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10/21/2008 - City Council RegularAGENDA EAGAN CITY CDLINCIL EAGAN MUNICIPAL CENTER BUILDING DCTDBER 27, 2E1fl8 ROLL CALL AN^ PILEaGE GF AE.LEGIANCE 11. A©OPT AGENDA 111. RECCGNITIGNS AND PRESENTATIaNS 1V. CQNSENT AGENDA {Consent items are acfed on wifh one moflon unless a requesf is matte far an item to be pulled far disousslon) a A. APPROVE MINUTES ID B. PERSONNEL ITEMS P It C. APPROVE Check Registers p 1a D. ADOPT Red Flags Rule Identity Thef# Prevention Program X13 E. ^1RECT preparation of an Ordinance Amendment to Chapter 1t1, Section 10.11 regarding potentially '`~ dangerous and dangerous dog regulations ~~ F. APPROVE Off sale 3.2 Percent Malt Liquor 4beer3 License for Eagan 2008 LLC, dba Cub Foods located at 1020 Diffley Road P SSG. ^ECLARE bicycles tt~ be surplus property ~~dH. APPROVE Tobacco License far Ct€b Foods, 1020 Diffley Road Rat I. APPROVE Massage Therapy Establishment License far Jennifer Myers [The Bodywork Studio}, 3352 Sherman Court ~a~ J. APPROVE Application far Community Landfill Abatement l=ands ~~ K. AUTHORIZE request for extension - 200$ Comprehensive Plan Update -City of Eagan Pd~ L• APPROVE Final Plat for River Hills Substation -- M. Item removed ~?~~ N. ^1RECT preparation of an Ordinance Amendment to Chapter 3, Section 3.05 regarding discontinuation of water service in certain circumstances p ~J-], d. RECEIVE Final Assessment Ro11 and order public hearing for Project 863 Nichols Road !Nancy Circle - Street Overlay] ~~ P. RECEIVE Final Assessment Roll and ^rder public hearing for Project 867 (Wescott Raad -Street ~! Overlay) P~~Q. APPOINT Representatives to the Gun Club Lake and Black Dog Watershed Commissions P.~aS R. APPROVE ^akota County's draft 5-year Transportation Capital Improvement Program for 2[309-2013 Q ~ S. APPROVE Change ©rder No. 1 far Contract 0$-08 4Citywide Trail Improvements} 10r~.a T. AUTHORIZE early daily construction start time - U5 Postal Service Bulk Mail Facility expansion grading prey U. ACCEPT donations from Kowalslcl`s Market for the Halloween Hodge Padge event ~ ~~ V. APPROVE the 2010!2011 fee schedule for the Eagan Community Center ~~~ W. AUTHORIZE advertisement for Request for Proposals for Eagan Community Center banquet and meeting roam food service and liquorlbeverage service jf? ~}~ X. APPROVE Change Order No. 2 for Contract 0$-OS ~Narthwoad Parkway overpass -street and bridge improvements} V. PUBLIC HEARINGS ~~~A. PROJECT No. 957 - Blackhawk Oaks tRiverton Avenue} Street Overlay, Final Assessment Hearing ~S5 S, PROJECT No. 959 -Eden Addition Street Overlay, Final Assessment Hearing ~Q~SC. PROJECT No. 955 -Briar Hi11 15` 12~~ 14'~ Additions Street Overlay, Final Assessment Bearing ~.7~©, PROJECT No. 954 -Glary Drive !Cedar Ridge Circle Street Overlay, Final Assessment Hearing ~~ E. PROJECT No. 962 -Cliff IDrive Street Overlay, f=inal Assessment Hearing 1P9~. PROJECT No. 965 -Federal Drive Street ©verlay, FinaE Assessment Nearing VI. OL© BUSINESS VII, NEW BUSINESS ~~~~ A. PRELIMINARY AND FINAL SUB©IVISIDN -Eagan Place 4t~` Addition -- M5P Commercial -- A Preliminary Subdivision of 3.39 acres to create 2 lots located at '1215 Town Centre Drive on Lot 1, Block ~, Eagan Place 3~ Addition in the NE %4 of Section 5. j j'~B. ORDINANCE AMENDMENT -Chapter 5, Section 5.54 -Regarding licensing of body art establishments ~~C. DR©INANCE AMENDMENT - Chapter ~, Section 4.33 -- Past construction storm water rnanageer~t VIII. LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE ~Q ~ A. APPROVE correspondence to the Federal Aviation Administration (FAA} Air'1'raft'ic Canti'ol Tower regarding ~ , ~ usage of Runway 17135 at MSP Ah~part B, ECONOMIC ^EVELQPMENT AUTHORITY ~+ ~ ~~ A. Call to Order B, Adapt Agenda C. Consent Agenda ^. Old Business ,p E. New Business 3- • (~.~-3 ~ . Authorise preparation 4f a DCA Redevelaprr~ent Incentive Grank for Cedar Grave F. Other BUSIne55 G. Recess to Executive Session to consider acquisitioris in the Cedar Grave Redevelopment ©istrict H. Adjournment C, ADMINISTRATIVE AGENDA D. VISITORS TD BE HEARD {far #hose persons not on agrenda) (this portion of fhe meeting will naf be broadcast until offer fhe Nov. 4 election) E. CLOSED SESSION F. A©JDURNMENT City of Eagan ~~mo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINIS`T'RATOR HEDGES I]ATE: OCTOBER 17, Z{IU$ SUBJECT: AGENDA INFORMATION FOR OCTOBER ~1, 208 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 21, 20D8 City Council agenda, the following iterr~s are in order for consideration. Agenda Information Merx~o October 2l, 2QQ8 Eagan City Council Meeting CGNSENT AGENDA The following items referred to as consent itczns require one (1) oration by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be ren~oved fiam the Consent Agenda and placed under Old ar New Business unless the discussion required is brief A. APPROVE MINUTES ACTION TD I3E CONSIDERED: To approve the minutes of the October 7, 20~$ regular City Council meeting as presented ar n~odif ed. ATTACHMENTS: ^ Minutes ~f the October 7, 208 regular City Co€~ncil meeting are enclosed on pages througY_ . ,. _. ~, ,1~IINi7TES OF A REGULAR HEFTING OF THE ~ `ti ~ . , EAGAN CITY COUNCIL Eagan, Minnesota Detnlses• 7, 2008 A Listening Session was held at G:OD p,m, prior to the regular City Council meeting. Present were Mayor Maguis•e, Councihnembers Bakken, Fields, Tilley and Hunter. tan Childers and Keith Caldwell were present to exps•ess their concern over noise generated from the Septemberfest event held at Faithful 5hophord Catholic Sohool an September 20. Mayor Maguire and Chief of Polico McDonald addressed the issue, discussing the measures that would be taken in regard to the noise when the temporary Hquus• license is issued for the event next year. Representative from Faithful Shepherd Catholic Schaal were also present and apologized far the anise and inconvenience to area residents. They stated that they will work towards resolutiarr of the noise issue before the event next year. 11 regular meeting oftlse Eagan City Cnuncil was held on Tuesday, September lG, 2008 at G;3Q p,m• at the Eagan Municipal Center. Present were Mayas' Maguire, Councilmembers Bakken, fields, Tilley and Humor, Also pa'esent were City Adminisirator'l'oan Hedges, Community ^evelopment Director John I-Iohenstein, City Planner Mike Ridley, Public Works I3irectar Tom Colbert, City Attatney Mike Dougherty, and Administrative Secretary I I3cpraty Clerk Mira Peppes•. AGENDA City Administrator I Iedges noted that a closed session would lac held to discctss the Joey Browner' lawsuit. Councihnember Tilley moved, Cuuncilmember Fields seconded a nrtotiun to approve the agenda as presented. Aye: 5 Nay:O RECOGNITIONS AND PRESENTATIONS OATHS OF OFFICE -NEW FI Ct F FIGHTERS This•ty new I^'ia'e Fighters were administered the Oath of Office by Deputy Clerk Mira Peppor, CONSENT AGENDA Cauncilmem~er Fields moved, Councihnember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay; [} A. It was recommended to approve the minutes of the September 16, 2008 regular City Cnuncil meeting as presented. S. Personnelltents 1, it was recommended to apptove the hiring of Bradley Heil, Utility Maintenance Warker. C. It was recommended to ratify the check t'egisters dated September 18, 2fl08, September 25, 2t1D8 and October ~, 20118. D. It was recamsttetrded to set a public hearing date for November 5, 2f]08 tv certify delinquent false alarm bills E, It was recommended to set a public hearing date for November G, 2008 to certify del€ssquent weed cutting bids F. It was recommended to set a public hearing date for November G, 2408 to certify delinquent utility bills G, It was recommended to approve the list of election judges £or the November ~1, 2[7[18 General Election and authorise the City Clerk to modify the list as necessary II. It was recommended to approve the 7-1-08 to 7-1-09 general insurance renewal I. It was recommended to accept a donation for a park bench located in Central Park 7. It was recommended to approve the modification to the 2008 Eagan Community Center Budget K. It was recommended to apprQVe Change Order #2 for Civic Ilrena west mezsanine constntction L. It was r•ecatnmended to approve a cvintract for janitorial services for the five fire stations 3 City Council Minutes t7ctaber 7, 2DD8 Page 2 M. It was recommended to approve the final assessment roll and order public hearing !or Project 955 for November 6, ZODS(Safari Estates Street Overlay} N, It was recommended to receive the final assessment roll and order public hearing far Pznject 958 for Noverrtber b, 20D8 (Tawerview Road Street Overlay} O. it was z~ecomrnended to receive the foal assessment roil and order public hearing for Project 96D for November 6, 2008 (Brittany 8'~' - 10`x' Additions -Street Overlay] P, It was recommended to receive the final assessment roil and order public hearing for Project 961 (Suz' Oak Hi11s Street Overlay) Q. It was z~ecommended to receive the final assessment rail and order public hearing for Project 965 (Elrene Road Street Overlay) R, It was z'ecommended to receive the foal assessment rail and order public hearing for Project 968 (Lexington Pointe Parkway 1 Danie[ l]r'ive -Street Overlay) 5. It was recommended to approve Easament Agreement for' I'r•oject 905E {I..ebannrz Hills Regional Park 1 Long Acres Starrn Sewer Improvements} T- It was rccnmmerzded to approve Change Order No. 3 for Contract 07-06 tLebanon Hills Regional ParklLong Acres Storm Sewer Improvements} U. It was recommended to approve Change Oz•der No. 2 for Contract DS-04 (Czty-wade St~•eet Ove~•lay Improvements] V. It was recommended to approve final payment a~zd acceptance, Cozztr'act D8-OS 1<Saztitary Sewer I.~izziatg) W. It was recommended to acknowledge completion and authorise City maintenance of Contract 07-A (l~Iovus AdditianlTrinity at Rives• Ridge] X. It was recommended to approve a Comprehensive Guide flan Arnend~nezzt to change the land use designation of 120 acres from Parks and Recreational Opcn Space to Lnw Density €or property commonly referred to as Carriage Ilills Y. It was recornrzzended to continue consideration of a modilicatinn to the City Cade regarding dangerous dogs to the October 21 Council Meeting Z, IC was recommended to approve the Final Subdivision, Di they lvfarketplacc 2"d Addition, Reliance T3eveloprnent AA, It was reconurrended to approve the release ofdeveloprzzent cont~•act for DC Welding BI3. It was recornrrzended to accept a donation of five Automated External I7efi'ibrillators tAEll's) from the Mdewakanton Emergency Services Alll I'rograrn CC. it was recommended to accept the resignation of Sret Walsh from the Eagan Airport Relations Commission PfJI3LIC HEARINGS EASEMENT VACATION - UIFFLEY MARKETPLACE City ldministrator Hedges introduced this item regarding the vacation of public right-nT way easement within the Diffley Marketplace plat. Public Woz'ks Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing anti turned discussion back to the Coamcil, Councilmember Fields moved, Courzcihnember Tilley seconded a motion to approve the vacation of public right-of- way easement within the Difilcy Marketplace plat. Aye: 5 Nay: 0 VARIANCE -BRYAN AND CAIt~L BDCHI.~EA 78I SUNSET DRIVE City Administrator Hedges introduced this item regarding a requested Variance of 3.5 feet to the required 10-foot side yard setback to construct an addition at 781 Sunset Drive. City Planner' Ridley gave a staff report. Mr. Bochler discussed the need for the proposed addition to their home, City Council Minutes October 7, 2448 Page 3 Mayor Maguire opened the public hearing, There being no public comment, he closed the hearing and turned discussion Back to the Council. Cnuncilember Bakken moved, Cauncilmember Fields seconded a moiian to approve a Variance of 3.5 feet to the required 14-fact side yard setback to construct an addition at 78l Sunset Ilrive, legally described as Lot 8, Block 2, Sunset Fourth Addition, in the N~1 'Ia of Section 25, subject to the following conditions: Aye: 5 i!fay: 0 1. If within alt year after approval, the variance shall not have been completed ar t~tiNzed, it shall becante null and void unless a petition for extensionr 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 grand faith attempt to complete nr utilize the use permitted in the variance. 2. The applicant sha[1 obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the principal structure. 4. The proposed garage addition shall match the ranfpitch and style of the existing house. OLD BUSINESS HAWTHORNS RIDGE -EXCEL DEVELOPMENT, LLC City Adminisd'atar Hedges introduced this item regarding an appeal by the owner of the I-Iawtharne'Ridge commercial development for the Council to recartsider their July 1, 2448 decision to not allow moditicatinns in the t•estt•ictive covenants fled against the development to permit a restaurant. In order to reconsider this issue, the Council wa«ld have to schedule a meeting of the Board of Adjustments and Appeals. City Planner Ridley provided a brief overview of the history of Council actions regarding the Hawthorne Ridge development. Cauncilmember Hunter' noted that lre lives in the area and has discussed the issue of a restaurant being allowed in the development with other' area residents and there is a definite interest. He requested that the Council reconsider the restrictive covenants. Cnuncilmentbers held a discussion rcgat'dittg the history of the development and Council actions, It was determined that the Board of Adjustments and Appeals should reconsider the issue and neighbors be notified. Attorney 3asper Berg, representing Excel I3evelopmen#, stated support for the Board meeting to discuss the item on November 6, 2008. Councilmember Tilley moved, Counciltnember Fields seconded a ntotian to direct the Board of Adjustments and Appeals to convene on November 6, 2408 for the purpose of heating a proposal to modify covenant restrictions to allow afull-service restaurant far Excel Development's Hawthat7te Ridge retail center located at 525 Diffley Road. Notification to be sent to area residents and residents who expressed cancer~t at past meetings. Aye: 5 Nay: 4 NEW I3CISINESS CONDITIONAL US)E PERMIT AND VARIANCES - T-MOBILS City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a 90-fact telecotmnunicationslchurch bell tower; a Variance of 82 leer to the required 340 feat residential setback for a telecamtttutticationslchurch bell tower; and a Variance to locate a telecnmmtinicationslltell tower in a side yard, ail nn prnpet•ty located at 1930 I)iflley Raad. City Planner Ridley gave a staff report. Mari Brown and Iulie Perrus, representing 'f.Mobile, discussed the proposed conditional use permit and the additional cell phone coverage that would be trade possible for the Eagan area. Councilmembers held a discussion. City Council Minutes actober 7, 2448 Page 4 Mike DeRosier, Cln~ist Lutheran Church, discussed the proposed bell tower. Delaries Altinger, discussed the need by T'-Mobile fnr better coverage and noted that the tower would not only increase coverage by T-Mobile but would be income For Christ Lutheran Church. Councilmember Tilley moved, Councilmember Hu€tter seconded a motion to approve a Conditional Use Permit to allow a 9Q foot telecammunicationslchurch bell tower' for property located at 1934 Ditfley Road, in the NV+J '/a of Section 23, subject to ilte following conditions: Aye; 5 Nay: D 1. This Conditional Use Permit shall be recorded at Dakota County within 5D days of app€'oval by the City Council, Z. The property shall be platted prior to issuance of a building permit. 3. As ~'equired by City Code, the 90-foot antenna tower shall accommodate the applicant's antennae and one additional comparable antenna fnr other communication providers; accept antennae mounted at varying heights; and allow the future rcarrangentent of antennae upon the tower. Doct€mentation of this shall be provided at the time of application for building permit. 4. T'he applicant shall provide the City documentation front a registered struct{n'a] engineer canf€t•ming the structural integrity of the proposed tower, The documentation shall be submitted with the building permit application. 5. The equipment building shall be constructed of concrete block with a brick finish to match the existing building. And sitie as code allows. 5. liar security purposes, climbing pegs shall be removed for the first 12 to 14 feet at the base afthe tower. 7. 'I'1€e access drive and parking area adjacent to the lease area shad be surfaced with bituminous at' concrete. 8. I.,andscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated September 3, 2048. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve a Variance of 82 feet to the required residential setbacks fora 94-foot tel.ecommunicationslbell tower far property located at 1934 Ditflcy Raad in the NW '/a of Section 29 subject to the fallowing conditions: Aye: 5 Nay: (] 1, if within one year a(ler approval, the variance shall not have been completed or utilized, it shall became null and void unless a petition for extension has been ga•anted by the Council. Sucl€ extension shall be requested in writing at least 30 clays before expiration and shall state facts showing a good faith attempt to complete or ut€€ize the use permitted in the variance, 2. The telecommunicatianslbell tower shall be located as shown an the proposed Site flan received September 8, 2448. Councilmember Tilley moved, Cnunciletnber Hunter seconded a motion to approve a Vat•iancc to allow the side yaa•d lncatia€t of a 90-foot telecommunicationslbell tower for property located at 1934 Diflley Road in the NW % of Section 29 subject to the following conditions: Aye: 5 Nay: 4 If within one year after approval, the variance shall not have been completed or utilised, it shall become null and void unless a petition fo€• extension has been granted by the Council. Such extension shall be requested iu writing at least 34 days before expu'atian and shall state facts showing a good faith attempt to complete or utilize the use permitted it€ the variance. The teleco€ntnunicationslbell tower' shall be located as shown on the proposed Site Plan received September 8, 2408. CONDITiONA1., 115E PERMIT AND VARIANCE -- EFH CO, City Administrator Hedges intt'oduced this item regarding a Cauditional Use Permit to erect a pylon sign, and a Variance to allow a pylon sign within 304 feet of an existing pylon sign a€t property located at 1545 I~iffley Road. City Planner Ridley gave a staff report. Mike Whalen, representing EI+I~ Ca, discussed the proposed signage. City Council Minutes ^ctober 7, 2flD8 Page 5 Councilmember Fields moved, Coiincilmcmber Tilley seconded a motion to approve a Conditional Use Permit to et'ect a pylon sign on property located at 1646 Diffley Road legally described as Lot 4, Blnok 1, Di#fley Playa, located in the N W '/a of Section 28, subject to floe fallowing conditions: Ayc: 5 Nay: 4 1. This Conditional Use Permit snail be ~•ecorded at Dakota County within 94 days of approval by the City Council, and proof of recording submitted to the City. 2. A Sign permit shall be obtained from the City prim to installation aFthe pylon sign. 3. The sign shall be located as spawn an the Grading Plan dated August 6, 244$. 4. Landscaping shall be provided, u~stalled and maintained in accordance with the Landscape Platz dated September 9, 2fl08. 5. The sign shall be designed as depicted on the sign exhibit received Septernbes' 16, 200$. Cnuncilmember ktields moved, Cauncilmember 'Tilley seconded a motion to approve a Variance to allow a pylon sign within 190 feet of an existing pylon sign for the property located at 1646 Diffley Road legally described as Lot 4, Rlack 1, Diffley Plaza, located in the NW ~a of Section 28, subject to the following conditions: Aye; 5 Nay; 0 1. if within one year after approval, the variance shall riot have been completed ar utilized, it shall become null and void unless a petition far extension has been granted by the Council. Such extension shall be requested in writing at least 34 days before expiration and shall state facts showing a good faith attempt to complete ar utilize tnc use pe~xnitted in the variance. 2. The sign shall meet all other setback and sign requirements per City Code. I'IaANIVEI] DEVELOPMENT AMENDMENT (CIIR FQQllS) SUPI;RVALU, INC. City Admi~iist~'ator Hedges introduced this item regarding a Planned Development Amendment to allow a seasonal autdaar display of retail goods and a Planned Development Amendment to allow outdoor storage of shopping carts on property located at 1940 Cliff Lake Road. City Planner Ridley gave a staff report. Ann Thies representing Supervalu, Inc. stated Supervalu was in agreement with tnc conditions of approval as recommended by the Advisory l'Iatuiing Commission and that she was present to answer questions ^ftna Council. Cauncihnembers held a discussion regarduag the sloe of the autdaar display area in relation to the size of the Cub Foods building. Councilmember Fields moved, Cauncilnr~ember Tilley seconded a motion to approve a Planned Development Amendment to allow a seasonal autdaar display of retail goods on property located at 1940 Cliff Lake Road, Legally described as Lat 1, Slack 1, Cliff lake Cenp'e, in the SW '/a of Section 29, subject to the following conditions: Aye: 5 Nay: 4 i , An Amendment to the Planned Development Agreement shall be executed and recorded against the property at tl~e I:)akota County Recorder's office. 2. Tho applicant shall revise the 5ito Plan to provide decorative bollards which will idetrtify the display area. 3, The seasonal sales shall be allowed in the area as depicted on the Site Plan dated September 4, 2408. 4. All signage must meet City Code requirements. S. The site shall be kept in a neat aitd orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. Cauncilmcmber 1' iclds moved, Cauncilmember Bakken seconded a motion to approve a Plarnred Develaprttent Amendment for outdoor storage of shopping carts on property located at 1944 Cliff ].Jake Road, legally described as Lot 1, Slack 1, Cliff'Lake Centre, in the SW ,/ af'Scctian 29, subject to fhe following conditions: Aye: 5 Nay: 0 1. An Amendment to the k']anned Development Agreement shad be executed and recorded against the property at the Dakota County Recorder's office. 2. Drily outdoor storage of snapping carts shall be allowed per the Site Plan dated September 4, 240$. City Council Minutes October 7, 2DQ8 Page G 3. The enclosure shall be made of the same material and shall be of similar color tv the principal structure. 4. The applicant shall obtain a building permit for the construction of the masonry screen wall. INTERFM USE PERMIT - ALLINA HEALTH CLINIC City Administrator Fledges introduced this item regarding an Interim Use Penr~it to allow a mobile diagnostic unit to be parked on the property at T l 14 Yankee Doodle Road. City Planner Ridley gave a staff report, noting that Allina has beeta utilizing the mobile unit since 24173 and there have been no complaints and no problems associated with the unit. Cvuncilrneanber Iiields tnoved, Coltncilmerrtber Tilley seconded a motion to approve an Interim Use Permit to allow a trtobile diagnostic unit to Ire parked nn the property at 1 110 Yankee Doodle Raad, located at tlae southwest coiner of Yankee Dnadle Raad and Lexington Avenue, in the NE'/a of Section 1-5, subject to the fallowing conditions; Ayc: S Nay: D 1. The lnterim Use Permit shall be recorded at Dakota County within GO days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shalt terminate in live years (C7ctober 7, 2413}. 3. The interim use permit shall be subject tot an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked far failure to comply with any condition of ht permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The diagnostic unit shall be located as shown on the approved site plan received by the City on August 18, zoos. 5. The diagnostic unit shall not be parked nn the site aver~tight. PLAItiINEI) DEVELOPMENT AMENDMENT HOLIDAY STATIf3NSTDRES, INC. City Administrator I-ledges int~'oduced this item regarding a Planned Development Amendment to expand the gas pumps located at 3€]44 Holiday Lana. City Planner Ridley gave a staff report. Couatcilmember Tilley moved, Councilmember Hunter seconded a motion to approve a Planned Development Amendment to expand the gas pumps located at 3444 Holiday Lane, legally described as Lot 1, Block 2, ^akview Center in the NE'/4 of Section I5 subject to the fallowing conditions: Aye: 5 Nay: 0 Art Amendment to the Planned Development Agr'eerrsettt shall be executed and recorded with the Dakota County Recorder's ofhce, and proof of recording shalt be provided to the City. The following exhibits are required for the Planned Development Amertd~nent Agreemeart: • Site Plan • Canopy elevations • Site bighting Plan • Signage Plan PLANNF'Il nE VELUPMNT AMENDMENT -DAVID ANSARI 1954ItAHNCLI1Fli CO€3RT City Administrator hedges introduced this item regarding a Planned Development Amendment to allow on-sale liquor, add outdoor patio dining and a pylon sign at I9G0 Rahnclif£ Court. City Planner Ridley gave a staff report. David Arrsari was present to answer questions of the Council. City Council Minutes CctoUes• 7, 20fl8 Page 7 Cottncilmember kields moved, Councilmembcr Tilley seconded a motion to approve a Planned Development Amendmcnt to allow att-sale liquor, add outdoor patio Bitting and a pylon sign, located at 1960 Rahncliff Court, Legally described as Lot 1, Block 2, Rahncli ff 3"~ Addition in the N W '/s of Section 32, subject to the Following conditions: Aye:S Nay:0 1. The Planned IJevelapment Amendment shall be recorded at the Dakota County Recorder's Cf'rce within 6fl days of City Council approval. Z. Dn-sate liquor sales shall comply and Ue operated in accordance with all relevant state laws and regulations. 3. The outdoor patio shall be enclosed with a fence and have access from inside the buildirtl;. 4. Any existing trees removed from. the site for the remodeling sha[1 be replaced elsewhere on the property. 