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12/19/2006 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING December 19, 2006 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P• II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS A. Recognition of Mayor Pat Geagan IV. CONSENT AGENDA Z A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS f~, 13 D. APPROVE 2007 Enterprise Fund Budgets for Water, Sanitary Sewer, Street Lighting, Storm Drainage, and Water C Quality, and Community Center Fund E. APPROVE 2007 Special Revenue Budgets, including Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, and Cable Franchise Fees Fund 2.~ F. APPROVE 2007 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television q Budgets P' 2 1 G. APPROVE Resolution Authorizing Check Signators at Anchor Bank H. APPROVE Eagan PSAP Joint Powers Agreement with the DCC 4C) I. APPROVE Joint Powers Agreement with the Retirement Enhancement and Benefits Alternatives Trust III (REBA III) o J. APPROVE 2007 Tobacco License Renewals P. 52 K. APPROVE 2007 Trash Hauler License Renewals 17-53 L. APPROVE 2007 Tree Contractor License Q, 5L) M. APPROVE Updated Business Assistance Policy and Related Public Financing Policies N. APPROVE 2007 Fee Schedule for Consulting Engineering Contracts n, 8 O. APPROVE Encroachment and Maintenance Agreements - Steeplechase (Landscaping, mailbox shelters and storm 11'' drainage structures) 84 P. APPROVE Modification of Municipal Agreement, Contract 06-01 (TH 149 Upgrade) Q. RECEIVE Feasibility Report and Schedule Public Hearing (January 16, 2007) for Project 950 (Opperman Drive & n 4 TH 149-Intersection Reconfiguration 018(,o R. APPROVE Federal Participation in Advance Construction Agreement, Contract 06-01 (TH 149 Upgrade) S*7 S. APPROVE Traffic Signal Agreement with Dakota County, Central Parkway & Pilot Knob Road 4% T. APPROVE Easement Agreement for Parcel 10-87000-011-00, Project 778 (TH 149) f7 U. Removed p, q0 V. Removed Clt W. APPROVE Final Subdivision (Town Centre 100 20`s Addition) P. X. APPROVE Resolution accepting a 51,525.12 donation from the Eagan Firefighters Relief Association Y: APPROVE Agreement for the City of Eden Prairie to extend website services support to the City of Eagan t OS Z. Removed AA. APPROVE 2007 Renewal of Contract with Lifeworks, Inc. 1 3 BB. DIRECT staff to proceed with a rezoning process for property legally described as Lot 9, Block 1, Letendre Addition No. 3 and located at 3206 Sibley Memorial Highway in the SW /a of Section 9. P• CC. APPROVE extension of final Subdivision for recording, Lo Nidy, located in the NW '/a of Section 13. DD. ACCEPT donation of personal property located in the Eagan Art House from the Dakota Center for the Arts. V. PUBLIC HEARINGS ('7, (QS A. 2006 (Payable 2007) PROPERTY TAX LEVY 110 B. 2007 GENERAL FUND BUDGET ~F. { j3 C. 2007 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET p I D. PROJECT 946, Thomas Center Drive, Street Overlay and Trail Improvements •7E. PROJECT 948, Westbury Addition, Street Overlay n.~~F. PROJECT 949, Lexington Square, Street Overlay VI. OLD BUSINESS A. 2007 FEE SCHEDULE - Establishing Fees for Various City Services, Supplies and Materials J35rB. YANKEE DOODLE ROAD CORRIDOR AND ACCESS MANAGEMENT STUDY (06-RAS-02) VACATION of Drainage and Utility easements (Lots 1 & 2, Block 1, Silicon Graphics Addition and Final Subdivision (Waters Annex), CSM Equities, LLC P.). 4j 0 D. Consider FINAL PLANNED DEVELOPMENT (Lot 1, Block 1, Waters Annex) White House Custom Colour, Inc. n - .2 E. Consider CAPONI ART PARK & LEARNING CENTER Tunnel Fence Removal VII. NEW BUSINESS VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE 7vIX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda p a 6 0 C. Approve Minutes D. Old Business ^ l& a1. CEDAR GROVE REDEVELOPMENT DISTRICT - Direction regarding the Core Area Redevelopment 'J Agreement with Schafer Richardson. lq 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Occupancy Proposal for Grand Slam at Cedarvale Mall E. New Business F. Other Business G. Adjournment 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. A City of Ememo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 15, 2006 SUBJECT: AGENDA INFORMATION FOR DECEMBER 19, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 19, 2006 City Council agenda, the following items are in order for consideration. I Agenda Information Memo December 19, 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 December 4, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the December 4, 2006 regular City Council meeting are enclosed on pages _ through. 2 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota /`1 T December 4, 2006 A Listening Session was held prior to the regular City Council meeting on December 4, 2006 in the Eagan Room. A representative of Wescott Townhouse Association invited the Mayor and Councilmembers to attend an open house at Eagan Hills Condominiums to be held December 10, 2006 which will benefit Dakota Woodlands. A regular meeting of the Eagan City Council was held on December 4, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Engineer Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire 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 November 21, 2006 special City Council meeting and the November 21, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Julie Anderson as a part-time recreation program supervisor effective January 1, 2007. 2. It was recommended to approve the hiring of Elizabeth Bentson as a part-time Clerical Tech III in the Police Department. 3. Ratify Teamsters Maintenance Contract C. Check Re isters. It was recommended to ratify the check registers dated November 23, 2006 and November 30, 2006 as presented. D. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-06 to 7-1-07. E. 2007 General Legal Services Hourly Rates. It was recommended to approve the 2007 General Legal Services Hourly Rates. F. 2007 License Renewals for Pet Shops and Kennels. It was recommended to approve the 2007 kennel and pet shop license renewals subject to payment of fees ad compliance with requirements of the application. G. 2007 Pigeon License Renewal. It was recommended to approve the 2007 License to Harbor Carrier / Homing / Racing Pigeons for Eric Drenckhahn, 2811 Pilot Knob Road. H. CDBG Funding. It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2007 to the Daktoa County Community Development Agency. 1. Extension for Recording Plat. It was recommended to approve a 90-day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE '/4 of Section 36. J. Resolution. It was recommended to approve a Resolution in support of adding the Biothera property at 3388 Mike Collins Drive to the Bioscience Zone application from Dakota and Goodhue Counties. K. Proiect 778. It was recommended to approve a Joint Powers Agreement for Project 778 (Trunk Highway 149 - Street Upgrade) with the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes DRAFT December 4, 2006 Page 2 L. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for the proposed Waters Annex development. M. Project 944. It was recommended to receive the Draft Feasibility Report for Project 944, Killdeer Addition (Joyce Court - Street Improvements) and schedule a public hearing to be held on January 2, 2007. N. Project 945. It was recommended to receive the Draft Feasibility Report for Project 945, Sheffield Addition (Sudberry Lane - Street Improvements) and schedule a public hearing to be held on January 2, 2007. 0. Project 947. It was recommended to receive the Draft Feasibility Report for Project 947, (Fawn Ridge 15t / 2°d Additions - Street Improvements) and schedule a pubic hearing to be held on January 2, 2007. P. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-30601-050-00 and authorize the Mayor and City Clerk to execute all related documents. Q. Access Management Study. It was recommended to approve a Cost Participation Agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Road (Denmark Avenue to TH 149) and authorize the Mayor and City Clerk to execute all related documents. R. Contract 05-03. It was recommended to approve the final payment for Contract 05-03 (Well No. 21 - Development and Pumping Equipment) in the amount of $22,572.04 to Mark J. Traut Wells, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. S. Heart Healthy Living Program. It was recommended to approve the renewal of a contract with Heart Helathy Living, P.A. for 2007 to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. T. Lease. It was recommended to approve a lease renewal for Burnsville Eagan Community Television at its current location. U. Policies and Procedures. It was recommended to approve a resolution regarding policies and procedures governing the receipt and review of applications for additional Cable franchises. V. Opposition to Legislative Proposals. It was recommended to approve a resolution stating opposition to Legislative proposals that remove Cable Television Build-Out Provisions from Chapter 238 of Minnesota State Law and forward copies of this resolution to Eagan's state legislative delegation and the League of Minnesota Cities. W. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record the final plat for Oakview Center 2nd Addition, located south of Lone Oak Road and north of Highway 55 in the NW '/a of Section 12. X. Project 950. It was recommended to receive the petition and authorize the preparation of a feasibility report by Bonestroo and Associates for Project 950 (Opperman Drive and TH 149-Intersection Reconfiguration). PUBLIC HEARINGS PROPERTY BUDGET AND PROPERTY TAX LEVY FOR 2007 - TRUTH IN TAXATION HEARING City Administrator Hedges introduced this item regarding the proposed Budget and property tax levy for 2007. He discussed the 2007 Special Service District Budget. Councilmember Carlson moved, Councilmember Tilley seconded a motion to close the public hearing and set the 2007 Cedarvale Special Services District levy and budget considerations for the December 19, 2006 City Council meeting. Aye: 5 Nay: 0 Administrator Hedges made a presentation on the budget and property tax levy for 2007. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to set the 2007 General Levy and General Fund Budget considerations for the December 19, 2006 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 4, 2006 RA Page 3 LOT 1, BLOCK 1, CENTENNIAL RIDGE 2ND (LENA COURT) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public drainage and utility easements within Lot 1, Block 1, Centennial Ridge 2nd Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councihnember Carlson moved, Councihnember Maguire seconded a motion to close the public hearing and approve the vacation of a portion of public drainage and utility easements within Lot 1, Block 1, Centennial Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 LOTS 1 & 2, BLOCK 1, SILICON GRAPHICS 1sT EASEMENT VACATION City Administrator Hedges introduced this item regarding the easement vacation for Lots 1 and 2, Block 1 Silicon Graphics 1" Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councihnember Tilley moved, Councihnember Carlson seconded a motion to close the public hearing and continue consideration of the public easement vacation for formal consideration with the Final Plat for the Waters Annex Addition. Aye: 5 Nay:0 PROJECT 776, YANKEE DOODLE ROAD FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Yankee Doodle Road street and utility improvements. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. Tim Keane representing the Virginia Fox family and Gopher Refining noted their objection to the final assessment. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve the final assessment roll for Project 776 (Yankee Doodle Road - Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll for the Lexington Avenue, Lone Oak Road to Trunk Highway 55 street reconstruction and overlay. City Engineer Matthys 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. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve the final assessment roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 - Street Reconstruction and Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 5 Eagan City Council Meeting Minutes December 4, 2006 DRAFT Page 4 PROJECT 928, MEADOWVIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Meadowview Road / Alexander Road street improvements. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Three property owners expressed their opposition to the proposed assessments. City Engineer Matthys explained the proposed assessment policy and rate. Public Works Director discussed the background of the assessment process for this property. Council agreed to continue the public hearing pending further review of the City assessment policy in regard to this project by the Public Works Committee. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the Final Assessment Roll for Project 928 (Meadowview Road / Alexander Road - Street Improvements) to February 20, 2007 and direct the Public Works Committee to review the issue. Aye: 5 Nay: 0 OLD BUSINESS There was no old business. NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCE - RICHARD SKINN City Administrator Hedges introduced this item regarding a request for a Conditional Use for outdoor storage, for property located at 4890 Biscayne Avenue. City Planner Ridley gave a staff report. Don Weber, owner of Sierra Metals, discussed hours of operation, stating that work would not begin prior to 8:00 a.m. in an effort to eliminate noise early in the morning. He stated without the conditional use permit, he will be unable to conduct business in the City of Eagan. Brent Koth, 545 Spruce Street, discussed noise coming from the business early in the morning. He also stated that the variance is very excessive. Richard Skinn, owner of the property, discussed the history of the 33 foot piece of property adjacent to Gun Club Road. He has his surveyor working to determine if the vacated right-of-way has reverted to his ownership. Council discussed the possibility of an interim use permit being more appropriate for this request rather than a conditional use permit due to the property being adjacent to a residential area. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to explore the possibility of an Interim Use Permit for outdoor storage, for property located at 4890 Biscayne Avenue to the February 6, 2007 regular City Council meeting. Aye: 5 Nay: 0 Councilmember Tilley was absent for the remainder of the meeting. CONDITIONAL USE PERMIT AND VARIANCE - WENSMANN HOMES INC. City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for outdoor storage, and a variance of a 40-foot rear yard, 20-foot north side yard and 10-foot south side yard setback for property located at 4870 Biscayne Avenue. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes December 4, 2006 ^ Page 5 Terry Wensmann, applicant, discussed proposed conditional use permit, noting that his business is not adjacent to a residential area. Brent Koth requested uniformity in the fencing of the businesses adjacent to the residential area. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage, for property located at 4870 Biscayne Avenue, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A revised site plan indicating the storage area for the above ground fuel storage details as required by the Fire Marshal shall be submitted. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 31, 2006. 4. A six-foot tall wooden privacy fence along the east perimeter of the property shalt be installed no later than July 1, 2007. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be properly maintained to prevent deterioration. Councihmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of a 40 foot rear yard, 20-foot north side yard and 10-foot south side yard setback, for outdoor storage on property located at 4870 Biscayne Avenue in the SE'/. of Section 36, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The height of the outdoor storage shall be screened via landscaping or a privacy fence on the property. ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11, Section 11.70, Subdivision 28 regarding signage inspections. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.70, Subdivision 28, 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 and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no update. It was noted that there would not be a meeting of the Economic Development Authority. Councilmember Carlson moved, Councihnember Fields seconded a motion to continue the Economic Development Authority meeting to December 19. ADMINISTRATIVE AGENDA City Administrator Hedges noted that there would be a closed session of the Council after the regular meeting. VISITORS TO BE HEARD There were no visitors who wished to be heard. Eagan City Council Meeting Minutes December 4, 2006 Page 6 Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:55 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, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Fitness Attendants/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Bridget Faney and William Bigelow as part-time fitness attendants at the Community Center. Item 2. Resignation/Crime Analyst- ACTION TO BE CONSIDERED: To accept the letter of resignation from Evan Marshall, Crime Analyst in the Police Department, and to authorize advertisement for replacement of this position. Item 3. Occupational Health Services Contract-- ACTION TO BE CONSIDERED: To approve the engagement of services to be provided by Twin Cities Occupational Health as the City's occupational health services provider for 2007 and 2008 contingent upon City Attorney and City Administrator's review. . Item 4. Clerical Teamsters Bargaining Unit Contract-- ACTION TO BE CONSIDERED: To ratify the Clerical Teamsters Bargaining Unit Contract for 2007. Item 5. Memorandum of Agreement/Dispatchers' Severance Pay- ACTION TO BE CONSIDERED: To approve the Memorandum of Agreement between the City of Eagan and the Dispatchers regarding Dispatchers' severance pay. The agreement is available in the City's Administrator's office for review. Agenda Information Memo December 19, 2006 Eagan City Council Meeting Item 6.2007 Compensation- ACTION TO BE CONSIDERED: • To approve a 3.5% annual wage adjustment to the 2007 non -union Compensation Plan for all regular non-collective bargaining employees, effective the full payroll closest to January 1, 2007. The July 2005 to July 2006 Consumer Price Index - Urban Wage Earners and Clerical Workers is 3.5% and Eagan's approved union settlements in place for 2007 are at the 3.5% level. Increases for comparable cities range between 3 and 3.5 per cent depending upon unique circumstances in the individual cities. • To approve a 3.5% adjustment to the Directors' car allowances. • To approve the 2007 City Administrator compensation as follows: o Increase compensation per salary cap legislation. o Provide an additional vacation accrual of 45.17 hours and authorize the City Administrator to exceed the vacation accrual cap by up to that amount. o Continue to provide a car allowance at the 2006 rate. • To approve an annual wage adjustment to the Parks & Recreation 2007 Seasonal Compensation Plan and for temporary, seasonal, and recurring non-collective bargaining employees between 0% and 3%. • To adopt the IRS mileage rate effective January 1, 2007. The current IRS rate for 2007 is 48.5 cents per mile. Should the 2007 rate change, the City's reimbursement will automatically adjust to the new rate. Item 7. Cafeteria Plan- ACTION TO BE CONSIDERED: • To approve the amendment and restatement of the City's Cafeteria plan to provide for the reimbursement of medical and employment-related dependent care expenses and to provide medical insurance coverage and direct compensation and to authorize the Mayor and City Clerk to execute the Plan on behalf of the City. Agenda Information Memo December 19, 2006 Eagan City Council Meeting Item 8. VEBA Basic Plan Adoption Agreement- ACTION TO BE CONSIDERED: • To approve the Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Basic Plan Adoption Agreement for City of Eagan. As part of the City 2007 health insurance reform, a Voluntary Employees' Beneficiary Association (VEBA) is being offered to employees. At the November 21, 2006 meeting America's VEBA Solutions was approved to provide administrative services for implementation of the plan. This approval provides for the Basic Plan Adoption. ~I Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 7, 2006 and December 14, 2006 as presented. ATTACHMENTS: • Check registers dated December 7, 2006 and December 14, 2006 are enclosed without page number. Agenda Information Memo December 19, 2006 Eagan City Council Meeting D. Approve Proposed 2007 Public Utilities Enterprise Fund Budget (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality) and Community Center Budget. ACTION TO BE CONSIDERED: Approve the proposed 2007 budgets for the Public Utilities Enterprise Fund (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality) and the Community Center Fund. FACTS: • The City Council reviewed these budgets in September; no changes to the expenses have been made since then. Water and Sewer revenues have been adjusted upward due to the proposed rate increases (4.2% water; 5.0% sewer) in the 2007 Fee Schedule (Item A of Old Business). • User fees support these budgets. ATTACHMENTS: • Enclosed on page is the Public Utilities Fund revenues and expenses summary. • Enclosed on page is the Community Center revenues and expenses summary. I~ Public Utilities Fund . 2007 Budget Revenue and Expense Summary Sanitary Street Storm Water Water Sewer Lighting Drainage Quality TOTALS Revenues: Service charges $ 4,625,000 $ 5,078,000 $ 462,500 $ 321,450 $ 750,050 $ 11,237,000 Connection permits 9,000 8,000 - - - 17,000 Meter sales 50,000 - - - - 50,000 Other 9,000 - - - 70,000 79,000 Total revenues 4,693,000 5,086,000 462,500 321,450 820,050 11,383,000 Operating expenses: Personal services 1,096,000 434,100 - 34,500 317,000 1,881,600 Supplies, repairs, maint. 