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01/15/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING January 15, 2008 6:30 P.M. I. 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 P a A. Acknowledgement of designation of Holtz Farm on the National Register of Historic Places p 3 B. Recognition of Sonya Rippe as recipient of the Dorthea Nelson Award presented by the Minnesota Recreation and • Parks Association IV. CONSENT AGENDA 4 A. APPROVE MINUTES I B. PERSONNEL ITEMS 11 C. APPROVE Check Registers p(a. D. ADOPT Resolution Accepting a $2,200 Grant from Factory Mutual Insurance Company for the Fire Department P ~+f E. ADOPT Comprehensive Water Supply Plan ~js F. AUTHORIZE Speed Study for Argenta Trail by MnDOT G. RECEIVE Draft Feasibility Report for Project 963 Nicols Road and Nancy Circle (Street Overlay) and schedule Public Hearing for February 19, 2008 P ~9 H. RECEIVE Draft Feasibility Report for Project 964 Yankee Doodle Road (Street Improvements) and schedule Public Hearing for February 19, 2008 P I. RECEIVE Draft Feasibility Report for Project 965 Elrene Road (Street Improvements) and schedule Public Hearing for February 19, 2008 P~ J. RECEIVE Draft Feasibility Report for Project 966 Federal Drive (Street Improvements) and schedule Public Hearing for February 19, 2008 K. RECEIVE Draft Feasibility Report for Project 968 Lexington Pointe Parkway and Daniel Drive Street Improvements and schedule Public Hearing for February 19, 2008 Pte? L. APPROVE Agreement with Minnesota Pollution Control Agency for Grant (Fish and Schwanz Lake - TMDL Studies and Planning) Pa~ M. AUTHORIZE ordinance revisions and City Code updates to address SWPPP requirements (NPDES Phase II MS4 Permit) P a5' N. APPROVE Joint Powers Agreement for Street Maintenance Services Pa11p O. RECEIVE Petition and schedule Public Hearing for February 19, 2008 for Easement Vacation, Waters Annex P~q P. APPROVE 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 12. Q. APPROVE Amendment to the Dakota County Drug Task Force Joint Powers Agreement R. APPROVE 2008 Drug Task Force Grant Application P~ S. AUTHORIZE disposal of unclaimed or abandoned property T. AUTHORIZE preparation of Ordinance Amendment to Chapter 11 relative to general code compliance standards U. APPROVE Non-linear editing equipment Replacement for Burnsville/Eagan Community Television p V. AUTHORIZE Decision Resources to conduct a survey regarding open space ' W. APPROVE Assessment Settlement Agreement for Project 776 (Gopher Resources Corp.) X. APPROVE Assessment Settlement Agreement for Project 776 (Virginia Fox) Psb V. PUBLIC HEARINGS P A. PROJECT 960, Brittany 8th - 10th Additions Street Improvements ~I B. PROJECT 961, Bur Oak Hills Street Improvements P I C. PROJECT 962, Cliff Drive Street Improvements D. VARIANCE - David Marsh, CGT Ltd. - A Variance of 5' to the required 30' setback from a public street located at dD 1374 Berry Ridge Road on Lot 4, Block 1, Berry Ridge Addition in the SW '/4 of Section 22. Vl. CITY ORGANIZATIONAL BUSINESS 31 A. ACTING MAYOR B. OFFICIAL LEGAL NEWSPAPER C. CITY COUNCIL MEETING SCHEDULE D. COUNCIL MEETING PROCEDURES E. STANDING COMMITTEE APPOINTMENTS / REPRESENTATIVE APPOINTMENTS F. ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY VII. OLD BUSINESS P A. PLANNED DEVELOPMENT AMENDMENT - Shops at Grand Oak - Interstate Partners - A Planned Development Amendment to modify the uniform signage plan located at 2864 and 2874 Highway 55 on Lot 3, Block 1, Grand Oak Five in the SE '/4 of Section 02. Pl B. PRELIMINARY SUBDIVISION - DG Welding First Addition - A Preliminary Subdivision of approximately 8.4 acres to create 2 lots located at 3265 Sun Drive and 3245 Terminal Drive on Lot 1, Block 1, Tan Me Industrial Park and Lot 1, Block 1, Bachman's Eagan Addition in the SE '/4 of Section 08. VIII. NEW BUSINESS 19+ A. CHARTER COMMISSION APPOINTMENTS IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda C. Approve Minutes ,p p2 D. Old Business T. I /5 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Consider Resolution to Authorize the Use of Eminent Domain for 3815 Nicols Road ! E. New Business ofC.~ 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement with U.S. Home for the Acquisition of the Former Gonyea Property on Cedar Grove Parkway (PIN 10 13 5200 1000) l~q F. Other Business 1 1. EDA Organizational Business G. Adjourn XI. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. 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. Alk~ City of Ema TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 11, 2008 SUBJECT: AGENDA INFORMATION FOR JANUARY 15, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 15, 2008 City Council agenda, the following items are in order for consideration. I Agenda Memo January 15, 2008 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS A. ACKNOWLEDGE the designation of Holz Farm on the National Register of Historic Places and accept the plaque on behalf of the Friends of the Farm and City of Eagan. ACTION TO BE CONSIDERED: To acknowledge the recent designation of Holz Farm on the National Register of Historic Places and accept the plaque on behalf of the Friends of the Farm and City of Eagan. FACTS: • In concert with the Friends of the Farm, The APrC expressed an interest in pursuing the potential historic designation for Holz Farm. • A preliminary review for eligibility on the National Register of Historic Places conducted by the Minnesota Historical Society determined that the Holz Farm property is eligible for nomination. • The City Council took action of May 17, 2005 to solicit proposals from consultants to determine the financial viability of pursuing the technically challenging task of pursuing this historic designation. • The APrC reviewed the benefits and concerns of Holz Farm being listed on the National Registry of Historic Places and recommended to the City Council that the city pursue the designation • The continued partnership between Friends of the Farm and the City of Eagan moved forward with this project to confirm Holz Farm as a unique area of historical significance. • The designation to the National Register of Historic Places was recently awarded to Holz Farm and representatives from the Friends of the Farm will be in attendance for the presentation. ATTACHMENTS: • None Agenda Memo January 15, 2008 Regular City Council Meeting B. Recognition of Sonya Rippe as the recipient of the Dorothea Nelson Award presented by the Minnesota Recreation and Parks Association. ACTION TO BE CONSIDERED: To acknowledge the recent Dorothea Nelson Award presented to Sonya Rippe by the Minnesota Recreation and Parks Association. FACTS: • Every year the Minnesota Recreation and Parks Association opens nominations for various professional awards to recognize members for outstanding service to the Parks and Recreation profession. • This year Sonya Rippe was selected by her peers to receive the Dorothea Nelson award. • The Dorothea Nelson Award is presented to a female who is a professional member of the MRPA with fifteen (15) years or less of professional experience. The selection is based on the outstanding service to the parks and recreation field and to the MRPA. • Sonya has been an employee of the City of Eagan for almost 10 years and currently serves as the Recreation Facilities Manager. • The Dorothea Nelson Award was presented to Sonya at the MRPA annual meeting on January 9. ATTACHMENTS: • None 3 Agenda Information Memo January 15, 2008 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 3, 2008 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the January 3, 2008 regular City Council meeting are enclosed on pages through. MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota January 3, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, January 3, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a Closed Session would be held to discuss EDA business and Charter Commission appointments. Councilmember Fields moved, Councilmember Bakken 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 Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the December 3, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to change the job title of Sara Hegle from Office Support Specialist to GIS Technician/OSS. 2. It was recommended to change the job title of Tami Maddio from Senior GIS Specialist to GIS Coordintaor/Sr GIS Specialist. 3. It was recommended to approve a 3% annual wage adjustment to the 2008 non-union Compensation Plan for all regular non-collective bargaining employees, effective January 6, 2008 per City policy. 4. It was recommended to approve a 3% adjustment to Directors' car allowances. 5. It was recommended to approve the 2008 City Administrator compensation as follows: • Increase compensation by 3%. • Provide an additional vacation accrual of 45.16 hours and authorize the City Administrator to exceed the vacation accrual cap by that additional amount. • Continue to provide a car allowance at the 2006 and 2007 rate. 6. It was recommended to approve an annual wage adjustment to the Parks and Recreation 2008 Seasonal Compensation Plan and for temporary, seasonal, and recurring non-collective bargaining employees between 0% and 3%. 7. It was recommended to adopt the IRS mileage rate effective January 1, 2008. The current IRS rate for 2008 is 50.5 cents per mile. Should the 2008 rate change, the City's reimbursement will automatically adjust to the new rate. C. Check Re isg tern. It was recommended to ratify the check registers dated December 20 and December 27, 2007 as presented. D. Disposal of Property. It was recommended to authorize submission of a letter to Dakota County CDA regarding the disposal of property at 1997 / 1999 Gold Trail for redevelopment as a young adult supportive housing project. Eagan City Council Meeting Minutes L)R Q F January 3, 2008 , Page 2 E. Contract. It was recommended to approve a Contract with Hoisingon, Koegler Group, Inc. for assistance with the 2008 Comprehensive Plan Update. F. Contract 06-01. It was recommended to approve Work Order Numbers 37-38 for Contract 06-01, Trunk Highway 149 Reconstruction. G. ROW Vacation. It was recommended to receive the petition to vacate public right-of-way known as Blue Gentian Circle and schedule a public hearing to be held on February 5, 2008. H. Agreement It was recommended to approve an agreement with MnDOT accepting federal funding on behalf of Red pine Elementary for a Safe Routes to School grant. 1. On-Sale Liquor License. It was recommended to approve the on-sale liquor and Sunday license for Applebee's Restaurants North LLC dba Applebee's Neighborhood Grill & Bar, 1335 Town Centre Drive. J. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Don Pablo's located at 1280 Promenade Place. K. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Jensen's Supper Club located at 3840 Sibley Memorial Highway. L. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Granite City Food & Brewery located at 3330 Pilot Knob Road. M. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Applebee's Neighborhood Grill & Bar located at 1335 Town Centre Drive. N. Off-Sale Beer License. It was recommended to approve a change in management on the off-sale beer license for Holiday Stationstore #247 located at 3615 Pilot Knob Road. 0. Off-Sale Liquor License. It was recommended to approve a change in management on the off-sale beer license for Sam's Club #4738 located at 3035 Denmark Avenue (including Suite 1). PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PROPOSED 2008 BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION AND BURNSVILLE/EAGAN COMMUNITY TELEVISION BUDGET City Administrator Hedges stated that this item regarding the 2008 Bumsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television budget was discussed at the December 18 Council meeting and was continued to allow time for additional information regarding personnel costs to be submitted for Council review. He went on to discuss the additional information provided. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the combined proposed 2008 budget for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - THE SHOPS AT GRAND OAK City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55. City Planner Ridley gave a staff report. Matt Miller, Interstate Partners, discussed the proposed signage which would enhance visibility for the Time Out Restaurant & Bar. The co-owner of Time Out Restaurants discussed the need for the additional signage, stating that customers have a difficult time finding the entrance to the restaurant. Council discussed the possibility of having signage that states only "Entrance on Dodd Road". It was the consensus of the Council to continue consideration of the proposed signage to allow time for the applicant to provide a modified plan that included directional signage only from Highway 55 and at the Highway 149 access point. `-K Eagan City Council Meeting Minutes January 3, 2008 Page 3 Councilmember Fields moved, Councilmember Bakken seconded a motion to continue to the January 15 meeting consideration of a Planned Development Amendment to allow directional signage on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55, legally described as Lot 3, Block 1, Grand Oak Five, in the NE '/4 of Section 2. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - YMCA PYLON SIGN City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow a pylon sign located at the YMCA site, 500 Opperman Drive. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a pylon sign located at 500 Opperman Drive on Lot 1, Block 1, YMCA 2"d Addition in the NE'/4 of Section 13, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The pylon sign shall be setback a minimum of 10 feet from all property line and remain outside of easement areas. 4. The pylon sin shall be located as indicated on the site plan received November 21, 2007. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated December 5, 2007. 6. The pylon sign shall comply with all Sign Code requirements; including the message changing no more than once every twenty minutes. PRELIMINARY SUBDIVISION (DIFFLEY MARKETPLACE 2ND ADDITION) RELIANCE DEVELOPMENT City Administrator Hedges introduced this item regarding Preliminary Subdivision (Diffley Marketplace 2"d Addition) to create five lots upon approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue. City Planner Ridley gave a staff report. David Stradtman, Reliance Development, discussed the proposed subdivision, stating it had been contemplated since the beginning of the proposed Difley Marketplace development. Council held a brief discussion regarding parking and cross easement issues. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Diffley Marketplace 2"d Addition) to create five lots upon approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Lot 1, Block 1, Diffley Marketplace, in the NW '/4 of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1, B 1, B2, B4, C 1, C2, C4, D 1, and E 1. 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 4. All erosion / sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion / Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the construction and management of erosion / sediment control devices, and the establishment of vegetation for the development, shall have received Erosion / Sediment Eagan City Council Meeting Minutes n January 3, 2008 /C' /q F r Page 4 J Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The reconstruction of the access onto Diffley Road, and all necessary modifications to Diffley Road to accommodate the 3/4 access, as required by Dakota County, shall be the responsibility of the developer. 7. Cross easements for the ingress-egress between the proposed lots shall be provided in a a form acceptable to the City Attorney. 8. Cross easements for shared parking between the proposed lots shall be provided in a form acceptable to the City Attorney and without tenant specific signage. 9. Sanitary sewer, water main, and storm sewer systems within the development shall be covered with private easements, in a form acceptable to the City Attorney, allowing for their private maintenance by the property owners. 10. This development shall be responsible for obtaining a permit from Dakota County for all work within Diffley Road right-of-way. 11. Stormwater runoff shall be treated via an on-site constructed pond. The design and construction of the pond shall be consistent with the Final Planned Development which was approved in August 2007. 12. A cash water quality dedication for the portion of the property that drains off-site (-1.04 acres) shall be paid prior to issuance of any building permit, or prior to release of the plat for recording, whichever occurs first. The amount due will be based on the rates in effect at that time. 13. This development shall fulfill required tree mitigation through the installation of at least fifty-four (54) Category B trees, or an equivalent combination of Category A, B, or C trees. 14. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees . woodlands to be preserved along and just south of the south property line. 15. The developer shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 16. This development shall provide screening of mechanical equipment (ground or rooftop mounted) as required in the City's zoning ordinance. Screening shall be shown on the plans at the time of building permit application for Lots 1, 2, and 3, and compliance with the ordinance requirements will be determined at that time. For Lots 4 and 5, compliance shall be demonstrated at the time of Final Planned Development. 17. Parks and trails dedications shall be fulfilled through cash dedication, payable at t he time of building permit issuance at the rates then in effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. The regular City Council meeting was recessed at 7:25 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 7: 40 p.m. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed proposed consulting engineering contracts for technical/specialty services. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve Consulting Engineering Contracts for Technical/Specialty Services with the referenced firms and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. 13 Eagan City Council Meeting Minutes 0A)7 January 3, 2008 ,`j Page 5 Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the regular meeting at 7:45 p.m. and immediately convene a closed session. 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 January 15 2008 Eagan City Council Meeting B. PERSONNEL ITEMS There are no Personnel Items to be considered at this time. Agenda Information Memo January 15, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 27, 2007 and January 3, 2008 as presented. ATTACHMENTS: • Check registers dated December 27, 2007 and January 3, 2008 are enclosed without page number. ll Agenda Memo January 15th, 2008 Regular City Council Meeting CONSENT AGENDA: Approve a resolution accepting a $2,200 Grant from Factory Mutual Insurance Company. - Fire Department. ACTION TO BE CONSIDERED: Approve a resolution accepting a grant from Factory Mutual Insurance Company in the amount of $2,200. FACTS: • The Eagan Fire Department had applied for a non-matching grant in the amount of $2,200 from Factory Mutual Insurance Company. • The Fire Department was recently notified that we had been selected to receive the grant. • The grant is for purchasing one tablet laptop computer to allow the Fire Inspector to do his fire inspections electronically while performing the inspection and be able to print a report of the inspection on site for the business representative. • As part of this action, a budget adjustment is requested to adjust revenues up by $2,200 in the Fire Departments Administrative Capitol budget program (1221-6670). • A thank you letter will be sent to Factory Mutual Insurance Company from the fire department. ATTACHMENTS: ■ Copy of the letter from Factory Mutual Insurance Company. (?J 1~ F2 ly 6 o.6a I' Factory Mutual Insurance Company 1301 Atwood Avenue PO Box 700 Johnston, RI 02919 USA T: 401 275 3000 F: 401 275 3029 www f nglobal com November 2, 2007 Chief Mike Scott Eagan Fire Department 3795 Pilot Knob Rd Eagan, MN 55122 Subject: FM Global Fire Prevention Grant Application Dear Chief Scott: The Fire Prevention Grant Committee has considered your request and voted to fund $2200 towards the purchase of a laptop computer. Funding is made on behalf of the FM Global Foundation. The check will be forwarded to Steve Cannon, Fire Prevention Coordinator in our St. Louis office. You will be contacted shortly regarding the 'arrangements for the presentation, In addition a publicity support form will be sent via email to assist you with creating a press release for the grant presentation.. Thank you for your commitment to fire prevention. Best regards, Michael Spaziani Manager - Fire Prevention Grants/Fire Service Liaison michael.soazianiCrDfmalobai.com cc: Steve Cannon - FM Global St. Louis Operations J. Pachomski, FM Global Corporate Communications Joan Ciancarelli File - # 07-148 l3 Agenda Information Memo January 15, 2008 Eagan City Council Meeting CONSENT AGENDA E. COMPREHENSIVE WATER SUPPLY, EMERGENCY & CONSERVATION PLAN ACTION TO BE CONSIDERED: Adopt the Comprehensive Water Supply, Emergency & Conservation Plan and authorize the Public Works Director to certify its approval to the Minnesota Department of Natural Resources. FACTS: • Minnesota Statutes 103G.291 require public water suppliers serving more than 1,000 people to have a Water Emergency and Conservation Plan approved by the Department of Natural Resources (DNR). A Water Supply Plan is also a required element of the Metropolitan Area Community Local Comprehensive Plans. Water Supply Plans were initially due January 1, 1996 and are required to be updated every ten years. To meet the DNR's review schedule, the City of Eagan was requested to submit our plan by October 15, 2007. • On November 9, 2007, the City was informed that the DNR approved our Plan subject to formal adoption by the City Council. This DNR approval includes all projected water use increases and 2 new well installations identified in the Plan over the next 10 years. • The City was also required to submit the Plan to adjacent governmental units for a 60-day review period which has now expired with only Dakota County commenting with their concurrence. ISSUES: • With the DNB's approval, they noted that the City's average residential per capita demand over the past five years was 87 gallons per day, which is higher that the 2002 metropolitan average of 75 gallons per day. While they applaud our water conservation programs, they informed us that we may need to implement additional conservation measures if our average residential per capita demand is not reduced within 5 years. These measures could include: 1. going beyond the current educational/warning efforts to monetary fines for violation of the Odd/Even sprinkling ban 2. implementing a "seasonal" rate for peak summer irrigation months 3. implementing an "increasing block" rate for incremental increase in usage. • On December 7, 2007 the Metropolitan Council informed the City that they consider our Plan complete and no further review by them is required. However, while they complimented the City on the Plan, they noted that the community population projections in the Plan are inconsistent with the Met Council's forecasts for Eagan and reminded the City that we will have to provide updated population projections as an amendment to the Plan when the City submits its overall Comprehensive Plan Update for consistency throughout. The differences are minimal and will not affect our projected water supply needs. Agenda Information Memo January 15, 2008 Eagan City Council Meeting F. ARGENTA TRAIL SPEED LIMIT STUDY ACTION TO BE CONSIDERED: Approve a resolution requesting MnDOT to perform all required speed studies necessary to designate the proper speed limit for Argenta Trail from TH 149 (Dodd Road) to County Road 28 (Yankee Doodle Road). FACTS: • Argenta Trail is a two-lane, major collector roadway located on the municipal boundary with Inver Grove Heights and has a speed limit of 45 miles per hour. • Jurisdiction of Argenta Trail, previously known as County Road 63/13affin Trail, was transferred from Dakota County to the Cities of Inver Grove Height and Eagan in 2006. The majority of Argenta Trail lies within Inver Grove Heights. The west half of Argenta Trail, from TH 149 (Dodd Road) to Opperman Drive, lies within Eagan. • The City of Inver Grove Heights has received requests to lower the regulatory speed limit on Argenta Trail. • By state statutes, the Commissioner of Transportation establishes regulatory speed limits on state and local roadways based on a thorough engineering and traffic study. In order to evaluate the current speed limit on Argenta Trail, MnDOT requires a council resolution from the local road authorities. • The Inver Grove Heights City Council approved a resolution requesting MnDOT to perform a speed study at its January 14, 2008 meeting. ATTACHMENT: ! / - • Location map, page tY • Resolution, page Municipal = Argenta Boundary Trail ti l ~ Eagan 1 p o 7 QPPERMAN 9 Il 1, Inver Grove Heights WWW + ~',r I - ICA C. LOCATION MAP City of Ea tBIl ARGENTA TRAIL SPEED STUDY 1 CQ RESOLUTION CITY OF EAGAN SPEED LIMIT DESIGNATION MNDOT SPEED STUDY REQUEST WHEREAS, the Cities of Eagan and Inver Grove Heights have recently received jurisdiction of Argenta Trail; and, WHEREAS, the City of Inver Grove Heights has received requests to evaluate the current speed limit on Argenta Trail from Trunk Highway 149 (Dodd Road) to County Road 28 (Yankee Doodle Road); and, WHEREAS, the west half of Argenta Trail, from Trunk Highway 149 (Dodd Road) to Opperman Drive, lies within the City of Eagan; and, WHEREAS, the Cities of Inver Grove Heights and Eagan would like to establish enforceable speed limits along Argenta Trail; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, hereby requests MnDOT to perform all required speed studies necessary to designate the proper speed limit for Argenta Trail, from Trunk Highway 149 (Dodd Road) to County Road 28 (Yankee Doodle Road). CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION 1, 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 15th day of January, 2008. Maria Petersen, City Clerk Agenda Information Memo January 15, 2008 Eagan City Council Meeting G. PROJECT 963. NICOLS ROAD/ NANCY CIRCLE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 963, Nicols Road/ Nancy Circle (Street Improvements) and schedule a public hearing to be held on February 19, 2008. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Nicols Road, from Meghans Lane to Kings Road, and Nancy Circle, a cul-de-sac west of Nicols Road, in western Eagan. • A structural mill and overlay of these streets is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, February 19, 2008. ATTACHMENTS: • Draft Feasibility Report under separate cover l~ Agenda Information Memo January 15, 2008 Eagan City Council Meeting H. PROJECT 964, YANKEE DOODLE ROAD (WEST OF TERMINAL DR.) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 964, Yankee Doodle Road - west of Terminal Drive (Street Improvements) and schedule a public hearing to be held on February 19, 2008. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Yankee Doodle Road, from Terminal Drive to approximately 600 feet to the west, in northwestern Eagan. • A structural mill and overlay of this street is programmed for 2008 in the City of Eagan's 5-Year CEP (2008-2012). • 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, February 19, 2008. ATTACHMENTS: • Draft Feasibility Report under separate cover !9' Agenda Information Memo January 15, 2008 Eagan City Council Meeting 1. PROJECT 965, ELRENE ROAD (WESCOTT RD TO TRAILS END RD) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 965, Elrene Road - Wescott Road to Trails End Road (Street Improvements) and schedule a public hearing to be held on February 19, 2008. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Elrene Road, from Wescott Road to Trails End Road. • A structural mill and overlay of this street is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, February 19, 2008. ATTACHMENTS: • Draft Feasibility Report under separate cover Agenda Information Memo January 15, 2008 Eagan City Council Meeting J PROJECT 966, FEDERAL DRIVE (WASHINGTON DRIVE TO YANKEED DOODLE ROAD) - STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 966, Federal Drive - Washington Drive to Yankee Doodle Road (Street Improvements) and schedule a public hearing to be held on February 19, 2008. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Federal Drive, from Washington Drive to Yankee Doodle Road. • A structural mill and overlay of this street is programmed for 2008 in the City of Eagan's 5-Year CEP (2008-2012). • 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, February 19, 2008. ATTACHMENTS: • Draft Feasibility Report under separate cover a1 Agenda Information Memo January 15, 2008 Eagan City Council Meeting K. PROJECT 968. LEXINGTON POINTE PARKWAY/ DANIEL DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 968, Lexington Pointe Parkway/Daniel Drive (Street Improvements) and schedule a public hearing to be held on February 19, 2008. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Lexington Pointe Parkway and Daniel Drive, west of Lexington Avenue and south of Diffley Road. • A structural mill and overlay of these streets is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, February 19, 2008. ATTACHMENTS: • Draft Feasibility Report under separate cover ~a Agenda Information Memo January 15, 2008 Eagan City Council Meeting L. MINNESOTA POLLUTION CONTROL AGENCY GRANT FISH LAKE AND SCHWANZ LAKE NUTRIENT IMPAIRMENT TMDL ACTION TO BE CONSIDERED: Approve an agreement with the Minnesota Pollution Control Agency for a Fish Lake and Schwartz Lake Nutrient Impairment Total Maximum Daily Load (TMDL) Project and authorize the Mayor and City Clerk to execute all related documents FACTS: • Section 303(d) of the federal Clean Water Act (CWA) and applicable federal regulations require states to adopt water quality standards to protect waters from pollution. These standards define how much of a pollutant can be in the water and still allow it to meet designated uses, such as drinking water, fishing, and swimming. A waterbody is "impaired" if it fails to meet one or more water quality standards. • "TMDL" (Total Maximum Daily Load) is the maximum amount of a pollutant a waterbody can receive and still meet water quality standards. • To identify and restore impaired waters, the CWA requires states to: 1) assess waters to determine if they meet water quality standards; 2) list waters that do not meet standards; and 3) conduct TMDL studies to set pollutant reduction goals needed to restore waters. Federal and state regulations also require implementation of restoration measures to meet TMDLs. • The Minnesota Pollution Control Agency (MPCA) is the state agency responsible to the federal Environmental Protection Agency regarding the CWA. • Minnesota's Clean Water Legacy Act was passed in 2006 "to protect, restore, and preserve the quality of Minnesota's surface waters by providing authority, direction, and resources to achieve and maintain water quality standards for surface waters," according to the CWA and applicable federal regulations. The act established an account in the state's environmental fund to accelerate water monitoring, TMDL development, and restoration activities throughout the state. • Impaired waters have been found in every Minnesota county after assessing only about 15 percent of the state's waters. Since the first effort in 1996, about 40 percent of assessed waters have been found to be impaired-a rate similar to other states. • Many Minnesota lakes, including Fish Lake and Blackhawk Lake in Eagan, are listed for mercury impairment and therefore have fish consumption advisories. Since most fish tested in Minnesota lakes contain mercury, which is deposited atmospherically, such impairments are addressed by a federally approved TMDL Plan. • Despite historical and exemplary efforts by the City of Eagan's water resources program since 1990, the state included Fish Lake and Schwanz Lake on the 2006 list for nutrient impairment (i.e., phosphorus). • The City's Water Quality and Wetland Management Plan (WQWMP) factors Impaired Waters/TMDL plans and studies in its priority lake ranking system. Because the WQWMP specifically scheduled Eagan's two highest priority lakes (Fish and Schwanz) for development of revised lake management plans (including TMDL) in 2007-08, the MPCA has prioritized funding for this effort. • The Fish Lake and Schwartz Lake Nutrient Impairment TMDL Project would begin in early February 2008 and end by December 30, 2009 and would receive $90,000 in MPCA funding. The remainder of the proposed $150,832 project budget ($60,832) would be financed through the existing City Lakes and Wetlands Program operating budget and subsidized by staff time. C~ 3 Agenda Information Memo January 15, 2008 Eagan City Council Meeting M. STORM WATER & WATER QUALITY ORDINANCES CITY CODE AMENDMENT ACTION TO BE CONSIDERED: Authorize the preparation of new and revised ordinance language as an amendment to the City Code that addresses the City of Eagan's Storm Water Pollution Prevention Plan (SWPPP) and the Water Quality and Wetland Management Plan (WQWMP) and direct staff to prepare draft ordinances for further consideration. FACTS: • On March 4, 2003, the City Council authorized the submittal of a Municipal Separate Storm Sewer System (MS4) permit application to the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES), Phase II, Program. A Storm Water Pollution Prevention Plan (SWPPP) was included with this permit application. The permit and SWPPP were modified June 1, 2006, as a result of a May, 2003 Minnesota Court of Appeals decision in which the court required the MPCA to provide the opportunity for public review of each MS4 SWPPP. • In the SWPPP, City staff detailed, with the guidance of the League of Minnesota Cities Guide Plan, the duties, practices and responsibilities of the City of Eagan that address the pollution abatement efforts required to meet the permit's Maximum Extent Practicable standard. • On July 17, 2007, the City Council approved the Water Quality and Wetland Management Plan (WQWMP) for the City. At this same meeting the Council also approved an Ordinance Amendment that addressed wetland protection and associated regulations as incorporated within the approved Water Quality and Wetland Management Plan. • The SWPPP and WQWMP include Best Management Practices (BMP) and policies such as no net Total Phosphorus (TP) and Total Suspended Solids (TSS) increases, storm water infiltration requirements, and Minnesota River bluff protection. To ensure implementation of these BMPs and policies, adequate ordinance support is highly encouraged. In some instances, compliance with the SWPPP and MS4 permit require ordinance adoption by a specific date. • Examples of subjects staff would focus upon include: o Post Construction ordinance to address stormwater runoff from new development and redevelopment projects of 1 acre. This ordinance would ensure controls are in place to prevent or reduce water quality impacts. o Illicit Discharge ordinance to prohibit illicit discharges into storm sewer system. o Update of City Code Section 4.32, Land Disturbance and Erosion Control Regulations, to bring code into compliance with current requirements. • It would be appropriate for the City Council to direct staff to prepare draft ordinances to be considered in accordance with the City's SWPPP and WQWMP. Said ordinance approval would also allow the City to comply with the MS4 permit. a l Agenda Information Memo January 15, 2008 Eagan City Council Meeting CONSENT N. 2008 JOINT POWERS AGREEMENT - STREET MAINTENANCE ACTION TO BE CONSIDERED: Approve the 11-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. FACTS: • For the past 22 years (1985), the City of Eagan has participated in a Joint Powers Agreement (JPA) with the cities of Burnsville, Apple Valley, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, and West St. Paul to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and seal coating contractual services. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • The JPA for 2008 is basically the same as approved by the Council in previous years. It has been reviewed by the Superintendent of Streets/Equipment and found to be in order for favorable consideration. S '~Z Agenda Information Memo January 16, 2007 Eagan City Council Meeting 0. WATERS ANNEX EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements within Waters Annex and schedule a public hearing to be held on February 19, 2008. FACTS: • On December 19, 2007, City staff received a petition from John Ferrier, representing CSM Corporation, requesting the vacation of public drainage & utility easements within this property. • 5' and 10' wide easements were dedicated as part of the Waters Annex plat as the typical front, rear and side lot easements for drainage and utility purposes. • The easements do not cover any known utility lines or provide for drainage of multiple properties. • The purpose of the request is to allow CSM to replat the property, including the realignment of lot lines. The reconfiguration of the parcels on the proposed plat would place some of the existing drainage and utility easements in conflict with the developable portion of the parcels. • New or replacement drainage and utility easements are to be dedicated with the plat of Waters Annex Second Addition. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page • Easement Vacation Exhibit, page a1P GHTS INTERSTATE 494 Q FNI Proposed U\j Vacation I . w LONE OAK ROAD RV NK HWY No. 55 I w V z I o I z_ w I X w J I YANKEE DOODLE ROAD I A s I ~a I Waters Annex City of Eap Proposed Easement Vacation 1-09-08 Engineering Department c: Location Map Q oP ~ J> ~ f ANNEX W PJ \NP~Eas ~ONF O,qK i RAVE Waters Annex City of Eap Proposed Easement Vacation 1-09-08 Engineering Department Agenda Memo January 15, 2008 Regular City Council Meeting P. APPROVE 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. 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 16 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 $1,898 for 2008 has been incorporated into the approved 2008 Parks and Recreation Department operational budget. This represents an increase of less than %2 % over the 2007 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 ~9 Consent Agenda Information Memo January 15, 2007 Eagan City Council Meeting CONSENT AGENDA: Q. Accept an amendment to the Dakota County Drug Task Force Joint Powers Agreement ACTION TO BE CONSIDERED: To approve the proposed changes to the existing joint powers agreement entitling agencies to obtain additional reimbursement for allocating additional agents. FACTS: • In March 2005, the Eagan City Council approved a 5-year Joint Powers Agreement to be a member of the Dakota County Drug Task Force. • Section 8.1 of the agreement describes each agency's specific staffing commitment in the terms of full time equivalency (F.T.E.). • The Dakota Drug Task Force reimburses funds when fund balances exceed necessary operating levels. Annually, the Task Force Board of Directors determines the amount of funds available for reimbursement to member agencies which is distributed depending on the number of F.T.E.'s committed by the agency. • The Dakota County Drug Task Force has identified the need to increase staffing levels in an effort to better enforce and investigate narcotics trafficking in the county. • At this time the Eagan Police Department is not considering increasing its staffing commitment to the task force. • The proposed change allows member agencies to increase their commitment and obtain the appropriate reimbursement based upon the number of F.T.E.'s they are providing to the task force. ATTACHMENTS: A copy of the proposed Amendment to the Dakota County Drug Task Force Joint Powers Agreement. Pis- 31,....,, 3 3 430 AMENDMENT TO THE DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT WHEREAS, effective January 1, 2005, the City of Apple Valley, City of Burnsville, City of Eagan, City of Farmington, City of Hastings, City of Inver Grove Heights, City of Lakeville, City of Mendota Heights, City of Rosemount, City of Savage, City of South St. Paul, City of West St. Paul, and Dakota County entered into a Joint Powers Agreement to establish an organization to coordinate efforts to apprehend and prosecute drug offenders; and WHEREAS, the parties desire to amend the number of officers assigned to the Dakota County Drug Task Force; and WHEREAS, the Agreement may be amended only when expressed in writing and duly signed by all of the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Section 8.1 is amended to read as follows: 8.1 Each member shall assign at least one experienced, licensed peace officer to serve as agents for the Task Force as follows: City of Apple Valley Up to Two (2) Full Time Equivalent (FTE) City of Burnsville Up to Two (2) FTE City of Eagan Up to Two (2) FTE City of Farmington Up to One (1) FTE City of Hastings Up to One (1) FTE City of Inver Grove Heights Up to Two (2) FTE City of Lakeville Up to Two (2) FTE City of Mendota Heights Up to One (1) FTE City of Rosemount Up to One (1) FTE City of Savage Up to One (1) FTE City of South St. Paul Up to One (1) FTE City of West St. Paul Up to Two (2) FTE Dakota County Up to Four (4) FTE 2. Section 10, Forfeiture, Seizures and Fines, is amended to. read as follows: 10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board may divide all remaining forfeited items among Task Force members in proportion to the then-assigned Full Time Equivalent contributions of each member of this Agreement as set forth in Paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by court order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 3. Section 13.3, Effect of Termination is amended to read as follows: . 13.3 Effect of Termination. Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the then-assigned Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 7.1 herein. 4. All other terms of the Joint Powers Agreement between the parties listed above shall remain in full force and effect unless otherwise amended or terminated in accordance with law or the terms of the Contract. 31 5. This Amendment is effective upon execution of the Amendment by all parties, which may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to constitute one and the same Amendment. 6. In any case where this Amendment conflicts with the earlier Joint Powers Agreement, this Amendment shall govern. IN WITNESS WHEREOF, the parties have executed this Amendment on the dates indicated below.. (the remainder of this page is intentionally left blank) 3~ 2 CITY OF EAGAN Approved by the City Council By Date Date of Signature Attest Date of Signature 5 Consent Agenda Information Memo January 15, 2008 Eagan City Council Meeting CONSENT AGENDA: R. Accept a Grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement. ACTION TO BE CONSIDERED: To approve the resolution and except the 2008 grant on behalf of the Dakota County Drug Task Force. FACTS: • The Drug Task Force has received state and federal grant funds since its inception in 1988. • One municipality has always acted as its fiscal agency. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for book keeping, budgeting and grant administration. • The State of Minnesota Office of Justice Programs has awarded the Drug Task Force $270,000 for 2008. The Dakota Drug Task Force uses this funding to supplement the administration of the unit. • There are 3 copies of the grant contract and a resolution authorizing the execution of the agreement for the Mayor and City Clerk to endorse. ATTACHMENTS: copies of the 2008 grant contract along with a resolution authorizing the execution of the agreement from the state grant coordinator. P95, 35-- 41 3q- STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Programs 444 Cedar Street, Suite 100, St. Paul, Minnesota 55101-5100 ("State") and City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55122-1897 ("Grantee"). Recitals 1 Under Minn. Stat. 299A.0.1, Subd 2 (4), the State is empowered to enter into this grant contract. 2 State funds for this grant contract are provided in Laws of Minnesota 2007, Chapter 54, Article 1, Section 10, Subdivision 6 for the purpose of funding the combined operations of the Criminal Gang Strike Force and Narcotics Task Forces. The State is responsible under Minn. Stat. § 299A.641 for administration of funds for the organization and operation of the Gang and Drug Oversight Council (Council) and the combined operations of the Criminal Gang Strike Force and Narcotics Task Force. 3 The State is in need of services that fulfill this purpose. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date. January 1, 2008, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.3 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date. December 31, 2008, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2.1 Activities. The Grantee, who is not a state employee, and acts on behalf of the Dakota County Drug Task Force, will perform all of the duties and tasks specified in the applicable Request for Proposal and the Grantee's grant application for this program, which are incorporated by reference into this grant contract and are on file with the State and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee must meet and maintain all conditions of eligibility for multijurisdictional task forces as detailed in the applicable Request for Proposal which are hereby incorporated by reference and made a part of this grant contract. 2.2 Reporting Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual, which is hereby incorporated by reference into this grant contract and made a part of this grant contract. (1) Financial Reporting. Grantee shall submit a financial reporting form to the State utilizing the format identified by the State within 30 days after the end of the reporting period. (2) Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the end of reporting period. (3) Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. (4) Evaluation. State shall have the authority, during the course of this grant period, to conduct an evaluation of the performance of the Grantee. (5) Requirement Changes. State may modify or change all reporting forms at their discretion during the grant period. (6) Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee's successful implementation NGTF State Funding (11/07) Narcotics and Gang Task Force 08 ^ ^ 1 OJP Grant Number 2008-NGTF-00431 of the program. The State will notify the Grantee in writing of any special administrative requirements. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $270,000.00, according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to Exhibit A as described in Section 4.2 (2) of this grant contract and the revised budget must be approved by the State's Authorized Representative before any expenditures may be made based on the revised budget. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be paid in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this grant contract by reference. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. .(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $270,000.00. $236,687.50 is available from January 1, 2008 through December 31, 2008. $33,312.50 is available from July 1, 2008 through December 31, 2008. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual. (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each source of funding received. Grantee shall comply with the current Office of Justice Programs' Grant Manual. No funds will be disbursed for activities not identified in the goals and objectives or work plan submitted on the grant application forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. (2) Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representative-before any-expenditure-can-be-made-based_on_the_revise-d_budget.-Submission_andappTDvaLof a budget revision is necessary if a) a line item will deviate by $200 or 10%, whichever is higher, from the approved budget, or b) a new line item that was not part of the approved budget will be created. (3) Closeout. Grantee shall have until 30 days after the Expiration date of this grant contract, to submit a report of all funds and interest received and disbursed. If a report is not submitted within this time period, expenses claimed on the report may be disallowed and the State may request a refund of those monies from the Grantee. (4) Records. Grantee shall retain all financial records for a minimum of six (6) years after the date of submission of the final financial status report, or until completion of an audit which has commenced before the expiration of this six-year period, or until any audit findings and/or recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 4.3 Payment Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily performed. NGTF State Funding (11/07) Narcotics and Gang Task Force 08 ✓~j(`~n 2 OJP Grant Number 2008-NGTF-00431 Final invoice pertainingg to the first state fiscal year of this grant contract must be received by July 31, 2008. Reimbursements from the second state fiscal year may commence on or after July 1, 2008. The final invoice pertaining to the second state fiscal year of this grant contract must be received within 30 days after the Expiration date of this grant contract. Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. 4.4 Federal requirements. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Sue Perkins, Grants Specialist Coordinator, Justice and Community Grants, 444 Cedar Street, Suite 100, St. Paul, Minnesota 55101, (651) 201-7338, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Tom Pepper, Chief Financial Officer, City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55122, (651) 675-5017. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party- 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. NGTF State Funding (11/07) Narcotics and Gang Task Force 08 n 3 OR Grant Number 2008-NGTF-00431 IVY 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at anytime, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination by the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Agent. Upon termination the Grantee is entitled to payment for services actually performed and agrees to return any unused funds to the State. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. NGTF State Funding (11/07) Narcotics and Gang Task Force 08 4 OR Grant Number 2008-NGTF-00431 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent.state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. 16A.15 and 16C.05. Signed: By: (with delegated authority) Date: Title: Grant Contract No.: 2008-NGTF-00431/6300-2655 Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: Agency Grantee State's Authorized Representative NGTF State Funding (11/07) Narcotics and Gang Task Force 08 n 5 OJP Grant Number 2008-NGTF-00431 `~l EXHIBIT A MINNESOTA DEPARTMENT OF PUBLIC SAFETY OFPOFFICE OF JUSTICE PROGRAMS Eagan, City of Grantee: Grant Number: 2008-NGTF-00431 OF Nil Program Component. ALL PROGRAM COMPONENTS Budget Category Award Contract Services $57,000.00 Office Expenses $20,400.00 Program Expenses $41,500.00 Other Expenses $113,100.00 Confidential Funds $38,000.00 TOTAL $270,000.00 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that The City of Eagan will enter into (Name of your organization) a cooperative agreement with the Office of Justice Programs in the Minnesota Department of Public Safety. The Eagan Mayo is hereby authorized to execute (Title of authorized official) such agreements and amendments, as are necessary to implement the project on behalf of The City of Eagan (Name of your organization) I certify that the above resolution was adopted by the Eagan City Council of The City of Eagan _on ( xecuuve may) (Name of your organization) January 15 2008 ate SIGNED: WITNESSETH: (Signature) (Signature) (Title) (Title) (Date) (Date) Consent Agenda Information Memo January 15, 2008 Eagan City Council Meeting S. Disposal of Unclaimed or Abandoned Property ACTION TO BE CONSIDERED: Approval to destroy unclaimed or abandoned property per Eagan City Ordinance 2.70 FACTS: • The police department has 21 firearms that have been in our possession dating back to 2002. • A notice was sent to each owner indicating that the weapons are in the possession of the City of Eagan. Per City Ordinance 2.70, a 30-day notice is adequate when notifying owners of pending disposal of abandoned or unclaimed property. • The ordinance defines three options for disposal of unclaimed or abandoned firearms. 1. The firearms can be converted to departmental use 2. They can be forwarded to the Bureau of Criminal Apprehension for ballistic testing. 3. They can be destroyed. • The firearms meet the definition of abandoned or unclaimed property under city code. • The police department requests authorization to use one (1) of the firearms for the department's youth firearms safety training program. • The police department requests authorization to send the remaining weapons to the BCA for ballistics testing. ATTACHMENTS List of weapons that are subject to disposal.P7, 43 '7`v~ Unclaimed/Abandoned Weapons Weapon T e Case File Number 1. 38 Revolver 02-5765 2. 12 gauge shotgun/Ithica 03-2685 3. 25 cal Handgun/Barretta 03-2685 4. 12 gauge shotgun/Remington 04-1501 5. 12 gauge shotgun (short barrel) 04-3370 6. 9 mm Handgun/Walther 04-6430 7. 9 mm Handgun/Smith & Wesson 04-7508 8. 32 cal Handgun/Russian Made 05-616 9.410 Rifle/Springfield 05-4666 10. 22 cal Pistol/Jennings 05-6428 11. 38 Revolver/Colt 05-6964 12. 12 gauge Shotgun 06-569 13. 38 Revolver/Smith & Wesson 06-2426 14. 9 mm Handgun/Springfield Arms 06-2426 15. 30.06 Rifle 06-3660 16. 22 Pistol/Jennings 07-1847 17. 16 gauge Shotgun/Remington 07-3277 18. 22 cal Rifle/Harrington 07-3277 (Dept Use) 19. P89 Handgun/Sturm-Ruger 07-3391 20. 357 Revolver/Ruger 07-3964 21. 22 cal Handgun/Ruger 07-5512 T.L/ Agenda Information Memo January 15, 2008 Eagan City Council Meeting T. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to standard City Code compliance in association with various City approvals. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The purpose of this amendment is to allow the City to explicitly require general compliance with City Code regulations, as a matter of course, in conjunction with various approvals, i.e. subdivisions, conditional use permits, variances, etc. While conditions of approval have included compliance requirements in the past, the City Attorney has opined that adding specific City Code language would be superior. City staff has, and is sensitive to, the concern that over-regulation can have a chilling effect on improvement/investment efforts and will work with the City Attorney to consider that as the amendment language is formulated. ➢ As an amendment to Chapter 11, a Public Hearing before the APC will be necessary before this item returns to the City Council. ATTACHMENTS: None Agenda Information Memo January 15, 2007 Eagan City Council Meeting U. Consider Approval of Non-Linear Editing Equipment Replacement for Burnsville/Eagan Community Television ACTION TO BE CONSIDERED: Approve purchase of a non-linear editing equipment for Burnsville/Eagan Community Television (BECT) to replace existing equipment. FACTS: • To continue to produce governmental and community programming BECT needs to replace dated editing equipment that is in poor working condition and no longer being technically supported by the manufacturer. • This item is budgeted, and is part of BECT's 5-Year Equipment Plan, but is being purchased in 2008 rather than 2007, as intended, because of equipment back orders. • The editing equipment to be purchased is able to be relocated should BECT move to a different facility when its lease expires at the end of 2008. • A Request for Bids was published on Burnsville/Eagan Community Television's website, and prospective video equipment dealers were notified of the posting. Bids closed on 12/04/2007 at 11:OOAM, and were opened by BECT Manager Mark Hotchkiss before a witness at 11:50AM. The contract winner is Alpha Video, 7711 Computer. Avenue, Edina, MN 55435, priced at $31,641.15 or $259.86 less than the second place bidder. • Editing equipment proposed for replacement will be dedicated to volunteer use for the production of community programming. • Equipment being replaced was purchased in 1999, and is beyond its projected life expectancy. • BECT staff will install the equipment, procure installation materials and moveable edit suite furniture. Total cost with these contingencies, including shipping, is $33,391.15, and within the budgeted amount of $35,000.00. ATTACHMENTS: • Bid submissions r~lJ. LPH ,rC ry~^~^° 7711 Computer Avenue / Edina, Mirriesota 55435 `~M' Lw ~M 0 p' hone: 952.896.98%/ fax: 952-896,9899 the visual communications experts www.atptbvideo.rcn To: Mark Hotchkiss b Burnsville/Eagan Community Television h 4155 Old Sibley Memorial Highway V~ 5 Eagan, MN 55122 V Re: Invitation For Bids NLE Systems Dear Mr. Hotchkiss, Thank you for the opportunity to provide you with a bid for the 2 Apple Final Cut Pro systems. The systems that I have quoted matches the equipment listed on your bid invitation posted on your web site as of December 3`d, 2007. 1 have enclosed a quotation with this letter. Please feel free to contact me if you have any questions in regard to my quote. Please notify my as to the bid results of your bid opening at your earliest convenience. Sincerely, i Michael T. Pouh, CTS Alpha Video (952)841-3365 mikepgalphavideo.com LPHAV101-:0 Quotation the visual communications experts ' zyli!CA i i~!9 7711 Computer Ave, Edina MN 55435 12/03/07 AAAQ1512 Phone: 952-896-9898 - Fax 952-896-9899 - Visit us at www.alphavideo.com We are an equal opportunity employer Mark Hotchkiss Phone: (952)641-1351 Mike Pouh Burnsville/Eagan Community TV Fax: (651)894-2562 Sales Executive 4155 Old Sibley Memorial Hwy Eagan, MN 55122 Terms: NET 30 952-841-3365 U.S.A. Ship via: Best Way mikep@alphavideo.com f a a 4tk~ x RS n . ,rs 71777 ~ °r5 ,>.i;s. 0 f -p~ 1 Z0138 APPLE MAC PRO QUOTE #W33745936 2 $4,200.00 $8,400.00 INCLUDES APPLE MAC PRO 2.266 MHZ DUAL CORE INTEL XEON, 4GB RAM, 2 SUPERDRIVES, 1 25OGB HARD DRIVE, 2 50OGB HARD DRIVES, ATI RADEON X1900, ACCESSORY KIT, KEYBOARD AND MOUSE 2 M9179LLIA APPLE 30 IN HD CINEMA DISPLAY 2 $1,795.00 $3,590.00 3 BA886Z/A APPLE FINAL CUT STUDIO 2 2 $1,155.00 $2,310.00 4 MA516LL/A APPLECARE PROTECTION PLAN FOR MAC PRO 2 $195.00 $390.00 5 HVR-1500 SONY HDWDVCAM VTR 2 $6,580.00 $13,160.00 6 HVBK1505 SONY ANALOG INPUT BORD FOR HVR-1500 2 $930.00 $1,860.00 Sub Total $29,710.00 Sales Tax $1,931.15 Shipping $0.00 Total $31,641.15 Accepted by: Date: PO: All information contained within this quote is valid for the next 30 days. Thereafter, all prices and applicable charges are subject to change. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. 12103/07 CONFIDENTIAL Page 1 of 1 47 t AWIOVISUAL, INC. ~til~ ' r 5~ Midwest , • • San Diego V) L AM Systems 9675 West 76th Street, Suite 200 Eden Prairie, MN 55344{ (0 Phone: (952) 949-3700 Fax: (952) 949-6000 ( Equipment Sales Contract (ESC) l Quote Number 05-060-000015 Bill To: Ship To: Customer Location: Shipping Information: (Indicate with x Burnsville/Eagan Community TV TBuurnsville/Eagan Community TBuurnsville/Eagan Community Next Day Air: 4155 Old Sibley Memorial H 4155 Old Sibley Memorial Hwy 4155 Old Sibley Memorial Hwy 2W Da Air: (around: Eagan, MN 55122- Eagan, MN 55122- Eagan, MN 55122- Truck: Customer No: Attn: Mark Hotchkiss Shipping Insurance: Customer PO: Phone: 651 882-8213 Partials Accepted- Freight PPD/Add: Sales Re : Mark Sturm Ordered B : Payment Terms: Date: 12/3/2007 Sales Order Number: Terms Accepted By: Notes: 1.0 Equipment Cost Summary - Model No Manu Description QTY List Contract Extended FCP-BTO PC Connection MacPro/rwo 2.66GHz dual Core Intrl 1 $0.00 $3,827.00 $3,827.00 Xeon, 4gb ram.mghty mouse, keyboard, 250gb HD, Two superdrives. ATI, Radeon X1900 XT 5138332 PC Connection 30" Apple Cinema HD LCD Display 1 $0.00 $1,920.00 $1,920.00 7589444 PC Connection Final Cut Studio 2 1 $0.00 $1,259.00 $1,259.00 7229748 PC Connection Apppecare Protection Plan for Mac 1 $0.00 $283.00 $283.00 Pro (with or without display) HVR1500 SONY Digital HD Videocassette Recorder 1 $7,900.00 $6,733.00 $6,733.00 HVBK1 505 SONY Analog Input Board for HVRA500 1 $1,200.00 $955.00 $955.00 $14,977.00 2.0 Sales, Use Tax and Delivery Charges - AVI Systems will add any applicable taxes and delivery charges to the amount of each invoice. If non-taxable, please indicate in notes section above. 3.0 Invoicing for Equipment Purchase - Invoices will be submitted to the party referred to as the "Bill To" and will include a detail of equipment shipped to the customer by the selected carrier. Each invoice will be due in accordance with the payment terms above. Invoices will be submitted for items shipped from AVI Systems facilities or directly from the manufacturer and will include partial as well as complete shipments. A finance charge computed at the rate of 1.5% per month will be charged on any balance not received within the agreed upon terms. /y/ t „7 J 611) 4.0 Remit To Address - All payments should be mailed to: V 2 Audiovisual, Inc dba AVI Systems 6 t.