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12/20/2005 - City Council Regularl ~ AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING December Z0, 2005 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE P ~ II. ADOPT AGENDA (At approximately 8:00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS p 'd A. STANDARD & POORS BOND RATING UPGRADE TO AA+ - Springsted, Inc. IV. CONSENT AGENDA P 5 A. APPROVE MINUTES la B. PERSONNEL ITEMS P~ 13 C. APPROVE CHECK REGISTERS ~ ~~ D. AUTHORIZE staff to advertise for Request for Proposals for placement of ATM machines at Special Facilities ~.i5 E. AUTHORIZE Acceptance of the FEMA Assistance to Firefighters Grant -Exhaust Filtration System p, (lo F. APPROVE Lease Agreement -City of Eagan and Eagan Convention and Visitors Bureau P.G. APPROVE Agreement with Eagan Convention and Visitors Bureau 3~H. APPROVE 2006 Enterprise Fund Budgets for Water, Sanitary Sewer, Street Lighting, Storm Drainage, and Water Quality P341. APPROVE 2006 Special Revenue Budgets, including Enhanced 9-1-1 Fund, Housing Fund, DUI Forfeiture Fund, and Cable Franchise Fees Fund ~~J. APPROVE 2006 Budgets for Burnsville / Eagan Telecommunications Commission and Burnsville / Eagan Community Television ~p K. APPROVE Change in Business Structure (ownership) of Off-sale Liquor License from Phuong Nguyen and La Truong, dba T.L. Liquors (partnership) to International Business Enterprises, Inc. dba T.L. Liquors (corporation) ~~] L. APPROVE On-sale 3.2 Percent Malt Liquor License Renewal for M. Cheng, Inc. dba Hong Wong, 2139 Cliff Road ~y~ M. APPROVE Lease Agreement with Voicestream Minneapolis, Inc. for a Transmission Site to be located at 1689 ' Highline Trail, Line #0976, Pole #147, and authorize the Mayor and City Clerk to execute all documents P,5) N. APPROVE the Settlement Agreement for Cascade Bay restoration and repairs and authorize the Mayor and City Clerk to execute all documents tJa O. APPROVE 2006 Consulting Engineers Fees P 55 P. APPROVE Development Agreement Extension, Nicols Ridge, Project 03-N (Landscaping, Streetlights, Sidewalks/Trails P5W Q. RECEIVE Feasibility Report and Schedule Public Hearing (January 17, 2006) for Project 933 Town Centre Drive / O'Leary Lane /Golfview Drive -Street Overlay rJCJ'~ R. APPROVE Easement Agreement with Skyline Displays for Project 771 (Lexington Avenue, Golfview Drive to Clubview Drive -Street Improvements) P ~~ S. APPROVE Findings of Fact for Revocation of the Conditional Use Permit for Magnum Towing (Kevin Mellon), 4871 Biscayne Avenue ~. (9(p T. AUTHORIZE Staff to initiate an Amendment to the City Zoning Ordinance for implementation of the Minneapolis - St. Paul International Airport Zoning Ordinance P,~01 U. APPROVE Joint Powers Agreement for Street Maintenance Contractual Services ~'~3 V. ADOPT Resolution Approving the Fiscal Year 2006 City of Eagan Application for CDBG Funding V. PUBLIC HEARINGS ~.1~P A. 2005 (PAYABLE 2006) PROPERTY TAX LEVY ~,'~ ~ B. 2006 GENERAL FUND BUDGET ~,g~ C. 2006 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET ~,$3 D. PROJECT 888, Cedar Grove Parkway -Trail and Lighting Improvements (to be continued to Jan. 17) ~. ~(~E. PROJECT 932, Whispering Woods / Slater Acres / Slater Road -Street Overlay ,/1'~jF. PROJECT 931, Kathryn Circle(Hillandale/Meadowlark Road -Street Overlay ~1'''~ G. WETLAND DELINEATION REPORT -Salem Communications VI. OLD BUSINESS ~,1~J A. 2006 FEE SCHEDULE -Establishing Fees for Various City Services, Supplies and Materials ~1 B. PUBLIC WORKS COMMITTEE REPORT - Diffley Market Place Access .~ VII. NEW BUSINESS VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ECONOMIC DEVELOPMENT AUTHORITY The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') ~~ ~ ~ may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS I. CEDAR GROVE REDEVELOPMENT DISTRICT -Public Hearing to consider the proposed request for the sale of City owned property and approval of the Tax Increment Development Agreement with Schafer Richardson for property located in the Core Area of the Cedar Grove Redevelopment District. F. OTHER BUSINESS G. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eagan Me~o TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 19, 2005 SUBJECT: ADDITIONAL INFORMATION /DECEMBER 20, 2005 CITY COUNCIL MEETING CONSENT I. Approve 2006 Special Revenue Budgets, including Enhanced 9-1-1 Fund, Housing Fund, DUI Forfeiture Fund, and Cable Franchise Fees Fund -Enclosed and referenced as page 38R is a replacement page for page 38 removing references to the Economic Recovery Grant Fund. Page 42 should be deleted and left blank. All assets of the Economic Recovery Fund were used in 2005 to finance the City's participation in the Twin Cities Community Capital Fund and the Economic Recovery Fund will no longer be used by the City. OLD BUSINESS A. 2006 Fee Schedule -Enclosed and referenced as pages 178R, 179R, 180R, and 181R are replacements for pages 178 through 180 to place the packet pages in the same order as the fee schedule pages. Included on page 178R are the reconunended changes to the Sanitary Sewer Trunk Connection Charges (SCC) to bring these connection charges into compliance with the new State law which says that they cannot be based on area. The proposed fee schedule change makes them a function of the number of SAC units to be included in the development. /s/ Thomas L. Hedges City Administrator Agenda Information Memo December 20, 2005 Eagan City Council Meeting I. Approve 2006 Special Revenue Budgets, including the Enhanced 9-1-1 Fund, Housing Fund, DUI Forfeiture Fund, and Cable TV Franchise Fees Fund ACTION TO BE CONSIDERED: Approve the 2006 budgets for the following Special Revenue Funds: Enhanced 9-1-1 Fund Housing Fund DUI Forfeiture Fund Cable TV Franchise Fees Fund FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund, the revenue sources, and the expenditure categories are listed on each budget page. • There are no tax levies related to these funds. ATTACHMENTS: • Enhanced 9-1-1 Fund budget on page • Housing Fund budget on page • DUI Forfeiture Fund budget on page • Cable TV Franchise Fees Fund budget on page 3s R ~ ~~ ~~ 200,E FEE SCHEDULL~`~ ,,~~ o~ - ~0.y .~\~ ~ iTILITIES FEES-CONNECTIONIAVAILABILITY CHARGES ~~ Trunk char es: Fee ~~ ~'t g r 3 L Sanitary sewer oversize Unplatted and platted non-residential ~ . Platted residential ~/iZp O0 1,085 0 perJet-uh~1r Water main oversize Unplatted and platted non-residential 2~.¢3ppp 2,3 0.00 per acre Platted residential ~~ l 1D.OO 1, 30.00 per lot Storm sewer oversize Single-family •f~~ .10 per sq ft Multi-family .13~ .128 per sq ft Non-residential . i~9 .1 5 per sq ft Lateral charges: Sanitary sewer x•20 53.40 per centerline foot Water main Single-family S5.?D 53.9 per centerline foot Multi-family and non-residential ~j p,?,p 67.0 per centerline foot Storm sewer (based on pipe at 15'' depth) 12" storm sewer LO ~ 5 .50 per centerline foot 15" storm sewer li~.ff! .60 per centerline foot 18" storm sewer 1~?•~ 5.00 per centerline foot 21"storm sewer 7Z •~,s 69.80 per centerline foot 24" storm sewer ~Z„4p 79.70 per centerline foot Service Charges: Sanitary Sewer: 4" service (r?3.00 651 ~0 per service 8" stub (,s~{ •m0 1,4900 per stub Water: 1" service '151 ~~ 27.00 per service 6" stub yr ~ 9 i . p0 2 06.00 per stub Sanitary sewer availability (SAC): MCES portion-all property types City portion-all property types Water supply and storage: Residential Non-residential (~~jQ.DD 4.469~GC per SAC unit * 100.00 per SAC unit rrp'~'3'D~ 1,0 0 per SAC unit 3~$3p Dp 0 3,70 .00 per acre Treatment plant: All property types (i3~,~ea612.00 per SAC unit * * SAC units are determined by Metropolitan Council-Environmental Services (MCES). Acct Code 9379.4611 9379.4611 9378.4611 9378.4611 9377; 4611 9379.4611 9378.4611 9378.4611 9377Y4611 9379.4533 9379.4533 9378.4508 9378.4508 9220.2275 9379.4681 6101.4680 ,~ 6101.4685 cc__ C • ~rVt,1~( ~~•1•+`V!~/` ~~KNr~ ~pl~M~.t4 1OK ~~/ L, J ~~ ~ ~s0 S ~C ~,wi~ ~er ~.- ~O ~~ t,1,~n~'~'S 1 ~ ~ ~-~'~ ~~ l I ~. S IBC t~,K ~-ks ~ was ~ ~~~ ~ 12 200 FEE SCHEDULE UTILITIES FEES-USER RATES Fee Acct Code Sanitary sewer Residential and Commercial/Industrial (Usage is based on lower of winter quarter and current quarter water usage.) Administrative fee All usage (min 3,000 gal/qtr) Sewer-only (no water connection) Manual reading/billing fee- deduct meters Water Residential and Commercial/Industrial Administrative fee All usage Hydrant/construction meter-minimum Storm water drainage All properties except R3 R3 properties (20% credit) Street/signal lighting Neighborhood lights Single-family, twin homes (R1/R2) Townhomes (R3) Multiple residential Non-continuous Continuous (per LF basis) Continuous (per acre basis) Individual lights 100 WHPS 150 WHPS 200 WHPS 250 WHPS Community and signal lights R1 /R2 R3 R4 Non-residential ~~~ ~ l . ~~ $ -~:~ per bill 6201.4530 Z.oO 't'8fi per 1,000 gallons " 4l. L5 ~~ per quarter " 10.00 per meter, per read " ~- ~1S 8~@- per bill 6101.4505 1 1~ 'hAS- per 1,000 gallons " 5.00 per day " ? ~2 ~'Zi7' per REF/qtr. 6401.4540 ri1.g3 'YT6-' per REF/qtr 6401.4540 4 5~ 4.26 per qtr/lot 6301.4550 ~•1i~ 3.4 per qtr/unit " •°3 7. 6 per qtr/account " 5,4~. .04 per qtr/acre " ~ ~ (~ 108 per qtr/LF " (Y7,~j'S 9.62 per qtr/acre " 1jZ.s~i 30.2 per light/qtr " •?D 43.5 per light/gtr " ~-I ,~Jr 3 .60 per light/qtr " 73,8 ~ .26 per light/gtr " ,~j7 .5 per unit/gtr " I~(r 3 per unit/gtr " ,'~ .32 per unit/gtr " Z„",y9 .13 per uniUgtr " 13 b 200~FEE SCHEDULE JTILITIES FEES-OTHER Water shut-off Water meter removal/replacement/resealing Utility bill late charge Certification fee on delinquent utility bills Sewer permit-new or repair of existing Water permit-new or repair of existing Temporary construction hydrant meters (6 mo max) Permit fee Hydrant damage deposit 5/8" meter damage deposit 3" meter damage deposit 3" backflow preventer & cart damage deposit Trip fee (if required) '/." backflow preventer deposit Scheduled after-hours work Call out-2.5 hour minimum Extended day Fee Acct Code ~j'~j,OQ $ -69'00• (lam -4pm) 6101.4512 lJftj17 .56°QO' (lam -4 pm) 6101.4512 1.5% per month on 6101.4506 unpaid balance 25.00 per parcel xxxx.4612 50.00 6201.4532 50.00 6101.4507 40.00 per month, 3-month 6101.4521 200.00 deposit required 9220.2254 ~~,D! •L~6!'90 9220.2254 g39,o. ~; 1 ,800.00 ~~ DD r ~'p 0801.4242 '~j~j,oo 89"90 9220.2254 OT labor rate plus 15%admin fee to max admin of 60.00 OT labor rate plus 15%admin fee Meter testing (charged only if meter tests correct) 5/8" through 1" 1 '/:'through 2" All other sizes Water turn-on before all work satisfactorily completed (Fee includes refundable deposit of 170.00) Private hydrants Maintenance/flushing Repair Utilities customer list Mailing labels Electronic transmission, weekly new customer list 1 ~fl~OD '499°@0 6101.4242 (~jp~ab 1~9.9~ 6101.4242 Contract cost plus 15% 12Soo ~ee-e0 'Shoo 5e~ Time and material plus 15% 170.00 9220.2253 2~9-A~-~'jr71D 6101.4228 6101.4242 6101.4242 125.00 50.00 per year 0501.4230 0501.4230 ~~ ~ 14 G 200,E FEE SCHEDULE UTILITIES FEES-WATER METERS Water meters (includes copperhorn/strainer, remote wire, and touch-pad meter) 5/8" x 3/:' meter '/:' meter 1" meter 1 %' meter 2" compound meter 3" compound meter 4" compound meter 6" compound meter 1 %' turbo meter 2" turbo meter 3" turbo meter 4" turbo meter 6" turbo meter Replacement remote wire (over 50') Replacement outside touch-pad meter Fee Acct Code $ 125.00 ~ 3D -~ 6101.4509 161.0 ~ 6.'~, po " 296. 21~. (/~7 " 429.0 J~t~j.pp " 1,849 00 [~ glsy.vv " 2,28 .o0 2 Stb .oo . <' 3,5 .00 3~ (,,~..0~ " s,o s.oo a,~3~••• ;, 35.00 YZ7,1~ 31.00 t, D . O- " ,182.00 1,394 ~ " ,226.00 2.~ ~ q5`. ov " 3,578.00 3~~'Irj • on " .12 per foot " 17.00 " #2 copperhorns only Meter strainers only 2" strainer 3" strainer 4" strainer 6" strainer Radio meter read sending unit 9.8'99- ~1,Pv ,~ 288. 2 q-.dd " ~ 36.0 3 ~. 9° " 5 .00 ~'Y L.~b " 4.00 't 3SJ~o " 141.00 6101.4509 ~s.~ 18i R ,s !. ~,, ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA DECEMBER 19, 2005 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS Item 1. Easement Vacation, Lot 2, Block 1, Cliff Lake Centre 3~a Addition DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity ~7 City of Ea~au ~cmo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 19, 2005 SUBJECT: ADMINISTRATIVE AGENDA /DECEMBER 20, 2005 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves the right to schedule an Executive Session for the purpose of reviewing matters of pending or threatened litigation or matters of personnel labor negotiations. The City Attorney is advising the City Council to hold an Executive Session for the purpose of discussing the Nolan lawsuit. CITY ADMINISTRATOR There are no items at this time. DIRECTOR OF PUBLIC WORKS Item 1. Easement Vacation, Lot 2, Block 1, Cliff Lake Centre 3`a Addition - On November 18, 2005, City staff received a letter from Jay W. Feider, President, Positive Companies, Inc., requesting the vacation of a portion of an existing drainage and utility easement on Lot 2, Block 1, Cliff Lake Centre 3`d Addition, southwest of the intersection of Cliff Lake Road and Rahn Road (Location Map enclosed on page~,~Q~. Public drainage and utility easements were dedicated as part of the Cliff Lake Centre 3`d Addition plat for the encompassed pond area impacted up to the high water level (HWL) of the 1% (100-Year) Storm Event. The purpose of the request is to allow the developer to construct a new office building on Lot 2. The configuration of the retaining wall being constructed, in addition to a portion of the proposed building, would encroach upon some of the existing drainage and utility easement as indicated on the enclosed page. While the portion of the easement proposed for vacation is an area nearly 5,000 square feet, the actual area impacted within the HWL area is less than 100 square feet, and outside of the wetland area. The top of the retaining wall would be 11 feet above the HWL and the new building would be in excess of 12 feet above it, over 7 feet above the required freeboard elevation. Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. (~1 ~~ ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on January 17, 2006. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update -Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on pag, staff will be available to provide comments or respond to questions relative to the redevelopmen projects at Tuesday's meeting. Item 2. Development/Construction Activity - Per the Council's request, Community Development staff will provide bi-weeklyy~u~pdates of larger development and construction activity. The current update is enclosed on page~?'iw~-. /s/ Thomas L. Hedges City Administrator a~1 City of ~a~aIl Engineering Department Lot 2, Blk. 1, Cliff Lake Centre 3rd Add. Proposed Easement Vacation a(~ Location Map 12/15/05 4 G7 Y69= ~~ ~~__~~ 'I _ 696 -- C Q ~ 1 \ _ i~ ~~~ 1 / by __ J C~ _ - _- / \ m .~ `\ ~1. ~` °gi ~~ .. ~ _ ~;~ ~/ 4/ ego ~ i ,~~~ . ''~ _. , . _i ~ e~ o ems, ~ --_ _ \ _ _ ~. _ ~ .. ~ - Orainoge and Ponding Easement Doc. No. 951913 ~' .HIGH WATER LEVEL o = -- - -. ,., a~ ~ r -' _ '~r~B8.0 BW~~ / I~ L~i~8 / / i / /: .~ ~.. ' ~... i~l / ~ ~.. ~/ /. ' "~~ ' ~ /~55 EXIST. POND ~ NWL = 875.50 HWL = 885.0 IAODULAR BLDCK WALL EASEMENT AREA TO BE VACATED HIGH WATER LEVEL ~ ~ ~ 888 CLIFF LAKE ROAD 0 City of Ea~au Nano TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMiJNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 19, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement -The public hearing for the development agreement and revised concept plan are before the EDA and City Council on the December 20, 2005 agenda. • Acquisition and Relocation Plans -Negotiations are underway with the owners of the Eagan Eye Clinic, AVVR and Ellingson and Associates for acquisition of those properties. Several additional property owners have contacted staff with preliminary interest in discussing possible sales. The owner of the Shell station is in the process of having the building demolished and staff has indicated the City's interest in acquiring the property. • Communications Activities -The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. Northeast Eagan Redevelopment District • Grand Oaks Development -The office building is occupied and the retail buildings are beginning to have interior finish work for a number of businesses. Construction is continuing on the Eagle Valley Bank. • McGoug6 Office Project - In response to the City Council's direction that the developer make further private efforts to acquire the remaining properties prior to final consideration of the findings for the development agreement, developer has contacted the property owners and staff is aware of responses from several, but no additional acquisitions to date. • Hwy 55 Parcels -DART Transit, the owner of a substantial number of the properties in the portion of the District south of Hwy 55 has indicated an intention to prepare a development/redevelopment plan for that part of the district. Staff has followed up with the DART representative, but have yet to receive additional information from them. Southeast Eagan Masterplan • Staff has met with representatives of Revestors and Manley Brothers concerning the preliminary LHB findings and the developer is overviewing proforma financial information with Ehlers and Associates to determine whether financing assistance will be requested. In any case, the LHB findings would permit the City Council to make a finding that a renewal district would be feasible for purposes of considering the use of eminent domain, if that should become necessary to acquire and assemble properties. At the present time, it does not appear that a district would be able to incorporate the bulk of the Revestors property, so they will be proceeding with an application for the January APC meeting. a~a, City of Eagan Memo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: December 15, 2005 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address • 2975 Lone Oak Dr • 2110 Cliff Rd Explanation CSM Corporation Salem Communications Valuation $2, 000, 000 $ 160,000 Type Development Update Comm New Comm Add Community Development, Public Works and representatives from Gopher Resource and Thomson West have met with the county engineer to discuss access issues relative to Yankee Doodle Road near Highway 149. Planning staff has been informed that a change in ownership (and direction) has caused La Quinta to pull the plug on the recently approved project located on Pilot Knob Road at Buffet Way. Staff will be happy to provide a brief overview of these items and/or respond to questions at Tuesday's meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. ac~3 City of Ea~aa Memo To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: DECEMBER 16, 2005 Subject: AGENDA INFORMATION FOR DECEMBER 20, 2005 CITY COUNCIL MEETING AllOPT AULIVllA After approval is given to the December 20, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 20, 2005 Eagan City Council Meeting Recognitions & Presentations A. Standard &Poors Bond Rating Upgrade to AA+ ACTION TO BE CONSIDERED: • No action is required. FACTS: • Standard &Poors (S&P) recently upgraded the City's bond rating from AA to AA+. S&P's rating is now on par with Moody's Aal rating of City bonds-both are one step below the highest rating offered by the firms. • Dave MacGillivray, Chairman of Springsted, Inc., the City's financial advisor on bond issues, will present a framed certificate to the Mayor in recognition of the ratings upgrade. • Mr. MacGillivray will also review and comment on the ratings upgrade report issued by S&P, and will be available to answer questions. ATTACHMENTS: • S&P ratings upgrade report is enclosed on pages ~ through ~ . a Publication date: 26-Oct-2005 Reprinted from RatingsDirect Eagan, Minnesota Primary Credit Analyst: Jane Hudson Ridley, Chicago (1) 312-233-7012; Jane_ridleyQstandardandpoors.com Secondary Credit Analyst: Corey Friedman, Chicago (t) 312-233-7010; Corey_fredman@standardandpoors.com Credit Profile RatlOlla~@ USS3.84 mil GO wtr rev rtdg The standard long-term rating and Standard & Poor's underlying rating bnds ser 20056 dtd 12/01/2005 due 12/01/2010 SPUR on Ea an, Minn.'s GO im rovement and refundin bonds has been ~ ~ g P g AA+ raised to 'AA+' from 'AA', based on the city's on going trend of strong financial performance and continued strong growth in the local economy and tax base US$6.705 mil G0 imp bnds& GO imp rfdg bnds ser despite the city's nearly built-out status. The city appears to have handled an 2005A&C dtd 12/01/2005 due extended period of significant growth without pressuring its financial position. 02/01/2021 AA+ saiedace: o1-rvov-2oo5 The rating reflects: UPGRADED outstanding GO bnds • Participation in the strong Minneapolis-St. Paul, Minn. MSA; To 'AA+ FROnn AA .Above-avers a income levels with hi h market value er ca its 9 9 P P bolstered by strong growth in the local economy; OUTLOOK: STABLE • Good financial performance with ample fund balances; and Manageable debt burden with a rapid amortization schedule. Eagan, with an estimated population of 67,000, is 14 miles south of downtown Minneapolis-St. Paul, allowing residents access to the MSA's strong economy. After spending several decades as one of the fastest-growing suburbs in the Twin Cities area, residential development has begun to slow, as has the growth of its population. Maximum population projections are not expected to exceed 70,000. Good highway access and proximity to the Minneapolis-St. Paul airport have helped contribute to steady growth in commercial and residential development, as well as to the expansion of the tax base. Market value increases have been consistent, averaging more than 10% annually since 2000. The total market value of $7.5 billion in 2005 is equal to a high $111,000 per capita. Although they have fallen some over the past few years, household and per capita effective buying income of 147% and 136%, respectively, remain well above both state and national averages as well. In keeping with the rest of the MSA, Eagan's unemployment levels have historically been below state and national figures; for the first seven months of 2005, the city continued that trend with an average unemployment rate of 3.1 %. Eagan's financial position is very good, with ample fund reserves despite a history of growth pressures. At fiscal year-end 2004, the general fund balance was $12.1 million, or 57.9% of expenditures. The city's policy calls for an unreserved, undesignated fund balance of 30%-35%, and in fiscal 2004 the unreserved balance remained well above this target at 50% of expenditures. Expectations for fiscal 2005 indicate better-than break-even performance in the general fund, with a positive variance of up to $700,000-$800,000. State aid reductions enacted by the legislature in 2003 resulted in the loss of $1.3 million in state aid annually, about $700,000 of which is general fund support. The city has levied back for the lost amount, however, allowing financial performance to remain healthy without making significant cuts to expenditures. The city also made several other revenue enhancements, including increasing the amount of the transfer from the city's utility fund and raising some fees. Eagan's debt burden remains moderate at $2,089 per capita, or 1.9% of market value. While the city's debt service carrying charges are high at 21 %, a rapid amortization schedule and non-GO sources offset this burden. Of the city's $31 million in direct debt, approximately 41 % is supported by property taxes while payments for the remainder of the debt come from special assessments or other revenue sources. The special assessment bonds are also backed by the city's GO pledge, but there has been no need for a general fund supplement for debt service. The city has no additional debt plans at this time. Outlook The stable outlook reflects the expectation of the city's continued good financial performance, maintenance of healthy fund balance levels in accordance with the city's policies, and moderate additional debt, which would allow the city to maintain stable debt ratios. Ongoing growth in the tax base- despite the nearly fully developed nature of the city-is also integral to the rating as it will serve to provide support to the city's financial position. Recent downward trends in income levels, as well as the challenges of transitioning from a growing community to a fully developed city, also limit the rating. Economy Eagan residents benefit from the ability to commute to a plethora of jobs around the MSA, as well as local employment opportunities. Given ample employment sources, unemployment levels in Eagan have typically been below average and remain low in 2005; the average for the first seven months of this year was 3.1 %, more than a point below the state average, and two points below the national rate. Leading employers in the city include: • West Group (Thomson Legal Publishing, 5,700 employees); • Blue Cross-Blue Shield of Minnesota (2,300); • Lockheed Martin Corp. (1,500); • United Parcel Service of America Inc. (1,435); and • Midwest Coca-Cola Bottling (1,000). The world headquarters of Northwest Airlines is located in Eagan, with a current employment level of 800. Although the carrier has reduced its staffing level in the city significantly over time, at this time there is no expectation that it will reduce it further despite the airline's recent bankruptcy filing. The Eagan presence includes both offices and a training facility. With available land for residential development in Eagan at a premium, new housing has centered on multifamily, higher-density projects, including rental and owner-occupied units. New development includes some residential infill and larger scale projects still in the planning phases. Most single-family home prices in Eagan range from $200,000-$500,000. Agenda Information Memo December 20, 2005 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the December 5, 2005 regulaz City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the December 5, 2005 regulaz City Council meeting are enclosed on pages through ~. :, MINUTES OF A REGULAR MEETING OF THE BRA F T EAGAN CITY COUNCIL Eagan, Minnesota December 5, 2005 A Listening Session was held December S, 2005 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmember Tilley were present. Thor Raarup, 1240 Deerwood Drive, submitted a letter and discussed special assessments in regard to Project 912. He stated that he inadvertently missed the public hearing for this issue which was held in October. He questioned if there is an appeal process. Staff was instructed to consult the City Attorney regarding the possibility of an appeal due to the levy being certified with Dakota County. Councihnembers Maguire, Fields and Carlson arrived at the Listening Session at 6:10. A regular meeting of the Eagan City Council was held on December S, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councihnembers Fields, Tilley, Maguire and Carlson. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: S Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan recognized City Administrator Hedges for receipt of the LMC Leadership Award which was presented to him at the League of Minnesota Cities conference in Rochester, December 2. CONSENT AGENDA Councihnember Fields moved, Councilmember Maguire seconded a motion to approve the consent agenda as presented. Aye: S Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 1 S, 2005 regular City Council meeting, November 29, 2005 special City Council meeting, and the November 7, 2005 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Sara Hegle as Operations Support Specialist at the Maintenance Facility. 2. It was recommended to approve the hiring of Erick Bertelsen, Kevin Blake, Steven Bringgold, Jackie Carlson, Geoff Cleveland, Kelly Colbert, Katy Donndelinger, Nick Durnad, Michael Eilers, Peter Fooshe, Luke Garrison, Wayne Gray, Beck Hennng, Eric Hohnay, Nick Kelley, Neal Kiser, Richard LeMay, Doug Lindow, Ryan Malterud, Katie Maruish, Ryan Moy, Daniel Myers, Nick Olson, Renee Schlittler, Kati Schorn, Luke Selby, Dylan Squires, Matt Steele, Kevin Stevenson, Aaron Strey, Jeff Swenson, John Swenson, John Tatera and Kelli Wood as part-time seasonal winter recreation leaders. 3. It was recommended to approve the hiring of Meghan Chappuis and Adam Nelson aspart-time seasonal recreation program assistants. 4. It was recommended to approve the hiring of Alyssa Kane and Robert Rydberg as part-time seasonal site coordinators. S. It was recommended to approve the 2006 seasonal pay rates for Cascade Bay and the Civic Arena as presented. 6. It was recommended to approve the revised tuition reimbursement policy as presented. 7. It was recommended to approve a workers compensation claim settlement with former Police Officer Trent Johnson. C. Check Re isg ters. It was recommended to ratify the check registers dated November 17, 2005, November 24, 2005 and December 1, 2005 as presented. D. Revision to Minutes. It was recommended to approve a revision to the October 6, 2005 City Council minutes as follows: Page 6: ~P Eagan City Council Meeting Minutes December 5, 2005 Page 2 CRAFT No action was taken on the Final Planned Development for Phase I of a retail commercial development (Diffley Marketplace) consisting of a 42, 600 square foot grocery store and two 10, 000 squafe foot multi-tenant retail buildings, upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13`h Addition and Outlot A, Lexington Pointe 7`~ Addition, in the NW'/, of Section 26, pending Dakota County action on the site access issues. E. Document Imagine SSystem. It was recommended to accept a proposal from Ricoh Business Systems for the purchase, installation and ongoing support of an electronic document management system, subject to the execution of a signed agreement between the City of Eagan and Ricoh Business Systems. F. Special Assessment Deferment. It was recommended to approve an application for a senior citizen deferment of special assessments. G. Grant. It was recommended to approve an application for a grant from the Minnesota Division of Homeland Security and Emergency Management. H. Change in Management on Liauor License. It was recommended to approve a change in management on the on-sale 3.2 percent malt liquor license at Davanni's 1960 Cliff Road. I. Change in Management on Liquor License. It was recommended to approve a change in management on the off-sale 3.2 percent malt liquor license at Sam's Club, 3035 Denmark Avenue. J. Change in Management on Liquor License. It was recommended to approve a change in management on the on-sale liquor license at Granite City Food and Brewery, 3330 Pilot Knob Road. K. Change in Management on Liquor License. It was recommended to approve a change in management on the on-sale liquor license at Viva Italia, 1629 Lena Court. L. Chan eg in On-Sale 3.2 Percent Malt Liquor License for M. Cheng, Inc. dba Hong Wong, 2139 Cliff Road. M. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-OS to 7-1-06. N. Final Subdivision. It was recommended to approve a final subdivision to create one lot and one outlot (Kennealy Addition) upon 2.0 acres located at 2115 Silver Bell Road, in the SE '/4 of Section 18. O. Change Order. It was recommended to approve Change Order #2, Contract 04-10 (Coachman Water Treatment Plant -Landscaping), and authorize the Mayor and City Clerk to execute all related documents. P. Comments to City of Rosemount. It was recommended to approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for County Road 42 and US 52 Land Use Area. Q. Lease Amendments. It was recommended to approve the amendments to the current lease agreements with Verizon Wireless for the antennae facilities located on the Safari and Lexington Reservoirs and authorize the Mayor and City Clerk to execute all related documents. R. Contract 04-04. It was recommended to approve the final payment for Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55- Street and Trail Improvements) in the amount of $69,880.26 to Max Steininger, Inc., and accept the improvements for perpetual City maintenance subject to warranty provision. S. Contract 03-09. It was recommended to approve Change Order #14 and Final Pay request ($87,901) for Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. T. Release of Tax Forfeit Parcel. It was recommended to recommend to the County Board the private sale of tax forfeit property (parcel 10-02900-020-OS) subject to its combination with the adjacent parcel through the city's lot combination application process and subsequent compliance with all related zoning codes. U. Eagan Community Center Program It was recommended to authorize Eagan Community Center staff to begin offering personal training and fitness services outside the Community Center. V. Catering Options at Community Center. It was recommended to approve the flexibility of EDD staff to provide alternatives to renters to accommodate religious /ethnic requests and/or smaller sized groups. PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2006 TRUTH-IN-TAXATION HEARING City Administrator Hedges discussed the proposed budget and property tax levy, as well as the Cedarvale Special Service District budget. A PowerPoint presentation was given. Eagan City Council Meeting Minutes December 5, 2005 Page 3 ORAFr Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and fumed discussion to the Council. Councilmember Fields moved, Councihnember Maguire seconded a motion to set the 2006 General Levy and General Fund Budget considerations for the December 20, 2005 City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley moved, Councihnember Fields seconded a motion to set the 2006 Cedarvale Special Services District levy and budget consideration for the December 20, 2005 City Council meeting. Aye: 5 Nay: 0 VARIANCE EQUAL ACCESS HOMES City Administrator Hedges introduced this item regarding a request fora 15 foot variance to the front yard setback for 624 square foot building addition; a 7 foot variance to the front yard setback for a deck addition; and a 1 variance to the 20% lot coverage requirements to the existing single family home located at 4329 Livingston Drive. City Planner Ridley gave a staff report. Jill Kraus, owner of the property, explained the hardship under which she is requesting the variances. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and fumed discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a 15 foot variance to the front yard setback fora 624 square foot building addition to the existing single family home located at 4329 Livingston Drive in the NE '/< of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. 2. The exterior materials of the addition shall match those of the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The variance shall only apply to the 624 square foot addition. Councihnember Carlson moved, Councilmember Fields seconded a motion to approve a 7 foot variance to the front yard setback for a deck addition to the existing single family home located at 4329 Livingston Drive in the NE '/< of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The deck shall be no more than 30 inches in height. 3. A building permit must be obtained prior to construction. Councilmember Carlson moved, Councihnember Fields seconded a motion to approve a 1 % variance to the 20% lot coverage requirements fora 624 square foot addition to the existing single family home located at 4329 Livingston Drive in the NE '/4 of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the addition shall match those of the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The variance shall only apply to the 624 square foot addition. 6. No other additions or accessory structures shall be allowed. V Eagan City Council Meeting Minutes December 5, 2005 ,/`~~ Page 4 / PROJECT 917, COACHMAN ROAD STREET OVERLAY AND TRAIL IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Coachman Road street overlay and trail improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. One resident spoke in opposition to the proposed assessment. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councihnember Maguire seconded a motion to approve the Final Assessment Roll for Project 917 (Coachman Road -Street Overlay and Trail Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 926, SADDLEHORN /SUNSET / NORTHVIEW MEADOWS ADDITIONS STREET REVITALIZATION City Administrator Hedges introduced this item regarding the street revitalization for Saddlehorn, Sunset, Northview Meadows Additions. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and fumed discussion back to the Council. Councihnember Maguire moved, Councilmember Tilley seconded a motion to approve Project 926 (Saddlehorn / Sunset / Northview Meadows Additions -Street Revitalization) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay:O PROJECT 927, MEADOWLAND /BEAVER DAM ROAD /SUN CLIFF ADDITIONS STREET REVITALIZATION City Administrator Hedges introduced this item regarding the street revitalization for Meadowland, Beaver Dam Road, and Sun Cliff Additions. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing. One resident asked for clarification regarding the amount being assessed to the townhomes in the area. There being no further public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councihnember Maguire seconded a motion to approve Project 927 (Meadowland / Beaver Dam Road /Sun Cliff Additions -Street Revitalization) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - TMI COATINGS City Admnustrator Hedges introduced this item regarding a conditional use permit to allow a 40' x 40' metal sided accessory structure and outdoor storage of hazardous materials for property located at 3291 Terminal Drive. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes December 5, 2005 Page 5 BRA FT Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a 40' x 40' metal sided accessory structure and outdoor storage of hazardous materials for property located at 3291 Terminal Drive in the SE'/4 of Section 8, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The hazardous waste storage must comply with the Minnesota Pollution Control Agency and Dakota County Environmental Management requirements. 3. The metal sided accessory structure is limited to 1,600 square feet. CONDITIONAL USE PERMIT - ARZU'S RESTAURANT CONCEPT HEMANT BHAKTA City Administrator Hedges introduced this item regarding a conditional use permit to allow on-sale liquor in conjunction with a Class I restaurant at 1304 Town Centre Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1304 Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2°d Addition, in the NW '/4 of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. ON-SALE LIQUOR AND SUNDAY LICENSE FOR ARZU'S RESTAURANT CONCEPT, INC. • DBA GENGHI'S GRILL, 1304 TOWN CENTRE DRIVE City Administrator discussed the request for an on-sale and Sunday liquor license which is in conjunction with the previous conditional use permit approval. Councihnember Maguire moved, Councihnember Fields seconded a motion to approve the on-sale liquor and Sunday license for Arzu's Restaurant Concept, Inc. dba Genghi's Grill, 1304 Centre Drive, subject to receipt and review of all applicable documents. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - KWIK TRIP, INC. City Administrator Hedges introduced this item regarding a conditional use permit to add a 315 square foot building addition to the Kwik Trip at 3145 Dodd Road. City Planner Ridley gave a staff report. Sam Van Tassel, representing Kwik Trip, provided information regarding the proposed addition. Councihnember Maguire questioned if traffic would be affected on the site. It was noted that the current traffic flow would not be affected. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a Conditional Use Permit to add a 315 square foot building addition to the Kwik Trip at 3145 Dodd Road, legally described as Lot 1, Block 1, Kwik Trip Addition in the NW '/4 of Section 12, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The existing curb within the site shall be relocated as shown on the Site Plan dated November 7, 2005, prior to the construction of the building addition and a 20 foot wide two-way drive land maintained south of the proposed building location. 3. The building shall be constructed of the same tan/red brick with a pitched roof and asphalt shingles to match the existing store. ~D Eagan City Council Meeting Minutes December 5, 2005 Page 6 BRA FT HEARING TO CONSIDER REVOCATION OF A CONDITIONAL USE PERMIT FOR 4871 BISCAYNE AVENUE -MAGNUM TOWING KEVIN MELLON City Administrator Hedges introduced this item regarding the revocation of a conditional use permit for outside storage. This item was continued from the November 1, 2005 City Council meeting to permit review of additional information and a legal memo submitted by Mr. Mellon's attorney. City Planner Ridley reported on the history of the issue as well as the existing violations on the property. Mr. Mellon stated that he was not prepared for the hearing. City Attorney Dougherty explained options available to the Council. It was agreed that the hearing would continue as scheduled, given that Mr. Mellon had been duly notified of the hearing date. Code Enforcement Technician Mary Granley, under oath, testified to the violations on the property, using pictures of the site. Mr. Mellon again stated that he had nothing to say. Councihnember Tilley moved, Councilmember Carlson seconded a motion to close the hearing and authorize staff to prepare findings for the revocation of the Conditional Use Permit for outside storage on Lot 3, Block 1, Halley's 1s1 Addition located at 4871 Biscayne Avenue. Aye: 5 Nay: 0 It was noted that Mr. Mellon would be notified as to the date that the fmdings for revocation would be considered. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There was nothing to report under Legislative /Intergovernmental Affairs. ADMINISTRATIVE AGENDA City Administrator Hedges announced that an Executive Session will not be necessary. The City Council meeting was recessed at 8:00 p.m. to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:05 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council at 8:05 p.m. Aye: 5 Nay: 0 Date Administrative Secretary /Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo December 20, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. 2006 Compensation-- ACTION TO BE CONSIDERED: • To approve a 3% annual wage adjustment to the 2006 non union Compensation Plan for regular non-collective bargaining employees, effective the payroll period closest to January 1, 2006. • To approve a 3% adjustment to the City Administrator's and Director's car allowances. • To adjust the 2006 City Administrator compensation to the top step of Level 20, completing the implementation of the State salary cap change. • To approve an annual wage adjustment to the Parks & Recreation 2006 Seasonal Compensation Plan, between 0% and 3%. The actual pay matrix is still being developed in order to insure equity between the Civic Arena and Community Center's compensation plan. • To approve a compensation rate adjustment between 0% and 3% for temporary, seasonal, and recurring non-collective bargaining employees. • To adopt the IRS mileage reimbursement rate of 44.5 cents per mile, effective January 1, 2006, (the current 2005 rate is 48.5 cents per mile). Should the IRS adjust this amount, upward or downward, the City's reimbursement will automatically adjust to the new rate. • The City's contribution for family health insurance premiums will increase by 50% of the total dollar increase to the blended rate for 2006. ~a Agenda Information Memo December 20, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 5, 2005 and December 12, 2005 as presented. ATTACHMENTS: • Check registers dated December 5, 2005 and December 12, 2005 are enclosed without page number. ~3 Agenda Memo December 20, 2005 City Council Meeting D. AUTHORIZE staff to advertise for Request for Proposals for placement of ATM machines at Special Facilities. ACTION TO BE CONSIDERED: To authorize staff to advertise for Request for Proposals for placement of ATM machines at Cascade Bay, Civic Arena, Eagan Community Center and/or other city facilities as deemed appropriate by the City Council. FACTS: ^ The numbers of guests to the revenue facilities are moving to a higher use of debit and credit cards to pay for their purchases. t ^ .There is also an increasing demand for cash back from sales so that visitors can purchase concessions or other merchandise within the facilities. ^ Another growing demand is for wedding/meeting guests at the community center when a cash bar is available. If guests are required to leave the building to find a bank or ATM machine they are less likely to purchase products within the building. ^ Placement of ATM machines will be based on what the high volume use might be and/or which city buildings might provide the best customer service by having them. ^ The RFP will solicit companies that will place the machine(s) at no cost to the city and will potentially offer a fee per transaction back to the City of Eagan. ^ This would be designed for an experimental period of time to determine the actual use and need to expand. ATTACHMENTS: None ~~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting E. AUTHORIZE ACCEPTANCE OF THE FEMA ASSISTANCE TO FIREFIGHTERS GRANT-EXHAUST FILTRATION SYSTEM ACTION TO BE CONSIDERED: To authorize acceptance of the FEMA Assistance to Firefighters Grant--Exhaust Filtration System FACTS: • At the April 19, 2005 City Council meeting authorization was given to complete an application to the FEMA Assistance to Firefighters program for a grant to provide exhaust filtration systems for the City's diesel powered fire vehicles. • The grant would allow the City to purchase a diesel exhaust system for each of its diesel powered fire vehicles and thereby improve air quality at the 5 fire stations and at the fire administration/training facility which has 2 apparatus bays. • The total grant application was for $102,816 with 80% ($80,253) coming from FEMA and the local match of 20% ($20,563) coming from the City. • The City has been notified that its application has been approved for funding and the grant can be awarded. • The Fire Department has determined that the local match can be funded through savings from various line items in the 2006 Budget (first priority) and/or through the delay of the purchase of five (5) Survivair Panther SCBA units to the 2007 Budget (second priority) or through some combination of these two options. The final funding plan and budget impact will be determined and finalized as the year progresses. ATTACHMENTS: (None) /s Agenda Information Memo December 20, 2005 Eagan City Council Meeting F. APPROVE LEASE AGREEMENT-CITY OF EAGAN AND EAGAN CONVENTION AND VISITORS BUREAU ACTION TO BE CONSIDERED: To approve Lease Agreement-City of Eagan and Eagan Convention and Visitors Bureau FACTS: • The Eagan Convention and Visitors Bureau participated in financing the construction of the Eagan Community Center by making along-term commitment to leasing space in the facility. The actual lease payments are split between the Eagan Community Center operating budget and the Community Investment Fund to repay the cash advance used to pay the ECVB share of construction costs. • The commitment also furthered the City's desire to form community partnerships and enhance the construction and use of the facility through various revenue opportunities. • The expiring lease was entered into in early 2003 and covered the balance of 2003 and all of the calendar years 2004 and 2005. The financial terms of the expiring (12-31-2005) lease are summarized in the following table: Per Square Foot Rates Annual Year Base Utilities Total Cost 2003 $ 16.00 $ 6.00 $ 22.00 $ 24,200 2004 16.64 6.24 22.88 25,168 2005 17.31 6.49 23.80 26,175 • The expiring lease called fora 4% increase each year which is reflected in the table. • Since the facility is not designed to allow for the separate billing of utilities, the estimated utility cost has been built into the overall total lease rates. In addition to the lease the ECVB pays for the actual costs of long distance telephone charges (they use the City's telephone system) and for their own Internet service provider. Unlike most commercial leases for `~ office space, all other utility costs, common space charges, including grounds, etc., and overhead are covered by the lease and therefore quoted square foot rates that could be obtained regarding other office space would not be an apples to apples comparison. • The proposed new lease provides for an automatic renewal each year with an allowance for annual termination by either party with a 60 day notice. It is expected that the decision or desire to terminate by either party will be processed through the ECVB Board with adequate input to that process through the City Council and staff representation. The same process will be used to handle concerns about the size and utilization of the space. The lease agreement itself is limited primarily to the financial terms and minimal leasehold improvements. • Rather than be locked into a fixed percentage for each annual increase, the new lease provides that the rate will be increased by the Consumer Price Index through a well defined and timely process. • The 2006 total rate reflecting a 2.53% CPI increase is $24.40 per square foot which breaks down to $17.75 as the base lease rate and $6.65 as the rate for utilities. • The ECVB Board unanimously approved the proposed lease at its December 7, 2005 meeting and staff is recommending that the City Council take similar action. ATTACHMENTS: (1) Enclosed on pages ~~ through ~ is a copy of the ECVB cover letter and the proposed lease agreement between the City of Eagan and the Eagan Convention and Visitors Bureau. ~' 7 December 8, 2005 1501 Central Parkway Eagan,. MN 55121 ' "Phone; 651-675-5546 Fax: 651-675-5545 1-866-EAGAN-20 1-800-EAGAN-20 www.eagamm~.com ..,` Mr. Tom Garrison Communications Director City of Eagan Convention & Visitors Bureau 3830 Pilot Knob Road Eagan, MN 55122 Deaz Tom, At the December 7, 2005 meeting of the Eagan Convention and Visitors Bureau the attached lease between CVB and the City was approved unanimously by the CVB Board of Directors and I am transmitting it to you for the City's consideration. Please express our appreciation to Gene VanOverbeke, Julie Johnson and their staffs who worked so cooperatively to negotiate this document and to aid the CVB our tenant needs. As the Council calendaz develops, will you please contact me as questions or concerns arise and advise us if we CVB representatives should be present when the Council considers the lease. I :'s Thanks for all you do. S' sere y ~~/ Ri Haskett Interim Executive Director __.___ ssE mR~cn DIACVB MSAE ~1~TA~ ~. S~rMP .,... ....,. _ I~ L... ~~ LEASE AGREEMENT THIS LEASE AGREEMENT, (the "Lease") entered into as of this 7 day of 7l «rtM/;~'C, , 2005, by and between the undersigned LESSOR and LESSEE, City of Eagan, a municipal corporation (hereinafter referred to as "LESSOR") and Eagan Convention & Visitors Bureau, a Minnesota non-profit corporation (hereinafter referred to as "LESSEE"): WITNESSETH: 1. Premises. LESSOR, in consideration of the agreements herein contained, leases to LESSEE and LESSEE leases from LESSOR approximately 1,100 square feet of the upper level of the Eagan Community Center, located at 1501 Central Parkway, Eagan, Minnesota, as depicted on Ezhibit "A" which is made a part hereof (hereinafter referred to as "Demised Premises"). 2. Gross Lease: A. The parties hereto intend that this Lease shall be deemed and construed to be a so- called "gross lease," it being understood that LESSOR shall receive the rent set forth in paragraph 4 without offset or deduction (except as otherwise provided) and free and cleaz of any and all impositions, real estate taxes, liens, charges or expenses of any nature whatsoever in connection with the ownership and operation of the Demised Premises. B. LESSEE assumes full responsibility for the conditions, operation, maintenance and management of the Demised Premises and LESSOR shall have no liability in respect thereto or for damage to the property of LESSEE or on account of the condition, operation, maintenance and management of the Demised Premises. 3. Term: The term of this Lease shall be one year, commencing on January 1, 2006 and ending December 31, 2006 ("Term"). The Term shall automatically renew for successive one-year periods ("Renewal Term") unless the LESSOR or LESSEEE notifies the other party in writing at least sixty (60) days prior to the end of the Term or Renewal Term of its intent to terminate this Lease at the expiration of the Term or Renewal Term as the case may lie. 4. Rent: LESSEE shall pay to LESSOR annual rent without right to set off or to make deductions, at the rate of $24.40 per square foot per yeaz until December 31, 2006, and shall increase annually effective January 1 st of each year, by an amount equal to the increase in the Consumer Price Index ("CPI"). The CPI shall mean the "Consumer Price Index -for all Urban Consumers, All Cities, All Items (1967=100)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the second quarter of the preceding calendaz year and the denominator of which shall be the CPI for the corresponding second quarter one year eazlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent. LESSOR shall calculate any such annual increases and notify ~~ LESSEE of the increased annual rent amount when the CPI information is available. Any such increase shall be effective January 1, of each year even if LESSOR does not notify LESSEE of the increased rent amount until after January 1. The rents shall be payable in equal monthly installments on or before the first day of each consecutive month during the lease yeaz. LESSEE shall pay a one month security deposit to LESSOR which shall be retained as a damage deposit during the Term of this Lease. For the purposes of this Lease, the Term "lease year" shall mean the 12 month period commencing upon the date or anniversary of the commencement date of this Lease and each succeeding 12 month period. 5. Use: A. LESSEE may use the Demised Premises for general office purposes only. Lessee shall not commit or permit on the Demised Premises any nuisance, waste or other act against public policy or which violates any law or governmental regulation. B. Neither the LESSOR nor the LESSEE shall create or permit to accrue any liens, adverse claims or other encumbrances against the Demised Premises. C. The LESSEE shall not damage or cause waste to the Demised Premises and shall, at its expense, maintain the Demised Premises in a safe, sanitary, functional and orderly condition at all times, free of refuse and objectionable noises, odors or nuisances. 6. Operating Ezpenses: LESSEE shall be responsible for long distance phone calls that originate within the Eagan Convention and Visitors Bureau and all employees within. Chazges shall be billed to LESSEE by LESSOR on a regular basis. LESSEE shall be responsible for Internet and DSL related charges. 7. Repairs and Maintenance: LESSEE shall maintain all parts of the entire Demised Premises during the term of this Lease in good and tenantable repair, reasonable wear and tear excepted, and shall promptly make all necessary repairs, interior or exterior, ordinary as well as extraordinary, to all parts of the Demised Premises, and shall comply with all governmental regulations, laws or ordinances with respect thereto; provided, however, that LESSEE'S obligation, pursuant to this paragraph, shall not apply in the event of damage or destruction by fire or other insurable casualty. LESSEE shall allow LESSOR access to Demised Premises in cases of emergency. Upon reasonable notice to LESSEE, LESSOR shall have the right to inspect the Demised Premises during normal business hours, with regard to matters referred to in this paragraph, and for all other purposes. 8. Indemnity: LESSOR shall not be liable for any damage, loss and expense sustained by LESSEE, its agents, servants, employees, guests, assigns, subtenants, visitors, licensees or any other person or persons, films or corporations, due to the Demised Premises, or any portion thereof, being or becoming out of repair or defective or due to the happening of any accident or any act or neglect of LESSEE or other person, persons, firms or corporations. LESSEE shall indemnify and forever hold harniless LESSOR from any liability, damage, loss or expense relating to said matters (including reasonable attorneys' fees) and, at 2 a~ LESSEE'S expense, shall defend LESSOR against each and every claim, demand or cause of action, that may be made against LESSOR by reason of such defects, accidents or acts of negligence, and also against each and every claim, demand or cause of action which may be made or instituted against the Demised Premises or the property on which the Demised Premises is located or LESSOR, as owner of said Demised Premises under the laws or ordinances of any governmental agency, on account of any such defects, accidents or acts of negligence. 9. Insurance: The LESSEE shall maintain fire and extended coverage insurance with a carrier acceptable to the LESSOR, which insures the improvements located on the Demised Premises, and all trade fixtures and personal property located therein, in an amount at least equal to their reasonable replacement cost. Said policy shall name the LESSEE, LESSOR and LESSOR'S Mortgagee as their interest appears. The LESSEE shall also maintain general public liability insurance with a carrier acceptable to the LESSOR, insuring the parties against claims for personal injuries, wrongful death and property damage for not less than $1,000,000.00 for injuries to a single person, for not less than $500,000.00 for any one accident and for not less than $500,000.00 for property damage. Upon request, duplicate originals or certificates of all insurance policies shall be delivered to the LESSOR. 10. DamaEe to Demised Premises: A. If, during the term of this Lease, the Demised Premises are totally or partially destroyed by fire or other casualty, so as to render the Demised Premises wholly unfit for occupancy or make it impossible to conduct the business of LESSEE thereon, and if it reasonably appears that the Demised Premises cannot be repaired and restored within one hundred twenty (120) days from the date of the damage, then either LESSEE or LESSOR shall have the right to terminate this Lease from the date of such damage or destruction, by giving the other party written notice. Upon the giving of such notice, LESSEE shall immediately surrender the Demised Premises and all interest therein, including rights to insurance proceeds as provided in Paragraph 10 hereof, to LESSOR, and in case of any such termination, LESSOR may re-enter and repossess the Demised Premises discharged ofthis Lease and may dispossess all parties then in possession thereof. If the Demised Premises cannot be repaired and restored in one hundred twenty (120) days from the date of such damage and neither LESSEE nor LESSOR elect to terminate the Lease, then, and upon the commencement of the repair or restoration, the Lease may not be terminated but rent may be abated according to the nature and extent of the damage. Full rent shall commence on the date that the repair and restoration is completed. If it reasonably appears that the Demised Premises may be repaired and restored within one hundred twenty (120) days from the date of damage or destruction, then LESSOR, at its own sole cost and expense, shall repair and restore the Demised Premises with all reasonable speed; provided, however, that in no event shall LESSOR be required to repair and restore the Demised Premises at a cost greater than the net proceeds of moneys received from an insurance policy or insurance policies covering such loss or damages, nor shall LESSOR be required to commence repair and restoration until such fact is determined. During the period of repair, a just portion of the rent reserved under Paragraph 4 hereof, but not LESSEE's obligation to make payments or performance under any other paragraphs of this Lease, shall be abated according to the nature and extent of damages and LESSEE's ability to occupy a portion of the Demised Premises. FuII rent shall recommence on the date that repairs are completed. ~l B. If the damage or destruction does not render the Demised Premises unfit for occupancy, then LESSOR shall repair and restore the Demised Premises as soon as practicable and, in that case, LESSEE shall pay full rent during the repair period. All repairs resulting from such fire or other casualty shall be paid by LESSOR out of any insurance proceeds received, but if insurance proceeds are insufficient to repair or restore the Demised Premises to their previous condition, LESSEE shall pay any additional amounts required to make such repairs and restoration. C. In any event, all improvements, betterment, fixtures or equipment placed by LESSEE on the Demised Premises, for which insurance is not provided on behalf of LESSOR by LESSEE, shall be repaired by LESSEE at its own expense and not at the expense of LESSOR. 11. Default• A. The occurrence of any of the following shall be considered a default under this Agreement: i. If LESSEE does or shall neglect or fail to keep, observe and perform any of the covenants and agreements contained in this Lease, which on its part aze to be performed. ii. If LESSEE's leasehold interest shall be taken on execution or other process of law. iii. If the LESSEE shall be declared bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of creditors, or if a receiver shall be appointed to take charge of LESSEE'S property. iv. If LESSEE shall abandon the Demised Premises during the term of this Lease without continuing to perform its obligations. B. In any of such aforementioned cases, LESSOR may, at LESSOR's option, declare this Lease forfeited and void in accordance with applicable law and re-enter the Demised Premises. 12. Quiet Enioyment. Subject to LESSEE's performance of all of its obligations under this Lease, LESSEE shall have the peaceful and quiet use of the Demised Premises for the purpose set forth in Paragraph 5 without hindrance on the part of LESSOR, and LESSOR shall warrant and defend LESSEE in such peaceful and quiet use against any lawful claims of all persons claiming by, through or under LESSOR. 13. Assignment: LESSEE shall not assign or sublet the Demised Premises, or any part thereof, without the written consent of LESSOR and, irrespective of such subletting or assignment, LESSEE shall nevertheless remain primarily liable for the performance of all of the terms of this Lease. 14. Access: LESSEE agrees to permit LESSOR, or its agents, to enter the Demised Premises at all reasonable times to inspect the Demised Premises or for the purpose of showing them to prospective purchasers 4 ~a 15. Signs: LESSEE shall receive building standard suite identification and building directory identification. LESSEE shall not install any other signs on the property, in the building or on the Demised Premises without LESSOR'S prior written consent. 16. Notices: All notices, consents, demands and requests which maybe or are required to be given by either party to the other shall be in writing and sent by United States Registered or Certified Mail, return receipt requested, addressed as follows: 17. Tenant l[marovements: LESSEE shall not be permitted to make any improvements to the Demised Premises without LESSOR'S prior written consent. Any improvements made to the Demised Premises without LESSOR's prior written consent shall be deemed a default pursuant to the terms of this Lease and LESSOR shall have available to it all remedies allowed pursuant to this Lease and at law or in equity. In the event that LESSOR grants LESSEE permission to make improvements to the Demised Premises, all such improvements shall be made in a good and workmanlike manner and shall be of a quality equal to or better than that of the materials already contained within the Demised Premises. LESSOR shall have the right to approve or disapprove of any plans, materials, andlor contractors relating to any of the improvements to be made within the Demised Premises. LESSEE shall indemnify and hold LESSOR and the Property harmless from any and all mechanic's liens, expenses, costs, liabilities, claims, law suits, including but not limited to reasonable attorneys' fees arising out of or relating to any improvements to be made by LESSEE on the Demised Premises. At the expiration of the Term of this Lease, LESSOR, at LESSOR'S sole discretion, may require that LESSEE surrender the Demised Premises with any or all of the improvements made by LESSEE thereon. Alternatively, LESSOR may require that LESSEE remove any or all of the tenant improvements made by LESSEE and to restore the Demised Premises to the condition that existed prior to LESSEE'S occupancy of the Demised Premises, ordinary weaz and teaz excepted. LESSEE shall be responsible for all costs of restoring the Demised Premises to such condition and in the event LESSEE does not so restore the Demised Prenuses, LESSEE shall be liable to LESSOR for all costs incurred by LESSOR in removing any tenant improvements or making any repairs to the Demised Premises to said condition required herein. TO LESSOR: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attention: Thomas A. Hedges, City Administrator TO LESSEE: Eagan Convention & Visitors Bureau 1501 Central Parkway, Room Eagan, MN 55121 Attention: ,Executive Director 17. Tenant Improvements: Intentionally Deleted. 18. Parking: There shall be no designated parking area. 5 o~ 19. Construction of Lease: If any provisions of this Lease shall, by appropriate Court Order, be held invalid or in contravention of the laws or ordinances of any applicable governmental authority, such invalidation shall not serve to affect the remaining portion of this Lease. Interpretation and enforcement of this Lease shall be governed by the laws of the State of Minnesota. 20. Headings: Headings of titles of the paragraphs aze inserted solely for the convenience of reference and shall not constitute a part of this Lease, nor shall they affect its meaning, construction or effect. 21. Successors and Assigns: `This Lease shall bind LESSOR and LESSEE and their successors, assigns, heirs, administrators or other legal representatives, asthe case may be. 22. Governing Law: This Agreement shall be construed under and governed by the laws of the State of Minnesota. 23. Brokers: LESSEE warrants that it has had no dealings with any broker or agent in connection with the negotiation or execution of this Agreement and each agrees to indemnify and hold the LESSOR harmless from and against any and all costs, expense or liability for commissions or other compensation and chazges claimed by any broker or agent by reason of services alleged to have been rendered to at the instance of, or agreed to by it in connection with this Agreement. 24. Estopuel Certificate: Within ten (10) days after request therefor by LESSOR, or in the event that upon any sale, assignment or hypothecation of the Demised Premises or the land or building of which they are a part by LESSOR, an estoppel certificate shall be required from LESSEE, LESSEE agrees hereby to deliver in recordable form a Certificate to any proposed mortgagee or purchaser or to LESSOR certifying (if such be the case) that this Agreement is in full force and effect and that there aze no defenses or offsets thereto, or stating those claimed by LESSEE. 25. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 26. Attornment: In the event any proceedings aze brought for the foreclosure of the Demises Premises, or in the event of exercise of the power of sale under any Mortgage made by LESSOR covering the Demised Premises, LESSEE shall attorn to the purchaser upon any such foreclosure of sale and recognize such purchaser as LESSOR under this Lease. 27. Sale by LESSOR: The LESSOR shall be entitled to sell and/or assign its interest in the Demised Premises during the Lease term. In the event that LESSOR sells or assigns its interest in the Demised Premises, then, and in that event, the LESSOR shall be released from any and all future liability under the terms of the Lease. 28. Lease Term: The phrase "lease term" as used herein shall include any extensions or renewals of the original lease term. 29. Subrogation: As long as their respective insurers so permit, LESSOR and LESSEE hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, 6 ~~ extended overage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LESSOR: City of Eagan, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk LESSEE: 7 ohs Eagan Convention & Visitors Bureau STATE OF MINNESOTA ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a Notary Public, on the day of 2003, by Pat Geagan and Maria Karels, the Mayor and Deputy Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public STATE OF NIINNESOTA ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a Notary Public, on the day of 2003, by ,the of Eagan Convention & Visitors Bureau, a Minnesota non-profit corporation, on behalf of the non-profit corporation. Notary Public THIS INSTRiJMENT DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 (SAL 206-19940) 8 acs H [ e,: ~il~ ,. ®~ ®b ~ ~~~~ `~f Agenda Information Memo December 20, 2005 Eagan City Council Meeting G. APPROVE AGREEMENT WITH EAGAN CONVENTION AND VISITORS BUREAU ACTION TO BE CONSIDERED: Approve new operating agreement with Eagan Convention and Visitors Bureau. FACTS: • In April of 2002, the City of Eagan established an operating agreement with the Eagan Convention and Visitors Bureau that expires December 31, 2005. • As provided for in the agreement both parties engaged in a comprehensive review of the previous agreement and have drafted a new agreement to successfully carry forward the partnership in future years. • A major improvement in the new agreement is the inclusion of specific measurable goals (as outlined on page 2 of the document) and the provision that before the agreement is reviewed again in 2009 an economic impact study will be conducted to gauge the ECVB's effectiveness. • The agreement continues the City's oversight role, maintains ECVB marketing support for events in the city to attract visitors, and it makes clear that the ECVB is an independent contractor with staff that are not employees of the city. • The Eagan Convention and Visitors Bureau Board approved the agreement on December 7, 2005 and the agreement is now before the Eagan City Council for approval. ATTACHMENTS: Enclosed on pages ~ through ~ is the proposed operating agreement with the ECVB. 01 IS December 8, 2005 Mr. Tom Garrison Communications Director City of Eagan Convention & Visitors Bureau 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom. At the December 7, 2005 meeting of the Eagan Convention and Visitors Bureau the attached agreement between CVB and the City was approved unanimously by the CVB Board of Directors and I am transmitting it to you for the City's consideration. In discussions both during and following the meeting, I heard repeated comments regarding your and the City's spirit of openness and cooperation which surrounded these negotiations. To those expressions I add my own personal note of appreciation. As the Council calendar develops, will you please contact me as questions or concerns arise and advise us if we CVB representatives should be present when the Council considers the Agreement. Thanks for all you do. S' relyi 'c / askett Interim Executive Director SEE MERICN ~IA,CVB _MSaE_ ~~N'fA_ (jSCMP s....N...a FitiTiPiifiSFRitiRi aq AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 31st day of December, 2005 by and between the CITY OF EAGAN, Minnesota, a Municipal Corporation, 3830 Pilot Knob Road, Eagan, Minnesota 55122 ("City"), and the EAGAN CONVENTION AND VISITORS BUREAU, a Minnesota nonprofit corporation, 1501 Central Parkway, Eagan, Minnesota 55121 ("Bureau"). RECITALS WHEREAS, the hospitality industry forms a major component of the City's business and tax base; and WHEREAS, a healthy and vital hospitality industry is important to the overall well-being of the City and its residents and businesses; and WHEREAS, the City deems it in the public interest to support the hospitality industry by promoting the City as tourist, conference, meeting and visitors destination; and WHEREAS, the Bureau is organized for the purpose of performing such promotion and WHEREAS in accordance with Minnesota Statutes 2004 469.190 and as may be amended from time to time the City has imposed by ordinance (number 168 Second Series) a local lodging tax to fund a tourism and convention bureau; and WHEREAS, the Bureau has the staff, facilities and experience to carry out their objectives; NOW THEREFORE, BASED ON THE FOREGOING, THE PARTIES AGREE AS FOLLOWS: 1. TERM OF AGREEMENT; TERMINATION. 1.1 The term of this agreement begins January 1, 2006. 1.2 The parties may terminate this agreement only as follows: a) At the end of any calendar year provided the terminating party provides at least four months notice to the other party. b) If the local lodging tax is eliminated, then the City may terminate this Agreement immediately by delivering written notice of termination to the Bureau. For purposes under this Section 1.2(c), termination shall be effective upon delivery of the notice. 1.3 Upon termination, all funds allocated to or held by the Bureau, which remain in accounts for the purpose of funding Bureau operations shall be remitted to the City, less such amounts as are necessary to cover obligations and expenses incurred by the Bureau prior to receiving notice of termination to carry out obligations of this Agreement in accordance with the budget approved by the City. 1.4 Beginning in 2009 and at least every fourth year thereafter, the City and Bureau will conduct a joint and complete review of this Agreement using information developed in the economic impact study identified in Section 2.1e) and 2.3. 2 SCOPE OF SERVICES 2.1 The Bureau will provide marketing support for events within the city which promote the city as a destination for visitors and will provide sales and marketing services to attain the following goals: a) Goal 1 is overall increased lodging sales within the city. Progress toward this goal will be indicated by the amount of lodging tax received by the City. b) Goal 2 is increased lodging sales during times of lower occupancy. Progress toward this goal will be indicated by measurements such as lodging room Bureau acquired occupancy rates, average daily room rates and revenue per available room. c) Goal 3 is to increase the number of meetings and conventions hosted at lodging properties and other venues within the City. Progress toward this goal will be indicated by Bureau collected booking information voluntarily provided by the venues. d) Goal 4 is to benefit the City's restaurants, attractions, events and venues. Progress toward this goal will be indicated by industry participation in cooperative promotions and projects. e) Goal 5 is positive economic impact within the City. Progress toward this goal will be indicated by periodic economic impact studies conducted by an outside agency or organization at the Bureau's expense and preferably with sufficient information to provide comparisons with similar bureaus. 2 ~~ 2.2 During the first year of this agreement the Bureau and the City Liaison will develop specific measurement indicators to assess progress toward these goals and to determine methods for collecting and reporting performance data. Such data will include measures of website activities and media relations. Thereafter the measurements will be integrated into the Bureau's annual work plan and reported in quarterly and annual reports provided to the City by the Bureau. 2.3 Measurement of economic impact will be performed during 2008 and each fourth year thereafter. 2.4 During the years 2006 and 2007 the Bureau will study and implement methods that use available technologies and services to provide improved customer service and to collect, manage and report performance information. 3. ORGANIZATIONAL GOALS MARKETING PLAN AND BUDGET. 3.1 The Bureau shall prepare its work plan and budget in consultation with the City Liaison 3.2 No later than September 30 of each year, the Bureau shall submit a report on its current year progress toward goals, its work plan and line item operating budget for the next year to the City Council for its review and approval. The budget shall detail with reasonable specificity its marketing emphasis, and the foreseeable uses for which funds shall be spent to provide the services described in Section 2. 3.3 The scope and content of the Bureau's advertising, promotional data, information brochures, and media material shall be reviewed by the City's Liaison prior to printing, publication and distribution. 3.4 In performing the obligations under this Agreement, employees of the Bureau or any other persons engaged in the performance of any service required by the Bureau shall act as independent entities and not as agents, representatives or employees of the City. No employee of the Bureau shall be eligible for any benefits, rights or privileges accorded to City employees. 3.5 The Bureau shall provide such other information and reports as requested by the City. 4. COLLECTION AND DISTRIBUTION OF THE LODGING TAX. 4.1 The rate of tax imposed upon lodging shall be determined by the City in its sole discretion. 3 3a 4.2 The City shall bear sole responsibility for collection of the lodging tax. 4.3 The City shall distribute to the Bureau such lodging tax funds as set forth in the budget approved by the City, however, such distribution shall be in all cases limited to the amount of lodging tax funds received by the City. Distribution shall be accomplished on a timely basis, ordinarily monthly, after actual receipt of payments. At the time of each monthly distribution, and to the extent allowed by law, the City shall notify the Bureau of all delinquencies in lodging tax collections. 