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12/02/2002 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 2, 2002 6:30 P.M. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS 1. Sam's Club - Safe Neighborhood Heroes Grant IV. CONSENT AGENDA 4 A. APPROVE MINUTES -J B. PERSONNEL ITEMS -DA C. CHECK REGISTERS .23D. APPROVE 2003 Trash Hauler License Renewals E. APPROVE 2003 Tobacco License Renewals F. APPROVE Renewals of Existing Liquor Licenses for 2003 a 9 G. RECEIVE Draft Feasibility Report and Order Public Hearing for Project 882 (Crestridge Lane - Street Improvements) 'Q H. RECEIVE Petition and Order Public Hearing for Easement Vacation (Lot 2, Block 5, Wilderness Run 46 Addition) ,S11. APPROVE Final Payment and Authorize City Maintenance for Contract 02-01 (Beacon Hill, Brittany Additions, Johnny Cake Ridge Addition, Covington Lane - Street Improvements) lu J. APPROVE Final Payment and Authorize City Maintenance for Contract 01-09A (City-Wide Storm Sewer lift Station Rehabilitation) 33 K. APPROVE Change Order No. 2 for Contract 02-11 (Dodd Road South - Street & Utility Improvements) VP L. APPROVE Change Order No. 1 for Contract 02-13 (July 2000 Storm Mitigation - Storm Sewer Improvements) M. ACKNOWLEDGE receipt of land dedication gift to the City (Outlot A, Mari Acres 2nd Add.) N. AMEND 5 year CIP (2003-2007) 4a O. DIRECT Staff to Initiate Code Amendment to Allow Currency Exchange Operations b P. ACCEPTANCE of a Grant for $4200.00 from the Minnesota Department of Public Safety 5 0-\ Q. APPROVE Single Beverage Provider for Eagan Community Center V. 6:30 - PUBLIC HEARINGS 54 A. 2003 GENERAL FUND BUDGET AND TAX LEVY - Truth - in -Taxation Hearing 5,5 B. VARIANCE. All American Recreation. A Variance request of 170 square feet to the 25 square foot total size standard for two temporary sign banners and a Variance on the length of time the temporary banners may be posted for property located at 3820 Sibley Memorial Highway in the NE'/. of Section 19. 1 _LL C. PROJECT 764R, Selmark, Harvey, Burrview Acres Additions (Street Improvements) ci D. PROJECT 851, Town Centre Area (Street & Traffic Management Improvements) 161 E. PROJECT 875, Lexington Place/Lexington Place South Additions (Street Improvements) F. PROJECT 876, Drexel Heights Addition (Street Improvements) G. EASEMENT VACATION, Vacate Public Drainage and Utility Easement (Blackhawk Plaza - Lot 3, Block 1) VI. OLD BUSINESS w.a A. VARIANCE - Gun Club - Continued from November 19`" City Council meeting 3 B. FINAL REDEVELOPMENT AGREEMENT - Delta Development, Inc. (Cedar Grove Redevelopment Area) C. WETLAND MITIGATION PLAN - Gift of Mary &4,-713. CONDITION MODIFICATION - Preliminary Planned Development - Gift of Mary , 7a E. FEASIBILITY REPORT - Authorization for preparation of a Feasibility Report for Project 884 (Borchert Lane - Street Improvements) VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - PEANUT'S PLACE. A Planned Development v Amendment to allow a weekday dog daycare on Lot 4, Block 1, Town Centre 100 Sixth Addition, located at 1248 Town Centre Drive in the NW '/4 of Section 15. B. CITY COMMENTS Related to Environmental Assessment Runway 17 Departure Procedures VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads aqI X. ECONOMIC DEVELOPMENT AUTHORITY XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION 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. ? r .Jti MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 29, 2002 SUBJECT: AGENDA INFORMATION FOR DECEMBER 2, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 2, 2002 City Council agenda, the following items are in order for consideration. AGENDA MEMO December 2, 2002 RECOGNITIONS AND PRESENTATIONS: SAM'S CLUB - SAFE NEIGHBORHOOD HEROES PROGRAM A representative of Sam's Club will be making a presentation regarding a donation that will be made to the Police and Fire Departments. ATTACHMENTS: Attached as page 5 is information regarding the Safe Neighborhood Heroes Program. cz--C FROM :SAM'S CLUB 4738 FAX NO. :6514058255 Nov. 27 2002 12:45PM P2 Safe Neighborhood Heroes Safe Neighborhood Heroes 2002 Program Guidelines Page 1 of 1 What Is the Safe Neighborhood Heroes Grant? Safe neighborhoods and communities are important to all of us. The Safe Neighborhood Heroes Grant is a $1,200 grant that is available to all field locations (Wal-Mart, SAM'S CLUBS and DCs) to be used in support of local Police, Fire, Rescue and EMS organizations. How to apply: The application for this program will be available online beginning May 1, 2002. The online process is identical to other onlins programs, such as Matching/Bonus Grants, Grandparents' Day, etc. (Distribution Centers and Transportation Offices must FAX their application directly to the Wal-Mart Foundation at 479-273-8850. All other locations must submit their application online,) Annual budget: The Safe Neighborhood Heroes Grant can be designated to multiple organizations, in varying denominations, or to a single recipient. Organizations are NOT required to hold a fundraiser to be eligible for this grant- The annual budget for your location is $1,200. What types of organizations quality? Any local Law Enforcement, Fire, Rescue or EMS organization, that would normally qualify for Matching/Bonus grants can quality for the Safe Neighborhood Heroes Grant. Volunteer fire departments (VFD) may also be eligible, provided they have a 501c3 tax id 5, or can provide a letter from the local city/county government stating that the VFD is a government agency. Examples of programs that would qualify for this funding would be: • Bullet-proof vests for local Police Departments; • K-9 dogs for local Sheriff's Departments • Thermal imaging cameras for local Fire Departments • Fire safety education houses • Jaws-of-i..ife for local volunteer Rescue/EMS Unit. When Is the beat time to award this grant? We encourage the use of a portion of this grant in conjunction with National Safety Month, which is the month of October. (This is a great way to maximize the visibility of this grant.) However, as each community's need is different, the grant may be distributed at any time throughout the year, beginning May 1, 2002. Questions? If you have questions regarding this grant, you should contact the Wal-Mart Foundation Hotline at (800) 530-9925. Last Updated: March 27, 2002 All Material Wal-Mart Stores Inc. Confidential. C 2002. bttp://P.ipchne.wal-mart.com/programs/fotmdation/mh.btm 11/27/2002 3 Agenda Information Memo December 2, 2002 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 November 12, 2002 Special City Council meeting, November 19, 2002 regular City Council meeting, the November 19, 2002 Listening Session and the November 26, 2002 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 12, 2002 Special City Council meeting are enclosed on pages 5 through __e . • Minutes of the' ,N/ovember 19, 2002 regular City Council meeting are enclosed on pages through Lam. • Minutes of the" ovember 19, 2002 Listening Session are enclosed on page • Minutes of the November 26, 2002 Special City Council meeting are enclosed on page /Lo . 4 0 MINUTES OF A 4A SPECIAL CITY COUNCIL MEETING OF THE EAGAN CITY COUNCIL TUESDAY, NOVEMBER 12, 2002 CITY COUNCIL CHAMBERS 5:30 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields, and Tilley. Staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Communications Director Garrison, Director of Parks and Recreation Vraa, Superintendent of Recreation Ashfahl, Water Resources Coordinator Macbeth, Cascade Bay Manager Hunter, and Eagan Convention and Visitors Bureau Executive Director Carlon 1. ROLL CALL AND AGENDA ADOPTION Mayor Awada asked that an update on the Pat McCarthy property be added under Other Business. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt the agenda as amended. Aye: 4 Nay: 0 (Councilmember Carlson was not present for the vote) II. VISITORS TO BE HEARD There were no visitors to be heard. III. TOBACCO-FREE INITIATIVE POLICY/RECOMMENDATION FROM APrC City Administrator Hedges provided background information on the item and asked Director Vraa and Superintendent Ashfahl to present the recommendation from the APrC to the City Council. After presentation of the APrC Tobacco Free Initiative Policy Recommendation, there was considerable discussion about the specific application especially related to enforcement of an ordinance or policy, current athletic association policies and enforcement, and local government's role in this issue. Eagan resident and parent Lynn Deml urged the City Council to take this opportunity to make a statement for youth about healthy life style choices. She noted District 196 Community Education's support for a strong statement to be made. Mayor Awada moved and Councilmember Fields seconded a motion to direct staff to bring a policy modeled after the Eagan Athletic Association policy back to the City Council and to gather additional specific information about how the City of Bloomington has dealt with the issue in their parks and facilities. Aye: 4 Nay: 0 (Councilmember Carlson was not present for the vote) S November 12, 2002 Special City Council Meeting Page 2 IV. REVIEW JP-47 POND/FISH LAKE City Administrator Hedges provided background information on the item. Director Vraa explained the history of the alum-dosing station that started several years ago with a grant for implementation. He noted that there is sufficient evidence that the process works and is effective in removing phosphorus from the storm water entering Fish Lake. He explained that alum-dosing has been suspended until a long-term solution has been arrived at to deal with the sediment accumulation. Mr. Vraa outlined three possible scenarios to address the sedimentation issue including; 1) cleaning out pond JP-47; 2) cleaning out JP-47 and deepening it to provide more storage; and 3) cleaning out JP-47 and building an alum storage basin on the Pat McCarthy property. Option 1 does not provide an enhanced long-term solution as JP-47 will fill up again relatively quickly. Option 2 requires approximately 1.8 acres of wetland mitigation and will basically exhaust the City's existing credits. Option 3 involves property that the City does not own and is impacted by any proposed development of that site creating both timing and cost issues. Water Resources Coordinator Macbeth presented more details on the City's water quality program relating specifically to Fish Lake and the options for dealing with the alum sediment. Councilmember Carlson arrived at 6:23 P.M. Mr. Macbeth noted that the cleaning of JP-47 would best be completed over the winter and excavation work could start in April. However, if it is not possible to complete the work on this schedule, dosing would not restart. Mayor Awada moved and Councilmember Tilley seconded a motion to direct staff to pursue option 3 to allow for a new three cell pond to be developed on the McCarthy property, then to move on to other options, if that could not be accomplished, and to undertake the sediment removal this winter. Aye: 5 Nay: 0 Councilmember Bakken moved and Councilmember Tilley seconded a motion to direct staff to pursue opportunities to add additional wetland credits to the City's wetland credit bank. Aye: 5 Nay: 0 Councilmember Bakken inquired about how the sediment is disposed of and Mr. Macbeth responded that there is no predetermined plan and it would be the excavator's responsibility to properly dispose of the material. The excavator would be retained through an RFP process. I November 12, 2002 Special City Council Meeting Page 3 V. PROPOSED 2003 EAGAN CONVENTION & VISITORS BUREAU BUDGET & MARKETING PLAN Mayor Awada noted that this item would be moved up on the agenda to accommodate those in attendance. City Administrator Hedges introduced the item and provided background on how the budget and marketing plan was prepared and how the new agreement has been implemented in the budgeting process. Councilmember Bakken commented that this was the level of detail he was looking for and had no questions. Councilmember Carlson moved and Councilmember Fields seconded a motion to approve the ECVB budget as presented. Aye: 5 Nay: 0 City Administrator Hedges stated that this budget will be placed on the Consent Agenda on the November 19, 2002 City Council meeting for formal ratification so the ECVB can move ahead with timely advertising commitments for 2003 initiatives. Mayor Awada acknowledged Councilmember Carlson's involvement on the ECVB Board and thanked her for the work on the budget and implementation of the new agreement. City Administrator Hedges distributed a draft copy of the Senior Survey for comment by the City Council and noted the tight turn around time for review. Director Garrison informed the City Council that a more effective method had been discovered for distribution of the survey. The City is obtaining a distribution list of at least 3,200 names for approximately $200. The mailing will be directed to seniors 60 years of age and over. This list will be combined with the City's existing mailing list for distribution of the "Back Porch" publication. Councilmember Carlson commented that there should be more specific questions regarding programming to determine what the Seniors want to do and when they want to do it. Mayor Awada directed the Council to submit specific changes to staff by Thursday. VI. PROPOSED 2003 PUBLIC ENTERPRISE FUND BUDGETS Cascade Bay City Administrator Hedges introduced the Cascade Bay budget and provided overall background on the operation, calling particular attention to the public policy questions included in the packet. The Council consensus was that there was no need to address the cold weather policy as there is more to the business than the bottom line on any particular day such as consistency and satisfying customer expectations. Discussion concerning a rate increase followed with Mayor Awada noting that inflationary increases are expected and cautioning that even though the facility will generate a 2002 profit of approximately $140,000 there will be years when the facility will not make a profit. Councilmember Fields expressed a concern that with increasing costs the facility may become cost prohibitive for families. Mayor Awada again reminded the Council of the expectation placed on staff that it will be run like a business and will pay for itself. She also noted the $1,000,000, 20 year balloon payment due to the Community Investment Fund that is not being directly amortized. Questions about where the annual profits go were addressed and concerns about a natural aging of the facility were addressed. Director 7 November 12, 2002 Special City Council Meeting Page 4 Vraa confirmed that attendance has exceeded original projections each year and explained the weather dependence of the facility commenting that the weatherman not the weather dictates the daily crowds. A question was raised about the personal services section of the budget and more information was requested. City Administrator Hedges noted that no action was required at this meeting and the budget will come back on December 17, 2002 for formal action. Director Vraa and Cascade Bay manager Hunter updated the City Council on their very early exploration of a wave element enhancement. Storm Drainage, Water Quality, Water, Sanitary Sewer, and Street Lighting City Administrator Hedges provided background information on each of these budgets and answered City Council questions. Each budget will be brought back on December 17, 2002 for formal City Council consideration. VII. LMC POLICIES City Administrator Hedges explained the new LMC process for policy adoption as approved at the recent League Conference in Rochester. Councilmembers were asked to forward comments to the City Administrator. VIII. OTHER BUSINESS Councilmember Carlson provided an update on her discussions with Pat McCarthy resulting from a contact initiated by him about how his property can be preserved as open space. Council consensus was that these discussions continue as a fact finding, given the potential for development. IV. ADJOURNMENT The meeting adjourned at 7:45 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (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. P MINUTES OF A REGULAR MEETING OF THE O EAGAN CITY COUNCIL DRAFT Eagan, Minnesota November 19, 2002 A regular meeting of the Eagan City Council was held on Tuesday, November 19, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that a personnel item is being added to the Consent Agenda and the addition of item V, scheduling a Special City Council meeting for December 10, 2002. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Items D and J were removed from the Consent Agenda, item U was continued to a future meeting, and item 0 was pulled for discussion. A. Minutes. It was recommended to approve the minutes of the November 7, 2002 regular City Council meeting, the November 7, 2002 Listening Session and the November 7, 2002 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Shelley Nelson, Clerical Tech III in the Community Development Department. 2. It was recommended to approve the hiring of Michael Sipper as the Building Maintenance Engineer at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated November 7, 2002 and November 14, 2002 as presented. D. Removed. E. Project 885. It was recommended to approve a Traffic Control Signal Agreement for Project 885 (Trunk Highway 55 and Eagandale Boulevard - Traffic Signal Improvements) with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. F. Contract 02-09. It was recommended to approve Change Order No. 1 to Contract 02-09 (Central Parkway-Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. G. Proiect 00-A. It was recommended to acknowledge the completion of Contract 00-A (Oakbrooke 4`h Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. H. Proiect 00-S. It was recommended to acknowledge the completion of Contract 00-S (Orchard Heights Addition - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. 1. Project 01-B. It was recommended to acknowledge the completion of Contract 01-B (Crane Creek Addition - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. J. Removed K. Project 680. It was recommended to receive the Final Assessment Roll for Project 680 (Cliff Road - Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. L. Project 751R. It was recommended to receive the Final Assessment Roll for Project 751R (Dodd Road South - Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. M. Proiect 850. It was recommended to receive the Final Assessment Roll for Project 850 (Dodd Road, Diffley Road to Camberwell Drive - Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. 5 o? Eaten City Council Meeting Minutes N(y ember 19, 2002 VIN 2 DRAFT N. Proiect 862. It was recommended to receive the Final Assessment Roll for Project 862 (Dodd Road, Camberwell Drive to Wescott Road - Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. 0. Pulled for Discussion. Project 874. It was recommended to receive the Draft Feasibility Report for Project 874 (Gift of Mary - Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. P. Change Order #7. It was recommended to approve change order number 7, Eagan Community Center, in the total amount of $84,460. Q. Convention and Visitors Bureau Budget. It was recommended to approve the ECVB budget as presented and discussed at the November 12 Special City Council meeting. R. 2003 Tobacco License Renewals. It was recommended to approve 2003 Tobacco License Renewals for Tobacco Warehouse, Houlihan's, Byerly's, Sam's Club, Joe Senser's Sports Bar, Cedarvale Texaco, Wal-Mart, Cub Foods, Big Top Wine & Spirits, Liquor Shoppe, Casper's Sports Barn, Byerly's Wines & Spirits, MGM Spirits Express, Tobacco Joint, PDQ #214, Duckwood 66, Sid's Discount Liquor, Perrier Wines & Liquors. S. 2003 Trash Hauler Renewals. It was recommended to approve 2003 Trash Hauler License Renewals for: Construction / Demo - Haul Tech, Waste Management; Residential Haulers - Waste Management; Multiple Dwelling / Commercial - Haul Tech and Waste Management. T. September 3, 2002 Minutes. It was recommended to approve a revision to page 5 of the September 3, 2002 City Council minutes. U. Continued. Final Subdivision . It was recommended to approve a Final Subdivision to create nine single family lots on 4.6 acres located at 1470 Englert Road, west of Pilot Knob Road. V. Special Meeting. It was recommended to schedule a special City Council meeting for December 10, 2002. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 0. Project 874. Receive the Draft Feasibility Report for Project 874 (Gift of Mary - Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. A brief discussion was held regarding MnDOT involvement in the project. Councilmember Bakken moved Councilmember Tilley seconded a motion to receive the draft Feasibility Report for Project 874 (Gift of Mary - Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - WEST END HUNTING AND FISHING CLUB City Administrator Hedges introduced this item regarding a request for a variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road. Senior Planner Ridley gave a staff report. Public Works Director Colbert addressed runoff to the wetland area and sanitary sewer availability issues. Mayor Awada opened the public hearing. Quinn Hudson, representing the West End Hunting and Fishing Club stated the Club would be willing to consider paving the parking lot in the future when the gravel road is upgraded and stated they would also be willing to connect to City services when available. Councilmembers and staff discussed future improvement projects for the area and it was agreed that further information is needed before a decision can be reached regarding the requested variance. The applicant agreed to a continuance to the Tuesday, December 2, 2002 City Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Public Hearing to consider a variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road. Aye: 5 Nay: 0 ID Eagan City Council Meeting Minutes D RAF T November 19, 2002 Page 3 IN'tO OLD BUSINESS o ? CONTRACT 00-12, MVTA PARK AND RIDE SANITARY SEWER EXTENSION City Administrator Hedges discussed this item regarding the final payment for Contract 00-12 in the amount of $30,000.00. Public Works Director Colbert explained that the MVTA is requesting the City assume an additional $5,000 of a mediated settlement resulting from a law suit by the contractor for additional incurred costs. Tom Bright of the MVTA discussed the request by the MVTA for the City to share in the additional settlement costs. Councilmembers agreed that the City would not participate in the additional settlement costs to the MVTA. Mayor Awada moved, Councilmember Tilley seconded a motion to approve the final payment for Contract 00-12 (MVTA Park and Ride - Sanitary Sewer Extension) in the amount of $30,000.00 to Design Excavating, Inc., accept the improvements for perpetual City maintenance subject to warranty provisions. Aye: 5 Nay: 0 THORPE WOODLAND GARDENS 2ND ADDITION CONSIDERATION TO MODIFY CONDITIONS OF PLAT APPROVAL City Administrator Hedges introduced this item regarding a request by Tilsenbilt Homes for modification of the conditions to the Thorpe Woodland Gardens 2nd Addition. Public Works Director Colbert explained that Mr. Tilsen proposes to install individual private ejector pumps inside each of five houses rather than construct a sanitary sewer lift station and force main pipe to serve the development and future development of the parcel to the north of his property. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny modifications to Conditions 8 and 9 of the Thorpe Woodland Gardens 2d Addition preliminary subdivision approval. Aye: 5 Nay: 0 CONSIDER COVENANTS - CITY OF EAGAN City Administrator Hedges introduced this item regarding covenants for City-owned property of approximately 12 acres located on Diffley Road at Highway 3. Senior Planner Ridley gave a staff report. One resident addressed the Council regarding the types of uses they do not want in the area. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Covenants for City-owned property of approximately 12 acres, currently zoned NB, (Tax PIN 10-02400-014-75) located on Diffley road at Highway 3. Ayes: 5 Nay: 0 CONSIDER THOMAS WOODS TRAIL CONNECTION - MANLEY DEVELOPMENT City Administrator Hedges introduced this item regarding a trail location to Lebanon Hills Regional on south Dodd Road near the Red Pine Road extension. Senior Planner Ridley explained that Council had reviewed and rejected an alternative trail location within the Natures Edge development and directed Mr. Manley to install the trail at the originally proposed location. Issues with the trail easement document were raised and the executed easement documents were not recorded at the County before the properties affected changed ownership. Mr. Manley proposed a new location for the trail and discussed the width of the trail and easement with Councilmembers. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the location of a trail between Lots 4 and 5, Block 1, Nature's Edge with the condition that no building permits be issued for those Eagan City Council Meeting Minutes Q 1 DRAFT November 19, 2002 ?R r 1 Page 4 two lots until the trail is constructed and a 20 foot trail easement is recorded with Dakota County and a commitment to construct a second trail connection to the County park with future development to the south. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - CEDARVALE TEXACO City Administrator Hedges introduced this item regarding a request for a conditional use permit for a car wash at the Texaco located at 3030 Sibley Memorial Highway. Senior Planner Ridley gave a staff report. The applicant discussed building material for the proposed structure. Councilmembers and staff discussed the forthcoming architectural standards for the Cedar Grove area and felt the applicants proposed structure would deviate from those standards. Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny a Conditional Use Permit for a car wash at the Texaco located at 3830 Sibley Memorial Highway. The applicant agreed that at the time of construction they would conform to the architectural standards for the Cedar Grove area. Councilmember Carlson withdrew the motion to deny the Conditional Use Permit. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for a car wash at the Texaco located at 3830 Sibley Memorial Highway; subject to the following conditions: Aye: 5 Nay: 0 1. Lot 2, Block 1, Cedarvale Second Addition and Outlot A, Cedarvale Second Addition shall be replatted into a single parcel prior to the release of the Conditional Use Permit. 2. The Conditional Use Permit shall be recorded against the newly created lot (Lot 2, Block 1, Cedarvale Second Addition and Outlot A, Cedarvale Second Addition) at Dakota County prior to issuance of a building permit for the car wash. 3. The applicant shall submit a revised Site Plan depicting the location of the trash enclosure (attached to the principle building), a 35' front setback for the car wash, and a 30% green space for the new lot prior to the release of the Conditional Use Permit for recording. 4. The applicant shall submit a revised Landscape Plan, prepared by a certified landscapist. The plan shall depict the location of all existing and proposed plant materials, a schedule depicting the number, size, botanical and ordinary names of the species, notation regarding irrigation, and a detail plate for the planting procedure proposed. 5. The trash enclosure and the carwash shall be constructed of similar materials and of a similar design and color to that of the principle building. 6. The trash enclosure construction and landscaping installation shall be completed no later than May 31, 2003. 7. The applicant shall provide a $ 10,000 letter of credit in a form approved by the City Attorney. Released upon completion of the trash enclosure and landscaping improvements. 8. All signage shall comply with the City Sign Ordinance in effect at the time the sign permit(s) are requested. 9. At the time of building permit, the applicant shall submit revised plans detailing modifications to on- site storm drainage and sanitary sewer and water main connection to serve the carwash. 10. All buildings on site will meet the Cedar Grove architectural standards. Mayor Awada called for a five minute recess at 8:50 pm. /d? Eagan City Council Meeting Minutes DR A F T November 19, 2002 Page 5 PRELIMINARY SUBDIVISION (DIFFLEY PLAZA) - ASTLEFORD COMPANY City Administrator Hedges introduced this item regarding a preliminary subdivision to create 7 lots on approximately 15.7 acres located on the SW corner of Diffley Road and Johnny Cake Ridge Road. Senior Planner Ridley gave a staff report. Tom Gallager of Astelford Company discussed the proposed plans for the subdivision. Mayor Awada moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Diffley Plaza) to create 7 lots on approximately 15.7 acres located on the SW corner of Diffley Road and Johnny Cake Ridge Road in the NW 1/4 of Section 28; 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, 2, 3, 4, C 1, 2, 4, D 1 and E 1 2. The property shall be platted. 3. Storm water ponding shall be required to be maintained with future development to control rates of post-development storm water runoff to less than or equal to predevelopment conditions. 4. This proposal is responsible for an on-site pond that treats all storm water from this development and should have a minimum wet-storage volume of 2.5 acre-feet and a surface area of 0.6 acres. The pond should incorporate a 10-foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL. The side slopes of the pond below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. the outlet structure should meet City design standards. 5. Private cross easements providing for vehicle circulation within the subdivision shall be prepared for review and approval by the City Attorney prior to final subdivision approval. The easements can not be terminated without the express written consent of the City. 6. The northerly access on Johnny Cake Ridge Road (at Lots I & 2) shall be restricted to right-in vehicle movements only. 7. The developer shall be responsible to obtain permit approval from Dakota County for any grading activities along Diffley Road associated with the development. 8. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. 9. A berming/landscaping plan shall be submitted as part of the final plat. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a request by representatives of Aspenwoods of Eagan apartments for the refunding of revenue bonds. Mayor Awada moved, Councilmember Tilley seconded a motion to approve a Resolution setting a Public Hearing - Aspenwoods of Eagan Apartments Multi-Family Housing Refunding Bonds. Aye: 5 Nay: 0 City Administrator Hedges discussed a request by representatives of Thomas Lake Apartments for the refunding of revenue bonds. Mayor Awada moved, Councilmember Tilley seconded a motion to approve a Resolution setting a Public Hearing - Thomas Lake Apartments Multi-Family Housing Refunding Bonds. Aye: 5 Nay: 0 City Administrator Hedges and Public Works Director Colbert updated the Council on the status of easement acquisitions from Lockheed Martin for the streetscaping improvements to Central Parkway. Mayor Awada moved, Councilmember Carlson seconded a motion to authorize the acquisition by quick take condemnation if an agreement could not be reach in the near future. Aye: 5 Nay: 0 13 Eagan City Council Meeting Minutes November 19, 2002 Page 6 DRAFT ADJOURNMENT The Mayor called a recess at 9:30 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:45 p.m., concluded the cable broadcast portion and introduced "Visitors to be Heard". There being no public comment, the Council meeting was adjourned at 9:45 p.m. The Council then retired into a Closed Session to consider pending litigation. Date 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) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. , MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL NOVEMBER 19, 2002 6:00 P.M. The Eagan City Council held a Listening Session on November 19, 2002 at 6:00 p.m. In attendance were Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley. Henry Jandewerth, 1705 Walnut Street, expressed concerns regarding one of his neighbors who lets his diesel truck idle extensively. He requested that the City investigate the matter in relation to poisonous emissions and pollution control standards. The Council and City staff explained that the City has no jurisdiction over such issues but would contact the PCA. Staff was also directed to contact Mr. Jandewerth's neighbor. Stuart and Bobbi Pinsky discussed a variance that was previously denied on property they recently purchased. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary / Deputy City Clerk /5 0 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL ?? TUESDAY, NOVEMBER 26, 2002 ;0011 COMMUNITY ROOM 5:30 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services VanOverbeke, Assistant to the Administrator Lord, Assistant City Administrator Verbrugge, Public Works Director Colbert, Parks and Recreation Director Vraa, Senior Planner Ridley, Communications Director Garrison, and Cable Administrator Hodgekiss ROLL CALL & AGENDA ADOPTION Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda and add a discussion on North Fields Road Improvements. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. REDEVELOPMENT UPDATE FOR CEDAR GROVE Keystone Proposal Ehlers Consultant, Jim Prosser, along with Assistant City Administrator Verbrugge presented a preliminary proposal for Keystone Communities, which was selected this past summer by the City Council as the preferred redeveloper for the Langhoven Addition at Silver Bell Road and Cedar Grove Parkway in the Cedar Grove Redevelopment Area (CGRA). Prosser presented Keystone's proposal for a 4-story, 126-unit mixed-service senior housing community. The City Council discussed the proposal, competing markets, as well as design standards for the development. Christy Olson, Keystone developer, and Greg Tusho, project architect, were also present to answer specific questions about the proposed development. Eagan resident Doris Dahline addressed the Council with questions and concerns about the development, including concerns over density, parking, zoning requirements, and tree preservation. Ms. Dahline presented a list of her concerns to Assistant City Administrator Verbrugge. Mayor Awada noted that the CGRA is a special area, meaning it has its own zoning standards. Awada also added that the City is currently translating the village plan concept into zoning language. Upon completion, the zoning requirements for the CGRA will go to the Planning Commission and will then come before the City Council. The City Council was in consensus with the Keystone proposal. Verbrugge noted that a final redevelopment agreement would be before the Council on December 17, 2002. Special City Council Minutes November 26, 2002 Page 2 AMCON Proposal Assistant City Administrator Verbrugge presented the site plan and layout for AMCON Construction's development, a single-story, 25,000 square foot commercial-retail development at the west corner of Silver Bell Road and Cedar Grove Parkway. Verbrugge inquired with the City Council about the streetscaping elements that are scheduled to be installed prior to the development being built. The City Council directed that AMCON incorporate the City's streetscaping elements into their design and work around the scheduled streetscaping. Additionally, Verbrugge noted that AMCON intends on using materials from the streetscaping plan in their landscaping scheme. Verbrugge informed the Council that terms of the development agreement with AMCON would be brought before the City Council in December. Councilmember Carlson requested that the CGRA design standards be moved forward in order to approve them as soon as possible. Due to design standards falling under Chapter 11 in City Code, City Administrator Hedges noted that the design standards must got to the Planning Commission prior to coming before the City Council. The Council directed that the draft of the design standards be presented to the City Council at the December 10 Special Council Workshop (to be held at 4:30 PM), prior to the Planning Commission meeting on December 19. Council also directed that a Special City Council meeting be held on December 23 at 6 PM to discuss the design standards after the Planning Commission has made their recommendation. Councilmember Carlson requested that draft copy of the CGRA design standards be included in the Council's December 6 packet. ALL OTHER PROPOSED BUDGETS-CASCADE BAY, BECTV, COMMUNITY CENTER/CENTRAL PARK, AND CIVIC ARENA Cascade Bay City Administrator Hedges introduced the Cascade Bay budget, noting that at the Special City Council meeting held on November 12, 2002, questions were raised regarding personnel services. Hedges explained that the Salaries line item increased between 2000 and 2001 actuals and 2002 and 2003 budgets were due to position vacancies. The Council discussed the need for a rate increase in order to address increasing operating costs and deteriorating equipment. The City Council discussed the rates. Councilmember Carlson moved, Councilmember Tilley seconded a motion to raise the rate of the Cascade Bay season pass by $2 and raise the daily admission rate by $.25. Aye: 5 Nay: 0 Burnsville Eagan Cable Television (BECT) Tom Garrison presented the draft budget for BECT, and noted that final action on the budget would be taken at the December 17 City Council meeting. Garrison address declining PEG fees and aging cable equipment. The Council discussed fundraising opportunities and advertising capabilities on the local access channels. Garrison told the Council the cable staff is looking into revenue-generating possibilities. Mayor Awada 17 Special City Council Minutes November 26, 2002 Page 3 suggested leasing space in the cable facility to other municipalities, and also encouraged staff to be entrepreneurial. Community Center/Central Park Staff informed the Council that they are having considerable discussion on the Community Center/Central Park budget, and that the budget will be presented at the December 10 Special City Council Workshop. Mayor Awada inquired about the progress in installing the pond liner. Parks and Recreation Director Vraa addressed the issue, noting that water is continually being pumped from the pond; however, there is too much moisture at this time to lay the liner. Pumping will continue and Vraa will continue discussing options with the contractor. Civic Arena City Administrator Hedges presented a revised budget per the requests of the Council at the July 16, 2002 Council workshop. The Council was in agreement with the revised budget, as presented. CAPITAL IMPROVEMENT PROGRAM MODIFICATION/UPGRADES TO PILOT KNOB & LONE OAK ROAD Public Works Director Colbert addressed the Council regarding County Road improvements on Lone Oak Road and Pilot Knob Road scheduled in the 2003-2008 CIP. Colbert noted that due to the Gift of Mary development in the summer of 2004, the extension of a trunk watermain is necessary. The extension of the watermain is within the future road improvement area of the Lone Oak Road upgrade. Colbert noted that it would be more cost efficient to have this watermain constructed during the early stages and as part of the County Road improvement to avoid patching an existing roadbed and reconstructing the new water-main within the following year to meet the design changes in road elevations. Colbert explained that the County does not have the resources to accelerate the Lone Oak Road improvement. The CIP estimate for the improvement is $1,300,000. Colbert also noted that Pilot Knob Road was programmed for its proposed improvement in 2004 to signalize the intersections at Central Parkway and Towerview Road. Dakota County has indicated that if the road improvements on this section of Pilot Knob were delayed one year, they would be amenable to installing a temporary signal, if the warrants and priorities were met prior to a scheduled improvement. The CIP estimate for this improvement is $1,500,000. The Council recognized the need to begin right of way acquisition along Lone Oak Road early in 2003 to have the easements available for an early 2004 contract letting; therefore, the City and County would have to enter into an agreement early in 2003, before the next CIP (2004-2008) is prepared for Council consideration. The Council provided direction to proceed with the above amendment (to switch the two program years). lb? Special City Council Minutes November 26, 2002 Page 4 There was Council consensus to install the first traffic signal at Central Parkway, which Colbert noted makes sense from a traffic standpoint. The installation of the Central Parkway traffic signal will be on the December 3 City Council agenda. COACHMAN WATER TREATMENT EXPANSION/MODIFICATION UPDATE Public Works Director Colbert provided an update to the Council on the plans for the expansion of the City's North Water Treatment Plant. Colbert and Steve Nelson, project manager from SEH, presented a preliminary design report on the expansion. The City Council discussed land acquisition and specific expansion plans. Colbert noted that no new staff would be needed as a result of the expansion. Additionally, the expansion will increase the capacity of the treatment plant from 12 million gallons per day to 22 million gallon per day, which will meet the demand of forecasted City growth. Mayor Awada suggested the City's cable staff do a documentary on the water treatment expansion process, as well as the water treatment process. Colbert noted that expansion is scheduled to be complete in the Summer of 2005. Director of Administrative Services Vanoverbeke presented possible funding scenarios and explained that funding has been saved over the years for this expansion, meaning that no additional bonding would be needed and there would not be a need to increase water fees. The existing bonds and the treatment plant are scheduled to be paid off in 9 years. Mayor Awada commended staff and previous Councils for prudent fiscal planning. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adopt the Preliminary Design Report. Aye: 5 Nay: 0 JULY 4TH CELELBRATION Director of Administrative Services VanOverbeke introduced the item, explaining that the City Council requested an update regarding the location of the 4th of July celebration. Parks and Recreation Director Vraa stated that the 4th of July celebration can be held at Central Park next year; however, he noted that while grading and seeding will be complete, there will not by long, lush grass in the festival area, as some people may expect. The Council recognized that grass may not be ready in time for the 4th of July. Councilmember Carlson inquired about electricity to the festival site. Councilmember Bakken noted that electricity to the festival site was never part of the plan; rather, generators will be used. Councilmember Carlson moved, Councilmember Fields seconded a motion to hold the 20034 th of July celebration at Central Park. Aye: 5 Nay: 0 Special City Council Minutes November 26, 2002 Page 5 NORTH FIELD ROAD IMROVEMENTS Director of Administrative Services VanOverbeke introduced the item. The Council requested an update on the road improvements for Borchert Lane and plans for North Fields. Councilmember Carlson voiced her concerns that North Fields be left strictly as flat land to be used for athletic fields for the time being. Carlson added that she. wants no permanent structures on the land, as the property is intended to be a land bank for any future public needs. The City Council discussed uses for the land, as well as the need for utilities and road improvements. Councilmember Carlson distributed a written document to the City Council that outlined what she thought was the original Council intent for the use of North Fields. The Council discussed irrigation needs for the fields. Vraa noted that all major athletic fields in the City have underground irrigation. There was Council consensus to include irrigation as an add alternative in the bidding process. Mayor Awada requested that staff bring back options for irrigation. Mayor Awada moved, Councilmember Tilley seconded a motion to include the document provided by Councilmember Carlson in the Parks System Plan. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Fields seconded a motion that an agenda item be placed on Old Business at the December 2 City Council meeting to wave the normal development standards for the Borchert Lane project. Aye: 5 Nay: 0 Councilmember Carlson requested that staff include in the cover memo an explanation that the athletic fields at North Fields are intended as an interim use for the property. OTHER BUSINESS Mayor Awada moved, Councilmember Fields seconded a motion to change the time of the Special City Council Meeting on December 10 to 4:30 PM and set a Special City Council meeting for Monday, December 23 at 6 PM to address Cedar Grove design standards and hear any other items that need Council attention. