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02/21/2006 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING February 21, 2006 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE H. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS p A. Swearing in of New Police Officers Jeffrey Thul and Andrew Rapaway IV. CONSENT AGENDA 3 A. APPROVE MINUTES O B. PERSONNEL ITEMS 11 C. APPROVE CHECK REGISTERS ( D. APPROVE Change in Management on Liquor License for Kwik Trip, #662, 3145 Dodd Road /3 E. APPROVE Amusement Device License for Lawrence Brennan /Y6 F. APPROVE Renewal of Consumption and Display Permit for Parkview Golf Club /,*G. APPROVE General Fund Balance Policy and Authorize Transfer to Benefit Accrual Fund ~O H. APPROVE Resolution of Support for Constitutional Amendment for Dedication of Motor Vehicle Sales Tax P71. APPROVE "No Parking" Resolution for Denmark Avenue, between Wescott Road and Duckwood Drive SJ. RECEIVE Assessment Report and Schedule Final Assessment Public Hearing (March 21, 2006) for Project 874, TH 55 Frontage Road / Gift of Mary P30 K. RESCHEDULE the Special City Council meeting from March 14 to March 28, 2006 1p j I L. SCHEDULE a City Council Retreat for March 14 `r-v M. APPROVE Off-Sale Liquor License for Eduard Fisher to operate a liquor store (Amber Liquor) at 4250 Lexington Ave. S p 33N. APPROVE Tobacco License for Eduard Fisher (Amber Liquor) at 4250 Lexington Ave. S. V. PUBLIC HEARINGS P3YA. PROJECT 928, Meadowview Road / Alexander Road (Street Overlay Improvements) and Approve Plans and Specifications/Authorize Advertisement for Bids (Contract 06-02, Citywide Street Improvements) p6/ B. PROJECT 930, Silver Bell Road (Street Overlay Improvements) and Approve Plans and Specifications/Authorize Advertisement for Bids (Contract 06-03, Citywide Street Improvements) VI. OLD BUSINESS gYA. REVIEW COUNTY'S DENIAL OF DIFFLEY MARKETPLACE CIRCULATION AND ACCESS APPEAL B. APPROVE Clarification of Conditions for Consideration of Conditional Use Permit for Buildings Greater than 25,000 s.f. in the Neighborhood Business NB Zoning District VII. NEW BUSINESS 4"A. APPROVE Carrier/ Homing /Racing Pigeon License for Danh Dao I_4B. PRELIMINARY SUBDIVISION -PLANNED DEVELOPMENT AMENDMENT- MFC Properties Corp. - V / (Yankee Square Addition) A preliminary subdivision of 4.99 acres to create three lots and a planned development amendment to allow construction of a 10,000 square foot office building. VIII. ORGANIZATIONAL BUSINESS P/c/A. Appointment of representative to the ECVB ;01162B. Appointment of representatives to the Board of Trustees for Fire Relief Association IX. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE pl,&VA. AUTHORIZE Submission of Comments Regarding Municipal Association Legislative Policies Regarding Redevelopment Districts 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 fl('4 C. APPROVE MINUTES D. OLD BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Receive Update on Developer 10170 Acquisitions of Properties in Project Area E. NEW BUSINESS P/?y 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to Consider an Amendment of the TIF Development Agreement and to Consider the Sale of City Owned Property to U.S. Homes/Lennar for Private Development in the Nicols Ridge Project Area c;'42. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to Consider the Use of Eminent Domain to Acquire the Cedarvale Mall at the Request of its Owner, Schafer Richardson, as Outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richardson 3. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for Building D Property of the Cedarvale Professional Buildings (Eagan Eye Clinic), 3908 Cedarvale Drive 4. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for AVVR (Lundeen) Property, 3994 Cedarvale Drive 15. SOUTHEAST EAGAN STUDY AREA - Approve Amendment of Service Agreement between the City and LHB, Inc. to Complete Analysis of Prospective Redevelopment/Renewal District bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. F. NEW BUSINESS G. OTHER BUSINESS H. ADJOURNMENT X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XH. CLOSED SESSION XIH. 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. 41~p City of EMoro To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: FEBRUARY 17, 2006 Subject: AGENDA INFORMATION FOR FEBRUARY 21, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the February 21, 2006 City Council agenda, the following items are in order for consideration. Agenda Memo February 21, 2006 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS Swearing in of New Police Officers FACTS: Police Chief Therkelsen will introduce new Police Officers Jeffrey Thul and Andrew Rapaway to the Council and community. After a brief introduction they will be administered the oath of office by Mayor Geagan. The new officers began their employment on February 6`h to fill two existing vacancies within the Police Department. Agenda Information Memo February 21, 2006 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the February 7, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the February 7, 2006 regular City Council meeting are enclosed on pages through. MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota February 7, 2006 A Listening Session was held February 7, 2006 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmembers Tilley, Maguire, and Carlson were present. A regular meeting of the Eagan City Council was held on February 7, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Tilley, Maguire and Carlson. (Councilmember Fields arrived at 7:30). Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that item A under New Business regarding a license to house pigeons is being continued to the March 21, 2006 Council meeting. Councilmember Tilley moved, Councihnember Maguire seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATIONS NORTH WATER TREATMENT PLANT AWARD Public Works Director Colbert discussed the expansion and renovation of the recently completed North Water Treatment Plant located on Coachman Road at the City's Central Maintenance Facility. Jim Norton of SEH presented a plaque acknowledging a Grand Award from the American Council of Engineering Companies of Minnesota for the water treatment plant expansion and renovation. 2005 EAGAN PHOTO CONTEST WINNERS Communications Director Garrison presented the winning amateur photographers and their photos. DEMONSTRATION OF WEBCASTING OF CITY MEETINGS Communications Director Tom Garrison and Coordinator Joanna Foote demonstrated the City's new webcasting capability. CONSENT AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the consent agenda. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the January 17, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to acknowledge the internal transfer of Mike Widstrom from Utilities Maintenance Worker to Streets Maintenance Worker. 2. It was recommended to acknowledge the hiring of Andrew Rapaway and Jeffrey Thul as Police Officers. 3. It was recommended to accept the resignation of Jeff Asfahl, Superintendent of Recreation. 4. It was recommended to approve the policy and implementation of the 2006 Compensation Plan for Parks and Recreation seasonal employees. C. Check Registers. It was recommended to ratify the check registers dated January 19, 2006 and January 26, 2006 and February 2, 2006 as presented. D. Exempt Permit. It was recommended to adopt a Resolution approving an Application for Exempt Permit for Ducks Unlimited, Chapter 181 to conduct a raffle on April 25, 2006 at 2280 Cliff Road. y Eagan City Council Meeting Minutes f1 February 7, 2006 Page 2 I E. Tree Contractor License. It was recommended to approve a Tree Contractor License for Huston's Tree Service, 14847 Haven Drive, Apple Valley, MN. F. Fireworks Dipalay Contract. It was recommended to approve the Fireworks Display Contract - RES Specialty Pyrotechnics - Eagan 4th of July Event. G. Beverage Provider. It was recommended to approve the selection of Holiday Inn of Burnsville as the exclusive beverage provider for the Eagan Community Center from March 2006 through February 2009 and direct staff to prepare the appropriate contract for the Mayor's signature. H. Catering Provider. It was recommended to approve the selection of Twin City Catering, Classic Catering and Eagan Green Mill as the exclusive catering providers for the Eagan Community Center from March 2006 through February 2009 and direct staff to prepare the appropriate contract for the Mayor's signature. 1. Partnership - Medica, MRPA and City of Eagan. It was recommended to approve a partnership between MRPA, Medica and the City of Eagan to allow Medica members who join the ECC fitness center to participate in Medica's fitness reimbursement program and direct staff to prepare the appropriate agreements for the Mayor's signature. J. Expansion of BCBS PartnershiR. It was recommended to approve the expansion of the existing BCBS partnership with the Eagan Community Center Fitness Center to include people covered under U-Care. K. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement within Lot 2, Block 1, Cliff Lake Centre 3rd Addition and schedule a public hearing to be held on March 6, 2006. L. City Code Amendment. It was recommended to authorize preparation of City Code Amendment to reassign architectural review responsibilities for development applications in the Cedar Grove Zoning District. M. Correction to Plat. It was recommended to approve a Correction to Plat to correct a lot dimension pertaining to Lot 1, Block 1, Oakview Center in the NW of Section 12. N. Stipulation of Settlement. It was recommended to approve the Stipulation of Settlement between the City and John Wayne Cina concerning the acquisition of the easements for Public Improvement Project No. 874, and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS YANKEE SQUARE ADDITION (BICENTENNIAL 6TH AND 7TH ADDITIONS) City Administrator Hedges introduced this item regarding the vacation of pubic drainage and utility easements within Lot 1, Block 1, Bicentennial 6`h Addition and Lot 1, Block 2 Bicentennial 7`h Addition. Public Works Director Colbert gave a staff report and requested that Council continue consideration of the easement vacations to be concurrent with the Final Plat of Yankee Square Addition. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of vacating the pubic drainage and utility easements within Lot 1, Block 1 Bicentennial 6`h Addition and Lot 1, Block 2 Bicentennial 7`h Addition to be concurrent with the Final Plat approval of Yankee Square Addition. Aye: 4 Nay: 0 VARIANCE - KEVIN CRARY City Administrator Hedges introduced this item regarding a request for a 14 foot Variance to the front setback for a 14' x 14' porch and a 10 foot Variance to the front setback for an 8' x 10' deck for property located at 1823 Jourdan Court. City Planner Ridley gave a staff report. The applicant's mother was in the audience and available for questions. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Mayor Geagan seconded a motion to approve a 14 foot Variance to the front (rear) setback for a 14' x 14' porch for property located at 1823 Jourdan Court in the NE of Section 17, subject to the following conditions: Aye: 4 Nay: 0 '500"0, Eagan City Council Meeting Minutes 4,. February 7, 2006 Page 3 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 porch 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 porch addition is limited to 196 square feet. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve (or direct findings of fact for denial) a 10 foot Variance to the front setback (rear) for an 8' x 10' deck for property located at 1823 Jourdan Court in the NE '/4 of Section 17 subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be obtained prior to construction. VARIANCE - STEVEN AND KATHRYNE FORSBERG City Administrator Hedges introduced this item regarding a Variance to the required 30 foot front yard setback to construct a covered porch addition on the font of a single-family dwelling at 733 Castleton Court. City Planner Ridley gave a staff report. The applicants were available for questions. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to the required 30 foot front yard setback to construct a covered porch addition on the front of a single-family dwelling at 733 Castleton Court in the NW '/4 of Section 24 subject to the following conditions. Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The porch addition shall not exceed the size shown on the proposed site plan. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. NEW BUSINESS CARRIER / HOMING PIGEON LICENSE FOR DAHN DAO Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of a License for a Carrier / Homing / Racing Pigeon License for Dahn Dao, 3880 Princeton Trail, to the February 21, 2006 Council meeting. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow healthcare operations in the office buildings to be located at 2805 Dodd Road and 2854 Highway 55. City Planner Ridley gave a staff report. Some discussion regarding parking needs occurred between staff, Council and Matthew Miller, applicant. Eagan City Council Meeting Minutes DRAFT February 7, 2006 Page 4 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow healthcare operations in the office building to be located on Lot 1, Block 1, Grand Oak Five, at 2805 Dodd Road subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days of the date of Council approval and proof of its recording be provided to the City. 2. Healthcare facilities will not exceed 25,000 usable SF total between Lot 1, Block 1, Grand Oak Five and Lot 4, Block 1, Grand Oak Five. 3. Procedures conducted within the facility shall be those of normal medical office providers (i.e. x-rays, intravenous injections, examinations, blood testing, minor out-patient surgical procedures, etc.) 4. There shall be no overnight stays or major surgeries allowed within the facility. 5. The space shall be designed, constructed, operated and maintained in a manner that will be compatible with the other business uses within the buildings in the business park. 6. The use shall not be harmful or endanger the public health, safety or welfare of the general public in any way. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow healthcare operations in the office building located on Lot 4, Block 1, Grand Oak Five, at 2854 Highway 55 subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days of the date of Council approval and proof of its recording be provided to the City. 2. Healthcare facilities will not exceed 25,000 usable SF total between Lot 1, lock 1, Grand Oak Five and Lot 4, Block 1, Grand Oak Five. 3. Procedures conducted within the facility shall be those of normal medical office providers (i.e. x-rays, intravenous injections, examinations, blood testing, minor out-patient surgical procedures, etc.) 4. There shall be no overnight stays or major surgeries allowed within the facility. 5. The space shall be designed, constructed, operated and maintained in a manner that will be compatible with the other business uses within the buildings in the business park. 6. The use shall not be harmful or endanger the public health, safety or welfare of the general public in any way. ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11 to establish exterior material and design standards for commercial and industrial development. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11 to establish exterior material and design standards for commercial and industrial development and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to establish buildings over 25,000 SF as a Conditional Use in the Neighborhood Business Zoning District. City Planner Ridley gave a staff report. Bill Griffith, Larkin Hoffman, representing Diffley Ventures expressed concern that should this amendment be enacted prior to conclusion of the Diffley Marketplace project, there could be an adverse effect for the property owner should the current plan not proceed. City Attorney Bauer explained that the Diffley Marketplace property is zoned Planned Development and not affected by the amendment and, further, the amendment would not preclude a future application under NB zoning. Eagan City Council Meeting Minutes DRAFT February 7, 2006 Page 5 A neighboring property owner to the proposed Diffley Marketplace stated he does not think the proposed amendment goes as far as it should to regulate the size of businesses that could be built adjacent to existing homes. Councilmembers Carlson and Maguire opined that the proposed amendment was appropriate in that it gives the City Council the ability to determine scale issues on a case by case basis. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11 to establish buildings over 25,000 SF as a Conditional Use in the Neighborhood Business Zoning District and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to the Sign Ordinance to specify gas station canopy signage. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to the Sign Ordinance to specify gas station canopy signage and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE RECOMMENDATION OF THE NOISE OVERSIGHT COMMITTEE (NOC) COMMUNITY REPRESENTATIVES TO MAINTAIN THE EXISTING NOC BYLAW CRITERIA PERTAINING TO PERMANENT REPRESENTATION ON THE NOC City Administrator Hedges discussed the recommendation of the Noise Oversight Committee pertaining to permanent community representation. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the recommendation of the current NOC community representatives to maintain the existing NOC bylaw criteria pertaining to permanent representation of the NOC by not agreeing to add any more permanent community representatives to the NOC. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 8:00 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:15 p.m. ADMINISTRATIVE AGENDA 1. NPDES Permit Tracking Application / SEH Portal Services. Public Works Director Colbert discussed the consultant agreement that would provide the City with access to a website, maintained by SEH, dedicated for City staff to input data to provide all documentation needed to meet the City's National Pollutant Discharge Elimination System Permit and Minnesota Pollution Control Agency requirements. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agreement for the Client Portal Services with the contractor, Short Elliott Hendrickson, Inc and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:20 p.m. Aye: 5 Nay: 0 F0, Eagan City Council Meeting Minutes February 7, 2006 "RAFT Page 6 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 February 21, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS There are no Personnel Items to be considered at this time. w Agenda Information Memo February 21, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 9, 2006 and February 16, 2006 as presented. ATTACHMENTS: Check registers dated February 9, 2006 and February 16, 2006 are enclosed without page number. Agenda Memo February 21, 2006 Regular City Council Meeting CONSENT AGENDA: D. APPROVE CHANGE IN MANAGEMENT ON THE OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE AT KWIK TRIP, 3145 DODD ROAD ACTION TO BE CONSIDERED: To approve a change in management on the off-sale 3.2 percent malt liquor license for Kwik Trip located at 3145 Dodd Road FACTS: • A change in management has occurred at the above referenced location. The new manager of Kwik Trip, Lindsay Beckstrand, has completed the necessary forms and paid the appropriate investigation fee. • The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS: • None The background information is available for review by Council in the Administration Department. Agenda Memo February 21, 2006 CONSENT AGENDA: E. Amusement Device License for Lawrence Brennan ACTION TO BE CONSIDERED: Approve an Amusement Device License for Lawrence Brennan to operate an amusement device at Bonfire Grill, 1555 Cliff Road. FACTS: • Lawrence Brennan has applied for a license to operate an amusement device at the Bonfire Grill at 1555 Cliff Road. • All requirements of the application have been met and fees have been paid. • Staff has reviewed the application and deems it in order for approval. ATTACHMENTS: None The application is available for review by Council in the Administration Department. 13 Agenda Memo Regular City Council Meeting February 21, 2006 CONSENT AGENDA: F. APPROVE RENEWAL OF CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR PARKVIEW GOLF CLUB ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. FACTS: • The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. The Parkview Golf Club is seeking a renewal of their permit at this time. • Staff has reviewed the application and does not find any reason to deny the permit request. ATTACHMENTS (0) The application is available for review in the Administration Department. / I Agenda Information Memo February 21, 2006, Eagan City Council Meeting G. APPROVE GENERAL FUND FUND BALANCE POLICY AND AUTHORIZE A TRANSFER TO THE BENEFIT ACCRUAL FUND ACTION TO BE CONSIDERED: To approve the General Fund Fund Balance Policy and to authorize the transfer of $1,575,000 to the Benefit Accrual Fund to provide funding toward the City's Post Retirement Health Insurance liability. FACTS: • At the August 9, 2005 Special City Council Meeting during the discussion of the General Fund Fund Balance the Council requested a detailed report on how the fund balance has increased and what funds are included in State Auditor's calculation of the fund balance. • Information was provided at the December 12, 2005 Special City Council Meeting and staff was directed to review debt service and capital needs for possible uses of fund balance and to provide options to the City Council in increments of the available fund balance. • The matter including both the policy and potential uses was again discussed at the Special City Council Meeting on February 12, 2006 and staff was directed to place the item on the February 21, 2006 City Council Agenda for official action. • New accounting regulations require the determination and presentation of the unfunded liability for Post Retirement Health Insurance benefits as well as the determination of the annual normal funding cost. The actuarial study to arrive at the necessary information will be undertaken later in 2006. Additional public policy issues relating to the presentation of the information will be brought before the City Council upon completion of the study. • The transfer will be recorded in the December 31, 2005 Financial Report. The fund balance after the transfer would be approximately $9,596,000 or 40% of the 2006 general fund expenditure budget excluding the contingency appropriation. 15 • The City's General Fund Balance use practice currently in place calls for an undesignated fund balance of 30 to 35% of the next year's general fund expenditure budget. • The following table shows the calculation for the available fund balance percentages for the year-ends 1995 through 2005. General Fund Fund Balance Percent Comparison 12-31-1995 Through 12-31-2005 A B C D Year End General Fund Undesignated Next Year's General Fund Balance As a Percent. Year End Fund Balance Budget W/O Contingency of Next Year's Budget 1 12/31/1995 5,914,248 15,159,300 39.0% 2 12/31/1996 7,735,510 15,952,100 48.5% 3 12/31/1997 5,769,242 16,461,800 35.0% 4 12/31/1998 8,163,296 17,241,600 47.3% 5 12/31/1999 10,724,402 18,200,000 58.9% 6 12/31/2000 8,972,051 19,280,700 46.5% 7 12/31/2001 9,680,794 20,795, 700 46.6% 8 12/31/2002 9,328,995 21,369,950 43.7% 9 12/31/2003 9,532,907 21,740,400 43.8% 10 12/31/2004 10,750,543 22,910,400 46.9% 11 12/31/2005 11,171,643 23, 990, 600 46.6% The fund balance for 12/31/2005 is estimated (shown before the transfer) and is reduced by $178,900 appropriated for use in 2006. ATTACHMENTS: • Enclosed on page is a copy of the proposed Policy. FUND BALANCE POLICY FOR THE CITY'S GENERAL FUND Purpose: The purpose of this policy is to set out the targeted range of the undesignated fund balance in the City's General Fund and to delineate the parameters to be considered as the basis for appropriation of the available fund balance resources. Targeted Range: The targeted range for the undesignated fund balance is 40 to 45% of the next year's general fund expenditure budget (excluding any contingency appropriations). Use Parameters The parameters for consideration of appropriation of the undesignated fund balance are as follows: 1. The fund balance is first and foremost the City's first line contingency account and is looked upon as a savings account. 2. Any appropriation of the fund balance should be for projects or expenditures of community wide benefit. Fund balance dollars should not be spent on projects that absent this funding source would not be considered on their own merits. The fund balance expenditures should eliminate existing tax levies or assist in avoiding future tax levies. 3. Appropriations of fund balance dollars should not replace other revenue streams in support of required on-going operational programs or service delivery. Non-replacement of other revenue streams assumes that fees are at proper levels to support related programs, other revenue sources are appropriately collected to support related activities, and that taxes are at fair and competitive levels to support the community's desired level of programs and services. Fund balance appropriations should therefore be viewed as available for one time or transitional expenditures only. Date Policy Approved By City Council: Agenda Information Memo February 21, 2006 Eagan City Council Meeting H. CONSTITUTIONAL AMENDMENT FOR MOTOR VEHICLE SALES TAX DEDICATION ACTION TO BE CONSIDERED: Approve a Resolution of Support for the proposed Constitutional Amendment for the dedication of the Motor Vehicle Sales Tax and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The 2005 Legislature approved the placement of a constitutional amendment on the fall 2006 election ballot. If approved, it will insure a permanent guaranteed dedication of all motor vehicle sales tax (MVST) revenue to the state's transportation fund. • When the MVST was created in 1981, the Legislature promised to dedicate 100% of the revenue to transportation. However, over the years, the Legislature has often diverted a portion of these funds to supplement the General Fund. Currently, 46% of the revenues are allocated to the General Fund. Since 1981, a total of $6 billion has been diverted from transportation needs by legislative directives. • The proposed Constitutional Amendment, as currently worded, stipulates that no less than 40% will be allocated to Public Transit Assistance and no more than 60% will be allocated for Highways Purposes. If approved, this will result in an estimated additional $300 Million per year when it is fully phased in over 4 years. This is equivalent to an additional 9.5¢ per gallon gas tax. However, it does not require an increase in taxes or fees. The $300 million gap left in the general fund is projected to be filled through additional revenues resulting from the state's economic growth over the next 4 years as it is phased in. • Local governments receive a portion of all gas tax and motor vehicle sales tax revenue through its Municipal State Aid (MSA) funding. If this constitutional amendment is approved, it is projected to bring in an additional $1.9 million over the 10-year period of 2008-2017 assuming a 2.5% growth rate in revenue. This would be equivalent to a -13% increase n our current annual MSA allocations. • Passage of this proposed constitutional amendment has been endorsed and is strongly supported by numerous Business Interests, Chambers of Commerce, Labor Organizations, Local Governments, and Advocacy Organizations including the League of Minnesota Cities (LMC) and the Association of Metropolitan Municipalities (AMM). ATTACHMENTS: • AMM Support Letter, pages and • Partial list of supporters, pages .21_ through • Proposed resolution, pages aT and 17 ;f FEB 1 3 2006 Association of. Metropolitan Municipalities February 10, 2006 Mayor Pat Geagan City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 Re: Constitutional Dedication of the Motor Vehicle Sales Tax Dear Mayor Geagan: In 2005, the legislature passed a proposed constitutional amendment that would dedicate 100% of the existing motor vehicle sales tax (MVST) to the highway user tax distribution fund. Previous legislation has already dedicated this money to highway and transit funding under state statute, but as a result of budget shortfalls preceding administrations have used the money to balance the budget. Placing the motor vehicle sales tax in the highway user fund through a constitutional amendment would ensure dedication of the funds. The current proposed amendment, which is enclosed, would take at least 40 percent of the revenue generated by the existing motor vehicle sales tax and dedicate it to transit statewide, and would dedicate no more than 60 percent of the funds towards highways statewide. The conversion of money from the general fund, where it had previously been rerouted, will take place over five years being fully phased in by 2011. There are three issues that have made the Constitutional dedication controversial. First, the amendment language does not guarantee a fixed amount for roads. Second, there is concern that the public will consider the problem to be "fixed" if they vote for the amendment, when we know that the MUST amendment will only provide about 25% of the funding necessary to maintain our current level of congestion. And finally, the dedication of MV ST to transportation financing will create a hole iri the general fund. Critics consider these issues to be fatal flaws and are campaigning against the amendment as it is written. None of these issues, either singularly or in combination is sufficient reason to oppose the amendment. While critics argue that roads will be left out, each biennium 145 University Avenue West Saint Paul, Minnesota 55103-2044 Telephone: (651) 215-4000 Fax: (651) 281-1299 E-mail. amm@amm145.org proceeds from MVST must be legislatively appropriated for roads and transit. Highway funding has a very strong constituency in the legislature and road construction will get its fair share. While it's also true that MVST will only provide a portion of the necessary transportation funding, ($300 million in additional funds compared to a $1 billion need), it represents an important first step toward additional funding. .And finally, while dedicating MVST to transportation may leave a shortfall in the general fund, MVST is a transportation related tax that should be dedicated to transportation uses. The AMM has taken a position, through its transportation policy committee and board of directors, of supporting the proposed constitutional amendment as it is currently drafted. It is acknowledged by transportation advocates and municipalities alike that the current draft of the proposed amendment could have been done differently, however drastic changes to the language at this late stage undermine the ultimate passage of the amendment. The AMM is aware of attempts to change the current language of the amendment and/or defeat the current amendment as it is proposed. The AMM is encouraging individual cities to pass resolutions supporting the passage of the constitutional amendment. Funding for highways and transit is increasingly more difficult to secure and a dedicated more stable source of funding must be sought. Enclosed is a sample resolution that can be used as a starting point for individual city resolutions. We are encouraging cities to pass the resolutions, return an adopted copy and the resolutions will be used in AMM's legislative campaign to show legislators that cities support the passage of the MVST amendment. If there are any questions or concerns please feel to contact either Sarah Erickson at 651-215-4003 sarah(a,amml45.org or Louis Jambois at 651-215-4001 louis(a~amml45.org for more information. \ %ere is ecutive Director Ex c.c. City Administrator/Managers Constitutional Amendment to Dedicate MVST Supporters As of Febmary 10, 2006 Advocacy Organizations AAA of Minnesota/Iowa Central Minnesota Transportation Alliance Dakota Area Resources and Transportation for Seniors (DARTS) I-494 Corridor Commission Metropolitan Council Minneapolis BOMA Minneapolis Downtown Council Minnesota Asphalt Pavement Association Minnesota Business Partnership Minnesota Center for Environmental Advocacy Minnesota County Engineers Association Minnesota Grain and Feed Association Minnesota Public Transit Association Minnesota Senior Federation Minnesota Transportation Alliance Minnesota Trucking Association Minnesotans For An Energy-Efficient Economy National Assn. of Industrial and Office Properties Sierra Club Suburban Transit Association The I-35W Solutions Alliance Transit for Livable Communities Business Best Buy Co., Inc Ecolab Inc. Grande American Bus Sales Hormel Foods Corporation LDI Fibres Lumberman's Underwriting Alliance Target Corporation The Schwan Food Company Wells Fargo Bank, Minnesota, N.A. Chambers of Commerce Anoka Area Chamber of Commerce Burnsville Chamber of Commerce Cambridge Area Chamber of Commerce Greater Mankato Area Chamber of Commerce Hastings Area Chamber of Commerce Hermantown Area Chamber of Commerce International Falls Area Chamber of Commerce Marshall Area Chamber of Commerce Minnesota Chamber of Commerce North Hennepin Area Chamber of Commerce Red Wing Chamber of Commerce Richfield Chamber of Commerce River Heights Chamber of Commerce ~J Rochester Area Chamber of Commerce Saint Paul Area Chamber of Commerce Saint Peter Area Chamber of Commerce Twin West Chamber of Commerce Waconia Chamber of Commerce Wayzata Chamber of Commerce Willmar Lakes Area Chamber of Commerce Labor AFSCME Council 5 Amalgamated Transit Union, Local 1005 International Union of Operating Engineers, Local 49 Laborers District Council of Minnesota and North Dakota Local Governments Anoka County Anoka County Transit Association of Metropolitan Municipalities Beltrami County Benton County Blue Earth County Chippewa County City of Bird Island City of Bloomington City of Burnsville City of Chaska City of Eden Prairie City of Edina City of Golden Valley City of Hutchinson City of Lake City City of North Branch City of Norwood Young America City of Plymouth City of Richfield City of Victoria City of Waconia City of Woodbury Clay County Cottonwood County Douglas County Downtown Minneapolis Transportation Management Organization Duluth Transit Authority Faribault County Far North Public Transit Fillmore County Goodhue County Hubbard County Kittson County Lake County Lake of the Woods County LeSueur County CIO? Lyon County McLeod County Metro Transitways Development Board Metropolitan Inter-County Association Municipal Legislative Commission Murray County Nobles County North Metro Mayors Association Olmsted County Pennington County Pipestone County Ramsey County Ramsey County Regional Railroad Authority Regional Council of Mayors Renville County Rice County Safety Signs Sherburne County Sibley County St. Cloud Metro Bus Steele County Southwest Metro Transit Tri=Cap Transit Connection Wabasha County Watonwan County Winona County Transportation Industry AAA Striping Adolfson & Peterson Aggregate and Ready Mix Association of Minnesota American Agency, Inc. American Council of Engineering Companies of Minnesota Ames Construction Anderson Brothers Construction Company Anderson Trucking Associated Builders & Contractors Inc. Associated General. Contractors of Minnesota Ayres Associates Beckman Trucking Bonestroo and Associates Braun Intertec Corporation CH2M HILL, Inc. Cobb Strecker Dunphy and Zimmerman Concrete Paving Association of Minnesota Costas, Inc. Cretex Concrete Products North C.S McCrossan Inc. Duininck Brothers HDR Inc Highway Construction Industry Council HNTB Corporation c3 Holte Contracting KGM Contractors Inc Kraus-Anderson LeFebvre Companies, Inc. Martin Marietta Materials Mathiowetz Construction Company Mathy Construction Company Mid-State Reclamation and Trucking North Central Aggregates North Central Cement Council Northstar Partners Orion Search Group Ruffridge Johnson Equipment Co Inc SEH, Inc. Sellin Brothers, Inc. Shafer Contracting Co. Inc. Shamrock Disposal Simplex Construction Supplies SRF Consulting Group TFE Toro Express The Hathor Group Tiller Corporation TKDA Tower Asphalt Ulland Brothers URS Corporation Valley Paving Weis Builders, Inc. Wheeler Consolidated Inc - - Wm Mueller & Sons, Inc. WSB & Associates, Inc. Ziegler Inc. d `7 RESOLUTION CITY OF EAGAN RESOLUTION OF SUPPORT FOR PASSAGE OF CONSITUTIONAL AMENDMENT FOR DEDICATION OF MOTOR VEHICLE SALES TAX Whereas, Minnesota's transportation infrastructure forms the backbone of the state's economy and has a direct impact on future economic development; Whereas, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with growing population and related travel demands; Whereas, local governments throughout the state are struggling to maintain local transportation systems while the state's gas tax has not been increased since 1988 and transit budgets have been cut in recent years; Whereas, the Minnesota Legislature has repeatedly looked to the revenue from the Motor Vehicle Sales Tax (MVST), in order to supplement the State's General Fund resulting in only 54% of the MVST being dedicated for both highway purposes and transit systems; Whereas, the legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the ballot November 7, 2006 asking voters if the remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be constitutionally dedicated for highways and transit systems; Whereas, passage of this amendment would mean an increase in stable revenue for highway and transit systems throughout the state that would rise to approximately $300 million per year once the transfer of revenue is fully phased-in by 2011; NOW, THEREFORE, BE IT RESOLVED THAT, the CITY OF EAGAN strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of the Motor Vehicle Sales Tax revenue to transportation with at least 40% of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. Page 1/2 RESOLUTION CITY OF EAGAN RESOLUTION OF SUPPORT FOR PASSAGE OF CONSITUTIONAL AMENDMENT FOR DEDICATION OF MOTOR VEHICLE SALES TAX ADOPTED by the City Council of the City of Eagan this 21 st day of February, 2006. CITY OF EAGAN CITY COUNCIL By: Its: Mayor Attest: Its: Deputy Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: February 21, 2006 CERTIFICATION 1, Mira Pepper, Deputy 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 21 st day of February, 2006. Mira Pepper, Deputy City Clerk Page 2/2 426 Agenda Information Memo February 21, 2006, Eagan City Council Meeting 1. DENMARK AVENUE NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on the west side of Denmark Avenue between Wescott Road and Crestridge Lane, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On October 18, 2005, the City Council approved Project 786 involving street and sidewalk improvements on Denmark Avenue between Wescott Road and Crestridge Lane and authorized the preparation of detailed plans and specifications. • It is desirable for the City to obtain the use of State Aid funding to reimburse the construction costs of the proposed improvements. • The proposed design of the improvements to Denmark Avenue meets the State Aid standards for a minor collector without on-street parking on one side of the street. