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11/21/2006 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING November 21, 2006 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS T). 2. A. Swearing in of New Police Officers IV. CONSENT AGENDA P. 3 A. APPROVE MINUTES p 11 B. PERSONNEL ITEMS P• 13 C. APPROVE CHECK REGISTERS P. I t4 D. AUTHORIZE City Treasurer to complete application to US Bank for issuance of purchasing cards P. I E. APPROVE 2007 Funding Application to Dakota County for the Community Landfill Abatement Funds I7 F. APPROVE Premise Permit renewals for Mendota Heights Athletic Association to conduct pull-tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda de Los Lobos, 3665 Sibley Memorial Highway P- G. APPROVE Premise Permit for Burnsville Hockey Club to operate a pull-tab operation at Timeout Restaurant, 2864 Highway 55 Q. Z.Z. H. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 946, (Thomas Center Drive - Street and Trail Improvements) p 2'S I. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 948, (Westbury Addition - Street Improvement) p• Z~ J. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 949, (Lexington Square - Street Improvements) K. APPROVE Easement Agreement for Project 778 (TH 149 Upgrade) 'P-Zb L. AMEND the Commercial Park Dedication Fees based on recent Legislative changes p 30M. APPROVE Renewals of Existing Liquor Licenses for 2007 p -N N. APPROVE extended hours of operation, Sprint Nextel (Sperry Water Tower-Antennae Repair) V. PUBLIC HEARINGS P. -35 A. PROJECT 877, Final Assessment Hearing, Lexington Avenue (Lone Oak Road to TH 55) - Street Improvement (will be continued to December 4, 2006 Council meeting) f7.3c,o B. PROJECT 942, Deerwood Drive - Street Overlay 0 C. PROJECT 943, Wescott Road - Street Overlay VI. OLD BUSINESS p.gbA. RECEIVE and Approve the Patrick Eagan Park Master Plan. VII. NEW BUSINESS $2.A. PRELIMINARY SUBDIVISION - Dewitt Addition - A Preliminary Subdivision of 0.69 acres to create 2 single family lots located at 2804 Vilas Lane on Lot 1, Block 8, Country Home Heights in the NW '/4 of Section 03. B. ORDINANCE AMENDMENT - Chapter 11, Window Signage - An Ordinance Amendment to the Sign Ordinance in Chapter 11 to modify standards relative to window signage. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (there are not items at this time) X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. 411~ City of Eapn In TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 17, 2006 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 21, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 21, 2006 City Council agenda, the following items are in order for consideration. 1 Agenda Memo November 21, 2006 RECOGNITIONS AND PRESENTATIONS Swearing in of New Police Officers FACTS: Police Chief McDonald will introduce new Police Officers David Streefland and Mark Kritzeck 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 October 30, 2006, to fill two existing vacancies within the Police Department. Agenda Information Memo November 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 November 9, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 9, 2006 regular City Council meeting are enclosed on pages y through ) Q MINUTES OF A REGULAR MEETING OF THE 0 EAGAN CITY COUNCIL ` q F Eagan, Minnesota November 9, 2006 A Listening Session was held prior to the regular City Council meeting on November 9, 2006 in the Eagan Room. Norm Gillerman representing the Mendota Heights Athletic Club requested the Council consider an ordinance amendment that would allow charitable gambling, in addition to pull tab, in bars and restaurants. Council directed staff to research the policies of other area cities. Kent Vicara requested the Council consider an ordinance that would prohibit people from asking for money along City streets. Chief of Police McDonald discussed the issue with Mr. Vicara. A regular meeting of the Eagan City Council was held on November 9, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Item to be added to the Consent Agenda - Reschedule final assessment roll for project 877. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Mike Schrader was recognized for 18 years of service with the City of Eagan, retiring after 28 years of law enforcement service. Grant Bolter, new reporter for Sun Current was introduced. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the October 10, 2006 Special City Council meeting and the October 17, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Lawrence Mark Kritzeck and David Streefland as Police Officers. 2. It was recommended to accept the letter of resignation from Randy Ragner, Operations Supervisor for Campus Facilities. 3. It was recommended to approve the hiring of a community service office contingent upon successful completion of physical, drug and psychological testing. 4. It was recommended to approve the hiring of Matthew Mack and Barbara Normandin as full-time Managers-on-Duty at the Community Center. 5. It was recommended to accept the resignation from Sherri Nichols, part-time Clerical Tech III in Community Development. C. Check Registers. It was recommended to ratify the check register dated October 19, 2006 and October 26, 2006 as presented. D. Donation. It was recommended to approve a resolution accepting a $825 donation from Home Depot for the Fire Department. E. Grant. It was recommended to approve acceptance of a $2,000 grant from the Walmart Foundation to the Eagan Police Department. F. Resignation. It was recommended to accept the resignation of Dean Haehnel from the Egan Airport Relations Commission. G. Liquor License. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. 4 Eagan City Council Meeting Minutes November 9, 2006 Page 2 H. Cascade Bay User Rates and 2007 Budget. It was recommended to approve the 2007 Cascade Bay user rates and the 2007 Cascade Bay Budget including elimination of further consideration of the $1,000,000 advance from the Community Investment Fund (CIF). I. Release of Regulatory Agreement. It was recommended to approve the execution of release of regulatory agreement - Woodridge Apartments. J. Item removed K. Cedar Grove Redevelopment District. It was recommended to authorize cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar Grove Redevelopment District L. Final Subdivision. It was recommended to approve a Final Subdivision (Oldre Addition) to create two single-family lots upon one acre of land located at 2900 Skyline Drive in the SE '/4 of Section 4. M. Final Subdivision. It was recommended to approve a Final Subdivision (Eagandale Center Industrial Park No. 19) to create two lots upon 3.79 acres located at 3000 Denmark Avenue in the NE '/4 of Section 10. N. Project 776. It was recommended to receive the Final Assessment Roll for Project 776 (Yankee Doodle Road Extension - Street & Utility Improvements) and schedule a public hearing to be held on December 4, 2006. 0. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lots 1 & 2, Block 1, Silicon Graphics and schedule a public hearing to be held on December 4, 2006. P. Release of O'Neill Drive. It was recommended to approve a resolution authorizing the release and transfer of jurisdictional authority for a portion of O'Neill Drive within the City of Mendota Heights from the Minnesota Department of Transportation (MnDOT) to City of Eagan, and authorize initiation of annexation proceedings with the City of Mendota Heights. Q. Contract 06-08. It was recommended to reject the bids for Contract 06-08 (North Ridge Drive & Sibley Terminal Industrial Park Storm Drainage Improvements). R. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement within Lot 1, Block 1, Centennial Ridge 2°d Addition, and schedule a public hearing to be held on December 4, 2006. S. Lease Agreement. It was recommended to approve a resolution authorizing the City to enter into a lease agreement with Dakota County for the installation of radio communications equipment and support facilities on the Sperry Water Reservoir, and authorize the Mayor and City Clerk to execute all related documents. T. Item Removed. U. Design Contract. It was recommended to approve a contract with JAL Architects for the design of a service building to be constructed at Thresher Fields Park and authorize the Director of Parks and Recreation to sign the contract and any related documents on behalf of the City. V. Project 874. It was recommended to approve an Assessment Settlement Agreement with John Cina for Project 874 (Gift of Mary - Streets and Utilities) and authorize the Mayor and City Clerk to execute all related documents. W. Ordinance Amendment -City of Eagan. It was recommended to direct staff to prepare an Ordinance Amendment to Chapter 11 to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit. X. Project 877. It was recommended to reschedule the public hearing for Project 877 to December 4, 2006 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the certification of delinquent false alarm bills to Dakota County stating there are currently ten delinquent false alarm bills, with an assessable amount of $1,570. 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 Maguire seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 5 Eagan City Council Meeting Minutes November 9, 2006 Page 3 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the certification of delinquent weed cutting bills to Dakota County, stating there are currently six delinquent weed cutting bills with an assessable amount of $1,751.88. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Mayor Geagan moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding the certification of delinquent utility bills to Dakota County, stating there are approximately 526 utility bill accounts with delinquent payments in the assessable amount of $101,355.89. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay:0 VARIANCE - LOT 3, BLOCK 1, SPECTRUM BUSINESS PARK SPECTRUM DEVELOPMENT City Administrator Hedges introduced this item regarding a 5-foot and a 10-foot variance to the minimum 20-foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park. City Planner Ridley gave a staff report. Councilmember Carlson noted that the request was identical to the previous Variance request approved in 2001. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a 5-foot and 10-foot variance to the minimum 20-foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park, in the NW '/4 of Section 2. Aye: 5 Nay: 0 PROJECT 928, MEADOWVIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for Project 928, Meadowview Road / Alexander Road street overlay improvements. Public Works Director Colbert noted that as a result of questions raised at the informational meeting regarding assessment amounts, the City Attorney has recommended that the final assessment roll be revised which will require re-notification of all property owners. No action was taken. OUTLOT A, RIVERPARK OFFICE CENTER EASEMENT VACATION City Administrator Hedges introduced this item regarding an easement vacation for Outlot A, Riverpark Office Center. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes ' November 9, 2006 Page 4 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of a portion of public drainage and utility easements within Outlot A, Riverpark Office Center and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS CANVASS OF BALLOTS - NOVEMBER 7, 2006 MUNICIPAL ELECTION City Administrator Hedges noted that state law provides that within seven days after an election, the governing body of a.city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. Councilmember Fields moved, Councilmember Maguire seconded a motion to certify the results of the November 7, 2006 Municipal Election. Aye: 5 Nay: 0 NEW BUSINESS CONSIDER PROPOSAL FROM EAGAN ART HOUSE City Administrator Hedges introduced this item regarding a proposal from the Eagan Art House Board to have the Eagan Art House operations become part of the Parks and Recreation Department. Parks and Recreation Director Johnson gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the proposal from the Eagan Art House Board to have the Eagan Art House operations become part of the Parks and Recreation Department. Aye: 5 Nay:0 WETLAND DELINEATION REPORT - WETLAND REPLACEMENT PLAN LONE OAK BUSINESS CAMPUS City Administrator Hedges introduced this item regarding a Wetland Delineation Report / Wetland Replacement Plan for Lone Oak Business Campus. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to receive and affirm the wetland delineation report and approve the wetland replacement plan by Lone Oak Development, LLC for wetland impacts of the proposed Lone Oak Business Campus development. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT - LONE OAK DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights. City Planner Ridley gave a staff report. Gary Tushie, Tushie Montgomery Architects, was present to answer questions. Discussion included proposed trails and sidewalks and parking requirements. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights in the SE 1/4 of Section 01, subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan Eagan City Council Meeting Minutes November 9, 2006 Page 5 • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. A minimum of 50% green space shall be provided for the overall development. 6. Parking setbacks shall be provided in accordance with the City's zoning code. 7. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. 8. If additional parking spaces are required by an actual tenant in Buildings 6 or 7 that exceeds the number provided, the additional parking shall be provided through structured parking such that the total green space is not reduced. 9. Buildings 1 and 2 shall not exceed one story and 45 feet in height, and Buildings 3-5 shall not exceed one story and 35 feet in height. Buildings 6 and 7, shall not exceed five stories and 75 feet in height. 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule, planting specifications and notes, automatic irrigation and signature of certified landscape architect.. 11. A site lighting plan shall be submitted at the time of Final Planned Development for each building. Lighting fixtures shall be consistent throughout the development. Minimum light levels of 0.5 foodcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within parking lots shall not be greater than 4:1. 12. Building architecture and materials shall comply wit the City's architectural standards ordinance. All buildings within this Planned Development shall utilize some common architectural features and materials. 13. Trash enclosures shall be provided in accordance with City ordinances, attached to the principal structure and constructed of materials to match the principal structure with gates or doors having at least 90% opacity. 14. All ground and roof-mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 15. Site and building signage shall be subject to City Sign Code standards. One monument sign is permitted for each building and all monument signs in this Planned Development shall be consistent in design and size and be constructed of the same materials. 16. The future park dedication for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect) 17. The future trails dedication for the development(s) shall be satisfied through a cash dedication. A full credit may be given for portions of a trail within the grade of the primary public roadway, consistent with the City Transportation plan and built to City specifications. Additional credit may be granted, upon staff review, for on-site trails determined to provide connectivity and obvious public value, all found to be consistent with the over-all resource protection measures implemented on the site. 18. Water quality requirements shall be met through the construction of on-site treatment ponds. 