications are due for the existing 3.8 -acre Eagan Hills Alliance Church parcel. The applicant is requesting continued deferment of park dedications. - - -ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW' V4 of Section 25, legally described as Lot 1, Block 1, Sunset 12th Addition and Lot 1, Block 1, Praise Lutheran Church 2" a Addition. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, and B4. 2. The property shall be platted. 3. A cash dedication in lieu of on-site water quality ponding for 3.7 acres shall be required, payable at the time of final plat. 4. This development is responsible for a cash trail dedication for 3.7 acres, payable at the time of final plat at the rates then in effect. 5. This development is subject to cash parks dedications either a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 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 over all lot lines and, in addition, 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 to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans ,and Specifications 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 cul-de-sac constructed in accordance with City engineering standards. 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 project must be approved 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 approved by Council action. G. Water Ouality Dedication 1: - This--development-shall be- responsible --for -provided-a-cash dedication; - ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be, adhered to, unless specifically granted a Variance by Council action. 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Preliminary Subdivision Submittal Requirements Eagan Hills Alliance Church, 700 Diffley Road, Eagan MN 55123 has an agreement with Praise Lutheran Church, 670.Diffley Road, Eagan, MN 55123 regarding the purchase of approximately 2.15 acres of land from Praise Lutheran. The purpose of this proposal is to request preliminary subdivision approval from the City of Eagan. The proposal will be described below. Comprehensive Guide Plan & Zoning Designation (existing and proposed) — Both Eagan Hills Alliance Church and Praise Lutheran Church are currently designated, as Public Use, and both are churches. There are no plans for either designation to change. This proposal details the transfer of 2.15 acres from Praise Lutheran Church to Eagan Hills Alliance Church. Purpose, Timing, and Phasing — Eagan Hills Alliance, Church is purchasing approximately 2.15 acres of land from Praise Lutheran Church. This purchase essentially moves the property line between the two churches 165 feet to the east. The intention of Eagan Hills Alliance Church is to use this land to expand parking capacity. Currently, Eagan Hills Alliance Church has parking for approximately 106 automobiles. However, current parking needs exceed capacity. Eagan, Hills Alliance Church has experienced substantial growth during the past two years. Average Sunday morning attendance has increased from approximately 250 persons to approximately 500 persons. With this increase has come the need for increased parking capacity: It is anticipated that Eagan Hills Alliance Church will' have the capacity to add up to 200 parking spaces by utilizing the land specific to this application. This parking lot expansion will allow the church to meet current parking needs, and also gives parking options for future church building expansion. If City approval is obtained, it is planned that construction will begin to expand the parking lot to the southern portion of the proposed property in the fall of 2006. Existing Land Uses on Subject Property — The property that is being purchased by Eagan Hills Alliance Church is currently open land with a playground owned by Praise Lutheran Church. Praise Lutheran Church intends to move the playground to another spot on their property during June of 2006. Surrounding Land Uses and Zoning within 660 Feet - Directly to the East of the church building of Eagan Hills Alliance Church is a Qwest Utility Building. Praise Lutheran. Church is located at 670 Diffley Road. There is a Fire Station located on the southeast corner of Dodd Road and Diffley Road. With these exceptions all areas are residential within 660 feet of the property. Park Dedication — It is understood that Park Dedication was deferred for both Eagan Hills Alliance Church and Praise Lutheran Church in the past, pending future changes in use. Eagan Hills Alliance Church and Praise Lutheran Church request further deferment at this time. The proposed use for both churches is not anticipated to change. Agenda Information Memo July 18, 2006 Eagan City Council Meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. DELEGATION AND THE OTHER COMMUNITIES WITHIN THE 65 DB DNL CONTOUR REGARDING LEGISLATION THAT ADDRESSES THE CITIES' REPRESENTATION ON THE METROPOLITAN AIRPORT COMMISSION (MAC) ACTIONS TO BE To direct the Airport Relations Commission (ARC) to enter into discussions with the City's Legislative delegation and the other communities within the 65 dB DNL contour regarding legislation that addresses the cities' representation on the Metropolitan Airport Commission (MAC) FACTS: ➢ Per the direction of the City Council, the Airport Relations Commission (ARC) 2006- __ 2007.Work Plan_ includes_ a_goal_.of..improving.the..representation that_the..City of Eagan receives on the Metropolitan Airports Commission (MAC). ➢ State Senator McGinn and Representative Wardlow attended the June 13 ARC meeting to discuss the City's representation on the MAC, and Representative Wilkin sent correspondence to the City on the subject. ➢ All three legislators have expressed an interest in assisting the City to improve its representation on the MAC. ➢ At the July 12, 2006 ARC meeting, the Commission discussed proposed legislative language to seek changes to the representation, which is enclosed for the Council's review. ➢ It was the consensus of the ARC to seek a seat on the MAC for each of the communities within the 65 DNL in order to garner additional legislative support for the legislation, as opposed to seeking solely a seat for the City of Eagan. ➢ The ARC is now recommending that should it be the direction of the Council to pursue such legislation, that the Commission and City staff first seek out the opinions of the other communities referenced in the proposed legislation, and if, they too are interested in seeking the change, the ARC will have a workshop in August with members of the City's legislative delegation and/or their staff appointees to craft specific legislative language for consideration in the 2007 Legislative session. ATTACHMENTS: ➢ Enclosed on pages 1J8 throughlK is proposed legislative language to seek changes to the City's representation on the Metropolitan Airports Commission. Proposed Language for a Bill Pertaining to City Representation on the Metropolitan Airport Commission (2006-2007 Legislative Session) 1.1 A bill for an act 1.2 relating to the metropolitan airports commission; 1.3 adding mayors to the commissioner membership; amending 1.4 Minnesota Statutes 2002, sections 473.604, subdivision 1.5 1; 473.605, subdivision 2; 473.622; repealing 1.6 Minnesota Statutes 2002, section 473.601, subdivisions 1.7 3, 6. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 473.604, 1.10 subdivision 1, is amended to read: 1.11 Subdivision 1. [COMPOSITION.] The commission consists. of: 1.12 (1) the mayor of each of the cities of Minneapolis, St. 1.13 Paul, Bloomington, Eagan, Mendota Heights, and 1.14 Richfield, or a qualified voter appointed by the mayor, for the. 1.15 term of office as mayor; 1.16 (2) eight members, appointed by the governor from each of 1.17 the following agency districts: 1.18 (i) district A, consisting of council districts 1 and 2; 1.19 (ii) district B, consisting of council districts 3 and 4; 1.20 (iii) district C, consisting of council districts 5 and 6; 1.21 (iv) district D, consisting of council districts 7 and 8; 1.22 (v) district E, consisting of council districts 9 and 10; 1.23 (vi) district F, consisting of council districts 11 and 12; 1.24 (vii) district G, consi. 1.25 14; and 1.26 (viii) district H, consisting of council districts 15 and 2.1 16. 2.2 Each member shall be a resident of the district represented. 2.3 Before making an appointment, the governor shall consult with 2.4 each member of the legislature from the district for which the 2.5 member is to be appointed, to solicit the legislator's 2.6 recommendation on the appointment; 2.7 (3) four members appointed by the governor from outside of 2.8 the metropolitan area to reflect fairly the various regions and 2.9 interests throughout the state that are affected by the 2.10 operation of the commission's major airport and airport system. 2.11 Two of these members must be residents of'statutory or home rule 2.12 charter cities, towns, or counties containing an airport 2.13 designated by the commissioner of transportation as a key 2.14 airport. The other two must be residents of statutory or home 2.15 rule charter cities, towns, or counties containing an airport 2.16 designated by the commissioner of transportation as an 2.17 intermediate airport. The members must be appointed by the 2.18 governor as follows: one for a term of one year, one for a term 2.19 of two years, one for a term of three years, and one for a term 2:20 of four years. All of the terms start on July 1, 1989. The 2.21 successors of each member must be appointed to four-year terms 2.22 commencing on the first Monday in January of each fourth year 2.23 after the expiration of the original term. Before making an 2.24 appointment, the governor shall consulteach member of the 2.25 legislature representing the municipality or county from which 2.26 the member is to be appointed, to solicit the legislator's 2.27 recommendation on the appointment; and 2.28 (4) a chair appointed by the governor for a term of four 2.29 years. The chair may be removed at the pleasure of the governor. 2.30 Sec. 2. Minnesota Statutes 2002, section 473.605, 2.31 subdivision 2, is amended to read: 2.32 Subd.. 2. [PER DIEM, EXPENSES; EXCEPTION.] Each commission 2.33 member shall receive $50 per diem compensation and be -reimbursed 2.34 for actual and necessary expenses. The chair shall receive a 2.35 salary as prescribed in section 15A.0815 and shall be reimbursed 2.36 for reasonable expenses to the same extent as a member. The 3.1 mayors and members of the city councils of Minneapolis a", St. 3.2 Paul, Bloomington, Eagan, Mendota Heights, and 3.3 Richfield shall not be eligible for per diem compensation. The 3.4 annual budget of the commission shall provide as a separate 3.5 account anticipated expenditures for per diem, travel, and 3.6 associated expenses for the chair and members, and compensation 3.7 or reimbursement shall be made to the chair and members only 3.8 when budgeted. 3.9 Sec. 3. Minnesota Statutes 2002., section 473.622, is 3.10 amended to read: 3.11 473.622 [EXISTING AIRPORTS; CONTROL, JURISDICTION.] 3.12 The corporation shall exercise control and jurisdiction 3.13 over any other airport within either 35 miles of the city hall 3.14 of either the city of Minneapolis or St. Paul or within the 3.15 metropolitan area. Control and jurisdiction of the corporation 3.16 over any privately or publicly owned airport shall -be limited to 3.17 control and jurisdiction of the flight and traffic patterns of 3.18 such airport in the interests_of safety of the operation of any 3.19 airport owned or operated by the corporation. No airport shall 3.20 be acquired or operated within the metropolitan area without 3.21 first securing the approval of the corporation, provided, 3.22 however, such approval shall not be withheld except after notice 3.23 to all interested parties and a public hearing held thereon, as. 3.24 provided in section 360.018, subdivision 7, and then only upon a 3.25 finding by the corporation that the acquisition or operation of 3.26 such airport would create a flight hazard to any airport or 3.27 airports owned or operated by it. As to any airport once 3.28 licensed with the approval of the corporation, approval of the 3.29 continued operation of such airport shall at no time be 3.30 withdrawn by the corporation except after notice to all 3.31 interested parties,, a public hearing had, and a finding by the 3.32 corporation based on substantial evidence that the operation of 3.33 such airport is inconsistent with the safety of flight to and 3.34 from an airport owned or operated or presently to be or being 3.35 constructed to be operated by the corporation, and then only 3.36 after payment of just compensation to cover the loss sustained 4.1 by reason of such withdrawal, such just compensation, if not 4.2 arrived at by agreement, to be ascertained in the condemnation 4.3 of said airport by the corporation under the power of eminent 4.4 domain, the .commission to institute the condemnation proceedings 4.5 promptly and to pay in connection with the prosecution thereof 4.6 all reasonable and necessary expenses incurred not only by it 4.7 but also by the owner of such airport. 4.8 Sec. 4. [REPEALER.] 4.9 Minnesota Statutes 2002, section 473.601, subdivisions 3 4.10 and 6, are repealed. !m9 AGENDA . CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 18, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE M]NUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — NICOLS RIDGE — Request for Extension of Occupancy Agreement, MEI Distribution Solutions, 4040 Cedar Grove Parkway 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement for 3912-3914 Cedarvale Drive (Buildings A and B), Lyndon Nelson Property 3. CEDAR GROVE REDEVELOPMENT DISTRICT — Resolution to Approve an Amendment of the Core Area TIF Development Agreement between the City of Eagan and Schafer Richardson F. OTHER BUSINESS G. ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting July 18, 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run � concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the July 69 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the July 6, 2006 EDA meeting on pages �� Z�1`]3 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 6, 2006 A meeting of the Eagan Economic Development Authority was held on Thursday, July 6, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Maguire seconded a motion.to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the May 16, 2006 meeting as presented. Aye: 5 Nay:0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT CONSIDER APPROVAL OF ADVANCE PAYMENT OF RELOCATION BENEFITS TO SOUTHEAST ENTERTAINMENT ENTERPRISES, INC. (GRAND SLAM) Community Development Director Hohenstein discussed the proposed advance payment of relocation benefits to Grand Slam. Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve advance payment of relocation benefits to Southeast-' Enterprises, Inc. (Grand Slam). Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT SCHEDULE PUBLIC HEARING TO CONSIDER THE USE OF EMINENT DOMAIN FOR THE ACQUISITION OF THE ALL AMERICAN RECREATION PROPERTY AT 3820 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the proposed public hearing to consider the use of eminent domain for the Acquisition of the All American Recreation property. rte. Commissioner Maguire moved, Commissioner Fields seconded a motion to schedule a public hearing on August 3, 2006 to consider the use of eminent domain for the acquisition of the All American Recreation Property at 3830 Sibley Memorial Highway. Aye: 5 Nay: 0 OTHER BUSINESS Staff noted that a closed session of the EDA would be held to discuss matters pertaining to relocation benefits for Cedarvale Mall tenants. There was no other business. The meeting was adjourned following the executive session at 8:15. 113 Agenda Memo Eagan Economic Development Authority Meeting July 18, 2006 1. CEDAR GROVE REDEVELOPMENT DISTR,ICT — RESOLUTION TO EXTEND OF OCCUPANCY AGREEMENT. MEI . DISTRIBUTION SOLUTIONS, 4040 CEDAR GROVE PARKWAY ACTION TO BE CONSIDERED: To adopt a resolution to extend the occupancy agreement for MEI Distribution Solutions, 4040 Cedar Grove Parkway and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. FACTS: • As part of the redevelopment of the Cedar Grove Redevelopment Area, the City purchased the property MEI Distribution Solutions (Wade and Debbie Yarbrough) Property at 4040 Cedar Grove Parkway in September 2005. The property will be resold to Lennar Corporation for a future phase of the Nicols Ridge development. • At the time of the purchase, the City entered into an occupancy agreement in which the City would lease the property back to the Yarbroughs for a dollar for one year as.. part. of the _consideration for the_ property, _The _current agreement runs through September 15, 2006. • The Yarbroughs have requested an extension of the lease under its current terms through December 31, 2006. The Yarbroughs have submitted correspondence outlining the responsibilities that they will continue to carry out for the lease extension period, which has value for the City while other tenants occupy the building. They indicate that the extension will also preclude the City's cost of a double move, if they need to relocate sooner. • The City's policy is to require tenants who remain in acquired properties to continue to pay market rents to the City while searching for relocation sites. Exceptions have been considered in cases in which a previous owner remains as a tenant of the property for a period of time and part of the consideration for the sale of the property is low or no -cost occupancy agreement. • The City's relocation consultant has advised that MEI's continued occupancy of the site will facilitate their relocation later this year. ATTACHMENTS: • Request letter onp e • Area map on page l�P • Resolutions on pages 11 ' 09, 114 Jul 10 06 01:57p Debbie Yarbrough 6514526722 p.2 July 10th, 2006 Mr. Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Jon, I am in receipt of your letter dated July 7th, 2006 regarding the extention of our lease at 4040 Cedar Grove Parkway. While I understand the need for the City to collect rent from MEI and a logical place to start is to compare the space and lease payments of the other tenants in the building there is a difference. Under the terms of our lease we are responsible for the following: 6. Maintenance and Repair b. BYTenant. Tenant promises, at Tenant's expense, to maintain the Property and the entire Building (including its utility systems, e.g. the heating, electrical, plumbing or air conditioning systems) and surrounding property in a neat and orderly condition, including mowing and snowplowing. Tenant agrees to eliminate any. violation of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Tenant or the Tenant's family, agent or guest. Tenant shall comply with all the sanitary laws affecting the cleanliness, occupancy and preservation of the Building. I also have been paying for all garbage removal, dumpster, water bill, alarm system, half of lower level utilities (since GDX Paintball ceased paying), all cleaning supplies and consumables to maintain lower level and common areas. Jon, thank you for your time on this matter. As I mentioned I am having eye surgery in mid July. This is part of my consideration for asking for an extension. If it is going to take a lot of time on both our parts we can move as per our original lease date of September 15th, 2006. Taking the above into consideration please come up with a lease figure or let me know if you would prefer not extending. Sincerely, f. Debb' Yarbro C'- 115 0 326 650 1,300 *MvoFaugan Feet Cedar Grove Redevelopment Area 4040 Cedar Grove Parkway II(A EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING EXTENSION OF THE OCCUPANCY AGREEMENT, MEI DISTRIBUTION SOLUTIONS BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve an extension of the Occupancy Agreement, MEI Distribution Solutions, 4040 Cedar Grove Parkway. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 18& day of July, 2006. Jon Hohenstein, Secretary/Deputy Executive Director III CITY OF EAGAN RESOLUTION APPROVING EXTENSION OF THE OCCUPANCY AGREEMENT, MEI DISTRIBUTION SOLUTIONS BE IT RESOLVED by the Eagan City Council to approve an extension of the Occupancy Agreement, MEI Distribution Solutions, 4040 Cedar Grove Parkway. Motion by: Second by: Those in Favor: Those Against: - _ ... ..... _.._.............. CERTIFICATION I, Maria Petersen, 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 in a regular meeting thereof assembled this 18" day of July, 2006. Maria Petersen, City Clerk Agenda Memo Eagan Economic Development Authority Meeting July 18, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT PROPERTY, 3912-3914 CEDARVALE DRIVE ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement and related documents for the Lyndon Nelson property, 3912-3914 Cedarvale Drive and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the voluntary acquisition of properties in which there is a wiling,seller. • The City was approached by the Lyndon Nelson, owner of the properties at 3912- 3914 Cedarvale Drive. At its meeting of May 2, 2006, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $252,500. The price is supported by the seller's appraisal and a review by the City's appraiser. The purchase agreement and related documents are in order for consideration at this time. Part of the consideration for the sale is continued occupancy of the property by the seller for a dollar for a period of one year. ATTACHMENTS: • Area map on page �� • Resolutions on pages • Purchase Agreement, Lease Agreement and related documents available upon request. 119 0 325 850 1, FDD dty 4oFaagan Cedar Grove Redevelopment Area Lyn Nelson Property (3912-14 Cedar Grove Pkwy) EAGAN ECONOAHC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR 3912-3914 CEDARVALE DRIVE - LYNDON NELSON PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for 3912-3914 Cedarvale Drive (Buildings A and B), the Lyndon Nelson Property, in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting. thereof assembled this 18t' day of July, 2006. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR 3912-3914 CEDARVALE DRIVE - LYNDON NELSON PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for 3912-3914 Cedarvale Drive (Buildings A and B), the Lyndon Nelson Property, in the Cedar Grove TIF District for redevelopment purposes Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, 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 in a regular meeting thereof assembled this 1 e day of July, 2006. Maria Petersen, City Clerk 0 Agenda Memo Eagan Economic Development Authority Meeting July 18, 2006 3. CEDAR GROVE REDEVELOPMENT DISTRICT — AMENDMENT OF THE CORE AREA TIF DEVELOPMENT AGREEMENT REGARDING THE DEVELOPMENT SCHEDULE ACTION TO BE CONSIDERED: To adopt a resolution approving an Amendment of the Core Area TIF Development Agreement Regarding the Development Schedule between the City of Eagan and Schafer Richardson and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the. Pity's plans for the area. • Under the TIF Development Agreement between the City and Cedar Grove Development Corp., which was. approved by the EDA and City Council at its meeting, of January 17, 2006 and amended on May 16, 2006, the developer and the City set out dates for several actions that will lead up to the commencement of the redevelopment of the core area. They include dates for the submission of a Phase I Site Plan, submission of a development application, submission of written affirmation of an intent to proceed with the development and a deadline for the purchase of the Cedarvale Mall by the developer from the City. • As the Developer's staff has proceeded with preparation of the Phase I Site Plan, they have identified issues that they want to address prior to proceeding with the submittals. Those issues are outlined in the attached correspondence. They relate generally to the results of an updated market study,'additional input from prospective commercial tenants about the layout of the commercial segments of the property and project cost analyses. They have requested consideration of a revised schedule Postponing the dates noted above by approximately three months in each case. The developer has also noted that the current schedule likely would have resulted in spring construction activity and that the additional work should not substantially shift that schedule. • In the meantime, the City would proceed with the acquisition of the Cedarvale Mall and the tenant relocation activities to provide for the orderly transition of that property to be development ready at the conclusion of the proposed timeline. ATTACHMENTS: • Request letter on pages Iu& • Area map on page el • Resolutions on pages .�gj T • Development Agreement and First and Second Amendment available on request. Cedar Grove Development Corp. 6151st Avenue NE, Suite 500 Minneapolis, MN 55413 July 12, 2006 Mr. Jon Hohenstein City of Eagan and the Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Cedar Grove Redevelopment Project Timeline Proposal And Second Amendment to Development Agreement Dear Jon: As we have discussed over the past several weeks, we have encountered several substantial issues which have delayed the timeline for the Cedar Grove project - we received the market study for the project prepared by Maxfield, we have revisited the program and the site plan for the project, and cost estimates have continued to escalate faster than we can create revenue to offset the costs. Maxfield market study. When we received the Maxfield report on May 315t, we were very surprised by the estimated condominium absorption of 2.5 - 3 units per month for the first -phase.- This .would.mean a-12 -15-year-.absorption schedule -for -the 445.. _ _ ._ -_ _. condominiums currently programmed. This is far too long. Our financing for the project will not work on this schedule, and this timeline would increase our risk exposure past what we believe is prudent. Program and site plan. One of our responses to the market study is to decrease the number of condominiums in the project. The likely replacements for these condos are more retail space, more rental housing, and possibly office space (the affordable housing requirements would be adjusted as appropriate to maintain the 20% called for in the Development Agreement). These adjustments will have a significant impact on the overall site plan, and it will take time to incorporate the changes into a revised site plan for City review and approval. At the same time,we have heard from retail experts and some potential tenants that the layout of the east end of the site is less than optimal for the needs of commercial tenants. We have engaged a noted retail site planner to help us program this part of the site to provide an environment more conducive to making the commercial space successful. Similarly, it will take time to incorporate these changes into a revised site plan for City review and approval. Project cost increases. As we have worked with our civil engineer and other consultants, we have revised our estimates for specific line items within the proforma. Cost estimates for the project have increased more that $5 million since the Mr. Jon Hohenstein City of Eagan and the Eagan Economic Development Authority July 12, 2006 Page 2 Development Agreement was signed. It will take time to understand the costs, reduce costs wherever possible, and work in partnership with the City to figure out ways to bring the costs and the revenues into balance. Jon, I hope this information is useful to you, the City Council, and the BDA as you evaluate our request to. extend the project timeline as described in the Second Amendment to the Development Agreement. Please let me know if I can answer any questions. Thank you for your consideration. Sincerely, David K Frank Project Manager . 0 325 650 1,300 Feet *-MVOF O'ngun . Cedar Grove Redevelopment Area Core Area and Cedarvale Mall Property EAGAN ECONOMIC DEVELOPMENT AUTHORITY . RESOLUTION TO APPROVE THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF EAGAN AND CEDAR GROVE DEVELOPMENT CORP. RELATED TO THE DEVELOPMENT OF THE CORE REDEVELOPMENT AREA BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Second Amendment to Development Agreement Dated January 17, 2006 Relating to Tax Increment Financing District No. 1 Between the City of Eagan and Cedar Grove Development Corp. related to the development of the core redevelopment area in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 18" day of July, 2006. Jon Hohenstein, Secretary/Deputy Executive Director M CITY OF EAGAN RESOLUTION TO APPROVE THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF EAGAN AND CEDAR GROVE DEVELOPMENT CORP. RELATED TO THE DEVELOPMENT OF THE CORE REDEVELOPMENT AREA BE IT RESOLVED by the Eagan City Council to approve the Second Amendment to Development Agreement Dated January 17, 2006 Relating to Tax Increment Financing District No. 1 Between the City of. Eagan and Cedar Grove Development Corp. related to the development of the core redevelopment area in the Cedar Grove Redevelopment District. Motion by: Second by: Those inFavor: Those Against: CERTIFICATION I, Maria Petersen, 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 in a regular meeting thereof assembled this I e day of July, 2006. Maria Petersen, City Clerk nZ Agenda Information Memo Eagan Economic Development Authority Meeting July 189 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. ian • . ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA JULY 17, 2006 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS • DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity • � "TIPP City of Evan �cmo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 17, 2006 SUBJECT: ADMINISTRATIVE AGENDA / JULY 189 2006 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves the right to schedule an Executive Session for matters of threatened or pending litigation or personnel/labor relations. CITY ADMINISTRATOR There are no items at this time. • DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update — Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on pages through „7, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. Item 2. Development/Construction Activity — Per the Council's request, Community Development staff will provide bi-weeklyupdates of larger development and construction activity. The current update is enclosed on page . /s/ Thomas L. Hedges • City Administrator • City of NOaR �eoo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 17, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Cedarvale Mall Acquisition - The City will be able to take possession of the mall on September 1, 2006. • First Phase Development Plans — In the EDA actions, the developer is proposing a three month extension of deadlines for submission of Phase I concept plans, development applications, notification of intent to proceed and the their purchase of the mall property. • Silver Bell Center Remodeling — The owners of Silver Bell Center have indicated that they continue to pursue a refacing and remodeling of the shopping center to meet the CGD standards. The lease agreements for Cedarvale Barbers, Mike's Shoe Repair, Cedarvale Tailors and Burton's Frame Shop have been executed. The authorization of the Mall acquisition will permit those businesses to have their tenant improvements done to permit them to move to their new locations in late summer or early fall. • • Acquisition and Relocation Plans — Staff is in contact with the owner the Shell Station and are waiting for appraisals from Ellingson and Associates and Steve Martin for to negotiate the acquisition of those properties. Staff has also discussed possible acquisition with the owners of the Sinclair Station and Kelly Plourde Sales. Several other property owners are actively seeking new sites for their businesses. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. Northeast Easan Redevelopment District • Grand Oaks Development — Construction is complete on first office building, retail center and bank building. Construction is also underway on the Grand Oak 11 office building on the former site of the TMI building. • TMI Relocation Assistance Appeal — TMI has submitted a written request for a hearing to consider their appeal on relocation claims that the City's relocation consultant has denied, for various reasons. The hearing officer under the policy is the Inver Grove Heights City Attorney. That office is in the process of requesting detailed background on the claim from TMI, which will be necessary before they can schedule a hearing date. • McGough Office Project — The developer has submitted a final offer to Roger Reiling for the proposed acquisition of his property. If that results in a sale, it is possible that two of the other properties would also sell on similar terms. If it is not successful, the City Attorney's office is prepared to proceed with notices to the owners of the City's intent to acquire the properties under the Council's previous authorization. The City Attorney's office has had appraisals of the property prepared and is in a position proceed. 