} NW 8393 PO BOX 1450 Minneapolis, MN 55485-8393` ~(3 13 5.0 General Business Terms - The Customer agrees to purchase and Audiovisual, Inc. ("AVI Systems") by its acceptance of this Agreement agrees to sell, in accordance with the following terms and conditions, the equipment listed (the "Equipment"). Under such terms and conditions, AVI Systems will a) sell Equipment to the Customer and b) provide warranty service for Equipment. The customer agrees to accept the Equipment and warranty service under the terms and Created 1202007 9:22 AM Page 1 of 3 www.audiovisualine.com W conditions of this Agreement. The Customer further agrees with respect to the Equipment to accept the responsibility for c) its selection to achieve the Customer's intended results, d) its use, and e) the results obtained there from. 5.1 Price and Payment - This Agreement must be signed by the Customer and accepted by AVI Systems on or before the processing of this order. Payment in full for ail Equipment shall be due within the terms of Section 3.0 above. The prices shown are F.O.B. Manufacturer's Plant. The Customer in accordance with AVI Systems' current shipping and billing practices will pay all destination charges for each piece of Equipment from a designated AVI Systems location, and any other charges. In addition to the prices on this Agreement, the Customer agrees to pay amounts equal to any sales or use or personal property taxes resulting from this Agreement or any activities hereunder. 5.2 Title - Provided this Agreement is accepted by AVI Systems, title to the Equipment passes to the Customer as of the date of shipment from AVI Systems or the date of receipt of this Agreement by AVI Systems, whichever is later. 5.3 Security Interest - The undersigned Customer, for value received, hereby grants to AVI Systems a security interest under the Uniform Commercial Code in the foregoing Equipment, plus any additions and replacements of such Equipment, and all accessories, parts and connecting Equipment now or hereafter affixed thereto. This security interest will be satisfied by payment in full unless otherwise provided for in an AVI Systems Installment Payment Agreement. The security agreement shall be security for the payment herein, plus 1.5% per month interest from Invoice due date detailed in Section 3.0 above, and plus a 20% restocking charge on the merchandise and attorney fees for collection of the foregoing. A copy of this Agreement may be filed as a financing statement with the appropriate authority at any time after signature of the Customer. Such filing does not constitute acceptance of this Agreement by AVI Systems. 5.4 Risk of Loss or Damage - After the date of shipment, all risks of loss or damage shall be on the Customer. 5.5 Shipment AVI Systems agrees to schedule Equipment for shipment in accordance with AVI Systems applicable shipment sequence. 5.6 Recelvina/Installation - The Customer agrees to furnish all labor required for receiving, unpacking and placing Equipment in the desired location along with Installation. Packaging materials shall be the property of the Customer. 5.7 Conflauration Changes - By agreement between AVI Systems and the Customer, changes in the configuration of the Equipment described herein may be made in writing by submission of a Change Order document, 5.8 Warranties - Factory warranties vary by manufacturer, and no additional warranties are expressed or implied. 5.9 Remedies - Upon default as provided herein, AVI Systems shall have all the rights and remedies of a secured party under the Uniform Commercial Code and under any other applicable laws. Any requirements of reasonable notice by either party to the other guarantors or sureties of Customer shall be met if such notice is mailed, postage prepaid, to the address of the parties shown on the first page of this Agreement (or to such other mailing address as either party in writing later furnishes to the other) at least ten calendar days before the time of the event or contemplated action set forth in said notice. Customer agrees to pay all expenses of retaking, holding, preparing for sale, selling and attorneys' fees and legal expenses as may be allowed by law and incurred by AVI Systems, In enforcing its rights under this Agreement. The rights and remedies herein conferred upon AVI Systems, shall be cumulative and not alternative and shall be In addition to and not in substitution of or in derogation of rights and remedies conferred by the Uniform Commercial Code and other applicable laws. 5.10 Limitation of Remedies - AVI Systems entire liability and the Customer's exclusive remedy shall be as follows: In all situations involving performance or nonperformance of Equipment furnished under this Agreement, the Customer's remedy is the adjustment or repair of the Equipment or replacement of its parts by AVI Systems, or, at AVI Systems option, replacement of the Equipment. In no event will AVI Systems be liable for any damages caused by the Customer's failure to perform the Customer's responsibilities, or for any lost profits or other consequential damages, even if AVI Systems has been advised of the possibility of such damages, or for any claim against the Customer by any other party, or for any damages caused by performance or non-performance of Equipment located outside the United States or Puerto Rico. 5.11 Accelerations of Obligation and Default - Upon the occurrence of any event of default by Customer, AVI Systems may, at its option, with or without notice, declare the whole unpaid balance of any obligation secured by this Agreement immediately due and payable and may declare Customer to be in default under this. Agreement. 5.12 General - This Agreement is not assignable without the prior written consent of AVI Systems. Any attempt to assign any of the rights, duties, or obligations of this Agreement without such consent is void. This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of AVI Systems, and variance from the terms and conditions of the Agreement in any order or other written notification from the Customer will be of no effect. The term "this Agreementu as used herein includes any applicable installment payment agreement, supplement or future written amendment made in accordance herewith. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not In any way be affected or impaired thereby. Unless otherwise agreed to In writing by Customer and AVI Systems, if any printed term or condition contained in any purchase order or other form used by Customer to order products or services pursuant to this Agreement, or in any acknowledgment or other form used by Customer is Inconsistent with any term or condition contained herein, the provisions hereof shall apply and take precedence. AVI Systems is not responsible for failure to fulfill its obligations under this Agreement due to causes beyond its control or, Created 1214/2007 12:02 PM Page 2 of 3 www.audiovisuallnc.com LLO I Bid Request Page 1 of 1 Mark Hotchkiss From: Jim Sorenson Usorenson@firsttech.com] Sent: Thursday, November 29, 2007 1;21 PM To: Mark Hotchkiss Subject: Bid Request HI Mark Thanks for the Invitation to bid, however we do not sell the Sony video line of products so we will need reply "no bid". If there is anything we can do to help you in the future with Apple product please let us know. Regards, Jim Sorenson First Tech Computer 2640 Hennepin Ave S. Minneapolis, MN 55408 P. 612-374-8060 12/4/2007 JC- Agenda Memo January 15, 2008 Regular City Council Meeting V. AUTHORIZE Decision Resources to conduct a survey regarding open space. ACTION TO BE CONSIDERED: Authorize Decision Resources to conduct a survey regarding open space. FACTS: • An Open Space Committee of the Council, consisting of the Mayor and Paul Bakken, was formed at the direction of the Council at the August 14, 2007 City Council workshop. The committee was given the task of exploring the process and timeline for holding a bond referendum to find open space acquisition. • The Open Space Committee met on December 27, 2007. • The committee requested that this item be brought forward to the Council given timing restraints associated with completing a survey this winter/spring. • Funding for a survey was included as one of the uses of the Open Space Acquisition program set up as part of the Community Investment Fund at the August 14, 2007 Council meeting. • At the January 8, 2007 City Council workshop, the follow-up discussion addressed how to move forward with a community survey. The City Council directed that a survey be developed by Decision Resources, in conjunction with the City Council and staff, that could be considered for implementation over the next few months. • The cost to develop the survey is proposed to be funded through the Open Space Acquisition program set up as part of the Community Investment Fund. ATTACHMENTS: None G7l Agenda Information Memo January 15, 2008 Eagan City Council Meeting CONSENT AGENDA: W PROJECT 776. YANKEE DOODLE RD. ASSESSMENT APPEAL SETTLEMENT AGREEMENT - GOPHER RESOURCE CORP. ACTION TO BE CONSIDERED: Approve Assessment Appeal Settlement Agreement for Project 776 (Yankee Doodle Rd) with Gopher Resource Corp. and authorize the Mayor and City Clerk to execute all related documents FACTS: • Project 776 provided for the upgrade and extension of County Road 28 (Yankee Doodle Rd) from TH 149 to TH 55 in Inver Grove Heights. This project was competed in 2005 with the Final Assessment Hearing held on December 4, 2006. Of the 9 parcels assessed for the benefits from this improvement, 5 objected to and formally appealed their assessments. 3 of these parcels are owned by Gopher Smelting and Refining Co. (GSR) and 1 is owned by Lo Nidy Co. Inc., a GSR family subsidiary. • In preparation for a trial scheduled for Feb. 6, the court ordered both sides to try and mediate the dispute. After 3'/2 hrs of mediation on Jan. 3, the Public Works Director and City Attorney received what was deemed a reasonable offer from the property owner agreeing to assessments supported by the City's appraisals, calculation adjustments for technical errors, and costs savings for abated litigation efforts. It also included deferment with interest (till future sale, transfer or subdivision) for the assessments on the unplatted undeveloped parcel. • This settlement offer is being presented to the Council for favorable consideration. ISSUES: • If the Council would like to review and/or deliberate the details of the proposed settlement, it is recommended that this item be continued and such discussion be directed to a closed session meeting due to the open litigation status of this appeal. ATTACHEMENTS: • Draft Settlement Agreement, to be confidentially distributed under separate cover with the Administrative Agenda packet. sa Agenda Information Memo January 15, 2008 Eagan City Council Meeting CONSENT AGENDA: X. PROJECT 776. YANKEE DOODLE RD. ASSESSMENT APPEAL SETTLEMENT AGREEMENT - VIRGINIA FOX ACTION TO BE CONSIDERED: Approve Assessment Appeal Settlement Agreement for Project 776 (Yankee Doodle Rd) with Virginia Fox and authorize the Mayor and City Clerk to execute all related documents FACTS: • Project 776 provided for the upgrade and extension of County Road 28 (Yankee Doodle Rd) from TH 149 to TH 55 in Inver Grove Heights. This project was competed in 2005 with the Final Assessment Hearing held on December 4, 2006. Of the 9 parcels assessed for the benefits from this improvement, 5 objected to and formally appealed their assessments. One of these is owned by Virginia F. Fox and is an unplatted/undeveloped parcel on the south side adjacent to the Inver Grove Heights border. • In preparation for a trial scheduled for Feb. 6, the court ordered both sides to try and mediate the dispute. After 3% hrs of mediation on Jan. 3, the Public Works Director and City Attorney received what was deemed a reasonable offer from the property owner agreeing to street assessments supported by the City's appraisal, removing the utility assessments for collection with higher future connections fees, and costs savings for abated litigation efforts. It also included deferment with interest (till future development or subdivision) for the street related assessments. • This settlement offer is being presented to the Council for favorable consideration. ISSUES: • If the Council would like to review and/or deliberate the details of the proposed settlement, it is recommended that this item be continued and such discussion be directed to a closed session meeting due to the open litigation status of this appeal. ATTACHEMENTS: • Draft Settlement Agreement, to be confidentially distributed under separate cover with the Administrative Agenda packet. ~55 Agenda Information Memo January 15, 2008 Eagan City Council Meeting A. PROJ 960. BRITTANY 8TH -10TH ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 960 (Brittany 8th - 10th Additions - 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 eighteen years, the City has rehabilitated approximately 96 miles of local streets. • The resurfacing of the streets within the Brittany 8th - 10th Additions neighborhood, located south of Cliff Road and east Pilot Knob Road has been programmed for 2008 in the City's 5-Year Capital Improvement Program. • On June 19, 2007, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of these streets. • On December 18, 2007, the feasibility report for Project 960 was presented to the City Council and a Public Hearing was scheduled for January 15 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 9 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 87 total properties (all single-family) proposed to be assessed under this improvement, 3 residents representing 2 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 5J and-. • Neighborhood Meeting Minutes, page~-'70 City of Ea an Report for Brittany 8t"-lOte Additions Neighborhood Street Revitalization City Project No. 960 January, 2008 A City of Eapn Mike Maguire January 10, 2008 MAYOR Honorable Mayor and City Council City of Eagan Paul Bakken 3830 Pilot Knob Road Peggy Carlson Eagan, MN 55122 Cyndee Fields Meg Tilley Re: Brittany 8`h-10`h Additions Street Revitalization City Project No. 960 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Brittany 8`h -10`h Additions Street Revitalization, City Project No. 960. 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. MUNICIPAL CENTER Sincerely, 3830 Pilot Knob Road i4 Eagan, MN 55122-1810 o p Gorder, P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FACILITY Minnesota. 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone John P. Gorder 651.675.5360 fax Date: 08 Reg. No. 22813 651.454.8535 TDD Reviewed By: www.cityofeagan.com Dept. of Public W s Date: - 10 - o y Reviewed By: THE LONE OAK TREE Finance Dept. Date: S The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction ...........................................................................................................................................1 Scope .......................................................................................................................................................2 Feasibility and Recommendations ........................................................................................................3 Street Evaluation ...................................................................................................................................3 Proposed Improvements .......................................................................................................................4 Rain Gardens/ Infiltration Areas .........................................................................................................6 Easements/Permits ................................................................................................................................6 Cost Estimate 6 Assessments ...........................................................................................................................................7 Low Density Residential .........................................................................................................7 Assessment Financing Options ............................................................................................................7 Revenue Source .....................................................................................................................................8 Project Schedule .....................................................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - I Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay January 2008 Neighborhood Street Revitalization Brittany 8th - loth Additions 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 .0.9 miles of 32' wide local residential streets within the Brittany neighborhood area are identified for street overlay improvements in 2008. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed in 1984 and 1986. Based on the data and engineering strategies/ best management practices 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 underlying street. Brittany 8`h-1 o`h Addn. Pa`~ S 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 1991 and 2005. The Public Works maintenance program typically includes patching and refurbishing during the construction two seasons 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 0.9 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. Brittany 8`h-10`h Addn. I~a~ 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 (2008 - 2012) 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 conjunction with other similar projects in the City. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0-35 Reconstruct I The 2007 PCI rankings for the Brittany Addn. has a neighborhood weighted average pavement condition rating of 59 which falls in the lower rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category mostly because of the preparatory maintenance performed by City crews, as mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" Brittany 8`h-loch Addn. category. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2008 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavements may be reduced. 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'/z-inch bituminous d overlay. The overlay, combined with the existing street x 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 12% (0.2 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 Brittany 8`n-10`" Addn. Pa~e 4 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 w minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of six truncated dome pedestrian ramps on the - concrete sidewalk along' Covington Lane. Example of a truncated dome pedestrian ramp Brittany 8th-10th Addn. &a Mailbox Repair - Some mailboxes within the Brittany 8 h- 10ffi Addition neighborhood have been identified as "at risk" of being damaged -481n~ 213W eeeN IOVN Aedafe nW. be an ere m during winter snow and ice operations by the City °a Imin ',rS ~ mamm mar V heye. to m er eae wnne nom Street Maintenance Division. These mailboxes are From of Mall Bo Behind Beds of Curb installed too low or close to the curb, or aged and deteriorated so that they may not withstand the impact of the snow from a plow. City staff is communicating to homeowners through mailing - _ rom of Pape rne pp~ about these mailbox problems, specifically in the Bo Extend Forward of Verbal Poat proposed 2008 street revitalization neighborhoods. Safety clear Homeowners with at-risk mailboxes will have the zo"" option of repairing the boxes individually, or by REVISED STANDARD MAIL S PAPER BOX PLATE signing a waiver to allow the City to repair and INSTALLATION GUIDELINES ti 06 610 Ergirereg DeirMrnt the cost assessed to the property. Because the cooperation of property owners, and therefore City involvement, is uncertain, costs for City repair and special assessment is not included in this report. t _IIl ~a l Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Brittany 8th-10`h Addn. Noe 6 w5l 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 Brittany Addition, 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. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2008 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 $ 147,990 • Repair Existing Concrete Curb & Gutter $ 65,590 Total Project Cost $213,580 Brittany 881hh-101h Addn. P e7 /n~ 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 (87 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, 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 $850 per Single Family Lot and is calculated as follows: 1) [$147,990 (Mill & Overlay Cost + Signage Cost) x 50%] = $74,000 [Total Residential Assessment (R-1, 2, 3)] 2) $74,000 (Total Residential Assessment) 4 $850 / lot 87 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 Brittany 8`h-10`h Addn. following payment schedule will result based on an estimated 6.0% interest for the assessed amounts: Single Family Residential Lot = $850 Principal Interest Cost Per Year Per Year Per Year First Year $ 170 $51 $221 Fifth Year $ 170 $10 $180 Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay $147,990 $74,000 $73,990 Repair Existing Curb $65,590 -0- $65,590 Totals $213,580 $74,000 $139,580 The City's Major Street Fund will finance the estimated project deficit of $139,540 (65% of total). Project Schedule Present Feasibility Report to City Council/ Order Public Hearing December 18, 2007 Neighborhood Meeting January 9, 2008 Public Hearing January 15, 2008 Approve Plans and Specifications January, 2008 Award Contract February, 2008 Project Completion ................................................................................August, 2008 Final Cost Report September, 2008 Final Assessment Hearing Fall, 2008 First Payment Due with Property Tax Statement ..................................May 15, 2009 Brittany 8th-10`h Addn. a'=e 9 Appendix A -Street Overlay - City Project No. 960 Preliminary Cost Estimate Brittany 8th-10th Additions 1. Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 7350 $1.15 $8,450 Type 2350/ 60 Wear Course Mixture Ton 1700 $45.00 $76,500 Bituminous Material for Tack Coat Gal. 890 $2.00 $1,780 Manhole w/ Casting Each 1 $1,500.00 $1,500 Adjust Water Valve Box - Riser Adjustment Each 18 $175.00 $3,150 Adjust Frame & Ring Casting (Manhole) Each 20 $400.00 $8,000 MH Riser Installation Each 11 $140.00 $1,540.00 Replace Traffic & Street Signs L.S. 1 $3,000.00 $3,000 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $108,420 +5% Contingencies $5,420 Subtotal $113,840 + 30% Indirect Costs $34,150 TOTAL- STREET $147,990 II. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty- Price Cost Remove Concrete Curb and Gutter L.F. 1300 $5.00 $6,500 D412 Concrete Curb and Gutter L.F. 1300 $20.00 $26,000 Adjust Frame & Ring Casting (C.B) Each 6 $300.00 $1,800 Sod w/Topsoil S.Y. 350 $12.00 $4,200 Bituminous Driveway Patching S.Y. 90 $24.00 $2,160 Bituminous Path Patching S.Y. 15 $26.00 $390 Bituminous Street Patching Ton 50 $90.00 $4,500 Truncated Dome Detectable Warning Paver (2x2) S.F. 50 $40.00 $2,000 Brittany 8th-loth Addn. ' l~~i l 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 100 $5.00 $500 Subtotal $48,050 +5% Contingencies $2,400 Subtotal $50,450 + 30% Indirect Costs $15,140 TOTAL - CURB $65,590 Total Proiect Cost $213,580 bg Appendix B - City Project No. 960 Preliminary Assessment Roll Brittany 8th-101h Addition Street Overlay Address P.I.N. Lot Lot Assessment Total Equivalents WINDSOR CT 4856 Windsor Ct 10-15006-120-02 1 $850 $850 4857 Windsor Ct 10-15006-020-02 1 $850 $850 4862 Windsor Ct 10-15006-110-02 1 $850 $850 4863 Windsor Ct 10-15006-030-02 1 $850 $850 4868 Windsor Ct 10-15006=100-02 1 $850 $850 4869 Windsor Ct 10.15006-040-02 1 $850 $850 4874 Windsor Ct 10-15006-090=02 1 $850 $850 4875 Windsor Ct 10-15006-050-02 1 $850 $850 4880 Windsor Ct 10-15006-080.-02 1 $850 $850 4881 Windsor Ct 10-15006-060-02 1 $850 $850 4886 Windsor Ct 10-15006=070-02 1 $850 $850 Subtotal 11 SHERWOOD WAY 1511 Sherwood Way 10-15009-290-01 1 $850 $850 1512 Sherwood Way 10-57665-160-02 1 $850 $850 1516 Sherwood Way 10-57665-170-02 1 $850 $850 1517 Sherwood Way 10-15009-300-01 1 $850 $850 1521 Sherwood Way 10-15009-310-01 1 '$850 $850 1525 Sherwood Way 10-15008-010-03 1 `:-$850 $850 1528 Sherwood Way 10-15007-160-02 1 $850 $850 1529 Sherwood Way 10-.15007-020-01 1 $850. $850 1532 Sherwood Way 10-15007-010-02 1 $850 $850 1533 Sherwood Way 10-15007-010-01 1 $850 $850 1538 Sherwood Way 10-15006=130-02 1 $850 $850 1539 Sherwood Way 10-15006-030-01 1 $850 $850 1543 Sherwood Way 10-15006-020-01 1 $850 $850 Subtotal 13 KNOTTINGHAM CIRCLE 4857 Knottin ham Cir 10-15007-020-02 1 $850 $850 4860 Knottin ham Cir 10-15007.150-02 1 $850 $850 4863 Knottin ham Cir 10-15007-030-02 1 $850 " $850 4864 Knottin ham Cir 10-15007.140-02 1 $850 $850 4867 Knottin ham Cir 10-15007-040-02 1 $850 $850 4868 Knottin ham Cir 10-15007-130-02 1 $850 $850 4871 Knottin ham Cir 10-15007-050-02 1 $850 $850 4872 Knottin ham Cir 10-15007-120-02 1 $850 $850 4875 Knottin ham Cir 10-15007-060-02 1 $850 $850 4876 Knottin ham Cir 10-15007-110-02 1 $850 $850 4879 Knottin ham Cir 10-15007-070-02 1 $850 $850 4880 Knottin ham Cir 10-15007-100-02 1 $850 $850 4883 Knottin ham Cir 10-15007-080-02 1 $850 $850 4884 Knottin ham Cir 10-15007-090-02 1 $850 $850 II Subtotal 14 WELLINGTON COURT 4849 Wellington Ct 10-15008-010-02 1 $850 $850 4852 Wellington Ct 10-15008-060-02 1 $850 $850 4853 Wellington Ct 10-15008-020-02 1 $850 $850 4856 Wellington Ct 10-15008-050-02 1 $850 $850 4857 Wellington Ct 10-15008-030-02 1 $850: $850 4860 Wellington Ct 10-15008-040-02 1 $850 $850 Subtotal 6 WELLINGTON WAY 1510 Wellington Way 10-15008-100-02 1 $850 $850 1511 Wellington Way 10-15008-060-01 1 $850 $850 1514 Wellington Way 10-15008-090-02 1 $850` $850 1515 Wellington Way 10-15008-050-01 1 $850 $850 1518 Wellington Way 10-15008-080-02 1 $850 $850 1519 Wellington Way 10-15008-040-01 1 $850 $850 1520 Wellington Way 10-15008-070-02 1 $850 $850 1523 Wellington Way 10-15008-030-01 1 $850 $850 1527 Wellington Way 10-15008-020-01 1 $850 $850 1531 Wellington Way 10-15008-010-01 1 $850 ' $850 Subtotal 10 COVINGTON LANE 1505 Covington Ln 10-57665-060-02 1 $850 $850 1516 Covington Ln 10-15009-280-01 1 $850 $850 1517 Covington Ln 10-57665-020-01 1 $850 $850 1518 Covington Ln 10-15009-270-01 1 $850 $850 1521 Covington Ln 10-57665-010-01 1 $850 $850 1523 Covington Ln 10-57667-080-03 1 $850 $850 1527 Covington Ln 10-57660-030-01 1 $850 $850 1528 Covington Ln 10-15009-130-01 1 $850 $850 1530 Covington Ln 10-15009-120-01 1 $850 $850 1531 Covington Ln 10-57660-020-01 1 $850 $850 1535 Covington Ln 10-57660-010-01 1 $850 $850 Subtotal 11 '76) LONDON LANE 4755 London Ln 10-15009-140-01 1 $850 $850 4760 London Ln 10-15009-260-01 1 $850 $850 4761 London Ln 10-15009-150-01 1 $850 $850 4766 London Ln 10-15009-250-01 1 $850 $850 4767 London Ln 10-15009-160-01 1 $850 $850 4772 London Ln 10-15009-240-01 1 $850 $850 4773 London Ln 10-15009-170-01 1 $850 $850 4777 London Ln 10-15009-180-01 1 $850 $850 4778 London Ln 10-15009-230-01 1 $850 $850 4781 London Ln 10-15009-190-01 1 $850 $850 4784 London Ln 10-15009-222-01 1 $850 $850 4785 London Ln 10.15009.200-01 1 $850< $850 4789 London Ln 10-15009-211-01 1 $850 $850 Subtotal 13 i WESTMINSTER CIRCLE 4721 Westminster Cir 10-15009-030-01 1 $850 $850 4730 Westminster Cir 10-15009-110-01 1 $850 $850 4733 Westminster Cir 10-15009-040-01 1 $850 $850 4734 Westminster Cir 10-15009-100-01 1 $850 $850 4737 Westminster Cir 10-15009-050-01 1 $850 $850 4744 Westminster Cir 10-15009-090-01 1 $850 $850 4747 Westminster Cir 10-15009-060-01 1 $850 $850 4760 Westminster Cir 10-15009-080-01 1 $850 $850 4761 Westminster Cir 10-15009-070-01 1 $850 $850 Subtotal 9 Grand Total 87 $73,950 ~J Q a oN Po ~3 SILVER BELL RD. WI N°' ■ DEER ° 0 Z x W IFFLEY ROAD DIFFLEY ROAD wo Y w 1 Z o Z Q = z Y ~ U rc M m U- / S.O~P9 Q NQ O lLL < Ca I 0 U ° Z o Y c J o t ¢ O J Z r CLIFF ROAD m v CLIFF ROAD WALDEN HEIGHTS MFR Z PARK Z LU S (5 O 0 G,oa C:1 , co,~~~aE [project Location W o e a 0 o J s Z oe Y APPLE VALLEY 0 a- 10/22/07 Brittany 8th 10th Additions City of Eap Neighborhood Street Revitalization Fig. 1 Engineering Department Location Map - Project 960 v ° ° U 02~ ti 1535 ` 3 ~ 1531 ' 1527 4721 Q-G COL ~ PP55 o I 4733 ya 4730 1530 r 1 n _ 4737 4734 j 1 24 1521 ' 4744 1528 4747 4755 1517 I 4761 4760 4761 P~NFT RFF PASg 4767 1516 I 4773 4760 1505 4777 1518 4766 1511 4781 4772 ° 1517 SHERWOOD WAY 4778 ' 1516 I 4785 1521 4789 1512 L. ME. MEN MEN MEN ME LOW M1 1531 1527 1523 1519 1515 1511 1529 I I 1533 1 1543 1539 528 WELLINGTON WAY 4849 02 1520 SHERWOOD WAY 1532 4860 4853 Zi 1518 'W 1514 1510 1538 4852 857 64 ° 4857 4857 I 4856 - iU 486 868 4856 ' 4863 4862 4872 4860 of Z 4867 4 69 4868 4876 4880 4874 48 5 as71 c,R I 4884 ' 4880 4875 - - t 4661 4666 4879 4883 LEGEND NORTH ASSESSMENT AREA . - STREET IMPROVEMENTS Q PEDESTRIAN RAMP w/TRUNCATED DOMES Brittany 8th-10th Additions City of Evan Neighborhood Street Revitalization Fig. 2 Engineering Department 1 Project 960 - Assessment Area 60' ROW 32' (F-F) 3" BITUMINOUS SURFACE EX. D412 CURB 6" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 32' (F-F) EDGE MILL, (6'-8' wid) Typ. 11/2' WEAR COURSE BITUMINOUS OVERLAY t tr: .T r.. .s. ..a i'1 K psi SA~)Yr#'+:•r REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 10-16-07 Brittany 8th - 10th Additions City of Ea~aIl Neighborhood Street Revitalization Fig.3 Engineering Department YA Project 960 -Typical Sections CITY PROJECT NO 960 INFORMATIONAL NEIGHBORHOOD MEETING BRITTANY 8TH -10TH ADDITION STREET REVITALIZATION WEDNESDAY, JANUARY 9, 2008 6:30 P.M. COUNCIL CHAMBERS Attendance: John Gorder, Assistant City Engineer, 3 residents representing 2 properties (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided project presentation, including details such as construction, costs, schedule and assessments. He also provided information regarding incorrectly placed mailboxes that are at risk for snow plow damage, and rain gardens. B. Questions/ Comments • I am very interested in a rain garden, and wish to be considered for construction in the boulevard area of my yard. City Water Resources staff will contact you to evaluate the appropriateness of rain- garden installation, and City participation if this is a good location. • Our streets were just sealcoated recently. Why is the overlay planned so soon after the sealcoat? The sealcoat was placed in 2005 in an attempt to extend the life of the original pavement, but the streets in the neighborhood have reached an age and condition that warrant the overlay at this time. The meeting adjourned at 7:00 p.m. G:Proj-font/ 960/Minutes NEIGHBORHOOD MEETING lbo Brittany 8th -10th Additions Project No. 960 Wednesday, January 9, 2008 City of f Ea n(In 6:30 p.m. NAME _ ADDRESS _ 3. 