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12/19/2006 - City Council Regular (2)AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING December 19, 2006 6:30 P.M. L ROLL CALL & PLEDGE OF ALLEGIANCE p. IL ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS A. Recognition of Mayor Pat Geagan IV. CONSENT AGENDA P• P• 13 P. p. 2'1 P• 29 32 •p- 50 P 53 514 p. 85 P•$('0 Be P•�o lJ qr P.P. �3 P - j 0Z5" 10 Pim V. r, 1' A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS D. APPROVE 2007 Enterprise Fund Budgets for Water, Sanitary Sewer, Street Lighting, Storm Drainage, and Water Quality, and Community Center Fund E. APPROVE 2007 Special Revenue Budgets, including Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, and Cable Franchise Fees Fund F. APPROVE 2007 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television Budgets G. APPROVE Resolution Authorizing Check Signators at Anchor Bank H. APPROVE Eagan PSAP Joint Powers Agreement with the DCC I. APPROVE Joint Powers Agreement with the Retirement Enhancement and Benefits Alternatives Trust III (REBA III) J. APPROVE 2007 Tobacco License Renewals K. APPROVE 2007 Trash Hauler License Renewals L. APPROVE 2007 Tree Contractor License M. APPROVE Updated Business Assistance Policy and Related Public Financing Policies N. APPROVE 2007 Fee Schedule for Consulting Engineering Contracts O. APPROVE Encroachment and Maintenance Agreements — Steeplechase (Landscaping, mailbox shelters and storm drainage structures) P. APPROVE Modification of Municipal Agreement, Contract 06-01 (TH 149 Upgrade) Q. RECEIVE Feasibility Report and Schedule Public Hearing (January 16, 2007) for Project 950 (Opperman Drive & TH 149 -Intersection Reconfiguration R. APPROVE Federal Participation in Advance Construction Agreement, Contract 06-01 (TH 149 Upgrade) S. APPROVE Traffic Signal Agreement with Dakota County, Central Parkway & Pilot Knob Road T. APPROVE Easement Agreement for Parcel 10-87000-011-00, Project 778 (TH 149) U. Removed V. Removed W. APPROVE Final Subdivision (Town Centre 100 2& Addition) X'APPROVE Resolution accepting a $1,525.12 donation from the Eagan Firefighters Relief Association Y. APPROVE Agreement for the City of Eden Prairie to extend website services support to the City of Eagan Z. Removed AA. APPROVE 2007 Renewal of Contract with Lifeworks, Inc. BB. DIRECT staff to proceed with a rezoning process for property legally described as Lot 9, Block 1, Letendre Addition No. 3 and located at 3206 Sibley Memorial Highway in the SW'/. of Section 9. CC. APPROVE extension of final Subdivision for recording, Lo Nidy, located in the NW %4 of Section 13. DD.ACCEPT donation of personal property located in the Eagan Art House from the Dakota Center for the Arts. PUBLIC HEARINGS F, 109 A. 2006 (Payable 2007) PROPERTY TAX LEVY ,p' 0 B. 2007 GENERAL FUND BUDGET . ` 13 C. 2007 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET p D. PROJECT 946, Thomas Center Drive, Street Overlay and Trail Improvements P•F* .�PROJECT 948, Westbury Addition, Street Overlay `�y�. PROJECT 949, Lexington Square, Street Overlay VL OLD BUSINESS I;. aN A. 2007 FEE SCHEDULE — Establishing Fees for Various City Services, Supplies and Materials 13P. YANKEE DOODLE ROAD CORRIDOR AND ACCESS MANAGEMENT STUDY (06 -RAS -02) q I�C. VACATION of Drainage and Utility easements (Lots 1 & 2, Block 1, Silicon Graphics Addition and Final Subdivision (Waters Annex), CSM Equities, LLC DaS 0 D. Consider FINAL PLANNED DEVELOPMENT (Lot 1, Block 1, Waters Annex) White House Custom Colour, Inc. E. Consider CAPONI ART PARK & LEARNING CENTER Tunnel Fence Removal PVIL NEW BUSINESS VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE ,QV W IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B.Adopt Agenda pa(00 C. Approve Minutes D. Old Business 21. CEDAR GROVE REDEVELOPMENT DISTRICT — Direction regarding the Core Area Redevelopment 'J N Agreement with Schafer Richardson. �7b 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Occupancy Proposal for Grand Slam at Cedarvale Mall E. New Business F. Other Business G. Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIIL 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 boors is received, the City of Eagan will attempt to provide such aid. City of Earn Yeo TO: HONORABLEMAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 15, 2006 SUBJECT: AGENDA INFORMATION FOR DECEMBER 19, 2006 CITY COUNCIL MEETING. ADOPT AGENDA After approval is given to the December 19, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 19, 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 NIINUTES ACTION TO BE CONSIDERED: To approve the minutes of the December 4, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the December 4, 2,006 regular City Council meeting are enclosed on pages 3 through A . MINUTES OF A REGULAR MEETING OF THE ®� EAGAN CITY COUNCIL /9 Eagan, Minnesota i r December 4, 2006 A Listening Session was held prior to the regular City Council meeting on December 4, 2006 in the Eagan Room. A representative of Wescott Townhouse Association invited the Mayor and Councihnembers to attend an open house at Eagan Hills Condominiums to be held December 10, 2006 which will benefit Dakota Woodlands. A regular meeting of the Eagan City Council was held on December 4, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councihnembers Fields, Tilley, Carlson, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Engineer Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 21, 2006 special City Council meeting and the November 21, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Julie Anderson as a part-time recreation program supervisor effective Januaryl, 2007. 2. It was recommended to approve the hiring of Elizabeth Bentson as a part-time Clerical Tech III in the Police Department. 3. Ratify Teamsters Maintenance Contract C. Check Registers. It was recommended to ratify the check registers dated November 23, 2006 and November 30, 2006 as presented. D. General Insurance Renewal, It was recommended to approve the general insurance renewal for the period 7-1-06 to 7-1-07. E. 2007 General Legal Services Hourly Rates. It was recommended to approve the 2007 General Legal Services Hourly Rates. F. 2007 License Renewals for Pet Shoes and Kennels It was recommended to approve the 2007 kennel and pet shop license renewals subject to payment of fees ad compliance with requirements of the application. G. 2007 Pigeon License Renewal. It was recommended to approve the 2007 License to Harbor Carrier / Homing / Racing Pigeons for Eric Drenckhahn, 2811 Pilot Knob Road. H. CDBG Funding. It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2007 to the Daktoa County Community Development Agency. 1. Extension for Recording Plat. It was recommended to approve a 90 -day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE '/4 of Section 36. J. Resolution. It was recommended to approve a Resolution in support of adding the Mothers property at 3388 Mike Collins Drive to the Bioscience Zone application from Dakota and Goodhue Counties. K. Project 778. It was recommended to approve a Joint Powers Agreement for Project 778 (Trunk Highway 149 — Street Upgrade) with the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. 3 Eagan City Council Meeting Minutes December4,2006 Page 2 DRAFT L. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for the proposed Waters Annex development. M. Project 944. It was recommended to receive the Draft Feasibility Report for Project 944, Killdeer Addition (Joyce Court — Street Improvements) and schedule a public heating to be held on January 2, 2007. N. Proiect 945. It was recommended to receive the Draft Feasibility Report for Project 945, Sheffield Addition (Sudberry Lane — Street Improvements) and schedule a public hearing to be held on January 2, 2007. O. Project 947. It was recommended to receive the Draft Feasibility Report for Project 947, (Fawn Ridge V / 2w Additions — Street Improvements) and schedule a pubic hearing to be held on January 2, 2007. P. Proiect 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-30601-050-00 and authorize the Mayor and City Clerk to execute all related documents. Q. Access ement Study. It was recommended to approve a Cost Participation Agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Road (Denmark Avenue to TH 149) and authorize the Mayor and City Clerk to execute all related documents. R. Contract 05-03. It was recommended to approve the final payment for Contract 05-03 (Well No. 21 — Development and Pumping Equipment) in the amount of $22,572.04 to Mark J. Traut Wells, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. S. Heart Healthy Living Program. It was recommended to approve the renewal of a contract with Heart Helathy Living, PA. for 2007 to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. T. Lease. It was recommended to approve a lease renewal for Burnsville Eagan Community Television at its current location. U. Policies and Procedures. It was recommended to approve a resolution regarding policies and procedures governing the receipt and review of applications for additional Cable franchises. V. Opposition to Legislative Proposals. It was recommended to approve a resolution stating opposition to Legislative proposals that remove Cable Television Build -Out Provisions from Chapter 238 of Minnesota State Law and forward copies of this resolution to Eagan's state legislative delegation and the League of Minnesota Cities. W. Extension for Recording Final Plat. It was recommended to approve a 90 -day extension of time to record the final plat for Oakview Center 2' Addition, located south of Lone Oak Road and north of Highway 55 in the NW 'I. of Section 12. X. Proiect 950. It was recommended to receive the petition and authorize the preparation of a feasibility report by Bonestroo and Associates for Project 950 (Opperman Drive and TH 149 -Intersection Reconfiguration). PUBLIC HEARINGS PROPERTY BUDGET AND PROPERTY TAX LEVY FOR 2007 — TRUTH IN TAXATION HEARING City Administrator Hedges introduced this item regarding the proposed Budget and property tax levy for 2007. He discussed the 2007 Special Service District Budget. Councihnember Carlson moved, Councihnember Tilley seconded a motion to close the public hearing and set the 2007 Cedarvale Special Services District levy and budget considerations for the December 19, 2006 City Council meeting. Aye:5 Nay:0 Administrator Hedges made a presentation on the budget and property tax levy for 2007. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councibnember Tilley moved, Councilmember Fields seconded a motion to set the 2007 General Levy and General Fund Budget considerations for the December 19, 2006 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 4, 2006-DRAFT 006Rq , c T Page 3 I LOT 1, BLOCK 1, CENTENNIAL RIDGE 2ND (LENA COURT) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility easements within Lot 1, Block 1, Centennial Ridge 2°d Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing and apwrove the vacation of a portion of public drainage and utility easements within Lot 1, Block 1, Centennial Ridge 2° Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 LOTS 1 & 2, BLOCK 1, SILICON GRAPHICS IST EASEMENT VACATION City Administrator Hedges introduced this item regarding the easement vacation for Lots 1 and 2, Block 1 Silicon Graphics 1° Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to close the public hearing and continue consideration of the public easement vacation for formal consideration with the Final Plat for the Waters Annex Addition. Aye:5 Nay:0 PROJECT 776, YANKEE DOODLE ROAD FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Yankee Doodle Road street and utility improvements. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. Tim Keane representing the Virginia Fox family and Gopher Refining noted their objection to the final assessment. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 776 (Yankee Doodle Road — Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll for the Lexington Avenue, Lone Oak Road to Trunk Highway 55 street reconstruction and overlay. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 — Street Reconstruction and Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 4,-2006 DRAFT Page 4 PROJECT 928, MEADOW VIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Meadowview Road / Alexander Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Three property owners expressed their opposition to the proposed assessments. City Engineer Matthys explained the proposed assessment policy and rate. Public Works Director discussed the background of the assessment process for this property. Council agreed to continue the public hearing pending further review of the City assessment policy in regard to this project by the Public Works Committee. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the Final Assessment Roll for Project 928 (Meadowview Road / Alexander Road — Street Improvements) to February 20, 2007 and direct the Public Works Committee to review the issue. Aye: 5 Nay: 0 There was no old business. OLD BUSINESS NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCE — RICHARD SKINN City Administrator Hedges introduced this item regarding a request for a Conditional Use for outdoor storage, for property located at 4890 Biscayne Avenue. City Planner Ridley gave a staff report. Don Weber, owner of Sierra Metals, discussed hours of operation, stating that work would not begin prior to 8:00 a.m. in an effort to eliminate noise early in the morning. He stated without the conditional use permit, he will be unable to conduct business in the City of Eagan. Brent Koth, 545 Spruce Street, discussed noise coming from the business early in the morning. He also stated that the variance is very excessive. Richard Skim, owner of the property, discussed the history of the 33 foot piece of property adjacent to Gun Club Road. He has his surveyor working to determine if the vacated right-of-way has reverted to his ownership. Council discussed the possibility of an interim use permit being more appropriate for this request rather than a conditional use permit due to the property being adjacent to a residential area Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to explore the possibility of an Interim Use Permit for outdoor storage, for property located at 4890 Biscayne Avenue to the February 6, 2007 regular City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley was absent for the remainder of the meeting. CONDITIONAL USE PERMIT AND VARIANCE — WENSMANN HOMES INC. City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for outdoor storage, and a variance of a 40 -foot rear yard, 20 -foot north side yard and 10 -foot south side yard setback for property located at 4870 Biscayne Avenue. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes. December 4, 2006 Page 5 ®RAFT Terry wensmann, applicant, discussed proposed conditional use permit, noting that his business is not adjacent to a residential area. Brent Koth requested uniformity in the fencing of the businesses adjacent to the residential area. CouncHmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage, for property located at 4870 Biscayne Avenue, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A revised site plan indicating the storage area for the above ground fuel storage details as required by the Fire Marshal shall be submitted. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 31, 2006. 4. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than July 1, 2007. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be properly maintained to prevent deterioration. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of a 40 foot rear yard, 20 -foot north side yard and 10 -foot south side yard setback, for outdoor storage on property located at 4870 Biscayne Avenue in the SE 1/4 of Section 36, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The height of the outdoor storage shall be screened via landscaping or a privacy fence on the property. ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11, Section 11.70, Subdivision 28 regarding signage inspections. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.70, Subdivision 28, to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 4 Nay: 0 ' LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no update. It was noted that there would not be a meeting of the Economic Development Authority. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue the Economic Development Authority meeting to December 19. ADMINISTRATIVE AGENDA City Administrator Hedges noted that there would be a closed session of the Council after the regular meeting. VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes December 4, 2006 Page 6 ®,pq 14-1. Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:55 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. Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Parttime Fitness Attendants/Community Center— ACTION TO BE CONSIDERED: To approve the hiring of Bridget Faney and William Bigelow as part-time fitness attendants at the Community Center. Item 2. Resignation/Crime Analyst— ACTION nalyst ACTION TO BE CONSIDERED: To accept the letter of resignation from Evan Marshall, Crime Analyst in the Police Department, and to authorize advertisement for replacement of this position. Item 3. Occupational Health Services Contract— ACTION TO BE To approve the engagement of services to be provided by Twin Cities Occupational Health as the City's occupational health services provider for 2007 and 2008 contingent upon City Attorney and City Administrator's review. . Item 4. Clerical Teamsters Bargaining Unit Contract— ACTION TO BE CONSIDERED: To ratify the Clerical Teamsters Bargaining Unit Contract for 2007. Item 5. Memorandum of Agreement/Dispatchers' Severance Pay— ACTION TO BE To approve the Memorandum of Agreement between the City of Eagan and the Dispatchers regarding Dispatchers' severance pay. The agreement is available in the City's Administrator's office for review. Agenda Information Memo December 19, 2006 Eagan City Council Meeting Item 6.2007 Compensation - ACTION TO BE • To approve a 3.5% annual wage adjustment to the 2007 non —union Compensation Plan for all regular non -collective bargaining employees, effective the full payroll closest to January 1, 2007. The July 2005 to July 2006 Consumer Price Index - Urban Wage Earners and Clerical Workers is 3.5% and Eagan's approved union settlements in place for 2007 are at the 3.5% level. Increases for comparable cities range between 3 and 3.5 per cent depending upon unique circumstances in the individual cities. • To approve a 3.5% adjustment to the Directors' car allowances. To approve the 2007 City Administrator compensation as follows: o increase compensation per salary cap legislation. o Provide an additional vacation accrual of 45.17 hours and authorize the City Administrator to exceed.the vacation accrual cap by up to that amount. o Continue to provide a car allowance at the 2006 rate. • To approve an annual wage adjustment to the Parks & Recreation 2007 Seasonal Compensation Plan and for temporary, seasonal, and recurring non -collective bargaining employees between 0% and 3%. To adopt the IRS mileage rate effective January 1, 2007. The current IRS rate for 2007 is 48.5 cents per mile. Should the 2007 rate change, the City's reimbursement will automatically adjust to the new rate. Item 7. Cafeteria Plan - ACTION TO BE • To approve the amendment and restatement of the City's Cafeteria plan to provide for the reimbursement of medical and employment-related dependent care expenses and to provide medical insurance coverage and direct compensation and to authorize the Mayor and City Clerk to execute the Plan on behalf of the City. Agenda Information Memo December 19, 2006 Eagan City Council Meeting Item 8. VEBA Basic Plan Adoption Agreement— ACTION TO BE • To approve the Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Basic Plan Adoption Agreement for City of Eagan. As part of the City 2007 health insurance reform, a Voluntary Employees' Beneficiary Association (VEBA) is being offered to employees. At the November 21, 2006 meeting America's VEBA Solutions was approved to provide administrative services for implementation of the pian. This approval provides for the Basic Plan Adoption. Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 7, 2006 and December 14, 2006 as presented. ATTACHMENTS: • Check registers dated December 7, 2006 and December 14, 2006 are enclosed without page number. Agenda Information Memo December 19, 2006 Eagan City Council Meeting D. Approve Proposed 2007 Public Utilities Enterprise F and Budget (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality) and Community Center Budget. ACTION TO BE CONSIDERED: Approve the proposed 2007 budgets for the Public Utilities Enterprise Fund (Water, Sanitary Sewer, Streetlighting, and Stone Drainage(Water Quality) and the Community Center Fund. FACTS: The City Council reviewed these budgets in September, no changes to the expenses have been made since then. Water and Sewer revenues have been adjusted upward due to the proposed rate increases (4.2% water, 5.0% sewer) in the 2007 Fee Schedule (Item A of Old Business). . User fees support these budgets. ATTACHMENTS: • Enclosed on page 1 4 is the Public Utilities Fund revenues and expenses summary. • Enclosed on page 15 is the Community Center revenues and expenses summary. 15 Other non -departmental revenues: Interest Income Public Utilities Fund Connection charges 460,000 Antenna lease revenue 209,000 2007 Budget Total - non -dept revenue 2,222,500 Revenue and Expense Summary Sanitary street Stone Water Water . Sewer Lighting Drainage Duality TOTALS Revenues: Service charges $4,625,000 $ 5,078,000 $ 462,600 $ 321,450 $ 750,050 $ 11,237,000 Connection permits 9,000 8,000 - - - 17,000 Meter sales 50,000 - 50,000 Other 9,000 - 70,000 79,000 Total revenues 4,693,000 51086,000 462,500 321,450 820,050 11,383,000 Operating expenses: Personal services 1,096,000 434,100 - 34,500 317,000 1,881,600 Supplies, repairs, maint. 220,500 135,700 - 11,600 44,500 412,300 Other services & charges 1,685,200 564,700 491,800 144,200 220,300 3,106,200 Merchandise for resale 82,500 - - - 82,500 Capital outlay 64,000 215,000 900 279,900 MCES disposal charges 3,499,000 - 3,499,000 Total operating exp 3,146;200 4,848,500 491,800 190,300 582,700 9,261,500 Net income before depreciation & debt svc 1,644,800 237,500 (29,300) 131,150 237,350 2,121,500 Depreciation (1,804,200) (607,700) (12,800) (960,500) (61,700) (3,446,900) Debt service (prin + int) (863,500) (863,500) Net income (loss) (1,122,900) (370,200) (42,100) (829,350) 175,650 (2,188,900) Other non -departmental revenues: Interest Income 1,529,100 Connection charges 460,000 Antenna lease revenue 209,000 Other 24,400 Total - non -dept revenue 2,222,500 Net revenues in excess of (less than) expenses $ 33,600 14 41111� C4 Of is p 2007 Adopted Budget Operating Budget Community Center Responsible Manager: Jul! Johnson, Director of Parks & Recreation REVENUE SUMMARY EXPENDITURE SUMMARY Actual 2004 2005 2006 2007 2004 2005 Actual Actual Budget Estimate 4304 Personal trainers 4,282 30,257 37,500 47,400 4305 Equipment rental 5,602 7,080 3,000 15,000 4310 Park program revenue 74,483 22,216 15,400 15,500 4312 Concessions sales 28,637 38,994 33,900 73,000 4314 Merchandise sales 2,910 2,502 3,700 4,000 4316 Group sales 69,413 63,202 98,800 78,600 4318 Daily admissions 67,450 70,064 78,100 73,000 4321 Memberships 352,657 501,259 706,600 688,500 4323 Vending 6,148 5,675 6,000 7,500 4324 Room rentals 131,269 188,473 249,900 260,000 4326 Facility rentals 6,221 1,221 1,500 4,500 4328 Contract revenue 47,139 44,112 57,000 85,000 4621 ECVB rent 7,333 3,621 9,000 10,300 4610 Interest income 22,292 37,777 20,000 - 825,836 1,016,453 1,320,400 1,362,300 Transfer in -antenna lease revenue 190,856 300,220 141,000 225,800 Total revenues 1,016,692 1,316,673 1,461,400 1,588,100 EXPENDITURE SUMMARY 15 Actual Actual Budget Proposed Expenditure 2004 2005 2006 2007 Personal Services $ 721,483 $ 813,998 $ 905,000 952,200 Parts and Supplies 48,616 56,983 82,100 75,900 Services and Other Charges 194,903 282,346 287,200 324,500 Capital Outlay 31,442 11,895 34,500 80,200 Merchandise for Resale 20,248 30,651 31,000 30,800 Reserve for Renewal & Replacement - 120,800 121,600 124,500 Total $1,016,692 $1,316,673 $1,461,400 $1,588,100 15 Agenda Information Memo December 19, 2006 Eagan City Council Meeting E. Approve 2007 Special Revenue Funds Budgets: Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, and Cable TV Franchise Fees Fund ACTION TO BE CONSIDERED: Approve the 2006 budgets for the following Special Revenue Funds: Enhanced 9-1-1 Fund Housing Fund Police Forfeiture Fund DWI Forfeiture Fund Cable TV Franchise Fees Fund FACTS: For financial reporting purposes, it is required that the City Council adopt each of these budgets. The purpose of each fund, the revenue sources, and the expenditure categories are fisted for each fund in the attachments. • There are no tax levies related to these funds. ATTACHMENTS: • Enhanced 9-1-1 Fund budget on page • Housing Fund budget on page-2D— Police age%Police Forfeiture Fund on page 7-7� , I • DWI Forfeiture Fund budget on page Z • Cable TV Franchise Fees Fund budget on page 4 . ANIL Mwor My 0( Raju 2007 Proposed Budget Operating Budget Special Revenue Funds — Enhanced 9-1-1 Fund (112) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Enhanced 9-1-1 Fund is to: • Account for State and County grant funds received to support the emergency 9-1-1 and reverse 9-1-1 systems. • Automatically capture the caller's telephone number, and cross referencing that number to a location, thus allowing the system to accommodate multi - jurisdiction areas by routing 9-1-1 calls to the appropriate agency for that location. The system can also display the caller location on a screen at the dispatch center. The Special Revenue Enhanced 9-1-1 Fund is responsible for the following functions: • To account for grant revenue received from Sate and County grants that support the emergency 9-1-1 and reverse 9-1-1 systems. • To fund the implementation, improvement, and maintenance of enhanced 9-1-1 systems. OI Bap 2007 Proposed Budget Operating Budget Special Revenue Funds - Enhanced 9-1-1 Fund (112) Expenditures by Category HIGHLIGHTS & CHANGES Overview: Starting in 2007, the Enhanced 9-1-1 Fund will be transferring over from the City of Eagan to the DCC. Thus, all state and county grants associated with 9-1-1 will be received by the DCC rather than by the City of Eagan. Hlahliaht/Chanae 1: The majority of revenues and expenditures will now be handled by the DCC rather than by the City of Eagan Financial Impact: Almost all activity associated with the Enhanced 9-1-1 fund will now be the responsibility of the DCC. The majority of revenues will be received and all expenditures will take place at the DCC. Service Level Impact: 9-1 A services will now be handled by the DCC rather than by the City of Eagan. Fund Balance, Beginning of Year Revenues: Intergovernmental State Grants Other Refunds -Flint Hills Interest on Investments Total Revenues Expenditures: Professional Services Conferences/Maetings/ Training System Repairs 9-1-1 Telephone Charges Reverse 9-1-1 Charges Capital Equipment Total Expenditures Fund Balance, End of Year REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget $ 144,761 $ 146,737 $ 171,800 $ 189,300 58,315 22,800 3,002 81,976 12,407 3,095 65,000 12,200 2,000 11,000 3,000 84,117 97,478 79,20.0 14,000 561 723 700 - - 2,768 - 380 - 22,336 26,405 30,000 - 19,659 33,349 31,000 32,600 39,205 9,170 82,141 72,415 61,700 32,600 $ 146,737 $ 171,800 189,300 $ 170,700 0 94 Of hp 2007 Proposed Budget Operating Budget Special Revenue Funds — Housing Fund (113) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Housing Fund is to: • Provide financing for future housing -related developments within the City. • The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. • The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name. • The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997 and a note was issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds._ At the and of 1998, the City sold Its interest in the note to a third party for $1,200,000, and as a component of this transaction, the proceeds of the closing were loaned to the Aquatic Facility. The Special Revenue Housing Fund is responsible for the following functions: • To account for annual fees collected on the principal balance of revenue bonds issued under the City's name used to finance multi -family housing developments. • To account for the internal loan made to the Aquatic Facility construction fund which is to be repaid over 20 years with the final payment due in October of 2018. PERFORMANCE INDICATORS Number of revenue bonds issued under the Gitys name finance multi -family housing developments 2005 Actual 19 2006 2007 0 Of Bap 2007 Proposed Budget Operating Budget Special Revenue Funds - Housing Fund (113) Expenditures by Category HIGHLIGHTS & CHANGES Overview: The proposed 2007 housing fund budget Is expected to be about the same as the 2006 housing fund budget both on the revenue and expenditure side with the exception of a slight Increase expected in revenues. This increase in revenues is due to the inclusion of approximately $20,000 budgeted for interest on investments. %, J HlahliahtlChanne 1: Budgeted revenues for the 2007 budget are expected to increase by approximately $20,000.because of interest on investments being included in the 2007 budget. Interest on Investments was not included in the 2006 budget amounts. Actual interest on investment amounts for 2005 totaled approximately $21,000 after factoring in the market value adjustment for the year. Financial Impact: Total revenue increase of $20,000. Service Level Impact: None. REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $1,895,623 $ 2,091,696 $ 2,285,237 $ 2,455,195 Revenues: Housing Bond Fees 90,420 78,651 78,415 77,895 Interest on Investments 15,490 21,310 20,000 Total Revenues 105,910 99,961 78,415 97,895 Other Financing Sources: Interest on Loan 49,913 47,680 45,843 43,343 Principal on loan 45,000 50,000 50,000 55,000 Total Other Financing Sources 94,913 97,680 95,843 98,343 Total Revenues and Other Financing Sources 200,823 197,641 174,258 196,238 Expenditures: Monitoring Fee 4,750 4,100 4,300 4,300 Total Expenditures 4,750 4,100 4,300 4,300 Fund Balance, End of Year $ 2,091,696 $ 2,285,237 $ 2,455,185 $ 2,647,133 co 94 Of Ea jan 2007 Proposed Budget Operating Budget Special Revenue Funds — Police Forfeiture Fund (114) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Police Forfeiture Fund is to: • Account for money received from the court system related to criminal forfeitures. • The money accounted for in this fund is restricted for police operations. • Activity in this fund has decreased due to the creation of the Special Revenue DWI Forfeiture Fund which accounts for criminal forfeitures related to DWI's, and because criminal forfeitures related to controlled substances now go to the Dakota County Drug Task Force. The Special Revenue Police Forfeiture Fund is responsible for the following functions: • To account for money received from the court system related to criminal forfeitures. MY of E*R 2007 Proposed Budget Operating Budget Special Revenue Funds — Police Forfeiture Fund (114) Expenditures by Category HIGHLIGHTS & CHANGES Overview: The 2007 Special Revenue Funds — Police Forfeiture Budget is up $888, or .7% over 2006. Due to the creation of the DWI Fund (115), and because criminal forfeitures related to controlled substances now go to the Dakota County Drug Task Force, this fund has not seen much activity in the past couple of years. Hlahliaht/Channe 1: For 2007, the police J department plans on setting up a police reserve unit using the remaining funds in the Police Forfeiture. Fund. Financial Impact: With the creation of the police reserve unit, this should reduce the available fund balance to $0 in this fund. Service Level Impact: None. Fund Balance, Beginning of Year Revenues: Interest on Investments Total Revenues Expenditures: Auditing Police Reserve Unit Other Improvements Office Furnishings & Equipment Total Financing Uses Fund Balance, End of Year REVENUE & EXPENDITURE DETAIL Revised 2004 2005 2006 2007 Actual Actual Budget Budget $ 24,602 $ 24,486 $ 24,488 $ 12,688 384 502 700 700 384 502 700 700 500 500 500 6,000 6,000 500 500 12,500 $ 24,486 $ 24A88 $ 12,888 500 12,888 13,388 AM My of Eapa 2007 Proposed Budget Operating Budget Special Revenue Funds — DWI Forfeiture Fund (115) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue DWI Forfeiture Fund is to: • Account for money received from the court system related to DWI forfeitures. • The money accounted for in this fund is restricted for police operations. • This fund was created in 2006. The Special Revenue DWI Forfeiture Fund is responsible for the following functions: • Accounting for money received from the court system related to DWI forfeitures. • Purchase of new police equipment and police vehicles with DWI forfeiture monies. 01hp 2007 Proposed Budget Operating Budget Special Revenue Funds — DWI Forfeiture Fund (115) Expenditures by Category HIGHLIGHTS & CHANGES overview: The 2007 proposed DWI Forfeiture Fund budget of $14,200 is down $35,000, or 71.1% from 2006. Hiahliaht/Chanae 1: Reduction in the amount spent on mobile equipment. Financial Impact: There is a $34,800 reduction in budgeted amounts for mobile equipment. In 2006, it was estimated that $45,000 would be spent to purchase a new car and all the equipment associated with the car. For 2007, they estimate having to purchase two lasers for traffic enforcement, and external microphones for use with digital recorders for implied consent and DWI stops. The estimated cost for these items total $10,200. Service Level Impact: None. REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget . Fund Balance, Beginning of Year $ $ $ $ 31,100 Revenues: DWI Forfeitures 15,000 18,000 Interest on Investments - - 900 Total Revenues 15,000 18,900 Other Financing Sources: Transfers In 65,300 Total Other Financing Sources 65,300 - Total Revenues and Other Financing Sources 80,300 18,900 Expenditures: Conference & Training 4,200 3,500 Blood draws for DWI cases - 500 Mobile Equipment 45,000 10,200 Total Expenditures. 49,200 14,200 Fund Balance, End of Year $ $ $ 31,100 $ 35,800 Zq C" Of hp 2007 Proposed Budget Operating Budget Special Revenue Funds — Cable N Franchise Fee Fund (196). PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Cable TV Franchise Fee Fund. Is to: • Account for franchise fees paid to the City from the local cable franchises. Restricted for communications and cable television activities. The Special Revenue Cable TV Franchise Fee Fund is responsible for the following functions: • The money is used for communications and cable television related activities, primarily the Communications Department budget and the Citys share of the funding for the Burnsville/Eagan Telecommunications Commission (BETC) and. Burnsville/Eagan Community Television (BECT). T5 I 1 I D4 0f bF 2007 Proposed Budget Operating Budget Special Revenue Funds - Cable N Franchise Fee Fund (196) Expenditures by Category Other REVENUE & EXPENDITURE DETAIL Fum ming uses - 2005 Transfer Out 2007 78% Actual Budget Services & cap -gal cow Oullay Charges 4% 18% Service Level Impact: None. Fund Balance, Beginning of Year Revenues: Cable TV Franchise Fees Interest on Investments Total Revenues Expenditures: BETC Funding SECT Funding Capital Equipment per CIP Professional Services -Auditing Technology Task Force -Fiber Business Plan Other Financing Uses: Transfer to General Fd - Communications Total Expenditures and Other Financing Uses Fund Balance, End of Year HIGHLIGHTS & CHANGES Overview: The 2007 proposed Cable TV Franchise Fee budget of $577,700 is down $16,829, or 2.8% from 2006. Hlahliaht/Chanas 1: Technology Task Force Fiber Business Plan has been completed in 2006. Financial Impact: As a result of this Business Plan being completed, there is no need to budget an amount for this in 2007. Last year's budgeted amount was $49,500 for this item. $ 2,031,100 $1,845,823 $1,860,094. $1,992,394 REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget $1,973,605 $2,031,100 $1,845,623 $1,860,094 546,099 600,783 550,000 655,000 34,947 46,978 59,000 55,000 581,046 647,761 609,000 710,000 28,500 34,025 34,025 34,025 75,000 69,475 69,475 69,475 - - 46,529 20,900 500 500 500 500 49,631 231,067 49,500 153,631 335,067 200,029 124,900 369,920 498,171 394,500 452,800 523,551 833,238 594,529 577,700 $ 2,031,100 $1,845,823 $1,860,094. $1,992,394 Agenda Information Memo December 19, 2006 Eagan City Council Meeting F. Approve Proposed 2007 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television Budgets ACTION TO BE Approve the proposed 2007 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). FACTS: The 2007 BETCBECT operating budget was reviewed at the October 10 special City Council meeting. At that meeting, the Council directed that the proposed budget be placed on the consent agenda at a future meeting. The City of Burnsville plans to adopt both budgets at its December 18 Council meeting. ATTACHMENTS: Enclosed on page b is a summary of those budgets. City of Burnsville Burnsville / Eagan Telecommunications Commission' Five -Year Financial Pian ' Includes Community Television and the Telecommunications Commission •' 2005 adjusted for prepaid 2006 revenues % Chg Projected 2005 2006 2007 from 2006 Actual Estimate Proposed to 2007 Budget "Bud at 2008 2009 2010 2011 SOURCE OF FUNDS: Intergovernmental: Member,Contributions: City of Eagan 103,500 103,500 103,500 0.0% 103,500 103,500 103,500 103,500 City of Burnsville 103,500 103,500 103,500 0.0% 103,500 103,500 103,500 103,500 Total Intergovernmental Sources 207,000 207,000 207,000 207,000 207,000 207,000 207,000 Operating: PEG Access Fees" 647,983 671,072 670,000 0.2% 676,700 683,467 690,302 697.205 Other 40,350 21,600 25,100 16.2% 27,700 29,020 .30,472 32,069 Total Operating Sources 688,333 692,672 695,100 0.4°h 704,400 712,487 720,774 729,274 TOTAL SOURCE OF FUNDS 895,333 899,672 902,100 0.3% 911,400 919,487 927,774 939,574' USE OF FUNDS: Operating: Personnel 442,370 505,186 525,748 4.1% 541,520 557,766 574,499 591,734 Current Expenses 294,318 313,350 309,650 -1.2% 298,070 307,012 316,222 335,709 Total Operating Uses 736,688 818,536 835,398 2.1% 839,590 864,778 890,721 927,443 Non -Operating: Capital Outlay 177,337 76,000 205,000 169.7% 86,200 106,000 87,000 92,000 Total Non•Operating Uses 177,337 76,000 205,000 169.7% . 86,200 106,006 87,000 92,000 TOTAL USE OF FUNDS - 914,024 894,536 1,040,398 15.3% 925,790 970,778 977,721 1,019,443 NET DIFFERENCE (18,692) 5,136 (138,298) (14,390) (51,291) (49,947) (83,169) Beginning Fund Balance 411,507 392,815 397,951 259,653 245,263 193,973 144,025 Ending Fund Balance - 392,815 397,951 '259,653 245,263 193,973 144,025 60,857 Other financial Information: Year-end Cash Balance 596,829 601,965 463,667 449,277 397,986 348,039 264,870 Three months operating cash estimate 223,634 260,100 231,447 242,694 244,430 254,861 231,861 Protected cash balance 373,195 341,866 232,220 206,583 153,556 93,178 33,010 ' Includes Community Television and the Telecommunications Commission •' 2005 adjusted for prepaid 2006 revenues Agenda Memo December 19, 2006 Eagan City Council Meeting CONSENT AGENDA: G. Approve resolution authorizing check signators at Anchor Bank. ACTION TO BE CONSIDERED: To approve a resolution naming the authorized signers on the Anchor Bank accounts. FACTS: • All checks issued by the City are signed by the Mayor and Treasurer. • With Mayor -elect Maguire taking office January 2, the bank requires new signature cards on file and a resolution authorizing the changes effective that date. • Mayor Geagan's name will be removed from the list of authorized signators as of the same date. • No other changes are being made to the list of authorized signers. AITACIEVICNTS: • A copy of the resolution is attached on pages L -AJ through 31 29 ACCOUNT #:100021239 CORPORATE AUTHORIZATION RESOLUTION Anchor Bank Saint Paul, N.A. By; City of Eagan 1360 Duckwood Drive - 3830 Pilot Knob Rd Eagan, MN 55123 Eagan MN 55122-1810 Referred to in this document as 'Financial Institution" Referred to in this document as "Corporation' certify that I am Secretary (clerk) of the above named corporation organized under the laws of MINNESOTA , Federal Employer I.D. Number 41-0847612 , engaged in business under the trade name of CITY OF EAGAN , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on - (date). These resolutions appear in the minutes of this meeting and have not been rescinded or modified.. AGENTS Any agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position �/ Signature Facsimile Signature (if used) A. LINDA L FINK, B. THOMAS W PEPPER, C. EUGENE J VANOVERBEKE, D, MICHAEL.MAGUIRE, . E. �lll�[il� / F. POWERS GRANTED (Attach one or more Agents to each power .by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, Description of Power D, E, and/or F (11 Exercise all of the powers listed in this resolution. (2) Open any deposit or share account(s) in the name of the Corporation. (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. (4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes or other evidences of indebtedness. (5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. (6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating x Safe Deposit Box in this Financial Institution. (7) Other LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. Indicate number of signatures required i5 re,50104vm Yk46 l(, b t Jpvy�tio 2007 - r to EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated 12/05/06 , If not completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) ❑ If checked, the Corporation is a non-profrt corporation. In Witness Whereof, I have subscribed my name to this document and affixed the seal of the Corporation on (date). Attest by One Other Officer 0 1988, 1997 Banken Sponte, Inc., St. CUA. MN Form CA -1 1/13198 Secretary rpage I of 2) RESOLUTIONS The Corporation named on this resolution resolves that, 11) The Financial Institution is designated as a depository for the funds of the Corporation and to provide other financial accommodations indicated in this resolution. (2)This resolution shall continue to have effect until express written notice of Its rescission or modification has been received and recorded by the Financial Institution. Any and all prior resolutions adopted by the Board of Directors of the Corporation and certified to the Financial Institution as governing the operation of this corporation's account(si, are in full force and effect, until the Financial Institution receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a resolution must be accompanied by documentation, satisfactory to the Financial Institution, establishing the authority for the changes. (3) The signature of an Agent on this resolution is conclusive evidence of their authority to act on behalf of the Corporation. Any Agent, so long as they act in a representative capacity as agents of the Corporation, is authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated on page one, from time to time with the Financial Institution, subject to any restrictions on this resolution or otherwise agreed to in writing. (4) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of the Corporation with the Financial Institution prior to the adoption of this resolution are hereby ratified, approved and confirmed. (5) The Corporation agrees to the terms and conditions of any account agreement, properly opened by any Agent of the Corporation. The Corporation authorizes the Financial Institution, at any time, to charge the Corporation for all checks, drafts, or other orders, for the payment of money, that are - drawn on the Financial Institution, so long as they contain the required number of signatures for this purpose. (6) The Corporation acknowledges and agrees that the Financial Institution may furnish at its discretion automated access devices to Agents of the Corporation to facilitate those powers authorized by this resolution or other resolutions in effect at the time of issuance. The term "automated access device" includes, but is not limited to, credit cards, automated teller machines (ATM), and debit cards. (7)The Corporation acknowledges and agrees that the Financial Institution may rely on alternative signature and verification codes issued to or obtained from the Agent named on this resolution. The term "alternative signature and verification codes" includes, but is not limited to, facsimile signatures on file with the Financial Institution, personal Identification numbers (PIN), and digital signatures. If a facsimile signature specimen has been provided on this resolution, (or that are filed separately by the Corporation with the Financial Institution from time. to time) the Financial Institution is authorized to treat the facsimile signature as the signature of the Agent(s) regardless of by whom or by what means the facsimile signature may have been affixed so long as it resembles the facsimile signature specimen on file. The Corporation authorizes each Agent to have custody of the Corporation's private key used to create a digital signature and to request issuance of a certificate listing the corresponding public key. The Financial Institution shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed in writing. Acknowledged and received on Comments: FOR FINANCIAL INSTITUTION USE ONLY (date) by 0 1885, 1997 Banken Syeeme, Ina., SL Cbutl. MN Foml CA -1 1/1 W98 (initials) ❑ This resolution is superseded by resolution dated 31 (page 2 of 21 Agenda Information Memo December 19, 2006 Eagan City Council Meeting H. APPROVE EAGAN PSAP JOINT POWERS AGREEMENT WITH THE DCC ACTION TO BE CONSIDERED: To approve the Eagan PSAP Joint Powers Agreement with the DCC. FACTS: Eagan currently operates a local 911 dispatch center located at the Eagan Police Department. The City provides 911 emergency call and dispatch services to the residents of Eagan and is under contract to provide this service for the City of Rosemount. Eagan, Dakota County and other cities in the County have jointly created the DCC to operate a county -wide 911 emergency services dispatch center and to operate all existing local 911 dispatch facilities within the County prior to the completion of a new county wide dispatch facility in 2007. By action of the DCC Board of Directors the operations of the existing five public safety answering points (Apple Valley, Burnsville, Dakota County, Eagan and Lakeville) will begin to operate under DCC management as of January 1, 2007. The DCC, using its own employees, will begin to operate the Eagan 911 dispatch center commencing at 12:01 AM on January 1, 2007. The DCC will continue to staff,and operate this facility until the county -wide 911 dispatch facility located in Empire Township is completed and the operations of the Eagan dispatch center have been transferred to the Empire Facility. The estimated date to begin transfer of dispatch operations from the existing facilities is November 1, 2007. Eagan staff has worked with the staff from the DCC and representatives of other existing PSAP cities and the County to develop this agreement. This joint powers agreement defines the respective rights and obligations of Eagan and the DCC relating to the ongoing operation of the Eagan dispatch center. 32 Eagan will be reimbursed a percentage share of the DCC operating budget based on the total percentage of the cost allocation formula in the DCC joint powers agreement for Dakota. County and the cities for which contract 911 dispatch services are currently provided. This reimbursement will be $2,290 per month. All additional costs will be the responsibility of the City and will be funded through the 2007 operating budget. The draft JPA has been reviewed by the City Attomey's office and is in substantially final form. ATTACHMENTS: Enclosed on pages �7 powers agreement. through 3q is a copy of the draft joint JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND DAKOTA COMMUNICATIONS CENTER TO OPERATE A 911 DISPATCH FACILITY December 2006 1. Purpose of this Cooperative Agreement Pursuant to Minnesota Statutes § 471.59, governmental entities are empowered to provide assistance to, and act in coordination with, other political subdivisions or agencies within the state of Minnesota as deemed necessary to benefit the public. Based upon this authority and the desire to provide continuous 911 dispatch services to all residents of Dakota County, this Joint Powers Agreement is entered into between the City of Eagan (Eagan), a political subdivision of the State of Minnesota, and the Dakota Communications Center, a separate joint powers entity created through a joint powers agreement between the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul and the County of Dakota ("DCC"). Through this Agreement, Eagan and the DCC define their respective rights and obligations relating to the ongoing operations of the local 911 emergency services dispatch facility located in Eagan. 2. Transfer of Operations 2.1 Eagan 911 Facility. Eagan currently owns and operates a local 911 dispatch facility located at the Eagan Police Department Offices located at _ Wescott, Eagan, Minnesota.(the "Eagan Facility") that provides 911 emergency. call and dispatch services to the residents of Eagan and (other communities, if any). This facility is currently operated and staffed by the Eagan Police Department. 2.2 Interim Operations. Eagan, the County of Dakota and other cities in Dakota County have jointly created the DCC to operate a county wide 911 emergency services dispatch center and to operate all existing local 911 dispatch facilities within the county prior to the completion of the county -wide dispatch facility, for the benefit of all residents of Dakota County The parties agree that the DCC, using its own employees, will operate the Eagan Facility commencing at 12:01 AM on January 1, 2007. The DCC will continue to staff and operate this facility until the county wide 911 dispatch facility located in Empire Township (the "Empire Facility") Is completed and the operations of the Eagan Facility have been transferred to the Empire Facility. The estimated date to transfer these operations is November 1, 2007. 34 3. Term The.term of this Agreement shall commence on the date that both parties have executed this Agreement and will continue until the Eagan 911 dispatch facility operations are transferred to the Empire Facility and all other obligations under Agreement have been completed. 4. Access to Premises and Equipment 4.1 No Leasehold Created. Although the DCC will staff and operate the Eagan 911 dispatch facility during the.term of this Agreement, the parties do not Intend to create a Landlord -Tenant relationship and the DCC is not acquiring a leasehold interest in the office space in which the Eagan Facility Is located. 4.2 Access to the Facility. Beginning at 12:01 AM on January 1, 2007 and continuing until the Eagan Facility operations are transferred to the Empire Facility, DCC employees will have access to the facility 24 hours a day, seven days a week. Eagan will provide DCC employees assigned to the Eagan Facility with keys or security cards to obtain access at any time. DCC employees will turn in all keys or security cards when the Eagan Facility operations are transferred to the Empire Facility. Eagan staff or its third party contractors will have access to the Eagan Facility as needed to carry out law enforcement, cleaning, maintenance and repair activities. Access to the Eagan Facility includes the right of DCC staff to use the following areas at the Eagan City Hall: (Check those that apply) ❑ Restrooms ❑ Exercise facilities ❑ Parking areas ❑ Kitchen/Break Room facilities ❑ Other common areas of the building housing the facility ❑ None of the above 4.3 Ownership of Personal Property, Access to Systems. During the term of this Agreement Eagan will continue to own the furniture, fixtures, equipment, computers and software necessary to operate the facility. DCC staff will have full access tothe workspace, computer and radio equipment and software appiications and. databases that are needed to operate the Eagan Facility. The staff of the Eagan Police Department and the DCC will have mutual access to the local CAD/Mobile, 911, records management, MCD and radio systems as needed to perform their respective job duties. S. Maintenance of Facility and Equipment 5.1 Equipment Maintenance and Catastrophic Failures. During the term of this Agreement Eagan will maintain the .911 communications and dispatch equipment and related software and systems In proper working order and will pay the costs of maintenance and repairs. If the 911 communications and dispatch equipment suffers a catastrophic failure that requires a major expenditure to correct or repair, Eagan will immediately notify and consult with the DCC Operations Director or 2 35 Executive Director on the nature of the failure and the estimated cost of repairs or equipment replacement. Eagan and the Operations Director or Executive Director will determine whether the repairs or replacement should be undertaken and which entity will provide the funding. If Eagan and the DCC are unable to reach agreement on the need to undertake the repairs or replacement or the source of funds, the matter will be referred to the DCC Executive Committee who will make the final and binding decision. 5.2 Building Maintenance Eagan is responsible for the cost and completion of all maintenance and repairs to the building housing the Eagan Facility. 6. Staffing the Facility 6.1 Daily Staffing Commencing on January 1, 2007, DCC will provide the staff required for daily 911 and dispatch operations at the Eagan Facility, including supervisors to oversee staff and operations. In their sole discretion, DCC supervisors will determine the level of staffing needed each day. However, DCC supervisors will take into consideration requests from cities and law enforcement agencies for additional staffing during special events. DCC will pay all salaries, benefits and other employee costs of the DCC employees assigned to the Eagan Facility. DCC will hire, train, discipline and when necessary, terminate DCC employees. 6.2 Staffing Assistance from Eagan Eagan Police Department will designate an employee or staff position who will be available to receive communications from DCC staff about shift absences or general operations issues in the event that the DCC shift supervisor for the facility is not available. In any case, the Eagan designee will act in good faith and may rely upon past practice that was in place prior to this agreement and/or use input from DCC Staff to mitigate the operations issue. Recognizing City of Eagan Employees are not trained to operate the 911 communications equipment, the DCC should not rely upon untrained Eagan Staf`"carr ilembers Employees to operate the communications equipment. Therefore, it is incumbent the DCC recognize potential staffing issues to ensure there is no disruption of service. 6.3 Facility, Operating Guidelines DCC is responsible for establishing the work rules at the Eagan Facility. However, Eagan and the DCC may agree upon additional written guidelines to further define the responsibilities of each entity for daily operations at the Eagan Facility: If such guidelines are created, they will describe how the DCC and Eagan will to handle phone calls from DCC staff who are calling in to report an absence from their assigned shift. 7. Compensation The Parties. acknowledge that Eagan has expended public funds to construct the Eagan Facility for the benefit of local residents and will expend additional public funds to maintain the facility and equipment when DCC is operating the facility. To partially compensate Eagan for the 911 expenses It will incur and to provide contribution toward those costs, the DCC will make monthly payments to Eagan 3 commencing with January 2007 and continuing until the dispatch operations are transferred to the Empire Facility. The amount of each monthly payment will be that portion of $10,000 that is equivalent to the fractional share that the City of Eagan, and any additional communities that Eagan currently provides dispatch service to, contribute the 2007 DCC annual budget. As described in Section 5.1 above, if Eagan incurs an unanticipated significant cost to repair or replace 911 equipment between January 1, 2007 and the date dispatch operations are transferred to the Empire Facility, and the parties have agreed that DCC should fund the expenditure, DCC shall reimburse Eagan for the cost after receiving any invoices or statements needed to document the work performed, parts or equipment purchased and the cost of each. Any unresolved dispute over reimbursement of a significant and unanticipated equipment cost will be presented to the DCC Executive Committee and its decision on reimbursement of the cost will be final and binding upon the Parties. 7. Insurance 7.1 Maintaining Insurance. During the term of this agreement Eagan will maintain, at its own cost, the types and limits of general liability and commercial property insurance that it holds on the date this agreement is executed by the parties. During the term of this agreement DCC will maintain, at its own cost, the types and limits of general liability insurance that it holds on the date this agreement is executed by the parties. . DCC will be responsible for workers compensation insurance and claims for DCC employees injured- while working at the facility. Eagan will be responsible for workers compensation insurance and claims for Eagan employees injured while working at the facility or working in the building where the facility is located. 7.2 Waiver of Subrogation. To the extent permitted by law and without affecting the coverage provided by insurance required to be maintained hereunder, the Parties each waive any right to recover against the other on account of any and all claims either may have against the other with respect to any risk insured against by insurance actually carried, or required to be carried hereunder to the extent of valid and collectible insurance. Each insurance policy carried by either Party shall provide that the insurer waives all rights of recovery by way of subrogation against the other Party in connection with all matters included within the scope of the waiver of recovery. 8. Seryices Provided by Eagan During the term of this Agreement, Eagan shall provide custodial cleaning, trash removal and snow removal at the Eagan Facility at no cost to the DCC. 9. Mutual Indemnification Eagan shall not be liable for any damage or injury to DCC and its employees, any other person or any personal property occurring at the Eagan Facility unless caused by the negligence and greater culpability of Eagan. DCC agrees to hold Eagan harmless from any 4 .31 claims for damages arising out of DCC's use of the facility, and to indemnify Eagan for any expense incurred by Eagan in defending any such claims, except as Eagan is required to pay as a member of the DCC and as provided by the DCC Joint Powers Agreement. This indemnification obligation is subject to the limitations and immunities of Minn. Stat. Ch. 466. With the exception described below, DCC shall not be liable for any damage or injury to Eagan and its employees, any other person or any personal property occurring at the Eagan Facility unless caused by the active negligence and greater culpability of DCC. Eagan agrees to hold DCC harmless from any claims for damages arising out of DCC's use of the facility, and to Indemnify DCC for any expense incurred by DCC in defending any such claims, except as DCC is required' to pay as a separate legal entity and as provided by the DCC Joint Powers Agreement. This indemnification obligation is subject to the limitations and immunities of Minn. Stat. Ch. 466. Temporary Staffing Indemnification. DCC shall indemnify Eagan and its employees from any liability, damages or costs incurred due to the negligent actions of Eagan Police Department employees occurring during the period that such employees have been directed to temporarily operate the Eagan Facility under the circumstances described in Section 6.2 of this Agreement. 10. Distribution of Property Upon termination of this Agreement each party shall keep and retain all property, equipment or software it owns and has brought into the facility during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITY OF EAGAN By: By: DAKOTA COMMUNICATIONS CENTER By Date: Date: Date: 5 38 By: Chair - DCC Board of Directors DCC Executive Director Approved as to Form: Assistant County Attorney Eagan 911 Fad9y JPA Agreement V212-07-2096 Date: Date: 6 3 Agenda Information Memo December 19, 2006 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve the Joint Powers Agreement with the Retirement Enhancement and Benefits Alternatives Trust III (REBA III). FACTS: At the November 21, 2006 meeting America's VEBA Solutions was approved to provide administrative services for implementation of the plan. The Retirement Enhancement and Benefits Alternatives Trust III (REBA III) is a collective purchasing pool of school districts, city, and county governments that participate in a single trust developed by CBIZ Benefits & Insurance Services, Inc. America's VEBA Solution provides volume based pricing and services to all member employers participating in the REBA program. Although some autonomy is given up, the deliverables are the same as the stand-alone program and it is more cost effective for the City. • Approval is subject to City Attorney review of the document. ATTACHMENTS: Enclosed on pages l 1 powers agreement. through T 1 is a copy of the joint qO JOINT POWERS AGREEMENT FOR RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM C HaynesHResman, PC 2005 REBA 3oint Powers Agmt TABLE OF CONTENTS 0 HaynesHRmnan, PC 2005 REBA 30int Power: Agmt 42r 1. PURPOSE, INTENT AND 083ECTIVE................................................................................1 2. DEFINITIONS...................................................................................................................2 3. 30INT POWERS GOVERNING BOARD..............................................................................3 4. RIGHTS AND RESPONSIBILITIES OF THE ADVISORY COUNCIL .................................... 4 S. RIGHTS AND RESPONSIBILITIES OF ADOPTING EMPLOYERS............ ............................ 5 6 6. CONTRIBUTIONS & ASSESSMENTS................................................................................. 7. LENGTH OF AGREEMENT AND TERMINATION.................................................................6 LIABILITY OF PARTIES6 8. .................................................................................................... 9. AGREEMENT BY PARTICIPATION....................................................................................6 10. DISPOSITION UPON DISSOLUTION:...............................................................................7 0 HaynesHRmnan, PC 2005 REBA 30int Power: Agmt 42r JOINT POWERS AGREEMENT FOR RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM This Joint Powers Agreement ("Agreement") is made by and among the Adopting Employers that are now or may hereafter become parties to this Agreement. fiZ�q WHEREAS, governmental units may provide health benefits to employees, former employees and spouses and dependents thereof; and WHEREAS, Minn. Stat. § 471.59, subds. 1 and 10 authorize two or more governmental units to exercise jointly or cooperatively powers which they possess in common; and WHEREAS, certain governmental units ("Adopting Employers") wish to authorize the Retirement Enhancement and Benefit Alternatives Program (" REBA') to act as a joint powers entity for the purpose of exercising certain powers as set forth in this Agreement; and WHEREAS, the Adopting Employers acknowledge REBA as a representative of the parties to this Agreement, and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Plan (the "Plan'; and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Trust and the Retirement Enhancement Benefit and Alternatives Program Voluntary Employees' Beneficiary Association Trust H (collectively referred to as the "Trusts'j; and WHEREAS, the Trusts are voluntary employee beneficiary associations under Section 501(c)(9) of the Internal Revenue Code; NOW THEREFORE in consideration of the mutual promises and agreements contained herein and subject to the provisions of Minn. Stat. § 471.59 and all other applicable statutes, rules and regulations, the parties agree as follows: 1. PURPOSE, INTENT AND OBJECTIVE 1.1 Purpose. Under the provisions of Minnesota law, governmental units may enterInto contracts for the purposes of providing medical benefits to current employees, former employees, and their respective families including, but not limited to, contracts for services deemed necessary or beneficial for their operation. Under the provisions of Minn. Stat. § 471.59, two or more governmental units (Including, but not limited to, school districts, counties, towns, other governmental agencies, and service cooperatives) may agree to exercise jointly or cooperatively powers which they possess in common. The purpose of this Agreement is to authorize the exercise of common powers of the Adopting Employers in connection with certain maths pertaining to the administration and funding of the Plan and Trusts, all as described herein. C HaynesHlteunan, PC ` 2005 REBA Joint Powers Agmt 1� 1.2 Name. The name of this joint powers entity shall be the Retirement Enhancement and Benefit Alternatives Program ("REBA"). 1.3 Compliance with Applicable. Laws. It is the Adopting Employers' Intent to comply. with applicable federal and state statutory requirements. 1.4 Effective Date. This Agreement shall be effective with respect to a particular Adopting Employer as of the date of such Adopting Employer's Initial participation as Identified below. 2. DEFINITIONS The following Definitions shall apply to this Agreement: a) Administrative Services Agreement ("ASA') means an agreement by and between the Advisory Council and a Provider, or an Adopting Employer and a Provider, that establishes terms for the administration of the Plan and/or Trusts. b) Adopting Employer means a governmental unit that has adopted the Plan, thereby becoming a member of REBA. c) Advisory Council means the advisory council of the REBA, acting as the joint board authorized to exercise certain powers of the Adopting Employers, as permitted by Minn. Stat § 471.59, subd. 2, and as set forth in this Agreement. d) Agreement means this Joint Powers Agreement as the same may be amended from time to time. This document, and all other documents in the same form executed (or deemed executed as provided in Section 9 of this Agreement) by Adopting Employers, all. as amended from time to time, shall together constitute a single Agreement e) Bylaws means the bylaws of the Advisory Council. f) Code means the Internal Revenue Code of 1986, as amended from time to time. g) Plan means Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Plan. h) Provider means a service provider, including, but not limited to, third party administrators, consultants, accountants, brokers, attorney and trustees, providing services to health plans and trusts such as the Plan and Trusts. I) REBA means the Retirement Enhancement and Benefit Alternatives Program, the joint powers entity created by the Adopting Employers as reflected in this Agreement J) Trusts mean the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Trust and the Retirement Enhancement and Benefit ® HaynesHkbesman, PC 2 2005 REBA Joint Powers Agmt , 1 q Alternatives Program Voluntary Employees' Beneficiary Association Trust II. Each is intended to be a voluntary employees' beneficiary association as described § 501(c)(9) of the Code. 3. 30INT POWERS GOVERNING BOARD 3.1 Membership. Membership in REBA shall be open to any governmental unit or other political subdivision as set forth in Minn. Stat. § 471.59, subd. 1, and Minn. Stat. § 471.981 including, but not limited to, joint powers agencies of the State of Minnesota that are deemed by the Advisory council to qualify for membership. The Advisory Council aimpose to protectt the Interest of REBA andtoprovide for the ibenefit of the Adopting Employer, appropriate and such condltions as are required by the Agreement, the Bylaws, or by applicable statutes, rules, or regulations. The Advisory Council, at its discretion and in accordance with the Bylaws, may create classes, levels or types of membership within REBA with differing member rights, privileges or obligations. Upon adoption of the Plan, an Adopting Employer.shall also execute this Agreement and file it with the Advisory Council. 3.2 joint Powers Board. There is hereby created a joint powers board, herein referred to as the "Advisory Council," which shall be empowered to oversee and administer REBA. The Advisory Council shall be empowered to manage all the affairs of REBA and do to all things necessary or convenient for the furtherance of the purposes of REBA, Including but not limited to: expending and receiving funds; enterig into contracts, leases, and other agreements; renting, leasing, purchasing and otherwise procuring or receiving property real or personal; employing personnel either as employees or by contract; and employing consultants such as attorneys, auditors, accountants, risk managers, actuaries and others. 3.3 Advisory Council Representation. Each member of REBA shall have representation on the Advisory Council equal to every other member. Subject to the foregoing, representation shall be determined pursuant to the Bylaws. The Advisory Council shall act by majority vote of the representatives appointed to It. As appropriate, the Advisory Council may designate one or more representatives to act on Its behalf. 3.4 Committes(s). The Advisory Council may, but is not required to, establish one or more committees. The purpose Of any such committee may Include, without limitation, the management of the affairs of REBA and the receipt and processing of information relating to Plan and Trusts. 3.5 Upon Dissolution of REBA. In the event that REBA is dissolved, the Advisory Council shall continue to exist for a reasonable period to wind up A's affairs. Any rior to the dissolution f REBA shall I administrative raprovided be provided thereafteras dete mined by thed Advisory Council in dto the Plan or Trusts iscretion. C HaresHitwnan, PC 2005 RMA Joint Powers Agent q5 4. RIGHTS AND RESPONSIBILITIES OF THE ADVISORY COUNCIL 4.1 Authorized Powers. Pursuant to Minn. Stat. § 471.59, subd. 2, in addition to any other powers specifically delegated to the Advisory Council by this Agreement, the Advisory Council is hereby authorized to: a) establish, procure, and administer the Pian and the Trusts; b) define and clarify requests for proposals, rights and responsibilities, length of contract; liability of the partiescontributionemium or guidelines, relative and the method(s) by which parties to this Agreement exercise their common powers; and c) receive, collect, hold, Invest, expend and disburse contributions to the Trusts In connection with the exercise of Its powers under this Agreement, and de for the tion and administration of the Advisory d) adopt Council, and adopt other ylaws, which loperating policies and procedures to direct and document the specific activities of REBA. 4.2 Reserves. The Advisory Council shall from time to time determine the minimum amount of funds needed for purposes of risk management, administration, and other needs of the Plan and Trusts. Any such funds shall be held and used in accordance with, and subject to the limitations set forth in, Section 6. 4.3 Administrative Services Agreements. The Advisory Council may negotiate one or more Administrative Services Agreements for the benefit of REBA with respect to the Plan and the Trusts. Such Administrative Services Agreements may establish, among other things: a) the applicable responsibilities of the Provider; b) the applicable responsibilities of the Advisory Council; and c) the amount of service fees payable to the Provider. 4.4 Liability Limited. The Advisory Council; Its authorized representatives, employees and designees shall have no duty or liability due to negligence of Adopting Employers or Providers. When It Is not exercising the joint . CCoouncil hrs al have no duty by thisr obligationgreement (and therefore not whatsoever to act for the benefit of the Adopting as the Advisory Employers. the Advisory ® HaynesHitesman, PC 2005 REBA NO Power: Agent r 5. RIGHTS AND RESPONSIBILITIES OF ADOPTING EMPLOYERS 5.1 Adopting Employers to Furnish Data. Each Adopting Employer agrees to furnish all reasonably necessary data to the Advisory Council, or Provider or other third party as directed by the Advisory Council. 5.2 Remittance of Contributions and Fees. The Adopting Employers shall remit contributions and/or administrative fees in the time and manner as set forth in the Plan, the Trusts, and/or the Administrative Services Agreements. 5.3 COBRA Administration. To the extent an Adopting Employer is, through the Public Health Services Act, subject to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), such Adopting Employer shall be responsible for complying with the requirements of COBRA with respect to their employees participating In the Plan. Such responsibility shall include all aspects of administering the continuation coverage required by COBRA including, but not limited to, providing notices required by COBRA. The Advisory Council, as the "plan administrator" of the Plan, has delegated Its responsibilities under COBRA to the Adopting Employers. 5.4 Adopting Employer Withdrawal. An Adopting Employer's participation in this Agreement may be terminated as follows: 5.4.1 voluntary Withdrawal. At any time during a year, an Adopting Employer may terminate Its participation in this Agreement upon ninety (90) days written notice to the Advisory Council and to all Providers. 5.4.2 Deemed Withdrawal. An Adopting Employer shall be deemed to have terminated Its participation in this Agreement upon withdrawal from the Plan and the Trusts. 5.3.3 Involuntary WlthdraWal. The Advisory Council may terminate an Adopting Employer's participation in this Agreement for cause upon ninety (90) days notice to said Adopting Employer. 5.5 Effect of Adopting Employer Withdrawal. Upon an Adopting Employer's withdrawal from this Agreement, the following rules shall apply: 5.5.1 Withdrawal tl Adopting Employer shall be deemed to have withdrawn from the rPlan lfrom this Agreement, an and Trusts. 5.5.2 Continuance of REBA. The withdrawal of an Adopting Employer shall not affect the continuance of REBA by the remaining Adopting Employers. 5.5.3 Liability of Withdrawing Adopting Employer. An Adopting Employer that withdraws Incurred on Itslbehalf duriiain nig theintly and term of Its severally liable for Thedlia�ti ons and liabilities liability of anpAdopting Employer upon withdrawal shall be determined In accordance with the Bylaws, Plan, Trusts and/or Administrative Services Agreements. C HaresHltemmn, PC 2005 REBA hint Powers Agmt 6. CONTRIBUTIONS & ASSESSMENTS 6.1 COntAbutiOns. Adopting Employers shall make contributions as required under the Plan. All contributions shall be held in the Trusts. 6.2 Assessments. The Advisory Council may, at Its discretion, determine that an assessment Is necessary to Insure the financial integrity of the Plan and/or the Trusts, to operate and maintain the Plan and/or the Trusts, or to cant' out other purposes of REBA pursuant to this Agreement Such assessments shall be In a form, manner and amount as determined by the Advisory Council, provided that an assessment against an gEmployer shall riot exceed $7,500 f&any calendar year. entr Adopting Employer sIbe required to make, or otherwise be responsible or, aconibuton to ththe e Plan and the Trust on behalf of another Adopting Employer if such Adopting Employer fails to make a contribution required by the Plan. The Advisory Council may, in Its discretion, establish and maintain separate accounts for specified portions of the assessment, and may designate specific purposes. 7. LENGTH OF AGREEMENT AND TERMINATION This Agreement shall remain in effect until the first of the following to occur: a) The Agreement terminates by the mutual consent of the parties to the Agreement, b) The Agreement is suspended or superseded by a subsequent agreement between the parties to the Agreement, or c) The Agreement terminates by operation of law. 8. LIABILITY OF PARTIES An Adopting Employer to this Agreement holds the Advisory Council and Its members harmless from any and all causes of action arising at law or Inequity unless such action shall arise from gross negligence. The parties agree to waive any rights to litigation from any dispute arising out of this Agreement unless such action is the result of intentional wrongdoing. 9. AGREEMENT By PARTICIPATION Any governmental unit that adopts the Plan, and thereby becomes an Adopting Employer, shall be deemed to have approved this Agreement and, In the case of an eligible governmental unit, to have executed this Agreement by Its duly authorized officers, and shall be bound by the terms and conditions of this Agreement to the same extent as if such formal approval had been obtained and such execution had occurred. C HaymHitwman, PC 6 2005 ft -m toint Powers Agmt - V 10. DISPOSITION UPON DISSOLUTION . In the event that REBA Is dissolved, any property or other assets acquired by the Advisory Council shall be distributed as determined by the Advisory Council and as permitted under applicable law. Sufficient reserves shall be retained and maintained consistent with the Plan's obligations and known or foreseeable risks under this Agreement and applicable laws or regulations. Pursuant to all applicable state and federal laws, this Agreement has been approved by the governing boards of the parties and is signed by the duly authorized officers of the partles. ADOPTING EMPLOYER Name of Governmental Unit % `V O 0.i�aK By Title M &6 it DalQ-�oo(a BY Title koA Date l ;2 l q - .3w(p Date of Initial Participatlon��— 02�� C HaynesHitesman, PC 2005 REBA Joint Powers Agmt Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: J. 2007 Tobacco License Renewals ACTION TO BE CONSIDERED: Approve 2007 Tobacco License Renewals for the following: • Amber Liquor, 4250 Lexington Ave. S • Axel's Bonfire, 1555 Cliff Road • Big Discount Liquor, 3900 Cedar Grove Parkway • Big Top Wine & Spirits, 1284 Town Centre Drive, Ste. 110 • Blackhawk Liquor, 4130 Blackhawk Rd. • Byerly's, 1299 Promenade Place • Casper's Sports Barn, 4625 Nicola Road • Cedar Cliff BP, 4600 Slater Road • Cedar Grove Liquor, 1967 Silver Bell Road • Cedarvale Bowl, Inc., 3883 Cedar Grove Pkwy • Cooper's Restaurant, 4185 South Robert Trail • Cub Foods, 1940 Cliff Lake Road • CVS Pharmacy, 4241 Johnny Cake Ridge Road • E & M Liquor, 1444 Yankee Doodle Rd. • Eagan EZ Stop, 4195 Nicola Road • Eagan BP, Inc., 1424 Yankee Doodle Rd. • Green Mill, 1940 Rahncliff Court • Hidalgo Market, 4130 Blackhawk Rd., Ste. 108 • Holiday Stationstore #68, 1065 Diffiey Rd. • Holiday Stationstore #232,4595 Nicola Rd. • Holiday Stationstore #247, 3615 Pilot Knob Rd. • Holiday Stationstore #318, 3044 Holiday Lane • Joe Senser's, 3010 Eagandale Place • Kwik Trip #662, 3145 Dodd Road • LaFonda's, 3665 Sibley Memorial Highway • The Metro, 1650 Diffley Road • MGM Liquor Warehouse, 4182 Pilot Knob Road • Mt Liquory of Eagan, 1629 Lena Court#105 • New Mad, 1969 Silver Bell Road • Oasis Market #518, 3390 Coachman Road #202 • Oasis Market #594,1286 Lone Oak Road • Oasis Market #590,4250 Lexington Avenue S. • Oasis Market #576, 3150 Dodd Road • Oasis Market #5685,2000 Rahncliff Road • PDQ Store #214,4198 Pilot Knob Road • Perrier Wines & Liquors, 1960 Cliff Lake Road # 101 • Pro Stop Service Centers, Inc., 850 Lone Oak Road • Rainbow Foods #8815, 1276 Town Centre Drive • Sam's Club #4738, 3035 Denmark Avenue • Sinclair Retail #22060, 1815 Diffley Rd. Page 2, Item H • Sixty 1 Stop, 3575 Pilot Knob Road • Starks Saloon, 3125 Dodd Road • SuperAmerica #4335, 1379 Town Center Dr. • SuperAmerica #4464,2250 Cliff Road • SuperAmerica #4182, 1406 Yankee Doodle Rd. • SuperAmerica #4049,4200 E. Highway 13 • T.L. Liquors, 1565 Cliff Road • Tobacco Warehouse, 2149 Cliff Road • Walgreen's #5081, 4220 Lexington Ave. • Walgreen's #2766,2010 Cliff Rd. • Walgreen's # 1773, 1278 Town Center Dr. • Wal-Mart Supercenter #1786,1360 Town Center Drive FACTS: • All applications have been reviewed by staff and deetned acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: K: 2007 Trash Hauler License Renewals ACTION TO BE CONSIDERED: Approve 2007 Trash Hauler License Renewals for the following: • Dick's Sanitation, P.O. Box 769, Lakeville, MN 55044 • Mac's Roll -Off Service, Inc., P.O. Box 20695, Bloomington, MN 55420 • Dan's Container Service, Box 87, Newport, MN 55055 • Alpha Container Services and Recycling, 4180 160'' St. East, Rosemount, MN 55068 Triangle Services, 1881 S. Lexington, Mendota Heights, MN 55118 • Randy's Sanitation, Inc., P.O. Box 169, Delano, MN 55328 • Buckingham Trucking, Inc:,, 5980 Credit River Road, Prior Lake, MN • Lloyd's Construction Services, 7207 W. 120 St., Savage, MN 55378 • Schill's Dumpster Service, Inc., 2591 Gresham Avenue N., Oakdale, MN 55128 • Henningsen Construction Service, Inc., 13926 Duluth Court, Apple Valley, MN 55124 • Keith Krupenny & Son Disposal Service, Inc., 1214 Hall Ave., W. St. Paul, MN 55118 • LePage & Sons, Inc., 613 111'h Ave., NE, Blaine, MN 55434 • Waste Management, 12448 Pennsylvania Ave., Savage, MN 55378 • Allied Waste Industries of the Twin Cities, 4325 E. 66' St., IGH, MN • JME of Monticello, Inc., 1401 Fallon Ave., Monticello, MN 55362 • WTI — Waste Technology, Inc., 8424 Noble Avenue N., Brooklyn Park, MN 55443 • Coolidge Trucking Systems, 829 Central Ave. W., St. Paul, MN 55104 • Total Sanitation, 4804 East Highway 101, Shakopee, MN 55379 • Highland Sanitation & Recycling, 20700 Donnelly Avenue, Farmington, MN 55024 • JME of Monticello, Inc., 1401 Fallon Avenue, Monticello, MN 55362 • Nitti Sanitation, Inc. 1725 Meadow View Rd., Eagan, MN 55121 • Lightning Disposal, Inc., 1725 Meadowview Rd., Eagan, MN 55121 FACTS: • All applications have been reviewed by staff and deemed acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) , 52_ Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: L. 2007 Tree Contractor License Renewals ACTION TO BE CONSIDERED: Approve 2007 Tree Contractor License Renewals for the following: • The Davey Tree Expert Company, 2500 Fernbrook Lane, Plymouth, MN 55447 • S & S Tree and Horticultural Specialists, Inc., 405 Hardman, South St. Paul, MN 55075 • M.C. Tree Service, 22285 Albatross Circle, Farmington; MN 55024 • Miller Tree Service, 6825 Craig Court, Inver Grove Heights, MN 55076 • Lawrence Tree Removal, 3363 E. 170`x' Street, Rosemount, MN 55068 • A Top Notch Service, Inc:, 5505 N. Highway 169, Plymouth, MN 55442 • Roggenbuck Tree Care, 22551 Dakota Avenue, Lakeville, MN 55044 • Collins Tree Care and Removal, 7377 150 St. W., Prior Lake, MN 55372 • Rainbow Tree Company, 2239 Edgewood Avenue S., Minneapolis, MN 55426 • Wright Tree Service, Inc., P.O. 636, Mankato, MN 56001 • Tree Techs, 13849 Euclid Court, Apple Valley, MN 55124 • Huston's Tree Service, 14847 Haven Drive, Apple Valley, MN 55124 FACTS: • All applications have been reviewed by staff and deemed acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) Agenda Information Memo Eagan City Council Meeting Consent Agenda December 19, 2006 ACTION TO BE To approve the updated Business Assistance Policy and related Public Financing Policies. FACTS: ➢ In order to comply with state statute and to provide direction to staff and prospective developers and businesses regarding the possible use of public financing assistance, it is necessary for the City to adopt a Business Assistance Policy. It is also appropriate to adopt policies with respect to the various types of public financing assistance that may be applied to property development or redevelopment and business assistance. ➢ The City's current Business Assistance Policy and TIF Policy are out of date and should be updated to comply with current statutes. Prior to its being disbanded, the EDC and its Finance and Development Committee worked on draft updates of these policies and brought them close to completion. ➢ This matter was refected to the City Council Finance Committee for recommendation to the City Council. At its meeting on October 3, 2006, the Committee reviewed the policy and gave direction for additional modifications of the drafts as outlined below: • Guideline versus Entitlement — The policy states in Section 4.01 and in several other locations that it gives guidance for the evaluation of applications for public financing assistance, but meeting some or all of the criteria does not entitle the applicant to assistance. This retains the City's ultimate ability to choose whether to assist a particular project or not. • Wage and Job Goals — The policy uses a ratio approach to job and wage goals. It says a project may be eligible for up to $10,000 per base job (800/a of County Median Wage) and up to'$20,000 per head of household job (100% of the County Median Wage). Job and wage goals would not apply to assistance for redevelopment, ousmg, soils or hazardous waste abatement. • Twin Cities Community Capital Fund — A policy has been developed that references the standards established by the TCCCF. The City would not apply the job and wage goals to TCCCF applications unless the applicant requested assistance from the City in addition to access to the fiord, such as an interest rate write down. 5q Consent Agenda Item M December 19, 2006 Page 2 • Tax Abatement — The Committee recommended that the City not entertain applications for tax abatement. To make that clear, a notation at the bottom of the Financial Assistance Descriptions says, `By policy, the City of Eagan does not provide assistance through Tax Abatement" ATTACHMENTS: ➢ Business Assistance Policy on pages throughl�. ➢ Public Financing Pro matrix onpa es through i07 . ➢ TIF Policy on pages through . ➢ Twin Cities Community Capital Fund Policy on pages -71 through -7Z . ➢ Finance Committee Notes on pages 13 through. ➢ Staff memo on pages 1'5L_ through DRAFT — CITY OF EAGAN Business Assistance Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer assistance for commercial and housing development and redevelopment projects. The Business Subsidies Statutes are codified as Minnesota Statutes 116J.993 through 116J.995. Minnesota Statutes 116J.993, Subd. 3 defines a Business Subsidy as "a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business." Appendix A lists forms of financial assistance that are not a business subsidy. This policy shall be used as a guide in processing and reviewing applications requesting business assistance. 1.02 The City shall have the option of amending or waiving sections of this policy when determined necessary or, appropriate. Minnesota Statutes 116J.994, Subd. 1, allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the department. 2. STATUTORY LIMITATIONS 2.01 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 116J.993 through 1161.995. 3. GOALS 3.01 As a matter of adopted policy, the City of Eagan will consider using a business assistance tool to assist private developments only in those circumstances in which the proposed private projects show a demonstrated financing gap and meet one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February 22, 2001. 4. BUSINESS ASSISTANCE PROJECT APPROVAL CRITERIA 4.01 All new projects approved by the City of Eagan should meet the following mandatory minimum approval criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual rights on the part of any potential developer. A. The assistance shall be provided within applicable state legislative restrictions, State Auditor interpretation, debt limit guidelines, and other appropriate financial requirements and policies. B. The project should meet one or more of the goals referenced in the City of Eagan's Comprehensive Plan for Economic Development. C. The project must be in accord with the Comprehensive Plan and Zoning Ordinances, or required changes to the Comprehensive Plan and Zoning Ordinances must be under active consideration by the City at the time of approval. D. The assistance will not be provided to projects that have the financial feasibility to proceed without the benefit of the assistance. Assistance will not be provided solely to broaden a developer's profit margins on a project. Prior to consideration of a business assistance request, the City may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. E. Prior to approval of business assistance, the developer shall provide any required market and financial feasibility studies, appraisals, soil boring, information provided to private lenders for the project, and other information or data that the City or its financial consultants may require in order to proceed with an independent underwriting. F. Any developer requesting business assistance should be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. G. The developer must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate repayment of the business assistance. H. The level of business assistance funding should be reduced to the lowest possible level and least amount of time by maximizing the use of private debt and equity financing first, and then using other funding sources or income producing vehicles that can be structured into the project financing, prior to using additional business assistance funding. 5. BUSINESS ASSISTANCE PROJECT EVALUATION CRITERIA 5.01 If a business meets the criteria in Section 4 and is eligible for assistance, the following criteria will be used to determine the amount of assistance and type of assistance provided. All projects will be evaluated by the EDA and Eagan City Council on the following criteria for comparison with other proposed business assistance projects reviewed by the City, and for comparison with other subsidy standards (where appropriate). It is realized that changes in local markets, costs of construction, and interest rates may cause changes in the amounts of business assistance subsidies that a given project may require at any given time. In applying the criteria to a specific project, the following will apply: A. The City may consider the requirements of any other business subsidy received, or to be received, from a grantor other than the City. B. If the business subsidy is a guaranty, the amount of the business subsidy may be valued at the principal amount of the guaranteed payment obligation. C. If the business subsidy is real or personal property, the amount of the subsidy will be the fair market value of the property as determined by the City. D. If the business subsidy is received over time, the City may value the subsidy as it determines is fair and reasonable under the circumstances. 51 As used herein, "Benefit Date," means the date the business subsidy is received. If the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date occurs when the recipient puts the equipment into service. If the business subsidy is for improvements to property, then the Benefit Date refers to the earliest date of either when the improvements are finished for the entire project or when a business. occupies the property. E. All business assistance projects will need to meet a "Reasonable Rate of Return." Assistance will not be used unless the need for the City's economic participation is sufficient that, without that assistance. the project could not proceed in the manner as proposed. The Reasonable Rate of Return will be based on market standards at the time of the application for assistance. F. Business assistance will not be used when the developer's credentials, in the sole judgment of the City, are inadequate due to past track record relating to: completion of projects, general reputation and/or bankruptcy, or other problems or issues considered relevant by the City. G. Business assistance funding should not be provided to those projects that fail to meet good public policy criteria as determined by the Council, including: poor project quality; projects that are not in accord with the comprehensive plan, zoning, redevelopment plans, and city policies; projects that provide no significant improvement to surrounding land uses, the neighborhood, and/or the City; projects that do not have significant new, or retained, employment; projects that do not meet financial feasibility criteria established by the City; and projects that do not provide the highest and best desired use for the property. H. All projects receiving business assistance under the criteria listed in Minnesota Statutes 116✓.993, Subd. 3 must meet the job and wage goals described below. Minnesota Statutes 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the Department of Employment and Economic Development. 1. Except as described in 2 and 3, a business subsidy must result in the creation or retention of jobs, which will pay at least 80% of the Median Income for Dakota County (base jobs). In addition, consideration will also be given to the creation or retention of jobs, which will pay 100% of Median Income for Dakota County (head of household jobs). The Median Income for the County is annually defined by the Minnesota Housing Finance Agency. In 2006, 100% of the median is $78,500 and 80% of median is $62,800. Wage goals will be set forth specifically in the business subsidy agreement. Where job creation is one of the public purposes, of the business subsidy, the subsidy may be up to $10,000 per base job retained or created and may be up to $20,000 per head of household job retained or created. The amount of assistance available to a project will be limited by the amount of proceeds that TIF or other financing tools may support. 2. Job creation or retention is not required for businesses subsidies as long as the grantor identifies an alternate public purpose in addition to tax base increase. If after a public hearing/council consideration of the alternate public purpose(s) proposed, the creation or .retention of jobs is determined not to be a goal, the wage and job goals may be set at zero. 3. In lieu of job creation or retention, other measurable, specific, and tangible goals shall be established. Examples of tangible goals may include redevelopment, or pollution or soil remediation. r I. Business assistance will normally be used for projects that address the following land use issues: (1) more compatible with the City's Comprehensive Plan than other permitted uses for property; (2) located on property which needs but is not likely to be developed or redeveloped because of blight or other adverse conditions of the property; and/or include design and/or amenity features not otherwise required by law. J. Business assistance will be evaluated on the project's impact on existing and future public investment: (1) whether and to what extent the project will utilize existent public infrastructure capacity and the extent it requires additional publicly funded infrastructure investments; (2) arrangements for the City to receive a direct monetary return on its investment in the -project. K. Business assistance will normally be used for projects that demonstrate to the satisfaction of the City adequate financing for the project is available and that the project will be completed in a timely fashion. L. Business assistance from the City must satisfy all requirements of Minnesota Statutes 116J.993 through 116J.995. 5.02 some criteria, by their very nature, must remain subjective. However, wherever possible "benchmark" criteria have been established for review purposes. The fact that a given proposal meets one or more "benchmark" criteria does not mean that it is entitled to funding under this policy, bui rather that the City is in a position to proceed with evaluations of (and comparisons between) various business assistance proposals, using uniform standards whenever possible. CITY OF EAGAN PRE -APPLICATION BUSINESS ASSISTANCE FINANCING Legal name of applicant: Address: Telephone number: Name of contact person: REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including size and location of building(s); business type or.use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; estimated market value following completion. 3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the.property will be zoned. 4. A statement identifying how the assistance will be used and why it is necessary to undertake the project. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created, hourly wages and other community assets. 6. A written description of the developer's business, principals, history and past projects I understand that the application fee will be used for City staff and consultant costs and may be partially refundable if the request for assistance is withdrawn. Refimds will be made at the discretion of the City Council and be based on the costs incurred by the City prior to the withdraw of the request for assistance. If the initial application fee is insufficient, I will be responsible for additional deposits. SIGNATURE Applicant's signature: Date: 2 CITY OF EAGAN Application for Business Assistance Financing GENERAL INFORMATION: Business Name: Address: Type (Partnership, etc.): Authorized Representative: Description of Business: Legal Counsel: Address: FINANCIAL BACKGROUND: 1. Have you ever filed for banla uptcy? 2. Have you ever defaulted on any loan commitment? 3. Have you applied for conventional financing for the project? 4. List financial references: a. b. C. 6 �' Date: Phone: Phone: 5. Have you ever used Business Assistance Financing before? If yes, what, where and when? PROJECT INFORMATION: 1. Location of Proposed Project: 2. Amount of Business Assistance requested? 3. Need for Business Assistance: 4. Present ownership of site: 5. Number of permanent jobs created as a result of project? 6. Estimated annual sales: Present: 7. Market value of project following completion: Future: 8. Anticipated start date: Completion Date: FINANCIAL INFORMATION: . 1. Estimated project related costs: a. land acquisition $ b. site development C. building cost d. equipment e. architectural/engineering fee f. legal fees g. off-site development costs Total 7 r 2. Source of financing: a. private financing institution b. requested public assistance funds C. other public funds d. developer equity Total PLEASE INCLUDE: 1. Preliminary financial commitment from bank. 2. Plans and drawing of project. 3. Background material of company. 4. Pro Forma analysis. 5. Financial statements. 6. Statement of property ownership or control. 7. Payment of application fee of $1,000 8. Escrow payment $10,000 and Escrow Agreement APPENDIX A The Business Subsidies Statutes specifically exclude 22 items from the definition. The following are NOT business subsidies: e A business subsidy of less than $25,000; Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; • Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; • Redevelopment property polluted by contaminants as defined in M.S. Section 116J.552, Subd. 3; • Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; • Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; • Assistance for housing; • Assistance for pollution control or abatement, including assistance for a fax increment financing hazardous substance sub -district as defined under M.S. Section 469.174, Subd. 23; • Assistance for energy conservation; • Tax reductions resulting from conformity with federal tax law; • Workers' compensation and unemployment compensation; • Benefits derived from regulation; Indirect benefits derived from assistance to educational institutions; • Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; • Assistance for a collaboration between a Minnesota higher education institution and a business; • Assistance for a tax increment financing soils condition district as defined under M.S. Section 469.174, Subd. 19; • Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; • General changes in tax increment financing law and other general tax law changes of a principally technical nature; • Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; • Funds from dock and wharf bonds issued by a seaway port authority; • Business loans and loan guarantees of $75,000 or less; and • Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. City of Eagan Programs Available for Financial Assistance The City of Eagan works to pursue a broad base of business interests to maintain a diverse tax base. The following programs may be available to provide assistance for development and redevelopment projects. All projects receiving assistance must complete an application and qualify for assistance under the City's Business Assistance Policy and the Minnesota Statutes applicable for each type of assistance. It should not be presumed that a project meeting the criteria will automatically be approved. Program Description Requirements Term Maximum Assistance Must comply with Minnesota Statutes. Assistance is provided 469.174. by increasing the tax base of a parcel Must be for persons of low to moderate Tax Increment Financing — through development of rental or owner income, as defined by Minnesota Housing Maximum of 26 Amount is based Housing District occupied housing for Finance Agency. years of increment on proven need. person of low to Up to 20% of the fair market value of the moderate income. improvements may be for uses other than low and moderate income housing. Must comply with Minnesota Statutes 469.174. Assistance is provided Must discourage businesses from moving to by increasing the tax another state or municipality; increase Tax Increment Financing — base of a parcel through development employment in the state and/or preserve and Maximum of 9 Amount is based Economic Development of a manufacturing, enhance the tax base. years of increment on proven need. District warehousing, research At least 85/o o of the building must be used for and development or manufacturing, warehousing, research and telemarketing facility. development, telemarketing, or space necessary for and related to the above. Must comply with Minnesota Statutes Assistance is provided 469.174, including, subd. 10(a)(1): by increasing the tax Y 70% of the area of the district must be base of a parcel occupied through improving . More than 50% of the buildings must Tax In Financing — blighted areas and be."structurally substandard" Maximum of 26 Amount is based Redevelopment District substandard buildings. years of increment on proven need. New development can At least 90% of the increment must be used to include commercial, finance the cost of correcting conditions that housing and/or retail allow the designation of a redevelopment . development. district. Must comply with Minnesota Statutes 469.174, including: 70% of the area of the district must be Assistance is provided occupied by increasing the tax _ • 20% of the buildings must be base of a parcel "structurally sub Tax Increment Financing — through improving blighted areas and standard" • An additional 30% of the buildings Maximum of 16 Amount is based Renewal and Renovation substandard buildings. must require renovation or clearance years of increment on proven need. District New development can for qualifying reasons include commercial, At least 90% of the increment must be used housing and/or retail to finance the cost of correcting conditions development. that allow the designation of a redevelopment district. Cost of the proposed removal or remediation Assistance is provided must exceed the fair market value of the land by increasing the tax before the completion of the preparation. base of a parcel Tax Increment Financing — through removal or Increment must be spent only to: acquire Maximum of 12 years of increment Amount is based on proven need. Soils Condition District remediation of a site parcels on which removal or remediation will with hazardous occur; pay the cost of the removal or substances, pollution or remediation; or pay administrative expenses. contaminants Tax Increment Financing — Hazardous Substance Subdistrict Parcels in a TIF District of any ldnd for which there is a state approved "development action response plan" and the authority has entered into an agreement for removal actions. Parcels must be located within a TIF District and "designated hazardous substance sites" or be contiguous parcels that are expected to be developed together with the hazardous substance site. Maximum of 26 y of increment. This overrides any shorter duration for the underlaying TIF District. Amount is based on proven need. Loans will only provide gap financing to Pooled revolving loan businesses that can get conventional and/or fund providing gap SBA financing for a majority of the loan Loan is amortized Twin Cities Community financing to leverage private sector lending amount. up to the life of the Loans provide Bap g p Capital Fund p and investment for Project and loan amounts must be credit asset securing the loan to $2 million. business development. worthy as determined by the primary bank and TCCCF. The State of Minnesota and the Metropolitan Council provide numerous programs to State of Minnesota and the assist with development and Program requirements are defined by the State and Metropolitan other regional Varies by program Varies by i Metropolitan Council redevelopment. The guidelines. program City will consider acting as a conduit to assist with receiving fimding for projects. Note: By Policy, the City of Eagan does not provide assistance through Tax Abatement. DRAFT — CITY OF EAGAN Tax Increment Financing Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer tax increment financing assistance for commercial and housing development and redevelopment projects. The Minnesota Tax Increment Act is codified as Minnesota Statutes 469.174 through 469.1811. 1.02 As a matter of adopted policy, the City of Eagan will consider using tax increment financing to assist private developments only in those circumstances in which the proposed private projects show a demonstrated financing gap and meet one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February 22, 2001. 1.03 This policy shall be used as a guide in processing and reviewing applications requesting tax increment financing assistance. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 1.04 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 1167.993 through 1167.995. 2. USES 2.01 Tax increment may be spent only for specified purposes permitted in the underlying development statutes. Such purposes generally include: land and/or building acquisition; site improvements; demolition and relocation; parking, streets and sidewalks; public and on-site utilities; other public improvements; and interest. Because the development statutes are often ambiguous, whether a particular activity is TIF -eligible may depend on the facts in each case. 2.02 The City may retain a maximum of 10% of the tax increment to pay for administrative authorized in the TIF Plan. The City may also retain an additional 5 to 15 percent for pooling, depending on the type of tax increment district. 3. BUT FOR TEST 3.01 The City must find that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value of the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan according to Minnesota Statutes, Section 469.175, subd. 3(d). 3.02 A pro forma must be provided by the developer to complete a pro forma analysis for the proposed project and statement explaining the need for tax increment . 4. TYPES OF FINANCING 4.01 The City will consider "pay as you go" financing arrangement with the developer. For pay as you go financing, the developer pays for various TEF -eligible costs initially, and the authority Ehlers S Associates, Inc. -TIF Basics promises to reimburse the developer from tax increment over time as it is generated. This arrangement may be structured as a revenue note or bond issued to the developer, with an interest component to compensate the developer for costs of financing the improvements up front. 4.02 Bonds secured by tax increments may be issued when there is a need for initial capital to finance public or private improvements. The bonds may be general obligation bonds backed by the full faith and credit of the City. 5. TERM OF ASSISTANCE 5.01 The City retains the ability to provide a shorter term for the tax increment than allowed by Minnesota Statutes 469.174 through 469.1811 6. ADDITIONAL CRITERIA BY TIF DISTRICT TYPE 6.01 Redevelopment and Renewal and Renovation Tax Increment Districts must consist of parcels with 70 percent of the area of the district occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. They also must contain structurally substandard buildings, as defined in Minnesota Statutes 649.175, Subd. 10 and 10a. The City will work with an independent third party to make the determination if a District qualifies. A. Districts typically will include multiple parcels within the City of Eagan. B. Applications must include a master plan of the developer, including a unified, integrated development approach to the entire area and/or major sub -area. 6.02 Housing Tax Increment Districts must develop a facility intended for occupancy in part by persons or families of low and moderate income. The City will give priority to mixed income developments. A. Rental projects must satisfy the income requirements for qualified residential rental projects under Section 142(d) of the Internal Revenue Code. The three options for income limits on a standard housing district are 20% of the units at 50% of median income, 40% of the units at 60% of median income, or 50% of the units at 80% of median income. B. For single family developments, at least 95% of the houses assisted with tax increment must be occupied with persons at 100% of median income for a family of two or less and 115% of median income for families of three or. Median income under this provision is the greater of the statewide median or the county median and is annually updated. 6.03 Economic Development Tax increment District must find that the district will (1) discourage business from moving to another state or municipality; (2) increase employment in the state; or (3) preserve and enhance the tax base of the state. A. Increment may not be used to assist developments if more than 15% of the buildings and facilities (on a square footage basis) are used for a purpose other than manufacturing; warehousing, storage and distribution of tangible personal property (excluding retail sales); research and development related to the aforementioned activities; telemarketing, if that activity is the exclusive use of the property; and space necessary for and related to the above. B. All projects receiving business assistance must meet the job and wage goals described in Section 5.01 (H) of the City's Business Assistance Policy. 6.04 Soils Condition Districts require the presence of hazardous substances, pollution, or contaminants requiring removal or remedial action for use. 6.05 Hazardous Substance Sub -districts consist of parcels within a TIF District of any Idnd that are "designated hazardous substance sites" or are contiguous parcels that the authority expects to be developed together with the hazardous substance site. -7D DRAFT — CITY OF EAGAN Twin.Cities Community Capital Fund Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer gap financing assistance through the Twin Cities Community Capital Fund (TCCCF). 1.02 Asa matter of adopted policy, the City of Eagan will consider using the TCCCF to provide gap financing to leverage private sector lending and investment for business development. Proposed projects should show a demonstrated financing gap and meets one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February' 22, 2001. i 1.03 This policy shall be used as a guide in processing and reviewing applications requesting gap financing assistance. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 1.04 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 1161993 through 1167.995, and the TCCCF Loan Criteria. 2. USES 2.01 Funds from the TCCCF may be spent only for specified purposes permitted in the TCCCF Loan Criteria. Such purposes generally include gap financing for the following items: fixed assets, including land and building purchases; building construction; leasehold improvements and building renovations; machinery and equipment purchases, renovation and moving expenses; and worldng capital, when secured by fixed assets with fixed repayment schedules. Project eligibility will be reviewed and may depend on the facts for each project. TYPE OF FINANCING 3.01 Financing through, the TCCCF is long term, subordinated, fixed rate loans in partnership with local lenders. 4. TERM OF ASSISTANCE 4.01 The term will be negotiated with the TCCCF loan officers with the primary factor being the collateral offered. For most projects, loans will be amortized up to the life of the asset securing the loan. Loans secured by real estate will generally not exceed 20 years, and loans secured by machinery and equipment will generally support a loan term of up to 10 years. 5. INTEREST RATES 5.01 The interest rate of the loan is negotiable. Adjustable and fixed rate loan are available. 6. MAXIMUM LOAN AMOUNT 6.01 The maximum loan amount is $2,000,000. Loans amounts will be based on need, as determined by the TCCCF loan officer. 7. CRITERIA 7.01 Applicants for TCCCF assistance shall have made application to a private sector lender, who has made a determination that the'applicant's project is credit worthy, but that a financing gap exists between the project cost and the amount that the private lender's loan and applicants' equity can support. 7.02 The applicant will be required to complete the City's Business Assistance Pre -Application Form and provide documentation of the status of the private loan application to serve as the basis of the City's referral of the applicant to the TCCCF program 7.03 Applicants for TCCCF loans will be evaluated in consideration of the Business Assistance Policy Criteria, with the qualification that the job and wage goals may be waived in consideration of the fact that the assistance is provided by the resale of the loan to the secondary market. If the structure of the TCCCF loan requires City costs in addition to its membership commitment, the job and wage goals would need to be met. 7.04 A 1.75% loan origination fee will be changed to all borrowers. This fee will be assessed only for approved loans, but must be paid at or prior to loan closing. A 0.5% loan underwriting fee shall also be paid by the borrower at loan closing. Borrowers are responsible for paying all legal and other loan closing costs incrurred by TCCCF. 72� Meeting Notes Finance Committee Meeting October 3, 2006 1. Adoption of Agenda The Agenda was adopted as presented. II. Business Assistance Policy and Public Financing Policies Community Development Director Hohenstein provided an overview of the . background regarding Business Assistance Policies and Public Financing Policies. He indicated that cities that provide public financing assistance to private businesses or developments are required by statute to adopt and follow a business assistance policy, which among other things lays out specific job and wage level goals for projects that do not involve redevelopment or housing development. The City's most recent Business Assistance Policy was adopted in 2001, prior to statutory amendments that require it to be updated. He stated that the Economic Development Commission's Finance and Development Committee had largely completed an update of the Business Assistance Policy and TIF Policy, but that the full Commission had not acted on a recommendation at the time that the EDC was disbanded. He said that the EDC Committee's approach to the policies was that the Business Assistance Policy would apply to all types of assistance and that a "tool box" of financing methods, such as tax increment financing and a revolving loan fund, would be tools within the tool box. The one outstanding issue was the specific job and wage goals to be set for economic development projects where job or business development is the purpose of the assistance. He indicated that many policies set higher wage or_ leverage requirements to help create living wage of head of household jobs and prevent public financing from being used to create low wage jobs or small numbers of jobs. Taking a somewhat different approach, the EDC Committee had suggested setting a low minimum,of one job at federal minimum wage to create the greatest flexibility for the Council to approve projects regardless of the number of jobs or their wage level. The EDC Committee had determined that both approaches should be presented to the Council for consideration in the adoption of the policies. The Finance Committee indicated that it would be more appropriate to have . higher wage and job creation goals In the City's policies. It was noted that other City policies do permit Councils to waive or amend the goals for specific projects if they determine that the project warrants it. 13 Hohenstein also overviewed information relative to Tax Abatement authority and the Twin Cities Community Capital Fund, which the Council has authorized the City to join at the recommendation of the EDC. The TCCCF is a revolving loan fund, which resells loans on the secondary market to leverage more loans than a single city's loan fund could capitalize. The Finance Committee concluded that the basic approach of a master policy and tool box is appropriate. The Committee directed staff to develop wage and job goals that would require higher base wages and a relationship between the level of assistance and number of jobs. The Committee indicated that it is not supportive at this time of the City using tax abatement authority and that staff should prepare a policy statement to that effect. Finally the Committee directed staff to prepare a brief policy statement indicating that the City will generally apply the Business Assistance Policy to businesses'seeking financing through the TCCCF, but that the City would not add criteria or standards beyond the basic TCCCF determination of eligibility and credit worthiness for such loans. The revised job and wage goals and the policy statements regarding tax , abatement and TCCCF were to be returned to the Finance Committee for a recommendation to the full Council on the adoption of the policies. Ill. Other Business City Administrator Hedges briefed the Finance Committee on the status of discussions with a prospective user of the Eagan Civic Arena. He noted a number of items that need additional clarification and discussion to include potential bonding questions, payment of operating costs, and a desire to use new revenue streams such as naming rights and/or advertising sales as a mechanism to pay for ice time use. Director of Administrative Services VanOverbeke covered the basic financing elements relating to new construction as they have been discussed and noted a list of questions that need to be answered by a bond attorney before additional substantive discussions can be held. Due to potential client conflicts it has been problematic to get the questions addressed to date. The Finance Committee provided direction that interior naming rights may be appropriate and that any revenue deal needs to be straight forward and simple. They also directed that if all of the bonding questions can be satisfactorily answered, protection must be provided to ensure that no debt service requirements become obligations of the City. IV. Adjournment V City of Biu Ycio TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 29, 2006 SUBJECT: BUSINESS ASSISTANCE AND TIF POLICIES — FINANCE COMMITTEE REVIEW The purpose of this memo is to overview the current status of the City's Business Assistance Policy and the related. Tax Increment Financing and. Public Financing Assistance Policies, in preparation for a meeting with the City Council Finance. Committee. The desired outcome of the Committee's consideration of these items would be a recommendation to the City Council to adopt updated Business Assistance and TIF Policies for our use in responding to applications for public financing assistance and to form the basis of our future reports to the state regarding our compliance with state law and the policies when providing public financing assistance to businesses and developments. REQUIREMENT FOR BUSINESS ASSISTANCE POLICIES State Law requires that local governments that provide public financing assistance to businesses or development adopt policies to define the criteria by which they will consider such assistance. The criteria typically start with the criteria for a specific business financing tool (TIF, revolving loan funds, eta) and may include other criteria that are deemed appropriate by the local government. If the assistance is provided for true economic development (job and/or business retention, expansion or location), however, state law requires that the policy include job creation and wage goals, of some kind. The City's current policy, which is attached, is a number of years old and should be updated to comply with statutory changes and make appropriate references to applicable statutes. it would be best if this could be completed prior to the end 2006, so that the policies could be the basis for year end 2006 reports to the state. It will also be valuable to have a current policy in place to guide discussions with business and development prospects that approach staff on a confidential basis in advance of a formal development application or financing assistance application. When used in this way, the policy would not guaranty assistance, but would help 15 define what projects may be covered by .the policies and would merit further consideration or application. EDC DISCUSSION OF UPDATED BAP AND 71F POLICIES Prior to the discontinuation of the Economic Development Commission earlier this year, the EDC Finance and Development Committee had completed drafts of the Business Assistance Policy and TIF Policy, which are attached. The format of the policies is to treat the Business Assistance Policy as an umbrella for all types of financing assistance and for policies related to specific types of assistance to be attachments to it. The group stressed the need to keep the policies understandable to the business or developer that might be requesting assistance, so other than legal references that are required by the statutes, the layout and language of the policies is purposely simplified. Job and Wane Goals The primary outstanding issue related to the criteria to be applied to Economic Development TIF Districts, specifically as they relate to job creation and wage goals. Such goals are legal requirements for such policies. The reason that job and wage goals are a requirement relates to the definition of economic development. The National Development Council defines "economic development" as private sector investment in long-lived physical plant and equipment, to increase productivity and to create new, permanent private sector jobs. The NDC defines the public sector role as encouraging such investment by a variety of means, sometimes including public financing assistance. Economic development literature typically focuses on head of household or living wage jobs. For that reason, state economic development programs and many, if not most, City policies have require that public financing assistance for economic development purposes result in the creation of jobs at or above a certain living wage level or leverage requirements of one job at a required wage level for every $xxxxx of assistance. Such wage levels often are defined as a multiple of the minimum wage, an annual calculation of a living wage or head of household wage or a prevailing wage for a particular type of job. Eagan's •current policy is based on a prevailing wage standard for comparable jobs. Other policies set a basic wage rate as a prerequisite for consideration and award points for average wage rates for jobs created that substantially exceed that. An example of this approach is the Burnsville Business Assistance Policy and TIF Policy, which is attached. While not as simplified as a straight base standard, the factor weighting approach of the Burnsville policy allows it to, both set a base level for wages and award greater points for higher numbers of higher paying jobs. /(p In situations that do not relate to "economic development", such as redevelopment, renewal and replacement, soils correction and other property focused projects, other cities' business assistance policies permit the job creation and wage goals to be waived by the City in consideration of other public benefits. Again, the. Burnsville policy is an example. The EDC Finance Committee discussed the matter at length and concluded that the City Council and the EDA would have the maximum flexibility if the policy did not set substantial minimums for jobs or wages and, as a consequence, prepared a draft policy that set the job and wage goals for a project at one job at the federal minimum wage. The Committee indicated that. it would understand if the Council wished to set higher standards in the policy or for a particular project, but the group took the approach of creating a low base that would be met in all cases rather than a higher one that might be waived if the job and wage goals were found not to apply to the type of project under consideration. Staff presented the more traditional approach of setting a particular job and wage level or leverage ratio would help the staff and the Council screen and evaluate proposals and applications for "economic development' projects. it would also control situations in which large amounts of public -financing were being requested for projects that would only provide low paying jobs. The Committee agreed that both options should be presented to the Council for its consideration. The matter had not gone to the full Commission at the time that it discontinued its meetings. Other Issues Tax Abatement Policy In 1997, the state created the authority for cities, counties and school districts to create Tax Abatement Districts. Unlike tax increment where the City can make a decision to capture and use the incremental taxes from a development from all twang jurisdictions, under tax abatement, each jurisdiction gets to determine whether to abate its portion of property taxes. A fact sheet regarding Tax Abatement is attached. The City of Eagan has not used this tool and, to date, has not had a policy statement for its use. Cities that do use the tool, typically only appy it to the incremental taxes from a development, but the statute,does permit the abatement of the base tax amount as well. The EDC Finance Committee was reluctant to recommend a policy for the use of the tool, because of concerns that it would be dffficult to adhere to the standard that the City would only abate incremental taxes and that there would be pressure and temptation to use the tool to bail out troubled businesses rather than encourage economic development and additional investment. That having been said, as more cities use the tool, the City does receive inquiries as to whether the tool is available. It would be important to determine whether Eagan should develop a policy and whether the Council would be comfortable that a policy based on abatement of incremental taxes would resolve the, EDC members' concerns. Revolving Loan Fund - TCCCF At the recommendation of the EDC, the City Council also approved participation in the Twin Cities Community Capital Fund, a pooled revolving loan fund. A fact sheet regarding the Fund is attached. The City capitalized its participation in the fund using the proceeds of two DEED gmntAoan projects that were carried out and repaid in the 1990's. The fund allows loans to be packaged and issued up to ten times the amount of the City's participation ($2 million on the $200,000 investment) and, because the loans are combined and resold on the secondary market, it is possible for the fund to make multiple loans, rather than being limited to $200,000 or even $2,000,000. Loans are available for fixed assets at market rates with terms roughly matching the life of the assets acquired. The loans will only provide gap financing to businesses that can get conventional and/or SBA financing for a majority of the amount to be lent. The City has participated in publicizing the availability of the fund to area banks, but it seemed advisable to have the Business Assistance Policy update completed before more promotion of its availability to. the business community. At the present time, the only eligibility criteria for the use of the fund would be that the project and loan amounts are credit worthy as determined by the primary bank and the TCCCF and that the applicant meets the Business Assistance Policy job and wage goals. This appears to be the common approach from discussions with other TCCCF members. This would be the approach staff would recommend, unless the Finance Committee and City Council conclude otherwise. A simple policy statement to that effect could be prepared and added under the Business Assistance Policy umbrella. POLICY QUESTIONS The primary policy questions that have been identified are: • Whether the basic approach to the Business Assistance and TIF Policies is appropriate and presented in a usable and understandable way? • Whether the City's economic development criteria should have a base of one minimum wage job to qualify for economic development business financing assistance or if a higher base or leverage approach would be more appropriate? • Whether the City should consider developing and adopting a tax abatement policy? • Whether the City should apply additional criteria above the basic Business Assistance Policy to applicants for the Twin Cities Community Capital Fund? CONCLUSION The updates of the City's Business Assistance Policy and TIF Policy are in order for approval, with additional direction with respect to the job creation and wage goals. A Revolving Loan Fund/TCCCF Policy can be prepared if the background is satisfactory. Staff is requesting direction on whether to prepare a Tax Abatement Policy for consideration by the Committee and the City Council. Community Development Director Cc: Gene VanOverbeke, Director of Administrative Services Rebecca Kurtz, Ehlers and Associates Agenda Information Memo December 19, 2006 Eagan City Council Meeting N. 2007 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2007. FACTS: Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the Council's approval. The proposed increases are primarily in the 1.6-5% range. ATTACHMENTS: • Consulting Engineering Fees, page • Fee Increase Comparison, page J 2007 COMPARISON OF CONSULTING ENGINEERING RATES FOR THE CITY OF EAGAN CLASSIFICATION BRAA WSB SEH SRF - CITY Senior PIncheml/P*d el Munkdpal Range Average Pubbo/Private Average Range Average Posklon Tine _Range $115.00 to $140.00 $127.50 8130.00 813D.OD to $181.00 815550 8133.00 to $161.00 $147.00 $135.00 Department Head Priv I En deer / SrAssxlate / Senior Pro Manager '8112.00 to 8130.00 8121.00 8105.00 to 8176.00 8140.50 8123.00 to 8149.00 8136.00 S fist/Associate/Sr. Pmj Manager 8100.00 to 8165.00 8132.50 8119.50 $105.00 to $139.00 8122.00 $115.00 City Engineer Prolect Man er / Dept Mn r I DesignReviiew Engr 8108.00 to 8125.00 $116.50 $102.00 887.00 to 8131.00 $114.00 to $0.00 8105.00 Ant. CRY Engineer Registered EngkeedAmhkect/ Natural Resource/Senor GIS Specialist 8103.00 to 8128.00 8115.50 893.00 887.00 to 8119.00 8103.00 $100.00 Transportation Engineer Landscape Architect / Hydrologist /Planner 894.00 to 8114.00 8104.00 875.00 to 8115.00 895.00 ProectEn NeWAmhkecl 878.00 to 8112.00 895.00 $83.00 885.00 to $125.00 8105.00 862.00 to 897.00 879.50 Senior GIS Designer I Water Resource / Senior Designer 879.D0 to 597.00 $88.00 MIS specialist 892.00 to 8125.00 8108.50 Engineering Specialist / ROW Spec / Senior ent $66.00 to 8109.00 897.50 885.00 Project Coordinator System Integration Specialst I Senior Editor 883.00 to 8102.00 892.50 Graduate En NeeNArchked Senior Field Supervisor/ ConsWctkn Observer 883.00 to 8110.00 896.50 874.00 ' Lead Tachnician/EagrTach N/CADD/Su r its 866.00 889.00 to 8126.00 8107.50 886.00 to 8109.00 897.50 SeniorTechnlokn/En rTech III/CADD/Suma /Grahics 863.00 to 890.00 876.50 260.00 879.00 to 896.00 $87.50 $69.00 to 894.00 881.50 875.00 Engineering Technician En Neerin gTechnkdan II/Scientist WADD/Sumay/Graphim 855.00 $66.00 to 884.00 875.00 849.00 to 880.00 864.50 Pro ecs Technician 844.00 te 863.00 _ 853.50 848.00 840.00 to 883.00 851.50 AdmNhtrBve Assistant 858.00 to 878.00 $66.00 Word Proc/AdmN TedVOBrce Tech II 861.00 $49.00 to 884.00 866.50 $50.00 to $76.00 863.00 Clari utVAncroTech/OMce Tech l 832.00 843.00 to 876.00 859.50 33Pereon Survey Crew 8162.00 8145.00 2 -Peron SumCrew $136.00 $120.00 GPS Sumey Equipment 838.00 820.008rour Total Station Equoment 828.00 GIS Workste lion Equipment $22.00 GPS Submeter Unit .hall da 880.00 ' Mileage Included 0.445 Moe Reimbursed at a rate not to excee the camnt allowable IRS rate Reproduction, Printing. Duplicating, Stakes, Field Supplies, Telephone calk Etc. Included Included Blied at actual cost DalliF Field Vehicle Allowance 810.00 Da Flow Meter ( week) 825.00 Ab Detection Equipment(per hall d 825.00 BRAA= Bonestroo, Rosene, Anderfih & Assca, WSB = WSB & Associates SEH = Short Egnk, Hendrickson, Inc. SRF = SRF Consulting Group, Inc. 2007 COMPARISON INCREASE OF CONSULTING ENGINEERING FEES FOR CITY OF EAGAN CLASSIFICATION BRM WSBBASSOCIATES SEH SRF CITY 2006 % 2007 2006 % 2007 2006 % 2007 2006 % 2007 2006 % 2007 Position Title Senior Principal / PrinciI $125.00 2.0% $127.50 $125.00 4.0% $130.00 $153.00 1.6% $155.50 $143.50 2.4% $147.00 $135.00 0% $135.00 Dept Director Principal En ineer/SrAssoclete/Sr Prol Mar $118.50 3.9% $121.00 $117.00 $140.50 0.0% $140.50 $132.50 2.6% $136.00 Specialist / Associate l Sr. Prof Mar $131.00 1.1% $132.50 $112.00 6.7% $119.50 $118.50 3.0% $122.00 $115.00 0% $115.00 City En ineer Pro. Mngr I Dept Mgr. / Deai n Review Emir. $112.00 4.0% $116.50 $98.00 4.1% $102.00 $112.00 1.8% $114.00 $110.00 $105.00 0% $105.00 AntCftyFngr Registered Engineer/ArchitectfNatural Resouroe/Senlor GIS Specialist $109.50 5.5% $115.50 $89.00 4.5% $93.00 $100.50' 2.5% $103.00 N/A $100.00 TransportabonEnor. Landscape Architect / Hrot ist/Planner $100.00 4.0% $104.00 $65.00 11.8% $95.00 Project Engineer/Architect $90.50 5.0% $95.00 $80.00 3.8% $83.00 $103.00 1.9% $105.00 $77.00 3.2% $79.50 Sr GIS Desi ner / Water Resource/Sr Designer $85.00 3.5% $88.00 $96.00 MIS Specialist - $106.00 2.4% $108.50 Enginserino SpeciallsVROW Spec/Sr Agent $88.00 10.8% $97.50 $85.00 0% $85.00 Project Coordinator System Integration S dallsl/Senlor Editor 1 $90.00 2.8% $92.50 Graduate Engineer /Architect $71.00 N/A Sr Field Supemisor/Construction Observer $89.60 7.8% $96.50 $80.00 -7.5% $74.00 N/A Lead Technician / Engr Tech IV / CADD/Survey/Graphics $64.00 3.1% $66.00 $105.50 1.9% $107.50 $93.00 4.8% $97.50 Senior Technician / Engr. Tech III / CADD / Survey /Graphics $74.50 2.7% $76.50 $58.00 3.4% $60.00 $87.50 0.0% $87.50 $79.50 2.5% $81.50 $75.00 0% $75.00 En rTech. Engineering Technician II / Scientist I / CADD / Survey / Graphics N/A $0.00 $53.00 3.8% $55.00 $75.00 0.0% $75.00 $59.50 8.4% $64.50 Project Technician $50.50 5.9% $53.50 $48:00 4.3% $48.00 $51.50 0.0% $51.50 Administrative Assistant $64.50 2.3% $68.00 Word ProoAdmin TeWOtfice Tech II $58.00 3.4% $61.00 $66.50 0.0% $66.50 $61.50 2.4% $83.00 Clencal/Assoc TechlOffice Tech l $31.00 3.2% $32.00 $58.00 2.6% $59.50 3 -Person Survey Crew $175.00 0.0% $175.00 $156.00 3.8% $182.00 $145.00 0% $145.00 2 -Person Survey Crew $130.00 0.0% $130.00 $131.00 3.8% $136.00 $120.00 0% $120.00 GPS Survey Equipment $38.00 0.0% $38.00 $20/ hour $2Mour Total Station Equipment $28.00 0.0% $28.00 GIS Workstation Equipment $22.00 0.0% $22.00 GPS Submeter Unit r half da $80.00 0.094 $80.00 Flow Meter rweek $200.00 Air Detection Equipment r half de $25.00 Mlles a At Cost Included in Above $0.485 $0.445 Current Allowable IRS Rate At Cost 0% At Cost Ropmductfon. Printing, Duplicating, Stakes, Field Su Iles TeleDhone caOs Eta At Cost Included IndudedActual Costs jDally Field Vehicle Allowance $10.00 d ((\o.0 NsuLnwE ow wcE&RATE&RMaadwEWlmaa w JV i -j 12/15/2006 Agenda Information Memo December 19, 2006 Eagan City. Council Meeting ACTION TO BE CONSIDERED: Approve Encroachment and Maintenance Agreements for landscaping, mailbox shelters and storm drainage outlets with Toll MN, L.P. and Steeplechase of Eagan Condominium Association, Inc., and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The developer and property owners association for the Steeplechase development (Project 05-M) have asked to construct mailbox shelters to be maintained by the association within public right-of-way; namely on Steeplechase Lane and Steeplechase Court. They have also asked to landscape, with the association maintaining said landscape, upon a center island within the public right-of-way on Steeplechase Circle. • The developer has also constructed rock facades on concrete outlets of certain ponds located within public easements within the Steeplechase development. • The City is responsible for the management of all infrastructure and fixed objects within the public right-of-way and easements. Accordingly, the City follows approved regulations and standards to enhance safety and limit the related liability. • The proposed agreement would authorize the developer and the association to construct, maintain and repair the improvements within the public right-of-way and easements. The developer and the association would be responsible for all costs relating to construction, maintenance and repair of the improvements, and the improvements would be constructed by the developer and the association in accordance with plans and specifications reviewed by City staff. • An agreement between the City of Eagan and Toll MN, L.P. and Steeplechase of Eagan Condominium Association, Inc., has been prepared providing for the cost and maintenance responsibilities for the proposed improvements within the public right- of-way and easements, as well as comprehensive liability insurance and indemnification for the City of Eagan. As set forth in the agreement, the developer and association shall bear 100% of all costs and responsibilities. • City staff have reviewed these agreements and found it to be similar to other landscape agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting P. PROJECT 778, TH 149 UPGRADE MODIFIED MUNICIPAL AGREEMENT ACTION TO BE CONSIDERED: Approve a modified Cooperative Construction Municipal Agreement for Project 778 (Trunk Highway 149 — Street Upgrade and Trail Improvements) with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk 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 have been submitted for approval by MnDOT staff. 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. Cost participation for the construction of Project 778 will include three public agencies; MnDOT, Eagan and Inver Grove Heights. In order to accommodate this multi -agency cost participation, a Municipal Agreement is required to be approved by all three agencies. On August 15' 2006, the City Council approved a Municipal Agreement with Mn/DOT and Inver Grove Heights which identified $2,161,800 in State funding to be applied to the project. The Inver Grove Heights City Council approved the same agreement at its August 14, 2006 meeting. Subsequent to both Councils' approval, Mn/DOT requested that approximately $56,000 of additional traffic signal improvements be included in the project. Therefore, the previous Municipal Agreement must be modified to reflect the additional funding to be provided by Mn/DOT. The modified agreement indicates that MnDOT will encumber the additional amount for a total of $2,217,800 for their contribution to the construction of Project 778. A portion of this sum, $494,150, has been designated to a segment of TH 149 within the limits of Inver Grove Heights. This agreement will allow Eagan, as the project lead agency, to manage this designated funding. City staff have reviewed this agreement and found it to be similar to other cost participation and cooperative construction agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting O PROJECT 950, OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION AND ACCESS IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 950 (Opperman Drive & TH 149 -Intersection Reconfiguration and Access Improvements) and schedule a public hearing to be held on January 16, 2007. FACTS: • On December 4, 2006, the City Council received a petition from Thomson Legal and Regulatory and authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 2, 2007. ATTACHMENTS: + Draft Feasibility Report, attached without page numbers. 50052511 Agenda. Information Memo December 19, 2006 Eagan City Council Meeting R. CONTRACT 06-01, TH 149 UPGRADE FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION AGREEMENT ACTION TO BE CONSIDERED: Approve an Agency Agreement for Federal Participation in Advance Construction for Contract 06-01 (Trunk Highway 149- Street Upgrade and Trail Improvements) with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-01 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 have been submitted for approval by MnDOT and contract work is anticipated to proceed with Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. • The Federal Highway Administration (FHWA) has dedicated $6,094,000 towards the construction of Contract 06-01. Since this amount is greater than $1,000,000, an agreement is required to be approved between the City of Eagan and MnDOT. • An agreement between the City of Eagan and MnDOT has been prepared which provides for more efficient distribution of FHWA funds through MnDOT for the use of financing Contract 06-01. • City staff have reviewed this agreement and found it to be similar to other cost participation agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 918 (Pilot Knob Road and Lone Oak Road — Street and Traffic Signal Improvements) for the signal at Pilot Knob Road/Central Parkway and Northwood Parkway with the'Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents.. FACTS: • Dakota County has completed the upgrade of Pilot Knob Road between Central Parkway and Lone Oak Road, including the addition of tum lanes and traffic signals. As part of this project, a new traffic signal has been installed at the Central Parkway/Pilot Knob Road intersection. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost, maintenance, and operation of the new traffic signal at Pilot Knob Road/Central Parkway and Northwood Parkway. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting T. PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-87000-011-00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four -lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes 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. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The initial appraisal of the slope, drainage and utility easement for this property initially indicated a value of about $15,166. An offer was accordingly forwarded to the property owners.The property owners responded by providing their own appraisal, which was considerably higher in value. • The two appraisals agreed on the land value for the property in question. The difference in easement appraisal value was due to a difference in opinion on the value of the damages to the property caused by the easement. • A review of the City's original appraisal has indicated a higher value for the resulting damages to the property due to the easement. The City's appraiser has suggested a revised offer of $60,662.00 as an appropriate alternative. The property owner has consented to this revised offer. • An agreement between the City of Eagan and the owners of Parcel 10-87000-011700, Outlot A, YMCA 16` Addition, has. been prepared providing for the acquisition cost for 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. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. MAO Agenda. Information Memo December 19, 2006 Eagan City Council Meeting U. THIS ITEM HAS BEEN REMOVED Agenda Information Memo December 19, 2006 Eagan City Council Meeting V. THIS ITEM HAS BEEN REMOVED 9D Agenda Information Memo December 19, 2006 Eagan City Council W. FINAL SUBDIVISION (TOWN CENTRE 100 20TR ADDITION) — ANXON. INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Town Centre 100 20`h Addition) to create two lots upon 4.8 acres located at 1274 Town Centre Drive and 3420 Denmark Avenue in the NW '/. of Section 15. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved August 15, 2006. ➢ This Subdivision will allow the construction of a new Walgreen's at Denmark Avenue and Town Centre Drive. D All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page TOWN CENTRE 100 20TH ADDITION tl '.'. "'i - �n'b?J' _�.� 1 t P0wY110P6RTBl®IRYL�:L11G.,°.roIYYI,IYIma.Ir IRI:T..IS,WMr4•,Y.:rW ... I/aI'IYSI•f..w.YMw.m,MMYbyWe4wwnlrY«(mNIWYIr•Iwrtat „m;,r�`�� an.m �ryi_ m:rL..nLmWtollu lml.N.twm.,ru:,Pr::rrrrrer.trwrrr - I .- ..---'-- ••—...--- -I N.rr«._,.,..r....tWa.,.1.NN.m1Y.....W.....,r.W.r...I.:.IR_ iSal ' �� +ORR CfMPE O+R'E � w=•u.+daiaf,LUG• ��uwtelYMtwl.Wr...ususwwer.wan.Movr.+wwu y Y ; ��Re � r r•...YYL+IwrIYY•IINYIarw� a IIT 11 �2 •. . � ISrr11 6.{t �� r1Y � .'� `F ♦` 11R'Ge,WYne WFV4'frVP`�'IWrr—MY�MO._M �. .. I f��4� CS]j r'• .4 V� � 1 :: � �13 0 WOr.r•�(�1.� u 1 '4 LL rI Pf:� L��♦ � yu � �Y=rl pl�we.If\WI y W.alYuo YUIMMWrr•.WaeYf.,r.Y WMtl.tl. eL y �y ♦ `� KWi M,RIiTWN,FUIM1s.YY.aw.wo WrmYY nnar . 1 ( ...all 1 8 r fill "l4C•d iof . G .;. y 6 •. f♦'♦rSi "•'rW`Psv4•• r,r'Oer�rrlYwd'�IYrrY,w�uttBTVw=era"9i s:.FYrlw®iY `�`r+„Y..•'ev I i{ : Tram .._ a -1 sv:�••`�f % �^'a i( �-.i �wYrinr...rrwrww+rrasrrr.......rx.werY,lrerwmw.l.rww.wl. j99 : 8 ?jk j g F.F..+wrslr ` 9 ... ;� - J� i�rj � �° W.Rrmlrwnr.r�rWrlTe I rt: eY�•TstA 1"�I.-../. L �r6slncMlrml. 4 I .Yf � « rrrwrrr_r R_rrmt.Irrr...r.Pr.rr t I .x d"RE% t t PSIS.fO ' 1 I� SMIYM'+ . ♦ eFi4Y IIM. 4m ' •I ♦ I 1 I Ir�tl10rYIDrres�YrP.Wr,Nr.r—r+—+.e- I TYIIrM1r «u6[3envYit0VIW90 _ ® e�ie� ro•Pi=1i Ytl]r�YrY WIrJeMew.i1014:Y1ON.0YIPY.NW PIrraieW ®1w sb 4�reI�Y�. xoam I I' � rwsl`Y°Vi..`W`w_ RT t... w..rwwsrr—rd—R°_.—rm_rr i• y � r.slrr.worl.:t�e —;� —' I LI LSI r + sulax mr i RECEIVED DEC 6 6 2066 CORNERSTONE :m '�.° ^r ^ " �;�R '• LhNO SVRVEYING. INC Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: X. Approve a resolution accepting a $1,525.12 donation from the Eagan Firefighters Relief Association. Fire Department. ACTION TO BE CONSIDERED: To approve a resolution accepting a $1525.12 donation from Eagan Firefighters Relief Association. FACTS: • The Eagan Firefighters Relief Association has would like to donate $1525.12 to the Fire Department for use in purchasing a Holmatro Hydraulic Rescue Cutting Tool for the Rescue Truck. • The Eagan Fire Department is requesting that these funds be applied towards buying the above mentioned Rescue Tool that will replace a tool purchased in 1974. • A thank you letter will be sent to the Eagan Firefighters Relief Association. ATTACHMENTS: Attached as page 9 is the proposed resolution. KV EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA . A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on December 19, 2006, at 6:30 p.m. The following members were present: Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, The Eagan Firefighters Relief Association has offered to donate $1525.12 for use by the City of Eagan; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota,.that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Firefighters Relief Association for the gracious and generous donation. ADOPTED this ISO day of December, 2006. Pat Geagan, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: • and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: Y. APPROVE AGREEMENT WITH THE CITY OF EDEN PRARIE TO EXTEND WEB SITE SERVICES SUPPORT TO THE CITY OF EAGAN ACTION TO BE CONSIDERED: Approve agreement with the City of Eden Prairie to extend Web site services support to the City of Eagan. FACTS: • Eden Prairie is a Minnesota city with the same Content Management System (CMS) for its Web site as Eagan. • Eden Prairie and Eagan are both members of LOGIS, so our networking systems are similar. • Unlike Eagan, Eden Prairie has a computer programmer/developer on staff and because of its staff size, Eden Prairie has capacity to contract with Eagan to provide these services up to 20 hours per month. • Currently Eagan has been contracting with a California-based firm for custom development services and staff believes local project management will allow Eagan to better move ahead on implementing improvements from the 2006 Web site usability study and make significant improvements. to the City's Intranet. • The city attorneys of both cities have reviewed the one-year agreement. • This line item is in the approved 2007 Communications Budget and the hourly rate represents a significant cost savings over other alternatives. ATTACHMENTS: • A copy of the agreement is on pages to of the packet. 95 AGREEMENT FOR THE CITY OF EDEN PRAIRIE. TO EXTEND WEBSITE SERVICES SUPPORT TO THE CITY OF EAGAN THIS AGREEMENT, entered into by and between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation ("Eden Prairie"), and the CITY OF EAGAN a Minnesota municipal corporation ("Eagan"), is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS, Eagan has implemented Q -Publishing Content Management Software for management of web related content and requires technical support to operate and maintain the system; and WHEREAS, Eagan requires assistance interfacing with Quantum Art and LOGIS, entities obligated to provide support of Eagan's website and Intranet and to resolve any issues pertaining to the. support of Eagan's Q -Publishing Content Management Software; and WHEREAS, Eden Prairie has implemented Q -Publishing Content Management Software for its own web related content, and has a more fully staffed Information Technology Department consisting of technical employees who have the time and skills necessary to provide the services required by Eagan, and; WHEREAS, Eagan desires to purchase website technical services from the City of Eden Prairie. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 1. SERVICES. 81872 1 N/ A. Eden Prairie shall provide qualified Management Information Systems Employees of Eden Prairie ("Employees") to perform website (Intranet and Internet) related development and programming for Eagan. These services include the following: • Professional Programming & Development Service; • Software and Hardware upgrade as required; • Monitoririg, troubleshooting and evaluation of website operation; and • Coordination with LOGIS, Eagan IT, and Quantum Art, as may be. necessary. Eden Prairie will generally provide services within the normal working hours of 8:00 a.m. until 4:30 p.m., Monday through Friday. However, considerations will be made for emergency situations and system upgrades which may require off hours support. B. Eden Prairie shall be solely responsible for compensating the assigned Employee(s), including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of Eden Prairie. In addition, Eden Prairie shall be solely responsible for worker's compensation, reemployment insurance benefits, and other employee related laws, including OSHA, ERISA, RLSA, and FMLA. Eden Prairie shall retain the authority to supervise the Employees, including the right to hire, schedule, fire and discipline them. C. Eagan will provide the necessary VPN access, office, equipment, and supplies for the assigned Employee(s) to provide the services required hereunder and will bear all costs attendant thereto. Eagan is responsible for any additional licensing, software, and hardware necessary to operate and access network servers and other related equipment owned by Eagan. 81872 2 97 D. The Eagan Communications Director shall communicate the work to be performed by the assigned Employee(s) and required deadlines for performance. In the event of a disagreement about work direction, Eagan Communication Director will work with Eden Prairie rr Manager/CIO to resolve the issue. 2. PAYMENT. Eagan will compensate Eden Prairie for support services at an hourly rate of $83.33 per hour for a total of 20 hours per month. The payment of $1,666.60 is due by 15th of each month. Unless specifically agreed to in writing by both parties, in no case shall services exceed 240 hours or $19,999 per year. If the monthly services do not require the full 20 hours per month, the remaining unused hours will be banked for use at Eagan's request. If Eagan requests more than 20 hours in a given month; those hours will be billed at the normal hourly rate. Any previously unused or banked hours will be applied as a credit towards any hours above and beyond the allocated 20 hours per month. The total monthly request shall not exceed 40 hours. Eden Prairie shall provide an invoice detailing the hours and projects on a monthly basis for which Eagan is responsible to pay. 3. INDEMNIFICATION. Neither city is liable for the acts or omissions of the other city relating to its performance under this Agreement. 