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:10 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo December 2, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Utility Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Kerry Stang as a utility maintenance worker. Item 2. Resignation/Clerical Tech III-Central Services Maintenance-- ACTION TO BE CONSIDERED: To accept the resignation of Kris Forester, Clerical Tech III at Central Services Maintenance. Item 3. Retirement/Superintendent of Streets & Equipment-- ACTION TO BE CONSIDERED: To accept the retirement of Arnie Erhart, Superintendent of Streets & Equipment, effective March 21, 2003. Item 4. Facility Supervisor/Community Center-- ACTION TO BE CONSIDERED: To authorize the position of Facility Supervisor/Community Center and advertisement of the position. FACTS: • This position has been reviewed by the Community Center/Central Park Operations Committee and is now being presented on the regular City Council agenda for formal action. t)" J Agenda Information Memo December 2, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 21, 2002 and November 28, 2002 as presented. ATTACHMENTS: • Check registers dated November 21, 2002 and November 28, 2002 are enclosed without page number. CDA AGENDA MEMO December 2, 2002 CONSENT AGENDA D. 2003 TRASH HAULER LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2003 Trash Hauler License renewals for: Construction/Demo Dick's Sanitation Alpha Construction Multiple Dwelling/Commercial Dick's Sanitation Residential Dick's Sanitation FACTS: Staff has reviewed the applications for renewal and deem them in order for approval. a3 AGENDA MEMO December 2, 2002 CONSENT AGENDA E. 2003 TOBACCO LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2003 Tobacco License Renewals for Valley Lounge and LaFonda's. FACTS: Staff has reviewed the applications for renewal and deem them in order for approval. a?- Agenda Information Memo December 2, 2002 F. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2003 ACTION TO BE CONSIDERED: To approve the renewals of existing liquor licenses for 2003, subject to review of applications, payment of fees and Police Department reviews. FACTS: • The liquor license renewals for the year 2003 include the following: (13) off-sale liquor (25) on-sale liquor (23 restaurants and 2 hotels = 25 total) (11) on-sale wine and beer (7) on-sale beer (16) off-sale beer • These renewals are in the process of completion and should be approved subject to review and recommendation by the Eagan Police Department, payment of fees and submittal of required documents. ATTACHMENTS: • Liquor license renewals on pages 2 through -10 QS_ W W N Z W J O W 0 M 0 N 0 d d c M a > Oc ° rn M Iq M > 'C D U c p H co M o w U In r co N a- > ° ca N U OMO W M o o N U Z N p m -Q O c Y 2 d U') N 0 M 0 s O cn Lo CO r g D co .0 o c Y 0 a C) O r- N N U aai -0 m c 0 O a CD CO N 0 o U C) 1-41 T- N > C °; O V C O F- CD M N r o D c f0 w CD 'IT O r O U c N w I ti m r ) U ai a co c O O n. 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E W Q) a E = 0 0 3 = 3 3 3 0 (0 co n n n C S- 1 cn = = Y m F- f- F IL a U) U) U) cn cn F- U) J W z w W N z W J w W co 06 W z 4 W J z 0 to C J `° cu a m L) O (0 C) r Co C° 0 'O 0 0 Y m ((') (0 (0 r O O Sc Q- ( 00 00 o o co 0 7 0 0) Y m co V V r a) a) 0 c o - O (0 N r 0 Q) ( N > U) C) 00 C) r o 0 C) M r N a) Q) O c 0 H V O M r mo co 0 -0 0 a) Y m >- N m V ?0 o Q) c ° 00 (n N a) O U c H N N- N r 0 E c aa) C (o C ( 0 5 Z < (o L a) (n fo ` (o 06 N N 0 0 a) d w U) N Y X N N L (ti U cn a- ~ m N a 0) ,o co c N a) c U) a c O Y co 0 a) u N d H O O E c -a c C c c U < 0 0 w (9 2 = = a) E ((0 c z O 0 a ) N c C C. U L j u c L) C u ca E C N = c U O) a U u0i F' F- H ? 0 vi c d C O E 0 C) U 0) t O 0 .c = at (D Agenda Information Memo December 2, 2002 Eagan City Council Meeting G. PROJECT 882, CRESTRIDGE LANE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 882 (Crestridge Lane - Street Improvements) and schedule a public hearing to be held on February 4, 2003. FACTS: • On September 17, 2001 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Crestridge Lane, from Pilot Knob Road to Denmark Avenue, as part of the Town Centre Area street improvements (City Project No. 851). The Crestridge Lane improvements have been separated from the Town Centre improvements under different project number due to adjacent properties along Crestridge Lane being residential and not commercial as in the Town Centre Area. • The bituminous overlay of Crestridge Lane is programmed for 2003 in the City of Eagan's 5-Year CIP (2003-2007). • An informational neighborhood meeting will be held with the adjacent property owners prior to a 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 February 4, 2003. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. `19 Agenda Information Memo December 2, 2002 H. LOT 2, BLOCK 5, WILDERNESS RUN 4TH ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: To receive a petition to vacate a public trail easement for Lot 2, Block 5 of the Wilderness Run 4th Addition, and schedule a public hearing to be held on February 4, 2003. FACTS: • On November 18, 2002, City staff received a petition from Gary Morgan, resident at 1293 Carlson Lake Lane, requesting the vacation of an existing trail easement on his property adjacent to Carlson Lake. • The trail easement was originally dedicated with the Wilderness Run 4th plat in 1975 for the purpose of building a public trail adjacent to Carlson Lake. To date, the trail has not been constructed and there are no current plans by the City to construct a trail in this location. • Mr. Morgan believes that the existing easement will not be utilized for a trail, and wishes to have it removed from his property title. • The engineering staff has reviewed this petition, and request that the City Council formally schedule a public hearing to inform the public and all interested parties about this proposal. Upon scheduling a public hearing, this item will be submitted to the Advisory Park and Natural Resources Commission for their review and a recommendation for the Council's consideration at the time of the public hearing. 3O Agenda Information Memo December 2, 2002 Eagan City Council Meeting 1. CONTRACT 02-01, BEACON HILL/ BRITTANY! JOHNNY CAKE RIDGE ADDITIONS/ COVINGTON LANE STREET OVERLAY ACTION TO BE CONSIDERED: To approve the final payment for Contract 02-01 (Beacon Hill/ Brittany/ Johnny Cake Ridge Additions/ Covington Lane - Street Overlay) in the amount of $18,965.35 to Northwest Asphalt, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 02-01 provided for the bituminous overlay of the streets in the Beacon Hill/ Brittany/ Johnny Cake Ridge Additions and Covington Lane (from Johnny Cake Ridge Road to Stonecliffe Drive), as authorized by the City Council under City Projects 795. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 3) Agenda Information Memo December 2, 2002 J. CONTRACT 01-09A, CITY-WIDE STORM SEWER LIFT STATION REHABILITATION ACTION TO BE CONSIDERED: To approve the final payment for Contract 01-09A (City- Wide Storm Sewer Lift Station Rehabilitation), in the amount of $111,983.30 to S.M. Hentges & Sons, Inc., and authorize perpetual city maintenance. FACTS: • Contract 01-09A provided for the rehabilitation and upgrade of six storm sewer lift stations as part of the July 2000 Super Storm Mitigation project, including the relocation of electrical control panels at six of the stations, the raising of four station access hatches and associated grading. • The work has been completed, inspected by representatives of the Pubic Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ISSUES: • Any remaining minor landscaping adjustments to address concerns of affected property owners will be handled by City Maintenance Personnel and will not be an obligation of this contract. 3a Agenda Information Memo December 2, 2002 K. CONTRACT 02-11, DODD ROAD - CLIFF ROAD TO 120TH ST. (BUTWIN ROAD) STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 02-11 (Dodd Road, Cliff Road to 120th Street [Butwin Road] - Street, Utility and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-11 provides for the upgrade of Dodd Road, from Cliff Road to 120`'' Street, from a rural design to an urban design. The improvements also included the installation of sanitary sewer, water main and storm sewer. • A recently approved subdivision development, Nature's Edge, is being constructed concurrently with the upgrade of Dodd Road. • The change order addresses the installation of new storm sewer at the intersections of Dodd Road and the entrances to the Nature's Edge development and the related extension of water main and sanitary sewer to the development beyond the storm sewer, all associated with the improvements for Project 751R, Dodd Road South. • The Nature's Edge development was not approved at the time of the plan approval for Contract 02-11. Due to the locations of the streets providing access to the subdivision, it is necessary to provide catch basins and associated storm sewer to adequately address the drainage from the street runoff. • With the addition of the storm sewer at the street intersections, the proposed connections to the sanitary sewer and water main cross the location of the storm sewer. The extension of the water and sanitary sewer pipes prior to the storm sewer installation avoids any potential conflicts during construction. • The costs of the related change order items are all consistent with the bid prices for relevant bid items on this and other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $17,336.10 (1.12% of original contract). The associated expenditure will be the responsibility of the Nature's Edge development by Manley Bros. Construction under the terms of the development agreement. ATTACHMENTS: • Change Order No. 2, pages - and 35 33 city of eagan CONTRACT #: 02-11 PROJECT #: 751R CHANGE ORDER #: DATE: November 22, 2002 BRA PROJECT #: 49-98-806 PROJECT NAME: Dodd Road (Cliff Road/ CSAH 32 to End of Cul-de-sac) Street & Utility Improvements PROJECT DESCRIPTION The project consists of the construction of sanitary sewer, water main, storm sewer, services and reconstruction of Dodd Road. Also, the construction of Carol Street from Dodd Road to Highway 3, including storm sewer, water main, and sanitary sewer. CONTRACTOR: Northdale Construction Co. Inc. ENGINEER: Bonestroo, Rosene, Anderlik & Associates 14450 Northdale Blvd. 2336 West Highwav 36 Rogers, MN 55374 St. Paul, MN 55113 DESCRIPTION OF CHANGE ORDER WORK: The extension of the water main and sanitary sewer stubs, as well as the addition of storm sewer at the intersections of Rosa CourT (proposed street) and Shelerud Drive (proposed street) with Dodd Road. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: Due to the uncertainty in the development of the Nature's Edge Plat when the Dodd Road plans were produced, no storm sewer was designed at the intersection of the two proposed streets with Dodd Road. With the current development of the Nature's Edge Plat, storm sewer was added at the two proposed streets. Subsequently, the sanitary sewer and water main stubs from Dodd Road had to be extended beyond the storm sewer to allow the connection with the sanitary sewer and water main from the Nature's Edge Plat. DESCRIPTION OF WORK ITEMS: ITEM UNIT QTY UNIT PRICE DOLLAR AMOUNT Connect to existing sanitary sewer 8" PVC pipe EA 2 $350.00 $700.00 Extend 8" PVC SDR 35 sanitary sewer 26 LF EA 2 2,179.80 4,359.60 Connect to existing 6" water main EA 2 1,000.00 2,000.00 Extend 6" DIP class 52 water main 18 LF EA 2 1,529.80 3,059.60 15" RCP storm sewer, class 5, 0'-8' deep LF 130 21.13 2,746.90 4' diameter storm CBMH EA 2 1,245.00 2,490.00 2' x 3' catch basin EA 2 990.00 1,980.00 TOTAL CHANGE ORDER AMOUNT S17.336.10 3q- CONTRACT STATUS Original Contract: Change Order: TIME/COMPLETION DATE June 30, 2003 June 30, 2003 Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: +1.12 % +8.97 % RECOMMENDED FOR APPROVAL: By: Project Manager By: ?` ?? I-Z6--o2 City Department Ma er City of Eagan Council Action: Mayor: Clerk: Date: 1 - City 2 - Contractor 1 - Engineer AMOUNT $1.542.453.35 $17.336.10 $ 121,072.95 $ 17,336.10 $ 138,409.05 $ 1.680.862.40 By: on ctor Date: ' ZCS1 35 Agenda Information Memo December 2, 2002 L. CONTRACT 02-13, JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 02-13 (July 2000 Storm Mitigation Improvements - Miscellaneous Area 5) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-13 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 Super Storm, including Evergreen Park/Ponds BP-15 & BP-16 (Area #5 -Project 831), as outlined and discussed in the Preliminary Design Report (April 2001). • The change order addresses the inclusion of a portion of the storm drainage improvements from Area 4 between Pond BP-2 and Blackhawk Lake, associated with the Blackhawk Ponds/13P-29 & BP-29.1 improvements for Project 832. • The contractor who completed the improvements for the Blackhawk Ponds/BP-29 & BP-29.1 was prevented from including the construction of the overflow between Pond BP-2 and Blackhawk Lake due to various delays. • The change order addresses the installation of a box culvert crossing under a portion of the trail around Blackhawk Lake and the associated improvements. • The costs of the related change order items were the result of closed bidding between the three contractors working on storm mitigation improvements and are all consistent with the bid prices for relevant bid items on other projects within the city. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $48,280.00 (7.8% of original contract). The associated expenditure will be the responsibility of the City's Storm Sewer Trunk Fund. ATTACHMENTS: • Change Order No. 1, pages 87 and 3S 30 dtvoFeaM CONTRACT#: PROJECT #: 02-13 CHANGE ORDER #: 831 BRA FILE NO.: 49-02-121 DATE: November 20, 2002 PROJECT NAME: JULY 2000 STORM MITIGATION IMPROVEMENTS PROJECT DESCRIPTION Box Culvert overflow from Pond BP-2 into Pond BP-1. CONTRACTOR: Danner Inc. 843 Hardman Ave. S. South St. Paul, MN 55075 Eagan, MN 55122 DESCRIPTION OF CHANGE ORDER WORK: This Change Order provides for the Pond BP-2 storm sewer work. This work consists of adding a 4'x8' box culvert to connect Pond BP-1 and Pond BP-2. The summary of costs are shown below. JUSTIFICATION FOR / PURPOSE OF CHANGE ORDER The box culvert is being added as another means for water to flow from Pond BP-2 to Pond BP-1. The current storm sewer pipe that connects Pond BP-2 and BP-1 is not able to handle the amount of water that flows into Pond BP-1 during large rainfalls. This is causing the Class V trail to be eroded away. Contract Unit Total No. Item Unit Quantity Price Amount CH...NGE ORDER NO. I I Mobilization LS I $7,000.00 57,000.00 2 Traffic control LS I $500.00 $500.00 3 Clear and grub LS 1 S 1,000.00 S 1,000.00 4 Flotation silt curtain, still water LF 120 S20.00 $2,400.00 5 4'x 8' box culvert LF 18 $700.00 S12,600.00 6 4' x 8' box culvert end section EA 2 $5,200.00 S10,400.00 7 Concrete distribution slab LS I $2,000.00 $2,000.00 8 Concrete weir and fill-in box culvert LS I S3.000.00 $3,000.00 9 Remove I2" RCP storm sewer pipe LF 35 $ 10.00 $350.00 10 Class IV random riprap CY 24 $95.00 $2,280.00 11 Salvage and Reinstall rock rip rap LS I $1,000.00 $1,000.00 12 8" - 12" fieldstone in culvert CY 3 S200.00 $600.00 13 Common excavation (P) CY 40 $25.00 $1,000.00 14 Silt fence, regular LF 50 55.00 $250.00 15 Sodding, lawn type SY 400 55.00 $2,000.00 16 Topsoil borrow (LV) CY 45 $20.00 $900.00 17 Aggregate base, Class 5. 100% crushed - trail TN 50 $20.00 S 1.000.00 Total CHANGE ORDER NO. 1: $48,280.00 ENGINEER: City of Eagan 3830 Pilot Knob Road 4.,02121CH01 37 CONTRACT STATUS Oringal Contract: Change Order: Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Orders to Original Contract Amount: RECOMMENDED FOR APPROVAL LAVW I L, &ojjrrr Mager Bv: ?1?--- 1 ? 1 a?C Cirp Department Manager City of Eagan Council Action: Manor: Clerk: Approval Dare: Distribution cc: I -City 2 - Contractor I - Engineer I - Bonding Company 4902121CHOI TIMFJCOMPLETION DATE May 31, 2003 May 31, 2003 7.80 % 7&% 1-z (.-o - 39 AMOUNT $613,750.00 $48,280.00 $0.00 $48,280.00 $48,280.00 $662,030.00 Agenda Information Memo December 2, 2002 Eagan City Council Meeting M. OUTLOT A, MARI ACRES 2"D ADDITION ACTION TO BE CONSIDERED: Acknowledge receipt of land dedication (Outlot A, Man Acres 2"d Add.) gift to the City and authorize the Mayor and City Clerk to sign all related documents. FACTS: • Outlot A of the Mari Acres 2"d Addition is a residual parcel created by the re-platting of Outlot C of the Mari Acres Addition in 1981. It is located between the north right of way of Erin Drive and the large ponding area just west of Nicols Rd. • The current owner of this parcel wants to dedicate it to the City as a "gift". It is not developable and will provide additional right of way for the city at this intersection. • This request has been reviewed by the City Attorney's office and found to be in order for favorable Council consideration. ATTACHMENTS: • Location Map, page 40. 31 1 -s z 0 0 0 0 z N V W 0 of 7' Z9 1y 111 w Cd - .:F ._, , i `? U c/ W o z 1 1 ° -? f c? ? I 91 N ¢ O W 1 \ C f- 5' ?C\ . \ > - rn o z Ill ?jZ 5? I Y ?n-J' T •' p U5 ry oO Ft ?- _.- X90'0°' r ;1 1Z4 z-! _ -O I Z lCl , N¢ ??_ W W m R N o 0 cc'tibl I i o r ? V O ? ? N I ? c ? v~i z ? l C o Z? 5 d\ _ w W ? z i111T ? a' ' ?- N 1 + Z 154 t8 - a 9 Nibs o h ,PT \ M J \ ? M .,. ` ?' Flo \ r O ?J) J j?Ma`0 ? ? --• J Agenda Information Memo December 2, 2002 Eagan City Council Meeting N. 5 YEAR CAPITAL IMPROVEMENT PROGRAM (2003-2007) ACTION TO BE CONSIDERED: Amend the 5-year Capital Improvement Program (2003-2007) by reversing the Lone Oak Rd. (2005) and Pilot Knob Rd. (2004) proposed improvement schedules. FACTS: • Every year the City and County coordinate the preparation of their respective 5 year Capital Improvement Programs. On June 4', the City Council formally adopted the CIP for 2003-2007. In this CIP, Lone Oak Rd (County Rd. 26) from Hwy 149/55 to Inver Grove Heights was programmed for 2005. In addition, Pilot Knob Rd (County Rd. 31) from Yankee Doodle Rd. (County Rd 28) to Lone Oak Rd. (County Rd. 26) was programmed for 2004. • At a special Council workshop held on November 26, the City Council discussed the needs and timing of each project in relation to recent development trends/proposals and agreed that these two programmed improvements should have their schedules reversed in the current CIP. • Due to the need to begin the required right of way acquisition early in 2003, this requires an amendment to the current CIP. Agenda Information Memo December 2, 2002 Eagan City Council Meeting 0. DIRECT STAFF TO INITIATE A CODE AMENDMENT TO ALLOW CURRENCY EXCHANGE OPERATIONS ACTION TO BE CONSIDERED: ? To direct the City Attorney's office to prepare approve an Ordinance Amendment to Chapter 11, to allow currency exchange operations, as a Conditional Use, within the Neighborhood Business and Community Shopping Center Zoning Districts. FACTS: ? Staff has been approached by persons interested in establishing a currency exchange operation within the City. Presently, the Eagan City Code does not speak to such use. ? After discussion amongst staff and the City Attorney's office, it was determined that the City must provide for this type of land use and that providing for this land use as a Conditional Use in the districts listed above would be favored ? As an amendment to Chapter 11, the APC will be required to hold a Public Hearing before the item is heard by the City Council. ATTACHMENTS: None 4R Agenda Information Memo December 2, 2002 Eagan City Council Meeting CONSENT AGENDA P. ACCEPTANCE OF A GRANT FOR $4200.00 FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY ACTION TO BE CONSIDERED: Authorize the Eagan City Administrator and the Eagan Chief of Police to accept a grant from the Minnesota Department of Public Safety for $4200.00. FACTS: The Eagan Police Department applied for this grant and received funding in past years • The funding will be utilized by police personnel to perform alcohol compliance checks in Eagan Businesses that sell alcohol ATTACHMENTS A copy of the Grant Agreement is attached as pages IN through STATE OF MINNESOTA ANNUAL PLAN GRANT CONTRACT ENCUMBRANCE WORKSHEET Accounting istri ution 1: Accounting Distribution Accounting Distribution 3: Fm d. 300 Fujid. F."d. Contract Start Date: 7/1/02 PO: q/z ^ Expiration Date: 5/31/03 Contractor Name and Address: City of Eagan Eagan Police Department 3830 Pilot Knob Road Eagan. MN 55122 Soc. Sec. or Federal Employer I.D. No.41-087612 Minnesota Tax I.D. No. (if applicable) 9081450 Annual Plan Line # T-30735 This Page Contains Private Data Do Not Circulate DO NOT REPRODUCE OR DISTRIBUTE EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR encumbrance form rev. 4/00 1 State Accounting Information: CFMS Contract No. Agency Contract Identification No.: STATE OF MINNESOTA ANNUAL PLAN GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety. Alcohol & Gambling Enforcement Division. 444 Cedar Street, Suite 133 Town Square, St. Paul. MN 55101-5133 ("State") and the City of Eagan. Eagan Police Department. 3830 Pilot Knob Road, Eagan. MN. ("Grantee"). Recitals 1 Under Minn. Stat. § 299A.01. Subd 2(4) the State is empowered to enter into this grant contract. 2 The State is in need of reimbursing local jurisdictions for their participation in a federal grant program to combat underage drinking. 3 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 Term of Grant Contract 1.1 Effective date: July 1, 2002, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: May 31, 2003, 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 and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Conduct independent compliance checks at licensed liquor establishments within their jurisdictions. 2.2 Report findings back to the State using the State approved reporting form. 2.3 Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty pursuant to Minn. Stat. § 340A.415. 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 paid an amount not to exceed $4,200.00 Based on the following method ofpavment: $30.00 per completed compliance check. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $ 0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. 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. Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed Four Thousand Two Hundred Dollars and no/l00's dollars. $4,200.00 4.2 Payment Grant (Rev. 12/00) U:\SCOTT2WLC0-CHE\FORMS\Yr4 Comp Check Grant Contract Year 031.doc (1) 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 invoice and report must be filed together, in arrears, and within 30 days of the period covered by the invoice for work satisfactorily performed. Final invoice and report must be received no later than June 30, 2003. (2) Federal funds. (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 Title Juvenile Justice & Delinquency Prevention CFDA number 16.541 of the Department of Justice Act of 1974 Sec. 261,262 Public law 93-415 and amendments thereto. 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 Scott Stewart. Project Coordinator, 444 Cedar Street, Suite 133 Town Square. St. Paul MN 55101-5133, or his 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 Chief Kent Therkelsen. 3830 Pilot Knob Road, Eagan. MN. 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 Grant (Rev. I2/00) -/ / U:\SCOTT2\ALCO-CHE\FORMS\Yr4 Comp Check Grant Contract Year 031.doc [ p 2 Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. Grantee will also comply with all federal audit requirements as stated in Attachment A., which is hereby incorporated by reference and made a part of this grant contract. 10 Government Data Practices and Intellectual Property 10.1 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. 10.2 Intellectual Property Rights (1) Intellectual Property Rights: The State shall own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents and subcontractors, either individually or jointly with others in the performance of this grant contract. WORKS shall include "DOCUMENTS." DOCUMENTS are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant contract. The DOCUMENTS shall be the exclusive property of the State and all such DOCUMENTS shall be remitted to the State by the Grantee upon completion or cancellation of this grant contract. To the extent possible, those WORKS eligible for copyright protection under the United States Copyright Act shall be deemed to be "works made for hire." The Grantee agrees to, and hereby does, assign all right, title, and interest it may have in the WORKS and the DOCUMENTS to the State. The Grantee shall, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the WORKS and DOCUMENTS. (2) Obligations: (a) Notifications: Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors in the performance of the grant contract, the Grantee shall immediately give the State's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon. (b) Representation: The Grantee shall perform all acts and take all steps necessary to ensure that all intellectual property rights in the WORKS and DOCUMENTS are the sole property of the State, and that no Grantee employee, agent, or subcontractor retains any interest in and to the WORKS and DOCUMENTS. The Grantee represents and warrants that the WORKS and DOCUMENTS do not and shall not infringe upon any intellectual property rights of other persons or entities. The Grantee shall indemnify, defend, and hold harmless the State, at the Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the WORKS or DOCUMENTS infringe upon the intellectual property rights of others. The Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, attorneys' fees. If such a claim or action arises, or in the Grantee's or the State's opinion is likely to arise, the Grantee shall, at the State's discretion, either procure for the State the right or license to use the Grant (Rev. 12/00) U:\SCOTr2\AL.CO-CHE\FORMS\Yr4 Comp Check Grant Contract Year 0211 Am q7 intellectual property rights at issue or replace or modify the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the State shall be in addition to, and not exclusive of, other remedies provided by law. (3) Survivability: The rights and duties of the State and the Grantee provided for above shall survive the expiration or cancellation of this Contract. 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 any time, 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. Grant (Rev. 12/00) U:\SCOTT2IAL.CO-CHE\FORMS\Yr4 Comp Check Grant Contract Year 031.doc 4e 15 Data Disclosure Under Minn. Stat. § 270.66, 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. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: (with delegated authority) Signed: cy h1uti? ?i1 Title: Date: `' -15-0 - t' Date: Annual Plan Grant Contract No. A _ '"I I OD - 3 T I 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 - Photo Copy Grant (Rev. 41 U:ISCOTT2\ALC ALCO-CHE\FORMS\Yr4 Comp Check Grant Contract Year 031.doc Attachment A, Page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For sub recipients who are state (includes Indian tribes) or local governments If the grantee expends total direct and indirect federal assistance of: Equal to or in excess of $300,000 or more per year, the grantee agrees:to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals, or other nonprofit organizations If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequently than every two years. 3. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports," as applicable. The reporting requirements for audit reports on compliance and internal controls shall be in accordance with AICPA'S SAS 63, "Compliance Auditing Applicable to Governmental Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' Reports in Audits of State and Local Governmental Units." So Attachment A, Page 2 of 2 In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-133, as applicable. 6. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The grantee agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety, within 30 days after the completion of the audit, but no later than one year after the end of the audit period. The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101-5126 9. Recipients expending more than $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse Si Agenda Information Memo December 2, 2002 City Council Meeting O. Approve beverage provider for the Eagan Community Center FOR COUNCIL ACTION: To approve the selection of Holiday Inn of Burnsville as the exclusive beverage provider for the Eagan Community Center and direct staff to enter into an agreement for their services. FACTS: ¦ The City Council previously authorized the solicitation of a single beverage provider for the Eagan Community Center. ¦ Proposals were requested in February through a direct mailing to all Eagan liquor providers as well as being advertised in the newspapers. ¦ Four vendors responded to the initial RFP but after much review it was determined that an expanded search might provide additional vendors for consideration. • Additional vendors were solicited through a direct mailing to adjacent municipalities, which resulted in two additional proposals. • After reviewing all proposals, the Holiday Inn provided the best value to renters of the Community Center and also offered a generous commission to the Community Center. ¦ Background and reference checks proved to be satisfactory and staff is comfortable that this will be a good value to the community center. CONCERNS: None ATTACHMENTS: Vendor comparison. - pa je_ 53 Cash Bar Host Bar Commission Range Ranee 1. Holiday Inn Year 1:15% Year 2: 20% Year 3: 25% $3.00 and up $2.75 and up 2. Barman's $50 per bar/event $2.75 and up same 3. Al Bakers 5% $3.50 and up same $100 set-up fee per event $10/hr bartender fee 4. Absolute Year 1: 5% + Not Available Packages Year 2: 6% + $20/hr bartender fee Year 3: 7% + $1 pp based on final guest count 5. Complete $1.50 per person Not available Packages $6.50 pp and up 6. Lancer <$1,000 - 15% $3.50 and up $3.50 and up >$1,000 - 18% 573 Agenda Information Memo December 2, 2002 Eagan City Council Meeting PUBLIC HEARINGS A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2003 - TRUTH-IN-TAXATION HEARING ACTION TO BE CONSIDERED: To close the public hearing and set the 2003 levy and budget considerations for the December 17, 2002 City Council meeting. FACTS: • Because the City's proposed tax levy increase is less than the Implicit Price Deflator index used by the State, the City is exempt from the Truth-in-Taxation public hearing requirements this year; however; in keeping with the City's tradition that started even before Truth-in-Taxation was instituted, the City Council elected to conduct this annual budget hearing. • Parcel specific notices were mailed by the County to Eagan residents in mid- November. • A notice of this hearing was published in the Eagan This Week and Dakota County Tribune newspapers. It invited property owners to attend this hearing and/or send written comments. • The City's final levy and budget will be adopted at the December 17 regular City Council meeting. • The City Administrator will present a PowerPoint presentation. Copies of the slides will be made available to the Council at the meeting. ATTACHMENTS: • Enclosed without page number is a copy of the 2003 General Fund Budget and Property Tax Levy handout that will be made available to all in attendance at the public hearing. Agenda Information Memo December 2, 2002 Eagan City Council Meeting B. SIGN VARIANCE - ALL AMERICAN RECREATION 3820 HWY. 13 ACTION TO BE CONSIDERED: To approve a 170 sq. ft. Variance to the 25 sq. ft. total size standard and a 170-day Variance from the 10 days out of any calendar month standard for two temporary signs to be located in a Community Shopping Center zoning district at 3820 Sibley Memorial Highway in the NE 1/4 of Section 19. FACTS: • The property owner would like to place two permanent neon signs on the north side of their building to identify their business and the products they sell, at a cost of $30,000.00. • Their location is within the Cedar Grove Redevelopment Area, and the building and land is under consideration to be purchased by a developer in the near future. Purchasing signage at this cost would not be economically prudent if the building is to be demolished as part of redevelopment. The applicant is requesting two temporary sign banners totaling 195 square feet be allowed to be placed and remain on the building until they move from the location, or until the building is removed from consideration for future development. Staff's evaluation is a reasonable time limit, such as 6 months, be imposed as a restriction. City Code allows for a maximum of 20% building coverage in wall signage. The proposed signage would cover approximately I I% of the building facade. As an end-unit tenant in a multi-tenant building, City Code would allow permanent signage on one elevation displaying a business name and a product name sign. • If approved, City Code requires a sign permit and permit fees be submitted before sign installation. ATTACHMENTS (1) Staff report, pages% through 45 65 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 14, 2002 APPLICANT: City of Eagan PROPERTY OWNER: Gerald Schiltz REQUEST: Temporary Sign Variance CASE: 19-VA-34-11-02 HEARING DATE: December 2, 2002 APPLICATION DATE: Nov. 14, 2002 PREPARED BY: Mary Granley LOCATION: 3820 Sibley Memorial Highway COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Gerald Schiltz, owner of the property and president of All American Recreation, is requesting a 170 sq. ft. Variance to the 25 sq. ft. total size standard, and an indefinite Variance from the 10 days out of any calendar month standard for two temporary sign banners for property located at 3820 Sibley Memorial Highway in the NE'/4 of Section 19. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 5'4 Planning Report - All-American Recreation Variance November 14, 2002 Page 2 of 2 CODE REQUIREMENTS Chapter 4, Sec. 4.20, Subd. 7J states "Temporary signs for special business sales. There shall be no more than three such signs on any lot, with a combined area of less than 25 square feet. Temporary business signs shall be limited to a period of ten days out of any calendar month. The ten days are counted sequentially from the day of installation of the first temporary sign to the removal of all temporary signs". Chapter 4, Sec. 4.20 Subd. 5E states "No signs or combination of signs mounted upon a building shall cover in excess of ten percent of the gross area of a side in the RD and BP zoning districts, and 20 percent of the gross area of a side in all other zoning districts, where business signs are allowed". BACKGROUND/HISTORY The subject site is one acre in area, is zoned CSC (Community Shopping Center), and accommodates one 23,760 finished square foot concrete building. The building was constructed in 1972 and was purchased by Mr. Schiltz in 1999. Former tenants of the building include Splatball and Country Club Market. EXISTING CONDITIONS The building faces Highway 13 and Cedarvale Boulevard to the north, the former Twin City Poultry site to the east (which is now a vacant lot owned by the City), Cedarvale Parkway and Cedarvale Bowl to the south, and Texaco to the west. The rear loading dock area faces Highway 13 and Cedarvale Boulevard, and the main entrance to the building faces Cedar Grove Parkway and Cedarvale Bowl. The building houses All- American Recreation, a recreational equipment warehouse and retail sales business, and Warrior's Cover, a martial arts center. EVALUATION OF REQUEST The applicant is requesting a Variance to allow for the placement of two temporary vinyl sign banners of such size as to exceed the combined total allowance of 25 sq. ft. Sign banner one measures 5' x 15', for a total of 75 sq. ft. Sign banner two measures 3' x 40', for a total of 120 sq. ft. Both sign banners together total 195 sq. ft., for a variance request amount of 170 sq. ft. SIGN BANNER ONE SIGN BANNER TWO all-ainericait recreation Pool, Spa & Game Table Photos 5? Planning Report - All-American Recreation Variance November 14, 2002 Page 3 of 3 The signs would be placed on the north elevation, facing Highway 13 and Cedarvale Boulevard. The sign banners would be placed as follows: Sign banner one would hang from the top of the blue sign bank (which measures approximately 4-1/2 feet) to approximately one foot below the blue sign bank, as indicated by the arrow on the left in the photo. Sign banner two would hang from the blue sign band area above the larger dock door, as indicated by the arrow on the right. Sign banner two would not hang below the sign band area itself. The applicant has requested that the approval for banner two be flexible in that the banner could be interchanged with a same size banner with different photos representing the different seasons. The sign banners, totaling 195 sq. ft., would be 11% of the building facade and be compliant with City Code regarding maximum sign area. In addition, the applicant is also requesting a Variance to allow for the sign banners to be attached to the building until All-American Recreation moves from the location, or until the building is removed from the City of Eagan's future development plan. Although the future is uncertain, it is staff's evaluation that a reasonable limit of time, such as 6 months, is placed on how long the temporary sign banners are allowed to remain on the building. Reconsideration of All-American's permanent signage plans and the redevelopment progress plans would be addressed at that time. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors: 1. The applicant's need to identify the All-American business located within the building; 2. The location is part of the Cedar Grove Redevelopment Area, and the building and land may be under consideration to be purchased by a developer in the near future; 3. According to the applicant, two permanent neon signs to identify their business and three of the products they warehouse and sell would cost $30,000.00. Purchasing signage at this cost would not be economically prudent if the building is to be demolished in the near future; 4. Approval of the variance will not negatively impact surrounding properties. Planning Report - All-American Recreation Variance November 14, 2002 Page 4 of 4 CONDITIONS City Code Sec. 4.20 Subd. 9 states "No signs shall be erected or maintained anywhere in the city without first obtaining a sign permit." It further states "Permit fees are as adopted by resolution of the council and shall accompany the permit application." If approved, a sign permit and permit fees for two signs would be required before sign installation. SUMMARY/CONCLUSION Gerald Schiltz is requesting a Variance for two temporary banner signs to increase the size and allowed display time for All-American Recreation, located on the east side of the Cedar Grove Redevelopment Area. The applicant is requesting the temporary sign banners be allowed to remain on the building until they move from the location, or until the building is removed from the City of Eagan future development plan. Staff's evaluation is a reasonable time limit, such as 6 months, is imposed as a restriction. A determination of whether or not the applicant has sufficiently demonstrated hardship is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve a 170-day Variance from the 10 days out of any calendar month standard and a 170 sq. ft. Variance to the 25 sq. ft. standard for two temporary signs to be located at 3820 Sibley Memorial Highway in the NE '/4 of Section 19. Eagan Boundary Street Centerline Location Map Parcel Area Building Footprint Sub-ect Site -? ??•°r? ©© -% C::D e 3 3 ) F3F yam- it DLL 1 i r 4ti ? r _ u• 1 • - :? c•w u• ?? -2 L= T- 7 ` . r -, :V??.-? Q,r i 1-`61 / -L " '1 `'. 1000 0 1000 2000 Feet Development/Developer: All American Recreation Application: Sign Variance Case No.: 19-VA-34-11-02 Map Prepared using SERSI ul Department and nd is current as of March 2002. ?Yv City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY c + %4 ; ;y ,; _, , ., The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Oovd°rrnent Departn+et not responsible for errors or omissions. all- Rican r 'on A all we deft a FUN! November 2, 2002 Mr. Jamie Verbrugge Assistant City Administrator City of Eagan 3Q301 Pilct Knob R:.ad Eagan, MN 55122-1897 Reference: 3820 Sibley Memorial Highway, Eagan, MN Dear Jamie, Phone # 651-681-4603 We are in the process of getting quotes for exterior neon signs on the referenced building. Exterior neon letters and the electrical work necessary to power them would cost us approximately $30,000. We can justify this amount of money due to the drive by traffic and the extra business that this would provide our company over the next five years. It is our understanding that the referenced building and land is under consideration to be purchased by a developer to construct a shopping center in the near future. It does not make economical sense for us to purchase expensive exterior neon signs if the building is due to be demolished in the near future. We are requesting permission to install two vinyl signs in lieu of the neon signs on the exterior of the building. One of the vinyl signs would show our company name and be approximately 5' wide by 15' long. The other vinyl sign would be approximately 3' wide by 40' long and name our products. Both signs would have white background and blue border. Letters used on both signs would be red in color. Both signs would be located on the north facade of the building. See vinyl sign letters and illustrations below: 5' x 15' Sign all-american recreation Page 1 of 2 BLOOMINGTON EXCELSIOR LITTLE CANADA 9129 Old Ceder Ave. So. 55425 5420 M anitou Rd. 55331 2940 Rios St 55113 952-854-5454 952.474-6666 651-482-8000 OAKDALE BROOKLYN PARK EAGAN - Whse. 6592 Hudson Blvd. N. 55128 6948 Co. Rd. s 61 55428 3820 Hwy. 13 55122 651-735-9000 763-503-9000 651-405-1111 • I U NARRATIVE - - - ,. Page 2 of 2 3' x 40' Sign [POOLS SPAS GAME TABLES We would provide complete sign lay-out and drawings to the City of Eagan for approval prior to getting the vinyl signs made. We would want to use these signs for a longer period of time than the normal temporary sign permit allowance. We would require that these vinyl signs be attached to the building until we move from this location or until the building is removed from the City of Eagan future development plans. We are requesting permission to provide signage on the referenced building before Thanksgiving for the Holiday retail sales season. Please call me at our Eagan office number 651-405-1111 or my cell phone number 612- 868-9991 with questions regarding this request. Sincerely, All-American Recreation Inc. Jerry Schiltz President A;k NARRATIVE ali-ankencan recreation 9 aU WI2 a f UNl since 1972 November 19, 2002 Ms Mary Granley Code Enforcement Tech. City of Eagan 3830 Pilot Knob Road Eagan, 55122-1897 Reference: 3820 Sibley Memorial Highway, Eagan, MN Building Signs Dear Mary, Please change our request for signage on the referenced building to the following: The 120 square foot 3' x 40' sign area will be used in the winter months as follows: Color photo of. Spa, Pool Table, Foosball Table & Air Hockey Table Note: The 120 square foot 3' x 40' sign area will used in the winter months to show products as indicated above and this same 3' x 40' sign area will be used in the summer months to show products as indicated below. The 120 square foot 3' x 40' sign area will be used in the summer months as follows: Color photo of Spa, Swimming Pool & Pool Table The, 75 square foot 5' x 15' sign area will be used year round as follows: all-american recreation Please call me at our office number 651-405-1111 or my cell phone number 612-868- 9991 if you have questions regarding this request. Sincerely All-American Recreation Inc. 10, Jerry Schiltz - President BLOOMINGTON EXCELSIOR LITTLE CANADA 9129 Old Cdr Ave. So. 55125 5420 MM.nitou Rd. 55331 2940 Rica St. 55113 952-854-5454 952-4746666 651-482-8000 OAKDALE BROOKLYN PARK EAGAN - Whse. 6592 Hudson Blvd. N. 55129 0910 Co. Rd. # 91 55428 3820 Hwy. 13 55122 651-735-9000 763-503-9000 651-405-1111 (03 ADDITIONAL NARRATIVE Agenda Information Memo December 2, 2002 C. PROJECT 764R, SELMARK ADD., HARVEY ADD. & BURRVIEW ACRES STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 764R (Selmark Addition, Harvey Addition and Burrview Acres - Street Improvements) with the following conditions: 1) Include/Delete Alternatives; 2) Authorize "No Parking" signs on both sides of Chapel Lane (Dodd Lane to TH 149); and, if approved, authorize the preparation of detailed final plans and specifications. FACTS: • The bituminous recycling of the streets within the Selmark/HarveyBurrview neighborhood, including Chapel Lane, Random Road, Sally Circle, Roll Lane and Wren Lane, is programmed for 2003 in the City's 5-Year Capital Improvement Program (2003-2007). • The public improvements associated with Project 764R have been considered twice previously by the City Council on April 6, 1999, and May 1, 2001. The improvements have been delayed both times due to impending development adjacent to the neighborhood. All of the adjacent development has been completed. • On November 7, 2002, the feasibility report for Project 764R was presented to the City Council and a Public Hearing was scheduled for December 2 to formally present and discuss the report with the neighborhood. • An informational meeting was held on November 25 at 6:30 p.m. in the Council Chambers at City Hall. Of the notices mailed to the 60 residential parcels proposed to be assessed, 8 persons 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. ISSUES: • The conditions listed as part of the action need to be specifically addressed, as they are issues raised by the residents at the informational neighborhood meeting for the Council's consideration. ATTACHMENTS: • Feasibility Report, pages through • Informational Neighborhood Meeting Minutes, pages through Loq city of cac?an Report for Selmark, Harvey, Burrview Acres Addition Street Improvements City Project No. 764R Eagan, Minnesota December 2002 File No. 49-98-807 Bonestroo Rosene Anderlik & ? I Associates .Engineers & Architects November 26, 2002 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G Bonestroo. PE • Marvin L Sorvala. PE • Glenn R Cook. RE • Robert G Schunicht P.E Jerry A. Bourdon. RE Senior Consultants: Robert W. Rosene, RE • Joseph C Anderlik, RE • Richard E Turner. RE • Susan M. Eberlin. C.PA. Associate Principals: Keith A Gordon. PE. • Robert R Pfefferle. RE • Richard W Foster, RE • David 0 Loskota. RE Mark A Hanson. RE • Michael T Rautmann, RE • Ted K Field. P.E. • Kenneth P Anderson, PE • Mark R Rolls. RE David A. Bonestroo, M.B.A. • Sidney P. Williamson. RE_ LS • Agnes M Ring. M.BA. • Allan Rick Schmidt. RE Thomas W Peterson. P.E. • James R Maland, P.E. • Miles B. Jensen, RE. • L Phillip Gravel III. RE • Daniel J Edgerton. RE Ismael Martinez. RE • Thomas A. Syfko. RE • Sheldon J Johnson • Dale A Grove. RE • Thomas A Roushar. RE Robert J. Devery, RE Offices: St Paul, St Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago. IL Website: www.bonestroo.com Re: Selmark, Harvey, Burrview Acres Addition Street Improvements City Project No. 764R BRA File No. 49-98-807 Dear Mayor and Council: Attached is our report for Selmark, Harvey, Burrview Acres Street Improvements. Proposed utility and street improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Respectfully cubrnitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Kevin B. Kimmes Attachment I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Mark A. Hanson Reviewed by: If - Z-7 J ep •tine tt of Public Works Reviewed bv: Finan apartment Date: 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311 Date: November 26, 2002 Registration No. 14260 TABLE OF CONTENTS Letter of Transmittal ...................................................................................... 