5. Submission of a revised plait showing elimination of f ve (5) parking spaces on the north side and expanding the patio in that area. Proof afeross-parking casements should be provided for' review by the City Attorney. LEGISLATIVE 1 INTERGOVERNMENTAL A>BFAIRS UPDATE There were nn items fat' discussion. At 8;34 p.m, the regular City Council meeting was recessed to immediately convene a meeting of the Economic Development Authority. At 8:35 p.m. the regular City Council meeting was rcconvetted. ADMINISTItATIVEAcENDA I. City 1Ldministt'ator Hedges requesting final direction from Council regarding the revised Carriage Hills Vision Statement. Discussion was held and further revisions were made. VISITORS TO BE HEARD There were n^ visitors who wished to be heard, ADJOURNMENT Cauncilmember Fields moved, Cauncilmember Tilley seconded a motion to adjourn the meeting at 8:55 p.m. Date Administrative Secretary I Deputy Clerk 9 Agenda Inforrxaation Memo QctoYscr 21, ~~~$ Eagan City Council Mccting I3. PERSONNEL ITEMS Item 1. ResignationJCri~x~e Analyst- ACTION TQ BE CONSIDERED: To accept the letter of resignation from John Rogers, Crime Analyst in the Police Department. ~~ 1lgenda Informaiion Memo October 21, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION Td BI+; C[)NSIDERED: To ratify the check registers dated October 9, 2008 and October 1G, 2008 as presented. ATTACHMENTS: • Check registers dated Octflber 9, 2008 and October 16, 2008 are enclosed without page number. Agenda Metaao Uctober 21, 2408 Eagan City Council Meeting CONSENT AGENDA: D. Adapt Red Flags Rule Identity Theft Prevention Prograiaa ACTIGN TU SE CONSIDERED: To adopt the Red Flags Rule Identity Theft Prevention Program. FACTS: • Th~~augh an email from the League of MN Cities a month ago, the City was rraade aware of a Federal requitement for financial institutions and "creditors" {defined to include public utilities} tta implement a "Red Flags Rule" identity theft prevention program. • Chief Financial [7lficet Pepper attended a training session an the Red F lags Bute requirements on Uctobcr 8 at the League offices. ^ The Rule does not charge the City with actively looking for identity theft fiaud, but rather, in essence, just keeping its eyes open for it. • The federal Trade Commission's Red Flags Rule specifically requites public utilities to: o Assign a program administrator, who slaguid o Convene an Identity 'Ilacft Prevention Coxnxaaittec, which shautd o Prepare an Identity Theft Prevention Program, which should be adopted by November 1, 2008, and updated periodically as identity theft risk factors change. ^ Chief Financial Uffcer Pepper was identified as the program administrator and selves on the Identity Theft Prevention Coanittee with Assistant to the City Administrator Miller and iJtility Biding staff members Jake Nicklay and Carol Tutnini. • An Identity Then Prevention Program has been pt•epat•ed, outlining how City staff can attempt to identify, detect, and prevent identity theft in the normal course of business, and mitigate the risk of a person attempting to defraud the City through identity theft, • Because vac do not want tea tip off anyone as to specific methods far detecting identity theft by making such information public, the Prevention Program is not included in the packet. ATTACHMENTS: None. The Program document is not included in the packet due to the security informatican contained therein, but is available tea Cauncilmembers for review upon request. Ja S Agenda Inforrr~ation Memo October 21, 2008, Eagan City Council Meeting E. DIRECT PREPARATIO OF AN ORDINAN E AMENDMENT TO CHAPTER I0 SECTION 10 1I REGARDING POTENTIALLY DA GEROUS DANGEROUS DOG REGULATIDNS ACTION TD BE CONSIDEREI3: Tv approve an ordinance amendment to Chapter ID, Section IO.I I regarding potentially dangerous and dangerous dog regulations. FACTS: - Staff is requesting approval o£an ordinance amendment tv Chapter 10, Section Ifl.l 1, Subdivision 1, Definitions and Subdivision 7, Potentially Dangerous and Daz~geraus Dugs. The Minnesota legislature made several amendments tv the statutory potentially dangerous and dangerous dog regulations during the 2008 session. ATTACHMENTS ~0): 13 Agenda Infvrativn ld'Iemv October 21, 2008, Eagan City Cv~ineil iVleeting F. APPROVE OFF- ALE 3.2 PER E T 1l~IAI.T LI UOR BEER LICENSE FOR EAGAN 2008 LLC DBA CUB FOODS #31794 LOCATED AT 1020 DIFFLEY ROAD ACTION Td SE CONSIDERED: Tt~ approve the vff sale 3.2 percent malt liquor (beer) license f©r Eagan 2D08 LLC, dba Cub Favds #31794. FACTS: - Eagan 2008 LLC, dba Cub Foods, l~s applied for an ofd sale 3.2 percent malt liquor (beer) license. - The members ofthe Limited Liability Company are SUPERVALU, INC. and Ra.dermacher Foods of Eagan, Inc. - The required documents have been submitted, reviewed and deemed in order by City s#afF and the Police Department. No reason was found to deny the license. ATTACHMENTS (0}: /~ Agenda Ynfnrmatiuu 1!~[e~no actnuer ~1, X408, Eagan City Cnuneil lVleeting G. DE LARE 13ICY LES TO BE L S PRG]PERTY ACTIGN TCl BE CONSIDERED: Tv declare bicycles tv be surplus property. FACTS: - Tl~rvughvut the year, the City acquires a variety of unclaimed and stolen property. State law permits the sale of these items to the highest designation as surplus property. - Because no public use has been determined fvr this property, the Police Department is asking authorization fvr the bicycles to he sold. - The City Council approved an agreement with Propertyrvom.com, an online auction service specializing in the disposition of unclaimed property and surplus City property. Prior to sale of the property through Propertyroamcom, the appropriate legal notice will be published in the Thisweek Newspaper. ATTACHMENTS ~I}: - List ofbieycles to be declared as surplus on pages ~~ through ~. /S ~ r~ V ~ a ~. m a su ,a 3 L M r N r r a r t~ ,>, d ~ ~ ~ tis ~. ~ ~ A ~ U [~ a--~ U ~ ~ a a Q ~ ~ m »Q o a ~ Y r ~ ~ o ~ ~ ~. a ~ v ~ a a a M 17.1 t"y 77J C S1F ~ ~ i .a tis ~ a ~ a ~ [7 CJ OT ~ ~ Z ~~ C ~# v m r m m a ~ ~ Li -~ ~ .C (L1 ~ C~ .~ ' ¢ o NN~ L L.i~ 5 .~ R ~ ~ v r ~ Y v 3 ~ ~ ff1 ~ ~ ~ ~ -x ~ m [~ ~ m rn +n v ~ c ~ ~ ~ v a a c • ~ r ~, ~ ~ ~ r ~ ~ ~ in ~ G. ~ ~ ~ lZ' 1- ~ ~ ~ ~ CI7 N w ~ 1`;, '~ {•} a ~l ~ C7 SG 47 !C s~ .Y Q7 ~'C t11 ~L ~ .Y d ;X d aC C7 ~C Qf aE C1 Y 6f X ~ :C y in m m m m~ p7 m m m m p7 m ~ ~ v r r r r r r r r r r '~-' r ~ ~~~ ~ E Q '~ t-' FV M ~ f[7 cp ~ ar d7 Q r r r [V r ~ ~ ^ ^ S ~~ ~~ CO ~ G r N r d r +~+ tlY i~ ~ s~ ~ as ~~ N .~ d -Y U ~ ~ z Q ~ }, ~ o ~ a v ~ ~ ~ Q ^ ~ ~ ~ ~ ~ Q. .:~ ~ ~ a ~ g a ta'3 ° Cal m ~ M ~ C ~ Q7 py ~ 'G OF a ER1 Q. R ~ a ~? a~ ~ m e U fL~ a U m ~L ,,~^ Yf '~. n N id G #k ^ ~ a7 Y u w [a 'C] nN 't3' N ~ R1 [Y ° ~ u ~ .,ro. 137 a ~ t t#7 ~ U ~ ~ C] Q N ~ ~ ~ a .~ ~ a x ~- ~ a ~~ 0~ 1 a '13 m a aC p ~ G Y ~ "~ J v . ~ ~ Y ~ ~ ~ (} m i6 ~ ~ C ~ v ~ ~ ~ ~ m ~ ~s sd ~ 7+ a ~ rn ~ ~ ~ c rn ~' ro x L >= ai ~ rn ~ t~ ~ L v ~ a a o ~ . n u~ m ~ ~ x o ~ ~n ~ ~ ~ :a ~ m ~ v ~ ~ ~ m x >~ ~ tl~i ~ ~ ~ ttl SC N Y QI ~' G qT ~C 07 ~C 4f .]C C7 '1 d .~C Cf .SC d 3 G 47 .~C D1 r' C ~ ~. y , m . ~ ~ ~ . ~ ~ _ ~ !~ ~ _ ~ ~ m ~ ~ ~ r r r r r r r r r r ~ r r ^ 4 ~ w ~ ¢ ¢ i"7 d' E[7 fp I~ 06 6? G r N M d' ~ ^ ^ r r r r r r r N N N [V N ~ S ~~. ~~ ~ ~ O C '~~' a r .Q y~ F ~~ N l'~ T •~ 0 ~~ ~, Q ~ ~ A ~ a N °~ Q. A m ~ Z 0 J ~ o ~ M fJJ C'i LEJ z ~ cs ~ ~ ~ ~a A ~ ~ .Y a ~? ~ ~- l~ ~rs c U EL" d Y V Ul Q GT LT C i#1 L L 3 G ^~ f..i U L U ~ ~ Y U ~ Q ~ 7 ~ U .~ ¢ p L .~ .~ ~. ~ a m ~ m ~ ~ ~ c a ~ ~- ' °f m .~ ~ t9 t? o~z fl. ~ Z ^ ~ . ~ _~ ~ ~ ~ Sa ~ ~ C a ~ ~ ~ ~ o ~ 3 a ~" ^ L o a ° n ~ .~ x ~ ~ [~ p q j D U tll Q ~ t~ C! _ ~ {/~ ~ ~ Z ~ V7 Z ~ ~ fL ~ ~ ~ v ~ ;.: C.1 ~ ' ~ as Y ~ ~C vs ,!C m .SC ar Y m .SC of SE r~ Y r- Y m .fC o- ~G ~ aG ~ y y ~ y ~ ix7 ~ m m m m a7 m [D R1 as :° 44nSS - r r Y r 0 „y~ n Y r r r e r r r Q ~ ~ ~ y7 [O t~ Oa Cl ~ Y N M ~ !n ~D ' ^ ~ ~ N N N N N [`] [+y r7 r7 c7 c•I ~"~ ~ ~ I T1 S ~~ ~g~ ~ ~ o `'" C7 N G r ~. ~~ N v ,~ C {-_~ U Q ~+ 'C 0 a v m qO L I..w ~_ M m S~7 N (R G? -. "~ Q Q. r'C u ~. as -~ n [~ m a i}l 3 C ffs ~. w ., v .~ ~ A ,,A V! A p C ~ ~ ~ ~ ~ d . ~ y ~ M ~ N . .~ ~ O7 h R{ L {~ II. ~ ~ U ~ ~ ~ ~ ~ /I~~ 4 ~ ~ Y Y Y Y_ Y_ Y_ Y_ Y_ ~_ Y ~1 [~ ~ tX1 E~3 ~] #3 fY7 FIB p] [~ W ~' r r r r e- r- r r e-~ ~r- r r d f. ov Cs C r N t'R ~t7 ep 1~ CO ~ ~ !7 M Cf d' d' ~ ~ d' d' d' ~ E a LL N 7 .~ L} MM~ ~r. 4i Zs. ~L m Y u m U F [tl Q Q L Qf Q 'o m Y C} .~ L.3 Q a .~ N b 5 C,) C d tS .fi N p~j 7C L1 U C ~ ~ 4 ^ ^ AGENI7A MIJMO Regular City Council Meeting October 16, 2~~8 CONSENT AGENnA H. Tobacco License far Cub Foods, 1 ~Z~ Diffley Road ACTIN TD BE CnNSIDERED: Approve a l~iccnse to Sell Tobacco Prod~zcts fnr Cub Foods - Fagan least #3l 794, l ~2Q Diffley Re3ad. FACTS: Scott Lichtenberg representing Cub Foods has applied for a license to sell tobacco products at their new stflre on Diffley Road. + All requirements of the application have been. met. + The Police Department conducted a bacleground investigation and found nv reason to deny the application. ATTACHMENTS: • None, The application is available for review in the Administration. Department. ~~ i AGENDA MEMO Regular City Council Meeting G~tober 16, 2008 CONSENT AGENDA 1. Massage Therapy Establishment License - Jennifer Myers The Bodywork Studio} 3352 Shernnan Court ACTDN TD BE CONSIIDERED: ~Lpprove a license for ~cnnifer Myers to operate a Massage Therapy Establishment (The Bodywork Studio) at 3352 Sherman Court FACTS: • Jennifer Myers has applied for a license to operate a massage therapy establishment at 3352 Sherman Court • All requirements of the application Dave been met. • The )'olive Department conducted a backg~•ound investigation and found no reason to deny the application. ATTACHMENTS: • None. 'l'he application is available for review in the Administration Department. ~~ Agenda Information Memo October 21, 2008 Eagan City Council Meeting .I. APPROVE APPLICATION FOR COMMUNITY LANDFILL ABATEMENT FUNDS. ACTI[3N TD BE CONSIDERED: Approve the submission of the 2009 Funding Application from Dakota County to operate a Recycling Prngranr~ for the Cities of Apple Valley, Eagan and Burnsvilie FACTS + Dakota County has funds available annually to help constituent cities pramnte and operate T~andfill Abaterent (Recycling} Programs. * The Cities of Eagan, Apple Valley, and Burnsville, formed a partnership ~Dalcota Valley Recycling} that combined their recycling program efforts in dune of 2003. Staff has prepared one application for ali three cities, which will be submitted to Dakota County to fund the program in 2049. • The application for the Conr~rnunity I ~andfzll Abatement l'rograrn follows Dakota County solid waste guidelines and recommendations. • The Cozxxmunity Landfill Abatement Application, Budget and the 2009 Work Plan are available in the City Administrator's office should Council Members wish to review there. * On approval, Dakota County will provide ~ 155,644 in base level funding far the Recycling Program. + The City of Burnsville is providing another $52,500 in funding for discrete programs within that City paid far by its Landfill tipping fees. ATTACHMENTS: + Lase Funding Budget for Dakota Valley Recycling is enclosed on page . ~~ 6ASL~ FllN©11VG bIJOGI"T, 2009 (Nate: to be considered a complete appliaatian, cities must enter estimated costs in appropriate sectlans of both A.1. & A.2.} Direct Salaries Direct Mifeage Direct Membership & Training & Subscriptiarrs Gansuffanf Services ar7dlor Temporary Helo Software Other {Lisf & lJescribe Admin Subtotal A. Z. Promationa#lEduca#ionat Casts DesignlPrinting Casts Distribution Costs Advertisements Videosf8illbaards Promotional Items Special Events 4Displays, Performance fees} Other {List & Qescribe} promotEd Subtotal B. Tata1 budgeted Amount [;. 2LiU8 E3ase f un~tsng Requested from County ~~* ©. Tatal LN1F Amount Requested t=ram County Ceur7ty Share *'" {at $2.40 per NFfJ 12E,887 soo 3000 130~L8T Communi[y Share " 27, 500 1000 1,000 29500 159981 TOTAL (Coun[ylCommunify combined) 15438T 75v0 avDO 0 0 0 Gounfy Share (at $2.04 par kN} 20,513 5DO 1000 2600 500 259'13 155,5{]0 155,500 Community Share ~ 13,000. - ~ 10,000 23000 525011 TE7TAL (CcuniylComrnuraity cambiRed) 3357 3 50D 1040 D 25D0 10500 0 48113 208100 155500 * Communities list city contributions for program in this column, (contributions are not mandated} ** Communities must enter budget amounts per line item *** Sase Funding Request may not exceed the amount autharixed by County Baard. **'""` Unexpended 2aQ9 Base Fund and LNfFamount may not be carried aver to 2U7U Fota! 2DQ9 Arnourrt Requested **** 15550D ~3 i Agenda Information Memo ^ctober 21, 2008 Eagan City Council Meeting I~. RESOLUTION REQUESTING EXTENSION OF THE Zll[1$ COMPREHENSIVE GUIDE PLAN [TPDATE SUBMITTAL -CITY DF EAGAN .ACTION 'I'D SE CONSIDERED: Ta adopt a resolution authorizing the submittal of request to extend the submittal deadline for the 2008 Comprehensive Plan Update. rACTS: - ~l'hc City Council authorized distribution of the Draft Update at their regular meeting of September 1 ~, 2008. - By statute, plan updates and amendments must be completed by December 31, 2008. Havvever, Minnesota Statutes section 473.864, subdivision 2, authari~es the Metropolitan Council to grant extensions to local governments that require additiona[ time to complete their "decennial" review obligations and male necessary amendments to their comprehensive plans, fiscal devices, and affzcial controls. - Entities on the distribution list are allowed up to six months to revview and provide canzment on the plan update. This will not allow submittal aF the Draft Update to the Metropolitan Council before the end oFthe year, - The Metropolitan Council has adopted a resolution which states that local units of gaverc~nent may request an extension of the Dccenzber 31, 2008, "decennial" - rcview deadline to April 30, 2009. - If a city intends to request an extension, the local governing body must adopt a resolution requesting additional time and must provide a timetable and a plan for completion and submittal of the comprehensive plan update to the Metropolitan Council to no later than April 30, 2009, - Ta have the request considered, the carnpleted request farm and accompanying resolution must be received at the Metropali-tan Council offices by November 1, 2008, The Metropolitan Coruacil will kindly respond by letter to extension requests, indicating whether the request has been granted. A"I"I'ACHMEN"I'S: {2) Resatutio~a an pager . Extension application on pages ~ and~_. ~~ cl1TY or EAGAN RESOLUTION No. za~s- RESQLUTIION REQi3ESTING ADDl1TX4NAL TIME WITHIN WHXCH To COMPLETE CUMPHEHENSIVE PLAN "DECENNI.AL" REVIEW DBLXGATIONS WHEREAS, Minnesota Statutes section 473.8G4 requires local govern€nental units to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans confor€n. with metropolitan syste€n plans and ensure fiscal devices and official cont~•ols do €~at co~aflict with comprehensive plans or permit activities tl~at conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473,8b4 require local govenimental units to complete tl~eis• "decennial" reviews by December 3l, 200$; and WHEREAS, Minnesota Statutes section 473.$f 4 authorizes the Mefropolitan Council to grant extensions to Local governmental units to allow local governmental units additional time within which to complete the "decennial" review and amendments; and WIIEREAS, any extensions gt~aa~ted by the Metropolita€~ Council €nust include a timetable and plan for completing the review and azrzendznent; and WHEREAS, the City will not he able to corrzplete its "decennial" €~eview by December 31, 2008, due to WHEREAS, the City Council finds it is appropriate to request from the Metropolitan Cot€ncil an extension so the City can have additional ti€ne to co€nplete and submit to the Metropolitan Council for review an updated comprehensive plan and amend its fiscal devices and official controls. NDW, THERFQRE, BE IT RESOLVED. SY THE CITY CUllNCI[, OF EAGAN, MINNESOTA, AS FOLLOWS: 1. The City Adnrtinistrator is directed to submit to the Metropolitan Council no later Phan November 1, 2008, an application requesting an extension to May 29, 2009. 2. The City Administrator must include with the request a reasonably detailed timetable and plan for completing; (a) the review and amendment by May 22, 2009; aa~d {b} the review and amendment of the City's fiscal devices and official controls. Adopted by the City Council of the City of Eagan, MN on October 2l, 2008- Approved: Attested: Mayor l~dministratar ~r H:1My I7ncumentslC:ity Council ~tuffl20081)1xt Rcs U8 (2).dvc ~~ Metrapoliitan Cnunail f REQUEST FOR EXTENSION OF PLANNING PERIOD Completed request form and accompanying Resolution must be received at the Metropolitan Council offices by November 9, 2048. Your responses to the following questions wit[ provide the Metrapolitan Counci! with information needed tv help ensure plan camptetion. Carr~munity Name pagan ~ Request Date 1 []-2 ~ -08 Community Contact Person Mike Ridle ; AICP Phone 651-678-5650 Email Address mridiey c~ cityofea~an.co€ri F'ax 651-fiT5-5694 PLANNING PRGCE55 TIMELINE: Please provide tine target dates for each step of the planning process identified below. process Step Target Date Completion of draft plan text and snapping August 2008 Initiation of b-month reviewlcomment period by adjacent jurisdictions, affcctcd special districts, and school districts pctober 2008 Public hearing date August 2008 City Council 1 Town Board 1 County Board action Se tembe€• 2008 Date of plan submission to Metrapolitass Council Prior to Ma 29, 2009 Completion of fiscal devises and official coat€•ols €~eviewlamendrnent Decembe€• 2009 Please note that a target date for plan submission to the Metropolitan Council after May ~9, Z449 will require a presentation tv and formal action by the Metropolitan Council. [f the Target Date far plan submission Is prior to May 29, 2449, the extension may be administratively granted l,y the designated Metropolitan Council staff. PLANNING ISSUES: Please place a check€nark tf}next to the issues) identified below that are canfributi€sg to the need far the requested extension. © Staff workload ^ Contract plassner delays © Issues affecting adjacent communities ^ DatalmappinglGlS ^ MUSA expansion issues d, Area development or redevelopment plan(s) in process ^ Planning CommissionlCity CouncillBoasd member conce€~ns l~ Population, household, employment forecast issues © Sewer flow forecast issues © Growth staging plan © Public participations process ^ Metrapolitan Council density policy issues ^ Developsneni of plan components: o Existing land use Q Fuhire land use O Housing ^ Surface water management o Transpos•tation O Sewer Plan ^ ParklDpen Space Plan ~ Water Supply Plan O Historic I'reservatinn Plan o Implementation Plan Q Critical AreasIMNRRA ^ ^thcr ~~ QTHER COMMENTS: I'l~ase provide a3~y additianttl cnrr~ments here, included explanations as needed ~f planning issues checked on the pravious page. Include a realistic appraisal of your community's ability to subanit your updated plan for review by indicated deadline as well as the subsequent ~'eviewlarnendinent of fiscal deices and official controls. {Use additional sheets as necessary.} The City of Eagan began wanting an its Comprehensive Plan update in early 2Q07. The process vutfined was deemed sufficient due to the quality of the existing Comprehensive Plan and infrastructure plans that were already underway. However, as the comprehensive planning process proceeded the City determined that its population, household and employment forecasts would need tv be revised. The revisions were the result of discussions with the Metropolitan Council, a settlement an the lawsuit regarding Carriage Hilds Gvlf Course, and information gathered from the ©akvta County Community Development Agency's Market Study far Commercial and industrial Space in Dakota County completed this summer, As these forecasts directly influence the traffic and sewer flow analysis, subs$quent updating to those plans was needed. The Comprehensive Plan should be completed by the middle of May, ZUD9. The draft Comprehensive Plan will be sent far review by adjacent jurisdictions and agencies in October 20Q8. The six month review period will end in April 2flQ9. The City will then have several weeks tv make any needed changes prior to approving the formal submission of the Comprehensive Plan to the Metropolitan Council. 1-1:1My I3~aciin,enlslC'~!V ~'ilif~tc~l St~itfIZU08t~Gli Ea-t_A~3~_f}R.dnr• Agenda I~~fa~•rriatinn 1V[ernc~ Octni~er 21, 2008, Eagan City Council Meeting I~. FINAL PLAT -- RIVER HILLS SiIBSTATION ACTION TO SE CONSIDERED: To approve a Final Plat (River Hills Substation) to create one lot on approximately 1 acre located in the SV~T'/a of Section Z. ItEQijIRED VOTF~S FOR APPROVAL: Majority of Councilei~sbcrs present FACTS: - The plat and recording of sanac will allow a building permit to be issued for the replacement of switclagcar equipment. ~ The unplatted property is coned PD (Planned Development} and is adjacent to Cliff Road [CS~1H 32}. ~ 75 feet wi11 be dedicated as public right-of way. - The property is a dista•ibution substation. ATTACHMENTS (2}: Location Map, pagc~ Final Plat drawing on page ~~ Eagan Boundary ~ L ~ ~ ~~' ~ ~ ~ ~ ~ Might-of-way ~ 8arcel Area A ark Area ~ ~ 6u€€ding Raotprint ---- ~~1 ~~ ~ ~ .., ., ~ o- ~`~~ ~n~ ~re~ ~--------- p '` _ ~ ~ a p.; .. ._~.. 9 .:.E ~ . ~ ~ I ... .. -~. -- p ~ - ` ., ~~ , f ~` z ~ 1 - ~ J ~~ ~~ ~ ~ ~ ~ ~ ~ ~• ae. e a~ 1 - ~ ~ p4 .Y ~ ,. ~ .. u ~~ ~~~]]] a G7 .::.. ~ _ ~ C? _ ~ ~ - 'r ~ ~~ ~ a ~' I ~ ~ cc,~,s 2 ~~ ~ +' ~ ~I i. '~ _ _... _......._._S ` n w ~ ~r~ i ~,~~v~svt~1~ ~ °p Sub'ect Site ~ i ~~ ~ -. _ ,; ~ ~~~y~:.~p ...-g tiii - ~ n. ~ eK - _ K 91h ~ ~ .. .. ~ ~ ~ 4 1 1 ~ gnu ~ ~ ~ ~ d a ~ ~ ~? ~ Q '~ ~~~ ~ ~~ t~l ~ ~ ~ ~'- ~8e ~~ ~{~?~~i ~~ `'~~~a~`~ '~ e~~~ .~ ~ ~' crap ~ ~ :, Q `~ ~` 4 to[)0 a soon ~a00 Fee€ Deuel vprr~entl©evelaper: Rimer Hills Substation Application: Final Plat Case l+lv.: 3©-FP-06-09-08 f11f {~Ep 1] 1]T~ ~ off. F~~ 6~ 1f1 (1~If~1 'C }I€S €57Ap IS fIJTEHt}EO FUR REFEREtJ CE 135E ONLY The C€ty of Eagan and Dakota County da not guarantee the accuracy of lhls lnfarmatian and are 5 CnmonunFty I7cvclapmonS acpartmant Rat reBparl8ih38 far BrCBrS Or omission S. ~~ ~s ~ nags ~ a = ~ f ,- off: e ~ - ~ e~d3 ~ ~ $ x ~ ~€ ~~ °i a g<<_ .° ., co°, 5 u 3 0 ~ 'f7- ;° °_+.g tee" $ 4 ro'6~3 ~.a $ € 3 o s _ '8 F _ ~, ~'~" ° ids ~ t 3F 'Ecce ~- ] f 1j a a v5 - ~~ a 0-~a e `e8 8 .~ ~ Y e - ~ ~ o 'e 8 S; t ~ ~a s: s ~ 7 a °aac~s ~ ~a saes=° ~'; e ~ s ~ s';~~ 3~: ~ ( ~ a g ~~ a s s & Lr~Se ~a z o~ 3~- F~ 5y E .$__ ~ ~ c' q Y 2' ~e ~ SY~¢~ ygA o ~ ~ E ~ ~ e ~gd;p "g [[ ; ~ ~ ~~ ~ o~ ~ os = 5e5°e Y`~r .R ~ m L7 xx =Ea`y: ~z ~ E ~1 ~ m ~`d m _ _" m ~'- ~ `o `a 6~c ~ ~is '~EgL ~~ $ c ~3 ~ a ° ^$ na~ ya i^~ So~B~ 4: ~p sa ss ~° - .,°e~o .q~ o °a'~ S n gs `~$ °y eraa_° 9dsa g°+.~ ~ 4~~ q~ _ .a~a ~ ~~ ~ ~g d E Z gb ~ _ F xa ~4~~s z.$~6 ~ ~ ~8 ~~"8 d: `Ya~I~ b8 ~e o }~ w d ~ _ ~ ~ o `SS '; ~. a € ------ ~-- -- ~~~ _ ,. ' y Lm m L_.__....~..___. ~ r`~, ~ ~ _i .. ~ , _ ~ v .... ~ .... , , I , ~ w 1 ~ ___..._._._.-----------~ ~ ~ 4 J ~ ~_ ~ ~ •t _ ~ ~~ ~ '` ~ ~~ `. i ;, ., W _~ ~ arlr~ +tiso,lwos W°c k w ~.z ~ ~ ~_ --J - ~/~// s3 3 e~ ^ ~- W~ r f ~ 1 I 3 I~ f 1 11~ K - J C: j j ^ 3 C] j j^ ~ `~` - i r ~ ~ i w^~ 1 1 f =~~ 1 1 N ~' ci A 1 ^ ~'! ~ GmH. Yn~g rl , s 3i s o °v 1 ~b~3 ~ ~, x ~ x r o~n` ~~ ~° ~! a ~ ~' ~ x w °~ t Y~nm ~~ ~f I ~ ~ 4 ~ ~~~~ .~ ~i ~ i ~ ~ J I ~~~o ~M./~ C 1 ,• 3 1 ~ E 3 1 i ]^] ~ Y 1 j 7 3 '~" i 1 ~ ^ ~~ I 1 1 1 1 1 e I t I ~ Ya 1 J {^ si 3 W m q 1 W ~~ ~ 1 ~J 3 i ! I ~ ~ ~#c 3 I ^ s3 ~ ozn o 1 ~~ ' 1 ••_ eLUrm ~sx•~ms 'fu A rif v5H ~~~'L~M t] ~ gpr ~ ~ u f [ ~~ is oti~ ~ a d~ o ~ P G~ ~~ te! •~ V W W ~_ ~) ~~ Agenda Infor~natiun Mema Eagan City Cnun~il Meeting Consent Agenda Uct©ber 2I, 208 N. DIRECT PREPARATION OF CITY CUDE AMENDMENT REGARDING WATER SHUT OFFS IN CERTAIN CIRCiTMSTANCES ACTION Td BE CaNSIDERED: To dixect the preparation of a City Code Amendment to permit water shut offs in certain circumstances. FACTS: v The City follows a policy under which water and sewer utility account delinquencies are remedied by certifying delinquent balances to the County for collection with property taxes. This method has been used in lieu of discontinuing water service, because it assures collection through the ordinary property tax system and it reduces the time required for utilities staff to perform service shut offs and turn ans. ~ As foreclosures and foreclosure related property vacancies have increased in recent years, there has been a corresponding incidence of situations in winter weather in which frozen pipes have burst and water damage has been incurred in vacant properties because the electric and gas utilities have been shut offeither at the request ofthe vacating resident owner yr due tv account delinquency, but the water service has remained on. ~ During the Za~$ Legislative Session, a new law was passed that rcequires electric and gas utilities to inform cities of disconnections of their services to permit cities to track the properties and, during winter weather, to shut off water services to limit the potential for property damage. In addition, when those utilities are not in service, floe property is uninhabitable under the Building Code and should not be occupied. The City Cade reflects the current policy and authorizes the certification of delinquencies to the property tax bill. While the City may also discontinue a service for non-payment, the City Attorney and staff recommend that a code amendment be processed that would provide the option for the City to shut off water service in circumstances in which property damage may occur, such as the disconnection a# gas and electric service. ATTACHMENT5: • None ~~ i Agenda Infnranation Memo Dctal~er 2I, Z0~8 Eagan City Council Meeting D. PRQ_.l_E_CT 9G3, NICDLS RDADI NANCY CIRCLE - STREET IMPROVEMENTS FINAL ASSESSMENT ROLL ACTIaN T4 I;E CONSIDERED: Receive the Final Assessment Roll far Project 9G3 (Nicols Road) Nancy Circle -Street Improverncnts} and schedule a public hearing to be held on November 18, 2448. FACTS: • Project 953 provided for the street rehabilitation flf Nicols Road, between Meghas Lane and Icings Road, and .Nancy Circle, in southwest Eagan. The street improvements were completed as outlined and discussed in the feasibility report, • This project, constructed under Contract 08-44, has been completed, all costs tabulated and the final assessment roll prepared. The asscssznents are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the f nal casts to be levied against the benefited properties. • An informational neighborhood meeting vaill be scheduled prior to tl~e final assessment hea~~€ng with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on February 19, 2408. ~~ Agenda Information Memo Octnher 21, 2UQ8 Eagan Gity Council Meeting P. , PRfl~ECT,95'7~_WESCOTT ROAD (LEXXNGTON AVE TO HWY 14~} STREET IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Firral Assessment Roll for Project 9b7 {Wescott Road -Street Improvements} and schedule a public hearing to be held on November 18, 208. FACTS: ^ Project 9b7 provided for the street rehabilitation of Wescott Road, between approximately 3Qfl feet east ^f Lexington Avenue and Highway 1.49, in east--central Eagan. The street improvements were completed as outlined and discussed in the feasibility report, • This project, constructed under Contract ~8-~4, has been completed, all casts tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This ro11 is now being presented to the Council for- their consideration of scheduling a public hearing to formally present the final costs. to be levied against the benefited propertres. An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. ^ The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on March 3, Z~08. 