19. The developer shall modify the outlet structures of the treatment ponds to increase storage times in the ponds and allow retention of up to 5-year storms and infiltration through side slopes of the ponds to achieve higher levels of reduction (up to 96%) in infiltration basins, and other low-impact Best Management Practices shall be incorporated as needed to further reduce phosphorus load and runoff volume further. 20. A cash water quality dedication will be due for the amount of land area that drains stormwater off-site without treatment payable at the time of final plat or issuance of building permit, whichever occurs first. 21. The wetland delineation report must be formally accepted by the City Council prior to approval of the Preliminary Planned Development. 22. The City Council must make a formal decision regarding the acceptability of the wetland replacement plan prior to approval of the Preliminary Planned Development. 6 Eagan City Council Meeting Minutes RJR November 9, 2006 Page 6 23. The applicant shall be responsible for submitting a Tree mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. Tree mitigation shall be in addition to required landscaping mitigation. 24. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 25. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 26. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 27. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion / Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 28. Public improvement projects providing for pipe outlets for Ponds FP-8 and FP-9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 29. The grading and site plan shall be revised to reflect street grades below 6 percent on the collector roadway. 30. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 31. The internal roadway/service drive system of the site plan should be modified to reflect restriction of access to Lone Oak Road per Dakota County requirements. 32. At time of subdivision approvals, this development shall accept the City's determination of responsibility and per acre costs for mitigative traffic improvements as identified in the Northeast Eagan Area Wide Traffic Study and provide payment of such costs to the City pursuant to an escrow agreement in a form acceptable to the City Attorney. 33. 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. 34. 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. 35. 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. 36. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. 37. 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 (in a form acceptable to the City Attorney). 38. 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. 39. 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. 40. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 41. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 42. The financial guarantee for landscaping shall be included in the Development Contract and shall not be released until two years after the date of City certified compliance. 9 Eagan City Council Meeting Minutes November 9, 2006 Page 7 FT 43. If any improvements are improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 44. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. RESOLUTION OF SUPPORT FOR CEDAR GROVE TRANSITBRT STATION CONCEPT PLAN City Administrator Hedges introduced this item regarding support for the Cedar Grove Transit/BRT Station concept plan. Community Development Director Hohenstein introduced Beverly Miller, MVTA who thanked the Council for consideration of the proposed concept plan. Theresa Olson, TKDA, made a presentation regarding the BRT station concept plan. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a resolution of support for the Cedar Grove TransitBRT Station Concept Plan. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE APPROVE SUBMITTAL OF LEGISLATION TO IMPROVE REPRESENTATION OF THE NOISE OVERSIGHT COMMUNITIES ON THE METROPOLITAN AIRPORTS COMMISSION City Administrator Hedges discussed proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. Jason Ziemer made a presentation regarding the proposed legislation. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:00 p.m. ADMINISTRATIVE AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to schedule a Special City Council meeting for Tuesday, November 21 at 4:00 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:05 p.m. 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, NIN 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. 10 Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Lieutenant- ACTION TO BE CONSIDERED: To approve the promotion of Roger New from Police Sergeant to Lieutenant. Item 2. Sergeant-- ACTION TO BE CONSIDERED: To approve the promotion of Steve Bolluyt from Police Detective to Sergeant. Item 3. Community Service Officer- ACTION TO BE CONSIDERED: At the November 9, 2006 City Council meeting, the hiring of a community service officer was approved contingent upon successful completion of required testing. Testing has been completed; the name of the new CSO is Paul Kuehnast. This item is informational only with no action required. Item 4. Health Insurance Provider-- ACTION TO BE CONSIDERED: To approve the retention of Blue Cross/Blue Shield as the City's health insurance provider for calendar year 2007. Item 5. Dental Insurance Provider-- ACTION TO BE CONSIDERED: To approve the retention of Delta Dental as the City's dental insurance provider for calendar year 2007. Agenda Information Memo November 21, 2006 Eagan City Council Meeting Item 6. VEBA & Flex Spending Plan Vendor-- ACTION TO BE CONSIDERED: To approve the retention of America's VEBA Solutions to perform the administration services for operation of the High DeductibleNEBA insurance plan and to administer the City's flexible spending plan for calendar year 2007. (Both teamsters, Clerical and Maintenance Units, accepted the insurance as proposed above through a one-year contract for 2007.) I2- Agenda Information Memo November 9, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 9, 2006 and November 16, 2006 as presented. ATTACHMENTS: • Check registers dated November 9, 2006 and November 16, 2006 are enclosed without page number. ~3 Agenda Memo November 21, 2006 Eagan City Council Meeting CONSENT AGENDA: D. Authorize City Treasurer to complete application to US Bank for issuance of purchasing (credit) cards. ACTION TO BE CONSIDERED: To authorize the City Treasurer to complete an application to US Bank for issuance of One Card VISA purchasing (credit) cards. FACTS: • The City has been using VISA purchasing cards through US Bank since 1999. US Bank has recently instituted a new One Card program (still VISA) that offers several advantages over the existing program: o The program is serviced locally (vs. North Dakota) o Account and card management can be performed online o Potential for cash rebate exists. The program was created in conjunction with the 4M Fund specifically for local government units with the anticipation that the pooled volume will eventually be sufficient to generate rebates. • As with the existing program, the One Card program is offered at no cost to the City. • No changes to the list of authorized purchasers are proposed. Approximately two dozen current employees have been issued a purchasing card under the City's purchasing card policy adopted in 1999. ATTACHMENTS: • The One Card Applicant Authorization and Execution is attached on page . J~ APPLICANT AUTHORIZATION AND EXECUTION By completing this One Card Program Application, Company acknowledges By signing below, each individual signing this Application in his or her and agrees that: (i) all information provided in this Application is true, capacity as an authorized signing officer of Company and not in his or her complete and accurate and Company has authority to provide such information personal capacity, certifies and warrants that: (a) all action required by and complete such Application; (ii) it requests that U.S. Bank establish a One Company's organizational documents to authorize the signer(s) to act on Card Program and Accounts in the name of Company and issue Cards to its behalf of Company in all actions taken under this Application and the Terms designated employees and representative in accordance with the Terms and and Conditions, including but not limited to, the authority to incur Debt on Conditions of this Application; (iii) U.S. Bank will review this Application and behalf of Company, has been taken; (b) each signer is empowered in the name may, at its sole discretion and at the terms imposed by it, grant such request, of and on behalf of Company to enter into all transactions contemplated in but that U.S. Bank is under no obligation to approve such Application; (iv) this Application; and (c) the signatures appearing on all supporting documents Company shall be bound by the Terms and Conditions contained herein; and of authority are authentic. Company has read, understood and agrees to all (v) U.S. Bank is authorized to investigate, obtain, and exchange reports and Terms and Conditions in this Application and U.S. Bank is entitled to act in information regarding this Application, any resulting accounts and the reliance upon the authorizations and certifications set forth in this Application. authorized officer executing this Application, with credit reporting agencies, and others with legitimate business need for such reports or information. If V In witness whereof, Company has, by its duly authorized signer, executed this Application is approved by U.S. Bank, at its own discretion, Company this Application and agrees to the Terms and Conditions. As signer, I have acknowledges and agrees that the Terms and Conditions attached to this read this Application and have authority to bind Company and agree with Application, with the Application information, shall constitute the Terms and the Terms and Conditions, individually and on behalf of Company. Conditions of the Agreement between Company and U.S. Bank, which shall become effective on the Effective Date as referenced in the Terms and Conditions. Dated this day of , 200_ by: Company certifies to U.S. Bank that the person executing this Application is authorized by Company in accordance with its organization rules and applicable law to bind the Company to the Terms and Conditions of this Application, including the authority to incur debt in the name of the Company. Customer Company certifies that the signer's authorization to bind the Company and incur debt in the name of the Company is evidenced by the following: Signature ❑ The signer is an officer as indicated on Company's SEC 10-K Form (no additional information needed). Printed Name of Authorized Individual ❑ The signer is an officer of the Company and is acting in his or her capacity as an agent of the Company. Furthermore, the signer represents Printed Title of Authorized Individual and warrants that he or she is duly authorized by an applicable Bylaw, Article or other Corporate Authority to enter into transactions of this nature. Company represents and warrants that this transaction is within Second Signature (if required by the company's organizational guidelines) the scope of the normal course of business and does not require further authorization for the Company to be duly bound by this Agreement. (no additional information needed unless requested). Printed Name of Authorized Individual If one of the above boxes cannot be checked, or if in the opinion of U.S. Bank's Credit Department further proof of authority is necessary Printed Title of Authorized Individual customer must provide a Corporate Certificate of Authority that complies with Company's Articles of Organization or Bylaws. Once completed, please check box below and submit original document along with this application. ❑ Company has completed the U.S. Bank Corporate Certificate of Authority (attach copy of completed Certificate). FOR U.S. BANK USE ONLY Please attach a copy of Personal Guarantee if required for lending purposes. DATE of OFAC Searched by Banker's Employee ID Treasury Management Employee ID IPM AM CPS Sales Contact Name Billing Type Approved: Association Selected for Program: ❑ Biweekly Billing Cycle ❑ Visa ❑ Monthly Billing Cycle: Central Billing ❑ Master Card ❑ Monthly Billing Cycle: Central Billing and Individual Billing ! 15 Agenda Memo November 21, 2006 Eagan City Council Meeting E. CONSIDER APPROVING 2007 FUNDING APPLICATION TO DAKOTA COUNTY FOR THE COMMUNITY LANDFILL ABATEMENT FUNDS ACTION TO BE CONSIDERED: Approve the submission of the 2007 Funding Application from Dakota County to operate a Recycling Program for the cities of Eagan, Apple Valley and Burnsville FACTS: • Dakota County has funds available annually to help constituent cities promote and operate Landfill Abatement (Recycling) Programs. • The Cities of Burnsville, Eagan, and Apple Valley formed a partnership (Dakota Valley Recycling) that combined their recycling program efforts in June of 2003. • Staff has prepared one application for all three cities, which will be submitted to Dakota County to fund the program in 2007. • The application for the Community Landfill Abatement Program follows Dakota County solid waste guidelines and recommendations. • The total proposed Landfill Abatement Program request from Dakota County for 2007 is $135,900. There are three major elements to this budget request: I . Base level funding for the Recycling Program. Dakota County has set their maximum share for this part of the budget at $126,900. 2. Local Negotiated Initiatives. Dakota County is offering additional money for projects that support the Dakota County Solid Waste Master Plan outcomes. Dakota Valley Recycling is applying for $9,000 to fund one project (Decision Makers Sustainability Survey). There are no matching funds required for the Negotiated Initiatives. 3. Enhanced services are program costs above and beyond what is funded by Dakota County. The proposal includes supplemental funding from the City of Burnsville in the amount of $13,500 to pay for services specific to the City of Burnsville. The City of Burnsville budgets for these services out of their Landfill Host Fee fund. These services include administering the hauler licensing program in Burnsville, coordinating the Household Hazardous Waste Collection event, and coordinating the Spring Appliance/Electronics Collection. Additional or Enhanced Services shall be performed for the Cities of Eagan and Apple Valley as requested on a "pay as you go" basis. The Community Landfill Abatement Application, Budget and the 2007 Work Plan will be available in the City Administrator's office should Council Members wish to review them. ATTACHMENTS: • None. I~ Agenda Memo November 21, 2006 Regular City Council Meeting CONSENT AGENDA F. PREMISE PERMIT RENEWALS FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ACTION TO BE CONSIDERED: Approve Premise Permit renewal for Mendota Heights Athletic Association to conduct pull- tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda de Los Lobos, 3665 Sibley Memorial Highway. FACTS: • The Mendota Heights Athletic Association has applied with the Minnesota Gambling Board for the renewal of their premise permits at Valley Lounge and LaFonda de Los Lobos. • Mendota Heights Athletic Association has operated pull-tab operations in the City of Eagan since 1998. • Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: • The proposed resolutions are attached as pages - "1 • The application is available for review in the Administration Department. I~ RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON VALLEY LOUNGE PREMISES WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board premise permit renewal for the year 2007 for the Valley Lounge, 3385 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for a premise permit renewal for the year 2003 at the Valley Lounge, 3385 Sibley Memorial Highway. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: It's Mayor Those in Favor: All Those Against: None Attest: It's Clerk Date: November 21, 2006 CERTIFICATION 1, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6`" day of December, 2004. Maria Petersen, City Clerk I~ RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE.PERMIT RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON LAFONDA DE LOS LOBOS PROPERTY WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board premise permit renewal for the year 2007 for the LaFonda de Los Lobos, 3665 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for a premise permit renewal for the year 2003 at the LaFonda de Los Lobos, 3665 Sibley Memorial Highway. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: It's Mayor Those in Favor: All Those Against: None Attest: It's Clerk Date: November 21, 2006 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6t" day of December, 2004. Maria Petersen, City Clerk 19. Agenda Memo November 21, 2006 Regular City Council Meeting CONSENT AGENDA G. PREMISE PERMIT FOR BURNSVILLE HOCKEY CLUB ACTION TO BE CONSIDERED: Approve Premise Permit for Burnsville Hockey Club to conduct pull-tab operations at Timeout Restaurant and Sports Bar, 2864 Highway 55. FACTS: • The Burnsville Hockey Club has applied with the Minnesota Gambling Board for a premise permit to conduct pull-tab operations at Timeout Restaurant and Sports Bar, 2864 Highway 55. • Burnsville Hockey Club has complied with requirements of the City Code to operate in the City of Eagan. • The application has been reviewed by the Police Department, • Staff deems the application in order for approval. ATTACHMENTS: • The proposed resolution is attached as page 2~ . • The application is available for review in the Administration Department. ~v RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR BURNSVILLE HOCKEY CLUB ON TIMEOUT RESTAURANT AND SPORTS BAR PROPERTY WHEREAS, the Burnsville Hockey Club has applied for a gambling control board premise permit for the year 2007 for the Timeout Restaurant and Sports Bar, 2864 Highway 55, and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Burnsville Hockey Club application for a premise permit for the year 2007 at the Timeout Restaurant and Sports Bar, 2864 Highway 55. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: It's Mayor Those in Favor: All Those Against: None Attest: It's Clerk Date: November 21, 2006 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of December, 2004. Maria Petersen, City Clerk 21 Agenda Information Memo November 21, 2006 Eagan City Council Meeting H. PROJECT 946, THOMAS CENTER DRIVE - STREET IMPROVEMENTS THOMAS LAKE ROAD - TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 946, Thomas Center Drive - Street Improvements/ Thomas Lake Road Trail Improvements and schedule a public hearing to be held on December 19, 2006. FACTS: • A structural mill and overlay of Thomas Center Drive, from Thomas Lake Road to Cliff Road, in south-central Eagan is programmed for 2007 in the City of Eagan's 5- Year CIP (2007-2011). • The installation of a bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, is also programmed for 2007 in the City of Eagan's 5-Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 2-1 Agenda Information Memo November 21, 2006 Eagan City Council Meeting 1. PROJECT 948, WESTBURY ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. FACTS: • On June 6, 2006 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of streets within Westbury Addition, south of Westcott Road and west of Lexington Avenue. • A structural mill and overlay of these streets is programmed for 2007 in the City of Eagan's 5-Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~3 Agenda Information Memo November 21, 2006 Eagan City Council Meeting J. PROJECT 949, LEXINGTON SQUARE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. FACTS: • On June 6, 2006 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of streets within Lexington Square Addition, south of Westcott Road and east of Lexington Avenue. • A structural mill and overlay of these streets is programmed for 2007 in the City of Eagan's 5-Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 2q Agenda Information Memo November 21, 2006 Eagan City Council Meeting K. PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-22465-030- 01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four- lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the temporary easement for this property initially indicated a value of about $4,250. An offer was accordingly forwarded to the property owner. • The property owner incurred legal fees for review of the associated appraisal and easement documents. These legal fees were not included in the offer. Therefore, the property owner requested additional compensation for these expenses. • In order to settle and avoid additional costs in attorney fees and commissioner's hearings, the appraiser has suggested a revised offer of $5,250 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-22465-030-01, Lot 3, Block 1 Eagan Pointe, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 2-5 Agenda Memo November 21, 2006 City Council Meeting L. AMEND THE COMMERCIAL / INDUSTRIAL PARK DEDICATION FEES BASED ON RECENT LEGISLATIVE CHANGES ACTION TO BE CONSIDERED: To approve an amendment to the method of calculating Park Dedication for Commercial/Industrial developments, consistent with recent Legislation. FACTS- • Recent Legislation requires a consistent and justifiable approach to determining the amount of park dedication, be it cash or land, required of a developer. As result, the City Attorney has advised that aspects of the current City dedication process be amended • Currently, City park dedication for residential developments is determined through a formula that includes an "acres per person" constant while the Commercial/Industrial calculation is based upon "net buildable acres". • The amended formula is modeled after examples, provided by the City Attorney, of the method used in several other neighboring municipalities, and is based upon the same "acres per person" constant used in calculating dedication for residential developments in the City, with credit given for the non-resident status of potential employees. • In most instances, depending upon the development application, the amended method of calculation will result in the amount of dedication being slightly more, but occasionally less, than that resulting from the current use of "net buildable acres". • The amended method of calculation can be used for determining a dedication of either cash or land. • The City Attorney and Advisory Park and Recreation Commission have reviewed the proposed amendment. ATTACHMENTS (1) • APrC write-up; pages to L 2~ Date: November 14, 2006 Agenda Item: IX.A; Commercial Park Dedication Fee Modification a City of ICJ'na a ll Action X I I la MEMO Attachments AGENDA ITEM: IX. A; COMMERCIAL PARK DEDICATION FEE MODIFICATION TO: ADVISORY PARKS COMMISSION PREPARED BY: JULI SEYDELL JOHNSON, DIRECTOR OF PARKS & RECREATION ITEM OVERVIEW: Consideration of an alternative method of calculating park dedication for new developments considered as Commercial/Industrial BACKGROUND/HISTORY: When evaluating a development proposal the City has the option of requiring that park and trail dedication be satisfied through a cash payment, in lieu of a land dedication. The method of calculating a cash dedication for all non-residential developments is based upon a formula that incorporates estimated land value and numerical factors derived from park acres per 100 users and persons per unit. In contrast, the dedication amount for Commercial/Industrial developments has been calculated based upon "net acres" a measurement of what is considered usable space. In light of new legislation requiring that municipalities utilize a measurable and consistent method of determining cash dedications, the City Attorney has recommended that the formula used to determine Commercial/Industrial dedication be modified to incorporate a quantitative calculation versus qualitative. The method may also be used to determine the amount of a land dedication ANALYSIS: One method suggested by the City Attorney is that used by the City of Apple Valley. It creates a numerical representation of the impact that a Commercial/Industrial development may have on park and recreational facilities. The calculation is based upon a number of factors including; 1. The average number of persons/employees per 1000 square feet of building • Suggested for Industrial = 1 person per 1000 square feet • Suggested for Commercial office) = 3 persons per 1000 square feet 5 2-7 2. A "person (resident) equivalency" which assumes that a person working at the building may be a non-resident and therefore demand or require fewer park services as compared to a resident. Use of park and recreational facilities/services may be limited to occasional trail use, picnicking and employee ball games. • Suggested equivalency = .5 (1/2) 3. A land factor that estimates, per person, the amount of park land needed to achieve the level of park service established by the City. • Suggested standard =.012 acres per person (Based upon the current Eagan standard of providing 12 acres per 100 residents = .012 acres per person) AV uses .0095 4. The value of the undeveloped land. Eagan has opted to use the value established by the County for tax purposes rather than a more volatile comparable sales method. Examples; Commercial; 3 x 0.5 x 0.012 x $96,500 = $ 1737 per 1000 square feet of building (AV @ $1846) (1) (2) (3) (4) Industrial 1 x 0.5 x 0.012 x $78,800 = $473 per 1000 square feet of building (AV @ $624) (1) (2) (3) (4) (1) = Average persons per 1000 square feet (2) = Resident equivalency (3) = Acres of park land per person (4) = Land value Comparison; Assume a 1 acre Commercial property with a proposed 5000 square foot building /up to 30 % coverage is allowed ( 43560 x 30% = 13,000) Cash dedication under current system/calculated per net acre; 1 acre any easements and Right of Way (example) = .9 net acres x $6,080 = $5,472 6 Cash dedication under proposed system/calculated per 1000 square feet of building 5000 square feet / 1000 = 5 x $1737 = $ 8,685 Notes; The area of the building is calculated on total square footage, not simply the foot print. Each floor of a multiple story building would be included. Should it be desirable to accept land in lieu of cash dedication an area calculation would be made using the acres per person value of. 012 and the prorated equivalency for an employee versus a resident. ALTERNATIVES FOR COMMISSION CONSIDERATION: 1) Recommend that the method used to calculate a Park Dedication for Commercial/Industrial developments be modified so as to be based upon the square footage and estimated employee occupancy of a building. The calculation shall be described as; Cash (A x B x C x D) x (total sq footage/1000) = Dedication Description (A)Average number of persons per 1000 square feet x (B)Resident equivalency x (C) A per person land factor x (D)Land value per County assessed values Rate per 1000 square feet of building x (total sq. footage/ 1000) = Cash Dedication Amount Values (A) = 1 for Industrial development = 3 for Commercial/Retail Office (B) = 0.5 (1/2) (C) = 0.012 acres (D) = TBD Land (A x B x CJ = Land Dedication Equivalent in acres 2) Recommend no change at this time 3) Recommend other method 7 z~ Agenda Information Memo November 21, 2006, Eagan City Council Meeting M. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2007 ACTION TO BE CONSIDERED: To approve the renewals of existing liquor licenses for 2007, subject to review of applications, payment of fees and Police Department reviews. FACTS: ➢ The liquor license renewals for the year 2007 include the following: (16) off-sale liquor (28) on-sale liquor (26 restaurants and 2 hotels = 28 total) (6) on-sale wine and beer (8) on-sale beer (14) off-sale beer (1) brew pub off-sale malt liquor (1) sports/convention facility ➢ These renewals are in the process of completion and should be approved subject to review and recommendation by the Eagan Police Department, payment of fees and submittal of required documents. ATTACHMENTS (1): 2 Liquor license renewals on pages N through~3 . r C) r W 3 N °ts N m m N N 0 Y a) a) 0 o r ao U 0 0 a) a) O a) " > o a~ m of > CU C: :t-- Lo ma0~ 0a o m CU C m QQ > 0 C~°Qcn 0 0~ 0 0 00 rw- 0 m Leo N Cep = o m Y voi O D M c (D a) 2° ow,tm ~m o0 a)0YU cYU 0 W om a) 0 ~c E v ma>OCCO~~ -j c>c33c m a) o L o m p m a) m= m O O M JUF- mav)UU>- JdJUUU } in>- H~->- OO'l~Ornrl- MO~1- N0)CD LO LO LO 0)co 00co Ln O 00 LO CO M m r CA ~ ti co N m m CO N CO co M~ CO 'IT N M N N r N M r OI-T N r CO M O Ln y CO M'-t cM N V- N M r LO t r r N M r r r r CO r N r r r r r r C v d J V ` J d O m ad a) v as a~ C LO Z' ` O L - co 7 CL :3 z (n 06 m 0 J 0 tS OL m` O Q Q N= O Q J y -o =3 J 06 fn 06 0 N~ C- E :3 OC O J C a) N 7 `O 06 CD =3 :3 N m O 6 E Y S O C CY S a) C i O CL N U) U a ` J or C O p 1~ N `p N 06 a' C N 0 m 3: N U)) C p m w U 0`-i `p U 0 Y d O CD D H V U a) Ug 6•~ J N N --00.OQ Y m m m a) a) o C6 -j ~ H a) (u m O M O E E21 QaommmmUUUW d(Af- U2w Zu)U) U C C,j C 6 (n E 0 E 0 m m - CL m ` V C O O Z C J m Z O O - rn C c U N C i W C W (D U) m 0 :3 c o a) (D O m e U a) w C 0 rn U _ E 7 J U G 2 C U U J T . 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Lu o >.>LcoVQQQQ m a~ O > / y LL m m F' N O to 0 to L L L L n + M CM 75 Y U N a) O Y 'lA .N .N d o a) a) N O O c > C L U N 7 a) 7 0 0 3 M M co ❑ ca N 7 7 7 7 N 0 02 a E aCQ~ U==YOOOawcncncncn(n C7 a) a) E J E J J J J J t0 Z J Z J J J J Z N c U U N N C c U U U U cn ~ N U U U (1) 'v> a) a) a) a) in aci o ciU w 4) a) ccccc E E E E a) v 06 a) (1) U c to v j o o u (n ui ~j 0 Q Q Q Q J v J a J- C t Z ( c N N N o L.6 6 Q a a a O (D 0 0 D ( 7 o m = = J m m cn cn in C11 (n to cn ` c= c j V) U) a.L L.