0 . • Hwy 55 Parcels — Greg Miller of Interstate Partners has approached staff regarding their negotiations to acquire the Cheney property and a portion of the DART Transit property in that part of the District south of Hwy 55 for possible redevelopment as an office showroom product similar to Grand Oak 6. If the negotiations are successful, Interstate would ask the City to consider assistance with the acquisition of the motel property and the installation of public improvements in the area. The concept plan does not include the Hose -Conveyor building or the two DART parcels closest to the Hwy 55-149 intersection. Staff has asked Interstate to submit a TIF application and project proforma to permit it to be reviewed for EDA consideration. Southeast Eagan Renovation and Renewal District • The City Council approved the resolutions authorizing the creation of the district on June 20. Staff will proceed with negotiations of a development agreement with Revestors relative to assistance with extraordinary costs associated with the first phase of the Red Pine Crossing development. General Redevelopment • Impact of Eminent Domain Legislation on Redevelopment Districts — In consideration of the 2006 law changes, staff, Ehlers and Associates and the City Attorney will develop a property acquisition plan for the two Eagan Redevelopment Districts that were in place prior to February 1, 2006. Acquisition must occur within five years of the certification of the district, which will be August 8, 2007 in the case of the Northeast Eagan District and July 22, 2008 in the case of the Cedar Grove District. • 0 Abbk,- Citi of Eagan demo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: July 12, 2006 SUBJECT: DevelopmentlConstruction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued • Address Business Name Valuation Type 800 Lone Oak Rd Dart Transit . 21600,000 Comm Add 6.10 Opperman Dr Thomson Legal 842,000 Comm Impr 950 Apollo Rd Iron Mountain 659,000 Comm Impr 2900 Lone Oak Pkwy A.I.G. 320,000 Comm Impr - Development Update ➢ Planning and Engineering staff met recently with the Scenic Enterprises ownership group to discuss Business Park development for the 85 acres located north of Lone Oak Road in northeast Eagan. ➢ Other development interest has been indicated recently for the northwest corner of Lexington Avenue and Lone Oak Road, the south side of Yankee Doodle, east of Highway 149 and acreage parcels located on the east side of Highway 13, just north of Transport America. Staff will be happy to provide a brief overview of these items and/or respond to questions at Tuesday's meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. 0 IMMuilding Activity Reports/Commercial Reports for CC/EOOIi City of Eapn Nemo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 17, 2006 SUBJECT: ADDITIONAL INFORMATION / JULY 18, 2006 CITY COUNCIL MEETING There are no items at this time. • /s/ Thomas L. Hedges City Administrator • AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 18, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE H. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA • A. APPROVE MINUTES 1" o B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS D'ADOPT Proclamation recognizing August 1, 2006 as National Night Out P E. APPROVE Resolution allowing the City of Eagan to continue participation in the Dakota County Safety Program • F. through 2007, APPROVE the sale of 3 Cairns Thermal Imaging Cameras to the City of Frazee Fire Department G. APPROVE a Resolution outlining the terms of a revolving internal loan in connection with the Southeast Eagan Tax Increment Financing District Number 1. H. APPROVE a proposal from the Stanton Group to provide actuarial services to value post employment benefits. PI. APPOINT Jason Ziemer, Administrative Intern, as an alternate to the Minneapolis -St. Paul Airport Noise Oversight Committee (NOC). Fe J. APPROVE MnDOT Traffic Signal Agreement for Cliff Road at TH 77 & I -35E P K. APPROVE "No Parking" Resolution, TH 149 (Wescott Road -to TH 55) & Holiday Lane (TH 55 to Courthouse L. Lane) APPROVE Wetland Replacement Plan for Project 778, TH 149 Upgrade P• 3 M. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 04-G (Schwann Addition) ;RN. APPROVE off -sale liquor license for K -Liquor, Inc., dba K -Liquor, 1274 Lone Oak Road - 0. -APPROVE temporary on -sale -liquor -license and waive license fee for the Southwest Area YMCA - — - - P. APPROVE Tree Maintenance Contractor License for Catracho's Tree Service, 3741 2nd Ave. S., Minneapolis, MN Q. APPROVE Change Order No. 3 for Contract 06-02, City -Wide Street Overlays • D R. APPROVE Easement Acquisition, Cliff Lake Centre — Access to Cliff Lake V. PUBLIC HEARINGS A. PROJECT 938, Nicols Road (Pin Oak Drive to Cliff Road) — Sidewalk Improvements (Cont'd. from 6-6-06) B. PROJECT 858, Sibley Terminal Industrial Park — Storm Sewer Improvements / r8 C. PROJECT 929,.Red Pine Lane/Gun Club Road — Street Improvements P.13q D. VACATE Public Right -of -Way — Gun Club Road �•�E. VARIANCE — A Variance for the setback to the public right-of-way from Pilot Knob Road and a Variance for a trash enclosure located at 1379 Town Centre Dr. on Lot 1, Block 1, Town Centre 70 Sixth Addition in the NW '/< of Section 15. VI. OLD BUSINESS VII. NEW BUSINESS f. 15 Z. A. PRELIMINARY Subdivision — Eagan Hills Alliance Church — A Preliminary Subdivision of 10.26 acres to create 2 lots located at 760 & 700 Diffley Road on Lot 1, Block 1, Praise Lutheran Church 2nd Addition and Lot 1, Block 1, Sunset Twelfth Addition located in the NW '/o of Section 25. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. DIRECT the Airport Relations Commission (ARC) to enter into discussions with the City's Legislative delegation and the other communities within the 65 dB DNL contour regarding legislation that addresses the cities' representation on the Metropolitan Airports Commission (MAC). P• 11Q IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT - Nicols Ridge — Request for Extension of Occupancy Agreement, MEI Distribution Solutions, 4040 Cedar Grove Parkway 1'1 2. CEDAR GROVE REDEVELOPMENT DISTRICT— Approve Purchase Agreement for 3912-3914 Cedarvale Drive (Buildings A and B), Lyndon Nelson Property 3. CEDAR GROVE REDEVELOPMENT DISTRICT — Resolution to Approve an Amendment of the Core Area TIF Development Agreement between the City of Eagan and Schafer Richardson P'! C) F. OTHER BUSINESS l G. ADJOURNMENT X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eaian �euu TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 149 2006 SUBJECT: AGENDA INFORMATION FOR JULY 18, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 18, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 6, 2006 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the June 20, 2006 regular City Council meeting and the June 13, 2006 Special City Council meet as presented or modified. ATTACHMENTS: • Minutes ?A the June 20, 2006 regular City Council meeting are enclosed on pages 3 through • Minutes of the June 13, 2006 Special City Council meeting are enclosed on pages la through 1-. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 6, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councihnembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on July 6, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Mayor commended the organizers of the Fourth of July celebration for their work and excellent event. CONSENT AGENDA Item G was pulled for discussion. It was noted that item L would be removed from the Consent Agenda and discussed during the closed session. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the consent agenda,. _ _Aye; 5 Nay_0_ ..._ A. Minutes. It was recommended to approve the minutes of the June 20, 2006 City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Leslie Chemielewski as a Planning Intern C. Check Re isg ters. It was recommended to ratify the check registers dated June 22, 2006 and June 29, 2006 as presented. D. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Prime Cut Tree Service, 756 Jackson Street, St. Paul. E. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Julie Bunde (All About You Salon), 525 Diffley Road. F. Project 778. It was recommended to approve a Record of Decision for Environmental Assessment / Worksheet for Project 778 (Trunk Highway 149 — Street Upgrade) of a Negative Declaration on the need for an Environment Impact Statement (EIS). G. Street Name Chance. Pulled for discussion H. City Project 03-0. It was recommended to acknowledge the completion of improvements for City Project No. 03-Q (Wentworth Park) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. I.. Telecommunications Lease Agreement It was recommended to approve the telecommunication lease agreement with Cingular Wireless for an antenna installation on the Yankee Doodle Reservoir at 760 Yankee Doodle Road, Eagan, MN and authorize the Mayor and City Clerk to execute all related documents. J. Tachsight Thermal Imager. It was recommended to accept a grant award of a thermal imager from Commercial Equipment Direct Assistance Program (CEDAP). K. Extension for Recording Final Plat. It was recommended to approve an extension to October 9, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE '/, of Section 4. L. Sale of Remnant,Property. Consideration of the sale of remnant City property (Parcel 10-03600-020-82) to Revestors, Inc. Removed —Discussion to be held at closed session Eagan City Council Meeting Minutes July 6, 2006 Page 2 M. Change in Address — Off Sale Liquor License - It was recommended to approve a change in address on the off -sale liquor license for Black Diamond Liquor, LLC, dba Black Diamond Liquor, from 525 Diffley Road, Suite 1030 to Suite 2050. N. License and User Agreement - It was recommended to approve a license agreement with Davey Tree Expert Company for company to use specified city photos of Eagan's Grandfather Tree with proper credit and authorize the Mayor and Clerk to sign' all necessary documents. O. Comprehensive Guide Plan Amendment Rezoning Preliminary Subdivision Conditional Use Permit and Variance - It was recommended to implement a Comprehensive Guide Plan Amendment to change the land use designation upon 4.34 acres from QP (Quasi -Public) to LD (Low Density) residential located west of I- 3 5E and south of Deerwood Drive in the SW '/4 of Section 21. G. Street Name Change= street name change of Baffin Trail / Delaware Trail to Argenta Trail. Donn Kirchgatter spoke in favor of the name change of Baffin Trail / Delaware Trail to Argenta Trail. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the street name change of Baffin Trail / Delaware Trail to Argenta Trail. Aye: 5 Nay: 0 PUBLIC HEARINGS OUTLOT A, EAGAN WOODS OFFICE ADDITION RIGHT OF WAY VACATION City Administrator Hedges introduced this item regarding the.vacation of a portion of public right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition. Public Works Director Colbert gave a staff report. Mayor_Geagan. opened the public hearu►g.. There be no public comment, he closed the public hearing and turned _ _._ discussion back to the Council. Councilmember Maguire moved, Councihnember Tilley seconded a motion to approve the vacation of a portion of public right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE TO EXCEED LOT COVERAGE AT 1746 GALAXIE COURT ART AND CHAR LUNOW City Administrator Hedges introduced this item regarding a request for a variance to exceed 20 percent lot coverage by 2.7 percent for an addition to the principal structure at 1746 Galaxie Court. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing Kathy Johnson, adjoining property owner, expressed concern that a precedent would be set should the variance for additional lot coverage be granted. She requested, that should the variance be approved, additional landscaping / screening be required. Art and Char Lunow, applicants discussed the requested variance and plans for a porch addition. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councihnembers concurred that given the vegetation surrounding their home, the porch addition would not be visibly intrusive to the neighboring property owners. They firther agreed that due to the house having a door that currently does not lead out to a structure, the addition of the porch would be an improvement to the overall appearance of the house. 4 Eagan City Council Meeting Minutes July 6, 2006 Page 3 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Variance to exceed 20 percent lot coverage by 2.7 percent for an addition to the principal structure at 1746 Galaxie Court; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted.by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Total building coverage shall not exceed 22.7 percent. OLD BUSINESS ORDINANCE AMENDMENT OF THE CITY OF EAGAN AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.12, SUBD. 7(D), REGARDING REGULATION OF HARBORING CARRIER PIGEONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 City Administrator Hedges provided background information regarding an ordinance amendment regulating the harboring of carrier pigeons. He noted that this issue had been previously discussed at the March 6, 2006 City Council meeting and the June 13, 2006 Special City Council meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment amending Eagan City Code Chapter 10 entitled "Public Protection, Crimes and Offenses" by amending Section 10. 12, Subd. 7(d), regarding regulation of harboring carrier pigeons; and by adopting by reference Eagan City Code Chapter 1 and Section 10.99; and the moratorium on prohibiting consideration of the issuance of pigeon harboring _.. _ licenses will be lifted, at the time of publication of the ordinance amendment. Aye: 5 Nay 0 _.. PLANNED DEVELOPMENT AMENDMENT — JOE KOHAUT (VIVA ITALIA) (REQUEST FOR MODIFICATION) City Administrator Hedges introduced this item regarding a request for modification to conditions regarding reserved parking signs in conjunction with a Planned Development Amendment to add patio dining to the Viva Italia restaurant at 1629 Lena Court. City Planner Ridley provided background information, noting that the applicant has approached other tenants of the shopping center regarding the removal of the reserved parking signs and they have been unwilling to amend their leases. After discussion, Council concurred that the reserved parking signs should not be allowed after the expiration of existing leases. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the request for modification to conditions regarding reserved parking signs in conjunction with a Planned Development Amendment to add patio dining to the Viva Italia restaurant at 1629 Lena Court with an additional condition that the, reserved parking signs come down at the time of expiration of existing leases and that no additional reserved parking signs are allowed. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (GOPHER COMMONS) GOPHER RESOURCES City Administrator Hedges introduced this item regarding a preliminary subdivision of 21 acres to create 3 lots and one outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes July 6, 2006 Page 4 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision of 21 acres to create 3 lots and one outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW '/. of Section 13, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 2, 3, 4, C1, 2, 3, D1 and El. 2. The property shall be platted. 3. The designer of the erosion/sediment control plan required under the MPCA permit shall be certified through a state erosion/sediment control design training course, such as offered by the Minnesota Department of Transportation, or a City -approved equal erosion/sediment control design training course. 4. The developer shall be responsible for acquiring permit approval from Canadian Pacific Railroad to allow the discharge of storm water and construction activity within railroad right -of --way prior to Final Subdivision approval. 5. The developer shall reduce the amount of discharge to one point, and provide sufficient storm flow energy dissipation so as not to erode areas within the railroad right-of-way ditch, as approved by City staff. 6. The developer shall construct an outlet skimmer on the proposed storm water basin, in accordance with City. standards. 7. This developer shall meet all conditions of plat approval and permit approval as required by Dakota County. 8. The developer shall provide a private ingress/egress easement in favor of the West Publishing property providing for future use of the private street within the development, as approved by the City Attorney. 9. The developer shall provide cross easements for parking and access in a form acceptable to the City Attorney. -- - - — - - 10 --The developer-shall-be-responsible.for-.acquiring.permit.approval.from.MagellanPetroleum.for all _.,...._- development work within the pipeline easement on the property. 11. The developer shall be responsible for acquiring permit approval from the MN Department of Transportation for all work within Highway 149 right -of -.way, prior to final subdivision approval. 12. If the Outlot is not buildable it shall be combined with Lot l at Final Subdivision, the developer shall make this determination. 13. This development shall be responsible for a cash parks and trails dedication. 14. The applicant shall fulfill the required tree mitigation through the installation of forty-two (42) Category B trees, or an equivalent combination of Category A, B or C trees. 15. To meet water quality requirements, one pond shall be constructed to treat stormwater from 20 acres. It shall have minimum wet -pond volumes and areas according to stormwater runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed to treat stormwater from 20 acres. It shall have minimum wet -pond volumes and areas according to stormwater runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed according to NURP standards with a maximum depth of 10 feet and a 10:1 aquatic bench from normal water level. 16. In lieu of ponding to treat stormwater runoff from 2.8 acres, a cash dedication should be required. 17. Final Planned Development review is required for development of these lots. 18. Any outdoor storage would require a Planned Development Amendment. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMIARY PLANNED DEVELOPMENT AND VARIANCE — SUNRISE PROPERTIES City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Density Residential) to HD (High Density Residential) of approximately 5.1 acres; a rezoning from A, Agriculture and R-4, Residential, Multiple, to PD, Planned Development; a preliminary planned development to create a 107 unit apartment building upon 6.8 acres; all located at 2101 Wuthering Heights Road and adjacent property south of 2099 Silver Bell Road; and a variance of 30 feet to the required 50 -foot X Eagan City Council Meeting Minutes July 6, 2006 Page 5 setback from a public right-of-way for the existing apartment building on 2099 Silver Bell Road. City Planner Ridley gave a staff report. ' Theresa Haglund, Sunrise Properties, was present to answer questions of the Council. A brief discussion was held. Councilmember Carlson moved, Councilmember Fields seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Denisty) to HD (High Density Residential) of approximately 5.1 acres located at 2101 Wuthering Heights Road in the SE '/4 of Section 18. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning from A, Agriculture and R4, Residential, Multiple, to PD, Planned Development of 6.8 acres located at 2101 Wuthering Heights Road and adjacent property south of 2099 Silver Bell Road in the SE 1/4 of Section 18. Aye: 5 Nay: 0 Councihnember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to create a 107 -unit apartment building upon 6.8 acres located west of Silver Bell Road and Highway 13 in the SE 1/4 of Section 18, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 3. The property shall be platted prior to issuance of any building permits. 4. Architectural design and construction methods for construction of the apartment building shall incorporate - - - - - -- - sound attenuation standards sufficient to -achieve -an interior sound.level of 45 ABA. _ ... ---_-- _.. 5. The remnant Outlot A of Lot 1, Block 1, Vogelpohl Addition shall be included in the right-of-way easement area. 6. R-4, Residential Multiple setbacks shall apply to this development except as noted otherwise. 7. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance With current City standards and codes prior to final plat and planned development approval. 8. 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. 9. 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. 10. The developer shall construct an outlet skimmer structure, in accordance with City engineering standards, on the outlet from the proposed pond. 11. The proposed public street shall be constructed to City engineering standards. 12. The developer shall acquire the necessary public drainage & utility easement to cover the proposed storm sewer pipe and pond expansion on Lot 1, Block 1, Cedar Bluffs Business Center, prior to final plat and Final Planned Development approval. The easement shall be in a form acceptable to the City Attorney. 13. The developer shall acquire the necessary public street easement from Lot 1, Block 1 Vogelpohl Addition to. cover the proposed street extension, prior to final plat and planned development approval. The easement shall cover the necessary street extension and include .the area shown as Outlot A within Vogelpohl Addition on the preliminary site plan. The easement shall be in a form acceptable to the City Attorney. 14. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 15. This development shall provide all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required bythe appropriate jurisdictional agency, in a form acceptable to the City Attorney. 16. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. Eagan City Council Meeting Minutes July 6, 2006 Page 6 17. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 18. The developer shall provide a financial guarantee and inspection escrow, in amounts and types in accordance with City final subdivision procedures and policies, for the public street and utility work for the development, prior to final plat and planned development approval. 19. The developer shall provide as -built record plans of all public streets and utilities, in a form acceptable to the City Engineering Department, at the completion of the development and before occupancy of the proposed building. 20. Two ponds should be utilized to treat stormwater runoff as proposed. The ponds should have dimensions acceptable to City standards. 21. The developer shall fulfill tree mitigation requirements through the installation of one hundred three (103) Category B trees, and a cash payment of $22,500.00. 22. The developer shall protect preserved trees' 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 Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 23. The developer 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. 24. The developer shall demonstrate compliance with recreational space requirements and interior storage space requirements prior to Final Planned Development approval. 25. The developer shall revise the Landscape Plan to preserve proof of parking areas for future use and maintain visibility along the drive lanes. 26. The Landscape Plan shall be revised prior to Final Planned Development approval to address the following: a. Review placement of trees on the slope west of the building to ensure that planting and. maintenance can be accomplished. b......- Substitute_tall.deciduous..trees for conifers. on.the_west.,side_of the_building..... __ .. c. Maintain visibility along the drive lanes d. Substitute shorter ornamental trees near the patio so as not to obstruct emergency access to the upper floors of the building. 27. The applicant shall enter into a maintenance agreement with the City for perpetual maintenance of the landscaping within the right of way area south of the new public street. The Final Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. 28. The monument sign shall be permitted in the right-of-way easement adjacent to Silver Bell Road, and shall be set back at least 10 feet from all property lines. The applicant shall enter into a maintenance agreement with the City for perpetual maintenance of the monument sign and right of way area. 29. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the planting plan to ensure the two do not conflict. Any conflicts shall be resolved and reflected on the Final Site Lighting plan required for the Final Planned Development application, and shall be subject to review and approval by City staff. 30. The developer shall have the lighting engineer should also verify that the sidewalk areas are sufficiently lit for safety and security purposes, and add pedestrian level lighting if necessary. Security and safety lighting shall be shown on the Final Site Lighting Plan required for Final Planned Development approval, and shall be subject to review and approval by City staff. 31. This proposal shall be responsible for a cash parks and trails dedications payable at the time of final plat at the rates then in effect. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve ,a Variance of 30 feet to the required 50 -foot setback from a public right of way for the existing apartment building on 2099 Silver Bell Road from the new public,street to serve the proposed Kennealy Ridge apartment development. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT — PARK NICOLLET City Administrator Hedges introduced this item regarding a planned development amendment to allow a pylon sign on Plaza Drive which contains a 20,000 medical facility. City Planner Ridley gave a staff report. 50: Eagan City Council Meeting Minutes July 6, 2006 Page 7 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff 3'd Addition in the NW '/4 of Section 32 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute and record a Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. A sign permit shall be obtained prior to sign placement and the proposed pylon sign shall meet all City Code requirements including spacing and size limitations. Sign face area shall be limited to 125 square feet per side. 3. The pylon sign shall serve as the subject site's identification signage form I -35E and the existing building signage located on the rooftop mechanical screen wall • shall be removed. 4. A Landscape Plan, illustrating the location of landscaping to be removed and replaced, shall be submitted. Mayor Geagan recessed the regular City Council meeting to immediate convene a meeting of the Economic Development Authority at 7:30 p.m. The regular City Council meeting was reconvened at 7:35 p.m. ADMINISTRATIVE AGENDA There were no action items under the Administrative Agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. _ ....... The.meeting was -recessed into. closed_session_at 7:.4.O.p.m...._, _ ._.__..._. _ . _ -__ _-- _. _.... _.. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, .age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL RETREAT TUESDAY JUNE 139 2006 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Maguire, and Tilley. Councilmember Fields was not present. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Colbert and Communications Director Garrison. L ROLL CALL AND ADOPTION OF AGENDA At the request of City Administrator Hedges, under Other Business the Council added; Discussions regarding the need for a new Alternate to the DCC, the Community Center Reader Board, and the new Captain's Course Miniature Golf at Cascade Bay. H. SCHOOL DISTRICT 191 UPDATE / SCHOOL BOARD CHAIR MORRISON AND SUPERINTENDENT KANNINEN Mayor Geagan welcomed Chair Morrison and Superintendent Kanninen to the meeting. Dr. Kanninen noted the School Board's desire to meet with the communities served by District 191. School Board Chair Morrison provided an update to the City Council regarding the highlights and goals of the School District. Morrison summarized the accomplishments and challenges before the School District. Councilmember Maguire arrived at 5:40 p.m. Chair Morrison, Dr. Kanninen and the City Council discussed the current happenings at the district and the impact of lost state aid on the school district. The City Council commended the two for the accomplishments of District 191, and Mayor Geagan thanked them both for attending the City Council meeting to provide an update. IIl. TECHNOLOGY WORKING GROUP CHECK-IN AND CONDUIT ROUTE ANALYSIS City Administrator Hedges introduced the item noting that per the direction of the City Council, the Technology Working Group's priorities for 2006 included reporting back to the City Council on recommendations for the highest and best use for an 11.5 -mile conduit route that Eagan owns, conducting a technology survey of citizens, determining recommendations regarding wireless needs, and deciding how to attract world class internet speeds to Eagan. Hedges added that in )D November 2005, the City Council approved hiring a consultant to provide the City and the Working Group with the specific market analysis regarding the best use options for the conduit. Communications Director Garrison addressed the City Council summarizing the work of the Technology Working Group to date. Garrison noted that the purpose of tonight is for the Technology Working Group to provide a brief overview of the technology survey findings. Garrison introduced Technology Working Group members Drew Gallagher, Director of Voice and Data Convergence for Blue Cross Blue Shield of Minnesota, and Eagan resident Jim Moeller, a technology market research consultant. Mr. Gallagher and Mr. Moeller summarized the recent efforts of the Working Group and specifically its review of the consultant's conduit recommendations. The City Council and members of the Technology Working Group who were present discussed the conduit analysis and the various options before the City. Mayor Geagan also recognized members of the Technology Working Group who were in the audience. Per the recommendation of the Technology Working Group, Councilmember Tilley moved, Councilmember Carlson seconded a motion to refer the technology survey results and conduit route analysis to the City Council's Communications Committee for further discussion regarding the public policy issues and a suggestion as to a process for bringing back the issue to the full City Council. Aye: 4; Nay: 0 The City Council recessed at 6:25 p.m. and reconvened at 6:40 p.m. IV. PIGEON HARBORING LICENSING ORDINANCE Per the consensus of the City Council, due to the large number of residents interested in the pigeon harboring licensing, the item was moved up on the City Council's agenda for the evening. City Administrator Hedges introduced the item noting that on February 21, 2006 the City Council denied the license for the harboring of pigeons at 3880 Princeton Trail and directed the removal of the pigeons within 60 days. Hedges added that the Council further direct the preparation of an ordinance amendment that would restrict the harboring of pigeons to agricultural districts provided that the property is five or more acres in size. Hedges also noted that the proposed ordinance amendment was considered on March 6, 2006 and continued until such time as more information could be gathered and discussed by the City Council at a workshop. Based on the - advice of the City Attorney's office, staff recommended and the City Council approved a moratorium ordinance on May 26, 2006 prohibiting consideration of the issuance of pigeon harboring licenses until September 30, 2006 or such sooner time as the City Council may determine. Hedges also noted that there currently are two license requests for the harboring of pigeons. Lastly, Hedges noted to the City Council that a letter was provided to Director of Administrative Services VanOverbeke at tonight's meeting with pictures of the property located at 3880 Princeton Trail, which demonstrates concerns that the neighbors have regarding the property and the harboring of their pigeons. Director of Administrative Services VanOverbeke summarized the ordinances currently in place in other communities with regard to the harboring of pigeons. Mayor Geagan opened the floor to public testimony. Both property owners requesting licenses for the harboring of pigeons addressed the City Council, as did numerous residents as well as the President of the Minnesota State Pigeon. Association. The City Council discussed how a pigeon harboring ordinance would best be enforced. The Council directed staff to prepare an ordinance for the July 6, 2006 City Council meeting that would require pigeon harboring license owners to have a membership in a pigeon association, address the lot size requirement to harbor pigeons, and the requirement that the license be renewed annually by the City. V. DISCUSSION: ROSEMOUNT AIR CARGO FACILITY City Administrator Hedges introduced the item noting that the City of Rosemount is pursuing the development of an air cargo regional distribution center at one of three sites near the intersection of TH 52 and County Road 42. The facility would offer consolidated customs management, customs free trade zones status, certain tax benefits and other benefits to freight forwarders. Hedges noted that the county has requested the cities of Eagan and Mendota Heights to take positions on the proposed project as input to the county's ultimate consideration of a resolution regarding the air cargo regional distribution center. Director of Community Development Hohenstein further summarized the issues associated with the air cargo facility. _._.....The City. Council -discussed the proposed facility,_and..it_was. noted_that a primmer. on.the.... business of freight forwarding would be beneficial. The Council also requested that feedback from the freight forwarding businesses be gathered as input into the study of the facility. Director of Community Development Hohenstein noted that a survey could be compiled to gather input from the freight forwarding businesses. The Council requested that representatives of the freight forwarding businesses be invited to a future meeting to further discuss the proposed facility. Hedges noted that the purpose of tonight's discussion is simply to provide an update and get feedback from the City Council with regard to the air cargo facility; however, no formal action is required. VL INFORMATIVE UPDATE RE: CITY'S DEVELOPMENT DEPOSITS AND FINANCIAL GUARANTIES City Administrator Hedges introduced the item noting that at a recent City Council meeting, staff was duetted to provide an informative update to the Council regarding the City's use of the development deposits (escrows) and financial guaranties. Hedges added that the City has had a long and successful history of using both development deposits and financial guaranties with minimal problems. Director of Administrative Services VanOverbeke provided background on the way in which the City handles development deposits and financial guaranties. 