5. FISCAL 5.1 The Bureau shall maintain its accounting records in accordance with generally accepted accounting principles, practices and procedures. Invoices, contracts, vouchers and other documentation evidencing the nature and propriety of the charges and costs paid shall support all expenditures 5.2 The Bureau shall maintain all financial records, including supporting documentation, for a period not less than seven (7) years. 5.3 The Bureau shall, at any time during normal business hours and as often as the City Administrator or his or her delegate may deem necessary, make its records with respect to all things covered by this Agreement available to the City representatives and shall permit representatives to examine, copy or audit its records, or make excerpts or transcripts from such records. 5.4 The Bureau shall provide to the City a copy of the Bureau's monthly financial statement. 5.5 The Bureau shall not spend nor otherwise obligate itself financially in excess of the budget approved by the City. 5.6 No later than 120 days after the fiscal year end, the Bureau shall submit to the City an audited financial report of the Bureau for the fiscal year just ended, prepared by an independent certified public accountant. 5.7 The Bureau shall obtain fdelity bonds in the amount of $50,000.00 covering officers and employees of the Bureau who handle or disburse monies or sign or countersign checks of the Bureau. 5.8 No employee of the Bureau shall be paid a bonus, wages or commissions based on an incentive plan ~in connection with the services rendered under this Agreement. No employee of the Bureau shall accept any gift for services rendered under this Agreement except as provided in a Board approved policy. 4 6. HOLD HARMLESS AND INDEMNIFICATION, INSURANCE 6.1 The Bureau shall, for all purposes including for purposes of this Agreement, be deemed to be an independent contractor, and not an employee of the City. Any and all employees of the Bureau, and all other persons, while engaged in the performance of any service for or on behalf of the Bureau, shall be employees or agents of the Bureau and shall not be considered employees of the City and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the Bureau, its agents, or employees or other persons while so engaged in any of the services provided to be rendered herein, shall in no way be the obligation or responsibility of the City. In connection therewith, the Bureau hereby agrees to indemnify, save and hold harmless, and defend the City and any of its agents and employees thereof from any and all claims, demands, or causes of action, of whatsoever nature or character arising out of or by reason of the execution of the performance of the services provided for herein by the Bureau, its employees or agents. 6.2 The Bureau shall carry insurance to cover its employees and agents while performing services pursuant to this Agreement. Such insurance coverage shall include comprehensive Directors and Officers, general liability, and property damage. Before commencing to provide services hereunder, the Bureau shall purchase Workers' Compensation insurance covering Bureau employees, pursuant to Minnesota Statutes, Section 176.181, Subdivision 2, as the same may be amended from time to time. 7. STRUCTURE OF ORGANIZATION 7.1 The Bureau shall maintain its non-profit tax status in compliance with state and federal law. 7.2 The Bureau will operate under the organization and procedures specified in its Articles of Incorporation and Bylaws as may be amended from time to time and filed with the Minnesota Secretary of State. The Bureau will solicit the City's input before amending its Articles of Incorporation and Bylaws 7.3 No employee of the Bureau shall serve on the Board of Directors of the Bureau except that the Executive Director may serve as anon-voting Secretary to the Board and its Executive Committee. 7.4 No member of the City Council or any employee of the City shall have any interest in any contract made by the Bureau in performing its services. 5 3y- 8 ASSIGNMENT. The Bureau shall not assign this Agreement without the prior written approval of the City. 9 NOTICE. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mailed ,return receipt requested, to the other party, or to any successors or assigns of the City or the Bureau, at the addresses identified above, or any future assigns of the City or the Bureau, at the addresses identified above, or any future addresses of the City or the Bureau, if the City or the Bureau gives the other party notice of such change of address as provided pursuant to the provisions for notice herein. 10 RECITALS. The recitals set forth above the terms and definitions therein are hereby made a part hereof as though they were set forth in the body hereof. 11 NO ORAL MODIFICATION. This Agreement may not be changed orally. 12 GOVERNING LAW. The substantive laws of the State of Minnesota shall govern this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF EAGAN By Pat Geagan Its: Mayor And Maria Peterson Its: City Clerk EA A CONVENTION AN ISITOR UREAI By ason M rcord t : it and Breedlove Its: Vice Chair 6 Agenda Information Memo December 20, 2005 Eagan City Council Meeting H. Approve Proposed 2006 Public Utilities Enterprise Fund Budget (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality). ACTION TO BE CONSIDERED: Approve the proposed 2006 budgets for the Public Utilities Enterprise Fund: (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality). FACTS: • The City Council has previously reviewed these budgets in October; no changes have been made since then. • User fees support these budgets. ATTACHMENTS: • Enclosed on page ~ is the Public Utilities Fund revenues and expenses summary. ~-P Public Utilities Fund 2006 Budget Revenue and Expense Summary Sanitary Street Storm Water Water Sewer Lighting Drainage duality TOTALS Revenues: Service charges $3,825,200 $ 4,643,300 $ 419,000 $ 309,900 $ 723,100 $ 9,920,500 Connection permits 10,000 9,000 - - - 19,000 Meter sales 50,000 - - - - 50,000 Other 7,000 - - - 55,000 62,000 Total revenues 3,892,200 4,652,300 419,000 309,900 778,100 10,051,500 Operating expenses: Personal services Supplies, repairs, maint. Other services 8~ charges Merchandise for resale Capital outlay MCES disposal charges Total operating exp Net income before depreciation & debt svc Depreciation Debt service (prin + int) Net income (loss) 912,600 443,800 197,600 86,800 1,430,900 556,600 53,000 - 66,100 29,900 - 3,403,300 2,660,200 4,520,400 1,232,000 131,900 (1,285,000> (600,000) (882,100) - (935,100) (468,100) (9,800) 160,800 (32,000) (950,000) (41,800) (789,200) 302,000 1,691,400 29,300 325,400 179,400 2,699,100 - 53,000 55,000 152,000 - 3,403,300 565,700 8,324,200 212,400 1,727,300 (45,000) (2,912,000) - (882,100) 167,400 (2,066,800) Other non-departmental revenues: Interest income 1,130,700 Connection charges 500,000 Antenna lease revenue 209,000 Other 20,200 Total -non-dept revenue 1,859,900 - 33,000 - 11,700 428,800 103,400 - 1,000 428,800 149,100 Net revenues in excess of (less than) expenses $ 206,900 ~~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting I. Approve 2006 Special Revenue Funds Budgets, including the Enhanced 9-1-1 Fund, Housing Fund, DUI Forfeiture Fund, Economic Recovery Grant Fund, and Cable TV Franchise Fees Fund ACTION TO BE CONSIDERED: Approve the 2006 budgets for the following Special Revenue Funds: Enhanced 9-1-1 Fund Housing Fund DUI Forfeiture Fund Economic Recovery Grant Fund Cable TV Franchise Fees Fund FACTS: For financial reporting purposes, it is required that the City Council adopt each of these budgets. The purpose of each fund, the revenue sources, and the expenditure categories aze listed on each budget page. There aze no tax levies related to these funds. ATTACHMENTS: • Enhanced 9-1-1 Fund budget on page ~ . • Housing Fund budget on page ~ . • DUI Forfeiture Fund budget on page ~ . • Economic Recovery Grant Fund budget on page 4' • Cable TV Franchise Fees Fund budget on page ~~ 112 Enhanced 9-1-1 Fund This fund accounts for State and County grant funds received to support the emergency 9-1-1 and reverse 9-1-1 systems. The fund was established in 2003 with a $124,561 transfer from the General Fund, which represented the balance in the General Fund of unexpended Enhanced 9-1-1 revenues since inception of State and County funding. 2003 2004 2005 2006 Actual Actual Budget Budget Fund Balance, Beginning of Year $0 $144,761 $146,737 $157,337 Revenues: Intergovemmentat State Grants 47,134 58,315 55,000 65,000 Other Refunds-Flint Hills 0 22,800 0 12,200 Interest on Investments 1,801 3,002 1,200 2,000 48,935 84,117 56,200 79,200 Other Financing Sources: Transfers In 124,561 - - - 124,561 0 0 0 Total Revenues and Other Financing Sources 173,496 84,117 56,200 79,200 Expenditures: Professional Services - 561 600 700 System Repairs - 380 - - 9-1-1 Telephone Charges 28,735 22,336 25,000 30,000 Reverse 9-1-1 Charges - 19,659 20,000 31,000 Capital Equipment - 39,205 - - Total Expenditures 28,735 82,141 45,600 61,700 Fund Balance, End of Year $144,761 $146,737 $157,337 $174,837 I 113 Housin4 Fund The purpose of this fund is to finance future housing-related developments within the City. The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name to finance multi-family housing developments. The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997. A note issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds, which were to be repaid per the original agreement, was accounted for in this fund. At the end of 1998, the City sold its interest in the note to a third party for $1,200,000. Closing on the transaction was completed in early 1999. As a component of the transaction, the proceeds of the closing were loaned to the Aquatic Facility construction fund and will be repaid over 20 years with the final payment in October of 2018. 2003 2004 2005 2006 Actual Actual Budget Budget Funds Available, Beginning of Year $ 1,714,336 $ 1,895,623 $ 2,091,696 $ 2,267,089 Revenues: Housing Bond Fees Interest on Investments Total Revenues Other Financing Sources: Interest on Loan Principal on loan Total Other Financing Sources Total Revenues and Other Financing Sources Expenditures: Monitoring Fee Total Expenditures Funds Available, End of Year 70,125 18,224 88,349 51,988 45,000 96,988 90,420 15,490 105,910 81,100 81,100 48,293 50,000 98,293 179,393 78,415 78,415 49,913 45,000 94,913 185,337 200,823 45,843 50,000 95,843 174,258 4,050 4,750 4,000 4,300 4,050 4,750 4,000 4,300 $ 1,895,623 $ 2,091,696 $ 2,267,089 $ 2,437,047 ~~ 125 DUI Forfeiture Fund This fund was created in 2006 to account for money received from the court system related to DUI forfeitures and is restricted to police operations. 2006 Budget Fund Balance, Beginning of Year $ - Revenues: DUI Forfeitures 15,000 Interest on Investments - 15,000 Other Financing Sources: Transfers In 65,300 65,300 Total Revenues 80,300 Expenditures: Conference & Training - DRE 4,200 Mobile Equipment: DWI Car 23,000 Computer - MDC for Car 5,000 Lighting -Car 5,000 Radio -Car 1,000 In-car Camera/Radar 3,000 Lasers -Car 8,000 Total Financing Uses 49,200 Fund Balance, End of Year $ 31,100 41 118 Economic Recovery Grant Fund This fund opened in 1995 with a grant from the State to establish a revolving loan fund for local businesses for the purpose of economic development. Loan recipients must meet certain requirements as set forth by the State for this program. A ten-year $250,000 loan was made with State funds to an Eagan business in 1995 to initiate the program. The loan was paid in full in 1996. Under the terms of the agreement with the State, $100,000 in principal plus interest collected to the point of payoff, will remain in the fund for loans to other qualifying businesses. The balance of the principal was returned to the State. Available to loan out, Beginning of year Cash Inflows: Loan repayment-principal Loan repayment-interest Interest on Investments Cash Outflows: Professional Services-Auditing Available to loan out, End of year 2003 2004 2005 2006 Actual Actual Budget Budget $183,075 $190,349 $192,924 $198,624 906 - - - 4 - - - 6,364 3,075 5,700 5,800 7,274 3,075 5,700 5,800 _ 500 - - 0 500 0 0 $190,349 $192,924 $198,624 $204,424 `~"~ 196 Cable TV Franchise Fee Fund This fund was established to account for franchise fees paid to the City from the local cable franchisee. The money is restricted for communications and cable television related activities, primarily the Communications Dept budget and the City's share of the funding of the Burnsville/Eagan Telecommunications Commission (BETC) and Bumsville/Eagan Community Television (BECT). 2003 2004 2005 2006 Actual Actual Budget Budget Fund Balance, Beginning of Year $1,926,494 $1,878,410 $2,012,403 $1,968,703 Revenues: Cable TV Franchise Fees 513,614 546,099 540,000 550,000 Interest on Investments 47,027 34,947 56,400 59,000 Total Revenues 560,641 581,046 596,400 609,000 Expenditures: BETC Funding 68,108 28,500 34,025 34,025 SECT Funding 133,284 75,000 69,475 69,475 Franchise Fee adjustment - in '04 for'02 - (95,195) - - Equipment purchases 18,716 - 18,900 46,529 Professional Services-Auditing - 500 - 500 Technology Task Force-Fiber Business Plan - 49,631 - 49,500 220,108 58,436 122,400 200,029 Other Financing Uses: Transfer to General Fd -Communications 388,617 388,617 437,700 394,500 Transfer to General Fd - IT (Fiber) - - 80,000 - Total Expenditures and Other Financing Uses 608,725 447,053 640,100 594,529 Fund Balance, End of Year $1,878,410 $2,012,403 $1,968,703 $1,983,174 ~3 Agenda Information Memo December 20, 2005 J. APPROVE 2006 BUDGETS FOR BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION AND BURNSVILLE/EAGAN COMMUNITY TELEVISION ACTION TO BE CONSIDERED: To approve the 2006 Burnsville/Eagan Community Television Budget and the 2006 Burnsville/Eagan Telecommunications Budget. FACTS: - The proposed 2006 BECT operations budget and the BETC Commission budget have been reviewed by Communications Director Garrison and Chief Financial Officer Pepper, and by their counterparts in the City of Burnsville, and are ready for adoption. - The Burnsville City Council took action at its December 19, 2005 meeting. - The budgets maintain equal contributions by both cities at the 2005 levels ($103,500 each.) - PEG Access Fees and other revenues make up the rest of the funding which maintains the priorities of the 5-year plan. - Sponsorship revenue fell short of expectations in the first year of the program, but plans are underway to increase additional revenue and more realistically prof ect additional revenue in the future. - After successfully acquiring a new production van to replace the previous 20-year old van, the 2006 budget continues to fund capital improvements at BECT. - The 2006 work plan includes further equipment installation in the new mobile studio, equipment replacement, lease negotiations, increased sponsorship development, and expansion of the volunteer base. ATTACHMENT: • 2006 BECT and BETC budget summary document on page. Burnsville/Eagan Community TV and Commission 2006 Budget REVENUES/SOURCES: Member Contributions: Operations City of Eagan City of Burnsville Total Member Contributions FEES: PEG Access Fees Contributions Total Fees Other Revenues: Total Revenues /Sources EXPENDITURES I USES: Total Personnel Services Total Office Supplies Total Professional Services Total Other Services and Charges Total Current Expenditures Total Capital Outlay Total Expenditures /Uses Increase (Decrease) in Fund Balance Beginning Fund Balance Increase (Decrease) in FB Use of Reserves Ending Fund Balance 2005 Budget 2005 Estimated Actual 2006 Budget $ 103,500 103,500 $ 103,500 103,5D0 $ 103,500 103,500 $ 207,000 640,000 $ 207,000 647,983 $ 207,000 664,000 50,500 15,7D0 31,600 $ 897,500 $ 870,683 $ 902,600 475,293 443,860 495,182 3,500 3,852 8,000 - 241,450 263,535 252,250 299,150 316,762 299,350 - 265,000 - 172,700 136,235 $ 1,039,443 $ 933,322 $ 930,767 (141,943) 390,570 (141,943) 0 (62,639) 390,570 (62,639) 0 (28,167) 327,931 (28,167) 0 248,627 327,931 299,764 ~~ Agenda Information Memo December 20, 2005 K. APPROVE CHANGE IN BUSINESS STRUCTURE (OWNERSHIP) OF OFF-SALE LIQUOR LICENSE FROM PHUONG NGUYEN AND LA TRUONG, DBA T.L. LIQUORS (PARTNERSHIP) TO INTERNATIONAL BUSINESS ENTERPRISES, INC., DBA T.L. LIQUORS (CORPORATION) ACTION TO BE CONSIDERED: To approve a change in business structure (ownership) of off-sale liquor license from Phuong Nguyen and La Truong, dba T.L. Liquors (Partnership) to International Business Enterprises, Inc., dba T.L. Liquors. (.Corporation). FACTS: - The applicants, Phuong Nguyen and La Truong, are requesting to change their business structure from a partnership to a corporation. The new licensee name will be International Business Enterprises, Inc. - The applicant has completed the appropriate documents and following staff s review they have been deemed in order for approval. ATTACHMENTS (0) `f Agenda Information Memo December 20, 2005 L. APPROVE ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWAL FOR M. CHENG, INC. DBA HONG WONG, 2139 CLIFF ROAD ACTION TO BE CONSIDERED: To approve the on-sale 3.2 percent malt liquor license renewal for M. Cheng, Inc. dba Hong Wong, 2139 Cliff Road. FACTS: - At the November 15, 2005 City Council meeting, liquor license renewals were approved for all liquor establishments. - The Hong Wong restaurant was in the process of changing owners. At the December 5, 2005 City Council meeting, the new 3.2 percent malt liquor license was approved for M. Cheng, Inc. dba Hong Wong. - At this time, the renewal license for 2006 for this establishment is being processed. - This renewal is in the process of completion and should be approved subject to review and recommendation by the Eagan Police Department and submittal of required documents. ATTACHMENTS (0) ~7 Agenda Information Memo December 20, 2005 Eagan City Council Meeting M. APPROVE A TELECOMMUNICATIONS LEASE WITH VOICESTREAM INC., FOR THE PLACEMENT OF EQUIPMENT ON CITY PROPERTY ACTION TO BE CONSIDERED: To approve a telecommunications lease with Voicestream Inc., to allow for the placement of ground equipment on City property under a tower on the Highline Trail and authorize the signature of the Mayor and Clerk on said lease FACTS: • The property is located under an existing power pole on the Highline Trail addressed as 1689 Highline Trail, Line #0976, Pole # 147 • The installation of ground based equipment under the pole will have no impact on the recreational use of the trail nor impact natural resources • The City staff shall have review authority over the final site plan • The form and content of the lease have been approved by the City Attorney and are consistent with other comparable City leases. • The fees and rent are consistent with the previously adopted City fee schedule. • The Advisory Park and Recreation Commission reviewed the request at their meeting of September 19th and voted to recommend approval ATTACHMENTS: (2) • 2 location/site maps are attached on page ~ through a Y & ~- R (g~ 'J ~^^~^ ~~ ~~ E! 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APPROVE the Settlement Agreement for Cascade Bay restoration and repairs and authorize the Mayor and City Clerk to execute all documents. ACTION TO BE CONSIDERED: To approve the settlement agreement for Cascade Bay restoration and repairs and authorize the Mayor and City Clerk to execute all documents. FACTS: ^ In September 2004 the City Council was made aware of certain deficiencies in the original construction of Cascade Bay and authorized the city attorney to seek arbitration under the terms of the construction contracts. ^ The majority of the repair and restoration of Cascade Bay was completed ir} June. ^ The attorneys and representatives of all affected parties have met and subsequently agreed to a mediated settlement. ^ If the Council chooses to discuss the pending settlement it will need to adjourn to an executive session for further discussion. ATTACHMENTS: None ~I Agenda Information Memo December 20, 2005 Eagan City Council Meeting O. 2005 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2006. FACTS: Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the Council's approval. ATTACHMENTS: ~ Consulting Engineering Fees, pageJr3 ~ Fee Increase Comparison, page . 5~a 4zJ Q C~ z w F LL ~ O ~ } ~ F Z U O W U = LL F- O ~ z O ~ LL Q d U O O N o ' ~ 05 0) C - ~ V ~ _ ~ C w C 'L C ~ ~ = w o B N O E W _ 'R O U I- ~. .y t U o m F- o d as ~ U d c U D m Q = o _ ~ a W H ~, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0 ~ v> .n In o u~ 0 0 0 0 0 o v1 u~ v> , u o d N c'J V N c7 m O O O ~ O ~ n f0 O 0] O C O fh W O n T N < O ~ O cD O U X > Q w w W w w w w -- w w w w w w w w w d d O m N D O O O O O O O O O O O O O O C ~ O O O O O O O O O O O O O O LL C- Ip LL n Ln l0 LL7 O N9 Q N O ~ (O N t0 Q '7 Q O N d' ~ v .-- ~ ~ .~- G) w ~ o 01 rn O .- O w n w n w n w n w m m N N w w w w w w w w w w ~ ~ c ~ 0 01 O O O O O O O O O O O O O O O O a A ~ O O O O O O O O O O S O O ~ m o O O O O O j O O N N O N O u) f0 n If1 p O O O Ci O n O ~ O ~ 10 O O N Q L j ~ O . ,- w w w ~ ~ ~ w w w w b9 w ~~ ~ w w w w N ~ ~ O lfJ O O O 1n LL~ y y v> v ~ o o w ~ w o ~ E ~ O Q in w w vs w s s r m c 0 0 O O o o O O O o O o N •- b ~ N nt o n N ~ o e n e w w r w ~ r w r Nq 01 w m w m w m w D) C_ W o 0 0 0 0 0 0 0 0 0 N ~ ... ... ... ... ... 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Q ~°, ~ - c ~ ° o ~' - > ~ W 4 a c N ~ 'v c c ~ i o ~ C7 U c ~ a°i m ¢ rn ~ d g Y E •~ a d ;~ a> ~ W n u i i a F~ N . C C ~ ~ d O d~ OJ . . O ° 'v 'u a o vl c m - ?~ . ^ o d ` c a~ y a c+ ~ ~ o c m . a c m C7 rn N ° m LL D m^ _ c Z .o Z ' E a d ~ ~ ~ cn ~ ?~ a a- - ~ o ` ~~ fD o ` ` U ' ° o ~ a s ~ ° ~ i v, o. cn a ~ ~ . ~ a r n ~ w cn (~ v ~ ~ cn ai w r n a ¢ ~ v r~ c~ r - C7 ~ ~ i ~ ~~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting P. PROJECT 03-N, NICOLS RIDGE ACTION TO BE CONSIDERED: Approve an extension to the completion schedule established in the Development Agreement for Project 03-N (Nicols Ridge). FACTS: • Nicols Ridge was constructed on the south side of Cedar Grove Parkway, between Nicols Road and Rahn Road, within the Cedar Grove Redevelopment Area. This development required a number of improvements under the terms and conditions of the development contract agreement, many of which, such as the installation of sanitary sewer, water main, storm sewer and services, were performed privately by the developer. Improvements remaining to be completed include landscaping/ fencing, streetlights and trails along Cedar Grove Parkway. • The developer has been in communication with city staff regarding these improvements and is interested in the possibility of including them as a part of the public Project 888 which will be considered later in this meeting by the City Council. • Regardless of the future of Project 888 and the inclusion of the Nicols Ridge improvements as a part of the public improvement, it would be appropriate to extend the completion time for the landscaping/fencing, streetlights and trails along Cedar Grove Parkway to September 30, 2006. S5 Agenda Information Memo December Z0, 2005 Eagan City Council Meeting O. PROJECT 933, TOWN CENTRE DRIVE/ O'LEARY LANE/ GOLFVIEW DRIVE -STREET REVITALIZATION ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 933 (Town Centre Drive/ O'Leary Lane/ Golfview Drive -Street Revitalization) and schedule a public hearing to be held on January 17, 2006. FACTS: • On June 7, 2005 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Town Centre Drive (Denmark Ave to Lexington Ave.), O'Leary Lane, and Golfview Drive in the Town Centre area. • The bituminous overlay of these streets are programmed for 2006 in the City of Eagan's 5-Year CIl' (2006-2010). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for January 17, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. S~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting R PROJECT 771, LEXINGTON AVENUE STREET UPGRADE & TRAFFIC SIGNAL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 771 (Lexington Avenue -Street Upgrade and Traffic Signal Improvements) with the owner of Parcel No. 10-22516-010-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan was the lead agency in partnership with the Dakota County Highway Department in the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and included the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive. • The upgrade of Lexington Avenue required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the easements for this property indicated a value of $80,900.00. An offer was accordingly forwarded to the legal representatives of the property. Their counter offer demanded additional compensation for an area impacted by a private easement between the owner, Skyline Displays, Inc., and Great River Energy to accomodate the required relocation of electrical poles. Additional site issues regarding future expansion interests and related setbacks complicated the negotiation efforts. . • Skyline Displays has recently expressed a desire to resolve the easement acquisition cost issue with the City. A review of the original appraisal along with the requested value of the private easement has indicated a supportable increase to the original offer. A final negotiated settlement offer of $127,000.00 has been accepted by the property owner. • An agreement between the City of Eagan and the owner of Parcel 10-22516-010-O1, Lot 1, Block 1 Eagandale Corporate Center No. 2, has been prepared providing for the acquisition cost for the necessary easements. All costs will be split between Dakota County and the City on the standard 55/45 % basis. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. Agenda Information Memo December 20, 2005, Eagan City Council Meeting S. APPROVE FINDINGS OF FACT FOR REVOCATION OF A CONDITIONAL USE PERMIT FOR 4871 BISCAYNE AVENUE -MAGNUM TOWING (KEVIN MELLON) ACTION TO BE CONSIDERED: To adopt the resolution approving the Findings of Fact for revocation of the Conditional Use Permit for outside storage on Lot 3, Block 1, Halley's ls` Addition located at 4871 Biscayne Avenue. FACTS: - The City Council held a hearing on December 5, 2005 pertaining to revocation of the Conditional Use Permit (CUP) issued to 4871 Biscayne Avenue. Background information was provided in the Council packet and sworn testimony was provided by Code Enforcement Technician Mary Granley. - Mr. Mellon was present and chose not to testify. - The City Council informed Mr. Mellon that he could provide information to staff relative to a date he could have the property cleared, should the Council act to revoke the CUP. - City staff has received no information from Mellon. The Findings call for the site to be cleared by February 1, 2006. - At its meeting of November 1, 2005, the City Council continued consideration of this item to permit review of additional information and a legal memo submitted by Mr. Mellon's attorney. Mr. Mellon has resubmitted his attorney's letter, additional information pertaining to another impound lot in Eagan, and a DVD with brief video excerpts from an APC meeting (believed to be in 1992) regarding the Magnum CUP. - On December 17, 1985, the City of Eagan approved a Conditional Use Permit for outside storage of impounded and/or towed vehicles for Kevin Mellon of Magnum Towing for Lot 3, Block 1, Halley's ls` Addition at 4871 Biscayne Avenue. - The original approval called for periodic reviews of the CUP which were performed through 1992. The City Attorney subsequently advised that CUP's could not have set terms and, as a consequence, the most recent action relative to the property was the City Council action on March 2, 1992. A copy of the CUP reflecting that action is included in the attachments below. S8 - On the basis of a complaint received in 2000, the City performed an investigation of operations at the property and found violations resulting in the issuance of citations that were heard in District Court in 2001. The court at that time found Mr. Mellon to be in violation of two counts under the citation, a fine was imposed. - In May of 2005, the City again received a formal complaint regarding storage alleged to be in violation of the CUP and other zoning violations at the site. An investigation was performed, violations, some existing since 2001, were identified and the property owner was given an opportunity to correct the violations. Upon re-inspection after the correction deadline of September S, 2005, a substantial number violations remained. - At their regular meeting of September 20, 2005, the City Council scheduled a hearing to consider the possible revocation of the CUP for November 1, 2005. - An additional inspection of the site was performed in preparation for the December S Council meeting and the conditions that gave rise to the notice ofnon-compliance remain to be corrected. ATTACHMENTS: (1) Resolution and Findings of Fact for Revocation on page ~ through ~ . ~/ EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on December 5, 2005, at 6:30 p.m. The following members were present: Geagan, Maguire, Carlson, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: CITY OF EAGAN RESOLUTION NO. FINDINGS OF FACT AND RESOLUTION REVOKING THE CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE FOR LOT 3, BLOCK 1, HALLEY'S FIRST ADDITION Based upon the information produced at the hearing and all records, files and documents presented to Council in this matter, the City Council of the City of Eagan makes the following: FINDINGS OF FACT 1. On March 2, 1992, the City Council granted a Conditional Use Permit (hereinafter "CUP") to Kevin S. Mellon and Rita A. Mellon, d.b.a. Magnum Towing (hereinafter "Mellon"), for the property located 4817 Biscayne Avenue in the City of Eagan, County of Dakota, State of Minnesota, legally described as: Lot 3, Block 1, Halley's First Addition, according to the duly recorded plat thereof (hereinafter the "Property"). 2. The CUP allowed outdoor storage on the Property, subject to compliance with the following conditions, inter alias A". (1) Only storage of impounded and/or towed vehicles shall be allowed; (2) No "For Sale" signs shall be displayed and no sale/repair operations shall be conducted at the site; (3) This conditional use permit and the City Council Resolution shall be recorded with the Dakota County Recorder within sixty (60) days of approval; and (4) All other city codes. A copy of the CUP is attached hereto and incorporated as a part hereof as "Exhibit LoC~ 4. In early 2001, the City filed a criminal complaint in Dakota County District Court charging Kevin Mellon with numerous counts of CUP and zoning code violations. In October 2001, the District Court found Mr. Mellon guilty o£ (1) unlawful outdoor storage of items other than impounded or towed vehicles without a conditional use permit; and (2) unlawful storage of junk vehicles and parts. The judge in the matter determined in his Findings of Fact and Order, filed October 12, 2001, the following: Minn. Stat. §§ 168B.01 and 168B.101 provides for the handling and disposition of abandoned [unauthorized] or junk vehicles. Minn. Stat. § 168B.051 provides for the sale of impounded vehicles 45 days after notice to the owner if the vehicle is determined to be an unauthorized vehicle that was not impounded by the City of Minneapolis. Minn. Stat. § 168B.08 covers disposition of abandoned or junk vehicles by the impound lot. This statute provides that after 45 days, the owner of the impound lot may dispose of the impounded vehicle. In this case, the evidence shows that the vehicles remained on the lot by the defendant from September 26, 2000 through April 5, 2001 and in fact, were still present on September 18, 2001, the last date the plaintiffs code enforcement technician inspected the defendants' property. The continued storage of these motor vehicles after they became eligible for sale and disposition by the impound lot owner converts the vehicles from a permitted use under the CUP issued herein to an outdoor storage facility of abandoned vehicles. This converts defendants' property into a junkyard this is not a permitted use under its CUP. The Court imposed a fine of $300.00 upon Mr. Mellon. 5. On August 5, 2005, the City sent a Notice of Conditional Use Permit Violations to Mellon. The Notice specifically outlined violations of the Conditional Use Permit, as well as violations of the City Code that existed on the Property as of July 8, 2005. The City demanded that the Properly be brought into compliance no later than September 5, 2005. Mellon was advised that if the Property is not brought into compliance by September 5, 2005 due to the history of repeated continuing violations on the Property, then the matter would be presented to the City Council for consideration and determination of whether: (i) criminal charges should be filed, (ii) proceeding to revoke the CUP be initiated; or (iii) both. 6. On September 6, 2005, City staff inspected the Property to determine compliance and found that violations of the CUP and the Eagan City Code continued to exist on the Property on that date. 7. The City sent a Notice of CUP Violations and Notice of Revocation Hearing, dated October 5, 2005, to Mellon. The Notice specified the violations of the CUP, as well as the violations of the City Code, which existed on the Property, advised Mellon of the date, time and place of a revocation hearing to be heard by the Eagan City Council, and advised Mellon that the "hearing is [his] opportunity to be heard and to present any evidence or testimony [he] may have for 2 ~~ the City Council to consider before it makes its decision and to bring any witnesses or evidence that they wished to present at Council." 8. The CUP revocation hearing was originally scheduled before the City Council on November 1, 2005. The City Council continued the hearing to December 5, 2005, due to the City's receipt of a Memorandum in Opposition to the Revocation submitted by Melton's attorney. The Memorandum is a part of the record before the City Council. The City Council asked for a responsive opinion from the City Attorney. The City Attorney submitted a memorandum to the City Council responding to Melton's Memorandum, which is a part of the record before the City Council. 9. By letter dated November 9, 2005, the City sent notice to Mellon of the new hearing date of December 5, 2005. The notice again advised Mellon of the CUP violations and the City Code violations that existed on the Property, as well as notice that he should bring to the hearing any witnesses or evidence that he wished to present on his behalf. 10. A hearing was held before the City Council on December 5, 2005, to consider revocation of the CUP for the Property. City staff presented evidence of the CUP and Code violations on the Property. Mr. Kevin Mellon was present. Mr. Mellon did not present any evidence or testimony at the hearing and did not provide any response to the evidence presented by City staff. Mr. Mellon merely stated that he relied upon the Memorandum submitted by his attorney on November 1, 2005. 11. Eagan City staff presented and the Council's packet included the following evidence: a. Three motor vehicles that were stored on the Property in September 2001 continued to be located and stored on the Property on September 6, 2005. b. One motor vehicle that was stored on the Property in April 2001 continued to be stored on the Property on September 6, 2005. c. Four motor vehicles that were stored on the Property in January 2002 continue to be located and stored on the Property on September 6, 2005. d. All eight of the foregoing motor vehicles continued to be stored on the Property on November 1, 2005. e. Numerous motor vehicles are stored on the Property that do not have license plates displayed. f. Twenty-six (26) motor vehicles stored on the Property have license plates displayed, but the Minnesota motor vehicle records indicated that some are expired and others are not on file, evidencing that they have been expired for an extended time as they are removed from the state's records. 3 ~o~ g. There are numerous items, other than impounded and/or towed vehicles, that are stored on the Property in violation of the CUP and in violation of the Eagan City Code, including but not limited to: (1) On July 8, 2005, two personal watercrafts (waverunner) were stored on the Property and continued to be stored on the Property on September 6, 2005; (2) In May 2005, and continuing on September 6, 2005, a cargo trailer box (without any axle or wheels) was stored on the Property; (3) A vehicle axle and wheel dismantled from a vehicle was stored on top of a trailer in May 2005 and was again observed to be stored on the Property on September 6, 2005 and November 1, 2005; (4) An engine hoistlmetal frame was stored on the Property in July 2005 and was observed to be stored on the Property on September 6, 2005. (5) Bumpers dismantled from vehicles were stored inside other vehicles, sticking out of the front windshield and side windows; (6) Metal racks were stored on top of a large cargo/panel truck on the Property in September 2001 and continued to be stored on a large truck on September 6, 2005. No strapping or other tie-downs were present. The metal racks were not present on the large vehicle at the time of the November 1, 2005 inspection, which indicate that the metal racks were not brought onto the Properly with the vehicle. (7) Miscellaneous numerous items and moveable property are stored in the back of a pick-up truck as of November 1, 2005 and September 6, 2005. In September 2001, no items were stored in the back of the same pick-up truck, which indicates that the items were not brought onto the Property with the vehicle. Thus, they were placed there after the vehicle arrived on the Property. (8) A trailer full of wire and scrap metal is stored on the Property. This trailer was on the Property in May 2005, on September 6, 2005 and on November 1, 2005. (9) Fifteen (15) stacks of tires consisting of eight to twelve tires per stack were stored on the Property on September 6, 2005 and in another area on the Property an additional seven (7) stacks with 7-9 tires per stack stored. (10) A trailer full of tires which was located on the property on September 6, 2005 was removed from the Properly and found to be stored at a neighboring properly at 4895 Biscayne Avenue on November 1, 2005. 