4. DATA PRACTICES ACT. The parties shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et. seq., to the extent that the Act is applicable to data and documents in the hands of both parties. 5. AUDITS. The books, records, documents, and accounting procedures and practices of the parties relevant to this Agreement are subject to examination by either party and the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 81872 3 Mgt 6. CONFLICTS. No salaried officer or employee of the either party and no member of the City Council of either party shall have a financial interest,. direct or indirect, in this Agreement. A violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 7. LIMITATION OF REMEDIES. In the event of a breach of this Agreement by either party, neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 8. TERMINATION, SEPARABILITY.. A. This Agreement may be terminated by either party upon ninety (90) days' written notice provided to the respective City Manager of Eden Prairie or City Clerk of Eagan. B. Upon the effective date of termination, no further amounts shall be due and payable by Eagan to Eden Prairie under Section 2 of this Agreement. Any paid but unused hours shall be reimbursed by Eden Prairie to Eagan. Any and all records or property of the respective cities will be returned to the appropriate city within 90 days. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. E. This agreement may not be assigned by any party without prior consent of the other party. F. This Agreement may be amended by written mutual agreement of the Parties. 81872 4 q% IN WITNESS WHEREOF, the Cities of EDEN PRAIRIE and EAGAN have caused this Agreement to be duly executed effective on the day and year last entered below. Dated: Dated: PAHo=\EMGM4ERAL\Fapn ODubw-2006-I1.22.dw CITY OF EDEN PRAIRIE Ey: Nancy Tyra -Lukens Mayor of Eden Prairie Scott Neal City Manager of Eden Prairie CITY OF EAGAN M 81872 5 Pat Geagan Mayor of Eagan Maria Peterson City Clerk of Eagan M Agenda Information Memo December 19, 2006 Eagan City Council Meeting Z. THIS ITEM HAS BEEN REMOVED Agenda Memo December 19, 2006 City Council Meeting AA. 2007 RENEWAL OF CONTRACT WITH LIFEWORKS INC. ACTION TO BE CONSIDERED: Approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. FACTS: • Lifeworks provides unskilled employment opportunities for physically and mentally challenged adults. • The City of Eagan has contracted annually with Lifeworks Inc for the past 15 years to provide limited janitorial services, on a variable part-time basis, at park buildings designated by City staff. The efforts of Lifeworks are intended to supplement City staff. • The "Not to Exceed" contract total of $1,860 for 2007 has been incorporated into the approved 2007 Parks and Recreation Department operational budget. This represents a"0 W increase over the 2006 cost. • Lifeworks provides an on-site supervisor, insurance and assumes liability for its staff. • The contract may be canceled by either party when appropriate notice has been given to the other party. ATTACHMENTS: None 10Z Agenda Information Memo December 19, 2006 Eagan City Council Meeting BB. REZONING — CITY OF EAGAN ACTION TO BE To direct staff to initiate a Rezoning of the property legally described as Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway in the SW %4 of Section 9. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The subject site was guided Medium Density residential (MD) with the 2000 Comprehensive Plan Update. ➢ In order to allow the use on the property at that time (Richfield Blacktop) to remain as a conforming use and to maintain the required consistency between the Comprehensive Plan and the Zoning Map, the City subsequently rezoned the property to Transitional (T). ➢ While the site has some existing active Conditional Use Permits for outdoor storage of blacktopping vehicles and equipment, the current owner of the property has recently closed the business and put the property on the market for sale. ➢ The City Attorney has advised staff that due to the current inactivity of the site, the City should now rezone the property to R-3, Residential Townhouse in keeping with the ultimate use determined with the 2000 Comprehensive Plan Update. ATTACHMENTS: (1) Location Map on page l oq . 1d3 Location MapFive Ama ® DUUM E Fant p i i*.!� ` } ,wi'r�;s}t"'",�T,"� 7� ,J"^ �u *-T, lr' �, �u �.; g a �c� � fFn-z;� � ■.. � {�7 'd U ��4'�) � '� tt 1� �i{� t �. ly � Licl �i�T ) P• J�� p _, N°�� t'0yy.�.� n A�tr��'..yy tr�'�/'V@U J t µii f i 'tn i Ylh16.� ��sat ., .}• � �� } O i i'w. }S> L1. �siX? � "1�5 i��° s�rirvl,�9 ,. •' 7 ^v�; ��A� �:' rx� �rj�. is �w�SSti '�"�'hl��l-i�+'y� y" I O • ` `r A u 's•r}� r�ai u)h �eF t'" t6a oSi�.," ° t' 1 1 9 I^'d�rn+sit ��tt4A �Ik�"y® ry,) s�l�u ��4� !`��Y� � � S `! • tt� Q w s i M1� i p ��f Fs 9 ��• Lr � "ar, (t" i'e�s et ar • .i?', � • o, Sub"eat Site �{9�l�{'IITj 4}•�MY.��it�1 �TAFAI.."3'. ®® ieL t'l ��vt i 1 . a Y EMU mom )� I s �,� p •'.. ® ® '^t(;+yd ��f N�4 1 �' ,,.., kyr" ` 0 was `r r • 9. E- on L .5it M. k'YiCr'^ • ' wf a� 44 +V 1000 0 10DD 2000 Feet 3206 Sibley Memorial Highway Nw Fi•wMuwq l02a1 M•Vlrw lt. Pemnhw nmpdW pMd•tl oYDakeD Oo.ib Oelw afGwotlka.emrofPym aWL �O� N Cf�L��y�,y, f l� o! Lap TFUS MAP IS INTENDED FOR REFERENCE USE ONLY W 8 The City of Began end Dakota County do not Suegnlae the aeeumay of this Information and aro ° Grnmuvlb e•r•IePtmel MPntm••t not responathle for arrow or andsoloaa. Agenda Information Memo December 19, 2006, Eagan City Council Meeting CC. EXTENSION FOR RECORDING FINAL SUBDIVISION — LO NIDY ACTION TO BE CONSIDERED: To approve a 60 -day extension of time to record the Final Subdivision for Lo Nidy located at the southwest intersection Yankee Doodle Road and Highway 149 in the NW '/. of Section 13. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Subdivision was approved on October 17, 2006. The plat is required to be recorded within 60 days of approval. ➢ Due to difficulties in finalizing the Development Contract, the applicant is unable to record the plat within the 60 day timeframe. ATTACHMENTS (1): Location Map on page lC)5 Location Map 11171 r MENjs AS an film Ll SCI \� Mill aOF- I Ir L f"T I vii'%ZIV4�4w, f IS rr I I Limi K, Ull s ............. Mapil"m wftERSlArcVma,&I.Pw new a— byllabWaCour*011kedOlSarldlocarmu THIS ISM 13 IWENDED FOR REF9RENCE USE ONLY The City of Eagan and Dakota County do not guawmat" the ma, am Agenda Memo December 19, 2006 City Council Meeting DD. ACCEPT A DONATION FROM THE DAKOTA COUNTY CENTER FOR THE ARTS FOR PERSONAL PROPERTY LOCATED AT THE EAGAN ART HOUSE ACTION TO BE CONSIDERED: Accept a donation of personal property located at the Eagan Art House (other than business, financial, confidential or operational documents) from the Dakota Center for the Arts, dba The Eagan Art House. FACTS: • At their November 9, 2006 meeting the City Council approved a plan to integrate the existing Art House programs into the Recreation Division. • With the Department of Parks and Recreation absorbing the arts programming the Eagan Art House Board changed the mission of their non-profit organization to become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House. The board will retain its role in managing the Eagan Arts Festival with proceeds to benefit the Eagan Art House. • Over the past several years the Art House Board has purchased equipment and supplies to sustain the operation of the arts programming conducted in the Art House.. • Since the Board will no longer be facilitating the programming component they wish to donate all personal property located at the Eagan Art House to the City of Eagan Parks and Recreation Department for use by the department for community art classes. • It is expected that this donation will help provide a seamless transition from the Art House Board to the department by the end of this year. • An inventory and agreed value of all items will be completed by January 31 and submitted to the City of Eagan ATTACIi1V1ENTS: • Letter from Eagan Art House Board on page 105 . 0-7 EAGA.N ART MOUSE 3981 Lexington Avenue South Eagan, MN 55123 651-686-9134 www.eaganarthouse.org December 13, 2006 City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 The Dakota Center for the Arts, dba The Eagan Art House, wishes to donate all ownership rights in its personal property (other than business, financial, confidential, or operational documents) located at the Eagan Art House to the City of Eagan Parks and Recreation Department for use by the department in the provision of community art classes. This donation will help provide a seamless transition as operations move from the Eagan Art House Board to the Parks and Recreation Department at the end of this year. An inventory and agreed value of all items will be completed by January 31 and submitted to the City. Sincerely, �� Vicki Wright Board President Agenda Information Memo December 19, 2006 Eagan City Council Meeting A. 2006 (PAYABLE 2007) PROPERTY TAX LEVY ACTION TO BE Approve the proposed 2006 (payable 2007) property tax levy as follows: General Revenue: General Fund $ 19,067,200 Equipment Revolving Fund 905,440 Gen Facilities R/R Fund 134,010 Major Street Fund 1,247,812 MVHC/DCC Capital 950.100 Subtotal General Revenue 22,304,562 Debt service: Community Center bonds 1.198.523 Total City-wide Levy $ 23.503.085 Cedarvale Special Services Dist. $0 FACTS: • The City held a Truth -in -Taxation public hearing on December 4 to consider the 2007 General Fund budget and the payable 2007 property tax levy. No input from the public was provided at the hearing. • The State requires that the levy be formally adopted at a subsequent hearing. • The final levy must be certified to the County by December 30. No changes have been made to the general City levy or the Cedarvale Special Services District levy as presented at the December 4 meeting. ATTACHMENTS: • Enclosed on page M is a copy of the resolution adopting the final levy. MR RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2007 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 19, 2006, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember Councihnember and seconded by NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2007 as follows: Revenues: General Fund $ 19,067,200 Equipment Revolving Fund 905,440 Major Street Fund 1,247,812 General Facilities Renewal/Replacement Fund 134,010 MVHC/DCC Capital 950.100 Subtotal Revenues 22,304,562 Debt: Community Center/Central Park bonds 1.198.523 Total City -Wide Levy $23.503.085 Cedarvale Special Services District Levy S 3.000 Dated: December 19, 2006 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 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 19th day of December, 2006. Maria Petersen, City Clerk I� Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. Proposed 2007 General Fund Budget ACTIONS TO BE CONSIDERED: • Approve the proposed 2007 General Fund budget. • Approve 2007 expenditures in the total amount of $134,900 appropriated from the General Fund fund balance for: o Police CJHN Project $ 45,600 o CJRN 1T Needs Assessment 34,500 o DCC dispatch start-up costs 54.800 $ 134,900 FACTS: • The City held a Truth -in -Taxation public hearing on December 4 to consider the 2007 General Fund budget and the payable 2007 property tax levy. • The State requires the budget be adopted subsequent to the 2007 levy. • No changes were made to the budget pursuant to the Truth -in -Taxation hearing. • No changes were made to the above -listed items to be paid from the General Fund fund balance from what was presented to the Council in August. ATTACHMENTS: • Enclosed on pages _�L through J_ L are copies of comparative summaries of revenues and expenditures for the General Fund. e 2007 Comparative Summary of Expenditures General Fund Budget 2004 2005 2000 2007 PUBLIC SAFETY 11 Police Administration 477,100 Budget Actual Actual Budget Proposed GENERAL GOVERNMENT 5,739,600 Support Services 01 Mayor& Council $ 108,380 $ 112,577 $ 121,900 $ 127,500 02 Administration 705,281 532,276 502,100 485,200 03 Information Technologies 907,676 1,135,655 1,060,000 1,141,400 04 City Clerk 304,334 225,887 294,900 229,000 05 Finance 767,946 821,927 900,400 955,200 06 Legal 387,499 478,504 400,700 458,000 07 Comm Dev-Planning/ED 675,316 820,341 813,900 880,100 08 Comm Dev-Inspections 852,828 925,919 999,300 906,300 09 Communications 369,985 401,639 394,500 452,800 10 Human Resources With Admin 231,800 240.500 241,900 441.541 Gen Govt Total 5,079,245 5,686,525 5,728,200 5,877,400 PUBLIC SAFETY 11 Police Administration 477,100 investigations 1,453,100 Patrol 5,739,600 Support Services 2.162.800 Total Police 7,735,803 8,778,306 9,334,500 9,832,600 12 Fire Administration 961,800 Operations 173,800 Inspections/prevent 228,600 Support 177,500 Total Fire 1.025.743 1,100.821 1,218.500 1,541.700 Public Safety Total 8,761,546 8,879,127 10,553,000 11,374,300 PUBLIC WORKS 21 Public Works/Enginsedng 1,108,634 1,206,353 1,315,900 1,138,900 22 Streets 1,352,192 1,412,796 1,454,000 1,617,400 24 Central Svoes. Maird. 440,601 441.541 485,900 531.800 Public Works Total 2,901,427 3,060,690 3,255,800 3,2118,100 PARKS & RECREATION Parks & Recreation 30 Recreation 2,053,900 31 Packs 1.737.200 Total Parke and Rea 3,053,375 3,246,188 3,429,000 3,791,100 32 Tree Conservation 321,180 386.240 408.400 464.100 Parks & Ree Total 3,374,555 3,63$428 3,837,400 4,255,200 GENL GOVT BLDG MAINT 33 Building Maintenance 583,442 647,788 616,200 639,400 Total Expenditures - General Fund 41 Contingency -undesignated Transfer Out $ 20,700,215 22,906,658 Total Expenditures + Contingency 1.575.000 23,990,600 2SA34AN 26,900 14,900 2007 BUDGET GENERALFUND COMPARATIVE SUMMARY OF REVENUES General Property Taxes Licenses Permits Intergovernmental Rev Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers 2004:1.2005 2006 2007 Actual Actual Budget Pr000sed $ 16,214,910 $ 17,292,300 $ 18,225,400 $ 19,067,200 250,736 248,507 261,600 260,900 1,010,638 1,057,785 972,200 818,600 662,375 591,389 595,500 568,900 1,187, 572. 1,310,369 1,019,200 1,157,000 581,092 509,100 616,300 935,200 271,447 287,149 268,300 282,100 268,989 '381,869 350,200 459,500 1,100, 221 1,309,569 1,3114,200, 1,447,100 369,920. 402,392 394,600 452,800 TOTAL GENERAL FUND $ 21,917,900 $ 23,390,429 $24,Oo $ 25 F12.-� Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. Proposed 2007 Cedarvale Special Services District Budget ACTION TO BE Approve the proposed 2007 Cedarvale Special Services District Fund budget. FACTS: • Staff sent notices to all Cedarvale Special Services District property owners explaining the proposed budget and levy, and inviting them to attend the Truth -m - Taxation hearing. • The City held a Truth -in -Taxation public hearing on December 4 to consider the 2007 Cedarvale Special Services District budget and the payable 2007 property tax levy. • The State requires the budget be adopted subsequent to the 2007 levy. • No changes were made to the budget pursuant to the Truth -in -Taxation hearing. ATTACHMENTS: • Enclosed on page 0 is a copy of the 2007 revenues and expenditures budget for the Cedarvale Special Services District Fund . 113 Cq d Eapa 2007 Proposed Budget Operating Budget Special Revenue Funds — Cedarvale Special Services District (119) Expenditures by Category Fund Balance, Beginning of Year Revenues: Special Services District Taxes Interest on investments Total Revenues Expenditures: Professional Services -Auditing Mowing Fertilizer and Weed Control Sign Maintenance Total Expenditures Excess of Revenue Over(Under) Expenditures Fund Balance, End of Year HIGHLIGHTS & CHANGES Overview: The proposed 2007 Cedarvale Special Services District budget is expected to be about the same as the 2006 budget both on the revenue and expenditure side. Hiahliaht(Channe 1: None Financial Impact: None Service Level Impact: None. REVENUE & EXPENDITURE DETAIL Revised 2004 2005 2006 2007 Actual Actual Budget Budget $ 11,076 $ 8,748 $ 6,181 2,088 2,003 3,000 130 157 300 2,218 2,160 3,300 $ 3,081 3,000 300 3,300 - 500 500 500 500 3,066 3,461 3,400 3,500 - - 1,400 1,400 980 766 1,100 900 4,546 4,727 6,400 6,300 (2,328) (2,567) (3,100) (3,000) $ 8,748 $ 6,181 $ 3,081 $ 81 Agenda Information Memo December 19, 2006 Eagan City Council Meeting D. PROJ 946 THOMAS CENTER DRIVE - STREET IMPROVEMENTS THOMAS LAKE ROAD — TRAIL IMPROVEMENTS) ACTION TO BE CONSIDERED: Approve Project 946 (Thomas Center Drive — Street Improvements/ Thomas Lake Road Trail Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past seventeen years, the City has rehabilitated approximately 87 miles of local streets.. • The resurfacing of Thomas Center Drive (Thomas Lake Road to Cliff Road) has been programmed for 2007 in the City's 5 -Year Capital Improvement Program (CIP). • On Dec. 13, 2004, the City Council adopted a Community Trail System Policy to help identify, prioritize and facilitate the installation of remaining trail segments throughout the city. The installation of a bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, was reaffirmed as important to the City's commitment as a walkable community and has been identified as one of the highest priorities (#5 of 26) to be constructed. In accordance with this policy, remaining trail segments such as this are to be included with adjacent street improvement projects for cost effective economies of scale. It subsequently was programmed for 2007 in the 5 -Year CIP adopted by the Council on June 7, 2005 and again on June 6, 2006. e On June 6, 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of Thomas Center Drive, and the trail installation on Thomas Lake Road. • On November 21, 2006, the feasibility report for Project 946 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 14 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 10 total properties (all commercial/ industrial) proposed to be assessed under the Thomas Center Drive improvement, and 8 properties adjacent to the Thomas Lake Road improvement (all single- family with no assessment proposed), one property owner representing one property (along Thomas Lake Road) attended the informational meeting. Two written objections from one property to the Thomas Lake Road trail have been submitted and are enclosed. • Also enclosed is a map showing properties in the Mallard Drive neighborhood that petitioned for crosswalk improvements across Thomas Lake Road at Mallard Drive in March, 2006. At that time, City staff responded to the petitioners that this uncontrolled intersection would not be an appropriate location for a crosswalk, and that these proposed trail improvements would provide connection and access to the existing crosswalk at the Highline Trail. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: / • Feasibility Report, pages&hroughL34, • Informational Meeting Minutes & Attendees, pages]-3?and 139 Correspondence, pages Z3!�_ and L0 • Map of Crosswalk Petitioners (March 2006), page: 115 FF i N F 1 I _ ^�..! ♦ :. t C' :�1 Cid -. .. - ,/ - � F P: ,Se 1s y .2 City of Eapn Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges ..--CRY ADMMISiRA'ron MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 tax 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.cityoleagen.com THE LONE OAK THEE The symbol of strength and growth in our community. December 15, 2006 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Thomas Center Drive Street Revitalization Thomas Lake Road Trail Improvements City Project No. 946 Dear Mayor and City Council: Attached is our report for the Thomas Center Drive Street Revitalization & Thomas Lake Road Trail Improvements, City Project No. 946. 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,�,E\ J John P. Gorder Assistant City Engineer Reviewed By: Dept. Af Public Works 1N I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. f in John P. Gor er Date: 12-15-06 Reg. No. 22813 1Z -15 -o( - Date: (1 ' 16 -0& TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction.......................................................................................................2 Scope................................................................................................................. 4 Feasibilityand Recommendations.............................................................................. StreetEvaluation.................................................................................................. 5 Proposed Improvements..........................................................................................5 Easements/Permits................................................................................................ 8 CostEstimate........................................................................................................ 8 Assessments........................................................................................................ . Commercial/Industrial...........................:......................................................9 Thomas Center Driveway Entrance Replacement...................................................10 Assessment Financing Options.................................................................................10 Revenue Source................................................................................................... 10 ProjectSchedule....................................................................................................11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2A Thomas Center Drive - Street Improvement/Assessment Area Map - 2B Thomas Lake Road Trail Improvements - 3 Typical Section - Overlay - 4 Concrete Entrance — Detail Plate December 2006 Thomas Center Drive Street Revitalization Thomas Lake Road Trail Improvements Introduction/ History Thomas Center Drive Street - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CII') for street rehabilitation is developed from this information. The 0.3 miles of 44 -foot wide Thomas Center Drive, from Cliff Road to Thomas Lake Road, in south-central Eagan is identified for the 2007 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. Thomas Center Drive was constructed in 1982. Based . on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 24 - 26 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Thomas Center Drive -2- Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred. at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that Thomas Center Drive was seal coated in 1988 and again in 1997. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where .necessary. These repairs alone will not substantially extend the life expectancy of the street pavement if not combined with the proposed bituminous overlay proposed with this project. Thomas Lake Road Trail — In accordance with the City 2007-2011 Capital Improvement Program, an 8 -foot wide bituminous trail is proposed along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, within existing public right-of-way, approximately 1,900. feet to the north. This long -planned trail segment will provide increased connectivity of the City trail system. Thomas Center Drive -3- , ^ ` The Public Works Department has also inspected the utility infrastracture..(sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 0.3 miles of roadway. Figure 2A, located in Appendix C, illustrate the project limits of Thomas Center Drive. The project also provides for the construction of an 8 -foot wide bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail. Figure 2B illustrates the project limits of the proposed trail. Feasibility and Recommendations The mill & overlay project on Thomas Center Drive is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The trail project is necessary to provide for safe pedestrian and vehicle movement along Thomas Lake Road. The mill & overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The trail portion is cost-effective in that the trail and associated improvements will be combined with the mill & overlay, improvements within the City to encourage additional cost savings. due to the benefit of scale. The mill & overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital, Improvement Plan (2007 — 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Thomas Center Drive 4 X2.1 Street Evaluation — Thomas Center Drive The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: j PCI j Recommended Improvement j 56 - 100 Routine Maintenance/Crack Seal/Seal Coat j 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct The 2006 PCI ranking for Thomas Center Drive has a pavement condition rating of 51 which falls in the "Patch/Repair and/or Overlay" category. Therefore, the 2007 construction season is the optimal time to construct the bituminous overlay on this street. Proposed Improvements - Thomas Center Drive Pavement - The proposed street improvements for Thomas Center Drive are shown in Figure 3. The existing street section for the collector street consists of 4" bituminous pavement supported by 8" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/s -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for commercial/ industrial streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Thomas Center Drive _5- I + 2^ Concrete curb & gutter - Damaged curb & gutter and sidewalk will be replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail that is replaced: either a new 2' wide roll of sod adjacent to residential property or seeded with turf grass in areas away from residential properties. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new sod, where possible, to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. After the 30 -day establishment period, the City will be responsible for growth of the seeded turf grass areas. Signage All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Sidewalk/ Path Pedestrian 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 mill & overlay improvements. The most common method of providing this detectable warning is through the . installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of ten truncated dome pedestrian ramps on the concrete sidewalk within the project area. Example of a truncated dome pedestrian tamp Thomas Center Drive -6- 113 Driveway Replacement _ While the properties north and west of Thomas Center Drive within have concrete driveway aprons consistent with current City standards, the properties along the south and east sides of Thomas Center Drive (Thomas Lake Center) were constructed with bituminous driveway entrances and are proposed to be replaced. The entrances will be reconstructed with T' -thick concrete entrance aprons in accordance with Eagan Standard Detail 440, as shown on Figure 4. This driveway entrance replacement provides commercial entrances of adequate strength and width and is consistent with similar past projects in commercial/ industrial areas throughout the City and the other properties within the project area. Proposed Improvements - Thomas Lake Road This project provides for the construction. of an 8 -foot wide bituminous trail with an 8 -foot boulevard green space along the west side of Thomas Lake Road from the existing bituminous trail stub north of Thomas Center Drive to the Mghline Trail, approximately 1,900 feet north, as shown on Figure 2B. This portion of the project also provides for the installation of truncated dome pedestrian ramps on the bituminous trail at all intersecting public streets within the project area. Thomas Center Drive _7- I- 4 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Commercial.and Industrial Lots — Thomas Center Drive Street Improvements All commercial and industrial lots as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for collector streets, regardless of width. The estimated cost per adjacent lot area to be assessed based on the City Assessment Policy is $2,427/ acre and is calculated as follows: 1) % Commercial/Industrial Assessable = 2,427 f f. / 2,766 (total f f.) = 87.7% 2) [$63,930 (Mill & Overlay Cost) x 100%x 87.7%] =$56,070 (Total Commercial/ Industrial Assessment) 3) $56.070 (Commercial/Industrial Assessment) 4 $2,427/ acre 23.1 Acres Commercial/Industrial Thomas Center Drive - 9- Assessment Ratio Property City Mill and Overlay • Commercial/Industrial 100% 0% Repair Existing Concrete Curb and Gutter 0% 100% Concrete Entrance Replacement 100% 0% Bituminous Trail — Collector Street 0% 100% Commercial.and Industrial Lots — Thomas Center Drive Street Improvements All commercial and industrial lots as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for collector streets, regardless of width. The estimated cost per adjacent lot area to be assessed based on the City Assessment Policy is $2,427/ acre and is calculated as follows: 1) % Commercial/Industrial Assessable = 2,427 f f. / 2,766 (total f f.) = 87.7% 2) [$63,930 (Mill & Overlay Cost) x 100%x 87.7%] =$56,070 (Total Commercial/ Industrial Assessment) 3) $56.070 (Commercial/Industrial Assessment) 4 $2,427/ acre 23.1 Acres Commercial/Industrial Thomas Center Drive - 9- Thomas Center Drive Driveway Entrance Replacement All adjacent commercial/ industrial properties with driveways not to current City standards are proposed to be assessed the total cost of driveway entrance replacement improvements on the area of driveway installed. The total driveway improvement assessment per lot is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances, on Thomas Center Drive, in accordance with current City standards. The estimated cost of driveway replacement is approximately $95.58 S.Y. replaced. The existing concrete driveway entrance to 1579 Cliff Road (PID 10-75925-050-01) is proposed to be repaired with no assessment to the property. 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. The following payment schedule is an example of a $10,000 assessment with an estimated 5.5% interest for the assessed amounts: Revenue Source A summary of revenue sources is listed below: Project Interest Cost fPrincipal �. Per Year Per Year Mill and Overlay Per Year $ 56,070 ($7,860) First Year $1,000--- $550 r-_---_.---- $1,550 — Tenth Year $1,000 $55 $1,055 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $99,260 (56% of total) Thomas Center Drive to- 121 Project Property City Cost Assessment Contribution Mill and Overlay $ 63,930 $ 56,070 ($7,860) (with Signage) Repair Existing Curb $ 25,050 -0- ($25,050) Concrete Entrances $ 31,540 $ 22,940 ($8,600) Thomas Lake Trail $ 57.750 -0- ($57.750) Total $178,270 $ 79,010 ($99,260) The City's Major Street Fund will finance the estimated project deficit of $99,260 (56% of total) Thomas Center Drive to- 121 Proiect Schedule Present Feasibility Report to City Council Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting...................................................................... December 14, 2006 Public Hearing...................................................................... December 19, 2006 Approve Plans and Specifications.................................................................. January, 2007 Award Contract............................................................................. February, 2007 Project Completion................................................................................August, 2007 Final Cost Report .......................................................................... September, 2007 Final Assessment Hearing..................................................................................... Fall, 2007 First Payment Due with Property Tax Statement ...................... ........ :..... May 15, 2008 '[nomas Center Drive _]]. I� Appendix A -Street Overlay - City Project No. 946 Preliminary Cost Estimate Thomas Center Drive L Bituminous Street Overlav Item Unit Est. Qty, Unit Price Est. Cost Mobilization L.S. 1 $2,500.00. $2,500 Edge Mi11 Bituminous Pavement S.Y. 1760 $1.15 $2,020 Type 2350/60 Wear Course Mixture Ton 600 $50.00 $30,000 Bituminous Material for Tack Coat GaI. 300 $2.00 $600 Adjust Water Valve Box—Riser Adjustment Each 3 $175.00 $530 Repair Valve Top Section w/ cover Each 2 $275.00 $550 Adjust Frame & Ring Casting Manhole Each 10 $400.00 $4,000 MH Riser Installation Each 4 $140.00 $560 Traffic Control L.S. 1 $2,000.00 $2,000 4 -Inch White Striping L.F. 200 $0.50 $100 4 -Inch Double Yellow Striping L.F. 1300 $1.00 $1,300 Replace Traffic & Street Signs L.S. 1 $2,680.00 $2,680 Subtotal $46,840 +5% Contingencies $2,340 Subtotal $49,180 '+30% Indirect Costs $14,750 TOTAL - STREET $63,930 II. Repair Existine Concrete Curb & Gutter/ Sidewalk Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 300 $5.00 $1,500 Remove Concrete Sidewalk S.F. 300 $5.00 $ 1,500 Remove Bit Trail S.F. 200 $5.00 $1,000 B618 Concrete Curb and Gutter L.F. 300 $15.00 $4,500 Remove Valley Gutter S.Y. 5 $20.00 $100 T' Concrete VaHey Gutter S.Y. 5 $50.00 $250 Adjust Frame & Ririg Casting C.B) Each 5 $300.00 $1,500 R & R Frame & Ring Casting C.B) Each 1 $300.00 $400 Sod w/To soil S.Y. 80 $12.00 $960 Bituminous Driveway Patching S.Y. 20 $26.00 $520 Bituminous Street Patching Ton 5 $90.00 $450 Class 5 Aggregate Base Ton 1 10 1 $20.00 $ 200 1-2-9 Truncated Dome Warning Paver 2' x 2' Each 20 $120.00 $ 2,400 Bituminous Path Patching S.Y. 15 $26.00 $390 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 630 $4.25 $2,680 $24,260 Subtotal $18,350 Total - Driveway. +5% Contingencies $920 TON Subtotal $19,270 $11,000 +30% Indirect Costs $5,780 200 TOTAL CURB $25,050 III. Driveway Entrance Replacement Item Unit Est. Unit Price Est. Cost Driveway Entrance Replacement S.Y. 330 $70.00 $23,100 Subtotal $23 100 +5%Contingencies $1,160 Subtotal $24,260 + 30% Indirect Costs $7,280 Total - Driveway. $31,540 IV. Thomas Lake Road Trail Item Unit Est. Unit Price Est. Cost Mobilization LS 1 $1,000.00 $1000 Remove Concrete Curb and Gutter LF 50 $7.00 $ '350 Common Excavation CY 700 $12.00 $ 8,400 6" A e ate Base, Cl. 5 100% Crushed TON 550 $20.00 $11,000 2" Bituminous Walk LV45030B TON 200 $55.00 $11,000 Pedestrian Ramps w/ Truncated Domes EA 2 $800.00 $ 1,600 Sod and 4" Topsoil SY 1,500 $5.00 $ 7,500 B618 Concrete Curb and Gutter L.F. 50 $15.00 $750 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 160 $4.25 $680 Subtotal $ 42,300 +5% Contin encies $ 2,120 Subtotal $44,420 +30% Indirect Costs 1 13,330 TOTAL THOMAS LAKE TRAIL 1 $57,750 Total Proiect Cost $178.270 Appendix B - City Project No. 946 Preliminary Assessment Roll Thomas Center Drive COMMERCIAL/ INDUSTRIAL P.I.N. Area Acres Rate/ Acre Street Overlay Assmt D/W SY D/W Rate SY D/W Assmt Total Assmt LIFE TIME FITNESS ADDTTION 1565 THOMAS CENTER DR 10-45400-010-01 9.4 $2,427 $22,810 $22,810 Subtotal 9.4 SAFARI AT EAGAN 3RD 1595 THOMAS CENTER DR 10-65827-010-01 2.6 $2,427 1 $6,310 $6,310 1575/1580/1585/1590 THOMAS CENTER DR 10-65827-030-01 10-65827440-01 10-65827-050-01 10-65827-060-01 0.6* 0.6* 0.6* 0.6* $2,427 $1,460 $1,460 $1,460 $1,460 $1,460 $1,460 $1,460 $1,460 Subtotal 5.0 $12150 THOMAS LAKE CENTER No Address 10-75925-020-01 1.0 $2,427 $2,430 70 $95.58 $6,690 $9,120 1570 THOMAS CENTER DR 10-75925-060-01 0.9 $2,427 1 $2,180 80 $95.58 $7,650 $9,830 1565 CLIFF RD 10-75925-010-01 5.8 $2,427 1 $14,080 90 $95.58 $8,600 $22,680 1579 CLIFF RD 10-75925-050-01 1.0 $2,427 $2,430 1 $2,430 Subtotal 8.7 $21,110 Totals 23.1 $56,070 240 $22940 $79,010 ** Includes Lot acreage (0.2 acres) plus 0.4 acres common area for each lot 31 Thomas Center Drive Neighborhood Street Revitalization CO Of Eap Thomas Lake Road - Trails Improvements Fig. 1 Engineering Department Location Map - Project 946 13� N /EX. SIDEWALK EDGE MILL (6'-8' wide) T I-EX-.SIDEWALK- EnE 4" BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Existing Typical Section 44' I 1/r WEAR COURSE 2350160 BITUMINOUS TACK COAT 4" BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section EX. 8618 CURB & GUTTER OVERLAY REPLACE EX. CURB & GUTTER AS DIRECTED 11-13-06 Thomas Center Drive Sty Of lain Typical Sections - Project 943 � � Fig.3 Engineering Department n DPE 3/4" PER FT. ti •.: G y• .. ,, . • , •. ... . ' -iii-iii-i • d • 7" MINIMUM THICKNESS REQUIRED ON ENTIRE APRON. SUITABLE GRANULAR SUBGRADE OR CL. 5 (1007. COMPACTION) EXCAVATE SUBGRADE TO ACCOMODATE 7" THICKNESS AT FLOW LINE SECTION A -A MAXIMUM 8' J TRANSVERSE JOINT BETWEEN JOINTS 25' Min'. Rad. / A B6 Curb e 4 ... 12'-6" i e• .a 8 CONTRACTION JOINT A 1. WHERE NEW DRIVEWAYS ARE TO BE ADDED ACROSS EXISTING C&G, REMOVE EXISTING C&G AND REPOUR INTEGRAL WITH THE CONCRETE ENTRANCE. 2. CONCRETE APRON REQUIRED FOR ALL ENTRANCES. PLAN EXPANSION JOINT A (TYP.) 3. CONTRACTION JOINT PATTERN TO BE DETERMINED BY ENGINEER. 4. REQUIRED MIX DESIGNATION = 3A32 Thomas Center Drive Concrete Entrance Apron Project 946, I� STANDARD PLATE 440 Fig. 4 CITY PROJECT NO 946 ` INFORMATIONAL NEIGHBORHOOD MEETING THOMAS CENTER DRIVE - STREET REVITALIZATION THOMAS LAKE ROAD THURSDAY, DECEMBER 14, 2006 1:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 1 residents representing 1 property (see attached sign -in sheet). A. Presentation of Project Details • The one resident attendee lives at the northwest corner of Thomas Lake Road and Mallard Drive. Gorder welcomed the resident and provided information on the proposed trail project along Thomas Lake Road. . B. Questions/ Comments I live at 1555 Mallard Drive and am disappointed with the proposed trail construction as it impacts substantial vegetation, landscaped and natural, along Thomas Lake Road. Gorder shared the need for the trail, and that the trail is proposed entirely within City right-of-way. Gorder also informed the resident of the petition (March 2006) from Mallard Drive area residents looking for pedestrian crosswalk and improvements at Thomas Lake Road. Gorder indicated that this segment of trail will provide safer pedestrian connections for the neighborhood. to Thomas Lake School and the Thomas Lake Center commercial area. The installation of a trail is in keeping with the Community Trail System Policy would make Thomas Lake Road more consistent with most other collector roadways, with pedestrian facilities available on both sides of the street. The meeting adjourned at 8:00 p.m. G:Pwj-0ont9461Nnma—Thomm Cerra -lake I 'I As Ak� NEIGHBORHOOD MEETING MERL Thomas (3entre Drive 4r Project No. 946 �hr Of Eala < Thursday, December 14, 2006 7:30 p.m. NAME ADDRESS AA 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGNAN.Sheet I 1555 Mallard Drive Eagan, MN 55122 December 11, 2006 Mr. John P. Gorder, PE Assistant. City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Thomas Lake Road Trail Improvement, City Project No. 946 DEC 13 2006 EAUAN ENGINEERING DEPARTMENT Dear Mr. Gorder: I am contacting you regarding a letter received from you and the City of Eagan, sent to property owners affected by City Project No. 946, Thomas Lake Road Trail Improvements. I am one of the property owners that resides at 1555 Mallard Drive, on the comer of Thomas Lake Roa bilThe pil oppoeei bike trail will run through the boulevard of my side lawn. I am opposed to the propos Unfortunately, -due to travel-commitments.fotmY "pork as or the h� $� f for December.. get ration, I am not able to attend the neighborhood informational meeting The trail extension is not needed. This same issue came before the nc� b100t 01 ands was will resolved, being voted down sad determined as unnecessary. Constructionrequire the cutting down of over 155 trees of 2" in diameter and larger, between Thomas s ak itCiienter ofd the highline trail. This count does not include saplings or brush type bushes. This truly "paving paradise" There is an existing six-foot concrete sidewalk on the east side of Thomas Lake Road, which is not Property maintained. There is considerable overgrowth along the edges of the walk. If the walk were edged there would be almost an additional foot of clean walkway. The volume of foot and bike traffic on that walk does not warrant an expansion to the west side of the street I have talked to several of my neighbors since receiving the letter, and no one sees the need for a trail on both sides of the street. The shoulder of Thomas Lake Road is of adequate width for bike traffic to exist safely along with the car traffic. I have maintained the boulevard along my property as lawn for the past 16 years. The easement is heavily landscaped with evergreens, shrubs and bushes and watered with an in -ground lawn irrigation system. Much of that will be damaged or destroyed with the construction of this proposed path. Before this leaping bad matured there was a constant problem of bikers cutting the corner across my lawn. This new path will encourage such activity again. This proposed trail will literally run people through my lawn and greatly compromise the privacy of my yard and gardens. I encourage you to be resourceful and stop this destruction of natural resources m waste issue. to I worevod ues on this not needed, or wanted, project Thank you for your considerations regarding be glad to discuss this with you further. My home telephone number is 651-452-9217. Page I of 1 John Golder From: neagbour@comcast.net Sent: Friday, December 15, 2006 11:17 AM To: John Gorder Subject: Please pass this on to the city council, Thank you 3ecember 14, 2006 )ear Mr. Gorder, Mayor and City Council members, As part owner of the single family home most effected by the proposed upcoming Eagan City Project No. 946, I would ike to write you concerning this bituminous trail. I was given to understand at the Neighborhood Meeting on December l4, that the issue of the bike trail was brought up through a petition signed by 12 residents. These 12 residents were -equesting a crosswalk be designated at the corner of Mallard Drive, crossing Thomas Lake Road, so that a total of 8 :hildren could make use of it on their way to school. These 12 people requested a crosswalk and not a bike trail. In a etter from Tim Plath, Transportation Engineer, it was suggested that rather than paint a crosswalk onto Thomas Lake toad, a 275 foot bi tuminous trail be laid on the west side, running north towards the school and again running south for 1,625 feet in the opposite direction from that in which the children would travel. The cost of City Project 946 is estimated it over $178,000.00, in order to take the children in the opposite direction of which they wish to go! None of the 12 ;igners of the petition attended the meeting, which shows their lack of interest in this project. . the proposed bike trail is simply not needed or wanted by the residents located nearby. Constructing the trail will require he removal of hundreds of trees, some of which have grown to a height of 25 feet or more. Over 30,000 square feet of ,voods and brush will need to be ripped up and destroyed in order for a bituminous trail to be laid down. You do not add 3eauty to Eagan by ripping out natural wooded areas and installing more tar paths. Thomas Lake Road is already a paved wo-lane road with 8 feet wide paved shoulders on both sides. An 8 foot wide paved shoulder is more than enough room .'or bicycles or pedestrians to travel safely, even with traffic. Adding yet another 8 feet of bituminous next to the 8 foot ;boulder is certainly not needed and seems rather redundant. there is also a 4 foot concrete sidewalk with an additional 12 foot boulevard on the east side of Thomas Lake Road that, ;ven though it could use some repair, seems to be so lightly traveled by either pedestrians or bicyclists that to duplicate it m the west side of the same road is unwarranted. believe that rather than duplicate lightly used features that are already in place and to spend $178,000.00 on a )ituminous trail that the residents did not request, is a waste of the city of Eagan's monies. This proposed bike trail was :onsidered by the City Council in 2001 and deeming the project wasteful and unnecessary, they wisely voted it down. ?lease consider this letter before you order this wasteful project. Certainly there must be a more useful project to allocate he $178,000.00 to? thank you for your time and consideration, fames Neagbour 1555 Mallard Drive pagan, MN 55122 12/15/2006 �sss 0 Q O W PROPOSED BITUMINOUS' TRAIL ��O�P,S CENTER 1 City of Ean Mallard Drive Neighborhood 12/1406 Engineering DepartmentCrosswalk Improvement Petitioners 1 Agenda Information Memo December 19, 2006 Eagan City Council Meeting E:. PROJ 948, WESTBURY ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 948 (Westbury Addition Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past seventeen years, the City has rehabilitated approximately 87 miles of local streets. • The resurfacing of streets within Westbury Addition, south of Wescott Road and west of Lexington Avenue, has been programmed for 2007 in the City's 5 -Year Capital Improvement Program. • On June 6, 2006, the City Council authorized the preparation of, a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of the streets in the Westbury neighborhood. • On November 21, 2006, the feasibility report for Project 948 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 14 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 141 total properties (all single-family) proposed to be assessed under this improvement, three property owners representing three properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages%through� • Informational Meeting Minutes & Attendees, pageq&md, mm 777 f.Yv. Wil\ flitt;il �=�L �_z.�iY CRA Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY Awnusmmit MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651 A54.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cltyofeagan.com THE LONE OAK TREE The symbol of strength and growth In our community. December 15, 2006 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Westbury I' — 4t6 Additions Street Improvements City Project No. 948 Dear Mayor and City Council: Attached is our report for the Westbury V — 4th Additions Street Revitalization, City Project No. 948. 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, ZoP.1'Gorder, P.E. Assistant City Engineer 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. i John P. Gorder Date: 1;? -t5-06 Reg. No. 22813 Reviewed BY: Date: 12.- "5 - D ra Date: t'L ' 15 aG TABLE OF CONTENTS Letter of Transmittal/Cerdfication Table of Contents Introduction.............................................. Scope................................................ Page ................................................1 ...................................................... 3 Feasibilityand Recommendations..............................................................................3 Street Evaluation.................................................................................................. 4 Vmnmed imnrovements..........................................................................................4 Rain Gardens / Infiltration Areas..........................................................................6 Easements/Permits................................................................................................ 6 CostEstimate....................................................................................................... 7 Assessments........................................................................................................ 7 LowDensity Residential............................................................................... 7 Assessment Financing Options................................................................................. 8 Revenue Source.................................................................................................... 8 ProjectSchedule...................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Overlay / elJ r December 2006 Westbury 1st — 4th Additions Street Revitalization Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and .implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 1.3 miles of 32' wide local residential streets within the Westbury la — 40' Additions neighborhood area are identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed in 1984 and 1985, as part of adjacent development. Westbury Additions Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with 'seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood were seal coated various times between 1994 and 2000. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. Westbury Additions /e� The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 1.3 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project, is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride -ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 — 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Westbury Additions Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI I Recommended Improvement 56 --100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay i 0:35 Reconstruct The 2006 PCI rankings for the Westbury I' — 0 Additions has a neighborhood weighted average pavement condition rating of 42 which falls in the rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2007 construction season is the optimal time to construct the bituminous overlay on these streets. Proposed Improvements Pavement - The proposed street improvements are shown in Figures 3. The existing street section consists of 3" bituminous pavement supported by 6" gravel base._ The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/2 -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Westbury Additions Page /.�2 Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 10% (0.3 miles) of the existing concrete curb and. gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Sidewalk/ Path Pedestrian 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 mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of four truncated dome pedestrian ramps on the bituminous paths on local intersecting streets at Wescott/ Westbury Drive and Lexington/ Westbury Drive. Westbury Additions Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Rain Gardens/ Infiltration Areas Reducing storm water runoff volumes and re -charging the groundwater system through infiltration has recently been emphasized at the local, state, and federal levels of government. At time of development of neighborhoods such as Westbury, provisions for reducing the amount of storm water runoff from impervious surfaces, such as yard rain gardens and infiltration areas were not considered. Neighborhood street revitalization projects as proposed under this project provide an opportunity to investigate potential added storm water runoff controls. City staff will present information on the benefits and features of rain gardens to area residents to solicit interest, as part of the public notices and informational meetings for this project. If residents are interested, City staff will provide educational materials and review specific properties for the feasibility of rain garden installations. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Westbury Additions Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration; engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay w/Signage $ 202,240 • Repair Existing Concrete Curb & Gutter 78,290 Total Project Cost $ 280,530 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay/ Signage • Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (141 total, all single-family) as shown on Figure 2, having direct driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per Westbury Additions Page 7 residential lot equivalent to be assessed based on the City Assessment Policy is $717 per Single Family Lot and is calculated as follows: 1) [$202,240 (Mill & Overlay Cost).x 50%1= $101,120 [Total Residential Assessment (R-1, 2, 3)] 2) $101,120 (Total Residential Assessment) -> $717 / lot 141 Equivalent Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $717 Revenue Source A summary of revenue sources is listed below: Principal Per Year Interest Per Year Cost Per Year First Year $143 $39 $182 Fifth Year $143 $8 $151 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $179,410 (64% of total). Westbury Additions Page 8 153 Project Cost Property Assessment City Contribution Mill and Overlay $202,240 $101,120 ($101,120) Repair Ex. Curb $ 78,290 -0- ($78,290) . Totals $280,530 $101120 $179,410 The City's Major Street Fund will finance the estimated project deficit of $179,410 (64% of total). Westbury Additions Page 8 153 Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting........................................................................... December, 2006 Public Hearing...................................................................... December 19, 2006 Approve Plans and Specifications ........ :....................... :................................. January, 2007 Award Contract ........... :................................................................. February, 2007 ProjectCompletion................................................................................ August, 2007 Final Cost Report .......................................................................... September, 2007 Final Assessment Hearing...................................................................................... Fall, 2007 First Payment Due with Property Tax Statement .................................. May15, 2008 B Westbury Additions Page 10 / S- Appendix A -Street Overlay - City Project No. 948 Preliminary Cost Estimate Westbury 1$` — 4'h Additions L Bituminous Street Overlay Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Edge Mill Bituminous Pavement S.Y. 9890 $1.25 $12,360 Type 2350/60 Wear Course Mixture Ton 2200 $50.00 $110,000 Bituminous Material for Tack Coat Gal. 1180 $2.00 $2,360 Repair Valve Top Section w/ cover Each 3 $275.00 $550 Adjust Water Valve Box - Riser Adjustment Each 15 $175.00 $2,630 Adjust Frame & Ring Castro Manhole Each 23 $400.00 $9,200 MH Riser Installation Each 24 $140.00 $3,360 Replace Traffic & Street Signs L.S. 1 $3,200.00 $3,200 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $148,160 + 5% Contingencies $7,410 Subtotal $155,570 + 30% Indirect Costs $46,670 TOTAL - STREET $202,240 11. Repair Existing Concrete Curb & Gutter Item Unit Est. QtY. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 1500 $5.00 $7,500 Remove Bit. Trail S.F. 250 $5.00 $1,250 D412 Concrete Curb and Gutter L.F. 1400 $20.00 $28,000 B618 Concrete Curb and Gutter L.F. 100 $21.00 $2,100 Remove Concrete Valley Gutter S.Y. 10 $20.00 $200 7" Concrete Valley Gutter S.Y. 10 $50.00 $500 Adjust Frame & Ring Castro C.B) Each 7 $300.00 $2,100 Sod w/fo soil S.Y. 400 $12.00 $4,800 Bituminous Driveway Patching S.Y. 100 $24.00 $2,400 Bituminous Path Patching S.Y. 15 $26.00 $390 Bituminous Street Patching Ton 50 $90.00 $4,500 Truncated Dome Warning Paver 2' x 2' Each 16 $120.00 $1,9 0 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset I S.F. 1 280 $4.25 $ 1,190 R & R CB Casting Each I 1 $300.00 $300 Inlet Protection Each 1 7 $100.00 $100 /_5:5� Item Est. Unit Est. UnitQty. Price Cost II, Repair Existing Concrete Curb & Gutter, continued Class 5 Aggregate Base Ton 5 $20.00 $100 Subtotal $57,350 + 5% Contingencies $2,870 Subtotal $60 20 + 30% Indirect Costs $18,070 TOTAL - CURB $78 90 TOTAL PROJECT COST $280,530 Appendix B - City Project No. 948 Preliminary Assessment. Roll Westbury 1" — 4th Additions Street Overlay Parcel -1 Low Density) P.I.N. Lot Unit Equivalent Assessment Total Westbury 1st Addition Block 1 3897 Westbury Dr. 10-83650-040-01 1 $717 $717 3891 Westbury Dr. 10-83650-030-01 1 $717 $717 3885 Westbury Dr. - 10-83650-020-01 1 $717 $717 3879 Westbury Dr. 10-83650-010-01 1 $717 $717 Subtotal 4 $2,870 Westbury 1st Addition Block 2 3873 Westbury Dr. 10-83650-090-02 1 $717 $717 3867 Westbury Dr. 10-83650-080-02 1 $717 $717 3861 Westbury Dr. 10-83650-070-02 1 $717 $717 3855 Westbury Dr. 10-83650-060-02 1 $717 $717 3849 Westbury Dr. 10-83650-050-02 1 $717 $717 3843 Westbury Dr. 10-83650-040-02 1 $717 $717 3837 Westbury Dr. 10-83650-030-02 1 $717 $717 3831 Westbury Dr. 10-83650-020-02 1 $717 $717 3825 Westbury Dr. 10-83650-010-02 1 $717 $717 Subtotal 9 $6,450 Westbury 1st Addition Block 3 3813 Westbury Ln. 10-83650-050-03 1 $717 $717 3805 Westbury Ln. 10-83650-040-03 1 $717 $717 3812 Westbury Dr. 10-83650-030-03 1 $717 $717 3818 Westbury Dr.. 10-83650-020-03 1 $717 $717 3824 Westbury Dr. 10-83650-010-03 1 $717 $717 1129 Westbury Path 10-83650-100-03 1 $717 $717 1.125 Westbury Path 10-83650-090-03 1 $717 $717 1121 Westbury Path 10-83650-080-03 1 $717 $717 1117 Westbury Path 10-83650-070-03 1 $717 $717 1113 Westbury Path 10-83650-060-03 1 - $717 $717 Subtotal 10 $7,170 /.� 9 Parcel 71 Low Density) P.I.N. Lot Unit Equivalent Assessment Total Westbury 1st Addition Block 4 3848 Westbury Dr. 10-83650-060-04 1 $717 $717 3854 Westbury Dr. 10-83650-070-04 1 $717 $717 3860 Westbury Dr. 10-83650-080-04 1 $717 $717 3866 Westbury Dr. 10-83650-090-04 1 $717 $717 3872 Westbury Dr. 10-83650-100-04' 1 $717 $717 3878 Westbury Dr. 10-83650-110-04 1 $717 $717 3884 Westbury Dr. 10-83650-120-04 1 $717 $717 3890 Westbury Dr. 10-83650-130-04 1 $717 $717 3896 Westbury Dr. 10-83650-140-04 1 $717 $717 3902 Westbury Dr. 10-83650-150-04 1 $717 $717 3908 Westbury Dr. 10-83650-160-04 1 $717 $717 3914Westbu Dr. 10-83650-170-04 1 $717 $717 3920 Westbury Dr. 10-83650-180-04 1 $717 $717 3926 Westbury Dr. 10-83650-190-04 1 $717 $717 3932 Westbury Dr. 10-83650-200-04 1 $717 $717 3938 Westbury Dr. 10-83650-210-04 1 $717 $717 1112 Westbury Path 10-83650-010-04 1 $717 $717 1116 Westbury Path 10-83650-020-04 1 $717 $717 1120 Westbury Path 10-83650-030-04 1 $717 $717 1124 Westbury Path 10-83650-040-04 1 $717 $717 1128 Westbury Path 10-83650-050-04 1 $717 $717 Subtotal 21 S15,060 Westbury 1st Addition Block 5 3951 Westbury Dr. 10-83650-061-05 1 $717 $717 3945 Westbury Dr. 10-83650-051-05 1 $717 $717 3939 Westbury Dr. 10-83650-040-05 1 $717 $717 3933 Westbury Dr. 10-83650-030-05 1 $717 $717 .3927 Westbury Dr. 10-83650-020-05 1 $717 $717 3921 Westbury Dr. 10-83650-010-05 1 $717 $717 Subtotal 6 $4,300 Westbury 2nd Addition Block 1 3819 Westbury Dr. 10-83651-050-01 1 $717 $717 3813 Westbury Dr. 10-83651-040-01 .1 $717 $717 3809 Westbury Dr. 10-83651-030-01 1 $717 $717 /57 Parcel(R-1 Low Density) P.I.N. Lot Unit Equivalent Assessment Total 3805 Westbury Dr. 10-83651-020-01 1 $717 $717 3801 Westbury Dr. 10-83651-010-01 1 $717 $717 Subtotal 5 $3,590 Westbury 2nd Addition Block 2 3800 Westbury Ln. 10-83651-010-02 1 $717 $717 3804 Westbury Ln. 10-83651-020-02 1 $717 $717 No address vacant 10-83651-030-02 1 $717 $717 No address vacant 10-83651-040-02 1 $717 $717 No address vacant 10-83651-050-02 1 $717 $717 3820 Westbury Ln. 10-83651-060-02 1 $717 $717 3824 Westbury Ln. 10-83651-070-02 1 $717 $717 3828 Westbury Ln. 10-83651-080-02 1 $717 $717 3832 Westbury Ln. 10-83651-090-02 1 $717 $717 3836 Westbury Ln. 10-83651-100-02 1 $717 $717 3840 Westbury Ln. 10-83651-110-02 1 . $717 $717 Subtotal 11 0,890 Westbury 3rd Addition Block 1 3844 Westbury Ln. 10-83652-010-01 1 $717 $717 3848 Westbury Ln. 10-83652-020-01 1 $717 $717 3852 Westbury Ln. 10-83652-030-01 1 $717 $717 3856 Westbury Ln. 10-83652-040-01 1 $717 $717 3860 Westbury Ln. 10-83652-050-01 1 $717 $717 3864 Westbury Ln. 10-83652-060-01 1 $717 $717 3868 Westbury Ln. 10-83652-070-01 1 $717 $717 3872 Westbury Ln. 10-83652-080-01 1 $717 • $717 3876 Westbury Ln. 10-83652-090-01 1 $717 $717 3880 Westbury Ln. 10-83652-100-01 1 $717 $717 3884 Westbury Ln. 10-83652-110-01 1 $717 $717 3888 Westbury Ln. 10-83652-120-01 1 $717 $717 3892 Westbury Ln. 10-83652-130-01 1 $717 $717 Subtotal 13 $9,320 Westbury 3rd Addition Block 2 3865 Westbury Ln. 10-83652-140-02 1 $717 $717 3861 Westbury Ln. 10-83652-130-02 1 $717 $717 Parcel -1 Low Densi P.I.N. Lot Unit ` Equivalent Assessment Total 3857 Westbury Ln. 10-83652-120-02 1 $717 $717 3853 Westbury Ln. 10-83652-110-02 1 $717 $717 3849 Westbury Ln, 10-83652-100-02 1 $717 $717 1137 Westbury Circle 10-83652-090-02 1 $717 $717 1140 Westbury Circle 10-83652-080-02 1 $717 $717 1136 Westbury Circle 10-83652-070-02 1 $717 $717 1132 Westbury Circle 10-83652-060-02 1 $717 $717 1128 Westbury Circle 10-83652-050-02 1 $717 $717 1124 Westbury Circle 10-83652-040-02 . 1 $717 $717 1120 Westbury Circle 10-83652-030-02 1 $717 $717 1116 Westbury Circle 10-83652-020-02 1 $717 $717 1112 Westbury Circle 10-83652-010-02 1 $717 $717 Subtotal 14 $10,040 Westbury 4th Addition Block 1 3901 Westbury Wa 10-83653-010-01 1 $717 $717 3905 Westbury Way 10-83653-020-01 1 $717 $717 . 3909 Westbury WE 10-83653-030-01 1 $717 $717 3913 Westbury Way 10-83653-040-01 1 $717 $717 3917 Westbury Way 10-83653-050-01 1 $717 $717 3921 Westbpq Way 10-83653-060701 1 $717 $717 3933 Westbury Way 10-83653-070-01 1 $717 $717 3902 Westbury Trail 10-83653-160-01 1 $717 $717 3906 Westbury Trail 10-83653-150-01 1 $717 $717 3910 Westbury Trail 10-83653-140-01 1 . $717 $717 3914 Westbury Trail 10-83653-130-01 1 $717 $717 3918 Westbury Trail 10-83653-120-01 1 $717 $717 3922 Westbury Trail 10-83653-110-01 1 $717 $717 3926 Westb Trail 10-83653-100-01 1 $717 $717 3930 Westbury Trail 10-83653-090-01 1 $717 $717 3934 Westhwy Trail 10-83653-080-01 1 $717 $717 Subtotal 16 $11,470 Westbury 4th Addition Block 2 1159 Westbury Knoll 10-83653-050-02 1 $717 $717 1163 Westbury Knoll 10-83653-040-02 1 $717 $717 1167 Westbury Knoll 10-83653-030-02 1 $717 $717 160 Parcel -1 Low Densi P.I.N. Lot unit E uivalent Assessment Total 1171 WestburY Knoll 10-83653-020-02 1 $717 $717 1175 Westbury Knoll 10-83653-010-02 1 $717 $717 Subtotal 5 S3,590 Westbury 4th Addition Block 3 3935 Westbury Trail 10-83653-080-03 1 $717 $717 3931 Westb Trail 10-83653-070-03 1 $717 $717 3927 Westbury Trail 10-83653-060-03 1 $717 $717 3923 Westbury Trail 10-83653-050-03 1 $717 $717 3919 WestburY Trail 10-83653-040-03 1 $717 $717 1174 Westbury Knoll 10-83653-010-03 1 $717 $717 1170 Westbury Knoll 10-83653-020-03 1' $717 $717 1166 Westbury Knoll 10-83653-030-03 1 $717 $717 3967 Westbury Wa 10-83653-090-03 1 $717 $717 3971 WestburY Wa 10-83653-100-03 1 $717 $717 3972 WestburY WaY 10-83653-110-03 1 $717 $717 3968 Westbury Wa 10-83653-120-03 1 $717 $717 3964 WestburyWa 10-83653-130-03 1 $717 $717 3960 WestburY WaY 10-83653-140-03 1 $717 $717 3956 Westbury Wa 10-83653-150-03 1 $717 $717 3952 Westbwy Way 10-83653-160-03 1 $717 $717 3948 Westbury WaY 10-83653-170-03 1 $717 $717 3944 Westbury Way 10-83653-180-03 1 $717 $717 Subtotal 18 $12,910 westbury4th Addition Block 4 3936 Westbury WaY 10-83653-080-04 1 $717 $717 3932 Westbury Way 10-83653-070-04 1 $717 $717 3928 Westbury Way 10-83653-060-04 1 $717 $717 3924 Westbury WaY 10-83653-050-04 1 $717 $717 3920 Westbury WaY 10-83653-040-04 1 $717 $717 3916 Westbury Way 10-83653-030-04 1 $717 $717 3912 Westbury Way 10-83653-020-04 1 $717 $717 3908 Westbury Way 10-83653-010-04 1 $717. $717. Subtotal 8 $5,740 Parcel -1 Low Density) P.I.N. Lot Unit Equivalent Assessment Total Westbury 4th Addition Block Outlot A 10-83653-010-00 1 $717 $717 Subtotal 1 $717 Property Totals Single Family Lots 141 TOTAL $101,120 D WestblaTy-45t'4th Additions *I City of Bap Neighborhood Street Revitalization Fig. Engineering Department Location Map - Project 948 EDGE MILLI (6'—B' wide) Typ. V 4L. J mvvV LWml" u" Existing Typical Section 32' 11/2• WEAR COURSE BITUMINOUS BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Tunical Section M REPLACE EX. CURB & GUTTER AS DIRECTED 10-16-06 City of Eagan Wes L s 7 -4th Additions Fig. 3 Typical Sections - Project 948 ng Department CITY PROJECT NO 948 INFORMATIONAL NEIGHBORHOOD MEETING WESTBURY STREET REVITALIZATION THURSDAY, DECEMBER 14, 2006 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 3 residents representing 3 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments I have a corner lot, am I being assessed more than others in the neighborhood? No, the assessments for this type of improvements in a residential neighborhood are on a per lot basis, with all 141 lots assessed equally. Has any neighborhood been successful in contracting with just one garbage hauler? The City ordinance requiring garbage pickup oil certain days of the week in certain areas is intended to encourage residents to contract with one hauler in a neighborhood. Although, Gorder is not aware of one that has been successful in doing so. A resident expressed an interest in a rain garden in their yard on Westbury Lane. Staff will provide further information and put the resident in contact with Dakota County Soil & Water Conservation District (SWCD) staff to discuss possible rain garden grants for interested homeowners. The meeting adjourned at 7:00 p.m. GTwj-Coo018IMmn—WeWmry NEIGHBORHOOD MEETING Westbury Addition Project No. 948 City Of Eakan Thursday, December 14, 2006 6:30 p.m. NAME 2. -em a, Zek, J®' 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ADDRESS 3 CoQ 61y ��57 �%e5a �uN4 LVL G:FORMS/SIGN-IN.Sheet 1150, / Agenda Information Memo December 19, 2006 Eagan City Council Meeting F. PROJ 949, LEXINGTON SQUARE ADDITION ACTION TO BE CONSIDERED: Approve, Project 949 (Lexington Square Addition Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past seventeen years, the City has rehabilitated approximately 87 miles of local streets. • The resurfacing of streets within Lexington Square Addition, south of Wescott Road and east of Lexington Avenue, has been programmed for 2007 in the City's 5 -Year Capital Improvement Program. • On June 6; 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of the streets in the Lexington Square neighborhood. • On November 21, 2006, the feasibility report for Project 949 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 13 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 360 total properties (all single-family) proposed to be assessed under this improvement, four property owners representing three properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages%othrougbA • Informational Meeting Minutes & Attendees, page/ and?. W i ' - r ops. _ Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CRY ADMDasrnATOR 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 651.675.6300 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. December 15, 2006 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lexington Square Addition Street Revitalization City Project No. 949 Dear Mayor and City Council: Attached is our report for the Lexington Square Addition Street Revitalization, City Project No. 949. 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, o%JGorder, P.E. Assistant City Engineer 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. John P. Gorder Date: IV -19-04 Reg. No. 22813 Reviewed By: Dept. of 41ic Works Date: I2— I — Fin Dcean ept. Date: 2 1 -(71.f /�o TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction...........................................................................................................................................1 Scope............:..........................................................................................................................................2 Feasibilityand Recommendations........................................................................................................3 Street Evaluation...................................................................................................................................3 Proposed Improvements.......................................................................................................................4 RainGardens/ Infiltration Areas.........................................................................................................6 Easements/Permits.....................:..........................................................................................................6 CostEstimate........................................................................................................................................ 6 Assessments..........:................................................................................................................................7 LowDensity Residential..........................................:..............................................................7 Assessment Financing Options............................................................................................................7 Revenue Source.....................................................................................................................................8 ProjectSchedule....................................................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 - 2/ 2A &B - 3 Location Map Street Improvement/Assessment Area Map Typical Section — Overlay December 2006 Neighborhood Street Revitalization Lexington Square Addition Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 3.2 miles of 32' wide local residential streets within the Lexington Square Addition neighborhood area are identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed from 1984 to 1987, as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Lexington Square Additions Timely. maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements: The streets in the neighborhood were seal coated various times between 1989 and 2000. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. .Scope This project provides for resurfacing (edge mill and overlay) approximately 3.2 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is the replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Lexington Square Additions 7 Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride -ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 — 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition ,for each street. The general categories that define PCI rankings�are as.follows: PTCI Recommended Improvement 56 - 100 1 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 1 Patch/Repair and/or Overlay 0 _-3 5 1 Reconstruct The 2006 PCI rankings for the Lexington Square Addition has a neighborhood weighted average pavement condition rating of 48 which falls in the rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2007 construction season is the optimal time to construct the bituminous overlay on these streets. Lexington Square Additions Proposed Improvements Pavement- The proposed street improvements are shown in Figure 3. The existing street section consists of 3" bituminous pavement supported by 4" to 6" gravel base and granular sub grade material. The existing bituminous surface will be milled adjacent to the existing curb and .gutter (6'-8' wide) to accommodate a 1 %:-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 9% (0.6 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. Signage - All traffic' control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Lexin7agajdS �' e yr _{'_"�'�r _ _._it -__ _: 1 Rain Gardens/ Infiltration Areas Reducing storm water runoff volumes and re -charging the groundwater system through infiltration has recently been emphasized at the local, state, and federal levels of government. At time of development of neighborhoods such as Lexington Square, provisions for reducing the amount of stone water runoff from impervious surfaces, such as yard rain gardens and infiltration areas were not considered. Neighborhood street revitalization projects as proposed under this project provide an opportunity to investigate potential added storm water runoff controls. City staff will present information on the benefits and features of rain gardens to area residents to solicit interest, as part of the public notices and informational meetings for this project. If residents are interested, City staff will provide educational materials and review specific properties for the feasibility of rain garden installations. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Edge Mill and Overlay W/Signage $ 488,890 Repair Existing Concrete Curb & Gutter 158,220 Total Project Cost $ 647.110 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill Lexin771:7 ton�l /Patz 7s and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay/ Signage • Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (360 Total, all single-family) as shown on Figures 2A & 2B, having direct driveway access on to the streets, to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $679 per Single Family Lot and is calculated as follows: 1) [$488,890 (Mill & Overlay Cost+ Signage Cost) x 50%] _ $244,450 [Total Residential Assessment. (R-1, 2, 3)] 2) $244,450 (Total Residential Assessment) a $679 / lot 360 Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment. schedule will result based on an estimated 5.5% interest for the assessed amounts: Lexington 717- dons ee Single Family Residential Lot = $679 Revenue Source A summary of revenue sources is listed below: Principal Per Year Interest Per Year Cost Per Year First Year $ 136 $37 $173 Fifth Year $ 136 $7 $143 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $402,670 (62% of total). Lexington Syu��e (tions �e/y Project Cost Property Assessment City Contribution Mill and Overlay $488,890 $244,450 ($244,450) Repair Existing Curb $158,220 -0- ($158,220) Totals $647,110 $244,450 $402,670 The City's Major Street Fund will finance the estimated project deficit of $402,670 (62% of total). Lexington Syu��e (tions �e/y Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting........................................................................... December, 2006 Public Hearing...................................................................... December 19, 2006 Approve Plans and Specifications.................................................................. January, 2007 Award Contract `.................................... :........................................ February, 2007 Project Completion...........................:....................................................August, 2007 Final Cost Report .......................................................................... September, 2007 Final Assessment Hearing..................................................................................... Fall, 2007 First Payment Due with Property Tax. Statement..................................May 15, 2008 Lexington A rtions Appendix A -Street Overlay -,City Project No. 949 Preliminary Cost stimate Lexington Square Additions T Rifinminnnc Rfreef nverlav Item Unit Est. Qty- Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Edge Mill Bituminous Pavement S.Y. 24,650 $1.25 $30,810 Type 2350/60 Wear Course Mixture Ton 5,500 $50.00 $275,000 Bituminous Material for Tack Coat Gal. 2,960 $2.00 $5,920 Adjust Water Valve Box - Riser Adjustment Each 42 $175.00 $7,350 Repair Valve Top Section w/ cover Each 13 $275.00 $3,580 Adjust Frame & Ring Castro ole Each 44 $400.00 $17,600 MH Riser Installation Each 40 $140.00 $5,600 Traffic Control L.S. 1 $2,000.00 $2,000 Replace Traffic & Street Signs L.S. 1 $7,800.00 $ 7,800 Subtotal $358J60 + 5% Contin encies $17,910 Subtotal $376,070 + 30% Indirect Costs $112,820 TOTAL - STREET $488,890 ii_ Renair Existing Concrete Curb & Gutter Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 3,320 $6.00 $19,920 Remove Bit. Trail S.F. 250 $5.00 $1,250 D412 Concrete Curb and Gutter L.F. 3,320 $15.00 $49,800 Remove Valley Gutter S.Y. 60 $20.00 1 $ 1,200 7" Concrete Valley Gutter S.Y. 60 $50.00 $ 3,000 Adjust Frame & Ring Castro C.B) Each 43 $200.00 $8,600 Sod w/To soil S.Y. 890 $12.00 $10,680 Bituminous Driveway Patching S.Y. 1 230 $24.00 $5,520 Bituminous Street Patching Ton 110 $90.00 $9,900 Bituminous Path Patching S.Y. 15 $26.00 $390.00 Truncated Dome Warning Paver 2' x 2' Each 20 $120.00 $ 2,400 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 200 $4.25 $ 850 /F/ Item Unit Est. Qty. Unit Price Est. Cost II. Repair Existing Concrete Curb & Gutter (continued) R & R CB Casting Each 1 $300.00 $300 Inlet Protection Each 20 $100.00 $2,000 Class 5 Aggegate Base Ton 5 $20.00 $100 Subtotal $115 910 + 5% Contin encies $5,800 Subtotal $121,710 + 30% Indirect Costs $36,510 TOTAL - Ciiii-F $08,220 TOTAL PROJECT COST $6479110 Appendix B - City Project No. 949 Preliminary Assessment Roll Lexington Square Street Overlay Parcel (R-1 Low Density) P.I.N. Lot Unit Equivalent Assessment Total Gardenwood Ponds 5th Addition Block 1 967 STONY POINT RD 10-28804-020-01 1 $679 $679 Subtotal 1 $679 Lexington Square 1st Addition Block 1 1003 BRIAR CREEK RD 1045075-360-01 1 $679 $679 1007 BRIAR CREEK RD 10-45075-350-01 1 $679 $679 1011 BRIAR CREEK RD 1045075-340-01 1 $679 $679 1015 BRIAR CREEK RD 10-45075-330-01 1 $679 $679 1019 BRIAR CREEK RD 10-45075-320-01 1 $679 $679 1023 BRIAR CREEK RD 10-45075-310-01 1 $679 $679 1027 BRIAR CREEK RD 10-45075-300-01 1 $679 $679 1031 BRIAR CREEK RD 1045075-290-01 1 $679 $679 1035 BRIAR CREEK RD 10-45075-280-01 1 $679 $679 1039 BRIAR CREEK RD 10-45075-270-01 1 $679 $679 1043 BRIAR CREEK RD 10-45075-260-01 1 $679 $679 1047 BRIAR CREEK RD 1045075-250-01 1 $679 $679 1051 BRIAR CREEK RD 10-45075-240-01 1 $679 $679 1055 BRIAR CREEK RD 1045075-230-01 1 $679 $679 1059 BRIAR CREEK RD 1045075-220-01 1 $679 $679 1063 BRIAR CREEK RD 10-45075-210-01 1 $679 $679 1067 BRIAR CREEK RD 10-45075-200-01 1 $679 $679 1071 BRIAR CREEK RD 10-45075-190-01 1 • $679 $679. 3805 GIBRALTAR TRL 1045075-180-01 1 $679 $679 3813 GIBRALTAR TRL 1045075-170-01 1 $679 $679 3821 GIBRALTAR TRL 1045075-160-01 1 $679 $679 3829 GIBRALTAR TRL 1045075-150-01 1 $679 $679 3837GIBRALTARTRL 10-45075-140-01 1 $679 $679 3837 PRINCETON CIR 1045075-050-01 1 $679 $679 3841 PRINCETON CiR 10 45075-040-01 1 $679 $679 3844 PRINCETON CIR 1045075-060-01 1 $679 $679 3845 GIBRALTAR TRL 1045075-130-01 1 $679 $679 3847 PRINCETON CIR 1045075-030-01 1 1 $679 $679 3850 PRINCETON CIR 10-45075-070-01 1 $09 $679 3853 GIBRALTAR TRL 10-45075-120-01 1 $679 $679 3853 PRINCETON CIR 10-45075-020-01 1 $679 $679 3856 PRINCETON CIR 10-45075-080-01 1 $679 $679 3859 PRINCETON CIR 10-45075-010-01 1 $679 $679 3861 GIBRALTAR TRL 10-45075-110-01 1 $679 $679 3862 PRINCETON CIR 10-45075-090-01 1 $679 $679 3869 GIBRALTAR TRL 10-45075-100-01 1 $679 $679 Subtotal 36 $24,440 LeAngton Square 1st Addition Block 2 1030 BRIAR CREEK RD 10-45075-010-02 1 $679 $679 1033 KETTLE CREEK RD 10-45075-220-02 1 $679 $679 1034 BRIAR CREEK RD 10-45075-020-02 1 $679 $679 1037 KETTLE CREEK RD 10-45075-210-02 1 $679 $679 1038 BRIAR CREEK RD 1045075-030-02 1 $679 $679 1041 KETTLE CREEK RD 1045075-200-02 1 $679 $679 1042 BRIAR CREEK RD 10-45075-040-02 1 $679 $679 1045 KETTLE CREEK RD 1045075-190-02 1 $679 $679 1046 BRIAR CREEK RD 1045075-050-02 1 $679 $679 1049 KETTLE CREEK RD 10-45075-180-02 1 $679 $679 1030 BRIAR CREEK RD 1045075-060-02 1 $679 $679 1053 KETTLE CREEK RD 10-45075-170-02 1 $679 $679 1054 BRIAR CREEK RD 10-45075-070-02 1 $679 $679 1057 KETTLE CREEK RD 1045075-160-02 1 $679 $679 1058 BRIAR CREEK RD 1045075-080-02 1 $679 $679 1061 KETTLE CREEK RD 1045075-150-02 1 $679 $679 1062 BRIAR CREEK RD 10-45075-090-02 1 $679 $679 1065 KETTLE CREEK RD 1045075-140-02 1 $679 $679 1066 BRIAR CREEK RD 1045075-100-02 1 $679 $679 1069 KETTLE CREEK RD 10-45075-130-02 1 $679 $679 1070 BRIAR CREEK RD 10-45075-110-02 1 $679 $679 1073 KETTLE CREEK RD 1045075-120-02 1 $679 $679 Subtotal 22 $14,940 Lenin on Square 1st Addition Block 3 1028 KETTLE CREEK RD 10-45075-120-03 1 $679 $679 1032 KETTLE CREEK RD 1045075-110-03 1 $679. $679 1036 KETTLE CREEK RD 1045075-100-03 1 1 $679 $679 1040 KETTLE CREEK RD 1045075-090-03 1 $679 $679 1044 KETTLE CREEK RD 1045075-080-03 1 $679 $679 /Fy 1048 KETTLE CREEK RD 10-45075-070-03' 1 $679 $679 1052 KETTLE CREEK RD 10-45075-060-03 1 $679 $679 1056 KETTLE CREEK RD 1045075-050-03 1 $679 $679 1060 KETTLE CREEK RD 10-45075-040-03 1 $679 $679 1064 KETTLE CREEK RD 1045075-030-03 1 $679 $679 1068 KETTLE CREEK RD 1045075-020-03 1 $679 $679 1072 KETTLE CREEK RD 10-45075-010-03 ' 1 $679 $679 Subtotal 12 $8,150 Lexington Square 1st Addition Block 4 1020 TICONDEROGA TRL 10-45075-230-04 1 $679 $679 1028 TICONDEROGA TRL 10-45075-220-04 1 $679 $679 1036 TICONDEROGA TRL 10-45075-210-04 1 $679 $679 1044 TICONDEROGA TRL 10-45075-200-04 1 $679 $679 1052 TICONDEROGA TRL 10-45075-190-04 1 $679 $679 1060 TICONDEROGA TRL 1045075-180-04 1 $679 $679 1068 TICONDEROGA TRL 10-45075-170-04 1 $679 $679 1076 TICONDEROGA TRL 1045075-160-04 1 $679 $679 1084 TICONDEROGA TRL 10-45075-150-04 1 $679 $679 1092 TICONDEROGA TRL 10-45075-140-04 1 $679 $679 3871 PRINCETON TRL 10-45075-010-04 1 $679 $679 3877 PRINCETON TRL 10-45075-020-04 1 $679 $679 3883 PRINCETON TRL 1045075-030-04 1 $679 $679 3889 PRINCETON TRL 1045075-040-04 1 $679 $679 3895 PRINCETON TRL 10-45075-050-04 1 $679 $679 3901 PRINCETON TRL 10-45075-060-04 1 $679 $679 3907 PRINCETON TRL 1045075-070-04 1 $679 $679 3913 PRINCETON TRL 1045075-080-04 1 $679 $679 3919 PRINCETON TRL 10-45075-090-04 1 $679 $679 3925 PRINCETON TRL 1045075-100-04 1 $679 $679 3931 PRINCETON TRL 1045075-110-04 1 $679 $679 3937 PRINCETON TRL 1045075-120-04 1 $679 $679 3943 PRINCETON TRL 1045075-130-04 1 $679 $679 Subtotal 23 $15,620 Lexington Square 1st Addition Block 5 1073 TICONDEROGA TRL 10-45075-130-05 1 $679 $679 3873 GIBRALTAR TRL 10-45075-240-05 1 $679 $679 3874 PRINCETON TRL 1045075-010-05 1 $679 $679 3879 GIBRALTAR TRL 10.45075-230-05 1 $679 $679 3880 PRINCETON ML 1045075-020-05 1 $679 $679 lss 3885 GIBRALTARTRL 10-45075-220-05 1 $679 $679 3886 PRINCETON TRL 10-45075-030-05 1 $679 $679 3891 GIBRALTARTRL 10-45075-210-05 1 $679 $679 3892 PRINCETON TRL 10-45075-040-05 1 $679 $679 3897GMRALTARTRL 10-45075-200-05 1 $679 $679 3898 PRINCETON TRL 10-45075-050-05 1 $679 $679 3903 GIBRALTAR TRL 10-45075-190-05 1 $679 $679 3904 PRINCETON TRL 10-45075-060-05 1 $679 $679 3909 GIBRALTAR TRL 10-45075-180-05 1 $679 $679 3910 PRINCETON TRL 10-45075-070-05 1 $679 $679 3915 GIBRALTAR TRL 10-45075-170-05 1 $679 $679 3916 PRINCETON TRL 10-45075-080-05 1 $679 $679 3921 GIBRALTARTRL 10-45075-160-05 1 $679 $679 3922 PRINCETON TRL 10-45075-090-05 1 $679 $679 3927 GIBRALTAR TRL 10-45075-150-05 1 $679 $679 3928 PRINCETON TRL 10-45075-100-05 1 $679 $679 3933 GIBRALTAR TRL 10-45075-140-05 1 $679 $679 3934 PRINCETON TRL 10-45075-110-05 1 $679 $679 3940 PRINCETON TRL 10-45075-120-05 1 $679 $679 Subtotal 24 $16,300 Lenin on Square 1st Addition Block 6 3876 GIBRALTAR TRL 10-45075-010-06 1 $679 $679 3882 GIBRALTAR TRL 10-45075-020-06 1 $679 $679 3888 GIBRALTAR TRL 10-45075-030-06 1 $679 $679 Subtotal 3 $2,040 Lexington Square 1st Addition Block 7 3906 GIBRALTAR TRL 10-45075-010-07 1 $679 $679 3912 GIBRALTAR TRL 10-45075-020-07 1 $679 $679 3918 GIBRALTAR TRL 10-45075-030-07 1 $679 $679 3924 GIBRALTAR TRL 10-45075-040-07 1 $679 $679 Subtotal 4 $2,720 Lexington Square 1st Addition Block 8 1025 TICONDEROGA TRL 10-45075-050-08 1 $679 $679 1033 TICONDEROGA TRL 1045075-040-08 1 $679 $679 1041 TICONDEROGA TRL 1045075-030-08 1 $679 $679 1049 TICONDEROGA TRL 1045075-020-08 1 $679 $679 1057 TICONDEROGA TRL 1045075-010-08 1 $679 $679 Subtotal 5 $3,400 m Lexingtou Square 2nd Addition Block 1 1007 BOSTON HILL RD 1045076-170-01 1 $679 $679 1011 BOSTON HILL RD 1045076-160-01 1 $679 $679 1015 BOSTON HILL RD 10-45076-150-01 1 $679 $679 .1019 BOSTON HILL RD 10-45076-140-01 1 $679 $679 1023 BOSTON HILL RD 1045076-130-01 1 $679 $679 3919 BOSTON CT 10-45076-100-01 1 $679 $679 3920 BOSTON CT 1045076-110-01 1 $679 $679 3921 BOSTON CIR 1045076-030-01 1 $679 $679 3922 BOSTON CIR 1045076-040-01 1 $679 $679 3923 BOSTON CT 1045076-090-01 1 $679 $679 3924 BOSTON CT 1045076-120-01 1 $679 $679 3925 BOSTON CIR 10-45076-020-01 1 $679 $679 3926 BOSTON CIR 1045076-050-01 1 $679 $679 3927 BOSTON CT 1045076-080-01 1 3679 $679 3929 BOSTON CIR 10-45076-010-01 1 $679 $679 3930 BOSTON CIR 1045076-060-01 1 $679 $679 3934 BOSTON CIR 10-45076-070-01 1 $679 $679 Subtotal 17 $11540 Lexington Square 2nd Addition Block 2 1006 BOSTON HILL RD 1045076-150-02 1 $679 $679 1010 BOSTON HILI. RD 10-45076-140-02 1 $679 $679 1014 BOSTON HILL RD 10-45076-130-02 1 $679 $679 1018 BOSTON HILL RD 10-45076420-02 1 $679 $679 1022 BOSTON HIL RD 1045076-110-02 1 $679 $679 1026 BOSTON HILL RD 10-45076-100-02 1 $679 $679 1030 BOSTON HILL RD 1045076-090-02 1 $679 $679 1034 BOSTON HILL RD 1045076-080-02 1 $679 $679 1038 BOSTON HILL RD 1045076-070-02 1 $679 $679 1042 BOSTON HILL RD. 10-45076-060-02 1 $679 $679 1046 BOSTON HILL RD 1045076-050-02 1 $679 $679 1050 BOSTON HILL RD 10-45076-040-02 1 $679 $679 1054 BOSTON HILL RD 10-45076-030-02 1 $679 $679 1058 BOSTON HILL RD 1045076-020-02 1 $679 $679 1062 BOSTON HILL RD 1045076-010-02 1 $679 $679 Subtotal 15 $10,190 Lexington Square 3rd Addition Block 1 1026 SAVANNAH RD 1045077-090-01 1 $679 $679 1030 SAVANNAH RD 10-45077-080-01 1 $679 $679 1034 SAVANNAH RD 10-45077-070-01 1 $879 $679 1038 SAVANNAH RD 10-45077-060-01 1 $679 $679 1042 SAVANNAH RD 10-45077-050-01 1 $679 $679 1046 SAVANNAH RD 10-45077-040-01 1 $679 $679 1050 SAVANNAH RD 10-45077-030-01 1 $679 $679 1054 SAVANNAH RD 1045077-020-01 1 $679 $679 1058 SAVANNAH RD 10-45077-010-01 1 $679 $679 Subtotal 9 $6110 Lexington Square 3rd Addition Block 2 1019 SAVANNAH RD 1045077-120-02 1 $679 $679 1023 SAVANNAH RD 10-45077-110-02 1 $679 $679 1024 KETTLE CREEK RD 10-45077-140-02 1 $679 $679 1027 SAVANNAH RD 1045077-100-02 1 $679 $679 .1031 SAVANNAH RD 10-45077-090-02 1 $679 $679 1035 SAVANNAH RD 1045077-080-02 1 $679 $679 1039 SAVANNAH RD 1045077-070-02 1 $679 $679 1043 SAVANNAH RD 1045077-060-02 1 $679 $679 1047 SAVANNAH RD 1045077-050-02 1 $679 $679 1051 SAVANNAH RD 1045077-040-02 1 $679 $679 1055 SAVANNAH RD 10-45077-030-02 1 $679 $679 1059 SAVANNAH RD 1045077-020-02 1 $679 $679 3869 DANBURY TRL 1045077-130-02 1 $679 $679 3870 GIBRALTAR TRL 10-45077-010-02 1 $679 $679 Subtotal 14 $9 10 Lexington Square 3rd Addition Block 3 1003 SAVANNAH RD 10-45077-030-03 1 $679 $679 1007 SAVANNAH RD 1045077-020-03 1 $679 $679 3874 DANBURY TRL 1045077-010-03 1 $679 $679 987 SAVANNAH RD 1045077-070-03 1 $679 $679 991 SAVANNAH RD 1045077-060-03 1 $679 $679 995 SAVANNAH RD 1045077-050-03 1 $679 $679 999 SAVANNAH RD 10-45077-040-03 1 $679 $679 Subtotal 7 $4,750 Lexington Square 3rd Addition Block 4 3874 NEWTOWN CT 1045077-100-04 1 $679 $679 3878 NEWTOWN CT 10-45077-090-04 1 $679 $679 3880 DANBURY TRL 10-45077-010-04 1 $679 $679 3882 NEWTOWN CT 1045077-080-04 1 $679 $679 3883 NEWTOWN CT 10-45077-020-04 1 $679 $679 3886 NEWTOWN CT 10-45077-070-04 1 $679 $679 3887 NEWTOWN CT 10-45077-030-04 1 $679 $679 3890 NEWTOWN CT 10-45077-060-04 1 $679 $679 3891 NEWTOWN CT 10-45077-040-04 1 $679 $679 3895 NEWTOWN CT 1045077-050-04 1 $679 $679 984 SAVANNAH RD 1045077-120-04 1 $679 $679 988 SAVANNAH RD 10-45077-110-04 1 $679 $679 Subtotal 12 $8,150 Lexington Square 4th Addition Block 1 959 SAVANNAH RD 10-45078-070-01 1 $679 $679 963 SAVANNAH RD 10-45078-060-01 1 $679 $679 967 SAVANNAH RD 1045078-050-01 1 $679 $679 971 SAVANNAH DR 1045078-040-01 1 $679 $679 975 SAVANNAH RD 1045078-030-01 1 $679 $679 979 SAVANNAH RD 1045078-020-01 1 $679 $679 983 SAVANNAH RD 10-45078-010-01 1 $679 $679 Subtotal 7 $4,750 Lexington Square 4th Addition Block 2 935 SAVANNAH RD 1045078-050-02 1 $679 $679 939 SAVANNAH RD 1045078-040-02 1 $679 $679 943 SAVANNAH RD 1045078-030-02 1 $679 $679 947 SAVANNAH RD 10-45078-020-02 1 $679 $679 951 SAVANNAH RD 1045078-010-02 1 $679 $679 Subtotal 5 $3,400 Lexington Square 4th Addition Block 3 1003 BOSTON HILL RD 1045078-190-03 1 $679 $679 948 SAVANNAH RD 10-45078-090-03 1 $679 $679 952 SAVANNAH RD 1045078-080-03 1 $679 $679 956 SAVANNAH RD 10-45078-070-03 1 $679 $679 960 SAVANNAH RD 10-45078-060-03 1 $679 $679 961 TICONDEROGA TRL 1045078-100-03 1 $679 $679 964 SAVANNAH RD 10-45078-050-03 1 $679 $679 965 TICONDEROGA TRL 1045078-110-03 1 $679 $679 968 SAVANNAH RD 1045078-040-03 1 $679 $679 969 TICONDEROGA TRL 1 1045078-120-03 1 $679 $679 972 SAVANNAH RD 10-45078-030-03 1 $679 $679 973 TICONDEROGA TRL 1045078-130-03 1 $679 $679 976 SAVANNAH RD 10-45078-020-03 1 $679 $679 980 SAVANNAH RD 1045078-010-03 1 $679 $679 983 BOSTON HILL RD 10-45078-140-03 1 $679 $679 987 BOSTON HILL RD 1045078-150-03 1 $679 $679 991 BOSTON HILL RD. 1045078-160-03 1 $679 $679 995 BOSTON HILL RD 10-45078-170-03 1 $679 $679 999 BOSTON HILL RD 10-45078-180-03 1 $679 $679 Subtotal 19 $12,900 Lexington Square 4th Addition Block 4 954 TICONDEROGA TRL 1045078-060-04 1 $679 $679 958 TICONDEROGA TRL 10-45078-050-04 1 $679 $679 962 TICONDEROGA TRL 10-45078-040-04 1 $679 $679 966 TICONDEROGA TRL 10-45078-030-04 1 $679 $679 970 TICONDEROGA TRL 10-45078-020-04 1 $679 $679 974 TICONDEROGA TRL 10-45078-010-04 1 $679 $679 Subtotal 6 $4,070 Lexie on Square 4th Addition Block 5 1000 BOSTON HILL RD 10-45078-010-05 1 $679 $679 990 BOSTON HILL RD 1045078-020-05 1 $679 $679 Subtotal 2 $1,360 Lexington Square 5th Addition Block 1 3811 DANBURY TRL 10-45079-010-01 1 $679 $679 3819 DANBURY TRL 10-45079-020-01 1 $679 $679 3827 DANBURY TRL 1045079-030-01 1 $679 $679 3835 DANBURY TRL 1045079-040-01 1 $679 $679 3843 DANBURY TRL 1045079-050-01 1 $679 $679 3851 DANBURY TRL 1045079-060-01 1 $679 $679 3859 DANBURY TRL 1045079-070-01 1 $679 $679 Subtotal 7 $4,750 Block 2 1009 DANBURY CT . 1045079-030-02 1 $679 $679 3830 DANBURY TRL 1045079-010-02 1 $679 $679 3838 DANBURY TRL. 10-45079-020-02 1 $679 $679 Subtotal 3 $2,040 Lexington Square 6th Addition Block 2 1002 TICONDEROGA TRL 10-45080-260-02 1 $679 $679 /90 1006 TICONDEROGA TRL 10-45080-270-02 1 $679 $679 1008 TICONDEROGA TRL 10-45080-280-02 1 $679 $679 1010 TICONDEROGA TRL 1045080-290-02 1 $679 $679 1012 TICONDEROGA TRL 1045080-300-02 1 $679 $679 1014 TICONDEROGA TRL 1045080-310-02 1 $679 $679 1016 TICONDEROGA.TRL 1045080-320-02 1 $679 $679 978 TICONDEROGA TRL 10-45080-200-02 1 $679 $679 982 TICONDEROGA TRL 1045080-210-02 1 $679 $679 986 TICONDEROGA ML 10-45080-220-02 1 $679 $679 990 TICONDEROGA TRI, 1045080-230-02 1 $679 $679 994 TICONDEROGA TRL 10-45080-240-02 1 $679 $679 998 TICONDEROGA TRL 10-45080-250-02 1 $679 $679 Subtotal 13 $8,830 Lexington Square 6th Addition Block 3 923 SAVANNAH RD 1045080-030-03 1 $679 $679 927 SAVANNAH RD 10-45080-020-03 1 $679 $679 931 SAVANNAH RD 1045080-010-03 1 $679 $679 Subtotal 3 $2,040 Lexington Square 6th Addition Block 4 1001 TICONDEROGA TRL 1045080-070-04 1 $679 $679 1005 TICONDEROGA TRL 10-45080-060-04 1 $679 $679 1009 TICONDEROGA TRL 10-45080-050-04 1 $679 $679 1013 TICONDEROGA TRL 10-45080-040-04 1 $679 $679 1015 TICONDEROGA TRL 10-45080-030-04 1 $679 $679 .1017 TICONDEROGA TRL 10-45080-020-04 1 $679 $679 1019 TICONDEROGA TRL 1045080-010-04 1 $679 $679 977 TICONDEROGA TRL 1045080-130-04 1 $679 $679 981 TICONDEROGA TRL 10-45080-120-04 1 $679 $679 985 TICONDEROGA TRL 10-45080-110-04 1 $679 $679 989 TICONDEROGA TRL 10-45080-100-04 1 $679 $679 993 TICONDEROGA TRL 1045080-090-04 1 $679 $679 997 TICONDEROGA TRL 10-45080-080-04 1 $679 $679 Subtotal 13 $8,830 Lexington Square 7th Addition Block 1 951 KETTLE CREEK RD 10-45081-012-01 1 $679 $679 955 KETTLE CREEK RD 1045081-020-01 1 $679 $679 959 KETTLE CREEK RD . 10-45081-030-01 1 $679 $679 963 KETTLE CREEK RD 10-45081-040-01 1 $679 $679 /�/ 966 STANWIX RD 1045081-070-01 1 . $679 $679 967 KETTLE CREEK RD 1045081-050-01 1 $679 $679 971 KETTLE CREEK RD 10-45081-060-01 1 $679 $679 Subtotal 7 ' $4,750 Lexington Square 7th Addition Block 2 1000 KETTLE CREEK RD 10-45081-100-02 1 $679 $679 1004 KETTLE CREEK RD 10-45081-110-02 1 $679 $679 1008 KETTLE CREEK RD 1045081-120-02 1 $679 $679 1012 KETTLE CREEK RD 1045081-130-02 1 $679 $679 964 KETTLE CREEK RD 10-45081-010-02 1 $679 $679 968 KETTLE CREEK RD 10-45081-020-02 1 $679 $679 972 KETTLE CREEK RD 10-45081-030-02 1 $679 $679 976 KETTLE CREEK RD 10-45081-040-02 1 $679 $679 980 KETTLE CREEK RD 10-45081-050-02 1 $679 $679 984 KETTLE CREEK RD 10-45081-060-02 1 $679 $679 988 KETTLE CREEK RD 10-45081-070-02 1 $679 $679 992 KETTLE CREEK RD 1045081-080-02 1 $679 $679 996 KETTLE CREEK RD 10-45081-090-02 1 $679 $679 Subtotal 13 $8,830 Lexington Square 7th Addition Block 3 1001 DANBURY CT 10-45081-110-03 1 $679. $679 1002 DANBURY CT 10-45081-150-03 1 $679 $679 1003 KETTLE CREEK RD 10-45081-200-03 1 $679 $679 1005 DANBURY CT 1045081-100-03 1 $679 $679 1006 DANBURY CT 1045081-160-03' 1 $679 $679 1007 KETTLE CREEK RD 10-45081-190-03 1 $679 $679 1010 DANBURY CT 10-45081-170-03 1 $679 $679 3858 DANBURY TRL 10-45081-180-03 1 $679 $679 953 STANWDC RD 10-45081-300-03 1. $6'19 $679 957 STANWDC RD 1045081-290-03 1 $679 $679 961 STANWIXRD 10-45081-280-03 1 $679 $679 964 STONY POINT RD 10-45081-010-03 1 $679 $679 965 STANWIX RD 1045081.270=03 1 $679 $679 968 STONY POINT RD 10-45081-020-03 1 $679 $679 972 STONY POINT RD 1045081-030-03 1 $679 $679 976 STONY POINT RD 1045081-040-03 1 $679 $679 979 KETTLE CREEK RD 1045081-260-03 1 $679 $679 980 STONY POINT RD 10-45081-050-03 1 $679 $679 983 KETTLE CREEK RD 1045081-250-03 1 $679 $679 /9� 984 STONY POINT RD 10-45081-060'-03 1 $679 $679 987 KETTLE CREEK RD. 10-45081-240=03 1 $679 $679 988 STONY POINT RD 10-45081-070-03 1 $679 $679 991 KETTLE CREEK RD '10-45081-230-03 1 $679 $679 992 STONY POINT RD 1045081-080-03 1 $679 $679 994 DANBURY CT 10-45081-130-03 1 $679 $679 995 KETTLE CREEK RD 10-45081-220-03 1 $679 $679 996 STONY POINT RD 10-45081-090-03 1 $679 $679 997 DANBURY CT 10-45081-120-03 1 $679 $679 998 DANBURY CT 10-45081-140-03 1 $679 $679 999 KETTLE CREEK RD 10-45081-210-03 1 $679 $679 Subtotal 30 $20,370 Lexington Square 7th Addition Block 4 1003 STONY POINT RD 10-45081-090-04 1 $679 $679 971 STONY POINT RD 10-45081-010-04 1 $679 $679 975 STONY POINT RD 10-45081-020-04 1 $679 $679 979 STONY POINT RD 10-45081-030-04 1 $679 $679 983 STONY POINT RD 10-45081-040-04 1 $679 $679 987 STONY POINT RD 10 45081-050-04 1 $679 $679 991 STONY POINT RD 10-45081-060-04 1 $679 $679 995 STONY POINT RD 1045081-070-04 1 $679 $679 999 STONY POINT RD 10-45081-080-04 1 $679 $679 Subtotal 9 $6110 Danbury Place Block 1 3889 DANBURY TRL 10-19700-080-01 1 $679 $679 3893 DANBURY TRL 10-19700-070-01 1 $679 $679 3897 DANBURY TRL 10-19700-060-01 1 $679 $679 3901 DANBURY TRL 10-19700-050-01 1 $679 $679 3905 DANBURY TRL 10-19700-040-01 1 $679 $679 3909 DANBURY TRI, 10-19700-030-01 1 $679 $679 3913 DANBURY TRL 10-19700-020-01 1 $679 $679 3917 DANBURY TRL 10-19700-010-01 1 $679 $679 Subtotal 8 $5,430 Danbury Place Block 2 3884 DANBURY TRL 10-19700-100-02 1 $679 $679. 3888 DANBURY TRL 10-19700-090-02 1 $679 $679 3892 DANBURY TRL 10-19700-080-02 1 $679 $679 3896 DANBURY TRL 10-19700-070-02 1 $679 $679 /93 3900 DANBURY TRL 10-19700-060-02 1 $679 $679 3904 DANBURY TRL. 10-19700-050-02 1 $679 $679 3908 DANBURY TRL 10-19700-040-02 1 $679 $679 3912 DANBURY TRL. 10-19700-030-02 1 $679 $679 3916 DANBURY TRL 10-19700-020-02 1 $679 $679 3920 DANBURY TRL 10-19700-010-02 1 $679 $679 Subtotal 10 $6,790 Gardenwood Ponds 6th Addition Block 1 962 STANWDC RD 10-28805-020-01 1 $679 $679 Subtotal 1 $679 Total Assessment $244,450 Property Totals 360 Sin le Famil /R4 @RfflmE Q `J / z m O Y Z / DEERWOOD DR Q O City of Hap Engineering Department OAK ROAD YANKEE DOODLE ROAD Proiect Location liw NORTHVIEW ROAD M DIFFLEY ROAD Neighborhood Street Revitalization Location Map.- Project 949 0 Fig. 1 EDGE MILLI (6'-8' wide) Typ. o l.L. J Alol KUJAlt OAJt Existing Typical Section 32' 11/2' WEAR COURSE BITUMINOUS BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section Y 10 REPLACE EX. CURB & GUTTER AS DIRECTED 0C XE A 10-16-06 City of �a�Il L in o e Additions Fig. 3 Engineering Department Typical Sections - Project 948 CITY PROJECT NO 949 INFORMATIONAL NEIGHBORHOOD MEETING LEXINGTON SQUARE -STREET REVITALIZATION WEDNESDAY, DECEMBER 13, 2006 6:30 P.M EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 4 residents representing 3 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments There is a sight distance issue at the corner of Danbury Trail and Kettle Creek Road. Can something be done about it? City staff is investigating and working with the property owner with the obstruction to remove the obstruction, if warranted. How is this project different from the construction back in 2001? The work completed in 2001 was to upgrade the storm sewer system, and was in a limited area in the neighborhood. This project involves the rehabilitation of the streets all through the neighborhood. What is the length of construction? It is generally about 1 to 1 1/2 months from start to completion in a neighborhood. How is the curb & gutter replacement determined? City staff walks the curb lines, preferably after a rainfall, to determine which portions of curb are to be replaced due to severe cracking or poor drainage. How is the condition of the street determined? Is this improvement also based on its age? City staff periodically rates the condition of each street. The ratings are based on the amount and severity of cracks, rutting, or detioration of the street. Age of the street also is considered in. the decision to propose overlay of a street. A resident expressed an interest in a rain garden in their yard on Princeton Trail. Staff will provide further information and put the resident in contact with Dakota County Soil & Water Conservation District (SWCD) staff to discuss possible rain garden grants for interested homeowners. The meeting adjourned at 7:00 p.m. G:Proj-c0nM9IMinuxe - Isz Squ (Y9 NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 17 18. 19. NEIGHBORHOOD MEETING Lexington Square Project No. 949 Wednesday, December 13, 2006 6:30 p.m. Cv S' ( V 5:5- 3 c7 ff ADDRESS 9 s� Y g �' y y �-3 (3 .392 � ./3os�•--- �-><. 20. /'� _ G:FORMS/SIGN4N.Sheet ' 0 D Agenda Information Memo December 19, 2006 Eagan City Council Meeting A. 2007 Fee Schedule ACTION TO BE CONSIDERED: To adopt a resolution approving the 2007 Fee Schedule establishing fees for various City services, supplies and materials. FACTS: • Changes implemented by the Council in 2004 placed most fees at or near the median of comparable cities. • For 2007, many fees are proposed to be adjusted upward for inflation and/or other reasons. It is anticipated the revisions will continue to place Eagan's fees generally at or near the median of comparable cities. ATTACHMENTS: A summary of notable changes for 2007 is attached on page ipw . A copy of the exist1 2006 Fee Schedule marked up with proposed changes for 2007 is attached on pages through3 A copy of the resolution adopting the 2007 Fee Schedule is attached on page guv- 2007 Fee Schedule Summary of Notable Proposed. Changes December 19, 2006 Page 2 Dangerous dog registration switches from $25 every two years to $100 for the lifetime of the dog. Dog license late fee of $2.00 is added. Pages 5, 6 TIF, industrial revenue bond, and multifamily housing bond application fees are reduced from $5,000 to $1,000. Related escrows are Increased from $2,500 to $10,000. Staff time and out- of-pocket costs are charged against the escrows. Changes are in accordance with the draft Business Assistance Policy on this meeting's consent agenda. Page 7 Residential parkland and water quality dedication fee changes reflect inflationary increases approved by the APrC. Per recommendation of the APrC, the methodology for calculating commercialAndustrial property dedication fees is changed. Formerly, the calculation was based on acreage only;. now, the calculation will be based on square footage and projected employee occupancy of the building. Pages 8, 10 Building permit fees are now based on LMC/AMM fee schedule recommendations. A growing number of cities now use this standard Instead of the UBC schedule. Also proposed is a plan review charge on all projects where review is required, not just on projects greater than $10,000 in valuation. The permit cost for certain common Improvements (e.g., basement remodeling, decks, fireplaces) Increases from $69.00 to $89.50 and more accurately reflects the City s costs; a $40 plan check fee is proposed where plan review by staff is necessary. Page 10 Sign permit investigation fee is instituted for those cases where signs are erected prior to obtaining the appropriate permit. The fee is double the normal sign permit fee. Pages 12,16 Utilities connection/availabllity charges and street assessment rates are increased by the Engineering News Review Index, per standard practice. Page 13 Water utilities usage rate increases 4% from $1.20 to $1.25 per 1,000 gallons, primarily due to higher electricity and natural gas costs related to water production. Sanitary sewer rate increases 5% from $2.00 to $2.10, primarily due a requirement by the Metropolitan Council - Environmental Services to expend money on Inflow/infiltration mitigation. A typical family of four (approx. 20,000 gallons/quarter) would see a combined increase of $3.00/quarter, or $1.00/ month. For commercial properties with metered lawnfirrigation usage, a summer surcharge Imposed by the DNR will cause their rates to go up an additional $.02/1,000 gallons. Page 15 Water meter rates reflect the City's cost. Pages 17-21 Parks & Recreation charges are Increased per new policy objectives and/or APrC recommendations. Page 22 Police contractual security rates are increased 4.6%. Page 25 Hourly staff rates are Increased by $5.00. Rates have not been increased since adoption of the 2005 Fee Schedule. Proposed rates are generally in line with inflation over the two-year period. Page 26 Legal fees are up 3%. Page 27 Antenna lease annual rentals are Increased 6% per existing contract provisions. Reimbursement of up -front costs for antenna lease plan review, document preparation; legal review, etc., is captured in the proposed application fee revisions. ao0)- City. of Ea an F@@ It @dm t Approved by the City Council at its December;,'-2004 eeting. Fees are effective January 1, 200f"15�m c;)0,3 Table of Contents Page Licenses and Permits Alcohol........................................................................................................................ 1 Other......................................................................................................................... 2 Tobacco and Liquor License Violations.................................................................... 3 DevelopmentReview............................................................................................................. 4 Construction -related Permits..................................................................................................5 EscrowDeposits.................................................................................................................... 6 Other Development -related Charges Park, Trail, Water Quality Dedication........................................................................ 7 Tree Mitigation/Replacement.................................................................................... 7 Inspections Fees/Permits BuildingPermits........................................................................................................8 MechanicalPermits........................................................................................:.......... 9 PlumbingPermits........................:......................................................:......................9 FireworksPermits..................................................................................................... 9 OtherInspections .............. :..................................................................................... 10 StateSurcharge...................................................................................................... 11 Utilities Fees/Charges Connection/Availability Charges............................................................................. 12 UserRates.............................................................................................................. 13 Other Utilities Fees..................................................................................................14 WaterMeters................................................................:.......................................... 15 Street and Trail Special Assessment Rates.........................................................................16 Other Assessment -related Charges ......... :........................................................................... 16 Parks and Recreation Charges............................................................................................ 17 CommunityCenter Fees...................................................................................................... 20 Police Department Charges................................................................................................. 22 Fire Department Charges..................................................................................................... 23 Fire Department Training Room Rental............................................................................... 24 Equipmentand Staff Rates..:............................................................................................... 25 City Attorney & Other Consultant Rates.............................................................................. 26 Miscellaneous Fees/Charges; .............................................................................................. 27 Summary of Connection Charges........................................................................................ 29 ao� 200' FEE SCHEDULE ALCOHOL LICENSES AND PERMITS Wine Application and investigation Fee Acct Code Beer 1,900.00 0401.4055 Application and investigation $ 500.00 (1) 1101.4239 Off -sale license 100.00 0401.4056 On -sale license 450.00 0401.4056 Temporary license 25.00 0401.4056 Liquor 600.00 " Application and investigation 500.00 (2) 1101.4239 Off -sale license 200.00 0401.4055 On -sale license " Annual sales < $275,000 5,300.00 " Sales $275,000-550,000 6,300.00 " Sales > $550,000 7,300.00 " Sunday license 200.00 " On -sale club license < 200 300.00 0401.4055 201-500 500.00 " 501-1,000 650.00 " 1,001-2,000 800.00 " 2,001-4,000 1,000.00. " 4,001-6,000 2,000.00 " > 6,000 3,000.00 " Temporary (up to 3 days) 150.00 " Wine Application and investigation 500.00 (1) 1101.4239 On -sale license 1,900.00 0401.4055 Sunday license 100.00 0401.4055 Daily consumption and display 25.00 0401.4055 Annual consumption and display 300.00 " Daily sports or convention 50.00 " Annual sports or convention 600.00 " Duplicate license 5.00 0401.4230 Change in managers 300.00 1101.4239 (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and investigation fee is $500.00. (Acct code 9001.2248) (2) Also requires additional fee of $200/person or entity beyond five having an Interest in the proposed licensed establishment. A $1,000 escrow for up to five applicants residing outside of the state is required, plus $200/person beyond five with an Interest. d:PD 200,61FEE SCHEDULE OTHER LICENSES AND PERMITS Adult establishments: Investigation Annual license Adult companionship/escort service provider: Investigation Annual license (one license included w/ adult establishment license) Amusement, mechanical 1-3 machines 4-9 machines 10-15 machines > 15 machines Contractors license - Plumbing OR Sewer and Water Unlicensed Dance hall - initial investigation Dance hall - annual permit Dance, public - single event Fee $ 300.00 Requires $1,000 escrow 5,000.00 300.00 Requires $1,000 escrow 850.00 25.00 per machine 200.00 total 350.00 total 500.00 total MN Dept of Health Bond 8 Ins. Cert. ($25,000), and MN Master Plumbers Cert. ABC, LECET, or MUCA Pipelayer Training Certification & MN Dept of Health Contractor Bond Certificate ($25,000) 300.00 300.00 50.00 Dangerous g registration (144nxl 04 C61)8eigirte Igistration, sign, and tagh (W.t OQ&.e6 R -Will (2188p) P5 00' Development -related permits Dog license (2 -year) [Licenses are also available at ,all Eagan veterinary clinics.] Duplicate dog tag Gambling - investigation Golf cart, motorized permit Golf driving range license Hunting, bow permit- resident Hunting, bow permit- non-resident Kennel permit - initial Kennel permit - renewal Massage therapy establishment - investigation Massage therapy establishment - license Massage therapist - investigation Massage therapist - license Me868@Q4h8FG06t a* Sate Oviuk8liO 14Q 6(,�Jt�j�, L4¢, �&' See pages 4 through 7. 18.00 2.00 250.00 25.00 50.00 10.00 25.00 100.00 50.00 Acct Code 1101.4239 0401.4067 1101.4239 0401.4067 0401.4062 1. 1101.4239 0401.4112 1101.4061 -1401-4961 1101.4061 1101.4061 1101.4239 0401.4114 0401.4070 1101.4120 1101.4212 1101.4212 300.00 1101.4239 300.00 includes 1 therapist license 0401.4064 100.00 1101.4239 25.00 0401.4064 -46.90 .g499-496d 2VV0 �� 7 200" OTHER LICENSES AND PERMITS (cont'd) Paintball facility - investigation Paintball facility - license Parade permit Pawn shop - investigation Pawn shop - license Pet shop license Pigeon Rubbish hauler -commercial, residential, recycling only, or construction/demolition debris Is' truck Each additional truck Shows (circus, carnival, etc.) Investigation License Stables license Tobacco sales license Tree contractor license TOBACCO LICENSE VIOLATIONS: Licensee: First violation at licensed premise Second violation within 24 months of first violation at licensed premise Third and subsequent violations within a 24 -month period at licensed premise Other individuals: LIQUOR LICENSE VIOLATIONS: Licensee: First violation at licensed premise Second violation within 24 months of first violation Third violation within 24 months of first violation Fourth and subsequent violations within 24 months of first violation FEE SCHEDULE Fee Acct Code $ 50.00 1101.4239 150.00 0401.4070 25.00 0401.4120 850.00 per owner 1101.4239 12,000.00 0401.4065 100.00 0401.4063 50.00 0401.4120 0401.4059 100.00 " 60.00 " 50.00 1101.4239 25.00 0401.4120 50.00 0401,4070 200.00 0401.4057 25.00 0401.4058 $ 75.00 1101.4233 200.00 " 250.00 " 50.00 " 500.00 1101.4241 1,000.00 " 1,500.00. plus seven (7) -day " suspension of license 2,000.00 plus thirty (30) -day " suspension of license a�� I 2006 FEE SCHEDULE DEVELOPMENT REVIEW For the charges below that require escrow deposits, refer to p.6 for the amount. Application Type Fee Escrow required? Acct Code Comprehensive Plan Amendment $ 500.00 Yes 0720.4207 Conditional Use Permit (CUP) * 350.00 Yes 0720.4095 Final Planned Development 350.00 Yes 0720.4206 Final Plat 250.00 Yes 0720.4206 Final Subdivision 250.00 Yes 0720.4206 plus 3.00/lot r1t . ni4dVt4 4 mtje-' UZ� -686 -Na -87284268-� L1 P • Interim Use Permit (IUP) * 250.00 Yes 0720.4095 Planned Development -annual review 100.00 No 0720.4223 Planned Development Amendment 250.00 Yes 0720.4207 . (separate from rezoning) Preliminary Planned Development 250.00 Yes 0720.4206 Preliminary Subdivision * 350.00 Yes 0720.4206 Rezoning * 350.00 Yes 0720.4207 Site plan review 150.00 No 0720.4223 Variance-residential 200.00 Yes 0720.4205 Variance -non-residential' 300.00 Yes " Waiver of subdivision - duplex lot splits * 50.00 No 0720.4206 Waiver of subdivision - single-family zoned * 300.00 Yes " Waiver of subdivision - other * 150.00 Yes " * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. =I- 1 200' FEE SCHEDULE DEVELOPMENT REVIEW (cont'd) Lot combination agreement Vacation proceedings Industrial revenue bond and multi- family housing bond pceees� Tax incrementte CONSTRUCTION -RELATED PERMITS Fee 200.00 400.00 plus out-of-pocket City costs on replacement easements and/or transfer of property if handled outside normal subdiv. process Il000 6+900.09 plus out-of-pocket City costs (Escrow required) tt 0oo Grading/excevation If preliminary platted: < 1 acre 1-5 acres 5+ acres If not preliminary platted: 0-5 acres each additional acre over 5 Renewal PFr�lr j RIGHT-OF-WAY (ROW)) MANAGEMENT FEES ROW registration fee ROW excavation permit Winter ROW excavation surcharge (Dec 1 – Mar 31) ROW excavation fee (new development) Obstruction permit . e fKAI IM PVW ,AW(bltt� 4099.99. plus out-of-pocket City costs (Escrow required.) 300.00 500.00 700.00 300.00 50.00 (800.00 maximum) 200.00 40.00 180.00 80.00 90.00 50.00 u0AW ?50,40 xl� etR+ ua 0� tici c c 2?rr af► Acct Code —e720 -42W 0720.4206 0720.4220 b% &I newt, ®jf. 9113.4211 9113.4224 xxxx.4229 2010.4094 2010.4102 warr'"►}, ' c4"40 Q 200j' FEE SCHEDULE ESCROW DEPOSITS The City requires the following escrow deposits. The amounts represent Initial deposits, not actual charges. Additional deposits may be required as City costs are incurred. -Initial Preliminary Subdivision application OR Preliminary Planned Development OR Waiver of Subdivision—other OR Comprehensive Plan Amendment Waiver of Subdivision – single family zoned Final Planned Development Planned Development Amendment' Final Plat Final Subdivision application – 1-3 lots Final Subdivision application – 4 or more lots Contract management < $150,000 estimated construction costs $150,001-$500,000 estimated construction costs > $500,000 estimated construction costs Conditional use permit (Not required if subdivision escrow has been collected as part of same application.) Interim use permit – when site plan is involved (Not required if subdivision escrow has been collected as part of same application.) Rezoning (Not required if subdivision escrow has been collected as part of same application.) Variance—residential Variance—non-residential Escrow Deposit %S,ODo a> $ 250.00 Acct Code 9tMk''*bVi1h1 A to 4NVIK speaeAww 9001.2245 2,500.00 resi n-fersingle-family 4IORC." 4,500.00 miter C/I and " townh o�m�es/tmu�lt�iples 1420seltr4 800.00 3,000.00 " 1,500.00 " 800.00 " 2,000.00 4,000.00 12% of costs 9% of costs 5% of costs 500.00 1,000.00 500.00 1,000.00 500-00 1,000.00 300.00 500.60 Industrial revenue bond processing * tOrO®D 2 500'06 Multi -family housing bond processing'' 10,0100 409-99 TIF processing* ' 4 1 1D,OGD Vie' * pending Council approval on January 3, 2006 5,000.00 minimum 15,000.00 minimum 30,000.00 minimum Residential Commercial Residential Commercial Residential Commercial 9001.2245. 9001.2245 9001.2245 9001.2245 9001.2245 9001.2245 9001.2245 200,eFEE SCHEDULE OTHER DEVELOPMENT -RELATED CHARGES a// Fee Acct Code Parkland dedication: Single-family 30308.00 $ 3,278:60 per unit 9328.4670 Duplex3�� SP 3,2Q6.00 per unit " Townhouse/Quad 3�,4 �•g 00 3,178.00 • per unit'' Apartments/Multiple 070.00 . per unit . ' Commercial (post -1/1/83) , �Pa►�, Dt(► 'Zt4 •f�r•Csr n�wGt rret aFre- " " Industrial (post -1/1/83) �• �• s �� Commercial/Industrial (pre -1/1/83) 2,fP1$Ao Trailway dedication: A�- Commercial/Industrial /Public Facility 5(t Pwrlrq fey . --�tacre- 9375.4671 Residential 2)Fppp 238.00 per unit 9375.4671 Water quality dedication: Water quality dedication fee is equal to, the sum of: (1) the cost of the area of a water quality treatment pond using the per -acre land values below; and (2) the cost of the volume of that pond using the excavation rate below. Dedication fees apply in lieu of or in addition to construction or use of an actual treatment pond. Per -acre land values: Single-family $5,4h4,00 81,404.y10 6501.4672 Duplex ` 80,1520 Townhome 115$.00 (a t 20Z 00 134,546.00 Schools & Churches L41 $13,00 19787.00 Commercial q�' 4.�('cC 1, Industrial �2'� 7 ,813.00 Excavation rate $ 7.50 per yard Tree mitigation/replacement: Refer to City Code section 11. 10, subd. 15.1 for calculation. Individual trees 120.00 per diameter inch 9001.2120 Woodland areas 1.20 per sq ft of woodland 9001.2120 a// 2006 FEE SCHEDULE INSPECTION FEES/PERMITS Building permits:6/(i 4 mIJ Cti � 1A thot Building permit fees are bas on the Permits are issued to specific lots. A change in address or lot after Issuance is subject to a $50.00 transfer fee. Permits vAM valualleasitseedhTole,000 are subject to a Plan Check charge. In addition, there is a State surcharge on all permits; the surcharge fee schedule is on page 11. The following connection and availability charges are also collected with the building permit fees: Fee Sewer availability charge (Met. Council Environmental Svcs — SAC chg), W75 $1,469:90 (These fees are for Sewer availability charge (City) 100.00 single-family dwelling Water supply and storage (City) 1,070 -1*4&.W permits; see pp.12 & 15 Water meter (5/8') J* — 430M for fees for other Treatment plant charge &69 099:86 construction types.) BiAdinaoerntt valuation < $500 30.00 '2'4—W 501-2,000 30.00 plus $100 valuation` > $500 2,001-25,000 '�7j Z5 4=5 plus 114- $1,000 valuation` > $2,000 25,001-50,000 #413.Op 39114 plus (1648 $1,000 valuation* >$25,000 50,001-100,000 (fig 1.1-Y 643is plus 7,9ye9pp/ $1,000 valuation* > $50,000 100,001-500,000 1, b 5o'.1 j 999.25 plus &W$1,000 valuation' > $100,000 500,001-1,000,000 3005303&15 plus M1,000 valuation' > $500,000 40 > 1,000,000 rj ,80'-6§,69"5 plus 34V $1,000 valuation*,> $1,000,000 Building permits for selected work at existing residences: ' • fireplace/fireplace stove, litrNo +h+w � blIOLM MBtk r nail salon, .11 qo o i+l c,�tdv3 s��k- W'' • Reroof; siding, windows (based on fixed valuation of $2,000 per work type and per unit for 1- and 2 -unit buildings): %ftv$*=valuation gO.VV 69. tgbiq" S� i4dO%1A�BIL $4,000 valuation IIS 14 97 5 at a $6,000 valuation or fraction thereof 44 A" Acct Code 9220.2275 9379.4681 6101.4680 6101.4509 6101.4685 0801.4085 0801.4085 13p,olp in•.ete�'ifiuks awt plica. rt �s<Q 7 200' FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Mechanical permits: The Inspections Dept must verify the classification of each multiple -residence dwelling to determine the appropriate permit type. Fee AcctCode . Residential (1-2 family, townhomes, condos) New construction JQA$ 910.e& per dwelling unit 0801.4088 Modification/alteration (i.e., fumace A/C,air exch) Sago 4H* (Permit not required for lower -level ductwork alterations.) Supplementary furnace 50.00 per dwelling unit Commerclal/Industrial/ artment buildings HVAC 1 % of contract price ($50.00 minimum) '0801.4088 Process piping systems 50.00 0801.4088 Underground tank Installation/removel 70.00 0801.4088 Plumbing permits: The Inspections Dept must verify the classification of each multiple -residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) New construction 90.00 per dwelling unit 0801.4087 Modifications that alter living area 50.00 tl Add/replaoe softener, water heater 15.00 Private sewage disposal system 100.00 (includes 40.00 County Permit Fee - 9001.2276 9001.2276 Additional, per as -built 10.00 0801.4087 Abandonment of private sewage disposal 50.00 0801.4093 System -demolition Abandonment - escrow 9001.2257 Turnaround 50.00 0801.4087 Reduced pressure zone (RPZ) backflow pieventer 30.00 Lawn irrigation system 30.00 Commercial/Industrial/Apartment buildinas All plumbing I% of contract price ($50.00 minimum) 0801.4087 PVB/RPZ - new/repair/rebuild/remove 50.00 ' per building 0801.4087 Fire Suppression Permits: I% of contract price ($50.00 minimum) 0801.4096 Fireworks Permits: Sales and Storage- outdoor 350.00 (Includes tent) Sales and Storage -all other 100.00 Pyrotechnic Special Effects Displays 100.00 a 93 2006 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Other Inspections fees: Electrical permits Plan check Demolition permit Day Care Moving permit -building Fee Issued by the State 65% of building permit fee 90 tv $ Jew - 50.00 01p3V 7490 plus cost of damage/ repairs. Escrow to be determined on case-by-case basis. Sign permit 2.50 per square foot Temporary sign permit (up to 10 days in a 60 -day period) 25.00 Wind energy, radio and TV tower permit Based on value as building permit fee schedule Underground storage tank Installationtremoval 70.00 Building permit investigation fee 50% of plan check fee (applies to approved permits abandoned by applicant) Building/Plumbing/Mechanical permit Investigation fee (applies when work commences prior to permit Issuance) Lot transfer or address change fee Replacement building permit field card Duplicate certificate of occupancy Certificate of occupancy research fee Commercial driveway construction in City ROW Commercial utility connection in City ROW Re -Inspection fee After-hours/weekend inspection fee Address change after building permit Issued Permit refunding fee State of MN contractor license verification Street name change application Svc+► Iu�in i + , l�l�es rl�,A wdrk �, Double the base fee 50.00 5.00 5.00 20.00 50.00 20.00 Escrow to be determined on case-by-case basis 50.00 per hr. -1 hr minimum 50.00 per hr. - 2 hr minimum 50.00 50.00 5.00 100.00 plus out-of-pocket Acct Code 0720.4222 0801.4093 1201.4216 0801.4093 0720.4089 0720.4089 0801.4092 0801.4088 0801.4085 permits; p.9 0720.4222 0801.4230 0801.4230 0801.4230 0801.4242 0801.4242 0201.4230 permits, pp.8,9 0201.4230 0201.4230 130.00 Dip** air PCron 4# fee I 200)9 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) State surcharge The State of Minnesota requires the following permit surcharges to be collected by the City and remitted to the State. Building Permits: Value -based permits < $1,000,000 valuation 1000,001-2,000,000 2,000,001-3,000,000 3,000,001-4,000,000 4,000,001-5,000,000 > 5,000,000 Fixed -fee permits Permit amount 1,000 or less Permit amount > 1,000 Fee .0005 x valuation 500 +.0004 x (valuation — 1,000,000) 900 +.0003 x (valuation — 2,000,000) 1,200 + .0002 x (valuation — 3,000,000) 1,400 + .0001 x (valuation — 4,000,000) 1,500 +.00005 x (valuation — 5,000,000) .50 Permit fee x .0005 Mechanical, Plumbing, and Fire Suppression permits: Permit amount $1,000 or less .50 Permit amount > 1,000 Permit fee x .0005 Acct Code 0801.4085 permits, p.9 200�FEE SCHEDULE UTILITIES FEES-CONNECTIONIAVAILABILITY CHARGES Trunk charges: Fee Acct Code Sanitary sewer oversize (for assessment purposes) " Unplatted and platted non-residential yr4PfDA0 $ 2,315. per acre 9379.4611 Platted residential (� iJjp pO 1,12 .00 per lot 9379.4611 Water main oversize Unplatted and platted non-residential 2,50o.00 2, 0.00 per acre 9378.4611 Platted residential (e%pp.aO 1 70.00 per lot 9378.4611 Storm sewer oversize Single-family. 10410 per sq ft 9377.4611 Multi -family ,11f.1 . 5 per sq ft " Non-residential , (fj?J 59 per sq ft " Lateral charges: Sanitary sewer 55.20 per centerline foot 9379.4611 Water main Single-family ".2055.0 per centerline foot 9378.4611 Multi -family and non-residential 7%407 .20 per centerline foot 9378.4611 Storm sewer (based on pipe at 15' depth) . 12" storm sewer IS" 1060.5 !.4 3D per centerline foot 9377.4611 " storm sewer 62. per centerline foot 18" storm sewer 6 .20 per centerline foot " 21" storm sewer 14"IO 2.15 per centerline foot " 24" storm sewer $,q `p 82.40 per centerline foot " Service Charges: Sanitary Sewer -4" service b91 qO 673. per service 9379.4533 Sanitary Sewer -8" stub (,5f9 AV 1,54 .00 per stub 9379.4533 Water -1" service 1.�.j pp 7 .00 per service 9378.4508 Water -6" stub y jtf,p 2, 1.00 per stub 9378.4508 Sanitary sewer availability (SAC): MCES portion -all property types i(jMj.pp 1, .00 per SAC unit' 9220.2275' City portion -all property types 100.00 per SAC unit' 9379.4681 Sanitary Sewer Trunk Connection Charge (SCC): 1-5 SAC l Jrbt7 units �� 1,435.9e per SAC unit' 9379.4611 6-10 SAC units "17" 36 .00 per SAC unit " 9379.4611 11+ SAC units 15p pe 1 Zr.00 per SAC unit' 9379.4611 Water supply and storage: Residential),Gp'�fOOD 1,04 0 per SAC unit' 6101.4680 Non-residential 3- l ,-� 3, 00 per acre " Treatment plant: All property types 60,00 63,W.60 per SAC unit " 6101.4685 " SAC units are determined by Metropolitan Council -Environmental Services (MCES). 016 12 200je FEE SCHEDULE UTILITIES FEES—USER RATES Sanitary sewer Residential and Commercial/Industrial (Usage is based on lower of winter quarter and current quarter water usage.) Administrative fee All usage (min 3,000 gal/qtr) Sewer -only (no water connection) Manual reading/billing fee- deduct meters Water Residential and Commercial/Industrial Administrative fee Storm water drainage All properties except R3 R3 properties (20% credit) Street/slanal liahtlna Neighborhood lights Single-family, twin homes (R1/R2) rTownhomes (R3) ult ple residential Non -continuous Continuous (per LF basis) Continuous (per acre basis) Individual lights 100 W HPS 150 WHPS 200 WHPS 250 WHPS Community and signal lights R1/R2 R3 R4 Non-residential tom,,t�Otk _ ,a .oz oma►- (Poo W541L lLY► Fee Acct Code $ 1.15 per bill 6201.4530 *y:10 -200 per 1,000 gallons " sem, (s 41.15 per quarter " 10.00 per meter, per read " a/7 1.21 r i,WVa 4.75 per bill 6101.4505 1 •Z� -9-28– per 1,000 gallons " 5.00 per day " ��- per REF/qtr 6401.4540 b•I1 3 / per REF/qtr 6401.4540 4 7n 4.58 per qtr/lot 6301.4550 3.6 per qtr/unit " 3 per qtr/account .42 per qtr/acre t rp 116 per qtr/LF Ip,b 0.35 per qtr/acre " 32.5 per Iighttgtr " 47 0 per IighUgtr " 4 .55 per light/qtr " 5�11'L .01 per light/qtr " 1.75 per unit/qtr " 1.40 per unit/qtr " 1.03 per unit/qtr " 7.02 per unit/qtr " a/7 1.21 r i,WVa 2001' FEE SCHEDULE UTILITIES FEES -OTHER Water shut-off Water meter removal/replacement/resealing , Utility bill late charge Certification fee on delinquent utility bills Sewer permit -new or repair of existing Water permit -new or repair of existing Temporary construction hydrant meters (6 mo max) Permit fee Hydrant damage deposit 5/8" meter damage deposit 3" meter damage deposit 3" backflow preventer & cart damage deposit Trip fee (if required) 3/A" backflow preventer deposit Scheduled after-hours work Call out -2.5 hour minimum Extended day Meter testing (charged only if meter tests correct) 5/8" through 1" 1 114" through 2" All other sizes Water turn -on before all work satisfactorily completed (Fee includes refundable deposit of 170.00) Private hydrants Maintenance/flushing Repair Utilities customer list Mailing labels Electronic transmission, weekly new customer list Fee Acct Code $ 55.00 (lam -4pm) 6101.4512 55.00 (7am -4 pm) 6101.4512 1.5% per month on 6101.4506 unpaid balance 25.00 per parcel xxxx.4612 S,0SO 50.Ot5 6201.4532 fv'5'D 0.00 6101.4507 40.00 per month, 3 -month 6101.4521 200.00 deposit required 9220.2254 245.00 9220.2254 1,800.00 " 55.00 0801.4242 s�,pp 3SAg- 9220.2254 OT labor rate plus 15% admin fee to max admin of 60.00 OT labor rate plus 15% admin fee 110.00 6101.4242 130.00 6101.4242 Contract cost plus 15% 225.00 55.00 Time!and material plus 15% C:�` 14 125.00 50.00 per year 170.00 9220.2253 55.00 6101.4228 6101.4242 6101.4242 0501.4230 0501.4230 I 200,' FEE SCHEDULE UTILITIES FEES—WATER METERS Fee Acct Code Water meters (includes copperhorn/strainer, remote wire, and touch -pad meter) 5/8" x Y4" meter 126.00 00 $/6,43.00 6101.4509 Y4" meter 114 -AD 00 " 1" meter 219,E 00 " 1 %z" meter 5F3.1.00 00 " 2" compound meter �0 14 � 0 " 3" compound meter jj".C& " 4" compound meter 3,4S&4P 0 " 6" compound meter &. &o? VD .001 %" turbo meter ,oC 002" turbo meter (,C "3 00 003" turbo meter [I+I t.co 004" turbo meter 006" turbo meter ��,00 ODID. 00 00 " Replacement remote wire (over 50') .12 per foot " Replacement outside touch -pad meter 17.00 " #2 copperhorns only Meter strainers only 2" strainer (oleo 294. " 3" strainer 60; J00 38.00 " 4" strainer gqq 16V 5 .00 " 6" strainer. ?foxo 5.00 " Radio meter read sending unitl",PC 141. 6101.4509 Dual port expander toe AQP .00 6101.4509 C2 / 15 200 FEE SCHEDULE STREET ASSESSMENTS Residential -32' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer Multiple and Institutional -44' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer'_ Commercial/Industrial-52' Wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer TRAIL ASSESSMENTS Concrete -6' wide (includes $4.15/FF sod/grading) Bituminous -10' wide (includes $4.15/FF sod/grading) OTHER ASSESSMENT -RELATED CHARGES Reallocation of special assessments Assessment search Pending assessment report Final assessment report Copies of legal description, owners, etc. ' if less than 100 pages 00�6 16 150.00 0501.4225 10.00 0501.4225 .25 per page ` " .25 per page " .25 per page' 0201.4230 Fee Acct Code $ 45.0 per FF xxxx.4611 / 4612 IS 6. per FF " �fkao 6 .50 per FF " 9� qp .30 per FF " 76 40 74.7 per FF " 124,10 120. 0 per FF " (p1,[#p. 10 .75 per FF " (SS'jtr 1 1.60 per FF " L04017 101.3per FF " (ml�(I 156 0 per FF " (d AAP 13 .70 per FF " ,99,E 1 .50 per FF " 5p 33: per FF xxxx.4611 / 4612 Z.J yn 60 per FF 11 00�6 16 150.00 0501.4225 10.00 0501.4225 .25 per page ` " .25 per page " .25 per page' 0201.4230 200FEE SCHEDULE PARKS AND RECREATION CHARGES Residents Non-residents Acct Code A# facility rental fees and charges are subject to 6.5% State sales tax. The following facility rental fees require a $150.00 damage deposit (exception: see note at bottom), payable at the time of reservation: Trapp Farm, Thomas Lake, and Blackhawk Park pavilions: All day rental (10am-10 pm) ft.400$ 128 0 LIFAV$ 17r xxxx.4625/4626 Half-day rental (10am-4pm, or 5-10pm) Qp�oO 8 .00 (28 po 12Blackhawk kitchen Ajog. 00 P.06 4 " Enclosed park shelter buildings: All day rental (10am-10 pm) 128 0 �i.uD 176/b0 " Half-day rental (10am-4pm, or 5-10pm) go,cv , 8 .00 12,--47 12 .00 " Athletic facilities/shelters: Fields—youth tournament (per field per day) SO.o!! r8. IVPAO 96.0 xxxx.4624/4627 Fields—all other users (per field, per day) J'3� (?roo 140 0 " Lights, if required (per field per hour) qg AV �,bv 10.00Building cleaning (per day) "AW 1110 5.00 xxxx.4625/4626 Eagan Room—City Hall (NOTE: after-hours rental is 2 -hour minimum): Youth group" am to 4:30 pm deposit only� N/ Youth groups—after hours (per hr) (("Sp 4"0- «_ D Local civic groups -8 am to 4:30 pm deposit only /A Local civic groups—after hours (per hr) �� .29.99 N/A Other citizen groups Per hour rental No* 2 0 W.60 50 0 3154.4325 Maximum one -day rental Z�Ip�pD 2 .00 y Qi2 2 0 " For-profit organizations / Per hour rental 72 -AV 66 -99W 3154.4324 � Maximum one -day rental .v 4 004d=w Note: School organizations that have a joint powers agreement with the City may use the City's park shelters and pavilions free of charge. However the organization must pay a $300.00 damage deposit per pavilion, per event, per school. AAAA- lie ue Prv, 4f� G 53,00 aQ 17 53,00 200 FEE The following charges are subject to 6.5% State sales tax., Sun shelters (per day) Picnic kit (requires $50.00 damage deposit) 3 Items Each additional item Chuckwagon grill (per day) Canopy (per day) Extra picnic tables, each 6 ng reservations for groups of 20-80, (1.5 hour rental) Trapp Farm Park only Field/facility maintenance fees: Traveling youth teams (per team) Adult—up to 9 games (per team) Adult—each additional game > 9 Civic Arena rental Indoor turf Tennis courts (per court per hour) Residents gs�,0o $ 4"0- fi59- 4Gad a-�o C44VA, 2401f,01 E, t-vdJO9r3i Wt Tc olt r GSI(' tet ULE Non-residents 411,0'0 $ 64.00 (I -SD 11. &AV .55 4�7.Oa 4310 67� 6To 'u} ADO 70. 0 4,rj 917 -CO 1 .00 ?i$ PO 2 ,2. 11 Z-73, *W '3M / person 6'W 4-66- / person Acct Code xxxx.4625/4626 3074.4318 109,00 96.00��j N/A xxxx.4624/4625 ZA%00230.00 4*.Q7460.00 " J¢lf7 32.00 R96&ft 91,00 54.00 P=MWe " per hr. 119-,007 .00 per hr. 4PQ -3-W M SVD M15-0 10"W 5XVIL VV K& � b aRc VWw 4 �0 pWfP.4t st t .�, ( , t f yto,c�o WO, e�5 6r )�, �� asap-- -Wro *ROM per hr. 715 r7 70.OQ per hr. S,00-4 W V.Po prey g.00 gO,OO 66XX.4355/4356 xxxx.4310/4311 1 200)' FEE SCHEDULE PARKS AND RECREATION CHARGES (Cont'd) Residents Non-residents Moonshine Park: Upstairs — retreattmeeting space (includes availability of overhead/coffee pottkitchen) 8:00am — Noon I&W $ 75. gO.00 $ 85.00' 1:00pm—.5:00pm IWN 7 .00 V� 85ed0 6:00pm—10:00pm gOZO .00 tb*,, �5:0000 Full Day (8:00am-10:00pm) 240.40 3.00 !1J�,DO Downstairs — activity space 8:00am — Noon &IR6 64.00 jq.Bp 75.0,0 1:00pm — 5:00pm 040b r:460 � D0. 75 06:OOpm—10:00pm i�%ti 0 ��Q.p� 9q 0Full Day (8:00am—10:OOpm) t9f.vo 0 �.•t QAO 2 00 Acct Code 3158.4625/4326 Band Shell at Central Park: Permitted use in partnership with Eagan Parks and Recreation meeting community entertainment criteria: No permit fee Permitted use in conjunction with a Community Center paid permitted use — No permit fee 6809.4325/4326 Holz Farm barn rental: Rentals June -August only. Attendant required..' Full-day (8 am —10 pm) 2417170 236:611" 0057=28&.66 Staff attendant fee (required) 10.00per hour 10.00 per hour Wetland conservation application fees: Exemption/no-loss determination 100.00 ( plus staff review time) Replacement plan 300.00 ( plus staff review time ) Banking plan 300.00 ( plus staff review time ) Certificate of completion 100.00 Wetland decision appeal (refundable) 500.00 I'P,aI�ceaR,� 04 u+„iccE�f . Reeeae OR _aaefiavo- Bawd Shell and Public Address System: *Required staff technician at $20/hour Half-day and full day are consistent with all pavilion/shelter reservations " 10 am-4pm 5pm-10pm 10am—lOpm 6530.4675 Rental of the Band Shell only: Half day Fuld t�G • Resident • Non-resident $340.00 425.00 $ 640.00 800.00 p(o Rental of Band Shell w/sound system' , • Resident • Non-resident $540.00 675.00 $1,00000 1,250.00 *Required staff technician at $20/hour Half-day and full day are consistent with all pavilion/shelter reservations " 10 am-4pm 5pm-10pm 10am—lOpm 6530.4675 200)6 FEE SCHEDULE North, South or Central Oaks (110 capacity/each room) Sunday — Thursday • 8:00 am —11:00 pm .3OD.0p • 8:00 am — Noon • 1:00 — 5:00 pm • 6:00 —11:00 pm t�,tSb North, Central or South Meeting Rooms (20 capacity/each room) Sunday — Saturday Resident (d .D • Non-resident/For Profit Wo The Board Room (35 capacity) Sunday — Saturday • Resident • Non-resident/For Profit The Lone Oak Room Full Lone Oak Room • Resident • Non-resident/For Profit Half Lone Oak Room • Resident • Non-resident/For Profit Teen Center • Resident • Non-resident/For Profit Kid's Kare North, Central, or South Gym Gazebo 4L-Aad•Shello 'Requires a two-hour minimum rental Note. Deposit required for all rentals (?,t9O 24.W 5p" OTAP 30.00 349100 Wo SFOD 0 I 4; 7 V. 20 200.00 r100 0 1 .00 0.00 12.00/hr` IR Whr- 45. /hr ` 55 0/hr 28.0 /hr' 28 0/hr' 45.0 hr' 55/hr' 25.00/hr' mEMlhr 50.00/hr 694)e/hr 6815.4324/4325 6812.4324/4325 6811.4324/4325 6813.4324/4325 6810.4326/4327 6844.4326/4327 M � ' COMMUNITY CENTER FEES j�'C�CSL rva0 vv* w�►Jl m 4i tot- 2411177._.� The Oaks (350 capacity) Fee Acc o Sunday — Thursday • 8:00 am — 11:00 pm ?OD.t b $ 600.00/, 6802.2855.x 6802.4324/4325 • 8:00 am — Noon AD 200A " • 1:00 — 5:00 pm ,00 20f .00 " • 6:00 — 11:00 pm 3M.W 2 0.00 " Frida Full Day V0.00 00.00 " Saturday Full Day (e2pa.nm 1, 00.00 " North, South or Central Oaks (110 capacity/each room) Sunday — Thursday • 8:00 am —11:00 pm .3OD.0p • 8:00 am — Noon • 1:00 — 5:00 pm • 6:00 —11:00 pm t�,tSb North, Central or South Meeting Rooms (20 capacity/each room) Sunday — Saturday Resident (d .D • Non-resident/For Profit Wo The Board Room (35 capacity) Sunday — Saturday • Resident • Non-resident/For Profit The Lone Oak Room Full Lone Oak Room • Resident • Non-resident/For Profit Half Lone Oak Room • Resident • Non-resident/For Profit Teen Center • Resident • Non-resident/For Profit Kid's Kare North, Central, or South Gym Gazebo 4L-Aad•Shello 'Requires a two-hour minimum rental Note. Deposit required for all rentals (?,t9O 24.W 5p" OTAP 30.00 349100 Wo SFOD 0 I 4; 7 V. 20 200.00 r100 0 1 .00 0.00 12.00/hr` IR Whr- 45. /hr ` 55 0/hr 28.0 /hr' 28 0/hr' 45.0 hr' 55/hr' 25.00/hr' mEMlhr 50.00/hr 694)e/hr 6815.4324/4325 6812.4324/4325 6811.4324/4325 6813.4324/4325 6810.4326/4327 6844.4326/4327 T 200,J�FEE SCHEDULE COMMUNITY CENTER FEES (cont'd) Fitness Membership Member enrollment fee -1't family member Member enrollment fee — each additional family member Monthly fee — Resldent/Corporatel —1 s family member Monthly fee — Resident/Corporate — each additional Monthly fee — Non-resident —1 a family member Monthly fee — Non-resident — each additional Daily admission to fitness center Report Processina Fee Fitness Attendance Activity report Open Gym Fees Adult Open Youth Open Preschool Open ( includes limited Blast use) Family Open — Adult Family Open — Youth Blast Fees Daily admission 10 -Visit punch card ( residents only ) Private Rental Private Rental (with 8 -hr banquet room rental) Birthday Party Fees Standard Blast Package Blast additional guest (each) Teen Center — Package One Package One — additional guest (each) Teen Center — Package Two Package Two — additional guest (each) Fee 69.00 10.00 $2pO 31. ,6b 2 .00 y2 00 10.00 (Zopo I% W �$ 5.00 3.00 3.00 1.00 2.00 5.00 40.00 150.00 100.00 117 0 1 .75 1 0.00 12.00 150.00 15.00 p5- 21 Acct Code 6807.4321 6807.4310 6807.4304 6810.4318/4319 6804.4318/4319 6804.4326/4327 6805.4310/4311 11 6811.4310/4311 200/6` FEE SCHEDULE POLICE DEPARTMENT CHARGES Fee Acct Code Police/Fire reports: Police incident and other reports/data $ .25 per page 1101.4221 Background investigation report6c., 10.00 " Photos 35mm, first print 10.00 1101.4221 35mm, each additional .50 " Polaroid — color photocopy 5.00 " Digital — color print 5.00 Viewing accident reports (commercial users) .50 per report Audio tapes (copy) 25.00 1101.4221 Video tapes (copy) 35.00 " CD ROM (copy) 25.00 " Other Police charges: eneF �8 A6--per �antFr Contractual security ;L,50 -54-C& per officer per hour 1116.4234 Contractual security admin. fee (5%) �$� 240- per officer per hour 0501.4228 BCA urine or blood test kit 10.00 1101.4691 Driver's license printouts 5.00 1101.4221 A11Cp� .I AIS Police records check/clearance letters ATO V Law enforcement agencies no fee Non-law enforcement agencies 5.00 1101.4221 Repeat nuisance call, for third and subsequent calls 250.00 per call 1101.4215 in a 365-day period 22 1 200# FEE -SCHEDULE FIRE DEPARTMENT CHARGES c2oo2 7 23 Fee Acct Code Fire reports: 627r $ A48. Per PDQ, 1201.4221 PersonnedEquipment: Manpower 20.00 per hr (I hr min) 1201.4242 Chiefs vehicle, rescue truck, grass rigs 175.00 per hr (1 hr min) 1201.4242 Pumper, tanker, emergency support vehicle 300.00 per hr (1hr min) 1201.4242 Command vehicle, aerial 600.00 per hr (I hr min) 1201.4242 Safety house: Within City limits Fire prevention (schools, daycare) no fee Other special requests (e.g., birthday parties at stns) 35.00 1205.4242 Outside City limits County Mutual Aid cities (house only) 175.00 per day + mileage " County Mutual Aid cities, manpower, supplies 200.00 per day + mileage " Others (house only) 200:00 per day + mileage " Others — House, manpower, material 275.Od per day + mileage " Hazardous material containment/cleanup: Personnel: 20.00 per person per hour 1201.4242 ( one hour minium ) Supplies: actual cost Equipment per equipment rates above* 1213.4242 Rescue boat 1.75.00 per hour (1 hr min) 1204.4242 Hamat trailer 175.00 per hour (1 hr min) 1213.4242 c2oo2 7 23 200' FEE SCHEDULE FIRE DEPARTMENT TRAINING ROOMS Room deposit of $150.00 to be paid at time of registration (After -hour rental is a 2 -hour minimum) 24 RESIDENT NON-RESIDENT Small Large Full Small Large Full Room Room Room Room Room Room Acct Code Youth groups 8am-4:30pm deposit only N/A Youth gps after hours (per hr) 9.00 12.00. 15.00 N/A 1201.4324 Local civic groups Sam-4:30pm deposit only N/A Local civic gps after hrs (per hr) 15.00 20.00 30.00 N/A 1201.4321 Other citizen groups Per hour rental 15.00 20.00 30.00 30.00 50.00 75.00 1201.4324 Maximum one -day rental 250.00 600.00 For-profit organizations Per hour rental 30.00 50.00 75.00 30.00 50.00 75.00 1201.4324 Maximum one -day rental 250.00 600.00 Audio Visual 75.00 75.00 1201.4242 Computer connection for and/visual 200.00 deposit 200.00 deposit Microsoft PowerPoint 125.00 125.00 24 200;FEE SCHEDULE EQUIPMENT AND STAFF RATES Equipment: (does not include operator labor) Pick-up truck One -ton dump truck Single -axle dump,truck Tandem -axle dump truck Bucket Truck Aquatic Plant Harvester/ conveyor Tractor Backhoe/loader Front-end loader --ReadV"der` Street sweeper Roller or paver Air compressor Sewer jetter or sewer rodder Sewervacuumretter Groundsmaster mower Pump, 6" Pump, 8" Skid loader Chipper Tanker TV camera—service (1 hour minimum) TV camera—main line (1 hour minimum) Staff rates: Department Director Assistant City Administrator City Engineer Maintenance Superintendent Assistant City Engineer/Sr. Building Inspector Transportation Engineer Building Inspector Park Planner/Landscape Architect Maintenance Supervisor City Planner Planner Water Resources Coordinator Construction Coordinator Utility Construction Inspector Operations Analyst Engineering Technician GIS Technician Maintenance Person– regular Maintenance Person—overtime Intern/Seasonal Survey crew (includes vehicle and equipment): 2 -person 3 -person Clerical Tech Hourly Rate 14FOo t2Ro0 mfoo $ 30.00 32.00 45.00 55.00 45.00 55.00 25.00 50.00 80.00 -96-6t) 30.00 25.00 175.00 200.00 30.00 45.00 50.00 50.00 25.00 45.00 200.00 260.00 Igo 25 Acct Code xxxx.4242 xxxx.4242 200 FEE SCHEDULE X 30 26 Fee Acct Code City Attorney (Severson, Sheldon, Dougherty & Molenda) General legal E'j.Z $ 124.0 per hour 9001.2245 Paralegal fees, per hour " Development -related work per hour " City Council/APC meetings 3.00 per meeting " Consulting Financial Services Wobschall Ltd 90.00 per hour 9001.2245 X 30 26 200 FEE MISCELLANEOUS FEES/CHARGES Animal pickup Animal impound Antenna-Radio,and PCS: Application i Fftro ey 4w1i rz-Sit rve ocumen preparation and plan review andscapin it rent, 1- antennas Site rent, each additional antenna Audio tapes-Board/Council meetings SCHEDULE Fee $ 20.00 i 4.00- per day over amt billed to City by pound 500.00 X99:99 per site '4.1150O,00 -X66690 ve"ite per site 2,5+'nm'° aetdal.rye ctcw-weFew Lfksite.regeired► of $2,999 per Ll,co 20,147 ,00. per site per year (q,f. p W.00 per site per month Certification fee for unpaid false alarm or weed bills City Plans/Policies: Special Area Plans Comp. Water Supply/Distribution Pian Comp. Sanitary Sewer Policy/Plan Comp. Storm Water Management Plar6 ..3.Ong bIA&r Landscape Policy, Shoreland Zoning Ordinance, Sign Regulations or Tree Preservation Policy Water Quality Management Plan d' ail tads Data processing reports Digital image photocopies (pictometry not included) Color: First 1 Each additional B&W: First 1 Each additional "Eagan on Deck" playing cards False alarm charges -commercial and residential: First 3 false alarms per year Each false alarm after 3 Fee schedule Invoicing charge Lodging tax Mailing labels �kfM�y.w1 •Ft c, "(Vr 14TIaMeG XAP, Or A, ?Lv' PrSwkAWW'" actual costs 25.00 per parcel .25 per page .0O •5&. 0 .AO 4-t3:06` 7f -VV .35-99 r .25_ per page 75:00 4g-ee- actual cost +10% 3.00 1.00 1.50 .25 5.00 no charge 100.00 .25 per page 15% to max. of $10.00 3% of gross receipts ECVB (5% City admin fee) actual cost +10% Acct Code 1101.4212 1101.4212 xxxx.4620 xxxx.4618 11 xxxx.4619 xxxx.4620 xxxx.4620 xxxx.4612 0201.4230 6501.4230 0905.4666 1101.4214 0501.4230 0501.4228 9001.2210 0501.4247 0201.4230 I 200)` FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Maps: City map (Lion's Club): First one free - - Each additional $ 1.00 Section maps: '/: section -property only '. 10.00 Y2 section -property and planimetric 50.00 %section -property, planimetric, and contours 150.00 1/8 section -prop., planimetric and contours 40.00 'h section -aerial photo 6.00 % section -property only 5.00 Trunk water or sewer system map 2.50 Water quality classification map 5.00 Specialty maps Based on staff rates, p. 25 Zoning or Comp Guide maps: %44x47-ee4er )ci - &P si 5.00 22 x 34 color 84 48 15.00 x eeleF- GIS Utility As -Built (1/4 section -digital format) _25:A8-_ 40.00 Other digital data/mapping Based on staff rates, p. 25 Copy of commercial land use Notary seal (non -City business): First 5 Each additional > 5 Patch - Eagan Historical Trail Photocopies Plans and Specifications Research of City records (beyond readily available material) Parking restriction - sign bagging fee Street Closure Deposit Returned check or ACH transfer fee Zoning letter Standard Specialty 50.00 3.00 each .50 each 1.00 .25 per page 50.00 minimum, varies by contract Based on staff rates, p.25 %, hr minimum 50.00 25.00 + deposit 25.00 50.00 ?V(, gWce"t Based on staff rates, p. 25 3D- 28 Acct Code 0201.4230 xxxx.4230 xxxx.4231 0201.4230 11 0201.4230 xxxx.4230 xxxx.4231 2001.4691 2001.4691 9001.2255 0501.4210 xxxx.4242 200FEE SCHEDULE SUMMARY OF CONNECTION CHARGES The following connection charges are provided for in the City Code. Some or all of them may be collected at the time of: 1) new development applications, 2) new connections to a utility system, 3) the issuance of building permits, and 4) enforcement of agreements; as appropriate in each individual circumstance. Fee page Sewer Availability Charge (SAC) 8 & 12 Sanitary Sewer Trunk Connection Charge (SCC) 12 Water Supply & Storage 8 & 12 Water Meter ' 8&15 Treatment Plant Charge 8 & 12 Plumbing Permits 8 Building Permits 8&11 Trunk Oversize Charges Sanitary Sewer 12 Water Main 12 Storm sewer 12 Lateral Charges Sanitary Sewer 12 Water Main 12 Storm Sewer 12 Sewer permit --new or repair of existing 14 Water permit—new or repair of existing 14 a33 29 RESOLUTION CITY OF EAGAN APPROVING THE 2007 SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees as listed in the attached shall be effective January 1, 2007. Motion by. Seconded by -- Those in Favor: Those Against: Date: December 19, 2006 CITY OF EAGAN CITY COUNCIL By: Its Mayor Its Clerk 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19* day of December, 2006. Maria Peterson, City Clerk 023 Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. YANKEE DOODLE ROAD CORRIDOR/ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES ACTION TO BE CONSIDERED: Approve the identified preferred alternatives for each of the .three segments for inclusion in the final draft of the Yankee Doodle Road (CSAH 28) Corridor Study & Access Management Guide. FACTS: • On December 4, 2006, the City Council approved a cost participation agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Road (Denmark Avenue to TH 149). The County's study of this 2 -mile segment of County State Aid Highway 28 is being performed by SRF Consulting Group, Inc. This study began in June, 2006 and has a completion date set for year's end. • As traffic and development continue to grow along the Yankee Doodle Road corridor between I -35E and TH 149, various segments and intersections are approaching their maximum Level of Service (LOS) capacities. Several existing intersections do not meet the County's Transportation Plan spacing guidelines. Also, as additional development occurs along this corridor, requested new access locations either conflict with the current guidelines or would compromise the long-term mobility and/or safety of this heavily traveled corridor. An access management plan would be helpful in identifying where future accesses could be accommodated and what infrastructure improvements are the most cost effective. • This 2 -mile corridor was divided into 3 segments for analysis purposes; the West (Denmark Ave. to Lexington Ave.), the Middle (Lexington Ave. to Elrene Road) and the East (Elrene Road to TH 149). Existing traffic information, including volumes, turning counts, and crashes, was analyzed to determine the current operations and LOS. Future traffic projections were determined based upon Land Use plans and information provided by under developed adjacent business owners (i.e. Thomson, USPS Bulk Mail Center). • On August 2, an Open House was held to introduce the study and solicit public input and discussion of issues and concerns along this corridor.Of the 900+ notices mailed out to all property owners within 1 mile of this corridor, 31 attended the open house. With this additional information, various alternatives were developed for each segment including advantages and disadvantages of each. This refined information was then presented to the public at a 2°d Open House on October 12 attended by 29 people. There have also been individual follow-up meetings with several Property/Business owners where significant right- of-way would have to be acquired for some of the proposed alternatives to be implemented. • At the November 21 City Council Workshop, a summary of the study analysis and preferred alternatives was provided to update the Council on the progress of the efforts and in preparation for the Council's selection of the preferred alternatives on December 19. • The 3'd and final Open House was held on December 7 to present the preferred alternatives resulting from the study analysis. 39 people attended this open house. • On December 12, the County's Physical Development Committee received a summary of the study analysis and preferred alternatives. In January, the County Board will consider adoption of the Study and the phased implementation of preferred alternatives as development or CIF's present those opportunities: The approved study will then be the guiding document to implement future transportation improvements and development approvals along this corridor. ATTACHMENTS: Preferred Alternatives Exhibits, enclosed on pages through D,3 / . (Mayor, City Council and Tom Hedges please see 11x17 colored exhibits included un sgparate cover.) November 21 Council workshop draft minutes, pages.a!YO through Correspondence from property owner, page ma V3 OC �� G r L, ��.,� �� (�)��--�.� � L' i 4'% �_�4v� I ... /'riK Gr��vn�mrdu : ".� / / .. � t t .>a r l�p�.- !` fiC"aA. =f5 �. , � �- `u�.° P,. +=c �'�i'�ra 4�FLt '+�z�'"" . ..xazxnsnzn s -sr_. .. _ ... _ ::'.:�h AW Siy4 a�N+• aN! T .G�-"'77 is r 4pp _1 7K 55 03 Iffil rl A, 0 ri0 IV ol. y it 0 NEN V ES . SPECIAL CITY COUNCIL MEETING NOVEMBER 21, 2006 4:00 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councihnembers present: Acting Mayor Carlson, Councihnembers Fields, Maguire, and Tilley. Mayor Geagan was absent due to being hospitalized for scheduled surgery. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert, Director of Parks and Recreation Johnson, and Fire Chief Scott. I. ROLL CALL AND AGENDA ADOPTION Acting Mayor Carlson called the meeting to order. Councihnember Tilley moved; Councilmember Maguire seconded a motion to adopt the agenda reversing the order of Agenda item III, Yankee Doodle Road Access Management Study — Options and Preferred Alternative Presentation, and Agenda item IV, Community Development Block Grant Allocation for 2007. Aye: 4; Nay: 0 Iv. YANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY — OPTIONS AND PREFERRED ALTERNATIVE PRESENTATIONONS City Administrator Hedges introduced this item and presented background information regarding the purpose of the study, steps that have taken place to date, and future activities that will ultimately result in County and City capital improvement programming to implement the necessary improvements. Director of Public Works Colbert outlined four items that were specific drivers in undertaking the study including: 1) projected traffic volumes on County Road 28, 2) increased crash rates, 3) potential additional development along the corridor, and 4) the required coordination of the County and City CIP programming. Director Colbert introduced Kristi Sebastian, Dakota County Traffic Engineer and Frank Loetterle of SRF Consulting Group Inc. as participants in the study and noted that they would present additional information. He further explained the three key principles of safety, mobility and accessibility behind the study recommendations and how they must be balanced to arrive at mutually acceptable solutions. Ms. Sebastian provided additional background and stated that the study group is preparing for the 3nd public open house showing on December 7 at which time they will display the preferred alternatives for each of the three segments of the roadway. The segments are defined as: Denmark Avenue to Lexington Avenue (West Segment), Lexington Avenue to Mike Collins/Ivy Lane (Middle Segment) and Mike Collins/Ivy Lane to Dodd Road (East Segment). Mr. Loetterle explained the issues being experienced or likely to be experienced by the traveling public, options considered as potential solutions by the study team in each of the segments along with the advantages and disadvantages of each. He further explained the preferred alternate for each segment as arrived at by the project study team. c:2 �10 All alternatives include the following: • No access changes to intersection of Lexington Avenue and Yankee Doodle Road • Widening of Yankee Doodle Road to 6 -lanes throughout entire segment • Signal phasing and intersection improvements at the intersection of Denmark Avenue and Yankee Doodle Road The study team preferred alternate is 2-W which includes the following: • At Yankee Place: o No left turns from Yankee Place to Yankee Doodle Road o Right turns in and out are allowed • At Promenade Avenue: o New two-phase traffic signal to control left turns on eastbound Yankee Doodle Road o Eastbound traffic does not stop at intersection o Westbound traffic must stop to allow eastbound left turns o Left turns from Yankee Doodle Road onto Promenade allowed, but left turns from Promenade onto Yankee Doodle Road restricted • At O'Leary Lane: o Right turns in and out only allowed • At Denmark Avenue and Town Center Drive: o Left turns restricted from southbound Denmark to eastbound Town Center Drove • No access changes at the intersection of Lexington Avenue and Yankee Doodle Road • Widening of Yankee Doodle Road to 6 -lanes through the intersection of Lexington Avenue and Yankee Doodle Road • No access changes at Wescott Square The study team preferred alternate is 2-M which includes the following:, • At Discovery/Golfview Drive: o No left turns from Discovery or Golfview to Yankee Doodle Road o No crossing Yankee Doodle Road between Discovery and Golfview o Right turns in and out are allowed • At Columbia/Wescott Woodlands: o New traffic signal o New roadway constructed to connect Discovery Drive and Columbia Drive o New driveway access to industrial site • This alternative assumes a public road connection between Discovery Road and Columbia Drive. No specific alignment has been selected. Additional engineering studies are required to determine the exact location. V/ All alternatives include the following: • The intersection of TH 149 (Dodd Road) and Yankee Doodle Road will remain as a full access signalized intersection for each alternative The study team preferred alternate is a modified 2-E which now includes the following: • At Mike Collins/Ivy Lane: o Right turns in and out from Ivy Lane and Mike Collins only are allowed • An extension of Borchert Lane from Mike Collins Drive to TH 149 • At Elrene Road: o New traffic signal to accommodate full turning movements • At existing Gopher Resources and Commons (LcNidy Addition) entrances: o Right turns in and out are allowed at north entrance o South entrance closed o Full access will be provided by a new road connecting south Gopher Commons (LoNidy Addition) to the new intersection at Elrene Road The City Council expressed concerns about traffic issues in the Promenade area where the private road accesses Denmark. Mr. Loetterle suggested that a site circulation study may be necessary to determine potential solutions, although intersection modifications and changes to the signal sequencing at Denmark and Yankee Doodle Road should help the current situation. Director Colbert noted future steps include the 3`d open house, discussion by the Dakota County Physical Development Committee,.the City Council again on December 19, 2006 and the Dakota County Board next January. Any City comments should go to the Dakota County Physical Development Committee for their consideration. The desired outcome is for the City and County to agree on preferred alternatives for adoption and incorporation into future improvements. The City Council asked that future materials include larger graphics for only the preferred alternatives along with the key to define the map markings. It was explained that most public comments concern having less direct access to Yankee Doodle Road and a decrease in mobility on the roadway. The comments are all being considered in light of balancing the three parameters of safety, mobility, and accessibility. The assumptions used in the study project growth over a 20 year time horizon and incorporate the.assumption that the ring road will be built. The Northwood Parkway Bridge over 35E is a key component of this planning and would also help the Denmark concerns discussed earlier. When Director Colbert asked if the City Council had any comments to forward to the County Board, the Council indicated an informal concurrence with the recommended alternatives (#2) for the Middle and East Segments and wanted to give more thought to the West Segment. Director Colbert explained that all exhibits are available on the Dakota County Website for public viewing. a Y'WZ 0 DON STEVENS, INC. REFRIGERATION • FOODSERVICE • LDDGING • NVAC December 8, 2006 Ms. Kristi Sebastian Traffic Engineer Dakota County Transportation Department 14955 Galaxie Avenue, 3`d Floor Apple Valley, MN 55124 Re: CSAH 28 Corridor Study Impact Dear Kristi; o6 - As. -Z �ervirc� Jhe..JdO9piiali% .