1 Table of Contents .......................................................................................... 2 Introduction ................................................................................................... 3 Figure No. I - Location Plan ....................................................................... 4 Scope ............................................................................................................. 5 Feasibility and Recommendations .................................................................. 6 Discussion ..................................................................................................... 7 Utility ....................................................................................................... 7 Street ......................................................................................................... 7 Proposed Improvements ................................................................................ 8 Cost Estimates ............................................................................................... 9 Easements and Permits .................................................................................. 9 Areas To Be Included .................................................................................... 10 Assessments .................................................................................................. I 1 Assessment Financing Options ..................................................................... 13 Revenue Sources ........................................................................................... 13 Project Schedule ............................................................................................ 14 Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll Figure No. 2 - Parcel Identification Figure No. 3 - Typical Sections Figure No. 4 - Maintenance Completed by City of Eagan Figure No. 5 - Alternative Traffic Calming Choker Typical Design Figure No. 6 - Alternative Traffic Calming Locations Figure No. 7 - Alternative Realignment of 90-Degree Turns Cpl Selmnrk. Haney. Burnview Acres Addition Street Improvements 2 INTRODUCTION As a part of Eagan's Pavement Maintenance 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 was developed from this information. Portions of Selmark, Harvey, Burrview Acres, and Hoeft Additions have been identified for rehabilitation improvements in 2003. Figure 1 illustrates the project location and limits. These additions consist of 32-foot residential roadways constructed in 1970 as part of the adjacent development. Based on the data and engineering strategies available at this time, the City's Pavement Maintenance Program incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5-7 years, again at 12-14 years, with a bituminous overlay at approximately 20 years. Timely maintenance work, such as bituminous milling and patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. These streets have been evaluated several times since 1989 and the field data gathered indicates what maintenance strategies are most appropriate. The City of Eagan's maintenance records indicate that these streets were last seal coated in 1990. This maintenance work has extended the life cycle of the pavement. The most recent maintenance patching that was completed in 1998 only provided a temporary reprieve until the proposed improvements could be constructed. Even with the City's maintenance program, analysis of existing bituminous street surface has indicated that streets have deteriorated to a brittle condition where a bituminous overlay would not be appropriate and replacement of the entire bituminous section would be most cost effective. Selmnrk. Harvey, Burndex Acres Addition Street Improvements 3 LOCATION PLAN ° 500 100° feet Bonestroo _ G Rosene EAGAN, MINNESOTA ?P 7 FIGURE 1 Associates SELMARK, HARVEY, BURRVIEW ACRES STREET IMPROVEMENTS Engineers Q Architects CITY PROJECT NO. 764R K:\49\4999104\Cad_4998807\dwg\4998807r01.dwg 03/01/2001 09:02;31 AM CST 49-98-807 ff N/Gum SCOPE This project provides for the reclamation (blending the existing pavement surface and gravel base for use as new gravel base) and construction of new bituminous surface on approximately 0.9 miles of streets located within the Selmark, Harvey, Burrview Acres, and Hoeft Additions. Figure 2, located at the back of this report, illustrates the project limits and which parcels of these additions will be affected. Also included for improvements are the replacement of damaged curb and gutter, and the adjustments of the existing sanitary sewer manholes and gate valve boxes. The relocation of a section of storm sewer that currently places a catch basin manhole in a driveway has also been included as part of this report. This relocation will require the need of temporary construction easements. Therefore, this improvement will only take place with the adjacent homeowners consent. An alternative has been included that can utilize a traffic calming choker design for a narrower segment (28' wide) of Chapel Lane. This design would enhance the original road to accentuate its traffic calming effects. The typical design of a traffic choker is shown in Figure 5, located at the back of this report. The possible locations of the traffic calming chokers are shown in Figure 6. An additional alternative has also been included to reduce the severity of the 90-degree turns in Chapel Lane at the northwest corner of Bur Oaks Park. The alternative shown in Figure 7, located at the back of this report, will increase the radius size of the turns. Therefore, no easements will be necessary. The severity of this change can be changed, but any further "straightening" of this section will require the need to occupy a portion of the existing park. If other options are sought, they can be included within the final design of this project. ?0 Selinark, Hanvev. Burrview Acres Addition Street lmprni cinents 5 FEASIBILITY AND RECOMMENDATIONS This project is necessary to decrease maintenance costs, create a safer driving surface, and increase ride ability. This project is cost effective in that the proposed improvement (reclamation) is considerably less expensive that totally reconstructing these streets. The project is feasible from an engineering standpoint in that this type of improvement has been used successfully on other streets throughout the City. This project is in accordance with the Five Year Capital Improvement Plan (2003-2007) for the City of Eagan and the schedule as outlined in the Pavement Maintenance Program. It is recommended that: ¦ The feasibility report be reviewed by the City Council/Staff and a public hearing be scheduled for December 2, 2002. ¦ This project, due to its size, be constructed as proposed in this report in combination with other similar type projects in the City, if practical. ¦ Street lighting is not included in this proposed project. However, if the residents petition the City for the streetlight improvements, a separate public improvement project can be initiated on it's own schedule and merits. • Reclamation of the existing bituminous and gravel base be used for the most economical project. 21 Selmnrk, Haney. Burnview Acres Addition Street Improvements 6 DISCUSSION Utility Utility manhole castings in the street surface will be adjusted and/or replaced as needed to accommodate the new bituminous street surface. Faulty or damaged utility items that have been identified by the Eagan Public Works as in need of replacing will also be addressed as part of this project. Eagan Public Works has reviewed maintenance records and field inspected the existing utility systems for additional repairs and improvements. Also, a section of storm sewer will be relocated to move a catch basin manhole from blocking a driveway. Street 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) is a tool used to rank the surface condition for each street. The general categories, which define PCI rankings, are as follows: PCI Pavement Improvement Warranted 56 - 100 Routine Maintenance/Crack Sealing/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0-35 Reconstruct The 1999 PCI ranking for the portion of roadways discussed in this report has pavement conditions ranging from 17 to 53 with an average weighted pavement condition of 33. A PCI ranking of 33 falls within the rankings of the "Reconstruct" category. This PCI ranking makes the streets included in the project appropriate candidates for the reclamation type of construction detailed below. The last PCI ratings for the streets in the proposed area were completed in August 1999. Due to the 3-year time span and the deterioration curve the ratings have decreased substantially to a point where replacement of the entire bituminous section is warranted. qO Selmark, Hamer, Bnrn,iew- Acres Addition Street Improvements 7 PROPOSED IMPROVEMENTS The proposed street improvements are shown on Figure No. 3. The existing street section consists of approximately 2-3"' of bituminous surface supported by a 0-6" gravel base. The existing bituminous surface. along with 3-4" of the gravel base will be reclaimed (which involves grinding, mixing and processing in place) to a depth of approximately 6". Spot placement of new class 5 will also occur in areas of soft soils. This reclaimed material will be left in place on the street and used as gravel base beneath a new 2'' base course and a 1F' wear course bituminous pavement. The new pavement, combined with the reclaimed material as gravel base. will provide a street section consistent with current City standards for a residential street. The combination of reclamation and new pavement will not eliminate cracking due to the temperature e\tremcs e\perienced in Minnesota. Routine maintenance will still need to continue under the (itv*s Pavement \lanaLcment Program. Uama_ed , urb and .cutter ?? ill he replaced if severely cracked, shalled, or settled. It is estimated that apprommatcl\ 2?" of the existing concrete curb will haN to he replaced. St /war;. li.:I ? , \ /incur, i. t, fe N :AJ,/III(,I, )1rr(1 /nt/'r(n rnuwtS 13 8 COST ESTIMATE A detailed cost estimate is presented in Appendix A located at the back of this report, which is also summarized below. The total estimated project cost for street improvements is $348,800, which includes 5% contingencies and 30% indirect costs. Indirect costs include administrative, engineering, construction interest, and legal expenses. Street Resurfacing $250,100 Curb and Gutter repairs $50,500 Utility Improvements $48,200 Total Contract Amount $348,800 EASEMENTS AND PERMITS All work will be completed in the public right-of-way unless otherwise noted for the storm sewer adjustment. Again, the storm sewer adjustment will only be done with the homeowners consent. A temporary easement would be required for only this work. Permits are required from the Minnesota Department of Transportation for work done within their right of way. Selmark, Harvey. Burmew A( res Addition Street Improvements /71 9 AREAS TO BE INCLUDED Burrview Acres Block 1, Lot 1 Block 1, Lot 2 Block 1, Lot 3 Block 1, Lot 4 Block 1, Lot 5 Block 1, Lot 6 Block 1, Lot 7 Block 1, Lot 8 Block 1, Lot 9 Block 1, Lot 10 Block 1, Lot 11 Block 1, Lot 13 Block 1, Lot 14 Block 1, Lot 15 Block 1, Lot 16 Block 1, Lot 17 Block 1, Lot 18 Block 1, Lot 19 Block 1, Lot 20 Harvey Add Block 1, Lot 1 Block 1, Lot 2 Block 1, Lot 3 Block 1, Lot 4 Block 1, Lot 6 Harvey Add No. 2 Block 1, Lot 1 Block 1, Lot 2 Block 1, Lot 3 Block 1, Lot 4 Block 1, Lot 5 Block 1, Lot 6 Block 1, Lot 7 Block 1, Lot 8 Block 1, Lot 9 Block 1, Lot 10 Block 1, Lot 11 Block 1, Lot 12 Block 1, Lot 13 Selmark Block 1, Lot 1 Block 1, Lot 2 Block 1, Lot 3 Block 1, Lot 4 Block 1, Lot 5 Block 1, Lot 6 Block 1, Lot 7 Block 1, Lot 8 Block 2, Lot 1 Block 2, Lot 2 Block 2, Lot 3 Block 2, Lot 4 Block 3, Lot 1 Block 3, Lot 2 Block 3, Lot 3 Block 3, Lot 5 Block 3, Lot 6 Block 3, Lot 8 Block 3, Lot 9 Block 3, Lot 10 Block 3, Lot 11 Block 3, Lot 12 Block 3, Lot 13 Hoeft Add Block 1, Lot 2 Block 1, Lot 3 Block 1, Lot 4 Section 12 NW 1/4 Section Parcel 010-08 Parcel 020-08 Parcel 030-08 Parcel 040-08 Parcel 050-08 Parcel 050-10 Crane Creek Addition Selmark, Hanvey, Burnview Acres Addition Street Improvements q15" IO ASSESSMENTS Assessments are proposed to be levied against the benefited properties for the improvement with costs allocated in accordance with the City of Eagan's Assessment Policy for street improvements for local residential streets. All Assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. Street Resurfacing - Recycle Assessment Ratio Property City Bituminous Street Resurfacing - Low Density Residential R1, 2, 3) 75% 25% Repair Concrete Curb & Gutter 0% 100% Utility Improvements and Adjustments 0% 100% Traffic Calming Choker 100% 0% 90 Degree Curve Adjustments 100% 0% Residential Lots All residential equivalent properties (68 total) having driveway access onto the streets to be improved are proposed to be assessed. The City Assessment Policy states that 75% of the bituminous street improvement costs are assessable for residential properties and are based on a normal residential width street (32 feet wide). The estimated cost per residential lot to be assessed based on the City Assessment Policy is $2,760/lot and is calculated as follows: 1) ($250,000 Bituminous Street Cost)} x 75% = $187,500 2) $187,500 - R-3 Assessments ($13,300) = $174,200 3) $174,200 (Total Residential Assessment) = $2,560/ lot 68 Residential Lots Town Home Units All R-3 residential properties having access to streets within the project area are proposed to be assessed based on the frontage of the common property adjacent to an improved street. The City's assessment policy states that 75% of the reclaimed/bituminous overlay street costs for a standard residential street (32' width) are assessable to these residential properties. The City's assessment policy also states that these residential properties are to be assessed a maximum of Selmnrk, Haney. Burrview Acres Addition Street Improvements -J/_ I/ 75% of the costs assessable to R-1 single family property. The estimated cost for R-3 residential properties are calculated as follows: 1) $ 250,000 Bituminous Street Cost x 75% = $ 187,500 2) $ 187,500 (Total Residential Assessment) x 382 (Frontage of Dodd Lane Townhouses) / 7000 (Total Project Frontage) = $ 10,250 3) $ 187,500 (Total Residential Assessment) x 120 (Frontage of Crane Creek Addition) / 7000 (Total Project Frontage) = $ 3,220 If any of the alternatives are chosen, the assessment of both R-1 units and R-3 units would have the assessment costs adding in using the above formula. The following table shows the assessment possibilities for the all of the alternatives. Unit Type Base Assessment Base and Traffic Calming Assessment Base and 90- degree turn alternative Base and both alternatives Residential Lot $2,560 $2,690 $3,200 $3,330 Dodd Lane $10,250 $10,720 $12,610 $13,090 Crane Creek $3,220 $3,370 $3,960 $4,110 Selmark, Haney, Burniew Acres Addition Street Improvements 12 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 on the property tax statement, the assessment will be spread over 10 years with the interest determined by the bond sale used to finance the improvements. The following payment schedule, for the base option only (no alternatives), will result based on an estimated 6% interest for the assessed amounts: Single Family Residential Lot = $2,560 Single Family/Town Home Principal/Year Interest/Year Cost/Year Cost/Month 151 Year $256 $153 $409 $34 101h Year $256 $15 $271 $22 REVENUE SOURCES Revenue to cover the cost of this project is as follows: Project Cost Assessment Revenue Balance Street Improvements $250,100 $187,500 -$62,600 Repair Curb & Gutter $50,500 0 -50,500 Utility Improvements $48,200 0 -48,200 $348,800 $187,500 -$161,300 Total Balance The City's Major Street Fund ($113,100) and Utility Enterprise Funds ($48,200) will finance the estimated project deficit of $161,300 (46% of project total). Selmnrk, Han vv, Burn•iew Acres Addition Street Improvements 13 PROJECT SCHEDULE Present Feasibility Report November 7`h Public Hearing December 2d Approve Plans and Specifications February 4`h Open Bids/Award Contract February 18`s Begin Construction May 2003 Final Completion August 15th Assessment Hearing November 2003 First Payment Due with Real Estate Taxes May 2004 Selmark, Haney, Burniew Acres Addition Street Improvements 1? 14 city of eagan Appendix A Preliminary Cost Estimate cO APPENDIX A PRELIMINARY COST ESTIMATE SELMARK, HARVEY, BURRVIEW ACRES - STREET RECONSTRUCTION CITY PROJECT NO. 764 BRA FILE NO. 49-98-807 Bituminous Street Improvement Item Unit Est. Qt y Unit Price Est. Cost Mobilization LS 1 4,000.00 $4,000.00 Traffic Control LS 1 3,000.00 $3,000.00 Reclaim Sit. Pavement / Gravel Base 6' Depth SY 21,500 1.75 $37,625.00 Remove Reclaimed Material Material (1') LV CY 700 4.00 $2,800.00 Bituminous Base Course (LV) TN 2,400 34.00 $81,600.00 Bitiminous Wear Course (LV) TN 1,200 36.00 $43,200.00 Bituminous Material for Tack GL 1,100 1.75 $1,925.00 Adjust Gate Valve Box EA 8 200.00 $1,600.00 Adjust Frame and Castings (MH) EA 15 250.00 $3,750.00 Water for Dust Control MG 100 25.00 $2,500.00 Water Street Sweeper w/ pickup HR 8 150.00 $1,200.00 Subtotal $183,200.00 +5% Contigencies $9,160.00 $192,360.00 +30% Indirect Costs $57,708.00 Total Street $250,068.00 Repair Existing Curb and Gutter Item Unit Est. Qty Unit Price Est. Cost Remove Concrete Curb and Gutter LF 1200 4.00 $4,800.00 Mountable Curb and Gutter LF 1200 15.00 $18,000.00 Adjust Frame, Ring, and Casting (CB) EA 8 250.00 S2,000.00 Highland Sod w/ 4" Select Topsoil SY 400 5.50 $2,200.00 Bituminous Material for Drwy Patch SY 80 20.00 $1,600.00 Concrete Valley Gutter w/ reinforcing SY 210 40.00 $8,400.00 Subtotal $37,000.00 +5% Contigencies $1,850.00 $38,850.00 +30% Indirect Costs $11,655.00 Total Curb and Gutter $50,505.00 Utility lmrovements Item Unit Est. Qty Unit Price Est. Cost Repair Ex. Curb Box and Stop EA 18 600.00 $10,800.00 F. and 1. 48" MH Cone Section EA 1 1,250.00 $1,250.00 Remove Ex. Catch Basin EA 7 300.00 52,100.00 F. and I. Catch Basin (2x3 w/casting) EA 7 750.00 $5,250.00 F. and I. 1'- 48" MH Barrel Section EA 2 700.00 S1,400.00 MH Castings (Sanitary Sewer) EA 25 300.00 S7,500.00 Remove 12" RCP LF 144 5.00 $720.00 F. and I. 12" RCP Cl. 5 LF 144 25.00 $3,600.00 R&R Gate Vale Box (full depth) EA 3 500.00 $1,500.00 Replace Gate Valve Top Section EA 4 300.00 $1,200.00 Subtotal S35,320.00 +5% Contigencies S1,766.00 S37,086.00 + 30% Indirect Costs S11,125.80 Total Utility $48,211.80 k:\49\4998807\wo rd\Appe nd ixA Traffic Calming Choker Item Unit Est. O ty Unit Price Est. Cost Remove Concrete Curb and Gutter LF 200 4.00 $800.00 B618 Curb and Gutter LF 200 15.00 $3,000.00 Select Topsoil CY 30 20.00 $600.00 Oak B&B (2 1/2' diameter) EA 6 300.00 $1,800.00 Flower (4" pot) EA 50 40.00 $2,000.00 Wood Chips CY 20 20.00 $400.00 Subtotal $8,600.00 +5% Contigencies $430.00 $9,030.00 +30% Indirect Costs $2,709.00 Total Project Cost $11,739.00 Alternative - Reconfigure 90 degree angles at Chapel Lane Item Unit Est. O ty Unit Price Est. Cost Remove Concrete Curb and Gutter LF 500 4.00 $2,000.00 B618 Curb and Gutter LF 500 15.00 $7,500.00 Common Excavation CY 250 5.00 $1,250.00 Class 5 Aggregate Base TN 150 12.00 $1,800.00 Type 32 Base Course Mixture TN 75 34.00 $2,550.00 Type 41 Wear Course Mixture TN 40 36.00 $1,440.00 Highland Sod w/4" Select Topsoil SY 600 5.00 $3,000.00 Bituminous Driveway, 2' Bit w/6" Class 5 Agg. SY 750 30.00 $22,500.00 Mailbox Relocation EA 5 100.00 $500.00 Subtotal $42,540.00 +5% Contigencies $2,127.00 $44,667.00 +30% Indirect Costs $13,400.10 Total Alternative $58,067.10 k:\49\4998807\word\AppendixA POP city of cnc?en Appendix B Preliminary Assessment Roll 93 APPENDIX B SUMMARY PRELIMINARY ASSESSMENT ROLL SELMARK, HARVEY, BURRVIEW ACRES- STREET RECONSTRUCTION CITY PROJECT NO. 764 BRA FILE NO. 49-98-807 R-1 Assesments Parcel Equivalent Assessment Parcel Description Address Lots Per Lot Total Burrview Acres Block 1, Lot 1 515 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 2 525 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 3 535 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 4 545 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 5 555 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 6 565 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 7 575 Chapel Lane 1 $2,561.16 $2,561.76 Block 1, Lot 8 585 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 9 595 Chapel Lane 1 $2,561.76 52,561.76 Block 1, Lot 10 1 $2,561.76 $2,561.76 Block 1, Lot 11 1 $2,561.76 $2,561.76 Block 1, Lot 13 580 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 14 570 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 15 540 Chapel Lane 1 $2,561.76 S2,561.76 Block 1, Lot 16 530 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 17 526 Chapel Lane 1 $2,561.76 S2,561.76 Block 1, Lot 18 524 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 19 520 Chapel Lane 1 52,561.76 S2,561.76 Block 1, Lot 20 510 Chapel Lane 1 S2,561.76 $2,561.76 Selmark Block 1, Lot 1 3235 Random Road 1 $2,561.76 S2,561.76 Block 1, Lot 2 3239 Random Road 1 $2,561.76 $2,561.76 Block 1, Lot 3 3245 Random Road 1 $2,561.76 $2,561.76 Block 1, Lot 4 3255 Random Road 1 S2,561.76 S2,561.76 Block 1, Lot 5 3259 Random Road 1 $2,561.76 S2,561.76 Block 1, Lot 6 3265 Random Road 1 $2,561.76 $2,561.76 Block 1, Lot 7 3275 Random Road 1 $2,561.76 $2,561.76 Block 2, Lot 1 611 Sally Circle 1 $2,561.76 $2,561.76 Block 2, Lot 2 617 Sally Circle 1 $2,561.76 $2,561.76 Block 2, Lot 3 625 Sally Circle 1 $2,561.76 $2,561.76 Block 2, Lot 4 629 Sally Circle 1 $2,561.76 $2,561.76 Block 3, Lot 1 610 Sally Circle 1 $2,561.76 $2,561.76 Block 3, Lot 2 614 Sally Circle 1 $2,561.76 $2,561.76 Block 3, Lot 3 616 Sally Circle 1 $2,561.76 S2,561.76 Block 3, Lot 5 620 Sally Circle 1 $2,561.76 S2,561.76 Block 3, Lot 6 622 Sally Circle 1 $2,561.76 S2,561.76 Block 3, Lot 8 607 Chapel Lane 1 S2,561.76 $2,561.76 Block 3, Lot 9 611 Chapel Lane 1 $2,561.76 S2,561.76 Block 3, Lot 10 615 Chapel Lane 1 $2,561.76 S2,561.76 Block 3, Lot 11 625 Chapel Lane 1 $2,561.76 S2,561.76 Block 3, Lot 12 626 Sally Circle 1 $2,561.76 S2,561.76 Block 3, -Lot 13 624 Salty Circle 1 $2,561.76 52,561.76 Hoeft Add Block 1, Lot 2 642 Rita Court 1 $2,561.76 S2,561.76 Block 1, Lot 3 618 Sally Circle 1 $2,561.76 S2,561.76 Block 1, Lot 4 603 Chapel Lane 1 $2,561.76 S2,561.76 8? Harvey Add Block 1, Lot 1 3216 Random Road 1 $2,561.76 $2,561.76 Block 1, Lot 2 645 Rita Court 1 $2,561.76 $2,561.76 Block 1, Lot 3 3220 Random Road 1 $2,561.76 $2,561.76 Block 1, Lot 4 646 Rita Court 1 $2,561.76 $2,561.76 Block 1, Lot 6 640 Rita Court 1 $2,561.76 $2,561.76 Harvey Add No. 2 Block 1, Lot 1 620 Chapel Lane 1 $2,561.76 $2,561.76 Block 1, Lot 2 3309 Wren Lane 1 $2,561.76 $2,561.76 Block 1, Lot 3 3317 Wren Lane 1 $2,561.76 $2,561.76. Block 1, Lot 4 3325 Wren Lane 1 $2,561.76 $2,561.76 Block 1, Lot 5 3326 Wren Lane 1 $2,561.76 $2,561.76 Block 1, Lot 6 3318 Wren Lane 1 $2,561.76 $2,561.76 Block 1, Lot 7 3310 Wren Lane 1 $2,561.76 $2,561.76 Block 1, Lot 8 3311 Roll Lane 1 $2,561.76 $2,561.76 Block 1, Lot 9 3319 Roll Lane 1 $2,561.76 $2,561.76 Block 1, Lot 10 3327 Roll Lane 1 $2,561.76 $2,561.76 Block 1, Lot 11 3328 Roll Lane 1 $2,561.76 $2,561.76 Block 1, Lot 12 3320 Roll Lane 1 $2,561.76 $2,561.76 Block 1, Lot 13 3312 Roll Lane 1 $2,561.76 $2,561.76 Section 12 NW 1/4 Section Parcel 010-08 3209 Random Road 1 $2,561.76 $2,561.76 Parcel 020-08 3213 Random Road 1 $2,561.76 $2,561.76 Parcel 030-08 3217 Random Road 1 $2,561.76 $2,561.76 Parcel 040-08 3221 Random Road 1 $2,561.76 $2,561.76 Parcel 050-08 3225 Random Road 1 $2,561.76 $2,561.76 Parcel 050-10 3205 Random Road 1 $2,561.76 $2,561.76 Totals 68 $174,200 R-3 Assesments Lot Total Percentage Total Total Parcel Description Frontage Frontage Multiplier Cost Assessment Dodd Lane Townhomes 382 7000 0.0546 $187,735 $10,244.97 Crane Creek Townhome 120 7000 0.0171 $187,735 $3,218.31 Totals $13,463.28 city of ccicjcin Figures U.S H/Gh,HgY NO S, 5 1 HARVEY ADDN. 0?0 1 RT 20'0 2 6 E R D -0 3 4 2 1 1 2 3 3 q Q cn 2 ( 3 5 4 163 2 1 (( 1 12 CHAPEL LAN1 18 10 20 ?G\JEthT 4 6 2 7 8 13 \\- 3 6 9 12 CITY PARK PROPERTY 4 5 10 11 HARVEY ADDN. N 2 ROLL LANE WREN LAN Project Limits / Assessment Area 0 200 400 Scote in feet JA Bonestroo PARCEL IDENTIFICATION Rosene NEW Anderlik & EAGAN, MINNESOTA FIGURE 2 " Associates SELMARK, HARVEY, BURRVIEW ACR?? STREET IMPROVEMENTS Engineers & Architects CITY PROJECT NO. 764R Ki\49\4999104\Cnd_4998807\dwg\4998807r02.dwg 03/01/2001 09:11:14 AM CST 49-98-807 R Curbing Existing Bituminous Pavement, 2"-3" Existing Gravel Base, 0"- 6" EXISTING SECTION-RANDOM ROAD/CHAPEL LANE No Scale RECLAIMED STREET TYPICAL SECTION I'L q Reclaim Bit. Pavement & 3" Reclaimed Material Eoncrete urb IT- New Bituminous Wear Course, 1" New Bituminous Base Course, 2" Reclaimed Material Base, 6" NEW SECTION No Scale TYPICAL SECTIONS EAGAN, MINNESOTA U FIGURE 3 SELMARK, HARVEY, BURRVIEW ACRES STREET IMPROVEMENTS CITY PROJECT NO. 764R K:\49\4999104\Cod_4998807\dwg\4998807r03.dwg 03/01/2001 09:26:45 AM CST Bonestroo Rosene Anderlik & Associates Engineers & Architects 49-98-807 I -- i ------------ - ------- - -------- Rita Court 5,520 sq: ft. --- Sally Circle Op, 60 sq. ....f{ 150 sq, .fit Chapel Lane ° -Chapel Lane 150 q. ft. 93 sq. ft. --- -- 60-s f 744 sq, ft. 60 sq. ft. Wren Lane Roll Lane _ ?- Mill & Patch o 1=3- Remove & Replace 0 200 100 rip- Se.,. In foot EAGAN, MINNESOTA FIGURE 4 SELMARK, HARVEY, BURRVIEW S STREET IMPROVEMENTS CITY PROJECT NO. 764 K:\49\4999104\Cad_4998807\dwg\4998807r04.dwg 03/01/2001 0934:00 AM CST Bonestroo Rosene v Anderlik & Associates Engineers & Architects 49-98-807 ROW EX. CURB & CUTTER i 150' ---- - - - - - - - - 0 000 E? 50' 0 J Cl) Cr) r- 0 B618 CONC. 00 0o CURB & GUTTER 150' MATCH EX. ROW LANDSCAPING CURB & GUTTER 60' R 34' TYPICAL SECTION - CHOKER TRAFFIC CALMING CHOKER EAGAN, MINNESOTA SELMARK, HARVEY, BURRVIEW CITY PROJECT NO. 764R FIGURE 5 RES STREET IMPROVEMENTS Bonestroo Rosene 0 Anderlik & Associates Engineers & Architects K.\49\4999104\Ccd-4998807\dwg\4998807r05.dwg 10/30/2002 34156 PM CST PROPOSED TRAFFIC CHOKER LOCATIONS 7? 0. 55 RI a I; u r 71 LS,?tj,E cl'e PROPOSED TRAFFIC CHOKER LOCATION NO.1 Chapel it Ili TRAFFIC CHOKER LOCATIONS PROPOSED TRAFFIC LOCATION N O.2 CHOKER- . .may 0 150 300 Scale M Net EAGAN, MINNESOTA (qj FIGURE 6 SELMARK, HARVEY, BURRVIEW -ACRES STREET IMPROVEMENTS CITY PROJECT NO. 764R K:\49\4999104\Cad_4998807\dwg\4998807rO9,dwg 04/17/2001 03:12:08 PM CDT LA Bonestroo Rosene o¦ fl Anderlik & Associates Engineers & Architects 49-98-807 90° ALTERN ATI VE OPTION EXISTING ROADWAY FUTURE CRANE CREEK CONNECTION Chapel Lane PROPOSED ROADWAY iJ WITH LARGE /RADIUS 1 o so 100 Seal. in f..t Bonestroo Rosene now - Anderlik & Associates EAGAN, MINNESOTA C 0-v FIGURE 7 SELMARK, HARVEY, BURRVIEW ACRES STREET IMPROVEMENTS CITY PROJECT NO. 764R K;\49\4999104\Cad_4998807\dwg\4998807r08.dwg 04/17/2001 03:00:14 PM CDT Engineers & Architects 49-98-807 INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 764R SELMARK, HARVEY, BURRVIEW ADDITIONS NOVEMBER 25, 2002, 6:30 P.M. COUNCIL CHAMBERS Attendance: Russ Matthys, City Engineer; Brett Bailly; Kevin Kimmes, Bonestroo, Rosene, Anderlik & Assoc.; 8 persons representing 6 properties (attendance sheet attached) A. Welcome and Introduction City Engineer Matthys welcomed the property representatives and introduced city staff and consultants. B. Presentation Consultant Kimmes presented project details; including photos of the existing streets, maintenance strategies for pavement life cycle extension, existing and proposed pavement sections, cost estimates, assessments and alternatives. C. Questions/Comments. 1. Crane Creek Town Homes have a lot of vehicles and create more traffic. Why aren't they being assessed more? Town homes constructed their own private streets, which they maintain, internally upon the property. They would be assessed based upon frontage adjacent to street improvement. 2. Why significant cost increase since last meeting? Staff explained state law on assessments requiring similar assessments of similar properties. Previously, Dodd Lane Town Homes were proposed to pay 75% of single-family assessment per unit. Staff cannot support that amount for either Dodd Lane or Crane Creek. In comparing proposed single-family assessments with other neighborhoods with similar projects in the past 2 years, cost per pavement surface area is nearly identical. There is, however, about 42% more street area per parcel in the Selmark/Harvey/Burrview neighborhood than in typical residential neighborhoods. This would equate to about 42% larger assessments. 3. Doesn't existing 90° curve create traffic calming? What would happen to parking at 90° curve for access to park and fishing? Complete consensus of residents in attendance: No chokers, No larger turning radius at 90° turns on Chapel Lane - No Alternatives. 4. Can we request "No Parking" between Highway 149 and Dodd Lane (entrance to town homes) on Chapel Lane? Truck consistently parking there makes difficult intersection even worse. Signing may be considered by the City Council. Staff recognizes existing limitations of intersection without additional hindrances. 5. What about grade improvements at Chapel Lane and TH 149? Grade improvements would need to be coordinated with possible improvements on TH 149. No current schedule for TH 149 improvements. City has been applying for federal funds due to lack of priority on MnDOT's improvement schedule. Staff will coordinate intersection grading improvements in future as funding shortages are addressed. ?3 6. What is status of Yankee Doodle Road extension? Eagan City Council approved project more than a year ago. Inver Grove Heights Council has not approved. County has given IGHts until February, 2003, to approve. Otherwise project will be cancelled and $4,000,000 of federal funding will be lost. 7. Once construction starts, what is access like? Limited impacts to accessibility throughout construction due to method of construction, recycling/reclamation. Only curb replacement at a driveway would prevent access to driveway for limited time. Construction notifications will be hand delivered and on City's website to update residents on construction schedule and provide contact information. 8. Are CB relocations at driveways included? With the permission of the two residents who have catch basins located in the middle of their driveways at the curb line, there may be relocation of these outside of the driveways. 9. Is project replacing MH lids? Why 27" lids replacing 24" lids if manhole cone not being changed? 24" manhole lids have become obsolete in the city. We no longer have replacements for that size. 10. Any other utility improvements? Any that will impact accessibility? One water service shut-off replacement. May impact driveway, but will be limited to boulevard. No significant work within the street limits. 11. If project approved (and I feel that it should be), and prices come in higher than expected, are we stuck with higher prices? No, we can re-bid the contract. Did that for Dodd Road South due to high bid prices and realized a 22% cost savings. G:RM'02/MISC/MINUTES/Proj. 764R, Selmark,Harvey,Burrview 11-25-02 2 W NEIGHBORHOOD MEETING SELMARK, HARVEY, BURRVIEW ADDNS PROJECT 764R MONDAY, NOVEMBER 25, 2002 - 6:30 P.M. NAME 1. 2.-(?GJQl1 V. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ADDRESS th j P S t iI Y?/ t/G ((' ?o3 ?a®ef Lame G: FORMS/SIGN-IN.Sheet 55- Agenda Information Memo December 2, 2002 D. PROJECT 851, TOWN CENTRE AREA STREET & TRAFFIC MANAGEMENT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 851 (Town Centre Area - Street and Traffic Management Improvements) with the following conditions: 1) Commercial properties to be assessed on an area basis, and Residential properties to be assessed on a frontage basis; 2) Include Sidewalk on Town Centre Drive on the east/south or west/north side; 3) Include Alternate #1, Left-Turn Lane on south leg of Town Centre/Denmark intersection; 4) Include Option A (single left-tum lane on west leg of Duckwood/Town Centre) for Area 3; and authorize the preparation of detailed final plans and specifications. FACTS: • The resurfacing of the streets within the Town Centre Area, including Town Centre Drive, Denmark Avenue, Duckwood Drive and Krestwood Lane, is programmed for 2003 in the City's 5-Year Capital Improvement Program (2003-2007). • On September 17, 2001, the City Council authorized the preparation of a traffic study and a feasibility report considering bituminous street rehabilitation on the streets within the Town Centre Area. • As part of the traffic study authorized by the City Council, staff completed the Town Centre Traffic Survey. After reviewing the survey responses, staff realized that there appeared to be enough concerns expressed about the traffic within the area to warrant the formation of the Town Centre Task Force. The recommendations of the task force have been incorporated into the feasibility report. • On September 30, 2002, an open house was held at the Fire Administration Building to present the Task Force recommendations to the public. 20 persons attended the open house. • On November 7, 2002, the feasibility report for Project 851 was presented to the City Council and a Public Hearing was scheduled for December 2 to formally present and discuss the report with the neighborhood. • An informational meeting was held on November 18 at 3:30 p.m. in the Community Room at City Hall. Of the 132 notices mailed out to representatives of the 35 Commercial parcels and 27 Residential parcels proposed to be assessed, 10 persons 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. In order to maximize the notification to all interested parties, the notices sent out for the neighborhood meeting included the notice of the scheduled public hearing. ISSUES: • Staff has communicated extensively with all of the businesses/commercial properties. Wal-Mart and Kohl's have both consented to the proposed improvements. Rainbow has not given staff any indication of their preferences. The revision to the Rainbow driveway is critical to the success of the traffic management improvements in that area of Town Centre. A representative of the Auto Mall at the northeast corner of Pilot Knob and Duckwood is not supportive of the proposed median on Duckwood that is needed for the signal improvements at Town Centre/Duckwood and Pilot Knob. ATTACHMENTS: • Feasibility Report, pages through //, • Informational Neighborhood Meeting Minutes, ,ages through /7. • Letter from affected business owner, page ,w? . 90 city of aclgcin Feasibility Report Town Centre Area Eagan, Minnesota City Project No. 851 S.A.P. Nos. 195-105-07, 195-114-05 SEH No. A-EAGAN0204.00 November 7, 2002 97 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 651,490.2150 FAX architecture engineering environmental transportation J November 7, 2002 RE: Town Centre Area Feasibility Report Eagan, Minnesota S.A.P. Nos. 195-105-07, 195-114-05 City Project No. 851 SEH No. A-EAGAN0204.00 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Dear Mayor and Council Members: Enclosed is our report for the Town Centre Area traffic management and pavement maintenance improvements, City Project No. 851. This report summarizes the efforts of the Town Centre Area Traffic Management Task Force and discusses the proposed street, traffic signal. sidewalk and utility construction and presents cost estimates for these improvements. We are available to discuss the proposed improvements at a time that is convenient to you. Thank you for providing SEH with the opportunity to be of service to the City of Eagan. Sincerely, V\ • Thomas A. Sohrweide, P.E., P.T.O.E. Project Manager, Principal nm t:\u r'r ,rwo,rh-g? [\02U1vawnnccn[rerp[.dic Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer ?e Town Centre Area Feasibility Report Eagan, Minnesota City Project No. 851 S.A.P. Nos. 195-105-07, 195-114-05 SEH No. A-EAGAN0204.00 November 7, 2002 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Thomas A. Sohrweide, P.E., P.T.O.E. Date: `7 /c7 Z_ Lic. No.: Z O 9 4 3 Reviewed by: 4?,, SEH Reviewed by: ,L t--7-\ ' Public Works Reviewed by: r'W Finance Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 Date 23-0i ment II7oL Date Il-Z7-02 Date ?9 Table of Contents Letter of Transmittal Certification Page Page 1.0 Introduction/History ...................................................................................1 1.1 Public Involvement ................................................................................ ..1 1.2 Pavement Histories ............................................................................... .. 2 2.0 Scope ............................................................................................................ .. 3 3.0 Feasibility and Recommendations ............................................................ ..4 4.0 Street Evaluation ......................................................................................... .. 5 5.0 Proposed Improvements ............................................................................ .. 5 5.1 Roadway ............................................................................................... .. 5 5.2 Traffic Signals ........................................................................................ .. 6 5.3 Curb and Gutter ..................................................................................... .. 6 5.4 Sidewalk ................................................................................................ .. 6 5.5 Driveway Replacement ................................ 5.6 Utility Improvements .............................................................................. .. 7 6.0 Easements/Permits ..................................................................................... .. 7 7.0 Cost Estimate .............................................................................................. ..8 8.0 Assessments ............................................................................................... .. 9 8.1 Commercial Property / High Density Residential (R-4) .......................... ..9 8.2 Assessment Rate Calculations .............................................................. ..9 8.2.1 Street Assessment ...................................................................... .. 9 8.2.2 Sidewalk Assessments ............................................................... .. 9 8.2.3 Driveway Assessments ............................................................... 10 8.2.4 Parking Lot Assessments ........................................................... 10 9.0 Assessment Financing Options .................................................................10 10.0 Revenue Source ..........................................................................................11 11.0 Project Schedule .........................................................................................12 SEH is a reListered tradeinark of Short Elliott Hendnrksoi, Inc. Feasibility Report A-EAGAN0204 00 City of Eagan. Minnesota /70 Page i Table of Contents (Continued) List of Exhibits 1 Exhibit 1 - Project Location Map Exhibit 2 - Key Map Exhibit 3 - Area 1 Improvements Exhibit 4 - Area 2 Improvements Exhibit 5 - Area 3- Option A Improvements Exhibit 6 - Area 3- Option B Improvements Exhibit 7 - Area 4 Improvements Exhibit 8 - Area 5 Improvements Exhibit 9 - Town Centre Drive Typical Section Exhibit 10 - Duckwood Drive Typical Section Exhibit 11 - Open House Comments Exhibit 12 - City of Eagan Standard Plate 440 Exhibit 13 - Easement Map List of Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Accident Analysis On-Line Survey and Sample Responses Meeting Summary Cost Estimates Preliminary Assessment Roll Feasibility Report A-EAGAN0204.00 City of Eagan. Minnesota ` 0/ Page ii November 7, 2002 Feasibility Report Town Centre Area I Prepared for City of Eagan 1.0 Introduction/History As part of Eagan's continuing 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 streets on a routine basis and schedule timely maintenance. A Five-Year Capital Improvement Program (CIP) for street rehabilitation is developed each year from this information. The Town Centre Area experiences the highest volume of traffic in the City's local transportation system and was identified for street resurfacing improvements in 2001 as part of the 2001-2005 City of Eagan CIP. Exhibit 1, located in the back of this report, illustrates the project location in central Eagan. Preliminary discussions by City staff indicated that the Town Centre Area is plagued by undesirable and, at times, potentially unsafe traffic conditions. City staff determined that the routine street improvement project should be expanded to address the traffic concerns in this area. 1.1 Public Involvement In an effort to better define the actual and perceived traffic problems that exist in the Town Centre Area. City staff sought data from numerous sources. Realizing the unique and critical benefits this area provides the City of Eagan, public involvement techniques were engaged along with typical engineering studies. First, an Accident Analysis was performed. Reports of accidents in the Town Centre Area were collected from the City of Eagan Police Department. the Dakota County Sheriff, and the Minnesota State Patrol. The location and type of accident. as described in the accident reports, were noted. Appendix A. located in the hack of this report. illustrates the accident history for the Town Centre Area. The accident analysis indicates a 167% increase in annual accidents from 1996 to A-EAGAN0204.00 / image 1 2001. Further, Town Centre Drive showed the greatest number of accidents relative to Denmark and Duckwood Avenues while the Town Centre Drive/Duckwood Avenue intersection experiences a significant amount of "failure to yield" type collisions. Second, City staff coordinated an effort to receive input from City residents and drivers of the Town Centre Area to better define the traffic problems. A Survey was created which asked questions in such a manner as to provide responses containing specific and detailed information. The survey was placed on the City's website and was also made available via the City's voicemail system. Signs requesting resident and driver input were placed in the Town Centre Area for a period of approximately four (4) weeks. Approximately 800 responses were received from the survey on the City's website and another 120 responses were received on the City's voicemail system. Appendix B contains a copy of the online survey and a sample of the responses received. The complete set of responses is available for review at the City of Eagan Engineering Office. Third, a Task Force was assembled to discuss potential solutions to the traffic concerns identified in the accident analysis and responses to the City's survey. Ten volunteers were selected for the Task Force and included representatives of the Town Centre Area business community, City of Eagan residents, neighbors of the Town Centre Area, City staff representing the Engineering and Public Works Departments, and City engineering consultants. The task force convened 4 times in 5 weeks and discussed numerous potential solutions, which are summarized in Appendix C. Their final recommendations are shown in Exhibits 2-10. Finally, an Open House was held to introduce the residents of Eagan and members of the Town Centre business community to the Task Force's recommendations. Approximately 12 people attended the Open House. Their comments are included in Exhibit 11. The Task Force's recommendations were also displayed on the City's website. Technical difficulties prevented the opportunity to collect additional responses to the recommendations via e-mail. 1.2 Pavement Histories The Public Works Department has maintained the streets discussed in this report in accordance with the City's current Pavement Management Program. The following table identifies the construction and maintenance histories of the roadways: Feasibility Report A-EAGAN0204.00 City of Eagan, Minnesota 163 Page 2 Road From To Constructed Seal Coat Denmark Avenue Crestridge Lane Duckwood Drive 1975 1987, 1998 Denmark Avenue Duckwood Drive Yankee Doodle Road 1985 1990, 1998 Duckwood Drive Denmark Avenue Pilot Knob Road 1985 1990, 1998 Krestwood Lane Crestridge Lane Duckwood Drive 1980 1986, 1998 Town Centre Drive Duckwood Drive Denmark Avenue 1986 1990, 1998 Extensive spot milling and patching, crack sealing and joint repairs have also been completed throughout the history of the roadways. 