4 ~~ h. Eight (8) vehicles have been stored on the Property for 3-4 years. Mellon has the right to sell or dispose of the impounded and towed vehicles after the statutory holding period. Retaining and storing these vehicles on the Property after the holding period converts the storage of these vehicles into a junkyard or an automobile reduction yard which is not permitted under the CUP. i. The Property is zoned Limited Industrial (I-1). Neither a junkyard nor an automobile reduction yard is a permitted, conditional or accessory use allowed on the Property. Therefore, Mellon's use of the Property is in violation of the City Code. j. The outdoor storage of the miscellaneous items and moveable property identified above other than the vehicles and trailers (i.e. stacks of tires, metal racks, engine hoist, dismantled vehicle parts, scrap wire and metal, etc.) on the Property is not permitted under the CUP and thus constitutes a violation of the CUP. k. The outdoor storage of the miscellaneous items and moveable property identified above other than the vehicles and trailers (i.e. stacks of tires, metal racks, engine hoist, dismantled vehicle parts, scrap wire and metal, etc.) on the Property requires a conditional use permit which Mellon has not been granted and constitutes a violation of the Eagan City Code (outdoor storage without a conditional use permit). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that it hereby declares that Kevin and Rita Mellon, d.b.a. Magnum Towing, are in violation of the Conditional Use Permit for the Property. BE IT FURTHER RESOLVED, that the Conditional Use Permit for the Property shall be, and hereby is, revoked. BE IT FURTHER RESOLVED, that the revocation of the Conditional Use Permit for outdoor storage of impounded and towed vehicles for the Property is effective immediately. BE IT FURTHER RESOLVED, that outdoor storage of any items, materials, goods, motor vehicles, trailers, or any other movable property is not permitted on the Property effective immediately. BE IT FURTHER RESOLVED, that any and all items, materials, goods, motor vehicles, trailers, or any other movable property that is stored outdoors on the Property shall be removed from the Property no later than February 1, 2006. BE IT FURTHER RESOLVED, that City staff is authorized to take any action, including legal action or suit, to enforce the terms of this Findings of Fact and Resolution. WT ADOPTED this _ day of , 2005. Pat Geagan ATTEST: Maria Petersen, City Clerk Agenda Information Memo December 20, 2005, Eagan City Council Meeting T. AUTHORIZE STAFF TO INITIATE AN AMENDMENT TO THE ZONING ORDINANCE TO THE CITY ZONING ORDINANCE FOR IMPLEMENTATION OF THE MSP AIRPORT ZONING ORDINANCE ACTION TO BE CONSIDERED: To authorize Staff to initiate an Amendment to the City Zoning Ordinance for implementation of the Minneapolis - St. Paul International Airport Zoning Ordinance. FACTS: - On Apri129, 2004, the Wold-Chamberlain Field Joint Airport Zoning Board (JAZB) adopted the Restated and Amended Minneapolis-St. Paul International Airport (Wold- Chamberlain Field) Zoning Ordinance. - Eagan was a participant in the JAZB preparation of the amended Airport Zoning Ordinance. - Portions of northwestern Eagan are within the "safety zones" and "airport boundary and airspace zoning limits" defined by the Airport Zoning Ordinance. As such, new development and redevelopment in those areas will be subject to the restrictions in the Airport Zoning Ordinance as well as the City's zoning ordinance. - The recommended method of enforcement is by the municipality with a reference to the Airport Zoning Ordinance within the City zoning ordinance. - The amendment to the City zoning ordinance will be subject to a public hearing by the Advisory Planning Commission once a draft amendment has been prepared. ISSUES: None ATTACHMENTS: None LDP Agenda Information Memo December 20, 2005 Eagan City Council Meeting U. 2006 JOINT POWERS AGREEMENT -STREET MAINTENANCE ACTION TO BE CONSIDERED: Approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. FACTS: For the past 20 years (1985), the City of Eagan has participated in a Joint Powers Agreement (JPA) with the cities of Burnsville, Apple Valley, Lakeville, Rosemount, Savage, Prior Lake and Shakopee to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and sealcoating contractual services. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • The JPA for 2006 is basically the same as approved by the Council in previous years. It has been reviewed by the Superintendent of Streets/Equipment and found to be in order for favorable consideration. ATTACHMENTS: • Joint Powers Agreement, pages ~ through '7 JOINT POWERS AGREEMENT 2006-2007 TRAFFIC MARI~NGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING BITRNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE, ROSEMOUNT, SAVAGE, PRIOR LAKE, SHAKOPEE, FARl\~IINGTON AND MENDOTA HEIGHTS AGREEMENT made this 17~' day of January, 2006, by and between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemouunt, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights utilizing one common contractor for each service. NOW, THEREFORE, the parties agree as follows: 1. Subject to the other, provisions of this agreement, Burnsville shall prepare any plans, specifications, bid proposals a11d advertise for bids for the placement of street traffic markings, street sweeping, crack sealing, screening and seal coating services. 2. Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights shall provide to Bwilsville the estimated quantities for these services in each respective community, at~d shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a reconunendation of award to Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights and upon their approval, award the contract pursuant to State Law. ~~ Joint Powers Agreement Page 2 4. Each city shall be responsible for: • Preparuig maps showing the proposed locations for these services including estimating the quantities. • Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the tinting of the actual work. • Inspecting the contractor's work, measuring the quantities of work perfom~ed, approving and certifying the progress or final payments to the contractor. • Pay a percentage of actual construction cost to City of Burnsville for legal and admuustrative cost on a sliding scale basis as follows: $0 - $50,000 - 2% $50,000 - $100,000 - 1.5% Over $100,000 - 1.0% 5. In accordance with the specifications, the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount duectly to the contractor. 6. It is agreed that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights each of them, indemnify, save, and hold harmless the City of Bwnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington and Mendota Heights further agree to defend, at their sole cost and expense, any actions or proceedings conunenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. Co`t Joint Powers Agreement Page 3 7. This agreement can be tem~inated on the part of any individual city by giving sixty (60) days notice to the other cities; otherwise the agreement will automatically terminate on March 15, 2007. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVILLE BY: Elizabeth B. Kautz BY: Mayor City Manager DATE: Craig L. Ebeluig CITY OF APPLE VALLEY BY: BY: Mayor Clerk DATE: CITY OF EAGAN BY: Mayor BY: Clerk CITY OF LAKEVILLE BY: Mayor BY: Clerk CITY OF ROSEMOUNT BY: Mayor BY: Clerk CITY OF SAVAGE BY: Mayor BY: Clerk 70 DATE: DATE: DATE: DATE: Joint Powers Agreement Page 4 CITY OF PRIOR LAKE BY: Mayor BY: Clerk CITY OF SHAKOPEE BY: Mayor BY: Clerk CITY OF FARMIlVGTON BY: Mayor BY: Clerk CITY OF MENDOTA IiEIGATS BY: Mayor BY: Clerk DATE: DATE: DATE: DATE: ~~ °o N vi y N J > Q ~ ~ aw f17 LL W • U ~a '" z o W ~ Z ~a z~ ww O ~ ON aG W y J ~ J N 3 ' ~ Z a~ ~~ 2 m Q Q O N U N O I ~ {p d m ~ o ac m f7 Q 19 °o o n ~ M Vi °o ed v N N kA °o o ~ r M M Y u U L J < m M o (O n o n N N O 7 O C a N ~ ~ O O O N N ~ O O O O N ~ O r O~ m N ~ d 3 w o g m _ ^ o ~ N b m y0 F o `~ lh r W v m W N bi ° N ~ N W ~ ~ rn r W `u N d R C p N H ~ O m ~ 7 r N O r fV m Q p ~'- O N O N O N as ~ O O~ N N ~ N 0 ~ N vi rn m N w O O ~ N ID ~ c jp J (,'j Y a O tD O N r O) 1~ ~o M O m g A ° F ~ f U W o Or m e m ~ M ~ y R ` h M m r N T r N Q) r r y r '~ ~~„ N Q m ro h ONi m O> O O e N O~ r Q ~ r OD r W M N O IA Oi M r fR N_ O 19 p~ LL O C O C O C O C C m 0 o w o w ^ w ^ w U R N d 0 ~ Q O LL N ~ O O r N O O h N O O ~ ~ Q O O a~ U o] U [~ U fL U ~ LL ~ ~n C M O Q a O C O O Q a o C O O Q a 0 C e O Q T=~ ... m ~ N ~ ~ n v N y o, ~ GZMN E ~Nr o u>l0 U c2oQ NO C OHO o M ~ - ion N C1 rnco ~~n fnN tL fD mQ rrv~ ro O r~ vM ~ me~n~ d N V d N ~ eMr 2 c r N r ~ l0 me ran ormr ~ NO d OQ c m m err U e Z c0 vZn~<o ~ ~ c c C~ 9 O)~ N 'O N a m O Z M M ~~ m N r ' .. ^ Q~ t Q' O (") L~~ N G > N N 0 O Q M A N N N m ' 0! N C O y~ N~ ~ Q m ~; ~ Of ~ E L 'o e O ~ O r C N N N N ~' N m C O N E Om S O Y UL OMN 6 N cL N M 00 M O C q O m OZMr Q ~ ~ d 19 ~O N U~u)e M Q U ~> 0 ~ Q a >.m N m O) Z 4 E e nN a M~tD 'Q N Z c E nN ~f0 V i ~ O t0 U=u> O N fO W O Y V ~Z nm W ~tO~ U NO ~DY ro c7nM ~ m ' o U~v N x o.- u ° O ~ N c'' rM di ° ` ° ~r d nvr ~~` ~~ O N N o mom- ~Ucm°' ? ~ x n cnUo~mm ~' n aoL^d~o i Cy m x w~" E^oV u~ O ~ n uUoy~o o ~ r 4'.n aox ~ m - ~ d Uo a n ~ r mOwox ° w L°o~o m a lC ,~avi o.- a rnmrno~ "' a~a ~ =c°DV rnor ~a ~ °'~moox m awa mio~o~ 'a a~i a° a inaii aN. ~aLL LLn i aii o~Ca ~i v > LL ~i ~ ~ ii ~nm ~ d U ~" a` 0 o N I Agenda Information Memo December 20, 2005 Eagan City Council Meeting V. ADOPT RESOLUTION APPROVING THE FY 2006 CITY OF EAGAN APPLICATION FOR CDBG FUNDING ACTION TO BE CONSIDERED: To adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2006 to the Dakota County Community Development Agency. FACTS: • The CDBG fiscal year begins July 1. The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet CDBG Program regulations. • Eagan's FY 2006 available funding amount will be approximately $215,000. • At its workshop meeting of December 12, 2005, the City Council reviewed a range of options and gave direction to allocate $179,550 to property acquisition, relocation and demolition for blight removal activities and low and moderate income benefit in the Cedar Grove Redevelopment Area, $11,000 to youth and family programming and $25,000 for Carnelian Park improvements for youth development activities. • The Dakota County CDA administers the CDBG program and will review and forward the City's desired funding allocations to HUD for approval. ATTACHMENTS: • 2006 CDBG Allocation Budget on page ~_ • Resolution on page ~_ 73 0 0 ~ c o ~ °o °o_°0 W d M N C N ~- N ~ r- ~ Q e- E}} 64 Efl Ef3 N N '~ O EA 69 Ef} ~ ` a m ~ ~ ~ O O ~ ~ 0 0 N ' N N O O O (D ~ ~ O M N O ~ (D ~ ~ E!} d} ~ N a EA E!} d3 m rn o rn ~ ~ ~ o ~ ~ o ~ ao ~ N N 'C 64 69 7 m CO 'a' N ~ O N O ~t O M ~ ~ O ~ N ~ N N 'a EA d4 7 m O O O N O O O O ~ O ~ ~ I~ O N ti ~ ~ a - N ~ ~ ~ 7 m J U N m a~ ~ . in Z ~ °' ~ C ~+ .N (9 y N ~ ~ ~ C O i ~ X ~ Q !~ d O ~ Q Q a w ?' E ~ ~ °' ~ D to °' co as o a c ~ o° o o s ~~ c u . (~ ~- ~ O ~. c ~ .ca ~ U O O ~ O lC " E O Q w C C ~ f0 U~~ V ~ ~C~U H Q ~~ A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF EAGAN, MN FOR FISCAL YEAR 2006 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING WHEREAS, the City of Eagan, MN is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2006 (ending June 30, 2007); and WHEREAS, the Dakota County CDA is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested FY06 CDBG applications to be submitted by December 16, 2005 based on a district formula allocation of funds approved in the 1984 Community Development Implementation Plan. WHEREAS, the Dakota County CDA has provided an extension to submit applications after December 20, 2005 to correspond with City of Eagan Council review schedule. NOW, THEREFORE, BE fT RESOLVED that the City of Eagan, MN hereby approves the following: 1. The FY06 CDBG application is approved by the City Council, and the City Administrator is authorized to execute it on behalf of the City of Eagan. 2. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf of the city, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. This resolution was adopted by vote of the city] on the day of .2005. [Mayor or Board Chair] Attested this day of [Title] 7~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting PUBLIC' HEARINGS A. 2005 (PAYABLE 2006) PROPERTY TAX LEVY ACTION TO BE CONSIDERED: Approve the proposed 2005 (payable 2006) property tax levy as follows: General Revenue: General Fund $ 18,225,400 Equipment Revolving Fund 862,324 Gen Facilities R/R Fund 127,629 Major Street Fund 1,188,392 Market Value Homestead Cr. 1,153.562 Subtotal General Revenue 21,557,307 Debt service: Community Center bonds 1,202,093 Total City-wide Levy 22.759.400 Cedarvale Special Services Dist. 00 FACTS: • The City held aTruth-in-Taxation public hearing on December 5 to consider the 2006 General Fund budget and the payable 2006 property tax levy. • The State requires that the levy be formally adopted at a subsequent hearing. • The final levy must be certified to the County by December 28. • No changes have been made to the general City levy or the Cedarvale Special Services District levy as presented at the December 5 meeting. ATTACHMENTS: • Enclosed on page ~ is a copy of the resolution adopting the final levy. ~~ RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2006 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 20, 2005, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember Councilmember and seconded by NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2006 as follows: Revenues: Debt: General Fund Equipment Revolving Fund Major Street Fund General Facilities RenewaUReplacement Fund Market Value Homestead Credit Subtotal Revenues Community Center/Central Park bonds Total City-Wide Levy Cedarvale Special Services District Levy Dated: December 20, 2005 $ 18,225,400 862,324 1,188,392 127,629 1,153,562 21,557,307 1,202,093 22.759.400 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of December, 2005. Maria Petersen, City Clerk ~~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting B. Proposed 2006 General Fund Budget ACTIONS TO BE CONSIDERED: Approve the proposed 2006 General Fund budget. Approve 2006 expenditures in the total amount of $178,900 appropriated from the General Fund fund balance for: o Noise study (Part In $ 30,000 o Police CJIIN Project 45,500 o Police Automatic Vehicle Locator 19,400 o HiPP Central Dispatch start-up costs 75,000 o HiPP Dispatch technology needs assessment 9,000 $ 178,900 FACTS: • The City held aTruth-in-Taxation public hearing on December 5 to consider the 2006 General Fund budget and the payable 2006 property tax levy. • The State requires the budget be adopted subsequent to the 20061evy. • No changes were made to the budget pursuant to the Truth-in-Taxation hearing. • With the exception of the HiPP Dispatch technology needs assessment, the items to be paid for from the General Fund fund balance above were presented as such to the Council in August. The $9,000 technology needs assessment cost was brought to staff s attention subsequent to the August meeting. ATTACHMENTS: Enclosed on pages Z~ through ~~ are copies of comparative summaries of revenues and expenditures for the General Fund. ~~ 2006 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 2003 2004 2005 2006 Actual Actual Budget Proposed General Property Taxes Licenses Permits Intergovernmental Rev Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers $ 15,392,252 $ 16,214,910 $ 17,168,300 $ 18,225,400 256,801 250,736 259,800 261,600 1,223,888 1,010,638 1,004,900 972,200 703,943 662,375 596,300 595,500 1,454,632 1,187,572 923,000 1,019,200 484,014 581,092 683,200 616,300 251,042 271,447 281,200 268,300 208,919 268,989 319,100 350,200 966,421 1,100,221 1,276,900 1,314,200 388,617 369,920 437,700 394,600 TOTAL GENERAL FUND $ 21,330,529 $ 21,917,900 $ 22,950,400 $ 24,017,500 ~~ 2006 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 2003 2004 2005 2006 Actual Actual Budget Budget GE NL GOVERNMENT Proposed 01 Mayor & Council $ 117,257 $ 108,380 $ 118,600 $ 121,900 02 Administration 627,147 705,324 450,400 502,100 03 Information Technologies 954,583 907,676 967,600 1,060,000 04 City Clerk 203,025 304,334 231,200 294,900 05 Finance 774,573 767,947 865,000 900,400 06 Legal 353,032 387,499 434,000 400,700 07 Comm Dev--Planning/ED 600,284 675,317 767,400 813,900 08 Comm Dev--Inspections 835,129 852,828 947,100 999,300 09 Communications 388,988 369,985 437,700 394,500 10 Human Resources Wi th Admin With Admin 208,800 240,500 Gen Govt Total 4,854,018 5,079,290 5,427,800 5,728,200 PU BLIC SAFETY 11 Police 8,337,148 7,735,803 8,781,700 9,334,500 12 Fire 996,845 1,025,744 1,198,700 1,218,500 Public Safety Total 9,333,993 8,761,547 9,980,400 10,553,000 PU BLIC WORKS 21 Public Works/Engineering 1,174,957 1,108,635 1,314,900 1,315,900 22 Streets 1,282,469 1,352,191 1,452,800 1,454,000 24 Central Svices. Maint. 442,683 440,602 458,500 485,900 Public Works Total 2,900,109 2,901,428 3,226,200 3,255,800 PARKS & RECREATION 31 Parks & Recreation 3,023,997 3,053,375 3,345,100 3,429,000 32 Tree Conservation 318,014 321,180 377,200 408,400 Parks & Rec Total 3,342,011 3,374,555 3,722,300 3,837,400 GE NL GOVT BLDG MAINT 33 Building Maintenance 569,598 583,443 553,700 616,200 Total Expenditures- General Fund $ 20,999,729 $ 20,700,263 22,910,400 23,990,600 41 Contingency--undesignated 40,000 26,900 Total Expenditures + Contingency $ 22,s5o,4o0 $ 24,017,500 ~d Agenda Information Memo December 20, 2005 Eagan City Council Meeting C. Proposed 2006 Cedarvale Special Services District Budget ACTION TO BE CONSIDERED: Approve the proposed 2006 Cedarvale Special Services District Fund budget. FACTS: • Staff invited all Cedarvale Special Services District property owners to a November 30 informational meeting to review the 2006 budget and levy for the district. Approximately 10-12 property owners attended the meeting. • The City also held aTruth-in-Taxation public hearing on December 5 to consider the 2006 Cedarvale Special Services District budget and the payable 2006 property tax levy. • The State requires the budget be adopted subsequent to the 20061evy. • No changes were made to the budget pursuant to the Truth-in-Taxation hearing. ATTACHMENTS: • Enclosed on page ~ is a copy of the 2006 revenues and expenditures budget for the Cedarvale Special Services District Fund . g~ 119 Cedarvale Special Services Fund This fund was established in 1996 for the purpose of accounting for taxes collected and expenditures made pertaining to the Cedarvale area special services tax district established in 1995. The primary purpose of the tax district is to provide signage, sign maintenance and turf maintenance for the Cedarvale shopping center. 2003 2004 2005 2006 Actual Actual Budget Budget Fund Balance, Beginning of Year 12,567 11,076 8,748 6,648 Revenues: Special Services District Taxes 2,312 2,088 2,000 3,000 Interest on Investments 253 130 300 300 Total Revenues 2,565 2,218 2,300 3,300 Expenditures: Professional Services-Auditing - 500 - 500 Mowing 3,158 3,066 3,300 6,444 Fertilizer and Weed Control - - - 1,395 Sign Maintenance 898 980 1,100 1,100 Total Expenditures 4,056 4,546 4,400 9,439 Excess of Revenue over Expenditures (1,491) (2,328) (2,100) (6,139) Fund Balance, End of Year 11,076 8,748 6,648 509 go~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting D PROJECT 888, CEDAR GROVE PARKWAY TRAIL AND LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Open and continue the Public Hearing for Project 888 (Cedar Grove Parkway -Trail and Lighting Improvements) Public Hearing until January 17, 2006. FACTS: • On September 6, 2005 the City Council directed staff to prepare a feasibility report considering trail and lighting improvements along Cedar Grove Parkway, from Nicols Road to Rahn Road. • A draft Feasibility Report for the trail and lighting improvements was received by the Council on November 15, 2005 and a Public Hearing was scheduled for December 20, 2005. • Due to ongoing negotiations with US Homes/Lennar regarding the purchase of several parcels from the Eagan Economic Development Authority for future additions to the Nicols Ridge development, staff requests that the Public Hearing be continued to January 17, 2006 for Council consideration. This will insure that all properties receive the required legal notices. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing and the proposed continuance to the January 17, 2006 meeting. ISSUES: • A presentation of this improvement is not planned due to the proposed continuance unless so requested by the Council or public. ATTACHMENTS: • Feasibility Report, pages~~ through ~. ~.3 "~` City of Ea~a~ Report for Cedar Grove Parkway Trail and Lighting Improvements City Project No ,r. za , s ~. ~. „,~ j}g,,. ~~ Eagan, Minnesota. December 16, 2005 City of Ea~au Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CnY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ` ~~~~~ Timothy J. th Date: f Z 6 OS' Reg. No.42024 www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. December 16, 2005 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 5 5122 Re: Cedar Grove Parkway Trail and Lighting Improvements City Project No. 888 Dear Mayor and City Council: Attached is our report for the Cedar Grove Parkway -Trail and Lighting Improvements, City Project No. 888. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, L%'-•~~'C'Cl' ' Timothy J. Plath, PE, PTOE Transportation Engineer Reviewed Departmen~of P~blic Works /' Date: ~o~-~~~ - t~~J Revi Finance Dept. Date: ~ ~ ` ~~~~ ~~ TABLE OF CONTENTS Letter of TransmittaUCertification Table of Contents Page 1.0 Introduction .................................................................................................................... 1 2.0 Scope ................................................................................................................................1 3.0 Feasibility and Recommendations ................................................................................ 2 4.0 Proposed Improvements ................................................................................................ 2 4.1. Bituminous Trail ......................................................................................................... 2 4.2. Modular Block Retaining Wall ................................................................................. 3 4.3. Street Lighting ............................................................................................................ 3 4.4. Ornamental Fencing ................................................................................................... 4 5.0 Easements/Permits ......................................................................................................... 4 6.0 Cost Estimate .................................................................................................................. 5 7.0 Assessments ..................................................................................................................... 6 7.1. Nicols Ridge Area ....................................................................................................... 6 7.2. Community Shopping Center .................................................................................... 7 8.0 Assessment Financing Options ...................................................................................... 7 9.0 Revenue Source ............................................................................................................... 8 10.0 Project Schedule ............................................................................................................. 8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures -1 Location Map -2 Proposed Typical Sections -3.1 and 3.2 Trail Improvement! Assessment Maps ~~ December 2005 Project 888 Trail and Lighting Improvements Cedar Grove Parkway Eagan, Minnesota 1.0 Introduction Cedar Grove Parkway is a two-lane, median divided local roadway in the west-central portion of Eagan, as shown in Figure 1. It is a significant transportation element of the Cedar Grove Redevelopment Area and was reconstructed in 2002 as part of City Contract 01-05. Originally, construction of anoff-street bituminous trail and installation of street lighting, from Silver Bell Road to Nicols Road, was included in Contract O 1-05. However, installation of the off-street trail and street lighting, from Rahn Road to Nicols Road, was removed from Contract O1-OS due to difficulties in acquiring timely access easements from some adjacent property owners. As part of the City's redevelopment efforts, the adjacent properties have been purchased by either the Eagan Economic Development Commission or US Homes/Lennar which provides convenient access to these properties for the construction of the proposed trail and lighting improvements. 2.0 Scope This project provides for the following improvements: ^ Construction of an 8-foot wide, off-street bituminous trail. ^ Construction of modular-block retaining walls adjacent to the proposed trail. ^ Reconstruction of driveways and a portion of the existing parking lot at the Cedarvale Business Center to facilitate construction of the proposed trail. ^ Replacement of existing, non-compliant ADA pedestrian ramps along Cedar Grove Parkway, including at Rahn Road and Nicols Road. ^ Installation of street lighting. ^ Installation of ornamental fencing. Page 1 ~7 3.0 Feasibility and Recommendations This project is necessary to provide for safe pedestrian and vehicle movement along Cedar Grove Parkway. It also complies with the Council approved concept plan (Village Plaza) for the Cedar Grove Redevelopment Area. On December 13, 2004, the City Council approved the Community Transportation Trail System Policy for staff implementation. The policy states that proposed sidewalk/trail segments should be evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in mind proper fiscal responsibility. The policy also states that its guidelines should be used as a general method to rank all future sidewalk/trail segments to be constructed as public improvements. In reviewing the proposed trail segments throughout the City, the trail policy evaluation indicated a very high ranking for this segment. Based on this evaluation, the trail segment is strongly supported by the City's trail policy. This project is cost-effective in that the trail and lighting improvements will be constructed as a whole instead of in portions by individual contracts. It is recommended that these improvements be combined with other similar improvements within the City to encourage additional cost saving due to the benefit of scale. 4.0 Proposed Improvements 4.1. Bituminous Trail This project provides for the construction of an 8-foot wide bituminous trail with a variable width boulevard green space adjacent to Cedar Grove Parkway from Nicols Road to Rahn Road. The proposed bituminous trail will supplement the safety lanes within the existing roadway and provide multiple options for cyclists and pedestrians. Typical sections of the proposed trail construction are shown in Figure 2. Construction of the proposed trail will require reconstruction of portions of the existing driveways and parking lot at the Cedarvale Business Center. Reconstructing the Page 2_ driveways and portions of the existing parking lot will provide for acceptable grades on the driveways and reduce the height of the proposed modular block retaining wall. Construction of a bituminous trail was required as part of the development agreement and is shown on the construction plans for Nicols Ridge, from Nicols Road to the east property line of the Nicols Ridge Plat. US Homes/Lennar has requested that the improvements be constructed by the City as part of a City Improvement project. Under this arrangement, US Homes/Lennar should still be responsible for the full costs for making this improvement immediately adjacent to Nicols Ridge per the terms of the development agreement. 4.2. Modular Block Retaining Wall Construction of modular block retaining wails is required in several locations due to the significant elevation difference between the proposed trail and existing ground at the right-of--way line. 4.3. Street Lighting As part of the Cedar Grove Redevelopment efforts, the City Council authorized a design study in 2002 to create a unified and enhanced appearance for the Redevelopment District. The study recommended a general design concept and specific streetscape improvements within the Redevelopment district. These recommendations include the installation of decorative street lighting along Cedar Grove Parkway. The proposed decorative street lighting is intended to further enhance the pedestrian environment and improve the safety of vehicles traveling along Cedar Grove Parkway Installation of decorative street lighting was required as part of the development agreement and is shown on the construction plans for Nicols Ridge, from Nicols Road to the east property line of the Nicols Ridge Plat. US Homes/Lennar has requested that the improvements be constructed by the City as part of a City Improvement project. Under this arrangement, US HomeslLennar Page 3 should still be responsible for the full costs for making this improvement immediately adjacent to Nicols Ridge per the terms of the Nicols Ridge development agreement. 4.4. Ornamental Fencing The design study also recommended the installation of ornamental fencing to further enhance the pedestrian environment and provide a unified appearance in the Cedar Grove Redevelopment district. Installation of ornamental fencing was required as part of the development agreement and is shown on the construction plans for Nicols Ridge, from Nicols Road to the east property line of the Nicols Ridge Plat. Similar to the decorative street lighting, US HomeslLennar has requested that the improvements be constructed by the City as part of a City Improvement project. Under this arrangement, US Homes/Lennar should still be responsible for the full costs for making this improvement per the terms of the Nicols Ridge development agreement. `t ~~ Installation of ornamental fencing is also proposed adjacent to the proposed retaining wall on the southwest corner of Cedar Grove Parkway and Rahn Road as a safety precaution. The height of the proposed retaining wall will vary from 5 feet to 7 feet ~,~~"~ ~ :,~] ~ ~~ ~,;'` t;-- ~ presenting a significant fall hazard. The decorative fence installed in this location will include several masonry posts to compliment the existing "gateway" monumentation present at this intersection. 5.0 Easements/Permits Temporary construction easements will be required from six (6) parcels along the length of the project as shown in the following table: Page 4 q~ PID No. Address Estimated Temporary Easement (sq. ft.) 10-01900-020-12 3996 Cedar Grove Pkwy 1,300 10-01900-030-12 3990 Cedar Grove Pkwy 1,400 10-01900-042-12 3986 Cedar Grove Pkwy 850 10-01900-041-12 3980 Cedar Grove Pkwy 1,460 10-72840-011-O1 3932 Cedar Grove Pkwy 31,250 10-72840-020-01 3900 Cedar Grove Pkwy 3,050 Total 37,710 Notes• (1) Parcel is currently owned by Eagan Economic Development Authority (2) Parcel is currently owned by US Homes/Lennar (3) Temporary easement agreement has been secured Additionally, a permanent easement will be required from the following parcel for elements of the reinforced modular block retaining wall which will extend into the parcel: PID No. Address Estimated Permanent Easement (sq. ft.) 10-72840-020-O1 3900 Cedar Grove Pkwy 610 Total 610 It is anticipated that a Minnesota Pollution Control Agency Construction Stormwater Permit for projects disturbing over one acre will be required. 6.0 Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2006 construction costs and includes a 10% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. Cedar Grove Parkway Trail and Lighting Construction $978,900 Page 5 4I 7.0 Assessments A preliminary assessment roll is provided in Appendix B located at the back of this report. An assessment map is shown in Figures 3.1 and 3.2. Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with prior easement agreements, prior development agreements, and the City of Eagan's Special Assessment Policy for sidewalk/trail and lighting improvements adjacent to Community Shopping Center parcels on Local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Local Sidewalks/Trails/Lighting • Community Shopping Center 100%* 0% * The City's Special Assessment Policy states that 100% of the trail and lighting costs are assessable to Community Shopping Center parcels to a maximum amount equivalent to the benefit, or increase, to the property value. 7.1. Nicols Ridge Area The proposed improvements adjacent to the Nicols Ridge Area parcels are included in the Nicols Ridge development agreement. The development agreement states, in part, that US Homes/Lennar should construct these improvements as part of the construction of the Nicols Ridge development. As previously stated, US Homes/Lennar has requested that the improvements be constructed by the City as part of a Public Improvement project. Under this arrangement, US Homes/Lennar is responsible for the full costs of the trail, lighting and fencing improvements from Nicols Road to the east property line of the Nicols Ridge plat. The estimated assessment cost for trail, lighting and fencing improvements adjacent to the Nicols Ridge Area is $558,600. Page 6 ~~ 7.2. Community Shopping Center The City's Special Assessment Policy states that 100% of the trail and lighting improvement costs are assessable to adjacent Community Shopping Center parcels to a maximum amount equivalent to the benefit, or increase, to the property value. A recent preliminary benefit analysis completed by an independent appraiser on a similar streetscaping and trail project within the City estimates that parcels would be benefited in the amount. of $0.077/Square Foot by the proposed improvements. Therefore, the Community Shopping Center assessments will be limited by the preliminary benefit analysis rate of $0.077/Square Foot. The assessment costs for the proposed improvements adjacent to the Cedarvale Business Center, including the reconstruction of a portion of the parking lot, shall be in accordance with the Easement and Assessment Agreement, dated June 1, 2004. The proposed assessment for trail and lighting improvements adjacent to the Cedarvale Business Center is $17,000.00. 8.0 Assessment Financing Options The property owners will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Assessment Schedule (ner $10.000 Assessment) Principal Per Year Interest Per Year Cost Per Year First Year $1,000 $550 $1,550 Tenth Year $1,000 $55 $1,055 Page 7 ~~ 9.0 Revenue Source Estimated Estimated Project Cost Assessment Revenue Balance $978,900 $591,700 $387,200 The City's Major Street Fund will finance the estimated project deficit of $387,200 (39.6% of total). 10.0 Proiect Schedule ^ Present Feasibility Report to City CounciU Order Public Hearing ................................................................. November 15, 2005 ^ Public Hearing ........................................................................... December 20, 2005 ^ State Aid Plan Approval ............................................................ ............ March 2006 ^ Approve Plans and Specifications ............................................. .............. Apri12006 ^ Award Contract .......................................................................... ............... May 2006 ^ Begin Construction ................................................................... .......... July 10, 2006 ^ Project Completion .................................................................... ....October 31, 2006 ^ Final Cost Report ....................................................................... ......November 2006 ^ Final Assessment Hearing .......................................................... ................ Fa112006 ^ First Payment Due with Property Tax Statement ................. ....... May 15, 2008 Page 8 ~~ Appendix A Cedar Grove Parkway Trail and Lighting Improvements City Project No. 888 Preliminary Cost Estimate Improvements Adjacent to Nicols Ridge Item No. Item Unit Est. Q Unit Price Est. Cost 2021.501 Mobilization LS 0.70 $30,000 $21,000 2104.501 Remove Concrete Curb and Gutter LF 80 $6.50 $ 520 2104.505 Remove Bituminous Parkin Lot Pavement SY 590 $2.50 $ 1,475 2105.501 Common Excavation CY 200 $10.00 $ 2,000 2211.501 6" A e ate Base, Cl. 5 (100% Crushed) TON 700 $20.00 $14,000 2350.501 2"Bituminous Walk (LV45030B) SY 1,670 $8.00 $13,360 24] 1.602 F&1 Maso Post EA 7 $4,000.00 $28,000 2521.602 Pedestrian Ram s (w/ Truncated Domes) EA 3 $750.00 $ 2,250 2531.501 Concrete Curb and Gutter, B618 LF 80 $16.00 $ 1,280 2545.501 Electric Li ht S stem A LS 0.67 $126,000 $84,420 2557.603 Ornamental Fence Desi n S ecial LF 1,620 $130.00 $210,600 2563.601 Traffic Control LS 0.70 $2,500.00 $ 1,750 2575.505 Sod and 4" To soil SY 1,980 $5.00 $ 9,900 Subtotal $390,600 + 10% Contingencies $39,100 Subtotal $429,700 + 30% Indirect Costs $128,900 NICOLS RIDGE AREA TOTAL $558,600 !~ Appendix A (continued) Cedar Grove Parkway Trail and Lighting Improvements City Project No. 888 Preliminary Cost Estimate Improvements Adjacent to Community Shopping Center (CSC) Item No. Item Unit Est. Q Unit Price Est. Cost 2021.501 Mobilization LS 0.30 $30,000 $ 9,000 2101.502 Clearin TREE 6 $300.00 $ 1,800 2101.507 Grubbin TREE 6 $200.00 $ 1,200 2104.501 Remove Concrete Curb and Gutter LF 480 $6.50 $ 3,120 2104.505 Remove Bituminous Parkin Lot Pavement SY 2,580 $2.50 $ 6,450 2104.513 Sawin Bituminous Pavement (Full De th) LF 300 $4.00 $ 1,200 2105.501 Common Excavation CY 1,520 $10.00 $15,200 2211.501 6" A re ate Base, Cl. 5 (100% Crushed) TON 1,195 $20.00 $23,900 2350.501 2" Bituminous Walk (I,V45030B} SY 635 $8.00 $ 5,080 2350.505 Bituminous Mixture for Parkin Lot TON 320 $40.00 $12,800 2350.505 Bituminous Mixture for Patchin TON 10 $125.00 $ 1,250 2357.502 Bituminous Material for Tack Coat GAL 90 $2.00 $ 180 2411.602 F&I Maso Post EA 5 $4,000.00 $20,000 2411.618 Modular Block Retainin Wall- Non-Reinf. SF 1,960 $25.00 $49,000 2411.618 Modular Block Retainin Wall- Reinforced SF 1,150 $30.00 $34,500 2503.541 12" RCP Sewer, Cl. 5, Des 3006 LF 50 $26.00 $ 1,300 2506.501 Construct Draina e Structure T e C LF 9 $350.00 $ 3,150 2521.501 4" Concrete Walk S ecial SF 880 $11.00 $ 9,680 2521.602 Pedestrian Ram s (w/ Truncated Domes) EA 14 $750.00 $10,500 2531.501 Concrete Curb and Gutter, B612 LF 480 $14.00 $ 6,720 2545.501 Electric Li ht S stem A LS 0.33 $126,000 $41,580 2545.602 Ad'ust Handhole (PVC) EA ] $500.00 $ 500 2557.603 Ornamental Fence Desi n S ecial LF 200 $130.00 $26,000 2563.601 Traffic Control LS 0.30 $2,500.00 $ 750 2564.602 Pavement Mess e (Handica ) -Paint EA 4 $125.00 $ 500 2564.603 4" Solid Line White- Paint LF 1,]00 $1.50 $ 1,650 2575.505 Sod and 4" To soil SY 1,380 $5.00 $ 6,900 Subtotal $293,900 + 10% Contin encies $29,400 Subtotal X323,300 + 30% Indirect Costs COMMUNITY SHOPPING CENTER TOTAL $ 97,000 $420,300 TOTAL ESTIMATED PROJECT COSTS $978,9D0 q7 Appendix B Cedar Grove Parkway Trail and Lighting Improvements City Project No. 888 Preliminary Assessment Roil Cedar Grove Parkwa Trail and Li htin Im rovements Parcel Parcel ID No. Area (S ware Feet) Rate/ Square Foot Estimated Assessment Outlot A, Beau D Rue Drive Plat 10-13520-010-00 N/A See Note (A) $185,300 Lot 2, Block 1 Beau D Rue Drive Plat 10-13520-020-01 N/A See Note (A) $28,600 Lot 1, Block 1 Beau D Rue Drive Plat 10-13520-010-01 N/A See Note (A) $38,100 Section 19, Twn 27, Range 23 (Un latted 10-01900-020-12 N/A See Note (A) $103,200 Section 19, Twn 27, Range 23 Un latted 10-01900-03 0-12 N/A See Note A) $106,400 Section 19, Twn 27, Range 23 Un latted 10-01900-042-12 N/A See Note A $60,000 Section 19, Twn 27, Range 23 (Un latted) 10-01900-041-12 N/A See Note (A) $37,200 NICOLS RIDGE AREA SUBTOTAL $558,600 Lot 1, Block 1St ker Addition 10-72840-011-01 N/A See Note (A) $17,000 Lot 1, Block 1St ker Addition 10-72840-012-01 43,839 $0.077 $ 3,376 Lot 2, Block 1 S ker Addition 10-72840-020-01 36,847 $0.077 $ 2,837 Section 19, Twn 27, Range 23 (Un latted) 10-01900-010-10 128,254 $0.077 $ 9,876 COMMUNITY SHOPPING CENTER SUBTOTAL 208,940 $ 33,100 PROJECT TOTALS 208,940 $591,700 Notes• (A) Amount of assessment for this parcel is per agreement. qq APPENDIX C Figure 1-Project Location Figure 2- Proposed Typical Sections Figures 3.1 and 3.2- Proposed Improvements/Assessment Maps !