~ oU c>o m m c>u U N a c 3 co C: a) a) LU a) c o c f a) a) rn LU mHUUULLJ rn N N N N %4 rn V c cn a v a Y c c c 0 u= m m > c 0 0 3 3 3 3❑m aaaa ❑ ❑ a a U)> cn2ue-I -~W(ntntncntn U ,35 Agenda Information Memo November 21, 2006 Eagan City Council Meeting N. REQUEST FOR EXENDED HOURS OF OPERATION SPRINTNEXTEL ANTENNAE REPAIR - SPERRY WATER TOWER ACTION TO BE CONSIDERED: Approve extended hours of construction operations for SPRINTNEXTEL on the Sperry Water Tower to include 1-5 a.m. on December 1 & 2, 2006. FACTS: • SPRINTNEXTEL currently has 12 antenna panels on the Sperry Water Tower. They need to switch out 6 of their existing panels and reposition 6 others. Their system at this location currently feeds a repeater system for Northwest Airlines and they are limited as to when they can turn the system off. • While the work itself is not noise intrusive, it will require the use of a boom truck with lights to access the panels attached to the water tower. They expect to complete the work in one evening (Dec. 1), but have requested the second night as a back up for the unknown. • This work has been reviewed by the Public Works Utility Division and found to be in order for favorable Council consideration. ISSUES: • The Sperry Water Tower is located across Towerview Rd from the Timberwood Townhome development. While it is not anticipated that there will be any significant/noticeable impact to this residential area, the work is programmed for a weekend evening to minimize any possible conflict with a work/school night. Agenda Information Memo November 21, 2006 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 ASSESSMENT PUBLIC HEARING ACTION TO BE CONSIDERED: NO ACTION REQUIRED; The Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 - Street Reconstruction and Overlay) public hearing has been rescheduled to be held on December 4, 2006. FACTS: • Project 877 provided for a street improvement of the north one mile of Lexington Avenue (County State Aid Highway 43). The northern third was reconstructed and realigned when I-35E was built in 1983 and needed a maintenance surface mill and overlay as part of the project. The middle segment was over 35 years old with significant distresses and did not meet County structural design standards. This segment required a full reconstruction with new concrete curb and gutter. The southern segment was fully reconstructed in 1993 with the upgrade of the Lone Oak Road intersection and needed a surface mill and overlay. • The City was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any reconstruction (i.e. middle section) and all new trail installations. The City's policy for financing this obligation is to levy a special assessment against the adjacent properties benefiting from these street upgrade improvements. The trail improvement is not assessable and will be financed from the City's Major Street and Trail Fund. • This project, constructed under Contract 04-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • On October 17, 2006, the final assessment roll was presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. A public hearing was scheduled for November 21, 2006. • On November 9, 2006, the City Council rescheduled the public hearing to be held on December 4, 2006. 35 Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. PROJ 942, DEERWOOD DRIVE (BLACKHAWK TO PILOT KNOB RD) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 942 (Deerwood Drive, Blackhawk Road to Pilot Knob Road - Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fifteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of Deerwood Drive (Blackhawk Road to Pilot Knob Road) has been programmed for 2007 in the City's 5-Year Capital Improvement Program. • On June 6, 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of this portion of Deerwood Drive. • The project also provides for narrowing of Deerwood Drive at established pedestrian crosswalks at the Riverton Avenue and Rocky Lane/School entrance intersections, providing for safer pedestrian access. • On October 17, 2006, the feasibility report for Project 942 was presented to the City Council and a Public Hearing was scheduled for November 21 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 16 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 98 total properties (24 single-family, 70 townhome, and 4 public facility) proposed to be assessed under this improvement, eleven property owners representing ten properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages3 !through W • Informational Meeting Minutes & Attendees, pages(oI and Q02- 3( i 0 ty of Ea an Report for Deerwood Drive Neighborhood Street Revitalization City Project No. 942 November, 2006 J 3~ 401~ City of Eapn Pat Geagan November 16, 2006 MAYOR Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Meg Tilley Re: Deerwood Drive (Blackhawk to Pilot Knob Road) Street Revitalization City Project No. 942 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Deerwood Drive Street Revitalization, City Project No.942. 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 john P. Gorder, P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FACILITY Minnesota. 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone / John P. Gorder 651.675.5360 fax Date: Reg. No. 22813 651.454.8535 TDD Reviewed By: www.cityofeagan.com Dept. of Public ks Date: Reviewed -y THE LONE OAK TREE Finance Dept. Date: The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................1 Scope 2 Feasibility and Recommendations ..............................................................................3 Street Evaluation 3 Proposed Improvements ..........................................................................................4 Easements/Permits 5 Cost Estimate 5 Assessments 6 Low Density Residential (Single-Family & Townhome) 6 Public Facility ............................................................................................6 Assessment Financing Options 6 Revenue Source 7 Project Schedule ....................................................................................................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2A/B/C Street Improvement/Assessment Area Map - 3 Typical Section - Overlay November 2006 Neighborhood Street Revitalization Deerwood Drive Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 1.3 miles of 48' wide Deerwood Drive, from Blackhawk Road to Pilot Knob Road, in central Eagan is identified for the 2007 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. Deerwood Drive was constructed in stages between 1980 and 1986, as part of adjacent development, and in conjunction with the construction of I- 35E in the early 1980's. There have also been various utility excavations and patching along this 3 roadway which have accelerated the overall deterioration of the pavement. 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 this roadway, which is mainly in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Deerwood Drive 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 Deerwood Drive was crack sealed in 1990 and seal coated in 1992, and seal coated again in 2000. Spot seal coating and patching has also occurred in the past few years. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 1.3 miles of roadway. Figures 2A/B/C, located in Appendix C, illustrates the project area. Included in this project is the replacement of the damaged curb & gutter and sidewalk/ trail, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, pedestrian ramps, the construction of a concrete entrance apron, and traffic-calming pedestrian safety improvements. Deerwood Drive P ..c 4k - 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 the street. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 - 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 --100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 3 5 Reconstruct This portion of Deerwood Drive has a current pavement condition rating of 57 which falls in the lower limits of the "Routine Maintenance/Crack Seal/Seal Coat" category, mostly because of the preparatory maintenance performed by City crews mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if Deerwood Drive Fa-e 3 4`2- no improvements are performed. Therefore, the 2007 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 Pavement - The proposed street improvements are shown in _ .r Figure 3. The existing street section consists of 4'/2 bituminous pavement supported by 10" gravel base and granular sub grade material. The existing bituminous ` surface will be edge-milled to accommodate a 11/2-inch bituminous overlay. The overlay, combined with the ` existing street section, will provide a street section` consistent with current City standards for a collector street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter/ sidewalk/ trail - Damaged curb & gutter and sidewalk/ trail will be replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail that is replaced: either a new 2' wide roll of sod adjacent to residential property or seeded with turf grass in areas away from residential properties. While the contractor who performs the work is responsible for turf establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod, where possible, to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents Deerwood Drive Page 4 ( - 1'~) prior to this construction activity. After the 30-day establishment period, the City will be responsible for growth of the seeded turfgrass areas. 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 FM two feet in length across the width of all pedestrian ramps.''` } t This project provides for the installation of truncated dome w pedestrian ramps on the concrete Y' sidewalks and bituminous paths on local intersecting streets. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Traffic-calming/ pedestrian safety - "Chevron" pavement markings intended as a traffic-calming measure were installed on Deerwood Drive between Blackhawk Road and Riverton Avenue in 1997. These markings have had no affect on travel speeds on Deer-wood Drive. In lieu of the chevron markings, it is proposed to narrow the traveled roadway (from 48 feet to 24 feet) in two areas Deerwood Drive Page with existing pedestrian crosswalks, at Riverton Avenue and at Rocky Lane. This type of street narrowing has reduced vehicle speeds and provided added pedestrian safety in similar applications throughout the region and within the City. Driveway Replacement -The Dakota Electric power substation (1760 Deerwood Drive) property was constructed with a bituminous driveway entrance and is proposed to be replaced with a concrete driveway apron consistent with current City standards to accommodate the heavy truck traffic to the substation. The entrance will be reconstructed with a 7-thick concrete entrance apron. This driveway entrance replacement provides an entrance of adequate strength and width and is consistent with similar past projects in similar areas throughout the City. 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. Deerwood Drive is a municipal state aid collector route, and therefore, Minnesota Department of Transportation State Aid plan approval of construction plans will be required. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Full Width Mill and Overlay W/ Signage & Striping $ 245,620 • Repair Ex. Concrete C & G/ Sidewalk/ Trail/ Traffic Calm $ 100,310 • Concrete Entrance Apron $ 6,700 Total Project Cost $352,630 Deerwood Drive Page 6 4_5 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3)* 50% 50% • Public Facility 75% 25% Repair Existing Concrete Curb and Gutter 0% 100% Driveway Replacement 100% 0% *A 32/48 street width ratio is used to calculate the assessment for low-density properties on collector streets. Deerwood Drive 4~ Low Density Residential - Single-Family Lots (R-1) - All single-family residential equivalent properties having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for low- density residential properties (R-1, R-2, R-3). The estimated cost per residential lot to be assessed based on the City Assessment Policy is $679 per Single Family Lot and is calculated as follows: 1) % Single-Family Residential (R1,2,3) = 2,531 f.f. / 12,742 (total ff.) = 19.9% 2) [$245,620 (Mill & Overlay Cost) x 50% x (32/48) x 19.9%] _ $16,290 [Total Single- Family Residential Assessment (R-1, 2, 3)] 3) $16,290 Total Single Family Residential Assessment) 4 $679/ lot 24 Equivalent Single Family Residential Lots Low Density Residential - Townhome Lots (R-2, R-3) - All townhome residential properties (Deerwood Townhomes and Woodstone Townhomes) having private street access on to Deerwood Drive are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable to these residential properties (R-2, R-3). The estimated cost per townhome residential lot to be assessed based on the City Assessment Policy is $156 per Lot and is calculated as follows: 1) % Townhome Residential (R2,3) = 1,693 ff. / 12,742 (total ff.) = 13.3% 2) [$245,620 (Mill & Overlay Cost) x 50% x (32/48) x 13.3%] _ $10,890 [Total Townhome Residential Assessment (R2, 3)] 3) $10,890 (Total Townhome Residential Assessment) 4 $156/ lot 70 Townhome Residential Lots Deerwood Drive Public Facility - All public facility properties (Dakota Electric substation, Blackhawk/ Deerwood Schools, and the AT& T cell tower site) having direct access on to Deerwood Drive are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for these properties. The estimated cost per front foot to be assessed based on the City Assessment Policy is $13.27/ Front Foot and is calculated as follows: 1) % Public Facility = 2,214 f.£ / 12,742 (total f.f.) = 17.4% 2) [$245,620 (Mill & Overlay Cost) x 75% x (44/48) x 17.4%] _ $29,380 [Total Public Facility Assessment] 3) $29,380 (Total Public Facility Assessment) 4 $13.27/ F.F. 2,214 Public Facility F.F. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $679 Principal Interest Cost Per Year Per Year Per Year First Year $136 $37 $173 Fifth Year $136 $ 8 $144 Townhome Lot = $156 Principal Interest Cost Per Year Per Year Per Year First Year $31 $9 $40 Fifth Year $31 $2 $33 Deerwood Drive Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill & Overlay/ Signs $245,620 $56,560 ($189,060) Repair Existing Curb $100,310 -0- ($100,310) Conc. Entrance Apron $6,700 $6,700 -0- Totals $352,630 $63,260 ($289,370) The City's Major Street Fund will finance the estimated project deficit of $289,370 (83% of total). Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ..........................................................October 17, 2006 Neighborhood Meeting ......................................................................November 16, 2006 Public Hearing ......................................................................November 21, 2006 MnDOT - Approval of Plans and Specifications January, 2007 City Council - Approval of Plans and Specifications January, 2007 Award Contract February, 2007 Project Completion August 1, 2007 Final Cost Report September, 2007 Final Assessment Hearing Fall, 2007 First Payment Due with Property Tax Statement ..................................May 15, 2008 Deerwood Drive 1~ ;4q' Appendix A -Street Overlay - City Project No. 942 Preliminary Cost Estimate Deerwood Dr. Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,500.00 $2,500 Ede Mill Bituminous Pavement S.Y. 8,600 $1.25 $10,750 Type 2350/60 Wear Course Mixture Ton 3,200 $40.00 $128,000 Bituminous Material for Tack Coat Gal. 1700 $2.00 $3,400 Adjust Water Valve Box - Riser Adjustment Each 14 $75.00 $1,050 Repair Valve To Section Each 4 $275.00 $1,020 Adjust Frame & Ring Casting (Manhole) Each 4 $360.00 $1,440 R & R Frame & Ring Casting (Manhole) Each 9 $500.00 $4,500 MH Riser Installation Each 6 $140.00 $840 Traffic Control L.S. 1 $3,000.00 $3,000 Replace Traffic & Street Signs L.S. 1 $9,200.00 $9,200 Chevron Pattern White Striping L.F. 720 $2.00 $1,440 4-Inch White Striping L.F. 12,800 $0.50 $6,400 4-Inch Double Yellow Striping L.F. 6,400 $1.00 $6,400 Subtotal $179,940 + 5% Contingencies $9,000 Subtotal $188,940 + 30% Indirect Costs $56,680 TOTAL $245,620 Concrete Curb & Gutter/ Sidewalk/ Trail/ Traffic Calming Est. Unit Est. Item Unit Qty. Price Cost Remove Concrete Valley Gutter S.Y. 40 $10.00 $ 400 Remove Concrete Sidewalk S.F. 300 $5.00 $ 1,500 Remove Concrete Curb and Gutter L.F. 1,400 $6.00 $ 8,400 Remove Bituminous Pavement S.Y. 500 $5.00 $ 2,500 13618 Concrete Curb and Gutter L.F. 1,200 $16.00 $19,200 D412 Concrete Curb and Gutter L.F. 200 $15.00 $ 3,000 7" Concrete Valle Gutter S.Y. 40 $50.00 $ 2,000 Adjust Frame & Ring Casting (C.B) Each 24 $200.00 $ 4,800 R & R Frame & Ring Casting (C.B) Each 1 $550.00 $ 550 12"RCP Catch Basin Leads L.F. 50 $50.00 $ 2,500 5~ 11 Catch Basin w/ Casting Each 6 $1,000.00 $ 6,000 Sod w/To soil S.Y. 220 $10.00 $ 2,200 Street Patching Ton 100 $70.00 $ 7,000 Bituminous Driveway Patching S.Y. 60 $24.00 $ 1,440 Truncated Dome Warnin Paver (2' x 2') Each 45 $120.00 $ 5,400 4" Concrete Sidewalk S.F. 300 $5.00 $ 1,500 4" Conc Ped Ram w/ Wet Cast for Trun. Dom S.F. 1200 $4.25 $ 5,100 Subtotal $73,490 + 5% Contingencies $3,670 Subtotal $77,160 + 30% Indirect Costs $23,150 TOTAL $100;310 Driveway Entrance Replacement Est. Unit Est. Item Unit Qty- Price Cost Driveway Entrance Replacement S.Y. 70 $70.00 $4,900 Subtotal $4,900 + 5% Contingencies $250 Subtotal $5,150 + 30% Indirect Costs $1,550 Total - Driveway $6,700 TOTAL PROJECT COST $352,630 12 51 Appendix B - City Project No. 942 Preliminary Assessment Roll Deerwood Drive Street Overlay P.I.N. Lot Unit E uivalent Assessment Total Parcel (Single Famil Cedar Grove No. 8 1749 Deerwood Dr. 10-16707-120-10 1 $679 $679 1745 Deerwood Dr. 10-16707-110-10 1 $679 $679 1741 Deerwood Dr. 10-16707-100-10 1 $679 $679 1737 Deerwood Dr. 10-16707-090-10 1 $679 $679 1733 Deerwood Dr. 10-16707-080-10 1 $679 $679 1729 Deerwood Dr. 10-16707-070-10 1 $679 $679 1725 Deerwood Dr. 10-16707-060-10 1 $679 $679 1721 Deerwood Dr. 10-16707-050-10 1 $679 $679 1717 Deerwood Dr. 10-16707-040-10 1 $679 $679 1713 Deerwood Dr. 10-16707-030-10 1 $679 $679 1709 Deerwood Dr. 10-16707-020-10 1 $679 $679 Subtotal 11 $7,470 En stroms Deerwood 2nd Addition 1452 Deerwood Dr. 10-23901-010-01 1 $679 $679 1448 Deerwood Dr. 10-23901-020-01 1 $679 $679 1444 Deerwood Dr. 10-23901-030-01 1 $679 $679 1440 Deerwood Dr. 10-23901-040-01 1 $679 $679 Subtotal 4 $2,720 Deerhawk Addition Block 1 1746 Deerwood Dr. 10-19910-030-01 1 $679 $679 1742 Deerwood Dr. 10-19910-040-01 1 $679 $679 1738 Deerwood Dr. 10-19910-050-01 1 $679 $679 Subtotal 3 $2,040 Oak Ridge Acres 1st Addition 1724 Deerwood Dr. 10-53700-010-01 1 $679 $679 1718 Deerwood Dr. 10-53700-020-01 1 $679 $679 1712 Deerwood Dr. 10-53700-030-01 1 $679 $679 1706 Deerwood Dr. 10-53700-040-01 1 $679 $679 1700 Deerwood Dr. 10-53700-050-01 1 $679 $679 Subtotal 5 $3,600 13 Section 21 Township 27 Range 23 1545 Deerwood Dr. 10-02100-020-08 1 $679 $679 Subtotal 1 $679 Parcel (Townhomes W/ Private Street Access to Deerwood Drive Woodstone Townhomes 1540 Stonewood Ln. 10-84900-010-01 1 $156 $156 1538 Stonewood Ln. 10-84900-020-01 1 $156 $156 1536 Stonewood Ln. 10-84900-030-01 1 $156 $156 1534 Stonewood Ln. 10-84900-040-01 1 $156 $156 1539 Stonewood Ln. 10-84900-340-01 1 $156 $156 1537 Stonewood Ln. 10-84900-330-01 1 $156 $156 1535 Stonewood Ln. 10-84900-320-01 1 $156 $156 1533 Stonewood Ln. 10-84900-310-01 1 $156 $156 1488 Deerwood Bend 10-84900-300-01 1 $156 $156 1490 Deerwood Bend 10-84900-290-01 1 $156 $156 1492 Woodstone Circle 10-84900-280-01 1 $156 $156 1494 Woodstone Circle 10-84900-270-01 1 $156 $156 1496 Woodstone Circle 10-84900-260-01 1 $156 $156 1498 Woodstone Circle 10-84900-250-01 1 $156 $156 1500 Deerwood Bend 10-84900-240-01 1 $156 $156 1502 Deerwood Bend 10-84900-230-01 1 $156 $156 1504 Deerwood Bend 10-84900-220-01 1 $156 $156 1506 Deerwood Bend 10-84900-210-01 1 $156 $156 1508 Deerwood Bend 10-84900-200-01 1 $156 $156 1510 Deerwood Bend 10-84900-190-01 1 $156 $156 1512 Deerwood Bend 10-84900-180-01 1 $156 $156 1514 Deerwood Bend 10-84900-170-01 1 $156 $156 1516 Deerwood Bend 10-84900-160-01 1 $156 $156 1518 Deerwood Bend 10-84900-150-01 1 $156 $156 1520 Deerwood Bend 10-84900-140-01 1 $156 $156 1522 Deerwood Bend 10-84900-130-01 1 $156 $156 1511 Deerwood Bend 10-84900-120-01 1 $156 $156 1513 Deerwood Bend 10-84900-110-01 1 $156 $156 1517 Deerwood Bend 10-84900-100-01 1 $156 $156 1519 Deerwood Bend 10-84900-090-01 1 $156 $156 1523 Deerwood Bend 10-84901-020-01 1 $156 $156 1525 Deerwood Bend 10-84901-010-01 1 $156 $156 1527 Deerwood Bend 10-84900-060-01 1 $156 $156 53 14 1529 Deerwood Bend 10-84900-050-01 1 $156 $156 Subtotal 34 $5,300 Deerwood Townhomes 3992 Fawn Way 10-20201-040-02 1 $156 $156 3990 Fawn Way 10-20201-030-02 1 $156 $156 3988 Fawn Way 10-20200-200-01 1 $156 $156 3986 Fawn Way 10-20200-190-01 1 $156 $156 1551 Antler Point 10-20200-180-01 1 $156 $156 1553 Antler Point 10-20200-170-01 1 $156 $156 1555 Antler Point 10-20200-160-01 1 $156 $156 1557 Antler Point 10-20200-150-01 1 $156 $156 1559 Antler Point 10-20200-140-01 1 $156 $156 1561 Antler Point 10-20200-130-01 1 $156 $156 1563 Antler Point 10-20200-120-01 1 $156 $156 1565 Antler Point 10-20200-110-01 1 $156 $156 1567 Antler Point 10-20200-100-01 1 $156 $156 1569 Antler Point 10-20200-090-01 1 $156 $156 1571 Antler Point 10-20200-080-01 1 $156 $156 1573 Antler Point 10-20200-070-01 1 $156 $156 1575 Antler Point 10-20200-060-01 1 $156 $156 1577 Antler Point 10-20200-050-01 1 $156 $156 1579 Antler Point 10-20200-040-01 1 $156 $156 1581 Antler Point 10-20200-030-01 1 $156 $156 1583 Antler Point 10-20200-020-01 1 $156 $156 1585 Antler Point 10-20200-010-01 1 $156 $156 1587 Antler Point 10-20201-020-01 1 $156 $156 1589 Antler Point 10-20201-010-01 1 $156 $156 1588 Antler Point 10-20200-300-01 1 $156 $156 1586 Antler Point 10-20200-290-01 1 $156 $156 1584 Antler Point 10-20200-280-01 1 $156 $156 1582 Antler Point 10-20200-270-01 1 $156 $156 1572 Antler Point 10-20200-260-01 1 $156 $156 1570 Antler Point 10-20200-250-01 1 $156 $156 1568 Antler Point 10-20200-240-01 1 $156 $156 1566 Antler Point 10-20200-230-01 1 $156 $156 3985 Fawn Way 10-20200-220-01 1 $156 $156 3987 Fawn Way 10-20200-210-01 1 $156 $156 3989 Fawn Way 10-20201-020-02 1 $156 $156 3991 Fawn Way 10-20201-010-02 1 $156 $156 Subtotal 36 $5,620 15 ,5q Parcel Public Facilities Deerwood School 2nd Addition 1530 Deerwood Dr. 10-20001-010-01 891 $13.27 $11,820 1480 Deerwood Dr. 10-20000-010-01 430 $13.27 $5,610 Subtotal 1,321 $17,530 Section 20 Township 2 Range 23 1760 Deerwood Dr. (DEA) 10-02000-020-75 264 $13.27 $3,500 Concrete Driveway $6,700 Subtotal 264 $10,200 1620 Deerwood Dr. 10-02100-012-50 629 $13.27 $8,350 Subtotal 629 $8,350 TOTAL ASSESSMENTS $63,260 TOTALS Single - Family 24 Lots 2,531 F.F. Townhomes 70 Lots (1,693 F.F) Public Facilities 4 Parcels (2,214 F.F. 16 Jar ~ 1 ~J Q a M a o l~J z z O z X o rL LLJ 3 W a z M4RICE DR. (U g RIVER BUKF DDR D NOitWEST PRDMEIJ~DE PL. GT. i CE~URV YANKEE DOODLE ROAD ~TPN(EE PL M1M1 DR. TpNJ ~J m a z w w 0 DUCKWOOD DR. ti -'Y BELL RD. a WEc Project Location ca i F- ~P umi ~ SSE Q I--* _ O H DEERWOOD DRIVE (D K a W O J co O z Y DIFFLEY ROAD ~O Y p J_ > U ~ a > W T a z o _ z K Y o U S m e~y ~O WIIDEPNESE RUN RD. b Deerwood Drive Street Improvements City of Ea~all Location Map - Project 942 5~) Fig. 1 Engineering Department r~ N L co LL I cu E C LL Z C O No J z o 1 0 ~ ~ • cB c N to - m* t i i 3 N y a _ 'BA'V UOJAMIZj O Q nr i 1 Q L~ / N N CO (D _ 7 N ~x~ t° Imo. ~ -147 LD LL / et~?a r cO r - - 40, 1 E n 11 p~o~j ~nney~~e19 -o i )oSl ~ c c;.~ ~ ' 3 •L M, 1 T cpp ? O •i O Lj- CL cu E m U- L £sn nsl _ c (D sss~ J 3 O~ assn 1 ~ CL • o ors G i • 1 • 'yam • ~ • ~ - / rpm ~ 1~766~ „•~j ~ ~ / V~ s~° 156a o e dp - - aa) N i a • > ~6f 15 0 c, O Q 1\ o c~ V c 04 i vl~ C) a X ~m f x U CIVO?A. 80N~i iolid o LL cu 2:7 jp Of 4 H 7 s sue'- - - _ T 1 • T 3 ~ fi ' k t. peo}~ sjaddry~ ,ti Ysr ° a O LLJ " r . YMr r•: .-o., Y-- .fit N a. ~4y ~ rl U ~s~ iz I ~h o _ `Q _O 4P * s<., ~OSI 1 7" I- ~oo.~~~ ,~zG a 1 m w ROW VARIES 48' (F-F) 3" BITUMINOUS SURFACE EX. D412 & B618 6" CL. 5 AGGREGATE BASE CURB & GUTTER Existing Typical Section ROW VARIES 48' (F-F) EDGE MILL (6'-8' wide) Typ. 11/2" TYPE 41 BITUMINOUS OVERLAY REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 10-16-06 City of Ea~~~ Deerwood Drive Fig. 3 Typical Sections _ Project 949 Engineering Department CITY PROJECT NO 942 DEERWOOD DRIVE STREET IMPROVEMENTS THURSDAY, NOVEMBER 16, 2006 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer; 11 persons representing 10 properties (see attached sign-in sheet). A. Welcome/ Introduction Assistant City Engineer Gorder welcomed the residents, and gave a presentation on the proposed improvements, including the proposed road narrowing for traffic-calming and pedestrian safety. B. Questions/Comments Most of the discussion and questions were regarding the speed of traffic on Deerwood Drive in the 30 MPH zone between Riverton Avenue and Blackhawk Road. Residents in attendance believe Deerwood Drive is used as a bypass for Yankee Doodle and Diffley Roads because it has no traffic control (stop signs, signals) to impede traffic. Also, truck traffic is a concern. Gorder explained that cross-traffic on Deerwood Drive does not warrant stop signs or signals with intersecting streets, and that Deerwood is designed to accommodate truck traffic. The speed limit should be lowered and enforced more stringently. Gorder explained that speed limits are based on the pace of traffic that uses the roadway, and are set by the MN Department of Transportation. Also, lowering of speed limits have little effect, if any, of the speed of traffic. The enforcement of speed limits is limited due to Police personnel availability and priority. The Police Department enforces the speed limit when a violation is observed. The consensus of the residents in attendance was that the proposed road narrowing at Riverton Avenue would have little effect on traffic speeds. They would prefer to see a radar- display speed sign, similar to the one that was recently installed on Denmark Avenue, to help control speeds. Gorder indicated that a radar display speed sign may be appropriate, and would consult with the City Transportation Engineer regarding the placement of one near Riverton. More information regarding this issue will be provided at the public hearing. Something should be done regarding pedestrian safety at Rocky Lane/ Deerwood/ school entrance. Staff believes that the proposed road narrowing there will provide increased pedestrian safety, as it will decrease the length of roadway to cross. The meeting adjourned at 7:30 p.m. NEIGHBORHOOD MEETING Deerwood Drive (Blackhawk Rd. - Pilot Knob Rd.) Project No. 942 City of Eapn Thursday, November 16, 2006 6:30 p.m. NAME ADDRESS 1. l~ i I h I~'JJ n9 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS/S IGN-IN. Sheet n~ Agenda Information Memo November 21, 2006 Eagan City Council Meeting C. PROJ 943, WESCOTT ROAD (PILOT KNOB RD TO DENMARK AVE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 943 (Wescott Road, Pilot Knob Road to Denmark Avenue - Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fifteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of Wescott Road (Pilot Knob Road to Denmark Avenue) has been programmed for 2007 in the City's 5-Year Capital Improvement Program. • On June 6, 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of this portion of Wescott Road. • On October 17, 2006, the feasibility report for Project 943 was presented to the City Council and a Public Hearing was scheduled for November 21 to formally present and discuss the report with the adjacent property owners. • Only two properties, the City Municipal Center and the County Library - Wescott, take direct access onto this portion of Wescott Road and are subject to assessment under this project. Through agreement with the County, the City is responsible for all special assessments associated with adjacent City public improvement projects. Because the only assessable property is the City's Municipal Center, an informational neighborhood meeting was not held. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, page through. (~3 Citi Of Report for Net hborh eScott ROad g OOd Stre City pro1eCt et Revita jizatio No, 943 n November, 2006 i 16, A HG , . l City of Eakan Pat Geagan November 17, 2006 MAYOR Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Meg Tilley Re: Wescott Road Street Revitalization COUNCIL MEMBERS City Project No. 943 Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Wescott Road, Pilot Knob Road to Denmark Avenue, Street Revitalization, City Project No. 943. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, ` 3830 Pilot Knob Road ~ Eagan, MN 55122-1810 ohn P. Gorder, P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FACILITY Minnesota. 3501 Coachman Point ~ ~i Eagan, MN 55122 l 651.675.5300 phone John P. Gorder 651.675.5360 fax Date: Reg. No. 22813 651.454.8535 TDD Reviewed By: www.cityofeagan.com` Dept. of Publi Works Date: Revie}?ve'd THE LONE OAK TREE Finance Dept. Date: The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................1 Scope 2 Feasibility and Recommendations ..............................................................................3 Street Evaluation 3 Proposed Improvements ..........................................................................................4 Easements/Permits 6 Cost Estimate 6 Assessments 6 Public Facility 7 Assessment Financing Options 7 Revenue Source 8 Project Schedule ....................................................................................................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - I Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay w November 2006 Street Revitalization Wescott Road Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 0.45 miles of 52' wide Wescott Road is identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The street was constructed from 1979 to 1982, as part of adjacent development. r a Wescott Road Page ] 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 (5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The street in the neighborhood was crack sealed in 1990 and then seal coated in 2000. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 0.45 miles of Wescott Road. Figure 2, located in Appendix C, illustrates the project area. Included in this project is the replacement of the damaged curb & gutter and sidewalk/ trail, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Wescott Road P, 2 (4~b Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride-ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 - 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in conjunction with other similar projects throughout the City. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 --100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct This portion of Wescott Road has a current pavement condition rating of 62 which falls in the lower limits of the "Routine Maintenance/Crack Seal/Seal Coat" category, mostly because of the preparatory maintenance performed by City crews mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age Wescott Road Page 3 where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2007 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 Pavement - The proposed street improvements are shown in , Figure 3. The existing street section consists of 4 1/2" bituminous pavement supported by 10" gravel base and granular sub grade material. The existing bituminous surface will be edge-milled adjacent to the existing curb and gutter (6-8' wide) to accommodate a 1 %2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a collector street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter / sidewalk/ trail- Damaged curb & gutter, sidewalk and trail will be replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail that is replaced: either a new Wescott Road Page 4 10 2' wide roll of sod adjacent to residential property or seeded with turf grass in areas away from residential properties. While the contractor who performs the work is responsible for turf establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod, where possible, to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. After the 30-day establishment period, the City will be responsible for growth of the seeded turfgrass areas. Signage - Traffic control and street identification signage within the project limits which have deteriorated support posts, diminished reflectivity, or no longer meeting City and State Standards will be replaced. Sidewalk/ Path Pedestrian Ramps - Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps on the concrete sidewalks and bituminous paths on local - intersecting streets..