�rxd�trF� RECEIVED DEC 11 2006 EAGAN ENGINEERING DEPARTMENT Per our conversation at the 3rd Open house yesterday, we would like to address our thoughts and concerns related to the current alternatives impacting our property at 980 Discovery Road. As the two co owners of Don Stevens, Inc. and Discovery Road Partners, LLC (the building owner) we are committed to the area and -are just completing as 9,000 square foot expansion project on the north end of our building. Our understanding is that M-2 is the preferred alternative at this point. Our belief is that M-3 would be more efficient acid cost-effective. However, we would certainly work with the city and county based on the broadest view of needs and implications. Our .concerns, regardless of the selected Alternative, include: I. We feel strongly that there should be no assessments to our property based on these proposed access changes. 2. If any Don Stevens, Inc. property is encumbered by new construction, that we be fairly compensated for any transfer of land. 3. We need to preserve our ability to add expansion warehouse space on the east side of our property 4. We need to consider our proof of parking requirements if our land is utilized for one of the proposed solutions. Thank you in advance for your due consideration. Sincerely: om Jim#w&arm President Cc: Mr. Russ Matthys, PE Mr. Timothy Plath, PE, PTOE Eagan Office 980 Discovery Road Eagan, Minnesota 55121 Phone: 651-452-0872 WATS: 800.4442299 . Fax: 651.452-4189 Dave DeSudr Vice President Iowa Office . Interstate Business Park . 4269 10M Street Urbandale, IA 50322 /� Phone: 515-273-6622 " / WATS: 800.363,-2623 Vv�/ Fax: 515-2704557 Minot Office 620 20th Avenue S.W. Minot, ND 56701 Phone: 701-638-9999 WATS: 600-061-1201 Fax: 701-838-7575 Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. LOTS 1 & 2, BLOCK 1. SILICON GRAPHICS 1sT_ ACTION TO BE CONSIDERED: 1. Approve the Vacation of public drainage and utility easement within Lots 1 & 2, Block 1, Silicon Graphics Addition and authorize the Mayor and City Clerk to execute all related documents. 2. Approve Final Subdivision (Waters Annex) to create one lot and three outlots upon approximately 42 acres located in the SW %4 of Section 1. FACTS: ➢ A public hearing was held on the Vacation request on December 4, 2006 and Council action was postponed to be concurrent with approval of the final plat. ➢ The Preliminary Subdivision was approved April 18, 2006. ➢ All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. ATTACHMENTS (3): Location Map, page Jf Legal Description & Graphic for Vacation, pageW';� Final Plat, page QLay / g a�� Location r _ 1 r I rui KIM mw �it7� di:oil �� i'i o GXTS INTERSTATE 494 Q M Proposed W Vacation LONE OAK ROAD 7—uj TRUNK I y HWy No. 55 p > I Ch z O I z � I ti I I YANKEE DOODLE ROAD I yp 2� I I i Silicons. 1st Add. aq of Eakan Proposed Easement Vacation 11-1-06 Engineering Department Location Map. CSM EQUITIES, L.L.C. — Petition to Vacate — Waters Annex DESCRIPTION OF EASEMENTS TO BE VACATED 1. The following drainage and utility easements dedicated in the plat of LONE OAK, which plat was filed of record on May 24, 1985, as Document No. 688442, Office of County Recorder, Dakota County, Minnesota: All drainage and utility easements dedicated within those portions of Outlots H and L of the recorded plat of LONE OAK, embraced within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION, and all drainage and utility easements dedicated within Outlot G of the recorded plat of LONE OAK. 2. The following drainage and utility easements dedicated in the plat of CRAY ADDITION, which plat was filed of record on January 15, 1988, as Document No. 823591, Office of County Recorder, Dakota County, Minnesota. Alldrainage and utility easements dedicated within Outlots B, C, and D, CRAY ADDITION. 3. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of CRAY SECOND ADDITION, which plat was filed of record on October 24, 1989, as Document No. 909674, Office of County Recorder, Dakota County, Minnesota, All drainage easements for ponding and all drainage and utility easements dedicated within Outlots A, B and C, CRAY SECOND ADDITION. 4. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of SILICON GRAPHICS FIRST ADDITION, which plat was filed of record on April 17, 2001, as Document No. 1765742, Office of County Recorder, Dakota County, Minnesota. All drainage easements for ponding and all drainage and utility easements dedicated within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION. q? LEGEND EXISTING EASEMENTS OUTSIDE PROPOSED EASEMENTS PROPOSED EASEMENTS j�� 0 100 200 400 j� SCA® ewm u� M �rwr w PROPOSED EASEMENTS EXIIIWf GRAN. MINNESOTA VICINITY ='. M, 2 norma grMlr4 K EXHIBIT A f MI h J11� ti �YiM hl Fe .110 .iia ~iupM W.rJw M�w�� ANT mm Agenda Information Memo December 19, 2006, Eagan City Council Meeting D. FINAL PLANNED DEVELOPMENT —LOT 1, BLOCK 1. WATERS ANNEX ACTIONS TO BE CONSIDERED: To approve a Final Planned Development to construct a 54,880 sq. ft. building located on Lot 1, Block 1, Waters Annex, in the SW '/4 of Section 1. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The Preliminary Planned Development approved earlier this year provided for an office/warehouse building on this site. The Preliminary Planned Development specified a 55,000 sq.. ft. building with not more than 40% warehouse. ➢ White House Custom Colour is acquiring the property from CSM, and is developing the lot in two phases. The first phase consists of 35,880 sq.. ft. The proposed use is office and manufacturing/production, with 10% warehouse. ➢ The proposed development is consistent with the Preliminary Planned Development Agreement governing this property. ➢ The Final Planned Development Agreement is anticipated to be signed and in order for execution at the regular meeting of the City Council ATTACHMENTS (1) Location map on page oZ aso Location MapPwk � Emnitlary Amin - Edlling Feetp nt MENDOTA HEIGHTS x, I r . n ay � •. I -. 40 4 V q ,.+ Sub set Site £e 1 ® Q IML n � F - r FA 9 m P h- Y ®� m„� ,.• ,., •Y • 141111 oil LF �'" ®fie • 1. � � ® i , m . E "�Vil •.. 7000 0 7000 2000 Feel White House Custom Colour Final Planned Development L1, B1, W am An City IAn.44e L1. n•pam pmreYe �yy pnmb C•e wROMm ef/ip�01006. USE ONLY N / of THIS IsW is INTENDED FOR REFERENCE The Clty of Eagan aed_ Dakota County ds not SoornDleo the oeovnry. of thisInfonnmtleo and en S Gmmnny O•••lym••1 h•••mM•l OOt MFOnOlh10 !0(0110(0 O( Onlleel009. Agenda Memo December 19, 2006 Regular City Council Meeting OLD BUSINESS: E. Approve Caponi Art Park and Learning Center Tunnel Fence Removal ACTION TO BE CONSIDERED: Pending approval from Dakota County, approve the removal of the fence from the Diffley Road pedestrian tunnel and enclosure of the tunnel within the fences of the Caponi Art Park and Learning Center. FACTS: • The Public Works committee met with Cary Felbab, Chair of the Caponi Art Park and Learning Center at their meeting on December 11, 2006 to discuss the removal of the tunnel fence and enclosure of the tunnel within the art park. The Public Works committee agreed to recommend the following: o The City would assume the cost for removal of the fence in the tunnel. o The Caponi Art Park and Learning Center would assume the cost and construction of a fence according to specifications approved by both the City and the County that would close the tunnel to unlimited public use. o The tunnel would be open from 9:00 a.m. to sundown every day of the year, weather permitting, with the physical opening and closing administered by an employee or volunteer of the Caponi Art Park and Learning Center. o It will be necessary for the Caponi Art Park and Learning Center to apply for a variance to allow the joint use of motorized vehicles with pedestrian traffic through the tunnel while the tunnel is open to the public. o Upon review and action by the City Council at the December 19 meeting, it will be necessary for the Caponi Art Park and Learning Center Board to seek a similar approval by Dakota County before any work is done on the tunnel. • At the November 21, 2006 Special City Council Meeting, Mr. and Mrs. Anthony Caponi along with Cary Felbab, chair of the Caponi Art Park Board, requested permission to remove the fence from the Diffley pedestrian tunnel and allow the Caponi Art Park and Learning Center to enclose the tunnel within the fences of the art park. The item was referred to the Public Works Committee for further discussion. • Since the November 21" meeting, staff has discussed the request with staff from Dakota County since Diffley Road is a County Highway. Preliminary County c�2sc� comments indicate that it is doubtful that the County would allow any portion of this tunnel or trail to be vacated, abandoned or restricted to the general public. Enclosed is a memo from Public Works Director Colbert regarding the County's response. ATTACHMENTS: • Minutes from Public Works Coj�►eeting of December 11, 2006 are enclosed on pagesaSYthrough�(o • Memo regarding County interest in the tunnel on pagea!5;1 NOTES PUBLIC WORKS COMMITTEE MEETING December 11, 2006 Attendance: Those present for the Public Works Standing Committee meeting held on Monday, December 11, 2006 at 7:00 p.m. were Public Works Committee members/City Councilmembers Cyndee Fields and Mike Maguire, Director of Parks and Recreation Juli Seydell Johnson, Director of Public Works Tom Colbert and City Administrator Tom Hedges. Review Inver Grove Heights Plans for a Pedestrian Trail in Broadmoor Park • . The City Administrator introduced the item by sharing some history about the Inver Grove Heights proposal to build a hard surface trail in Broadmoor Park. He stated that Broadmoor Park is in Inver Grove Heights with its western border abutting several residential lots along Westin Hills Drive in Eagan. A summary was given for meetings held in the months of September and October between Eagan residents and elected officials from the City of Inver Grove Heights regarding plans for the trail, impact on Eagan residents and how the Joint Powers Agreement affects the proposed trail improvements. Director Colbert stated that the main reason for the Joint Powers Agreement between the City of Eagan and Inver Grove Heights is the interconnection of utilities. • Director of Parks and Recreation Johnson gave background on a meeting she attended at Broadmoor Park with the Inver Grove Heights City Councilmembers, residents from that community and neighbors from the Westin Hills development. • Ms. Stephanie Favre and one other Westin Hills neighbor appeared at the Public Works Committee and shared their concerns about the proposed hard surface trail. Councilmember Fields spoke to the severe elevations and concerns about the trail if the area should experience a high water balance due to a storm. She emphasized the amount of wetlands and how the trail appears to not have compatibility with the topography given the severe elevations and need for wetland mitigation. • Councihnember Fields stated that there should be no trail and, in five (5) years, it might be appropriate to evaluate where the natural walking trail has developed. She further stated that there should not be a hard surface trail due to the clearing of trees that would likely be necessary for a construction easement. • Councilmember Maguire agreed that trees should be preserved on the Eagan side and that Inver Grove Heights' need for construction right-of-way could impact the trees in the Westin Hills development. • Councilmember Maguire also stated that it is important that the City of Eagan not be hypocritical in the sense that public trails exist in backyards of neighborhoods throughout the City of Eagan and are working quite well. He farther stated that, due to the topography, existing trees, wetland and other factors, he would agree that a hard surface trail is not appropriate for this location. • After further discussion, staff input and discussion with residents in attendance, it was determined that; l) the existing elevation of the berm may not be altered as it is a condition of the 1997 Joint Powers Agreement, 2) no hard trail be constructed due to the amount of disturbance that existing trees would likely suffer in addition to the impact on the existing tree root zone; a requirement because easements would likely be required from Eagan residents, 3) communicate a preference that the trail project be delayed to determine the actual use patters of the neighboring subdivision residents, and 4) respectively submit a letter to the City of Inver Grove Heights acknowledging the City of Eagan's review and recommendations relative to a proposed trail in Broadmoor Park. Casoni Art Park Learning Center Tunnel Fence Removal City Administrator Hedges provided some background on the request by the Caponi Art Park and Learning Center to remove the fence located inside the pedestrian tunnel under Diflley Road and enclose the tunnel within the fences of the art park. The tunnel currently connects public trail ways on the north and south side of Diffley Road and parcels. for the Caponi Art Park and Learning Center. • Drawings were presented using pictometry to view the tunnel trail connections relating to pedestrian movement on Diftley Road as well as utilization of the tunnel for the Caponi Art Park and Learning Center activities. • Cary Felbab, representing the Board of Directors for the Caponi Art Park and Learning Center, stated that the gate would be open during hours of operation for the Art Park; the access to the tunnel would be closed at night preventing misuse of the tunnel. Mr. Felbab summarized the recommendation of the Board to remove the fence from inside the tunnel, enclose the tunnel within the fences of the art park, close the tunnel at night. The Board feels this will better service construction vehicles, golf carts and other art park uses of the trail. • Mr. Felbab also spoke of the public nuisance from the gathering of individuals inside the tunnel. Staff stated to their knowledge there has been no police record of any incidence in the tunnel creating any concern for public nuisance. • There was discussion about different concepts that could work for removing the fence from the tunnel and installing new fences to provide security for the art park. These included keeping the tunnel open 24 hours a day by placing gates on the fences that secure the Caponi Art Park and Learning Center property on each side of the tunnel. This would allow for the Caponi Art Park to regulate times the gates are to be open for public use of the Art Park and Learning Center grounds and make room for construction vehicles the size of golf carts to use the tunnel, while allowing the tunnel to remain open to public trail use at all times. • It was also noted that any action by the City would require presentation and approval by Dakota County; this should occur after the City Council considers the Public Works Committee recommendation at the December 19 meeting. • After further discussion, the Public Works Committee members agreed on recommendation to the City Council to consider the following: o The City would assume the cost for removal of the fence in the tunnel. o The Caponi Art Park and Learning Center would assume the cost and construction of a fence according to specifications approved by both the City and the County that would close off the tunnel. o The tunnel would be open 9:00 am. to sundown everyday of the year, weather permitting, with the physical opening and closing administered by an employee or volunteer of the Caponi Art Park and Learning Center. o It will be necessary for the Caponi Art Park and Learning Center to apply for a variance to allow the joint use of motorized vehicles with pedestrian traffic through the tunnel while the tunnel is open to the public. o Upon review and action by the City Council at the December 19 meeting, it will be necessary for the Caponi Art Park and Learning Center Board to seek a similar approval by Dakota County. P'56 Citi of Eat TO: PUBLIC WORKS COMMITTEE MEMBERS FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: DECEMBER 712006 SUBJECT: DIFFLEY ROAD PEDESTRIAN UNDERPASS & CAPONI ART PARK - COUNTY JURISDICTION A fair amount of research and background information has been assembled in response to Mr. Caponi's request to have the existing Caponi Art Park security fence removed from the pedestrian tunnel under County State Aid Highway 30 (Diffley Rd.) which would essentially restrict the general public's access to this underpass. It is my understanding that Mr. Caponi proposes to relocate certain portions of his security fence to fully incorporate the tunnel within the boundaries of the Art Park. The tunnel was installed as part of, the County's upgrade of Diffley Rd in 1993 under a_ Cooperative Cost Participation Agreement between the City and the County. Under the terms of the agreement, the City was responsible for 100% of the cost of a tunnel and the perpetual maintenance of the trail within it. The County is responsible for all structural maintenance of the tunnel itself. At the request of Mr. Caponi, the minimum size of the approved pedestrian underpass was expanded to accommodate the minimum widths of two separate trail functions (i.e. general public and Art Park users) by way of a security fence. 100% of the over -sizing and fencing was the responsibility of Mr. Caponi and specially as to him. The original concept of the tunnel arose when it was learned that the continuation of the trail construction along the south side of Diffley Road would result in an extensive cut slope into the hill of the Art Park property reducing its current amphitheater effect. The City Parks Commission and Council were supportive of the additional expenses to minimize this impact while still maintaining the continuity and integrity of the County's trail system along County arterial roadways. In conversations with the County's Transportation Department and the County Attorney's Office, the trail along the roadway and within the tunnel still remains under the jurisdictional authority of the County (within the County's right of way). Any proposal to modify or transfer jurisdictional control would likely require the County's approval. Preliminary County comments indicate that it is doubtful that the County would allow any portion of this tunnel or trail to be vacated, abandoned or restricted to the general public. Respectfully submitted, ash AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 199 2006 A. CALL TO ORDER B. ADOPT AGENDA �a6o C. APPROVE MINUTES D. OLD BUSINESS �b 1. CEDAR GROVE REDEVELOPMENT DISTRICT— Direction Regarding. Status of Core Area Development Agreement with Schafer Richardson tp, 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Occupancy Proposal for Grand Slam at Cedarvale Mall E. NEW BUSINESS E. OTHER BUSINESS F. ADJOURNMENT OS -800, Agenda Information Memo Eagan Economic Development Authority Meeting December 19, 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 ran 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 November 9, 2006 EDA meeting as presented or modified. ATTACIIMENTS: • Minutes of the November 9, 2006 EDA meeting on pages c;%o. asq MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 9, 2006 A meeting of the Eagan Economic Development Authority was held on Thursday, November 9, 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 Fields seconded a motion to approve the agenda as presented Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the September 5, 2006 meeting as presented. Aye: 5 Nay:0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT UPDATE REGARDING STATUS OF CORE AREA REDEVELOPMENT AGREEMENT WITH SCHAFER RICHARDSON Community Development Director Hohenstein provided an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of the Cedar Grove Redevelopment District. Commissioner Carlson moved, Commissioner Fields seconded a motion to receive an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corporation for the redevelopment of the core area of the Cedar Grove Redevelopment District; and directed further review by the Finance Committee. Aye: 5 Nay: 0 C�6v NEW BUSINESS NORTHEAST KAGAN REDEVELOPMENT DISTRICT COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK Community Development Director Hohenstem discussed the proposed collateral assignment of the development agreement between the City and MG Eagan, LLC to LaSalle Bank. Commissioner Carlson moved, Commissioner Tilley seoond8d a motion to adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Hwy Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting at 8:00 p.m. Date C26/ Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting December 19, 2006 --- _ - 1. ACTION TO BE CONSIDERED: To provide staff and the City Attorney with direction regarding the TIF Development Agreement between the City and Cedar Grove Development Corp to: • Approve the Termination of Development Agreement. rJI • Find Cedar Grove Development Corp to be in default of the development agreement and authorize a notice of default to be sent to the developer. 7 • To provide such other direction as may be appropriate. FACTS (New Information in Bold): 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 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 proceeded with preparation of the Phase I Site Plan and approached the deadlines in the May 16 amendment, they identified issues that they wanted to address prior to proceeding with the submittals. Those issues 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. C2 6 w?- • The Developer requested and the City approved a Second Amendment of the Development Agreement on July 18, 2006 that extended the deadline for submission of the Phase I Site Plan to October 23, 2006. • In the meantime, the City proceeded with the acquisition of the Cedarvale Mall and the tenant relocation activities and continues to negotiate for the acquisition of other properties in the Redevelopment Area • A Phase I Site Plan has not been received. • At its meeting of November 9, 2006, the EDA received the attached letter and memo regarding the status of the development agreement and referred the matter to the City Council Finance Committee for review and recommendation. The Finance Committee is recommending that the development agreement be terminated. The City Attorney has prepared an agreement to terminate the development agreement and has submitted it to the developer for consideration. • If the agreement has been executed by the developer in advance of Monday's EDA meeting, it will be in order for action by the EDA and City Council. If the agreement has not been executed by the developer, the EDA and City. Council may consider declaring the developer in default and authorize a notice of default to the developer. The developer has 30 days to cure the default. • If the agreement is terminated, staff would propose to. request direction for next steps to proceed with the redevelopment of the area at a future Council or EDA meeting. ATTACffi1UNTS: • Termination Agreement on pages 0Z i4__.)6 % n/ • Finance Committee meeting notes on pages mop • Developer's letter on es� 0 through1� • Staff memo on pages through • Area map on page • Approved site plan on page TERMINATION OF DEVELOPMENT AGREEMENT THIS TERMINATION OF DEVELOPMENT AGREEMENT ("Agreement) is made this _ day of 2006, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA'); CITY OF EAGAN, a Minnesota municipal corporation (the "City"); and CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation (the "Master Developer'j. The EDA, City and Master Developer are hereinafter collectively referred to as the "Parties." WHEREAS, the Parties entered imo a Development Agreement dated January 17, 2006; a Supplement to the Development. Agreement dated January 17, 2006; a First. Amendment to the Development Agreement dated May 16, 2006; and a Second Amendment to the Development Agreement dated July 18, 2006 (collectively the "Development Agreement") relating to Tax Increment Financing District No. 1; and WHEREAS, the Parties desire to terminate the Development Agreement and release each other from any fiuther obligations under the Development Agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Master Developer, the Parties hereby covenant and agree as. follows: 1. TExMIh noN GF DEvELGPMENT AGREEMENT. The Parties hereby agree that the Development Agreement is hereby terminated in all respects and each party is hereby relieved of any finther rights or obligations under the Development Agreement. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By Pat Geagan Its: President Ey Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation Ey Pat Geagan Its: Mayor By Maria Petersen Its: City Clerk CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation Its 2 c;�6S STATE OF MINNESOTA ) )as COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2006 by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )as COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2006 by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )as COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 2006 by , the Development Corp., a Minnesota corporation, on behalf of the corporation. Notary Public 0 day of of Cedar Grove THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952)432-3136 (RBB: 206-23508) fl a6 � Meeting Notes Finance Committee Meeting October 3, 2006 I. Adoption of Agenda The Agenda was adopted as presented. II. Business Assistance Policy and Public Financing Policies Community Development Director Hohenstein provided an overview of the background regarding Business Assistance Policies and Public Financing Policies. He indicated that cities that provide public financing assistance to private businesses or developments are required by statute to adopt and follow a business assistance policy, which among other things lays out specific job and wage level goals for projects that do not involve redevelopment or housing development The City's most recent Business Assistance Policy was adopted it 2001, prior to statutory amendments that require it to be updated. He stated that the Economic Development Commission's Finance and Development Committee had largely completed an update of the Business Assistance Policy and TIF Policy, but that the full Commission had not acted on a recommendation at the time that the EDC was disbanded. He said that the EDC Committee's approach to the policies was that the Business Assistance Policy would apply to all types of assistance and that a "tool box" of financing methods, such as tax increment financing and a revolving loan fund, would be tools within the tool box. The one outstanding issue was the specific job and wage goals to be set for economic development projects where job or business development is the purpose of the assistance. He indicated that many policies set higher wage or leverage requirements to help create living wage of head of household jobs and prevent public financing from being used to create low wage jobs or small numbers of jobs. Taking a somewhat different approach, the EDC Committee had suggested setting a low minimum of one job at federal minimum wage to create the greatest flexibility for the Council to approve projects regardless of the number of jobs or their wage level. The EDC Committee had determined that both approaches should be presented to the Council for consideration in the adoption of the policies. The Finance Committee indicated that it would be more appropriate to have higher wage and job creation goals in the City's policies. It was noted that other City policies do permit Councils to waive or amend the goals for specific projects if they determine that the project warrants it. Hohenstein also overviewed information relative to Tax Abatement authority and the Twin Cities Community Capital Fund, which the Council has authorized the City to join at the recommendation of the EDC. The TCCCF is a revolving loan fund, which resells loans on the secondary market to leverage more loans than a single city's loan fund could capitalize. The Finance Committee concluded that the basic approach of a master policy and tool box is appropriate. The Committee directed staff to develop wage and job goals that would require higher base wages and a relationship between the level of assistance and number of jobs. The Committee indicated that it is not supportive at this time of the City using tax abatement authority and that staff should prepare a policy statement to that effect. Finally the Committee directed staff to prepare a brief policy statement indicating that the City will generally apply the Business Assistance Policy to businesses seeking financing through the TCCCF, but that the City would not add criteria or standards beyond the basic TCCCF determination of eligibility and credit worthiness for such loans. The revised job and wage goals and the policy statements regarding tax abatement and TCCCF were to be returned to the Finance Committee for a recommendation to the full Council on the adoption of the policies. Ill. Other Business City Administrator Hedges briefed the Finance Committee on the status of discussions with a prospective user of the Eagan Civic Arena. He noted a number of items that need additional clarification and discussion to include potential bonding questions, payment of operating costs, and a desire to use new revenue streams such as naming rights and/or advertising sales as a mechanism to pay for ice time use. Director of Administrative Services VanOverbeke covered the basic financing elements relating to new construction as they have been discussed and noted a list of questions that need to be answered by a bond attorney before additional substantive discussions can be held. Due to potential client conflicts it has been problematic to get the questions addressed to date. The Finance Committee provided direction that interior naming rights may be appropriate and that any revenue deal needs to be straight forward and simple. They also directed that if all of the bonding questions can be satisfactorily answered, protection must be provided to ensure that no debt service requirements become obligations of the City. IV. Adjournment C)69 tSchafer Richardson November 2, 2006 Mayor and City Council: Thank you for the opportunity to work on the Cedar'Grove project over the past several years. Wehave enjoyed working with you, your staff, and the City's consultants to make the redevelopment of the Cedarvale Mall and the surrounding 70 acre area an asset to the City of Eagan and the region. The site plan which you saw and.approved as part of the development agreement turned out not to be supportable in the current market' Specifically' • Market conditions for for -sale housing have worsened substantially. As you know, condominiums and townhomes were a large part of earlier site plans. • The amount of freestanding commercial space - which is more feasible titan residential space in the current market - needs.to be increased. However; it is limited by traffic constraints and the City's design guidelines for the area. In an effort to make the project more market supportable, we made several changes to the proforma We replaced some condo units with rental units, We replaced condo units with senior housing units, and We increased the amount of commercial square footage. We do not feel that the project as it is currently structured is feasible. over the past few months, we have spent considerable time testing different mixes of land uses to attempt to create a redevelopment plan which is market supportable and successful Some of these changes are: • We increased the land price for townhome lots, • We increased the land price for commercial land, and • We increased the market values for the townhome units and commercial land, which increases the amount of TIP available. After all these changes, the project proforma still has a considerable financial shortfall, and it puts too much risk on us as the developer. The project currently has a gapof over $2 million, and the gap for phase I - the most critical phase for financing and marketing the project - has a much' larger gap still. ® Rent Estate Development 00 Banka Bwldmg 61S Fiat Avenue NR const mc&a Noo apoBg MN 55413 ?gveetment Phone 612.371.3000 Leasing a Management . Fax 612.3595656 WWW tMoxn Mayor and City Council November 2, 2006 Page 2 We believe that additional financial assistance from the City is required to make the project work. We ask that you consider: • Carrying the land acquisition costs or providing a loan to us for this, • Waiving park and trail fees, • Paying for relocation expenses,. • Paying for off-site trafk improvement costs, or • Other ways to reduce project costs and/or carrying costs. We are not set that any of these is necessarily the answer, but additional assistance is needed to make the project feasible for us. We hope to make the Cedar Grove project work, but we are prepared to work with you to part company amicably in the event it does not We believe the project could bea great one, but it.may not be the right project at this time. Sincerely, Brad Schafer President � /1 TO: FROM: DATE: City of Baan Yeo MAYOR GEAGAN AND CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR NOVEMBER S, 2006 SUBJECT: CEDAR AOVOREODEVELLOPMENT AGREEMENT UPDATE REQUEST FRI�CTI. The purpose of this memo is to outline the status of the Cedar Grove Core Area Development Agreement between the City and the Cedar Grove Redevelopment Corporation, the Schafer Richardson partnership that was fomied to ad as the master developer for the core area of the Cedar Grove Redevelopment District Overview This matter is before the City Council and EDA at this time for several reasons: • The developer has not submitted Phase I Plans by the October 23, 2006 deadline prescribed in the amended development agreement and it is necessary for the City to determine how to proceed in light of that circumstance. • Market conditions have sh ted since the development agreement and preliminary concept plan were approved in January, 2006, which has diminished the market supportability of the approved mix and density of uses. In particular, the market for new suburban condominiums, which made up a substantial segment of the preliminary concept plan,. has flattened. Despite'the fad that City staff and the developer have worked to refine the assumptions projected for the redevelopment, the financial proforma for the project retains a financing gap of $2 million to $3 million. The analysis presumes that the core area project will be self-financing through TIF, with the exception. of the City's obligation to use resources from elsewhere to cover costs such as environmental remediation, affordable housing and prior transportation improvements. The refinement of some assumptions reduce the gap, but they are offset by the inability to assure the number and timing of construction of the condominium units. Since the number and density of this housing type represented a substantial amount of the new tax base in the revenue /C-0— assumptions, it will be necessary to consider alternatives to fill the gap. These may be in the form of additional public capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial commitment to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other activities. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the, Keystone and Nicola Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocated within the area anticipating the mixed use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general concepts defined for the area, namely a mixture. of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspaoe and structured parking, where necessary to support necessary development densities. In order for the project to be market supportable, however, it appears necessary to consider land use alternatives outlined below to complement or supplement these new urban elements. While a further alternative would be to consider a more dramatic shift to a.different mix of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical,limits of the current traffic Improvements and the proximity of the future Cedar Avenue BRT that will support and benefit from higher density residential development Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would need to be market supportable. For the . project to be successful in the future, the vision for the area will need to be clear enough to assure its quality, but flexible enough to incorporate those.specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. New condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project is not market supportable at this time. ;? 73 assumptions, it will be necessary to consider alternatives to fill the gap. These may be in the form of additional public capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial commitment to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other activities. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the Keystone and Nicola Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocated within the area anticipating the mixed use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general ooncepts defined for the area, namely a mixture. of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspace and structured parking, where necessary to support necessary development densities. In order for the project to be market supportable, however, it appears necessary to consider land use alternatives outlined below to complement or supplement these new urban elements. While a further alternative would be to consider a more dramatic shift to a different mix of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical limits of the current traffic Improvements and the proximity of the future Cedar Avenue BRT that will support and benefit from higher density residential development. . Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would need to be market supportable. For the project to be successful in the future, the vision for the area will need to be clear enough to assure its quality, but flexible enough to incorporate those specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. New condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project is not market supportable at this time. p� �r funds to close the gap, in the absence of those plans, or to provide other direction with respect to the redevelopment of the Cedar Grove Area. EDAICouncll Di on Alternatives for direction are outlined in the cover memo for this business item. Understanding that market support does not currently exist for a development concept that relies heavily on condominium development, it is clear that it is necessary to identify an alternative concept plan to form the basis of the redevelopment activity and move forward with implementation of the next phases of the project The issue is how best to accomplish that, whether in partnership with Schafer Richardson or by pursing other development partners for the project Regardless of the direction chosen, the following factors are important to note. • The City now owns more than half of the property within the redevelopment district • The . Council has given general direction to continue to acquire the remainder of the properties in the core area. • A substantial number of businesses associated with those properties have been successfully relocated and others are in the process of pursuing relocation options. • While the downturn in the condominium market presents a challenge, the emergence of market demand in a number of other sectors offers options for alternative approaches to the redevelopment of the area. If the Council determines to move forward with Schafer Richardson, it will be necessary to provide specific relative to challenge described in the Concept Plan and Phase I Site Plan discussion above. If the Council considers an alternative to part company with Schafer Richardson, it will be necessary to pursue another development partner or partners in the immediate future. unity Development Director Cc: Gene VanOverbeke, Director of Administrative Services 7J Eow—fl DESCRIPTION OF PROPERTY The properly is the property descrIed and outlined as Cedar Grove Properties Development Area on the attached map, and located in the City of Eagan, Section 19, Township 27, Range 23. 7/:;o Agenda Memo Eagan Economic Development Authority Meeting December 19, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE GRAND SLAM OCCUPANCY AGREEMENT - - - - ACTION TO BE CONSIDERED: To accept an occupancy proposal from Grand Slam for the business' continued occupancy at the Cedarvale Mall, to approve occupancy until June 30, 2007 and direct staff to prepare an agreement to provide for the business to pay rent and utilities from January 1, 2007 to the end of the occupancy period. 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 for the area The City acquired the Cedarvale Mall on September 1, 2006. Since that time, the City has actively assisted mall tenants in relocating their businesses. The City has given notice to tenants of the need to relocate or finalize plans for relocation by December 31, 2006. At the present time, all but three of the tenants have completed their relocation. One additional business is expected to relocate to Silver Bell Center later in December or in early January. • One of the two remaining businesses, Grand Slam, is planning its move to a new tenant space in Burnsville. That space is expected to be available to the business in May or June of 2007. As a consequence, Grand Slam is requesting consideration of an occupancy agreement to remain in its current location until that time. The agreement would require that the business to pay its own costs of utilities and that rent payments be addressed as part of the relocation mediation that has been proposed by the City Attorney's office to resolve outstanding claims. • The decision by Schafer Richardson to not proceed with redevelopment of the area under its development agreement means that the timeframe for demolition of the Mall can be postponed to accommodate this request. The proposal has been reviewed by the City Attomey and staff and is in order for consideration by the EDA and City Council at this time. ATTACHMENTS: • Occupancy proposal on pages W2�9— -28/ MIMA MoYAW 12.12-2006 00:08PM FROHM MER GILLEN MILLER PA I.EVANDER, GILLEN & MILLER, P.A. ATTOWEYS AT t.Aw EftaWlAd In I W December 12, 2006 Robert B. Bauer, Esq. Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 1470 Street Suite 600 Apple Valley, MN 55124 601 440 T864 T-814 P.002/004 F -OTS VIA FACSEWHZ AND U.S. MAIL ta>Gas.cwLrsa MUOT lvJ. nw= DAM19L 1. MRSON 1oauN6rFt J.11nN1,F �srsPNaN9L>aocr9tart -p1YP.TCA aVACH ANWAhLU=AUANN '400R1NS L LAND ANNCD'R1 MY "WALD L HOW DAWY M r0UCKM HAR=Lw"oeA :910-199: AAflA RMUL t ' 1919.3003 wOARAM MjNMAUWWA M IMMADMO MOKMMM RE: City of Eagan, City of Eagan Economic Development Authority, Cedar Grove Properdes, Inc., Cedar Grove Properties, LLC and Schaefer Richardson (%° Qr- Daveiopern v Grand Slam Sports, Southeast Entertainment XWerprises, Inc. and John VanderAorde - Condemnation Our File No. 20716.00000 Court File No. CX -06-8049 Dear Mr. Bauer: This ]enter follows ournumerous telephone conversations, w well as fape-wface meeting, inwhich I have requested on behalf of John VandaAmde and Grand Slam Sports cxtenaion of Grand Slam's o=upmOy ofits leasehold pternises in the Cedarvale Man Som January i, 2007, through June 30, 2007. in mtdcipation ofihe district count ordered condemnation quick udwtransfer oftwoandposaession, Grand Shim, togWwwithEPH Company, submitted a developmentplan for construction of anew Acility west of CSAH 5 and south of CSAR 42 in the City of Burnsville. Grand Slam and EPs Company expectedbo receive final City approval and start construction inNovemberhowever, in an unanticipated turn of events in early November, the Burnsville City Council denied Final development approval and seat Grand Slam sctamblmg to find an alternative business relocation development site., Grand Slam has 0099aued In Work with EFH Cody, as Well as the City of Burnsville and identified a new site tar development of its replacement facility at the approximate location of Highway 73 and Mconet Avenue. No rezoning is nommy f r development: however, a conditional use permit (CUP) is required by rho City of Burnsville to paadt Grand Slam to start 6)j sourn coamoan wrxwr - surra 400 • swm OAwPmn ms nTA S u7s , 6p -4;x -as, • nx 6p'4fD'r 0787Ca Af80IAGT8D 0-i wrBC00iSIN A wWw.L6VMID8B.nnOR ' 4� 79 12-12-2000 05s00FM FIUMEVNRDER GILLEN MILLER PA 001 400 1804 T-814 P-ODIA04 F -ON Robert B. Bauer, Esq. Pap 2 December 12.2006 c nstnotion. Grand Slam and EPH Company subs the formal application for development approval and CLIP to the City of BwTw ills on Dem 5, 2006. Based upon an expedited 60 day review and approval process, the earliest that Grand Slam will be granted final approval for developmeotof9u replacement faafiityisthefirst we*ofFebruary2007. Assuming that the application proceeds smoothly and feral approval is granted by the City of Burnsville in arty February, EF'H Company and (band Slam will break ground between mid- February and March 1. 2007. EEIH Companyhas advised Mr. VamderAwde that construction will take 120 days to occupancy. Tl=vforq in order to maintain Grand Slam's continuous business operations, as wall as avoid substantial business loss and going concern claims far business intenvptioa,Grand Stan requests that the SaganRDA pa ad Grand Sian to continue tooccupyits leased practises through June 30, 2007. Given the present uncertain status of the proposed Ceder Grove redeveloptnem and master developer, the continued occupancy by Grand Simn will not interfere with any immediate plane for TodevelopmentoftheCedervaleShoppingMall.Itisour dbngthatatitxexistirhgtetrantaof the Cedarvale Stropping Mall have been afforded afmilm consideration- Le. continued occupancy provided *d the tenants contimre to pay base rent plus utilities dining any period of eontimred occupancy. Th=fot e, Grand Slam proposes to pay its base rant of $6,181 for the mouth of January 2007, togetherwithdirwtpeymmttofitsaeparatelymeteredutilityexpeosas. Grand Slam hrther agrees to enter mediation with the Eagan EDA, along with the laadlorMeveloper, in the mcwha of)snuary and Febtuaryto attenptwraaveshort ofcond=netonUdpthmanionearelaftgto: 1) psymew offaU justcompmudmforOrand Slam'a fixturt;sandtradefixnnas taken, deprecisud ordeatwyed as aresult oftbe condemnation takbrg; 2) payment ofallreloeaton assiatanco to which Orad Slam maybe entitled;3)aondmredaxupaacyofthep ernisesmmilamdtablereplecamcutfhe itycanbe constmctattof&dHtatareloce6onofOrandSlam'scrosd uousbnsinmoperation;4)tbeemouatof rent, if any, that Grand Slam should be obligated to pay the Eagan EDA during tre mombs of Februarythroneft3 ne30,2007.-the anticipated dateofGmndShmr'srelocationtoitsnewutility; amt 5) payment of Grand Slam's loss of business claim. 12-12.2000 OWN FROM-LEVANDER OILLEN MILLER PA 081 400 7004 T-814 P.004ft FOTO Robert B. Bauer, EK. Page 3 December 12, 2006 In summary, John Va xWAwde and Grand Siam Sports hereby request that the Eagan. SDA allow continued ompancy of tate leasehold premises in the Coda -Me Mall &on& June 30, 2007, as airwru c_ John VandeCiiar4 President Southeast Entertainment Enterprises, Inc. dlbla Grand Slam Sports Jon Hoheosteuy Community Development Director DeAd Item Seq. Dan Wilson, Acquisition & Relocation Cous t ltant Agenda Information Memo Eagan Economic Development Authority Meeting December 19, 2006 F. OTHER BUSINESS _ There is no other business to come before the EDA at this time. zl 1 J;►IUl_ ►M ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 19, 2006 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY CITY ADMINISTRATOR There are no items at this time. PUBLIC WORKS • There are no items at this time. is COMMUNITY DEVELOPMENT Item 2. 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 ZN through M , staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. Item 3. Development / Construction Activity — Per the Council's request, Community Development staff will provide bi-weekly updates of ' -olarger development and construction 1 activity. The current update is enclosed on page . 2$3 • City of Earn Is TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 15, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District st.. Msster Developer Agreement — The termination of the Schafer Richardson Development kVeement is being considered on the EDA Agenda on December 19. • Cedarvale Mall Tenant Relocation — Since the City took possession of the mall on September 1, 2006, tenant relocation continues to move forward. Relocation has occurred or is scheduled for all tenants except Grand Slam and Lifespan. Discussions continue with both and they have indicated that they have located relocation opportunities in Burnsville that they expect to be available in the summer of 2007. Demolition of the mall will be scheduled after those relocation plans are finalized. • Silver Bell Center Remodeling — In addition to the relocation of Cedarvale Barbers, Mike's . Shoe Repair, Cedarvale Tailors and Burton's Frame Shop to Silver Bell Center, the property owner has begun an upgrade of the property's exterior to complement other properties in the redevelopment districL • _ Acquisition and Relocation Plans — Staff and the City Attorney have reached an agreement with Ellingson and Associates to acquire that property. The City has received and is in the process of reviewing an appraisal from Steve Martin, owner of the former Mr. Steak property. Staff is in discussions with the owners of the Mediterranean Cruise, Sinclair Station and Kelly Plourde Sales for possible acquisition of those properties. The petition for the City to acquire All American Recreation has been signed by the court and the City will take possession after the fust of the year. Staff and the City Attorney are negotiating the occupancy agreement with the business at this time. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. • Transit Update — The City Council approved the concept plan for the phased implementation of the Cedar Grove Transit Station approved by the Council at its meeting on November 11. Northeast Eaean Redevelopment District • McGough Office Project — The City Attorney's office has made appraisal based offers for the four remaining properties in the Blue Gentian area and is in discussions with the owner's representatives for their acquisition in advance of an eminent domain action. • Hwy 55 Parcels — DART has submitted a preliminary application for financing assistance and has submitted a draft concept plan for consideration by the City Council and EDA at the workshop on January 9, 2007. A project must be pursued in the next seven months before the five year role is reached. • • Grand Oaks Development — Construction is complete on first office building, retail center and bank building. Construction is nearing completion on the Grand Oak 11 office building on the former site of the TMH building. • TM Relocation Assistance Appeal — The hearing officer has held a conference call with • T1v11 and City representatives and has communicated expectations for a presentation of claims and a hearing in January or February of 2007. Southeast E oan Renovation and Renewal District • Following approval of the subdivision of Red Pine Crossing, the City submitted the request to Dakota County for certification of the District. Ehlers and Associates is reviewing updated financials in anticipation of negotiations of a development agreement with Revestors relative to assistance with extraordinary costs associated with the first phase of the project. 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 11 C • . * City of Bain Yeo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: December 18, 2006 SUBJECT: DevelopmentlConstruction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address Business Name/Type Valuation Tvpe 2750 Eagandale Blvd Coca Cola 159,000 Comm Impr • Development Update ➢ Planning staff recently attended a meeting at the LMC offices to discuss Metropolitan Council density calculations proposed to be applied with the 2008 Comprehensive Plan Update. Information in this regard will be provided as it becomes available. ➢ Planning staff also recently met with Manley Development regarding their property located at the southwest comer of Pilot Knob Road and Buffet Way. As the Council will recall, a La Quinta Hotel was approved earlier this year but that deal did not come to fruition and Manley is now looking at other development opportunities for the site. 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. 280 a rPapmW-axrrae ftpoft t«M12/1&M City of Eajan ma TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 18, 2006 SUBJECT: ADDITIONAL INFORMATION / DECEMBER 19, 2006 CITY COUNCIL MEETING There are no additional information / attachments for the regular City Council meeting agenda. Skinn CUP • Mr. Richard Skinn had a Conditional Use Permit (CUP) heard by the Council at their regular meeting held on December 4, 2006. The item was continued to the February 6, 2007 City Council meeting and Mr. Skinn was encouraged to consider applying for an Interim Use Permit. Mr. Skinn will be at tomorrow night's meeting to approach the Council under Visitor's To Be Heard to request the Council consider his CUP before February. A letter summarizing his request is attached on page 6A . Also refer to page 6 for a review of the December 4, 2006 City Council Minutes. Economic Development Authority Old Business Item I - CEDAR GROVE REDEVELOPMENT DISTRICT — Termination of Core Area Development Agreement with Schafer Richardson — Staff has received �a copy of the Termination M Agreement, executed by Schafer Richardson, enclosed as pages f. �n through 2.jyb Approval of the termination agreement is in order at the Council's discretion. /s/ Thomas L. Hedges • City Administrator • Richard W. Skinn 9330 Elliot Ave. S. Bloomington, MN 55420-3854 December 7, 2006 Sarah Schield City of Eagan Planner 3830 Pilot Knob Road Eagan, MN 55122-1810 To the City of Eagan Council, RECEIVED DEC 0 8 2006 This is a request to re-evaluate a Conditional Use Permit and Variance for 4890 Biscayne Ave. on Lot 1, Block 2, Halley's 1'` Addition. Wensmans Homes, 4870 Biscayne Ave., has received a CUP approval. As the City Council mentioned, buyer beware. It is considered industrial property, which pays high property taxes. • The noise complaint was made by one person, Brent at 545 Spruce St., who did not provide proof. The minimum noise made is far less than the Gun Club, to which Brent belongs. A 6' high privacy fence will be constructed in cooperation with Wensmans Homes to provide a uniform look. The Planning Commission recommended approval for a CUP and Variance for 4890 Biscayne Ave. Sierra Metals informed the Eagan City Council that no outdoor work will be performed. Also the hours of operation will not begin before 8 AM. Sierra Metals has been doing business in Eagan for over six years. They need outdoor storage to continue doing business. Their use has not changed. Suddenly there is a need for a CUP to do the same business they have always done. There isn't any expansion, just their normal outdoor storage of steel. The vacated right of way from Gun Club Road (117d' Street) is being replatted into a single parcel, which will be returned to Mr. Skinn. Thank you for reconsidering and granting approval. • Richard W.Skinn 01 0 THIS TERMINATION OF DEVELOPMENT AGREEMENT ("Agreement') is made this day of 2006, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Mitmesota municipal corporation (the "EDA'); CITY OF EAGAN, a Minnesota municipal corporation (the "City'); and CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation (the "Master Developer'). The EDA, City • and Master Developer are hereinafter collectively referred to as the "Parties." WHEREAS, the Parties entered into a Development Agreement dated January 17, 2006; • a Supplement to the Development Agreement dated January 17, 2006; a First Amendment to the Development Agreement dated May 16, 2006; and a Second Amendment to the Development Agreement dated July 18, 2006 (collectively the "Development Agreement') relating to Tax Increment Financing District No. 1; and WHEREAS, the Parties desire to terminate the Development Agreement and release each other from any further obligations under the Development Agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Master Developer, the Parties hereby covenant and agree as follows: 1. TgRmi rATroN of DEvELormENT AGRm4ENr. The Parties hereby agree that the Development Agreement is hereby terminated in all respects and each party is hereby relieved of any further rights or obligations under the Development Agreement. Z -fl A EAGAN ECONOMIC DEVELOPMENT • AUTHORITY, a Minnesota municipal corporation By Pat Geagan Its: President Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By Pat Mayor a• Its: Mayoryor By Maria Petersen Its: City Clerk CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation By Its L� Z115 • STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this_ day of 2006 by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )as COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this_ day of 2006 by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the • municipal corporation. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The f ego' �r t was acknowledgedore m'Ae this [ day Of. 2006 by the of of Cedar Grove Development Corp., shonnesota oration, on behalf of the corporation. @EMARY�WAN90N sab6m�o}1u:obn Vd72D10 THIS INSTRUMENT WAS DRAFTED BY: • SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-23508) 4 • 2,11D AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING December 4, 2006 6:30 P.M. - I. — ROLL CALL & PLEDGE OF -ALLEGIANCE IL ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) RECOGNITIONS & PRESENTATIONS CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS D. APPROVE July 1, 2006 to July 1, 2007 General Insurance Renewal E. APPROVE 2007 General Legal Services Hourly Rates F. APPROVE 2007 license Renewals for Pet Shops and Kennels G. APPROVE 2007 License Renewal for a Pigeon License for Eric Drenckhahn, 2811 Pilot Knob Rd. H. ADOPTION of Resolution to Submit the 2007 Community Development Block Grant Application to the Dakota County Community Development Agency I. APPROVE Extension for Recording the Final Plat of Red Pine Crossing J. APPROVE a Resolution in Support of Adding the Biothera Property to the Bio -Zone Application for Dakota and Goodhue Counties K. APPROVE Joint Powers Agreement with Inver Grove Heights for Contract 06-01 (TH 149 Upgrade—Street and Utility Improvements) L. ACCEPT Wetland Delineation, Waters Annex M. RECEIVE Feasibility Report and Schedule Public Hearing (January 2, 2007) for Proj ' Joyce Court — Street Overlay) N. RECEIVE Feasibility Report and Schedule Public Hearing (January 2, 2007) for Project 945, (Sheffield Addition — Street Overlay) O. RECEIVE Feasibility Report and Schedule Public Hearing (January 2, 2007) for Project 947, (Fawn Ridge 1" and 2nd Additions — Street Overlay) P. APPROVE Easement Agreement for Parcel 10-30601-050-00, Project 778 (TH 149) Q. APPROVE Cost Participation Agreement with Dakota County (Yankee Doodle Rd— Corridor & Access Management Study) R. APPROVE Final Payment for Contract 05-03, Well #21 (Development & Pumping Equipment) S. APPROVE Renewal of Heart Healthy Living Program Agreement for Eagan Community Center T. APPROVE Lease with Burnsville Eagan Community Television U. APPROVE Resolution regarding Policies and Procedures Governing the Receipt and; Review of Applications for Additional Cable Franchises V. APPROVE Resolution Stating Opposition to Legislative Proposals that Remove Cable Television System Build -Out Provisions From Chapter 238 of Minnesota State Law W. APPROVE Extension for recording the final plat of Oakview Center 2nd Addition X. AUTHORIZE Preparation of Feasibility Report for Project 950 (Opperman Drive & TH 149 -Intersection Reconfiguration PUBLIC HEARINGS A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2007 — TRUTH IN TAXATION HEARING B. EASEMENT VACATION — Vacate Public Drainage and Utility Easement (Lot 1, Block 1, Centennial Ridge 2nd Addition — Lena Court) C. EASEMENT VACATION — Vacate Public Drainage and Utility Easement (Lots 1 and 2, Block 1, Silicon Graphics 1" Addition) D. PROJECT 776, Final Assessment Hearing, Yankee Doodle Road (Street Improvements) E. PROJECT 877, Final Assessment Hearing, Lexington Avenue (TH 55 — Lone Oak Road) F: PROJECT 928, Final Assessment Hearing, AlexanderRoad / Meadowview Road (Street Improvements) VI. OLD BUSINESS VII. NEW BUSINESS P, Ioz. A. P.13Z C. CONDITIONAL USE PERMIT and VARIANCE — Sierra Metals, Inc. — Richard Skinn — A Conditional Use Permit to allow outdoor storage of oversized steel and a recycling container and a Variance from the required setbacks located at 4890 Biscayne Avenue on Lot 1, Block 2, Halley's 1" Addition. CONDITIONAL USE PERMIT and VARIANCE — Wensmann Homes — A Conditional Use Permit to allow outdoor storage of a fuel tank and a Variance from the required setbacks located at 4870 Biscayne Avenue on Lot 3, Block 2, Halley's 1" Addition. ORDINANCE AMENDMENT — City of Eagan — An Ordinance Amendment to Chapter 11, Subd. 11.70 in regards to signage constructed / erected without permit. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda I► �! IL f (� C. Approve Minutes D. Old Business Q 115 I. CEDAR GROVE REDEVELOPMENT DISTRICT — Direction regarding the Core Area Redevelopment Agreement with Schafer Richardson. E. New Business F. Other Business v� 15 -7 GG. Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XHI. 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 Eajan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 19 2006 SUBJECT: AGENDA INFORMATION FOR DECEMBER 49 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 4, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 4, 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 furtherdetail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE NIINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 21, 2006 regular City Council meeting and November 21, 2006 Special City Council meeting as presented or modified. ATTACHMENTS: • M,1'nutes of the November 21, 2006 regular City Council meeting are enclosed on pages �%5 through • Minutes of the November 21, 2006 Special City Council meeting are enclosed on pages 7 through ___L. MINUTES OF A REGULAR MEETING OF THE AN EAGAN CITY COUNCIL /� Eagan, Minnesota November 21, 2006 A Listening Session was held prior to the regular City Council meeting on November 21, 2006 in the Eagan Room. David Domack, Dick's Sanitation, discussed a request for a temporary variance from the trash pick up schedule in order to accommodate a client that has requested single sort recycling service. After discussion with staff, Council directed that an ordinance amendment that would address such a request be drafted and presented for future review. It was also suggested that an informational meeting be held with other licensed haulers. Representatives of MICAH were present. Barbara Brooks, member of the Board for MICAH made a presentation recognizing the efforts of the City of Eagan in regard to affordable housing. A regular meeting of the Eagan City Council was held on November 21, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Fields, Tilley, and Maguire. Councibnember Carlson served as Acting Mayor in the absence of Mayor Geagan. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Bob Bauer, Assistant City Engineer John Gorder, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Tom announced that a closed session would be held after the regular meeting. Councilmember Fields moved, Councihnember Maguire seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATIONS Deputy Clerk Pepper administered the Oath of Office to newly hired Police Officers David Streefland and Mark Kritzeck. CONSENT AGENDA Councihnember Tilley moved, Councihnember Maguire seconded a motion to approve the consent agenda as amended. Aye:4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 9, 2006 regular City Council meeting as presented B. Personnel Items. 1. It was recommended to approve the promotion of Roger New from Police Sergeant to Lieutenant. 2. It was recommended to approve the promotion of Steve Bolluyt from Police Detective to Sergeant. 3. It was recommended to approve the retention of Blue Cross / Blue Shield as the City's health insurance provider for calendar year 2007. 4. It was recommended to approve the retention of Delta Dental as the City's dental insurance provider for calendar year 2007. 5. It was recommended to approve the retention of America's VEBA Solutions to perform the administration services for operation of the High Deductible/VEBA insurance plan and to administer the City's flexible spending plan for calendar year 2007. C. Check Registers. It was recommended to ratify the check registers dated November 9, 2006 and November 16, 2006 as presented D. Purchasing Cards It was recommended to authorize the City Treasurer to complete application to US Bank for issuance of One Card VISA purchasing (credit) cards. E. Community Landfill Abatement Funds. It was recommended to approve the submission of the 2007 Funding Application from Dakota County to operate a Recycling Program for the cities of Eagan, Apple Valley and Burnsville. 3 Eagan City Council Meeting Minute's November 21, 2006 Page 2 ®RAFT F. Premise Permit. It was recommended to approve the Premise Permit renewals for Mendota Heights — -- Athletic Association to conduct pull -tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda de Los Lobos, 3665 Sibley Memorial Highway. G. Premise Permit. It was recommended to approve a Premise Permit for the Burnsville Hockey Club to conduct pull -tab operations at Timeout Restaurant and Sports Bar, 2864 Highway 55. H. Proiect 946. It was recommended to receive the Draft Feasibility Report for Project 946, Thomas Center Drive — Street Improvements / Thomas Lake Road Trail Improvements and schedule a public hearing to be held on December 19, 2006. I. Proiect 948. It was recommended to receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. J. Project 949. It was recommended to receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. K. Proiect 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-22465-030-01 and authorize the Mayor and City Clerk to execute all related documents. L. Park Dedication Fees. It was recommended to approve an amendment to the method of calculating Park Dedication for Commercial/Industrial developments, consistent with recent Legislation. M. Liquor License Renewals. It was recommended to approve the renewals of existing liquor licenses for 2007, subject to review of applications, payment of fees and Police Department reviews. PUBLIC HEARINGS PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 ASSESSMENT PUBLIC HEARING . This item was rescheduled for December 4, 2006. PROJECT 942, DEERWOOD DRIVE (BLACKHAWK TO PILOT KNOB ROAD) STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Deerwood Drive, Blackhawk Road to Pilot Knob Road. Assistant City Engineer Gorder gave a staff report. Acting Mayor Carlson opened the public hearing. Two area residents expressed concern over the volume and speed of traffic, and construction traffic on Deerwood Drive. There being no further public comment, Acting Mayor Carlson closed the public hearing and turned discussion back to the Council. Councihnembers discussed and agreed on the use of electronic speed signs and a 30 foot choker to slow traffic. Councibnember Fields moved, Councilmember Tilley seconded a motion to approve Project 942 (Deerwood Drive, Blackhawk Road to Pilot Knob Road — Street Improvements) and authorize the preparation of detailed plans and specifications. Aye:4 Nay: 0 PROJECT 943, WESCOTT ROAD (PILOT KNOB ROAD TO DENMARK AVENUE) . STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Wescott Road, Pilot Knob Road to Denmark Avenue. Assistant City Engineer Gorder gave a staff report. Acting Mayor Carlson opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes November 21, 2006 Page 3 ®RAF r Councibnember Tilley moved, Councilmember Fields seconded a motion to approve Project 943 (Wescott Road, Pilot Knob Road to Denmark Avenue — Street Improvements) and authorize the preparation of detailed plans and specifications. Aye:4 Nay:0 OLD BUSINESS RECEIVE AND APPROVE THE PATRICK EAGAN PARK MASTER PLAN City Administrator Hedges discussed this item regarding the Master Plan for Patrick Eagan Park. Parks and Recreation Director Johnson made a presentation regarding the plan. Council stated, and requested that it be recorded in the minutes, that they want Patrick Eagan Park to remain a natural park. Councilydember Fields moved, Councilmember Tilley seconded a motion to receive and approve the Patrick Eagan Park Master Plan. Aye: 4 Nay: 0 NEW BUSINESS PRELIMINARY SUBDMSION (DEWITT ADDITION)—RICHARD DEWITT City Administrator Hedges introduced this item regarding a preliminary subdivision of 0.69 acres to create two single family lots for property located at 2804 Vilas Lane. City Planner Ridley gave a staff report. City Attorney Bauer discussed the obligation of Council to approve applications that meet all the criteria outlined in the City Code. Richard Dewitt, applicant, discussed the proposed subdivision. He also noted that a covenant for the development had expired. Three area property owners expressed their opposition to the proposed subdivision. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision of 0.69 acres to create two single family lots for property located at 2804 Vilas Lane in the NW 'h of Section 3, subject to.the following conditions: Aye: 4 Nay: 0 1. The property shall be platted. 2. This development shall be responsible for a cash park dedication. 3. This development shall be responsible for a cash trails dedication. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 6. Grading for the house construction on Lot 2 shall be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). 7. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. ORDINANCE AMENDMENT CITY OF EAGAN City Administrator Hedges introduced this item regarding proposed modifications to Chapter 1 I regarding window signage. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve modifications to Chapter 11 as it affects window signage (with 20% maximum window coverage) and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 4 Nay: 0 5 Eagan City Council Meeting Minutes ®R q F November 21, 2006 • ` i� Page 4 - -- - - LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. ADMINISTRATIVE AGENDA Councihnember Maguire moved, Councihnember Tilley seconded a motion to reschedule the December 11, 2006 Council retreat to time to be determined. VISITORS TO BE HEARD Several residents of Inver Grove Heights requested that a barricade at White Pine Way be removed, at least temporarily until construction in the area resumes. Councihmembers indicated they had made a commitment to Eagan residents in that area to keep the barricade in place until 75 percent of the homes are owner occupied. They 5uther stated they would reconsider the matter if the Eagan residents notified the Council that they were interested in having the barricade removed. Councihmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:50 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 MEETING NOVEMBER 21, 2006 4:00 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Acting Mayor Carlson, Councilmembers Fields, Maguire, and Tilley. Mayor Geagan was absent due to being hospitalized for scheduled surgery. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert, Director. of Parks and Recreation Johnson, and Fire Chief Scott. I. ROLL CALL AND AGENDA ADOPTION Acting Mayor Carlson called the meeting to order. Councilmember Tilley moved; Councilmember Maguire seconded a motion to adopt the agenda reversing the order of Agenda item Ill, Yankee Doodle Road Access Management Study — Options and Preferred Alternative Presentation, and Agenda item IV, Community Development Block Grant Allocation for 2007. Aye: 4; Nay: 0 H. VISITORS TO BE HEARD There were no visitors to be heard. IH. COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2007 City Administrator Hedges introduced this item and provided background on the City's participation in the Community Development Block Grant (CDBG) program with other cities through the Dakota County CDA. Director of Community Development Hohenstein explained the staff information noting that the CDBG application is due in mid-December for the fiscal year beginning July 1, 2007. He reported a tightening of the reporting obligations for HUD regarding eligibility criteria and the potentially onerous requirements related to certain uses. Director Hohenstein noted that seniors have an assumed eligibility so dollars used for senior programming are not subject to the same onerous reporting requirements regarding proof of eligibility. He outlined the staff recommended uses of the available funding of $214,500 as contained in the background material including $35,000 for senior programming and three line items related to the Cedar Grove Redevelopment; $102,000 for property acquisition, $27,500 for relocation, and $50,000 for demolition. Director Hohenstein informed the City Council about the relative ease of later transferring dollars among budgeted accounts as minor amendments compared to the more difficult process of a major amendment if dollars are shifted to new activities. He also explained how certain of the requirements and cash flow mechanics related to low and moderate income eligibility would be addressed as redevelopment proceeds in Cedar Grove. The City Council questioned and discussed budgeting the use of $35,000 to provide additional services/programming to seniors at the Eagan Community Center. Director of Parks and Recreation Johnson noted that the proposal is an expansion of senior programming beyond what is currently in place in an. attempt to meet the needs of a specific senior demographic that is currently not able to take advantage of the Community Center and today's available programming. The expanded service to seniors is also an element of the recently completed 20/20 Vision. This budget allocation would help provide start up dollars e.g. marketing and subsidize required break even pricing for class offerings until the specific programs became successful or were discontinued because they did not become self sufficient. CDBG dollars cannot be used as replacement funding for existing . programs. The City Council expressed concerns about subsidized start up programs that raise expectations and make subsequent elimination very problematic. The City Council reached a consensus to leave the CDBG budget proposal as presented by staff. The allocation to the senior programming is to be looked at as a pilot program, monitored and reported quarterly to the City Council, advertised with appropriate disclaimers noting the requirement of self sufficiency or it will be eliminated. Formal consideration of the CDBG budget is to be scheduled for action on the December 4, 2006 City Council Agenda. IV. YANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY — OPTIONS AND PREFERRED ALTERNATIVE PRESENTATIONONS City Administrator Hedges introduced this item and presented background information regarding the purpose of the study, steps that have taken place to date, and future activities that will ultimately result in County and City capital improvement programming to implement the necessary improvements. Director of Public Works Colbert outlined four items that were specific drivers in undertaking the study including: 1) projected traffic volumes on County Road 28, 2) increased crash rates, 3) potential additional development along the corridor; and 4) the required coordination of the County and City CIP programming. Director Colbert introduced Kristi Sebastian, Dakota County Traffic Engineer and Frank Loetterle of SRF Consulting Group Inc. as participants in the study and noted that they would present additional information. He further explained the three key principles of safety, mobility and accessibility behind the study recommendations and how they must be balanced to arrive at mutually acceptable solutions. Ms. Sebastian provided additional background and stated that the study group is preparing for the P public open house showing on December 7 at which time they will display the preferred alternatives for each of the three segments of the roadway. The segments are defined as: Denmark Avenue to Lexington Avenue (West Segment), Lexington Avenue to Mike Collins/Ivy Lane (Middle Segment) and Mike Collins/Ivy Lane to Dodd Road (East Segment). Mr. Loetterle explained the issues being experienced or likely to be experienced by the traveling public, options considered as potential solutions by the study team in each of the segments along with the advantages and disadvantages of each. He further explained the preferred alternate for each segment as arrived at by the project study team. rnatives include the following: No access changes to intersection of Lexington Avenue and Yankee Doodle Road Widening of Yankee Doodle Road to 64anes throughout entire segment Signal phasing and intersection improvements at the intersection of Denmark Avenue and Yankee Doodle Road The study team preferred alternate is 2-W which includes the following: • At Yankee Place: o No left turns from Yankee Place to Yankee Doodle Road o Right turns in and out are allowed • At Promenade Avenue: o New two-phase traffic signal to control left turns on eastbound Yankee Doodle Road o Eastbound traffic does not stop at intersection o Westbound traffic must stop to allow eastbound left turns o Left turns from Yankee Doodle Road onto Promenade allowed, but left turns from Promenade onto Yankee Doodle Road restricted At O'Leary Lane: o Right turns in and out only allowed At Denmark Avenue and Town Center Drive: o Left turns restricted from southbound Denmark to eastbound Town Center Drove All alternatives include the following: • No access changes at the intersection of Lexington Avenue and Yankee Doodle Road • Widening of Yankee Doodle Road to 6 -lanes through the intersection of Lexington Avenue and Yankee Doodle Road • No access changes at Wescott Square The study team preferred alternate is 2-M which includes the following: • At Discovery/Golfview Drive: o No left turns from Discovery or Golfview to Yankee Doodle Road o No crossing Yankee Doodle Road between Discovery and Golfview o Right turn's in and out are allowed • At Columbia/Wescott Woodlands: o New traffic signal o New roadway constructed to connect Discovery Drive and Columbia Drive o New driveway access to industrial site * This alternative assumes a public road connection between Discovery Road and Columbia Drive. No specific alignment has been selected. Additional engineering studies are required to determine the exact location. A] All alternatives include the following: • The intersection of TH 149 (Dodd Road) and Yankee Doodle Road will remain as a full -- - : - access signalized intersection for each alternative The study team preferred alternate is a modified 2-E which now includes the following: • At Mike Collins/lvy Lane: o Right turns in and out from Ivy Lane and Mike Collins only are allowed • An extension of Borchert Lane from Mike Collins Drive to TH 149 • At Elrene Road: o New traffic signal to accommodate full turning movements • At existing Gopher Resources and Commons (LoNidy Addition) entrances: o Right turns in and out are allowed at north entrance o South entrance closed o Full access will be provided by a new road connecting south Gopher Commons (LoNidy Addition) to the new intersection at Elrene Road The City Council expressed concerns about traffic issues in the Promenade area where the private road accesses Denmark. Mr. Loetterle suggested that a site circulation study may be necessary to determine potential solutions, although intersection modifications and changes to the signal sequencing at Denmark and Yankee Doodle Road should help the current situation. Director Colbert noted future steps include the 3rd open house, discussion by the Dakota County Physical Development Committee, the City Council again on December 19, 2006 and the Dakota County Board next January. Any City comments should go to the Dakota County Physical Development Committee for their consideration. The desired outcome is for the City and County to agree on preferred alternatives for adoption and incorporation into future improvements. The City Council asked that future materials include larger graphics for only the preferred alternatives along with the key to define the map markings. It was explained that most public comments concern having less direct access to Yankee Doodle Road and a decrease in mobility on the roadway. The comments are all being considered in light of balancing the three parameters of safety, mobility, and accessibility. The assumptions used in the study project growth over a 20 year time horizon and incorporate the assumption that the ring road will be built. The Northwood Parkway Bridge over 35E is a key component of this planning and would also help the Denmark concerns discussed earlier. When Director Colbert asked if the City Council had any comments to forward to the County Board, the Council indicated an informal concurrence with the recommended alternatives (#2) for the Middle and East Segments and wanted to give more thought to the West Segment. Director Colbert explained that all exhibits are available on the Dakota County Website for public viewing: ice — V. DIFFLEY PEDESTRIAN TUNNEL City Administrator Hedges presented the background information and the request to add the item to the agenda for this meeting. He also noted the additional material that had been sent out on Monday providing additional information on consideration of this request by the APrC in the fall of 2005. The City Council discussed the changes in operation of the property and Art Park since the time -of the original tunnel agreement and today. After additional discussion including comments from Tony Caponi and Cary Felbab, Chairman of the Caponi Art Park Learning Center Board of Directors, further review of the request was directed to the City Council's Public Works Committee to develop costs/alternatives and recommendations for the full City Council. The City Council acknowledged certain problems and challenges with current operations, but expressed an interest in maintaining the public purpose aspects of the tunnel and access to the total park. The City Council also requested an aerial view of the site to help define existing trails and access. There was no other business. VI. OTHER BUSINESS VII. ADJOURNMENT At 5:38 p.m.Councilmember Fields moved; Councilmember Maguire seconded a motion to adjourn. Aye: 4; Nay: 0 Agenda Information Memo December 4, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Recreation Program Supervisor— ACTION TO BE CONSIDERED: To approve the hiring of Julie Anderson as a part-time recreation program supervisor effective January 1, 2007. Item 2. Part-time Clerical Tech HI/Police— ACTION TO BE CONSIDERED: To approve the hiring of Elizabeth Bentson as a part-time Clerical Tech III in the Police Department. B. Item 1. Ratify Teamsters Maintenance Contract — ACTION TO BE CONSIDERED: The City and the Teamsters Maintenance Union have a tentative agreement for the 2007 labor contract. The contract is now prepared and ready for ratification. FACTS: ■ The Maintenance Collective Bargaining Unit met on November 15, 2006 to vote on the City's last best offer. The vote was affirmative to accept the City's offer for the 2007 Bargaining Agreement. It is now appropriate for the Council to formally approve the contract for 2007. The City offered the following: 1) Medical Insurance Reform for 2007 (see contract language for details). 2) With the Union accepting insurance reform, the City agreed to a 3.5% increase in wages from 2006 to 2007.3) With regard to compensatory time balance; the City agreed to allow the banked amount of compensatory time to increase from 40 hours to 48 hours. The accrual rates did not change, and per their contract, the 48 hours must be used by the end of the year or it will be automatically cashed. Agenda information Memo December 4, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 23, 2006 and November 30, 2006 as presented. ATTACHMENTS: • Check registers dated November 23, 2006 and November 30, 2006 are enclosed without page number. Agenda Information Memo December 4, 2006 D. APPROVE 7-1-06 TO 7-1-07 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7-1-06 to 7-1-07 FACTS: ➢ The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Mark Julik and Ann Stanton of Arthur J. Gallagher & Co., the City's insurance representative. ➢ General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. ➢ Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only one quote from the LMCIT to present to the City Council for consideration. ➢ The insurance renewal is being presented to Council five months into the renewal period due to LMCIT processing delays. Appropriate coverage was bound and has been maintained during the past five months. ➢ The total premium is up 2.8% from the prior year as shown below. Changes in premiums from the prior year result from a combination of rate changes and experience factors. A detailed explanation of changes is not included in this packet, but is available upon request from the City Administrator's office. Increase Coveraue 2006/2006 2006/2007 Amount Percent Property $ 119,149 $ 129,619 $ 10,470 8.8% Municipal Liability 196,083 196,687 604 0.30/6 Auto Liab & Damage 67,629 68,129 500 .0.7% Mobile Property 10,945 9,912 (1,033) -9.40/6 Blanket Bond 2,422 2,192 (230) -9.50/6 Petrofund " 794 - (794) -100.00/0 Open Meeting Law 2,716 2,755 39 1.40/6 Boiler & Machinery 13,705 15,821 2,116 15.4% AD&D - Firefighters 2,187 2,272 85 0.04 Total premiums $ 415,630 $ 427,387 $ 11,757 2.8% `The premium for Petrofund Liability is now included within the General Liability premium by the LMCIT. The coverage, basically related to spills or leakage from City owned tanks, does not change with the revised pricing arrangement. ATTACIIl"NTS (0) Agenda Information Memo December 4, 2006 Eagan City Council Meeting E. APPROVE 2007 GENERAL LEGAL SERVICES HOURLY RATES ACTION TO BE CONSIDERED: To approve the 2007 General Legal Services Hourly Rates. FACTS: Each year as part of the budgeting process consultant rates are reviewed and incorporated into the operating budgets. The 2007 General Legal Services Hourly Rates for work provided by the firm of Severson, Sheldon, Dougherty & Molenda, P.A. are proposed to increase by 3% from the 2006 rates. Utilization of these consulting services is monitored by staff and invoices are reviewed monthly. ATTACHMENTS: Enclosed on page � is a copy of the letter from the firm requesting the change in rates and summarizing the various billing categories. LARRY S. SEVERSON IAMBS R sH5,DON MICHABLO. DOU()HBRTY` MICHAEL & MOLENDA* LOREN M. SOLFEST `t SHARON K. HILLS ROEERT $. BAUIDI` TERRENCE A. MERRITrt November 15, 2006 SEVERSON,SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 60D 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124.75M (952)432-3136 TELEFA`x NUMBER (952) 432.3780 wwwxevem*nskldon.eom City of Eagan Atter: Tom Pepper, Chief Financial Officer 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Attorneys' Fees - 2007- Dear 007Dear Tom: AM49M M. MARGARIf STEPHEN A. LING` GARY L. HUUSKO KRLSTINE K. NOOOSEK CHRISTINE L CAWEL LWS* MICHAEL D. KL.EMM#` EMILY FOC Wn LIAMS MATTHEW L SCHAAP THOMAS R. DONELY JESSICA 4 SANBORN RYAN L BIBS We are requesting the following fees with respect to the work provided to the City by our offices for the year 2007. G� ant zmwd Paralegal Raft $75.50 $ 77.75 General Legal Work $124.00 $127.75 Development Work $190.50 $196.25 Council & APC Meetings $393.00 $404.75 Please note that the rate charged to applicants under Deposit Agreements and Development Projects needs to be adopted by City ordinance and therefore should be included in any rate adjustments to the City's fees for the year 2007. Please again express to the City Council and staff our sincere appreciation for the opportunity to provide legal services to the City. If you have any questions, please give me a call. G. MOD/jk cc: Tom Hedges, City Administrator INDIVIDUALATIORNM ALSOLICEIGED INIOWA, WISCONSIN. SOUM DAKOTA AND MISSOURI -MSBA BOARD CBRfQ4HD REAL PROPEM SPBMALIST I i,,�) Agenda Memo Regular City Council Meeting December 4, 2006 CONSENT AGENDA: F. 2007 License Renewals for Pet Shops and Kennels ACTION TO BE CONSIDERED: Approve 2007 kennel and pet shop license renewals subject to payment of fees and compliance with requirements of the application. FACTS: Pet Shop and Kennel Licenses run from January 1 to December 31 The following pet shop licenses are due for renewal in 2007: Wet World, 3390 Coachman Road Wal-Mart Store, 1360 Town Centre Drive Petsmart, Inc., 1297 Promenade Place The following kennel licenses are due for renewal in 2007: Four Paws Pet Resort, 4020 Old Sibley Memorial Highway Peanut's Place, 1248 Town Centre Drive Lesley Tscherne, 3812 Blackhawk Ridge Place Angel's Pet Sanctuary, 4940 Dodd Road ATTACHMENTS: None The applications are available for review in the Administration Department Agenda Memo- - _ Regular City Council Meeting December 4, 2006 CONSENT AGENDA: G. 2007 Pigeon License Renewal for Eric Drenckhahn, 2811 Pilot Knob Road ACTION TO BE CONSIDERED: Approve 2007 License to Harbor Carrier / Homing / Racing Pigeons for Eric Drenckhahn, 2811 Pilot Knob Road. FACTS: • Pigeon Licenses run from January 1 through December 31 • The only such license is held by Eric Drenckhahn and is due for renewal .. Mr. Drenckhahn was issued his original license October 17, 2006 • All requirements of the application have been met and staff recommends approval ATTACHMENTS: None The application is available for review in the Administration Department Agenda Information Memo December 4, 2006 Eagan City Council Meeting H. ACTION TO BE CONSIDERED: To adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2007 to the Dakota County Community Development Agency. FACTS: • The CDBG fiscal year begins July 1. The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet CDBG Program regulations. • Eagan's FY 2007 available funding amount will be approximately $214,500. • At its workshopmeeting of November 21, 2006, the City Council reviewed a range of options and gave direction to allocate $179,500 to property acquisition, relocation and demolition for blight removal activities and low and moderate income benefit in the Cedar Grove Redevelopment Area, and $35,000 to senior services. • The Dakota County CDA administers the CDBG program and will review and forward the City's desired funding allocations to HUD for approval. ATTACHMENTS: • 2007 CDBG Allocation Budget on page 20 • Resolution on page City of Eagan 2007 Proposed Community Development Block Grant Fund Budget Original Original Original Original Proposed udaet 03 Budaet 04 Budget 05 Budget 06 Budget 01 :edar Grove Redevelopment Cedar Grove Property Acquisition $231,418 $246,969 Relocation Demolition Swap with HOME Funds - Scattered Site CGD LMI $101,100 $151,000 $102,000 Slum/Blight $27,500 $27,500 $27,500 LMI $50,000 LMI $100,000 Youth and Family Development Services General Programming 10,904 11,000 10,900 $11,000 Camelian Park improvements $25,000 Senior Services $35,000 LMI Total $242,322 $257,969 $239,500 $214,500 $214,500 Total LMI $112,500 %LMI 52% Available Funding (Approximate) $214,500 A RESOLUTION APPROVING THE APPLICATION OF THE -- CITY -OF EAGAN, MN FOR FISCAL YEAR 2007 DAKOTA COUNTY .COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING WHEREAS, the City of Eagan, MN of is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2007 (ending June 30, 2008); and WHEREAS, the Dakota County CDA is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested FY07 CDBG applications to be submitted by December 15, 2006 based on a district formula allocation of. funds approved in the 1984 Community Development Implementation Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, MN hereby approves the following: 1. The FY07 CDBG application is approved by the City Council, and the City Administrator is authorized to execute it on behalf of the City of Eagan. 2. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf of the city, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. This resolution was adopted by vote of the on the _ day of 2006. [Mayor or Board Chair] Attested this day of [Title] Agenda Information Memo December 4, 2006, Eagan City Council Meeting I. EXTENSION NOH KL UU"UNls ruNeu, rL[t11 — ACTION TO BE CONSIDERED: To approve a 90 -day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE '/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on October 17, 2006. The plat is required to be recorded within 60 days of approval. ➢ The applicant has submitted a request for a 90 -day extension of the final plat approval. ➢ The current requested 90 -day extension would allow until March 16, 2007 for the plat to be recorded. ➢ The applicant has indicated they expect to begin construction in Spring 2007 and will not be closing on their loan until then. The letter of credit required by the City prior to recording the plat will be available following the loan closing. ATTACHMENTS (1): Letter from Tim Anderson, Revestors Companies, page 23 rim irrc'eSTOR:s. *,r>Ell ROJI6Ur5 November 13, 2006 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Red Pine Crossing — Final Subdivision Dear Pam, We understand the deadline for recording the final plat for the approved Red Pine Crossing subdivision is December 19, 2006. Since our Letter of Credit will be available following the loan closing and we don't plan to close the loan until we start construction in the spring, we are requesting a 90 -day extension for the final plat to be recorded at Dakota County. Enclosed is a check for the $75.00 extension fee. Please let me know if you have any questions. Best regards, Tim Anderson Cc: Quinn Hutson, CNH Architects . <nnn r„,:, ;v f ,,arl 42 \nrpst• Suite 7,00 Burnsviiie. 114N 553.37 Z5 Phone: 952.895.6111 cs rn i l s: 952.895.6900 _Agenda Information Memo Eagan City Council Meeting December 4, 2006 Consent Agenda L APPROVE A RESOLUTION IN SUPPORT OF ADDING THE BIOTHERA PROPERTY TO THE BIO -ZONE APPLICATION FOR DAKOTA AND GOODHUE COUNTIES. ACTION TO BE CONSIDERED: To Approve a Resolution in support of adding the Biothera property at 3388 Mike Collins Drive to the Bioscience Zone application from Dakota and Goodhue Counties. FACTS: ➢ At its meeting on September 26, 2006, the Eagan City Council approved a resolution supporting and identifying specific areas in the City of Eagan to be included in an application for a Bioscience Zone for properties in Dakota and Goodhue Counties. ➢ The application to establish a Bioscience Zone was prepared for submission to the Minnesota Department of Employment and Economic Development via Dakota Future and the City of Rosemount, with the Dakota County CDA as zone administrator. Designated properties in Eagan are considered a sub -zone to this application. ➢ The Eagan portion of the application included the Ecolab property and surrounding or adjacent vacant or underutilized properties located within the Hwy 55/Lone Oak Road area. ➢ Biothera is a recognized and growing biotechnology company located in Eagan who's primary focus is developing immunotherapy drugs that work together with other pharmaceuticals to enhance the treatment of cancer and infectious diseases. ➢ The State Department of Employment and Economic Development suggested that Biothera's property located at 3388 Mike Collins Drive should be included in Eagan's property designation list. ➢ The application requires a resolution from the City of Eagan supporting the addition of the Biothera property. ATTACHMENTS: Draft Resolution on page 25 Map of revised Eagan sub -zone properties on page 210 CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. WHEREAS The City of Eagan, at its meeting held on the 261h day of September, 2006 approved specific areas in the City of Eagan to be included in an application for a Biescience zone for properties in Dakota and Goodhue Counties and encouraged the Minnesota Department of Employment and Economic Development to approve the Bioscience Zone Application being submitted through Dakota Future by the City of Rosemount as applicant with the Dakota County CDA as zone administrator. WHEREAS Biothera is a recognized and growing biotechnology company located in Eagan who's primary focus is developing immunotherapy drugs that work together with other pharmaceuticals to enhance the treatment of cancer and infectious diseases. WHEREAS Biothera's property located at 3388 Mike Collins Drive was not included in the original property designation list in the Bioscience Zone application for Dakota and Goodhue Counties. THEREFORE, BE IT RESOLVED that the City of Eagan supports the addition of property located at 3388 Mike Collins Drive (Biothem Property) to the Dakota -Goodhue County Bioscience Zone application previously submitted by the City of Rosemount and Dakota Future on behalf of participating communities. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: 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 4th day of December, 2006. Maria Petersen, City Clerk 2.5 % i INVLK IL . .. . ....... - GR RIM �l f IYO s S V, 15 -1' A Rd WO Tr, ZUZ. ELM IF5 iF rry AW W, Ij others ParcelBI r A,. u T Gal Proposed Bioscience Zone Areas/PropertiesProposed Bioscience Zone Aress/ProPertles mmmommmiles City of Eagan -Revised 11-17-06 Agenda Information Memo December 4, 2006 Eagan City Council Meeting ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement for Project 778 (Trunk Highway 149 — Street Upgrade) with the City of Inver Grove Heights and authorize the Mayor and City Clerk 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 currently being reviewed and approved by MnDOT staff. The acquisition of right-of-way and easements from 42 properties is proceeding in anticipation of construction in 2007. Cost participation for the construction of Project 778 will include three public agencies; MnDOT, Eagan and Inver Grove Heights. The City of Eagan is the project lead agency for execution of the construction contract and related payments to the contractor. Therefore, it is necessary for the City to enter a Joint Powers Agreement with the City of Inver Grove Heights to receive payment from Inver Grove Height's for its share of the construction and easement acquisition costs. MnDOT has encumbered $2,161,800.00 for their contribution to the construction of Project 778. A portion of this sum, $494,150.00, has been designated to a segment of TH 149 within the limits of Inver Grove Heights. This agreement will allow Eagan, as the project lead agency, to manage this designated funding. An agreement between the City of Eagan, City of Inver Grove Heights and MnDOT for the construction and financing of Project 778 has been prepared which provides for the easement acquisition and contract management, including contractor payments, construction inspections and change orders. City staff have reviewed this agreement and found it to be similar to other cost participation and cooperative construction agreements and in order for favorable Council action. The Inver Grove Heights City Council approved the agreement at their regular Council meeting of Nov. 27, 2006. 27 Agenda Information Memo December 4, 2006 Eagan City Council Meeting L. WETLAND DELINEATION — WATERS ANNEX ACTION TO BE CONSIDERED: Receive and affirm the Wetland Delineation Report for the proposed Waters Annex development. FACTS: • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LOU) is responsible for wetland -related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. _ • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland -related decisions have resulted in administrative .procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A delineation report acceptable to the City in 2000 was submitted as part of a previous proposal on this parcel (i.e., Silicon Graphics) that was cancelled. • At its April 17, 2006 meeting, the Advisory Parks Commission recommended approval of an updated wetlands delineation report, pending its acceptability to the water -resources coordinator. • On May16, City Council approved a preliminary planned development and preliminary subdivision subject to the condition that the developer shall submit an updated wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. • On August 9, the City received a wetland delineation report from the developer (Alliant Engineering Proj. 4040110). The Water Resources Coordinator has field verified and confirmed the delineation in favor of approval. The wetland is not proposed to be impacted by draining, filling or excavation. E Agenda Information Memo December 4, 2006 Eagan City Council Meeting M PROJECT 944 KILLDEER ADDITION (JOYCE COURT) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 944, Killdeer Addition (Joyce Court — Street Improvements) and schedule a public hearing to be held on January 2, 2007. FACTS: • A structural mill and overlay of Killdeer Addition (Joyce Court), located in northeast Eagan is programmed for 2007.in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for this proposed improvement. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • .A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 2, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo December 4, 2006 Eagan City Council Meeting N PROJECT 945 SHEFFIELD ADDITION (SUDBERRY LANE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 945, Sheffield Addition (Sudberry Lane - Street Improvements) and schedule a public hearing to be held on January 2, 2007. FACTS: • A structural mill and overlay of Sheffield Addition (Sudberry Lane), located in southeast Eagan is programmed for 2007 in the City of Eagan's 5 -Year CIP (2007- 2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for this proposed improvement. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 2, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. CID Agenda Information Memo December 4, 2006 Eagan City Council Meeting O. PROJECT 947 FAWN RIDGE 1sT/ 2ND ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 947, (Fawn Ridge 1,,/ 2"d Additions - Street Improvements) and schedule a public hearing to be held on January 2, 2007. FACTS: • A structural mill and overlay of Fawn Ridge 15` & rd Additions, including the streets of Fawn Ridge Trail, Whitetail Way, Reindeer Lane, Caribou Lane, and a portion of North Hay Lake Road, located in southeast Eagan is programmed for 2007 in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for this proposed improvement. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 2, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo December 4, 2006 Eagan City Council Meeting Y PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-30601-050- 00 and authorize the Mayor and City Clerk. to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four - lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes 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. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the ponding and utility easements for this property initially indicated a value of about $243,000. An offer was accordingly forwarded to the property owners. The property owners responded by providing additional detailed information regarding the full impacts of the proposed pond construction activity to their property. The impacts included the loss of numerous trees and buffering of their industrial facility from adjacent properties. • The property owners intended use of the impacted property is to provide buffering of their heavy industrial building and activities from the adjacent properties (officetwarehouse and single-family residential). The proposed construction impacts requiring an easement would remove much of the existing and future screening per the plans. The owners have expressed a strong desire in maintaining and increasing this buffer of trees. • A review of the previous appraisal has indicated a likely increase in the resulting impact to the property due to the construction activity within the easements. The appraiser has suggested a revised offer of $262,200.00 as an appropriate alternative. The property owner has consented to this revised offer. • As a part of an easement agreement, the owners would be responsible to relocate 66 of the existing trees impacted by the pond construction and plant another 32 pine trees to supplement the buffer. The owners would fulfill all maintenance obligations for these relocated and newly planted trees. • An agreement between the City of Eagan and the owners of Parcel 10-30601-050-00, Outlot E, Gopher Eagan Industrial Park 2nd Addition, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • if the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 32-. Agenda Information Memo December 4, 2006 Eagan City Council Meeting YANKEE DOODLE RD. CORRIDORIACCESS MANAGEMENT STUDY AGREEMENT ACTION TO BE CONSIDERED: Approve a Cost Participation Agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Rd. (Denmark Ave. to TH 149) and authorize the Mayor and City Clerk to execute all related documents. FACTS: As traffic and development continue to grow along the Yankee Doodle Rd (County Road 28) corridor between I -35E and TH 149, various segments and intersections are approaching their minimum Level of Service (LOS) capacities. Several existing intersections do not meet the County's Transportation Plan spacing guidelines. Also, as additional development occurs along this corridor, requested new access locations either conflict with the current guidelines or would compromise the long-term• mobility and/or safety of this heavily traveled corridor. A corridor and access management plan will be helpful in identifying where future accesses could be accommodated and what required infrastructure improvements are the most cost effective. One of the higher priority capital improvements identified in both the City's and County's CIP involves addressing the vehicle crash rate at the Promenade intersection, and the easterly extension of the current 6 -lane divided roadway from Promenade Ave. through Lexington Ave. for added capacity. Before these or other significant investments can be initiated, it is mutually beneficial for both agencies to perform a Corridor/Access Management Study of this 2 -mile segment. Dakota County will be the lead agency in this initiative. In response to a request for proposals and interviews of qualified consulting firms, SRF Consulting Firm Inc. has been selected to perform the study. Similar to other cost sharing initiatives between the City and County, a Cost Participation Agreement has been prepared by the County for formal approval by the City. The estimated cost ($140,518) will be financed 55% by the County ($77,285) and 45% by the City ($63,233). The City's share will be financed through the Major Street Fund. The Public Works Department and City Attorney's office have reviewed this agreement and found it in order for favorable Council consideration. 33 Agenda Information Memo December 4, 2006 Eagan City Council Meeting R CONTRACT 05-03, WELL NO. 21 ACTION TO BE CONSIDERED: Approve the final payment for Contract 05-03 (Well No. 21 — Development & Pumping Equipment) in the amount of $22,572.04 to Mark J. Traut Wells, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 05-03 provided for the completion of new Well No. 21, including drilling, turbine pump, piping and appurtenances, mechanical and electrical systems. The well is now fully operational and contributing to the City's public water supply. These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Memo - - - December 4, 2006 City Council Meeting S. APPROVE Renewal of Heart Healthy Living Program Ageement for Eagan Community Center ACTION TO BE CONSIDERED: To approve the renewal of a contract with Heart Healthy Living, P.A. for 2007 to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Heart Healthy Living, P.A. (HHL) is an independent contract service that offers Phase III/ IV Cardiac Rehabilitation Maintenance Program services. • HHL wishes to continue their contract in 2006 for the use of the Eagan Community Center's exercise studio, walking track, exercise equipment, conference room and locker rooms Monday, Wednesday and Friday from 11:00 a.m. -12:15 p.m. for HHL clients and staff. • HI -Ws agreement pays the City 20% of all revenue gained by client program participation fees, which is confirmed by monthly attendance sheets. • HHL will provide general liability insurance at $1,000,000 per occurrence and $1,000,000 per year as well and Professional Liability at $1,000 per occurrence and $1,000,000 per year. • This has been a very positive and successful partnership that began in 2004 and continues to provide a positive benefit to the participants and ECC. ATTACHMENTS: None Agenda Memo Regular City Council Meeting - - December4,2006 CONSENT AGENDA: T. Lease with Burnsville Eagan Community Television. ACTION TO BE CONSIDERED: Approve lease renewal for Burnsville Eagan Community Television at its current location FACTS: • At a special joint meeting with Burnsville City Council on April 24, 2006, direction was given by both councils to negotiate a short term lease with the landlord at BECT's current location at 4155 Old Sibley Memorial Highway given the uncertainty created by draft federal legislation that could impact local franchise and so-called PEG fees for public/education/government programming on community television. • Direction was also given for discussion with other cities and financial analysis of other location options. These discussions are ongoing and it is expected a briefing will be made by mid -2007 on various options. • In the meantime, federal legislation passed in the House, but has not yet gained sufficient votes in the Senate to be brought to the floor. Leadership in both the US House and Senate will change in 2007. • The city attorneys of both Eagan and Burnsville participated in negotiating with the current landlord and several improvements in lease language were achieved including requiring the landlord to bear the costs of capital improvements, including the HVAC system which may need to be partially replaced as early as next year. • The new lease specifically limits and narrows what may be included in the Landlord's "Operating Costs" which are passed on to the tenant. The new lease also allows the City to "audit" those costs and obtain a refund for any amounts that should not have been charged to the City. • Finally, the term of the lease is for one year commencing January 1, 2007 and ending December 31, 2007 with the right to extend the lease for 1 additional year (provided notice is given 6 months in advance) • The costs are $13 per square foot base, rent plus $250 per month for exterior premises (antenna space). ATTACHMENTS: None. Anyone interested in reviewing the full 13 page lease may view a copy in the City Administrator's office. Agenda Memo Regular City Council Meeting December 4, 2006 CONSENT AGENDA: U. Resolution regarding Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises ACTION TO BE CONSIDERED: Approve resolution regarding policies and procedures governing the receipt and review of applications for additional Cable franchises. FACTS: • This action comes upon review and recommendation by the Burnsville Eagan Telecommunications Commission (BETC). • At its September meeting the Commission directed legal counsel to bring forward solutions in advance of the next state Legislative Session that position the City for increased broadband investment and these policies were reviewed and ratified at for. November 15 meeting. • The intent of these policies, which are now forwarded to the Burnsville and Eagan city councils with a recommendation for approval, is to streamline the process for applying for a competitive cable franchise. • The City of Eagan has placed a priority on the deployment of additional competitive broadband services in the community for residents and businesses. • The existing agreement with Comcast is a non-exclusive franchise that has always allowed for additional competitors should market conditions be right. The Commission has never denied a cable franchise application. • A new development in the telecommunications industry is the provision video services by traditional telephone companies. Industry observers expect that in the upcoming months, telephone companies, like Qwest, may approach cities or the state requesting authority to provide video service. In arguing against local franchising, the phone companies have been effective in creating a perception that cities are a `barrier to entry" for phone companies entering into the video business. Despite the threats to local franchising authority at both the federal and state level, cities are interested in developing solutions to increase broadband investment and greater consumer choice. • These Policies were developed in cooperation with the City of Minneapolis and several of the larger cable commissions in the Twin Cities area. The purpose behind these policies is two -fold: first, to prepare the Member Cities for future cable franchise applications; and second, to help eliminate the perception that cities are a barrier to entry for phone companies entering into the video market. • If there are questions, staff and Commission legal counsel will be present during the consent agenda. ATTACHMENTS: A copy of the resolution is on pagesk / to 4j of your packet. THE CITY OF EAGAN -- - - - . POLICIES AND PROCEDURES GOVERNING THE RECEIPT AND REVIEW OF APPLICATIONS FOR ADDITIONAL CABLE FRANCHISES WHEREAS, commencing in 1966, the Federal Communications Commission and later Congress codified a dual federal -local regulatory process for the regulation of Cable Services that distinguished between matters of national and local concern; and . WHEREAS, since 1905, local governments in Minnesota have had the authority to franchise companies seeking to use Public Rights -of -Way for private profit. In 1973, this authority over cable communications systems was specifically codified in Minnesota Statutes Chapter 238; and WHEREAS, the Minnesota Court of Appeals has ruled that an Open Video System operated by a local exchange carrier (i.e., a telephone company) is a cable communications system for purposes of State law and is subject to the provisions of Minnesota Statutes Chapter 238; and WHEREAS, the City of Eagan is a cable franchising authority for purposes of federal and state law; and WHEREAS, in Minnesota, and in the vast majority of states, Communications Facility Operators must obtain a Cable Service Franchise from the local franchising authorities they -wish to serve; and WHEREAS, under applicable law, cities, without limiting any other powers they may possess, franchise Cable Systems and Open Video Systems; and WHEREAS, the Public Rights -of -Way are the City's valuable and scarce public asset; and WHEREAS, cable and broadband deployment under local franchising has thrived. Nationwide, nearly 70% of all households subscribing to multichannel video programming services are being served by a Cable Operator; such as Comcast; and WHEREAS, under the existing regulatory scheme, which relies on local franchising and maintains local authority over Public Rights -of -Way, consumer protection and other important matters, the cable industry in Minnesota has invested in advanced networks with an approximate asset value of over $3 billion and serves approximately 1 million Subscribers; and WHEREAS, under local franchising, high-speed Internet and broadband services have flourished and there is over a 99% deployment rate throughout the cable footprint in Minnesota; and Vq WHEREAS, under local franchising, broadband services provided over Cable Systems have garnered a much larger share of the market than the broadband services provided by local exchange carriers; and WHEREAS, under local franchising, the State of Minnesota has benefited from the cable industry's investment of more than $500 million in broadband infrastructure and related equipment over the past five years; and WHEREAS, under local franchising, Comcast, through its predecessors in interest, has achieved 100% high-speed broadband deployment throughout its network in Minnesota; and WHEREAS, under local franchising, cities have required cable communications system operators to construct to their entire geographic boundaries subject to certain density requirements and cable subscribers have enjoyed uniform rates across each franchised area; and WHEREAS, Comcast, through its predecessors in interest, has invested over $400 million in recent network upgrades in Minnesota, has 11,100 network miles of plant in Minnesota, serves over 110 municipalities and provides service to over 50% of the 1.1 million homes its Cable System passes; and WHEREAS, local exchange carriers are beginning to offer Cable Service across the country; and WHEREAS, the City wishes to promote competition in the delivery of Cable Services and to encourage the deployment of state-of-the-art broadband networks; and WHEREAS, the City believes true and effective competition between Cable Service providers will increase the availability and quality of Cable Services, spur the development of new technologies, improve customer service, discipline rates and generally benefit consumers; and WHEREAS, the City desires to further streamline the application process for additional Cable Service Franchises and to eliminate perceived regulatory and economic barriers to entry, to the extent possible and consistent with applicable law; and WHEREAS, the City has formulated these new "Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises" to satisfy its goals of (i) minimizing the burdens placed on applicants for additional Cable Service Franchises and (q) expeditiously acting on additional Cable Service Franchise applications, so as to promote Cable Service competition and broadband deployment. 402 NOW, THEREFORE, the City of Eagan promulgates and adopts these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises. Section 1. Franchise Required. Subd. 1. In order to enable the City to treat Persons subject to Minn. Stat. § 238.03, 47 U.S.C. § 541(b)(1) and these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises that are providing similar video services similarly, as may be appropriate to comply with applicable law, and considering differences in circumstances; and to comply with requirements of federal law and/or State law which may require the City to separate their authority over Communications Facilities from their authority over providers of telecommunications services and information services, the City require individual authorizations for the provision of particular services and/or the construction of particular facilities in Public Rights -of -Way. Subd. 2. No Person shall construct, install, maintain, repair or operate a Communications Facility in the City, and no Person shall provide Cable Service or acquire ownership or control of a Communications Facility Operator in the City, without first obtaining a Franchise from the City and entering into an Agreement. The fact that a particular Communications Facility may be utilized for multiple purposes does not obviate the need to obtain a Franchise and enter into an Agreement. Subd. 3. A Franchise may be awarded only by an ordinance or other official action by the City. Subd. 4. No Franchise shall be exclusive. Subd. 5. A Person (A) who holds an authorization to occupy the City's Public Rights -of -Way for purposes other than the provision of Cable Service, or (B) who utilizes the Communications Facility of another Person shall not provide Cable Service to Subscribers within the City unless the City first grants such Person a Franchise and the City and such Person enter into an Agreement. Subd. 6. Nothing in these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises shall be construed to abrogate, derogate or limit any and all authority the City has to manage and control Public Rights -of -Way and to construct, purchase, maintain and operate a Communications Facility or to provide telecommunications services, Cable.Services or other services, either for internal purposes or for sale to the public. Subd. 7. The revocation of a Franchise in and of itself will not affect the authority of a Communications Facility Operator to continue to occupy Public Rights -of - Way to provide services for which it holds other valid authorizations. 41 3 Subd. 8. The City shall develop and keep on file at its offices a model _ Additional Franchise Agreement ("Model Additional Franchise Agreement") which shall be made available to an applicant for an Additional Franchise free of charge. Section 2. Application for Additional Franchise. Subd. 1. A written application for an Additional Franchise may be filed with the City at any time. Applications may be unsolicited or filed in response to a notice of intent to franchise issued and published by the City. Any such applications shall be filed with the City. Subd. 2. To be acceptable for filing, a signed original of an Additional Franchise application shall be submitted together with three (3) complete copies. The application shall contain the information required by Section 3 and shall conform with any additional requirements contained in a notice of intent to franchise, if any. All applications for an Additional Franchise shall include the names, addresses and telephone numbers of Persons authorized to act on behalf of all applicants with respect to an Additional Franchise application. Subd. 3. Upon receipt of an application for an Additional Franchise, the City shall publish a notice of intent to. franchise in accordance with Minn. Siat. § 238.081, subd. 1. A notice of intent to franchise shall contain at least the information set forth in Minn. Stat. § 238.081, subd. 2 and such other information as the City may decide to include, in its sole discretion. The City's Communications Director is authorized to publish a notice of intent to franchise on behalf of the City and to determine what information is to be included in the notice of intent to franchise. Subd. 4. All applications accepted for filing shall be made available by the City for public inspection, except for any information marked as "confidential" that may be protected from disclosure consistent with the Minnesota Government Data Practices Act, Chapter 13 of Minnesota Statutes, and applicable rules. An applicant shall be solely responsible for marking as "confidential" all information in its application that it believes is confidential, proprietary or trade secret and exempt from disclosure under the Minnesota Government Data Practices Act. The City and its council members, directors, employees and agents shall not be responsible for maintaining the confidentiality of data that are not protected from disclosure under federal and State laws and regulations. In addition, the City and its council members, directors, employees and agents shall not be liable for any public disclosure of data that are not marked "confidential" or any data marked as "confidential" that is not actually exempt from public disclosure under applicable federal or State law. In the event of a request for public disclosure of data marked as "confidential," an applicant shall be responsible for proving to the City or its designee, in writing, that the data is not public and exempt from disclosure. Such written proof must cite the specific statutory sections) and/or rule(s) prohibiting disclosure, and any applicable administrative and/or court decisions that classify the data as not public and exempt from disclosure. Subd. 5. An applicant shall respond to a notice of intent to franchise by filing an application within the time specified in the notice. Any applicant that has `t2 4 already filed an application for an Additional Franchise need not refile the same materials _ with its response, but must update its application, if any information is no longer accurate or applicable, and amplify its application to include any additional or different materials required by the notice of intent to franchise, Minn. Stat. § 238.081, subd. 4, and these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises. The City, through its Communications Director or other responsible employee(s), may seek additional information from any applicant and establish deadlines for the submission of such information and may reject any application that, does not contain required information. An applicant shall cooperate with the City and its employees and agents, and provide all requested information within the time specified by the City's Communications Director , or other responsible employee(s), unless an extension is granted by the Communications Director_ or other responsible employee(s). Section 3. Contents of Additional Franchise Application. Subd. 1. An application for an Additional Franchise shall be signed by an authorized officer or principal of the applicant, shall be notarized and shall contain, at a minimum, the following information: (a) All information set forth in Minn. Stat. § 238.081, subd. 4; (b) A proposed Franchise Agreement; (c) Any other information contained in a notice of intent to franchise that may be reasonably necessary to demonstrate compliance with applicable laws and regulations and the requirements of these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises; and (d) Any additional information that the City or its responsible employee(s) may request of the applicant that is relevant to the City's consideration of the application. Subd. 2. To the extent permitted by law, the City may, in its sole discretion, waive in writing the provision of any of the information required by this Section 3. Section 4. Evaluation of Additional Franchise Applications. Subd. 1. After receiving a complete application for an Additional Franchise and any other data requested pursuant to Section 3 by the City (through its Communications Director or other responsible employee(s)) shall evaluate the application. The City, through its Communications Director and/or other responsible employee(s), reserves the right to reject a non -conforming Franchise application at any time. 43 5 Subd. 2. In evaluating an application for an Additional Franchise, the City and its employees and agents may consider all lawful factors, including (but not limited _ to) an applicant's financial, technical and legal qualifications. A complete Franchise application that includes an executed copy of the Model Additional Franchise Agreement prepared by the City, or a Franchise Agreement that is substantially similar to the City's Model Additional Franchise Agreement, as determined solely by the City, shall be given expedited treatment. In all other cases, the City shall complete its evaluation of an application for an Additional Franchise and the negotiation of a Franchise Agreement, if warranted, as soon as reasonably practicable. Except as expressly provided above, nothing in this paragraph shall be deemed to require the City to grant an Additional Franchise to a particular applicant. In addition, these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises are not intended and shall not be interpreted to grant any Additional Franchise applicant standing to challenge the denial of its application for an Additional Franchise or the issuance of an Additional Franchise to another applicant or to provide any existing Grantee with standing to challenge the award of an Additional Franchise to an applicant. Subd. 3. The City or its designee, in its sole discretion, may terminate a Franchise application if it determines that the applicant is not proceeding with due diligence on the application or cooperating with City staff, employees and agents in their review, or if there are any substantive amendments to an application after the application has been submitted to the City and prior to the award of a Franchise. Subd. 4. In accordance with Minn. Stat. § 238.081, subd. 8, an applicant shall, upon request of the City, reimburse the City for all reasonable and necessary costs, expenses and fees they actually incurred in processing and reviewing an application for an Additional Franchise, through and including the denial of an application or the granting of an Additional Franchise and the execution of an Agreement, within thirty (30) days of receipt of an invoice from the City. Any reimbursement amount shall not be considered a franchisee fee and shall not be offset against any franchise fees owed to the City under an Additional Franchise and/or Franchise Agreement. Section 5. Definitions. The following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and `-will" are mandatory,. and "may" is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended, Title 47 of the Code of Federal Regulations, as amended, and Chapter 238 of Minnesota Statutes, as amended, and, if not defined therein, their common and ordinary meaning. The City shall hold a public hearing pursuant to Minnesota Statutes Section 238.081, subdivision 6. 0 6 Subd. 1. Additional Franchise means a Cable Service Franchise granted to a Person other than the first franchised Cable Operator. Source: References to an "additional franchise" in Minnesota — - - Statutes Chapter 238 (e.g., Minn. Stat. § 238.08, subd. 1(b)). Subd. 2. Affiliate means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with an entity. Source: 47 U.S.C. § 522(2), Section 602(2) of the Cable Communications Policy Act of 1984, as amended. Subd. 3. Agreement means the written agreement between the City and a Grantee, evidencing the City's authorization for a Grantee to provide Cable Service within the City utilizing Public Rights -of -Way. Source: Common contract principles. Subd. 4. Cable Operator means any Person or group of Persons (A) who provides Cable Service over a Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. Source: 47 U.S.C. § 522(5), Section 602(5) of the Cable Communications Policy Act of 1984, as amended. Subd. 5. Cable Service means (A) the one-way transmission to Subscribers of video programming or other programming service; and (B) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Cable Service includes, but is not limited to, all video programming and other programming services delivered by a Cable Operator, an Open Video System Operator and/or any broadband service provider or any local exchange carrier over a set of closed transmission paths and associated signal generation, reception and control equipment, in any analog or digital format and irrespective the technology utilized to transmit the video programming and other programming services including, but not limited to, video programming and other programming services provided by Internet protocol or xDSL video, and video programming and other programming services delivered over an integrated Internet protocol platform or a very -high -data -rate digital subscriber line. Cable Service, as defined herein, does not include any service that is solely and exclusively classified as an information service or a telecommunications service under applicable laws and regulations binding on the City. Source: Adapted from 47 U.S.C. § 522(6), Section 602(6) of the Cable Communications Policy Act of'1984, as amended. Subd. 6. Cable System or System means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed -to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the City, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves Subscribers without using any Public Right -of -Way; (C) a facility of a common carver which is subject, in whole or in part, to the provisions of Title H of the Communications Act of 1934, as amended (other than for purposes of 47 U.S.C. § 541(c)), except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on - demand services; (D) an open video system that complies with 47 U.S.C. § 573; or (E) any facilities of any electric utility used solely for operating its electric utility system. A reference to a Cable System refers to any part thereof, including, without limitation, converters, pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, status monitoring equipment, nodes, cables, fiber optics and other equipment necessary to operate the Cable System. The foregoing definition of "Cable System" shall not be deemed to circumscribe or limit the valid authority of the City to regulate, franchise or permit the activities of any other communications system or provider of communications services to the full extent permitted by law. The term Cable System, as defined herein, includes a cable communications system, as defined in Minn. Stat. § 238.02, subd. 3, and any system, irrespective of the technology utilized, that is used or designed to provide Cable Service to multiple Subscribers by a Cable Operator, a broadband service provider, and/or a local exchange carrier, in any analog or digital format, including, but not limited to, an integrated Internet protocol platform, an xDSL line and a very -high -data -rate digital subscriber line. Source: Adapted from 47 U.S.C. § 522(7), Section 602(7) of the Cable Communications Policy Act of 1984, as amended, and Minn. Stat. § 238.02, subd. 3. Subd. 7. City means the City of Eagan, Minnesota, and its lawful designees, successors and assigns. Source: Adapted from local franchise definitions. Subd. 8. Communications Facility refers to a Cable System and/or an Open Video System. Source: Umbrella term that encompasses Cable Systems and Open Video Systems. Subd. 9. FCC means the Federal Communications Commission, its designee, or any successor thereto. 1e 8 Source: Adapted from 47 U.S.C. §§ 151 and 154, Sections 1 and 4 -- - - of the Communications.Act of 1934, as amended. Subd. 10. Franchise means an initial non-exclusive authorization granted by the City in the form of an ordinance, Agreement, permit, license, privilege or other municipal permission to own, control, operate, maintain, construct, install, manage or repair a Communications Facility in the City's Public Rights -of -Way to provide Cable Service to Subscribers within the City. Any such authorization, in whatever form granted, shall not mean or include any other license, agreement or permit required for the privilege of transacting and carrying on a business within the City as required by the ordinances, laws, regulations and codes of the City, or for attaching devices to poles or other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along Public Rights -of -Way. Source:. Adapted from 47 U.S.C. § 522(9), Section 602(9) of the Cable Communications Policy Act of 1984, as amended, and Minn. Stat. § 238.02, subd. 24. Subd. 11. Grantee means a Person that has been granted an initial Franchise or a renewal franchise by the City, and its lawful successors, transferees or assignees. Source: Adapted from local franchise definitions. Subd. 12. Operator, when used with reference to a system, refers to a Person (A) who provides Cable Service over a Cable System or an Open Video System and directly or through one or more Affiliates owns a significant interest in such facility; or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such system. Source: Adapted from 47 U.S.C. § 522(5), Section 602(5) of the Cable Communications Policy Act of 1984, as amended, and 47 C.F.R. § 1500(b). Subd. 13. OYS or Open Video System refers to a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service, which includes video programming in any analog or digital format including, but not limited to, Internet protocol video, and video programming and other programming services delivered over an integrated Internet protocol platform, an xDSL line or a very -high -data -rate digital subscriber line, which is provided to multiple Subscribers within a community, and which the FCC or its successor has certified as compliant with 47 U.S.C. § 573 and 47 C.F.R., Part 76, as amended from time to time. Source: Adapted from 47 C.F.R. § 76.1500(a). 47 9 Subd. 14. Person includes any individual, corporation, partnership, association, limited liability company, joint-stock company, trust or any other legal entity, but not the City. _ Source: Adapted from 47 U.S.C. § 153(32), Section 3(32) of the Communications Act of 1934, as amended and Minn. Stat. § 238:02, subd. 30. Subd. 15. Public Rights -of -Way or Rights -of -Way means the surface, air space above the surface and the area below the surface of any, public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated for general public use by the City, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created; obtained or dedicated, may be used for the purpose of installing, operating and maintaining a Communications Facility. No reference herein to a "Right -of -Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining a Communications Facility. Source: Adapted from local franchise definitions. Subd. 16. State means the State of Minnesota and its agencies, offices, bureaus, divisions, commissions and departments. Source: Adapted from Minn. Stat. § 238.02, subd. 32 and subd. 33. Subd. 17. Subscriber means the City, any government entity or any Person lawfully receiving any Cable Service provided by a Communications Facility Operator by means of or in connection with its Communications Facility, whether or not a fee is paid for such Cable Service., Source: Adapted from 47 C.F.R. § 76.5(ee) and local franchise definitions. Section 6. Repealer and Effective Date. Subd. 1. Any prior policies and procedures governing application, review and recommendations regarding grant of competitive cable franchises previously adopted by the City are hereby repealed in their entirety and are superseded and replaced by these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises. Subd. 2. These Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises shall be effective immediately upon their adoption by the City. NO Adopted and effective this day of -2006. [INSERT CITY SIGNATURE BLOCK] Agenda Memo Regular City Council Meeting December 4, 2006 _CONSENT AGENDA: V. Resolution Stating Opposition to Legislative Proposals that Remove Cable Television Build -Out Provisions from Chapter 238 of Minnesota State Law. ACTION TO BE CONSIDERED: Approve resolution stating opposition to Legislative proposals that remove Cable Television Build -Out provisions from Chapter 238 of Minnesota State Law and forward copies -of this resolution to Eagan's state legislative delegation and the League of Minnesota Cities. FACTS: • This action comes upon review and recommendation by the Burnsville Eagan Telecommunications Commission (BETC). • The Commission at BETC's November 15 meeting approved and forwarded the attached resolution to the Burnsville and Eagan city councils to consider adoption prior to the next state Legislative session. • As the League of Minnesota Cities develops its policies for the 2007 legislative session, it is important to review the legislative landscape and the League's current position on cable system franchising. • During the past year the telecommunications industry has vigorously lobbied Congress and state legislatures across the nation in an attempt to eliminate local franchising. Part of the industry's goal with this legislation is to eliminate build -out requirements. • Minnesota law (Minn. Stat. § 238.081) currently prohibits additional franchises to be more favorable or less burdensome as it relates to the area served. The League of . Minnesota Cities, the National League of Cities, and other major municipal organizations have opposed federal legislation that would allow new entrants to "cherry pick" their cable system areas. • The BETC believes it is sound public policy, wherever possible, to ensure all citizens throughout the City receive new services, understanding that densities and available capital can affect build out schedules. • The focus of the Telecommunications industry is now shifting to State Legislatures, where legislation will be introduced in Minnesota to eliminate build out requirements for video services, even to a telephone company's existing footprint. • While the Commission feels it is important to acknowledge market factors and to be flexible on the schedules for build -out by video providers, cities nonetheless have an . interest in making sure, over time, that all its residents are served by new competitive video services, and at a minimum video services delivered by a telephone company cover at least its existing footprint within the city. • The action asks that a copy of this resolution be forwarded to the League of Minnesota Cities and Eagan's state legislative delegation. Staff and Commission Legal Counsel will be present during the consent agenda should there be questions the Council wishes answered. ATTACHMENTS: A copy of the resolution is on pages 52 to 55 of your packet. RESOLUTION OF THE CITY OF EAGAN By STATING OPPOSITION TO LEGISLATIVE PROPOSALS THAT REMOVE CABLE TELEVISION SYSTEM BUILD -OUT PROVISIONS FROM CHAPTER 238 OF MINNESOTA STATE LAW. WHEREAS, the City Council of the City of Eagan, Minnesota ("City) is the official governing body elected to preserve, promote and protect the best welfare, safety and interest of the City and its citizens; and WHEREAS, the City is a franchising authority that is empowered to award non-exclusive franchises for cable communications systems pursuant to Chapter 238 of Minnesota Statutes; and WHEREAS, the City understands that considerable effort has been made in the State of Minnesota, and at a national level, to change and limit local government authority with respect to cable communications system build -out requirements, and management of local rights-of-way use, including the oversight, administration, and regulation of cable services and cable operators; and WHEREAS, the City believes that all its citizens and all areas of the City should have the same access to cable service and cable communications systems regardless of the economic condition of any of its citizens or the economic condition of any of the City's neighborhoods; and WHEREAS, Minnesota Statutes Chapter 238 establishes uniform guidelines for the franchising, oversight and administration of cable communications systems and services, including build -out requirements; and WHEREAS, the City disagrees with telecommunications industry claims that cable communications system overbuilders should be allowed to provide video services to only citizens and neighborhoods that they determine to be desirable; and WHEREAS, the National League of Cities and the League of Minnesota Cities have opposed national legislation that does not contain build -out provisions; and WHEREAS, the City strenuously objects to any legislative proposals or policy recommendations that may be made by policy committees, the Board of the League of Minnesota Cities or others which would seek to remove build -out provisions from Chapter 238 of Minnesota Statutes; and 52- WHERAS, the City supports interpreting existing provisions of Minnesota Statutes Chapter 238 to not require a telephone company to provide cable service beyond its telecommunications footprint in the City. Now, Therefore, Be It Resolved by the City Council of The City of Eagan, that: SECTION 1: 1.1 The City respectfully requests that the League of Minnesota Cities reconsider its support of proposed Minnesota legislation which would remove or limit the build- out provisions of Chapter 238; and 1.2 The City will support efforts directed against unwarranted legislative changes to ensure that all persons residing in the City will have unfettered access to all forms of information resources from as many sources and providers as possible; and 1.3 The City will support efforts to ensure that cable communications systems and cable operators occupying and utilizing valuable and scarce public rights-of-way and who benefit from the use of public rights-of-way have flexible build -out schedules and continue to provide reasonable right-of-way compensation in the form of franchise fees, public, educational, and governmental access funding, and other lawful support notwithstanding technological changes or advancements; and 1.4 The City's City Administrator or his designee will transmit this Resolution to the Executive Director's office of the League of Minnesota Cities, and such other persons as the City's City Administrator or his designee believes are in a position to further the goals and objectives outlined herein. SECTION 2: This Resolution becomes effective upon approval and adoption by the City Council of The City of Eagan. LN ADOPTED this day of 2006, by the following vote. AYES: NOES: ABSENT: DISQUALIFIED: Mayor ATTEST: City Clerk 2 53 _ Agenda Information Memo --December 41- 2006; Eagan City Council Meeting W. ACTION TO BE CONSIDERED: To approve a 90 -day extension of time to record the final plat for Oakview Center 2"a Addition, located south of Lone Oak Road and north of Hwy. 55 in the NW '/< of Section 12. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on April 4, 2006. The plat is required to be recorded within 60 days of approval. ➢ The plat approval has previously been extended twice for 90 days each time. The current approval expires November 30, 2006. ➢ Prior to the expiration date of November 30, 2006; the applicant submitted another request fora 90 -day extension of the final plat approval. ➢ The current requested 90 -day extension would allow until February 28, 2007 for the plat to be recorded. ➢ The applicant has indicated they expect to begin construction in Spring 2007 for an opening in Spring 2008. ATTACHMENTS (1): Letter from Rian Gamble, Eagan Hospitality Group, page 55 54 } Eagan Hospitality Group, LLC e November 28, 2006 Pam Dudziak Planner, City of Eagan h 3830. Pilot Knob. Road 1{ Eagan, MN 55122 . 4 RE; E F xtensionof Plat Approval.for.:•Eagan Comfort Suites; -, Dear Pam: { Please oonsider this requestfor an extension of our plat approval for:g0 days. Weare requesting this extension in. order to complete the: requirements for the finai.plat and, execute the planned development agivement. Per our conversation, .we ar ticipate that these items will be completed by the end of this year. If you have any questions; regarding this request,.piease Contactme. Sincerely, j Man: Gamble Eagan Hospitality Group, LLC Badger Midwest Holdings, LLC Agenda Information Memo December 4, 2006 Eagan City Council Meeting X. PROJECT 950 OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION RECEIVE PETITION AUTHORIZE FEASIBILITY REPORT ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report by Bonestroo & Associates for Project 950 (Opperman Drive & TH 149 -Intersection Reconfiguration). FACTS: • On November 29, 2006 City staff received a petition from Thomson Legal and Regulatory, owner of properties adjacent to .Opperman Drive and TH 149, requesting the reconfiguration of the Opperman Drive and TH 149 intersection. • As indicated in Thomson's petition, the requested improvements .will require significant coordination with several agencies. Therefore, Thomson has requested the City act as the lead agency for the construction of the improvements. • Given the proximity of the petitioned improvements to the proposed TH 149 construction and the related economies of scale benefits, it would be advantageous to incorporate the improvements into the construction plans for Project 778 (TH 149 Reconstruction). • The schedule for Project 778 (TH 149 Reconstruction) will not be adversely impacted by inclusion of the petitioned improvements. • It would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ATTACHMENTS: • Petition, pageJ_( through Thomas J. Walrath Senior Director Facility Management - - Tel 651.687.7490 -- - - - _ --- Fax 651.687.5718 November 29, 2006 Russ Matthys, P.E. City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: T.H. 149 Reconstruction Project Proposed Improvements Dear Russ: THOMSON LEGAL ffi REGULATORY We have enjoyed the long standing relationship between Thomson and the City of Eagan and look forward to working together as the T.H. 149 Reconstruction project continues to move forward. We have had many communications throughout the development stages of the T.H. 149 project, and are pleased that the project is moving ahead. As we have discussed, there are improvements that Thomson would like to see implemented that, while not directly tied to the T.H. 149 Reconstruction Project, should be given due consideration by the City at this time. Our letter to the City, dated December 2, 2005, outlined roadway improvements that we would like to see implemented. The proposed improvements in said letter included the.following: 1. Southbound dual right turns on T.H. 149 at Opperman Drive 2.. An additional westbound through lane on Opperman Drive 3. A right -in / right -out driveway for the Thomson facility located south of Opperman Drive 4. A southbound right -exit -only off of T.H. 149 between Yankee Doodle Road and Opperman Drive The items listed above have not been incorporated into the T.H. 149 plans. Because these improvements will require significant coordination and permitting efforts with Dakota County, MnDOT and the Canadian Pacific Railroad (Progressive Rail), we believe that it would be in everyone's best interest if the City were to act as the lead agency for the construction of the improvements. Additionally, most of the improvements will impact the T.H. 149 Reconstruction project, and should be considered prior to that project being constructed. Please consider this a formal request, or petition, for the improvements outlined above. Thomson is in possession of all of the Right -of -Way and other land interests that abut the requested improvements. As such, no other parties should realize adverse impacts from the improvements. We understand for Public projects such as this, that indirect costs can be about Thomson Legal & Regulatory 610 Opperman Drive, Eagan, MN 55123,, 651.687-7000 651.687.5718 v .tlrg.com `�� November 29, 2006 Page 2 of 2 30 percent of the construction costs for the project. In response to this request, Thomson anticipates the City Council's consideration of directing staff to prepare a feasibility report identifying the scope, cost, financing and schedule for the proposed improvements. It would appear advantageous, upon Council authorization, to prepare such a feasibility report and hold any associated public hearings on a timeline that would allow an approved project to be constructed with the T.H. 149 Reconstruction project. We look forward to our continued partnership on the T.H. 149 Reconstruction project and the implementation of the additional requested improvements. We would like to meet at your earliest convenience to discuss the extent of the improvements and the next steps in the process. If you have any questions or need any additional information, please call me at 651-687-7490. Tommeerey,alrath Senior Director Facility Management Thomson Legal & Regulatory c: Thomas Hedges, City Administrator Thomas Colbert, City of Eagan Jon Durand, TLR Agenda Information Memo December 4, 2006 Eagan City Council Meeting A. Proposed Budget and Property Tax Levy for 2007 — Truth -In -Taxation Hearing ACTIONS TO BE CONSIDERED: 1) To close the public hearing and set the 2007 General levy and General Fund budget considerations for the December 19, 2006 City Council meeting. 