~~ 4 G:\Fe :~~ Cedar Grove Parkway Trail & Lighting ~ Figure ~~ `4'" Clty of E~~a~ Project 888 ~ Engineering Department ~ ~ f 3 Q 4' SAFETY LANE 12' DRIVE LANE 44' TYPICAL F-F 12' MEDIAN 4' SAFETY LANE 12' DRIVE LANE TYPICAL SECTION CEDAR GROVE TR TO RAHN RD 3 R W VP 4' SAFETY LANE R W VARIES 33' - 4' SAFETY 44' TYPICAL F-F LANE 12' DRIVE LANE ~ 12' MEDIAN I 12' DRIVE LANE I TYPICAL SECTION 3 Q ORNAMENTAL FENCE ®390D B' 2' 3' CEDAR GROVE PARKWAY STREET LIGHTING 1~ 27. MODULAR BLOC!( 1:4 RETAINING WALL ~ (HEIGHT VARIES) Y BITUMINOUS 6~ AGGREGATE BASE 3 8' B' 2' STT2EET ORNAMENTAL LIGHTING ~ FENCE 27. ~ 1~ 47. NICOLS RD TO CEDAR GROVE TR City of ~~~a~ Engineering Department Cedar Grove Parkway Trail & Lighting Project 888 l~ 2~ BiTUMINOUS 6' AGGREGATE BASE Figure f 2 I 5'-- / ~~O `iV> ~,_ M ~e v~~j OeQa e~`a9 c9\ce 05°1 eP~ea Gac`acl '~~a0 ~r9 yroQQ v~~~ ~~ G° t`i 7``' +'`\~~ ~~~r ~`~~~ ~a~ Qa~~ ~ .o'' G`oz e~ti `b4~ Geaat Q~o~ ~~e ~~~~~ ~ %~ /~/ ~~ / / .. ;~-~ ,~~: .~ 'A ;~. t ti `~O 1 1 `~" .4 --fir ~ ~' 4 ~--~-y-i ~`'~~ ; , i ,: ! ~~ : X909v ~` . ,. i ~ ~= . /- ~, ~ r ,~- ~~ ,~` J ~. ,i' .-. 39.09 / `,; -'~ -- ',\ ~ /, = ;% \ •,• ~._! -- "_ ,~ ~~ ,J _, J i' ; ~' l ~. .! ~\ /~ t• ~,. _ ~.~ LEGEND ~, ,\~\\~_,~` Nicols Ridge Area >~ ~~; ~;-~~'; Community Shopping Center (CSC) ~ ~. ;~RussMatth \BAllen Cedar_Grove_ASSess'1 Cedar Grove Parkway Trail & Lighting Figure City of Ea~a~ Project 888 3.2 Engineering Department I~ Agenda Information Memo December 20, 2005, Eagan City Council Meeting E. PROJECT 932. SLATER ROAD/ WHISPERING WOODS/ SLATER ACRES/ OAK CLIFF PONDS ADDITIONS STREET REVITALIZATION ACTION TO BE CONSIDERED: Approve Project 932 (Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions -Street Revitalization) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past sixteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of the streets within the Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions neighborhood has been programmed for 2006 in the City's 5-Year Capital Improvement Program. In September, 2004, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 7, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions area, located west of Cedar Avenue (Highway 77) and south of Cliff Road. • On November 15, 2005, the feasibility report for Project 932 was presented to the City Council and a Public Hearing was scheduled for December 20 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 15 in the City Hall Conference Room 1 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 153 total properties (70 single-family, 65 townhomes, 17 commercial/ industrial, and 1 City park) proposed to be assessed under this improvement, no property owners~attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages~through~~ ~~S City of Ea~~n Report for Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions Neighborhood Street Revitalization City Project No. 932 Eagan, Minnesota December, 2005 Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINI$TRATDR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. December 1 S, 2005 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions Street Revitalization -City Project No. 932 Dear Mayor and City Council: Attached is our report for the Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions Street Revitalization, City Project No. 932. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, ~RL~~~ ohn P. Gorder Assistant City Engineer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ~/ /~~ John P. Gorder _ i Date: l,2' /~ "O~ Reg. No. 22813 Date: ~0~-/5 _~~ Date: ~ ~ ' ~ ~ `~5 ~a~ TABLE OF CONTENTS Letter of TransmittaUCertification Table of Contents Page Introduction .......................................................................................................1 Scope ................................................................................................................. 2 Feasibility and Recommendations ..............................................................................2 Street Evaluation .................................................................................................. 3 Proposed Improvements ..........................................................................................3 Easements/Permits ................................................................................................ 6 Cost Estimate ....................................................................................................... 7 Assessments ........................................................................................................ 7 Low Density Residential ............................................................................... 8 Commercial/ Industrial 8 Neighborhood Parks 8 Assessment Financing Options ................................................................................. 9 Revenue Source ................................................................................................... 9 Project Schedule ....................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 - 2A &B - 3A - 3B Location Map Street Improvement/Assessment Area Map Typical Section -Overlay - 32' Wide Typical Section -Slater Road / D8~ December 2005 Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions Street Revitalization Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 1.1 miles of 28' to 32' wide local streets within the Whispering Woods/ Slater Acres Additions neighborhood and the 44' wide Slater Road from Cliff Road to Storland Road (0.8 mile) are identifed for street overlay improvements in 2006. Figure 1, located in Appendix C, illustrates the project location. The streets within the Whispering Woods/ Slater Acres neighborhood were constructed from 1983 to 1985, as part of adjacent development, and Slater Road was built in 1983 in conjunction with the TH 77 (Cedar Avenue) construction. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year time frame, will prevent fiu-ther decay of the pavement surface, thus protecting and extending the structural life of the street. Slater Road/ Whispering Woods/ Slater Acres Additions Page 1 ~~l Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood were seal coated various times between 1989 and 1996. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed arid replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer} in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 1.9 miles of roadways. Figures 2A & B, located in Appendix C, illustrate the project area. Included in this project is replacement of the damaged curb and gutter, adjustments and/or replacement of sanitary/storm sewer utility castings, water gate valves, street signage, as well as the removal and replacement of all existing bituminous commercial entrances with concrete aprons per current City standards. Slater Road/ Whispering Woods/ Slater Acres Additions Page 2 ~~~ Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride-ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably Iess expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2006 - 2010) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI ~ Recommended Improvement ~, S6 - 100 ~ Routine Maintenance/Crack Seal/Seal Coat ~ 36 - 55 ; Patch/Repair and/or Overlay 0 35 ~ Reconstruct The 2005 PCI rankings for Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions has a neighborhood weighted average pavement condition rating of 56 which falls in the very lower rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category mostly because of the preparatory maintenance performed by City crews, as mentioned Slater Road/ Whispering Woods/ Slater Acres Additions Page 3 Ill above. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, with this rating and the age of the streets, the 200b construction season is the optimal time to construct the bituminous overlay on these streets. Proposed Improvements Pavement -The proposed street improvements are shown in Figures 3A & 3B. The existing street section for Slater Road consists of a 4 I/Z "bituminous pavement supported by 10" gravel base The existing street section for the local streets consist of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (b'-8' wide) to accommodate a 1'/2-inch bituminous overlay. The overlay, combined with the existing street sections, will provide street sections consistent with current City standards for a collector and residential streets. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter -Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 5% (0.15 miles) of the existing concrete curb and gutter will have to be replaced due to poor drainage and settlements. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod Slater Road/ Whispering Woods/ Slater Acres Additions Page 4 '~ to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. Signage -Traffic control and street identification signage will be replaced if the reflectivity has diminished, support posts have deteriorated, or if the signs or posts no longer meet City standards. Driveway Replacement -The existing bituminous driveway entrance to Lot 1, Block 1 Oak Cliff 6~' Addition (Super America) is proposed to be replaced. The entrance will be reconstructed with~7"-thick concrete entrance aprons in accordance with Eagan Standard Detai1440. This driveway entrance replacement provides a commercial entrance of adequate strength and width and is consistent with similar past projects in commercial/ industrial areas throughout the City, and also consistent with entrances to other commercial/ industrial properties in the area. Sidewalk/ Path Pedestrian Ramps -Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of sixteen truncated dome pedestrian ramps on the concrete sidewalk on the west side of Slater Road. Slater Road/ Whispering Woods/ Slater Acres Additions Page 5 I13 Example of a truncated dome pedestrian ramp Easement/Permits All work will be in the public right-of--way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2006 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay (Local Streets) $ 107,170 • Edge Mill and Overlay (Slater Road) $ 120,740 • Repair Existing Concrete Curb & Gutter $ 74,800 • Concrete Driveway Replacement $ 11,470 Total Project Cost 31$ 4,180 Slater Road/ Whispering Woods/ Slater Acres Additions Page 6 )c~. Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local and collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3) 50% 50% • Commercial/ Industrial 100% 0% • Neighborhood Parks 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Concrete Driveway Replacement 100% 0% Low Density Residential Lots (R-1, R-2, R-3) -Direct Access All residential equivalent properties (70 total single-family) as shown on Figures 2A & 2B, having direct access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street. The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $657 per Single Family Lot and is calculated as follows: 1) Total Frontage Residential (R1,2,3) = 6,625/ 14,046 (Total F.F.) = 47.2% 2) [$107,170 (Mill & Overlay Cost - 32' Wide) x 50% x 47.2%]+ [$120,740 (Mill & Overlay Cost -Slater Road) x 50% x (32/44) x 47.2%] _ $46,020 [Total Residential Assessment (R-l, 2, 3)] 3) $46,020 (Total Residential Assessment) -~ $657 /lot 70 Equivalent Single Family Residential Lots Slater Road/ Whispering Woods/ Slater Acres Additions Page 7 f iS Low Density Residential Lots (R-1, R-2, R-3) -Indirect Access All residential equivalent properties (65 total in Oak Cliff Ponds & 2nd Addition) as shown on Figures 2A & 2B, having indirect access from private streets on to the streets to be improved are proposed to be assessed, based on the amount of development front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-l, R-2, R-3) based on a normal residential width street. The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $117 per Lot with indirect access and is calculated as follows: 1) Total Frontage Residential -Indirect = 1,095/ 14,046 (Total F.F.) = 7.8% 2) [$107,170 (Mill & Overlay Cost - 32' Wide) x 50% x 7.8%]+ [$120,740 (Mill & Overlay Cost -Slater Road) x 50% x (32/44) x 7.8%] _ $7,600 [Total Residential Assessment -Indirect] 3) $7,600 (Total Residential Assessment) ~ $117 /lot 65 Properties -Oak Cliff Ponds Neighborhood Parks Slater Acres Park takes access onto Slater Road and James Street and is proposed to be assessed. The City's Assessment Policy states that 50% of the mill & overlay costs are assessable for neighborhood parks based on a normal residential street width (32 feet). The estimated cost per neighborhood park front foot is $6.99/ foot and is calculated as follows: 1} % Neighborhood Park = 780 f.f. / 14,046 (total f.£) = 5.6% 2) [$107,170 (Mill & Overlay Cost) x 50% x 5.6%] + [$120,740 (Mill & Overlay Cost) x 50% x 5.6% x 32/44] =$5,450 (Park Assessment) 3) $5,450 (Neighborhood Park Assessment) -~ $6.99/front foot 780 Neighborhood Park F.F Slater Road/ Whispering Woods/ Slater Acres Additions Page 8 11~ Commercial and Industrial Lots -Direct Access All commercial and industrial lots (13 lots) as shown on Figure 2A, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for both local and collector streets, regardless of width. The estimated cost per commerciaUindustrial foot to be assessed based on the City Assessment Policy is $16.23/foot and is calculated as follows: 1) % CommerciaUIndustrial w/ direct access = 2,051 f.f. / 14,046 (total f.£) = 14.6% 2) [$107,170 (Mill & Overlay Cost) x 100% x 14.6%] + [$120,740 (Mill & Overlay Cost) x 100% x 14.6%] =$33,270 (Total Commercial/ Industrial Assessment w/ direct access) 3) $33,270 (Commercial/Industrial Assessment) ~ $16.23/foot 2,051 CommerciaUIndustrial F.F Commercial and Industrial Lots -Indirect Access All commercial and industrial lots (6 lots, Oak Cliff 6~' through Oak Cliff 9~' Additions, and Parcel 10-03100-012-25) as shown on Figure 2A, having private street access (42 feet wide) on to the public streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for both local and collector streets, regardless of width. The estimated cost per commercial/industrial foot, with indirect access, to be assessed based on the City Assessment Policy is also $16.23/foot, with the per lot assessment calculated as follows: 1) Commercial/Industrial w/ indirect access = 42 f.f. 2) 42 f.f. x $16.23/ f.f. =$680 (Total Commercial/ Industrial Assessment w/ indirect access) 3} $680 (Commercial/Ind Assessment) ~ $113/ lot 6 lots Slater Road/ Whispering Woods/ Slater Acres Additions Page 9 l~ Non-Assessable Properties 3,453 feet of property adjacent to streets within the project area take alternative access onto streets outside the project area. These properties are not proposed to be assessed for these improvements. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Sinnle Familv Residential Lot = $657 Principal Per Year Interest Per Year Cost Per Year First Year $131 $36 $167 Fifth Year $131 $7 $138 Per $1,000 CommerciaU Industrial Assessment Principal Per Year Interest Per Year Cost Per Year First Year $200 $55 $255 Fifth Year $200 $11 $211 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $209,690 (67% of total}. Project Cost Property Assessment City Contribution Mill and Overlay $227,910 $93,020 ($134,890) Repair Ex. Curb $74,800 -0- ($74,800) Driveway Replace $11,470 $11,470 -0- Totals $314,180 $104,490 ($209,690) Slater Road/ Whispering Woods/ Stater Acres Additions Page 10 i1 ~ Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 15, 2005 Neighborhood Meeting ...................................................................... December 15, 2005 Public Hearing ...................................................................... December 20, 2005 Approve Plans and Specifications ................................................................ February, 2006 Award Contract ................................................................................. March, 2006 Project Completion ....................................................................... September 1, 2006 Final Cost Report .......................................................................... September, 2006 Final Assessment Hearing ..................................................................................... Fall, 2006 First Payment Due with Property Tax Statement ..................................May15, 2007 Slater Road/ Whispering Woods/ Slater Acres Additions Page 11 I I `1 Appendix A -Street Overlay -City Project No. 932 Preliminary Cost Estimate Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions I. Bituminous Street Overlay - 28'-32' Wide Streets Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $1,000.00 $1,000 Mill Bituminous Pavement S.Y. 5,700 $1.15 $6,560 2350/ 2360 Wear Course Mixture Ton 1,500 $40.00 $60,000 Bituminous Material for Tack Coat Gal. 800 $2.00 $1,600 Adjust Valve Box Each 2 $150.00 $300 Repair Valve Top Section w/cover Each 5 $250.00 $1,250 R & R Frame & Ring Casting (Manhole) Each 1 $500.00 $500 Adjust Frame & Ring Casting (Manhole) Each 16 $300.00 $4,800 Traffic Control L.S. 1 $500.00 $500 Replace Traffic & Street Signs L.S. 1 $2,000.00 $2,000 Subtotal $78,510 + 5% Contin encies $3,930 Subtotal $82,440 +30% Contin encies $24,730 Total -Bit Overla $107,170 II. Bituminous Street Overlay -Slater Road Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $1,000.00 $1,000 Mill Bituminous Pavement S.Y. 4,000 $1.15 $4,600 2350/ 2360 Wear Course Mixture Ton 1,700 $40.00 $68,000 Bituminous Material for Tack Coat Gal. 900 $2.00 $1,800 4-Inch White Stri in L.F. 8,500 $0.50 $4,250 4-Inch Double Yellow Stri in L.F. 4,200 $1.00 $4,200 Adjust Valve Box Each 1 $150.00 $150 Repair Valve Top Section w/cover Each 1 $250.00 $250 R & R Frame & Ring Casting (Manhole) Each 1 $500.00 $500 Adjust Frame & Ring Casting (Manhole) Each 4 $300.00 $1,200 Traffic Control L.S. 1 $500.00 $500 Replace Traffic & Street Signs L.S. 1 $2,000.00 $2,000 Subtotal $88,450 ia~ + 5% $4 430 Contingencies , Subtotal $92,880 +30% $27 870 Contin encies , Total -Slater $120,740 Rd III. Repair Existing Concrete Curb & Gutter Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 800 $5.00 $4,000 D412 Concrete Curb and Gutter L.F. 300 $20.00 $6,000 B618 Concrete Curb and Gutter L.F. 500 $21.00 $10,500 Remove Valley Gutter S.Y. 40 $20.00 $800 Concrete Valley Gutter S.Y. 50 $50.00 $2,500 Conc Sidewalk R & R w/ Trunc Domes Each 16 $700.00 $11,200 R & R Frame & Ring Casting (C.B) Each 1 $500.00 $500 Adjust Frame & Ring Casting (C.B) Each 21 $300.00 $6,300 Sod w/Topsoil S.Y. 200 $12.00 $2,400 4" Concrete Sidewalk S.Y. 160 $30.00 $4,800 Bituminous Street Patching Ton 50 $90.00 $4,500 Bituminous Driveway Patching S.Y. 50 $26.00 $],300 Subtotal $54,800 + 5% Contingencies $2,740 Subtotal $57,540 + 30% Indirect Costs $17,260 Total -Curb & Gutter $74,800 IV. Driveway Entrance Replacement Item Unit Est. Qty. Unit Price Est. Cost Driveway Entrance Re lacement S.Y. 120 $70.00 $8,400 Subtotal $8,400 + 5% Contingencies $420 Subtotal $8,820 + 30% Indirect Costs $2,650 Total - Drivewa $11,470 TOTAL PROJECT COST .....................................................$314,180 ~a~ Appendix B -City Project No. 932 Preliminary Assessment Roll Slater Road/ Whispering Woods/ Slater Acres/ Oak Cliff Ponds Additions Street Overlay DIRECT DRIVEWAY ACCESS - RESIDENTIAL Parcel P.I.N. Lot E uivalent Unit Assessment Total Awad Addition 2150 James Street 10-12450-010-01 1 $657 $657 2160 James Street 10-12450-020-01 1 $657 $657 Subtotal 2 $1,314 Cedar Iiei hts Addition 2206 Storland Road 10-16725-010-01 1 $657 $657 2202 Storland Road 10-16725-020-01 1 $657 $657 Subtotal 2 $1,314 Deer Rest Pond 2270 James Court 10-19875-020-01 1 $657 $657 2260 James Court 10-19875-010-O1 1 $657 $657 Subtotal 2 $1,314 Oak Cliff Addition 2200 James Street 10-53550-010-06 1 $657 $657 2196 James Street 10-53550-020-06 1 $657 $657 2192 James Street 10-53550-030-06 1 $657 $657 2188 James Street 10-53550-040-06 1 $657 $657 2184 James Street 10-53550-050-06 1 $657 $657 2180 James Street 10-53550-060-06 1 $657 $657 4797 Slater Road 10-53550-050-04 1 $657 $657 Subtotal 7 $4,599 St. Charles Wood 4790 Slater Road 10-65870-010-O1 1 $657 $657 4786 Slater Road 10-65870-020-01 1 $657 $657 4782 Slater Road 10-65870-030-01 1 $657 $657 4778 Slater Road 10-65870-040-O1 1 $657 $657 4774 Slater Road 10-65870-050-01 1 $657 $657 4770 Slater Road 10-65870-060-01 1 $657 $657 Subtotal 6 $3,942 Slaters Acres 2200 James Court 10-69200-010-00 1 $657 $657 2210 James Court 10-69200-020-00 1 $657 $657 ~~ 2210 James Court 10-69200-030-00 1 $657 $657 2275 James Court 10-69200-090-00 1 $657 $657 2200 James Court 10-69200-010-00 1 $657 $657 2215 James Court 10-69200-150-00 1 $657 $657 2225 James Court 10-69200-140-00 1 $657 $657 2230 James Court 10-69200-040-00 1 $657 $657 2235 James Court 10-69200-130-00 1 $657 $657 2240 James Court 10-69200-050-00 1 $657 $657 2245 James Court 10-69200-120-00 1 $657 $657 2250 James Court 10-69200-060-00 1 $657 $657 2255 James Court 10-69200-110-00 1 $657 $657 2265 James Court 10-69200-100-00 1 $657 $657 Subtotal 14 $8,998 Whis erin Woods Addition 4800 Slater Court 10-83950-041-01 1 $657 $657 4803 Slater Court 10-83950-030-O1 1 $657 $657 4804 Slater Court 10-83950-050-01 1 $657 $657 4807 Slater Court 10-83950-020-01 1 $657 $657 4808 Slater Court 10-83950-060-O1 1 $657 $657 4811 Slater Court 10-83950-010-01 1 $657 $657 4812 Slater Court 10-83950-070-01 1 $657 $657 4816 Slater Court 10-83950-080-01 1 $657 $657 4818 Slater Road 10-83950-090-01 1 $657 $657 4822 Slater Road 10-83950-100-01 1 $657 $657 Subtotal 12 $7,884 Whis erin Woods Second Addition 4884 Storland Court 10-83951-120-01 1 $657 $657 4887 Woods Court 10-83951-040-01 1 $657 ~ $657 4899 Woods Court 10-83951-010-00 1 $657 $657 4895 Woods Court 10-83951-020-01 1 $657 $657 4899 Woods Court 10-83951-010-O1 1 $657 $657 4888 Storland Court 10-83951-130-O1 1 $657 $657 4889 Storland Court 10-83951-110-01 1 $657 $657 4892 Storland Court 10-83951-140-O1 1 $657 $657 4893 Storland Court 10-83951-100-O1 1 $657 $657 2195 Storland Road 10-83951-150-01 1 $657 $657 2199 Storland Road 10-83951-090-01 1 $657 $657 2203 Storland Road 10-83951-080-01 1 $657 $657 4886 Woods Court 10-83951-050-01 1 $657 $657 4890 Woods Court 10-83951-060-01 1 $657 $657 4891 Woods Court 10-83951-030-O1 1 $657 $657 4894 Woods Court 10-83951-070-01 1 $657 $657 Subtotal 15 $9,855 ~~ Whispering Woods Third Addition 2226 Whispering Trail 10-83952-010-02 1 $6S7 $657 4805 Slater Road 10-83952-010-01 1 $657 $657 4809 Slater Road 10-83952-020-01 1 $657 $657 ~ 4813 Slater Road 10-83952-030-01 1 $6S7 $657 Subtotal 4 $2,628 Whis erin Woods Sixth Addition 4847 Slater Road 10-83955-010-O1 1 $6S7 $657 4859 Slater Road 10-83955-010-02 1 $657 $657 Vacant 10-83955-031-00 1 $657 $657 Subtotal 3 $1,971 Whis erin Woods Ninth Addition Vacant 10-83958-010-01 1 $657 $657 Subtotal 1 $657 Un tatted Pro erty 2275 James Court 10-03100-012-51 1 $657 $657 2170 James Street 10-03100-040-SS 1 $6S7 $657 Subtotal 2 $1,314 RESIDENTIAL WITH INDIRECT DRIVEWAY ACCESS Oak Cliff Ponds Addition 4647 Wildwood Street 10-53575-010-04 1 $117 4650 Wildwood Street 10-53575-010-01 1 $117 4651 Wildwood Street 10-53575-020-04 1 $117 4654 Wildwood Street 10-53575-020-01 1 $117 4655 Wildwood Street 10-53575-030-04 1 $117 4658 Wildwood Street 10-53575-030-01 1 $117 4659 Wildwood Street 10-53575-040-04 1 $117 4662 Wildwood Street 10-53575-040-01 1 $117 4663 Wildwood Street 10-53575-050-04 1 $117 4666 Wildwood Street 10-53575-050-01 1 $117 4667 Wildwood Street 10-53S7S-060-04 1 $117 4670 Wildwood Street 10-53575-060-01 1 $117 4671 Wildwood Street 10-53575-070-04 1 $117 4675 Wildwood Street 10-53575-080-04 1 $117 4679 Wildwood Street 10-53575-090-04 1 $117 4683 Wildwood Street 10-53575-100-04 1 $117 4687 Wildwood Street 10-53575-110-04 1 $117 4691 Wildwood Street 10-53575-120-04 1 $117 4695 Wildwood Street 10-53575-130-04 1 $117 4699 Wildwood Street 10-53575-060-03 1 $117 la~- 4702 Wildwood Street 10-53575-060-02 1 $117 4703 Wildwood Street 10-53575-050-03 1 $117 4706 Wildwood Street 10-53575-050-02 1 $117 4707 Wildwood Street 10-53575-040-03 1 $117 4710 Wildwood Street 10-53575-040-02 1 $117 4711 Wildwood Street 10-53575-030-03 1 $117 4714 Wildwood Street 10-53575-030-02 1 $117 4715 Wildwood Street 10-53575-020-03 1 $117 4718 Wildwood Street 10-53575-020-02 1 $117 4719 Wildwood Street 10-53575-010-03 1 $117 4722 Wildwood Street 10-53575-010-02 1 $117 2220 Wyndemere Lane 10-53575-120-01 1 $117 2223 Wyndemere Lane 10-53575-110-01 1 $117 2224 Wyndemere Lane 10-53575-130-01 1 $117 2227 Wyndemere Lane 10-53575-100-O1 1 $117 2228 Wyndemere Lane 10-53575-140-01 1 $117 2231 Wyndemere Lane 10-53575-090-01 1 $117 2232 Wyndemere Lane 10-53575-150-O1 1 $117 2235 Wyndemere Lane 10-53575-080-01 1 $117 2236 W ndemere Lane 10-53575-160-O1 1 $117 2239 Wyndemere Lane 10-53575-070-01 1 $117 2240 Wyndemere Lane 10-53575-170-01 1 $117 Subtotal 42 $4,914 Oak Cliff Ponds 2" Addition 4600 Westwood Lane 10-53576-010-01 1 $117 4620 Westwood Lane 10-53576-010-04 1 $117 4624 Westwood Lane 10-53576-020-04 1 $117 4628 Westwood Lane 10-53576-030-04 1 $117 4632 Westwood Lane 10-53576-040-04 1 $117 4636 Westwood Lane 10-53576-050-04 1 $117 4640 Westwood Lane 10-53576-060-04 1 $117 4644 Westwood Lane 10-53576-070-04 1 $117 4648 Westwood Lane 10-53576-080-04 1 $117 4652 Westwood Lane 10-53576-090-04 1 $117 4656 Westwood Lane IO-53576-100-04 I $I17 2250 Woodhill Court 10-53576-070-03 1 $117 2251 Woodhill Court 10-53576-010-02 1 $117 2254 Woodhill Court 10-53576-060-03 1 $117 2255 Woodhill Court 10-53576-020-02 1 $117 2258 Woodhill Court 10-53576-050-03 1 $117 2259 Woodhill Court 10-53576-030-02 1 $117 ?262 Woodhill Court 10-53576-040-03 1 $117 2263 Woodhill Court 10-53576-040-02 1 $117 2266 Woodhill Court 10-53576-030-03 1 $117 ~as- 2267 Woodhill Court 10-53576-050-02 1 $117 2270 Woodhill Court 10-53576-020-03 .l $117 2271 Woodhill Court 10-53576-010-03 1 $117 Subtotal 23 $2,691 COMMERCIAL/ INDUSTRIAL PROPERTIES Indirect Access Unit Unit Assessment Total Oak Cliff Sixth Addition 2250 Cliff Road 10-53555-010-01 1 $113 $113 Oak Cliff Seventh Addition 2280 Cliff Road 10-53556-010-01 1 $113 $113 Oak Cliff Ei hth Addition 2290 C1iffRoad 10-53557-010-O1 1 $113 $113 Oak Cliff Ninth Addition 2270 Cliff Road 10-53558-010-01 1 $113 $113 2260 Cliff Road 10-53558-020-01 1 $113 $113 Un latted Pro er 3333 C1iffRoad 10-03100-012-25 1 $113 $11.3 COMMERCIAL/ INDUSTRIAL PROPERTIES Direct Access F.F. Rate/ F.F. Street Driveway Total Oak Cliff Sixth Addition 2250 Cliff Road 10-53555-010-01 181 $16.23 $2,938 $11,470 $14,408 Oak Cliff Ninth Addition 2260 Cliff Road 10-53558-020-O1 311 $16.23 $5,048 Oak Cliff Third Addition 4600 Slater Road 10-53552-011-01 443 $16.23 $7,190 Prairie Oaks Addition 4660 Slater Road 10-58650-020-01 332 $16.23 $5,388 4640 Slater Road 10-58650-010-01 430 $16.23 $6,979 Subtotal 762 $12,367 Wentworth Park 4686 Slater Road 10-83568-070-01 51 $16.23 $828 4682 Slater Road 10-83568-060-O1 51 $16.23 $828 ~ 4678 Slater Road 10-83568-050-01 51 $16.23 $828 4672 Slater Road 10-83568-040-01 51 $16.23 $828 ~ 1 acs 4670 Slater Road 10-83568-030-01 51 $16.23 $828 4666 Slater Road 10-83568-020-01 51 $16.23 $828 4662 Slater Road 10-83568-010-01 51 $16.23 $828 Subtotal 355 $5,762 PARK Slater Acres Park 10-53550-070-00 780 $6.99 $5,450 PROPERTY TOTALS Sin le Famil = 70 With Direct D/W Townhomes = 65 With Indirect D/W Nei hbor. Park = 780 f.f C/I Direct Acc. = 2,051 f.f C/I Ind. Acc. = 42 f.f (6 lots TOTAL $104,490 i a~ G:Feasibility Reports2006\Proj 932 Whis Whispering Woods / Stater Acres / Slater Rd. Fig. 1 Location,1~Qaq - Project 932 Engineering ~1 .... CLIFF ROAD :~ - 3333 '9,~ 2290 fS ~'(/ yfoy~ 26D ~ ~ 6+F~,9~ ... ^ ~~` ), -y C'(~ ~Q~~,~ 00 2250 90 C~ e O~,n~ w• ~ 46: OAK CLIFF 7 th ADDITION N~ '~"tl~ _ 228D ~O ~,9~C 2270 OQ (jam iT T 02 y i ~ T s ,~ 1 _ /,lam / ~1 ~ ~\ / ~ ~ ~ \ \ ` ~ ,` ~'oP ,, `.,` . ~' i, ,` --- -- `\ _~_..._ 15~ 09s T LEGEND ~ ~ ~ . ASSESSMENT AREA ® STREET IMPROVEMENTS O 4640 4662 4666 670 4674 4678 4682 4686 Q ~~ ~G m "C~ ~'m ~~Z v i ~ ;, ;. c7~> , _._- i ~ ~ dR ~''~,~ ~ 4770 ~ ; ~ ,~• f ~~ ~` ~ ~~ I __..---- - -_"'~--_ ~ ! `4774 ~ii~~~ Q~~ 1J , _~_ i-___--._ :'--'' ~~ 778 ~~'~ ~` ~~'r '~ ;~ -------- 'i ,,, ~ i" ~~-ti7ez' ,' -F-~i _--.._ ~._•----"." -~.-_..._~,_._ - ~, !'• 2223' .,..4786 ! ~ ~ ''~ _ J r -` -. i% F W E -~-_---, ~ -- `- - ~ ,.,~~ S~ ~A~ o~\o SLATER / '~, DES 22 o~j~ ACRES / S _ ~,~- '_ __ ~P ~~~,~ ' ~ PARK / NO SCALE I /f% ;/~'''~~~ -" t 780' F.F. / ~. t JAMES ST. ~ ~~ ~ G:Feasibility Reports2005\Proj878Cinnomonreidge_assess tt-t-o4 Whispering Woods / Slater Acres / Slater Rd. City Of E~~~II Street Improvements /Area Assessment Map Fig. 2A Engineering Department City Project 932 N i , .~ ,. u - ~ ~, ~ ,;, ' ` % y f t x:4790 • ~ ~. S gT . ~ JAM OAK CLIFF OUTLOT SLATER W E ACRES g ,~,,,s. ~ PARK 1 NO SCALE - J ~ JAMES ST. i . ~ - ~_ . .~' ~' 4797 '•- ~ ~,~.~, ~ ._~ O - -- .- y;.;- =x~rcd 2180 '~ , - ~' `• 2200 2196 2192 2188 2184 2~~ ~ ` 4805 4807 4803 4800 ~ f`°, _ ~~ Q ~~ ~,~,~ OQ 2215 ,E;~;,' ~, ~r ~ ~ a l "t `~~ ~~ ~ 809 ~ ,~•,~ ~' "~~ ~' ?.~i~~ ,y~` ~ 2225 ~.,, 2200 HISPERING TR. 813 8~ ~~o°` ~~,~ " ~~ r-# 2235 ~~~ ,[~~~ ~ 2245 .f~_ ~~ 2220 J~;2210 2170 ~~ ~~ ~ 2226 ~ `~ °~o R~ ~ ~''• Q ~ ~' 4816 ~~~ ~ 2255 ~'-T,,.,`, = ~tiZ' ,pa, 2230 ~ ~ 4820 2265 ~= E i ~ \<~ 2150 { SLA~ h ~C~R 4818 _, ~-9'~'~. 1 G,~.; ,~ 2240 ~~~,-j ~ ~" ~'' ~ 4824 ~ i - -'?1 '-. 2250 • 48 82 2275 2600 ~~ w O ' ' `~~i ,.-.,,:?,4872 ~) ~~~~Q , 484 '~ G SEASONS ~ , p. ,, 460 ~ ~ 4887 ~/'/ 2270 f ~, ~~ ~~. 4859 ~ ~' ' .,v~ ~. ,. ; RING ~ JA .4870 ' ,~, ,, 4891T ~DQ~TV~ ` f ~° ~ N `~I~~E` _ L~ 4889 '~; ' q Y~ 4890 "4.888 ~O 4895 4894 ~:~'~., ,~ -~: i 486 w. h ;,.....,A,~:. 2206 2202 CEDAR HEIGHTS ~ I c 1,' ~' ,,,?/ Q ~ LEGEND ~ . . . . ASSESSMENT AREA ~ ARY~Y ~~ g ~i STREET IMPROVEMENTS i ~ G:Feasibility Reports2006\Proj932 Whispering Woods 11-3o-OS - Whispering Woods / Slater Acres / Slater Rd. Street Im rovements /Area Assessment Ma Fig. z6 City of Ea~a~ p p Engineering Department ~ ~ City Project 932 60' ROW 3" BITUMINOUS SURFACE r- EX. D412 OR 8618 6" CL. 5 AGGREGATE BASE CURB & GUTTER Existing Typical Section EDGE MILL ~ (6'-8' wide) Typ. 0' R 0 ~fi-3~' (F- 1 t/2" TYPE 2350/2360 BITUMINOUS OVERLA REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section G' FeasibilityReports2006\Hillandole_931 \typical sections 11-30-06 Whispering Woods / Slater Acres City of E~~all Fig. 3A Engineering Department ~ Typical Sections -Project 932 ER I V LL. V Hl~l~l'CtI~H I t C3HJt Existing Typical Section Slater Road 80' ROW EDGE MILL (6'-8' wide) Typ. 44' (F- 1 ~/Z" TYPE 2350/2360 BITUMINOUS OVERLAY ~,.,~, ~_ l EX. SIDEWALK REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 4%2 BITUMINOUS SURFACE 10" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section G: FeasibilityReports2006\Hillandale_931 \typical sections 10-70-OS ,5 Clt of E~ aIl Slater Road p ~ Fig.36 Engineering Department T pical Section -Project 932 Agenda Information Memo December 20, 2005, Eagan City Council Meeting F. PROJECT 931, ART RAHN/ HILLANDALE ADDITIONS STREET REVITALIZATION ACTION TO BE CONSIDERED: Approve Project 931 (Art Rahn/ Hillandale Additions -Street Revitalization) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past sixteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of the streets within the Art Rahn/ Hillandale Additions neighborhood has been programmed for 2006 in the City's 5-Year Capital Improvement Program. In September, 2004, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 7, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Art Rahn/ Hillandale Additions area, located north of Diffley Road, east and west of Blackhawk Road. • On November 15, 2005, the feasibility report for Project 931 was presented to the City Council and a Public Hearing was scheduled for December 20 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 15 in the City Hall Conference Room 1 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 226 total properties (14 single-family, 212 townhomes/ condos) proposed to be assessed under this improvement, 2 persons representing 2 properties (< 1 %) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages~through~ • Neighborhood Meeting Minutes, pages /S~ & ~~~ 1 ~.3 • 1 0 a an Report for Art Rahn/ Hallandale Additions Neighborhood Street Revitalization City Project No. 931 Eagan, Minnesota December, 2005 . 1 Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. December 15, 2005 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Art Rahn/ Hillandale Additions Street Revitalization City Project No. 931 Dear Mayor and City Council: Attached is our report for the Art Rahn/ Hillandale Additions Street Revitalization, City Project No. 931. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, ohn P. Gorder Assistant City Engineer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. John P. Gorder TlatP ~~ ' ~ 5 " Grj Reg. No. 22813 ~S Date: ' ~ ~ ~' ! ''' ~ ~r5 ~. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction ........................................................................................................................................1 Scope ..................................................................................................................................................... 2 Feasibility and Recommendations ...................................................................................................... 3 Street Evaluation .................................................................................................................................3 Proposed Improvements ......................................................................................................................4 Easements/Permits ...............................................................................................................................6 Cost Estimate .......................................................................................................................................6 Assessments ..........................................................................................................................................6 Low Density Residential -Art Rahn ...................................................................................... 7 Low Density Residential - Hillandale .................................................................................... 7 Assessment Financing Options ...........................................................................................................8 Revenue Source ....................................................................................................................................8 Project Schedule ...................................................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - I - 2 - 3 Location Map Street ImprovemendAssessment Area Map Typical Section -Overlay 13~ December 2005 Art Rahn/ Hallandale Additions Street Revitalization Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 0.5 miles of 32' wide local streets within the Art Rahn/ Hallandale Additions neighborhood area are identified for street overlay improvements in 2006. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed from 1971 to 1985, as part of adjacent development. A portion of Meadowlark Road was patched under the July 2000 storm mitigation improvements constructed along the northern leg of the street. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. 1 I~ Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood were seal coated various times between 1980 and 1993. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 0.5 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, and water gate valves. 2 I~ Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride-ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By •resurfacing all of the streets within the neighborhood at one time, and economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2006 - 2010) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: j CP I ~ Recommended Improvement ~ ~ 56 - 100 _ Routine Maintenance/Crack Seal/Seal Coat j 36 - 55 ~ Patch/Repair and/or Overlay 0 - 35 ;Reconstruct The 2005 PCI rankings for Art Rahn/ Hillandale Additions has a neighborhood weighted average pavement condition rating of 43 which falls in the lower rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the 3 13~ streets, the 2006 construction season is the optimal time to construct the bituminous overlay on these streets. Proposed Improvements Pavement -The proposed street improvements are shown in Figure 3. The existing street section for the local streets consist of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/z-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standazds for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter -Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 30% (0.15 miles) of the existing concrete curb and gutter will have to be replaced due to poor drainage and settlements. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. 4 ~~ Signage -Traffic control and street identification signage will be replaced if the reflectivity has diminished, support posts have deteriorated, or if the signs or posts no longer meet City standards. Sidewalk/ Path Pedestrian Ramps -Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of four truncated dome pedestrian ramps on the bituminous path at North Meadowlark Road and South Meadowlark Road. Example of a truncated dome pedestrian ramp ' ~/ Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Easement/Permits All work will be in the public right-of--way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2006 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay $ 64,600 • Repair Existing Concrete Curb & Gutter $ 59,280 Total Project Cost 12$ 3,880 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local and collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Mill and Overlay • Low Density Residential (R-1,2,3) Repair Existing Concrete Curb and Gutter Assessment Ratio Property City 50% 50% 0% 100% 6 ~~ Low Density Residential Lots (Art Rahn Addition -Kathryn Circle) -All single- family residential properties (14 total) as shown on Figure 2, having access on to Kathryn Circle to be improved are proposed to be assessed, based on the amount of front footage adjacent to the Kathryn Circle. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-l, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $506 per Single Family Lot and is calculated as follows: 1} Total Frontage -Single Family Residential (Art Rahn -Kathryn Circle) = 22% 2) $64,600 (Mill & Overlay Cost) x 50% x 22% _ $7,110 [Total Res. Assmt -Art Rahn Addition] 3) $7,110 (Total Assessment) ~ $506 /lot 14 Single Family Residential Lots Low Density Residential Lots (Hillandale Additions -Meadowlark Road) -All low density residential properties (212 townhouse/ condo units total) as shown on Figure 2, having access on to Meadowlark Roads to be improved are proposed to be assessed, based on the amount of front footage adjacent to the Meadowlark Roads. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-l, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $119 per Townhouse/ Condo Lot and is calculated as follows: 1) Total Frontage -Townhouse/ Condo Residential (Hillandale) = 78% 2) $64,600 (Mill & Overlay Cost) x 50% x 78% _ $25,190 [Total Res. Assmt - Hillandale Additions] 3) $25,190 (Total Assessment) -~ $119 /lot 212 Townhouse/ Condo Lots 7 ~~ Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $506 Principal Per Year Interest Per Year Cost Per Year First Year $101 $28 $129 Fifth Year $101 $6 $107 Townhome/ Condo = $119 Principal Per Year Interest Per Year Cost Per Year First Year $24 $7 $31 Fifth Year $24 $1 $25 Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay $64,600 $32,300 ($32,300) Repair Ex. Curb $59,280 -0- ($59,280) Totals $123,880 $32,300 ($91,580} The City's Major Street Fund will finance the estimated project deficit of $91,580 (74% of total). 8 ~(~' Proiect Schedule Present Feasibility Report to City CounciU Order Public Hearing ......................................................November 15, 2005 Neighborhood Meeting ...................................................................... December 15, 2005 Public Hearing --------• ............................................................. December 20, 2005 Approve Plans and Specifications ................................................................ February, 2006 Awazd Contract ................................................................................. March, 2006 Project Completion ....................................................................... September 1, 2006 Final Cost Report .......................................................................... September, 2006 Final Assessment Hearing ..................................................................................... Fall, 2006 First Payment Due with Property Tax Statement ............................... May 15, 2007 9 ~~ Appendix A -Street Overlay -City Project No. 931 Preliminary Cost Estimate Art Rahn/ Hillandale Additions I. Bituminous Street Overlay Item Unit Est. Q Unit Price Est. Cost Mobilization L.S. 1 $2,000.00 $2,000 Mill Bituminous Pavement S.Y. 3,600 $1.15 $4,140 2350/ 2360 Wear Course Mixture Ton 900 $40.00 $36,000 Bituminous Material for Tack Coat Gal. 500 $2.00 $1,000 Ad'ust Valve Box Each 2 $100.00 $200 Re air Valve To Section w/cover Each 1 $280.00 $280 Ad'ust Frame &Rin Castin (Manhole) Each 11 $200.00 2,200 Traffic Control L.S. 1 $500.00 $500 Re lace Traffic & Street Sins L.S. 1 $1,000.00 $1,000 Subtotal $47,320 + 5% Contin encies $2,370 Subtotal $49,690 + 30% Indirect Costs $14,910 SUBTOTAL $64,600 II. ~2e air Existin Concrete Curb & Gutter Est. Unit Est. Item Unit Q Price Cost Remove Concrete Curb and Gutter L.F. 750 $5.00 $3,750 D412 Concrete Curb and Gutter L.F. 390 $20.00 $7,800 B618 Concrete Curb and Gutter L.F. 360 $21.00 $7,560 Remove Bit. Pavement S.Y. 20 $20.00 $400 Concrete Valley Gutter S.Y. 20 $50.00 $1,000 Conc Sidewalk R & R w/ Trunc Domes Each 4 $700.00 $2,800 Ad'ust Frame &Rin Castin (C.B) Each 3 $300.00 $900 Remove & Replace Catch Basin Structure, Frame &Rin Cst Each 1 $1,500.00 $1,500 Remove & Re lace CB To Slab Each 6 $1,000.00 $6,000 Furnish & Install Castin s Each 7 $500.00 $3,500 Sod w/To soil S.Y. 200 $12.00 $2,400 Bituminous Path Patchin S.Y. 40 $26.00 $1,040 Bituminous Street Patchin Ton 30 $90.00 $2,700 i '~ Bituminous Drivewa Patchin S.Y. 80 $26.00 $2,080 Subtotal $43,430 + S% Contin encies $2,170 Subtotal $45,600 + 30% Indirect Costs $13,680 TOTAL $59,280 TOTAL PROJECT COST $98,530 !~}I Appendix B -City Project No. 931 Preliminary Assessment Roll Art Rahn/ Hillandale Street Overlay Parcel P.I.N. Lot E uivalent Unit Assessment Total Sin le-Famil Art Rahn First Addition Block 1 1815 Kathryn Circle 10-11900-010-01 1 $506 $506 1820 Kathryn Circle 10-11900-140-O1 1 $506 $506 1821 Kathryn Circle 10-11900-020-01 1 $506 $506 1827 Kathryn Circle 10-11900-030-01 1 $506 $506 1830 Kathryn Circle 10-11900-130-01 1 $506 $506 1833 Kathryn Circle 10-11900-040-01 1 $506 $506 1838 Kathryn Circle 10-11900-120-01 1 $506 $506 1839 Kathryn Circle 10-11900-050-01 1 $506 $506 1844 Kathryn Circle 10-11900-110-01 1 $506 $506 1845 Kathryn Circle 10-11900-060-01 1 $506 $506 1847 Kathryn Circle 10-11900-070-01 1 $506 $506 1848 Kathryn Circle 10-11900-100-01 1 $506 $506 1849 Kathryn Circle 10-11900-080-O1 1 $506 $506 1850 Kathryn Circle 10-11900-090-01 1 $506 $506 Total 14 $7,084 Townhouse/ Condo Hillandale Addition No. 1 Meadowlark Rid a Co-o Block 3 4100 Meadowlark Lane 10-32950-011-03 1 $119 $119 4102 Meadowlark Lane 10-32950-012-03 1 $119 $119 4104 Meadowlark Lane 10-32950-013-03 1 $119 $119 4106 Meadowlark Lane 10-32950-014-03 1 $119 $119 4108 Meadowlark Lane 10-32950-015-03 1 $119 $119 4110 Meadowlark Lane 10-32950-016-03 1 $119 $119 4112 Meadowlark Lane 10-32950-017-03 1 $119 $119 4114 Meadowlark Lane 10-32950-018-03 1 $119 $119 4116 Meadowlark Lane 10-32950-019-03 1 $119 $119 4118 Meadowlark Lane 10-32950-020-03 1 $119 $119 4120 Meadowlark Lane 10-32950-021-03 1 $119 $119 4122 Meadowlark Lane 10-32950-022-03 1 $119 $119 4124 Meadowlark Lane 10-32950-023-03 1 $119 $119 4126 Meadowlark Lane 10-32950-024-03 1 $119 $119 4128 Meadowlark Lane 10-32950-025-03 1 $119 $119 4130 Meadowlark Lane 10-32950-026-03 1 $119 $119 4132 Meadowlark Lane 10-32950-027-03 1 $119 $119 4134 Meadowlark Lane 10-32950-028-03 1 $119 $119 4136 Meadowlark Lane 10-32950-029-03 1 $119 $119 4138 Meadowlark Lane 10-32950-030-03 1 $119 $119 i~~ 4104 Meadowlark Lane 10-32950-013-03 1 $119 $119 1744 Meadowlark Road 10-32950-031-03 1 $119 $119 1746 Meadowlark Road 10-32950-032-03 1 $119 $1 I9 1748 Meadowlark Road 10-32950-033-03 1 $119 $119 1750 Meadowlark Road 10-32950-034-03 1 $119 $119 1752 Meadowlark Road 10-32950-035-03 1 $119 $119 1754 Meadowlazk Road 10-32950-036-03 1 $1 I9 $119 1756 Meadowlark Road 10-32950-037-03 1 $119 $119 1758 Meadowlark Road 10-32950-038-03 1 $119 $119 1760 Meadowlark Road 10-32950-039-03 1 $119 $119 1763 Meadowlark Road 10-32950-040-03 1 $119 $119 1764 Meadowlark Road 10-32950-001-03 1 $119 $119 1766 Meadowlark Road 10-32950-002-03 1 $1 I9 $119 1768 Meadowlark Road 10-32950-003-03 1 $119 $119 1770 Meadowlark Road 10-32950-004-03 1 $119 $119 1772 Meadowlark Road 10-32950-005-03 1 $119 $119 1774 Meadowlark Road 10-32950-006-03 1 $119 $119 1776 Meadowlark Road 10-32950-007-03 1 $119 $119 1778 Meadowlark Road IO-32950-008-03 1 $119 $119 1780 Meadowlark Road 10-32950-009-03 1 $119 $119 1782 Meadowlark Road 10-32950-010-03 1 $119 $119 4100 Skylark Lane 10-32950-041-03 1 $119 $119 4102 Skylark Lane 10-32950-042-03 1 $119 ~ $119 4104 Skylark Lane 10-32950-043-03 1 $119 $119 4106 Skylark Lane 10-32950-044-03 I $119 $119 4108 Skylark Lane 10-32950-045-03 1 $119 $114 4110 Skylark Lane 10-32950-046-03 1 $119 $119 4112 Skylark Lane 10-32950-047-03 1 $119 $119 4114 Skylark Lane 10-32950-048-03 1 $119 $119 4116 Skylark Lane 10-32950-049-03 1 $119 $119 41 I8 Skylark Lane 10-32950-050-03 1 $119 $119 Total 51 $6,069 Hillandale Addition No. 1 eadowlark Rid a Co-o Block 4 1735 Meadowlark Road 10-32950-041-04 1 $119 $119 1737 Meadowlark Road 10-32950-042-04 1 $119 $119 1739 Meadowlark Road IO-32950-043-04 1 $I 19 $I 19 1741 Meadowlark Road 10-32950-044-04 1 $119 $119 1743 Meadowlark Road 10-32950-045-04 1 $119 $119 1745 Meadowlark Road 10-32950-046-04 1 $119 $119 1747 Meadowlark Road 10-32950-047-04 1 $119 $119 1749 Meadowlark Road 10-32950-048-04 1 $119 $119 1751 Meadowlark Road 10-32950-049-04 1 $119 $119 1753 Meadowlark Road 10-32950-050-04 1 $119 $119 1755 Meadowlark Court 10-32950-011-04 1 $119 $119 1757 Meadowlark Court 10-32950-012-04 1 $119 $119 i4q 1758 Meadowlazk Court 10-32950-021-04 1 $119 $119 1759 Meadowlark Court 10-32950-013-04 1 $119 $119 1760 Meadowlark Court 10-32950-022-04 1 $119 $119 1761 Meadowlark Court 10-32950-014-04 1 $119 $119 1762 Meadowlark Court 10-32950-023-04 1 $119 $119 1763 Meadowlark Court 10-32950-015-04 1 $119 $119 1764 Meadowlark Lane 10-32950-024-04 1 $119 $119 1765 Meadowlark Court 10-32950-0 l 6-04 1 $119 $119 1766 Meadowlark Court 10-32950-025-04 1 $119 $119 1767 Meadowlark Court 10-32950-017-04 1 $119 $119 1768 Meadowlark Court 10-32950-026-04 1 $119 $119 1769 Meadowlark Court 10-32950-018-04 1 ~ $119 $119 1770 Meadowlark Court 10-32950-027-04 1 $119 $119 1771 Meadowlark Court 10-32950-019-04 1 $119 $119 1772 Meadowlark Court 10-32950-028-04 1 $119 $119 1773 Meadowlark Court 10-32950-020-04 1 $119 $119 1774 Meadowlark Court 10-32950-029-04 1 $119 $119 1776 Meadowlark Court 10-32950-030-04 1 $119 $119 4076 Meadowlark Lane 10-32950-004-04 1 $119 $119 4079 Meadowlazk Court 10-32950-031-04 1 $119 $119 4081 Meadowlark Court 10-32950-032-04 1 $119 $119 4083 Meadowlark Court 10-32950-033-04 1 $119 $119 4085 Meadowlark Court 10-32950-034-04 1 $119 $119 4087 Meadowlark Court 10-32950-035-04 1 $119 $119 4089 Meadowlark Court 10-32950-036-04 1 $119 $119 4091 Meadowlark Court 10-32950-037-04 1 $119 $119 4093 Meadowlark Court 10-32950-038-04 1 $119 $119 4095 Meadowlark Court 10-32950-039-04 1 $119 $119 4097 Meadowlark Court 10-32950-040-04 1 $119 $119 4072 Meadowlazk Lane 10-32950-002-04 1 $119 $119 4074 Meadowlark Lane 10-32950-003-04 1 $119 $119 4076 Meadowlark Lane 10-32950-004-04 1 $119 $119 4078 Meadowlark Lane 10-32950-005-04 1 $119 $119 4080 Meadowlark Lane 10-32950-006-04 1 $119 $119 4082 Meadowlark Lane 10-32950-007-04 1 $119 $119 4084 Meadowlark Lane 10-32950-008-04 1 $119 $119 4086 Meadowlark Lane 10-32950-009-04 1 $119 $119 4088 Meadowlark Lane 10-32950-010-04 1 $119 $119 Total 50 $5,950 Hillandale Addition No.2 Block 1 4186 Meadowlazk Road South 10-32951-010-O1 1 $119 $119 4188 Meadowlark Road 10-32951-020-0 l 1 $119 $119 4190 Meadowlark Road South 10-32951-030-01 1 $119 $119 Total 3 $357 15D Hillandale Addition No.2 Block 2 4178 Meadowlark Road South 10-32951-040-02 1 $119 $119 4180 Meadowlark Road South 10-32951-030-02 1 $119 $119 4182 Meadowlark Road South 10-32951-020-02 1 $119 $119 Total 3 $357 Hillandale Addition No.2 Block 3 4166 Meadowlark Way 10-32951-040-03 1 $119 $119 4170 Meadowlark Way 10-32951-030-03 1 $119 $119 4174 Meadowlark Way 10-32951-020-03 1 $119 $119 4176 Meadowlark Way South 10-32951-010-03 1 $119 $119 Total 4 $476 Hillandale Addition No.2 Block 4 4162 Meadowlark Way South 10-32951-040-04 1 $119 $119 4164 Meadowlark Way 10-32951-030-04 1 $119 $119 4168 Meadowlark Way 10-32951-020-04 1 $119 $119 4172 Meadowlark Wa 10-32951-010-04 1 $119 $119 Total 4 $476 Hillandale Addition No.2 Block 5 4154 Meadowlark Way 10-32951-040-OS 1 $119 $119 4156 Meadowlark Way 10-32951-030-OS 1 $119 $119 4158 Meadowlark Way 10-32951-020-OS 1 $119 $119 4160 Meadowlark Way 10-32951-0 l 0-OS 1 $119 $119 Total 4 $476 Hillandale Addition No.2 Block 6 4148 Meadowlark Way 10-32951-030-06 1 $119 $119 4150 Meadowlark Way 10-32951-020-06 1 $119 $119 4152 Meadowlark Way 10-32951-010-06 1 $119 $119 • Total 3 $357 Hillandale Addition No.2 Block 7 4142 Meadowlark Way 10-32951-030-07 1 $119 $119 4144 Meadowlark Way 10-32951-020-07 1 $119 $119 4146 Meadowlark Way 10-32951-010-07 1 $119 $119 Total 3 $357 Hillandale Addition No.2 Block 8 4122 Meadowlark Way 10-32951-0 l 0-08 1 $119 $119 4124 Meadowlark Way 10-32951-020-08 1 $119 $119 4128 Meadowlark Way 10-32951-030-08 1 $119 $119 4132 Meadowlark Way 10-32951-040-08 1 $119 $119 4136 Meadowlark Road South 10-32951-050-08 1 $119 $119 Total 5 $595 1 SI Hillandale Addition No.2 Block 9 4126 Meadowlark Way 10-32951-010-09 1 $119 $119 4130 Meadowlark Way 10-32951-020-09 1 $119 $119 4134 Meadowlark Way 10-32951-030-09 1 $119 $119 4138 Meadowlark Way 10-32951-040-09 1 $119 $119 4140 Meadowlark Way 10-32951-050-09 1 $119 $119 Total 5 $595 Hillandale Addition No.3 Block 1 4121 Meadowlark Point 10-32952-040-01 1 - $119 $119 4125 Meadowlark Point 10-32952-030-01 1 $119 $119 4129 Meadowlark Point 10-32952-020-01 1 $119 $119 4133 Meadowlark Point 10-32952-010-01 1 $119 $119 Total 4 $476 Hillandale Addition No.3 Block 2 4145 Meadowlark Point 10-32952-020-02 1 $119 $119 4147 Meadowlark Point 10-32952-010-02 1 $119 $119 Total 2 $238 Hillandale Addition No.3 Block 3 4137 Meadowlark Point 10-32952-040-03 1 $119 $119 4139 Meadowlark Point 10-32952-030-03 1 $119 $119 4141 Meadowlark Point 10-32952-020-03 1 $119 $119 4143 Meadowlark Point 10-32952-010-03 1 $119 $119 Total 4 $476 Hillandale Addition No.3 Block 4 4117 Meadowlark Point 10-32952-060-04 1 $119 $119 4119 Meadowlark Point 10-32952-050-04 ~ 1 $119 $119 4123 Meadowlark Point 10-32952-040-04 1 $119. $119 4127 Meadowlark Point 10-32952-030-04 1 $119 $119 4131 Meadowlark Point 10-32952-020-04 1 $119 $119 4135 Meadowlark Point 10-32952-010-04 1 $119 $119 Total 6 $714 Hillandale Addition No.3 Block 6 4112 Meadowlark Road 10-32952-040-06 1 $119 $119 4114 Meadowlark Road 10-32952-030-06 1 $119 $119 4116 Meadowlark Point 10-32952-020-06 1 $119 $119 4118 Meadowlark Road 10-32952-010-06 1 $119 $119 Total 4 $476 Hillandale Addition No.3 Block 7 4102 South Meadowlark Road 10-32952-010-07 1 $119 $119 4104 Meadowlark Road 10-32952-020-07 1 $119 $119 4106 Meadowlark Road South 10-32952-030-07 1 $119 $119 ~~~ 4108 Meadowlark Road South 10-32952-040-07 1 $119 $119 4110 Meadowlark Road South 10-32952-050-07 1 $119 $119 Total 5 $595 Hillandale Addition No.3 Block 8 4090 Meadowlark Road South 10-32952-060-08 1 $119 $119 4092 Meadowlark Road South 10-32952-050-08 1 $119 $119 4094 South Meadowlark Road 10-32952-040-08 1 $119 $119 4096 Meadowlark Road 10-32952-030-08 1 $ 119 $119 4098 Meadowlark Road 10-32952-020-08 1 $119 $119 4100 Meadowlark Road South 10-32952-010-08 1 $119 $119 Total 6 $714 Hillandale Addition No.3 Block 9 4074 Meadowlark Road 10-32952-010-09 1 $119 $119 4076 Meadowlark Road South 10-32952-020-09 1 $119 $119 4078 Meadowlark Road 10-32952-030-09 1 $119 $119 4080 Meadowlark Road South 10-32952-040-09 1 $119 $119 Total 4 $476 Hillandale Addition No.3 Block 10 4082 Meadowlark Road 10-32952-010-10 1 $119 $119 4084 Meadowlark Road 10-32952-020-10 1 $119 $119 4086 Meadowlark Road 10-32952-030-10 1 $119 $119 4088 Meadowlazk Road 10-32952-040-10 1 $119 $119 Total 4 $476 River Bluff Townhomes 4009 Meadowlark Curve 10-64300-049-04 1 $119 $119 4013 Meadowlark Curve 10-64300-013-04 1 $119 $119 4017 Meadowlark Curve 10-64300-017-04 1 $119 ~ $119 4021 Meadowlark Curve 10-643 00-021-04 1 $119 $119 4025 Meadowlark Curve 10-64300-025-04 1 $119 $119 4029 Meadowlark Curve 10-64300-029-04 1 $119 $119 4033 Meadowlazk Curve 10-64300-033-04 1 $119 $119 4037 Meadowlark Curve 10-64300-037-04 1 $119 $119 4041 Meadowlark Curve 10-64300-041-04 1 $119 $119 4045 Meadowlark Curve 10-64300-045-04 1 $119 $119 4049 Meadowlark Curve 10-64300-049-04 1 $119 $119 4053 Meadowlark Curve 10-65300-053-04 1 $119 $119 4055 Meadowlark Curve 10-65300-055-04 1 $119 $119 4056 Meadowlark Curve 10-64300-056-04 1 $119 $119 4059 Meadowlark Curve 10-64300-059-04 1 $119 $119 4060 Meadowlark Curve 10-64300-060-04 1 $119 $119 4063 Meadowlark Curve 10-64300-063-04 1 $119 $119 4064 Meadowlark Curve 10-64300-064-04 1 $119 $119 ~ 53 4067 Meadowlark Curve 10-643 00-067-04 1 $119 $119 4068 Meadowlark Curve 10-64300-068-04 1 $119 $119 4071 Meadowlark Curve 10-64300-071-04 1 $119 $119 4072 Meadowlark Curve 10-643 00-072-04 1 $119 $119 4075 Meadowlark Curve 10-64300-075-04 1 $119 $119 4076 Meadowlark Curve 10-64300-076-04 1 $119 $119 4079 Meadowlark Curve 10-64300-079-04 1 $119 $119 4080 Meadowlark Curve 10-64300-080-04 1 $119 $119 4083 Meadowlark Curve 10-64300-083-04 1 $119 $119 4084 Meadowlark Curve 10-64300-084-04 1 $119 $119 4087 Meadowlark Curve 10-64300-087-04 1 $119 $119 4088 Meadowlark Curve 10-64300-088-04 1 $119 $119 4091 Meadowlark Curve 10-643 00-091-04 1 $119 $119 4092 Meadowlark Curve 10-643 00-092-04 1 $119 $119 4095 Meadowlark Curve 10-64300-095-04 1 $119 $119 4096 Meadowlark Curve 10-643 00-096-04 1 $119 $119 4099 Meadowlark Curve 10-643 00-099-04 1 $119 $119 4100 Meadowlark Curve 10-643 00-100-04 1 $119 $119 Total 36 $4,284 TOTAL ASSESSMENT _ $32,300 Total Pro erties Sin le-Family =14 Townhouse/ Condo = 212 /~ G:Feosibility Reports2006\Proj 731\Locotion Map t0/2a/o5 Art Rahn / Hillandale Additions ~It ~f ~~ ~Il ~ Fig. 1 ~ ~ Location Map - Project 931 Engineering Department / ~~ GFeosibility Reports2006\Proj931_Hillondale Add.\Fiq. 2 10-24-05 Art Rahn / Hillandale Additions ~lt~ Of E~~~~ Street Improvements /Assessment Area Fig. 2 Engineering Department r ~ Project 931 0' R 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section 60' ROW 32' (F-F EDGE MILL ~ (6'-8' wide) Typ. 1~/2' TYPE 2350/2360 BITUMINOUS OVERLAY BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section G: FeasibilityReports2006\Hillandale_931 \typical sections EX. D412 OR 8618 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED 70-10-OS } Art Rahn / Hillandale Additions C1ty Of ~~~~~ Fig.3 Engineering Department ~ S~ Typical Sections -Project 931 CITY PROJECT NO 931 INFORMATIONAL NEIGHBORHOOD MEETING ART RAHN/ HILLANDALE STREET REVITALIZATION THURSDAY, DECEMBER 15, 2005 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 2 residents representing 2 properties (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • What would happen if the project is delayed? Will it come back for consideration in 2 or 3 years? Given the age and condition of the streets, the project would be scheduled for consideration by the Council next year, if the project was not approved this year. • Can the City's contractor do private driveway work, also? The contractors we deal with generally prefer not to do that type of work. They prefer to stay within the public street, but sometime have another contractor they work with closely that may be available to perform that work. The residents are welcome to contact the contractors to discuss this possibility, if they wish. • How is the curb & gutter replacement determined? City staff walks the curb lines, preferably after a rainfall, to determine which portions of curb are to be replaced due to severe cracking or poor drainage. • How is the condition of the street determined? Is this improvement also based on its age? City staff periodically rates the condition of each street. The ratings are based on the amount and severity of cracks, rutting, or detioration of the street. Age of the street also is considered in the decision to propose overlay of a street. • Will the sewers or water main be repaired? City crews have verified that the public utilities are in good shape and do not need repair. The meeting adjourned at 6:50 p.m. G:FR/200G/Minutes-931 Art RaUn-Hillandale if NEIGHBORHOOD MEETING ART RAHN (KATHRYN CIRCLE) HILLANDALE (MEADOWLARD RD) PROJECT 931 THURSDAY, DECEMBER 15, 2005, 6:30 P.M. NAME ADDRESS r' r- 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet /~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting G. WETLAND DELINEATION SALEM COMMUNICATIONS ACTION TO BE CONSIDERED: Receive and Affirm the Wetland Delineation Report for Parcel No. 10-03100-012-03 (2110 Cliff Road). FACTS: • Salem Communications owns the property at 2110 Cliff Road, home of AM 1280, The Patriot, radio station. The owner is planning to expand the radio studio. • As part of the owner's request for a Conditional Use Permit and various setback variances related to the radio studio expansion, city staff was made aware of a potential wetland impact. • On September 6, 2005, the City Council approved the requested Conditional Use Permit and setback variances allowing the proposed radio studio. • Minnesota Wetland Conservation Act (WCA) rules provide that the local government unit (LGU) be responsible for wetland-related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no-loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent focused interest and challenges to wetland-related decisions have established administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A wetland delineation report was filed November 18, 2005, by a Professional Wetland Scientist for this site after field verification and approval by the Water Resources Coordinator. No wetland impact is anticipated by the proposed radio studio expansion. • The report has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • LGU Findings of Fact, page ~_. • Location Map and site plan, page tea-. ~ (p~ Date:12/12/2005 LGU: City of Eagan County: Dakota LGU Contact: Eric Macbeth Project Name/#:Salem Communications Phone #: 651.675.5300 Location of Project: NW 31 27N 23W '/. '/< '/z Sec. Twp. Range Lot/Block City: Ewan County: Dakota 1. Type of determination requested (check those that apple}: Exemption (WCA Exemption # ) No-Loss X Wetland Boundary and Type Replacement Plan 2. Description of Wetland(s) with proposed impact: a. Wetland Type (Circular 39) 1 (Cowardin) PEMA b. Wetland Size N/A c. Size of Proposed Impact (acres and square feet) NIA 3. Have sequencing requirements been met? Attach Sequencing Finding of Fact as supporting information. ^ Yes ^ No (if no, list why) NIA 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? ^Yes ^ No (if no, list why) N/A 5. How will the project affect the following wetland functions: N/A Functions Impact Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation Aesthetics/Recreati on Shoreland Anchoring Wildlife Habitat Fisheries Habitat Rare PlandAnimal Habitat Commercial Uses No Impact Improve For replacement plan or no-loss determinations, are wetland functions maintained at an equal or greater level? ^ Yes ^ No (if no, list why) N/A Is approval of the activity proposed in item l .recommended? ® Yes ^Yes, with Conditions ^ No (if no, list why) If no, why? 8. 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I 00'S91 t I 3S t.60.0N : _ ° ~ c • p " ° .... ~ _ ., F-u :: ~ Y e L a e i I i '~~ ~ ~ I (I". wnu.w 4'^.J .w..p Hump) ~ , .... ~ .-. _.........,.... _ \, ~ i ~-~ Y rA.eY 'l! av.u..1 IC uwl ` q~ I; ~ ~ .JV/ ..b pnwY°N .u~ F xuw.i v Agenda Information Memo December 20, 2005 Eagan City Council Meeting OLD BUSINESS A. 2006 Fee Schedule ACTION TO BE CONSIDERED: To adopt a resolution approving the 2006 Fee Schedule establishing fees for various City services, supplies and materials. FACTS: • Changes implemented by the Council in 2004 placed most fees at or near the median of comparable cities. • For 2006, many fees aze proposed to be adjusted upwazd for inflation and/or other reasons. It is anticipated the revisions will continue to place Eagan's fees generally at or near the median of comparable cities. • Proposed service fee items that are new are: winter ROW excavation permit (p.5 of fee schedule); fixed-valuation building permits for re-roofing, windows, and siding (p.8); permits for commercial driveway construction in City ROW and commercial utility connection in City ROW (p.10); Holz Farm barn rental (p.20); and fitness attendance activity reports (p.21). • Additional information regarding recent State restrictions placed on sanitary sewer connection charges (p.12), and their impact on the Fee Schedule, will be made available to the Council on Monday, December 19. ATTACHMENTS: • A summary of notable changes for 2006 is attached on page ~cP~ • A copy of the existing 2005 Fee Schedule marked up with proposed changes for 2006 is attached on pages (~~ through /~~ . • A copy of the resolution adopting the 2006 Fee Schedule is attached on page r q Cp . /(0 3 2006 Fee Schedule Summary of Notable Proposed Changes December 20, 2005 Page 4,5 Planned Development Amendment fee is increased from $150 to $250, and Vacation Proceedings fee is increased from $300 to $400, based on Planning Division's evaluation of processing time spent. The old fees have been in effect for nine years. Page 5 TIF processing fee is increased from $500 to $5,000 to be consistent with the industrial revenue bond and multi-family housing bond processing fees. Fees in this range are common among comparable cities. Applicants are realizing significant savings by utilizing the City's name and tax-exempt status in issuing bonds at lower rates than they could get on their own credit alone. Page 5 Grading and excavation permit fees are changed to a more graduated basis. Page 6 Escrow deposits on contract management, CUP/IUPs and zoning are increased. Escrows represent initial deposits, not actual charges. The City has experienced a significant number of escrow accounts with negative balances, and collection of additional deposits has sometimes posed problems. Current deposit requirements have been at the same level since 1995, while staff rates and consulting fees charged against the deposits have escalated significantly. Page 6 Escrow deposits for industrial revenue bond, multi-family housing bond, and TIF processing are established to cover out-of-pocket costs, primarily bond counsel. Page 7 Parkland and water quality dedication increases reflect the fee proposal presented by Parks and Recreation Director Juli Johnson at the November 7 City Council workshop. Page 12 Connection and availability charges are generally increased by the Engineering News Review (ENR) index, per the City's standard practice. The ENR index for the past year was 7.6%. The State no longer allows sanitary sewer connection charges to be calculated on an area basis. Staff is still in fhe process of determining non-area-based fees, and additional information will be forwarded to the Council on Monday, December 79. Page 13 Water and sanitary sewer usage rates are increasing, but the fixed administrative fees for the services are reduced. Atypical four-person household (20,000 gallons/quarter) would see their water/sewer portion increase less than 1 % from $69.30 to $69.90/quarter. Atypical two-person household (10,000 gallons) would see a 5.7% decrease from $40.20 to $37.90/quarter. Modest increases in storm water drainage and streetlighting rates will add no more than $0.75/quarter for a single-family residence. Page 15 Water meter rates reflect the City's cost. Page 16 Street assessment rates are increased by the ENR index, per standard practice. Page 19 Holz Farm barn daily rental rates are proposed. Page 22 Police contractual security rates are increased 4%. Page 23 Fire personnel and equipment rates, primarily for billing of hazmat cleanup costs, are increased. Page 26 Legal fees are up less than 3%. Page 27 Antenna lease rentals are increased 6% per existing contract provisions. 1~~- City of Ea~a~ kr , _ ~r. ~ s' t 1 ~`, ~_~ ~ ~ ~: Approved by the City Council at its meefing. Fees are effective January 1, 20~ ~v I~ Table of Contents Page Licenses and Permits Alcohol .................................................. .....................................................................1 Other ..................................................... .....................................................................2 Tobacco and Liquor License Violations .....................................................................3 Development Review ......................................... .....................................................................4 Construction-related Permits ............................. .....................................................................5 Escrow Deposits ................................................ .....................................................................6 Other Development-related Charges Park, Trail, Water Quality Dedication .... .....................................................................7 Tree Mitigation/Replacement ................ .....................................................................7 Inspections Fees/Permits Building Permits .................................... .....................................................................8 Mechanical Permits ............................... .....................................................................9 ~lumbing Permits .................................. .....................................................................9 Other Inspections .................................. ...................................................................10 State Surcharge .................................... ...................................................................11 Utilities Fees/Charges Connection/Availability Charges ........... ...................................................................12 User Rates ............................................ ...................................................................13 Other Utilities Fees ............................... ...................................................................14 Water Meters ........................................ ...................................................................15 Street and Trail Special Assessment Rates ...... ...................................................................16 Other Assessment-related Charges .................. ...................................................................16 Parks and Recreation Charges .......................... ...................................................................17 Community Center Fees .................................... ...................................................................20 Police Department Charges ............................... ...................................................................22 Fire Department Charges .................................. ...................................................................23 Fire Department Training Room Rental ............. ...................................................................24 Equipment and Staff Rates ................................ ...................................................................25 City Attorney & Other Consultant Rates ............ ...................................................................26 Miscellaneous Fees/Charges ............................. ...................................................................27 Summary of Connection Charges ...................... ...................................................................29 ~ittu~~S ~m i~'3 q lO~ 2008` FEE SCHEDULE ALCOHOL LICENSES AND PERMITS Fee Acct Code Beer Application and investigation $ 500.00 (1) 1101.4239 Off-sale license 100.00 0401.4056 On-sale license 450.00 0401.4056 Temporary license 25.00 0401.4056 t_i uor Application and investigation 500.00 (2) 1101.4239 Off-sale license 200.00 0401.4055 On-sale license " Annual sales < $275,000 5,300.00 " Sales $275,000-550,000 6,300.00 " Sales > $550,000 7,300.00 " Sunday license 200.00 " On-sale club license < 200 300.00 0401.4055 201-500 500.00 " 501-1,000 650.00 " 1,001-2,000 800.00 " 2,001-4,000 1,000.00 " 4,001-6,000 2,000.00 " > 6,000 3,000.00 " Temporary (up to 3 days) 150.00 " Wine Application and investigation 500.00 (1) 1101.4239 On-sale license 1,900.00 0401.4055 Sunday license 100.00 0401.4055 Daily consumption and display 25.00 0401.4055 Annual consumption and display 300.00 " Daily sports or convention 50.00 " Annual sports or convention 600.00 " Duplicate license 5.00 0401.4230 Change in managers 300.00 1101.4239 (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and investigation fee is $500.00. (Acct code 9001.2248) (2) Also requires additional fee of $200/person or entity beyond five having an interest in the proposed licensed establishment. A $1,000 escrow for up to five applicants residing outside of the state is required, plus $200/person beyond five with an interest. ~~0-7 ~ b 200 FEE SCHEDULE OTHER LICENSES AND PERMITS Fee Acct Code Adult establishments: Investigation $ 300.00 Requires $1,000 escrow 1101.4239 Annual license 5,000.00 0401.4067 Adult companionship/escort service provider: Investigation 300.00 Requires $1,000 escrow 1101.4239 Annual license (one license included w/ 850.00 0401.4067 adult establishment license) Amusement, mechanical 1-3 machines 25.00 per machine 0401.4062 4-9 machines 200.00 total " 10-15 machines 350.00 total " > 15 machines 500.00 total " Contractors license -Plumbing OR Sewer and Water Unlicensed Dance hall -initial investigation Dance hall -annual permit Dance, public -single event Dangerous dog registration Original registration, sign, and tag Registration renewal (2-year) Development-related permits Dog license (2-year) [Licenses are also available at all Eagan veterinary clinics.] Duplicate dog tag Gambling -investigation Golf cart, motorized permit Golf driving range license Hunting, bow permit -resident Hunting, bow permit -non-resident Kennel permit -initial Kennel permit -renewal MN Dept of Health Bond & Ins. Cert. ($25,000), and MN Master Plumbers Cert. ABC, LECET, or MUCA Pipelayer Training Certification & MN Dept of Health Contractor Bond Certificate ($25,000) 300.00 300.00 50.00 1101.4239 0401.4112 25.00 25.00 1101.4061 1101.4061 See pages 4 through 7. -~90'+ ~'g~DO 11101.4061 C.CG a~rb~cd ~~~/ 2.00 1101.4061 250.00 1101.4239 25.00 0401.4114 50.00 0401.4070 10.00 1101.4120 25.00 " 100.00 1101.4212 50.00 1101.4212 Massage therapy establishment -investigation Massage therapy establishment -license Massage therapist -investigation Massage therapist -license Massage therapist -off-site application 300.00 1101.4239 300.00 includes 1 therapist license 0401.4064 100.00 1101.4239 25.00 0401.4064 15.00 0401.4064 f ~~ 2 200,E FEE SCHEDULE OTHER LICENSES AND PERMITS (cont'd) Fee Acct Code Paintball facility -investigation $ 50.00 1101.4239 Paintball facility -license 150.00 0401.4070 Parade permit 25.00 0401.4120 Pawn shop -investigation 850.00 per owner 1101.4239 Pawn shop -license 12,000.00 0401.4065 ~`t shQo~ppliYc~ense ~O OD ~~ ~~~ ~ t 1 ps~ 0401.4063 Ru isTi hauler -commercial, residential, 1 0401.4059 rec cling only, or construction/demolition " debris 1St truck 100.00 " Each additional truck 60.00 " Shows (circus, carnival, etc.) Investigation 50.00 1101.4239 License 25.00 0401.4120 Stables license 50.00 0401.4070 Tobacco sales license 200.00 0401.4057 Tree contractor license 25.00 0401.4058 TOBACCO LICENSE VIOLATIONS: Licensee: First violation at licensed premise $ 75.00 1101.4233 Second violation within 24 months of first violation at licensed premise 200.00 " Third and subsequent violations within a 24-month period at licensed premise 250.00 " Other individuals: 50.00 " LIQUOR LICENSE VIOLATIONS: Licensee: First violation at licensed premise 500.00 1101.4241 Second violation within 24 months 1,000.00 " of first violation Third violation within 24 months 1,500.00 plus seven (7)-day " of first violation suspension of license Fourth and subsequent violations 2,000.00 plus thirty (30)-day " within 24 months of first violation suspension of license /„p 3 ~~ 200 FEE SCHEDULE DEVELOPMENT REVIEW For the charges below that require escrow deposits, refer to p.6 for the amount. Application Type Fee Escrow required? Acct Code Comprehensive Plan Amendment $ 500.00 Yes 0720.4207 Conditional Use Permit (CUP) * 350.00 Yes 0720.4095 Final Planned Development 350.00 Yes 0720.4206 Final Plat 250.00 Yes 0720.4206 Final Subdivision 250.00 Yes 0720.4206 plus 3.00/lot Final Subdivision extension 75.00 No 0720.4206 Interim Use Permit (IUP) * 250.00 Yes 0720.4095 Planned Development -annual review 100.00 No 0720.4223 Planned Development Amendment 250.D0.~5A:~9 Yes 0720.4207 (separate from rezoning) Preliminary Planned Development 250.00 Yes 0720.4206 Preliminary Subdivision * 350.00 Yes 0720.4206 Rezoning * 350.00 Yes 0720.4207 Site plan review 150.00 No 0720.4223 Variance-residential * 200.00 Yes 0720.4205 Variance-non-residential * 300.00 Yes " Waiver of subdivision -duplex lot splits * 50.00 No 0720.4206 Waiver of subdivision -single-family zoned * 300.00 Yes " Waiver of subdivision -other * 150.00 Yes * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. /7~ 4 200~FEE SCHEDULE DEVELOPMENT REVIEW (cont'd) Fee Acct Code Driveway agreement preparation $ 200.00 0720.4206 Lot combination agreement 200.00 0720.4206 Vacation proceedings +00.00 -~9~'tllT plus out-of-pocket City costs on 0720.4220 replacement easements and/or transfer of property if handled outside normal subdiv. process Industrial revenue bond and multi- 5,000.00 plus out-of-pocket City co is 9113.4211 family housing bond processing C6S~ow ~r,~.i~ncrC,~ 9113.4224 Tax increment processing fee ~rDDO.D~98-6th plus out-of-pocket City cpst~s xxxx.4229 c~~w,,~,~;~ . CONSTRUCTION-RELATED PERMITS Construction in City right-of-way/easement Driveway/sidewalk 20.00 2010.4102 Grading/excavation -398:99. 2010.4094 If not preliminary platted 0-5 acres ?pQ.OOP6(~~0-" $aocp each additional acre over 5 50.00 (699:66~maximum) " Renewal 200.00 " RIGHT-OF-WAY (ROW) MANAGEMENT FEES ROW registration fee 40.00 2010.4102 ROW excavation permit 180.00 " ROW excavation fee (new development) 90.00 " Obstruction permit 50.00 " Win+c~r R-OW~~etcv~~,n (~Du. I-~ ~r3t~ Yo.av L AG~~ I ~ -~ auk ~ t ac.~ 3~,rx~ ~'o~.c~ ?ol~,la~ ~~l 5 6 200 FEE SCHEDULE ESCROW DEPOSITS The City requires the following escrow deposits. The amounts represent initial deposits, not actual charges. Additional deposits may be required as City costs are incurred. Initial Escrow De osit Acct Code Preliminary Subdivision application OR $ 250.00 per acre 9001.2245 Preliminary Planned Development OR 2,500.00 minimum for single-family " Waiver of Subdivision-other OR 4,500.00 minimum for C/I and " Comprehensive Plan Amendment townhomes/multiples Waiver of Subdivision -single family zoned 800.00 " Final Planned Development 3,000.00 " Planned Development Amendment 1,500.00 " Final Plat 800.00 Final Subdivision application -1-3 lots Final Subdivision application - 4 or more lots Contract management < $150,000 estimated construction costs $150,001-$500,000 estimated construction costs > $500,000 estimated construction costs Conditional use permit (Not required if subdivision escrow has been collected as part of same application.) Interim use permit -when site plan is involved (Not required if subdivision escrow has been collected as part of same application.) Rezoning (Not required if subdivision escrow has been collected as part of same application.) Variance-residential Variance-non-residential h r~ ~ ~-~~~~ ~u~~l-~~ ~r~~vt, j c~ %~ ~~ 2,000.00 4,000.00 l2 .8% of costs ~ -~h;000.00 minimum 9 ~% of costs 15 x,000.00 minimum 5% of costs 30,0000""0 ""miinimum 500.00 - ~~,w~~ Ir Opo.o~ - Cep ~Snlt 500.00 '~ ~ ~~'~~ I ~va~A~ - c~~ ~~.