33 Agenda. In~'oe•mation Memo Uctolaer 2I, 2U~8 Eagan City Council Meeting 4_ BI1ACl(CDDG AND GUN CLUB LAKE WATERSI-IED MAIYAGF~MENT ORGANIZATIONS ACTION TO SE CDIVSIDERED: I. Delegate the authority to appoint the Com~nissianer and Alternate for Group AA of t11c Blaclcdag WMG to floe City of Apple Valley and afFrm the applications of Mary Hamann--Roland as Caa~~missianer and Steven David as tl~c Alter~~atc. 2. Appoint Douglas I~rieiclr as the Alternate to the Gtn~ Club WMO. FACTS: gLACKDOG WMO • The Slack Dag Watershed Management Grganiaation ~BDWMQ} was created by a Taint Powers Agreement ~TP11} between the cities of Burnsville, Apple Valley, Eagan, Lakeville acid Savage in the rnid-1980s to cooperatively manage the water resources of the watershed common to these conaznunities. The City of Burnsville ~Graup A} has the Largest land area in the watershed and appoints three ~3} of tl~e five (5} camnaissia~aers to its Board of Commissianea-s Board}. Apple Valley and Eagan ~Graup AA} share one ~1 } commissioner. Laleville and Savage ~Graup AAA} share the remaining commissia~~ea-. each groL7p also is represented by an alter~iate carnmissianer. The terms of all hve ~5} commissioners and three [3) altea~nate commissioners expire on November 1, 2408; however, carnmissianers will continue to serve ruztil tl~ey are either reappointed ar replaced. Currently, Apple Valley and Eagan are represented on the Board by Commissioner Mary Hamann- Italancl Apple Valley Mayor} acid Alternate Ca~nmissianer Steven David (Apple Valley Citizen}, Botl~ individuals have expz-cssed an interest i~1 being reappainteci and will be cansiderecl for such at tl~c October 23 meeting of the Apple Valley City Council. Far the Group AA appaintanents, the TPA states that the City Councils of Apple Valley and Eagarl can either appoint a delegate franc cash city to tl~en meet and select the representative Commissioner az~sd Alter~aate, ar they can select them directly by mutrial consent. Eagan also received an application from Mr, Douglas I~iaeich expressing an interest in tl~e Alternate position far the Blaclcdag WMG. Although it's not a require~xzent, it is noted tlaat Mr. I~~~cich resides within the Gun Club WMG boundaries rather than the Blackdog WMG watershed. GUN CLUB LAKE WMO • Similar to the makeup of the Blaclcdag WMD, there is a TPA designating S camn~issianers to be appointed to the Gun Glub Lalce WMC1 Board. Three Commissioners and an Alternate are fronrz the City of Eagan, r~vith one CarrLmissioner and Alternate eacl~ from Mendota Heights and Laver Grove Ileights. • Earlier this year, the Council appointer) our 3 Cammissiorrers, brit there were ins~ifficient applicants to appoint ari Alternate. • Mr. I~rieich was asked about his willingness to serve as ari Alternate to floe Gun. Club WMG in lien of his application to the Blaclcdag. Since Mr. I~neich resides with in the Gun Club boundaries, he expressed interest in and agreement to that option, Since Eagan has a much smaller land area iri the Blaclcdag WMG as compared to Apple Valley azad there are no other prospective applicants from. Eagan, it would be reaso~~able to delegate the authority to appoint our mutual Commissioner anti Alternate to the City of Apple Valley and afFinn their selection of Mary I~Iamann-Roland as Caarlmissioner and Steven. David as the Alternate far Group AA. ATTACIIMENTS: ^ Douglas I~nerch application: forwarded witho~it page number. Agenda In#'ormatinn lVlemo Oetnber ZI, 208 Eagan City Council Meeting R. CAPITAL IMPRQVEMENT PLAN {2QOg-2013) ~DAI~QTA COUNTY ACTIN TD BE CONSIDERED: Approve Dakota County's draft S-year Transportation Capital Improvement Program for 2049-2013. FACTS: • At the May 13, 24f38, Special Council ~]~Torkshop, the Coiuicil reviewed and discussed the proposed Publzc ~orl~s Department's 5-year Capital Improvement Program ~CIP} far 2009-2013. After consideration, the Council affirmed the draft CIP. + 4n Tune 3, the City Council approved the S~year CIP as discussed at the May 13 Council ViTorkshop, including improvements to County Highways that are important to the City of Eagan. Since the County and City share the cost of all County Highway improvements on a 55145 split, a comparison of our requests to the County's current CIP were forwarded to the County for consideration irz preparing their next CIP (2009-2413) • The Dal~ota County Transportation Department has now completed their draft 5~year CIl' for 2009-2013 which is scheduled to be presented to the County Board for approval on December 16, 2048. • After reviewing Eagan's CIP, as well as their own County Transportation Plaza, the County lzas included all of the County Highway improvements proposed lay the City, such as major road upgrades, but doesn't reference specific signalised intersection or trail improvements. The County CIP includes funding For such minor izrzprovements, but does not commit to individual project areas. • The County has now requested that the City formally approve the County's draft CIP for 2449-2413. City staff has reviewed it and found it in order far favorable Council consideration. ATTACHMENTS • Goxrzparison of City and County CIP's, pages ~ through ~. i 5-vr Capital, Improvement Plan {CIP) Eagan {2049-2413} vs. Draft County 1;2409-2fJ13} October 14, 20[}8 NA=Nat Addressetl CIF lMPROVEMEN75 Eagan's App'd Qraft Co. (2005-13 C1P] [2409-13 CIP] ROAt35 1. Promenade Ave {CSAH 28, Yankee ^aadle Rd to Town Centre br) 2fl10 2009 fJesign New Urban 2-Lane {36' wide} 2(310 RpW 2011 Const 2. CSAH 25, Lone pak Road {TH 55 fa Inver Grove Heights) 2(313 2411 Design Upgrade to urban 4Lane Qivided wl Trails 2012 RpW 20'[3 Const 3. Northwood Parkway {CSAH 31 to Qenmark Avenue} 2(3[38 2009 Construct Overpass 4. Borchert Lane {Thresher Field to TH 149} New Urban 2-Lane {36' wide} 2fl 13 NA 51GHAL51 I N7ERSEC7iON5 1. CSAH 30, 17iffley Road at Rahn Raad Intersection ReconfigurationlTraffic Control Upgrade 2. CSAH 43, Lexington Avenue at Narthview Park Raad New Traffic 5igna! lnstallation 3. CSAH 34, biffley Road at 131ackhawk Road Intersection Reconfiguration {NB Right-turn} & Traffic 5igna! Modification 4. CSAH 28, Yankee ^aadle Raad at 7N 13 Traffic Signal Modification 5. CSAH 32, Cliff Road 1 Cliff Lake 1 Rahncliff Raad Intersection Reconfiguration & Traffic Signal Modification 6. CSAH 28, Yankee Doodle Raad at Prarnenade Ave New Traffic Signal lnstallation 7. CSAH 34, Diffley Road at Nicols Raad Intersection Reconfiguration & Traffic Signal ModificatioNRaundabout S. CSAH 32, Cliff Road at Nicals Raad Intersection Reconfiguration & Traffic Signal MadiCcatian 9. CSAH 32, Cliff Road at ,Johnny Cake Ridge Raad Intersection Reconfiguration & Traffic Signal Modification 14. CSAH 34, Diffley Road at Cedar Avenue Intersection ReconfigurationlTraffic Cantrol Upgrade 2008 2049 2008 2009 2009 2010 2011 2011 2411 2011 2009 NA NA NA NA 2011 IVA 2009 Design 2010 ROW 2411 Canst 2409 Design 2410 RAW 2411 Const NA County's Gast Estimate $114,440 $275,400 $1,[302,544 $84,586 $419,fi24 $1,127,902 $875,000 $673,754 Est by City $632,5(30 $'s 54,4(30 Est by City $65,040 Est by City $50,404 Est by City $75,444 Est by City ~ 125,400 Est by City $250,000 Est by City $47,520 $128,315 $415,594 $29,704 $fi4,134 $294,474 $440,440 Est by City G:IC1P'slDakoia Coun€ylCiiy'fl9-9 3 vs Co. Dra€t'09-3 3 C3P, 3 Q-8-a8 S 11. CSAH 25, Lone Oak Road at Lone Oak Drive 2413 2093 $965,000 New Traffic Signal lnstaliation Est by City 12. CSAH 26, Lone Oak Road at TH 55 2413 2093 $125,000 Intersection Reconfiguration & Traffic Signal Modification Est by Clty 13. CSAH 2$, Yankee Doodle Road at Elrene Rd 2093 2010 DESign $11,000 New Traffic Signal Installation 2011 ROW $27,500 2012 Canst $910,000 14. CSAH 28, Yankee Doodle Road at Mike Collins []rive 2093 2014 Design $9 9,000 Intersection Reconfiguration 2019 ROW $27,500 201 Z Canst $'[ 10,000 15. CSAH 28, Yankee Qandle Road at Bluecross, Coachman & Federal NA 2409 $'[11,500 Signal Revisions {3} 16. Chapel LnlBorchert Lane @ TH 949 2093 NA $125,OQ0 New Traffic Signal Installatain Est by City TRAILS 1. CSAH 26, Lone Qak Road {Pine Ridge Dr to 350' E of Woodlark Ln} 2409 NA $96,555 Overlay 1725'} Est by City 2, CSAH 28, Yankee Doodle Road {Coachman Rd to Centro! Pkwy] 2009 NA $55,825 Overlay {2,039'} Est by City 3. CSAH 30, Diffley Raad (Lexington Way to CSAH 43,Lexington Ave} 2009 NA $15,206 Overlay {710`} Est by City 4. CSAH 30, L]iffley Road {Countryside Dr to TH 3} 20139 NA $30,814 Overlay {1,350'} Est by City 5. CSAH 32, Cliff Road {Nicols Road to Cliff Drive} 2409 NA $15,538 Overlay {565'} Est by city 6. CSAH 32, Cliff Road {Ridge Cliff Dr to Beacon Hill Rd} 2{3{39 NA $95,225 Overlay {594'} Est by Ciry 7. CSAH 32, Cliff Road {Thomas Center Dr to Thomas Lake Rd} 2[309 NA $25,575 Overlay {930`} Est by City $. CSAH 43, Lexington Avenue {Duckwood Tr to Westbury Car} 2490 NA $106,136 Overlay {4,650`) Est by City 9. GSAH 31, Pilaf Knob Road (Wescott Rd to Civic Center Dr} 2010 NA $'!3,750 Overlay {500'} Est by City 10. CSAH 31, Pilot Knob Road (Michelle Dr to Deerwood Dr} 2[310 NA $14,575 Overlay {530'} Est by GIty 11. CSAH 32, Cliff Road {Cinnamon Ridge Rd to Nicals Rd} 2011 NA $60,500 New Construction North Side {2,500`} Est by City 12. CSAH 30, Diffley Road {I-35E to Heine Strasse Rd} 2011 NA $99,745 Overlay {4,370`} Est by City G:1CiP'slOakols CQUnfylCily'~8-13 vs Cfl. praft'p9-13 ClP, 10-8-DS ~~ 13. CSAH 28, Yankee C3oodle Road {I-35E N Exit to ^enmark Aye} 2012 NA $15,958 Overlay {580'} Est i,y City 14. CSAH 28, Yankee Coddle Raad {Cenmark Ave to Promenade Ave} 2012 NA $42;fi25 Overlay {1,550'} Est by City 15. CSAH 26, Lone Oak Raad {TH 55 to Inver Grove Hts] 2[313 2813 $137,500 fVew Construotian Both Sides {18,400'} Est by City 16. CSAH 28, Yankee Coddle Raad {30{3' W of Heritage t.n to Heritage L 2013 NA $8;250 Overlay {300`} Est lay City 5 Year Total County's Estimate of City Participation) $8,59U,955 G:1CiP'slDakota CauntylCify'(1.~13 vs Ca. ^raR'i}&t3 C1F, 1~8-fl8 Agenda X~~furmation Memo Octvher 21, 208 Eagan City Cor~ncil Meeting S. CONTRACT 08-U8, _ZQ~8 CITY-WIDE TRAIL IMPRaVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 far Contract OS-OS ~2~08 Citywide Trail Trrzproverrtcnts} and authori~c the Mayor and City Clerk to execute all related documents. FACTS • Contract a8-OS provides for the construction of new and overlay of old trail scgrnents and the installation of new sidewalk, including utility relocations and retaining wall construction, in six general areas within the central portion of the City. The sidewalk or trail improvements are adjacent to the following collector street segments: o Silver Bell Road Cedar Grove Parkway to Blackhawlc Road -north side} o Coachman Road ~Yankce Doodle Road to S5~ feet south -east side} ^ Federal Drive Yankee Doodle Road to Royal Oak Circle -west side} a Elrene Road Bridle Ridge Road to Canter Glen Drive -west side} o Northview Park Road (Braddock Trail to Elrene Road -south and east sides} • The trail construction on Silver Bell Road includes the relocation of water main hydrants to accommodate the proposed trail location. ^ Change Grder No. 1 provides for the installation of additional gate valves on the existing grater main on Silver Bell Road from Cedar Grove Parkway to Blackhawk Road. This installation of these additional gate valves will provide adequate isolation of water main segments, which enhances water service in the area. This change order also provides for the reconstruction of an existing water pressure-reducing valve manhole to allow for enhanced access to the valve. (ADD $28,625.0} ^ The change order has been reviewed by the Engineer7ng and 1_Ttility Divisions and found to he in order foa• favorable Council action. • The change order provides for a total ADD of X28,625.00 X8.3°/0 of original contract}. 100% of the costs will be financed through the City's 'Lnl ater Utility Fund. 39 Agenda Information Memo Dct[~ber Zl, X008 T. US POSTAL SERVICE BULK MAIL FACILITY EXPANSXDN GRADXNG -CITY GRADXNG PERMIT ND. EX-I U-D803 CONSTRUCTION VVDRKING HOURS TIME EXTENSION ACTION TD BE CONSIDERED: Approve an extension of the daily site construction work hours for Bolander & Sans, Inc., under the U.S. Postal Service Bulk Mail Facility Expansion gradinglexcavation permit, to begin at 6:a~ a.~n. CDTICST. FACTS: The City Code Section 1 x.37) allows far the Operation of construction equipment bctwcen 7:~t] a.xn. and 14:0 p.m., Monday through Saturday, except far legal holidays, unless otherwise approved by the City Council. Phase I grading and excess material hauling are being completed in conjunction rn+ith the U.S. Postal Service Bulk Mail Facility Expansion grading activities under terms of a Gity ~nadinglexcavation permit with Balander & Sans, Inc. The USPS contractor, Bolander, is requesting the working hours daily start time be extended to ~:~~ a.m., Monday through Saturday, except far legal holidays, in order to complete a majority of the grading and excess material hauling in the 2Q08 construction season. The expressed intention is to cease operations daily by 7:0~ p.m. Agenda Tnforn~ation Memo Uctc~ber 21, 21708 Eagan City Council Meeting U. ACCEPT a don~tio~i from I~o`vzIsi~i's M:-~•lcet f'~~• tl~e 20178 Piallr~~vee~~ Ff~c3~ei~ndge event. ACTIUN TU BE CUNSIDERED: 11.ccept a donation of ~30d and 1,000 plastic bags fz-on~ Kowalslci's Ma~~l~et for the 2008 Hallawee~~ Hodgepodge event, FACTS • I'he Halloween Hodgepodge event has been a very sitccessf{il evei7ii~g f'or cl~il~ire~~ oi' all ages to enjoy the Halloween season at tl~e Eagan Cc}inmtinity Center. * Kovvalski's Marlcet approached the City cif Eagan for opport~~nities to donate money or sl€pplies that would help enhance this popular event. ^ no~~atian dollars wcrc 13~2dgeted for 20€78 to allovv this colnan~~~7ity program to be hostel by interested local partners. ^ ICowalslci's n~arlcet will donate 1,000 plastic bags tc} he clistrihtiteti to participants along vvitl~ X300 in gift cards to purchase candy for the event. ATTACHMENTS: • None. 4/ 1lgenda 1Vlerno Dcfc~l3cr 21, 2[)Q8 City Council Meeting V'. APPROVE the 200 20~~ Fee SchedYale fQZ• tl~e Ea an Coinnl~rnity Cez~te~•. ACTION TD BE CONSIDERED: `lo approve the 21.(],2[]71 free schcciule for the Eagarl Con~n2~.i.~~ity Cc~~ter r~s presented. FACTS: • The City Council generally reviews p~~opnsed fee scl7edtile as par[ ottl~ci~~ annual In~clget review. ^ The fast change in rental fees nccu~-red in 2Cl€}{ for the 2Q0812~0~ scasai~. • Because reservations cara he made 18 t^ 24 naontl~s in advance tlac nut~~bcr cif rerl~~ests ft~r 2f11 f3 reservations is increasing resulting in the need to have a fee st~l~ctl~c-e i ~~ p lace. • Prices are reviewed and compared each year to ensr~re that the comr~~r~nity ccE~tc3~ is keeping pace with coml~arahle facilities. ^ Tl~e prflpflsed tees suggest changes to tlae rental rates for the C)al~s, r~~ccti3~g i-nnr~~s and I31ast 171'IVatC rClTta15. The la~'gcst 1l~CrcaSG p~'oposed CaptLll'C5 the gl'OV+rii~g vlieel~day meeting rental of the C7alcs. ^ The praposcd tees also include daily ~naximum rates as well as reduced ~-ate5 fc~r l i E~~i ted spaces when being reserved in conjunction with an C)alcs bar~quct rcc~tal. ^ The prnposed fees reflect a rcdi~ction to tlac Kids l~.arc space wiricl~ is c-arcly res~:~vccl catl~e~- than for prog~~a~a~~ncd classes. Tlac reduced ~~atc ~~~ay provide ^ti~c~- rcr~tal npl~n~~ttinities that aren't cu~-~-ently being captr~red. • The lee schedule presented is designed to caph~re tl~e bangt~et and n~eeti~~g space market while providing moderately priced rental space optinns fnr residents. o Staff would also recorn~nerad that the rental rates be held for two years so that a systematic z~cvicw and recomrnendatior~ for rate changes occ~irs every even year. AZ'rl'ACHiVIEN I'S: ^ Proposed Fee Schedule far 2f~ 10 and 2U 1 0~~ pagcs~~~- ^ lEacility cora~parisons on pages ~ ~ 17 Hor#h BANQUET FACILITY central or ~outFt C3aks `rtf7e 6-~ks- capacity 140 ` Proposed rapacity350 Proposed 244&12047 zDD8lD3 2i?'!0)'t1 2DD612007 2DD81FDD8 2t~1E1I~1 Sun-~hurs 8 am-14 pm 34D 4DD 4D0 700 840 850 8 am-goon 150 150 155 250 250 350 4-5 pm 150 450 465 250 254 364 6-11pm 154 175 185 340 354 4DD Patio ` 1 DD 4 D4 ...:::: 1 D4 _140 1 DD 1 DD ~^ clranga Friday 8 am - 12:34 am nla nla 940 1,140 .:1,150 'patio incl Saturday 8 am-12:3D am n!a nla 1,zDD 1,450 1,490 *patio inol MEETING ROGMS z4D6~z4D7 z4DSrDS 2{'11~l11' - 4 Mtg morn per hour Resident 44 16 97 **Reduced with $ hr banquet rental Non-Resident 16 18 19 Reduced'"` 11 12 14 Daily Max 154 3 Mtg roams .................. 2DD6I2007 2448lD9 ;~[1:1:~1:'[;'I` ........................... . Resident 35 40 44 Nnn-Resident 45 54 52 Reduced*` 30 35 38 3 M!g rooms 2D0512DD7 20D8lD9 2ff Tt~l'1't tDailymax} Resident 950 150 200 Non-Resident 980 240 . 240 Reduced*' 42D 140 ~. '#75 Teel7lLvCle ^ak 2446/2447 2448109 2't~'lal']~ Performance Resident 54 54 -50 r~o c7iange Non-Resident 55 55 55 no change ~aiiy tnax-foil room 45D 412 of Lane [7ak 30 30 30 rw change Daily max-half LOR 254 Reduced` 35 35 35 no change 112 of Lone Oak'* 20 zD 24 rro change Board Room 2DD5rzoD~ zDDS~4s zQ1vI7~ Resident 17 24 22 Non-Resident z2 25 26 daily lUfax 2z5 Reduced*` 15 48 18 43 s Kids Kare zsosizoo7 z44a~os ~~~~!'~1 __ . _. Resident 25 25 20 reduced Non-Resident 27 27 :.:.. 22 reducea Daily tNax '' 200 Reduced`" nla GYMNASIEIM z44sf2407~z44s149 per hour P&R -full court P&R - hatf court Ath.Assaa. full ct Ath.Assac. half ct Pr'svate-full caurt Private-ha[f oaurt 24 25 25 r0 cdrange 12.5 34 32 32 no change 16 50 5$ 58 no change 32 GAZEBO z44siz4a7 z4ssro~ 2g1Ut'~1 Resident 5$ 5$ no change Nan-resident 58 - <64 Reduced'" 54 b0 no change Daily Nlax 475 BAND SHELL 244s~z4o7 z44a~4s ~01(11'~ 1' {wedding only} Resident 5$ 5$ no change Non-Resident 58 li4 Reduced" 54 54 nv change Daily Nfax 475 Blast Private Rentals zoos~zs47 24os~4s 2~1QI1 Resident 904 325 Non Resident 100 150 ReducedF" 3 t70 4~} Facility Rental ~ornparisons - ~.~OS Mapiewovd Ply-nvuth Creek Shvre~iew MN Zo^ Royal C6iff ECC Comm Ctr Gvmm Ctr Comm Ctr Seating Capacity 350 350 340 35Q Spp 35[3 Rental T'smes TD:30 am-Tam iJp to S hours 11:30 am-1T:30 pm 5 pm -midnight Unsure 8 am -1 am $25JHr- Niflb Additional Hrs: Security fee Security Fee $145 $I7[3 Add'€. Fees $35Jyr-Fo€€te $6II/hrJresident Security Secc~rliy {4 hr minimum} $120Jhrfnon {wJ€'squa3} Required Required Can use any $380{3 F&I3 $4500 F&8 Required FaadJBev Info caterers to caterers to €icensed caterer mlr:imum. m€nirrsu~n caterers to choose from chooose from one caterer fln53t2 F&B choose front 2p08 Saturday $650JMem}aers $875JResident $10[}OJHesident $1,000 $35D $1,450 Rental Fee $750JI~an Mt~r $T195JIVar:-Res $T100JMon-Res tal€ of t€ze Wild µS Agenda 1:nFar'n~atioi~ MCnaQ Dctol~er Z 1, 2[3fa8 City Council Meeting VV. A>[TTHORIZE advcrtiserraci~t ~n1• Ite aiest far Pro ~osals ~'nl• lia :in Cnir-na~~niity Cc~~ter banquet ~xid meetix~~ roam Bind and fieyer~t~elli[~t~[~r_s~ryit~e. ACTION TO BE CONSIDERED: To autl~nri~e stuff to advertise for Request fnc• 1'rnpasals t'oy' the eYClusrve faadlbeveragclliqunr cate~•i~ig service within the Eagan Catninitnity Center aiirl ntlaer dctix~ed city facilities to acenilzmn~lute meetings and events. FACTS; ^ )-i1 ?p~2 the City Council authorized the salicitatinil vFno more t118i1 ttircc exclusive fancl se3-vicc ve~ldors aid ^i1e liquor vendor Io servica all events held withiir the FagaE1 Cc~~~-~~i1~€i~iiy C;ci:tc~-. In early 200G the city cnterecl into agreements with Classic Catering ,Twin Cities Cateriiig and Gt'eefl Mill to provide exclusive food service and witli Holiday In~1 Burnsville to provide exclusive heverageflicluorservlce throi~gll Marc1120d9- • Staff receives multiple inquiries each week ti'oin interested ve~ldnrs anxior~s to vie For tl~c cxcl~~sive veF~dor status at )lagan's com~ni~nity center. The growing papc~lariiy of this site for Gveddings, ~1~eetings and conferences has caught the attention of the ialetro area a~1d we expect to see a very large resporisc to tl~e 1lrcapnsals. ^ Response deadline far tlae RI~Ps is expected to he November 25. lNheil the reslaorises lzave bee~1 received ailrl reviewed, the City Council will be provided with a detailed overviely of se~'vices oFFered l}y the respondents. ^ With suceessFril responses to the RrPs, the CaiFilcil ~~ill be as~ctl to ilialcc a rccor~zYt3e31ciat~an ~E1 early ~anuaiy so that cantc'acts can be completed, sigiied ar~d activated eft-ective Marc11 1, ~{}0{)- ^ Tt-ie tentative schctlule proposed For this process is: 1. Advertise RFPs: 2. Pre-proposal meeting: 3-4 poi 3. Proposals due: 4. Narrow pool of respondents: 5. Site visits of selected respondents; fi. C;ompile data for CouncillDps Co~lirnittee Review 7. Council iccon~incndatian: ATTACHMrNTS: • done Detabcr ?5-Nave~nl~er $ Nnvei~ll~er 13 Novcinbcr 25 Naveml~er 28-Decenll~er 5 Deccn-ibex 8-19 Weep of Ja~1. 5 Janit~~ry 2U; 2UUJ S Agenda Information 1Vlemo October ZI, ~~UB Eagan City Council Mee#Ing K. CONTRACT fl8~~6, NORTHWOOD PKV~Y - I-35E OVERPASS ACTION TO BE CONSIDERED: Approve Change Order No. 2 far Contract 08-06 (Northwood Pkwy -1-3SE overpass} far the Northwood Parkway bridge over I--35E and authorise the Mayor and City C1erlc to execute all related documents. FACTS: ^ Contract 08-05 provides for the extension of Northwood Parkway fiver I-3SE from Pilot Knob Road to Denmark Avenue, reconf guration of the existing Northwood Parltwayl Denmark Avenue intersection with a roundabout, bituminous trail or sidewalk on each side of Northwood Parkway, and decorative street lighting. ^ Change Order No. 2 provides for various item, including: ^ The removal of an existing 2" capper water service line discovered during grading operations, but no longer necessary. ^ The installation of a 1" water service to provide landscape irrigation far the interior circle of the roundabout at Denmark Avenue and Northwood Parkway. • The addition of premium topsoil barrow necessary far conapletiar~ of the reinforced soil slope rnrall. • The addition of conduit across the bridge for future City flier optics needs. • The modification of proposed zxzanholes and storm sewer necessary to address a coz~flict with are existing water main, • The deduction for County staff time to address incorrect detour signage for a road closure on I-35E. • The change order has been reviewed by the Engineering Divisions and found to be in order for favorable Council action. ^ The change order provides for a total ADD of $3~3,404.5fi {1.04% of original contract}. QO% of the costs will be financed through the City's Major Street Fund. ~~ s Agenda Infnrmativn Menno October 21, 24U8 Eagan City Council Meeting PUSI~IC HEARINGS A_. PRO.lECT 957, BLACKHAWK OAKS {RIVERTON AVER STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTXON TO BF, CONSXDFREI]: Approve the Final Assessment Rcsll for Project 957 ~Slackhawk Qalcsl Riverton Avenue .. Street DverJay lmpra~ernents} and authorize its certification to Dal£Qta County for collection. FACTS: ^ Project 957 provided for the bitnminous overlay of Riverton Avenue within the Blackhawk Daks Addition neighborhood, located east of Blaclchawl~ Road, and south of Silva- Bell Road. • The Final Assessment Roll was presented to the City Council an September 1 ~, 2448, with a public hearing scedtaled far October 21 to formally present the final casts associated with this public improvement to the affected benefiting properties. ^ The final assessment cost is approximately 9`% more ($7I per lot) than the estimated benefit amounts that were presented at the original Public Hearing December 18, 2447. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 16 to address all property owners' questions or concerns and provide any additional information of interest. Of the 34 parcels fall Single-Family} being assessed, na one attended the meeting. ATTACkIMENTS: ^ Final Assessment Report, pages through FINAE. A5SESSMENT HEARING PRdJECT PU6LIC HEARING DATES Nurnher: Project 957 Assessment: October 21, 248 Name: SlaciChawk Oaks Atl=~ition ~Ri~ertan Project Appra~ai Date: December 18, 2€l(37 Avenue) ' Street Improvements Final Feasif,~ility Finai Feasis~iiity Rate Retort Units Rate Report Units SANITARY STdRM SEWER 5E11VER ^ Trunk ©Trunk ^ Lateral © Ser~;ce ^ Lat. 6enefitltrunk WATER STREET ^ Trunk ^ Gravel Sase © Lateral Q Surfacing Sigrss 814.13 743 Lot ^ SerVice ^ Multi Family Equiv. ^ Lat. 6enefit~trunk © 1NAC ^ C~1 Eq u iV. ^ ©rlVeWaV OTHER 5TREET LIGHTS © SerVice Pair ^ Installation ^ Energy Charge Contract Number of Interest Amount C_ity~T~ Number Parcels Terms Rate Assessed Financed Q$-03 30 S Years 6.Q°Io $22,3D0 F.R. $55,~OfJ F.R. ^$24,423.74 $34,148,72 (F. R. =Fea sibility Report} ~q ~'~-. `~`' City of Evan Demo Tn: Mayor and City Council From: ,tohn Gorder, Assistant City Engineer Date: September 29, 2D48 Subject: Final Assessment Roll, Project 957 l3lackhativli Oat~,s {Riverton Avenue} Street overlay Improvements At the public hearing on Decetx~ber I$, 2007, the City Council ordered Project 957, and iri accordance with the feasibility report, the following irr~provements were constructed: mill a~~d overlay and repIacernent of traffic and street signage for Riverton Avenue within the Blaclchawk Daks neighborhood, and replacemey~t of curb and gutter as z~eeded, In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed u~~des' Co~ttract 08-43. The following information was used i~3 the preparation of the assessment roll far Project 957. PR~.IECT CAST The consti~cfion cost includes the amount of $4],728.57 paid to the contractors far the construction of the improvements. Traffic and street sig7zage was installed at a cast of $559.95. Qthes' costs including engineering, design, contract management, i~ispectians, tinaaaci~xg, legal, bonding, administration, and other totaling $21,283.99 were i~zcurred resulting in an improvement and project cost of $63,572.51,. The detail of these other costs is provided on Schedule I. These other casts are allocated to the improvements cns~structed ia~ order to determine the cost of each improvement and the assessme~~t Fate. CONSTRUCTION aTHER CASTS IMPROVEMENT FEASIBILITY IlVIPR~VEMENT CAST COST REPORT Street Resu~'facing! Sign Replace $32,443.48 Curb & Gutter Repair 3=735,04 Tfltals 542,258.52 $16,354. ] I $48,847.59 X44,600 4,929.58 14,724.92 32 840 521,Q99.99 5(3,572.5]. $77,4Q4 i.J ASSESSMENTS ^ TRUNK ASSESSMENTS Na trunk assessments for utilities were proposed in the feasibility report, therefore, Wane are proposed in this assessment roll. ^ STREET LVIPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and. quantities: UNIT EXTENDED TI'EM UNIT QTY PRICE COST Mobilisation L.S. 1 $7;004.00 $7,000.40 Mill bituminous surface Sq, Yd. 1,$75 O.SO 937.54 Bituminous mat. for tack coat Gal. 375 3.14 1,162.50 Wear Course Mixture Ton 422.7 45.75 19,338.53 Traffic control L. S. 1 1,625.00 1,625.00 Adjust water valve box -riser Each 2 65.04 134.00 Adjust manhole casting -complete Each 3 454.OD 1,350.00 Adjust manhole casting -riser Each 2 195.00 390.00 Traffic signs L.S. 1 559.95 559.}5 SUBTOTAL $32,493.48 ~tlaer costs @ 50.3% $16,354.11 MiII & OverIayl Street Sign Cost 548,847.59 IMPROVEMENT ANll ASSESSIVIENT RATES All assessable properties within the project area are law-de~tsity residential. The improvement and assessment rates for low-density residential property are computed as follows: TOTAL IMPROVEMENT COST ASSESSABLE UNITS IMPROVEMENT RATE 548,847.59 30 Lats $1,528.25ILot IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $i,b28.251 Lot X 50% 58I4.I31Lat ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 5.0% per annum on the unpaid balance. 2 ~.1 ' CITY REVENLES (RESPONSIBILITY] ._.,_,._,_._ .,....,._._.__ ,.,,,. IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVE11iUE RESPONSIBILITY St€•eet Resurfacing Signs $48,847.59 $24,423.79 ($24,423.8) Curb & Gutter Repair I4.'724.92 [14,724.32) Total ~G3,572.51 X24,423.79 {39;148.72) +~ CITY FUNn RESPONSIBILITY Major Sf~'eet Fund = $39,148,72 r~6~7 ~~~GL t ~ ~:~~ Joliri Gorder, P.L. yr Reuierved `~ ~ - ~~~ Pubfic 'Works Department `. Date c: Thomas A. Cotbert, Director of Put~lic Works Mike Dougherty, City Attorney Sue Sheridan, Accountant t Date 5~ ~js ~S i~aRTl~ f ~'~ ~~~ I I 1799 r ~ ~• a SELVER ,,,,, „e „a ~ ~ SELL •I~y ..o.. ,,.. ~., ~. ~ m m : m ~O -~~~~ ~ ` S ~ ` ~ ~~ ~~ j' AO 3815 3822 ~ 3~q ~ 3S2Sa a 3e39~ ~CV~ J 3 t ~?&33 38L3# 3606 3810 3612 ~ _ 3 1 _ „~ r__ ~ I ( .~ .... .. _ ..._ _- I _T` RTVERTON AVI ,. ~ `,~` I L ~ E ice, 3 i .' ~ [.,}, 3623 3825 3829 3833 3891 3805 ~ 3807 36t4 3813 .3617 3819 3857 ~ L t `~63"v ~Q ~ r s ~ e m 0 e ~~ ~ 3841 I ~3e49 ~7 ~ ~ ^ ~- ~ ;~~~ `~ ~ U s~AtlsAa~~ . 1~; ~_ 1, 1 B fackhawk fake ,sae ASK ~p,K~ f''~~' ~ ~~~ ~~' ts74 tsso I - - ~ h ' ~~ ~ ~ r~ - &LACK~AWIC ~A~~ BlackhawiC yaks Addition `` `~ ~" ~~ ~~ ~~~ Neighborhood Street ReWitalization 4~~z9~z~os ~~~-E,Q~~~~~ ~e~ar~me~~ Project 9~7 -Final Assessments ~ ~ ~~ ~ __ ~romhined .~ssessmen~ moll Project 1Vurraber 1QP957 Prr~posed Pe~iditrg PfD Addition 1Vame Address Assess>~are~it Asses~uterrt Tjaria~zce 90-'[4385-01D-D Blackhawk Lake 1700 Riverton Pt $834.93 $743.DD {$71.93} 70-'[4385-020-0 Blaekhawk Lake 36$8 Riverton Pf $814.13 $743A0 {$77.13} 1 0-9 4385-030-0 Blackhawk lake 1674 Riverton Pt $814.13 $743A0 {$71.13) 10-14385-440-0 Blackhawk Lake 7660 Riverton Pt $,814,13 $143.00 {$71.13) 10-14387-030-0 Blackhawk Oaks 3861 Riverton Ave $814.13 $743.DD [$71.13} 343-143$7-090-0 Blackhawk0aks 3832 RivertorlAve $894.73 $743.130 {$73.93} 30-14387-020-0 Blackhawk Oaks 38{30 Riverton Ave $814.73 $743.00 {$71.13] 10-14387-{320-0 Blackhawk Oaks 3805 Riverton Ave $814,13 $743.00 {$71.13) 10-14387-020-0 Blackhawk Oaks 3835 Riverton Ave $894.13 $743.D0 ($7'1.13} 1D-14387-D3D-D Blackhawk Oaks 3804 Riverton Ave $814.93 $743.430 {$71,13) 10-14387-030-0 Blackhawk Oaks 3807 Riverton Ave $894.13 $743.40 {$71.'