11 The City Council discussed the City's practice and recommended no change to the current way in which the City operates development deposits and financial guaranties. VII. 2007 BUDGET UPDATE City Administrator Hedges provided an overview of the 2007 General Fund Budget process to -date, noting that staff began the process in early April, with proposals being due to the City Administrator by June 16, 2006. Hedges added that, in being consistent with past practice and as a starting point, Directors have been instructed to target an inflationary three percent increase in each division or department. Hedges also noted that this budget cycle is in the beginning steps of implementing a process of enhancing the budget to become a better and more comprehensive planning, policy, and communications tool through recommendations of the Government Finance Officers Association. to -date. The City Council had no further direction regarding the 2007 General Fund Budget process VIII. OTHER BUSINESS City Administrator Hedges noted that a new alternate is needed for the DCC Executive Committee from the City of Eagan. per the recommendation of City Administrator Hedges, Councilmember Carlson moved, Councilmember Tilley seconded a motion to appoint Director of Administrative Services _.._VanOverbekeas the alternate to -the DCC Executive Committee. Aye: 4, —0 City Administrator Hedges provided an update on the construction of the Captain's Course Miniature Golf at Cascade Bay. Hedges noted that the grand opening for the mini golf course will occur on July 6, 2006. City Administrator Hedges noted that the new reader board at the Community Center is now functioning. IX. VISITORS TO BE HEARD There were no visitors to be heard. X. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:47 p.m. Aye: 4; Nay: 0 13 Agenda Information Memo July 18, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Administrative Intern— ACTION TO BE CONSIDERED: To approve the hiring of Jason Ziemer as an Administrative Intern. Iq Agenda Information Memo July 6, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 6, 2006 and July 13, 2006 as presented. ATTACHMENTS: • Check registers dated July 6, 2006 and July 13, 2006 are enclosed without page number. Consent Agenda Information Memo July 18, 2006 Eagan City Council Meeting b. Recognition of August 1, 2006 as National Night Out in Eagan ACTION TO BE CONSIDERED: Adopt proclamation recognizing August 1, 2006 as "National Night Out" in Eagan. FACTS: • Tuesday, August 1, 2006, is the 23rd annual National Night Out celebration. • The City of Eagan has participated in National Night Out since 1998. • Participation has grown every year in Eagan. This year it is anticipated that over 100 neighborhoods will take part. • Eagan residents are asked to join 32 million of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong _ _. police/community partnerships. • Strong neighborhoods are essential to public safety and homeland security. • From 5:00 to 9:00 p.m., residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. • Police, Fire and Public Works units will visit neighborhood gatherings which register by July 21St • Registration can be done by mail, fax or on-line at www.citvofeagan.com. • For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5727. ATTACHMENTS: National Night Out proclamation on page 140 CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2006 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 1, 2006 called "National Night Out"; and WHEREAS, the "23rd Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police -community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2006" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police -community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "23rd Annual National Night Out" on August 1, 2006. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 1, 2006 as "National Night Out" in the City of Eagan. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Deputy Clerk CERTIFICATION I, Maria Peterson, Deputy 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 of July, 2006. Maria Peterson, Deputy Clerk 17 Consent Agenda Information Memo July 18, 2006 Eagan City Council Meeting LZ . Grant Resolution for Dakota Traffic Safety Grant ACTION TO BE CONSIDERED: Approval of a resolution allowing the City of Eagan to continue to participate in the Dakota Traffic Safety Program through 2007. FACTS: • The grant will allow for up to approximately $70,000 in reimbursed overtime for saturation patrols to detect impaired driving in Dakota County. . • The grant is shared by all law enforcement agencies in Dakota County. • Throughout the year, police officers from each member agency join together to target, an area in the county that has been identified as having the potential for _. _. _.. increased incidence of DLII violations. In the first 6 months of 2006, over 160 additional alcohol related offenders were arrested in the county that would not have been intercepted without the grant. ATTACHMENTS: Proposed Resolution 32 CITY OF EAGAN RESOLUTION A RESOLUTION AUTHORIZING THE CITY OF EAGAN TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP WHEREAS, the City of Eagan desires to participate in the Dakota County Traffic Safety Group Grant Project. WHEREAS, the State of Minnesota requires a resolution of the City Council to participate. WHEREAS, the City has entered into previous grants to provide increased traffic enforcement and educational activities. WHEREAS, the City has partnered with other Dakota County law enforcement agencies to increase traffic safety in the community. WHEREAS, the City will partner the 11 other government entities in Dakota County to increase traffic safety. WHEREAS, the City Councilors of the City of Eagan have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with the OTS through the DCTSG to provide enhanced traffic enforcement. NOW THEREFORE, BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED this 18th day of July, 2006 ATTEST: , City Clerk Iq , Mayor Agenda Information Memo July 18, 2006 Eagan City Council Meeting F. SALE OF THREE (3) CAIRNS THERMAL IMAGING CAMERAS TO THE CITY OF FRAZEE FIRE DEPARMTNET Award sale of surplus thermal imaging cameras to the City of Frazee Fire Department. ACTION TO BE CONSIDERED: Approve sale of three surplus thermal imaging cameras to the City Of Frazee for $150. FACTS: • The Fire Department purchased five new thermal imaging units in 2006 for each first line fire truck. • The Fire Department had three CaimsIRIS brand thermal imaging cameras that are no longer being used. These'cameras have been in use with the Fire Department since 1988. These three units whereoffered for sale .in as .is _condition with .the ------ understanding ___.understanding that spare parts may no longer be available for the units. • The City of Frazee Fire Department has offered to purchase the cameras for $50. each for a total of $150. • The City Attorneys office has prepared an agreement for purchase for the Mayor's review. • The Fire Department is recommending approval of the sale of the cameras to Frazee Fire Department for $150. ATTACHMENTS: • Agreement for purchase of Cairns thermal imaging cameras. 2-0 AGREEMENT FOR PURCHASE OF CAIRNS THERMAL IMAGING CAMERAS This AGREEMENT FOR PURCHASE ("Agreement") is made this day of , 2006, by and between the City of Eagan, a Minnesota municipal corporation ("Eagan"), and the City of Frazee, a Minnesota municipal corporation ("Frazee"). Eagan and Frazee are collectively referred to as the "Parties." WHEREAS, Eagan possesses three (3) Cairns Thermal Imaging Cameras ("Cameras"), which it is willing to sell as surplus property pursuant to Minn. Stat. § 471.64; and WHEREAS, Frazee is willing to purchase the Cameras at a price of Fifty and no/100 Dollars ($50.00) per Camera, for a total of One Hundred Fifty and no/100 Dollars ($150.00); and WHEREAS, Eagan concludes $50.00 per Camera is fair value. NOW THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Within 10 days after execution of this Agreement, authorized representatives of Frazee shall pick UP the Cameras at the Eagan City Fire Department, located at 3795 Pilot Knob Road, Eagan, Minnesota 55122. 2. At the time representatives of Frazee pick up the Cameras, they shall deliver to Eagan a check in the amount of $150.00, payable to the City of Eagan. 3. Frazee understands and acknowledges that it purchases these Cameras in "As Is, Where Is" condition. Eagan makes no representations or warranties, express or implied, as to the condition, operability, or fitness for a particular purpose of the Cameras. Frazee hereby indemnifies and holds Eagan harmless against all loss, damage, liability claims, suits, judgments, costs and expenses for reasons of loss of or damage to property and injury to or death of persons in connection with Frazee's use of the Cameras. IN WITNESS WHEREOF, the Parties hereto execute this Agreement by their respective, duly authorized officers by the authority of their respective governing bodies. CITY OF FRAZEE CITY OF EAGAN By: By: Pat Geagan Its: Mayor . Its: Mayor RN Its: City Clerk By: Maria Petersen Its: City Clerk 21 Agenda Information Memo July 18, 2006, Eagan City Council Meeting G. APPROVE A RESOLUTION OUTLINING THE TERMS OF A REVOLVING INTERNAL LOAN IN CONNECTION WITH THE SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NUMBER I ACTION TO BE CONSIDERED: To approve a resolution outlining the terms of a revolving internal loan in connection with the Southeast Eagan Tax Increment Financing District Number 1 FACTS: The City has approved the establishment of the Southeast Eagan Tax Increment Financing District Number 1, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. • The City has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, site improvements/preparation, public utilities, public parking facilities, streets and sidewalks, interest, and administrative expenses, which costs will be financed on a temporary basis from City funds available for such purposes. • Under Minnesota Statutes, Section 469.178, Subdivision 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the qualified costs. • The City annually intends to make payments on the loan to reimburse advances for the qualified costs from tax increments derived from the TIF District in accordance with the terms of the resolution. ATTACHMENTS: . • A co of the resolution is enclosed on pages 25 and copy _ p g ZZ CITY OF EAGAN MINNESOTA RESOLUTION RESOLUTION APPROVING THE TERMS OF A REVOLVING INTERNAL LOAN IN CONNECTION WITH THE SOUTHEAST EAGAN TIF DISTRICT No. 1 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN MINNESOTA ("CITY") AS FOLLOWS: Section 1. Background. 1.01. The City has heretofore approved the establishment of the Southeast Eagan Tax Increment Financing District No. 1, (the "TIF District") within the Southeast Eagan Redevelopment Project Area No. 1 (the "Project"), and has adopted a tax increment financing plan for the purpose of financing certain improvements within, the Project. 1.02. The City has determined to pay for certain eligible expenses identified in the TIF Plan consisting of land/building acquisition, site improvements/preparation, public utilities, public parking facilities, streets and sidewalks, interest, and administrative expenses (collectively, the "Qualified Costs"), which costs will be financed on a temporary basis from City funds available for such purposes. 1.03. Under Minnesota Statutes, Section 469.178, Subdivision 7, the City is authorized to advance or loan -money.from the City's general fund -or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. 1.04. The City annually intends to make payments on the loan to reimburse advances for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "TIF Loan"). Section 2. Terms of TIF Loan. 2.01. The City shall repay to the City fund from which the Qualified Costs are initially paid, annually all Available Tax Increment. The maximum amount that may be outstanding at any point in time is $3,300,000. Interest on the outstanding revolving loan balance shall be calculated each December 31 at the rate of the City's investment earnings, with the rate not to exceed the greatest of (a) the rate specified under Minnesota Statutes, Section 2700.40, or (b) the rate specified under Minnesota Statutes, Section 549.09. 2.02. Payments shall be made in the amount and only to the extent of Available Tax Increment as hereinafter defined is available. 2.03. Payments on this TIF Loan are payable solely from "Available Tax Increment," which shall mean, all of the tax increment generated with respect to the property within the TIF District and remitted to the City by Dakota County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.179. Payments on this TIF Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and 23 are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this TIF Loan are pre- payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this TIF Loan. 2.05. This TIF Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, subdivision 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This TIF Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the. principal of or interest on this TIF Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this TIF Loan or other costs incident hereto. 2.06. The City may amend the terms of this TIF Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3.. Effective Date-. This resolution is.. effective for all Southeast Eagan Tax Increment Financing District No. 1 Redevelopment Area expenditures. Adopted this Motion by: Seconded by: Those in Favor: Those Against: Dated: day of 2006. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, 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 day of , 2006. Maria Petersen, City Clerk 24 Agenda Information Memo July 18, 2006, Eagan City Council Meeting H. APPROVE A PROPOSAL FROM THE STANTON GROUP TO PROVIDE ACTUARIAL SERVICES TO VALUE POST EMPLOYMENT BENEFITS ACTION TO BE CONSIDERED: To approve a proposal from the Stanton Group to provide actuarial services to value post employment benefits. FACTS: • In April and July of 2004, the Governmental Accounting Standards Board (GASB) issued Statements No. 43 and 45, respectively, which provide guidance on financial reporting for Other Post Employment Benefits (OPEB) plans. • OPEB are forms of postemployment benefits not currently provided through a pension plan. It is a form of compensation given in exchange for employee services. The liability in Eagan is limited to postemployment health care benefits, but does include cases where the retired employee pays the full cost of the insurance premium as well as cases where the City continues to pay a portion of the premium. • The City Council has already taken steps to prepare for the new standards by dedicating $1,575,000 from the City's General Fund in 2005 for these future costs, as well as byworking with collective bargaining groups to liinittlie-fiiture liabilitya • GASB Statement No. 45 requires local governments to obtain actuarial valuations for OPEB benefits. • The Stanton Group has provided a proposal to complete the required actuarial services for an amount estimated to be between 10,000 and 15,000 dollars. The services would be paid for through the City's Benefit Accrual Fund. The Stanton Group has provided similar services for other governmental entities. • The City retained the Stanton Group to assist in determining the equivalent hourly rate to replace the post retirement health insurance benefit for Police Officers when the change was successfully negotiated through their contract. • Eagan's official implementation date for the new GASB Statements is December 31, 2007, although early implementation may be considered depending on the timing and outcome of the actuarial work. The actuarial work will begin upon City Council approval of the proposal. ATTACHMENTS: (None) • A copy of the formal Stanton Group proposal is available in the City Administrator's office if any member of the City Council would like to review it in detail. 15. Agenda Information Memo July 18, 2006 Eagan City Council Meeting I. APPOINT JASON ZIEMER, ADMINISTRATIVE INTERN. AS AN ACTIONS TO BE To appoint Jason Ziemer, Administrative Intern, as an alternate to the Minneapolis -St. Paul Airport Noise Oversight Committee (NOC). FACTS: ➢ Jason Ziemer, Administrative Intern, will be coordinating airport duties during the months of August -October 2006 while Assistant to the City Administrator Miller is on maternity leave. ➢ Mr. Ziemer is prepared to attend the bi-monthly Noise Oversight Committee meetings during this time, should he be appointed as one of the City's alternates to the NOC. Agenda Information Memo July 18, 2006 Eagan City Council Meeting J. CLIFF ROAD AT TH 77 & I -35E TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Cliff Road at Trunk Highway 77 (Cedar Avenue) and Interstate 35E with the Minnesota Department of Transportation Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan, Dakota County Transportation Department and Minnesota Department of Transportation (MnDOT) have maintenance and operation agreements on all of the traffic signals within MnDOT right-of-way or interconnected to traffic signals in MnDOT right-of-way. • Traffic control signals currently exist on Cliff Road (County State Aid Highway 32) at the intersections of the entrance and exit ramps for Trunk Highway 77 (Cedar Avenue Freeway) and Interstate 35-E. • Traffic signals _within the City_ of Eagan„typically include the following items: traffic control signals., poles/mast arms, street lights, emergency vehicle pre-emption, street signing, and interconnection to other existing traffic control. • An updated agreement between the City of Eagan, Dakota County Transportation Department and the Minnesota Department of Transportation has been prepared providing for the continued maintenance and operation of the traffic control signals at the aforementioned locations. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. 2.1 Agenda Information Memo July 18, 2006 Eagan City Council Meeting K. TH 149 (WESCOTT ROAD TO TH 55) & HOLIDAY LANE (TH 55 TO COURTHOUSE LANE) NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on both sides of Highway 149 (Wescott Road to Highway 55), and Holiday Lane (Highway 55 to Courthouse Lane) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has approved the upgrade reconstruction of Trunk Highway (TH) 149 (Project 778) as a 4 -lane divided urban roadway between Wescott Road and Trunk Highway 55. • It is desirable for the City to obtain the use of Minnesota Department of Transportation (MnDOT) and Federal funding to reimburse the construction costs of the proposed new street construction. • The proposed design of TH 149 meets the MnDOT standards for an A Minor Arterial (Expander) without on -street parking. • Minnesota Rules Chapter 8820 requires the prohibition of parking on all State highwayswhere parking lanes are. not provided ...... . • Holiday Lane, from Courthouse Lane to Highway 55, is the easterly leg of the TH 55 and TH 149 intersection, an includes left and right turn lanes in both directions. The configuration and use of this portion of Holiday Lane does not accommodate parking, and should be posted accordingly. • Consideration of parking prohibitions in these areas has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page. r YANKEE DOODLE ROAD RD. Proposed No -Parking Area o aaaLocation Map Engineering Department 470-0 7-12-06 q„M"S ',PROPOOSEDED z NO0 -PARKING YANKEE DOODLE ROAD RD. Proposed No -Parking Area o aaaLocation Map Engineering Department 470-0 7-12-06 Agenda Information Memo July 18, 2006 Eagan City Council Meeting L. PROJECT 778, TH 149 UPGRADE WETLAND REPLACEMENT PLAN ACTION TO BE CONSIDERED: Approve the Wetland Replacement Plan for Parcel No. 10-87000-020-00 associated with Project 778 (Trunk Highway 149 - Street Upgrade) and authorize the Water Resources Coordinator to execute all related documents. FACTS: • Project 778 provides for the upgrade of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail, south of Rich Valley Blvd. (Co. Rd. 71). The proposed project upgrades TH 149 to a 4 -lane divided roadway, with an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • On April 5, 2005, the City Council closed the public hearing and approved Project 778. The final plans 'and specifications are nearing completion with MnDOT's anticipated approval. The acquisition of right-of-way and easements from 42 properties is proceeding in anticipation of Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. - - -• - -On-December- -16,_.2004,..-the..City.__Council. approved -the- Wetland. Delineation- report. associated with the construction limits of Project 778. • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGU) is responsible for wetland -related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. The City Council has approval authority for replacement and wetland banking plans. • The off-street trail proposed for the project impacts an existing wetland north of Wescott Road and east of TH 149. The placement of the trail in this location is critical for the continuity of the trail between Opperman Drive and Wescott Road. The wetland proposed to be impacted is a lower quality wetland which would rank in the "General Use" category (lowest priority) in the current draft of the Water Quality Management Plan. • 4,600 square feet of.wetland is proposed to be filled as part of Project 778. Under WCA, 9,200 square feet (0.21 acres) of wetland replacement credit is required to compensate for this impact. The WCA replacement criteria will be met by purchasing new wetland credit from the Board of Water and Soil Resources state bank, Account #1271.0.21 acres of credit will be purchased. ATTACHMENTS: • Site Plan, page - • Aerial View, page �. LIP Imo', `♦ `, � / - -tea.., `.c. 1 I I � \ \ I I T —T-1- ♦ t }•\\ `0 Lt \`\ \� I ``�`` J /�� Consho ion Limits i lj I f l i! 1002 \\ �, i \� I fllf i.liir l I A It Q CY I `\ o `\ ``\\`\ 1 a> /1`♦ :v� �\ a 1 and \ \ I I Ilk ` `\``� \\ ` ; `\ \`. IN \� 1 \ \ $ \ \ \ \R • \ \ \ \ \ \ OW I �1 I 1 I ♦ r i\ `\ Imo, 1\ `\ \\ `�\ \ `♦\.� \`\ \` ; `\` `1 I I I 1 , '1 ` ' `I 1 1` t\ `\ `` ``\ `\`\ ♦fie\ 2 U \\ t \\\♦\• Wetland Impact \ Q?` 4,600 SF (0.106 Ac Q.\� \N\ \, \. i CP J \ / /. \ ti \\c\ \ \ \• \\ \ I Wetland Impact Summary k G. Total Impacts: 4,600 SF 0.106 Ac `\ \\ \ �� ` L9`, Re 'd Mitigation: 9,200 SF 0.21 Ac I To be replaced using BWSR Bank Acct. #1271. \` \ `\ `� \�`�� \ '� `\ ♦ �.,`\ \\`5\021 \` . \\ ,` \\ \ \\ 1\ \\\ \` \` \` 1\ `\\ \� \\ \`` \\ \\ ;`\\+ `\\\\ \\\ ♦` \dam`\ ``♦`\ \ `\ ` \\ \�\ �\ \ .a'`• \ \ Bim\\ ; �� \ ... � �\`` ,.. �` ` `\ \ ` WETLAND IMPACTS FIGURE 3 Ronestroo Rosene Iv CITY OF' EAGAN N 075 Anderlik & Associates TH 149 Reconstruction Scale in feet W ITTE Engineers &Architects i,W,'\WV 1AN11 FalPM0 1!GVPE.S1>WC, WETLAND LOCATION FIGURE 2 0 250 CITY OF EAGAN 4N F, TH 149 Reconstruction V2. Scale in feet 1111 Bonestroo " Rosene KAM Anderlik & T11 Associates Engineers &. Architects Agenda Information Memo July 18, 2006 Eagan City Council Meeting M. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION — CITY PROJECT 04-G ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 04-G (Schwarz Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Schwan Addition is an eight -unit townhome development requiring the installation of public sanitary sewer, water main and. storm sewer, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. I Agenda Information Memo July 18, 2006, Eagan City Council Meeting N. APPROVE OFF -SALE LIQUOR LICENSE FOR K -LIQUOR, INC., DBA K-LIOUOR,1274 LONE OAK ROAD ACTION TO BE CONSIDERED: To approve the off -sale liquor license for K -Liquor, Inc., dba K -Liquor, 1274 Lone Oak Road. FACTS: ➢ Pheap (Peter) Ku has applied for an off -sale liquor license with the City of Eagan. The business will be structured as a corporation. The owner is purchasing the existing K - Liquor. ➢ The change of ownership is scheduled to occur following approval of the license. ➢ All required documents have been submitted. The license should be approved subject to the successful completion of a background check for Pheap Ku. ATTACHMENTS (0): Agenda Information Memo July 18, 2006, Eagan City Council Meeting O. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE SOUTHWEST AREA YMCA ACTION TO BE CONSIDERED: To approve a temporary on -sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. FACTS: ➢ The Southwest Area YMCA has requested a temporary on -sale liquor license be issued to them for the Dine Dakota fundraiser planned for September 16, 2006. Proceeds from the fundraiser will benefit children at risk through the YMCA Compass program. ➢ The Southwest Area YMCA is also asking that the $150.00 license fee be waived. ➢ The license should be approved contingent upon the review and approval of the application by the Police Department. ➢ Following approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (2): ➢ Letter and temporary license procedures enclosed on pages NO through Southwest Area YMCA 550 Opperman Drive Eagan, MN 55123 651456-9622 fax: 651-683-4704 June 20, 2006 Maria Peterson 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Ms. Peterson: I am writing to request a waiver of the $150.00 fee for Temporary On -Sale Liquor License for the City of Eagan. ymudwemsdoPeal NVI —9 11 We are requesting a license for our community fundraiser called Dine Dakota. Proceeds from this event will benefit children at risk through the YMCA Compass program. Dine Dakota is both a local fundraising event and a way to experience cuisine from 20 local restaurants that are donating their food to our event. The fundraiser will take place on September 16, 2006 from 7-10p.m. at the Southwest Area YMCA. Tickets will be sold in advance by YMCA volunteers and staffto members of the local community. The YMCA will be serving wine and sodas only for the event. ....... ..... The YMCA is a communitybased not -for -pro t organiz n and serves pe6p e o 6117 ages, backgrounds, abilities and incomes. The mission of the YMCA is to put Christian principles into practice through programs that build healthy spirit, mind and body for all. Our vision in the community is to build strong kids, strong families and strong communities. Thank you for your consideration. Sincerely, Mary Ekkkson Community Program Director City of Eagan Procedures Temporary Liquor License SITE PLAN A. The Liquor Service will take place INSIDE the Southwest Area YMCA, 550 Opperman Drive, Eagan, MN 55123. The event will be held in our gymnasiums and main floor. B. There will be 3 locations INSIDE the YMCA serving the wine. Two bars in the hallway area, and I bar in the gymnasium. INSURANCE The YMCA will carry liquor liability insurance. Carrier's name and amount of coverage will provided. PUBLIC SAFETY/SECURITY • The YMCA will sell tickets to the event and would be sold to attendees over 21. • Attendees to the event MUST have a ticket to enter the YMCA for the evening. • Tickets are sold in advance. • Upon arrival at the event, YMCA staff will check appropriate I.D.s. • Appropriate signs will be posted at the entrance to the YMCA notifying the sales to -persons under 21. arepKgbft:i�t. -- ----- • Anticipated attendance is 350-400 people. The event is ticket -based. • The YMCA personnel and volunteers will handle all security issues that should arise in an appropriate manner. • The YMCA staff are trained in first aid, CPR and crisis management. • Additional security will be purchased if required. Numbers and names will be submitted if required. • Alcohol will be consumed from 7-10p.m. Saturday, September 16, 2006. Clean up of the event will take place immediately following the event for approximately 1-2 hours. No liquor will be served during that time. • Individuals under 21 in attendance will be clearing tables and cleaning up after the event. The YMCA staff will directly supervise these individuals. • The YMCA will pay any fees incurred to the City for any on -duty Police Officer assigned to the event. • The YMCA will provide an On -Site Manager of the licensed area. t'� Agenda Information Memo July 18, 2006 Eagan City Council Meeting P. Tree Maintenance Contractor License for Catracho's Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Catrocho's Tree Service, 3741 2nd Ave. S., Minneapolis, MN FACTS: • Catracho's Tree Service has applied for a tree maintenance contractor license • All requirements of the application have been met and fees have been paid • Staff has reviewed the application and deem it in order for approval ATTACHMENTS: None. (The application is available for review in the Administration Department.) Agenda Information Memo July 18, 2006 Eagan City Council Meeting Q. CONTRACT 06-02, CITYWIDE STREET & SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 06-02 (Citywide — Street & Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-02 provides for the bituminous overlay of the streets in the Saddlehorn/ Sunset/ Town Centre Drive/ Golfview Drive neighborhoods, the sidewalk and traffic calming improvements of Denmark Avenue, Wescott Road to Duckwood Drive, and the bituminous overlay of Alexander Road and upgrade of Meadowview Road. • Change Order No. 3 provides for the installation of the storm sewer outlet pipe from the newly constructed pond on Old Sibley Memorial Highway, the installation of fiber blanket and hydro -seeding on steep slopes in that pond, and the extension of the contract completion date, not anticipated underthe original contract. • The installation of the storm sewer outlet pipe will provide for proper drainage of the pond within City right-of-way (ADD $11,658). • The installation of the fiber blanket and hydro -seeding will provide for erosion protection on the pond slopes in accordance with City, state and federal erosion control regulations (ADD $4,212). • The extension of the contract completion date is due to unforeseen circumstances encountered which have delayed the. completion. of the contract (1\T0 • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action.. • The change order provides for a cost increase of $15,870 (1.4% of original contract, and 83% of this specific project). 100% of the costs will be financed through the City's Super Storm Mitigation Fund. 3�1 Agenda Information Memo July 18, 2006 Eagan City Council Meeting R. CLIFF LAKE CENTRE EASEMENT AGREEMENT ACTION TO BE CONSIDERED: Approve an Easement Agreement for access to Cliff Lake (Pond AP -11) with the owners of Parcel 10-17780-020-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has a goal to provide public access to a water body with fishing opportunities within one mile of every residential unit. The Pioneer Press Outdoors Editor, Chris Niskanen, dubbed Eagan as the "east metro suburb with the best fishing" in a newspaper article dated April 30, 2006. • City staff has been working with the Department of Natural Resources (DNR) to ensure adequate fish stock in designated fishing lakes and ponds. DNR staff.will only stock fish in lakes that meet their requirements, obligating the City of Eagan to ensure the following: adequate oxygen levels in the water and boat/public access to each water body. Aeration in the winter and weed removal in the summer are methods to address oxygen levels based upon monitoring. completed by staff. Public and boat access is typically constructed by staff on public. property, usually within a park. • - In order -to -achieve -the City's goal for -reasonable -access to fishing lakes for -all of. its. residents, access to lakes not associated with a city park must be considered. In order to comply with the DNR requirements, acquisition of permanent easements from private properties may be needed to insure the required public access. • Cliff Lake (Pond AP -11), between Target and 1-3 5E, has been selected as a desirable fishing lake. However, there is currently no public access to Cliff Lake. Access opportunities do exist at the rear of the Cliff Lake Centre (1960 Cliff Lake Road) shopping mall, near the rear of Cub Foods. • Water Quality staff has communicated with representatives of the property owner, Inland Real Estate Corporation, about the desire for access to the lake. The property owner has consented to provide the required easement at no cost to the City of Eagan. • An agreement between the City of Eagan and the owners of Parcel 10-17780-020-01, Lot 2, Block 1 Cliff Lake Centre, has been prepared providing for the acquisition of the necessary easement. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. • The construction of the boat access would be coordinated by Water Quality staff and funded out of the Council approved Water Quality (Dept 65) budget. ATTACHMENTS: Site Plan, page . • . Pictometry View, page �� \\`\ `h. $, �,�♦ �o /mac / \\ �'"` =` tom• � � / �y / p o Y Or \ �(/'-mss \� --•�\ \ ��\ �� \ \ • �\\ ,9016 � N IS\ y\ _.._ . _ _..... ,� I � �. I � I yo sl�l�t � � �• 94 Ito I �• w \ SO'/6'0"W PLAT.:::i:icn• .:I ::S0°45' "W 40.44\ i i .1p rno ` Agenda Information Memo July 18, 2006, Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 938, NICOLS ROAD - SIDEWALK IMPROVEMENTS (PIN OAK DRIVE TO CLIFF ROAD) ACTION TO BE CONSIDERED: Approve OR Deny Project 938 (Nicols Road, Pin Oak Drive to Cliff Road — Sidewalk Improvements) with Alternate `A' OR Alternate `B' and authorize the preparation of detailed plans and specifications. FACTS: • On September 6, 2005, City staff received a petition containing 17 signatures representing 11 properties along Nicols Road, requesting sidewalk improvements, along the east boulevard of Nicols Road from Pin Oak Drive to Cliff Road. • After reviewing the petition, staff requested that the petitioners collect signatures from additional property owners along the east side of Nicols Road who would be impacted by the construction of a sidewalk. The requested information was received from the petitioner on September 28, 2005. • On October 18, 2005, the City Council received the petition and authorized the preparation of a feasibility report by the City Engineer for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road). • A. draft Feasibility Report was received by the Council on May 2, 2006 and a Public Hearing was scheduled for Tuesday, June 6, 2006. • An informational neighborhood meeting was held on May 30, 2006 to discuss the proposed improvements. Of the 16 total properties (7 business/office and 9 residential) adjacent this improvement, one property owner attended the informational meeting. No representatives of the four properties proposed to be assessed attended the information meeting. q!...... _The..Public__Hearing_wm opened_ on June 6, 2006. After receiving public comment and Council discussion, the Council consensus was to continue consideration of the sidewalk improvements to July 18, 2006. This would allow time to include an option for construction of the sidewalk along the east side of Nichols Road. • An informational neighborhood meeting was held on July 10, 2006 to discuss the proposed improvements and the revised project scope. Of the 16 total properties (7 business/office and 9 residential) adjacent this improvement, two property owners representing one property attended the informational meeting. No representatives of the properties proposed to be assessed attended the information meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of the continuation of this public hearing. ISSUES • The revised feasibility report contains two (2) Alternates for the Council's consideration and direction. Alternate `A' was presented at the June 6, 2006 Public Hearing and provides for the construction of a 6 -foot wide concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Nancy Circle, and along the west side of Nicols Road, from Nancy Circle to Cliff Road (CSAH 32). Alternate `B' also provides for the construction of a 6 -foot wide concrete sidewalk, but the proposed location is along the east side of Nicols Road from Pin Oak Drive to Cliff Road (CSAH 32). ATTACHMENTS: • Feasibility Report (Revised), pagesAthrough7o . • Minutes of Informational Meetings, pages I I h;ough.15. '� City of Eaan Report for Nicols Road Sidewalk Improvements City Project No. 938 Eagan, Minnesota July 14, 2006 July 14, 2006 Pat Geagan Honorable Mayor and City Council City of Eagan MAYOR 3830 Pilot Knob Road Eagan, MN 55122 Peggy Carlson Cyndee Fields Re: Nicols Road Mike Maguire Sidewalk Improvements Meg Tilley City Project No. 938 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges Attached is our revised report for the Nicols Road- Sidewalk Improvements, City Project CITY ADMINISTRATOR No. 938. The revised report presents and discusses the proposed improvements and includes a cost estimate, revenue sources and schedule. It also contains an alternate scope as requested at the June 6, 2006 regular council meeting. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, 3830 Pilo# Knob Road Eagan, MN 55122-1810 651.675.5000 phone Timothy J. Plath, PE, PTOE 651.675.5012 fax Transportation Engineer 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly MAINTENANCE FACILITY Licensed Professional Engineer under 3501 Coachman Point the laws of the State of Eagan, MN 55122 Minnesota. 651.675.5300,phone �!� e�;� 651.675.5360 fax ,44 Timothy J. Plath 651.454.8535 TDD Date: 7 4 Reg. No.42024 www.cityofeagan.com Reviewed By: Department o ublic W ks Date: Reviewe y: f THE LONE OAK TREE The symbol of ll strength and growth Finance Dept. Date: in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page 1.0 Introduction/Project History.......................................................................................... I 2.0 Scope................................................................................................................................ 2 3.0 Feasibility and Recommendations................................................................................ 2 4.0 Proposed Improvements................................................................................................ 3 4.1. Concrete Sidewalk.' .................................................................................................... 3 4.2. Roadway Narrowing.................................................................................................. 4 4.3. ADA Compliant Pedestrian Curb Ramps................................................................ 4 4.4. Proposed Crossing Location...................................................................................... 5 4.5. Modular Block Retaining Wall ................................................................................. 5 4.6. Driveway Replacements............................................................................................. 6 _ _ .. _ ._.,..... ____5.0 - Easements/Permits ..........................................................................:............................... 7 - 6.0 Cost Estimate....................:............................................................................................. 7 7.0 Assessments...................................................................................................................... 8 8.0 Assessment Financing Options....................................................................................... 8 9.0 Revenue Source............................................................................................................... 9 10.0 Project Schedule...........................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures -1 -2.1 -2.2 -3.1 and 3.2 -4.1 and 4.2 -5 Location Map Proposed Typical Section- Alternate `A' Proposed Typical Section- Alternate `B' Proposed Improvements and Assessment Map- Alternate `A' Proposed Improvements and Assessment Map- Alternate `B' Standard Plate 440 q(0 July 2006 Project 938 Sidewalk Improvements Nicols Road - Eagan, Minnesota 1.0 Introduction/Proiect History This project consists of constructing a concrete sidewalk along Nicols Roadfrom Pin Oak Drive to Cliff Road (CSAH 32). Nicols Road is a two-lane, undivided minor collector roadway located in the southwest portion of Eagan, as shown in Figure 1. The project was initiated in response to a petition containing 17 signatures, representing 11 properties, which requests sidewalk improvements along the east boulevard of Nicols Road from Pin Oak Drive to Cliff Road. After reviewing the petition, City staff _._._._ _ requested that the petitioners collect signatures from additional property owners along the east side of Nicols Road who would be impacted by the construction of a sidewalk. The requested information was received from the petitioners on September 28, 2005. On December 13, 2004, the City Council approved the Community Transportation Trail System Policy for staff implementation. The policy states that proposed trail segments should be evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in mind proper fiscal responsibility. The policy also states that its guidelines should be used as a general method to rank all future trail segments to be constructed as public improvements. In reviewing the proposed trail segment, the trail policy evaluation indicated a medium to high ranking. The requested segment of sidewalk is not included in the City's Transportation Trail System. The proposed sidewalk was initially anticipated to be constructed on the east side of Nicols Road. Letters were sent to adjacent property owners on the east side of Nicols Road seeking their comments on this potential sidewalk location. After identifying the Page 1 impacts of the proposed construction and discussions with impacted property owners on the east side of Nicols Road, it was determined that an analysis of the impacts of constructing the sidewalk on the west. side of Nicols Road should be completed. 'Letters were sent to adjacent property owners on the west side of Nicols Road as well as those individuals who signed the original petition seeking their comments on this revised location of the proposed sidewalk. Once again, feedback was received from impacted property owners on the west side of Nicols Road. Initially, the resultant recommendation was to construct a segment of the sidewalk on the east side of Nicols Road (from Pin Oak Drive to Nancy Circle) and a segment of the sidewalk on the west side of Nicols Road (from Nancy Circle to Cliff Road) to reduce the impacts to adjacent properties and provide better crossing opportunities for pedestrians and bicyclists using. the proposed sidewalk. This recommendation was presented to the City Council on June 6, 2006. The Council continued the public hearing to July 18, 2006 and directed staff to provide an alternate scope which accommodates the construction of the sidewalk entirely on the east side of Nicols Road. . 2.0 Scope This project provides for the following improvements: ■ Construction of a 6 -foot wide, off-street concrete sidewalk. (Alternates `A' and B) ■ Construction of a modular -block retaining wall adjacent to 4625 and 4635 Nicols Road with an average height of 3 -feet. (Alternate `A') ■ Reconstruction of existing driveways. (Alternates `A' and `B') ■ Reconstruction of a small portion of the existing parking lot at Wendy's restaurant. (Alternate `A') ■ Replacement of existing, non-compliant ADA pedestrian ramps around the Nicols Road/Cliff Road intersection. (Alternates `A' and `B') 3.0 Feasibility and Recommendations This project is necessary to provide for safe pedestrian and vehicle movement along Nicols Road. Page u2 —t v This project is cost-effective in that the sidewalk and associated improvements will be constructed as a whole instead of in portions by individual contracts. It is recommended that these improvements be combined with other similar improvements within the City to encourage additional cost saving due to the benefit of scale. 4.0 Proposed Improvements This project consists of constructing a concrete sidewalk along Nicols Road from Pin Oak Drive to Cliff Road (CSAR 32). Two alternates are presented. for consideration. Alternate `A' provides for the construction of a 6 -foot wide concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Nancy Circle, and along the west side of Nicols Road, from Nancy Circle to Cliff Road (CSAH 32). A proposed typical section is presented in Figure 2.1 and a plan view and assessment map for this alternate is presented in Figures 3.1 and 3.2. This alternate was presented to the City Council on June 6, 2006. Alternate `B' also provides for the construction of a 6 -foot wide concrete sidewalk, but the proposed location is along the east side of Nicols Road. from Pin Oak Drive to Cliff Road (CSAR 32). This alternate also includes narrowing a segment of the east side of Nicols Road to accommodate the sidewalk construction. A proposed typical section is presented in Figure 2.2 and a plan view and assessment map for Alternate `B' is presented in Figures 4.1 and 4.2. 4.1. Concrete Sidewalk The proposed 6 -foot wide concrete sidewalk will supplement the safety lanes within the existing roadway and provide multiple options for cyclists and pedestrians. The feasibility of constructing an 8 -foot, multi -use bituminous trail in lieu of a 6 -foot, concrete sidewalk was analyzed. An 8 -foot bituminous trail would provide a larger, facility that could more easily be shared by pedestrians, bicyclists and other recreational and transportation users. However, the wider trail section would result in a reduced boulevard width (4 -foot) and an increased retaining wall height along. 4625 and 4635. Page 3 Nicols Road. Therefore, the construction of an 8 -foot bituminous trail section'is not feasible. 4.2. Roadway Narrowing Alternate `B' includes narrowing a segment of the east side of Nicols Road to minimize impacts on adjacent properties from the proposed sidewalk construction. The proposed narrowing will provide for a continuous 6 -foot boulevard and 6 -foot concrete sidewalk while avoiding the need to remove existing trees and the construction of a modular block retaining wall. 4.3. ADA Compliant Pedestrian Curb Ramps Recent revisions to the . Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including adjacent sidewalk improvements. The most common method of providing this detectable warning is through the instal ation of truncated domes, -a minimum of two. feet in length across the width of all pedestrian ramps. This project provides for the installation of seven (7) truncated dome pedestrian ramps on the bituminous paths and concrete sidewalks at the roadways within the project area. The ADA requirements also extend to the accessibility of pedestrian push buttons at traffic signal systems. Currently, the pedestrian push buttons at Cliff Road (CSAH 32) and Nicols Road are not ADA accessible due to the presence of barrier curb and substandard median islands which do not provide enough area for refuge. This issue was discussed with Dakota County due to the need for the County's approval of and desired financial participation in any improvements made within the County road right of way. The conclusion of these discussions was that a complete intersection reconstruction was required to safely and adequately resolve the ADA accessibility issue. The cost and scope of this type of improvement requires it to be programmed in both agencies Capital Improvement Plans. The timeline for the reconstruction of the Cliff Road/Nicols Road Page 4 intersection may be driven by Bus Rapid Transit (BRT) service improvements to the adjacent Cedar Avenue corridor. The City and Dakota County will continue to determine the appropriate timing of improvements to this intersection as the BRT improvements to the Cedar Avenue corridor move into the final design stage. Therefore, only pedestrian ramp improvements to the southwest quadrant are proposed at this time. 4.4. Proposed Crossing Location The proposed crossing location for pedestrian and bicyclists using the proposed sidewalk, with Alternate `A', is on the north side of the Nancy Circle and Nicols Road intersection. This location is preferred over the Pin Oak Drive and Nicols Road intersection because of the existing private driveways currently located in the desired pedestrian curb ramp location. Locating the crossing at Nancy Circle also avoids conflicts with another existing paved driveway area as well as a native prairie grass planting area and the proposed sidewalk. This proposed crossing location was studied to determine if crosswalk protection devices (i.e. pavement markings, signing, etc.) are warranted in accordance with the City of Eagan Pedestrian Crosswalk Policy. For purposes of the review, the intersection is considered to be uncontrolled, along a minor collector roadway, and street lighting is present at the proposed crossing location. Adequate sight distance is available and the location of the proposed crossing provides connectivity . of the sidewalk system. Adequate gaps are currently available in the vehicular traffic to provide enough opportunities for pedestrians to cross the roadway without the aid of a crosswalk. Therefore, no crosswalk protection devices are warranted at this location with Alternate No new crossings are required with Alternate `B'. 4.5. Modular Block Retaining Wall Construction of a modular block retaining wall is required, with Alternate `A', adjacent to 4625 and 4635 Nicols Road due to the significant elevation difference between the proposed sidewalk and existing ground at the right-of-way line. The average height of Page 5 51 the retaining wall is approximately 3 feet and the maximum height is anticipated to be 4 feet. No retaining walls are anticipated with Alternate `B'. 4.6. Driveway Replacements Constructing the proposed sidewalk in the locations proposed in Alternate `A' will require reconstructing the existing driveways on the west side of Nicols Road and a portion of the parking lot at Wendy's restaurant. Reconstructing the driveways and portions of the existing parking lot will provide for acceptable grades on the driveways and reduce the height of the proposed modular block retaining wall. Additionally, ADA requirements allow a maximum 2% cross slope on the sidewalk. This requirement also applies to the sidewalk as it crosses entrances/driveways. The existing slope on the entrance to the Wendy's Restaurant is greater than 11 %. In addition to constructing a concrete entrance apron, this entrance will be regraded to provide an ADA -compliant cross slope in the sidewalk. It is standard practice for the concrete sidewalk to continue through entrances/driveways in order to provide a consistent walking and/or riding surface for the sidewalk users. Therefore, existing bituminous entrances will be reconstructed with 7" -thick concrete entrance aprons in accordance with Eagan Standard Detail 440, as shown in Figure 5. A total of three (3) driveways will be reconstructed with Alternate `A'. All three (3) driveways are currently bituminous commercial entrances. All three (3) commercial entrances will be reconstructed with concrete under Alternate `A'. Alternate `B' will also require the reconstruction of three (3) driveways. One (1) driveway currently serves a residential property. The remaining two (2) driveways serve commercial properties. One (1) of the commercial entrances is bituminous while the other is concrete. Therefore, one commercial entrance will be reconstructed with, concrete under Alternate `B'. Page 6 52-- 5.0 Easements/Permits Temporary construction easements will be required from one (1) parcel along the length of the project, with Alternate `A', as shown in the following table: The total area of proposed temporary easement acquisition is approximately 1,500 square feet and estimated costs for the purchase of the temporary easement ($1,000) has been included in the project cost estimate. No temporary easements are anticipated with Alternate `B'. It is anticipated that a Permit For Work Within The County Highway Right Of Way will - be -required- from -the Dakota County Transportation--Department-for- work- with the -Cliff - -- - Road (CSAH 32) right-of-way. It is anticipated that the fees for this permit will be waived by Dakota County. 6.0 Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2006 construction costs and includes a 5% contingency and indirect costs of 30%, which include. legal, administration, engineering, and bond interest. Alternate `A' • Sidewalk Construction .$114,100 • Driveway Replacement $ 24.600 TOTAL ESTIMATED PROJECT COSTS $138,700 Page 7' 53 Estimated Temporary PID No. Address Easements . ft. 10-22100-010-01 4615 Nicols Road (Wendy's) 1,500 Total 1,500 The total area of proposed temporary easement acquisition is approximately 1,500 square feet and estimated costs for the purchase of the temporary easement ($1,000) has been included in the project cost estimate. No temporary easements are anticipated with Alternate `B'. It is anticipated that a Permit For Work Within The County Highway Right Of Way will - be -required- from -the Dakota County Transportation--Department-for- work- with the -Cliff - -- - Road (CSAH 32) right-of-way. It is anticipated that the fees for this permit will be waived by Dakota County. 6.0 Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2006 construction costs and includes a 5% contingency and indirect costs of 30%, which include. legal, administration, engineering, and bond interest. Alternate `A' • Sidewalk Construction .$114,100 • Driveway Replacement $ 24.600 TOTAL ESTIMATED PROJECT COSTS $138,700 Page 7' 53 Alternate `B' • Sidewalk Construction/Roadway Narrowing $100,400 • Driveway Replacement $ 8,600 TOTAL ESTIMATED PROJECT COSTS $109,000 7.0 Assessments According to the City's Special Assessment Policy., costs associated with the construction of sidewalks/trails adjacent to minor collector roadways in residential areas are paid by the City. Therefore, no assessments are proposed to be levied against the benefiting residential parcels for the proposed sidewalk improvements. However, assessments for existing bituminous commercial driveway aprons reconstructed with concrete are proposed to be levied against the benefited properties with costs allocated in accordance with the City of Eagan's Special Assessment Policy. Replacement of the existing bituminous driveway aprons with concrete provides commercial entrances of adequate strength and is consistent with similar past projects in commercial/industrial areas throughout the City. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. Sidewalk Improvements Driveway Replacement City Special Assessment Policy Assessment Ratio Property City 0% 100% 100% 0% 8.0 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 will be spread over ten years with the interest determined by the results of the bond sale used to finance the improvements. For example, a total assessment = $8,600 will result in the following payment schedule based on an estimated 6.0% interest for the assessed amounts: Page 8 5q I Principal PerYear , Interest Per Year ; Cost Per Year First Year $860 $516 $1,376 Tenth Year $860 [— $52 ! $912 —� I 9.0 Revenue Source Alternate `A' Under Alternate `A', the City's Major Street Fund will finance the estimated project deficit of $114,100 (82.3% of total). Alternate -`B'--- -- Estimated Propelly Work Item Project Cost Assessment City Contribution Sidewalk Construction Estimated Pro e $100,400 Work Item Project Cost Assessment City Contribution Sidewalk Construction $114,100 $0 $114,100 Driveway Replacement $24,600 $24,600 $0 TOTAL PROJECT COST $138,700 $24,600 $114,100 Under Alternate `A', the City's Major Street Fund will finance the estimated project deficit of $114,100 (82.3% of total). Alternate -`B'--- -- Estimated Propelly Work Item Project Cost Assessment City Contribution Sidewalk Construction $100,400 $0 $100,400 Driveway Replacement $8,600 $8,600 $0 TOTAL PROJECT COST $109,000 $8,600 .$100,400 Under Alternate `B', the City's Major Street Fund will finance the estimated project deficit of $100,400 (92.1 % of total). This project is not included in the 5 -year Capital Improvement Plan (CIP). Page 9 65 10.0 Proiect Schedule ■ Present Draft Feasibility Report to City Council/ OrderPublic Hearing............................................................................ May 2, 2006 ■ Public Hearing (Continued)................................................................. July 18, 2006 ■ Approve Plans and Specifications........................................................ August 2006 ■ Award Contract............................................................................... September 2006 ■ Begin Construction........................................................................ September 2006 ■ Project Completion........................................................................October 31, 2006 ■ Final Cost Report ..............................................................................November 2006 Page. 10 APPENDIX A Preliminary Cost Estimate Appendix A Nicols Road Sidewalk Improvements City Project No. 938 Preliminary Cost Estimate- Alternate `A' Item No. Item Unit Est. Qty, Unit Price Est. Cost SIDEWALK CONSTRUCTION $ 900 Subtotal $18,900 + 30% Indirect Costs L 2021.501 Mobilization LS 1 $5,000 $ 5,000 2104.501 Remove Concrete Curb and Gutter LF 300 $4.50 $ 1,350 2104.505 Remove Concrete Valley Gutter SY 80 $14.00 $ 1,120 2104.505 Remove Bituminous Pavement SY 340 $3.00 $ 1,020 2104.602 Salvage and Reinstall Light EA 1 $5,000 $5,000 2105.501 Common Excavation Cy 340 $17.00 $ 5,780 2211.501 6" AggreLate Base, Cl. 5 100% Crushed TON 120 $20.00 $ 2,400 2350.503 2" Bituminous Mixture for Parking Lot SY 135 $60.00 $ 8,100 2350.505 Bituminous Mixture for Patching TON 15 $125.00 $ 1,875 2411.618 Modular Block Retaining Wall- Non-Reinf. SF 400 $25.00 $10,000 2503.541 12" RCP Sewer, Cl. 5, Des 3006 LF 38 $30.00 $ 1,140 2506.501 Construct Drainage Structure Type C LF 8 $350.00 $ 2,800 2506.603 Reconstruct Manhole LF '18 $350.00 $ 6,300 2521.501 4" Concrete Walk SF 6,780 $3.00 $20,340 2521.602 Pedestrian Ramps w/ Truncated Domes EA 7 $150.00 $ 1,050 2531.501 Concrete Curb and Gutter, B612 LF 135 $14.00 $ 1,890 -2531-.501 Concrete Curb -and Gutter, B618 __..... _ _ _. _ _.._.LF__.. _..135_. _ . _.___ ...._$-1-4.00 -__...._.$-1-;890- 2531.604 7" Concrete Valley Gutter SY 40 $43.00 $ 1,720 2563.601 Traffic Control LS 1 $1,000.00 $ 1,000 2575.505 Sod and 4" Topsoil SY 755 $5.00 $ 3,775 Subtotal $83,600 + 5% Contin encies $ 4,200 Subtotal $ 87,800 + 30% Indirect Costs $ 26,300 ESTIMATED SIDEWALK CONTR UCTION COSTS $114,100 DRIVEWAY REPLACEMENT TO BE ASSESSED 2531.507 7" Concrete Driveway Pavement SY 200 $90.00 $18,000 Subtotal $18,000 + 5% Contingencies $ 900 Subtotal $18,900 + 30% Indirect Costs L $ 5,700 ESTIMATED DRIVEWAYREPLACEMENT COSTS $ 24,600 TOTAL ESTIMATED PROJECT COSTS -ALTERNATE A' $138,700 Appendix A (continued) Nicols Road Sidewalk Improvements City Project No. 938 Preliminary Cost Estimate- Alternate `B' Item No. Item Unit Est. Qty. Unit'Price Est. Cost SIDEWALK CONSTRUCTION $ 300 Subtotal $ 6,600 + 30% Indirect Costs 2021.501 Mobilization LS 1 $5,000 $ 5,000 2104.501 Remove Concrete Curb and Gutter LF 940 $4.50 $ 4,230 2104.505 Remove Concrete VaHey Gutter SY 16 $15.00 $ 240 2104.505 Remove Bituminous Pavement SY 505 $3.00 $ 1,515 2104.505 Remove Bituminous Driveway Pavement SY 115 $4.00 $ 460 2104.505 Remove Concrete Driveway Pavement SY 130 $10.00 $ 1,300 2104.509 Remove Concrete Apron EA 1 $250.00 $ 250 2104.509 Remove Catch Basin or Manhole EA 1 $500.00 $ 500 2105.501 Common Excavation CY 180 $17.00 $ 3,060 2105.523 Common Borrow C CY 240 $10.00 $ 2,400 2211.501 6" Aggw ate Base, Cl. 5 100% Crushed TON 85 $20.00 $ 1,700 2350.505 Bituminous Mixture for Patching TON 20 $125.00 $ 2,500 2503.603 15" HDPE Pipe Sewer LF 16 $20.00 $ 320 2506.501 Construct Drainage Structure Type C or N LF 10 $350.00 $ 3,500 2506.602 Connect to Existing Storm Sewer EA 2 $1,500.00 $ 3,000 2521.501 4" Concrete Walk SF 7,410 $3.00 $22,230:,. 2521:602 Pedestrian Ram --s w/ Trmeated Domes _ .._..EA 6 $150.00 _ . $ 900 2531.501 Concrete Curb and Gutter, B618 LF 680 $14.00 $ 9,520 2531.507 7" Concrete Driveway Pavement SY 86 $90.00 $ 7,740 2563.601 Traffic Control LS 1 $1,000.00 $ 1,000 2575.505 Sod and 4" Topsoil SY 420 $5.00 $ 2,100 Subtotal $73,500 + 5% Contingencies $ 3,700 Subtotal $77,20 0 + 30% Indirect Costs $ 23,200 ESTIMATED SIDEWALK CONTRUCTION COSTS $100,400 DRIVEWAY REPLACEMENT TO BE ASSESSED 2531.507 7' Concrete Driveway Pavement SY 70 $90.00 $ 6,300 Subtotal $ 6,300 + 5% Contingencies $ 300 Subtotal $ 6,600 + 30% Indirect Costs $ 2,000 ESTIMATED DRIVEWAYREPLACEMENT COSTS $ 8,600 TOTAL ESTIMATED PROTECT COSTS ALTERNATE `B' $109,000 59 APPENDIX B Preliminary Assessment Roll no Alternate `A' Alternate `B' Appendix B Nicols Road Sidewalk Improvements City Project No. 938 Preliminary Assessment Roll Address PIN Driveway Assessment 4655 Nicols Road 10-16930-030-01 $2,265 4651 Nicols Road 10-16930-020-01 $2,435 4635 Nicols Road 10-16930-010-01 $3,500 4625 Nicols Road 1.0-22100-020-01 $8,200 4615 Nicols Road 10-22100-010-61 $8,200 TOTAL ASSESSMENT- ALT. `A' $ 24,600 Address PIN Driveway Assessment 2140 Cliff Road 10-26900-010-01 $8,600 TOTAL ASSESSMENT- ALT. `B' $8,600 APPENDIX C Figure 1- Location Map Figure 2.1- Proposed Typical Section (Alternate `A') Figure 2.2- Proposed Typical Section (Alternate `B') Figures 3.1 and 3.2- Proposed Improvements and Assessment Map- Alternate `A' Figures 4.1 and 4.2- Proposed Improvements and Assessment Map- Alternate `B' Figure 5- Standard Plate 440 l �o BELL RD. II W W tL SHALE LN. Q rr�� .,, .... ____.. WEll _... U g Project Location CLIFF ROAD J P�� I 0 COMNGTON W Y Q U Y Lu Z CC9 O � APPLE VALLEY "to - �� / 'J I DIFFLEY OSeasibility Reports2006\Pro' 937 Nicols Road\Location Map 4-27-06 Nicols Road ( Pin Oak Dr. - Cliff RoadAMA- ) fllt- Of Eap Sidewalk Improvements Fig. 1 Engineering Department Location Map - Project 938 I1`-3 MqX VARIES 6' VARIES SIDEWALK (6'-67 VARIES 2% (2% TO 1:4) MODULAR BLOCK -.RETAINING-WALL @ 4625 & 4635 (3 FT MAX HT) (16'-26') (16'-26') VARIES 6' 6' SIDEWALK VARIES (2% TO 1:4) 2% 4" CONCRETE SIDEWALK (MIX TYPE 3A32) 4" AGG. BASE, CL. 5 (100% CRUSHED) PROPOSED SIDEWALK CONSTRUCTION NOTE: SIDEWALK ON RIGHT SIDE FROM PIN OAK DRIVE TO NANCY CIRCLE ONLY. G:Feosibilit Re orts2006 Proj928 Nicols Rood Sidewalk LONE_OAK_DR_TYP_SECT2.dwo 6-2-06 Nicols Road ( Pin Oak Dr. - Cliff Road) *City of Eap Sidewalk Improvements- Project 938 Fig. 2.1 Engineering Department tQ Alternate'A' EX. EX. R/W R/W VARIES _ _ VARIES _ I VARIES (16'-26') (14'-26') PROPOSED B618 CONC. — CURB&GUTTER (33'-50') ROADWAY NARROWING VARIES (0'-101 6' 6' VARIES SIDEWALK 4--W VARIES VARIES (2% TO 1:4) (2%) REMOVE EX. CONC. I CURB & GUTTER 4" CONCRETE SIDEWALK (MIX TYPE 3A32) 4" AGG. BASE, CL. 5 PROPOSED SIDEWALK CONSTRUCTION G:Feosibilit Re orts2006 Pro'928 Nicols Rood Sidewalk NICOLS_SDWK_ALT_TYP.dw Nicols Road ( Pin Oak Dr. - Cliff Road) qWwCiti Of Ean Sidewalk Improvements- Project 938 Fig. 2.2 Engineering Department Alternate'B� 44 1 . I 4687 4677 4681 4691 4695 CONST. PEDESTRIAN J RAMP O — REMOVE CURB & GUTTER U FD z Im fOO M NICOLS ROAD O O Y 4" CONC. SIDEWALK U O U n.' Z " 4690 � I I 4680 4665 4651 4635 4655 INSTALL MODULAR BLOCK RETAINING WALL J 4 RELOCATE POLE . (BY OTHERS) O Z RELOCATE LIGHTPOLE io (BY OTHERS) io INSTALL 7" CONC. d DRIVEWAY APRON O m Q W C', CONST. PEDESTRIAN RAMP REMOVE CURB & GUTTER 4670 � PROPERTIES TO BE ASSESSED City of Eakan Engineering Department �EXHIBITBx1 1A Nicols Road ( Pin Oak Dr. - Cliff Road Sidewalk Improvements- Project 938 Alternate 'A' CASPER'S SII 46. INSTALL T' CONC. —/ DRIVEWAY APRON I I N M Fig. 3.1 I 4635 CASPER'S SIRLOIN ROOM WEi M 4625 4E CD FL INSTALL MODULAR BLOCK \ w RETAINING WALL W O \ .....� !.:' ] .'ii. y.!; :•R :. ••fi:; k.. ikN: r ,. .�. yyLr.J �;°vY. ..L.y,.,.�:.iy:;.:..i'•}'. fi'�.�r�a..N r:i :' F•�d. 't...•! ' J,!•.i t:. S,.wV° .3 SWn: '1.R '.S'i.A :',L :'iwiJ.. '•:•M, �': yyT:D 1:,�i:r r:a.. �.. t .h 4" CONC. SIDEWALK ie zo 7" CONC. INSTALL 7" CONC. INSTALL iD DRIVEWAY APRON N I CO LS ROA DRIVEWAY APRON d J Z CD CONST. PEDESTRIAN J U.1 RAMP REMOVE CURB & GUTTER U 111 rn ,PROPERTIES TO Q 2140 BEASSESSED DOOLITTLES EMOVEA REPLACE..___.... . _ .. ._ _. ._. .... , .. CONNECT TO EX. BITUMINOUS TRAIL BITUMINOUS SURFACE SPER'S SIRLOIN ROOM WENDY'S 4625 4615 r ■� � �a���s�o��� �������s�—'wee■ O s,i•A'•rh . O �' ,r".%ve ,a. .e�a^r :.{;::•r.'. :i' ..d;¢�:i•'.ji... :x: "w-"• u.;,. a, 0 s4>+!r' O INSTALL 7" CONC. LU DRIVEWAY APRON 'o NICOLS ROAD u_ m u_ Q = LU U W J ONST. P D 5 IAN 2140 REM EU tB & GUTTER DOOLITTLES PROPER I T BE ASS S E i G:Feasibilit Re orts2006\Pro'938 NICOLS ROAD SIDEWALK\EXHIBITBx17B 4-27-06 Nicols Road ( Pin Oak Dr. - Cliff Road ) qJWCity of Ean Sidewalk Improvements- Project 93,8 Fig. 3:2 Alternate 'AI 0 Engineering Department 4691 K95 4687 4681 4677 t N M (O 4" CONC. SIDEWALK 4690 � 1 o a RAMP CONST. PEDESTRIAN 1 REMOVE CURB & GUTTER U U Z Q Z 4680 Re orts2006\Pro•928NicolsRoodSidewolk ALT_EXHIBITBx71A Nicols Road ( Pin Oak Dr. - Cliff Road ) City Of Eagan, Sidewalk Improvements- Project 938 n9 Department Alternate'B' _ .._ _ -.-. _.. ___ _.._ .4655. _ _ . _ _. - 46.51 _ . _ - . 4665. (n " O 0- U O ch Z — W G w LL4o, REPLACE EXISTING CONC. �O DRIVEWAY APRON �O m 4" CONC. SIDEWALK Q WUJ CONST. PEDESTRIAN O RAMP — — REMOVE CURB & GUTTER 4680 4670 .4640 Re orts2006\Pro•928NicolsRoodSidewolk ALT_EXHIBITBx71A Nicols Road ( Pin Oak Dr. - Cliff Road ) City Of Eagan, Sidewalk Improvements- Project 938 n9 Department Alternate'B' 4651 4635 CASPER'S SIRLOIN ROOM 4625 M 0 ElO w w w m 13 W � fnio 'O M RELOCATE CB REPLACE EXISTING CONC. &O 4" CONC. SIDEWALK DRIVEWAY APRON s.: .� 1 yeti; .•.y :. f Y G Aw INSTALL 7" CONC. ••••••••••••• •• •• ••••• •••• DRIVEWAY APRON 2140 Ll z 4640 CONST. PEDESTRIAN (D J = RAMP — — — REMOVE CURB & GUTTER • • • • PROPERTIES TO BE ASSESSED CASPER'S SIRLOIN ROOM WENDY'S .. 4615 0 Q — O W a c� LO NI CO LS ROADEXTEND 0 Q 4" CONC. SIDEWALK STORM EWER! INSTALL LUINSTALL 7" CONC. CATCHBASIN UJ DRIVEWAY APRON 2140 U) z DOOL117LES J CONST. PEDESTRIAN U 0 AMP Q GUTTER — REMOVE CURB & • • • • PROPERTIES TO BE ASSESSED G:Feasibilit Re orts2006 Pro•936 NICOLS ROAD SIDEWALK\ALT_EXHIBIT8x11B 4-27-06 Nicols Road ( Pin Oak Dr. - Cliff Road ) City Of Eap Sidewalk Improvements- Project 938 Fig. 4.2 Alternate13' Engineering Department SLOPE 3/4" PER FT. •: E -A .. it d v •,, e d v • II • v v NOT 7" MINIMUM THICKNESS REQUIRED ON ENTIRE APRON, SUITABLE GRANULAR SUBGRADE OR CL. 5 (100% COMPACTION) EXCAVATE SUBGRADE TO ACCOMODATE 7" THICKNESS AT FLOW LINE SECTION A -A G:DETAIL PLATES/E"O REVISED STANDARD COMMERCIAL & INDUSTRIAL PLATE C' 0f Ea Ila 3/05 440 CONCRETE ENTRANCES Engineering Department FIGURE 5 MAXIMUM 8' TRANSVERSE JOINT BETWEEN JOINTS_ A J '... Min, ,_ _ 25 Min. Rad. 66 Curb a d 'a dv , v . ., •. v • a �4, a v.. 12,_6., a vd. v ..4 v CONTRACTION JOINT EXPANSION JOINT A (TYP.) 1. WHERE NEW DRIVEWAYS ARE TO BE ADDED 3. CONTRACTION JOINT PATTERN TO BE ACROSS EXISTING C&G, REMOVE EXISTING DETERMINED BY ENGINEER. C&G AND REPOUR INTEGRAL WITH THE CONCRETE ENTRANCE. 