} R w; Example of a truncated dome pedestrian ramp Wescott Road Page 5 , 1 r. r 10/27/2005 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. Wescott Road is a municipal state aid collector route, and therefore, Minnesota Department of Transportation State Aid plan approval of construction plans will be required. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay w/ signage costs $ 102,640 • Repair Existing Concrete Curb & Gutter $ 17,730 Total Cost $ 120,370 Wescott Road pare 6 -1 2- 2- Assessments While the Dakota County - Wescott Library takes direct access to Wescott Road, no assessments to this property are proposed. A Joint Powers Agreement between the City and Dakota County provides for the City to pay any and all special assessments levied on the library property. The only remaining property that takes direct access to this portion of Wescott Road is the City Municipal Center. With the City responsible for all costs and direct access properties associated with this improvement, no assessments are proposed under this project. Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay w/ $102,640 -0- ($102,640) Si nage Repair Existing Curb $17,730 -0- ($17,730) Totals $ 120,370 -0- ($120,370) The City's Major Street Fund will finance the estimated project deficit of $120,370 (100% of total). Wescott Road rlt_C - 13 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing October 17, 2006 Public Hearing ......................................................................November 21, 2006 MnDOT - Approval of Plans and Specifications January, 2007 City Council - Approval of Plans and Specifications January, 2007 Award Contract February, 2007 Project Completion August 1, 2007 Final Cost Report September, 2007 Final Assessment Hearing Fall, 2007 First Payment Due with Property Tax Statement ..................................May 15, 2008 Wescott Road Appendix A -Street Overlay - City Project No. 943 Preliminary Cost Estimate Wescott Road Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 3200 $1.25 $4,000 Type 2350/60 Wear Course Mixture Ton 1300 $40.00 $52,000 Bituminous Material for Tack Coat Gal. 660 $1.50 $990 Replace Traffic & Street Signs L.S. 1 $4,500.00 $4,500 4-Inch White Striping L.F. 4,800 $0.50 $2,400 4-Inch Double Yellow Striping L.F. 4,800 $1.00 $4,800 12-Inch Yellow Striping L.F. 1,000 $2.00 $2,000 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $75,190 +5% Contingencies $3,760 Subtotal $78,950 +30% Indirect Costs $23,690 TOTAL $102,640 Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty. Price Cost Remove Concrete Sidewalk S.F. 250 $5.00 $1,250 Remove Bituminous Trail S.F. 400 $2.00 $800 Remove Concrete Valley Gutter S.Y. 30 $10.00 $300 Remove Concrete Curb and Gutter L.F. 150 $6.00 $900 B618 Concrete Curb and Gutter L.F. 150 $16.00 $2,400 7" Concrete Valley Gutter S.Y. 30 $50.00 $1,500 Adjust Frame & Ring Casting (C.B) Each 4 $200.00 $800 Sod w/Topsoil S.Y. 40 $10.00 $400 Bituminous Trail Patching S.F. 50 $100.00 $500 Bituminous Street Patching Ton 20 $70.00 $1,400 Bituminous Driveway Patching S.Y. 20 $24.00 $480 4" Concrete Sidewalk Patch S.F. 250 $5.00 $1,250 Truncated Dome - Warning Paver (2'x2') Each 4 $150.00 $600 T5 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 90 $4.50 $410 Subtotal $12,990 +5% Contingencies $650 Subtotal $13,640 + 30% Indirect Costs $4,090 Total Curb & Gutter $17,730 TOTAL PROJECT COST $120,370 76~ l^\ rbR~D~ry,D~ ~ U u A O w O / Z = Y h O x a. LU YANKEE DOODLE ROAD ui Y d' a z w 0 DUCKWOOD 7DR_ Project Location ROAD WESCOTT CITY HALL P w pA ~y Z DEERWOOD DR, O X M ARK ~ Z F- IROAD DIFFLEY ROAD DIFFLEY Q ~ Y i Z 0 Z F 2 O a 0 rc Ym c W,~EpyE55 Rl RD. Wl(pERNESs 10/24/05 Wescott Road Street Improvement *City of Ea~811 Location Map - Project 943 Fig. 1 Engineering Department 77 LL ~ f \ c L a i ILL: c r - , 4i ~ T~ i S a 1i 'T-, to 1 ~ I' •~Te~1'y ~ J ..1 1 c 4 - - 70 CY) (Q J•. ~ a ry U I 1 G ~ Cl) wYC ~ 1 Z~ +l• s ~"~-SF~•r~ "w ~ 1` d1 -J ~I peon gout'{ }off d r r _ 7t I 60' ROW 48' (F-F) 3" BITUMINOUS SURFACE EX. D412 CURB 6" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 48' (F-F) EDGE MILL (6'-8' wide) Typ. 11/2" WEAR COURSE BITUMINOUS OVERLAY REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 10-16-06 Wescott Fig. 3 City of Ea~laIl Road Engineering Department Typical Sections -Project 943 Agenda Memo November 21, 2006 City Council Meeting OLD BUSINESS A. RECEIVE AND APPROVE THE PATRICK EAGAN PARK MASTER PLAN. ACTION TO BE CONSIDERED: To receive and approve the Patrick Eagan Park Master Plan. FACTS • The development of a master plan for Patrick Eagan Park was part of the Council approved CIP for 2006. • The primary focus for the consultant was to identify the resources that are contained within the park, develop a maintenance strategy, define potential opportunities that might be considered by the city in the short and long term, and help to create a vision that will allow this park to remain natural but invite pedestrian access and enjoyment. • In addition to reviewing the physical inventory of the site the consultants were asked to meet with various stakeholder groups and host public meetings to obtain input from interested citizens. Several meetings were held that included the following participants: o Friends of Patrick Eagan Park o Caponi Art Park Representatives o Eagan Art House Board o Multiple meetings with the APrC and the Ad-Hoc sub-committee of the APrC assigned to work closely with the consultant and staff. o August 24 and October 19 public meetings to solicit input from the community. Notices of the public meetings were mailed directly to all residents immediately surrounding Patrick Eagan Park to ensure that they were all aware of the master plan review and were given the opportunity to comment. • Following several meetings with the Advisory Parks Commission and some community groups the consultant presented the initial concept plan and solicited input from the City Council at a workshop on August 29. • The consultant took the feedback from the Council, citizens, staff and Advisory Commission to create a final draft. The final draft maintained the integrity of the feedback received from all interested parties and that was to maintain the natural integrity of this park but allow for passive use. • The final draft and guiding principals was presented on cable TV, was available on the City's website for several weeks and was presented at an additional public meeting on October 19 to ensure that residents had several opportunities to review and respond to the plan. (to • While there were several questions about the plan initially, the consultants responded to the overwhelming desire to maintain the integrity of the site as natural as possible and the feedback on the final plan from residents has been very positive. • The process to consider the future of Patrick Eagan Park was very in-depth and met the initial goals of maintaining the natural integrity of the park while providing a way to invite the public in to enjoy its beauty. • Another component of the master plan project was to develop criteria for the potential acquisition of future park property. That part of the project is nearing completion and will be presented to the City Council at a later date for consideration and potential acceptance. ATTACHMENTS: Copy of the Patrick Eagan Master Plan is attached without page number. Agenda Information Memo November 21, 2006, Eagan City Council Meeting A. PRELIMINARY SUBDIVISION (DEWITT ADDITION) - RICHARD DEWITT ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of 0.69 acres to create two single family lots for property located at 2804 Vilas Lane in the NW/4 of Section 3, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The proposed lots meet the subdivision and R-1 zoning district requirements. ➢ The applicant is requesting approval of a subdivision to create two single family lots. ➢ A single family home is present in the central portion of the site and will remain after subdivision. ➢ The development density is 2.9 units per acre. ➢ The property is located on the border of Noise Zone 3 and Noise Zone 4. ➢ Access into the new lot is proposed from Vilas Lane. The driveway access for the existing home is from Vilas Lane and is proposed to remain the same. ➢ The Advisory Planning Commission held a Public Hearing on October 24, 2006 and is recommending approval. ISSUES: ➢ Neighbors at the public hearing stated concern with the size of the lots. 120 DAY AGENCY ACTION DEADLINE: January 30, 2007 ATTACHMENTS (3): Draft APC minutes on pages through 90 Staff report on pagesSL5 through 01 . Correspondence from neighbors on pages 107- through . MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA October 24, 2006 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 24, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hanson, Members Chavez, Keeley, Feller, Jensen, Heaney, Zoberi, and Dugan. Also present were, City Planner Mike Ridley, Planner Sarah Schield, Planner Pam Dudziak, City Attorney Bob Bauer, City Engineer Russ Mathis, and Recording Secretary Camille Worley. AGENDA Member Heaney moved, Member Keeley seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 7-0. September 19, 2006, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Zoberi moved, Member Keeley seconded a motion to approve the September 19, 2006, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS New Business A. De Witt Addition Applicant Name: Marketlink Realty Location: 2804 Vilas Lane; Lot 1, Block 8, Country Home Heights Application: Preliminary Subdivision A Preliminary Subdivision of approximately 0.69 acres to create 2 single family lots. File Number: 03-PS-16-09-06 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated October 18, 2006. She noted the background, history and amended conditions. Chair Hansen opened the public hearing. Glen Hintz, 2844 Beam Lane stated the notice of public hearing was not mailed to the entire Country Home Heights neighborhood. He stated concern for future lot splits if the application is approved. He stated concern for the potential increase in homes in the neighborhood. Scott Gambill, 2830 Vilas Lane stated concern for the size of the property and stated the property will be crowed with another single family home. Mary Harrison, 2811 Beam Lane explained that there is a covenant on the property prohibiting subdivision and stated the entire neighborhood was not notified of the public hearing. Michelle Mitchell-Miller, 2830 Vilas Lane stated the importance of keeping the sense of community which strongly exists in the neighborhood. Richard De Witt explained why he requested the lot split. He explained the specifics of the property and explained that most likely only one other lot could be split. He stated this is an opportunity to have a new quality home added to the neighborhood, adding value. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. City Planner Mike Ridley addressed the concern of public hearing notification, density of the neighborhood, and configuration of the proposed lot. City Attorney Bob Bauer addressed the issue of possible covenants existing on area properties. He stated that covenants are typically private agreements and not subject to City involvement. Member Chavez moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision (DeWitt Addition) to create two single family lots, on property located at 2804 Vilas Lane subject to the following conditions as amended: 1. The property shall be platted. 2. This development shall be responsible for a cash park dedication. 3. This development shall be responsible for a cash trails dedication. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 6. Grading for the house construction on Lot 2 shall be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). 7. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2006 (Revised) CASE: 03-PS-16-09-06 APPLICANT: Richard DeWitt HEARING DATE: October 24, 2006 PROPERTY OWNER: Same APPLICATION DATE: October 3, 2006 REQUEST: Preliminary Subdivision PREPARED BY: Sarah Schield LOCATION: 2804 Vilas Lane COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision of 0.69 acres to create two single family lots for property located at 2804 Vilas Lane in the NW 1/4 of Section 3. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. Planning Report - DeWitt Addition October 24, 2006 Page 2 _ 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." BACKGROUND/HISTORY The subject property was platted in 1949 as Lot 1, Block 8, Country Home Heights. EXISTING CONDITIONS There is a single family home present on the central portion of the 0.7 acre lot. A shed is located on the northeastern portion of the lot. Planning Report - DeWitt Addition October 24, 2006 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Office Park Planned Development Business Park South Single Family home Single Family Low Density Residential Residential East Single family home Single Family Low Density Residential Residential West Single family home Single Family Low Density Residential Residential EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded with residential uses except for the Office Park to the north. The office park is separated from the subject parcel by Avalon Avenue. An additional single family home appears compatible with the surrounding area. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property on the border of Noise Zone 3 and Noise Zone 4. The site is located approximately two miles southeast of the parallel runways at SMP, adjacent to primary arrival and departure flight tracks for those runways. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it is anticipated that infill single-family residential will be a conditional use within Zone 3 and also Zone 4. Within this area, infill single family residential developments would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 87 Planning Report - DeWitt Addition October 24, 2006 Page 4 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 2.2 miles southeast of the nearest runway at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north- south runway. At current traffic levels, the airport handles approximately 530,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately 3 miles from the engine maintenance and run up area (Issues #3, 4 and 8). Updated policy contours are expected to be available and adopted in the near future. However, until that time, regional policy dictates that cities continue to utilize the last officially adopted noise policy contours. If the City determines that findings concerning these conditions support the approval of this application for in-fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (Issue #5). The City identifies the contours based upon the contours on its Zoning Map and Land Use Map (Issue #6). Densit - The subject site is guided Low Density Residential 0-4 units/acre. The proposed subdivision will result in a density of 2.9 units/acre. The proposed density complies with the Guide Plan. Lots Proposed Lot 1 is 18,518 square feet and proposed Lot 2 is 12,000 square feet. The existing single family home will remain on Lot 1 with the subdivision. R-1 single family residential zoning district requires 12,000 square feet per lot and at least 85 feet width. Lot 1 and Lot 2 meet these lot requirements. Planning Report - DeWitt Addition October 24, 2006 Page 5 Setbacks - Standard R-1 setbacks apply to this subdivision. The principal structure shall be 30 feet from any public right-of-way, 10 feet from the side property line and 15 feet from the rear property line. Any accessory structure shall maintain a five foot setback to the side and rear and a 30 foot setback to any public right-of-way. The existing shed on Lot 1 does not meet the 30 foot setback from Avalon Avenue but is a legal non-conforming structure. The subdivision meets the necessary setbacks. Grading/ Erosion Control - The preliminary grading plan is acceptable. The site is lightly wooded and generally slopes to the west. The proposed grades for the new house and driveway on Lot 2 generally match the existing grades. The proposed grades on the south side of Lot 2 are shown to impact existing trees on the adjacent property. Grading for the house construction on Lot 2 should be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). Utilities - The preliminary utility plan is acceptable. The existing house on Lot 1 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water mains of sufficient size, depth and capacity are available within Vilas Lane for service connection for proposed Lot 2. The sanitary sewer and water main service work for Lot 2 will require the removal and replacement of a portion of the Vilas Lane street section. Streets/ Access/ Circulation - The driveway access for the existing house on Lot 1 will remain onto Vilas Lane, and access to Lot 2 is also proposed onto Vilas Lane. Easements/ Permits/ Right-of-Way - The construction of the sanitary sewer and water services to the proposed house on Lot 2 will require a City permit to work in the right-of-way of Vilas Lane. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk R1 $1,120/ Lot 1 Lot $1,120.00 Sanitary Sewer Lateral R1 $27.60/F.F. 35 F.F. $966.00 Water Trunk R1 $1,170/ Lot 1 Lot $1,170.00 Water Lateral R1 $27.85/ F.F. 132 F.F. $3,676.2 Total $6,932.20 Parks and Recreation - This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lot. 8!3 Planning Report - DeWitt Addition October 24, 2006 Page 6 Tree Preservation - An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. Wetlands/Water Quality - Due to the size and nature of this proposed residential subdivision, water quality ponding is not feasible. To meet the City's water quality requirements, therefore, a dedication of cash in lieu of ponding is appropriate for this development. There are no wetlands directly associated with this parcel. SUMMARY/CONCLUSION The subject site is currently developed with a single family home on the center of the property. The applicant is requesting to subdivide the site into two single family lots. As proposed, the lots will comply with R-1 standards and is consistent with low density residential. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (DeWitt Addition) to create two single family lots, on property located at 2804 Vilas Lane; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C1, D1, E1 and F1. 1. The property shall be platted. 2. This development shall be responsible for a cash park dedication. 3. This development shall be responsible for a cash trails dedication. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 6. Grading for the house construction on Lot 2 shall be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). 7. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. 8. The existing shed on proposed Lot 1 shall be relocated to meet required building setbacks. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ~'1 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing 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, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARDLON Eagan Boundary Right-of-way Parcel Area Location Map ~ Park Area - Building Footprint I I I I I I I I I TT INTERSTATE NW. N0. Y/ Subject Site O ~r~ rms. b t ~1 ~ r< ° 4 1 ~ • p 44 -w 16 • `ose4 ~ , 0 ~ ® 9® 4® - m rs sa r✓ a S v s of ! ' ' a 1 M ~ s ~ r ® o ~ O r 9 r g~ ® a e 1 3. 1 r ® 44 PC) lime E r ® a t9P ®ww®m. ~Ir • teP 7 m m 0• 0 d ®o 9: ~O pO 1000 0 1 00D 2000 Feet Development/Developer. De Witt Addition Application: Prelim Subdivision Case No.: 03-PS-16-09-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N pnq q by Dakota County Office of GIS and is current as of April 2005. City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY q3 w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Cammunny D.v.fopm•nt D.part-rit not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan DeWitt Addition Land Use Map Preliminary Subdivision 03-PS-16-09-06 Zoning Map PD T PD NB R- Current Zoning: R R-, 14 R I-, R-1 P Location Single Family Residential 4 0 a i R- Y o R- R•1 1-1 z 1.1 1-7 _ •1 1 RD u - L ca.a.1L so,2c Lowe o" "so) 0 o^n, c 1--7 A H k:al PD 600 0 600 7200 Fast oc 4 R- Comprehensive Guide Plan D/S BP IN Land Use Map / O/5 BP BP IND 771 Bp IND • D D Current Land Use Designation: D P P Location 0 a 0 a LD O Low Density Residential (0-4 units/acre) Y o BP D 6 IND 6 IN[ z i LD u D L BP D seal C 600 0 600 1200 Feet o■ / .iAM. N0.26 LON H RC. f Parcel base map information previdedby Dakota County Land Si y Departmert 0eember 21105. N V7Zoning information maintained byCity Statt 1-4f City of Eap 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. S > F E ~E_ • ~t t~j ~ 151l. FEt.Tf I ~ ; I - _ - E s' - 4 Q .y e1 {t.!!1 _ Ilili:i ! •~x ad - N d € 6 i' 2E ili~li f'(~ _ I I ~ I 1 - j~l• lF - _ _ 2 I i I Z B y S - i W m I I I m W ~ C~ = 5 a Q $ _ ~ ` Y g g~ g g~ g Y 2 y 5 ~ _ _ l z ~ a ~ ,s~F- 6 CF Z I I I I I -f Z W ' V t O M = e W ^ o y n ° i o z ¢ E 3~ y - 2 v g L v y g L~ g~$ ) r,r a m <ot s c _ nay MOO Cy- ~0.. Z Z na F < <Z qe e m of ~A `Ey' H ~e W" O_u nN eei ai'e ~4"~v$nm3~Eb Chi `c "3 sg~~ !i. Y SE z a~ =e 44: j u O e Z=. _ p p ` n F< Inc h O•~ H J M OC . i O O N • f F i a W M e- i 6 w j 1= ~'xi'~i I .re@7 0 I tt 1 ~1 Q r I II 1 i I z fEi .>aE~ * si ~.I.•.tns.eonss - •J {i n PRELIMINARY PLAT C _ N {1°i I''{i11S1~ f ~ I I~ I i - J ~ 3 -~E W - t~ ~3 {'`{{~~;s%1{# I I I I ~ I i~} ~ O~ t O 0 ~ p ~ O ! iir 1 i ~t{{i~~i1'• I I~ : I ~1~j E -.'o x 3 a ~i~itt!' pill =,i_' YLu f . §52 z < w F~r O> vt 7 .v 20<z~ F t gllg0 ~ eiF~ P B I~ o°i g ~F sl~pl(EblE:1t~F_ 41 - - ~3~yZ p ;A~ r15 11~rl y<o- Oz •°'31 O f~et~e~ s g f~ LLJ r.. spd src + r S LLJ ~ psis Lt 'r 1-VZ6 cl. I ~ ~Y!T a ts~ i i - :~A 1 a'G :s „~IP I° __026, ryh~ O~ asy is ~ N r _ ~,..mw^.IYJJ~ I -T I I fpm ~o J ! 2,C f s ~S ~~A u sts . I ; 's '~:e c d4 ~J D 1 i ' X7.5 'J I I I 1 ' ~ roc I 1 ~ rl ' j ~"'s ~tG @ I I I 1 ` ` 1 I -O~ I 1 6 0~~ _ .•r ~ s, 0 0 fe,~ ; .e'«' 1, l / f C 1 6' y, r clc e / 1 r C _ v^O/a Pa. k P ' n ~ J 8~C aLS LSO 6' :y' rr r F., q~ 9 GRADING PLAN c' z Y c Y °1111i1111111 IIIII 01111111111111111it1~~~•` Z 90 0 o o a a o° i l e a o o e a o a e o 0 o a o c A L!J L M C ~ 2 e ~ @ rt ~ e ~ ~ ~ ~ 7 9 m E m m S u° u 5€ 3 8 S= s L U Lij c 'I I S r4 I i ~ I +L 1 ~h I .L L 5 •a'a r - M L 1_. 1 .•4 ri • _ WeL. bl 1.u } i~ . g EXISTING CONDITIONS y T Aik _ _ - OF y try R ~T S H F 't 06 " s I GS #F t. IVA r - ppt, 1e * c ram s r~ ' - _ tom, , - ' _ - • a ,~.►a a. y{ t, + tt n - ~s~z r ` ' } e KI' W "I-., f r~S a IMR _Wp 1 u ; ~ +s S ~'C f)j 4 jof Please accept this submittal for a proposed lot split. We would like to make one residential 0.7 acre into two residential lots. The lots would be divided as follows, into one 0.4 acre lot and one 0.3 acre lot. We would like to do this as soon as possible. Enclosed are the necessary project plans plans to facilitate the city process. If there is anything that we can do to help, please let us know. Thanks. RECEIVED October 16, 2006 Dear Advisory Plapning Commission, I have recently been notified that a developer intends to subdivide a residential lot on my block, 2804 Vilas Lane, Lot 1, Block 8, Country Home Heights. The lot is currently owned by Richard De Witt who is not a resident, but a real estate broker. Mr. De Witt intends to sell the existing home and subdivide the lot to sell it with the intent for a buyer to build a new home. Mr. De Witt's intentions are obviously to profit as much as possible from this property. Mr. De Witt does not intend to live on this new lot, only to profit from it's potential sale, so any potential effects that a new home on this lot will have on the integrity of our neighborhood will not be felt by him. Our neighborhood is very unique in that it is a suburban setting yet the homes have large lots with mature trees, something hard to find in most suburbs these days. My wife and I along with our two children have lived in our home a little over three years. The main draw to this neighborhood was that it was a not a typical suburban neighborhood. Subdividing this lot and building a new home would create an eyesore to the neighborhood. This house would change the continuity of the homes in the neighborhood. Aside from the closer proximity it would have to the neighboring homes, it would also be about 30-40 years newer than most of the homes on the street. I cannot see any potential benefits to tearing up a beautiful, mature lot and building an additional home other than padding a real estate broker's pockets. Mr. De Witt does not live in our neighborhood, has never lived in our neighborhood and from the best of my knowledge, does not intent to live in our neighborhood, only to profit by tearing it up. I am asking that no future development be allowed in this neighborhood, specifically the proposed subdivision of 2804 Vilas Lane by Mr. De Witt. Sincerely, Matthew Eisenberg 2829 Vilas Lane Eagan, MN 55121 (651) 238-5911 V O D CT 17 2006 Letter of Concern: De Witt Subdivision of 2804 Vilas Lane, Lot 1, Block 8 October 15, 2006 Dear City of Eagan, The intent of this letter is to express my concern about the property subdivision of 2804 Vilas Lane, Lot 1, Block 8, which is owned by Richard De Witt. De Witt is currently selling the house on the property, and is now requesting to subdivide the lot to sell with the intent for new house construction. De Witt has no interest in preserving one of the few remaining Eagan neighborhoods with spacious yards, and is solely looking for ways to make more money - bottom line. My wife and two children have lived directly across from the lot for the past six years. In fact, our home is my childhood home that we purchased from my parents - so I have been a part of the neighborhood since 1965. We have always been attracted to this neighborhood because of the large lots, established homes and mature trees. A new construction house in the proposed lot will change the integrity of the neighborhood by having smaller lots, houses that are close in proximity and mature trees removed. The house on the current lot has not been inhabited since De Witt, a real estate broker, purchased the house last fall 2005. De Witt has no sense of the neighborhood and the reasons why we live here. He is clearly looking to make a profit and then move on to his next deal. I am asking that this neighborhood, specifically this house and lot across the street, be preserved to retain its beautiful setting. I have spoken to our neighbors who have the same concern, but I fear they may not speak up publicly. De Witt's motivation is purely monetary without any regard for the neighbors. Let's leave the neighborhood as it was originally intended. I am unable to attend the public hearing on Tuesday, October 24, due to a schedule conflict. Please accept this letter of concern in my absence. Regards, Patrick Black 2825 Vilas Lane Eagan, MN 55121 (651) 686-5615 p ~~LDWE D OCT 17 2006 NOV 0 7 2006 5 y - Fro %-n d vJ a,-(t b kavw\ e- G~J~ r~ ►'Y► ~ `a S ~ a. l ~uAai)Z~ \6 r7 Y e- re ` ~ ~v`1`i ~ avid (i` sic+ -14 )orO ~ L hA -~O O iiv^ Cwt ~~r7 5 ~ D A\,,A Q, rex~,Ao 4' o o A W 06a- CL "c\ nc visa YA c c1 i ~1 \ c, tp ~~v C,~c~Se~ 1~c r-~ z 1 1 -~o~a,~~y o~Pa ~ Cl- 1- ~\~G~nG~CII ~c.~.\(1. ~e GrC. h e co; d AV, e-, \5 (kY1 c:1GG'C ~J~'~T\7s~~ L(~5 GiY~ ,Cl,,f 'L ' CL ~.~~`ta\su bo~clt~oo~ In 'AP 1~ ~1aCncxre- no ~ru~5ec S~c~ke v~ ~b 1n~~me 1n~. 4i~ e 0 VJG~r.S C.1 ~2meA j ~t h a~ c,ad ~ ~h a ~eS~ed ~ ~ ~v~s wh~cln Q~es~r no-\ cry den -~-~~`r reSCC~~~{ ~ a 55 Vn (3,Y) (-10 seeLin nee hWcc~uo ~ oN y (5~ ;~e~ `r~~a'~Inoccl ~ee~,iv~c~~ st\nd ~v ~~tc~C c~~es~ A 'car c . \)Aje-t>A nC-A5 dC) I O~ Scott Gambill Michelle Mitchell-Miller 2830 Vilas Lane Eagan, MN 55121 October 18`h, 2006 Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 To whom it may concern: When my Wife Michelle and I decided to get married in 1999 we had a variety of considerations in choosing where we wished to reside and raise our family. I, after living in the heart of South Minneapolis for 10 years, was eager to move away from the traffic, crime, noise, and congestion of the inner-city. Michelle had also experience life in the big city and in 1998 had moved to a townhouse rental property in the northwest corner of Eagan in order to be nearer to her parents whom have lived in Eagan for over 40 years. Though Michelle was happy to find a home nearer to her parents, the congested, transient nature of her town house neighborhood was not a happy one. During her one year stay on Skyline Drive her experiences included acts of vandalism, an attempted break in, and several creepy encounters including one that involved a pizza delivery man and another involving a U.S. Postal worker. Her daughter who was six years old at the time was tied up and left in a garage by a teenage boy who also lived in the neighborhood. (Much of this can be confirmed I believe by checking police records or by contacting the regional postal inspector). Clearly our primary goal was to find a new home for our family that gave us room to grow, and to provide a safe enjoyable environment for our children to be raised in. These concerns have only grown in recent years. Our most recent addition to our family, Jonnie, born in 2001, was diagnosed with Autism Spectrum Disorder several years ago. This has magnified our concern about safety. We now rely on our neighbors, who we know and trust, to help keep a special eye out for him. C: ; 3 2006 When the "for sale" sign went up at 2830 Vilas we were elated. The property was less than a city block from Michelle's parent's home at 2844 Beam Lane, where Michelle had grown up. Many of the neighbors were lifetime residents and remembered her from when she was a little girl. The lots were large, wooded, and traffic was light in spite of the ongoing commercial and industrial development that continues to occur in the areas North, East and West of the Country Home Park Neighborhood. After we moved in, we became aware that we were not alone in our attraction to the neighborhood. We found that several of our neighbors too had been residents of Country Home Park as children and had moved back to raise there own families. In other words, the neighborhood is now beginning to be populated by a second generation, who like ourselves, wish to raise their children who perhaps someday may become third generation residents. This is something that in this day and age is unheard of and the value of which goes far beyond the dollars and cents of real estate development. We are opposed to the request by Mr. Richard DeWitt to be granted a subdivision of the property he owns at 2804 Vilas Lane for many reasons: As I mentioned, before I held the same residence in South Minneapolis for 10 years and have personally witness how a neighborhood can decline over a long period of time. The process of deterioration is a gradual one that often begins by seemingly harmless individual events. We believe that his plan to build a second home on the lot for