(3) 10-94387-030-0 Blackhawk Oaks 3838 Riverton Ave $$94.13 $743.00 {$7'1.43} 10-14387-040-0 Blackhawk Oaks 3806 Riverton Ave $814,13 $743.{30 {$71.133 10-'#4387-040-0 Blackhawk Oaks 3811 Riverton Ave $814.13 $743.40 {$71.13) 9 D-94387-D50-D Blackhawk Oaks 3890 Riverton Ave $814.93 $743.DD ($77.13) 1 D-14387-050-0 Blackhawk Oaks 3813 Riverton Ave $894.13 $743.[10 {$71.93} 10-14387-OtiD-D Blackhawk Oaks 3812 Riverton Ave $894.93 $743,DD [$71.13} 1D-14387-D60-0 Blaekhawk Oaks 3817 Riverton Ava $814.13 $743.D0 {$79.'13} 70-14387-070-0 Blackhawk Oaks 381fi Riverton Ave $814.'13 $743A0 ($79.13] 70-94387-070-D Blacka`~awkOaks 3819 Riverton Ave $814.13 $743,00 {$71.13) 10-74387-D80-0 Blackhawk Oaks 3$98 Riverton Ave $8'14.93 $743.D0 [$71,73) 1D-14387-080-0 Blackhawk Oaks 3823 Riverton Ave $814.13 $743.D0 {$73.73} 30-14387-090-0 Blackhawk Oaks 3822 Riverton Ave $814.13 $743.00 {$77.13} 10-'14387-090-0 Blackhawk Oaks 3825 Riverton.Ave $814.'[3 $743.00 {$71.13) 10-14387-100-0 Blackhawk Oaks 3824 Riverton Ave $894.73 $743A0 {$71.73} 10-74387-3D0-0 Blackhawk Oaks 3829 Riverton Ave $814.93 $743A0 {$71,'13] 143-14387-910-0 Blaekhawk Oaks 3828 Riverton Ave $894.93 $743.OD {$77.13} 4D-14387-170-0 Blackhawk Oaks 3833 Riverton Ave $814.13 $743.00 ($71.13} 10-14387-120-fl Blackhawk Oaks 3830 Riverton Ave $894.93 $743.04 {$77.13] 1D-14387-12D-D Blackhawk Oaks 3837 RivertvnAve $894.73 $743.04 [$71.43) .summary (ar'SA_fdr~r' = 9Qf7957 (34 defar! records) Surrr $24,423.84 $22,290.00 {$2,933.94) ~ediresdrty, +~cto8er~ 25, ~f]l7cY ~ Pnge 1 0•f'1 Agenda In[ormation Memo Uctaber 21, 208 Eagan City Council Meeting B, _PR~~ECT 959, EDEN ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TD BE CONSIDERED: Approve the Final Assessment Roll far Project 959 Eden Addition -Street Overlay improvements} and authorize its certification to Dakota County far collection. TACTS: ^ Project 959 provided for the bituminous overlay of numerous streets within the Eden Addition neighborhood, located east of Blaclthawk Road, and north of Cliff Road. ^ The Final Assessment Roll was presented to the City Council on September 16,-2008, with a public hearing scheduled for Cctober 2l to foa~inally present the final costs associated with this public improvement to the affected benefiting properties. ^ The final assessment cost is approximately 1 % more ~$4 per townhouse unit} than the estimated benefit amounts that were presented at the original Public Hearing December 18, 2007. ^ All notices have been published in the legal papers and sent to all affected property owners informing therrx of this public hearing. An informational meeting was held on Qctober 16 to address ail property owners.' questions or concerns and provide any additional information of interest. Qf the 127 parcels fall Townhozx~c Residential} being assessed, no one attended the meeting. ATTACHMENTS: ^ Final Assessment Report, pages~through~ FINAL A55E55MENT HEARING PRD]ECT PUBLIC HEARING DATES Number: Project 959 Assessment: Cctol~er 21, 20(]8 Name: f=den Addition Project Apprn--al Date: December 3.8, 2007 Street Improvements Final Feasibility Rate Report Units SANITARY SEWER © Tru n k ^ Lateral ^ Service ^ Lat. Benefit/trunk WATER ^ Trunk © Laterai © Service Final Feasibility Rate Report Units STORM SEWER ^ Tru n k STREET ^ Gravel Base Cr1 Surfacing/ Signs 4(}8,30 404 TB Lot © Multi Family Fquiv, ^ Lat. Benefit/trunk ^ 51VAC ^ C/I Equiv. ^ Driveway OTHER STRI=ET LIGHTS © Service Pair ^ Installation ^ Energy Ci,arc~e Contract Number ^f Interest Amount C, !tV Number Parcels Terms Rate Assessed Financed OS-03 x.27 5 Years 5.0°Ia X51 310 F.R. $100,140 F.R. $51,854.33 $104,19$.47 F.R. -Feasibility Report} `~~ City of Eagan Mc~o Tr€: Mayor and City Council From: Jahn Gorder, Assistant City Engineer Date: September 29, 2b08 Subject: Final Assessrne~~t Roll, Project 959 Eden Additio~i S#reet Qverlay ;i~t€provements At the public hearing on December 18, 2007, the City Council ordered Project 959, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street sign€age far the streets within the Eden Addition €~eighborhaod, and replacement of cru-b and gutter as needed. In the feasibility repo€•t, it was proposed to assess 50% of the street ove€-lay and signage improvements in accordance with the City Special Assessment Policy. The improve€nents were completed under Contract 08-03. The following information was used in the p€•eparation of the assessme€~t roll far Project 959. PRt7.FECT CAST The consixuction cost includes the amount of $Il'7,851.03 paid to the cunt€•actors for tlxe constructio€€ of the improvements. Traffic and street signage was installed at a cost of $1,44Z.7G. Qther costs including engi€3eeri~€g, desig~~, co€atract management, inspections, fnancing, legal, handing, administration, and other totaling $3G,759AI were loco€•red resulting in an improvement and project cast of $I56,U5Z.80. The detail of these other costs is provided on Schedule I. These other casts are allocated to the improvements co€zst€•ncted in order to determine the cost of each improvement and the assessment rate. CQNSTRUCTIQN OTHER CASTS IMYItQVEMENT ~'EASISILITY IMPRDVEMEI~"I` COST CAST REPaRT St€•eet Resu€•facingl Sign replace $79,279.57 $24,429.44 $103,708.66 $102,650 Curb & Gutter Repair 40,014.22 _1.2,329.92 52,189,85 $48,8M Totals $119,293.79 $36,759.01 $15G,U52.SQ $151,450 ~7 ASSESSMENTS f TRC]NK ASSESSMENTS No trunk assessmea~ts far utilities were p~•oposed in the feasibility report, therefore, y~one a~•e proposed in this assessment roll. ^ STREET IlVIPR~VEMENTS ' The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: [TNTT EXTENDED ITEM G'NIT QTY PRICE COST Mobilization L.S. $7,D00.00 $7,000.00 Mill bituminous surface Sq. Yd. 5,241 0.511 2,620.50 Bituminous mat. for tack coat Gal. 775 3. ] ~ 2,402.511 Wear Course Mixture Tan 1,231.34 45.75 56,333.81 Traffic control L. S. 1 1,625.00 1,625.00 Repair gate valve top section 'w1 cover Each 1 240.00 240.00 Adjust water valve box -wiser Each 5 65.00 325.00 Ildjust manhole casting -complete Each 11 450.00 4,950,00 Adjust manhole casting -riser Each I2 195.40 2,340.00 Traffic sigaas L.S. 1 1,442.75 1,442.75 SUBTQTAL Other costs @ 3Q.8°/R Mild & Qverlay! Street Sign Cast X79,279.57 24,429.09 $103,70S.6G ^ IMPROVEMENT ANTI ASSESSMENT RATES All assessable properties within the project area are lava-density residential. T'he improvement and assessment rates for low-density residential property are computed as follows: TgTAL IMPROVEMENT CAST ASSESSABLE C]NITS IMPROVEMENT RATE $1D3,7~S.5G 127 Lots $816.60ILot IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $S1G.541 Lot ~ 5~°/© $4US.34lLat ^ ASSESSMENT TERMS The assessments are proposed far a tet7n of S years. The interest rate is 6.D°/° per annum on the unpaid balance. 2 ~~ CITY REVENUES ~ sPaNSrB~LI IMPROVEMENT ASSESSMENT CITY IlVIPROVEMENT COST REVEN~TE RESPONSIBILITY Street Aesurfacingl Signs $1~3,7a8.66 $Sl,&54,33 ($51,854.33} Curb & Gutter RePai~' 52,344- ] 4 {52,344.14) Total $I56,052.80 $SI,854.33 {$14,198.47} ^ CITY F[TNII RESPONSIBILITY Major Street Fund = $ ] 04, l 98.47 ~~ ~~~ John,~sorder, P.E. Revie~ved.- ~~ Public Works Department Date c: Thaznas A. Colbert, Director of Public Works Mike J]augherty, City Attoa•ney Sue Sheridan, Accountant T Date 5~ . ~~s~s~~' ~ u~i; _ ~ ~,~ ~ ~ ~ yr `'' kQ358 ! .- - `~ ', 9 ~ ~ 'r,, pA31~ j~ EJQRTFi ~. - (~ ~ ~s)q , . ~~ ~ .• 4471$ g46 .-~~ ~ ~ ~ .. ~ ` },r.. r.;g29 • 44713 ~' .. ~ ~ - .. ~ ~ ~ ~_ ,~ ''3R J , : ~# °,~ m 44~BB ~._.. -.- •._~ 423_ ~.. •:.; :.. x ~~ ~ ' .'~~ ~~ " X47 ~ ~~ 4418$ 44taE.. ~ . -.. ~ 4198 44g~g.- 1, 4$ .~ ~ • _ _ rC7O' 441E;:Y, - ~ ;417$ r Q 4138 8~ ~ Ay - - ~ 44p$ ~ '~z A i g~ Y~ 4404r } ~ ' f $41I$ 1 f 4497 4; ~~~ta ~ '~& .. ~S$ ' ~ 1819 1$15 '~ psi r ~~~o~s ~ -- - ~IS3 1841 ti ~ _ ' 1825 1821 ~ ~ Rai - . ``"~t8ff9 ~ ~°`' ~ `'. 'a35 1833 11829 , 1 ~ ~ _'~ is43'. P_ ~, - 1838 '~ ~ ~. i .. ~ ~ ^'8 18i~4 1820 '-. - ~! i I ~ ~ I .I ~~ 184© `~ % -~' 1844 ~' 1836 ~ ..: ~ :L ~ 1824 # 183;? 183D 1826 4 ~ ~ rr ~ ~ ^rs . ~ ~ ~ err ~rr~ ;-~ ~- . . 39 4395 ~ ~ ~ ~ oiY~ ,-- ~: ~ 1 ~ f p; __~ J. U: ~ i ~' - - BEECHER DRIVE ~ ... 7 ~ --t ry i ~ ~ t L__- I ~ Y I ~ ls5a ~ ~ ~ ~ ~.` ~ ~-~ `~~~ ~~~~~ , Q o A ,r , ~ ! C] ~ ~ ` ~ ~~,, LEGEND Q ~, ~ ~ ~ s~.; ~ A55E55MEf~T AREA ~ 9 1 ~1 .. STREET 1MPR~VE~/IENTS ~ 4[34.OD per Lot G:3'rajecf & Co ntr act 1nfo1^859/FinolAssessmentlnfo/FIN Ai~A55E5SMEN75 Eden Addition x ~1~~ ~~~a~~~l Neighborhood Street Revitalization osizsizoaa Project 959 -Final Assessments (~(~ Engineering Repartmeni Cnmhined Assessment ~n~l Project IVurraher 1 ~P959 Proposed Pending PID Addrtio~: ~Vunte Address Assessnre~rt Assessme-at Tjariar2ce 14-1775D-D64- CEearview 185D 8eeoher ^r $4D8.3D $4Q4AD {$4.3Q} 1D-2275[3-Q1Q- Eden 4459 CioverLane $4Q8.3D $404.Q0 [$4.30} 14.2275Q-D1D- Eden 4464 Clover Lane $408.3Q $404.Q0 {$4.34} 1Q-2275D-010- Eden 4455 Clover Lane $408,3{1 $404.04 {$4.3D} 10-2275(]-41 D- Eden 1844 Walnut Lane $4D8.34 $404AD {$4.30) 1Q-2275D-D1D- Eden 1848 WafnutLane $4Q8.3Q $4D4.D0 ($4.3D} 14-2275Q-D20- Eden 4459 C[overLane $4D8.30 $404.00 {$4.34) 14-2275Q-D2Q- Eden 4464 ClaverLane $4D8.34 $404.Df3 {$4.30} 10-22754-620- Eden 4455 ClaverLane $4Q8.3Q $4D4.OD {$4.3D} 1 D-2275D-42D- Eden 184D 1Nalnut Lane $408.3D $404.DD {$4.3D} 10-22750-D2D- Eden 1804 Walnu#Lane $408,30 $4D4.60 {$4.30} 1 Q-2275D-[130- Eden 4451 Clover Lane $408.30 $4Q4.DD ($4.3Q} 10-227513-D30- Eden 4488 Clover Lana $408.3Q $4D4.QD {$4,3fl} 1D-2275D-03D- Eden 4453 CinverLane $408.30 $404.D0 {$4.30} 1D-2275D-D30- Eden 1838 Walnut E.ane $4D8.30 $404.OD ($4.30} 1D-22750-D3D- Eden 4395 Clover Lane $448.30 $404.DD {$4.30} 16-22754-444- Eden 4481 CtoverLane $408.3{3 $4Q4.Q0 {$4.34} 1D-2275D-D40- Eden 446& Clover Lane $4D8.30 $444.OD ($4,30} 1 Q-2275Q-Q4D- Eden 4453 Clover Lane $408.30 $404.OD {$4.3D} 1 D-2275Q-04D- Eden 1836 Walnut Lane $448.34 $404.4D {$4.3D} 10-22750-656- Eden 4455 Clover Lane $408.3D $4Q4A0 ($4.30J 1D-2275Q-05D- Eden 4474 ClaverLane $408.3D $4fl4.QQ {$4.3fl} 1Q-22750-05D- Eden 4449 CfoverLane $408.30 $464.04 {$4.30} 10-22750-Q50- Eden 1832 Walnut Lane $408.3Q $404.DD {$4.30} 16-2275D-D6D- Eden 4465 Clover Lane $408.3D $4Q4.00 {$4.3Dj iQ-22750-060- Eden 4474 C[overLane $408.30 $404A0 {$4.3D} 10-2275Q-05D- Eden 4449 CioverLane $4Q8.3D $404.Q6 ($4.30J 16-22754-D$D- Eden 1830 V+la[nut Lane $4D8.3D $444.Q0 {$4.30} 10-22750-D7D- Eden 4467 C[overLane $408.3D $4Q4.OQ {$4.3D} 1 Q-2275D-Q7Q- Eden 4476 Clover Lane $408.3D $404,QD {$4.3D} 10-2275D-07D- Eden 4447 Clover Lane $408,30 $404.40 {$4.30} 14-22750-070- Eden 1828 Walnut Lane $4D8.3D $4Q4.DD ($4.30) 1Q-2275D-08D- Eden 44&7 Clover Lane $408.30 $4D4.QD ($4.30} We~frresrfay, oct48er IS, 2r708 Page 1 of 4 ~~ Comhi~ea~r4ssessmen~ Roll ProjectlVut~zber I~P9.79 Proposed Pending PID Addition 1Vanie Address Assessmej~t Assessment Wrrriarace 1D-22750-084- Eden 4476 Clover Lane $408.30 $404.D4 ($4.3D} 10-2275fl-080- Eden 4447 ClvverLane $4Q8,3Q $444.40 {$4.34} 14-2275(3-080- Eden '[824 Walnut Lane $408.3D $444.04 {$4.313} 1D-2275D-09Q- Eden 4471 Clover Lane $448.30 $404.00 ($4.3D) 113-22754-090- Eden 4484 Clover Lame $408.30 $404.D0 ($4.30] 10-22750-0903- Eden 4443 Clover Lane $4D8,3D $4{34.40 {$4.30} 1 Q-2275D-490- Eden 182D Walnut Lane $448.30 $404.00 {$4,30} 10-22750-144- Eden 4471 Clover Lane $408.30 $404,0{3 {$4.3D] 10-22754-1 DO- Eden 4484 Cfover Lane $408.30 $4D4,00 ($4.30} 10-22754-100- Eden 4443 Cfover Lane $448,313 $404.D0 {$4.30} 14-22750-140- Eden 18'(4 NlalnutLane $448.3D $404.00 {$4.30] 14-22750-110- Eden 4473 ClaverLane $408.30 $4fl4.00 ($4.30} 10-2275D-110- Eden 4482 Glover Lane $448.30 $444.04 {$4.30} 1D-22750-110- Eden 4441 ClvverLane $408,34 $4D4.Ofl {$4.30} 10-2275Q-114- Eden 4396 Clover Lame $4D8.30 $404.OD ($4.30} 10-2275fl-120- Eden 4413 ClvverLane $408.34 $4134.00 [$4,30} 1D-22750-12D- Eden 4482 Clover Lane X448.30 $4D4,00 {$4.30) 10-22750-120- Eden 4441 Clover Lane $4Q8.3D $444.DD {$4.30] 10-22750-130- Eden 4477 Clover Lane $448.30 $4fl4.40 [$4.30} 10-2275{?-130- Eden 4484 Clover Lane $408.30 $404.44 ($4.30) 10-22750-134- Eden 4437 Clover Lane $4D8.34 $444.D0 ($4.30] 14-22750-144- Eden 4477 ClvverLane $408.34 $404.40 ($4.30} 1{}-2275Q-140- EdEn 4484 ClvverLane $408.30 $4Q4.OD {$4.3Q] 10-22750-14D- Ellett 4437 Clover Lane $408.30 $444.00 ($4.3D} 10-2275Q-154- Eden 4479 Clover Lane $408.3fl $404.D0 {$4.30} 10-22750-'150- Eden 44$6 ClvverLane $4D8.30 $4Q4.00 {$4.30] 10-22750-150- Eden 4435 ClaverLane $408.30 $404.00 ($4.3D} 1D-22754-1 BD- Eden 4479 GlvverLane $408.3fl $4D4,4fl {$4.30] 14-22750-160- Eden 4486 Clover Lane $4D8,34 $444A0 {$4.34} 10-22750-160- Eden 4435 ClaverLane $448.30 $444.40 ($4.30] 10-2275Q-170- Eden 4483 Cfover Lane $448.34 $444.44 {$4.30} 1Q-22754-170- Eden 4430 GlvverLane $408.30 $404.00 {$4.30} 14-22750-170- Eden. 4431 ClaverLane $408.30 $404,00 ($4.34] 14-22750-180- Eden 4483 Cfover Lane $408.313 $404.00 {$4.30] Wx~lnesday, O~fober 15, Z~DB Page 2 of 4 ~~ ~'oml~zned 14sses~sment l~~ll Project 1Vuryrher 1 aP959 ' Proposed Perrdirrg PID Addition Natrre Address Assessrrrerzt A.rsess~raerrt Tfariarrce 1D-2275Q-180- Eden 4490 Clover Lane $448.34 $4D4.00 ($4.30} 1D-22750-984- Eden 4433 Clover Lane $4fl8.30 $404.OD {$4.30} 10-22750-190- Eden 4485 Clover Lane $408.30 $444,OD {$4.34} 90-22750-190- Eden 4492 Clover Lane $408,30 $4D4A0 {$4.30} 1D-2275D-194- Eden 4429 Clover Lane $408.34 $404.04 {$4.30} 14-2275D-200- Eden 4485 Clover Lane $408.30 $404.DD {$4.34} 14-22750-20D- Eden 4492 ClaverLana $4Q8.30 $dD4A0 {$4.30} 10-22754-2{30- Eden 4429 CEover Lane $448,3fl $404.44 {$4.34} 10-22750-214- Eden 44$9 Clover Lane $448.30 $444.04 {$4.34} 10-22750-21 D- Eden 1835 1Rfalnut Lane $4D8.3D $404.06 {$4.3D} 1 D-22754-210- Eden 4425 CEover Lane $408.30 $404AD {$4.34} 10-2275{3-220- Eden 4489 CtoverLane $408.34 $404.44 {$4.34} 10-22750-22D- Eden 1833 Walnut Lane $408.3D $4D4.4D {$4.3D} 10-2275D-22D- Eden 4425 Clover Lane $408.30 $404.04 {$4.34} 10-227x(3-230- Eden 4493 Clover Lane $4138.30 $404.00 {$4.313} 10-2275D-230- Eden '1829 Walnut Lane $4D8.30 $4D4.00 {$4.3D} 10-2275Q-230- Eden 4423 Clover Lane $408.34 $404.44 {$4.34) 10-22750-240- Eden 4491 ClaverLane $4D8.3D $404.D0 [$4.3D} 10-22754-24D- Eden 1825 Walnut Lane $408.30 $404.00 ($4.30} 14-22754-244- Eden 4423 Clover Lane $448.30 $404.00 {$4.34) 10-2275D-254- Eden 4495 ClaverLane $408.3D $4D4.D6 {$4.3D} 10-2275D-250- Eden 1821 Vlralnut Lane $408.30 $404.DD {$4.3D} 10-2275fl-250- Edon 4419 ClaverLane $4{38.31] $404.40 {$4.3fl} 10-22754-264- Eden 4495 Clover Lane $4D8.30 $444.OR {$4.3D} 10-2275D-25D- Eden 1819 Walnut Lane $448.30 $4D4.04 {$4.3D} 90-22750-260- Eden 4419 Clover Lane $448.34 $404.D0 {$4.30} 1 D-227513-2713- Eden 4497 Clover Lane $408,30 $404.00 {$4.34) 1 0-227 50-2 7D- Eden 1815 Walnut Lane $448.34 $4D4.4fl {$4.30} 94-22750-270- Eden 4417 CioverLane $4D8.30 $404.DD ($4.30} 14-22750-Z80- Eden 4497 Clover Lane $408,3D $404.04 {$4.30) 14-22750-280- Eden 4402 Clover Lane $448.30 $404AD {$4.30} 14-22750-281}- Eden 4417 Clover Lane $4D8.3D $4D4.04 {$4.30} 10-2275D-29D- Eden 1839 !nlalnut Lane $408.34 $444A0 {$4.30} 10-22750-29D- Eden 4402 Clover Lane ~ $448.30 $404A0 {$4,34} Werli~esdrry, pctu6er I S, 208 Page 3 ofd Co~nbrned ~4ssessment Rall Project ~VurarLer 1OP959 PID Additirn Nunre Address 30-22754-290- Eden 4413 Clover Lane 1 0-2 2750-300- Eden 1841 1lvalnut Lane 10-22750-300- Eden 4404 Clover Lane 14-2275Q-3[30- Eden 44'[3 Clover Lane 14-22750-314- Eden 1843 Wa#nut Lane 10-22750-330- Eden 4444 CEoverLane 10-22750-314- Eden 44'[1 CEoverLane 1Q-22754-320- Eden 4408 CEoverLane 14-22750-32{3- Eden 4417 Clever Lane 10-22750-334- Eden 4448 CEoverLane 1 4-2 2754-334- Eden 4447 Clover Lane 14-22754-344- Eden 4410 Clover Lane 10-22750-340- Eden 4407 CEoverLane 1 Q-22750-350- Eden 4410 Clover Lane 10-22750-354- Eden 4445 Clover Lane 14-22754-380- Eden 4416 CEoverLane 1 Q-227513-360- Eden 4405 Clover Lane 10-22750-370- Eden 4416 Clever Lane 1 Q-22750-370- Eden 4447 CEoverLane 10227513-384- Eden 4418 Clover Lane 10-22750-384- Eden 4401 CEoverLane 10-22750-390- Eden 4418 Clover Lane 1Q-22754-390- Eden 7811 Walnut Lane 70-22754-404- E=den 4428 Clover Lane 10-22750-4(3[3- Eden 1809 Walnut Lane 74-22750-410- Eden 4428 Clover Lane 1Q-22754-420- Eden 4430 Clover Lane 14-227513-430- Eden 4430 Glover Lane 10-22750-440- Eden 4448 CEoverLane 1022750-45fl- Edsn 4448 CEoverLane 1022750-460- Eden 445fl Clover Lane 1Q-22754-470 Eden 4450 CEoverLane Summary Iar'SA_Nl~r' = 90PB58 (933 detail records) S~rrt Proposed Peradina Assessmerzt .t~ssessnierzt ~urr~trace $4Q8.30 $444,00 ($4.30} $448.30 $444.04 {$4.30} $448.3Q $404.QQ {$4.34} $408.30 $404.40 {$4.34} $408,30 $4{34.00 [$4.30} $448.3Q $4Q4.Q0 {$4.30} $408.34 $444.04 {$4.30} $408.30 $404.00 ($4.30} $4Q8.30 $4Q4.Q0 {$4.30} $408.30 $404.40 {$4.34} $408.30 $4[34.40 {$4.34} $408,30 $404.00 {$4.30} $408.30 $404.46 ($4.30} $448.30 $404.00 [$4.3Q} $408.34 $404.00 {$4.34) $408.30 $404.44 ($4.30} $408.3Q $404.00 {$4,3Q} $408.3Q $404.00 {$4.30} $4Q8.34 $444.40 ($4.30} $408.30 $4Q4.40 {$4.30} $448.30 $404.00 {$4.30) $408.3Q $4Q4.00 {$4.30} $408.3fl $444.44 {$4.34} $4Q8,30 $404.00 ($4.30} $408.34 $4Q4.00 {$4.30} $448.34 $444.4Q ($4.34} $408.34 $404.44 ($4.34} $408.30 $404.OQ {$4.34} $4Q8.30 $404.00 ($4.313} $448.30 $4Q4.00 {$4.30} $408.34 $444.04 ($4.30} $408.34 $4Q4A0 {$4.34} $54, 3x3.90 $53, 732. QO ~~579.90} Wedaterrlay, Dclober 15, ZfiQB Fage 4 of 4 ~~ s Agenda Infar~ation Mema October 21, 2008 Eagan City Car~neil Meeting C. PROJECT 95C, BRIAR HILL 1512°`~14~~` ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO SE CONSIDERED: Approve the Final Assessment Roll far Project 95G Briar Hill 1511 2"sl 4t~' Additions -Street ^verlay hnprovements) and authorize its certi#ication to Dakota County for collection. FACTS: ^ Project 95~ provided far the bitluninous overlay of numerous streets within the Briar Hill l5`12~'~1 4`~' Additions neighborhood, located east of Blackhawk Road, anti south of Silver Bell Road. • The Final Assessment Roll was presented to the City Council on September 1 G, 2008, with a public hearing scheduled far October 2l to formally present the final costs associated with this public iza7provement to the affected benefiting properties. ^ The .final assessment cost is approximately $48 snare per townhouse unit than the estimated benefit amounts that were presented at the original Public Hearing December 18, 2047. • _ All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An inforxnational meeting was held on Cctaber 15 td address all property owners' questions or concerns and provide any additional information of inferest. Df the l l G parcels ,fall Townhome Residential) being assessed, one property owner attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through • Minutes from Neighborhood Meeting, page • Assessment Qbjectian, page ~~ FINAL ASSESSMENT HEARING PR03ECT PUBLIC HEARING ^ATES Number: Project 955 Assessment: Cctaher 21, 20C]$ Name: Briar Hill 15~J 2"~/ 4t~ Additions Project Appror-al Date: ^ecember 18, 2007 Street Im~srovements Final Feasibility irirtal Feasibiility Rate Report knits Rate Rep°rt Units SANITARY STORM SEWER SEWER ^ Trunk ^ Trunk © lateral ^ SerVIGe ^ lat. Benefit/trunk WATER STREET ^ Trunk ^ Gra~ei Base © Lateral Q Surfacing/ Signs 275.48 228 TN lot ^ Service ^ Multi Farrtily Ft~LtiV. © Lat. Benefit/trtank ^ iNAC ^ C/I Equiv. © Driveway ^THER STREET LIGHTS © Service Pair ^ Installation © Ener Char e Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed ~$-03 11.5 5 Yeats 5.0°/o $26460 FAR. $7a S50 F.R. $32,071.43 _65,954.88 {F.R. =Feasibility Report} ~~ `~"' City of Ea~a~ Memo To: lYlayor and City Canncil From: Sohn Gorder, Assistant City Engineer Date: Septembe~• 29, 20U8 Subject: Final Assessment Roll, Project 956 Eriar Hill IS`I ~"d14'" Street overlay Improvements At the public hearing an December 18, 2007, tl~e City Council ordered Project 956, and in accordance with the feasibility report, the fallowing improvements were constructed; mill and overlay and replacement of traffic and street signage far the streets within the Briar Hill 1 ``12"~l 4t~' aaeighlaorhoad, anti replacement of curls and gutter as needed. 13~ tl~e feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with tt~e City Special Assessment Policy. The improvements were completed under Contract 0$-03. The following information was used in the preparation of the assessment roll for Project 956. PR~.IECT CAST The construction cost includes the amount of $7I,US9.04 paid to the cantl-actors for the construction of the imps•avernents. Traffic and st~•eet signage was installed at a cost of $941.35. Other casts including engineering, design, contract management, inspections, fnancing, legal, bonding, administration, street sig7iage and other totaling `1;~5,fl99.61 were incurred resulting in an improvement and project cast of ~9$,100.OQ. The detail of these other costs is provided on Schedule )l. T~l~ese otlaer casts are allocated to the improvements constrtacted in order to determine the cast of each improve~r~e~~t and the assessrr~e~zt rate. I:ViPRGVEMENT Street Resurfacing) Sign Replace Cua•f~ & Gutter Repair Totals CflNSTRi1CTIflN DTHER COSTS IMPROVEMENT FEASIE~LITY COST COST REPORT $47,077.58 $17,065.28 24,922,81 9,034.33 $72,DDp.39 ~26,099.6I $64,142.86 $52,920 33,}57.14 $44,100 $9S,1~UA0 $97,02D ~~ ASSESSMENTS TRUNK ASSESSMENTS No trunk assessments fog' utilities were proposed in the feasibility zeport, therefore, none are proposed in this assessment roll. STREET 1MPR~VEMENTS The costs of the street overlay and street signage impro~erraents were computed using the followi~ag unit prices a~ad rjuantities: UNIT EXTENDED ITEM UNIT QTY PRICE CDST Mobilization L,S, ] $7,000.00 ~ $7,400,04 Mill bituminous surface Sq. Yd. 2,673 0.54 1,336,50 Bituminous mat, for tack coat Gal. 475 3.14 1,472,50 Wear Course Mixture Ton 678.30 45.75 31,032.23 Traffic control L. S. 1 1,625.00 1,625.00 Adjust water valve box -riser Each 2 65.40 130.00 Adjust manhole casting - complcte Each 7 454.00 3,154.00 ~.djust manhole casting -riser Each 2 135.00 390.00 Traffic signs L.S. l 941.35 941.35 SUST~TAL X47,077.58 tither casts ~u7 35.3% ].7,065.28 Mill & Dverlayl Street Sign Cost $64,142.86 IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low-density residential, The improvement and assessment rates for low-density residential properties are computed as follows: TOTAL ;CMPR~VEMENT CAST ASSESSABLE UNITS IMPROVEMENT RATE $64,142.36 11G Lafs $552.96ILat IMPAGVEMENFT RATE ASSESSABLE P~RTIDN ASSESSMENT RATE $552.961.Lot X 50°I° $Z76.481Lat ASSESSMENT TERiVIS The assessments are proposed for a term of 5 years. The interest rate is 6.4% per annum on the unpaid balance. 2 lo~ CITY REVENUES SPONSIBILI IINIl'ROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing) Signs $64,142.86 $32,071.43 [$32,071,43} Curd & Gi~tte~• Repair 33 957,14 33 957.14) Tnta~ $98,IaD.4D $32,471.28 ($66,~28.7Z} CITY FUND RESPONSIEILITY Major Street Fund; $6fi,02$.72 ~, /~}ti r "t= r~ n Gorder, P.E. Reviewed ~~- ~, Public Works Department Date Tho~zas A. Colbert, Director ofPubfic Works Mike Dougherty, City Atto~•ney Sue Sheridan, Accountant f Date ~9 ~s~ ~~ Y rte. ~ ~ ~~~-' SILVER BELL ROA© I ~~ I 3892 ~ 38Q4 ,~.~.._...~ 3803 ~ - - i ~ 38Q3 ~ €98Qi i •I ~• 39~ € ~33f14 38{30 38Q2 ,~ ~ I _ ~ '' "T - i° 3sas " - == I I c, 3saa ~7 38fl7 ~ 3895 . ~, j 806 38fl7 ~ LSflS _ ~ ~ a 3843 .. 38'~ ~ 3810 3872 3819 3 3868 JJ~~ T~ 3812 8 - ~ 384 ' 3817 3~ i ~,. _ ~ -.:!~ 3876 3895 ~~ Es: ~~~ .r .._~ 3816 ~~ ~ ~ _~ 381~i ~ -~ ~ ; ..1~ 385 _ ~ ~ 13a2o 38 f 9.- ~ 3614 6 _y ' 3821 _ ~ - •i ~ ~ ~ 3814 l ~ ` ~ _ 3825 ~~ ~38a~1 I 34 ~ ~~~3824 3823 ( ti. 837~~8• ~ '. 32 ~ ~~4 8 4 ti~ _~ 3818 l 3827 - ~ " ~ f _ 3822 r ~ I 982b _ _ 1 839 3691 F'Y833 ; i '.3826 . 3835 ' ~~ ` 1..383 ~ / ~ . " .QI ~ ~ 3834 3833 3840 ,, ~ e ~ ~ .`!.~ B 9 r 3835 ~ ~/ Ir. V 2 .J ~, t ~ ~ ~~~ L _ ._ :~ ~ i 3838 ~ `. S ~ } ~ 3832 3828 ~ 3855 ~~8~$ ~] -----_-_~~ ~ ~ S ~ ~ ~ 3s4a-~ ~ 3s42 j ~ ~ 4 3855 i ``F? _ _ .~~~1- N '~ } s~ ~ ~ _ t . ~ ~~~ 3859 L %'4 r~ ~... . J ~ ~ 4 I ~• 111 }~ 3863 .~ 3846 ,`~ ~ ~ ~k rr ~ ~ 8 ~ / 1 -~ ~ l - , ~ :8858 385A ~ ~' 7 i 3887 i ,: 38£8 ~. \ ,C~ [ 3~s6v ,.,~ - rsas4 ~ 3s62 ~,~ i~~/ 2 ~ ~,~y. f~l ~ ~ 3877 '.•~ ~ > ; fi -' ]...L---JJJ~, ' ~-_- _- ~~/ ,/ @~~~ ~ 387ff 3 ~ J( ~ 3866 ~ ( ----~ _ ~ ~-_ ~ ~~ \ ~ - ~' ~~ l -rte ~__ ~ ~- ~. ^ ~ ~.~ ~ `~ ,~ ~ ~~ 1] ~ ~ ~ ~ A55ES5~VlENT Af2EA ~ ~ _ -J ~~ ~ •~ ~~~', _ 5TF2EET ffVIPRC3VEMENTS $ 22&.{301 TOWt~HDiv1E LDT Briar Hiil ~ st, 2r~d & 4th Additvins ~~~~ ~~~~~~ Neighborhood Street Revitali2ation 7~ 08125120Q8 Englneering Department Project 956 - Fina! Assessmer3fs - ` € 3 - [ ._ f 1 _ I I ~ ,r ~ _. NDRTN ~, I ~~Z - .~ ~--- - (L~ ~'oml~ined .f4ssess~nent Roll Project Nun26er I ~P956 _ Proposed Pending PID Addition 1Vanae Address Assessment Assessment Wcrriarrce 10-14990-010-01 Briar Hill 3862 Laurel Ct $276.48 $22$.00 ($48.48} 10-1499D-020-09 Briar Hill 3804 Laurel Ct $276.48 $228.D0 {$48.48} 20-1499{)-030-01 BriarHiil 3806 Laurel Ct $276.4$ $22$.[30 {$48.48) 10-24990-D40-01 Briar Nil# 3808 Laurel Ct $276.48 $228.00 ($48.48} 113-24980-050-01 Briar Nill 3890 Laure! Ct $276.48 $228.D0 {$48.48} 10-1499D-06D-01 Briar Full 3832 Laurel Ct $276.48 $22$.40 {$48.48} 10-14990-070-01 Briar Hill 3814 Laurel Ct $276.48 $228.013 {$48.48} 10-24990-D80-01 Briar Hilt 3816 Laurel Ct $276.4$ $228.OQ ($4$.48} 10-14990-090-0? Briar Nitl 381$ Laurel Ct $276.48 $228,DD {$48.48} 10-14990-100-01 Briar Hill 3$20 Laurel Ct $276.48 $22$.OD {$4$.48} 10-24990-110-01 Briar Hill 3822 Laurel Ct $276.48 $228.00 {$48.48} 30-94990-?20-01 BriarHil! 3824 Laurel Ct $276.48 $22$.00 ($48,48) 10-14990-130-01 Briar Hilt 3834 Laurel Ct $276.48 $228A0 ($48.48} 10-14990-240-01 Briar Flit) 3836 Laurel Ct $276.48 $228.00 {$48.48) 10-14990-150-01 Briar Hili 3838 Laurel Ct $276.48 $228.00 {$48.48} 1 D-9 49913-2 64-D1 Briar Nil) 384D Laurel Ct $276.4$ $22$.00 {$48.48} 10-1499f3-970-01 Briar Hill 3830 Laurel Ct $275.48 $228.00 {$48.48} 113-14990-180-02 Briar Niil 3828 Laurel Ct $276.4$ $228,00 {$48.48} 10-1499D-190-01 Briar Hili 3832 Lauret Ct $276.48 $228.00 {$48,48} 10-24990-200-01 Briar Niil 3828 Laurel Ct $27fi,48 $228.00 {$48.48} 10-1.4991-010-D1 Briar Hilt 2rkd 3803 Laurel Ct $276.48 $228.00 {$48.48} 113-14991-020-Q2 Briar Ni#12nd 3801 Laurel Ct $276,48 $228.00 ($48.48} 10-?4993-030-01 Briar Hill 2nd 3807 Laurel Ct $276.48 $22$.00 ($48.48} 10-14991-040-01 Briar HIII 2nd 3805 Laurel Ct $27$,48 $228.00 {$48.48} 10-14991-050-D1 Briar Hi#I 2nd 3813 Laurel Ct $275.48 $228.00 ($48.4$] 10-14991-060-131 Br#ar Ffi1l 2nd 3811 [.sure[ Ct $276.48 $228,00. ($48.48} 10-14993-070-01 Briar Hill 2nd 3817 Laurel Ct $276.48 $22$.00 {$4$.48} 20-14991-080-01 BriarNill2nd 3815 Laurel Ct $275,+}8 $228A0 ($4$.4$] 20-14991-090-01 Briar Hitt 2nd 3821 Laure! Ct $276.48 $228.D0 {$48.48} 10-14889-100-01 Briar Hill 2nd 3829 Laure# Ct $276.48 $228.4[] {$48.48} 10-14991-1101-01 Briar Hill 2nd 3825 Laurel Ct $276.48 $228.40 {$48.48} 10-14991-120-01 Briar Nil1 2nd 3823 Laurel Ct $275.48 $228.00 [$48.48} 10-14992.130-01 Briar Hitl 2nd 3835 Laurel Ct $275.48 $228.00 {$48.48} 10-14991-140-01 Briar Hill 2nd 3833 Laurel Ct $276.4$ $228.00 {$48.48} 10-?4991-150-01 Briar Hill 2nd 3839 Laurel Ct $276,48 $228.00 ($48.48} 10-14991-160-01 Briar Nit# 2nd 3837 Laure! Ct $276.48 $228.00 {$48.4$} 10-14993-410-01 Briar Hill 4th 3801 Heather ar $276.48 $228.00 {$48.48} ?0-'14993-010-02 Briar Hill 4th 3802 Heather ^r, $275.48 $228.00 {$48.48} 10-24993-020-01 Briar Hill 4th 38133 Heather f]r $275.48 $228A0 {$48.48} Wedt2esday, OcrnberYS, 2~p8 ~~ Page 1 of3 ~'oml~ined Assessment l~~ll Project Number .I t7P956 Proposed Pertdirrg F~`D Addition Nrrraae Address Assessrraerrt Assessrrzerat ~rariance 10-14993-020-D2 Briar Hill 4th 38D4 Heather t]r $276,48 $228,D0 {$48.48} 10-14993-030-41 Briar Hill 4th 3845 Heather Dr $276.48 $228.4D {$48.48} 20-14983-D30-fl2 Briar Hill 4fh 38D5 Heather pr $27$,48 $228.00 ($48.48} 10-14993-040-01 Briar Nill 4th 38D7 Heather Dr $275.48 $228.DD ($48.48) 1 D-14993-fl4D-02 Briar Hill 4th 3808 Hea#her pr $276.48 $228.DD ($48.48} 10-14993-450-41 briar Hii! 4th 3849 Heather Dr $276.48 $228.OD {$48.48} 1D-14993-0513-02 Briar Hili 4th 3810 Heather Dr $278,48 $22$.00 ($48,48} 10-14993-060-01 Briar Hi1i 4th 3811 Heather pr $278.48 $228.00 ($48.48) 9 D-14993-06D-02 Briar Hill 4th 3812 Heather Dr $276.48 $z28.DD {$48.48) 90-14993-070-01 Briar Hill 4th 3813 Heather pr $275.48 $228.DD {$48.48} 10-34993-D70-02 Briar Hill 4th 3814 Heather Dr $275.48 $228.00 {$48.48} 1 D-14893-D8D-D1 Briar Hill 4th 3815 Heafher i7r $276,48 $228,DD ($48.48} 10-14993-0$D-02 Briar Hit! 4th 3815 Heather Dr $276.48 $228.00 ($48.48} 1D-14983-D90-D1 Briar Hill 4th 3817 Heather Dr $276,48 $228,00 {$48.48} 10-14993-100-01 Briar Hitt 4th 3829 Heather Br $276.48 $228.D0 ($48.48) 1 D-14993-11 D-09 Briar Hi114th 3821 Heafher ^r $276.48 $228.OD {$48,48} 10-14993-120-01 Briar Nill4th 3823 Heather Dr $276.48 $228.D0 {$48.48} 10-14993-130-01 Briar Hi#14th 3825 Heather 17r $276.48 $228.D0 ($48.48} 10-14993-14D-D1 Briar Nili 4th 3827 Heather Dr $276.48 $228.40 {$48.48} 1D-14993-1513-Di Briar Hit[ 4th 3$29 Heather ^r $276,48 $22$.Dfl• ($48,48} 1D-94993-164-01 Briar Hiil4th 3831" Heather Dr $276.48 $228.60 {$48.48) 10-94993-170-D1 Briar Hill 4th 3833 Heather Br $276.48 $228,DD ($48.48} 1D-14993-184-41 Briar Nil[ 4fh 3835 Heather Dr $276.48 $228.0{3 {$48.48} 90-'14993-190-fl2 Briar Hilf 4th 3837 Heather pr $276.48 $228,00 ($48.48} 9 D-14993-240-01 Briar Hitl 4th 3839 Hea#her ~3r $278.48 $228.OD {$48.48} 10-14993-21 D-01 Briar Hill 4th 3841 Heather Dr $275.48 $228.130 {$48,48} 90-14993-220-61 Briar Hilt 4th 3843 Heather Dr $276.48 $228.D0 ($48.48} 1 D-14993-230-01 Briar Nill 4fh 3845 Heather Dr $276.48 $228.D0 {$48.48} 10-14993-24D-D9 Briar Hill 4th 3841 Heafher Dr $276.48 $228,OD ($48,48} 10-14983-254-D1 Briar Hit! 4th 3849 Heather pr $276.48 $Z28AD ($48.48] 10-14993-250-01 Briar Hiii 4th 3851 Heather Dr $275.48 $228,64 {$48.48} 1 D-14993-27D-01 Briar Ht114th 3853 Hea#her i7r $27$.48 $228.00 {$48.48) 10-14993-280-01 Briar Hilt 4th 3855 Heather Dr $276.48 $228.D4 {$48.48) 1D-14993-29D-D1 Briar Hill 4th 3857 Hea#her Br $276.48 $228.DD ($48.48} 1 D-14993-300-D9 Briar HiIE 4fh 3859 Heather Dr $276.48 $228.