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. Agenda Information Memo February 21, 2006 Eagan City Council Meeting J. PROJECT 874, TH 55 FRONTAGE ROAD - STREET & UTILITY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Parcels 10- 03800-070-02 and 10-01200-060-02 as part of Project 874 (Trunk Highway 55 North Frontage Road /Gift of Mary - Street & Utility Improvements) and schedule a public hearing to be held on March 21, 2006. FACTS: • Project 874 provided for the installation of sanitary sewer, water main, storm sewer and street improvements for a new frontage road on the north side of TH 55, east of Louis Lane, in conjunction with the proposed Gift of Mary development as outlined and discussed in the feasibility report. • This project, constructed under Contract 03-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the 2003 Fee Schedule for all of the properties not previously assessed. • On October 5, 2004, the City Council approved the Final Assessment only for Parcel 10-29800-010-01 as part of Project 874 and authorized its certification to Dakota County for collection. • At the public hearing, John Cina, 3402 Highway 55, objected to the proposed assessment to his property, including these two parcels, stating he would not benefit from the street and utility improvements. After discussion, the Council removed them from the adopted assessment roll and ordered an appraisal be conducted for Mr. Cina's parcels and continued consideration of the assessment for the property. • An appraisal of the value benefit accrued to the two parcels from the street and utility improvements was obtained as directed. The appraisal indicated the value benefit to the two parcels is well in excess of the proposed assessment amounts. • Engineering staff and the City Attorney's office have reviewed the appraisal and found it to be acceptable. • The proposed final assessment roll for these remaining parcels are now being presented to the Council for their consideration of scheduling a public hearing to again formally present the final costs to be levied against these remaining benefited properties. ATTACHMENTS: C~ • Final Assessment Summary Sheet, page 01/ . C;,)y FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - Project 874 (Parcels 10-01200-060-02 ASSESSMENT - Original - October 5, 2004 & 10-01200-070-02) New - March 21, 2006 NAME - T.H. 55/Gift of MM Frontage Road IMPROVEMENT- December 17, 2002 Utility and Street Installation IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL FINAL RATE F.R. UNITS RATE F.R. UNITS SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk H Lateral $24.00 $24.00 /F.F. ❑ Service ❑ Lat. Benefit/trunk WATER STREET Q Trunk $2,115.00 $2,115.00 /Acre ❑ Gravel Base Ll Lateral $24.25 $24.25 /F.F. Ll Frontage Road 131.85 131.85 F.F. ❑ Service ❑ Multi Fam Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. Driveway OTHER STREET LIGHTS Service Pair ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED 03-04 2 15 Years 4.50% $251,206 F.R.( $223,874 F.R.0) $77,128.72(1) $100,884.29(1) COMMENTS: (1) The feasibility amounts and actual numbers are not comparable. The feasibility report amounts include the Gift of Mary assessments already levied and those to be collected as connection charges when a building permit is issued for the property. The actual assessment amount and city financed portion shown are relative to only the street & utility improvements that provided benefit to the Cina property. 02 Agenda Information Memo February 21, 2006 Eagan City Council Meeting IV. CONSENT AGENDA IC RESCHEDULE THE SPECIAL CITY COUNCIL MEETING FROM MARCH 14, 2006 TO MARCH 28, 2006 ACTIONS TO BE CONSIDERED: To reschedule the Special City Council meeting scheduled for March 14, 2006 to March 28, 2006. FACTS: ➢ At the Council's request, it is proposed that the March 14 Special City Council meeting be rescheduled to March 28, 2006 in order to allow the Council to meet in a goals retreat on March 14, 2006. Agenda Information Memo February 21, 2006 Eagan City Council Meeting IV. CONSENT AGENDA z. SCHEDULE A CITY COUNCIL RETREAT FOR MARCH 14, 2006 ACTIONS TO BE CONSIDERED: To schedule a City Council Retreat on Match 14, 2006. FACTS: ➢ At the Council's request, it is proposed that a City Council retreat be scheduled for March 14, 2006. ➢ It is the City Council's practice to meet early in each year to review the City's goals and work program for the coming year. Agenda Information Memo February 21, 2006 Regular City Council Meeting M. APPROVE OFF-SALE LIQUOR LICENSE FOR AMBER LIQUOR OF EAGAN, INC. ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Amber Liquor, Inc., 4250 Lexington Avenue South, Suite 111. FACTS: ➢ Eduard Fisher has applied for an off-sale liquor license with the City of Eagan. The business will be structured as a corporation. The owner is purchasing the existing Liquor Shoppe. The new owner will operate the establishment using the name of Amber Liquor. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): The application and supporting documentation is available for review in the Administration Department. 3c~ Agenda Information Memo February 21, 2006 Regular City Council Meeting N. APPROVE TOBACCO LICENSE FOR AMBER LIQUOR OF EAGAN, INC. ACTION TO BE CONSIDERED: To approve Tobacco License for Amber Liquor, Inc., 4250 Lexington Avenue South, Suite 111. FACTS: ➢ Eduard Fisher has applied for a tobacco license with the City of Eagan to sell tobacco products at Amber Liquor, Inc., formerly The Liquor Shoppe. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): The application and supporting documentation is available for review in the Administration Department. 33 Agenda Information Memo February 21, 2006 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 928, MEADOWVIEW ROAD/ ALEXANDER ROAD STREET UPGRADE/ REVITALIZATION ACTION TO BE CONSIDERED: 1) Approve OR Deny Project 928 (Meadowview Road/Alexander Road - Street Upgrade/Surface Rehabilitation) 2) Approve the plans and specifications for Contract 06-02 (Citywide Street Improvements including OR deleting Project 928) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 30, 2006; FACTS (for Project 928) • The upgrade of Meadowview Road to current City standards and resurfacing of Alexander Road 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 directed staff to prepare a feasibility report considering the street upgrade of Meadowview Road, west of Highway 13 and the street rehabilitation of Alexander Road, in northwest Eagan, identifying the scope, cost, financing and schedule of these improvements. • On January 17, 2006, the feasibility report for Project 928 was presented to the City Council and a Public Hearing was scheduled for February 21 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on February 15 in the City Hall Eagan Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 10 total properties (all commercial/ industrial) proposed to be assessed under this improvement, five property owners representing four properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. FACTS (for Contract 06-02) • Contract 06-02 provides for the installation of sidewalk and traffic calming improvements along Denmark Avenue (Wescott Rd to Crestridge Ln), the bituminous overlay of the streets in the Saddlehorn/ Sunset Additions (City Project 926), Town Centre Drive/ O'Leary Lane/ Golfview Drive (City Project 933), and Alexander Road (City Project 928), and the upgrade of Meadowview Road (also Project 928), as outlined and discussed in the respective feasibility reports for each of the projects. 3 • On October 18, 2005, the City Council held a public hearing for Project 786. The Council approved the project and authorized preparation of detailed plans and specifications for the 2006 construction season. • On December 5, 2005, the City Council held a public hearing for Project 926. The Council approved the project and authorized preparation of detailed plans and specifications for 2006 construction. • On December 20, 2005, the City Council held public hearing for Project 933. The Council approved the project and authorized preparation of detailed plans and specifications for 2006 construction. • On February 21, 2006, the City Council will hold a public hearing for Project 928. If the project is approved, the Council will also authorize preparation of detailed plans and specifications for 2006 construction. • All of the easements needed for the construction of these improvements have been acquired from the impacted properties. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. If Project 928 is not approved, or is modified by the City Council, the plans and specifications will be modified accordingly. ATTACHMENTS: ~i • Feasibility Report, pages through S Q • Minutes of Informational Meeting, pages,>-Ithrough_164). 35- City of Ea all Report for Meadowview Road/ Alexander Road Street Improvements/ Revitalization City Project No. 928 Eagan, Minnesota February, 2006 r ~ :;a Sa'.._ n......-_.. Lam. .x: : 3\/ City of all February 16, 2006 Pat Geagan MAYOR Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Re: Meadowview Road/ Alexander Road Meg Tilley Street Improvements/ Revitalization COUNCIL MEMBERS City Project No. 928 Thomas Hedges Dear Mayor and City Council: CITY ADMINISTRATOR Attached is our report for the Meadowview Road/ Alexander Road - Street Improvements/ Revitalization, City Project No. 928. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, 3830 Pilot Knob Road Eagan, MN 55122-1810 ?~;017 G 651.675.5000 phone fi~hh P. Gorder 651.675.5012 fax Assistant City Engineer 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 MAINTENANCE FACILITY Professional Engineer under the laws of the State of Minnesota. 3501 Coachman Point Eagan, MN 55122 6- 651.675.5300 phone J P. Gorder 651.675.5360 fax 651.454.8535 TDD Date: Reg. No. 22813 Reviewed By -2- ~h~ www.cityofeagan.com Dept. of Public Works Date: 2 ' ~O Revie.p , PIZ Finance Dept:" Date: f `2 THE LONE OAK TREE The symbol of strength and growth in our community. 3 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction/ History 2 Scope 4 Feasibility and Recommendations 5 Street Evaluation - Alexander Road 5 Proposed Improvements .......................................................................................................................7 Easements/Permits ...............................................................................................................................8 Cost Estimate 8 Assessments ..........................................................................................................................................9 Assessment Financing Options ...........................................................................................................10 Revenue Source ....................................................................................................................................11 Project Schedule ...................................................................................................................................12 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvements/ Assessment Area Map - 3 Meadowview Road - Typical Section - 4 Alexander Road - Typical Section February 2006 Meadowview Road/ Alexander Road Street Improvements/ Revitalization Introduction/ History Y~ Y Meadowview Road - Meadowview Road is the last unimproved gravel rural section roadway in a commercial/ industrial area in the City. It is approximately 1,000 feet long, located in northwest Eagan west of Highway 13. Figure 1, located in Appendix C, illustrates the project location. One-half (30 feet wide) of the public right-of-way for Meadowview Road was dedicated with the adjacent Meadow View plat in 1951. Subsequently, the remaining one-half of right-of-way was acquired through street easement. However, a street was not constructed to city standards with a bituminous surface and concrete curb and gutter. Rather, the current gravel road was constructed and has been minimally maintained by the City and the adjacent property owners. Public sanitary sewer and storm sewer mains were constructed within Meadowview Road in 1995. The upgrade of the gravel road to City standards was not approved at that time. 3 2 Public water main was constructed within Meadowview Road right-of-way as part of adjacent development. The City's Capital Improvement Plan (2006-2010) identifies the consideration of upgrade improvements to Meadowview Road in 2006. In June, 2005 the City Council requested that a feasibility report be prepared to determine the scope, cost, schedule, and method of financing for the upgrade of Meadowview Road from a gravel rural section roadway to a street of current City commercial/ industrial standards. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in Meadowview Road and determined the system is in good working order and that no major repairs are necessary. Alexander Road - Alexander Road extends from Highway 13 to Meadowview Road in northwest Eagan. Alexander Road is approximately 1,200 feet long and is identified for the 2006 overlay improvements (also see Figure 1 for project location). The street was constructed in 1979 as part of an adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying Alexander Road, which is presently at the 25+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that Alexander Road was last seal coated in 1998. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. During the past few construction seasons, the Public .11/0 3 Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas, placed leveling, and maintenance overlays on portions of the streets under consideration. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed bituminous overlay proposed with this project. A portion of Alexander Road was constructed in 1979 with horizontal curvature that does not meet current City standards for commercial/ industrial streets. It is proposed to improve the alignment by reconstructing a portion of Alexander Road (-300 feet) to current street curvature standards, within existing right-of-way. Costs of this reconstruction are not proposed to be assessed. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in Alexander Road and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for the grading, storm sewer catch basin and street upgrade construction of Meadowview Road (approximately 1,000 feet long), west of Highway to Alexander Road. It also provides for the resurfacing (edge mill and overlay) and curvature re-alignment for the approximately 1,200 feet length of Alexander Road. Figure 2, located in Appendix C, illustrates the project limits. Included in the project are adjustments to sanitary/storm sewer utility castings and water gate valves. The project includes is the replacement of diminished street signage and the removal and installation of all existing bituminous or gravel commercial entrances with concrete aprons per current City standards. Also included is the removal of an abandoned sanitary sewer line within the Alexander Road right-of-way. Feasibility and Recommendations This project is necessary to provide for improved safety by providing a bituminous driving surface for vehicles accessing properties on to Meadowview Road. This project is also necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength on Alexander Road. This project is cost effective in that upgrading Meadowview Road will add value to the adjacent individual properties, and that the proposed improvement (resurfacing) of Alexander Road is considerably less expensive than its complete reconstruction. This project is feasible in that this type of improvement has been used successfully to construct and 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 in combination with other similar projects in the area. Street Evaluation - Alexander Road 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 J Routine Maintenance/Crack Seal/Seal Coat 56-100 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct The 200 PCI ranking for Alexander Road has a pavement condition rating of 57 which falls in the lower range of the "Routine Maintenance/Crack Seal/Seal Coat" category, mainly due to the preparatory maintenance performed by City crews as mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category, therefore, the 2006 construction season is the optimal time to construct the bituminous overlay on this street. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavement may be reduced. Proposed Improvements Meadowview Road - This project provides for the upgrade construction of Meadowview Road west from Highway 13 approximately 1,000' to Alexander Road (see Figure 3). A 36-foot wide street section will be constructed to current city standards over the existing subgrade within existing 60-foot wide right-of-way. The street section will consist of a 4 %a" bituminous surface supported by an 8" gravel base, with concrete curb & gutter over a graded subgrade. Where possible, the existing gravel base will be salvaged for re-use in the new street section for economic benefit. Lateral storm sewer will be constructed to connect with existing storm sewer in Meadowview Road to provide drainage for the street surface. Alexander Road - The proposed street improvements to Alexander Road are shown on Figure 4. The existing street section consists of a 4" bituminous surface supported by 8" of gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6-8' wide) to accommodate a 1 1/2 -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for commerciaU industrial streets. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. It is also proposed to reconstruct approximately 300 feet of Alexander Road to improve its horizontal curvature (see Figure 2). This will be accomplished by removing the existing curb/ 6.4 L-A gutter and pavement section around the existing curve, and constructing a new street section with gentler curvature within existing right-of-way. Concrete curb & gutter - Alexander Road - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 20% (0.1 miles) of the existing concrete curb and gutter, beyond the reconstruction portion, will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb h and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new sod to help ensure its growth. Concrete Entrance Aprons - Commercial concrete entrances will be constructed with 7-thick concrete entrance aprons in accordance with Eagan standards to the adjacent properties along both Meadowview Road and Alexander Road. These driveway entrances provide for adequate strength and width and are consistent with similar past projects in commercial/ industrial areas throughout the City. Signage - All traffic control and street identification signage within the project limits will be replaced due to their diminished reflectivity, deteriorated support posts, and the signs or posts no longer meet City and State standards. Utility Service - All properties are connected or have available access to existing sanitary sewer or water mains in the area. Therefore, no utility service extensions are proposed with this project. An abandoned sanitary sewer line within Alexander Road will be removed. ~7~ Easement/Permits All necessary street upgrade and overlay work will be in existing public right-of-way and maintained street areas. A Minnesota Pollution Control Agency General Storm Water permit for grading of Meadowview Road will be required for the project. A MNDOT permit will also be necessary for the proposed street work within Highway 13 right-of-way. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2006 construction costs and include 5% to 10% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs are as follows: Meadowview Rd. Street Upgrade Improvements $181,200 Alexander Rd. Street Overlay Improvements $44,720 Alexander Rd. Curvature Re-alignment $57,100 Concrete Entrance Aprons $49,750 Concrete Curb & Gutter Repair - Alexander Rd. $23,550 Sanitary Sewer Abandonment $7,400 Total Project Cost $363,720 L~ s- Assessments Assessments are proposed to be levied against the benefited properties. The City of Eagan's Special Assessment Policy for street improvements for local commercial/ industrial streets is as follows: City Special Assessment Policy Assessment Ratio Property City Street Improvements - Upgrade 100% 0% Street Improvements - Overlay 100% 0% Concrete Entrance Aprons 100% 0% Concrete C & G Repair 0% 100% Sanitary Sewer Abandonment 0% 100% Meadowview Road Upgrade All zoned commercial and industrial lots as shown on Figure 2, having driveway access on to the Meadowview Road to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the street upgrade costs are assessable for local commercial/ industrial streets, to a maximum of 52 feet in width. The estimated cost per commercial/industrial front foot to be assessed for the Meadowview Road upgrade based on the City Assessment Policy is $81.84/foot and is calculated as follows: 1) % Commercial/Industrial = 100% 2) $181,200 (Meadowview Street Upgrade Cost) $81.841F.F for Street Upgrade 2,214 Commercial/Industrial F.F Alexander Road Overlay All zoned commercial and industrial lots as shown on Figure 2, having driveway access on to the Alexander Road to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the street overlay costs are assessable for local commercial/ industrial streets, to a maximum of 52 feet in width. The costs for the proposed street curvature re-alignment is not proposed to be assessed. 4 9b The estimated cost per commercial/industrial front foot to be assessed for the Alexander Road overlay based on the City Assessment Policy is $21.12/F.F. and is calculated as follows: 1) % Commercial/Industrial = 100% 2) $44,720 (Alexander Street Overlay Cost) 4 $21.12/F.F. for Street Rehabilitation 2,117 Commercial/Industrial F.F Driveway Entrance Replacement Also, all adjacent commercial/ industrial properties with driveways not to current City standards are proposed to be assessed the total cost of driveway entrance replacement improvements on the area of driveway installed. The total driveway improvement assessment per lot is calculated based on the individual requirements needed to replace existing bituminous or gravel entrances . with concrete entrances, on both Meadowview and Alexander Roads, in accordance with current City standards. The estimated cost of driveway replacement is approximately $61.42 S.Y. replaced. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over fifteen (15) years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result per $10,000 assessment based on an estimated 5.5% interest for the assessed amounts: PER $10,000 ASSESSMENT Principal/ Year Interest/ Year Cost/ Year Cost/ Month First Year $670 $550 $1,220 $102 Fifteenth Year $670 $37 $707 $59 10 1/0 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Meadowview Road $181,200 $181,200 -0- Alexander Road $44,720 $44,720 -0- Alex. Rd. Realignment $57,100 -0- $57,100 Concrete Entrance Aprons $49,750 $49,750 -0- Curb & Gutter Repair $23,550 -0- $23,550 Sanitary Sewer Abandon. $7,400 -0- $7,400 TOTALS $363,720 $275,670 $88,050 The estimated project deficit of $88,050 (approx. 24% of total) would be the responsibility of the City Major Street and Utility Funds. ~0 Proiect Schedule Present Draft Feasibility Report to City Council/ Order Public Hearing January 17, 2006 Informational Meeting February 15, 2006 Public Hearing February 21, 2006 Approve Plans and Specifications February 21, 2006 Award Contract April 4, 2006 Project Completion September, 2006 Final Cost Report ............................................................................................October, 2006 Final Assessment Hearing Fall, 2006 First Payment Due with Property Tax Statement May 15, 2007 Appendix A Preliminary Cost Estimate Meadowview Road/ Alexander Road Street Improvements - City Project No. 928 1. Street & Storm Sewer Upgrade - Meadowview Road Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,000.00 $ 2,000 Remove Bit. Driveways S.Y. 250 $5.00 $1,250 Common Excavation C.Y. 1,000 $6.00 $ 6,000 Common Borrow (LV) C.Y. 500 $10.00 $5,000 Aggregate Base, Class V (8") Ton 1,450 $11.00 $15,950 B618 Concrete Curb & Gutter L.F. 2,000 $10.00 $20,000 350/2360 Base Course Mixture (3" Ton 650 $40.00 $26,000 2350/2360Wear Course Mixture (1-1/2") Ton 330 $45.00 $14,850 Bituminous Material for Tack Coat Gal. 200 $3.00 $600 Adjust Valve Box Each 8 $200.00 $1,600 Repair Gate Valve To Section w/ lid Each 2 $200.00 $400 Adjust Frame & Ring Casting (Manhole) Each 10 $550.00 $5,500 Traffic Control L.S. 1 $500.00 $500 Remove & Replace Traffic Signs L.S. 1 $1,500.00 $1,500 Remove Storm Sewer Culverts L.F. 200 $5.00 $x,000. Catch Basin w/ casting Each 4 $800.00 .$3,200 Catch Basin Manhole w/ casting Each 2 $1,500 $3,000 Connect to Ex. Manhole Each 1 $1,300.00 $1,300 12" RC Pipe - CB Leads L.F. 75 $30.00 $3,000 12" RC Long Bends Each 2 $525.00 $2,250 Silt Fence L.F. 500 $4.00 $2,000 Seeding & Mulch Acre 1 $2,000.00 $2,000 Sodding S.Y. 900 $6.00 $5,400 Topsoil Borrow C.Y. 200 $12.00 $2,400 Subtotal $126,700 +10% Contingencies $12,700 Subtotal $139,400 + 30% Indirect Costs $41,800 TOTAL - Meadowview $181,200 ,5^U II. Street Overlay Improvements - Alexander Road Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,000.00 $2,000 Mill Bituminous Pavement S.Y. 1,600 $1.15 $1,840 350/2360 Wear Course Mixture Ton 600 $40.00 $24,000 Bituminous Material for Tack Coat Gal. 300 $2.00 $ 600 Adjust Frame & Ring Casting (Manhole) Each 1 $400.00 $400 Repair Gate Valve To Section w/ cover Each 1 $280.00 $280 -Inch Double Yellow Striping L.F. 1,200 $1.00 $1,200 Traffic Control L.S. 1 $1,000.00 $1,000 Replace Street & Traffic Signs L.S. 1 $1,500.00 $1,500 Subtotal $32,820 +5% Contingencies $1,600 Subtotal $34,420 + 30% Indirect Costs $10,300 Total - Alexander $44,720 111. Concrete Entrance Aprons Item Est. Unit Est. Unit Q . Price Cost 7" Concrete Entrance Apron S.Y. 810 $45.00 $36,450 Subtotal $36,450 5% Contingencies $1,800 Subtotal $38,250 + 30% Indirect Costs $11,500 TOTAL $49,750 S/ IV. Repair Existing Concrete Curb & Gutter - Alexander Road Est. Unit Est. Item Unit Qty- Price Cost Remove Concrete Curb and Gutter L.F. 500 $5.00 $2,500 B618 Concrete Curb and Gutter L.F. 500 $22.00 $11,000 Bituminous Street Patching Ton 15 $150.00 $2,250 Adjust Frame & Ring Casting (C.B) Each 3 $300.00 $ 900 Sod w/To soil S.Y. 60 $10.00 $ 600 Subtotal $17,250 +5% Contingencies $ 900 Subtotal $18,150 + 30% Indirect Costs $ 5,400 Total - Curb/Gutter $23,550 V. Sanitary Sewer Abandonment Item Est. Unit Est. Unit Qty- Price Cost Fill Sanitary Sewer Pipes L.F. 800 $5.00 $4,000 Fill MH Structures EA 2 $500.00 $1,000 Remove MH Castings EA 2 $200.00 $400 Subtotal $ 5,400 5% Contingencies $ 300 Subtotal $ 5,700 + 30% Indirect Costs $ 1,700 TOTAL- Sewer Abandon $ 7,400 VI. Curvature Realignment- Alexander Road Est. Unit Est. Item Unit Qty. Price Cost Remove Concrete Curb and Gutter L.F. 600 $5.00 $3,000 Remove Bituminous Pavement S.Y. 1,200 $3.00 $ 3,600 Clear & Grub Tree Each 4 $500.00 $ 2,000 Common Excavation C.Y. 400 $10.00 $ 4,000 B618 Concrete Curb and Gutter L.F. 600 $15.00 $ 9,000 Class V Aggregate Base (8") Ton 600 $10.00 $ 6,000 2350/ 2360 Bituminous Base (2'/2") Ton 180 $35.00 $ 6,300 Sod w/To soil S.Y. 1,000 $6.00 $6,000 Subtotal $39,900 +10% Contingencies $4,000 Subtotal $43,900 + 30% Indirect Costs $13,200 Total - Curve Realign $57,100 TOTAL PROJECT COST $363,720 5-3 d N 060^ o O C/~ ~ N c/•, ~D N N N rr) NI, b~4 669 59 69 69 64 O 69 r.+ ~ M Nt fsl os GS A d 4 ` u N II 1 1 1 Nt 1 1 1 1 ~ ~ ~ V O vl ~ 00 N C> m 6> M w 0 ~ C:) ~ II'1 lp ~ .,,1 C~ 69 69 69 69 69 6R II k b Q' W N a+ > 69 669 6N9 N69 b69 6N9 0 ^CS eo O N M 00 00 Nt 00 00 N d• N O ~ N o O~~ a/ ca C a y ct 00 ct 00 N N 1 kn I 1 I L U ~ ~ ~ ~ ~ 1 1 1 1 y a~ e~ y vi N N N M N G .O' A 69 69 69 69 69 69 y3 a, v1 r G~ i. QI ~ O O C) kn w d 01 Nt O o A - W cu . 00 > 3 w N ~p t N kn N N 00 V) O~ N 1 1 Q.1 M In .6N I 1 CyQ rs 6q O Ln QI 69 69 69 69 b9 619 Q ~ CC c~a r 00 00 00 00 00 00 00 00 1 1 1 v m 00 00 00 00 00 00 00 00 R 69 69 69 69 69 69 69 69 ~ N O ~ N ~D O Vr O O r~-i ei M N M .N-+ N i i N II G=i N ar R ~w cl Lz cd cl 3 0 Q M Cd cz cd ~ O O O O MO L~r0 o R > O O O N O O O O O O O O O + In _ --i 1 1 1 1 1 1 1 1 1 1 Q) O O O O O O O, O~ O "d O 'CS r A M -1 r + N In r 1 -r3 " p ^CS o o 0 3 0 o o o 0 3 O O 1 1 1 ,S~ 1 1 1 1 1 1 1 X .