2.0 Scope This project proposes the following improvements as suggested by the Task Force: ¦ Resurfacing (edge mill and overlay) of 0.49 miles on Town Centre Drive from Duckwood Drive to Denmark Avenue; resurfacing (edge mill and overlay) of 0.13 miles on Krestwood Lane from Crestridge Lane to Duckwood Drive; resurfacing (combination of edge mill and overlay and full-width mill and overlay) of 0.41 miles on Duckwood Drive from Pilot Knob Road to Denmark Avenue; resurfacing (combination of edge mill and overlay and full-width mill and overlay) of 0.47 miles of Denmark Avenue from Town Centre Drive to Crestridge Lane. ¦ Widening of the eastbound approach of the Town Centre Drive/Denmark Avenue intersection to allow for the installation of dual eastbound left turn lanes to northbound Denmark Avenue. ¦ Installation of concrete sidewalk along Town Centre Drive from Duckwood Drive to Denmark Avenue (east and south side). r ¦ Installation of concrete sidewalk along Town Centre Drive (west and north side) connecting business/restaurant areas. j ¦ Replacement of damaged/settled sidewalk along Duckwood Drive and Denmark Avenue. ¦ Replacement of damaged concrete curb and gutter. Town Centre Drive from Duckwood Drive to Denmark Avenue and Duckwood Drive from Town Centre Drive to Denmark Avenue would become a three-lane roadway with the introduction of a dedicated left turn lane and safety lanes. Two driveways on Town Centre Drive and one driveway on Duckwood Drive would be relocated to improve traffic circulation and avoid potential conflicts caused by the dedicated left turn lanes. Feasibility Report A-EAGAN0204.00 City of Eagan, Minnesota /O9 Page 3 ¦ Installation of center islands and pedestrian crosswalks on Town Centre Drive. ¦ Internal revisions to the Wal-Mart and Rainbow Foods parking lots as required for the relocation of driveways. ¦ Construction of dual left-turn lanes on the westbound approach of the Duckwood Drive/Pilot Knob Road intersection and modifications to the eastbound approach to provide an exclusive left-turn lane and through/right- turn lane. ¦ Installation of a concrete median on Duckwood Drive from Pilot Knob Road to Town Center Drive. ¦ Installation of a new traffic signal at the Town Centre Drive/Duckwood Drive intersection and revisions to the existing traffic signal systems at the Duckwood Drive/Pilot Knob Road and Town Centre Drive/Denmark Avenue intersections. ¦ Modifications to the boulevard landscaping in front of Duckwood Square to improve sight distance along Duckwood Drive similar to that which Anchor Bank has recently completed. ¦ Installation of signing and pavement message markings at the Duckwood Drive/Denmark Avenue intersection to designate traffic movements. ¦ The installation of a dedicated left turn lane for northbound vehicles at the Denmark Avenue/Town Centre Drive intersection is presented as an "Alternate" improvement for the Council's consideration and direction. 3.0 Feasibility and Recommendations This project is necessary to increase the safety of the traveling public by providing signalized intersections, concrete sidewalks for pedestrians, on-street safety lanes for bicyclists, a safer driving surface, and improved definition and efficiency for turning movements. This project will also prevent further decay of the pavement section, increase rideability and add structural strength. This project is cost effective in that the proposed improvement (overlay) is considerably less expensive than complete reconstruction of these streets. Additionally, the improvements selected to address safety issues (traffic signals and lane designations) are generally within existing rights of way and street sections and do not require substantial new construction. This project is feasible from an engineering standpoint in that these streets currently need maintenance to extend their pavement life and this type of improvement has been used successfully to extend the life expectancy of streets. This project also addresses several known traffic operational deficiencies and remedies them via a variety of approaches. This project is in accordance with the Five Year Capital Improvement Plan (2003 - 2007) for the Cit\ of Eagan and the schedule as outlined in the Pavement Feasibility Report A-EAGAN0204.00 City of Eagan. Minnesota 16G- Page 4 Management Program. It is recommended that the project he constructed as proposed in this report and completed as one contract. 4.0 Street Evaluation The City of Eagan 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, which define PCI rankings, are as follows: PCI Recommended Improvements 56-100 Routine Maintenance / Crack Seal / Seal Coat 36-55 Patch / Repair and/or Overlay 0-35 Reconstruct The 2002 PCI overall ranking for the streets discussed in this report has a weighted average pavement condition rating of 54 and falls in the upper limit of the "Patch/Repair and/or Overlay" category. 5.0 Proposed Improvements 5.1 Roadway A six-foot width of existing bituminous surface will be milled adjacent to the existing curb and gutter to accommodate a 2-inch bituminous overlay to the existing street section. Portions of Denmark Avenue and Duckwood Drive, near their intersection, are experiencing severe rutting. Preliminary review of soil borings obtained in the rutted areas did not indicate subgrade failure. Therefore, the existing pavement surface will be milled from curb to curb to remove the rutted surface in this area. A 11/2-inch bituminous leveling course and a 2-inch overlay will be installed to increase the structural capacity of the roadway. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement due to the temperature extremes experienced in Minnesota. Therefore, routine maintenance will still need to continue under the City's Pavement Management Program. The installation of dedicated left turn lanes along Town Centre Drive and Duckwood Drive will improve the traffic flow through these roadways. Vehicles waiting to make left turn movements will be removed from the through lanes, which will reduce delays and rear-end type collisions. Safety lanes will be created on the sides of Town Centre Drive from Duckwood Drive to Denmark Avenue and Duckwood Drive from Town Centre Drive to Denmark Avenue providing a valuable asset to this project (see Exhibits 9 and 10). They will serve NO a transportation and recreation function and have proven Feasibility Report A-EAGAN0204.00 1 City of Eagan Minnesota / Page 5 a significant generator of bicycle use. Bicyclist safety will be greatly increased by the creation of the proposed safety lanes. 5.2 Traffic Signals Preliminary analysis of the traffic conditions at the Town Centre Drive and Duckwood Drive intersection indicate that signal warrants are met. The implementation of a traffic signal at an intersection that meets warrants presents many advantages. Traffic signals can provide for the orderly movement of traffic, while increasing the traffic-handling capacity of an intersection. Certain types of more serious accidents can be reduced, including failure to yield collisions, although the frequency of minor accidents may increase. Pedestrian crossing phases can be implemented in coordination with the signal to provide greater pedestrian safety at street crossing locations. The existing signal at Duckwood Drive and Pilot Knob Road will be revised to serve the proposed lane configurations. This signal would be interconnected with the proposed signal at Town Centre Drive and Duckwood Drive to provide maximum traffic coordination and traffic-flow efficiency. The existing signal at Town Centre Drive and Denmark Avenue would likewise be revised to serve the proposed lane configurations (see Exhibit 3). Additionally, a right-turn arrow will be added to the southbound face of this signal to provide increased traffic-flow efficiency for vehicles entering the Town Centre Area from Yankee Doodle Road. This signal is currently interconnected to the signal at Denmark Avenue and Yankee Doodle Road. 5.3 Curb and Gutter Damaged curb and Gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 8 percent (0.25 miles) of the existing concrete curb and Gutter will have to be replaced. 5.4 Sidewalk J J A 6-foot wide concrete sidewalk will be installed at the back of the curb on the east/south side of Town Centre Drive from Duckwood Drive to Denmark Avenue. Similarly, a 6-foot wide concrete sidewalk will also be installed in certain locations on the west/north side of Town Centre Drive to provide pedestrian connections to the businesses on that side of Town Centre Drive. The Task Force discussed the installation of the sidewalk exclusively on the west and north side of Town Centre Drive, but discarded the option due to numerous driveway crossings. The installation of the sidewalk will require the installation of modular block retaining walls in some locations due to significant changes of elevation. The location of the sidewalk at the back of curb is not the City standard practice. but is being proposed to reduce the impact to existing topography. trees and private utilities and reduce the need for easement acquisition. The sidewalks on opposite sides of Town Centre Drive would he connected via crosswalks. The crosswalks would be installed in the same locations as concrete medians providing pedestrians with a refuge while crossing traffic lanes. The Feasibility Report A-EAGAND204 00 City of Eagan, Minnesota / /?7 Page 6 Task Force recommended that the Council approve the installation of two crosswalks that do not conform to the City of Eagan Crosswalk Policy since they are proposed on a local street and at uncontrolled locations. However, the Task Force felt the crosswalks were integral to the safe movement of pedestrians in the project area. 5.5 Driveway Replacement The existing bituminous driveway entrances to commercial properties throughout the project area are proposed to be replaced. The entrances would be reconstructed with 7-inch thick concrete entrance aprons in accordance with Eagan Standard Detail 440, as shown in Exhibit 12. This driveway entrance replacement provides entrances of adequate strength and width for turning delivery truck movements and is consistent with similar past projects in commercial/industrial areas throughout the City. 5.6 Utility Improvements The utility infrastructure (sanitary sewer, storm sewer and water main) has been inspected in the project area. It has been determined that the systems are in good working order and that major repairs are not required at this time. Proposed improvements to the utility systems include replacement of existing manhole castings not meeting the City's current standards, forming of structure inverts as needed, grouting of adjusting rings, and replacement of damaged sections of gate valve boxes. 6.0 Easements/Permits The additional right-of-way/easement required to construct the improvements at the Duckwood Drive and Pilot Knob Road intersection and the Town Centre Drive and Denmark Avenue intersection as proposed will need to be acquired from the following property owners. Parcel No. PID No. Proposed Permanent Right of Way (sq. ft.) 14 10-22415-010-01 360 16 10-26500-010-01 1,220 44 10-77026-010-01 1,840 49 10-77030-010-01 3,120 Total 6,540 The total area of proposed easement acquisition is approximately 6,540 square feet and estimated costs to purchase this right of way ($39,000) have been included in the project cost estimate. The proposed relocation of the existing jointly owned drive between Kohls and Wal-Mart will require a private parcel-to-parcel easement for access. Feasibility Report A-EAGAN0204.00 City of Eagan, Minnesota /OO Page 7 The need for temporary construction easements during the driveway, sidewalk and parking lot construction is also anticipated. These easements have been identified (see Exhibit 13) and will be obtained during the final design stage. It is anticipated that permits will be required from the Dakota County Highway Department and the Minnesota Department of Transportation for this project. The construction plans will require State Aid approval. 7.0 Cost Estimate Detailed cost estimates are located in Appendix D. The estimates are based on anticipated 2003 construction costs and include a 10 percent contingency and indirect costs of 30 percent, which include legal, administration, engineering, and bond interest. A summary of the costs follows: ¦ Street Construction ............................................................................ $1,076,520 ¦ Sidewalk Construction (Denmark/Duckwood) ........................................ 72,130 ¦ Sidewalk Construction (Town Centre Drive) ......................................... 225,225 ¦ Existing Concrete Curb & Gutter Repairs .................................. .......... 83,945 ¦ Driveway Entrance Replacement ............................................................. 66,200 ¦ Internal Parking Lot Revisions ........................................................ 162,970 ........................................................................................ 463,900 Traffic Signals ¦ Utility Improvements ........................................19,840 ............................................ 116.3 5 ¦ Right-of-Way/Easement Acquisition - ii Subtotal .................................................................... $2,287,115 ¦ Alternate 1 - Turn Lane Construction .............................................. 19.300 Total Plus Alternate 1 ............................................. $2,306,415 Feasibility Report A-EAGAN0204.00 City of Eagan. Minnesota Icy Page 8 8.0 Assessments Assessments are proposed to be levied against the benefited properties in accordance with the City of Eagan's assessment policy. The following ratios indicate cost responsibilities. A preliminary assessment roll is included in Appendix B. High Med. Comm. Density Density City Prop. Res. (R- Res. (R- 4) 3) Street Construction 0%/25%/50% 100% 75% 50% Sidewalk Construction (Denmark/Duckwood) 100% 0% 0% 0% Sidewalk Construction (Town Centre Drive) 0% 100% 0% 0% Existing Concrete Curb & Gutter Repairs 100% 0% 0% 0% Driveway Entrance Replacement 0% 100% 100% 0% Internal Parking Lot Revisions 0% 100% 0% 0% Traffic Signals 100% 0% 0% 0% Utility Improvements 100% 0% 0% 0% Right-of-Way/Easement 0%/25%/50% 100% 75% 50% Acquisition Alternate 1 - Turn Lane Construction 0%/25%/50% 100% 75% 50% 8.1 Commercial Property / High Density Residential (R-4) I Medium Density Residential (R-3) All property abutting the project may be assessed on an area or a front-footage basis, in accordance with the City's Assessment Policy. It is suggested that the City Council consider assessing the property types on the following basis: Commercial- area, High Density Residential- frontage, Medium Density Residential- frontage. 8.2 Assessment Rate Calculations 8.2.1 Street Assessments The total front footage for the project is 13,903 linear feet. The estimated cost for street construction is $1,076,520 and easement acquisition is $116,385. The cost per front foot is calculated as ($1,076,520 + $116,385) _ 13,903 feet = $85.80 per front foot. The 2003 Fee Schedule for street improvements along Feasibility Report A-EAGAN0204.00 City of Eagan, Minnesota / /Q Page 9 commercial/industrial parcels is $88.05 per front foot, so the assessments will be as calculated. 8.2.2 Sidewalk Assessments Properties adjacent to the proposed sidewalk on Town Centre Drive will be assessed the total cost of the sidewalk improvements based on a front footage basis. The total sidewalk front footage is 2,567 linear feet. The estimated cost for sidewalk construction is $225,225. The cost per front foot is calculated as $225,225 _ 2,567 = $87.74 per front foot. The 2003 Fee Schedule for street improvements along commercial/industrial parcels is $29.20 per front foot for sidewalk improvements, so the assessments will be limited to the fee schedule rate. 8.2.3 Driveway Assessments Adjacent commercial properties with driveways not meeting current City standards are proposed to be assessed the total cost of driveway entrance replacement improvements based on area of driveway installed. The total driveway assessment per lot is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances in accordance with City standards. The average cost of driveway replacement is approximately $6,050. 8.2.4 Parking Lot Assessments Property owners with front footage along Town Centre Drive and Duck-wood Drive are proposed to be assessed the total cost of internal parking lot revisions to the Rainbow and Kohls/Wal-Mart parking lots. The internal modifications are necessary due to the proposed relocation of driveways serving these parking lots. The driveways need to be relocated to avoid potential conflicts caused by the proposed shared center turn lanes. The total front footage of the properties along Town Centre Drive and Duckwood Drive is 9,756 linear feet. The estimated cost for internal parking lot revisions is $162,970. The cost per front foot is calculated as $162,970 _ 9,756 = $16.70 per front foot. 9.0 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over 15 years with the interest rate determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on a 6.0 percent interest rate: ¦ Commercial Parcel = $2,000 (Example) Principal Per Year Interest Per Year Cost Per Year Cost Per Month First Year $133 $120 $253 $21 Feasibility Report A-EAGAN0204.00 City of Eagan, Minnesota ??? Page 10 Fifteenth Year $133 $8 $141 $12 ¦ Commercial Parcel = $5, 000 (Example) Principal Per Year Interest Per Year Cost Per Year Cost Per Month First Year $333 $300 $633 $53 Fifteenth Year $333 $20 $353 $29 ¦ Commercial Parcel = $15, 000 (Example) Principal Per Year Interest Per Year Cost Per Year Cost Per Month First Year $1,000 $900 $1,900 $158 Fifteenth Year $1,000 $60 $1,060 $88 10.0 Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Street Construction $1,076,520 $834,900 ($241,620) Sidewalk Construction (Denmark/Duckwood) $72,130 $0 ($72,130) Sidewalk Construction (Town Centre Drive) $225,225 $61,910 ($163,315) Existing Concrete Curb & Gutter Repairs $83,945 $0 ($83,945) Driveway Entrance Replacement $66,200 $66,200 ($0) Internal Parking Lot Revisions $162,970 $162,970 ($0) Traffic Signals $463,900 $0 ($463,900) Utility Improvements $19,840 $0 ($19,840) Alt. 1- Turn Lane Construction $19,300 $19,300 ($0) Right of Way Acquisition $116,385 $90,265 ($26,120) Total $2,306,415 $1,235,545* ($1,070,870) * Assessments are subject to being limited by benefit appraisals of individual properties. Benefit appraisals are typically acquired prior to the Final Assessment Hearing and have not been completed yet for this project. The estimated project deficit of $1,070,870 will be financed by the City's Major Street and Utility Funds (46 percent of total project cost). Feasibility Report A-EAGAN0204.00 City of Eagan, Minnesota Page 11 11.0 Project Schedule ¦ Present Feasibility Report to City Council/ Order Public Hearing ...........................................................November 7, 2002 ¦ Public Hearing ...................................................................... December 2, 2002 ¦ Approve Plans and Specifications .......................................... February 4, 2003 ¦ State Aid Plan Approval ....................................................... February 15, 2003 ¦ Award Contract .......................................................................... March 4, 2003 ¦ Begin Construction ...................................................................... May 15, 2003 End Construction ................................................................September 15, 2003 ¦ Final Cost Report ...................................................................October 15, 2003 ¦ Final Assessment Hearing ....................................................... November, 2003 ¦ First Payment Due w/Property Tax Statement ................................. May, 2004 Feasibility Reporl A-EAGAN0204.00 City of Eagan, Minnesota f/2 Page 12 1 List of Exhibits Exhibit 1 - Project Location Map Exhibit 2 - Key Map Exhibit 3 - Area 1 Improvements Exhibit 4 - Area 2 Improvements Exhibit 5 - Area 3- Option A Improvements Exhibit 6 - Area 3- Option B Improvements Exhibit 7 - Area 4 Improvements Exhibit 8 - Area 5 Improvements Exhibit 9 - Town Centre Drive Typical Section Exhibit 10 - Duckwood Drive Typical Section Exhibit 11 - Open House Comments Exhibit 12 - City of Eagan Standard Plate 440 Exhibit 13 - Easement Map I J ii Mendota Heights NIP ° o dj Pro'ect Location \ 21 .N I M Apple Valley Rosemount Source: City of Eagan, Dakota County(912002 Parcels) Mn/DOT Basemap 2001 o 4 soo a `M Date of Plot: 10/22/02 locationmap.mxd dc ek??tF sagat9 AM Traffic Study and Feasibility lity Report PROJECT LOCATION MAP EXHIBIT # 1 EAGAN,MN l's- 0 O 0 8 0 0 I Auto Mall I Co O cle O 7/ 4f 40? ?Q o ID Yankee Doodle Road Taco II II I?I e \ Q I Bel L *01 -00 pizza Hut e? Areaa11 ben Area 2 Rair"w Treasure 0 ? D? o 0 0 0 Sddotzkeys Shops Office Old Petco Video Chia Update r Kohls Q Transmissi El on ?' Forest Ridgge ? Q I Apartments ? Q ? 0 ' Wal-Mart ? Area 4 0 I ?! self Q Storage Il fi ° y'?To o Q--I Ve Pet Hospital ll Tires Plus t-M' Jl J Anchor C°°ayer 8 \ m ??I Sank von Hanserrs Hardware /Ar 5 Crestridge 0 r7 Existing Roadway New Roadway Existing Sidewalk New Sidewalk Town Centre Area Exhibit 2 , AWeOft I Traffic Management Improvements Key Map Noah Nos.,.b r100' Revised Lane As nmerits 'Carrielia's 'TO`" I'I Yankee Doodle Road ??l F r:e Treasure Island i's Alternative 1- Install Left Turn Lane o lops r, Existing Roadway Existing Sidewalk New Roadway New Sidewalk Town Centre Area Exhibit 3 ?nnh hov.mlwr 20fl," ?, •.-.,- I Traffic Management Improvements Area 1 I T 1/7 Pedestrian sing Applebees I/ 7Rainblow Relocate Existing) L Entrance/Exit ' n ' o 0 0 Schlotzkey's W 'nkos ? Car Wash M Taco d o o Office Depot s ?'e'c z C Old o Petco Update Car ash I W Kohis ? uto Relo ate Existing Q Transmission Entrance/Exit t Y' ? Q 1 i 1?--Median ? Q k .-j----Pedestrian ? Q ' j y Crossing ? Wal-Mart ra f xfi 'e? 3a F DUC wood- rr ;r k Self Storage Existing Roadway New Roadway Existing Sidewalk New Sidewalk I I Town Centre Area I Exhibit 4 I i Traffic Management Improvements Area 2 T LSEH 1 Pr II - ?J p Existin ?odewalkll ? I an t, di IIITires Plus Modify Existing --? III Median Area 3 0 ca Crossing Ors '440 40, Ie Caribou Sidewalk C Existing Roadway Existing Sidewalk New Roadway New Sidewalk Abli. Town Centre Area Exhibit 5 T ASEH Traffic Management Improvements Area 3 - Option A Nu„h Nnvrmher:00' 0 rVIO 0 0 CL Add New Traffic Shoff llp i 'ape r Existin o Sidewalk Pedestrian Crossing o IL 2 ca k L er, II I ? Tires Plug Modify Existing Me ian 3 Shops Area 0 Existing Roadway New Roadway Existing Sidewalk New Sidewalk I I Town Centre Area Exhibit 6 IT,. Lam. ¦ ....? Traffic Management Improvements Area 3 - Option B Nonb Novemb.r700' 430 -Y I te Oc I Hew Tra f n' ?e? Caribou Sidewalk 0 0 ? Kohls fiQ ? 0 a ? 0 a ? ? Construct New 0 ? Entrance/ O Wal-Mart t 0 Area 4 ? 0 S d [ i ewa Duckwood D Shops Anchor Shops Goodyear DD Bank oD DDDDD Crestr e, r/ Car Wash i nT __uto Self Storage Pet Von Hansens Hardware Existing Roadway Existing Sidewalk New Roadway New Sidewalk Town Centre Area Exhibit 7 T Traffic Management Improvements Area 4 ?,. la/ Si U Pet Hospital C ?QI Drive Def ne Lai Usage wits New Pavement Markings 01 r I i E C Q) 0 )A I r crjr'7.? 1 ?_-T) Existing Roadway New Roadway Existing Sidewalk New Sidewalk F I Town Centre Area Exhibit 8 /? mh.rioo: Traffic Management Improvements Area 5 I heI„h hovASEH /01j? O P4 nj .a; d V L o . N ? Cn CU Q O-j 8 ? mmmv- 8 z O ?.o L x Cr W v D V E d a.) U V ..r HH t 1 J O Lr) C) O N •?? a••? E cn H? J CC!) N •?? l-1 Q GJ Lf) 41 Cn s3a3 E E m m p 8 v W .- O .E yW Q.i O 3 C E it d V w 4t /a? TOWN CENTRE AREA TRAFFIC MANAGEMENT IMPROVEMENTS Comments received from the Monday, September 30, 2002 Open House at the Fire Administration Building KEY MAP • Narrow south leg of intersection Denmark/Duckwood (center island?) • Consider/Address traffic concerns/issues on Duckwood east of Denmark AREA 1 • Ped crosswalks on east & south leg AREA 2 • Pedestrian stop lights at proposed pedestrian crossings AREA 3 • Add right turn lane onto Krestwood { • Mark pedestrian cross walks that cross sidewalks & streets • Need 2 eastbound through lanes? (comment received twice) AREA 4 • Ped crosswalks across Duckwood • Overall great plan! Sidewalk in front of Anchor Bank & Goodyear? AREA 5 • Install landscape median on Denmark south of Duckwood. "Entering Residential Area" • Signalize? Exhibit 11 S i i i i EGRESS LANE ROADWAY WIDTH(F-F) DWY WIDTH LIGHT TRUCK RADIUS DWY WIDTH SEMI TRUCK RADIUS 12 36' 28' 20' 34' 25'- 12' 44' 28' 20' 32' 25' 12' 44' 30' 30' 12' 48' 30' 30' 34' 35' 12' 52' 28' 25' 34' 30' 26' 30' 32' 35' 2' 36' 8' 20' 44' 5' 22' 44' 38' 20' 42' 25' 40' 30' 22' 48' 40' 30' 44 35' 2' 52' 38' 25' 44' 30': 36' 30' 42' 35' NOTE. SEE ABOVE CHART FOR REQUIRED RADIUS & ENTRANCE WIDTHS. RAD.-B61 Curb ?I 7" MINIMUM THICKNESS REQUIRED ON ENTIRE APRON. SECTION A-A No Scale MAXIMUM 8' BETWEEN JOINTS a• 12'-6" n • Max. d • • . `a CONTRACTION JOINT A' EXPANSION JOINT 1. WHERE NEW DRIVEWAYS ARE TO BE ADDED 3. CONTRACTION JOINT PATTERN TO BE ACROSS EXISTING C&G, REMOVE EXISTING DETERMINED BY ENGINEER. C&G AND REPOUR INTEGRAL WITH THE CONCRETE ENTRANCE. 4. REQUIRED MIX DESIGNATION = 3A32 2. CONCRETE APRON TO BE REQUIRED FOR ALL ENTRANCES. PLAN G:OETAIL PLATES/E440 NO SCALE REVISED STANDARD PUBLIC WORKS COMMERCIAL & INDUSTRIAL PLATE DEPARTMENT CONCRETE ENTRANCES 2/99 440 City of Eagan rvuiDrT 10 Town Centre Area 1 Temporary Easements I Parcel ID Temp Easement (sft) Rate ($/sft) Temp. Easement Cost 13 13,420 $0.60 $8,052 14 4,665 $0.60 $2,799 16 4,310 $0.60 $2,586 18 750 $0.60 $450 36 275 $0.60 $165 43 775 $0.60 $465 44 19,625 $0.60 $11,775 45 1,280 $0.60 $768 47 720 $0.60 $432 49 4,925 $0.60 $2,955 50 400 $0.60 $240 52 3,900 $0.60 $2,340 53 65,520 $0.60 $39,312 55 5,840 $0.60 $3,504 58 950 $0.60 $570 59 1,120 $0.60 $672 60 500 $0.60 $300 Totals $77,385 /d7 Exhibit 13 Appendix A Accident Analysis /48, 1 1. Town Centre Traffic Study C/o Russ A. Matthys Wednesday, August 07, 2002 Ryan Martinson IRo J 8S f fa7 TABLE OF CONTENTS Town Centre Traffic Study Table of Contents Page Introduction 3 LIST OF APPENDICES Appendix A Chart 1- Total Accidents a. Denmark Intersection b. Duckwood Intersection c. Town Centre Intersection Chart 2- Town Centre Accidents Graph 1- Types of Accidents Appendix B Figures - I Accident Location Map - 2 Total Accident Area Map 130 August 13, 2002 TOWN CENTRE ACCIDENT ANALYSIS Eagan, Minnesota The Town Centre Accident Analysis was conducted to determine if accidents due to traffic congestion exist in the Town Centre business area. The study exemplifies the traffic problems by focusing on the location of traffic congestion, the volume of accidents, and type of. The purpose of this analysis is to determine if there is a need for traffic calming in the Town Centre Area. The following information describes accidents involving Town Centre Drive, Denmark Avenue and Duckwood Avenue in the area of the Town Centre Additions. Information in this report includes types of accidents, such as rear-ending, failure to yield, traffic violations, and accidents that occurred entering or exiting commercial and private driveways onto or from a main arterial. The accidents were classified and arranged into separate categories. The accident categories are as follows (See appendix A): • Rear ends- Accidents that occur when one vehicle hits or runs into the vehicle in front of them, hitting vehicle one in the rear. The cause can be associated with inattentive driving, traffic congestion, no turn lanes, etc. • Traffic congestion-any accident caused by a back up, or congestion causing driver's sight, or judgement to be blocked from view by other vehicles. • Failure to yield-any accident caused by failing to yield on a left turn (ex. entering or exiting a business), failing to yield meaning "pulling in front" of oncoming traffic. Accidents under this category may be caused by impatience, sight obstruction (maybe due to heavy traffic), or driver error. • Driver error- any accident caused by inattentive driving-cell phone, radio, CD, etc. Also inappropriate lane change (sideswiped). • Disobeying signage- any accident caused by a person "running" a red light, or "running" a stop sign. A total of 491 accidents were in the area of these three streets in the last five years. It is the policy of the Eagan Police Department that only accidents with personal property damage greater that $1000 and/or injury be filed. Public Safety officials indicate that approximately 50% of accidents that occur are reported and filed. A total of 257 accident reports were filed involving property damage and/or injury. Of these, Town Centre had 224 accidents caused by rear-ending, failure to yield, blind intersections, and ignorance of traffic signs and signals. 131 • Statistics indicate an increase in accidents in the Town Centre general area of 167% over the last five years (1996-2001) Specifically, Town Centre Drive had an increase in accidents of 261%, Denmark Avenue had an increase of 250%, and Duckwood Avenue's accident tripled • Accidents on Town Centre Drive showed to be the highest in number, compared to Denmark and Duckwood avenues. This is due to the high number of business intersections on Town Centre Drive. The greatest concentrations of accidents were occurring at the intersections of Duckwood/Town Centre, and Denmark/Town Centre along with a high density around business driveways on Town Centre Drive. Where as Denmark and Duckwood had a lower density of accidents related to entering or exiting a business driveway (See map 1). • On Town Centre, "failing to yield", showed to be the most occurring type of accident at 57%(this number includes sideswipes, and T-bone damage-type accidents). Rear ends were the second most at 19%, and accidents due to traffic congestion was third at 9%. • 3 accident cases where road rage was the cause. I3c? Appendix A The following graph shows the total number of accidents that occurred between 1996 and 2001. The first set of numbers show the entire sum of accidents, reported and non-reported. The second set is total reported accidents. Graph 1 Total Number Accidents Area Denmark Duckwood Town Centre Total 1996 1997 1998 1999 2000 2001 Total 2 9 2 5 13 5 36 0 6 5 11 3 3 28 33 64 85 90 69 86 427 45 107 117 136 117 120 491 The above data illustrates all accidents occurring in the three areas, including accidents relating to parking lots and weather. Area Denmark Duckwood TownCentre Total Total Number of Accidents Reported 1996 1997 1998 1999 2000 2001 Total 1 0 1 0 2 0 4 1 3 5 9 6 5 29 15 34 56 45 40 34 224 17 37 62 54 48 39 257 The following chart shows the number of accidents (reported) by type and year. Town Centre 1996 1997 1998 12999 2000 2001 Total Rear end 5 4 10 0 4 2 25 Traffic Congestion 1 3 6 2 8 1 21 F to Yield 3 5 22 15 10 10 65 Sideswiped 1 5 0 3 6 0 15 T-boned 0 0 0 5 3 1 9 Sign Conf 1 0 1 0 0 3 5 Red Light/Stop Sign 0 0 0 1 0 1 2 N/A-Parking lot, Weather 4 17 17 19 9 16 82 TOTAL 15 34 56 45 40 34 224 )33 CA S TACO ELL fl WASF rI 1 ? 1 1 0 v13 4 EDINA EALtt IGNAL BANK ct 0 oc Acdder>? w n 73 SHOPS ° PET STORE EAS' A SHOPS L ILI s W r -- w aY O 46 14 PIZ A HUT 6 ? `?RAINBOW PPLEBEE? LrOT KEY1? WALGRE N NS INKOS I? o II t6? oo OFFICE !I OLD o DEPOT \ " HICAGO a > rARSh KOHLS III?U UUp 11 LTRANSMISSIOI Accidents I - - L WAL-MART N 6 S R , ccidents w o A FICA - L I, ` Q r? ? _ ? ? T1 TIRES CARIB PLUS rrA TUP \? ? SHOPS CHOR _ NK HAF Accidents LOCATIONS OF ACCIDENTS (1996 - 2001) 13q- HOSPITA E 7 Type o' -ow^ Cuter Acc*ce^ts 7 a ?II ! ?rS I ?' II II ?I Zl C1 ?; ncc Wi i ]S? (? I 1 PIZZA NLIT? 1 I\ 1 Z /? RMNBOw .?n WAS4 71 G s? ?- J n wMGREENS OFF CE C CADO °CTCO MDEO J ? CArt wwsy I ?- Q AW rnw,sulssroN -I - F.1- 20 rd I I 1, ? IE?1M IK f l T?7? r Jl E.dun ,. r i SN0.5 EASJ.E ,-- s4Das I L I KEY • - dear End - Park ng Lct •- Wecther - Failure to Y?e,d •- °edistt-ian Accide'"t •- Heavy Trc=fic ui < z D SEl° SOR?GE I MMEWICA OUCKw • C O C ti l CST \\\ I •. 0 0 o U U r TORES C SNOVS OSP'TAL - II FJ'URE ? ?+ ?--?w 71 DUCKWOOD E illi i1M•DIPM LN. DRIVE 135" Appendix B On-Line Survey and Sample Responses } f3? AN,, MINNESOTA 3830 Pilot Knob Rd. 6511681-4600 i City of Eagan Ag - ovirm 14001 Town Centre Area Traffic Survey The City of Eagan is seeking input addressing traffic patterns and issues within the shopping area. The proposed resurfacing of the streets within this area in 2003 ha opportunity for the City to incorporate transportation improvements in addition to t resurfacing measures. Potential transportation improvements could include design motorized vehicles, bicycles, and pedestrians. In order to assist the City in understanding the concerns and issues of the business travelers within the Town Centre area, your input is desired regarding your experie within the area indicated on the map below. Please provide the following information. Name: Address: Telephone: J Email: 1. Please indicate the transportation method that your concern(s) involve(s): I (Check one or more) F Motorized Vehicle F Bicycle F Walking 2. Indicate your opinion of the Town Centre traffic system based on the followii r Current traffic system works well for my needs r Current traffic system needs minor modifications to address my F Current traffic system needs major modifications to address my r 3. Do you have difficulty entering or leaving any specific businesses within the area? r Yes F No yes, which business(es)? /37 4. Do you avoid any areas/businesses within the Town Centre area due to your r Yes r No If yes, which areas/business(es)? 5. Please describe your traffic observations and specifically indicate any areas concerns on the attached map (requires Adobe Acrobat to open): If the findings of this survey are significant, a Task Force will be established to part evaluation of possible solutions. Members will consist of the following: 4 Business/Property Reps, 1 Chamber of Commerce Rep, 5 General Public R Would you like to be considered as a Task Force member? r Yes r No Representing (Check one) r Business/Property r Chamber r Public Thank you for taking the time to complete this survey. Be sure to watch th City WEB (www.cityofeagan.com) for more TOWN CENTRE traffic study ups Submit ( Reset City of Eagan ® 2002 1381 TOWN CENTRE SURVEY RESULTS Mode of Transportation Motor Bike Walk Vehicle Modifications Minor Major Difficulty Entering/Leaving? Yes No Avoid Businesses? Yes No 782 112 146 381 360 488 77 483 311 G Taw CENTRE 0f301 Q5I I-5-(.wue 131 Judv Jenkins From: eaganweb@ci.eagan.mn.us Sent: Monday, July 29, 2002 4:30 AM To: jjenkins@cityofeagan.com Subject: Data posted to form 1 of http://www.cityofeagan.com/publicworks/towncentresurvey.htm ********************** Name: Phone: Address: Email: MotorVehicle: Bicycle: Walking: MeetNeeds: MinorModifications: MajorModifications: YesDifficultyEnterLeave NoDifficultyEnterLeave: YesAvoidBusinesses: NoAvoidBusinesses: YesBusinesses: entrance. YesTaskForceMember: NoTaskForceMember: BusPropRep: ChamberRep: PublicRep: B1: *********************************** ON ON ON ON ON Restaurants are avoided. Will go to Kohl's WalMart only at SE Submit TrafficObservationsConcerns: Town Centre area as a whole is too congested for pedestrian/bicycling traffic. Areas of concern are left turn by SA in SW corner. Also exiting from Kinko's to go south is difficult. Duckwood / Town Center Drive intersection. I avoid all other businesses because of the congestion and higher probability of being in accident in this area vs. other shopping opportunities. (Apple Valley etc.) Also I take Lone Oak and sneak in to Home Depot from the north bypassing Yankee Doodle region completely when shopping there I drive northbound on 35E. 29 Judv Jenkins From: eaganweb@ci.eagan.mn.us Sent: Sunday, July 28, 2002 10:28 PM To: jjenkins@cityofeagan.com Subject: Data posted to form 1 of http://www.ci.eagan.mn.us/publicworks/towncentresurvey.htm Name: Phone: Address: Email: MotorVehicle: ON Bicycle: walking: MeetNeeds: MinorModifications: ON MajorModifications: YesDifficultyEnterLeave: NoDifficultyEnterLeave: ON 111 YesAvoidBusinesses: NoAvoidBusinesses: ON YesBusinesses: YesTaskForceMember: NoTaskForceMember: ON BusPropRep: ChamberRep: PublicRep: B1: Submit TrafficObservationsConcerns: The only problem I have with this area is the number of trucks and campers that park in the parking lots. Wal Mart parking lot has become a truck stop or RV park. 30 1, q) Judy Jenkins ...*.*........*.. Name: I Phone: : Address Email: I MotorVehicle: Bicycle: Walking: MeetNeeds: I MinorModifications: MajorModifications: YesDifficultyEnterLeave NoDifficultyEnterLeave: I YesAvoidBusinesses: NoAvoidBusinesses: YesBusinesses: I YesTaskForceMember: NoTaskForceMember: BusPropRep: ChamberRep: *ublicRep: 1: rom: eaganweb@ci.eagan.mn.us ganweb@ci.eagan.mn.us Su To: jjenday, July 28, 2002 7:39 PM n Subj kins@cityofeagan.com ect: Data posted to form I of http://cityofeagan.com/publicworks/towncentresurvey.htm L 1 I ON ON ON ON I avoid all of the businesses on Town Centre Drive. Submit TrafficObservationsConcerns: The intersection of Town Centre Drive and Duckwood Drive, particularily turning left onto Duckwood Drive. The intersection of Town Centre Drive and Denmark Avenue, particularily turning left onto Denmark Avenue. The intersection of Yankee Doodle Road and Denmark Avenue, Particularily turning right onto Denmark Avenue. There appears to be far too much traffic on Town Center Drive for the way it is designed. 1 1? 33 T U) j Judy Jenkins From: eaganweb@ci.eagan.mn.us Sent: Monday, July 29, 2002 1:23 PM To: jjenkins@cityofeagan.com Subject: Data posted to form 1 of httpJ/www.cityofeagan.com/publicworks/towncentresurvey.htm ********************* Name: Phone: Address: Email: MotorVehicle: ON Bicycle: Walking: MeetNeeds: MinorModifications: MajorModifications: ON YesDifficultyEnterLeave: ON NoDifficultyEnterLeave: YesAvoidBusinesses: ON NoAvoidBusinesses: YesBusinesses; Arby's Taco Bell McDonalds Kohls Walmart Big Apple Bagle - Arbys is the worst. Stop lights at Duckwood/Pilot are dangerous YesTaskForceMember: NoTaskForceMember: ON BusPropRep: ChamberRep: PublicRep: B1: Submit TrafficObservationsConcerns: The Arby's parkling lot exit is the worst, can not get out of the parkling lot making a left turn due to traffic being backed up at the stop lights. The stop lights at Duckwood/Pilot Knob are also backed up, the merge on to Pilot Knob frm Duckwood is extremely dangerous and difficult to judge. Extremely tough to get out of the parkling lot from the Big Apple Bagle too. 16 (4 Judv Jenkins From: eaganweb@ci.eagan.mn.us 1 Sent: Monday, July 29, 2002 12:37 PM To: jjenkins@cityofeagan.com Subject: Data posted to form 1 of http://www.cityofeagan.com/publicworks/towncentresurvey.htm ...,............ Name: Phone: Address: Email: MotorVehicle: ON Bicycle: Walking: MeetNeeds: MinorModifications: J MajorModifications: ON YesDifficultyEnterLeave: ON NoDifficultyEnterLeave: YesAvoidBusinesses: ON NoAvoidBusinesses: YesBusinesses: Town Center Fast food facilities, during lunch hours, and after 4 p.m. hours YesTaskForceMember: NoTaskForceMember: ON BusPropRep: ChamberRep: PublicRep: ON B1: Submit TrafficObservationsConcerns: Town Center Drive, getting in and out of fast food facilities, due to traffic back up and minimum of lanes, Denmark Avenue trying to get to Yankee Doodle is hard because the turn lanes to Yankee Doodle on Denmark get so backed up you miss at least 3 left hand turn signals there are so many cars. Trying to get to the same place 21 144 Judv Jenkins From: eaganweb@ci.eagan.mn.us 1 Sent: Monday, July 29, 2002 12:37 PM To: jjenkins@cityofeagan.com Subject: Data posted to form 1 of http://www.cityofeagan.com/publicworks/towncentresurvey.htm Name: Phone: Address: Email: MotorVehicle: ON Bicycle: Walking: MeetNeeds: MinorModifications:. ON MajorModifications: YesDifficultyEnterLeave: ON NoDifficultyEnterLeave: YesAvoidBusinesses: ON NoAvoidBusinesses: YesBusinesses: Al Bakers restaurant and surrounding businesses YesTaskForceMember: NoTaskForceMember: ON BusPropRep: ChamberRep: PublicRep: B1: Submit TrafficObservationsConcerns: Intersection of Washington Drive and Yankee Doodle Road - very congested 22 I Judv Jenkins From: eaganweb@ci.eagan.mn.us Sent: Friday, July 26, 2002 3:51 PM To: jjenkins@cityofeagan.com Subject: Data posted to form 1 of http://www.cityofeagan.com/publicworks/towncentresurvey.htm ?+r,r,r Name: Phone: Address: Email: MotorVehicle: ON 1 Bicycle: Walking: MeetNeeds: ON MinorModifications: 3 MajorModifications: YesDifficultyEnterLeave: NoDifficultyEnterLeave: ON t YesAvoidBusinesses: 11 NoAvoidBusinesses: ON YesBusinesses: YesTaskForceMember: } NoTaskForceMember: ON BusPropRep: ON ChamberRep: PublicRep: B1: Submit TrafficObservationsConcerns: Many drivers exceed the speed limit on Yankee Doodle Rd between Lexington and Pilot Knob Rd. The multi lane access is great WHEN drivers pay attention. I make a special point to drive defensively due to other drivers negligence. Issue more traffic violations to negligent drivers. 1 I4(p Judv Jenkins From: eaganweb@ci.eagan.mn.us Sent: Tuesday, July 30, 2002 11:53 AM To: jjenkins@cityofeagan.com Subject: Data posted to form I of http:/www.ci.eagan.mn.us/publicworks/towncentresurvey.htm Name: Phone: Address: Email: MotorVehicle: ON Bicycle: Walking: MeetNeeds: MinorModifications: ON MajorModifications: YesDifficultyEnterLeave: ON NoDifficultyEnterLeave: YesAvoidBusinesses: ON NoAvoidBusinesses: YesBusinesses: Burger King, Arby's, Rainbow, Wal-mart, SuperAmerica YesTaskForceMember: NoTaskForceMember: ON BusPropRep: ChamberRep: PublicRep: ON B1: Submit TrafficObservationsConcerns: Burger King & Arby's area should have a cement curb placed in the middle of the road to prevent left hand turns when exiting. f Close (or relocate) the entrance to the shopping area containing Big Apple Bagels, etc... that is located across from SuperAmerica. This would alleviate some of the congestion at ' that intersection. 147 Appendix C Meeting Summary 14 Eagan Town Centre Task Force-Meeting 3 Area #1, Town Centre & Denmark YES Dual left from eastbound Town Centre onto northbound Denmark NO Left turn lanes-northbound Denmark onto Town Centre NO Roundabout (concern with traffic back-up) YES Signal retiming between Denmark/Yankee Doodle and Denmark/Town Centre intersections (don't think we can improve, county decision) NO Internal parking options for business on north side (business letters... side items) NO Manage peak-time traffic (business letters ... side items) YES Right turn only - Designate most westerly southbound lane of Denmark at Town Centre (with green arrow light). Add sign (Town Centre Only) on northerly left turn lane of westbound Yankee Doodle to forewarn drivers. Area #2, Town Centre West of Denmark NO Partial one-way (sw).... then two-way between Rainbow and Walgreens NO Service road for businesses on north side (good idea... not enough rooni/space) YES Three-lane option...use medians as traffic calming and pedestrian crossings (this carries into area #3) YES Driveway modifications (needs to be connected with three-lane option above) NO Center median to prevent left turn exits (or turn restrictions, encourage businesses) YES Move Rainbow's north exit/entrance to the west (safety) Area #3, Rest of Town Centre Drive NO Add a "smart light" (traffic signal) on Town Centre Drive between Duckwood & Denmark YES Clear the boulevard, helps visibility YES Three-lane option (connect with area #4) YES Ped/bike trails with crossings... signals at crossings? Could raise" (east and south sides- design a couple options. trails on one side and two side) No signals at crossings. YES Relocate some driveways. especially east side NO One-way (either di rection I (4q NO A more developed roadway/internal public street between Walgreens and Rainbow NO Five-lane option...... talk about in area 4 Area #4. Town Centre & Duckwood YES Pedestrian access south side of Duckwood...Pilot Knob to Town Centre YES Signalize intersection (with left turn lanes - need medians) YES Median to create right in and right out at Krestwood Lane & Duckwood Drive - due to left turn lanes NO Roundabout NO Realignment of intersection NO Close section of Krestwood NO Move intersection (to east) NO Make Krestwood one-way (south) YES Change the right turn/merge from Duckwood onto Pilot Knob North YES Geometric modifications to improve safety for westbound right turns YES Need to consider traffic on Crestridge (south of Town Centre area) - should not increase traffic east of Krestwood Area #5. Duckwood...extended to include Duckwood/Denmark intersection YES Three-lane option, consider speed control... narrowing lanes YES Move Walmart (south) entrance, line up with Anchor Bank, internal Wal-Mart drive YES Install speed reader display - Police will provide temporary trailer monitor YES Pull out plants, improve sight visibility, better visibility with nice landscaping YES Clarify lane assignment at intersection NO Straighten road YES Pedestrian/trails. review continuity of the entire area - existing public and private internal walks may be adequate Side Items - To Be Suggested in Letter to Town Centre Businesses 1. Suggest diagonal parking to promote directional flow and driveway use - Fast food restaurants 2. Suggest "Right Turn Only" signs. Prohibit left turn exits during peak times - Fast food restaurants 3. Suggest "In" and "Exit" signs - Fast food restaurants 4. Manage peak time traffic internally. 