{36 ($48,48} 20-14993-320-01 Briar Nilt 4th 3881 Heather Dr $278.48 $228.DD {$48.48} 10-14993-320-01 Briar Hifl 4th 3863 Heafher Dr $276.48 $228.40 ($48,48) 1 D-14993-33D-D1 Briar Hiil 4fh 3885 Heather pr $276.48 $228.OD ($48.48} 10-14993-340-D1 Briar HiE( 4th 3857 Heather Dr $276.48 $228.p0 ($48.48] 1D-14993-350-01 Briar Hitl 4th 3889 Heather 13r• $275.48 $228.D0 {$48.48} 10-24993-360-01 Briar Hill 4fh 3871 Heather Dr $276.48 $228.06 {$48,48} Wef~ite.Sdrtyr, ~clalrer I5, 2~D8 p~~~ Z of 3 ~'om~iined Assessment fall Prnjeet Nrrnaher IOP95G Ply Addition Name Address 1 0-9 49 93-370-01 Briar Hill 4th 3888 Heather L3r 10-14993-384-Q1 Briar Hiil 4fh 3870 Heather Dr 10-14593-390-01 Briar Hlli 4th 3864 Heather Dr 14-14993-44D-41 Briar Hi€l 4th 3866 Heather Dr 14-94993-410-01 Briar Hit! 4th 3860 Heather Dr 1 p-14993-42D-01 Briar Hil[ 4th 3882 Heather Dr 10-14993-430-01 Briar Hill 4th 3855 Heather ^r 1D-'!4993-444-D1 Briar Hiil 4th 3$58 Heather Dr 1 0-9 49 93-450-Q1 Briar Hill 4fh 3852 Heather Dr 1 Q-14993-46D-01 Sriar Hill 4th 3854 Heafher Dr 10-14993-4T0-07 Briar Hill 4#h 3848 Heafher Dr 1D-14993-484-D1 Briar Hill 4th 3$50 Heather Dr 1 0-9 49 93-4 90-fl1 Briar HiIE 4#h 3844 Heather [7r 14-14993-5DD-01 Briar Hil[ 4th 3848 Heather Dr ? 0-14993-510-0? Briar Hl€l 4th 3844 Heather Dr 1014993-524-47 Briar Hiii 4th 3$42 Heather Dr ?0-14993-534-01 Briar Hill 4th 3836 Heather Ur 1 D-14993-544-01 Briar Hil[ 4th 383$ Heather Dr 10-14993-550-01 Briar Hill 4th 3832 Heather Dr 10-14993-58€3-01 Briar Hii! 4th 3834 Heather Clr 14-14993-574-D1 Briar Hill 4fh 3$30 Willow Way 10-94993-580-01 Sriar Hill 4th 3825 Willow Way 10-14993.590-D1 6riar Hiil 4th 3828 Heather Dr 10-14983-500-01 Briar HiI! 4fh 3824 Willow Way 14-94993-610-01 Briar Hill 4th 3820 Willow Way 10-94993-E20-01 Briar Hill 4th 3822 Willow Way 10-14993-630-D1 Briar Hiil 4th 381E Willow Way ? 0-14993-640-01 Briar Hill 4th 3818 Willow Way 1 D-74993-654-01 Briar Hili 4th 3812 Willow Way 1 0-1 4 993-E60-01 Briar Hi€l 4th 3$14 Willow Way 1014993-674-41 Briar Hill 4th 3848 Willow Way '! 0-14993-E80-01 Briar Hit! 4th 381D Willow UUay 10-14993-690-01 Briar Hill 4th 38Q4 Vlli[low Way 10-14993-7fl0-D1 Briar Hill 4th 3$06 Willow Way 10-14993-714-01 Briar Hill 4th 3840 Willow Way 1 D-?4993-72D-D1 Briar Hil[ 4th 3802 Willow Way Summary fQr `SR_!llbr' = 10P956 (915 de(arl records) Sum Prapased Pendi-zg Assessr-ient Assessnrerat Yariasice $276.48 $228.00 {$48.48} $276.48 $228.4D [$48.48} $276.48 $22$AO {$48.48} $276,48 $228.DD {$48.48} $276.48 $228.00 {$48,48} $276.48 $228.DD 1$48.48} $276.48 $228A0 {$48.48} $276.48 $228.00 ($48.48] $2TE.48 $22$.fl0 [$48,48} $276,48 $228.D4 [$48.48} $278.4$ $228.00 {$48.4$} $276.48 $228.4D {$48.48) $27E.4$ $228.fl0 {$48.48} $276.48 $228.D4 [$48.48} $278.48 $22$AO {$48.4$} $276.48 $228.DD ($48.48} $2T6.48 $228.00 {$48,48} $276.48 $228.D4 {$48.48} $276,4$ $228.Of3 {$48.48} $276.48 $228.00 {$48.48} $276.48 $228,46 {$48.48} $276.48 $228A0 [$48,88} $276.48 $228.D0 {$48.48} $276,48 $22$.00 ($48.48} $276.48 $228.44 {$48.48} $27fi,4$ $228.00 1$48.4$} $2T6.48 $228.00 (548.48} $275.48 $228.00 ($48.48} $276.48 $228.44 [$48.48) $27E,48 $228.00 {$48.48} $276.48 $228.04 {$48.48) $276.48 $228,00 {$48.48} $276.48 $228.00 {$48,48} $278.48 $228.D4 {$48.48} $276.48 $22$.00 {$48.48) $275.96 $228.D4 [$47.96) $32,071.16 $28,4+98.04 {$5,623.16} Wednesday, O~foUer 15, 2+?OS Page 3 of 3 CITY PROTECT NO 956 ASSESSMENT NEIGHBORHOOD MEETING BRIAR HILL ISM, ~~~' & 4~n ADDITIONS THURSDAY, OCTOBER I6, 2008 6:30 P.M. ENGINEERINEx CONFERENCE ROOM Attendance; Russ Matthys, City Engineer; 1 person representing 1 property (Janice Kehnemann, 3867 Heather Drive} A. Welcome and Introduction City Engineer Matthys weicozn.ed the property representative and presented the agenda for the meeting. L. Presentation of Project Details City Engineer Matthys aslEed if there were arty questions or corrxnrzents and explairzcd the special assessment process. C. QuestionslComments 1. I am disappointed in the construction of the curb and gutter at my driveway. I scrape the front bottom of my car on the right side t~f the driveway when I enter. The problem existed prior to the street improvements and I hart hoped it would he corrected. I notified the City through the website two years ago about this concern. I was disappointed with the response I received, so I have been watching the schedule for the street innprc~vem€ents on the City website in anticipation of the requested repair. I plan to object to my assessment because the pr~ihlem wasn't addressed. 3867 Heather Drive. Staff will review and provide response to property owszer prior to assessment hearing and to City Council at hearing. Ci:Pz'~j & C:onl1U]56-I3ri~u• Hilil Final Assess InfolMinuces - Proj 355, Briae l~ilI, Final Assess ~~ Rll55 ~a~t~]V5 From: Russ Matthys Sent: Friday, October 17, 20x8 9:26 AM Ta: 'JAI~ICF KEHNEMANN' Cc: Tom Colbert; Tom Struve; Kurt Schlegel; Nancy Bailey 5ub~ect: RE: Street MaintenancelFinal Assessment Attachments: image001.gif Ms. Kehnemann, I have received your w~7tten objection to your proposed assessment for Project 956, Briar Hills Additions. I will forward your objection to the City Council. This written c-mail cflrrespondencc is accepted as a forzxzal objection to the amount of the assessment prc~pflsed to be levied against your property and will be filed with the city clerl~ prior tQ the assessment hearing scheduled for Tuesday, October 21, 2068. As we discussed at the neighborhood meeting last night, I will review your concern in the field with the Street Maintenance staff prior to the assessment hearing anal will contact you prior to the meeting to let you know the response that I plan to provide to the City Council regardzng your concern. You are welcozx~e to attend the assessment hearing. Thank you for bringing this concern to my attention. Z will. speal~ to yvu early next week. Russ Matthys, P.E. [City Engineer ~ City of Eagan r f~-~-,~ City of Eagan 1 383fl Pilot Itnob Road ~ Eagan, MN 55.122 J 659-6T5-5645 ~ 659-675- f, 5694 {Eax} J rmat_#hysCN_cityofe~agan.com " ~~L~ Il F~~i THIS CflINNI€lNICATION 1VlAY CONTAIN CONFIaENTIAI. ANRfOR OTHERWISE PROPRIETARY I+AATERIAL and is thus for use only i3y the intended recip~nf. if you received fhis in error, please contact the sender and delete the a-mail and 'ifs aftachmenis from all compufers. Frain: ]ANICE KEFIitIEMANN [rnaiito:swissmiss62@msn.carn~ Sent; Friday, October 17, Za08 7:17 AM To: Russ Matthys Subject. Street MaintenanceJFinal Assessment Mr. Matthys: I arT3 writing to let you know I abject to the final assessment on Project '355, Briar Hill Additions. I live at 3867 Heather Drive in the Briar Hili Association. I do not agree on paying the total cost of X275,48 because the work was oat adequately done on the end of the driveway fflr 3861-3867 Heather Drive, You can reach me at 651355-8605. .Ionics Kehnemann ~ i~ S Agenda Infvrrreation Merino October 2I, 2008 Eagan City Council Meeting D. PRO.IECT 9S4 GXaORY DRIVEI CEDAR RXDGE CIRCLE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 954 Glory DrivelCedar Ridge Circle -Street overlay Irrlprovements} and authorise its certification to Dal~ota County for collection. FACTS: Project 954 provided for the bituminous street rehabilitation of Glory Dr7ve and Cedar Ridge Circle, both cul-de-sacs west of Nicols Road between Diffley Road and Cliff Road. The Final Assessment Roll was presented to the City Council on September l5, 2tiQ8, with a public hearing schedY~led for October 21 to formally present the final costs associated with this public improvement to the affected bcne~ting properties. • The final assessment cast is approximately equal to the estimated benefit azx~ounts that were presented at the original Public Hearing December 18, 207. • All notices have beery published in the legal papers and sent to all affected property owners inforrriing them of this public hearing, An informational meeting was held on October 16 to address all property Owners' questions or Concerns and provide any additional information of interest. Of the ~ parcels ~1 Public Facility, 5 Connrz~erciall industrial} being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through ~~ FINAL A55E55MENT HEARING PROJECT PU6LIC HEARING DATES Number: Project 954 Assessment: October 21, 2fl08 Name: Glary Drive/ Cedar Ridge Circle Project ApPrv~al Date: December 1$, 2007 Street Tmpra~ements SANITARY SEWER ^ Trunk ^ Lateral Final Feasibility Rate R_ sport Unit: STORM SEWER © Tru n k Final Feasibility Rate Report Units © 5etvice D Lat. Benefitltrunk 1NATER © Trunk ^ Lateral © Service ^ Lat. Benefitltrunk © 1NAC STREET © Gra~ef Base ^ Surfacing/ Signs © Public Facility $1,1,72.23 1 205 Acre ~ CII Equip. $1,950.D9 1 938 Acre Q Driveway 74,OD 95.D0 1 Sa. Yd. OTHER ^ Service Pair 5TREET LIGHTS ^ Insta[latinn © Energy Charge Contract Number of Interest Amount Cit-~ Nurr~ber Parcels Terms Rate Assessed Financed DS-04 . 6 10 Years 6.D°Io X56,800 F.R. ~~.9,14D F.R. $58,786.93 11 421,97 tF.R. =Feasibility Re~nrt} ~~ `~'~ City at Ea~a~ demo To: Mayer and City C€~uncil From: John Gordea•, Assistant City Engineer Date: September 29, ZOOS Snl~ject: )f=inal Assessment Roll, Project 954 Glary Drivel Cedar Ridge Circle Street Innprovements At the public heaving on I]ecember l8, 20g7, the City Council ordered P:•oject 954, and in accordance with the feasibility report, the fallowing improvements were constructed: mill and overlay, replacement of traffic and street signage, the reconstruction of cammerciall industt'ial entrances with concrete entrance aprons, and the replacement of curb and gutter, as needed, for Glary Drivel Cedar Ridge Circle. In the feasibility report, it was proposed to assess 75% of the street overlay and sig~iage improvements far public facility properties (Glory Drive} and 100°/a of the street overlay and signage improvements fro commercial) i~~d€tstrial properties (Cedar Ridge Circle} in accordance with the City Special Assessment Policy. The impravenr~ents were completed undea• Contract 08-04. The following information was used in the preparation of fhe assessrrsent roll for Project 954. PROTECT COST Tlxe co~~struction oast includes the amount of $46,539.9I paid to the contractors for the co~~str-uction of the improvements. Traffic and street signage was itzstaIled at a cast of $566.4], Dther costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $3,1(1'2.51 were incurred resulting in an improvement and project cost of $7=7,208.91. Tl~e detail of these other casts is provided on Scl~ednle T. These other costs are allocated to the irttprovements constructed in order to determine the cast of each improvement and the assessment rate. C4NSTRUCTIDN aTHER COSTS TMPRDV~l1~NT FEASISI<LTTY 11MPRGVEMENT COST CGST REPORT Street Resurfacing) Sign Replace -Glory Driva $13,318.13 $6,531.64 $19,849.77 $20,400 Street Resurfacing! Sig~~ Replace -Cedar Ridge Cir. 15,439.19 7,571.8$ 23,01 1.47 $22,870 Concrete Ent. Aprons 14,015.48 6,873.45 20,888.53 $18,634 Curb & Gutter Repair 4,334.40 2 I25,53 6,459.53 $] 4,040 Totals $47,M6.40 $23,102.51 $70,208.91 $74,994 ASSESSMENTS ^ TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, nave are proposed in this assessment roll. ^ STREET IlI'IPROVEMENTS The costs of tine street overlay and st~'eet sigziage improvements far Glory I3rive were computed using the fallowi~~g u~ait prices and quantities: ITEM UNIT QTY UNIT PRICE EXTENDED CDST Mobilization L.S. 1 $408.40 $408.00 Mill bituminous surface Sq. Yd. 754 [3.56 420.40 Bit~~miy~nus mat, for tack coat Gal. 150 2.50 375.44 .Wear Course Mixture Tan 220.29 43.42 9,475.87 Traffic control L. S. 1 224.44 224.04 R &. R manhole casting -complete Eacl~ 1 675.00 675.00 Adjust manhole casting -complete Each 3 437.Q4 1,311.00 Adjust ma~~hale casting -riser Each 1 145.00 145.44 Traffic signs L.S. 1 283.25 283.25 SUETDTAL Dther costs @ 49.0 °I° Mill &Dverlayl St~•eet Sign Cast $13,318.13 6,531.64 $18,849.77 The costs of'the street overlay and street sig~aage improvements for Cedar Ridge Circle were computed using the following unit prates and quantities: UNIT EXTENDED . ITEM UNIT QTY PRICE CDST Mobilization L.S. 1 $448.80 $408.00 Mill bituminous surface Sq. Yd. 737 0.56 445.32 Bitumi~~ous mat, for tack cast Gal. 125 2.50 312.50 Wear Course Mixture Ton 259.25 43.42 11,583.14 Traffic control L. S. 1 223.00 223.04 Adjust manhole casting -complete Each 4 437.00 1,748.00 Adjust manhole casting -riser Each. 3 145A0 435,00 Traffic signs L.S. 1 283.24 283.21 SUI3TDTAL $15,438.19 Qther costs @ 49A°/° 7,571.88 Mill &Dverlayl Street Sign Cast $23,011.07 2 1~ ^ CQNCRETE ENTRANCE APRQNS 1'he costs of the concrete entrance apron improvements an Cedar Ridge Circle were computed using the fallowing unit prices and quantities: 13NIT EXTENDED ITEM UNIT QTY PRICE COST Remove bituminous pavement Sq. Yd. 135.5 $2.25 $307.13 Common excavation Cu. Yd. 15 14.75 221.25 Remove Canc. Curb & Gutter Cu. Yd. 241 4.95 1,192.9 Aggregate Sase Ton 10 11.30 113.40 Compost, G~•ade 1 Ton 29.15 13.50 393.65 Wear Course Patch -Driveways Sq. Yd. 16.65 15.44 24}.75 7" Concrete Driveway Entrance Sq, Yd. 282.26 .39.44 11,12I ,04 Concrete C & G - I3&12 L.F, 16 1.3.30 2]2,80 Sodding Sq. Yd. 74 2.75 2fl3.50 SC7BTQTAL $14,Q15.48 Other casts @ 49.0% $6,873.45 Concrete Entrance Apron Cast X24,888.53 i llVII'RQVEMENT AND ASSESSMENT RATES The improvement and assessment rates for the public facility property on Glory Drive {Peace Reformed Church) are computed as follows: o Street Qverlay 1 } [$19,849.77 (Mill ~ Qverlay Cost + Signage Cast -- Glory Drive} x 75°/fl] ~ $14,$87.33 [Total Assessment] 2} $_14,887.33 Total Assessrnent~ -~ $I,I72.231 acre 12.7 acres Public Facility The improvement and assessment rates fn~• the commercial) industrial properties on Cedar Ridge Circle are computed as follows: o Street overlay 1} [$23,411,47 (Mill & Qverlay Cost -~ Sig-~~age Cost -- Cedar Ridge Circle} x 104°/n] _ $23,01 I.47[Tota1 Assessment] 2) $2.3,1 ~,~7 (Total Assessment) ~ $~,950.09J acre 11.8 acres Commercial) iilnd a C[~ncrete Entrance Aprons --Cedar Ridge Circle According to the City Special I~.ssessment Policy this improvement is to be 100°/n assessed. The assessment ~•ate per square yard of concrete entrance apron installed was computed using the fallowing: ~~ 1) [$2D,888.53 {Concrete Entrance Aprons --Cedar Ridge Circle) x 100%] ~ $20,888.53 [Total Assessnaerrt) 2) 24 888.53 Total Assessment -~ 574.001 SY 2$2.25 SY Entra7~ces Replaced ^ ASSESSMENT TERMS The assessments are proposed for a terrri of 10 years. Tlae interest rate is 5.0°/© per annurra on the unpaid balance. CITY REVENUES RESPONSIBIL IMPROVEMENT IMPROVEMENT COST Street Resurfacing! Signs - $19,849.'17 Glary D~'i~+e Street Resurfacing! Signs - 23,O l I.07 Cedar Ridge Circle Concrete Entrance Aprons 24,$8$.53 ASSESSMENT CITY REVENITE RESPONSII3ILrTY $14,887.33 ($4,9b2.44} 23,011.07 -- $20,888.53 Curb & Gutter Repair 6,459.53 Total S70,Z08.9U ^ CITY FllND RESPONSIBILITY Major Street p'nd ~ $I1,421.97 Jo n Gna-der, P.E. r~~,~~~~~a.' ~--- Puhlic works Department i^ ~~~-oS Dated C: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant 1 (5,459.53} $58,785.93 ($11,421.97) ~~ +~~~ Dated ;' j r ~ - -....- - --- ~---..., ~ :~ ;mot' NORTH ~ - _ - - s 1+ - -_~ ~ ~Q~ ~ U ~ o' 12.7 Acres ~ ~ ! ]J i I ~ •• ;i ~ !J~ i ~' ~ UI!~ ~, Q; € ~ 3.7 Acres _ ~ ~ i - _._ _... i ~~ ~ 1.4 Acres 'i .4 Acres ~ ~ ~~ -_ __~i ~s Lot 1, B[k 1 ~~ I ! _~ ! 1 q _ W~ ~ Cedar Ridge 2nd 2189 4355 (._ i ~i I !_ _. I --€ ~~ _ ~ 3 i = ~; ~ ,~~ .4 i -~~ ~ ; ' ~' ' ~ ~ 'CEDAR RI©GE C_ fR ` _ _ .: , , -- Q~ ~ r I~~ I ~ ~ I ~ ~ - ~ i i ~_ ~ Lit 2, Blk 1 - ~ - J ~ Q ~ Cedar Ridge 2nd '• s ~ ! ~ --r---~-L.~ ~ ~C~ . U; s - 4381€~ I W € ~ - - ~- ~ ~~ , ~ SHALE -. ~ ~ _- ~'~ ~~ I ~ ~ LEGEND ~' ~ 2.4 Acres 3.7 Acres i N~ o- r ~ ~ ~ ~ A5SE55MENT AREA ~ I ~ `1~' -_-- _..1 ~ ~ _ _ . i STREET 1MPRflVEIHENTS ~ ~ ~ ®~ ~ ~ ~ ~ ®~ ~ Est ~ ~ • CONCRETE ENTRANCE ~~' ] ~ II REPLACEMENT { 7~.[3015.Y.) ~'' I S i "~ ~ I ~ ~ i i i $ 'l,95©.09 per Aere {CEDAR RIDGE CIR. } ~~ ~~! ~ $ 'E.'iT2.~3 per Acre {GLORY CR.} c ~ ~ l i Glory Drive & Cedar Ridge Cir. • ¢ ` ~ ~~~ ~~ ~~~~~ Neighborhood Street ReWitalizatian ©s129124os Engineering department ~ o~ Project 954 -Final Assessments Crombine~ 14ssessment doll Project IVratrr6er IOP954 PrD Additiarr Nurrre Horrse Nbr 1[]-1&824-010-02 Cedar Ridge 1st 4381 1 D-15820-020-01 Gedar Ridge 1st 2189 10-1fi820s-430-01 Cedar Ridge 1st 4355 1D-18821-D10-01 Cedar Ridge 2nd 2195 1D-16821-020-01 Cedar Ridge 2nd 2198 1 0-56909-0 9 0-01 PeaceFu[ Heights 2nd 2180 Summary far `SA Nor' = 14PS54 (8 detail records) Sum Prapased Pending Street Nanre Assessment Assessnrerrt ijariarrce Nicais Rd 17,882.43 $15,766.D0 {$2,11fi.43} Gedar Ridge Gir $7,797.55 $8,150.00 $432.35 Nico[s Rd $fi,402.fi7 $5,758.010 {$544.57} Gedar Ridgy Cir $7,215.33 $7,171.D4 {$44.33} Cedar Ridge Gir $4,580.22 $4,551.04 ($29.22} Glory Dr $14,887.32- $15,300.00 $&12,E8 $58,T85.&2 $56,798.OQ ($1,989.fi2] Wediresdrry, Octnller I S, 20t?S ~ Page 1 of 1 Agenda Information Memo Gctaber 21, ZOQS Eagan City Council Meeting E. PROJECT 962, CLIFF DRIVE STREET ~VFRI~AY IMPRaVEMENTS FINAL ASSESSMENT HEARING ACTXON TO BE CONSIDERED: Approve the Final Assessment Roll for Project 962 tCliff Drive -Street Qverlay Improvements} and authorize its certification to Dakota County for collection. FACTS: • Project 962 provided for the bituminous street rehabilitation of Cliff Drive, between Nicoll Raad and Cliff Road, in southwest Eagan. • The Final Assessment Roll was presented to the City Council on September 16, 20Q8, with a public hearing scheduled for Qctober 21 to formally present the fnal casts associated with this public improvement to the affected benefiting properties. • The final assessment costs are -less than the estimated benefit amounts that Were presented at the original Public Hearing 3anuary 15, 2~Q8. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational zxzeeting was held on October I6 to address al] property owners' questions yr concerns and provide any additional infar•~nation of interest. Qf the 9 parcels fall Commerciall Industrial} being assessed, no one attended the meeting. ATTACHMENTS ^ Fina1 Assessment Report, pages through. ~~ FINAL ASSESSMENT HEARrNG PRD]ECT PUBLIC HEARING DATES Number: Project 96~ Assessment: October 2~. 2008 Name: Cliff ori~e Project Approval ^ate: January 15. 2008 Street Impro~er~ents Final Feasibility Rate Report Unit SANITARY SEWER ^ Tru n k ^ Lateral ^ Service ^ Lat. Senefit~trunk WATER ^ Tru n k © Lateral ^ Service STORM SEWER ^ Tru n k STREET ^ Gravel Base Surfacing Signs Final Feasibility Rate Re„~ort units © Multi Farr~iiy Equip. ^ Lat. Benefit trunk © WAC Q C~1 Equip. d l7ri~eway ~ 509.72 3 X35 Acre ~5.~9 ~~ s1.~. Yd. OTHER ~ STREET LIGHTS ^ Service Pair ^ InstaE;atian © Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 0804 9 10 Years 6.0°Io X55.570 F.R. 1~ 8~0 E.R. ,54.802.43 X7,083.12 (F. R. =Feasibility Report) `f' ,~ City of Ea~a~ ~cmo To: Mayor and City Council From.: Jahn Corder, Assistant City Engineer Date: September 29, 2QQ8 Subject: Final Assessment Roil, Project 962 Cliff Drive Street Improvements At the public heari~tg on January 15, 2448, the City Council ordered Project 962, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay, replacement of traffic and street sigi~age, the reconsti-~~ction ^f commercial) industrial entrances with concrete entrance apro~as, and the replacement of curb and gutte~•, as needed, for Cliff Drive. Tn fhe feasibility report, it was proposed to assess 104% of fhe street overlay and signage imp~•ovemenfs, and 104% of fhe concrete entrance apron improvements, in accordance with the City Special Assessment Policy. The improvements were completed under' Conts'aet 08-04. The fallowing information was used in the preparation of the assessment roll far Project 962. PROJECT COST The construction cost i~~cludes the amount of $39,487.88 paid to the contractors far the construction of the improvements. Traffic and street signage was i~3stalled at a cast of $368.96. other casts including engineering, design, contract management, inspections, financing, legal, banding, admittish-ation, and other totaling $22,028.91 r~vere incurred resulting in an improvement and project cyst of $G1,885.55. '1'he detail of these other casts is provided on Schedule L `T'hese other costs are allaeated to the improvements constructed in ordea' to determine the cast of each improvement and the assessment rate. CONSTRi.TCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Itesurfacingl Sign Replace $19,396.49 Cnnc~•ete Ent. Aprons 15,898.35 Curb & Gutter Repair 4 561.80 Totals $39,856.54 $14,724.51 $30, l I7.Q0 $38,820 8,787.48 24,&85.43 $2&,750 2,521.32 7,fl83.12 11824 $222,428.91 $61,885.55 $77,39 ~~ ASSESSMENTS ^ TRUNK ASSESSMENTS No t~'u~~k assessnne~ats far utilities were proposcd in the feasibility report, therefore, none are proposed in this assessrne~tt roil. STREET IlVIPRDVEMENTS The costs of the street overlay and street signage improve~r~ents ware computed using the fallowing unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $816.40 $816.00 Mill bituminous surface Sq. Yd. 1,447 4.56 814.3.2 Bituminous mat. for tacl~ coat GaE. 240 2-SO 504.44 Wear Course lvlixture Tan 349.54 43,02 15,037.21 Traffic control L. S. 1 447.44 447.44 Adjust water valve box -riser Each ] 114.40 114.04 Adjust rnanholecasting -complete Each 1 437.40. 437.40 Adjust rrza~~hale casting -riser Lach G 110.00 874.00 Traffic signs L.S. 1 358.95 368,96 SUBTOTAL $14,395.49 Other costs ~u 55.3°/u $10,724.51 Mill & Dverlayl Street Sign Cost $3p,117,pp CONCRETE ENTRANCE APRONS The casts of the concrete entrance apron improvements were computed using the following unit price s atad quantities: UNIT EXTENDED ITEM i]NIT QTY PRICE COST Rernave bituminous pavement Sq. Yd. 206 $2.25 $463.50 Comtrzan excavation Cu. Yd. 10 14.75 ] 47.54 Remove Conc. Cush & Gutter L.F., 174 4.95 851.34 Remove Conc. Valley Gutter Sq. Yd. 57 18.85 1,474.45 Aggregate Base Ton 14 11.30 113.00 Compost, Grade i Ton 12 13.50 162.04 1lVear Course Patch -Street Sq. Yd. 1.34 15.00 13,54 7" Goizcrete Dt'iveway Entrance Sq. Yd. 327.42 39.44 12,94035 Sodding Sq. Yd. 57 2.75 156.75 SUBTOTAL Other costs @ 55.3'/0 Concrete Entrance Aprnn Cast 2 $15,898.35 $8,787.48 $24,685.43 ~~ E IMPRDVEMENT AND ASSESSMEI~~T RATES All assessable properties within the project area are corrzmerciall industrial. The improvement and assessme~~t rates far commercial) industrial properly are computed as follows: o Street D~eriay 1 } $30,117.00 (Mill & Qverlay Cost ~- Sigage Cost} x l 00°/n] _ $3Q,117.OQ [Total Assessment] 2} X30 117.40 {T~tal Assessment} ~ $2,509.721 acre 12.D acres Comxnerciall Ind o Concrete Entrance Aprons According to the City Special Assessrrzent Policy this improvement is to 100% assessed. The assessment rate per sc{uare yawl ref concrete e~at~•ance apro~z installed was computed usirzg the following: 1) [$24,b8S.~3 (Concrete Entrance Aprons} x 10Q%] _ $24,b$5.43 [Total Assessment] 2} $24,b8S.43 (Total Assessment}~~ ~ $75.39! SY 327.42 SY entrances Replaced ^ ASSESSMENT TERMS The assessments are proposed for a term of 10 years. The interest rate is 6.4°/° per annum on the t~ripaid balance. CITY REVENUES RESPDNSIBILTI' IlMPRDVEMENT ASSESSMENT CITY IMPROVEMENT CDST REVENUE RESPONSIBILITY Street Resurfacing! Signs $30,117.00 X30,117.00 Conc~•ete Ent, Aprons 24,b85.43 $24,b8S.43 Curl3 & Gutter Repair 7,0$3.1.2 Total $6I,885.55 $54,842.43 CITY FUN.t] RESPDI~TSIBILITY Major Street Fund = $7,483.12 $7 D83.12} ($7,483.12) g9 1 F ~ ~r ~~ ~ T tt Gorder, P.E. . - - . _ Reviewed: ~. Public Works Depart€nent [ ~ ~~{~-~c3~ Date c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant 1 Date q~ ~~~ ~~ °¢ A~ ~ 2~z, 21~s 9~ CL[FF ^RlVE ~ ;~.i. - ~ ----........ ~ n 0.4 Acres ~ , ,.~ CL~ FF RQA^ 0 ~' LEGEND ® ®~ ASSESSMENT AREA STREE7 klNPROVEMEk~TS xx.x $ 2,509.72 per Acre ~ CONCRETlw C]RtVEWAY ENTRANCE REPLACEMENT $ 75.391 S.Y. _ CEiF ~riWe ~~~~ ~~~~~ Neighborhood Street Re~itaiizafion fl9~29J2flfl8 Engineering k7eparEment ~ ~ Final Assessments - Project 96Z ~ ~ ` i 2~~~ ,. 2 ~ ~ 4.3 Acres j P.q~AR ~Lrfi~ ~ ~RDD~rf~N M'1l~l~Rc~AL 2~os 0 ~'amhine~ ~issessment Roll Project 1VutriBer ~OP9b2 Prr~posed PenElijZg FID Arl~lition Name Address Assessnre~zt rlssessnie~rt Ifariaace 10-16620-010-01 Gedar Cliff Commercial Park 2121 ClifF Dr $'[3,930.38 $15,720.00 $1;789.62 10-16620-010-02 Cedar Cliff Commercia[ Panic 2125 Cliff Rd $27,Q66.99 $2B,$10,00 {$256.99} 10-18620-924-02 Cedar Cliff Commercial Park 2109 Cliff Rd $1,003.89 $1,290A0 $2$6.91 10-16622-010-01 Cedar Cliff Commercial Park 3rd 4555 Scott ~r $2,258,75 $8,160.00 $5,901.25 10-16623-030-01 Gedar Cliff Corrimercia! Park 4th 2105 Cliff Ftd $4,517.50 $5,$20.00 $1,302.30 1 0-1 6524-001-05 Cedar Cliff Cornrttercial Park 5fh 29'[3 Cliff Dr $1,505.83 $1,940.00 $434.17 10-1fiB24-002-05 Cedar Clifif Commercial Park 5th 2135 Gliff Dr $1,505.83 $1,944.00 $434.17 10-18624-003-05 Cedar Cliff Commercial Park 5th 2117 Cliff Dr $1,505.83 $1,940.00 $434,17 10-16524-044-05 Cedar C€iff Commercia! Park 5th 2119 CiifF Dr $1,5(35,$3 $1,94Q.00 $434.17 Summary for'SA fV6r' = 94P9fiP {9 detail records) Sim 354,8Q0.83 $65,5fi0.I74 $1q 759.97 1~edjtesday, (3ctaLer 25, 2408 ~ ~ .Page Y of I Agenda Information 1Vlemo October 21, 2flQ8 Eagan City Council Meeti~~g F. _P_ROJECT 96G, FEDERAL DRIVE STREET GVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TD BE CONSIDERED: Approve the Final Assessment Roll for Project 9GG Federal Drive -Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: ~ Project 96G provided for the bituminous street rehabilitation of Federal Drive, between Yankee Doodle Road and ~7Vashington Drive in central Eagan. ^ The Final Assessment Roll was presented to the City Council on September l6, 24Q8, with a public hearing scheduled for October 2l to formally present the final casts associated with this public improverx~ent to the affected benefiting properties. ^ The final assessment costs are less than the estimated benefit amounts that were presented at the original Public Hearing February 19, 2flD8. ^ All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on Qctober 16 to address all property owners' questions or concerns arzd provide any additional information of interest. Df the 3 parcels ~~ Commercial! Industrial, 1 High- Dcnsity Residential} being assessed, n^ one attended the meeting. ATTACHMENTS ^ Final Assessment Report, pages through. qa FINAL ASSE55MENT HEARING PR~]ECT Pt1BLIC HEARING ©ATES Number: Project 966 Assessment: October 21. ZD08 Name: Federal Drive {Washington Dr. to Project Apprflual Date: February 19. ZDOS Yankee Dandle Road} Street Improvements lFinal Feasibility Rate R. ep0l~'l Units SANITARY SEWIER © Tru n k ^ Lateral ^ Service © L.at. Benefit/trunk 1NATER © Tru n k ^ Lateral © Service ^ Lat. Benei=it/trunk ^ WAC DTHER ^ Service Pair STORM Sl~WER D Trunk Final Feasibility Rate R, sport Units STREET ^ Gravel Base ^ Surfacing/ Signs Q Multi Famify Equiv, CSI C/I Equiv. ^ Driveway 11.54 12.36 1 F.F, ZD.82 22.71 F.F. I54 STRIEET LIGHTS ^ Installation © Energy Charge Contract Number of - - Interest Amount CItV Number Parcels Terms Rate Assessed Financed DS-D4 3 1D Years 6.