--1 y y y O 0 0 O 0A O O O O O b A O 0 O -00 00 O O O Ln N v 00 00 a1 01FZ", 4 OQNd Z C> O N N as 00 00 00 O y o 9> M O O 1,-, NM N~ M u `tln ~In ~0000o F" a w I V 00 1 1 O 1 O I V 1 O 1 00 I N ~ O O O O O O O r+ O O O O O t O l~ >Cd y M - M- M M M M - rr + E" 1 K 1 INTERSTATE 494 sa Q =g ~ tw~l z UUVV Y O a XIGNVIEW AYE. f w 3 Project Location RODEYiEW .L " AYE. like K SD IRDDE AVE. SXY M DR. SR E RD RD R11- DR- LONE i ' OAK ROAD Pbt KKi b kmcnlary SclwDl " MEADOWVIEW RD. O X Q110 4NO~R RO 0 A Y h r Sq! F- 0 CL r: O(~l. 3 NARILE DR 01 µD NaR T PR0IIENADE PL `T DEMIRIY PT YANKEE DOO LE ROAD _ Y/~NNEE PL OR - TONN UJ Z 1 I ~glji~ D V~ 1 WESCOTT SILVER BELL RD, • t G:fecsibility Reports2006\928Location 12-15-04 Alexander Rd. / Meadowview Rd. Street Improvements Fig.1 City of Eagan Location Ma - oject 928 r / / ;i' zb rvr % j STATE OF MINNESOTA / 010-04 Q F~ \ 030-04 QQG '~i ~~D~ ~L #3083 J~1 / Py 73; 576'~ EL308 { 382' MEADOW VIEW- 1 11 (ROAD /--~J\ I ! VACATED _ _ `y 2 ~Ils(I'~ I L23~' o c, j \ f II ~a 5 #3103 TRtP2 # 1720 a r#31 05 J EA / - #3107 UN/TFD STgT/ (Exist. Alignment) B 1 ( New A)ignment) # 1710 / 1 y ~O # 3131 N O 11-14-05 LEGEND W E / • ASSESSMENT AREA S NO SCALE STREET UPGRADE I STREET OVERLAY G:Feasibility Reports2006\Proj926 Saddlehorn_Sunset\Streetlmprov Alexander Rd. / Meadowview Rd. City of Eakan Street Improvements Fig. 2 Engineering Department Pro' 28 60' ROW 24'-30' VARIABLE DEPTH AGGREGATE SURFACE Existing Section Meadowview Road 60' ROW 36' (F-F) 8618 CONC. CURB & GUTTER ~~=-77777777~ 11/2- TYPE 2350/2360 BITUMINOUS BITUMINOUS TACK COAT 3" BITUMINOUS BASE 8" CL. 5 AGGREGATE BASE Bituminous Street Upgrade Proposed Typical Section G: FeosibilityReports2D06\Proj928 \typical section3 11-30-05 Meadowview Road City of Eap Fig. 3 Engineering Department Typical Section -Project 928 60'-80' ROW 44' (F-F) 4„ BITUMINOUS SURFACE EX. 8618 8" CL. 5 AGGREGATE BASE CURB & GUTTER Existing Typical Section Alexander Road 60'-80' ROW 44' (F-F) EDGE MILL (6'-8' wide) Typ. 11/2" TYPE 2350/2360 BITUMINOUS OVERLAY REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT „ 4 BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section G:FeasibilityReports2006\Hillandate_931 \typical sections 10-10-05 } of Alexander Road City ol Ea`~~ Fig. 4 p Typical Section - Project 928 Engineering Department 1%4~ CJ CITY PROJECT NO 928 INFORMATIONAL NEIGHBORHOOD MEETING MEADOWVIEW ROAD/ ALEXANDER ROAD STREET UPGRADE/ REVITALIZATION WEDNESDAY, FEBRUARY 15, 2006 3:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 5 representatives of 4 properties (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the property representatives and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • I lease the property at 3107 Sibley Memorial Highway, will access be maintained through construction? Yes, with your property having access from both Meadowview and Alexander, it makes it more convenient to maintain access at all times. Access may be limited in some instances, but the City will work with you to reduce those times. We live at the residential property on Meadowview (3083). We don't see a need for this project or a benefit to our property. Is there a delay in assessments available to older residents? This is the last remaining gravel road in a commercial/ industrial area in the City, and has been difficult to maintain properly through the years, especially for commercial/ industrial uses and vehicles. There is a need and a benefit to upgrading the roadway. There is the possibility of a deferment of assessments based on the property owner's age, if 65 or older. That deferment would have to be granted by the City Council at time of final assessment for the project. • Will the no-parking signs remain in place after the street is widened? The existing parking allowances and enforcement currently in place will remain. If there are any further parking restrictions requested by the property owners, a petition should be submitted to the City for consideration. The meeting adjourned at 4:10 p.m. QFR12006/Minutes-928 - Meadowview-Alexander 71pb City of Eapn NEIGHBORHOOD MEETING ALEXANDER RD / MEADOWVIEW RD PROJECT 928 WEDNESDAY, FEBRUARY 15, 2006,3:30 P.M. NAME ADDRESS 2. t 3. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet Agenda Information Memo February 21, 2006 Eagan City Council Meeting B. PROJECT 930, SILVER BELL ROAD STREET REVITALIZATION ACTION TO BE CONSIDERED: 1) Approve OR Deny Project 930 (Silver Bell Road - Street Rehabilitation) 2) Approve the plans and specifications for Contract 06-03 (Citywide Street Improvements including OR deleting Project 930) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 23, 2006; FACTS (for Project 930): • The resurfacing of Silver Bell Road, from Nicols Road to Kennebec Drive, 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 directed staff to prepare a feasibility report considering the street rehabilitation of Silver Bell Road, in west-central Eagan, identifying the scope, cost, financing and schedule of these improvements. • On January 17, 2006, the feasibility report for Project 930 was presented to the City Council and a Public Hearing was scheduled for February 21 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on February 15 in the City Hall Eagan Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 19 total properties (5 commercial/ industrial, 4 high- density residential, 11 single-family) proposed to be assessed under this improvement, three property owners representing three properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. FACTS (for Contract 06-03): • Contract 06-03 provides for the bituminous overlay of the streets in the Meadowland/ Sun Cliff Additions (City Project 927), Silver Bell Road (Nicols Road to Kennebec Drive - City Project 930), Art Rahn/ Hillandale Additions (City Project 931) and Slater Road/ Whispering Woods/ Slater Acres area (Project 932), outlined and discussed in the respective feasibility reports for each of the projects. • On December 5, 2005, the City Council held a public hearing for Project 927. The Council approved the project and authorized preparation of detailed plans and specifications for the 2006 construction season. • On December 20, 2005, the City Council held public hearings for Projects 931 and 932. The Council approved the projects and authorized preparation of detailed plans and specifications for 2006 construction. 4Kj • On February 21, 2006, the City Council will hold a public hearing for Project 930. If the project is approved, the Council will also authorize preparation of detailed plans and specifications for 2006 construction. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. If Project 930 is not approved, or is modified by the City Council, the plans and specifications will be modified accordingly. ATTACHMENTS: • Feasibility Report, pages/o3 through/ . • Minutes of Informational Meeting, pages through $,3 . 6~ City of Ea all Report for Silver Bell Road (Kennebec to Nicols) Street Revitalization City Project No. 930 77 c VIII a T Eagan, Minnesota February, 2006 63 City of Eapn Pat Geagan February 16, 2006 MAYOR Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Re: Silver Bell Road (Kennebec Road to Nicols Road) Meg Tilley Street Revitalization COUNCIL MEMBERS City Project No. 930 Thomas Hedges Dear Mayor and City Council: CITY ADMINISTRATOR Attached is our report for the Silver Bell Road - Street Revitalization, City Project No. 930. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone John P. Gorder 651.675.5012 fax Assistant City Engineer 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 MAINTENANCE FACILITY Engineer under the laws of the State of 3501 Coachman Point Minnesota. Eagan, MN 55122 651.675.5300 phone John P. Gorder 651.675.5360 fax 651.454.8535 TDD Date: ~2- lb -Gfo Reg. No. 22813 Reviewed By: r www.cityofeagan.com Y1~`• Dept. of Publil Work Date: 2 - < -O(= Reviewed-py ~f THE LONE OAK TREE The symbol of Finance Dept. Date: strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................2 Scope 4 Feasibility and Recommendations ..............................................................................4 Street Evaluation 4 Proposed Improvements ...........................................................................................5 Easements/Permits 7 Cost Estimate 7 Assessments 7 High Density Residential 8 Commercial/Industrial . 9 Low Density Residential 9 Assessment Financing Options 9 Revenue Source 10 Project Schedule ....................................................................................................11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay February 2006 Silver Bell Road 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 0.5 miles of 44-foot wide Silver Bell Road, from Kennebec Drive to Nicols Road, in west- central Eagan is identified for the 2006 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. This section of Silver Bell Road was constructed in 1973 and widened in 1980. A 5-foot concrete sidewalk was also constructed along the south and east side of Silver Bell Road in the area. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 25 - 30+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that Silver Bell Road was seal coated in 1992. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. During the past few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas, placed leveling, and maintenance overlays on portions of the street under consideration. These repairs alone will not substantially extend the life expectancy of the street pavement if not combined with the proposed bituminous overlay proposed with this project. (See example photo) 4h { r`:a Example of City Street Pavement Preparatory Maintenance Area 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. 3~7 Scope This project will provide resurfacing (edge mill and overlay) for approximately 0.5 miles of roadway. Figure 2 located in Appendix C, illustrate the project limits. Also included in this project are replacement of the damaged curb and gutter/ concrete entrances, traffic sign replacement, adjustments to sanitary/storm sewer utility castings and water gate valves, and street light installation. 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. This project is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (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 in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: 0148e PCI Recommended Improvement 56 - 100 ! Routine Maintenance/Crack Seal/Seal Coat 36 - 55 ! Patch/Repair and/or Overlay 0 - 35 Reconstruct The 2005 PCI ranking for Silver Bell Road has a pavement condition rating of 52 which falls in the "Patch/Repair and/or Overlay" category. Therefore, 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 collector street ` consists of 4" bituminous pavement supported by 8" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to - accommodate a 1 V2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for collector 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 s approximately 10% (0.10 miles) of the existing concrete curb and gutter will have to be - replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each 5~ section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new sod to help ensure its growth. Signage - All traffic control and street identification signage within the project limits will be replaced due to their diminished reflectivity, deteriorated support posts, and the signs or posts no longer meet City and State standards. Street Lights - Major intersection street lights (250 watt mast arm style) will be installed at the Silver Bell Road intersections with both Nicols Road and Kennebec Drive. 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 .m ramps. This project provides for the installation of two truncated _ - -w dome pedestrian ramps on the concrete sidewalk within the project area. An on-street bike lane will continue to be provided - - On Silver Bell Road. Example of a truncated dome pedestrian ramp ~Y 1 r 'K t s lcz M 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 costs of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Silver Bell Road • Edge Mill and Overlay .............................................$66,280 • Repair Existing Concrete Curb & Gutter ..................$31,660 • Street Lights ................................................................$9,550 Total ...........................................................$118,020 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R1, 2, 3)* 50% 50% • Multiple Residential (R-4) 75% 25% • Commercial/Industrial 100% 0% Repair Existing Concrete Curb and Gutter 0% 100% Major Intersection Street Lights 0% 100% *A 32/44 street width ratio is used to calculate the R1, 2, 3 residential assessment for collector streets High Density Residential Lots (R-4) All high density R-4 residential lots as shown on Figure 2, having driveway access on to Silver Bell Road are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for these residential properties, regardless of street width. The estimated cost per R-4 residential foot to be assessed based on the City Assessment Policy is $11.44 per foot and is calculated as follows: 1) % High Density Residential (R-4) = 1,217 f. f. / 4,351 (total f.f.) = 28% 2) [$66,280 (Mill & Overlay Cost) x 75% x 28%] _ $13,920 [Total High Density Res. Assessment (R-4)] 3) $13,920 (High Density Residential Assessment) $11.44/foot (R-4) 1,217 High Density Residential F.F 8~1 Commercial and Industrial Lots All commercial and industrial lots as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for collector streets, regardless of width. The estimated cost per commercial/industrial foot to be assessed based on the City Assessment Policy is $15.24/foot and is calculated as follows: 1) % Commercial/Industrial = 2,162 f. f. / 4,351 (total f.f.) = 49.7% 2) [$66,280 (Mill & Overlay Cost) x 100% x 49.7%] =$32,940 (Total Commercial/ Industrial Assessment) 3) $32,940 (Commercial/Industrial Assessment) 4 $15.24/foot 2,162 Commercial/Industrial FY Low Density Residential Lots (Rl, 2, 3) All single-family residential properties (11 total) as shown on Figure 2, having access on to Silver Bell Road to be improved are proposed to be assessed, based on the amount of front footage adjacent to the Silver Bell Road. The City's Assessment Policy states that 50% of the. mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $443 per Single Family Lot and is calculated as follows: 1) Total Frontage - Single Family Residential = 878 f.f./ 4,351 (total ff.) = 20.2% 2) $66,280 (Mill & Overlay Cost) x 50% x 32/44 x 20.2% = $4,870 [Total Res. R1, 2, 3 Assmt] 3) $4,870 (Total Assessment) 4 $ 443/ lot 11 Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is 9 3 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 = $443 Principal Interest Cost Per Year Per Year Per Year First Year $89 $24 $115 Fifth Year $89 $5 $94 Also, for the commercial/industrial and high density residential lots, the following payment schedule per $1,000 assessment will result based on an estimated 5.5% interest for the assessed amounts: Principal Interest Cost Per Year ! Per Year Per Year First Year $200 $55 $255 - - - Fifth Year $200 $11 $211 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $66,280 $51,730 ($14,550) Repair Existing Curb $42,190 -0- ($42,190) Major Int. Street Lights $9,550 -0- ($9,550) Total $118,020 $51,730 ($66,290) The City's Major Street Fund will finance the estimated project deficit of $66,290 (56% of total). 10 Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing January 17, 2006 Neighborhood Meeting February 15, 2006 Public Hearing February 21, 2006 Approve Plans and Specifications February 21, 2006 Award Contract April 4, 2006 Project Completion August, 2006 Final Cost Report September, 2006 Final Assessment Hearing Fall, 2006 First Payment Due with Property Tax Statement May 15, 2007 10 Appendix A -Street Overlay - City Project No. 930 Preliminary Cost Estimate Silver Bell Road Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,000.00 $2,000 Mill Bituminous Pavement S.Y. 2,800 $1.15 $3,220 2350/2360 Wear Course Mixture Ton 900 $40.00 $36,000 Bituminous Material for Tack Coat Gal. 550 $2.00 $1,100 Adjust Frame & Ring Casting (Manhole) Each 5 $400.00 $2,000 Adjust Valve Box Each 2 $175.00 $350 Repair Valve To Section w/ cover Each 1 $275.00 $280 Traffic Control L.S. 1 $1,000.00 $1,000 Replace Street & Traffic Signs L.S. 1 $1,600.00 $1,600 Subtotal $48,550 +5% Contingencies $2,430 Subtotal $50,980 + 30% Indirect Costs $15,300 Total $66,280 ~Q Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty- Price Cost Remove Concrete Curb and Gutter L.F. 400 $5.00 $2,000 B618 Concrete Curb and Gutter L.F. 400 $22.00 $8,800 Concrete Driveway Remove & Replace S.Y. 10 $60.00 $600 Conc Sidewalk w/ Trunc Domes Each 2 $700.00 $1,400 Cone Sidewalk Patching S.F. 200 $15.00 $3,000 Remove & Re 1. CB Struct & Casting Each 7 $1,600.00 $11,200 Remove & Replace MH Casting Each 3 $500.00 $1,500 Adjust Frame & Ring Casting (C.B) Each 3 $300.00 $900 Sod w/To soil S.Y. 150 $10.00 $1,500 Subtotal $30,900 +5% Contingencies $1,550 Subtotal $32,450 + 30% Indirect Costs $9,740 Total - Curb/Gutter $42,190 Major Intersection Street Lights Item Est. Unit Est. Unit Qty- Price Cost 250-Watt Mast Arm Lights Each 2 $3,500.00 $7,000 Subtotal $7,000 +5% Contingencies $350 Subtotal $7,350 +30% Indirect Costs $2,200 Total $9,550 TOTAL PROJECT COST $118,020 1107 Appendix B - City Project No. 930 Preliminary Assessment Roll Silver Bell Road Front Rate / Total Footage F.F. COMMERCIAL/ INDUSTRIAL Dallas Development 1" Addition 2020 Silver Bell Road 10-19600-010-01 804 $15.24 $12,253 Tesseract Addition 3800 Tesseract Place 10-75500-010-01 548 $15.24 $8,352 No prop. address- O.L. A 10-75500-010-00 345 $15.24 $5,258 Un latted No property address 10-01900-040-25 93 $15.24 $1,417 No property address 10-01900-011-02 372 $15.24 $5,669 Totals - C/I 2,162 $32,940 HIGH DENSITY RESIDENTIAL R4) Silver Bell Addition 2091 Silver Bell Road 10-68060-010-01 566 $11.44 $6,475 2095 Silver Bell Road 10-68060-020-01 212 $11.44 $2,425 Vo a ohl Addition 2099 Silver Bell Road 10-82750-010-01 154 $11.44 $1,762 2103 Silver Bell Road 10-82750-020-01 285 $11.44 $3,260 Totals - R4 1,217 $13,920 Lot Unit Equivalent Assessment Total SINGLE-FAMILY RESIDENTIAL Rl Spencer Addition 3786 Nicols Road 10-71400-020-01 1 $443 $443 Un latted 2141 Silver Bell Road 10-01800-010-79 1 $443 $443 2135 Silver Bell Road 10-01800-021-79 1 $443 $443 2131 Silver Bell Road 10-01800-030-79 1 $443 $443 2127 Silver Bell Road 10-01800-040-79 1 $443 $443 2115 Silver Bell Road 10-01800-060-79 2 $443 $443 No Address 10-01800-070-79 1 $443 $443 2139 Silver Bell Road 10-01800-080-79 1 $443 $443 2133 Silver Bell Road 10-01800-091-79 1 $443 $443 2129 Silver Bell Road 10-01800-010-79 1 $443 $443 Totals - R1 11 $4,870 TOTAL ASSESSMENT $51,730 P~ PROJECT LOCATION moo. ~,J ~y . tiicoC~ ~~J ~O '90 I e SILVER BELL - SILVER BELL RD. I I ir I I I ~ i g I e~ m i ~ I ~ I ~ I zi z DEERWOOD DR. jl w ~I of O O ~I Q Ix I I O I Z DIFFLEY ROAD I I a i ° I ~Q I ~ I Z ROgp I I d OQ d O 5 ~ m J CLIFF RD. ui T / s~9 O /a FR Z ~O GALAXIE GAFeasRe orts\FeasRe orts20051Pro•888 Silver Bell Road Figure 41, City of Eap Street Overlay - Proj. 930 Engineering Department 0'20 9 N LEGEND / W E . Assessment Area \ S Street Improvements / NO SCALE if 0 M 5 R U Commercial / Industrial Low Density Residential ( R1,2,3 ) 000090000 High Density Residential ( R4 ) D6D-7B IV I p,0 ~ OUTLOT A 05D-75 # 2103 G~` 1 # 2099 0-1 020.78 V_J ~pP L~ OUTLOT 1 Jy? t ( ~ / 010.78 # 2020 092.79 a2 3 ~ HAZEL ROA ~,V \ # 2O9S ~ / ~ #2133 #2129 ' #2139 rn z ti / DALLAS DEVELOPMENT 2 ~O~ I ST ADDITION 61 o W Q C 1 $0 1 c°,~ 4p z LLB 1 1 °F ~ x]679 _z K NN~' 'L o ~ E p(C ON s 2 OpN # 21a1 # 2135: # 2131 d R N G~ I 01. A L # 2091 # 2020 , #378s~, 16' ; 104 #2u127 J SILVER BELL ROAD 66? ~ , . , 04 4 94,3' ~W / .120..3' 1104.4' 'x'104.4' '104 .4' M g 345.0'® § ff 9f1 w Ns vm 547.7'2 rn 9Y0 Is / -02 , Z 93' ~ M 372' 011 \ 10-01900-040-25 Q / W 1 , U) QU # 3800 J U) a ~0 OUTLOTA ' 1 ~\0 1 I A, G:Feasibility Reports2006\SILVER_BELL-FIG2 12-30-05 41> Silver Bell Road City of EaL(ion d Street Overla - City Project 930 Fig. 2 Engineering Department 80'-90' ROW 44' (F-F) EX. SIDEWALK 4' BITUMINOUS SURFACE EX. B618 8" CL. 5 AGGREGATE BASE CURB & GUTTER Existing Typical Section Silver Bell Road 80'-90' ROW 44' (F-F) EDGE MILL (6'-8' wide) Typ. 11/2" TYPE 2350/2360 BITUMINOUS OVERLAY -777777777~ REPLACE EX. CURB & /EX. SIDEWALK GUTTER AS DIRECTED BITUMINOUS TACK COAT 4 BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section G: FeasibilityReports2006\Proj 930 \typical sections 12-19-05 p Silver Bell Addition ~ City of l Gap Typical S i n - Project 930 Fig. 3 Engineering Department CITY PROJECT NO 930 INFORMATIONAL NEIGHBORHOOD MEETING SILVER BELL ROAD STREET REVITALIZATION WEDNESDAY, FEBRUARY 15, 2006 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 3 residents representing 3 properties (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • Why aren't the houses on Wuthering Heights Road assessed for this project? They use Silver Bell Road just as much as we do. Only properties with first public street access onto Silver Bell Road are proposed to be assessed. The first available public street access for those properties is onto Wuthering Heights Road, a gravel road maintained by the City. When or if Wuthering Heights Road is upgraded, an assessment would be identified for those properties. Therefore, they are not proposed to be assessed under this project on Silver Bell Road. • Speed limit signs should be placed on Silver Bell Road. There should be a speed limit sign on Silver Bell Road just west of Highway 13. City staff make sure one is placed, if not there already. The meeting adjourned at 6:50 p.m. GTR/2006/Minutes-930 - Silver Bell City of Eajan NEIGHBORHOOD MEETING SILVER BELL RD (Nicols - Kennebec) PROJECT 930 WEDNESDAY, FEBRUARY 15, 2006, 6:30 P.M. NAME ADDRESS 1. rzd a""~ ( 3 3 s-;- L r 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet 173 Agenda Information Memo February 21, 2006 Eagan City Council Meeting OLD BUSINESS A. DIFFLEY MARKETPLACE - CIRCULATION & ACCESS ACTION TO BE CONSIDERED: Review County's denial Of Diffley Marketplace Circulation & Access Appeal and provide direction for alternative layout approval. FACTS: • On October 6, the City Council approved a Preliminary Planned Development application for Outlot A of the Lexington Pointe 7t' & 13th Additions (Diffley Market Place) with several conditions. One of the conditions (#28) stated the following: The driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota Countyfor review. • On Oct. 31, 2005, the County Plat Commission reviewed the same development plans along with the Council's added condition of removing the Daniel Dr. access. This condition was not accepted by the County. It was noted that the existing full access median break on Co. Rd. 30 does not meet the County's access spacing requirements. It subsequent closure would result in access being restricted to only right-in/right-out movements from Diffley Rd. However, the County Plat Commission stated its willingness to consider a "3/4" access median break (no left out movements), subject to the City submitting an application for the required variance and providing an internal driveway connection to Daniel Dr. The County also stated the need to better disperse the internal traffic focusing it towards Lexington Ave. • On Dec. 20, the City Council deemed these restrictions to the existing full access and the requirement of a connection to Daniel Dr. unacceptable and elected to pursue a formal appeal process to the County Board. On January 24, the County Board's Physical Development Committee denied the City's request. The full County Board affirmed this denial on January 31. • The Developer has submitted a letter agreeing to the County's proposed "3/4" access restriction and Daniel drive connection. They have submitted a revised site plan that reflects this access constraint along with proposed internal directional signage to promote traffic towards Lexington Ave. No other revisions have been identified that will help to redirect the internal traffic flow to the west. The dedicated driving aisles are basically the same. Agenda Information Memo February 21, 2006 Eagan City Council Meeting OLD BUSINESS DIFFLEY MARKETPLACE - CIRCULATION & ACCESS (Cont.) ISSUES: • A total closure of the existing median opening (vs. a "3/4" opening), which also serves as the west driveway access to Northview Elementary school, will have significant impacts on the circulation for the school site for school buses, drop-off traffic and recreational field/program usage. • With the significant access restrictions required by the County (no exiting left turns), the original internal circulation plan (i.e. dedicated driving aisles) tends to enhance the Daniel Dr access even more so. • Staff believes that, if the development site plan were revised to possibly: 1) Relocate one or both of the small-pad high-traffic generators closer to the central/west portion, and/or 2) Provide a protected driving lane along the south edge of the development to the west, and/or 3) Realign the Daniel access drive making it less of a direct connection, it would significantly help orientate and focus traffic towards Lexington Ave. and minimize its propensity to use the Daniel Dr. access. The developer has not yet embraced these staff suggestions or provided similar significant alternatives for staff's consideration. • The developer is concerned about whether these types of site plan revisions might constitute a substantial change that would require reconsideration of the development approvals to date. The City Attorney has indicated that the preliminary PD approval has established the uses and scale of the development and is not subject to further review. • The Council will need to determine whether it wishes to pursue an application to the County for a variance for a "3/4" access (including a connection to Daniel Dr.) if a revised and staff approved site layout and circulation plan can be provided to the City. ATTACHMENTS: / • Developer's 9/26/05 Site Plan with dedicated driving aisles (shaded), page J0 • Developer's 2/16/06 Site Plan with dedicated driving aisles (shaded), page • Developer's letter, pages T 8' & IF I? . A~ • Developer's Traffic analysis, pages _YO through ( r I I~ ° g r v t~ ' .I 1-Jp t A„ °I ~e I I - f O ~ ~ I I •?:G'x•i T~ . Vii`: - I , R-T, e. --x. Zip. -91 I ~ ::,.•:711/ y , ` I I , - 1 r , ~ I I _ ~ i 1 I I-, I i e t I - ~ - I 2, I - - ~ r : I I 1 3 Kry i Id LI,; I: O O _ - I s k g ; sy ~f I I u v5 a _o y~ •4't I f fib 11 Fn,!(1.> 5 jj:-.• 1 I N'I1 ' JJ 9 9t ICr. T J ~ I '?Cr'.a2~i ~8=n I I : a..u.,,rn-man I` 1 - ~ °esl;xn;;~r I t l.t Irvl I III I , x - t : _ I I to _<<` I ' ~`r _ •i I • r I~. c a i "A fF A t ~ t If ~ .7 a ~ ' §iif ~ U R r$ p ~ tnti~~~;i+23U~~:~i;t{ ~iR Il ~ ~ ~ Y a ty A : Ispl 1 ' Eg k iii9$~:~ii!lEiii3fEl a i 4 4; G. a ~iat~ 7¢7 F;!;i 3 a ♦ igYkzi E ~ S Ie~Rsea;~a;ns;p i ei, elu , fIt L? a i, "~9^ 9A9 V Q •n-. 1 i I- Fe > I I r--i I r ar I F- I + EJ I_ PI ! L_J 511-'' - -r1 E~1~ L2 ' 1.1 YI I -I_ - y q L.J II p. rr I Z I I y O~ _ O x= I~I ~ I I: + I II _1 ~ d~ LJ i C iieoo-i=f I" ;a 3 3 3 3t_ 3 ! l - a rL ~Y1e, b: yl l ~'~II s § § p S 1[ S oIY!I s I I I ~ e` f~ S 9~ f~ Fi 4 F F LJ ° I c:; _ _ _ _ F33 3 x3 3 ~ ~ 33 3 3 3t 3 i I I> = 1 I g ee6 F e ~ Y 6 S y 4 °i I lll~~J ' i EI ~ I I, z Fef;4 °0 sk€i I , t ~°ec ' ~J IN .co5 _ S~ If{_5Fkfa~ i i v:c:_•'`:_~-%:'.•'::~:;:;',.',.`Ci_~~r'• ca :`Yeg8s4po 1 I 11 9r96Z . •..\v/..` ---'_:itt 13•€5~6ifEPi 6~ 991 ••y-•-per ~ F6ae1. ~1{ k re' O - 3.0488105 m c w J ~ If^^If~~I m o m f ~ I ® Reliance Development Company February 15, 2006 Mr. Thomas Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: Diffley Marketplace - Access considerations and traffic impacts Dear Tom, As the owner and developer of the Diffley Marketplace property, this letter is being written to urge the City Council to allow the Diffley Marketplace project to proceed as approved on October 6, 2005 with the access configuration recommended by Dakota County. As you know, the only issue that has persisted relative to the October 6a' approval has been the access configuration to the site from Diffley Road, Lexington Avenue and Daniel Drive. The Council's approval on October 6'h directed city staff to request that Dakota County allow a full, signalized main access point to Diffley Marketplace project combined with a closing of the development's access point to Daniel Drive. The City desired to separate the commercial development from the residential developments that exist along Daniel Drive to the South of Diffley Road. We supported the City's position and agreed that the project would be viable with that access configuration. The City's access configuration request was rejected by Dakota County. The Plat Commission recommended on October 31, 2005 that the main access point to the development be restricted to a % movement (still a variance from County guidelines) and that the Daniel Drive access remain open to the site as it is today. The City Council then directed city staff to appeal the Plat Commission's recommendation. The City's appeal was rejected and the Plat Commission's recommendation was then finally supported by the Dakota County Commissioners on January 31, 2006. The County would not support the broad departure from spacing guidelines that would be required for the main access point to be full and signalized. Also, the County wanted to avoid the current situation of requiring residential traffic from the Daniel Drive area to access commercial development via the County roadway. We agree that the access configuration Reliance Development Company, L.L.P. 1000 Rand Tower 527 Marquette Avenue South Minneapolis, MN 55402-1327 Telephone (612) 338-1000 Facsimile (612) 338-8971 recommended by the County is a workable scenario and are fully prepared to proceed under those conditions. With this background, we, the property owner and developer, find ourselves in a precarious and difficult situation. We have an approved project plan that is both consistent with the City's Comprehensive Guide Plan and commercially viable in the market. However, the City and the County to date have been unable to agree on the access configuration. The bottom line today is that the access configuration most palatable to the City will not be allowed by the County. The access configuration that can be supported by the County is a workable, efficient, safe and effective configuration for the project and surrounding area. The siteplan is attached to this letter for illustration. Also attached is a traffic distribution analysis and summary from Allan Klugman at Westwood Engineering that illustrates that the impact from this project on Daniel Drive is insignificant and well within the designed capacity of that Neighborhood Collector roadway. In conclusion, Diffley Ventures, LLC, the owner of the subject property, ask that the Eagan City Council allow us to proceed with construction of the Diffley Marketplace project as approved on October 6, 2005. Sincerely, John C. Trautz David W. Stradtman 9 Westwood Professional Services 7599 Anagram Drive Eden Prairie, MN 553" MAIN 952-937-5150 rAN 952-937-5822 TOLL FREE 1-888-937-5150 EMAIL wp Owestwoocips.com www.westwoodps.com Westwood Memorandum To: John Gorder, P.E., City of Eagan From: Allan Klugman, P.E., PTOE Date: February 15, 2006 Subject: Traffic Analysis Update for Diffley Marketplace Background and Overview Following the recommendation of the Dakota County Plat Commission on October 31, 2005„to grant access to the Diffley Marketplace site via a "3/4 access" at Diffley and the adoption of this recommendation by the Dakota County Physical Development Commission and Board, we have reviewed the traffic flow patterns that would result with the revised site plan and access patterns. The revised plan contains, in addition to the "3/4 access" at Diffley, a connection to Daniel Drive (as directed by the County) and two connections to Lexington Avenue via cross easements to the west. In this memorandum we review the projected trip generation and resulting traffic volumes and patterns that will exist with the current site plan. Trip Generation The trip generation volumes are summarized as follows: The overall site trip generation is approximately 10,000 trips per day (5,000 in, 5,000 out). • About half of the trips to the site are "new" trips on the roadway system and about half are "passby" trips already on the roadway system • About half of the trips are generated and oriented to the west half of the site and about half are generated and oriented to the east half of the site 0 75% of the site trips are oriented to/from the west (i.e., to/from the north on Lexington, the south on Lexington and the west on Diffley) • 20% of the trips are oriented to/from the east on Diffley • 5% of the new trip generation is oriented to/from the neighborhood via Daniel Drive TVAN CtTMS/METRO 5T. CLOitD 6R[ttNETfD ~Lo John Gorder, P.E., City of Eagan February 15, 2006 Page 2 Site Access and Circulation The original site plan submittal of 2005 requested a full movement access onto Diffley Road opposite the elementary school (i.e., at the access currently known as the "Walgreen's Entrance"). That access plan was denied by the County. As noted by the County Plat Commission in their October 31 recommendation, which denied the full access and recommended the "3/4 access," the granting of the "3/4 access" by the County is a variance to the typical County guidelines which would normally mandate that site access via Diffley be limited to a "right in/right out" access. The county granted the "3/4 access" in order to provide a reasonable level of access to the Diffley Marketplace and to maintain an eastbound left turn movement for buses into the elementary school. Along with the granting of the "3/4 access," the County requested that the site plan be adjusted to enhance the ability of traffic destined to the west on Diffley to be routed westerly through the site to the cross easement drives to Lexington. The revised site plan features more direct linkages within the lot to the west, along with a signing package to direct drivers to Lexington. In addition, the County requested that the access to Daniel be "downplayed" in terms of its attractiveness for vehicles destined to the west on Diffley. To address this point the southeast portion of the site has been adjusted, with parking placed adjacent to the drive aisle to lower the speeds and limit the attractiveness of that linkage. Traffic Volume Forecasts Using the revised site plan layout, the access openings that will be available, and the trip generation volumes and trip distribution patterns, an estimate was made of how the site volumes would distribute to the surrounding roadway links. To prepare this forecast of site volumes, a detailed analysis was conducted of the trip generation volume from each element of the site together with a detailed look at how drivers to and from each direction would likely enter or exit each portion of the site. Conclusions • The projected site traffic volumes added to each link of the roadway network are shown on the attached graphic. • The volumes added at each of these links can be accommodated by the links and surrounding intersections. • The volume destined to Daniel Drive south of the site is estimated at 250 vehicles per day, a small increase for Daniel Drive, which is designated in the City's transportation plan as a neighborhood collector street. • The volume added to Daniel Drive on the short segment between Diffley and the site entrance is projected to be about 800 vehicles per day. This will be John Gorder, P.E., City of Eagan February 15, 2006 Page 3 added to the current volume of about 1,550 on Daniel today just south of Diffley. The resulting volume (approximately 2,350) is well within transportation guidelines, which consider a collector street to typically carry between 1,000 and 15,000 vehicles per day. • It is also noted that without the County variance granting a "3/4 access" (i.e., if only an eastbound right in/right out were allowed for the site), the daily traffic volume added to Daniel Drive would be substantially higher, as all westbound traffic destined to the site would enter via Daniel Drive. i of i J A h I -V S f y 10, t L 1 LAA } I 1 f V i l.' 1 - - i 93 4 F - ti it - ~ I ~ i i ~ l t i 11jJ i S 1 I : . o tt i t Y i r s { r a I 4 r , f r I ` i _ .j: T t • I t < a 1 ~ i [ IFS _ j 1 t ~ 1 r I.J Jao ~t- # 1 I t I ra is TY t r- i , I .a I :I • ~x 21 1 4! k , Y 5 ~i ~ r y u ~rn A G i Y NZ.4 tM1 { f i i 1 Agenda Information Memo February 21, 2006 Eagan City Council Meeting B. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amending Chapter 11, Subdivision 11, Section 11.60 of the City Code and direct the City Attorney to prepare and publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City Council approved the amendment requiring a CUP for NB buildings larger than 25,000 SF on February 7, 2006. The City Attorney has stated that the amendment lacked specific conditions for the council to consider when a CUP request is made. ➢ The revised amendment language suggests three modifications between buildings over 25,000 SF (versus those 25,000 SF or less) for the council to consider. Structure height 25' (30'); Building coverage 15% (20%); and Green space 35% (30%). ATTACHMENTS: (1) Revised Ordinance Amendment language on page through rO . ,~/o ORDINANCE NO. 397 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.60, SUBD. 11 REGARDING BUILDING STANDARDS AND REQUIREMENTS FOR NEIGHBORHOOD BUSINESS ZONING DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER l and 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven, Section 11.60 is hereby amended by adding Subd. 11(C)(l6) to read as follows: 16. A building or structure, ~reatcr than 25,000 square feet, subject to the regulations thereof elsewhere in this subdivision. Section 2. Eagan City Code Chapter Eleven, Section 11.60 is hereby amended by changing Subd. I I (E) to read as follows: E. Bulk standards (minimum unless noted). Lot Area Lot Width Setback From Public Right-of V,, ay 30 feet Side Yard Setback 10 feet Rear Yard Setback 20 feet Adjacent to property for residci itial use 30 feet Structure Height (max.) 30 feet Green Space, 30 percent Building Cover max. 20 percent * Land use guide designation per city's Comprehensive Guide Plan For any building or structure greater than 25,000 square feet, which was approved by a conditional use permit, shall comply with the following requirements: Structure Height (max.) 25 feet Building Coverage max. 15 percent Green Space 35 percent 9~ Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN Oty Council By: Mira Pepper By: Pat Geagan Its: Deputy City Clerk Its:Mavor Date Ordinance Adopted: February 7, 2006 Date Ordinance Published in the Legal Newspaper :February 18, 2006 Date of Advisory Planning Commission Hearing: January 24, 2006 Agenda Memo February 21, 2006 Regular City Council Meeting NEW BUSINESS A. CARRIER / HOMING PIGEON LICENSE FOR DAHN DAO ACTION TO BE CONSIDERED: To approve (or deny) License for Carrier / Homing / Racing Pigeon License Dahn Dao at 3880 Princeton Trail. FACTS: • The Eagan City Code Section 10.12 provides conditions under which a license for the keeping of pigeons can be issued. The City Attorney has advised that licensing is a ministerial function of a City and, provided that an applicant meets the conditions in the City Code for such a license, discretion to deny the license is limited. Licenses are to be issued on an annual basis. • Through a citizen complaint, staff learned that pigeons were being housed at 3880 Princeton Trail. A letter was sent to the property owner explaining the licensing requirements. • Kathleen Gilbertson, Animal Control Officer, visited the property and determined that Mr. Dao has pedigree papers for homing/carrier pigeons. She also concluded that the coop present on the property met animal control's minimum requirement for bird housing. After site inspections were conducted by Mary Granley, Code Enforcement Officer, it was determined that the construction of the coop could, not be defined as being "kept in good repair" as required by Section 10. 12, Subdivision 7 of the City Code. In addition, the coop did not meet the Property Maintenance Code requirements addressed in Section 10.53, Subd. 1A of the City Code. A list of corrections that needed to be made to the coop was provided to the property owner. A completely new coop has been constructed on the property. • On February 15, Code Enforcement Officer Granley conducted an inspection of the new pigeon coop. She concluded that it conforms to the property maintenance requirements of the code and that the non-conforming coop has been removed from the site. • On February 14, Animal Control Officer Gilbertson contacted the property owners and advised them of the need for all birds that are to be kept to have proper registrations and banding at the time of an inspection to be performed on February 17. • The property owner did not keep the appointment for the inspection on the 17th and, as a consequence, Animal Control Officer Gilbertson cannot verify that the birds are properly registered. 99 • Staff is requesting direction as to whether to permit the homeowners additional time to meet the conditions of license or to set a compliance deadline for removal of the birds from the property. While the new structure may conform to code requirements, complaints have been received from neighboring property owners about the keeping of pigeons generally in a residential area and a petition was submitted opposing the pigeon license. • Staff contacted Dakota County Environmental Health Specialist Bev Schomburg regarding health concerns raised by the neighboring property owners. Ms. Schomburg stated that the County has no specific requirements regarding the keeping of pigeons. She explained that should a roosting area be located near an air intake leading to an occupied space, occupants with respiratory sensitivities could have a problem. She further stated that given the distance from the coop to inhabited spaces, she was satisfied that there most likely would not be a health- related problem. • When this item was continued at the City Council meeting on February 7, Councilmembers asked staff to ask the petitioners to clarify the specific concerns they have regarding the facility and its operation on the property. Staff contacted Mr. Reuter as a spokesperson for the neighborhood and were told that Mr. Reuter and/or other neighbors would be submitting documents specific to their concerns. This documentation is being included as attachments as well as a staff memo outlining the concerns. • In addition to the registration, banding and structure requirements, the City Code also lays out a series of requirements for management of the birds by the owner. If a license is granted, it will be necessary for Mr. Dao to comply with those requirements for the term of the license. ATTACHMENTS: • A copy of the application for a carrier / homing / racing pigeon license is attached as pages / 91 through 0 . • A copy of section of the City Code pertaining to carrier pigeon licensing is enclosed on pages /O through d • Correspondence between staff and the applicant is attached as pages through /09. • Correspondence with Lawrence Reuter regarding health concerns is attached as pages / through _/,,Zy , along with a petition from area residents. • A staff memo, dated February 2, addressing issues raised in Mr. Reuter's correspondence is attached as pages 1.75 through • A memo from the City Attorney is attached as page,,. • An additional staff memo, dated February 16, outlining issues raised from neighboring property owners (the Heffeles, Reuters and Neumanns) is attached as pages/33- - 19-4~0 • The most recent correspondence from the Heffeles, Reuters and Neumanns, is attached without page number (see material at the end ofpacket). • Pictures of the original structure, new structure and current property conditions are attached without page number. CITY OF EAGAN CARRIER HOMING / RACING PIGEON LI ENSE APPLICATION 3830 Pilot Knob Road License Fee: $50 Eagan, MN 55122 Renewal Fee: $50 651-675-5000 Name of Applicant Nrl S xt Street Address 3NQ q f n- (A } f) Trt-u City, State, Zip r--O&n -M-1i 551 1) Telephone Number "62 - 7 ~ f 0 Location of structures where pigeons are to be housed, if different from above address: Legal Description of property: S n ow; e- L~~ oS 7 Name of Owner of Property (if different from applicant) Address: Number of pigeons to be kept and harbored on the premises: Verification of identification marks stamped on each pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stamped on the band. Lt _ j ,~~C., ~ fE~,t,G+v~ Vr•Q,y~i~1s ~'cy^'yoz.~ G✓.ai+~.,z D ~ !'a U Cdi►r+r gG A sketch plan of the premises on which pigeons are to be kept, including the location, dimensions and design of the loft must be provided with this application form and comply with specifications outlined in the City Code, Chapter 10.12. License must be renewed annually. j i -FT i ` fi't l2 Ff- ►39 pow PUBLIC PROTECTION, CRIMES AND OFFENSES § 10. laboratory for scientific or experimental purposes, or (5) animals kept in an al hospital or clinic for treatment by a licensed veterinarian, or (6) animals kept in a pe op licensed under the City Code, or (7) as otherwise provided in this section. Subd. 2(a). Kennels. It is unlawful for any person to keep arbor a total of four or more dogs, cats, ferrets, or rabbits, or a combination thereof, o r six months of age, without first obtaining a kennel license from the city as regulate Chapter 6 of this Code. Subd. 3. Animals in transit. It is unlawful fo any person to transport animals unless they are (1) confined within a vehicle, cage or o means of conveyance, or (2) farm animals being transported in a portion of the city zon agricultural, or (3) restrained by means of bridles, halters, ropes or other means of in ' dual restraint. Subd. 4. YYeatment. It is wful for any person to treat any animal, as herein defined, or any other animal in a cru or inhumane manner. Subd. 5. Housing. is unlawful for any person to keep any animal, as herein defined, or any other animal ' any structure infested by rodents, vermin, flies or insects or inadequate for protection ainst the elements. Subd. . ~espasses. It is unlawful for any person to herd, drive or ride any animal over and upon y grass, turf, boulevard, city park, cemetery, garden or lot without specific permission t refor from the owner. / Subd. 7. Harboring carrier pigeons. A Definitions. As used in this subdivision, the following definitions shall apply: 1. Carrier pigeon means any homing or racing pigeon which has the name of the owner stamped upon the wing or tail or is banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band. 2. Homing pigeon and racing pigeon mean a pigeon registered with a national pigeon racing organization and used as a game and competitive bird. Homing and racing pigeons shall not constitute "fowl" as otherwise used in this section unless - such pigeons are raised- for food yr for-similar -commercial purposes- - - - 3. Loft means one or more structures in which carrier pigeons are housed. 4. Pigeon means a member of the family Columbidae. B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any carrier pigeon without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal Supp. No. 9 CD10:18.1 /D 3 § 10.12 EAGAN CODE control officer inspects the premises and lofts thereof. All applications for permit renewal shall be filed within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following: 1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which carrier pigeons are sought to be kept for which the application is submitted; 2. The location and legal description of the premi-,~s on which carrier pigeons are sought to be kept; 3. The number of carrier pigeons kept and harbored on the premises; 4. Verification of identification marks stamped on each carrier pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stamped on the band; 5. A sketch plan of the premises on which carrier pigeons are sought to be kept, . including the location, dimensions and design of the loft; and 6. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. The council may refuse to grant a permit hereunder for any of the following reasons: 1. The application is incomplete and contains false, fraudulent or deceptive state- ments. 2. The applicant has not complied with one or more of the provisions hereunder. 3. The premises or loft thereof for which the permit is sought is not in compliance with all provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 4. The applicant or owner of the premises or carrier pigeons harbored or kept thereon has been convicted of a violation under this subdivision. E. Conditions of permit. A permit granted by the council hereunder shall be subject to the following conditions and to such other conditions as the council may deem necessary and expedient for the protection of health, safety and general welfare of the city: 1. Inspection. The premises and loft(s) thereon for which a permit is issued shall at all reasonable times be open to inspection by the animal control officer or any other city official to determine compliance with this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 2. T}ansferability of permit. Any permit issued hereunder shall be nontransferable except upon application to and with the consent of the council. An application for the transfer shall be made as an application for issuance of the initial permit and Supp. No. 9 CD10:18.2 PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.13 shall conform in all respects with the provisions of subparagraph B, above, governing the filing of the original application. The application for transfer is to be accompanied by a transfer fee as to be determined by the council. 3. Specifications. The construction and location of the loft shall be in compliance with the building and zoning regulations of the city and the following require- ments: (a) No more than two lofts, of which each shall not be greater in size than 24 feet x 12 feet x 14 feet shall be on the premises. (b) No more than 100 pigeons over three months of age shall be kept or harbored on the premises for which the permit applies. (c) No loft shall be within 25 feet of any inhabited dwelling. (d) Each loft shall be maintained in a clean and sanitary condition and kept in good repair, including the removal and disposal of all pigeon waste weekly or more often as required to keep the loft in a sanitary and odor-free condition. (e) Each loft shall have at least two square feet of floor space for each mature carrier pigeon kept therein. (f) All carrier pigeons shall be fed within the confines of the loft, and all feed for the carrier pigeons shall be stored in such containers as to protect against infestation of rodents and other vermin. (g) All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; provided no carrier pigeon shall be released for flying within eight hours of its feeding. (h) No pigeon shall perch or linger on the buildings or property of others. F. Revocation of permit. Any violation of any provision of this section or any conditions of the permit issued hereunder or any misdemeanor and petty misdemeanor conviction of the permit holder under this subdivision shall constitute grounds for revocation of a _ permit issued-bereuuder. - - - (Code 1983, § 10.12, eff. 1-1-83; Ord. No.149, 2nd series, eff. 10-30-92; Ord. No. 270, 2nd series, eff. 12-24-98; Ord. No. 307, 2nd series, § 1, eff. 9-20-01) Cross references-Kennels, § 6.38; pet shops, § 6.43. Sec. 10.13. Trapping prohibited; exceptions. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. 7bap means any device, snare, artificial light, net, bird line, ferret, hawk, vehicle or contrivance whatever used to catch, snare, kill, or otherwise restrain the free movement of animals or birds. 1 B. upping means the act of setting, laying or possession with intent to set or lay a trap. Supp. No. 12 CD10:18.3 city of eagan PAT GEAGAN Mayor November 8, 2005 PEGGY CARLSON CYNDEE FIELDS Mr. Yem Nguyen MIKE MAGUIRE 3880 Princeton Trail MEG TILLEY Eagan, MN 55123 Council Members RE: APPLICATION FOR LICENSE TO HARBOR PIGEONS THOMAS HEDGES Dear Mr. Nguyen: City Administrator It is my understanding that you currently have pigeons caged on your ,property. The City of Eagan requires a license for the harboring of carrier / homing / racing pigeons. Enclosed please find an application form along Municipal Center. with a copy of Section 10.12 of the City Code which outlines the specifications for the structure where the pigeons are to be kept. 3830 Pilot Knob Road Eagan, MN 55122-1897 Please complete the application form and return to me along with a check in Phone: 651.675.5000 the. amount of $50. City staff will review your application and issue your license once all requirements have been met. Should you have any questions, Fax: 651.675.5012 please do not hesitate to contact me at 651-675-5013. TDD: 651.454.8535 Sincerely, Maintenance Facility: 3501 Coachman Point Mira Pepper Eagan, MN 55122 Administrative Secretary Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.ciryofe2gan.com THE LONE OAK TREE The symbol of strength and growth in our community A0 December 16, 2005 Mr. Dahn V. Dao 3880 Princeton Trail Eagan, MN 55123 RE: 3880 Princeton Trail, Pigeon Permit Application and Pigeon Coop Dear Mr. Dao: The City of Eagan continually monitors health, safety, and aesthetic standards by enforcing land use requirements set by City Code. This letter is sent to you to notify you of the conditions of the pigeon coop which require correction prior to the City Council further considering your pigeon permit application. The permit application is scheduled to be heard by the City Council on January 17, 2006. After initial consideration of your permit request, it was concluded the coop may meet animal control's minimum requirement for bird housing, but the construction cannot be defined as being kept in good repair as required by Sec. 10.12 Subd. 7 Harboring carrier pigeons. In addition, the coop does not meet the Property Maintenance Code requirements addressed in City Code Section 10.53 Subd. 1. A. with regard to the following subsections, and the following corrections must be made: Sec. 10.53 PM 2-Exterior Surfaces - Exterior surface condition; all siding, screening, etc. may not have deterioration, holes, breaks, gaps or loose siding or screening. Screened loft area must be securely attached to and supported by the base exterior walls and support brackets. Shelf brackets and white wire shelving are not exterior grade materials, and therefore must be protected from the weather. The screened loft area must be kept in sound and good repair, free of hazardous conditions, anchored to the site and capable of supporting the imposed loads. The screened loft must be attached well enough to support 35 lbs. per square foot of snow load. Rope and wire do not provide a sound connection for the building materials to attach to the structure. Ladders must be removed from the perimeter of the structure when not in use, and stored within the garage. Sec. 10.53 PM 7-Roofs & Drainage Condition Roof structure condition; roofing must be maintained in good repair and attached securely to exterior walls and to the screened loft area. Siding should not be used as roofing material. The City requires that corrective action be taken to assure the pigeon coop is complying with the above requirements. These corrections would need to be made by Friday, January 6, 2006 in order for the City Council to consider your application at the January 17, 2006 City Council meeting. Please contact me as soon as you are satisfied you are meeting all of the above requirements, and the coop will be inspected for compliance. However it is important for you to know, Mr. Dao, it has been our experience that when there are numerous construction corrections required to have a structure be compliant, such as in this case, it may be easier for you to attain compliance by tearing down the structure and starting over. /~19 Enclosed for your use is a handout outlining basic construction methods and materials for typical pigeon lofts. This information was obtained from the web for you as a courtesy only, and is not meant to be a set of requirements established by the City. Thank you, Mr. Dao, for your application and for your patience while your application is under consideration. We appreciate the extra work on your part that may be necessary to assure the coop will meet all health, safety, and structure maintenance and appearance regulations, and we look forward to your cooperation in complying with this request. Please contact me at 651-675- 5690 should you have any questions regarding this request, and when you are ready to have the coop reinspected. Sincerely, Mary G. Code Enforcement Cc: Mira Pepper, Deputy Clerk Jeff Wheeler, Building Inspector Dale Schoeppner, Chief Building Official Mike Ridley, City Planner f ~O February 2, 2006 Mr. Dahn V. Dao 3880 Princeton Trail Eagan, MN 55123 RE: 3880 Princeton Trail, Pigeon License Application and Pigeon Coop Dear Mr. Dao: The City of Eagan conducted a final inspection of your new pigeon coop on February 2, 2006. The new coop meets the minimum requirements necessary to apply for a pigeon license. You may now remove the pigeons from the old coop and house them in the new coop. Thank you for complying with the City's request. Please dismantle and dispose of the old coop that does not meet the code requirements. The old coop must be removed for your property to be compliant with City Code. Please contact me at 651-675-5690 when the coop has been dismantled and removed from the property. We will do a final inspection of your property on Monday, February 6, 2006, and report to the City Council on the status of your property, and if the old coop has been removed your license request will then be sent to the City Council for their review and consideration. Thank you, Mr. Dao, for your hard work constructing the new coop so quickly. We appreciate your effort and hard work. Again, please contact me when the old coop has been dismantled and removed from your property, and we will conduct the property inspection on February 6, 2006. Sincerely, Mary Granley Code Enforcement Cc: Mira Pepper, Deputy Clerk Jeff Wheeler, Building Inspector Dale Schoeppner, Chief Building Official Mike Ridley, City Planner /D ~ January 23, 2006 Lawrence Reuter 3886 Princeton Trail Eagan, MN 55123 RE: Our phone conversation of January 20, 2006 Dear Larry, Thank you for contacting me with your questions concerning the pigeon license application procedure. You were concerned with possible health code issues regarding the keeping of pigeons in residential areas. As we discussed, I spoke with Dakota County Environmental Health Specialist Bev Schomburg concerning the health impact of pigeons being cooped within this residential area. Bev stated they have no specific requirements regarding the keeping of pigeons. She further explained that pigeon feces can breed harmful bacteria, but the roosting area would have to be near an air intake leading to an occupied space. If the occupants have respiratory sensitivities, it could be a problem for them. She was aware of one instance where a wild pigeon nest required removal as it was located in this type of situation. I gave Bev the distance information of the coop to inhabited spaces, and she was satisfied there most likely would not be a health-related problem because of the coop as it is not near any air intake mechanical equipment whatsoever. Should you have further questions relating specifically to environmental health, you may contact Bev at 952-891-7552. Again, thank you for contacting me concerning this matter. If you have further comments or questions pertaining to this pigeon license application, you can contact me at 651-675-5690. Sincerely, Mary Granley Senior Code Enforcement Technician Cc: Bev Schomburg, Dakota County Environmental Health 6) January 30, 2006 Mr. Michael Ridley Eagan City Planning Commission Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 In Re: Application for Pigeon License at 3880 Princeton Trail Dear Mr. Ridley: I am writing to you at the suggestion of Mary Granley regarding my objection to the above Application by the resident of 3880 Princeton Trail, Danh Dao to harbor pigeons on his property. In reviewing his application, it appears that Mr. Dao did not provide the legal description of his property. You are probably aware that Princeton Trail is part of a development in Eagan known as Lexington Square. I would like to address the City Council when this Application will be considered. Please confirm for me the date, time and location of when this review will occur so that I may attend. Please send me any guidelines available for citizens to address the council under these circumstances. I have enclosed for your review and for distribution to the City Council for consideration, the following items: 1. A copy of a Petition signed by thirty residents of Lexington Square. 2. Four sets of photographs of the pigeon coops currently standing in Mr. Dao's backyard. 3. IPM for Pigeons in Schools, Bio-Integral Resource Center, Page 343 summary of pigeon nuisance and hazard concerns. 4. Page 1 of 4 American Racing Pigeon Union, Biosecurity for Pigeon Lofts. 5. Pages 1-8: "What Avian Diseases Can be Transmitted to Humans", by Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather, World Budgerigar Organization. I would appreciate receiving from you a copy of your background investigation and any comments or considerations that the Council will receive regarding this application. Thank you for your assistance herein. Very truly; ~o rs, -Lawrence G. Reuter 3886 Princeton Trail Eagan, MN 55123 651-637-0450 (work) 651-681-0644 Cc: Mary Granley (w/enclosures) ,l~ All About Bird Diseases and Humans Page 1 of 9 Birds Dogs Cats Horses Small & Exotic Pets All About Bird Diseases What Avian Diseases Can Be'Fransn►ilted to Humans? and Humans Avian Diseases Transmissible to I humans I By Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather2 Bird-keepers (pet bird owners and poultry producers) should be aware that some avian diseases can be transmitted to humans. It is important to note, however, that such diseases are uncommon enough that they should not discourage bird-keeping. For most people avian diseases do not pose a serious threat, but bird-keepers should be aware of them and seek medical assistance if necessary. Zoonoses refer to infectious animal diseases that are communicable to humans. The infectious agents can be protozoal, fungal, bacterial, chlamydial or viral. Individual susceptibility and the seriousness of these various microbial infections varies with age, health status, immune status (iinmunodeficient or immunosuppressed), and whether early therapeutic intervention is sought. The ability of a microorganism to make a person sick varies with the virulence of the organism, the dose to which the person is exposed, as well as route of infection. Chlamydiosis, salmonellosis, arizonosis, and colibacillosis are the most common of these infections. Chlamydiosis, salmonellosis, eastern equine encephalitis and avian tuberculosis may be serious and even life- threatening. Chlamydiosis Chlamydia psittaci , an unusual bacteria-like organism, occurs worldwide and affects more than 100 avian species. It causes a disease called psittacosis or parrot fever when it occurs in psittacine birds (curve-beaked, like parrots, parakeets, etc.)and the disease is called ornithosis when diagnosed in all other birds or in humans. In the U.S., chlamydiosis is a major problem with turkeys, pigeons, and psittacines. In Europe, the main avian species affected are ducks and geese. Some birds (turkeys) are extremely susceptible to chla►nydiosis, while others (chickens) are more resistant. ' - 1/2312006 All About Bird Diseases and Humans Page 2 of 9 Ads by Goooooogle Chlamydiosis is primarily transmitted by inhalation of contaminated fecal dust and is spread by carrier birds, which act as the main reservoirs for the disease. The organism is excreted Bird Flu in both the feces and nasal secretions. Shedding is sporadic and Protection Kits is usually induced by stress. A carrier state can persist for Protection Products years. The organism survives drying, which facilitates oral You Need Prices You Can Afford spread and allows transmission on contaminated clothing and www.birdflufree.com equipment. Chlamydiosis can be transmitted bird to bird, feces to bird, and bird to human. Human to human transmission can occur, mainly by exposure to patient's saliva. Infectious Chlamydiosis is an occupational hazard for persons working with Diseases are a. psittacines (parrots, parakeets, etc.) and pigeons, or for people Major Cause of working in turkey slaughter plants and avian diagnostic Death Worldwide.. laboratories. Learn More - You Can Help! The incubation period for chlamydiosis is 4-15 days, although 10 globalhealth.org days is most common. In affected birds, diarrhea, coughing, and ocular and nasal discharges are common signs. There may be a high mortality rate if the disease is unrecognized or untreated. With Nano Mask turkeys there is a drop in egg production. In humans, Nanotechnology chlamydiosis manifests itself as a feverish respiratory disease. enhanced filter There is usually a sudden onset with chills, muscle and joint media. Free pains, headache, cough, loss of appetite, and chest pains. Shipping! Complications may result from an enlarged spleen, inflammation of www.gotpollution.com the heart muscle, and a reduced heart rate. Affected birds must be treated with chlortetracycline or other similar broad-spectrum antibiotics for up to 45 days to clear the Disease - infection. Pigeons and turkeys may require long- term flock Prevention Guide therapy to eliminate carriers. Free Tips & Info Disease Prevention Affected humans are treated with tetracycline for at least 21 Live Long, Be days. Because this antibiotic may become irreversibly bound to Strong, Live Well HeallhMBA.COm certain minerals, the calcium content of food needs to be kept low during treatment. Advertise on this site In Florida, chlamydiosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Chlamydia psittaci . If a person is suspected of having ornithosis, the county public health office must be notified within 48 hours. Salmonellosis There are approximately 200 different serotypes of Salmonella species. Most animals are susceptible to salmonella infection. This bacterial disease occurs most frequently in stressed individuals. Many infections are subclinical. Common clinical symptoms in all species include diarrhea, vomiting, and a low-grade fever. Infections -can progress to dehydration, weakness, and sometimes, especially in the very young or very old, death. In severe cases there can be a high fever, septicemia (blood poisoning), headaches, and an enlarged painful spleen. Focal infections may occur in any organ, including heart, kidney, - 1030006 All About Bird Diseases and Humans Page 3 of 9 joints, meninges (membranes which surround and protect the brain and spinal cord), and the periosteutn (fibrous membrane of connective tissue which closely surrounds all bones except at the joints). The incubation period is 6-72 hours, although 12-36 hours is most common. Salmonella are transmitted by ingestion of food contaminated by fecal matter (fecal-oral route). Excretion of the bacteria commonly varies from a few days to weeks. In some instances (e.g., S. typhi, typhoid fever) infected persons can shed bacteria for life. S. enteriditis in avian fecal material is able to penetrate eggshells, and may be present in uncooked eggs. In most cases, treatment of salmonellosis simply involves treatment of the symptoms with fluids and electrolytes. Antibiotics such as chloramphenicol, nitrofurans, or ampicillin are only indicated when the bacteria has localized in areas of the body peripheral to the intestinal tract. In Florida, salmonellosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Salmonella species. If a person is suspected of having salmonellosis, the county public health office must be notified within 48 hours. Colibacillosis Colibacillosis is caused by Escherichia coli infection. E. coli is a bacteria which normally inhabits the intestinal tract of all animals. There are a number of different strains, many species-specific. Not all strains are pathogenic. In poultry, E. coli infections may cause septicemia, chronic respiratory disease, synovitis (inflammation of the joints which can lead to lameness), pericarditis (inflammation of the sac around the heart), and salpingitis (inflammation of the oviduct). Humans with colibacillosis usually manifest diarrhea which may be complicated by other syndromes depending on the E. coli serotype. These complications may include fever, dysentery, shock, and purpura (multiple small purplish hemorrhages in the skin and mucous membranes). The incubation period is 12 hours to 5 days, although 12-72 hours is most common. Transmission is via the fecal-oral route. Colibacillosis is often food- or water-borne. In most cases, symptomatic treatment (fluids, antidiarrheals) is all that is required. In more severe infections, antibiotics such as tetracycline and chloramphenicol may be necessary. In Florida, colibacillosis is not a reportable zoonotic disease. Arizona Infections (Arizonosis) Arizona infections are caused by the bacteria Salmonella arizona S. arizona occurs worldwide. It occurs most frequently in 1/23/2006 All About Bird Diseases and Humans Page 4 of 9 reptiles and birds, but all animals are probably susceptible. The young are at greatest risk. In most poultry species S. arizona infection results in reduced egg production and hatchability. 