5. Suggest north-south thru lanes for Wal-Mart in conjunction with moving south entrance to the west. 6. Encourage business on west side of Denmark to improve/upgrade look to a more "retail" look, now looks more like warehouses. Appendix D Cost Estimates /S? 2"0 ZU? 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Q uQi ss ? a m ^ ? q $ 4? aa ? 4 $ „ 9 a$ 9 N t Q 1 dd 66 6 6 66 66 66 66 66 a? ?a x x? 8a sn oa sm? i ° FF ° I gg8 F ?no nan a`nn -- - 1 1(05- 6-i - - - Town Centre Area Neighborhood Meeting Minutes Project 851 Community Room, Eagan City Hall November 18,2002,3:30 p.m. Attendance: Tom Colbert, Public Works Director; Tom Struve, Public Works Coordinator; Russ Matthys, City Engineer; Tom Sohrweide, Tim Plath, SEH Consulting Engineers; 10 persons representing 9 properties (attendance sheet attached) A. Welcome and Introduction City Engineer Matthys welcomed the property representatives and introduced City staff and the consultants. B. Presentation City Engineer Matthys presented the history of the traffic study for the Town Centre Area, the traffic survey and the efforts of the Task Force. Consultant Sohrweide presented the Task Force recommended traffic management improvements. City Engineer Matthys presented the cost estimates, associated special assessments and proposed schedule. C. Questions/Comments. 1. 1 agree with the proposed improvements at the Town Centre Drive/Duckwood Drive intersection. 2. The sidewalk improvements seem expensive and I wonder if businesses will be able to recover the sidewalk costs by the potential increase in business created by the sidewalks. (similar comments received from 3 parties) 3. The proposed improvements to the roadways are needed due to the increase in traffic that the area has experienced. 4. Will the City compensate businesses for business lost during and after construction? The City has not compensated businesses for lost profit on any previous projects. The City will make every effort possible to reduce the negative impacts to businesses during the construction. Businesses are encouraged to contact the City if they experience problems during construction. The intentions of the traffic management improvements is to increase the number of customers for businesses. 5. Has the City considered overnight construction or other methods to reduce the impact of construction on the adjacent businesses? A majority of the proposed improvements (edge mill and overlay) will result in minor inconveniences of short duration. Typically, overnight construction would be more costly. Proj. 851, Town Centre I I-18-02 Pagel of2 ) to L„ I Ii27/02 6. How are assessment credits applied to the properties that receive them? The City's Assessment Policy allows corner parcels to get frontage credit for proposed improvements which abut two sides. The credited frontage is paid by the City and is not spread across to all of the parcels. Pond credit may also reduce the amount of assessable frontage or area for a parcel. 7. How can affected parties have their concerns heard? The Public Hearing for this project is Monday, December 2, 2002. This meeting is another opportunity for comments. The comments from this informational neighborhood meeting will also be forwarded to the City Council for their review. 8. Does the proposed lane configuration on Town Centre Drive and Duckwood Drive have enough capacity for through traffic? Capacity analyses have been performed for the Town Centre Drive and Duckwood Drive segments. The analyses indicate that the 3-lane configuration is adequate for the projected traffic volumes. 9. Will the proposed traffic signal at Town Centre Drive and Duckwood Drive and the revised signal at Town Centre Drive and Denmark Avenue be coordinated with the nearby signals on Pilot Knob Road and Yankee Doodle Road? Yes, the signals will be interconnected to the County's signals on Pilot Knob Road and Yankee Doodle Road, respectively. However, the timing of the County's signals gives priority to the traffic on the County roads. The main emphasis of the County roads is to move traffic as efficiently as possible. Therefore, the City does not have complete control over the timing of the interconnected systems. 10. Why do the business owners have to pay assessments rather than the property owners/managers? Lease agreements vary from property to property. Business owners are encouraged to review their lease agreement for specific language on how assessments are handled for their property. Assessments will be levied against properties. 11. Why were the preliminary assessments based on the frontage method versus the area method? The City will also compute the preliminary assessments using the area method. This information will be distributed to the affected parties when it is available. 12. The representative from Cornerstone Self Storage (3495 Denmark Ave) inquired about an assessment "credit" due to the "backage road" that the City required on his property at the time of development. The "backage road" serves and benefits neighboring parcels. The representative was encouraged to present said concerns to the City Council for their consideration. 13. A representative from the Auto Mall (NE of Pilot Knob & Duckwood) objects to the median on Duckwood Drive due to impacts to access. Staff explained access would still be available, only different paths to obtain access. Staff stressed safety benefits of improvements to general public and customers. Proj. 851, Town Centre I I-18-02 Page 2 of 2 10 11%2222/02 3495 Denmark Avenue Eagan - MN - 55123 651 - 405 - 9448 November 25, 2002 Dear Council Members, We recently attended the informational meeting for Traffic Management Improvement - City Project 851 on November 18, 2002. We support the project, but did raise one major concern to us during the meeting and would like you to take a request into consideration. We noticed that assessment credits were given to property owners that have a pond on their property and also to properties that are on a corner lot. From a business standpoint, a corner lot is a prime location in that you get double exposure in regards to visibility. By choosing a corner lot, a property owner is aware up front of the possible double assessments that may occur in the future, and that there is a price to pay for having such a prime location. On the other hand, we can see ponds as being more of a detriment financially since it is undevelopable land, even though the city apparently maintains them. Our issue of concern involves the frontage road in the front of our property, which mostly benefits Kennedy Transmission and the Town Centre Car Wash to the north of us, and which we were required to put in by the city at the time of building our facility, even though both businesses already had two points of access for their customers. This frontage road is completely maintained by us alone with snowplowing in the winter and sweeping during the spring and summer. When we contacted the city during our first winter regarding its maintenance, we were told it is not a public street but private property and that we are required to keep it plowed and maintained ourselves. In light of the fact that the city is requiring us to maintain this road and since almost all of the traffic that uses it is for Kennedy Transmission and the Car Wash and not ours, we feel that a credit should be granted for our portion of the assessment that has the frontage road, or that the frontage road portion of our property be assessed equally among all 3 businesses located on it. We enjoy and respect our neighboring businesses and don't mean to cause any problems. All we are asking for is a fair and equitable assessment. Thank you for your consideration of this request. Respectfully, <A? 4dw Julie and Curt Klu g Property Managers Sheldon Badzin Owner APO Agenda Information Memo December 2, 2002 Eagan City Council Meeting E. PROJECT 875, LEXINGTON PLACE/ LEXINGTON PLACE SOUTH ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 875 (Lexington Place/ Lexington Place South Additions - Street Overlay) 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 thirteen years, the City has rehabilitated approximately 60 miles of local streets. • The resurfacing of Duckwood Drive, Blue Jay Way, Blue Jay Court, Hummingbird Lane, Falcon Way, Canary Way, and Cardinal Way, all within the Lexington Place and Lexington Place South Additions, has been programmed for 2003 in the City's 5-Year Capital Improvement Program. In January, 2002, advanced notices of this pending capital improvement were sent to all affected property owners. • On August 6, 2002, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Lexington Place and Lexington Place South Additions, located east of Lexington Avenue and north of Wescott Road. • On November 7, 2002, the feasibility report for Project 875 was presented to the City Council and a Public Hearing was scheduled for December 2 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 21 in the City Hall Council Chambers for the adjacent property owners and representatives to discuss the proposed improvements. Of the 384 total properties proposed to be assessed under this improvement, 4 persons representing 4 properties (1%) 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 7 throughj. • Neighborhood Meeting Minutes, pageslqq through . APC( City of Eagan Report for Lexington Place and Lexington Place South Additions Street Improvements City Project No. 875 Eagan, Minnesota November, 2002 17O A city of eagan PATRICIA E. AWADA November 26, 2002 Mayor Honorable Mayor and City Council City of Eagan PAUL BAKKEN 3830 Pilot Knob Road Eagan, MN 55122 PEGGY CARLSON CYNDEE FIELDS Re: Lexington Place and Lexington Place South Additions Street Improvements MEG TILLEY City Project No. 875 Council Members Dear Mayor and City Council: THOMAS HEDGES Attached is our report for the Lexington Place and Lexington Place South Additions - City Administrator Street Improvements, City Project No. 875. 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. 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.681.4600 Fax: 651.681.4612 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.681.4300 Fax: 651.681.4360 TDD: 651.454.8535 Sincerely, ohn P. Gorder Assistant City Engineer Reviewed By: www.cityofeaga.n.com - -- m u Dept. of Public Works Reviewed a, ?i'r"?t / THE LONE OAK TREE Finance Dept. The symbol of strength I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. John P. Gorder Date: l? 26 D 2. Reg. No. 22813 Date: I I- Z S- o - Z-Date: and growth in our community / 71 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................2 Scope ................................................................................................................. 3 Feasibility and Recommendations ..............................................................................4 Street Evaluation .................................................................................... 4 .............. Proposed Improvements ..........................................................................................5 Easements/Permits ................................................................................................ 6 Cost Estimate ....................................................................................................... 6 Assessments ........................................................................................................ 7 Low Density Residential ............................................................................... 7 Public Facilities ........................................................................................ 8 Assessment Financing Options ................................................................................. 9 Revenue Source ................................................................................................... 9 Project Schedule ...................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay / R? November 2002 Street Improvement Report Lexington Place and Lexington Place South 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 1.57 miles of 32' wide streets and the 0.23 miles of 44' wide streets within the Lexington Place and Lexington Place South area are identified for street overlay improvements in 2003. Figure 1, located in Appendix C, illustrates the project location. The streets were constructed in 1984 and 1985 as part of adjacent residential development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 18-19 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that the streets in the project area were seal coated in 1989 and 1990. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. During the past few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed bituminous overlay proposed with this project. (See example photo on next page) 2 /73 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 1.80 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Also included in this project are replacement of the damaged curb and gutter, and adjustments to sanitary/storm sewer utility castings and water gate valves. 3 Figure 1 Example of City Street Pavement Preparatory Maintenance Area Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase rideability 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. 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 (2003 - 2007) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. 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 2002 PCI rankings for Lexington Place & Lexington Place South Additions, discussed in this report has a neighborhood weighted average pavement condition rating of 55 which falls just below the 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 on the upper limits of the "Patch/Repair and/or Overlay" category, therefore, the 2003 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. 4 /7S Proposed Improvements The proposed street improvements are shown in Figure 3. The existing street sections consist of a 3" - 5" bituminous surface supported by 4" - 12" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 15% (0.53 miles) of the existing concrete curb and gutter will have to be replaced. 5 /71p 1 figure 2 1 ypical Street Condition - Duckwood Drive, Lexington Place Addition Boulevard sod will be removed and replaced, by a 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 20 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. 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 2003 construction costs and include a 5% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay ............................................$170,015 • Repair Existing Concrete Curb & Gutter ................ $115,680 Total ............$285,695 6 177 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 • Low Density Residential (R-1,2,3) 50% 50% • Multiple Residential (R-4) 75% 25% • Public Facilities (P) 75% 25% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) All residential equivalent properties (152 single-family lots) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (30 - 32 feet.) The estimated cost per residential lot to be assessed based on the City Assessment Policy is $383 per Single Family Lot and is calculated as follows: 1) % Low Density Residential (R-1, 2, 3) = 11,924 f.f. / 17,400 (total f.f.) = 68.55% 2) [$170,015 (Total Mill & Overlay Cost) x 68.55% x 50%] = $58,274 (Total Residential Assessment (R-1, 2, 3) 3) $58,274 (Total Single Family Residential Assessment) - $383/ lot (R-1, 2, 3) 152 Equivalent Single Family Residential Lots High Density Residential Lots (R-4) The High Density Residential (R-4) units (232) as shown on Figure 2, whose driveway enters on to streets to be improved are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for high density properties. The estimated costs per unit to be assessed, based on the City Assessment Policy, is $170 per unit and is calculated as follows: 7 /7? 1) % High Density Residential (R-4) = 5,396 f.f. / 17,400 (total f.f.) = 31.02% 2) [$170,015 (Total Mill & Overlay Cost) x 31.02% x 75%] _ $39,554 (Total High Density Residential Assessment (R-4)) 7) $39,554 (Total High Density Residential Assessment) -> $170/ lot 232 High Density Residential Lots (R-4) Public Facility (P) Public Facilities, such as Carriage Hills Golf Course, located at the east end of Duckwood Drive as shown on Figure 2, having frontage adjacent to the portion of Duckwood Drive, to be improved, are proposed to be assessed calculated by the amount of front footage (80 feet). The Assessment Policy states that 75% of the mill and overlay costs are assessable to Public Facilities. The assessment is calculated as follows: 1) % Public Facilities = 80 feet (f.f.)/ 17,400 feet (total f.f.) = 0.46% 2) $170,015 (Total Mill & Overlay Cost) x 75% x 0.46% = $587 8 17c 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 for a single-family home based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $383 & Residential Multiple Lot=$170 Principal Interest Cost Per Year Per Year Per Year First Year $77 $21 $98 (R-1, 2, 3) Fifth Year $77 $4 $81 (R-1, 2, 3) First Year $34 $9 $43 (R-4) Fifth Year $34 $2 $36 (R-4) Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $170,015 $98,300 ($71,715) Repair Existing Curb $115,680 -0- ($115,680) Total $285,695 $98,300 ($187,395) The City's Major Street Fund will finance the estimated project deficit of $187,395 (65.59% of total). 9 'ec) Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................................................November 7, 2002 Neighborhood Meeting ......................................................................November 2 L, 2002 Public Hearing ........................................................................ December 2, 2002 Approve Plans and Specifications .................................................................. January, 2003 Award Contract ............................................................................. February, 2003 Project Completion ................................................................................July 31, 2003 Final Cost Report .......................................................................... September, 2003 Final Assessment Hearing ..................................................................................... Fall, 2003 First Payment Due with Property Tax Statement .................................... May 15, 2004 10 rI Appendix A Street Overlay - City Project No. 875 Preliminary Cost Estimate Lexington Place & Lexington Place South Additions 1. Bituminous Street Overlay Item Unit Est. Qty- Unit Price Est. Cost Mobilization L.S. 1 $3,000.0 $3,00 Mill Bituminous Pavement S.Y. 13,500 $1.0( $13,50 Type 41 Wear Course Mixture Ton 2,950 $29.5( $87,025 Bituminous Material for Tack Coat Gal. 1,750 $1.5( $2,625 Adjust Valve Box Each 14 $125.0 $1,75 Adjust Frame & Ring Casting (Manhole) Each 57 $250.0( $14,25 Traffic Control L.S. 1 $1,000.0 $1,000 Repair Gate Valve- Top Section Each 8 $175.0( $1,40 Subtota $124,550 + 5% Contin encie $6,23 Subtota $130,780 + 30% Indirect Cost $39,235 TOTA $170,015 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qty- Unit Price Est. Cost emove Concrete Curb and Gutter L.F. 2,400 $5.0 $12,000.0 412 Concrete Curb and Gutter F. 1,700 $14.0( $23,800.0 618 Concrete Curb and Gutter L.F. 700 $16.0( $11,200.0 Remove and Replace Concrete Valley Gutter S.Y. 150 $60.0( $9,000.0 Adjust Frame & Ring Casting (C.B) Each 12 $150.0( $1,800.0 emove & Replace Frame & Ring Casting (C.B.) ach 2 $500.0( $1,000.0 nstall 2'x3' CB Erosion Barrier ach 3 $25.0( $75.0( Bituminous Street Patching on 275 $75.0( $18,000.0( Sod w/Topsoil S.Y. 375 $8.5( $3,190.0( Bituminous Driveway Patching S.Y. 160 $18.0( $4,680.0 Subtota $84,745.0 + 5% Contingencies $4,240.0 Subtotal $88,985.0 + 30% Indirect Cost $26,695.0 TOTAL $115,680.0 Total Project Cost $285,695.00 18a, Appendix B - City Project No. 875 Preliminary Assessment Roll Lexington Place & Lexington Place South Additions Street Overlay Unit Parcel (R-4 Low Density) P.I.N. Units Assessment Total Lexington Place 1st Add. Block 1 Lot 1 = 16 Units #100 3590 Blue Ja Way #100 104505000104 1 $170 $170 3590 Blue Ja y Way #101 104505000204 1 $170 $170 3590 Blue Ja Way #102 104505000304 1 $170 $170 3590 Blue Ja y Way #103 104505000404 1 $170 $170 3590 Blue Ja y Way #104 104505000504 1 $170 $170 3590 Blue Ja Way #105 104505000604 1 $170 $170 3590 Blue Ja Way #106 104505000704 1 $170 $170 3590 Blue Ja Way #107 104505000804 1 $170 $170 3590 Blue Ja Way #200 104505000904 1 $170 $170 3590 Blue Ja Way #201 104505001004 1 $170 $170 3590 Blue Ja y Way #202 104505001104 1 $170 $170 3590 Blue Jay Way #203 104505001204 1 $170 $170 3590 Blue Ja y Way #204 104505001304 1 $170 $170 3590 Blue Jay Way #205 104505001404 1 $170 $170 3590 Blue Ja Way #206 104505001504 1 $170 $170 3590 Blue Ja Way #207 104505001604 1 $170 $170 Block 1, Lot 2 = 16 Units 3584 Blue Ja Way #100 104505001704 1 $170 $170 3584 Blue Jay Way #101 104505001804 1 $170 $170 3584 Blue Ja Way #102 104505001904 1 $170 $170 3584 Blue Jay Way #103 104505002004 1 $170 $170 3584 Blue Jay Way #104 104505002104 1 $170 $170 3584 Blue Jay Way #105 104505002204 1 $170 $170 3584 Blue Jay Way #106 104505002304 1 $170 $170 3584 Blue Jay Way #107 104505002404 1 $170 $170 3584 Blue Jay Way #200 104505002504 1 $170 $170 3584 Blue Jay Way #201 104505002604 1 $170 $170 3584 Blue Jay Way #202 104505002704 1 $170 $170 3584 Blue Jay Way #203 104505002804 1 $170 $170 3584 Blue Ja Way #204 104505002904 1 $170 $170 3584 Blue Ja Way #205 104505003004 1 $170 $170 )33 Unit Parcel (R-4 Low Density) P.I.N. Units Assessment Total Lexington Place 1st Add. Block 1 Lot 2 con't. 3584 Blue Jay Way #206 104505003104 1 $170 $170 3584 Blue JaWay #207 104505003204 1 $170 $170 Block 1 Lot 3 =16 Units 3578 Blue Jay Way #100 104505005704 1 $170 $170 3578 Blue Jay Way #101 104505005804 1 $170 $170 3578 Blue Jay Way #102 104505005904 1 $170 $170 3578 Blue JaWay #103 104505006004 1 $170 $170 3578 Blue JaWay #104 104505006104 1 $170 $170 3578 Blue Jay Way #105 104505006204 1 $170 $170 3578 Blue Jay Way #106 104505006304 1 $170 $170 3578 Blue JaWay #107 104505006404 1 $170 $170 3578 Blue Jay Way #200 104505006504 1 $170 $170 3578 Blue Jay Way #201 104505006604 1 $170 $170 3578 Blue JaWay #202 104505006704 1 $170 $170 3578 Blue JaWay #203 104505006804 1 $170 $170 3578 Blue JaWay #204 104505006904 1 $170 $170 3578 Blue JaWay #205 104505007004 1 $170 $170 3578 Blue Jay Way #206 104505007104 1 $170 $170 3578 Blue JaWay #207 104505007204 1 $170 $170 Block 1 Lot 4 =16 Units 3572 Blue JaWay #100 104505007304 1 $170 $170 3572 Blue JaWay #101 104505007404 1 $170 $170 3572 Blue JaWay #102 104505007504 1 $170 $170 3572 Blue Jay Way #103 .104505007604 1 $170 $170 3572 Blue Jay Way #104 104505007704 1 $170 $170 3572 Blue JaWay #105 104505007804 1 $170 $170 3572 Blue Jay Way #106 104505007904 1 $170 $170 3572 Blue JaWay #107 104505008004 1 $170 $170 3572 Blue JaWay #200 104505008104 1 $170 $170 3572 Blue JaWay #201 104505008204 1 $170 $170 3572 Blue JaWay #202 104505008304 1 $170 $170 3572 Blue Jay Way #203 104505008404 1 $170 $170 3572 Blue JaWay #204 104505008504 1 $170 $170 3572 Blue JaWay #205 104505008604 1 $170 $170 3572 Blue Jay Way #206 104505008704 1 $170 $170 3572 Blue JaWay #207 104505008804 1 $170 $170 184 Unit Parcel R-4 Low Density) P.I.N. Units Assessment Total Lexington Place 1st Add. Block 2, Lot 1 = 8 Units 3595 Blue Jay Way #100 104505003304 1 $170 $170 3595 Blue Jay Way #101 104505003404 1 $170 $170 3595 Blue Jay Way #102 104505003504 1 $170 $170 3595 Blue Jay Way #103 104505003604 1 $170 $170 3595 Blue Jay Way #200 104505003704 1 $170 $170 3595 Blue Jay Way #201 104505003804 1 $170 $170 3595 Blue Jay Way #202 104505003904 1 $170 $170 3595 Blue Jay Way #203 104505004004 1 $170 $170 Block 2, Lot 2 = 8 Units 3589 Blue Jay Way #100 104505004104 1 $170 $170 3589 Blue Jay Way #101 104505004204 1 $170 $170 3589 Blue Jay Way #102 104505004304 1 $170 $170 3589 Blue Jay Way #103 104505004404 1 $170 $170 3589 Blue Jay Way #200 104505004504 1 $170 $170 3589 Blue Jay Way #201 104505004604 1 $170 $170 3589 Blue Jay Way #202 104505004704 1 $170 $170 3589 Blue Jay Way #203 104505004804 1 $170 $170 Block 2, Lot 3 = 8 Units 3583 Blue Jay Way #100 104505004904 1 $170 $170 3583 Blue Jay Way #101 104505005004 1 $170 $170 3583 Blue Jay Way #102 104505005104 1 $170 $170 3583 Blue Jay Way #103 104505005204 1 $170 $170 3583 Blue Jay Way #200 104505005304 1 $170 $170 3583 Blue Jay Way #201 104505005404 1 $170 $170 3583 Blue Jay Way #202 104505005504 1 $170 $170 3583 Blue Jay Way #203 104505005604 1 $170 $170 Block 2 Lot 4 = 16 Units 3579 Blue Jay Way #100 104505026004 1 $170 $170 3579 Blue Jay Way #101 104505026104 1 $170 $170 3579 Blue Ja Way #102 104505026204 1 $170 $170 3579 Blue Jay Way #103 104505026304 1 $170 $170 3579 Blue Jay Way #104 104505026404 1 $170 $170 3579 Blue Jay Way #105 104505026504 1 $170 $170 3579 Blue Jay Way #106 104505026604 1 $170 $170 3579 Blue Ja Way #107 104505026704 1 $170 $170 )85 Unit Parcel (R-4 Low Density) P.I.N. Units Assessment Total Lexington Place 1st Add. Block 2 Lot 4 con't. 3579 Blue JaWay #200 104505026804 1 $170 $170 3579 Blue JaWay #201 104505026904 1 $170 $170 3579 Blue Jay Way #202 104505027004 1 $170 $170 3579 Blue Jay Way #203 104505027104 1 $170 $170 3579 Blue JaWay #204 104505027204 1 $170 $170 3579 Blue JaWay #205 104505027304 1 $170 $170 3579 Blue JaWay #206 104505027404 1 $170 $170 3579 Blue Jay Way #207 104505027504 1 $170 $170 Block 2 Lot 5 =12 Units 3575 Blue Jay Way #101 104505023004 1 $170 $170 3575 Blue Jay Way #102 104505023104 1 $170 $170 3575 Blue JaWay #103 104505023204 1 $170 $170 3575 Blue Jay Way #104 104505023304 1 $170 $170 3575 Blue Jay Way #105 104505023404 1 $170 $170 3575 Blue Jay Way #106 104505023504 1 $170 $170 3575 Blue Jay Way #201 104505023804 1 $170 $170 3575 Blue JaWay #202 104505023904 1 $170 $170 3575 Blue Jay Way #203 104505024004 1 $170 $170 3575 Blue Jay Way #204 104505024104 1 $170 $170 3575 Blue Jay Way #205 104505024204 1 $170 $170 3575 Blue Jay Way #206 104505024304 1 $170 $170 Lexington Place 1st Add. 116 Subtotals $19,720 $19,720 I$ t Unit Parcel (R-4 Low Density) P.I.N. Units Assessment Total Lexington Place 2nd Add. Block 1 Lot 1 =16 Units 1063 Duckwood Drive #100 104505112904 1 $170 $170 1063 Duckwood Drive #101 104505113004 1 $170 $170 1063 Duckwood Drive #102 104505113104 1 $170 $170 1063 Duckwood Drive #103 104505113204 1 $170 $170 1063 Duckwood Drive #104 104505113304 1 $170 $170 1063 Duckwood Drive #105 104505113404 1 $170 $170 1063 Duckwood Drive #106 104505113504 1 $170 $170 1063 Duckwood Drive #107 104505113604 1 $170 $170 1063 Duckwood Drive #200 104505113704 1 $170 $170 1063 Duckwood Drive #201 104505113804 1 $170 $170 1063 Duckwood Drive #202 104505113904 1 $170 $170 1063 Duckwood Drive #203 104505114004 1 $170 $170 1063 Duckwood Drive #204 104505114104 1 $170 $170 1063 Duckwood Drive #205 104505114204 1 $170 $170 1063 Duckwood Drive #206 104505114304 1 $170 $170 1063 Duckwood Drive #207 104505114404 1 $170 $170 Block 1 Lot 2 = 12 Units 3560 Blue Jay Way #101 104505111704 1 $170 $170 3560 Blue Jay Way #102 104505111804 1 $170 $170 3560 Blue Jay Way #103 104505111904 1 $170 $170 3560 Blue Jay Way #104 104505112004 1 $170 $170 3560 Blue Jay Way #105 104505112104 1 $170 $170 3560 Blue Jay Way #106 104505112204 1 $170 $170 3560 Blue Jay Way #201 104505112304 1 $170 $170 3560 Blue Jay Way #202 104505112404 1 $170 $170 3560 Blue JaWay #203 104505112504 1 $170 $170 3560 Blue Jay Way #204 104505112604 1 $170 $170 3560 Blue JaWay #205 104505112704 1 $170 $170 3560 Blue Jay Way #206 104505112804 1 $170 $170 Block 1, Lot 3 = 16 Units 3566 Blue JaWay #100 104505110104 1 $170 $170 3566 Blue JaWay #101 104505110204 1 $170 $170 3566 Blue JaWay #102 104505110304 1 $170 $170 3566 Blue JaWay #103 104505110404 1 $170 $170 181 Unit Parcel (R-4 Low Density) P.I.N. Units Assessment Total Lexington Place 2nd Add . Block 1 Lot 3 con't. 3566 Blue JaWay #104 104505110504 1 $170 $170 3566 Blue JaWay #105 104505110604 1 $170 $170 3566 Blue JaWay #106 104505110704 1 $170 $170 3566 Blue Jay Way #107 104505110804 1 $170 $170 3566 Blue JaWay #200 104505110904 1 $170 $170 3566 Blue Jay Way #201 104505111004 1 $170 $170 3566 Blue Jay Way #202 104505111104 1 $170 $170 3566 Blue JaWay #203 104505111204 1 $170 $170 3566 Blue Jay Way #204 104505111304 1 $170 $170 3566 Blue Jay Way #205 104505111404 1 $170 $170 3566 Blue JaWay #206 104505111504 1 $170 $170 3566 Blue Jay Way #207 104505111604 1 $170 $170 Block 2, Lot 1 = 16 Units 3545 Blue Jay Way #100 104505124404 1 $170 $170 3545 Blue Jay Way #101 104505124504 1 $170 $170 3545 Blue Jay Way #102 104505124604 1 $170 $170 3545 Blue JaWay #103 104505124704 1 $170 $170 3545 Blue JaWay #104 104505124804 1 $170 $170 3545 Blue JaWay #105 104505124904 1 $170 $170 3545 Blue JaWay #106 104505125004 1 $170 $170 3545 Blue Jay Way #107 104505125104 1 $170 $170 3545 Blue JaWay #200 104505125204 1 $170 $170 3545 Blue JaWay #201 104505125304 1 $170 $170 3545 Blue JaWay #202 104505125404 1 $170 $170 3545 Blue Jay Way #203 104505125504 1 $170 $170 3545 Blue JaWay #204 104505125604 1 $170 $170 3545 Blue Jay Way #205 104505125704 1 $170 $170 3545 Blue JaWay #206 104505125804 1 $170 $170 3545 Blue JaWay #207 104505125904 1 $170 $170 Block 2 Lot 2 = 16 Units 3551 Blue Jay Way #100 104505114504 1 $170 $170 3551 Blue JaWay #101 104505114604 1 $170 $170 3551 Blue Jay Way #102 104505114704 1 $170 $170 3551 Blue Jay Way #103 104505114804 1 $170 $170 3551 Blue Jay Way #104 104505114904 1 $170 $170 3551 Blue JaWay #105 104505115004 1 $170 $170 V Unit Parcel (R-4 Low Density) P.I.N. Units Assessment Total Lexington Place 2nd Add Block 2 Lot 2 con't. 3551 Blue Ja Wa y #106 104505115104 1 $170 $170 3551 Blue Ja y Wa y #107 104505115204 1 $170 $170 3551 Blue Ja y Wa y #200 104505115304 1 $170 $170 3551 Blue Ja y Wa y #201 104505115404 1 $170 $170 3551 Blue Ja y Wa y #202 104505115504 1 $170 $170 3551 Blue Ja y Wa y #203 104505115604 1 $170 $170 3551 Blue Ja Wa y #204 104505115704 1 $170 $170 3551 Blue Ja Wa y #205 104505115804 1 $170 $170 3551 Blue Ja Wa y #206 104505115904 1 $170 $170 3551 Blue Ja Wa y #207 104505116004 1 $170 $170 Block 2 Lot 3 = 8 Units 3557 Blue Jay Wa y #100 104505117704 1 $170 $170 3557 Blue Ja y Wa y #101 104505117804 1 $170 $170 3557 Blue Jay Wa y #102 104505117904 1 $170 $170 3557 Blue Jay Wa y #103 104505118004 1 $170 $170 3557 Blue Ja Wa y #200 104505118504 1 $170 $170 3557 Blue Ja Wa y #201 104505118604 1 $170 $170 3557 Blue Ja Wa y #202 104505118704 1 $170 $170 3557 Blue Ja Wa y #203 104505118804 1 $170 $170 Block 2, Lot 4 = 16 Units 3563 Blue Ja y Wa y #100 104505120004 1 $170 $170 3563 Blue Ja y Wa y #101 104505120104 1 $170 $170 3563 Blue Jay Wa y #102 104505120204 1 $170 $170 3563 Blue Jay Wa y #103 104505120304 1 $170 $170 3563 Blue Ja Wa y #104 104505120404 1 $170 $170 3563 Blue Jay Wa y #105 104505120504 1 $170 $170 3563 Blue Jay Wa y #106 104505120604 1 $170 $170 3563 Blue Jay Wa y #107 104505120704 1 $170 $170 3563 Blue Jay Way #200 104505120804 1 $170 $170 3563 Blue Jay Way #201 104505119304 1 $170 $170 3563 Blue Ja Way #202 104505119404 1 $170 $170 3563 Blue Jay Way #203 104505119504 1 $170 $170 3563 Blue Jay Way #204 104505119604 1 $170 $170 3563 Blue Jay Wa #205 104505119704 1 $170 $170 3563 Blue Jay Wa #206 104505119804 1 $170 $170 189 Unit Parcel (R-4 Low Density) P.I.N. Units Assessment Total Lexington Place 2nd Add. Block 2 Lot 4 con't. 3563 Blue JaWay #207 104505119904 1 $170 $170 Block 2 Lot 5 = 16 Units 3569 Blue Jay Way #100 104505121404 1 $170 $170 3569 Blue Jay Way #101 104505121504 1 $170 $170 3569 Blue JaWay #102 104505121604 1 $170 $170 3569 Blue Jay Way #103 104505121704 1 $170 $170 3569 Blue Jay Way #104 104505121804 1 $170 $170 3569 Blue Jay Way #105 104505121904 1 $170 $170 3569 Blue Jay Way #106 104505122004 1 $170 $170 3569 Blue Jay Way #107 104505122104 1 $170 $170 3569 Blue Jay Way #200 104505122204 1 $170 $170 3569 Blue Jay Way #201 104505122304 1 $170 $170 3569 Blue Jay Way #202 104505122404 1 $170 $170 3569 Blue JaWay #203 104505122504 1 $170 $170 3569 Blue JaWay #204 104505122604 1 $170 $170 3569 Blue Jay Way #205 104505122704 1 $170 $170 3569 Blue Jay Way #206 104505122804 1 $170 $170 3569 Blue JaWay #207 104505122904 1 $170 $170 Lexington Place 2nd Add. Subtotals $19,720 $19,720 plus Lexington Place 1st Add. Subtotals $19,720 $19,720 Residential Grand Total $39,440 $39,440 Multiple (R-4) Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Lexington Pl. So. 1st Add. = 46 1039 Hummingbird Lane 104506001001 1 $383 $383 1043 Hummingbird Lane 104506002001 1 $383 $383 1047 Hummingbird Lane 104506003001 1 $383 $383 1051 Hummingbird Lane 104506004001 1 $383 $383 1055 Hummingbird Lane 104506005001 1 $383 $383 1059 Hummingbird Lane 104506006001 1 $383 $383 IqD Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Lexington Pl. So. 1St Add. 1063 Hummingbird Lane 104506007001 1 $383 $383 1067 Hummingbird Lane 104506008001 1 $383 $383 1090 Hummingbird Lane 104506014002 1 $383 $383 1084 Hummingbird Lane 104506013002 1 $383 $383 1080 Hummingbird Lane 104506012002 1 $383 $383 1076 Hummingbird Lane 104506011002 1 $383 $383 1072 Hummingbird Lane 104506010002 1 $383 $383 1068 Hummingbird Lane 104506009002 1 $383 $383 1064 Hummingbird Lane 104506008002 1 $383 $383 1060 Hummingbird Lane 104506007002 1 $383 $383 1054 Hummingbird Lane 104506006002 1 $383 $383 1050 Hummingbird Lane 104506005002 1 $383 $383 1046 Hummingbird Lane 104506004002 1 $383 $383 3611 Falcon Way 104506003002 1 $383 $383 3615 Falcon Way 104506002002 1 $383 $383 3619 Falcon Way 104506001002 1 $383 $383 3670 Blue JaWay 104506029002 1 $383 $383 3666 Blue Jay Way 104506028002 1 $383 $383 3662 Blue Jay Way 104506027002 1 $383 $383 3658 Blue Jay Way 104506026002 1 $383 $383 3654 Blue Jay Way 104506025002 1 $383 $383 3650 Blue Jay Way 104506024002 1 $383 $383 3646 Blue Jay Way 104506023002 1 $383 $383 3642 Blue Jay Way 104506022002 1 $383 $383 3638 Blue Jay Way 104506021002 1 $383 $383 3630 Blue Jay Way 104506020002 1 $383 $383 3622 Blue Jay Way 104506019002 1 $383 $383 3614 Blue JaWay 104506018002 1 $383 $383 3610 Blue JaWay 104506017002 1 $383 $383 3606 Blue Jay Way 104506016002 1 $383 $383 3602 Blue Jay Way 104506015002 1 $383 $383 3601 Blue Jay Way 104506009003 1 $383 $383 3605 Blue Jay Way 104506008003 1 $383 $383 3609 Blue Jay Way 104506007003 1 $383 $383 3613 Blue Jay Way 104506006003 1 $383 $383 3617 Blue Jay Way 104506005003 1 $383 $383 3621 Blue JaWay 104506004003 1 $383 $383 'In Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Lexington Pl. So. 1" Add. 3625 Blue Jay Way 104506003003 1 $383 $383 3629 Blue Jay Way 104506002003 1 $383 $383 3633 Blue Jay Way 104506001003 1 $383 $383 Lexington Pl. So. 3rd Add. = 8 3635 Blue JaCourt 104506210001 1 $383 $383 3637 Blue JaCourt 104506209001 1 $383 $383 3639 Blue Jay Court 104506208001 1 $383 $383 3641 Blue Jay Court 104506207001 1 $383 $383 3640 Blue JaCourt 104506206001 1 $383 $383 3638 Blue JaCourt 104506203001 1 $383 $383 3636 Blue Jay Court 104506202001 1 $383 $383 3634 Blue JaCourt 104506201001 1 $383 $383 Lexington Pl. So. Is` Add. = 17 3641 Blue Jay Way 104506018004 1 $383 $383 3645 Blue Jay Way 104506017004 1 $383 $383 3649 Blue JaWay 104506016004 1 $383 $383 3653 Blue Jay Way 104506015004 1 $383 $383 3657 Blue Jay Way 104506014004 1 $383 $383 3661 Blue Jay Way 104506013004 1 $383 $383 3665 Blue JaWay 104506012004 1 $383 $383 3669 Blue Jay Way 104506011004 1 $383 $383 3673 Blue Jay Way 104506010004 1 $383 $383 3677 Blue JaWay 104506009004 1 $383 $383 3643 Falcon Way 104506008004 1 $383 $383 3647 Falcon Way 104506007004 1 $383 $383 3651 Falcon Way 104506006004 1 $383 $383 3655 Falcon Way 104506005004 1 $383 $383 3657 Falcon Way 104506004004 1 $383 $383 3663 Falcon Way 104506003004 1 $383 $383 3667 Falcon Way 104506002004 1 $383 $383 Lexington Pl. So. 3rd Add. = 2 3671 Falcon Way 104506204001 1 $383 $383 3679 Falcon Way 104506205001 1 $383 $383 Lexington Pl. So. 1 s` Add. = 24 3683 Falcon Way 104506002009 1 $383 $383 3687 Falcon Way 104506003009 1 $383 $383 3691 Falcon Way 104506004009 1 $383 $383 9a Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Lexington Pl. So. 1 s` Add. 3695 Falcon Way 104506005009 1 $383 $383 3699 Falcon Way 104506006009 1 $383 $383 3703 Falcon Way 104506007009 1 $383 $383 3707 Falcon Way 104506008009 1 $383 $383 3712 Falcon Way 104506011008 1 $383 $383 3708 Falcon Way 104506010008 1 $383 $383 3704 Falcon Way 104506009008 1 $383 $383 3700 Falcon Way 104506008008 1 $383 $383 3696 Falcon Way 104506007008 1 $383 $383 3692 Falcon Way 104506006008 1 $383 $383 3688 Falcon Way 104506005008 1 $383 $383 3684 Falcon Way 104506004008 1 $383 $383 3680 Falcon Way 104506003008 1 $383 $383 3655 Canary Way 104506002008 1 $383 $383 3659 Canary Way 104506001008 1 $383 $383 3663 Canary Way 108362501001 1 $383 $383 3667 Canary Way 108362502001 1 $383 $383 3671 Canary Way 108362503001 1 $383 $383 3675 Canary Way 108362504001 1 $383 $383 3679 Canary Way 108362505001 1 $383 $383 3683 Canary Way 108362506001 1 $383 $383 Lexington Pl. So. 2°d Add. = 4 3688 Canary Way 104506105001 1 $383 $383 3684 Canary Way 104506106001 1 $383 $383 3680 Canary Way 104506107001 1 $383 $383 3676 Way 104506108001 1 $383 $383 Lexington Pl. So. 1st Add. = 13 3672 Canary Wa 104506005007 1 $383 $383 3668 Canary Way 104506006007 1 $383 $383 3664 Canary Wa 104506007007 1 $383 $383 3660 Canary Wa 104506008007 1 $383 $383 3656 Canary Way 104506009007 1 $383 $383 3672 Falcon Way 104506010007 1 $383 $383 3668 Falcon Way 104506011007 1 $383 $383 3664 Falcon Way 104506012007 1 $383 $383 3660 Falcon Way 104506013007 1 $383 $383 3659 Cardinal Way 104506014007 1 $383 $383 l 13 Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Lexington Pl. So. 1st Add. 3663 Cardinal Way 104506015007 1 $383 $383 3667 Cardinal Way 104506016007 1 $383 $383 3671 Cardinal Way 104506017007 1 $383 $383 Lexington Pl. So. 2"d Add. = 4 3675 Cardinal Way 104506101001 1 $383 $383 3679 Cardinal Way 104506102001 1 $383 $383 3685 Cardinal Way 104506103001 1 $383 $383 3691 Cardinal Way 104506104001 1 $383 $383 Lexington Pl. So. 1st Add. = 34 3700 Cardinal Way 104506013006 1 $383 $383 3698 Cardinal Way 104506012006 1 $383 $383 3696 Cardinal Way 104506011006 1 $383 $383 3694 Cardinal Way 104506010006 1 $383 $383 3692 Cardinal Way 104506009006 1 $383 $383 3690 Cardinal Way 104506008006 1 $383 $383 3688 Cardinal Way 104506007006 1 $383 $383 3686 Cardinal Way 104506006006 1 $383 $383 3684 Cardinal Way 104506005006 1 $383 $383 3682 Cardinal Way 104506004006 1 $383 $383 3680 Cardinal Way 104506003006 1 $383 $383 3678 Cardinal Way 104506002006 1 $383 $383 3676 Cardinal Way 104506001006 1 $383 $383 Outlot B (City of Eagan) 104506002000 1 $383 $383 3672 Cardinal Way 104506020005 1 $383 $383 3670 Cardinal Way 104506019005 1 $383 $383 3668 Cardinal Way 104506018005 1 $383 $383 3666 Cardinal Way 104506017005 1 $383 $383 3664 Cardinal Way 104506016005 1 $383 $383 3662 Cardinal Way 104506015005 1 $383 $383 3660 Cardinal Way 104506014005 1 $383 $383 3658 Cardinal Way 104506013005 1 $383 $383- 3644 Falcon Way 104506012005 1 $383 $383 3640 Falcon Way 104506011005 1 $383 $383 3636 Falcon Way 104506010005 1 $383 $383 3632 Falcon Way 104506009005 1 $383 $383 3628 Falcon Way 104506008005 1 $383 $383 3624 Falcon Way 104506007005 1 $383 $383 191 Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Lexington P1. So. 1 S` Add. 3620 Falcon Way 104506006005 1 $383 $383 3616 Falcon Way 104506005005 1 $383 $383 3612 Falcon Way 104506004005 1 $383 $383 3608 Falcon Way 104506003005 1 $383 $383 3604 Falcon Way 104506002005 1 $383 $383 3600 Falcon Way 104506001005 1 $383 $383 Lexington Pl. So. 1,2,3 Add. Subtotal $58,273 $58,273 - Carriage Hills Clubhouse Add - 3535 Wescott Woodlands 101650001001 Public Facilit $587 $587 Lexington Place 1&2 Add. Residential Subtotal $39,440 $39,440 - Multiple (R-4 Total $98,300 $98,300 95 m 0 z J Q W z w 0 W O? O PROMENADE PL a NOR(N a YANKEE DOODLE ROAD SCALE: YANKEE PL. RD. 28 ) F?:L N o. CENTRy DR 1. - TAMARAC PT. 4.- FOREST RIDGE TF- GOLFVIEW 2 - BIRCH PT s - IRONwoon Lao LEARY PARK DUCKWOOD 1ST. FRANCI 3.- NORWAY PT. 6.- RE PT. CARRIAGE HILLS 1 7.- SPRUCE PT. O ' LEA GOLF COURSE LAK Y BLUE 1g5 w z 3 CKWO Z 4 wn \ \1 -S?] 0 c V D z BRIAR CREEK RD. BARBARA m Z KETT CURRY ATH,, a A H PARK (Undeveloped) m K'F ?6 Z DANBURY IEw /ry? <TeORY ??c U m o ? .cc,?o??o L-i m a a z TICONDEROGA WESTBURY zo NORTHVIEW Art House PARK RD. jI'I'O,Q NORTHVIEW dHOSFO MCC A7 D m '?'? PARK ?ct. 16, 2002 HILLS DR. LAKE F? DR. uwnnrmua en r LEXINGTON PLACE & LEXINGTON PLACE SO. ADDITIONS Fig. STREET IMPROVEMENTS City of Eagan 610(„Qq LOCATION MAP - PROJECT 875 1 3J WAV Ct` \O?,\ RNING E CT. SON G _ t W??' WPB FP`CON W? HURLEY LAKE PROJECT LOCATION an ROAD "-1000, DENMARK CT. E. DENMARK TR. E. DR. c UMM BIRD LN. JAY WAY O m v ?P?G a 3 PARK:NG L I;j ?Yl? .- - BLt PARKING V 3 z 1 yy IJ 9. 7 6 o Iii U W 27 7?? Ilil I III 10/31/02 G: Feaaablit 6-L% .OLRS Fn Q SCALE: 1'=400 FT. XL7 COURSE ASSESSMENT AREA STREET IMPROVEMENTS LEXINGTON PLACE & LEXINGTON PLACE SO. ADDITIONS Figure ET IMPROVEMENTS/AREA ASSESSMENT MAP City of Eagan 1 CITY PROJECT 875 2 50'-60' ROW 80' ROW (DUCKWOOD LN. ONLY) 32' (F- 30' (F-F) N. BLUE JAY WAY ONLY 44' (F-F) DUCKWOOD LN. ONLY 3"-5" BITUMINOUS SURFACE 4"-12"AGGREGATE BASE Existing Typical Section 50'-60' ROW 80' ROW (DUCKWOOD LN. ONLY) EX. D412 CURB & GUTTER (EX. B618 CURB & GUTTER ONLY ON DUCKWOOD LANE) 32' (F-F) 30' (F-F) N. BLUE JAY WAY ONLY EDGE MILL (6' wide) Typ. 44' (F-F) DUCK WOOD LN. ONLY . 11/2* TYPE 41 BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3"-5" BITUMINOUS SURFACE 4"-12"AGGREGATE BASE Bituminous Street Overlay REPLACE EX. CURB & GUTTER AS NECESSARY Proposed Typical Section G: FeasibilityReports2003/875LexPlace Oct. 16, 2002 LEXINGTON PLACE & LEXINGTON PLACE SO. ADDITIONS Fig. STREET IMPROVEMENTS City of Eagan TYPICAL SECTIONS - PROJECT 875 3 CITY PROJECT NO 875 INFORMATIONAL NEIGHBORHOOD MEETING LEXINGTON PLACE/ LEXINGTON PLACE SOUTH STREET IMPROVEMENTS THURSDAY, NOVEMBER 21, 2002 7:30 P.M. COUNCIL CHAMBERS Attendance: John Gorder, Assistant City Engineer;. 4 persons representing 4 properties (see attached sign-in sheet). A. Welcome and Introduction • Gorder welcomed the property representatives. B. Presentation of Project Details • Gorder provided a project presentation, schedule and assessments. including details such as construction, costs, C. Questions/Comments 1. Can I get a breakdown on where my tax dollars go within the city? I have some people in the condo association who are interested. Gorder will obtain a rough breakdown and forward it to the interested resident after the meeting. 2. I want to contact the contractor to have them possibly do some private roadwork within the association drives. Gorder said that the residents will be notified prior to construction starting in the summer. At that time, the resident may contact the contractor to solicit a private bid on that work. The meeting adjourned at 8:10 p.m. F:\GROUP\ENGINEER\Russ Matthys\'02\Misc\M1nutes - Lexington place.doc 1q? NAME 1. 2. 3. 4. 5. NEIGHBORHOOD MEETING LEXINGTON PLACE & LEXINGTON PLACE S PROJECT 875 THRUSDAY, NOVEMBER 21, 2002 - 7:30 P.M. ADDRESS 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS/SIGN-IN.Sheet o'K?? Agenda Information Memo December 2, 2002 Eagan City Council Meeting F. PROJECT 876, DREXEL HEIGHTS ADDITION STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 876 (Drexel Heights Addition - Street Overlay) 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 thirteen years, the City has rehabilitated approximately 60 miles of local streets. • The resurfacing of Dresden Court, Dresden Way, and Drexel Court, all within the Drexel Heights Addition, has been programmed for 2003 in the City's 5-Year Capital Improvement Program. In January, 2002, advanced notices of this pending capital improvement were sent to all affected property owners. • On August 6, 2002, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Drexel Heights Addition, located east of Pilot Knob Road and north of Wescott Road. • On November 7, 2002, the feasibility report for Project 876 was presented to the City Council and a Public Hearing was scheduled for December 2 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 21 in the City Hall Council Chambers for the adjacent property owners and representatives to discuss the proposed improvements. Of the 29 total properties proposed to be assessed under this improvement, 6 persons representing 5 properties (17%) 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, pageso throughQld • Neighborhood Meeting Minutes, pages through AoI City of Eagan Report for Drexel Heights Street Improvements City Project No. 876 Eagan, Minnesota November, 2002 A city of eagan PATRICIA F. AWADA November 26, 2002 Mayor Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road PAUL BAKKEN Eagan, MN 55122 PEGGY CARL-SON CYNDEE FIELDS Re: Drexel Heights Street Improvements MEGTIL.LEY City Project No. 876 Council Members Dear Mayor and City Council: THOMAS HEDGES Attached is our report for the Drexel Heights - Street Improvements, City Project No. 876. The report presents and discusses the proposed improvements and includes a cost estimate, City Administrator 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: 3830 Pilot Knob Road Sincerely, Eagan, MN 55122-1897 .-1, - //1 Phone: 651.681.4600 ohn P. Gorder Fax: 651.681.4612 Assistant City Engineer TDD: 651.454.8535 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Maintenance Facility: Engineer under the laws of the State of 3501 Coachman Point Minnesota. Eagan, MN 55122 Phone: 651.681.4300 John P. Gorder Fax: 651.681.4360 Date: Z 0 2 Reg. No. 22813 TDD: 651.454.8535 Reviewed By: www.cityofeagan.com 2,-- Dept. of Public orks Date: H2--C2 Reviewed THE LONE OAKTREE Finance Dept. ?5 Date: The symbol of strength and growth in our community !?O TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .................................................................................. 