[l°I^ $22.$3D F.R. $5D,15D F.R. $21.DDD,55 $42.725.45 F.R. =Feasibility Report} 4~ '~' Ciiy of Eagan bemo To: Mayor ared City Council Frnn€: John Gnrder, Assistant Ciiy Engineer Date: September 29, 2408 Sulsjeet: Finat Assessment Ralf, Project 9C6 Federal Drive Street Improvements At the public hearing on Feb~vaiy 19, 2008, the City Council ordered Project 96d, and in accordance with the feasibility report, the followi:ag impa•ovetnents were constructed: mill and overlay, and replacement of traffic and street signage for Federal Drive {~Iashingto~~ Drive to Yankee Dandle Raad), and replacement of curb and gutter as needed. Ira. the feasibility repot, it was proposed to assess 7S% of the street a~~d siga~age improvements to the R-4 residential properties and 1 OQ% of the street and signage improvements in accordance with the City Special Assessment Policy. The improveme~~ts wes•e completed under Contract Q8-Q4. The fallowing information was used its the preparation of the assessment roll for Project 95d. PRO.IECT COST Tl~e construction cosf incla~des the amount of $38,908.79 paid to the contractor's foa' the construction of the improvements. Traffic and street signage was installed at a cost of X848.24. Qfher costs including engineering, design, contract rrranagement, inspections, financing, legal, bor3ding, administration, and other totaling $24,049.97 were incurred resulting in an improvemetrt and project cost of $43,727.00. The detail of these other' costs is provided an Schedule I. These othez' casts are allaca#ed tti the irr~prove~ne~~ts constructed in order to determine the cost of eacl~ irnpravement and the assessrrient rate. IMPROVEMENT Street Resurfaci~~gl Sib replace Curb & Gutter Repair Totals CONSTRUCTION OTHER COSTS IMPROVEIYIENT FEASI]3ILITY COST CAST REPORT $23,729.25 $14,344.94 15,987.78 9,f65.0~ X39,71.7.03 $24,009.97 $38,Q74.19 $41,54a ZS,dS2.81 $3 l ,49~ $43,727.D0 $72,994 ~~ AS5ESSI~NTS ^ TRUNK ASSESSMENTS Na ti-~nk assessments for utilities were proposed in the feasibility repoa-t, therefore, none are proposed in this assessment rail. ^ STREET IlVIPRDVEMENTS The casts of the street overlay and street signage improvennents were computed using tl~e following unit prices and quantities: UNIT EXTENDED ITEM UI~~T QTY PRICE CDST Mobilisation L.S. 1 $816.00 $81CAO Remove 12" RCP L.F. 4 $10.00 $40.00 Mill bitumittaus surface Sq. Yd. 1,869 O.S6 1,046,64 Sitt~minous mat. far tack coat Gal. 250 2.50 625.00 Wear Course Mixture Ton 421.$3 43.02 18,147.13 Traffic control L. S. 1 447.00 447.00 Pavement Message (Ltl Thru} Each 1 175.00 ~ 175.00 24" Solid Lia~e -White Epoxy L.F. 23 6.00 138.00 24" Solid Line -Yellow Epoxy L.F. 75 3.40 255.00 4" l7ouble Solid Li~~e -Yellow Epoxy L.F. 1,225 0.42 514.50 4" Solid Line- White Epoxy L.F. 1,167 0.22 256.74 8" Solid Line -White Epoxy L.F. 11 S 4.40 460.00 Traffic signs L.S. 1 808.24 808.24 SUBTOTAL $3,729.25 Ocher costs ~ G4.5°/° 14,344.94 Mill & D~verlayl Street Sign Cust $35,074.19 ^ IMPROVEMENT AND ASSESSMENT RATES Alt assessable p~'operties within the project area are high-density residential and commercial) industrial. The improvement and assessment rates far high_density residential properties are computed as fo3laws; l} % of R-4 Assessable = 355 F.F.11827 F.F. Total = 19.4% 2) [$38,704.19 (Mill & Overlay Cost} x 19.4°/a (pe~•centage afF.F.) x 32144 x 75°/¢] = $4,095.61 3j $4,895.611355 F.F. = X11.541 F.F. 2 ~~ Tl~e impraveme~at and assessment rates f'or camrrierciall indnsti•ral properties are computed as follows: ]) % of Commercial Assessable = 812 F.F.1 1827 F.F Total ~ 44.4°/n 2} [$3 $,Q74.I 4 (Mill & Dverlay Cost} x I Q~% x 44.4°/v] -$16,9Q4.94 (Total Commercial) Industrial Assesstxzent) 3} $ l G,~04.341812 F.F.-~ $2~.8Z1 F.F. ASSESSMENT TERMS 'I`he assessments are proposed for a te~7n of 10 years. The interest rate is GA% per annum ^n the uzapaid balance. CTT'Y REVENGES {RESP~NSIEILITY} ,_ - IlVIPRdVEMENT ASSESSMENT CITY ~MPRaVEMENT CDST REVENti-E _ _R_ _E_SPDN_SI$~L~TY Street Resurfacing) Signs $38,fl74.19 $21,DQQ.SS x$17,073.64} Curb B~ Gutter Repair 25,652.,$1_ {25,G52.81} Total $63,727.~Q $21,~~0.55 {$42,726.45} CITY FUND RESPQNSIEILITY Major Street Fund = $42,725.45 r :' `~ n Jo Gordez',1'.E. }~eviewed.• ~~~~ Public Works Department ~~ -- ~ ~ --off Date c: Thomas A. Colbert, I3irector of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I ~- ~ ?~ '~ ~ Date 3 G~ t~'inance llepartment ~vo~t~t~ L 1 1, 'y ~ ~,' ~:' '~ ''i '~',' .. i ', i 1 L -. tl _ _ -_: ~ _. ~ COUNTY HWY. No. 28 ~ YANi'tEE DD~DLE RD - --~ - J - ~ 3~4~p ~ ~~~, ~ ~~ !~ ~ ~~~ _~ -- -__-~ ~ ~®~~~~® ~~~~w~~ ~; ,~ ___ ~ _ --_{~ W ~PNd ~ D R. ' ~- -L,'-, ~ ~/ ~ J ~- - ~ ' ~ W i- '~~ ~~ - ~ 1 i -- _ ~. _~, {____ -- ~~~`_`_ ~~~ HEIGHTS 7 SuRR~ _ _ _ __ 4 - --- . ~: = ~ i i ~ ~ ~r ~__ ~ ~ I DR. ~~ _J i~~ ~i ', ~,I •....- --.. ~.--.~ -..... ASSFSSf~AENT Af:EA ~ - s~€~~~r i~n~t~a~~n~irnt~s V _- _. _ ; ' ~ ~ ®~ ~ High Density Residential ants ~' - i - ... I ~ ' i i @ 11.541 F.F. ~~ ~ ' f I I__ - -i ~ Gommercia! J Industrial G:Projeck & Canfroct Info/D96fi Fl~ol Assessments 1 ~ ~ @ 20.84 ~ F.F. Federal Drive - Yankee Doadle Rd. to ~iVashir~gton Dr.} ~~~~ ~~~~~ Neighborhood Street Revitalization osl2slzoos engineering Departrr~en# ~~ Pro~eot 966 -Final Assessments . ,~ • ,~: :° • r, ~~ ;.1 '! 'l46fi ~, ~. -- r. ~ ~~ _ _ ~ ~ i ~ ---_ J-- ~\~ : pnnAA ~ ~ ~ :s , i ~ ~; ~: `' ~ll ~ I 4 ~ S { .~ 4 ~ F _ - - - R ,`.` r "/ i ~ .-~ ~ F WASHINGTON _ _ ~~; ------P_-~ ~ J +, - -- - -- ~~ti ti, <, r LEGEND ' L-.. - Comhirted Assessment Rill Project Nr~rrrlaer 1 DP96~ PID f4ddition Nance 10-14€301-Q1Q-01 Bicenfer~nial2nd 10-140Q4-Q10-41 Sicenfennial5fh 10-72935-020-(39 Surrey Gardens Summary for'SA_Nhr' = 9t7P8S6 (3 de Sum Address 1466 Yankee oaadle Rd 3440 Federal Dr 3415 Federal Elr tail records] Projloserl Peardir:b Assesrrrrerrt Assessnrerrt T'crriance $7,703.4Q $8,400.OQ $696.60 $9,202.44 $10,040.00 $837.56 $4,496.T0 $4,390.OQ $293.3Q $2,002.54 $22,830.Qf7 $1,827.15 Wedfaesday, Qcinber Y5, 2408 ~`~, ~ Page 1 of I Agenda In~orrnation Memo October 2I, 2Ut18, Eagan City Council Meeting VIII. NEW I3USLNESS A. PRELIMINARY AND FINAL SUBDIVISION EAGAN PLACE 4`n --- MSP COMMERCIAL ACTIONS TD BE CONSIDERED: To approve tCR direct findings of fact for denial} of a Preliminary Sr~bdivision Eagan Place 4t~' Addition} to create two lots upon approximately 3.39 acres located at 3.215 Town Centre Drive, legally described as Lat 1, Black ],Eagan }'lace 3ra Addition, in the NE'/4 of Section 15, subject to the conditions listed in the APC minutes. To approve a Final Subdivision Eagan Place 4t~' ~Lddition} to create two lots upon approximately 3.39 acres located at 1215 Tov,~~n Centre Drive, legally described as Lot 1, Block 1, Eagan Place 3~`~ Addition, in the NE'/~ of Section 15 REQUIRED VOTE FOR APPROVAL: Majnrity of Council Members present. FACTS: - A Planned Development Amendanerit for this property was approved earlier this year permitting atwo-story rriedical affzce building which is currently under construction at the west end of the site. - Tkze site previously consisted of two parcels, which were combined and replotted as a single lot for the office development. - .During the review of MSP's Planned Development Arnend~nent, I3SBSM and the City both raised concerns about shared parking and parking easements cover7ng the site. - MSP and BC135M worked out a solution to the concerns whereby the easemcrzt would be eliminated, and a portion of the land {the easterly O.FB acres} would be deeded to l~L'HSM. - The PD As~nendmezat approved by the City which allowed Elie MSP development to move tc~rward, required that MSP complete a subdivision and platting of the property. ~ No new development is proposed with this subdivision.. ISSUES: Nrine IZ~-DAY AGENCY ACTION DEADLINE: December 18, 2D08 ATTACHMENTS (3}: Location Map, pages ~ September 23, 2008 APC n~inutes, pages ~~ threugl~~- Planning Report, page~~ through [~~ '~~ Eagan Boundary Rlghf•of•way t ~~ ~~~ ^ ~ ~ ~ ~ Parcel Area ^^ Park Area i ~ Building Faofprinf - - ___ ~ __ S • -_ -_-_ ~ __ _ -- ~ - D ~ ,~' o . a ~ ~ Subject Site • ~ oaA ,_ ~ ~. Q =,~ - ~ . -:_ =C~ ~ ~ o ~~ ~ - ~ _ --- . Jr:~ - ~ ~~ ~ - _ ~; - s¢ a>~n nfl ©Q fl©~ n~Ei ~-ws` q , 4 - __ ~ t~ 6 igti J ~ ~ ~ 3: Lai 6Q"~ ~ ~~ g4g ql~ J~ 4 4 p - E} d p. ~a ~3 ~ ~ (.~ ~ - is ~] nn nn nSn7 ° ,. ~ oo ~ 6 D o 4 ~ b p ° ~ ~ ~ ~ ~ ~ ~ ~ ~ a is s ~ p - n 3 Q s f? ~ - [] a GS a p p ~ - - p O ~ ~ Q ~ ~ 4 ~ ~ ~ ~ 9 ~ ~ ~ ~ 4 a~ ~~~ ~ - 3 _ - d ~! cs ~P . ~ ° ~ 53 ^a~ ~ p ~ pna s3~ :330 0 }630 2W3 FeeE ©evelopmen~JOevelvper; 1V15P Commercial Application; Preliminary Subdivision Case No.; 15-PS-D3-08-©8 ~~[ H ~j~~Y ~~ ~{~11{~~ 71ii5 MAP 15 fNTE{JO'ED FpR FtEF51tENCE LiSE OidLY ~ ~ JJJ 6 T}~v City of Eagan and E3akafa County do ~iof guarar<tce tF:e accuracy of this iniormatian snd are S :emmualty acvelepment oapartma~t not responsible For errors or amisslens. __ AE~VES(}l}' F~18i3E3EClv'~ ~,l)E'y3731kSS1[111 .~.~iti~lt~.I37 ~3Cr ~3, ~~~~)~ I':E~~f: fi E]f I? D. Eagan Place 4th Addition Applicant Name: MSP Commercial Location: 1215 Town Centre Drive; Lot 1, Block 1, Eagan Place 3rd Addition Application: Preliminary Subdivision A Preliminary Subdivision of 3.39 acres to create 2 lots. Pile Number: 15-PS-D3-D8-Q8 Planner Dudziak introduced this item and highlighted the information presented in the memorandum dated September 17, 2x98. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the publid hearing and turned the discussion back to the Commission. Member Zoberi moved, Member Keeley seconded a rrotiort tv recamn~iend approval of a Preiiminary Subdivision to create- two lots upon approximately 3.39 acres located at 1215 Town Centre ^rive, legally described as Lot 1, Block 1, Eagan Place 3`~ Addition; in the NE'/~ of Section 15, subject fo the following conditions: 1. The developer shall comply with these standards candfans of plat approval as adopted by Council on February 2, 1993: A1, 6`1, B4 2. The property shall be platted. 3. Prior tv issuance of a certificate of occupancy fflr the building Under construction, the applicant shall provide evidence acceptable to #f~e city attorney t#~at the private parking easement has terminated. A vote was taken. All voted in favor. Motion carried: 7-D. low PLANNING REPORT CITY ^F EAGAN REPORT DATE: September 17, ~QQB APPLICANT: MSP Commercial PROPERTY OWNER; MSP Commercial REQUEST: Preliminary Subdivision CASE: 15-PS-Q3-08-08 HEARING DATE: September Z3, ~Q08 APPLICATION DATE: August 2Q, 20Q8 PREPARED BY: Pamela Dudziak LOCATION: 1215 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a P~•elirr~inary Snbdivisian to create two lots upon appz-oximately 3.39 acres located at 1215 Town Centre Drive, legally described as Lot 1, Slocl~ 1, Eagan Place 3~d Addition, in the NE ~Ia of Section 1 S. AL;THORITY FOR REVIEW Subdivisian€: City Code Section 13.ZQ Subd. 6 states that "In the case ^f platting, the Planning Commission and the Council shall be guided by criteria, including the fallowing, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with. applicable City Cade provisions and the Comprehensive Guide Plan. B. That the design or inr~provenaent of the proposed subdivision complies with applicable plans of I3al~ota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, . vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of developzr~cnt or use contemplated. ~~~ Platuung Report -- Eagan Plate 4`~ September 23, 2~fl$ Pace 2 D. That the site physically is suitable for the proposed density of develaprnent. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the desig~a of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record ar with easements established by judgment of court. H. That completion of the proposed development ofthe subdivision cau~ be completed in a timely manner so as not to cause an economic burden upon the City far maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned far possible solar energy system use within the subdivision ar as it relates to adjacent property. (Refer to City Handbaal~ an Solar Access). .1. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved prelianinary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management flan far the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other inTar~natian contained therein shall have the same farce and effect as if fully set down herein and is hereby made a part oi'this Chapter by refereaice and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public," BACKGRG UNDlklll[ S TGRY A Planned Development Amendment for this property was approved earlier this year perrraitting a two-story medical office building to be constructed at the west end of the site. The site previously consisted of two parcels, which were combined and replotted as a single lot, Lot 1, Block 1, Eagan Place 3`~ for the office development. Prior to 2Q~S, the site was part of the Eagan Mazan 9 Theater which was constructed in ] 994. Tn August 20QS, a PD Amendment permitting construction of a Best B~iy retail stare was approved and resulted in the cansolidatian of the Mann Theater property with the adjacent parcel to the north rah Planning Report -Eagan Place 4'~' September 23, 2048 Page 3 [then occupied by a Red Robin restaurant, constructed in 2tiQ0}. The subdivision to separate the Best Buy property froze the subject site occurred early in 2QQ6. EXISTING CONDITIONS A two story medical office building is under construction ^n the western portion of the site. The eastern portion contained an existing parking lot which is being modified for the new development. SURROUNDING USES The following existing uses, zc~ntng, anal comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Deli nation North Retail -Best Buy PD, Planned Development SA, Special Area East Office PD, Pla7n~ed Development SA, Special Area ~.. South Residential PD, Planned Development SA, S eclat Area west Office PD, Planned Development SA, Special Area EVALUATION DF REQUEST Proposal --MSP Connnercial is proposing to subdivide the site into two parcels. The subject site is covered by private easement for parking benefiting the adjacent property owned by Bluc Cross Blue Shield of Minnesota. During the review of MSP's Planned Development Arrrendrnent earlier this year, BCBSM raised. concerns about the easements and MSP's proposed development. The City also had concerns about shared parking. MSP and BCBSM worked out a solution to the concerns whcrcby the easement would be eliminated, and a portion of the land would be deeded to BCBSM. The Planned Development Amendment approved by the City which allowed the MSP development to move forward, required that MSP complete a subdivision and platting of the property. Srte development issues concerning grading, utilities, storm drainage, wetlands, landscaping, lighting, tree preservation, etc. were evaluated as part ofthe Planned Development Amendment and subsequent building permit. No additional dcvelopxnent is proposed with the subdivision at this time. hots -The site is 3.39 acres in area. Lot 1 which will contain the rrzedical office building is proposed to be 2.71 acres in size. Lot 2, the vacant parcel, will be 4.6$ acres. AccesslStreet Desi~rr --Access for Lot 2 zs expected to be provided from the adjacent BCBSM property to the east, and could be available from Town Centre Drive as well. Access for Lot l is from Town Centre Drive. ~_ Planning Report -Eagan Place 4`'' 5eptemher 23, 2fl08 Page 4 EasementslRi ghts of 'L~ayl Permits -The northern portion of bath parcels ca~atains a wetland that is covered by existing drainage and utility easements which will remain in place with this subdivision. Parks and Recreation -Park and trail dedications were satisfied with previous development of the site. SI7MMARYICQNCLC7 S IDN MSP Commercial is proposing to subdivide the subject site into two parcels. A two-story medical office is under constructions an the western portion of the site (Lot 1 }, The eastez-n portion {Lot 2) is proposed to be deeded to SCBSM. Ira turn, pa7vate parking easements previously covering the site will be elinrzinatcd. Site development plazas were reviewed with MSP's Planned Developzaacnt Amendment and subsequent building perxrzit. There is na new development associated with this subdivisions. ACT1r4N TD BE CDNSI[DERED To recommend approval of a Preliminary Subdivisrc~~~ to create two lots upon approximately 3.39 acres located at 121.5 Town Centre Drive, legally described as Lot 1, Stock 1, Eagan Place 3ra Addition, in the NE % of Section 15. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B 1, B4 2. The property shall be platted. Prior to issuance of a certificate of occupancy far the building under construction, the applicant shall provide evidence acceptable to the city attorzaey that tlae private parking easement has terzxzinated. ~~ ~agdn Boundary ®® f2~ghf-af-way ~~~~~~~~ ~^o~~ ~ ParcelArea j Y~ Park Artia s .-- _ ~ Building Fvofprinf ?;,, q~= T,~ J ; i. ~~!~ %~ji' ~~"~y~~-' ~_ ~_ cA •~ o n n Subiect Site l4 i~ ~~° c~v~-~ei~i ;I v.-+~- GQ - ~,~ ~ /~~~ `\/ ~ L t \~S _. L Q ©t~ i3~a ~n ua ~c~ ~nff ~ ~ ~ ~S ~p a ~ Q o 1 ~ ~ saEikµ+`~ y~~ o ~~ ^ ~ ~ ~_~ ~ ~ ~,~~o n ~.:, . C? Joao 0 1a~0 2i7Da Feei ~evelopiEnentl©errel~per. IVISP Camenercial . Appticativn: Preliresir>Ear~ S~rbdiuisinr~ Case No.: 75-PS-D3-©8-08 ~~ ~ ~jl~~ ~~ ~j~~l~~ 33ilS MAP ES €I+STENnEO FOR REFERE~tCE u5E OfJf.Y W & dddd TNe Ctfy of pagan and pa&ofa Gounfy dv not guarattfee fNe accuracy of Lhis infarmatton and are 11115 Community Davcleptnent beperfinenl not respAnsif+le for errors ar Omissiens. ~ulrren~ ~vning and ~vmp~ehensirre guide Plan hand Use lVlap IVISP camrnercial ' Preliminary Subdi-risian 'l 5-PS-©3-Q8-[l8 caning iVlap ; ~~ ~ ~ ,~ ~~ rn 4 y ~ ~ as A ~ pD ~ ~~ -~~.. ®~ ~ °~ a~ Current ~a~eing: ~ Location CauxT1' RvAV lio.sF 4YRttICEE AOP OLE ROROy 3 SA ~ ~ ~PU ~ ~' ~ I D LS Special Area ~ ~ ~ CSC PA 9D 1189 9~G n5 9p0 D~•-_. ~~ r 6 ~ l7 n P s ~ 4 e. ' ?:SG - ~ 47 ~ Q ,~,rS~1' P r & ~'~~~ ~ ~ ~~ ~ ~ ~ ~ a . ~ .~ ~ 6CL 9 609 f3D0 Feet ~ f f ~f3 ~ ~~ a "" : Comprehensive guide Pian ~ ~'~ Land Use iVlap q~ ~$ SA ~, . ® ~ cvnnrr anon x Current Land Use Qesignation: loo Planned oe-~elapment svv-~ a ^ svv lzov Fecl 31 ~~ SA ~f l ~ ~ ~ SA ~~ ~ ~ ~ ~ ® n -- E oaoace avaa7 1-oa¢atlan - SA SA ~ A i~ ~ ~~II 66 9€iA ©5 9tl~ ~~ . v ~ r P ~ ~ 3 4~r 6 g '~ ~r"t, 4E @~ 8 Parcel Lase map Inforrp~tfoq praWdcd by pikDL1 county Land Spryey pepsrlment Dccm her 2005. ~ [n, ]{ (~~i {p~~fi~ Inning InSonnatlen ma;n:aEn ed by cEry Sfa!!. ~l~L~ ~~ U~iLEI W ~ TNiS INRP i5 FNT~NEIEE? 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MN SS1~2 RE: 1V15p1 Eagan Place Pro#essianal f3uildirtg, Preliminary anal Final 5ubc#ivision Dear Ms. ©udziak: As you are aware, NtSP Development Company, ~I_C ("MSP" as applicant) and Blue Crass and Flue Shield of Minnesota ("BCB5M"} are sub;ect tv pn exis#ing easement agreement, which, among ^ther things, grants rights tar bath parties to parkin the parking field area as shown in ^ur previously approved site plan. Both parties have agreed fo a private resolution tv this rnatfer wf~ich addresses parking counts, irnprovernents in the easement area and other issues of mutual interest. The signed agreement between MSP and BCB5M requires MSP to deed a portion of land tv BCB5M and in return i3CS5tdi will release its rights under the existing easement agreement which allows fiQr complete termination of the easement. In an ear#ier submittal by MSP, already approved by the City of Eagan, a revised site plan and project narrative explained some of the details of the agreement which included, as shown on the site plan, the area that would be deeded to BGBSM. "the City of Eagan approved the plans subject to a condition tY1at requires the owner tv complete a subdivision and platting of the property consistent with the April 29~~, 2[38 site plan. We are pleased to submit herewith our prvjec# package for preliminary and final subdivision approval. Ovr surveyors have prepared the plat for Eagan Place 4f~ Addition which is consistent with proposed lot lines shown on prior approvals. Construction at the building is moving along nicely and we are happy to say that if is an schedule. At this time, we are anticipating a December building opening. Sincerely, Alex Young Vice President WW W,AASPCCMA~ERCIAL.~lCT f REAL ESTAiE ©EVEEOFfvSL-t~ET ° PROPERTY ~+/VANAGEPviENi Agenda Information Memo October 21, 208 Eagan City Cotuicil Meeting B. ORDINANCE AMENDMENT -CITY E]F EAGAN AC'['It7N Tn li3E CONSIDERED: 'l'o approve an 4rdinancc Amendrr~enf to Chapter ~, specifically to create a licensing procedure foa• Body Art establishments and direct the City Attorney to package the amendment for publication in the legal newspaper. RE[3i7IRED VDTE FDR APPROVAL: Majority of Council Members Present FACTS: - The purpose of this amendment is to provide a licensing procedure for body art establishrncnts and to allow these types of establishments in areas zoned for retail uses. - Couns:il direction was given to staff in early September to research the use and how other cities handle the same. A summary of staff findings and a sample ordinance were provided to the City Council as an Additional Information item near the end of September. - "1"he draft arr:endmcnt (based on Prior Lake's ordinance) has been reviewed by Chief McDonald and the City Attorney and attached draft amendment has been prepared by the City Attorney's office. - As an amendment to Chapter f, a Public I-Tearing is not necessary. ATTACHMENTS: ~I} Draft amendment an pages 11 ~ through ~~. lla ORDINANCE ND. ZNl) SERIES AN ORDINANCE OF THE CITY Ok EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTEI~ SIX EN'1ITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION G.54 REGARDING BODY AR'I' ES'T'A~3LISHMENTS; ANll BY ADC7PTING BY REI'ERENCE EAGAN CITY CODE CHAPTER 1 AT~TD~ECTIOl~T fi.99. The City CoLtncil oI'the City of Eagan does ordain: Section 1. Eagan City Cade Chapter Six is hereby atx~cnded by adding<Section b,5~ to read as follows: Sec. 6.5~. Body Art Establishments, Subd. 1. Pur~aare. The purpose of this Sectiati is to t`e~ulate the business of tattooing, body piercing, body branding, body painting and body art for the pu~~ose of protecting the general health, safety, and welfare of the commau~ity, Tlie. L'ity Council is aware. that activities that involve the piercing of skin with needles ^r other instt~tr~tonts pose the potential t•islc of spreading infection disease{s} or causing other health probl~n~s if ~c~t done in a, safe manner and under sanitary conditions. 1'hereforc, the City,Cauncil finds it ~access~ry ~nd'n the interest of'the protecting the general health, safety and'welfaY~>to adapt reguations govet~€ing tattooing and body piercing. Subcl. 2. ~efrnti~f2s. The following words: and terms shall have the following meanings unless the context c.learlyr indicates c~t~lerwse: Body art:means any physic~Ll body adornment including, but not limited to, the following teclzniLlucs: body ptereing, tattooing Arid cosmetic tattooing, &~dy art establishizaent mcatis any place or premise, whether public or private, temporary ar permanent iii stature o~ ldcation, where the practices of body art, whether or not far profit, is pet-forrried, lout shall riot ~ncliide any medical ar dental facility exempt from these regulations. Body j~zc~t•~i~~tg txieans the penetration or puncturing of human shin by any method, for the purpose of insertiri~ jewelry ar other objects, in ar through the human body. Far purposes of this Section, body piercing does not include the puncturing of the lobe of the ear Ltsing apse-sterilized ear-piercing system with the stud and clasp contained in a single use cartridge ot• cassette following the manufactLarcr's instructions. Branding shall mean any method, including but not limited to using heat, cold or any chemical compound applied to the skin of an individual, to cause a scar to the body for the pLttpose of creating a permanent mark or design on the skin. ~~~ Clean means the absence of dirt, grease, rubbish, garbage and other non-sanitary matter. Equipment shall mean all machinery, including fxt~rres, containers, vessels, tams, devices, implements, furniture, display and storage areas, sinks, and all ether ,apparatus and appurtenances, used in the operation of a body art establishment or used to perform or apply body art. Good repair means to be flee of corrosion, breaks, cracks, ..chips, <pitting, excessive wear and tear, leatcs, obstruction, and similar defects so as to constitute,a>sanit~~ry, workable and sound condition. Individual means a human being. UpercrtoN ar Technician mean any individual who owls, coi~troIs, apeates, manages, conducts ar practices body art activities at a body art establishment, The term ineliirles any person who works under the direction of the operator and perfo~•ni body art techniques or'procedures. Dwner means an individual, fp~rn, company, eorpora~ion or association that owns and operates an establislunent where body artis perf©rmed. Person means any individual, partnership; ~arporation or association. Procedtare means pe~•forming a technique to apply body art, as defined in this Section, to an individual Procedure area ~neaa~s the physical space oi• room used solely far body art procedures, 5ccrriftciti~~a means. to BLit, >lacerate; 'damage or tear the human skin for the purpose of creating a permanent nia~•I~ or design on the skin. Tattoo, TattoUing ii~eans arty inathod of placing inlc or other pigments into ar under the skin with needtes ~r any other i~~struments used to puncture the shin, aesr~lting in permanent coloration. This includes X11 forms of cosmetic tattooing, except these performed by a licensed medical professional rtnr~~r die supervision of a physician and performance in a medical office. ~'zrbd, 3. License Ifegirired, Na person, partnership, corporation or other form of business entity shall operate a body art establishment ar engage in ar perform any body art technique ^r procedure upon a person without first obtaining a license from the City. J~cwclry stores and accessary stares that provide ear-piercing services exclusively using piercing guns shall be exempt from this Section. This Section does not apply to any body art performed or provided by a licensed medical or dental professional in a medical or dental office, Suhel. 