2) To close the public hearing and set the 2007 Cedarvale Special Services District levy and budget considerations for the December 19, 2006 City Council meeting. FACTS: • Generally, the State requires cities over 2,500 in population to hold a Truth -in - Taxation public hearing on their proposed budget and tax levy for next year. • Again this year, because the City's levy is lower than the inflation factor established by the State, Eagan is exempt from holding a Truth -in -Taxation hearing. The Council earlier indicated it wanted to proceed with the hearing nevertheless. • Parcel specific notices were mailed by the County to Eagan residents in mid- November. All Cedarvale SSD property owners also received a mailed notice of the proposed SSD levy and budget. • A notice of this hearing was published in the Dakota County Tribune on November 30 and in the Eagan ThisWeek newspaper on December 2. It invited property owners to attend this hearing and/or send written comments. • Hearings for both the general levy and the Cedarvale Special Services District (SSD) levy are to be conducted. • If the City Council wishes to conduct a continuation hearing, such a hearing would be held December 11. • The City's final levy and budget will be adopted at the December 19 regular City Council meeting. • The City Administrator will make a PowerPoint presentation. ATTACHMENTS: Enclosed without page number is a 2007 General Fund Budget and Property Tax Levy handout that will be made available to all in attendance at the public hearing. Enclosed on page (oD is a notice sent to property owners in the Cedarvale SSD. Enclosed on pages (o L through 61 is a memo summarizing recent discussions concerning public policy decisions regarding the amount of the 2007 levy. APIP0 Eap ko To: CEDARVALE SPECIAL SERVICE DISTRICT MEMBERS From: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR Date: NOVEMBER 6, 2006 Subject: PUBLIC HEARING NOTICE -2007 SPECIAL SERVICE DISTRICT BUDGET This memo is to inform you of a public hearing on Monday, December 4, 2006 regarding the Proposed 2007 Budget for the Cedarvale Special Service District. The hearing will take place at 6:30 p.m. during the City Council Meeting in the City Council Chambers at 3830 Pilot Knob Road. The City is recommending a 2007 service charge of $3,000 be imposed as compared to the 2006 service charge of $3,000, and budgeted expenditures of $6,300 as compared to $9,439 in 2006. The proposed budget will continue to cover maintenance and insurance for the Cedarvale area sign, as well as additional mowing, fertilizing, and weed control of the public property. The budgeted expenditures are an estimate of the annual cost of operating and maintaining the improvements. Below is a summary of historical budgets and the 2007 budget for the Special Service District. All interested persons will have an opportunity to be heard at the hearing regarding this proposed service charge. The petition requirements of section 428A.08 of the Minnesota Statutes do not apply to the proposed service charge since this proposal is a subsequent and not the initial proposal for imposition of the service charge. For more information call Jon Hohenstein, Community Development Director at (651) 675-5653. 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $11,076 $8,748 $6,180 $3,041 Revenues: Special Services District Taxes $2,088 $2,002 $3,000 $3,000 Interest on Investments $130 $157 $300 $300 Total Revenues $2,218 $2,159 $3,300 $3,300 Expenditures: Professional Services -Auditing $500 $500 $500 $500 Mowing $3,066 $3,461 $6,444 $3,500 Fertilizer and Weed Control $0 $0 $1,395 $1,400 Sign Maintenance $980 $766 $1,100 $900 Total Expenditures $4,546 $4,727 $9,439 $6,300 Projected Actual Expenditures $6,439 Excess of Revenue over Expenditures ($2,328) $2,568 $3,139 $3,000 Fund Balance End of Year ' $8,748 $6,180 $3,041 $41 All interested persons will have an opportunity to be heard at the hearing regarding this proposed service charge. The petition requirements of section 428A.08 of the Minnesota Statutes do not apply to the proposed service charge since this proposal is a subsequent and not the initial proposal for imposition of the service charge. For more information call Jon Hohenstein, Community Development Director at (651) 675-5653. City of Eagan �eoo To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: November 29, 2006 Subject: Payable 2007 Property Tax Levy — Market Value Homestead Credit I am writing this memo to summarize recent discussions concerning the up coming public policy decision regarding the 2007 Property Tax Levy. Through the Truth in Taxation and final levy certification process the City Council has the option to maintain the proposed levy approved with the certification of the preliminary levy and budget on September 5, 2006 or to reduce the levy to some other dollar amount. By way of background, the first 2007 budget and levy draft reviewed by the City Council in August of 2006 included a total levy of $21,557,307 which was the same as the total levy for payable 2006 and designated $202,845 for non-current operations, that being future tax levy supported communications funding. The proposal also assumed that Market Value Homestead Credit (MVHC) would be paid by the State. The preliminary levy certified in September totaled $22,304,562 and was arrived at by removing the $202,845 communications designation and adding the MVHC allocation of $950,100. It was further noted that the $950,100 would be designated for the City s capital obligation to the DCC, if the State actually pays the MVHC. This change amounted to approximately an annual $23 increase for the average house value in Eagan. The City's DCC capital obligation is estimated to be approximately $1.2 million and staff is reviewing the various funding options. The following observations were considered by the City Council in certifying the pteliminery-levy�amount. Factors in favor of adding the replacement levy: The levy can be decreased at the time of final certification in December if more favorable information is presented increasing the likelihood of State payment. Non payment of MVHC by the State would cause a budget shortfall in the operations for 2007 long after the budget was approved limiting options for the City to make the necessary corrections/adjustments. • Regardless of State action a constant level of services could be maintained without spending from the City's fund balance account or making cuts to operations, if the City levied the MVHC. • In the event the City does not levy for the MVHC and the State implements levy limits for payable 2008, the City's levy limit base will be below the level necessary to maintain a constant level of services causing additional problems in future years. • A number of one time options for use of the money are available as place holders for the levy proceeds, if it is levied and the State pays the MVHC. Due to having levied for the loss of MVHC for the previous two years Eagan's base is established and the projected 2007 amount could be levied back without the City officially being required to hold a truth in taxation hearing per State parameters. The City's General Fund fund balance could be protected from supporting operations as a replacement for lost MVHC. Factors against adding the replacement levy: If the State determines that cities are levying for the potential loss of MVHC, it will be an easier target for reduction as no budget cutting pain will be felt by the cities. However, the cities will have already elected to assume responsibility for the levy through the levy adoption process. Cities are subject to accusations that they are double taxing the property owners. Most cities attempt to overcome this potential criticism by designating the dollars to something that would eliminate/reduce an additional tax levy in the future, if the money is not needed to back fill for the loss of. MVHC. In other words the additional levy dollars are not used for or directed towards an expansion of services or operations. Cities may be accused of finding new uses for already established levy capacity rather than reducing the levy. In addition, in an informal survey Eagan learned that of the other 12 MLC cities, 9 planned to levy for the MVHC (8 full and 1 partial), 2 did not respond, and 1 did not plan to levy for the MVHC. In addition to certifying the preliminary levy at the higher dollar amount the City Council directed staff to continue to monitor additional information to help inform the final decision at the time of final levy certification. Although not particularly helpful in making the determination, the following factors are now alsoin play: The election results have significantly changed the political landscape. V2— • The issue of rising property taxes came up frequently during the campaigns and levy limits and/or a property tax freeze were touted as potential solutions. • Greater Minnesota cities see increased Local Government Aid as a solution to rising property taxes and typically have targeted "suburban" MVHC as a way to fund LGA increases. The position of the Greater Minnesota Cities Coalition seems to have been strengthened through the elections. • The State is now projecting a rather large budget surplus and property tax reform is surfacing as a potential legislative issue. • MLC cities appear to be maintaining their intention of levying back for MVHC to ensure their revenue streams and to protect against low levy bases if levy limits are reinstituted. Staff followed up with Lakeville, the Ione "no" respondent, and learned that the size of their,levy increase without levying for MVHC was a major factor in the decision to not levy for it. The significant levy increase is related to growth and their desire to wean the City off the use of equipment certificate funding (credit card approach). They are cognizant of the potential budget problems with their decision and see an operating budget problem and a complication to equipment funding, if the State does not pay the MVHC. • Eagan staff to date has had no concerns expressed to them resulting from the truth in taxation notices regarding 2007 property taxes. Approximately three calls have been received and they relate to property valuation increases. • Staff has done a considerable amount of work trying to determine the relative positions of various cities resulting from the State's 2003 budget cuts and subsequent failure to fund MVHC. No meaningful conclusions can be drawn from that exercise. • Staff sees no practical way to ensure a "safe harbor" at the legislature for not levying for the MVHC. Past legislative actions have typically not rewarded City's for making decisions in keeping with State expectations. One could certainly speculate that the above mentioned factors increase both the likelihood that the MVHC will be paid and that levy limits will be reinstituted making the future levy limit base a key component in the decision. Although possibly subject to future criticism, the City clearly maintains the most options and the best financial position by certifying the final levy at the level of the previously certified, preliminary levy and unless there are factors that I am not aware of that would be my recommendation. Please let me know, if you would like any other information or if you would like to Agenda Information Memo December 4, 2006 Eagan City Council Meeting B LOT 1 BLOCK 1, CENTENNIAL RIDGE 2ND (LENA COURT) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public drainage & utility easements within Lot 1, Block 1, Centennial Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On October 30, 2006, City staff received a complete petition from James Lennon, property owner, requesting the vacation of a portion of an existing drainage and utility easement within Lot 1, Block 1 Centennial Ridge 2nd Addition, at the southeast comer of the intersection of Diffley Road and Johnny Cake Ridge Road. • The drainage and utility easement was dedicated as part of the Centennial Ridge 2nd Addition plat for ponding and general utility purposes. • The purpose of the request is to allow the property owner to construct a monument sign within a small portion of the easement area, above the adjacent pond's high water level. • 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. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page (05 . 'J_ • Easement Vacation Exhibit, page `AP City of Bap Englneedng Deparbnent Lena Court Proposed Easement Vacation Location Map 10-31-06 A Tr- A IM 1 II/\I l"" A rL♦�rvrn I IVV. .+V 'Hirci r-\/ ROAn` Fivnv I s' --NE CORNER OF LOT 1 20.00 PROPOSED EASEMENT N89'41'0O"E TO BE VACATED?_ 20 10 0 20 Scale in Feet 11.60 S00'19'00"E PROPOSED LEGAL DESCRIPTION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT All that part the of drainage and utility easement lying over, under and across Lot' 1, Block 1, CENTENNIAL RIDGE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota as delineated and dedicated on said CENTENNIAL RIDGE 2ND ADDITION, described as follows: Commencing at the northeast comer of said Lot 1; thence on an assumed bearing of South 00 degrees 19 minutes 00 seconds East, along the east line of sold Lot 1, a distance of 11.60 feet, to the plant of beginning; thence continuing South 00 degrees 19 minutes 00 seconds East, along said east line, a distance of 20.00 feet; thence South 69 degrees 41 minutes 00 seconds West, a distance of 20.00 feet; thence North 00 degrees 19 minutes 00 seconds West, a distance of 20.00 feet; thence North 89 degrees 41 minutes 00 seconds East, a distance of 20.00 feet; to the point of beginning G rn I \\\\ a N I \ C — H4vl 938.0 v Z \. I \\ C v —NHL 836.0 S89'4 0 W 1 \\�A►- \IT-- 20.0.0 0 1 «, � Ir r` , 1 r. 20 10 0 20 Scale in Feet 11.60 S00'19'00"E PROPOSED LEGAL DESCRIPTION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT All that part the of drainage and utility easement lying over, under and across Lot' 1, Block 1, CENTENNIAL RIDGE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota as delineated and dedicated on said CENTENNIAL RIDGE 2ND ADDITION, described as follows: Commencing at the northeast comer of said Lot 1; thence on an assumed bearing of South 00 degrees 19 minutes 00 seconds East, along the east line of sold Lot 1, a distance of 11.60 feet, to the plant of beginning; thence continuing South 00 degrees 19 minutes 00 seconds East, along said east line, a distance of 20.00 feet; thence South 69 degrees 41 minutes 00 seconds West, a distance of 20.00 feet; thence North 00 degrees 19 minutes 00 seconds West, a distance of 20.00 feet; thence North 89 degrees 41 minutes 00 seconds East, a distance of 20.00 feet; to the point of beginning Agenda Information Memo December 4, 2006 Eagan City Council Meeting C. LOTS 1 & 2. BLOCK 1, SILICON GRAPHICS isz EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue the public easement vacation for formal consideration with the Final Plat for the Waters Annex Addition. FACTS: • On October 20, 2006, City staff received a petition from Jean Crosby of CSM Equities requesting the vacation of existing drainage and utility easements within Lots 1 and 2, Block 1, Silicon Graphics I" Addition, at the southeast corner of the intersection of Lone Oak Parkway Road and Lone Oak Drive. • The drainage and utility easements were dedicated as part of the previous Silicon Graphics development for ponding and public utility purposes. • The petition was intended to coincide with the final subdivision approval process for CSM's Waters Annex development on this property. • On October 20, 2006, final subdivision submittal was made by CSM for Waters Annex. • On November 9, the City Council scheduled a public hearing to be held on December 4 to consider the petition to vacate a portion of these easements. • The proposed final subdivision approval for Waters Annex will be presented to the City Council at a future Council meeting. Adequate replacement drainage & utility easements will be dedicated as part of the Waters Annex final plat. • 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. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council. action. ATTACHMENTS: • Location Map, page & 7� • Easement Vacation Exhibit, pages 4P� aq Of Eap Engineering Depaftent Silicon Grapics 1st Add. Proposed Easement Vacation Location Map /,, CO ti ■ 0 0 11-1-06 PiME LEC00 MmEXISTING EASEMENTS OUTSIDE PROPOSED EASEMENTS PROPOSED EASEMENTS a 0 100 200 400 NSMALIES .. 51N ---F"E-E9T r CSM EQUITIES, L.L.C. — Petition to Vacate — Waters Annex DESCRIPTION OF EASEMENTS TO BE VACATED 1. The following drainage and utility easements dedicated in the plat of LONE OAK, which plat was filed of record on May 24, 1985, as Document No. 688442, Office of County Recorder, Dakota County, Minnesota: All drainage and utility easements dedicated within those portions of Outlots H and L of the recorded plat of LONE OAK, embraced within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION, and all drainage and utility easements dedicated within Outlot G of the recorded plat of LONE OAK. 2. The following drainage and utility easements dedicated in the plat of CRAY ADDITION, which plat was filed of record on January 15, 1988, as Document No. 823591, Office of County Recorder, Dakota County, Minnesota. All drainage and utility easements dedicated within Outlots B, C, and D, CRAY ADDITION. 3. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of CRAY SECOND ADDITION, which plat was filed of record on October 24,1989, as Document No. 909674, Office of County Recorder, Dakota County, Minnesota, All drainage easements for ponding and all drainage and utility easements dedicated within Outlots A, B and C, CRAY SECOND ADDITION. 4. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of SILICON GRAPHICS FIRST ADDITION, which plat was filed of record on April 17, 2001, as Document No. 1765742, Office of County Recorder, Dakota County, Minnesota. All drainage easements for ponding and all drainage and utility easements dedicated within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION. Agenda Information Memo December 4, 2006 Eagan City Council Meeting D. PROJECT 776, YANKEE DOODLE ROAD FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 776 (Yankee Doodle Road — Street and Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: Project 776 provided for the extension of Yankee Doodle Road (County Road 28) as a 4 -lane divided roadway with raised median from Highway 149 to Inver Grove Heights (and subsequently to Highway 55), bituminous trail on both sides of the roadway, trunk and lateral water main, lateral sanitary sewer, and lateral storm sewer. The Dakota County Transportation Department was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any County road extension, all new trail installations, .lateral storm sewer, and right-of-way acquisition. Also in accordance with the policy, the City is obligated for 100% of sanitary sewer and water main construction. The final assessment roll was presented to the City Council on November 9, 2006, with a public hearing being scheduled for December 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are equal to the Fee Schedule rates contained in the feasibility report presented at the public hearing held on May 15, 2001. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held November 30, to address all property owners' questions or concerns and provide any additional information of interest. Of the 9 parcels (Business Park) being assessed, two persons representing five (5) of the parcels attended the meeting and expressed objections to the proposed assessments. ATTACHMENTS: • Final Assessment Report, pagesl2 through �!3 • Letters of Objection, pages a:.d FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 776 Assessment: December 4, 2006 Name: Yankee Doodle Road Extension Project Approval Date: May 15, 2001 Streets and Utility Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk EZI Lateral4$ 5.70 45.70 /F.F. CI ❑ Service ❑ Lateral Benefit STORM SEWER ❑ Trunk Final Feasibility Rate Report Units WATER STREET H Trunk $2,010j 2 D iQ /Acre Cl ❑ Gravel Base to Lateral $53.78 / F.F Cl H Street Extension $137.60 $137.60 /F.F. CI ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/1 Equiv. . ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate . Assessed* Financed* County 28-15 Q 15 Years 5.50% $944.476 F.R. $383,064 F.R. $918,346.57 $1.270,394.83 (F.R. = Feasibility Report) la Ab� City of Bain Me To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: November 14, 2006 Subject: Final Assessment Roll, Project 776 Yankee Doodle Road — Street & Utility Extension At the public hearing on May 15, 2001, the City Council ordered Project 776. in accordance with the feasibility report, the following improvements were constructed: extension of a 4 -lane roadway with raised median from Highway 149 to Inver Grove Heights (and subsequently to Highway 55 within Inver Grove), bituminous trail on both sides of the roadway, trunk and lateral water main, lateral sanitary sewer, and lateral storm sewer. In the feasibility report, it was proposed to assess costs of street, sanitary sewer, water main and storm sewer improvements to benefiting properties in accordance with the City Special Assessment Policy. The improvements were completed under Dakota County Contract 28-15. The following information was used in the preparation ofthe.assessment roll for Project 776. I. PROJECT COST The construction cost for Project 776 includes the amount of $1,900,450.93 paid to the contractors for the construction of the improvements mentioned above. Other City costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $347,755.91 and right-of-way/ easement costs totaling $2,297,079.95 were incurred resulting in an improvement and project cost of $4,545,286.79. Right-of-way and easement acquisition costs approximately $1,600,000 over the feasibility report estimate contributed to a majority of the cost overrun on the project A summary of the costs is as follows: CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY Street, Trail, and Storm Sewer $1,680,024.19 $307,416.22 $1,987,440.41 $1,780,000 Sanitary Sewer $107,885.65 $19,822.09 $127,707.74 $122,400 Water Main $112,541.09 $20,517.60 $133,058.69 $100,306 R/W & Easement $2.297.079.95 $2.297.079.95.67$ 5.200 Acquisition Totals $4,197,530.88 $347,755.91 $4,545,286.79 $2,677,900 IL ASSESSMENTS A. TRUNK IMPROVEMENTS Trunk water main improvements were installed under this project, therefore, trunk assessments are proposed to two properties (PID's 10-01200-010-77 and 10-01200-020-77) not previously assessed, at the City Fee Schedule rate of $2,010/ acre in effect at the date of the public hearing for the project (May 15, 2001). B. STREET/STORM SEWER/ LATERAL UTILITY BDROVEMENTS AND ASSESSMENT RATES Street/ Storm Sewer Improvements - The street improvements consisted of the 4 -lane urban roadway (with raised median, tum lanes, concrete curb & gutter, lateral storm sewer, and bituminous trail on both sides) extension of Yankee Doodle Road from Highway 149 to the Inver Grove Heights border. The cost of construction is $1,680,024.19. Other costs in the amount of $307,416.22 were also incurred, resulting in a total improvement cost of $1,987,440.41. The total assessable front footage for this improvement is 5,271 feet. The costs result in a calculated front foot commercial/ industrial street & storm sewer rate in excess of the 2001 Fee Schedule Rate of $137.60/ front foot. Therefore, the assessment is limited to the Fee Schedule rate for the nine benefiting properties. 2. Lateral Sanitary Sewer Improvements — The lateral sanitary sewer improvements consisted of the construction of the construction of an 8 -inch main within Yankee Doodle Road and adjacent properties to provide sewer service to adjacent properties. The cost of construction is $107,895.65. Other costs in the amount of $19,822.09 were also incurred, resulting in a total improvement cost of $127,707.74. These costs result in a calculated front foot commercial/ industrial sanitary sewer lateral rate in excess of the 2001 Fee Schedule Rate of $45.70/ centerline foot ($22.85/ front foot). Therefore, the assessment is limited to the Fee Schedule rate for the two benefiting properties (PID's 10-01200-010-77 and 10-01200-020-77). The total assessable front footage for this improvement is 1,065 front feet. 3. Lateral Water Main Improvements — The lateral water main improvements consisted of the construction of the construction of 8 -inch and 12 -inch water mains within Yankee Doodle Road and adjacent properties to. provide water main service to adjacent properties. The cost of construction is $112,541.09. Other costs in the amount of $20,517.60 were also incurred, resulting in a total improvement cost of $133,058.69. The costs result in a calculated front foot commercial/ industrial water main lateral rate in excess of the 2001 Fee Schedule Rate of $58.10/ centerline foot ($29.05/ front foot). Therefore, the assessment is limited to the Fee Schedule rate for the two benefiting properties (PID's 10-01200-010-77 and 10-01200-020-77). The total assessable front footage for this improvement is 1,9,40 front feet. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. 1 4 III. REVENUES (COST RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY ' COUNTY EWPROVEMENT COST REVENUE RESPONSIBILITY RESPONSIBILITY Street, Trail, and Storm $1,987,440.41 $725,289.60 $169,058.59" $1,093,092.22 Sewer Sanitary Sewer $127,707.74 Water Main $133,058.69 $48,670.50 $79,037.24 $144,386.47 ($11,327:78) R/W & Easement $2.297,079.95 -0- Acquisition Total $4,545,286.79 $918,346.57 CITY FUND AMOUNT Major Street Fund $1,191,357.59 Sanitary Sewer Utility Fund $79,037.24 John Gord , , P.E. 14 Reviewed Public Works Deparhnen' t Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I $1.035.166.78 $1,270,394.83 -0- -0- $1.261.913.17 $2,355,005.39 Dated 3 �-15 �!r1';Irx i.» \• •• � ,,YY - `Si. -.i5 �� ,l+�yx. 'y�y .may -.i Bi S'F•' r�3 ` �Y �^� - �t 5✓R"k?fi�14 iYt C�'»f^'5, 1 ✓-��a ...-itC� 1'3C:n: k'Cipl ^5 A �'..�. Y=A��` MIN �S3 L 1fVdRa#Id "AAY ]N tt� K' P�F"�"ktrf > ^.nf =t:4% b ✓.y S �3-4,G �. Y 1 �yYk JS l moi: He.uY.� nt�H �iM� t[=L`Wid4x�'F� � +'t .z xv�'y Y 3': �yC�� • 'f.IF`.i"fl5'� �+c�` S'!a.f L'f,?�. ��•k Civ • '"� �`'�� ""� M 3 ¢;a�. f�. �, 1 • 1 �� • • �SW`.:.Y.gN24:iYffiI6 � • _ Q I h u. t 11 Yankee •.• • Project .776 Assessment Map -, Final Assessment Roll Yankee Doodle Road Extension Streets and Utilities City Project No. 778 n1 156W2.325' m 1560'I2 nl 730T2. 335' (r) 730'12 TOTALS 5271 1940 Wes 43.077 $ 726,289.60 $ 40,05327 $ 104,33330 $ 48,670.60 $ 918,346.67 - CommAndus. Street & Storm Sewer Assessment Rate Non- Residential Trunk Water Main Owrrefze Rate Non - Recldential Water Main Lateral Rate San" Sewer Lateral Rate TOTAL ASSESSMENT Property Owner PID Frontage (FF) Water Main Length (FT) Sanitary Sewer Length (FT) Area (Aero) $137.601FP $201WAore $63381FT $46.701 FT 1. Gopher Smelting 8 Refining 10-30801.020-01 431 3.014 $ 58 305.60 $ 59 305.00 2. Lo Nidy Co. Ina 10.30601-030-01 336 3.424 $ 48 233.60 $ 48 233.60 3. Gopher Smelting S Refining 10-15550-010-01 613 3.784 i 84 348.80 $ 84 348.80 4. Gopher SmeWng 8 Refining 1001200-010-77 1274 1150 700 n) 9.931 $ 17b 302.40 S 19 981.31 $ 81 847.00 $ 31 990.00 $ 288100.71 5. F VI Iola F. 10-0120D-020.77 1294 790 305 9.996 $ 178 064.40 $ 20 091.95 $ 42 486.20 $ 16 680.50 $ 257 313.00 S. Industrial E uities Greu 10-30604-010-01 613 8.771 $ 64 348.80 $ 54 348.60 7. Shafer Contracting Co. Inc. 10-30600.141-01 243 1.195 $ 33438.80 S 33436.50 W. Shafer ContractingCo. Ina 1030600.151-01 199 0.988 $ 27 382.40 E 27 382.40 9. IShafer Contracting Co. Inc. 1030800.101-01 i 288 1.984 $ 36 876.80 $ 38,878.80 n1 156W2.325' m 1560'I2 nl 730T2. 335' (r) 730'12 TOTALS 5271 1940 Wes 43.077 $ 726,289.60 $ 40,05327 $ 104,33330 $ 48,670.60 $ 918,346.67 Combined Assessment Roll Project Number IOP776 Proposed Pending PID Addition Name Souse Nbr Street Name Assessment Assessment 10-01200-010-77 Section 12 $289,100.71 $301,264.21 10-01200-020-77 Section 12 $257,313.06 $271,278.06 10-15550-010-01 Burr Oak Business P 625 Yankee Doodle $84,348.80 $84,348.80 10-30600.141-01 Gopher Eagan Indus $33,436.80 $33,436.80 10-30600-151-01 Gopher Eagan Indus 634 Yankee Doodle $27,382.40 $27,382.40 1030600-161-01 Gopher Eagan Indus $36.876.80 $36'876.80 1D-30601-020-01 Gopher Eagan -Indus 338D Hwy 149 $59,305.60 $59,305.60 10.30601-030-01 Gopher Eagan Indus 635 Yankee Doodle. $46,233.60 $46,233.60 10-30604-010-01 Gopher Eagan Indus 580 Yankee Doodle $84,348.80 $84,348.80 ___._. _.___r. - -- ..._. _ _.. ^.. _._.__— _.._..__._.... Summary tor'SA_NbY= fOP776 (9 detail records) ___ ._.._._.—.._..._.__. _. Sum $918,346.57 $944,475.07 Variance $12,163.50 $13,965.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $28,128.50 Friday, December 01, 2006 Page 1 of LEONARD STREET AND DEINARD December 1, 2006 Mayor Pat Geagan City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 ISO SOUTH FIFTH STRUT SUM 2300 MINNBAPOLIS, MINNBSOTA SS402 612-335-ISOO MAIN 612-33S•1657 UK TIMOTHY d. KEANE 612-335-7192 tim.keane@leonard.com Re: City. of Eagan Project No. 776 — Yankee Doodle Road Extension Notice of Objection to Special Assessment for Project #1 OP776 Our File No. 59955.00001 Dear Mayor Geagan: This letter is offered on behalf of our client Virginia F. Fox and the Virginia F. Fox Trust by and through her power of attorney, Jackie Hoeft. The purpose of this letter is to file a notice of objection in the matter of the above -referenced project to the special assessment of $257,313.06 proposed to be levied against the property identified as PID 10-01200-020-77. Sincerely, LEONARD, STREET AND DEINARD Professional Association Timothy J. cane TJK:sf cc: Ms. Virginia F. Fox Ms. Jackie Hoeft Mr. Russ Matthys, P.E. (via fax 651-675-5694) Ms. Maria Petersen, City Clork James R. Dorsey, Esq. LAW OMCBS IN MINNBAPOUS • MANKATO • ST. CLOUD • WASHINGTON, U.C. i A Wasslonnl Astnclaum 3610079.1 7 W W W.LBONAxn.COM Agenda Information Memo December 4, 2006 Eagan City Council Meeting E PROJECT 877 LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 — Street Reconstruction and Overlay) and authorize its certification to Dakota County for collection. FACTS: • Project 877 provided for street rehabilitation to the north one mile of Lexington Avenue (County State Aid Highway' 43). The northern 1/3'd of this section was reconstructed and realigned when I -35E was built in 1983 and needed a structural maintenance mill and overlay as part of the project. The middle segment was over 35 years old with significant distresses and did not meet County structural design standards. This segment required a full reconstruction with new concrete curb and gutter. The southern segment was fully reconstructed in 1993 with the upgrade of the Lone Oak Road intersection and needed only a surface mill and overlay. • The City was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any reconstruction (i.e. middle section) and all new trail installations. The City's policy for financing this obligation is to levy a special assessment against the adjacent properties benefiting from these street upgrade improvements. The trail improvement is not assessable and will be financed from the City's Major Street and Trail Fund. • The final assessment roll was presented to the City Council on October 17, 2006, with a public hearing being scheduled for November 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. On November 9 the Council rescheduled the public hearing to December 4. The final assessments are approximately equal to the estimate contained in the Feasibility Report presented at the Public Hearing held on March 16, 2004. • All. notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held November 30, to address all property owners' questions or concerns and provide any additional information of interest. Of the 25 parcels (R-1, Office/Warehouse & Industrial) being assessed, one person representing one property attended the meeting. No objections have been received to date. ATTACHMENTS: • Final Assessment Report, pages 8A through 9D FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 877 Assessment: December 4, 2006 Name: Lexington Avenue (Lone Oak Rd to TH 55) Project Approval Date: March 16, 2004 Reconstruct/Mill & Overlay Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lot. Benefithrunk WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat Benefit/trunk ❑ WAC STORM SEWER ❑ Trunk Final Feasibility Rate Report Units $2,915 $2,915 / Lot $139.95$139.85 /F.F. $131.74$121.50 / S.Y. ❑ Service Pair STREET ❑ Gravel Base * Surfacing/ Signs ❑ Energy Charge Single -Family Res Comm & Indust ❑ Multi Family Equiv. ❑ C/I Equiv. ® Driveway Assessed Financed Comm & Indust Final Feasibility Rate Report Units $2,915 $2,915 / Lot $139.95$139.85 /F.F. $131.74$121.50 / S.Y. ❑ Service Pair I ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City/County Number Parcels Terms Rate Assessed Financed 04-04 25 10 Years 5.50% $282.900 F.R. $722,600 F.R. $311.383.00 $579.173.34 (F.R. = Feasibility Report) City of Badu �cmo To: Mayor and City Council From: Russ Matthys, City Engineer Date: November 15, 2006 Subject: Final Assessment Roll, Project 877 Lexington Avenue (Lone Oak Road to Trunk Highway 55) = Street Reconstruction & Overlay At the public hearing on March 16, 2004, the City Council ordered Project 877, and in accordance with the feasibility report, the following improvements were constructed: full pavement reconstruction, mill and overlay, replacement of traffic signage, trail construction, street lights, concrete driveway aprons and installation/replacement of curb and gutter for Lexington Avenue from Lone Oak Road to Trunk Highway 55, as needed. No sanitary sewer improvements were constructed. In the feasibility report,. it was proposed to assess 75% of the cost for the street reconstruction and signage improvements adjacent to low density/single-family residential lots, 100% of the cost adjacent to commercial/industrial properties, and not assess the cost for the street overlay to adjacent properties (100% cost responsibility of Dakota County), all in accordance with the City Special Assessment Policy. The improvements were completed under Contract 0404. The following information was used in the preparation of the assessment roll for Project 877. L PROJECT COST The construction cost includes the amount of $646,486.26 paid to the contractor for the construction of the improvements. Other project costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $244,070.08 were incurred resulting in an improvement and project cost of $890,55634. The detail of these other costs is provided on Schedule L These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASEBILM IMPROVEMENT COST COST REPORT Street Reconstruction $473,989.47 $178,946.80 $652,936.27 $681,485 Mill & Overlay 73,351.97 27,692.81 101,044.78 126,800 Curb & Gutter 50,431.90 19,039.72 69,471.62 121,000 Replace/repair Concrete Driveway Aprons 20,668.20 7,802.93 28,471.13 15,815 Utilities —6;757.65�- 2,551.24 9,308.89 - 23,400 Trail Construction 21.287.07 08.036.58 29.323.65 37.000 Totals $646,486.26 $244,070.08 $890,556.34 $1,005,500 99 iI. ASSESSMENTS A TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. ASSESSABLE IIMIPROVEMENTS 1. STREET WROVEMENTS The costs of the street improvements were computed using the following unit prices and quantities: Mobilization LS Clearing & Grubbing LS Remove Storm Sewer Pipe LIN FT Remove Bituminous Pavement SQ YD Remove Drainage Structure EACH Sawing Concrete Pavement LIN FT Sawing Bit Pavement (Full Depth) LIN FT Salvage Wooden Fence LIN FT Salvage Sign Type C EACH Salvage Mail Box Support EACH Salvage Mail Box EACH Common Excavation (P) CU YD Subgrade Excavation CU YD Select Granular Borrow (CV) CU YD Miscellaneous Equipment LS Aggregate Base (CV) Class 5 CU YD Type MV 3 Wear Course TON Type MV 2 Non Wear Course TON Type LV 2 Non Wear Course TON Bit Material For Tack Coat GALLON Adjust Gate Valve & Box EACH Construct Drainage Structure 48-4020 LIN FT Construct Drainage Structure 60-4020 LIN FT Casting Assembly EACH Adjust Casting - San MH EACH Concrete Curb & Gutter - B618 LIN FT Install Mail Box Support EACH Mail Box EACH Traffic Control LS Sign Panels Type C SQ FT Sign Panels Type D SQ FT Install Sign Type ,C EACH Relocate Sign EACH Pvmnt Message (Left Arrow) Epoxy EACH UNIT EXTENDED 1 $17,096.46 $17,096.46 1 1,922.00 1,922.00 8 7.00 56.00 11,735 1.20 14,082.00 3 195.00 585.00 16 5.05 80.80 436 3.75 1,635.00 15 18.50 277.50 20 20.80 416.00 18 26.00 468.00 21 5.20 109.20 4,433.64 10.00 44,336.39 8,422 7.00 58,954.00 8,422 7.75 65,270.50 1 2,487.50 2,487.50 3,408.5 17.90 61,012.15 1,013.06 40.50 41,028.93 1,809.26 40.20 72,732.25 1,574.73 34.35 54,091.98 1,811.70 1.25 2,264.63 7 210.00 1,470.00 9.97 245.00 2,442.65 7 310.00 2,170.00 3 400.00 1,200.00 9 425.00 3,825.00 3,148 9.10 28,646.80 19.00 90.00 1,710.00 21.00 20.80 436.80 1 37,000.00 16,039.50 118.50 25.00 2,962.50 42.76 26.00 1,111.76 10.00 8850 885.00 1.00 182.00 182.00 7.50 .131.00 982.50 Pvmnt Message (Rr Crossing) Epoxy EACH 4.50 525.00 2,362.50 Pvmnt Message (Left Arrow) Preform EACH 2.00 312.00 624.00 Pvmnt Message (Rt Arrow) Preform EACH 1.32 312.00 411.84 4" Solid Line White -Paint LIN FT 6,037 0.31 1,871.47 4" Double Solid Line Yellow -Paint LIN FT 3,342 0.32 1,069.44 4" Solid Line White -Epoxy LIN FT 3,274 0.30 982.20 12" Solid Line White -Epoxy LIN FT 191 6.25 1,193.75 24" Solid Line White -Epoxy LIN FT 115 7.30 839.50 4" Broken Line White -Epoxy , LIN FT 2,530 0.30 759.00 4" Solid Line Yellow -Epoxy LIN FT 7,448 0.30 2,234.40 24" Solid Line Yellow -Epoxy LIN FT 17 5.15 87.55 Seeding ACRE 0.50 203.00 101.50 Sodding Type Lawn SQ YD 3,453.5 2.20 7,597.76 Commercial Fertilizer 22-5-10 POUND 50 0.55 27.50 Removable Preform Plastic Marking LIN FT 128 0.75 96.00 SUBTOTAL $527,904.14 Other costs @ 37.75% $199,301.38 Street Improvement Cost $727,205.52 2. DRIVEWAY IMPROVEMENTS The costs of the driveway improvements were computed using the following unit prices and quantities: UNIT EXTENDED Remove Driveway Concrete Pvmnt SY 198 $5.90 $1,168.20 6" Concrete Driveway Pavement SY 500 39.00 19,500.00 SUBTOTAL $20,668.20 Other costs @ 37.75% $7,802.93 Driveway Improvement Cost $28,471.13 C. IMPROVEMENT AND -ASSESSMENT RATES The assessable properties within the project area include a mixture of low-density residential, commercial and industrial. The improvement costs and assessment rates for the various properties are computed as follows: 102 Thirteen residential equivalent properties within the project area are low-density residential with direct driveway access to the reconstructed segment of street. 456 feet of residential property is not assessable as the property does not take access to Lexington Avenue. The improvement rates for these low-density residential properties, based on a residential street equivalent (32/52), are computed as follows; however the assessment rates are capped at the appraisal rate of $2,915.00: Street Improvement Costs = $727,205.52 Total Low -Density Residential Frontage w/ direct access = 1,269/ 3,731 (Total F.F.) = 34.0% Total Improvement Cost (Low -Density) = $727,205.52 x 34.0% x 32/52 = $152,208.94 TOTAL P"ROVEMENT ASSESSABLE COST UNITS IWROVEMENT RATE $152,208.94 EUPROVEMENT RATE $11,70838/ Lot 13 Lots ASSESSABLE PORTION X 75% $11,708.38/Lot ASSESSMENT RATE $8,781.29/Lot Appraisal $2,915/Lot 2. Four commercial/industrial properties within the project area have direct driveway access to the reconstructed portion of Lexington Avenue. These parcels are proposed to be assessed based on their common property's front footage adjacent to Lexington Avenue. The improvement rates for these commercial/industrial properties are computed as follows; however the assessment rates are capped at the Fee Schedule (2004) rate of $139.85 per front foot: Street Improvement Costs = $727,205.52 Total Commercial/Industrial Frontage =1,752/ 3,731 (Total F.F.) = 47.0% Total Improvement Cost (Commercial/Industrial) = $727,205.52 x 47.0% = $341,480.59 I TOTAL UVIPROVEMENT ASSESSABLE COST UNITS ASSESSMENT RATE $341,480.59 1,752 F.F. $194.91/ F.F. Fee Schedule $139.85/ F.F. 3. Four commercial/industrial businesses within the project area had standard concrete commercial/industrial driveway aprons constructed as part of the project. The relevant parcels are proposed to be assessed based on the actual cost of the driveway apron construction for each parcel. TOTAL IMPROVEMENT ASSESSABLE COST UNITS ASSESSMENT RATE $28,471.13 216.11 S.Y. r $131.74/ S.Y. D. ASSESSMENT TERMS The assessments are. proposed for a term of 10 years. The interest rate is 5.50% per annum on the unpaid balance. III. CITY REVENUES/ RESPONSIBUM U"ROVEMENT ASSESSMENT CITY/COUNTY Street Reconstruct ion $652,936.27 $282,913.00 $370,023.2; Mill & Overlay 101,044.78 0.00 101,044.78 Curb & Gutter Replace/repair 69,471.62 0.00 69,471.62 Concrete Driveway Aprons 28,471.13 28,470.00 1.13 Utilities 9,308.89 0.0.0 9,308.89 Trail Construction 29.323.65 0.00 29.323.65 Total $890,55634 $311,383.00 $579,173.34 FUND AMOUNT Major Street Fund $147,281.66 Storm Sewer Fund $9,308.89 Dakota Co Transportation $422,582.79 g_ vit'l I (� Russ Matthys, P.E. Reviewed: i l6k lic Works Departmenth /2- /- o(o Dated Dated o Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant REs Combined Assessment Roll Project Number 1OP877 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment variance 10-00200-010.31 2725 Highway 55 $7,319.00 $16,038.00 $8,719.00 10-00300-010-77 Section 3 2977 Lexington Ave $2,915.00 $2,915.00 $0.00 , 10-00300-020-75 Section 3 2837 Lexington Ave $2,915.00 $2,915.00 $0.00 1000300-020-76 Section 3 2875 Lexington Ave $2,915.00 $2,915.00 $0.00 10.00300-030-75 Section 3 2849 Lexington Ave $2,915.00 $2,915.00 $0.00 10.22501-152-00 Eagandale Center In 2950 Lexington Ave $77,949.00 $75,519.00 ($2,430.00) 10.22509-010-01 Eagandale Center In 2905 Lexington Ave $74,540.00 $74,540.00 $0.00 10.22509-020-01 Eagandale Center In 2935 Lexington Ave $38,179.00 $38,179.00 $0.00 10.47750-150-01 Me Kee 2816 Lexington Ave $2,915.00 $2,915.00 $0.00 10-07750-150-02 Me Kee 2830 Lexington Ave $2,915.00 $2,915.00 $0.00 1047750-150-03 Me Kee 2856 Lexington Ave $2,915.00 $2,915.00 $0.00 1047750160-02 Mc Kee 2836 Lexington Ave $2,915.00 $2,915.00 $0.00 10.47750170-02 Mc Kee 2842 Lexington Ave $2,915.00 $2,915.00 $0.00 10.47751-120-02 Me Kee 2nd 2882 Lexington Ave $2,915.00 $2,915.00 . $0.00 10-47751-130-01 Me Kee 2nd 2862 Lexington Ave $2,915.00 $2;915.00 $0.00 10-47752-110-01 Mc Kee 3rd 2888 Lexington Ave $2,915.00 $2,915.00 $0.00 10-47752-110-02 Me Kee 3rd .2896 Lexington Ave $2,915.00 $2,915.00 $0.00 1051700-01001 Northern Power Prod 2859 Lexington Ave $56,779.00 $56,779.00 $0.00 1057750040-00 Plainview 2750 Lexington Ave $4,289.00 $12,636.00 $8,347.00 1057750-050-00 Plainview 2750 Lexington Ave $5,387.00 $7,169.00 $1,782.00 1057750-07000 Plainview 2804 Lexington Ave $9,046.00 $8,019.00 ($1,027.00) Summary for'SA Nbe = W877 (21 detail records) Sum $311,383,00 $326,774.00 $15,391.00 Wednesday, November 15, 2006 Page 1 of Appendix B -2A Preliminary Assessement Roll Lexington Avenue -Lone Oak Road to TH 55 City Project No. 877 Revised 3-16-04 CommerciaVlndustrial Assessment Address Parcel P.I.N. Driveway Area (sq yds)Rate Assessment Total Assessment 2750 Lexington Avenue 10-57750-040-00 104 $121.50 $12,636 2750 Lexington Avenue 10-57750-050-00 59 $121.50 $7,169 2804 Lexington Avenue 10-57750-070-00 66 $121.50 $8,019 2990 Lexington Avenue 10-13600-010-01 60 $121.50 $7,290 2725 Hwy 55 10-00200-010-31 132 $121.50 $16,038 Final Assessement Roll Lexington Avenue -Lone Oak Road to TH 55 City Project No. 877 Updated 11-8-0.6 Commercial/Industrial Assessment Address Parcel P.I.N. Driveway Area (sq yds)Rate Assessment Total Assessment 2750 Lexington Avenue 10-57750-040-00 32.56 $131.74 $4,289 2750 Lexington Avenue 10-57750-050-00 40.89 $131.74 $5,387 2804 Lexington Avenue 10-5775 -070-00 68.67 $131.74 $9,046 2990 Lexington Avenue 10-13600410-01 0.00 $131.74 $0 2725 Hwy 55 10-00200-010-31 55.56 $131.74 $7,319 2950 Lexington Avenue 10-22501-152-00 1 18.44 1 $131.741 $2,430 1945.00 . $28,470 G:\Russ Matthys\'04\Misc\Prof 877, Drwy Assess, 3-16-04 Combined Assessment Roll Project Number 1OP877 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment 10-00200-010-31 2725 Highway 55 $7,319.00 $16,038.00 10-00300-010-77 Section 3 2977 Lexington Ave $2,915.00 $2,915.00 10-00300-020-75 Section 3 2837 Lexington Ave $2,915.00 $2,915.00 10-00300-020.76 Secton 3 2875 Lexington Ave $2,915.00 $2,915.00 10-00300-030.75 Section 3 2849 Lexington Ave $2,915.00 $2,915.00 10.22501-152-00 Eagandale Center In 2950 Lexington Ave $77,949.00 $75,519.00 -10-22509.010=01 Eagandale Center In 2905 Lexington Ave $74,540.00 $74,540.00 10-22509-020-01 Eagandale Center In 2935 Lexington Ave $38,179.00 $38,179.00 1047750-150-01 Mc Kee 2816 Lexington Ave $2,915.00 $2,915.00 1047750-150-02 Mc Kee 2830 Lexington Ave $2,915.00 $2,915.00 1047750-150-03 Mc Kee 2856 Lexington Ave $4915.00. $2,915.00 10.47750-160.02 Mc Kee 2836 Lexington Ave $2,915.00 $2,915.00 1047750-170-02 Mc Kee 2842 Lexington Ave $2,915.00 $2,915.00 10-47751-120-02 Mc Kee 2nd 2882 Lexington Ave $2,915.00 $2,915.00 1047751-130-01 Mc Kee 2nd 2862 Lexington Ave $2,915.00 $2,915.00 1047752-110-01 Mc Kee 3rd 2888 Lexington Ave $2,915.00 $2,915.00 1047752-11002 Mc Kee 3rd 2896 Lexington Ave $2,915.00 $2,915.00 1051700-010-01 Northern Power Prod 2859 Lexington Ave $56,779.00 $56,779.00 1057750-040-00 Plainview 2750 Lexington Ade - $4,289.00 $12,636.00 10-57750-050-00 Plainview 2750 Lexington Ave $5,387.00 $7,169.00 10-57750-070-00 Plainview 2804 Lexington Ave $9,046.00 $8,019.00 Summarytor'SA_Nb/ = 10P877 (21 detail records) Sum $311,383.00 $326,774.00 Variance $8,719.00 $0.00 $0.00 $0.00 $0.00 ($2,430.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,347.00 $1,782.00 ($1,027.00) $15,391.00 Friday, December 01, 2006 a Page I of 1� Agenda Information Memo December 4, 2006 Eagan City Council Meeting F. PROJECT 928, MEADOW VIEW ROAD/ ALEXANDER ROAD' STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the. Final Assessment Roll for Project 928 (Meadowview Road/ Alexander Road - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 928 provided for upgrade of Meadowview Road to current City standards and realignment/resurfacing of Alexander Road, located west of Highway 13 in northwest Eagan. The project also provided for the construction of concrete entrance aprons to commercial/ industrial properties along both streets. • The Final Assessment Roll was presented to the City Council on October 3, 2006, with a public hearing originally scheduled for November 9 to formally present the final costs associated with this public improvement to the affected benefiting properties. • As a result of questions raised prior to and at the November 2 informational meeting regarding the final assessment amounts and allocation methodology, the assessments were reviewed and the Final Assessment Roll revised. This required re -notification of all property owners and rescheduling of the public hearing to a new date of December 4, 2006. • The final assessment cost is approximately 37% more than the estimated benefit amounts that were presented at the original Public Hearing February 21, 2006, due to higher than anticipated construction and contract management costs. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. An additional informational meeting was held on November 30 to address all property owners' questions or concerns and provide any additional information of interest. • Of the 10 parcels (all Commercial/ Industrial) being assessed, one property owner attended the meeting. City staff discussed the method of assessment with the property owner. ATTACHMENTS: • Final Assessment Report, pagesr l through L(A. FINAL ASSESSMENT HEARING -PROJECT PUBLIC HEARING DATES Number: Project 928 Assessment: December 4, 2006 Name: Meadowview Road Street Upgrade • Project Approval Date: February 21, 2006 Alexander Road Mill & Overlay Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lateral Benefit WATER City STREET Financed* 5.50% $275.670 F.R. ❑ Trunk ❑ Gravel Base (F.R = Feasibility Report) ❑ Lateral 0 Surfacing/ Signs $23.342.75/ 81.84/ Meadowview D/W '1$ 5.85 $21.12 /F.F. Alexander ❑ Service ❑ Multi Fatuity Equiv. ❑ Lat Benefit/trunk sem---• .. _ . ❑ WAC ❑ C/I Equiv. H Concrete Driveway6$ 9.356$ 1.42 /S.Y. Replaced OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Number Parcels Terms 0606=02 10 15 Years Interest Amount City Rate Assessed* Financed* 5.50% $275.670 F.R. $88,050 F.R $379.007.94 $71500.94 (F.R = Feasibility Report) gab 'T'o City of Eap Meso To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: November 14, 2006 Subject: Final Assessment Roll, Project 928 Meadowview Road/ Alexander Road Street Improvements At the public hearing on February 21, 2006, the City Council ordered Project 928mprovements were con, and in accordance with the feasibility of Meadowview Road to standards with corepoM ncretehe lcub &lowing 'gutter, bituminous aving, the ill and overlay lay of Alexander Road, the re -alignment street aatportion of Alexander Road, the installation of standard concrete driveway entrances on Meadowview and Alexander, and replacement of traffic and street signage for Meadowview and Alexander Roads. The proposed abandonment of a portion of sanitary sewer was later determined to be unnecessary and not feasible and, therefore, not performed. In the feasibility report, it was proposed to assess 100% of the street upgrade and signage improvements on Meadowview Road, up to the rate identified in the 2006 Fee Schedule, in accordance with the City Special Assessment Policy. However, due to the significant variances in individual lot frontage, and the recognizable similarity in benefits to each property based on their existing (or potential) driveway connections, the final assessment roll is based on "driveway equivalent" rather than Fee Schedule rates of actual frontage. It was also proposed to assess 100% of the overlay and signage improvements on Alexander Road, and 100% of the concrete entrance improvements on both Meadowview and Alexander Roads, in accordance with the City Special Assessment Policy. The improvements were completed under Contract 06-02. The following information was used in the preparation of the assessment roll for Project 928. L PROJECT COST The construction cost includes.the amount of $338,510.92 paid to the contractors for the construction of the improvements. Traffic and street signage was installed ata cost of $1,637.26. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $113,196.72 were incurred resulting in an improvement and project cost of $451,707.64. The detail of these other costs is provided on Schedule L These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT CONSTRUCTION OTEER IMPROVEMENT FEASIBILITY Street Upgrade/Sign COST COSTS COST REPORT Replace (Meadowview) $192,248.16 $64,522.13 $256,770.29 $181,200 Street Resurfacing/Sign Sign Replace (Alexander) $25,288.65 $8,263.36 $33,552.01 $44,720 Alexander Rd. Curve Realign $42,244.78 $13,923.20 $56,167.98 $57,100 Concrete Entrance Aprons $67,232.06 $22,639.34 $89,871.40 $49,700 C & G Repair (Alexander) $11,497.27 $3,848.69 $15,345.96 $23,550 Sanitary Sewer Abandonment ` $7,400 Totals $338,510.92 $113,1%.72 $451,707.64 $363,720 am II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk improvements were installed under this project, therefore, trunk assessments are not proposed in this assessment roll. B. STREET IMPROVEMENTS -MEADOWVIEWROAD/ ALEXANDER ROAD 1. Meadowview Road - The costs of the street upgrade and street signage improvements on the 367foot wide commercial/industrial street was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $2,840 $2,840.00 Clearing Tree 7 $50.00 350.00 Grubbing Tree 7 $50.00 350.00 Remove Bituminous Driveway Pvmt. SY 803 $4.56 $3,661.68 Common Excavation CY 673 $5.85 $3,937.05 Granular Borrow (LV) CY 1030 $13.75 $14,162.50 Common Borrow (LV) CY 1690 $7.60 $12,844.00 Modular Block Retaining Wall SF 0 $22.60 0 Remove Concrete Culvert Pipes & FES LF 22 $15.75 $346.50 Remove Corrugated Metal Pipes & FES LF 265 $8.40 $2,226.00 Remove Concrete FES EA 2 $265.00 $530.00 Bulkhead Concrete Pipe EA 2 $788.00 $1,576.00 Salvage Hydrant EA 2 $945.00 $1,890.00 Connect to Existing Storm Manhole/Catch Basin EA 6 $840.00 $5,040.00 12" RC Pipe Sewer Design 3006, Cl. V LF 109 $45.15 $4,921.35 rnnctniet rAtch Rasin w/este. (Std. Plate 232 Construct Storm Manhole over Ex. Pipe (w/cstg.) Class V Aggregate Base, 100% Crushed B618 Concrete Curb & Gutter Type LVNW35030C Non -Wearing Course Mixture (3") Type LVNW45030C Wearing Course Mixture (1 1/2") Bituminous Material for Tack Coat Adjust Water Valve Box Repair Gate Valve Top Section w/Cover (SP 100) Gate Valve Nut Ext. Repair Gate Valve Mid Section w/Cover (SP 100) Hydrant (10' bury) Hydrant EA 3 $2,162.00 $6,486.00 EA 2 $2,318.00 $4,636.00 TN 2,385.65 $12.16 $29,009.50 LF 1,714 8.46 $14,500.44 TN 622.93 $41.25 $25,695.86 TN 392.64 $45.97 $18,049.66 GAL . 250 $1.50 $375.00 EA 1 $100.00 $100.00 EA 4 $143.00 $572.00 LF 4 $158.00 $632.00 EA 5 $200.00 $1,000.00 EA 1 $2,730.00 $2,730.00 EA 1 $2,310.00 $2,310.00 P4 Adjust Frame & Ring Casting (MH - Complete Rings Install Casting Reconstruct Manhole Seeding, Type MnDOT 270 Mulch Material, Type 1 Sodding, Highland Type Lawn - Salt Resistant Select Topsoil Borrow (LV) 4" Double Solid Line Yellow - Epoxy Silt Fence, Machine -Sliced Traffic Control Replace Traffic Signs SUBTOTAL Other costs @32.8% EA 4 $295.00 $1,180.00 EA 7 $428.00 $2,996.00 LF 19.42 $252.00 $4,893.84 AC 0.8 $3,150.00 $2,520.00 TN 1.6 $367.50 $588.00 SY 969 5.57 $5,397.33 CY 330.37 $22.05 $7,284.66 LF 1107 $0.38 $420.66 LF 1,521 $2.50 $3,802.50 LS 1 $1,575.00 $1,575.00 LS 1 $818.63 $818.63 $192,248.16 $64,522.13 Meadowview Upgrade/ Street Signs 36' Street $256,770.29 2. Alexander Road - The costs of the street overlay and street signage improvements on the 44 -foot wide commercial/ industrial street were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization Repair Sprinkler System Mill Bituminous Pvmt. (1'/." depth) Type LV WE45030B Wearing Course Mixture Bituminous Material for Tack Coat Repair GV Top Seot. w/Cover (SP 100) Adjust Frame & Ring Casting __..._ _. �►(_.I`efe Rings) Remove & Replace MH Casting/Rings (1642B) Adjust MH Casting - Riser Adjustment 4" Double Solid Line Yellow - Epoxy Traffic Control Pavement Message - Lt./fhru Replace Traffic Signs SUBTOTAL Other costs @ 32.8% Alexander Mill & Overlay/ Street LS 1 $2,000.00 $2,000.00 EA 1 $60.00 $60.00 SY 1,710 $1.25 $2,137.50 TN 431.68 $39.95 $17,245.62 GAL 400 $1,50 $600.00 EA 1 $143.00 $143.00 EA 1 $295.00 $295.00 EA 1 $500.00 $500.00 EA 0 $140.00 0 LF 1155 $0.38 $438.90 LS 1 $1,050.00 $1,050.00 EA 1 $183.75 $183.75 LS --__ 1... $818.63 $818.63 44' Street 3 15 $25,288.65 $8,263.36 $33,552.01 3. Commercial/Industrial Properties with Driveway Entrance - The assessments for driveway replacement were computed using the total costs to replace the driveways with improved concrete entrance. UNIT EXTENDED ITEM UNIT QTY PRICE COST . Remove Bituminous Pavement Type LV WE45030BWear Course Driveway Patch Remove & Replace Casting (Manhole Common Excavation Aggregate Base. CL. 5 7" Concrete Driveway Entrance Apron Sodding, Type Lawn (Highland) Topsoil Borrow Remove Concrete Curb & Gutter SUBTOTAL Other costs Q 32.8% Concrete Entrance Aprons SY 935 $4.56 $4,263.60 SY 527 $20.25 $10,671.75 EA 1 $500.00 $500.00 CY 25 $10.00 $250.00 TON 50 $20.00 $1,000.00 SY 1,296 $34.81 $45,113.76 SY 238 $7.15 $1,701.70 CY 20 $22.05 $441.00 LF 615 $5.35 $3,290.25 $67,232.06 $22,639.34 $89,871.40 C. IIMYROVEMENT AND ASSESSMENT RATES 1. Meadowview Road -Eight commercial/ industrial properties within the project area have direct driveway access to Meadowview. The upgrade improvement assessment rate for these properties is proposed based on the number of existing and potential driveway accesses to Meadowview Road. There are eleven existing and potential driveway accesses onto this street improvement. The assessment rate is calculated as follows: Total Meadowview Road Improvement Cost = $256,770.29 Assessment Rate = $256,770.29/ 11 Driveways = $23,242.75/ Driveway 2. Alexander Road –Six commercial/ industrial properties within the project area have direct driveway access to Alexander. These properties are proposed to be assessed based on their front footage adjacent to Alexander Road. The improvement and assessment rate for these properties is computed as follows: Mill & Overlay/ Sign Costs = $33,352.01 Total Frontage = 2,117 Front Feet Total Improvement Cost Rate = $33,552.01/ 2,117 = $15.85/ F.F. 3. Concrete Entrance Aprons – Eight driveways to commercial/ industrial properties were replaced with new concrete entrance aprons. The improvement and assessment rate per square yard for concrete entrance — aprons were computed as follows: Concrete Entrance Apron Costs = $89,871.40/ 1,296 S.Y. = $6935/ S.Y. D. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. 4 MA III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT COST ASSESSMENT REVENUE CITY RESPONSIBILITY Meadowview Rd. $256,770.29 $256,770.29 0 Alexander Rd. $33,352.38 $32,365.70 $987.00 Alexander Rd. Realignment $56,167.98 0 $56,167.98 Concrete Entrance Aprons $89,871.40 $89,871.40 0 Curb & Gutter Repair $15,345.96 0$15,345.96 TOTALS $451,508.01 $379,007.39 $ 72,500.94 . FUND AMOUNT Major Street Fund $72,500.94 Jobni Gorder, P.E. V Reviewed Public Works Department it -30--0(11 Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Dated 5 0 l'2--1 -01:7 Appendix B - City Project No. 928 Final Assessment Roll (12/4/06) Meadowview Road/ Alexander Road Street Improvements * ConcreteDriveway Replacement Rate = $69.35/ S.Y. ** Includes 75' Corner Lot Credit for Parcel 10-39900-010-02 L/Enginmring/JG/928 12-04-06 Meadowview Road Alexander Road TOTAL # Street Street D/W D/W Street Street D/W D/W ASSMT P.I.N. / Parcel D/W's Rate/D.W. Assmt S.Y.** Assmt F.F. Rate/F.F. Assmt S.Y.** Assmt 10-00800-010-04 1 Vacant 1 $23,342.75 $23,342.75 88.3 $6,123.61 — — — — $29,466.36 10-00800-030-04 3083 Sibley Memorial Highway 1 $23,342.75 $23,342.75 — -- — - - $23,342.75 10-00900-010-26 3045 Highway 13 2 $23,342.75 1 $46,685.50 179.5 $12448.33 — — — — - $59,133.83 10-22480-010-01 I 3103 SibleyHi Memorial wa 1.5 $23,342.75 $35,014.13 341.0 $23,648.35 447 $15.85 $7,084.95 — -- $65,747.43 10-22480-020-01 3107 Sibley Memorial Highway 2.5 $23,342.75 $58,356.88 226.5 $15,707.78 180 $15.85 $2,853.00 — -- $76,917.66 10-39900-010-02 Vacant 1 $23,342.75 $23,342.75 56.4 $3,911.34 310 $15.85 $4,913.50 — — $32,167.59 10-48100-050-00 3105 Sibley Memorial Highway.1 $23,342.75 $23,342.75 -- 24 $15.85 $380.40 -- $23,723.15 10-78500-010-01 3085 Highway 13* 1 $23,342.75 1 $23,342.75 65.0 $4,507.75 — -- — - $27,850.50 10-68050-010-01 1710 Alexander Road — — — — — 293 $15.85 $4,644.05 208 $14,424.80 $19,068.85 10-80220-010-01 1720 Alexander Road — -- - 788 $15.85 $12,489.80 131.3 $9,105.66 $21,595.46 TOTALS 11 — $256,770.29 956.7 $66,387.16 2,117** — $32,365.70 339.3 $23,530.46 $379,007.0 * ConcreteDriveway Replacement Rate = $69.35/ S.Y. ** Includes 75' Corner Lot Credit for Parcel 10-39900-010-02 L/Enginmring/JG/928 12-04-06 I Final Assessment Roll ' Yankee Doodle Road Extension j Streets and Udlitles jj City Project No. 776 Irr 1580112+325' RI 1580'2 6I 730'2 + 335' I4I 730'2 TOTALS. 6271 1040 1066 43.077 S 726,286.60 $ 40,063.27 $ 104,333.20 $ 48,870.60 $ 818,346.87 - � . ., CommAndus. Street & Storm Sewer Assessment Rate Non- .Residential Trunk Water Main Oversize Rate I Non - Residential Water Main Lateral Rate Sanitary Sewer Lateral Rate TOTAL ASSESSMENT Properly Owner PID Frontage (FF) Water Main Length (F7) Sanitary Sewer Length (FT) Area (Acre) $137.901FF $2010/Acm $53.7SIFT $45.701 FT 1. Gopher Smelling & Refining 1630601-020-01 431 3.014 $ 59 305.80 1 1$ 59 305.60 2. Lo Nindy Co. Inc. 1030801.030-01 338 3.424 $ 48 233.80 $ 48233.60 3. Gopher Smelting & Refining 10.15550-010-01 813 3.784 $ 84 348.80 $ 84 348.80 4. Gopher Smeltina & Refining 10-01200-010-77 1274 1150 91, 700 9.931 $ 175 302.40 $ 19,951.31 $ 81 047.00 $ 31,99D.00 $ 28D 100.71 i S. Foy, Mrginla F. 10-01200-020-77 1294 790 385 9.996 $ 178 054.40 $ 20 091.96 S 42,486.20 S 18 680.50 $ 267 313.00 6. Industrial E uitles Group 1030804-010-01 613 8.771 $ 84 348.80 8.80 $R$2 i 7. Shafer Contracting Co. hxa 1030800-141-01 243 1.195 $ 33436.80 $6.80 8. Shafer Contracting Co. Ina 1030000-151-01 199 0.968 $ 27 382.40 2.409. ShaferContrectln Co. Inc. 1030600.181-01 268 1.984 S 36076.80 6.80 Irr 1580112+325' RI 1580'2 6I 730'2 + 335' I4I 730'2 TOTALS. 6271 1040 1066 43.077 S 726,286.60 $ 40,063.27 $ 104,333.20 $ 48,870.60 $ 818,346.87 LEGEND STREET UPGRADE • DWY ACCESS -MEADOVMEW $ 23,342 / DWY STREET OVERLAY ASSESSMENT ALEXANDER-$ 15.85F.F. X CONCRETE ENTRANCE APRON $ 69.35 /S.Y. STATE OF MINNESOTA COLI 10J R Wt E S NO SCALE viect and 010-04 1 #3045/ 030-04 i / Z #3083 / X�JSx M A DOW V IE ylvl� #330^A4 43107 Alexander Rd. / Meadowview Rd. 10/26/06 City of Eap Assessment Map Project 928 D Engineering Department Combined Assessment Roll Project Number IOP928 PID Addition Name House Nbr Street Name 10-00800-010-04 Section 8 3087 Sibley Memorial 10-00800.030-04 Section 8 3083 Sibley Memorial 10-00900-010-26 Section 9 3045 Hwy 13 10.22460-010-01 Eagan -13 Industrial 10-22480-020-01 Eagan -13 Industrial 10.39900.010-02 R L Johnson 1st 10.48100-050-00 Meadow View 3105 10.68050-010-01 Sibley Terminallndu 1.710 10-78500-010-01 Tyler Jay Addition 1725 10-80220-010-01 United Stationers Ad 1720 Summary for'SA_Nbe = 10P928 (10 detail records) Sum Sibley Memorial Alexander Rd Meadow View R Alexander Rd Proposed Assessment $29,466.36 $23,342.75 $59,133.83 $65,747.43 $76,917.66 $32,167.59 $23,723.15 $19,068.85 $27,850.50 $21,595.46 $379,013.58 Pending Assessment $8,738.00 $31,263.00 $52,668.00 $45,769.00 $36,828.00 $26,445.00 $12,783.00 $12,330.00 $25,741.00 $23,092.00 $275,657.00 Variance ($20,728.36) $7,920.25 ($6,465.83) ($19,978.43) ($40,089.66) ($5,722.59) ($10,940.15) ($6,738.85) ($2,109.50) $1,496.54 ($103,356.$B) Wednesday, November 29, 2006 Page I of I �C� Agenda Information Memo December 4, 2006, Eagan City Council Meeting A. CONDITIONAL USE PERMIT AND VARIANCE — RICHARD SKINN ACTIONS -TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for outdoor storage, for property located at 4890 Biscayne Avenue; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Variance of a 40 -foot rear yard and 94 -foot side yard setback requirement, for outdoor storage on property located at 4890 Biscayne Avenue in the SE'/< of Section 36, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant's proposal includes outdoor storage of steel racks, which are 10 feet in height, a steel loading/unloading area and a cart for recycling scrap metal. ➢ Many studies, most recently in 2001, determined the area should remain Industrial. ➢ Outdoor storage is an approved use in the Industrial Zoning district. ➢ The variances appear to be directly related to the outdoor storage component of the proposal. ➢ This item was heard as a public hearing before the Advisory Planning Commission on November 28, 2006. The APC recommended approval of both the Conditional Use Permit and Variance. ISSUES: ➢ A neighbor at the public hearing stated concern with the noise associated with the outdoor operations, hours of operation and compatibility of use with adjacent property. ➢ Staff has determined that if the adjacent property to the south, which is the north half of the vacated ROW of 117* Street/Gun Club Road, is owned by the applicant, a condition of approval (condition number 8) should be added requiring the applicant to replat the existing lot -and ffe vacated ROW into a single parcel. 60 DAY STATUS: December 16, 2006 ATTACHMENTS (2): Draft APC minutes on pages I 1z through 104. Staff report on pages through ) jL. November 28; 2006 Page 2 IV. PUBLIC HEARINGS New Business A. Sierra Metals Inc Applicant Name:Richard Skinn Location:4890 Biscayne Ave; Lot 1, Block 2, Halley's 1 st Addition Application:Conditional Use Permit A Conditional Use Permit to allow outdoor storage of oversized s,el and a recycling container. cid File Number: 36 -CU -09-10-06 Planner Schield introduced this item and highlighted.the`information presented in the City Staff report dated November 21, 2006. She nq$66the'background and history. y Don Weber, owner of Sierra Metals, stated t fr hout tFta variance, he`w tl Abe unable to conduct business in the City of Eagan'_ Richard Skinn, owner of the property discussed spacet(33�feet) adjacent to Gun Club Road and asked if the property couldf&reverted to him: - 4'City Planner Ridley stated that Mr. Skinn would need to submit a"petlt�on to vacate the r &wraith the Engineering Department. :y Chair Hansen opened the=py4lic hearing. � � a t ter ;,i Brent Koth, 545 S L� de�Streei�expressed concern over noise coming from the site early in the moming, and th' size of t,tne requested var(a'nce being excessive. He also stated that consideration show`Id lae;git em?to::commuOjty`activities at the adjacent ball field. There' ment, Chair Hansen closed the public hearing and turned the discussion'ba¢k to the'Commission. The orooeftWowner stat6&dDeratidns could be conducted after 8:00 a.m. that the wording "on the property" be added to condition 2 of Commissioner_ KeeOV-questioned if overnight storage would occur in the loading area. The applicant stated that it can be arranged that no overnight storage will occur. Member Chavez moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit (CUP) for outdoor storage which would include the use of steel racks, a loading/unloading area, and a cart for recycling scrap metal, on property located at 4890 Biscayne Avenue in the SE'/< of Section 36 subject to the following conditions: O� November 28, 2006 Page 3 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A six-foot tall wooden privacy fence along the east and south perimeter of the property shall be installed no later than July 1, 2007. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 18, 2006. 4. The outdoor storage of bumpers and related materials toy tftebusinesses must be located within the approved outdoor storage areas. .\„ t1 5. A trash enclosure must be constructed, per City C'gde requlfements, no later than July 1, 2007.'"A V 6. All parking and storage areas shall be properly maintained to prevent=daerioration. 7. Outdoor operations shall be limited to between the houeg'bf 8 a.m. an A vote was taken. Motion carried: 5,'O,,Zoberi and Member Chavez moved, Member Hea � e�r4sebinded a motio'JiZ16recommend approval of a 40 -foot rear yard and 94 -foot side yard setbaci-variancerto allow outdoor storage di .,h, which would include the use of steel racks;p I dmgfuri)oading area, and a cart for recycling scrap metal, on pPoperty located at 4890 Biscayne Avenue in the SE % of Section 36 subject twthe fo,116Wing condition's as amended: 1. If within one yeara, „r approval, the var`ie shall not have been completed or utilized,. it shall becot;�� ull'a vold2 unless a petition for extension has been granted(;hy thb, cbupcil. b exten'sionvshall be requested in writing at least 30 days before expiration4fid,shall state facts showing a good faith attempt to complete or uttliie.the use oermW&l in the uarlance.- 2. The hei'ght;,of the outdoor storage shall be screened via landscaping or the privacy fence on''th&rproPerty. A vote was taken:' yltll'otiai'carried: 5-0. Zoben and Feller opposed. J D� PLANNING REPORT CITY OF EAGAN REPORT DATE: November 21, 2006 APPLICANT: Richard Skinn PROPERTY OWNER: Richard Skinn REQUEST: Conditional Use Permit/Variance' LOCATION: 4890 Biscayne Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST CASE: 36 -CU -09-10-06 HEARING DATE: November 28, 2006 APPLICATION DATE: October 18, 2006 PREPARED BY: Sarah. Schield Richard Skinn is requesting approval of a Conditional Use Permit (CUP) for outdoor storage of steel racks, a loading/unloading area, and a cart for recycling scrap metal, and a Variance from the required setbacks, on property located at 4890 Biscayne Avenue in the SE'/< of Section 36. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue 'such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. lvJ Planning Report — Richard Skinn November 28, 2006 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be, hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D; Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. C. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. Planning Report — Richard Skin November 28, 2006 Page 3 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Variance: 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. BACKGROUNDMISTORY This area of southeast Eagan has been studied several times by the City, most recently in 2001. At that time, the City Council determined that the industrial properties located on the east side of Biscayne Avenue should remain zoned and guided for industrial use. Additionally, the City Council determined that a change from industrial to Retail Commercial (RC) Guide Plan Designation and Neighborhood Business (NB) zoning designation was appropriate for the area located west of Biscayne Avenue, east of Highway 3, south of Red Pine Lane and north of Gun Club Road. 101 Planning Report — Richard Skin November 2g, 2006 Page 4 EXISTING CONDITIONS There are currently four businesses, Sierra Metals Inc., Perfecting Plastics, Kingcutting Inc., and Scrublin Tool Company located within the approximate 9,100 square foot building. There is an approximate five-foot tall chain link fence along the east boundary of the site. According to the applicant, the type and amount of metal to be stored outdoors is dependent upon how busy Sierra Metals Inc. is at the time. The applicant has stated that deliveries occur on a weekly basis and to help reduce noise levels, there would be no work started before 7 a.m. or potentially 8 a.m. if noise is an issue. It should be noted that Perfecting Plastics has had an issue with the outdoor storage of bumpers. The applicant stated that all of the bumpers had been removed from outside. However, bumpers were viewed outside of the building when City staff performed site visits to the property. The bumpers must be kept inside the building or in an area approved for outdoor storage. A dumpster was also in plain view located adjacent to the south side of the building. The City Code requires all trash containers stored outside must be stored within an enclosure with an impermeable floor surface, constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and of sufficient size to enclose all trash and recyclable containers, not less than six feet and not more than ten feet in height. The dumpster must be brought into conformity with the City Code. Access to the site is provided from Biscayne Avenue from the west. There is also a bituminous entrance on the south side of the property that led to 117th Street East. The entire ROW on 117th Street was vacated with the Manley subdivision in 2004 which is adjacent to the south of this property. The north %: of the ROW was vacated, but not re -platted. The parking lot and drive aisle areas are surfaced with bituminous asphalt. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the anhinct nrnnPrty Existing Use Zoning Land Use Designation North Industrial/Manufactunng I-1 IND South Single Family R-1 (Residential LD (Low Density) Residential Homes Single Family) West Industrial NB (Neighborhood RC (Retail . Business) Commercial East Red Pine Elementary PF (Public Facility) QP (Quasi Public/ School Institutional Planning Report — Richard Sldnn November 28, 2006 Paee 5 EVALUATION OF REOUEST Compatibility with Surrounding Area — The proposed outdoor storage is not inconsistent with this specific area along Biscayne although the general area has experienced change over the last decade including the construction of Red Pine Elementary School, a number of single family subdivisions and, most recently, the approval of the Red Pine Crossing retail project just east of Highway 3. Outdoor storage is not uncommon in Eagan's industrial areas and it is important. to note, as referenced earlier in this report, that the City made a conscious decision in 2001 to. allow the properties along the east side of Biscayne to remain zoned and guided for industrial use. Site Plan — The proposed outdoor storage areas are primarily located east of the building. The applicant proposes a raw steel storage area and a scrap trailer abutting the rear of the building. The site plan identifies an area for steel storage racking, approximately 13 feet in height, along the eastern 10 -foot drainage and utility easement. These locations are not visible from the public along Biscayne Avenue because they are located behind the building. The site plan also identifies a steel loading and unloading area in the southeast comer of the site. This location would take up approximately three current parking stalls. The subject property exceeds the required amount of parking stalls and therefore the removal of three parking stalls would not be detrimental to.the site or surrounding area. However, the proposed location of the loadinglunloading area would clearly be visible from Biscayne Avenue when vehicles are not parked and blocking the view. The area is potentially visible from the properties to the south but there are a few scattered evergreens located near -the bituminous edge of the pavement. Also, when the single family development was constructed to the south, a row of evergreen trees were planted to assist with screening from the industrial buildings. Outdoor Storage — The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I--1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The east side storage area is somewhat screened by existing vegetation on the east side, and the building on the other, and is not very visible from the street. The north side storage areas are visible from the adjacent properties as there is no screening provided between the industrial properties in this area. The south side storage area is partially visible from both Biscayne Avenue and the residential properties to the south. The eastern perimeter includes a five-foot tall chain link fence. M Planning Report — Richard skinn November 28, 2006 Pace 6 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage areas are located adjacent to the rear of the building and also approximately 10 feet from the side and rear property lines. These locations do not meet the side yard and rear yard setback requirements of 20 feet. Further, the ordinance.requires the outdoor storage setback to be 100 feet when adjacent to properties guided residential and 50 feet when adjacent to properties guided Public Facilities, thus the requested Variances for outdoor storage setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent property to the north is zoned and guided for limited industrial use. The north storage area has no screening, however, screening is not required from adjacent parcels that are zoned M. The adjacent property to the west is guided RC and is generally screened from the outdoor use by the building. The adjacent property to the east is guided QP and is presently screened from the outdoor storage only by evergreen trees located off the subject site. The adjacent property to the south is guided LD and is also somewhat screened from the outdoor storage and loadinglunloading area by evergreen trees. There are evergreen trees located on the subject property and on the adjacent property to the south; however, staff suggests added screening below in the Landscaping paragraph. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The area of the site, east of the building, is used primarily for storage and vehicular movement. There is limited pedestrian activity in this area. The site plan identifies parking stalls located behind the building and an approximate 12 -foot drive aisle. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is already clear of vegetation, and relatively flat, and has been previously surfaced with asphalt. No landscaping or other vegetation. is proposed to be removed to accommodate the proposed storage area. Three parking stalls are proposed to be removed to serve as the loading/unloading area, but .the minimum parking requirement for this use is still exceeded. 6. the storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The storage area is surfaced with asphalt and the asphalt will remain. 'I 10 Planning Report — Richard Skinn November 28, 2006 Page 7 Setbacks — The City Code requires a 20 -foot side and rear yard outdoor storage setback. Additionally, the City Code requires the outdoor storage setback to be 100 feet when adjacent to properties guided residential and 50 feet when adjacent to properties guided Public Facilities. The proposed outdoor storage setback is 10 feet along the rear property line and 6 feet from the side yard setback to the south. With the change in the adjacent land use over the past years, the additional setbacks have negatively impacted the existing industrial use. Because of the shape of the existing lot, strict enforcement of the setbacks would not allow the owner to have outdoor storage at the property, which is allowed via a Conditional Use. Thus, a setback Variance of 40 feet from the rear yard setback and 94 feet from the side yard setback is requested for the outdoor storage. Landscaping — The. applicant does not propose any landscaping. The proposed storage areas are presently screened from the school property to the east and the single family to the south mostly by evergreen trees that are located off the subject site. If any of these trees were to be damaged or removed in the future, there would be little, if any, screening of the outdoor storage to the properties to the east and to the south. Staff suggests the APC and City Council consider the addition of at least a six-foot tall wooden privacy fence along the east and south perimeter of the property that would assist with both security and screening. SUMMARY/CONCLUSION Richard Skinn is requesting approval of a Conditional Use 'Permit (CUP) for outdoor storage which would include the use of steel racks, a loading/unloading area,,and a cart for recycling scrap metal, on property located at 4890 Biscayne Avenue in the SE '/sof Section 36. The proposed outdoor storage appears generally compatible with the I-1 zoning and surrounding properties. The proposal, however, falls short of satisfying all of the performance standards in the City Code. The primary shortfalls are with regard to setbacks and screening. The requested Variances for outdoor storage setbacks are due to the land use changes in the area, which occurred after the use was established at this property. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for outdoor storage which would include the use of steel racks, a loadinglunloading area, and a cart for recycling scrap metal, on property located at 4890 Biscayne Avenue in the SE'/, of Section 36. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A six-foot tall wooden privacy fence along the east and south perimeter of the property shall be installed no later than July 1, 2007. Planning Report — Richard Skinn November 28, 2006 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 18, 2006. . 4. The outdoor storage of bumpers and related materials to the businesses must be located within the approved outdoor storage areas. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be property maintained to prevent deterioration. 7. Outdoor operations shall be limited to between the hours of 8 a.m. and 10 p.m. To recommend approval of a 40 -foot rear yard. and 94 -foot side yard setback Variance to allow outdoor storage which would include the use of steel racks, a loading/unloading area, and a cart for recycling scrap metal, on property located at 4890 Biscayne Avenue in the SE '/< of Section 36. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. 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P 5t , �► i~ /� A� � p .0 a{ 'A ♦ e �' �i Sub ect�J'�'+, NMI` J� w�;„ J�1+ 41,�M. 2 7$$, (y�"!" x7' t r;r '{i.V �T' �`\ i \ 4 b •® �)� € •��.11yY 'ylJ C n ir(�.! ®� •F 4 8 F� I e a r0 -c F,11d E o Da ii \z ?*'i- NG'4 r:"��i'�-fi t�e''�'u•{,i ED X44 ''ini.,�'t. ED "4i'ai. -ri1 � +ra tit' { y ) .;� fAY 'w "L � � C \tl1yJ�•V�J7�/�tA��"4) it � L a'�S y1 4y � �� fl �d U r f , Fr kt i ri�f 2 }I '�',Yd'a {<.r ,yam iii K.� • 9111 Is Z3 100 1 2000 Development/Developer. Sierra Metals Application: Conditional Use Penmit Case No.: 36 -CU -09-10-06 ravFnVoodutln,MOA%-%ImM.ftrad mepdmpraMMd I tyOeMbCoutp011lr ofGO rMbwmnrr ofApll xo6 �2 J N f1�''yL,y, f q ~'i Of B�ILLII THIS N11P IS INTENDED FOR REFERENCE USE ONLY W g The City of Eagan and Dakota County de net guarantee Me accuracy of this hdomratlon and aro 3 eemmeeny . 11 .1 a er not responsible for errors or ondm ens. Current Zoning and Comprehensive Guide Plan Land Use Map 1.11 B2, Halley's 1st Addition CUP and Variance 36 -CU -09.10-06 - -. ■■■ ■ �■ ■ �� 11�•... au . No 0 'III. Mn MW MM.on ON mm SEE ■ - -. ■■■ ■ �■ ■ �� 11�•... au . No 0 'III. Mn MW MM.on ON mm PN z.wny A.en..tl.n m.moNw hc�b nart 1 City of Evan THIS MAP 18INTENDFA FOR REFERENCE USE ONLY I 1 + The City a Eagan and Dakota County do not guarana• the accuracy a this laormatlom 8 Boundary and Location Survey for: Rick Skinn property DEEmlpllan: Lot E elr a nQ -s lEr I rnm 000 jm L. IM CA1�G rrt.rwe IIIc twn.r. WOG CbbLr. Alllnomt.. HEPP atuw. �' InN.. 1YR Iwl ' bul-1MF EwN1.WR.R M1. W INK M),I..wn.•w pN. n.lw...�....w m.l b,...l _w.. 3y� 6 MtLe L EMI•"oWr . DELMAR H. SCHWANZ LAND SURVEYORS, INC. 14!Rlt! M. nrArrt Wil. Ibo.bant. An IM41 Wl-t23-I!W 802074 PLOT FILE = 8020740 200226 wren raw S . - W W 4 -WRrrr mE >_ . FLANFO GO SeCrlPVLIl1Epr .. •Nmawr o • Sow PALM © SWlrNRw • • alLerfjmr tow DELMAR H. SCHWANZ LAND SURVEYORS, INC. 14!Rlt! M. nrArrt Wil. Ibo.bant. An IM41 Wl-t23-I!W 802074 PLOT FILE = 8020740 200226 Richard W. skins 9330 Elliot Ave. S. Bloomington, MN 55420 October 27, 2006 Sarah Schield City of Eagan Planner 3830 Pilot Knob Road Eagan, MN 55122 To the City of Eagan Council, I would like to work with you to obtain an outdoor storage permit for my industrial building at 4890 Biscayne Ave. Eagan, MN. Sierra Metals, a longtime business in Eagan, has requested the use of steel racks and.a cart for recycling scrap metal. Sierra Metals will keep their inventory down to a minimum. Perfecting Plastics has removed all bumpers outside his business. I hope you find this acceptable. Thank you for your consideration in this manner. Richard W: Skinn I lCP Agenda Information Memo December 4, 2006, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCE — WENSMANN HOMES INC. ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for outdoor storage, for property located at 4870 BiscayneAvenue; subject to the conditions in the APC minutes. To approve (OR direct findings.of fact for denial) a Variance of a 40 -foot rear yard, 20 -foot north . side yard and 10 -foot south side yard setback, for outdoor storage on property located at 4870 Biscayne Avenue in the SE'%4 of Section 36, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant's proposal includes outdoor storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials. Many studies, most recently in 2001, determined the area should remain Industrial. ➢ Outdoor storage is an approved use in the Industrial Zoning district. ➢ The variances appear to be directly related to the outdoor storage component of the proposal. ➢ This item was heard as a public hearing before the Advisory Planning Commission on November 28, 2006. The APC recommended approval of both the Conditional Use Permit and Variance. ISSUES: ➢ A neighbor at the public hearing recommended uniformity of the fence which is to be placed on the east property line. ➢ The APC determined that due to the nature of the business/storage, the applicant could submit a worse -case estimate of items to be stored. 60 DAY STATUS: December 16, 2006 ATTACHMENTS (2): Draft APC minutes on pages through. Staff report on pagesEQ through 151_. November 28, 2006 Page 4 B. Wensmann Homes Applicant Name:Wensmann Homes Location:4870 Biscayne Road; Lot 3, Block 2, Halleys 1st Addition Application:Conditional Use Permit A Conditional Use Permit to allow outside storage of a fuel tank. File Number:36-CU-10-10-06 Planner Schield introduced this item and highlighted the City Staff report dated November 21, 2006. She noted t Terry Wensmann, applicant; stated that condition #3';vuh[kch,requirei k stored would be difficult, as the items would cha,pp�'� aily. He stated provide a list of the types of materials to be stored. Chair Hansen opened the public hearing. Brent Koth suggested that the create uniformity. There being no further public comment, turned the discussion backito,the Comr presented in the nd and history. a list of items to be t`F 1-te could same type""ther fencing in the area to the public hearing and Chavez asked whaVIVQue the}- ntory of items stored would be. Ridley responded that the City typically fequests alvvprse case s enano in order to understand the maximum capacity of a gn Member,K er4iberrZoben seconded a motion to recommend approval of a Conditional Use it(CUP��fFq[3outdoor storage of an above ground fuel storage tank antlimecessary safe devices *n addition to construction equipment and construction" materials, on ,pT�ooperty'located at 4870 Biscayne Avenue in the SE % of Section 36 subject to the owing conditions: 1. This Conditio`nalkUsW. ermit shall be recorded at Dakota County within 60 days of approval by the Q' ouncil, and proof of recording submitted to the City. 2. A revised site plan indicating the storage area for the above ground fuel storage details as required by the Fire Marshal shall be submitted. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 31, 2006. 4. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than July 1, 2007. November 28,.2006 Page 5 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be property maintained to prevent deterioration. A vote was taken. All voted in favor. Motion carried: 7-0. Chair Hansen clarified the APC expectation was that the appljeant would provide an estimate as suggested earlier by Mr. Wensmann.27 Member Keeley moved, Member Chavez seconded a mofi6Wto recommend approval of a 40 -foot rear yard, 20 -foot north side yard and 10 -foot soutti*s die yard setback Variance to allow outdoor storage of an above groundnfuei,storagetank and necessary safety devices, in addition to construction equipmoffand,constructi&ii',n terials, on property located at 4870 Biscayne Avenue in the;SE'/+ of Section 36 subjjo f to.the "n �" I g following conditions: 1. If within one year after approval, the varianc6 Ahall not have been completed or utilized, it shall become null arlxil}void unless a`'Owipon for extension has been granted by the council. Such extennsionpshall be req e�sfd in writing at least 30 days before expiration and shall state facts`Ashb"'Wing a good faithAattempt to complete or utilize the use permitted in the variance, , y 2. The height of the p,.L pi ti torage sha�(16,66 screed,68 via landscaping or a privacy fence on the prope/ty. IN A vote i Ilq 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 21, 2006 APPLICANT: Wensmann Homes Inc. PROPERTY OWNER: Wensmann Homes Inc. REQUEST: Conditional Use Pennit/Variance LOCATION: 4870 Biscayne Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST CASE: 36 -CU -10-10-06 HEARING DATE: November 28, 2006 APPLICATION DATE: October 18, 2006 PREPARED BY: Sarah Schield Wensmann Homes Inc., is requesting approval of a Conditional Use Permit (CUP) for outdoor storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials, and a Variance from the required setbacks, on property located at 4870 Biscayne Avenue in the SE '/< of Section 36. AUTHORITY FOR REVIEW. Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. I'2�D Planning Report — Wensmann Homes Inc. November 28, 2006 Palle 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public. facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare of odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. IZj Planning Report — Wensmann Homes Inc. November 28, 2006 Palle 3 C. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Variance: 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. Planning Report - Wensmann Homes Inc. November 28, 2006 Page 4 BACKGROUNDMISTORY This area of southeast Eagan has been studied several times by the City, most recently in 2001. At that time, the City Council determined that the industrial properties located on the east side of Biscayne Avenue should remain zoned and guided for industrial use. Additionally, the City Council determined that a change from industrial to Retail Commercial (RC) Guide Plan Designation and Neighborhood Business (NB) zoning designation was appropriate for the area located west of Biscayne Avenue, east of Highway 3, south of Red Pine Lane and north of Gun Club Road. Wensmann Homes Inc. has been in the home construction business for over 30 years. The family business is located in the City of Eagan. The Wensmann Homes Inc. storage building, located at the subject site, was constructed in 1989 on 0.88 acres. The building is divided into a north and south bay. The North Bay is utilized to service and store miscellaneous equipment needed for residential homebuilding operations. The South Bay is utilized for custom printing and cutting and sizing of labels that are used in the businesses operations. EXISTING CONDITIONS The site contains an existing building approximately 8,500 square feet in size. Access to the site is provided from Biscayne Avenue from the west where two loading docks are located. There is an eight -foot privacy fence which extends from the northern of the two loading docks to the north property line and a five-foot chain link fence is located on the eastern perimeter of the property. The parking lot and drive aisle areas are surfaced with bituminous asphalt, except for a small area designated for miscellaneous storage on the north side of the building. This area has a gravel surface.. The perimeter of the site is finished with concrete curb and gutter. There are currently several different types of trailers being stored outside on the property. The type and amount of equipment and materials vary dependent upon the season. In addition to these items, there are two above ground fuel storage tanks that are utilized to fuel the equipment. The existing outside storage of trailers and above ground fuel storage tanks are in violation of City ordinances, and upon being notified of such, the applicant submitted this application for the required Conditional Use Permit to bring the use into compliance. A dumpster was also in plain view located along the east property line. The site plan identifies the location of a dumpster on the north side of the property and two dumpsters located adjacent to the rear of the building. The City Code requires all trash containers stored outside must be stored within an enclosure with an impermeable floor surface, constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and of sufficient size to enclose all trash and recyclable containers, not less than six feet and not more than ten feet in height. The dumpster must be brought into conformity with the City Code. 1Z3 Planning Report— Wensmann Homes Inc. November 28, 2006 Page 5 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed outdoor storage is not inconsistent with this specific area along Biscayne although the general area has experienced change over the last decade including the construction of Red Pine Elementary School, a number of single family subdivisions and, most recently, the approval of the Red Pine Crossing retail project just east of Highway 3. Outdoor storage is not uncommon in Eagan's industrial areas and it is important to note, as referenced earlier in this report, that the City made a conscious decision in 2001 to allow the properties along the east side of Biscayne to remain zoned and guided for industrial use. Site Plan — The proposed outdoor storage areas are located north, east and south of the building. The applicant proposes 4 parking spaces for equipment in the northeast comer of the property. The new location of the above ground fuel storage is also proposed for this area located adjacent to the parking stalls to the east. The exact location of the fuel storage tank location is being worked out between the applicant and the Fire Marshal. Outdoor Storage — The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The east side storage area is somewhat screened and enclosed by an existing five-foot tall chain link fence and vegetation on one side, and the building on the other, and is not very visible from the street. The north and south side storage areas are �z� Existing Use Zoning Land Use Designation North Industrial/Manufacturing I-1 IND South Service Garage 1-1 IND West Industrial NB (Neighborhood Business) RC (Retail Commercial East Red Pine Elementary School PF (Public Facility) I QP (Quasi Public/ Institutional EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed outdoor storage is not inconsistent with this specific area along Biscayne although the general area has experienced change over the last decade including the construction of Red Pine Elementary School, a number of single family subdivisions and, most recently, the approval of the Red Pine Crossing retail project just east of Highway 3. Outdoor storage is not uncommon in Eagan's industrial areas and it is important to note, as referenced earlier in this report, that the City made a conscious decision in 2001 to allow the properties along the east side of Biscayne to remain zoned and guided for industrial use. Site Plan — The proposed outdoor storage areas are located north, east and south of the building. The applicant proposes 4 parking spaces for equipment in the northeast comer of the property. The new location of the above ground fuel storage is also proposed for this area located adjacent to the parking stalls to the east. The exact location of the fuel storage tank location is being worked out between the applicant and the Fire Marshal. Outdoor Storage — The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The east side storage area is somewhat screened and enclosed by an existing five-foot tall chain link fence and vegetation on one side, and the building on the other, and is not very visible from the street. The north and south side storage areas are �z� Planning Report— Wensmann Homes Inc. November 28, 2006 Page 6 visible from the adjacent properties as there is no screening provided between the industrial properties in this area. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. There are multiple storage areas proposed for the site. The proposed north storage area abuts the property line. The proposed east/southeast storage area and lowboy trailer parking areas are approximately 10 feet from the property lines. These locations do not meet the side yard and rear yard setback requirements of 20 feet. Further, the ordinance requires the outdoor storage setback to be 50 feet when adjacent to properties guided Public Facilities, thus the requested Variance for outdoor storage setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties to the north and south are zoned and guided for limited industrial use. The north and south storage areas have no screening, however, screening is not required from adjacent parcels that are zoned I-1. The adjacent property to the west is guided RC and is generally screened from the outdoor use by the building. The adjacent property to the east is guided QP and is presently screened from the outdoor storage only by evergreen trees located off the subject site; however, staff suggests added screening below in the Landscaping paragraph: 4. The storage area shall not interfere with any pedestrian or vehicular movement. The area of the site north and east of the building is used only for storage and vehicular movement. There is no pedestrian activity in this area. The site plan identifies parking stalls located behind the building and a 20 -foot wide drive aisle will be maintained through the storage area. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is surfaced with asphalt except for the storage area to the north of the building which is surfaced with gravel. No landscaping or other vegetation is proposed to be removed to accommodate the proposed storage area, and required parking areas are located elsewhere on the site. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. 'The surface shall be properly maintained to prevent deterioration. The majority of the storage area is already surfaced with asphalt and the asphalt will remain. I -Z-5 Planning Report — Wensmann Homes Inc. November 28, 2006 Page 7 Setbacks — The City Code requires a 20 -foot side and rear yard outdoor storage setback. Additionally, the City Code requires the outdoor storage setback to be 50 feet when adjacent to properties guided Public Facilities. The proposed outdoor storage setback is 0 feet along the north side yard, 10 feet from the rear yard, and 10 feet along the south side yard. With the change in the adjacent land use over the past years, the additional setbacks have negatively impacted the existing industrial use. Because of the shape of the existing lot, strict enforcement of the setbacks would not allow the owner to have outdoor storage at the property, which is allowed via a Conditional, Use. Thus, a setback Variance of 40 feet from the rear yard setback and 20 feet from the north side yard and 10 feet from the south side yard setback is requested for the outdoor storage. Landscanins — The applicant does not propose any landscaping. The proposed storage areas are presently screened from the school property to the east only by evergreen trees located off the subject site. If these trees were to be damaged or removed in the future, there would be little, if any, screening of the outdoor storage to the property to the east. Staff suggests the APC and City Council consider the addition of at least a six-foot tall wooden privacy fence along the east perimeter of the property that would assist with both security and screening. SUMMARY/CONCLUSION Wensmann Homes Inc., is requesting approval of Conditional Use Permit (CUP) for outdoor storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials, on property located at 4870 Biscayne Avenue 'in the SE '/4 of Section 36. The proposed outdoor storage appears generally compatible with the I -I zoning and surrounding properties. The proposal, however, falls short of satisfying all of the performance standards in the City Code. The primary shortfalls are with regard to setbacks and screening. A revised site plan identifying the preferred design of the above ground fuel storage per the Fire Marshal's requirements should be submitted. The requested Variances for outdoor storage setbacks are due to the land use changes in the area, which occurred after the use was established at this property. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for outdoor storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials, on property located at 4870 Biscayne Avenue in the SE '/< of Section 36. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. R_�O Planning Report — Wensmann Homes Inc. November 28, 2006 Page 8 2. A revised site plan indicating the storage area for the above ground fuel storage details as required by the Fire Marshal shall be submitted. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 31, 2006. 4. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than July 1, 2007. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be property maintained to prevent deterioration. To recommend approval of a 40 -foot rear yard, 20 -foot north side yard and 10 -foot south side yard setback Variance to allow outdoor. storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials, on property located at 4870 Biscayne Avenue in the SE'/. of Section 36. If approved, the following conditions should apply: 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 height of the outdoor storage shall be screened via landscaping or a privacy fence. 127 eagnn Boundary Location Map Fennel Aran Park Mes 9 99 P 'm! o � . on • � as ® u n • I � A , 9 F< 1 t r kl e 4 i s9a s m h r v t i • F ti ijX+"e�aHiC, a } ✓, 3X d1'"o. ,'ij 5� Lis r {�+ r d� ,.c;'r e 1'iII . '�o-i �. Y 5 _. t { t4 �. `dia'e�PiSl L •b � / �f-�.r`l w Y A d,•'. w T ° J V YYl l A � )sL 1113J�. �C(1 \i r .� 4f � � jvi \ Y j.rL } .�. 1 y d • XXL 4 `!j t1/1F1'� 2 i,F 3Jy Il4ii )) �M, r f vWmljV f a • /rc,yFs',hv '�iY+yr. t$�Rr1`9 tl,KP i lj�a iPr� �y x'� • gi9 te Sub'ect SiW. cWje,'y��yy'"`"��i�'3�.r�^ Ir A - jryc`Ck Y� yi li's r e 3 lL"�i f r +� I l�Y L,+ 11+r 1'hM �AI T,1 y r�+ (tf iY�i�4 �. J! 1 Nlh�am 3j K '�It I1)f , •P t (r "�.� icu.r^A h q yy� ♦ ': rxtE 'Ilk `.S s } tW17. /^1 00 0 000 2000 2225�- Development/Developer. Wensmann Homes Application: Conditional Use Permit Case No.: 36-CU-10-10-06 RnP"aM m09 ERA Neyha 3.1. Penal news nee NY PMWMr^ A N . CRof Eap TNl6 NAF 16 INTENDED FOR REFERENCE USE ONLY E The City of Eagan and Onsets County do not gumantee the seasrary of IN lefolmetlen and an S Gnwanay pwelmm.m sewn -•o1 not responsible for anon or emissions. Current Zoning and Comprehensive Guide Plan Land Use Map 1.3, 132, Halley's 1st Addition CUP and Variance 36 -CU -10-10-06 aneN a... nay weaa.e..a+rx.xw ewnb.+-an...ir wp..K o. muc xaos. N a glwknreaanm nlahee wAny awe 94 of IIQQUll THIS MAP IS INTENDED FOR REFERENCE ISE ONLY The CRY of Eagan and Dakota county do not guarantee the seanaey of this haonnation. s ��II■■111■■soon •`��:mu:: 70.21 N�` ■ . �l _�■ M �: No No No SO. ::.■•M ■r lei aneN a... nay weaa.e..a+rx.xw ewnb.+-an...ir wp..K o. muc xaos. N a glwknreaanm nlahee wAny awe 94 of IIQQUll THIS MAP IS INTENDED FOR REFERENCE ISE ONLY The CRY of Eagan and Dakota county do not guarantee the seanaey of this haonnation. s .. �..■.- ..,—Osoon N ON M No No �.. M No .1111•. No _ II. MEN zu M 0 _ loi NONNI] aneN a... nay weaa.e..a+rx.xw ewnb.+-an...ir wp..K o. muc xaos. N a glwknreaanm nlahee wAny awe 94 of IIQQUll THIS MAP IS INTENDED FOR REFERENCE ISE ONLY The CRY of Eagan and Dakota county do not guarantee the seanaey of this haonnation. s { S y flit MI I I ICE CORNER' .. e r ��./� e•�•• T P _—SIVSWt ' _ i. •SFS 1 m ..�1 iJ..i • E% T RG NE ILL BUIL IN „ rt4 -t LLJ •;� ; IIx as .•� / -,. PA L Yi •: 1 � 6TH m :•'� NIt I �'A[rtlp'pi P.mI, [SNepmIRImp \ - F SIS Else. SON nu cm- mKc�EXISTIfRiLAILIDING PISNEER 4870' B SCAYNEOAVENUE2 `p''y�'�p'/�nee1'l LOT 3 BLOCK 2 HALLEY'. arn.rwnva. uxoiv¢w• w.ann•:erois uNsruxuemsv c xaII Pww'�be OrFe xCbon RqW. MN F.wil fla1S Ifl-31-a6 PROJECT itmW..fl,STUO Mendota Heights office. WENSMANN HOMES MAIN IssINe1-1415 Pn;:6I19pe AS]ITSLIRN x SZ33 3 o m NAP Dn1m .ILLI r INW .GRAPHIC SCALE IN MT $O to 7m U In a an"�aaEln� Nuc �- anilAx Aerw m ex 51110NIIflIB ST NIz H Z W w J W 0 O O 3 W Z a —mc eox .GRAPHIC SCALE IN MT MEMO Date: October 24, 2006 To: City of Eagan — Planning Department Re: Supplemental Narrative CUP Application Lot 3, Block 2 Halley's la Addition Dakota County, MN From: Terry Wensmann 1. The primary function/use of the north bay is to service and storage of misc equipment needed for residential homebuilding operations. The construction equipment includes: bobcat, backhoe, small dozer, dumptruck, semi w/trailer, approximately 8 one -ton pickup trucks, several trailers, cement forms and insulating blankets. However, all equipment is never in the yard at the same time. More often than not they are in use at our housing developments even in the winter.. Service maintenance to equipment is completed in the shop area of the north bay. Construction materials stored may include rebar, wire mesh, block piers, misc cement blocks, wood forms, shingles and temporary mailboxes used in our housing developments. Quantities vary for the materials. Generally they are stored only until they can be used on a construction site. In addition to the listed materials, there are two above ground fuel storage tanks also used on the site. 2. The primary function/use of the south bay is custom printing and cutting/sizing of labels used in business operations. Printing equipment and materials are stored on a racking system within the warehouse. Limited delivery services are used for receiving and shipping goods using the front dock. As part of this permit request, the current location of the above ground fuel storage tanks will be moved to a location in the center of the yard, with appropriate protection from spills and traffic installed. The current location has no spill protection and is placed too close to the south property line. Until a recent inspection by the City of Eagan fire marshal, the owner was not aware that the uses existing were inconsistent with the zoning. The property has been used and operated in the same manner for over 10 years. Property owner is not aware.of any previous notices. 131 Agenda Information Memo December 4, 2006 Eagan City Council Meeting C. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11, Section 11.70, Subd. 28, to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a'Sign Permit and direct the City Attorney to publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ On November 9, 2006, the City Council directed staff to prepare an ordinance amendment relative to a footing inspection requirement for pylon signage and a double permit fee for signage installed without first receiving a Sign Permit. ➢ For public health and safety reasons, staff believes it would be appropriate to perform a footing inspection with the installation of all new pylon signs (signs over T tall). ➢ In consultation with other metro cities, it was discovered that most cities do require this type of inspection as part of the sign permitting process. ➢ Similar to work done without a Building Permit, staff believes it would be appropriate to require a double Sign Permit fee in those instances. ➢ This fee is warranted to discourage the installation of permanent signage with out first allowing for staff review, approval and permit issuance. ➢ The APC held a Public Hearing on November 28, 2006 and they are recommending approval of this amendment to Chapter 11. ATTACHMENTS: (2) Draft APC Minutes on page 33 . 2 r Draft Ordinance Amendment on pages N through 'NP. 132 November 28, 2006 Page 6 C. Chapter 11.70 Subd. 28 Applicant Name:City of Eagan Location:3830 Pilot Knob Road; Application:Ordinance Amendment An Ordinance Amendment to Chapter 11,.Sect. 11.70 in regard to signage constructed / erected without a permit. City Planner Ridley discussed a proposed ordinance Council, regarding signage constructed without a per Member Chavez suggested revised wording in the draft ordinance amendment. Chair Hansen opened the public hearing. There being no public comment, Ch discussion back to the Commission. Member Chavez moved, Member of a An Ordinance Amendment to constructed / erected withowfra De A vote was taken. directed by the City sentence of hearing and turned the recommend approval 3rd to signage ON AGENDA) not on the agenda. Member Chavez mod, Member Keeley seconded a motion to adjourn the Advisory Planning Commission meeting at 7:20 p.m. A vote was taken. All voted in favor. Motion carried? -0. Respectfully Submitted by: 153 City of Evan Ycmo To: Chair Hansen and Advisory Planning Commission Members From: Mike Ridley, City Planner Date: November 20, 2006 Subject: Ordinance Amendment—Sign Permits At their regular meeting on November 9, 2006, the City Council directed staff to prepare and amendment and have the Advisory Planning Commission (APC) hold a Public Hearing and make a recommendation. For public health and safety reasons, staff believes it would be appropriate to perform a footing inspection with the installation of all new pylon signs (signs over 7' tall). In consultation with other metro cities, it was discovered that most cities do require this type of inspection as part of the sign permitting process. Additionally, permanent signs are installed without the benefit of a Sign Permit a few times a year. Similar to work done without a Building Permit, staff believes it would be appropriate to charge a double Sign Permit fee in those instances. City staff believes the double fee is warranted to discourage the installation of permanent signage with out first allowing staffs review, approval and permit issuance. Drag ordinance language is attached for your review. Action To Be Considered To recommend approval of an Ordinance Amendment to Chapter 11 to establish the requirement for a footing inspection for all new pylon signs and the obligation of double sign pemmit fees for permanent signage installed without the benefit of a Sign Permit Please call me at 651-675-5650 if you have any questions. ORDINANCE NO. _ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 28 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 and 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hmend changing Section 11.70, Subd. 28 (1) to read as follows: e;`�"e `" I. Sign permits and fees. 1. Sign permits. No signs, except those spec tlii a ivision, abor, shall be erected or maintained anywhere in the City without taining a sign permit. 2. Application, permit a A foI ap on together with accompanying documents prescribed by 1 be submitte a 'ty to obtain a sign permit. Permit fees are as adopted res f the City m cil and shall accompany the permit application. If any si is pla or, stalled without first obtaining a sign a permit fee the ual to two (2) times the permit fee. 3. R applicat The community development department shall co app le of all si "t applications, except that applications for 1, royal o sing s' , pylon signs and any sign requiring a variance €, sub tour final approval. Freestanding sSigns exceeding Return of th. In th' event said application shall be denied, the City shall return the applicants t fee, 1 ss a reasonable amount determined by the Council which shall lee retained as administrative cost. Section ty Code Chapter 1 entitled "General Provisions and Definitions Applicable to the E ity Code Including Penalty for Violation"' and Section 11.99, entitled "Violation a Misdem or" are hereby adopted in their entirety by reference as though repeated verbatim. - Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council 1 lCE5 By: Maria Lynn Petersen Its: City Clerk - - - Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Pat Geagan Its: Mayor Date of Advisory Planning Commission Hearing: NovembgOpA, 2 ft 2 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 4, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE 14IINUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Direction Regarding Status of Core Area Development Agreement with Schafer Richardson E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT X31 Agenda Information Memo Eagan Economic Development Authority Meeting December 4, 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 ran concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. ACTION TO BE CONSIDERED: To approve the minutes of the November 9, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the November 9, 2006 EDA meeting on pages. 0 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 9, 2006 A meeting of the Eagan Economic Development Authority was held on Thursday, November 9, 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 Hohenstem, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley -moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the September 5, 2006 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT UPDATE REGARDING STATUS OF CORE AREA REDEVELOPMENT AGREEMENT WITH SCHAFER RICHARDSON Community Development Director Hohenstein provided an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of the Cedar Grove Redevelopment District. Commissioner Carlson moved, Commissioner Fields seconded a motion to receive an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corporation for the redevelopment of the core area of the Cedar Grove Redevelopment District, and directed further review by the Finance Committee. Aye: 5 Nay: 0 NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK Community Development Director Hohenstem discussed the proposed collateral. assignment of the development agreement between the City and MG Eagan, LLC to LaSalle Bank. Commissioner Carlson moved, Commissioner Tilley seconded a motion to adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting at 8:00 pm. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting December 4, 2006 1. ACTION TO BE CONSIDERED: To provide staff and the City Attorney with direction regarding the TIF Development Agreement between the City and Cedar Grove Development Corp to: • Approve the Termination of Development Agreement. M • Find Cedar Grove Development Corp to be in default of development agreement and authorize a notice of default to be sent to the developer. 0 • To provide such other direction as may be appropriate. FACTS (New Information in Bold): • 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 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 proceeded with preparation of the Phase I Site Plan and approached the deadlines in the May 16 amendment, they identified issues that they wanted to address prior to proceeding with the submittals. Those issues 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. • The Developer requested and the City approved a Second Amendment of the Development Agreement on July 18, 2006 that extended the deadline for submission of the Phase I Site Plan to October 23, 2006. • In the meantime, the City proceeded with the acquisition of the Cedarvale Mall and the tenant relocation activities and continues to negotiate for the acquisition of other properties in the Redevelopment Area. • A Phase I Site Plan has not been received • At its meeting of November 9, 2006, the EDA received the attached letter and memo regarding the status of the development agreement and referred the matter to the City Council Finance Committee for review and recommendation. The Finance Committee is recommending that the development agreement be terminated The City Attorney has prepared an agreement to terminate the development agreement and has submitted it to the developer for consideration. • If the agreement has been executed by the developer in advance of Monday's EDA meeting, it will be in order for action by the EDA and City Council. If the agreement has not been executed by the developer, the EDA and City Council may consider declaring the developer in default and authorize a notice of default to the developer. The developer has 30 days to care the default. • If the agreement is terminated, staff would propose to request direction for next steps to proceed with the redevelopment of the area at a future EDA meeting. ATTACHMENTS: • Termination Agreement on pages I u3— I `t�0 • Finance Committee meeting notes on pages lta_ k(A$ • Developer's letter on Pagesouthroughl 50 • Stafi'memo onpagesJ�_throughl54 • Area map on page I 5 • Approved site plan on page I�J(O 1 I2, TERMINATION OF DEVELOPMENT AGREEMENT THIS TERMINATION OF DEVELOPMENT AGREEMENT ("Agreement") is made this _ day of _ 2006, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA'); CITY OF EAGAN, a Minnesota municipal corporation (the "City'); and CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation (the "Master Developer'). The EDA, City and Master Developer are hereinafter collectively referred to as the "Parties WHEREAS, the Parties entered into a Development Agreement dated January 17, 2006; a Supplement to the Development Agreement dated January 17, 2006; a First Amendment to the Development Agreement dated May 16, 2006; and a Second Amendment to the Development Agreement dated July 18, 2006 (collectively the "Development Agreement') relating to Tax Increment Financing District No. 1; and WHEREAS, the Parties desire to terminate the Development Agreement and release each other from any further obligations under the Development Agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Master Developer, the Parties hereby covenant and agree as follows: 1. TERMINAn0N of DEVEr.oPwrrr AGREEmENT. The Parties hereby agree that the Development Agreement is hereby terminated in all respects and each party is hereby relieved of any further rights or obligations under the Development Agreement. 143 EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By Pat Geagan Its: President Ey Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By Pat Geagan Its: Mayor Un Maria Petersen Its: City Clerk CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation. By Its 2 144 STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2006 by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2006 by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Mmnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2006 by the of Cedar Grove ,Development Corp., a Minnesota corporation, on behalf of the corporation. Notary Public 145 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952)432-3136 (RBB: 206-23508) 4 I4(oc Meeting Notes Finance Committee Meeting November 14, 2006 Attendance: Mayor Geagan, Councilmember Carlson, City Administrator Hedges, Assistant City Attorney Bauer, Fiscal Consultant Inman, and Director of Administrative Services VanOverbeke. Director of Community Development Hohenstein participated via speaker telephone. I. Agenda Adoption The agenda was adopted as presented. 1111. Cedar Grove Redevelopment District / Discuss Options for the Development of the Core Area of the Cedar Grove Redevelopment District In response to a question from Councilmember Carlson regarding the accuracy of the financial information presented by Schaffer -Richardson (S -R), City Administrator Hedges responded that the projections as presented were the basis for the suggestion from S -R that the City needs to commit more money to the project either through assuming more costs or by furtherwriting down the land costs for S -R. City Administrator Hedges provided additional background and explained numerous changes in the potential development from the time S -R was selected as the master developer. Those changes include market conditions for housing and the resulting implications for the housing/commercial mix, City ownership of more than half of the property combined with continuing acquisition efforts, successful relocation of numerous businesses, potential opportunities for more senior housing, and improvements in other market sectors. He further explained the difficulty for the City and consultants to determine if more money/developer incentives are necessary or appropriate without more detailed concept plans that would be feasible, acceptable, and market supportable. This additional information has not been provided by S -R. The Finance Committee expressed agreement that it may be necessary for the City to consider potential modifications to the original redevelopment vision as reflected in the early S -R concept plans, but emphasized that the overall redevelopment vision should not change with each market fluctuation, regardless of who the development partner may be. The Finance Committee reiterated the City's commitment to continue this redevelopment opportunity either with S -R or with a new development partner. In the event S -R is no longer the master developer they would be welcome to continue participation in the project as a developer of components matching their strengths. I�1 In response to a question from Mayor Geagan, City Administrator Hedges noted that BumsvilWs Heart of the City Project has also experienced some challenges in responding to the market and that the Cub Foods and ancillary retail development has helped jump start certain components of Heart of the City development Financial Consultant Inman also noted that the questions and relationship between S -R and Fagan are not unique to this redevelopment project. In general, it seems to be the rule rather than the exception that the first master developer does not see the project through to completion. Assistant City Attorney Bauer was directed to contact the S -R attorney to discuss a potential termination of the development agreement per the letter from Brad Schafer dated November 2, 2006. The Finance Committee stressed that future communications and negotiations should emphatically emphasize that the City is committed to continuing the project and is moving ahead with the redevelopment Mr. Inman was directed to informally talk to others regarding potential interest in becoming the master developer on this project and in getting their response to what We of overall project they see as market feasible. The Finance Committee stressed the importance of continuing to move the redevelopment along and to engage other potential developers as soon as possible and practical. The Finance Committee discussed the need to continue aggressively pursuing the acquisition of property in light of the new eminent domain legislation and the resulting deadlines grandfathered into this project. The Finance Committee directed that this item be brought before the full City Council for consideration on December 4, 2006. III. Discuss Funding Alternatives for Environmental Clean Up Required as a Result of the Site Assessment Project City Administrator Hedges briefly noted potential sites in the Cedar Grove Redevelopment District that might require environmental clean up and that the City has been pursuing all available avenues for cost sharing. More site specific information will become available as actual development proceeds. Mr. Inman also noted potential revenue sources related to TIF to assist with clean up costs. IV. Homestead Market Value Credit City Administrator Hedges updated the Finance Committee on staff progress in surveying other communities regarding final 2007 property tax levies and whether or not cities will include full or partial MVHC levies. He also noted that the item is on the upcoming agenda for the Operating Committee of the Municipal Legislative Commission. Staff will be providing additional information to the City Council as part of the Truth in Taxation Hearing and the budget and Levy approval process. V. Adjournment 0 Schafer Richardson November 2, 2006 Mayor and City Council: Thank you for the opportunity to work on the Cedar Grove project over the past several years. We.have enjoyed working with you, your staff, and the City's consultants to make the redevelopment of the Cedarvale Mall and the surrounding 70 acre area an asset to the City of Eagan and the region The site plan which you saw andapproved as part of the development agreement turned out not to be supportable in the current market. Specifically, • Market conditions for for -sale housing have worsened substantially. As you know, condominiums and townhomes were a large part of earlier site plans. • The amount of freestanding commercial space - which is more feasible than residential space in the current market - needs to be increased. However, it is limited by traffic constraints and the City's design guidelines for the area- In rea In an effort to make the project more market supportable, we made several changes to the proforma: • We replaced some condo units with rental units, • We replaced condo units with senior housing units, and • We increased the amount of commercial square footage. We do not feel that the project as it is currently structured is feasible. Over the past few months, we have spent considerable time testing different mixes of land uses to attempt to create a redevelopment pian which is market supportable and successful. Some of these changes are: • We increased the land price for townhome lots, • We increased the land price for commercial land, and • We increased the market values for the townhome units and commercial land, which increases the amount of TIF available. After all these changes, the project proforma still has a considerable financial shortfall, and it puts too much risk on us as the developer. The project currently has a gap of over $2 million, and the gap for Phase I - the most critical phase for financing and marketing the project - has a much larger gap still. ® Red Faun Dev wmwt 500 R=]z Building 615 Fust Av W NE conmacdon Mmneepolis, MN SS413 ® him=mt Phone 612.371.3080 49, ® Leasing & MemBemmt Fu 612.359.5858 w .Sa Mcom Mayor and City Council November 2, 2006 Page 2 We believe that additional financial assistance from the City is required to make the project work. We ask that you consider: • Carrying the land acquisition costs or providing a loan to us for this, • Waiving park and trail fees, • Paying for relocation expenses,, • Paying for off-site traffic improvement costs, or • Other ways to reduce project costs and/or carrying costs. We are not set that any of these is necessarily the answer, but additional assistance is needed to make the project feasible for us. We hope to make the Cedar Grove project work, but we.are prepared to work with you to part company amicably in the event it does not. We believe the project could be a great one, but it may not be the right project at this time. Sincerely, Brad Schafer President 150 TP, City of Eap 1 Ycmo TO: MAYOR GEAGAN AND CITY COUNCIL TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 2006 SUBJECT: CEDAR GROVE CORE AREA DEVELOPMENT AGREEMENT. UPDATE AND REQUEST FOR DIRECTION The purpose of this memo is to outline the status of the Cedar Grove Core Area Development Agreement between the City and the Cedar Grove Redevelopment Corporation, the Schafer Richardson partnership that was formed to act as the master developer for the core area of the Cedar Grove Redevelopment District. Overview This matter is before the City Council and EDA at this time for several reasons: The developer has not submitted Phase 1 Plans by the October 23, 2006 deadline prescribed in the amended development agreement and it is necessary for the City to determine how to proceed in light of that circumstance. Market conditions have shifted since the development agreement and preliminary concept plan were. approved in January, 2006, which has diminished the market supportability of the approved mbr and density of uses. In particular, the market for new suburban condominiums, which made up a substantial segment of the preliminary concept plan, has flattened. • Despite the fact that City staff and the developer have worked to refine the assumptions projected for the redevelopment, the financial proforma for the project retains a financing gap of $2 million to $3 million. The analysis presumes that the core area project will be sell -financing through TIF, with the exception of the City's obligation to use resources from elsewhere to cover costs such as environmental remediation, affordable housing and prior transportation improvements. • The refinement of some assumptions reduce the gap, but they are offset by the inability to assure the number and timing of construction of the condominium units. Since the number and density of this housing type represented a substantial amount of the new tax base in the revenue assumptions, it will be necessary to consider alternatives to fill the gap. These may be in the form of additional public capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial oommitrnent to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other ate. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the Keystone and Nicole Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocated within the area anticipating the mixed use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general concepts defined for the area, namely a mixture. of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspace and structured panting, where necessary to support necessary development densities. In order for the project to be market supportable, however, it appears necessary to consider land use alternatives outlined below to complement or supplement these new urban elements. While a further alternative would be to consider a more dramatic shift to a different mix of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical limits of the current traffic improvements and the proximity of the future Cedar Avenue BRT that will support. and benefit from higher density residential development. Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would need to be market supportable. For the . project to be successful in the future, the vision for the area will need to be clear enough to assure its quality, but flexible enough to incorporate those specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. New condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project is not market supportable at this time. 15?, While the flattening of the residential market crosses housing types, it is not as pronounced in the townhome and row home markets, such that a mixed use project for the area should be feasible, but its specific characteristics may need to change in the short run. A complete a shift toward lower density development resub,in decreased overall property value and, by extension, reduces the TIF available to underwrite project costs. This situation gave rise to discussions of land use alternatives. Land Use Altema To complement and retain the City s redevelopment general vision for the area, staff and the developer discussed whether market segments that are stronger at the present time, including retail, office, senior housing of various types and rental housing, could be integrated further into the mix of uses at Cedar Grove. The developer has prepared revised profonnas for several scenarios under which a portion of the higher density residential development would be replaced by a greater square footage of retail and office development and some of the higher density housing would shift to senior and rental products. One of the scenarios discussed is the addition of a certain amount of traditional, free standing retail development in the Gateway area of the development. In this scenario, the mixed use development previously shown at the gateway would shift to the west and the residential development in the western part of the district would contract to accommodate the change. This approach is similar.to developments in Maple Grove and Blaine that have a combination of a more traditional suburban development pattern that functions as an anchor for the new urban portions of the project, while generating additional tax base to support the remainder of the project. To the extent that they were analyzed, a financing gap of some scale remained for the core area project in each of the scenarios. Concert Plan and Phase 1 Site Plan The developer has indicated that it is not possible to proceed with implementation of the approved preliminary concept plan. In addition, he has indicated that he is not prepared to pay for the preparation of a graphic representation of an alternative concept plan, until the City agrees to offset the gap in the financial proforma. The challenge is that the City's level of financial support for a project in the area has always been predicated on the proposed development conforming sufficiently to the City's development expectations and the design guidelines. This can only be determined through an analysis of a concept plan and the more refined plans and graphics contemplated in the Phase Site Plans, The Council will need to determine whether it wishes to proceed with direction to identify l5-3 funds to close the gap, in the absence of those plans, or to provide other direction with respect to the redevelopment of the Cedar Grove Area. EDAICouncil Direction Alternatives for direction are outlined in the cover memo for this business item. Understanding that market support does not currently exist for a development concept that relies heavily on condominium development, it is dear that it is necessary to identify an altemative concept plan to form the basis of the redevelopment activity and move forward with implementation of the next phases of the project The issue is how best to accomplish that, whether in partnership with Schafer Richardson or by pursing other development partners for the project. Regardless of the direction chosen, the following factors are important to note. • The City now owns more than half of the property within the'redevelopment district • The .Council has given general direction to continue to acquire the remainder of the properties in the core area. • A substantial number of businesses associated with those properties have been successfully relocated and others are in the process of pursuing relocation options. • While the downturn in the condominium market presents a challenge, the emergence of market demand in a number of other sectors offers options for alternative approaches to the redevelopment of the area. If the Council determines to move forward with Schafer Richardson, it will be necessary to provide specific relative to challenge described in the Concept Plan and Phase I Site Plan discussion above. If the Council considers an attemative to part company with Schafer Richardson, it will be necessary to pursue another development partner or partners in the immediate future. I �1 lE.. . Cc: Gene VanOverbeke, Director of Administrative Services 1so DESCRIPTION OF PROPERTY The properly is the property described and outlined as Cedar Grove Properties Development Area on the attached map, and located in the City of Eagan, Section 19, Township 27, Range 23. Agenda Information Memo Eagan Economic Development Authority Meeting December 4, 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. City of Eapn 2007 General Fund Budget and Property Tax Levy Truth -in -Taxation public hearing December 4, 2006 Eagan Municipal Center Introduction Each year, as part of the budget preparation process, most Minnesota cities are required by law to hold a public hearing to receive comments on the types and levels of services proposed for the coming year and the anticipated costs of those services. These public hearings are referred. to as Truth -In - Taxation (TnT) hearings. Specifically, the proposed budget and proposed property tax levy, and their percentage increases from the current year levels, are to be discussed at the TnT hearing. The public hearing portion of the budget process is important as it offers residents and local business owners the. opportunity to provide feedback on the types of City services they expect and are willing to support. Even before TnT hearings were required by the State, Eagan's City Council had established a tradition of communicating its budget priorities to residents and providing a forum for public comment. We expect and welcome public comment as a constructive part of the budget process. Public input, together with the City Council's experience and City staffs expertise, help form the spending and cost management priorities for the City. Eagan Exempt from TnT This Year Under State law, a city is exempt from the requirement to hold a Truth -in - Taxation public hearing if its levy increase is within the inflationary threshold established by the State. For the payable 2007 levy, the State's inflationary allowance, referred to as the implicit price deflator, is 6.42%. Eagan's levy increase is 3.47%. For the second year In a row, because the levy Increase Is lower than the implicit price deflator, Eagan is exempted from the TnT hearing requirement this year. Nevertheless, the City Council has elected to hold a hearing, not only to receive public comment, but also to offer educational information to Eagan residents and business owners on the various services .provided by the City and how they are financed. Background In Minnesota, property taxes provide a significant portion of the total funding for K-12 schools and City and County services. The purpose of tonighrs hearing Is to discuss only the portion of taxes that support City services, which Is about one-quarter of a homeownees total property taxes. The City Council does not control the amounts levied for K-12 schools or County services. Nor does the City establish the market value of a property, another factor affecting the change in total taxes; it is the responsibility of the Dakota County Assessor's office to establish each property's market value. Annual increases to residential property values for taxability purposes were restricted under State law for several years, but the resulting "limited market values" are now being phased out. The result of the phase-out-4or those properties where actual value exceeds taxable value—is that taxable (i.e., limited) property values will be increasing at a faster pace than actual market values until the taxable value catches up to the actual value. The phase-out will be complete for taxes payable in 2009. For payable 2007; like last year, the increase in taxable market value was limited to the greater of (a)15% over last year, or (b) 25% of the difference between the taxable value and actual value as determined by the County Assessor. We believe many homeowners are again seeing property value increases approaching 15% on this year's Proposed Property Tax statements. Quite often over the years, the State Legislature has imposed levy limits on cities. The payable 2007 levy will mark the third year in a row that the State has not imposed limits. Calculating City Portion of Taxes Although not broken down for the reader, the City of Eagan tax figure in the TnT Proposed Property Tax Statements has three components: 1) the amount based on tax capacity, 2) the amount based on market value, resulting from the Community Center referendum approved by voters in 2000; and 3) the market value homestead credit, which is applied to the tax -capacity portion of the property tax on a prorated basis. (The market value homestead credit does not apply to commerciaUndustrial property.) Tax Capacity -based Portion The graphics on pages 8 through 10 help illustrate how the amount based on tax capacity is calculated. Each property's tax capacity (a function of market value and property type) is multiplied by the City's tax capacity rate, which is derived from the dollar levy approved by the Council. The City portion of taxes on a residential property with a market value of $278,021 (City average for 2006) is calculated as follows: First ... Tax capacity of $278,021 home = $278,021 x 1 % = $2,780 Then... Tax capacity -based taxes= $2,780 x.25239 (tax cap. rate) = $701.70 Market Value -based Portion In 2000, Eagan voters approved a bond referendum to fund development and construction of the Community Center in the Central Park area. The 20 -year serial bonds were sold in 2001. Each year, the amount of the debt service payments is levied as part of the property tax. The market value tax rate for 2007 is .0001574. Calculation of the 2007 market value -based tax on the home is as follows: Market value -based taxes = $278,021 x .0001574 (MV rate) = $43.76. KA Market Value Homestead Credit The TnT Proposed Property Tax Statement combines the tax capacity - based portion with the market value -based portion. For residential properties only, this total is then reduced by a homestead credit calculated according a formula set by the State (see page 8). In the example of the $278,021 home, the market value credit applied to the City portion of property taxes for a homestead in ISD 196is $39.32. Only the bottom line total tax, or $706.14 in this example, would appear on the TnT statement. The three components are summarized here: Tax capacity -based tax $ 701.70 Market value -based tax 43.76 Market value homestead credit 39.32 Total City tax $ 706.14 2007 Property Tax Levy Because of the several billion dollar deficit it faced in 2003, the State Legislature enacted significant. aid reductions to cities for 2004. Those reductions were subsequently extended into 2005 and 2006. Eagan lost its entire Local Government Aid (LGA) and Market Value Homestead Credit (MVHC) allotments from the State—more than $1 million each year. While the MVHC is scheduled to be restored to cities in 2007 under current law, there is significant skepticism among many local governments about the State keeping its promise, based on recent history. Like most other cities who have suffered serious MVHC cuts, Eagan has prepared its 2007 budget under the assumption that such aid will not be restored, and therefore, has again proposed to levy additional taxes to replace the State aid. If, however, the State does reinstate MVHC payments, the City Council plans to use the funds to pay down a $1.2 million obligation for capital equipment costs related to the startup of the Dakota Communications Center (DCC), which is discussed later in the 2007 General Fund Budget section of this narrative. Operating Levy General Fund Major Street Fund Equipment Revolving Fund General Facilities Renewal/Replacement MVHC Total Operating Levy Market Value* Levy – Community Center bonds Total Levy The total levy is up 3.3% from last year. 3 Actual 2006 $ 18,225,400 1,188,392 862,324 127,629 1153,562 21,557,307 1.202.093 $ 22,759,400 Proposed 2007 $19,067,200 1,247,812 905,440 134,010 950.100 22,304,562. 1.198.523 $ 23,503,085 The net operating levy of $221304,562 will be reduced by the MVHC estimate of $950,100 at the County, leaving a tax levy of $21,354,462 to be spread on the tax capacity of local property. 2007 GENERAL FUND BUDGET Expenditures Eagan's proposed 2007 General Fund budget is $25,449,3000 an Increase of $1,431,800, or 8.0%, from 2006. A significant portion of the increase is a result of "extraordinary" items that do not reflect a change in service levels. Examples of extraordinary items include energy costs over and above normal inflation and accounting changes in Recreation programming that "gross up" both revenues and expenditures in 2007.If the Impact ct of the ex reflects ary Items is eliminated, the resulting "app pplcomparison General Fund budget increase of only 4.4°h. More than two-thirds of the overall increase is due to higher costs for existing personnel. Wage increases under union contracts, similar increases for non-union staff, annual salary steps, higher health insurance costs, and higher mandated State pension costs all contribute to the increase. The 2007 budget reflects a significant swing between personnel and non - personnel costs. With the -newly -established Dakota Communications Center (DCC), a joint -powers partnership for emergency vehicle dispatching involving Dakota County and all ddies,therein, the City's existing emergency dispatcher personnel costs are replaced in. 2007 by a dollar contribution to the DCC. The 2006 personnel costs of $828,800 are removed; in tum, a contribution for DCC operating costs of $853,600 is included in the 2007 operating budget. Apart from the reduction in dispatchers, the net increase in full -time - equivalent (FTE) positions is 1.55. A full-time clerical technician is proposed in the Recreation division as part of a department restructuring. A half-time recreation program supervisor is also proposed in association with the Cky's acceptance of the Eagan Art House Board's request to make Art House class offerings a part of the City's general recreation programming. (Art House revenues will offset most of the additional costs to the City.) Minor hour changes in two other positions --assistant to the City administrator and accountant— essentially ccountantessentially offset one another and account for the final .05 FTE increase. Excluding again the DCC contribution mentioned above, non -personnel costs such as parts/supplies, contracted services, and small capital equipment purchases are up in total by $452,300 over the prior year. 4 Revenues The 2007 budget is balanced. As with expenditures, total revenues are estimated to increase 6.0%. Property taxes allocated to the General Fund are up 4.6%. Expecting the State will once again withhold the entire MVHC in 2007, the City Council preliminarily elected to levy taxes for this reduction, as it did in 2005 and 2006. The funding of Eagan's General Fund operations remains heavily reliant on the property tax; 75% of total estimated revenues are from property taxes. With virtually no reliance on State aid to finance General Fund operations, Eagan Will be less prone than most other cities to feel the effects of future State budget crises. User fees comprise the balance of General Fund revenues. The acquisition of the Art House programming noted earlier will add about $95,000 to the revenue budget. A comprehensive review of all other Recreation program revenues was conducted in 2006 by staff; as a result, new fees were recommended by the Advisory Parks Board and adopted by the City.Council. The new recreation fee structure provides an additional $130,000 in projected revenues for 2007. No other significant fee increases are incorporated in the 2007 revenue estimates. P FREQUENTLYASKED QUESTIONS (FAQs) When it comes to answering FAQs, sometimes pictures say it better than words. The charts and tables on the following pages serve to answer the questions we are commonly asked: - What share of my tax bill goes to the City? Page 7 - Pie chart illustrating where your property tax dollars go How is the City share of my tax bill calculated? Page 8 - Summary of three components of tax calculation Page 9 - Graphic of tax. capacity -based tax calculation Page 10 - Determining -tax capacity of a property Page 11- Determining the City's tax capacity rate How are my City tax dollars being spent? tax for a Page 12 - Pie chart reflecting allocation of 2007 property $278,021 house What other revenue sources are used to pay for the proposed budget? Page 13 - Pie chart of total revenues by source Page 14 - Comparative summary sofrevveennues for 2004 and 2005 actual, and 2006 and 2007 (as proposed) budget. What amount of spending is proposed for 2007, and how does it compare to prior years? Page 15 - Pie chart and table of major expenditure categories Pa aan2asof expenditures for 2004 and 2005 actual, and and 2007 proposed) budget How do my City taxes compare with those of other Metro -area suburbs? Page 17 - Bar chart comparing Eagan with 17 other area cities 1.1 I Where will your 2007 property tax dollars go? Calculation is for residential property located In ISD 196. City County . 260% .25 6., r Schayo�ls, �> „�t t pJ'� Y N\ 1- Approved' _ a- °� 32PNO 1 7 Calculating the City Portion of Property Taxes There are three basic components to the City tax figure shown in your Proposed Property Tax Statement: 1) Tax capacity -based taxes This is the more complicated part of the calculation. see graphics on pages 9-11. 2) Market value -based taxes In a 2000 referendum election, voters authorized the City to issue bonds to develop the Central Park area and construct a Community Center there. Bonds in the amount of $13,970,000 were issued in 2001. Bond payments are made from a tax levy that is based on a property's market value, calculated like this: 3) Market Value Credit applied to City portion (pertains to residential properties only) Beginning with the payable 2002 property taxes, the State Legislature instituted a market value credit for homestead property taxpayers. The credit reduces the property taxes. It is calculated as 0.4% of the market value of a homestead up to a maximum credit of $304 for a home valued at $76,000. For homestead values over $76,000, the credit phases out, on a straight-line basis, to zero for a home valued at $414,000. The total. credit for each homestead is applied on a pro -rata basis to City, County, School District and other components of the property taxes. E Tax Capacity Portion of Property Taxes Influencing factors: Property: value FLgenerated be General Fd expenditures Debt service T y Allocation to capital proj. Dakota Cty.Assessor. State alds other non -tax revenues is Class rate%;- State. Legislature. EW Total tax capacity available to generate taxes. E) Influencing factors: Development/growth Tax class rate changes Fiscal disparities TIF V Determining Your Property's Tax Capacity Property Class Rates 2006 2007 Residential (both homestead and non -homestead) First $500,000 in value 1.00% 1.00% Over $500,000 1.25% 1.25% CommerciallIndustrial First $150,000 in value 1.50% 1.50% Over $150,000 2.00% 2.00% Example 1: Residential homestead valued at $278,021: 2007 tax capacity = $278,021 x 1.00% _ $2,780 Example 2: Residential homestead valued at $600,000: $500,000 x 1.00% _ $5,000 $100,000 x 1.25% = 1.250 2007 tax capacity = $6,250 10 Determining the City's Tax Capacity Rate Total fazes to be Total tax capacity generated:by' available to - le generate taxes 2006 2007 % change Property tax levy Operating $21,557307 $ 22,304,562 3.5% Debt service 0 0 - Subtotal 21,557 307 22,304,562 3.5% Less: Fiscal Disparities Distribution (1,656,452) (1 761 247 6.3% Net local levy $19,900,855 $ 20,543,315 3.2% 2006 2007 % change Total tax capacity $ 85,160,030 $ 93,122,055 9.3% Less: Fiscal Disparities Contribution (10,064,239) (10,735,570) 6.7% Tax increment (570,892) (991,687) 73.7% Net local tax capacity $ 74,524,899 $ 81,394,798 9.2% 2006 tax capacity rate = 19,900,855 /74,524,899 = .26704 2007 tax capacity rate = 20,543,315 / 81,394,798 = .25239 11 How are my City tax dollars allocated? $706 in taxes on a $278,021(avg) Eagan home Capital Equip My $27 Homestead Credit Comm Ctr Contingency $27 Debt —\c$1 / $44 L_L� Genl Govt Bldgs $14 Parks/116c . $95 1 , t PubUcWorks Public Safety $254 12 Gen Feel[. RIR $4 Major Street $37 2007 General Fund Revenues $ 2594499300 - s • f F � Y KY �t s.a :. M � °�� `� � w, tier ��h J &gyp r�; �t � �, r�.„`�t 't ` :• 1R � A- } d�Cl yYp s1ri:i. i Y r �rsf.t ,. Lk arses & Permits Other 42% 2.9% Transfers Recreation Program 1.8% ChargesRevenues Charges forIntergov't 5.7% 3.7% Services Revenue 4.5% 22% 13 2007 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES General Property Taxes Licenses Permits Intergovernmental Rev Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers 2004 2005 20062007 Actual Actual Buda et Proposed $ 16,214,910 $ 17,292,300 $ 18,225,400 $ 19,067,200 250,736 248,507 261,600. 260,900 1,010,638 1,057,785 972,200 818,600 662,375 591,389 595,500 568,900 1,187,572 1,310,369 1,019,200 1,157,000 581,092 509,100 616,300 935,200 271,447 287,149 268,300 282,100 268,989 381,869 350,200 459,500 1,100,221 1,309,569 1,314,200 1,447,100 369,920 402,392 394,600 452,800 TOTAL GENERAL FUND $ 21,917,900 $ 23,3 $ 24,0 $ 25,449,300 14 15 2007 Comparative Summary of Expenditures General Fund Budget PUBLIC SAFETY 11 Police 477,100 2pp4 2005 2006 5,739,600 Patrol 2,162.800 Support Services Total Police 7,735,803 8,778,306 9,334,500 9, 832,600 12 'Fire Budget Administration 173,800 Actual Actual Budget Proposed GENERAL GOVERNMENT $ 108,380 $ 112,577 $ 121,900 $ 127,500 01 02 Mayor& Council Administration 705,281 532,276 502,100 485,200 03 Information Technologies 907,676 1,135,655 1,060,000 294,900 1,141,400 229,000 04 City Clerk 304,334 767,946 225,887 821,927 900,400 955,200 05 06 Finance Legal 387,499 478,504 400,700 458,000 07 Comm Dev-PlanninglED 675,316 820,341 813,900 999,300 880,100 906,300 08 Comm Dev-Inspections 852,828 369,985. 