11oults and chicks show weakness, anorexia, and shivering. Outbreaks in turkeys, chickens, and canaries can have up to 60% mortality. In humans, diarrhea is most common. Many infections are subclinical. Septicemia can occur in immunocompromised individuals. The incubation period is 6-72 hours, although 12-36 hours is most common. Transmission is by the fecal-oral route. There is some transmission through eggs. Infected birds can become long-term intestinal carriers. Numerous antibiotics reduce case fatality, but do not clear intestines of the carrier state. S. arizona is somewhat less hardy than most salmonella but can survive for months in soil, feed and water. Arizona infection is not a reportable zoonotic disease in Florida. Eastern Equine Encephalitis Eastern equine encephalitis (EEE) is caused by a RNA virus in the genus Alphavirus , family Togaviridae. Outbreaks can occur in commercially raised pheasants, chickens, bobwhite quail, ducks, turkeys, and emus. Abdominal distress and dysentery are the most obvious signs. EEE is mosquito-borne. The virus circulates in a mosquito-bird cycle in which passerine birds (i.e., song birds such as swallows, starlings, jays, and finches) are the most common reservoir. The mosquitoes become infected and feed on birds, horses, and humans, further spreading the infection. In pheasants, initial infection is mosquito-borne, but additional dissemination occurs by pecking and cannibalism. Most epidemics occur between late August and the first frost. Cases may occur year-round in areas like Florida which have a prolonged mosquito season. EEE usually affects persons under 15 or over 50 years of age. In adults there is a sudden onset of high fever, headache, vomiting, and lethargy, progressing rapidly to neck stiffness, convulsions, spasticity, delirium, tremors, stupor and coma. In children, EEE is typically manifested by fever, headaches and vomiting for 1-2 days. After an apparent recovery, encephalitis (inflammation of the brain) is characterized by quick onset and great severity follows. Retardation or other permanent neurologic consequences are common in survivors. EEE is not a reportable zoonotic disease in Florida. Avian Tuberculosis Avian tuberculosis is caused by (lie bacteria Mycobacterium avium -.•.+-;f_111imnn lon,l 1/23/2006 All About Bird Diseases and Humans Page 5 of 9 which is closely related to the human and bovine tuberculosis bacteria. In birds, M. avium causes a chronic debilitating disease with tubercular nodules. In humans, M. avium infections can cause local wound infections with swelling of regional lymph nodes. The infection is most severe in inununocompromised individuals. M. avium is spread by ingestion of food or water contaminated by feces from shedder birds. Tuberculous poultry flocks should be depopulated. While most Mycobacterium infections are treatable with antibiotics, M. avium infection is the exception. M. avium is highly resistant to antibiotics. Surgical excision and lymph node removal are often necessary to eliminate infection. In Florida, avian tuberculosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Mycobacterium avium . If a person is suspected of having tuberculosis, the county public health office must be notified within 48 hours. Histoplasmosis Certain fungi prefer to grow in soils enriched with avian manures. Histoplasma capsulatum is one of these. The fungus is also associated with construction sites and caves. Birds are not susceptible to infection, but histoplasmosis can affect humans, dogs, cats, cattle, sheep, horses, and many wild mammals. The incubation period is 7-14 days. Most cases in humans are asymptomatic. Disease may be manifested in three forms: acute pulmonary (most common), chronic cavitary pulmonary, and disseminated. The acute pulmonary form is influenza-like and lasts up to several weeks. It is characterized by chills, chest pain, nonproductive cough, fever, and malaise. The chronic form occurs in people over 40 and resembles tuberculosis. It is characterized by a productive cough, pus-like sputum (material expelled from the respiratory passages), weight loss, and shortness of breath. The disseminated form occurs in the very young or the elderly. Lesions include enlarged spleen and liver, and mucosal ulceration. The disseminated form of histoplasmosis can be fatal if not treated. Amphotericin B has been used to treat histoplasmosis. Transmission occurs by inhalation of spores produced by growth of the mold. Histoplasmosis is not a communicable disease. The reservoir is the soil, especially when enriched with droppings from birds or bats. Wet the area and wear a face mask or respirator when working in suspect surroundings. Spraying the soil with a formaldehyde solution has been used to kill the fungi. Although this disease is avian-associated, it is not a zoonotic disease, because the reservoir is soil and not the birds. This is, however, of little consequence to the unfortunates who become infected. . • 1_----_ r,+,,,~ 1/23/2006 All About Bird Diseases and Humans Page 6 of 9 In Florida, histoplasmosis is a reportable disease. If a person is suspected of having histoplasmosis, the county public health office must be notified within 48 hours. Cryptococcosis Another fungus that prefers to grow in soils enriched with avian manures is Cryptococcus neoformans. The incubation period is probably weeks. Infections are seen in many mammals, but occur most frequently in humans, horses, dogs, and cats. Infections are rare in birds. Transmission of cryptococcosis is usually by inhalation of this yeast-like fungus, although it can occasionally occur by ingestion. Humans can pick up cryptococcosis from exposure to old pigeon nests or droppings. In humans, cryptococcosis is manifested as meningitis or meningoencephalitis, and it is usually preceded by pulmonary infection with cough, blood-tinged sputum, fever, and malaise. The course of the disease is usually chronic. There is usually fever, cough, chest pain, and spitting of blood from the respiratory tract, followed by headache, stiff neck and visual disturbances. As with histoplasmosis, this disease is avian-associated, but not a zoonotic disease because the reservoir is soil and not the birds. In Florida, cryptococcosis is not a reportable disease. Cryptosporidiosis Cryptosporidiosis is caused by protozoa of the genus Cryptosporidium . There are three known species, C. baileyi , C. meleagridis and an unnamed species in quail. Cryptosporidiosis normally causes respiratory problems in chickens and turkeys. It can also cause gastroenteritis and diarrhea. In humans, it causes abdominal pain, nausea, and watery diarrhea lasting 3-4 days. In immunocompromised people, it can cause severe, persistent diarrhea with associated malabsorption of nutrients and weight loss. The incubation period is 3-7 days, and it is spread via the fecal-oral route by ingestion of infective oocysts. In Florida, cryptosporidiosis is a reportable disease. If a person is suspected of having cryptosporidiosis, the county public health office must be notified within 48 hours. Allergic Alveolitis Allergic alveolitis, also known as pigeon breeder's lung, budgerigar dander pneumoconiosis, and a variety of other complex names, is one of the most significant avian zoonotic diseases. It may occur as an acute, subacute, or chronic problem. Clinical signs are caused by reduced lung capacity due to a 1/23/2006 All About Bird Diseases and Humans Page 7 of 9 hypersensitivity reaction to feathers, dander, or fecal dust. Inflammation of the pulmonary air exchange units (alveoli) is the inciting lesion. The acute form of the disease is usually precipitated by an overwhelming exposure in a previously sensitized individual, such as that which might occur in cleaning out a pigeon loft. Symptoms occur within a short time, and include cough, difficult respiration, fever, and chills. If exposure ceases at this point, the symptoms resolve and no treatment is necessary. Chronic, low-grade exposure is more serious, and symptoms may be mistakenly attributed to a stubborn cold or flu. Affected individuals have a chronic nonproductive cough, exercise intolerance, and weight loss. Permanent lung lesions may develop, including pulmonary fibrosis that reduces gaseous exchange and lung capacity. Chronic allergic alveolitis can develop in as little as 2 years, but usually takes 10-20 years. Patients diagnosed with the chronic form of the disease may have no choice except to eliminate all exposure to birds. Exposure to even minute quantities of feathers, dander, or feces may precipitate a recurrence of severe respiratory distress. The severity of the disease can be reduced by wearing face masks while cleaning cages, cleaning cages daily, bathing pet birds frequently, and installing air purification systems. Conclusions Bird-keepers should be aware that they can contract certain illnesses from their birds. The frequency of disease transmission from birds to humans is low, but the very young, the elderly, and those with compromised immune systems should be cautious. Many of these diseases are transmitted by ingestion of food contaminated by fecal matter. Prevention of most of these diseases, therefore, simply involves proper hygiene and sanitation. Wearing a face mask to avoid inhaling bird dust is also recommended. If you have persistent flu-like symptoms when no one else you know is affected, see a doctor and mention that you raise birds. Such symptoms may be indicative of a disease spread from birds to humans. Footnotes 1. This document is FACT SHEET PS-23, one of a series of the Dairy and Poultry Sciences Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida. First printed August 1997. Please visit the FAIRS Website at http://Iiammock.ifas.ufl.edu. 2. Jacqueline P. Jacob, poultry extension coordinator with Dairy/Poultry Sciences, Jack M. Gaskin, associate professor with Veterinary Medicine-Pathobiology, Henry R. Wilson, professor with Dairy/Poultry Sciences, and F. Ben Mather, poultry extension 1/23/2006 All About Bird Diseases and Humans Page 8 of 9 specialist with Dairy/Poultry Sciences, Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, 32611. Copyright Information This document is copyrighted by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) for the people of the State of Florida. UFAFAS retains all rights under all conventions, but permits free reproduction by all agents and offices of the Cooperative Extension Service and the people of the State of Florida. Permission is granted to others to use these materials in part or in full for educational purposes, provided that full credit is given to the OF/IFAS, citing the publication, its source, and date of publication. Acknowledgement This article by Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather is supplied by the World Budgerigar Organisation (www.worldbudgerigar.org), as part of their encouraged exchange of research information, and reprinted with kind permission from American Budgerigar Society Magazine. See Also: l..udex of All _Bird. Care.,& Birdie Fun Stuff Search Our. Site .ch- Petey Petunia's Bird Supplies & Gift.Shop F ee-. Tippy_.._& Alfred's Fun Pet Newsletter Absolutely.Adorable Stuffed Plush Birds Colorful Bird Calendars Beautiful Bird Posters 42,9 1/2-3/2006 • _ © IPM for Pigeons in Schools Adapted from Material by W. Quarles, Bio-Integral Resource Center Pigeons not only make themselves a nuisance by Pigeons are gregarious birds that flock together in their roosting and nesting activity and their noisy groups of several hundred. They move about, feed, behavior, but they also carry and transmit a variety and fly together. Each feeding flock is associated of human and avian diseases. Pigeons and their with a particular food source, but the individuals in nests can also harbor a number of ectoparasites tha a feeding flock may disperse to other flocks that are known to attack humans. roost and loaf in different areas, some close to the food source and some distant. Roosting, nesting, Pigeon droppings deface buildings and statues and and loafing (daytime resting) sites tend to be their acidity can hasten the deterioration of these located in high, protected areas, such as building structures. Droppings can foul areas where people ledges and roofs, drain spouts, steeples, and other walk, sit, or work and in large amounts can kill architectural details that provide suitable space. vegetation and produce flies and objectionable Being creatures of habit, pigeons routinely feed, odors. Droppings that accumulate on stairs, fire nest, and roost in the same places. escapes, or other walking surfaces make these areas slippery and dangerous. Debris from pigeons and In rural areas pigeons feed on grain and seeds such their nests can clog gutters, downspouts, and as corn, wheat, rye, barley, millet, sunflower seeds, drains. and rape seeds. In urban areas, they scavenge for bread, garbage, fruits, greens, and weed seeds. Pigeons are known to carry and transmit diseases to Pigeons occasionally feed on insects and livestock humans through their droppings, especially when manure. Like chickens, pigeons need grit in their the feces dry and particles become airborne. It is crop to grind up their food. rare for health officials to specifically attribute disease outbreaks to flocks of pigeons. The poten- Pigeons have several broods per year, and some- tial for transmission however is real and should be times lay a new clutch of eggs in the nest before the taken seriously when these birds live in close fledglings are out. Although breeding continues proximity to humans. Diseases spread by pigeons year around, it peaks in spring and summer. include aspergillosis, candidiasis, cryptococcosis, encephalitis, histoplasmosis, Newcastle disease, Detection and Monitoring ornithosis, salmonellosis, and toxoplasmosis. A detailed and accurate survey is necessary before you design a management plan. You will need to Bio ogy consider all the factors that affect the bird problem Typically, the feral pigeon (Columba Livia) has a including public relations and local, state, and gray body with a whitish rump, two black bars on federal laws that impact management methods. the secondary wing feathers, a broad black band on The survey process may be time consuming and the tail, and red feet. Color variations include labor intensive, but the effectiveness of your manage- brown, rust, mostly white, and blackish. 343 ill merican Racing Pigeon Union I Homing Pigeons Sport Flyers Page 1 of 3 American Racing Pigeon Union AU ,MI t PON 141 ix About The AU information 3 Events Promotions & Media Relations Special Interests Lost Bird Info TL Home' Biosecurity for Pigeon Lofts Banyon PML For those who do not understand the term "biosecurity" we would offer the following. In its simplest terms, ►-uwe biosecurity is what you do to stop the spread of disease within and to your loft. On a broader scale, it is a Pigeon Rad6a- formal system of stopping the movement of a bacteria or viruses from one animal to another, from one loft to another, or in some cases, from one person to another. Biosecurity measures are not necessarily Bird Releases expensive. In fact, except for the cost of some disinfectant products and, perhaps, for those who want Book-Mailing list them, disposable smocks, hats and shoe covers, biosecurity costs can be controlled, and they should be minimal. In most cases, lofts can be very cheaply and quickly adapted to implement adequate biosecurity The K Factor measures, even if construction of barricades or fences is necessary. Software vsndors Most handlers already apply some form of effective biosecurity measures: Ladies Auxiliary 1. Cleaning the fountains twice a day is biosecurity; 2. Cleaning and scraping perches is biosecurity; Veterinarians 3. Spraying the loft for parasites is biosecurity; 4. Storing feed in rodent proof steel bins is biosecurity; Special Awards 5. Wearing a hat in the loft is biosecurity; 6. Isolating new stock for at least 14 days is biosecurity; School Projects pigeons in war These are common biosecurity measures that most of us do everyday, we do it to prevent the spread of disease. We have just never thought of it in such terms, in the sense of "biosecurity" terms! Sometimes, l;iz Kor simply changing the order in which you approach a task provides adequate biosecurity, such as the way - you handle your feed bags (if they're stored in the loft). Based on our understanding of the sources and transmission of various disease agents, the following recommendations have been designed to prevent the spread of viruses and bacteria between racing pigeon lofts and the introduction of new infections to susceptible birds. Our recommendations have been divided into best and alternate practices so that these recommendations can be adapted to every loft. We have outlined these recommendations based on the three key principles of biosecurity, isolation, traffic control, and sanitation. Isolation refers to the confinement of your birds within a controlled environment. A fence keeps your birds in, but it also keeps other animals out. 1. Perimeter control. Every flock must be isolated from ALL other birds, especially any kind of chicken. a. BEST PRACTICE: The best way to isolate a loft is to install complete fencing around the perimeter of the loft will keep other birds out. b. Alternative methods to achieve isolation: If there are no birds in your neighborhood or you have no neighbors, then you already have a buffer zone that establishes isolation. If your neighbor has chickens in an enclosure close to your loft, you might ask him to move it, or move your loft, or better still, move both as far apart as is physically possible. c. Keys to achieving isolation: • Gates can help to achieve isolation, sometimes without perimeter fencing. A gate that crosses a driveway is a very effective way to stop vehicle traffic. But, gates must be kept closed in order to be effective. • A buffer zone between lofts or flocks must be achieved, whether or not there is good perimeter fencing. Establishing a buffer zone may require negotiation with neighbors to house their birds on a part of their property away from an existing loft or relocation of a loft to another part of a property. /0? 4~ 02/03/200, nencan Racing Pigeon Union I Homing Pigeons I Sport Flyers Page 2 of 3 2. Introduction of new birds to your flock. New birds entering a loft can bring unwanted disease agents with them. a. Quarantine new birds for a minimum of 14 days - this is a must. b. Pre-purchase testing, if economically feasible and available. 3. Avoid contact with any other birds, in particular chickens. Other bird species can carry disease agents that pigeon owners do not want in their lofts. The following contacts are listed in descending order of their importance in disease danger. i. Live bird markets, auctions, and shows. ii. Dead birds, especially pigeons. iii. Pet or feed stores that sell excess racing pigeon stock. iv. Hunting (any species of bird or animal). a. BEST PRACTICE: Avoid contact with ALL other birds, in particular, chickens. When there is contact, change clothes and shower before returning to your loft. This practice is critical when the most dangerous contacts on the list have been made. b. Alternative practice: Avoid the most dangerous contacts with other birds. After contact with birds owned by trusted hobbyists or friends, change into dedicated protective clothing that will be left in the loft and wash your hands thoroughly with soap and water before returning to your loft. Hand washing is one of the simplest and most effective biosecurity measures available to us. 4. Prepare a plan for self-quarantine. When one member of the club has disease or illness in his loft, he should be prepared to take extra steps to prevent the spread of disease to other members of the club. Those steps should include not moving birds, stopping all non-essential visits, and notification of other lofts that may have been inadvertently exposed. Traffic Control includes both the traffic onto your premises/property and the traffic patterns of both you and visitors on and within your premises/property. Sometimes, simply changing the order in which you approach a task provides adequate biosecurity. 1. Visitor policy. The easiest way to prevent disease spread by visitors is to limit visitors. Visitors can bring disease agents into your loft. a. Limit visitors to the loft. This is especially critical in times of high risk, for example, during breeding and during the active racing series in your area. b. Protective clothing. Visitors to the loft should be required to wear protective clothing, including overshoes or covers that will prevent the tracking of material on shoes. Hand sanitation must be included for visitors because people cannot resist touching your racing pigeons when they visit, c. Signs to stop inadvertent visitors must be posted. A sign should be placed on gates or doors to stop people from accidentally wandering into a loft, and although this is a simple step, a sign can be very effective. Sanitation addresses the disinfection of materials, people and equipment entering your property and your loft and the cleanliness of the personnel on your property and your loft. 1. Vehicle disinfection. Vehicles that have been near other birds can easily carry disease agents into the vicinity of or directly into the loft. Vehicles used to transport feed from feed supply houses are especially susceptible to contamination and your routine for hauling feed should be carefully reviewed towards the most effective biosecurity measures. a. Keep all vehicle traffic away from the loft through the use of gates and signs. The drivers of vehicles that have to enter the loft should be questioned to make sure they have not been near any birds within 48 hours. Vehicles that are covered in mud or other gross contamination should be washed before they enter the property or the vicinity of the loft. 2. Equipment disinfection. Equipment that is used and brought into a loft can carry disease agents if it has been around other birds. a. Keep equipment that has been around any other birds out of the loft. If equipment must come into the loft and has been around other species of birds, then fully clean and disinfect the equipment before it enters your loft. 10?3 02/03/200( nerican Racing Pigeon Union I Homing Pigeons I Sport Flyers Page 3 of 3 Biosecurity and racing It may seem that the sport of racing pigeons destroys all attempts to achieve biosecurity in a loft. Several of the things we have said you should avoid, all happen in a race. However, biosecurity can also be applied to racing to reduce the chances that disease agents are introduced at races. Biosecurity for Birds Returning from Races There are two possible ways to approach racing, both are legitimate and each has its own pro and cons. Which method is selected, is up to the individual loft owner after a careful consideration of the risks and benefits associated with each approach. The two possible approaches to biosecurity follow: 1. Consider the racing club or combine as a single biosecurity unit. In other words, birds within a club or combine are treated as if they belong to the same loft. So, when you introduce a new bird to your loft if it came from a loft in your flying club, then it is not considered as an outsider. When birds come in from a race, it can be introduced immediately back into the loft because it has just been out flying with its loft- mates. a. Pros: This method is easy to apply because it requires no additional quarantine for birds returning from a race. b. Cons: Any member of the club can introduce disease into the club and everyone practicing this method of biosecurity will get the disease. 2. Consider all lofts other than your own as sources of disease. All birds returning from a race are quarantined for 14 days before they are re-introduced to the loft. a. Pros: This method puts the owner into control of the fate of his loft. Overall, it is a safer method. b. Cons: There is a certain amount of extra labor and planning that is required to achieve this type of biosecurity. Biosecurity at Shipping and the Club No matter what biosecurity strategy you choose for your own loft, there are certain common sense things that must be part of biosecudty on a club basis. 1. The transporter should be clean and sanitary before birds are placed in it. 2. The transporter should not be allowed to come close to any individual loft. The transfer of birds must occur away from individual lofts so that the transporter does not spread disease between lofts. 3. No sick birds should ever be placed in the transporter or brought to the club. 4. Hands should be washed before birds are handled. Birds from one loft can be handled as a group without hand washing or hand sanitation between birds, but hand sanitation must occur before handling the birds from a different loft. Biosecurity on Transporters Transporters must be fully cleaned and disinfected between uses. 1. Removal of all organic material (feces, feathers, mud) from all surfaces including wheel wells, and undercarriage. Although not essential, high pressure, hot water, with detergent works very well for the cleaning process. 2. Disinfection of all surfaces. There are many disinfectants, which work well to inactivate disease agents but, none of them work well if cleaning is inadequate. 3. Inspection. It is critical that someone take a critical look at the job of cleaning and disinfection that has been done to assure that all organic material has been removed. 4. Completely dry the transporter before use. Drying itself is a good way to kill disease agents and allowing the transporter to dry will ensure its sanitation before it is used again. News ( Set Your Clock On-Line Store ( AU Guestbook Find A Club I National Database I Winspeed _ r-- webmaster opyright 2003 O American Racing Pigeon Union Inc m.m3/2006 AhL_ City of EMemo To: Jon Hohenstein, Director of Community Development Mike Ridley, City Planner From: Mary Granley, Code Enforcement Date: February 2, 2006 Subject: Letter and Petition in Opposition to the Pigeon License Application for 3880 Princeton Trail On January 31, 2006 the City received a letter, petition and other documents from Mr. Lawrence Reuter of 3886 Princeton Trail. Mr. Reuter is opposed to the City Council approving the Pigeon License Application scheduled to be heard at the February 7, 2006 City Council meeting. Copies of the submitted items were given to. Mira Pepper to include in the Council packet. A summary of the contents of Mr. Reuter's submittal is outlined below. Mr. Reuter submitted a two-page letter stating his objection to the application, and within the letter he indicates the following: 1) Mr. Dao did not provide the legal description of his property on the application. Typically, staff would assist someone with this information should they ask. Mr. Dao's legal description for his property at 3880 Princeton Trail is Lot 2, Block 5, Lexington Square. 2) Mr. Reuter would like to be notified of the City Council date when the license application will be considered. This is currently scheduled for the February 7, 2006 City Council meeting. This schedule will be postponed if Mr. Dao does not move the pigeons from the old, non-compliant coop into the new coop, and if he does not dismantle and remove the old coop from his property. Mr. Dao's property will be inspected on Monday, February 6, 2006 to determine if the old coop has been removed and if so, the license application can be heard by the council on February 7. Upon verified compliance of Mr. Dao's property, both Mr. Dao and Mr. Reuter will be contacted to let them know they can attend the February 7 City Council meeting. 3) Mr. Reuter asked for published guidelines for citizens, if available, outlining addressing the Council under these circumstances. The Eagan City Council-Procedure and Motion Practice on Business Items and the Eagan City Council Meeting Procedures and Public Participation Guidelines were emailed to Mrs. Reuter on February 3, 2006. Mira is faxing Mrs. Reuter a copy of the agenda memo, Council agenda and memo from Mike Dougherty on February 3, 2006. 4) Mr. Reuter asked for a copy of the background investigation regarding this application. Mira Pepper explained there is no background investigation regarding the application. If Mr. Reuter is asking for information pertaining to a code enforcement case, this information would be protected by the Minnesota Data Practices Act until such time as the case is closed. A visit to City Hall by Mrs. Reuter on February 3 revealed she was actually trying to obtain the agenda memo and Council agenda, and not a true background investigation (the term "background investigation" was given to her by a Burnsville city employee just a difference in terminology used by Eagan versus Burnsville). Mr. Reuter submitted a copy of a petition, signed by 30 people in the Lexington Square development. A map is attached indicating a circle where Mr. Dao's property is located, and with X's the reported address of those who signed the petition, to indicate proximity to the applicant. Mr. Reuter submitted several sets of 4 photos taken of the property on January 29, 2006. In reviewing these photos, it is important to compare the condition of Mr. Dao's . property when the photos were taken on January 29 while the new coop was under construction and the non-compliant coop was still on the property, and the photos that will be taken upon final inspection on Monday, February 6. Mr. Reuter submitted several pages of on-line information downloaded from three web sites. 1) IPM for Pigeons in Schools: Mr. Reuter supplied one page from an on-line article. The author of this document comments pigeons "make themselves a nuisance by their roosting and nesting 426 activity and their noisy behavior, but they also carry and transmit a variety of human and avian diseases." He further states "Pigeons are known to carry and transmit diseases to humans through their droppings, especially when the feces dry and particles become airborne. It is rare for health officials to specifically attribute disease outbreaks to flocks of pigeons." This comment supports the information obtained from Dakota County Environmental Health Specialist Bev Schomburg concerning the health impact of pigeons being cooped within residential areas. Ms. Schomburg stated the county "has no specific requirements regarding the keeping of pigeons. Pigeon feces can breed harmful bacteria, but the roosting area would have to be near an air intake leading to an occupied space. If the occupants have respiratory sensitivities, it could be a problem for them." Ms. Schomburg was aware of one instance where a wild pigeon nest required removal as it was located in this type of situation. 2) American Racing Pigeon Union; Biosecurity for Pigeon Lofts: A one-page document was submitted by Mr. Reuter. I obtained the complete article online, and include it as an attachment to this memo. The article defines "biosecurity" as "what you do to stop the spread of disease within and to your loft". It indicates, "In most cases, lofts can be very cheaply and quickly adapted to implement adequate biosecurity measure, even if construction of barricades or fences is necessary." This article recommends biosecurity based on three key principles; isolation, traffic control, and sanitation. Isolation: Every flock must be isolated from ALL other birds by complete fencing around the loft and 14-day quarantine for new pigeons. (Please see article for more details regarding this.) Traffic Control: Visitors must be limited to prevent bringing disease to the birds, as well as protective clothing to prevent tracking of material on shoes. They advise posting signs to stop people from accidentally wandering into a loft. (Please see the complete article for details regarding this.) Sanitation: Disinfection of materials, people and equipment entering the property and loft, and the cleanliness of the personnel on the property and the loft. This includes vehicles or transporters used near or for the pigeons or other birds, vehicle traffic, and equipment brought into a loft. The article provides 6 steps for effective biosecurity measures, including cleaning fountains twice a day, cleaning perches, spraying the loft for parasites, storing feed in rodent-proof steel bins, wearing a hat in the loft, and isolating new stock for 14 days. Extra care should be given to birds returning from races, as the sport "destroys all attempts to achieve biosecurity in a loft". Consideration must be given by the owner as to whether they will treat their birds as a separate biosecurity unit, or as part of the racing club biosecurity unit. 3) All About Bird Diseases and Humans, produced by the Florida Cooperative Extension Service: This eight-page article outlines what avian diseases can be transmitted to humans (called "zoonoses"). It indicates however, "that such diseases are uncommon enough that they should not discourage bird-keeping." The ability of microorganisms to make a human sick varies with the virility of the organism, the dose the person is exposed to and the route of the infection. This article outlined types of common and potentially serious infections, and those are noted below. The article concludes by informing bird-keepers that they should be aware they can contract certain illnesses from their birds, and although disease transmission is low, the very young, elderly and those with compromised immune systems should be cautious. DISEASE Who it affects? Method of Transmission? Required to be reported to FL health de t? Chlamydiosis Parrots & parakeets; turkeys; Inhalation of contaminated fecal Yes pigeons; humans dust Salmonellosis Most animals are susceptible Ingestion of food contaminated Yes by fecal matter Collibacillosis (caused by Poultry; humans Food or water-borne; No E. Coll infection. E Coli transmission via the fecal-oral is a bacteria which route normally inhabits the intestinal tract of all animals Arizona Infections Most frequently reptiles and Fecal-oral route; eggs No (Arizonosis) birds; all animals are probably susceptible Eastern Equine Commercially raised Mosquitoe-bome; song birds No Encephalitis pheasants, chickens, are the most common reservoir; bobwhite quail, ducks, mosquitoes feed on birds, turkeys and emus. horses and humans, further spreading the disease Avian Tuberculosis Birds; humans Ingestion of food or water Yes; to both contaminated by feces from health and 42 t~, shedder birds livestock officials Histoplasmosis Humans, dogs, cats, cattle, Fungi that grows in soils No; bird sheep, horses, and wild enriched with bird or bat associated, mammals (birds not droppings; also found in but disease is susceptible) construction sites and caves. obtained from Transmission occurs by soils not inhalation of spores produced birds. b growth of the mold Cryptococcosis Humans, horses, dogs, cats Fungi that grows in soils No; bird and many other mammals; enriched with bird manure. associated, rare in birds Transmission occurs by but disease is Inhalation of fungus. Can also through soil occur by ingestion. Humans and not birds. can pick up from exposure to old pigeon nests or droppings. C tos oridiosis Chickens, turkeys; humans Fecal-oral route Yes Allergic Alveolitis (a.k.a. Humans Overwhelming exposure in a No "pigeon breeder's lung") sensitized individual, such as that which might occur in cleaning out a pigeon loft. Patients diagnosed with the chronic form of the disease may have no choice except to eliminate all exposure to birds. l )GISMap Output Page Page 1 of 2 City of EAGAN 381; i 382A 1 h _ :tL.i 0 38:4 I Legend X Hi3hlighled Feature it 3 3832 i 333' I tUT3 lUfi9 TGGS 1UF1 tU5? Munia a?Soundaly Condo Points I s3at - ~ Stre?15 { 3636 ( 3844 1I M4 Street Names y House Numbers ' 3640 3847 X 3E`U I ~i ■ Lakes iS53 j iD72 100s 100a iotin 1056 Parks Pa-Is X ED 385'1 y 3656 3461 3848 8 387D 4059 1055 4054 1047 " 3859 3862 3869 3852 A 3857 a x x 3y1;1 3271 Wit M73 3870 1051 1051 1050 i 38Ga f ! yY 4977 :+2aD',. 