2 ..................... Scope ................................................................................................................. 3 Feasibility and Recommendations ..............................................................................4 Street Evaluation .................................................................................................. 4 Proposed Improvements ........................................................................................5, 5,6 Easements/Permits ................................................................................................ 7 Cost Estimate ....................................................................................................... 7 Assessments ........................................................................................................ 8 Low Density Residential ............................................................................... 8 Assessment Financing Options ................................................................................. 9 Revenue Source ................................................................................................... 9 Project Schedule ...................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay Qc?f November 2002 Street Improvement Report Drexel Heights 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 0.44 miles of 32' wide streets within the Drexel Heights area are identified for street overlay improvements in 2003. Figure 1, located in Appendix C, illustrates the project location. The streets were constructed in 1980 as part of adjacent residential development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within Drexel Heights, which are presently at the 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that the streets in Drexel Heights were seal coated in 1984 and 1992. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. During the past few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed bituminous overlay proposed with this project. (See example on next page) 2 Ol? 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 0.44 miles of roadways located within Drexel Heights. Figure 2, located in Appendix C, illustrates the project area. Also included in this project are replacement of the damaged curb and gutter, and adjustments to sanitary/storm sewer utility castings and water gate valves. O/ Example of City Street Pavement Preparatory Maintenance Area Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase rideability 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. 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 (2003 - 2007) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. 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 2001 PCI ranking for Drexel Heights, discussed in this report has a neighborhood weighted average pavement condition rating of 56 which falls within the rankings of the "Routine Maintenance/ Crack Seal/ Seal Coat" category because of the preparatory maintenance performed by City crews, as mentioned above. Although the PCI ratings are slightly above the "Patch/ Repair and/or Overlay" category, the pavements are losing structural stability at a fast rate. Therefore, the 2003 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall into the "Patch/ Repair and/or Overlay" category. However, if it is delayed, the structural benefit to the pavements may be reduced. 4 ao? Proposed Improvements The proposed street improvements are shown in Figure 3. The existing street sections consist of a 3" bituminous surface supported by 6" - 7" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. 5 I ypical street Condition - Drexel Heights Addition 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. Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 12% (0.10 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced, by a 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 20 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. (See photo on next page) 6 Edge milling on a recent overlay project in Eagan 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 2003 construction costs and include a 5% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Edge Mill and Overlay ..............................................$45,790 Repair Existing Concrete Curb & Gutter ..................$23,230 Total .............. $69,020 7 aJo rcecentty eompietea overlay project-win unity stnuture aujustmenns krarxcnri 1 -.11 rrountons, tvvL) 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 • Low Density Residential (R-1, R-3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-3) All residential equivalent properties (31 single-family lots) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet.) The estimated cost per residential lot to be assessed based on the City Assessment Policy is $789 per single family lot and is calculated as follows: 1) % Low Density Residential = 4,498 feet/ 4,498 (total ff.) =100.00% 2) [$45,790 (Mill & Overlay Cost) x 50% x 100.00%] = $22,895 (Total Residential Assessment) 3) $22,895 (Total Single Family Residential Assessment) 4 $789/ lot 29 Equivalent Single Family Residential Lots 8 at < 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 for a single-family home based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $789 Principal Interest Cost Per Year Per Year Per Year First Year $158 $43 $201 Fifth Year $158 $9 $167 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $45,790 $22,880 ($22,910) Repair Existing Curb $23,230 -0- ($23,230) Total $69,020 $22,880 ($46,140) The City's Major Street Fund will finance the estimated project deficit of $46,140 (66.85% of total). 9 al Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................................................November 7, 2002 Neighborhood Meeting ......................................................................November 21, 2002 Public Hearing ........................................................................ December 2, 2002 Approve Plans and Specifications .................................................................. January, 2003 Award Contract ............................................................................. February, 2003 Project Completion ................................................................................July 31, 2003 Final Cost Report .......................................................................... September, 2003 Final Assessment Hearing ..................................................................................... Fall, 2003 First Payment Due with Property Tax Statement .................................... May 15, 2004 10 al ID Appendix A Preliminary Cost Estimate Drexel Heights Street Overlay - City Project No. 876 1. Bituminous Street Overlay Item Unit Est. Qty- Unit Price Est. Cost Mobilization L.S. 1 $2,000.0 $2,00 Mill Bituminous Pavement S.Y. 3,200 $1.0 $3,20 Type 41 Wear Course Mixture Ton 800 $29.5( $23,60 ituminous Material for Tack Coat Gal. 500 $1.5( $75 Adjust Valve Box Each 2 $125.0( $25 Adjust Frame & Ring Casting (Manhole) Each 10 $250.0 $2,50 Traffic Control L.S. 1 $800.0 $80 Repair Gate Valve- Top Section Each 3 $150.0 $45 Subtotal $33,55 + 5% Contingencies $1,675 Subtotal $35,225 + 30% Indirect Cost $10$65 TOT $45,79 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qty- Unit Price Est. Cost emove Concrete Curb and Gutter L.F. 500 $5.0 $2,500.0 412 Concrete Curb and Gutter F. 500 $15.0( $7,500.0( emove and Replace Concrete Valley Gutter Y. 17 $60.0( $1020.0 djust Frame & Ring Casting (C.B) ach 3 $150.0( $450.0( nstall 2'x3' CB Erosion Barrier Each 3 $25.0( $75.0( Bituminous Street Patching on 45 $75.0( $3,375.0( Sod w/Topsoil S.Y. 120 $8.5( $1,020.0 Bituminous Driveway Patching S.Y. 60 $18.0 $1,080.0( Subtotal $17,020.0 + 5% Contin encie $850.0( Subtotal $17,870.0 + 30% Indirect Cost $5,360.0 TOTAL $23,230.0 Total Proiect Cost $69,020.00 atq Appendix B Preliminary Assessment Roll Drexel Heights Street Overlay City Project No. 876 Parcel (R-1 Low Lot Unit Density) P.I.N. Equivalent Assessment Total Drexel Heights Add. Block 1 3790 Drexel Ct. 10-21500-010-01 1 $789 $789 3780 Drexel Ct. 10-21500-020-01 1 $789 $789 3760 Drexel Ct. 10-21500-030-01 1 $789 $789 3785 Dresden Way 10-21500-040-01 1 $789 $789 3793 Dresden Way 10-21500-050-01 1 $789 $789 Block 2 1341 Dresden Ct. 10-21500-010-02 1 $789 $789 1333 Dresden Ct. 10-21500-020-02 1 $789 $789 1325 Dresden Ct. 10-21500-030-02 1 $789 $789 Block 3 1304 Dresden Ct. 10-21500-010-03 1 $789 $789 1312 Dresden Ct. 10-21500-020-03 1 $789 $789 1320 Dresden Ct. 10-21500-030-03 1 $789 $789 1328 Dresden Ct. 10-21500-040-03 1 $789 $789 1336 Dresden Ct. 10-21500-050-03 1 $789 $789 1344 Dresden Ct. 10-21500-060-03 1 $789 $789 1352 Dresden Ct. 10-21500-070-03 1 $789 $789 1360 Dresden Ct. 10-21500-080-03 1 $789 $789 3740 Drexel Ct. 10-21500-090-03 1 $789 $789 3730 Drexel Ct. 10-21500-100-03 1 $789 $789 Outlot B 10-21500-020-00 1 Outlot D 10-21500-040-00 1 Block 4 3710 Drexel Ct. 10-21500-010-04 1 $789 $789 3700 Drexel Ct. 10-21500-020-04 1 $789 $789 3690 Drexel Ct. 10-21500-030-04 1 $789 $789 cI5 Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Block 5 3765 Drexel Ct. 10-21500-010-05 1 $789 $789 3775 Drexel Ct. 10-21500-020-05 1 $789 $789 3796 Drexel Ct. 10-21500-030-05 1 $789 $789 Subtotal $18,936 Harveys Heritage Addition Block 1 3715 Drexel Ct. 10-32025-010-01 1 $789 $789 3725 Drexel Ct. 10-32025-020-01 1 $789 $789 Subtotal $1,578 Braun Sunrise Addition Block 1 3733 Drexel Ct. 10-15100-022-01 1 $789 $789 3739 Drexel Ct. 10-15100-030-01 1 $789 $789 3745 Drexel Ct. 10-15100-040-01 1 $789 $789 Subtotal $2,367 Total Assessments $22,880 alb 0 0 z 0 J a 81st SST. W O U p 4 PROMENADE PL. 0R0VJ a YANKEE DOODLE ROAD SCALE: YANKEE PL. CO RD. 28 TOWN 0` CENTRE DR• 1.- TAMARA( PT. 4.- FOREST RIDGE Tit. GOLFVIEW 2 - BIRCH PT RONWOOD I A 0 LEARY PARK DISCOVERY ROAD "=1000, s.- I CARRIAGE HILLS 3.- NORWAY PT. 6.- RE PT. 1 7.- SPRUCE PT. LEA GOLF COURSE Q LAK ?0 2 w )4 of U1 TIM Rn FLICKE o ?- w = U U U ~ 0 IR N w m U a Y MOURNING FISH LAKE LNLSTAD LN. DOVE CT. DENMARK PARK CT. E. N 0 o w CT. Gl • DENMARK OROO OE `N TR. QI CT 0 0 JAG Q Y o CD Y ROCKY LN. J : V v a N???E OR LL; / Y DEERWOOD DRIVE U V DUCKWOOD INGLET ST. FRANCIS CT NERD WAY o Gj gP?D ?9 3 C1 y??dG ?P? F ICON WAY HURLEY LAKE RD. cG BARBARA CURRY PARK (Undeveloped) ESTVIEW 8NO,, LN. - PROJECT LOCATION )EERRIDGE 3CT. 2 HOSFO D MCC HILLS LAK BLUE DR. m 0 C UMM IRD LN. JAY WAY Jti AGO mU FP?P? W O? 3 n ?G? Q O GP?p\? m zC l_ zz BRIAR CREEK RD. z KETT A H? a AVANN H m a ?Ye 3 Z <n-' DANBURY C O 0 z?, 0 AZ z 0G CL z HILL RD. Art House m F NORTHVIEW PARK RD. NORTHVIEW DREXEL HEIGHTS ADDITION STREET IMPROVEMENTS Fig. oZ?1 1 City of Eagan LOCATION MAP - PROJECT 876 ' ROW 2 1/2"-3"BITUMINOUS SURFACE EX. D412 CURB 6"-7" AGGREGATE BASE & CUTTER Existing Typical Section 60' ROW 32' (F- EDGE MILL (6' wide) T 1i/2' TYPE 41 BITUMINOUS OVERLAY REPLACE EX. CURB & GUTTER AS NECESSARY BITUMINOUS TACK COAT 2 1/2--3- BITUMINOUS SURFACE 6"-7" AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section G: FeasibilityReports2003/876DFig3 Oct. 8, 2002 DREXEL HEIGHTS ADDITION Fig. STREET IMPROVEMENTS ,;?Icity of Eagan TYPICAL SECTIONS - PROJECT 876 3 CITY PROJECT NO 876 INFORMATIONAL NEIGHBORHOOD MEETING DREXEL HEIGHTS STREET IMPROVEMENTS THURSDAY, NOVEMBER 21, 2002 6:30 P.M. COUNCIL CHAMBERS Attendance: John Gorder, Assistant City Engineer;. 6 persons representing 5 properties (see attached sign-in sheet). A. Welcome and Introduction • Gorder welcomed the property representatives. B. Presentation of Project Details Gorder provided a project presentation, including details such as construction, costs, schedule and assessments. C. Questions/Comments 1. One resident stated that the city should pay for all of this assessment cost. Gorder stated that policy was set in early 1990's and that it has been a successful and well- received program. He also explained other metro cities' policies on this type of improvement, that some pay for entire cost while other pay for none of the costs. Gorder also reminded the resident that the City is responsible for approximately 66% of the project costs. 2. My car bottoms out when I leave my driveway. Gorder will look at situation in the near future and work with the resident on any feasible solution to the problem with the project construction. The meeting adjourned at 7:10 p.m. F:\GROUP\ENGINEER1Russ MatthysV02\Misc\Minutes - drexel heights.doc I6( NEIGHBORHOOD MEETING DREXEL HEIGHTS PROJECT 876 THRUSDAY, NOVEMBER 21, 2002 - 6:30 P.M. ADDRESS 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet 4. ?1 v'? c 1- r 5. C? L l ?? Agenda Information Memo December 2, 2002 Eagan City Council Meeting G. BLACKHAWK PLAZA (LOT 3, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue any action of the vacation of public drainage and utility easements within Lot 3, Block 1, Blackhawk Plaza until consideration of the Final Plat and Subdivision for Greyhawk Addition. FACTS: • On October 28, 2002, City staff received a petition from Mr. Mark Gergen, developer and property owner of the proposed "Greyhawk Addition", requesting the vacation of drainage and utility easements within Lot 3, Block I Blackhawk Plaza Addition, north of Diffley Road and east of Blackhawk Road in central Eagan. • The purpose of the request is to remove underlying easements to allow the subdivision of Greyhawk Addition as proposed with the preliminary development plans. All necessary easements on the property will be re-dedicated with re-platting of the property as Greyhawk Addition. • The request would vacate the existing easements, avoiding future conflicts with underlying easements. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • City Engineering staff has reviewed the request found it to be in order for favorable Council action. ISSUES: • To date, the final plat and subdivision approval for the Greyhawk Addition has not been scheduled for Council consideration. It would be appropriate for the approval of the easement vacation to occur concurrently with the final plat and subdivision approval at a future date. ATTACHMENTS: • Location map, page __. • Legal Description/Graphics, page aai s 4, D I FFLEY ROAD LOCATION Scale: 1 "=500 Feet BLACKHAWK PLAZA LOT 3, BLOCK 1 EASEMENT VACATION Nov.1,2002 (5W LOCATION MAP City of Eagan I 7 a N ? \ a ? ? o ??? . ?¢ ?s- = {a?i d {1 {i Q ?a ro I I m j{ [EI \ Y d 21 Q V) 4( E, L? ?\ Od \ bf, s r - - - - - - \ \ \ \ _ J \ ? ? Greyhawk Addition Easement Vacation All easements lying within the following described parcel: - - ;- Lot 3, Block I Blackhawk Plaza, Dakota County, Minnesota. aa3 Agenda Information Memo December 2, 2002, Eagan City Council Meeting VI. OLD BUSINESS A. VARIANCE - WEST END HUNTING AND FISHING CLUB ACTIONS TO BE CONSIDERED: 1) To approve (with consideration off added conditions relating to the Club's proposal for phasing site improvements: i.e. parking lot/access road surfacing. ultimate N11RP pond standards, temporary sewer holding tank system. etc) or deny a Variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road: subject to the conditions in the Staff report. 2) Initiate a Public Improvement Project to extend City sewer and water towards 120`x' Street and the West End Hunting and Fishing Club, or approve an on-site septic/temporary holding tanl: system and private well. To direct the City Attorney to prepare an ordinance Amendment that would require all commercial operations to be served by City sewer and water. FACTS: The City Council discussed and continued this item at their regular meeting of November 19. 2002. Several "big picture" issues were discussed at length and those are summarized below. The unplatted property is about 19 acres in area. contains several buildings. is not served by City services, has a current parking area that does not meet City standards and gains access from an unimproved City street. Gun Club Road. The club is currently designing two new buildings to replace the four existing structures: the two new buildings are a clubhouse used for social gatherings and training. and an accessory structure for storage. ISSUES: The requested variance brought other issues to light. In particular, a parking lot meeting City standards requires storm sewer improvements to carry run-off to an appropriate location. This issue affects the Gun Club site and Lebanon Hills Regional Park because the natural flow in this area is west - northwest and the County and the City have had issues with controlling storm water within the park. Dakota County has requested the City to investigate and incorporate additional ponding areas upstream from Lebanon I lills Regional Park wherever and whenever possible. In reviewing this property, there are limited opportunities to modify the City's Comp Plan for runoff storage volume. It is 6ay- questionable as to whether this can be accomplished, either physically or environmentalIN without extensive wetland mitigation requirements. Secondly, the property is presently not served by City sewer and water. Private systems are discouraged generally, and, particularly, for commercial uses. The proposed club house will require a new septic system to be installed and City staff has concern relatinp to such an investment when it is very likely that a utility extension from Red Pine Lane to the south will occur be needed within the next three to six months to serve anticipated development on the Mr. Jim Oberg property. Development of the Oberg property will result in utilities being extended and available to the Gun Club at their northern boundary. The City staff has previously investigated opportunities to extend City sewer and water utilities to the general area of Gun Club Rd. and 120`x' Street at the Rosemount border, which would provide the West End Hunting and Fishing Club and surrounding areas with sewer and water serviceability in accordance with the City's Comprehensive Plans. ATTACHMENTS (3): Draft November 19, 2002 City Council minutes on page. Sewer extension/concept development map. page Planning staff report on pageso through. Eagan City Council Meeting Minutes November 19, 2002 Page 2 DRAFT N. Project 862. It was recommended to receive the Final Assessment Roll for Project 862 (Dodd Road, Camberwell Drive to Wescott Road - Street and Utility Improvements) and schedule a public hearing to be held on December 17, 2002. 0. Pulled for Discussion. Project 874. It was recommended to receive the Draft Feasibility Report for Project 874 (Gift of Mary - Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. P. Change Order #7. It was recommended to approve change order number 7, Eagan Community Center, in the total amount of $84,460. Q. Convention and Visitors Bureau Budget. It was recommended to approve the ECVB budget as presented and discussed at the November 12 Special City Council meeting. R. 2003 Tobacco License Renewals. It was recommended to approve 2003 Tobacco License Renewals for Tobacco Warehouse, Houlihan's, Byerly's, Sam's Club, Joe Senser's Sports Bar, Cedarvale Texaco, Wal-Mart, Cub Foods, Big Top Wine & Spirits, Liquor Shoppe, Casper's Sports Barn, Byerly's Wines & Spirits, MGM Spirits Express, Tobacco Joint, PDQ #214, Duckwood 66, Sid's Discount Liquor, Perrier Wines & Liquors. S. 2003 Trash Hauler Renewals. It was recommended to approve 2003 Trash Hauler License Renewals for: Construction / Demo - Haul Tech, Waste Management; Residential Haulers - Waste Management; Multiple Dwelling / Commercial - Haul Tech and Waste Management. T. September 3, 2002 Minutes. It was recommended to approve a revision to page 5 of the September 3, 2002 City Council minutes. U. Continued. Final Subdivision . It was recommended to approve a Final Subdivision to create nine single family lots on 4.6 acres located at 1470 Englert Road, west of Pilot Knob Road. V. Special Meeting. It was recommended to schedule a special City Council meeting for December 10, 2002. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 0. Project 874. Receive the Draft Feasibility Report for Project 874 (Gift of Mary - Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. A brief discussion was held regarding MnDOT involvement in the project. Councilmember Bakken moved Councilmember Tilley seconded a motion to receive the draft Feasibility Report for Project 874 (Gift of Mary - Street & Utility Improvements) and schedule a public hearing to be held on December 17, 2002. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - WEST END HUNTING AND FISHING CLUB City Administrator Hedges introduced this item regarding a request for a variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road. Senior Planner Ridley gave a staff report. Public Works Director Colbert addressed runoff to the wetland area and sanitary sewer availability issues. Mayor Awada opened the public hearing. Quinn Hudson, representing the West End Hunting and Fishing Club stated the Club would be willing to consider paving the parking lot in the future when the gravel road is upgraded and stated they would also be willing to connect to City services when available. Councilmembers and staff discussed future improvement projects for the area and it was agreed that further information is needed before a decision can be reached regarding the requested variance. The applicant agreed to a continuance to the Tuesday, December 2, 2002 City Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Public Hearing to consider a variance to parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road. Aye: 5 Nay: 0 01a (0 Lei j . \.r\•wrrm\crAwr\rrrr-uow\ro-»-n\rxunwtx.wo or/?r/m rr.*o r rn 1l o I is % ' i•: ?? 1 I 0?0 +CiI 0 TRUNK'IHWY. 3 ISCAYNE _?--- AVE. ii Al :3 (D ;rf) ?i ;' J om" 4. 59 I'M (D =r UN-i Qc RQAQ L __j PINE LANE _ 11 eACAROI r ?\ INV A\OEl a yi ro to _........ air ?m1NNNHNHINNMII'?' ?' 1 T1 t ,? ZD _ E HEIGHTS =j '' PLANNING REPORT CITY OF EAGAN REPORT DATE: November 13, 2002 APPLICANT: Thomas Wood CASE: 36-VA-33-10-02 HEARING DATE: November 19, 2002 PROPERTY OWNER: Thomas Wood REQUEST: Variance LOCATION: 650 Gun Club Road COMPREHENSIVE PLAN: P, Park ZONING: P, Park SUMMARY OF REQUEST APPLICATION DATE: October 30, 2002 PREPARED BY: Sheila O'Bryan Tom Wood requests a Variance to the parking lot requirements for the West End Hunting and Fishing Club located at 650 Gun Club Road in the SE 1/4 of Section 36. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if- 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS All off-street parking areas shall be constructed with curbs or similar barriers to contain all vehicles. All off-street parking areas for four vehicles or more shall be constructed with concrete curb, all lots and driveways shall be surfaced with a material to control dust and drainage. Planning Report - West End Hunting and Fishing Club November 26, 2002 Page 2 BACKGROUND/HISTORY The original building permit for the clubhouse was issued by the Board of Supervisors of Eagan Township on June 6, 1961. At that time a special use permit was issued limiting the shooting days to Sundays, Mondays, Wednesdays and Thursdays. In 1980 the City Council approved a building permit for the Club to construct a new clubhouse on unplatted property. A condition was added that the Club dedicates a forty foot half right-of-way to allow for the future construction and improvement of Gun Club Road. EXISTING CONDITIONS The property is not platted and is not serviced by City sewer and water. The property is zoned P, Park. Currently the property contains four buildings on the lot. There is one garage, one shed, one barbeque pit, and one clubhouse. There are also four trap ranges. The parking lot is not curbed or paved; sole access is from Gun Club Road and is also not paved. The site is wooded and contains about 19 acres; there is a pond on the north portion of the site. EVALUATION OF REQUEST The club is designing two new buildings to replace the existing four structures. The main social club building is less than 5,000 square feet and will contain a dining room with a bar, a training room, one office, kitchen and restrooms. The building will be used for social gatherings that seat 204 people as well as training. The second building is a 1,200 square foot accessory structure. This building has a drive-in door and dock access. Along with the new buildings additional landscaping will be provided. At the time of building permit it is necessary to plat the property as well as provide a tree inventory. The requested variance is to the parking requirements of curb, gutter, striping and pavement. The site is in a secluded location surrounded by woodlands. The proposal includes class 5 limestone for the parking lot. The site plan indicates approximately 102 parking spaces, only 64 are required by City Code. With future construction of a new social clubhouse and storage facility, improvements are being made to the site, staff asserts that this is the appropriate time to make improvements to the overall lot and conform to present City Code requirements. The property is not serviced by City sewer and water. Private systems are discouraged generally, and, particularly, for commercial uses. Staff is unaware of any other commercial use served by private systems. It is up to City Officials to determine if it is appropriate for this site to vary from City Code standards. APPLICANT'S ESTIMATE OF HARDSHIP The applicant believes the variance is warranted because sole access to the property. "The site is in the far southeast corner of Eagan in a relatively rural setting that asphalt would not be essential to maintaining the character of the site; and the site is secluded within this natural setting and as such would not be visible to the existing adjoining landowners." The applicant currently r1 Q Planning Report - West End Hunting and Fishing Club November 26, 2002 Page 3 provides dust control for the existing crushed rock drive and parking during dry summer periods and would continue this practice. SUMMARY/CONCLUSION The West End Hunting and Fishing Club requests a variance to the parking lot requirements of curb, gutter and paving. The property and the use are unique. The number of parking spaces is based on the number of seats in the clubhouse. The submitted plans indicate more than enough parking is available. Any time new development or redevelopment is proposed it is important to review the site as a whole and determine the necessary improvements necessary for the site to fully comply with current City Code requirements. Location, use, and intent are all factors that should be considered in determining the appropriateness for the parking standards. ACTION TO BE CONSIDERED To approve a variance to the parking lot requirements of curb, gutter and paving for the West End Hunting and Fishing Club located at 650 Gun Club Road. Subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The owner shall provide dust control for the crushed rock parking lot and drive. a-7 J-) Eagan Boundary Cerisod ki' Location Map ? IIUNdIng Feotpdiat Development/Developer. West End Hunting and Fishing Club Application: Variance Case No.: 36-VA-33-10-02 Map Prsporsd using ER01 ArtVNw 3.1. Parisi boos map dots provided N by Dakota County Lend Survey Osparslwrd and is 91YNrt1 u N North 2002. THIS MAP Ii INTENDED FOR REFERENCE USE ONLY W E City Eagan M i N N E S S O T A Tho City of Egan and Dakota County do not guarantee the accuracy of this Information and are S If Dsrds r_ osparuent net responsible for otter or emissions. 1000 0 1000 2000 Feat 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431.4433 WEST END FISHING AND HUNTING CLUB: COMM NO: 01024 DATE: October 29, 2002 SUBJECT: Project Narrative The West End Fishing and Hunting Club is an Eagan club that provides fishing, hunting and gun safety training; trap shooting practice and competition; and social gathering opportunities for its members and guests. The Club is currently designing two new buildings to replace the existing four structures that will be removed. The main social club building is less than 5,000 square feet and will contain a dining room with bar, a training room, one office, kitchen and restrooms. This building will be used for social gatherings as well as for training classes. The second structure is a 1,200 square foot accessory storage building. This building has a drive-in door and dock access. The Club receives approximately eight deliveries per year for clay birds and pre-packaged shells that will be stored in this building to be used on the trap ranges. The exterior of the buildings have a quality country club image and will be of low maintenance permanent materials. Both buildings will have a wainscot of integrally colored decorative rockface concrete masonry units on all sides. Above the wainscot will be prefinished metal lap siding. The trim and facia will also be prefinished metal. The buildings will be roofed with architectural grade shingles. The site will be improved adding landscaping around the new buildings and providing accessible paths between the parking, trap ranges and main building. The site will remain very natural including the mature trees throughout the site as well as the existing pond on the north portion of the site. The building and parking will only cover approximately 7% of the total 19.0 acre site. This variance request is for providing class 5 limestone parking lot and drive instead of asphalt parking along with curb and gutter. The owner is requesting this variance for the following reasons. • An approximately 1/4 mile long crushed rock road beyond the site provides accesses the current facility. An upgrade on this site would then go from crushed rock back to asphalt. • This site is in the far southeast corner of Eagan in a relatively rural setting that asphalt would not be essential to maintaining the character of the site. • This site is secluded within this natural setting and as such would not be visible to the existing adjoining landowners. • The Owner is currently accustomed to providing dust control for the existing crushed rock drive and parking during dry summer periods and would continue this practice. N +2001\01024%CITY REVIEW (SITE. CL?)\NARRATIVE DOC a3A If there are any additional questions about the operations or proposed facility, feel free to contact the Owner or myself. Respectfully submitted: 2g41 uinn S. Hutson, ALA CNH Architects, Inc. cc: File Tom Wood, West End Fishing and Hunting Club H \200I\01024'.CITY REVIEW (SITE. CUP)WARRATIVE. DOC ?ZV a...n ar w+w?vw n. s w ?w.ow 3 Alaft an'1p JNLLNnN C NV HQQ ONINSW ON31S3M a Jil l 1.11 15 OR O iI 1 1 , 1111 :1 1 I 3N [it 4 1 1 1, 1 1 tl e I f j l? f I • • t s A h t' j ti [I ?4 ?1 r? nW?os°N T a?Li Kean-r -- - -QYO?l1YM _???1'd y 7,Vd Z all , . Z O - O ' LL O -• Z -- Agenda Information Memo December 2, 2002 Eagan City Council Meeting B. FINAL REDEVELOPMENT AGREEMENT - DELTA DEVELOPMENT, INC. (CEDAR GROVE REDEVELOPMENT AREA) ACTION TO BE CONSIDERED: To approve the Final Redevelopment Agreement with Delta Development, Inc. in the Cedar Grove Redevelopment Area. FACTS: • The Eagan City Council created the Cedar Grove Tax Increment Financing Redevelopment District in October 2001. • The City of Eagan previously entered into a preliminary redevelopment agreement with Delta Development for a 230-unit owner-occupied townhome project in the Cedar Grove Redevelopment Area - South District. • The Eagan Economic Development Authority approved the Final Redevelopment Agreement on November 19, 2002. • Staff will provide a brief overview of the final agreement and answer any questions the City Council may have. ATTACHMENTS: CD-1 • Final Redevelopment Agreement is attached on page a 4 through X135 DRAFT: 11/26/02 DEVELOPMENT AGREEMENT Dated , 2002 Relating to TAX INCREMENT FINANCING DISTRICT NO. 1 Between EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN and DELTA DEVELOPMENT, INC. This Instrument Drafted by: Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into as of this day of 2002, by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA"), the CITY OF EAGAN, a Minnesota municipal corporation (the "City"), and DELTA DEVELOPMENT, INC., a Minnesota corporation (the "Developer"): WITNESSETH: WHEREAS, the EDA has created and established a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Project Area (the "Redevelopment Project Area") pursuant to the authority granted by Minnesota Statutes, Sections 469.090 to 469.1081 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"); and WHEREAS, pursuant to the Acts, the EDA has adopted and the City has 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 Project Area; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has determined to provide substantial aid and assistance through the financing of land acquisition and certain public improvement costs in the Redevelopment Project Area; and WHEREAS, the Developer has proposed a phased housing development ("Phase I", "Phase II" and "Phase III") within the Redevelopment Project Area and the TIF District which the EDA has determined will promote and carry out the Redevelopment Plan and TIF Plan; and NOW, THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Developer, the parties hereby represent, covenant and agree as follows: &3l ARTICLE I. DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION Section 1.1 Definitions. In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise: (a) Acquisition and Relocation Costs. The costs of the City, the EDA and Developer of acquiring the Property, demolition of existing structures and any relocation costs associated with the Development. (b) Certificate of Completion. The certificate of substantial completion set forth in Exhibit B hereto. (c) City. The City of Eagan, Minnesota. (d) City Assessments. The amounts which the City would have assessed against the Property as set forth in Exhibit F. (e) City Fees. The development fees which the City is entitled to receive for park and trail dedication, water quality and trunk assessment with respect to the Improvements as set forth in Exhibit F. (f) Commencement Date. The earlier of date on which the Developer commences construction of a Phase or enters into definitive financing agreements for a Phase, provided that the Developer shall have furnished satisfactory evidence to the EDA that the Developer has contributed equity in an amount at least equal to the subsidy to be provided for that Phase. (g) Condemnation Expenses. The incidental costs of acquiring Property to be condemned pursuant to Section 3.6, including court costs, filing fees, expert witness fees and relocation costs, but excluding the purchase price. (h) Developer. Delta Development, Inc., a Minnesota corporation, its successors and assigns. (i) Development. The Property and the Improvements to be constructed thereon by the Developer as Phase I, Phase II and Phase III according to the Housing Plans approved by the EDA and the City. (j) EDA. The Economic Development Authority of the City of Eagan, Minnesota. 2 0138 (k) Housing Plans. Collectively, the plans, drawings and related documents referred to in Exhibit C which establish certain design and construction standards for the Improvements. (1) Improvements. Each and all of the improvements to be constructed on the Property by the Developer, which are expected to include approximately 230 units, including townhomes and village homes, to be completed in three phases as specified in the Housing Plans identified in Exhibit C hereto, but excluding any and all personal property. (m) Letter of Credit. The Letter of Credit described in Section 3.9. (n) Mortgage and Holder. The term "mortgage" shall include the mortgages referenced in Article IV of this Agreement and any other instrument creating an encumbrance or lien upon the Development or any part thereof as security for a loan. The term "holder" in reference to a mortgage includes any insurer or guarantor (other than the Developer) of any obligation or condition secured by such mortgage or deed of trust. (o) Partial Release. The Partial Release in the form of Exhibit E hereto to be executed upon Substantial Completion of a Unit or Units. (p) Phase I. The portion of the Development expected to be constructed on the Phase I Property. (q) Phase I Property. That portion of the land described in Exhibit A and as subsequently identified by the Developer as the Phase I Property. (r) Phase II. The portion of the Development expected to be constructed on the Phase II Property. (s) Phase II Property. That portion of the land described in Exhibit A hereto and as subsequently identified by the Developer as the Phase II Property. (t) Phase III. The portion of the Development expected to be constructed on the Phase III Property. (u) Phase III Property. that portion of the land described in Exhibit A hereto and as subsequently identified by the Developer as the Phase III Property. (v) Phase Liquidated Damages. For Phase I, $609,511 plus any unreimbursed Condemnation Expenses for that Phase x [the number of uncompleted Phase I Units _ 88]; for Phase II, $380,015 plus any unreimbursed Condemnation Expenses for that Phase x [the number of uncompleted Phase II Units - 58]; and for Phase III, $507,286 plus any unreimbursed Condemnation Expenses for that Phase x [the number of uncompleted Phase III Units- 84]. 3 (w) Pro e . The real property which is a part of the TIF District and which is legally described in Exhibit A attached hereto to include the Phase I Property, the Phase II Property and the Phase III Property. (x) Public Development Costs. The costs of road and other public improvements for Silver Bell and Cedar Grove Parkway known as Project 800R and Project 759R allocable to the Property. (y) Qualifying Costs. Those Acquisition and Relocation Costs and Public Development Costs which satisfy the requirements of Minnesota Statutes, Section 469.176, Subd. 4(j). (z) Redevelopment Plan. The Redevelopment Plan for the Cedar Grove Redevelopment Project Area, as amended from time to time. (aa) Subordinate Mortgage. The Subordinate Mortgage in the form of Exhibit D hereto to be executed upon the Commencement Date of each Phase. (bb) Substantial Completion or Substantially Complete. Completion of construction of a Unit or Units, except for interior finish. (cc) Tax Increment Financing District (TIF District). Tax Increment Financing District No. I created by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and described in the TIF Plan adopted therefor. (dd) Tax Increment Financing PL lan (TIF Plan). The plan for development of the TIF District adopted by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and approved by a resolution of the City Council adopted October 2, 2001. (ee) Unit. A townhome or village home constructed on the Property in accordance with the Housing Plan Documents. (ff) Other Terms. Terms defined in other sections of this agreement have the meanings given them. Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: 4 aqo A. Legal Description of Property B. Certificate of Completion. C. Housing Plan Documents. D. Subordinate Mortgage. E. Partial Release. F. City Fees and City Assessments. Section 1.3 Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota. (b) The words "herein" and "hereof " and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II. REPRESENTATIONS AND COVENANTS Section 2.1 By the Developer. The Developer makes the following representations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement. (b) The Developer has the necessary commitments for the financial resources for acquisition of the Property and construction of the Improvements for Phase I and, if marketing goals and certain other conditions are met for prior Phases, acquisition of the Phase II Property and Phase III Property and construction of the Improvements for Phase II and Phase III. (c) The Developer will, to the extent required by this Agreement, demolish the buildings and other improvements on the Property and will construct the Improvements in accordance with the terms of this Agreement, the TIF Plan and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site 5 aqi improvements, utilities, parking facilities, or landscaping improvements which are necessary in connection with the construction and operation of the Improvements. (d) The Development is comprised of uses permitted under the ordinances of the City and is in conformity with the TIF Plan and the Redevelopment Plan. (e) At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental laws and regulations, will have obtained any and all necessary environmental reviews, licenses or clearances under, and will be in compliance with the requirements of the National Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and other applicable environmental laws. (f) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed. (g) The estimated Qualifying Costs relating to the Development are at least $1,800,000. Section 2.2 By the EDA. The EDA makes the following representations as the basis for the undertaking on its part herein contained: (a) The EDA is authorized by law to enter into this Agreement and to carry out its obligations hereunder. (b) The Property is zoned for purposes which include the Development as proposed. (c) The EDA has duly established the Redevelopment Plan pursuant to Minnesota Statutes Sections 469.001 through 469.047 and has created TIF District No. 1 pursuant to Minnesota Statutes Sections 469.174 through 469.179. (d) The EDA's primary objective is to redevelop the Property and provide housing and not to create employment opportunities. Section 2.3 By the City. The City makes the following representations: (a) The City Fees and City Assessments applicable to the Improvements for each Phase do not and will not exceed the amounts specified in Exhibit F. (b) The City is authorized by law to enter into this agreement and to carry out its obligations hereunder. 6 ARTICLE III. CONSTRUCTION OF IMPROVEMENTS; PUBLIC IMPROVEMENTS; OTHER DEVELOPER OBLIGATIONS Section 3.1 Construction of Improvements. The Developer expects to complete the Development in three phases. Phase I shall contain 88 Units, Phase II shall contain 58 Units and Phase III shall contain 84 Units. The Developer agrees that it will construct Improvements on the Property only in accordance with the Housing Plans. Housing Plans for the Improvements shall be subject to approval by the City. Section 3.2 Completion of Construction. The Developer shall Substantially Complete 90% of the Phase I Units prior to December 31, 2005, (ii) Substantially Complete 90% of the Phase II Units, prior to December 31, 2006 and (iii) Substantially Complete 90% of the Phase III Units prior to December 31, 2007; provided that if the EDA is to acquire any Property for the Phase pursuant to Section 3.6, each of the foregoing dates shall be extended to a date which is 30 months following the date the EDA obtains title to all parcels of property in the Phase which is to be acquired by that method. All construction shall be in conformity with the approved Housing Plans. Periodically during construction, but at intervals of not less than 30 days, the Developer shall make reports in such detail as may reasonably be requested by the EDA concerning the actual progress of construction. Section 3.3. The Subsidy. The City has commenced construction of local improvements under Minnesota Statutes, Chapter 429, known as Project 800R and 759R, consisting of road and other public improvements for Silver Bell Road and Cedar Grove Parkway which are being constructed at a presently estimated cost of approximately $10 million, a portion of which is to be assessed against benefitted property in the TIF District as the property is developed. Project 800R and Project 759R have been determined to be necessary to the redevelopment of the TIF District, including the Property. In consideration of Qualifying Costs to be paid by the Developer, the EDA shall provide subsidies to the Developer hereunder by payment, reimbursement or release from the amount of the City Assessments and City Fees as shown on Exhibit F for each Phase and Condemnation Expenses for each Phase. Upon the Commencement Date of each Phase and execution and delivery of the Subordinate Mortgage described in Section 3.4, the EDA and City shall make reimbursement payments to the Developer or release the Property in that Phase from the levy or collection of the City Assessments and City Fees for that Phase. Section 3.4 Subordinate Mortgage. Upon each payment or release of the City Assessments and City Fees made pursuant to Section 3.3 for each Phase, the Developer shall execute and deliver to the EDA a Subordinate Mortgage in the form of Exhibit D to secure the Developer's nonrecourse obligation to complete that Phase and pay any Phase Liquidated Damages. Upon Substantial Completion of each Unit in that Phase the EDA shall, at the request of the Developer, execute a Partial Release of the real property on which such Unit is located as described in Exhibit E. 7 a Section 3.5 Certificate of Completion; Payment of Subsidy. Promptly after notification by the Developer of the Substantial Completion of a Phase, the EDA shall inspect the construction to determine whether it has been Substantially Completed in accordance with the terms of this Agreement. In the event that the EDA determines that all Units of a Phase have been Substantially Completed in accordance with the Housing Plans and applicable regulations, the EDA shall furnish the Developer with a Certificate of Completion for that Phase as described in Exhibit B. Such certification by the EDA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer to construct Units for that Phase. Section 3.6 Property Acquisition. Prior to the commencement of each Phase the Developer shall identify the parcels within the Phase it has acquired (the "Developer's Parcels") and the additional parcels necessary to be acquired for the Phase (the "Other Parcels"). With respect to the Other Parcels, the EDA may at its option either (a) authorize all or any designated Other Parcels to be acquired by the Dakota County Housing and Redevelopment Authority as its agent or (b) directly acquire such other Parcels by negotiation or condemnation; provided, however, that (i) the EDA shall have no obligation to purchase or pay for any of the Other Parcels until the Developer has delivered the Letter of Credit to the EDA pursuant to Section 3.8 hereof, (ii) the EDA shall have no obligation to exercise its powers of condemnation until the exercise thereof is approved following a public hearing pursuant to Minnesota Statutes, Section 469.012, Subd. 1(6), and (iii) the EDA shall have no obligation to exercise its powers of condemnation if, in the opinion of the EDA's financial consultant, the anticipated cost renders the Phase financial unfeasible. If the EDA acquires any of the Other Parcels, the Developer shall make a cash reimbursement to the EDA for the actual direct cost of such acquisition and all related costs, except Condemnation Expenses, no later than the closing date of such purchase. In lieu of the acquisition by the EDA of the Developer's Parcels and reconveyance by the EDA of the Developer's Parcels to the Developer, the Developer shall at its expense acquire good and marketable title to the Developer's Parcels from the existing owners. Any of the Other Parcels acquired by or on behalf of the EDA shall be conveyed to the Developer by quit claim deed. The EDA makes no representation or warranty as to the status of title to the Property or as to the suitability of the Property for the Developer's purposes. At the request of the Developer the EDA shall terminate the condemnation process for any parcel and, in that event, the Developer shall reimburse the EDA for any Condemnation Expenses and other costs and fees for which the EDA may be responsible as a result of such termination. During the condemnation process the EDA shall consult with the Developer on such matters as the selection of appraisers, settlements and appeals. Section 3.7 Demolition. Within 60 days after the acquisition of any parcel of Property, the Developer shall commence demolition of all the buildings and other improvements thereon and proceed to complete the demolition with due diligence. Any demolition costs paid by the Developer or EDA with respect to the Property shall be deemed an Acquisition and Relocation Cost hereunder. 