4~c~ o loo r~ r c~ cz 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet Agenda Information Memo January 15, 2008 Eagan City Council Meeting B. PROJ 961, BUR OAK HILLS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 961 (Bur Oak Hills - 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 eighteen years, the City has rehabilitated approximately 96 miles of local streets. • The resurfacing of the streets within the Bur Oak Hills neighborhood, located east of Highway 149 and north of Yankee Doodle Road has been programmed for 2008 in the City's 5-Year Capital Improvement Program. • On June 19, 2007, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of these streets. • On December 18, 2007, the feasibility report for Project 961 was presented to the City Council and a Public Hearing was scheduled for January 15 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 9 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 209 total properties (all single-family) proposed to be assessed under this improvement, 1 resident representing 1 property 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 ~ and. f • Neighborhood Meeting Minutes, page 160 _1 D City of Ea an Report for Bur Oak Hills Neighborhood Street Revitalization City Project No. 961 January, 2008 7~ A City of all Mike Maguire January 10, 2008 MAYOR Honorable Mayor and City Council City of Eagan Paul Bakken 3830 Pilot Knob Road Peggy Carlson Eagan, MN 55122 Cyndee Fields Meg Tilley Re: Bur Oak Hills Street Revitalization City Project No. 961 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Bur Oak Hills Street Revitalization, City Project No. 961. 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. MUNICIPAL CENTER Sincerely, 3830 Pilot Knob Road Eagan, MN 55122-1810 ohn P. Gorder, P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FACILITY Minnesota. 3501 Coachman Point Eagan, MN 55122 John P. Gorder 651.675.5300 phone 651.675.5360 fax Date: 9 Dg Reg. No. 22813 651.454.8535 TDD Reviewed By: www.cityofeagan.com - O Dept. of Public/ orks Date: Reviewed BY. E THE LONE OAK TREE Finance Dept Date: ` The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction ...........................................................................................................................................1 Scope .......................................................................................................................................................2 Feasibility and Recommendations ........................................................................................................3 Street Evaluation ...................................................................................................................................3 Proposed Improvements .......................................................................................................................4 Rain Gardens/ Infiltration Areas .........................................................................................................6 Easements/Permits ................................................................................................................................6 Cost Estimate 6 Assessments ...........................................................................................................................................7 Low Density Residential .........................................................................................................7 Assessment Financing Options ............................................................................................................7 Revenue Source .....................................................................................................................................8 Project Schedule ........................................................................:............................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay January 2008 Neighborhood Street Revitalization Bur Oak Hills 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 2.2 miles of 32' wide local residential streets within the Bur Oak Hills neighborhood area are identified for street overlay improvements in 2008. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed in 1988. Based on the data and engineering/ best management practices 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 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the underlying street. Bur Oak Hills 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 in 1995. The Public Works maintenance program typically includes patching and refurbishing during the construction two seasons 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 2.2 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. Bur Oak Hills 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 and reclaiming) 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 (2008 - 2012) 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: PCI j Recommended Improvement 56 -100 j Routine Maintenance/Crack Seal/Seal Coat j 36 - 55 Patch/Repair and/or Overlay 0-35 . Reconstruct The 2007 PCI rankings for the Bur Oak Hills has a neighborhood weighted average pavement condition rating of 43 primarily due to the temporary preparatory maintenance performed by the City in 2006. While the 2008 construction season is the optimal time to construct the bituminous overlay on most of the streets in this neighborhood, Rolling Hills Drive (from Highway 149 to Rolling Hills Court) has reached a condition where the full replacement of the pavement is Bur Oak Hills ~3 Page 3 necessary. The poor condition of this section of Rolling Hills Drive is likely due to the large volume of traffic, and heavy construction traffic on this street early in its life cycle, prior to other street outlets available to the neighborhood. 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. In the street overlay areas, the existing bituminous 1 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. The existing pavement on Rolling Hills Drive, from Highway 149 to Rolling Hills Court, has reached a condition that warrants replacement, and will be recycled as gravel base, with a new 3" layer of bituminous pavement placed over the recycled gravel base. The existing bituminous surface, along with 3" of the gravel base will be recycled (milled and replaced) to a depth of approximately 6". This recycled material will be salvaged and used as a base beneath a new 2'/2- inch base course and a 1-inch wear course bituminous pavement. The new pavement, combined with the recycled material and existing street section, will provide a street section consistent with current City standards for a residential street. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 10% (0.5 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new Bur Oak Hills 8q Page 4 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 two truncated dome pedestrian ramps on the ~yrr bituminous paths intersecting with Rolling Hills Drive from Bur Oaks Park. Bur Oak Hills Page 5 Mailbox Repair- A majority of the WrYnwm Height-481ncnes mailboxes within the Bur Oak Hills above sbeetwm Mdress moat be on side of box ft m l rkh carrW awoames neighborhood have been identified as "at w*~hiiin. (or an the from where boxes ue or«rpeal. risk" of being damaged during winter Front of Will Bo Behind snow and ice operations by the City Street B. of Curb Maintenance Division. These mailboxes are installed too low or close to the curb, or aged and deteriorated so that they may not withstand the impact of the snow from a plow. City staff is communicating to Roam of Paha~l of Extend Forward homeowners through mailing about these r r j'a at Vertical Pod mailbox problems, specifically in the Safety Clear n proposed 2008 street revitalization Zane" neighborhoods. Homeowners with at-risk T Ab% REVISED STANDARD mailboxes will have the option of MAIL $ PAPER BOX PuTE CtlQIEIF INSTALLATION GUIDELINES eras 610 repairing the boxes individually, or by Eng signing a waiver to allow the City to repair and the cost assessed to the property. Because the cooperation of property owners, and therefore City involvement, is uncertain, costs for City repair and special assessment is not included in this report. 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 ~n government. At time of development of neighborhoods such as Bur Oak Hills, 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 Bur Oak Hills Page 6 provide an opportunity to investigate potential added storm water runoff controls. City staff has presented 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 2008 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/ Overlay - Reclaim/ Recycle w/Signage $ 512,720 • Repair Existing Concrete Curb & Gutter $ 126,960 Total Project Cost 63~ 9,680 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. Bur Oak Hills 7 Pate City Special Assessment Policy Assessment Ratio Property City Mill/Overlay - Reclaim w/ Signage • Low Density Residential (R-1,2,3) 50% 50% • Neighborhood Parks 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (209 Total, all single-family) as shown on Figure 2, having 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/ overlay and pavement reclamation 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 $1,200 per Single Family Lot and is calculated as follows: 1) % Low-Density Residential (R1) = 18,537 f.f. / 18,772 (total f.f.) = 97.8% 2) [$512,720 (Mill & Overlay Cost + Signage Cost) x 50% x 97.8%] _ $250,720 [Total Residential Assessment (R-1, 2, 3)] 3) $250,720 (Total Residential Assessment) 4 $1,200 / lot 209 Single Family Residential Lots Parks - The City park property (Bur Oak Park) has direct access on to Rolling Hills Drive and is proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 50% of the street costs are assessable for park properties. The estimated cost per front foot to be assessed based on the City Assessment Policy is $13.60/ Front Foot and is calculated as follows: 1) % Park = 415 f.f. / 18,772 (total f.f.) = 2.2% 2) [$512,720 (Mill & Overlay Cost + Signage Cost) x 50% x 2.2%] = $5,640 [Total Parks] 3) $5,640 (Total Parks Assessment) 4 $13.60/ F.F. 415 F.F Bur Oak Hills 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 6.0% interest for the assessed amounts: Single Family Residential Lot = $1,200 Principal Interest Cost Per Year Per Year Per Year First Year $ 240 $72 $312 Fifth Year $ 240 $14 $254 Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay $512,720 $256,360 $256,360 Repair Existing Curb $126,960 -0- $126,960 Totals $639,680 $256,360 $383,320 The City's Major Street Fund will finance the estimated project deficit of $383,320 (60% of total). Q Bur Oak Hills Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing December 18, 2007 Neighborhood Meeting January 9, 2008 Public Hearing January 15, 2008 Approve Plans and Specifications January, 2008 Award Contract February, 2008 Project Completion August, 2008 Final Cost Report September, 2008 Final Assessment Hearing Fall, 2008 First Payment Due with Property Tax Statement ..................................May 15, 2009 Bur Oak Hills ~m I'ae 10 Appendix A -Street Overlay - City Project No. 961 Preliminary Cost Estimate Bur Oak Hills 1. Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 13,840 $1.15 $15,200 Reclaim Bituminous Pavement/ Aggregate Base (6" Depth) S.Y. 11,500 $5.00 $57,500 Salvage Reclaimed Material C.Y. 800 $5.00 $4,000 Type 2350/ 60 Base Course Mixture (3" - 2 Lifts) Ton 1,940 $43.00 $83,420 Type 2350/ 60 Wear Course Mixture Ton 3800 $45.00 $171,000 Bituminous Material for Tack Coat Gal. 2020 $2.00 $4,040 Manhole w/ Casting Each 1 $1,500.00 $1,500 Adjust Water Valve Box - Riser Adjustment Each 34 $175.00 $5,950 Adjust Frame & Ring Casting (Manhole) Each 44 $400.00 $17,600 MH Riser Installation Each 14 $140.00 $1,960.00 Water Mgal 200 $10.00 $2,000 Street Sweeper Hour 10 $125.00 $1,250 Remove & Replace Street/ Traffic Signs L.S. 1 $5,700.00 $5,700 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $375,620 +5% Contingencies $18,780 Subtotal $394,400 + 30% Indirect Costs $118,320 TOTAL- STREET $512,720 II. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty- Price Cost Remove Concrete Curb and Gutter L.F. 2600 $5.00 $13,000 D412 Concrete Curb and Gutter L.F. 2600 $20.00 $52,000 Remove Concrete Valley Gutter S.Y. 10 $20.00 $200 7" Concrete Valley Gutter S.Y. 10 $50.00 $500 Adjust Frame & Ring Casting (C.B) Each 29 $300.00 $8,700 aI Sod w/Topsoil S.Y. 700 $12.00 $8,400 Bituminous Driveway Patching S.Y. 180 $24.00 $4,320 Bituminous Path Patching S.Y. 15 $26.00 $390 Bituminous Street Patching Ton 50 $90.00 $4,500 Truncated Dome Detectable Warning Paver (2x2) S.F. 20 $40.00 $800 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 40 $5.00 $200 Subtotal $93,010 +5% Contingencies $4,650 Subtotal $97,660 + 30% Indirect Costs $29,300 TOTAL - CURB $126,960 Total Project Cost $6392680 q~ Appendix B - City Project No. 961 Preliminary Assessment Roll Bur Oak Hills Street Improvements Address P.I.N. Lot Unit Total Equivalents Assessment ROLLING HILLS DRIVE 3202 Rollin Hills Dr. 10-15502-020-01 1 $1,200 $1,200 3205 Rolling Hills Dr. 10-15502-010-01 1 3206 Rolling Hills Dr. 10-15501-070-09 1 3209 Rolling Hills Dr. 10-15501-010-10 1 3210 Rolling Hills Dr. 10-15501=060-09 1 3213 Rolling Hills Dr. 10-15501-020-10 1 3214 Rolling Hills Dr. 10-15501-050-09 1 3217 Rolling Hills Dr. 10-15501-030-10. 1 3218 Rolling Hills Dr. 10-15501-040-09 1 3221 Rolling Hills Dr. 10-15501-040-10 1 3230 Rolling Hills Dr. 10-15500.010-05 1 3233 Rolling Hills Dr. 10-15500-010-04 1 3234 Rolling Hills Dr. 10-15500-020-05 1 3237 Rolling Hills Dr. 10-15500-150-04 1 3238 Rolling Hills Dr. 10-15500-030-05 1 3241 Rolling Hills Dr. 10-15500-140-04 1 3242 Rolling Hills Dr. 10.15500-040-05 1 3245 Rolling Hills Dr. 10-15500_-130-04 1 3246 Rolling Hills Dr. 10-15500-050-05 1 3249 Rolling Hills Dr. 10.15500=120-04 1 3250 Rolling Hills Dr. 10-15500-060-05 1 3253 Rolling Hills Dr. 10-15500-110-04 1 3254 Rolling Hills Dr. 10=15500-070-05 1 3257 Rolling Hills Dr. 10-15500-100-04 1 3262 Rolling Hills Dr. 10-15500-080-01 1 3266 Rolling Hills Dr. 10=15501-050-07 1 3270 Rolling Hills Dr. 10-15501.040-07` 1 3274 Rolling Hills Dr. 10-15501-030-07 1 3277 Rolling Hills Dr. 10-15501-010-05 1 3278 Rolling Hills Dr. 10-15501-020-07 1 3282 Rolling Hills Dr. 10-15501-010-07 1 3285 Rolling Hills Dr. 10-15501-020.-05 1 3289 Rolling Hills Dr. 10-15501-030-05 1 3294 Rolling Hills Dr. 10-15501.410-02 1 3298 Rolling Hills Dr. 10-15501-400-02 1 3301 Rolling Hills Dr. 10-15501-040-05 1 3302 Rolling Hills Dr. 10-15501-390-02 1 3306 Rolling Hills Dr. 10-155017380-02 1 3310 Rolling Hills Dr. 10-15501-370-02 1 3314 Rolling Hills Dr. 10-15501-360-02 1 3318 Rolling Hills Dr. 10-15501-350-02 1 3321 Rolling Hills Dr. 10-15501-100-05 1 3322 Rollin Hills Dr. 10-15501-340-02 1 q01~ 3325 Rolling Hills Dr. 10-15501-110-05 1 3326 Rolling Hills Dr. 10-15501-330-02 1 3329 Rolling Hills Dr. 10-15501-120-05 1 3330 Rolling Hills Dr. 10-15501-320-02 1 3333 Rolling Hills Dr. 10-15501-130-05 1 3334 Rolling Hills Dr. 10-15501-310-02 1 3337 Rolling Hills Dr. 10-15501-140-05 1 3338 Rolling Hills Dr. 10-15501-300-02 1 3341 Rolling Hills Dr. 10-15501-150-05 1 3342 Rolling Hills Dr. 10-15501-290-02 1 3345 Rolling Hills Dr. 10-15501-160-05 1 3346 Rolling Hills Dr. 10-15501-280-02 1 3350 Rolling Hills Dr. 10-15501-270-02 1 3354 Rolling Hills Dr. 10-15501-260-02 1 3358 Rolling Hills Dr. 10-15501-250-02 1 3362 Rolling Hills Dr. 10-15501-240-02 1 3365 Rolling Hills Dr. 10-15501-130-04 1 3366 Rolling Hills Dr. 10-15501-230-02 1 3369 Rolling Hills Dr. 10-15501-120-04 1 3370 Rolling Hills Dr. 10-15501-220-02 1 3373 Rolling Hills Dr. 10-15501-110-04 1 3374 Rolling Hills Dr. 10-15501-210-02 1 3377 Rolling Hills Dr. 10-15501-100-04 1 3378 Rolling Hills Dr. 10-15501-200-02 1 3381 Rolling Hills Dr. 10-15501-090-04 1 3382 Rolling Hills Dr. 10-15501-190-02 1 3386 Rolling Hills Dr. 10-15501-180-02 1 3389 Rolling Hills Dr. 10-15501-080-04 1 3390 Rolling Hills Dr. 10-15501-170-02 1 3393 Rolling Hills Dr. 10-15501-070-04 1 3394 Rolling Hills Dr. 10-15501-160-02 1 3397 Rolling Hills Dr. 10-15501-060-04 1 3398 Rolling Hills Dr. 10-15501-150-02 1 3401 Rolling Hills Dr. 10-15501-050-04 1 3405 Rolling Hills Dr. 10-15501-040-04 1 3409 Rolling Hills Dr. 10-15501-030-04 1 3410 Rolling Hills Dr. 10-15501-090-03 1 3413 Rolling Hills Dr. 10-15501-020-04 1 3414 Rolling Hills Dr. 10-15501-080-03 1 3417 Rolling Hills Dr. 10-15501-010.04 1 3418 Rolling Hills Dr. 10-15501-070-03 1 3422 Rolling Hills Dr. 10-15501.060-03 1 3425 Rolling Hills Dr. 10-15501-130-01 1 3426 Rolling Hills Dr. 10-15501-050-03 1 3429 Rolling Hills Dr. 10-15501-120-01 1 3430 Rolling Hills Dr. 10-15501-040-03 1 3433 Rolling Hills Dr. 10-15501-110-01 1 3434 Rolling Hills Dr. 10-15501-030-03 1 3438 Rolling Hills Dr. 1045501-020-03 1 3442 Rolling Hills Dr. 10-15501-010-03 1 3445 Rolling Hills Dr. 10-15501-030-01 1 3449 Rollin Hills Dr. 10-15501-020-01 1 95 3453 Rolling Hills Dr. 10-15501-010-01 1 1 Subtotal 96 HILLSIDE COURT 3239 Hillside Ct. 10-15501-070-01 " 1 $1,200 $1,200 3240 Hillside Ct. 10-15501-080-01 1 3243 Hillside Ct. 10-15501-060-01 1 3244 Hillside Ct. 10-15501-090-01 1 3247 Hillside Ct. 10-15501-050-01 1 f 3248 Hillside Ct. 10-15501-100-01 1 3251 Hillside Ct. 10-15501-040-01 1 Subtotal 7 HILLSIDE DRIVE 625 Hillside Dr. 10-15501-100-03 1 $1,200 $1,200 626 Hillside Dr. 10-15501-140-02 1 629 Hillside Dr. 10-15501-110-03 1 630 Hillside Dr. 10-15501-130-02 1 633 Hillside Dr. 10-15501-120-03 1 634 Hillside Dr. 10-15501-120-02 1 637 Hillside Dr. 10-15501.130-03 1 638 Hillside Dr. 10-15501-110-02 1 641 Hillside Dr. 10-15501-140-03 1 642 Hillside Dr. 10-15501-100-02 1 645 Hillside Dr. 10-15501-150-03 1 646 Hillside Dr. 10-15501-090-02 1 650 Hillside Dr. 10-15501-080-02 1 654 Hillside Dr. 10-15501.070-02 1 657 Hillside Dr. 10-15501-160-03 1 658 Hillside Dr. 10-15501-060-02 1 662 Hillside Dr. 10-15501-050-02 1 665 Hillside Dr. 10-15501-170.03 1 670 Hillside Dr. 10-15501.040-02 1 673 Hillside Dr. 10.15501-180-03 1 674 Hillside Dr. 10-15501-030-02 1 678 Hillside Dr. 10-15501-020-02 1 682 Hillside Dr. 10-155017010-02 1 Subtotal 23 ROLLING HILLS COURT 3314 Rolling Hills Ct. 10-15501-070-05 1 $1,200 $1,200 3315 Rolling Hills Ct. 10-15501-080-05 1 3318 Rolling Hills Ct. 10-15501-060-05 1 3319 Rolling Hills Ct. 10-15501-090-05 1 3322 Rolling Hills Ct. 10-15501-050-05 1 Subtotal 5 ROLLING HILLS - CIRCLE 510 Rolling Hills Cir. 10-15501-420-02 1 $1,200 $1,200 Subtotal 1 ROLLING HILLS PLACE 531 Rolling Hills Pl. 10-15501-010-06 1 $1,200 $1,200 532 Rolling Hills Pl. 10-15501-070-06 1 535 Rolling Hills Pl. 10-15501-020-06 1 536 Rolling Hills Pl. 10-15501-060-06 1 539 Rolling Hills Pl. 10-15501-030-06 1 540 Rolling Hills Pl. 10-15501-050-06 1 544 Rolling Hills Pl. 10-15501-040-06 1 Subtotal 7 77TH STREET WEST 508 77`h St. W. 10-15500-060-01 1 $1,200 $1,200 512 77`h St. W. 10-15500-070-01 1 517 77`h St. W. 10-15500-080-05 1 526 77`h St. W. 10-15500-220-02 1 530 77`h St. W. 10-15500-210-02 1 533 77`h St. W. 10-15500-090-04 1 534 77`h St. W. 10-15500-200-02 1 537 77`h St. W. 10-15500-.080-04 1 542 77`h St. W. 10-15500-140-02 1 545 77`h St. W. 10-15500-030-02 1 546 77`h St. W. 10-15500=130-02 1 549 77`h St. W. 10-15500=040-02 1 550 77`h St. W. 10-15500-120-02 1 553 77`h St. W. 10-15500-050-02 1 554 77`h St. W. 10-15500-110-02 1 55777 th St. W. 10-15500-060-02 1 558 77`h St. W. 10-15500-100-02 1 561 77`h St. W. 10-15500-070-02 1 562 77`h St. W. 10-1`5500-090-02 1 565 77`h St. W. 10-15500-080-02 1 Subtotal 20 BLACK OAK DRIVE 3224 Black Oak Dr. 10-15503-010-01 1 $1,200 $1,200 3226 Black Oak Dr. 10-15501-070-08 1 3230 Black Oak Dr. 10-15501-060-08 1 3231 Black Oak Dr. 10-15501-010-11 1 3234 Black Oak Dr. 10-15501-050-08 1 3235 Black Oak Dr. 10-15501-020-11 1 3238 Black Oak Dr. 10-15501-040-08 1 3239 Black Oak Dr. 10-15501-030-11 1 3242 Black Oak Dr. 10-15501-030-08 1 3243 Black Oak Dr. 10-15501-040-11 1 3246 Black Oak Dr. 10-15501-020-08 1 3247 Black Oak Dr. 10-15501-050-11 1 3250 Black Oak Dr. 10-15501-010-08 1 3251 Black Oak Dr. 10-.15501-060-11 1 3254 Black Oak Dr. 10-15500-010-06 1 3255 Black Oak Dr. 10-15500-090-05 1 3262 Black Oak Dr. 10-15500-010-01 1 3266 Black Oak Dr. 10-15500-020-01 1 3269 Black Oak Dr. 10-15500-050-01 1 3270 Black Oak Dr. 10-15500-030-01 1 3273 Black Oak Dr. 10-15500-040-01 1 Subtotal 21 RED OAK DRIVE 3187 Red Oak Dr. 10-15501-010-09 1 .$1,200 $1,200 3191 Red Oak Dr. 10-15501-020709 1 3195 Red Oak Dr. 10-15501-030-09 1 3199 Red Oak Dr. 10-15500-130-03 1 3203 Red Oak Dr. 10.-15500-120-03 1 3206 Red Oak Dr. 10-15500-020-04 1 3207 Red Oak Dr. 10-15500-110-03 1 3210 Red Oak Dr. 10-15500-030-04 1 3211 Red Oak Dr. 10-15500-100-03 1 3214 Red Oak Dr. 10-15500-040-04 1 3217 Red Oak Dr. 10-15500-020-03 1 3218 Red Oak Dr. 10-15500-050-04 1 3221 Red Oak Dr. 10-15500-010-03 1 3222 Red Oak Dr. 10-15500-060-04 1 3225 Red Oak Dr. 10-15500-010-02 1 3226 Red Oak Dr. 10-15500-070-04 1 3229 Red Oak Dr. 10-15500-020-02 1 3242 Red Oak Dr. 10-15500-190-02 1 3243 Red Oak Dr. 10-15500-150-02 1 3246 Red Oak Dr. 10-15500-180.02 1 3247 Red Oak Dr. 10.15500-160-02 1 3250 Red Oak Dr. 10-15500.170-02 1 Subtotal 22 RED OAK COURT 544 Red Oak Ct. 10-15500-030-03 1 $1,200 $1,200 545 Red Oak Ct. 10-15500-090-03 1 548 Red Oak Ct. 10-15500-040-03 1 549 Red Oak Ct. 10-15500-080-03 1 552 Red Oak Ct. 10-15500-050-03 1 553 Red Oak Ct. 10-15500-070-03 1 556 Red Oak Ct. 10-15500-060-03 1 Subtotal 7 Totals - Residential 209 $250,720 BUR OAK PARK Outlot 10-15500-030-00 $5,640 Grand Total $256,360 9(~ Q MENDOTA HEIGHTS I - 494 0 8 l ~ a T R NkAf yN o, [2 SS i V ti ry ss ~ I ~ to Project Location LONE OAK ROAD a w T RuNK HwY No. 55 ~ A ROL, G DR. YANKEE DOODLE ROAD I w Q ¢ ~GZ < F- Z _ LU Z 9m I X LLJ ao J WESCOTT ROAD CITY HALL HALL QO ~O f _ ~O I / r~VJ l . 3 ;:\Project & Contract Information\0961-BurrOokHills,\feasibility Report\Location Plan 11/19/07 Akh- Bur Oak Hills IT, City of Eap Neighborhood Street Revitalization Fig. 1 Engineering Department 7 Location Map - Project 961 E TTT -L/- 1 3205 3202 CHAPEL LANE 061 3209 3213 10 321 14 1 21 U) 553 [554411 545 3207 3203 3199 3195 3191 3187 1 r^ S LJ V 32224 1 VLLI 1 1 RED OqK 3 31 1 CT }n, 3 LLI 552 v ~ 37 235 341 0 3243 to 548 1 59A 3210 ~ 3234 p 3241 3238 x 1 '23 ^ 324 U 3244 \ 1 3214 2 42 V W \ 421 3453 3449 3445 3251 y 3218 324 J 42 324 3433 \ j 24 w 1 LLI = 48 29 R 24 3246 246 i 565 561 557 553 322 1 1 549 O 3250 3438 NG' Gj~ 545 w 5173255 3442 3434 ACC 13 562 ¢ 537 533 3 7 3254 254 1 67 673 3430 R..:: 0 Q y~ th. 665 3426 d S? w 2 1 674 3422 1g - 09 1 14 10 05 558 554 550 670 657 645 641 637 633 629 25 7~.:• 0„L 32 542 5 3262 512 1 `882 f:_. 1 "r 631 69 1 HILLSIDE DR. 97 3242 535 658 3270 ?V 70 3273 4 654 650 646 642 638 634 630 626 9 393 3247 3250 3246 539 4Lp1,1 3274 3394 1{1~ 532 3278 m , 389 544 536 m L 1 3390 381 540 3277 3282 Z ` •t'.•:1 3377 3314 1R, 3373 \ 1315 328 egg ROLLING. 3369 3385 33190 ~F 18 328 HILLS 3362 C7 510 3345 3341 3337 3333 3329 3325 3321 'J 330 3294 I 3374 O 3322 ~ 3370 3368 - 3362 3358 3354 3298 1 3350 3346 3342 3338 3334 3330 3326 3322 3C3~183~ 3314 3310 33 3302 I YANKEE DOODLE ROAD I ( LEGEND ASSESSMENT AREA NORTH STREET OVERLAY STREET RECYCLE/ RECLAIM PEDESTRIAN RAMP w/ TRIJNCATED DOMES 11-20-07 1wk Bur Oak Hills City of Eon Neighborhood Street Revitalization Fig. 2 Engineering Department ~O Project 961 - Assessment Area 60' ROW 32' (F-F 3" BITUMINOUS SURFACE EX. D412 CURB 6" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 32' F-F MIN. 0.03/FT. REPLACE EX. CURB & GUTTER AS NECESSARY 1" BITUMINOUS WEAR 2" BITUMINOUS BASE RECYCLE EX. 3" BIT. SURFACE & 3"- 4* AGGREGATE BASE FOR USE AS NEW GRAVEL BASE (RESHAPE AS NECESSARY, REMOVE EXCESS ) Bituminous Street Improvements - Reclaim / Recycle Proposed Typical Section - Rolling Hills Dr. (Hwy. 149 to Rolling Hills Ct.) 60' ROW 32' F-F EDGE MILL (6'-8' wide) Typ. 11/2• WEAR COURSE BITUMINOUS OVERLAY ~~t7.~ Y. ~aM._,•.V ~:srr•;v''C`~~7ssi~.iii •~r REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 1-07-08 Bur Oak Hills 4~'City Of ~~~~Il Neighborhood Street Revitalization Fig.3 Engineering Department '39 Project 961 -Typical Sections CITY PROJECT NO 961 INFORMATIONAL NEIGHBORHOOD MEETING BUR OAK HILLS STREET REVITALIZATION WEDNESDAY, JANUARY 9, 2008 7:30 P.M. COUNCIL CHAMBERS Attendance: John Gorder, Assistant City Engineer, 1 residents representing 1 property (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the resident. The resident is a public works employee of Inver Grove Heights aware of the planned construction, and declined presentation of the project details. He had some specific items he wished to discuss. B. Questions/ Comments • I am interested in a rain garden, and wish to be considered for construction in the boulevard area of my yard. City Water Resources staff will contact you to evaluate the appropriateness of rain garden installation, and City participation if this is a good location. There is buckled pavement at the corner of Rolling Hills Drive and Rolling Hills Circle. This project will address any existing pavement repair necessary before the overlay is placed. The pavement section will be removed and replaced, as necessary. The meeting adjourned at 7:45 p.m. GTroj-Copt/ 961/Minutes /b b NEIGHBORHOOD MEETING lbo Bur Oak Hills Addition Project No. 961 ity Wednesday, January 9, 2008 Cof Ea~d l 7:30 p.m. NAME ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet / Agenda Information Memo January 15, 2008 Eagan City Council Meeting C. PROJ 962, CLIFF DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 962 (Cliff Drive - 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 eighteen years, the City has rehabilitated approximately 96 miles of local streets. • The resurfacing of Cliff Drive, located between Nicols Road and Cliff Road in southwest Eagan, has been programmed for 2008 in the City's 5-Year Capital Improvement Program. • On June 19, 2007, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of these streets. • On December 18, 2007, the feasibility report for Project 962 was presented to the City Council and a Public Hearing was scheduled for January 15 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on January 9 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 9 total properties (all commercial/ industrial) proposed to be assessed under this improvement, no one 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: 1tq • Feasibility Report, pages- nd. ~aa City of Ea an Report for Cliff Drive Neighborhood Street Revitalization City Project No. 962 January, 2008 l03 City of all Mike Maguire January 10, 2008 MAYOR Honorable Mayor and City Council City of Eagan Paul Bakken 3830 Pilot Knob Road Peggy Carlson Eagan, MN 55122 Cyndee Fields Re: Cliff Drive Street Revitalization Meg Tilley City Project No. 962 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Cliff Drive Street Revitalization, City Project No. 962. 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. MUNICIPAL CENTER Sincerely, 3830 Pilot Knob Road '7fA' Eagan, MN 55122-1810 khn P. l t Gorder P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FACILITY Minnesota. 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone John P. Gorder 651.675.5360 fax Date: 1- 10- 08 Reg. No. 22813 651.454.8535 TDD Reviewed By: www.cityofeagan.com Dept. of Public Wor Date: Reviewed By: THELONEOAKTREE Finance Dept r Date: 1 (D ' U The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction ...........................................................................................................................................1 Scope .......................................................................................................................................................2 Feasibility and Recommendations ........................................................................................................3 Street Evaluation ...................................................................................................................................3 Proposed Improvements .......................................................................................................................4 Rain Gardens/ Infiltration Areas .........................................................................................................6 Easements/Permits ................................................................................................................................6 Cost Estimate 6 Assessments ...........................................................................................................................................7 Commercial/ Industrial ............................................................................................................7 Driveway Replacement ..........................................................................................................7 Assessment Financing Options ............................................................................................................7 Revenue Source .....................................................................................................................................8 Project Schedule .....................................................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay l~S January 2008 Neighborhood Street Revitalization Cliff Drive 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 0.2 miles of 36' wide Cliff Drive, from Nicols Road to Cliff Road, is identified for street overlay improvements in 2008. Figure 1, located in Appendix C, illustrates the project location. The street was constructed in 1984. Based on the data and engineering/ best management strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying the roadway located within the project area, which is 24 years old, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the underlying street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavement. The street in the neighborhood was seal coated various times between 1990 and 2002. Cliff Drive Op (arc The Public Works maintenance program typically includes patching and refurbishing during the construction two seasons prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the street under consideration, 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 1,000 feet of Cliff Drive. 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, concrete entrance aprons, street signage, and pedestrian ramps. Cliff Drive Jb7 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 this street. 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 (2008 - 2012) 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 conjunction with other similar projects within the City. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0-35 Reconstruct The 2007 PCI ranking for the Cliff Drive has an average pavement condition rating of 38 which falls in the lower rankings of the "Patch/Repair and/or Overlay" category. Therefore, with this rating and the age of the street, the 2008 construction season is the critical time to construct the bituminous overlay on Cliff Drive. Cliff Drive V Page 3 Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section consists of 4.5 bituminous pavement supported by 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 %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. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 10% 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 property owners are encouraged to consistently water the new sod to help ensure its growth. 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. Cliff Drive I D~ Page 4 Sidewalk/ Path Pedestrian Ramps - Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are 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 Cliff Drive - where it intersects at Nicols Road and Cliff Road. The existing sidewalk along the north and east sides of Cliff Drive is in good condition and will require only minor repairs under this project. Driveway Replacement - While some of the properties along Cliff Drive have concrete driveway aprons consistent with current City standards, some properties were constructed with bituminous driveway entrances and are proposed to be replaced. The entrances will be reconstructed with 7-thick concrete entrance aprons in accordance with Eagan Standard Detail 440. 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. Cliff Drive 116 Page 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 2008 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 $ 38,820 • Repair Existing Concrete Curb & Gutter $ 11,820 • Concrete Entrance Replacement $ 26,750 Total Project Cost 7$ 7,390 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 • Commercial/ Industrial 100% 0% Concrete Entrance Replacement 100% 0% Repair Existing Concrete Curb and Gutter 0% 100% Cliff Drive I ~ ~ 1'at:e 6 Street Improvements - All commercial and industrial lots as shown on Figure 2, having driveway access on to Cliff Drive are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial/ industrial streets, regardless of width. The estimated cost per adjacent lot area (net) to be assessed based on the City Assessment Policy is $3,235/ acre and is calculated as follows: 1) % Commercial/Industrial Assessable = 100% 2) [$38,820 (Mill & Overlay Cost) x 100%o x 100%] =$38,820 (Total Commercial/ Industrial Assessment) 3) $38 8,820 (Commercial/Industrial Assessment) $3,235/ acre 12.0 Net Acres Commercial/Industrial 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 in accordance with current City standards. The estimated cost of driveway replacement is approximately $96 S.Y. replaced. 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 6.0% interest for the assessed amounts: - Interest Cost Principal Per Year Per Year Per Year First Year $1,000 $550 $1,550 Tenth Year $1,000 $55 $1,055 - Cliff Drive 1 Page 7 ~F~ Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay $38,820 $38,820 -0- Repair Existing Curb $11,820 -0- $11,820 Concrete Entrances $26,750 $26,750 -0- Totals $77,390 $65,570 $11,820 The City's Major Street Fund will finance the estimated project deficit of $11,820 (15% of total). Project Schedule Present Feasibility Report to City Council/ Order Public Hearing December 18, 2007 Informational Meeting January 9, 2008 Public Hearing January 15, 2008 Approve Plans and Specifications January, 2008 Award Contract February, 2008 Project Completion August, 2008 Final Cost Report September, 2008 Final Assessment Hearing Fall, 2008 First Payment Due with Property Tax Statement ..................................May 15, 2009 Cliff Drive Appendix A -Street Overlay - City Project No. 962 Preliminary Cost Estimate Cliff Drive 1. Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 1,330 $1.15 $1,530 Type 2350/ 60 Wear Course Mixture Ton 400 $45.00 $18,000 Bituminous Material for Tack Coat Gal. 170 $2.00 $340 Adjust Water Valve Box - Riser Adjustment Each 1 $180.00 $180 Repair Valve To Section w/ cover Each 2 $275.00 $550 Adjust Frame & Ring Casting (Manhole) Each 7 $400.00 $2,800 MH Riser Installation Each 1 $140.00 $140.00 Traffic Control L.S. 1 $2,000.00 $2,000 Replace Traffic & Street Signs L.S. 1 $400.00 $400 Subtotal $28,440 +5% Contingencies $1,420 Subtotal $29,860 + 30% Indirect Costs $8,960 TOTAL - STREET $38,820 II. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty. Price Cost Remove Concrete Curb and Gutter L.F. 200 $5.00 $1,000 B618 Concrete Curb and Gutter L.F. 200 $15.00 $3,000 Adjust Frame & Ring Casting (C.B) Each 7 $300.00 $2,100.00 Sod w/Topsoil S.Y. 60 $12.00 $720.00 Bituminous Street Patching Ton 5 $90.00 $450.00 Bituminous Path Patching S.Y. 15 $26.00 $390.00 Truncated Dome Detectable Warning Paver (2x2) S.F. 20 $40.00 $800 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 40 $5.00 $200.00 Subtotal $8,660 +5% $430 Ili Contingencies Subtotal $9,090 + 30% Indirect Costs $2,730 TOTAL - CURB $11,820 III. Driveway Entrance Replacement Est. Unit Est. Item Unit Qty- Price Cost Driveway Entrance Replacement S.Y. 280 $70.00 $19,600 Subtotal $19,600 + 5% Contingencies $980 Subtotal $20,580 + 30% Indirect Costs $6,170 Total - Entrances $26,750 Total Proiect Cost $77,390 1S~ Appendix B Preliminary Assessment Roll Cliff Drive Street Overlay City Project No. 962 Net Area Rate/ Street D/W COMMERCIAL/ P.I.N. (Acres) Acre Overlay D/W Rate D/W Total INDUSTRIAL Assmt SY SY Assmt Assmt Cedar Cliff Commercial Park 2121 Cliff Drive 10-16620-010-01 2.2 $3,235 $7,120 90 $96 $8,600 $15,720 2105 Cliff Road 10-16623-010-01 1.8 $3,235 $5,820 $5,820 4565 Scott Trail 10-16622-010-01 0.9 $3,235 $2,910 55 $96 $5,250 $8,160 2109 Cliff Road 10-16620-020-02 0.4 $3,235 $1,290 $1,290 2125 Cliff Road 10-16620-010-02 4.3 $3,235 $13,910 135 $96 $12,900 $26,810 2113 Cliff Drive 10-16624-001-05 0.6* $3,235 $1,940 $1,940 2115 Cliff Drive 10-16624-002-05 0.6* $3,235 $1,940 $1,940 2117 Cliff Drive 10-16624-003-05 0.6* $3,235 $1,940 $1,940 2119 Cliff Drive 10-16624-004-05 0.6* $3,235 $1,940 $1,940 Subtotal 12.0 $38,820 280 $26,750 $65,570 * 2.4 Acre Total Lot Area/ 4 Property Addresses = 0.6 acre each address I1~ o c L LJV 1 L aN so SILVER RD. CITY HALL s 3~- o P~ DEERWOOD A' Z Z x IFFLEY ROAD DIFFLEY ROAD Y I ~ g Project Location m LL SHALE LN. SAO Q Q O W t~ ROgD O U 3 Y 4 CLIFF O CL A CLIFF ROAD m CLIFF ROAD WALDEN HEIGHTS O PAW Q O Df O AJyv Z ~~5~ ENE O COVINGTON LU IX Q U Q Z W S p O r 1 J APPLE VALLEY I G:\Project do Contract Information\0962-Cliff Dr\Feasibili Report\locotion map.dw 9/10/07 Cliff Drive City of Evan Neighborhood Street Revitalization Fig. 1 Engineering Department 111 Location Map - Project 962 Q~~\ 0 El 11 El -N - - - L 2.2 Acres p EDAR CUF 2117 \~j ARK 1 ADDIT OCOMMERC/q 2.4 Acres \ i CIC NO.480 CEDAR ~l\\ ` ✓ CLIFF OFFICES AC \s✓ 0 2121 2119 ~9P • • 1 ~ CLIFF DRIVE °2'F,p~ 4565 ~ • • • 9l MERCIAL Z CEDAR ARtC 3 dLADD O ' 0.9 Acres ~ ' pflERC1AL ' 2125 CEDAR TVA ADD,-TON 2 1 4.3 Acres P 2105 J ERR CUFF • KAODIT/pN MMERCIqL 2109 o 0.4 Acres 1.8 Acres U CLIFF ROAD LEGEND ASSESSMENT AREA - STREET IMPROVEMENTS • CONCRETE DRIVEWAY ENTRANCE REPLACEMENT PEDESTRIAN RAMP \Proect & Contract Information\0962-Cliff Dr\Feasibili Re ort\location map.dw 11/25/07 Cliff Drive City of Eap Neighborhood Street Revitalization Fig. 2 Engineering Department 3 Assessment Area - Project 962 60' ROW 36' F-F BITUMINOUS SURFACE EX. 8618 CURB CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 36' (F-F) low EDGE MILL (6'-8' wide) Typ. F11/2" WEAR COURSE BITUMINOUS OVERLAY 2350 / 60 REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT BITUMINOUS SURFACE CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 11-13-06 Cliff Drive City of Eano Neighborhood Street Revitalization Fig.3 Engineering Department Project 962 - Typical Section Agenda Information Memo January 15, 2008, Eagan City Council Meeting D. VARIANCE - DAVID MARSH (1374 BERRY RIDGE ROAD) ACTIONS TO BE CONSIDERED: To approve a Variance of 5 feet to the required 30-foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge Road in the SW 1/4 of Section 22. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is located on the southwest corner of Berry Ridge Road and Hilltop Lane. ➢ The property contains an existing single-family home with an attached three-stall garage which was constructed in 1990. ➢ The proposed addition will be located on the east side of the house and will extend 15 feet the east. ➢ Because Berry Ridge Road curves to the south on the east end of the lot, the addition will encroach 5 feet into the required 30-foot setback. ➢ Lot coverage and other yard setback requirements are satisfied. ➢ The applicant's stated hardship is the lot configuration, because it is a corner lot with two street frontages, and the northerly lot line is curved. ➢ The lot configuration does present a practical difficulty for the front setback and is unique to this property. ➢ The requested Variance appears to be a minimal request to alleviate the stated hardship' ➢ It does not appear that granting the Variance would result in detrimental effects to neighboring properties or the public. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: February 19, 2008 ATTACHMENTS (1): Planning Report on pageiatthrough PLANNING REPORT CITY OF EAGAN REPORT DATE: January 11, 2008 CASE: 22-VA-14-12-07 APPLICANT: David Marsh HEARING DATE: January 15, 2008 PROPERTY OWNER: Tanya Kuznar APPLICATION DATE: Dec. 21, 2007 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 1374 Berry Ridge Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant, David Marsh, on behalf of the property owner, is requesting approval of a 5 feet Variance to the required structure setback of 30 feet from a public street for property located at 1374 Berry Ridge Road, legally described as Lot 4, Block 1, Berry Ridge Addition, in the SW 1/4 of Section 22. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. 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. lal Planning Report - 1374 Berry Ridge Road January 15, 2008 Page 2 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. CODE REQUIREMENTS Section 11.60, Subdivision E requires a minimum structure setback of 30 feet from a public right-of-way in the R-I zoning district. BACKGROUND/HISTORY Berry Ridge Addition was platted in 1989 and the house was constructed in 1990. The home has an attached three-stall garage. EXISTING CONDITIONS The lot is 12,009 s.f. in area. It is a corner lot with street frontage on two sides - Hilltop Lane to the west and Berry Ridge Road to the north. The minimum 30-foot setback applies to both of these frontages. Berry Ridge Road curves to the south such that the easterly end of the lot has a depth of 59 feet, whereas the westerly end has a depth of 137 feet. The west side of the home is set at the minimum 30-foot setback from Hilltop Lane. The existing house is set parallel to the south lot line. The garage portion of the structure is set forward and the house is stepped back to accommodate the curve in the right-of-way while maintaining the minimum 30-foot setback for both the garage and house portions of the building. EVALUATION OF REQUEST Proposal - The applicant is proposing to construct a 15' x 24' addition to the east end of the existing house, with a 5' x 3' "doghouse" for a future fireplace, resulting in an additional 387 sq. ft. According to the applicant, the proposed addition will allow the owners to remain in their current home and within the community. The minimum 10-foot side and 15-foot rear yard setbacks are satisfied. The northeast corner of the proposed addition will encroach approximately 5 feet into the Berry Ridge Road right-of- way. Thus, a Variance of 5 feet to the 30-foot minimum structure setback from a public right- of-way is requested. Planning Report - 1374 Berry Ridge Road January 15, 2008 Page 3 Existing building coverage is 14.6%, and proposed building coverage is 17.8%. This complies with the 20% maximum in an R-1 zoning district. The applicant submitted a photo of the existing home, with the proposed addition sketched in to showing the roof line and architectural treatment of the addition. This plan indicates the proposed addition will result in a coherent appearance that is architecturally compatible with the existing structure. The exterior materials should match the existing materials on the principal structure. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. The two street frontages and odd lot configuration are conditions unique to this property. Both conditions restrict the buildable area of the lot, and the curvature of the Berry Ridge Road right-of-way limits the depth of the east end of the lot. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 387 square foot addition. The lot configuration is such that the front lot line is curved, presenting a practical difficulty for the front setback. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others on this street and would have the same opportunity for use of the property without relief from the Zoning Ordinance. The owner is proposing to reinvest in and update their home. The requested Variance appears to be a minimal request to accommodate an expansion of the existing home. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's stated hardship is the lot configuration because the lot is situated on a curve, and is a corner lot with two street frontages. The applicant's narrative states that the placement of the existing house parallel to the south lot line makes it difficult to meet the required setbacks, and I Planning Report - 1374 Berry Ridge Road January 15, 2008 Page 4 that if the existing house were oriented differently on the lot, the addition could more easily be accommodated within the required setbacks. SUMMARY/CONCLUSION The owner is proposing to reinvest in and update their home. The 5' Variance to the required 30' front yard setback will allow an addition to the house at 1374 Berry Ridge Road. A 17-year old single-family home with a three-stall attached garage is present on the site. The applicant has stated that the hardship is that the lot is a corner lot with two street frontages, and that northerly lot line is curved, which creates a practical difficulty for meeting the front setback. The elevation plan indicates the proposed addition will be architecturally compatible with the existing structure. ACTION TO BE CONSIDERED To approve a Variance of 5 feet to the required structure setback of 30 feet from a public street for property located at 1374 Berry Ridge Road, legally described as Lot 4, Block 1, Berry Ridge Addition, in the SW I/4 of Section 22. 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. The addition shall comply with all other applicable Zoning Ordinance provisions. 3. A building permit must be obtained prior to construction. 4. The exterior materials of the proposed addition shall match the existing structure. ~ a~- Eagan Boundary Right-of-way Location Map Parcel Area Park Area ® Building Footprint f a 40 a t ® r s os ! w o - it . ' ® ■ ..an u. ~ f + ■ r i r ~ ~b S g ® 'Noy A :Lee " anti r Subject Site 1 ~ e s g r S Y G kial 111 ~ W ~ r ~ ` ~ • /S C.a.A.IL NO. 30 (DIFFLEY ROAD) ~ C.a.A.N. NO. >p (DIFL[Y ROAD) ROAD r. J ■ ° 4! o . 1~ R ® - a ' D.f1.l uae ® ! i 1 Z.- IN I o 1 ! I 1~ ■ a a J .®Fr ♦ i ® i ° ♦ ! ® 1 si 4w 4w ® e ® ® 1 1... 5 lm a ~ e~ ■ 1 r 1 ° ° ° ■ 6 .tea ar ■ . 1 t 7 F o % 1000 0 1000 2000 Feet lool Development/Developer. 1374 Berry Ridge Road Application: Variance Case No.: 22-VA-14-12-07 N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w+& The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S community DRValopment DopartmRnt not responsible for errors or omissions. y r k • ~ ti~S ~ yak+~6.. 9 d_ 41 -i r i a i IL , e two i Y L5 i 4u '~jY )Y •F PREPARED FOR: Valley Surveying Co-, PA. C. PROPERTIES FRANKIL N TRAIL5OFF1CENCONDOMINIUM -RANKLIN TRAIL S.E. PRIOR LAKE, MINNESOTA 55372 AKE, MN 55372 TELEPHONE (612) 447-2570 447-32.41 SAN MH \ RIM 913.99 \ INV. 904. 80 p e~RRk O \ r. c. EL., 7 ,Q 919.82 S L~ " / /O^ I o V ` 91747; \ / ~ 1fJf.l2 A~ T.C:EL. Gt DRIVE I Q tsC) y 903.17 G M I i I I/ \ ♦~F Q ~ CD ~ 915.8 I / \ IS, J N 918.2.1 SAN MN o I ~12 22~ /f \ R SIt P. O Rim 902. go INV. 891. 1! m m GARAGE N I B tg1L7 Q~30. ae 12 L913. ie.9 4 z 917. 1 \ Ei A 111 Houst. Q \ N I n c ~ \\',1 I n n MOUSE ~ I1 Ir X ~ a I N N •j, ~ -P m Top --2.lB- 1 4O 3 ~T., Iron ^ EL. 9 1.4T 4 • - 916.2 915.6 911.0 EL. 9072! ~ -T 'ADD rT/ON IN 1 10 ! [ r 922.17 T.C. EL. 922 22 22 1[ 908.1 S89° 38`21" E 60 Sir g° I so# r 3`0 } /O' l e - ~-f-- E GA 4 'ENGINEERING DEPT DESCRIPTION: Lot 4,Block 1, BERRY RIDGE, ADDITION, Dakota County, Minnesota. Also showing the location of the proposed house as staked this 11th day of May, 1990. S ITE PLA N 1a~7 F-X/ST j NG kxfs€.• 40'-5" u p ~ O 3' f j O a - Naks~ f~ DO o, a 25-5 10'•5. m Iti n ^ 29'-„ ~r P. t'"'1.: Q `F I ~ 7M +Cs a'-o. 13.-2. 1A tv,,Jlkev STU;~='e: Y-,?4u!Gde o ~X15TIA1C7 G4,066 i Slap ~ c i C'rL RECEIVED DEC 2 12007 I~~ 4 ' ~ " ~~~BS$D ViE1tJ " Y l~'.>.~ it - jam' R4 r' r ;y. r y l"3't ~'v~ x ri t'~ t e t r~ F. Y, Lf , ;~;"-1 r tla ~'.~:,-}A~ '"a~ 4'.y -~}k ~ ~ ~ r- ~ _ 1~~• ~ < ~ 3 Z C...;i )Z ~ ~y~ C~2 y~'~L~ ire J:', 1t t t ~ - Sµ e r far z i ? + ~µM . M ^~*r lm - ~••C t,u ~~..i.+r* _ x T• +r ni is4t4yy :r` r4 CGT LTD 8373208 th ST. W Lakeville, MN 55044 Proposed project outline for AI & Tonya Kuznar. 1374 Berry Ridge Road Eagan, MN 1. Proposed project consist of building a 15'x24' addition to the current house. a. The proposed addition will be a match in design to the current house. b. The proposed addition would have a 25' set back from the rite of way. c. Project time line -Jan,08 to approx Mar-08. 2. The current property is zoned D-1 3. No changes needed to zoning for the variance request. 4. The current 660' diameter of the proposed project has the following zoning in the area. a. D-1 b. D-3 c. PF d. NB. 5. The plot survey is not an as built but a proposed based on the original build out. 6. Berry ridge road is 34' wide. 7. Hill top lane road is 34' wide. Hardship outline: a. The lot is odd shaped b. Berry Ridge Road curves inward at the edge of property. c. Corner lot, Hilltop on the west and Berry Ridge on the north. d. House set square to the back lot line; if the house was set more to the north east, set back requirements would not be an issue. e. The proposed addition would fit nicely in the current neighborhood with out being out of place due to a number of other houses that do not meet the current set back requirements. f. The two houses across the street are examples of set back situations that currently do not meet the city requirements. Set backs of 27' and 17' (see photos) We respectfully request that the variance be granted, Mr. and Mrs. Kuznar and family truly enjoy living in Eagan and find that adding this addition will allow them to stay in there current home and be able to grow with in the community. RECEIVED DEC 2 1 20071 Agenda Memo January 15, 2008 VI. 2008 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS Each calendar year, Organizational Business is considered at the second regular City Council meeting in January. The items that require action of the City Council include: A. Acting Mayor B. Official Legal Newspaper C. City Council Meeting Dates D. City Council Meeting Procedures E. Standing Committee Appointments / Representative Appointments F. Elected Officials Out-of-State Travel Policy ACTING MAYOR A. Acting Mayor - There is a statutory requirement that a member of the City Council be appointed as Acting Mayor. All Councilmembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Maguire at Council meetings and all other activities pertaining to the City of Eagan. Councilmember Meg Tilley was Acting Mayor in 2007. REQUESTED ACTION: The Mayor is asked to appoint a member of the City Council as acting mayor, which must be ratified by the City Council. OFFICIAL LEGAL NEWSPAPER B. Official Legal Newspaper - There is a statutory requirement to designate a legal newspaper as the official newspaper for the City. The City can only designate a legal newspaper of general circulation in the City as its official newspaper for publication of items required by law, and other matters that the Council deems advisable and in the public interest to be published. The City has received proposals from This Week / Dakota County Tribune, Inc. and Sun Newspapers. An actual cost comparison is difficult because of different type sizes, characters per line and lines per inch. The cost difference is not a significant factor in total. Currently, Thisweek Newspaper is the designated official legal newspaper and a lift rate into the Dakota County Tribune is offered. Deadlines for publication and publication dates match up much better with City activity with the Eagan Thisweek. Any agenda published in the Sun Current would need to be submitted to the paper more than one week in advance of the meeting and would be incomplete and may change between publication and the meeting. Tribune This Week Sun Current Legal Notices Deadline Tues Noon Weds 4 pm Thurs 2 pm Publication Thursday Saturday Wednesday f-31 Tribune This Week Sun Current Ayzendas Deadline Tues Noon Wed 4 pm Wed 5 pm Publication Thursday Saturday Wednesday Proposals are attached on pages through L33 REQUESTED ACTION: Approve retention of Thisweek Newspaper as the City of Eagan's official legal newspaper. CITY COUNCIL MEETING DATES C. City Council Meetings - The City Council must designate the dates and times of regular City Council meetings, which have traditionally been the first and third Tuesday of each month at 6:30 p.m. A tentative schedule is attached on page I!JQ designating the first and third Tuesdays as regular City Council meeting dates, with the exception of February S (Caucuses), Monday, February 4 is recommended for that day; March 4 (Caucuses), Monday, March 3 is recommended for that day; October 21 (Shemini Atzeret & Simchat Tora), Thursday, October 23 is recommended for that day; November 4th (Election Day), Thursday, November e is recommended for that day; December 2 (Truth in Taxation), Monday, December 1 is recommended for that day. A Listening Session will be held at 6:00 p.m. before each regular City Council meeting. Also included on page LL4 is a list of workshops to be scheduled at 5:30 p.m. the second and fourth Tuesdays of each month on an as needed basis with the exception of June 10 (Shavuot), Thursday, June 12 is recommended for that day; October 14 (Sukkot), Thursday, October 16 is recommended for that day; November 11 (Veteran's Day), Thursday, November 13 is recommended for that day; December 9 (Truth in Taxation), Monday, December 8 is recommended for that day. The fourth Tuesday is listed as tentative and may not be necessary. If the Council prefers an alternate date to the ones proposed on the schedule, this should be discussed at the meeting. REQUESTED ACTION: Approve or modify the 2008 Schedule of City Council Meetings as presented noting the alternate dates, if any. CITY COUNCIL MEETING PROCEDURES D. Council Meeting Procedures - The City Council has adopted Robert's Rules of Order to overn all business conducted at Regular City Council meetings. Enclosed on page is a copy of an outline of a Regular City Council agenda for use by the Mayor and City Councilmembers as to how Robert's Rules will apply to the overall agenda. Also included on pages through is a guideline of meeting procedures for use by the public when attending Regular imeetings. The audiences can vary from a school age child to a resident who may be attending their first meeting to an applicant who is very sophisticated in making presentations to City Councils nationwide. Therefore, the guideline was written for a diverse audience while retaining the main purpose to provide information and awareness on how a citizen can interact with the City Council during a Regular City Council meeting. ~3a REQUESTED ACTION: To acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, and approve the attached guidelines/handout for public participation in City Council meetings. Visitors to be Heard - It has been past practice and policy that during the City Council filing period July - November, during an election year, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. REQUESTED ACTION: Ratify Council's past practice and policy that during the City Council filing period (July - November, 2008), Visitors to be Heard shall occur for a period of time not to exceed ten minutes and shall not be televised during this time. Adding an Item to the Agenda It has been the past practice of the City Council to require two members of the City Council to make a request of the City Administrator that an unscheduled item be added to a City Council meeting agenda. For example, if a resident has a concern needing a timely response and at least two members of the City Council would like to discuss the concern, the two Councilmembers could request that the City Administrator include the concern on the next workshop or regular City Council meeting. This practice of requiring two members of the City Council to place an item on an agenda does not usually apply to items of business that are already scheduled to go through the regular process and procedures such as development proposals, ordinance amendments, etc. If it is the Council's understanding that this again be the practice for 2008, formal ratification of the policy is requested. REQUESTED ACTION: Formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an. upcoming City Council agenda. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS E. Council Committee Appointments - Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. The 2007 standing committees are as follows. The Mayor and Council shall determine if members change or stay the same. Standing Committees: Finance Committee: Councilmember Carlson and Mayor Maguire Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Carlson Communications Committee : Councilmember Tilley and Councilmember Carlson School District #191: Councilmember Fields and Councilmember Tilley School District #196: Councilmember Fields and Councilmember Tilley 133 School District #197: Councilmember Fields and Councilmember Tilley Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Carlson Advisory Planning Commission - Councilmember Bakken Airport Relations Committee - Councilmember Fields Burnsville Eagan Telecommunications Commission - Councilmember Tilley Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board - Councilmember Tilley Municipal Legislative Commission Board - Mayor Maguire Cedar Corridor Committee - Mayor Maguire (City Administrator as alternate) Monthly Mayor/Manager Breakfasts - Mayor Maguire MSP Noise Oversight Committee - Councilmember Fields (Assistant to Admin. Miller as alternate) Municipal Legislative Commission: Mayor Maguire Dakota County Communication Board - Mayor Maguire (Councilmember Fields as alternate) MSP Noise Oversight Committee - Councilmember Fields (Assistant to City Administrator Miller and Community Director Hohenstein as alternates) Eagan Convention and Visitors Bureau - Councilmember Carlson Other Testimony at Legislature - all as needed AMM Board of Directors - Mayor Maguire Caponi Art Park Board - Mayor Maguire Breakfast with Mayor / Chamber of Commerce - Mayor Maguire Fire Relief Association Board of Trustees - State Statute 424A.04 requires that a relief association that is directly associated with a municipal fire department must be managed by a board of trustees consisting of nine members. Six trustees must be elected from the membership of the relief association and three trustees must be drawn from the officials of the municipality served by the fire department to which the relief association is directly associated. The three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. In addition to Fire Chief Scott, the annual designations have been the Mayor and the Director of Administrative Services. REQUESTED ACTION: Ratify the appointed members of Council standing committees, intergovernmental committees and other appointments as listed. ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY F. Annual approval of the Elected Officials Out-of-State Travel Policy, which was adopted on January 3, 2006, is required. The policy is attached as pagesl~ through t% REQUESTED ACTION: Approve the Elected Officials Out-of-State Travel policy. ' 3~ AGENDA FORMAT 1. Call to Order 1. 1. Mayor customarily tolls City bell and returns to place at Council table 2. Pledge of Allegiance 2.1. Mayor states, "Please rise and join mein the Pledge of Allegiance" 2.2. Mayor leads in the Pledge 3. Roll Call 3.1. If appropriate, Mayor states "The Secretary will please note that (Mayor/Councilmember) has provided notice by (written correspondence/telephone message) that (he/she) is unable to attend this meeting. 4. Adopt agenda* 4.1. Mayor states, "The Council will now consider adoption of the agenda." 4.1.1. If no Member or the City Administrator requests recognition for any change, Mayor prompts, "Is there a motion to adopt the agenda?" 4.2. Member requests recognition, "Mayor Geagan, (may I be recognized) for (the purpose of making) a motion?" 4.3 Mayor recognizes Member, "Member (has the floor)." 4.4 Member makes a motion, "Mayor Geagan, I make the following motion." 4.4.2.1. "To delete item (item identification letter) under (agenda category)." or 4.4.2.2. "To add item (item identification letter) under (agenda category), which should read, (text of proposed new item)". or 4.4.2.3. "To substitute for item (item identification letter) under (agenda category) the following item, which should read, "(Text of proposed item)." or 4.4.2.4. "To separate item (item identification letter) under (Consent Agenda), and move to (agenda category)." 