3879 3952 3868 t ~,/,.j 1865 - - 3s4yN 3917 3909 3872 38 3885 3888 3889 I 3b4Z 3197 -Q~~ky,.i~~ 111" 38J5 21 3 8 3F,P7 39 3884 y j •1920 19111 3911 1904 s9+.1 M 3912 k 3936 _ 35D7 3570 ~ ;978 39<'i 3892 m 39 I U. 3915 "925 1NBS'fBURY'9' 3924 sX U 3939 39:9 3928 392' I ~sfC3H, 3934 ua acane,.,cx,w; cwh 1002 y+~ciie:~c+sam .C. a,m, R3. PID:104507502005 3880 PRINCETON TRL EAGAN, MN 551230000 x 13o TO: THE EAGAN CITY COUNCIL RE: APPLICATION FOR PIGEON LICENSE AT 3880 PRINCTON TRAIL I, the undersigned, am opposed to the Application for a pigeon coop and license at 3880 Princeton Trail, and request that the City Council deny this Application. Date Narn r Address _ Telephone - -yam 06 -46 :~f-. y~e.'r.ce- jrti`~•3 ~(;('/,v.,•~•7Q.. e.(,<: 41 ~-NSZ7/ r\C /-:.?~-Ci. ~ iiti► ~~3 ~'/^i~~_rn~-~ ~:ct~ (psi-Gay-(~u3~ J d - v L, uc c , Lk +v Pr C ce.~ S r s ' 0 b IC( 57 071 r r ' _ _ . f 3 t) G (_~01 U C/- - r, 7 J 1 C - /fr-L r -.If IJAAI / ' ' G' i i - i ' '/~r~' ` % ' . Z. ' - - • -mot,! G~/?~'~ - i r~.'~)-y~cG~/.,(~ ir~~'•~~,-- ?a~)C Ci i ~~r ; til rct..- (r<!Sc : ~Iq 77Tr. ` -,z [ f;- . sir A,?t>e f-1 14A( l2- 7C'71 Ca. k;Nr^ `f •Lt3S t-vv . \ ~~l .r r~~-~ l( i ~7 k r ~r• 5 i Y Sr. 1l. c \ . L\UC ..c ~C~c1~i ~ ~ ~ ~U _e,t~~'6"c t= ~ ~~SttZS ~c ~u'c ~ ~ •~SI ~6 -mar/ Y% le SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Jon Hohenstein, Community Development Director FROM: Michael G. Dougherty, City Attorney DATE: February 1, 2006 RE: Harboring Carrier Pigeons - Eagan City Code Section 10. 12, Subd. 7, et. seq. Eagan City Code Section 10.12, Subd. 7, contains all of the requirements for the issuance of a carrier pigeon permit. The Eagan City Code requires specifics for the application. Subdivision D of Section 7 provides the basis for granting or denying the issuance of the permit. If the applicant meets the requirements of Subd. 7(D), the permit shall be issued. Section 10.12, Subd. 7(E) provides conditions of the permit. It also provides that necessary and reasonable additional conditions for the protection of health, safety and general welfare of the City may be added. Licensing or permitting is a means of regulation. The power to regulate includes authority to establish standards and requirements. If those standards and requirements are met and if the standards and requirements are reasonable, permitting (as is the case here) is a ministerial function. MGD/j It 13-1 Abbb- City of Eapn Moro To: Mayor Geagan and Members of the City Council Jon Hohenstein, Community Development Director Mike Ridley, City Planner From: Mary Granley, Code Enforcement Date: February 16, 2006 Subject: Outline of Neighborhood Objections to Approval of the Pigeon Permit for 3880 Princeton Trail At the February 7, 2006 City Council meeting, the action to consider an application to obtain a carrier, homing or racing pigeon permit was postponed pending removal of a noncompliant coop and verification of pigeon registration. Councilmember Carlson requested staff provide an outline to the City Council of what the neighborhood objections are to approval of this permit application. In response, three letters, photos and web information were submitted by neighbors in the Lexington Square development. The information submitted by neighbors is enclosed in the February 17, 2006 packet for your examination. Upon review of the submittal items, the following information outlines the objections to pigeons being permitted within a residential area: 1. Pigeons perch or linger on the buildings or property of others A. 3874 Princeton Trail.- Heffele residence 1. Pigeons have eaten seed out of the Heffele's songbird feeder, have driven away the songbirds, and the Heffele's have discontinued use of their birdfeeders 2. Pigeons have perched on top of Heffele's roof (highest roof in neighborhood) and can be heard clearly from upstairs bedroom and bathroom and other parts of the home 3. Pigeons have left droppings in back yard and on deck; roof condition has not been inspected B. 3880 Princeton Trail - Reuter residence 1. Mr. Reuter has often witnessed at least 15-20 pigeons on the roof of 3874 Princeton Trail 2. Ms. Reuter has observed at least 10-20 pigeons flying from coop to adjacent properties beginning in the summer of 2005 and as recently as February 10, 2006 J .~3 R 3. Ms. Reuter has observed pigeons eating from the Reuter's birdfeeders and perching upon their garage roof, she's noted smaller birds have taken flight in the presence of the pigeons C. 3861 Princeton Trail -Neumann residence 1. Ms. Neumann has observed, and submitted a photo of, some of Mr. Dao's pigeons perching on the 3874 Princeton Trail property II. The number of carrier pigeons kept and harbored on the premises A. The Reuter's and Ms. Neumann have observed pigeons, in excess of the 6 for which a permit is being sought, on the Heffele property B. City staff has also observed and photographed between 18-21 pigeons on the Heffele roof III. Loft condition and maintenance A. Mr. Reuter has never observed cleaning of coop(s) or removal of pigeon waste B. Mr. Reuter has observed "bird dung splattered and left on windows and walls" of the first coop C. Mr. Reuter questions whom will inspect the coop on a regular basis to ensure sanitation requirements are met, and whom will inspect the pigeons on a regular basis "for control of mites, fleas, ticks and other insects commonly carried by pigeons" IV. Other concerns noted by neighbors A. Health, disease or nuisance-related issues 1. Ms. Reuter presents an issue with failed gardens that became an issue after arrival of the pigeons; she indicates this may be attributable to the pigeons 2. Ms. Reuter recounts skin irritation after working in her gardens; she indicates this may be attributable to mites that pigeons carry that migrate from the nest and bite people 3. Ms. Reuter describes being awoken on many occasions, sometimes as early as 4:00 a.m., to shut her windows due to the "noise and clatter of the pigeons and the other birds that they tend to attract"; she describes these sounds as "not only loud but obnoxious" 4. Ms. Reuter supplements the skin irritation recounted in 2 above with an additional submittal and testimony a. in conversation with a toxicologist, Ms. Reuter received additional information relating to pigeons and mites / -?T b. Ms. Reuter therefore made a connection between the failed gardens and insect bites c. Ms. Reuter recalls trying to sit in her backyard and being stung by insects too small or too fast to be seen d. Ms. Reuter emphasizes her responsibility to report this experience as a licensed attorney in Minnesota with an obligation to tell the truth and not mislead a legal tribunal in this state or elsewhere, and that she attributes the infestation as a result of mites due to the pigeons being kept on the neighboring property, and those that flue over and around her property 5. The Reuter's submitted additional documentation published by Alameda County and Pubmed.gov concerning dermatitis that can be caused by pigeon mites B. Non-compliance issues 1. Pigeons were brought to the property without obtaining the necessary permit; applicant continues to be in violation by keeping pigeons without the necessary permit; permit application appears to be for fewer pigeons than have been noted on the site or surrounding properties 2. First coop (noncompliant) stood on the property for at least 8 months prior to being replaced with a compliant coop 3. Applicant delayed removal of the first coop from the property by the February 6, 2006 deadline, which resulted in a postponement of the permit application at the February 7, 2006 City Council meeting 4. Pigeons have not been verified as registered by the City of Eagan 5. Mr. Reuter questions whether the pigeons are fed "within the confines of the loft" as code requires C. Request for review of the ordinance 1. Ms. Neumann requests review of the ordinance, and consideration to amend 2. Ms. Neumann submitted copies of the St. Paul and Minneapolis ordinances pertaining to pigeons 3. Ms. Neumann requests that written consent of immediate neighbors be required to obtain a permit to house pigeons in Eagan, similar to the requirements outlined by St. Paul and Minneapolis Agenda Information Memo February 21, 2006 Eagan City Council B. PRELIMINARY SUBDIVISION AND PLANNED DEVELOPMENT AMENDMENT (YANKEE SQUARE) MFC PROPERTIES ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision (Yankee Square) of 4.99 acres to create 3 lots located at 3460 and 3470 Washington Drive, in the NE '/4 of Section 16; subject to conditions in the January 24, 2006 APC minutes. To approved (OR direct findings of fact for denial) a Planned Development Amendment to allow an additional office building for Lot 1, Block 1, Yankee Square in the NE 1/4 of Section 16; Subject to the conditions in the January 24, 2006 APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The site consists of two parcels, each containing a two-story 24,320 square foot office building; access to the site is available from Washington Drive and Federal Drive. ➢ The Limited Business standards were applied for review and the subdivision meets these requirements. ➢ The proposed new office building will be located on Lot 1, shared parking is proposed. ➢ The Site Plan indicates 233 parking stalls will be provided for this development after the new building is built, 314 are required based on the office use; 81 parking stalls are shown as proof of parking. ➢ The applicant's narrative indicates the current parking lot is underutilized, with only 31 % of parking spaces occupied, on average. ➢ The overall site has a combined green space of 37.8% if the proof of parking were implemented the green space would be 28% typically 30% green space is required. ➢ The applicant indicated at the APC meeting that they would agree to meet the 30% green space if they had to implement the proof of parking. ➢ A public hearing was held on January 24, 2006 at the Advisory Planning Commission, the Commission recommended approval. ISSUES: ➢ Attached is a letter submitted by the applicant addressing two concerns he has with the conditions of approval. ➢ The applicant does not agree that Water Quality should be charged to all three lots and would only like the fee to apply to the new Lot as no new impervious surface is being introduced. It is our policy that Water Quality fees apply to any new development that hasn't previously paid, which would include any existing lots. ➢ The applicant does not agree that the requested right-of-way should be dedicated, rather that they should be compensated for the land. The Subdivision standard conditions of approval state "This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency." This condition of approval applies to all Subdivisions. ➢ The applicant has suggested a compromise with paying a Water Quality fee for one lot in return for dedicating the recommended right-of-way. 120 DAY AGENCY ACTION DEADLINE: April 20, 2006 (60 days have been extended for the PD Amendment) ATTACHMENTS: (3) Draft APC Minutes, pages/3'9 through. Staff report, pages I ~Q through Letter from applicant on page6 C. Yankee Square Addition Applicant Name: MFC Properties Corp Location: 3460 & 3470 Washington Drive; Lott, Block 1, Bicentennial Seventh Addition and Lot 1, Block 2, Bicentennial Sixth Addition Application: Planned Development Amendment A Planned Development Amendment to build a 10,000 sq. ft. office building. File Number: 16-PA-15-12-05 Application: Preliminary Subdivision A Preliminary Subdivision of 4.99 acres to create 3 lots. File Number: 16-PS-07-12-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated January 18, 2006. She noted the background and history. She clarified page four of the Staff Report regarding parking that it should read as: 69% un-occupied or 31 % occupied. She stated the overall building coverage proposed would be 16%. Bruce Miller, MFC Properties stated the greenspace calculations were just made available and the overall greenspace would be 37.8%. He explained that if the proof of parking were built, the overall greenspace would be 28.9%. He explained that the difference of 1.1 % could easily be recovered by modifying existing parking lot medians. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated parking was over estimated when the building was constructed and the proposal makes sense because it will add value to ,a largely underutilized shared parking lot. Mr: Miller explained that in the future, if additional parking is needed, all or a portion of the proof of parking could be added to the sloped area east of the east building, with the use of a retaining wall. Member Hansen moved, Member Dugan seconded a motion to recommend approval of a Preliminary Subdivision to create 3 lots on 4.99 acres for property located at 3460 and 3470 Washington Drive, in the NE '/4 of Section 16 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1,2,3,4, C1,2,3, E1, and D1 2. The property shall be platted. 3. This development shall dedicate 10 feet of additional right-of-way along the entire length of the plat adjacent to Federal Drive. 4. A cash dedication in lieu of on-site water quality ponding is required for this development. 5. The applicant shall provide a private ingress/egress easement agreement in a form acceptable to the City Attorney. /2U All voted in favor. Motion carried 7-0. Member Hansen moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to allow a third office building on this site located at 3460 and 3470 Washington Drive, in the NE 1/4 of Section 16 subject to the following conditions as amended: 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 3. All signage is subject to the City Sign Ordinance. 4. The developer shall provide green space calculations with and without proof of parking being constructed. 5. if the proof of parking area is constructed, 30% green space must be maintained. All voted in favor. Motion carried 7-0. 13 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 18, 2006 CASE: 16-PS-07-12-05 APPLICANT: MFC properties HEARING DATE: January 24, 2006 PROPERTY OWNER: Same APPLICATION DATE: Dec 21, 2005 REQUEST: Preliminary Subdivision Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 3460 & 3470 Washington Dr COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST MFC Properties is requesting approval of a Preliminary Subdivision of 4.99 acres to create three lots (Yankee Square), and a Planned Development Amendment to construct a third office building on this site located at 3460 and 3470 Washington Drive, in the NE 1/4 of Section 16. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use `TD Planning Report - Yankee Square January 24, 2006 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. Planning Report - Yankee Square January 24, 2006 Page 3 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The property was platted and developed in 1981. EXISTING CONDITIONS The site consists of two parcels, each containing a two-story 24,320 square foot office building. Access to the site is available from Washington Drive and Federal Drive. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Offices Planned Development Special Area South Rasmussen College Limited Business Special Area East Interstate 35E Right-of-way Right-of-way West Townhouses R-3, Residential Medium Density Multiple Residential EVALUATION OF REQUEST Proposal - The proposed subdivision creates three lots to allow for the construction of a third office building. The applicant states that the "current parking is underutilized and the additional square footage will accommodate the growth of existing tenants." Also, "the new building will be similar in design to compliment the existing development." The concept plan shows a new 10,000 sq. ft. building on the south central portion of the site, and the parking lot is shared by all three buildings. A proof of parking area is shown on the east end of the site adjacent to I-35E. The third building will be one-story while the other two buildings are two-story. Compatibility with Surrounding - The proposed office use is consistent with the site and area; however, the proposed new single story office will be flanked by the existing two-story office building. Lots - Lot 1 is proposed to be 48,188 square feet (1.11 acres) Lot 2 is 75,396 square feet (1.73 acres) and Lot 3 is 93,664 (2.15 acres). /~a Planning Report - Yankee Square January 24, 2006 Page 4 Bulk Standards - As a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the LB, Limited Business district minimum and maximum standards. Setbacks - The LB setbacks apply, 30 feet from public right-of-way, 10 feet from the side lot line and 20 feet to the rear lot line, all buildings as proposed meet these requirements. Building Coverage - The LB zoning district allows for a maximum of 20 percent building coverage. As proposed Lot 1 will have 20% building coverage, Lot 2 will have 16% building coverage and Lot 3 will have 12% lot coverage, overall the site has a 16% building coverage. Building Height - Building height is limited to 30 feet in height in the LB district. The existing two-story office buildings have a height of about 26 feet. The proposed office building will be 18 feet in height meeting this requirement. Green Space - Green space minimum is 30% of the site in the LB district. The Site Plan does not break down the green space per lot or an overall calculation. With the flexibility of the Planned Development an overall green space calculation could be used, but a minimum for each lot should be established as for a reference for future expansions. The applicant should provide green space calculations; with and without proof of parking being constructed. Parking - The current parking for the subject site is 291 parking stalls. The Site Plan indicates 233 parking stalls will be provided for this development after the new building is built, 314 are required based on the office use; 81 parking stalls are shown as proof of parking. Because this is a Planned Development the parking can be shared and calculated for the site as a whole, rather than each lot. The applicant's narrative indicates the existing parking lot is only 69% occupied on average, with both buildings being 100% occupied. The applicant believes the parking proposed is more than adequate based on their parking needs. A parking study prepared by the applicant is attached. Landscaping - The subject site has mature landscaping and requires minor additions. The Landscape Plan indicates some foundation plantings around the new building. Financial Obligation-- At this time, there are no pending assessments on the parcel proposed for platting. Grading/ Topography - The preliminary grading plan is acceptable. The area for Lot 1 was graded as parking lot for Lots 2 and 3, and the proposed building construction on Lot 1 will require minor grading. Grades and slopes on the site will remain generally as current, with the site sloping toward the north (Washington Drive) and west (Federal Drive). IY3 Planning Report - Yankee Square January 24, 2006 Page 5 Utilities - The preliminary utility plan is acceptable. Existing sanitary sewer and water main of sufficient size, depth, and capacity are available from Federal Drive for connection by this development. Streets/ Access/ Circulation -Vehicle circulation between the proposed three lots (two existing and one new) is provided with the preliminary site plan. The developer shall provide evidence of private ingress/ egress easements between the three lots for review and approval by the City Attorney. Pedestrian circulation in the area is provided by sidewalks on Federal Drive and Washington Drive. No new access to public streets is proposed beyond the three existing driveways, two onto Washington Drive and one onto Federal Drive. Storm Drainage - The preliminary storm drainage plan is acceptable. The proposed subdivision does not increase the impervious surface and will utilize the existing storm drainage system on the site, with slight modifications. Right-of-Way - The development is adjacent to Federal Drive, which is a segment of the City's Ring Road concept plan for improving traffic circulation in the area surrounding Yankee Doodle and Pilot Knob Roads. As part of the Ring Road Plan, Federal Drive is planned to be widened to a 4-lane roadway in the future. The existing right-of-way adjacent to this development is not of sufficient width to accommodate the planned widening. This development should dedicate 10 feet of additional right-of-way along the entire length of the plat adjacent to Federal Drive. Wetlands/Water Quality - Stormwater runoff would remain the same with the proposed development. The development of the two existing office buildings occurred before 1990, when water quality requirements were established. In order to be consistent with City polices this development should meet water quality requirements. Requiring on-site treatment of stormwater for water quality purposes is not reasonable. Thus, the development is responsible for a cash dedication that is equal to the cost of the area and volume of such an on-site treatment pond, according to City standards and the current Fee Schedule. There are no wetlands associated with this site. Tree Preservation - There are no tree preservation issues for this development. Building Architecture/Materials - The additional office building has similar materials proposed as the existing buildings. The single scored CMU is to match the existing building as detailed in the Elevation Plan and there is aluminum and EIFS over the windows. Si a e - The submitted plans do not indicate additional freestanding signage. Any building signage should be consistent with the existing buildings and meet City Sign Ordinance requirements. Planning Report - Yankee Square January 24, 2006 Page 6 Li tin - The lighting plan appears adequate some modifications to the existing lighting. Lighting should not be directed upon public rights-of-way or adjacent properties and the source of light should not be visible from off the property. Parks and Recreation - The Advisory Parks and Recreation Commission recommended approval of the proposed subdivision at their regular meeting on January 12, 2006. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create three lots and a Planned Development Amendment to allow the addition of a third office building. The site currently contains two, 24,320 SF two-story office buildings. The applicant is a proposing a 10,000 SF single-story office building. The applicant states that the "current parking is underutilized and the additional square footage will accommodate the growth of existing tenants." Also, "the new building will be similar in design to compliment the existing development." Limited Business standards were used for review. The building coverage is not consistent with LB standards and the green space should be addressed by the applicant. Grading, utilities and storm drainage are acceptable as proposed. The development is adjacent to Federal Drive, which is a segment of the City's Ring Road concept plan for improving traffic circulation in the area surrounding Yankee Doodle and Pilot Knob Roads. As part of the Ring Road Plan, Federal Drive is planned to be widened to a 4-lane roadway in the future. The existing right-of-way adjacent to this development is not of sufficient width to accommodate the planned widening. This development should dedicate 10 feet of additional right-of-way along the entire length of the plat adjacent to Federal Drive. ACTION TO BE CONSIDERED To recommend approval of Preliminary Subdivision to create 3 lots on 4.99 acres for property located at 3460 and 3470 Washington Drive, in the NE 1/4 of Section 16; subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1,2,3,4, C1,2,3, E1, and D1 2. The property shall be platted. 3. This development shall dedicate 10 feet of additional right-of-way along the entire length of the plat adjacent to Federal Drive. 4. A cash dedication in lieu of on-site water quality ponding is required for this development. 5. The applicant shall provide a private ingress/egress easement agreement in a form acceptable to the City Attorney. To recommend approval of a Planned Development Amendment to allow a third office building on this site located at 3460 and 3470 Washington Drive, in the NE 1/4 of Section 16; subject to the following conditions: Planning Report - Yankee Square January 24, 2006 Page 7 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 3. All signage is subject to the City Sign Ordinance. 4. The developer shall provide green space calculations with and without proof of parking being constructed. New Office Building - Narrative December 19, 2005 MFC Properties Corporation through two of its affiliated companies, namely MFC Properties 10, L.P. and MFC Properties 20, L.P. are the owners of the Yankee Square Office II and III buildings in Eagan at 3460 and 3470 Washington Drive. The two identical buildings are (2) story office buildings consisting of approximately 23,350 rentable square feet each and are located on 4.99 acres of total land. The properties are currently zoned Planned Unit Development and are guided in the Comprehensive Guide Plan as PD. At present the parking and land area is currently being underutilized. The Yankee Square Office II and III buildings are effectively 100% occupied and have been for several years and yet the parking lots look empty. We have been tracking the number of vehicles in the lot and on average the parking lot is 69% vacant (see attached parking study). We presently have existing tenants in the building who need, or are going to need in the near future, additional space. Based on the fact the current parking is underutilized and the additional square footage will accommodate the growth of existing tenants we are proposing to add a new 10,000 square foot, single story, office building. The new building will be similar in design to compliment the existing development. Our proposed site plan would only displace 58 existing parking stalls under the new footprint reducing the available parking from 291 stalls to 233 stalls. Again however, as you can see, our average number of cars in the lot is only 91 cars with peak at 111 cars. Adding 10,000 square feet of new office space and assuming 4.5 cars per 1,000 square feet (which is much higher than what we are actually experiencing) would require 45 stalls. Adding the 45 stalls to the peak stalls of 111 results in a total of 156 required stalls. We are providing 233 which will result in 77 surplus stalls or 33% excess capacity. In conclusion, based on our studies, there is ample parking to add the proposed building and still have adequate parking for all (3) buildings in the development. If, in the future, the parking demand changes, we have allowed for an area designated as proof of parking where additional parking could be installed, we are very confident however, that the proof of parking would never be needed. Parking Study for Yankee Square Office II and III # Vehicles Total # of Stalls % % Date Time in Lot Parking Stalls Empty Occupied Vacant November 11/2/2005 3:20 PM 89 291 202 30.58% 69.42% 11/3/2005 10:05 AM 102 291 189 35.05% 64.95% 11/4/2005 4:00 PM 81 291 210 27.84% 72.16% 11/7/2005 8:30 AM 85 291 206 29.21% 70.79% 11/8/2005 11:15 AM 97 291 194 33.33% 66.67% 11/9/2005 1:30 PM 101 291 190 34.71% 65.29% 11/11/2005 8:15 AM 70 291 221 24.05% 75.95% 11/15/2005 9:00 AM 83 291 208 28.52% 71.48% 11/17/2005 2:30 PM 93 291 198 31.96% 68.04% 11/18/2005 9:30 AM 89 291 202 30.58% 69.42% 11/21/2005 4:30 PM 94 291 197 32.30% 67.70% 11/22/2005 4:55 PM 83 291 208 28.52% 71.48% 11/23/2005 2:00 PM 89 291 202 30.58% 69.42% 11/28/2005 10:30 AM 99 291 192 34.02% 65.98% 11/30/2005 11:30 AM 109 291 182 37.46% 62.54% December 12/02/05 11:00 AM 89 291 202 - 30.58% 69.42% 12/05/05 12:30 PM 95 291 196 32.65% 67.35% 12/06105 9:30 AM 88 291 203 30.24% 69.76% 12/09105 1:15 PM 68 291 223 23.37% 76.63% 12/12/05 8:50 AM 74 291 217 25.43% 74.57% 12/13/05 10:20 AM 111 291 180 38.14% 61.86% 12/16105 12:45 PM 93 291 198 31.96% 68.04% 12/19105 4:00 PM 105 291 186 36.08% 63.92% AVERAGE 91 200 31.18% 68.82% STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 9 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for provided a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval /SD Eagan Boundary Location Ma Parcel yea p o Park Area ® Building Footprint e r v o CEi E5 E5 S ii 11l ® o 0 s s s eo 00 o .Q `0®® ®0® ® O LIFFRD Ct1 o oe 4a IE, ie 11 ISM AF a ~ Subject Site q~ ® a a a~ C O d e ® a I ® "9O t3 Is, D Fal S~' ~ p~ 4~~ p q~ P ~ 4~ODd - B O ~ 8 O ~ 4 m e e® a z a® d~ a a~a e a ® s two d rN 0 yp Ig 8. ® tai d a °4 6- 19~ B s ® ® © 4 © h A -u d c Q 3 q - 8 ®A 9 •ta 1000 0 1000 2000 Feet Development/Developer. Yankee Square Application: PD Amendment 000 Case No.: 16-PA-15-12-05 Map Prepared using ERSI AreView 3.1. Parcel base map data provided N gq n by Dakota County Office of GIS and is current as of April 20D5. City of El1~I n THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Yankee Square PD Amendment & Prelim Subd Land Use Map Case No. 16-PA-15-12-05 A \ J t__. Zoning Map ~g P PF R-4 "61B R-4 PD G Location m~ PD Tl m 0 R-3 r [Current Zoning: Enl 3 EEII_ Planned Development a EDP P L D LB E-1 ~ PD D 111111 - PD PE aDD D &DO 1200 F..t Comprehensive Guide Plan Land Use Map D QP Location S SA C) it ® m $ N ° G Current Land Use Designation: m~ ~oE331~ SA o©o Special Area P a SA a Ho D /SAJ coo o coo 1200 r..t . F..] Parcel base map Information pr I by ota ounty nd Survey Department June 2001. N ZoMng In atlon matntal y city Stall. City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S M3 V:s-P: (,V ~Nl/(/lJYfYV "^Y 9VUl.VWV -r.~ r~rwl-1___p-r __Ir~rnvl~wvrn .u z FEDERAL STREET f nk~ 1 r 1 ~ I 1 r e I ~ 1 _A 1 ~e ( ~ I • 6 ITT 1 1 1 I I 1 I • x l l I 1 x l l f I 1 ~ I I I 1 1 ° 1 ~ 1 Y i~ 1 1 1 1 1 ~ ,1 ~ 1 1 f~lll ~ I I I I I~ ° ~ 1 1 1 1 e ' I 'i II ~ ~ 1 ~ r 1 Ix 1 I~_ ~_LT Tr rn-TTrn-rTrrl IM ;x 1 _ j IIIIIIIII11IIIIIII Jill ~ 1 11111111111111111Ilillll ° e rTy 11 t i _I III IIII _ ill i e I 'ti sarrrbry (111 G~~ INTERSTATE $5E = g 4 f SGK ~ ass D Z ~ eag ter 3t ¢ if 11~ II~III~IIIII~ ~ a y /53 2 --o a ~ x -o o• a-: ELEVATIONS II 1 IYiba FHMO MICVBIGIfMyP15lW6®w a.. s 4~ ~ [h`PJ ss a,~ H ' ~L I 1 I I I I I I I 1 1 I I 1 I 1 I I ___.t ' 1 m' `l _ _ V i p~ ~gggy~ggg ~ p~~€ F gg QR@ ~ ~ I]{ Y ~ : ~jj ~ ~ ~ ~ ~ ~ o N~~ I/~ _ St{m09051S11a6Mtli05161~RAp, I}IIYEN 063S9NI Y FEDERAL STREET _ C I ® I m 1 I I I r 1 ~I m I ~ I r N I ~ r ~ S I Z I ml I i Z 1 ~ m I I ~ I I , mI I I I I I I I_ I ~ I I I I I l y ° I I I ~I I ®I r i m I I M R V I I I ~ ~ L I I VIII VIII ° \ ~ I I I I 1 I RRR§ ~4°~ \ r -sit? 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PLAT PHONE [6511 452-3303 Fax: (651) 452-3362 n n V 1 C www.mfcproperties.com PROPERTIES CORPORATION February 10, 2006 N _ II Ms. Sheila Cartney City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Preliminary Subdivision Yankee Square Addition Dear Sheila: Thank you for all your efforts to date in helping process the application for the Yankee Square replat. MFC Properties Corporation is excited about this proposed new investment in Eagan and we believe it is a great opportunity for both of us and the City to get more economic benefit out of a underutilized parcel of property. Upon further review of your Planning Report dated January 18, 2006, there are two concerns we would like to address. They are items 3 and 4 under the preliminary subdivision conditions. In regards to condition 4 which states "A cash dedication in lieu of on-site water quality ponding is required for this development", it does not mention how much the cash dedication is. I have called Eric Macbeth your Water Resources Coordinator and he said he calculated the fee at $33,652.00. He calculated this by "combining all (three) lots into one proportional calculation". My concern is simply this. The replatting of this 2 lot, 2 building subdivision into 3 lots with 3 buildings will result in no additional runoff to the City. I am essentially taking a pervious parking lot making it pervious building. With this said, however, I do believe it is fair to pay a "water quality fee" on the new lot (Lot 1) that supports the new building, but don't believe it is reasonable that I also be required to go back and pay the water quality fee on the property under our existing Yankee Square Office II and III buildings. My second concern pertains to the additional 10' of Right of Way the City is requiring we "dedicate" in order to allow the replat. Although I understand the City has a future ring road planned, the ring road is not required due to our replatting or this additional development (i.e. this development is not the cause for the ring road). I do not believe it is fair or reasonable that MFC Properties should have to just give away the property without compensation. The estimated value of the 10' along Federal Drive is about $33,000.00 (10'x389'x$8.50psf) and for all other properties along the ring road the City will have to acquire or condemn additional Right of Way and pay a just compensation. All total between the Right of Way dedication and the water quality fee the City is asking us to contribute approximately $66,000.00. This is a significant amount of money on a 10,000 square foot building. 