220,500 135,700 - 11,600 44,500 412,300 Other services & charges 1,685,200 564,700 491,800 144,200 220,300 3,106,200 Merchandise for resale 82,500 - - - - 82,500 Capital outlay 64,000 215,000 - - 900 279,900 MCES disposal charges - 3,499,000 - - - 3,499,000 Total operating exp 3,148,200 4,848,500 491,800 190,300 582,700 9,261,500 Net income before depreciation & debt svc 1,544,800 237,500 (29,300) 131,150 237,350 2,121,500 Depreciation (1,804,200) (607,700) (12,800) (960,500) (61,700) (3,446,900) Debt service (prin + int) (863,500) - - - - (863,500) Net income (loss) (1,122,900) (370,200) (42,100) (829,350) 175,650 (2,188,900) Other non-departmental revenues: Interest income 1,529,100 Connection charges 460,000 Antenna lease revenue 209,000 Other 24,400 Total - non-dept revenue 2,222,500 Net revenues in excess of (less than) expenses $ 33,600 City of Eapo 2007 Adopted Budget Operating Budget Community Center Responsible Manager: Juli Johnson, Director of Parks & Recreation REVENUE SUMMARY 2004 2005 2006 2007 Actual Actual Budget Estimate 4304 Personal trainers 4,282 30,257 37,500 47,400 4305 Equipment rental 5,602 7,080 3,000 15,000 4310 Park program revenue 74,483 22,216 15,400 15,500 4312 Concessions sales 28,637 38,994 33,900 73,000 4314 Merchandise sales 2,910 2,502 3,700 4,000 4316 Group sales 69,413 63,202 98,800 78,600 4318 Daily admissions 67,450 70,064 78,100 73,000 4321 Memberships 352,657 501,259 706,600 688,500 4323 Vending 6,148 5,675 6,000 7,500 4324 Room rentals 131,269 188,473 249,900 260,000 4326 Facility rentals 6,221 1,221 1,500 4,500 4328 Contract revenue 47,139 44,112 57,000 85,000 4621 ECVB rent 7,333 3,621 9,000 10,300 4610 Interest income 22,292 37,777 20,000 - 825,836 1,016,453 1,320,400 1,362,300 Transfer in-antenna lease revenue 190,856 300,220 141,000 225,800 Total revenues 1,016,692 1,316,673 1,461,400 1,588,100 EXPENDITURE SUMMARY Actual Actual Budget Proposed Expenditure 2004 2005 2006 2007 Personal Services $ 721,483 $ 813,998 $ 905,000 952,200 Parts and Supplies 48,616 56,983 82,100 75,900 Services and Other Charges 194,903 282,346 287,200 324,500 Capital Outlay 31,442 11,895 34,500 80,200 Merchandise for Resale 20,248 30,651 31,000 30,800 Reserve for Renewal & Replacement - 120,800 121,600 124,500 Total $1,016,692 $ 1,316,673 $1,461,400 $1,588,100 I Agenda Information Memo December 19, 2006 Eagan City Council Meeting E. Approve 2007 Special Revenue Funds Budgets: Enhanced 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, and Cable TV Franchise Fees Fund ACTION TO BE CONSIDERED: Approve the 2006 budgets for the following Special Revenue Funds: Enhanced 9-1-1 Fund Housing Fund Police Forfeiture Fund DWI Forfeiture Fund Cable TV Franchise Fees Fund FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund, the revenue sources, and the expenditure categories are listed for each fund in the attachments. • There are no tax levies related to these funds. ATTACHMENTS: • Enhanced 9-1-1 Fund budget on page • Housing Fund budget on page 2D- . • Police Forfeiture Fund on page • DWI Forfeiture Fund budget on page 2-0 . • Cable TV Franchise Fees Fund budget on page 2p . l~ City of Hap 2007 Proposed Budget Operating Budget Special Revenue Funds - Enhanced 9-1-1 Fund (112) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Enhanced 9-1-1 Fund is to: • Account for State and County grant funds received to support the ° ° ° emergency 9-1-1 and reverse 9-1-1 systems. • Automatically capture the caller's telephone number, and cross referencing - that number to a location, thus allowing the system to accommodate multi- i jurisdiction areas by routing 9-1-1 calls to the appropriate agency for that 1 location. The system can also display the caller location on a screen at the - dispatch center. The Special Revenue Enhanced 9-1-1 Fund is responsible for the following * functions: • To account for grant revenue received from Sate and County grants that support the emergency 9-1-1 and reverse 9-1-1 systems. • To fund the implementation, improvement, and maintenance of enhanced 9-1-1 systems. My of Eapo 2007 Proposed Budget Operating Budget Special Revenue Funds - Enhanced 9-1-1 Fund (112) Expenditures by Category HIGHLIGHTS & CHANGES Services & Overview: Starting in 2007, the Enhanced 9-1-1 Other Fund will be transferring over from the City of Charges Eagan to the DCC. Thus, all state and county 10000/0 grants associated with 9-1-1 will be received by the DCC rather than by the City of Eagan. Highlight/Change 1: The majority of revenues and expenditures will now be handled by the DCC rather than by the City of Eagan Financial Impact: Almost all activity associated with the Enhanced 9-1-1 fund will now be the responsibility of the DCC. The majority of revenues will be received and all expenditures will take place at the DCC. Service Level Impact: 9-1-1 services will now be handled by the DCC rather than by the City of Eagan. REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 144,761 $ 146,737 $ 171,800 $ 189,300 Revenues: Intergovernmental State Grants 58,315 81,976 65,000 - Other Refunds-Flint Hills 22,800 12,407 12,200 11,000 Interest on Investments 3,002 3,095 2,000 3,000 Total Revenues 84,117 97,478 79,200 14,000 Expenditures: Professional Services 561 723 700 - Conferences/Meetings/Training - 2,768 - - System Repairs 380 - - - 9-1-1 Telephone Charges 22,336 26,405 30,000 - Reverse 9-1-1 Charges 19,659 33,349 31,000 32,600 Capital Equipment 39,205 9,170 - - Total Expenditures 82,141 72,415 61,700 32,600 Fund Balance, End of Year $ 146,737 $ 171,800 $ 189,300 $ 170,700 My of Hap 2007 Proposed Budget Operating Budget Special Revenue Funds - Housing Fund (113) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Housing Fund is to: • Provide financing for future housing-related developments within the City. • The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. • The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name. • The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997 and a note was issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds. At the end of 1998, the City sold its interest in the note to a third party for $1,200,000, and as a component of this transaction, the proceeds of the closing were loaned to the Aquatic Facility. The Special Revenue Housing Fund is responsible for the following functions: • To account for annual fees collected on the principal balance of revenue bonds issued under the City's name used to finance multi-family housing developments. • To account for the internal loan made to the Aquatic Facility construction fund which is to be repaid over 20 years with the final payment due in October of 2018. PERFORMANCE INDICATORS 2006 2007 Description 2005 Actual Budget Proposed Number of revenue bonds issued under the City's name to finance multi-family housing developments 8 8 8 I~ City of Eapu 2007 Proposed Budget Operating Budget Special Revenue Funds - Housing Fund (113) Expenditures by Category HIGHLIGHTS & CHANGES Services & Overview: The proposed 2007 housing fund budget Other is expected to be about the same as the 2006 Charges housing fund budget both on the revenue and 100 .0.1 expenditure side with the exception of a slight increase expected in revenues. This increase in revenues is due to the inclusion of approximately $20,000 budgeted for interest on investments. Hiahlight/Change 1: Budgeted revenues for the 2007 budget are expected to increase by approximately $20,000 because of interest on investments being included in the 2007 budget. Interest on investments was not included in the 2006 budget amounts. Actual interest on investment amounts for 2005 totaled approximately $21,000 after factoring in the market value adjustment for the year. Financial Impact: Total revenue increase of $20,000. Service Level Impact: None. REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $1,895,623 $ 2,091,696 $ 2,285,237 $ 2,455,195 Revenues: Housing Bond Fees 90,420 78,651 78,415 77,895 Interest on Investments 15,490 21,310 - 20,000 Total Revenues 105,910 99,961 78,415 97,895 Other Financing Sources: Interest on Loan 49,913 47,680 45,843 43,343 Principal on loan 45,000 50,000 50,000 55,000 Total Other Financing Sources 94,913 97,680 95,843 98,343 Total Revenues and Other Financing Sources 200,823 197,641 174,258 196,238 Expenditures: Monitoring Fee 4,750 4,100 4,300 4,300 Total Expenditures 4,750 4,100 4,300 4,300 Fund Balance, End of Year $ 2,091,696 $ 2,285,237 $ 2,455,195 $ 2,647,133 2D M of Ea an ~ ~ 2007 Proposed Budget Operating Budget Special Revenue Funds - Police Forfeiture Fund (114) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Police Forfeiture Fund is to: • Account for money received from the court system related to criminal forfeitures. 1 • The money accounted for in this fund is restricted for police operations. aC • Activity in this fund has decreased due to the creation of the Special Revenue DWI Forfeiture Fund which accounts for criminal forfeitures related to DWI's, and because criminal forfeitures related to controlled substances now go to the Dakota County Drug Task Force. ' The Special Revenue Police Forfeiture Fund is responsible for the following functions: • To account for money received from the court system related to criminal forfeitures. City of Eagan 2007 Proposed Budget Operating Budget Special Revenue Funds - Police Forfeiture Fund (114) Expenditures by Category HIGHLIGHTS & CHANGES Overview: The 2007 Special Revenue Funds - Services & Police Forfeiture Budget is up $888, or .7% over 2006. Due to the creation of the DWI Fund (115), Charges and because criminal forfeitures related to controlled 100% substances now go to the Dakota County Drug Task Force, this fund has not seen much activity in the past couple of years. Highliaht/Chanae 1: For 2007, 'the police department plans on setting up a police reserve unit using the remaining funds in the Police Forfeiture Fund. Financial Impact: With the creation of the police reserve unit, this should reduce the available fund balance to $0 in this fund. Service Level Impact: None. REVENUE & EXPENDITURE DETAIL Revised 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 24,602 $ 24,486 $ 24,488 $ 12,688 Revenues: Interest on Investments 384 502 700 700 Total Revenues 384 502 700 700 Expenditures: Auditing 500 500 500 500 Police Reserve Unit - - - 12,888 Other Improvements - - 6,000 - Office Furnishings & Equipment - - 6,000 - Total Financing Uses 500 500 12,500 13,388 Fund Balance, End of Year $ 24,486 $ 24,488 $ 12,688 $ - City of Eapa 2007 Proposed Budget Operating Budget Special Revenue Funds - DWI Forfeiture Fund (115) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue DWI Forfeiture Fund is to: • Account for money received from the court system related to DWI forfeitures. a~ • The money accounted for in this fund is restricted for police operations. • This fund was created in 2006.:. The Special Revenue DWI Forfeiture Fund is responsible for the following functions: J • Accounting for money received from the court system related to DWI forfeitures. • Purchase of new police equipment and police vehicles with DWI forfeiture monies. 23 City of Eapo 2007 Proposed Budget Operating Budget Special Revenue Funds - DWI Forfeiture Fund (115) Expenditures by Category HIGHLIGHTS & CHANGES Capital Overview: The 2007 proposed DWI Forfeiture Fund Outlay budget of $14,200 is down $35,000, or 71.1% from 72% 2006. Hiahliaht/Chanae 1: Reduction in the amount Services & spent on mobile equipment. Other Financial Impact: There is a $34,800 reduction in Charges budgeted amounts for mobile equipment. In 2006, it 28% was estimated that $45,000 would be spent to purchase a new car and all the equipment associated with the car. For 2007, they estimate having to purchase two lasers for traffic enforcement, and external microphones for use with digital recorders for implied consent and DWI stops. The estimated cost for these items total $10,200. Service Level Impact: None. REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $ - $ - $ - $ 31,100 Revenues: DWI Forfeitures - - 15,000 18,000 Interest on Investments - - - 900 Total Revenues - - 15,000 18,900 Other Financing Sources: Transfers In 65,300 - Total Other Financing Sources - - 65,300 - Total Revenues and Other Financing Sources - - 80,300 18,900 Expenditures: Conference & Training - - 4,200 3,500 Blood draws for DWI cases - - - 500 Mobile Equipment 45,000 10,200 Total Expenditures - - 49,200 14,200 Fund Balance, End of Year $ - $ - $ 31,100 $ 35,800 City of Eagan 2007 Proposed Budget Operating Budget Special Revenue Funds Cable TV Franchise Fee Fund (196) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Cable TV Franchise Fee Fund. is to: • Account for franchise fees paid to the City from the local cable franchises. • Restricted for communications and cable television activities. The Special Revenue Cable TV Franchise Fee Fund is responsible for the following functions: • The money is used for communications and cable television related activities, primarily the Communications Department budget and the City's share of the funding for the Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). City of Eagan 2007 Proposed Budget Operating Budget Special Revenue Funds - Cable TV Franchise Fee Fund (196) Expenditures by Category HIGHLIGHTS & CHANGES Other Overview: The 2007 proposed Cable TV Franchise Financing Fee budget of $577,700 is down $16,829, or 2.8% Uses - from 2006. Transfer Out 78'x° Hiahliaht/Chanae 1: Technology Task Force Fiber Services & Business Plan has been completed in 2006. Capital Other Financial Impact: As a result of this Business Plan allay Charges being completed, there is no need to budget an 4% 18% amount for this in 2007. Last year's budgeted amount was $49,500 for this item. Service Level Impact: None. REVENUE & EXPENDITURE DETAIL 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $1,973,605 $ 2,031,100 $1,845,623 $1,860,094 Revenues: Cable TV Franchise Fees 546,099 600,783 550,000 655,000 Interest on Investments 34,947 46,978 59,000 55,000 Total Revenues 581,046 647,761 609,000 710,000 Expenditures: BETC Funding 28,500 34,025 34,025 34,025 BECT Funding 75,000 69,475 69,475 69,475 Capital Equipment per CIP - - 46,529 20,900 Professional Services-Auditing 500 500 500 500 Technology Task Force-Fiber Business Plan 49,631 231,067 49,500 - 153,631 335,067 200,029 124,900 Other Financing Uses: Transfer to General Fd - Communications 369,920 498,171 394,500 452,800 Total Expenditures and Other Financing Uses 523,551 833,238 594,529 577,700 Fund Balance, End of Year $ 2,031,100 $1,845,623 $1,860,094 $1,992,394 24~ Agenda Information Memo December 19, 2006 Eagan City Council Meeting F. Approve Proposed 2007 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television Budgets ACTION TO BE CONSIDERED: Approve the proposed 2007 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). FACTS: • The 2007 BETCBECT operating budget was reviewed at the October 10 special City Council meeting. At that meeting, the Council directed that the proposed budget be placed on the consent agenda at a future meeting. • The City of Burnsville plans to adopt both budgets at its December 18 Council meeting. ATTACHMENTS: • Enclosed on page 22 is a summary of those budgets. City of Burnsville Burnsville / Eagan Telecommunications Commission* Five-Year Financial Plan % Chg Projected 2005 2006 2007 from 2006 Actual Estimate Proposed to 2007 Budget Budget 2008 2009 2010 2011 SOURCE OF FUNDS: Intergovernmental: Member ,Contributions: City of Eagan 103,600 103,500 103,500 0.0% 103,500 103,500 103,500 103,500 City of Burnsville 103,500 103,500 103,500 0.0% 103,500 103,500 103,500 103,500 Total Intergovernmental Sources 207,000 207,000 207,000 207,000 207,000 207,000 207,000 Operating: PEG Access Fees** 647,983 671,072 670,000 -0.2% 676,700 683,467 690,302 697,205 Other 40,350 21,600 25,100 16.2% 27,700 29,020 30,472 32,069 Total Operating Sources 688,333 692,672 695,100 0.4% 704,400 712,487 720,774 729,274 TOTAL SOURCE OF FUNDS 895,333 899,672 902,100 0.3% 911,400 919,487 927,774 936,274 USE OF FUNDS: Operating: Personnel 442,370 505,186 525,748 4.1% 541,520 557,766 574,499 591,734 Current Expenses 294,318 313,350 309,650 -1.2% 298,070 307,012 316,222 335,709 Total Operating Uses 736,688 818,536 835,398 2.1% 839,590 864,778 890,721 927,443 Non-Operating: Capital Outlay 177,337 76,000 205,000 169.7% 86,200 106,000 87,000 92,000 Total Non-Operating Uses 177,337 76,000 205,000 169.7% 86,200 106,000 87,000 92,000 TOTAL USE OF FUNDS 914,024 894,536 1,040,398 16.3% 925,790 970,778 977,721 1,019,443 NET DIFFERENCE (18,692) 5,136 (138,298) (14,390) (51,291) (49,947) (83,169) Beginning Fund Balance 411,507 392,815 397,951 259,653 245,263 193,973 144,025 Ending Fund Balance 392,815 397,951 259,653 245,263 193,973 144,025 60,857 Other financial information: Year-end Cash Balance 596,829 601,965 463,667 449,277 397,986 348,039 264,870 Three months operating cash estimate 223,634 260,100 231,447 242,694 244,430 254,861 231,861 Projected cash balance 373,195 341,866 232,220 206,583 153,556 93,178 33,010 * Includes Community Television and the Telecommunications Commission " 2005 adjusted for prepaid 2006 revenues Agenda Memo December 19, 2006 Eagan City Council Meeting CONSENT AGENDA: G. Approve resolution authorizing check signators at Anchor Bank. ACTION TO BE CONSIDERED: To approve a resolution naming the authorized signers on the Anchor Bank accounts. FACTS: • All checks issued by the City are signed by the Mayor and Treasurer. • With Mayor-elect Maguire taking office January 2, the bank requires new signature cards on file and a resolution authorizing the changes effective that date. • Mayor Geagan's name will be removed from the list of authorized signators as of the same date. • No other changes are being made to the list of authorized signers. ATTACHMENTS: • A copy of the resolution is attached on pages 30 through 31 ACCOUNT #:100021239 CORPORATE AUTHORIZATION RESOLUTION Anchor Bank Saint Paul, N.A. By: City of Eagan 1360 Duckwood Drive 3830 Pilot Knob Rd Eagan, MN 55123 Eagan MN 55122-1810 Referred to in this document as "Financial Institution" Referred to in this document as "Corporation" I, certify that I am Secretary (clerk) of the above named corporation organized under the laws of MINNESOTA Federal Employer I.D. Number 41-0847612 , engaged in business under the trade name of CITY OF EAGAN , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on (date). These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS Any agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position Signature Facsimile Signature (if used) A. LINDA L FINK, X X B. THOMAS W PEPPER, X X C. EUGENE J VANOVERBEKE, X X f D. MICHAEL,MAGUIRE, X like, X E. X X F. X X POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, Description of Power Indicate number of D, E, and/or F signatures required (1) Exercise all of the powers listed in this resolution. (2) Open any deposit or share account(s) in the name of the Corporation. (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. (4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes or other evidences of indebtedness. 15) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. 16) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Financial Institution. 17) Other LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. ~rior to EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated 12/05/06 If not completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) ❑ If checked, the Corporation is a non-profit corporation. In Witness Whereof, I have subscribed my name to this document and affixed the seal of the Corporation on (date). Attest by One Other Officer Secretary ® 1985, 1997 Bankers Systems, Inc., St. Cloud, MN Form CA-1 1/13198 .5V (page 1 of 2) RESOLUTIONS The Corporation named on this resolution resolves that, (1) The Financial Institution is designated as a depository for the funds of the Corporation and to provide other financial accommodations indicated in this resolution. (2) This resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by the Financial Institution. Any and all prior resolutions adopted by the Board of Directors of the Corporation and certified to the Financial Institution as governing the operation of this corporation's account(s), are in full force and effect, until the Financial Institution receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a resolution must be accompanied by documentation, satisfactory to the Financial Institution, establishing the authority for the changes. (3) The signature of an Agent on this resolution is conclusive evidence of their authority to act on behalf of the Corporation. Any Agent, so long as they act in a representative capacity as agents of the Corporation, is authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated on page one, from time to time with the Financial Institution, subject to any restrictions on this resolution or otherwise agreed to in writing. (4) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of the Corporation with the Financial Institution prior to the adoption of this resolution are hereby ratified, approved and confirmed. (5) The Corporation agrees to the terms and conditions of any account agreement, properly opened by any Agent of the Corporation. The Corporation authorizes the Financial Institution, at any time, to charge the Corporation for all checks, drafts, or other orders, for the payment of money, that are drawn on the Financial Institution, so long as they contain the required number of signatures for this purpose. (6) The Corporation acknowledges and agrees that the Financial Institution may furnish at its discretion automated access devices to Agents of the Corporation to facilitate those powers authorized by this resolution or other resolutions in effect at the time of issuance. The term "automated access device" includes, but is not limited to, credit cards, automated teller machines (ATM), and debit cards. (7) The Corporation acknowledges and agrees that the Financial Institution may rely on alternative signature and verification codes issued to or obtained from the Agent named on this resolution. The term "alternative signature and verification codes" includes, but is not limited to, facsimile signatures on file with the Financial Institution, personal identification numbers (PIN), and digital signatures. If a facsimile signature specimen has been provided on this resolution, (or that are filed separately by the Corporation with the Financial Institution from time to time) the Financial Institution is authorized to treat the facsimile signature as the signature of the Agent(s) regardless of by whom or by what means the facsimile signature may have been affixed so long as it resembles the facsimile signature specimen on file. The Corporation authorizes each Agent to have custody of the Corporation's private key used to create a digital signature and to request issuance of a certificate listing the corresponding public key. The Financial Institution shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed in writing. FOR FINANCIAL INSTITUTION USE ONLY Acknowledged and received on (date) by (initials) ❑ This resolution is superseded by resolution dated Comments: 0 1985, 1997 Bankers Systems, Inc., St. Cloud, MN Form CA-1 1/13/98 (page 2 of 2) Agenda Information Memo December 19, 2006 Eagan City Council Meeting H. APPROVE EAGAN PSAP JOINT POWERS AGREEMENT WITH THE DCC ACTION TO BE CONSIDERED: To approve the Eagan PSAP Joint Powers Agreement with the DCC. FACTS: • Eagan currently operates a local 911 dispatch center located at the Eagan Police Department. The City provides 911 emergency call and dispatch services to the residents of Eagan and is under contract to provide this service for the City of Rosemount. • Eagan, Dakota County and other cities in the County have jointly created the DCC to operate a county-wide 911 emergency services dispatch center and to operate all existing local 911 dispatch facilities within the County prior to the completion of a new county wide dispatch facility in 2007. By action of the DCC Board of Directors the operations of the existing five public safety answering points (Apple Valley, Burnsville, Dakota County, Eagan and Lakeville) will begin to operate under DCC management as of January 1, 2007. • The DCC, using its own employees, will begin to operate the Eagan 911 dispatch center commencing at 12:01 AM on January 1, 2007. The DCC will continue to staff *and operate this facility until the county-wide 911 dispatch facility located in Empire Township is completed and the operations of the Eagan dispatch center have been transferred to the Empire Facility. The estimated date to begin transfer of dispatch operations from the existing facilities is November 1, 2007. • Eagan staff has worked with the staff from the DCC and representatives of other existing PSAP cities and the County to develop this agreement. This joint powers agreement defines the respective rights and obligations of Eagan and the DCC relating to the ongoing operation of the Eagan dispatch center. 