8. Consent Agenda* 8.1. Items can be pulled for separate action 9. Public Hearings (6:45 PM)* 10. Old Business* 11. New Business* 13. Legislative/Intergovernmental Affairs Update* 14. Economic Development Authority 15. Administrative Agenda* 16. Visitors to Be Heard 17. Closed Session 18. Adjournment* *Regular motion practice is observed. Imm ers 12190 County Road 11 Burnsville, Minnesota 55337 DAKOTA COUNTY TRIBUNE. INC. 952-894-1111 • Fax 952-846-2010 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 December 11, 2007 Please accept the attached bid for legal newspaper status for the City of Eagan. We have a dedicated staff as well as the largest circulation to handle your legal notices in an efficient manner. We feel it's important to provide the readers with the city's legal notices in addition to the news stories, features and photographs of local events that we offer each week. We would like to print your legal notices in Thisweek Eagan. By designating Thisweek Eagan as your legal newspaper your legal notices will reach 13,260 homes. We can also print your legal notices in the Dakota County Tribune. The Dakota County Tribune is a subscription paper that has been providing local news to the residence of Dakota County since 1883. Our staff is very experienced in helping municipalities place their legal notices. We would prefer to accept your legal notices by e-mail at bv.legals(a,ecm-inc.com. However, we can also accept your legal notices by fax at 952-846-2010 or via the mail. If you have any questions, please feel free to call me at 952-846-2007. Thank you for your consideration. Sincfrely, d Eva Mooney Business Manager Enclosure (1) 137 Th IQ&AM Ms"papers Quotation Form for City of Eagan OPTION A) Thisweek Eagan - free community newspaper Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 450 Per line cost $0.95 Per column inch cost $9.50 Per column inch cost for e-mailed (Word or InDesign notices) ads $9.00 Circulation 13,260 Legal notice deadline Wednesdays (q), 4 p.m. OPTION B) Dakota County Tribune - subscription newspaper Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 450 Per line cost 95¢ Per column inch cost $9.50 Per column inch cost for e-mailed (Word or InDesign notices) ads $9.00 Circulation 1200 Legal notice deadline Tuesdays 11 a.m. OPTION C) Thisweek Eagan & Dakota County Tribune Number of lines per column inch 10 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 450 Per line cost $1.900 Per column inch cost $19.00 Per column inch cost for e-mailed (Word or InDesign notices) ads $18.00 Circulation 14,460 Legal notice deadline DCT-Tuesdays A 11 a.m. / Thisweek-Wednesdays P. 4 p.m. Date 12/04/2007 By Eva Mooney Business Manager !3~ t► M ~ Sun Patriot Oti[[matrr x(11 A ~1ro8 688COn PeESS4SNEWS n~..spapers OW" Newspapers ~a3ette www.mnsun.com 116 East River 408 E. Main St. 33 Second St. N.E. 10917 Valley View Road 8 Elm Street South 1931 Curve Crest Blvd. Monticello, MN 55362 Melrose, MN 56352 Osseo, MN 55369 Eden Prairie, MN 55344 Waconia, MN 55387 Stillwater, MN 55082 November 15, 2007 City of Eagan City Council 3930 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: The Eagan Sun-Current would like to be considered for designation as the legal newspaper for the City of Eagan for the upcoming year. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Current is our FREE home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. Despite rising costs of operating our newspapers, there will be no rate increase. Our legal prices will remain the same. The rate structure for legals effective the first of the year will be: 1 column width: $6.39 per inch for first insertion / $3.38 per inch for subsequent insertions Our columns are 14 picas wide. There are 11 lines per inch Because price comparisons between newspapers are difficult due to differences in column width, font size, etc., we would be happy to provide a price quote on an e-mailed submission. Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legal department is sunlegals@acnpapers.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Current as the official newspaper for the City of Eagan for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman Vice President and Group Publisher In the Community • With the Community • For the Community 2008 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 3* Thursday MAY 6 SEPTEMBER 2 JANUARY 15 MAY 20 SEPTEMBER 16 FEBRUARY 4** Monday JUNE 3 OCTOBER 7 FEBRUARY 19 JUNE 17 OCTOBER 23**** Thursday MARCH 3*** Monday JULY 1 NOVEMBER 6***** Thursday MARCH 18 JULY 15 NOVEMBER 18 APRIL 1 AUGUST 5 DECEMBER 1****** Monday APRIL 15 AUGUST 19 DECEMBER 16 * January 3 due to New Year's Day February 4 due to caucuses March 3 due to caucuses October 23 due to Shemini Atzeret & Simchat Torah November 6 due to Election Day December 1- Truth in Taxation There will be a Listening Session at 6:00 p.m. before each regular Council meeting. )40 2008 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 8 MAY 13 SEPTEMBER 9 JANUARY 22 (tentative) MAY 27 (tentative) SEPTEMBER 23 (tentative) FEBRUARY 12 JUNE 12* Thursday OCTOBER 16** Thursday FEBRUARY 26 (tentative) JUNE 24 (tentative) OCTOBER 28 (tentative) MARCH 11 JULY 8 NOVEMBER 13*** Thursday MARCH 25 (tentative) JULY 22 (tentative) NOVEMBER 25 (tentative) APRIL 8 AUGUST 12 DECEMBER 8**** Monday APRIL 22 (tentative) AUGUST 26 (tentative) * June 12 due to Shavuot * * October 16 due to Sukkot * * * November 13 due to Veteran's Day Holiday * * * * December 8 due to Truth in Taxation ~~1 AGENDA FORMAT 1. Call to Order 1. 1. Mayor customarily tolls City bell and returns to place at Council table 2. Pledge of Allegiance 2.1. Mayor states, "Please rise and join me in the Pledge of Allegiance" 2.2. Mayor leads in the Pledge 3. Roll Call 3.1. If appropriate, Mayor states "The Secretary will please note that (Mayor/Councilmember) has provided notice by (written correspondence/telephone message) that (he/she) is unable to attend this meeting. 4. Adopt agenda* 4.1. Mayor states, "The Council will now consider adoption of the agenda." 4.1.1. If no Member or the City Administrator requests recognition for any change, Mayor prompts, "Is there a motion to adopt the agenda?" 4.2. Member requests recognition, "Mayor Geagan, (may I be recognized) for (the purpose of making) a motion?" 4.3 Mayor recognizes Member, "Member (has the floor)." 4.4 Member makes a motion, "Mayor Geagan, I make the following motion." 4.4.2.1. "To delete item (item identification letter) under (agenda category)." or 4.4.2.2. "To add item (item identification letter) under (agenda category), which should read, (text of proposed new item)". or 4.4.2.3. "To substitute for item (item identification letter) under (agenda category) the following item, which should read, "(Text of proposed item)." or 4.4.2.4. "To separate item (item identification letter) under (Consent Agenda), and move to (agenda category)." 8. Consent Agenda* 8.1. Items can be pulled for separate action 9. Public Hearings (6:45 PM)* 10. Old Business* 11. New Business* 13. Legislative/Intergovernmental Affairs Update* 14. Economic Development Authority 15. Administrative Agenda* 16. Visitors to Be Heard 17. Closed Session 18. Adjournment* *Regular motion practice is observed. City of Evan TJCa,1i 'f DIJRES 1. 3 HOW THE. C 0tJNC l[. ~IC)1 S CABLE AND . FINC Three members of the Council constitute a With few exceptions, the regular City Council fEelconte to a meeting of the Eagan City Council. In order to quorum. A majority vote is needed to adopt meetings are televised live on Burnsville/Eagan ensure that this and future Council meetings can be meaningful for the motions and general resolutions. A vote of 3/5 Community Television channel 16. These attending public, the City Council uses a set of rules to govem the is required formost ordinances. Hearings on meetings are also Webcast, via Webcast conduct of its meetings. These "Rules of Procedure" are for the preliminary reports for improvements, compre- Central at www. cityofeagan.com. convenience ofthose attending the meeting. The City Council follows hensive plan revisions, and zoning ordinance "Robert's Rules of Order" for conducting official business. The Cablereplay information is availableby calling following is a brief summ of the orderofbusinessforaCity ordinance in the official newspaper of the City Bumsville/EaganCoanmunityTelevision oron Council meeting which may beofinterest. i s required before it actually takes effect. their Web site at www.bect.ty. COUNCIL MEETING rI;OCEDURES MEETING DATES Taped copies of each City Council and ORDEROF BUSINESS With few exceptions, the City Council meets at Advisory Planning Conunissionmeeting are The schedule for a Council meeting isshowriontheAGENDA. An 6:30 p.m. on the first and third Tuesdays of sent to the Wescott Library for public use. agenda is simply a list of business to be considered at a meeting and each month in the Council Chambers ofthe Copies of a televised City meetings are includes: Municipal Center Building at 3830 Pilot Knob available by contacting Burnsville/Eagan • Roll Call & Pledge ofAllegiance Road. The Council also meets in special Community Television at (952) 641-1355. • Adopt Agenda/Approve Minutes • Consent Agenda session as needed with notice ofthese meet- • Public Hearings ings posted at the Municipal Center Building L ctor Works and on the Web site, www.ciiyofeavan.com. • Old Business Occasionally meeting dates are changed to • New Business avoid conflicts with holidays or other events • Additional Items The City Web site provides the most up-to- Dire • Legislative/hitergovemmentalAffair s Update dateinformationonspecific meeting dates. • Department Head Business • Administrative Agenda • Visitors to be Heard (10 Minute Total Time Limit) • Closed Session To find out about specific agenda items, refer to the City web site at www.ci - ofea2an.com, This WeekNewspaper, or call the Municipal Center at (651) 675-5000. Agendas are available at the entrance to the Council Chambers at the time ofineetings. THE ROLE OF THE PUBIC NIEE I ING CONDUCIT GUIDI NON-AGENDA ITEMS HEARINGS The City Council welcomes the public to all The City Council has established the following Individuals wishing to appear at regular Certain items on the agenda are identified as Council meetings, workshops, and hearings guidelines for the conduct of City Council meetings ofthe City Council relative to items PUBLIC HEARINGS. These are formal and encourages individuals to express opinions meetings: not included on an agenda may speak or make proceedings givnig citizens an opportunity to during these meetings. To keep the agenda presentations under the sections of the agenda express their concerns on a specific issue. moving smoothly, the Council has adopted 1. Persons attending Council meeting may entitled, VISITORS TO BE HEARD.* The Some issues on which the Council is required basic guidelines for making presentations address the Council at the time at which Visitors to be Beard section is scheduled at to hold public hearings are the annual budget, before the Council. specific items appear on the agenda. the end ofthe meeting and the total time limit public improvement projects, and levying of 2. When addressing the Council, the presenter for all speakers is 10 minutes. No Council special assessments. The purpose of these guidelines is: shall approach the podium and begin action on a visitor's presentation should be presenting by stating his/her name and expected at this meeting, since the Council will The Council endeavors complete action on each issue the same night t as the hearing. To provide for an orderly meetingl address. want to study all proposals or requests before However, there may be circumstances where To provide equal and adequate making a decision. 3. AI I persons who speak must address the additional information or action is needed tune for review and consideration Mayor. * making it desirable to defer action until a ofagendaitems. LISTENING SESSIONS are held prior to later date. Depending on the situation, the 4. At public hearings, all audience remarks each regular City Council meeting (goner- hearing may be closed or continued to a future To provide equal rights to all are limited to four (4) minutes and shall ally beginning at 6: 00 p.m. in the Eagan ing date. members of the public who address be addressed to the Mayor. Each person Room of City hall), also for the purpose of meet thepresiding officer. may speak only once. The Mayormay use addressing items not included on the City GENERAL HEARING PROCEDURES discretion whether to allow repeat state- Council Agenda. Individuals wishing to 1. Mayor opens the hearing. To provide the City Council with an ments. address the City Council may speak or Y 2. Staff describes the proposal. equal and rational approach to all make presentations in this less formal 5. Presentations concerning items will decisions meeting format. 3. Those wishing to comment are heard. . heard onlyupon approval ofthe May yor. TI i E CONSENT AGENDA 4. Fornal action is taken to close the hearing. 6. To help maintain order, applause or other The Eagan City Council uses a CONSENT disturbances are discouraged. AGENDA procedure for routine items 5. CoUncilnnembers have an opportunity to 7. Petitions should be presented to the City needing little orno deliberation. Those items comment and ask questions on the issue. Administrator. are identified on the agenda and are approved 6. Council takes action on the issue or defers with one vote unless a councilmember or decision. 8. Audience members are encouraged to citizen requests thatthe item be discussed or address the Council but can't make motions considered separately. or otherwise participate it the meeting. Elected Officials Out-of-State Travel Policy City of Eagan Purpose: Minnesota Statutes Section 471.661 titled "Out-of-State Travel" provides that by January 1, 2006, the governing body of each statutory or home rule charter city, county, school district, regional agency, or other political subdivision, except a town, must develop a policy that controls travel outside the state of Minnesota for the applicable elected officials of the relevant unit of government. The policy must be approved by a recorded vote and specify: (1) when travel outside the state is appropriate; (2) applicable expense limits; and (3) procedures for approval of the travel. The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. Policy: Out-of-state travel by City of Eagan elected officials is covered by the following City policies: 1. Section 21 of the City's Personnel Policy: TRAINING POLICY: Costs for employer-initiated or required workshops, professional seminars, training programs, courses, continuing education credits, and license/certification maintenance for existing employees will be covered in total by the City. 2. Travel Regulations & Reimbursement Policies Attached as Appendix A 3. Budgeting For Travel-Conferences-and Schools Attached as Appendix B The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. 14-5- Requirements of State Statute: (1) When travel outside the state is appropriate-Travel outside the state is appropriate when the travel meets the conditions of the City's Training Policy and the Travel Regulations & Reimbursement Policies and is budgeted. (2) Applicable expense limits-The applicable expense limits are as contained in the City's Travel Regulations & Reimbursement Policies. (3) Procedures for approval of the travel-The travel is approved as part of the City's annual budgeting process or through budget amendments as approved by the City Council. (4) Public Availability, Review, and Changes--The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. Approved By City Council Action: January 3 2006 / June 19, 2007 1w City of Eagan APPENDIX A Travel Regulations & Reimbursement Policies Page 1 CITY OF EAGAN TRAVEL REGULATIONS & REIMBURSEMENT POLICIES Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Eagan. APPROVAL (1) All travel and seminar attendance by City of Eagan employees requires prior approval by the appropriate Department Head. Department Heads require the approval of the City Administrator. (2) Approval for travel shall be obtained prior to seminar registration or other final travel arrangements. (3) Travel and/or pre-registration fees and prepayments intended to defray costs incurred while on a trip and prior to submission of an expense report shall be submitted to the Finance Department for processing far enough in advance to allow checks to be produced in the normal course of business. (4) Pre-registration and/or lodging reservation payments may be made by the Finance Department directly. (5) City issued credit cards may be used. as a payment option per the terms of the City's "Policy and Procedures: Purchasing with City Credit Cards" policy. ALLOWABLE EXPENSES A. HOTEL/LODGING: (1) Accommodations shall be selected at a reasonable cost, consistent with the facility available and convenient to location of the conference or business meeting attended. (2) Employees may claim only the actual and necessary cost of single occupancy (receipt required). (3) Lodging will be paid for the night before the conference begins. Approved by City Council June 19, 20107 )'l7 City of Eagan APPENDIX A Travel Regulations & Reimbursement Policies Page 2 B. TRANSPORTATION: (1) Allowable transportation cost shall include reimbursement for the following: mileage accumulated on personal vehicle at the Federal IRS mileage reimbursement rate in effect at the time of the travel; actual round trip coach rate airfare; or actual receipted expenses for City owned vehicle, as required and as approved. The City will also reimburse the cost of mileage or a taxi fare to and from the Minneapolis/St. Paul airport to the place of residence for employees who live in Eagan, if no other options are available. For employees who do not reside in Eagan the City will reimburse the cost of mileage or a taxi fare to and from the Minneapolis/St. Paul airport to the employee's City of Eagan work location, if no other options are available. The City does not reimburse airport or park and fly parking fees. (2) The mode of transportation must be approved by the Department Head prior to any authorized trip. If a personal vehicle is used at an employee's request, reimbursement will be on the basis of prevailing mileage allowance or coach airfare, whichever is less. Reimbursement for meals and lodging shall be limited to the period of time required if air commercial transportation were used. Also, additional time required over the time air travel would require must be charged as leave time. (3) City vehicles may be used for in-state travel and out-of-state travel in states adjacent to Minnesota. Under no circumstances may City vehicles be used for personal reasons. Discretion should be used concerning using City vehicles when a member of his/her family accompanies an employee. (4) Air transportation shall be tourist or coach except when neither of these options is available. Reservations are to be made in advance at the earliest date to insure the lowest possible fares. Super Saver rates shall be used if available and appropriate for the particular situation. If the reservation is not going to be used, it must be cancelled immediately. (5) Local transportation in the conference city such as taxicab and/or bus fares to and from place of lodging and businesses are reimbursable only if circumstances require it. Local transportation in the conference city not pertaining directly to City business will not be reimbursed. (6) Use of rental vehicles requires prior approval by the City Administrator. Approval will be limited to situations where that use is projected to be most cost effective and/or it is demonstrated to be necessary for meeting the conference purposes. Approved by City Council June 19, 2007 City of Eagan APPENDIX A Travel Regulations & Reimbursement Policies Page 3 C. MEALS AND MISCELLANEOUS: (1) Reimbursement for meals while on authorized travel will be for actual expenditures (receipts required) up to a maximum of $55.00 per full travel/conference day (without regard to the number of meals actually eaten on any given full day), including tax and tips. Per meal maximum reimbursements for any fraction of a full day (travel days and days with conference meals provided) shall be as follows including tax and tip: (a) Breakfast $10.00 (b) Lunch $15.00 (c) Dinner $30.00 Note: Vendor provided lunches are not considered to be a prepaid conference meal. (2) The full cost shall be reimbursed for meals, which are a scheduled activity of a conference or meeting, and the cost of such meals is not included in the registration fee. (3) Breakfast allowance shall be authorized for Minneapolis departures prior to 10:00 a.m. and dinner allowances shall be authorized for Minneapolis arrivals after 7:00 p.m. (4) Other miscellaneous expenses will be reimbursed if incurred for City business, e.g. telephone, fax, telegraph service, internet access fees, tips for bellhops, parking fees, etc., as required. (Calls should be made collect whenever possible or with cell phones per the City's Cell Phone Use Policy.) (5) There shall be no flat per diem payments for meals or any other expenses. (6) If the employee wishes to bring a member(s) of his/her family with him/her, he/she must first notice the Department Head. The City will reimburse the employee only for the employee's meals, lodging (single occupancy), and miscellaneous expenses. Approved by City Council June 19, 2007 I~ I City of Eagan APPENDIX A Travel Regulations & Reimbursement Policies Page 4 EMPLOYEE EXPENSE REPORT (1) The employee shall submit a Travel Expense Report and Request for Reimbursement form, for approval by the Department Head and City Administrator or designee. Receipts for expense items shall accompany each expense report, including meals. If an employee is unable to get a paid receipt for a particular item, he or she must include with his or her report a statement certifying that the claim for that item is accurate. A copy of conference brochures and/or overall information shall be submitted with the report. Under no circumstances will City payments exceed out of pocket expense. (2) Employees will be billed for non-reimbursable expenses paid by the City. (3) Reimbursement for foreign travel expenses will be made at the current rate of exchange. Approved by City Council June 19, 2007 l~~ APPENDIX B CITY OF EAGAN 2007 BREAKDOWN OF TRAVEL-CONFERENCES-AND SCHOOLS TOTAL PROPOSED BUDGET 1. Complete Cost Breakdown for Any Item In This Category: 2. Why Is This Necessary? 3. Where Will It Be Held? 4. When Will It Be Held? 5. Who Will Be Attending? FINTORM7 1~1 Agenda Information Memo January 15, 2008 Eagan City Council VII. OLD BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - THE SHOPS AT GRAND OAK ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55, legally described as Lot 3, Block 1, Grand Oak Five, in the NE '/4 of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: The Shops at Grand Oak was tabled by the City Council on January 3, 2008 so that the Applicant could revise the proposed pylon sign panel as well as propose directional signage. The Applicant proposes a 19.8 square foot panel on the existing Pylon sign at the corner of Hwy 55 and Dodd Road to read "Enter on Dodd Rd", as well as a 5 foot, 6 inch tall directional sign to be located near the entrance off of Dodd Rd. The Shops at Grand Oak are part of the Grand Oak office complex approved via a Planned Development in 2005. A Planned Development Amendment to allow a seasonal Farmers Market was approved in 2007, which amended the overall signage plan to include temporary signage and a banner on the pylon sign during the market period. The applicant proposes to add tenant panels onto the existing pylon sign, which is already at the maximum overall signage allowed, 125 square feet.. The tenant panel total area is proposed to be 24 square feet, a 20 percent increase. In comparison, a dynamic sign at this location would require 15 inch characters, whereas the proposed panels range from 6 inches to 16 '/2 inches. ➢ The Advisory Planning Commission held a public hearing on December 20, 2007 and is recommending denial. ISSUES: ➢ The applicant has proposed a deviation from the Sign Ordinance to increase the overall signage of the pylon sign by 20 percent. ➢ The APC shared concerns regarding the usefulness or need of the proposed tenant panels given the lack of visibility. The APC also stated that existing building signage is very visible and effective. ➢ The applicant has submitted a modified request and supporting text (attached). 60 DAY AGENCY ACTION DEADLINE: January 19, 2008 ATTACHMENT (1): Revised pylon sign panel, directional sign and Site Plan on page through'35 'JoC PROJECT NAME: BUSINESS PARK '7 GRAND OAK DOUBLE-FACED PYLON CABINET; INTERNALLY ILLUMINATED 3'-3'/z" X 6'= 19.8 SQ. FT. ADDRESS: 6'-0" F EAGAN, MN 5'-10 1/4" DESCRIPTION: INTERNALLY ILLUMINATED SINGLE FACE MONUMENT SIGN SALES REP: N BOB SHERLOCK ik cy.) Enter DRAWN BY: ' JEFF r WEISPFENNING Q Dodd Road DATE: ~~Z 10.30.07 v ) 15" LETTERS REVISED: z + 11.7.07 12.27.07 1 8 ~ SCALE: 1 Y2" = 1' CUSTOMER/LANDLORD APPROVAL: O Sign Art Co. Eau e, RECEIVED JAN 0 8 209 S t Paull, MNI PH 651-688-0563 FX 651-688-2081 ngauxaow 1 owmm~eem MVAW PRW 0FL 4W"~ mvwnvoiurmreEiema~ GRAND OAK PYLON 2) TM'~'"`~ _ aronem PROJECT NAME: MONUMENT SIGN MASONRY BASE GRAND OAK BUSINESS PARK ' v c~ ADDRESS: 0 SHOPS Xi" T7 ,,xr EAGAN, MN Grand Oak CD DESCRIPTION: W S J FN PROPOSED IGNAGE ❑ 2'-6" X 2'-6" SALES REP: LIMESTONE CAP SARAH WANG m DRAWN BY: JEFF 2'X 2' WEISPFENNING MASONRY BASE DATE: O Z u> 1.4.08 D REVISED: r U) n 1.7.08 U) o 0 ;T SCALE: Z F1'/2"=1' CUSTOMER / LANDLORD (s] APPROVAL: O RECE1'.JAN 081008 Sign Art Co. Eau Claire, WI St. Paul, MN PH 651-688-0563 FX 651-688-2081 2'-0 " naoeaxxcros mmu 1VUN\6W MOMPNOPOSM. ne GRAND OAK MONUMENT) ox~wcsvm.aacnun c woD xme~ OFSGN n 1 nonos. PROJECT NAME: 'v T-0' N o GRAND OAK BUSINESS PARK _ ADDRESS: Ts•r~1rr w - n a- - - / i i I EAGAN, MN I ' I - a I DESCRIPTION: 2'-6" X 2'-6" Pon r LIMESTONE CAP LOT1 PROPOSED GRAM OAK 10 1 NEW SIGNAGE ° p~ 100,°00 8F SALES REP: - e \ i Z-- 2' X 2' SARAH WANG MASONRY BASE « \ ` I cf) « y . \ I DRAWN BY: JEFF m j / I 1 WEISPFENNING -7 ! 2 - = - - _ _ _ - w:R?i` I DATE: i, ' 1.4.08 D / r`w 'p v o o REVISED: ta~1`t91 v \ I • MR I. I *i t Oil ( ~r i I ~j • \ o i I o ~ o It lr J it l q t 7•A SAT tI t call SCALE: • \ , . ` \ J ' 1 I CUSTOMER I LANDLORD 1 * APPROVAL: eeTetcA0A1ee1cvelr 9s n ~aameaARO" ~\I o \ 1 - - - = 7.0.1ae1r191e ttuaoensaralx ✓r / I ' _ I sa«Q •wtm4lwi«wamsaw7omrscaoAlmAla ` ` \ p'.+ C FONO 1Al' \ I \7\ N Plwl9[xiGaaC[/A77sEa 9SL7C NIOJ[Cf 9A1e+fAW. \ _ - _ _ - _ _ - _ _ _ y '1 O A W411A ;R C[OAgafl a7Ate All[aA aA AI PAM10110 O7A1181K9A VaDL ` IICeTAtL9AK#V Q95f 11lOC AOCIaOAtlILP rW~70. att. a•. 8148. Cae.• Aetlaa.. 91q A7.• Me. s.9'a• et,. .e... riao. re.tpet.t a1a.. 7.A.e°----------- Sign Art Co. tae toe 87110. 3.ew 99,ew •t (1.35 w la0 a bfineoe• 145 18.91 35.0wOKfi700.!/14.3.81 b3f ; Eau Claire, WI got 1 toe to Celia. ON t 537.1. .t fl.. w 534 9 a.a 31.11 9.415 ' +.oc 1 tao t1 attaera...sw le,ew of 75,wo t It.T4 53 a 4. 7nw67/1009e• • 3" fa 19.7t 11 39,.100dnc.at e.ue St. Paul, MN Tae ] 0N.11 A f,ow .t 3 1 3.eon0w 00ml M FM teaep..c 11..e..r.0t A 1, sag •e 177,600 of 14.08 w 48 a 110 +.w• 101 3.0. 13.13"917.41 9.074 Fnnq PH 651-688-0563 Oa'•ad ' ,111 - 0.tau s 3.519 .L f8 1 S.wnwO Alt - a•.t. s 3,sa .c 49 a 2r3 ..•t.• POND 0 ~ >m FX 651-688.2081 7AmroAmr Tat.l 153,13 .7 f13,w0 •t Ita.N w TY! - 0.1.11 Ale 755 31.71 153.216.0U." 9.161 TMtuaOwrwa 1t 843 Mt. ! al 0,70 00 1.0.11. - S0. M 2 ......t t.••.st. is 009 sc slat, s.- ..1w1.1r .t nt 01.1000 . u .er...e GRAND OAK MONUMENT) ooiwl wo~v rat M erltnea RECEIVEDIATUT-Nuu Agenda Information Memo January 15, 2008, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) - DG ENTERPRISES ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition in the SE 1/4 of Section 8, subject to the conditions in the APC minutes and an additional staff recommended condition (#10). *(New information is indicated in bold. Prior information that has been updated or is no longer under consideration remains included for the Council's reference, but is indicated with strikeout.) It is recommended that the Council consider the following additional condition (#10) for inclusion in the approval of the proposed subdivision: 10) The Property Owner shall acquire, dedicate and/or convey a 60' access easement extending from Parcel 10-00800-011-50 to Terminal Drive, for the benefit of Parcel 10- 00800-011-50. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The DG Enterprises property (3265 Sun Drive) was platted in 1997 as Tan Me First Addition. The building was constructed in 1997. A CUP for outside storage also was issued in 1997. ➢ The Bachman's Eagan Addition property was developed in 1968. It was first platted as part of Sibley Terminal Industrial Park in 1964, and replatted as Bachman's Eagan Addition to consolidate three parcels into one lot in 2005. ➢ DG Enterprises is acquiring approximately 2.2 acres of the westerly portion of the adjacent Bachman's Eagan Addition. The subdivision is necessary to allow the land transfer. ➢ Existing easements (35' wide trunk sanitary sewer easement, 60' wide ingress/egress easement, and 20' wide utility easement) will be maintained with the proposed subdivision and plat. ➢ There is no new development proposed at this time, however, the applicant is acquiring this additional land for possible future expansion. ➢ Future development will be constrained by the previously referenced easements, subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time. ➢ The site is subject to cash park dedications for future development. l 9/P Agenda Information Memo January 15, 2008, Eagan City Council Meeting DG Welding First Addition (continued) ➢ The site is subject to cash trail dedication for 6.46 acres (existing L1, B1 Bachman's Eagan Addition) at the time of final plat. ➢ The Advisory Planning Commission held a Public Hearing on September 25, 2007 and is recommending approval. ISSUES: ➢ Just prior to the Council's consideration of this application on Oct. 16, 2007, it was learned that the currently used 60' access easement adjacent to the DG Welding operations (and through the middle of the proposed new subdivision) does not convey access rights to a City owned Parcel (10-00800-011-50). Further investigations have revealed that the City does not have access rights over the other currently used access through the Valley Acres Addition near Yankee Doodle Rd. rendering this City parcel as essentially land locked. ➢ With that discovery, an additional condition to dedicate and convey an access easement was presented to the Council for consideration of inclusion in its Subdivision approval for this plat. The applicant and property owner objected- to the proposed additional condition and further stated his preference to have the existing private access easement rights removed in their entirety. The Council continued the item to the November 5, 2007, Council meeting to allow the property owner and staff time to review possible options. ➢ The City Attorney's office has reviewed; 1) the current land locked status of the City parcel, 2) the rights conveyed by the current access easement, and 3) the Code requirement for subdivision approval. Section 13.20, subd. 9 (Land Locked Parcels) states: "...the City shall not permit land locked parcels or parcels that are only served by private easements." This Code requirement applies to the proposed DG Welding First Addition, since its access would be provided only by a private cross easement along Sun Drive within the original Tan Me Industrial Park plat. -)0- There are sever-a! eptions available to address these issues.: 1. in order- z r- the Gs land loezc°cc'li-1par-eel to obtain eeess te Tefminal Dr., the Gitj private would h e er-ess easement rights aleng the alignment of the euffent aeeess easement tb„-°,,..b, the Tan Me ` eyele„"'°"t an T'om' Welding Fir-s Addition. This ean be done by- 't.. ++n 4i l rights to then '•'t private aeeess easement by uEquirmg vdvziefship interests in the Valley A""-es p pe ft., e tl y s ,e by this pr-ivate easement, e b) Thfoagh the Subdivision Or-din c ° the 71r' Welding P;,-st Addition ;n t .l die t° . blie easement within their- pr-apose plat g„a a pub! easement beyen their- ..1 "t all the . to T°,-mina D The ` eyelO"°` has thee eptien to petition the eity te aequire this additional publie easement as (pfifnafily the Gity-owned pare A ubl; .,t ' „11 n .,t° °thaeic issues that will need to be addressed--. .t° aeeess Oeme t ° 11 e) The developer- obtaining and eo ,t t.. T° ,1 llr t° tb,° ..t°r°"t" of the City par-eel. ls- Agenda Information Memo January 15, 2008, Eagan City Council Meeting DG Welding First Addition (continued) ISSUES: Any of the ill r-equir-e a new eondifien (#10) be added to the appr-eval of proposed subdivision. Based on the results of this additional r-esear-eh, it is reeemmended that the pr-evieus suggested additional eonditien be r-evised as follows and pf!esented to r ' for- ^ sider- do of app -ova 10) T-heP--rope,-~yO+~,nei-s.,4o!laequiie,dedieateanek4gieeni,,et,a6O'jgublieaeeess easetnentftom Pareel 10 00800 Oil 50 to Terminal Di-. ever 4he same alignment as the existing private aeeags easement de~qeribed in the Quit Glaim Deed reeetqed as Doeument #81528. The pr-epefty owner-was 4 of then "try/ an unable to fneet with staff p -ief! to the time a this verbal update will be provided. 