4. REQUIRED MIX DESIGNATION = 3A32 2. CONCRETE APRON REQUIRED FOR ALL ENTRANCES. P LAN G:DETAIL PLATES/E"O REVISED STANDARD COMMERCIAL & INDUSTRIAL PLATE C' 0f Ea Ila 3/05 440 CONCRETE ENTRANCES Engineering Department FIGURE 5 INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 938, NICOLS ROAD SIDEWALK (PIN OAK DR TO CLIFF RD) MAY 30, 2006, 6:30 P.M. Attendance: Tim Plath, Transportation Engineer; 1 person representing 1 property. A. Comments Received at the Neighborhood Meeting • Ms. Rachel Gorton (lead petitioner) attended. Her comments of support for the proposed project were emailed to the City Council on June 1, 2006 and are attached to these minutes. B. Comments Received Outside of the Neighborhood Meeting • Ms. Jean Cheskis, owner's representative 4655 Nicols Road, called on Tuesday, May 30, 2006 to express her opposition to the project and the proposed assessments. She feels it is not fair for the desires of a small group to cause her to pay a special assessment. • Mr. Ilya Cheskis, owner's representative 4651 Nicols Road, called on Tuesday, May 30, 2006 to express his opposition to the project and the proposed assessments. He feels it is not fair for the desires of a small group to cause him to pay a special assessment. • Mr. Rick Casper, owner's representative 4625 Nicols Road, appeared at City Hall on June 1, 2006 to express his opposition to the proposed project for the following reasons: --- __ 1. The location of the proposed sidewalk is on the west side of Nicols Road at Cliff Road while the MVTA bus stop is located on the east side of Nicols Road at Cliff Road. 2. The location of the proposed sidewalk is on the west side of Nicols Road at Cliff Road while the existing trail on the north side of Cliff Road is located on the east side of Nicols Road. 3. General safety concerns with the grade of the existing driveways adjacent to the proposed sidewalk on the' west side of Nicols Road and proposing the sidewalk on two sides of the road creating a street crossing for pedestrians. • Ms. Jean Cheskis, owner's representative 4655 Nicols Road, appeared at City Hall on June 2, 2006 to inquire on the special assessment methodology and to reaffirm her opposition to the project and the proposed assessments. Attachment \\Eacity\engineer$\Feasibility Reports\Feasibility Reports 2006\Proj 938 Nicols Road Sidewalk\Proj 938 NH Mtg Minutes.doc -71 Page 1 of 1 Tim Plath From: Rachel Gorton [rachel@gortons.net] Sent: Wednesday, May 31, 2006 11:18 PM To: City Council Cc: Tim Plath Subject: Project 938 - Nichols Road, Pin Oak Drive to Cliff Road I am writing today in support of the proposed sidewalk addition on Nichols Road between Pin Oak Drive and Cliff Road. I have lived in this neighborhood for almost seven years and have seen an increase in the pedestrian and bicycling traffic along Nichols Road as well as the increase in houses, businesses and thus, motorized traffic. After complaining with neighbors about the dangerous conditions, I started a petition to have a sidewalk installed. With the addition of the newer homes on the West side of Nichols Road, the road has become more residential despite its designation as a minor collector. Many children live adjacent to the road, school bus stops for both ISD191 and ISD196 are located on Nichols Road and many people walk, jog and ride bicycles to the schools, businesses and parks in the area. Traffic is unfortunately too fast yet strollers, bikes and wheelchairs don't lend themselves to tramping across the neighbors lawn. So,, we are left with an unsafe and unpleasant situation. The addition of the sidewalk would create a safe path for residents to walk, push and ride — to the neighboring businesses, restaurants, schools and parks. Although I will unfortunately be out of town for the City Council meeting on Tuesday, June 6t', I encourage you to approve this project. This would be a valuable and safe improvement for the residents and employees who live and work in our neighborhood. Thank You, Rachel Gorton 7/13/2006 INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 938, NICOLS ROAD SIDEWALK (PIN OAK DR TO CLIFF RD) JULY 10, 2006,6:30 P.M. Attendance: Tim Plath, Transportation Engineer; 2 property owners representing 1 property. A. Comments Received at the Neighborhood Meeting • Mr. and Mrs. Ellsworth Schwandt, 4670 Nicols Road, attended. Their comments were related to maintenance and snow removal for the proposed sidewalk improvements. A letter stating their concerns and the City's response are attached to these minutes. B. Comments Received Outside of the Neighborhood Meeting • Ms. Jean Cheskis, owner's representative 4655 Nicols Road, appeared at City Hall on June 7, 2006 requesting an update on the Council action the previous evening. • . Mr. Ellsworth Schwandt, 4670 Nicols Road, called on July 5, 2006 requesting more details on the revised project scope and location of the proposed sidewalk. City staff met with Mr. Schwandt at his residence and provided paint markings on the ground to indicate the location of the proposed sidewalk and further discussed the details of the revised project scope. Mr. Schwandt - - - questioned who is responsible for maintenance and- snow removal for the. proposed sidewalk. • Dr. Doug Bauer, DDS, Oak Cliff Dental Care, 4640 Nicols Road, was contacted on July 10, 2006 to discuss the revised project scope and location of the proposed sidewalk. Dr. Bauer's main concern was minimizing impacts to the trees on his property. • Mr. John Sheehan, Chief Operating Officer, Doolittles Woodfire Grill, 2140 Cliff Road, was contacted on July 10, 2006 to discuss the revised project scope, location of the proposed sidewalk, and proposed special assessment. Mr. Sheehan did not indicate his support or objection to the project during the course of this conversation. Attachments MacitylengineerMasibility ReportsTeasibility Reports 2006\Proj 938 Nicols Road SidewalkTroj 938 07-10 NH Mtg Minutes.doc JUL 10 2006 ENUNN ENGINEERING DEPARTMENT July 7,2006 Tmothy Plath Transportation Engineer Ellsworth and Pearl Schwandt 4670 Nicols Road Eagan, MN 55122 Dear Timothy, Subject: Sidewalk project on Nicols Road. As residents of Eagan, at 4670 Nicols Road, for 48 years, we would like to know who will be responsible for the maintence of the proposed sidewalk, such as snow and ice removal? Sincerely, Ellsworth and Pearl Schwandt 74 Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cltyofeagen.com THE LONE OAK TREE The symbol of strength and growth in our community. July 13, 2006 Mr. and Mrs. Ellsworth Schwandt 4670 Nicols Road Eagan, MN 55122 RE: Nicols Road Sidewalk Improvements City Project No. 938 Dear Mr. and Mrs. Schwandt: Thank you for your letter seeking clarification on maintenance and snow removal responsibilities for the proposed sidewalk along Nicols Road. The City of Eagan is responsible for ongoing maintenance of the proposed sidewalk. Such maintenance would include repairs to cracks and replacement of failed panels. This maintenance work is accomplished during overlays and/or street reconstruction which generally occur at 20 -year intervals. The City encourages adjacent property owners to remove snow from sidewalks, but does not have an ordinance which requires adjacent property owners to do so. A winter sidewalk/trail maintenance program has been adopted by the City which provides for the removal of snow from sidewalks and trails. The Council annually considers additional segments for this program in April. Requests for including this segment of sidewalk in the winter maintenance program should be addressed to: Mr. Tom Struve, Superintendent of Streets and Equipment, City of Eagan Maintenance Facility, 3501 Coachman Point, Eagan, MN 55122. Feel free to contact me at 651.675.5643 or tylath@cilyofeagan.com if you have any questions or need additional information. Sincerely, Timothy J. Plath, PE, PTOE Transportation Engineer cc: Russ Matthys, City Engineer Tom Struve, Supt. of Streets and Equipment Plath\'06UAmrs\schwandt07l3O6.doe 75 Agenda Information Memo July 18, 2006 Eagan City Council Meeting B. PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT ACTION TO BE CONSIDERED: Option 1) Approve Project 858 (Sibley Terminal Industrial Park — Storm Sewer Improvement) with one of the following Alternatives (NOTE: Council to select appropriate alternative): a) Alternative #2, (Install storm sewer adjacent to existing) and authorize the acquisition of right-of-way and easements through quick -take Eminent Domain, if necessary; AND/OR; c) Alternative #4, (Bulkhead 30" culvert, improve ditch, & construct pond) and authorize the acquisition of the pond easement for the appraisal estimate; and authorize the preparation of detailed plans and specifications for a contract to be let within 2 years; OR Option 2) Deny Project 858. FACTS: • On September 17, 2001, the City Council authorized the preparation of a feasibility report identifying the _..scope, cost,. financing and schedule of storm„ sewer improvements for the drainage area near Trunk Highway 13 and Terminal Drive in northwest Eagan. The Council authorization was in response to a petition from the property owner at 3220 Terminal Drive expressing drainage concerns. • The drainage concerns involve the discharge of overland flow from a 25 acre residential, area through a 30" unrestricted culvert under TH 13 onto the petitioner's property. The discharge impacts an existing parking lot and an undeveloped parcel. • On March 4, 2002, the Public Hearing for Project 858 was held. After the presentation of the feasibility and discussion from the affected property owner, the City Council continued consideration of Project 858 until April 16, 2002. • On April 16, 2002, the City Council again continued consideration of the project indefinitely directing staff to pursue Alternate #4 (originally estimated to be the cheapest of the four options) and investigate cost participation opportunities with MnDOT and easement acquisition costs. with the impacted property owners for future reconsideration by the Council. • MnDOT has indicated that they are not willing to provide any financial contributions to this alternative beyond removing their existing ditch block within the TH 13 right-of-way. The monetary value of this contribution is insignificant to the cost of the overall project. • A preliminary appraisal was also obtained for the upstream ponding easement required as a part of this Alternate. The estimated cost of the easement is $141,600. While the property owner has indicated he would consent to such an offer, this alternative no longer appears to be the least expensive. Agenda Information Memo July 18, 2,006 Eagan City Council Meeting B. PROJECT 858, SIBLEY TERNIFNAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT (cont) • The construction costs for the various alternatives in the Feasibility Study have been updated for construction in 2006. The updated estimate indicates the construction of Alternative 2 is now approximately $65,000 less than Alternative 4 if required temporary construction and permanent easements are obtained at no cost from the benefiting property owner. • Alternative 4 has the increased benefit of improving the quality of the storm water being discharged downstream to the Minnesota River. This is accomplished in two ways: 1) The direct drainage area to the existing pond in Terminal Drive will be reduced, resulting in a reduced runoff rate. This will increase the detention time in the basin improving pollutant removal efficiencies. 2) The pond proposed in Alternative No. 4 should provide additional treatment to National.Urban Runoff Protection (NURP) recommendations prior to discharge under TH 13. • The drainage concerns expressed by the original petitioner remain and he is awaiting a Council decision on some type of drainage improvement. • Any of the 4 storm sewer improvement alternatives included in the feasibility report will appropriately connect the 25 acre residential area (McRae & Letendre Additions) to the trunk storm sewer system in District C. All of these properties have previously paid their trunk storm sewer assessments. • All. noticeshave-been published- in. the --legal- newspaper and sent to. allaffected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pagesl8 throu • Updated Cost Estimates, pages/-&- I I17. 77 Terminal Drive Storm, Water Improvements City Project No. 858 Prepared for the City of Eagan January 30, 2002 B Date EAGAN ENGINEERING DEPr - -__-__i___________________ WS174150 Olson Memorial highway, Suite 300, Minneapolis, MN 55422 phone: 763-5414800 fag: 763-541-1700 & Associates, Inc. TERMINAL DRIVE STORM WATER IMPROVEMENT CITYPROJECT NO. 858 FEASIBILITYSTUDY FOR THE _ _ ........__CI_TY.OF_EAGAN January 30, 2002 Prepared by: WSB & Associates, Inc. 4150 Olson Memorial Highway, #300 Minneapolis, MN 55422 (763) 541-4800 (763) 541-1700 (fax) Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 i r t j�WSB & '-vociates.Inc. January 30, 2002 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Terminal Drive Storm Water Improvement Feasibility Study WSB Project No. 1380-05 Dear Mayor and City Council: We are pleased to present you with the Terminal Drive Storm Water Improvement Feasibility Study. L This study discusses the alternatives available to resolve the storm water concerns 'V,q 10 S "1 addressed by Global Equity. Partners in their petition to the City of Eagan. This report± contains a description of each alternative, an opinion of cost, and recommendations for construction and financing options available to fund the recommended improvements. `j I would be happy to discuss this report with you at your convenience. Please don't hesitate to .contact me at (763) 287-7182 if you have any questions regarding this report.. WSB & Associates, Ina Todd E. Hubmer, P.E. Project Manager c: Dave Hutton, WSB 4 a 415Q Olsofij;`' Terminal Drive Storm Water Feasibility Study �hJ City of Eagan V WSB Project No. 1380-051 Minneapolis • St. Cloud • Equal Opportunity Employer CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. Todd E. Hubmer, P Date: January 30, 2002 Lic. No. 24043 Terminal Drive Storm Water Feasibility Study City of Eagan, WSB Project No. 1380-051 TABLE OF CONTENTS TITLE SHEET CERTIFICATION TABLE OF CONTENTS EXECUTIVE SUMMARY I. INTRODUCTION.................................................................................................. 1 II. BACKGROUND INFORMATION....................................................................... 1 III. PROCEDURES AND METHODS......................................................................... 7 IV. ALTERNATIVES..............................................................................:.....................8 A. Alternative No. 1............................................................................................. 8 B. Alternative No. 2............................................................................................. 8 C. Alternative No. 3...................................................................I.......................... 9 D. Alternative No. 4............................................................................................. 9 V. RECOMMENDATIONS...................................................................................... 10 VI. FINANCING OPTIONS....................................................................................... 11 A. Direct Assessments........................................................ ................................ B. Trunk Assessments ............................................. :........................................... 11 C. Cooperative Agreement with Mn/DOT.......................................................... 11 D. Stone Water Trunk Fund.............................................................................. 12 ..VII._... _Revenue, Source ...................................................................................................... 12-,.-, _._. _ _ _.. VIII. Project Schedule.................................................................................................... 13 APPENDIXA................................................................................................................... 14 Figures.......................................................................................................................14 ProjectLocation Map.................................................................................................... 15 APPENDIXB ........ :......................... ................................................................................. 20 Preliminary Opinion of Cost......................................................................................... 20 Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 January 2002 Terminal Drive Storm Water Improvement Feasibility Study City Project No. 858 Eagan, Minnesota EXECUTIVE SUMMARY The City of Eagan retained WSB & Associates to prepare a feasibility study for the Terminal Drive Industrial Park. This study has been completed at the request of the City in response to a petition received from Global Equity Partners, LLC (GEP), a land owner in the Terminal Drive Industrial Park. The storm water runoff from approximately 25 -acres of residential area lying on the east side of Trunk Highway (TH) 13 discharges to the west through an existing 30" corrugated metal pipe (CMP) culvert just south of the intersection of Terminal Drive and onto GEP properties. Four improvement alternatives are presented in this study. Alternative 1. Convey the storm water runoff passing through the 30 -inch corrugated metal pipe culvert through GEP property to the existing storm sewer system located at the low point of Terminal Drive. Replace the existing Terminal Drive storm sewer systerri with a combination of 30 -inch and 42 in reinforced concrete (RC) pipes. Alternative 2. Similar to Alternative 1, but instead of replacing the Terminal drive storm sewer system, install a new parallel storm sewer system. Alternative 3. Convey runoff from the 30 -inch culvert crossing TH 13 to the low point of Terminal Drive and construct a storm water pond on. GEP property. Alternative 4. Bulkhead the 30 -inch culvert crossing TH13, and convey storm water flows north in the ditch along TH 13 to a new storm pond to be located east of TH 13 at Alexander Road. It is proposed that Alternative 4 be constructed. The cost to complete the improvements is between $210,000 and $235,000. The proposed improvements may be financed through direct assessments, trunk storm water fee assessments, storm water trunk fund, or possibly a Minnesota Department of Transportation (MnDOT) cooperative agreement. This project is feasible, necessary and cost effective from an engineering standpoint and should be constructed as- proposed. Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 I. INTRODUCTION The Terminal Drive Storm Water Improvement Feasibility Study is being completed by the City of Eagan in response to a petition received from Global Equity Partners, LLC (GEP). Global Equity Partners owns a parcel of property located in the southwest quadrant of the intersection of Terminal Drive and Trunk Highway (TH) 13 in the City of Eagan. This petition requested the City of Eagan to investigate alternatives available to accommodate storm water runoff from. approximately 25 acres of residential property passing under TH 13 and onto their parcel. The project area corresponds to the approximate watersheds of C=16 and C-4 of the City of Eagan's Surface Water Management Plan. The total drainage area tributary to the low point on Terminal Road is approximately 41.7 acres. The project area can be seen in Appendix A. The City of Eagan authorized WSB & Associates, Inc. to prepare a feasibility report in November of 2001. The purpose of this feasibility study is to evaluate the impact of storm water passing under TH 13 onto GEP property and to identify alternatives available for conveying this storm water runoff to the Minnesota River. This feasibility study. identifies four alternatives,_ ....... ...... II. BACKGROUND INFORMATION To complete the feasibility study, background information regarding the drainage area and the storm sewer system serving the Terminal Drive industrial parcels was evaluated. This evaluation was based on the following information: ■ Two -foot (2') topographical mapping of the study area provided by the City of Eagan, ■ Aerial photographs of the study area provided by Metropolitan Council, ■ Land Use. Guide for the City of Eagan dated January 1987, provided by the City of Eagan, ■ Terminal Drive street improvement plans prepared by BRAA, dated March 9, 1970, ■ Terminal Drive storm sewer improvement plans prepared by Bonestroo, Rosene, Anderlik & Associates (BRAA), dated June 5, 1990, ■ Field observation and photographs of the site. Terminal Drive Storm Water feasibility Study Page 1 City of Eagan WSB Project No. 1380-051 Based on our review of the information provided, the following observations in regard to the parcel in question are made: ■ The drainage area tributary to the TH 13 culvert crossing is approximately 25 acres. The land use within this watershed is residential and nearly .fully developed, with the exception of about 5 acres. ■ , The TH 13 culvert crossing consists of a 30 -inch corrugated metal pipe and a small ditch block in the TH 13 east ditch (see Picture.1 on page 3). ■ Water directed under TH 13 flows overland through a poorly defined channel on GEP property to the storm sewer located in the low point of Terminal Drive (see Picture 2 on page 3). ■ Storm sewer from the low point on Terminal Drive conveys water to the west and into an existing storm water pond (Pond CP-8)located just east of the railroad tracks at the base of the bluff line (see Picture 3 on page 4). Water from this pond then proceeds under the railroad tracks into the Minnesota River. The existing Terminal Drive storm water conveyance system is shown in the project location map of Appendix A. _ ._ . ■ _....During intense -rainfall -events; water -flows to the north over the ditch block east of TH 13, overtopping the driveway for Richfield Blacktop, and into a ravine located north of Alexander Road (see Pictures 4, 5 and 7 on pages 4, 5, and 6). There is an existing 36 -inch CM pipe culvert crossing TH 13 just north of Alexander Road, which conveys overland flow from the east across TH 13 where it connects to the existing storm sewer system in Alexander Drive. This system conveys water to the west into a large pond (Pond CP -9) adjacent to the Minnesota River (see Picture 6 on page 5). This background information was used in developing the alternatives presented within this report. Terminal Drive Storm Water Feasibility Study Page 2 City of Eagan WSB Project No. 1380-051 6 � T/r • - h WIN G��x "- - .. a`C n',.6it`�....�.i.- .. _xSc,...,�nc ;*"'c ,4� Picture 3: Parking Lot of 3209 Terminal Drive where existing Terminal Drive storm sewer conveys water to a pond located at the base of the bluff and east of the railroad tracks; facing west Picture 4: Ditch flowing north along east side of TH 13 at Richfield Blacktop driveway entrance; facing north Terminal Drive Storm Water Feasibility Study Page 4 City of Eagan WSB Project No. 1380-051 �`� Picture 5: Entrance to drop structure located in east ditch of "1'H 13. '1'his culvert carnes water from the ditch to the bottom of the ravine; facing north Picture 6: Entrance to 36 -inch CMP culvert crossing TH 13 just north or the intersection with Alexander Road; facing west Terminal Drive Storm Water Feasibility Study Page 5 Cityof Eagan WS WSB Project No. 1380-051 Picture 7: Ravine located in east quadrant of TH 13 at Alexander Road. Potential site for storm water pond described in Alternative 4; facing southeast Terminal Drive Storm Water Feasibility Study Page 6 City of Eagan /f) WSB Project No. 1380-051 8 III. PROCEDURES AND METHODS A hydrologic/hydraulic model with the trade name HydroCAD was used to evaluate the existing drainage conditions of the site. This model was also used to evaluate the alternatives presented within this report. The City of Eagan's existing storm sewer system is designed to accommodate a 5 - year storm event. The 5 -year storm eventis approximately 3.6 inches of rainfall in a 24-hour period with an SCS TYPE -II distribution. The 100 -year, 24-hour storm event, which is approximately 6 inches of rainfall in 24 -hours was also analyzed. The results of the HydroCAD modeling for the existing condition and the alternatives are presented in Appendix C. Based on the hydrologic/hydraulic review, the following comments are made: ■ Storm water runoff from the east side of TH 13 is directed through the 30 -inch corrugated metal pipe through the use of a ditch block located in the east ditch on the north side of the culvert. ■ During the 100=year storm event; approximately'47 cubic feet per second (cfs) flows north along the east side of TH 13, and approximately 33 cfs flows west through the 30 -inch corrugated metal pipe onto the GEP property. ■ During the 5 -year storm event, approximately 3.3 cfs flows north along the east side of TH 13, and an approximately 28 cfs flows west through the 30 - inch corrugated metal pipe and onto the GEP property. ■ The existing high water elevation at the low point in Terminal Drive forthe 5 - year event is approximately 770.96 feet. ■ The 100 -year high water elevation in the low point of Terminal Drive for the 100 -year storm event is approximately 772.82 in the existing conditions. ■ Each of the alternatives presented in this report provide 100 -year flood protection to elevation 772.0 at the low point of Terminal Drive. Terminal Drive Storm Water Feasibility Study Page 7 City of Eagan WSB Project No. 1380-051 IV. ALTERNATIVES Four alternatives were developed to accommodate the storm water runoff, which discharges onto the GEP parcel and into the Terminal Drive storm sewer system. A. Alternative No. 1 Convey the storm water runoff passing through the 30 -inch corrugated metal pipe culvert through GEP to the existing storm sewer system located at the low point of Terminal Drive. To provide 100 -year flood protection to the adjacent parcels, the capacity of the Terminal Drive storm sewer system will need to be increased. This alternative consists of the following: ■ Install 30 -inch RCP from the culvert crossing of TH 13 through GEP to the low point in Terminal Drive. ■ Replace the existing 24 -inch crossing under Terminal Drive with a. 30 -inch RCP. ■ - --Replace the existing 30 -inch -RCF with a 42 -inch RCP from the low point of Terminal Drive to Pond CP -8 located east of the railroad tracks. This alternative is shown in Figure Y of Appendix A. The estimated cost to complete this alternative is approximately $427,573. A breakdown of these costs is provided in Appendix B. B. Alternative No. 2 This alternative varies from Alternative No. 1 by constructing a new 27 -inch RC pipe parallel to the existing pipe from the low point of Terminal Drive to Pond CP -8 located east of the railroad. This alternative can be seen in Figure 2 of Appendix A. The estimated cost to construct this alternative is approximately $242,308. A breakdown of these costs is provided in Appendix B.' Terminal Drive Storm Water Feasibility Study Page 8 City of Eagan WSB Project No. 1380-059 C. Alternative No. 3 Construct storm water ponding within the Terminal Drive industrial area in order to reduce the storm water discharge rate into the existing storm sewer system. It is anticipated that approximately 3.8 acre-feet of storm water storage is required within the GEP parcel to limit the 100 -year high water elevation to approximately 772.0 feet at the low point of Terminal Drive. This alternative is shown in Figure 3 of Appendix A, and the estimated cost to construct this alternative is approximately $299,960 - $319,960. A breakdown of these costs is provided in Appendix B. D. Alternative No. 4 This alternative considers the removal of the ditch block along the east side of TH 13 and the bulkheading of the existing 30 -inch CMP culvert crossing. This alternative, would convey storm water runoff from the 25 -acre residential area north along. TH 13 to the culvert crossing located approximately 1,000 feet north. Water would then be conveyed northwest through the existing culvert crossing and to the Minnesota River. This alternative considers the following improvements: ■ Remove the ditch block located east of TH 13. ■ Bulkhead the existing 30 -inch corrugated metal pipe culvert crossing. ■ Replace the existing culvert crossing under Terminal Drive with a 42 -inch RC pipe. ■ Construct a storm water pond east of TH 13 at Alexander Road. This pond would discharge into the existing storm sewer system crossing TH 13. The discharge rates from this pond will be limited to the existing condition discharge rates from the east ditch of TH 13. This pond will also provide treatment of storm water runoff from the tributary drainage area. This alternative can be seen in Figure 4 in Appendix A, and the estimated cost to construct this alternative is approximately $207,100 — $232,100. A breakdown of these costs is provided in Appendix B. Terminal Drive Storm Water Feasibility Study Page 9 City of Eagan /3 -*7 WS8 Project No. 1380-051 V. RECOMMENDATIONS All the options presented within this feasibility study provide adequate flood protection to the low point on Terminal Drive and address the issues of the storm water currently being discharged under TH 13 onto the parcels of GEP. Alternatives No. 1 and No. 2 consider the replacement of the storm sewer system downstream of Terminal Drive to the existing storm water treatment pond (Pond CP -8) located just to the east of the railroad tracks. Construction of either of these alternatives would significantly impact the operations at the current commercial parcel located at 3209 Terminal Drive, as the new storm sewer would be constructed through the parking lot of this parcel as shown in Picture 3 on page 4. Alternative No. 3 proposes to use approximately 1.0 acre of developable land from the GEP parcel to construct the storm water detention pond. Alternative No. 4 is the least expensive alternative presented in this feasibility , study with an opinion of probable cost of $207,000 to $232,000. This alternative proposes to redirect the drainage, which currently discharges onto the GEP Parcel into the east ditch of TH 13, and into a proposed storm water rate control and treatment pond. Based on our review of the alternatives it is our recommendation that Alternative No. 4 be considered for construction based on the following: ■ Least disruptive to existing businesses within the Terminal Drive, Industrial Park. ■ Allows for the full development and utilization of land in the Terminal Drive Industrial Park. ■ It is the least costly of the four alternatives presented within this report. ■ This ponding area may be expanded by Mn/DOT in the future to accommodate a future expansion of TH 13. ■ This alternative routes all storm water drainage away from the GEP parcel effectively eliminating the concerns contained in the petition filed by GEP to the City of Eagan. Should the City of Eagan desire to proceed with alternative No. 4 it is our recommendation,that the easementacquisition of a proposed ponding area be acquired prior to a bidding the project. Land acquisition is the biggest unknown in the cost opinion provided in this report. Not letting the contract before acquiring the easements, allows the city the opportunity of exploring a different alternative if easement negotiations cannot be reached for reasonable costs. Terminal Drive Storm Wafer Feasibility Study Page 10 City of Eagan WSS Project No. 1380-051 J VI. FINANCING OPTIONS The financial options discussed in this section of the study are available for each of the four alternatives. However, we will focus specifically on Alternative No. 4. Funding options available to the City of Eagan are as follows: A. Direct Assessments Special assessments of the properties located within the drainage area tributary to the proposed pond east of TH 13 at Alexander Street would be difficult to sustain on a benefit basis. Due to the interest in the proposed improvements by the petitioner, it is proposed that the GEP parcels be assessed for the improvements. This assessment should be by an agreement between the City of Eagan and GEP, which allows GEP to fully develop their parcel. Currently, development of the GEP parcel would require additional ponding or an assessment to construct storm sewer improvements to accommodate this development. The existing storm water drainage, which enters the GEP parcel, is the historical drainage pattern in the -- project area. Jt is typical that downstream -property owners must -perpetuate -.. existing drainage patterns through their property at their expense. Based on this observation, GEP should contribute to the construction of any system which would benefit their parcel by directing the drainage elsewhere. B. Trunk Assessments Properties tributary to the proposed drainage improvements in the City are routinely assessed trunk storm sewer fees. The two GEP parcels directly benefited .by the proposed improvements have previously been assessed for the trunk storm sewer. C. Cooperative Agreement with Mn/DOT Several acres of TH 13 currently drain to the proposed ponding location. This project proposes to provide storm water treatment andrate control to this existing drainage prior to being discharged into the City's storm sewer system and downstream to the Minnesota River. Should Mn/DOT plan to upgrade TH 13 in the future, they may be required to provide rate control and treatment of storm water runoff from the right-of-way areas prior to discharging into adjacent waterways. Therefore, Mn/DOT maybe interested in entering into a cooperative Terminal Drive Storm Water Feasibility Study Page 11 City of Eagan WSB Project No. 1380-051 agreement to participate in the construction of this pond. This is a prime location for Mn/DOT to direct drainage from any future improvements of TH 13. A Mn/DOT permit will be required to complete the proposed improvements within TH 13 Right -of -Way. Q. Storm Water Trunk Fund The City may choose to fund a portion or the project in its entirety from the storm water utility fund. The Feasibility Study for Project 858, Terminal Drive Storm Water Improvements, addresses the issues associated with the concerns of the petition presented to the City of Eagan by Global Equity Partners, Inc. We believe that this project is necessary upon development of the GEP parcel and that is feasible to construct the improvements contained within this report. V11. Revenue Source A summary of revenue sources is listed below: Property City. Project Cost Assessment Contribution Storm Water Improvements $232,000 $232,000 $0 Total $232,000 $232,000 This assessment is anticipated to be applied as shown in Table 1: Table 1: Proposed Storm Water Assessments — Project 858 Assessable Proaerties PIN Address Areas . ft.) I Assessment 106805001002 3210 TERMINAL DRIVE 95,048 $79,422 106805002002 3220 TERMINAL DRIVE 182,604 $152,584 Total 277.651 5232.006 TOTAL ASSESSMENTS = $232,006 $0 Terminal Drive Storm Wafer Feasibility Study Page 12 City ofEagan P WS8 Project No. 1380-051 VIII. Project Schedule Present Feasibility Report to City Council/Order Public Hearing February 5, 2002 Meeting with Property Owner................................................................February 27, 2002 Public Hearing (Approve/Deny Project).......................................................March 4, 2002 If Project 858 is Approved: Easement Acquisition...................................................................................... July 5, 2002 Approve Plans and Specifications.............................................................. August 6, 2002 AwardContract...................................................................................... September 3, 2002 Project Completion.............................................................................. November 15, 2002 FinalCost Report .......................:............................................. .......December 2002 .. Final Assessment Hearing................................................................................. Spring 2003 First Payment Due with Property Tax Statement ..........................................May 15, 2004 Terminal Drive Storm Water Feasibility Study Page 13 City of Eagan WSB Protect No. 1380-051 "/(�' APPENDIX A ..Figures.._........ _ .. . Terminal Drive Storm Water Feasibility Study Page 14 City of Eagan WSS Project No. 1380-051 Project Location Map Terminal Drive Storm Water Feasibility Study Page 15 City of Eagan WSS Project No. 1380-051 1 ■ Figure 1 Alternative 1 Terminal Drive Storm Water Feasibility Study l Page 16 City of Eagan WSB Project No. 1380-05.1 Figure 2 _.. Alternative 2 - Terminal Drive Storm Water Feasibility Study Page 17 City of Eagan WSB Project No. 1380-051 xz� S:y" y ira �sRA'?'tn T ,� ,y 9 ah.3 1 ..y.., -r. t r s "i a �' •:` �. �'Q, wtt r .�cw ronk o�0�Y��39���'�' r: s� 3 G{� w ttyy y[a' Z3 .. r e 3d ttnty, C� { k e r - �3 Y "Pis. ." >r i 1 r_ Y �V h�f*T; �Qltl g C Q�� 1-X YA Legend ." Rr7 r �a Subwatershed Boundary Structure Bee Hive Manhole Vained Grate WF P�� Existing StormImprovement New Pipe I,i�k'Y Replace Old Pipe i fOK1.JV C.MGIV 1 H1— I GMIrh A IV 1_- W+ . o i6a 300 Figure 3 Alternative 3 Terminal Drive Storm Water Feasibility Study Page 18 City of Eagan / WSS Project. No. 1380-051 -ill r-AkLZ/AIN MWATFR 0 Figure 4 Alternative 4 Terminal Drive Storm Water Feasibility Study Page 19 CityWS Project WS 8 Protect No. 1380-051 (// APPENDIX B PreliminaryOpinion o os -t Terminal Drive Storm Water Feasibility Study/��q Page 20 City of Eagan /(C8 WSB Project No. 1380-051 APPENDIX B ENGINEER'S OPINION OF COST TERMINAL DRIVE STORM WATER FEASIBILITY STUDY CITY OF EAGAN WSB PROJECT NO. 1380-05 ALTERNATIVE 1 - REPLACE EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $4.00 $532.00 3 CURB REMOVAL LIN. FT. 40 $2.10 $84.00 4 REMOVE RCP's (24'1 LIN. FT. 60 $6.50 $390.00 5 PARKING LOT REMOVAL SQ. YD. 2,000 $4.00 $8,000.00 6 REMOVE RCP's (30'1 LIN. FT. 1,052 $6.50 $6,838.00 7 REMOVE MANHOLES EACH 9 $1,200.00 $10,800.00 8 30" RCP LIN. FT. 852 $50:00 $42,600.00 9 42" RCP LIN. FT. 1,052 $85.00 $89,420.00 10 1 CONSTRUCT 54' MANHOLE LIN. FT. 5.0 $270.00 $1,350.00 11 ICONSTRUCT 66' MANHOLE LIN. FT. 60.0 $280.00 $16,800.00 12 CONSTRUCT 72' MANHOLE LIN. FT. 8.0 $290.00 $2,320.00 13 CONSTRUCT 78' MANHOLE LIN. FT. 15.0 $300.00 $4,500.00 14 INSTALL CURB & GUTTER LIN. FT. 40 $8.00 $320.00 15 REPLACE ROAD SECTION SQ. YD.. 133 $42.00 $5,586.00 16 IREPLACE PARKING LOT SQ. YD. 2,000 $42.00 $84,000.00 17 - RESTORATION / SOD / SEED SQ. YD._ ._ ... 8,400.... _ .... _...$.3.00 .. __ _ .._ _425,200..00 18 INSTALLATION OF CATCH BASIN EACH '` 3 $1,500.00 $4,500.00 SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS1 $313,240.00 $15,662.00 $328,902.00 $98,671.00 TOTAL ALTERNATIVE 1 $427,573.00 w 0 ALTERNATIVE 2 - INSTALL STORM SEWERS ADJACENT TO EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $4.00 $532.00 3 CURB REMOVAL LIN. FT. 40 $2.10 $84.00 4 REMOVE RCP's (24") LIN. FT. 60 $4.00 $240.00 5 REMOVE MANHOLES EACH 3 $1•,200.00 $3,600.00 6 PARKING LOT REMOVAL SQ. YD. 2,000 $6.50 $13,000.00 7 27" RCP LIN. FT. 1,904 $46.00 $87,584.00 8 CONSTRUCT 54' MANHOLE LIN. FT. 55.0 $270:00 $14,850.00 9 CONSTRUCT 66' MANHOLE LIN. FT. 15.0 $280.00 $4,200.00 10 CONSTRUCT 72' MANHOLE LIN. FT. 7.7 $290.00 $2,233.00 11 INSTALL CURB & GUTTER LIN. FT. 40 $8.00 $320.00 12 REPLACE ROAD SECTION SQ. YD. 133 $42.00 $5,586.00 13 REPLACE PARKING LOT SQ. YD. 133 $42.00 $5,586.00 14 RESTORATION / SOD / SEED SQ. YD. 8,400 $3.00 $25,200.00 15 1INSTALLATION OF CATCH BASIN EACH 3 $1,500.00 $4,500.00 SUBTOTAL +5% CONTINGENCIES SUBTOTAL1, +30% INDIRECT COSTS 1 $177,515.00 $8,875.75 $186,390.75 $55,917.23 TOTAL ALTERNATIVE 2 $242,307.98 11t) ALTERNATIVE 3 - CONTSTRUC11ON OF STORM WATER POND ON GEP PROPERTY ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 CLEAR AND GRUB TREE 22 $300.00 $6,600.00 3 POND EXCAVATION CU. YD. 9,000 $6.00 $54,000.00 4 30" RC PIPE APRON W/TRASH GUARD EACH 2 $2,500.00 $5,000.00 5 30" RC Pipe LIN. FT. 760 $50.00 $38,000.00 6 RANDOM RIP RAP CL VI (FIELD STONE) CU. YD. 20 $80.00 $1,600.00 7 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $3.42 $85.42 8 STREET REMOVAL SQ. YD. 133 $4.00 $532.00 9 CURB REMOVAL LIN. FT. 20 $2.10 $42.00 10 REMOVE RCP's (24") LIN. FT. 60 $6.50 $390.00 11 1 REMOVE MANHOLES EACH 3 $1,200.00 $3,600.00 12 CONTRUCT 54" MANHOLE LIN. FT. 12.0 $270.00 $3,240.00 13 INSTALL CURB & GUTTER LIN. FT. 20 $8.00 $160.00 14 REPLACE ROAD SECTION SQ. YD. 133 $42.00 $5,586.00 15 INSTALLATION OF CATCH BASIN EACH 2 $1,500.00 $3,000.00 LAND ACQUISITION ($3.00 TO $3.50 / SQ FT) SUBTOTAL +5% CONTINGENCIES1 $131,835.42 $6,592.00 SUBTOTAL +30% INDIRECT COSTS $138,427.42 $41,528.00 $120,000-$140,000 TOTAL ALTERNATIVE 3 $299,960-$319,960 ALTERNATIVE 4 - BULKHEAD 30" CULVERT, IMPROVE DITCH, AND CONTSTRUCT STORM WATER POND ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 CLEAR AND GRUB ACRE 1 $3,500.00 $3,545.56 3 POND EXCAVATION CU. YD. 6,744 $6.00 $40,462.40 4 30" RC PIPE APRON W/TRASH GUARD EACH 2 $2,500.00 $5,000.00 5 30" RC PIPE LIN. FT. 75 $50.00 $3,750.00 6 42" RC PIPE LIN. FT. 50 $10U.00 $5,000.00 7 RANDOM RIP RAP CL VI (FIELD STONE) CU. YD. 20 $80.00 $1,600.00 8 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $3.42 $85.50 9 SEED, MULCH ACRE 0.5 $4,000.00 $2,066.12 10 WOOD FIBER BLANKET SQ. YD. 2500 $3.00 $7,500.00 11 BULKHEAD 30" RC PIPE EACH 1 $350.00 $350.00 12 DITCH GRADINGIEXCAVATION CU. YD. 3556. $8.00 $28,444.44 13 REMOVE 12" CMP LIN. FT. 50 $7.00 $350.00 14 42" RC PIPE LIN. FT. 50 $100.00 $5,000.00 15 CLASS V AGGREGATE BASE TON 14 $60.00 $840.00 16 12331 BITUMINOUS BASE COURSE TON 15 $75.00 $1,100.00 LAND ACQUISITION ($1.00 TO $1.50 / SQ FT) SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $115,094.62 $5,755.00 $120,849.02 $36,255.00 $50,000475,000 TOTAL ALTERNATIVE 4 $207,1004232,100 lit APPENDIX B ENGINEER'S OPINION OF COST TERMINAL DRIVE STORM WATER FEASIBILITY STUDY CITY OF EAGAN WSS PROJECT NO. 1380-06 ALTERNATIVE 1 - REPLACE EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 3 CURB REMOVAL LIN. FT. 40 $3.50 $140.00 4 REMOVE RCP's 24" LIN. FT. 60 $7.00 $420.00 5 PARKING LOT REMOVAL SQ. YD. 2,000 $4.00 $8,000.00 6 REMOVE RCP's 30" LIN. FT. 1,052 $7.00 $7,364.00 7 REMOVE MANHOLES EACH 9 $1,300.00 $11,700.00 8 30" RCP LIN. FT. 852 $60.00 $51,120.00 9 42" RCP LIN. FT. 1,052 $92.00 $96,784.00 10 CONSTRUCT 54' MANHOLE LIN. FT. 5.0 $270.00 $1,350.00 11 CONSTRUCT 66' MANHOLE LIN. FT. 60.0 $300.00 $18,000.00 12 CONSTRUCT 72' MANHOLE LIN. FT. 8.0 $400.00 $3,200.00 13 CONSTRUCT 78' MANHOLE LIN. FT. 15.0 $420.00 $6,300.00 14 INSTALL CURB & GUTTER LIN. FT. 40 $15.00 $600.00 15 REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 16 REPLACE PARKING LOT SQ. YD. 2,000 $55.00 $110,000.00 17 RESTORATION / SOD / SEED SQ. YD. 8,400 $3.50 $29,400.00 18 INSTALLATION OF CATCH BASIN EACH 3 $2,000.00 $6,000.00 SUBTOTAL +50k CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $371,816.00 $18,591.00 $390,407.00 $117,122.00 W:\1380-05\excel\7-10-06 Terminal Drive Cost Estimate TOTAL ALTERNATIVE 1 $507,529.00 //v ALTERNATIVE 2 - INSTALL STORM SEWERS ADJACENT TO EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 3 CURB REMOVAL LIN. FT. 40 $3.50 $140.00 .4 REMOVE RCP's 24" LIN. FT. 60 $7.00 $420.00 5 REMOVE MANHOLES EACH 3 $1,300.00 $3,900.00 6 PARKING LOT REMOVAL SQ. YD. 2;000 $4.00 $8,000.00 7 27" RCP LIN. FT. 1,904 $65.00 $123,760.00 8 CONSTRUCT 54' MANHOLE LIN. FT. 55.0 $270.00 $14,850.00 9 CONSTRUCT 66' MANHOLE LIN. FT. 15.0 $300.00 $4,500.00 10 CONSTRUCT 72' MANHOLE LIN. FT. 7.7 $400.00 $3,080.00 11 INSTALL CURB & GUTTER LIN. FT. 40 $15.00 $600.00 12 REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 13 REPLACE PARKING LOT SQ. YD. 133 $55.00 $7,315.00 14 RESTORATION / SOD / SEED SQ. YD. 8,400 1 $3.50 $29,400.00 15 1INSTALLATION OF CATCH BASIN EACH 3 $2,000.06 $6,000.00 LAND ACQUISITION ($4.50 TO $5.00/SQ FT),. SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $223,403.00 $1.1,170.15 $234,573.15 $70,371.95 $36,000-$40,000 WAI380-05\excell7-10-08 Terminal Drive Cost Estimate TOTAL ALTERNATIVE 2 $344,945-$348,945 //5 ALTERNATIVE 3 - CONTSTRUCTION OF STORM WATER POND ON GEP PROPERTY ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 1$10,000.00 $10,000.00 2 CLEAR AND GRUB TREE 22 $425.00 $9,350.00 3 POND EXCAVATION CU. YD. 9,000 $13.00 $117,000.00 4 30" RC PIPE APRON WITRASH GUARD EACH 2 $2,700.00 $5,400.00 5 30" RC Pie LIN. FT. 760 $60.00 $45,600.00 6 RANDOM RIP RAP CL VI FIELD STONE CU. YD. 20 $95.00 $1,900.00 7 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $4.00 $100.00 8 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 9 CURB REMOVAL LIN. FT. 20 $3.50 $70.00 10 REMOVE RCP's 24" LIN. FT. 60 $7.00 $420.00 11 REMOVE MANHOLES EACH 3 $1,300.00 $3,900.00 12 CONTRUCT 54" MANHOLE LIN. FT. 12.0 $270.00 $3,240.00 13 INSTALL CURB & GUTTER LIN. FT. 20 $15.00 $300.00 14 'REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 15 IINSTALLATION OF CATCH BASIN EACH 2 $2,000.00 $4,000.00 LAND ACQUISITION ($4.50 TO $5.001 SQ FT) SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $212,718.00 $10,636.00 $223,354.00 $67,006.00 $180,0004200,000 TOTAL ALTERNATIVE 3 $470,360-$490,360 W;\1380-05\excel\7-10-06 Terminal Drive Cost Estimate ALTERNATIVE 4 - BULKHEAD 30" CULVERT, IMPROVE DITCH, AND CONTSTRUCT STORM WATER POND ITEM DESCRIPTION UNIT EST..QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 CLEAR AND GRUB ACRE 1 $7,200.00 $7,293.72 3 POND EXCAVATION CU: YD. 6,744 $13.00 $87,668.53 4 30" RC PIPE APRON W/TRASH GUARD EACH 2 $2,700.00 $5,400.00 5 30" RC PIPE LIN. FT. 75 $60.00 $4,500.00 6 42"RC PIPE LIN. FT. 100 $110.00 $11,000.00 7 RANDOM RIP RAP CL VI FIELD STONE CU. YD. 20 $95.00 $1,900.00 8 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $400.00 $10,000.00 9 SEED, MULCH ACRE 0.5 $5,200.00 $2,685.95 10 WOOD FIBER BLANKET SQ. YD. 2500 $3.50 $8,750.00 11 1BULKHEAD 30" RC PIPE EACH 1 $400.00 $400.00 12 DITCH GRADING/EXCAVATION CU. YD. 3556 $13.00 $46,222.22 13 REMOVE 12" CMP LIN. FT. 50 $6.00 $300.00 14 CLASS V AGGREGATE BASE TON 14 $60.00 $840.00 15 2331 BITUMINOUS BASE COURSE TON 15 $80.00 $1,173.33 LAND ACQUISITION • SUBTOTAL +5% CONTINGENCIES SUBTOTAL +30% INDIRECT COSTS $198,133.76 $9,907.00 $208,040.76 $62,412.00 $141,600.00 TOTAL ALTERNATIVE 4 $412,052.76 117 WA1380-05\excell7-10-06 Terminal Drive Cost Estimate Agenda Information Memo July 18, 2006, Eagan City Council Meeting C. PROJECT 929 RED PINELANE/ GUN CLUB ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: APPROVE/DENY Project 929 (Red Pine Lane/ Gun Club Road Street & Utility Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • On March 27, 2006, City staff received a petition from Revestors, Inc., developers of the proposed "Red Pine Crossing" development, requesting the preparation of a feasibility report for street improvements on Red Pine Lane (Biscayne Avenue to Highway 3) and Gun Club Road (Biscayne Avenue to approximately 300 feet west), and sanitary sewer improvements within the development property. • Red Pine Crossing is a preliminary subdivision, rezoning, and planned development application submitted by Revestors, Inc. on approximately 10 acres in the southeast corner of Red Pine Lane and Highway 3 in southeast Eagan. Red Pine Crossing proposes commercial development consisting of general retail, grocery, and banking uses. • On April 4, 2006, the City Council preliminarily approved the rezoning, planned development and subdivision of Red Pine Crossing. • Conditions of approval for the developer included that the developer be responsible for the -- following: 1. all roadway and signal mitigative improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection necessary to serve the development. 2. the extension of public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City Comprehensive Sewer Plan. 3. the upgrade of Gun Club Road from Biscayne Avenue to the Red Pine Crossing development (approximately 300 feet). • Also on April 4, the City Council received the petition from Revestors, in response to the conditions of approval, and authorized the preparation of a feasibility report by the City Engineer for Project 929 (Red Pine Lane/ Gun Club Road) for these improvements. • On June 13, 2006, Revestors, Inc. submitted a request that the Red Pine Lane and sanitary sewer portions of the public improvement project be deleted. Revestors, Inc. requests that these improvements be performed privately by the developer under terms of a development contract and conditions of approval. The developer requests that the Gun Club Road portion of the improvements remain as a public improvement project. • A draft Feasibility Report, with Gun Club Road improvements only, was received by the Council on June 20, 2006 and a Public Hearing was scheduled for Tuesday, July 18, 2006. Agenda Information Memo July 18, 2006, Eagan City Council Meeting C. PROJECT 929(cont) • An informational neighborhood meeting was held on July 11 with area residents to discuss the results of the Red Pine Lane Traffic Study prepared by the City's traffic consultant, SEH, Inc. The traffic study analyzed the impact of the proposed Red Pine Crossing development, as well as surrounding existing and proposed area development. Of the 22 total properties (residential and Red Pine Elementary School) noticed for the meeting, four property owners attended the informational meeting. • An informational meeting was also held on July 12 with affected property owners adjacent to Gun Club Road. Of the four total properties affected, no one attended the meeting. • All notices have been published in the legal newspaper and sent to all affected "property owners informing them of this public hearing. ATTACHMENTS: gh� • Feasibility Report, pages throu 7 .3J ��// • Minutes of Informational Meeting — Red Pine Lane, pages1t7�through i, F„¢v�,�s h ="`y�� - � �( s.� imp.^ E 1'.� d � � ��"' � ( L Y Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. July 12, 2006 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Gun Club Road - Street Improvements City Project No. 929 Dear Mayor and City Council: Attached is our report for the Gun Club Road — Street Improvements, City Project No. 929. 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. Sincerely, fohn P. Gorder Assistant City Engineer Reviewed By: I/ Dept. of PAM 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. J hn P. Gorder Date:Reg. No. 22813 Date: -, _ (3 —OG. Date: /15 n©Y TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction/ History............................................................................................................................ 2 Scope.......................:.............................................................................................................................. 3 Feasibilityand Recommendations......................................................................................................3 ProposedImprovements.......................................................................................................................4 Easements/Permits...............................................................................................................................4 CostEstimate........................................................................................................................................ 4 Assessments......................................................................................... ......... _ ...................... 5 Assessment Financing Options........................................................................................................... 6 RevenueSource..................................................................................................................................... 7 ProjectSchedule...................................................................................................................................7 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street & Utility Improvements/ Assessment Area Map - 3 Gun Club Road — Typical Section July 2006 Gun Club Road - Street Improvements Introduction/ History In April, 2006 the City Council requested that a feasibility report be prepared to determine the scope, cost, schedule, and method of financing for street improvements to Red Pine Lane, sanitary sewer improvements through the Red Pine Crossing development, and the upgrade of Gun Club Road from Biscayne Avenue to approximately 230 feet west. Consideration of these improvements was initiated by a petition from Revestors, Inc. in conjunction with conditions of approval for the proposed Red Pine Crossing development. Subsequent to, the original petition, Revestors has indicated that they wish to perform the Red Pine Lane street improvements and sanitary sewer improvements privately and requested that this construction be removed from consideration under this public improvement project. The petition for the upgrade of approximately 230 of Gun Club Road remains for consideration under this project. Gun Club Road - Gun Club Road is a rural -section gravel road and is located in southeast Eagan east of Highway 3. Figure 1, located in Appendix C, illustrates the project location. Gun Club Road originated as a farm access road to Highway 3, and its maintenance was subsequently assumed by the City. The Gun Club Road railroad crossing and intersection with Highway 3 was removed in conjunction with the construction of Red Pine Lane in 1994. The current gravel road is minimally maintained by the City. The portion proposed for consideration under this project is from Biscayne Avenue to approximately 230 feet west, and serves four separate properties, the proposed Red Pine Crossing development (commercial), the West End Gun Club (park), 4895 Biscayne Avenue (light industial), and Outlot A, Long Acres (future residential). The remainder of Gun Club Road to the west is proposed to be vacated and incorporated into the Red Pine Crossing development. Scope This project provides for the street upgrade construction of Gun Club Road (approximately 230 feet long), west of Biscayne Avenue. Figure 2, located. in Appendix C, illustrates the project limits. Also --included in the project -is the extension of sanitary- sewer and water mains to provide service to adjacent properties. Feasibility and Recommendations This project is necessary to provide for improved safety by providing a bituminous driving surface for vehicles accessing properties on to Gun Club Road, controlling surface runoff with curb/ gutter and storm sewer, and to provide utility service to adjacent properties. This project is cost effective in that upgrading Gun Club Road and extending sanitary sewer and water main will add value to the adjacent individual properties. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the City. i2y Proposed Improvements This project provides for the upgrade construction, with cul-de-sac, of Gun Club Road east from Biscayne Avenue approximately 230 feet. A 36 -foot wide street section will be constructed to current city standards over the existing subgrade within existing right-of-way. The street .section will consist of a 4 '/2" bituminous surface supported by 8" gravel base, with concrete curb & gutter over a graded subgrade (see Figure 3). Where possible, the existing gravel base will be salvaged for re -use in the new street section for economic benefit. Lateral storm sewer will be constructed to connect with existing storm sewer to provide drainage for the street surface. Lateral sanitary sewer and water mains, with service stubs, will be extended from existing lines within Biscayne Avenue to provide future service for adjacent properties. Easement/Permits Acquisition of easement for the construction and perpetual maintenance of cul-de-sac bubble will be necessary. All other work will be performed within existing fight -of -sway and easement. Minnesota Pollution Control Agency sewer extension and Department of Health water main permits will be necessary for the proposed construction. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2006 construction costs and include 10% contingency and indirect costs of 30%; which include legal; administration, engineering, and bond interest. A summary of the costs are as follows: Gun Club Rd. Street Upgrade Improvements $78,000 Sanitary Sewer Lateral $13,300 Water Main Lateral $17,450 Water/ Sewer Service Stubs $4.430 Total Project Cost $113,180 Assessments Assessments are proposed to be levied against the benefited properties. The City of Eagan's Special Assessment Policy for street improvements for local streets and utility extensions is as follows: City Special Assessment Policy Gun Club Road Upgrade All lots as shown on Figure 2, having driveway access on to Gun Club Road to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the street upgrade costs are assessable for local streets. Four properties will benefit from the proposed street improvements, two. properties directly adjacent and two at the west end of the improvements.. All assessments will be based on fibArproiect costs: Residential/ Park Properties - It is proposed to assess the two southerly properties (Outlot A, Long Acres and 650 Gun Club Road — West End Gun Club) a residential street equivalent (32 feet) based on their front footage. The residential upgrade of Gun Club Road is a condition of final subdivision approval for the Long Acres development. The estimated cost per front foot for the V2 the residential street equivalent to be assessed for the Gun Club Road upgrade based on the City Assessment Policy is $95.30/foot and is calculated as follows: Estimated Cost of 32' Wide Residential Street Equivalent = $45,930 V2 of Residential Street Equivalent = $22,965 $22,965 (Residential Street Equiv. Cost ) 4 $95.30/F.F for Street Upgrade 241 Total F.F Commercial/ Industrial Properties - It is proposed to assess the two northerly properties ("Red Pine Crossing" and 4895 Biscayne Avenue) for the oversizing of the street (32 feet to 36 feet) Assessment Ratio Prouerty City Street Improvements - Upgrade 100% 0% Sanitary Sewer Lateral 100% 0% Water Main Lateral .100% 0% Gun Club Road Upgrade All lots as shown on Figure 2, having driveway access on to Gun Club Road to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the street upgrade costs are assessable for local streets. Four properties will benefit from the proposed street improvements, two. properties directly adjacent and two at the west end of the improvements.. All assessments will be based on fibArproiect costs: Residential/ Park Properties - It is proposed to assess the two southerly properties (Outlot A, Long Acres and 650 Gun Club Road — West End Gun Club) a residential street equivalent (32 feet) based on their front footage. The residential upgrade of Gun Club Road is a condition of final subdivision approval for the Long Acres development. The estimated cost per front foot for the V2 the residential street equivalent to be assessed for the Gun Club Road upgrade based on the City Assessment Policy is $95.30/foot and is calculated as follows: Estimated Cost of 32' Wide Residential Street Equivalent = $45,930 V2 of Residential Street Equivalent = $22,965 $22,965 (Residential Street Equiv. Cost ) 4 $95.30/F.F for Street Upgrade 241 Total F.F Commercial/ Industrial Properties - It is proposed to assess the two northerly properties ("Red Pine Crossing" and 4895 Biscayne Avenue) for the oversizing of the street (32 feet to 36 feet) and the cul-de-sac bubble based on their net area. The proposed assessments are calculated as follows: • Total Net Area Commercial/ Industrial = 8.4 acres O "Red Pine Crossing" = 7.7 acres = 91.7% O 4895 Biscayne Avenue = 0.7 acres = 8.3% • Total Cost of Oversizing/ Cul-de-sac = $55,035 O $55,035 x 91.7% =. $50,445 (Proposed assessment to "Red Pine Crossing") O $55,035 x 8.3% = $4,590 (Proposed assessment to 4895 Biscayne Avenue) Sanitary Sewer/ Water Main Extension This project proposes to extend sanitary sewer and water main service to the west within Gun Club Road to serve possible future development of Outlot A, Long Acres and to provide fire protection for the Red Pine Crossing development (see Figure 2). It is proposed to assess these two properties for the full cost of the utility extension improvements, in accordance with the City Special Assessment Policy. Assessment FinancinEr Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over fifteen (15) years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result per $1,000 assessment based on an estimated 5.5% interest for the assessed amounts: Revenue Source Revenue for this project is proposed through property assessment as follows: Project Property City Cost Assessment Contribution Gun Club Road $78,000 $78,000 -0- Sanitary Sewer Lateral $13,300 $13,300 -0- Water Main Lateral $17,450 $17,450 -0- Sewer/ Water Stubs $4,430 $4,430 -0- TOTALS $113,180 $113,180 -0- Proiect Schedule Present. Draft Feasibility Report to City Council/ Order Public Hearing June 20, 2006 Informational Meeting..................................................................................... July 12, 2006 PublicHearing................................................................................................ July 18, 2006 Approve Plans and Specifications............................................................. September, 2006 AwardContract.................:.............................................................................October, 2006 ProjectCompletion.........................................................................................October, 2006 Final Cost Report ........................................................................................ December, 2006 Final Assessment Hearing................................................................................. Spring, 2007 First Payment Due with Property Tax Statement ........................................... May 15, 2008 Appendix A Preliminary Cost Estimate Gun Club Road Street Improvements - City Project No. 929 T. Street Unarade - Gun Club Road to C/I Standards w/ C -D -S Item Unit Est. Qty- Unit Price Est. Cost Mobilization L.S. 1 $2,000.00 $ 2,000 Common Excavation C.Y. 500 1 $8.00 $ 4,000 Aggregate Base, Class V (8") Ton 620 $11.00 $ 6,820 618 Concrete Curb & Gutter L.F. 460 $11.00 $ 5,060 Mountable Concrete Curb & Gutter L.F. 180 $10.00 $ 1,800 350/2360 Base Course Mixture 3" Ton 240 $50.00 $12,000 350/2360Wear Course Mixture 1-1/2" Ton 120 $55.00 $ 6,600 Bituminous Material for Tack Coat Gal. 70 $4.00 $ 280 Traffic Control L.S. 1 $500.00 $ 500 Catch Basin w/ casting Each 1 $1,000.00 $ 1,000 Connect to Ex. Manhole Each 1 $1,230.00 $ 1,230 12" RC Pipe — CB Leads L.F. 50 $40.00 $ 2,000 Silt Fence L.F. 600 $4.00 $ 2,400 Seeding & Mulch Acre 0.5 $3,000.00 $ 1,500 To soil Borrow C.Y. 200 $12.00- $ 2,400 Subtotal $49,590 +10% Contingencies $ 5,000 Subtotal $54,590 +30% Indirect Costs $16,400 Easements $ 7,000 TOTAL — 36' Upgrade $78,000 TT. Sanit2ry Sewer Lateral Item Unit Est. Qty- Unit Price Est. Cost Mobilization L.S. 1 $1,000.00 $ 1,000 Const. MH over Ex. Sanitary Sewer Each 1 $2,300.00 $ 2,300 8" PVC, SDR 26 Sanitary Sewer L.F. 90 $40.00 $ 3,600 Standard Sanitary MH Each 1 $1,700.00 $ 1,700 Subtotal $ 8,600 +10% Contingencies $ 860 IZ9 TTT 177n4— Amir T o4c*-nl Item Unit Est. Qty. Subtotal $ 9,460 1" Co oration Stop Connect to Ex. Water Main Each + 30% Indirect $500.00 $ 500 8" DIP, Cl. 52 Water Main L.F. Costs $ 2,840 $ 9,200 8" Gate Valve & Box Each Total - $800.00 $. 800 Brant Each Sewer/Water $13,300 TTT 177n4— Amir T o4c*-nl Item Unit Est. Qty. Unit Price Est. Cost 1" Co oration Stop Connect to Ex. Water Main Each 1 $500.00 $ 500 8" DIP, Cl. 52 Water Main L.F. 230 $40.00 $ 9,200 8" Gate Valve & Box Each 1 $800.00 $. 800 Brant Each 1 $1,700.00 $ 1,700 +10% Contingencies Subtotal $12,200 Subtotal +10% Contingencies $ 1,220 + 30% Indirect Costs Subtotal $13,420 Total — Service Stubs + 30% Indirect Costs $ 4,030 Total — Water Lateral $17,450 TV Como*-/ WA4Pr CPt"Vt(,PI Cttthe " PVC, SDR 26 Sewer Service L.F. 60 .... .$25.00 $ 1,500 1" Co oration Stop Each 2 $50.00 $ 100 1" Type K Copper Water Service L.F. 90 $15.00 $ 1,350 1" Curb Stop & Box Each 2 $75.00 $ 150 Subtotal $ 3,100 +10% Contingencies $ 310 Subtotal $ 3,410 + 30% Indirect Costs $ 1,020 Total — Service Stubs $ 4,430 TOTAL PROJECT COST $113,180 Street Upgrade - Gun Club Road - 32'Residential Street Equivalent Adjacent to Outlot A, Lona Acres and 650 Gun Club Road 270' in len h Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,000.00 $ 2,000 Common Excavation C.Y. 500 $8.00 $ 4,000 Aggregate Base, Class V 6" Ton 360 $11.00 $ 3,960 Mountable Concrete Curb & Gutter L.F. 540 $10.50 $ 5,670 2350/2360 Base Course Mixture 2" Ton 100 $50.00 $ 5,000 350/2360Wear Course Mixture 1" Ton 50 $55.00 $ 2,750 Bituminous Material for Tack Coat Gal. 45 $4.00 $ 180 Traffic Control L.S. 1 $500.00 $ 500 Catch Basin w/ casting Each 1 $1,000.00 $1,000. Connect to Ex. Manhole Each 1 $1,230.00 $1,23 0 12" RC Pipe — CB Leads L.F.. ..50 $40.00 $ 2,000 Silt Fence,_.. _ _. ._.... ....: _ _ _ ._ _ . L.F. 540 $4.00 $ 1,440 Seeding & Mulch Acre 0.4 $3,000.00 $ 1,200 Topsoil Borrow C.Y. 100 $12.00 $ 1,200 Subtotal $32,130 +10% Contingencies $ 3,200 Subtotal $35,330 + 30% Indirect Costs $10,600 TOTAL — 32' Residential Equivalent $45,930 151 Appendix B - City Project No. 929 Preliminary Assessment Roll Gun Club Road Street & Utility. Improvements • Outlot A, Long Acres and 650 Gun Club Road are proposed to be; assessed for lh of a residential equivalent street (32 feet wide) based on their frontage. o Cost to construct 32' wide street adjacent to Outlot A, Long Acres and 650 Gun Club Road = $45,930 o Y2 of cost = $225965 o Frontage: Outlot A, Long Acres =103 F.F. (178 feet total - 75 feet corner lot credit) 650 Long Acres =138 F.F. Total Residential Street F.F. = 241 F.F. o Rate/ F.F. = $22,965/ 241 F.F. = $95.30/ F.F. Total cost to extend 36' wide street, with cul-de-sac and right-of-way, to west end project limits plus %Z of residential equivalent street o Oversize (32' to 36' with cul-de-sac) cost = $78,000 - $45,930 = $32,070 o %a of residential equivalent cost = $22,965 o Total = $55,035 oversize/ cul-de-sac ($32,070 + $22,965); o Total Commercial./ IndustrialAcreage: "Red Pine Crossing" = 7.7 Acres/ 4895 Biscayne Avenue = 0.7 Acres • Total = 8.4 Acres o Commerciall Industrial Rate = $55,035/ 8.4 Acres = $6,550/ Acre Front Street San Water Total TOTAL Foot/ Assmt Street Sewer Main Utility ASSMT P.I.N. / Parcel Area Rate Assmt Assmt Assmt Services Assmt 10-31800-010-01 4895 Biscayne Avenue 0.7 Acr $6,550 $4,590 -- -- -- -- $4,590 10-03600-021-79 ("Red Pine_ Crossing") 7.7 Acr $6,550 $50,445 -- $7,530 -- $7,530 $57,975 10-458000100-030-83 Vacant Outlot A — Long Acres 103 F.F. $95.30 $9,815 $13,300 $9,920 $4,430 $27,650 $37,465 10-03600-010-80 650 Gun Club Road 138 F.F. $95.30 $13,150 -- -- -- -- $13,150 TOTALS -- $78,000 $13,300 1 $17.,450 $4,430 $35,180 $113,180 • Outlot A, Long Acres and 650 Gun Club Road are proposed to be; assessed for lh of a residential equivalent street (32 feet wide) based on their frontage. o Cost to construct 32' wide street adjacent to Outlot A, Long Acres and 650 Gun Club Road = $45,930 o Y2 of cost = $225965 o Frontage: Outlot A, Long Acres =103 F.F. (178 feet total - 75 feet corner lot credit) 650 Long Acres =138 F.F. Total Residential Street F.F. = 241 F.F. o Rate/ F.F. = $22,965/ 241 F.F. = $95.30/ F.F. Total cost to extend 36' wide street, with cul-de-sac and right-of-way, to west end project limits plus %Z of residential equivalent street o Oversize (32' to 36' with cul-de-sac) cost = $78,000 - $45,930 = $32,070 o %a of residential equivalent cost = $22,965 o Total = $55,035 oversize/ cul-de-sac ($32,070 + $22,965); o Total Commercial./ IndustrialAcreage: "Red Pine Crossing" = 7.7 Acres/ 4895 Biscayne Avenue = 0.7 Acres • Total = 8.4 Acres o Commerciall Industrial Rate = $55,035/ 8.4 Acres = $6,550/ Acre ".�i.._ .+-�.: irf, "'t't'xfi „1.