5 PROPERTY OWNERSHIP DEVELOPMENT PROPERTY MANAGEMENT BROKERAGE v... ~c Crii ,noc rnG=IrF 11 • :470 WASHINGTON DRIVE 0 SUITE 1 02 • EAGAN, MN 55122 Letter - Sheila Cartney Page 2 Considering the above and in the spirit of cooperation, I would like to offer a compromise. I have talked with Eric regarding the water quality fee and if he charged the water quality fee on jut the "new" Lot 1, the fee would be $13,514.00. Therefore, as a compromise, if the City were willing to charge just this fee, we would be willing to pay $13.514.00 and dedicate the 10' of Right of Way. The way I see it the City still comes out way ahead. You will get a $13,514.00 water quality fee, approximately $33,000.00 worth of Right of Way that you won't have to pay for in the future for the ring road, and the additional tax base of a 10,000 square foot building. As present, you get a mostly a vacant parking lot. Please let me know your thoughts and if you could support this proposal. I look forward to hearing from you and discussing these items in greater detail. Sincerely, MFC PROPER ES COft TI Bruce A. Miller, CIM Vice President cc: _ Mayor Pat Geagan WORD FOLDERS\BRUCE MILLER\New Office Building - YSO\scartney(w.q.fee-10'easement).doc /651 ~l~ I I I I I I I I l 1 l I i_ ~ t TT ~ r 66~~ =ilj E p ~ r ass ' z a6s ~ ~ ••~p ~ ~ ~ as,~ 31V15213JD11 8 I 2 1 uj l; r l l l l l l l l l l l l l l l l l l l ~ s,,, r• L I I 1 1 1 1 1 'I 1 1 1 1 1 1 1 1 1 1 I ~ r 71 ~CA a I t3 ML I IIIII ~11111 I. 0 I I I 1 1 ti . ~xayy~ I I 4 , ~ i I I a I~,y J 00 F I 1 1 c v q III .3 I ~ O A 137T11~9 ~Q3~ `bU n. Agenda Memo February 21, 2006 Regular City Council Meeting VIII. ORGANIZATIONAL BUSINESS A. Appointment of Representative the ECVB ACTION TO BE CONSIDERED: • To select two appointments to the Eagan Convention and Visitors Bureau Board, one a voting member responsible for attending regular board meetings, and the second voting member designated as an official City liaison to the ECVB Executive Committee with specific duties as outlined in the agreement for services between the City and the ECVB. FACTS: • On December 20, 2005, the Eagan City Council approved a new agreement with the ECVB. • On January 27, 2006, the Eagan CVB Board approved revised bylaws. • In an attempt to establish a more working board, and to streamline the work of the board, the ECVB approved downsizing board membership from 21 persons to 13. • Chamber of Commerce representation went from 2 people down to 1, hoteliers and hospitality industry representation (hotels, restaurants, attractions) went from 10 to 7, there are 3 at-large members, and City representation when from 3 voting representatives plus 1 non-voting city staff liaison to 2 voting representatives, one of whom must be designated the official city liaison and carry out duties on the Executive Board. • Prior to this change, the City had no voting membership on the Executive Board, where sometimes crucial decisions are made. • The City Council can choose any two representatives it wishes to be its ECVB Board representative; they can be City Council members, but can also be anyone the Council wishes to represent its interests. • The person designated as official liaison (Communications Director Garrison since 2002) has oversight of ongoing operations, and the responsibility for being aware of future agendas and making sure appropriate City staff (City Administrator, Community Development Director, Parks & Rec. Director, etc.) are aware of upcoming issues or topics concerning their areas. • In addition, the legal agreement and bylaws spells out these specific obligations of the liaison: ❖ Working with the Bureau to prepare its work plan and budget ❖ Reviewing the budget prior to presentation to the City Council ❖ Reviewing the scope and content of Bureau advertising, promotions, brochures and media prior to printing, publication and distribution 1A ❖ Serving on the Executive Committee of the Board to oversee the performance evaluation, compensation, and, if necessary, discipline of the Executive Director ❖ Assisting in the conducting, if necessary, of internal investigations or oversight responsibilities ❖ Meeting upon the call of any Executive Committee member • The Eagan CVB Board generally meets six times a year, typically with a daytime meeting at 3 p.m. on the third Thursday of the month. • The 2005 membership to the board was City Councilmember Peggy Carlson, City Administrator Tom Hedges, Financial Officer Tom Pepper, and City Liaison & Communications Director Tom Garrison. /00/ C2 Agenda Memo February 21, 2006 Regular City Council Meeting VIII. ORGANIZATIONAL BUSINESS B. Appointment of Representatives to the Board of Trustees for the Fire Relief Association ACTION TO BE CONSIDERED: • To select three representatives to the Board of Trustees for the Fire Relief Association. FACTS: • There has been a change in the law regarding the Board of Trustees for Fire Relief Associations. The law now provides for a nine member board with three of the members being officials from the municipality and removes any reference to ex officio. • The three municipal officials trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. • Previously, the three ex officio trustees were the Mayor, the Clerk, Clerk Treasurer or Finance Director and the Fire Chief. • Administrative Services Director VanOverbeke has attended the meetings in the past. A~3 Agenda Information Memo February 21, 2006 Eagan City Council Meeting IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. AUTHORIZE SUBMISSION OF COMMENTS REGARDING MUNICIPAL ASSOCIATION LEGISLATIVE POLICIES REGARDING REDEVELOPMENT DISTRICTS ACTION TO BE CONSIDERED: To authorize submission of comments requesting that any changes in the state eminent domain law preserve the authority of cities to complete redevelopment and renewal projects under existing eminent domain standards if such districts are certified prior to the effective date of the changes and their development plans contemplated the possible use of eminent domain prior to that date and, further, that such authority be preserved if such districts need to be recertified to complete the improvements and activities anticipated in their development plans. FACTS: ➢ The City of Eagan has used eminent domain sparingly in the past, primarily for public improvement projects, such as acquisition of road right of way, utility easements or other public uses. As the City has become more active in redevelopment, which often requires the acquisition and assembly of multiple parcels of property to carry out a comprehensive redevelopment of an area that meets statutory requirements for substandard conditions, the potential for the City to use eminent domain to acquire certain parcels has arisen. ➢ The City has not had to exercise that authority to date to acquire property for redevelopment purposes, but the potential for its use has helped lead to successful negotiated acquisitions of properties. It is also possible in any redevelopment situation for a small number of property owners to not agree to negotiated sales of their properties and it may be necessary for the City to consider use of eminent domain in those circumstances to complete property assembly and bring about a comprehensive redevelopment of an area. ➢ The City has been active through its municipal and professional organizations in monitoring and providing input to provide information relative to the current debate regarding local government use of eminent domain and efforts to amend state law in its regard. Information regarding the work of those groups has been provided to the City Council by way of the legislative policy adoption process of the groups and their legislative updates. ➢ Through the policy adoption process, the City has supported the positions of the League of Minnesota Cities, Metropolitan Legislative Commission, Association of Metropolitan Municipalities and Economic Development Association of Minnesota to consider refinements of the eminent domain law, but to oppose the more substantial limitations proposed by certain other lobbying organizations. ➢ At its workshop meeting of March 13, 2006, the City Council discussed the most recent information concerning the debate preceding the Legislative Session. At that time, the Council indicated that local governments should retain the right to use eminent domain under the current standards in redevelopment or renewal districts formed in advance of the law changes. Further, the Council noted that because redevelopment is a time-consuming process, it is sometimes necessary to recertify a district or part of a district in order to complete all of the work contemplated by the original TIF Development Plan. The Council indicated that it would like to forward comments to that effect to the municipal organizations to be considered for inclusion in their work with Legislators on this issue. ATTACHMENTS: None / (0 Y AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 21, 2006 A. CALL TO ORDER B. ADOPT AGENDA I6 6 C. APPROVE MINUTES D. OLD BUSINESS -70 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Receive Update on Developer Acquisitions of Properties in Project Area E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to ` Consider an Amendment of the TIF Development Agreement and to Consider the Sale of City Owned Property to U.S. Homes/Lennar for Private Development in the Nicols Ridge Project Area 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to Consider the Use of Eminent Domain to Acquire the Cedarvale Mall at the Request of its Owner, Cedar Grove Properties, as Outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richardson - To be continued to March 7, 2006 3. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for Building D Property of the Cedarvale Professional Buildings (Eagan Eye Clinic), 3908 Cedarvale Drive 0)/3 4. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for AVVR (Lundeen) Property, 3994 Cedarvale Drive ~1I 5. SOUTHEAST EAGAN STUDY AREA - Approve Amendment of Service Agreement between the City and LHB, Inc. to Complete Analysis of Prospective Redevelopment/Renewal District bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. F. OTHER BUSINESS G. ADJOURNMENT /V/ 5 Agenda Information Memo Eagan Economic Development Authority Meeting February 21, 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the February 7, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the February 7, 2006 EDA meeting on pages J=~-~ / /6 6 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 7, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, February 7, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Carlson, Commissioner Tilley, and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Bauer. ADOPT AGENDA Commissioner Tilley moved, Commissioner Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Maguire seconded a motion to adopt a resolution approving the minutes of the January 17, 2005 meeting as presented. Aye: 5 Nay: 0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT RECEIVE REQUEST FOR THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AND SCHEDULE PUBLIC HEARING ON FEBRUARY 21, 2006 TO CONSIDER AUTHORIZATION OF SUCH ACTION AS OUTLINED IN THE CEDAR GROVE REDEVELOPMENT TIF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SCHAFER RICHARDSON Community Development Director Hohenstein discussed a request for the use of eminent domain to acquire the' Cedarvale Mall. Commissioner Tilley moved, Commissioner Fields seconded a motion to receive a request from the owner of the Cedarvale Mall, Schafer Richardson, for the City to consider the use of eminent domain to acquire the company's property and schedule a public hearing on February 21, 2006 to consider authorization of such action. Aye: 5 Nay: 0 a CEDAR GROVE REDEVELOPMENT DISTRICT - RECEIVE REQUEST AND AUTHORIZATION FROM OWNER OF CEDARVALE MALL TO HAVE THE CITY'S RELOCATION CONSULTANT MEET WITH THE MALL TENANTS TO DISCUSS RELOCATION MATTERS AND AUTHORIZE STAFF TO PROCEED WITH SUCH ACTIVITIES Community Development Director Hohenstein discussed a request to have the City's relocation consultant meet the Cedarvale Mall tenants to discuss relocation matters. Commissioner Fields moved, Commissioner Tilley seconded a motion to receive a request and authorization from the owner of Cedarvale Mall to have the City's relocation consultant meet with the mall tenants to discuss relocation matters and authorize staff to proceed with such activities. Aye: 5 Nay: 0 AUTHORIZE STAFF TO NEGOTIATE A JOINT POWERS AGREEMENT WITH THE DAKOTA COUNTY CDA TO PERFORM THE PROCUREMENT AND CONTRACT MANAGEMENT OF DEMOLITION SERVICES FOR CITY OWNED PROPERTIES IN THE CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA AND TO AUTHORIZE EXECUTION OF THE AGREEMENT FOR THAT PURPOSE Community Development Director Hohenstein discussed a proposed Joint Powers Agreement the Dakota County CDA. Commissioner Maguire moved, Councilmember Tilley seconded a motion to authorize staff to negotiate a Joint Powers Agreement with the Dakota County CDA to perform the procurement and contract management of demolition services for City owned properties in the Cedar Grove Redevelopment District Core Area and to authorize execution of the agreement for that purpose. Aye: 5 Nay: 0 AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE KEN MYERS PROPERTY (EAGLE VALLEY BANK) AT 3900 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the potential acquisition of the property at 3900 Sibley Memorial Highway. Commission Tilley moved, Commissioner Fields seconded a motion to authorize negotiations for the possible acquisition of the Ken Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. Aye: 5 Nay: 0 AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE NIKOLAY AND NATALIA BRUTSKY PROPERTY (1VIINSK MARKET) AT 3992 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the possible acquisition of property located at 3992 Sibley Memorial Highway. Commissioner Maguire moved, Commissioner Tilley seconded a motion to authorize negotiations for the possible acquisition of the Nikolay and Natalia Brutsky property (Minsk Market) at 3992 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Tilley moved, Commissioner Maguire seconded a motion to adjourn the meeting at 8:15 p.m. Aye: 5 Nay: 0 /6 9' Agenda Memo Eagan Economic Development Authority Meeting February 21, 2006 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - RECEIVE UPDATE ON DEVELOPER ACQUISITIONS OF PROPERTIES W PROJECT AREA ACTION TO BE CONSIDERED: To receive an update from McGough Development regarding its efforts to acquire the remaining properties anticipated to be included in the McGough development project in the Northeast Eagan Redevelopment District and to provide direction as necessary to McGough on completion of negotiations and/or to staff regarding presentation of the findings of fact, conclusions and resolution for the TIF Development Agreement. FACTS: • The City has taken steps to bring about the redevelopment of the Northeast Eagan Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the initiation of redevelopment activity in a portion of the district consistent with the City's plans for the area. • At its meeting of November 1, 2005, the EDA/City Council held a public hearing to consider approval of the TIF Development Agreement between the City of Eagan and MG Eagan, the entity of McGough Development that intends to undertake the development and redevelopment of the portion of the Redevelopment District between Blue Gentian Road and the Interstate freeways. • At that time, McGough had acquired eleven of the properties in the area, but had not reached agreement with the remaining five property owners for acquisition of their properties. Those owners included RayMar Properties, Sandfords, Pavlicks, Reilings and the Marvel Eggum Estate. As part of the public hearing background, the developer provided documentation of his efforts to acquire those properties. • As an outcome of the public hearing, the EDA and City Council directed preparation of findings of fact, conclusions and resolution to approve the TIF development agreement, but directed McGough to take additional steps to attempt to acquire the remaining properties directly, before the EDA and City would take final action in that regard. Final approval will be based on a finding that the developer has exhausted good faith efforts to acquire the property and that the City would agree to undertake eminent domain to acquire properties not yet acquired by the developer. • Since that time, staff coordinated a meeting involving McGough, the property owners, the City Attorney and the City's Financial Consultants to discuss the Council's direction and encourage the parties to proceed with further negotiations. In follow up, McGough has performed an appraisal, made revised offers to the owners of the remaining properties and has acquired the RayMar property. Other property owners have corresponded with McGough, but no additional sales have been reported as of the date of packet preparation. • Staff has asked McGough to provide an update to the EDA/City Council on its acquisition efforts at the EDA meeting on February 21, because there are not objective criteria for when private efforts have been exhausted and it will be necessary for the City Council to set expectations in this regard. The purpose of the meeting on Tuesday will be for the EDA/Council to receive an update and to provide direction to the developer and staff as to when a final determination is to be made by the City Council. The City Attorney and Bond Counsel have advised that the EDA and Council can take action up to six months following the public hearing, but would need to renotice and hold a new public hearing if the decision is to be made after Mayl, 2006. • The remaining property owners have been noticed of this update and invited to provide input as may be appropriate. ATTACHMENTS: • Redevelopment District map on age Z ?-A • Property owner map on page 1-71 ~ o N o '°n co a d O O D L v N d 4' i6+ E r E a W a v c :a o `m 10 W N C 0 W > a m ~ 0 10 W Q 3 C O j m m O Q G J d in m m m a m a L6 N LL ` j L U L ~ _O OC to m w N w 3 F- U O W 5 W O y C N CL IM rn a ~ y N J y U U C t ~ ~ I I' / u f 13 ~•'II • lu / 6 f 1 I ~1 ,J) II I I \ S F I i I . r oad , -9111 i I I I I I' r~ I T -i I I I / m :i 471 1 V_ i it ~ -4 i 1 -,1 - _ - - e y -i 'rS v 'C y d Q. D C L 0 N MIT c O "L, Q N w ` > N_ c O 4 p J -9 w co lL 4) 'a N T c0 Z~ 0 H d 2 a d a d ®0E m ~ ca co M m O d t 1 r a W r 0 z s oaa Y we - J Q a I -ad ~a ~ ~ .mod O ~ 4w J G C7 X01 J w h \7 z g w C7 w Agenda Memo Eagan Economic Development Authority Meeting February 21, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT - PUBLIC HEARING TO CONSIDER AN AMENDMENT OF THE TIF DEVELOPMENT AGREEMENT AND TO CONSIDER THE SALE OF CITY OWNED PROPERTY TO U.S. HOMES/LENNAR FOR PRIVATE DEVELOPMENT IN THE NICOLS RIDGE PROJECT AREA ACTION TO BE CONSIDERED: To hold and close the public hearing and approve (or deny) the findings of fact, conclusions and resolution to sell four City owned parcels as described in the resolution to US Home Corporation for incorporation in the development of the Nicols Ridge project within the Cedar Grove Redevelopment District. 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 a portion of the district consistent with the City's plans for the area. • As a part of the redevelopment activities, the EDA and City Council have entered into a Tax Increment Financing Agreement with US Home/Lennar for the development of the Nicols Ridge housing development. The agreement defines the responsibilities of the parties relative to the acquisition and assembly of property for the development of the Nicols Ridge portion of the redevelopment area. • At the present time, the City has acquired four properties within the project area that are to be sold to US Home/Lennar. Details of the proposed sales, including their timing and the payment of a carrying cost to the City for early acquisition required an amendment of the TIF Agreement. That amendment is being presented to the EDA and City Council for consideration. • TIF Amendments and the sale of publicly owned property to private parties are subject to public hearing requirements. • The development agreement covers issues including the level of TIF assistance that may be provided to the developer and the general expectation that the City would sell property to it has acquired by voluntary negotiations to the developer at the appropriate time. The TIF agreement amendment outlines the terms of those sales. • At its meeting of January 17, 2006, the EDA and City Council scheduled a public hearing for its meeting of February 21, 2006 to consider this matter. • General facts concerning the redevelopment area and the amendment are outlined in the draft Findings of Fact, Conclusions and Resolution included in the attachments, below. • If the City Council and EDA determine on the basis of the record and the information available to them that the sale of the properties should move forward under the terms of the amended agreement, then the findings of fact, conclusions and resolution are in order for approval at this time. ATTACHMENTS: • Redeve opment District map illustrating the properties proposed to be sold on page • Nicols Ridge Development Plan on page? • Resolutions on pages 78"181 `t • TIF Agreement Amendment on pages "020 • TIF Agreement available for review. ale ~ f r; Rage r¢ a, € _i arG, rev%p~ehf Arm PropoSea o Sa/@ Pr ~ opert, If a 1.11 +.a(~tifM TWIT Mti-S'h [M) tt w y g16Ii' IwM13 ) w sm 1: so*.m also." I'A-V .GVYRdUM" Y.9770 • vnr1I7a7AF a.~i r n ».w. NRd I1lS LY►KlJPl7SYd s7c-" L (!!i i 0 m N w ~q E SI...1 92 tih a r~ y ~ .I R ~ ~ lid ia • 1!1!33 ~ ~ . 0 ~ ~ a C ~ \ 1 I I ~ 1 \ \ 1 7 I ♦ li ` I R 1 1 ♦ 1 I a♦ .mac'' _ - ~ ; ; 1 " ♦ J 1 I ~ Ir aavaala \\il•,`• ♦ i • 1 I z, a •r-- -,jam i f 1 l~ 1 TI 1 ' 1 1`~~yFt qty ` ♦ _ , / ` "e i It p g 1 1 ` I ~ I i 177- ~wrn.•...". BEFORE THE ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Amendment to Amended and restated FINDINGS OF FACT, Development Agreement and Sale of Certain CONCLUSIONS AND Properties Located in the Cedar Grove RESOLUTION Redevelopment Project Area 1. This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of February 21, 2006. The EDA received and considered public comment; input from City staff; the proposed Amendment to the Amended and Restated Development Agreement between the City of Eagan (the "City"), the EDA and U.S. Home Corporation (the "Developer"); together with all existing files, records and prior proceedings and material as presented to the EDA. 2. Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City, by adoption of an enabling resolution and compliance with the procedural requirements of Minnesota Statutes Section 469.093, established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The EDA has created and established a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Redevelopment Project Area pursuant to the authority granted by Minnesota Statutes Sections 469.174 through 469.179 (the "Act"). / 7K 3. 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 a portion of the district consistent with the City's plans for the area. 4. As a part of the redevelopment activities, the EDA and City Council have entered into a Tax Increment Financing Agreement (the "TIF Agreement") and an Amended and Restated Development Agreement (the Amended and Restated Development Agreement) (collectively, the "Development Agreement") to redevelop certain property within the TIF District No. 1 with Developer for the development of the Nicols Ridge housing development (the "Development"). The agreements lay out the responsibilities of the parties relative to the acquisition and assembly of property for the redevelopment of the Nicols Ridge portion of the redevelopment area. 5. The Development is a phased housing development, which the City and the EDA have approved. 6. In order to achieve the objectives of the Development and the Development Plan, the EDA has purchased four parcels ("Parcel I," "Parcel II," "Parcel III," and "Parcel IV" respectively, and collectively the "Additional Properties") which are needed by Developer to complete the Development, and which are legally described as follows: Parcel I: That part of the NE '/4 of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said NE '/4, said point being 998.13 feet East of the center of said Section 19, thence Northwesterly at an angle of 55°34' to said '/4 line 558.58 feet to the center of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 130 feet, thence Southeasterly and parallel with the first described line to a point on the South line of said NE '/4, said point being 156.7 feet East of the point of beginning, thence 156.7 feet West to the point of beginning. Parcel II: Lot 1, Block 1, BEAU D RUE DRIVE PLAT, according to the recorded plat. 7? Parcel III: That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. Parcel IV: Lot 2, BEAU D RUE DRIVE PLAT, Dakota County, Minnesota. 7. Details of the proposed sales, including their timing and the payment of a carrying cost to the City for early acquisition required an amendment of the Development Agreement. 8. Amendments to TIF Agreements and the sale of publicly owned property to private parties are subject to public hearing requirements. 9. The Development Agreement fails to specify the mechanism by which the Additional Properties shall be purchased by and conveyed to Developer for incorporation into the Development. 10. The Parties have proposed and are considering an Amendment to the Development Agreement (the "Amendment") in order to specify the mechanism by which Additional Properties shall be purchased and conveyed to Developer for incorporation into the Development. 11. The Amendment provides to the Developer an option to purchase the Additional Properties at a negotiated set per parcel price, to wit: Parcel I at $305,000.00; Parcel II at: $95,000.00; Parcel III at $600,000.00; and Parcel IV at $500,000.00, plus a per diem increase based upon a 3% per annum rate (non-compounding) beginning on January 1, 2006. 12. Relevant facts supporting the finding that the Amendment and the sale of the Additional Properties at the negotiated price is in the public interest and furthers the aims and purposes of Minnesota Statutes Sections 469.090 to 469.108 include: (a) The Developer has agreed to construct or cause the construction of certain improvements as provided in the Development Agreement. (b) The Developer has agreed to bring the Additional Properties into compliance with all applicable local, state and federal environmental laws and regulations as provided in the Development Agreement. (c) The Developer has agreed to demolish and dispose of the existing structures on the Properties as required in connection with the Development Agreement. 13. The City and the EDA published in the requisite legal newspaper the Notice of Hearing on February 2006, which is no more than 20 days nor less than 10 days prior to the hearing by the EDA to consider the advisability of the sale of the Additional Properties identified above and for approval of the Amendment to the Amended and Restated Development Agreement. CONCLUSIONS I . The City, by adoption of an enabling resolution in compliance with the procedural requirements of Minnesota Statute Section 469.093, established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The Amendment and the sale and conveyance are in the best interests of the City and the TIF District and its people, are in the public interest and further the aims and purposes of Minnesota Statutes Sections 469.090 to 469.108, and the transaction furthers its general plan of economic development. /U 3. The Amendment and the sale and redevelopment of the Additional Properties are proper and desirable and will increase the tax base, employment, and further the City's ultimate objective of creating an economically viable redevelopment project. 4. The conceptual development plan of the Developer for the Development, including the Additional Properties, is generally in conformance with the City's Comprehensive Guide Plan, zoning and land use ordinances and appears to be consistent with the surrounding development and development plans for the area. RESOLUTION L The EDA does hereby resolve that the Amendment to the Amended and Restated Development Agreement is in the best interests of the City and the TIF District and its people, is in the public interest and furthers the aims and purposes of Minnesota Statutes Sections 469.090 to 469.108, and the transaction furthers its general plan of economic development and is necessary to carry out a redevelopment project. 2. The EDA does hereby resolve that sale of the Additional Properties, to wit: Parcel I: That part of the NE'/4 of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said NE '/4, said point being 998.13 feet East of the center of said Section 19, thence Northwesterly at an angle of 55°34' to said '/4 line 558.58 feet to the center of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 130 feet, thence Southeasterly and parallel with the first described line to a point on the South line of said NE '/4, said point being 156.7 feet East of the point of beginning, thence 156.7 feet West to the point of beginning. Parcel II: Lot 1, Block 1, BEAU D RUE DRIVE PLAT, according to the recorded plat. Parcel III: That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. Parcel N: Lot 2, BEAU D RUE DRIVE PLAT, Dakota County, Minnesota; is in the best interests of the City and the TIF District and its people, is in the public interest and furthers the aims and purposes of Minnesota Statutes Sections 469.090 to 469.108, and the transaction furthers its general plan of economic development and is necessary to carry out a redevelopment project. 3. The EDA, by and through its President and Executive Director, are authorized to execute the Amendment to the Amended and Restated Development Agreement and enter into Purchase Agreements for the sale of the Additional Properties to U.S. Home Corporation at the appropriate time when the option is exercised. Dated at Eagan, Minnesota this day of , 2006. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director 113 BEFORE THE CITY Council CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Amendment to Amended and restated FINDINGS OF FACT, Development Agreement and Sale of Certain CONCLUSIONS AND Properties Located in the CCouncilr Grove RESOLUTION Redevelopment Project Area 1. This matter came before the Eagan City Council (the "Council") at its meeting of February 21, 2006. The Council received and considered public comment; input from City staff; the proposed Amendment to the Amended and Restated Development Agreement between the City of Eagan (the "City"), the Eagan Economic Development Authority (the `EDA') and U.S. Home Corporation (the "Developer"); together with all existing files, records and prior proceedings and material as presented to the Council. 2. Based upon all the files, records and input which were presented at the meeting, the Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City, by adoption of an enabling resolution and compliance with the procedural requirements of Minnesota Statutes Section 469.093, established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The EDA has created and established a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Redevelopment Project Area pursuant to the authority granted by Minnesota Statutes Sections 469.174 through 469.179 (the "Act"). /v 3. 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 a portion of the district consistent with the City's plans for the area. 4. As a part of the redevelopment activities, the EDA and City Council have entered into a Tax Increment Financing Agreement (the "TIF Agreement") and an Amended and Restated Development Agreement (the Amended and Restated Development Agreement) (collectively, the "Development Agreement") to redevelop certain property within the TIF District No. 1 with Developer for the development of the Nicols Ridge housing development (the "Development"). The agreements lay out the responsibilities of the parties relative to the acquisition and assembly of property for the redevelopment of the Nicols Ridge portion of the redevelopment area. 5. The Development is a phased housing development, which the City and the EDA have approved. 6. In order to achieve the objectives of the Development and the Development Plan, the EDA has purchased four parcels ("Parcel I," "Parcel II," "Parcel III," and "Parcel IV" respectively, and collectively the "Additional Properties") which are needed by Developer to complete the Development, and which are legally described as follows: Parcel I: That part of the NE '/4 of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said NE '/4, said point being 998.13 feet East of the center of said Section 19, thence Northwesterly at an angle of 55°34' to said 1/4 line 558.58 feet to the center of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 130 feet, thence Southeasterly and parallel with the first described line to a point on the South line of said NE 1/4, said point being 156.7 feet East of the point of beginning, thence 156.7 feet West to the point of beginning. Parcel II: Lot 1, Block 1, BEAU D RUE DRIVE PLAT, according to the recorded plat. Parcel III: That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. Parcel IV: Lot 2, BEAU D RUE DRIVE PLAT, Dakota County, Minnesota. 7. Details of the proposed sales, including their timing and the payment of a carrying cost to the City for early acquisition required an amendment of the Development Agreement. 8. Amendments to TIF Agreements and the sale of publicly owned property to private parties are subject to public hearing requirements. 9. The Development Agreement fails to specify the mechanism by which the Additional Properties shall be purchased by and conveyed to Developer for incorporation into the Development. 10. The Parties have proposed and are considering an Amendment to the Development Agreement (the "Amendment") in order to specify the mechanism by which Additional Properties shall be purchased and conveyed to Developer for incorporation into the Development. 11. The Amendment provides to the Developer an option to purchase the Additional Properties at a negotiated set per parcel price, to wit: Parcel I at $305,000.00; Parcel 11 at: $95,000.00; Parcel III at $600,000.00; and Parcel IV at $500,000.00, plus a per diem increase based upon a 3% per annum rate (non-compounding) beginning on January 1, 2006. 12. Relevant facts supporting the finding that the Amendment and the sale of the Additional Properties at the negotiated price is in the public interest and furthers the aims and purposes of Minnesota Statutes Sections 469.090 to 469.108 include: (a) The Developer has agreed to construct or cause the construction of certain improvements as provided in the Development Agreement. (b) The Developer has agreed to bring the Additional Properties into compliance with all applicable local, state and federal environmental laws and regulations as provided in the Development Agreement. (c) The Developer has agreed to demolish and dispose of the existing structures on the. Properties as required in connection with the Development Agreement. 