8 Section 3.8 Relocation. The EDA shall pay any relocation costs required to be paid by the EDA under Chapter 117, Minnesota Statutes, or any other law with respect to the Other Parcels. Any relocation costs paid by or on behalf of the EDA or Developer shall be considered an Acquisition and Relocation Cost hereunder. Section 3.9 Letter of Credit. As security for its obligations under Sections 3.6, 3.7 and 3.8 hereof, the Developer shall deliver to the EDA for each Phase a Letter of. Credit issued by a bank acceptable to the EDA. The Letter of Credit at all times shall be in an amount equal to at least the actual amount of unreimbursed Acquisition and Relocation Costs paid, incurred or reasonably estimated by the EDA to be incurred by the EDA and City hereunder for that Phase and shall otherwise be in a form acceptable to the EDA. Upon each reimbursement of the EDA in accordance with Sections 3.6, 3.7 and 3.8, the amount of the Letter of Credit may be reduced by a corresponding amount. Upon the issuance of the Certificate of Completion for each Phase, the EDA shall return the Letter of Credit to the Developer. The EDA may draw on the Letter of Credit for that Phase on the earlier of (i) 20 days prior to its expiration date, or (ii) the occurrence of an Event of Default hereunder. Section 3.10 Assessments. Except as limited by Section 3.3 hereof, the City may assess all or any portion of the Property and other benefited properties pursuant to Minnesota Statutes, Chapter 429, for that portion, if any, of the cost of the public improvements which may be lawfully assessed against such property. The parties agree that no other provision of this Agreement shall limit the right of the City to assess the Property for their respective lawful share of the assessable costs of such public improvements. In addition, the property owners shall pay the cost of usual charges for water and sewer utility service for the Property. The City and EDA represent that there are no existing plans for future improvements under Minnesota Statutes, Chapter 429, affecting the Property. Section 3.11 Reimbursement of City. The released City Assessments and City Fees represent an advance by the City to the EDA for the payment of Qualifying Costs, whether or not such City Assessments and City Fees meet the definition of Qualifying Costs. The EDA shall reimburse the City for the amount of such City Assessments and City Fees from the proceeds of obligations it may issue or from future collections tax increment from the TIF District with interest and at such times as the EDA and City shall mutually determine. ARTICLE IV. LIMITATION UPON ENCUMBRANCE; PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER, SUBORDINATION Section 4.1 Limitation Upon Encumbrance of Development. Prior to the issuance of the Certificate of Completion for a Unit, neither the Developer nor any successor in interest to the Property or any part thereof other then the purchaser of a Unit, shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon that Unit, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Property other than the liens or encumbrances attached 9 a4- for the purposes of obtaining funds to the extent necessary for acquiring the Property and making the Improvements and such additional funds, if any, in an amount not to exceed the costs of developing the project without the prior written approval of the EDA. The EDA shall not approve any Mortgage which does not contain terms which conform to the terms of this Article IV of this Agreement. Section 4.2 Representation as to Development. The Developer represents and agrees that its undertakings pursuant to the Agreement are for the purpose of implementation of the Development and not for speculation in landholding. The Developer further recognizes that, in view of the importance of the Development to the general welfare of the EDA and the substantial financing and other public aids that have been made available by the EDA and the EDA for the purpose of making the Development possible, the qualifications and identity of the Developer are of particular concern to the EDA. The Developer further recognizes that it is because of such qualifications and identity that the EDA is entering into this Agreement, and, in so doing, is further willing to rely on the representations and undertakings of the Developer for the faithful performance of all undertakings and covenants agreed by Developer to be performed. Section 4.3 Prohibition Against Transfer of Property and Assignment of Agreement. For the reasons set out in Section 4.2 of this Agreement, the Developer represents and agrees that, prior to the completion of the Improvement as certified by the EDA: (a) Except only (i) sales of completed Units, (ii) transfers to an entity effectively controlled by the Developer which has assumed by written instrument satisfactory to the EDA all of the Developer's obligations hereunder and (iii) transfers or encumbrances for the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to the Development under this Agreement, and any other purpose authorized by this Agreement, the Developer, except as so authorized, has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the EDA; and (b) The EDA shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval under this Section 4.3 that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the EDA, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer, or, in the event the transfer is of or relates to part of the Development, such obligations to the extent that they relate to such part. (ii) Any proposed transferee, by instrument in writing satisfactory to the EDA and in form recordable among the land records, shall for itself and its successors and assigns, and specifically for the benefit of the EDA, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to such obligations, restrictions and conditions or, in the event the transfer is, of, or relates to part of the Development, such obligations, conditions, and 10 o restrictions to the extent that they relate to such part; provided, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development or any part thereof, shall, for whatever reason, not have assumed such obligations or agreed to do so, shall not, unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the EDA, relieve or except such transferee or successor from such obligations, conditions, or restrictions, or deprive or limit the EDA of or with respect to any rights or remedies or controls with respect to the Development or the construction of the Improvements; it being the intent of this Section 4.3, together with other provisions of this Agreement, that to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement no transfer of, or change with respect to, ownership in the Development or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the EDA, of any rights or remedies or controls provided in or resulting from this Agreement with respect to the Development and the construction of the Improvements that the EDA would have had, had there been no such transfer or change. (iii) There shall be submitted to the EDA for review all instruments and other legal documents involved in effecting transfers described herein, and, if approved by the EDA, its approval shall be indicated to the Developer in writing. In the absence of specific written agreement by the EDA to the contrary, no such transfer or approval by the EDA thereof shall be deemed to relieve the Developer from any of its obligations with respect thereto. Section 4.4 Approvals. Any approval required to be given by the EDA under this Article IV may be denied only in the event that the EDA reasonably determines that the ability of the Developer to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. Section 4.5 Subordination and Modification for the Benefit of Mortgagees. (a) In order to facilitate the obtaining of financing for acquisition of the Property and the construction of the Improvements by the Developer, the EDA agrees to subordinate its rights under this Agreement to the holder of any mortgage entered into for the purpose of obtaining such financing. (b) In order to facilitate the obtaining of financing for the construction of the Improvements, the EDA agrees that it shall agree to any reasonable modification of this Article IV or waiver of its rights hereunder to accommodate the interests of the holder of the mortgage, provided, however, that the EDA determine, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the EDA with respect to the Development. 11 941 ARTICLE V. EVENTS OF DEFAULT Section 5.1 Events of Default Defined. The following shall be deemed Events of Default under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: (a) Failure of the Developer to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of Sections 3.1 and 3.2 hereof; (b) Failure by the Developer to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder; (c) If the Developer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Development; (d) If the Developer shall file a petition under the federal bankruptcy laws; or (e) If the Developer, on a petition in bankruptcy filed against it, be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing, without the consent of the Developer, a receiver of the Developer or of the whole or substantially all of its property, or approve a petition filed against the Developer seeking reorganization or arrangement of the Developer under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within 60 days from the date of entry thereof. Section 5.2 Remedies on Default. Whenever any Event of Default occurs, the EDA and the City may, in addition to any other remedies or rights given the EDA and the City under this Agreement but only after the Developer's failure to cure within 30 days of written notice of default, take any one or more of the following actions: (a) suspend their performance under this Agreement until they receive assurances from the Developer, deemed reasonably adequate by the EDA and the City, that the Developer will cure its default and continue its performance under this Agreement; (b) terminate this Agreement; (c) if the Event of Default is based on the failure to reimburse the EDA for Acquisition and Relocation Costs under Sections 3.6, 3.7 and 3.8, draw on the Letter of Credit; 12 (d) if the Event of Default is based on the failure of the Developer to substantially complete a Phase within the time prescribed for completion of the Phase under Section 3.2, the EDA shall be entitled to receive as liquidated damages the Phase Liquidated Damages applicable to that Phase and, upon failure of the Developer to pay the same, foreclose the Subordinated Mortgage without recourse to the Developer; or; (e) except in the case of a failure to pay Phase Liquidated Damages, for which the sole remedy is foreclosure of the Subordinate Mortgage, take whatever action at law or in equity may appear necessary or desirable to the EDA or the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 5.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the EDA and City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the EDA, the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article V. Section 5.4 No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE VI. ADDITIONAL PROVISIONS Section 6.1 Conflicts of Interest; Representatives Not Individually Liable. No EDA or City officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. No member, official, or employee of the EDA or City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the EDA or City or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. Section 6.2 Non-Discrimination. The provisions of Minnesota Statutes, Section 181.59, which relate to civil rights and non-discrimination, shall be considered a part of this Agreement and binding on the Developer as though fully set forth herein. 13 &Lq Section 6.3 Notice of Status and Conformance. At such time as all of the provisions of this Agreement have been fully performed by the Developer, the EDA upon not less than ten days prior written notice by Developer, agrees to execute, acknowledge and deliver to Developer or to any person designated by Developer a statement in writing in recordable form certifying the extent to which this Agreement has been fully performed and the obligations hereunder fully satisfied. Section 6.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by mail, postage prepaid, return receipt requested or delivered personally: (a) As to the EDA: Executive Director Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122 (b) As to the City: City Administrator 3830 Pilot Knob Road Eagan, MN 55122 CO As to the Developer: Delta Development, Inc. 3902 Cedarwale Drive Eagan, MN 55122 Attention: Mark Parranto or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 6.4. Section 6.5 Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. 14 asb IN WITNESS WHEREOF, the EDA has caused this Agreement to be duly executed in their names and behalf and the Developer has caused this Agreement to be duly executed as of the day and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By President And By Executive Director DELTA DEVELOPMENT, INC. Its President CITY OF EAGAN By Mayor And By City Clerk 15 o?) STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of by and the President and Executive Director of the Eagan Economic Development Authority, a municipal corporation under the laws of the State of Minnesota, on behalf of the Economic Development Authority. Notary Public 16 STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by , the President of DELTA DEVELOPMENT, INC., a Minnesota corporation, on behalf of said corporation. Notary Public 17 STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of by and the Mayor and City Clerk of the City of Eagan, a municipal corporation under the laws of the State of Minnesota. Notary Public M 1:794888.05 18 EXHIBIT A DESCRIPTION OF PROPERTY A-1 ass EXHIBIT B CERTIFICATE OF COMPLETION The undersigned hereby certifies that Delta Development, Inc. has fully and completely complied with its obligations for Phase - under Article III of that document entitled "Development Agreement," dated between the Eagan Economic Development Authority, the City of Eagan and Delta Development, Inc. with respect to construction of the Improvements in accordance with the approved construction plans and is released and forever discharged from his obligations to construct under such above-referenced Article. DATED: ECONOMIC DEVELOPMENT AUTHORITY By: Its Executive Director B-I a5Le EXHIBIT C Housing Plan Documents The Housing Plans consist of C-1 EXHIBIT D SUBORDINATED MORTGAGE AGREEMENT MORTGAGE REGISTRY TAX DUE HEREON: $ THIS MORTGAGE AGREEMENT (this "Mortgage") is made this day of , 200, between Delta Development, Inc., a corporation under the laws of Minnesota ("Mortgagor"), and Eagan Economic Development Authority, a public body corporate and politic under the laws of Minnesota "(Mortgagee"). RECITALS A. Mortgagor and Mortgagee have entered into a Development Agreement dated as of (the "Development Agreement") for the development of certain property, including the property described in Exhibit A. B. Mortgagee has required that this Mortgage be given to secure the obligations of the Mortgagor with respect to Phase - under the Development Agreement and the payment of Phase Liquidated Damages, as defined in the Development Agreement, in the maximum amount of $ , subject to reduction as provided in the Development Agreement. AGREEMENT Now therefore, for valuable consideration, the receipt of which is hereby acknowledged, Mortgagor agrees as follows: 1. Grant of Mortgage. Mortgagor hereby mortgages to Mortgagee all of Mortgagor's right, title and interest in and to the land legally described on Exhibit A attached hereto, together with all improvements now or hereafter constructed thereon and all hereditaments and appurtenances belonging thereto (the "Property"), to have and to hold the same, unto Mortgagee, forever. Mortgagor represents to Mortgagee that Mortgagor has good right to convey the Property as set forth in this Mortgage. 2. Term. This Mortgage shall have a maturity date of, and term ending on , D-1 `B 3. Mortgagor Covenant. Mortgagor covenants with Mortgagee that, except as provided in Sections 7 and 8 below, Mortgagee may enforce this Mortgage against the Property if Mortgagee does not receive the amounts, as may become due to Mortgagee as Phase Liquidated Damages under the Development Agreement in the maximum amount of 4. Mortgagee Remedies. In case Mortgagee does not receive the amounts due to it described in Section 3 hereof, Mortgagor (a) confers upon the Mortgagee the option of declaring all such amounts to be immediately due and payable upon ten (10) days' written notice, and (b) authorizes and empowers Mortgagee, if such amounts are not paid within such ten (10) day period, to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest, and all legal costs and charges of such foreclosure and the maximum attorney's fees permitted by law. 5. Nonrecourse Obligation. Notwithstanding any provision apparently to the contrary contained in this Mortgage, (a) there shall be absolutely no personal liability on the part of Mortgagor (or any of its respective officers, directors, members, employees or agents) for payment of any amount to Mortgagee under this Mortgage, and (b) Mortgagee shall look solely to enforcing its rights under this Mortgage in the event of any failure to pay to Mortgagee any amounts due under this Mortgage. 6. Binding Effect. The terms of this Mortgage shall run with the Property and bind the parties hereto and their successors in interest. 7. Mortgage is Subordinate. Mortgagee agrees that this Mortgage is and shall at all times be and remain subject and subordinate to each and every past, present and future mortgage lien on the Property which is permitted by the Development Agreement with the same effect as if this Mortgage was executed, delivered and recorded after each such mortgage. Mortgagee agrees upon request to execute such further documents and instruments as may reasonably be requested by the holder of any mortgage lien to confirm such subordination. 8. Business Subsidy Act. The Mortgagee has determined and the Mortgagor has agreed that the loan secured by this Mortgage is not a "business subsidy" under Minn. Stat. Section 1167.993, subd. 3 (4). D-2 as9 IN WITNESS WHEREOF, the parties hereto have caused this Mortgage to be signed on their behalf by authorized representatives as of the date first above written. DELTA DEVELOPMENT, INC., a Minnesota corporation By: Its: President STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , by , the of Delta Development, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public D-3 QD EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me this day of , by , the Executive Director of the Eagan Economic Development Authority, a Minnesota public body corporate and politic, on behalf of the public body. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Faegre & Benson LLP (SCR) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Phone: (612) 766-7000 [SIGNATURE PAGE TO MORTGAGE AGREEMENT] D-4 aLQ) EXHIBIT A Legal Description of the Property D-5 aLgQ? EXHIBIT E PARTIAL RELEASE OF MORTGAGE (By Municipal Corporation) Based on Minnesota Uniform Conveyancing Blanks (Rev. 10-3-86) Date: FOR VALUABLE CONSIDERATION, the real property in Dakota County, Minnesota, legally described as follows: See Exhibit A attached hereto is hereby released from the lien of the Mortgage, owned by the undersigned, dated executed by Delta Development, Inc., a Minnesota corporation, as Mortgagor, to Eagan Economic Development Authority, a political subdivision of the State of Minnesota, as Mortgagee, and filed for record , as Document Number , in the Office of the County Recorder of Dakota County, Minnesota. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By Name Its Executive Director E-1 ads STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , , by , the Executive Director of the Eagan Economic Development Authority, a political subdivision and municipal corporation under the laws of Minnesota, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) FAEGRE & BENSON LLP (SCR) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Phone: 612-766-7000 SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) ae4 EXHIBIT F Costs Phase I Phase II Phase III Total City Assessments 800R $422,664 $214,403 $285,824 $922,891 759R 47,015 19,210 76,870 143,095 City Fees Trunk Utility 0 50,522 0 50,522 Parks 123,728 84,321 126,272 334,321 Trails 16,104 11,559 18,32 45,983 Water Quality 0 0 0 0 Total $609,511 $380,015 $507,286 $1,496,812 MI :794888.05 F-1 Agenda Information Memo December 2, 2002 Eagan City Council Meeting C. GIFT OF MARY WETLANDS REPLACEMENT PLAN ACTION TO BE CONSIDERED: Make a decision on the proposed wetland replacement plan application by Sharing and Caring Hands for the Gift of Mary Children's Home development. FACTS: On May 13, 2002, Sharing and Caring Hands submitted an initial application to the City for a wetland replacement plan for its Gift of Mary Children's Home project. That proposal included filling all or portions of 5 wetlands for a total of approximately 0.6 acres of wetlands impact and replacing that with at least the required 1.2 acres of replacement wetland. A wetland technical evaluation panel (TEP) process was begun on June 3, 2002 to make findings and recommendations to the City on the proposed wetland replacement plan. The TEP was comprised of wetland staffs of the Board of Water and Soil Resources, Dakota County Soil and Water Conservation District, and the City of Eagan. As the local government unit that implements state Wetland Conservation Act rules, the City of Eagan must consider and include TEP recommendations in its approval or denial of wetland replacement plans. Over a 6-month period, the TEP reviewed supplemental information to the initial wetland replacement plan provided by the developer. On November 14, 2002, the TEP issued its final Findings of Fact on a revised proposed wetland replacement plan. The TEP concluded that all previous issues have been adequately addressed and that the revised proposed plan impacts only 0.2 acres of wetland (a 64 percent reduction) and replaces that with at least the required 0.4 acres of replacement wetland. The TEP determined that all state requirements have been met and "unanimously recommends the City Council [to] approve the wetland replacement plan as revised and supplemented." Agenda Information Memo December 2, 2002, Eagan City Council D. CONDITION MODIFICATION - GIFT OF MARY ACTION TO BE CONSIDERED: To approve a modification to the conditions of Preliminary Planned Development approval for the Gift of Mary project located north of Hwy. 55 and south of Lone Oak Road adjacent to the Inver Grove Heights border, in the NE '/4 of Section 12. FACTS: • The City Council approved a Preliminary Planned Development for this development on June 4, 2002, • Gift of Mary is requesting that condition #10 be modified as follows: If any improvements are to be installed under a City contract, the appropriate project must be approved Eby Council action prior to final plat approval. Any such public improvement projects must be awarded prior to issuance of any certificates of occupancy. A public hearing is scheduled or December 17, 2002, to receive the feasibility reports for the public improvement projects associated with this development, at which time the public improvement projects may be approved by the Council. However, if approved, awarding of the contracts would not occur until 2003. Gift of Mary is seeking final plat approval prior to awarding of the public improvement contracts. Gift of Mary anticipates that their construction will commence ahead of City and County improvements, and requests that the award of contracts for the petitioned improvements be required prior to certificates of occupancy. They assert that allowing the final plat to proceed without prior awarding of public improvement contracts will avoid the City having to acquire additional short-term easements prior to right-of-way dedications along Lone Oak Road, and thus, will minimize costs of the off-site improvements. • Gift of Mary is requesting that condition #43 be modified as follows: ... Minimum setbacks between the residential structures shall not be less than 20 ten 10 feet. In refining the development plans for the Final Planned Development, the orientation of some of the residences is such that a full 20 feet is not maintained between all of the buildings. Gift of Mary is proposing a minimum distance between homes of 10 feet. Because the buildings are set inside a loop road, the buildings are not all parallel to each other and corners of the some of the buildings are 10 - 15 feet apart so only a portion of the structures are less than the 20 feet apart. In two instances, adjacent buildings are 10 - 20 feet apart for their entire depth. ATTACHMENTS: Location Map, page w Pry ?ele DL4 _a*7 i aC7 O Eagan Boundary 3tro*t Cent.rlin. L ti M Parcel Area oca on ap 1 Building Footprint t S I I N t VL7 i?F ll - k- ca 0 2 go %t= Subject Ica o o a Site ti ,? v7 oC o ? t • z _ y ti y 4 - 7- F7F- F 1000 0 1000 2000 Feet Development/Developer. Gift of Mary Children's Home Application: Rezoning and Preliminary Planned Development Case No.: 12-RZ-04-04-02 and 12-PD-03-0402 4a) Map Prepared using ERSI ArcV.w 3.1. Parcel bass map data provided by Dakota County Land Surrey D.parm, nt and is current as of March 2002. N City of Eagan / THIS MAP IS INTENDED FOR REFERENCE USE ONLY N E r The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 Co-unity Develop.n..t D.partnent not responsible for errors or omissions. Press Release City of Eagan November 27, 2002 Contact: Tom Garrison Director of Communications Office (651) 681-4377 Pager (651) 610-0046 tciarrison@citvofeacan.com Wetlands Panel Recommends Approval; Next Steps Outlined on Mary Jo Copeland/Gift of Mary Project (Eagan, MN) A three-member technical evaluation panel (TEP) that advises the City of Eagan on wetlands issues has unanimously recommended approval of a revised development plan submitted by Mary Jo Copeland and the developers of a children's group home in Eagan. The panel has recommended that the Eagan City Council accept the Copeland's wetland replacement application when it meets December 2. The panel concluded that the revised development plan impacts only .22 acres of wetlands, down from .61 acres in the original plan submitted last June, a 64% reduction. The Wetland Conservation Act requires that the developers have a replacement plan for any affected wetlands on the 35.5 acre site. "The process worked and we ended up with a better site plan with fewer impacts," says Eric Macbeth, Eagan Water Resources Coordinator, and member of the evaluation panel. "The Technical Evaluation Panel determined that the revised plan meets state requirements and replacement standards." Gift of Mary Project Update Page 2 Preliminary approval was granted by the Eagan City Council in June for a school and community center and 20 cottage-style homes that combined would house up to 200 children at the Gift of Mary Children's Home. 48 conditions were placed on the development by the city, including requiring a plan to replace trees that will be removed during construction, responding to on-site parking concerns, and the installation of a service road. In Gift of Mary's revised plan, the developer says the size of the school/community center has been reduced to slightly more than 87,000 square feet, tree removals have been reduced, and an entry drive has been relocated to the west to align with future development across Lone Oak Road . Final development plans are currently being reviewed by City staff for compliance with the Preliminary Planned Development approval, City ordinances, and other applicable regulations. The City Council is anticipated to consider final project approvals at two regularly scheduled meetings in December. The wetlands mitigation plan and a request to modify two of the development conditions will be discussed on December 2. The requested modifications have to do with reducing the minimum distances between some of the Gift of Mary residences to fit on a circular drive and a word change that would allow final project approvals in advance of awarding public utility and road contracts. On December 17, the $265,000 cost of extending utilities to the site and building a frontage road will be discussed, including what portion Gift of Mary, the City and nearby property owners should pay. After that issue is resolved, the Council is scheduled to consider approval of the final plat and development plans. Q7D Gift of Mary Project Update Page 3 Affected property owners will be given notice of a public hearing. Note: Pending final development approval-a formality under state law if all conditions are met-construction is not expected to begin until spring or summer 2004. In addition to raising some $60 million to fund the project, there are a number of other steps the Gift of Mary Home might need to complete before it could operate. These may include negotiating a host county contract from Dakota County or another sponsoring county, filing and getting approval for an educational plan approved by the Minnesota Department of Children, Families and Learning, a Health Department license for board and lodging, and obtaining a group home/Rule 8 license from the Minnesota Department of Human Services. Reporters interested in more information on those aspects should inquire with the departments listed below. Other contacts: Walter Rockenstein, Faegre & Benson, (Copeland project attorney) (612) 766-7028 Dave Rooney, Director of Community Services, Dakota County (651) 450-2742 Jerry Kerber, Licensing Division, Department of Human Services (651) 296-4473 Cecilia Dodge, Department of Children, Families, and Learning (651) 582-8264 Location: The site for the proposed children's home is bordered by Lone Oak Road on the north, Highway 55 on the south and Inver Grove Heights on the east. a? i Agenda Information Memo December 2, 2002 Eagan City Council Meeting OLD BUSINESS E. PROJECT 884, BORCHERT LANE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report by the City Engineer for Project 884 (Borchert Lane - Street Improvements). FACTS: On November 5, 2002 city engineering staff received a request from the Parks Department requesting an investigation of the costs associated with upgrading to City standards the unimproved portion of Borchert Lane from Mike Collins Drive to the planned "North Fields" property in northeast Eagan. Borchert Lane is currently a 700' long rural section gravel roadway within public right-of-way that is minimally maintained by City crews. With the planned improvements to the North Fields property, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. Agenda Information Memo December 2, 2002, Eagan City Council Meeting VII. NEW BUSINESS A. A PLANNED DEVELOPMENT AMENDMENT- PEANUT'S PLACE ACTIONS TO BE CONSIDERED: To approve a Planned Development Amendment to allow a dog day care in an existing shopping center located at 1248 Town Center Drive; subject to the conditions listed in the Advisory Planning Commission Minutes. FACTS: • The daycare is proposed to care for 30-35 dogs. • There will be about 2,500 square feet of open play area in the 3,000 square foot leased space. • The rear of the lot will have a fenced in bathroom area with a canopy and a six foot high slated chain link fence. The area will have sand and pea gravel surfacing. • The hours of operation are proposed from 7 a.m. to 7 p.m. Monday through Friday and an occasional weekend depending on demand. • No overnight boarding is proposed. • A kennel license is required. • A public Hearing was held at the Advisory Planning Commission meeting on November 26, 2002. • Section 10.11 Subdivision 6 addresses pet nuisances and regulates noise and clean up. ATTACHMENTS (2): 11/26/02 Advisory Planning Commission minutes pages thWug Planning staff report pagesA)--), througlC2 a72) City of Eagan DRAFT Advisory Planning Commission Meeting November 26, 2002 Page 4 B. PLANNED DEVELOPMENT AMENDMENT - PEANUT'S PLACE A Planned Development Amendment to allow a weekday dog daycare on Lot 4, Block 1, Town Centre 100 Sixth Addition, located at 1248 Town Centre Drive in the NW '/4 of Section 15. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated November 13, 2002. She noted the background and history. She mentioned a letter received by the Dakota County Community Development Agency stated concern for adequate space for pet exercise and proper animal waste removal and disposal. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Co-owners and Applicants explained the nature of the business and the need for the facility. They stated flexibility for the cleaning schedule and discussed the approximate daily rate of $25.00 per pet. The Advisory Planning Commission discussed the issue of waste removal and sanitization. Member Kaess stated faith in the applicant's discretion on waste removal and sanitization. Member Gladhill stated disagreement with Member Kaess and explained the importance of indicating a cleaning schedule. Chair Huusko suggested modifying condition number six to require cleaning and sanitization once daily. Senior Planner Mike Ridley suggested amending condition number six to require cleaning twice a day, and sanitization once daily. Member Nosbush moved, Member Steininger seconded a motion to approve a Planned Development Amendment to allow a weekday dog daycare on Lot 4, Block 1, Town Centre 100 Sixth Addition, located at 1248 Town Centre Drive in the NW '/4 of Section 15 subject to the following conditions as amended: 1. Inspection by Animal Control officer, Kathleen Gilbertson, prior to opening. 2. The Planned Development Agreement must be signed and recorded prior to issuance of a building permit. 3. Maintain a current kennel license. 4. All signage is subject to City Code requirements. 5. The fenced area behind the building shall be covered by a canvass awning that is an earth tone color that will be complementary to the Town Centre Shoppes building. 6. Designated bathroom area shall be cleaned twice daily and sanitized once daily. 7. Overnight boarding of animals is prohibited. 8. Hours of operation are limited to 7:00 am to 7:00 pm. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 13, 2002 APPLICANT: Roberta Venaglia PROPERTY OWNER: MFC Properties REQUEST: Planned Development Amendment LOCATION: 1248 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 15-PA-10-10-02 HEARING DATE: November 26, 2002 APPLICATION DATE: October 30, 2002 PREPARED BY: Sheila O'Bryan Peanut's Place is requesting a Planned Development Amendment for a dog daycare located in the Town Centre Shops; Lot 4, Block 1, Town Centre 100 6th Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Town Centre Shops were built in 1988. The portion of the site in question is located at 1248 Town Centre Drive is zoned PD, Planned Development and have uses based on the CSC, Community Shopping Centre zoning district. Dog daycare is not a use specifically listed in the Zoning Ordinance or in the original PD agreement dated June 6, 1985. a7s Planning Report - Peanut's Place November 26, 2002 Page 2 EXISTING CONDITIONS Town Centre Shops is a typical strip retail center located off Town Centre Drive and Denmark Avenue. The proposed space for the dog daycare is at the northeast corner of the shops in a 3,000 square foot space. Currently that space is leased by a dog training facility next to Chuck and Don's Pet Food Warehouse. Parking was approved with the original PD and is located in front of the stores; there is no parking to the rear. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Office PD, Planned SA, Special Area Development Northeast Movie Theater PD, Planned SA, Special Area Development Southeast Office PD, Planned SA, Special Area Development West Shopping Center PD, Planned SA, Special Area Development EVALUATION OF REQUEST The proposed dog day care is proposed to occupy about 3,000 square feet of existing tenant space. Out of the 3,000 square feet 2,500 square feet is designated as the community play area for the dogs to socialize. The hours of operation are proposed from 7:00 am to 7:00 pm Monday through Friday with additional weekend hours upon demand. The daycare is prepared to accommodate 30 to 35 dogs at one time. Besides daycare the applicant proposes to offer grooming services and personalized dog gift items, such as pictures and frames with their dog's paw print on them. Bathroom breaks are scheduled and split up between the dogs in a designated area. The bathroom area is a proposed 16'3" X 8'3" (about 134 square feet) fenced in area to the rear of the building. The area will be fenced in with a six foot slatted chain link fence and a canopy over the top. There will be four inches of sand covered by four inches of pea gravel in the fenced area. The area will be cleaned as necessary and will be sprayed every night with a diluted bleach and water compound with a garden-variety weed sprayer. The fenced area will have a fixed vinyl canopy attached to a fixed frame which will be installed by an awning supplier. According to the applicant, this daycare service is in demand. This is a unique use that appears complementary to the neighboring pet food store. Since the dogs will be dropped off and picked up, the established parking for the center is adequate. The hours of operation seem reasonable. a7Lo Planning Report - Peanut's Place November 26, 2002 Pave 3 Since this use is not specifically listed in the Zoning Code, it is up to City Officials to deem the proposal as a similar and appropriate use in the Town Centre Shops. SUMMARY/CONCLUSION The applicant has requested a PD amendment to allow a dog day care in a space located in the northwest corner of the Town Centre shops. The daycare will occupy about 3,000 square feet of the building with a 16'3"X8'3" (about 134 square feet) enclosed area to the rear of the center for bathroom breaks. The hours of operation are proposed from 7:00 am to 7:00 pm Monday through Friday, with possible weekends depending on demand. ACTION TO BE CONSIDERED To recommend approval of a Planned Development amendment for a dog daycare. If approved the following conditions shall apply: 1. Inspection by Animal Control officer, Kathleen Gilbertson, prior to opening. 2. The Planned Development Agreement must be signed and recorded prior to issuance of a building permit. 3. Maintain a current kennel license. 4. All signage is subject to City Code requirements. 5. The fenced area behind the building shall be covered by a canvass awning that is an earth tone color that will be complementary to the Town Centre Shoppes building. 6. Designated bathroom area shall be cleaned daily. 7. Overnight boarding of animals is prohibited. 8. Hours of operation are limited to 7:00 am to 7:00 pm. Q-77 Location Map -- tf3 i _ I _ 3 ,y J t r, 4 4f - - _ _? _ - - ." .. - - _ - - -COUNTY ROAD 0038 ". J _- i II 11 J_"S IS \ 0 / / I- ,V I fk:a nf l VI ? L ., .. c? ? T,`. `?',11-t'-'Y?1 i 1000 0 1000 2000 Feel Development/Developer. Peanut's Place Application: PD Amendment Case No.: 15-PA-10-10-02 * Map Prepared using ERSI ArcV!ew 3.1. Parcel base map data provided by Dakota County Land Survey y Department and is current as of March 2002. N City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY E Community Deeebpment Department The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S not responsible for errors or omissions. h? Eagan Boundary Street Centerline Parcel Area Building Footprint j $I u?ll Current Zoning and Comprehensive Guide Plan Peanut's Place Land Use Map Case No. 15-PA-10-10-02 Zoning Map S PD ?'• Current Zoning: PD Planned Development csc PD PD cSc PD R. g00 a .t goe 1200 F. csc Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area goo s goo Iles rest A SA SA SA SA SA P SA I L H w?,A ?'a L IS' r ?? u... 'iu/e xx•xn run Y10S3NN1/1 '3TIIA35Oa N Ax ? ? Z1] LLS J N'IYR OSS2 5431101 (.6??•?N1NY1d^?1+I SL7311HJHIrr? ?? w??^? ANYd1103 3S lOH3ar? ONY n00aNY3ae ?, WAX LIIIJU NQS?.I? IJ EJIIMx xfl65pllb? Lii11S 311LL MtA11atA0 H? NiN d0 NOILOOY llNl am nIUD L1Wld f ? M w fn I W pa ? ? /? V1 b+r1 cj? W ? U J l r- I T1 ` Z z CENTRE I NE , 111: ':::: a1 . y?a?o? 4SJ91 • I!:' ? ':iii: ow; ii ?Aq .......... . o _ o RQ4? I I , ? R, ?°?s JI.I? `+ I.?vN:.?rr• 177.44 s e9•IT'3 s y3 3 W) 3. I 1 e '; , I -1 11 1 \ IN4 W V1'IVI ?"1' "' 11 .1 .'. V W N I I 111 \ V M 1 r I / NIN YiI L.I.I.III.1NV " NVI.1 '{AINtl NOi9NIII.'V• RCII. IJYI1 - L'tiv{I l "?•unl.l wn FdIIN/11N1 .){? VLI .\IW1 IWI LNN611 I= IJiLIIIJNIy No?lll.) NII>oAV -140.4 fLLll ll lNN M,IM?t 1`IfCN.I l_ i I) f 1 , it L Q n I_l L1 z> fY JJ .1 R' T V) W l (1 '? I L? Q m d L,2 Igo i?lQ3 Ln '??? -' `j Ir ~UQ ?ln S I_I F 1 Z 1` .i li C? ? W IZl L/1 Id L .l t_l (l '? ftl Lr1 -l Q ly , ?2 L,1`JUC,mu- a?0 Q LJ T `? Y ?1 1 1 Ci 0 J C C, 4: c' z :; wQ I-_J (_Z GL II ,V II II J - I ,nil i t ? ?' rtI 1 SIC F- ? ?iL3 l?ll? I!? r' t ? Z V' ] 1 -'O ;rWOn Irl ? ? ?? ? uw JN ' 7 7 S C d j : U ? A 2 \ III i? on age - el 3v O OI I V p F? ? 1 I W nM1 C 9 ( ?., rJ z L'?w I , o. ?i? ?X• i ? {'Uf 1;.11111 °?^•,I tr V1.r-0r41n 4?. 1 '? ^71S lIS N:i JYi iAlHfl iNJOr, MM l NI 1 SN'iN4YI1 J,.)illll HY 11f1wN li NUIIJ.iS iAINl 7,l )NII'll OLtL iJYl?l `lllrVil ?Oll, 1 o !t 1 V 4rN}YA777 dN0) c311Nd?lON.1 JAIi NOi IN i11A0.1111 1NY4 it ?•??1 II?,???V tI l ?i ?;)?l,l X19N iM YM <INNOJ TLLLL Ytilic XINXO 1"1lON.I `1 1 `) 1 r it O Cc: .