4. Licensing Procedure. The application far a body aa~ license shall be submitted to the City Clerlc an a farm provided by the City and shall include: ~t~ a. {I} If the applicant is an individual, the name, xesidence, phone number, and birth date of the applicant. (~) if the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. (3} if the applicant is a corporation, the names, residences, phone numbers, and birth dates of all those persons holding rriore than five {5} percent of the issued and outstanding shares of stack of the corporation. b• The name, address, phone number, and birth date of tke operator... {manager} of the establishment, if different from the awner(s}. c. The address and legal description of the premises ~~~~erc. tl~e badysart..~stablishment is to be located. d. A statement as to whether the applica~it has. been wrested or convicted within the last five years for any violation of any state'or`fecletal .statute car any local'ordinance, other than traffic ^ffenses, providing far each violatioir: the offense, the date of the offense, the disposition of the offense, the,date of the dispnsitioz~ ~f the offense, and the city, county and state in which the offense ocetirred. e. A statement as to whether the applie~t is the subject ~f any complaint filed with any municipality, Settcr;Business Bureau, Attoi~ey `General office or Other agency, providing the date and lo~atit~r~ of the complaint ~.nd the; tigency within which the complaint was fled. f. A statemcnt whether the ~pplie~nt,had a license for body art services from any other municipality an~llar co~ir~ty within the` past five years and whether such license was r•cvol~ed. g; A list' of the :three rrrast.recent locations {city, town, county and state} where the ap~lica~~t leas cQr~dcted body art business. h. >Tl~e activities and types of body art that will be performed at the body art establishra~ent. i, The proposed hours of operation. j. The provisions proposed to be followed to restr7ct access by minors into the body art establishment. lc. A site plan of the premises, detailing the location of all internal opcratic~ns and activities, ~~ 1. The names, street address a~~d business addresses of three ~3} residents of Dakota, Hennepin, Ramsey, Anolca, Washington, Scott or Carver Counties who are of good moral Character and who arc not related to the applicant and not holding any ownership in the premises or business, who can speak to the applicant's character. An application shall be referred to the Police Chief, or' hisfher desi~ee, far verif cation and investigation of facts set forth in the application, including any necessary ,criminal baCleground checks to asstue compliance with the requirements of this Section. `t7ny falsifi~a#ion an a license applica#ion shall result in the denial of the license. Strbd. 5, License Tee. The license fee and investigation fee shall. be set by resolution of the City Council. Each application far a license shall tie accompanied by ~ayrtien# in full of the a'equired fees. Sirl~cl. S. License Term, Licensed Premises ern~l-Non. trcrnsferabilr.'ty. A11 licenses issued under this Section shall expire an December 31 of the }~cetise year. A license issued under this Section shall be valid only for the building or area oC`a~ti~ildiig as described in the license. Ala license shall be transferred to any other person or entity of far:a different location, Any change in ownership of the business shall constitute a traiisfcr and shall ~ermiriate the license. Subcl, 7. I3crckgraund lnvestigalio~a:. The:; City sYiall;:tpan receipt of an application and prescribed fees, Candt~ct an inr~estigatian~ into the :background of the applicants, owners, managers, operators,arid teclu~iciaras and an inspection of the body art establishment to determine the suitability of the locatit~r3 ar~d ~+hether the premises are clean and sanitary. The applicant shall cooperate with the l~a~kgra~tnd in~~~t~gatiori' and site inspection and shall comply with all requests of a City vt~cial° in cc~rinectFan'' -with the investigation and inspection. Such investigations .and:>inspectiotis sh~~uld he `completed within thirty (3Q} days of receipt of the license application ~t~d fee. The City is authorized to contract with an entity with the bacl~gt~flund, exper7e~lc~ and qualitcations to conduct that part of the inspection concerning whether the establishn~ett is clean and sanitary health inspection). If the City chooses to Contract<far ~a health inspection, the cast of the inspection shall be paid far by the applicant. Tlie City is eriipawered to ~otiduct a~~y and all investigations to .verify the information an the appliCatian;'iricluding ordering a Computerized criminal history inquiry andlor a driver's license history inquiry on thie' applicant, owner, mangers, operators and technicians. lf, after such investigation inspection, it appears that the applicant andlor the place proposed far the business is not the eligible far a license under the Criteria set forth in this Section, the license shall be denied by the City Clerk. If the license is denied by the City Clerk, the applicant may request a hearing before the City Council by f ling a written request therefore with the City Clerk within fifteen (15} days after the applicant has received written native of denial. Suhd. 8. Lice~rse Ineligibility, No license shall be issued if one or mare of the following exist to an applicant who is a natural person; to a partnership whose general ar managing partner; or to a corporation or other organiza#ion whose manager, proprietor, ar agent: iii a. is a minor at the time the application is filed. b. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.Q3, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness,to perform the duties of licensed occupation as proscribed by Minnesota Statutes, Section 364.Q2, subdivision 3. c. Has been denied a license by the City or any other M~nnesr~ta municipality to operate a body art establishment or whose license has been tiust~cnded ;flr revolved within the preceding twelve X12} months. d. is nat a citizen of the Unites States, a resident alien, or does not Piave tlle:legal authority to be employed in the United States. e. Has not paid the license and investigation fees rec~~~ired by this Section. ~: Ilas l~nowingly falsilxed or misrepresents information on the,license application. g. is not of good moral character or`-repute. . h, C7wes taxes ar assess~rients to the State, County, School District, or City that are due and delinquent... Subd. 9. Places Ij~~lrgi7~Ie fat I~rcen~re. The following locations shall be ineligible for a ficense under this Section. . a. ~~o Incense shall be granted or renewed for operation on any property on which taxes, assessrrierits, or;ather i"man~ial claims of the State, County, School District, ar City are d~ic.; delinqucnt;'or unpaid. b. No licirnsc shall die granted or renewed for a body art establishment that is located on property`..: flat is not zoned for retail uses as a permitted use pursuant to the zoning regulatatis`5et forth in this Code. c, No license shall be granted or renewed if the premise is licensed for the sale of alcoholic beverages as an adult establishment pursuant to this Code. d. No license snail be granted if the premise is within 3QQ feet of any lot or parcel on which a church, School, day care center, or residence is located. e. '1"he proposed license premises is not clean ar sanitary. ~~ Sued. 1 ~. Conditic~rzs on License. A license granted hereunder shall be subject to the following conditions and all other provisions of this Section, any other applicable sections of the City Cade, and all provisions of state and federal law, a. No person shall perform any body art procedure an any person under the age of eighteen X18) except in the presence and with the written permission ^f a parent ar legal guardian of such miner, lf'tlae minor has a custodian and non-custodial parent, the cr~nsent must be signed by both. b. A licensed laremises shall have the license posted iz~ ~ conspicuous place at all times. c. A licensee under this Section shall not be open for t~usiness be~are 7;OQ a.m. ar after 1 O:QD p.m. d, The body art establishment license is only effective far the compact and contiguous space specified in the approved license application. if the licensed premise is enlarged, altered ar extended, the licensee shall inform `tl-~e City,.. No person shall engage in the practice of body art at any place c~tl-~er than the place ar` lc~catian Warned ar described in the application and License. e. No person shall. scalicit business ar~ offer tc~ perfa~n body art sezvices while under license suspension or x~evecatian by the; City. f. The licensee'~liaii be Y~esp~rrsible far the, conduct of the business being operated and shalt at al timesni3intain conditions of order. g. 'i'he. €censee shall prav~de the City with a list of managers, aperatoz•s and technicians vvha perform body art services at the licensed establishment and shall verify that each n~anagei operator and tecliriician has received a copy of this Section of the City Cade. As new employees are hired they too must he provided with a copy of this Section of the ' Cit3T Code. h. ~lli licensees shall anaintain a permanent record of each body art customer far a minimuir`of tv,~o years, including; 1. Name, address, phone number, date of birth and their signature; 2. Signed parental consent farms required far minors. i. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is currently covered iza the body art business by a liability insurance policy. The minimum limits of coverage faz• such insurance shall be; ~~ 1. Each claim; at least Two Hundred Thousand Dollars ~$Z44,044.40}. Z. Each group of claims, at least Five Hundred Thousand Dollars (~544,4a0.44~. Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to termination or cancellation. A certificate of insurance shall be filed with the City. j. Branding and scarification are prohibited in the City of Ea~ar~. k. 'he licensee shall follow the Min€icsota Departnlctit of Health guidelines in providing body art services or procedures. 1. No alcoholic beverages shall be sold, pxavicie~l ar consumed on the licensed premises. an. The licensed premises shall be equipped•;wtl~ a~ adeq-7ate and conveniently located toilet room and hand lavatory .for the accommodation of employees and patrons. The hand lavato2y shall be supplied'with hot and cold rur~tltrt~-;v,~ater under pressure; shall be maintained in grand repair at all times, i~nd shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of sarutay:: open front design and readily cleanable. IJasily cleanable, covered receptacles shall~previde for waste materials. Every lavatory facility shall have ail ad~yuate supply :of hand cleansing compound and single service sanitary towel§'ai~d h~iid rirying devices, n. No person having' ~tny conuni~nicable ~1~lood ar skin infection ar other communicable diseases} of the blood ~~r slciFi shall practice body art on the licensed premises. o. All needles;. r~zar blades;: sharps ar other equipment utilized for penetrating the skin shall be disposable, indivir~ually pre-packaged and pre-sterilized and stored in a self sealing sterilizing pouch oriel shall not be used for more than one customer. Tools and supplies must be stared in dust free containers. All bio-hazardous waste shall be disposed: of in accordance with lava. Sterilizing solutions and methods shall be used for the pui•p~se;,t~f sterilizing instruments other than needles, razor blades, s-harps ar other equipnzer~t utilized for penetrating the skin, p. '1"he fallowing procedures shall be used far skin preparation: 1. Each operator and technician shall wash their hands thoroughly with soap and water and then dry them with. a clean towel before and after each body art procedau•e. Operators with skin infections of the hand shall not perform any body art procedure, 11 f 2. Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized, disposable razor blades shall be used. 3. 'fe skin area where a body art procedure will be performed shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution. only single service Towels and wipes;. shall be used in the skin cleaning process. ~. All bandages and surgical dressings uscrt in ~onF~ection with the body art procedure shall be individually pre-packaged, pie-~teriliced and disposable. q. All tables, chairs, furniture, ar area an which a paardn recei~res a laody art procedure shall be covered by single service disposali~e paper or clean linens of r2; the' alternative, the table, chair or furniture on which #he_ pab•fln receives a body art 'procedure shall be impervious to moisture and shall be properly s~nrtrced af~:er each body art procedure. Tables and counter tops shall be industrial grade l!~~rmica or similar material. Drop cloths made of two-ply paper and plastic shall be available fir; use as needed. r, Single service towels or wipes shall be provided to each'patron and such towels and wipes shall be stared and disposed cf in a;''sealed, dust.-fi•cc container. s. The operator, and tech~~ician shall wear clew; washable garments and protective latex disposable gloves whets erYgaged in the body ate practice. Each patron shall he asked if Ihey are allergic to later. ' If the patron has an allergy to latex, thew the operator and technician shall"wear; gloves r~lade of ar~otlcr suitable substitute material, If garments are s;ontaminated with llar~d or body fluids, such garment shall be removed and changed and clearied or disposed af. 't. Pigments used in tattooing'?.shall be pre-made and commercially prepared and free from bacteria and nQ~ca~is agentis and substances including mercury and. lead. "1"hc pigments rse~ from stock- solutions for each customer shall be placed in a single service receptacle, and such receptacle and remaining solution shall be discarded after use an each customer, u. Jewelry applied or inserted as part of a body piercing procedure shall be made of implant gtacie, high_quality stainless steel (300 series), solid 14K and 1 SK gold, niobium, titanium, platinum, or a dense, low-pgrosity plastic such as monofilament nylon, acrylic or Lucite. Ear studs or other jer,velry designed for earlobe piercing shall not be used on other body parts. Jewelry shall have no nicks, scratches, or irregular surfaces, which might endanger Lady tissues. Jewelry shall be pre-sterilized and in a sealed package. v. There shall not be less than one hundred ffty (15) square feet of hoar space at the place where body art procedures are performed. The procedure area shall be well lighted and ventilated, ~~ w. No person shall practice body aa-t procedures while under the influence of alcoholic beverages or illicit drugs. Na customer shall have a body art procedure performed on them while ruder the influence of alcoholic beverages or illicit dilrgs. x. The Operator and technician shall provide the person why has a body art procedure performed ^n them with printed instructions an the approved care: Qf the body art during the healing process. y. The licensed premises shall not be used oa• occupied. as living or sleeping quarters. z. `l'he licensee is responsible far ail conduct occruring-:on the l~censr,~l premises and is responsible far all acts or omission to oat by `its operator; technicians or other employees. Subd. I1. licenses Sur~ensron ar kevocatron. The pity Council may,re~voke or strspend a bady art establishment license on the following grounds: ~ . a. If the licensee submitted false information or oi~~i~ed material information in the license process required by this Sc;etion; b. The licensee violated any provision of this Section; the City Code, or any other federal, state or local law during tiie license period. c. The licenses is convicter~ of any. crrrie during the license period which adversely affects the aliilttyr to har~cstly; safely or'la~vfully conduct a body art Ysusiness. Sarbc7'. "~Z. ~nsj}ectrnns. To er~~ur~ cUmpliance with this Section, the Licensed premises shall be open foi- inspection icy any ti<ity off cial ar other person responsible for enforcement duririg'regular brtsincss hog}rs. Section, 2. Eag~n'City Code Chapter 1 entitled "General Provisions and Definitions Applicable':to the Entire City Code Including 'Penalty f©r Violation"' and Section 6.99, entitled "Violation a liilisdel~leanai~" are hereby adapted in their entirety by reference as though repeated verbatim. Section 3. Effective Date, This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council S 3y; Maria Petersen By: Milce Mag~~ire Its: City Clerk Its: Mayar a~- Agenda Information Memo October 21, 2~Q$ Fagan City Council Meeting C. POST-CDNSTRUCTIUN STORM WATER MANAGEMENT ORDINANCE AMENllMENT ACTIDlVT TD BE CDNSIllEREI3: Adopt the Past-Construction Storm Vilater Management regulations into City Gadc as Section 4.33. FACTS: Cln March 4, 2003, the City Council authorized the submittal of a Municipal Separate Storm Sewer Systczn (MS4} permit application to the Minnesota Pollution Control 1Lgency {MPCA} under the National Pollutant Discharge Elimination System (NPDES}, Phase II, Program. A Storm Water Pollution Prevention Plan (SWPPP} was included with this permit application. The permit and SWPPP were madifed Tune 1, 2006, as a result of a May, 2083 Minmesota Court of Appeals decision in which the court required the MPCA to provide the opportunity for public review of each MS4 SWPPP. In the SWPPP, City staff detailed, with the guidance of the League of Minnesota Cities Guide Plan, the duties, practices and responsibilities of the City of Eagan that address the pollution. abatement efforts required to meet the permit's Maximum Extent Practicable standard. On 3anuary 15, 200$, the City Council authorized the preparation of new and revised ordinance language as an amendment to the City Code that addresses the City of Eagan's Storm Water Pollution Prevention Plan ~SVi7PPP} and the Water Quality and Wetland Management Plan [WC7WMP} and directed staff to prepare draft ordinances for further consideration. The NPDES Phase Tl ~ final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects within its jurisdiction that distuab greater than ar equal to 1 acre, including projects less than one acre that are part of a larger conunan plan of development or sale that discharge into its small MS4 by dune 30, 2008, or an another date established by the Commissioner. Eagan's program must insure that controls are in place that would prevent ar reduce water quality impacts. Ta develop a program consistent with this intent, Eagan. must adapt an ordinance that identifies the municipality's program goals (e.g,, minimize water quality impacts resulting from post-canstrl~ctian runoff from new development and redevelopment}, implementation strategies, operations cYc anaintenance policies and procedures, and enforcement procedures. Overall, the proposed regulations bolster the City's position to protect the public interest and to manage the community's resources. Future modif cations to other relevant chapters in the existing code will be proposed in a comprel~ensive effort to address the SWPPP obligations. Information about the new ordinance language will be provided in a variety of formats upon City Council adoption. Publication of the information will be completed through a press release and in articles on the Gity's websitc and Fagan i3usiness News. Information will be distributed with building permit forms and as part of development applications, ATTACHMENTS: • Draft Ordinance Section 4.33, Post-Construction Storm Water Management, pgs ~. ~ ~j~J I ~,3 oRVnANCI=u No. zlvn s~RZrs AN ORDINANCE OI~ THE CITY OF EAGAN, IVIINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, EXCAVATIONS AND MOBILE HOME PARKS" BY ADDING SECTION 4.33 REGARDING POST CONSTRUCTION REQC 7IREMEN"f S; AND BY ADOPTING BY REFERENCE EAG.AN CITY CODE CHAPTER 1 AND SECTION 4.99. `I1ae City Council of the City of Eagan does ordain: Section 1. Eagan. City Cade Chapter Four is hereby amended by adding Section 4.33 to read as follows: Sec. 4.33. Pnst Canstz-uctinn Requirements. A. .~ indi>zgs crr~d purpQSe sta~ernent. The city council finds it is in the best interest of the City of Eagan to protect, preserve, and enhance the city's nat~~ral resources, starmwater and right-off way systems and public and private land and to encourage a resourceful and prudent approach to the development and alteration of land. In the interest of achieving these objectives, the City of Eagan has established Post Construction rnanagenient regulations herein to prauaate the furtherance of the following: Protection and preservation of the city's natural resources; 2. Orderly development and redevelopment of sand to minimize wetland anal land habitat lass; 3. Minimization of the impacts to water bodies, trees and wooded areas resulting from develap~nenf; 4. Establishment of standards far land disturbing activity #a mitigate environmental impacts to water quality of wetland and other water bodies, starmwater and drainage systems, trees, vegetation and wildlife; S. Creative land use and environmentally compatible site design which preserves acid protects natural resources and public utility systems as a result of development or redevelopment; and 6. Enforcement of natural resources management standards to promote and protect the public health, safety and welfare of the community. iaµ B. Defirzitinns' Applicant. A property owner or agent of a property owner who has filed an application for a stnrmwater naanagernent pcr~nit, including but not limited to building, grading, or excavation permit. Best Marzagernerzl Practices ~B119Ps) as defined in Minn, Scat. §103F.711, Minnesota Clean Water Partnership ~lct, are- practices, techniques, and measures that prevent or reduce water pollution from nonpoint sources by using the most effective and practicable means of achieving water quality goals. BMPs include, but are not limited to, off cial controls, structural arzd nonstructural controls, and operation and maintenance procedures. Clean Water Act. The prirr~ary federal law enacted lay the United States Congress to control water pollution and formally referred to as the Federal Water Pollution Control Act of 1972 and subsequent amendments Public Law 92-500, as amended 33 USC I2S 1 et seq.}. High Water Lei~el (~1WL). 'I~ic calculated peak pond nr sterna water storage elevation far a 1% probability rainfall stnrxn nr snnwxnelt event, as def ned by the latest edition of the City Stoa~nvvater Management Plan. hnpervious ,Surface. Ground surface that is compacted or covered with matez7al so as to prevent or to retard the entry of water into the sail and cause water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Impervious surfaces shall include, but not be limited ta, rooftops; sidewalks; patios; driveways; parking Iots; storage areas; concrete, asphalt, or gravel roads; sport courts; swimming pools; covered decks; and other structures. The City may, at its discretion, exclude the items included herein if the City determines that the items are sufficiently pervious to allow the infiltration of stormwater, such as those items listed as BMl's herein. 7nfzltralian. The process of water percolating into the subsoil. Lo~t~ Entry L7evalion. The height of the lowest opening of a str~xcture including but nat limited to doors, windows, and mechanical venting. ~llinnesota Pollutiarz Corztr-rll Agency ~1t~Ir7PC~4}. The state agency charged with overseeing and enforcing the federal Clean VrTater 11ct. I~Tati.nnad Pollutant I~ischarge L'lirnirratiarz System ~NPDE'~5~. The program that regulates the discharge of pollutants to waters of the State thrnugla issuing, modifying, revoking, reissuing, terminating, nznnitnring, and enforcing peranits under the Clean Water Act {Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 132&, 1342, and 1345. ~~ off cial Cc~ntr'ols. [3rdinanccs and regulations that control the physical development of the whale ar part of a local gaverrunent unit or that implement the general objectives of the govcr~unent unit. Rredevelaprnent. Land conditions prior to the creation of any impervious surface on the property. Redevelopment. The process of developing land which is developed or has been previously developed; the reconstruction, reuse ar change in use of any developed property. Ru~zo f Rainfall, snawmelt, or ir~igatian water flowing over the ground surface. Stornz~~ater. Star~nwater is def ned under Minn. R. 7477.015, subp. ~ 1(b}, and includes precipitation runoff, starrnwater runoff, snowtnelt runoff a~~d any other surface runoff and drainage. Structural Cnnt1•ol Elevatinra SCE). The elevation of the outlet structure, pump controls ar sLU-face overflow for a water body at which water will initially discharge from the water body. This elevation would correspond to the elevation of the water surface at the time of initial discharge. C. Design Standa~•ds rJse of ~tcztural topography, The applicant shall reduce the need far stormwater znanageanent infrastructure by utilizing natural topography and land cover such as swales and depressions that exist before develapzzient to the degree they can accommodate the additional flow of water without compromising the integrity ar quality of a receiving water body. Development or redevelopment shall minimize impact to signif cant natz~ral features. The site shall be reviewed far wetlands as set forth in the wetland protection and management regulations of this Cade, trees anal significant woodlands as set fartlz in the tree preservation regulations of this Cade, rare and endangered species habitat, areas designated by the county biological survey, metro greenways, or county parks and open space. 'These areas shall not be developed if development is prohibited by any federal or state regulation. The development, where allowed, shall comply with all applicable federal and state statutes and regulations, as well as any other Code provisions herein. In designated shoreland areas, the development shall comply with the shoreland overlay district regulations of this Code. Proposed design, suggested location, and phased implementation of effective, practicable stormwater management measures far plans shall be designed, engineered, and implemented to achieve the following results: 2. T~alu~sze cwztrallreductia~z, The farst one half-inch of runoff from any storm event shall be infiltrated or retained an site. At its discretion, tlae City xnay modify or waive this requirement, based on consideration of any of the fallowing: ! ~1~ a. Soil borings that indicate unsuitability far infiltration; b. New infiltration of the equivalent runoff volume the applicant accomplishes elsewhere within the same City sub-drainage district; c. The patezatial of groundwater cnntarzaination due to such variables as, but not limited to, the following: (1~ Geology that exposes aquifer vulnerability; ~2} Lazad use that causes high pollutant and sediment levels in stormwater; or d. Other circumstances that may affect feasible and prudent impleanentatiori of the infiltratioia policy set forth in the City's Water Quality & Wetland Management Plan. 3. Total phosphorus {I-`P~ cnrztr•ol. TP loading shall be controlled as follows where new developrncnt activity results in one-half acr•c ox znore ^f impervious surface or redevelopxxaezat activity results in any additiazaal impervious surface: a. Starrnwater runoff on newly developed property shall be treated either to achieve no-net-increase of the predevelopment TP load or to reznnve at least 50 percent of the post-development TP load, whichever option is more restrictive shall apply, on aia annual basis before discharge to natural water bodies. b. Stormwater nazzaff on redeveloped property shall be treated to aclaieve no-net- increase of the existing-conditions TP load on an annual basis before discharge to natural water bodies. c. Whezc water quality ponding is exclusively used to meet the TP removal requirement, the ponds} shall be sized to stare, below the normal outlet elevation, the site runoff from a two and one-half iiach rainfall. 