925,919 401,639 394,500 452,800 09 10 Communications Human Resources With Admin 231.800 240.500 241,900 Gen Govt Total 5,079,245 5,686,525 5,728,200 5,877,400 PUBLIC SAFETY 11 Police 477,100 Administration 1,453,100 Investigations 5,739,600 Patrol 2,162.800 Support Services Total Police 7,735,803 8,778,306 9,334,500 9, 832,600 12 'Fire 961,800 Administration 173,800 Operations 228,600 Inspections/prevent 177.500 Support Total Fire 1.025.743 1.100.821 1218.500 1.541,700 Public Safety Total 8,751,546 9,879,127 10,553,000 11,374,300 PUBLIC WORKS 21 Public works/Engineering 22 Streets 24 Central Svices. Maint. Public Works Total PARKS & RECREATION Parks & Recreation 30 Recreation 31 Parks Total Parks and Rec. 32 Tree Conservation Parks & Rea Total GENL GOVT BLDG MAINT 33 Building Maintenance 1,108,634 1,352,192 440.601 2,901,427 3,053,375 INA 1,206,353 1,412,796 441.541 3,060,890 3,246,188 386240 3,632,428 1,315,900 1,454,000 485.900 3,255,800 3,429,000 408.400 3,837,400 1,138,900 1,617,400 531.800 3,288,100 2,053,900 1.737200 3,791,100 464.100 4,255,200 583,442 647,788 618,200 639,400 Total Expenditures - General Fund $ 20,700,215 41 Contingency -undesignated Transfer Out Total Expenditures + Contingency 16 22,905,558 23,990,500 25,434,400 26,900 14,900 1,575,000 AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING December 19, 2006 6:30 P.M. L ROLL CALL & PLEDGE OF ALLEGIANCE p. IL ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS A. Recognition of Mayor Pat Geagan IV. CONSENT AGENDA P• P• 13 P. p. 2'1 P• 29 32 •p- 50 P 53 514 p. 85 P•$('0 Be P•�o lJ qr P.P. �3 P - j 0Z5" 10 Pim V. r, 1' A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS D. APPROVE 2007 Enterprise Fund Budgets for Water, Sanitary Sewer, Street Lighting, Storm Drainage, and Water Quality, and Community Center Fund E. APPROVE 2007 Special Revenue Budgets, including Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, and Cable Franchise Fees Fund F. APPROVE 2007 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television Budgets G. APPROVE Resolution Authorizing Check Signators at Anchor Bank H. APPROVE Eagan PSAP Joint Powers Agreement with the DCC I. APPROVE Joint Powers Agreement with the Retirement Enhancement and Benefits Alternatives Trust III (REBA III) J. APPROVE 2007 Tobacco License Renewals K. APPROVE 2007 Trash Hauler License Renewals L. APPROVE 2007 Tree Contractor License M. APPROVE Updated Business Assistance Policy and Related Public Financing Policies N. APPROVE 2007 Fee Schedule for Consulting Engineering Contracts O. APPROVE Encroachment and Maintenance Agreements — Steeplechase (Landscaping, mailbox shelters and storm drainage structures) P. APPROVE Modification of Municipal Agreement, Contract 06-01 (TH 149 Upgrade) Q. RECEIVE Feasibility Report and Schedule Public Hearing (January 16, 2007) for Project 950 (Opperman Drive & TH 149 -Intersection Reconfiguration R. APPROVE Federal Participation in Advance Construction Agreement, Contract 06-01 (TH 149 Upgrade) S. APPROVE Traffic Signal Agreement with Dakota County, Central Parkway & Pilot Knob Road T. APPROVE Easement Agreement for Parcel 10-87000-011-00, Project 778 (TH 149) U. Removed V. Removed W. APPROVE Final Subdivision (Town Centre 100 2& Addition) X'APPROVE Resolution accepting a $1,525.12 donation from the Eagan Firefighters Relief Association Y. APPROVE Agreement for the City of Eden Prairie to extend website services support to the City of Eagan Z. Removed AA. APPROVE 2007 Renewal of Contract with Lifeworks, Inc. BB. DIRECT staff to proceed with a rezoning process for property legally described as Lot 9, Block 1, Letendre Addition No. 3 and located at 3206 Sibley Memorial Highway in the SW'/. of Section 9. CC. APPROVE extension of final Subdivision for recording, Lo Nidy, located in the NW %4 of Section 13. DD.ACCEPT donation of personal property located in the Eagan Art House from the Dakota Center for the Arts. PUBLIC HEARINGS F, 109 A. 2006 (Payable 2007) PROPERTY TAX LEVY ,p' 0 B. 2007 GENERAL FUND BUDGET . ` 13 C. 2007 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET p D. PROJECT 946, Thomas Center Drive, Street Overlay and Trail Improvements P•F* .�PROJECT 948, Westbury Addition, Street Overlay `�y�. PROJECT 949, Lexington Square, Street Overlay VL OLD BUSINESS I;. aN A. 2007 FEE SCHEDULE — Establishing Fees for Various City Services, Supplies and Materials 13P. YANKEE DOODLE ROAD CORRIDOR AND ACCESS MANAGEMENT STUDY (06 -RAS -02) q I�C. VACATION of Drainage and Utility easements (Lots 1 & 2, Block 1, Silicon Graphics Addition and Final Subdivision (Waters Annex), CSM Equities, LLC DaS 0 D. Consider FINAL PLANNED DEVELOPMENT (Lot 1, Block 1, Waters Annex) White House Custom Colour, Inc. E. Consider CAPONI ART PARK & LEARNING CENTER Tunnel Fence Removal PVIL NEW BUSINESS VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE ,QV W IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B.Adopt Agenda pa(00 C. Approve Minutes D. Old Business 21. CEDAR GROVE REDEVELOPMENT DISTRICT — Direction regarding the Core Area Redevelopment 'J N Agreement with Schafer Richardson. �7b 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Occupancy Proposal for Grand Slam at Cedarvale Mall E. New Business F. Other Business G. Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIIL 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 boors is received, the City of Eagan will attempt to provide such aid. City of Earn Yeo TO: HONORABLEMAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 15, 2006 SUBJECT: AGENDA INFORMATION FOR DECEMBER 19, 2006 CITY COUNCIL MEETING. ADOPT AGENDA After approval is given to the December 19, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 19, 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 NIINUTES ACTION TO BE CONSIDERED: To approve the minutes of the December 4, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the December 4, 2,006 regular City Council meeting are enclosed on pages 3 through A . MINUTES OF A REGULAR MEETING OF THE ®� EAGAN CITY COUNCIL /9 Eagan, Minnesota i r December 4, 2006 A Listening Session was held prior to the regular City Council meeting on December 4, 2006 in the Eagan Room. A representative of Wescott Townhouse Association invited the Mayor and Councihnembers to attend an open house at Eagan Hills Condominiums to be held December 10, 2006 which will benefit Dakota Woodlands. A regular meeting of the Eagan City Council was held on December 4, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councihnembers Fields, Tilley, Carlson, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Engineer Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 21, 2006 special City Council meeting and the November 21, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Julie Anderson as a part-time recreation program supervisor effective Januaryl, 2007. 2. It was recommended to approve the hiring of Elizabeth Bentson as a part-time Clerical Tech III in the Police Department. 3. Ratify Teamsters Maintenance Contract C. Check Registers. It was recommended to ratify the check registers dated November 23, 2006 and November 30, 2006 as presented. D. General Insurance Renewal, It was recommended to approve the general insurance renewal for the period 7-1-06 to 7-1-07. E. 2007 General Legal Services Hourly Rates. It was recommended to approve the 2007 General Legal Services Hourly Rates. F. 2007 License Renewals for Pet Shoes and Kennels It was recommended to approve the 2007 kennel and pet shop license renewals subject to payment of fees ad compliance with requirements of the application. G. 2007 Pigeon License Renewal. It was recommended to approve the 2007 License to Harbor Carrier / Homing / Racing Pigeons for Eric Drenckhahn, 2811 Pilot Knob Road. H. CDBG Funding. It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2007 to the Daktoa County Community Development Agency. 1. Extension for Recording Plat. It was recommended to approve a 90 -day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE '/4 of Section 36. J. Resolution. It was recommended to approve a Resolution in support of adding the Mothers property at 3388 Mike Collins Drive to the Bioscience Zone application from Dakota and Goodhue Counties. K. Project 778. It was recommended to approve a Joint Powers Agreement for Project 778 (Trunk Highway 149 — Street Upgrade) with the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. 3 Eagan City Council Meeting Minutes December4,2006 Page 2 DRAFT L. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for the proposed Waters Annex development. M. Project 944. It was recommended to receive the Draft Feasibility Report for Project 944, Killdeer Addition (Joyce Court — Street Improvements) and schedule a public heating to be held on January 2, 2007. N. Proiect 945. It was recommended to receive the Draft Feasibility Report for Project 945, Sheffield Addition (Sudberry Lane — Street Improvements) and schedule a public hearing to be held on January 2, 2007. O. Project 947. It was recommended to receive the Draft Feasibility Report for Project 947, (Fawn Ridge V / 2w Additions — Street Improvements) and schedule a pubic hearing to be held on January 2, 2007. P. Proiect 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-30601-050-00 and authorize the Mayor and City Clerk to execute all related documents. Q. Access ement Study. It was recommended to approve a Cost Participation Agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Road (Denmark Avenue to TH 149) and authorize the Mayor and City Clerk to execute all related documents. R. Contract 05-03. It was recommended to approve the final payment for Contract 05-03 (Well No. 21 — Development and Pumping Equipment) in the amount of $22,572.04 to Mark J. Traut Wells, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. S. Heart Healthy Living Program. It was recommended to approve the renewal of a contract with Heart Helathy Living, PA. for 2007 to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. T. Lease. It was recommended to approve a lease renewal for Burnsville Eagan Community Television at its current location. U. Policies and Procedures. It was recommended to approve a resolution regarding policies and procedures governing the receipt and review of applications for additional Cable franchises. V. Opposition to Legislative Proposals. It was recommended to approve a resolution stating opposition to Legislative proposals that remove Cable Television Build -Out Provisions from Chapter 238 of Minnesota State Law and forward copies of this resolution to Eagan's state legislative delegation and the League of Minnesota Cities. W. Extension for Recording Final Plat. It was recommended to approve a 90 -day extension of time to record the final plat for Oakview Center 2' Addition, located south of Lone Oak Road and north of Highway 55 in the NW 'I. of Section 12. X. Proiect 950. It was recommended to receive the petition and authorize the preparation of a feasibility report by Bonestroo and Associates for Project 950 (Opperman Drive and TH 149 -Intersection Reconfiguration). PUBLIC HEARINGS PROPERTY BUDGET AND PROPERTY TAX LEVY FOR 2007 — TRUTH IN TAXATION HEARING City Administrator Hedges introduced this item regarding the proposed Budget and property tax levy for 2007. He discussed the 2007 Special Service District Budget. Councihnember Carlson moved, Councihnember Tilley seconded a motion to close the public hearing and set the 2007 Cedarvale Special Services District levy and budget considerations for the December 19, 2006 City Council meeting. Aye:5 Nay:0 Administrator Hedges made a presentation on the budget and property tax levy for 2007. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councibnember Tilley moved, Councilmember Fields seconded a motion to set the 2007 General Levy and General Fund Budget considerations for the December 19, 2006 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 4, 2006-DRAFT 006Rq , c T Page 3 I LOT 1, BLOCK 1, CENTENNIAL RIDGE 2ND (LENA COURT) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility easements within Lot 1, Block 1, Centennial Ridge 2°d Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing and apwrove the vacation of a portion of public drainage and utility easements within Lot 1, Block 1, Centennial Ridge 2° Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 LOTS 1 & 2, BLOCK 1, SILICON GRAPHICS IST EASEMENT VACATION City Administrator Hedges introduced this item regarding the easement vacation for Lots 1 and 2, Block 1 Silicon Graphics 1° Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to close the public hearing and continue consideration of the public easement vacation for formal consideration with the Final Plat for the Waters Annex Addition. Aye:5 Nay:0 PROJECT 776, YANKEE DOODLE ROAD FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Yankee Doodle Road street and utility improvements. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. Tim Keane representing the Virginia Fox family and Gopher Refining noted their objection to the final assessment. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 776 (Yankee Doodle Road — Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll for the Lexington Avenue, Lone Oak Road to Trunk Highway 55 street reconstruction and overlay. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 — Street Reconstruction and Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 4,-2006 DRAFT Page 4 PROJECT 928, MEADOW VIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Meadowview Road / Alexander Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Three property owners expressed their opposition to the proposed assessments. City Engineer Matthys explained the proposed assessment policy and rate. Public Works Director discussed the background of the assessment process for this property. Council agreed to continue the public hearing pending further review of the City assessment policy in regard to this project by the Public Works Committee. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the Final Assessment Roll for Project 928 (Meadowview Road / Alexander Road — Street Improvements) to February 20, 2007 and direct the Public Works Committee to review the issue. Aye: 5 Nay: 0 There was no old business. OLD BUSINESS NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCE — RICHARD SKINN City Administrator Hedges introduced this item regarding a request for a Conditional Use for outdoor storage, for property located at 4890 Biscayne Avenue. City Planner Ridley gave a staff report. Don Weber, owner of Sierra Metals, discussed hours of operation, stating that work would not begin prior to 8:00 a.m. in an effort to eliminate noise early in the morning. He stated without the conditional use permit, he will be unable to conduct business in the City of Eagan. Brent Koth, 545 Spruce Street, discussed noise coming from the business early in the morning. He also stated that the variance is very excessive. Richard Skim, owner of the property, discussed the history of the 33 foot piece of property adjacent to Gun Club Road. He has his surveyor working to determine if the vacated right-of-way has reverted to his ownership. Council discussed the possibility of an interim use permit being more appropriate for this request rather than a conditional use permit due to the property being adjacent to a residential area Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to explore the possibility of an Interim Use Permit for outdoor storage, for property located at 4890 Biscayne Avenue to the February 6, 2007 regular City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley was absent for the remainder of the meeting. CONDITIONAL USE PERMIT AND VARIANCE — WENSMANN HOMES INC. City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for outdoor storage, and a variance of a 40 -foot rear yard, 20 -foot north side yard and 10 -foot south side yard setback for property located at 4870 Biscayne Avenue. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes. December 4, 2006 Page 5 ®RAFT Terry wensmann, applicant, discussed proposed conditional use permit, noting that his business is not adjacent to a residential area. Brent Koth requested uniformity in the fencing of the businesses adjacent to the residential area. CouncHmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage, for property located at 4870 Biscayne Avenue, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A revised site plan indicating the storage area for the above ground fuel storage details as required by the Fire Marshal shall be submitted. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 31, 2006. 4. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than July 1, 2007. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be properly maintained to prevent deterioration. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of a 40 foot rear yard, 20 -foot north side yard and 10 -foot south side yard setback, for outdoor storage on property located at 4870 Biscayne Avenue in the SE 1/4 of Section 36, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The height of the outdoor storage shall be screened via landscaping or a privacy fence on the property. ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11, Section 11.70, Subdivision 28 regarding signage inspections. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.70, Subdivision 28, to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 4 Nay: 0 ' LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no update. It was noted that there would not be a meeting of the Economic Development Authority. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue the Economic Development Authority meeting to December 19. ADMINISTRATIVE AGENDA City Administrator Hedges noted that there would be a closed session of the Council after the regular meeting. VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes December 4, 2006 Page 6 ®,pq 14-1. Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:55 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. Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Parttime Fitness Attendants/Community Center— ACTION TO BE CONSIDERED: To approve the hiring of Bridget Faney and William Bigelow as part-time fitness attendants at the Community Center. Item 2. Resignation/Crime Analyst— ACTION nalyst ACTION TO BE CONSIDERED: To accept the letter of resignation from Evan Marshall, Crime Analyst in the Police Department, and to authorize advertisement for replacement of this position. Item 3. Occupational Health Services Contract— ACTION TO BE To approve the engagement of services to be provided by Twin Cities Occupational Health as the City's occupational health services provider for 2007 and 2008 contingent upon City Attorney and City Administrator's review. . Item 4. Clerical Teamsters Bargaining Unit Contract— ACTION TO BE CONSIDERED: To ratify the Clerical Teamsters Bargaining Unit Contract for 2007. Item 5. Memorandum of Agreement/Dispatchers' Severance Pay— ACTION TO BE To approve the Memorandum of Agreement between the City of Eagan and the Dispatchers regarding Dispatchers' severance pay. The agreement is available in the City's Administrator's office for review. Agenda Information Memo December 19, 2006 Eagan City Council Meeting Item 6.2007 Compensation - ACTION TO BE • To approve a 3.5% annual wage adjustment to the 2007 non —union Compensation Plan for all regular non -collective bargaining employees, effective the full payroll closest to January 1, 2007. The July 2005 to July 2006 Consumer Price Index - Urban Wage Earners and Clerical Workers is 3.5% and Eagan's approved union settlements in place for 2007 are at the 3.5% level. Increases for comparable cities range between 3 and 3.5 per cent depending upon unique circumstances in the individual cities. • To approve a 3.5% adjustment to the Directors' car allowances. To approve the 2007 City Administrator compensation as follows: o increase compensation per salary cap legislation. o Provide an additional vacation accrual of 45.17 hours and authorize the City Administrator to exceed.the vacation accrual cap by up to that amount. o Continue to provide a car allowance at the 2006 rate. • To approve an annual wage adjustment to the Parks & Recreation 2007 Seasonal Compensation Plan and for temporary, seasonal, and recurring non -collective bargaining employees between 0% and 3%. To adopt the IRS mileage rate effective January 1, 2007. The current IRS rate for 2007 is 48.5 cents per mile. Should the 2007 rate change, the City's reimbursement will automatically adjust to the new rate. Item 7. Cafeteria Plan - ACTION TO BE • To approve the amendment and restatement of the City's Cafeteria plan to provide for the reimbursement of medical and employment-related dependent care expenses and to provide medical insurance coverage and direct compensation and to authorize the Mayor and City Clerk to execute the Plan on behalf of the City. Agenda Information Memo December 19, 2006 Eagan City Council Meeting Item 8. VEBA Basic Plan Adoption Agreement— ACTION TO BE • To approve the Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Basic Plan Adoption Agreement for City of Eagan. As part of the City 2007 health insurance reform, a Voluntary Employees' Beneficiary Association (VEBA) is being offered to employees. At the November 21, 2006 meeting America's VEBA Solutions was approved to provide administrative services for implementation of the pian. This approval provides for the Basic Plan Adoption. Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 7, 2006 and December 14, 2006 as presented. ATTACHMENTS: • Check registers dated December 7, 2006 and December 14, 2006 are enclosed without page number. Agenda Information Memo December 19, 2006 Eagan City Council Meeting D. Approve Proposed 2007 Public Utilities Enterprise F and Budget (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality) and Community Center Budget. ACTION TO BE CONSIDERED: Approve the proposed 2007 budgets for the Public Utilities Enterprise Fund (Water, Sanitary Sewer, Streetlighting, and Stone Drainage(Water Quality) and the Community Center Fund. FACTS: The City Council reviewed these budgets in September, no changes to the expenses have been made since then. Water and Sewer revenues have been adjusted upward due to the proposed rate increases (4.2% water, 5.0% sewer) in the 2007 Fee Schedule (Item A of Old Business). . User fees support these budgets. ATTACHMENTS: • Enclosed on page 1 4 is the Public Utilities Fund revenues and expenses summary. • Enclosed on page 15 is the Community Center revenues and expenses summary. 15 Other non -departmental revenues: Interest Income Public Utilities Fund Connection charges 460,000 Antenna lease revenue 209,000 2007 Budget Total - non -dept revenue 2,222,500 Revenue and Expense Summary Sanitary street Stone Water Water . Sewer Lighting Drainage Duality TOTALS Revenues: Service charges $4,625,000 $ 5,078,000 $ 462,600 $ 321,450 $ 750,050 $ 11,237,000 Connection permits 9,000 8,000 - - - 17,000 Meter sales 50,000 - 50,000 Other 9,000 - 70,000 79,000 Total revenues 4,693,000 51086,000 462,500 321,450 820,050 11,383,000 Operating expenses: Personal services 1,096,000 434,100 - 34,500 317,000 1,881,600 Supplies, repairs, maint. 220,500 135,700 - 11,600 44,500 412,300 Other services & charges 1,685,200 564,700 491,800 144,200 220,300 3,106,200 Merchandise for resale 82,500 - - - 82,500 Capital outlay 64,000 215,000 900 279,900 MCES disposal charges 3,499,000 - 3,499,000 Total operating exp 3,146;200 4,848,500 491,800 190,300 582,700 9,261,500 Net income before depreciation & debt svc 1,644,800 237,500 (29,300) 131,150 237,350 2,121,500 Depreciation (1,804,200) (607,700) (12,800) (960,500) (61,700) (3,446,900) Debt service (prin + int) (863,500) (863,500) Net income (loss) (1,122,900) (370,200) (42,100) (829,350) 175,650 (2,188,900) Other non -departmental revenues: Interest Income 1,529,100 Connection charges 460,000 Antenna lease revenue 209,000 Other 24,400 Total - non -dept revenue 2,222,500 Net revenues in excess of (less than) expenses $ 33,600 14 41111� C4 Of is p 2007 Adopted Budget Operating Budget Community Center Responsible Manager: Jul! Johnson, Director of Parks & Recreation REVENUE SUMMARY EXPENDITURE SUMMARY Actual 2004 2005 2006 2007 2004 2005 Actual Actual Budget Estimate 4304 Personal trainers 4,282 30,257 37,500 47,400 4305 Equipment rental 5,602 7,080 3,000 15,000 4310 Park program revenue 74,483 22,216 15,400 15,500 4312 Concessions sales 28,637 38,994 33,900 73,000 4314 Merchandise sales 2,910 2,502 3,700 4,000 4316 Group sales 69,413 63,202 98,800 78,600 4318 Daily admissions 67,450 70,064 78,100 73,000 4321 Memberships 352,657 501,259 706,600 688,500 4323 Vending 6,148 5,675 6,000 7,500 4324 Room rentals 131,269 188,473 249,900 260,000 4326 Facility rentals 6,221 1,221 1,500 4,500 4328 Contract revenue 47,139 44,112 57,000 85,000 4621 ECVB rent 7,333 3,621 9,000 10,300 4610 Interest income 22,292 37,777 20,000 - 825,836 1,016,453 1,320,400 1,362,300 Transfer in -antenna lease revenue 190,856 300,220 141,000 225,800 Total revenues 1,016,692 1,316,673 1,461,400 1,588,100 EXPENDITURE SUMMARY 15 Actual Actual Budget Proposed Expenditure 2004 2005 2006 2007 Personal Services $ 721,483 $ 813,998 $ 905,000 952,200 Parts and Supplies 48,616 56,983 82,100 75,900 Services and Other Charges 194,903 282,346 287,200 324,500 Capital Outlay 31,442 11,895 34,500 80,200 Merchandise for Resale 20,248 30,651 31,000 30,800 Reserve for Renewal & Replacement - 120,800 121,600 124,500 Total $1,016,692 $1,316,673 $1,461,400 $1,588,100 15 Agenda Information Memo December 19, 2006 Eagan City Council Meeting E. Approve 2007 Special Revenue Funds Budgets: Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, and Cable TV Franchise Fees Fund ACTION TO BE CONSIDERED: Approve the 2006 budgets for the following Special Revenue Funds: Enhanced 9-1-1 Fund Housing Fund Police Forfeiture Fund DWI Forfeiture Fund Cable TV Franchise Fees Fund FACTS: For financial reporting purposes, it is required that the City Council adopt each of these budgets. The purpose of each fund, the revenue sources, and the expenditure categories are fisted for each fund in the attachments. • There are no tax levies related to these funds. ATTACHMENTS: • Enhanced 9-1-1 Fund budget on page • Housing Fund budget on page-2D— Police age%Police Forfeiture Fund on page 7-7� , I • DWI Forfeiture Fund budget on page Z • Cable TV Franchise Fees Fund budget on page 4 . ANIL Mwor My 0( Raju 2007 Proposed Budget Operating Budget Special Revenue Funds — Enhanced 9-1-1 Fund (112) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Enhanced 9-1-1 Fund is to: • Account for State and County grant funds received to support the emergency 9-1-1 and reverse 9-1-1 systems. • Automatically capture the caller's telephone number, and cross referencing that number to a location, thus allowing the system to accommodate multi - jurisdiction areas by routing 9-1-1 calls to the appropriate agency for that location. The system can also display the caller location on a screen at the dispatch center. The Special Revenue Enhanced 9-1-1 Fund is responsible for the following functions: • To account for grant revenue received from Sate and County grants that support the emergency 9-1-1 and reverse 9-1-1 systems. • To fund the implementation, improvement, and maintenance of enhanced 9-1-1 systems. OI Bap 2007 Proposed Budget Operating Budget Special Revenue Funds - Enhanced 9-1-1 Fund (112) Expenditures by Category HIGHLIGHTS & CHANGES Overview: Starting in 2007, the Enhanced 9-1-1 Fund will be transferring over from the City of Eagan to the DCC. Thus, all state and county grants associated with 9-1-1 will be received by the DCC rather than by the City of Eagan. Hlahliaht/Chanae 1: The majority of revenues and expenditures will now be handled by the DCC rather than by the City of Eagan Financial Impact: Almost all activity associated with the Enhanced 9-1-1 fund will now be the responsibility of the DCC. The majority of revenues will be received and all expenditures will take place at the DCC. Service Level Impact: 9-1 A services will now be handled by the DCC rather than by the City of Eagan. Fund Balance, Beginning of Year Revenues: Intergovernmental State Grants Other Refunds -Flint Hills Interest on Investments Total Revenues Expenditures: Professional Services Conferences/Maetings/ Training System Repairs 9-1-1 Telephone Charges Reverse 9-1-1 Charges Capital Equipment Total Expenditures Fund Balance, End of Year REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget $ 144,761 $ 146,737 $ 171,800 $ 189,300 58,315 22,800 3,002 81,976 12,407 3,095 65,000 12,200 2,000 11,000 3,000 84,117 97,478 79,20.0 14,000 561 723 700 - - 2,768 - 380 - 22,336 26,405 30,000 - 19,659 33,349 31,000 32,600 39,205 9,170 82,141 72,415 61,700 32,600 $ 146,737 $ 171,800 189,300 $ 170,700 0 94 Of hp 2007 Proposed Budget Operating Budget Special Revenue Funds — Housing Fund (113) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Housing Fund is to: • Provide financing for future housing -related developments within the City. • The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. • The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name. • The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997 and a note was issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds._ At the and of 1998, the City sold Its interest in the note to a third party for $1,200,000, and as a component of this transaction, the proceeds of the closing were loaned to the Aquatic Facility. The Special Revenue Housing Fund is responsible for the following functions: • To account for annual fees collected on the principal balance of revenue bonds issued under the City's name used to finance multi -family housing developments. • To account for the internal loan made to the Aquatic Facility construction fund which is to be repaid over 20 years with the final payment due in October of 2018. PERFORMANCE INDICATORS Number of revenue bonds issued under the Gitys name finance multi -family housing developments 2005 Actual 19 2006 2007 0 Of Bap 2007 Proposed Budget Operating Budget Special Revenue Funds - Housing Fund (113) Expenditures by Category HIGHLIGHTS & CHANGES Overview: The proposed 2007 housing fund budget Is expected to be about the same as the 2006 housing fund budget both on the revenue and expenditure side with the exception of a slight Increase expected in revenues. This increase in revenues is due to the inclusion of approximately $20,000 budgeted for interest on investments. %, J HlahliahtlChanne 1: Budgeted revenues for the 2007 budget are expected to increase by approximately $20,000.because of interest on investments being included in the 2007 budget. Interest on Investments was not included in the 2006 budget amounts. Actual interest on investment amounts for 2005 totaled approximately $21,000 after factoring in the market value adjustment for the year. Financial Impact: Total revenue increase of $20,000. Service Level Impact: None. REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $1,895,623 $ 2,091,696 $ 2,285,237 $ 2,455,195 Revenues: Housing Bond Fees 90,420 78,651 78,415 77,895 Interest on Investments 15,490 21,310 20,000 Total Revenues 105,910 99,961 78,415 97,895 Other Financing Sources: Interest on Loan 49,913 47,680 45,843 43,343 Principal on loan 45,000 50,000 50,000 55,000 Total Other Financing Sources 94,913 97,680 95,843 98,343 Total Revenues and Other Financing Sources 200,823 197,641 174,258 196,238 Expenditures: Monitoring Fee 4,750 4,100 4,300 4,300 Total Expenditures 4,750 4,100 4,300 4,300 Fund Balance, End of Year $ 2,091,696 $ 2,285,237 $ 2,455,185 $ 2,647,133 co 94 Of Ea jan 2007 Proposed Budget Operating Budget Special Revenue Funds — Police Forfeiture Fund (114) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Police Forfeiture Fund is to: • Account for money received from the court system related to criminal forfeitures. • The money accounted for in this fund is restricted for police operations. • Activity in this fund has decreased due to the creation of the Special Revenue DWI Forfeiture Fund which accounts for criminal forfeitures related to DWI's, and because criminal forfeitures related to controlled substances now go to the Dakota County Drug Task Force. The Special Revenue Police Forfeiture Fund is responsible for the following functions: • To account for money received from the court system related to criminal forfeitures. MY of E*R 2007 Proposed Budget Operating Budget Special Revenue Funds — Police Forfeiture Fund (114) Expenditures by Category HIGHLIGHTS & CHANGES Overview: The 2007 Special Revenue Funds — Police Forfeiture Budget is up $888, or .7% over 2006. Due to the creation of the DWI Fund (115), and because criminal forfeitures related to controlled substances now go to the Dakota County Drug Task Force, this fund has not seen much activity in the past couple of years. Hlahliaht/Channe 1: For 2007, the police J department plans on setting up a police reserve unit using the remaining funds in the Police Forfeiture. Fund. Financial Impact: With the creation of the police reserve unit, this should reduce the available fund balance to $0 in this fund. Service Level Impact: None. Fund Balance, Beginning of Year Revenues: Interest on Investments Total Revenues Expenditures: Auditing Police Reserve Unit Other Improvements Office Furnishings & Equipment Total Financing Uses Fund Balance, End of Year REVENUE & EXPENDITURE DETAIL Revised 2004 2005 2006 2007 Actual Actual Budget Budget $ 24,602 $ 24,486 $ 24,488 $ 12,688 384 502 700 700 384 502 700 700 500 500 500 6,000 6,000 500 500 12,500 $ 24,486 $ 24A88 $ 12,888 500 12,888 13,388 AM My of Eapa 2007 Proposed Budget Operating Budget Special Revenue Funds — DWI Forfeiture Fund (115) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue DWI Forfeiture Fund is to: • Account for money received from the court system related to DWI forfeitures. • The money accounted for in this fund is restricted for police operations. • This fund was created in 2006. The Special Revenue DWI Forfeiture Fund is responsible for the following functions: • Accounting for money received from the court system related to DWI forfeitures. • Purchase of new police equipment and police vehicles with DWI forfeiture monies. 01hp 2007 Proposed Budget Operating Budget Special Revenue Funds — DWI Forfeiture Fund (115) Expenditures by Category HIGHLIGHTS & CHANGES overview: The 2007 proposed DWI Forfeiture Fund budget of $14,200 is down $35,000, or 71.1% from 2006. Hiahliaht/Chanae 1: Reduction in the amount spent on mobile equipment. Financial Impact: There is a $34,800 reduction in budgeted amounts for mobile equipment. In 2006, it was estimated that $45,000 would be spent to purchase a new car and all the equipment associated with the car. For 2007, they estimate having to purchase two lasers for traffic enforcement, and external microphones for use with digital recorders for implied consent and DWI stops. The estimated cost for these items total $10,200. Service Level Impact: None. REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget . Fund Balance, Beginning of Year $ $ $ $ 31,100 Revenues: DWI Forfeitures 15,000 18,000 Interest on Investments - - 900 Total Revenues 15,000 18,900 Other Financing Sources: Transfers In 65,300 Total Other Financing Sources 65,300 - Total Revenues and Other Financing Sources 80,300 18,900 Expenditures: Conference & Training 4,200 3,500 Blood draws for DWI cases - 500 Mobile Equipment 45,000 10,200 Total Expenditures. 49,200 14,200 Fund Balance, End of Year $ $ $ 31,100 $ 35,800 Zq C" Of hp 2007 Proposed Budget Operating Budget Special Revenue Funds — Cable N Franchise Fee Fund (196). PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Cable TV Franchise Fee Fund. Is to: • Account for franchise fees paid to the City from the local cable franchises. Restricted for communications and cable television activities. The Special Revenue Cable TV Franchise Fee Fund is responsible for the following functions: • The money is used for communications and cable television related activities, primarily the Communications Department budget and the Citys share of the funding for the Burnsville/Eagan Telecommunications Commission (BETC) and. Burnsville/Eagan Community Television (BECT). T5 I 1 I D4 0f bF 2007 Proposed Budget Operating Budget Special Revenue Funds - Cable N Franchise Fee Fund (196) Expenditures by Category Other REVENUE & EXPENDITURE DETAIL Fum ming uses - 2005 Transfer Out 2007 78% Actual Budget Services & cap -gal cow Oullay Charges 4% 18% Service Level Impact: None. Fund Balance, Beginning of Year Revenues: Cable TV Franchise Fees Interest on Investments Total Revenues Expenditures: BETC Funding SECT Funding Capital Equipment per CIP Professional Services -Auditing Technology Task Force -Fiber Business Plan Other Financing Uses: Transfer to General Fd - Communications Total Expenditures and Other Financing Uses Fund Balance, End of Year HIGHLIGHTS & CHANGES Overview: The 2007 proposed Cable TV Franchise Fee budget of $577,700 is down $16,829, or 2.8% from 2006. Hlahliaht/Chanas 1: Technology Task Force Fiber Business Plan has been completed in 2006. Financial Impact: As a result of this Business Plan being completed, there is no need to budget an amount for this in 2007. Last year's budgeted amount was $49,500 for this item. $ 2,031,100 $1,845,823 $1,860,094. $1,992,394 REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget $1,973,605 $2,031,100 $1,845,623 $1,860,094 546,099 600,783 550,000 655,000 34,947 46,978 59,000 55,000 581,046 647,761 609,000 710,000 28,500 34,025 34,025 34,025 75,000 69,475 69,475 69,475 - - 46,529 20,900 500 500 500 500 49,631 231,067 49,500 153,631 335,067 200,029 124,900 369,920 498,171 394,500 452,800 523,551 833,238 594,529 577,700 $ 2,031,100 $1,845,823 $1,860,094. $1,992,394 Agenda Information Memo December 19, 2006 Eagan City Council Meeting F. Approve Proposed 2007 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television Budgets ACTION TO BE Approve the proposed 2007 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). FACTS: The 2007 BETCBECT operating budget was reviewed at the October 10 special City Council meeting. At that meeting, the Council directed that the proposed budget be placed on the consent agenda at a future meeting. The City of Burnsville plans to adopt both budgets at its December 18 Council meeting. ATTACHMENTS: Enclosed on page b is a summary of those budgets. City of Burnsville Burnsville / Eagan Telecommunications Commission' Five -Year Financial Pian ' Includes Community Television and the Telecommunications Commission •' 2005 adjusted for prepaid 2006 revenues % Chg Projected 2005 2006 2007 from 2006 Actual Estimate Proposed to 2007 Budget "Bud at 2008 2009 2010 2011 SOURCE OF FUNDS: Intergovernmental: Member,Contributions: City of Eagan 103,500 103,500 103,500 0.0% 103,500 103,500 103,500 103,500 City of Burnsville 103,500 103,500 103,500 0.0% 103,500 103,500 103,500 103,500 Total Intergovernmental Sources 207,000 207,000 207,000 207,000 207,000 207,000 207,000 Operating: PEG Access Fees" 647,983 671,072 670,000 0.2% 676,700 683,467 690,302 697.205 Other 40,350 21,600 25,100 16.2% 27,700 29,020 .30,472 32,069 Total Operating Sources 688,333 692,672 695,100 0.4°h 704,400 712,487 720,774 729,274 TOTAL SOURCE OF FUNDS 895,333 899,672 902,100 0.3% 911,400 919,487 927,774 939,574' USE OF FUNDS: Operating: Personnel 442,370 505,186 525,748 4.1% 541,520 557,766 574,499 591,734 Current Expenses 294,318 313,350 309,650 -1.2% 298,070 307,012 316,222 335,709 Total Operating Uses 736,688 818,536 835,398 2.1% 839,590 864,778 890,721 927,443 Non -Operating: Capital Outlay 177,337 76,000 205,000 169.7% 86,200 106,000 87,000 92,000 Total Non•Operating Uses 177,337 76,000 205,000 169.7% . 86,200 106,006 87,000 92,000 TOTAL USE OF FUNDS - 914,024 894,536 1,040,398 15.3% 925,790 970,778 977,721 1,019,443 NET DIFFERENCE (18,692) 5,136 (138,298) (14,390) (51,291) (49,947) (83,169) Beginning Fund Balance 411,507 392,815 397,951 259,653 245,263 193,973 144,025 Ending Fund Balance - 392,815 397,951 '259,653 245,263 193,973 144,025 60,857 Other financial Information: Year-end Cash Balance 596,829 601,965 463,667 449,277 397,986 348,039 264,870 Three months operating cash estimate 223,634 260,100 231,447 242,694 244,430 254,861 231,861 Protected cash balance 373,195 341,866 232,220 206,583 153,556 93,178 33,010 ' Includes Community Television and the Telecommunications Commission •' 2005 adjusted for prepaid 2006 revenues Agenda Memo December 19, 2006 Eagan City Council Meeting CONSENT AGENDA: G. Approve resolution authorizing check signators at Anchor Bank. ACTION TO BE CONSIDERED: To approve a resolution naming the authorized signers on the Anchor Bank accounts. FACTS: • All checks issued by the City are signed by the Mayor and Treasurer. • With Mayor -elect Maguire taking office January 2, the bank requires new signature cards on file and a resolution authorizing the changes effective that date. • Mayor Geagan's name will be removed from the list of authorized signators as of the same date. • No other changes are being made to the list of authorized signers. AITACIEVICNTS: • A copy of the resolution is attached on pages L -AJ through 31 29 ACCOUNT #:100021239 CORPORATE AUTHORIZATION RESOLUTION Anchor Bank Saint Paul, N.A. By; City of Eagan 1360 Duckwood Drive - 3830 Pilot Knob Rd Eagan, MN 55123 Eagan MN 55122-1810 Referred to in this document as 'Financial Institution" Referred to in this document as "Corporation' certify that I am Secretary (clerk) of the above named corporation organized under the laws of MINNESOTA , Federal Employer I.D. Number 41-0847612 , engaged in business under the trade name of CITY OF EAGAN , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on - (date). These resolutions appear in the minutes of this meeting and have not been rescinded or modified.. AGENTS Any agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position �/ Signature Facsimile Signature (if used) A. LINDA L FINK, B. THOMAS W PEPPER, C. EUGENE J VANOVERBEKE, D, MICHAEL.MAGUIRE, . E. �lll�[il� / F. POWERS GRANTED (Attach one or more Agents to each power .by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, Description of Power D, E, and/or F (11 Exercise all of the powers listed in this resolution. (2) Open any deposit or share account(s) in the name of the Corporation. (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. (4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes or other evidences of indebtedness. (5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. (6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating x Safe Deposit Box in this Financial Institution. (7) Other LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. Indicate number of signatures required i5 re,50104vm Yk46 l(, b t Jpvy�tio 2007 - r to EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated 12/05/06 , If not completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) ❑ If checked, the Corporation is a non-profrt corporation. In Witness Whereof, I have subscribed my name to this document and affixed the seal of the Corporation on (date). Attest by One Other Officer 0 1988, 1997 Banken Sponte, Inc., St. CUA. MN Form CA -1 1/13198 Secretary rpage I of 2) RESOLUTIONS The Corporation named on this resolution resolves that, 11) The Financial Institution is designated as a depository for the funds of the Corporation and to provide other financial accommodations indicated in this resolution. (2)This resolution shall continue to have effect until express written notice of Its rescission or modification has been received and recorded by the Financial Institution. Any and all prior resolutions adopted by the Board of Directors of the Corporation and certified to the Financial Institution as governing the operation of this corporation's account(si, are in full force and effect, until the Financial Institution receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a resolution must be accompanied by documentation, satisfactory to the Financial Institution, establishing the authority for the changes. (3) The signature of an Agent on this resolution is conclusive evidence of their authority to act on behalf of the Corporation. Any Agent, so long as they act in a representative capacity as agents of the Corporation, is authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated on page one, from time to time with the Financial Institution, subject to any restrictions on this resolution or otherwise agreed to in writing. (4) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of the Corporation with the Financial Institution prior to the adoption of this resolution are hereby ratified, approved and confirmed. (5) The Corporation agrees to the terms and conditions of any account agreement, properly opened by any Agent of the Corporation. The Corporation authorizes the Financial Institution, at any time, to charge the Corporation for all checks, drafts, or other orders, for the payment of money, that are - drawn on the Financial Institution, so long as they contain the required number of signatures for this purpose. (6) The Corporation acknowledges and agrees that the Financial Institution may furnish at its discretion automated access devices to Agents of the Corporation to facilitate those powers authorized by this resolution or other resolutions in effect at the time of issuance. The term "automated access device" includes, but is not limited to, credit cards, automated teller machines (ATM), and debit cards. (7)The Corporation acknowledges and agrees that the Financial Institution may rely on alternative signature and verification codes issued to or obtained from the Agent named on this resolution. The term "alternative signature and verification codes" includes, but is not limited to, facsimile signatures on file with the Financial Institution, personal Identification numbers (PIN), and digital signatures. If a facsimile signature specimen has been provided on this resolution, (or that are filed separately by the Corporation with the Financial Institution from time. to time) the Financial Institution is authorized to treat the facsimile signature as the signature of the Agent(s) regardless of by whom or by what means the facsimile signature may have been affixed so long as it resembles the facsimile signature specimen on file. The Corporation authorizes each Agent to have custody of the Corporation's private key used to create a digital signature and to request issuance of a certificate listing the corresponding public key. The Financial Institution shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed in writing. Acknowledged and received on Comments: FOR FINANCIAL INSTITUTION USE ONLY (date) by 0 1885, 1997 Banken Syeeme, Ina., SL Cbutl. MN Foml CA -1 1/1 W98 (initials) ❑ This resolution is superseded by resolution dated 31 (page 2 of 21 Agenda Information Memo December 19, 2006 Eagan City Council Meeting H. APPROVE EAGAN PSAP JOINT POWERS AGREEMENT WITH THE DCC ACTION TO BE CONSIDERED: To approve the Eagan PSAP Joint Powers Agreement with the DCC. FACTS: Eagan currently operates a local 911 dispatch center located at the Eagan Police Department. The City provides 911 emergency call and dispatch services to the residents of Eagan and is under contract to provide this service for the City of Rosemount. Eagan, Dakota County and other cities in the County have jointly created the DCC to operate a county -wide 911 emergency services dispatch center and to operate all existing local 911 dispatch facilities within the County prior to the completion of a new county wide dispatch facility in 2007. By action of the DCC Board of Directors the operations of the existing five public safety answering points (Apple Valley, Burnsville, Dakota County, Eagan and Lakeville) will begin to operate under DCC management as of January 1, 2007. The DCC, using its own employees, will begin to operate the Eagan 911 dispatch center commencing at 12:01 AM on January 1, 2007. The DCC will continue to staff,and operate this facility until the county -wide 911 dispatch facility located in Empire Township is completed and the operations of the Eagan dispatch center have been transferred to the Empire Facility. The estimated date to begin transfer of dispatch operations from the existing facilities is November 1, 2007. Eagan staff has worked with the staff from the DCC and representatives of other existing PSAP cities and the County to develop this agreement. This joint powers agreement defines the respective rights and obligations of Eagan and the DCC relating to the ongoing operation of the Eagan dispatch center. 32 Eagan will be reimbursed a percentage share of the DCC operating budget based on the total percentage of the cost allocation formula in the DCC joint powers agreement for Dakota. County and the cities for which contract 911 dispatch services are currently provided. This reimbursement will be $2,290 per month. All additional costs will be the responsibility of the City and will be funded through the 2007 operating budget. The draft JPA has been reviewed by the City Attomey's office and is in substantially final form. ATTACHMENTS: Enclosed on pages �7 powers agreement. through 3q is a copy of the draft joint JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND DAKOTA COMMUNICATIONS CENTER TO OPERATE A 911 DISPATCH FACILITY December 2006 1. Purpose of this Cooperative Agreement Pursuant to Minnesota Statutes § 471.59, governmental entities are empowered to provide assistance to, and act in coordination with, other political subdivisions or agencies within the state of Minnesota as deemed necessary to benefit the public. Based upon this authority and the desire to provide continuous 911 dispatch services to all residents of Dakota County, this Joint Powers Agreement is entered into between the City of Eagan (Eagan), a political subdivision of the State of Minnesota, and the Dakota Communications Center, a separate joint powers entity created through a joint powers agreement between the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul and the County of Dakota ("DCC"). Through this Agreement, Eagan and the DCC define their respective rights and obligations relating to the ongoing operations of the local 911 emergency services dispatch facility located in Eagan. 2. Transfer of Operations 2.1 Eagan 911 Facility. Eagan currently owns and operates a local 911 dispatch facility located at the Eagan Police Department Offices located at _ Wescott, Eagan, Minnesota.(the "Eagan Facility") that provides 911 emergency. call and dispatch services to the residents of Eagan and (other communities, if any). This facility is currently operated and staffed by the Eagan Police Department. 2.2 Interim Operations. Eagan, the County of Dakota and other cities in Dakota County have jointly created the DCC to operate a county wide 911 emergency services dispatch center and to operate all existing local 911 dispatch facilities within the county prior to the completion of the county -wide dispatch facility, for the benefit of all residents of Dakota County The parties agree that the DCC, using its own employees, will operate the Eagan Facility commencing at 12:01 AM on January 1, 2007. The DCC will continue to staff and operate this facility until the county wide 911 dispatch facility located in Empire Township (the "Empire Facility") Is completed and the operations of the Eagan Facility have been transferred to the Empire Facility. The estimated date to transfer these operations is November 1, 2007. 34 3. Term The.term of this Agreement shall commence on the date that both parties have executed this Agreement and will continue until the Eagan 911 dispatch facility operations are transferred to the Empire Facility and all other obligations under Agreement have been completed. 4. Access to Premises and Equipment 4.1 No Leasehold Created. Although the DCC will staff and operate the Eagan 911 dispatch facility during the.term of this Agreement, the parties do not Intend to create a Landlord -Tenant relationship and the DCC is not acquiring a leasehold interest in the office space in which the Eagan Facility Is located. 4.2 Access to the Facility. Beginning at 12:01 AM on January 1, 2007 and continuing until the Eagan Facility operations are transferred to the Empire Facility, DCC employees will have access to the facility 24 hours a day, seven days a week. Eagan will provide DCC employees assigned to the Eagan Facility with keys or security cards to obtain access at any time. DCC employees will turn in all keys or security cards when the Eagan Facility operations are transferred to the Empire Facility. Eagan staff or its third party contractors will have access to the Eagan Facility as needed to carry out law enforcement, cleaning, maintenance and repair activities. Access to the Eagan Facility includes the right of DCC staff to use the following areas at the Eagan City Hall: (Check those that apply) ❑ Restrooms ❑ Exercise facilities ❑ Parking areas ❑ Kitchen/Break Room facilities ❑ Other common areas of the building housing the facility ❑ None of the above 4.3 Ownership of Personal Property, Access to Systems. During the term of this Agreement Eagan will continue to own the furniture, fixtures, equipment, computers and software necessary to operate the facility. DCC staff will have full access tothe workspace, computer and radio equipment and software appiications and. databases that are needed to operate the Eagan Facility. The staff of the Eagan Police Department and the DCC will have mutual access to the local CAD/Mobile, 911, records management, MCD and radio systems as needed to perform their respective job duties. S. Maintenance of Facility and Equipment 5.1 Equipment Maintenance and Catastrophic Failures. During the term of this Agreement Eagan will maintain the .911 communications and dispatch equipment and related software and systems In proper working order and will pay the costs of maintenance and repairs. If the 911 communications and dispatch equipment suffers a catastrophic failure that requires a major expenditure to correct or repair, Eagan will immediately notify and consult with the DCC Operations Director or 2 35 Executive Director on the nature of the failure and the estimated cost of repairs or equipment replacement. Eagan and the Operations Director or Executive Director will determine whether the repairs or replacement should be undertaken and which entity will provide the funding. If Eagan and the DCC are unable to reach agreement on the need to undertake the repairs or replacement or the source of funds, the matter will be referred to the DCC Executive Committee who will make the final and binding decision. 5.2 Building Maintenance Eagan is responsible for the cost and completion of all maintenance and repairs to the building housing the Eagan Facility. 6. Staffing the Facility 6.1 Daily Staffing Commencing on January 1, 2007, DCC will provide the staff required for daily 911 and dispatch operations at the Eagan Facility, including supervisors to oversee staff and operations. In their sole discretion, DCC supervisors will determine the level of staffing needed each day. However, DCC supervisors will take into consideration requests from cities and law enforcement agencies for additional staffing during special events. DCC will pay all salaries, benefits and other employee costs of the DCC employees assigned to the Eagan Facility. DCC will hire, train, discipline and when necessary, terminate DCC employees. 6.2 Staffing Assistance from Eagan Eagan Police Department will designate an employee or staff position who will be available to receive communications from DCC staff about shift absences or general operations issues in the event that the DCC shift supervisor for the facility is not available. In any case, the Eagan designee will act in good faith and may rely upon past practice that was in place prior to this agreement and/or use input from DCC Staff to mitigate the operations issue. Recognizing City of Eagan Employees are not trained to operate the 911 communications equipment, the DCC should not rely upon untrained Eagan Staf`"carr ilembers Employees to operate the communications equipment. Therefore, it is incumbent the DCC recognize potential staffing issues to ensure there is no disruption of service. 6.3 Facility, Operating Guidelines DCC is responsible for establishing the work rules at the Eagan Facility. However, Eagan and the DCC may agree upon additional written guidelines to further define the responsibilities of each entity for daily operations at the Eagan Facility: If such guidelines are created, they will describe how the DCC and Eagan will to handle phone calls from DCC staff who are calling in to report an absence from their assigned shift. 7. Compensation The Parties. acknowledge that Eagan has expended public funds to construct the Eagan Facility for the benefit of local residents and will expend additional public funds to maintain the facility and equipment when DCC is operating the facility. To partially compensate Eagan for the 911 expenses It will incur and to provide contribution toward those costs, the DCC will make monthly payments to Eagan 3 commencing with January 2007 and continuing until the dispatch operations are transferred to the Empire Facility. The amount of each monthly payment will be that portion of $10,000 that is equivalent to the fractional share that the City of Eagan, and any additional communities that Eagan currently provides dispatch service to, contribute the 2007 DCC annual budget. As described in Section 5.1 above, if Eagan incurs an unanticipated significant cost to repair or replace 911 equipment between January 1, 2007 and the date dispatch operations are transferred to the Empire Facility, and the parties have agreed that DCC should fund the expenditure, DCC shall reimburse Eagan for the cost after receiving any invoices or statements needed to document the work performed, parts or equipment purchased and the cost of each. Any unresolved dispute over reimbursement of a significant and unanticipated equipment cost will be presented to the DCC Executive Committee and its decision on reimbursement of the cost will be final and binding upon the Parties. 7. Insurance 7.1 Maintaining Insurance. During the term of this agreement Eagan will maintain, at its own cost, the types and limits of general liability and commercial property insurance that it holds on the date this agreement is executed by the parties. During the term of this agreement DCC will maintain, at its own cost, the types and limits of general liability insurance that it holds on the date this agreement is executed by the parties. . DCC will be responsible for workers compensation insurance and claims for DCC employees injured- while working at the facility. Eagan will be responsible for workers compensation insurance and claims for Eagan employees injured while working at the facility or working in the building where the facility is located. 7.2 Waiver of Subrogation. To the extent permitted by law and without affecting the coverage provided by insurance required to be maintained hereunder, the Parties each waive any right to recover against the other on account of any and all claims either may have against the other with respect to any risk insured against by insurance actually carried, or required to be carried hereunder to the extent of valid and collectible insurance. Each insurance policy carried by either Party shall provide that the insurer waives all rights of recovery by way of subrogation against the other Party in connection with all matters included within the scope of the waiver of recovery. 8. Seryices Provided by Eagan During the term of this Agreement, Eagan shall provide custodial cleaning, trash removal and snow removal at the Eagan Facility at no cost to the DCC. 9. Mutual Indemnification Eagan shall not be liable for any damage or injury to DCC and its employees, any other person or any personal property occurring at the Eagan Facility unless caused by the negligence and greater culpability of Eagan. DCC agrees to hold Eagan harmless from any 4 .31 claims for damages arising out of DCC's use of the facility, and to indemnify Eagan for any expense incurred by Eagan in defending any such claims, except as Eagan is required to pay as a member of the DCC and as provided by the DCC Joint Powers Agreement. This indemnification obligation is subject to the limitations and immunities of Minn. Stat. Ch. 466. With the exception described below, DCC shall not be liable for any damage or injury to Eagan and its employees, any other person or any personal property occurring at the Eagan Facility unless caused by the active negligence and greater culpability of DCC. Eagan agrees to hold DCC harmless from any claims for damages arising out of DCC's use of the facility, and to Indemnify DCC for any expense incurred by DCC in defending any such claims, except as DCC is required' to pay as a separate legal entity and as provided by the DCC Joint Powers Agreement. This indemnification obligation is subject to the limitations and immunities of Minn. Stat. Ch. 466. Temporary Staffing Indemnification. DCC shall indemnify Eagan and its employees from any liability, damages or costs incurred due to the negligent actions of Eagan Police Department employees occurring during the period that such employees have been directed to temporarily operate the Eagan Facility under the circumstances described in Section 6.2 of this Agreement. 10. Distribution of Property Upon termination of this Agreement each party shall keep and retain all property, equipment or software it owns and has brought into the facility during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITY OF EAGAN By: By: DAKOTA COMMUNICATIONS CENTER By Date: Date: Date: 5 38 By: Chair - DCC Board of Directors DCC Executive Director Approved as to Form: Assistant County Attorney Eagan 911 Fad9y JPA Agreement V212-07-2096 Date: Date: 6 3 Agenda Information Memo December 19, 2006 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve the Joint Powers Agreement with the Retirement Enhancement and Benefits Alternatives Trust III (REBA III). FACTS: At the November 21, 2006 meeting America's VEBA Solutions was approved to provide administrative services for implementation of the plan. The Retirement Enhancement and Benefits Alternatives Trust III (REBA III) is a collective purchasing pool of school districts, city, and county governments that participate in a single trust developed by CBIZ Benefits & Insurance Services, Inc. America's VEBA Solution provides volume based pricing and services to all member employers participating in the REBA program. Although some autonomy is given up, the deliverables are the same as the stand-alone program and it is more cost effective for the City. • Approval is subject to City Attorney review of the document. ATTACHMENTS: Enclosed on pages l 1 powers agreement. through T 1 is a copy of the joint qO JOINT POWERS AGREEMENT FOR RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM C HaynesHResman, PC 2005 REBA 3oint Powers Agmt TABLE OF CONTENTS 0 HaynesHRmnan, PC 2005 REBA 30int Power: Agmt 42r 1. PURPOSE, INTENT AND 083ECTIVE................................................................................1 2. DEFINITIONS...................................................................................................................2 3. 30INT POWERS GOVERNING BOARD..............................................................................3 4. RIGHTS AND RESPONSIBILITIES OF THE ADVISORY COUNCIL .................................... 4 S. RIGHTS AND RESPONSIBILITIES OF ADOPTING EMPLOYERS............ ............................ 5 6 6. CONTRIBUTIONS & ASSESSMENTS................................................................................. 7. LENGTH OF AGREEMENT AND TERMINATION.................................................................6 LIABILITY OF PARTIES6 8. .................................................................................................... 9. AGREEMENT BY PARTICIPATION....................................................................................6 10. DISPOSITION UPON DISSOLUTION:...............................................................................7 0 HaynesHRmnan, PC 2005 REBA 30int Power: Agmt 42r JOINT POWERS AGREEMENT FOR RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM This Joint Powers Agreement ("Agreement") is made by and among the Adopting Employers that are now or may hereafter become parties to this Agreement. fiZ�q WHEREAS, governmental units may provide health benefits to employees, former employees and spouses and dependents thereof; and WHEREAS, Minn. Stat. § 471.59, subds. 1 and 10 authorize two or more governmental units to exercise jointly or cooperatively powers which they possess in common; and WHEREAS, certain governmental units ("Adopting Employers") wish to authorize the Retirement Enhancement and Benefit Alternatives Program (" REBA') to act as a joint powers entity for the purpose of exercising certain powers as set forth in this Agreement; and WHEREAS, the Adopting Employers acknowledge REBA as a representative of the parties to this Agreement, and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Plan (the "Plan'; and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Trust and the Retirement Enhancement Benefit and Alternatives Program Voluntary Employees' Beneficiary Association Trust H (collectively referred to as the "Trusts'j; and WHEREAS, the Trusts are voluntary employee beneficiary associations under Section 501(c)(9) of the Internal Revenue Code; NOW THEREFORE in consideration of the mutual promises and agreements contained herein and subject to the provisions of Minn. Stat. § 471.59 and all other applicable statutes, rules and regulations, the parties agree as follows: 1. PURPOSE, INTENT AND OBJECTIVE 1.1 Purpose. Under the provisions of Minnesota law, governmental units may enterInto contracts for the purposes of providing medical benefits to current employees, former employees, and their respective families including, but not limited to, contracts for services deemed necessary or beneficial for their operation. Under the provisions of Minn. Stat. § 471.59, two or more governmental units (Including, but not limited to, school districts, counties, towns, other governmental agencies, and service cooperatives) may agree to exercise jointly or cooperatively powers which they possess in common. The purpose of this Agreement is to authorize the exercise of common powers of the Adopting Employers in connection with certain maths pertaining to the administration and funding of the Plan and Trusts, all as described herein. C HaynesHlteunan, PC ` 2005 REBA Joint Powers Agmt 1� 1.2 Name. The name of this joint powers entity shall be the Retirement Enhancement and Benefit Alternatives Program ("REBA"). 1.3 Compliance with Applicable. Laws. It is the Adopting Employers' Intent to comply. with applicable federal and state statutory requirements. 1.4 Effective Date. This Agreement shall be effective with respect to a particular Adopting Employer as of the date of such Adopting Employer's Initial participation as Identified below. 2. DEFINITIONS The following Definitions shall apply to this Agreement: a) Administrative Services Agreement ("ASA') means an agreement by and between the Advisory Council and a Provider, or an Adopting Employer and a Provider, that establishes terms for the administration of the Plan and/or Trusts. b) Adopting Employer means a governmental unit that has adopted the Plan, thereby becoming a member of REBA. c) Advisory Council means the advisory council of the REBA, acting as the joint board authorized to exercise certain powers of the Adopting Employers, as permitted by Minn. Stat § 471.59, subd. 2, and as set forth in this Agreement. d) Agreement means this Joint Powers Agreement as the same may be amended from time to time. This document, and all other documents in the same form executed (or deemed executed as provided in Section 9 of this Agreement) by Adopting Employers, all. as amended from time to time, shall together constitute a single Agreement e) Bylaws means the bylaws of the Advisory Council. f) Code means the Internal Revenue Code of 1986, as amended from time to time. g) Plan means Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Plan. h) Provider means a service provider, including, but not limited to, third party administrators, consultants, accountants, brokers, attorney and trustees, providing services to health plans and trusts such as the Plan and Trusts. I) REBA means the Retirement Enhancement and Benefit Alternatives Program, the joint powers entity created by the Adopting Employers as reflected in this Agreement J) Trusts mean the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Trust and the Retirement Enhancement and Benefit ® HaynesHkbesman, PC 2 2005 REBA Joint Powers Agmt , 1 q Alternatives Program Voluntary Employees' Beneficiary Association Trust II. Each is intended to be a voluntary employees' beneficiary association as described § 501(c)(9) of the Code. 3. 30INT POWERS GOVERNING BOARD 3.1 Membership. Membership in REBA shall be open to any governmental unit or other political subdivision as set forth in Minn. Stat. § 471.59, subd. 1, and Minn. Stat. § 471.981 including, but not limited to, joint powers agencies of the State of Minnesota that are deemed by the Advisory council to qualify for membership. The Advisory Council aimpose to protectt the Interest of REBA andtoprovide for the ibenefit of the Adopting Employer, appropriate and such condltions as are required by the Agreement, the Bylaws, or by applicable statutes, rules, or regulations. The Advisory Council, at its discretion and in accordance with the Bylaws, may create classes, levels or types of membership within REBA with differing member rights, privileges or obligations. Upon adoption of the Plan, an Adopting Employer.shall also execute this Agreement and file it with the Advisory Council. 3.2 joint Powers Board. There is hereby created a joint powers board, herein referred to as the "Advisory Council," which shall be empowered to oversee and administer REBA. The Advisory Council shall be empowered to manage all the affairs of REBA and do to all things necessary or convenient for the furtherance of the purposes of REBA, Including but not limited to: expending and receiving funds; enterig into contracts, leases, and other agreements; renting, leasing, purchasing and otherwise procuring or receiving property real or personal; employing personnel either as employees or by contract; and employing consultants such as attorneys, auditors, accountants, risk managers, actuaries and others. 3.3 Advisory Council Representation. Each member of REBA shall have representation on the Advisory Council equal to every other member. Subject to the foregoing, representation shall be determined pursuant to the Bylaws. The Advisory Council shall act by majority vote of the representatives appointed to It. As appropriate, the Advisory Council may designate one or more representatives to act on Its behalf. 3.4 Committes(s). The Advisory Council may, but is not required to, establish one or more committees. The purpose Of any such committee may Include, without limitation, the management of the affairs of REBA and the receipt and processing of information relating to Plan and Trusts. 3.5 Upon Dissolution of REBA. In the event that REBA is dissolved, the Advisory Council shall continue to exist for a reasonable period to wind up A's affairs. Any rior to the dissolution f REBA shall I administrative raprovided be provided thereafteras dete mined by thed Advisory Council in dto the Plan or Trusts iscretion. C HaresHitwnan, PC 2005 RMA Joint Powers Agent q5 4. RIGHTS AND RESPONSIBILITIES OF THE ADVISORY COUNCIL 4.1 Authorized Powers. Pursuant to Minn. Stat. § 471.59, subd. 2, in addition to any other powers specifically delegated to the Advisory Council by this Agreement, the Advisory Council is hereby authorized to: a) establish, procure, and administer the Pian and the Trusts; b) define and clarify requests for proposals, rights and responsibilities, length of contract; liability of the partiescontributionemium or guidelines, relative and the method(s) by which parties to this Agreement exercise their common powers; and c) receive, collect, hold, Invest, expend and disburse contributions to the Trusts In connection with the exercise of Its powers under this Agreement, and de for the tion and administration of the Advisory d) adopt Council, and adopt other ylaws, which loperating policies and procedures to direct and document the specific activities of REBA. 4.2 Reserves. The Advisory Council shall from time to time determine the minimum amount of funds needed for purposes of risk management, administration, and other needs of the Plan and Trusts. Any such funds shall be held and used in accordance with, and subject to the limitations set forth in, Section 6. 4.3 Administrative Services Agreements. The Advisory Council may negotiate one or more Administrative Services Agreements for the benefit of REBA with respect to the Plan and the Trusts. Such Administrative Services Agreements may establish, among other things: a) the applicable responsibilities of the Provider; b) the applicable responsibilities of the Advisory Council; and c) the amount of service fees payable to the Provider. 4.4 Liability Limited. The Advisory Council; Its authorized representatives, employees and designees shall have no duty or liability due to negligence of Adopting Employers or Providers. When It Is not exercising the joint . CCoouncil hrs al have no duty by thisr obligationgreement (and therefore not whatsoever to act for the benefit of the Adopting as the Advisory Employers. the Advisory ® HaynesHitesman, PC 2005 REBA NO Power: Agent r 5. RIGHTS AND RESPONSIBILITIES OF ADOPTING EMPLOYERS 5.1 Adopting Employers to Furnish Data. Each Adopting Employer agrees to furnish all reasonably necessary data to the Advisory Council, or Provider or other third party as directed by the Advisory Council. 5.2 Remittance of Contributions and Fees. The Adopting Employers shall remit contributions and/or administrative fees in the time and manner as set forth in the Plan, the Trusts, and/or the Administrative Services Agreements. 5.3 COBRA Administration. To the extent an Adopting Employer is, through the Public Health Services Act, subject to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), such Adopting Employer shall be responsible for complying with the requirements of COBRA with respect to their employees participating In the Plan. Such responsibility shall include all aspects of administering the continuation coverage required by COBRA including, but not limited to, providing notices required by COBRA. The Advisory Council, as the "plan administrator" of the Plan, has delegated Its responsibilities under COBRA to the Adopting Employers. 5.4 Adopting Employer Withdrawal. An Adopting Employer's participation in this Agreement may be terminated as follows: 5.4.1 voluntary Withdrawal. At any time during a year, an Adopting Employer may terminate Its participation in this Agreement upon ninety (90) days written notice to the Advisory Council and to all Providers. 5.4.2 Deemed Withdrawal. An Adopting Employer shall be deemed to have terminated Its participation in this Agreement upon withdrawal from the Plan and the Trusts. 5.3.3 Involuntary WlthdraWal. The Advisory Council may terminate an Adopting Employer's participation in this Agreement for cause upon ninety (90) days notice to said Adopting Employer. 5.5 Effect of Adopting Employer Withdrawal. Upon an Adopting Employer's withdrawal from this Agreement, the following rules shall apply: 5.5.1 Withdrawal tl Adopting Employer shall be deemed to have withdrawn from the rPlan lfrom this Agreement, an and Trusts. 5.5.2 Continuance of REBA. The withdrawal of an Adopting Employer shall not affect the continuance of REBA by the remaining Adopting Employers. 5.5.3 Liability of Withdrawing Adopting Employer. An Adopting Employer that withdraws Incurred on Itslbehalf duriiain nig theintly and term of Its severally liable for Thedlia�ti ons and liabilities liability of anpAdopting Employer upon withdrawal shall be determined In accordance with the Bylaws, Plan, Trusts and/or Administrative Services Agreements. C HaresHltemmn, PC 2005 REBA hint Powers Agmt 6. CONTRIBUTIONS & ASSESSMENTS 6.1 COntAbutiOns. Adopting Employers shall make contributions as required under the Plan. All contributions shall be held in the Trusts. 6.2 Assessments. The Advisory Council may, at Its discretion, determine that an assessment Is necessary to Insure the financial integrity of the Plan and/or the Trusts, to operate and maintain the Plan and/or the Trusts, or to cant' out other purposes of REBA pursuant to this Agreement Such assessments shall be In a form, manner and amount as determined by the Advisory Council, provided that an assessment against an gEmployer shall riot exceed $7,500 f&any calendar year. entr Adopting Employer sIbe required to make, or otherwise be responsible or, aconibuton to ththe e Plan and the Trust on behalf of another Adopting Employer if such Adopting Employer fails to make a contribution required by the Plan. The Advisory Council may, in Its discretion, establish and maintain separate accounts for specified portions of the assessment, and may designate specific purposes. 7. LENGTH OF AGREEMENT AND TERMINATION This Agreement shall remain in effect until the first of the following to occur: a) The Agreement terminates by the mutual consent of the parties to the Agreement, b) The Agreement is suspended or superseded by a subsequent agreement between the parties to the Agreement, or c) The Agreement terminates by operation of law. 8. LIABILITY OF PARTIES An Adopting Employer to this Agreement holds the Advisory Council and Its members harmless from any and all causes of action arising at law or Inequity unless such action shall arise from gross negligence. The parties agree to waive any rights to litigation from any dispute arising out of this Agreement unless such action is the result of intentional wrongdoing. 9. AGREEMENT By PARTICIPATION Any governmental unit that adopts the Plan, and thereby becomes an Adopting Employer, shall be deemed to have approved this Agreement and, In the case of an eligible governmental unit, to have executed this Agreement by Its duly authorized officers, and shall be bound by the terms and conditions of this Agreement to the same extent as if such formal approval had been obtained and such execution had occurred. C HaymHitwman, PC 6 2005 ft -m toint Powers Agmt - V 10. DISPOSITION UPON DISSOLUTION . In the event that REBA Is dissolved, any property or other assets acquired by the Advisory Council shall be distributed as determined by the Advisory Council and as permitted under applicable law. Sufficient reserves shall be retained and maintained consistent with the Plan's obligations and known or foreseeable risks under this Agreement and applicable laws or regulations. Pursuant to all applicable state and federal laws, this Agreement has been approved by the governing boards of the parties and is signed by the duly authorized officers of the partles. ADOPTING EMPLOYER Name of Governmental Unit % `V O 0.i�aK By Title M &6 it DalQ-�oo(a BY Title koA Date l ;2 l q - .3w(p Date of Initial Participatlon��— 02�� C HaynesHitesman, PC 2005 REBA Joint Powers Agmt Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: J. 2007 Tobacco License Renewals ACTION TO BE CONSIDERED: Approve 2007 Tobacco License Renewals for the following: • Amber Liquor, 4250 Lexington Ave. S • Axel's Bonfire, 1555 Cliff Road • Big Discount Liquor, 3900 Cedar Grove Parkway • Big Top Wine & Spirits, 1284 Town Centre Drive, Ste. 110 • Blackhawk Liquor, 4130 Blackhawk Rd. • Byerly's, 1299 Promenade Place • Casper's Sports Barn, 4625 Nicola Road • Cedar Cliff BP, 4600 Slater Road • Cedar Grove Liquor, 1967 Silver Bell Road • Cedarvale Bowl, Inc., 3883 Cedar Grove Pkwy • Cooper's Restaurant, 4185 South Robert Trail • Cub Foods, 1940 Cliff Lake Road • CVS Pharmacy, 4241 Johnny Cake Ridge Road • E & M Liquor, 1444 Yankee Doodle Rd. • Eagan EZ Stop, 4195 Nicola Road • Eagan BP, Inc., 1424 Yankee Doodle Rd. • Green Mill, 1940 Rahncliff Court • Hidalgo Market, 4130 Blackhawk Rd., Ste. 108 • Holiday Stationstore #68, 1065 Diffiey Rd. • Holiday Stationstore #232,4595 Nicola Rd. • Holiday Stationstore #247, 3615 Pilot Knob Rd. • Holiday Stationstore #318, 3044 Holiday Lane • Joe Senser's, 3010 Eagandale Place • Kwik Trip #662, 3145 Dodd Road • LaFonda's, 3665 Sibley Memorial Highway • The Metro, 1650 Diffley Road • MGM Liquor Warehouse, 4182 Pilot Knob Road • Mt Liquory of Eagan, 1629 Lena Court#105 • New Mad, 1969 Silver Bell Road • Oasis Market #518, 3390 Coachman Road #202 • Oasis Market #594,1286 Lone Oak Road • Oasis Market #590,4250 Lexington Avenue S. • Oasis Market #576, 3150 Dodd Road • Oasis Market #5685,2000 Rahncliff Road • PDQ Store #214,4198 Pilot Knob Road • Perrier Wines & Liquors, 1960 Cliff Lake Road # 101 • Pro Stop Service Centers, Inc., 850 Lone Oak Road • Rainbow Foods #8815, 1276 Town Centre Drive • Sam's Club #4738, 3035 Denmark Avenue • Sinclair Retail #22060, 1815 Diffley Rd. Page 2, Item H • Sixty 1 Stop, 3575 Pilot Knob Road • Starks Saloon, 3125 Dodd Road • SuperAmerica #4335, 1379 Town Center Dr. • SuperAmerica #4464,2250 Cliff Road • SuperAmerica #4182, 1406 Yankee Doodle Rd. • SuperAmerica #4049,4200 E. Highway 13 • T.L. Liquors, 1565 Cliff Road • Tobacco Warehouse, 2149 Cliff Road • Walgreen's #5081, 4220 Lexington Ave. • Walgreen's #2766,2010 Cliff Rd. • Walgreen's # 1773, 1278 Town Center Dr. • Wal-Mart Supercenter #1786,1360 Town Center Drive FACTS: • All applications have been reviewed by staff and deetned acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: K: 2007 Trash Hauler License Renewals ACTION TO BE CONSIDERED: Approve 2007 Trash Hauler License Renewals for the following: • Dick's Sanitation, P.O. Box 769, Lakeville, MN 55044 • Mac's Roll -Off Service, Inc., P.O. Box 20695, Bloomington, MN 55420 • Dan's Container Service, Box 87, Newport, MN 55055 • Alpha Container Services and Recycling, 4180 160'' St. East, Rosemount, MN 55068 Triangle Services, 1881 S. Lexington, Mendota Heights, MN 55118 • Randy's Sanitation, Inc., P.O. Box 169, Delano, MN 55328 • Buckingham Trucking, Inc:,, 5980 Credit River Road, Prior Lake, MN • Lloyd's Construction Services, 7207 W. 120 St., Savage, MN 55378 • Schill's Dumpster Service, Inc., 2591 Gresham Avenue N., Oakdale, MN 55128 • Henningsen Construction Service, Inc., 13926 Duluth Court, Apple Valley, MN 55124 • Keith Krupenny & Son Disposal Service, Inc., 1214 Hall Ave., W. St. Paul, MN 55118 • LePage & Sons, Inc., 613 111'h Ave., NE, Blaine, MN 55434 • Waste Management, 12448 Pennsylvania Ave., Savage, MN 55378 • Allied Waste Industries of the Twin Cities, 4325 E. 66' St., IGH, MN • JME of Monticello, Inc., 1401 Fallon Ave., Monticello, MN 55362 • WTI — Waste Technology, Inc., 8424 Noble Avenue N., Brooklyn Park, MN 55443 • Coolidge Trucking Systems, 829 Central Ave. W., St. Paul, MN 55104 • Total Sanitation, 4804 East Highway 101, Shakopee, MN 55379 • Highland Sanitation & Recycling, 20700 Donnelly Avenue, Farmington, MN 55024 • JME of Monticello, Inc., 1401 Fallon Avenue, Monticello, MN 55362 • Nitti Sanitation, Inc. 1725 Meadow View Rd., Eagan, MN 55121 • Lightning Disposal, Inc., 1725 Meadowview Rd., Eagan, MN 55121 FACTS: • All applications have been reviewed by staff and deemed acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) , 52_ Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: L. 2007 Tree Contractor License Renewals ACTION TO BE CONSIDERED: Approve 2007 Tree Contractor License Renewals for the following: • The Davey Tree Expert Company, 2500 Fernbrook Lane, Plymouth, MN 55447 • S & S Tree and Horticultural Specialists, Inc., 405 Hardman, South St. Paul, MN 55075 • M.C. Tree Service, 22285 Albatross Circle, Farmington; MN 55024 • Miller Tree Service, 6825 Craig Court, Inver Grove Heights, MN 55076 • Lawrence Tree Removal, 3363 E. 170`x' Street, Rosemount, MN 55068 • A Top Notch Service, Inc:, 5505 N. Highway 169, Plymouth, MN 55442 • Roggenbuck Tree Care, 22551 Dakota Avenue, Lakeville, MN 55044 • Collins Tree Care and Removal, 7377 150 St. W., Prior Lake, MN 55372 • Rainbow Tree Company, 2239 Edgewood Avenue S., Minneapolis, MN 55426 • Wright Tree Service, Inc., P.O. 636, Mankato, MN 56001 • Tree Techs, 13849 Euclid Court, Apple Valley, MN 55124 • Huston's Tree Service, 14847 Haven Drive, Apple Valley, MN 55124 FACTS: • All applications have been reviewed by staff and deemed acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) Agenda Information Memo Eagan City Council Meeting Consent Agenda December 19, 2006 ACTION TO BE To approve the updated Business Assistance Policy and related Public Financing Policies. FACTS: ➢ In order to comply with state statute and to provide direction to staff and prospective developers and businesses regarding the possible use of public financing assistance, it is necessary for the City to adopt a Business Assistance Policy. It is also appropriate to adopt policies with respect to the various types of public financing assistance that may be applied to property development or redevelopment and business assistance. ➢ The City's current Business Assistance Policy and TIF Policy are out of date and should be updated to comply with current statutes. Prior to its being disbanded, the EDC and its Finance and Development Committee worked on draft updates of these policies and brought them close to completion. ➢ This matter was refected to the City Council Finance Committee for recommendation to the City Council. At its meeting on October 3, 2006, the Committee reviewed the policy and gave direction for additional modifications of the drafts as outlined below: • Guideline versus Entitlement — The policy states in Section 4.01 and in several other locations that it gives guidance for the evaluation of applications for public financing assistance, but meeting some or all of the criteria does not entitle the applicant to assistance. This retains the City's ultimate ability to choose whether to assist a particular project or not. • Wage and Job Goals — The policy uses a ratio approach to job and wage goals. It says a project may be eligible for up to $10,000 per base job (800/a of County Median Wage) and up to'$20,000 per head of household job (100% of the County Median Wage). Job and wage goals would not apply to assistance for redevelopment, ousmg, soils or hazardous waste abatement. • Twin Cities Community Capital Fund — A policy has been developed that references the standards established by the TCCCF. The City would not apply the job and wage goals to TCCCF applications unless the applicant requested assistance from the City in addition to access to the fiord, such as an interest rate write down. 5q Consent Agenda Item M December 19, 2006 Page 2 • Tax Abatement — The Committee recommended that the City not entertain applications for tax abatement. To make that clear, a notation at the bottom of the Financial Assistance Descriptions says, `By policy, the City of Eagan does not provide assistance through Tax Abatement" ATTACHMENTS: ➢ Business Assistance Policy on pages throughl�. ➢ Public Financing Pro matrix onpa es through i07 . ➢ TIF Policy on pages through . ➢ Twin Cities Community Capital Fund Policy on pages -71 through -7Z . ➢ Finance Committee Notes on pages 13 through. ➢ Staff memo on pages 1'5L_ through DRAFT — CITY OF EAGAN Business Assistance Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer assistance for commercial and housing development and redevelopment projects. The Business Subsidies Statutes are codified as Minnesota Statutes 116J.993 through 116J.995. Minnesota Statutes 116J.993, Subd. 3 defines a Business Subsidy as "a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business." Appendix A lists forms of financial assistance that are not a business subsidy. This policy shall be used as a guide in processing and reviewing applications requesting business assistance. 1.02 The City shall have the option of amending or waiving sections of this policy when determined necessary or, appropriate. Minnesota Statutes 116J.994, Subd. 1, allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the department. 2. STATUTORY LIMITATIONS 2.01 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 116J.993 through 1161.995. 3. GOALS 3.01 As a matter of adopted policy, the City of Eagan will consider using a business assistance tool to assist private developments only in those circumstances in which the proposed private projects show a demonstrated financing gap and meet one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February 22, 2001. 4. BUSINESS ASSISTANCE PROJECT APPROVAL CRITERIA 4.01 All new projects approved by the City of Eagan should meet the following mandatory minimum approval criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual rights on the part of any potential developer. A. The assistance shall be provided within applicable state legislative restrictions, State Auditor interpretation, debt limit guidelines, and other appropriate financial requirements and policies. B. The project should meet one or more of the goals referenced in the City of Eagan's Comprehensive Plan for Economic Development. C. The project must be in accord with the Comprehensive Plan and Zoning Ordinances, or required changes to the Comprehensive Plan and Zoning Ordinances must be under active consideration by the City at the time of approval. D. The assistance will not be provided to projects that have the financial feasibility to proceed without the benefit of the assistance. Assistance will not be provided solely to broaden a developer's profit margins on a project. Prior to consideration of a business assistance request, the City may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. E. Prior to approval of business assistance, the developer shall provide any required market and financial feasibility studies, appraisals, soil boring, information provided to private lenders for the project, and other information or data that the City or its financial consultants may require in order to proceed with an independent underwriting. F. Any developer requesting business assistance should be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. G. The developer must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate repayment of the business assistance. H. The level of business assistance funding should be reduced to the lowest possible level and least amount of time by maximizing the use of private debt and equity financing first, and then using other funding sources or income producing vehicles that can be structured into the project financing, prior to using additional business assistance funding. 5. BUSINESS ASSISTANCE PROJECT EVALUATION CRITERIA 5.01 If a business meets the criteria in Section 4 and is eligible for assistance, the following criteria will be used to determine the amount of assistance and type of assistance provided. All projects will be evaluated by the EDA and Eagan City Council on the following criteria for comparison with other proposed business assistance projects reviewed by the City, and for comparison with other subsidy standards (where appropriate). It is realized that changes in local markets, costs of construction, and interest rates may cause changes in the amounts of business assistance subsidies that a given project may require at any given time. In applying the criteria to a specific project, the following will apply: A. The City may consider the requirements of any other business subsidy received, or to be received, from a grantor other than the City. B. If the business subsidy is a guaranty, the amount of the business subsidy may be valued at the principal amount of the guaranteed payment obligation. C. If the business subsidy is real or personal property, the amount of the subsidy will be the fair market value of the property as determined by the City. D. If the business subsidy is received over time, the City may value the subsidy as it determines is fair and reasonable under the circumstances. 51 As used herein, "Benefit Date," means the date the business subsidy is received. If the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date occurs when the recipient puts the equipment into service. If the business subsidy is for improvements to property, then the Benefit Date refers to the earliest date of either when the improvements are finished for the entire project or when a business. occupies the property. E. All business assistance projects will need to meet a "Reasonable Rate of Return." Assistance will not be used unless the need for the City's economic participation is sufficient that, without that assistance. the project could not proceed in the manner as proposed. The Reasonable Rate of Return will be based on market standards at the time of the application for assistance. F. Business assistance will not be used when the developer's credentials, in the sole judgment of the City, are inadequate due to past track record relating to: completion of projects, general reputation and/or bankruptcy, or other problems or issues considered relevant by the City. G. Business assistance funding should not be provided to those projects that fail to meet good public policy criteria as determined by the Council, including: poor project quality; projects that are not in accord with the comprehensive plan, zoning, redevelopment plans, and city policies; projects that provide no significant improvement to surrounding land uses, the neighborhood, and/or the City; projects that do not have significant new, or retained, employment; projects that do not meet financial feasibility criteria established by the City; and projects that do not provide the highest and best desired use for the property. H. All projects receiving business assistance under the criteria listed in Minnesota Statutes 116✓.993, Subd. 3 must meet the job and wage goals described below. Minnesota Statutes 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the Department of Employment and Economic Development. 1. Except as described in 2 and 3, a business subsidy must result in the creation or retention of jobs, which will pay at least 80% of the Median Income for Dakota County (base jobs). In addition, consideration will also be given to the creation or retention of jobs, which will pay 100% of Median Income for Dakota County (head of household jobs). The Median Income for the County is annually defined by the Minnesota Housing Finance Agency. In 2006, 100% of the median is $78,500 and 80% of median is $62,800. Wage goals will be set forth specifically in the business subsidy agreement. Where job creation is one of the public purposes, of the business subsidy, the subsidy may be up to $10,000 per base job retained or created and may be up to $20,000 per head of household job retained or created. The amount of assistance available to a project will be limited by the amount of proceeds that TIF or other financing tools may support. 2. Job creation or retention is not required for businesses subsidies as long as the grantor identifies an alternate public purpose in addition to tax base increase. If after a public hearing/council consideration of the alternate public purpose(s) proposed, the creation or .retention of jobs is determined not to be a goal, the wage and job goals may be set at zero. 3. In lieu of job creation or retention, other measurable, specific, and tangible goals shall be established. Examples of tangible goals may include redevelopment, or pollution or soil remediation. r I. Business assistance will normally be used for projects that address the following land use issues: (1) more compatible with the City's Comprehensive Plan than other permitted uses for property; (2) located on property which needs but is not likely to be developed or redeveloped because of blight or other adverse conditions of the property; and/or include design and/or amenity features not otherwise required by law. J. Business assistance will be evaluated on the project's impact on existing and future public investment: (1) whether and to what extent the project will utilize existent public infrastructure capacity and the extent it requires additional publicly funded infrastructure investments; (2) arrangements for the City to receive a direct monetary return on its investment in the -project. K. Business assistance will normally be used for projects that demonstrate to the satisfaction of the City adequate financing for the project is available and that the project will be completed in a timely fashion. L. Business assistance from the City must satisfy all requirements of Minnesota Statutes 116J.993 through 116J.995. 5.02 some criteria, by their very nature, must remain subjective. However, wherever possible "benchmark" criteria have been established for review purposes. The fact that a given proposal meets one or more "benchmark" criteria does not mean that it is entitled to funding under this policy, bui rather that the City is in a position to proceed with evaluations of (and comparisons between) various business assistance proposals, using uniform standards whenever possible. CITY OF EAGAN PRE -APPLICATION BUSINESS ASSISTANCE FINANCING Legal name of applicant: Address: Telephone number: Name of contact person: REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including size and location of building(s); business type or.use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; estimated market value following completion. 3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the.property will be zoned. 4. A statement identifying how the assistance will be used and why it is necessary to undertake the project. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created, hourly wages and other community assets. 6. A written description of the developer's business, principals, history and past projects I understand that the application fee will be used for City staff and consultant costs and may be partially refundable if the request for assistance is withdrawn. Refimds will be made at the discretion of the City Council and be based on the costs incurred by the City prior to the withdraw of the request for assistance. If the initial application fee is insufficient, I will be responsible for additional deposits. SIGNATURE Applicant's signature: Date: 2 CITY OF EAGAN Application for Business Assistance Financing GENERAL INFORMATION: Business Name: Address: Type (Partnership, etc.): Authorized Representative: Description of Business: Legal Counsel: Address: FINANCIAL BACKGROUND: 1. Have you ever filed for banla uptcy? 2. Have you ever defaulted on any loan commitment? 3. Have you applied for conventional financing for the project? 4. List financial references: a. b. C. 6 �' Date: Phone: Phone: 5. Have you ever used Business Assistance Financing before? If yes, what, where and when? PROJECT INFORMATION: 1. Location of Proposed Project: 2. Amount of Business Assistance requested? 3. Need for Business Assistance: 4. Present ownership of site: 5. Number of permanent jobs created as a result of project? 6. Estimated annual sales: Present: 7. Market value of project following completion: Future: 8. Anticipated start date: Completion Date: FINANCIAL INFORMATION: . 1. Estimated project related costs: a. land acquisition $ b. site development C. building cost d. equipment e. architectural/engineering fee f. legal fees g. off-site development costs Total 7 r 2. Source of financing: a. private financing institution b. requested public assistance funds C. other public funds d. developer equity Total PLEASE INCLUDE: 1. Preliminary financial commitment from bank. 2. Plans and drawing of project. 3. Background material of company. 4. Pro Forma analysis. 5. Financial statements. 6. Statement of property ownership or control. 7. Payment of application fee of $1,000 8. Escrow payment $10,000 and Escrow Agreement APPENDIX A The Business Subsidies Statutes specifically exclude 22 items from the definition. The following are NOT business subsidies: e A business subsidy of less than $25,000; Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; • Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; • Redevelopment property polluted by contaminants as defined in M.S. Section 116J.552, Subd. 3; • Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; • Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; • Assistance for housing; • Assistance for pollution control or abatement, including assistance for a fax increment financing hazardous substance sub -district as defined under M.S. Section 469.174, Subd. 23; • Assistance for energy conservation; • Tax reductions resulting from conformity with federal tax law; • Workers' compensation and unemployment compensation; • Benefits derived from regulation; Indirect benefits derived from assistance to educational institutions; • Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; • Assistance for a collaboration between a Minnesota higher education institution and a business; • Assistance for a tax increment financing soils condition district as defined under M.S. Section 469.174, Subd. 19; • Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; • General changes in tax increment financing law and other general tax law changes of a principally technical nature; • Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; • Funds from dock and wharf bonds issued by a seaway port authority; • Business loans and loan guarantees of $75,000 or less; and • Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. City of Eagan Programs Available for Financial Assistance The City of Eagan works to pursue a broad base of business interests to maintain a diverse tax base. The following programs may be available to provide assistance for development and redevelopment projects. All projects receiving assistance must complete an application and qualify for assistance under the City's Business Assistance Policy and the Minnesota Statutes applicable for each type of assistance. It should not be presumed that a project meeting the criteria will automatically be approved. Program Description Requirements Term Maximum Assistance Must comply with Minnesota Statutes. Assistance is provided 469.174. by increasing the tax base of a parcel Must be for persons of low to moderate Tax Increment Financing — through development of rental or owner income, as defined by Minnesota Housing Maximum of 26 Amount is based Housing District occupied housing for Finance Agency. years of increment on proven need. person of low to Up to 20% of the fair market value of the moderate income. improvements may be for uses other than low and moderate income housing. Must comply with Minnesota Statutes 469.174. Assistance is provided Must discourage businesses from moving to by increasing the tax another state or municipality; increase Tax Increment Financing — base of a parcel through development employment in the state and/or preserve and Maximum of 9 Amount is based Economic Development of a manufacturing, enhance the tax base. years of increment on proven need. District warehousing, research At least 85/o o of the building must be used for and development or manufacturing, warehousing, research and telemarketing facility. development, telemarketing, or space necessary for and related to the above. Must comply with Minnesota Statutes Assistance is provided 469.174, including, subd. 10(a)(1): by increasing the tax Y 70% of the area of the district must be base of a parcel occupied through improving . More than 50% of the buildings must Tax In Financing — blighted areas and be."structurally substandard" Maximum of 26 Amount is based Redevelopment District substandard buildings. years of increment on proven need. New development can At least 90% of the increment must be used to include commercial, finance the cost of correcting conditions that housing and/or retail allow the designation of a redevelopment . development. district. Must comply with Minnesota Statutes 469.174, including: 70% of the area of the district must be Assistance is provided occupied by increasing the tax _ • 20% of the buildings must be base of a parcel "structurally sub Tax Increment Financing — through improving blighted areas and standard" • An additional 30% of the buildings Maximum of 16 Amount is based Renewal and Renovation substandard buildings. must require renovation or clearance years of increment on proven need. District New development can for qualifying reasons include commercial, At least 90% of the increment must be used housing and/or retail to finance the cost of correcting conditions development. that allow the designation of a redevelopment district. Cost of the proposed removal or remediation Assistance is provided must exceed the fair market value of the land by increasing the tax before the completion of the preparation. base of a parcel Tax Increment Financing — through removal or Increment must be spent only to: acquire Maximum of 12 years of increment Amount is based on proven need. Soils Condition District remediation of a site parcels on which removal or remediation will with hazardous occur; pay the cost of the removal or substances, pollution or remediation; or pay administrative expenses. contaminants Tax Increment Financing — Hazardous Substance Subdistrict Parcels in a TIF District of any ldnd for which there is a state approved "development action response plan" and the authority has entered into an agreement for removal actions. Parcels must be located within a TIF District and "designated hazardous substance sites" or be contiguous parcels that are expected to be developed together with the hazardous substance site. Maximum of 26 y of increment. This overrides any shorter duration for the underlaying TIF District. Amount is based on proven need. Loans will only provide gap financing to Pooled revolving loan businesses that can get conventional and/or fund providing gap SBA financing for a majority of the loan Loan is amortized Twin Cities Community financing to leverage private sector lending amount. up to the life of the Loans provide Bap g p Capital Fund p and investment for Project and loan amounts must be credit asset securing the loan to $2 million. business development. worthy as determined by the primary bank and TCCCF. The State of Minnesota and the Metropolitan Council provide numerous programs to State of Minnesota and the assist with development and Program requirements are defined by the State and Metropolitan other regional Varies by program Varies by i Metropolitan Council redevelopment. The guidelines. program City will consider acting as a conduit to assist with receiving fimding for projects. Note: By Policy, the City of Eagan does not provide assistance through Tax Abatement. DRAFT — CITY OF EAGAN Tax Increment Financing Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer tax increment financing assistance for commercial and housing development and redevelopment projects. The Minnesota Tax Increment Act is codified as Minnesota Statutes 469.174 through 469.1811. 1.02 As a matter of adopted policy, the City of Eagan will consider using tax increment financing to assist private developments only in those circumstances in which the proposed private projects show a demonstrated financing gap and meet one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February 22, 2001. 1.03 This policy shall be used as a guide in processing and reviewing applications requesting tax increment financing assistance. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 1.04 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 1167.993 through 1167.995. 2. USES 2.01 Tax increment may be spent only for specified purposes permitted in the underlying development statutes. Such purposes generally include: land and/or building acquisition; site improvements; demolition and relocation; parking, streets and sidewalks; public and on-site utilities; other public improvements; and interest. Because the development statutes are often ambiguous, whether a particular activity is TIF -eligible may depend on the facts in each case. 2.02 The City may retain a maximum of 10% of the tax increment to pay for administrative authorized in the TIF Plan. The City may also retain an additional 5 to 15 percent for pooling, depending on the type of tax increment district. 3. BUT FOR TEST 3.01 The City must find that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value of the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan according to Minnesota Statutes, Section 469.175, subd. 3(d). 3.02 A pro forma must be provided by the developer to complete a pro forma analysis for the proposed project and statement explaining the need for tax increment . 4. TYPES OF FINANCING 4.01 The City will consider "pay as you go" financing arrangement with the developer. For pay as you go financing, the developer pays for various TEF -eligible costs initially, and the authority Ehlers S Associates, Inc. -TIF Basics promises to reimburse the developer from tax increment over time as it is generated. This arrangement may be structured as a revenue note or bond issued to the developer, with an interest component to compensate the developer for costs of financing the improvements up front. 4.02 Bonds secured by tax increments may be issued when there is a need for initial capital to finance public or private improvements. The bonds may be general obligation bonds backed by the full faith and credit of the City. 5. TERM OF ASSISTANCE 5.01 The City retains the ability to provide a shorter term for the tax increment than allowed by Minnesota Statutes 469.174 through 469.1811 6. ADDITIONAL CRITERIA BY TIF DISTRICT TYPE 6.01 Redevelopment and Renewal and Renovation Tax Increment Districts must consist of parcels with 70 percent of the area of the district occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. They also must contain structurally substandard buildings, as defined in Minnesota Statutes 649.175, Subd. 10 and 10a. The City will work with an independent third party to make the determination if a District qualifies. A. Districts typically will include multiple parcels within the City of Eagan. B. Applications must include a master plan of the developer, including a unified, integrated development approach to the entire area and/or major sub -area. 6.02 Housing Tax Increment Districts must develop a facility intended for occupancy in part by persons or families of low and moderate income. The City will give priority to mixed income developments. A. Rental projects must satisfy the income requirements for qualified residential rental projects under Section 142(d) of the Internal Revenue Code. The three options for income limits on a standard housing district are 20% of the units at 50% of median income, 40% of the units at 60% of median income, or 50% of the units at 80% of median income. B. For single family developments, at least 95% of the houses assisted with tax increment must be occupied with persons at 100% of median income for a family of two or less and 115% of median income for families of three or. Median income under this provision is the greater of the statewide median or the county median and is annually updated. 6.03 Economic Development Tax increment District must find that the district will (1) discourage business from moving to another state or municipality; (2) increase employment in the state; or (3) preserve and enhance the tax base of the state. A. Increment may not be used to assist developments if more than 15% of the buildings and facilities (on a square footage basis) are used for a purpose other than manufacturing; warehousing, storage and distribution of tangible personal property (excluding retail sales); research and development related to the aforementioned activities; telemarketing, if that activity is the exclusive use of the property; and space necessary for and related to the above. B. All projects receiving business assistance must meet the job and wage goals described in Section 5.01 (H) of the City's Business Assistance Policy. 6.04 Soils Condition Districts require the presence of hazardous substances, pollution, or contaminants requiring removal or remedial action for use. 6.05 Hazardous Substance Sub -districts consist of parcels within a TIF District of any Idnd that are "designated hazardous substance sites" or are contiguous parcels that the authority expects to be developed together with the hazardous substance site. -7D DRAFT — CITY OF EAGAN Twin.Cities Community Capital Fund Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer gap financing assistance through the Twin Cities Community Capital Fund (TCCCF). 1.02 Asa matter of adopted policy, the City of Eagan will consider using the TCCCF to provide gap financing to leverage private sector lending and investment for business development. Proposed projects should show a demonstrated financing gap and meets one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February' 22, 2001. i 1.03 This policy shall be used as a guide in processing and reviewing applications requesting gap financing assistance. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 1.04 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 1161993 through 1167.995, and the TCCCF Loan Criteria. 2. USES 2.01 Funds from the TCCCF may be spent only for specified purposes permitted in the TCCCF Loan Criteria. Such purposes generally include gap financing for the following items: fixed assets, including land and building purchases; building construction; leasehold improvements and building renovations; machinery and equipment purchases, renovation and moving expenses; and worldng capital, when secured by fixed assets with fixed repayment schedules. Project eligibility will be reviewed and may depend on the facts for each project. TYPE OF FINANCING 3.01 Financing through, the TCCCF is long term, subordinated, fixed rate loans in partnership with local lenders. 4. TERM OF ASSISTANCE 4.01 The term will be negotiated with the TCCCF loan officers with the primary factor being the collateral offered. For most projects, loans will be amortized up to the life of the asset securing the loan. Loans secured by real estate will generally not exceed 20 years, and loans secured by machinery and equipment will generally support a loan term of up to 10 years. 5. INTEREST RATES 5.01 The interest rate of the loan is negotiable. Adjustable and fixed rate loan are available. 6. MAXIMUM LOAN AMOUNT 6.01 The maximum loan amount is $2,000,000. Loans amounts will be based on need, as determined by the TCCCF loan officer. 7. CRITERIA 7.01 Applicants for TCCCF assistance shall have made application to a private sector lender, who has made a determination that the'applicant's project is credit worthy, but that a financing gap exists between the project cost and the amount that the private lender's loan and applicants' equity can support. 7.02 The applicant will be required to complete the City's Business Assistance Pre -Application Form and provide documentation of the status of the private loan application to serve as the basis of the City's referral of the applicant to the TCCCF program 7.03 Applicants for TCCCF loans will be evaluated in consideration of the Business Assistance Policy Criteria, with the qualification that the job and wage goals may be waived in consideration of the fact that the assistance is provided by the resale of the loan to the secondary market. If the structure of the TCCCF loan requires City costs in addition to its membership commitment, the job and wage goals would need to be met. 7.04 A 1.75% loan origination fee will be changed to all borrowers. This fee will be assessed only for approved loans, but must be paid at or prior to loan closing. A 0.5% loan underwriting fee shall also be paid by the borrower at loan closing. Borrowers are responsible for paying all legal and other loan closing costs incrurred by TCCCF. 72� Meeting Notes Finance Committee Meeting October 3, 2006 1. Adoption of Agenda The Agenda was adopted as presented. II. Business Assistance Policy and Public Financing Policies Community Development Director Hohenstein provided an overview of the . background regarding Business Assistance Policies and Public Financing Policies. He indicated that cities that provide public financing assistance to private businesses or developments are required by statute to adopt and follow a business assistance policy, which among other things lays out specific job and wage level goals for projects that do not involve redevelopment or housing development. The City's most recent Business Assistance Policy was adopted in 2001, prior to statutory amendments that require it to be updated. He stated that the Economic Development Commission's Finance and Development Committee had largely completed an update of the Business Assistance Policy and TIF Policy, but that the full Commission had not acted on a recommendation at the time that the EDC was disbanded. He said that the EDC Committee's approach to the policies was that the Business Assistance Policy would apply to all types of assistance and that a "tool box" of financing methods, such as tax increment financing and a revolving loan fund, would be tools within the tool box. The one outstanding issue was the specific job and wage goals to be set for economic development projects where job or business development is the purpose of the assistance. He indicated that many policies set higher wage or_ leverage requirements to help create living wage of head of household jobs and prevent public financing from being used to create low wage jobs or small numbers of jobs. Taking a somewhat different approach, the EDC Committee had suggested setting a low minimum,of one job at federal minimum wage to create the greatest flexibility for the Council to approve projects regardless of the number of jobs or their wage level. The EDC Committee had determined that both approaches should be presented to the Council for consideration in the adoption of the policies. The Finance Committee indicated that it would be more appropriate to have . higher wage and job creation goals In the City's policies. It was noted that other City policies do permit Councils to waive or amend the goals for specific projects if they determine that the project warrants it. 13 Hohenstein also overviewed information relative to Tax Abatement authority and the Twin Cities Community Capital Fund, which the Council has authorized the City to join at the recommendation of the EDC. The TCCCF is a revolving loan fund, which resells loans on the secondary market to leverage more loans than a single city's loan fund could capitalize. The Finance Committee concluded that the basic approach of a master policy and tool box is appropriate. The Committee directed staff to develop wage and job goals that would require higher base wages and a relationship between the level of assistance and number of jobs. The Committee indicated that it is not supportive at this time of the City using tax abatement authority and that staff should prepare a policy statement to that effect. Finally the Committee directed staff to prepare a brief policy statement indicating that the City will generally apply the Business Assistance Policy to businesses'seeking financing through the TCCCF, but that the City would not add criteria or standards beyond the basic TCCCF determination of eligibility and credit worthiness for such loans. The revised job and wage goals and the policy statements regarding tax , abatement and TCCCF were to be returned to the Finance Committee for a recommendation to the full Council on the adoption of the policies. Ill. Other Business City Administrator Hedges briefed the Finance Committee on the status of discussions with a prospective user of the Eagan Civic Arena. He noted a number of items that need additional clarification and discussion to include potential bonding questions, payment of operating costs, and a desire to use new revenue streams such as naming rights and/or advertising sales as a mechanism to pay for ice time use. Director of Administrative Services VanOverbeke covered the basic financing elements relating to new construction as they have been discussed and noted a list of questions that need to be answered by a bond attorney before additional substantive discussions can be held. Due to potential client conflicts it has been problematic to get the questions addressed to date. The Finance Committee provided direction that interior naming rights may be appropriate and that any revenue deal needs to be straight forward and simple. They also directed that if all of the bonding questions can be satisfactorily answered, protection must be provided to ensure that no debt service requirements become obligations of the City. IV. Adjournment V City of Biu Ycio TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 29, 2006 SUBJECT: BUSINESS ASSISTANCE AND TIF POLICIES — FINANCE COMMITTEE REVIEW The purpose of this memo is to overview the current status of the City's Business Assistance Policy and the related. Tax Increment Financing and. Public Financing Assistance Policies, in preparation for a meeting with the City Council Finance. Committee. The desired outcome of the Committee's consideration of these items would be a recommendation to the City Council to adopt updated Business Assistance and TIF Policies for our use in responding to applications for public financing assistance and to form the basis of our future reports to the state regarding our compliance with state law and the policies when providing public financing assistance to businesses and developments. REQUIREMENT FOR BUSINESS ASSISTANCE POLICIES State Law requires that local governments that provide public financing assistance to businesses or development adopt policies to define the criteria by which they will consider such assistance. The criteria typically start with the criteria for a specific business financing tool (TIF, revolving loan funds, eta) and may include other criteria that are deemed appropriate by the local government. If the assistance is provided for true economic development (job and/or business retention, expansion or location), however, state law requires that the policy include job creation and wage goals, of some kind. The City's current policy, which is attached, is a number of years old and should be updated to comply with statutory changes and make appropriate references to applicable statutes. it would be best if this could be completed prior to the end 2006, so that the policies could be the basis for year end 2006 reports to the state. It will also be valuable to have a current policy in place to guide discussions with business and development prospects that approach staff on a confidential basis in advance of a formal development application or financing assistance application. When used in this way, the policy would not guaranty assistance, but would help 15 define what projects may be covered by .the policies and would merit further consideration or application. EDC DISCUSSION OF UPDATED BAP AND 71F POLICIES Prior to the discontinuation of the Economic Development Commission earlier this year, the EDC Finance and Development Committee had completed drafts of the Business Assistance Policy and TIF Policy, which are attached. The format of the policies is to treat the Business Assistance Policy as an umbrella for all types of financing assistance and for policies related to specific types of assistance to be attachments to it. The group stressed the need to keep the policies understandable to the business or developer that might be requesting assistance, so other than legal references that are required by the statutes, the layout and language of the policies is purposely simplified. Job and Wane Goals The primary outstanding issue related to the criteria to be applied to Economic Development TIF Districts, specifically as they relate to job creation and wage goals. Such goals are legal requirements for such policies. The reason that job and wage goals are a requirement relates to the definition of economic development. The National Development Council defines "economic development" as private sector investment in long-lived physical plant and equipment, to increase productivity and to create new, permanent private sector jobs. The NDC defines the public sector role as encouraging such investment by a variety of means, sometimes including public financing assistance. Economic development literature typically focuses on head of household or living wage jobs. For that reason, state economic development programs and many, if not most, City policies have require that public financing assistance for economic development purposes result in the creation of jobs at or above a certain living wage level or leverage requirements of one job at a required wage level for every $xxxxx of assistance. Such wage levels often are defined as a multiple of the minimum wage, an annual calculation of a living wage or head of household wage or a prevailing wage for a particular type of job. Eagan's •current policy is based on a prevailing wage standard for comparable jobs. Other policies set a basic wage rate as a prerequisite for consideration and award points for average wage rates for jobs created that substantially exceed that. An example of this approach is the Burnsville Business Assistance Policy and TIF Policy, which is attached. While not as simplified as a straight base standard, the factor weighting approach of the Burnsville policy allows it to, both set a base level for wages and award greater points for higher numbers of higher paying jobs. /(p In situations that do not relate to "economic development", such as redevelopment, renewal and replacement, soils correction and other property focused projects, other cities' business assistance policies permit the job creation and wage goals to be waived by the City in consideration of other public benefits. Again, the. Burnsville policy is an example. The EDC Finance Committee discussed the matter at length and concluded that the City Council and the EDA would have the maximum flexibility if the policy did not set substantial minimums for jobs or wages and, as a consequence, prepared a draft policy that set the job and wage goals for a project at one job at the federal minimum wage. The Committee indicated that. it would understand if the Council wished to set higher standards in the policy or for a particular project, but the group took the approach of creating a low base that would be met in all cases rather than a higher one that might be waived if the job and wage goals were found not to apply to the type of project under consideration. Staff presented the more traditional approach of setting a particular job and wage level or leverage ratio would help the staff and the Council screen and evaluate proposals and applications for "economic development' projects. it would also control situations in which large amounts of public -financing were being requested for projects that would only provide low paying jobs. The Committee agreed that both options should be presented to the Council for its consideration. The matter had not gone to the full Commission at the time that it discontinued its meetings. Other Issues Tax Abatement Policy In 1997, the state created the authority for cities, counties and school districts to create Tax Abatement Districts. Unlike tax increment where the City can make a decision to capture and use the incremental taxes from a development from all twang jurisdictions, under tax abatement, each jurisdiction gets to determine whether to abate its portion of property taxes. A fact sheet regarding Tax Abatement is attached. The City of Eagan has not used this tool and, to date, has not had a policy statement for its use. Cities that do use the tool, typically only appy it to the incremental taxes from a development, but the statute,does permit the abatement of the base tax amount as well. The EDC Finance Committee was reluctant to recommend a policy for the use of the tool, because of concerns that it would be dffficult to adhere to the standard that the City would only abate incremental taxes and that there would be pressure and temptation to use the tool to bail out troubled businesses rather than encourage economic development and additional investment. That having been said, as more cities use the tool, the City does receive inquiries as to whether the tool is available. It would be important to determine whether Eagan should develop a policy and whether the Council would be comfortable that a policy based on abatement of incremental taxes would resolve the, EDC members' concerns. Revolving Loan Fund - TCCCF At the recommendation of the EDC, the City Council also approved participation in the Twin Cities Community Capital Fund, a pooled revolving loan fund. A fact sheet regarding the Fund is attached. The City capitalized its participation in the fund using the proceeds of two DEED gmntAoan projects that were carried out and repaid in the 1990's. The fund allows loans to be packaged and issued up to ten times the amount of the City's participation ($2 million on the $200,000 investment) and, because the loans are combined and resold on the secondary market, it is possible for the fund to make multiple loans, rather than being limited to $200,000 or even $2,000,000. Loans are available for fixed assets at market rates with terms roughly matching the life of the assets acquired. The loans will only provide gap financing to businesses that can get conventional and/or SBA financing for a majority of the amount to be lent. The City has participated in publicizing the availability of the fund to area banks, but it seemed advisable to have the Business Assistance Policy update completed before more promotion of its availability to. the business community. At the present time, the only eligibility criteria for the use of the fund would be that the project and loan amounts are credit worthy as determined by the primary bank and the TCCCF and that the applicant meets the Business Assistance Policy job and wage goals. This appears to be the common approach from discussions with other TCCCF members. This would be the approach staff would recommend, unless the Finance Committee and City Council conclude otherwise. A simple policy statement to that effect could be prepared and added under the Business Assistance Policy umbrella. POLICY QUESTIONS The primary policy questions that have been identified are: • Whether the basic approach to the Business Assistance and TIF Policies is appropriate and presented in a usable and understandable way? • Whether the City's economic development criteria should have a base of one minimum wage job to qualify for economic development business financing assistance or if a higher base or leverage approach would be more appropriate? • Whether the City should consider developing and adopting a tax abatement policy? • Whether the City should apply additional criteria above the basic Business Assistance Policy to applicants for the Twin Cities Community Capital Fund? CONCLUSION The updates of the City's Business Assistance Policy and TIF Policy are in order for approval, with additional direction with respect to the job creation and wage goals. A Revolving Loan Fund/TCCCF Policy can be prepared if the background is satisfactory. Staff is requesting direction on whether to prepare a Tax Abatement Policy for consideration by the Committee and the City Council. Community Development Director Cc: Gene VanOverbeke, Director of Administrative Services Rebecca Kurtz, Ehlers and Associates Agenda Information Memo December 19, 2006 Eagan City Council Meeting N. 2007 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2007. FACTS: Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the Council's approval. The proposed increases are primarily in the 1.6-5% range. ATTACHMENTS: • Consulting Engineering Fees, page • Fee Increase Comparison, page J 2007 COMPARISON OF CONSULTING ENGINEERING RATES FOR THE CITY OF EAGAN CLASSIFICATION BRAA WSB SEH SRF - CITY Senior PIncheml/P*d el Munkdpal Range Average Pubbo/Private Average Range Average Posklon Tine _Range $115.00 to $140.00 $127.50 8130.00 813D.OD to $181.00 815550 8133.00 to $161.00 $147.00 $135.00 Department Head Priv I En deer / SrAssxlate / Senior Pro Manager '8112.00 to 8130.00 8121.00 8105.00 to 8176.00 8140.50 8123.00 to 8149.00 8136.00 S fist/Associate/Sr. Pmj Manager 8100.00 to 8165.00 8132.50 8119.50 $105.00 to $139.00 8122.00 $115.00 City Engineer Prolect Man er / Dept Mn r I DesignReviiew Engr 8108.00 to 8125.00 $116.50 $102.00 887.00 to 8131.00 $114.00 to $0.00 8105.00 Ant. CRY Engineer Registered EngkeedAmhkect/ Natural Resource/Senor GIS Specialist 8103.00 to 8128.00 8115.50 893.00 887.00 to 8119.00 8103.00 $100.00 Transportation Engineer Landscape Architect / Hydrologist /Planner 894.00 to 8114.00 8104.00 875.00 to 8115.00 895.00 ProectEn NeWAmhkecl 878.00 to 8112.00 895.00 $83.00 885.00 to $125.00 8105.00 862.00 to 897.00 879.50 Senior GIS Designer I Water Resource / Senior Designer 879.D0 to 597.00 $88.00 MIS specialist 892.00 to 8125.00 8108.50 Engineering Specialist / ROW Spec / Senior ent $66.00 to 8109.00 897.50 885.00 Project Coordinator System Integration Specialst I Senior Editor 883.00 to 8102.00 892.50 Graduate En NeeNArchked Senior Field Supervisor/ ConsWctkn Observer 883.00 to 8110.00 896.50 874.00 ' Lead Tachnician/EagrTach N/CADD/Su r its 866.00 889.00 to 8126.00 8107.50 886.00 to 8109.00 897.50 SeniorTechnlokn/En rTech III/CADD/Suma /Grahics 863.00 to 890.00 876.50 260.00 879.00 to 896.00 $87.50 $69.00 to 894.00 881.50 875.00 Engineering Technician En Neerin gTechnkdan II/Scientist WADD/Sumay/Graphim 855.00 $66.00 to 884.00 875.00 849.00 to 880.00 864.50 Pro ecs Technician 844.00 te 863.00 _ 853.50 848.00 840.00 to 883.00 851.50 AdmNhtrBve Assistant 858.00 to 878.00 $66.00 Word Proc/AdmN TedVOBrce Tech II 861.00 $49.00 to 884.00 866.50 $50.00 to $76.00 863.00 Clari utVAncroTech/OMce Tech l 832.00 843.00 to 876.00 859.50 33Pereon Survey Crew 8162.00 8145.00 2 -Peron SumCrew $136.00 $120.00 GPS Sumey Equipment 838.00 820.008rour Total Station Equoment 828.00 GIS Workste lion Equipment $22.00 GPS Submeter Unit .hall da 880.00 ' Mileage Included 0.445 Moe Reimbursed at a rate not to excee the camnt allowable IRS rate Reproduction, Printing. Duplicating, Stakes, Field Supplies, Telephone calk Etc. Included Included Blied at actual cost DalliF Field Vehicle Allowance 810.00 Da Flow Meter ( week) 825.00 Ab Detection Equipment(per hall d 825.00 BRAA= Bonestroo, Rosene, Anderfih & Assca, WSB = WSB & Associates SEH = Short Egnk, Hendrickson, Inc. SRF = SRF Consulting Group, Inc. 2007 COMPARISON INCREASE OF CONSULTING ENGINEERING FEES FOR CITY OF EAGAN CLASSIFICATION BRM WSBBASSOCIATES SEH SRF CITY 2006 % 2007 2006 % 2007 2006 % 2007 2006 % 2007 2006 % 2007 Position Title Senior Principal / PrinciI $125.00 2.0% $127.50 $125.00 4.0% $130.00 $153.00 1.6% $155.50 $143.50 2.4% $147.00 $135.00 0% $135.00 Dept Director Principal En ineer/SrAssoclete/Sr Prol Mar $118.50 3.9% $121.00 $117.00 $140.50 0.0% $140.50 $132.50 2.6% $136.00 Specialist / Associate l Sr. Prof Mar $131.00 1.1% $132.50 $112.00 6.7% $119.50 $118.50 3.0% $122.00 $115.00 0% $115.00 City En ineer Pro. Mngr I Dept Mgr. / Deai n Review Emir. $112.00 4.0% $116.50 $98.00 4.1% $102.00 $112.00 1.8% $114.00 $110.00 $105.00 0% $105.00 AntCftyFngr Registered Engineer/ArchitectfNatural Resouroe/Senlor GIS Specialist $109.50 5.5% $115.50 $89.00 4.5% $93.00 $100.50' 2.5% $103.00 N/A $100.00 TransportabonEnor. Landscape Architect / Hrot ist/Planner $100.00 4.0% $104.00 $65.00 11.8% $95.00 Project Engineer/Architect $90.50 5.0% $95.00 $80.00 3.8% $83.00 $103.00 1.9% $105.00 $77.00 3.2% $79.50 Sr GIS Desi ner / Water Resource/Sr Designer $85.00 3.5% $88.00 $96.00 MIS Specialist - $106.00 2.4% $108.50 Enginserino SpeciallsVROW Spec/Sr Agent $88.00 10.8% $97.50 $85.00 0% $85.00 Project Coordinator System Integration S dallsl/Senlor Editor 1 $90.00 2.8% $92.50 Graduate Engineer /Architect $71.00 N/A Sr Field Supemisor/Construction Observer $89.60 7.8% $96.50 $80.00 -7.5% $74.00 N/A Lead Technician / Engr Tech IV / CADD/Survey/Graphics $64.00 3.1% $66.00 $105.50 1.9% $107.50 $93.00 4.8% $97.50 Senior Technician / Engr. Tech III / CADD / Survey /Graphics $74.50 2.7% $76.50 $58.00 3.4% $60.00 $87.50 0.0% $87.50 $79.50 2.5% $81.50 $75.00 0% $75.00 En rTech. Engineering Technician II / Scientist I / CADD / Survey / Graphics N/A $0.00 $53.00 3.8% $55.00 $75.00 0.0% $75.00 $59.50 8.4% $64.50 Project Technician $50.50 5.9% $53.50 $48:00 4.3% $48.00 $51.50 0.0% $51.50 Administrative Assistant $64.50 2.3% $68.00 Word ProoAdmin TeWOtfice Tech II $58.00 3.4% $61.00 $66.50 0.0% $66.50 $61.50 2.4% $83.00 Clencal/Assoc TechlOffice Tech l $31.00 3.2% $32.00 $58.00 2.6% $59.50 3 -Person Survey Crew $175.00 0.0% $175.00 $156.00 3.8% $182.00 $145.00 0% $145.00 2 -Person Survey Crew $130.00 0.0% $130.00 $131.00 3.8% $136.00 $120.00 0% $120.00 GPS Survey Equipment $38.00 0.0% $38.00 $20/ hour $2Mour Total Station Equipment $28.00 0.0% $28.00 GIS Workstation Equipment $22.00 0.0% $22.00 GPS Submeter Unit r half da $80.00 0.094 $80.00 Flow Meter rweek $200.00 Air Detection Equipment r half de $25.00 Mlles a At Cost Included in Above $0.485 $0.445 Current Allowable IRS Rate At Cost 0% At Cost Ropmductfon. Printing, Duplicating, Stakes, Field Su Iles TeleDhone caOs Eta At Cost Included IndudedActual Costs jDally Field Vehicle Allowance $10.00 d ((\o.0 NsuLnwE ow wcE&RATE&RMaadwEWlmaa w JV i -j 12/15/2006 Agenda Information Memo December 19, 2006 Eagan City. Council Meeting ACTION TO BE CONSIDERED: Approve Encroachment and Maintenance Agreements for landscaping, mailbox shelters and storm drainage outlets with Toll MN, L.P. and Steeplechase of Eagan Condominium Association, Inc., and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The developer and property owners association for the Steeplechase development (Project 05-M) have asked to construct mailbox shelters to be maintained by the association within public right-of-way; namely on Steeplechase Lane and Steeplechase Court. They have also asked to landscape, with the association maintaining said landscape, upon a center island within the public right-of-way on Steeplechase Circle. • The developer has also constructed rock facades on concrete outlets of certain ponds located within public easements within the Steeplechase development. • The City is responsible for the management of all infrastructure and fixed objects within the public right-of-way and easements. Accordingly, the City follows approved regulations and standards to enhance safety and limit the related liability. • The proposed agreement would authorize the developer and the association to construct, maintain and repair the improvements within the public right-of-way and easements. The developer and the association would be responsible for all costs relating to construction, maintenance and repair of the improvements, and the improvements would be constructed by the developer and the association in accordance with plans and specifications reviewed by City staff. • An agreement between the City of Eagan and Toll MN, L.P. and Steeplechase of Eagan Condominium Association, Inc., has been prepared providing for the cost and maintenance responsibilities for the proposed improvements within the public right- of-way and easements, as well as comprehensive liability insurance and indemnification for the City of Eagan. As set forth in the agreement, the developer and association shall bear 100% of all costs and responsibilities. • City staff have reviewed these agreements and found it to be similar to other landscape agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting P. PROJECT 778, TH 149 UPGRADE MODIFIED MUNICIPAL AGREEMENT ACTION TO BE CONSIDERED: Approve a modified Cooperative Construction Municipal Agreement for Project 778 (Trunk Highway 149 — Street Upgrade and Trail Improvements) with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk 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 have been submitted for approval by MnDOT staff. 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. Cost participation for the construction of Project 778 will include three public agencies; MnDOT, Eagan and Inver Grove Heights. In order to accommodate this multi -agency cost participation, a Municipal Agreement is required to be approved by all three agencies. On August 15' 2006, the City Council approved a Municipal Agreement with Mn/DOT and Inver Grove Heights which identified $2,161,800 in State funding to be applied to the project. The Inver Grove Heights City Council approved the same agreement at its August 14, 2006 meeting. Subsequent to both Councils' approval, Mn/DOT requested that approximately $56,000 of additional traffic signal improvements be included in the project. Therefore, the previous Municipal Agreement must be modified to reflect the additional funding to be provided by Mn/DOT. The modified agreement indicates that MnDOT will encumber the additional amount for a total of $2,217,800 for their contribution to the construction of Project 778. A portion of this sum, $494,150, has been designated to a segment of TH 149 within the limits of Inver Grove Heights. This agreement will allow Eagan, as the project lead agency, to manage this designated funding. City staff have reviewed this agreement and found it to be similar to other cost participation and cooperative construction agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting O PROJECT 950, OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION AND ACCESS IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 950 (Opperman Drive & TH 149 -Intersection Reconfiguration and Access Improvements) and schedule a public hearing to be held on January 16, 2007. FACTS: • On December 4, 2006, the City Council received a petition from Thomson Legal and Regulatory and authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 2, 2007. ATTACHMENTS: + Draft Feasibility Report, attached without page numbers. 50052511 Agenda. Information Memo December 19, 2006 Eagan City Council Meeting R. CONTRACT 06-01, TH 149 UPGRADE FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION AGREEMENT ACTION TO BE CONSIDERED: Approve an Agency Agreement for Federal Participation in Advance Construction for Contract 06-01 (Trunk Highway 149- Street Upgrade and Trail Improvements) with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-01 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 have been submitted for approval by MnDOT and contract work is anticipated to proceed with Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. • The Federal Highway Administration (FHWA) has dedicated $6,094,000 towards the construction of Contract 06-01. Since this amount is greater than $1,000,000, an agreement is required to be approved between the City of Eagan and MnDOT. • An agreement between the City of Eagan and MnDOT has been prepared which provides for more efficient distribution of FHWA funds through MnDOT for the use of financing Contract 06-01. • City staff have reviewed this agreement and found it to be similar to other cost participation agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 918 (Pilot Knob Road and Lone Oak Road — Street and Traffic Signal Improvements) for the signal at Pilot Knob Road/Central Parkway and Northwood Parkway with the'Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents.. FACTS: • Dakota County has completed the upgrade of Pilot Knob Road between Central Parkway and Lone Oak Road, including the addition of tum lanes and traffic signals. As part of this project, a new traffic signal has been installed at the Central Parkway/Pilot Knob Road intersection. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost, maintenance, and operation of the new traffic signal at Pilot Knob Road/Central Parkway and Northwood Parkway. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting T. PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-87000-011-00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four -lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes 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. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The initial appraisal of the slope, drainage and utility easement for this property initially indicated a value of about $15,166. An offer was accordingly forwarded to the property owners.The property owners responded by providing their own appraisal, which was considerably higher in value. • The two appraisals agreed on the land value for the property in question. The difference in easement appraisal value was due to a difference in opinion on the value of the damages to the property caused by the easement. • A review of the City's original appraisal has indicated a higher value for the resulting damages to the property due to the easement. The City's appraiser has suggested a revised offer of $60,662.00 as an appropriate alternative. The property owner has consented to this revised offer. • An agreement between the City of Eagan and the owners of Parcel 10-87000-011700, Outlot A, YMCA 16` Addition, has. been prepared providing for the acquisition cost for 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. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. MAO Agenda. Information Memo December 19, 2006 Eagan City Council Meeting U. THIS ITEM HAS BEEN REMOVED Agenda Information Memo December 19, 2006 Eagan City Council Meeting V. THIS ITEM HAS BEEN REMOVED 9D Agenda Information Memo December 19, 2006 Eagan City Council W. FINAL SUBDIVISION (TOWN CENTRE 100 20TR ADDITION) — ANXON. INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Town Centre 100 20`h Addition) to create two lots upon 4.8 acres located at 1274 Town Centre Drive and 3420 Denmark Avenue in the NW '/. of Section 15. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved August 15, 2006. ➢ This Subdivision will allow the construction of a new Walgreen's at Denmark Avenue and Town Centre Drive. D All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page TOWN CENTRE 100 20TH ADDITION tl '.'. "'i - �n'b?J' _�.� 1 t P0wY110P6RTBl®IRYL�:L11G.,°.roIYYI,IYIma.Ir IRI:T..IS,WMr4•,Y.:rW ... I/aI'IYSI•f..w.YMw.m,MMYbyWe4wwnlrY«(mNIWYIr•Iwrtat „m;,r�`�� an.m �ryi_ m:rL..nLmWtollu lml.N.twm.,ru:,Pr::rrrrrer.trwrrr - I .- ..---'-- ••—...--- -I N.rr«._,.,..r....tWa.,.1.NN.m1Y.....W.....,r.W.r...I.:.IR_ iSal ' �� +ORR CfMPE O+R'E � w=•u.+daiaf,LUG• ��uwtelYMtwl.Wr...ususwwer.wan.Movr.+wwu y Y ; ��Re � r r•...YYL+IwrIYY•IINYIarw� a IIT 11 �2 •. . � ISrr11 6.{t �� r1Y � .'� `F ♦` 11R'Ge,WYne WFV4'frVP`�'IWrr—MY�MO._M �. .. I f��4� CS]j r'• .4 V� � 1 :: � �13 0 WOr.r•�(�1.� u 1 '4 LL rI Pf:� L��♦ � yu � �Y=rl pl�we.If\WI y W.alYuo YUIMMWrr•.WaeYf.,r.Y WMtl.tl. eL y �y ♦ `� KWi M,RIiTWN,FUIM1s.YY.aw.wo WrmYY nnar . 1 ( ...all 1 8 r fill "l4C•d iof . G .;. y 6 •. f♦'♦rSi "•'rW`Psv4•• r,r'Oer�rrlYwd'�IYrrY,w�uttBTVw=era"9i s:.FYrlw®iY `�`r+„Y..•'ev I i{ : Tram .._ a -1 sv:�••`�f % �^'a i( �-.i �wYrinr...rrwrww+rrasrrr.......rx.werY,lrerwmw.l.rww.wl. j99 : 8 ?jk j g F.F..+wrslr ` 9 ... ;� - J� i�rj � �° W.Rrmlrwnr.r�rWrlTe I rt: eY�•TstA 1"�I.-../. L �r6slncMlrml. 4 I .Yf � « rrrwrrr_r R_rrmt.Irrr...r.Pr.rr t I .x d"RE% t t PSIS.fO ' 1 I� SMIYM'+ . ♦ eFi4Y IIM. 4m ' •I ♦ I 1 I Ir�tl10rYIDrres�YrP.Wr,Nr.r—r+—+.e- I TYIIrM1r «u6[3envYit0VIW90 _ ® e�ie� ro•Pi=1i Ytl]r�YrY WIrJeMew.i1014:Y1ON.0YIPY.NW PIrraieW ®1w sb 4�reI�Y�. xoam I I' � rwsl`Y°Vi..`W`w_ RT t... w..rwwsrr—rd—R°_.—rm_rr i• y � r.slrr.worl.:t�e —;� —' I LI LSI r + sulax mr i RECEIVED DEC 6 6 2066 CORNERSTONE :m '�.° ^r ^ " �;�R '• LhNO SVRVEYING. INC Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: X. Approve a resolution accepting a $1,525.12 donation from the Eagan Firefighters Relief Association. Fire Department. ACTION TO BE CONSIDERED: To approve a resolution accepting a $1525.12 donation from Eagan Firefighters Relief Association. FACTS: • The Eagan Firefighters Relief Association has would like to donate $1525.12 to the Fire Department for use in purchasing a Holmatro Hydraulic Rescue Cutting Tool for the Rescue Truck. • The Eagan Fire Department is requesting that these funds be applied towards buying the above mentioned Rescue Tool that will replace a tool purchased in 1974. • A thank you letter will be sent to the Eagan Firefighters Relief Association. ATTACHMENTS: Attached as page 9 is the proposed resolution. KV EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA . A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on December 19, 2006, at 6:30 p.m. The following members were present: Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, The Eagan Firefighters Relief Association has offered to donate $1525.12 for use by the City of Eagan; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota,.that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Firefighters Relief Association for the gracious and generous donation. ADOPTED this ISO day of December, 2006. Pat Geagan, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: • and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: Y. APPROVE AGREEMENT WITH THE CITY OF EDEN PRARIE TO EXTEND WEB SITE SERVICES SUPPORT TO THE CITY OF EAGAN ACTION TO BE CONSIDERED: Approve agreement with the City of Eden Prairie to extend Web site services support to the City of Eagan. FACTS: • Eden Prairie is a Minnesota city with the same Content Management System (CMS) for its Web site as Eagan. • Eden Prairie and Eagan are both members of LOGIS, so our networking systems are similar. • Unlike Eagan, Eden Prairie has a computer programmer/developer on staff and because of its staff size, Eden Prairie has capacity to contract with Eagan to provide these services up to 20 hours per month. • Currently Eagan has been contracting with a California-based firm for custom development services and staff believes local project management will allow Eagan to better move ahead on implementing improvements from the 2006 Web site usability study and make significant improvements. to the City's Intranet. • The city attorneys of both cities have reviewed the one-year agreement. • This line item is in the approved 2007 Communications Budget and the hourly rate represents a significant cost savings over other alternatives. ATTACHMENTS: • A copy of the agreement is on pages to of the packet. 95 AGREEMENT FOR THE CITY OF EDEN PRAIRIE. TO EXTEND WEBSITE SERVICES SUPPORT TO THE CITY OF EAGAN THIS AGREEMENT, entered into by and between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation ("Eden Prairie"), and the CITY OF EAGAN a Minnesota municipal corporation ("Eagan"), is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS, Eagan has implemented Q -Publishing Content Management Software for management of web related content and requires technical support to operate and maintain the system; and WHEREAS, Eagan requires assistance interfacing with Quantum Art and LOGIS, entities obligated to provide support of Eagan's website and Intranet and to resolve any issues pertaining to the. support of Eagan's Q -Publishing Content Management Software; and WHEREAS, Eden Prairie has implemented Q -Publishing Content Management Software for its own web related content, and has a more fully staffed Information Technology Department consisting of technical employees who have the time and skills necessary to provide the services required by Eagan, and; WHEREAS, Eagan desires to purchase website technical services from the City of Eden Prairie. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 1. SERVICES. 81872 1 N/ A. Eden Prairie shall provide qualified Management Information Systems Employees of Eden Prairie ("Employees") to perform website (Intranet and Internet) related development and programming for Eagan. These services include the following: • Professional Programming & Development Service; • Software and Hardware upgrade as required; • Monitoririg, troubleshooting and evaluation of website operation; and • Coordination with LOGIS, Eagan IT, and Quantum Art, as may be. necessary. Eden Prairie will generally provide services within the normal working hours of 8:00 a.m. until 4:30 p.m., Monday through Friday. However, considerations will be made for emergency situations and system upgrades which may require off hours support. B. Eden Prairie shall be solely responsible for compensating the assigned Employee(s), including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of Eden Prairie. In addition, Eden Prairie shall be solely responsible for worker's compensation, reemployment insurance benefits, and other employee related laws, including OSHA, ERISA, RLSA, and FMLA. Eden Prairie shall retain the authority to supervise the Employees, including the right to hire, schedule, fire and discipline them. C. Eagan will provide the necessary VPN access, office, equipment, and supplies for the assigned Employee(s) to provide the services required hereunder and will bear all costs attendant thereto. Eagan is responsible for any additional licensing, software, and hardware necessary to operate and access network servers and other related equipment owned by Eagan. 81872 2 97 D. The Eagan Communications Director shall communicate the work to be performed by the assigned Employee(s) and required deadlines for performance. In the event of a disagreement about work direction, Eagan Communication Director will work with Eden Prairie rr Manager/CIO to resolve the issue. 2. PAYMENT. Eagan will compensate Eden Prairie for support services at an hourly rate of $83.33 per hour for a total of 20 hours per month. The payment of $1,666.60 is due by 15th of each month. Unless specifically agreed to in writing by both parties, in no case shall services exceed 240 hours or $19,999 per year. If the monthly services do not require the full 20 hours per month, the remaining unused hours will be banked for use at Eagan's request. If Eagan requests more than 20 hours in a given month; those hours will be billed at the normal hourly rate. Any previously unused or banked hours will be applied as a credit towards any hours above and beyond the allocated 20 hours per month. The total monthly request shall not exceed 40 hours. Eden Prairie shall provide an invoice detailing the hours and projects on a monthly basis for which Eagan is responsible to pay. 3. INDEMNIFICATION. Neither city is liable for the acts or omissions of the other city relating to its performance under this Agreement. 