13. The City and the EDA published in the requisite legal newspaper the Notice of Hearing on February 2006, which is no more than 20 days nor less than 10 days prior to the hearing by the Council to consider the advisability of the sale of the Additional Properties identified above and for approval of the Amendment to the Amended and Restated Development Agreement. CONCLUSIONS 1. The City, by adoption of an enabling resolution in compliance with the procedural requirements of Minnesota Statute Section 469.093, established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The Amendment and the sale and conveyance are in the best interests of the City and the TIF District and its people, are in the public interest and further the aims and purposes of Minnesota Statutes Sections 469.090 to 469.108, and the transaction furthers its general plan of economic development. 3. The Amendment and the sale and redevelopment of the Additional Properties are proper and desirable and will increase the tax base, employment, and further the City's ultimate objective of creating an economically viable redevelopment project. 4. The conceptual development plan of the Developer for the Development, including the Additional Properties, is generally in conformance with the City's Comprehensive Guide Plan, zoning and land use ordinances and appears to be consistent with the surrounding development and development plans for the area. RESOLUTION 1. The City Council does hereby resolve that the Amendment to the Amended and Restated Development Agreement is in the best interests of the City and the TIF District and its people, is in the public interest and furthers the aims and purposes of Minnesota Statutes Sections 469.090 to 469.108, and the transaction furthers its general plan of economic development and is necessary to carry out a redevelopment project. 2. The City Council does hereby resolve that sale of the Additional Properties, to wit: Parcel I: That part of the NE 1/4 of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said NE 1/4, said point being 998.13 feet East of the center of said Section 19, thence Northwesterly at an angle of 55°34' to said '/4 line 558.58 feet to the center of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 130 feet, thence Southeasterly and parallel with the first described line to a point on the South line of said NE 1/4, said point being 156.7 feet East of the point of beginning, thence 156.7 feet West to the point of beginning. Parcel H: Lot 1, Block 1, BEAU D RUE DRIVE PLAT, according to the recorded plat. Parcel III: That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley o Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. Parcel IV: Lot 2, BEAU D RUE DRIVE PLAT, Dakota County, Minnesota; is in the best interests of the City and the TIF District and its people, is in the public interest and furthers the aims and purposes of Minnesota Statutes Sections 469.090 to 469.108, and the transaction furthers its general plan of economic development and is necessary to carry out a redevelopment project. 3. The City, by and through the Mayor and Clerk, are authorized to execute the Amendment to the Amended and Restated Development Agreement and enter into Purchase Agreements for the sale of the Additional Properties to U.S. Home Corporation at the appropriate time when the option is exercised. Dated at Eagan, Minnesota this day of , 2006. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk AMENDMENT TO DEVELOPMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT 1 This agreement to amend ("Amendment") the Amended and Restated Development Agreement relating to Tax Increment Financing District No. 1 dated April 1, 2004 ("Agreement") between the Eagan Economic Development Authority ("EDA"), the City of Eagan ("City") and U.S. Home Corporation, a Delaware corporation, ("Developer"), is made this day of , 2005, by and between the EDA, the City and Developer (referred to collectively as the "Parties"). RECITALS WHEREAS, the Parties entered into the Agreement to redevelop certain property with the TIF District referenced therein (the "Development"). WHEREAS, the Development is a phased housing development (defined therein as "Phase I," "Phase II" and "Phase III"), which the City and the EDA have approved. WHEREAS, the EDA has purchased four parcels as set forth in Exhibit "A" attached hereto and incorporated herein ('Parcel I," "Parcel II," "Parcel III" and "Parcel IV " respectively) (collectively the "Additional Properties"), which are needed by Developer to complete the Development. WHEREAS, Section 3.6 of the Agreement does not specify the mechanism by which Additional Properties shall be purchased and conveyed to Developer for incorporation into the Development, and the Parties intend this Amendment provide such a mechanism. NOW THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. CREATION OF OPTION. EDA hereby grants Developer an option to purchase the Additional Properties in accordance with the Agreement and terms set forth herein ("Option"). 2. OPTION TERM. Developer shall exercise the Option to purchase the Additional Properties in accordance with the dates and deadlines set forth in the Agreement. During the term of the Option, the Developer may request that the EDA grant it, and/or its agents or contractors, reasonable access to enter upon the Additional Properties to investigate the condition of the same. The EDA agrees to grant such entry provided that appropriate financial security and insurance is provided by Developer. 3. EXERCISE OF OPTION. Developer shall exercise its Option on one or more of the Additional Properties in accordance with Section 6.4 of the Agreement by giving written notice. City of Eagan/Nicols Ridge/Amendment to Development Agreement 1 Said written notice shall include the following: (i) Developer's declaration of its intent to exercise its Option pursuant to the terms herein; (ii) the description of the Parcel or Additional Properties contained in Exhibit "A" herein, for which Developer is exercising its Option; and (iii) an executed purchase agreement or agreements substantially the same as that contained in Exhibit "B" herein. 4. PURCHASE PRICE. The purchase price for the Additional Properties is set forth in Exhibit "A." The purchase price is subject to a per diem increase, based upon a 3% per annum rate (non-compounding), beginning January 1, 2006. 5. REMAINING TERMS. All remaining terms and obligations contained in the Agreement not. expressly amended by this Amendment shall remain in full force and effect. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota body politic and corporate By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2005, by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota body politic and corporate, on behalf of the body. Notary Public /9~ CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2005, by Pat Geagan and Maria Petersen, the Mayor and Deputy Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public U.S. OME CORPORATION, a Delaware Corp ~jation . V G~ By: arc S. Anderson Its: ivision President STATE OF MINNESOTA ) Hvenrep,►1 ) SS. COUNTY OF BffltffA ) The foregoing instrument was acknowledged before me this =day of December, 2005, by Marc S. Anderson, a Division President of U.S. CORPORATION, a Delaware corporation, on behalf of the corporation. WPM Notary Public/ CAROLE L TOOHEY NOTARY Pt&-IC - MPIESOTA ssia~ E)O a jar, 31, 2W7 f93 EXHIBIT "A" LEGAL DESCRIPTION AND PURCHASE PRICE CALCULATION PROPERTY DESCRIPTION PURCHASE PRICE Parcel Number Legal Description Parcel I That part of the NE of Section 19, Township 27, Range 23, $305,000.00 described as follows: Beginning at a point on the South line of said NE said point being 998.13 feet East of the center of said Section 19, thence Northwesterly at an angle of 55°34' to said line 558.58 feet to the center of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 130 feet, thence Southeasterly and parallel with the first described line to a point on the South tine of said NE said point being 156.7 feet East of the point of beginning, thence 156.7 feet West to the point of beginning. Parcel II Lot 1, Block 1, BEAU D RUE DRIVE PLAT, $95,000.00 according to the recorded plat. Parcel III That part of the Northeast Quarter of Section 19, Township 27, $600,000.00 Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South tine of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereot Parcel IV Lot 2, BEAU D RUE DRIVE PLAT, Dakota County, $500,000.00 Minnesota. EXHIBIT "B" PURCHASE AGREEMENT This Purchase Agreement ("Agreement") is made this _ day of , 20_ ("Effective Date"), by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota body politic and corporate (hereinafter "Seller's and U.S. HOME CORPORATION, a Delaware corporation (hereinafter "Buyer") (collectively referred to as the "Parties"). WHEREAS, Seller is the owner of certain real estate located in Dakota County, Minnesota and legally described as set forth on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, the Property is located within City of Eagan's Tax Increment Financing District No. 1; and WHEREAS, Buyer has entered into an Amended and Restated Development Agreement ("Development Agreement") relating to Tax Increment Financing District No. 1 dated April 1, 2004, with Seller concerning the development of the Property and adjacent properties ("Adjacent Property"); and WHEREAS, Seller is willing to sell the Property to Buyer and Buyer is willing to acquire the Property all upon the terms and conditions contained in the Development Agreement and this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURCHASE PRICE. The purchase price for the Property shall be I " ("Purchase Price"). 2. PAYMENT OF PURCHASE PRICE. The Purchase Price shall be paid by the Buyer in cash or certified funds on the Date of Closing, as defined in Paragraph 8 herein. 3. TITLE EVIDENCE. Within thirty (30) days after execution of this Agreement, Buyer shall obtain, at Buyer's expense, a title insurance commitment for an owner's title insurance policy from the Title Company (the "Commitment" and/or the "Title Evidence") including proper searches covering bankruptcies, state and federal tax liens, judgment, unpaid taxes, assessments and pending assessments. The Buyer hereby acknowledges that the Seller will convey fee title to the Property subject to easements, encumbrances, covenants, conditions and restrictions of record, if any ("Permitted Encumbrances"). Buyer shall be allowed ten (10) days after receipt of such Commitment for examination and the making of any objections to the marketability of the title other than the Permitted Encumbrances, such objections to be made in writing or deemed waived. 4. TITLE INSURANCE. If any objections are so made, Seller shall have the option to cure the defect within thirty (30) days after notice from Buyer ("Cure Period"), or Seller may provide notice to Buyer that Seller has elected not to cure the defect.. In the event that the defect has not been cured within the Cure Period, Buyer shall have- the option of (a) accepting title as it then stands and waiving Buyer's objections to title and proceed to closing; or (b) terminating this Agreement within five (5) days after expiration of the Cure Period. 5. REAL ESTATE TAXES. Real estate taxes for all years prior to the year of closing shall be Seller's responsibility. Real estate taxes due and payable in the year of closing shall be Buyer's responsibility. Buyer shall be responsible for real estate taxes in all years subsequent to closing. Buyer shall be responsible for any deferred real estate taxes (i.e. Green Acres taxes for the property, which shall be paid at closing). 6. SPECIAL ASSESSMENTS. Buyer shall be responsible for and shall assume any pending or levied special assessments against the Property. 7. WELL DISCLOSURE/SEPTIC SYSTEMS DIscLOSURE/DEMOLITION COSTS. Buyer shall be responsible for any and all costs related to any well(s) on the Property as well as any and all costs associated with the removal and remediation of any septic systems. Buyer shall also be responsible for any and all costs relating to the demolition of any structure on the Property. In the event that Seller has, prior to the date of closing, incurred costs to seal/cap any well; remove any septic system; or demolish any structure on the Property, Buyer must reimburse Seller for such costs at the closing. Notwithstanding the foregoing, the City agrees that all actions undertaken by it for any such sealing/capping, removal and/or demolition, is subject to the competitive bidding statute and will be awarded to the lowest responsible bidder. 8. CLOSING. The closing shall take place on or before the date which is ninety (90) days subsequent to the Effective Date ("Date of Closing") at a place designated by Seller in Dakota County, time being of the essence. 9. OBLIGATION OF PARTIES AT CLOSING. At the closing between Buyer and Seller with respect to the Property: a. Seller shall: i. Execute and deliver a Quit Claim Deed conveying insurable fee title to the Buyer subject to easements, encumbrances, covenants, conditions and restrictions of record, if any, together with the terms and conditions of the repurchase agreement as set forth on Exhibit "B" attached hereto and incorporated herein ("Repurchase Agreement"). lie Buyer acknowledges that the Repurchase Agreement must be recorded prior to any mortgage that Buyer takes against the Property and further that such mortgage must contain a clause that permits the Seller to acquire the Property at the price stated in the Purchase Agreement free and clear of any mortgage encumbrance. This provision shall survive the closing of this transaction and the delivery of any deed. ii. Execute and deliver the Repurchase Agreement in the form and text of Exhibit "B;" iii. Execute and deliver such other documents as may be reasonably required by Buyer to effectuate the sale and transfer of the Property. b. Buyer shall: i. Make the necessary payments of the Purchase Price required under paragraph 2 of this Agreement as well as any costs incurred by Seller under paragraph 7 of this Agreement; ii. Pay all recording fees and charges relating to the filing of the Quit Claim Deed; iii. Pay the title insurance premiums and the closing fee charged by the title company, if any; iv. Pay the state deed tax; V. Pay all costs relating to the updating of the Abstract of Title and the issuance of any title commitment or endorsements thereof; vi. Execute and deliver to Seller the Repurchase Agreement in the form and text of Exhibit "B"; vii. Execute and deliver such other documents as may be reasonably required by Seller to effectuate the sale and transfer of the Property; 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER. ' Seller makes no representations or warranties, whether express or implied, oral or written, concerning the condition of the Property or any improvements thereon. Buyer has undertaken all necessary due diligence, including any and all environmental tests Buyer deems reasonably necessary to satisfy itself as to the physical condition of the Property and any improvements thereon. Buyer is purchasing the Property "As-Is" with all faults. Notwithstanding the foregoing, Seller shall deliver to Buyer, within fifteen (15) days of the date hereof, all third party generated "due diligence" documentation in Seller's possession or control. Notwithstanding anything contained herein to the contrary, Seller makes the following representations and warranties: i. Authority. Seller has the requisite power and authority to enter into and perform this Agreement and those Seller's Closing Documents to be signed by it; such documents have been duly executed and delivered; such execution, delivery and performance by Seller of such documents do not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. ii. Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of the Agreement, iii. Agreements. There are no leases, oral or written, affecting the Property or any part thereof, nor any other right, title or interest in or to the Property granted to any other individual or entity and Seller covenants to deliver possession at Closing free of all tenancies, occupancies, or other rights, titles or interest, except as otherwise set forth in this Agreement. 11. NOTICES. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, the next business day after being sent by reputable overnight commercial courier (e.g. U.P.S or Federal Express) or sent by facsimile (with verification of receipt) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): To the Buyer: U.S. Home Corporation 935 East Wayzata Boulevard Wayzata, Minnesota 55391 Attention: Lee Johnson, Steve Grohoski, Mark Petersen With a copy to: Brett A. Perry,'Esq. Messerli & Kramer, P.A. 1800 Fifth Street Towers, 150 South Fifth Street Minneapolis, Minnesota 55402 To the Seller: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 5 5122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 12. HEADINGS. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 13. GOVERNING LAw. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 14. HEIRS, SUCCESSORS AND ASSIGNS. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. Notwithstanding the foregoing, Buyer shall not be permitted to assign this Agreement or any of Buyer's rights or obligations hereunder without Seller's prior written consent, which may be granted or withheld in Seller's sole and absolute discretion. 15. DEFAULT. a. Seller's Remedies. If Buyer shall fail to consummate this Agreement for any reason, Seller, as its sole and exclusive remedy, may terminate this Agreement. b. Buyer's Remedies. If Seller shall fail to consummate this Agreement for any reason, Buyer, as its sole and exclusive remedy, may terminate this Agreement. 16. COMMISSION. Seller represents to Buyer that Seller has not engaged, and Buyer represents to Seller that Buyer has not engaged, any broker or agent in connection with the entering into of this Agreement, the sale or purchase of the Property, or the consummation of the transactions contemplated herein. A 17.1 NATURE OF CONDITIONS. Buyer and Seller understand that in order for Buyer to proceed with development of the Property and closing the transaction contemplated by this Agreement, the following conditions must be satisfied on or before sixty (60) days after the date of this Agreement ("Condition Date") or other date as set forth below: i. The Corporate Investment Committee of Lennar Corporation shall have approved this Agreement and the transactions contemplated hereby in this Agreement in writing by the Condition Date. ii. On or before the Condition Date, Buyer shall have received, at Buyer's costs, a satisfactory environmental assessment of the Property stating that the Property is free from hazardous. materials and is in compliance with all applicable federal, state and local environmental, health and safety laws and regulations. iii. On or before the Condition Date, Buyer shall have received, at Buyer's cost, soil test reports in form and substance satisfactory to Buyer stating that the soil conditions will permit the construction of residential dwellings without special footings. iv. On or before the Closing Date, there shall have not been any conditions or restrictions placed on the development of the Property as contemplated by this Agreement, by federal, state, City, city, county or municipal bodies, laws, regulations or ordinances, which would cause a delay in development of the Property or delay in obtaining a building permit or certificate of occupancy, and which Seller has not satisfied or otherwise cured so as to prevent such delay. V. On or before the Condition Date, Buyer shall have received, at Buyer's cost, assurances satisfactory to Buyer to the effect that development of the Property will not be impaired by any archeological limitations or restrictions. vi. On or before the Condition Date, at Buyer's expense, Buyer shall have procured a boundary survey of the Property (the "Survey"), acceptable to Buyer, determined in Buyer's sole discretion, prepared by a duly licensed land surveyor licensed in Minnesota and chosen by Buyer. The Survey shall comply with ALTA survey requirements. 17.2 FAILURE OF CONDITIONS. If any of the conditions set forth in Section 17.1 shall not have been satisfied by the Condition Date, then Buyer shall have the right to terminate this Agreement and, in the event Buyer does so terminate this Agreement, this Agreement shall become null and void. ~60 The conditions contained in Section 17.1 are for the exclusive benefit of the Buyer. IN WITNESS WHEREOF the parties have executed this Agreement this day of 2005. BUYER: SELLER: U.S. HOME CORPORATION, a Delaware EAGAN ECONOMIC DEVELOPMENT corporation AUTHORITY, a Minnesota body politic and corporate By: By: (print name) Pat Geagan Its: Its: President By: Thomas L. Hedges. Its: Executive Director a6 EXHIBIT "A" Legal Description PROPERTY DESCRIPTION Parcel Number Legal Description Parcel I That part of the NE of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said NE'/., said point being 998.13 feet East of the center of said Section 19, thence Northwesterly at an angle of 55°34' to said 1/4 line 558.58 feet to the center of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 130 feet, thence Southeasterly and parallel with the first described line to a point on the South line of said NE'/., said point being 156.7 feet East of the point of beginning, thence 156.7 feet West to the point of beginning. Parcel II Lot 1, Block 1, BEAU D RUE DRIVE PLAT, according to the recorded plat. Parcel III That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. Parcel IV Lot 2, BEAU D RUE DRIVE PLAT, Dakota County, Minnesota.. EXHIBIT "B" REPURCHASE AGREEMENT This Agreement is made and entered into this day of , 20 by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota body politic and corporate ("EDA"), and U.S. HOME CORPORATION, a Delaware corporation ("Developer") (collectively the "Parties"). WHEREAS, EDA and Developer have entered into a Purchase Agreement, dated ,20 _ ("Purchase Agreement") relating to the sale and purchase of a parcel of land situated in Dakota County, Minnesota, and legally described as follows: (the "Property"); and WHEREAS, the Parties entered into a Amended and Restated Development Agreement relating to Tax Increment Financing District No. 1 dated April 1, 2004 (the "Development Agreement") whereby the Parties agreed that Developer may purchase from EDA property adjacent to and to be incorporated into the development known as Nicols Ridge (the "Development"); and NOW, THEREFORE, in further consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to EDA the following option to repurchase the Property ("Repurchase Agreement"); Section 1. REPURCHASE: If, within thirty (30) months from the date Developer purchases the Property, Developer has not commenced the construction of the Improvements as defined in Section 1(1), 3.6 and 3.7 of the Development Agreement, on the Property ("Improvements") EDA may, at its option, repurchase the Property for a purchase price of $ less the amount of any liens or claims against the Property resulting from action by the Developer. EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days of the expiration of the period(s) specified above. Upon receiving the repurchase price in cash from EDA, Developer shall convey to EDA good and P0-3 marketable title to the Property by limited warranty deed, free and clear of any encumbrances placed or suffered thereon by Developer. In the event that Developer fails or refuses to remove such encumbrances, EDA shall be permitted to remove such encumbrances at Developer's sole cost and expense. Developer hereby agrees to indemnify EDA from any and all liabilities, expenses and costs incurred (including but not limited to reasonable attorney's fees) arising out of or related to the removal of such encumbrances. . Section 2. RELEASE: If written notice of option exercise is not timely given to Developer by EDA or if Developer, within thirty (30) months from the date Developer purchases the Property, or should Developer commence construction of the Improvements on the Property within said time period, this option to repurchase shall terminate absolutely and EDA shall upon Developer request, execute and deliver to Developer a release of this repurchase right in recordable form. Section 3. SALE OF PROPERTY: Developer hereby acknowledges and agrees that Developer shall not sell, or transfer title to all or any portion of the Property within thirty (30) months from the date of Developer's purchase of the Property without the prior written consent of EDA, or the execution and delivery of a release of the repurchase right set forth herein. Any purported conveyance or transfer of title without the prior written consent of EDA shall be null and void. Section 4. NOTICE: All notices, demands and requests required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed to EDA or to Developer, as the case may be, prepaid and registered or certified mail, return receipt requested, at the following addresses: To the Developer: U.S. Home Corporation 935 Wayzata Boulevard Wayzata, Minnesota 55391 Attention: Lee Johnson, Steve Grohoski, Mark Petersen With a copy to: Brett A. Perry, Esq. Messerli & Kramer, P.A. 1800 Fifth Street Towers, 150 South Fifth Street Minneapolis, Minnesota 55402 To EDA: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 ao~ Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Section 5. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. Section 6. COUNTERPARTS. This Agreement may be executed in counterparts and each such duly executed counterpart shall be of the same validity, force and effect as the original. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year first above written. DEVELOPER U.S. HOME CORPORATION, a Delaware corporation By: (print name) Its: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me, a notary pubic, this day of , 2005, by , the of U.S. HOME CORPORATION, a Delaware corporation, on behalf of the corporation. Notary Public EDA EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota body politic and corporate By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a notary public, this day of , 2005, by Pat Geagan and Thomas L. Hedges, the President and Executive Director of Eagan Economic Development Authority, a Minnesota body politic and corporate, on behalf of the body. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 ao~ EXHIBIT "A" PROPERTY DESCRIPTION Parcel Number Legal Description Parcel I That part of the NE of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said NE said point being 998.13 feet East of the center of said Section 19, thence Northwesterly at an angle of 55°34' to said line 558.58 feet to the center of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 130 feet, thence Southeasterly and parallel with the first described line to a point on the South line of said NE'/., said point being 156.7 feet East of the point of beginning, thence 156.7 feet West to the point of beginning. Parcel II Lot 1, Block 1, BEAU D RUE DRIVE PLAT, according to the recorded plat. Parcel III That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. Parcel IV Lot 2, BEAU D RUE DRIVE PLAT, Dakota County, Minnesota. Agenda Memo Eagan Economic Development Authority Meeting February 21, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT - PUBLIC HEARING TO CONSIDER THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AT THE REQUEST OF ITS OWNER, CEDAR GROVE PROPERTIES, AS OUTLINED IN THE CEDAR GROVE REDEVELOPMENT TIF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SCHAFER RICHARDSON - TO BE CONTINUED TO MARCH 7, 2006 ACTION TO BE CONSIDERED: To continue to March 7, 2006 the Public Hearing to consider the use of eminent domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties, as outlined in the Cedar Grove Redevelopment T1F Development Agreement between the City and Schafer Richardson. FACTS: • At its meeting of February 7, 2006, the EDA and City Council scheduled a public hearing for its meeting of February 21, 2006 to consider this matter. • An error occurred in the publication of notice for this item. As a consequence, it is necessary to continue the item to March 7, 2006 to permit the item to be renoticed. ATTACHMENTS: • None t~ as Agenda Memo Eagan Economic Development Authority Meeting February 21, 2006 3. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR BUILDING D PROPERTY OF THE CEDARVALE PROFESSIONAL BUILDINGS (EAGAN EYE CLINIC), 3908 CEDARVALE DRIVE ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement for Building D Property of the Cedarvale Professional Buildings (Eagan Eye Clinic), 3908 Cedarvale Drive. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the voluntary acquisition of properties in which there is a willing seller. • The City was approached by the owners of the Eagan Eye Clinic Condominium Unit at 3908 Cedarvale Drive. At its meeting of October 18, 2005, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $125,000. The purchase agreement and related documents are in order for consideration at this time. ATTACHMENTS: • Area map on page • Resolutions on pages 4- /a • Purchase Agreement, Lease Agreement and related documents available upon request. ~D SIIverBeII;Rd O Cedar Gr6- ve=Redevel6 pment,~4rea 3 0 W ~z Eagan Eye Clinic LL O 3908 Cedarvale Dr 9 I BaStGtD 31 A --A - o ~ s J. I 0 325 650 Feet !q o[BaP Cedar Grove Redevelopment Area Eagan Eye Clinic Property EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR BUILDING D PROPERTY OF THE CEDARVALE PROFESSIONAL BUILDINGS (EAGAN EYE CLINIC), 3908 CEDARVALE DRIVE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Purchase Agreement for Building D Property of the Cedarvale Professional Buildings (Eagan Eye Clinic), 3908 Cedarvale Drive in the Cedar Grove Redevelopment Area Located in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 21st day of February, 2006. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR BUILDING D PROPERTY OF THE CEDARVALE PROFESSIONAL BUILDINGS (EAGAN EYE CLINIC), 3908 CEDARVALE DRIVE BE IT RESOLVED by the Eagan City Council to approve the Purchase Agreement for Building D Property of the Cedarvale Professional Buildings (Eagan Eye Clinic), 3908 Cedarvale Drive in the Cedar Grove Redevelopment Area Located in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mira Pepper, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 21" day of February, 2006. Mira Pepper, Deputy City Clerk u2ior'- Agenda Memo Eagan Economic Development Authority Meeting February 21, 2006 4. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR AWR (LUNDEEN) PROPERTY, 3994 CEDARVALE DRIVE ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement for the AWR (Lundeen) Property, 3994 Cedarvale Drive. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the voluntary acquisition of properties in which there is a willing seller. • The City was approached by the owners of the AVVR (Lundeen) Property, 3994 Cedarvale Drive. At its meeting of July 5, 2005, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $682,500. The purchase agreement and related documents are in order for consideration at this time. ATTACHMENTS: • Area map on page • Resolutions on pages - • Purchase Agreement, Lease Agreement and related documents available upon request. ~2 ~ 3 F ~ \ o ,o 511ver.BellAd Nor e ~ - - Cedar Gro~e=Revelo menArea.. P t O ~ ~o AWR INC SITE s e<G q ` 9 1 P-has e Ili $ Nicols Ridge O o • Development J 1 f 0 325 650 1,300 Feet dty of aagan Cedar Grove Redevelopment Area AWR INC SITE ~~y EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR AVVR (LUNDEEN) PROPERTY, 3994 CEDARVALE DRIVE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Purchase Agreement for for AVVR (Lundeen) Property, 3994 Cedarvale Drive in the Cedar Grove Redevelopment Area Located in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 21" day of February, 2006. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR AVVR (LUNDEEN) PROPERTY, 3994 CEDARVALE DRIVE BE IT RESOLVED by the Eagan City Council to approve the Purchase Agreement for AVVR (Lundeen) Property, 3994 Cedarvale Drive in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mira Pepper, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 21 " day of February, 2006. Mira Pepper, Deputy City Clerk Agenda Memo Eagan Economic Development Authority Meeting February 21, 2006 5. APPROVE APPROVE AMENDMENT OF SERVICE AGREEMENT BETWEEN THE CITY AND LHB. INC. TO COMPLETE ANALYSIS OF PROSPECTIVE REDEVELOPMENT/RENEWAL DISTRICT BOUNDED BY HWY 3, RED PINE LANE. BISCAYNE AVENUE AND GUN CLUB ROAD ACTION TO BE CONSIDERED: To approve an amendment of the service agreement between the City and LHB, Inc. to complete the analysis of a prospective Redevelopment or Renewal District bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. FACTS: ➢ At its meeting of August 1, 2005, the EDA and City Council approved a Predevelopment Agreement with Revestors Corporation and Commercial Property Development Corporation, a division of Manley Development, to formalize the relationship of the parties relative to exploration of the potential formation of a redevelopment district in the area described in Southeast Eagan. ➢ The City retained the firm of LHB Inc. to perform an area analysis to determine lot occupancy, lot coverage and the extent of substandard conditions in the area. LHB has performed the initial analysis and staff, the developers and the City's fiscal consultant, Ehlers and Associates have reviewed their implications. Because of the preliminary findings, it has been necessary to ask LHB to review more scenarios for the boundaries of a prospective redevelopment district than had been anticipated. The original contract was for services not to exceed $4,700 in cost. In order to complete the remaining tasks in order to present the report to the EDA/City Council, the company is estimating an additional $1,400 in cost for a total contract of $6,100. Staff has reviewed the work to date and the proposal and find it to be in order for consideration. The developers have been advised of the additional charge to the escrow for the predevelopment agreement and concur that it is appropriate. ATTACHMENTS: ➢ Area map on pages . a~ d tip ~7~ b~C y N3~~ '3SV3 ]i1lTF'NN2i0 N A N v Haut DO 0 o cy 3AV 3NAVOSIS n gg c N a 8 W s. a L U m ce. Y. ~ry A v~ `lid c~ a~ C J.H Agenda Information Memo Eagan Economic Development Authority Meeting February 21, 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. a~~