~ 500.00 - I~vc~,~- ~~~~t iGdyN w~( ~ ~J~ ~6d:fifl"' 500.00 ~ Z ~zd ~. ~~`~~~. 7t,-v U 9001.2245 ~, 9001.2245 9001.2245 9001.2245 I ~~ 6 6 200~FEE SCHEDULE OTHER DEVELOPMENT-RELATED CHARGES Fee Acct Code Parkland dedication: Single-family '~,27g $ 2,009.0 per unit 9328.4670 Duplex 3,ZD(P 2,005 0 per unit Townhouse/Quad •51118 1,90 .00 per unit " Apartments/Multiple 3 p7p 1,9 1.00 per unit Commercial (post-1/1/83) S;~qv 5, 18.00 per net acre Industrial (post-1/1/83) ~}~ SL$ 4 32.00 per net acre " CommerciaUlndustrial (pre-1/1/83) Z ~,gei3 ,266.00 per net acre " Trailway dedication: CommerciaUlndustrial /Public Facility 1,4.5 1,137 0 per net acre 9375.4671 Residential 23~ 2 .00 per unit 9375.4671 Water quality dedication: Water quality dedication fee is equal to the sum of: (1) the cost of the are a of a water quality treatment pond using the per-acre land values below; and (2) the cost of the volume of that pond using the excavation rate below. Dedication fees apply in lieu of or in addi tion to construction or use of an actual treatment pond. Per-acre land values: Single-family $I~~'~ 47,500.0 6501.4672 Duplex i>~ ~'O ~ ~ 47,72 .00 Townhome ~ ~'~ 3; 73,4 6.00 Apartments, Schools & Churches ~42~73`3 88 89.00 Commercial R 1, ~~7 7 ,885.00 Industrial Y t3 1$ 9,900.00 Excavation rate ~ 7.50 per yard Tree mitigation/replacement: Refer to City Code section 11.10, subd. 15.1 for calculation. Individual trees 120.00 per diameter inch 9001.2120 Woodland areas 1.20 per sq ft of woodland 9001.2120 J73 7 6 200,~FEE SCHEDULE INSPECTION FEES/PERMITS Building permits: Building permit fees are based on the 1997 UBC Fee Schedule. Permits are issued to specific lots. A change in address or lot after issuance is subject to a $50.00 transfer fee. Permits with valuation exceeding $10,000 are subject to a Plan Check charge. In addition, there is a State surcharge on all permits; the surcharge fee schedule is on page 11. The following connection and availability charges are also collected with the building permit fees: Sewer availability charge (Met. Council Environmental Svcs -SAC chg) Sewer availability charge (City) Water supply and storage (City} Water meter (5/8") Treatment plant charge Fee ~~530• ~o $1~i69~$0 (These fees are for 100.00 single-family dwelling 1,009.00 permits; see pp.12 & 15 121.00 for fees for other 612.00 construction types.) Acct Code 9220.2275 9379.4681 6101.4680 6101.4509 6101.4685 Buildino permit valuation < $500 501-2,000 2,001-25,000 25,001-50,000 50,001-100,000 100,001-500,000 500,001-1,000,000 > 1,000,000 30.00 30.00 plus 2.60/ $100 valuation* > $500 69.25 plus 14.00/ $1,000 valuation* > $2,000 391.75 plus 10.10/ $1,000 valuation* > $25,000 643.75 plus 7.00/ $1,000 valuation* > $50,000 993.75 plus 5.60/ $1,000 valuation* > $100,000 3,233.75 plus 4.75/ $1,000 valuation* > $500,000 5,608.75 plus 3.65/ $1,000 valuation* > $1,000,000 Building permits for selected work at existing residences: • Lower level remodel, deck, fireplace/fireplace stove, nail salon, greenhouse, re-roof, siding, windows, tent (>200 sq ft, canopy >400 sq ft) 69.00 _~ * or fraction thereof .wu(. ~ 1~~1 ant b~ 3) ~~ v~~~~r~-„r, V9, o rA'~ ~~ °11•Z3r ;060 ~zS,1~ 1~~ $ 0801.4085 ~~ ,. ~~ «. ~~ 0801.4085 9001.2195 200,~FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Mechanical permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Fee Residential (1-2 family, townhomes, condos) New construction $ 70.00 per dwelling unit Modification/alteration (i.e., furnace,A/C,air exch) 30.00 (Permit not required for lower-level ductwork alterations.) Supplementary furnace 50.00 per dwelling unit Commercial/Industrial/Apartment buildings HVAC 1 % of contract price ($50.00 minimum) Process piping systems 50.00 Um~rotpv~.~ ~'Otlr1~ tn~~al~~(,o,-~/rt,~M,orw(.. ?ID.oG Plumbing permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) New construction Modifications that alter living area Add/replace softener, water heater Private sewage disposal system (includes 40.00 County Permit Fee - 9001.2276 Additional, per as-built Abandonment of private sewage disposal System-demolition Abandonment -escrow Turnaround Reduced pressure zone (RPZ) backflow preventer Lawn irrigation system Commercial/Industrial/Apartment buildings Ali plumbing Pv(~~RPZ -new/repairlf'~,fOK,t~d'(~MpY~(, 90.00 50.00 15.00 100.00 10.00 50.00 50.00 30.00 30.00 1 % of contract price 50.00 Fire Suppression Permits: 1 % of contract price ~. l~P~,c ~ ~ ~. ~,~.) Firi~soYl~tS P`+r'rK't{3; ~. 35~.vv ~ r l~ tf V _ ~~~ ~~'ly~' 1o17.av P ln~c~ic~5 F~~ ~4~~5 I DD,vv per dwelling unit ($50.00 minimum) per building ($50.00 minimum) C~a t~t~ Acct Code 0801.4088 0801.4088 0801.4088 0801.4087 u 9001.2276 0801.4087 0801.4093 9001.2257 0801.4087 .~ 0801.4087 0801.4087 0801.4096 I ~~ s b 200,'~FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Other inspections fees: Fee Acct Code Electrical permits Issued by the State Plan check (applies if valuation > $10,000) 65% of building permit fee 0720.4222 Demolition permit $ 75.00 0801.4093 Day Care 50.00 1201.4216 Moving permit-building 75.00 plus cost of damage/ 0801.4093 repairs. Escrow to be determined on case-by-case basis. Sign permit 2.50 per square foot 0720.4089 Temporary sign permit (up to 10 days in a 60-day period) 25.00 0720.4089 Wind energy, radio and TV tower permit Based on value-see building 0801.4092 permit fee schedule Underground storage tank installation/removal 70.00 0801.4088 Building permit investigation fee 50% of plan check fee 0801.4085 (applies to approved permits abandoned by applicant) Building/Plumbing/Mechanical permit investigation fee Double the base fee permits, p.9 (applies when work commences prior to permit issuance) Lot transfer or address change fee 50.00 0720.4222 Replacement building permit field card 5.00 0801.4230 Duplicate certificate of occupancy 5.00 0801.4230 Re-inspection fee 50.00 per hr. - 1 hr minimum 0801.4242 After-hours/weekend inspection fee 50.00 per hr. - 2 hr minimum 0801.4242 Address change after building permit issued 50.00 0201.4230 Permit refunding fee 50.00 permits, pp.8,9 State of MN contractor license verification 5.00 0201.4230 Street name change application 100.00 plus out-of-pocket 0201.4230 City costs CG~~i'o~- ~sctu~lpnn~,y ~l~ t'doG 2D.v CQYhMN~~/l cQ,P'l ~' 7 w.OO w` ~ (Z`'W - ~ ~~~~ M 7 )7t~ ~o 200,~FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) State surcharge The State of Minnesota requires the following permit surcharges to be collected by the City and remitted to the State. Building Permits: Fee Acct Code Value-based permits < $1,000,000 valuation 1,000,001-2,000,000 2,000,001-3,000,000 3,000,001-4,000,000 4,000,001-5,000,000 > 5,000,000 Fixed-fee permits Permit amount 1,000 or less Permit amount > 1,000 .0005 x valuation 500 + .0004 x (valuation - 1,000,000) 0801.4085 900 + .0003 x (valuation - 2,000,000) " 1,200 + .0002 x (valuation - 3,000,000) 1,400 + .0001 x (valuation - 4,000,000) " 1,500 + .00005 x (valuation - 5,000,000) .50 Permit fee x .0005 Mechanical, Plumbing, and Fire Suppression permits: Permit amount $1,000 or less .50 Permit amount > 1,000 Permit fee x .0005 permits, p.9 1--7 -7 11 200 FEE SCHEDULE UTILITIES FEES-USER RATES Fee Acct Code Sanitary sewer Residential and Commercial/Industrial (Usage is based on lower of winter quarter and current quarter water usage.) Administrative fee All usage (min 3,000 gal/qtr) Sewer-only (no water connection) Manual reading/billing fee- deduct meters Water Residential and Commercial/Industrial Administrative fee All usage Hydrant/construction meter-minimum Storm water drainage All properties except R3 R3 properties (20% credit) StreeUsignal liahtina Neighborhood lights Single-family, twin homes (R1/R2) Townhomes (R3) Multiple residential Non-continuous Continuous (per LF basis) Continuous (per acre basis) Individual lights 100 WHPS 150 WHPS 200 WHPS 250 WHPS Community and signal lights R1/R2 R3 R4 Non-residential (. ~~ $ x:80' per bill 6201.4530 Z,.oD 't86 per 1,000 gallons " 4l. is ~~ per quarter " 10.00 per meter, per read " 4- ~~~ 636- per bill 6101.4505 Z~ t~85_ per 1,000 gallons " 5.00 per day " ~2 -1'"ZII' per REF/qtr 6401.4540 S,q3 '5rT~r per REF/qtr 6401.4540 4 ~~ 4.26 per qtr/lot 6301.4550 `~•li'~ 3.4 per qtr/unit " •°3 7. 6 per qtr/account " S',4j. .04 per qtr/acre " ~ ~ V 108 per qtr/LF " !'V,~ 9.62 per qtr/acre " sjZ.s~o 30.2 per light/gtr " •~D 43.5 per light/qtr " ~1,5'j 3 .60 per light/qtr " 7'~J,e ~ .26 per light/gtr " ,~j1 .5 per unit/gtr " , I~~r 3 3 .32 per unit/gtr " per unit/gtr " Z„~~Z~ .13 per unit/gtr " I ~~ 13 b 200~FEE SCHEDULE UTILITIES FEES-OTHER Water shut-off Water meter removal/replacement/resealing Utility bill late charge Certification fee on delinquent utility bills Sewer permit-new or repair of existing Water permit-new or repair of existing . Temporary construction hydrant meters (6 mo max) Permit fee Hydrant damage deposit 5/8" meter damage deposit 3" meter damage deposit 3" backflow preventer & cart damage deposit Trip fee (if required) 3/;' backflow preventer deposit Scheduled after-hours work Call out-2.5 hour minimum Extended day Meter testing (charged only if meter tests correct) 5/8" through 1" 1 '/:' through 2" All other sizes Fee Acct Code rj"Tj.DO $ ~0~ (7am -4pm) 6101.4512 l~,~ •59't7'0' (lam -4 pm) 6101.4512 1.5% per month on 6101.4506 unpaid balance 25.00 per parcel xxxx.4612 50.00 6201.4532 50.00 6101.4507 40.00 per month, 3-month 6101.4521 200.00 deposit required 9220.2254 ~~po -2L'~fr.90 9220.2254 g39,o, ~-a9 1 ,800.00 ~~DD 59'AO 0801.4242 '{jrj,Do g9~90 9220.2254 OT labor rate plus 15%admin fee to max admin of 60.00 OT labor rate plus 15% admin fee ~ (o~t7D '499"'60 6101.4242 (3p,d-a 1~9-A4 6101.4242 Contract cost plus 15% Water turn-on before all work satisfactorily completed (Fee includes refundable deposit of 170.00) Private hydrants Maintenance/flushing Repair Utilities customer list Mailing labels Electronic transmission, weekly new customer list ?.z-S.~ ~ee~es ~Ao Sty Time and material plus 15% 125.00 50.00 per year 170.00 9220.2253 39-A9~-~;~ 6101.4228 6101.4242 6101.4242 0501.4230 0501.4230 C'~G 14 f~ 200,'~FEE SCHEDULE UTILITIES FEES-CONNECTION/AVAILABILITY CHARGES Trunk charges: Fee Acct Code Sanitary sewer oversize Unplatted and platted non-residential 9379.4611 Platted residential ~r(Zp.pp 1,085 0 perJel:-t,(hi~ 9379.4611 Water main oversize Unplatted and platted non-residential 2~.~3pp~p 2,3 0.00 per acre 9378.4611 Platted residential ~~ i7p,po 1, 30.00 per lot 9378.4611 Storm sewer oversize Single-family •Ip3 .10 per sq ft 9377.4611 Multi-family • 13'I~ .128 per sq ft " Non-residential . 1~9 .1 5 per sq ft " Lateral charges: Sanitary sewer ~~?A 53.40 per centerline foot 9379.4611 Water main Single-family ~'S,7O 53.9 per centerline foot 9378.4611 Multi-family and non-residential ~j p,?,p 67.0 per centerline foot 9378.4611 Storm sewer (based on pipe at 15' depth) 12" storm sewer (i0 ~ 550 per centerline foot 9377.4611 15" storm sewer 4Z.ffj 610.60 per centerline foot " 18" storm sewer lid ~ 5.00 per centerline foot " 21" storm sewer 12 •Is 69.80 per centerline foot " 24" storm sewer 42i40 79.70 per centerline foot " Service Charges: Sanitary Sewer: ~ 4" service ~-?3.00 651 f00 per service 9379.4533 8" stub (,~~{.®O 1,49.00 per stub 9379.4533 Water: 1" service '151.OD 27.00 per service 9378.4508 6" stub ~Sj q ~. p0 2 06.00 per stub 9378.4508 Sanitary sewer availability (SAC): MCES portion-all property types ~~IrjQ.DD x;469-09 per SAC unit "' 9220.2275 City portion-all property types 100.00 per SAC unit " 9379.4681 Water supply and storage: ( O'{'3'O~ * Residential , 1,009 0 6101.4680 per SAC unit Non-residential 3~$3p•pD 3,70 .00 per acre " Treatment plant: All property types ~j'3L,Oea 612.00 per SAC unit " 6101.4685 * SAC units are determined by Metropolitan Council-Environmental Services (MCES). ~8D ,2 G 200,E FEE SCHEDULE UTILITIES FEES-WATER METERS Water meters (includes copperhornlstrainer, remote wire, and touch-pad meter) 518" x 3/:' meter 3/:' meter 1"meter 1 '/z" meter 2" compound meter 3" compound meter 4" compound meter 6" compound meter 1 %' turbo meter 2" turbo meter 3" turbo meter 4" turbo meter 6" turbo meter Replacement remote wire (over 50') Replacement outside touch-pad meter #2 copperhorns only Meter strainers only 2" strainer 3" strainer 4" strainer 6" strainer Radio meter read sending unit ~,~, ~6~ ~~~,~ Fee $ 125.00 ~ 3D -~o 161.0 ~ r.'~,OD 296. '1.lD,~ri 429.0 ~ 1 ~j . po 1,849 00 ~~ qd'~..b~' 2,28 .o0 2 5~~'0~ 3,5 .00 ~ 3~ N..~~ s,o s.oo a,~3~•~i 35.00 ~21,D~ 31.00 1, D , b- ,1s2.oo 1,394 +~ ,226.00 Z~•9l~.oa 3,578.00 3~$'1S•~n .12 per foot 17.00 288. Z q-•'~A 36 0 ~3 ~ ~• 9° 5 .00 ~'t (,.Ob 04.00 't 3SJ~~ 141.00 t~5.oo Acct Code 6101.4509 ~. ., .~ ~~ ~~ ,~ 6101.4509 `~ 1 15 6 200 FEE SCHEDULE STREET ASSESSMENTS Fee Acct Code Residential-32' wide Street surfacing ~.NJV $ 43.45 per FF xxxx.4611 / 4612 Street surfacing with grading '~(~~Sb 74.00 per FF " Street surfacing with storm sewer b~Sp 60.45 per FF " Street surfacing w/ grading and storm sewer ' ~4 3p 91.20 per FF " Multiple and Institutional-44 wide Street surfacing 4?O ~ 72.0 per FF " Street surfacing with grading O.~jD I 116 0 per FF " Street surfacing with storm sewer (d5.1S 102/.25 per FF " Street surfacing w/ grading and storm sewer IS I.I~D 14¢.65 per FF " Commercial/Industrial-52' Wide Street surfacing 1 p 1 ?~0 7.90 per FF Street surfacing with grading I SV. 0 51.75 per FF " Street surfacing with storm sewer I'lj~?p 134.15 per FF " Street surfacing w/ grading and storm sewer f194, ~y 188.00 per FF TRAIL ASSESSMENTS q.i5 Concrete-6' wide (includes $4.60/FF sod/grading) 33~D 32. per FF xxxx.4611 / 4612 Bituminous-10' wide (includes $4.86/FF sod/grading) 7,1.Vp 2 85 per FF 413 OTHER ASSESSMENT-RELATED CHARGES Reallocation of special assessments 150.00 0501.4225 Assessment search 10.00 0501.4225 Pending assessment report ~~ -2r'QD' Tv' ~G~ " Final assessment report .L~ .:C9-- per page ~l` " -4.1~-D8-f+rirrirnt~-~n ) Copies of legal description, owners, etc. •?~ .~-A6- per page ~° 0201.4230 ~ If LAS QG~e~ 1~ ~~~ I~c~ 16 b 200,'~FEE SCHEDULE PARKS AND RECREATION CHARGES Residents Non-residents Acct Code All facility rental fees and charges are subject to 6.5% State sales tax. The following facility rental fees require a $150.00 damage deposit (exception: see note at bottom), payable at the time of reservation: Trapp Farm, Thomas Lake, and Blackhawk Park pavilions: All day rental (10am-10 pm) $ 128.00 $ 176.00 xxxx.4625/4626 Half-day rental (10am-4pm, or 5-10pm) 85.00 122.00 " Blackhawk kitchen 43.00 48.00 " Enclosed park shelter buildings: All day rental (10am-10 pm) 128.00 176.00 Half-day rental (10am-4pm, or 5-10pm) 85.00 123.00 " Athletic facilities/shelters: Fields-youth tournament (per field per day) 48.00 96.00 xxxx.4624/4627 Fields-all other users (per field per day) 70.00 140.00 Lights, if required (per field per hour) 53.00 106.00 Building cleaning (per day) 70.00 85.00 xxxx.4625/4626 Eagan Room-City Hall (NOTE: after-hours rental is 2-hour minimum): Youth groups-8 am to 4:30 pm deposit only N/A Youth groups-after hours (per hr) 11.00 N/A Local civic groups-8 am to 4:30 pm deposit only N/A Local civic groups-after hours (per hr) 29.00 N/A Other citizen groups Per hour rental 29.00 50.00 3154.4325 Maximum one-day rental 256.00 266.00 " For-profit organizations Per hour rental 69.00 75.00 3154.4324 Maximum one-day rental 410.00 410.00 Note: School organizations that have a joint powers agreement with the City may use the City's park shelters and pavilions free of charge. However the organization must pay a $300.00 damage deposit per pavilion, per event, per school. 1 ~3 ~ 7 b 200~FEE SCHEDULE PARKS AND RECREATION CHARGES (cont'd) Residents Non-residents Acct Code The following charges are subject fo 6.5% State sales tax: Sun shelters (per day) Picnic kit (requires $50.00 damage deposit) 3 items Each additional item Chuckwagon grill (per day) Canopy (per day) Extra picnic tables, each Tubing reservations for groups of 20-80, (1.5 hour rental) Trapp Farm Park only Field/facility maintenance fees: Traveling youth teams (per team) Adult-up to 9 games (per team) Adult-each additional game > 9 Concessions permit (maximum of 3) Civic Arena rental Ice, prime time (2pm-10pm weekdays) Indoor turf Tennis courts (per court per hour) $ 43.00 $ 64.00 xxxx.4625/4626 7.50 11.00 xxxx.4326 3.50 5.55 " 43.00 64.00 xxxx.4311 70.00 90.00 " 16.00 27.00 3.00 /person 96.00 230.00 32.00 per date 215.00 4.00 /person 3074.4318 N/A 460.00 54.00 per date N/A 150.00 per hr 70.00 per hr 3.00 ~8~f ,$ 150.00 per hr. 70.00 per hr. 4.00 xxxx.4624/4625 ~~ xxxx.4312 66XX.4355/4356 xxxx.4310/4311 200~FEE SCHEDULE PARKS AND RECREATION CHARGES (Cont'd) Residents Moonshine Park: Upstairs - retreat/meeting space (includes availability of overhead/coffee pot/kitchen) 8:OOam -Noon $ 75.00 1:OOpm - S:OOpm 75.00 6:OOpm -10:OOpm 91.00 Full Day (8:OOam -10:OOpm) 213.00 Downstairs -activity space 8:OOam -Noon 64.00 1:OOpm - 5:OOpm 64.00 6:OOpm - 10:OOpm 80.00 Full Day (8:OOam -10:OOpm) 187.00 Non-residents Acct Code $ 85.00 3158.4625/4326 85.00 " 101.00 " 235.00 75.00 75.00 " 90.00 " 208.00 Band Shell at Central Park: Permitted use in partnership with Eagan Parks and Recreation meeting community entertainment criteria: No permit fee Permitted use in conjunction with a Community Center paid permitted use - No permit fee Other use by groups or organizations for private gain - $50.00 per hour 6809.4325/4326 Wetland conservation application fees: Exemption/no-loss determination Replacement plan Banking plan Certificate of completion Wetland decision appeal (refundable) Wetland replacement escrow deposits: Monitoring (5 years @ $1,000/yr ) Reconstruction 100.00 (plus staff review time) 6530.4675 300.00 (plus staff review time) " 300.00 (plus staff review time) " 100.00 " 500.00 " 5,000.00 9001.2257.x 10,000.00 " ~~lz Fcelrw~ hang nr,~~-at : . f:~;rN~1 ~ Jrvinc,- wf- -- ~>~fn~rui ~~~ ~.~~- l19 230.vo 2$o,os 'S~ air ice ~~t~~,rcd~ 10.E 1 h~ 1~ .va ~ hr. ~~ 19 ~X ~ ~ n,~uc, 2°bc, CaMM . ~ ,-~cxs b'.~''r`t' bcu~. ~~wC ~ Cam' ~ ~ 2006 FEE SCHEDULE COMMUNITY CENTER FEES The Oaks Sunday -Thursday • 8:00 am -11:00 pm • 8:00 am -Noon • 1:00 - 5:00 pm • 6:00 -11:00 pm Friday Full Day Saturday Full Day North, South or Central Oaks Sunday -Thursday • 8:00 am -11:00 pm • 8:00 am -Noon • 1:00 - 5:00 pm • 6:00 -11:00 pm North, Central or South Meeting Rooms Sunday -Saturday • Resident • Non-resident/For Profit • Reduced (w/8hrs of banquet room rental) • Reduced (all three rooms w/above) The Board Room Sunday -Saturday • Resident • Non-resident/For Profit • Reduced (w/8hrs of banquet room rental) Fee Acct Code $ 700.00 6802.2855 x 6802.4324/4325 250.00 " 250.00 " 300.00 " 900.00 " 1,200.00 " 300.00 " 150.00 " 150.00 " 150.00 " 14.00/hr * 6803.2855 x 6803.4324/4325 16.00/hr * " 11.00/hr* " 30.00/hr* (Max: $120) " 17.00/hr * 6815.4324/4325 22.00/hr * " 15.00/hr* " The Lone Oak Room Full Lone Oak Room • Resident • Non-resident/For Profit • Reduced (w/8hrs of banquet room rental) 50.00/hr * 6812.4324/4325 55.00/hr * " 35.00/hr* " Half Lone Oak Room • Resident • Non-resident/For Profit • Reduced (w/8hrs of banquet room rental) Teen Center • Resident • Non-resident/For Profit Kid's Kare North, Central, or South Gym North, Central, or South Gym (reduce for Athletic Associations) Gazebo Band Shell Atrium Patio *Requires a two-hour minimum rental Note: Deposit required for all rentals 30.00/hr * " 30.00/hr * " 20.00/hr* " 50.00/hr * 6811.4324/4325 55.00/hr * " 25.00/hr * 6813.4324/4325 55.00/hr 6810.4326/4327 30.00/hr 6810.4326/4327 50.00/hr 6844.4326/4327 50.00/hr 6809.4326/4327 250.00/flat fee 6802.4324 100.00/flat fee 6802.4324 d ~~p 2006 FEE SCHEDULE COMMUNITY CENTER FEES (cont'd) Fitness Membership Fee Acct Code Member enrollment fee -1 S~ family member 69.00 6807.4321 Member enrollment fee -each additional family member 10.00 " Monthly fee - Resident/Corporate1 - 1~ family member 32.00 " Monthly fee - Resident/Corporate -each additional 27.00 " Monthly fee -Non-resident - 1 S` family member 37.00 " Monthly fee -Non-resident -each additional 37.00 " Daily admission to fitness center 10.00 6807.4310 Report Processing Fee Fi}h~SS a~hnotw~~t ~e~h=' ,~~ ~ a5~ OL' ..dseAned-aisit9 report (,Y~ ~ 30.00 6807.432 l?j" Open Gvm Fees Adult Open 5.00 6810.4318/4319 Youth Open 3.00 " Preschool Open (includes limited Blast use) 3.00 " Family Open -Adult 1.00 " Family Open -Youth 2.00 " Blast Fees Daily admission 5.00 6804.4318/4319 10-Visit punch card (residents only) 40.00 " Private Rental 150.00 6804.4326/4327 Private Rental (with 8-hr banquet room rental) 100.00 " Birthday Partv Fees Standard Blast Package 120.00 6805.4310/4311 Blast additional guest (each) 12.00 " Teen Center -Package One 120.00 6811.4310/4311 Package One -additional guest (each) 12.00 " Teen Center -Package Two 150.00 " Package Two -additional guest (each) 15.00 " Overnight Partv Fees Minimum 65 paid persons 15.00/person varies by room H: Financials/2006 Fee Schedule i~ + l~ 200 FEE SCHEDULE POLICE DEPARTMENT CHARGES Fee Acct Code Police/Fire reports: ..Aecidattt7~port $r-+x:90"" 1101.4221 I~porT"" " ~~t PD(~i~ ~I ~~~, ~5 per page Background investigation report 10.00 " Photos 35mm, first print 10.00 1101.4221 35mm, each additional .50 " Polaroid -color photocopy 5.00 " Digital -color print 5.00 " Viewing accident reports (commercial users) .50 per report " Audio tapes (copy) 25.00 1101.4221 Video tapes (copy) 35.00 " CD ROM (copy) 25.00 " Other Police charges: Alarm panel 8.00 per month 1101.4214 Contractual security ~'.~ ~ -5g:~6- per officer per hour 1116.4234 Contractual security admin. fee (5%) Z,?p 'g-60 per officer per hour 0501.4228 BCA urine or blood test kit 10.00 1101.4691 Driver's license printouts 5.00 1101.4221 Fingerprinting 10.00 1101.4221 Handgun application, permit to carry 10.00 1101.4221 Police records check/clearance letters Law enforcement agencies no fee Non-law enforcement agencies 5.00 1101.4221 Repeat nuisance call, for third and subsequent calls 250.00 per call 1101.4215 in a 365-day period f db' ~ 200 FEE SCHEDULE FIRE DEPARTMENT CHARGES Fire reports: Fee $ 5.00 Personnel/Equipment: Manpower Chief's vehicle, rescue truck, grass rigs ?,s7pD ~5-6A per hr (1 hr min) (~S.°6 4C9~tj per hr (1 hr min) Pumper, tanker, emergency support vehicle '~jOD,~ '25~ per hr (1 hr min) Command vehicle, aerial b i~.av ~6&AO per hr (1 hr min) Safety house: Within City limits Fire prevention (schools, daycare , , Other special requests~C/1, hjf4 Tp1L~6~_ Outside City limits :! ~'4~~'l, no fee '~§,po ~"96- County Mutual Aid cities (house only) 17~;va X66.60 per day + mileage County Mutual Aid cities, manpower, supplies Others (house only) 7„O~D•~ 15.40 Z,pN.DD 160 per day + mileage per day + mileage Others -House, manpower, material Hazardous material containment/cleanup: L75,pv 259.60 per day + mileage Personnel: yv,~r 1-69- per person per hour ( one hour minium ) Supplies: Equipment Rescue boat Hazmat trailer actual cost per equipment rates above 175• 1'5tfib0' per hour (1 hr min) ~~'f'+a~ 'hG0.ll4- per hour (1 hr min) 1~~. ~ Acct Code 1201.4221 1201.4242 1201.4242 1201.4242 1201.4242 1205.4242 1201.4242 1213.4242 1204.4242 1213.4242 20 FEE SCHEDULE FIRE DEPARTMENT TRAINING ROOMS Room deposit of $150.00 to be paid at time of registration (After-hour rental is a 2-hour minimum) RESIDENT NON-RESIDENT Small Large Full Small Large Full Room Room Room Room Room Room Acct Code Youth groups Sam-4:30pm deposit only N/A Youth gps after hours (per hr) 9.00 12.00 15.00 N/A 1201.4324 Local civic groups Sam-4:30pm deposit only N/A Local civic gps after hrs (per hr) 15.00 20.00 30.00 N/A 1201.4321 Other citizen groups Per hour rental 15.00 20.00 30.00 30.00 50.00 75.00 1201.4324 Maximum one-day rental 250.00 600.00 For-profit organizations Per hour rental 30.00 50.00 75.00 30.00 50.00 75.00 1201.4324 Maximum one-day rental 250.00 600.00 Audio Visual 75.00 75.00 1201.4242 Computer connection for audlvisual 200.00 d eposit 200.00 deposit Microsoft PowerPoint 125.00 125.00 ~q,D ~ G 200 FEE SCHEDULE EQUIPMENT AND STAFF RATES Equipment: (does not include operator labor) Pick-up truck One-ton dump truck Single-axle dump truck Tandem-axle dump truck Bucket Truck Aquatic Plant Harvester /conveyor Tractor Backhoe/loader Front-end loader Road grader Street sweeper Roller or paver Air compressor Sewer fetter or sewer rodder Sewer vacuum ~~(,~{!^/"' Groundsmaster mower Pump, 6" Pump, 8" Skid loader Chipper Tanker TV camera-service (1 hour minimum) TV camera-main line (1 hour minimum) Hourlv Rate Acct Code $ 30.00 xxxx.4242 32.00 " 45.00 " 55.00 " 45.00 " 55.00 " 25.00 " 50.00 " 80.00 " 95.00 " 55.00 " 30.00 " 25.00 175.00 " Z.ovpo -~~0 ,~ 30.00 " 45.00 " 50.00 50.00 " 25.00 " 45.00 " 200.00 " 260.00 " Staff rates: Department Director Assistant City Administrator City Engineer Maintenance Superintendent Assistant City Engineer/Sr. Building Inspector Building Inspector Park Planner/Landscape Architect Maintenance Supervisor City Planner Planner Water Resources Coordinator ~ Constructioncr Cos~1r1A~' Utility Construction Inspector Operations Analyst Engineering Technician GIS Technician Maintenance Person-regular Maintenance Person-overtime Intern/Seasonal Survey crew (includes vehicle and equipment): 2-person 3-person Clerical Tech ~r1Gv1~~f ~N IrG~ilr' `~ 140.00 xxxx.4242 115.00 " 120.00 " 115.00 " 110.00 " 90.00 " 90.00 " 90.00 " 115.00 85.00 " 90.00 " $s,oo ,se.oa " 75.00 " 80.00 " 80.00 " 85.00 " 55.00 " 80.00 " 40.00 " 125.00 " 150.00 " 45.00 " (17t7.0~ L 200 FEE SCHEDULE Fee Acct Code City Attorney (Severson, Sheldon, Dougherty 8 Molenda) General legal ~~}}pD $ 120. per hour 9001.2245 Paralegal fees 14j,~jt~ 7 .40 per hour " Development-related work ~ gfl,SD 1 5.00 per hour " City Council/APC meetings 3q3 co 82.00 per meeting Consulting Financial Services Wobschall Ltd 90.00 per hour 9001.2245 lea, ~. (o 200,E FEE SCHEDULE MISCELLANEOUS FEES/CHARGES Fee Acct Code Animal pickup Zp.t70 $ a~r.9G~ 1101.4212 Animal impound 4.00 per day over amt billed 1101.4212 to City by pound Antenna-Radio and PCS: Application 500.00 per site xxxx.4620 Site survey 500.00 per site xxxx.4618 Document preparation and plan review 2,000.00 per site Landscaping actual costs escrow of $2,000 per xxxx.4619 site required Site rent, 1-9 antennas ?,~jt 14-7~DO1~Q per site per year xxxx.4620 Site rent, each additional antenna ~gZ ~~ 1- per site per month xxxx.4620 Audio tapes-Board/Council meetings actual costs Certification fee for unpaid false alarm or weed bills 25.00 per parcel xxxx.4612 City Plans/Policies: Special Area Plans •'1~ 3-9~• PU^ Po~(~- 0201.4230 Comp. Water Supply/Distribution Plan 50.00 U Comp. Sanitary Sewer Policy/Plan 50.00 " Comp. Storm Water Management Plan: Spiral bound 35.00 " 3-ring binder 50.00 " Landscape Policy, Shoreland Zoning Ordinance, Sign Regulations or Tree Preservation Pol 3-80 icy . ?~ ~ a'1' L Water Quality Management Plan 50.00 6501.4230 Data processing reports actual cost + 10% " Digital image photocopies ~IG~I~ rl~' _ ` Ih~~~~ " Color: First 1 3.00 Each additional 1.00 B&W: First 1 1.50 " Each additional .25 "Eagan on Deck" playing cards 5.00 0905.4666 False alarm charges-commercial and residential: First 3 false alarms per year no charge Each false alarm after 3 100.00 1101.4214 Fee schedule .~„~ -~. PGI^P~G 0501.4230 Invoicing charge 15% to max. of $10.00 0501.4228 Lodging tax 3% of gross receipts ECVB 9001.2210 (5% City admin fee) 0501.4247 Mailing labels actual cost + 10% 0201.4230 ~~~ ~7 200 FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Maps: City map (Lion's Club): First one free Each additional $ 1.00 Section maps: section-property only 10.00 section-property and planimetric 50.00 '/2 section-property, planimetric, and contours 150.00 1/8 section-prop., planimetric and contours 40.00 '/z section-aerial photo 6.00 '/. section-property only 5.00 Trunk water or sewer system map 2.50 Water quality classification map 5.00 Specialty maps Based on staff rates, p. 25 Zoning or Comp Guide maps: 11 x 17 color 5.00 22 x 34 color 15.00 34 x 48 color 25.00 GIS Utility As-Built (1/4 section-digital format) 40.00 Other digital data/mapping Based on staff rates, p. 25 Copy of commercial land use 50.00 Notary seal (non-City business): First 5 3.00 each Each additional > 5 .50 each Patch -Eagan Historical Trail 1.00 Photocopies .25 per page Plans and Specifications 50.00 minimum, varies Research of City records (beyond readily available material) Parking restriction -sign bagging fee Street Closure Deposit Returned check or ACH transfer fee Zoning letter Standard Specialty by contract Based on staff rates, p.25 '/Z hr minimum 50.00 25.00 + deposit 25.00 20.00 £9~99'~ ~D .0, Based on staff rates, p. 25 1~.~ ~ Acct Code 0201.4230 xxxx.4230 u u ~. xxxx.4231 0201.4230 N 0201.4230 xxxx.4230 xxxx.4231 2001.4691 2001.4691 9001.2255 0501.4210 xxxx.4242 ~, 200` FEE SCHEDULE SUMMARY OF CONNECTION CHARGES The following connection charges are provided for in the City Code. Some or all of them may be collected at the time of: 1) new development applications, 2) new connections to a utility system, 3) the issuance of building permits, and 4) enforcement of agreements; as appropriate in each individual circumstance. Fee Paae Sewer Availability Charge (SAC) 8 & 12 Water Supply & Storage 8 & 12 Water Meter 8 & 15 Treatment Plant Charge 8 & 12 Plumbing Permits 8 Building Permits 8 & 11 Trunk Oversize Charges Sanitary Sewer 12 Water Main 12 Storm sewer 12 Lateral Charges Sanitary Sewer 12 Water Main 12 Storm Sewer 12 Sewer permit-new or repair of existing 14 Water permit-new or repair of existing 14 1~5~ RESOLUTION CITY OF EAGAN APPROVING THE 2006 SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees as listed in the attached shall be effective January 1, 2006. Motion by: Seconded by: Those in Favor: Those Against: Date: December 20, 2005 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20`h day of December, 2005. Maria Peterson, City Clerk I~~ Agenda Information Memo December 20, 2005 Eagan City Council Meeting B. DIFFLEY MARKET PLACE -ACCESS ACTION TO BE CONSIDERED: Receive the recommendation of the Public Works Committee and take appropriate action as necessary. FACTS: • On November 15, the City Council reviewed the decision of the County Plat Commission denying the Council's requested variance to allow the current full access to Walgreen's to remain as is with the addition of a traffic signal for the Diffley Market Place proposed development combined with the closure of a driveway access to Daniel Dr. • Staff provided the Council with several options to consider in light of this denial. The Council referred this issue to the Public Works Committee for further review requesting that a recommendation be brought back to the Council at the Dec. 20 Council meeting. • On Dec. 5, the Public Works Committee met with representatives of the neighborhood and the developer along with City and County staff. As a result of that meeting, the Public Works Committee is recommending Option #1 to the City Council for formal consideration: `Appeal the County Plat Commision's October 31 denial of the submitted preliminary plat/site plan modified by the Oct 6 Council conditions (i. e. full signal access and no Daniel Dr. con~:ection) to the County's Physical Development Committee. " ATTACHMENTS: IPu~b.~ic Works Committee Packet (without attachments), enclosed on pages ~ through ~. • Staff notes from Public Works Committee meeting, pages and ~~ PUBLIC WORKS COMMITTEE MEETING MONDAY, DECEMBER 5, 2005 4:30 pm DIFFLEY MARKET PLACE -ACCESS ISSUES BACKGROUND On October 6, 2005 the City Council considered an application for a Preliminary and Final Planned Development for a commercial development referred to as the Diffley Market Place, generally located south of Diffley Rd (Co. Rd. 30) and east of Lexington Ave. (Co. Rd 43). The Preliminary Planned Development was approved with many conditions, one of which required that "the driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota County for review". Because the property is adjacent to a county road and will have to be platted to accommodate the proposed development, the Dakota Contiguous Plat Ordinance requires that the plat be approved by Dakota County. COUNTY PLAT COMMISSION REVIEW In accordance with the Council's directive, City staff submitted the developer's site plan as reviewed by the Council to the County Plat Commission (CPC), which met on Oct. 31, 2005. After the CPC's consideration of this site plan, they subsequently denied the plan as submitted with the Council's conditions (i.e. full signalized access from Diffley Rd. and no driveway connection to Daniel Dr). The CPC stated that they may give favorable consideration to a revised site plan/preliminary plat that reduces the proposed full signalized access down to a 3/4 access (prohibits exiting left turns) and maintains the driveway connection to Daniel Dr. The City would still have to request a variance to the County's spacing guidelines for this option to be approved by the CPC. COUNTY STAFF COMMENTS Follow up conversations with the County Traffic Engineer revealed that the County would like to see the site plan's internal circulation revised to maximize a more direct and convenient access to Lexington Ave, thereby minimizing the development traffic's need to use a Daniel Dr. connection. However, since they also want to minimize the number of left turns off a county road into the site, they will continue to require that an internal connection to Daniel Dr. remain to accommodate the local traffic (from the neighborhoods to the south/east). ATTACHMENTS • Copies of the referenced 3/4 access configuration and a full access intersection configuration. Reducing the exiting left turns reduces the vehicle conflict points by 69% (from 32 down to 10); • The site plan as submitted to the County Plat Commission (and subsequently denied) • County Plat Commission decision from Oct. 31. 9b' PW Cmte Dec. 5, 2005 Diffley Market Place (cont) PUBLIC WORKS COMMITTEE RECOMMENDATIONS: 1. Appeal the CPC 10/31 denial of the submitted preliminary plat/site plan modified by the Oct 6 Council conditions (i.e. full signal access and no Daniel Dr. connection) to the County's Physical Development Committee. 2. Request the developer to submit a similar site plan layout with a full signal access and a Daniel Dr. connection with a variance request to the CDC. 3. Request the developer to submit a similar site plan layout, but with a'/a Diffley access and a Daniel Dr. connection with ~a variance request to the CDC for probable approval. 4. Request the developer to revise the site plan's internal circulation maximizing access to Lexington Ave., provide a 3/4 Diffley access and no Daniel Dr. connection for reconsideration by the CDC with a request that, if denied, it be forwarded under appeal to the County's Physical Development Committee (PDC) for consideration. 5. Other? '~ l PUBLIC WORKS COMMITTEE MTG MONDAY, DECEMBER 5, 2005 EAGAN CITY HALL MINUTES (DRAFT) DIFFLEY MARKET PLACE -ACCESS The Public Works Committee of the City Council consisting of Councilmembers Cyndee Fields and Mike Maguire convened the meeting at 4:35 pm in Conference Rooms 1 A/B. Also in attendance were City Engineer Russ Matthys, Public Works Director Tom Colbert, City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Planner Pam Dudziak, County Traffic Engineer Kristi Sebastian, Asst. City Engineer John Gorder, Developer John Truatz (with 2 support personnel), and neighborhood representatives Janet Westenberg (4241 Daniel Dr.) ,Mike Hassett (4237 Daniel Dr.) and Leo Rickertsen (4221 Daniel Dr). After self-introductions, Director Colbert provided a verbal summary of the information contained in the packet that was previously distributed to everyone summarizing the development's original application layout with proposed access points, the Council's approval conditioned on the closure of the driveway connection to Daniel Dr., the County Plat Commission's (CPC) denial/recommendation for reconsideration, the additional research information requested by Ms Westenberg, the developer's stated preference and four options for the Committee's consideration for a recommendation back to the City Council on Dec. 20. Councilmember Maguire requested information regarding the pros & cons of maintaining a full access (at current Walgreens access) with and without a signal vs. a 3/4 access as suggested by the CPC; also, the concern of redirecting left turns from the development via Daniel Drive's access to Diffley Rd. vs. at the present full access. County Engineer Kristi Sebastian repponded regarding the County's design standards and experience with traffic management with the different scenarios. She also clarified that the installation of signals are not under the purview of the CPC, only access type and spacing. Traffic signals are a traffic management capital improvement processed by the Transportation department in relation to warrants and priority needs on a countywide basis. There was general discussion relating to the issue of pedestrian safety, crosswalk locations, uniqueness of having 3 schools on County road and the role a signal would play in addressing related student & pedestrian crossing/safety concerns. Developer Trautz expressed his continued desire for a full access with a signal and offer to pay for'/4 of the cost. Co. Traffic Eng. Sebastian explained how signalization does not necessarily provide increased safety to pedestrians, citing the example of removing the ped crossing signal for Vista View Elementary in Burnsville for safety reasons. Comment made by Councilmember Maguire regarding the need for compelling argumendjustification for signal and full access to Walgreen's for County to acquiesce. Inquiry made about the impact of a signal at Daniel and Diffley; traffic volume to Daniel/Diffley hard to accurately predict due to driver behavior. Daniel/Diffley currently does not meet warrants for a signal and is questionable for future. In response to question from the developer about why a signal at the "Walgreens" entrance is unacceptable, Sebastian responded: 1. Traffic may not warrant a signal at this location. If it did, it would probably be for peak times only due to high school traffic influence. 