4. DATA PRACTICES ACT. The parties shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et. seq., to the extent that the Act is applicable to data and documents in the hands of both parties. 5. AUDITS. The books, records, documents, and accounting procedures and practices of the parties relevant to this Agreement are subject to examination by either party and the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 81872 3 Mgt 6. CONFLICTS. No salaried officer or employee of the either party and no member of the City Council of either party shall have a financial interest,. direct or indirect, in this Agreement. A violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 7. LIMITATION OF REMEDIES. In the event of a breach of this Agreement by either party, neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 8. TERMINATION, SEPARABILITY.. A. This Agreement may be terminated by either party upon ninety (90) days' written notice provided to the respective City Manager of Eden Prairie or City Clerk of Eagan. B. Upon the effective date of termination, no further amounts shall be due and payable by Eagan to Eden Prairie under Section 2 of this Agreement. Any paid but unused hours shall be reimbursed by Eden Prairie to Eagan. Any and all records or property of the respective cities will be returned to the appropriate city within 90 days. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. E. This agreement may not be assigned by any party without prior consent of the other party. F. This Agreement may be amended by written mutual agreement of the Parties. 81872 4 q% IN WITNESS WHEREOF, the Cities of EDEN PRAIRIE and EAGAN have caused this Agreement to be duly executed effective on the day and year last entered below. Dated: Dated: PAHo=\EMGM4ERAL\Fapn ODubw-2006-I1.22.dw CITY OF EDEN PRAIRIE Ey: Nancy Tyra -Lukens Mayor of Eden Prairie Scott Neal City Manager of Eden Prairie CITY OF EAGAN M 81872 5 Pat Geagan Mayor of Eagan Maria Peterson City Clerk of Eagan M Agenda Information Memo December 19, 2006 Eagan City Council Meeting Z. THIS ITEM HAS BEEN REMOVED Agenda Memo December 19, 2006 City Council Meeting AA. 2007 RENEWAL OF CONTRACT WITH LIFEWORKS INC. ACTION TO BE CONSIDERED: Approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. FACTS: • Lifeworks provides unskilled employment opportunities for physically and mentally challenged adults. • The City of Eagan has contracted annually with Lifeworks Inc for the past 15 years to provide limited janitorial services, on a variable part-time basis, at park buildings designated by City staff. The efforts of Lifeworks are intended to supplement City staff. • The "Not to Exceed" contract total of $1,860 for 2007 has been incorporated into the approved 2007 Parks and Recreation Department operational budget. This represents a"0 W increase over the 2006 cost. • Lifeworks provides an on-site supervisor, insurance and assumes liability for its staff. • The contract may be canceled by either party when appropriate notice has been given to the other party. ATTACHMENTS: None 10Z Agenda Information Memo December 19, 2006 Eagan City Council Meeting BB. REZONING — CITY OF EAGAN ACTION TO BE To direct staff to initiate a Rezoning of the property legally described as Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway in the SW %4 of Section 9. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The subject site was guided Medium Density residential (MD) with the 2000 Comprehensive Plan Update. ➢ In order to allow the use on the property at that time (Richfield Blacktop) to remain as a conforming use and to maintain the required consistency between the Comprehensive Plan and the Zoning Map, the City subsequently rezoned the property to Transitional (T). ➢ While the site has some existing active Conditional Use Permits for outdoor storage of blacktopping vehicles and equipment, the current owner of the property has recently closed the business and put the property on the market for sale. ➢ The City Attorney has advised staff that due to the current inactivity of the site, the City should now rezone the property to R-3, Residential Townhouse in keeping with the ultimate use determined with the 2000 Comprehensive Plan Update. ATTACHMENTS: (1) Location Map on page l oq . 1d3 Location MapFive Ama ® DUUM E Fant p i i*.!� ` } ,wi'r�;s}t"'",�T,"� 7� ,J"^ �u *-T, lr' �, �u �.; g a �c� � fFn-z;� � ■.. � {�7 'd U ��4'�) � '� tt 1� �i{� t �. ly � Licl �i�T ) P• J�� p _, N°�� t'0yy.�.� n A�tr��'..yy tr�'�/'V@U J t µii f i 'tn i Ylh16.� ��sat ., .}• � �� } O i i'w. }S> L1. �siX? � "1�5 i��° s�rirvl,�9 ,. •' 7 ^v�; ��A� �:' rx� �rj�. is �w�SSti '�"�'hl��l-i�+'y� y" I O • ` `r A u 's•r}� r�ai u)h �eF t'" t6a oSi�.," ° t' 1 1 9 I^'d�rn+sit ��tt4A �Ik�"y® ry,) s�l�u ��4� !`��Y� � � S `! • tt� Q w s i M1� i p ��f Fs 9 ��• Lr � "ar, (t" i'e�s et ar • .i?', � • o, Sub"eat Site �{9�l�{'IITj 4}•�MY.��it�1 �TAFAI.."3'. ®® ieL t'l ��vt i 1 . a Y EMU mom )� I s �,� p •'.. ® ® '^t(;+yd ��f N�4 1 �' ,,.., kyr" ` 0 was `r r • 9. E- on L .5it M. k'YiCr'^ • ' wf a� 44 +V 1000 0 10DD 2000 Feet 3206 Sibley Memorial Highway Nw Fi•wMuwq l02a1 M•Vlrw lt. Pemnhw nmpdW pMd•tl oYDakeD Oo.ib Oelw afGwotlka.emrofPym aWL �O� N Cf�L��y�,y, f l� o! Lap TFUS MAP IS INTENDED FOR REFERENCE USE ONLY W 8 The City of Began end Dakota County do not Suegnlae the aeeumay of this Information and aro ° Grnmuvlb e•r•IePtmel MPntm••t not responathle for arrow or andsoloaa. Agenda Information Memo December 19, 2006, Eagan City Council Meeting CC. EXTENSION FOR RECORDING FINAL SUBDIVISION — LO NIDY ACTION TO BE CONSIDERED: To approve a 60 -day extension of time to record the Final Subdivision for Lo Nidy located at the southwest intersection Yankee Doodle Road and Highway 149 in the NW '/. of Section 13. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Subdivision was approved on October 17, 2006. The plat is required to be recorded within 60 days of approval. ➢ Due to difficulties in finalizing the Development Contract, the applicant is unable to record the plat within the 60 day timeframe. ATTACHMENTS (1): Location Map on page lC)5 Location Map 11171 r MENjs AS an film Ll SCI \� Mill aOF- I Ir L f"T I vii'%ZIV4�4w, f IS rr I I Limi K, Ull s ............. Mapil"m wftERSlArcVma,&I.Pw new a— byllabWaCour*011kedOlSarldlocarmu THIS ISM 13 IWENDED FOR REF9RENCE USE ONLY The City of Eagan and Dakota County do not guawmat" the ma, am Agenda Memo December 19, 2006 City Council Meeting DD. ACCEPT A DONATION FROM THE DAKOTA COUNTY CENTER FOR THE ARTS FOR PERSONAL PROPERTY LOCATED AT THE EAGAN ART HOUSE ACTION TO BE CONSIDERED: Accept a donation of personal property located at the Eagan Art House (other than business, financial, confidential or operational documents) from the Dakota Center for the Arts, dba The Eagan Art House. FACTS: • At their November 9, 2006 meeting the City Council approved a plan to integrate the existing Art House programs into the Recreation Division. • With the Department of Parks and Recreation absorbing the arts programming the Eagan Art House Board changed the mission of their non-profit organization to become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House. The board will retain its role in managing the Eagan Arts Festival with proceeds to benefit the Eagan Art House. • Over the past several years the Art House Board has purchased equipment and supplies to sustain the operation of the arts programming conducted in the Art House.. • Since the Board will no longer be facilitating the programming component they wish to donate all personal property located at the Eagan Art House to the City of Eagan Parks and Recreation Department for use by the department for community art classes. • It is expected that this donation will help provide a seamless transition from the Art House Board to the department by the end of this year. • An inventory and agreed value of all items will be completed by January 31 and submitted to the City of Eagan ATTACIi1V1ENTS: • Letter from Eagan Art House Board on page 105 . 0-7 EAGA.N ART MOUSE 3981 Lexington Avenue South Eagan, MN 55123 651-686-9134 www.eaganarthouse.org December 13, 2006 City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 The Dakota Center for the Arts, dba The Eagan Art House, wishes to donate all ownership rights in its personal property (other than business, financial, confidential, or operational documents) located at the Eagan Art House to the City of Eagan Parks and Recreation Department for use by the department in the provision of community art classes. This donation will help provide a seamless transition as operations move from the Eagan Art House Board to the Parks and Recreation Department at the end of this year. An inventory and agreed value of all items will be completed by January 31 and submitted to the City. Sincerely, �� Vicki Wright Board President Agenda Information Memo December 19, 2006 Eagan City Council Meeting A. 2006 (PAYABLE 2007) PROPERTY TAX LEVY ACTION TO BE Approve the proposed 2006 (payable 2007) property tax levy as follows: General Revenue: General Fund $ 19,067,200 Equipment Revolving Fund 905,440 Gen Facilities R/R Fund 134,010 Major Street Fund 1,247,812 MVHC/DCC Capital 950.100 Subtotal General Revenue 22,304,562 Debt service: Community Center bonds 1.198.523 Total City-wide Levy $ 23.503.085 Cedarvale Special Services Dist. $0 FACTS: • The City held a Truth -in -Taxation public hearing on December 4 to consider the 2007 General Fund budget and the payable 2007 property tax levy. No input from the public was provided at the hearing. • The State requires that the levy be formally adopted at a subsequent hearing. • The final levy must be certified to the County by December 30. No changes have been made to the general City levy or the Cedarvale Special Services District levy as presented at the December 4 meeting. ATTACHMENTS: • Enclosed on page M is a copy of the resolution adopting the final levy. MR RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2007 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 19, 2006, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember Councihnember and seconded by NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2007 as follows: Revenues: General Fund $ 19,067,200 Equipment Revolving Fund 905,440 Major Street Fund 1,247,812 General Facilities Renewal/Replacement Fund 134,010 MVHC/DCC Capital 950.100 Subtotal Revenues 22,304,562 Debt: Community Center/Central Park bonds 1.198.523 Total City -Wide Levy $23.503.085 Cedarvale Special Services District Levy S 3.000 Dated: December 19, 2006 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 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 19th day of December, 2006. Maria Petersen, City Clerk I� Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. Proposed 2007 General Fund Budget ACTIONS TO BE CONSIDERED: • Approve the proposed 2007 General Fund budget. • Approve 2007 expenditures in the total amount of $134,900 appropriated from the General Fund fund balance for: o Police CJHN Project $ 45,600 o CJRN 1T Needs Assessment 34,500 o DCC dispatch start-up costs 54.800 $ 134,900 FACTS: • The City held a Truth -in -Taxation public hearing on December 4 to consider the 2007 General Fund budget and the payable 2007 property tax levy. • The State requires the budget be adopted subsequent to the 2007 levy. • No changes were made to the budget pursuant to the Truth -in -Taxation hearing. • No changes were made to the above -listed items to be paid from the General Fund fund balance from what was presented to the Council in August. ATTACHMENTS: • Enclosed on pages _�L through J_ L are copies of comparative summaries of revenues and expenditures for the General Fund. e 2007 Comparative Summary of Expenditures General Fund Budget 2004 2005 2000 2007 PUBLIC SAFETY 11 Police Administration 477,100 Budget Actual Actual Budget Proposed GENERAL GOVERNMENT 5,739,600 Support Services 01 Mayor& Council $ 108,380 $ 112,577 $ 121,900 $ 127,500 02 Administration 705,281 532,276 502,100 485,200 03 Information Technologies 907,676 1,135,655 1,060,000 1,141,400 04 City Clerk 304,334 225,887 294,900 229,000 05 Finance 767,946 821,927 900,400 955,200 06 Legal 387,499 478,504 400,700 458,000 07 Comm Dev-Planning/ED 675,316 820,341 813,900 880,100 08 Comm Dev-Inspections 852,828 925,919 999,300 906,300 09 Communications 369,985 401,639 394,500 452,800 10 Human Resources With Admin 231,800 240.500 241,900 441.541 Gen Govt Total 5,079,245 5,686,525 5,728,200 5,877,400 PUBLIC SAFETY 11 Police Administration 477,100 investigations 1,453,100 Patrol 5,739,600 Support Services 2.162.800 Total Police 7,735,803 8,778,306 9,334,500 9,832,600 12 Fire Administration 961,800 Operations 173,800 Inspections/prevent 228,600 Support 177,500 Total Fire 1.025.743 1,100.821 1,218.500 1,541.700 Public Safety Total 8,761,546 8,879,127 10,553,000 11,374,300 PUBLIC WORKS 21 Public Works/Enginsedng 1,108,634 1,206,353 1,315,900 1,138,900 22 Streets 1,352,192 1,412,796 1,454,000 1,617,400 24 Central Svoes. Maird. 440,601 441.541 485,900 531.800 Public Works Total 2,901,427 3,060,690 3,255,800 3,2118,100 PARKS & RECREATION Parks & Recreation 30 Recreation 2,053,900 31 Packs 1.737.200 Total Parke and Rea 3,053,375 3,246,188 3,429,000 3,791,100 32 Tree Conservation 321,180 386.240 408.400 464.100 Parks & Ree Total 3,374,555 3,63$428 3,837,400 4,255,200 GENL GOVT BLDG MAINT 33 Building Maintenance 583,442 647,788 616,200 639,400 Total Expenditures - General Fund 41 Contingency -undesignated Transfer Out $ 20,700,215 22,906,658 Total Expenditures + Contingency 1.575.000 23,990,600 2SA34AN 26,900 14,900 2007 BUDGET GENERALFUND COMPARATIVE SUMMARY OF REVENUES General Property Taxes Licenses Permits Intergovernmental Rev Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers 2004:1.2005 2006 2007 Actual Actual Budget Pr000sed $ 16,214,910 $ 17,292,300 $ 18,225,400 $ 19,067,200 250,736 248,507 261,600 260,900 1,010,638 1,057,785 972,200 818,600 662,375 591,389 595,500 568,900 1,187, 572. 1,310,369 1,019,200 1,157,000 581,092 509,100 616,300 935,200 271,447 287,149 268,300 282,100 268,989 '381,869 350,200 459,500 1,100, 221 1,309,569 1,3114,200, 1,447,100 369,920. 402,392 394,600 452,800 TOTAL GENERAL FUND $ 21,917,900 $ 23,390,429 $24,Oo $ 25 F12.-� Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. Proposed 2007 Cedarvale Special Services District Budget ACTION TO BE Approve the proposed 2007 Cedarvale Special Services District Fund budget. FACTS: • Staff sent notices to all Cedarvale Special Services District property owners explaining the proposed budget and levy, and inviting them to attend the Truth -m - Taxation hearing. • The City held a Truth -in -Taxation public hearing on December 4 to consider the 2007 Cedarvale Special Services District budget and the payable 2007 property tax levy. • The State requires the budget be adopted subsequent to the 2007 levy. • No changes were made to the budget pursuant to the Truth -in -Taxation hearing. ATTACHMENTS: • Enclosed on page 0 is a copy of the 2007 revenues and expenditures budget for the Cedarvale Special Services District Fund . 113 Cq d Eapa 2007 Proposed Budget Operating Budget Special Revenue Funds — Cedarvale Special Services District (119) Expenditures by Category Fund Balance, Beginning of Year Revenues: Special Services District Taxes Interest on investments Total Revenues Expenditures: Professional Services -Auditing Mowing Fertilizer and Weed Control Sign Maintenance Total Expenditures Excess of Revenue Over(Under) Expenditures Fund Balance, End of Year HIGHLIGHTS & CHANGES Overview: The proposed 2007 Cedarvale Special Services District budget is expected to be about the same as the 2006 budget both on the revenue and expenditure side. Hiahliaht(Channe 1: None Financial Impact: None Service Level Impact: None. REVENUE & EXPENDITURE DETAIL Revised 2004 2005 2006 2007 Actual Actual Budget Budget $ 11,076 $ 8,748 $ 6,181 2,088 2,003 3,000 130 157 300 2,218 2,160 3,300 $ 3,081 3,000 300 3,300 - 500 500 500 500 3,066 3,461 3,400 3,500 - - 1,400 1,400 980 766 1,100 900 4,546 4,727 6,400 6,300 (2,328) (2,567) (3,100) (3,000) $ 8,748 $ 6,181 $ 3,081 $ 81 Agenda Information Memo December 19, 2006 Eagan City Council Meeting D. PROJ 946 THOMAS CENTER DRIVE - STREET IMPROVEMENTS THOMAS LAKE ROAD — TRAIL IMPROVEMENTS) ACTION TO BE CONSIDERED: Approve Project 946 (Thomas Center Drive — Street Improvements/ Thomas Lake Road Trail Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past seventeen years, the City has rehabilitated approximately 87 miles of local streets.. • The resurfacing of Thomas Center Drive (Thomas Lake Road to Cliff Road) has been programmed for 2007 in the City's 5 -Year Capital Improvement Program (CIP). • On Dec. 13, 2004, the City Council adopted a Community Trail System Policy to help identify, prioritize and facilitate the installation of remaining trail segments throughout the city. The installation of a bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, was reaffirmed as important to the City's commitment as a walkable community and has been identified as one of the highest priorities (#5 of 26) to be constructed. In accordance with this policy, remaining trail segments such as this are to be included with adjacent street improvement projects for cost effective economies of scale. It subsequently was programmed for 2007 in the 5 -Year CIP adopted by the Council on June 7, 2005 and again on June 6, 2006. e On June 6, 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of Thomas Center Drive, and the trail installation on Thomas Lake Road. • On November 21, 2006, the feasibility report for Project 946 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 14 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 10 total properties (all commercial/ industrial) proposed to be assessed under the Thomas Center Drive improvement, and 8 properties adjacent to the Thomas Lake Road improvement (all single- family with no assessment proposed), one property owner representing one property (along Thomas Lake Road) attended the informational meeting. Two written objections from one property to the Thomas Lake Road trail have been submitted and are enclosed. • Also enclosed is a map showing properties in the Mallard Drive neighborhood that petitioned for crosswalk improvements across Thomas Lake Road at Mallard Drive in March, 2006. At that time, City staff responded to the petitioners that this uncontrolled intersection would not be an appropriate location for a crosswalk, and that these proposed trail improvements would provide connection and access to the existing crosswalk at the Highline Trail. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: / • Feasibility Report, pages&hroughL34, • Informational Meeting Minutes & Attendees, pages]-3?and 139 Correspondence, pages Z3!�_ and L0 • Map of Crosswalk Petitioners (March 2006), page: 115 FF i N F 1 I _ ^�..! ♦ :. t C' :�1 Cid -. .. - ,/ - � F P: ,Se 1s y .2 City of Eapn Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges ..--CRY ADMMISiRA'ron MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 tax 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.cityoleagen.com THE LONE OAK THEE The symbol of strength and growth in our community. December 15, 2006 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Thomas Center Drive Street Revitalization Thomas Lake Road Trail Improvements City Project No. 946 Dear Mayor and City Council: Attached is our report for the Thomas Center Drive Street Revitalization & Thomas Lake Road Trail Improvements, City Project No. 946. 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,�,E\ J John P. Gorder Assistant City Engineer Reviewed By: Dept. Af Public Works 1N I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. f in John P. Gor er Date: 12-15-06 Reg. No. 22813 1Z -15 -o( - Date: (1 ' 16 -0& TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction.......................................................................................................2 Scope................................................................................................................. 4 Feasibilityand Recommendations.............................................................................. StreetEvaluation.................................................................................................. 5 Proposed Improvements..........................................................................................5 Easements/Permits................................................................................................ 8 CostEstimate........................................................................................................ 8 Assessments........................................................................................................ . Commercial/Industrial...........................:......................................................9 Thomas Center Driveway Entrance Replacement...................................................10 Assessment Financing Options.................................................................................10 Revenue Source................................................................................................... 10 ProjectSchedule....................................................................................................11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2A Thomas Center Drive - Street Improvement/Assessment Area Map - 2B Thomas Lake Road Trail Improvements - 3 Typical Section - Overlay - 4 Concrete Entrance — Detail Plate December 2006 Thomas Center Drive Street Revitalization Thomas Lake Road Trail Improvements Introduction/ History Thomas Center Drive Street - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CII') for street rehabilitation is developed from this information. The 0.3 miles of 44 -foot wide Thomas Center Drive, from Cliff Road to Thomas Lake Road, in south-central Eagan is identified for the 2007 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. Thomas Center Drive was constructed in 1982. Based . on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 24 - 26 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Thomas Center Drive -2- Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred. at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that Thomas Center Drive was seal coated in 1988 and again in 1997. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where .necessary. These repairs alone will not substantially extend the life expectancy of the street pavement if not combined with the proposed bituminous overlay proposed with this project. Thomas Lake Road Trail — In accordance with the City 2007-2011 Capital Improvement Program, an 8 -foot wide bituminous trail is proposed along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, within existing public right-of-way, approximately 1,900. feet to the north. This long -planned trail segment will provide increased connectivity of the City trail system. Thomas Center Drive -3- , ^ ` The Public Works Department has also inspected the utility infrastracture..(sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 0.3 miles of roadway. Figure 2A, located in Appendix C, illustrate the project limits of Thomas Center Drive. The project also provides for the construction of an 8 -foot wide bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail. Figure 2B illustrates the project limits of the proposed trail. Feasibility and Recommendations The mill & overlay project on Thomas Center Drive is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The trail project is necessary to provide for safe pedestrian and vehicle movement along Thomas Lake Road. The mill & overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The trail portion is cost-effective in that the trail and associated improvements will be combined with the mill & overlay, improvements within the City to encourage additional cost savings. due to the benefit of scale. The mill & overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital, Improvement Plan (2007 — 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Thomas Center Drive 4 X2.1 Street Evaluation — Thomas Center Drive The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: j PCI j Recommended Improvement j 56 - 100 Routine Maintenance/Crack Seal/Seal Coat j 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct The 2006 PCI ranking for Thomas Center Drive has a pavement condition rating of 51 which falls in the "Patch/Repair and/or Overlay" category. Therefore, the 2007 construction season is the optimal time to construct the bituminous overlay on this street. Proposed Improvements - Thomas Center Drive Pavement - The proposed street improvements for Thomas Center Drive are shown in Figure 3. The existing street section for the collector street consists of 4" bituminous pavement supported by 8" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/s -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for commercial/ industrial streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Thomas Center Drive _5- I + 2^ Concrete curb & gutter - Damaged curb & gutter and sidewalk will be replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail that is replaced: either a new 2' wide roll of sod adjacent to residential property or seeded with turf grass in areas away from residential properties. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new sod, where possible, to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. After the 30 -day establishment period, the City will be responsible for growth of the seeded turf grass areas. Signage All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Sidewalk/ Path Pedestrian 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 mill & overlay improvements. The most common method of providing this detectable warning is through the . installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of ten truncated dome pedestrian ramps on the concrete sidewalk within the project area. Example of a truncated dome pedestrian tamp Thomas Center Drive -6- 113 Driveway Replacement _ While the properties north and west of Thomas Center Drive within have concrete driveway aprons consistent with current City standards, the properties along the south and east sides of Thomas Center Drive (Thomas Lake Center) were constructed with bituminous driveway entrances and are proposed to be replaced. The entrances will be reconstructed with T' -thick concrete entrance aprons in accordance with Eagan Standard Detail 440, as shown on Figure 4. This driveway entrance replacement provides commercial entrances of adequate strength and width and is consistent with similar past projects in commercial/ industrial areas throughout the City and the other properties within the project area. Proposed Improvements - Thomas Lake Road This project provides for the construction. of an 8 -foot wide bituminous trail with an 8 -foot boulevard green space along the west side of Thomas Lake Road from the existing bituminous trail stub north of Thomas Center Drive to the Mghline Trail, approximately 1,900 feet north, as shown on Figure 2B. This portion of the project also provides for the installation of truncated dome pedestrian ramps on the bituminous trail at all intersecting public streets within the project area. Thomas Center Drive _7- I- 4 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Commercial.and Industrial Lots — Thomas Center Drive Street Improvements All commercial and industrial lots as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for collector streets, regardless of width. The estimated cost per adjacent lot area to be assessed based on the City Assessment Policy is $2,427/ acre and is calculated as follows: 1) % Commercial/Industrial Assessable = 2,427 f f. / 2,766 (total f f.) = 87.7% 2) [$63,930 (Mill & Overlay Cost) x 100%x 87.7%] =$56,070 (Total Commercial/ Industrial Assessment) 3) $56.070 (Commercial/Industrial Assessment) 4 $2,427/ acre 23.1 Acres Commercial/Industrial Thomas Center Drive - 9- Assessment Ratio Property City Mill and Overlay • Commercial/Industrial 100% 0% Repair Existing Concrete Curb and Gutter 0% 100% Concrete Entrance Replacement 100% 0% Bituminous Trail — Collector Street 0% 100% Commercial.and Industrial Lots — Thomas Center Drive Street Improvements All commercial and industrial lots as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for collector streets, regardless of width. The estimated cost per adjacent lot area to be assessed based on the City Assessment Policy is $2,427/ acre and is calculated as follows: 1) % Commercial/Industrial Assessable = 2,427 f f. / 2,766 (total f f.) = 87.7% 2) [$63,930 (Mill & Overlay Cost) x 100%x 87.7%] =$56,070 (Total Commercial/ Industrial Assessment) 3) $56.070 (Commercial/Industrial Assessment) 4 $2,427/ acre 23.1 Acres Commercial/Industrial Thomas Center Drive - 9- Thomas Center Drive Driveway Entrance Replacement All adjacent commercial/ industrial properties with driveways not to current City standards are proposed to be assessed the total cost of driveway entrance replacement improvements on the area of driveway installed. The total driveway improvement assessment per lot is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances, on Thomas Center Drive, in accordance with current City standards. The estimated cost of driveway replacement is approximately $95.58 S.Y. replaced. The existing concrete driveway entrance to 1579 Cliff Road (PID 10-75925-050-01) is proposed to be repaired with no assessment to the property. 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. The following payment schedule is an example of a $10,000 assessment with an estimated 5.5% interest for the assessed amounts: Revenue Source A summary of revenue sources is listed below: Project Interest Cost fPrincipal �. Per Year Per Year Mill and Overlay Per Year $ 56,070 ($7,860) First Year $1,000--- $550 r-_---_.---- $1,550 — Tenth Year $1,000 $55 $1,055 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $99,260 (56% of total) Thomas Center Drive to- 121 Project Property City Cost Assessment Contribution Mill and Overlay $ 63,930 $ 56,070 ($7,860) (with Signage) Repair Existing Curb $ 25,050 -0- ($25,050) Concrete Entrances $ 31,540 $ 22,940 ($8,600) Thomas Lake Trail $ 57.750 -0- ($57.750) Total $178,270 $ 79,010 ($99,260) The City's Major Street Fund will finance the estimated project deficit of $99,260 (56% of total) Thomas Center Drive to- 121 Proiect Schedule Present Feasibility Report to City Council Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting...................................................................... December 14, 2006 Public Hearing...................................................................... December 19, 2006 Approve Plans and Specifications.................................................................. January, 2007 Award Contract............................................................................. February, 2007 Project Completion................................................................................August, 2007 Final Cost Report .......................................................................... September, 2007 Final Assessment Hearing..................................................................................... Fall, 2007 First Payment Due with Property Tax Statement ...................... ........ :..... May 15, 2008 '[nomas Center Drive _]]. I� Appendix A -Street Overlay - City Project No. 946 Preliminary Cost Estimate Thomas Center Drive L Bituminous Street Overlav Item Unit Est. Qty, Unit Price Est. Cost Mobilization L.S. 1 $2,500.00. $2,500 Edge Mi11 Bituminous Pavement S.Y. 1760 $1.15 $2,020 Type 2350/60 Wear Course Mixture Ton 600 $50.00 $30,000 Bituminous Material for Tack Coat GaI. 300 $2.00 $600 Adjust Water Valve Box—Riser Adjustment Each 3 $175.00 $530 Repair Valve Top Section w/ cover Each 2 $275.00 $550 Adjust Frame & Ring Casting Manhole Each 10 $400.00 $4,000 MH Riser Installation Each 4 $140.00 $560 Traffic Control L.S. 1 $2,000.00 $2,000 4 -Inch White Striping L.F. 200 $0.50 $100 4 -Inch Double Yellow Striping L.F. 1300 $1.00 $1,300 Replace Traffic & Street Signs L.S. 1 $2,680.00 $2,680 Subtotal $46,840 +5% Contingencies $2,340 Subtotal $49,180 '+30% Indirect Costs $14,750 TOTAL - STREET $63,930 II. Repair Existine Concrete Curb & Gutter/ Sidewalk Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 300 $5.00 $1,500 Remove Concrete Sidewalk S.F. 300 $5.00 $ 1,500 Remove Bit Trail S.F. 200 $5.00 $1,000 B618 Concrete Curb and Gutter L.F. 300 $15.00 $4,500 Remove Valley Gutter S.Y. 5 $20.00 $100 T' Concrete VaHey Gutter S.Y. 5 $50.00 $250 Adjust Frame & Ririg Casting C.B) Each 5 $300.00 $1,500 R & R Frame & Ring Casting C.B) Each 1 $300.00 $400 Sod w/To soil S.Y. 80 $12.00 $960 Bituminous Driveway Patching S.Y. 20 $26.00 $520 Bituminous Street Patching Ton 5 $90.00 $450 Class 5 Aggregate Base Ton 1 10 1 $20.00 $ 200 1-2-9 Truncated Dome Warning Paver 2' x 2' Each 20 $120.00 $ 2,400 Bituminous Path Patching S.Y. 15 $26.00 $390 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 630 $4.25 $2,680 $24,260 Subtotal $18,350 Total - Driveway. +5% Contingencies $920 TON Subtotal $19,270 $11,000 +30% Indirect Costs $5,780 200 TOTAL CURB $25,050 III. Driveway Entrance Replacement Item Unit Est. Unit Price Est. Cost Driveway Entrance Replacement S.Y. 330 $70.00 $23,100 Subtotal $23 100 +5%Contingencies $1,160 Subtotal $24,260 + 30% Indirect Costs $7,280 Total - Driveway. $31,540 IV. Thomas Lake Road Trail Item Unit Est. Unit Price Est. Cost Mobilization LS 1 $1,000.00 $1000 Remove Concrete Curb and Gutter LF 50 $7.00 $ '350 Common Excavation CY 700 $12.00 $ 8,400 6" A e ate Base, Cl. 5 100% Crushed TON 550 $20.00 $11,000 2" Bituminous Walk LV45030B TON 200 $55.00 $11,000 Pedestrian Ramps w/ Truncated Domes EA 2 $800.00 $ 1,600 Sod and 4" Topsoil SY 1,500 $5.00 $ 7,500 B618 Concrete Curb and Gutter L.F. 50 $15.00 $750 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 160 $4.25 $680 Subtotal $ 42,300 +5% Contin encies $ 2,120 Subtotal $44,420 +30% Indirect Costs 1 13,330 TOTAL THOMAS LAKE TRAIL 1 $57,750 Total Proiect Cost $178.270 Appendix B - City Project No. 946 Preliminary Assessment Roll Thomas Center Drive COMMERCIAL/ INDUSTRIAL P.I.N. Area Acres Rate/ Acre Street Overlay Assmt D/W SY D/W Rate SY D/W Assmt Total Assmt LIFE TIME FITNESS ADDTTION 1565 THOMAS CENTER DR 10-45400-010-01 9.4 $2,427 $22,810 $22,810 Subtotal 9.4 SAFARI AT EAGAN 3RD 1595 THOMAS CENTER DR 10-65827-010-01 2.6 $2,427 1 $6,310 $6,310 1575/1580/1585/1590 THOMAS CENTER DR 10-65827-030-01 10-65827440-01 10-65827-050-01 10-65827-060-01 0.6* 0.6* 0.6* 0.6* $2,427 $1,460 $1,460 $1,460 $1,460 $1,460 $1,460 $1,460 $1,460 Subtotal 5.0 $12150 THOMAS LAKE CENTER No Address 10-75925-020-01 1.0 $2,427 $2,430 70 $95.58 $6,690 $9,120 1570 THOMAS CENTER DR 10-75925-060-01 0.9 $2,427 1 $2,180 80 $95.58 $7,650 $9,830 1565 CLIFF RD 10-75925-010-01 5.8 $2,427 1 $14,080 90 $95.58 $8,600 $22,680 1579 CLIFF RD 10-75925-050-01 1.0 $2,427 $2,430 1 $2,430 Subtotal 8.7 $21,110 Totals 23.1 $56,070 240 $22940 $79,010 ** Includes Lot acreage (0.2 acres) plus 0.4 acres common area for each lot 31 Thomas Center Drive Neighborhood Street Revitalization CO Of Eap Thomas Lake Road - Trails Improvements Fig. 1 Engineering Department Location Map - Project 946 13� N /EX. SIDEWALK EDGE MILL (6'-8' wide) T I-EX-.SIDEWALK- EnE 4" BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Existing Typical Section 44' I 1/r WEAR COURSE 2350160 BITUMINOUS TACK COAT 4" BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section EX. 8618 CURB & GUTTER OVERLAY REPLACE EX. CURB & GUTTER AS DIRECTED 11-13-06 Thomas Center Drive Sty Of lain Typical Sections - Project 943 � � Fig.3 Engineering Department n DPE 3/4" PER FT. ti •.: G y• .. ,, . • , •. ... . ' -iii-iii-i • d • 7" MINIMUM THICKNESS REQUIRED ON ENTIRE APRON. SUITABLE GRANULAR SUBGRADE OR CL. 5 (1007. COMPACTION) EXCAVATE SUBGRADE TO ACCOMODATE 7" THICKNESS AT FLOW LINE SECTION A -A MAXIMUM 8' J TRANSVERSE JOINT BETWEEN JOINTS 25' Min'. Rad. / A B6 Curb e 4 ... 12'-6" i e• .a 8 CONTRACTION JOINT A 1. WHERE NEW DRIVEWAYS ARE TO BE ADDED ACROSS EXISTING C&G, REMOVE EXISTING C&G AND REPOUR INTEGRAL WITH THE CONCRETE ENTRANCE. 2. CONCRETE APRON REQUIRED FOR ALL ENTRANCES. PLAN EXPANSION JOINT A (TYP.) 3. CONTRACTION JOINT PATTERN TO BE DETERMINED BY ENGINEER. 4. REQUIRED MIX DESIGNATION = 3A32 Thomas Center Drive Concrete Entrance Apron Project 946, I� STANDARD PLATE 440 Fig. 4 CITY PROJECT NO 946 ` INFORMATIONAL NEIGHBORHOOD MEETING THOMAS CENTER DRIVE - STREET REVITALIZATION THOMAS LAKE ROAD THURSDAY, DECEMBER 14, 2006 1:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 1 residents representing 1 property (see attached sign -in sheet). A. Presentation of Project Details • The one resident attendee lives at the northwest corner of Thomas Lake Road and Mallard Drive. Gorder welcomed the resident and provided information on the proposed trail project along Thomas Lake Road. . B. Questions/ Comments I live at 1555 Mallard Drive and am disappointed with the proposed trail construction as it impacts substantial vegetation, landscaped and natural, along Thomas Lake Road. Gorder shared the need for the trail, and that the trail is proposed entirely within City right-of-way. Gorder also informed the resident of the petition (March 2006) from Mallard Drive area residents looking for pedestrian crosswalk and improvements at Thomas Lake Road. Gorder indicated that this segment of trail will provide safer pedestrian connections for the neighborhood. to Thomas Lake School and the Thomas Lake Center commercial area. The installation of a trail is in keeping with the Community Trail System Policy would make Thomas Lake Road more consistent with most other collector roadways, with pedestrian facilities available on both sides of the street. The meeting adjourned at 8:00 p.m. G:Pwj-0ont9461Nnma—Thomm Cerra -lake I 'I As Ak� NEIGHBORHOOD MEETING MERL Thomas (3entre Drive 4r Project No. 946 �hr Of Eala < Thursday, December 14, 2006 7:30 p.m. NAME ADDRESS AA 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGNAN.Sheet I 1555 Mallard Drive Eagan, MN 55122 December 11, 2006 Mr. John P. Gorder, PE Assistant. City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Thomas Lake Road Trail Improvement, City Project No. 946 DEC 13 2006 EAUAN ENGINEERING DEPARTMENT Dear Mr. Gorder: I am contacting you regarding a letter received from you and the City of Eagan, sent to property owners affected by City Project No. 946, Thomas Lake Road Trail Improvements. I am one of the property owners that resides at 1555 Mallard Drive, on the comer of Thomas Lake Roa bilThe pil oppoeei bike trail will run through the boulevard of my side lawn. I am opposed to the propos Unfortunately, -due to travel-commitments.fotmY "pork as or the h� $� f for December.. get ration, I am not able to attend the neighborhood informational meeting The trail extension is not needed. This same issue came before the nc� b100t 01 ands was will resolved, being voted down sad determined as unnecessary. Constructionrequire the cutting down of over 155 trees of 2" in diameter and larger, between Thomas s ak itCiienter ofd the highline trail. This count does not include saplings or brush type bushes. This truly "paving paradise" There is an existing six-foot concrete sidewalk on the east side of Thomas Lake Road, which is not Property maintained. There is considerable overgrowth along the edges of the walk. If the walk were edged there would be almost an additional foot of clean walkway. The volume of foot and bike traffic on that walk does not warrant an expansion to the west side of the street I have talked to several of my neighbors since receiving the letter, and no one sees the need for a trail on both sides of the street. The shoulder of Thomas Lake Road is of adequate width for bike traffic to exist safely along with the car traffic. I have maintained the boulevard along my property as lawn for the past 16 years. The easement is heavily landscaped with evergreens, shrubs and bushes and watered with an in -ground lawn irrigation system. Much of that will be damaged or destroyed with the construction of this proposed path. Before this leaping bad matured there was a constant problem of bikers cutting the corner across my lawn. This new path will encourage such activity again. This proposed trail will literally run people through my lawn and greatly compromise the privacy of my yard and gardens. I encourage you to be resourceful and stop this destruction of natural resources m waste issue. to I worevod ues on this not needed, or wanted, project Thank you for your considerations regarding be glad to discuss this with you further. My home telephone number is 651-452-9217. Page I of 1 John Golder From: neagbour@comcast.net Sent: Friday, December 15, 2006 11:17 AM To: John Gorder Subject: Please pass this on to the city council, Thank you 3ecember 14, 2006 )ear Mr. Gorder, Mayor and City Council members, As part owner of the single family home most effected by the proposed upcoming Eagan City Project No. 946, I would ike to write you concerning this bituminous trail. I was given to understand at the Neighborhood Meeting on December l4, that the issue of the bike trail was brought up through a petition signed by 12 residents. These 12 residents were -equesting a crosswalk be designated at the corner of Mallard Drive, crossing Thomas Lake Road, so that a total of 8 :hildren could make use of it on their way to school. These 12 people requested a crosswalk and not a bike trail. In a etter from Tim Plath, Transportation Engineer, it was suggested that rather than paint a crosswalk onto Thomas Lake toad, a 275 foot bi tuminous trail be laid on the west side, running north towards the school and again running south for 1,625 feet in the opposite direction from that in which the children would travel. The cost of City Project 946 is estimated it over $178,000.00, in order to take the children in the opposite direction of which they wish to go! None of the 12 ;igners of the petition attended the meeting, which shows their lack of interest in this project. . the proposed bike trail is simply not needed or wanted by the residents located nearby. Constructing the trail will require he removal of hundreds of trees, some of which have grown to a height of 25 feet or more. Over 30,000 square feet of ,voods and brush will need to be ripped up and destroyed in order for a bituminous trail to be laid down. You do not add 3eauty to Eagan by ripping out natural wooded areas and installing more tar paths. Thomas Lake Road is already a paved wo-lane road with 8 feet wide paved shoulders on both sides. An 8 foot wide paved shoulder is more than enough room .'or bicycles or pedestrians to travel safely, even with traffic. Adding yet another 8 feet of bituminous next to the 8 foot ;boulder is certainly not needed and seems rather redundant. there is also a 4 foot concrete sidewalk with an additional 12 foot boulevard on the east side of Thomas Lake Road that, ;ven though it could use some repair, seems to be so lightly traveled by either pedestrians or bicyclists that to duplicate it m the west side of the same road is unwarranted. believe that rather than duplicate lightly used features that are already in place and to spend $178,000.00 on a )ituminous trail that the residents did not request, is a waste of the city of Eagan's monies. This proposed bike trail was :onsidered by the City Council in 2001 and deeming the project wasteful and unnecessary, they wisely voted it down. ?lease consider this letter before you order this wasteful project. Certainly there must be a more useful project to allocate he $178,000.00 to? thank you for your time and consideration, fames Neagbour 1555 Mallard Drive pagan, MN 55122 12/15/2006 �sss 0 Q O W PROPOSED BITUMINOUS' TRAIL ��O�P,S CENTER 1 City of Ean Mallard Drive Neighborhood 12/1406 Engineering DepartmentCrosswalk Improvement Petitioners 1 Agenda Information Memo December 19, 2006 Eagan City Council Meeting E:. PROJ 948, WESTBURY ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 948 (Westbury Addition Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past seventeen years, the City has rehabilitated approximately 87 miles of local streets. • The resurfacing of streets within Westbury Addition, south of Wescott Road and west of Lexington Avenue, has been programmed for 2007 in the City's 5 -Year Capital Improvement Program. • On June 6, 2006, the City Council authorized the preparation of, a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of the streets in the Westbury neighborhood. • On November 21, 2006, the feasibility report for Project 948 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 14 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 141 total properties (all single-family) proposed to be assessed under this improvement, three property owners representing three properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages%through� • Informational Meeting Minutes & Attendees, pageq&md, mm 777 f.Yv. Wil\ flitt;il �=�L �_z.�iY CRA Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY Awnusmmit MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651 A54.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cltyofeagan.com THE LONE OAK TREE The symbol of strength and growth In our community. December 15, 2006 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Westbury I' — 4t6 Additions Street Improvements City Project No. 948 Dear Mayor and City Council: Attached is our report for the Westbury V — 4th Additions Street Revitalization, City Project No. 948. 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, ZoP.1'Gorder, P.E. Assistant City Engineer 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. i John P. Gorder Date: 1;? -t5-06 Reg. No. 22813 Reviewed BY: Date: 12.- "5 - D ra Date: t'L ' 15 aG TABLE OF CONTENTS Letter of Transmittal/Cerdfication Table of Contents Introduction.............................................. Scope................................................ Page ................................................1 ...................................................... 3 Feasibilityand Recommendations..............................................................................3 Street Evaluation.................................................................................................. 4 Vmnmed imnrovements..........................................................................................4 Rain Gardens / Infiltration Areas..........................................................................6 Easements/Permits................................................................................................ 6 CostEstimate....................................................................................................... 7 Assessments........................................................................................................ 7 LowDensity Residential............................................................................... 7 Assessment Financing Options................................................................................. 8 Revenue Source.................................................................................................... 8 ProjectSchedule...................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Overlay / elJ r December 2006 Westbury 1st — 4th Additions Street Revitalization Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and .implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 1.3 miles of 32' wide local residential streets within the Westbury la — 40' Additions neighborhood area are identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed in 1984 and 1985, as part of adjacent development. Westbury Additions Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with 'seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood were seal coated various times between 1994 and 2000. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. Westbury Additions /e� The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 1.3 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project, is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride -ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 — 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Westbury Additions Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI I Recommended Improvement 56 --100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay i 0:35 Reconstruct The 2006 PCI rankings for the Westbury I' — 0 Additions has a neighborhood weighted average pavement condition rating of 42 which falls in the rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2007 construction season is the optimal time to construct the bituminous overlay on these streets. Proposed Improvements Pavement - The proposed street improvements are shown in Figures 3. The existing street section consists of 3" bituminous pavement supported by 6" gravel base._ The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/2 -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Westbury Additions Page /.�2 Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 10% (0.3 miles) of the existing concrete curb and. gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Sidewalk/ Path Pedestrian 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 mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of four truncated dome pedestrian ramps on the bituminous paths on local intersecting streets at Wescott/ Westbury Drive and Lexington/ Westbury Drive. Westbury Additions Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Rain Gardens/ Infiltration Areas Reducing storm water runoff volumes and re -charging the groundwater system through infiltration has recently been emphasized at the local, state, and federal levels of government. At time of development of neighborhoods such as Westbury, provisions for reducing the amount of storm water runoff from impervious surfaces, such as yard rain gardens and infiltration areas were not considered. Neighborhood street revitalization projects as proposed under this project provide an opportunity to investigate potential added storm water runoff controls. City staff will present information on the benefits and features of rain gardens to area residents to solicit interest, as part of the public notices and informational meetings for this project. If residents are interested, City staff will provide educational materials and review specific properties for the feasibility of rain garden installations. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Westbury Additions Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration; engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay w/Signage $ 202,240 • Repair Existing Concrete Curb & Gutter 78,290 Total Project Cost $ 280,530 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay/ Signage • Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (141 total, all single-family) as shown on Figure 2, having direct driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per Westbury Additions Page 7 residential lot equivalent to be assessed based on the City Assessment Policy is $717 per Single Family Lot and is calculated as follows: 1) [$202,240 (Mill & Overlay Cost).x 50%1= $101,120 [Total Residential Assessment (R-1, 2, 3)] 2) $101,120 (Total Residential Assessment) -> $717 / lot 141 Equivalent Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $717 Revenue Source A summary of revenue sources is listed below: Principal Per Year Interest Per Year Cost Per Year First Year $143 $39 $182 Fifth Year $143 $8 $151 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $179,410 (64% of total). Westbury Additions Page 8 153 Project Cost Property Assessment City Contribution Mill and Overlay $202,240 $101,120 ($101,120) Repair Ex. Curb $ 78,290 -0- ($78,290) . Totals $280,530 $101120 $179,410 The City's Major Street Fund will finance the estimated project deficit of $179,410 (64% of total). Westbury Additions Page 8 153 Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting........................................................................... December, 2006 Public Hearing...................................................................... December 19, 2006 Approve Plans and Specifications ........ :....................... :................................. January, 2007 Award Contract ........... :................................................................. February, 2007 ProjectCompletion................................................................................ August, 2007 Final Cost Report .......................................................................... September, 2007 Final Assessment Hearing...................................................................................... Fall, 2007 First Payment Due with Property Tax Statement .................................. May15, 2008 B Westbury Additions Page 10 / S- Appendix A -Street Overlay - City Project No. 948 Preliminary Cost Estimate Westbury 1$` — 4'h Additions L Bituminous Street Overlay Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Edge Mill Bituminous Pavement S.Y. 9890 $1.25 $12,360 Type 2350/60 Wear Course Mixture Ton 2200 $50.00 $110,000 Bituminous Material for Tack Coat Gal. 1180 $2.00 $2,360 Repair Valve Top Section w/ cover Each 3 $275.00 $550 Adjust Water Valve Box - Riser Adjustment Each 15 $175.00 $2,630 Adjust Frame & Ring Castro Manhole Each 23 $400.00 $9,200 MH Riser Installation Each 24 $140.00 $3,360 Replace Traffic & Street Signs L.S. 1 $3,200.00 $3,200 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $148,160 + 5% Contingencies $7,410 Subtotal $155,570 + 30% Indirect Costs $46,670 TOTAL - STREET $202,240 11. Repair Existing Concrete Curb & Gutter Item Unit Est. QtY. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 1500 $5.00 $7,500 Remove Bit. Trail S.F. 250 $5.00 $1,250 D412 Concrete Curb and Gutter L.F. 1400 $20.00 $28,000 B618 Concrete Curb and Gutter L.F. 100 $21.00 $2,100 Remove Concrete Valley Gutter S.Y. 10 $20.00 $200 7" Concrete Valley Gutter S.Y. 10 $50.00 $500 Adjust Frame & Ring Castro C.B) Each 7 $300.00 $2,100 Sod w/fo soil S.Y. 400 $12.00 $4,800 Bituminous Driveway Patching S.Y. 100 $24.00 $2,400 Bituminous Path Patching S.Y. 15 $26.00 $390 Bituminous Street Patching Ton 50 $90.00 $4,500 Truncated Dome Warning Paver 2' x 2' Each 16 $120.00 $1,9 0 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset I S.F. 1 280 $4.25 $ 1,190 R & R CB Casting Each I 1 $300.00 $300 Inlet Protection Each 1 7 $100.00 $100 /_5:5� Item Est. Unit Est. UnitQty. Price Cost II, Repair Existing Concrete Curb & Gutter, continued Class 5 Aggregate Base Ton 5 $20.00 $100 Subtotal $57,350 + 5% Contingencies $2,870 Subtotal $60 20 + 30% Indirect Costs $18,070 TOTAL - CURB $78 90 TOTAL PROJECT COST $280,530 Appendix B - City Project No. 948 Preliminary Assessment. Roll Westbury 1" — 4th Additions Street Overlay Parcel -1 Low Density) P.I.N. Lot Unit Equivalent Assessment Total Westbury 1st Addition Block 1 3897 Westbury Dr. 10-83650-040-01 1 $717 $717 3891 Westbury Dr. 10-83650-030-01 1 $717 $717 3885 Westbury Dr. - 10-83650-020-01 1 $717 $717 3879 Westbury Dr. 10-83650-010-01 1 $717 $717 Subtotal 4 $2,870 Westbury 1st Addition Block 2 3873 Westbury Dr. 10-83650-090-02 1 $717 $717 3867 Westbury Dr. 10-83650-080-02 1 $717 $717 3861 Westbury Dr. 10-83650-070-02 1 $717 $717 3855 Westbury Dr. 10-83650-060-02 1 $717 $717 3849 Westbury Dr. 10-83650-050-02 1 $717 $717 3843 Westbury Dr. 10-83650-040-02 1 $717 $717 3837 Westbury Dr. 10-83650-030-02 1 $717 $717 3831 Westbury Dr. 10-83650-020-02 1 $717 $717 3825 Westbury Dr. 10-83650-010-02 1 $717 $717 Subtotal 9 $6,450 Westbury 1st Addition Block 3 3813 Westbury Ln. 10-83650-050-03 1 $717 $717 3805 Westbury Ln. 10-83650-040-03 1 $717 $717 3812 Westbury Dr. 10-83650-030-03 1 $717 $717 3818 Westbury Dr.. 10-83650-020-03 1 $717 $717 3824 Westbury Dr. 10-83650-010-03 1 $717 $717 1129 Westbury Path 10-83650-100-03 1 $717 $717 1.125 Westbury Path 10-83650-090-03 1 $717 $717 1121 Westbury Path 10-83650-080-03 1 $717 $717 1117 Westbury Path 10-83650-070-03 1 $717 $717 1113 Westbury Path 10-83650-060-03 1 - $717 $717 Subtotal 10 $7,170 /.� 9 Parcel 71 Low Density) P.I.N. Lot Unit Equivalent Assessment Total Westbury 1st Addition Block 4 3848 Westbury Dr. 10-83650-060-04 1 $717 $717 3854 Westbury Dr. 10-83650-070-04 1 $717 $717 3860 Westbury Dr. 10-83650-080-04 1 $717 $717 3866 Westbury Dr. 10-83650-090-04 1 $717 $717 3872 Westbury Dr. 10-83650-100-04' 1 $717 $717 3878 Westbury Dr. 10-83650-110-04 1 $717 $717 3884 Westbury Dr. 10-83650-120-04 1 $717 $717 3890 Westbury Dr. 10-83650-130-04 1 $717 $717 3896 Westbury Dr. 10-83650-140-04 1 $717 $717 3902 Westbury Dr. 10-83650-150-04 1 $717 $717 3908 Westbury Dr. 10-83650-160-04 1 $717 $717 3914Westbu Dr. 10-83650-170-04 1 $717 $717 3920 Westbury Dr. 10-83650-180-04 1 $717 $717 3926 Westbury Dr. 10-83650-190-04 1 $717 $717 3932 Westbury Dr. 10-83650-200-04 1 $717 $717 3938 Westbury Dr. 10-83650-210-04 1 $717 $717 1112 Westbury Path 10-83650-010-04 1 $717 $717 1116 Westbury Path 10-83650-020-04 1 $717 $717 1120 Westbury Path 10-83650-030-04 1 $717 $717 1124 Westbury Path 10-83650-040-04 1 $717 $717 1128 Westbury Path 10-83650-050-04 1 $717 $717 Subtotal 21 S15,060 Westbury 1st Addition Block 5 3951 Westbury Dr. 10-83650-061-05 1 $717 $717 3945 Westbury Dr. 10-83650-051-05 1 $717 $717 3939 Westbury Dr. 10-83650-040-05 1 $717 $717 3933 Westbury Dr. 10-83650-030-05 1 $717 $717 .3927 Westbury Dr. 10-83650-020-05 1 $717 $717 3921 Westbury Dr. 10-83650-010-05 1 $717 $717 Subtotal 6 $4,300 Westbury 2nd Addition Block 1 3819 Westbury Dr. 10-83651-050-01 1 $717 $717 3813 Westbury Dr. 10-83651-040-01 .1 $717 $717 3809 Westbury Dr. 10-83651-030-01 1 $717 $717 /57 Parcel(R-1 Low Density) P.I.N. Lot Unit Equivalent Assessment Total 3805 Westbury Dr. 10-83651-020-01 1 $717 $717 3801 Westbury Dr. 10-83651-010-01 1 $717 $717 Subtotal 5 $3,590 Westbury 2nd Addition Block 2 3800 Westbury Ln. 10-83651-010-02 1 $717 $717 3804 Westbury Ln. 10-83651-020-02 1 $717 $717 No address vacant 10-83651-030-02 1 $717 $717 No address vacant 10-83651-040-02 1 $717 $717 No address vacant 10-83651-050-02 1 $717 $717 3820 Westbury Ln. 10-83651-060-02 1 $717 $717 3824 Westbury Ln. 10-83651-070-02 1 $717 $717 3828 Westbury Ln. 10-83651-080-02 1 $717 $717 3832 Westbury Ln. 10-83651-090-02 1 $717 $717 3836 Westbury Ln. 10-83651-100-02 1 $717 $717 3840 Westbury Ln. 10-83651-110-02 1 . $717 $717 Subtotal 11 0,890 Westbury 3rd Addition Block 1 3844 Westbury Ln. 10-83652-010-01 1 $717 $717 3848 Westbury Ln. 10-83652-020-01 1 $717 $717 3852 Westbury Ln. 10-83652-030-01 1 $717 $717 3856 Westbury Ln. 10-83652-040-01 1 $717 $717 3860 Westbury Ln. 10-83652-050-01 1 $717 $717 3864 Westbury Ln. 10-83652-060-01 1 $717 $717 3868 Westbury Ln. 10-83652-070-01 1 $717 $717 3872 Westbury Ln. 10-83652-080-01 1 $717 • $717 3876 Westbury Ln. 10-83652-090-01 1 $717 $717 3880 Westbury Ln. 10-83652-100-01 1 $717 $717 3884 Westbury Ln. 10-83652-110-01 1 $717 $717 3888 Westbury Ln. 10-83652-120-01 1 $717 $717 3892 Westbury Ln. 10-83652-130-01 1 $717 $717 Subtotal 13 $9,320 Westbury 3rd Addition Block 2 3865 Westbury Ln. 10-83652-140-02 1 $717 $717 3861 Westbury Ln. 10-83652-130-02 1 $717 $717 Parcel -1 Low Densi P.I.N. Lot Unit ` Equivalent Assessment Total 3857 Westbury Ln. 10-83652-120-02 1 $717 $717 3853 Westbury Ln. 10-83652-110-02 1 $717 $717 3849 Westbury Ln, 10-83652-100-02 1 $717 $717 1137 Westbury Circle 10-83652-090-02 1 $717 $717 1140 Westbury Circle 10-83652-080-02 1 $717 $717 1136 Westbury Circle 10-83652-070-02 1 $717 $717 1132 Westbury Circle 10-83652-060-02 1 $717 $717 1128 Westbury Circle 10-83652-050-02 1 $717 $717 1124 Westbury Circle 10-83652-040-02 . 1 $717 $717 1120 Westbury Circle 10-83652-030-02 1 $717 $717 1116 Westbury Circle 10-83652-020-02 1 $717 $717 1112 Westbury Circle 10-83652-010-02 1 $717 $717 Subtotal 14 $10,040 Westbury 4th Addition Block 1 3901 Westbury Wa 10-83653-010-01 1 $717 $717 3905 Westbury Way 10-83653-020-01 1 $717 $717 . 3909 Westbury WE 10-83653-030-01 1 $717 $717 3913 Westbury Way 10-83653-040-01 1 $717 $717 3917 Westbury Way 10-83653-050-01 1 $717 $717 3921 Westbpq Way 10-83653-060701 1 $717 $717 3933 Westbury Way 10-83653-070-01 1 $717 $717 3902 Westbury Trail 10-83653-160-01 1 $717 $717 3906 Westbury Trail 10-83653-150-01 1 $717 $717 3910 Westbury Trail 10-83653-140-01 1 . $717 $717 3914 Westbury Trail 10-83653-130-01 1 $717 $717 3918 Westbury Trail 10-83653-120-01 1 $717 $717 3922 Westbury Trail 10-83653-110-01 1 $717 $717 3926 Westb Trail 10-83653-100-01 1 $717 $717 3930 Westbury Trail 10-83653-090-01 1 $717 $717 3934 Westhwy Trail 10-83653-080-01 1 $717 $717 Subtotal 16 $11,470 Westbury 4th Addition Block 2 1159 Westbury Knoll 10-83653-050-02 1 $717 $717 1163 Westbury Knoll 10-83653-040-02 1 $717 $717 1167 Westbury Knoll 10-83653-030-02 1 $717 $717 160 Parcel -1 Low Densi P.I.N. Lot unit E uivalent Assessment Total 1171 WestburY Knoll 10-83653-020-02 1 $717 $717 1175 Westbury Knoll 10-83653-010-02 1 $717 $717 Subtotal 5 S3,590 Westbury 4th Addition Block 3 3935 Westbury Trail 10-83653-080-03 1 $717 $717 3931 Westb Trail 10-83653-070-03 1 $717 $717 3927 Westbury Trail 10-83653-060-03 1 $717 $717 3923 Westbury Trail 10-83653-050-03 1 $717 $717 3919 WestburY Trail 10-83653-040-03 1 $717 $717 1174 Westbury Knoll 10-83653-010-03 1 $717 $717 1170 Westbury Knoll 10-83653-020-03 1' $717 $717 1166 Westbury Knoll 10-83653-030-03 1 $717 $717 3967 Westbury Wa 10-83653-090-03 1 $717 $717 3971 WestburY Wa 10-83653-100-03 1 $717 $717 3972 WestburY WaY 10-83653-110-03 1 $717 $717 3968 Westbury Wa 10-83653-120-03 1 $717 $717 3964 WestburyWa 10-83653-130-03 1 $717 $717 3960 WestburY WaY 10-83653-140-03 1 $717 $717 3956 Westbury Wa 10-83653-150-03 1 $717 $717 3952 Westbwy Way 10-83653-160-03 1 $717 $717 3948 Westbury WaY 10-83653-170-03 1 $717 $717 3944 Westbury Way 10-83653-180-03 1 $717 $717 Subtotal 18 $12,910 westbury4th Addition Block 4 3936 Westbury WaY 10-83653-080-04 1 $717 $717 3932 Westbury Way 10-83653-070-04 1 $717 $717 3928 Westbury Way 10-83653-060-04 1 $717 $717 3924 Westbury WaY 10-83653-050-04 1 $717 $717 3920 Westbury WaY 10-83653-040-04 1 $717 $717 3916 Westbury Way 10-83653-030-04 1 $717 $717 3912 Westbury Way 10-83653-020-04 1 $717 $717 3908 Westbury Way 10-83653-010-04 1 $717. $717. Subtotal 8 $5,740 Parcel -1 Low Density) P.I.N. Lot Unit Equivalent Assessment Total Westbury 4th Addition Block Outlot A 10-83653-010-00 1 $717 $717 Subtotal 1 $717 Property Totals Single Family Lots 141 TOTAL $101,120 D WestblaTy-45t'4th Additions *I City of Bap Neighborhood Street Revitalization Fig. Engineering Department Location Map - Project 948 EDGE MILLI (6'—B' wide) Typ. V 4L. J mvvV LWml" u" Existing Typical Section 32' 11/2• WEAR COURSE BITUMINOUS BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Tunical Section M REPLACE EX. CURB & GUTTER AS DIRECTED 10-16-06 City of Eagan Wes L s 7 -4th Additions Fig. 3 Typical Sections - Project 948 ng Department CITY PROJECT NO 948 INFORMATIONAL NEIGHBORHOOD MEETING WESTBURY STREET REVITALIZATION THURSDAY, DECEMBER 14, 2006 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 3 residents representing 3 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments I have a corner lot, am I being assessed more than others in the neighborhood? No, the assessments for this type of improvements in a residential neighborhood are on a per lot basis, with all 141 lots assessed equally. Has any neighborhood been successful in contracting with just one garbage hauler? The City ordinance requiring garbage pickup oil certain days of the week in certain areas is intended to encourage residents to contract with one hauler in a neighborhood. Although, Gorder is not aware of one that has been successful in doing so. A resident expressed an interest in a rain garden in their yard on Westbury Lane. Staff will provide further information and put the resident in contact with Dakota County Soil & Water Conservation District (SWCD) staff to discuss possible rain garden grants for interested homeowners. The meeting adjourned at 7:00 p.m. GTwj-Coo018IMmn—WeWmry NEIGHBORHOOD MEETING Westbury Addition Project No. 948 City Of Eakan Thursday, December 14, 2006 6:30 p.m. NAME 2. -em a, Zek, J®' 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ADDRESS 3 CoQ 61y ��57 �%e5a �uN4 LVL G:FORMS/SIGN-IN.Sheet 1150, / Agenda Information Memo December 19, 2006 Eagan City Council Meeting F. PROJ 949, LEXINGTON SQUARE ADDITION ACTION TO BE CONSIDERED: Approve, Project 949 (Lexington Square Addition Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past seventeen years, the City has rehabilitated approximately 87 miles of local streets. • The resurfacing of streets within Lexington Square Addition, south of Wescott Road and east of Lexington Avenue, has been programmed for 2007 in the City's 5 -Year Capital Improvement Program. • On June 6; 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of the streets in the Lexington Square neighborhood. • On November 21, 2006, the feasibility report for Project 949 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 13 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 360 total properties (all single-family) proposed to be assessed under this improvement, four property owners representing three properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages%othrougbA • Informational Meeting Minutes & Attendees, page/ and?. W i ' - r ops. _ Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CRY ADMDasrnATOR 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 651.675.6300 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. December 15, 2006 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lexington Square Addition Street Revitalization City Project No. 949 Dear Mayor and City Council: Attached is our report for the Lexington Square Addition Street Revitalization, City Project No. 949. 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, o%JGorder, P.E. Assistant City Engineer 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. John P. Gorder Date: IV -19-04 Reg. No. 22813 Reviewed By: Dept. of 41ic Works Date: I2— I — Fin Dcean ept. Date: 2 1 -(71.f /�o TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction...........................................................................................................................................1 Scope............:..........................................................................................................................................2 Feasibilityand Recommendations........................................................................................................3 Street Evaluation...................................................................................................................................3 Proposed Improvements.......................................................................................................................4 RainGardens/ Infiltration Areas.........................................................................................................6 Easements/Permits.....................:..........................................................................................................6 CostEstimate........................................................................................................................................ 6 Assessments..........:................................................................................................................................7 LowDensity Residential..........................................:..............................................................7 Assessment Financing Options............................................................................................................7 Revenue Source.....................................................................................................................................8 ProjectSchedule....................................................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 - 2/ 2A &B - 3 Location Map Street Improvement/Assessment Area Map Typical Section — Overlay December 2006 Neighborhood Street Revitalization Lexington Square Addition Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 3.2 miles of 32' wide local residential streets within the Lexington Square Addition neighborhood area are identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed from 1984 to 1987, as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Lexington Square Additions Timely. maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements: The streets in the neighborhood were seal coated various times between 1989 and 2000. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. .Scope This project provides for resurfacing (edge mill and overlay) approximately 3.2 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is the replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Lexington Square Additions 7 Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride -ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 — 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition ,for each street. The general categories that define PCI rankings�are as.follows: PTCI Recommended Improvement 56 - 100 1 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 1 Patch/Repair and/or Overlay 0 _-3 5 1 Reconstruct The 2006 PCI rankings for the Lexington Square Addition has a neighborhood weighted average pavement condition rating of 48 which falls in the rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2007 construction season is the optimal time to construct the bituminous overlay on these streets. Lexington Square Additions Proposed Improvements Pavement- The proposed street improvements are shown in Figure 3. The existing street section consists of 3" bituminous pavement supported by 4" to 6" gravel base and granular sub grade material. The existing bituminous surface will be milled adjacent to the existing curb and .gutter (6'-8' wide) to accommodate a 1 %:-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 9% (0.6 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. Signage - All traffic' control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Lexin7agajdS �' e yr _{'_"�'�r _ _._it -__ _: 1 Rain Gardens/ Infiltration Areas Reducing storm water runoff volumes and re -charging the groundwater system through infiltration has recently been emphasized at the local, state, and federal levels of government. At time of development of neighborhoods such as Lexington Square, provisions for reducing the amount of stone water runoff from impervious surfaces, such as yard rain gardens and infiltration areas were not considered. Neighborhood street revitalization projects as proposed under this project provide an opportunity to investigate potential added storm water runoff controls. City staff will present information on the benefits and features of rain gardens to area residents to solicit interest, as part of the public notices and informational meetings for this project. If residents are interested, City staff will provide educational materials and review specific properties for the feasibility of rain garden installations. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Edge Mill and Overlay W/Signage $ 488,890 Repair Existing Concrete Curb & Gutter 158,220 Total Project Cost $ 647.110 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill Lexin771:7 ton�l /Patz 7s and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay/ Signage • Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (360 Total, all single-family) as shown on Figures 2A & 2B, having direct driveway access on to the streets, to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $679 per Single Family Lot and is calculated as follows: 1) [$488,890 (Mill & Overlay Cost+ Signage Cost) x 50%] _ $244,450 [Total Residential Assessment. (R-1, 2, 3)] 2) $244,450 (Total Residential Assessment) a $679 / lot 360 Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment. schedule will result based on an estimated 5.5% interest for the assessed amounts: Lexington 717- dons ee Single Family Residential Lot = $679 Revenue Source A summary of revenue sources is listed below: Principal Per Year Interest Per Year Cost Per Year First Year $ 136 $37 $173 Fifth Year $ 136 $7 $143 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $402,670 (62% of total). Lexington Syu��e (tions �e/y Project Cost Property Assessment City Contribution Mill and Overlay $488,890 $244,450 ($244,450) Repair Existing Curb $158,220 -0- ($158,220) Totals $647,110 $244,450 $402,670 The City's Major Street Fund will finance the estimated project deficit of $402,670 (62% of total). Lexington Syu��e (tions �e/y Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting........................................................................... December, 2006 Public Hearing...................................................................... December 19, 2006 Approve Plans and Specifications.................................................................. January, 2007 Award Contract `.................................... :........................................ February, 2007 Project Completion...........................:....................................................August, 2007 Final Cost Report .......................................................................... September, 2007 Final Assessment Hearing..................................................................................... Fall, 2007 First Payment Due with Property Tax. Statement..................................May 15, 2008 Lexington A rtions Appendix A -Street Overlay -,City Project No. 949 Preliminary Cost stimate Lexington Square Additions T Rifinminnnc Rfreef nverlav Item Unit Est. Qty- Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Edge Mill Bituminous Pavement S.Y. 24,650 $1.25 $30,810 Type 2350/60 Wear Course Mixture Ton 5,500 $50.00 $275,000 Bituminous Material for Tack Coat Gal. 2,960 $2.00 $5,920 Adjust Water Valve Box - Riser Adjustment Each 42 $175.00 $7,350 Repair Valve Top Section w/ cover Each 13 $275.00 $3,580 Adjust Frame & Ring Castro ole Each 44 $400.00 $17,600 MH Riser Installation Each 40 $140.00 $5,600 Traffic Control L.S. 1 $2,000.00 $2,000 Replace Traffic & Street Signs L.S. 1 $7,800.00 $ 7,800 Subtotal $358J60 + 5% Contin encies $17,910 Subtotal $376,070 + 30% Indirect Costs $112,820 TOTAL - STREET $488,890 ii_ Renair Existing Concrete Curb & Gutter Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 3,320 $6.00 $19,920 Remove Bit. Trail S.F. 250 $5.00 $1,250 D412 Concrete Curb and Gutter L.F. 3,320 $15.00 $49,800 Remove Valley Gutter S.Y. 60 $20.00 1 $ 1,200 7" Concrete Valley Gutter S.Y. 60 $50.00 $ 3,000 Adjust Frame & Ring Castro C.B) Each 43 $200.00 $8,600 Sod w/To soil S.Y. 890 $12.00 $10,680 Bituminous Driveway Patching S.Y. 1 230 $24.00 $5,520 Bituminous Street Patching Ton 110 $90.00 $9,900 Bituminous Path Patching S.Y. 15 $26.00 $390.00 Truncated Dome Warning Paver 2' x 2' Each 20 $120.00 $ 2,400 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 200 $4.25 $ 850 /F/ Item Unit Est. Qty. Unit Price Est. Cost II. Repair Existing Concrete Curb & Gutter (continued) R & R CB Casting Each 1 $300.00 $300 Inlet Protection Each 20 $100.00 $2,000 Class 5 Aggegate Base Ton 5 $20.00 $100 Subtotal $115 910 + 5% Contin encies $5,800 Subtotal $121,710 + 30% Indirect Costs $36,510 TOTAL - Ciiii-F $08,220 TOTAL PROJECT COST $6479110 Appendix B - City Project No. 949 Preliminary Assessment Roll Lexington Square Street Overlay Parcel (R-1 Low Density) P.I.N. Lot Unit Equivalent Assessment Total Gardenwood Ponds 5th Addition Block 1 967 STONY POINT RD 10-28804-020-01 1 $679 $679 Subtotal 1 $679 Lexington Square 1st Addition Block 1 1003 BRIAR CREEK RD 1045075-360-01 1 $679 $679 1007 BRIAR CREEK RD 10-45075-350-01 1 $679 $679 1011 BRIAR CREEK RD 1045075-340-01 1 $679 $679 1015 BRIAR CREEK RD 10-45075-330-01 1 $679 $679 1019 BRIAR CREEK RD 10-45075-320-01 1 $679 $679 1023 BRIAR CREEK RD 10-45075-310-01 1 $679 $679 1027 BRIAR CREEK RD 10-45075-300-01 1 $679 $679 1031 BRIAR CREEK RD 1045075-290-01 1 $679 $679 1035 BRIAR CREEK RD 10-45075-280-01 1 $679 $679 1039 BRIAR CREEK RD 10-45075-270-01 1 $679 $679 1043 BRIAR CREEK RD 10-45075-260-01 1 $679 $679 1047 BRIAR CREEK RD 1045075-250-01 1 $679 $679 1051 BRIAR CREEK RD 10-45075-240-01 1 $679 $679 1055 BRIAR CREEK RD 1045075-230-01 1 $679 $679 1059 BRIAR CREEK RD 1045075-220-01 1 $679 $679 1063 BRIAR CREEK RD 10-45075-210-01 1 $679 $679 1067 BRIAR CREEK RD 10-45075-200-01 1 $679 $679 1071 BRIAR CREEK RD 10-45075-190-01 1 • $679 $679. 3805 GIBRALTAR TRL 1045075-180-01 1 $679 $679 3813 GIBRALTAR TRL 1045075-170-01 1 $679 $679 3821 GIBRALTAR TRL 1045075-160-01 1 $679 $679 3829 GIBRALTAR TRL 1045075-150-01 1 $679 $679 3837GIBRALTARTRL 10-45075-140-01 1 $679 $679 3837 PRINCETON CIR 1045075-050-01 1 $679 $679 3841 PRINCETON CiR 10 45075-040-01 1 $679 $679 3844 PRINCETON CIR 1045075-060-01 1 $679 $679 3845 GIBRALTAR TRL 1045075-130-01 1 $679 $679 3847 PRINCETON CIR 1045075-030-01 1 1 $679 $679 3850 PRINCETON CIR 10-45075-070-01 1 $09 $679 3853 GIBRALTAR TRL 10-45075-120-01 1 $679 $679 3853 PRINCETON CIR 10-45075-020-01 1 $679 $679 3856 PRINCETON CIR 10-45075-080-01 1 $679 $679 3859 PRINCETON CIR 10-45075-010-01 1 $679 $679 3861 GIBRALTAR TRL 10-45075-110-01 1 $679 $679 3862 PRINCETON CIR 10-45075-090-01 1 $679 $679 3869 GIBRALTAR TRL 10-45075-100-01 1 $679 $679 Subtotal 36 $24,440 LeAngton Square 1st Addition Block 2 1030 BRIAR CREEK RD 10-45075-010-02 1 $679 $679 1033 KETTLE CREEK RD 10-45075-220-02 1 $679 $679 1034 BRIAR CREEK RD 10-45075-020-02 1 $679 $679 1037 KETTLE CREEK RD 10-45075-210-02 1 $679 $679 1038 BRIAR CREEK RD 1045075-030-02 1 $679 $679 1041 KETTLE CREEK RD 1045075-200-02 1 $679 $679 1042 BRIAR CREEK RD 10-45075-040-02 1 $679 $679 1045 KETTLE CREEK RD 1045075-190-02 1 $679 $679 1046 BRIAR CREEK RD 1045075-050-02 1 $679 $679 1049 KETTLE CREEK RD 10-45075-180-02 1 $679 $679 1030 BRIAR CREEK RD 1045075-060-02 1 $679 $679 1053 KETTLE CREEK RD 10-45075-170-02 1 $679 $679 1054 BRIAR CREEK RD 10-45075-070-02 1 $679 $679 1057 KETTLE CREEK RD 1045075-160-02 1 $679 $679 1058 BRIAR CREEK RD 1045075-080-02 1 $679 $679 1061 KETTLE CREEK RD 1045075-150-02 1 $679 $679 1062 BRIAR CREEK RD 10-45075-090-02 1 $679 $679 1065 KETTLE CREEK RD 1045075-140-02 1 $679 $679 1066 BRIAR CREEK RD 1045075-100-02 1 $679 $679 1069 KETTLE CREEK RD 10-45075-130-02 1 $679 $679 1070 BRIAR CREEK RD 10-45075-110-02 1 $679 $679 1073 KETTLE CREEK RD 1045075-120-02 1 $679 $679 Subtotal 22 $14,940 Lenin on Square 1st Addition Block 3 1028 KETTLE CREEK RD 10-45075-120-03 1 $679 $679 1032 KETTLE CREEK RD 1045075-110-03 1 $679. $679 1036 KETTLE CREEK RD 1045075-100-03 1 1 $679 $679 1040 KETTLE CREEK RD 1045075-090-03 1 $679 $679 1044 KETTLE CREEK RD 1045075-080-03 1 $679 $679 /Fy 1048 KETTLE CREEK RD 10-45075-070-03' 1 $679 $679 1052 KETTLE CREEK RD 10-45075-060-03 1 $679 $679 1056 KETTLE CREEK RD 1045075-050-03 1 $679 $679 1060 KETTLE CREEK RD 10-45075-040-03 1 $679 $679 1064 KETTLE CREEK RD 1045075-030-03 1 $679 $679 1068 KETTLE CREEK RD 1045075-020-03 1 $679 $679 1072 KETTLE CREEK RD 10-45075-010-03 ' 1 $679 $679 Subtotal 12 $8,150 Lexington Square 1st Addition Block 4 1020 TICONDEROGA TRL 10-45075-230-04 1 $679 $679 1028 TICONDEROGA TRL 10-45075-220-04 1 $679 $679 1036 TICONDEROGA TRL 10-45075-210-04 1 $679 $679 1044 TICONDEROGA TRL 10-45075-200-04 1 $679 $679 1052 TICONDEROGA TRL 10-45075-190-04 1 $679 $679 1060 TICONDEROGA TRL 1045075-180-04 1 $679 $679 1068 TICONDEROGA TRL 10-45075-170-04 1 $679 $679 1076 TICONDEROGA TRL 1045075-160-04 1 $679 $679 1084 TICONDEROGA TRL 10-45075-150-04 1 $679 $679 1092 TICONDEROGA TRL 10-45075-140-04 1 $679 $679 3871 PRINCETON TRL 10-45075-010-04 1 $679 $679 3877 PRINCETON TRL 10-45075-020-04 1 $679 $679 3883 PRINCETON TRL 1045075-030-04 1 $679 $679 3889 PRINCETON TRL 1045075-040-04 1 $679 $679 3895 PRINCETON TRL 10-45075-050-04 1 $679 $679 3901 PRINCETON TRL 10-45075-060-04 1 $679 $679 3907 PRINCETON TRL 1045075-070-04 1 $679 $679 3913 PRINCETON TRL 1045075-080-04 1 $679 $679 3919 PRINCETON TRL 10-45075-090-04 1 $679 $679 3925 PRINCETON TRL 1045075-100-04 1 $679 $679 3931 PRINCETON TRL 1045075-110-04 1 $679 $679 3937 PRINCETON TRL 1045075-120-04 1 $679 $679 3943 PRINCETON TRL 1045075-130-04 1 $679 $679 Subtotal 23 $15,620 Lexington Square 1st Addition Block 5 1073 TICONDEROGA TRL 10-45075-130-05 1 $679 $679 3873 GIBRALTAR TRL 10-45075-240-05 1 $679 $679 3874 PRINCETON TRL 1045075-010-05 1 $679 $679 3879 GIBRALTAR TRL 10.45075-230-05 1 $679 $679 3880 PRINCETON ML 1045075-020-05 1 $679 $679 lss 3885 GIBRALTARTRL 10-45075-220-05 1 $679 $679 3886 PRINCETON TRL 10-45075-030-05 1 $679 $679 3891 GIBRALTARTRL 10-45075-210-05 1 $679 $679 3892 PRINCETON TRL 10-45075-040-05 1 $679 $679 3897GMRALTARTRL 10-45075-200-05 1 $679 $679 3898 PRINCETON TRL 10-45075-050-05 1 $679 $679 3903 GIBRALTAR TRL 10-45075-190-05 1 $679 $679 3904 PRINCETON TRL 10-45075-060-05 1 $679 $679 3909 GIBRALTAR TRL 10-45075-180-05 1 $679 $679 3910 PRINCETON TRL 10-45075-070-05 1 $679 $679 3915 GIBRALTAR TRL 10-45075-170-05 1 $679 $679 3916 PRINCETON TRL 10-45075-080-05 1 $679 $679 3921 GIBRALTARTRL 10-45075-160-05 1 $679 $679 3922 PRINCETON TRL 10-45075-090-05 1 $679 $679 3927 GIBRALTAR TRL 10-45075-150-05 1 $679 $679 3928 PRINCETON TRL 10-45075-100-05 1 $679 $679 3933 GIBRALTAR TRL 10-45075-140-05 1 $679 $679 3934 PRINCETON TRL 10-45075-110-05 1 $679 $679 3940 PRINCETON TRL 10-45075-120-05 1 $679 $679 Subtotal 24 $16,300 Lenin on Square 1st Addition Block 6 3876 GIBRALTAR TRL 10-45075-010-06 1 $679 $679 3882 GIBRALTAR TRL 10-45075-020-06 1 $679 $679 3888 GIBRALTAR TRL 10-45075-030-06 1 $679 $679 Subtotal 3 $2,040 Lexington Square 1st Addition Block 7 3906 GIBRALTAR TRL 10-45075-010-07 1 $679 $679 3912 GIBRALTAR TRL 10-45075-020-07 1 $679 $679 3918 GIBRALTAR TRL 10-45075-030-07 1 $679 $679 3924 GIBRALTAR TRL 10-45075-040-07 1 $679 $679 Subtotal 4 $2,720 Lexington Square 1st Addition Block 8 1025 TICONDEROGA TRL 10-45075-050-08 1 $679 $679 1033 TICONDEROGA TRL 1045075-040-08 1 $679 $679 1041 TICONDEROGA TRL 1045075-030-08 1 $679 $679 1049 TICONDEROGA TRL 1045075-020-08 1 $679 $679 1057 TICONDEROGA TRL 1045075-010-08 1 $679 $679 Subtotal 5 $3,400 m Lexingtou Square 2nd Addition Block 1 1007 BOSTON HILL RD 1045076-170-01 1 $679 $679 1011 BOSTON HILL RD 1045076-160-01 1 $679 $679 1015 BOSTON HILL RD 10-45076-150-01 1 $679 $679 .1019 BOSTON HILL RD 10-45076-140-01 1 $679 $679 1023 BOSTON HILL RD 1045076-130-01 1 $679 $679 3919 BOSTON CT 10-45076-100-01 1 $679 $679 3920 BOSTON CT 1045076-110-01 1 $679 $679 3921 BOSTON CIR 1045076-030-01 1 $679 $679 3922 BOSTON CIR 1045076-040-01 1 $679 $679 3923 BOSTON CT 1045076-090-01 1 $679 $679 3924 BOSTON CT 1045076-120-01 1 $679 $679 3925 BOSTON CIR 10-45076-020-01 1 $679 $679 3926 BOSTON CIR 1045076-050-01 1 $679 $679 3927 BOSTON CT 1045076-080-01 1 3679 $679 3929 BOSTON CIR 10-45076-010-01 1 $679 $679 3930 BOSTON CIR 1045076-060-01 1 $679 $679 3934 BOSTON CIR 10-45076-070-01 1 $679 $679 Subtotal 17 $11540 Lexington Square 2nd Addition Block 2 1006 BOSTON HILL RD 1045076-150-02 1 $679 $679 1010 BOSTON HILI. RD 10-45076-140-02 1 $679 $679 1014 BOSTON HILL RD 10-45076-130-02 1 $679 $679 1018 BOSTON HILL RD 10-45076420-02 1 $679 $679 1022 BOSTON HIL RD 1045076-110-02 1 $679 $679 1026 BOSTON HILL RD 10-45076-100-02 1 $679 $679 1030 BOSTON HILL RD 1045076-090-02 1 $679 $679 1034 BOSTON HILL RD 1045076-080-02 1 $679 $679 1038 BOSTON HILL RD 1045076-070-02 1 $679 $679 1042 BOSTON HILL RD. 10-45076-060-02 1 $679 $679 1046 BOSTON HILL RD 1045076-050-02 1 $679 $679 1050 BOSTON HILL RD 10-45076-040-02 1 $679 $679 1054 BOSTON HILL RD 10-45076-030-02 1 $679 $679 1058 BOSTON HILL RD 1045076-020-02 1 $679 $679 1062 BOSTON HILL RD 1045076-010-02 1 $679 $679 Subtotal 15 $10,190 Lexington Square 3rd Addition Block 1 1026 SAVANNAH RD 1045077-090-01 1 $679 $679 1030 SAVANNAH RD 10-45077-080-01 1 $679 $679 1034 SAVANNAH RD 10-45077-070-01 1 $879 $679 1038 SAVANNAH RD 10-45077-060-01 1 $679 $679 1042 SAVANNAH RD 10-45077-050-01 1 $679 $679 1046 SAVANNAH RD 10-45077-040-01 1 $679 $679 1050 SAVANNAH RD 10-45077-030-01 1 $679 $679 1054 SAVANNAH RD 1045077-020-01 1 $679 $679 1058 SAVANNAH RD 10-45077-010-01 1 $679 $679 Subtotal 9 $6110 Lexington Square 3rd Addition Block 2 1019 SAVANNAH RD 1045077-120-02 1 $679 $679 1023 SAVANNAH RD 10-45077-110-02 1 $679 $679 1024 KETTLE CREEK RD 10-45077-140-02 1 $679 $679 1027 SAVANNAH RD 1045077-100-02 1 $679 $679 .1031 SAVANNAH RD 10-45077-090-02 1 $679 $679 1035 SAVANNAH RD 1045077-080-02 1 $679 $679 1039 SAVANNAH RD 1045077-070-02 1 $679 $679 1043 SAVANNAH RD 1045077-060-02 1 $679 $679 1047 SAVANNAH RD 1045077-050-02 1 $679 $679 1051 SAVANNAH RD 1045077-040-02 1 $679 $679 1055 SAVANNAH RD 10-45077-030-02 1 $679 $679 1059 SAVANNAH RD 1045077-020-02 1 $679 $679 3869 DANBURY TRL 1045077-130-02 1 $679 $679 3870 GIBRALTAR TRL 10-45077-010-02 1 $679 $679 Subtotal 14 $9 10 Lexington Square 3rd Addition Block 3 1003 SAVANNAH RD 10-45077-030-03 1 $679 $679 1007 SAVANNAH RD 1045077-020-03 1 $679 $679 3874 DANBURY TRL 1045077-010-03 1 $679 $679 987 SAVANNAH RD 1045077-070-03 1 $679 $679 991 SAVANNAH RD 1045077-060-03 1 $679 $679 995 SAVANNAH RD 1045077-050-03 1 $679 $679 999 SAVANNAH RD 10-45077-040-03 1 $679 $679 Subtotal 7 $4,750 Lexington Square 3rd Addition Block 4 3874 NEWTOWN CT 1045077-100-04 1 $679 $679 3878 NEWTOWN CT 10-45077-090-04 1 $679 $679 3880 DANBURY TRL 10-45077-010-04 1 $679 $679 3882 NEWTOWN CT 1045077-080-04 1 $679 $679 3883 NEWTOWN CT 10-45077-020-04 1 $679 $679 3886 NEWTOWN CT 10-45077-070-04 1 $679 $679 3887 NEWTOWN CT 10-45077-030-04 1 $679 $679 3890 NEWTOWN CT 10-45077-060-04 1 $679 $679 3891 NEWTOWN CT 10-45077-040-04 1 $679 $679 3895 NEWTOWN CT 1045077-050-04 1 $679 $679 984 SAVANNAH RD 1045077-120-04 1 $679 $679 988 SAVANNAH RD 10-45077-110-04 1 $679 $679 Subtotal 12 $8,150 Lexington Square 4th Addition Block 1 959 SAVANNAH RD 10-45078-070-01 1 $679 $679 963 SAVANNAH RD 10-45078-060-01 1 $679 $679 967 SAVANNAH RD 1045078-050-01 1 $679 $679 971 SAVANNAH DR 1045078-040-01 1 $679 $679 975 SAVANNAH RD 1045078-030-01 1 $679 $679 979 SAVANNAH RD 1045078-020-01 1 $679 $679 983 SAVANNAH RD 10-45078-010-01 1 $679 $679 Subtotal 7 $4,750 Lexington Square 4th Addition Block 2 935 SAVANNAH RD 1045078-050-02 1 $679 $679 939 SAVANNAH RD 1045078-040-02 1 $679 $679 943 SAVANNAH RD 1045078-030-02 1 $679 $679 947 SAVANNAH RD 10-45078-020-02 1 $679 $679 951 SAVANNAH RD 1045078-010-02 1 $679 $679 Subtotal 5 $3,400 Lexington Square 4th Addition Block 3 1003 BOSTON HILL RD 1045078-190-03 1 $679 $679 948 SAVANNAH RD 10-45078-090-03 1 $679 $679 952 SAVANNAH RD 1045078-080-03 1 $679 $679 956 SAVANNAH RD 10-45078-070-03 1 $679 $679 960 SAVANNAH RD 10-45078-060-03 1 $679 $679 961 TICONDEROGA TRL 1045078-100-03 1 $679 $679 964 SAVANNAH RD 10-45078-050-03 1 $679 $679 965 TICONDEROGA TRL 1045078-110-03 1 $679 $679 968 SAVANNAH RD 1045078-040-03 1 $679 $679 969 TICONDEROGA TRL 1 1045078-120-03 1 $679 $679 972 SAVANNAH RD 10-45078-030-03 1 $679 $679 973 TICONDEROGA TRL 1045078-130-03 1 $679 $679 976 SAVANNAH RD 10-45078-020-03 1 $679 $679 980 SAVANNAH RD 1045078-010-03 1 $679 $679 983 BOSTON HILL RD 10-45078-140-03 1 $679 $679 987 BOSTON HILL RD 1045078-150-03 1 $679 $679 991 BOSTON HILL RD. 1045078-160-03 1 $679 $679 995 BOSTON HILL RD 10-45078-170-03 1 $679 $679 999 BOSTON HILL RD 10-45078-180-03 1 $679 $679 Subtotal 19 $12,900 Lexington Square 4th Addition Block 4 954 TICONDEROGA TRL 1045078-060-04 1 $679 $679 958 TICONDEROGA TRL 10-45078-050-04 1 $679 $679 962 TICONDEROGA TRL 10-45078-040-04 1 $679 $679 966 TICONDEROGA TRL 10-45078-030-04 1 $679 $679 970 TICONDEROGA TRL 10-45078-020-04 1 $679 $679 974 TICONDEROGA TRL 10-45078-010-04 1 $679 $679 Subtotal 6 $4,070 Lexie on Square 4th Addition Block 5 1000 BOSTON HILL RD 10-45078-010-05 1 $679 $679 990 BOSTON HILL RD 1045078-020-05 1 $679 $679 Subtotal 2 $1,360 Lexington Square 5th Addition Block 1 3811 DANBURY TRL 10-45079-010-01 1 $679 $679 3819 DANBURY TRL 10-45079-020-01 1 $679 $679 3827 DANBURY TRL 1045079-030-01 1 $679 $679 3835 DANBURY TRL 1045079-040-01 1 $679 $679 3843 DANBURY TRL 1045079-050-01 1 $679 $679 3851 DANBURY TRL 1045079-060-01 1 $679 $679 3859 DANBURY TRL 1045079-070-01 1 $679 $679 Subtotal 7 $4,750 Block 2 1009 DANBURY CT . 1045079-030-02 1 $679 $679 3830 DANBURY TRL 1045079-010-02 1 $679 $679 3838 DANBURY TRL. 10-45079-020-02 1 $679 $679 Subtotal 3 $2,040 Lexington Square 6th Addition Block 2 1002 TICONDEROGA TRL 10-45080-260-02 1 $679 $679 /90 1006 TICONDEROGA TRL 10-45080-270-02 1 $679 $679 1008 TICONDEROGA TRL 10-45080-280-02 1 $679 $679 1010 TICONDEROGA TRL 1045080-290-02 1 $679 $679 1012 TICONDEROGA TRL 1045080-300-02 1 $679 $679 1014 TICONDEROGA TRL 1045080-310-02 1 $679 $679 1016 TICONDEROGA.TRL 1045080-320-02 1 $679 $679 978 TICONDEROGA TRL 10-45080-200-02 1 $679 $679 982 TICONDEROGA TRL 1045080-210-02 1 $679 $679 986 TICONDEROGA ML 10-45080-220-02 1 $679 $679 990 TICONDEROGA TRI, 1045080-230-02 1 $679 $679 994 TICONDEROGA TRL 10-45080-240-02 1 $679 $679 998 TICONDEROGA TRL 10-45080-250-02 1 $679 $679 Subtotal 13 $8,830 Lexington Square 6th Addition Block 3 923 SAVANNAH RD 1045080-030-03 1 $679 $679 927 SAVANNAH RD 10-45080-020-03 1 $679 $679 931 SAVANNAH RD 1045080-010-03 1 $679 $679 Subtotal 3 $2,040 Lexington Square 6th Addition Block 4 1001 TICONDEROGA TRL 1045080-070-04 1 $679 $679 1005 TICONDEROGA TRL 10-45080-060-04 1 $679 $679 1009 TICONDEROGA TRL 10-45080-050-04 1 $679 $679 1013 TICONDEROGA TRL 10-45080-040-04 1 $679 $679 1015 TICONDEROGA TRL 10-45080-030-04 1 $679 $679 .1017 TICONDEROGA TRL 10-45080-020-04 1 $679 $679 1019 TICONDEROGA TRL 1045080-010-04 1 $679 $679 977 TICONDEROGA TRL 1045080-130-04 1 $679 $679 981 TICONDEROGA TRL 10-45080-120-04 1 $679 $679 985 TICONDEROGA TRL 10-45080-110-04 1 $679 $679 989 TICONDEROGA TRL 10-45080-100-04 1 $679 $679 993 TICONDEROGA TRL 1045080-090-04 1 $679 $679 997 TICONDEROGA TRL 10-45080-080-04 1 $679 $679 Subtotal 13 $8,830 Lexington Square 7th Addition Block 1 951 KETTLE CREEK RD 10-45081-012-01 1 $679 $679 955 KETTLE CREEK RD 1045081-020-01 1 $679 $679 959 KETTLE CREEK RD . 10-45081-030-01 1 $679 $679 963 KETTLE CREEK RD 10-45081-040-01 1 $679 $679 /�/ 966 STANWIX RD 1045081-070-01 1 . $679 $679 967 KETTLE CREEK RD 1045081-050-01 1 $679 $679 971 KETTLE CREEK RD 10-45081-060-01 1 $679 $679 Subtotal 7 ' $4,750 Lexington Square 7th Addition Block 2 1000 KETTLE CREEK RD 10-45081-100-02 1 $679 $679 1004 KETTLE CREEK RD 10-45081-110-02 1 $679 $679 1008 KETTLE CREEK RD 1045081-120-02 1 $679 $679 1012 KETTLE CREEK RD 1045081-130-02 1 $679 $679 964 KETTLE CREEK RD 10-45081-010-02 1 $679 $679 968 KETTLE CREEK RD 10-45081-020-02 1 $679 $679 972 KETTLE CREEK RD 10-45081-030-02 1 $679 $679 976 KETTLE CREEK RD 10-45081-040-02 1 $679 $679 980 KETTLE CREEK RD 10-45081-050-02 1 $679 $679 984 KETTLE CREEK RD 10-45081-060-02 1 $679 $679 988 KETTLE CREEK RD 10-45081-070-02 1 $679 $679 992 KETTLE CREEK RD 1045081-080-02 1 $679 $679 996 KETTLE CREEK RD 10-45081-090-02 1 $679 $679 Subtotal 13 $8,830 Lexington Square 7th Addition Block 3 1001 DANBURY CT 10-45081-110-03 1 $679. $679 1002 DANBURY CT 10-45081-150-03 1 $679 $679 1003 KETTLE CREEK RD 10-45081-200-03 1 $679 $679 1005 DANBURY CT 1045081-100-03 1 $679 $679 1006 DANBURY CT 1045081-160-03' 1 $679 $679 1007 KETTLE CREEK RD 10-45081-190-03 1 $679 $679 1010 DANBURY CT 10-45081-170-03 1 $679 $679 3858 DANBURY TRL 10-45081-180-03 1 $679 $679 953 STANWDC RD 10-45081-300-03 1. $6'19 $679 957 STANWDC RD 1045081-290-03 1 $679 $679 961 STANWIXRD 10-45081-280-03 1 $679 $679 964 STONY POINT RD 10-45081-010-03 1 $679 $679 965 STANWIX RD 1045081.270=03 1 $679 $679 968 STONY POINT RD 10-45081-020-03 1 $679 $679 972 STONY POINT RD 1045081-030-03 1 $679 $679 976 STONY POINT RD 1045081-040-03 1 $679 $679 979 KETTLE CREEK RD 1045081-260-03 1 $679 $679 980 STONY POINT RD 10-45081-050-03 1 $679 $679 983 KETTLE CREEK RD 1045081-250-03 1 $679 $679 /9� 984 STONY POINT RD 10-45081-060'-03 1 $679 $679 987 KETTLE CREEK RD. 10-45081-240=03 1 $679 $679 988 STONY POINT RD 10-45081-070-03 1 $679 $679 991 KETTLE CREEK RD '10-45081-230-03 1 $679 $679 992 STONY POINT RD 1045081-080-03 1 $679 $679 994 DANBURY CT 10-45081-130-03 1 $679 $679 995 KETTLE CREEK RD 10-45081-220-03 1 $679 $679 996 STONY POINT RD 10-45081-090-03 1 $679 $679 997 DANBURY CT 10-45081-120-03 1 $679 $679 998 DANBURY CT 10-45081-140-03 1 $679 $679 999 KETTLE CREEK RD 10-45081-210-03 1 $679 $679 Subtotal 30 $20,370 Lexington Square 7th Addition Block 4 1003 STONY POINT RD 10-45081-090-04 1 $679 $679 971 STONY POINT RD 10-45081-010-04 1 $679 $679 975 STONY POINT RD 10-45081-020-04 1 $679 $679 979 STONY POINT RD 10-45081-030-04 1 $679 $679 983 STONY POINT RD 10-45081-040-04 1 $679 $679 987 STONY POINT RD 10 45081-050-04 1 $679 $679 991 STONY POINT RD 10-45081-060-04 1 $679 $679 995 STONY POINT RD 1045081-070-04 1 $679 $679 999 STONY POINT RD 10-45081-080-04 1 $679 $679 Subtotal 9 $6110 Danbury Place Block 1 3889 DANBURY TRL 10-19700-080-01 1 $679 $679 3893 DANBURY TRL 10-19700-070-01 1 $679 $679 3897 DANBURY TRL 10-19700-060-01 1 $679 $679 3901 DANBURY TRL 10-19700-050-01 1 $679 $679 3905 DANBURY TRL 10-19700-040-01 1 $679 $679 3909 DANBURY TRI, 10-19700-030-01 1 $679 $679 3913 DANBURY TRL 10-19700-020-01 1 $679 $679 3917 DANBURY TRL 10-19700-010-01 1 $679 $679 Subtotal 8 $5,430 Danbury Place Block 2 3884 DANBURY TRL 10-19700-100-02 1 $679 $679. 3888 DANBURY TRL 10-19700-090-02 1 $679 $679 3892 DANBURY TRL 10-19700-080-02 1 $679 $679 3896 DANBURY TRL 10-19700-070-02 1 $679 $679 /93 3900 DANBURY TRL 10-19700-060-02 1 $679 $679 3904 DANBURY TRL. 10-19700-050-02 1 $679 $679 3908 DANBURY TRL 10-19700-040-02 1 $679 $679 3912 DANBURY TRL. 10-19700-030-02 1 $679 $679 3916 DANBURY TRL 10-19700-020-02 1 $679 $679 3920 DANBURY TRL 10-19700-010-02 1 $679 $679 Subtotal 10 $6,790 Gardenwood Ponds 6th Addition Block 1 962 STANWDC RD 10-28805-020-01 1 $679 $679 Subtotal 1 $679 Total Assessment $244,450 Property Totals 360 Sin le Famil /R4 @RfflmE Q `J / z m O Y Z / DEERWOOD DR Q O City of Hap Engineering Department OAK ROAD YANKEE DOODLE ROAD Proiect Location liw NORTHVIEW ROAD M DIFFLEY ROAD Neighborhood Street Revitalization Location Map.- Project 949 0 Fig. 1 EDGE MILLI (6'-8' wide) Typ. o l.L. J Alol KUJAlt OAJt Existing Typical Section 32' 11/2' WEAR COURSE BITUMINOUS BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section Y 10 REPLACE EX. CURB & GUTTER AS DIRECTED 0C XE A 10-16-06 City of �a�Il L in o e Additions Fig. 3 Engineering Department Typical Sections - Project 948 CITY PROJECT NO 949 INFORMATIONAL NEIGHBORHOOD MEETING LEXINGTON SQUARE -STREET REVITALIZATION WEDNESDAY, DECEMBER 13, 2006 6:30 P.M EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 4 residents representing 3 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments There is a sight distance issue at the corner of Danbury Trail and Kettle Creek Road. Can something be done about it? City staff is investigating and working with the property owner with the obstruction to remove the obstruction, if warranted. How is this project different from the construction back in 2001? The work completed in 2001 was to upgrade the storm sewer system, and was in a limited area in the neighborhood. This project involves the rehabilitation of the streets all through the neighborhood. What is the length of construction? It is generally about 1 to 1 1/2 months from start to completion in a neighborhood. How is the curb & gutter replacement determined? City staff walks the curb lines, preferably after a rainfall, to determine which portions of curb are to be replaced due to severe cracking or poor drainage. How is the condition of the street determined? Is this improvement also based on its age? City staff periodically rates the condition of each street. The ratings are based on the amount and severity of cracks, rutting, or detioration of the street. Age of the street also is considered in. the decision to propose overlay of a street. A resident expressed an interest in a rain garden in their yard on Princeton Trail. Staff will provide further information and put the resident in contact with Dakota County Soil & Water Conservation District (SWCD) staff to discuss possible rain garden grants for interested homeowners. The meeting adjourned at 7:00 p.m. G:Proj-c0nM9IMinuxe - Isz Squ (Y9 NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 17 18. 19. NEIGHBORHOOD MEETING Lexington Square Project No. 949 Wednesday, December 13, 2006 6:30 p.m. Cv S' ( V 5:5- 3 c7 ff ADDRESS 9 s� Y g �' y y �-3 (3 .392 � ./3os�•--- �-><. 20. /'� _ G:FORMS/SIGN4N.Sheet ' 0 D Agenda Information Memo December 19, 2006 Eagan City Council Meeting A. 2007 Fee Schedule ACTION TO BE CONSIDERED: To adopt a resolution approving the 2007 Fee Schedule establishing fees for various City services, supplies and materials. FACTS: • Changes implemented by the Council in 2004 placed most fees at or near the median of comparable cities. • For 2007, many fees are proposed to be adjusted upward for inflation and/or other reasons. It is anticipated the revisions will continue to place Eagan's fees generally at or near the median of comparable cities. ATTACHMENTS: A summary of notable changes for 2007 is attached on page ipw . A copy of the exist1 2006 Fee Schedule marked up with proposed changes for 2007 is attached on pages through3 A copy of the resolution adopting the 2007 Fee Schedule is attached on page guv- 2007 Fee Schedule Summary of Notable Proposed. Changes December 19, 2006 Page 2 Dangerous dog registration switches from $25 every two years to $100 for the lifetime of the dog. Dog license late fee of $2.00 is added. Pages 5, 6 TIF, industrial revenue bond, and multifamily housing bond application fees are reduced from $5,000 to $1,000. Related escrows are Increased from $2,500 to $10,000. Staff time and out- of-pocket costs are charged against the escrows. Changes are in accordance with the draft Business Assistance Policy on this meeting's consent agenda. Page 7 Residential parkland and water quality dedication fee changes reflect inflationary increases approved by the APrC. Per recommendation of the APrC, the methodology for calculating commercialAndustrial property dedication fees is changed. Formerly, the calculation was based on acreage only;. now, the calculation will be based on square footage and projected employee occupancy of the building. Pages 8, 10 Building permit fees are now based on LMC/AMM fee schedule recommendations. A growing number of cities now use this standard Instead of the UBC schedule. Also proposed is a plan review charge on all projects where review is required, not just on projects greater than $10,000 in valuation. The permit cost for certain common Improvements (e.g., basement remodeling, decks, fireplaces) Increases from $69.00 to $89.50 and more accurately reflects the City s costs; a $40 plan check fee is proposed where plan review by staff is necessary. Page 10 Sign permit investigation fee is instituted for those cases where signs are erected prior to obtaining the appropriate permit. The fee is double the normal sign permit fee. Pages 12,16 Utilities connection/availabllity charges and street assessment rates are increased by the Engineering News Review Index, per standard practice. Page 13 Water utilities usage rate increases 4% from $1.20 to $1.25 per 1,000 gallons, primarily due to higher electricity and natural gas costs related to water production. Sanitary sewer rate increases 5% from $2.00 to $2.10, primarily due a requirement by the Metropolitan Council - Environmental Services to expend money on Inflow/infiltration mitigation. A typical family of four (approx. 20,000 gallons/quarter) would see a combined increase of $3.00/quarter, or $1.00/ month. For commercial properties with metered lawnfirrigation usage, a summer surcharge Imposed by the DNR will cause their rates to go up an additional $.02/1,000 gallons. Page 15 Water meter rates reflect the City's cost. Pages 17-21 Parks & Recreation charges are Increased per new policy objectives and/or APrC recommendations. Page 22 Police contractual security rates are increased 4.6%. Page 25 Hourly staff rates are Increased by $5.00. Rates have not been increased since adoption of the 2005 Fee Schedule. Proposed rates are generally in line with inflation over the two-year period. Page 26 Legal fees are up 3%. Page 27 Antenna lease annual rentals are Increased 6% per existing contract provisions. Reimbursement of up -front costs for antenna lease plan review, document preparation; legal review, etc., is captured in the proposed application fee revisions. ao0)- City. of Ea an F@@ It @dm t Approved by the City Council at its December;,'-2004 eeting. Fees are effective January 1, 200f"15�m c;)0,3 Table of Contents Page Licenses and Permits Alcohol........................................................................................................................ 1 Other......................................................................................................................... 2 Tobacco and Liquor License Violations.................................................................... 3 DevelopmentReview............................................................................................................. 4 Construction -related Permits..................................................................................................5 EscrowDeposits.................................................................................................................... 6 Other Development -related Charges Park, Trail, Water Quality Dedication........................................................................ 7 Tree Mitigation/Replacement.................................................................................... 7 Inspections Fees/Permits BuildingPermits........................................................................................................8 MechanicalPermits........................................................................................:.......... 9 PlumbingPermits........................:......................................................:......................9 FireworksPermits..................................................................................................... 9 OtherInspections .............. :..................................................................................... 10 StateSurcharge...................................................................................................... 11 Utilities Fees/Charges Connection/Availability Charges............................................................................. 12 UserRates.............................................................................................................. 13 Other Utilities Fees..................................................................................................14 WaterMeters................................................................:.......................................... 15 Street and Trail Special Assessment Rates.........................................................................16 Other Assessment -related Charges ......... :........................................................................... 16 Parks and Recreation Charges............................................................................................ 17 CommunityCenter Fees...................................................................................................... 20 Police Department Charges................................................................................................. 22 Fire Department Charges..................................................................................................... 23 Fire Department Training Room Rental............................................................................... 24 Equipmentand Staff Rates..:............................................................................................... 25 City Attorney & Other Consultant Rates.............................................................................. 26 Miscellaneous Fees/Charges; .............................................................................................. 27 Summary of Connection Charges........................................................................................ 29 ao� 200' FEE SCHEDULE ALCOHOL LICENSES AND PERMITS Wine Application and investigation Fee Acct Code Beer 1,900.00 0401.4055 Application and investigation $ 500.00 (1) 1101.4239 Off -sale license 100.00 0401.4056 On -sale license 450.00 0401.4056 Temporary license 25.00 0401.4056 Liquor 600.00 " Application and investigation 500.00 (2) 1101.4239 Off -sale license 200.00 0401.4055 On -sale license " Annual sales < $275,000 5,300.00 " Sales $275,000-550,000 6,300.00 " Sales > $550,000 7,300.00 " Sunday license 200.00 " On -sale club license < 200 300.00 0401.4055 201-500 500.00 " 501-1,000 650.00 " 1,001-2,000 800.00 " 2,001-4,000 1,000.00. " 4,001-6,000 2,000.00 " > 6,000 3,000.00 " Temporary (up to 3 days) 150.00 " Wine Application and investigation 500.00 (1) 1101.4239 On -sale license 1,900.00 0401.4055 Sunday license 100.00 0401.4055 Daily consumption and display 25.00 0401.4055 Annual consumption and display 300.00 " Daily sports or convention 50.00 " Annual sports or convention 600.00 " Duplicate license 5.00 0401.4230 Change in managers 300.00 1101.4239 (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and investigation fee is $500.00. (Acct code 9001.2248) (2) Also requires additional fee of $200/person or entity beyond five having an Interest in the proposed licensed establishment. A $1,000 escrow for up to five applicants residing outside of the state is required, plus $200/person beyond five with an Interest. d:PD 200,61FEE SCHEDULE OTHER LICENSES AND PERMITS Adult establishments: Investigation Annual license Adult companionship/escort service provider: Investigation Annual license (one license included w/ adult establishment license) Amusement, mechanical 1-3 machines 4-9 machines 10-15 machines > 15 machines Contractors license - Plumbing OR Sewer and Water Unlicensed Dance hall - initial investigation Dance hall - annual permit Dance, public - single event Fee $ 300.00 Requires $1,000 escrow 5,000.00 300.00 Requires $1,000 escrow 850.00 25.00 per machine 200.00 total 350.00 total 500.00 total MN Dept of Health Bond 8 Ins. Cert. ($25,000), and MN Master Plumbers Cert. ABC, LECET, or MUCA Pipelayer Training Certification & MN Dept of Health Contractor Bond Certificate ($25,000) 300.00 300.00 50.00 Dangerous g registration (144nxl 04 C61)8eigirte Igistration, sign, and tagh (W.t OQ&.e6 R -Will (2188p) P5 00' Development -related permits Dog license (2 -year) [Licenses are also available at ,all Eagan veterinary clinics.] Duplicate dog tag Gambling - investigation Golf cart, motorized permit Golf driving range license Hunting, bow permit- resident Hunting, bow permit- non-resident Kennel permit - initial Kennel permit - renewal Massage therapy establishment - investigation Massage therapy establishment - license Massage therapist - investigation Massage therapist - license Me868@Q4h8FG06t a* Sate Oviuk8liO 14Q 6(,�Jt�j�, L4¢, �&' See pages 4 through 7. 18.00 2.00 250.00 25.00 50.00 10.00 25.00 100.00 50.00 Acct Code 1101.4239 0401.4067 1101.4239 0401.4067 0401.4062 1. 1101.4239 0401.4112 1101.4061 -1401-4961 1101.4061 1101.4061 1101.4239 0401.4114 0401.4070 1101.4120 1101.4212 1101.4212 300.00 1101.4239 300.00 includes 1 therapist license 0401.4064 100.00 1101.4239 25.00 0401.4064 -46.90 .g499-496d 2VV0 �� 7 200" OTHER LICENSES AND PERMITS (cont'd) Paintball facility - investigation Paintball facility - license Parade permit Pawn shop - investigation Pawn shop - license Pet shop license Pigeon Rubbish hauler -commercial, residential, recycling only, or construction/demolition debris Is' truck Each additional truck Shows (circus, carnival, etc.) Investigation License Stables license Tobacco sales license Tree contractor license TOBACCO LICENSE VIOLATIONS: Licensee: First violation at licensed premise Second violation within 24 months of first violation at licensed premise Third and subsequent violations within a 24 -month period at licensed premise Other individuals: LIQUOR LICENSE VIOLATIONS: Licensee: First violation at licensed premise Second violation within 24 months of first violation Third violation within 24 months of first violation Fourth and subsequent violations within 24 months of first violation FEE SCHEDULE Fee Acct Code $ 50.00 1101.4239 150.00 0401.4070 25.00 0401.4120 850.00 per owner 1101.4239 12,000.00 0401.4065 100.00 0401.4063 50.00 0401.4120 0401.4059 100.00 " 60.00 " 50.00 1101.4239 25.00 0401.4120 50.00 0401,4070 200.00 0401.4057 25.00 0401.4058 $ 75.00 1101.4233 200.00 " 250.00 " 50.00 " 500.00 1101.4241 1,000.00 " 1,500.00. plus seven (7) -day " suspension of license 2,000.00 plus thirty (30) -day " suspension of license a�� I 2006 FEE SCHEDULE DEVELOPMENT REVIEW For the charges below that require escrow deposits, refer to p.6 for the amount. Application Type Fee Escrow required? Acct Code Comprehensive Plan Amendment $ 500.00 Yes 0720.4207 Conditional Use Permit (CUP) * 350.00 Yes 0720.4095 Final Planned Development 350.00 Yes 0720.4206 Final Plat 250.00 Yes 0720.4206 Final Subdivision 250.00 Yes 0720.4206 plus 3.00/lot r1t . ni4dVt4 4 mtje-' UZ� -686 -Na -87284268-� L1 P • Interim Use Permit (IUP) * 250.00 Yes 0720.4095 Planned Development -annual review 100.00 No 0720.4223 Planned Development Amendment 250.00 Yes 0720.4207 . (separate from rezoning) Preliminary Planned Development 250.00 Yes 0720.4206 Preliminary Subdivision * 350.00 Yes 0720.4206 Rezoning * 350.00 Yes 0720.4207 Site plan review 150.00 No 0720.4223 Variance-residential 200.00 Yes 0720.4205 Variance -non-residential' 300.00 Yes " Waiver of subdivision - duplex lot splits * 50.00 No 0720.4206 Waiver of subdivision - single-family zoned * 300.00 Yes " Waiver of subdivision - other * 150.00 Yes " * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. =I- 1 200' FEE SCHEDULE DEVELOPMENT REVIEW (cont'd) Lot combination agreement Vacation proceedings Industrial revenue bond and multi- family housing bond pceees� Tax incrementte CONSTRUCTION -RELATED PERMITS Fee 200.00 400.00 plus out-of-pocket City costs on replacement easements and/or transfer of property if handled outside normal subdiv. process Il000 6+900.09 plus out-of-pocket City costs (Escrow required) tt 0oo Grading/excevation If preliminary platted: < 1 acre 1-5 acres 5+ acres If not preliminary platted: 0-5 acres each additional acre over 5 Renewal PFr�lr j RIGHT-OF-WAY (ROW)) MANAGEMENT FEES ROW registration fee ROW excavation permit Winter ROW excavation surcharge (Dec 1 – Mar 31) ROW excavation fee (new development) Obstruction permit . e fKAI IM PVW ,AW(bltt� 4099.99. plus out-of-pocket City costs (Escrow required.) 300.00 500.00 700.00 300.00 50.00 (800.00 maximum) 200.00 40.00 180.00 80.00 90.00 50.00 u0AW ?50,40 xl� etR+ ua 0� tici c c 2?rr af► Acct Code —e720 -42W 0720.4206 0720.4220 b% &I newt, ®jf. 9113.4211 9113.4224 xxxx.4229 2010.4094 2010.4102 warr'"►}, ' c4"40 Q 200j' FEE SCHEDULE ESCROW DEPOSITS The City requires the following escrow deposits. The amounts represent Initial deposits, not actual charges. Additional deposits may be required as City costs are incurred. -Initial Preliminary Subdivision application OR Preliminary Planned Development OR Waiver of Subdivision—other OR Comprehensive Plan Amendment Waiver of Subdivision – single family zoned Final Planned Development Planned Development Amendment' Final Plat Final Subdivision application – 1-3 lots Final Subdivision application – 4 or more lots Contract management < $150,000 estimated construction costs $150,001-$500,000 estimated construction costs > $500,000 estimated construction costs Conditional use permit (Not required if subdivision escrow has been collected as part of same application.) Interim use permit – when site plan is involved (Not required if subdivision escrow has been collected as part of same application.) Rezoning (Not required if subdivision escrow has been collected as part of same application.) Variance—residential Variance—non-residential Escrow Deposit %S,ODo a> $ 250.00 Acct Code 9tMk''*bVi1h1 A to 4NVIK speaeAww 9001.2245 2,500.00 resi n-fersingle-family 4IORC." 4,500.00 miter C/I and " townh o�m�es/tmu�lt�iples 1420seltr4 800.00 3,000.00 " 1,500.00 " 800.00 " 2,000.00 4,000.00 12% of costs 9% of costs 5% of costs 500.00 1,000.00 500.00 1,000.00 500-00 1,000.00 300.00 500.60 Industrial revenue bond processing * tOrO®D 2 500'06 Multi -family housing bond processing'' 10,0100 409-99 TIF processing* ' 4 1 1D,OGD Vie' * pending Council approval on January 3, 2006 5,000.00 minimum 15,000.00 minimum 30,000.00 minimum Residential Commercial Residential Commercial Residential Commercial 9001.2245. 9001.2245 9001.2245 9001.2245 9001.2245 9001.2245 9001.2245 200,eFEE SCHEDULE OTHER DEVELOPMENT -RELATED CHARGES a// Fee Acct Code Parkland dedication: Single-family 30308.00 $ 3,278:60 per unit 9328.4670 Duplex3�� SP 3,2Q6.00 per unit " Townhouse/Quad 3�,4 �•g 00 3,178.00 • per unit'' Apartments/Multiple 070.00 . per unit . ' Commercial (post -1/1/83) , �Pa►�, Dt(► 'Zt4 •f�r•Csr n�wGt rret aFre- " " Industrial (post -1/1/83) �• �• s �� Commercial/Industrial (pre -1/1/83) 2,fP1$Ao Trailway dedication: A�- Commercial/Industrial /Public Facility 5(t Pwrlrq fey . --�tacre- 9375.4671 Residential 2)Fppp 238.00 per unit 9375.4671 Water quality dedication: Water quality dedication fee is equal to, the sum of: (1) the cost of the area of a water quality treatment pond using the per -acre land values below; and (2) the cost of the volume of that pond using the excavation rate below. Dedication fees apply in lieu of or in addition to construction or use of an actual treatment pond. Per -acre land values: Single-family $5,4h4,00 81,404.y10 6501.4672 Duplex ` 80,1520 Townhome 115$.00 (a t 20Z 00 134,546.00 Schools & Churches L41 $13,00 19787.00 Commercial q�' 4.�('cC 1, Industrial �2'� 7 ,813.00 Excavation rate $ 7.50 per yard Tree mitigation/replacement: Refer to City Code section 11. 10, subd. 15.1 for calculation. Individual trees 120.00 per diameter inch 9001.2120 Woodland areas 1.20 per sq ft of woodland 9001.2120 a// 2006 FEE SCHEDULE INSPECTION FEES/PERMITS Building permits:6/(i 4 mIJ Cti � 1A thot Building permit fees are bas on the Permits are issued to specific lots. A change in address or lot after Issuance is subject to a $50.00 transfer fee. Permits vAM valualleasitseedhTole,000 are subject to a Plan Check charge. In addition, there is a State surcharge on all permits; the surcharge fee schedule is on page 11. The following connection and availability charges are also collected with the building permit fees: Fee Sewer availability charge (Met. Council Environmental Svcs — SAC chg), W75 $1,469:90 (These fees are for Sewer availability charge (City) 100.00 single-family dwelling Water supply and storage (City) 1,070 -1*4&.W permits; see pp.12 & 15 Water meter (5/8') J* — 430M for fees for other Treatment plant charge &69 099:86 construction types.) BiAdinaoerntt valuation < $500 30.00 '2'4—W 501-2,000 30.00 plus $100 valuation` > $500 2,001-25,000 '�7j Z5 4=5 plus 114- $1,000 valuation` > $2,000 25,001-50,000 #413.Op 39114 plus (1648 $1,000 valuation* >$25,000 50,001-100,000 (fig 1.1-Y 643is plus 7,9ye9pp/ $1,000 valuation* > $50,000 100,001-500,000 1, b 5o'.1 j 999.25 plus &W$1,000 valuation' > $100,000 500,001-1,000,000 3005303&15 plus M1,000 valuation' > $500,000 40 > 1,000,000 rj ,80'-6§,69"5 plus 34V $1,000 valuation*,> $1,000,000 Building permits for selected work at existing residences: ' • fireplace/fireplace stove, litrNo +h+w � blIOLM MBtk r nail salon, .11 qo o i+l c,�tdv3 s��k- W'' • Reroof; siding, windows (based on fixed valuation of $2,000 per work type and per unit for 1- and 2 -unit buildings): %ftv$*=valuation gO.VV 69. tgbiq" S� i4dO%1A�BIL $4,000 valuation IIS 14 97 5 at a $6,000 valuation or fraction thereof 44 A" Acct Code 9220.2275 9379.4681 6101.4680 6101.4509 6101.4685 0801.4085 0801.4085 13p,olp in•.ete�'ifiuks awt plica. rt �s<Q 7 200' FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Mechanical permits: The Inspections Dept must verify the classification of each multiple -residence dwelling to determine the appropriate permit type. Fee AcctCode . Residential (1-2 family, townhomes, condos) New construction JQA$ 910.e& per dwelling unit 0801.4088 Modification/alteration (i.e., fumace A/C,air exch) Sago 4H* (Permit not required for lower -level ductwork alterations.) Supplementary furnace 50.00 per dwelling unit Commerclal/Industrial/ artment buildings HVAC 1 % of contract price ($50.00 minimum) '0801.4088 Process piping systems 50.00 0801.4088 Underground tank Installation/removel 70.00 0801.4088 Plumbing permits: The Inspections Dept must verify the classification of each multiple -residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) New construction 90.00 per dwelling unit 0801.4087 Modifications that alter living area 50.00 tl Add/replaoe softener, water heater 15.00 Private sewage disposal system 100.00 (includes 40.00 County Permit Fee - 9001.2276 9001.2276 Additional, per as -built 10.00 0801.4087 Abandonment of private sewage disposal 50.00 0801.4093 System -demolition Abandonment - escrow 9001.2257 Turnaround 50.00 0801.4087 Reduced pressure zone (RPZ) backflow pieventer 30.00 Lawn irrigation system 30.00 Commercial/Industrial/Apartment buildinas All plumbing I% of contract price ($50.00 minimum) 0801.4087 PVB/RPZ - new/repair/rebuild/remove 50.00 ' per building 0801.4087 Fire Suppression Permits: I% of contract price ($50.00 minimum) 0801.4096 Fireworks Permits: Sales and Storage- outdoor 350.00 (Includes tent) Sales and Storage -all other 100.00 Pyrotechnic Special Effects Displays 100.00 a 93 2006 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Other Inspections fees: Electrical permits Plan check Demolition permit Day Care Moving permit -building Fee Issued by the State 65% of building permit fee 90 tv $ Jew - 50.00 01p3V 7490 plus cost of damage/ repairs. Escrow to be determined on case-by-case basis. Sign permit 2.50 per square foot Temporary sign permit (up to 10 days in a 60 -day period) 25.00 Wind energy, radio and TV tower permit Based on value as building permit fee schedule Underground storage tank Installationtremoval 70.00 Building permit investigation fee 50% of plan check fee (applies to approved permits abandoned by applicant) Building/Plumbing/Mechanical permit Investigation fee (applies when work commences prior to permit Issuance) Lot transfer or address change fee Replacement building permit field card Duplicate certificate of occupancy Certificate of occupancy research fee Commercial driveway construction in City ROW Commercial utility connection in City ROW Re -Inspection fee After-hours/weekend inspection fee Address change after building permit Issued Permit refunding fee State of MN contractor license verification Street name change application Svc+► Iu�in i + , l�l�es rl�,A wdrk �, Double the base fee 50.00 5.00 5.00 20.00 50.00 20.00 Escrow to be determined on case-by-case basis 50.00 per hr. -1 hr minimum 50.00 per hr. - 2 hr minimum 50.00 50.00 5.00 100.00 plus out-of-pocket Acct Code 0720.4222 0801.4093 1201.4216 0801.4093 0720.4089 0720.4089 0801.4092 0801.4088 0801.4085 permits; p.9 0720.4222 0801.4230 0801.4230 0801.4230 0801.4242 0801.4242 0201.4230 permits, pp.8,9 0201.4230 0201.4230 130.00 Dip** air PCron 4# fee I 200)9 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) State surcharge The State of Minnesota requires the following permit surcharges to be collected by the City and remitted to the State. Building Permits: Value -based permits < $1,000,000 valuation 1000,001-2,000,000 2,000,001-3,000,000 3,000,001-4,000,000 4,000,001-5,000,000 > 5,000,000 Fixed -fee permits Permit amount 1,000 or less Permit amount > 1,000 Fee .0005 x valuation 500 +.0004 x (valuation — 1,000,000) 900 +.0003 x (valuation — 2,000,000) 1,200 + .0002 x (valuation — 3,000,000) 1,400 + .0001 x (valuation — 4,000,000) 1,500 +.00005 x (valuation — 5,000,000) .50 Permit fee x .0005 Mechanical, Plumbing, and Fire Suppression permits: Permit amount $1,000 or less .50 Permit amount > 1,000 Permit fee x .0005 Acct Code 0801.4085 permits, p.9 200�FEE SCHEDULE UTILITIES FEES-CONNECTIONIAVAILABILITY CHARGES Trunk charges: Fee Acct Code Sanitary sewer oversize (for assessment purposes) " Unplatted and platted non-residential yr4PfDA0 $ 2,315. per acre 9379.4611 Platted residential (� iJjp pO 1,12 .00 per lot 9379.4611 Water main oversize Unplatted and platted non-residential 2,50o.00 2, 0.00 per acre 9378.4611 Platted residential (e%pp.aO 1 70.00 per lot 9378.4611 Storm sewer oversize Single-family. 10410 per sq ft 9377.4611 Multi -family ,11f.1 . 5 per sq ft " Non-residential , (fj?J 59 per sq ft " Lateral charges: Sanitary sewer 55.20 per centerline foot 9379.4611 Water main Single-family ".2055.0 per centerline foot 9378.4611 Multi -family and non-residential 7%407 .20 per centerline foot 9378.4611 Storm sewer (based on pipe at 15' depth) . 12" storm sewer IS" 1060.5 !.4 3D per centerline foot 9377.4611 " storm sewer 62. per centerline foot 18" storm sewer 6 .20 per centerline foot " 21" storm sewer 14"IO 2.15 per centerline foot " 24" storm sewer $,q `p 82.40 per centerline foot " Service Charges: Sanitary Sewer -4" service b91 qO 673. per service 9379.4533 Sanitary Sewer -8" stub (,5f9 AV 1,54 .00 per stub 9379.4533 Water -1" service 1.�.j pp 7 .00 per service 9378.4508 Water -6" stub y jtf,p 2, 1.00 per stub 9378.4508 Sanitary sewer availability (SAC): MCES portion -all property types i(jMj.pp 1, .00 per SAC unit' 9220.2275' City portion -all property types 100.00 per SAC unit' 9379.4681 Sanitary Sewer Trunk Connection Charge (SCC): 1-5 SAC l Jrbt7 units �� 1,435.9e per SAC unit' 9379.4611 6-10 SAC units "17" 36 .00 per SAC unit " 9379.4611 11+ SAC units 15p pe 1 Zr.00 per SAC unit' 9379.4611 Water supply and storage: Residential),Gp'�fOOD 1,04 0 per SAC unit' 6101.4680 Non-residential 3- l ,-� 3, 00 per acre " Treatment plant: All property types 60,00 63,W.60 per SAC unit " 6101.4685 " SAC units are determined by Metropolitan Council -Environmental Services (MCES). 016 12 200je FEE SCHEDULE UTILITIES FEES—USER RATES Sanitary sewer Residential and Commercial/Industrial (Usage is based on lower of winter quarter and current quarter water usage.) Administrative fee All usage (min 3,000 gal/qtr) Sewer -only (no water connection) Manual reading/billing fee- deduct meters Water Residential and Commercial/Industrial Administrative fee Storm water drainage All properties except R3 R3 properties (20% credit) Street/slanal liahtlna Neighborhood lights Single-family, twin homes (R1/R2) rTownhomes (R3) ult ple residential Non -continuous Continuous (per LF basis) Continuous (per acre basis) Individual lights 100 W HPS 150 WHPS 200 WHPS 250 WHPS Community and signal lights R1/R2 R3 R4 Non-residential tom,,t�Otk _ ,a .oz oma►- (Poo W541L lLY► Fee Acct Code $ 1.15 per bill 6201.4530 *y:10 -200 per 1,000 gallons " sem, (s 41.15 per quarter " 10.00 per meter, per read " a/7 1.21 r i,WVa 4.75 per bill 6101.4505 1 •Z� -9-28– per 1,000 gallons " 5.00 per day " ��- per REF/qtr 6401.4540 b•I1 3 / per REF/qtr 6401.4540 4 7n 4.58 per qtr/lot 6301.4550 3.6 per qtr/unit " 3 per qtr/account .42 per qtr/acre t rp 116 per qtr/LF Ip,b 0.35 per qtr/acre " 32.5 per Iighttgtr " 47 0 per IighUgtr " 4 .55 per light/qtr " 5�11'L .01 per light/qtr " 1.75 per unit/qtr " 1.40 per unit/qtr " 1.03 per unit/qtr " 7.02 per unit/qtr " a/7 1.21 r i,WVa 2001' FEE SCHEDULE UTILITIES FEES -OTHER Water shut-off Water meter removal/replacement/resealing , Utility bill late charge Certification fee on delinquent utility bills Sewer permit -new or repair of existing Water permit -new or repair of existing Temporary construction hydrant meters (6 mo max) Permit fee Hydrant damage deposit 5/8" meter damage deposit 3" meter damage deposit 3" backflow preventer & cart damage deposit Trip fee (if required) 3/A" backflow preventer deposit Scheduled after-hours work Call out -2.5 hour minimum Extended day Meter testing (charged only if meter tests correct) 5/8" through 1" 1 114" through 2" All other sizes Water turn -on before all work satisfactorily completed (Fee includes refundable deposit of 170.00) Private hydrants Maintenance/flushing Repair Utilities customer list Mailing labels Electronic transmission, weekly new customer list Fee Acct Code $ 55.00 (lam -4pm) 6101.4512 55.00 (7am -4 pm) 6101.4512 1.5% per month on 6101.4506 unpaid balance 25.00 per parcel xxxx.4612 S,0SO 50.Ot5 6201.4532 fv'5'D 0.00 6101.4507 40.00 per month, 3 -month 6101.4521 200.00 deposit required 9220.2254 245.00 9220.2254 1,800.00 " 55.00 0801.4242 s�,pp 3SAg- 9220.2254 OT labor rate plus 15% admin fee to max admin of 60.00 OT labor rate plus 15% admin fee 110.00 6101.4242 130.00 6101.4242 Contract cost plus 15% 225.00 55.00 Time!and material plus 15% C:�` 14 125.00 50.00 per year 170.00 9220.2253 55.00 6101.4228 6101.4242 6101.4242 0501.4230 0501.4230 I 200,' FEE SCHEDULE UTILITIES FEES—WATER METERS Fee Acct Code Water meters (includes copperhorn/strainer, remote wire, and touch -pad meter) 5/8" x Y4" meter 126.00 00 $/6,43.00 6101.4509 Y4" meter 114 -AD 00 " 1" meter 219,E 00 " 1 %z" meter 5F3.1.00 00 " 2" compound meter �0 14 � 0 " 3" compound meter jj".C& " 4" compound meter 3,4S&4P 0 " 6" compound meter &. &o? VD .001 %" turbo meter ,oC 002" turbo meter (,C "3 00 003" turbo meter [I+I t.co 004" turbo meter 006" turbo meter ��,00 ODID. 00 00 " Replacement remote wire (over 50') .12 per foot " Replacement outside touch -pad meter 17.00 " #2 copperhorns only Meter strainers only 2" strainer (oleo 294. " 3" strainer 60; J00 38.00 " 4" strainer gqq 16V 5 .00 " 6" strainer. ?foxo 5.00 " Radio meter read sending unitl",PC 141. 6101.4509 Dual port expander toe AQP .00 6101.4509 C2 / 15 200 FEE SCHEDULE STREET ASSESSMENTS Residential -32' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer Multiple and Institutional -44' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer'_ Commercial/Industrial-52' Wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer TRAIL ASSESSMENTS Concrete -6' wide (includes $4.15/FF sod/grading) Bituminous -10' wide (includes $4.15/FF sod/grading) OTHER ASSESSMENT -RELATED CHARGES Reallocation of special assessments Assessment search Pending assessment report Final assessment report Copies of legal description, owners, etc. ' if less than 100 pages 00�6 16 150.00 0501.4225 10.00 0501.4225 .25 per page ` " .25 per page " .25 per page' 0201.4230 Fee Acct Code $ 45.0 per FF xxxx.4611 / 4612 IS 6. per FF " �fkao 6 .50 per FF " 9� qp .30 per FF " 76 40 74.7 per FF " 124,10 120. 0 per FF " (p1,[#p. 10 .75 per FF " (SS'jtr 1 1.60 per FF " L04017 101.3per FF " (ml�(I 156 0 per FF " (d AAP 13 .70 per FF " ,99,E 1 .50 per FF " 5p 33: per FF xxxx.4611 / 4612 Z.J yn 60 per FF 11 00�6 16 150.00 0501.4225 10.00 0501.4225 .25 per page ` " .25 per page " .25 per page' 0201.4230 200FEE SCHEDULE PARKS AND RECREATION CHARGES Residents Non-residents Acct Code A# facility rental fees and charges are subject to 6.5% State sales tax. The following facility rental fees require a $150.00 damage deposit (exception: see note at bottom), payable at the time of reservation: Trapp Farm, Thomas Lake, and Blackhawk Park pavilions: All day rental (10am-10 pm) ft.400$ 128 0 LIFAV$ 17r xxxx.4625/4626 Half-day rental (10am-4pm, or 5-10pm) Qp�oO 8 .00 (28 po 12Blackhawk kitchen Ajog. 00 P.06 4 " Enclosed park shelter buildings: All day rental (10am-10 pm) 128 0 �i.uD 176/b0 " Half-day rental (10am-4pm, or 5-10pm) go,cv , 8 .00 12,--47 12 .00 " Athletic facilities/shelters: Fields—youth tournament (per field per day) SO.o!! r8. IVPAO 96.0 xxxx.4624/4627 Fields—all other users (per field, per day) J'3� (?roo 140 0 " Lights, if required (per field per hour) qg AV �,bv 10.00Building cleaning (per day) "AW 1110 5.00 xxxx.4625/4626 Eagan Room—City Hall (NOTE: after-hours rental is 2 -hour minimum): Youth group" am to 4:30 pm deposit only� N/ Youth groups—after hours (per hr) (("Sp 4"0- «_ D Local civic groups -8 am to 4:30 pm deposit only /A Local civic groups—after hours (per hr) �� .29.99 N/A Other citizen groups Per hour rental No* 2 0 W.60 50 0 3154.4325 Maximum one -day rental Z�Ip�pD 2 .00 y Qi2 2 0 " For-profit organizations / Per hour rental 72 -AV 66 -99W 3154.4324 � Maximum one -day rental .v 4 004d=w Note: School organizations that have a joint powers agreement with the City may use the City's park shelters and pavilions free of charge. However the organization must pay a $300.00 damage deposit per pavilion, per event, per school. AAAA- lie ue Prv, 4f� G 53,00 aQ 17 53,00 200 FEE The following charges are subject to 6.5% State sales tax., Sun shelters (per day) Picnic kit (requires $50.00 damage deposit) 3 Items Each additional item Chuckwagon grill (per day) Canopy (per day) Extra picnic tables, each 6 ng reservations for groups of 20-80, (1.5 hour rental) Trapp Farm Park only Field/facility maintenance fees: Traveling youth teams (per team) Adult—up to 9 games (per team) Adult—each additional game > 9 Civic Arena rental Indoor turf Tennis courts (per court per hour) Residents gs�,0o $ 4"0- fi59- 4Gad a-�o C44VA, 2401f,01 E, t-vdJO9r3i Wt Tc olt r GSI(' tet ULE Non-residents 411,0'0 $ 64.00 (I -SD 11. &AV .55 4�7.Oa 4310 67� 6To 'u} ADO 70. 0 4,rj 917 -CO 1 .00 ?i$ PO 2 ,2. 11 Z-73, *W '3M / person 6'W 4-66- / person Acct Code xxxx.4625/4626 3074.4318 109,00 96.00��j N/A xxxx.4624/4625 ZA%00230.00 4*.Q7460.00 " J¢lf7 32.00 R96&ft 91,00 54.00 P=MWe " per hr. 119-,007 .00 per hr. 4PQ -3-W M SVD M15-0 10"W 5XVIL VV K& � b aRc VWw 4 �0 pWfP.4t st t .�, ( , t f yto,c�o WO, e�5 6r )�, �� asap-- -Wro *ROM per hr. 715 r7 70.OQ per hr. S,00-4 W V.Po prey g.00 gO,OO 66XX.4355/4356 xxxx.4310/4311 1 200)' FEE SCHEDULE PARKS AND RECREATION CHARGES (Cont'd) Residents Non-residents Moonshine Park: Upstairs — retreattmeeting space (includes availability of overhead/coffee pottkitchen) 8:00am — Noon I&W $ 75. gO.00 $ 85.00' 1:00pm—.5:00pm IWN 7 .00 V� 85ed0 6:00pm—10:00pm gOZO .00 tb*,, �5:0000 Full Day (8:00am-10:00pm) 240.40 3.00 !1J�,DO Downstairs — activity space 8:00am — Noon &IR6 64.00 jq.Bp 75.0,0 1:00pm — 5:00pm 040b r:460 � D0. 75 06:OOpm—10:00pm i�%ti 0 ��Q.p� 9q 0Full Day (8:00am—10:OOpm) t9f.vo 0 �.•t QAO 2 00 Acct Code 3158.4625/4326 Band Shell at Central Park: Permitted use in partnership with Eagan Parks and Recreation meeting community entertainment criteria: No permit fee Permitted use in conjunction with a Community Center paid permitted use — No permit fee 6809.4325/4326 Holz Farm barn rental: Rentals June -August only. Attendant required..' Full-day (8 am —10 pm) 2417170 236:611" 0057=28&.66 Staff attendant fee (required) 10.00per hour 10.00 per hour Wetland conservation application fees: Exemption/no-loss determination 100.00 ( plus staff review time) Replacement plan 300.00 ( plus staff review time ) Banking plan 300.00 ( plus staff review time ) Certificate of completion 100.00 Wetland decision appeal (refundable) 500.00 I'P,aI�ceaR,� 04 u+„iccE�f . Reeeae OR _aaefiavo- Bawd Shell and Public Address System: *Required staff technician at $20/hour Half-day and full day are consistent with all pavilion/shelter reservations " 10 am-4pm 5pm-10pm 10am—lOpm 6530.4675 Rental of the Band Shell only: Half day Fuld t�G • Resident • Non-resident $340.00 425.00 $ 640.00 800.00 p(o Rental of Band Shell w/sound system' , • Resident • Non-resident $540.00 675.00 $1,00000 1,250.00 *Required staff technician at $20/hour Half-day and full day are consistent with all pavilion/shelter reservations " 10 am-4pm 5pm-10pm 10am—lOpm 6530.4675 200)6 FEE SCHEDULE North, South or Central Oaks (110 capacity/each room) Sunday — Thursday • 8:00 am —11:00 pm .3OD.0p • 8:00 am — Noon • 1:00 — 5:00 pm • 6:00 —11:00 pm t�,tSb North, Central or South Meeting Rooms (20 capacity/each room) Sunday — Saturday Resident (d .D • Non-resident/For Profit Wo The Board Room (35 capacity) Sunday — Saturday • Resident • Non-resident/For Profit The Lone Oak Room Full Lone Oak Room • Resident • Non-resident/For Profit Half Lone Oak Room • Resident • Non-resident/For Profit Teen Center • Resident • Non-resident/For Profit Kid's Kare North, Central, or South Gym Gazebo 4L-Aad•Shello 'Requires a two-hour minimum rental Note. Deposit required for all rentals (?,t9O 24.W 5p" OTAP 30.00 349100 Wo SFOD 0 I 4; 7 V. 20 200.00 r100 0 1 .00 0.00 12.00/hr` IR Whr- 45. /hr ` 55 0/hr 28.0 /hr' 28 0/hr' 45.0 hr' 55/hr' 25.00/hr' mEMlhr 50.00/hr 694)e/hr 6815.4324/4325 6812.4324/4325 6811.4324/4325 6813.4324/4325 6810.4326/4327 6844.4326/4327 M � ' COMMUNITY CENTER FEES j�'C�CSL rva0 vv* w�►Jl m 4i tot- 2411177._.� The Oaks (350 capacity) Fee Acc o Sunday — Thursday • 8:00 am — 11:00 pm ?OD.t b $ 600.00/, 6802.2855.x 6802.4324/4325 • 8:00 am — Noon AD 200A " • 1:00 — 5:00 pm ,00 20f .00 " • 6:00 — 11:00 pm 3M.W 2 0.00 " Frida Full Day V0.00 00.00 " Saturday Full Day (e2pa.nm 1, 00.00 " North, South or Central Oaks (110 capacity/each room) Sunday — Thursday • 8:00 am —11:00 pm .3OD.0p • 8:00 am — Noon • 1:00 — 5:00 pm • 6:00 —11:00 pm t�,tSb North, Central or South Meeting Rooms (20 capacity/each room) Sunday — Saturday Resident (d .D • Non-resident/For Profit Wo The Board Room (35 capacity) Sunday — Saturday • Resident • Non-resident/For Profit The Lone Oak Room Full Lone Oak Room • Resident • Non-resident/For Profit Half Lone Oak Room • Resident • Non-resident/For Profit Teen Center • Resident • Non-resident/For Profit Kid's Kare North, Central, or South Gym Gazebo 4L-Aad•Shello 'Requires a two-hour minimum rental Note. Deposit required for all rentals (?,t9O 24.W 5p" OTAP 30.00 349100 Wo SFOD 0 I 4; 7 V. 20 200.00 r100 0 1 .00 0.00 12.00/hr` IR Whr- 45. /hr ` 55 0/hr 28.0 /hr' 28 0/hr' 45.0 hr' 55/hr' 25.00/hr' mEMlhr 50.00/hr 694)e/hr 6815.4324/4325 6812.4324/4325 6811.4324/4325 6813.4324/4325 6810.4326/4327 6844.4326/4327 T 200,J�FEE SCHEDULE COMMUNITY CENTER FEES (cont'd) Fitness Membership Member enrollment fee -1't family member Member enrollment fee — each additional family member Monthly fee — Resldent/Corporatel —1 s family member Monthly fee — Resident/Corporate — each additional Monthly fee — Non-resident —1 a family member Monthly fee — Non-resident — each additional Daily admission to fitness center Report Processina Fee Fitness Attendance Activity report Open Gym Fees Adult Open Youth Open Preschool Open ( includes limited Blast use) Family Open — Adult Family Open — Youth Blast Fees Daily admission 10 -Visit punch card ( residents only ) Private Rental Private Rental (with 8 -hr banquet room rental) Birthday Party Fees Standard Blast Package Blast additional guest (each) Teen Center — Package One Package One — additional guest (each) Teen Center — Package Two Package Two — additional guest (each) Fee 69.00 10.00 $2pO 31. ,6b 2 .00 y2 00 10.00 (Zopo I% W �$ 5.00 3.00 3.00 1.00 2.00 5.00 40.00 150.00 100.00 117 0 1 .75 1 0.00 12.00 150.00 15.00 p5- 21 Acct Code 6807.4321 6807.4310 6807.4304 6810.4318/4319 6804.4318/4319 6804.4326/4327 6805.4310/4311 11 6811.4310/4311 200/6` FEE SCHEDULE POLICE DEPARTMENT CHARGES Fee Acct Code Police/Fire reports: Police incident and other reports/data $ .25 per page 1101.4221 Background investigation report6c., 10.00 " Photos 35mm, first print 10.00 1101.4221 35mm, each additional .50 " Polaroid — color photocopy 5.00 " Digital — color print 5.00 Viewing accident reports (commercial users) .50 per report Audio tapes (copy) 25.00 1101.4221 Video tapes (copy) 35.00 " CD ROM (copy) 25.00 " Other Police charges: eneF �8 A6--per �antFr Contractual security ;L,50 -54-C& per officer per hour 1116.4234 Contractual security admin. fee (5%) �$� 240- per officer per hour 0501.4228 BCA urine or blood test kit 10.00 1101.4691 Driver's license printouts 5.00 1101.4221 A11Cp� .I AIS Police records check/clearance letters ATO V Law enforcement agencies no fee Non-law enforcement agencies 5.00 1101.4221 Repeat nuisance call, for third and subsequent calls 250.00 per call 1101.4215 in a 365-day period 22 1 200# FEE -SCHEDULE FIRE DEPARTMENT CHARGES c2oo2 7 23 Fee Acct Code Fire reports: 627r $ A48. Per PDQ, 1201.4221 PersonnedEquipment: Manpower 20.00 per hr (I hr min) 1201.4242 Chiefs vehicle, rescue truck, grass rigs 175.00 per hr (1 hr min) 1201.4242 Pumper, tanker, emergency support vehicle 300.00 per hr (1hr min) 1201.4242 Command vehicle, aerial 600.00 per hr (I hr min) 1201.4242 Safety house: Within City limits Fire prevention (schools, daycare) no fee Other special requests (e.g., birthday parties at stns) 35.00 1205.4242 Outside City limits County Mutual Aid cities (house only) 175.00 per day + mileage " County Mutual Aid cities, manpower, supplies 200.00 per day + mileage " Others (house only) 200:00 per day + mileage " Others — House, manpower, material 275.Od per day + mileage " Hazardous material containment/cleanup: Personnel: 20.00 per person per hour 1201.4242 ( one hour minium ) Supplies: actual cost Equipment per equipment rates above* 1213.4242 Rescue boat 1.75.00 per hour (1 hr min) 1204.4242 Hamat trailer 175.00 per hour (1 hr min) 1213.4242 c2oo2 7 23 200' FEE SCHEDULE FIRE DEPARTMENT TRAINING ROOMS Room deposit of $150.00 to be paid at time of registration (After -hour rental is a 2 -hour minimum) 24 RESIDENT NON-RESIDENT Small Large Full Small Large Full Room Room Room Room Room Room Acct Code Youth groups 8am-4:30pm deposit only N/A Youth gps after hours (per hr) 9.00 12.00. 15.00 N/A 1201.4324 Local civic groups Sam-4:30pm deposit only N/A Local civic gps after hrs (per hr) 15.00 20.00 30.00 N/A 1201.4321 Other citizen groups Per hour rental 15.00 20.00 30.00 30.00 50.00 75.00 1201.4324 Maximum one -day rental 250.00 600.00 For-profit organizations Per hour rental 30.00 50.00 75.00 30.00 50.00 75.00 1201.4324 Maximum one -day rental 250.00 600.00 Audio Visual 75.00 75.00 1201.4242 Computer connection for and/visual 200.00 deposit 200.00 deposit Microsoft PowerPoint 125.00 125.00 24 200;FEE SCHEDULE EQUIPMENT AND STAFF RATES Equipment: (does not include operator labor) Pick-up truck One -ton dump truck Single -axle dump,truck Tandem -axle dump truck Bucket Truck Aquatic Plant Harvester/ conveyor Tractor Backhoe/loader Front-end loader --ReadV"der` Street sweeper Roller or paver Air compressor Sewer jetter or sewer rodder Sewervacuumretter Groundsmaster mower Pump, 6" Pump, 8" Skid loader Chipper Tanker TV camera—service (1 hour minimum) TV camera—main line (1 hour minimum) Staff rates: Department Director Assistant City Administrator City Engineer Maintenance Superintendent Assistant City Engineer/Sr. Building Inspector Transportation Engineer Building Inspector Park Planner/Landscape Architect Maintenance Supervisor City Planner Planner Water Resources Coordinator Construction Coordinator Utility Construction Inspector Operations Analyst Engineering Technician GIS Technician Maintenance Person– regular Maintenance Person—overtime Intern/Seasonal Survey crew (includes vehicle and equipment): 2 -person 3 -person Clerical Tech Hourly Rate 14FOo t2Ro0 mfoo $ 30.00 32.00 45.00 55.00 45.00 55.00 25.00 50.00 80.00 -96-6t) 30.00 25.00 175.00 200.00 30.00 45.00 50.00 50.00 25.00 45.00 200.00 260.00 Igo 25 Acct Code xxxx.4242 xxxx.4242 200 FEE SCHEDULE X 30 26 Fee Acct Code City Attorney (Severson, Sheldon, Dougherty & Molenda) General legal E'j.Z $ 124.0 per hour 9001.2245 Paralegal fees, per hour " Development -related work per hour " City Council/APC meetings 3.00 per meeting " Consulting Financial Services Wobschall Ltd 90.00 per hour 9001.2245 X 30 26 200 FEE MISCELLANEOUS FEES/CHARGES Animal pickup Animal impound Antenna-Radio,and PCS: Application i Fftro ey 4w1i rz-Sit rve ocumen preparation and plan review andscapin it rent, 1- antennas Site rent, each additional antenna Audio tapes-Board/Council meetings SCHEDULE Fee $ 20.00 i 4.00- per day over amt billed to City by pound 500.00 X99:99 per site '4.1150O,00 -X66690 ve"ite per site 2,5+'nm'° aetdal.rye ctcw-weFew Lfksite.regeired► of $2,999 per Ll,co 20,147 ,00. per site per year (q,f. p W.00 per site per month Certification fee for unpaid false alarm or weed bills City Plans/Policies: Special Area Plans Comp. Water Supply/Distribution Pian Comp. Sanitary Sewer Policy/Plan Comp. Storm Water Management Plar6 ..3.Ong bIA&r Landscape Policy, Shoreland Zoning Ordinance, Sign Regulations or Tree Preservation Policy Water Quality Management Plan d' ail tads Data processing reports Digital image photocopies (pictometry not included) Color: First 1 Each additional B&W: First 1 Each additional "Eagan on Deck" playing cards False alarm charges -commercial and residential: First 3 false alarms per year Each false alarm after 3 Fee schedule Invoicing charge Lodging tax Mailing labels �kfM�y.w1 •Ft c, "(Vr 14TIaMeG XAP, Or A, ?Lv' PrSwkAWW'" actual costs 25.00 per parcel .25 per page .0O •5&. 0 .AO 4-t3:06` 7f -VV .35-99 r .25_ per page 75:00 4g-ee- actual cost +10% 3.00 1.00 1.50 .25 5.00 no charge 100.00 .25 per page 15% to max. of $10.00 3% of gross receipts ECVB (5% City admin fee) actual cost +10% Acct Code 1101.4212 1101.4212 xxxx.4620 xxxx.4618 11 xxxx.4619 xxxx.4620 xxxx.4620 xxxx.4612 0201.4230 6501.4230 0905.4666 1101.4214 0501.4230 0501.4228 9001.2210 0501.4247 0201.4230 I 200)` FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Maps: City map (Lion's Club): First one free - - Each additional $ 1.00 Section maps: '/: section -property only '. 10.00 Y2 section -property and planimetric 50.00 %section -property, planimetric, and contours 150.00 1/8 section -prop., planimetric and contours 40.00 'h section -aerial photo 6.00 % section -property only 5.00 Trunk water or sewer system map 2.50 Water quality classification map 5.00 Specialty maps Based on staff rates, p. 25 Zoning or Comp Guide maps: %44x47-ee4er )ci - &P si 5.00 22 x 34 color 84 48 15.00 x eeleF- GIS Utility As -Built (1/4 section -digital format) _25:A8-_ 40.00 Other digital data/mapping Based on staff rates, p. 25 Copy of commercial land use Notary seal (non -City business): First 5 Each additional > 5 Patch - Eagan Historical Trail Photocopies Plans and Specifications Research of City records (beyond readily available material) Parking restriction - sign bagging fee Street Closure Deposit Returned check or ACH transfer fee Zoning letter Standard Specialty 50.00 3.00 each .50 each 1.00 .25 per page 50.00 minimum, varies by contract Based on staff rates, p.25 %, hr minimum 50.00 25.00 + deposit 25.00 50.00 ?V(, gWce"t Based on staff rates, p. 25 3D- 28 Acct Code 0201.4230 xxxx.4230 xxxx.4231 0201.4230 11 0201.4230 xxxx.4230 xxxx.4231 2001.4691 2001.4691 9001.2255 0501.4210 xxxx.4242 200FEE SCHEDULE SUMMARY OF CONNECTION CHARGES The following connection charges are provided for in the City Code. Some or all of them may be collected at the time of: 1) new development applications, 2) new connections to a utility system, 3) the issuance of building permits, and 4) enforcement of agreements; as appropriate in each individual circumstance. Fee page Sewer Availability Charge (SAC) 8 & 12 Sanitary Sewer Trunk Connection Charge (SCC) 12 Water Supply & Storage 8 & 12 Water Meter ' 8&15 Treatment Plant Charge 8 & 12 Plumbing Permits 8 Building Permits 8&11 Trunk Oversize Charges Sanitary Sewer 12 Water Main 12 Storm sewer 12 Lateral Charges Sanitary Sewer 12 Water Main 12 Storm Sewer 12 Sewer permit --new or repair of existing 14 Water permit—new or repair of existing 14 a33 29 RESOLUTION CITY OF EAGAN APPROVING THE 2007 SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees as listed in the attached shall be effective January 1, 2007. Motion by. Seconded by -- Those in Favor: Those Against: Date: December 19, 2006 CITY OF EAGAN CITY COUNCIL By: Its Mayor Its Clerk 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19* day of December, 2006. Maria Peterson, City Clerk 023 Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. YANKEE DOODLE ROAD CORRIDOR/ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES ACTION TO BE CONSIDERED: Approve the identified preferred alternatives for each of the .three segments for inclusion in the final draft of the Yankee Doodle Road (CSAH 28) Corridor Study & Access Management Guide. FACTS: • On December 4, 2006, the City Council approved a cost participation agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Road (Denmark Avenue to TH 149). The County's study of this 2 -mile segment of County State Aid Highway 28 is being performed by SRF Consulting Group, Inc. This study began in June, 2006 and has a completion date set for year's end. • As traffic and development continue to grow along the Yankee Doodle Road corridor between I -35E and TH 149, various segments and intersections are approaching their maximum Level of Service (LOS) capacities. Several existing intersections do not meet the County's Transportation Plan spacing guidelines. Also, as additional development occurs along this corridor, requested new access locations either conflict with the current guidelines or would compromise the long-term mobility and/or safety of this heavily traveled corridor. An access management plan would be helpful in identifying where future accesses could be accommodated and what infrastructure improvements are the most cost effective. • This 2 -mile corridor was divided into 3 segments for analysis purposes; the West (Denmark Ave. to Lexington Ave.), the Middle (Lexington Ave. to Elrene Road) and the East (Elrene Road to TH 149). Existing traffic information, including volumes, turning counts, and crashes, was analyzed to determine the current operations and LOS. Future traffic projections were determined based upon Land Use plans and information provided by under developed adjacent business owners (i.e. Thomson, USPS Bulk Mail Center). • On August 2, an Open House was held to introduce the study and solicit public input and discussion of issues and concerns along this corridor.Of the 900+ notices mailed out to all property owners within 1 mile of this corridor, 31 attended the open house. With this additional information, various alternatives were developed for each segment including advantages and disadvantages of each. This refined information was then presented to the public at a 2°d Open House on October 12 attended by 29 people. There have also been individual follow-up meetings with several Property/Business owners where significant right- of-way would have to be acquired for some of the proposed alternatives to be implemented. • At the November 21 City Council Workshop, a summary of the study analysis and preferred alternatives was provided to update the Council on the progress of the efforts and in preparation for the Council's selection of the preferred alternatives on December 19. • The 3'd and final Open House was held on December 7 to present the preferred alternatives resulting from the study analysis. 39 people attended this open house. • On December 12, the County's Physical Development Committee received a summary of the study analysis and preferred alternatives. In January, the County Board will consider adoption of the Study and the phased implementation of preferred alternatives as development or CIF's present those opportunities: The approved study will then be the guiding document to implement future transportation improvements and development approvals along this corridor. ATTACHMENTS: Preferred Alternatives Exhibits, enclosed on pages through D,3 / . (Mayor, City Council and Tom Hedges please see 11x17 colored exhibits included un sgparate cover.) November 21 Council workshop draft minutes, pages.a!YO through Correspondence from property owner, page ma V3 OC �� G r L, ��.,� �� (�)��--�.� � L' i 4'% �_�4v� I ... /'riK Gr��vn�mrdu : ".� / / .. � t t .>a r l�p�.- !` fiC"aA. =f5 �. , � �- `u�.° P,. +=c �'�i'�ra 4�FLt '+�z�'"" . ..xazxnsnzn s -sr_. .. _ ... _ ::'.:�h AW Siy4 a�N+• aN! T .G�-"'77 is r 4pp _1 7K 55 03 Iffil rl A, 0 ri0 IV ol. y it 0 NEN V ES . SPECIAL CITY COUNCIL MEETING NOVEMBER 21, 2006 4:00 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councihnembers present: Acting Mayor Carlson, Councihnembers Fields, Maguire, and Tilley. Mayor Geagan was absent due to being hospitalized for scheduled surgery. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert, Director of Parks and Recreation Johnson, and Fire Chief Scott. I. ROLL CALL AND AGENDA ADOPTION Acting Mayor Carlson called the meeting to order. Councihnember Tilley moved; Councilmember Maguire seconded a motion to adopt the agenda reversing the order of Agenda item III, Yankee Doodle Road Access Management Study — Options and Preferred Alternative Presentation, and Agenda item IV, Community Development Block Grant Allocation for 2007. Aye: 4; Nay: 0 Iv. YANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY — OPTIONS AND PREFERRED ALTERNATIVE PRESENTATIONONS City Administrator Hedges introduced this item and presented background information regarding the purpose of the study, steps that have taken place to date, and future activities that will ultimately result in County and City capital improvement programming to implement the necessary improvements. Director of Public Works Colbert outlined four items that were specific drivers in undertaking the study including: 1) projected traffic volumes on County Road 28, 2) increased crash rates, 3) potential additional development along the corridor, and 4) the required coordination of the County and City CIP programming. Director Colbert introduced Kristi Sebastian, Dakota County Traffic Engineer and Frank Loetterle of SRF Consulting Group Inc. as participants in the study and noted that they would present additional information. He further explained the three key principles of safety, mobility and accessibility behind the study recommendations and how they must be balanced to arrive at mutually acceptable solutions. Ms. Sebastian provided additional background and stated that the study group is preparing for the 3nd public open house showing on December 7 at which time they will display the preferred alternatives for each of the three segments of the roadway. The segments are defined as: Denmark Avenue to Lexington Avenue (West Segment), Lexington Avenue to Mike Collins/Ivy Lane (Middle Segment) and Mike Collins/Ivy Lane to Dodd Road (East Segment). Mr. Loetterle explained the issues being experienced or likely to be experienced by the traveling public, options considered as potential solutions by the study team in each of the segments along with the advantages and disadvantages of each. He further explained the preferred alternate for each segment as arrived at by the project study team. c:2 �10 All alternatives include the following: • No access changes to intersection of Lexington Avenue and Yankee Doodle Road • Widening of Yankee Doodle Road to 6 -lanes throughout entire segment • Signal phasing and intersection improvements at the intersection of Denmark Avenue and Yankee Doodle Road The study team preferred alternate is 2-W which includes the following: • At Yankee Place: o No left turns from Yankee Place to Yankee Doodle Road o Right turns in and out are allowed • At Promenade Avenue: o New two-phase traffic signal to control left turns on eastbound Yankee Doodle Road o Eastbound traffic does not stop at intersection o Westbound traffic must stop to allow eastbound left turns o Left turns from Yankee Doodle Road onto Promenade allowed, but left turns from Promenade onto Yankee Doodle Road restricted • At O'Leary Lane: o Right turns in and out only allowed • At Denmark Avenue and Town Center Drive: o Left turns restricted from southbound Denmark to eastbound Town Center Drove • No access changes at the intersection of Lexington Avenue and Yankee Doodle Road • Widening of Yankee Doodle Road to 6 -lanes through the intersection of Lexington Avenue and Yankee Doodle Road • No access changes at Wescott Square The study team preferred alternate is 2-M which includes the following:, • At Discovery/Golfview Drive: o No left turns from Discovery or Golfview to Yankee Doodle Road o No crossing Yankee Doodle Road between Discovery and Golfview o Right turns in and out are allowed • At Columbia/Wescott Woodlands: o New traffic signal o New roadway constructed to connect Discovery Drive and Columbia Drive o New driveway access to industrial site • This alternative assumes a public road connection between Discovery Road and Columbia Drive. No specific alignment has been selected. Additional engineering studies are required to determine the exact location. V/ All alternatives include the following: • The intersection of TH 149 (Dodd Road) and Yankee Doodle Road will remain as a full access signalized intersection for each alternative The study team preferred alternate is a modified 2-E which now includes the following: • At Mike Collins/Ivy Lane: o Right turns in and out from Ivy Lane and Mike Collins only are allowed • An extension of Borchert Lane from Mike Collins Drive to TH 149 • At Elrene Road: o New traffic signal to accommodate full turning movements • At existing Gopher Resources and Commons (LcNidy Addition) entrances: o Right turns in and out are allowed at north entrance o South entrance closed o Full access will be provided by a new road connecting south Gopher Commons (LoNidy Addition) to the new intersection at Elrene Road The City Council expressed concerns about traffic issues in the Promenade area where the private road accesses Denmark. Mr. Loetterle suggested that a site circulation study may be necessary to determine potential solutions, although intersection modifications and changes to the signal sequencing at Denmark and Yankee Doodle Road should help the current situation. Director Colbert noted future steps include the 3`d open house, discussion by the Dakota County Physical Development Committee,.the City Council again on December 19, 2006 and the Dakota County Board next January. Any City comments should go to the Dakota County Physical Development Committee for their consideration. The desired outcome is for the City and County to agree on preferred alternatives for adoption and incorporation into future improvements. The City Council asked that future materials include larger graphics for only the preferred alternatives along with the key to define the map markings. It was explained that most public comments concern having less direct access to Yankee Doodle Road and a decrease in mobility on the roadway. The comments are all being considered in light of balancing the three parameters of safety, mobility, and accessibility. The assumptions used in the study project growth over a 20 year time horizon and incorporate the.assumption that the ring road will be built. The Northwood Parkway Bridge over 35E is a key component of this planning and would also help the Denmark concerns discussed earlier. When Director Colbert asked if the City Council had any comments to forward to the County Board, the Council indicated an informal concurrence with the recommended alternatives (#2) for the Middle and East Segments and wanted to give more thought to the West Segment. Director Colbert explained that all exhibits are available on the Dakota County Website for public viewing. a Y'WZ 0 DON STEVENS, INC. REFRIGERATION • FOODSERVICE • LDDGING • NVAC December 8, 2006 Ms. Kristi Sebastian Traffic Engineer Dakota County Transportation Department 14955 Galaxie Avenue, 3`d Floor Apple Valley, MN 55124 Re: CSAH 28 Corridor Study Impact Dear Kristi; o6 - As. -Z �ervirc� Jhe..JdO9piiali% .