+19 Cite of Eap. Engineering Department Gun Club Road Street Upgrade / Utility Improvements / Assessment Fig. 2. City Project No. 929 �. VMrCI.f1DLG UCI- Irl F1Vvjr%cv ir- JUrCr mti r- Existing Section Gun Club Road I� 6C 36' (F- 11/2- TYPE 2350/2360 BITUMINOUS BITUMINOUS TACK COAT 3" BITUMINOUS BASE 8" CL. 5 AGGREGATE BASE Bituminous Street Upgrade Proposed Typical Section G; Fsosib11ityReports2006\Proj929 \typical section 8618' CONC. CURB & GUTTER I Gun Club Road City of Eakan Typical Section Project 929 Fig. 3 Engineering Department yp 1 55 . INFORMATIONAL NEIGHBORHOOD MEETING MINUTES RED PINE LANE TRAFFIC STUDY TUESDAY, JULY 11, 6:30 P.M EAGAN ROOM This is to summarize discussions and information provided at the informational neighborhood meeting held July 11 in regard to the Red Pine Lane Traffic Study, and public improvement project for Gun Club Road. Attendance- The meeting was attended by four residents representing four properties (see attached resident attendance sign -in), the City's traffic consultant, George Calebaugh (SEH Inc.) and the following City staff Tom Colbert, Director of Public Works; Lieutenant Greg Johnson, Eagan Police; Jon Hohenstein, Director of Community Development; Tim Plath, Transportation Engineer; and John Gorder, Assistant City Engineer. "Red Pine Crossing" Development Status — Revestors, Inc. has received preliminary subdivision, rezoning, and planned development approval for Red Pine Crossing on approximately 10 acres in the southeast corner of Red Pine Lane and Highway 3. Red Pine Crossing proposes commercial development consisting of general retail, grocery, and banking uses. Discussion occurred regarding other potential uses such as gas/ convenience station, and if that use would be allowed under the current planned development approvals. Director Hohenstein indicated that he would follow up with his staff on this issue. Further research from Community Development indicates that any use not approved under the preliminary planned development, such as a gas station/ convenience store, car wash, coffee kiosk, daycare, veterinary clinic, minor auto repair, or anything involving drive-through service or on -sale liquor, would require planned development amendment approval by the City Council. Conditions of approval of Red Pine Crossing included that Revestors be responsible for the following public improvements: 1. all roadway and signal improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection necessary to serve the. development. 2. the extension of public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City's Sewer Plan. 3. the upgrade of Gun Club Road from Biscayne Avenue to the Red Pine Crossing development (approximately 300 feet). Revestors petitioned the City to review the feasibility of all three of these improvements as a City improvement project. Public Improvement Project Status- Subsequent to the original petition, the City Council approved Revestor's request that the Red Pine Lane and sanitary sewer portions of the public improvement project (Items 1 and 2) be deleted. Due to the limited benefit (and limited potential assessment of cost) to other properties, Revestors requested that these improvements be performed privately by their contractors under terms of a development contract and conditions of approval. They requested that the Gun Club Road portion of the improvements remain as a public improvement project. Accordingly, the City has prepared a feasibility report, and the 130 project public hearing Tuesday, July 18 with the City Council will address the Gun Club Road improvements only. Red Pine Lane/ Highway 3/ SE Eagan Traffic Study- In conjunction with the original petition from Revestors for the improvements on Red Pine Lane, the City's traffic consultant, SEH, Inc. completed a comprehensive traffic study of the southeast portion of Eagan (see Red Pine Lane Traffic Study). The study analyzes the current and future roadway levels of service and expansion needs, with and without development of Red Pine Crossing, and the impact of a potential future 120th Street connection to Highway 3. George Calebaugh highlighted some findings of the study at the meeting: • It confirmed the need for the current MnDOT/ City access management plan along Highway 3, with Red Pine Lane as the only access to Highway 3 between Cliff Road and 120' Street. This access management is necessary to help maintain the mobility of Highway 3. • The study identifies the Red Pine Lane roadway improvements necessitated by the Red Pine Crossing development, including the construction of an eastbound right -turn lane into the development, and the extension of the westbound left -turn lane by about 120 feet to a total of 290 feet in length. The relocation and reconstruction of the trail on the south side of Red Pine Lane adjacent to Red Pine Crossing will be necessary. Again, these improvements will be undertaken by Revestors as part of their development contract with the City. • Without the expansion of Highway 3 to four lanes with additional southbound left turn lane length, there will be future operational issues with Highway 3 at the Red Pine Lane, with or without the Red Pine Crossing development. The City will pursue future funding and projects to address this long-range need on Highway 3. Current Operational Issues — Red Pine Lane — Lieutenant Johnson shared the Police Department's recent (April 18-21) field observations of the Red Pine Lane crosswalk at Red Pine Elementary. They observed no violations during this time. Lieutenant Johnson also clarified some aspects of the pedestrian crosswalk law. The following web link provides the entire pedestrian crosswalk statute: http//www revisor lei state.mn.us/data/revisor/statutes/2005/169/2l.html NEIGHBORHOOD MEETING Red Pine Lane Street & Utility Improvements City of Eap Project No. 929 Tuesday, July 11, 2006 6:30 p.m. NAME ADDRESS 1. mss, ) V1CAU,y gag Cg 3. 4. Je�f 6. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet Agenda Information Memo July 18, 2006 Eagan City Council Meeting D. GUN CLUB ROAD - RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Close the Public Hearing and continue consideration of the vacation of a portion of public right-of-way (Gun Club Road) to be concurrent with the Final Plat approval of Red Pine Crossings. FACTS: • On January 20, 2006, City staff received a petition from Quinn Hutson, CNH Architects representing Revestors, Inc., the developers of proposed Red Pine Crossing, requesting the vacation of a portion of public right-of-way (Gun Club, Road) adjacent to Parcels 10-03600-021-79 and 10-03600-022-79 (Red Pine Crossing), east of Highway 3 in southeast Eagan. • The petition was held to coincide with the final subdivision approval process for the Red Pine Crossing development. • On June 12, 2006, final subdivision submittal was made by the developer of Red Pine Crossing, Revestors, Inc. • The purpose of the request is to allow the developer to construct the Red .Pine Crossing development as approved with the preliminary planned development and subdivision, with utilization of the vacated Gun Cub .Road right-of-way. The Gun Club Road right-of-way east of the Red Pine Crossing development will remain. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received as of the date of this report. • Consideration of the Red Pine Crossing final.subdivision is scheduled at the August 1 Council meeting. • There are private utilities (Dakota Electric Associations power lines and other utilities) within this portion of right-of-way proposed to be vacated that will require the Red Pine Crossing development to dedicate easements to cover the relocation of the existing utilities. • The request has been reviewed by the Engineering Division and ifound to be in order for favorable Council action in conjunction with the final subdivision and plat approval of Red Pine Crossing at a future Council meeting. ATTACHMENTS: • Location Map, page . • Right -of -Way Vacation Exhibit, page 141. r� RED PINE CROSSING I yr J ! -' Uicinliy AIaP / I' ED PM r rsr o.o r, r r. rr mm rr r �. / '( as r r.r•. x rr.r x r... a sm. 1. red / • / .rr d II.1 V r W r.,IMd riOrrW �J`• ,�, , '\ +• arr r r...sa. r .Vp1•ICL •• , 2,._ e Om,�Vrd4Ndbr % L -s•_____ ____ � :.y/ P; MET 'i 0 Nwa. dra r.Mrw ;Q ►Ax° �t r 1 1•' i �+Lh'a.r g ROAD TO BE VACATED � ay +' That part of 117'h Street East (also known as Gun Club Road) which lies northerly of + the south line of the Northwest Quarter of the Southeast Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota, westerly of HALLEY'S 1sT ADDITION, according to the recorded plat thereof, Dakota County and easterly of the easterly right of way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad. 1 1 1 :s: 1 i �r wasr 99 E Il7TN STMET EA&T�LL n �_.r. +t._ti rdr. s Rehder and Associates, Agenda Information Memo July 6, 2006, Eagan City Council Meeting E. VARIANCES— EAGAN AUTO MAILL ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to allow a detached trash enclosure in the CSC district for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW 1/4 of Section of 15; subject to the conditions in the staff report. To approve (OR direct findings of fact for denial) a Variance of 27 feet to the 50 foot front yard setback, for a detached trash enclosure for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW'/4 of Section 15; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ The subject lot is zoned CSC, Community Shopping Center and requires trash enclosures to be attached and maintain principal structure setbacks. ➢ Code Enforcement staff has been working with the applicant on this issue, resulting in the variance application. ➢ The trash enclosure is proposed for a location that will not interfere with parking or use designated parking stalls, with a 23 foot setback from the property line (50 feet required). ➢ According to the applicant attached trash enclosures are not feasible due to the layout and design of the building. 60 DAY AGENCY ACTION DEADLINE ➢ Deadline is August 18, 2006 ATTACHMENTS (1): Planning Staff Report pages)_throughL 102. PLANNING REPORT CITY OF EAGAN REPORT DATE: 07-12-06 APPLICANT: Matthew J Rieger PROPERTY OWNER: Eagan Auto Mall LLC. REQUEST: Variance LOCATION: 1379 Town Centre Dr. COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC Community Shopping Center SUMMARY OF REQUEST CASE: 15 -VA -13-06-06 HEARING DATE: July 18, 2006 APPLICATION DATE: June 6, 2006 PREPARED BY: Nicole Cook The applicant is requesting approval of a Variance to allow a detached trash enclosure and a Variance to the front setback for the trash enclosure, for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW 1/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the. provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. 143 Planning Report — Eagan Auto Mall Variance July 18, 2006 Page 2 CODE REQUIREMENTS The following code requirements apply: 11.70 Subdivision 21D (7) — Enclosure of trash and recyclables containers. b. The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), and research and development (RD) zoning districts. d. The enclosure shall satisfy principal structures setbacks required for the applicable zoning district. BACKGROUND/HISTORY The Eagan Auto Mall was built in 1986 and was one of the first newly developed sites in this quadrant of Pilot Knob and Duckwood Drive. The multi -tenant building is approximately 23,000 square feet. The parking requirement at the time of development was 154 spaces. In 1992, a CUP was granted to allow vehicle repair/service. The concept was a consumer one-stop shopping experience for automotive retail and service needs. EXISTING CONDITIONS The current uses at this site are automotive retail and service in an auto mall type setting with three (3) separate buildings. The principal tenants are Jiffy Lube, SuperAmerica, Firestone, Abra, and Car X. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant's narrative, the trash enclosure incorporated into the original building design did not anticipate the high level of recycling needs which are currently in place today. In addition, over the years the automotive retail and service industry needs have changed, whereas users are providing more services which generate more trash and recyclables. _ , The applicant states that the proposed trash enclosures will be detached from the building as the design of the property will not allow for an attached structure. The required structure setback from Pilot Knob Road is 50 feet and the proposed setback for the trash enclosure is 23 feet. These enclosures will be in a location that is least visible to passing traffic and customers visiting the existing businesses. 144 Planning Report — Eagan Auto Mall Variance July 18, 2006 Page 3 EVALUATION OF REQUEST Trash enclosure requirements - Enclosure of trash and recyclables containers. All trash and recyclables containers stored outside in the R4, LB, NB, GB, CSC, RD, I-1,1-2 and BP zoning districts shall be stored within an enclosure subject to the following standards: a. The enclosure shall have an impermeable floor surface. The proposed enclosure will have a concrete floor surface. b. The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), and research and development (RD) zoning districts. The applicant is requesting a detached enclosure stating that the current design doesn't allow for an attached facility. The enclosure may be detached from the principal building in the residential multiple (R4), limited industrial (I-1), general industrial (1-2), and business park (BP) zoning districts. N/A d. The enclosure shall satisfy principal structures setbacks required for the applicable zoning district. The required setback from Pilot Knob Road is 50 feet. The proposed enclosure will be 23 feet from Pilot Knob Road. e. The enclosure shall be constructed of materials to match the exterior of the principal structure, with gates or doors having at least ninety percent (90%) opacity. According to the applicant, the proposed enclosure will use building materials identical to the current construction. f. The enclosure shall be of sufficient size to enclose all trash and recyclables containers and shall be not less than six (6) feet and not more than ten (10) feet in height. The proposed trash enclosure will be 8 feet, 4 inches in height. g. The above provisions apply in addition to the provisions of Chapter 10 of this Code which regulate they. storage, deposit, and disposal of refuse on all properties. This property is zoned CSC, Commercial Shopping Center, in that zoning district trash enclosures are required to be attached additionally all trash enclosure are required to meet principal structure setbacks. The applicant is requesting a variance to allow a detached trash enclosure and a variance to the setback requirement. The proposed location for the trash enclosure is screened from Pilot Knob Road by the site's topography and will not interfere with parking or use designated parking stalls. Planning Report — Eagan Auto Mall Variance July 18, 2006 Page 4 The proposed location will result in the loss of three parking stall, however based on the amount code requires, the necessary parking is 103 spaces, and the site far exceeds that amount with approximately 154 spaces. SUMMARY/CONCLUSION The applicant is requesting approval of a Variance to allow a detached trash enclosure and a Variance to the front setback for the Eagan Auto Mall. The Community Shopping Center zoning district requires all trash enclosures to be attached, additionally trash enclosures must maintain the principal building setback. The setback from Pilot Knob Road is 50 feet the proposed enclosure has a setback of 23 feet. The applicant states that the current design of the property does not allow for an attached facility and more room is needed as more automotive services are being provided which generates more trash and recyclables. ACTION TO BE CONSIDERED To approve a Variance to allow a detached trash enclosure on property located at 1379 Town Centre Drive in the NW'/4 of Section 15; subject to the following condition: 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. To approve a Variance to allow a setback of 23 feet on property located at 1379 Town Centre Drive in the NW'/4 of Section 15; subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The setback variance only applies to the detached trash enclosure in the location shown on the Site Plan received June 19, 2006. 14(i :�umcr�ii ucv��our A CO. ROAD P 'PILOT KNOB ROA® NOTE, . e;G ' NO ACCESS`a ��,. T0135— In( PSinn�'� 262.50 E DOC: N0, 626 AA1 264 .,l p —NO3 54r21°E 192.50 t., 7'L%it' S ��i'•4 yt g5T /Rd$94.93 Poe co 7� 1'°l8 .23 Ca12 08°CMD �2 84 .+0 W • BQ----•�enrq . .feaw,.v t4o4 ft/ . FOUT 40 ET9Apf g�LINE •� " $ °/y au o„I ¢u a ---�_ __ � t rot �•• 6?'�eF� e \ v I I.m i f.•• t .ft Sr. .1T0+@70V! /Avak"T . - $. AAJIjt,I I � I A '.:� • i jw�'} 'fie �# 1 � �� - 4Li L 4 O Kivu to V s •r"'j �r :� rs•;• iaes Aw .. �ti '1 I ro .:;oma , TIP o cone •' .r 1 .:.•iaa Gr ��� ;$� -� Lir • .. ;;, ' a ti � ..t ; � ro AmD > Lw 9 CA P ♦ � ' � RI o � ra i'Y SA\\t'+ ��, _• :l:.�f• It � w er t� o 4i\ sib -� :mxa aura t Hiws+oORO O ltit I a E7 BpCK LINE _ Oa '♦, i \ .� \\ \ Y Ot ~ rP4► ; I ,' ' 18.00 •. 5'12° V Zs6 i �1l � V AT -CIle bR ----.— RECEIVED M i 9 2006 2 s EAST ELEVATION va'-an• 11 .1 MbKTH ELEVATION ve.ao° RECEIVED JUN 1 9 2006 ` 0 Project Narrative Our plan if approved by the City is to build a new detached trash enclosure which will be large enough to service the entire projects trash, recycling and miscellaneous material needs. SuperAmerica currently has their own enclosed trash enclosure incorporated as part of their building. The City's current comprehensive guide plan designation for this site is Retail -Commercial. Our current zoning classification is Community Shopping Center. The current uses at this site are automotive retail and service in an auto mall type setting with three (3) separate buildings. Our principal tenants are Jiffy Lube, SuperAmercia, Firestone, Abra and Car X. The surrounding uses to this site are also retail commercial, which include a car wash, restaurants, Walmart and several small and large retail shopping centers. The Eagan Auto Mall was built in 1986 and was one of the first newly developed sites in this quadrant of Pilot Knob and Duckwood. The concept was a consumer one stop shopping experience for automotive retail and service needs. The trash enclosure incorporated into the original building design did not anticipate the high level of recycling needs which are currently in place today. In addition, over the years the automotive retail and service industry needs have changed where users are providing more services which generate more trash and recyclables. The current trash enclosure has not been large enough for quite some time to house both trash and recycling .containers, large enough to handle what is being generated by the users at this property. Our plan is to build a detached trash enclosure (current design of the property will not allow for an attached. facility) immediately upon approval from the City in a location which is the least visible to traffic passing by the site or customers visiting the existing businesses using building materials identical to the current construction. This will allow us to incorporate all of the trash receptacles in one (1) location in a controlled area. RECEIVED JUN 19 2006 51 Agenda Information Memo July 18, 2006 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION — EAGAN HILLS ALLIANCE CHURCH ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Preliminary Subdivision (Eagan Hills Alliance Church) to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW V4 of Section 25, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The site is located south of Diffley Road and west of Dodd Road. ➢ The site consists of two platted parcels, and each parcel is developed with;a church. ➢ Eagan Hills Church is purchasing 2.15 acres of land from Praise Lutheran Church in anticipation of future extension needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two churches. ➢ The proposed lot areas are Lot 1 = 5.8 acres and Lot 2 = 4.46 acres. ➢ Cash trails dedication and cash water quality dedication are due for the existing 3.8 -acre Eagan Hills Alliance Church parcel, not satisfied with previous development. ➢ The Advisory Planning Commission held a public hearing on June 27, 2006, and did recommend'approval of the Preliminary Subdivision ISSUES: ➢ A resident spoke at the APC meeting with concerns about existing drainage, lack of screening between the church and residential property, exterior lighting, junk and vehicle storage, noise, and the apparent lack of after hours security of the parking lot. ➢ This development is subject to cash parks dedications. With the development of both churches, the park dedication was deferred by the City until such time as the use of the property changed to something other than a church. The applicant is requesting that fixrther deferment of park dedications. ➢ The Council will need to select one of the following conditions to reflect the decision regarding park dedications: This development is subject to cash park dedication a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. AGENCY ACTION DEADLINE: September 28, 2006 (120 days) ATTACHMENTS (2): June 27, 2006 APC ' utes, pages Staff Report, pages k through 152 Advisory Planning Commission Minutes June 27, 2006 Page 7 C. Eaaan Hills Alliance Church Applicant Name: Eagan Hills Alliance Church Location: 670 & 700 Diffley Road; Lot 1, Block 1 Sunset Twelfth Addition and Lot 1, Block 1, Praise Lutheran Church 2nd Addition Application: Preliminary Subdivision A Preliminary Subdivision of 10.26 acres to create 2 lot. File Number: 25 -PS -07-04-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 16, 2006. She noted the background and history. Representatives of Eagan Hills Alliance Church were present to answer queAfKg§ of the Commission. Chair Hansen opened the public hearing. Scott Bailey, 4246 Augusta Court expressed concerns regarding th"ropos . ansion of the church in regard to drainage, lack of fencing or screening after the exp oirparking 1 prior lights that shine on his property, junk and vehicle storage, noise comiWW-omactivities in the ing lot, and the apparent lack of after hours security of the parking area. JF There being no further public comment, Chair Hansen discussion back to the Commission. Chair Hansen asked for response from staffIaWrding that the action before the Commission is a PQMWR occurring on the property, that would be an enro; before the City at this time. City Planner Ridley°i�atea Grading.. Permit), .landscaping/screening..issues_wpoid typical landscape/screening would soften the vieWi# t Assistant City Engineer SErder stat bat the drainag development. Repres fiWes of the urch stated th measures to correct existiiaainage9sues. clos—efthe pu aring and turneWhe Mr. Bailey's—wAcerns. City Attorney Bauer stated Subdivision ar��rat if there are code violations I�asue handled&itdely from -the application V33Whe time of development (Building or that ighbors, not eliminate it. issues would be addressed at the time of Lare, currently studying and plan to incorporate ........... . Member Dugan. oa�a emberlgWey secOMMIRbotion to recommend approval of a Preliminary Subdivisio %crew"Te riw s upo"i&, acres located at 670 and 700 Diffley Road, in the NW % of Section; legally descriE Lot 1; ick 1 -Sunset 12th Addition and Lot 1, Block 1, Praise Lutheran Chun . ddition subject-tMe folioQN-1ynditions: 1. The dev@ er shall comply�th these standards conditions of plat approval as adopted by Council on February&1993: Al, BrS2, B3, and B4. 2. The property slia1il§splattad. 3. A. cash dedication in'u of on-site water quality ponding for 3.7 acres shall be required, payable at the time of final plat: 4. This development is responsible for a cash trail dedication for 3.7 acres, payable at the time of final Nettie Broyles Page 7 07/13/2006plat at the rates then in effect. 5. This development is subject to cash parks dedications either a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. A vote was taken. All voted in favor. Motion carried 7-0 153 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 16, 2006 APPLICANT: Eagan Hills Alliance Church PROPERTY OWNER: Eagan Hills Alliance Praise Lutheran Church REQUEST: Preliminary Subdivision LOCATION: 670 and 700 Diffley Road COMPREHENSIVE PLAN: QP, Quasi -Public ZONING: PF, Public Facilities SUMMARY OF REQUEST CASE: 25 -PS -07-04-06 HEARING DATE: June 27, 2006 APPLICATION DATE: May 31, 2006 PREPARED BY: Pamela Dudziak The -applicant is requesting approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at south of Diffley Road and west of Dodd Road, in the NW '/4 of Section 25, legally described as Lot 1, Block 1, Sunset 12th Addition and Lot 1, Block 1, Praise Lutheran Church 2nd Addition. AUTHORITY FOR REVIEW 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. 154 Planning Report — Eagan Hills Alliance Church June 27, 2006 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the 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). J. 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." The Eagan Hills Alliance Church property was platted in 1987 as Sunset 12th Addition. The Praise Lutheran Church property was initially platted in 1987, and replatted as Praise Lutheran Church 2°a Addition to incorporate additional land from Sunset 12th Addition in 1994. Eagan Hills Alliance Church is purchasing land from Praise Lutheran Church in anticipation of future expansion. The subdivision is necessary to allow the land transfer. 165 Planning Report — Eagan Hills Alliance Church June 27, 2006 ' Page 3 EXISTING CONDITIONS Each existing parcel contains a church. Eagan Hills Alliance Church takes access off Diffley Road; Praise Lutheran Church takes access off Dodd Road. There are scattered wooded areas on the southern portion of the Praise Lutheran Church parcel, and around the pond on the northwest corner of the Eagan Hills Alliance Church parcel. Praise Lutheran Church has an existing play structure on the 2.15 acres Eagan Hills Alliance Church is purchasing. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — Eagan Hills Church proposes to acquire 2.15 acres of land from Praise Lutheran Church in anticipation of future extension needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two churches. ComRatibility with Surrounding Area — There is no new development proposed at this time, and no new lots created as part of the proposed subdivision. Lots -The proposed lot areas are Lot 1 = 5.8 acres and Lot 2 = 4.46 acres. Setbacks — Public Facilities setbacks apply to both lots. Minimum required setbacks are two feet for every one foot of building height, with a minimum setback of 30 feet and maximum of 50 feet; 50 feet from Diffley Road and 40 feet from Dodd Road. Required parking setbacks are 20 feet from a public right-of-way and residential properties, and 5 feet from other lot lines. Existing Use Zoning Land Use Designation North Single-family R-1, Single-family residential; LD, Low Density Residential; residential; Quest PF, Public Facilities QP, Quasi -Public utility building East Single-family R-1, Single-family residential; LD, Low Density Residential; residential; Fire PF, Public Facilities QP, Quasi -Public Station South Single-family R-1, Single-family residential LD, Low Density Residential residential West Single=farm ly PD; Planned Development LD, Low Derisity-Residential- residential EVALUATION OF REQUEST Proposal — Eagan Hills Church proposes to acquire 2.15 acres of land from Praise Lutheran Church in anticipation of future extension needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two churches. ComRatibility with Surrounding Area — There is no new development proposed at this time, and no new lots created as part of the proposed subdivision. Lots -The proposed lot areas are Lot 1 = 5.8 acres and Lot 2 = 4.46 acres. Setbacks — Public Facilities setbacks apply to both lots. Minimum required setbacks are two feet for every one foot of building height, with a minimum setback of 30 feet and maximum of 50 feet; 50 feet from Diffley Road and 40 feet from Dodd Road. Required parking setbacks are 20 feet from a public right-of-way and residential properties, and 5 feet from other lot lines. Planning Report - Eagan Hills Alliance Church June 27, 2006 Page 4 Site Plan — The existing play structure should be relocated to within proposed Lot 2 (Praise Lutheran Church) prior to final subdivision approval. The site plan shows anticipated future parking expansion for Eagan Hills Alliance Church. The applicant should note that two-way drive aisles must be 24 feet wide. Grading/ Topography - The site is relatively flat and open with a wooded area in the northwest comer. Grading is not proposed at this time, but may be with a future parking lot expansion. The property owner will be required to obtain a City grading permit with any future parking lot expansion in excess of the City code threshold of 10,000 square feet. Storm Drainage — The site is currently served by a storm sewer system. No modifications to the system are necessary with the proposed property line revision. Utilities — The buildings on the site are served by City sewer and water with no changes proposed with this development. Access — No changes to public street access are proposed with this development. Eagan Alliance Church (Lot 1) will continue to take access to Diffley Road (County Road 30) to the north and Praise Lutheran (Lot 2) will maintain public street access to Dodd Road to the east. Interconnection of the two church parking lots is not proposed or planned. Access to Stirrup Street, a City street cul-de-sac, is also not proposed per City conditions of previous development approvals. Easements — Standard public drainage & utility easements cover the current property line between the two lots. The proposed property line revision does not require that this easement be vacated. Standard public drainage & utility easements will be dedicated on over the new common lot line between the two lots. Wetlands/Water Quality — This proposed subdivision was previously:associated with Sunset 12th Addition and Praise Lutheran Church 2nd Addition. City water quality requirements were met through cash dedication in 1994 for the portion platted as Praise Lutheran Church 2na Addition. Water quality requirements have not been met for the remaining 3.8 acres of Lot 1, Block 1, Sunset 12th Addition. In lieu of water quality ponding, a cash dedication is appropriate for this portion of the development. There are no wetlands issues or concerns. Tree Preservation — Tree preservation will be addressed according to the provisions in the City ordinance at such time as expansion of the parking lot or building may occur on either lot. Parks and Recreation — This development is subject to cash parks and trails dedications. With the development of both churches, the park dedication was deferred by the City until such time as the use of the property changed to something other than a church. The applicant is requesting X51 Planning Report — Eagan Hills Alliance Church June 21, 2006 Page 5 that further deferment of park dedications. The continued deferment of park dedications is a policy matter to be determined by City officials. A cash trail dedication was paid on Praise Lutheran Church parcel in 1994. Trail dedication has not been fulfilled for the existing 3.8 -acre Eagan Hills Alliance Church parcel. Therefore, a cash trail dedication on the 3.8 acres is due at this time, payable at the time of final plat. The 2006 rate for trail dedication is $1,251.00 per acre. Financial Obligation — At this time, there are no pending assessments or other financial obligations on the parcels proposed for platting. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at south of Diffley Road and west of Dodd Road. There is no new development proposed at this time. The existing improvements satisfy setbacks and other dimensional standards. Existing drainage and utility easements should be vacated at the time of final subdivision and new easements dedicated with the final plat. Cash water quality and trail dedications are due for the existing 3.8 -acre Eagan Hills Alliance Church parcel. The applicant is requesting continued deferment of park dedications. - - -ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW' V4 of Section 25, legally described as Lot 1, Block 1, Sunset 12th Addition and Lot 1, Block 1, Praise Lutheran Church 2" a Addition. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, and B4. 2. The property shall be platted. 3. A cash dedication in lieu of on-site water quality ponding for 3.7 acres shall be required, payable at the time of final plat. 4. This development is responsible for a cash trail dedication for 3.7 acres, payable at the time of final plat at the rates then in effect. 5. This development is subject to cash parks dedications either a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 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 over all lot lines and, in addition, 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 to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans ,and Specifications 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 cul-de-sac constructed in accordance with City engineering standards. 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 project must be approved 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 approved by Council action. G. Water Ouality Dedication 1: - This--development-shall be- responsible --for -provided-a-cash dedication; - ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be, adhered to, unless specifically granted a Variance by Council action. 