3~ • Eagan will be reimbursed a percentage share of the DCC operating budget based on the total percentage of the cost allocation formula in the DCC joint powers agreement for Dakota County and the cities for which contract 911 dispatch services are currently provided. This reimbursement will be $2,290 per month. All additional costs will be the responsibility of the City and will be funded through the 2007 operating budget. • The draft JPA has been reviewed by the City Attorney's office and is in substantially final form. ATTACHMENTS: • Enclosed on pages 3q through 39 is a copy of the draft joint powers agreement. X33 JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND DAKOTA COMMUNICATIONS CENTER TO OPERATE A 911 DISPATCH FACILITY December 2006 1. Purpose of this Cooperative Agreement Pursuant to Minnesota Statutes § 471.59, governmental entities are empowered to provide assistance to, and act in coordination with, other political subdivisions or agencies within the state of Minnesota as deemed necessary to benefit the public. Based upon this authority and the desire to provide continuous 911 dispatch services to all residents of Dakota County, this Joint Powers Agreement is entered into between the City of Eagan (Eagan), a political subdivision of the State of Minnesota, and the Dakota Communications Center, a separate joint powers entity created through a joint powers agreement between the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul and the County of Dakota ("DCC"). Through this Agreement, Eagan and the DCC define their respective rights and obligations relating to the ongoing operations of the local 911 emergency services dispatch facility located in Eagan. 2. Transfer of Operations 2.1 Eagan 911 Facility. Eagan currently owns and operates a local 911 dispatch facility located at the Eagan Police Department Offices located at Wescott, Eagan, Minnesota.(the "Eagan Facility") that provides 911 emergency. call and dispatch services to the residents of Eagan and (other communities, if any). This facility is currently operated and staffed by the Eagan Police Department. 2.2 Interim Operations. Eagan, the County of Dakota and other cities in Dakota County have jointly created the DCC to operate a county wide 911 emergency services dispatch center and to operate all existing local 911 dispatch facilities within the county prior to the completion of the county wide dispatch facility, for the benefit of all residents of Dakota County The parties agree that the DCC, using its own employees, will operate the Eagan Facility commencing at 12:01 AM on January 1, 2007. The DCC will continue to staff and operate this facility until the county wide 911 dispatch facility located in Empire Township (the "Empire Facility") is completed and the operations of the Eagan Facility have been transferred to the Empire Facility. The estimated date to transfer these operations is November 1, 2007. 2`'f V 3. Term The term- of this Agreement shall commence on the date that both parties have executed this Agreement and will continue until the Eagan 911 dispatch facility operations are transferred to the Empire Facility and all other obligations under Agreement have been completed. 4. Access to Premises and Equipment 4.1 No Leasehold Created. Although the DCC will staff and operate the Eagan 911 dispatch facility during the term of this Agreement, the parties do not intend to create a Landlord-Tenant relationship and the DCC is not acquiring a leasehold interest in the office space in which the Eagan Facility is located. 4.2 Access to the Facility. Beginning at 12:01 AM on January 1, 2007 and continuing until the Eagan Facility operations are transferred to the Empire Facility, DCC employees will have access to the facility 24 hours a day, seven days a week. Eagan will provide DCC employees assigned to the Eagan Facility with keys or security cards to obtain access at any time. DCC employees will turn in all keys or security cards when the Eagan Facility operations are transferred to the Empire Facility. Eagan staff or its third party contractors will have access to the Eagan Facility as needed to carry out law enforcement, cleaning, maintenance and repair activities. Access to the Eagan Facility includes the right of DCC staff to use the following areas at the Eagan City Hall: (Check those that apply) ❑ Restrooms ❑ Exercise facilities ❑ Parking areas 0 Kitchen/Break Room facilities o Other common areas of the building housing the facility ❑ None of the above 4.3 Ownership of Personal Property, Access to Systems. During the term of this Agreement Eagan will continue to own the furniture, fixtures, equipment, computers and software necessary to operate the facility. DCC staff will have full access to the workspace, computer and radio equipment and software applications and databases that are needed to operate the Eagan Facility. The staff of the Eagan Police Department and the DCC will have mutual access to the local CAD/Mobile, 911, records management, MCD and radio systems as needed to perform their respective job duties. 5. Maintenance of Facility and Equipment 5.1 Equipment Maintenance and Catastrophic Failures. During the term of this Agreement Eagan will maintain the 911 communications and dispatch equipment and related software and systems in proper working order and will pay the costs of maintenance and repairs. If the 911 communications and dispatch equipment suffers a catastrophic failure that requires a major expenditure to correct or repair, Eagan will immediately notify and consult with the DCC Operations Director or 2 35 Executive Director on the nature of the failure and the estimated cost of repairs or equipment replacement. Eagan and the Operations Director or Executive Director will determine whether the repairs or replacement should be undertaken and which entity will provide the funding. If Eagan and the DCC are unable to reach agreement on the need to undertake the repairs or replacement or the source of funds, the matter will be referred to the DCC Executive Committee who will make the final and binding decision. 5.2 Building Maintenance Eagan is responsible for the cost and completion of all maintenance and repairs to the building housing the Eagan Facility. 6. Staffing the Facility 6.1 Daily Staffing Commencing on January 1, 2007, DCC will provide the staff required for daily 911 and dispatch operations at the Eagan Facility, including supervisors to oversee staff and operations. In their sole discretion, DCC supervisors will determine the level of staffing needed each day. However, DCC supervisors will take into consideration requests from cities and law enforcement agencies for additional staffing during special events. DCC will pay all salaries, benefits and other employee costs of the DCC employees assigned to the Eagan Facility. DCC will hire, train, discipline and when necessary, terminate DCC employees. 6.2 Staffing Assistance from Eagan Eagan Police Department will designate an employee or staff position who will be available to receive communications from DCC staff about shift absences or general operations issues in the event that the DCC shift supervisor for the facility is not available. In any case, the Eagan designee will act in good faith and may rely upon past practice that was in place prior to this agreement and/or use input from DCC Staff to mitigate the operations issue. Recognizing City of Eagan Employees are not trained to operate the 911 communications equipment, the DCC should not rely upon untrained Eagan Staff ^geffl Employees to operate the communications equipment. Therefore, it is incumbent the DCC recognize potential staffing issues to ensure there is no disruption of service. 6.3 Facility Operating Guidelines DCC is responsible for establishing the work rules at the Eagan Facility. However, Eagan and the DCC may agree upon additional written guidelines to further define the responsibilities of each entity for daily operations at the Eagan Facility. If such guidelines are created, they will describe how the DCC and Eagan will to handle phone calls from DCC staff who are calling in to report an absence from their assigned shift. 7. Compensation The Parties acknowledge that Eagan has expended public funds to construct the Eagan Facility for the benefit of local residents and will expend additional public funds to maintain the facility and equipment when DCC is operating the facility. To partially compensate Eagan for the 911 expenses it will incur 'and to provide contribution toward those costs, the DCC will make monthly payments to Eagan 3 3~a commencing with January 2007 and continuing until the dispatch operations are transferred to the Empire Facility. The amount of each monthly payment will be that portion of $10,000 that is equivalent to the fractional share that the City of Eagan, and any additional communities that Eagan currently provides dispatch service to, contribute the 2007 DCC annual budget. As described in Section 5.1 above, if Eagan incurs an unanticipated significant cost to repair or replace 911 equipment between January 1, 2007 and the date dispatch operations are transferred to the Empire Facility, and the parties have agreed that DCC should fund the expenditure, DCC shall reimburse Eagan for the cost after receiving any invoices or statements needed to document the work performed, parts or equipment purchased and the cost of each. Any unresolved dispute over reimbursement of a significant and unanticipated equipment cost will be presented to the DCC Executive Committee and its decision on reimbursement of the cost will be final and binding upon the Parties. 7. Insurance 7.1 Maintaining Insurance. During the term of this agreement Eagan will maintain, at its own cost, the types and limits of general liability and commercial property insurance that it holds on the date this agreement is executed by the parties. During the term of this agreement DCC will maintain, at its own cost, the types and limits of general liability insurance that it holds on the date this agreement is executed by the parties. DCC will be responsible for workers compensation insurance and claims for DCC employees injured while working at the facility. Eagan will be responsible for workers compensation insurance and claims for Eagan employees injured while working at the facility or working in the building where the facility is located. 7.2 Waiver of Subrogation. To the extent permitted by law and without affecting the coverage provided by insurance required to be maintained hereunder, the Parties each waive any right to recover against the other on account of any and all claims either may have against the other with respect to any risk insured against by insurance actually carried, or required to be carried hereunder to the extent of valid and collectible insurance. Each insurance policy carried by either Party shall provide that the insurer waives all rights of recovery by way of subrogation against the other Party in connection with all matters included within the scope of the waiver of recovery. 8. Services Provided by Eagan During the term of this Agreement, Eagan shall provide custodial cleaning, trash removal and snow removal at the Eagan Facility at no cost to the DCC. 9. Mutual Indemnification Eagan shall not be liable for any damage or injury to DCC and its employees, any other person or any personal property occurring at the Eagan Facility unless caused by the negligence and greater culpability of Eagan. DCC agrees to hold Eagan harmless from any 4 31. claims for damages arising out of DCC's use of the facility, and to indemnify Eagan for any expense incurred by Eagan in defending any such claims, except as Eagan is required to pay as a member of the DCC and as provided by the DCC Joint Powers Agreement. This indemnification obligation is subject to the limitations and immunities of Minn. Stat. Ch. 466. With the exception described below, DCC shall not be liable for any damage or injury to Eagan and its employees, any other person or any personal property occurring at the Eagan Facility unless caused by the active negligence and greater culpability of DCC. Eagan agrees to hold DCC harmless from any claims for damages arising out of DCC's use of the facility, and to indemnify DCC for any expense incurred by DCC in defending any such claims, except as DCC is required to pay as a separate legal entity and as provided by the DCC Joint Powers Agreement. This indemnification obligation is subject to the limitations and immunities of Minn. Stat. Ch. 466. Temporary Staffing Indemnification. DCC shall indemnify Eagan and its employees from any liability, damages or costs incurred due to the negligent actions of Eagan Police Department employees occurring during the period that such employees have been directed to temporarily operate the Eagan Facility under the circumstances described in Section 6.2 of this Agreement. 10. Distribution of Property Upon termination of this Agreement each party shall keep and retain all property, equipment or software it owns and has brought into the facility during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITY OF EAGAN By : Date: By: Date: DAKOTA COMMUNICATIONS CENTER By: Date: 5 3~ Chair - DCC Board of Directors By: Date: DCC Executive Director Approved as to Form: By: Date: Assistant County Attorney Eagan 911 Facility JPA Agreement Q 12-07-2006 6 Agenda Information Memo December 19, 2006 Eagan City Council Meeting 1. APPROVE JOINT POWERS AGREEMENT WITH THE RETIREMENT ENHANCEMENT AND BENEFITS ALTERNATIVES TRUST III (REBA 111) ACTION TO BE CONSIDERED: To approve the Joint Powers Agreement with the Retirement Enhancement and Benefits Alternatives Trust III (REBA III). FACTS: • At the November 21, 2006 meeting America's VEBA Solutions was approved to provide administrative services for implementation of the plan. • The Retirement Enhancement and Benefits Alternatives Trust III (REBA III) is a collective purchasing pool of school districts, city, and county governments that participate in a single trust developed by CBIZ Benefits & Insurance Services, Inc. • America's VEBA Solution provides volume based pricing and services to all member employers participating in the REBA program. Although some autonomy is given up, the deliverables are the same as the stand-alone program and it is more cost effective for the City. • Approval is subject to City Attorney review of the document. ATTACHMENTS: 1 • Enclosed on pages l ` through 4 1 is a copy of the joint powers agreement. ~O JOINT POWERS AGREEMENT FOR RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM © HaynesHitesman, PC 2005 REBA Joint Powers Agmt I TABLE OF CONTENTS 1. PURPOSE, INTENT AND OBJECTIVE ................................................................................1 2. DEFINITIONS 2 3. JOINT POWERS GOVERNING BOARD 3 4. RIGHTS AND RESPONSIBILITIES OF THE ADVISORY COUNCIL 4 S. RIGHTS AND RESPONSIBILITIES OF ADOPTING EMPLOYERS 5 6. CONTRIBUTIONS & ASSESSMENTS 6 7. LENGTH OF AGREEMENT AND TERMINATION .................................................................6 S. LIABILITY OF PARTIES 6 9. AGREEMENT BY PARTICIPATION 6 10. DISPOSITION UPON DISSOLUTION 7 © HaynesHitesman, PC 2005 REBA Joint Powers Agmt 42, JOINT POWERS AGREEMENT FOR RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM This Joint Powers Agreement ("Agreement's is made by and among the Adopting Employers that are now or may hereafter become parties to this Agreement. RECITALS WHEREAS, governmental units may provide health benefits to employees, former employees and spouses and dependents thereof; and WHEREAS, Minn. Stat. § 471.59, subds. 1 and 10 authorize two or more governmental units to exercise jointly or cooperatively powers which they possess in common; and WHEREAS, certain governmental units ("Adopting Employers") wish to authorize the Retirement Enhancement and Benefit Alternatives Program ("REBA') to act as a joint powers entity for the purpose of exercising certain powers as set forth in this Agreement; and WHEREAS, the Adopting Employers acknowledge REBA as a representative of the parties to this Agreement; and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Plan (the "Plan'l; and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Trust and the Retirement Enhancement Benefit and Alternatives Program Voluntary Employees' Beneficiary Association Trust II (collectively referred to as the "Trusts'); and WHEREAS, the Trusts are voluntary employee beneficiary associations under Section 501(c)(9) of the Internal Revenue Code; NOW THEREFORE in consideration of the mutual promises and agreements contained herein and subject to the provisions of Minn. Stat. § 471.59 and all other applicable statutes, rules and regulations, the parties agree as follows: 1. PURPOSE, INTENT AND OBJECTIVE 1.1 Purpose. Under the provisions of Minnesota law, governmental units may enter into contracts for the purposes of providing medical benefits to current employees, former employees, and their respective families including, but not limited to, contracts for services deemed necessary or beneficial for their operation. Under the provisions of Minn. Stat. § 471.59, two or more governmental units (including, but not limited to, school districts, counties, towns, other governmental agencies, and service cooperatives) may agree to exercise jointly or cooperatively powers which they possess in common. The purpose of this Agreement is to authorize the exercise of common powers of the Adopting Employers in connection with certain matters pertaining to the administration and funding of the Plan and Trusts, all as described herein. © HaynesHitesman, PC 1 2005 REBA Joint Powers Agmt ~3 1.2 Name. The name of this joint powers entity shall be the Retirement Enhancement and Benefit Alternatives Program ("REBA'. 1.3 Compliance with Applicable. Laws. It is the Adopting Employers' intent to comply with applicable federal and state statutory requirements. 1.4 Effective Date. This Agreement shall be effective with respect to a particular Adopting Employer as of the date of such Adopting Employer's initial participation as identified below. 2. DEFINITIONS The following Definitions shall apply to this Agreement: a) Administrative Services Agreement ("ASA") means an agreement by and between the Advisory Council and a Provider, or an Adopting Employer and a Provider, that establishes terms for the administration of the Plan and/or Trusts. b) Adopting Employer means a governmental unit that has adopted the Plan, thereby becoming a member of REBA. C) Advisory Council means the advisory council of the REBA, acting as the joint board authorized to exercise certain powers of the Adopting Employers, as permitted by Minn. Stat. § 471.59, subd. 2, and as set forth in this Agreement. d) Agreement means this Joint Powers Agreement as the same may be amended from time to time. This document, and all other documents in the same form executed (or deemed executed as provided in Section 9 of this Agreement) by Adopting Employers, all, as amended from time to time, shall together constitute a single Agreement. e) Bylaws means the bylaws of the Advisory Council. f) Code means the Internal Revenue Code of 1986, as amended from time to time. g) Plan means Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Plan. h) Provider means a service provider, including, but not limited to, third party administrators, consultants, accountants, brokers, attorney and trustees, providing services to health plans and trusts such as the Plan and Trusts. i) REBA means the Retirement Enhancement and Benefit Alternatives Program, the joint powers entity created by the Adopting Employers as reflected in this Agreement. D Trusts mean the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Trust and the Retirement Enhancement and Benefit © HaynesHitesman, PC 2 2005 REBA Joint Powers Agmt 4, t Alternatives Program Voluntary Employees' Beneficiary Association Trust II. Each is intended to be a voluntary employees' beneficiary association as described § 501(c)(9) of the Code. 3. JOINT POWERS GOVERNING BOARD 3.1 Membership. Membership in REBA shall be open to any governmental unit or other political subdivision as set forth in Minn. Stat. § 471.59, subd. 1, and Minn. Stat. § 471.981 including, but not limited to, joint powers agencies of the State of Minnesota that are deemed by the Advisory Council to qualify for membership. The Advisory Council may impose such conditions on membership as it deems appropriate to protect the interest of REBA and to provide for the benefit of the Adopting Employer; and such conditions as are required by the Agreement, the Bylaws, or by applicable statutes, rules, or regulations. The Advisory Council, at its discretion and in accordance with the Bylaws, may create classes, levels or types of membership within REBA with differing member rights, privileges or obligations. Upon adoption of the Plan, an Adopting Employer shall also execute this Agreement and file it with the Advisory Council. 3.2 Joint Powers Board. There is hereby created a joint powers board, herein referred to as the "Advisory Council," which shall be empowered to oversee and administer REBA. The Advisory Council shall be empowered to manage all the affairs of REBA and do to all things necessary or convenient for the furtherance of the purposes of REBA, including but not limited to: expending and receiving funds; entering into contracts, leases, and other agreements; renting, leasing, purchasing and otherwise procuring or receiving property real or personal; employing personnel either as employees or by contract; and employing consultants such as attorneys, auditors, accountants, risk managers, actuaries and others. 3.3 Advisory Council Representation. Each member of REBA shall have representation on the Advisory Council equal to every other member. Subject to the foregoing, representation shall be determined pursuant to the Bylaws. The Advisory Council shall act by majority vote of the representatives appointed to it. As appropriate, the Advisory Council may designate one or more representatives to act on its behalf. 3.4 Committee(s). The Advisory Council may, but is not required to, establish one or more committees. The purpose of any such committee may include, without limitation, the management of the affairs of REBA and the receipt and processing of information relating to Plan and Trusts. 3.5 Upon Dissolution of REBA. In the event that REBA is dissolved, the Advisory Council shall continue to exist for a reasonable period to wind up REBA's affairs. Any administrative services provided to the Plan or Trusts prior to the dissolution of REBA shall be provided thereafter as determined by the Advisory Council in its discretion. © HaynesHitesman, PC 3 2005 REBA Joint Powers Agmt 4. RIGHTS AND RESPONSIBILITIES OF THE ADVISORY COUNCIL 4.1 Authorized Powers. Pursuant to Minn. Stat. § 471.59, subd. 2, in addition to any other powers specifically delegated to the Advisory Council by this Agreement, the Advisory Council is hereby authorized to: a) establish, procure, and administer the Plan and the Trusts; b) define and clarify requests for proposals, rights and responsibilities, length of contract; premium or contribution rates and other costs, termination guidelines, the relative liability of the parties, and the method(s) by which parties to this Agreement shall exercise their common powers; and c) receive, collect, hold, invest, expend and disburse contributions to the Trusts in connection with the exercise of its powers under this Agreement; and d) adopt Bylaws, which shall provide for the operation and administration of the Advisory Council, and adopt other operating policies and procedures to direct and document the specific activities of REBA. 4.2 Reserves. The Advisory Council shall from time to time determine the minimum amount of funds needed for purposes of risk management, administration, and other needs of the Plan and Trusts. Any such funds shall be held and used in accordance with, and subject to the limitations set forth in, Section 6. 