�rxd�trF� RECEIVED DEC 11 2006 EAGAN ENGINEERING DEPARTMENT Per our conversation at the 3rd Open house yesterday, we would like to address our thoughts and concerns related to the current alternatives impacting our property at 980 Discovery Road. As the two co owners of Don Stevens, Inc. and Discovery Road Partners, LLC (the building owner) we are committed to the area and -are just completing as 9,000 square foot expansion project on the north end of our building. Our understanding is that M-2 is the preferred alternative at this point. Our belief is that M-3 would be more efficient acid cost-effective. However, we would certainly work with the city and county based on the broadest view of needs and implications. Our .concerns, regardless of the selected Alternative, include: I. We feel strongly that there should be no assessments to our property based on these proposed access changes. 2. If any Don Stevens, Inc. property is encumbered by new construction, that we be fairly compensated for any transfer of land. 3. We need to preserve our ability to add expansion warehouse space on the east side of our property 4. We need to consider our proof of parking requirements if our land is utilized for one of the proposed solutions. Thank you in advance for your due consideration. Sincerely: om Jim#w&arm President Cc: Mr. Russ Matthys, PE Mr. Timothy Plath, PE, PTOE Eagan Office 980 Discovery Road Eagan, Minnesota 55121 Phone: 651-452-0872 WATS: 800.4442299 . Fax: 651.452-4189 Dave DeSudr Vice President Iowa Office . Interstate Business Park . 4269 10M Street Urbandale, IA 50322 /� Phone: 515-273-6622 " / WATS: 800.363,-2623 Vv�/ Fax: 515-2704557 Minot Office 620 20th Avenue S.W. Minot, ND 56701 Phone: 701-638-9999 WATS: 600-061-1201 Fax: 701-838-7575 Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. LOTS 1 & 2, BLOCK 1. SILICON GRAPHICS 1sT_ ACTION TO BE CONSIDERED: 1. Approve the Vacation of public drainage and utility easement within Lots 1 & 2, Block 1, Silicon Graphics Addition and authorize the Mayor and City Clerk to execute all related documents. 2. Approve Final Subdivision (Waters Annex) to create one lot and three outlots upon approximately 42 acres located in the SW %4 of Section 1. FACTS: ➢ A public hearing was held on the Vacation request on December 4, 2006 and Council action was postponed to be concurrent with approval of the final plat. ➢ The Preliminary Subdivision was approved April 18, 2006. ➢ All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. ATTACHMENTS (3): Location Map, page Jf Legal Description & Graphic for Vacation, pageW';� Final Plat, page QLay / g a�� Location r _ 1 r I rui KIM mw �it7� di:oil �� i'i o GXTS INTERSTATE 494 Q M Proposed W Vacation LONE OAK ROAD 7—uj TRUNK I y HWy No. 55 p > I Ch z O I z � I ti I I YANKEE DOODLE ROAD I yp 2� I I i Silicons. 1st Add. aq of Eakan Proposed Easement Vacation 11-1-06 Engineering Department Location Map. CSM EQUITIES, L.L.C. — Petition to Vacate — Waters Annex DESCRIPTION OF EASEMENTS TO BE VACATED 1. The following drainage and utility easements dedicated in the plat of LONE OAK, which plat was filed of record on May 24, 1985, as Document No. 688442, Office of County Recorder, Dakota County, Minnesota: All drainage and utility easements dedicated within those portions of Outlots H and L of the recorded plat of LONE OAK, embraced within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION, and all drainage and utility easements dedicated within Outlot G of the recorded plat of LONE OAK. 2. The following drainage and utility easements dedicated in the plat of CRAY ADDITION, which plat was filed of record on January 15, 1988, as Document No. 823591, Office of County Recorder, Dakota County, Minnesota. Alldrainage and utility easements dedicated within Outlots B, C, and D, CRAY ADDITION. 3. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of CRAY SECOND ADDITION, which plat was filed of record on October 24, 1989, as Document No. 909674, Office of County Recorder, Dakota County, Minnesota, All drainage easements for ponding and all drainage and utility easements dedicated within Outlots A, B and C, CRAY SECOND ADDITION. 4. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of SILICON GRAPHICS FIRST ADDITION, which plat was filed of record on April 17, 2001, as Document No. 1765742, Office of County Recorder, Dakota County, Minnesota. All drainage easements for ponding and all drainage and utility easements dedicated within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION. q? LEGEND EXISTING EASEMENTS OUTSIDE PROPOSED EASEMENTS PROPOSED EASEMENTS j�� 0 100 200 400 j� SCA® ewm u� M �rwr w PROPOSED EASEMENTS EXIIIWf GRAN. MINNESOTA VICINITY ='. M, 2 norma grMlr4 K EXHIBIT A f MI h J11� ti �YiM hl Fe .110 .iia ~iupM W.rJw M�w�� ANT mm Agenda Information Memo December 19, 2006, Eagan City Council Meeting D. FINAL PLANNED DEVELOPMENT —LOT 1, BLOCK 1. WATERS ANNEX ACTIONS TO BE CONSIDERED: To approve a Final Planned Development to construct a 54,880 sq. ft. building located on Lot 1, Block 1, Waters Annex, in the SW '/4 of Section 1. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The Preliminary Planned Development approved earlier this year provided for an office/warehouse building on this site. The Preliminary Planned Development specified a 55,000 sq.. ft. building with not more than 40% warehouse. ➢ White House Custom Colour is acquiring the property from CSM, and is developing the lot in two phases. The first phase consists of 35,880 sq.. ft. The proposed use is office and manufacturing/production, with 10% warehouse. ➢ The proposed development is consistent with the Preliminary Planned Development Agreement governing this property. ➢ The Final Planned Development Agreement is anticipated to be signed and in order for execution at the regular meeting of the City Council ATTACHMENTS (1) Location map on page oZ aso Location MapPwk � Emnitlary Amin - Edlling Feetp nt MENDOTA HEIGHTS x, I r . n ay � •. I -. 40 4 V q ,.+ Sub set Site £e 1 ® Q IML n � F - r FA 9 m P h- Y ®� m„� ,.• ,., •Y • 141111 oil LF �'" ®fie • 1. � � ® i , m . E "�Vil •.. 7000 0 7000 2000 Feel White House Custom Colour Final Planned Development L1, B1, W am An City IAn.44e L1. n•pam pmreYe �yy pnmb C•e wROMm ef/ip�01006. USE ONLY N / of THIS IsW is INTENDED FOR REFERENCE The Clty of Eagan aed_ Dakota County ds not SoornDleo the oeovnry. of thisInfonnmtleo and en S Gmmnny O•••lym••1 h•••mM•l OOt MFOnOlh10 !0(0110(0 O( Onlleel009. Agenda Memo December 19, 2006 Regular City Council Meeting OLD BUSINESS: E. Approve Caponi Art Park and Learning Center Tunnel Fence Removal ACTION TO BE CONSIDERED: Pending approval from Dakota County, approve the removal of the fence from the Diffley Road pedestrian tunnel and enclosure of the tunnel within the fences of the Caponi Art Park and Learning Center. FACTS: • The Public Works committee met with Cary Felbab, Chair of the Caponi Art Park and Learning Center at their meeting on December 11, 2006 to discuss the removal of the tunnel fence and enclosure of the tunnel within the art park. The Public Works committee agreed to recommend the following: o The City would assume the cost for removal of the fence in the tunnel. o The Caponi Art Park and Learning Center would assume the cost and construction of a fence according to specifications approved by both the City and the County that would close the tunnel to unlimited public use. o The tunnel would be open from 9:00 a.m. to sundown every day of the year, weather permitting, with the physical opening and closing administered by an employee or volunteer of the Caponi Art Park and Learning Center. o It will be necessary for the Caponi Art Park and Learning Center to apply for a variance to allow the joint use of motorized vehicles with pedestrian traffic through the tunnel while the tunnel is open to the public. o Upon review and action by the City Council at the December 19 meeting, it will be necessary for the Caponi Art Park and Learning Center Board to seek a similar approval by Dakota County before any work is done on the tunnel. • At the November 21, 2006 Special City Council Meeting, Mr. and Mrs. Anthony Caponi along with Cary Felbab, chair of the Caponi Art Park Board, requested permission to remove the fence from the Diffley pedestrian tunnel and allow the Caponi Art Park and Learning Center to enclose the tunnel within the fences of the art park. The item was referred to the Public Works Committee for further discussion. • Since the November 21" meeting, staff has discussed the request with staff from Dakota County since Diffley Road is a County Highway. Preliminary County c�2sc� comments indicate that it is doubtful that the County would allow any portion of this tunnel or trail to be vacated, abandoned or restricted to the general public. Enclosed is a memo from Public Works Director Colbert regarding the County's response. ATTACHMENTS: • Minutes from Public Works Coj�►eeting of December 11, 2006 are enclosed on pagesaSYthrough�(o • Memo regarding County interest in the tunnel on pagea!5;1 NOTES PUBLIC WORKS COMMITTEE MEETING December 11, 2006 Attendance: Those present for the Public Works Standing Committee meeting held on Monday, December 11, 2006 at 7:00 p.m. were Public Works Committee members/City Councilmembers Cyndee Fields and Mike Maguire, Director of Parks and Recreation Juli Seydell Johnson, Director of Public Works Tom Colbert and City Administrator Tom Hedges. Review Inver Grove Heights Plans for a Pedestrian Trail in Broadmoor Park • . The City Administrator introduced the item by sharing some history about the Inver Grove Heights proposal to build a hard surface trail in Broadmoor Park. He stated that Broadmoor Park is in Inver Grove Heights with its western border abutting several residential lots along Westin Hills Drive in Eagan. A summary was given for meetings held in the months of September and October between Eagan residents and elected officials from the City of Inver Grove Heights regarding plans for the trail, impact on Eagan residents and how the Joint Powers Agreement affects the proposed trail improvements. Director Colbert stated that the main reason for the Joint Powers Agreement between the City of Eagan and Inver Grove Heights is the interconnection of utilities. • Director of Parks and Recreation Johnson gave background on a meeting she attended at Broadmoor Park with the Inver Grove Heights City Councilmembers, residents from that community and neighbors from the Westin Hills development. • Ms. Stephanie Favre and one other Westin Hills neighbor appeared at the Public Works Committee and shared their concerns about the proposed hard surface trail. Councilmember Fields spoke to the severe elevations and concerns about the trail if the area should experience a high water balance due to a storm. She emphasized the amount of wetlands and how the trail appears to not have compatibility with the topography given the severe elevations and need for wetland mitigation. • Councihnember Fields stated that there should be no trail and, in five (5) years, it might be appropriate to evaluate where the natural walking trail has developed. She further stated that there should not be a hard surface trail due to the clearing of trees that would likely be necessary for a construction easement. • Councilmember Maguire agreed that trees should be preserved on the Eagan side and that Inver Grove Heights' need for construction right-of-way could impact the trees in the Westin Hills development. • Councilmember Maguire also stated that it is important that the City of Eagan not be hypocritical in the sense that public trails exist in backyards of neighborhoods throughout the City of Eagan and are working quite well. He farther stated that, due to the topography, existing trees, wetland and other factors, he would agree that a hard surface trail is not appropriate for this location. • After further discussion, staff input and discussion with residents in attendance, it was determined that; l) the existing elevation of the berm may not be altered as it is a condition of the 1997 Joint Powers Agreement, 2) no hard trail be constructed due to the amount of disturbance that existing trees would likely suffer in addition to the impact on the existing tree root zone; a requirement because easements would likely be required from Eagan residents, 3) communicate a preference that the trail project be delayed to determine the actual use patters of the neighboring subdivision residents, and 4) respectively submit a letter to the City of Inver Grove Heights acknowledging the City of Eagan's review and recommendations relative to a proposed trail in Broadmoor Park. Casoni Art Park Learning Center Tunnel Fence Removal City Administrator Hedges provided some background on the request by the Caponi Art Park and Learning Center to remove the fence located inside the pedestrian tunnel under Diflley Road and enclose the tunnel within the fences of the art park. The tunnel currently connects public trail ways on the north and south side of Diffley Road and parcels. for the Caponi Art Park and Learning Center. • Drawings were presented using pictometry to view the tunnel trail connections relating to pedestrian movement on Diftley Road as well as utilization of the tunnel for the Caponi Art Park and Learning Center activities. • Cary Felbab, representing the Board of Directors for the Caponi Art Park and Learning Center, stated that the gate would be open during hours of operation for the Art Park; the access to the tunnel would be closed at night preventing misuse of the tunnel. Mr. Felbab summarized the recommendation of the Board to remove the fence from inside the tunnel, enclose the tunnel within the fences of the art park, close the tunnel at night. The Board feels this will better service construction vehicles, golf carts and other art park uses of the trail. • Mr. Felbab also spoke of the public nuisance from the gathering of individuals inside the tunnel. Staff stated to their knowledge there has been no police record of any incidence in the tunnel creating any concern for public nuisance. • There was discussion about different concepts that could work for removing the fence from the tunnel and installing new fences to provide security for the art park. These included keeping the tunnel open 24 hours a day by placing gates on the fences that secure the Caponi Art Park and Learning Center property on each side of the tunnel. This would allow for the Caponi Art Park to regulate times the gates are to be open for public use of the Art Park and Learning Center grounds and make room for construction vehicles the size of golf carts to use the tunnel, while allowing the tunnel to remain open to public trail use at all times. • It was also noted that any action by the City would require presentation and approval by Dakota County; this should occur after the City Council considers the Public Works Committee recommendation at the December 19 meeting. • After further discussion, the Public Works Committee members agreed on recommendation to the City Council to consider the following: o The City would assume the cost for removal of the fence in the tunnel. o The Caponi Art Park and Learning Center would assume the cost and construction of a fence according to specifications approved by both the City and the County that would close off the tunnel. o The tunnel would be open 9:00 am. to sundown everyday of the year, weather permitting, with the physical opening and closing administered by an employee or volunteer of the Caponi Art Park and Learning Center. o It will be necessary for the Caponi Art Park and Learning Center to apply for a variance to allow the joint use of motorized vehicles with pedestrian traffic through the tunnel while the tunnel is open to the public. o Upon review and action by the City Council at the December 19 meeting, it will be necessary for the Caponi Art Park and Learning Center Board to seek a similar approval by Dakota County. P'56 Citi of Eat TO: PUBLIC WORKS COMMITTEE MEMBERS FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: DECEMBER 712006 SUBJECT: DIFFLEY ROAD PEDESTRIAN UNDERPASS & CAPONI ART PARK - COUNTY JURISDICTION A fair amount of research and background information has been assembled in response to Mr. Caponi's request to have the existing Caponi Art Park security fence removed from the pedestrian tunnel under County State Aid Highway 30 (Diffley Rd.) which would essentially restrict the general public's access to this underpass. It is my understanding that Mr. Caponi proposes to relocate certain portions of his security fence to fully incorporate the tunnel within the boundaries of the Art Park. The tunnel was installed as part of, the County's upgrade of Diffley Rd in 1993 under a_ Cooperative Cost Participation Agreement between the City and the County. Under the terms of the agreement, the City was responsible for 100% of the cost of a tunnel and the perpetual maintenance of the trail within it. The County is responsible for all structural maintenance of the tunnel itself. At the request of Mr. Caponi, the minimum size of the approved pedestrian underpass was expanded to accommodate the minimum widths of two separate trail functions (i.e. general public and Art Park users) by way of a security fence. 100% of the over -sizing and fencing was the responsibility of Mr. Caponi and specially as to him. The original concept of the tunnel arose when it was learned that the continuation of the trail construction along the south side of Diffley Road would result in an extensive cut slope into the hill of the Art Park property reducing its current amphitheater effect. The City Parks Commission and Council were supportive of the additional expenses to minimize this impact while still maintaining the continuity and integrity of the County's trail system along County arterial roadways. In conversations with the County's Transportation Department and the County Attorney's Office, the trail along the roadway and within the tunnel still remains under the jurisdictional authority of the County (within the County's right of way). Any proposal to modify or transfer jurisdictional control would likely require the County's approval. Preliminary County comments indicate that it is doubtful that the County would allow any portion of this tunnel or trail to be vacated, abandoned or restricted to the general public. Respectfully submitted, ash AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 199 2006 A. CALL TO ORDER B. ADOPT AGENDA �a6o C. APPROVE MINUTES D. OLD BUSINESS �b 1. CEDAR GROVE REDEVELOPMENT DISTRICT— Direction Regarding. Status of Core Area Development Agreement with Schafer Richardson tp, 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Occupancy Proposal for Grand Slam at Cedarvale Mall E. NEW BUSINESS E. OTHER BUSINESS F. ADJOURNMENT OS -800, Agenda Information Memo Eagan Economic Development Authority Meeting December 19, 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 ran 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 November 9, 2006 EDA meeting as presented or modified. ATTACIIMENTS: • Minutes of the November 9, 2006 EDA meeting on pages c;%o. asq MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 9, 2006 A meeting of the Eagan Economic Development Authority was held on Thursday, November 9, 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 Fields seconded a motion to approve the agenda as presented Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the September 5, 2006 meeting as presented. Aye: 5 Nay:0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT UPDATE REGARDING STATUS OF CORE AREA REDEVELOPMENT AGREEMENT WITH SCHAFER RICHARDSON Community Development Director Hohenstein provided an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of the Cedar Grove Redevelopment District. Commissioner Carlson moved, Commissioner Fields seconded a motion to receive an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corporation for the redevelopment of the core area of the Cedar Grove Redevelopment District; and directed further review by the Finance Committee. Aye: 5 Nay: 0 C�6v NEW BUSINESS NORTHEAST KAGAN REDEVELOPMENT DISTRICT COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK Community Development Director Hohenstem discussed the proposed collateral assignment of the development agreement between the City and MG Eagan, LLC to LaSalle Bank. Commissioner Carlson moved, Commissioner Tilley seoond8d a motion to adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Hwy Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting at 8:00 p.m. Date C26/ Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting December 19, 2006 --- _ - 1. ACTION TO BE CONSIDERED: To provide staff and the City Attorney with direction regarding the TIF Development Agreement between the City and Cedar Grove Development Corp to: • Approve the Termination of Development Agreement. rJI • Find Cedar Grove Development Corp to be in default of the development agreement and authorize a notice of default to be sent to the developer. 7 • To provide such other direction as may be appropriate. FACTS (New Information in Bold): 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 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 proceeded with preparation of the Phase I Site Plan and approached the deadlines in the May 16 amendment, they identified issues that they wanted to address prior to proceeding with the submittals. Those issues 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. C2 6 w?- • The Developer requested and the City approved a Second Amendment of the Development Agreement on July 18, 2006 that extended the deadline for submission of the Phase I Site Plan to October 23, 2006. • In the meantime, the City proceeded with the acquisition of the Cedarvale Mall and the tenant relocation activities and continues to negotiate for the acquisition of other properties in the Redevelopment Area • A Phase I Site Plan has not been received. • At its meeting of November 9, 2006, the EDA received the attached letter and memo regarding the status of the development agreement and referred the matter to the City Council Finance Committee for review and recommendation. The Finance Committee is recommending that the development agreement be terminated. The City Attorney has prepared an agreement to terminate the development agreement and has submitted it to the developer for consideration. • If the agreement has been executed by the developer in advance of Monday's EDA meeting, it will be in order for action by the EDA and City Council. If the agreement has not been executed by the developer, the EDA and City. Council may consider declaring the developer in default and authorize a notice of default to the developer. The developer has 30 days to cure the default. • If the agreement is terminated, staff would propose to. request direction for next steps to proceed with the redevelopment of the area at a future Council or EDA meeting. ATTACffi1UNTS: • Termination Agreement on pages 0Z i4__.)6 % n/ • Finance Committee meeting notes on pages mop • Developer's letter on es� 0 through1� • Staff memo on pages through • Area map on page • Approved site plan on page TERMINATION OF DEVELOPMENT AGREEMENT THIS TERMINATION OF DEVELOPMENT AGREEMENT ("Agreement) is made this _ day of 2006, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA'); CITY OF EAGAN, a Minnesota municipal corporation (the "City"); and CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation (the "Master Developer'j. The EDA, City and Master Developer are hereinafter collectively referred to as the "Parties." WHEREAS, the Parties entered imo a Development Agreement dated January 17, 2006; a Supplement to the Development. Agreement dated January 17, 2006; a First. Amendment to the Development Agreement dated May 16, 2006; and a Second Amendment to the Development Agreement dated July 18, 2006 (collectively the "Development Agreement") relating to Tax Increment Financing District No. 1; and WHEREAS, the Parties desire to terminate the Development Agreement and release each other from any fiuther obligations under the Development Agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Master Developer, the Parties hereby covenant and agree as. follows: 1. TExMIh noN GF DEvELGPMENT AGREEMENT. The Parties hereby agree that the Development Agreement is hereby terminated in all respects and each party is hereby relieved of any finther rights or obligations under the Development Agreement. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By Pat Geagan Its: President Ey Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation Ey Pat Geagan Its: Mayor By Maria Petersen Its: City Clerk CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation Its 2 c;�6S STATE OF MINNESOTA ) )as COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2006 by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )as COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2006 by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )as COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 2006 by , the Development Corp., a Minnesota corporation, on behalf of the corporation. Notary Public 0 day of of Cedar Grove THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952)432-3136 (RBB: 206-23508) fl a6 � Meeting Notes Finance Committee Meeting October 3, 2006 I. Adoption of Agenda The Agenda was adopted as presented. II. Business Assistance Policy and Public Financing Policies Community Development Director Hohenstein provided an overview of the background regarding Business Assistance Policies and Public Financing Policies. He indicated that cities that provide public financing assistance to private businesses or developments are required by statute to adopt and follow a business assistance policy, which among other things lays out specific job and wage level goals for projects that do not involve redevelopment or housing development The City's most recent Business Assistance Policy was adopted it 2001, prior to statutory amendments that require it to be updated. He stated that the Economic Development Commission's Finance and Development Committee had largely completed an update of the Business Assistance Policy and TIF Policy, but that the full Commission had not acted on a recommendation at the time that the EDC was disbanded. He said that the EDC Committee's approach to the policies was that the Business Assistance Policy would apply to all types of assistance and that a "tool box" of financing methods, such as tax increment financing and a revolving loan fund, would be tools within the tool box. The one outstanding issue was the specific job and wage goals to be set for economic development projects where job or business development is the purpose of the assistance. He indicated that many policies set higher wage or leverage requirements to help create living wage of head of household jobs and prevent public financing from being used to create low wage jobs or small numbers of jobs. Taking a somewhat different approach, the EDC Committee had suggested setting a low minimum of one job at federal minimum wage to create the greatest flexibility for the Council to approve projects regardless of the number of jobs or their wage level. The EDC Committee had determined that both approaches should be presented to the Council for consideration in the adoption of the policies. The Finance Committee indicated that it would be more appropriate to have higher wage and job creation goals in the City's policies. It was noted that other City policies do permit Councils to waive or amend the goals for specific projects if they determine that the project warrants it. Hohenstein also overviewed information relative to Tax Abatement authority and the Twin Cities Community Capital Fund, which the Council has authorized the City to join at the recommendation of the EDC. The TCCCF is a revolving loan fund, which resells loans on the secondary market to leverage more loans than a single city's loan fund could capitalize. The Finance Committee concluded that the basic approach of a master policy and tool box is appropriate. The Committee directed staff to develop wage and job goals that would require higher base wages and a relationship between the level of assistance and number of jobs. The Committee indicated that it is not supportive at this time of the City using tax abatement authority and that staff should prepare a policy statement to that effect. Finally the Committee directed staff to prepare a brief policy statement indicating that the City will generally apply the Business Assistance Policy to businesses seeking financing through the TCCCF, but that the City would not add criteria or standards beyond the basic TCCCF determination of eligibility and credit worthiness for such loans. The revised job and wage goals and the policy statements regarding tax abatement and TCCCF were to be returned to the Finance Committee for a recommendation to the full Council on the adoption of the policies. Ill. Other Business City Administrator Hedges briefed the Finance Committee on the status of discussions with a prospective user of the Eagan Civic Arena. He noted a number of items that need additional clarification and discussion to include potential bonding questions, payment of operating costs, and a desire to use new revenue streams such as naming rights and/or advertising sales as a mechanism to pay for ice time use. Director of Administrative Services VanOverbeke covered the basic financing elements relating to new construction as they have been discussed and noted a list of questions that need to be answered by a bond attorney before additional substantive discussions can be held. Due to potential client conflicts it has been problematic to get the questions addressed to date. The Finance Committee provided direction that interior naming rights may be appropriate and that any revenue deal needs to be straight forward and simple. They also directed that if all of the bonding questions can be satisfactorily answered, protection must be provided to ensure that no debt service requirements become obligations of the City. IV. Adjournment C)69 tSchafer Richardson November 2, 2006 Mayor and City Council: Thank you for the opportunity to work on the Cedar'Grove project over the past several years. Wehave enjoyed working with you, your staff, and the City's consultants to make the redevelopment of the Cedarvale Mall and the surrounding 70 acre area an asset to the City of Eagan and the region. The site plan which you saw and.approved as part of the development agreement turned out not to be supportable in the current market' Specifically' • Market conditions for for -sale housing have worsened substantially. As you know, condominiums and townhomes were a large part of earlier site plans. • The amount of freestanding commercial space - which is more feasible titan residential space in the current market - needs.to be increased. However; it is limited by traffic constraints and the City's design guidelines for the area. In an effort to make the project more market supportable, we made several changes to the proforma We replaced some condo units with rental units, We replaced condo units with senior housing units, and We increased the amount of commercial square footage. We do not feel that the project as it is currently structured is feasible. over the past few months, we have spent considerable time testing different mixes of land uses to attempt to create a redevelopment plan which is market supportable and successful Some of these changes are: • We increased the land price for townhome lots, • We increased the land price for commercial land, and • We increased the market values for the townhome units and commercial land, which increases the amount of TIP available. After all these changes, the project proforma still has a considerable financial shortfall, and it puts too much risk on us as the developer. The project currently has a gapof over $2 million, and the gap for phase I - the most critical phase for financing and marketing the project - has a much' larger gap still. ® Rent Estate Development 00 Banka Bwldmg 61S Fiat Avenue NR const mc&a Noo apoBg MN 55413 ?gveetment Phone 612.371.3000 Leasing a Management . Fax 612.3595656 WWW tMoxn Mayor and City Council November 2, 2006 Page 2 We believe that additional financial assistance from the City is required to make the project work. We ask that you consider: • Carrying the land acquisition costs or providing a loan to us for this, • Waiving park and trail fees, • Paying for relocation expenses,. • Paying for off-site trafk improvement costs, or • Other ways to reduce project costs and/or carrying costs. We are not set that any of these is necessarily the answer, but additional assistance is needed to make the project feasible for us. We hope to make the Cedar Grove project work, but we are prepared to work with you to part company amicably in the event it does not We believe the project could bea great one, but it.may not be the right project at this time. Sincerely, Brad Schafer President � /1 TO: FROM: DATE: City of Baan Yeo MAYOR GEAGAN AND CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR NOVEMBER S, 2006 SUBJECT: CEDAR AOVOREODEVELLOPMENT AGREEMENT UPDATE REQUEST FRI�CTI. The purpose of this memo is to outline the status of the Cedar Grove Core Area Development Agreement between the City and the Cedar Grove Redevelopment Corporation, the Schafer Richardson partnership that was fomied to ad as the master developer for the core area of the Cedar Grove Redevelopment District Overview This matter is before the City Council and EDA at this time for several reasons: • The developer has not submitted Phase I Plans by the October 23, 2006 deadline prescribed in the amended development agreement and it is necessary for the City to determine how to proceed in light of that circumstance. • Market conditions have sh ted since the development agreement and preliminary concept plan were approved in January, 2006, which has diminished the market supportability of the approved mix and density of uses. In particular, the market for new suburban condominiums, which made up a substantial segment of the preliminary concept plan,. has flattened. Despite'the fad that City staff and the developer have worked to refine the assumptions projected for the redevelopment, the financial proforma for the project retains a financing gap of $2 million to $3 million. The analysis presumes that the core area project will be self-financing through TIF, with the exception. of the City's obligation to use resources from elsewhere to cover costs such as environmental remediation, affordable housing and prior transportation improvements. The refinement of some assumptions reduce the gap, but they are offset by the inability to assure the number and timing of construction of the condominium units. Since the number and density of this housing type represented a substantial amount of the new tax base in the revenue /C-0— assumptions, it will be necessary to consider alternatives to fill the gap. These may be in the form of additional public capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial commitment to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other activities. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the, Keystone and Nicola Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocated within the area anticipating the mixed use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general concepts defined for the area, namely a mixture. of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspaoe and structured parking, where necessary to support necessary development densities. In order for the project to be market supportable, however, it appears necessary to consider land use alternatives outlined below to complement or supplement these new urban elements. While a further alternative would be to consider a more dramatic shift to a.different mix of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical,limits of the current traffic Improvements and the proximity of the future Cedar Avenue BRT that will support and benefit from higher density residential development Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would need to be market supportable. For the . project to be successful in the future, the vision for the area will need to be clear enough to assure its quality, but flexible enough to incorporate those.specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. New condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project is not market supportable at this time. ;? 73 assumptions, it will be necessary to consider alternatives to fill the gap. These may be in the form of additional public capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial commitment to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other activities. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the Keystone and Nicola Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocated within the area anticipating the mixed use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general ooncepts defined for the area, namely a mixture. of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspace and structured parking, where necessary to support necessary development densities. In order for the project to be market supportable, however, it appears necessary to consider land use alternatives outlined below to complement or supplement these new urban elements. While a further alternative would be to consider a more dramatic shift to a different mix of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical limits of the current traffic Improvements and the proximity of the future Cedar Avenue BRT that will support and benefit from higher density residential development. . Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would need to be market supportable. For the project to be successful in the future, the vision for the area will need to be clear enough to assure its quality, but flexible enough to incorporate those specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. New condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project is not market supportable at this time. p� �r funds to close the gap, in the absence of those plans, or to provide other direction with respect to the redevelopment of the Cedar Grove Area. EDAICouncll Di on Alternatives for direction are outlined in the cover memo for this business item. Understanding that market support does not currently exist for a development concept that relies heavily on condominium development, it is clear that it is necessary to identify an alternative concept plan to form the basis of the redevelopment activity and move forward with implementation of the next phases of the project The issue is how best to accomplish that, whether in partnership with Schafer Richardson or by pursing other development partners for the project Regardless of the direction chosen, the following factors are important to note. • The City now owns more than half of the property within the redevelopment district • The . Council has given general direction to continue to acquire the remainder of the properties in the core area. • A substantial number of businesses associated with those properties have been successfully relocated and others are in the process of pursuing relocation options. • While the downturn in the condominium market presents a challenge, the emergence of market demand in a number of other sectors offers options for alternative approaches to the redevelopment of the area. If the Council determines to move forward with Schafer Richardson, it will be necessary to provide specific relative to challenge described in the Concept Plan and Phase I Site Plan discussion above. If the Council considers an alternative to part company with Schafer Richardson, it will be necessary to pursue another development partner or partners in the immediate future. unity Development Director Cc: Gene VanOverbeke, Director of Administrative Services 7J Eow—fl DESCRIPTION OF PROPERTY The properly is the property descrIed and outlined as Cedar Grove Properties Development Area on the attached map, and located in the City of Eagan, Section 19, Township 27, Range 23. 7/:;o Agenda Memo Eagan Economic Development Authority Meeting December 19, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE GRAND SLAM OCCUPANCY AGREEMENT - - - - ACTION TO BE CONSIDERED: To accept an occupancy proposal from Grand Slam for the business' continued occupancy at the Cedarvale Mall, to approve occupancy until June 30, 2007 and direct staff to prepare an agreement to provide for the business to pay rent and utilities from January 1, 2007 to the end of the occupancy period. 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 for the area The City acquired the Cedarvale Mall on September 1, 2006. Since that time, the City has actively assisted mall tenants in relocating their businesses. The City has given notice to tenants of the need to relocate or finalize plans for relocation by December 31, 2006. At the present time, all but three of the tenants have completed their relocation. One additional business is expected to relocate to Silver Bell Center later in December or in early January. • One of the two remaining businesses, Grand Slam, is planning its move to a new tenant space in Burnsville. That space is expected to be available to the business in May or June of 2007. As a consequence, Grand Slam is requesting consideration of an occupancy agreement to remain in its current location until that time. The agreement would require that the business to pay its own costs of utilities and that rent payments be addressed as part of the relocation mediation that has been proposed by the City Attorney's office to resolve outstanding claims. • The decision by Schafer Richardson to not proceed with redevelopment of the area under its development agreement means that the timeframe for demolition of the Mall can be postponed to accommodate this request. The proposal has been reviewed by the City Attomey and staff and is in order for consideration by the EDA and City Council at this time. ATTACHMENTS: • Occupancy proposal on pages W2�9— -28/ MIMA MoYAW 12.12-2006 00:08PM FROHM MER GILLEN MILLER PA I.EVANDER, GILLEN & MILLER, P.A. ATTOWEYS AT t.Aw EftaWlAd In I W December 12, 2006 Robert B. Bauer, Esq. Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 1470 Street Suite 600 Apple Valley, MN 55124 601 440 T864 T-814 P.002/004 F -OTS VIA FACSEWHZ AND U.S. MAIL ta>Gas.cwLrsa MUOT lvJ. nw= DAM19L 1. MRSON 1oauN6rFt J.11nN1,F �srsPNaN9L>aocr9tart -p1YP.TCA aVACH ANWAhLU=AUANN '400R1NS L LAND ANNCD'R1 MY "WALD L HOW DAWY M r0UCKM HAR=Lw"oeA :910-199: AAflA RMUL t ' 1919.3003 wOARAM MjNMAUWWA M IMMADMO MOKMMM RE: City of Eagan, City of Eagan Economic Development Authority, Cedar Grove Properdes, Inc., Cedar Grove Properties, LLC and Schaefer Richardson (%° Qr- Daveiopern v Grand Slam Sports, Southeast Entertainment XWerprises, Inc. and John VanderAorde - Condemnation Our File No. 20716.00000 Court File No. CX -06-8049 Dear Mr. Bauer: This ]enter follows ournumerous telephone conversations, w well as fape-wface meeting, inwhich I have requested on behalf of John VandaAmde and Grand Slam Sports cxtenaion of Grand Slam's o=upmOy ofits leasehold pternises in the Cedarvale Man Som January i, 2007, through June 30, 2007. in mtdcipation ofihe district count ordered condemnation quick udwtransfer oftwoandposaession, Grand Shim, togWwwithEPH Company, submitted a developmentplan for construction of anew Acility west of CSAH 5 and south of CSAR 42 in the City of Burnsville. Grand Slam and EPs Company expectedbo receive final City approval and start construction inNovemberhowever, in an unanticipated turn of events in early November, the Burnsville City Council denied Final development approval and seat Grand Slam sctamblmg to find an alternative business relocation development site., Grand Slam has 0099aued In Work with EFH Cody, as Well as the City of Burnsville and identified a new site tar development of its replacement facility at the approximate location of Highway 73 and Mconet Avenue. No rezoning is nommy f r development: however, a conditional use permit (CUP) is required by rho City of Burnsville to paadt Grand Slam to start 6)j sourn coamoan wrxwr - surra 400 • swm OAwPmn ms nTA S u7s , 6p -4;x -as, • nx 6p'4fD'r 0787Ca Af80IAGT8D 0-i wrBC00iSIN A wWw.L6VMID8B.nnOR ' 4� 79 12-12-2000 05s00FM FIUMEVNRDER GILLEN MILLER PA 001 400 1804 T-814 P-ODIA04 F -ON Robert B. Bauer, Esq. Pap 2 December 12.2006 c nstnotion. Grand Slam and EPH Company subs the formal application for development approval and CLIP to the City of BwTw ills on Dem 5, 2006. Based upon an expedited 60 day review and approval process, the earliest that Grand Slam will be granted final approval for developmeotof9u replacement faafiityisthefirst we*ofFebruary2007. Assuming that the application proceeds smoothly and feral approval is granted by the City of Burnsville in arty February, EF'H Company and (band Slam will break ground between mid- February and March 1. 2007. EEIH Companyhas advised Mr. VamderAwde that construction will take 120 days to occupancy. Tl=vforq in order to maintain Grand Slam's continuous business operations, as wall as avoid substantial business loss and going concern claims far business intenvptioa,Grand Stan requests that the SaganRDA pa ad Grand Sian to continue tooccupyits leased practises through June 30, 2007. Given the present uncertain status of the proposed Ceder Grove redeveloptnem and master developer, the continued occupancy by Grand Simn will not interfere with any immediate plane for TodevelopmentoftheCedervaleShoppingMall.Itisour dbngthatatitxexistirhgtetrantaof the Cedarvale Stropping Mall have been afforded afmilm consideration- Le. continued occupancy provided *d the tenants contimre to pay base rent plus utilities dining any period of eontimred occupancy. Th=fot e, Grand Slam proposes to pay its base rant of $6,181 for the mouth of January 2007, togetherwithdirwtpeymmttofitsaeparatelymeteredutilityexpeosas. Grand Slam hrther agrees to enter mediation with the Eagan EDA, along with the laadlorMeveloper, in the mcwha of)snuary and Febtuaryto attenptwraaveshort ofcond=netonUdpthmanionearelaftgto: 1) psymew offaU justcompmudmforOrand Slam'a fixturt;sandtradefixnnas taken, deprecisud ordeatwyed as aresult oftbe condemnation takbrg; 2) payment ofallreloeaton assiatanco to which Orad Slam maybe entitled;3)aondmredaxupaacyofthep ernisesmmilamdtablereplecamcutfhe itycanbe constmctattof&dHtatareloce6onofOrandSlam'scrosd uousbnsinmoperation;4)tbeemouatof rent, if any, that Grand Slam should be obligated to pay the Eagan EDA during tre mombs of Februarythroneft3 ne30,2007.-the anticipated dateofGmndShmr'srelocationtoitsnewutility; amt 5) payment of Grand Slam's loss of business claim. 12-12.2000 OWN FROM-LEVANDER OILLEN MILLER PA 081 400 7004 T-814 P.004ft FOTO Robert B. Bauer, EK. Page 3 December 12, 2006 In summary, John Va xWAwde and Grand Siam Sports hereby request that the Eagan. SDA allow continued ompancy of tate leasehold premises in the Coda -Me Mall &on& June 30, 2007, as airwru c_ John VandeCiiar4 President Southeast Entertainment Enterprises, Inc. dlbla Grand Slam Sports Jon Hoheosteuy Community Development Director DeAd Item Seq. Dan Wilson, Acquisition & Relocation Cous t ltant Agenda Information Memo Eagan Economic Development Authority Meeting December 19, 2006 F. OTHER BUSINESS _ There is no other business to come before the EDA at this time. zl 1 J;►IUl_ ►M ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 19, 2006 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY CITY ADMINISTRATOR There are no items at this time. PUBLIC WORKS • There are no items at this time. is COMMUNITY DEVELOPMENT Item 2. 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 ZN through M , staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. Item 3. Development / Construction Activity — Per the Council's request, Community Development staff will provide bi-weekly updates of ' -olarger development and construction 1 activity. The current update is enclosed on page . 2$3 • City of Earn Is TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 15, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District st.. Msster Developer Agreement — The termination of the Schafer Richardson Development kVeement is being considered on the EDA Agenda on December 19. • Cedarvale Mall Tenant Relocation — Since the City took possession of the mall on September 1, 2006, tenant relocation continues to move forward. Relocation has occurred or is scheduled for all tenants except Grand Slam and Lifespan. Discussions continue with both and they have indicated that they have located relocation opportunities in Burnsville that they expect to be available in the summer of 2007. Demolition of the mall will be scheduled after those relocation plans are finalized. • Silver Bell Center Remodeling — In addition to the relocation of Cedarvale Barbers, Mike's . Shoe Repair, Cedarvale Tailors and Burton's Frame Shop to Silver Bell Center, the property owner has begun an upgrade of the property's exterior to complement other properties in the redevelopment districL • _ Acquisition and Relocation Plans — Staff and the City Attorney have reached an agreement with Ellingson and Associates to acquire that property. The City has received and is in the process of reviewing an appraisal from Steve Martin, owner of the former Mr. Steak property. Staff is in discussions with the owners of the Mediterranean Cruise, Sinclair Station and Kelly Plourde Sales for possible acquisition of those properties. The petition for the City to acquire All American Recreation has been signed by the court and the City will take possession after the fust of the year. Staff and the City Attorney are negotiating the occupancy agreement with the business at this time. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. • Transit Update — The City Council approved the concept plan for the phased implementation of the Cedar Grove Transit Station approved by the Council at its meeting on November 11. Northeast Eaean Redevelopment District • McGough Office Project — The City Attorney's office has made appraisal based offers for the four remaining properties in the Blue Gentian area and is in discussions with the owner's representatives for their acquisition in advance of an eminent domain action. • Hwy 55 Parcels — DART has submitted a preliminary application for financing assistance and has submitted a draft concept plan for consideration by the City Council and EDA at the workshop on January 9, 2007. A project must be pursued in the next seven months before the five year role is reached. • • Grand Oaks Development — Construction is complete on first office building, retail center and bank building. Construction is nearing completion on the Grand Oak 11 office building on the former site of the TMH building. • TM Relocation Assistance Appeal — The hearing officer has held a conference call with • T1v11 and City representatives and has communicated expectations for a presentation of claims and a hearing in January or February of 2007. Southeast E oan Renovation and Renewal District • Following approval of the subdivision of Red Pine Crossing, the City submitted the request to Dakota County for certification of the District. Ehlers and Associates is reviewing updated financials in anticipation of negotiations of a development agreement with Revestors relative to assistance with extraordinary costs associated with the first phase of the project. 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 11 C • . * City of Bain Yeo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: December 18, 2006 SUBJECT: DevelopmentlConstruction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address Business Name/Type Valuation Tvpe 2750 Eagandale Blvd Coca Cola 159,000 Comm Impr • Development Update ➢ Planning staff recently attended a meeting at the LMC offices to discuss Metropolitan Council density calculations proposed to be applied with the 2008 Comprehensive Plan Update. Information in this regard will be provided as it becomes available. ➢ Planning staff also recently met with Manley Development regarding their property located at the southwest comer of Pilot Knob Road and Buffet Way. As the Council will recall, a La Quinta Hotel was approved earlier this year but that deal did not come to fruition and Manley is now looking at other development opportunities for the site. 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. 280 a rPapmW-axrrae ftpoft t«M12/1&M City of Eajan ma TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 18, 2006 SUBJECT: ADDITIONAL INFORMATION / DECEMBER 19, 2006 CITY COUNCIL MEETING There are no additional information / attachments for the regular City Council meeting agenda. Skinn CUP • Mr. Richard Skinn had a Conditional Use Permit (CUP) heard by the Council at their regular meeting held on December 4, 2006. The item was continued to the February 6, 2007 City Council meeting and Mr. Skinn was encouraged to consider applying for an Interim Use Permit. Mr. Skinn will be at tomorrow night's meeting to approach the Council under Visitor's To Be Heard to request the Council consider his CUP before February. A letter summarizing his request is attached on page 6A . Also refer to page 6 for a review of the December 4, 2006 City Council Minutes. Economic Development Authority Old Business Item I - CEDAR GROVE REDEVELOPMENT DISTRICT — Termination of Core Area Development Agreement with Schafer Richardson — Staff has received �a copy of the Termination M Agreement, executed by Schafer Richardson, enclosed as pages f. �n through 2.jyb Approval of the termination agreement is in order at the Council's discretion. /s/ Thomas L. Hedges • City Administrator • Richard W. Skinn 9330 Elliot Ave. S. Bloomington, MN 55420-3854 December 7, 2006 Sarah Schield City of Eagan Planner 3830 Pilot Knob Road Eagan, MN 55122-1810 To the City of Eagan Council, RECEIVED DEC 0 8 2006 This is a request to re-evaluate a Conditional Use Permit and Variance for 4890 Biscayne Ave. on Lot 1, Block 2, Halley's 1'` Addition. Wensmans Homes, 4870 Biscayne Ave., has received a CUP approval. As the City Council mentioned, buyer beware. It is considered industrial property, which pays high property taxes. • The noise complaint was made by one person, Brent at 545 Spruce St., who did not provide proof. The minimum noise made is far less than the Gun Club, to which Brent belongs. A 6' high privacy fence will be constructed in cooperation with Wensmans Homes to provide a uniform look. The Planning Commission recommended approval for a CUP and Variance for 4890 Biscayne Ave. Sierra Metals informed the Eagan City Council that no outdoor work will be performed. Also the hours of operation will not begin before 8 AM. Sierra Metals has been doing business in Eagan for over six years. They need outdoor storage to continue doing business. Their use has not changed. Suddenly there is a need for a CUP to do the same business they have always done. There isn't any expansion, just their normal outdoor storage of steel. The vacated right of way from Gun Club Road (117d' Street) is being replatted into a single parcel, which will be returned to Mr. Skinn. Thank you for reconsidering and granting approval. • Richard W.Skinn 01 0 THIS TERMINATION OF DEVELOPMENT AGREEMENT ("Agreement') is made this day of 2006, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Mitmesota municipal corporation (the "EDA'); CITY OF EAGAN, a Minnesota municipal corporation (the "City'); and CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation (the "Master Developer'). The EDA, City • and Master Developer are hereinafter collectively referred to as the "Parties." WHEREAS, the Parties entered into a Development Agreement dated January 17, 2006; • a Supplement to the Development Agreement dated January 17, 2006; a First Amendment to the Development Agreement dated May 16, 2006; and a Second Amendment to the Development Agreement dated July 18, 2006 (collectively the "Development Agreement') relating to Tax Increment Financing District No. 1; and WHEREAS, the Parties desire to terminate the Development Agreement and release each other from any further obligations under the Development Agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Master Developer, the Parties hereby covenant and agree as follows: 1. TgRmi rATroN of DEvELormENT AGRm4ENr. The Parties hereby agree that the Development Agreement is hereby terminated in all respects and each party is hereby relieved of any further rights or obligations under the Development Agreement. Z -fl A EAGAN ECONOMIC DEVELOPMENT • AUTHORITY, a Minnesota municipal corporation By Pat Geagan Its: President Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By Pat Mayor a• Its: Mayoryor By Maria Petersen Its: City Clerk CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation By Its L� Z115 • STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this_ day of 2006 by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )as COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this_ day of 2006 by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the • municipal corporation. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The f ego' �r t was acknowledgedore m'Ae this [ day Of. 2006 by the of of Cedar Grove Development Corp., shonnesota oration, on behalf of the corporation. @EMARY�WAN90N sab6m�o}1u:obn Vd72D10 THIS INSTRUMENT WAS DRAFTED BY: • SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-23508) 4 • 2,11D AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING December 4, 2006 6:30 P.M. - I. — ROLL CALL & PLEDGE OF -ALLEGIANCE IL ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) RECOGNITIONS & PRESENTATIONS CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS D. APPROVE July 1, 2006 to July 1, 2007 General Insurance Renewal E. APPROVE 2007 General Legal Services Hourly Rates F. APPROVE 2007 license Renewals for Pet Shops and Kennels G. APPROVE 2007 License Renewal for a Pigeon License for Eric Drenckhahn, 2811 Pilot Knob Rd. H. ADOPTION of Resolution to Submit the 2007 Community Development Block Grant Application to the Dakota County Community Development Agency I. APPROVE Extension for Recording the Final Plat of Red Pine Crossing J. APPROVE a Resolution in Support of Adding the Biothera Property to the Bio -Zone Application for Dakota and Goodhue Counties K. APPROVE Joint Powers Agreement with Inver Grove Heights for Contract 06-01 (TH 149 Upgrade—Street and Utility Improvements) L. ACCEPT Wetland Delineation, Waters Annex M. RECEIVE Feasibility Report and Schedule Public Hearing (January 2, 2007) for Proj ' Joyce Court — Street Overlay) N. RECEIVE Feasibility Report and Schedule Public Hearing (January 2, 2007) for Project 945, (Sheffield Addition — Street Overlay) O. RECEIVE Feasibility Report and Schedule Public Hearing (January 2, 2007) for Project 947, (Fawn Ridge 1" and 2nd Additions — Street Overlay) P. APPROVE Easement Agreement for Parcel 10-30601-050-00, Project 778 (TH 149) Q. APPROVE Cost Participation Agreement with Dakota County (Yankee Doodle Rd— Corridor & Access Management Study) R. APPROVE Final Payment for Contract 05-03, Well #21 (Development & Pumping Equipment) S. APPROVE Renewal of Heart Healthy Living Program Agreement for Eagan Community Center T. APPROVE Lease with Burnsville Eagan Community Television U. APPROVE Resolution regarding Policies and Procedures Governing the Receipt and; Review of Applications for Additional Cable Franchises V. APPROVE Resolution Stating Opposition to Legislative Proposals that Remove Cable Television System Build -Out Provisions From Chapter 238 of Minnesota State Law W. APPROVE Extension for recording the final plat of Oakview Center 2nd Addition X. AUTHORIZE Preparation of Feasibility Report for Project 950 (Opperman Drive & TH 149 -Intersection Reconfiguration PUBLIC HEARINGS A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2007 — TRUTH IN TAXATION HEARING B. EASEMENT VACATION — Vacate Public Drainage and Utility Easement (Lot 1, Block 1, Centennial Ridge 2nd Addition — Lena Court) C. EASEMENT VACATION — Vacate Public Drainage and Utility Easement (Lots 1 and 2, Block 1, Silicon Graphics 1" Addition) D. PROJECT 776, Final Assessment Hearing, Yankee Doodle Road (Street Improvements) E. PROJECT 877, Final Assessment Hearing, Lexington Avenue (TH 55 — Lone Oak Road) F: PROJECT 928, Final Assessment Hearing, AlexanderRoad / Meadowview Road (Street Improvements) VI. OLD BUSINESS VII. NEW BUSINESS P, Ioz. A. P.13Z C. CONDITIONAL USE PERMIT and VARIANCE — Sierra Metals, Inc. — Richard Skinn — A Conditional Use Permit to allow outdoor storage of oversized steel and a recycling container and a Variance from the required setbacks located at 4890 Biscayne Avenue on Lot 1, Block 2, Halley's 1" Addition. CONDITIONAL USE PERMIT and VARIANCE — Wensmann Homes — A Conditional Use Permit to allow outdoor storage of a fuel tank and a Variance from the required setbacks located at 4870 Biscayne Avenue on Lot 3, Block 2, Halley's 1" Addition. ORDINANCE AMENDMENT — City of Eagan — An Ordinance Amendment to Chapter 11, Subd. 11.70 in regards to signage constructed / erected without permit. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda I► �! IL f (� C. Approve Minutes D. Old Business Q 115 I. CEDAR GROVE REDEVELOPMENT DISTRICT — Direction regarding the Core Area Redevelopment Agreement with Schafer Richardson. E. New Business F. Other Business v� 15 -7 GG. Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XHI. 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 Eajan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 19 2006 SUBJECT: AGENDA INFORMATION FOR DECEMBER 49 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 4, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 4, 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 furtherdetail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE NIINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 21, 2006 regular City Council meeting and November 21, 2006 Special City Council meeting as presented or modified. ATTACHMENTS: • M,1'nutes of the November 21, 2006 regular City Council meeting are enclosed on pages �%5 through • Minutes of the November 21, 2006 Special City Council meeting are enclosed on pages 7 through ___L. MINUTES OF A REGULAR MEETING OF THE AN EAGAN CITY COUNCIL /� Eagan, Minnesota November 21, 2006 A Listening Session was held prior to the regular City Council meeting on November 21, 2006 in the Eagan Room. David Domack, Dick's Sanitation, discussed a request for a temporary variance from the trash pick up schedule in order to accommodate a client that has requested single sort recycling service. After discussion with staff, Council directed that an ordinance amendment that would address such a request be drafted and presented for future review. It was also suggested that an informational meeting be held with other licensed haulers. Representatives of MICAH were present. Barbara Brooks, member of the Board for MICAH made a presentation recognizing the efforts of the City of Eagan in regard to affordable housing. A regular meeting of the Eagan City Council was held on November 21, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Fields, Tilley, and Maguire. Councibnember Carlson served as Acting Mayor in the absence of Mayor Geagan. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Bob Bauer, Assistant City Engineer John Gorder, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Tom announced that a closed session would be held after the regular meeting. Councilmember Fields moved, Councihnember Maguire seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATIONS Deputy Clerk Pepper administered the Oath of Office to newly hired Police Officers David Streefland and Mark Kritzeck. CONSENT AGENDA Councihnember Tilley moved, Councihnember Maguire seconded a motion to approve the consent agenda as amended. Aye:4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 9, 2006 regular City Council meeting as presented B. Personnel Items. 1. It was recommended to approve the promotion of Roger New from Police Sergeant to Lieutenant. 2. It was recommended to approve the promotion of Steve Bolluyt from Police Detective to Sergeant. 3. It was recommended to approve the retention of Blue Cross / Blue Shield as the City's health insurance provider for calendar year 2007. 4. It was recommended to approve the retention of Delta Dental as the City's dental insurance provider for calendar year 2007. 5. It was recommended to approve the retention of America's VEBA Solutions to perform the administration services for operation of the High Deductible/VEBA insurance plan and to administer the City's flexible spending plan for calendar year 2007. C. Check Registers. It was recommended to ratify the check registers dated November 9, 2006 and November 16, 2006 as presented D. Purchasing Cards It was recommended to authorize the City Treasurer to complete application to US Bank for issuance of One Card VISA purchasing (credit) cards. E. Community Landfill Abatement Funds. It was recommended to approve the submission of the 2007 Funding Application from Dakota County to operate a Recycling Program for the cities of Eagan, Apple Valley and Burnsville. 3 Eagan City Council Meeting Minute's November 21, 2006 Page 2 ®RAFT F. Premise Permit. It was recommended to approve the Premise Permit renewals for Mendota Heights — -- Athletic Association to conduct pull -tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda de Los Lobos, 3665 Sibley Memorial Highway. G. Premise Permit. It was recommended to approve a Premise Permit for the Burnsville Hockey Club to conduct pull -tab operations at Timeout Restaurant and Sports Bar, 2864 Highway 55. H. Proiect 946. It was recommended to receive the Draft Feasibility Report for Project 946, Thomas Center Drive — Street Improvements / Thomas Lake Road Trail Improvements and schedule a public hearing to be held on December 19, 2006. I. Proiect 948. It was recommended to receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. J. Project 949. It was recommended to receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. K. Proiect 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-22465-030-01 and authorize the Mayor and City Clerk to execute all related documents. L. Park Dedication Fees. It was recommended to approve an amendment to the method of calculating Park Dedication for Commercial/Industrial developments, consistent with recent Legislation. M. Liquor License Renewals. It was recommended to approve the renewals of existing liquor licenses for 2007, subject to review of applications, payment of fees and Police Department reviews. PUBLIC HEARINGS PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 ASSESSMENT PUBLIC HEARING . This item was rescheduled for December 4, 2006. PROJECT 942, DEERWOOD DRIVE (BLACKHAWK TO PILOT KNOB ROAD) STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Deerwood Drive, Blackhawk Road to Pilot Knob Road. Assistant City Engineer Gorder gave a staff report. Acting Mayor Carlson opened the public hearing. Two area residents expressed concern over the volume and speed of traffic, and construction traffic on Deerwood Drive. There being no further public comment, Acting Mayor Carlson closed the public hearing and turned discussion back to the Council. Councihnembers discussed and agreed on the use of electronic speed signs and a 30 foot choker to slow traffic. Councibnember Fields moved, Councilmember Tilley seconded a motion to approve Project 942 (Deerwood Drive, Blackhawk Road to Pilot Knob Road — Street Improvements) and authorize the preparation of detailed plans and specifications. Aye:4 Nay: 0 PROJECT 943, WESCOTT ROAD (PILOT KNOB ROAD TO DENMARK AVENUE) . STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Wescott Road, Pilot Knob Road to Denmark Avenue. Assistant City Engineer Gorder gave a staff report. Acting Mayor Carlson opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes November 21, 2006 Page 3 ®RAF r Councibnember Tilley moved, Councilmember Fields seconded a motion to approve Project 943 (Wescott Road, Pilot Knob Road to Denmark Avenue — Street Improvements) and authorize the preparation of detailed plans and specifications. Aye:4 Nay:0 OLD BUSINESS RECEIVE AND APPROVE THE PATRICK EAGAN PARK MASTER PLAN City Administrator Hedges discussed this item regarding the Master Plan for Patrick Eagan Park. Parks and Recreation Director Johnson made a presentation regarding the plan. Council stated, and requested that it be recorded in the minutes, that they want Patrick Eagan Park to remain a natural park. Councilydember Fields moved, Councilmember Tilley seconded a motion to receive and approve the Patrick Eagan Park Master Plan. Aye: 4 Nay: 0 NEW BUSINESS PRELIMINARY SUBDMSION (DEWITT ADDITION)—RICHARD DEWITT City Administrator Hedges introduced this item regarding a preliminary subdivision of 0.69 acres to create two single family lots for property located at 2804 Vilas Lane. City Planner Ridley gave a staff report. City Attorney Bauer discussed the obligation of Council to approve applications that meet all the criteria outlined in the City Code. Richard Dewitt, applicant, discussed the proposed subdivision. He also noted that a covenant for the development had expired. Three area property owners expressed their opposition to the proposed subdivision. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision of 0.69 acres to create two single family lots for property located at 2804 Vilas Lane in the NW 'h of Section 3, subject to.the following conditions: Aye: 4 Nay: 0 1. The property shall be platted. 2. This development shall be responsible for a cash park dedication. 3. This development shall be responsible for a cash trails dedication. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 6. Grading for the house construction on Lot 2 shall be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). 7. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. ORDINANCE AMENDMENT CITY OF EAGAN City Administrator Hedges introduced this item regarding proposed modifications to Chapter 1 I regarding window signage. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve modifications to Chapter 11 as it affects window signage (with 20% maximum window coverage) and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 4 Nay: 0 5 Eagan City Council Meeting Minutes ®R q F November 21, 2006 • ` i� Page 4 - -- - - LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. ADMINISTRATIVE AGENDA Councihnember Maguire moved, Councihnember Tilley seconded a motion to reschedule the December 11, 2006 Council retreat to time to be determined. VISITORS TO BE HEARD Several residents of Inver Grove Heights requested that a barricade at White Pine Way be removed, at least temporarily until construction in the area resumes. Councihmembers indicated they had made a commitment to Eagan residents in that area to keep the barricade in place until 75 percent of the homes are owner occupied. They 5uther stated they would reconsider the matter if the Eagan residents notified the Council that they were interested in having the barricade removed. Councihmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:50 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 MEETING NOVEMBER 21, 2006 4:00 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Acting Mayor Carlson, Councilmembers Fields, Maguire, and Tilley. Mayor Geagan was absent due to being hospitalized for scheduled surgery. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert, Director. of Parks and Recreation Johnson, and Fire Chief Scott. I. ROLL CALL AND AGENDA ADOPTION Acting Mayor Carlson called the meeting to order. Councilmember Tilley moved; Councilmember Maguire seconded a motion to adopt the agenda reversing the order of Agenda item Ill, Yankee Doodle Road Access Management Study — Options and Preferred Alternative Presentation, and Agenda item IV, Community Development Block Grant Allocation for 2007. Aye: 4; Nay: 0 H. VISITORS TO BE HEARD There were no visitors to be heard. IH. COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2007 City Administrator Hedges introduced this item and provided background on the City's participation in the Community Development Block Grant (CDBG) program with other cities through the Dakota County CDA. Director of Community Development Hohenstein explained the staff information noting that the CDBG application is due in mid-December for the fiscal year beginning July 1, 2007. He reported a tightening of the reporting obligations for HUD regarding eligibility criteria and the potentially onerous requirements related to certain uses. Director Hohenstein noted that seniors have an assumed eligibility so dollars used for senior programming are not subject to the same onerous reporting requirements regarding proof of eligibility. He outlined the staff recommended uses of the available funding of $214,500 as contained in the background material including $35,000 for senior programming and three line items related to the Cedar Grove Redevelopment; $102,000 for property acquisition, $27,500 for relocation, and $50,000 for demolition. Director Hohenstein informed the City Council about the relative ease of later transferring dollars among budgeted accounts as minor amendments compared to the more difficult process of a major amendment if dollars are shifted to new activities. He also explained how certain of the requirements and cash flow mechanics related to low and moderate income eligibility would be addressed as redevelopment proceeds in Cedar Grove. The City Council questioned and discussed budgeting the use of $35,000 to provide additional services/programming to seniors at the Eagan Community Center. Director of Parks and Recreation Johnson noted that the proposal is an expansion of senior programming beyond what is currently in place in an. attempt to meet the needs of a specific senior demographic that is currently not able to take advantage of the Community Center and today's available programming. The expanded service to seniors is also an element of the recently completed 20/20 Vision. This budget allocation would help provide start up dollars e.g. marketing and subsidize required break even pricing for class offerings until the specific programs became successful or were discontinued because they did not become self sufficient. CDBG dollars cannot be used as replacement funding for existing . programs. The City Council expressed concerns about subsidized start up programs that raise expectations and make subsequent elimination very problematic. The City Council reached a consensus to leave the CDBG budget proposal as presented by staff. The allocation to the senior programming is to be looked at as a pilot program, monitored and reported quarterly to the City Council, advertised with appropriate disclaimers noting the requirement of self sufficiency or it will be eliminated. Formal consideration of the CDBG budget is to be scheduled for action on the December 4, 2006 City Council Agenda. IV. YANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY — OPTIONS AND PREFERRED ALTERNATIVE PRESENTATIONONS City Administrator Hedges introduced this item and presented background information regarding the purpose of the study, steps that have taken place to date, and future activities that will ultimately result in County and City capital improvement programming to implement the necessary improvements. Director of Public Works Colbert outlined four items that were specific drivers in undertaking the study including: 1) projected traffic volumes on County Road 28, 2) increased crash rates, 3) potential additional development along the corridor; and 4) the required coordination of the County and City CIP programming. Director Colbert introduced Kristi Sebastian, Dakota County Traffic Engineer and Frank Loetterle of SRF Consulting Group Inc. as participants in the study and noted that they would present additional information. He further explained the three key principles of safety, mobility and accessibility behind the study recommendations and how they must be balanced to arrive at mutually acceptable solutions. Ms. Sebastian provided additional background and stated that the study group is preparing for the P public open house showing on December 7 at which time they will display the preferred alternatives for each of the three segments of the roadway. The segments are defined as: Denmark Avenue to Lexington Avenue (West Segment), Lexington Avenue to Mike Collins/Ivy Lane (Middle Segment) and Mike Collins/Ivy Lane to Dodd Road (East Segment). Mr. Loetterle explained the issues being experienced or likely to be experienced by the traveling public, options considered as potential solutions by the study team in each of the segments along with the advantages and disadvantages of each. He further explained the preferred alternate for each segment as arrived at by the project study team. rnatives include the following: No access changes to intersection of Lexington Avenue and Yankee Doodle Road Widening of Yankee Doodle Road to 64anes throughout entire segment Signal phasing and intersection improvements at the intersection of Denmark Avenue and Yankee Doodle Road The study team preferred alternate is 2-W which includes the following: • At Yankee Place: o No left turns from Yankee Place to Yankee Doodle Road o Right turns in and out are allowed • At Promenade Avenue: o New two-phase traffic signal to control left turns on eastbound Yankee Doodle Road o Eastbound traffic does not stop at intersection o Westbound traffic must stop to allow eastbound left turns o Left turns from Yankee Doodle Road onto Promenade allowed, but left turns from Promenade onto Yankee Doodle Road restricted At O'Leary Lane: o Right turns in and out only allowed At Denmark Avenue and Town Center Drive: o Left turns restricted from southbound Denmark to eastbound Town Center Drove All alternatives include the following: • No access changes at the intersection of Lexington Avenue and Yankee Doodle Road • Widening of Yankee Doodle Road to 6 -lanes through the intersection of Lexington Avenue and Yankee Doodle Road • No access changes at Wescott Square The study team preferred alternate is 2-M which includes the following: • At Discovery/Golfview Drive: o No left turns from Discovery or Golfview to Yankee Doodle Road o No crossing Yankee Doodle Road between Discovery and Golfview o Right turn's in and out are allowed • At Columbia/Wescott Woodlands: o New traffic signal o New roadway constructed to connect Discovery Drive and Columbia Drive o New driveway access to industrial site * This alternative assumes a public road connection between Discovery Road and Columbia Drive. No specific alignment has been selected. Additional engineering studies are required to determine the exact location. A] All alternatives include the following: • The intersection of TH 149 (Dodd Road) and Yankee Doodle Road will remain as a full -- - : - access signalized intersection for each alternative The study team preferred alternate is a modified 2-E which now includes the following: • At Mike Collins/lvy Lane: o Right turns in and out from Ivy Lane and Mike Collins only are allowed • An extension of Borchert Lane from Mike Collins Drive to TH 149 • At Elrene Road: o New traffic signal to accommodate full turning movements • At existing Gopher Resources and Commons (LoNidy Addition) entrances: o Right turns in and out are allowed at north entrance o South entrance closed o Full access will be provided by a new road connecting south Gopher Commons (LoNidy Addition) to the new intersection at Elrene Road The City Council expressed concerns about traffic issues in the Promenade area where the private road accesses Denmark. Mr. Loetterle suggested that a site circulation study may be necessary to determine potential solutions, although intersection modifications and changes to the signal sequencing at Denmark and Yankee Doodle Road should help the current situation. Director Colbert noted future steps include the 3rd open house, discussion by the Dakota County Physical Development Committee, the City Council again on December 19, 2006 and the Dakota County Board next January. Any City comments should go to the Dakota County Physical Development Committee for their consideration. The desired outcome is for the City and County to agree on preferred alternatives for adoption and incorporation into future improvements. The City Council asked that future materials include larger graphics for only the preferred alternatives along with the key to define the map markings. It was explained that most public comments concern having less direct access to Yankee Doodle Road and a decrease in mobility on the roadway. The comments are all being considered in light of balancing the three parameters of safety, mobility, and accessibility. The assumptions used in the study project growth over a 20 year time horizon and incorporate the assumption that the ring road will be built. The Northwood Parkway Bridge over 35E is a key component of this planning and would also help the Denmark concerns discussed earlier. When Director Colbert asked if the City Council had any comments to forward to the County Board, the Council indicated an informal concurrence with the recommended alternatives (#2) for the Middle and East Segments and wanted to give more thought to the West Segment. Director Colbert explained that all exhibits are available on the Dakota County Website for public viewing: ice — V. DIFFLEY PEDESTRIAN TUNNEL City Administrator Hedges presented the background information and the request to add the item to the agenda for this meeting. He also noted the additional material that had been sent out on Monday providing additional information on consideration of this request by the APrC in the fall of 2005. The City Council discussed the changes in operation of the property and Art Park since the time -of the original tunnel agreement and today. After additional discussion including comments from Tony Caponi and Cary Felbab, Chairman of the Caponi Art Park Learning Center Board of Directors, further review of the request was directed to the City Council's Public Works Committee to develop costs/alternatives and recommendations for the full City Council. The City Council acknowledged certain problems and challenges with current operations, but expressed an interest in maintaining the public purpose aspects of the tunnel and access to the total park. The City Council also requested an aerial view of the site to help define existing trails and access. There was no other business. VI. OTHER BUSINESS VII. ADJOURNMENT At 5:38 p.m.Councilmember Fields moved; Councilmember Maguire seconded a motion to adjourn. Aye: 4; Nay: 0 Agenda Information Memo December 4, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Recreation Program Supervisor— ACTION TO BE CONSIDERED: To approve the hiring of Julie Anderson as a part-time recreation program supervisor effective January 1, 2007. Item 2. Part-time Clerical Tech HI/Police— ACTION TO BE CONSIDERED: To approve the hiring of Elizabeth Bentson as a part-time Clerical Tech III in the Police Department. B. Item 1. Ratify Teamsters Maintenance Contract — ACTION TO BE CONSIDERED: The City and the Teamsters Maintenance Union have a tentative agreement for the 2007 labor contract. The contract is now prepared and ready for ratification. FACTS: ■ The Maintenance Collective Bargaining Unit met on November 15, 2006 to vote on the City's last best offer. The vote was affirmative to accept the City's offer for the 2007 Bargaining Agreement. It is now appropriate for the Council to formally approve the contract for 2007. The City offered the following: 1) Medical Insurance Reform for 2007 (see contract language for details). 2) With the Union accepting insurance reform, the City agreed to a 3.5% increase in wages from 2006 to 2007.3) With regard to compensatory time balance; the City agreed to allow the banked amount of compensatory time to increase from 40 hours to 48 hours. The accrual rates did not change, and per their contract, the 48 hours must be used by the end of the year or it will be automatically cashed. Agenda information Memo December 4, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 23, 2006 and November 30, 2006 as presented. ATTACHMENTS: • Check registers dated November 23, 2006 and November 30, 2006 are enclosed without page number. Agenda Information Memo December 4, 2006 D. APPROVE 7-1-06 TO 7-1-07 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7-1-06 to 7-1-07 FACTS: ➢ The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Mark Julik and Ann Stanton of Arthur J. Gallagher & Co., the City's insurance representative. ➢ General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. ➢ Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only one quote from the LMCIT to present to the City Council for consideration. ➢ The insurance renewal is being presented to Council five months into the renewal period due to LMCIT processing delays. Appropriate coverage was bound and has been maintained during the past five months. ➢ The total premium is up 2.8% from the prior year as shown below. Changes in premiums from the prior year result from a combination of rate changes and experience factors. A detailed explanation of changes is not included in this packet, but is available upon request from the City Administrator's office. Increase Coveraue 2006/2006 2006/2007 Amount Percent Property $ 119,149 $ 129,619 $ 10,470 8.8% Municipal Liability 196,083 196,687 604 0.30/6 Auto Liab & Damage 67,629 68,129 500 .0.7% Mobile Property 10,945 9,912 (1,033) -9.40/6 Blanket Bond 2,422 2,192 (230) -9.50/6 Petrofund " 794 - (794) -100.00/0 Open Meeting Law 2,716 2,755 39 1.40/6 Boiler & Machinery 13,705 15,821 2,116 15.4% AD&D - Firefighters 2,187 2,272 85 0.04 Total premiums $ 415,630 $ 427,387 $ 11,757 2.8% `The premium for Petrofund Liability is now included within the General Liability premium by the LMCIT. The coverage, basically related to spills or leakage from City owned tanks, does not change with the revised pricing arrangement. ATTACIIl"NTS (0) Agenda Information Memo December 4, 2006 Eagan City Council Meeting E. APPROVE 2007 GENERAL LEGAL SERVICES HOURLY RATES ACTION TO BE CONSIDERED: To approve the 2007 General Legal Services Hourly Rates. FACTS: Each year as part of the budgeting process consultant rates are reviewed and incorporated into the operating budgets. The 2007 General Legal Services Hourly Rates for work provided by the firm of Severson, Sheldon, Dougherty & Molenda, P.A. are proposed to increase by 3% from the 2006 rates. Utilization of these consulting services is monitored by staff and invoices are reviewed monthly. ATTACHMENTS: Enclosed on page � is a copy of the letter from the firm requesting the change in rates and summarizing the various billing categories. LARRY S. SEVERSON IAMBS R sH5,DON MICHABLO. DOU()HBRTY` MICHAEL & MOLENDA* LOREN M. SOLFEST `t SHARON K. HILLS ROEERT $. BAUIDI` TERRENCE A. MERRITrt November 15, 2006 SEVERSON,SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 60D 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124.75M (952)432-3136 TELEFA`x NUMBER (952) 432.3780 wwwxevem*nskldon.eom City of Eagan Atter: Tom Pepper, Chief Financial Officer 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Attorneys' Fees - 2007- Dear 007Dear Tom: AM49M M. MARGARIf STEPHEN A. LING` GARY L. HUUSKO KRLSTINE K. NOOOSEK CHRISTINE L CAWEL LWS* MICHAEL D. KL.EMM#` EMILY FOC Wn LIAMS MATTHEW L SCHAAP THOMAS R. DONELY JESSICA 4 SANBORN RYAN L BIBS We are requesting the following fees with respect to the work provided to the City by our offices for the year 2007. G� ant zmwd Paralegal Raft $75.50 $ 77.75 General Legal Work $124.00 $127.75 Development Work $190.50 $196.25 Council & APC Meetings $393.00 $404.75 Please note that the rate charged to applicants under Deposit Agreements and Development Projects needs to be adopted by City ordinance and therefore should be included in any rate adjustments to the City's fees for the year 2007. Please again express to the City Council and staff our sincere appreciation for the opportunity to provide legal services to the City. If you have any questions, please give me a call. G. MOD/jk cc: Tom Hedges, City Administrator INDIVIDUALATIORNM ALSOLICEIGED INIOWA, WISCONSIN. SOUM DAKOTA AND MISSOURI -MSBA BOARD CBRfQ4HD REAL PROPEM SPBMALIST I i,,�) Agenda Memo Regular City Council Meeting December 4, 2006 CONSENT AGENDA: F. 2007 License Renewals for Pet Shops and Kennels ACTION TO BE CONSIDERED: Approve 2007 kennel and pet shop license renewals subject to payment of fees and compliance with requirements of the application. FACTS: Pet Shop and Kennel Licenses run from January 1 to December 31 The following pet shop licenses are due for renewal in 2007: Wet World, 3390 Coachman Road Wal-Mart Store, 1360 Town Centre Drive Petsmart, Inc., 1297 Promenade Place The following kennel licenses are due for renewal in 2007: Four Paws Pet Resort, 4020 Old Sibley Memorial Highway Peanut's Place, 1248 Town Centre Drive Lesley Tscherne, 3812 Blackhawk Ridge Place Angel's Pet Sanctuary, 4940 Dodd Road ATTACHMENTS: None The applications are available for review in the Administration Department Agenda Memo- - _ Regular City Council Meeting December 4, 2006 CONSENT AGENDA: G. 2007 Pigeon License Renewal for Eric Drenckhahn, 2811 Pilot Knob Road ACTION TO BE CONSIDERED: Approve 2007 License to Harbor Carrier / Homing / Racing Pigeons for Eric Drenckhahn, 2811 Pilot Knob Road. FACTS: • Pigeon Licenses run from January 1 through December 31 • The only such license is held by Eric Drenckhahn and is due for renewal .. Mr. Drenckhahn was issued his original license October 17, 2006 • All requirements of the application have been met and staff recommends approval ATTACHMENTS: None The application is available for review in the Administration Department Agenda Information Memo December 4, 2006 Eagan City Council Meeting H. ACTION TO BE CONSIDERED: To adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2007 to the Dakota County Community Development Agency. FACTS: • The CDBG fiscal year begins July 1. The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet CDBG Program regulations. • Eagan's FY 2007 available funding amount will be approximately $214,500. • At its workshopmeeting of November 21, 2006, the City Council reviewed a range of options and gave direction to allocate $179,500 to property acquisition, relocation and demolition for blight removal activities and low and moderate income benefit in the Cedar Grove Redevelopment Area, and $35,000 to senior services. • The Dakota County CDA administers the CDBG program and will review and forward the City's desired funding allocations to HUD for approval. ATTACHMENTS: • 2007 CDBG Allocation Budget on page 20 • Resolution on page City of Eagan 2007 Proposed Community Development Block Grant Fund Budget Original Original Original Original Proposed udaet 03 Budaet 04 Budget 05 Budget 06 Budget 01 :edar Grove Redevelopment Cedar Grove Property Acquisition $231,418 $246,969 Relocation Demolition Swap with HOME Funds - Scattered Site CGD LMI $101,100 $151,000 $102,000 Slum/Blight $27,500 $27,500 $27,500 LMI $50,000 LMI $100,000 Youth and Family Development Services General Programming 10,904 11,000 10,900 $11,000 Camelian Park improvements $25,000 Senior Services $35,000 LMI Total $242,322 $257,969 $239,500 $214,500 $214,500 Total LMI $112,500 %LMI 52% Available Funding (Approximate) $214,500 A RESOLUTION APPROVING THE APPLICATION OF THE -- CITY -OF EAGAN, MN FOR FISCAL YEAR 2007 DAKOTA COUNTY .COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING WHEREAS, the City of Eagan, MN of is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2007 (ending June 30, 2008); and WHEREAS, the Dakota County CDA is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested FY07 CDBG applications to be submitted by December 15, 2006 based on a district formula allocation of. funds approved in the 1984 Community Development Implementation Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, MN hereby approves the following: 1. The FY07 CDBG application is approved by the City Council, and the City Administrator is authorized to execute it on behalf of the City of Eagan. 2. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf of the city, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. This resolution was adopted by vote of the on the _ day of 2006. [Mayor or Board Chair] Attested this day of [Title] Agenda Information Memo December 4, 2006, Eagan City Council Meeting I. EXTENSION NOH KL UU"UNls ruNeu, rL[t11 — ACTION TO BE CONSIDERED: To approve a 90 -day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE '/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on October 17, 2006. The plat is required to be recorded within 60 days of approval. ➢ The applicant has submitted a request for a 90 -day extension of the final plat approval. ➢ The current requested 90 -day extension would allow until March 16, 2007 for the plat to be recorded. ➢ The applicant has indicated they expect to begin construction in Spring 2007 and will not be closing on their loan until then. The letter of credit required by the City prior to recording the plat will be available following the loan closing. ATTACHMENTS (1): Letter from Tim Anderson, Revestors Companies, page 23 rim irrc'eSTOR:s. *,r>Ell ROJI6Ur5 November 13, 2006 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Red Pine Crossing — Final Subdivision Dear Pam, We understand the deadline for recording the final plat for the approved Red Pine Crossing subdivision is December 19, 2006. Since our Letter of Credit will be available following the loan closing and we don't plan to close the loan until we start construction in the spring, we are requesting a 90 -day extension for the final plat to be recorded at Dakota County. Enclosed is a check for the $75.00 extension fee. Please let me know if you have any questions. Best regards, Tim Anderson Cc: Quinn Hutson, CNH Architects . <nnn r„,:, ;v f ,,arl 42 \nrpst• Suite 7,00 Burnsviiie. 114N 553.37 Z5 Phone: 952.895.6111 cs rn i l s: 952.895.6900 _Agenda Information Memo Eagan City Council Meeting December 4, 2006 Consent Agenda L APPROVE A RESOLUTION IN SUPPORT OF ADDING THE BIOTHERA PROPERTY TO THE BIO -ZONE APPLICATION FOR DAKOTA AND GOODHUE COUNTIES. ACTION TO BE CONSIDERED: To Approve a Resolution in support of adding the Biothera property at 3388 Mike Collins Drive to the Bioscience Zone application from Dakota and Goodhue Counties. FACTS: ➢ At its meeting on September 26, 2006, the Eagan City Council approved a resolution supporting and identifying specific areas in the City of Eagan to be included in an application for a Bioscience Zone for properties in Dakota and Goodhue Counties. ➢ The application to establish a Bioscience Zone was prepared for submission to the Minnesota Department of Employment and Economic Development via Dakota Future and the City of Rosemount, with the Dakota County CDA as zone administrator. Designated properties in Eagan are considered a sub -zone to this application. ➢ The Eagan portion of the application included the Ecolab property and surrounding or adjacent vacant or underutilized properties located within the Hwy 55/Lone Oak Road area. ➢ Biothera is a recognized and growing biotechnology company located in Eagan who's primary focus is developing immunotherapy drugs that work together with other pharmaceuticals to enhance the treatment of cancer and infectious diseases. ➢ The State Department of Employment and Economic Development suggested that Biothera's property located at 3388 Mike Collins Drive should be included in Eagan's property designation list. ➢ The application requires a resolution from the City of Eagan supporting the addition of the Biothera property. ATTACHMENTS: Draft Resolution on page 25 Map of revised Eagan sub -zone properties on page 210 CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. WHEREAS The City of Eagan, at its meeting held on the 261h day of September, 2006 approved specific areas in the City of Eagan to be included in an application for a Biescience zone for properties in Dakota and Goodhue Counties and encouraged the Minnesota Department of Employment and Economic Development to approve the Bioscience Zone Application being submitted through Dakota Future by the City of Rosemount as applicant with the Dakota County CDA as zone administrator. WHEREAS Biothera is a recognized and growing biotechnology company located in Eagan who's primary focus is developing immunotherapy drugs that work together with other pharmaceuticals to enhance the treatment of cancer and infectious diseases. WHEREAS Biothera's property located at 3388 Mike Collins Drive was not included in the original property designation list in the Bioscience Zone application for Dakota and Goodhue Counties. THEREFORE, BE IT RESOLVED that the City of Eagan supports the addition of property located at 3388 Mike Collins Drive (Biothem Property) to the Dakota -Goodhue County Bioscience Zone application previously submitted by the City of Rosemount and Dakota Future on behalf of participating communities. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: 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 4th day of December, 2006. Maria Petersen, City Clerk 2.5 % i INVLK IL . .. . ....... - GR RIM �l f IYO s S V, 15 -1' A Rd WO Tr, ZUZ. ELM IF5 iF rry AW W, Ij others ParcelBI r A,. u T Gal Proposed Bioscience Zone Areas/PropertiesProposed Bioscience Zone Aress/ProPertles mmmommmiles City of Eagan -Revised 11-17-06 Agenda Information Memo December 4, 2006 Eagan City Council Meeting ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement for Project 778 (Trunk Highway 149 — Street Upgrade) with the City of Inver Grove Heights and authorize the Mayor and City Clerk 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 currently being reviewed and approved by MnDOT staff. The acquisition of right-of-way and easements from 42 properties is proceeding in anticipation of construction in 2007. Cost participation for the construction of Project 778 will include three public agencies; MnDOT, Eagan and Inver Grove Heights. The City of Eagan is the project lead agency for execution of the construction contract and related payments to the contractor. Therefore, it is necessary for the City to enter a Joint Powers Agreement with the City of Inver Grove Heights to receive payment from Inver Grove Height's for its share of the construction and easement acquisition costs. MnDOT has encumbered $2,161,800.00 for their contribution to the construction of Project 778. A portion of this sum, $494,150.00, has been designated to a segment of TH 149 within the limits of Inver Grove Heights. This agreement will allow Eagan, as the project lead agency, to manage this designated funding. An agreement between the City of Eagan, City of Inver Grove Heights and MnDOT for the construction and financing of Project 778 has been prepared which provides for the easement acquisition and contract management, including contractor payments, construction inspections and change orders. City staff have reviewed this agreement and found it to be similar to other cost participation and cooperative construction agreements and in order for favorable Council action. The Inver Grove Heights City Council approved the agreement at their regular Council meeting of Nov. 27, 2006. 27 Agenda Information Memo December 4, 2006 Eagan City Council Meeting L. WETLAND DELINEATION — WATERS ANNEX ACTION TO BE CONSIDERED: Receive and affirm the Wetland Delineation Report for the proposed Waters Annex development. FACTS: • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LOU) is responsible for wetland -related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. _ • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland -related decisions have resulted in administrative .procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A delineation report acceptable to the City in 2000 was submitted as part of a previous proposal on this parcel (i.e., Silicon Graphics) that was cancelled. • At its April 17, 2006 meeting, the Advisory Parks Commission recommended approval of an updated wetlands delineation report, pending its acceptability to the water -resources coordinator. • On May16, City Council approved a preliminary planned development and preliminary subdivision subject to the condition that the developer shall submit an updated wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. • On August 9, the City received a wetland delineation report from the developer (Alliant Engineering Proj. 4040110). The Water Resources Coordinator has field verified and confirmed the delineation in favor of approval. The wetland is not proposed to be impacted by draining, filling or excavation. E Agenda Information Memo December 4, 2006 Eagan City Council Meeting M PROJECT 944 KILLDEER ADDITION (JOYCE COURT) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 944, Killdeer Addition (Joyce Court — Street Improvements) and schedule a public hearing to be held on January 2, 2007. FACTS: • A structural mill and overlay of Killdeer Addition (Joyce Court), located in northeast Eagan is programmed for 2007.in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for this proposed improvement. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • .A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 2, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo December 4, 2006 Eagan City Council Meeting N PROJECT 945 SHEFFIELD ADDITION (SUDBERRY LANE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 945, Sheffield Addition (Sudberry Lane - Street Improvements) and schedule a public hearing to be held on January 2, 2007. FACTS: • A structural mill and overlay of Sheffield Addition (Sudberry Lane), located in southeast Eagan is programmed for 2007 in the City of Eagan's 5 -Year CIP (2007- 2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for this proposed improvement. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 2, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. CID Agenda Information Memo December 4, 2006 Eagan City Council Meeting O. PROJECT 947 FAWN RIDGE 1sT/ 2ND ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 947, (Fawn Ridge 1,,/ 2"d Additions - Street Improvements) and schedule a public hearing to be held on January 2, 2007. FACTS: • A structural mill and overlay of Fawn Ridge 15` & rd Additions, including the streets of Fawn Ridge Trail, Whitetail Way, Reindeer Lane, Caribou Lane, and a portion of North Hay Lake Road, located in southeast Eagan is programmed for 2007 in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for this proposed improvement. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 2, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo December 4, 2006 Eagan City Council Meeting Y PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-30601-050- 00 and authorize the Mayor and City Clerk. to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four - lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes 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. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the ponding and utility easements for this property initially indicated a value of about $243,000. An offer was accordingly forwarded to the property owners. The property owners responded by providing additional detailed information regarding the full impacts of the proposed pond construction activity to their property. The impacts included the loss of numerous trees and buffering of their industrial facility from adjacent properties. • The property owners intended use of the impacted property is to provide buffering of their heavy industrial building and activities from the adjacent properties (officetwarehouse and single-family residential). The proposed construction impacts requiring an easement would remove much of the existing and future screening per the plans. The owners have expressed a strong desire in maintaining and increasing this buffer of trees. • A review of the previous appraisal has indicated a likely increase in the resulting impact to the property due to the construction activity within the easements. The appraiser has suggested a revised offer of $262,200.00 as an appropriate alternative. The property owner has consented to this revised offer. • As a part of an easement agreement, the owners would be responsible to relocate 66 of the existing trees impacted by the pond construction and plant another 32 pine trees to supplement the buffer. The owners would fulfill all maintenance obligations for these relocated and newly planted trees. • An agreement between the City of Eagan and the owners of Parcel 10-30601-050-00, Outlot E, Gopher Eagan Industrial Park 2nd Addition, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • if the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 32-. Agenda Information Memo December 4, 2006 Eagan City Council Meeting YANKEE DOODLE RD. CORRIDORIACCESS MANAGEMENT STUDY AGREEMENT ACTION TO BE CONSIDERED: Approve a Cost Participation Agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Rd. (Denmark Ave. to TH 149) and authorize the Mayor and City Clerk to execute all related documents. FACTS: As traffic and development continue to grow along the Yankee Doodle Rd (County Road 28) corridor between I -35E and TH 149, various segments and intersections are approaching their minimum Level of Service (LOS) capacities. Several existing intersections do not meet the County's Transportation Plan spacing guidelines. Also, as additional development occurs along this corridor, requested new access locations either conflict with the current guidelines or would compromise the long-term• mobility and/or safety of this heavily traveled corridor. A corridor and access management plan will be helpful in identifying where future accesses could be accommodated and what required infrastructure improvements are the most cost effective. One of the higher priority capital improvements identified in both the City's and County's CIP involves addressing the vehicle crash rate at the Promenade intersection, and the easterly extension of the current 6 -lane divided roadway from Promenade Ave. through Lexington Ave. for added capacity. Before these or other significant investments can be initiated, it is mutually beneficial for both agencies to perform a Corridor/Access Management Study of this 2 -mile segment. Dakota County will be the lead agency in this initiative. In response to a request for proposals and interviews of qualified consulting firms, SRF Consulting Firm Inc. has been selected to perform the study. Similar to other cost sharing initiatives between the City and County, a Cost Participation Agreement has been prepared by the County for formal approval by the City. The estimated cost ($140,518) will be financed 55% by the County ($77,285) and 45% by the City ($63,233). The City's share will be financed through the Major Street Fund. The Public Works Department and City Attorney's office have reviewed this agreement and found it in order for favorable Council consideration. 33 Agenda Information Memo December 4, 2006 Eagan City Council Meeting R CONTRACT 05-03, WELL NO. 21 ACTION TO BE CONSIDERED: Approve the final payment for Contract 05-03 (Well No. 21 — Development & Pumping Equipment) in the amount of $22,572.04 to Mark J. Traut Wells, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 05-03 provided for the completion of new Well No. 21, including drilling, turbine pump, piping and appurtenances, mechanical and electrical systems. The well is now fully operational and contributing to the City's public water supply. These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Memo - - - December 4, 2006 City Council Meeting S. APPROVE Renewal of Heart Healthy Living Program Ageement for Eagan Community Center ACTION TO BE CONSIDERED: To approve the renewal of a contract with Heart Healthy Living, P.A. for 2007 to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Heart Healthy Living, P.A. (HHL) is an independent contract service that offers Phase III/ IV Cardiac Rehabilitation Maintenance Program services. • HHL wishes to continue their contract in 2006 for the use of the Eagan Community Center's exercise studio, walking track, exercise equipment, conference room and locker rooms Monday, Wednesday and Friday from 11:00 a.m. -12:15 p.m. for HHL clients and staff. • HI -Ws agreement pays the City 20% of all revenue gained by client program participation fees, which is confirmed by monthly attendance sheets. • HHL will provide general liability insurance at $1,000,000 per occurrence and $1,000,000 per year as well and Professional Liability at $1,000 per occurrence and $1,000,000 per year. • This has been a very positive and successful partnership that began in 2004 and continues to provide a positive benefit to the participants and ECC. ATTACHMENTS: None Agenda Memo Regular City Council Meeting - - December4,2006 CONSENT AGENDA: T. Lease with Burnsville Eagan Community Television. ACTION TO BE CONSIDERED: Approve lease renewal for Burnsville Eagan Community Television at its current location FACTS: • At a special joint meeting with Burnsville City Council on April 24, 2006, direction was given by both councils to negotiate a short term lease with the landlord at BECT's current location at 4155 Old Sibley Memorial Highway given the uncertainty created by draft federal legislation that could impact local franchise and so-called PEG fees for public/education/government programming on community television. • Direction was also given for discussion with other cities and financial analysis of other location options. These discussions are ongoing and it is expected a briefing will be made by mid -2007 on various options. • In the meantime, federal legislation passed in the House, but has not yet gained sufficient votes in the Senate to be brought to the floor. Leadership in both the US House and Senate will change in 2007. • The city attorneys of both Eagan and Burnsville participated in negotiating with the current landlord and several improvements in lease language were achieved including requiring the landlord to bear the costs of capital improvements, including the HVAC system which may need to be partially replaced as early as next year. • The new lease specifically limits and narrows what may be included in the Landlord's "Operating Costs" which are passed on to the tenant. The new lease also allows the City to "audit" those costs and obtain a refund for any amounts that should not have been charged to the City. • Finally, the term of the lease is for one year commencing January 1, 2007 and ending December 31, 2007 with the right to extend the lease for 1 additional year (provided notice is given 6 months in advance) • The costs are $13 per square foot base, rent plus $250 per month for exterior premises (antenna space). ATTACHMENTS: None. Anyone interested in reviewing the full 13 page lease may view a copy in the City Administrator's office. Agenda Memo Regular City Council Meeting December 4, 2006 CONSENT AGENDA: U. Resolution regarding Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises ACTION TO BE CONSIDERED: Approve resolution regarding policies and procedures governing the receipt and review of applications for additional Cable franchises. FACTS: • This action comes upon review and recommendation by the Burnsville Eagan Telecommunications Commission (BETC). • At its September meeting the Commission directed legal counsel to bring forward solutions in advance of the next state Legislative Session that position the City for increased broadband investment and these policies were reviewed and ratified at for. November 15 meeting. • The intent of these policies, which are now forwarded to the Burnsville and Eagan city councils with a recommendation for approval, is to streamline the process for applying for a competitive cable franchise. • The City of Eagan has placed a priority on the deployment of additional competitive broadband services in the community for residents and businesses. • The existing agreement with Comcast is a non-exclusive franchise that has always allowed for additional competitors should market conditions be right. The Commission has never denied a cable franchise application. • A new development in the telecommunications industry is the provision video services by traditional telephone companies. Industry observers expect that in the upcoming months, telephone companies, like Qwest, may approach cities or the state requesting authority to provide video service. In arguing against local franchising, the phone companies have been effective in creating a perception that cities are a `barrier to entry" for phone companies entering into the video business. Despite the threats to local franchising authority at both the federal and state level, cities are interested in developing solutions to increase broadband investment and greater consumer choice. • These Policies were developed in cooperation with the City of Minneapolis and several of the larger cable commissions in the Twin Cities area. The purpose behind these policies is two -fold: first, to prepare the Member Cities for future cable franchise applications; and second, to help eliminate the perception that cities are a barrier to entry for phone companies entering into the video market. • If there are questions, staff and Commission legal counsel will be present during the consent agenda. ATTACHMENTS: A copy of the resolution is on pagesk / to 4j of your packet. THE CITY OF EAGAN -- - - - . POLICIES AND PROCEDURES GOVERNING THE RECEIPT AND REVIEW OF APPLICATIONS FOR ADDITIONAL CABLE FRANCHISES WHEREAS, commencing in 1966, the Federal Communications Commission and later Congress codified a dual federal -local regulatory process for the regulation of Cable Services that distinguished between matters of national and local concern; and . WHEREAS, since 1905, local governments in Minnesota have had the authority to franchise companies seeking to use Public Rights -of -Way for private profit. In 1973, this authority over cable communications systems was specifically codified in Minnesota Statutes Chapter 238; and WHEREAS, the Minnesota Court of Appeals has ruled that an Open Video System operated by a local exchange carrier (i.e., a telephone company) is a cable communications system for purposes of State law and is subject to the provisions of Minnesota Statutes Chapter 238; and WHEREAS, the City of Eagan is a cable franchising authority for purposes of federal and state law; and WHEREAS, in Minnesota, and in the vast majority of states, Communications Facility Operators must obtain a Cable Service Franchise from the local franchising authorities they -wish to serve; and WHEREAS, under applicable law, cities, without limiting any other powers they may possess, franchise Cable Systems and Open Video Systems; and WHEREAS, the Public Rights -of -Way are the City's valuable and scarce public asset; and WHEREAS, cable and broadband deployment under local franchising has thrived. Nationwide, nearly 70% of all households subscribing to multichannel video programming services are being served by a Cable Operator; such as Comcast; and WHEREAS, under the existing regulatory scheme, which relies on local franchising and maintains local authority over Public Rights -of -Way, consumer protection and other important matters, the cable industry in Minnesota has invested in advanced networks with an approximate asset value of over $3 billion and serves approximately 1 million Subscribers; and WHEREAS, under local franchising, high-speed Internet and broadband services have flourished and there is over a 99% deployment rate throughout the cable footprint in Minnesota; and Vq WHEREAS, under local franchising, broadband services provided over Cable Systems have garnered a much larger share of the market than the broadband services provided by local exchange carriers; and WHEREAS, under local franchising, the State of Minnesota has benefited from the cable industry's investment of more than $500 million in broadband infrastructure and related equipment over the past five years; and WHEREAS, under local franchising, Comcast, through its predecessors in interest, has achieved 100% high-speed broadband deployment throughout its network in Minnesota; and WHEREAS, under local franchising, cities have required cable communications system operators to construct to their entire geographic boundaries subject to certain density requirements and cable subscribers have enjoyed uniform rates across each franchised area; and WHEREAS, Comcast, through its predecessors in interest, has invested over $400 million in recent network upgrades in Minnesota, has 11,100 network miles of plant in Minnesota, serves over 110 municipalities and provides service to over 50% of the 1.1 million homes its Cable System passes; and WHEREAS, local exchange carriers are beginning to offer Cable Service across the country; and WHEREAS, the City wishes to promote competition in the delivery of Cable Services and to encourage the deployment of state-of-the-art broadband networks; and WHEREAS, the City believes true and effective competition between Cable Service providers will increase the availability and quality of Cable Services, spur the development of new technologies, improve customer service, discipline rates and generally benefit consumers; and WHEREAS, the City desires to further streamline the application process for additional Cable Service Franchises and to eliminate perceived regulatory and economic barriers to entry, to the extent possible and consistent with applicable law; and WHEREAS, the City has formulated these new "Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises" to satisfy its goals of (i) minimizing the burdens placed on applicants for additional Cable Service Franchises and (q) expeditiously acting on additional Cable Service Franchise applications, so as to promote Cable Service competition and broadband deployment. 402 NOW, THEREFORE, the City of Eagan promulgates and adopts these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises. Section 1. Franchise Required. Subd. 1. In order to enable the City to treat Persons subject to Minn. Stat. § 238.03, 47 U.S.C. § 541(b)(1) and these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises that are providing similar video services similarly, as may be appropriate to comply with applicable law, and considering differences in circumstances; and to comply with requirements of federal law and/or State law which may require the City to separate their authority over Communications Facilities from their authority over providers of telecommunications services and information services, the City require individual authorizations for the provision of particular services and/or the construction of particular facilities in Public Rights -of -Way. Subd. 2. No Person shall construct, install, maintain, repair or operate a Communications Facility in the City, and no Person shall provide Cable Service or acquire ownership or control of a Communications Facility Operator in the City, without first obtaining a Franchise from the City and entering into an Agreement. The fact that a particular Communications Facility may be utilized for multiple purposes does not obviate the need to obtain a Franchise and enter into an Agreement. Subd. 3. A Franchise may be awarded only by an ordinance or other official action by the City. Subd. 4. No Franchise shall be exclusive. Subd. 5. A Person (A) who holds an authorization to occupy the City's Public Rights -of -Way for purposes other than the provision of Cable Service, or (B) who utilizes the Communications Facility of another Person shall not provide Cable Service to Subscribers within the City unless the City first grants such Person a Franchise and the City and such Person enter into an Agreement. Subd. 6. Nothing in these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises shall be construed to abrogate, derogate or limit any and all authority the City has to manage and control Public Rights -of -Way and to construct, purchase, maintain and operate a Communications Facility or to provide telecommunications services, Cable.Services or other services, either for internal purposes or for sale to the public. Subd. 7. The revocation of a Franchise in and of itself will not affect the authority of a Communications Facility Operator to continue to occupy Public Rights -of - Way to provide services for which it holds other valid authorizations. 41 3 Subd. 8. The City shall develop and keep on file at its offices a model _ Additional Franchise Agreement ("Model Additional Franchise Agreement") which shall be made available to an applicant for an Additional Franchise free of charge. Section 2. Application for Additional Franchise. Subd. 1. A written application for an Additional Franchise may be filed with the City at any time. Applications may be unsolicited or filed in response to a notice of intent to franchise issued and published by the City. Any such applications shall be filed with the City. Subd. 2. To be acceptable for filing, a signed original of an Additional Franchise application shall be submitted together with three (3) complete copies. The application shall contain the information required by Section 3 and shall conform with any additional requirements contained in a notice of intent to franchise, if any. All applications for an Additional Franchise shall include the names, addresses and telephone numbers of Persons authorized to act on behalf of all applicants with respect to an Additional Franchise application. Subd. 3. Upon receipt of an application for an Additional Franchise, the City shall publish a notice of intent to. franchise in accordance with Minn. Siat. § 238.081, subd. 1. A notice of intent to franchise shall contain at least the information set forth in Minn. Stat. § 238.081, subd. 2 and such other information as the City may decide to include, in its sole discretion. The City's Communications Director is authorized to publish a notice of intent to franchise on behalf of the City and to determine what information is to be included in the notice of intent to franchise. Subd. 4. All applications accepted for filing shall be made available by the City for public inspection, except for any information marked as "confidential" that may be protected from disclosure consistent with the Minnesota Government Data Practices Act, Chapter 13 of Minnesota Statutes, and applicable rules. An applicant shall be solely responsible for marking as "confidential" all information in its application that it believes is confidential, proprietary or trade secret and exempt from disclosure under the Minnesota Government Data Practices Act. The City and its council members, directors, employees and agents shall not be responsible for maintaining the confidentiality of data that are not protected from disclosure under federal and State laws and regulations. In addition, the City and its council members, directors, employees and agents shall not be liable for any public disclosure of data that are not marked "confidential" or any data marked as "confidential" that is not actually exempt from public disclosure under applicable federal or State law. In the event of a request for public disclosure of data marked as "confidential," an applicant shall be responsible for proving to the City or its designee, in writing, that the data is not public and exempt from disclosure. Such written proof must cite the specific statutory sections) and/or rule(s) prohibiting disclosure, and any applicable administrative and/or court decisions that classify the data as not public and exempt from disclosure. Subd. 5. An applicant shall respond to a notice of intent to franchise by filing an application within the time specified in the notice. Any applicant that has `t2 4 already filed an application for an Additional Franchise need not refile the same materials _ with its response, but must update its application, if any information is no longer accurate or applicable, and amplify its application to include any additional or different materials required by the notice of intent to franchise, Minn. Stat. § 238.081, subd. 4, and these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises. The City, through its Communications Director or other responsible employee(s), may seek additional information from any applicant and establish deadlines for the submission of such information and may reject any application that, does not contain required information. An applicant shall cooperate with the City and its employees and agents, and provide all requested information within the time specified by the City's Communications Director , or other responsible employee(s), unless an extension is granted by the Communications Director_ or other responsible employee(s). Section 3. Contents of Additional Franchise Application. Subd. 1. An application for an Additional Franchise shall be signed by an authorized officer or principal of the applicant, shall be notarized and shall contain, at a minimum, the following information: (a) All information set forth in Minn. Stat. § 238.081, subd. 4; (b) A proposed Franchise Agreement; (c) Any other information contained in a notice of intent to franchise that may be reasonably necessary to demonstrate compliance with applicable laws and regulations and the requirements of these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises; and (d) Any additional information that the City or its responsible employee(s) may request of the applicant that is relevant to the City's consideration of the application. Subd. 2. To the extent permitted by law, the City may, in its sole discretion, waive in writing the provision of any of the information required by this Section 3. Section 4. Evaluation of Additional Franchise Applications. Subd. 1. After receiving a complete application for an Additional Franchise and any other data requested pursuant to Section 3 by the City (through its Communications Director or other responsible employee(s)) shall evaluate the application. The City, through its Communications Director and/or other responsible employee(s), reserves the right to reject a non -conforming Franchise application at any time. 43 5 Subd. 2. In evaluating an application for an Additional Franchise, the City and its employees and agents may consider all lawful factors, including (but not limited _ to) an applicant's financial, technical and legal qualifications. A complete Franchise application that includes an executed copy of the Model Additional Franchise Agreement prepared by the City, or a Franchise Agreement that is substantially similar to the City's Model Additional Franchise Agreement, as determined solely by the City, shall be given expedited treatment. In all other cases, the City shall complete its evaluation of an application for an Additional Franchise and the negotiation of a Franchise Agreement, if warranted, as soon as reasonably practicable. Except as expressly provided above, nothing in this paragraph shall be deemed to require the City to grant an Additional Franchise to a particular applicant. In addition, these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises are not intended and shall not be interpreted to grant any Additional Franchise applicant standing to challenge the denial of its application for an Additional Franchise or the issuance of an Additional Franchise to another applicant or to provide any existing Grantee with standing to challenge the award of an Additional Franchise to an applicant. Subd. 3. The City or its designee, in its sole discretion, may terminate a Franchise application if it determines that the applicant is not proceeding with due diligence on the application or cooperating with City staff, employees and agents in their review, or if there are any substantive amendments to an application after the application has been submitted to the City and prior to the award of a Franchise. Subd. 4. In accordance with Minn. Stat. § 238.081, subd. 8, an applicant shall, upon request of the City, reimburse the City for all reasonable and necessary costs, expenses and fees they actually incurred in processing and reviewing an application for an Additional Franchise, through and including the denial of an application or the granting of an Additional Franchise and the execution of an Agreement, within thirty (30) days of receipt of an invoice from the City. Any reimbursement amount shall not be considered a franchisee fee and shall not be offset against any franchise fees owed to the City under an Additional Franchise and/or Franchise Agreement. Section 5. Definitions. The following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and `-will" are mandatory,. and "may" is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended, Title 47 of the Code of Federal Regulations, as amended, and Chapter 238 of Minnesota Statutes, as amended, and, if not defined therein, their common and ordinary meaning. The City shall hold a public hearing pursuant to Minnesota Statutes Section 238.081, subdivision 6. 0 6 Subd. 1. Additional Franchise means a Cable Service Franchise granted to a Person other than the first franchised Cable Operator. Source: References to an "additional franchise" in Minnesota — - - Statutes Chapter 238 (e.g., Minn. Stat. § 238.08, subd. 1(b)). Subd. 2. Affiliate means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with an entity. Source: 47 U.S.C. § 522(2), Section 602(2) of the Cable Communications Policy Act of 1984, as amended. Subd. 3. Agreement means the written agreement between the City and a Grantee, evidencing the City's authorization for a Grantee to provide Cable Service within the City utilizing Public Rights -of -Way. Source: Common contract principles. Subd. 4. Cable Operator means any Person or group of Persons (A) who provides Cable Service over a Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. Source: 47 U.S.C. § 522(5), Section 602(5) of the Cable Communications Policy Act of 1984, as amended. Subd. 5. Cable Service means (A) the one-way transmission to Subscribers of video programming or other programming service; and (B) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Cable Service includes, but is not limited to, all video programming and other programming services delivered by a Cable Operator, an Open Video System Operator and/or any broadband service provider or any local exchange carrier over a set of closed transmission paths and associated signal generation, reception and control equipment, in any analog or digital format and irrespective the technology utilized to transmit the video programming and other programming services including, but not limited to, video programming and other programming services provided by Internet protocol or xDSL video, and video programming and other programming services delivered over an integrated Internet protocol platform or a very -high -data -rate digital subscriber line. Cable Service, as defined herein, does not include any service that is solely and exclusively classified as an information service or a telecommunications service under applicable laws and regulations binding on the City. Source: Adapted from 47 U.S.C. § 522(6), Section 602(6) of the Cable Communications Policy Act of'1984, as amended. Subd. 6. Cable System or System means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed -to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the City, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves Subscribers without using any Public Right -of -Way; (C) a facility of a common carver which is subject, in whole or in part, to the provisions of Title H of the Communications Act of 1934, as amended (other than for purposes of 47 U.S.C. § 541(c)), except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on - demand services; (D) an open video system that complies with 47 U.S.C. § 573; or (E) any facilities of any electric utility used solely for operating its electric utility system. A reference to a Cable System refers to any part thereof, including, without limitation, converters, pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, status monitoring equipment, nodes, cables, fiber optics and other equipment necessary to operate the Cable System. The foregoing definition of "Cable System" shall not be deemed to circumscribe or limit the valid authority of the City to regulate, franchise or permit the activities of any other communications system or provider of communications services to the full extent permitted by law. The term Cable System, as defined herein, includes a cable communications system, as defined in Minn. Stat. § 238.02, subd. 3, and any system, irrespective of the technology utilized, that is used or designed to provide Cable Service to multiple Subscribers by a Cable Operator, a broadband service provider, and/or a local exchange carrier, in any analog or digital format, including, but not limited to, an integrated Internet protocol platform, an xDSL line and a very -high -data -rate digital subscriber line. Source: Adapted from 47 U.S.C. § 522(7), Section 602(7) of the Cable Communications Policy Act of 1984, as amended, and Minn. Stat. § 238.02, subd. 3. Subd. 7. City means the City of Eagan, Minnesota, and its lawful designees, successors and assigns. Source: Adapted from local franchise definitions. Subd. 8. Communications Facility refers to a Cable System and/or an Open Video System. Source: Umbrella term that encompasses Cable Systems and Open Video Systems. Subd. 9. FCC means the Federal Communications Commission, its designee, or any successor thereto. 1e 8 Source: Adapted from 47 U.S.C. §§ 151 and 154, Sections 1 and 4 -- - - of the Communications.Act of 1934, as amended. Subd. 10. Franchise means an initial non-exclusive authorization granted by the City in the form of an ordinance, Agreement, permit, license, privilege or other municipal permission to own, control, operate, maintain, construct, install, manage or repair a Communications Facility in the City's Public Rights -of -Way to provide Cable Service to Subscribers within the City. Any such authorization, in whatever form granted, shall not mean or include any other license, agreement or permit required for the privilege of transacting and carrying on a business within the City as required by the ordinances, laws, regulations and codes of the City, or for attaching devices to poles or other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along Public Rights -of -Way. Source:. Adapted from 47 U.S.C. § 522(9), Section 602(9) of the Cable Communications Policy Act of 1984, as amended, and Minn. Stat. § 238.02, subd. 24. Subd. 11. Grantee means a Person that has been granted an initial Franchise or a renewal franchise by the City, and its lawful successors, transferees or assignees. Source: Adapted from local franchise definitions. Subd. 12. Operator, when used with reference to a system, refers to a Person (A) who provides Cable Service over a Cable System or an Open Video System and directly or through one or more Affiliates owns a significant interest in such facility; or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such system. Source: Adapted from 47 U.S.C. § 522(5), Section 602(5) of the Cable Communications Policy Act of 1984, as amended, and 47 C.F.R. § 1500(b). Subd. 13. OYS or Open Video System refers to a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service, which includes video programming in any analog or digital format including, but not limited to, Internet protocol video, and video programming and other programming services delivered over an integrated Internet protocol platform, an xDSL line or a very -high -data -rate digital subscriber line, which is provided to multiple Subscribers within a community, and which the FCC or its successor has certified as compliant with 47 U.S.C. § 573 and 47 C.F.R., Part 76, as amended from time to time. Source: Adapted from 47 C.F.R. § 76.1500(a). 47 9 Subd. 14. Person includes any individual, corporation, partnership, association, limited liability company, joint-stock company, trust or any other legal entity, but not the City. _ Source: Adapted from 47 U.S.C. § 153(32), Section 3(32) of the Communications Act of 1934, as amended and Minn. Stat. § 238:02, subd. 30. Subd. 15. Public Rights -of -Way or Rights -of -Way means the surface, air space above the surface and the area below the surface of any, public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated for general public use by the City, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created; obtained or dedicated, may be used for the purpose of installing, operating and maintaining a Communications Facility. No reference herein to a "Right -of -Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining a Communications Facility. Source: Adapted from local franchise definitions. Subd. 16. State means the State of Minnesota and its agencies, offices, bureaus, divisions, commissions and departments. Source: Adapted from Minn. Stat. § 238.02, subd. 32 and subd. 33. Subd. 17. Subscriber means the City, any government entity or any Person lawfully receiving any Cable Service provided by a Communications Facility Operator by means of or in connection with its Communications Facility, whether or not a fee is paid for such Cable Service., Source: Adapted from 47 C.F.R. § 76.5(ee) and local franchise definitions. Section 6. Repealer and Effective Date. Subd. 1. Any prior policies and procedures governing application, review and recommendations regarding grant of competitive cable franchises previously adopted by the City are hereby repealed in their entirety and are superseded and replaced by these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises. Subd. 2. These Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises shall be effective immediately upon their adoption by the City. NO Adopted and effective this day of -2006. [INSERT CITY SIGNATURE BLOCK] Agenda Memo Regular City Council Meeting December 4, 2006 _CONSENT AGENDA: V. Resolution Stating Opposition to Legislative Proposals that Remove Cable Television Build -Out Provisions from Chapter 238 of Minnesota State Law. ACTION TO BE CONSIDERED: Approve resolution stating opposition to Legislative proposals that remove Cable Television Build -Out provisions from Chapter 238 of Minnesota State Law and forward copies -of this resolution to Eagan's state legislative delegation and the League of Minnesota Cities. FACTS: • This action comes upon review and recommendation by the Burnsville Eagan Telecommunications Commission (BETC). • The Commission at BETC's November 15 meeting approved and forwarded the attached resolution to the Burnsville and Eagan city councils to consider adoption prior to the next state Legislative session. • As the League of Minnesota Cities develops its policies for the 2007 legislative session, it is important to review the legislative landscape and the League's current position on cable system franchising. • During the past year the telecommunications industry has vigorously lobbied Congress and state legislatures across the nation in an attempt to eliminate local franchising. Part of the industry's goal with this legislation is to eliminate build -out requirements. • Minnesota law (Minn. Stat. § 238.081) currently prohibits additional franchises to be more favorable or less burdensome as it relates to the area served. The League of . Minnesota Cities, the National League of Cities, and other major municipal organizations have opposed federal legislation that would allow new entrants to "cherry pick" their cable system areas. • The BETC believes it is sound public policy, wherever possible, to ensure all citizens throughout the City receive new services, understanding that densities and available capital can affect build out schedules. • The focus of the Telecommunications industry is now shifting to State Legislatures, where legislation will be introduced in Minnesota to eliminate build out requirements for video services, even to a telephone company's existing footprint. • While the Commission feels it is important to acknowledge market factors and to be flexible on the schedules for build -out by video providers, cities nonetheless have an . interest in making sure, over time, that all its residents are served by new competitive video services, and at a minimum video services delivered by a telephone company cover at least its existing footprint within the city. • The action asks that a copy of this resolution be forwarded to the League of Minnesota Cities and Eagan's state legislative delegation. Staff and Commission Legal Counsel will be present during the consent agenda should there be questions the Council wishes answered. ATTACHMENTS: A copy of the resolution is on pages 52 to 55 of your packet. RESOLUTION OF THE CITY OF EAGAN By STATING OPPOSITION TO LEGISLATIVE PROPOSALS THAT REMOVE CABLE TELEVISION SYSTEM BUILD -OUT PROVISIONS FROM CHAPTER 238 OF MINNESOTA STATE LAW. WHEREAS, the City Council of the City of Eagan, Minnesota ("City) is the official governing body elected to preserve, promote and protect the best welfare, safety and interest of the City and its citizens; and WHEREAS, the City is a franchising authority that is empowered to award non-exclusive franchises for cable communications systems pursuant to Chapter 238 of Minnesota Statutes; and WHEREAS, the City understands that considerable effort has been made in the State of Minnesota, and at a national level, to change and limit local government authority with respect to cable communications system build -out requirements, and management of local rights-of-way use, including the oversight, administration, and regulation of cable services and cable operators; and WHEREAS, the City believes that all its citizens and all areas of the City should have the same access to cable service and cable communications systems regardless of the economic condition of any of its citizens or the economic condition of any of the City's neighborhoods; and WHEREAS, Minnesota Statutes Chapter 238 establishes uniform guidelines for the franchising, oversight and administration of cable communications systems and services, including build -out requirements; and WHEREAS, the City disagrees with telecommunications industry claims that cable communications system overbuilders should be allowed to provide video services to only citizens and neighborhoods that they determine to be desirable; and WHEREAS, the National League of Cities and the League of Minnesota Cities have opposed national legislation that does not contain build -out provisions; and WHEREAS, the City strenuously objects to any legislative proposals or policy recommendations that may be made by policy committees, the Board of the League of Minnesota Cities or others which would seek to remove build -out provisions from Chapter 238 of Minnesota Statutes; and 52- WHERAS, the City supports interpreting existing provisions of Minnesota Statutes Chapter 238 to not require a telephone company to provide cable service beyond its telecommunications footprint in the City. Now, Therefore, Be It Resolved by the City Council of The City of Eagan, that: SECTION 1: 1.1 The City respectfully requests that the League of Minnesota Cities reconsider its support of proposed Minnesota legislation which would remove or limit the build- out provisions of Chapter 238; and 1.2 The City will support efforts directed against unwarranted legislative changes to ensure that all persons residing in the City will have unfettered access to all forms of information resources from as many sources and providers as possible; and 1.3 The City will support efforts to ensure that cable communications systems and cable operators occupying and utilizing valuable and scarce public rights-of-way and who benefit from the use of public rights-of-way have flexible build -out schedules and continue to provide reasonable right-of-way compensation in the form of franchise fees, public, educational, and governmental access funding, and other lawful support notwithstanding technological changes or advancements; and 1.4 The City's City Administrator or his designee will transmit this Resolution to the Executive Director's office of the League of Minnesota Cities, and such other persons as the City's City Administrator or his designee believes are in a position to further the goals and objectives outlined herein. SECTION 2: This Resolution becomes effective upon approval and adoption by the City Council of The City of Eagan. LN ADOPTED this day of 2006, by the following vote. AYES: NOES: ABSENT: DISQUALIFIED: Mayor ATTEST: City Clerk 2 53 _ Agenda Information Memo --December 41- 2006; Eagan City Council Meeting W. ACTION TO BE CONSIDERED: To approve a 90 -day extension of time to record the final plat for Oakview Center 2"a Addition, located south of Lone Oak Road and north of Hwy. 55 in the NW '/< of Section 12. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on April 4, 2006. The plat is required to be recorded within 60 days of approval. ➢ The plat approval has previously been extended twice for 90 days each time. The current approval expires November 30, 2006. ➢ Prior to the expiration date of November 30, 2006; the applicant submitted another request fora 90 -day extension of the final plat approval. ➢ The current requested 90 -day extension would allow until February 28, 2007 for the plat to be recorded. ➢ The applicant has indicated they expect to begin construction in Spring 2007 for an opening in Spring 2008. ATTACHMENTS (1): Letter from Rian Gamble, Eagan Hospitality Group, page 55 54 } Eagan Hospitality Group, LLC e November 28, 2006 Pam Dudziak Planner, City of Eagan h 3830. Pilot Knob. Road 1{ Eagan, MN 55122 . 4 RE; E F xtensionof Plat Approval.for.:•Eagan Comfort Suites; -, Dear Pam: { Please oonsider this requestfor an extension of our plat approval for:g0 days. Weare requesting this extension in. order to complete the: requirements for the finai.plat and, execute the planned development agivement. Per our conversation, .we ar ticipate that these items will be completed by the end of this year. If you have any questions; regarding this request,.piease Contactme. Sincerely, j Man: Gamble Eagan Hospitality Group, LLC Badger Midwest Holdings, LLC Agenda Information Memo December 4, 2006 Eagan City Council Meeting X. PROJECT 950 OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION RECEIVE PETITION AUTHORIZE FEASIBILITY REPORT ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report by Bonestroo & Associates for Project 950 (Opperman Drive & TH 149 -Intersection Reconfiguration). FACTS: • On November 29, 2006 City staff received a petition from Thomson Legal and Regulatory, owner of properties adjacent to .Opperman Drive and TH 149, requesting the reconfiguration of the Opperman Drive and TH 149 intersection. • As indicated in Thomson's petition, the requested improvements .will require significant coordination with several agencies. Therefore, Thomson has requested the City act as the lead agency for the construction of the improvements. • Given the proximity of the petitioned improvements to the proposed TH 149 construction and the related economies of scale benefits, it would be advantageous to incorporate the improvements into the construction plans for Project 778 (TH 149 Reconstruction). • The schedule for Project 778 (TH 149 Reconstruction) will not be adversely impacted by inclusion of the petitioned improvements. • It would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ATTACHMENTS: • Petition, pageJ_( through Thomas J. Walrath Senior Director Facility Management - - Tel 651.687.7490 -- - - - _ --- Fax 651.687.5718 November 29, 2006 Russ Matthys, P.E. City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: T.H. 149 Reconstruction Project Proposed Improvements Dear Russ: THOMSON LEGAL ffi REGULATORY We have enjoyed the long standing relationship between Thomson and the City of Eagan and look forward to working together as the T.H. 149 Reconstruction project continues to move forward. We have had many communications throughout the development stages of the T.H. 149 project, and are pleased that the project is moving ahead. As we have discussed, there are improvements that Thomson would like to see implemented that, while not directly tied to the T.H. 149 Reconstruction Project, should be given due consideration by the City at this time. Our letter to the City, dated December 2, 2005, outlined roadway improvements that we would like to see implemented. The proposed improvements in said letter included the.following: 1. Southbound dual right turns on T.H. 149 at Opperman Drive 2.. An additional westbound through lane on Opperman Drive 3. A right -in / right -out driveway for the Thomson facility located south of Opperman Drive 4. A southbound right -exit -only off of T.H. 149 between Yankee Doodle Road and Opperman Drive The items listed above have not been incorporated into the T.H. 149 plans. Because these improvements will require significant coordination and permitting efforts with Dakota County, MnDOT and the Canadian Pacific Railroad (Progressive Rail), we believe that it would be in everyone's best interest if the City were to act as the lead agency for the construction of the improvements. Additionally, most of the improvements will impact the T.H. 149 Reconstruction project, and should be considered prior to that project being constructed. Please consider this a formal request, or petition, for the improvements outlined above. Thomson is in possession of all of the Right -of -Way and other land interests that abut the requested improvements. As such, no other parties should realize adverse impacts from the improvements. We understand for Public projects such as this, that indirect costs can be about Thomson Legal & Regulatory 610 Opperman Drive, Eagan, MN 55123,, 651.687-7000 651.687.5718 v .tlrg.com `�� November 29, 2006 Page 2 of 2 30 percent of the construction costs for the project. In response to this request, Thomson anticipates the City Council's consideration of directing staff to prepare a feasibility report identifying the scope, cost, financing and schedule for the proposed improvements. It would appear advantageous, upon Council authorization, to prepare such a feasibility report and hold any associated public hearings on a timeline that would allow an approved project to be constructed with the T.H. 149 Reconstruction project. We look forward to our continued partnership on the T.H. 149 Reconstruction project and the implementation of the additional requested improvements. We would like to meet at your earliest convenience to discuss the extent of the improvements and the next steps in the process. If you have any questions or need any additional information, please call me at 651-687-7490. Tommeerey,alrath Senior Director Facility Management Thomson Legal & Regulatory c: Thomas Hedges, City Administrator Thomas Colbert, City of Eagan Jon Durand, TLR Agenda Information Memo December 4, 2006 Eagan City Council Meeting A. Proposed Budget and Property Tax Levy for 2007 — Truth -In -Taxation Hearing ACTIONS TO BE CONSIDERED: 1) To close the public hearing and set the 2007 General levy and General Fund budget considerations for the December 19, 2006 City Council meeting. 