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Preliminary Subdivision Submittal Requirements Eagan Hills Alliance Church, 700 Diffley Road, Eagan MN 55123 has an agreement with Praise Lutheran Church, 670.Diffley Road, Eagan, MN 55123 regarding the purchase of approximately 2.15 acres of land from Praise Lutheran. The purpose of this proposal is to request preliminary subdivision approval from the City of Eagan. The proposal will be described below. Comprehensive Guide Plan & Zoning Designation (existing and proposed) — Both Eagan Hills Alliance Church and Praise Lutheran Church are currently designated, as Public Use, and both are churches. There are no plans for either designation to change. This proposal details the transfer of 2.15 acres from Praise Lutheran Church to Eagan Hills Alliance Church. Purpose, Timing, and Phasing — Eagan Hills Alliance, Church is purchasing approximately 2.15 acres of land from Praise Lutheran Church. This purchase essentially moves the property line between the two churches 165 feet to the east. The intention of Eagan Hills Alliance Church is to use this land to expand parking capacity. Currently, Eagan Hills Alliance Church has parking for approximately 106 automobiles. However, current parking needs exceed capacity. Eagan, Hills Alliance Church has experienced substantial growth during the past two years. Average Sunday morning attendance has increased from approximately 250 persons to approximately 500 persons. With this increase has come the need for increased parking capacity: It is anticipated that Eagan Hills Alliance Church will' have the capacity to add up to 200 parking spaces by utilizing the land specific to this application. This parking lot expansion will allow the church to meet current parking needs, and also gives parking options for future church building expansion. If City approval is obtained, it is planned that construction will begin to expand the parking lot to the southern portion of the proposed property in the fall of 2006. Existing Land Uses on Subject Property — The property that is being purchased by Eagan Hills Alliance Church is currently open land with a playground owned by Praise Lutheran Church. Praise Lutheran Church intends to move the playground to another spot on their property during June of 2006. Surrounding Land Uses and Zoning within 660 Feet - Directly to the East of the church building of Eagan Hills Alliance Church is a Qwest Utility Building. Praise Lutheran. Church is located at 670 Diffley Road. There is a Fire Station located on the southeast corner of Dodd Road and Diffley Road. With these exceptions all areas are residential within 660 feet of the property. Park Dedication — It is understood that Park Dedication was deferred for both Eagan Hills Alliance Church and Praise Lutheran Church in the past, pending future changes in use. Eagan Hills Alliance Church and Praise Lutheran Church request further deferment at this time. The proposed use for both churches is not anticipated to change. Agenda Information Memo July 18, 2006 Eagan City Council Meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. DELEGATION AND THE OTHER COMMUNITIES WITHIN THE 65 DB DNL CONTOUR REGARDING LEGISLATION THAT ADDRESSES THE CITIES' REPRESENTATION ON THE METROPOLITAN AIRPORT COMMISSION (MAC) ACTIONS TO BE To direct the Airport Relations Commission (ARC) to enter into discussions with the City's Legislative delegation and the other communities within the 65 dB DNL contour regarding legislation that addresses the cities' representation on the Metropolitan Airport Commission (MAC) FACTS: ➢ Per the direction of the City Council, the Airport Relations Commission (ARC) 2006- __ 2007.Work Plan_ includes_ a_goal_.of..improving.the..representation that_the..City of Eagan receives on the Metropolitan Airports Commission (MAC). ➢ State Senator McGinn and Representative Wardlow attended the June 13 ARC meeting to discuss the City's representation on the MAC, and Representative Wilkin sent correspondence to the City on the subject. ➢ All three legislators have expressed an interest in assisting the City to improve its representation on the MAC. ➢ At the July 12, 2006 ARC meeting, the Commission discussed proposed legislative language to seek changes to the representation, which is enclosed for the Council's review. ➢ It was the consensus of the ARC to seek a seat on the MAC for each of the communities within the 65 DNL in order to garner additional legislative support for the legislation, as opposed to seeking solely a seat for the City of Eagan. ➢ The ARC is now recommending that should it be the direction of the Council to pursue such legislation, that the Commission and City staff first seek out the opinions of the other communities referenced in the proposed legislation, and if, they too are interested in seeking the change, the ARC will have a workshop in August with members of the City's legislative delegation and/or their staff appointees to craft specific legislative language for consideration in the 2007 Legislative session. ATTACHMENTS: ➢ Enclosed on pages 1J8 throughlK is proposed legislative language to seek changes to the City's representation on the Metropolitan Airports Commission. Proposed Language for a Bill Pertaining to City Representation on the Metropolitan Airport Commission (2006-2007 Legislative Session) 1.1 A bill for an act 1.2 relating to the metropolitan airports commission; 1.3 adding mayors to the commissioner membership; amending 1.4 Minnesota Statutes 2002, sections 473.604, subdivision 1.5 1; 473.605, subdivision 2; 473.622; repealing 1.6 Minnesota Statutes 2002, section 473.601, subdivisions 1.7 3, 6. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 473.604, 1.10 subdivision 1, is amended to read: 1.11 Subdivision 1. [COMPOSITION.] The commission consists. of: 1.12 (1) the mayor of each of the cities of Minneapolis, St. 1.13 Paul, Bloomington, Eagan, Mendota Heights, and 1.14 Richfield, or a qualified voter appointed by the mayor, for the. 1.15 term of office as mayor; 1.16 (2) eight members, appointed by the governor from each of 1.17 the following agency districts: 1.18 (i) district A, consisting of council districts 1 and 2; 1.19 (ii) district B, consisting of council districts 3 and 4; 1.20 (iii) district C, consisting of council districts 5 and 6; 1.21 (iv) district D, consisting of council districts 7 and 8; 1.22 (v) district E, consisting of council districts 9 and 10; 1.23 (vi) district F, consisting of council districts 11 and 12; 1.24 (vii) district G, consi. 1.25 14; and 1.26 (viii) district H, consisting of council districts 15 and 2.1 16. 2.2 Each member shall be a resident of the district represented. 2.3 Before making an appointment, the governor shall consult with 2.4 each member of the legislature from the district for which the 2.5 member is to be appointed, to solicit the legislator's 2.6 recommendation on the appointment; 2.7 (3) four members appointed by the governor from outside of 2.8 the metropolitan area to reflect fairly the various regions and 2.9 interests throughout the state that are affected by the 2.10 operation of the commission's major airport and airport system. 2.11 Two of these members must be residents of'statutory or home rule 2.12 charter cities, towns, or counties containing an airport 2.13 designated by the commissioner of transportation as a key 2.14 airport. The other two must be residents of statutory or home 2.15 rule charter cities, towns, or counties containing an airport 2.16 designated by the commissioner of transportation as an 2.17 intermediate airport. The members must be appointed by the 2.18 governor as follows: one for a term of one year, one for a term 2.19 of two years, one for a term of three years, and one for a term 2:20 of four years. All of the terms start on July 1, 1989. The 2.21 successors of each member must be appointed to four-year terms 2.22 commencing on the first Monday in January of each fourth year 2.23 after the expiration of the original term. Before making an 2.24 appointment, the governor shall consulteach member of the 2.25 legislature representing the municipality or county from which 2.26 the member is to be appointed, to solicit the legislator's 2.27 recommendation on the appointment; and 2.28 (4) a chair appointed by the governor for a term of four 2.29 years. The chair may be removed at the pleasure of the governor. 2.30 Sec. 2. Minnesota Statutes 2002, section 473.605, 2.31 subdivision 2, is amended to read: 2.32 Subd.. 2. [PER DIEM, EXPENSES; EXCEPTION.] Each commission 2.33 member shall receive $50 per diem compensation and be -reimbursed 2.34 for actual and necessary expenses. The chair shall receive a 2.35 salary as prescribed in section 15A.0815 and shall be reimbursed 2.36 for reasonable expenses to the same extent as a member. The 3.1 mayors and members of the city councils of Minneapolis a", St. 3.2 Paul, Bloomington, Eagan, Mendota Heights, and 3.3 Richfield shall not be eligible for per diem compensation. The 3.4 annual budget of the commission shall provide as a separate 3.5 account anticipated expenditures for per diem, travel, and 3.6 associated expenses for the chair and members, and compensation 3.7 or reimbursement shall be made to the chair and members only 3.8 when budgeted. 3.9 Sec. 3. Minnesota Statutes 2002., section 473.622, is 3.10 amended to read: 3.11 473.622 [EXISTING AIRPORTS; CONTROL, JURISDICTION.] 3.12 The corporation shall exercise control and jurisdiction 3.13 over any other airport within either 35 miles of the city hall 3.14 of either the city of Minneapolis or St. Paul or within the 3.15 metropolitan area. Control and jurisdiction of the corporation 3.16 over any privately or publicly owned airport shall -be limited to 3.17 control and jurisdiction of the flight and traffic patterns of 3.18 such airport in the interests_of safety of the operation of any 3.19 airport owned or operated by the corporation. No airport shall 3.20 be acquired or operated within the metropolitan area without 3.21 first securing the approval of the corporation, provided, 3.22 however, such approval shall not be withheld except after notice 3.23 to all interested parties and a public hearing held thereon, as. 3.24 provided in section 360.018, subdivision 7, and then only upon a 3.25 finding by the corporation that the acquisition or operation of 3.26 such airport would create a flight hazard to any airport or 3.27 airports owned or operated by it. As to any airport once 3.28 licensed with the approval of the corporation, approval of the 3.29 continued operation of such airport shall at no time be 3.30 withdrawn by the corporation except after notice to all 3.31 interested parties,, a public hearing had, and a finding by the 3.32 corporation based on substantial evidence that the operation of 3.33 such airport is inconsistent with the safety of flight to and 3.34 from an airport owned or operated or presently to be or being 3.35 constructed to be operated by the corporation, and then only 3.36 after payment of just compensation to cover the loss sustained 4.1 by reason of such withdrawal, such just compensation, if not 4.2 arrived at by agreement, to be ascertained in the condemnation 4.3 of said airport by the corporation under the power of eminent 4.4 domain, the .commission to institute the condemnation proceedings 4.5 promptly and to pay in connection with the prosecution thereof 4.6 all reasonable and necessary expenses incurred not only by it 4.7 but also by the owner of such airport. 4.8 Sec. 4. [REPEALER.] 4.9 Minnesota Statutes 2002, section 473.601, subdivisions 3 4.10 and 6, are repealed. !m9 AGENDA . CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 18, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE M]NUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — NICOLS RIDGE — Request for Extension of Occupancy Agreement, MEI Distribution Solutions, 4040 Cedar Grove Parkway 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement for 3912-3914 Cedarvale Drive (Buildings A and B), Lyndon Nelson Property 3. CEDAR GROVE REDEVELOPMENT DISTRICT — Resolution to Approve an Amendment of the Core Area TIF Development Agreement between the City of Eagan and Schafer Richardson F. OTHER BUSINESS G. ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting July 18, 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run � concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the July 69 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the July 6, 2006 EDA meeting on pages �� Z�1`]3 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 6, 2006 A meeting of the Eagan Economic Development Authority was held on Thursday, July 6, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Maguire seconded a motion.to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the May 16, 2006 meeting as presented. Aye: 5 Nay:0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT CONSIDER APPROVAL OF ADVANCE PAYMENT OF RELOCATION BENEFITS TO SOUTHEAST ENTERTAINMENT ENTERPRISES, INC. (GRAND SLAM) Community Development Director Hohenstein discussed the proposed advance payment of relocation benefits to Grand Slam. Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve advance payment of relocation benefits to Southeast-' Enterprises, Inc. (Grand Slam). Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT SCHEDULE PUBLIC HEARING TO CONSIDER THE USE OF EMINENT DOMAIN FOR THE ACQUISITION OF THE ALL AMERICAN RECREATION PROPERTY AT 3820 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the proposed public hearing to consider the use of eminent domain for the Acquisition of the All American Recreation property. rte. Commissioner Maguire moved, Commissioner Fields seconded a motion to schedule a public hearing on August 3, 2006 to consider the use of eminent domain for the acquisition of the All American Recreation Property at 3830 Sibley Memorial Highway. Aye: 5 Nay: 0 OTHER BUSINESS Staff noted that a closed session of the EDA would be held to discuss matters pertaining to relocation benefits for Cedarvale Mall tenants. There was no other business. The meeting was adjourned following the executive session at 8:15. 113 Agenda Memo Eagan Economic Development Authority Meeting July 18, 2006 1. CEDAR GROVE REDEVELOPMENT DISTR,ICT — RESOLUTION TO EXTEND OF OCCUPANCY AGREEMENT. MEI . DISTRIBUTION SOLUTIONS, 4040 CEDAR GROVE PARKWAY ACTION TO BE CONSIDERED: To adopt a resolution to extend the occupancy agreement for MEI Distribution Solutions, 4040 Cedar Grove Parkway and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. FACTS: • As part of the redevelopment of the Cedar Grove Redevelopment Area, the City purchased the property MEI Distribution Solutions (Wade and Debbie Yarbrough) Property at 4040 Cedar Grove Parkway in September 2005. The property will be resold to Lennar Corporation for a future phase of the Nicols Ridge development. • At the time of the purchase, the City entered into an occupancy agreement in which the City would lease the property back to the Yarbroughs for a dollar for one year as.. part. of the _consideration for the_ property, _The _current agreement runs through September 15, 2006. • The Yarbroughs have requested an extension of the lease under its current terms through December 31, 2006. The Yarbroughs have submitted correspondence outlining the responsibilities that they will continue to carry out for the lease extension period, which has value for the City while other tenants occupy the building. They indicate that the extension will also preclude the City's cost of a double move, if they need to relocate sooner. • The City's policy is to require tenants who remain in acquired properties to continue to pay market rents to the City while searching for relocation sites. Exceptions have been considered in cases in which a previous owner remains as a tenant of the property for a period of time and part of the consideration for the sale of the property is low or no -cost occupancy agreement. • The City's relocation consultant has advised that MEI's continued occupancy of the site will facilitate their relocation later this year. ATTACHMENTS: • Request letter onp e • Area map on page l�P • Resolutions on pages 11 ' 09, 114 Jul 10 06 01:57p Debbie Yarbrough 6514526722 p.2 July 10th, 2006 Mr. Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Jon, I am in receipt of your letter dated July 7th, 2006 regarding the extention of our lease at 4040 Cedar Grove Parkway. While I understand the need for the City to collect rent from MEI and a logical place to start is to compare the space and lease payments of the other tenants in the building there is a difference. Under the terms of our lease we are responsible for the following: 6. Maintenance and Repair b. BYTenant. Tenant promises, at Tenant's expense, to maintain the Property and the entire Building (including its utility systems, e.g. the heating, electrical, plumbing or air conditioning systems) and surrounding property in a neat and orderly condition, including mowing and snowplowing. Tenant agrees to eliminate any. violation of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Tenant or the Tenant's family, agent or guest. Tenant shall comply with all the sanitary laws affecting the cleanliness, occupancy and preservation of the Building. I also have been paying for all garbage removal, dumpster, water bill, alarm system, half of lower level utilities (since GDX Paintball ceased paying), all cleaning supplies and consumables to maintain lower level and common areas. Jon, thank you for your time on this matter. As I mentioned I am having eye surgery in mid July. This is part of my consideration for asking for an extension. If it is going to take a lot of time on both our parts we can move as per our original lease date of September 15th, 2006. Taking the above into consideration please come up with a lease figure or let me know if you would prefer not extending. Sincerely, f. Debb' Yarbro C'- 115 0 326 650 1,300 *MvoFaugan Feet Cedar Grove Redevelopment Area 4040 Cedar Grove Parkway II(A EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING EXTENSION OF THE OCCUPANCY AGREEMENT, MEI DISTRIBUTION SOLUTIONS BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve an extension of the Occupancy Agreement, MEI Distribution Solutions, 4040 Cedar Grove Parkway. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 18& day of July, 2006. Jon Hohenstein, Secretary/Deputy Executive Director III CITY OF EAGAN RESOLUTION APPROVING EXTENSION OF THE OCCUPANCY AGREEMENT, MEI DISTRIBUTION SOLUTIONS BE IT RESOLVED by the Eagan City Council to approve an extension of the Occupancy Agreement, MEI Distribution Solutions, 4040 Cedar Grove Parkway. Motion by: Second by: Those in Favor: Those Against: - _ ... ..... _.._.............. CERTIFICATION I, Maria Petersen, 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 in a regular meeting thereof assembled this 18" day of July, 2006. Maria Petersen, City Clerk Agenda Memo Eagan Economic Development Authority Meeting July 18, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT PROPERTY, 3912-3914 CEDARVALE DRIVE ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement and related documents for the Lyndon Nelson property, 3912-3914 Cedarvale Drive and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the voluntary acquisition of properties in which there is a wiling,seller. • The City was approached by the Lyndon Nelson, owner of the properties at 3912- 3914 Cedarvale Drive. At its meeting of May 2, 2006, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $252,500. The price is supported by the seller's appraisal and a review by the City's appraiser. The purchase agreement and related documents are in order for consideration at this time. Part of the consideration for the sale is continued occupancy of the property by the seller for a dollar for a period of one year. ATTACHMENTS: • Area map on page �� • Resolutions on pages • Purchase Agreement, Lease Agreement and related documents available upon request. 119 0 325 850 1, FDD dty 4oFaagan Cedar Grove Redevelopment Area Lyn Nelson Property (3912-14 Cedar Grove Pkwy) EAGAN ECONOAHC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR 3912-3914 CEDARVALE DRIVE - LYNDON NELSON PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for 3912-3914 Cedarvale Drive (Buildings A and B), the Lyndon Nelson Property, in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting. thereof assembled this 18t' day of July, 2006. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR 3912-3914 CEDARVALE DRIVE - LYNDON NELSON PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for 3912-3914 Cedarvale Drive (Buildings A and B), the Lyndon Nelson Property, in the Cedar Grove TIF District for redevelopment purposes Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, 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 in a regular meeting thereof assembled this 1 e day of July, 2006. Maria Petersen, City Clerk 0 Agenda Memo Eagan Economic Development Authority Meeting July 18, 2006 3. CEDAR GROVE REDEVELOPMENT DISTRICT — AMENDMENT OF THE CORE AREA TIF DEVELOPMENT AGREEMENT REGARDING THE DEVELOPMENT SCHEDULE ACTION TO BE CONSIDERED: To adopt a resolution approving an Amendment of the Core Area TIF Development Agreement Regarding the Development Schedule between the City of Eagan and Schafer Richardson and authorize the EDA President and Executive Director, Mayor and City Clerk to execute the related agreements. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the. Pity's plans for the area. • Under the TIF Development Agreement between the City and Cedar Grove Development Corp., which was. approved by the EDA and City Council at its meeting, of January 17, 2006 and amended on May 16, 2006, the developer and the City set out dates for several actions that will lead up to the commencement of the redevelopment of the core area. They include dates for the submission of a Phase I Site Plan, submission of a development application, submission of written affirmation of an intent to proceed with the development and a deadline for the purchase of the Cedarvale Mall by the developer from the City. • As the Developer's staff has proceeded with preparation of the Phase I Site Plan, they have identified issues that they want to address prior to proceeding with the submittals. Those issues are outlined in the attached correspondence. They relate generally to the results of an updated market study,'additional input from prospective commercial tenants about the layout of the commercial segments of the property and project cost analyses. They have requested consideration of a revised schedule Postponing the dates noted above by approximately three months in each case. The developer has also noted that the current schedule likely would have resulted in spring construction activity and that the additional work should not substantially shift that schedule. • In the meantime, the City would proceed with the acquisition of the Cedarvale Mall and the tenant relocation activities to provide for the orderly transition of that property to be development ready at the conclusion of the proposed timeline. ATTACHMENTS: • Request letter on pages Iu& • Area map on page el • Resolutions on pages .�gj T • Development Agreement and First and Second Amendment available on request. Cedar Grove Development Corp. 6151st Avenue NE, Suite 500 Minneapolis, MN 55413 July 12, 2006 Mr. Jon Hohenstein City of Eagan and the Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Cedar Grove Redevelopment Project Timeline Proposal And Second Amendment to Development Agreement Dear Jon: As we have discussed over the past several weeks, we have encountered several substantial issues which have delayed the timeline for the Cedar Grove project - we received the market study for the project prepared by Maxfield, we have revisited the program and the site plan for the project, and cost estimates have continued to escalate faster than we can create revenue to offset the costs. Maxfield market study. When we received the Maxfield report on May 315t, we were very surprised by the estimated condominium absorption of 2.5 - 3 units per month for the first -phase.- This .would.mean a-12 -15-year-.absorption schedule -for -the 445.. _ _ ._ -_ _. condominiums currently programmed. This is far too long. Our financing for the project will not work on this schedule, and this timeline would increase our risk exposure past what we believe is prudent. Program and site plan. One of our responses to the market study is to decrease the number of condominiums in the project. The likely replacements for these condos are more retail space, more rental housing, and possibly office space (the affordable housing requirements would be adjusted as appropriate to maintain the 20% called for in the Development Agreement). These adjustments will have a significant impact on the overall site plan, and it will take time to incorporate the changes into a revised site plan for City review and approval. At the same time,we have heard from retail experts and some potential tenants that the layout of the east end of the site is less than optimal for the needs of commercial tenants. We have engaged a noted retail site planner to help us program this part of the site to provide an environment more conducive to making the commercial space successful. Similarly, it will take time to incorporate these changes into a revised site plan for City review and approval. Project cost increases. As we have worked with our civil engineer and other consultants, we have revised our estimates for specific line items within the proforma. Cost estimates for the project have increased more that $5 million since the Mr. Jon Hohenstein City of Eagan and the Eagan Economic Development Authority July 12, 2006 Page 2 Development Agreement was signed. It will take time to understand the costs, reduce costs wherever possible, and work in partnership with the City to figure out ways to bring the costs and the revenues into balance. Jon, I hope this information is useful to you, the City Council, and the BDA as you evaluate our request to. extend the project timeline as described in the Second Amendment to the Development Agreement. Please let me know if I can answer any questions. Thank you for your consideration. Sincerely, David K Frank Project Manager . 0 325 650 1,300 Feet *-MVOF O'ngun . Cedar Grove Redevelopment Area Core Area and Cedarvale Mall Property EAGAN ECONOMIC DEVELOPMENT AUTHORITY . RESOLUTION TO APPROVE THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF EAGAN AND CEDAR GROVE DEVELOPMENT CORP. RELATED TO THE DEVELOPMENT OF THE CORE REDEVELOPMENT AREA BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Second Amendment to Development Agreement Dated January 17, 2006 Relating to Tax Increment Financing District No. 1 Between the City of Eagan and Cedar Grove Development Corp. related to the development of the core redevelopment area in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 18" day of July, 2006. Jon Hohenstein, Secretary/Deputy Executive Director M CITY OF EAGAN RESOLUTION TO APPROVE THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF EAGAN AND CEDAR GROVE DEVELOPMENT CORP. RELATED TO THE DEVELOPMENT OF THE CORE REDEVELOPMENT AREA BE IT RESOLVED by the Eagan City Council to approve the Second Amendment to Development Agreement Dated January 17, 2006 Relating to Tax Increment Financing District No. 1 Between the City of. Eagan and Cedar Grove Development Corp. related to the development of the core redevelopment area in the Cedar Grove Redevelopment District. Motion by: Second by: Those inFavor: Those Against: CERTIFICATION I, Maria Petersen, 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 in a regular meeting thereof assembled this I e day of July, 2006. Maria Petersen, City Clerk nZ Agenda Information Memo Eagan Economic Development Authority Meeting July 189 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. ian • . ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA JULY 17, 2006 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS • DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity • � "TIPP City of Evan �cmo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 17, 2006 SUBJECT: ADMINISTRATIVE AGENDA / JULY 189 2006 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves the right to schedule an Executive Session for matters of threatened or pending litigation or personnel/labor relations. CITY ADMINISTRATOR There are no items at this time. • DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update — Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on pages through „7, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. Item 2. Development/Construction Activity — Per the Council's request, Community Development staff will provide bi-weeklyupdates of larger development and construction activity. The current update is enclosed on page . /s/ Thomas L. Hedges • City Administrator • City of NOaR �eoo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 17, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Cedarvale Mall Acquisition - The City will be able to take possession of the mall on September 1, 2006. • First Phase Development Plans — In the EDA actions, the developer is proposing a three month extension of deadlines for submission of Phase I concept plans, development applications, notification of intent to proceed and the their purchase of the mall property. • Silver Bell Center Remodeling — The owners of Silver Bell Center have indicated that they continue to pursue a refacing and remodeling of the shopping center to meet the CGD standards. The lease agreements for Cedarvale Barbers, Mike's Shoe Repair, Cedarvale Tailors and Burton's Frame Shop have been executed. The authorization of the Mall acquisition will permit those businesses to have their tenant improvements done to permit them to move to their new locations in late summer or early fall. • • Acquisition and Relocation Plans — Staff is in contact with the owner the Shell Station and are waiting for appraisals from Ellingson and Associates and Steve Martin for to negotiate the acquisition of those properties. Staff has also discussed possible acquisition with the owners of the Sinclair Station and Kelly Plourde Sales. Several other property owners are actively seeking new sites for their businesses. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. Northeast Easan Redevelopment District • Grand Oaks Development — Construction is complete on first office building, retail center and bank building. Construction is also underway on the Grand Oak 11 office building on the former site of the TMI building. • TMI Relocation Assistance Appeal — TMI has submitted a written request for a hearing to consider their appeal on relocation claims that the City's relocation consultant has denied, for various reasons. The hearing officer under the policy is the Inver Grove Heights City Attorney. That office is in the process of requesting detailed background on the claim from TMI, which will be necessary before they can schedule a hearing date. • McGough Office Project — The developer has submitted a final offer to Roger Reiling for the proposed acquisition of his property. If that results in a sale, it is possible that two of the other properties would also sell on similar terms. If it is not successful, the City Attorney's office is prepared to proceed with notices to the owners of the City's intent to acquire the properties under the Council's previous authorization. The City Attorney's office has had appraisals of the property prepared and is in a position proceed. 0 . • Hwy 55 Parcels — Greg Miller of Interstate Partners has approached staff regarding their negotiations to acquire the Cheney property and a portion of the DART Transit property in that part of the District south of Hwy 55 for possible redevelopment as an office showroom product similar to Grand Oak 6. If the negotiations are successful, Interstate would ask the City to consider assistance with the acquisition of the motel property and the installation of public improvements in the area. The concept plan does not include the Hose -Conveyor building or the two DART parcels closest to the Hwy 55-149 intersection. Staff has asked Interstate to submit a TIF application and project proforma to permit it to be reviewed for EDA consideration. Southeast Eagan Renovation and Renewal District • The City Council approved the resolutions authorizing the creation of the district on June 20. Staff will proceed with negotiations of a development agreement with Revestors relative to assistance with extraordinary costs associated with the first phase of the Red Pine Crossing development. General Redevelopment • Impact of Eminent Domain Legislation on Redevelopment Districts — In consideration of the 2006 law changes, staff, Ehlers and Associates and the City Attorney will develop a property acquisition plan for the two Eagan Redevelopment Districts that were in place prior to February 1, 2006. Acquisition must occur within five years of the certification of the district, which will be August 8, 2007 in the case of the Northeast Eagan District and July 22, 2008 in the case of the Cedar Grove District. • 0 Abbk,- Citi of Eagan demo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: July 12, 2006 SUBJECT: DevelopmentlConstruction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued • Address Business Name Valuation Type 800 Lone Oak Rd Dart Transit . 21600,000 Comm Add 6.10 Opperman Dr Thomson Legal 842,000 Comm Impr 950 Apollo Rd Iron Mountain 659,000 Comm Impr 2900 Lone Oak Pkwy A.I.G. 320,000 Comm Impr - Development Update ➢ Planning and Engineering staff met recently with the Scenic Enterprises ownership group to discuss Business Park development for the 85 acres located north of Lone Oak Road in northeast Eagan. ➢ Other development interest has been indicated recently for the northwest corner of Lexington Avenue and Lone Oak Road, the south side of Yankee Doodle, east of Highway 149 and acreage parcels located on the east side of Highway 13, just north of Transport America. Staff will be happy to provide a brief overview of these items and/or respond to questions at Tuesday's meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. 0 IMMuilding Activity Reports/Commercial Reports for CC/EOOIi City of Eapn Nemo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 17, 2006 SUBJECT: ADDITIONAL INFORMATION / JULY 18, 2006 CITY COUNCIL MEETING There are no items at this time. • /s/ Thomas L. Hedges City Administrator •