2. The close proximity to Lexington Ave creates hazards for the higher speed County Road. 3. There are other options and better ways to handle the traffic. ~-7~-~ Public Works Cmte Mtg, 12-OS-OS Page 2 She reiterated the CPC's position of giving favorable consideration to a variance fora 3/4 access with a driveway connection to Daniel Dr. (Option #4). Councilmember Fields stated her preference to pursue an appeal of the CPC denial of a full access with a signal to the County Board. Mike Hassett questioned why a variance is required for the full access that already exists. Sebastian responded that the County's Platting Ordinance provides an opportunity to bring current conditions into compliance with current standards with development of adjacent property. Janet Westerberg wondered what happens if the City submits a variance request (i.e. 3/4 with no connection to Daniel) that is not acceptable to the Developer. John Trautz commented that, while the more access the better, a full signalized access with no connection to Daniel would be acceptable. The developer's traffic engineer (Allan Klugman, Westwood Engineering) provided some background information from their traffic study regarding the traffic generation/distribution for this development, noting that Daniel Drive is a collector street with an existing driveway approach to Daniel Dr. already in place. Recognizing the "real world" aspect of things, he feels that Option #3 seems to be the most likely outcome. Councilmember Fields stated her interests in pursuing Option #1 wanting the Council to "try their hardest" for this scenario. Councilmember Maguire was not opposed, but believed that the County Board won't approve it and everyone will be back dealing with the same issue in 2+ months. Janet Westerberg requested that the City make a specific point of the uniqueness of this location when making the appeal. The Public Works Committee then reached a consensus to recommend to the Council at the Dec. 20`~ meeting to pursue Option #1 (Appeal to County Board). It was noted that, if that occurred, it would likely go to the County Board's Physical Development Committee (of the whole) on Jan 23 for consideration. The meeting then adjourned at ~6:15 pm. Notes prepared by Tom Colbert. ad ~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 20, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINiJTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Public Hearing to consider the proposed the proposed request for the sale of City owned property and approval of the Tax Increment Development Agreement with Schafer Richazdson for property located in the Core Area of the Cedar Grove Redevelopment District. F. OTHER BUSINESS G. ADJOURNMENT Ana Agenda Information Memo Eagan Economic Development Authority Meeting December 20, 2005 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE 1VIINUTES ACTION TO BE CONSIDERED: To approve the minutes of the December 5, 2005 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the December 5, 2005 EDA meeting on pages o'~ -a~ X03 NIINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota December 5, 2005 A meeting of the Eagan Economic Development Authority was held on Monday, December 5, 2005 at 8:00 p.m. at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Maguire, and Commissioner Cazlson. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Public Works Director Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, President Geagan seconded a motion to approve the agenda as presented. Aye: 5 Nay:O APPROVE MINUTES Commissioner Tilley moved, President Geagan seconded a motion to adopt a resolution approving the minutes of the November 15, 2005 EDA meeting as presented. Aye: 5 Nay:O NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR FRATTALLONE ACE HARDWARE PROPERTY, 4000 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the proposed Purchase Agreement for the Frattallone Ace Hardware property. Commissioner Maguire moved, Commissioner Tilley seconded a motion to adopt a resolution to approve a Purchase Agreement for Frattallone Ace Hazdwaze property, 4000 Sibley Memorial Highway. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF ELLINGSON AND ASSOCIATES PROPERTY 3900 CEDARVALE DRIVE Community Development Director Hohenstein discussed the potential acquisition of Ellingson and Associates property at 3900 Cedarvale Drive. ~O~ Commissioner Tilley moved, Commissioner Maguire seconded a motion to authorize staff to enter into negotiations for the potential acquisition of Ellingson and Associates Property, 3900 Cedarvale Drive. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:05 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5000. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regadd to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. a~ Agenda Memo Eagan Economic Development Authority Meeting December 20, 2005 1. CEDAR GROVE REDEVELOPMENT DISTRICT --PUBLIC HEARING TO CONSIDER THE PROPOSED REQUEST FOR THE SALE OF CITY OWNED PROPERTY AND APPROVAL OF THE TAX INCREMENT DEVELOPMENT AGREEMENT WITH SCRAPER RICHARDSON {CEDAR GROVE DEVELOPMENT CORPI FOR PROPERTY LOCATED IN THE CORE AREA OF THE CEDAR GROVE REDEVELOPMENT DISTRICT. ACTION TO BE CONSIDERED: To hold and close the public hearing to consider a development agreement with Schafer Richardson (Cedar Grove Development Corp) including consideration of the public purpose of the sale of City owned property located in the Core Area of the Cedar Grove Redevelopment District and to direct preparation of findings of fact, conclusions and resolution for approval (or denial) of the agreement to be considered at a future City Council-EDA meeting. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the initiation of redevelopment activity in portions of the district consistent with the City's plans for the area. • In 2004, the City issued an RFP for a master developer for the core area of the Cedar Grove Redevelopment Area. As an outcome of that process, on February 1, 2005, the Council and EDA acted to: 1. Designate Schafer Richardson as Master Developer of the Cedar Grove Redevelopment District and lead in the partnership with Ryland Homes. 2. Approve the refined conceptual redevelopment plan and development program, including general land uses, layout and building types. 3. Confirm the role of the Council Finance Committee as liaison to staff for negotiation of development agreement. 4. Authorize staff to proceed with negotiation of the development agreement. • Since that time, staff and the developer have reviewed the developer's proforma for the project and negotiated a development agreement that would implement the City's priorities for the area as outlined in the original RFP, in consideration of the economics associated with a redevelopment of this type. o1.O(.P The development agreement covers issues including the level of TIF assistance that may be provided to the developer, the sale of public property to the developer for redevelopment purposes and the potential for the developer to request that the City use eminent domain to acquire the remaining parcels. The development agreement includes a provision that the city will be the lead in property acquisition, and the likely use of eminent domain for property assemblage. Unlike other redevelopment agreements, this agreement does not impose an obligation upon the developer to pursue good faith efforts to acquire the property prior to requesting that the city exercise its power of eminent domain. • In cases in which property may be acquired for resale to a private entity and in which eminent domain may be necessary to do so, the local unit of government must hold a public hearing to take testimony and to make findings as to the public purpose of entering into the agreement. At its meeting of October 18, 2005, the EDA and City Council approved an agreement in concept and directed staff and the developer to finalize a draft development agreement to be presented to begin the public review and public hearing process. It should be clarified that since the Council direction was given, the developer and staff have confirmed that the height of the building on the Phase 5-Hotel site will be a minimum of 85' from ground level. • The draft agreement was completed and was presented to the Economic Development Authority and the City Council at it meeting of November 15, 2005. Notices have been mailed and published. A neighborhood open house was held on December 8 for neighbors and area business owners. A City Council workshop was held on December 12. Several of the property owners have been in contact with staff and one property owner has submitted written comments to date. • General facts concerning the redevelopment area and the redevelopment agreement are as follows: • The City performed an analysis of properties in the Cedarvale/Cedaz Grove commercial area on the east side of Cedar Avenue/Iiwy 77 at its intersection with Hwy 13 and found that properties within the area met the standazds necessary under Minnesota statutes to qualify as a redevelopment Tax Increment Financing District. • On the basis of those findings, the City created the Cedar Grove TIF District October 2, 2001. The purpose for the District under the TIF Plan is to replace a mazket obsolete regional shopping center, provide new life cycle housing options for existing Eagan residents, enhance the public transit infrastructure and correct a number of traffic problems within the project area. The proposed project will be located in the core azea of the redevelopment district, which lies between Hwy 13. It will consist of 974 housing units and 143,200 s.f. of new commercial space in addition to the Jensen's and Cedarvale Lanes properties which are anticipated to remain. ao~ • At the direction of the City Council, the City has begun to acquire properties from willing sellers in the redevelopment area. Under the agreement, three City-owned properties that were acquired prior to March of 2005 (the former Twin City Poultry/Donut Shop; Valley Bank and Ski; and Jim Cooper Goodyear) to the developer for the sum of $1.00 each. The agreement provides for the City to perform future acquisitions of properties directly and does not require the developer to attempt to acquire them first. Under the agreement, properties acquired after March, 2005 will be sold to the developer at the cost paid by the City. • The TIF Plan makes a finding that but-for creation of the District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and has prepared a memo indicating, likewise, that the specific proposed redevelopment contemplated by the agreement would not occur but-for the assistance outlined in the TIF Development Agreement. • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. • If the City Council and EDA determine on the basis of the record and the information available to them that the redevelopment should move forward under the terms of the agreement, they should direct the preparation of findings to that effect to be considered at the next City Council and EDA meeting. ATTACHMENTS: • Redevelopment District map on page o O ' _ • Proposed Revised Concept Plan on page 10 • Proposed Phasing Plan on page ai-! - • Outline of October 18, 2005 Concept Agreement on pages o~.la-~I~} • 01 Redevelopment Consultant's memo regazding the "but-for" finding on page --~- • Notes from neighborhood open house on pageso~-) • Correspondence from the public on pages~~?' • Development Agreement distributed previously and available upon request. ~~ ~ ~~~ "~/ ~ Q~ ~ li lS 1..? ~ O ~V O ~7 a rJ ~ a K] C=7 c7 i ~ ~ 0 ~~ ~ ~~'~ ~ o~ ~ o ~ ~rJ ~ 00 1, ~ °~~ao~ ~~ C lF Q '~ ~ `~ ~ ~U O'~ odoq. ~\~ w ~ ~ ~ ~ ~ ~~ °~ O ~ O C~ o vo a ~ °o~. 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' F~I ~ '>' ?~. ~. . ,'~ ai J -, ~~ ~~ a > X ~ c E "' 0 0 ~~+ = v ~ ~ ~ ~ ~ X j (p ~• __ C O "lJ -_ ~ ~ °~~ k ~' ~ ~, ~: t ~ I ~ III ~-~1 ,., T i i ---- ~ -~ r->;, ,,;,r, - ~, 1 - 0 ~I Q, {.1 /~~y/ ~i ~I~ ~~~~~~ ~-~~ 0 0 0 0 0 00000 i n n O O rv lI'1 N 1fl O M N t0 ~ V V' N N ~ 1/'1 ~ ~ y C C -O x ~ V X ~ ~ ~ ~- c .- 'o ~iw F-w~ cZ' '` w ~ °1 c E E ~ ~ o ~ `~ uo 'c 'c 'c 'c c 'c 3 > > > > Lh Op CO LI'1 Op ~ OO lD O O O 1~ N ~ .- V Ol a v r ccX_ N G t!l C ep ~ C Cl T N~ O O p u x - x x ~ m c v E E .~ ' y ~6 0~ OC ~ D C [O }~ lJ a ~, ~ '° o V ~ 3 ~ ~ o O H v ~n ,^ v'~°o V C N N d ~ '~ c ~ E ~ w D Z ~..J a.~ o ~' 0 ~b w :~ ~~ ^0 ^® li ~^% i -1 i~ !f ;__I ~, .~, L C ~`1` ~_ `_, +~' J Q c V ~ C j O ~ V ~ ~ m o O oven 0 ur O _ _C N N O g a~ E ICJ rnL > V woz alp CITY OF EAGAN CEDAR GROVE REDEVELOPMENT CORE AREA DEVELOPMENT CONTRACT COUNCIL DIRECTION/APPROVAL IN CONCEPT Tuesday, October 18, 2005 The deal points outlined below were presented to the City Council and EDA at its meeting of October 18, 2005. Based on the outcome of the parties' negotiations on the afternoon of the 18~', the City Council approved the agreement in concept with the following clarifications resolving the deal points remaining after that meeting: • Agreement to a $500,000 developer fee to be paid '/z at the end of Phase 3 and the balance at the end of Phase 5 • No commissions to be paid for sales of property by Schafer Richazdson employees. • Requirement that the development not only conform to the CGD architectural and finish standards, but also to the requirement that residential units must be attached and in buildings of four or more residential units. 1. Developer Return. • The City's development consultant indicates that developer return on redevelopment projects typically ranges between 10% and 15%. Under the terms outlined in the RFP, the City was willing to consider a 15% return, based on the expectation that developer would acquire properties and project would internalize certain redevelopment costs. At the direction of the City Council, the City has taken on the responsibility for acquiring properties and holding them until redevelopment occurs. • Through negotiations, the developer has asked that the City take on costs for environmental review and remediation, underwriting the costs of affordable housing, offsite transportation improvements and certain assessments. In consideration of the changes in the structure of the deal from the original RFP, the City has required and the developer has agreed to a 12% return. • The 12% return applies only to actual costs assumed by the developer and does not apply to project costs paid directly by the City. Since the mall itself is owned by a partnership consisting of the developer and other parties, the base price of the mall will be included in the costs to which the return applies. • In addition to the 12% return, the developer has proposed a $500,000 developer fee to offset certain costs. At the last Finance Committee meeting it was concluded that the fee would be considered, if it is paid at the end of the project. The City Council agreed to the payment of the developer fee to be paid'/z at the end of Phase 3 and the balance at the end of Phase 5. • An open issue remains regazding applying the return rate to commissions paid to Schafer Richazdson for sales to third parties that do not make use of a broker. The Finance Committee recommended against this. The City Council determined that no ~.1 a. Commissions aze to be paid to Schafer Richardson for sales to third parties that do not make use of a broker. 2. Mall Price • The developer's calculation of the mall price, based on the income approach to valuation, puts the current proposed value at $5.75 million as compazed to the $2,975,000.00 amount the developer paid for the mall in 2002. The current value will need to be supported by a professional appraisal. • 1n keeping with the approach that the substantial benefits accrue to the developer for completing the entire project, the agreement proposes to pay the difference between the current basis cost of the mall ($3.4 million based on purchase price plus improvements) and the current value in two parts - half after completion of Phase 3 and the balance after the completion of Phase 5. 3. Cost of City Property • In order to make the TIF cash flow balance, the agreement calls for the City to sell the properties it had acquired as of Mazch, 2005 to the developer for a dollaz. The developer will pay the City the actual cost of acquisition for properties acquired after that date. 4. Assessments. • Assessments for Project 800R will be paid upon closing with each of the properties to be acquired, including the mall. The developer will assume the costs of public improvements associated with new development within the redevelopment area. The City will absorb the costs of offsite improvements identified in the traffic studies associated with project, if and when such improvements are needed. • The City will also pursue third party funding for the construction of a transit station/pazking ramp in the eastern, gateway area of the development. The ramp will serve transit users during the day and food and beverage and entertainment business users in the evening. The eastern transit station is intended to provide transit service to the area until such time as specific plans and implementation funding are available to construct the BRT station on the west end of the project. 5. Affordable Housing. • The developer has agreed to incorporate a mixture of affordable housing types totaling 20% of the units in the overall project. These will consist of scattered site owner occupied units priced at or below the value for affordability identified by the Metropolitan Council, scattered site units sold to persons who qualify for the CDA's First Time Home Buyer Program and/or Down Payment Assistance Programs, a mixed income rental apartment project and a CDA constructed work-force rental rowhome project. • The costs of the first two types of products are expected to be market rate and require no specific financing assistance. The City will work with the CDA and other funding agencies to provide the necessary write-downs to assist with the mixed income apartment and work-force rowhome project. ~l 3 6. Environmental issues. • Environmental remediation is one of the costs that typically prevent the private sector from undertaking redevelopment activities. The City has agreed (but is not obligated) to cover the costs of investigation and remediation. 7. Phase 5 -Hotel. • From the outcome of the Cedar-13 Task Force through the RFP process until now, the City has had an expressed expectation that a hotel would be built at the west end of the project to create another node of retail activity and a vertical building (6 or more stories) that could be seen from Cedar Avenue to provide a visual connection between the development and the traveling public. • The developer has yet to identify a development partner that would insure the construction of the hotel by the time the project would be completed. He has requested consideration of alternative uses. The Finance Committee indicated that the hotel remains the first choice and that it should remain an expectation in the development agreement. The Committee indicated that the City should be open to alternative uses if the hotel is not feasible at that time, provided that the alternative use(s) is identified as part of the agreement, that such use(s) would be 6 or more stories to provide the visual connection to Cedar Avenue and that it not be entirely residential. The developer has proposed a structure in which a hotel would be the first option, an office building second (preliminary traffic analysis indicates that an office use would exceed the capacity of the traffic improvements in the area) and a mixed use retail-condominium building. 8. Allocation of Inflation • The City will retain any inflation in TIF return from the project to cover unanticipated costs and to provide assurance of certain unprovements if grant funding cannot be secured. 9. Park Dedication and Public Open Space • The developer will provide pazkland and impravements or pay cash dedication as part of the APrC review of the development applications for each phase. • The developer has also agreed to the suggestion that public places be defined within the primary mixed use area and along the linear pedestrian ways from east to west through the development. The concept plan will be updated to reflect those additions. The costs of long term maintenance of such improvements are to be borne by the benefiting properties. 10. Conformance with CGD Zoning, Regulations -Attached Housing • The development will conform to the CGD requirements that only permit housing if it is attached and in buildings of four residential units or more. The single family detached product should be removed from the concept plan. alT FREERS & ASSOCIATES INC O To: Jon Hohenstein Community Development Director, City of Eagan From: Sid Inman, Ehlers & Associates W Rebecca Kurtz, Ehlers & Associates Date: December 16, 2005 Subject: Cedar Grove - RSR Project -But-For Analysis The City has asked Ehlers & Associates to review the developer's project feasibility analysis for the Cedar Grove Project to determine what level of the assistance is needed to make the project financially feasible. The developer provided to Ehlers financial information which includes a statement of Revenue and Expense for the five proposed phases of the project. We have met a number of times with the developer's representatives to discuss, review and refine the information provided. We have agreed on a form and content of a document that best represents the estimates of what is needed for the proposed project. That document is the basis for how we arrived at the estimate for the amount of assistance needed. Additionally, this document is an attachment to the development agreement. Further, to insure that the City is providing only the necessary amount of assistance, the development agreement includes a "Look Back" provision. This means that after all phases of the project are complete the financial document will be updated to reflect actual expenses, revenues and profit. In the event that the project had a higher amount of profit than projected, the assistance will be reduced proportionately. If the profit is less, the assistance will not be increased. Please let me know if you have any questions or comments, or if we can be of fiuther assistance on this matter. LEADERS IN PUBLIC FINANCE __ 3060 Centre Pointe Drive Phone: 651-697-8507 Fax: 651-697-8555 Roseville, MN 55113-1105 'a ` ~ sid@ehlers-inc.com City of Eagan Cedar Grove Redevelopment Neighborhood Meeting Comments and Questions December S, 2005 Questions from the attendees aze in bold, and aze followed by a summary of the answers provided by Schafer Richardson or City staff. What is the Schafer Richardson vision for retail? Neighborhood serving What are "good" retail uses for the area? (asked by SR for neighborhood input) Hazdware store • Unique boutique stores -not chains • Coffee shop • Great restaurant(s) • Kowalski's grocery store -not another convenience store • Lund's grocery store Where do people park when in the development? Housing parks below grade, and the retail development has small surface lots and structured pazking near the retail development. Explain the difference between the two transit stations As part of the redevelopment it is important to provide transit in the immediate future for those who are looking to base their location decisions on mass transit availability. The east transit station provides transit in the beginning of the development, and will allow people to get accustomed to using transit. The west transit station may happen in the distant future, but an exact date for development has not been set. How do retail and transit uses work together as they relate to parking, so it is convenient for both? Details have not been worked out; however, there are many examples where communities have shared parking for retail and transit uses. Where do the bowlers park, and what happens to the volleyball courts? In the Concept Plan, a building is located on part of the current pazking lot. It is proposed that the bowlers would be able to pazk in the new structured parking facility, and there would be space for the volleyball courts. However, future discussions will take place with the property owner regarding this issue. ~-) ~P How many acres is the site, and how many units will be developed? The site is approximately 70 acres, and an estimated 974 housing units plus retail will be developed. What is the timeline for build-out of the site? The build-out is expected to take between 7 to 10 years. Each phase is expected to take 1 S to 24 months. How will transportation for existing businesses work during construction? SR recognizes that it is important to be able to maintain access to all existing businesses during construction, and they recognize that a construction site is not an ideal place for non-construction people and vehicles. SR will work with businesses to ensure there is safe access during construction. How will emergency vehicles get to the buildings? One of the City's priorities is the safely of its residents. The development will need to follow the regular approval process for all development in the City, and it will be required to meet the City guidelines for street widths and turn around areas to accommodate emergency vehicles. The police and fire departments will provide input to ensure that emergency vehicles can reach all areas of the development. How will transportation issues be addressed, such as number of new cars and traffic congestion? Are the current roads adequate? The City completed a traffic study, and the development will comply with the findings from that study. The amount of development is being backed into based on the maximum's identified in the study. The amount of traffic will increase; however, over the past several years the amount of traffic has been decreasing. There was a time when this area was more of a city center, and there was more traffic in the area. The redevelopment will bring the activity in the area back to a level closer to what it was in the past. How many people are estimated to live in the area? SR is estimating an average of 2 per housing unit, or approximately 1,950. Define affordable housing. Affordable housing can be defined in many ways. This development is using the Minnesota Housing Finance Agency's definition for some of the units, as well as working with the Dakota County Community Development Agency. This development will have 4 types of affordable housing for a total of 20 percent of the units to be affordable. Was an affordable component required by the City? The City Council determined that the redevelopment would have an affordable housing component. What about senior housing? A designation of senior housing may address traffic concerns. There currently is a senior housing development in the area (the Keystone property). SR's development may have a senior component; however, that has not been identified at this time. a-7 Will affordable housing be mixed in with other housing? The affordable housing for the most part will be mixed in with the other housing, and people will not be able to identify which units are affordable. The CDA will develop a rental building, which will be designated as affordable. What is the breakdown of condos versus apartments? It is expected to be primarily condo development, however the market will determine whether there will be other rental units in addition to the CDA town homes and the mixed income apartment project. It appears that much of the housing is for people over 60, couples and for singles. Where are families included and the amenities such as play areas and parks? It is important to include park space and tot lots The type of housing is an individual choice, and it is recognized that this type of high density development does not interest all people. SR and Ryland's experience is that many families with children are purchasing condos and town homes because of the maintenance free lifestyle. The development will include play areas for children as well as the public space for recreation. This can be seen in the other developments they have completed. What are the price points? Price points will be determined in the future as the development takes place. How is the redevelopment of Excelsior and Grand doing? In SR's view, the redevelopment has been very successful. Except for a couple businesses, most of the retail space is occupied. SR does not have the occupancy rate for the housing units. How will people be attracted to the area, especially without being in a high traffic area and close to the inner city? Many of the people attracted to the azea will live in the area. In addition, it is the goal to make the area unique and a destination place. When will the people in Phase I need to relocate? All of the property in Phase I is owned by the City or by Schafer Richazdson. The City and SR will negotiate individually with property owners and try to accommodate requests and timelines. What about airport noise concerns? With the new runway, airplanes fly directly over the properties? When rezoning the area, the Council considered this issue. The homes will be built to comply with the requirements regazding airport noise. When is the estimated date to begin Phase II? It will take approximately 18 to 24 months to construct each phase, so approximately 2 years after construction of Phase I, which is estimated to begin in Spring 2006. Is there assistance for tenants? The City is required to comply with relocation requirements. a~~ Is this project exclusive to only SR and Ryland? Can others develop here? The City Council will review the Development Agreement on December 20, which will state that assistance will only be provided to SR. However, if a property owner brings forth a project that complies with the City's guidelines, it will be judged on its own merit. The City cannot prohibit property owners from developing on their site, if the proposed development complies with City guidelines. How are the home owner's associations set-up? Those details have not been finalized. However, SR believes that each association may have approximately 100 members. It likely would not be one association for the entire redevelopment azea. Who is responsible for road maintenance and open space maintenance? Those details need to be finalized. It is the City's desire to have most of the roads public roads and maintained by the City. Are there programs or assistance to relocate to another site in Eagan? Not really. The City is required to provide relocation assistance. While the City would like to see businesses remain in the area, the reality is that rents will increase after the redevelopment, and that may not be feasible for all owners and tenants. R'hat is the process for signing a letter of intent for commercial space? Many of the details for the commercial space are not yet available; therefore, it is premature to sign a letter of intent. However, contact David Frank for information. What is the status of the Silver Bell Center? The City has not received any formal requests for development or redevelopment of the Silver Bell Center. However, there are rumors that there will be some changes to the site. These changes may be redevelopment of the site or renovation of the existing building. ~~ METROPOLITAN INTERFAITH COUNCIL ON AFFORDABLE HOUSING "Do justice, love mercy, walk humbly with your God. " Micah 6:8 M~CAH December 14, 2005 Mayor Pat Geagan and Eagan City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cedar Grove Development Agreement Mayor Geagan and Council Members: As representatives of the Eagan chapter of the Metropolitan Interfaith Council on Affordable Housing (MICAH), we want to commend you for your leadership in responding to the need for affordable housing in Eagan demonstrated in this Cedar Grove development agreement. Specifically the requirement that 20% of Cedar Grove's residential units are affordable to families in our community is particularly significant. We also want to thank you for your action that brought Eagan back into the Metropolitan Livable Communities Act making Eagan eligible for additional financial resources for affordable housing. In addition to commending you for your leadership, we want to recognize the cooperation and openness of Jon Hohenstein and Tom Hedges of the city staff, Mark Ulfers and Kari Gill of the Dakota County Community Development Agency, David Frank and Merrie Sjogren of Schafer Richardson and Brian Sullivan of Ryland Homes. About a year ago MICAH representatives brought all of these partners together to discuss how and to what degree affordable housing could be included in Cedar Grove. This process was successful and has shown how public-private partnerships can create win-win outcomes for all parties. While progress has been made in this agreement, Cedar Grove is likely the last large development in Eagan so we want to maximize this opportunity to create a wide range of housing opportunities for our residents. With this in mind we would like to provide the following information that points out the great need for affordable family workforce housing in Eagan. Currently the CDA's two Eagan developments have large waiting lists for 2 & 3`a bedroom family townhome units. • At Erin Place on Nichols Road south of Diffley 334 families are waiting for 2 bedroom units and 226 families aze waiting for 3 bedroom units. • At Oak Ridge on Johnny Cake Road south of Diffley 357 families aze waiting for 2 bedroom and 232 families are waiting for 3 bedroom units. Analysis of Demand for Tax Credit Family Rental Housing: Dakota County MN. Market Research Partners, Inc. DSU Research. December 2002. Phone (612) 871-8980 Minnesota Church Center Fax: (612) 870-2634 122 West Franklin Avenue Suite 310 &mail: IntoQmicah.org Minneapolis, MN 55404 wwwmicah.org By 2020 Eagan is projected to have 52% of Dakota County's jobs many of which will be in the low to moderate wage service and retail sectors. To meet this demand Eagan is estimated to need 2000 additional units of housing affordable to workers at $53,000 or less. The need for additional market rate family rental units is demonstrated by the success of Cedar Villas on Nichols Road south of Diffley which has been operating at 98.1% - 100% occupancy. Given these factors we encourage the city and the developers to evaluate the feasibility of increasing the number of affordable family rental units beyond the targets in the agreement. Current targets in the agreement call for 30 - 40 family rental town homes and 14 - 28 rental flats are to be built. This means that only about 1/3rd of the total number of units are rental units that are affordable to families with incomes of approximately $43,000 or less. In addition, given the strong demand for three bedroom units we encourage an evaluation of having 3 bedroom units make up at least 25% of the rental units. Finally, while there is a commitment to 127 owner occupied flats we are concerned about the lack of commitment to any affordable owner occupied town homes and would also like the city and developers to evaluate the feasibility of providing some level of these types of units. In conclusion, we appreciate everyone's hard work and we look forward to continuing this partnership to create more housing so that a broad range of families have the opportunity to live in Eagan. Sincerely, ?S'. Mike Wold an a asi 651-687-9767 65 -452-3411 H Dianne Ju d a rick enertz 651-452-6765 65 1-454-4934 ~,cXl~ ~Gr~r~ / !~~ ~~-~ Bill Funk Ken Damlo 651-340-6345 651-405-0334 ~~~ ~ ~ Elaine Eyre Judy Urban 651-454-9388 651-454-3834 cc: Tom Hedges, City Administrator City of Eagan Jon Hohenstein, Director of Community Development, City of Eagan Mark Ulfers; Executive Duector, Dakota County Community Development Agency Kari Gill, Associate Director, Dakota County Community Development Agency David Frank, Schafer Richardson Merrie Sjogren, Schafer Richardson Brian Sullivan, Ryland Homes Jodi Nelson, MICAH ~l Page 1 of 1 Jon Hohenstein __ _ _ _ _ From: Mira Pepper Sent: Wednesday, December 14, 2005 11:53 AM To: 'Dofstedal~aol.com' Subject: RE: Cedarvale Retail Your message has been forwarded to the Mayor and City Council. Thank you for your comments. From: Dofstedal@aol.com [mailto:Dofstedal@aol.com] Sent: Wednesday, December 14, 2005 11:51 AM To: City Council Subject: Cedarvale Retail I feel that the City Council should be doing more to encourage current businesses in the Cedarvale area to remain as a part of the redevelopment. 1 have lived in Eagan on Kyllo Lane since 1974, and have been a customer of these businesses. We were fortunate that when Goodyear moved, they relocated Gose by. That is not the case with Ace Hardware which is closing permanently. I have been a patron there for over 30 years, and am very disappointed in losing the hardware store. I encourage you to work with Ace Hardware to see if accommodations can be made to have them relocate within the new development, or at least somewhere nearby. Once these stores are gone, they will not return. West central Eagan is very short of convenient shopping, and the nearest hardware store will now be several miles away by car and impossible to walk or bike to. I fear that retail in the new development will be little more than the standard strip mall fare, video rentals, tanning salons, dry-cleaning stores, and the like. The goal of redevelopment should be improvement, and losing convenient stores is a step backward. Dennis Ofstedal 1765 Kyllo Lane Eagan, 55122 (651) 454-6682 Bus-(952) 404-5620 12/14/2005 aaa Page 1 of 1 Jon Hohenstein ,_ _ _ From: Steve Wallick [steve@vanmanab.com] Sent: Thursday, December 15, 2005 9:48 AM To: Jon Hohenstein Cc: City Council Subject: Cedar Grove Redevelopment Attachments: cedar grove alt plan.pdf Jon, I met with David Franks yesterday and share with him this attached sketch for review and discussion. The economics of retail marketing appear to be shaping the land use of the Cedar Grove area by promoting the consolidation of common land uses into nodes or small zones. Since this has affected much of the original Village Street Plan, I am concerned about the quality of livability for the proposed housing units and the proposed open or public park space in the design presented last Thursday. My alternative concept sketch is an attempt to give the residents of the redevelopment more of a defined "Place" and "Community°. With 2,000 + potential residents in this small area, it is very important to provide circulation and common green areas that compliment the needs of residential living. I am afraid that a more grid-like pattern of the housing units presented last Thursday will not help to unify this new community of residents and promote their neighborhood as a place to be proud of in the larger City of Eagan. Please pass this around to the planners, Planning Commissioners, and City Counal members. I am not promoting this for my self interest but as a public servant who desires the best for the City of Eagan and all of its neighborhoods. Sincerely, Steve Wallick Steve Wallick, Vanman Architects 8~ Builders 669 Winnetka Avenue Suite 210 Golden Valley, MN 55427 763-541-9552/Fax-763-541-9857 (1-888-327-2817) steve@vanmanab.com 12/15/2005 a.~ 1~~ ~ ~~ ~ Y~ a 3~ ~ ~~ ~~~ ~~ ~~ v ~' ~~ ~ v~ ~3 T7 • ~„v~ ~,~1L~ ~~~~ S (~ ~' ~SN • s a~~ 0 3~~ -~ ! .r~r V Q ~~ ~ ~~,~-9~p ~~ N ~~ V k' d ~o N ~° d rn a oz ~~ Agenda Information Memo Eagan Economic Development Authority Meeting December 20, 2005 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. aa~