4.3 Administrative Services Agreements. The Advisory Council may negotiate one or more Administrative Services Agreements for the benefit of REBA with respect to the Plan and the Trusts. Such Administrative Services Agreements may establish, among other things: a) the applicable responsibilities of the Provider; b) the applicable responsibilities of the Advisory Council; and c) the amount of service fees payable to the Provider. 4.4 Liability Limited. The Advisory Council, its authorized representatives, employees and designees shall have no duty or liability due to negligence of Adopting Employers or Providers. When it is not exercising the joint powers authorized by this Agreement (and therefore not acting as the Advisory Council), the Advisory Council shall have no duty or obligation whatsoever to act for the benefit of the Adopting Employers. © HaynesHitesman, PC 4 2005 REBA Joint Powers Agmt 5. RIGHTS AND RESPONSIBILITIES OF ADOPTING EMPLOYERS 5.1 Adopting Employers to Furnish Data. Each Adopting Employer agrees to furnish all reasonably necessary data to the Advisory Council, or Provider or other third party as directed by the Advisory Council. 5.2 Remittance of Contributions and Fees. The Adopting Employers shall remit contributions and/or administrative fees in the time and manner as set forth in the Plan, the Trusts, and/or the Administrative Services Agreements. 5.3 COBRA Administration. To the extent an Adopting Employer is, through the Public Health Services Act, subject to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA'I, such Adopting Employer shall be responsible for complying with the requirements of COBRA with respect to their employees participating in the Plan. Such responsibility shall include all aspects of administering the continuation coverage required by COBRA including, but not limited to, providing notices required by COBRA. The Advisory Council, as the "plan administrator" of the Plan, has delegated its responsibilities under COBRA to the Adopting Employers. 5.4 Adopting Employer Withdrawal. An Adopting Employer's participation in this Agreement may be terminated as follows: 5.4.1 Voluntary Withdrawal. At any time during a year, an Adopting Employer may terminate its participation in this Agreement upon ninety (90) days written notice to the Advisory Council and to all Providers. 5.4.2 Deemed Withdrawal. An Adopting Employer shall be deemed to have terminated its participation in this Agreement upon withdrawal from the Plan and the Trusts. 5.3.3 Involuntary Withdrawal. The Advisory Council may terminate an Adopting Employer's participation in this Agreement for cause upon ninety (90) days notice to said Adopting Employer. 5.5 Effect of Adopting Employer Withdrawal. Upon an Adopting Employer's withdrawal from this Agreement, the following rules shall apply: 5.5.1 Withdrawal from the Plan and Trust. Upon withdrawal from this Agreement, an Adopting Employer shall be deemed to have withdrawn from the Plan and Trusts. 5.5.2 Continuance of REBA. The withdrawal of an Adopting Employer shall not affect the continuance of REBA by the remaining Adopting Employers. 5.5.3 Liability of Withdrawing Adopting Employer. An Adopting Employer that withdraws shall remain jointly and severally liable for all debts, obligations and liabilities incurred on its behalf during the term of its membership. The liability of an Adopting Employer upon withdrawal shall be determined in accordance with the Bylaws, Plan, Trusts and/or Administrative Services Agreements. © HaynesHitesman, PC 5 2005 REBA Joint Powers Agmt 6. CONTRIBUTIONS & ASSESSMENTS 6.1 Contributions. Adopting Employers shall make contributions as required under the Plan. All contributions shall be held in the Trusts. 6.2 Assessments. The Advisory Council may, at its discretion, determine that an assessment is necessary to insure the financial integrity of the Plan and/or the Trusts, to operate and maintain the Plan and/or the Trusts, or to carry out other purposes of REBA pursuant to this Agreement. Such assessments shall be in a form, manner and amount as determined by the Advisory Council, provided that an assessment against an Adopting Employer shall not exceed $7,500 for any calendar year. Notwithstanding the foregoing, no Adopting Employer shall be required to make, or otherwise be responsible for, a contribution to the Plan and the Trust on behalf of another Adopting Employer if such Adopting Employer fails to make a contribution required by the Plan. The Advisory Council may, in its discretion, establish and maintain separate accounts for specified portions of the assessment, and may designate specific purposes. 7. LENGTH OF AGREEMENT AND TERMINATION This Agreement shall remain in effect until the first of the following to occur: a) The Agreement terminates by the mutual consent of the parties to the Agreement; b) The Agreement is suspended or superseded by a subsequent agreement between the parties to the Agreement, or c) The Agreement terminates by operation of law. 8. LIABILITY OF PARTIES An Adopting Employer to this Agreement holds the Advisory Council and its members harmless from any and all causes of action arising at law or inequity unless such action shall arise from gross negligence. The parties agree to waive any rights to litigation from any dispute arising out of this Agreement unless such action is the result of intentional wrongdoing. 9. AGREEMENT BY PARTICIPATION Any governmental unit that adopts the Plan, and thereby becomes an Adopting Employer, shall be deemed to have approved this Agreement and, in the case of an eligible governmental unit, to have executed this Agreement by its duly authorized officers, and shall be bound by the terms and conditions of this Agreement to the same extent as if such formal approval had been obtained and such execution had occurred. © HaynesHitesman, PC 6 2005 REBA Joint Powers Agmt 10. DISPOSITION UPON DISSOLUTION In the event that REBA is dissolved, any property or other assets acquired by the Advisory Council shall be distributed as determined by the Advisory Council and as permitted under applicable law. Sufficient reserves shall be retained and maintained consistent with the Plan's obligations and known or foreseeable risks under this Agreement and applicable laws or regulations. Pursuant to all applicable state and federal laws, this Agreement has been approved by the governing boards of the parties and is signed by the duly authorized officers of the parties. ADOPTING EMPLOYER Q Name of Governmental Unit By By Title ( Y t 6-q-6 'P' Title * v Date 0` kq " C)o (o Date Date of Initial Participation © HaynesHitesman, PC 7 2005 REBA Joint Powers Agmt 4'1 Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: J. 2007 Tobacco License Renewals ACTION TO BE CONSIDERED: Approve 2007 Tobacco License Renewals for the following: • Amber Liquor, 4250 Lexington Ave. S • Axel's Bonfire, 1555 Cliff Road • Big Discount Liquor, 3900 Cedar Grove Parkway • Big Top Wine & Spirits, 1284 Town Centre Drive, Ste. 110 • Blackhawk Liquor, 4130 Blackhawk Rd. • Byerly's, 1299 Promenade Place • Casper's Sports Barn, 4625 Nicols Road • Cedar Cliff BP, 4600 Slater Road • Cedar Grove Liquor, 1967 Silver Bell Road • Cedarvale Bowl, Inc., 3883 Cedar Grove Pkwy • Cooper's Restaurant, 4185 South Robert Trail • Cub Foods, 1940 Cliff Lake Road • CVS Pharmacy, 4241 Johnny Cake Ridge Road • E & M Liquor, 1444 Yankee Doodle Rd. • Eagan EZ Stop, 4195 Nicols Road • Eagan BP, Inc., 1424 Yankee Doodle Rd. • Green Mill, 1940 Rahncliff Court • Hidalgo Market, 4130 Blackhawk Rd., Ste. 108 • Holiday Stationstore #68, 1065 Diffley Rd. • Holiday Stationstore #232, 4595 Nicols Rd. • Holiday Stationstore #247, 3615 Pilot Knob Rd. • Holiday Stationstore #318, 3044 Holiday Lane • Joe Senser's, 3010 Eagandale Place • Kwik Trip #662, 3145 Dodd Road • LaFonda's, 3665 Sibley Memorial Highway • The Metro, 1650 Diffley Road • MGM Liquor Warehouse, 4182 Pilot Knob Road • Mt Liquory of Eagan, 1629 Lena Court #105 • New Mart, 1969 Silver Bell Road • Oasis Market #518, 3390 Coachman Road #202 • Oasis Market #594, 1286 Lone Oak Road • Oasis Market #590, 4250 Lexington Avenue S. • Oasis Market #576, 3150 Dodd Road • Oasis Market #5685, 2000 Rahncliff Road • PDQ Store #214,4198 Pilot Knob Road • Perrier Wines & Liquors, 1960 Cliff Lake Road #10 1 • Pro Stop Service Centers, Inc., 850 Lone Oak Road • Rainbow Foods #8815, 1276 Town Centre Drive • Sam's Club #4738, 3035 Denmark Avenue 50 • Sinclair Retail #22060, 1815 Diffley Rd. Page 2, Item H • Sixty 1 Stop, 3575 Pilot Knob Road • Starks Saloon, 3125 Dodd Road • SuperAmerica #4335, 1379 Town Center Dr. • SuperAmerica #4464, 2250 Cliff Road • SuperAmerica #4182, 1406 Yankee Doodle Rd. • SuperAmerica #4049, 4200 E. Highway 13 • T.L. Liquors, 1565 Cliff Road • Tobacco Warehouse, 2149 Cliff Road • Walgreen's #5081, 4220 Lexington Ave. • Walgreen's #2766,2010 Cliff Rd. • Walgreen's #1773, 1278 Town Center Dr. • Wal-Mart Supercenter #1786, 1360 Town Center Drive FACTS: • All applications have been reviewed by staff and deemed acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) 5! Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: K. 2007 Trash Hauler License Renewals ACTION TO BE CONSIDERED: Approve 2007 Trash Hauler License Renewals for the following: • Dick's Sanitation, P.O. Box 769, Lakeville, MN 55044 • Mac's Roll-Off Service, Inc., P.O. Box 20695, Bloomington, MN 55420 • Dan's Container Service, Box 87, Newport, MN 55055 • Alpha Container Services and Recycling, 4180 160th St. East, Rosemount, MN 55068 • Triangle Services, 1881 S. Lexington, Mendota Heights, MN 55118 • Randy's Sanitation, Inc., P.O. Box 169, Delano, MN 55328 • Buckingham Trucking, Inc., 5980 Credit River Road, Prior Lake, MN • Lloyd's Construction Services, 7207 W. 128th St., Savage, MN 55378 • Schill's Dumpster Service, Inc., 2591 Gresham Avenue N., Oakdale, MN 55128 • Henningsen Construction Service, Inc., 13926 Duluth Court, Apple Valley, MN 55124 • Keith Krupenny & Son Disposal Service, Inc., 1214 Hall Ave., W. St. Paul, MN 55118 • LePage & Sons, Inc., 613 11 lth Ave., NE, Blaine, MN 55434 • Waste Management, 12448 Pennsylvania Ave., Savage, MN 55378 • Allied Waste Industries of the Twin Cities, 4325 E. 66th St., IGH, MN • JME of Monticello, Inc., 1401 Fallon Ave., Monticello, MN 55362 • WTI - Waste Technology, Inc., 8424 Noble Avenue N., Brooklyn Park, MN 55443 • Coolidge Trucking Systems, 829 Central Ave. W., St. Paul, MN 55104 • Total Sanitation, 4804 East Highway 101, Shakopee, MN 55379 • Highland Sanitation & Recycling, 20700 Donnelly Avenue, Farmington, MN 55024 • JME of Monticello, Inc., 1401 Fallon Avenue, Monticello, MN 55362 • Nitti Sanitation, Inc. 1725 Meadow View Rd., Eagan, MN 55121 • Lightning Disposal, Inc., 1725 Meadowview Rd., Eagan, MN 55121 FACTS: • All applications have been reviewed by staff and deemed acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) 52, Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: L. 2007 Tree Contractor License Renewals ACTION TO BE CONSIDERED: Approve 2007 Tree Contractor License Renewals for the following: • The Davey Tree Expert Company, 2500 Fernbrook Lane, Plymouth, MN 55447 • S & S Tree and Horticultural Specialists, Inc., 405 Hardman, South St. Paul, MN 55075 • M.C. Tree Service, 22285 Albatross Circle, Farmington, MN 55024 • Miller Tree Service, 6825 Craig Court, Inver Grove Heights, MN 55076 • Lawrence Tree Removal, 3363 E. 170th Street, Rosemount, MN 55068 • A Top Notch Service, Inc., 5505 N. Highway 169, Plymouth, MN 55442 • Roggenbuck Tree Care, 22551 Dakota Avenue, Lakeville, MN 55044 • Collins Tree Care and Removal, 7377 154th St. W., Prior Lake, MN 55372 • Rainbow Tree Company, 2239 Edgewood Avenue S., Minneapolis, MN 55426 • Wright Tree Service, Inc., P.O. 636, Mankato, MN 56001 • Tree Techs, 13849 Euclid Court, Apple Valley, MN 55124 • Huston's Tree Service, 14847 Haven Drive, Apple Valley, MN 55124 FACTS: • All applications have been reviewed by staff and deemed acceptable for approval • Each application is for a license that has been in existence in the City for at least one year ATTACHMENTS: None (The applications are available for review in the Administration Department) Agenda Information Memo Eagan City Council Meeting Consent Agenda December 19, 2006 M. APPROVE UPDATED BUSINESS ASSISTANCE POLICY AND RELATED PUBLIC FINANCING POLICIES ACTION TO BE CONSIDERED: To approve the updated Business Assistance Policy and related Public Financing Policies. FACTS: ➢ In order to comply with state statute and to provide direction to staff and prospective developers and businesses regarding the possible use of public financing assistance, it is necessary for the City to adopt a Business Assistance Policy. It is also appropriate to adopt policies with respect to the various types of public financing assistance that may be applied to property development or redevelopment and business assistance. ➢ The City's current Business Assistance Policy and TIF Policy are out of date and should be updated to comply with current statutes. Prior to its being disbanded, the EDC and its Finance and Development Committee worked on draft updates of these policies and brought them close to completion. A This matter was referred to the City Council Finance Committee for recommendation to the City Council. At its meeting on October 3, 2006, the Committee reviewed the policy and gave direction for additional modifications of the drafts as outlined below: • Guideline versus Entitlement - The policy states in Section 4.01 and in several other locations that it gives guidance for the evaluation of applications for public financing assistance, but meeting some or all of the criteria does not entitle the applicant to assistance. This retains the City's ultimate ability to choose whether to assist a particular project or not. • Wage and Job Goals - The policy uses a ratio approach to job and wage goals. It says a project may be eligible for up to $10,000 per base job (80% of County Median Wage) and up to $20,000 per head of household job (100% of the County Median Wage). Job and wage goals would not apply to assistance for redevelopment, ~housmg, soils or hazardous waste abatement. • Twin Cities Community Capital Fund - A policy has been developed that references the standards established by the TCCCF. The City would not apply the job and wage goals to TCCCF applications unless the applicant requested assistance from the City in addition to access to the fund, such as an interest rate write down. 5q Consent Agenda Item M Page 2 December 19, 2006 • Tax Abatement - The Committee recommended that the City not entertain applications for tax abatement. To make that clear, a notation at the bottom of the Financial Assistance Descriptions says, "By policy, the City of Eagan does not provide assistance through Tax Abatement." ATTACHMENTS: ➢ Business Assistance Policy on pages through. ➢ Public Financing Program matrix on pa es tb~d- through ~D7 &E5 - ➢ TIF Policy on pages through ➢ Twin Cities Community Capital Fund Policy on pages 7/ through 7z . ➢ Finance Committee Notes on pages 7 through 74/ . ➢ Staff memo on pages through 55 DRAFT CITY OF EAGAN Business Assistance Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer assistance for commercial and housing development and redevelopment projects. The Business Subsidies Statutes are codified as Minnesota Statutes 116J.993 through 116J.995. Minnesota Statutes 116J.993, Subd. 3 defines a Business Subsidy as "a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any, tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business." Appendix A lists forms of financial assistance that are not a business subsidy. This policy shall be used as a guide in processing and reviewing applications requesting business assistance. 1.02 The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. Minnesota Statutes 116J.994, Subd. 2, allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the department. 2. STATUTORY LIMITATIONS 2.01 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 116J.993 through 116J.995. 3. GOALS 3.01 As a matter of adopted policy, the City of Eagan will consider using a business assistance tool to assist private developments only in those circumstances in which the proposed private projects show a demonstrated financing gap and meet one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February 22, 2001. 4. BUSINESS ASSISTANCE PROJECT APPROVAL CRITERIA 4.01 All new projects approved by the City of Eagan should meet the following mandatory minimum approval criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual rights on the part of any potential developer. A. The assistance shall be provided within applicable state legislative restrictions, State Auditor interpretation, debt limit guidelines, and other appropriate financial requirements and policies. B. The project should meet one or more of the goals referenced in the City of Eagan's Comprehensive Plan for Economic Development. 1 C. The project must be in accord with the Comprehensive Plan and Zoning Ordinances, or required changes to the Comprehensive Plan and Zoning Ordinances must be under active consideration by the City at the time of approval. D. The assistance will not be provided to projects that have the financial feasibility to proceed without the benefit of the assistance. Assistance will not be provided solely to broaden a developer's profit margins on a project. Prior to consideration of a business assistance request, the City may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. E. Prior to approval of business assistance, the developer shall provide any required market and financial feasibility studies, appraisals, soil boring, information provided to private lenders for the project, and other information or data that the City or its financial consultants may require in order to proceed with an independent underwriting. F. Any developer requesting business assistance should be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. G. The developer must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate repayment of the business assistance. H. The level of business assistance funding should be reduced to the lowest possible level and least amount of time by maximizing the use of private debt and equity financing first, and then using other funding sources or income producing vehicles that can be structured into the project financing, prior to using additional business assistance funding. 5. BUSINESS ASSISTANCE PROJECT EVALUATION CRITERIA 5.01 If a business meets the criteria in Section 4 and is eligible for assistance, the following criteria will be used to determine the amount of assistance and type of assistance provided. All projects will be evaluated by the EDA and Eagan City Council on the following criteria for comparison with other proposed business assistance projects reviewed by the City, and for comparison with other subsidy standards (where appropriate). It is realized that changes in local markets, costs of construction, and interest rates may cause changes in the amounts of business assistance subsidies that a given project may require at any given time. In applying the criteria to a specific project, the following will apply: A. The City may consider the requirements of any other business subsidy received, or to be received, from a grantor other than the City. u~ B. If the business subsidy is a guaranty, the amount of the business subsidy may be valued at the principal amount of the guaranteed payment obligation. C. If the business subsidy is real or personal property, the amount of the subsidy will be the fair market value of the property as determined by the City. D. If the business subsidy is received over time, the City may value the subsidy as it determines is fair and reasonable under the circumstances. 2 5~ As used herein, "Benefit Date," means the date the business subsidy is received. If the .business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date occurs when the recipient puts the equipment into service. If the business subsidy is for improvements to property, then the Benefit Date refers to the earliest date of either when the improvements are finished for the entire project or when a business occupies the property. E. All business assistance projects will need to meet a "Reasonable Rate of Return." Assistance will not be used unless the need for the City's economic participation is sufficient that, without that assistance the project could not proceed in the manner as proposed. The Reasonable Rate of Return will be based on market standards at the time of the application for assistance. F. Business assistance will not be used when the developer's credentials, in the sole judgment of the City, are inadequate due to past track record relating to: completion of projects, general reputation and/or bankruptcy, or other problems or issues considered relevant by the City. G. Business assistance funding should not be provided to those projects that fail to meet good public policy criteria as determined by the Council, including: poor project quality; projects that are not in accord with the comprehensive plan, zoning, redevelopment plans, and city policies; projects that provide no significant improvement to surrounding land uses, the neighborhood, and/or the City; projects that do not have significant new, or retained, employment; projects that do not meet financial feasibility criteria established by the City; and projects that do not provide the highest and best desired use for the property. H. All projects receiving business assistance under the criteria listed in Minnesota Statutes 1161993, Subd. 3 must meet the job and wage goals described below. Minnesota Statutes 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the Department of Employment and Economic Development. 1. Except as described in 2 and 3, a business subsidy must result in the creation or retention of jobs, which will pay at least 80% of the Median Income for Dakota County (base jobs). In addition, consideration will also be given to the creation or retention of jobs, which will pay 100% of Median Income for Dakota County (head of household jobs). The Median Income for the County is annually defined by the Minnesota Housing Finance Agency. In 2006, 100% of the median is $78,500 and 80% of median is $62,800. Wage goals will be set forth specifically in the business subsidy agreement. Where job creation is one of the public purposes of the business subsidy, the subsidy may be up to $10,000 per base job retained or created and may be up to $20,000 per head of household job retained or created. The amount of assistance available to a project will be limited by the amount of proceeds that TIF or other financing tools may support. 