resale, if allowed to go through, would invite other developers into the neighborhood with similar plans. This would not only reduce the average lot size and the median home value in the neighborhood, affecting existing home owner property values, but also would increase traffic, noise congestion and crime to one of the oldest neighborhoods in the city of Eagan, and ultimately turn the name "Country Home Park" into an oxymoron. We do not know all of the details related to Mr. De Witt's purchase of the property in question. We do know that the prior owners all but abandoned the home, in the fall of 20051 leaving the title to Mr. De Witt at what we assume was an extremely attractive price. At that time we also assumed that his plan was simply do some repairs, landscaping, and remodeling, and then sell the property for a profit; an investment strategy that you would expect given the booming real estate market at that time. Unfortunately the residential real estate market cycle soured and both new and existing home sales are now in decline in many parts of the country. I ~ Our concern is that Mr. De Witt is now stuck with a property that he never intended to live on, in a market in which he can't sell, and is trying to change his plan in order to maintain his profit goal. If this is indeed the case we can sympathize with Mr. De Witt's situation, but we do not believe he should now be relying on the benevolence of the Eagan Planning Commission in order to extract himself from a failed real estate speculation leaving it to the life time residence of Country Home Park to bear to the social, esthetic and financial burdens. *Sm ely, 1 U Gamb ill l~ October 24, 2006 Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Case No. 03-PS-16-09-06 Preliminary Subdivision of 2804 Vilas Lane, Lot 1, Block 8, Country Home Heights My husband and I have lived in Country Home Heights since December, 1962. One of the reasons we moved here was because the lots were all large, around an acre each. We wanted to have a large yard and to have more space between neighbors. I know that others in the neighborhood moved here for the same reason. If Richard De Witt is allowed to subdivide his property and put up another house it would change the whole neighborhood and not for the better. It would open the door for others to do the same. As other homes are sold, the new owners might buy them just so they could subdivide and add additional houses. The whole concept of open spaces will change, bringing in more congestion with more houses and people. Our daughter, son-in-law and family live right next door to the property under consideration and they are also very upset about the idea of another house going up so close to their lot. From what I understand, Richard De Witt will not be living in the house that is already there so it wouldn't concern him if the houses were so close to each other. He would be able to get more money and live somewhere else. Please consider the concerns of the other residents of Country Home Heights and vote no to his request for subdivision of his .69 acres. Thank you. Sincerely, Elsie Hintz 2844 Beam Lane Eagan, MN 55121 G J l~ OCT 2-4,2006 ~ n l~ RECEIVE N0V " 2.006 LBY 2975 Egan Ave Eagan, MN 55121 Monday, November 13, 2006 Eagan City Council 3830 Pilot Knob Rd Eagan, MN 55122 re: petition to sub-divide lot at the comer of Avalon Ave and Vilas Lane Count me in the group opposed to the sub-division of lots in this neighborhood. Folks in this neighborhood moved here, in part, to avoid high-density living conditions. Thank you, Larry ilson 2975 gan Ave I~~ Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve Modifications to Chapter 11 as it affects window signage 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: ➢ At the direction of the City Council, Planning staff worked with the Advisory Planning Commission (APC) in 2005 to study possible changes in the regulation of temporary signs to add regulations for window signage. ➢ The topics were discussed at several workshops and the APC hosted a neighborhood meeting to take input on the draft proposal from the Chamber of Commerce and a number of local businesses people. The draft window sign language was modified several times based on comments from the Chamber and local business. ➢ The City Council adopted the amendment on June 21, 2005. ➢ While prospective window sign regulations were included in the communications distributed in 2005, a number of businesses indicated that they were not aware of the actual consequences of the code amendment for their businesses until the 2006 correspondence outlined the process for compliance with the amended ordinance. ➢ In response to the concerns raised, the City Council took input from the business community at a workshop meeting on March 14, 2006. At that time, the Council directed the formation of a Task Force (made up of two members each of the City Council and APC, a chamber rep. and several local business owners) to revisit the window sign provisions that had been adopted in 2005 to consider recommendations for retaining and/or modifying the requirements. ➢ The Task Force completed their work in July and the City Council accepted the report at their special meeting on September 14, 2006. ➢ The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of October 24, 2006. I~ ISSUES: ➢ Although not directed as part of the study, the Task Force did discuss the long standing requirement of no more than 20% of any building fagade being covered with signage and whether or not window signage would fall into that same calculation. The Task Force was unable to reach consensus on that issue. ➢ The APC unanimously supported maintaining the 20% maximum coverage for all signage, regardless of whether the signage was on a wall or window. ATTACHMENTS: (3) Draft October 24, 2006 APC Minutes on pages ( (0 through r17. Staff Memo outlining the history and the Task Force recommended modifications on pages 113 through 115. Correspondence on page 1 1 CP 4. City of Ema To: Chair Hansen and Advisory Planning Commission Members From: Mike Ridley, City Planner Date: October 17, 2006 Subject: Ordinance Amendment - Window Signage Background Prior to the efforts listed below, the City of Eagan did not regulate window signage in any way and window signage was not counted toward allowed building signage. At the direction of the City Council, Planning staff worked with the Advisory Planning Commission (APC) in 2005 to study possible changes in the regulation of temporary signs to add regulations for window signage. Information regarding the potential changes was publicized by a number of means to solicit input from interested parties. The topics were discussed at several workshops and the APC hosted a neighborhood meeting to take input on the draft proposal from the Chamber of Commerce and a number of local businesses people. Due to comments received, the APC made changes to the draft amendment and a formal Public Hearing was held on April 26, 2005. Additional testimony was received from the Chamber and local businesses and the item was tabled so that additional modifications could be made in response to those Public Hearing comments. The APC ultimately recommended approval on May 24, 2005. The City Council adopted the ordinance amendment on June 21, 2005. In early 2006, City staff distributed a letter to business property owners advising them of the changes relative to window signage. At that time, City staff and the Chamber of Commerce received a number of questions and concerns regarding the implementation of the new regulations. While prospective window sign regulations were included in the communications distributed in 2005, a number of businesses indicated that they were not aware of the actual consequences of the code amendment for their businesses until the 2006 correspondence outlined the process for compliance with the amended ordinance. In response to the concerns raised, the City Council took input from the business community at a workshop meeting on March 14, 2006. At that time, the Council directed the formation of a Task Force (made up of two members each of the City Council and APC, a chamber rep. and several local business owners) to revisit the window sign -1- I'~ provisions that had been adopted in 2005 to consider recommendations for retaining and/or modifying the requirements. On September 14, 2006, the City Council received the recommendation of the Eagan Window Sign Task Force and directed consideration of the matter to the Advisory Planning Commission for a Public Hearing and consideration of an amendment of the City Code section regulating window signage Window Signage Amendment Through the 2005 process outlined above, the following standards were ultimately established and adopted for window signage: ➢ No window signage allowed in a "clear zone" between 4'-6' ➢ Window signage limited to 25% of total window/door area. ➢ Window signage would count towards the pre-existing standard of signage not exceeding 20% of any building fagade. The result of the Window Sign Task Force is bulleted below: ➢ Removal of 4-6' clear zone restriction - It was concluded that visibility into and out of businesses could be addressed through the percentage coverage without a 4-6' clear zone. ➢ Up to 60% window coverage - The group concluded compromising at 60% would balance the needs expressed by the participants. ➢ Window signs would be defined as a sign either applied to the inside surface of a window or within 18" of the window surface. The group concluded that a sign on the window or placed inside the business, but clearly visible through the window, would meet the definition of a sign. ➢ Grandfathering - The group agreed that some mechanism for grandfathering existing signage in excess of the 60% maximum should be developed. The City Attorney opined that a proposed implementation approach involving "exemptions" was possible for properties that currently exceed the 60% coverage with a phase out schedule under which all properties would need to come into conformance with the new standards within a set time period. The period of seven (7) years was recommended. ➢ Exemptions instead of permits - It appears that most businesses' existing signage would comply with the 60% coverage standard. That being the case, rather than implementing a permit process for a large number of businesses that already comply, the recommended approach is the exemption process for the much smaller number of businesses that cannot or wish not to comply in the short term. I The Task Force did not reach consensus on whether or not window signage should be counted towards the 20% maximum for wall signage. It was determined that that matter would be resolved during the subsequent APC and City Council process. Conclusion At its meeting on September 14, the Council concurred with the Task Force recommendation that the APC address this issue, noting that the 60% window sign standard applied to buildings that had large percentages of glass could cause the overall sign area to substantially exceed the 20% standard for wall signage. It was further noted, however, that of the businesses studied in the Task Force process, a relatively small number currently approach the 20% level when wall and window signage were considered together. One option suggested by the Council was a for the 20% standard for wall signage to include window signs, if a building's window area exceeded a certain percentage of the wall area. The Commission is asked to include a specific recommendation on this topic in its general action on the ordinance. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11 to establish standards for window signage. Please call me at 651-675-5650 if you have any questions. -3- 1 I' From: Jeff Karll [mailto:jkarll@tgt-insurance.com] Sent: Thursday, November 16, 2006 3:21 PM To: City Council Subject: Please support the sign ordinance task force recommendations. Jeff Karll Risk Consultant Trissel Graham & Toole 2600 Eagan Woods Dr. Suite 140 Ea an, MN 55121 C. Chapter 11- Window Signage Applicant Name: City of Eagan Application: Ordinance Amendment An Ordinance Amendment to the Sign Ordinance in Chapter 11 to modify standards relative to window signage. File Number: 01-OR-07-10-06 City Planner Ridley introduced this item and highlighted the information presented in the October 17, 2006 memorandum entitled Ordinance Amendment - Window Signage. Member Hansen discussed his experience with the task force on this matter and stated the existing ordinance was reviewed and concerns were heard. He stated a fair compromise has been reached to meet the expressed needs. Chair Hansen opened the public hearing. Ruthe Batulis, Chamber president, complimented the task force and the process they used to come to this compromise. She stated several issues were brought forward with input from 75 businesses. She urged the Advisory Planning Commission to approve the ordinance. John Curlee, Curlee Insurance, complimented the City Council, APC and staff and stated support for the ordinance as a win-win for all concerned. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley stated concern with the significant change in window signage coverage from 25% to 60% and her preference for a lesser amount of coverage. She stated concern for the seven year term associated with the grandfathering clause in that it represents a long period of time with little change toward conformance. She stated she supports the exemption approach as more reasonable than permitting. She further stated that counting the window signage towards the 20% maximum coverage is appropriate. She stated she would like to again have the chance to review the window signage standards of other metro communities the commission had reviewed to arrive at the 25% coverage. I Member Chavez inquired about the lack of a draft ordinance to review and the purpose for exemptions. He stated support for including the window signage in the overall 20% allowance. He stated including the window signage in the overall 20% allowance would remove any competitive advantage between businesses; whether they have large or small windows, each business would be allotted the same percentage of signage. City Planner Ridley addressed Member Chavez's questions. I V Member Dugan agreed with Member Chavez in regards to the advantage of those businesses with more glass. He stated he strongly disagrees with the removal of the 4-6 foot clear zone because it causes disadvantages to public safety. City Planner Ridley stated the rationale for removing the 4-6 foot clear zone was that unless the windows were covered 100%, visibility in and out of the business could be maintained. Member Chavez moved, Member Zoberi seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 to establish standards for window signage. A vote was taken. Aye: Chair Hanson, Members Chavez, Feller, Jensen, Heaney, and Zoberi. Nay: Member Keeley. Motion carried: 6-1. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley suggested that the Advisory Planning Commission take action to move the December meeting to Thursday, December 21, 2006 due to the holiday. Member Chavez moved, Member Zoberi seconded a motion to reschedule the December Advisory Planning Commission meeting to Thursday, December 21, 2006. A vote was taken. All voted in favor. Motion carried 7-0. VIII. ADJOURNMENT Member Chavez moved, Member Keeley seconded a motion to adjourn the Advisory Planning Commission meeting at 8:17 p.m. A vote was taken. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Dana Keeley APC Secretary Camille Worley Recording Secretary I I~