-] Cc] O -I ° W r v) Oj- p CL ct? O I I W -t C oW Q. fn L '? = E" I^r a8d s 0 Z N m < z? O V ? R 'I _ aG LL W a» O Z V ;W W mar w l J Q . .. M V rn m i •i .n i,q a ? LL L1 ? I LJ I I 2 ? Q i \ m I n, h-. I I III I ? I'I ( LOCATION 1248 Town Centre Drive Eagan, MN 55123 This is an approximate 3,000 square foot space at the end of a small strip mall that is adjacent to a pet store and is currently being used as a dog training center. Ample lighting and parking are available. The building is located directly off Highway 35E and Yankee Doodle Road. It is surrounded by other strip malls, businesses, pet stores, a park-and-ride, and residential areas. Eagan has five main veterinary clinics, one of which is located within three blocks of our site. Eagan is home to approximately 1,700 businesses, which bring prospective customers to the area. Ten of these businesses are major corporations, which together employ over 16,000 people. We believe that our business would benefit Eagan residents because of the heavy dog population that is evident in the number of veterinary clinics and pet supply stores, three of which are located within a mile of our site. The owner of Chuck & Don's, the pet store adjacent to our location, has contacted us regarding his desire to see Peanut's Place open. BUSINESS DESCRIPTION This is a new, independent business located in Eagan, which will primarily provide weekday daycare for dogs in the metropolitan area. There are only two other facilities specifically geared toward dog daycare in the entire Twin Cities. Dog Days, located on Grand Avenue in St. Paul, has been in business for over three years and continues to have a waiting list of over one hundred dogs, which amounts to approximately a one-year waiting period. The other facility, It's a Dog's Life, is located on Lake Street in Minneapolis and has only been open for four months. This indicates the way of the future for dog care. Peanut's Place will be open from 7 a.m. to 7 p.m. Monday through Friday with additional weekend hours depending upon the demand. Our plan is to accommodate 30-35 dogs. In addition to daycare, which will be our main source of income, we plan to offer extra services and products. We will also offer full-service and/or self-service bath and brush. We also plan to sell highly unique and personalized dog gift items, such as T- shirts imprinted with a dog's name and paw prints, memory frames containing a dog's picture on one side and their day paw imprint on the other, etc. UNIQUENESS AND DIFFERENTIATION Within the past ten years, the idea of dog daycare has become a reality and these centers are opening up across the country. Kennels, realizing this need, have started to offer daycare on a very limited basis. However, kennels are primarily boarding facilities and can not/do not provide the level of care that will be given at Peanut's Place. At kennels dogs are kept in cages for much of the day; they receive very little playtime and there is typically little or no socialization. At Peanut's Place, dogs will be in an approximately 2,500 square foot community play area socializing with each other, getting daily exercise and receiving loving attention and treats from caregivers. There will also be scheduled "nap times" and "potty breaks." We plan to have an estimated three "potty breaks" per day (in the outside area adjacent to the back of the building), with no more than five dogs out at one time. This area will be picked up regularly throughout the day and sprayed down each night with a very diluted bleach and water compound using a garden-variety weed sprayer. Due to the fact that the area is curbed, sand-filled, and that we use only a small amount of water to clean it off, there should not be any measurable amount of run-off. Parents will receive frequent e-mails, including pictures, to update them on how their dog is spending the day. By providing this specialized care, dogs develop good socialization skills and are better behaved at home in the evenings. Because the dog is not alone at home all day, the parents can spend their evenings doing what they wish and be "guilt free" because their dog had an active and fun day and will likely want to rest up for the next day! As a convenience to the dog owners, our facility will be open from 7 a.m. to 7 p.m. This allows ample time for parents to drop off/pick up their dog, make their commute and work a full day. GROWTH AND PROFITABILITY More and more, dogs are not thought of as just an animal or just the pet. Dogs are family members and get treated as such. Dogs also have a very important role in society as a whole - from police work, to aiding the handicapped, to movies and commercials. In keeping with this trend, more people are choosing to have dogs, kennels are opening all the time, veterinary clinics are going up, dog parks are a reality and there is even a doggy cafe in Minneapolis. Because most families are two-income households, nobody is at home with the dog and, unlike other pets, dogs need time and attention. There has also been a change in the average work schedule for many people. Some have long commutes and/or three and four day weeks, which make for very long days for a dog to be left alone. People are also finding out how social dogs really are and how important it is for them to interact with not just other people, but with other dogs as well. There are studies showing that a socialized dog is a well rounded dog with better behavioral patterns. Due to these reasons, the need for good, personalized care continues to grow. One of the two existing dog daycare businesses in the metro area now has a 100 dog waiting list and has had for the last two years. The daycare in Minneapolis, open for only two months, is already starting to fill their spots. MANAGEMENT AND OWNERSHIP Peanut's Place is owned and managed by Katie T. LaBrosse and Roberta K. Venaglia. Katie has five years experience in the pet care field, including one year at South St. Paul Animal Hospital, two years managing Silver Dog Bed & Biscuit (dog kennel) and two years as owner of Heart's Content (pet sitting business). She has also taken various business classes at Inver Hills Community College. Roberta has been a business administrator for nineteen years in which her duties included accounts payable and receivable, payroll, tax reports, overseeing all accounts, publications/newsletters. Roberta is a homeowner and both are lifelong area residents. 2 Agenda Information Memo December 2, 2002 Eagan City Council Meeting B. CITY COMMENTS RELATED TO ENVIRONMENTAL ASSESSMENT FOR RUNWAY 17 DEPARTURE PROCEDURES ACTION TO BE CONSIDERED: To approve City of Eagan comments related to the Environmental Assessment for Runway 17 Departure Procedures. FACTS: • The Metropolitan Airports Commission (MAC) has released the draft Environmental Assessment (EA) for the Implementation of a Departure Procedure off of Runway 17. • MAC has scheduled a public hearing for Tuesday, December 3, 2002 to receive public comment on the proposed departure procedure for Runway 17. The proposed procedure includes a wide area fan with 5 flight tracks over the City of Eagan. • Runway 17-35 is projected to open in November 2004. Operations on the new runway will have a significant impact to the community. • Staff and the City's airport noise attorney have drafted the attached comments. Staff will provide a short briefing on the issues. • Following City Council direction, staff will submit the comments into the record at the MAC public hearing. ATTACHMENTS: • Draft comments are attached on pages° throughIR ove 4b?dty of eegan December 3, 2002 PATRICIA E. AWADA Mayor Ms. Melissa Scovronski Administrative Assistant PAUL BAKKEN MAC Environment Department PEGGY CARLSON 6040 28th Avenue South Minneapolis, MN 55450 CYNDEE FIELDS MEG TILLEY Dear Ms. Scovronski, Council Members The City of Eagan appreciates the opportunity to comment on the draft Environmental Assessment for the Implementation of Departure Procedures off of Runway 17 (draft EA) THOMAS HEDGES at Minneapolis-St. Paul International Airport (MSP). City Administrator The City of Eagan continues to strenuously object to the wide area fanning associated with the proposed action, Alternative E and all of the other alternatives considered. Recognizing that the draft EA is intended to identify the environmental impacts of Municipal Center: alternatives related to a number of departure procedures, the City remains adamant that 3830 Pilot Knob Road an alternative showing elimination of Flight Track A should have been considered as part of the analysis. Eagan, MN 55122-1897 Phone: 651.681.4600 As we have stated for the record on many occasions, the existence of Flight Track A Fax: 651.681.4612 creates complete community saturation over the residents, businesses, and open spaces of Eagan. By including that flight track, the Metropolitan Airports Commission (MAC) and TDD: 651.454.8535 the Federal Aviation Administration (FAA) have left no safe harbor in our community from the harmful and annoying impacts of aircraft noise. Rather, Eagan will have Maintenance Facility: effectively become the dumping ground for aircraft operations at MSP with nearly 50% 3501 Coachman Point of all operations at this airport traversing over and through our boundaries. It is wholly unacceptable then that the FAA/ MAC analysis of departure procedures for Runway 17 Eagan, MN 55122 should do nothin to take into account our community's concerns. Phone: 651.681.4300 Fax: 651.681.4360 The basis for the unduly narrow FAA/ MAC analysis of departure procedures for Runway 17 is apparently the application of an outdated and restrictive FAA theorem that TDD: 651.454.8535 the 60 dB DNL contour is the sole arbiter of noise impacts. There is no consideration of total community impact as measured in the frequency, saturation and relative distance www.cityofeagan.com from the airport of aircraft operations. Indeed, that the City has requested an operating procedure (elimination of Flight Track A) that would only marginally impact its own residents with no adverse impact to other communities has been given only cursory and perfunctory review. THE LONE OAK TREE The symbol of strength h i d growt an n our community 1 4R1 FT The fact is that the environmental review process needs to be more accommodating to specific concerns of communities. This is an issue that goes far beyond this draft EA in the manner in which the FAA allows for public input. The draft EA circulated by MAC for the implementation of the proposed departure procedures for Runway 17 is also flawed because it relies on outdated noise exposure maps (NEMs) in conducting its noise analysis. As the EA itself acknowledges, its noise analysis is based on the NEMs used in the Part 150 document that MAC submitted to the FAA in November 2001. The EA relies on those outdated noise projections despite the fact that MAC has formally withdrawn its November 2001 Part 150 proposal for the express purpose of updating its NEMs. In an attempt to justify this reliance on outdated information, the EA claims that: (1) its analysis is acceptable because it conveys the "worst-case" noise scenario; and (2) it is necessary to move ahead now based on the outdated NEMs so that the proposed departure procedures can be in place when Runway 17 opens. See EA at 5. Neither of these reasons is compelling. The EA's "worst-case", noise scenario claim is not and cannot be supported by any quantitative analysis. In fact, because the revised NEMs are apparently not yet available, it is impossible to say with any certainty how they will compare to the outdated NEMs relied on in the EA. Without such a quantitative assessment, it is not accurate to claim that the EA analyzes the "worst-case" noise scenario. The claim that the EA must go forward before the NEMs are revised is similarly flawed. According to the EA, the new noise information will likely be available by the end of second-quarter 2003 and the Runway 17 is not scheduled to open until substantially later (November 2004). See EA at 5. The EA provides no reason why the environmental assessment of the proposed departure procedures for Runway 17 could not be delayed until after the critical new noise information becomes available. The EA is also notable and flawed because it carves out one element of MAC's larger Part 150 submission -- the proposed departure procedures for Runway 17 -- for separate and early consideration. This is improper "segmentation" and "piecemealing" under the National Environmental Policy Act (NEPA). See 40 C.F.R. 1502.4. Because the proposed departure procedures for Runway 17 and the other components of MAC's Part 150 proposal are inextricably linked, they must be analyzed in a comprehensive and unified fashion. For the foregoing reasons, the draft EA should be withdrawn and revised to reflect the more recent noise projections now being developed. It should also be revised to include a complete analysis of the alternative of eliminating Flight Track A. CNO 019', FT The City is very interested in continuing to work with MAC and FAA to identify operating alternatives that will allow MSP to expand in a manner that does the least damage in an urban and suburban setting, and promotes a healthy relationship with citizens based on full public disclosure. The City of Eagan strongly recommends that MAC improve its public reporting and accounting of aircraft operations and noise impacts. The EA's analysis of proposed operation of Runway 17-35, as well as the use of existing runways at the airport is predicated almost exclusively on computer modeling. It is in the best interests of all involved if constant monitoring of operations at MSP is performed to test those modeling assumptions. The Runway Use System (RUS) that prioritizes operating within the largely commercial-industrial Eagan-Mendota Heights Corridor must be strictly enforced as an application where and when it is feasible. MAC should commit to the following actions: • Phased integration of Runway 17 through the RUS should be implemented. The justification for a new runway is its ability to increase capacity at the airport. The RUS should therefore provide that Runway 17-35 should only be used as capacity dictates and, therefore only maximized in its use when MSP operations reach originally projected high-forecast levels. • Constant monitoring should be utilized to verify the accuracy of runway and flight track use modeling. Technical reports from MAC should detail on a monthly basis the periods of time when conditions were appropriate to use the RUS and compare that to how often the RUS was used. The Eagan-Mendota Heights Corridor remains the most "friendly" area for overhead aircraft noise and failing to utilize the RUS prioritizing this area undermines all previous efforts at land planning by the City of Eagan. • If actual RUS use deviates from available RUS periods, MAC and FAA should be required to immediately schedule a public hearing to explain to surrounding communities the extent to which affected persons can expect operational standards be adhered. Within 13 months of the opening of Runway 17-35, MAC should hold a public meeting to detail use percentages for each flight track off of Runway 17 in the first 12 months of operation on a monthly basis and in aggregate. Recognizing again that computer modeling of various inputs is the primary basis for generating those percentages, any significant deviation of those percentages (a number to be agreed upon with surrounding communities) should immediately trigger a reopening of the environmental review with an eye toward adjusting the 60 dB DNL contour to reflect actual conditions. Subsequent analysis of this type should then be done on an annual basis. eDO9 The City of Eagan recognizes the stressor of delay on airport capacity. To the extent that delay is not significantly reduced by inclusion of Runway 17, MAC should vigorously pursue non-operating alternatives to reduce delay. Slot allocations to minimize over- scheduling of peak periods by airport users should be considered by MAC and FAA. Similarly, congestion pricing to encourage market solutions for the aforementioned over- scheduling is an alternative that MAC and FAA should investigate. Again, thank you for the opportunity to comment. Sincerely, Patricia Awada Mayor RAFT AT) AGENDA CITY OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER December 2, 2002 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. NEW BUSINESS 1. Schedule Special Meeting for December 17, 2002 D. ADJOURNMENT cI Agenda Information Memo December 2, 2002 Eagan Economic Development Authority Meeting C. APPROVE MINUTES OF NOVEMBER 7, 2002 REGULAR MEETING AND NOVEMBER 19, 2002 SPECIAL MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the November 7, 2002 regular EDA meeting and the November 19, 2002 special EDA meeting. ATTACHMENTS: Minutes are attached on pages through Resolution is attached on page. (O 0jqA MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 7, 2002 A meeting of the Eagan Economic Development Authority was held on Tuesday, November 7, 2002 at 7:55 p.m. at the Eagan Municipal Center. Present were President Awada and Commissioners Carlson, Fields, Bakken and Tilley. Also present were Executive Director Tom Hedges, Assistant City Administrator Jamie Verbrugge, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVAL OF MINUTES Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve the minutes of the September 17, 2002 Economic Development Authority meeting. Aye: 5 Nay: 0 NEW BUSINESS SCHEDULE SPECIAL MEETING Commissioner Bakken moved, Commissioner Tilley seconded a motion to schedule a special meeting of the Economic Development Authority for November 19, 2002. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 7:58 p.m. Date Executive Director 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, (612) 681-4600 (TDD phone: (612) 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. aq3 MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 19, 2002 A meeting of the Eagan Economic Development Authority was held on Tuesday, November 19, 2002 at 9:30 p.m. at the Eagan Municipal Center. Present were President Awada and Commissioners Carlson, Fields, Bakken and Tilley. Also present were Executive Director Tom Hedges, Assistant City Administrator Jamie Verbrugge, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVAL OF MINUTES Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve the minutes of the November 7, 2002 Economic Development Authority meeting. Aye: 5 Nay: 0 NEW BUSINESS DELTA DEVELOPMENT City Administrator Hedges introduced this item regarding the final development agreement for Delta Development for 230 townhome and village home units in the Cedar Grove Redevelopment area. Jim Prosser, Elhers and Associates reviewed the proposed development agreement. Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the Final Development Agreement with Delta Development, Inc. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:45 p.m. Date Executive Director 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, (612) 681-4600 (TDD phone: (612) 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, actq national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. a9s EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF November 7, 2002 Regular Meeting and November 19, 2002 Special Meeting BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the November 7, 2002 regular meeting of the Eagan Economic Development Authority and the November 19, 2002 special meeting of the Eagan EDA. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, James Verbrugge, Secretary/Assistant 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 2d day of December, 2002. James Verbrugge, Secretary aP Agenda Information Memo December 2, 2002 Eagan Economic Development Authority Meeting D. NEW BUSINESS 1. SCHEDULE SPECIAL MEETING FOR DECEMBER 17, 2002 ACTION TO BE CONSIDERED: To schedule a special meeting of the Eagan Economic Development Authority for Tuesday, December 17, 2002. FACTS: • The EDA regular monthly meeting occurs on the same day as the first meeting each month of the City Council. Any other meeting of the EDA is considered a special meeting. • The purpose of the special meeting is to present the terms of a potential redevelopment agreement with Keystone Communities for a senior housing project in the Cedar Grove Redevelopment Area. ATTACHMENT: • Resolution is attached on page EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO SCHEDULE SPECIAL EDA MEETING ON TUESDAY, DECEMBER 17, 2002 BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a special meeting of the EDA on Tuesday, December 17, 2002. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, Jamie Verbrugge, Secretary/Assistant 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 2"d day of December, 2002. James D. Verbrugge, Secretary Subd. 23. CGMU Cedar Grove Mixed Use District A. Intent. The intent of the "CGMU" Cedar Grove Mixed Use District is to provide an area for compact, mixed use development made mutually compatible through a combination of careful planning and urban design and coordinated public and private investment. The mixture of land uses within the district is essential to establishing the level of vitality and intensity needed to support retail and service uses. The placement of building edges and treatment of building, parking, landscaping, and pedestrian spaces is essential to creating the pedestrian-friendly environment envisioned for the Cedar Grove District. The standards in this ordinance are intended to implement and effectuate the principles and relationships established in the City of Eagan Cedar Grove Design Framework, which will be carried out through specific standards related to site planning, architecture, building materials, landscaping, signage and other elements. The CGMU district is divided into two sub-districts CGMU-1 and CGMU-2, as depicted on the Official Zoning Map. B. Permitted Uses. Within either the CGMU-1 or CGMU-2 District, no structure or land may be used, except for one or more of the following uses, provided such use is less than 10,000 square feet in floor area: 1. Accessory store, apparel. 2. Altering, pressing and repair of wearing apparel. 3. Animal clinic when contained within a building. 4. Appliance store. 5. Art gallery. 6. Banks and other financial institutions, without drive-through facilities. 7. Barber shop. 8. Beauty shop. 9. Bookstore. 10. Cafe, cafeteria, restaurant, or delicatessen, without drive-through facilities. 11. Camera store. 12. Candy, nut or confectionery store. 13. Churches. 14. Club or lodge, private. 15. Copy service or printing service. 16. Department store. 17. Flower shop. 18. Furniture store. 19. Furniture store. 20. Gift, novelty, or souvenir store. 21. Gift, novelty, or souvenir store. 22. Grocery store. 23. Hardware store. 24. Hotel or motel. 25. Instrument store, musical. 26. Library. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 2 27. Locksmith. 28. Luggage store. 29. Machines, business sales and service. 30. Magazine or newsstand. 31. Meat market for retail sale to the public. 32. Medical or dental offices or clinics (for humans only). 33. Municipal buildings where the use conducted is customarily considered to be an office use. 34. Museum. 35. Musical instrument and musical recordings store. 36. Notions store. 37. Offices. 38. Optician. 39. Painting, wallpaper and decorating store for retail sales and service. 40. Pet store. 41. Repair and servicing of items the sale of which is permitted in this district. 42. Residential multi-family dwelling units, if within a structure containing at least four units. 43. School, public or private. 44. Shoe store. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 3 45. Sporting goods store. 46. Stationery store. 47. Tanning salon. 48. Tobacco store. 49. Toy store. 50. Variety store. 51. Video sales and rental. C. Accessory Uses. Within the CGMU-1 or CGMU-2 District, the following uses shall be permitted accessory uses: 1. Off-street parking of automobiles for patrons or employees of a permitted use. 2. Off-street loading areas as regulated herein. 3. Signs, fences, and decorative landscape features as regulated herein. 4. Customary uses incidental to the principal use as determined by the City Council. D. Conditional Uses, CGMU-1. Within the CGMU-1 District, no structure or land may be used for the following uses except by conditional use permit: 1. On-sale and off-sale liquor establishments as regulated by the City Code. 2. Amusement or Entertainment, as defined and regulated by the City Code. 3. Drive-through facilities for a permitted use, if provisions for vehicle stacking, vehicle maneuvering, outdoor speaker devices, appearance and lighting of outdoor menu boards, and other related issues can be shown to City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 4 be in keeping with the intent and character of the CGMU district and compatible with surrounding uses. 4. Residential dwelling units within the same building as non-residential uses, if provisions for parking, security, noise, odors, and other related issues affecting the residential units can be shown to be handled adequately and in keeping with the best interests of the residents. 5. Theater, if provisions for parking, lighting, signage, security, and hours of operation can be shown to be handled adequately and in keeping with the intent and character of the CGMU District. 6. Parking ramp or parking garage. 7. Buildings in excess of 50 (fifty) feet in height, if such buildings will not block significant views from existing uses or views to significant features within the CGMU district, and if such buildings can be shown to be in keeping with the intent and character of the CGMU district and compatible with surrounding uses. 8. Any permitted use or any other conditional use, if 10,000 square feet or more in floor area, if such use can be shown to be in keeping with the intent and character of the CGMU district and compatible with surrounding uses. 9. Other uses determined by the City Council to be similar in purpose and character to other permitted and conditional uses in this District. E. Conditional Uses, CGMU-2. Within the CGMU-2 District, no structure or land may be used for the following uses except by conditional use permit: 1. Any conditional use allowed in the CGMU-1 District. 2. Automobile and truck service uses. 3. Equipment and vehicle rental. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 5 4. Gasoline service stations, auto repair, sales, and storage. 5. Automobile car wash. 6. Screened outdoor storage. F. Lot Area, Lot Width, and Yard Requirements. The following standards apply to both the CGMU-1 and CGMU-2 Districts. 1. Setbacks Setback - Principal Structure: Front Yard: Build-to Line (0-10 feet) Side Yard/Interior: 0 feet minimum Side Yard/Corner: Build-to Line (0-10 feet) Rear Yard: 20 feet minimum Setback - Accessory Structure: Front Yard: Side Yard: Side Yard (Street) Rear Yard: Setback - Parking: Front Yard: Side Yard: Side Yard (Street) Rear Yard: 20 feet minimum 0 feet minimum 20 feet minimum 5 feet minimum 5 feet minimum 5 feet minimum 5 feet minimum 5 feet minimum 2. Front Yard Build-To Line Established. In the CGMU District in the front yard, a build-to line is established which provides a minimum and maximum front setback for buildings and other structures, from the right- of-way or property line. The minimum front building setback shall be zero (0) feet and the maximum shall be ten (10) feet from the right-of-way City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 6 or property line, for all properties on streets within the CGMU-1 District (see Figure x). 3. For parking, different minimum setbacks apply, but there is no maximum. 4. For all properties within the CGMU District the required setbacks to Highway 13 and Cedar Avenue shall follow the rear yard setbacks above. 5. In the CGMU-1 District at least 60% (sixty percent) of the street frontage of any lot shall be occupied by building facades meeting the build-to line. Other portions of a building beyond the 60% may be setback farther than required by the build-to line. 6. In the CGMU-2 District at least 40% (forty percent) of the street frontage of any lot shall be occupied by building facades meeting the build-to line. Other portions of a building beyond the 40% may be setback farther than required by the build-to line. 7. The length of the building facade shall be measured as the maximum width of the building projected to the front lot line on lines perpendicular to the front lot line. 8. On lots with more than one street frontage, the build-to line shall apply on each side fronting a street. 9. The build-to line may be met either with an enclosed building or an arcade constructed with a permanent roof of the same materials as the remainder of the building. 10. At least the first and second floor must meet the Build-to Line. Arcades at street level and terracing of building facades above the second floor are encouraged. 11. At a minimum, the first fifty (50) feet of the lot frontage on either side of a street intersection must be occupied by buildings meeting the build-to line. Parking or other space open to the sky is not allowed within this first fifty feet. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 7 12. Screening of Parking Areas. Wherever a surface parking area faces a street frontage, such frontage shall be screened with a decorative wall, railing, hedge, or a combination of these elements, to a minimum height of two and one half (2-1/2) feet and a maximum height of three and one half (3-1/2) feet above the level of the parking lot, at the build-to line. 13. Parking Structures. New parking structures shall maintain a setback equal to the setbacks required in this section for other structures, except that where such parking structure is adjacent to other parking in a side or rear yard condition, the parking structure may have a zero setback. Where a new parking structure is adjacent to an existing use in a side or rear yard condition, the parking structure must maintain at least a ten (10) foot setback. 14. Drive-Through Lanes. Drive-through or drive-in lanes are not allowed within the build-to line or in front of any building; they must be located to the side or rear of a building. 15. Building Height: Building height is defined as the vertical distance from the average elevation of the adjoining ground level or the established grade, whichever is lower, to the top of the cornice of a flat roof; the top of a mansard roof; a point directly above the highest wall of a shed roof; the uppermost point of a round or other arch-type roof; the mean distance from the eave line to the peak of the highest gable on a pitched or hip roof. 16. Height Limit. The maximum height of buildings in the CGMU District shall be 50 (fifty) feet, except as allowed by conditional use permit. The minimum heights shall be 24 (twenty-four) feet in the CGMU-1 District and 16 (sixteen) feet in the CGMU-2 District. G. Building Types. Within the CGMU District, no building shall be constructed and occupied except for the following types, described below, and depicted on the attached Figures x through xx: 1. Building Type A, Mixed Use. Type A buildings may include retail, office, or residential uses on the first floor and on upper floors. Parking may be City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 8 included on a level below ground. Type A buildings may have a flat or pitched roof. 2. Building Type B, Apartments or Condominiums. Type B buildings shall include residential, office, or retail uses on the first floor, and residential apartments or condominiums on upper floors. Parking may be included on a level below ground. Type B buildings may have a flat or pitched roof. 3. Building Type C, Townhomes. Type C buildings shall be residential townhomes on all floors, except that a portion of the first floor not fronting a street or public open space may include parking. Type C buildings shall have a pitched roof. Maximum height shall be thirty-five (35) feet. Maximum depth of buildings perpendicular to a street shall be fifty (50) feet. Minimum width of lots for individual units shall be twenty- five (25) feet. 4. Building Type (D), Office/ Retail. Type (D) buildings shall include office or retail uses on the first floor, and office uses on upper floors. Parking may be included on two levels below ground. Type (D) buildings may have a flat or pitched roof. H. Streets. 1. All new developments or significant redevelopments in the CGMU District shall be served by public streets on blocks that are no more than 400 (four hundred) feet on a side between intersecting public streets. New or significantly modified existing streets shall conform to the Street Types established in this chapter and to the master street plan for Cedar Grove. 2. Within the CGMU District there are established street types for the purpose of creating various streetscape environments, handling traffic safely and efficiently, and providing pedestrian access. On-street parking shall be provided on all streets within the CGMU District except where specifically prohibited by the City when warranted for safety reasons. These street types shall correspond to a master plan for streets in the Cedar Grove area, and are illustrated on attached Figures x through xx. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 9 a. Type 1 - Parkway: Minimum right-of-way width of 120 (one hundred twenty) feet, two-way street with parallel parking both sides, center landscaped median minimum 20 (twenty) feet in width, landscaped boulevards both sides minimum 10 (ten) feet in width, sidewalks both sides minimum 8 (eight) feet in width. b. Type 2 - Collector: Minimum right-of-way width of 80 (eighty) feet, two-way street with parallel parking both sides, landscaped boulevard minimum 6 (six) feet in width, sidewalks both sides minimum 6 (six) feet in width. c. Type 3 - Local/Parallel Parking: Minimum right-of-way width of 60 (sixty) feet, two-way street with parallel parking both sides, sidewalks both sides minimum 10 (ten) feet in width. d. Type 4 - Local/Angled Parking: Minimum right-of-way width of 60 (sixty) feet, two-way street with parallel parking both sides, sidewalks both sides minimum 10 (ten) feet in width. 1. Parking. 1. Parking for residential units in CGMU shall be provided on site, and shall be calculated as required under this Title. Such residential parking spaces shall be specifically reserved for the use of residents and visitors only, separate from any commercial, office, or other uses on site or nearby, and shall not be counted as part of any shared parking or joint parking arrangement. Parking in driveways at the rear of townhomes may be counted towards the requirements of this ordinance if it does not interfere with other traffic movement. 2. Parking for non-residential uses shall be as required under this Title. If present, on-street parking directly in front of a given building or lot shall count toward fulfilling the total parking requirement. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 10 3. On-grade parking is prohibited in the front yard directly in front of a building. Parking shall be provided to the side or rear of buildings in mid-block areas. 4. In the CGMU-1 District, where parking fronts a public street the maximum parking lot width shall be sixty-five (65) feet measured at the lot frontage. 5. In the CGMU-2 District, where parking fronts a public street the maximum parking lot width shall be one hundred thirty (130) feet measured at the lot frontage. 6. Parking shall be prohibited within fifty (50) feet of the intersection of any public streets within the Cedar Grove District. J. Building and Architectural Provisions. 1. All buildings shall be designed to accomplish the goals and policies of the Comprehensive Plan and the principles of the Cedar Grove Design Framework. Building materials shall be attractive in appearance, durable with a permanent finish, and of a quality that is consistent with the standards and intent of the Design Framework. Where appropriate, buildings shall use reasonably similar materials and colors of adjacent buildings, with the exception of prohibited materials. 2. All buildings shall include the following elements: a. accent materials, which shall be wrapped around walls that are visible from a public street or open space; b. buildings containing office and retail uses shall maintain 40% minimum window coverage on each first floor front that faces a street or public open space; c. complimentary major material colors; City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 11 d. a combination of vertical and horizontal pattern designs in the building facade. 3. Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed fifty (50) feet in length without significant visual relief consisting of one or more of the following: a. the facade shall be divided architecturally by means of significantly different materials or textures, or b. horizontal offsets of at least four (4) feet in depth, or c. vertical offsets in the roof line of at least four (4) feet, or d. fenestration at the first floor level that is recessed horizontally at least one (1) foot into the facade. 4. Building facades shall be divided into similar bays of roughly equal width between 20 (twenty) and 40 (forty) feet in width. 5. Exterior building materials shall be classified primary, secondary, or accent materials. Primary materials shall cover at least sixty percent (60%) of the facade of a building. Secondary materials may cover no more than thirty percent (30%) of the facade. Accent materials may include door and window frames, lintels, cornices, and other minor elements, and may cover no more than ten percent (10%) of the facade. Allowable materials are as follows: a. Primary exterior building materials may be brick, stone, or glass. Bronze-tinted or mirror glass are prohibited as exterior materials. b. Secondary exterior building materials may be decorative block or integrally-colored stucco. c. Synthetic stucco may be permitted as a secondary material on upper floors only. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 12 d. Accent materials may be wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage. e. All primary and secondary materials shall be integrally colored. f. Decorative block shall be colored only by means of a pigment integral to the block material, not applied to the surface. g. Sheet metal, corrugated metal, asbestos, iron, shakes, and plain flat concrete block (whether painted or integrally colored or not) are not acceptable as exterior wall materials on buildings within the Cedar Grove District. 6. All mechanical equipment, whether roof-mounted or ground-mounted, shall be completely screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. 7. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building. 8. Consistent interior window treatments are required for windows that are visible from a public street or open space in offices and multiple residential complexes. 9. All buildings containing non-residential uses on the ground floor shall meet the following standards: a. The building shall have entrances to a street or public open space spaced no more than one hundred (100) feet apart, b. Entrances shall be oriented conveniently to the street frontage and to on-street and off-street parking serving the use. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 13 10. All buildings containing residential uses on the ground floor shall have a first floor elevation at least two and one half (2-1/2) feet above the adjacent street level in the front yard. This standard may be modified with a variance in unique or hardship situations if the intent is preserved. In addition, each first-floor unit must have an individual private entrance at street level. All such residential units must meet ADA and other applicable access requirements. 11. Trash Handling: All trash, recyclable materials, and equipment for handling them, including compactors, shall be totally screened from eye level view from public streets and adjacent properties, whether in the front, side or rear, either by being stored within the principal structure, totally screened from view by the principal building, or stored within an accessory structure enclosed by a roof and readily served through swinging doors or an overhead door on tracks. 12. Loading docks: Loading docks shall be not located in the front yard and shall be completely screened from eye-level view of public streets and public open spaces, by means of landscaping which is at least 80% opaque year-round within two years, or by a screen wall of the same materials and colors as the principal building. 13. Landscaping: a. All land area not occupied by buildings, parking, driveways, sidewalks, or other hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery and trees. b. At least ten percent (10%) of the total land area within the perimeter of private parking and driveway areas shall be landscaped. Landscaped areas provided within the build-to line may be credited toward this 10% landscaping requirement on a square-foot-for-square-foot basis, for up to half of the 10% requirement, or 5%. City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 14 c. Parking lot landscaped islands shall be a minimum of one hundred fifty (150) square feet in area and include at least one overstory or evergreen tree meeting the requirements of this ordinance. d. Where parking abuts the site perimeter there shall be provided at least one overstory tree per twenty-five (25) feet of site perimeter. e. At least one overstory tree shall be provided for every five hundred (500) square feet of landscaped area on the entire site. f. The landscape plan shall include a full complement of overstory, ornamental and evergreen trees, shrubbery, and ground covers that are hardy and appropriate for the locations in which they are planted, and which provide year-round color and interest. g. Plant selection. h. The following trees may not be used to satisfy the landscaping requirement of this section: Acer negundo Acer saccharinum Catalpa speciosa Elaegnus Ginkgo Biloba permitted) Morus alba Populus deltoides Populus species Box Elder Silver Maple Northern Catalpa Russian Olive F. Ginkgo (female Mulberry Cottonwood Poplars prohibited, male i. The following trees may be used to satisfy the landscaping requirement of this section, but only in areas that are reasonably protected from winter wind conditions: Picea pungens glauca Pinus alba Pinus resinosa Colorado Blue Spruce White Pine Red Pine City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 15 j. The following trees may be used to satisfy the landscaping requirement of this section, but only in areas that are not on, or immediately adjacent to, a public street boulevard: Tilia cordata Little Leaf Linden Fraxinus mandshurica mancana Mancana Ash 14. Signage: a. All signs erected on any building or land within the Cedar Grove District must comply with the standards of this section and other applicable sections of this Title. b. Wall signs: 1) Wall signage is allowed on buildings in the Cedar Grove District within a horizontal band no more than three feet (3') in height, at least ten feet (10) and no more than fifteen (15') above the ground. 2) Wall signage may be either: a. Attached: flat and parallel to the surface of the building and projecting no more than one (1) foot from it, or b. Projecting: perpendicular to the surface of the building and no more than one (1) foot in thickness. 3) Attached wall signage shall consist of individual letters or script logos mounted on the building. c. Projecting signs: City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 16 1) Projecting signs may project no more than four (4) feet from the front edge of the building and be no more than twelve (12) square feet in area. 2) Projecting signs may not extend over a public right-of-way or public property unless by conditional use permit. 3) Projecting signs may not extend over a designated parking space or loading area. d. Box signs or cabinet signs, whether on a wall, projecting or on canopies, are prohibited, except for logo signs as approved as part of the overall signage plan. e. Signs on canopies are allowed only if they are on a surface perpendicular to the ground and if all other requirements of this section as to area and location are adhered to. f. Allowable area of wall signs is one and one half (1-1/2) square feet of signage per lineal foot of building frontage on a public street, public open space, or private parking area. Each wall shall be calculated individually and sign area may not be transferred from one side of a building to another side. In calculating the total allowable area of wall signage, only one side of a two-sided projecting sign shall be counted. g. Freestanding signs are prohibited in the CGMU-1 District, except directional signs at driveways and within parking areas, if no more than five (5) feet in height and no more than six (6) square feet in area. Directional signs must be setback at least two (2) feet from right-of-way, lot lines, and parking spaces. h. Freestanding signs are allowed in the CGMU-2 District according to the provisions of this Title using the standards for the XX District. 15. Lighting: City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 17 a. All exterior lighting in the Cedar Grove District shall be downcast cutoff type fixtures, and shall follow the styles and types identified in the Framework Manual. No light source may be more than sixteen (16) feet above the ground, except by conditional use permit for buildings more than twenty (20) feet in height, b. The applicant for any building project shall provide a photometric lighting diagram prepared by a qualified professional showing light levels, in foot-candles, from all exterior artificial lighting for all points on and within ten (10) feet of the site. c. Lighting levels in exterior parking areas shall average one half (1/2) foot candle, with a minimum of one tenth (1/10) foot-candle in all locations. d. Lighting levels in interior parking areas shall average two (2) foot- candles, with a minimum of one half (1/2) foot-candle in all locations. e. Lighting levels shall not exceed one half (1/2) foot-candle at the abutting property line or right-of-way line, and no direct glare from lighting on site shall extend onto the public street, public open space or neighboring properties. K. Administration. 1. Cedar Grove Design Review. A Design Review Committee is established for the Cedar Grove that shall consist of three to five members appointed by, and serving at the pleasure of, the City Council. The City Council shall appoint one member to serve as Chairperson to call and facilitate the meetings of the Committee. 2. All applications for development projects in the CGMU-1 or CGMU-2 districts must first be submitted to the Design Review Committee, who shall determine conformance of the proposed developments with the intent and requirements of this chapter. The Committee shall also review City of Eagan Zoning Regulations Cedar Grove Mixed Use District (Draft) September 2002 page 18 and make recommendations to the Planning Commission and City Council regarding land use and zoning applications in CGMU-1 or CGMU-2 for those applications that are required under this Title to have such review by the Planning Commission or City Council. 3. 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