2. Job creation or retention is not required for businesses subsidies as long as the grantor identifies an alternate public purpose in addition to tax base increase. If after a public hearing/council consideration of the alternate public purpose(s) proposed, the creation or retention of jobs is determined not to be a goal, the wage and job goals may be set at zero. 3. In lieu of job creation or retention, other measurable, specific, and tangible goals shall be established. Examples of tangible goals may include redevelopment, or pollution or soil remediation. 3 5-g I. Business assistance will normally be used for projects that address the following land use issues: (1) more compatible with the City's Comprehensive Plan than other permitted uses for property; (2) located on property which needs but is not likely to be developed or redeveloped because of blight or other adverse conditions of the property; and/or include design and/or amenity features not otherwise required by law. J. Business assistance will be evaluated on the project's impact on existing and future public investment: (1) whether and to what extent the project will utilize existent public infrastructure capacity and the extent it requires additional publicly funded infrastructure investments; (2) arrangements for the City to receive a direct monetary return on its investment in the project. K. Business assistance will normally be used for projects that demonstrate to the satisfaction of the City adequate financing for the project is available and that the project will be completed in a timely fashion. L. Business assistance from the City must satisfy all requirements of Minnesota Statutes 116J.993 through 116J.995. 5.02 Some criteria, by their very nature, must remain subjective. However, wherever possible "benchmark" criteria have been established for review purposes. The fact that a given proposal meets one or more "benchmark" criteria does not mean that it is entitled to funding under this policy, but rather that the City is in a position to proceed with evaluations of (and comparisons between) various business assistance proposals, using uniform standards whenever possible. 4 CITY OF EAGAN PRE-APPLICATION BUSINESS ASSISTANCE FINANCING Legal name of applicant: Address: Telephone number: Name of contact person. REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; estimated market value following completion. 3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. 4. A statement identifying how the assistance will be used and why it is necessary to undertake the project. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created, hourly wages and other community assets. 6. A written description of the developer's business, principals, history and past projects I understand that the application fee will be used for City staff and consultant costs and may be partially refundable if the request for assistance is withdrawn. Refunds will be made at the discretion of the City Council and be based on the costs incurred by the City prior to the withdraw of the request for assistance. If the initial application fee is insufficient, I will be responsible for additional deposits. SIGNATURE Applicant's signature: Date: 5 W CITY OF EAGAN Application for Business Assistance Financing GENERAL INFORMATION: Business Name: Date: Address: Type (Partnership, etc.): Authorized Representative: Phone: Description of Business: Legal Counsel: Address: Phone: FINANCIAL BACKGROUND: 1. Have you ever filed for bankruptcy? 2. Have you ever defaulted on any loan commitment? 3. Have you applied for conventional financing for the project? 4. List financial references: a. b. C. 6 5. Have you ever used Business Assistance Financing before? If yes, what, where and when? PROJECT INFORMATION: 1. Location of Proposed Project: 2. Amount of Business Assistance requested? 3. Need for Business Assistance: 4. Present ownership of site: 5. Number of permanent jobs created as a result of project? 6. Estimated annual sales: Present: Future: 7. Market value of project following completion: 8. Anticipated start date: Completion Date: FINANCIAL INFORMATION: 1. Estimated project related costs: a. land acquisition $ b. site development c. building cost d. equipment e. architectural/engineering fee f. legal fees g. off-site development costs Total 7 r n~ 2. Source of financing: a. private financing institution $ b. requested public assistance funds c. other public funds d. developer equity Total PLEASE INCLUDE: 1. Preliminary financial commitment from bank. 2. Plans and drawing of project. 3. Background material of company. 4. Pro Forma analysis. 5. Financial statements. 6. Statement of property ownership or control. 7. Payment of application fee of $1,000 8. Escrow payment $10,000 and Escrow Agreement 8 APPENDIX A The Business Subsidies Statutes specifically exclude 22 items from the definition. The following are NOT business subsidies: • A business subsidy of less than $25,000; • Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; • Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; • Redevelopment property polluted by contaminants as defined in M. S. Section. I I6J.552, Subd. 3; • Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; • Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; • Assistance for housing; • Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance sub-district as defined under M.S. Section 469.174, Subd. 23; • Assistance for energy conservation; • Tax reductions resulting from conformity with federal tax law; • Workers' compensation and unemployment compensation; • Benefits derived from regulation; • Indirect benefits derived from assistance to educational institutions; • Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; • Assistance for a collaboration between a Minnesota higher education institution and a business; • Assistance for a tax increment financing soils condition district as defined under M.S. Section 469.174, Subd. 19; • Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; • General changes in tax increment financing law and other general tax law changes of a principally technical nature; • Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; • Funds from dock and wharf bonds issued by a seaway port authority; • Business loans and loan guarantees of $75,000 or less; and • Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. 9 •o b u cd p o q) N C) ~ C cz as r ~ o o d o p r U O U U ~ U op m i.V O cl cn 60 m CQ 0 Cl U w cn cn U b x y d4 w O &0 w a) v U> • > N Ly cd O cd O 0 a; - N ¢..L~ ry b 3' .r. r~ CS O y n O ~ En En In v 'd cl Q.) Ln Q.) 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C) ~ d 4.4 ,o 0-4 CS 0 ~10 n~~ s U U i-4 0 0 t1 O 9 2.3! -0 u -0 U U w g y o !s N bq U U Cd 'C3 U cn 4) c N N 'O O' O 'd O C 3 a,~-ash a~cl) 9 44 o o i 'd El '0 N O > O 2: IIZI 'n > UUi 1-4 by .4: p+ 0 n • U Ohi 0 > 4-4 0 O U m O O U> by U vn m c~ 5 (D 05 .0 cn P4 0 P-~ Q 3 cd' N t~ P04 U V b0 ~ 0~ ~PC o a V m b of M w A b U~ o p 00 E~i x ri U v~ DRAFT CITY OF EAGAN Tax Increment Financing Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer tax increment financing assistance for commercial and housing development and redevelopment projects. The Minnesota Tax Increment Act is codified as Minnesota Statutes 469.174 through 469.1811. 1.02 As a matter of adopted policy, the City of Eagan will consider using tax increment financing to assist private developments only in those circumstances in which the proposed private projects show a demonstrated financing gap and meet one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February 22, 2001. 1.03 This policy shall be used as a guide in processing and reviewing applications requesting tax increment financing assistance. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 1.04 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 116J.993 through 116J.995. 2. USES 2.01 Tax increment may be spent only for specified purposes permitted in the underlying development statutes. Such purposes generally include: land and/or building acquisition; site improvements; demolition and relocation; parking, streets and sidewalks; public and on-site utilities; other public improvements; and interest. Because the development statutes are often ambiguous, whether a particular activity is TIF-eligible may depend on the facts in each case. 2.02 The City may retain a maximum of 10% of the tax increment to pay for administrative authorized in the TIF Plan. The City may also retain an additional 5 to 15 percent for pooling, depending on the type of tax increment district. 3. BUT FOR TEST 3.01 The City must find that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value of the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan according to Minnesota Statutes, Section 469.175, subd. 3(d). 3.02 A pro forma must be provided by the developer to complete a pro forma analysis for the proposed project and statement explaining the need for tax increment . 4. TYPES OF FINANCING 4.01 The City will consider "pay as you go" financing arrangement with the developer. For pay as you go financing, the developer pays for various TIE-eligible costs initially, and the authority Ehlers & Associates, Inc. - TIF Basics (6f promises to reimburse the developer from tax increment over time as it is generated. This arrangement may be structured as a revenue note or bond issued to the developer, with an interest component to compensate the developer for costs of financing the improvements up front. 4.02 Bonds secured by tax increments may be issued when there is a need for initial capital to finance public or private improvements. The bonds may be general obligation bonds backed by the full faith and credit of the City. 5. TERM OF ASSISTANCE 5.01 The City retains the ability to provide a shorter term for the tax increment than allowed by Minnesota Statutes 469.174 through 469.1811 6. ADDITIONAL CRITERIA BY TIF DISTRICT TYPE 6.01 Redevelopment and Renewal and Renovation Tax Increment Districts must consist of parcels with 70 percent of the area of the district occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. They also must contain structurally substandard buildings, as defined in Minnesota Statutes 649.175, Subd. 10 and 10a. The City will work with an independent third party to make the determination if a District qualifies. A. Districts typically will include multiple parcels within the City of Eagan. B. Applications must include a master plan of the developer, including a unified, integrated development approach to the entire area and/or major sub-area. 6.02 Housing Tax Increment Districts must develop a facility intended for occupancy in part by persons or families of low and moderate income. The City will give priority to mixed income developments. A. Rental projects must satisfy the income requirements for qualified residential rental projects under Section 142(d) of the Internal Revenue Code. The three options for income limits on a standard housing district are 20% of the units at 50% of median income, 40% of the units at 60% of median income, or 50% of the units at 80% of median income. B. For single family developments, at least 95% of the houses assisted with tax increment must be occupied with persons at 100% of median income for a family of two or less and 115% of median income for families of three or. Median income under this provision is the greater of the statewide median or the county median and is annually updated. 6.03 Economic Development Tax Increment District must find that the district will (1) discourage business from moving to another state or municipality; (2) increase employment in the state; or (3) preserve and enhance the tax base of the state. A. Increment may not be used to assist developments if more than 15% of the buildings and facilities (on a square footage basis) are used for a purpose other than manufacturing; warehousing, storage and distribution of tangible personal property (excluding retail sales); research and development related to the aforementioned activities; telemarketing, if that activity is the exclusive use of the property; and space necessary for and related to the above. tl/~ B. All projects receiving business assistance must meet the job and wage goals described in Section 5.01 (H) of the City's Business Assistance Policy. 6.04 Soils Condition Districts require the presence of hazardous substances, pollution, or contaminants requiring removal or remedial action for use. 6.05 Hazardous Substance Sub-districts consist of parcels within a TIF District of any kind that are "designated hazardous substance sites" or are contiguous parcels that the authority expects to be developed together with the hazardous substance site. -7D DRAFT CITY OF EAGAN Twin Cities Community Capital Fund Policy 1. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer gap financing assistance through the Twin Cities Community Capital Fund (TCCCF). 1.02 As a matter of adopted policy, the City of Eagan will consider using the TCCCF to provide gap financing to leverage private sector lending and investment for business development. Proposed projects should show a demonstrated financing gap and meets one of more of the goals, as identified in the City of Eagan's Comprehensive Plan for Economic Development dated February 22, 2001. 1.03 This policy shall be used as a guide in processing and reviewing applications requesting gap financing assistance. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 1.04 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes I I6J.993 through I I6J.995, and the TCCCF Loan Criteria. 2. USES 2.01 Funds from the TCCCF may be spent only for specified purposes permitted in the TCCCF Loan Criteria. Such purposes generally include gap financing for the following items: fixed assets, including land and building purchases; building construction; leasehold improvements and building renovations; machinery and equipment purchases, renovation and moving expenses; and working capital, when secured by fixed assets with fixed repayment schedules. Project eligibility will be reviewed and may depend on the facts for each project. 3. TYPE OF FINANCING 3.01 Financing through the TCCCF is long term, subordinated, fixed rate loans in partnership with local lenders. 4. TERM OF ASSISTANCE 4.01 The term will be negotiated with the TCCCF loan officers with the primary factor being the collateral offered. For most projects, loans will be amortized up to the life of the asset securing the loan. Loans secured by real estate will generally not exceed 20 years, and loans secured by machinery and equipment will generally support a loan term of up to 10 years. 5. INTEREST RATES 5.01 The interest rate of the loan is negotiable. Adjustable and fixed rate loan are available. 6. MAXIMUM LOAN AMOUNT 71 6.01 The maximum loan amount is $2,000,000. Loans amounts will be based on need, as determined by the TCCCF loan officer. 7. CRITERIA 7.01 Applicants for TCCCF assistance shall have made application to a private sector lender, who has made a determination that the applicant's project is credit worthy, but that a financing gap exists between the project cost and the amount that the private lender's loan and applicants' equity can support. 7.02 The applicant will.be required to complete the City's Business Assistance Pre-Application Form and provide documentation of the status of the private loan application to serve as the basis of the City's referral of the applicant to the TCCCF program. 7.03 Applicants for TCCCF loans will be evaluated in consideration of the Business Assistance Policy Criteria, with the qualification that the job and wage goals may be waived in consideration of the fact that the assistance is provided by the resale of the loan to the secondary market. If the structure of the TCCCF loan requires City costs in addition to its membership commitment, the job and wage goals would need to be met. 7.04 A 1.75% loan origination fee will be changed to all borrowers. This fee will be assessed only for approved loans, but must be paid at or prior to loan closing. A 0.5% loan underwriting fee shall also be paid by the borrower at loan closing. Borrowers are responsible for paying all legal and other loan closing costs incrurred by TCCCF. 72, Meeting Notes Finance Committee Meeting October 3, 2006 1. Adoption of Agenda The Agenda was adopted as presented. II. Business Assistance Policy and Public Financing Policies Community Development Director Hohenstein provided an overview of the background regarding Business Assistance Policies and Public Financing Policies. He indicated that cities that provide public financing assistance to private businesses or developments are required by statute to adopt and follow a business assistance policy, which among other things lays out specific job and wage level goals for projects that do not involve redevelopment or housing development. The City's most recent Business Assistance Policy was adopted in 2001, prior to statutory amendments that require it to be updated. He stated that the Economic Development Commission's Finance and Development Committee had largely completed an update of the Business Assistance Policy and TIF Policy, but that the full Commission had not acted on a recommendation at the time that the EDC was disbanded. He said that the EDC Committee's approach to the policies was that the Business Assistance Policy would apply to all types of assistance and that a "tool box" of financing methods, such as tax increment financing and a revolving loan fund, would be tools within the tool box. The one outstanding issue was the specific job and wage goals to be set for economic development projects where job or business development is the purpose of the assistance. He indicated that many policies set higher wage or leverage requirements to help create living wage of head of household jobs and prevent public financing from being used to create low wage jobs or small numbers of jobs. Taking a somewhat different approach, the EDC Committee had suggested setting a low minimum of one job at federal minimum wage to create the greatest flexibility for the Council to approve projects regardless of the number of jobs or their wage level. The EDC Committee had determined that both approaches should be presented to the Council for consideration in the adoption of the policies. The Finance Committee indicated that it would be more appropriate to have higher wage and job creation goals in the City's policies. It was noted that other City policies do permit Councils to waive or amend the goals for specific projects if they determine that the project warrants it. 73 Hohenstein also overviewed information relative to Tax Abatement authority and the Twin Cities Community Capital Fund, which the Council has authorized the City to join at the recommendation of the EDC. The TCCCF is a revolving loan fund, which resells loans on the secondary market to leverage more loans than a single city's loan fund could capitalize. The Finance Committee concluded that the basic approach of a master policy and tool box is appropriate. The Committee directed staff to develop wage and job goals that would require higher base wages and a relationship between the level of assistance and number of jobs. The Committee indicated that it is not supportive at this time of the City using tax abatement authority and that staff should prepare a policy statement to that effect. Finally the Committee directed staff to prepare a brief policy statement indicating that the City will generally apply the Business Assistance Policy to businesses seeking financing through the TCCCF, but that the City would not add criteria or standards beyond the basic TCCCF determination of eligibility and credit worthiness for such loans. The revised job and wage goals and the policy statements regarding tax abatement and TCCCF were to be returned to the Finance Committee for a recommendation to the full Council on the adoption of the policies. 