20, 2VV /007 the Nev. c, 2007 r ;1 meeting, this item ^4;11UVd to the Nov. 0ty ➢ G'4 staff ,..n the City A 4temey met with the nppheant an their- 04teme" o Nov. 7, 700'7 The l 4 4;r+ e to express n4;`. n to the proposed eandition #10 above. Dur-ing the Nev. 7, 2007, meeting with staff-, the applieant verbally indieated that they would- ono has not been n nfin e ; +-4ing ° . ➢ At the November 5, 2007 Council meeting, this item was continued to the November 20, 2007 City Council meeting. ➢ City staff and the City Attorney met with the applicant and their attorney on November 7, 2007. The applicant continued to express reservations to the proposed additional condition concerning the access easement. ➢ Following the November 7, 2007 meeting with staff, the applicant requested an indefinite extension of the application. ➢ City staff has continued to explore several alternatives for providing access to the River Valley Acres property. City staff has met with the applicant on multiple occasions to discuss this issue. ➢ The attached memo prepared by City Engineer Russ Matthys summarizes the analysis of access options for the River Valley Acres property. ➢ Due to the unknown status of River Valley Acres (10-00800-011-50) access acquisition from the City of Apple Valley, it is critical that the City of Eagan maintain as many access options as possible. Either the primary or secondary access to the City parcel should be dedicated over a portion of the DG Welding site. ➢ It is recommended that the Council consider the following additional condition (#10) for inclusion in the approval of the proposed subdivision: 10) The Property Owner shall acquire, dedicate and/or convey a 60' access easement extending from Parcel 10-00800-011-50 to Terminal Drive, for the benefit of Parcel 10-00800-011-50. 1~ ~ Agenda Information Memo January 15, 2008, Eagan City Council Meeting DG Welding First Addition (continued) 120-DAY AGENCY ACTION DEADLINE: Currently indefinite, with the ability of the applicant to request action after extension is withdrawn ATTACHMENTS (3): ) Memo and exhibits from City Engineer tthys dated Jan. 10, 2008, pages` throughlw September 25, 2007 minutes on ages Staff report on pages through I &Q Section map with easement alignment, page PR~ ls~ City of Eancin ma TO: PAM DUDZIAK, PLANNER FROM: RUSS MATTHYS, CITY ENGINEER DATE: JANUARY 10, 2008 SUBJECT: DG WELDING & RIVER VALLEY ACRES ACCESS On October 16, 2007, the City Council considered the Preliminary Subdivision of DG Welding First Addition (DG Enterprises). As a result of the information presented by the property owner and staff, the City Council continued action on the preliminary subdivision application and directed City staff to investigate access options to the adjacent city- owned property, River Valley Acres (RVA). The purpose of the investigation was to analyze access options for the RVA and present the retrieved information to the City Council for their consideration of access related conditions as part of the approval of the subdivision of DG Welding First Addition. The following information is a summary of the analysis. RVA Access History 1. Primary Access a. Valley Acres Police Range (VAPR) driveway b. Access to Yankee Doodle Road c. Valley Acres property owned by City of Apple Valley d. 30-year agreement between Eagan & Apple Valley police departments e. Limited to vehicle traffic for police Firing Range use f. Does not allow heavy truck & equipment traffic primarily accessing RVA 2. Secondary Access a. Easement through DG Enterprises/DG Welding site b. Access to Terminal Drive via Sun Drive (private street) c. Easement provides access rights to Valley Acres owner (Apple Valley) d. Easement does not provide access rights to RVA owner (Eagan) RVA Access Options 1. Option One (see Exhibit 1) a. VAPR driveway b. Access to Yankee Doodle Road c. Most desirable i. Convenient and practical ii. Consistent with planned use of RVA d. Requires one of the following i. Purchase all (or southern portion) of Valley Acres to acquire right to DG access esmt ii. Access easement from Apple Valley - doesn't convey access right to DG access esmt e. No resolution yet of Apple Valley negotiations - acquisition opportunity unknown 2. Option Two a. Alternate One - DG Enterprises/DG Welding easement (see Exhibit 2) i. Existing access easement on DG Welding site ii. Access to Terminal Drive (via Sun Drive) iii. Requires (without ownership of Valley Acres) 1. DG Enterprises easement dedication with Plat 2. Sun Drive (private street) access acquisition iv. New width and alignment should accommodate DG Welding site development v. Property owner prefers no access on DG Welding site vi. Cost - less expensive than any other Option Two alternate 1. Construction - Unknown, partnership for shared drive aisle with DG expansion 2. Easements a. Dedication as condition of Plat approval b. Sun Drive - Unknown acquisition costs b. Alternate Two - Sun Drive extension (see Exhibit 3) i. Center new driveway on property line between DG Welding and Tan Me ii. Access to Terminal Drive (via Sun Drive) iii. Requires 1. DG Enterprises easement acquisition 2. Tan Me easement acquisition 3. Sun Drive (private street) access acquisition iv. Driveway between parking lots of businesses (connecting the two parking lots) v. Driveway protrudes into usable RVA site due to grading requirements vi. Neither adjacent property owner supports vii. Cost 1. Construction - About $50,000 2. Easements a. DG Welding - Condition of Plat approval b. Tan Me - Unknown (Possible condemnation without property owner support) c. Sun Drive - Unknown (Possible condemnation without property owners support) c. Alternate Three - United Stationers easement (see Exhibit 4) i. Access easement through United Stationers parking lot & new driveway on slope ii. Access to Alexander Road iii. Requires 1. Minor easement revision (United Stationers) anticipated at no cost 2. No additional easements - new driveway on City owned parcel iv. Driveway construction on a steep side slope v. Wetland impacts at base of slope would need mitigation vi. Local property representatives willing to accommodate. DG Welding preference. vii. Cost 1. Construction - About $200,000 2. Easements - $0 RVA Access Resolution 1. Option One a. Most desirable for primary access b. Requires reconstruction of driveway by City of Eagan /Q' c. Apple Valley approval required i. Property purchase 1. Ownership provides right to access through DG Welding site 2. VAPR ownership addresses police concern with 30-year agreement ii. Access easement only 1. No access rights conveyed through DG Welding site 2. Does not address police concern with 30-year agreement 2. Option Two a. No Option One - Need one (primary access) or two (secondary access) alternates b. With Option One - Prefer one alternate (secondary access) c. Secondary access i. Limited use - History of City's use of RVA site ii. Critical for reconstruction of VAPR driveway Please contact me with any questions. Russ Matthys City Engineer Enclosures: Exhibits 1-4 c: Tom Hedges, City Administrator Tom Colbert, Public Works Director Jon Hohenstein, Community Devel Director Mike Ridley, City Planner G:RM/07/MEMOS/DG Welding & RVA Access-Modify TAC2 . NORTH ij ~j / ~ ~ ~RMZNPL S~B~E PP~~ v P~~E 0~- "SPp(t~ PMER1~P ~~v ~EtP f Q~ OFF O0 F 00< / J /-7 N G:JohnGorder BAIIen Exhibit e.dwci 4~ City of Evan I~ Option One Exhibit 1 Engineering Deper&*M ~ l NORTH - .r= - - B L O GK W ; 4r ~y JPGQ.2~' P S P~- P RMINP N~V G:JohnGorder\BAI[en\ExhibitTwo.dwg +City ofEapn Option Two - Alternate One Exhibit 2 Engineering Deparbnent q NORTH - - J ~ i f L 0 1 t KV' / G\N C ES R K ENO TRIq~ Pq \ ~CityofEap Option Two - Alternate Two Exhibit 3 Engineering Department NORTH ;TONERS • 'N~, S IJNITE~ EXISTING- EASEMENT FyY ~ ,R4~ f / ER INA pI~SY_ i Y St LE J \ PGA 41 q fi VG Bqc/-/ r ARC ~ ~ c IAA ^ A 01 ~,ADDE o i c 0] 4 +Exhibit CityofEaVan Option Two Alternate Three s Engineering Department 0 September 25, 2007 APC Minutes Page 4of6 C. DG Welding First Addition Applicant Name:DG Enterprises Location:3265 Sun Drive & 3245 Terminal Drive; Lot 1, Block 1, Tan Me Industrial Park & Lot 1, Block 1, Bachmans Eagan Addition Application: Preliminary Subdivision A Preliminary Subdivision of approximately 8.4 acres to create 2 lots. File Number: 08-PS-09-08-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 19, 2007. She noted the background and history. The applicant was present and available for questions. Chair Keeley opened the public hearing. There being no public comment, Chair Keeley closed the _public hearing and turned the discussion back to the Commission. Member Feller moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE '/4 of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachman's Eagan Addition, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1 2. The property shall be platted. 3. Future development of the this subdivision (i.e. parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4. Any future development of Lot 1 (i.e. parking/ storage expansion) shall construct and maintain a 30-foot wide clear, paved access road within this easement, from Sun Drive to the City property. 5. Storage shall not be allowed within the ingress/egress easement area on Lot 1. 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/ egress easement within the fence. 7. Future development of this subdivision (i.e. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion of the building. Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. A vote was taken. All voted in favor. Motion carried: 5-0. /01 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2007 CASE: 08-PS-09-08-07 APPLICANT: DG Welding HEARING DATE: September 25, 2007 PROPERTY OWNER: DG Enterprises APPLICATION DATE: August 15, 2007 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 3265 Sun Drive and 3245 Terminal Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE 1/4 of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan.. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. W~ Planning Report - DG Enterprises September 25, 2007 Page 2 D That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage, F That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or' as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or, approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water' Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter- referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length, It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The DG Enterprises property (3265 Sum Drive) was platted in 1997 as Tan Me First Addition The building was constructed in 1997. A CUP for outside storage also was issued in 1997. The Bachman's First Addition property was developed in 1968. The property was platted as pat of Sibley Terminal Industrial Park in 1964, and was replatted as Bachman's Eagan Addition to consolidate three parcels into one lot in 2005.. There are two existing buildings and one large cement slab (previous location of Bachman's greenhouses) on site. Planning Report - DG Enterprises September 25, 2007 Page 3 DG Enterprises is acquiring the westerly approximately 2.2 acres of the adjacent Bachman's First Addition. While no new development is proposed at this time, the applicant is acquiring this additional land for possible future expansion. The subdivision is necessary to allow the land transfer. EXISTING CONDITIONS Both parcels contain existing buildings. The Bachman's First Addition site generally slopes toward the west and the western portion of the site is heavily wooded.. Access is provided to Bachrnan's First Addition via Terminal Drive and to the DG Enterprises site via a private street, Sun Drive SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zonin Land Use Designation North Industrial (Safety Kleen/ I-1, Limited hidustrial IND, Limited Industrial United Stationers) South Warehouse/storage, I-1, Limited Industrial WD, Limited Industrial manufacturing East Warehouse/storage, I-1, Limited Industrial IND, Limited Industrial Manufacturing West City of Eagan PF, Public Facilities QP, Quasi-public EVALUATION OF REQUEST Proposal - DG Enterprises currently owns Lot 1, Block 1, Tan Me Addition and proposes to acquire approx. 2.2 acres of Lot 1, Block 1, Bachman's Eagan Addition in anticipation of future expansion needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two properties. The proposed DG Welding First Addition subdivision results in proposed Lot I containing the existing DG Welding facility and proposed Lot 2 consists of the remaining Bachman's property. The applicant should note that future expansion of outside storage on Lot 1, or the establishment of outside storage on Lot 2, will require a Conditional Use Permit. Compatibility with Surrounding Area - There is no new development proposed at this time, and no new lots created as part of the proposed subdivision. Airport Noise Considerations - The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan. Aviation is considered a regional system and is included in 17D Planning Report- DG Enterprises September 25, 2007 Page 4 the Metropolitan Council's 2030 regional Transportation Policy Plan. As part of this plan, the 1996 Aviation Policy Plan remains in effect and will continue to anticipate the impacts from the operations of the MSP International airport at its current location. As an appendix to its 2030 Transportation Policy Plan, the Metropolitan Council has adopted new land use compatibility guidelines which incorporate the FAR Part 150 2007 noise contours and noise exposure map for MSP hiternational Airport. A refinement of these guidelines may be found in the March 2006 Metropolitan Council's Builder's Guide, including additional land use compatibility and noise attenuation within the applied Noise Buffer Zone. The subject site is within the applied Noise Buffer Zone. Industrial uses are considered compatible within the Buffer Zone. Lots - The proposed lot areas are Lot 1 = 4.14 acres and Lot 2 = 4.26 acres. Setbacks - I-1, Limited Industrial setbacks apply to both lots.. Minimum required building setbacks are: front = 40 feet, side = 20 feet and rear = 20 feet. Required parking/pavement setbacks are 20 feet from a public right-of=way, and 5 feet from other lot lines. City Code cuiTently requires a 50' parking/pavement setback in the I-1 zoning district when "directly adjacent to properties guided for parks or public facilities " The existing DG Welding facility is adjacent to property zoned PF, Public Facilities. A CUP was approved for outside storage on that site in 1997, and the 15' setback of the outside storage area from the PF property does comply with the approved site plan for the 1997 CUP. Also, the adjacent property is utilized by the City's Public Works Department as a stockpile area for earthen and excavated materials. Further expansion of the outside storage will be subject to a new CUP and setback requirements in effect at that time. Site Plan - Because there is no new development proposed at this time, a proposed site plan was not submitted. The Existing Conditions Plan shows the existing site layout. Green Space - The acquisition of an additional 2.2 acres of undeveloped land will increase the green space on proposed Lot 1 (the DG Welding site).. The con,esponding reduction in green space for proposed Lot 2 (Bachman's) still results in a green space ratio exceeding the minimum required 25% for I-1 zoned property. Grading/ Topography - The site is heavily wooded in the northern portion of proposed Lot 1, and the overall site generally slopes to north and west. Utilities - The existing buildings are connected to City sanitary sewer and water, main service, and no additional service extensions are necessary with the proposed subdivision. An existing Metropolitan Council - Environmental Services sanitary sewer trunk line runs through the southwestern portion of proposed Lot 2 and the northeast portion of proposed Lot 1. Storm Drainage/Water Quality - A City storm sewer trunk line extends south to north through proposed Lot 1. Current drainage of proposed Lot 1 utilizes this storm sewer, while the drainage !11 Planning Report - DG Enterprises September 25, 2007 Page 5 on proposed Lot 2 flows overland to the west. Future development of this subdivision (i.e. parking lot expansion) should provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development.. Access - Lot 1 currently has driveway access to a private street (Sun Drive), while Lot 2 has access onto a public street (Terminal Drive). No additional accesses are proposed with this subdivision. The City holds an ingress/ egress easement across Lot 1, utilized mainly by City Maintenance crews, to access the City's property to the west (Parcel 011-50). Any future development of Lot l (i.e, parking/ storage expansion) should construct and maintain a 30-foot wide clear, paved access drive within this easement, from Sun Drive to the City property. Storage should not be allowed within the easement area. If a fence is installed with future development, 30-foot wide gates, with City accessibility, should be provided on both ends of the ingress/ egress easement. Easements/Rights of Way/ Permits - A 35' wide easement for trunk sanitary sewer extends through the southwestern portion of Lot 2 and the northeast portion of Lot 1. A 60' wide ingress egress easement and a 20'wide utility line easement extend across the northern boundary of the existing DG Enterprises site. These easements will be maintained with the proposed subdivision and plat. Tree Preservation - The initial plans submitted provided a tree inventory based on individual trees. The City Forester suggested that the site be reinventoried using the "significant woodland" classification. Although the applicant did not prepare a revised tree inventory, staff's analysis of recent aerial photography estimates approximately 50,000 sq. ft. (1.15 acres) of significant woodlands on site, comprised mostly of softwood deciduous trees such as ehn and cottonwood trees. Expansion and further development of the site will be subject to the City's Tice Preservation Ordinance. Because the applicant is not proposing any new development at this time, the submitted application does not indicate what portion of the existing woodlands will be removed with future development. Given the amount of significant woodlands currently on site, future expansion and development likely will require tree mitigation. The City's Tree Preservation Ordinance currently allows 30% removal for single-phase single-lot commercial/industrial development. Future development of this subdivision (i.e. parking/storage lot or building expansion) should comply with tree preservation and mitigation requirements in the City's Tree Preservation Ordinance in effect at the time of development. A revised tree/woodland inventory and tree preservation plan will need to be submitted prior to any future development or expansion. Parks and Recreation - Park and trail dedications were satisfied for Lot 1, Block I Tan Me First Addition in 1997 with the construction of the DG Welding facility. It appears that park and trail dedications have not been paid (or land dedicated) for the existing Lot 1, Block 1, Baclunan's t Plarming Report - DG Enterprises September 25, 2007 Page 6 Eagan Addition, which was initially platted as Sibley Terminal Industrial Park in 1964, developed in 1968, and replatted to consolidate several parcels into one lot in 2005. Prior to this year, commercial/industrial park dedication rates were based on the net acreage of a site, hi 2007, the City's commercial/industrial park dedication rates were modified to be based on the size of the building. As such, Lots I and 2 should be subject to additional cash park dedication with any future building expansion. For both lots, park dedication will be payable at the time of building permit at the rates then in effect. A cash trail dedication was paid on the Lot 1, Block 1, Tan Me First Addition parcel in 1997. Trail dedication has not been fulfilled for the existing 6.46-acre Bachman's Eagan Addition parcel. Therefore, a cash trail dedication on the 6.46 acres is due at this time, payable at the time of final plat. The 2007 rate for trail dedication is $1,251.00 per net acre, SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 8.4 acres located north of Sun Drive and west of Terminal Drive in the SE'/, of Section S. There is no new development proposed at this time, however, future expansion of the DG Welding facility is anticipated. Existing easements should be maintained with the proposed new plat. Future development will be subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time.. The site is subject to cash park dedications for future development, and cash trail dedication for 6..46 acres (existing L1, BI Bachman's Eagan Addition). ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachman's Eagan Addition. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1 2. The property shall be platted. 3. Future development of the this subdivision (i.e. parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4. Any future development of Lot I (i.e. parking/ storage expansion) shall construct and maintain a 30-foot wide clear, paved access road within this easement, from Sun Drive to the City properly. )73 Planning Report - DG Enteiprises September 25, 2007 Page 7 5.. Storage shall not be allowed within the ingress/egress easement area on Lot 1. 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/ egress easement within the fence. 7. Future development of this subdivision (i.e, parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion of the building, Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines. and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements.. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards., 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails_ Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Qualitv Dedication 1. This development shall be responsible for providing a cash dedication, pending, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 _ Revised: February-2,1993 LTS#5 STANDARD.CON Eagan Boundary Right•of•way a p O Park Area Location Park Area Building Footprint ~f ~ Q Q° 1 i U u ,90 d o o'' c _ tt 0~ D o c~ r A Q Q f %z O. 4Q v~ Subject Site ©4©13 Q .5~ ~'aI~ Op ~ o o " 0 _o a° pmt s7 P Q Q Q ° Q r"o w~ p p oo d C=3 r ❑oopo 0~ u DOUnrT ROAD no, at iru4Kgg Dooott: aoaD1 P ~ o L . a y d a 6P C oQo 1000 D 1000 2000 Feet Development/Developer. DG Welding Application: Preliminary Subdivision Case No.: 08-PS-09-08-07 N y THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Ea p w 6 The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Dovolopmoat Dopartmont not responsible for errors or omissions. 1 Z~ Current Zoning and Comprehensive Guide Plan DG Welding First Addition Land Use Map Preliminary Subdivision 08-PS-09-08-07 Zoning Map P ~ I•i 1•i Location Current Zoning: Rs 1.1 1-1 R.i Limted Industrial PF I.1 1.1 R•i b _ •1 Z 4 PD PD R• 400 0 000 1300 I..t Comprehensive Guide Plan IN Land Use Map P IND mra Location HD P P MD IND Current Land Use Designation: IND h LD IND °P Limted Industrial LD IND F 0 a LD IND r3r ti ols O7S aoo o soo t3oo r«t N Pareal haw map Infvrmatlon provl4vd by Dakata County Land 6urvvy Ovpartmont Docmbar 4004.. lofting Informvuvn malnto1nad by City titafr ,y THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eap c The City of Eagan and Dakota County do not guarantee tho accuracy of this Information. 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JACOBSON D G N,ADWG k MFG, PRELIMINARY SUBDIVISION DG WELDING ~•a ENGINEERS & SURVEYORS Am,: w, ulca.l De-,, FIRST ADDITION C- s..... 3265 sa DA- PLAN EAGAN, MN Cegn, lYf 55111 RECEIVED AUG 2 8 2007 4n) ,F., wp ;rte WELDING FIRST ADDITION ~ s/•!'t ~ e r 1 Ah~... 7~ t ,t`•t..- l ~ t r R` J~ - 1 I e, 1'4'4.: I } °sf a Fl, - - - - - - - - - - --v- , } !;i 1Y }t z j) •i I -~eT•z1- ~ A~ [ Z .17M VA -'E -E ~ n • 21 1 f"fj ~)'rf't' 1 _ a•a \ \ ' _ i - otRm i¢Le.mK ~t ' r,,. , I I I ~ r' ll~ ~ ` t } • ; r l ~ i o ~ o~ mu.vmva h- nn rnL n,tAA,1 `~~e` / i\~} } 1r~~'~`t,f~ t ' .'Qt `i e[c°r, _ ut. ~ ~i / r i .)!I I x Kn .uc Ct i / •`:'.'9. !I~(}!(,3:\yr ` 114 o..n i` S£ e,~;'... 7 /}•R,a i t t [e:mc sor [tr.nnr Z •\TO~~y'.-.~~~.'?':~'`~_. / } / 1 9 - ° w } Ow uu.s' °un .mnLx s® ya ~ P" ~ (/~)1(•-tifi f ~I 1~ ~ ~ / ..'N. ..14.1 C➢a.r•Csnlr u ic= ! r / ' ter' / _ I ` _ 'fr ::.i i'.'. vv.,.. u. • fie, , W Lor, / / - Bl°rSL i ....4 7 r '°.f4.t 4'%f.;! . - / e , L~> I « ' Ra,u ..n. msrw nv, / 'Uf0 UE~ - .1 m.ouurR - rLe n,r nmRU.t n x. can.a >Y lai USt<jtAL PARK % / , " .*~h;~ / - e,oor r. rur uL r.arsm.u Run roLSr rr,nm. / I t• ~ ~ / aLV.ro.. xzm / i ! C I y'~! i ti ~ L >I unnrs aaw urc raiRCn++t[ toc.no.. cu / ' ' ~ o r )1 I ~ ~ • , i. / ~ ~ ` ._^l^ ~ LORr1.71 StiK oK C.LLL At an fCn At2 uiuIIi GS • ~ % ' ' do ~ ~ n 1 'I ~ / _ i [ILCfRGt W_ xr unman 7.~ r-rLKA 6-Pfcd1 ra e L>C+V°n6t W-n / ~ ~ ~ \ \ : ! r r ! ( ' rnn.r rum - .a rm \ i m , r ' a sit r.m . xyr¢, ~ a1~a ~ ~ !,r , J, ...y 4 ~ 1 ~;d, ~ ~ •j _ - y Run ,uo - . I - H,w~ [r L.ic.n xKn R +na [,romo.o ~ _ 1- -"k:`. alkr ~ • awcnr RRp.[CI i~ .s-emr runs o+T9 s.r. ~.vr m➢.n inn •r: ,.v. cvnavK a on..wcl ua~c nK nan.uar L.srLRLT .c! ^ ar „1 ( ~ / / ~v~ ~ / ru v ne xur uL n➢u.TeN, rux n.t. no run \ [xW~C [sit>nK iwtur 2Kn U2 J n no Ktt.vmx Csxr m. 4K ~ ej i1f [AS1HL 7K m.l awi ur'RpLU.mr 20 ROKS f ` / \ • u / \ fBa1R Tai [ST•K nL:nr RL9 91L ➢.Yarr / _ , \ / vl usaarium. tx➢ vwnc...r mas iLR .~~i rcxouur-rare. \ \ \ ` JACOBSON 0 G OG WELDING ENGINEERS & SURVEYORS Arttr cU'.'mi..dT l." EXISTING CONDITIONS FlRST ADDITION 2 viw. 3165 Sun Ni_ PLAN EAGAN. IAN " _ E.g- 11 55111 wrr.L u ran uR-.,. RECEIVED AUG 2 8 2007 jq WUDING 8. pm..190ee' 3265 Sun Drive Eagan, MN 55121 651-688-2358 Fax 651-688-2466 The proposed subdivision, DG WELDING FIRST ADDITION, comprises of a lot line adjustment between Lot 1, Block 1, BACHMANS EAGAN ADDITION and Lot 1, Block 1, TAN ME INDUSTRIAL PARK. Approximately 2.2 acres will be divided from the BACFEV ANS EAGAN ADDITION property and added to the TAN ME INDUSTRIAL PARK. property. No development of the proposed lots is planned at this time. Therefore, the preliminary site layout, preliminary grading/drainage/erosion control plans, preliminary utility and street plans, preliminary landscape plan, and tree preservation plan will be omitted fi°om the submittal per the City of Eagan. n RECEIVED AUG 2 U 2007 STEEL FABRICATORS • STAIRWAYS • RAILINGS - PROTOTYPES • CUSTOM MANUFACTURING HELIARC • WIRE FEED • PORTABLE • PRODUCTION SAWING • REPAIRS I gDi rn 1. 