4. Total susperzclecl snT.ids ~",S;S~ control. TSS loading shall be controlled as follows where zaew development activity results in one-half acre ar more of impervious surface nr redcvelopanent activity results in any additional impervious surface: a. Stormwater zunoff on newly developed property shall be treated either to achieve no-net-increase of the predevelopment TSS load or to remove at least 8~ percent of the post~devclopment TSS load, whichever option is mare restrictive shall apply, an an aruaual basis before discharge to natural water bodies. ~a~ b. Stozxxlwater runoff on redeveloped property shall be treated to achieve no-net- increase of the existing-conditions TSS load on an annual basis before discharge to natural water bndies. c. Where water quality pending is exclusively used to meet the TSS rcznnval requirement, the ponds} shall be sized to store, below the nnrnaal outlet elevation, the site runoff from a two and fine-half inch rainfall. 5. (7il acrd grease cnntiol. Tor all stormwater plans fnr commercial or industrial developments and all other uses where the potential exists far pollution by ail or grease, nr both, the first one-half inch of runoff shall be treated using the best oil and grease removal technology available as set forth in the Minnesota Storrnwater Manual. This requirement may be waived by the city when the applicant can demonstrate that installation of such practices is not necessary. 5. Runoff rate ca~trol - perfarnzance slandcrrds. All stormwater facilities shall be designed, installed, and maintained to accomplish the following: a. Maintainx predeveloprnent peak z-unoff rates for the 5~ %, 2~l-hour storm event. b. Maintain predevclnpment peak runoff rates for the 1 Q %, 24-hour storm event. At a minixnurn, the storm sewer system shall be designed for the 14 °/U, ~~-hour storm event. Low areas must have an acceptable overland drainage route with the required transfer capacity when the event is exceeded. c. Maintain predevelnpment pear runoff rates fnr the 1 %, 24-hour storm event. d. Where the City's stnrmwater management plan. and its updates show lower rates for the 50 %, 1 ~ %, or 1 % events, this lower rate shall supersc~ie the predevelopment rate control criteria. All runoff calculations shall be according to the methodology described in the Natural Resources Conservation Service's Technical Release 5S, "Urban Hydrology for Small Watersheds" (commonly referred to as TR-55}. Other methodology may be used with prior approval by the city. Curve nuznbers for each land use shall be chosen based on TR-55, except that under na circurxrstances shall predevelaprnent conditions exceed a curve number of ~~. The City retains the right to review the appropriateness of the curve number applied to a property. 7. [3utlets. Discharges from new construction sites shall have a stable outlet capable of carrying stormwater flaw at a non-erosive velocity. The nutlet shall be designed considering flaw capacity and flow duration. The outlet design requirement applies to both the discharge nutlet from the construction site, as well as the discharge nutlet into the storm sewer system or water body. ~~ D. 1Ylini~nize i»7pervious~ .surface a~'ea and naaxinzize rn~Itration and r etention. Where directed by the City and based on site feasibility, projects shall use existing natural drainage ways and vegetated soil surfaces to convey, store, filter, and retain storzaawater r~uaoff before discharging the sto~~rnwater runoff into public waters or a storm sewer system. Permanent pool areas of wet panda shall not be accepted as an inf ltration practice. The applicant shall limit the stortnr~vater runoffof the site or subdivision, to the maximum extent practicable, by incorporating the following BMPs, consistent with zoning, subdivision, and building code requirements: 1. Preserved natural vegetation; 2. Na~~rowed street widths; 3. Reduced parking lot facilities; A~. Shared parl~ing facilities; 5. Reduced setbacks anal driveways; 5. Maximized open space wlailc incorporating small lot sizes; 7. Landscaping and soils for stormwater inf ltration anal treatment; 8. Ribbon curblcurbless gutter; 9. Vegetated swales or equivalent; l ~l. Use of existing vegetated areas to f lter sheet flaw,. remove sediment and other pollutants, and to increase the tune of concentration; I I. Disconnected inapervious areas; I2. Redirected runoff from downspouts, driveways, and other impervious surfaces to pervious surfaces; I3. Increased vegetative buffers along steep slopes, wetlands, lakes, and stornrr basins; I4. Semi-per~rneablelpermeable or porous paving; 15. Green roofs}; I G. Cisterns; 17. tither I3MPs as approved by the City Engineer; ~~ E. ~lcceplable cnn2pIi~a7esztary stQrrrau~aler ~reatr~en~s. Complimentary stoimwater treatments, including but not limited to rain gardens and infiltration basins, may be installed. The City shall review and approve all complimentary treatments for stoa7nwater xnanagement purpose, and the City may give credit for such treatments toward the one- half inch infiltration requirement as described herein. The City shall refer to the most recent version of the following technical documents to guide application and design of BMPs far all can~plimentary stormwater treatment options: 1. The Minnesota Stormwater Manual (MnPCA); 2. Protecting Vijater Quality in Urban Areas tNh~PCA); 3. Minnesota Urban Small Sites Best Managexi~eiat Practices Manual ~Metropalitan Council}. F. Pr~nc~ requirements. If the 13MPs available at the time of development cannot control, prevent, and minimize degradation of surface water, ponding shall be considered acceptable. All pond design specif cations shall conform to the current National C~rban Runoff Program standards far the land disturbance and erosion and sediment control ordinance, and the current requirements found in the NPDES construction permit. In addition, the following are required: There shall be a forebay area to provide fine-sand sized particles to settle unless the City determines this i•cquireznent is not feasible on a site by site basis. 2. Side slopes shall not exceed three feet horizontal to one foot vertical (3: I } and there shall exist aten-foot wide bench starting at the SCE with side slopes no steeper than ten feet horizontal to one foot vertical tl~:l} for safety cansideratians. A ten-foot wide maintenance bench above the SCE, with a slope na steeper than ten feet horizontal to one foot vertical (1~:1), shall be pzovided as directed by the City and shall be sufficient to access all pond inlets and outlets. 3. All publicly and privately awned stormwater management facilities shall provide a minimum of a 15-foot wide unobstructed access path capable of supporting light truck traffic during normal weather far the purpose of conducting inspections of the facility and maintenarzcc thereof The City shall not approve any privately owned stormvvater facility unless the following provisions are xr€et: a. The property owner grants the City an easement providing the City access to the storznwater facility for maintenance and inspection purposes. b. The property owner enters into a ixiairitcnance agreement with the City. 4. Storniwater ponds shall be designed to the specifications of a storm interval for a I °/a, 24~hour storm evert. The stormwater ponds shall incorporate correctly sized conveyances for 1 °/Q, 24-hour storm flows consistent with standards used by ~~ local, state, and federal agencies in planning for the flood protection of homes and public facilities. As an additional safety factor, the low entry elevation of a structua•e in a developanezat shall be no less than three feet or half the difference between the SCE and the TfVtrL above the l °/o, 2~1-hoar elevation of the pond, whichever is greater. The law ground elevation of structures that are adjacent to ponds shall be certified by the builder during basement constriction to ensure adequate freeboard. An emergency overflow system shall be established for the health and safety of the area. G. Regional pc3rrdirr~. If the City determines the site is not siitable for on-site panding, off site stormwater management and associated fees shall be established in accordance with this Code, provided that provisions are anode to manage stormwater by an off--site facility, and provided that all of the following conditions for the off site facility are met: 1. The off=site stormwater facility is in place or the City has knowledge of facture regional ponding an site. 2. The off.-szte storrnwater facility is designed and adequately sized to provide a level of stoaxaawater control that meets the xn.inizaauzaa standards of this Code. 3. The City is satisfed the off-site storanwater facility has a legally obligated entity responsible for its long-team operation and rnaintenance_ 4. The property owner provides to the City the compensation necessary, as deternained by the City, to constrict, operate, and maintain the off site stoamwater facility, H. ~airz~ena~rce of'~~•i~~ate starm~Jater facilities. Property owners shall maintain all private stoaaaawater facilities irz proper condition consistent with the performance standards for which they were originally designed. 1. On an annual basis, property owners shall remove and properly dispose of all settled materials, including all settled solids, from sumps, grit chanabea•s, and other devices within all private stormwater facilities, in accordance with federal, state, anal local regulations. "1"he City may grant one- to five-year waivers from this regazirezaaent after the property owner pa•esents evidence that the facility has the capacity to store settled solids in accordance with tlae original design capacity. 2. At least once every fzvc years, property owners shall inspect ponds to detezxrzine if settled materials should be removed. Property owners shall remove and properly dispose of all settled rrxaterials, in accordance with federal, state, and local regulations, when the pond is na longer functioning at the original design capacity. ~~~ 3. When requested by the City, property owners shall provide a maintenance plan that defines who will conduct the z~aintenance, the type of rnaintcnax~cc that will be conducted, and the maintenance intervals of a private sto~~z~water facility. ~. All private stormwater facilities shall be designed to z~zairzimize the need far maintenance and to provide easy vehicle and personnel access far maintenance purposes, and shall be structurally sound, as determined by the City. Prior to City approval, it shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the facilities far inspection or maintenance. S. The City sl~all have the right to request and review inspectiax~ and maintenance records and shall have the right to perform an inspection of private stormwater facilities at any time if die City has probable cause to believe that the facilities are not being properly maintained or inspected. l..~nfar•cerrzerzt. I. Every person violates a requirement, subdivision, paragraph or provision of this section when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful by a code adopted by reference by this section and, upon conviction thereof, shall be guilty of a misdemeanor aril sentenced in accordance therewith except as otherwise stated iu specific provisions hereof. 2. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this section, the City may order compliance by written notice of violation to the responsible person. 3. if abatement of a violation andlor restoration of affected property are required, the notice shall set forth a deadline within which such abatement andlor restoration must be completed. Said notice shall further advise that, should the violator fail to abate or restore the property within the established deadline, the work will be done by a designated governmental agency or a third party contractor and the expense thereof shall be charged to the violator. 4. Zf the violator fails to pay for said services within 3Q days of the notice of the amount due, the City may draw the amount owed for the services from any financial guarantees the City may hold with regard to the affected property. fln or before the first day of September of each year, the City Clerk shall fist the total unpaid charges far abatement andlor restoration services against each separate lot or parcel to which they are_attributable under this article. 5. Tn lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City may impose upon a violator alternative compensatory actions, 13a, such as 'stoa~n drain. stenciling, attendance at caxnpliance workshops, pond cleanup, or similar education classes nr service. Section ~. Eagan City Cnde Chapter 1 entitled "General Prnvisions and I]efinitians 1lpplicable to the Entire City Code Including `Penalty fnr Violation"' and Section 4.~9, entitled "Violation a Misdeaneanar" are hereby adnpted in their entirety by reference as though repeated r~erbatin~. Section 3. Effective Date. This ordinance shall take effect upon its adaptioa~ and publication according to law. ATTEST: CITY 4F EAGAN City Council By: Maria Petersen Its: City Clerk By: Mike Maguire Its: Mayor Date Ordinance Adapted: hate Ordinance Published in the Legal Nev,~spaper: 33 Agenda I~~fo~•mation Memo Dctnber 21, 2~0$ City Council Mecting VICI. I,EGISIIA'CIVE 1 INTERGOVERNMENTAL AFFAIRS i1PDATE A, APPROVE CORRESPONDENCE "I'O THE FEDERAL AVIATION ADtI~IINISTRATIDN (FAA] AIR T'ItAFFIC CDNTRDI, TOWER itEGARDING tiSAGE DF Ri.1NWAY I713S AT MSP AIRPORT ACTION TD BE CONSIDERED: Ta approve the October l 4, 20[18 recommendation of the Eagan Airport Relations Commission to send correspondence to the FAA regarding recent concea~~s ahotrt tl~c usage of l~~inway 17135. FACT'S: o 't`he Eagan Airport Relations Cflrrnnissifln (ARC} toured the N1S1' Air Traffic Control Tower o~1 September 9, 2008. • The Commission disc~rssed their observations of the tour at the October 14, 2008 ARC meeting. Based on bath the Commission's observations and the recent complaints the City has been receiving regarding the use ofRiu~way 17135, the Commission is rccaa~~~r~ending to the City Council that the enclosed correspondence be sent to the Manage~• of the MSP Air Traffic Control Tawcr, Carl Rydccn. • The MSP Noise Oversight Committee (NOG) has previously discussed all of the issues raiserl in the letter, and therefore, City staff, in consultation with Mr. Clad Lcgve, Manager of the MAC Noise Office, are recommending that the letter be sent directly to the FAA as apposed to first gairsg through the NOG. A'f TACHMENTS Enclosed an pages~~thra~igla~ ~s the correspondence propasecl to be sent tc~ the FAA. ~~ Miles Maguire ~] October 15, 20D8 MAroR i II Mr. Carl ftydeen, M5P ATCT L3istrict Manager Pau! Bakken 5311 34th Avenue South Peggy Carlson Minneapo'is, MN 55450 Cyndee Fields Meg Tilley Cfear Mr. Rydeen: Courrcic Ma~nseRs Thank you far providing the opportunity to the Eagan Airport Relations Commission ~ARC~ t4 Thomas Hedges tour the Air Traffic Cantroi Tower ~ATCT~ an September 9, ZOt]8. The Commission found the tour Carr An~~~isrflA~rQn very informative and helpful as they discuss airport issues facing the community. Based on observations at the Tower tour, anti as a result of feedback from Eagan residents aver the past few months, the ARC discussed the issue of the use of Runway 17 at thew October 14, 2008 Commission meeting. In particular, concerns have been raised regarding the fanning of departures off of 17, nighttime departures, and the adherence to the Runway Use System {RU5}. Mt]HICiPAt CEASTER 3830 Pilot 1{nob Road 1 As was communicated to Mr. Yeske during the tour, the City has been receiving a significant Eagan, MN 551 P2-1810 number of complaints from residents living in central Eagan, particularly under the 120 degree ~51'875.sooo phone and 7.30 degree departure tracks. As a result, the City asked the staff from the MAC Nalse C7ffice 651.fi75.5012 fax to conduct an analysis show'sng the number of departures using each of the flight tracks off of 17 651.454.8535 Tbb during the month of .luly Zt308, when complaints were at the highest. Enclosed is the map produced by the MAC, which shows that the 7.20 degree heading was used mare than any of the ether tracks. With so many residents living under the 12[3 degree track, it is concerning to the MAtHTENANCE FACILt7Y ~ City if that track is utilized disproportionately. As a follow up, the same analysis was complete 3501 Coachman Paint ~ for August 2008, and it was determined that the p4anes were fanned mare evenly during that Eagan MN 55122 month across all tracks, which was very much appreciated i,y the City. While we recagniae that s5i.675.530o phone destination impacts the headings ass"sgned, it is the continued request of the City that the FAA 651.675.5360 lax make a concerted effort to distribute the flights as evenly as passible, 651.454.8535 TQD 1 Additionail ,with regard to the use of the 124 degree heading, the City continues to hear from y 1 pilots in the community that the 120 degree heading is being used as the "default" heading for wwv~.cityofeagan.cam eastbound departures when the parallel runways are not 17eing used simultaneously far departure operations. Again, an behalf of Eagan residents, the City would request mare equital~[e distribution of those departure operations when the airport is operating in a configuration where Runway 17 alone is being used far departures. Moreover, the City Tx~ t_on~e UAKTREE continues to strongly assert that the parallel runways be used to the greatest extent possible far The symbol of i eastbound departures to take advantage of the City's proactive planning to place commercial strength and growth i and industrial uses in the Eagan~Mendota Heights Corridor. in our eomr€iunity. '~ As you are weft aware, the City of Eagan has also had concerns in the past aver Che usage of Runway 17 during the evening hours [101:30 p.m.-fi:DD a.m.}. In response to the request of both the M5P Noise Oversight Committee {NDC~ and the Eagan ARG in the fail ^f 2t]Q7, it appeared that the R5 was being more strictly adhered to as the nighttime use of Runway 17 was reduced significantly since last summer. The City was very pleased with the resulting reduction of noise over our community during the evening hours, when noise is most bothersome to residents. over the past few months, however, the City has observed that nighttime use of Runway 17 is again rising. The fallowing is a month-by-month comparison of evening departure percentage off of Runway 17 based on the monthly MAC Technical Advisor's Report, which shows the nighttime use of 17 gradually increasing each month since .fanuary ZD08: MonthjYear Percentage of Nighttime Departures {Operation Count} January 2008 1.2% 41D ops} February 2DQ8 2.2% [19 ops} March 2D[18 4.89'0 {38 ops} April 2DD$ 3.5% X29 ops} May 2QD8 5.4% ~4D ops} .fuse 2QD$ 8,8% X94 ops} ,July 2D08 9.D% {91 ops} August 2DQ8 9.8°/u X87. ops} based on past treads, it would appear that nighttime usage of 17 is seasonal in nature, likely based on prevailing winds. The City was pleased to see the nighttime usage percentage of 17 decrease in September 2QQ8 and would hope that this trend of less usage will be seen in the months to corr-e. The City will continue to actively promote the usage of the RUS during the evening hours, which tails for the paral{ef runways to be used as the first priority for evening departure operations. Lastly, the City remains concerned and frustrated by the continued use of Runway 17 for such a significant number of departure operations, particularly when compared to the use of the parallel runways over the EaganjMendota Heights Corridor. Using August and September of 2DD8 as an example, Runway 17 has been used far 3€]% of the departure operations, while the parallel runways combined have been used for approximately Z5%n of departure operations. During the ARC's tour of the Tower, Mr. Yeske communicated to the ARC that the use of Runway 17 for departure operations is a very efficient configuration for departures due in part to the fact that there are limited airspace conflicts when planes depart off of 17 compared to the other runways. The Commission observed first hard at the tour the number of planes lined up to take off on 17 while the parallel runways were Both being used for arrival operations. Anecdatafly, ~~ the Commission members could count on one hand the nut~nber of arrivals they observed at that time, as compared to the dozens of planes departing on 17. V1lhile the City will never advocate for the FAA to jeopardize safety, it is very apparent to both outside observers such as the Commission and to the many pilots in the Eagan community, that the parallel runways could be used to. a much greater extent than they currently are. The City has been told on numerous occasions that the runway usage percentages estimated through the E15 process do not drive how the controllers are directing air traffic. However, yet again, an the tour of the Tower, the Camtttission heard firsthand haw Runway ~.7 is being utilized far significant departure operations in order to adhere to the EiS projections. Clearly, the City of Eagan recognizes the pressure in which the FAA is under by other corrsmunitles to reach those Ely projections, but it is our strong Nape and expectation that those percentage projections are not the driving factor in haw departure operations are being directed at MSP. Rather, sound public policy should trump projections and if capacity exists on the parallel runways, then Chase runways should be utilized to take advantage of the less noise sensitive land uses within the EaganJMendata Heights Corridor. While the Eagan Airport Relations Commission certainly had reactions and feedback to the tour of the Tower, we would be remiss if we did not commend the controllers for their excellent work in ensuring the safety of passengers and residents living around the airport, The issues raised in this letter are ongoing concerns of both the City, as well as Eagan residents and pilots. 1Ne would very much appreciate a response to the questions and concerns raised above, and we would welcome you to a future a Eagan Airport Relations Commission meeting to further address the concerns of the City. sincerely, Mike Maguire Mayor cc: Eagan Airport Relations Corrsmissioners Chad Leqve, Manager-MAC Aviation Noise and Satellite Programs X37 ~ J ~ i ~ ~ ~ Q. ~ ~ Q O 4 4 ~ ~ a tit a ~v, v ~ t• ~ ~t r7 cn Y r r L ~ Cf7 ~7 {3] ~ u] ~ ~ ~ ~ _ lt7 O Q LI? ~ `w~''' r Y r r' ly-' ~i~1 ~ E _ ~ ~ ~ ~ ~ ~ ~I ~. +-' tt7 ~ d' Q N d' C Cy ~7 1~ [~ I~ [Y] ~ N ~i7 N U C r r' r-' r' ~ cv, (~ ~ ~ o ~ ' ' 1 ~ f~~ t ~ ~. ~ : 1 d .. ~~.,r - . f ~~ '~ It ~R.', ~~ r:. ~ j J J ~ ~ ~+~ y~~ f f, ~ ~ ~` ~ - j~ hl ~ ~ 1 r , ~ r ~ ~ I~{ ~ ~Ti ~ ' , 4 ~t,; ~ ~ 7 F. ~ ~ t ~~ F~~ ,~ ~lz•~ ' ' ~ ~ ' ~ C f ii ~ I Y .~ xf r ~i ~y [[ ryry `y ~ f ~ r ~~r,r 1 - ,~~1 ~ ,( . ~ _ f. J J'i f tilYJ ~ 1 '- f f Qf . ~ r r !/~' L li ~ !~ , I7 ~ C f {~~ 1 y ~~~ .iyJ~~ t~ JN t ~~ Y ~ r r~ I r` , r r f r 1 y il~ k ~ ~ ' .- r { ~ ryS~' rf r ~ r~a2~ 'iri ~ ~ ' ~ ~' f~ ~ ` ~ ~' i ~~ = ~ r , 2 ' ~ , r 1~, ~t~~~~f ~. 1~ ~ .++-~~ .mot f -i. L -'Z7 -. ~ .: -~ f ~ ~ ~ ~r ~ .~~ i . F, - Y- ~ - ,i'fr~K ~ _ ~~~_ ~a-,G ° ~Y~ -- ~] _ ~~, ~• ~ ~ ti ~~~ _~ .mac ~~~ . 1 ,~~51`k ~, a~ ~~~ ^~~ ~y ~t ~~. a; ~r { _ ~ 4 ~,, .~.' ..F;I ti , 1 .. a~ ~ '~ ~• ~~ ~ i ~ . ~ ~ ap S L '.. F ~~ ~ P 1~1~~ ~ ~~~ . v ~ ~~ 2 ~ • - `~. ~ _. . , ~ 1 ',, i, Y ill . 1~ t k 7 [~~ ~' , ' i[ i ~l { % ~~ AGENDA CITY ^F EAGAN REGULAR MEETING OF THE ECONOMXC DEVELOPMENT AUTI-IOItITY EAGAN MUNICIPAL CENTER ^CTOBER 2l, 2U~8 A. CALIF TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA I. Approve EI3A IVli~~utes D. OIaD BUSINESS E. NEW S~L]SINESS I. Authorize preparation of a DCA Redevelnptnent Incentive G~•ant fnr Cedar Grove F. OTII ER BUSINESS G. RECESS to Executive Session to consider acq~~isitions in the Cedar Grove Redevelopment District H. ADJOURN 139 Agenda Information Memo Eagan Economic Deveiopment Authority Meeting October 21, 2~~$ NGTICE ~F CaNCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic De-~elvpment Authority €"EDA") may discuss and act vn the agenda items for the EDA in conjunction with its actions as a Cauncit, A. CALL TO aRDER ACTION TU BE CUNSIDERED: Tv cvnr~ene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADDIPT AGENDA AC'I'IUN T~ BE CDNSID]EREI3: Tv adopt the Agenda as presented or nnvdified. C. CONSENT AGENDA .ACTION TD BE CQNSIDERED: Ta approve the Consent Agenda as presented yr u~vdified. ® MINUTES -~ The minutes of the October '~, 2hOS EDA meeting are enclosed on pages' ~~D MINUTES OF A 1V[EETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota Oe#aber 7, 2fla8 A meeting of the Eagan Economic Development Authority was held on Tuesday October 7, 2~D8 at the Eagan Municipal Center. Present were President Maguire, Cvmrnissivner Fields, Commissioner Bakken, commissioner Tilley and Commissioner Hunter. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Daugherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: ~ Nay: ~ coNSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the September l6, 2~Q8 EDA meeting. OLD BUSINESS There were no Old Business items. NEV6~ BUSINESS PUBLIC HEARING TO CONSIDER RESOLUTION FOR DEED FUNDING APPLICATION FUR EXPANSION OF ~IOTHERA AT 3388 MIKE COLLINS DRIVE Community Development Director Hohenstein noted that due to preparation of background material by Biothera taking longer than anticipated the public hearing should be continued to the November 6, ~~45 EDA meeting. Commissioner Hunter moved, Commissioner Bakken seconded a motion to continue the public hearing to consider a resolution to support a Minnesota investment Fund Application far expansion of Biothera at 33S$ Mike Collins Drive to the November 6, ZQ~S meting. Aye: 5 Nay: Q OTHER BUSINESS There were no Other Business items. `~" An.~oulr~v~NT Commissioner Bakken moved, Comn}issianer Tilley seconded a motion to adjourn the meeting at 8:35 p.m. Date Thames Hedges, Executive Director ~~ Agenda Memo ERgan Economic Development Authority IVleeting New Business Qctober Z~, 2QD8 1. AUTI~URIZE PREPARATION OF DAKQTA COUNTY CDA REDEVELQP1171ENT INCENTIVE GRANT APPL~CATIDN FQR CEDAR GRAVE PRDJEC'I' ACTIQN T4 BE CQNSIDERED: To authorize preparation of an application for funding for activities in the Cedar Grove Redevelopment District through the Dakota County CDA Redevelopment Incentive Grant program. FACTS: • The Dakota County Community Development Agency has allocated up to $1.2 million per year for its Redevelopment Incentive Grant (RIG) Program, which was created to assist cities in the County in meeting their redevelopment goals and to further the goals of the CDA. • The maximum grant award is $25~,U~1} per City, but may be less depending upon the number of qualified applications that are received far the program. Grant applications " are accepted through December l for award and distribution in the following year. ^ The CDA has worked with the City in a number of respects relative to the Cedar Grave Redevelopment District and CDA staff has indicated that a number of Cedar Grove activities planned far 20Q9 would be eligible fvr funding under the program. • With the EDA's direction, staff will prepare a RIG program application and return it £vr submittal authorization at the Authority's meeting on November 1$, 2~U$. ATTACHMENTS: ^ Nane ~~~ Agenda Information Memo Eagan Economic Development Aarthority Meeting October 2I, 2Q48 F. QTHER BITSINESS G. RECESS TO EXECi]TIVE SESSION The EDA is being asked tQ recess tv executive session to discuss the passible acquisition of properties located in the Cedar Grave Redevelvprnent District. H. ADJOURNMENT The EDA meeting will adjourn at the cvnclusivn of the executive session. ~4~{