111. Other Business City Administrator Hedges briefed the Finance Committee on the status of discussions with a prospective user of the Eagan Civic Arena. He noted a number of items that need additional clarification and discussion to include potential bonding questions, payment of operating costs, and a desire to use new revenue streams such as naming rights and/or advertising sales as a mechanism to pay for ice time use. Director of Administrative Services VanOverbeke covered the basic financing elements relating to new construction as they have been discussed and noted a list of questions that need to be answered by a bond attorney before additional substantive discussions can be held. Due to potential client conflicts it has been problematic to get the questions addressed to date. The Finance Committee provided direction that interior naming rights may be appropriate and that any revenue deal needs to be straight forward and simple. They also directed that if all of the bonding questions can be satisfactorily answered, protection must be provided to ensure that no debt service requirements become obligations of the City. IV. Adjournment 7 City of EaRan ma TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 29, 2006 SUBJECT: BUSINESS ASSISTANCE AND TIF POLICIES - FINANCE COMMITTEE REVIEW The purpose of this memo is to overview the current status of the City's Business Assistance Policy and the related Tax Increment Financing and. Public Financing Assistance Policies, in preparation for a meeting with the City Council Finance. Committee. The desired outcome of the Committee's consideration of these items would be a recommendation to the City Council to adopt updated Business Assistance and TIF Policies for our use in responding to applications for public financing assistance and to form the basis of our future reports to the state regarding our compliance with state law and the policies when providing public financing assistance to businesses and developments. REQUIREMENT FOR BUSINESS ASSISTANCE POLICIES State Law requires that local governments that provide public financing assistance to businesses or development adopt policies to define the criteria by which they will consider such assistance. The criteria typically start with the criteria for a specific business financing tool (TIF, revolving loan funds, etc.) and may include other criteria that are deemed appropriate by the local government. If the assistance is provided for true economic development (job and/or business retention, expansion or location), however, state law requires that the policy include job creation and wage goals, of some kind. The City's current policy, which is attached, is a number of years old and should be updated to comply with statutory changes and make appropriate references to applicable statutes. It would be best if this could be completed prior to the end 2006, so that the policies could be the basis for year end 2006 reports to the state. It will also be valuable to have a current policy in place to guide discussions with business and development prospects that approach staff on a confidential basis in advance of a formal development application or financing assistance application. When used in this way, the policy would not guaranty assistance, but would help 5 define what projects may be covered by the policies and would merit further consideration or application. EDC DISCUSSION OF UPDATED BAP AND TIF POLICIES Prior to the discontinuation of the Economic Development Commission earlier this year, the EDC Finance and Development Committee had completed drafts of the Business Assistance Policy and TIF Policy, which are attached. The format of the policies is to treat the Business Assistance Policy as an umbrella for all types of financing assistance and for policies related to specific types of assistance to be attachments to it. The group stressed the need to keep the policies understandable to the business or developer that might be requesting assistance, so other than legal references that are required by the statutes, the layout and language of the policies is purposely simplified. Job and Wage Goals The primary outstanding issue related to the criteria to be applied to Economic Development TIF Districts, specifically as they relate to job creation and wage goals. Such goals are legal requirements for such policies. The reason that job and wage goals are a requirement relates to the definition of economic development. The National Development Council defines "economic development" as private sector investment in long-lived physical plant and equipment, to increase productivity and to create new, permanent private sector jobs. The NDC defines the public sector role as encouraging such investment by a variety of means, sometimes including public financing assistance. Economic development literature typically focuses on head of household or living wage jobs. For that reason, state economic development programs and many, if not most, City policies have require that public financing assistance for economic development purposes result in the creation of jobs at or above a certain living wage level or leverage requirements of one job at a required wage level for every $xxxxx of assistance. Such wage levels often are defined as a multiple of the minimum wage, an annual calculation of a living wage or head of household wage or a prevailing wage for a particular type of job. Eagan's current policy is based on a prevailing wage standard for comparable jobs. Other policies set a basic wage rate as a prerequisite for consideration and award points for average wage rates for jobs created that substantially exceed that. An example of this approach is the Burnsville Business Assistance Policy and TIF Policy, which is attached. While not as simplified as a straight base standard, the factor weighting approach of the Burnsville policy allows it to both set a base level for wages and award greater points for higher numbers of higher paying jobs. _A0 In situations that do not relate to "economic development", such as redevelopment, renewal and replacement, soils correction and other property focused projects, other cities' business assistance policies permit the job creation and wage goals to be waived by the City in consideration of other public benefits. Again, the Burnsville policy is an example. The EDC Finance Committee discussed the matter at length and concluded that the City Council and the EDA would have the maximum flexibility if the policy did not set substantial minimums for jobs or wages and, as a consequence, prepared a draft policy that set the job and wage goals for a project at one job at the federal minimum wage. The Committee indicated that.it would understand if the Council wished to set higher standards in the policy or for a particular project, but the group took the approach of creating a low base that would be met in all cases rather than a higher one that might be waived if the job and wage goals were found not to apply to the type of project under consideration. Staff presented the more traditional approach of setting a particular job and wage level or leverage ratio would help the staff and the Council screen and evaluate proposals and applications for "economic development" projects. It would also control situations in which large amounts of public financing were being requested for projects that would only provide low paying jobs. The Committee agreed that both options should be presented to the Council for its consideration. The matter had not gone to the full Commission at the time that it discontinued its meetings. Other Issues Tax Abatement Policy In 1997, the state created the authority for cities, counties and school districts to create Tax Abatement Districts. Unlike tax increment where the City can make a decision to capture and use the incremental taxes from a development from all taxing jurisdictions, under tax abatement, each jurisdiction gets to determine whether to abate its portion of property taxes. A fact sheet regarding Tax Abatement is attached. The City of Eagan has not used this tool and, to date, has not had a policy statement for its use. Cities that do use the tool, typically only apply it to the incremental taxes from a development, but the statute does permit the abatement of the base tax amount as well. The EDC Finance Committee was reluctant to recommend a policy for the use of the tool, because of concerns that it would be difficult to adhere to the standard that the City would only abate incremental taxes and that there would be pressure and temptation to use the tool to bail out troubled businesses rather than encourage economic development and additional investment. 77 That having been said, as more cities use the tool, the City does receive inquiries as to whether the tool is available. It would be important to determine whether Eagan should develop a policy and whether the Council would be comfortable that a policy based on abatement of incremental taxes would resolve the EDC members' concerns. Revolving Loan Fund - TCCCF At the recommendation of the EDC, the City Council also approved participation in the Twin Cities Community Capital Fund, a pooled revolving loan fund. A fact sheet regarding the Fund is attached. The City capitalized its participation in the fund using the proceeds of two DEED grant/loan projects that were carried out and repaid in the 1990's. The fund allows loans to be packaged and issued up to ten times the amount of the City's participation ($2 million on the $200,000 investment) and, because the loans are combined and resold on the secondary market, it is possible for the fund to make multiple loans, rather than being limited to $200,000 or even $2,000,000. Loans are available for fixed assets at market rates with terms roughly matching the life of the assets acquired. The loans will only provide gap financing to businesses that can get conventional and/or SBA financing for a majority of the amount to be lent. The City has participated in publicizing the availability of the fund to area banks, but it seemed advisable to have the Business Assistance Policy update completed before more promotion of its availability to the business community. At the present time, the only eligibility criteria for the use of the fund would be that the project and loan amounts are credit worthy as determined by the primary bank and the TCCCF and that the applicant meets the Business Assistance Policy job and wage goals. This appears to be the common approach from discussions with other TCCCF members. This would be the approach staff would recommend, unless the Finance Committee and City Council conclude otherwise. A simple policy statement to that effect could be prepared and added under the Business Assistance Policy umbrella. POLICY QUESTIONS The primary policy questions that have been identified are: • Whether the basic approach to the Business Assistance and TIF Policies is appropriate and presented in a usable and understandable way? • Whether the City's economic development criteria should have a base of one minimum wage job to qualify for economic development business financing assistance or if a higher base or leverage approach would be more appropriate? 73 • Whether the City should consider developing and adopting a tax abatement policy? • Whether the City should apply additional criteria above the basic Business Assistance Policy to applicants for the Twin Cities Community Capital Fund? CONCLUSION The updates of the City's Business Assistance Policy and TIF Policy are in order for approval, with additional direction with respect to the job creation and wage goals. A Revolving Loan Fund/TCCCF Policy can be prepared if the background is satisfactory. Staff is requesting direction on whether to prepare a Tax Abatement Policy for consideration by the Committee and the City Council. Community Development Director Cc: Gene VanOverbeke, Director of Administrative Services Rebecca Kurtz, Ehlers and Associates Agenda Information Memo December 19, 2006 Eagan City Council Meeting N. 2007 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2007. FACTS: • Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the Council's approval. The proposed increases are primarily in the 1.6-5% range. ATTACHMENTS: • Consulting Engineering Fees, page . • Fee Increase Comparison, page y C y R ~ N C O U cc c D d c u v C c C W c N a1 O O ~ o c o :N r w r U c d v } p R C N ~O U m O C N U ¢ c w U C O O O ° O O O O N N N O N N N O 0 O O m n Cli (9 (9 H ~ t9 !A (9 (9 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d O O O O O O N N N N N 0 N N O O N N R r m N O M N m co I~ N r a 0 1`'> 01 U ~ Q M N f9 O m I~ O m m m m m (0 0 N d r r (9 H r (9 Vi 69 Vi (9 b9 (9 M d N Q V! 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F as = y 10 ° _ d _y yy aoi in 2 F " o a V a) N 2 L a) D V O L m w a) y L 7 y C N LL N Cn ` a) U ` C E W v~ a 2 r a Q° t c c w v 3 3 c d m°3 L) CO c) ¢ to a) u U c W R O O a) of U > a) u m E 3 d E c o 0 J d N 0 c C7 Q 0 co m O W c m t ti c m c 0 U U E W c 3 L c o a) y U W O p L d - O C (a U U U 3 3 c t U O '2 m r a) L u a E F- d d a CF m C 0 y o a` z CX 'r N O C C N rn `a) •U N 'C H C N "O U W W W C y W CF, cr. c c a W N a - a) W 'c Z L as rn R ? Q y 3 3 c ~a d co Q a) > c~ C 7 L 3 U Vr C O U N h a1 O y E _ f- 2 4) CX ~JJ 9 O C (D d f0 y C 2 a) W 0 a) `D C L 0~ ~ H a `O Q O O 7 m p 3 a) N ~ 7 N a) J y $ '0 l o w L) D N cl 4) c W 3 a) FT O `g m c d 5 v to h h rn o° LL C C N 'p CO N C 'p O U N fD`a LL co C co 'Z O E O d d d w0 N 3 y d - O co d CA d 20' 20' J d Cn W to U' to U co to W co d Q U c%) N CD 0 U' U' a. o LL Q K fo O ti Agenda Information Memo December 19, 2006 Eagan City Council Meeting 0. LANDSCAPE, MAILBOX & STORM SEWER OUTLET - STEEPLECHASE ENCROACHMENT & MAINTENANCE AGREEMENT ACTION TO BE CONSIDERED: Approve Encroachment and Maintenance Agreements for landscaping, mailbox shelters and storm drainage outlets with Toll MN, L.P. and Steeplechase of Eagan Condominium Association, Inc., and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The developer and property owners association for the Steeplechase development (Project 05-M) have asked to construct mailbox shelters to be maintained by the association within public right-of-way, namely on Steeplechase Lane and Steeplechase Court. They have also asked to landscape, with the association maintaining said landscape, upon a center island within the public right-of-way on Steeplechase Circle. • The developer has also constructed rock fagades on concrete outlets of certain ponds located within public easements within the Steeplechase development. • The City is responsible for the management of all infrastructure and fixed objects within the public right-of-way and easements. Accordingly, the City follows approved regulations and standards to enhance safety and limit the related liability. • The proposed agreement would authorize the developer and the association to construct, maintain and repair the improvements within the public right-of-way and easements. The developer and the association would be responsible for all costs relating to construction, maintenance and repair of the improvements, and the improvements would be constructed by the developer and the association in accordance with plans and specifications reviewed by City staff. • An agreement between the City of Eagan and Toll MN, L.P. and Steeplechase of Eagan Condominium Association, Inc., has been prepared providing for the cost and maintenance responsibilities for the proposed improvements within the public right- of-way and easements, as well as comprehensive liability insurance and indemnification for the City of Eagan. As set forth in the agreement, the developer and association shall bear 100% of all costs and responsibilities. • City staff have reviewed these agreements and found it to be similar to other landscape agreements and in order for favorable Council action. C~~ Agenda Information Memo December 19, 2006 Eagan City Council Meeting P. PROJECT 778, TH 149 UPGRADE MODIFIED MUNICIPAL AGREEMENT ACTION TO BE CONSIDERED: Approve a modified Cooperative Construction Municipal Agreement for Project 778 (Trunk Highway 149 - Street Upgrade and Trail Improvements) with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 778 provides for the upgrade of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail, south of Rich Valley Blvd. (Co. Rd. 71). The proposed project upgrades TH 149 to a 4-lane divided roadway, with 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. • On April 5, 2005, the City Council closed the public hearing and approved Project 778. The final plans and specifications have been submitted for approval by MnDOT staff. The acquisition of right-of-way and easements from 42 properties is proceeding in anticipation of Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. • Cost participation for the construction of Project 778 will include three public agencies; MnDOT, Eagan and Inver Grove Heights. In order to accommodate this multi-agency cost participation, a Municipal Agreement is required to be approved by all three agencies. • On August 15' 2006, the City Council approved a Municipal Agreement with Mn/DOT and Inver Grove Heights which identified $2,161,800 in State funding to be applied to the project. The Inver Grove Heights City Council approved the same agreement at its August 14, 2006 meeting. Subsequent to both Councils' approval, Mn/DOT requested that approximately $56,000 of additional traffic signal improvements be included in the project. Therefore, the previous Municipal Agreement must be modified to reflect the additional funding to be provided by Mn/DOT. • The modified agreement indicates that MnDOT will encumber the additional amount for a total of $2,217,800 for their contribution to the construction of Project 778. A portion of this sum, $494,150, has been designated to a segment of TH 149 within the limits of Inver Grove Heights. This agreement will allow Eagan, as the project lead agency, to manage this designated funding. • City staff have reviewed this agreement and found it to be similar to other cost participation and cooperative construction agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting Q PROJECT 950, OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION AND ACCESS IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 950 (Opperman Drive & TH 149-Intersection Reconfiguration and Access Improvements) and schedule a public hearing to be held on January 16, 2007. FACTS: • On December 4, 2006, the City Council received a petition from Thomson Legal and Regulatory and authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for 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, January 2, 2007. ATTACHMENTS: Draft Feasibility Report, attached without page numbers. ~5 Agenda Information Memo December 19, 2006 Eagan City Council Meeting R. CONTRACT 06-01, TH 149 UPGRADE FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION AGREEMENT ACTION TO BE CONSIDERED: Approve an Agency Agreement for Federal Participation in Advance Construction for Contract 06-01 (Trunk Highway 149- Street Upgrade and Trail Improvements) with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-01 provides for the upgrade of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail, south of Rich Valley Blvd. (Co. Rd. 71). The proposed project upgrades TH 149 to a 4-lane divided roadway, with 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. • On April 5, 2005, the City Council closed the public hearing and approved Project 778. The final plans and specifications have been submitted for approval by MnDOT and contract work is anticipated to proceed with Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. • The Federal Highway Administration (FHWA) has dedicated $6,094,000 towards the construction of Contract 06-01. Since this amount is greater than $1,000,000, an agreement is required to be approved between the City of Eagan and MnDOT. • An agreement between the City of Eagan and MnDOT has been prepared which provides for more efficient distribution of FHWA funds through MnDOT for the use of financing Contract 06-01. • City staff have reviewed this agreement and found it to be similar to other cost participation agreements and in order for favorable Council action. 8~ Agenda Information Memo December 19, 2006 Eagan City Council Meeting S. PROJECT 918, PILOT KNOB ROAD/CENTRAL PARKWAY & NORTHWOOD PARKWAY TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 918 (Pilot Knob Road and Lone Oak Road - Street and Traffic Signal Improvements) for the signal at Pilot Knob Road/Central Parkway and Northwood Parkway with the' Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Dakota County has completed the upgrade of Pilot Knob Road between Central Parkway and Lone Oak Road, including the addition of turn lanes and traffic signals. As part of this project, a new traffic signal has been installed at the Central Parkway/Pilot Knob Road intersection. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost, maintenance, and operation of the new traffic signal at Pilot Knob Road/Central Parkway and Northwood Parkway. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. Agenda Information Memo December 19, 2006 Eagan City Council Meeting T. 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. 10-87000-011-00 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 initial appraisal of the slope, drainage and utility easement for this property initially indicated a value of about $15,166. An offer was accordingly forwarded to the property owners. The property owners responded by providing their own appraisal, which was considerably higher in value. • The two appraisals agreed on the land value for the property in question. The difference in easement appraisal value was due to a difference in opinion on the value of the damages to the property caused by the easement. • A review of the City's original appraisal has indicated a higher value for the resulting damages to the property due to the easement. The City's appraiser has suggested a revised offer of $60,662.00 as an appropriate alternative. The property owner has consented to this revised offer. • An agreement between the City of Eagan and the owners of Parcel 10-87000-011-00, Outlot A, YMCA lst Addition, has been prepared providing for the acquisition cost for the necessary easement. • 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. 00 Agenda Information Memo December 19, 2006 Eagan City Council Meeting U. THIS ITEM HAS BEEN REMOVED Agenda Information Memo December 19, 2006 Eagan City Council Meeting V. THIS ITEM HAS BEEN REMOVED 9b Agenda Information Memo December 19, 2006 Eagan City Council W. FINAL SUBDIVISION (TOWN CENTRE 100 20TH ADDITION) - ANXON, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Town Centre 100 20th Addition) to create two lots upon 4.8 acres located at 1274 Town Centre Drive and 3420 Denmark Avenue in the NW'/4 of Section 15. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved August 15, 2006. ➢ This Subdivision will allow the construction of a new Walgreen's at Denmark Avenue and Town Centre Drive. ➢ All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page 9/ zb !p 3 ~ E fi;° P y' ~ a s ".y~ ~ ~ I <D a a a ~ 8 0 i ~ E 3 ~ $ $ I C~ ^ ~ ~ s y E sl LU Sa 3 I j 3 E es °I U ril- <r $ $a ~ ~ ? ~pag ~ F I I $ v' p I t, 3 8 8 eF' a s V o 3 03 ~ P ass ~ 18 y 9 z ~ F 3 ~ ~ i h a s •t I~ g2 t I s~ I 835 ~ I Y_ u H ~ _ ~ o ay o° a II - E$ _ 1 6~ I = a'c I w N v 32 ifi ~ ~ I I Ia 2a: 3 ~ ~?c a ~v s` 3y ! 7w ES j Ie9 I e I i I I> LI4 2~$e i3 eq ~3a2i2E g E ~1 Nip: ISV I tzea S -is; to K = ag I6r eE' 5a$: O N ~q 8 O i ~ wll I lQ$ sx e. • . oro ^ ~w 1-nwaa..... i•.e .I - W Xrr./' \ s I •'rs.r I de ~ e.~~/'d3 y Sfr, Z I o /~JO)g . _ + ~s Vii" se eC - a 5 I Z !n Z ~S I `.A. ~ ~'KS X o~ 311N3AV YMVYIN30 q lager s :.K+• r' t''~g t~ 4~ 99 Gf9 : ' o y 'r• I . 3 HB 00 I09 I rw.n. ar.:enr a -wos aa:a:rt..sr+~is w 3°~ $ . awwu ° o an svasss. 8 l.. v _ Ou F- ? V) W LLI > z N Z + + u5 Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: X. Approve a resolution accepting a $1,525.12 donation from the Eagan Firefighters Relief Association. - Fire Department. ACTION TO BE CONSIDERED: To approve a resolution accepting a $1525.12 donation from Eagan Firefighters Relief Association. FACTS: • The Eagan Firefighters Relief Association has would like to donate $1525.12 to the Fire Department for use in purchasing a Holmatro Hydraulic Rescue Cutting Tool for the Rescue Truck. • The Eagan Fire Department is requesting that these funds be applied towards buying the above mentioned Rescue Tool that will replace a tool purchased in 1974. • A thank you letter will be sent to the Eagan Firefighters Relief Association. ATTACHMENTS: Attached as page is the proposed resolution. 93 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on December 19, 2006, at 6:30 p.m. The following members were present: Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, The Eagan Firefighters Relief Association has offered to donate $1525.12 for use by the City of Eagan; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Firefighters Relief Association for the gracious and generous donation. ADOPTED this 19`~ day of December, 2006. Pat Geagan, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Memo December 19, 2006 Regular City Council Meeting CONSENT AGENDA: Y. APPROVE AGREEMENT WITH THE CITY OF EDEN PRARIE TO EXTEND WEB SITE SERVICES SUPPORT TO THE CITY OF EAGAN ACTION TO BE CONSIDERED: Approve agreement with the City of Eden Prairie to extend Web site services support to the City of Eagan. FACTS: • Eden Prairie is a Minnesota city with the same Content Management System (CMS) for its Web site as Eagan. • Eden Prairie and Eagan are both members of LOGIS, so our networking systems are similar. • Unlike Eagan, Eden Prairie has a computer programmer/developer on staff and because of its staff size, Eden Prairie has capacity to contract with Eagan to provide these services up to 20 hours per month. • Currently Eagan has been contracting with a California-based firm for custom development services and staff believes local project management will allow Eagan to better move ahead on implementing improvements from the 2006 Web site usability study and make significant improvements to the City's Intranet. • The city attorneys of both cities have reviewed the one-year agreement. • This line item is in the approved 2007 Communications Budget and the hourly rate represents a significant cost savings over other alternatives. ATTACHMENTS: • A copy of the agreement is on pages % to 0 of the packet. 