010-25 STATE OF MINNESOTA 032-D1 IBLE TER NAL I D \ 3 1 I~ ( I ~ 011-06 m rm.» l / r - f 00 01 031-01 f a , ~ f' rr ' mo-oz "oll f CITY OF EAGAN PROPOSED PROPERTY y u \ BOUNDARY OF L NEW PLAT DG WELDING 1ST ADDN . BPWHMANS EA \ POD. 1 1 2 CITY OF EAGAN ^W BO FT. ACCESS 1 EASEMENT onfi0 ;1 Y t R DUST I P RK • D2 IBLE Q 1 m 33-02 061-01 V 030-~2 NMF~NOLSrRO 1 2 ayRk 2 »L, 3 J 1 l 5 2 USTRIAL PARK PL l PCRES TER 1,1`1P~~EY 1, ACCESS ESMT. 111 ,1 Ii .I ~VI, ~1 II,11 \T CITY OF APPLE VALLEY 7 11 BENEFITING 082-02 1 PROPERTY '11' 111 11! '1 1 1) 111 SIKEY TEEM-L SPARK w+ r V 1'1 11 1 1 1 11 1 :1 1 :1 1~ TRA Po A ICAAOOITa e 1 1 1 It 1, 1 1 1 '1: 1 II , / O~ oe1-02 11 II ; `'1 '1' 111 11 tl X111, ! ~~~P + ~2~j l 1 1 1 FROG-' 1 d `11,1 yl i'+111 01 1 1 II ~ 1 1 11 1 1 ! ! ' ~1 1 1. R~V~ Lor A .1,ew„r 1 1 II' 1'1' f,' 1' I oR~ ~ / 1 Agenda Information Memo January 15, 2008 City Council Meeting VIII. NEW BUSINESS A. CHARTER COMMISSION APPOINTMENTS ACTION TO BE CONSIDERED: To appoint seven persons to the Eagan Charter Commission to fill'the seven terms expiring March 30, 2011. FACTS: • Per the direction of the City Council at the December 3, 2007 City Council meeting, openings were advertised for positions on the Eagan Charter Commission. • Notice of the Council's intent to fill the open positions was published in the City's legal newspaper and was also posted on the City's website. • The deadline to submit applications was December 19, 2007. • The City received twenty four (24) applications. • To be consistent with the City's advisory commission appointment process, background checks were completed by the Eagan Police Department on all applicants. All of the background checks came back clear. • Per the direction of the Council, the interview process was scheduled in the same manner done so for advisory commissions, meaning that each applicant received a letter from the City inviting him/her to a 10-minute interview with the City Council. • The Council interviewed twenty (20) applicants on Tuesday, January 8, 2008. • Enclosed is a ballot containing the names of the twenty four (24) applicants, and it is noted who did not attend an interview with the Council. • It is the City Council's policy for advisory commission appointments that if there is a "stalemate" after three rounds of voting on a specific term of appointment, the Mayor has the authority to make the appointment. It is up to the City Council whether to utilize this same policy for appointments to the Charter Commission. • It has also been the City Council's policy that an applicant must receive at least three votes (majority of the Council) in order to receive an appointment. • The City Council can appoint up to a total of seven people to serve on the Charter Commission including one or two City Councilmembers, as previously discussed. The balance of the appointments would come from the list of 24 applicants. • The ballot contains two blank spaces should the Council wish to "write in" one or two members of the City Council, if any members of the City Council continue to be interested in serving on the Charter Commission. • Following the Council's seven appointments, Judge Macklin will be notified of the City's appointments, and each appointee will have thirty days to file an oath of office at the Dakota County Courthouse. • Letters will be sent to those who are appointed, notifying them of their responsibility to file an oath of office at the Dakota County Courthouse. Letters will also be sent to those who are not appointed, and they will be notified of current vacancies on the City's advisory commissions, should they wish to apply. l~T ATTACHMENTS: • Enclosed on page is a copy of the ballot that will be distributed at the January 15 meeting. • Enclosed on page ) o ` is a sample oath that appointees to the Charter Commission will need to sign and file at the Dakota County Courthouse within 30 days of appointment. • Enclosed on page)RR is an Order that the City will need to complete and forward to Judge Macklin, the Court Administrator, and the Chair of the Charter Commission once the Council has made their seven appointments. The order specifies the terms that the City's appointments will be replacing. l~ Ballot # Initials CHARTER COMMISSION APPOINTMENT BALLOT JANUARY 15, 2008 Mark Applicant selection with an «X» Ted Wachter Robert Hafvenstein Joe Bari Jerry Swanson Rob Wills Wayne Gilbert* Ted Schneider Pat Anderson Debra Repya Dan Wolter Shawn Hunter Carolyn Kosek Michael Huber Henry Jandewerth Tom King Ryan Flugaur Ronald Kimmel Steven Mueller Ryan Bronson Daniel Keeley Bruce Anderson Pat Geagan* * Michael Awada* * Laffy (withdrew application) *Did not attend scheduled interview **Did not have an interview scheduled due to a previous commitment. STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Court File No. C5-00-9967 In Re the Appointment of New Members of the Eagan Charter Commission ACCEPTANCE AND OATH hereby accepts the appointment I)v the Name District Court to the Eagan Charter Commission. Affiant does solemnly affirm to support the Constiwtloii of the United States and of this State and to faithfully perform and discha t- c the d U t i cs as a meal-iber of the Eagan Charter Commission to the best of his or her judjmient itid ability. Dated: Signature Subscribed and sworn to before me this day of 2008. Notary Public /F7 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Court File No. C5-00-9967 In Re the Appointment of New Members of the Eagan Charter Commission ORDER IT IS HEREBY ORDERED that the following individuals are appointed to the Eagan Charter Commission: Term ending March 30, 2011 Replacing Kristin E. Lail Name Term ending March 30, 2011 Replacing R. Douglas Olson Name Term ending March 30, 2011 Replacing Jeff Gregory Name Term ending March 30, 2011 Replacing Robert Kane (open) Name Term ending March 30, 2011 Replacing Arthur Seaburg (open) Name Term ending March 30, 2011 Replacing Eric Hedtke (open) Name Term ending March 30, 2011 Replacing Jon R. Felde (open) Name IT IS FURTHER ORDERED that the City Clerk send a copy of this Order to the Chief Judge of the First Judicial District; the Dakota County Court Administrator; the Chairperson of the Eagan Charter Commission and the appointees. Dated: BY THE EAGAN CITY COUNCIL: Mike Maguire Its: Mayor Maria Petersen Its: Clerk leg AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JANUARY 15, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Consider Resolution to Authorize the Use of Eminent Domain for 3815 Nicols Road E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement with U.S. Home for the Acquisition of the Former Gonyea Property on Cedar Grove Parkway (PIN 101352001000) F. OTHER BUSINESS 1. EDA Organizational Business G. ADJOURN x 1 Agenda Information Memo Eagan Economic Development Authority Meeting January 15, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 3, 2008 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the January 3, 2008 EDA meeting on pages I q 1-1 G tv MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 3, 2008 A meeting of the Eagan Economic Development Authority was held on Thursday, January 3, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commissioner Tilley and Commissioner Bakken. 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 Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the minutes of the December 18, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PUBLIC HEARING TO CONSIDER USE OF EMINENT DOMAIN TO ACQUIRE THE BERNSTEIN/PERWIN PROPERTY LOCATED AT 3815 NICOLS ROAD Community Development Director Hohenstein discussed the proposed use of eminent domain to acquire the Bernstein/Perwin property located at 3815 Nicols Road. President Maguire opened the public hearing. There being no public comment, he turned discussion back to the Commission. The public hearing will remain open until the January 15, 2008 meeting. Commissioner Carlson moved, Commissioner Fields seconded a motion to direct the City Attorney to prepare findings authorizing the use of eminent domain to acquire the Berstein/Perwien Property located at 3815 Nicols Road. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT FOR U.S. HOME - GONYEA PARCEL Community Development Director Hohenstein discussed the proposed acquisition of the former Gonyea parcel from U.S. Home. He recommended that consideration of the purchase agreement be continued to the January 15 EDA meeting. ~ ~'1 Commissioner Carlson moved, Commissioner Bakken seconded a motion to continue consideration to adopt a resolution to approve a purchase agreement and related documents for the acquisition of the former Gonyea Parcel (PIN 10 13 5200 10000) from U.S. Home to the January 15 meeting. Aye: 5 Nay: 0 SOUTHEAST EAGAN REDEVELOPMENT DISTRICT SET DEADLINE FOR CERTIFICATION Community Development Director Hohenstein discussed the need for a deadline for the completion of certification of the Southeast Eagan TIF District. Commissioner Fields moved, Commissioner Tilley seconded a motion to set a deadline of April 15, 2008 for the completion of certification of the Southeast Eagan TIF District. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. Meeting was recessed at 7:40 to convene a closed session. ADJOURNMENT By acclimation, the meeting was adjourned at 8:10 p.m. Date Thomas Hedges, Executive Director ~q Agenda Memo Eagan Economic Development Authority Meeting January 15, 2008 1. RESOLUTION TO AUTHORIZE THE USE OF EMINENT DOMAIN TO ACQUIRE THE BERNSTEIN/PERWIN PROPERTY LOCATED AT 3815 NICOLS ROAD ACTION TO BE CONSIDERED: To close the public hearing and approve (or deny) the findings of fact, conclusions and resolution to authorize the use of eminent domain to acquire the Bemstein/Perwien Property located at 3815 Nichols Road. FACTS (New information in bold): ➢ The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Project Area. To date, significant work has been done with the core area and the City recently authorized use of eminent domain to acquire the fourteen remaining properties necessary to control the redevelopment of the core area. ➢ In addition to the redevelopment of the core area, the City as part of the redevelopment plan, has also sought to redevelop the northeast area of the redevelopment district (north of Highway 13). ➢ To facilitate the redevelopment, the City and the EDA entered into a preliminary redevelopment agreement with United Properties Investment, LLC (hereinafter "United") dated September 28, 2004 (hereinafter the "Redevelopment Agreement") for exclusive redevelopment rights of certain properties within the northeast area of the redevelopment district. ➢ In the Redevelopment Agreement, the property owned by Robert L. Bernstein and Edmund A. Perwin (a/k/a B-P, a Texas co-partnership), legally described as follows: That part of the North half (N1/2) of the Northwest Quarter (NW 1/4) of Section Nineteen (19), Township Twenty-seven (27), Range Twenty-three (23), Dakota County, Minnesota described as follows: Beginning at the Northeast (NE) corner of said North half (N /z); thence South along said East line 513.9 feet; thence deflecting to the right 90 degrees 20 minutes 491.5 feet; thence deflecting to the right 44 degrees 50 minutes 215.0 feet; thence Northwesterly to a point on the North line of said North half distant 847.0 feet from said Northeast corner; thence Easterly along said North line to the point of beginning. Excepting that part of the above described tract lying Easterly of the Westerly line of Cedar Avenue (State Highway No. 36) also excepting the following described 1q5 tract; beginning where the Southwesterly line of Cedar Avenue intersects the North line of said Section Nineteen (19); thence West along the North line of said Section Nineteen (19), 353 feet; thence Southeasterly 204 feet to a point 240.4 feet Southwesterly from the point of beginning; thence Northeasterly 240.2 feet to the point of beginning. (hereinafter the "Property") was identified as a property necessary to carry out the redevelopment of the northeast area contemplated by the redevelopment plan and further discussed in the Redevelopment Agreement. ➢ United has been unsuccessful in its attempts to acquire the Property through direct negotiation. ➢ The 2008 amendments to the eminent domain law have created an exception to allow for the use of eminent domain for tax increment financing districts that were certified and adopted before February 1, 2006. The Cedar Grove TIF District meets these qualifications. ➢ The deadline for the Cedar Grove TIF District to meet the eminent domain exception requires the City to commence the action prior to February 1, 2008. ➢ To satisfy the statutory requirements, the City and the EDA published the notice of the hearing in the City's legal newspaper on December 22, 2007. It also sent notice of the hearing to the owners by first class mail on December 21, 2007. ➢ It was subsequently discovered that the owners of the property have moved to a new location and the address in the City and County records had not been updated to reflect the new address. As a consequence, notice was remailed to the new business address on December 27, 2007. While this does not create a defect under state law, in order to give the owners sufficient time to receive, review and consider a response to the notice, staff recommends that the public hearing be held open until the January 15, 2008 EDA meeting. ➢ At its meeting of January 3, 2008, the EDA opened the received a presentation of the background regarding the relationship of the property at 3815 Nicols Road to the proposed redevelopment of North District of the Cedar Grove Redevelopment District. The EDA opened the public hearing and, receiving no comments, took action to hold the hearing open until the Authority meeting of January 15, 2008 and to direct the preparation of Findings of Fact, Conclusions and Resolution to authorize the use of eminent domain for the acquisition of the property if a negotiated acquisition cannot be achieved. ATTACHMENTS: ➢ Location map on page ➢ Finding of Fact on pages 1(9 through IG -2- c d~ ® I . i Perwin/Wingfoot Properly J G SilverZ&II;FW United/North,District Properties N om' u v d~ Cedar,-Grove Reolevelopmen t~A°rea `J 0 ~ ro r . ~ z s o: I~ z i 0 325 650 1.300 Feet C4 of Eapn Cedar Grove Redevelopment Area PerwinMingfoot Site and United North District Development Properties IqS BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Condemnation of Certain Property FINDINGS OF FACT, Located in the Cedar Grove Redevelopment CONCLUSIONS AND Project Area and Tax Increment Financing RESOLUTION District No. 1 This matter came before the Eagan Economic Development Authority (the "EDA") for a public hearing at its meeting of January 3, 2008. The hearing was left open until January 15, 2008 to receive additional comment. The EDA received and considered public comment; input from City staff; the Redevelopment Plan; the tax increment financing plan; and the Redevelopment Eligibility Assessment; together with all existing files, records and prior proceedings and material as presented to the EDA. Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Project Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax `-e Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections 469.090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"). 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment District. The TIF Plan was certified on July 22, 2003. 4. The adoption of the Redevelopment Plan and the TIF Plan conforms in all respects to the requirements of the Acts and will help fulfill a need to redevelop an area of the City which is already built up, and help correct conditions that allow designation as a redevelopment district under Minnesota Statutes, Section 469.174, including, but not limited to: acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution or contaminants; acquiring adjacent parcels necessary to provide a site of sufficient size to permit development; demolition and rehabilitation of structures; clearing of the land; the removal of hazardous substances and remediation necessary for development of the land; and the installation of utilities, roads, sidewalks, and parking facilities for the site 5. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 1~7 2 6. The EDA and the City have entered and will likely enter into development agreements with developers in furtherance of the TIF Plan and in accordance with the City's plans for the redevelopment of the Redevelopment District. 7. General facts concerning the Redevelopment District are as follows: • Short Elliot Hendrickson, Inc. (SEH) was hired by the City to survey, evaluate and perform an analysis of properties (the "Redevelopment Eligibility Assessment") in the Cedarvale/Cedar Grove commercial area on the east side of Cedar Avenue/Hwy 77 at its intersection with Hwy 13. A true and correct copy of the map showing the area is on file in the Eagan Community Development Department and is incorporated herein by reference. • On September 28, 2001, SEH prepared the Redevelopment Eligibility Assessment, a true and correct copy of which is on file in the Eagan Community Development Department and incorporated herein by reference, finding that properties within the Redevelopment District met the standards necessary under Minnesota statutes to qualify as a redevelopment Tax Increment Financing District. • The Redevelopment Eligibility Assessment found that the TIF District consists of 88 parcels. At least 70 percent of the area in the parcels in the TIF District are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50 percent of the buildings in the TIF District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance, and in particular, properties within the Redevelopment District were found to have the following Code deficiencies: 6~!? 3 o Heating, ventilation, and cooling systems; o Electrical systems; o Energy Code compliance; o General egress, construction and accessibility; and o Fire protection systems; In addition, the following Systems Condition deficiencies were observed and found to exist: o Structural and construction type; o Maintenance; o Zoning; o Condition and appearance; and o Useful life. • One purpose for the TIF District under the TIF Plan is to replace an obsolete regional shopping center and to provide new life-cycle housing options for existing Eagan residents, as well as to enhance the public transportation infrastructure by correcting a number of traffic problems within the TIF District. • The TIF Plan makes a finding that but-for creation of the TIF District, the intended redevelopment activity would not happen. 9. To facilitate redevelopment of the core area of the Redevelopment District, the City commenced a condemnation action in Dakota County District Court, Eagan Economic Development Authority v. Minnesota's Credit Union, et. al., Court File No. CX-07-30126, to acquire the remaining fourteen properties necessary to carry out the redevelopment of the core area. In addition to the redevelopment of the core area, the City also, as part of the 4 1 (~q Redevelopment Plan, sought to redevelop the northeast area of the Redevelopment District (northeast of Highway 13). 10. To facilitate this redevelopment, the City and the EDA entered in a Redevelopment Agreement with United Properties Investment, LLC (hereinafter "United") dated September 28, 2004 (hereinafter the "Redevelopment Agreement"), for exclusive redevelopment rights to certain properties within the northeast area of the Redevelopment District. 11. In the Redevelopment Agreement, the property owned by Robert L. Bernstein and Edmund A. Perwien (a/k/a B-P, a Texas co-partnership), legally described as follows: That part of the North half (N1/2) of the Northwest Quarter (NW '/4) of Section Nineteen (19), Township Twenty-seven (27), Range Twenty-three (23), Dakota County, Minnesota described as follows: Beginning at the Northeast (NE) corner of said North half (N %2); thence South along said East line 513.9 feet; thence deflecting to the right 90 degrees 20 minutes 491.5 feet; thence deflecting to the right 44 degrees 50 minutes 215.0 feet; thence Northwesterly to a point on the North line of said North half distant 847.0 feet from said Northeast corner; thence Easterly along said North line to the point of beginning. Excepting that part of the above described tract lying Easterly of the Westerly line of Cedar Avenue (State Highway No. 36) also excepting the following described tract; beginning where the Southwesterly line of Cedar Avenue intersects the North line of said Section Nineteen (19); thence West along the North line of said Section Nineteen (19), 353 feet; thence Southeasterly 204 feet to a point 240.4 feet Southwesterly from the point of beginning; thence Northeasterly 240.2 feet to the point of beginning. (hereinafter the "Property") was identified as a property necessary to carry out the redevelopment of the northeast area contemplated by the Redevelopment Plan and TIF Plan and further discussed in the Redevelopment Agreement. 5 C~ M 12. United has advised the City that it has invested approximately $1,000,000.00 to acquire adjacent property and has presented the City with conceptual drawings for redevelopment of the area, including the Property. 13. United has been unsuccessful in its attempts to acquire the Property through direct negotiation. 14. The 2006 amendments to the eminent domain law (Minn. Chap. 117) have created an exception to the new requirements. The exception is for tax increment financing districts that were certified and adopted before February 1, 2006 which district identified properties as intended to be acquired. The Cedar Grove TIF District meets these qualifications. 15. Under the TIF requirements, to be eligible for TIF reimbursement, expenditures need to be made within five years of certification of the district. The deadline for eligible expenditures in the Cedar Grove TIF District is July of 2008. 16. The City must approve the use of eminent domain by the EDA. 17. The City and the EDA published in the requisite legal newspaper the Notice of Hearing on December 22, 2007, which is no more than 30 days nor less than 10 days prior to the hearing by the EDA to consider acquisition of the Properties identified above and below by exercise of the EDA's powers of eminent domain. 18. The EDA sent the Notice of Hearing to the respective Owner of the Property, by first class United States mail on December 21, 2007, which is no less than 10 days prior to the hearing by the EDA to consider acquisition of the Property by exercise of the EDA's powers of eminent domain. Additional notices were given by email. City staff also spoke with Edmund Perwien, one of the owners of the Property and advised him of the time and location of the hearing. ~nl 6 CONCLUSIONS 1. The City, by adoption of an enabling resolution in compliance with the procedural requirements of Minnesota Statute Section 469.093, established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The Redevelopment District, within which the Property is located, is blighted, (i.e. more than 50 percent of the buildings located in the Redevelopment District were structurally substandard.) The Property is necessary to carry out the Redevelopment Plan and the redevelopment of the Redevelopment District will lead to substantial economic development. 3. The redevelopment of the Redevelopment District is proper and desirable and has helped eliminate structurally substandard buildings in an area of blight, modernize outdated and incompatible buildings, increase the tax base and employment and further the City's ultimate objective of creating an economically viable Redevelopment District. 4. In order to make the northeast area of the Redevelopment District suitable and available for economic development uses and purposes, the EDA needs to acquire the Property. 5. The Property to be acquired by the EDA is, to wit: PIN# 10-01900-020-25 located at 3815 Nicols Road, Eagan, MN 55122 and legally described as: That part of the North half (N1/2) of the Northwest Quarter (NW '/4) of Section Nineteen (19), Township Twenty-seven (27), Range Twenty-three (23), Dakota County, Minnesota described as follows: Beginning at the Northeast (NE) corner of said North half (N thence South along said East line 513.9 feet; thence deflecting to the right 90 degrees 20 minutes 491.5 feet; thence deflecting to the right 44 degrees 50 minutes 215.0 feet; thence Northwesterly to a 7 ate, point on the North line of said North half distant 847.0 feet from said Northeast corner; thence Easterly along said North line to the point of beginning. Excepting that part of the above described tract lying Easterly of the Westerly line of Cedar Avenue (State Highway No. 36) also excepting the following described tract; beginning where the Southwesterly line of Cedar Avenue intersects the North line of said Section Nineteen (19); thence West along the North line of said Section Nineteen (19), 353 feet; thence Southeasterly 204 feet to a point 240.4 feet Southwesterly from the point of beginning; thence Northeasterly 240.2 feet to the point of beginning. 6. The Property is needed for public use and public purpose and the use of eminent domain is necessary in furtherance of the northeast area of the Redevelopment District. RESOLUTION The EDA does hereby resolve that acquisition of the Property, to wit: PIN#10-01900- 020-25 located at 3815 Nicols Road, Eagan, MN 55122 and legally described as: That part of the North half (N1/2) of the Northwest Quarter (NW 1/4) of Section Nineteen (19), Township Twenty-seven (27), Range Twenty-three (23), Dakota County, Minnesota described as follows: Beginning at the Northeast (NE) comer of said North half (N '/z); thence South along said East line 513.9 feet; thence deflecting to the right 90 degrees 20 minutes 491.5 feet; thence deflecting to the right 44 degrees 50 minutes 215.0 feet; thence Northwesterly to a point on the North line of said North half distant 847.0 feet from said Northeast corner; thence Easterly along said North line to the point of beginning. Excepting that part of the above described tract lying Easterly of the Westerly line of Cedar Avenue (State Highway No. 36) also excepting the following described tract; beginning where the Southwesterly line of Cedar Avenue intersects the North line of said Section Nineteen (19); thence West along the North line of said Section Nineteen (19), 353 feet; thence Southeasterly 204 feet to a point 240.4 feet Southwesterly from the point of beginning; thence Northeasterly 240.2 feet to the point of beginning. is necessary to carry out the Redevelopment Plan within the Redevelopment District. 8 2 bz The City staff, the EDA's advisors and legal counsel are authorized and directed to acquire the Property through the power of eminent domain. Dated at Eagan, Minnesota this day of , 2008. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director 9 0 Agenda Memo Eagan Economic Development Authority Meeting January 15, 2008 1. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE PURCHASE AGREEMENT FOR U.S. HOME-GONYEA PARCEL ACTION TO BE CONSIDERED: To adopt a resolution to approve a purchase agreement and related documents for the acquisition of the former Gonyea Parcel (PIN 101352001000) from U.S. Home. FACTS (New information in bold): • As a part of the redevelopment of the Cedar Grove Redevelopment District, the City approved a concept plan presented by Delta Homes and a development agreement for the redevelopment of properties south of Cedar Grove Parkway. The project was subsequently purchased and assigned to U.S. Home. • The company proceeded under the original development plans, but ceased construction of condominium units when the market for that product flattened • The company approached the City to propose a revised development plan and, as an outcome of negotiations, on November 5, 2007, the EDA authorized a settlement under which U.S. Home would make development applications for an amendment of the project to construct 118 additional row homes on property on the eastern portion of the site and sell the City the former Gonyea parcel on the western portion of the site. The City would assemble the Gonyea parcel with four parcels it acquired previously to create an eight acre development parcel to be made available to a third party developer. • While the developer prepares revised plans for its development applications for the eastern site, they have asked whether the City would be prepared to move forward with the acquisition of the Gonyea parcel at this time. • Staff and the City reviewed the request and have determined that it will not limit the City in its consideration of the remainder of the settlement elements and would allow the City to take ownership of the parcel sooner and begin exploring alternative development options for it. • At its meeting of January 3, the EDA continued this item to the meeting of January 15, because the seller's attorneys had not completed their review of the agreement. We are advised that the review continues. • Unless an executed copy of the agreement is received in time for action at Tuesday's meeting, additional information to that effect will be distributed. If not, staff will request that the item be continued indefinitely. ATTACHMENTS: • Area map on page 'Ve • Resolutions on pages • Purchase Agreement and related documents available upon request. C / j ell 1 .t I~ ~ ~ , ~ ~ ~----fir ~ ~ r~-;~~ ' , ~ j ~F r n1~ f~HltfHrHH ~tn~n~fl1t111tj11 / \ ~bnver.Bell:Rd ~►=f~ A Cedar-Grove Pe-development-Area i IT7 q Subject Parcel F~ill~lllz I 0 325 650 1.3D I Feet 94 of Eap Cedar Grove Redevelopment Area US Homes (former Gonyea) Subject Property Outlot A, Beau De Rue Plat QO(O CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR U.S. HOME-FORMER GONYEA PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for the U.S. Home property located on Cedar Grove Parkway (PIN 101352001000), in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 15'h day of January, 2008. Maria Petersen, City Clerk c~07 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR U.S. HOME-FORMER GONYEA PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for the U.S. Home property located on Cedar Grove Parkway (PIN 10 13 5200 1000), in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 15`h day of January, 2008. Jon Hohenstein, Secretary/Deputy Executive Director O?s Agenda Information Memo Eagan Economic Development Authority Meeting January 15, 2008 1. ORGANIZATIONAL BUSINESS a. Election of Officers ACTION TO BE CONSIDERED: To elect/appoint officers of the Eagan Economic Development Authority. FACTS: • As a part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary/Deputy Director. • In 2007, the officers of the Authority were as follows: President: Mike Maguire Vice President: Peggy Carlson Treasurer: Paul Bakken Executive Director: City Administrator Tom Hedges Secretary/Deputy Executive Director: Community Development Director Jon Hohenstein b. Amend By-Laws to Modify Standard Agenda ACTION TO BE CONSIDERED: To approve or deny an amendment of the EDA by-laws to add a consent agenda to the standard EDA agenda format. FACTS: • The EDA By-Laws define the standard EDA agenda format. The current format does not include a consent agenda. As such, certain routine items are placed under the old or new business categories rather than being placed on a consent agenda. • The EDA agenda is relatively short in most cases, so the absence of a consent agenda would not typically extend meetings a substantial amount, but it is an option the EDA may implement to streamline its agendas, if it wishes to implement it. c. 2008 Meeting Schedule - No Action Necessary FACTS: • Under its bylaws, the Eagan Economic Development Authority's regular meetings are scheduled to coincide with the regular meetings of the City Council. • At its meeting of December 1, 2003, the EDA confirmed the meeting schedule defined in the bylaws and adopted a mechanism by which the Authority may cancel such meetings as a part (W)l of the adoption of the City Council agenda if no EDA business is in order on that date. Staff is recommending that this schedule and process continue for 2008. c. Single Action for EDA and Council Resolutions - No Action Necessary FACTS: • In 2004, the City Council also adopted a process by which the actions that are required to be taken by both the City Council and the EDA can be accomplished through a single motion. Under this process, the Council meeting remains in session (does not recess) when the EDA meeting is convened. For each business item that requires an action by both the EDA and the Council, two resolutions are included in the background and one motion by the Council, also hearing the item as the EDA, approves both resolutions. At the completion of the EDA Business items, the EDA meeting is adjourned and the remainder of the Council meeting is completed.