2) To close the public hearing and set the 2007 Cedarvale Special Services District levy and budget considerations for the December 19, 2006 City Council meeting. FACTS: • Generally, the State requires cities over 2,500 in population to hold a Truth -in - Taxation public hearing on their proposed budget and tax levy for next year. • Again this year, because the City's levy is lower than the inflation factor established by the State, Eagan is exempt from holding a Truth -in -Taxation hearing. The Council earlier indicated it wanted to proceed with the hearing nevertheless. • Parcel specific notices were mailed by the County to Eagan residents in mid- November. All Cedarvale SSD property owners also received a mailed notice of the proposed SSD levy and budget. • A notice of this hearing was published in the Dakota County Tribune on November 30 and in the Eagan ThisWeek newspaper on December 2. It invited property owners to attend this hearing and/or send written comments. • Hearings for both the general levy and the Cedarvale Special Services District (SSD) levy are to be conducted. • If the City Council wishes to conduct a continuation hearing, such a hearing would be held December 11. • The City's final levy and budget will be adopted at the December 19 regular City Council meeting. • The City Administrator will make a PowerPoint presentation. ATTACHMENTS: Enclosed without page number is a 2007 General Fund Budget and Property Tax Levy handout that will be made available to all in attendance at the public hearing. Enclosed on page (oD is a notice sent to property owners in the Cedarvale SSD. Enclosed on pages (o L through 61 is a memo summarizing recent discussions concerning public policy decisions regarding the amount of the 2007 levy. APIP0 Eap ko To: CEDARVALE SPECIAL SERVICE DISTRICT MEMBERS From: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR Date: NOVEMBER 6, 2006 Subject: PUBLIC HEARING NOTICE -2007 SPECIAL SERVICE DISTRICT BUDGET This memo is to inform you of a public hearing on Monday, December 4, 2006 regarding the Proposed 2007 Budget for the Cedarvale Special Service District. The hearing will take place at 6:30 p.m. during the City Council Meeting in the City Council Chambers at 3830 Pilot Knob Road. The City is recommending a 2007 service charge of $3,000 be imposed as compared to the 2006 service charge of $3,000, and budgeted expenditures of $6,300 as compared to $9,439 in 2006. The proposed budget will continue to cover maintenance and insurance for the Cedarvale area sign, as well as additional mowing, fertilizing, and weed control of the public property. The budgeted expenditures are an estimate of the annual cost of operating and maintaining the improvements. Below is a summary of historical budgets and the 2007 budget for the Special Service District. All interested persons will have an opportunity to be heard at the hearing regarding this proposed service charge. The petition requirements of section 428A.08 of the Minnesota Statutes do not apply to the proposed service charge since this proposal is a subsequent and not the initial proposal for imposition of the service charge. For more information call Jon Hohenstein, Community Development Director at (651) 675-5653. 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $11,076 $8,748 $6,180 $3,041 Revenues: Special Services District Taxes $2,088 $2,002 $3,000 $3,000 Interest on Investments $130 $157 $300 $300 Total Revenues $2,218 $2,159 $3,300 $3,300 Expenditures: Professional Services -Auditing $500 $500 $500 $500 Mowing $3,066 $3,461 $6,444 $3,500 Fertilizer and Weed Control $0 $0 $1,395 $1,400 Sign Maintenance $980 $766 $1,100 $900 Total Expenditures $4,546 $4,727 $9,439 $6,300 Projected Actual Expenditures $6,439 Excess of Revenue over Expenditures ($2,328) $2,568 $3,139 $3,000 Fund Balance End of Year ' $8,748 $6,180 $3,041 $41 All interested persons will have an opportunity to be heard at the hearing regarding this proposed service charge. The petition requirements of section 428A.08 of the Minnesota Statutes do not apply to the proposed service charge since this proposal is a subsequent and not the initial proposal for imposition of the service charge. For more information call Jon Hohenstein, Community Development Director at (651) 675-5653. City of Eagan �eoo To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: November 29, 2006 Subject: Payable 2007 Property Tax Levy — Market Value Homestead Credit I am writing this memo to summarize recent discussions concerning the up coming public policy decision regarding the 2007 Property Tax Levy. Through the Truth in Taxation and final levy certification process the City Council has the option to maintain the proposed levy approved with the certification of the preliminary levy and budget on September 5, 2006 or to reduce the levy to some other dollar amount. By way of background, the first 2007 budget and levy draft reviewed by the City Council in August of 2006 included a total levy of $21,557,307 which was the same as the total levy for payable 2006 and designated $202,845 for non-current operations, that being future tax levy supported communications funding. The proposal also assumed that Market Value Homestead Credit (MVHC) would be paid by the State. The preliminary levy certified in September totaled $22,304,562 and was arrived at by removing the $202,845 communications designation and adding the MVHC allocation of $950,100. It was further noted that the $950,100 would be designated for the City s capital obligation to the DCC, if the State actually pays the MVHC. This change amounted to approximately an annual $23 increase for the average house value in Eagan. The City's DCC capital obligation is estimated to be approximately $1.2 million and staff is reviewing the various funding options. The following observations were considered by the City Council in certifying the pteliminery-levy�amount. Factors in favor of adding the replacement levy: The levy can be decreased at the time of final certification in December if more favorable information is presented increasing the likelihood of State payment. Non payment of MVHC by the State would cause a budget shortfall in the operations for 2007 long after the budget was approved limiting options for the City to make the necessary corrections/adjustments. • Regardless of State action a constant level of services could be maintained without spending from the City's fund balance account or making cuts to operations, if the City levied the MVHC. • In the event the City does not levy for the MVHC and the State implements levy limits for payable 2008, the City's levy limit base will be below the level necessary to maintain a constant level of services causing additional problems in future years. • A number of one time options for use of the money are available as place holders for the levy proceeds, if it is levied and the State pays the MVHC. Due to having levied for the loss of MVHC for the previous two years Eagan's base is established and the projected 2007 amount could be levied back without the City officially being required to hold a truth in taxation hearing per State parameters. The City's General Fund fund balance could be protected from supporting operations as a replacement for lost MVHC. Factors against adding the replacement levy: If the State determines that cities are levying for the potential loss of MVHC, it will be an easier target for reduction as no budget cutting pain will be felt by the cities. However, the cities will have already elected to assume responsibility for the levy through the levy adoption process. Cities are subject to accusations that they are double taxing the property owners. Most cities attempt to overcome this potential criticism by designating the dollars to something that would eliminate/reduce an additional tax levy in the future, if the money is not needed to back fill for the loss of. MVHC. In other words the additional levy dollars are not used for or directed towards an expansion of services or operations. Cities may be accused of finding new uses for already established levy capacity rather than reducing the levy. In addition, in an informal survey Eagan learned that of the other 12 MLC cities, 9 planned to levy for the MVHC (8 full and 1 partial), 2 did not respond, and 1 did not plan to levy for the MVHC. In addition to certifying the preliminary levy at the higher dollar amount the City Council directed staff to continue to monitor additional information to help inform the final decision at the time of final levy certification. Although not particularly helpful in making the determination, the following factors are now alsoin play: The election results have significantly changed the political landscape. V2— • The issue of rising property taxes came up frequently during the campaigns and levy limits and/or a property tax freeze were touted as potential solutions. • Greater Minnesota cities see increased Local Government Aid as a solution to rising property taxes and typically have targeted "suburban" MVHC as a way to fund LGA increases. The position of the Greater Minnesota Cities Coalition seems to have been strengthened through the elections. • The State is now projecting a rather large budget surplus and property tax reform is surfacing as a potential legislative issue. • MLC cities appear to be maintaining their intention of levying back for MVHC to ensure their revenue streams and to protect against low levy bases if levy limits are reinstituted. Staff followed up with Lakeville, the Ione "no" respondent, and learned that the size of their,levy increase without levying for MVHC was a major factor in the decision to not levy for it. The significant levy increase is related to growth and their desire to wean the City off the use of equipment certificate funding (credit card approach). They are cognizant of the potential budget problems with their decision and see an operating budget problem and a complication to equipment funding, if the State does not pay the MVHC. • Eagan staff to date has had no concerns expressed to them resulting from the truth in taxation notices regarding 2007 property taxes. Approximately three calls have been received and they relate to property valuation increases. • Staff has done a considerable amount of work trying to determine the relative positions of various cities resulting from the State's 2003 budget cuts and subsequent failure to fund MVHC. No meaningful conclusions can be drawn from that exercise. • Staff sees no practical way to ensure a "safe harbor" at the legislature for not levying for the MVHC. Past legislative actions have typically not rewarded City's for making decisions in keeping with State expectations. One could certainly speculate that the above mentioned factors increase both the likelihood that the MVHC will be paid and that levy limits will be reinstituted making the future levy limit base a key component in the decision. Although possibly subject to future criticism, the City clearly maintains the most options and the best financial position by certifying the final levy at the level of the previously certified, preliminary levy and unless there are factors that I am not aware of that would be my recommendation. Please let me know, if you would like any other information or if you would like to Agenda Information Memo December 4, 2006 Eagan City Council Meeting B LOT 1 BLOCK 1, CENTENNIAL RIDGE 2ND (LENA COURT) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public drainage & utility easements within Lot 1, Block 1, Centennial Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On October 30, 2006, City staff received a complete petition from James Lennon, property owner, requesting the vacation of a portion of an existing drainage and utility easement within Lot 1, Block 1 Centennial Ridge 2nd Addition, at the southeast comer of the intersection of Diffley Road and Johnny Cake Ridge Road. • The drainage and utility easement was dedicated as part of the Centennial Ridge 2nd Addition plat for ponding and general utility purposes. • The purpose of the request is to allow the property owner to construct a monument sign within a small portion of the easement area, above the adjacent pond's high water level. • 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. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page (05 . 'J_ • Easement Vacation Exhibit, page `AP City of Bap Englneedng Deparbnent Lena Court Proposed Easement Vacation Location Map 10-31-06 A Tr- A IM 1 II/\I l"" A rL♦�rvrn I IVV. .+V 'Hirci r-\/ ROAn` Fivnv I s' --NE CORNER OF LOT 1 20.00 PROPOSED EASEMENT N89'41'0O"E TO BE VACATED?_ 20 10 0 20 Scale in Feet 11.60 S00'19'00"E PROPOSED LEGAL DESCRIPTION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT All that part the of drainage and utility easement lying over, under and across Lot' 1, Block 1, CENTENNIAL RIDGE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota as delineated and dedicated on said CENTENNIAL RIDGE 2ND ADDITION, described as follows: Commencing at the northeast comer of said Lot 1; thence on an assumed bearing of South 00 degrees 19 minutes 00 seconds East, along the east line of sold Lot 1, a distance of 11.60 feet, to the plant of beginning; thence continuing South 00 degrees 19 minutes 00 seconds East, along said east line, a distance of 20.00 feet; thence South 69 degrees 41 minutes 00 seconds West, a distance of 20.00 feet; thence North 00 degrees 19 minutes 00 seconds West, a distance of 20.00 feet; thence North 89 degrees 41 minutes 00 seconds East, a distance of 20.00 feet; to the point of beginning G rn I \\\\ a N I \ C — H4vl 938.0 v Z \. I \\ C v —NHL 836.0 S89'4 0 W 1 \\�A►- \IT-- 20.0.0 0 1 «, � Ir r` , 1 r. 20 10 0 20 Scale in Feet 11.60 S00'19'00"E PROPOSED LEGAL DESCRIPTION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT All that part the of drainage and utility easement lying over, under and across Lot' 1, Block 1, CENTENNIAL RIDGE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota as delineated and dedicated on said CENTENNIAL RIDGE 2ND ADDITION, described as follows: Commencing at the northeast comer of said Lot 1; thence on an assumed bearing of South 00 degrees 19 minutes 00 seconds East, along the east line of sold Lot 1, a distance of 11.60 feet, to the plant of beginning; thence continuing South 00 degrees 19 minutes 00 seconds East, along said east line, a distance of 20.00 feet; thence South 69 degrees 41 minutes 00 seconds West, a distance of 20.00 feet; thence North 00 degrees 19 minutes 00 seconds West, a distance of 20.00 feet; thence North 89 degrees 41 minutes 00 seconds East, a distance of 20.00 feet; to the point of beginning Agenda Information Memo December 4, 2006 Eagan City Council Meeting C. LOTS 1 & 2. BLOCK 1, SILICON GRAPHICS isz EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue the public easement vacation for formal consideration with the Final Plat for the Waters Annex Addition. FACTS: • On October 20, 2006, City staff received a petition from Jean Crosby of CSM Equities requesting the vacation of existing drainage and utility easements within Lots 1 and 2, Block 1, Silicon Graphics I" Addition, at the southeast corner of the intersection of Lone Oak Parkway Road and Lone Oak Drive. • The drainage and utility easements were dedicated as part of the previous Silicon Graphics development for ponding and public utility purposes. • The petition was intended to coincide with the final subdivision approval process for CSM's Waters Annex development on this property. • On October 20, 2006, final subdivision submittal was made by CSM for Waters Annex. • On November 9, the City Council scheduled a public hearing to be held on December 4 to consider the petition to vacate a portion of these easements. • The proposed final subdivision approval for Waters Annex will be presented to the City Council at a future Council meeting. Adequate replacement drainage & utility easements will be dedicated as part of the Waters Annex final plat. • 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. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council. action. ATTACHMENTS: • Location Map, page & 7� • Easement Vacation Exhibit, pages 4P� aq Of Eap Engineering Depaftent Silicon Grapics 1st Add. Proposed Easement Vacation Location Map /,, CO ti ■ 0 0 11-1-06 PiME LEC00 MmEXISTING EASEMENTS OUTSIDE PROPOSED EASEMENTS PROPOSED EASEMENTS a 0 100 200 400 NSMALIES .. 51N ---F"E-E9T r CSM EQUITIES, L.L.C. — Petition to Vacate — Waters Annex DESCRIPTION OF EASEMENTS TO BE VACATED 1. The following drainage and utility easements dedicated in the plat of LONE OAK, which plat was filed of record on May 24, 1985, as Document No. 688442, Office of County Recorder, Dakota County, Minnesota: All drainage and utility easements dedicated within those portions of Outlots H and L of the recorded plat of LONE OAK, embraced within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION, and all drainage and utility easements dedicated within Outlot G of the recorded plat of LONE OAK. 2. The following drainage and utility easements dedicated in the plat of CRAY ADDITION, which plat was filed of record on January 15, 1988, as Document No. 823591, Office of County Recorder, Dakota County, Minnesota. All drainage and utility easements dedicated within Outlots B, C, and D, CRAY ADDITION. 3. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of CRAY SECOND ADDITION, which plat was filed of record on October 24,1989, as Document No. 909674, Office of County Recorder, Dakota County, Minnesota, All drainage easements for ponding and all drainage and utility easements dedicated within Outlots A, B and C, CRAY SECOND ADDITION. 4. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of SILICON GRAPHICS FIRST ADDITION, which plat was filed of record on April 17, 2001, as Document No. 1765742, Office of County Recorder, Dakota County, Minnesota. All drainage easements for ponding and all drainage and utility easements dedicated within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION. Agenda Information Memo December 4, 2006 Eagan City Council Meeting D. PROJECT 776, YANKEE DOODLE ROAD FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 776 (Yankee Doodle Road — Street and Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: Project 776 provided for the extension of Yankee Doodle Road (County Road 28) as a 4 -lane divided roadway with raised median from Highway 149 to Inver Grove Heights (and subsequently to Highway 55), bituminous trail on both sides of the roadway, trunk and lateral water main, lateral sanitary sewer, and lateral storm sewer. The Dakota County Transportation Department was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any County road extension, all new trail installations, .lateral storm sewer, and right-of-way acquisition. Also in accordance with the policy, the City is obligated for 100% of sanitary sewer and water main construction. The final assessment roll was presented to the City Council on November 9, 2006, with a public hearing being scheduled for December 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are equal to the Fee Schedule rates contained in the feasibility report presented at the public hearing held on May 15, 2001. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held November 30, to address all property owners' questions or concerns and provide any additional information of interest. Of the 9 parcels (Business Park) being assessed, two persons representing five (5) of the parcels attended the meeting and expressed objections to the proposed assessments. ATTACHMENTS: • Final Assessment Report, pagesl2 through �!3 • Letters of Objection, pages a:.d FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 776 Assessment: December 4, 2006 Name: Yankee Doodle Road Extension Project Approval Date: May 15, 2001 Streets and Utility Improvements Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk EZI Lateral4$ 5.70 45.70 /F.F. CI ❑ Service ❑ Lateral Benefit STORM SEWER ❑ Trunk Final Feasibility Rate Report Units WATER STREET H Trunk $2,010j 2 D iQ /Acre Cl ❑ Gravel Base to Lateral $53.78 / F.F Cl H Street Extension $137.60 $137.60 /F.F. CI ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/1 Equiv. . ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate . Assessed* Financed* County 28-15 Q 15 Years 5.50% $944.476 F.R. $383,064 F.R. $918,346.57 $1.270,394.83 (F.R. = Feasibility Report) la Ab� City of Bain Me To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: November 14, 2006 Subject: Final Assessment Roll, Project 776 Yankee Doodle Road — Street & Utility Extension At the public hearing on May 15, 2001, the City Council ordered Project 776. in accordance with the feasibility report, the following improvements were constructed: extension of a 4 -lane roadway with raised median from Highway 149 to Inver Grove Heights (and subsequently to Highway 55 within Inver Grove), bituminous trail on both sides of the roadway, trunk and lateral water main, lateral sanitary sewer, and lateral storm sewer. In the feasibility report, it was proposed to assess costs of street, sanitary sewer, water main and storm sewer improvements to benefiting properties in accordance with the City Special Assessment Policy. The improvements were completed under Dakota County Contract 28-15. The following information was used in the preparation ofthe.assessment roll for Project 776. I. PROJECT COST The construction cost for Project 776 includes the amount of $1,900,450.93 paid to the contractors for the construction of the improvements mentioned above. Other City costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $347,755.91 and right-of-way/ easement costs totaling $2,297,079.95 were incurred resulting in an improvement and project cost of $4,545,286.79. Right-of-way and easement acquisition costs approximately $1,600,000 over the feasibility report estimate contributed to a majority of the cost overrun on the project A summary of the costs is as follows: CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY Street, Trail, and Storm Sewer $1,680,024.19 $307,416.22 $1,987,440.41 $1,780,000 Sanitary Sewer $107,885.65 $19,822.09 $127,707.74 $122,400 Water Main $112,541.09 $20,517.60 $133,058.69 $100,306 R/W & Easement $2.297.079.95 $2.297.079.95.67$ 5.200 Acquisition Totals $4,197,530.88 $347,755.91 $4,545,286.79 $2,677,900 IL ASSESSMENTS A. TRUNK IMPROVEMENTS Trunk water main improvements were installed under this project, therefore, trunk assessments are proposed to two properties (PID's 10-01200-010-77 and 10-01200-020-77) not previously assessed, at the City Fee Schedule rate of $2,010/ acre in effect at the date of the public hearing for the project (May 15, 2001). B. STREET/STORM SEWER/ LATERAL UTILITY BDROVEMENTS AND ASSESSMENT RATES Street/ Storm Sewer Improvements - The street improvements consisted of the 4 -lane urban roadway (with raised median, tum lanes, concrete curb & gutter, lateral storm sewer, and bituminous trail on both sides) extension of Yankee Doodle Road from Highway 149 to the Inver Grove Heights border. The cost of construction is $1,680,024.19. Other costs in the amount of $307,416.22 were also incurred, resulting in a total improvement cost of $1,987,440.41. The total assessable front footage for this improvement is 5,271 feet. The costs result in a calculated front foot commercial/ industrial street & storm sewer rate in excess of the 2001 Fee Schedule Rate of $137.60/ front foot. Therefore, the assessment is limited to the Fee Schedule rate for the nine benefiting properties. 2. Lateral Sanitary Sewer Improvements — The lateral sanitary sewer improvements consisted of the construction of the construction of an 8 -inch main within Yankee Doodle Road and adjacent properties to provide sewer service to adjacent properties. The cost of construction is $107,895.65. Other costs in the amount of $19,822.09 were also incurred, resulting in a total improvement cost of $127,707.74. These costs result in a calculated front foot commercial/ industrial sanitary sewer lateral rate in excess of the 2001 Fee Schedule Rate of $45.70/ centerline foot ($22.85/ front foot). Therefore, the assessment is limited to the Fee Schedule rate for the two benefiting properties (PID's 10-01200-010-77 and 10-01200-020-77). The total assessable front footage for this improvement is 1,065 front feet. 3. Lateral Water Main Improvements — The lateral water main improvements consisted of the construction of the construction of 8 -inch and 12 -inch water mains within Yankee Doodle Road and adjacent properties to. provide water main service to adjacent properties. The cost of construction is $112,541.09. Other costs in the amount of $20,517.60 were also incurred, resulting in a total improvement cost of $133,058.69. The costs result in a calculated front foot commercial/ industrial water main lateral rate in excess of the 2001 Fee Schedule Rate of $58.10/ centerline foot ($29.05/ front foot). Therefore, the assessment is limited to the Fee Schedule rate for the two benefiting properties (PID's 10-01200-010-77 and 10-01200-020-77). The total assessable front footage for this improvement is 1,9,40 front feet. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. 1 4 III. REVENUES (COST RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY ' COUNTY EWPROVEMENT COST REVENUE RESPONSIBILITY RESPONSIBILITY Street, Trail, and Storm $1,987,440.41 $725,289.60 $169,058.59" $1,093,092.22 Sewer Sanitary Sewer $127,707.74 Water Main $133,058.69 $48,670.50 $79,037.24 $144,386.47 ($11,327:78) R/W & Easement $2.297,079.95 -0- Acquisition Total $4,545,286.79 $918,346.57 CITY FUND AMOUNT Major Street Fund $1,191,357.59 Sanitary Sewer Utility Fund $79,037.24 John Gord , , P.E. 14 Reviewed Public Works Deparhnen' t Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I $1.035.166.78 $1,270,394.83 -0- -0- $1.261.913.17 $2,355,005.39 Dated 3 �-15 �!r1';Irx i.» \• •• � ,,YY - `Si. -.i5 �� ,l+�yx. 'y�y .may -.i Bi S'F•' r�3 ` �Y �^� - �t 5✓R"k?fi�14 iYt C�'»f^'5, 1 ✓-��a ...-itC� 1'3C:n: k'Cipl ^5 A �'..�. Y=A��` MIN �S3 L 1fVdRa#Id "AAY ]N tt� K' P�F"�"ktrf > ^.nf =t:4% b ✓.y S �3-4,G �. Y 1 �yYk JS l moi: He.uY.� nt�H �iM� t[=L`Wid4x�'F� � +'t .z xv�'y Y 3': �yC�� • 'f.IF`.i"fl5'� �+c�` S'!a.f L'f,?�. ��•k Civ • '"� �`'�� ""� M 3 ¢;a�. f�. �, 1 • 1 �� • • �SW`.:.Y.gN24:iYffiI6 � • _ Q I h u. t 11 Yankee •.• • Project .776 Assessment Map -, Final Assessment Roll Yankee Doodle Road Extension Streets and Utilities City Project No. 778 n1 156W2.325' m 1560'I2 nl 730T2. 335' (r) 730'12 TOTALS 5271 1940 Wes 43.077 $ 726,289.60 $ 40,05327 $ 104,33330 $ 48,670.60 $ 918,346.67 - CommAndus. Street & Storm Sewer Assessment Rate Non- Residential Trunk Water Main Owrrefze Rate Non - Recldential Water Main Lateral Rate San" Sewer Lateral Rate TOTAL ASSESSMENT Property Owner PID Frontage (FF) Water Main Length (FT) Sanitary Sewer Length (FT) Area (Aero) $137.601FP $201WAore $63381FT $46.701 FT 1. Gopher Smelting 8 Refining 10-30801.020-01 431 3.014 $ 58 305.60 $ 59 305.00 2. Lo Nidy Co. Ina 10.30601-030-01 336 3.424 $ 48 233.60 $ 48 233.60 3. Gopher Smelting S Refining 10-15550-010-01 613 3.784 i 84 348.80 $ 84 348.80 4. Gopher SmeWng 8 Refining 1001200-010-77 1274 1150 700 n) 9.931 $ 17b 302.40 S 19 981.31 $ 81 847.00 $ 31 990.00 $ 288100.71 5. F VI Iola F. 10-0120D-020.77 1294 790 305 9.996 $ 178 064.40 $ 20 091.95 $ 42 486.20 $ 16 680.50 $ 257 313.00 S. Industrial E uities Greu 10-30604-010-01 613 8.771 $ 64 348.80 $ 54 348.60 7. Shafer Contracting Co. Inc. 10-30600.141-01 243 1.195 $ 33438.80 S 33436.50 W. Shafer ContractingCo. Ina 1030600.151-01 199 0.988 $ 27 382.40 E 27 382.40 9. IShafer Contracting Co. Inc. 1030800.101-01 i 288 1.984 $ 36 876.80 $ 38,878.80 n1 156W2.325' m 1560'I2 nl 730T2. 335' (r) 730'12 TOTALS 5271 1940 Wes 43.077 $ 726,289.60 $ 40,05327 $ 104,33330 $ 48,670.60 $ 918,346.67 Combined Assessment Roll Project Number IOP776 Proposed Pending PID Addition Name Souse Nbr Street Name Assessment Assessment 10-01200-010-77 Section 12 $289,100.71 $301,264.21 10-01200-020-77 Section 12 $257,313.06 $271,278.06 10-15550-010-01 Burr Oak Business P 625 Yankee Doodle $84,348.80 $84,348.80 10-30600.141-01 Gopher Eagan Indus $33,436.80 $33,436.80 10-30600-151-01 Gopher Eagan Indus 634 Yankee Doodle $27,382.40 $27,382.40 1030600-161-01 Gopher Eagan Indus $36.876.80 $36'876.80 1D-30601-020-01 Gopher Eagan -Indus 338D Hwy 149 $59,305.60 $59,305.60 10.30601-030-01 Gopher Eagan Indus 635 Yankee Doodle. $46,233.60 $46,233.60 10-30604-010-01 Gopher Eagan Indus 580 Yankee Doodle $84,348.80 $84,348.80 ___._. _.___r. - -- ..._. _ _.. ^.. _._.__— _.._..__._.... Summary tor'SA_NbY= fOP776 (9 detail records) ___ ._.._._.—.._..._.__. _. Sum $918,346.57 $944,475.07 Variance $12,163.50 $13,965.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $28,128.50 Friday, December 01, 2006 Page 1 of LEONARD STREET AND DEINARD December 1, 2006 Mayor Pat Geagan City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 ISO SOUTH FIFTH STRUT SUM 2300 MINNBAPOLIS, MINNBSOTA SS402 612-335-ISOO MAIN 612-33S•1657 UK TIMOTHY d. KEANE 612-335-7192 tim.keane@leonard.com Re: City. of Eagan Project No. 776 — Yankee Doodle Road Extension Notice of Objection to Special Assessment for Project #1 OP776 Our File No. 59955.00001 Dear Mayor Geagan: This letter is offered on behalf of our client Virginia F. Fox and the Virginia F. Fox Trust by and through her power of attorney, Jackie Hoeft. The purpose of this letter is to file a notice of objection in the matter of the above -referenced project to the special assessment of $257,313.06 proposed to be levied against the property identified as PID 10-01200-020-77. Sincerely, LEONARD, STREET AND DEINARD Professional Association Timothy J. cane TJK:sf cc: Ms. Virginia F. Fox Ms. Jackie Hoeft Mr. Russ Matthys, P.E. (via fax 651-675-5694) Ms. Maria Petersen, City Clork James R. Dorsey, Esq. LAW OMCBS IN MINNBAPOUS • MANKATO • ST. CLOUD • WASHINGTON, U.C. i A Wasslonnl Astnclaum 3610079.1 7 W W W.LBONAxn.COM Agenda Information Memo December 4, 2006 Eagan City Council Meeting E PROJECT 877 LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Approve the final assessment roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 — Street Reconstruction and Overlay) and authorize its certification to Dakota County for collection. FACTS: • Project 877 provided for street rehabilitation to the north one mile of Lexington Avenue (County State Aid Highway' 43). The northern 1/3'd of this section was reconstructed and realigned when I -35E was built in 1983 and needed a structural maintenance mill and overlay as part of the project. The middle segment was over 35 years old with significant distresses and did not meet County structural design standards. This segment required a full reconstruction with new concrete curb and gutter. The southern segment was fully reconstructed in 1993 with the upgrade of the Lone Oak Road intersection and needed only a surface mill and overlay. • The City was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any reconstruction (i.e. middle section) and all new trail installations. The City's policy for financing this obligation is to levy a special assessment against the adjacent properties benefiting from these street upgrade improvements. The trail improvement is not assessable and will be financed from the City's Major Street and Trail Fund. • The final assessment roll was presented to the City Council on October 17, 2006, with a public hearing being scheduled for November 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. On November 9 the Council rescheduled the public hearing to December 4. The final assessments are approximately equal to the estimate contained in the Feasibility Report presented at the Public Hearing held on March 16, 2004. • All. notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held November 30, to address all property owners' questions or concerns and provide any additional information of interest. Of the 25 parcels (R-1, Office/Warehouse & Industrial) being assessed, one person representing one property attended the meeting. No objections have been received to date. ATTACHMENTS: • Final Assessment Report, pages 8A through 9D FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 877 Assessment: December 4, 2006 Name: Lexington Avenue (Lone Oak Rd to TH 55) Project Approval Date: March 16, 2004 Reconstruct/Mill & Overlay Final Feasibility Rate Report Units SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lot. Benefithrunk WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat Benefit/trunk ❑ WAC STORM SEWER ❑ Trunk Final Feasibility Rate Report Units $2,915 $2,915 / Lot $139.95$139.85 /F.F. $131.74$121.50 / S.Y. ❑ Service Pair STREET ❑ Gravel Base * Surfacing/ Signs ❑ Energy Charge Single -Family Res Comm & Indust ❑ Multi Family Equiv. ❑ C/I Equiv. ® Driveway Assessed Financed Comm & Indust Final Feasibility Rate Report Units $2,915 $2,915 / Lot $139.95$139.85 /F.F. $131.74$121.50 / S.Y. ❑ Service Pair I ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City/County Number Parcels Terms Rate Assessed Financed 04-04 25 10 Years 5.50% $282.900 F.R. $722,600 F.R. $311.383.00 $579.173.34 (F.R. = Feasibility Report) City of Badu �cmo To: Mayor and City Council From: Russ Matthys, City Engineer Date: November 15, 2006 Subject: Final Assessment Roll, Project 877 Lexington Avenue (Lone Oak Road to Trunk Highway 55) = Street Reconstruction & Overlay At the public hearing on March 16, 2004, the City Council ordered Project 877, and in accordance with the feasibility report, the following improvements were constructed: full pavement reconstruction, mill and overlay, replacement of traffic signage, trail construction, street lights, concrete driveway aprons and installation/replacement of curb and gutter for Lexington Avenue from Lone Oak Road to Trunk Highway 55, as needed. No sanitary sewer improvements were constructed. In the feasibility report,. it was proposed to assess 75% of the cost for the street reconstruction and signage improvements adjacent to low density/single-family residential lots, 100% of the cost adjacent to commercial/industrial properties, and not assess the cost for the street overlay to adjacent properties (100% cost responsibility of Dakota County), all in accordance with the City Special Assessment Policy. The improvements were completed under Contract 0404. The following information was used in the preparation of the assessment roll for Project 877. L PROJECT COST The construction cost includes the amount of $646,486.26 paid to the contractor for the construction of the improvements. Other project costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $244,070.08 were incurred resulting in an improvement and project cost of $890,55634. The detail of these other costs is provided on Schedule L These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASEBILM IMPROVEMENT COST COST REPORT Street Reconstruction $473,989.47 $178,946.80 $652,936.27 $681,485 Mill & Overlay 73,351.97 27,692.81 101,044.78 126,800 Curb & Gutter 50,431.90 19,039.72 69,471.62 121,000 Replace/repair Concrete Driveway Aprons 20,668.20 7,802.93 28,471.13 15,815 Utilities —6;757.65�- 2,551.24 9,308.89 - 23,400 Trail Construction 21.287.07 08.036.58 29.323.65 37.000 Totals $646,486.26 $244,070.08 $890,556.34 $1,005,500 99 iI. ASSESSMENTS A TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. ASSESSABLE IIMIPROVEMENTS 1. STREET WROVEMENTS The costs of the street improvements were computed using the following unit prices and quantities: Mobilization LS Clearing & Grubbing LS Remove Storm Sewer Pipe LIN FT Remove Bituminous Pavement SQ YD Remove Drainage Structure EACH Sawing Concrete Pavement LIN FT Sawing Bit Pavement (Full Depth) LIN FT Salvage Wooden Fence LIN FT Salvage Sign Type C EACH Salvage Mail Box Support EACH Salvage Mail Box EACH Common Excavation (P) CU YD Subgrade Excavation CU YD Select Granular Borrow (CV) CU YD Miscellaneous Equipment LS Aggregate Base (CV) Class 5 CU YD Type MV 3 Wear Course TON Type MV 2 Non Wear Course TON Type LV 2 Non Wear Course TON Bit Material For Tack Coat GALLON Adjust Gate Valve & Box EACH Construct Drainage Structure 48-4020 LIN FT Construct Drainage Structure 60-4020 LIN FT Casting Assembly EACH Adjust Casting - San MH EACH Concrete Curb & Gutter - B618 LIN FT Install Mail Box Support EACH Mail Box EACH Traffic Control LS Sign Panels Type C SQ FT Sign Panels Type D SQ FT Install Sign Type ,C EACH Relocate Sign EACH Pvmnt Message (Left Arrow) Epoxy EACH UNIT EXTENDED 1 $17,096.46 $17,096.46 1 1,922.00 1,922.00 8 7.00 56.00 11,735 1.20 14,082.00 3 195.00 585.00 16 5.05 80.80 436 3.75 1,635.00 15 18.50 277.50 20 20.80 416.00 18 26.00 468.00 21 5.20 109.20 4,433.64 10.00 44,336.39 8,422 7.00 58,954.00 8,422 7.75 65,270.50 1 2,487.50 2,487.50 3,408.5 17.90 61,012.15 1,013.06 40.50 41,028.93 1,809.26 40.20 72,732.25 1,574.73 34.35 54,091.98 1,811.70 1.25 2,264.63 7 210.00 1,470.00 9.97 245.00 2,442.65 7 310.00 2,170.00 3 400.00 1,200.00 9 425.00 3,825.00 3,148 9.10 28,646.80 19.00 90.00 1,710.00 21.00 20.80 436.80 1 37,000.00 16,039.50 118.50 25.00 2,962.50 42.76 26.00 1,111.76 10.00 8850 885.00 1.00 182.00 182.00 7.50 .131.00 982.50 Pvmnt Message (Rr Crossing) Epoxy EACH 4.50 525.00 2,362.50 Pvmnt Message (Left Arrow) Preform EACH 2.00 312.00 624.00 Pvmnt Message (Rt Arrow) Preform EACH 1.32 312.00 411.84 4" Solid Line White -Paint LIN FT 6,037 0.31 1,871.47 4" Double Solid Line Yellow -Paint LIN FT 3,342 0.32 1,069.44 4" Solid Line White -Epoxy LIN FT 3,274 0.30 982.20 12" Solid Line White -Epoxy LIN FT 191 6.25 1,193.75 24" Solid Line White -Epoxy LIN FT 115 7.30 839.50 4" Broken Line White -Epoxy , LIN FT 2,530 0.30 759.00 4" Solid Line Yellow -Epoxy LIN FT 7,448 0.30 2,234.40 24" Solid Line Yellow -Epoxy LIN FT 17 5.15 87.55 Seeding ACRE 0.50 203.00 101.50 Sodding Type Lawn SQ YD 3,453.5 2.20 7,597.76 Commercial Fertilizer 22-5-10 POUND 50 0.55 27.50 Removable Preform Plastic Marking LIN FT 128 0.75 96.00 SUBTOTAL $527,904.14 Other costs @ 37.75% $199,301.38 Street Improvement Cost $727,205.52 2. DRIVEWAY IMPROVEMENTS The costs of the driveway improvements were computed using the following unit prices and quantities: UNIT EXTENDED Remove Driveway Concrete Pvmnt SY 198 $5.90 $1,168.20 6" Concrete Driveway Pavement SY 500 39.00 19,500.00 SUBTOTAL $20,668.20 Other costs @ 37.75% $7,802.93 Driveway Improvement Cost $28,471.13 C. IMPROVEMENT AND -ASSESSMENT RATES The assessable properties within the project area include a mixture of low-density residential, commercial and industrial. The improvement costs and assessment rates for the various properties are computed as follows: 102 Thirteen residential equivalent properties within the project area are low-density residential with direct driveway access to the reconstructed segment of street. 456 feet of residential property is not assessable as the property does not take access to Lexington Avenue. The improvement rates for these low-density residential properties, based on a residential street equivalent (32/52), are computed as follows; however the assessment rates are capped at the appraisal rate of $2,915.00: Street Improvement Costs = $727,205.52 Total Low -Density Residential Frontage w/ direct access = 1,269/ 3,731 (Total F.F.) = 34.0% Total Improvement Cost (Low -Density) = $727,205.52 x 34.0% x 32/52 = $152,208.94 TOTAL P"ROVEMENT ASSESSABLE COST UNITS IWROVEMENT RATE $152,208.94 EUPROVEMENT RATE $11,70838/ Lot 13 Lots ASSESSABLE PORTION X 75% $11,708.38/Lot ASSESSMENT RATE $8,781.29/Lot Appraisal $2,915/Lot 2. Four commercial/industrial properties within the project area have direct driveway access to the reconstructed portion of Lexington Avenue. These parcels are proposed to be assessed based on their common property's front footage adjacent to Lexington Avenue. The improvement rates for these commercial/industrial properties are computed as follows; however the assessment rates are capped at the Fee Schedule (2004) rate of $139.85 per front foot: Street Improvement Costs = $727,205.52 Total Commercial/Industrial Frontage =1,752/ 3,731 (Total F.F.) = 47.0% Total Improvement Cost (Commercial/Industrial) = $727,205.52 x 47.0% = $341,480.59 I TOTAL UVIPROVEMENT ASSESSABLE COST UNITS ASSESSMENT RATE $341,480.59 1,752 F.F. $194.91/ F.F. Fee Schedule $139.85/ F.F. 3. Four commercial/industrial businesses within the project area had standard concrete commercial/industrial driveway aprons constructed as part of the project. The relevant parcels are proposed to be assessed based on the actual cost of the driveway apron construction for each parcel. TOTAL IMPROVEMENT ASSESSABLE COST UNITS ASSESSMENT RATE $28,471.13 216.11 S.Y. r $131.74/ S.Y. D. ASSESSMENT TERMS The assessments are. proposed for a term of 10 years. The interest rate is 5.50% per annum on the unpaid balance. III. CITY REVENUES/ RESPONSIBUM U"ROVEMENT ASSESSMENT CITY/COUNTY Street Reconstruct ion $652,936.27 $282,913.00 $370,023.2; Mill & Overlay 101,044.78 0.00 101,044.78 Curb & Gutter Replace/repair 69,471.62 0.00 69,471.62 Concrete Driveway Aprons 28,471.13 28,470.00 1.13 Utilities 9,308.89 0.0.0 9,308.89 Trail Construction 29.323.65 0.00 29.323.65 Total $890,55634 $311,383.00 $579,173.34 FUND AMOUNT Major Street Fund $147,281.66 Storm Sewer Fund $9,308.89 Dakota Co Transportation $422,582.79 g_ vit'l I (� Russ Matthys, P.E. Reviewed: i l6k lic Works Departmenth /2- /- o(o Dated Dated o Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant REs Combined Assessment Roll Project Number 1OP877 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment variance 10-00200-010.31 2725 Highway 55 $7,319.00 $16,038.00 $8,719.00 10-00300-010-77 Section 3 2977 Lexington Ave $2,915.00 $2,915.00 $0.00 , 10-00300-020-75 Section 3 2837 Lexington Ave $2,915.00 $2,915.00 $0.00 1000300-020-76 Section 3 2875 Lexington Ave $2,915.00 $2,915.00 $0.00 10.00300-030-75 Section 3 2849 Lexington Ave $2,915.00 $2,915.00 $0.00 10.22501-152-00 Eagandale Center In 2950 Lexington Ave $77,949.00 $75,519.00 ($2,430.00) 10.22509-010-01 Eagandale Center In 2905 Lexington Ave $74,540.00 $74,540.00 $0.00 10.22509-020-01 Eagandale Center In 2935 Lexington Ave $38,179.00 $38,179.00 $0.00 10.47750-150-01 Me Kee 2816 Lexington Ave $2,915.00 $2,915.00 $0.00 10-07750-150-02 Me Kee 2830 Lexington Ave $2,915.00 $2,915.00 $0.00 1047750-150-03 Me Kee 2856 Lexington Ave $2,915.00 $2,915.00 $0.00 1047750160-02 Mc Kee 2836 Lexington Ave $2,915.00 $2,915.00 $0.00 10.47750170-02 Mc Kee 2842 Lexington Ave $2,915.00 $2,915.00 $0.00 10.47751-120-02 Me Kee 2nd 2882 Lexington Ave $2,915.00 $2,915.00 . $0.00 10-47751-130-01 Me Kee 2nd 2862 Lexington Ave $2,915.00 $2;915.00 $0.00 10-47752-110-01 Mc Kee 3rd 2888 Lexington Ave $2,915.00 $2,915.00 $0.00 10-47752-110-02 Me Kee 3rd .2896 Lexington Ave $2,915.00 $2,915.00 $0.00 1051700-01001 Northern Power Prod 2859 Lexington Ave $56,779.00 $56,779.00 $0.00 1057750040-00 Plainview 2750 Lexington Ave $4,289.00 $12,636.00 $8,347.00 1057750-050-00 Plainview 2750 Lexington Ave $5,387.00 $7,169.00 $1,782.00 1057750-07000 Plainview 2804 Lexington Ave $9,046.00 $8,019.00 ($1,027.00) Summary for'SA Nbe = W877 (21 detail records) Sum $311,383,00 $326,774.00 $15,391.00 Wednesday, November 15, 2006 Page 1 of Appendix B -2A Preliminary Assessement Roll Lexington Avenue -Lone Oak Road to TH 55 City Project No. 877 Revised 3-16-04 CommerciaVlndustrial Assessment Address Parcel P.I.N. Driveway Area (sq yds)Rate Assessment Total Assessment 2750 Lexington Avenue 10-57750-040-00 104 $121.50 $12,636 2750 Lexington Avenue 10-57750-050-00 59 $121.50 $7,169 2804 Lexington Avenue 10-57750-070-00 66 $121.50 $8,019 2990 Lexington Avenue 10-13600-010-01 60 $121.50 $7,290 2725 Hwy 55 10-00200-010-31 132 $121.50 $16,038 Final Assessement Roll Lexington Avenue -Lone Oak Road to TH 55 City Project No. 877 Updated 11-8-0.6 Commercial/Industrial Assessment Address Parcel P.I.N. Driveway Area (sq yds)Rate Assessment Total Assessment 2750 Lexington Avenue 10-57750-040-00 32.56 $131.74 $4,289 2750 Lexington Avenue 10-57750-050-00 40.89 $131.74 $5,387 2804 Lexington Avenue 10-5775 -070-00 68.67 $131.74 $9,046 2990 Lexington Avenue 10-13600410-01 0.00 $131.74 $0 2725 Hwy 55 10-00200-010-31 55.56 $131.74 $7,319 2950 Lexington Avenue 10-22501-152-00 1 18.44 1 $131.741 $2,430 1945.00 . $28,470 G:\Russ Matthys\'04\Misc\Prof 877, Drwy Assess, 3-16-04 Combined Assessment Roll Project Number 1OP877 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment 10-00200-010-31 2725 Highway 55 $7,319.00 $16,038.00 10-00300-010-77 Section 3 2977 Lexington Ave $2,915.00 $2,915.00 10-00300-020-75 Section 3 2837 Lexington Ave $2,915.00 $2,915.00 10-00300-020.76 Secton 3 2875 Lexington Ave $2,915.00 $2,915.00 10-00300-030.75 Section 3 2849 Lexington Ave $2,915.00 $2,915.00 10.22501-152-00 Eagandale Center In 2950 Lexington Ave $77,949.00 $75,519.00 -10-22509.010=01 Eagandale Center In 2905 Lexington Ave $74,540.00 $74,540.00 10-22509-020-01 Eagandale Center In 2935 Lexington Ave $38,179.00 $38,179.00 1047750-150-01 Mc Kee 2816 Lexington Ave $2,915.00 $2,915.00 1047750-150-02 Mc Kee 2830 Lexington Ave $2,915.00 $2,915.00 1047750-150-03 Mc Kee 2856 Lexington Ave $4915.00. $2,915.00 10.47750-160.02 Mc Kee 2836 Lexington Ave $2,915.00 $2,915.00 1047750-170-02 Mc Kee 2842 Lexington Ave $2,915.00 $2,915.00 10-47751-120-02 Mc Kee 2nd 2882 Lexington Ave $2,915.00 $2,915.00 1047751-130-01 Mc Kee 2nd 2862 Lexington Ave $2,915.00 $2,915.00 1047752-110-01 Mc Kee 3rd 2888 Lexington Ave $2,915.00 $2,915.00 1047752-11002 Mc Kee 3rd 2896 Lexington Ave $2,915.00 $2,915.00 1051700-010-01 Northern Power Prod 2859 Lexington Ave $56,779.00 $56,779.00 1057750-040-00 Plainview 2750 Lexington Ade - $4,289.00 $12,636.00 10-57750-050-00 Plainview 2750 Lexington Ave $5,387.00 $7,169.00 10-57750-070-00 Plainview 2804 Lexington Ave $9,046.00 $8,019.00 Summarytor'SA_Nb/ = 10P877 (21 detail records) Sum $311,383.00 $326,774.00 Variance $8,719.00 $0.00 $0.00 $0.00 $0.00 ($2,430.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,347.00 $1,782.00 ($1,027.00) $15,391.00 Friday, December 01, 2006 a Page I of 1� Agenda Information Memo December 4, 2006 Eagan City Council Meeting F. PROJECT 928, MEADOW VIEW ROAD/ ALEXANDER ROAD' STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the. Final Assessment Roll for Project 928 (Meadowview Road/ Alexander Road - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 928 provided for upgrade of Meadowview Road to current City standards and realignment/resurfacing of Alexander Road, located west of Highway 13 in northwest Eagan. The project also provided for the construction of concrete entrance aprons to commercial/ industrial properties along both streets. • The Final Assessment Roll was presented to the City Council on October 3, 2006, with a public hearing originally scheduled for November 9 to formally present the final costs associated with this public improvement to the affected benefiting properties. • As a result of questions raised prior to and at the November 2 informational meeting regarding the final assessment amounts and allocation methodology, the assessments were reviewed and the Final Assessment Roll revised. This required re -notification of all property owners and rescheduling of the public hearing to a new date of December 4, 2006. • The final assessment cost is approximately 37% more than the estimated benefit amounts that were presented at the original Public Hearing February 21, 2006, due to higher than anticipated construction and contract management costs. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. An additional informational meeting was held on November 30 to address all property owners' questions or concerns and provide any additional information of interest. • Of the 10 parcels (all Commercial/ Industrial) being assessed, one property owner attended the meeting. City staff discussed the method of assessment with the property owner. ATTACHMENTS: • Final Assessment Report, pagesr l through L(A. FINAL ASSESSMENT HEARING -PROJECT PUBLIC HEARING DATES Number: Project 928 Assessment: December 4, 2006 Name: Meadowview Road Street Upgrade • Project Approval Date: February 21, 2006 Alexander Road Mill & Overlay Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lateral Benefit WATER City STREET Financed* 5.50% $275.670 F.R. ❑ Trunk ❑ Gravel Base (F.R = Feasibility Report) ❑ Lateral 0 Surfacing/ Signs $23.342.75/ 81.84/ Meadowview D/W '1$ 5.85 $21.12 /F.F. Alexander ❑ Service ❑ Multi Fatuity Equiv. ❑ Lat Benefit/trunk sem---• .. _ . ❑ WAC ❑ C/I Equiv. H Concrete Driveway6$ 9.356$ 1.42 /S.Y. Replaced OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Number Parcels Terms 0606=02 10 15 Years Interest Amount City Rate Assessed* Financed* 5.50% $275.670 F.R. $88,050 F.R $379.007.94 $71500.94 (F.R = Feasibility Report) gab 'T'o City of Eap Meso To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: November 14, 2006 Subject: Final Assessment Roll, Project 928 Meadowview Road/ Alexander Road Street Improvements At the public hearing on February 21, 2006, the City Council ordered Project 928mprovements were con, and in accordance with the feasibility of Meadowview Road to standards with corepoM ncretehe lcub &lowing 'gutter, bituminous aving, the ill and overlay lay of Alexander Road, the re -alignment street aatportion of Alexander Road, the installation of standard concrete driveway entrances on Meadowview and Alexander, and replacement of traffic and street signage for Meadowview and Alexander Roads. The proposed abandonment of a portion of sanitary sewer was later determined to be unnecessary and not feasible and, therefore, not performed. In the feasibility report, it was proposed to assess 100% of the street upgrade and signage improvements on Meadowview Road, up to the rate identified in the 2006 Fee Schedule, in accordance with the City Special Assessment Policy. However, due to the significant variances in individual lot frontage, and the recognizable similarity in benefits to each property based on their existing (or potential) driveway connections, the final assessment roll is based on "driveway equivalent" rather than Fee Schedule rates of actual frontage. It was also proposed to assess 100% of the overlay and signage improvements on Alexander Road, and 100% of the concrete entrance improvements on both Meadowview and Alexander Roads, in accordance with the City Special Assessment Policy. The improvements were completed under Contract 06-02. The following information was used in the preparation of the assessment roll for Project 928. L PROJECT COST The construction cost includes.the amount of $338,510.92 paid to the contractors for the construction of the improvements. Traffic and street signage was installed ata cost of $1,637.26. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $113,196.72 were incurred resulting in an improvement and project cost of $451,707.64. The detail of these other costs is provided on Schedule L These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT CONSTRUCTION OTEER IMPROVEMENT FEASIBILITY Street Upgrade/Sign COST COSTS COST REPORT Replace (Meadowview) $192,248.16 $64,522.13 $256,770.29 $181,200 Street Resurfacing/Sign Sign Replace (Alexander) $25,288.65 $8,263.36 $33,552.01 $44,720 Alexander Rd. Curve Realign $42,244.78 $13,923.20 $56,167.98 $57,100 Concrete Entrance Aprons $67,232.06 $22,639.34 $89,871.40 $49,700 C & G Repair (Alexander) $11,497.27 $3,848.69 $15,345.96 $23,550 Sanitary Sewer Abandonment ` $7,400 Totals $338,510.92 $113,1%.72 $451,707.64 $363,720 am II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk improvements were installed under this project, therefore, trunk assessments are not proposed in this assessment roll. B. STREET IMPROVEMENTS -MEADOWVIEWROAD/ ALEXANDER ROAD 1. Meadowview Road - The costs of the street upgrade and street signage improvements on the 367foot wide commercial/industrial street was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $2,840 $2,840.00 Clearing Tree 7 $50.00 350.00 Grubbing Tree 7 $50.00 350.00 Remove Bituminous Driveway Pvmt. SY 803 $4.56 $3,661.68 Common Excavation CY 673 $5.85 $3,937.05 Granular Borrow (LV) CY 1030 $13.75 $14,162.50 Common Borrow (LV) CY 1690 $7.60 $12,844.00 Modular Block Retaining Wall SF 0 $22.60 0 Remove Concrete Culvert Pipes & FES LF 22 $15.75 $346.50 Remove Corrugated Metal Pipes & FES LF 265 $8.40 $2,226.00 Remove Concrete FES EA 2 $265.00 $530.00 Bulkhead Concrete Pipe EA 2 $788.00 $1,576.00 Salvage Hydrant EA 2 $945.00 $1,890.00 Connect to Existing Storm Manhole/Catch Basin EA 6 $840.00 $5,040.00 12" RC Pipe Sewer Design 3006, Cl. V LF 109 $45.15 $4,921.35 rnnctniet rAtch Rasin w/este. (Std. Plate 232 Construct Storm Manhole over Ex. Pipe (w/cstg.) Class V Aggregate Base, 100% Crushed B618 Concrete Curb & Gutter Type LVNW35030C Non -Wearing Course Mixture (3") Type LVNW45030C Wearing Course Mixture (1 1/2") Bituminous Material for Tack Coat Adjust Water Valve Box Repair Gate Valve Top Section w/Cover (SP 100) Gate Valve Nut Ext. Repair Gate Valve Mid Section w/Cover (SP 100) Hydrant (10' bury) Hydrant EA 3 $2,162.00 $6,486.00 EA 2 $2,318.00 $4,636.00 TN 2,385.65 $12.16 $29,009.50 LF 1,714 8.46 $14,500.44 TN 622.93 $41.25 $25,695.86 TN 392.64 $45.97 $18,049.66 GAL . 250 $1.50 $375.00 EA 1 $100.00 $100.00 EA 4 $143.00 $572.00 LF 4 $158.00 $632.00 EA 5 $200.00 $1,000.00 EA 1 $2,730.00 $2,730.00 EA 1 $2,310.00 $2,310.00 P4 Adjust Frame & Ring Casting (MH - Complete Rings Install Casting Reconstruct Manhole Seeding, Type MnDOT 270 Mulch Material, Type 1 Sodding, Highland Type Lawn - Salt Resistant Select Topsoil Borrow (LV) 4" Double Solid Line Yellow - Epoxy Silt Fence, Machine -Sliced Traffic Control Replace Traffic Signs SUBTOTAL Other costs @32.8% EA 4 $295.00 $1,180.00 EA 7 $428.00 $2,996.00 LF 19.42 $252.00 $4,893.84 AC 0.8 $3,150.00 $2,520.00 TN 1.6 $367.50 $588.00 SY 969 5.57 $5,397.33 CY 330.37 $22.05 $7,284.66 LF 1107 $0.38 $420.66 LF 1,521 $2.50 $3,802.50 LS 1 $1,575.00 $1,575.00 LS 1 $818.63 $818.63 $192,248.16 $64,522.13 Meadowview Upgrade/ Street Signs 36' Street $256,770.29 2. Alexander Road - The costs of the street overlay and street signage improvements on the 44 -foot wide commercial/ industrial street were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization Repair Sprinkler System Mill Bituminous Pvmt. (1'/." depth) Type LV WE45030B Wearing Course Mixture Bituminous Material for Tack Coat Repair GV Top Seot. w/Cover (SP 100) Adjust Frame & Ring Casting __..._ _. �►(_.I`efe Rings) Remove & Replace MH Casting/Rings (1642B) Adjust MH Casting - Riser Adjustment 4" Double Solid Line Yellow - Epoxy Traffic Control Pavement Message - Lt./fhru Replace Traffic Signs SUBTOTAL Other costs @ 32.8% Alexander Mill & Overlay/ Street LS 1 $2,000.00 $2,000.00 EA 1 $60.00 $60.00 SY 1,710 $1.25 $2,137.50 TN 431.68 $39.95 $17,245.62 GAL 400 $1,50 $600.00 EA 1 $143.00 $143.00 EA 1 $295.00 $295.00 EA 1 $500.00 $500.00 EA 0 $140.00 0 LF 1155 $0.38 $438.90 LS 1 $1,050.00 $1,050.00 EA 1 $183.75 $183.75 LS --__ 1... $818.63 $818.63 44' Street 3 15 $25,288.65 $8,263.36 $33,552.01 3. Commercial/Industrial Properties with Driveway Entrance - The assessments for driveway replacement were computed using the total costs to replace the driveways with improved concrete entrance. UNIT EXTENDED ITEM UNIT QTY PRICE COST . Remove Bituminous Pavement Type LV WE45030BWear Course Driveway Patch Remove & Replace Casting (Manhole Common Excavation Aggregate Base. CL. 5 7" Concrete Driveway Entrance Apron Sodding, Type Lawn (Highland) Topsoil Borrow Remove Concrete Curb & Gutter SUBTOTAL Other costs Q 32.8% Concrete Entrance Aprons SY 935 $4.56 $4,263.60 SY 527 $20.25 $10,671.75 EA 1 $500.00 $500.00 CY 25 $10.00 $250.00 TON 50 $20.00 $1,000.00 SY 1,296 $34.81 $45,113.76 SY 238 $7.15 $1,701.70 CY 20 $22.05 $441.00 LF 615 $5.35 $3,290.25 $67,232.06 $22,639.34 $89,871.40 C. IIMYROVEMENT AND ASSESSMENT RATES 1. Meadowview Road -Eight commercial/ industrial properties within the project area have direct driveway access to Meadowview. The upgrade improvement assessment rate for these properties is proposed based on the number of existing and potential driveway accesses to Meadowview Road. There are eleven existing and potential driveway accesses onto this street improvement. The assessment rate is calculated as follows: Total Meadowview Road Improvement Cost = $256,770.29 Assessment Rate = $256,770.29/ 11 Driveways = $23,242.75/ Driveway 2. Alexander Road –Six commercial/ industrial properties within the project area have direct driveway access to Alexander. These properties are proposed to be assessed based on their front footage adjacent to Alexander Road. The improvement and assessment rate for these properties is computed as follows: Mill & Overlay/ Sign Costs = $33,352.01 Total Frontage = 2,117 Front Feet Total Improvement Cost Rate = $33,552.01/ 2,117 = $15.85/ F.F. 3. Concrete Entrance Aprons – Eight driveways to commercial/ industrial properties were replaced with new concrete entrance aprons. The improvement and assessment rate per square yard for concrete entrance — aprons were computed as follows: Concrete Entrance Apron Costs = $89,871.40/ 1,296 S.Y. = $6935/ S.Y. D. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. 4 MA III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT COST ASSESSMENT REVENUE CITY RESPONSIBILITY Meadowview Rd. $256,770.29 $256,770.29 0 Alexander Rd. $33,352.38 $32,365.70 $987.00 Alexander Rd. Realignment $56,167.98 0 $56,167.98 Concrete Entrance Aprons $89,871.40 $89,871.40 0 Curb & Gutter Repair $15,345.96 0$15,345.96 TOTALS $451,508.01 $379,007.39 $ 72,500.94 . FUND AMOUNT Major Street Fund $72,500.94 Jobni Gorder, P.E. V Reviewed Public Works Department it -30--0(11 Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Dated 5 0 l'2--1 -01:7 Appendix B - City Project No. 928 Final Assessment Roll (12/4/06) Meadowview Road/ Alexander Road Street Improvements * ConcreteDriveway Replacement Rate = $69.35/ S.Y. ** Includes 75' Corner Lot Credit for Parcel 10-39900-010-02 L/Enginmring/JG/928 12-04-06 Meadowview Road Alexander Road TOTAL # Street Street D/W D/W Street Street D/W D/W ASSMT P.I.N. / Parcel D/W's Rate/D.W. Assmt S.Y.** Assmt F.F. Rate/F.F. Assmt S.Y.** Assmt 10-00800-010-04 1 Vacant 1 $23,342.75 $23,342.75 88.3 $6,123.61 — — — — $29,466.36 10-00800-030-04 3083 Sibley Memorial Highway 1 $23,342.75 $23,342.75 — -- — - - $23,342.75 10-00900-010-26 3045 Highway 13 2 $23,342.75 1 $46,685.50 179.5 $12448.33 — — — — - $59,133.83 10-22480-010-01 I 3103 SibleyHi Memorial wa 1.5 $23,342.75 $35,014.13 341.0 $23,648.35 447 $15.85 $7,084.95 — -- $65,747.43 10-22480-020-01 3107 Sibley Memorial Highway 2.5 $23,342.75 $58,356.88 226.5 $15,707.78 180 $15.85 $2,853.00 — -- $76,917.66 10-39900-010-02 Vacant 1 $23,342.75 $23,342.75 56.4 $3,911.34 310 $15.85 $4,913.50 — — $32,167.59 10-48100-050-00 3105 Sibley Memorial Highway.1 $23,342.75 $23,342.75 -- 24 $15.85 $380.40 -- $23,723.15 10-78500-010-01 3085 Highway 13* 1 $23,342.75 1 $23,342.75 65.0 $4,507.75 — -- — - $27,850.50 10-68050-010-01 1710 Alexander Road — — — — — 293 $15.85 $4,644.05 208 $14,424.80 $19,068.85 10-80220-010-01 1720 Alexander Road — -- - 788 $15.85 $12,489.80 131.3 $9,105.66 $21,595.46 TOTALS 11 — $256,770.29 956.7 $66,387.16 2,117** — $32,365.70 339.3 $23,530.46 $379,007.0 * ConcreteDriveway Replacement Rate = $69.35/ S.Y. ** Includes 75' Corner Lot Credit for Parcel 10-39900-010-02 L/Enginmring/JG/928 12-04-06 I Final Assessment Roll ' Yankee Doodle Road Extension j Streets and Udlitles jj City Project No. 776 Irr 1580112+325' RI 1580'2 6I 730'2 + 335' I4I 730'2 TOTALS. 6271 1040 1066 43.077 S 726,286.60 $ 40,063.27 $ 104,333.20 $ 48,870.60 $ 818,346.87 - � . ., CommAndus. Street & Storm Sewer Assessment Rate Non- .Residential Trunk Water Main Oversize Rate I Non - Residential Water Main Lateral Rate Sanitary Sewer Lateral Rate TOTAL ASSESSMENT Properly Owner PID Frontage (FF) Water Main Length (F7) Sanitary Sewer Length (FT) Area (Acre) $137.901FF $2010/Acm $53.7SIFT $45.701 FT 1. Gopher Smelling & Refining 1630601-020-01 431 3.014 $ 59 305.80 1 1$ 59 305.60 2. Lo Nindy Co. Inc. 1030801.030-01 338 3.424 $ 48 233.80 $ 48233.60 3. Gopher Smelting & Refining 10.15550-010-01 813 3.784 $ 84 348.80 $ 84 348.80 4. Gopher Smeltina & Refining 10-01200-010-77 1274 1150 91, 700 9.931 $ 175 302.40 $ 19,951.31 $ 81 047.00 $ 31,99D.00 $ 28D 100.71 i S. Foy, Mrginla F. 10-01200-020-77 1294 790 385 9.996 $ 178 054.40 $ 20 091.96 S 42,486.20 S 18 680.50 $ 267 313.00 6. Industrial E uitles Group 1030804-010-01 613 8.771 $ 84 348.80 8.80 $R$2 i 7. Shafer Contracting Co. hxa 1030800-141-01 243 1.195 $ 33436.80 $6.80 8. Shafer Contracting Co. Ina 1030000-151-01 199 0.968 $ 27 382.40 2.409. ShaferContrectln Co. Inc. 1030600.181-01 268 1.984 S 36076.80 6.80 Irr 1580112+325' RI 1580'2 6I 730'2 + 335' I4I 730'2 TOTALS. 6271 1040 1066 43.077 S 726,286.60 $ 40,063.27 $ 104,333.20 $ 48,870.60 $ 818,346.87 LEGEND STREET UPGRADE • DWY ACCESS -MEADOVMEW $ 23,342 / DWY STREET OVERLAY ASSESSMENT ALEXANDER-$ 15.85F.F. X CONCRETE ENTRANCE APRON $ 69.35 /S.Y. STATE OF MINNESOTA COLI 10J R Wt E S NO SCALE viect and 010-04 1 #3045/ 030-04 i / Z #3083 / X�JSx M A DOW V IE ylvl� #330^A4 43107 Alexander Rd. / Meadowview Rd. 10/26/06 City of Eap Assessment Map Project 928 D Engineering Department Combined Assessment Roll Project Number IOP928 PID Addition Name House Nbr Street Name 10-00800-010-04 Section 8 3087 Sibley Memorial 10-00800.030-04 Section 8 3083 Sibley Memorial 10-00900-010-26 Section 9 3045 Hwy 13 10.22460-010-01 Eagan -13 Industrial 10-22480-020-01 Eagan -13 Industrial 10.39900.010-02 R L Johnson 1st 10.48100-050-00 Meadow View 3105 10.68050-010-01 Sibley Terminallndu 1.710 10-78500-010-01 Tyler Jay Addition 1725 10-80220-010-01 United Stationers Ad 1720 Summary for'SA_Nbe = 10P928 (10 detail records) Sum Sibley Memorial Alexander Rd Meadow View R Alexander Rd Proposed Assessment $29,466.36 $23,342.75 $59,133.83 $65,747.43 $76,917.66 $32,167.59 $23,723.15 $19,068.85 $27,850.50 $21,595.46 $379,013.58 Pending Assessment $8,738.00 $31,263.00 $52,668.00 $45,769.00 $36,828.00 $26,445.00 $12,783.00 $12,330.00 $25,741.00 $23,092.00 $275,657.00 Variance ($20,728.36) $7,920.25 ($6,465.83) ($19,978.43) ($40,089.66) ($5,722.59) ($10,940.15) ($6,738.85) ($2,109.50) $1,496.54 ($103,356.$B) Wednesday, November 29, 2006 Page I of I �C� Agenda Information Memo December 4, 2006, Eagan City Council Meeting A. CONDITIONAL USE PERMIT AND VARIANCE — RICHARD SKINN ACTIONS -TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for outdoor storage, for property located at 4890 Biscayne Avenue; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Variance of a 40 -foot rear yard and 94 -foot side yard setback requirement, for outdoor storage on property located at 4890 Biscayne Avenue in the SE'/< of Section 36, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant's proposal includes outdoor storage of steel racks, which are 10 feet in height, a steel loading/unloading area and a cart for recycling scrap metal. ➢ Many studies, most recently in 2001, determined the area should remain Industrial. ➢ Outdoor storage is an approved use in the Industrial Zoning district. ➢ The variances appear to be directly related to the outdoor storage component of the proposal. ➢ This item was heard as a public hearing before the Advisory Planning Commission on November 28, 2006. The APC recommended approval of both the Conditional Use Permit and Variance. ISSUES: ➢ A neighbor at the public hearing stated concern with the noise associated with the outdoor operations, hours of operation and compatibility of use with adjacent property. ➢ Staff has determined that if the adjacent property to the south, which is the north half of the vacated ROW of 117* Street/Gun Club Road, is owned by the applicant, a condition of approval (condition number 8) should be added requiring the applicant to replat the existing lot -and ffe vacated ROW into a single parcel. 60 DAY STATUS: December 16, 2006 ATTACHMENTS (2): Draft APC minutes on pages I 1z through 104. Staff report on pages through ) jL. November 28; 2006 Page 2 IV. PUBLIC HEARINGS New Business A. Sierra Metals Inc Applicant Name:Richard Skinn Location:4890 Biscayne Ave; Lot 1, Block 2, Halley's 1 st Addition Application:Conditional Use Permit A Conditional Use Permit to allow outdoor storage of oversized s,el and a recycling container. cid File Number: 36 -CU -09-10-06 Planner Schield introduced this item and highlighted.the`information presented in the City Staff report dated November 21, 2006. She nq$66the'background and history. y Don Weber, owner of Sierra Metals, stated t fr hout tFta variance, he`w tl Abe unable to conduct business in the City of Eagan'_ Richard Skinn, owner of the property discussed spacet(33�feet) adjacent to Gun Club Road and asked if the property couldf&reverted to him: - 4'City Planner Ridley stated that Mr. Skinn would need to submit a"petlt�on to vacate the r &wraith the Engineering Department. :y Chair Hansen opened the=py4lic hearing. � � a t ter ;,i Brent Koth, 545 S L� de�Streei�expressed concern over noise coming from the site early in the moming, and th' size of t,tne requested var(a'nce being excessive. He also stated that consideration show`Id lae;git em?to::commuOjty`activities at the adjacent ball field. There' ment, Chair Hansen closed the public hearing and turned the discussion'ba¢k to the'Commission. The orooeftWowner stat6&dDeratidns could be conducted after 8:00 a.m. that the wording "on the property" be added to condition 2 of Commissioner_ KeeOV-questioned if overnight storage would occur in the loading area. The applicant stated that it can be arranged that no overnight storage will occur. Member Chavez moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit (CUP) for outdoor storage which would include the use of steel racks, a loading/unloading area, and a cart for recycling scrap metal, on property located at 4890 Biscayne Avenue in the SE'/< of Section 36 subject to the following conditions: O� November 28, 2006 Page 3 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A six-foot tall wooden privacy fence along the east and south perimeter of the property shall be installed no later than July 1, 2007. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 18, 2006. 4. The outdoor storage of bumpers and related materials toy tftebusinesses must be located within the approved outdoor storage areas. .\„ t1 5. A trash enclosure must be constructed, per City C'gde requlfements, no later than July 1, 2007.'"A V 6. All parking and storage areas shall be properly maintained to prevent=daerioration. 7. Outdoor operations shall be limited to between the houeg'bf 8 a.m. an A vote was taken. Motion carried: 5,'O,,Zoberi and Member Chavez moved, Member Hea � e�r4sebinded a motio'JiZ16recommend approval of a 40 -foot rear yard and 94 -foot side yard setbaci-variancerto allow outdoor storage di .,h, which would include the use of steel racks;p I dmgfuri)oading area, and a cart for recycling scrap metal, on pPoperty located at 4890 Biscayne Avenue in the SE % of Section 36 subject twthe fo,116Wing condition's as amended: 1. If within one yeara, „r approval, the var`ie shall not have been completed or utilized,. it shall becot;�� ull'a vold2 unless a petition for extension has been granted(;hy thb, cbupcil. b exten'sionvshall be requested in writing at least 30 days before expiration4fid,shall state facts showing a good faith attempt to complete or uttliie.the use oermW&l in the uarlance.- 2. The hei'ght;,of the outdoor storage shall be screened via landscaping or the privacy fence on''th&rproPerty. A vote was taken:' yltll'otiai'carried: 5-0. Zoben and Feller opposed. J D� PLANNING REPORT CITY OF EAGAN REPORT DATE: November 21, 2006 APPLICANT: Richard Skinn PROPERTY OWNER: Richard Skinn REQUEST: Conditional Use Permit/Variance' LOCATION: 4890 Biscayne Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST CASE: 36 -CU -09-10-06 HEARING DATE: November 28, 2006 APPLICATION DATE: October 18, 2006 PREPARED BY: Sarah. Schield Richard Skinn is requesting approval of a Conditional Use Permit (CUP) for outdoor storage of steel racks, a loading/unloading area, and a cart for recycling scrap metal, and a Variance from the required setbacks, on property located at 4890 Biscayne Avenue in the SE'/< of Section 36. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue 'such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. lvJ Planning Report — Richard Skinn November 28, 2006 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be, hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D; Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. C. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. Planning Report — Richard Skin November 28, 2006 Page 3 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Variance: 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. BACKGROUNDMISTORY This area of southeast Eagan has been studied several times by the City, most recently in 2001. At that time, the City Council determined that the industrial properties located on the east side of Biscayne Avenue should remain zoned and guided for industrial use. Additionally, the City Council determined that a change from industrial to Retail Commercial (RC) Guide Plan Designation and Neighborhood Business (NB) zoning designation was appropriate for the area located west of Biscayne Avenue, east of Highway 3, south of Red Pine Lane and north of Gun Club Road. 101 Planning Report — Richard Skin November 2g, 2006 Page 4 EXISTING CONDITIONS There are currently four businesses, Sierra Metals Inc., Perfecting Plastics, Kingcutting Inc., and Scrublin Tool Company located within the approximate 9,100 square foot building. There is an approximate five-foot tall chain link fence along the east boundary of the site. According to the applicant, the type and amount of metal to be stored outdoors is dependent upon how busy Sierra Metals Inc. is at the time. The applicant has stated that deliveries occur on a weekly basis and to help reduce noise levels, there would be no work started before 7 a.m. or potentially 8 a.m. if noise is an issue. It should be noted that Perfecting Plastics has had an issue with the outdoor storage of bumpers. The applicant stated that all of the bumpers had been removed from outside. However, bumpers were viewed outside of the building when City staff performed site visits to the property. The bumpers must be kept inside the building or in an area approved for outdoor storage. A dumpster was also in plain view located adjacent to the south side of the building. The City Code requires all trash containers stored outside must be stored within an enclosure with an impermeable floor surface, constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and of sufficient size to enclose all trash and recyclable containers, not less than six feet and not more than ten feet in height. The dumpster must be brought into conformity with the City Code. Access to the site is provided from Biscayne Avenue from the west. There is also a bituminous entrance on the south side of the property that led to 117th Street East. The entire ROW on 117th Street was vacated with the Manley subdivision in 2004 which is adjacent to the south of this property. The north %: of the ROW was vacated, but not re -platted. The parking lot and drive aisle areas are surfaced with bituminous asphalt. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the anhinct nrnnPrty Existing Use Zoning Land Use Designation North Industrial/Manufactunng I-1 IND South Single Family R-1 (Residential LD (Low Density) Residential Homes Single Family) West Industrial NB (Neighborhood RC (Retail . Business) Commercial East Red Pine Elementary PF (Public Facility) QP (Quasi Public/ School Institutional Planning Report — Richard Sldnn November 28, 2006 Paee 5 EVALUATION OF REOUEST Compatibility with Surrounding Area — The proposed outdoor storage is not inconsistent with this specific area along Biscayne although the general area has experienced change over the last decade including the construction of Red Pine Elementary School, a number of single family subdivisions and, most recently, the approval of the Red Pine Crossing retail project just east of Highway 3. Outdoor storage is not uncommon in Eagan's industrial areas and it is important. to note, as referenced earlier in this report, that the City made a conscious decision in 2001 to. allow the properties along the east side of Biscayne to remain zoned and guided for industrial use. Site Plan — The proposed outdoor storage areas are primarily located east of the building. The applicant proposes a raw steel storage area and a scrap trailer abutting the rear of the building. The site plan identifies an area for steel storage racking, approximately 13 feet in height, along the eastern 10 -foot drainage and utility easement. These locations are not visible from the public along Biscayne Avenue because they are located behind the building. The site plan also identifies a steel loading and unloading area in the southeast comer of the site. This location would take up approximately three current parking stalls. The subject property exceeds the required amount of parking stalls and therefore the removal of three parking stalls would not be detrimental to.the site or surrounding area. However, the proposed location of the loadinglunloading area would clearly be visible from Biscayne Avenue when vehicles are not parked and blocking the view. The area is potentially visible from the properties to the south but there are a few scattered evergreens located near -the bituminous edge of the pavement. Also, when the single family development was constructed to the south, a row of evergreen trees were planted to assist with screening from the industrial buildings. Outdoor Storage — The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I--1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The east side storage area is somewhat screened by existing vegetation on the east side, and the building on the other, and is not very visible from the street. The north side storage areas are visible from the adjacent properties as there is no screening provided between the industrial properties in this area. The south side storage area is partially visible from both Biscayne Avenue and the residential properties to the south. The eastern perimeter includes a five-foot tall chain link fence. M Planning Report — Richard skinn November 28, 2006 Pace 6 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage areas are located adjacent to the rear of the building and also approximately 10 feet from the side and rear property lines. These locations do not meet the side yard and rear yard setback requirements of 20 feet. Further, the ordinance.requires the outdoor storage setback to be 100 feet when adjacent to properties guided residential and 50 feet when adjacent to properties guided Public Facilities, thus the requested Variances for outdoor storage setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent property to the north is zoned and guided for limited industrial use. The north storage area has no screening, however, screening is not required from adjacent parcels that are zoned M. The adjacent property to the west is guided RC and is generally screened from the outdoor use by the building. The adjacent property to the east is guided QP and is presently screened from the outdoor storage only by evergreen trees located off the subject site. The adjacent property to the south is guided LD and is also somewhat screened from the outdoor storage and loadinglunloading area by evergreen trees. There are evergreen trees located on the subject property and on the adjacent property to the south; however, staff suggests added screening below in the Landscaping paragraph. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The area of the site, east of the building, is used primarily for storage and vehicular movement. There is limited pedestrian activity in this area. The site plan identifies parking stalls located behind the building and an approximate 12 -foot drive aisle. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is already clear of vegetation, and relatively flat, and has been previously surfaced with asphalt. No landscaping or other vegetation. is proposed to be removed to accommodate the proposed storage area. Three parking stalls are proposed to be removed to serve as the loading/unloading area, but .the minimum parking requirement for this use is still exceeded. 6. the storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The storage area is surfaced with asphalt and the asphalt will remain. 'I 10 Planning Report — Richard Skinn November 28, 2006 Page 7 Setbacks — The City Code requires a 20 -foot side and rear yard outdoor storage setback. Additionally, the City Code requires the outdoor storage setback to be 100 feet when adjacent to properties guided residential and 50 feet when adjacent to properties guided Public Facilities. The proposed outdoor storage setback is 10 feet along the rear property line and 6 feet from the side yard setback to the south. With the change in the adjacent land use over the past years, the additional setbacks have negatively impacted the existing industrial use. Because of the shape of the existing lot, strict enforcement of the setbacks would not allow the owner to have outdoor storage at the property, which is allowed via a Conditional Use. Thus, a setback Variance of 40 feet from the rear yard setback and 94 feet from the side yard setback is requested for the outdoor storage. Landscaping — The. applicant does not propose any landscaping. The proposed storage areas are presently screened from the school property to the east and the single family to the south mostly by evergreen trees that are located off the subject site. If any of these trees were to be damaged or removed in the future, there would be little, if any, screening of the outdoor storage to the properties to the east and to the south. Staff suggests the APC and City Council consider the addition of at least a six-foot tall wooden privacy fence along the east and south perimeter of the property that would assist with both security and screening. SUMMARY/CONCLUSION Richard Skinn is requesting approval of a Conditional Use 'Permit (CUP) for outdoor storage which would include the use of steel racks, a loading/unloading area,,and a cart for recycling scrap metal, on property located at 4890 Biscayne Avenue in the SE '/sof Section 36. The proposed outdoor storage appears generally compatible with the I-1 zoning and surrounding properties. The proposal, however, falls short of satisfying all of the performance standards in the City Code. The primary shortfalls are with regard to setbacks and screening. The requested Variances for outdoor storage setbacks are due to the land use changes in the area, which occurred after the use was established at this property. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for outdoor storage which would include the use of steel racks, a loadinglunloading area, and a cart for recycling scrap metal, on property located at 4890 Biscayne Avenue in the SE'/, of Section 36. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A six-foot tall wooden privacy fence along the east and south perimeter of the property shall be installed no later than July 1, 2007. Planning Report — Richard Skinn November 28, 2006 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 18, 2006. . 4. The outdoor storage of bumpers and related materials to the businesses must be located within the approved outdoor storage areas. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be property maintained to prevent deterioration. 7. Outdoor operations shall be limited to between the hours of 8 a.m. and 10 p.m. To recommend approval of a 40 -foot rear yard. and 94 -foot side yard setback Variance to allow outdoor storage which would include the use of steel racks, a loading/unloading area, and a cart for recycling scrap metal, on property located at 4890 Biscayne Avenue in the SE '/< of Section 36. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. 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P 5t , �► i~ /� A� � p .0 a{ 'A ♦ e �' �i Sub ect�J'�'+, NMI` J� w�;„ J�1+ 41,�M. 2 7$$, (y�"!" x7' t r;r '{i.V �T' �`\ i \ 4 b •® �)� € •��.11yY 'ylJ C n ir(�.! ®� •F 4 8 F� I e a r0 -c F,11d E o Da ii \z ?*'i- NG'4 r:"��i'�-fi t�e''�'u•{,i ED X44 ''ini.,�'t. ED "4i'ai. -ri1 � +ra tit' { y ) .;� fAY 'w "L � � C \tl1yJ�•V�J7�/�tA��"4) it � L a'�S y1 4y � �� fl �d U r f , Fr kt i ri�f 2 }I '�',Yd'a {<.r ,yam iii K.� • 9111 Is Z3 100 1 2000 Development/Developer. Sierra Metals Application: Conditional Use Penmit Case No.: 36 -CU -09-10-06 ravFnVoodutln,MOA%-%ImM.ftrad mepdmpraMMd I tyOeMbCoutp011lr ofGO rMbwmnrr ofApll xo6 �2 J N f1�''yL,y, f q ~'i Of B�ILLII THIS N11P IS INTENDED FOR REFERENCE USE ONLY W g The City of Eagan and Dakota County de net guarantee Me accuracy of this hdomratlon and aro 3 eemmeeny . 11 .1 a er not responsible for errors or ondm ens. Current Zoning and Comprehensive Guide Plan Land Use Map 1.11 B2, Halley's 1st Addition CUP and Variance 36 -CU -09.10-06 - -. ■■■ ■ �■ ■ �� 11�•... au . No 0 'III. Mn MW MM.on ON mm SEE ■ - -. ■■■ ■ �■ ■ �� 11�•... au . No 0 'III. Mn MW MM.on ON mm PN z.wny A.en..tl.n m.moNw hc�b nart 1 City of Evan THIS MAP 18INTENDFA FOR REFERENCE USE ONLY I 1 + The City a Eagan and Dakota County do not guarana• the accuracy a this laormatlom 8 Boundary and Location Survey for: Rick Skinn property DEEmlpllan: Lot E elr a nQ -s lEr I rnm 000 jm L. IM CA1�G rrt.rwe IIIc twn.r. WOG CbbLr. Alllnomt.. HEPP atuw. �' InN.. 1YR Iwl ' bul-1MF EwN1.WR.R M1. W INK M),I..wn.•w pN. n.lw...�....w m.l b,...l _w.. 3y� 6 MtLe L EMI•"oWr . DELMAR H. SCHWANZ LAND SURVEYORS, INC. 14!Rlt! M. nrArrt Wil. Ibo.bant. An IM41 Wl-t23-I!W 802074 PLOT FILE = 8020740 200226 wren raw S . - W W 4 -WRrrr mE >_ . FLANFO GO SeCrlPVLIl1Epr .. •Nmawr o • Sow PALM © SWlrNRw • • alLerfjmr tow DELMAR H. SCHWANZ LAND SURVEYORS, INC. 14!Rlt! M. nrArrt Wil. Ibo.bant. An IM41 Wl-t23-I!W 802074 PLOT FILE = 8020740 200226 Richard W. skins 9330 Elliot Ave. S. Bloomington, MN 55420 October 27, 2006 Sarah Schield City of Eagan Planner 3830 Pilot Knob Road Eagan, MN 55122 To the City of Eagan Council, I would like to work with you to obtain an outdoor storage permit for my industrial building at 4890 Biscayne Ave. Eagan, MN. Sierra Metals, a longtime business in Eagan, has requested the use of steel racks and.a cart for recycling scrap metal. Sierra Metals will keep their inventory down to a minimum. Perfecting Plastics has removed all bumpers outside his business. I hope you find this acceptable. Thank you for your consideration in this manner. Richard W: Skinn I lCP Agenda Information Memo December 4, 2006, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCE — WENSMANN HOMES INC. ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for outdoor storage, for property located at 4870 BiscayneAvenue; subject to the conditions in the APC minutes. To approve (OR direct findings.of fact for denial) a Variance of a 40 -foot rear yard, 20 -foot north . side yard and 10 -foot south side yard setback, for outdoor storage on property located at 4870 Biscayne Avenue in the SE'%4 of Section 36, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant's proposal includes outdoor storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials. Many studies, most recently in 2001, determined the area should remain Industrial. ➢ Outdoor storage is an approved use in the Industrial Zoning district. ➢ The variances appear to be directly related to the outdoor storage component of the proposal. ➢ This item was heard as a public hearing before the Advisory Planning Commission on November 28, 2006. The APC recommended approval of both the Conditional Use Permit and Variance. ISSUES: ➢ A neighbor at the public hearing recommended uniformity of the fence which is to be placed on the east property line. ➢ The APC determined that due to the nature of the business/storage, the applicant could submit a worse -case estimate of items to be stored. 60 DAY STATUS: December 16, 2006 ATTACHMENTS (2): Draft APC minutes on pages through. Staff report on pagesEQ through 151_. November 28, 2006 Page 4 B. Wensmann Homes Applicant Name:Wensmann Homes Location:4870 Biscayne Road; Lot 3, Block 2, Halleys 1st Addition Application:Conditional Use Permit A Conditional Use Permit to allow outside storage of a fuel tank. File Number:36-CU-10-10-06 Planner Schield introduced this item and highlighted the City Staff report dated November 21, 2006. She noted t Terry Wensmann, applicant; stated that condition #3';vuh[kch,requirei k stored would be difficult, as the items would cha,pp�'� aily. He stated provide a list of the types of materials to be stored. Chair Hansen opened the public hearing. Brent Koth suggested that the create uniformity. There being no further public comment, turned the discussion backito,the Comr presented in the nd and history. a list of items to be t`F 1-te could same type""ther fencing in the area to the public hearing and Chavez asked whaVIVQue the}- ntory of items stored would be. Ridley responded that the City typically fequests alvvprse case s enano in order to understand the maximum capacity of a gn Member,K er4iberrZoben seconded a motion to recommend approval of a Conditional Use it(CUP��fFq[3outdoor storage of an above ground fuel storage tank antlimecessary safe devices *n addition to construction equipment and construction" materials, on ,pT�ooperty'located at 4870 Biscayne Avenue in the SE % of Section 36 subject to the owing conditions: 1. This Conditio`nalkUsW. ermit shall be recorded at Dakota County within 60 days of approval by the Q' ouncil, and proof of recording submitted to the City. 2. A revised site plan indicating the storage area for the above ground fuel storage details as required by the Fire Marshal shall be submitted. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 31, 2006. 4. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than July 1, 2007. November 28,.2006 Page 5 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be property maintained to prevent deterioration. A vote was taken. All voted in favor. Motion carried: 7-0. Chair Hansen clarified the APC expectation was that the appljeant would provide an estimate as suggested earlier by Mr. Wensmann.27 Member Keeley moved, Member Chavez seconded a mofi6Wto recommend approval of a 40 -foot rear yard, 20 -foot north side yard and 10 -foot soutti*s die yard setback Variance to allow outdoor storage of an above groundnfuei,storagetank and necessary safety devices, in addition to construction equipmoffand,constructi&ii',n terials, on property located at 4870 Biscayne Avenue in the;SE'/+ of Section 36 subjjo f to.the "n �" I g following conditions: 1. If within one year after approval, the varianc6 Ahall not have been completed or utilized, it shall become null arlxil}void unless a`'Owipon for extension has been granted by the council. Such extennsionpshall be req e�sfd in writing at least 30 days before expiration and shall state facts`Ashb"'Wing a good faithAattempt to complete or utilize the use permitted in the variance, , y 2. The height of the p,.L pi ti torage sha�(16,66 screed,68 via landscaping or a privacy fence on the prope/ty. IN A vote i Ilq 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 21, 2006 APPLICANT: Wensmann Homes Inc. PROPERTY OWNER: Wensmann Homes Inc. REQUEST: Conditional Use Pennit/Variance LOCATION: 4870 Biscayne Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST CASE: 36 -CU -10-10-06 HEARING DATE: November 28, 2006 APPLICATION DATE: October 18, 2006 PREPARED BY: Sarah Schield Wensmann Homes Inc., is requesting approval of a Conditional Use Permit (CUP) for outdoor storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials, and a Variance from the required setbacks, on property located at 4870 Biscayne Avenue in the SE '/< of Section 36. AUTHORITY FOR REVIEW. Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. I'2�D Planning Report — Wensmann Homes Inc. November 28, 2006 Palle 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public. facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare of odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. IZj Planning Report — Wensmann Homes Inc. November 28, 2006 Palle 3 C. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Variance: 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. Planning Report - Wensmann Homes Inc. November 28, 2006 Page 4 BACKGROUNDMISTORY This area of southeast Eagan has been studied several times by the City, most recently in 2001. At that time, the City Council determined that the industrial properties located on the east side of Biscayne Avenue should remain zoned and guided for industrial use. Additionally, the City Council determined that a change from industrial to Retail Commercial (RC) Guide Plan Designation and Neighborhood Business (NB) zoning designation was appropriate for the area located west of Biscayne Avenue, east of Highway 3, south of Red Pine Lane and north of Gun Club Road. Wensmann Homes Inc. has been in the home construction business for over 30 years. The family business is located in the City of Eagan. The Wensmann Homes Inc. storage building, located at the subject site, was constructed in 1989 on 0.88 acres. The building is divided into a north and south bay. The North Bay is utilized to service and store miscellaneous equipment needed for residential homebuilding operations. The South Bay is utilized for custom printing and cutting and sizing of labels that are used in the businesses operations. EXISTING CONDITIONS The site contains an existing building approximately 8,500 square feet in size. Access to the site is provided from Biscayne Avenue from the west where two loading docks are located. There is an eight -foot privacy fence which extends from the northern of the two loading docks to the north property line and a five-foot chain link fence is located on the eastern perimeter of the property. The parking lot and drive aisle areas are surfaced with bituminous asphalt, except for a small area designated for miscellaneous storage on the north side of the building. This area has a gravel surface.. The perimeter of the site is finished with concrete curb and gutter. There are currently several different types of trailers being stored outside on the property. The type and amount of equipment and materials vary dependent upon the season. In addition to these items, there are two above ground fuel storage tanks that are utilized to fuel the equipment. The existing outside storage of trailers and above ground fuel storage tanks are in violation of City ordinances, and upon being notified of such, the applicant submitted this application for the required Conditional Use Permit to bring the use into compliance. A dumpster was also in plain view located along the east property line. The site plan identifies the location of a dumpster on the north side of the property and two dumpsters located adjacent to the rear of the building. The City Code requires all trash containers stored outside must be stored within an enclosure with an impermeable floor surface, constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and of sufficient size to enclose all trash and recyclable containers, not less than six feet and not more than ten feet in height. The dumpster must be brought into conformity with the City Code. 1Z3 Planning Report— Wensmann Homes Inc. November 28, 2006 Page 5 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed outdoor storage is not inconsistent with this specific area along Biscayne although the general area has experienced change over the last decade including the construction of Red Pine Elementary School, a number of single family subdivisions and, most recently, the approval of the Red Pine Crossing retail project just east of Highway 3. Outdoor storage is not uncommon in Eagan's industrial areas and it is important to note, as referenced earlier in this report, that the City made a conscious decision in 2001 to allow the properties along the east side of Biscayne to remain zoned and guided for industrial use. Site Plan — The proposed outdoor storage areas are located north, east and south of the building. The applicant proposes 4 parking spaces for equipment in the northeast comer of the property. The new location of the above ground fuel storage is also proposed for this area located adjacent to the parking stalls to the east. The exact location of the fuel storage tank location is being worked out between the applicant and the Fire Marshal. Outdoor Storage — The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The east side storage area is somewhat screened and enclosed by an existing five-foot tall chain link fence and vegetation on one side, and the building on the other, and is not very visible from the street. The north and south side storage areas are �z� Existing Use Zoning Land Use Designation North Industrial/Manufacturing I-1 IND South Service Garage 1-1 IND West Industrial NB (Neighborhood Business) RC (Retail Commercial East Red Pine Elementary School PF (Public Facility) I QP (Quasi Public/ Institutional EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed outdoor storage is not inconsistent with this specific area along Biscayne although the general area has experienced change over the last decade including the construction of Red Pine Elementary School, a number of single family subdivisions and, most recently, the approval of the Red Pine Crossing retail project just east of Highway 3. Outdoor storage is not uncommon in Eagan's industrial areas and it is important to note, as referenced earlier in this report, that the City made a conscious decision in 2001 to allow the properties along the east side of Biscayne to remain zoned and guided for industrial use. Site Plan — The proposed outdoor storage areas are located north, east and south of the building. The applicant proposes 4 parking spaces for equipment in the northeast comer of the property. The new location of the above ground fuel storage is also proposed for this area located adjacent to the parking stalls to the east. The exact location of the fuel storage tank location is being worked out between the applicant and the Fire Marshal. Outdoor Storage — The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The east side storage area is somewhat screened and enclosed by an existing five-foot tall chain link fence and vegetation on one side, and the building on the other, and is not very visible from the street. The north and south side storage areas are �z� Planning Report— Wensmann Homes Inc. November 28, 2006 Page 6 visible from the adjacent properties as there is no screening provided between the industrial properties in this area. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. There are multiple storage areas proposed for the site. The proposed north storage area abuts the property line. The proposed east/southeast storage area and lowboy trailer parking areas are approximately 10 feet from the property lines. These locations do not meet the side yard and rear yard setback requirements of 20 feet. Further, the ordinance requires the outdoor storage setback to be 50 feet when adjacent to properties guided Public Facilities, thus the requested Variance for outdoor storage setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties to the north and south are zoned and guided for limited industrial use. The north and south storage areas have no screening, however, screening is not required from adjacent parcels that are zoned I-1. The adjacent property to the west is guided RC and is generally screened from the outdoor use by the building. The adjacent property to the east is guided QP and is presently screened from the outdoor storage only by evergreen trees located off the subject site; however, staff suggests added screening below in the Landscaping paragraph: 4. The storage area shall not interfere with any pedestrian or vehicular movement. The area of the site north and east of the building is used only for storage and vehicular movement. There is no pedestrian activity in this area. The site plan identifies parking stalls located behind the building and a 20 -foot wide drive aisle will be maintained through the storage area. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is surfaced with asphalt except for the storage area to the north of the building which is surfaced with gravel. No landscaping or other vegetation is proposed to be removed to accommodate the proposed storage area, and required parking areas are located elsewhere on the site. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. 'The surface shall be properly maintained to prevent deterioration. The majority of the storage area is already surfaced with asphalt and the asphalt will remain. I -Z-5 Planning Report — Wensmann Homes Inc. November 28, 2006 Page 7 Setbacks — The City Code requires a 20 -foot side and rear yard outdoor storage setback. Additionally, the City Code requires the outdoor storage setback to be 50 feet when adjacent to properties guided Public Facilities. The proposed outdoor storage setback is 0 feet along the north side yard, 10 feet from the rear yard, and 10 feet along the south side yard. With the change in the adjacent land use over the past years, the additional setbacks have negatively impacted the existing industrial use. Because of the shape of the existing lot, strict enforcement of the setbacks would not allow the owner to have outdoor storage at the property, which is allowed via a Conditional, Use. Thus, a setback Variance of 40 feet from the rear yard setback and 20 feet from the north side yard and 10 feet from the south side yard setback is requested for the outdoor storage. Landscanins — The applicant does not propose any landscaping. The proposed storage areas are presently screened from the school property to the east only by evergreen trees located off the subject site. If these trees were to be damaged or removed in the future, there would be little, if any, screening of the outdoor storage to the property to the east. Staff suggests the APC and City Council consider the addition of at least a six-foot tall wooden privacy fence along the east perimeter of the property that would assist with both security and screening. SUMMARY/CONCLUSION Wensmann Homes Inc., is requesting approval of Conditional Use Permit (CUP) for outdoor storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials, on property located at 4870 Biscayne Avenue 'in the SE '/4 of Section 36. The proposed outdoor storage appears generally compatible with the I -I zoning and surrounding properties. The proposal, however, falls short of satisfying all of the performance standards in the City Code. The primary shortfalls are with regard to setbacks and screening. A revised site plan identifying the preferred design of the above ground fuel storage per the Fire Marshal's requirements should be submitted. The requested Variances for outdoor storage setbacks are due to the land use changes in the area, which occurred after the use was established at this property. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for outdoor storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials, on property located at 4870 Biscayne Avenue in the SE '/< of Section 36. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. R_�O Planning Report — Wensmann Homes Inc. November 28, 2006 Page 8 2. A revised site plan indicating the storage area for the above ground fuel storage details as required by the Fire Marshal shall be submitted. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 31, 2006. 4. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than July 1, 2007. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be property maintained to prevent deterioration. To recommend approval of a 40 -foot rear yard, 20 -foot north side yard and 10 -foot south side yard setback Variance to allow outdoor. storage of an above ground fuel storage tank and necessary safety devices, in addition to construction equipment and construction materials, on property located at 4870 Biscayne Avenue in the SE'/. of Section 36. If approved, the following conditions should apply: 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 height of the outdoor storage shall be screened via landscaping or a privacy fence. 127 eagnn Boundary Location Map Fennel Aran Park Mes 9 99 P 'm! o � . on • � as ® u n • I � A , 9 F< 1 t r kl e 4 i s9a s m h r v t i • F ti ijX+"e�aHiC, a } ✓, 3X d1'"o. ,'ij 5� Lis r {�+ r d� ,.c;'r e 1'iII . '�o-i �. Y 5 _. t { t4 �. `dia'e�PiSl L •b � / �f-�.r`l w Y A d,•'. w T ° J V YYl l A � )sL 1113J�. �C(1 \i r .� 4f � � jvi \ Y j.rL } .�. 1 y d • XXL 4 `!j t1/1F1'� 2 i,F 3Jy Il4ii )) �M, r f vWmljV f a • /rc,yFs',hv '�iY+yr. t$�Rr1`9 tl,KP i lj�a iPr� �y x'� • gi9 te Sub'ect SiW. cWje,'y��yy'"`"��i�'3�.r�^ Ir A - jryc`Ck Y� yi li's r e 3 lL"�i f r +� I l�Y L,+ 11+r 1'hM �AI T,1 y r�+ (tf iY�i�4 �. J! 1 Nlh�am 3j K '�It I1)f , •P t (r "�.� icu.r^A h q yy� ♦ ': rxtE 'Ilk `.S s } tW17. /^1 00 0 000 2000 2225�- Development/Developer. Wensmann Homes Application: Conditional Use Permit Case No.: 36-CU-10-10-06 RnP"aM m09 ERA Neyha 3.1. Penal news nee NY PMWMr^ A N . CRof Eap TNl6 NAF 16 INTENDED FOR REFERENCE USE ONLY E The City of Eagan and Onsets County do not gumantee the seasrary of IN lefolmetlen and an S Gnwanay pwelmm.m sewn -•o1 not responsible for anon or emissions. Current Zoning and Comprehensive Guide Plan Land Use Map 1.3, 132, Halley's 1st Addition CUP and Variance 36 -CU -10-10-06 aneN a... nay weaa.e..a+rx.xw ewnb.+-an...ir wp..K o. muc xaos. N a glwknreaanm nlahee wAny awe 94 of IIQQUll THIS MAP IS INTENDED FOR REFERENCE ISE ONLY The CRY of Eagan and Dakota county do not guarantee the seanaey of this haonnation. s ��II■■111■■soon •`��:mu:: 70.21 N�` ■ . �l _�■ M �: No No No SO. ::.■•M ■r lei aneN a... nay weaa.e..a+rx.xw ewnb.+-an...ir wp..K o. muc xaos. N a glwknreaanm nlahee wAny awe 94 of IIQQUll THIS MAP IS INTENDED FOR REFERENCE ISE ONLY The CRY of Eagan and Dakota county do not guarantee the seanaey of this haonnation. s .. �..■.- ..,—Osoon N ON M No No �.. M No .1111•. No _ II. MEN zu M 0 _ loi NONNI] aneN a... nay weaa.e..a+rx.xw ewnb.+-an...ir wp..K o. muc xaos. N a glwknreaanm nlahee wAny awe 94 of IIQQUll THIS MAP IS INTENDED FOR REFERENCE ISE ONLY The CRY of Eagan and Dakota county do not guarantee the seanaey of this haonnation. s { S y flit MI I I ICE CORNER' .. e r ��./� e•�•• T P _—SIVSWt ' _ i. •SFS 1 m ..�1 iJ..i • E% T RG NE ILL BUIL IN „ rt4 -t LLJ •;� ; IIx as .•� / -,. PA L Yi •: 1 � 6TH m :•'� NIt I �'A[rtlp'pi P.mI, [SNepmIRImp \ - F SIS Else. SON nu cm- mKc�EXISTIfRiLAILIDING PISNEER 4870' B SCAYNEOAVENUE2 `p''y�'�p'/�nee1'l LOT 3 BLOCK 2 HALLEY'. arn.rwnva. uxoiv¢w• w.ann•:erois uNsruxuemsv c xaII Pww'�be OrFe xCbon RqW. MN F.wil fla1S Ifl-31-a6 PROJECT itmW..fl,STUO Mendota Heights office. WENSMANN HOMES MAIN IssINe1-1415 Pn;:6I19pe AS]ITSLIRN x SZ33 3 o m NAP Dn1m .ILLI r INW .GRAPHIC SCALE IN MT $O to 7m U In a an"�aaEln� Nuc �- anilAx Aerw m ex 51110NIIflIB ST NIz H Z W w J W 0 O O 3 W Z a —mc eox .GRAPHIC SCALE IN MT MEMO Date: October 24, 2006 To: City of Eagan — Planning Department Re: Supplemental Narrative CUP Application Lot 3, Block 2 Halley's la Addition Dakota County, MN From: Terry Wensmann 1. The primary function/use of the north bay is to service and storage of misc equipment needed for residential homebuilding operations. The construction equipment includes: bobcat, backhoe, small dozer, dumptruck, semi w/trailer, approximately 8 one -ton pickup trucks, several trailers, cement forms and insulating blankets. However, all equipment is never in the yard at the same time. More often than not they are in use at our housing developments even in the winter.. Service maintenance to equipment is completed in the shop area of the north bay. Construction materials stored may include rebar, wire mesh, block piers, misc cement blocks, wood forms, shingles and temporary mailboxes used in our housing developments. Quantities vary for the materials. Generally they are stored only until they can be used on a construction site. In addition to the listed materials, there are two above ground fuel storage tanks also used on the site. 2. The primary function/use of the south bay is custom printing and cutting/sizing of labels used in business operations. Printing equipment and materials are stored on a racking system within the warehouse. Limited delivery services are used for receiving and shipping goods using the front dock. As part of this permit request, the current location of the above ground fuel storage tanks will be moved to a location in the center of the yard, with appropriate protection from spills and traffic installed. The current location has no spill protection and is placed too close to the south property line. Until a recent inspection by the City of Eagan fire marshal, the owner was not aware that the uses existing were inconsistent with the zoning. The property has been used and operated in the same manner for over 10 years. Property owner is not aware.of any previous notices. 131 Agenda Information Memo December 4, 2006 Eagan City Council Meeting C. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11, Section 11.70, Subd. 28, to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a'Sign Permit and direct the City Attorney to publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ On November 9, 2006, the City Council directed staff to prepare an ordinance amendment relative to a footing inspection requirement for pylon signage and a double permit fee for signage installed without first receiving a Sign Permit. ➢ For public health and safety reasons, staff believes it would be appropriate to perform a footing inspection with the installation of all new pylon signs (signs over T tall). ➢ In consultation with other metro cities, it was discovered that most cities do require this type of inspection as part of the sign permitting process. ➢ Similar to work done without a Building Permit, staff believes it would be appropriate to require a double Sign Permit fee in those instances. ➢ This fee is warranted to discourage the installation of permanent signage with out first allowing for staff review, approval and permit issuance. ➢ The APC held a Public Hearing on November 28, 2006 and they are recommending approval of this amendment to Chapter 11. ATTACHMENTS: (2) Draft APC Minutes on page 33 . 2 r Draft Ordinance Amendment on pages N through 'NP. 132 November 28, 2006 Page 6 C. Chapter 11.70 Subd. 28 Applicant Name:City of Eagan Location:3830 Pilot Knob Road; Application:Ordinance Amendment An Ordinance Amendment to Chapter 11,.Sect. 11.70 in regard to signage constructed / erected without a permit. City Planner Ridley discussed a proposed ordinance Council, regarding signage constructed without a per Member Chavez suggested revised wording in the draft ordinance amendment. Chair Hansen opened the public hearing. There being no public comment, Ch discussion back to the Commission. Member Chavez moved, Member of a An Ordinance Amendment to constructed / erected withowfra De A vote was taken. directed by the City sentence of hearing and turned the recommend approval 3rd to signage ON AGENDA) not on the agenda. Member Chavez mod, Member Keeley seconded a motion to adjourn the Advisory Planning Commission meeting at 7:20 p.m. A vote was taken. All voted in favor. Motion carried? -0. Respectfully Submitted by: 153 City of Evan Ycmo To: Chair Hansen and Advisory Planning Commission Members From: Mike Ridley, City Planner Date: November 20, 2006 Subject: Ordinance Amendment—Sign Permits At their regular meeting on November 9, 2006, the City Council directed staff to prepare and amendment and have the Advisory Planning Commission (APC) hold a Public Hearing and make a recommendation. For public health and safety reasons, staff believes it would be appropriate to perform a footing inspection with the installation of all new pylon signs (signs over 7' tall). In consultation with other metro cities, it was discovered that most cities do require this type of inspection as part of the sign permitting process. Additionally, permanent signs are installed without the benefit of a Sign Permit a few times a year. Similar to work done without a Building Permit, staff believes it would be appropriate to charge a double Sign Permit fee in those instances. City staff believes the double fee is warranted to discourage the installation of permanent signage with out first allowing staffs review, approval and permit issuance. Drag ordinance language is attached for your review. Action To Be Considered To recommend approval of an Ordinance Amendment to Chapter 11 to establish the requirement for a footing inspection for all new pylon signs and the obligation of double sign pemmit fees for permanent signage installed without the benefit of a Sign Permit Please call me at 651-675-5650 if you have any questions. ORDINANCE NO. _ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 28 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 and 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hmend changing Section 11.70, Subd. 28 (1) to read as follows: e;`�"e `" I. Sign permits and fees. 1. Sign permits. No signs, except those spec tlii a ivision, abor, shall be erected or maintained anywhere in the City without taining a sign permit. 2. Application, permit a A foI ap on together with accompanying documents prescribed by 1 be submitte a 'ty to obtain a sign permit. Permit fees are as adopted res f the City m cil and shall accompany the permit application. If any si is pla or, stalled without first obtaining a sign a permit fee the ual to two (2) times the permit fee. 3. R applicat The community development department shall co app le of all si "t applications, except that applications for 1, royal o sing s' , pylon signs and any sign requiring a variance €, sub tour final approval. Freestanding sSigns exceeding Return of th. In th' event said application shall be denied, the City shall return the applicants t fee, 1 ss a reasonable amount determined by the Council which shall lee retained as administrative cost. Section ty Code Chapter 1 entitled "General Provisions and Definitions Applicable to the E ity Code Including Penalty for Violation"' and Section 11.99, entitled "Violation a Misdem or" are hereby adopted in their entirety by reference as though repeated verbatim. - Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council 1 lCE5 By: Maria Lynn Petersen Its: City Clerk - - - Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Pat Geagan Its: Mayor Date of Advisory Planning Commission Hearing: NovembgOpA, 2 ft 2 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 4, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE 14IINUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Direction Regarding Status of Core Area Development Agreement with Schafer Richardson E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT X31 Agenda Information Memo Eagan Economic Development Authority Meeting December 4, 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 ran concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. ACTION TO BE CONSIDERED: To approve the minutes of the November 9, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the November 9, 2006 EDA meeting on pages. 0 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 9, 2006 A meeting of the Eagan Economic Development Authority was held on Thursday, November 9, 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 Hohenstem, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley -moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the September 5, 2006 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT UPDATE REGARDING STATUS OF CORE AREA REDEVELOPMENT AGREEMENT WITH SCHAFER RICHARDSON Community Development Director Hohenstein provided an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of the Cedar Grove Redevelopment District. Commissioner Carlson moved, Commissioner Fields seconded a motion to receive an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corporation for the redevelopment of the core area of the Cedar Grove Redevelopment District, and directed further review by the Finance Committee. Aye: 5 Nay: 0 NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK Community Development Director Hohenstem discussed the proposed collateral. assignment of the development agreement between the City and MG Eagan, LLC to LaSalle Bank. Commissioner Carlson moved, Commissioner Tilley seconded a motion to adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting at 8:00 pm. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting December 4, 2006 1. ACTION TO BE CONSIDERED: To provide staff and the City Attorney with direction regarding the TIF Development Agreement between the City and Cedar Grove Development Corp to: • Approve the Termination of Development Agreement. M • Find Cedar Grove Development Corp to be in default of development agreement and authorize a notice of default to be sent to the developer. 0 • To provide such other direction as may be appropriate. FACTS (New Information in Bold): • 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 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 proceeded with preparation of the Phase I Site Plan and approached the deadlines in the May 16 amendment, they identified issues that they wanted to address prior to proceeding with the submittals. Those issues 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. • The Developer requested and the City approved a Second Amendment of the Development Agreement on July 18, 2006 that extended the deadline for submission of the Phase I Site Plan to October 23, 2006. • In the meantime, the City proceeded with the acquisition of the Cedarvale Mall and the tenant relocation activities and continues to negotiate for the acquisition of other properties in the Redevelopment Area. • A Phase I Site Plan has not been received • At its meeting of November 9, 2006, the EDA received the attached letter and memo regarding the status of the development agreement and referred the matter to the City Council Finance Committee for review and recommendation. The Finance Committee is recommending that the development agreement be terminated The City Attorney has prepared an agreement to terminate the development agreement and has submitted it to the developer for consideration. • If the agreement has been executed by the developer in advance of Monday's EDA meeting, it will be in order for action by the EDA and City Council. If the agreement has not been executed by the developer, the EDA and City Council may consider declaring the developer in default and authorize a notice of default to the developer. The developer has 30 days to care the default. • If the agreement is terminated, staff would propose to request direction for next steps to proceed with the redevelopment of the area at a future EDA meeting. ATTACHMENTS: • Termination Agreement on pages I u3— I `t�0 • Finance Committee meeting notes on pages lta_ k(A$ • Developer's letter on Pagesouthroughl 50 • Stafi'memo onpagesJ�_throughl54 • Area map on page I 5 • Approved site plan on page I�J(O 1 I2, TERMINATION OF DEVELOPMENT AGREEMENT THIS TERMINATION OF DEVELOPMENT AGREEMENT ("Agreement") is made this _ day of _ 2006, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA'); CITY OF EAGAN, a Minnesota municipal corporation (the "City'); and CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation (the "Master Developer'). The EDA, City and Master Developer are hereinafter collectively referred to as the "Parties WHEREAS, the Parties entered into a Development Agreement dated January 17, 2006; a Supplement to the Development Agreement dated January 17, 2006; a First Amendment to the Development Agreement dated May 16, 2006; and a Second Amendment to the Development Agreement dated July 18, 2006 (collectively the "Development Agreement') relating to Tax Increment Financing District No. 1; and WHEREAS, the Parties desire to terminate the Development Agreement and release each other from any further obligations under the Development Agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Master Developer, the Parties hereby covenant and agree as follows: 1. TERMINAn0N of DEVEr.oPwrrr AGREEmENT. The Parties hereby agree that the Development Agreement is hereby terminated in all respects and each party is hereby relieved of any further rights or obligations under the Development Agreement. 143 EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By Pat Geagan Its: President Ey Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By Pat Geagan Its: Mayor Un Maria Petersen Its: City Clerk CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation. By Its 2 144 STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2006 by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2006 by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Mmnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2006 by the of Cedar Grove ,Development Corp., a Minnesota corporation, on behalf of the corporation. Notary Public 145 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952)432-3136 (RBB: 206-23508) 4 I4(oc Meeting Notes Finance Committee Meeting November 14, 2006 Attendance: Mayor Geagan, Councilmember Carlson, City Administrator Hedges, Assistant City Attorney Bauer, Fiscal Consultant Inman, and Director of Administrative Services VanOverbeke. Director of Community Development Hohenstein participated via speaker telephone. I. Agenda Adoption The agenda was adopted as presented. 1111. Cedar Grove Redevelopment District / Discuss Options for the Development of the Core Area of the Cedar Grove Redevelopment District In response to a question from Councilmember Carlson regarding the accuracy of the financial information presented by Schaffer -Richardson (S -R), City Administrator Hedges responded that the projections as presented were the basis for the suggestion from S -R that the City needs to commit more money to the project either through assuming more costs or by furtherwriting down the land costs for S -R. City Administrator Hedges provided additional background and explained numerous changes in the potential development from the time S -R was selected as the master developer. Those changes include market conditions for housing and the resulting implications for the housing/commercial mix, City ownership of more than half of the property combined with continuing acquisition efforts, successful relocation of numerous businesses, potential opportunities for more senior housing, and improvements in other market sectors. He further explained the difficulty for the City and consultants to determine if more money/developer incentives are necessary or appropriate without more detailed concept plans that would be feasible, acceptable, and market supportable. This additional information has not been provided by S -R. The Finance Committee expressed agreement that it may be necessary for the City to consider potential modifications to the original redevelopment vision as reflected in the early S -R concept plans, but emphasized that the overall redevelopment vision should not change with each market fluctuation, regardless of who the development partner may be. The Finance Committee reiterated the City's commitment to continue this redevelopment opportunity either with S -R or with a new development partner. In the event S -R is no longer the master developer they would be welcome to continue participation in the project as a developer of components matching their strengths. I�1 In response to a question from Mayor Geagan, City Administrator Hedges noted that BumsvilWs Heart of the City Project has also experienced some challenges in responding to the market and that the Cub Foods and ancillary retail development has helped jump start certain components of Heart of the City development Financial Consultant Inman also noted that the questions and relationship between S -R and Fagan are not unique to this redevelopment project. In general, it seems to be the rule rather than the exception that the first master developer does not see the project through to completion. Assistant City Attorney Bauer was directed to contact the S -R attorney to discuss a potential termination of the development agreement per the letter from Brad Schafer dated November 2, 2006. The Finance Committee stressed that future communications and negotiations should emphatically emphasize that the City is committed to continuing the project and is moving ahead with the redevelopment Mr. Inman was directed to informally talk to others regarding potential interest in becoming the master developer on this project and in getting their response to what We of overall project they see as market feasible. The Finance Committee stressed the importance of continuing to move the redevelopment along and to engage other potential developers as soon as possible and practical. The Finance Committee discussed the need to continue aggressively pursuing the acquisition of property in light of the new eminent domain legislation and the resulting deadlines grandfathered into this project. The Finance Committee directed that this item be brought before the full City Council for consideration on December 4, 2006. III. Discuss Funding Alternatives for Environmental Clean Up Required as a Result of the Site Assessment Project City Administrator Hedges briefly noted potential sites in the Cedar Grove Redevelopment District that might require environmental clean up and that the City has been pursuing all available avenues for cost sharing. More site specific information will become available as actual development proceeds. Mr. Inman also noted potential revenue sources related to TIF to assist with clean up costs. IV. Homestead Market Value Credit City Administrator Hedges updated the Finance Committee on staff progress in surveying other communities regarding final 2007 property tax levies and whether or not cities will include full or partial MVHC levies. He also noted that the item is on the upcoming agenda for the Operating Committee of the Municipal Legislative Commission. Staff will be providing additional information to the City Council as part of the Truth in Taxation Hearing and the budget and Levy approval process. V. Adjournment 0 Schafer Richardson November 2, 2006 Mayor and City Council: Thank you for the opportunity to work on the Cedar Grove project over the past several years. We.have enjoyed working with you, your staff, and the City's consultants to make the redevelopment of the Cedarvale Mall and the surrounding 70 acre area an asset to the City of Eagan and the region The site plan which you saw andapproved as part of the development agreement turned out not to be supportable in the current market. Specifically, • Market conditions for for -sale housing have worsened substantially. As you know, condominiums and townhomes were a large part of earlier site plans. • The amount of freestanding commercial space - which is more feasible than residential space in the current market - needs to be increased. However, it is limited by traffic constraints and the City's design guidelines for the area- In rea In an effort to make the project more market supportable, we made several changes to the proforma: • We replaced some condo units with rental units, • We replaced condo units with senior housing units, and • We increased the amount of commercial square footage. We do not feel that the project as it is currently structured is feasible. Over the past few months, we have spent considerable time testing different mixes of land uses to attempt to create a redevelopment pian which is market supportable and successful. Some of these changes are: • We increased the land price for townhome lots, • We increased the land price for commercial land, and • We increased the market values for the townhome units and commercial land, which increases the amount of TIF available. After all these changes, the project proforma still has a considerable financial shortfall, and it puts too much risk on us as the developer. The project currently has a gap of over $2 million, and the gap for Phase I - the most critical phase for financing and marketing the project - has a much larger gap still. ® Red Faun Dev wmwt 500 R=]z Building 615 Fust Av W NE conmacdon Mmneepolis, MN SS413 ® him=mt Phone 612.371.3080 49, ® Leasing & MemBemmt Fu 612.359.5858 w .Sa Mcom Mayor and City Council November 2, 2006 Page 2 We believe that additional financial assistance from the City is required to make the project work. We ask that you consider: • Carrying the land acquisition costs or providing a loan to us for this, • Waiving park and trail fees, • Paying for relocation expenses,, • Paying for off-site traffic improvement costs, or • Other ways to reduce project costs and/or carrying costs. We are not set that any of these is necessarily the answer, but additional assistance is needed to make the project feasible for us. We hope to make the Cedar Grove project work, but we.are prepared to work with you to part company amicably in the event it does not. We believe the project could be a great one, but it may not be the right project at this time. Sincerely, Brad Schafer President 150 TP, City of Eap 1 Ycmo TO: MAYOR GEAGAN AND CITY COUNCIL TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 2006 SUBJECT: CEDAR GROVE CORE AREA DEVELOPMENT AGREEMENT. UPDATE AND REQUEST FOR DIRECTION The purpose of this memo is to outline the status of the Cedar Grove Core Area Development Agreement between the City and the Cedar Grove Redevelopment Corporation, the Schafer Richardson partnership that was formed to act as the master developer for the core area of the Cedar Grove Redevelopment District. Overview This matter is before the City Council and EDA at this time for several reasons: The developer has not submitted Phase 1 Plans by the October 23, 2006 deadline prescribed in the amended development agreement and it is necessary for the City to determine how to proceed in light of that circumstance. Market conditions have shifted since the development agreement and preliminary concept plan were. approved in January, 2006, which has diminished the market supportability of the approved mbr and density of uses. In particular, the market for new suburban condominiums, which made up a substantial segment of the preliminary concept plan, has flattened. • Despite the fact that City staff and the developer have worked to refine the assumptions projected for the redevelopment, the financial proforma for the project retains a financing gap of $2 million to $3 million. The analysis presumes that the core area project will be sell -financing through TIF, with the exception of the City's obligation to use resources from elsewhere to cover costs such as environmental remediation, affordable housing and prior transportation improvements. • The refinement of some assumptions reduce the gap, but they are offset by the inability to assure the number and timing of construction of the condominium units. Since the number and density of this housing type represented a substantial amount of the new tax base in the revenue assumptions, it will be necessary to consider alternatives to fill the gap. These may be in the form of additional public capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial oommitrnent to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other ate. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the Keystone and Nicole Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocated within the area anticipating the mixed use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general concepts defined for the area, namely a mixture. of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspace and structured panting, where necessary to support necessary development densities. In order for the project to be market supportable, however, it appears necessary to consider land use alternatives outlined below to complement or supplement these new urban elements. While a further alternative would be to consider a more dramatic shift to a different mix of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical limits of the current traffic improvements and the proximity of the future Cedar Avenue BRT that will support. and benefit from higher density residential development. Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would need to be market supportable. For the . project to be successful in the future, the vision for the area will need to be clear enough to assure its quality, but flexible enough to incorporate those specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. New condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project is not market supportable at this time. 15?, While the flattening of the residential market crosses housing types, it is not as pronounced in the townhome and row home markets, such that a mixed use project for the area should be feasible, but its specific characteristics may need to change in the short run. A complete a shift toward lower density development resub,in decreased overall property value and, by extension, reduces the TIF available to underwrite project costs. This situation gave rise to discussions of land use alternatives. Land Use Altema To complement and retain the City s redevelopment general vision for the area, staff and the developer discussed whether market segments that are stronger at the present time, including retail, office, senior housing of various types and rental housing, could be integrated further into the mix of uses at Cedar Grove. The developer has prepared revised profonnas for several scenarios under which a portion of the higher density residential development would be replaced by a greater square footage of retail and office development and some of the higher density housing would shift to senior and rental products. One of the scenarios discussed is the addition of a certain amount of traditional, free standing retail development in the Gateway area of the development. In this scenario, the mixed use development previously shown at the gateway would shift to the west and the residential development in the western part of the district would contract to accommodate the change. This approach is similar.to developments in Maple Grove and Blaine that have a combination of a more traditional suburban development pattern that functions as an anchor for the new urban portions of the project, while generating additional tax base to support the remainder of the project. To the extent that they were analyzed, a financing gap of some scale remained for the core area project in each of the scenarios. Concert Plan and Phase 1 Site Plan The developer has indicated that it is not possible to proceed with implementation of the approved preliminary concept plan. In addition, he has indicated that he is not prepared to pay for the preparation of a graphic representation of an alternative concept plan, until the City agrees to offset the gap in the financial proforma. The challenge is that the City's level of financial support for a project in the area has always been predicated on the proposed development conforming sufficiently to the City's development expectations and the design guidelines. This can only be determined through an analysis of a concept plan and the more refined plans and graphics contemplated in the Phase Site Plans, The Council will need to determine whether it wishes to proceed with direction to identify l5-3 funds to close the gap, in the absence of those plans, or to provide other direction with respect to the redevelopment of the Cedar Grove Area. EDAICouncil Direction Alternatives for direction are outlined in the cover memo for this business item. Understanding that market support does not currently exist for a development concept that relies heavily on condominium development, it is dear that it is necessary to identify an altemative concept plan to form the basis of the redevelopment activity and move forward with implementation of the next phases of the project The issue is how best to accomplish that, whether in partnership with Schafer Richardson or by pursing other development partners for the project. Regardless of the direction chosen, the following factors are important to note. • The City now owns more than half of the property within the'redevelopment district • The .Council has given general direction to continue to acquire the remainder of the properties in the core area. • A substantial number of businesses associated with those properties have been successfully relocated and others are in the process of pursuing relocation options. • While the downturn in the condominium market presents a challenge, the emergence of market demand in a number of other sectors offers options for alternative approaches to the redevelopment of the area. If the Council determines to move forward with Schafer Richardson, it will be necessary to provide specific relative to challenge described in the Concept Plan and Phase I Site Plan discussion above. If the Council considers an attemative to part company with Schafer Richardson, it will be necessary to pursue another development partner or partners in the immediate future. I �1 lE.. . Cc: Gene VanOverbeke, Director of Administrative Services 1so DESCRIPTION OF PROPERTY The properly is the property described and outlined as Cedar Grove Properties Development Area on the attached map, and located in the City of Eagan, Section 19, Township 27, Range 23. Agenda Information Memo Eagan Economic Development Authority Meeting December 4, 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. City of Eapn 2007 General Fund Budget and Property Tax Levy Truth -in -Taxation public hearing December 4, 2006 Eagan Municipal Center Introduction Each year, as part of the budget preparation process, most Minnesota cities are required by law to hold a public hearing to receive comments on the types and levels of services proposed for the coming year and the anticipated costs of those services. These public hearings are referred. to as Truth -In - Taxation (TnT) hearings. Specifically, the proposed budget and proposed property tax levy, and their percentage increases from the current year levels, are to be discussed at the TnT hearing. The public hearing portion of the budget process is important as it offers residents and local business owners the. opportunity to provide feedback on the types of City services they expect and are willing to support. Even before TnT hearings were required by the State, Eagan's City Council had established a tradition of communicating its budget priorities to residents and providing a forum for public comment. We expect and welcome public comment as a constructive part of the budget process. Public input, together with the City Council's experience and City staffs expertise, help form the spending and cost management priorities for the City. Eagan Exempt from TnT This Year Under State law, a city is exempt from the requirement to hold a Truth -in - Taxation public hearing if its levy increase is within the inflationary threshold established by the State. For the payable 2007 levy, the State's inflationary allowance, referred to as the implicit price deflator, is 6.42%. Eagan's levy increase is 3.47%. For the second year In a row, because the levy Increase Is lower than the implicit price deflator, Eagan is exempted from the TnT hearing requirement this year. Nevertheless, the City Council has elected to hold a hearing, not only to receive public comment, but also to offer educational information to Eagan residents and business owners on the various services .provided by the City and how they are financed. Background In Minnesota, property taxes provide a significant portion of the total funding for K-12 schools and City and County services. The purpose of tonighrs hearing Is to discuss only the portion of taxes that support City services, which Is about one-quarter of a homeownees total property taxes. The City Council does not control the amounts levied for K-12 schools or County services. Nor does the City establish the market value of a property, another factor affecting the change in total taxes; it is the responsibility of the Dakota County Assessor's office to establish each property's market value. Annual increases to residential property values for taxability purposes were restricted under State law for several years, but the resulting "limited market values" are now being phased out. The result of the phase-out-4or those properties where actual value exceeds taxable value—is that taxable (i.e., limited) property values will be increasing at a faster pace than actual market values until the taxable value catches up to the actual value. The phase-out will be complete for taxes payable in 2009. For payable 2007; like last year, the increase in taxable market value was limited to the greater of (a)15% over last year, or (b) 25% of the difference between the taxable value and actual value as determined by the County Assessor. We believe many homeowners are again seeing property value increases approaching 15% on this year's Proposed Property Tax statements. Quite often over the years, the State Legislature has imposed levy limits on cities. The payable 2007 levy will mark the third year in a row that the State has not imposed limits. Calculating City Portion of Taxes Although not broken down for the reader, the City of Eagan tax figure in the TnT Proposed Property Tax Statements has three components: 1) the amount based on tax capacity, 2) the amount based on market value, resulting from the Community Center referendum approved by voters in 2000; and 3) the market value homestead credit, which is applied to the tax -capacity portion of the property tax on a prorated basis. (The market value homestead credit does not apply to commerciaUndustrial property.) Tax Capacity -based Portion The graphics on pages 8 through 10 help illustrate how the amount based on tax capacity is calculated. Each property's tax capacity (a function of market value and property type) is multiplied by the City's tax capacity rate, which is derived from the dollar levy approved by the Council. The City portion of taxes on a residential property with a market value of $278,021 (City average for 2006) is calculated as follows: First ... Tax capacity of $278,021 home = $278,021 x 1 % = $2,780 Then... Tax capacity -based taxes= $2,780 x.25239 (tax cap. rate) = $701.70 Market Value -based Portion In 2000, Eagan voters approved a bond referendum to fund development and construction of the Community Center in the Central Park area. The 20 -year serial bonds were sold in 2001. Each year, the amount of the debt service payments is levied as part of the property tax. The market value tax rate for 2007 is .0001574. Calculation of the 2007 market value -based tax on the home is as follows: Market value -based taxes = $278,021 x .0001574 (MV rate) = $43.76. KA Market Value Homestead Credit The TnT Proposed Property Tax Statement combines the tax capacity - based portion with the market value -based portion. For residential properties only, this total is then reduced by a homestead credit calculated according a formula set by the State (see page 8). In the example of the $278,021 home, the market value credit applied to the City portion of property taxes for a homestead in ISD 196is $39.32. Only the bottom line total tax, or $706.14 in this example, would appear on the TnT statement. The three components are summarized here: Tax capacity -based tax $ 701.70 Market value -based tax 43.76 Market value homestead credit 39.32 Total City tax $ 706.14 2007 Property Tax Levy Because of the several billion dollar deficit it faced in 2003, the State Legislature enacted significant. aid reductions to cities for 2004. Those reductions were subsequently extended into 2005 and 2006. Eagan lost its entire Local Government Aid (LGA) and Market Value Homestead Credit (MVHC) allotments from the State—more than $1 million each year. While the MVHC is scheduled to be restored to cities in 2007 under current law, there is significant skepticism among many local governments about the State keeping its promise, based on recent history. Like most other cities who have suffered serious MVHC cuts, Eagan has prepared its 2007 budget under the assumption that such aid will not be restored, and therefore, has again proposed to levy additional taxes to replace the State aid. If, however, the State does reinstate MVHC payments, the City Council plans to use the funds to pay down a $1.2 million obligation for capital equipment costs related to the startup of the Dakota Communications Center (DCC), which is discussed later in the 2007 General Fund Budget section of this narrative. Operating Levy General Fund Major Street Fund Equipment Revolving Fund General Facilities Renewal/Replacement MVHC Total Operating Levy Market Value* Levy – Community Center bonds Total Levy The total levy is up 3.3% from last year. 3 Actual 2006 $ 18,225,400 1,188,392 862,324 127,629 1153,562 21,557,307 1.202.093 $ 22,759,400 Proposed 2007 $19,067,200 1,247,812 905,440 134,010 950.100 22,304,562. 1.198.523 $ 23,503,085 The net operating levy of $221304,562 will be reduced by the MVHC estimate of $950,100 at the County, leaving a tax levy of $21,354,462 to be spread on the tax capacity of local property. 2007 GENERAL FUND BUDGET Expenditures Eagan's proposed 2007 General Fund budget is $25,449,3000 an Increase of $1,431,800, or 8.0%, from 2006. A significant portion of the increase is a result of "extraordinary" items that do not reflect a change in service levels. Examples of extraordinary items include energy costs over and above normal inflation and accounting changes in Recreation programming that "gross up" both revenues and expenditures in 2007.If the Impact ct of the ex reflects ary Items is eliminated, the resulting "app pplcomparison General Fund budget increase of only 4.4°h. More than two-thirds of the overall increase is due to higher costs for existing personnel. Wage increases under union contracts, similar increases for non-union staff, annual salary steps, higher health insurance costs, and higher mandated State pension costs all contribute to the increase. The 2007 budget reflects a significant swing between personnel and non - personnel costs. With the -newly -established Dakota Communications Center (DCC), a joint -powers partnership for emergency vehicle dispatching involving Dakota County and all ddies,therein, the City's existing emergency dispatcher personnel costs are replaced in. 2007 by a dollar contribution to the DCC. The 2006 personnel costs of $828,800 are removed; in tum, a contribution for DCC operating costs of $853,600 is included in the 2007 operating budget. Apart from the reduction in dispatchers, the net increase in full -time - equivalent (FTE) positions is 1.55. A full-time clerical technician is proposed in the Recreation division as part of a department restructuring. A half-time recreation program supervisor is also proposed in association with the Cky's acceptance of the Eagan Art House Board's request to make Art House class offerings a part of the City's general recreation programming. (Art House revenues will offset most of the additional costs to the City.) Minor hour changes in two other positions --assistant to the City administrator and accountant— essentially ccountantessentially offset one another and account for the final .05 FTE increase. Excluding again the DCC contribution mentioned above, non -personnel costs such as parts/supplies, contracted services, and small capital equipment purchases are up in total by $452,300 over the prior year. 4 Revenues The 2007 budget is balanced. As with expenditures, total revenues are estimated to increase 6.0%. Property taxes allocated to the General Fund are up 4.6%. Expecting the State will once again withhold the entire MVHC in 2007, the City Council preliminarily elected to levy taxes for this reduction, as it did in 2005 and 2006. The funding of Eagan's General Fund operations remains heavily reliant on the property tax; 75% of total estimated revenues are from property taxes. With virtually no reliance on State aid to finance General Fund operations, Eagan Will be less prone than most other cities to feel the effects of future State budget crises. User fees comprise the balance of General Fund revenues. The acquisition of the Art House programming noted earlier will add about $95,000 to the revenue budget. A comprehensive review of all other Recreation program revenues was conducted in 2006 by staff; as a result, new fees were recommended by the Advisory Parks Board and adopted by the City.Council. The new recreation fee structure provides an additional $130,000 in projected revenues for 2007. No other significant fee increases are incorporated in the 2007 revenue estimates. P FREQUENTLYASKED QUESTIONS (FAQs) When it comes to answering FAQs, sometimes pictures say it better than words. The charts and tables on the following pages serve to answer the questions we are commonly asked: - What share of my tax bill goes to the City? Page 7 - Pie chart illustrating where your property tax dollars go How is the City share of my tax bill calculated? Page 8 - Summary of three components of tax calculation Page 9 - Graphic of tax. capacity -based tax calculation Page 10 - Determining -tax capacity of a property Page 11- Determining the City's tax capacity rate How are my City tax dollars being spent? tax for a Page 12 - Pie chart reflecting allocation of 2007 property $278,021 house What other revenue sources are used to pay for the proposed budget? Page 13 - Pie chart of total revenues by source Page 14 - Comparative summary sofrevveennues for 2004 and 2005 actual, and 2006 and 2007 (as proposed) budget. What amount of spending is proposed for 2007, and how does it compare to prior years? Page 15 - Pie chart and table of major expenditure categories Pa aan2asof expenditures for 2004 and 2005 actual, and and 2007 proposed) budget How do my City taxes compare with those of other Metro -area suburbs? Page 17 - Bar chart comparing Eagan with 17 other area cities 1.1 I Where will your 2007 property tax dollars go? Calculation is for residential property located In ISD 196. City County . 260% .25 6., r Schayo�ls, �> „�t t pJ'� Y N\ 1- Approved' _ a- °� 32PNO 1 7 Calculating the City Portion of Property Taxes There are three basic components to the City tax figure shown in your Proposed Property Tax Statement: 1) Tax capacity -based taxes This is the more complicated part of the calculation. see graphics on pages 9-11. 2) Market value -based taxes In a 2000 referendum election, voters authorized the City to issue bonds to develop the Central Park area and construct a Community Center there. Bonds in the amount of $13,970,000 were issued in 2001. Bond payments are made from a tax levy that is based on a property's market value, calculated like this: 3) Market Value Credit applied to City portion (pertains to residential properties only) Beginning with the payable 2002 property taxes, the State Legislature instituted a market value credit for homestead property taxpayers. The credit reduces the property taxes. It is calculated as 0.4% of the market value of a homestead up to a maximum credit of $304 for a home valued at $76,000. For homestead values over $76,000, the credit phases out, on a straight-line basis, to zero for a home valued at $414,000. The total. credit for each homestead is applied on a pro -rata basis to City, County, School District and other components of the property taxes. E Tax Capacity Portion of Property Taxes Influencing factors: Property: value FLgenerated be General Fd expenditures Debt service T y Allocation to capital proj. Dakota Cty.Assessor. State alds other non -tax revenues is Class rate%;- State. Legislature. EW Total tax capacity available to generate taxes. E) Influencing factors: Development/growth Tax class rate changes Fiscal disparities TIF V Determining Your Property's Tax Capacity Property Class Rates 2006 2007 Residential (both homestead and non -homestead) First $500,000 in value 1.00% 1.00% Over $500,000 1.25% 1.25% CommerciallIndustrial First $150,000 in value 1.50% 1.50% Over $150,000 2.00% 2.00% Example 1: Residential homestead valued at $278,021: 2007 tax capacity = $278,021 x 1.00% _ $2,780 Example 2: Residential homestead valued at $600,000: $500,000 x 1.00% _ $5,000 $100,000 x 1.25% = 1.250 2007 tax capacity = $6,250 10 Determining the City's Tax Capacity Rate Total fazes to be Total tax capacity generated:by' available to - le generate taxes 2006 2007 % change Property tax levy Operating $21,557307 $ 22,304,562 3.5% Debt service 0 0 - Subtotal 21,557 307 22,304,562 3.5% Less: Fiscal Disparities Distribution (1,656,452) (1 761 247 6.3% Net local levy $19,900,855 $ 20,543,315 3.2% 2006 2007 % change Total tax capacity $ 85,160,030 $ 93,122,055 9.3% Less: Fiscal Disparities Contribution (10,064,239) (10,735,570) 6.7% Tax increment (570,892) (991,687) 73.7% Net local tax capacity $ 74,524,899 $ 81,394,798 9.2% 2006 tax capacity rate = 19,900,855 /74,524,899 = .26704 2007 tax capacity rate = 20,543,315 / 81,394,798 = .25239 11 How are my City tax dollars allocated? $706 in taxes on a $278,021(avg) Eagan home Capital Equip My $27 Homestead Credit Comm Ctr Contingency $27 Debt —\c$1 / $44 L_L� Genl Govt Bldgs $14 Parks/116c . $95 1 , t PubUcWorks Public Safety $254 12 Gen Feel[. RIR $4 Major Street $37 2007 General Fund Revenues $ 2594499300 - s • f F � Y KY �t s.a :. M � °�� `� � w, tier ��h J &gyp r�; �t � �, r�.„`�t 't ` :• 1R � A- } d�Cl yYp s1ri:i. i Y r �rsf.t ,. Lk arses & Permits Other 42% 2.9% Transfers Recreation Program 1.8% ChargesRevenues Charges forIntergov't 5.7% 3.7% Services Revenue 4.5% 22% 13 2007 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES General Property Taxes Licenses Permits Intergovernmental Rev Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers 2004 2005 20062007 Actual Actual Buda et Proposed $ 16,214,910 $ 17,292,300 $ 18,225,400 $ 19,067,200 250,736 248,507 261,600. 260,900 1,010,638 1,057,785 972,200 818,600 662,375 591,389 595,500 568,900 1,187,572 1,310,369 1,019,200 1,157,000 581,092 509,100 616,300 935,200 271,447 287,149 268,300 282,100 268,989 381,869 350,200 459,500 1,100,221 1,309,569 1,314,200 1,447,100 369,920 402,392 394,600 452,800 TOTAL GENERAL FUND $ 21,917,900 $ 23,3 $ 24,0 $ 25,449,300 14 15 2007 Comparative Summary of Expenditures General Fund Budget PUBLIC SAFETY 11 Police 477,100 2pp4 2005 2006 5,739,600 Patrol 2,162.800 Support Services Total Police 7,735,803 8,778,306 9,334,500 9, 832,600 12 'Fire Budget Administration 173,800 Actual Actual Budget Proposed GENERAL GOVERNMENT $ 108,380 $ 112,577 $ 121,900 $ 127,500 01 02 Mayor& Council Administration 705,281 532,276 502,100 485,200 03 Information Technologies 907,676 1,135,655 1,060,000 294,900 1,141,400 229,000 04 City Clerk 304,334 767,946 225,887 821,927 900,400 955,200 05 06 Finance Legal 387,499 478,504 400,700 458,000 07 Comm Dev-PlanninglED 675,316 820,341 813,900 999,300 880,100 906,300 08 Comm Dev-Inspections 852,828 369,985. 925,919 401,639 394,500 452,800 09 10 Communications Human Resources With Admin 231.800 240.500 241,900 Gen Govt Total 5,079,245 5,686,525 5,728,200 5,877,400 PUBLIC SAFETY 11 Police 477,100 Administration 1,453,100 Investigations 5,739,600 Patrol 2,162.800 Support Services Total Police 7,735,803 8,778,306 9,334,500 9, 832,600 12 'Fire 961,800 Administration 173,800 Operations 228,600 Inspections/prevent 177.500 Support Total Fire 1.025.743 1.100.821 1218.500 1.541,700 Public Safety Total 8,751,546 9,879,127 10,553,000 11,374,300 PUBLIC WORKS 21 Public works/Engineering 22 Streets 24 Central Svices. Maint. Public Works Total PARKS & RECREATION Parks & Recreation 30 Recreation 31 Parks Total Parks and Rec. 32 Tree Conservation Parks & Rea Total GENL GOVT BLDG MAINT 33 Building Maintenance 1,108,634 1,352,192 440.601 2,901,427 3,053,375 INA 1,206,353 1,412,796 441.541 3,060,890 3,246,188 386240 3,632,428 1,315,900 1,454,000 485.900 3,255,800 3,429,000 408.400 3,837,400 1,138,900 1,617,400 531.800 3,288,100 2,053,900 1.737200 3,791,100 464.100 4,255,200 583,442 647,788 618,200 639,400 Total Expenditures - General Fund $ 20,700,215 41 Contingency -undesignated Transfer Out Total Expenditures + Contingency 16 22,905,558 23,990,500 25,434,400 26,900 14,900 1,575,000