66 AGREEMENT FOR THE CITY OF EDEN PRAIRIE TO EXTEND WEBSITE SERVICES SUPPORT TO THE CITY OF EAGAN THIS AGREEMENT, entered into by and between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation ("Eden Prairie"), and the CITY OF EAGAN a Minnesota municipal corporation ("Eagan"), is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS, Eagan has implemented Q-Publishing Content Management Software for management of web related content and requires technical support to operate and maintain the system; and WHEREAS, Eagan requires assistance interfacing with Quantum Art and LOGIS, entities obligated to provide support of Eagan's website and Intranet and to resolve any issues pertaining to the support of Eagan's Q-Publishing Content Management Software; and WHEREAS, Eden Prairie has implemented Q-Publishing Content Management Software for its own web related content, and has a more fully staffed Information Technology Department consisting of technical employees who have the time and skills necessary to provide the services required by Eagan, and; WHEREAS, Eagan desires to purchase website technical services from the City of Eden Prairie. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 1. SERVICES. 81872 1 A. Eden Prairie shall provide qualified Management Information Systems Employees of Eden Prairie ("Employees") to perform website (Intranet and Internet) related development and programming for Eagan. These services include the following: • Professional Programming & Development Service; • Software and Hardware upgrade as required; • Monitoring, troubleshooting and evaluation of website operation; and • Coordination with LOGIS, Eagan IT, and Quantum Art, as may be necessary. Eden Prairie will generally provide services within the normal working hours of 8:00 a.m. until 4:30 p.m., Monday through Friday. However, considerations will be made for emergency situations and system upgrades which may require off hours support. B. Eden Prairie shall be solely responsible for compensating the assigned Employee(s), including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of Eden Prairie. In addition, Eden Prairie shall be solely responsible for worker's compensation, reemployment insurance benefits, and other employee related laws, including OSHA, ERISA, RLSA, and FMLA. Eden Prairie shall retain the authority to supervise the Employees, including the right to hire, schedule, fire and discipline them. C. Eagan will provide the necessary VPN access, office, equipment, and supplies for the assigned Employee(s) to provide the services required hereunder and will bear all costs attendant thereto. Eagan is responsible for any additional licensing, software, and hardware necessary to operate and access network servers and other related equipment owned by Eagan. 91872 2 D. The Eagan Communications Director shall communicate the work to be performed by the assigned Employee(s) and required deadlines for performance. In the event of a disagreement about work direction, Eagan Communication Director will work with Eden Prairie IT Manager/CIO to resolve the issue. 2. PAYMENT. Eagan will compensate Eden Prairie for support services at an hourly rate of $83.33 per hour for a total of 20 hours per month. The payment of $1,666.60 is due by 15th of each month. Unless specifically agreed to in writing by both parties, in no case shall services exceed 240 hours or $19,999 per year. If the monthly services do not require the full 20 hours per month, the remaining unused hours will be banked for use at Eagan's request. If Eagan requests more than 20 hours in a given month; those hours will be billed at the normal hourly rate. Any previously unused or banked hours will be applied as a credit towards any hours above and beyond the allocated 20 hours per month. The total monthly request shall not exceed 40 hours. Eden Prairie shall provide an invoice detailing the hours and projects on a monthly basis for which Eagan is responsible to pay. 3. INDEMNIFICATION. Neither city is liable for the acts or omissions of the other city relating to its performance under this Agreement. 4. DATA PRACTICES ACT. The parties shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et. seq., to the extent that the Act is applicable to data and documents in the hands of both parties. 5. AUDITS. The books, records, documents, and accounting procedures and practices of the parties relevant to this Agreement are subject to examination by either party and the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 81872 3 g 6. CONFLICTS. No salaried officer or employee of the either party and no member of the City Council of either party shall have a financial interest, direct or indirect, in this Agreement. A violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 7. LIMITATION OF REMEDIES. In the event of a breach of this Agreement by either party, neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 8. TERMINATION, SEPARABILITY.. A. This Agreement may be terminated by either party upon ninety (90) days' written notice provided to the respective City Manager of Eden Prairie or City Clerk of Eagan. B. Upon the effective date of termination, no further amounts shall be due and payable by Eagan to Eden Prairie under Section 2 of this Agreement. Any paid but unused hours shall be reimbursed by Eden Prairie to Eagan. Any and all records or property of the respective cities will be returned to the appropriate city within 90 days. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. E. This agreement may not be assigned by any party without prior consent of the other party. F. This Agreement may be amended by written mutual agreement of the Parties. 81872 4 gq IN WITNESS WHEREOF, the Cities of EDEN PRAIRIE and EAGAN have caused this Agreement to be duly executed effective on the day and year last entered below. Dated: CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens Mayor of Eden Prairie By: Scott Neal City Manager of Eden Prairie Dated: CITY OF EAGAN By: Pat Geagan Mayor of Eagan By: Maria Peterson City Clerk of Eagan PAHomeEMENERAUEagan Contract-2006-11-22.doc 81872 5 100 Agenda Information Memo December 19, 2006 Eagan City Council Meeting Z. THIS ITEM HAS BEEN REMOVED Idl Agenda Memo December 19, 2006 City Council Meeting AA. 2007 RENEWAL OF CONTRACT WITH LIFEWORKS INC. ACTION TO BE CONSIDERED: Approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. FACTS: • Lifeworks provides unskilled employment opportunities for physically and mentally challenged adults. • The City of Eagan has contracted annually with Lifeworks Inc for the past 15 years to provide limited janitorial services, on a variable part-time basis, at park buildings designated by City staff. The efforts of Lifeworks are intended to supplement City staff. • The "Not to Exceed" contract total of $1,860 for 2007 has been incorporated into the approved 2007 Parks and Recreation Department operational budget. This represents a"0 increase over the 2006 cost. • Lifeworks provides an on-site supervisor, insurance and assumes liability for its staff. • The contract may be canceled by either party when appropriate notice has been given to the other party. ATTACHMENTS: None 1b2. Agenda Information Memo December 19, 2006 Eagan City Council Meeting BB. REZONING - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate a Rezoning of the property legally described as Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway in the SW '/4 of Section 9. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The subject site was guided Medium Density residential (MD) with the 2000 Comprehensive Plan Update. ➢ In order to allow the use on the property at that time (Richfield Blacktop) to remain as a conforming use and to maintain the required consistency between the Comprehensive Plan and the Zoning Map, the City subsequently rezoned the property to Transitional (T). ➢ While the site has some existing active Conditional Use Permits for outdoor storage of blacktopping vehicles and equipment, the current owner of the property has recently closed the business and put the property on the market for sale. ➢ The City Attorney has advised staff that due to the current inactivity of the site, the City should now rezone the property to R-3, Residential Townhouse in keeping with the ultimate use determined with the 2000 Comprehensive Plan Update. ATTACHMENTS: (1) Location Map on page 16 `L Eagan Boundary a N Right-of-way Location Map Park Area Park Are a - Building Footprint S.v 41 r ® / ~ a tae A i s f a'j E A ~ a ~ / pil ~ • TA C-- %be 1P Subject Site 114 - t~ ~ r RAWFA W*,~ ~ ® ` • I ~ 111 f I / ® o . 41 Y I ti f ■ L a' 4C . JLP 1000 0 1000 2000 Feet 3206 Sibley Memorial Highway Map Prepared using ERSI ArcView 3.1. Parcel base map data provided ~ o N by Dakota County Office of GIS and is current as of April 2D05. 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 and are S Community Development Department not responsible for errors or omissions. Agenda Information Memo December 19, 2006, Eagan City Council Meeting CC. EXTENSION FOR RECORDING FINAL SUBDIVISION - LO NIDY ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record the Final Subdivision for Lo Nidy located at the southwest intersection Yankee Doodle Road and Highway 149 in the NW 1/4 of Section 13. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Subdivision was approved on October 17, 2006. The plat is required to be recorded within 60 days of approval. ➢ Due to difficulties in finalizing the Development Contract, the applicant is unable to record the plat within the 60 day timeframe. ATTACHMENTS (1): Location Map on page iv~ Eagan Boundary N Right-of-way Location Map Parcel Area Park Area - Building Footprint ® ea n ~ o f ® 3 s D y~ .t r ? ~ A ~ ~ ~ B ~ 3+ B gs ` ' s! 3 ~ f ~ , 0 emu, * ~ ! • ~ ef*B i 13 ~ ti 1r• f ~ M A i Subject Site ` I PNKEE DOODLE RD.I o-~ Q 5 3 O 2 a D ~o *fp b 16 • Q 1000 0 1000 2000 Feet Development/Developer.. Lo Nidy Application: Extension Case No.: Map Prepared using ERSI ArcYiew 3.1. Parcel base map data provided O N tiy' pnf] qn by Dakota County Office of GIS and is current as of April 2005. My of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Agenda Memo December 19, 2006 City Council Meeting DD. ACCEPT A DONATION FROM THE DAKOTA COUNTY CENTER FOR THE ARTS FOR PERSONAL PROPERTY LOCATED AT THE EAGAN ART HOUSE ACTION TO BE CONSIDERED: Accept a donation of personal property located at the Eagan Art House (other than business, financial, confidential or operational documents) from the Dakota Center for the Arts, dba The Eagan Art House. FACTS: • At their November 9, 2006 meeting the City Council approved a plan to integrate the existing Art House programs into the Recreation Division. • With the Department of Parks and Recreation absorbing the arts programming the Eagan Art House Board changed the mission of their non-profit organization to become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House. The board will retain its role in managing the Eagan Arts Festival with proceeds to benefit the Eagan Art House. • Over the past several years the Art House Board has purchased equipment and supplies to sustain the operation of the arts programming conducted in the Art House. • Since the Board will no longer be facilitating the programming component they wish to donate all personal property located at the Eagan Art House to the City of Eagan Parks and Recreation Department for use by the department for community art classes. • It is expected that this donation will help provide a seamless transition from the Art House Board to the department by the end of this year. • An inventory and agreed value of all items will be completed by January 31 and submitted to the City of Eagan ATTACHMENTS: • Letter from Eagan Art House Board on page. 10-7 VAIR EAGAN ART MOUSE 3981 Lexington Avenue South Eagan, MN 55123 651-686-9134 www.eaganarthouse.org December 13, 2006 City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 The Dakota Center for the Arts, dba The Eagan Art House, wishes to donate all ownership rights in its personal property (other than business, financial, confidential, or operational documents) located at the Eagan Art House to the City of Eagan Parks and Recreation Department for use by the department in the provision of community art classes. This donation will help provide a seamless transition as operations move from the Eagan Art House Board to the Parks and Recreation Department at the end of this year. An inventory and agreed value of all items will be completed by January 31 and submitted to the City. Sincerely, Vicki Wright Board President I "v Agenda Information Memo December 19, 2006 Eagan City Council Meeting PUBLIC HEARINGS A. 2006 (PAYABLE 2007) PROPERTY TAX LEVY ACTION TO BE CONSIDERED: Approve the proposed 2006 (payable 2007) property tax levy as follows: General Revenue: General Fund S 19,067,200 Equipment Revolving Fund 905,440 Gen Facilities R/R Fund 134,010 Major Street Fund 1,247,812 MVHCIDCC Capital 950,100 Subtotal General Revenue 22,304,562 Debt service: Community Center bonds 1,198,523 Total City-wide Levy 23.503.085 Cedarvale Special Services Dist. 13.0-0-0 FACTS: • The City held a Truth-in-Taxation public hearing on December 4 to consider the 2007 General Fund budget and the payable 2007 property tax levy. No input from the public was provided at the hearing. • The State requires that the levy be formally adopted at a subsequent hearing. • The final levy must be certified to the County by December 30. • No changes have been made to the general City levy or the Cedarvale Special Services District levy as presented at the December 4 meeting. ATTACHMENTS: • Enclosed on page M is a copy of the resolution adopting the final levy. J~8 RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2007 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 19, 2006, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember , and seconded by Councilmember NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2007 as follows: Revenues: General Fund $ 19,067,200 Equipment Revolving Fund 905,440 Major Street Fund 1,247,812 General Facilities Renewal/Replacement Fund 134,010 MVHC/DCC Capital 950,100 Subtotal Revenues 22,304,562 Debt: Community Center/Central Park bonds 1,198,523 Total City-Wide Levy 23.503.085 Cedarvale Special Services District Levy $ 3.000 Dated: December 19, 2006 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of December, 2006. Maria Petersen, City Clerk I~ Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. Proposed 2007 General Fund Budget ACTIONS TO BE CONSIDERED: • Approve the proposed 2007 General Fund budget. • Approve 2007 expenditures in the total amount of $134,900 appropriated from the General Fund fund balance for: o Police CJIIN Project $ 45,600 o CHIN IT Needs Assessment 34,500 o DCC dispatch start-up costs 54.800 $ 134,900 FACTS: • The City held a Truth-in-Taxation public hearing on December 4 to consider the 2007 General Fund budget and the payable 2007 property tax levy. • The State requires the budget be adopted subsequent to the 2007 levy. • No changes were made to the budget pursuant to the Truth-in-Taxation hearing. • No changes were made to the above-listed items to be paid from the General Fund fund balance from what was presented to the Council in August. ATTACHMENTS: • Enclosed on pages ~ through are copies of comparative summaries of revenues and expenditures for the General Fund. C 2007 Comparative Summary of Expenditures General Fund Budget 2004 2005 2006 2007 Budget Actual Actual Budget Proposed GENERAL GOVERNMENT 01 Mayor & Council $ 108,380 $ 112,577 $ 121,900 $ 127,500 02 Administration 705,281 532,276 502,100 485,200 03 Information Technologies 907,676 1,135,655 1,060,000 1,141,400 04 City Clerk 304,334 225,887 294,900 229,000 05 Finance 767,946 821,927 900,400 955,200 06 Legal 387,499 478,504 400,700 458,000 07 Comm Dev-Planning/ED 675,316 820,341 813,900 880,100 08 Comm Dev-Inspections 852,828 925,919 999,300 906,300 09 Communications 369,985 401,639 394,500 452,800 10 Human Resources With Admin 231,800 240,500 241,900 Gen Govt Total 5,079,245 5,686,525 5,728,200 5,877,400 PUBLIC SAFETY 11 Police Administration 477,100 Investigations 1,453,100 Patrol 5,739,600 Support Services 2,162,800 Total Police 7,735,803 8,778,306 9,334,500 9,832,600 12 Fire Administration 961,800 Operations 173,800 Inspections/prevent 228,600 Support 177,500 Total Fire 1,025,743 1,100,821 1,218,500 1,541,700 Public Safety Total 8,761,546 9,879,127 10,553,000 11,374,300 PUBLIC WORKS 21 Public Works/Engineering 1,108,634 1,206,353 1,315,900 1,138,900 22 Streets 1,352,192 1,412,796 1,454,000 1,617,400 24 Central Svices. Maint. 440,601 441,541 485,900 531,800 Public Works Total 2,901,427 3,060,690 3,255,800 3,288,100 PARKS & RECREATION Parks & Recreation 30 Recreation 2,053,900 31 Parks 1,737,200 Total Parks and Rec. 3,053,375 3,246,188 3,429,000 3,791,100 32 Tree Conservation 321,180 386,240 408,400 464,100 Parks & Rec Total 3,374,555 3,632,428 3,837,400 4,255,200 GENL GOVT BLDG MAINT 33 Building Maintenance 583,442 647,788 616,200 639,400 Total Expenditures- General Fund $ 20,700,215 22,906,558 23,990,600 25,434,400 41 Contingency-undesignated - 26,900 14,900 Transfer Out 1,575,000 - Total Expenditures + Contingency $24.481.558 $ 24.017.500 $ 25.449.300 2007 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 2004 2005 2006 2007 Actual Actual Budget Proposed General Property Taxes $ 16,214,910 $ 17,292,300 $ 18,225,400 $ 19,067,200 Licenses 250,736 248,507 261,600 260,900 Permits 1,010,638 1,057,785 972,200 818,600 Intergovernmental Rev 662,375 591,389 595,500 568,900 Charges for Services 1,187,572 1,310,369 1,019,200 1,157,000 Recreation Charges 581,092 509,100 616,300 935,200 Fines & Forfeits 271,447 287,149 268,300 282,100 Other Revenues 268,989 381,869 350,200 459,500 Program Revenues 1,100,221 1,309,569 1,314,200 1,447,100 Transfers 369,920 402,392 394,600 452,800 TOTAL GENERAL FUND $ 21,917,900 $ 23,390,429 $ 24,017,500 $ 25,449,300 Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. Proposed 2007 Cedarvale Special Services District Budget ACTION TO BE CONSIDERED: Approve the proposed 2007 Cedarvale Special Services District Fund budget. FACTS: • Staff sent notices to all Cedarvale Special Services District property owners explaining the proposed budget and levy, and inviting them to attend the Truth-in- Taxation hearing. • The City held a Truth-in-Taxation public hearing on December 4 to consider the 2007 Cedarvale Special Services District budget and the payable 2007 property tax levy. • The State requires the budget be adopted subsequent to the 2007 levy. • No changes were made to the budget pursuant to the Truth-in-Taxation hearing. ATTACHMENTS: • Enclosed on page I is a copy of the 2007 revenues and expenditures budget for the Cedarvale Special Services District Fund. 113 City of Eapn 2007 Proposed Budget Operating Budget Special Revenue Funds - Cedarvale Special Services District (119) Expenditures by Category HIGHLIGHTS & CHANGES Overview: The proposed 2007 Cedarvale Special Services & Services District budget is expected to be about the Cd same as the 2006 budget both on the revenue and Charges 100% expenditure side. Highlight/Change 1: None Financial Impact: None Service Level Impact: None. REVENUE & EXPENDITURE DETAIL Revised 2004 2005 2006 2007 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 11,076 $ 8,748 $ 6,181 $ 3,081 Revenues: Special Services District Taxes 2,088 2,003 3,000 3,000 Interest on Investments 130 157 300 300 Total Revenues 2,218 2,160 3,300 3,300 Expenditures: Professional Services-Auditing 500 500 500 500 Mowing 3,066 3,461 3,400 3,500 Fertilizer and Weed Control - - 1,400 1,400 Sign Maintenance 980 766 1,100 900 Total Expenditures 4,546 4,727 6,400 6,300 Excess of Revenue Over(Under) Expenditures (2,328) (2,567) (3,100) (3,000) Fund Balance, End of Year $ 8,748 $ 6,181 $ 3,081 $ 81 Il y Agenda Information Memo December 19, 2006 Eagan City Council Meeting D. PROJ 946 THOMAS CENTER DRIVE - STREET IMPROVEMENTS THOMAS LAKE ROAD - TRAIL IMPROVEMENTS) ACTION TO BE CONSIDERED: Approve Project 946 (Thomas Center Drive - Street Improvements/ Thomas Lake Road Trail 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 seventeen years, the City has rehabilitated approximately 87 miles of local streets. • The resurfacing of Thomas Center Drive (Thomas Lake Road to Cliff Road) has been programmed for 2007 in the City's 5-Year Capital Improvement Program (CIP). • On Dec. 13, 2004, the City Council adopted a Community Trail System Policy to help identify, prioritize and facilitate the installation of remaining trail segments throughout the city. The installation of a bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, was reaffirmed as important to the City's commitment as a walkable community and has been identified as one of the highest priorities (#5 of 26) to be constructed. In accordance with this policy, remaining trail segments such as this are to be included with adjacent street improvement projects for cost effective economies of scale. It subsequently was programmed for 2007 in the 5-Year CIP adopted by the Council on June 7, 2005 and again on June 6, 2006. • 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 Thomas Center Drive, and the trail installation on Thomas Lake Road. • On November 21, 2006, the feasibility report for Project 946 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 14 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 10 total properties (all commercial/ industrial) proposed to be assessed under the Thomas Center Drive improvement, and 8 properties adjacent to the Thomas Lake Road improvement (all single- family with no assessment proposed), one property owner representing one property (along Thomas Lake Road) attended the informational meeting. Two written objections from one property to the Thomas Lake Road trail have been submitted and are enclosed. • Also enclosed is a map showing properties in the Mallard Drive neighborhood that petitioned for crosswalk improvements across Thomas Lake Road at Mallard Drive in March, 2006. At that time, City staff responded to the petitioners that this uncontrolled intersection would not be an appropriate location for a crosswalk, and that these proposed trail improvements would provide connection and access to the existing crosswalk at the Highline Trail. • 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, pagesigthrough/34. • Informational Meeting Minutes & Attendees, pagesL7and 13 8 • Correspondence, pages and /C/0 . • Map of Crosswalk Petitioners (March 2006), page/ 115 City of Ea all Report for Thomas Center Drive Street Revitalization/ Thomas Lake Road Trail Improvements City Project No. 946 December, 2006 E C ~ M a _ K r F ~T K I I 1 of Ea~an. December 15, 2006 Pat Geagan 1 Honorable Mayor and City Council MAYOR City of Eagan 3 Pilot Knob Road Peggy Carlson Eagan, MN 55122 Cyndee Fields Re: Thomas Center Drive Street Revitalization Mike Maguire Thomas Lake Road Trail Improvements Meg Tilley City Project No. 946 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges Attached is our report for the Thomas Center Drive Street Revitalization & Thomas Lake CITY ADMINISTRATOR Road Trail Improvements, City Project No. 946. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone John P. Gorder 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 MAINTENANCE FACILITY Engineer under the laws of the State of Minnesota. 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone f John P. Gorder 651.675.5360 fax 651.454.8535 TDD Date: l,2-'0 "06 Reg. No. 22813 Reviewed By: www.cityofeagan.com Dept. Public Works Date: 1-2 Revie ~d By: THE LONE OAK TREE Finance Dept. Date: The symbol of strength and growth in our community. I I`1 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction ............................................................:..........................................2 Scope 4 Feasibility and Recommendations ..............................................................................4 Street Evaluation 5 Proposed Improvements ..........................................................................................5 Easements/Permits 8 Cost Estimate 8 Assessments 9 Commercial/Industrial • ..................................................................9 Thomas Center Driveway Entrance Replacement ...................................................10 Assessment Financing Options 10 Revenue Source 10 Project Schedule ....................................................................................................11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2A Thomas Center Drive - Street Improvement/Assessment Area Map - 213 Thomas Lake Road Trail Improvements 3 Typical Section - Overlay 4 Concrete Entrance - Detail Plate 11~ December 2006 Thomas Center Drive Street Revitalization Thomas Lake Road Trail Improvements Introduction/ History Thomas Center Drive Street - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 0.3 miles of 44-foot wide Thomas Center Drive, from Cliff Road to Thomas Lake Road, in south-central Eagan is identified for the 2007 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. Thomas Center Drive was constructed in 1982. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 24 - 26 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Thomas Center Drive -2- - _ ;E s` ss. 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 Thomas Center Drive was seal coated in 1988 and again in 1997. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer 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 pavement if not combined with the proposed bituminous overlay proposed with this project. Thomas Lake Road Trail - In accordance with the City 2007-2011 Capital Improvement Program, an 8-foot wide bituminous trail is proposed along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, within existing public right-of-way, approximately 1,900 feet to the north. This long-planned trail segment will provide increased connectivity of the City trail system. Thomas Center Drive 3 _ ~Lo 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 0.3 miles of roadway. Figure 2A, located in Appendix C, illustrate the project limits of Thomas Center Drive. The project also provides for the construction of an 8-foot wide bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail. Figure 2B illustrates the project limits of the proposed trail. Feasibility and Recommendations The mill & overlay project on Thomas Center Drive is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. The trail project is necessary to provide for safe pedestrian and vehicle movement along Thomas Lake Road. The mill & overlay portion of the project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The trail portion is cost-effective in that the trail and associated improvements will be combined with the mill & overlay improvements within the City to encourage additional cost savings due to the benefit of scale. The mill & overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (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 combination with other similar projects in the area. Thomas Center Drive -4- 1 I~ Street Evaluation - Thomas Center Drive 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 j Routine Maintenance/Crack Seal/Seal Coat j 36 - 55 I Patch/Repair and/or Overlay 0 - 35 F Reconstruct The 2006 PCI ranking for Thomas Center Drive has a pavement condition rating of 51 which falls in the "Patch/Repair and/or Overlay" category. Therefore, the 2007 construction season is the optimal time to construct the bituminous overlay on this street. Proposed Improvements - Thomas Center Drive Pavement - The proposed street improvements for Thomas Center Drive are shown in Figure 3. The existing street section for the collector street consists of 4" bituminous pavement supported by 8" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for commercial/ industrial streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Thomas Center Drive -5- 1--~? Concrete curb & gutter - Damaged curb gutter and sidewalk will be replaced if severely cracked, spalled, or settled. Boulevard turf will r be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail - "1- - 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 it's establishment in the first 30 days after placement, adjacent property owners 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 turf grass areas. 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. 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 ten truncated _ dome pedestrian ramps on the concrete sidewalk within the _ project area. = r t t Example of a truncated dome pedestrian ramp Thomas Center Drive -6- 113 Driveway Replacement - While the properties north and west of Thomas Center Drive within have concrete driveway aprons consistent r with current City standards, the properties along the south and east sides of Thomas Center Drive (Thomas Lake Center) were z • constructed with bituminous driveway - entrances and are proposed to be replaced. The entrances will be reconstructed with 7-thick concrete entrance aprons in accordance with Eagan Standard Detail 440, as shown on Figure 4. This driveway entrance replacement provides commercial entrances of adequate strength and width and is consistent with similar past projects in commercial/ industrial areas throughout the City and the other properties within the project area. Proposed Improvements - Thomas Lake Road This project provides for the construction of an 8-foot wide bituminous trail with an 8-foot boulevard green space along the west side of Thomas Lake Road from the existing bituminous trail stub north of Thomas Center Drive to the Highline Trail, approximately 1,900 feet north, as shown on Figure 2B. This portion of the project also provides for the installation of truncated dome pedestrian ramps on the bituminous trail at all intersecting public streets within the project area. Thomas Center Drive -7- IZ4 .E F' ;,T `"mot g4 j; rf` X L 6 YY , ,7a L,m Thomas Lake Road Aerial Photo Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 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: Thomas Center Drive/ Thomas Lake Road • Edge Mill and Overlay w/ Signage $63,930 • Repair Existing Concrete Curb & Gutter/ Sidewalk $25,050 • Concrete Entrance Replacement $31,540 • Thomas Lake Road Trail $57,750 Total $178,270 Thomas Center Drive -8- I~ Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Commercial/Industrial 100% 0% Repair Existing Concrete Curb and Gutter 0% 100% Concrete Entrance Replacement 100% 0% Bituminous Trail - Collector Street 0% 100% Commercial and Industrial Lots - Thomas Center Drive Street Improvements All commercial and industrial lots as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for collector streets, regardless of width. The estimated cost per adjacent lot area to be assessed based on the City Assessment Policy is $2,427/ acre and is calculated as follows: 1) % Commercial/Industrial Assessable = 2,427 f.f. / 2,766 (total .f.) = 87.7% 2) [$63,930 (Mill & Overlay Cost) x 100% x 87.7%] =$56,070 (Total Commercial/ Industrial Assessment) 3) $56,070 (Commercial/Industrial Assessment) 4 $2,427/ acre 23.1 Acres Commercial/Industrial Thomas Center Drive -9- I2-flool Thomas Center Drive Driveway Entrance Replacement All adjacent commercial/ industrial properties with driveways not to current City standards are proposed to be assessed the total cost of driveway entrance replacement improvements on the area of driveway installed. The total driveway improvement assessment per lot is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances, on Thomas Center Drive, in accordance with current City standards. The estimated cost of driveway replacement is approximately $95.58 S.Y. replaced. The existing concrete driveway entrance to 1579 Cliff Road (PID 10-75925-050-01) is proposed to be repaired with no assessment to the property. 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 ten years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example of a $10,000 assessment with an estimated 5.5% interest for the assessed amounts: Interest Cost Principal Per Year Per Year Per Year First Year $1,000 j $550 $1,550 Tenth Year $1,000 $55 $1,055 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $ 63,930 $ 56,070 ($7,860) (with Signage) Repair Existing Curb $ 25,050 -0- ($25,050) Concrete Entrances $ 31,540 $ 22,940 ($8,600) Thomas Lake Trail $ 57,750 -0- ($57,750) Total $178,270 $ 79,010 ($99,260) The City's Major Street Fund will finance the estimated project deficit of $99,260 (56% of total) Thomas Center Drive 1 2] Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting December 14, 2006 Public Hearing December 19, 2006 Approve Plans and Specifications January, 2007 Award Contract February, 2007 Project Completion ................................................................................August, 2007 Final Cost Report September, 2007 Final Assessment Hearing Fall, 2007 First Payment Due with Property Tax Statement May 15, 2008 Thomas Center Drive -11- I~' Appendix A -Street Overlay - City Project No. 946 Preliminary Cost Estimate Thomas Center Drive 1. Bituminous Street Overlay Est. Unit Est. Item Unit Qty- Price Cost Mobilization L.S. 1 $2,500.00. $2,500 Edge Mill Bituminous Pavement S.Y. 1760 $1.15 $2,020 Type 2350/60 Wear Course Mixture Ton 600 $50.00 $30,000 Bituminous Material for Tack Coat Gal. 300 $2.00 $600 Adjust Water Valve Box - Riser Adjustment Each 3 $175.00 $530 Repair Valve To Section w/ cover Each 2 $275.00 $550 Adjust Frame & Ring Casting (Manhole) Each 10 $400.00 $4,000 MH Riser Installation Each 4 $140.00 $560 Traffic Control L.S. 1 $2,000.00 $2,000 4-Inch White Striping L.F. 200 $0.50 $100 4-Inch Double Yellow Striping L.F. 1,300 $1.00 $1,300 Replace Traffic & Street Signs L.S. 1 $2,680.00 $2,680 Subtotal $ 46,840 +5% Contingencies $2,340 Subtotal $49,180 + 30% Indirect Costs $14,750 TOTAL- STREET $63,930 H. Repair Existing Concrete Curb & Gutter/ Sidewalk Est. Unit Est. Item Unit Qty- Price Cost Remove Concrete Curb and Gutter L.F. 300 $5.00 $1,500 Remove Concrete Sidewalk S.F. 300 $5.00 $ 1,500 Remove Bit Trail S.F. 200 $5.00 $1,000 B618 Concrete Curb and Gutter L.F. 300 $15.00 $4,500 Remove Valle Gutter S.Y. 5 $20.00 $100 7" Concrete Valle Gutter S.Y. 5 $50.00 $250 Adjust Frame & Ring Casting (C.B) Each 5 $300.00 $1,500 R & R Frame & Ring Casting (C.B) Each 1 $300.00 $400 Sod w/To soil S.Y. 80 $12.00 $960 Bituminous Driveway Patching S.Y. 20 $26.00 $520 Bituminous Street Patching Ton 5 $90.00 $450 Class 5 Aggregate Base Ton 10 $20.00 $ 200 i-2-9 Truncated Dome Warning Paver (2' x 2') Each 20 $120.00 $ 2,400 Bituminous Path Patching S.Y. 15 $26.00 $390 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 630 $4.25 $2,680 Subtotal $18,350 +5% Contingencies $920 Subtotal $19,270 +30% Indirect Costs $5,780 TOTAL CURB $25,050 III. Driveway Entrance Replacement Est. Unit Est. Item Unit Qty. Price Cost Driveway Entrance Replacement S.Y. 330 $70.00 $23,100 Subtotal $23,100 + 5% Contingencies $1,160 Subtotal $24,260 + 30% Indirect Costs $7,280 Total - Driveway $31,540 IV. Thomas Lake Road Trail Est. Unit Est. Item Unit Qty- Price Cost Mobilization LS 1 $1,000.00 $1,000 Remove Concrete Curb and Gutter LF 50 $7.00 $ 350 Common Excavation CY 700 $12.00 $ 8,400 6" Aggregate Base, Cl. 5 (100% Crushed) TON 550 $20.00 $11,000 2" Bituminous Walk (LV45030B) TON 200 $55.00 $11,000 Pedestrian Ramps (w/ Truncated Domes) EA 2 $800.00 $ 1,600 Sod and 4" Topsoil SY 1,500 $5.00 $ 7,500 B618 Concrete Curb and Gutter L.F. 50 $15.00 $750 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 160 $4.25 $680 Subtotal $ 42,300 + 5% Contingencies $ 2,120 Subtotal $ 44,420 +30% Indirect Costs $ 13,330 TOTAL THOMAS LAKE TRAIL $ 57,750 Total Proiect Cost $178,270 Appendix B - City Project No. 946 Preliminary Assessment Roll Thomas Center Drive Street D/W Area Rate/ Overlay D/W Rate D/W Total COMMERCIAL/ INDUSTRIAL P.I.N. Acres Acre Assmt SY SY Assmt Assmt LIFE TIME FITNESS ADDITION 1565 THOMAS CENTER DR 10-45400-010-01 9.4 $2,427 $22,810 $22,810 Subtotal 9.4 SAFARI AT EAGAN 3'm 1595 THOMAS CENTER DR 10-65827-010-01 2.6 $2,427 $6,310 $6,310 10-65827-030-01 0.6* $1,460 $1,460 10-65827-040-01 0.6* $1,460 $1,460 1575/1580/ 1585/ 1590 10-65827-050-01 0.6* $1,460 $1,460 THOMAS CENTER DR 10-65827-060-01 0.6* $2,427 $1,460 $1,460 Subtotal 5.0 $12,150 THOMAS LAKE CENTER No Address 10-75925-020-01 1.0 $2,427 $2,430 70 $95.58 $6,690 $9,120 1570 THOMAS CENTER DR 10-75925-060-01 0.9 $2,427 $2,180 80 $95.58 $7,650 $9,830 1565 CLIFF RD 10-75925-010-01 5.8 $2,427 $14,080 90 $95.58 $8,600 $22,680 1579 CLIFF RD 10-75925-050-01 1.0 $2,427 $2,430 $2,430 Subtotal 8.7 $21,110 Totals 23.1 $56,070 240 $22,940 $79,010 Includes Lot acreage (0.2 acres) plus 0.4 acres common area for each lot 13~ Qa w pa° Q z w 0 L:i SILVER BELL RD. N° ■ CITY HALL DEERWOOD DR. 0 a O °z m = Z ¢ .1 o: CAD DIFFLEY ROAD 0 Y~ d Y W Q Z O = K U ~ g m F Project Location IhLE LN. P5 t~ nqr' s THOWS p . CENTER / CLIFF ROAD CLIFF ROAD 0 10/24/06 Thomas Center Drive Neighborhood Street Revitalization City of Evan Thomas Lake Road - Trails Improvements Fig. 1 Engineering Department Location Map - Project 946 13~ N W Y I i J6 , - I (I 021 b31N~0 StWOHl~ a p 4 i 1';,t;1 V 'o: Nom, j (V y3` CM rte, - Y Z A ~3 . a ' a'. r Z Q W M `l Y Z L N a. ti?- r = 1 t 4; :ate. - may. i• t ' N W N E N w O Q a U L :n ys 77 fn H w N O I J L W z 7 - Z w Q w L w w< C Z O caw o a- z- = "a x= 1 z z O °w O Oc) OIL) U) Z T Q Xw ww O Lij ~i y 5 R~ '4,•; 1 1 \ Yom" `o iJ Z K 1 L' Ti t 11 JAM\' -.y-ham r- )r R - ,y~"p~x {as C51 L3 s e ~ ~ ,r .j I~ `fib I,t fF ~ }~~1y ~ J~ 1 ~ .iyY J~ y Y j Ca' Z~' v l~ - may- *i EXISTINGit. HIGHLINEr~ dge TRAIL P~~ a e- . 4 V ar, Ya- Ilnt1 % t-A NEW X81 01---------- BITUMINOUS , TRAIL r :y kph y~ r _ ~e •t v A Y y 4 K I K - 1 7 £ { " ~x 3 CENTEl3 EXISTING TRAIL •Q ~ • L I~ T " 'raft +.r<r'<J~'v TY: 1 C F. WROt - - = CLIFF ROAD. k 10/24/06 Thomas Lake Road City of Eagan Trails Improvements ~~t r Fig. 2B Engineering Department Location Map - Project 946 60' ROW 44' (F-F) "i. -~.r !'•"`t r is .t{. EX. SIDEWALK 4" BITUMINOUS SURFACE EX. B618 CURB 8" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 44' (F-F) EDGE MILL (6'-8' wide) Typ. 11/2" WEAR COURSE BITUMINOUS OVERLAY 2350 / 60 REPLACE EX. CURB & EX. SIDEWALK GUTTER AS DIRECTED BITUMINOUS TACK COAT 4" BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 17 -t 3-D6 } q gn Thomas Center Drive ~t of l EQ Qll Fig. 3 Typical Sections - Project 943 Engineering Department SLOPE 3/4" PER FT, .v A d a - v ..d . • •d ° ° -I I I I I-I I I I I I-1 I I-1 I I-Ili-III-1 I' ~ _ - NOTE: 7" MINIMUM THICKNESS REQUIRED ON ENTIRE APRON. SUITABLE GRANULAR SUBGRADE OR CL. 5 (100% COMPACTION) EXCAVATE SUBGRADE TO ACCOMODATE 7" THICKNESS AT FLOW LINE SECTION A-A MAXIMUM 8' TRANSVERSE JOINT BETWEEN JOINTS A 25' Min Rod. I B6 Curb d . .4 N 12'-g„ 9 a 'e U ° a d ~oX. U. CONTRACTION JOINT EXPANSION JOINT A (TYP.) 1. WHERE NEW DRIVEWAYS ARE TO BE ADDED 3. CONTRACTION JOINT PATTERN TO BE ACROSS EXISTING C&G, REMOVE EXISTING DETERMINED BY ENGINEER. C&G AND REPOUR INTEGRAL WITH THE CONCRETE ENTRANCE. 4. REQUIRED MIX DESIGNATION = 3A32 2. CONCRETE APRON REQUIRED FOR ALL ENTRANCES. PLAN G:DETAIL PLATES/E440 Thomas Center Drive STANDARD d R PLATE no Concrete Entrance Apron Fig.4 City of Eav I Project Department 946 440 CITY PROJECT NO 946 INFORMATIONAL NEIGHBORHOOD MEETING THOMAS CENTER DRIVE - STREET REVITALIZATION THOMAS LAKE ROAD THURSDAY, DECEMBER 14, 2006 7:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 1 residents representing 1 property (see attached sign-in sheet). A. Presentation of Project Details • The one resident attendee lives at the northwest corner of Thomas Lake Road and Mallard Drive. Gorder welcomed the resident and provided information on the proposed trail project along Thomas Lake Road. . B. Questions/ Comments I live at 1555 Mallard Drive and am disappointed with the proposed trail construction as it impacts substantial vegetation, landscaped and natural, along Thomas Lake Road. Gorder shared the need for the trail, and that the trail is proposed entirely within City right-of-way. Gorder also informed the resident of the petition (March 2006) from Mallard Drive area residents looking for pedestrian crosswalk and improvements at Thomas Lake Road. Gorder indicated that this segment of trail will provide safer pedestrian connections for the neighborhood to Thomas Lake School and the Thomas Lake Center commercial area. The installation of a trail is in keeping with the Community Trail System Policy would make Thomas Lake Road more consistent with most other collector roadways, with pedestrian facilities available on both sides of the street. The meeting adjourned at 8:00 p.m. G:Proj-Cont/946/Minutes - Thomas Center - Lake t NEIGHBORHOOD MEETING Thomas Centre Drive Project No. 946 City of Eap Thursday, December 14, 2006 7:30 p.m. NAMES ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet I RECEIVED 1555 Mallard Drive Eagan, MN 55122 DEC 103 2006 December 11, 2006 ENlaNfu Mr. John P. Gorder, PE ENGINEERING DEPARTMENT Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Thomas Lake Road Trail Improvement, City Project No. 946 Dear Mr. Gorder: I am contacting you regarding a letter received from you and the City of Eagan, sent to property owners affected by City Project No. 946, Thomas Lake Road Trail Improvements. I am one of the property owners that resides at 1555 Mallard Drive, on the corner of Thomas Lake Road. The proposed bike trail will run through the boulevard of my side lawn. I am opposed to the proposed bike trail extension. Unfortunately,-due to travel-commitments.for-my work as a Project Architect for Target Corporation, I am not able to attend the neighborhood informational meeting or the hearing, set for this December. The trail extension is not needed. This same issue came before the City Council in 2001 and was resolved, being voted down and determined as unnecessary. Construction of the bituminous trail will require the cutting down of over 155 trees of 2" in diameter and larger, between Thomas Lake Center and the highiine trail. This count does not include saplings or brush type bushes. This truly is a situation of "paving paradise". There is an existing six-foot concrete sidewalk on the east side of Thomas Lake Road, which is not properly maintained. There is considerable overgrowth along the edges of the walk. If the walk were edged there would be almost an additional foot of clean walkway. The volume of foot and bike traffic on that walk does not warrant an expansion to the west side of the street. I have talked to several of my neighbors since receiving the letter, and no one sees the need for a trail on both sides of the street. The shoulder of Thomas Lake Road is of adequate width for bike traffic to exist safely along with the car traffic. I have maintained the boulevard along my property as lawn for the past 16 years. The easement is heavily landscaped with evergreens, shrubs and bushes and watered with an in-ground lawn irrigation system. Much of that will be damaged or destroyed with the construction of this proposed path. Before this landscaping had matured there was a constant problem of bikers cutting the corner across my lawn. This new path will encourage such activity again. This proposed trail will literally run people through my lawn and greatly compromise the privacy of my yard and gardens. I encourage you to be resourceful and stop this destruction of natural resources and waste of tax revenues on this not needed, or wanted, project. Thank you for your considerations regarding this issue. I would be glad to discuss this with you further. My home telephone number is 651-452-9217. SS ck Page 1 of 1 John Goirder From: neagbour@comcast.net Sent: Friday, December 15, 2006 11:17 AM To: John Gorder Subject: Please pass this on to the city council, Thank you December 14, 2006 dear Mr. Gorder, Mayor and City Council members, As part owner of the single family home most effected by the proposed upcoming Eagan City Project No. 946, I would ike to write you concerning this bituminous trail. I was given to understand at the Neighborhood Meeting on December 14, that the issue of the bike trail was brought up through a petition signed by 12 residents. These 12 residents were requesting a crosswalk be designated at the corner of Mallard Drive, crossing Thomas Lake Road, so that a total of 8 ,hildren could make use of it on their way to school. These 12 people requested a crosswalk and not a bike trail. In a etter from Tim Plath, Transportation Engineer, it was suggested that rather than paint a crosswalk onto Thomas Lake toad, a 275 foot bi tuminous trail be laid on the west side, running north towards the school and again running south for 1,625 feet in the opposite direction from that in which the children would travel. The cost of City Project 946 is estimated it over $178,000.00, in order to take the children in the opposite direction of which they wish to go! None of the 12 >igners of the petition attended the meeting, which shows their lack of interest in this project. P he proposed bike trail is simply not needed or wanted by the residents located nearby. Constructing the trail will require he removal of hundreds of trees, some of which have grown to a height of 25 feet or more. Over 30,000 square feet of .voods and brush will need to be ripped up and destroyed in order for a bituminous trail to be laid down. You do not add )eauty to Eagan by ripping out natural wooded areas and installing more tar paths. Thomas Lake Road is already a paved wo-lane road with 8 feet wide paved shoulders on both sides. An 8 foot wide paved shoulder is more than enough room .or bicycles or pedestrians to travel safely, even with traffic. Adding yet another 8 feet of bituminous next to the 8 foot ;boulder is certainly not needed and seems rather redundant. There is also a 4 foot concrete sidewalk with an additional 12 foot boulevard on the east side of Thomas Lake Road that, ,ven though it could use some repair, seems to be so lightly traveled by either pedestrians or bicyclists that to duplicate it in the west side of the same road is unwarranted. believe that rather than duplicate lightly used features that are already in place and to spend $178,000.00 on a )ituminous trail that the residents did not request, is a waste of the city of Eagan's monies. This proposed bike trail was ,onsidered by the City Council in 2001 and deeming the project wasteful and unnecessary, they wisely voted it down. ?lease consider this letter before you order this wasteful project. Certainly there must be a more useful project to allocate he $178,000.00 to? Fhank you for your time and consideration, fames Neagbour 1555 Mallard Drive Hagan, MN 55122 7D 12/15/2006 --41P♦ Von 0,0 ♦ ~4WRAMa MAW Q ♦ • Mw* UV ♦'i•• i'. 1555 Q :ate ,r,Y Q a1 4472 Q~"~ LL ~o N. MALLARD ul 4471 4489 Q~ 4490 1:4493 S ~~C I ^ 4497 ~P p PROPOSED BITUMINOUS TRAIL 1 1 1 O~1 1 Pc' CENTER 0"k n , F1 Mallard Drive Neighborhood 12/1406 Engineering City of ~tm~ Department Crosswalk Improvement Petitioners I Agenda Information Memo December 19, 2006 Eagan City Council Meeting E. PROJ 948, WESTBURY ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 948 (Westbury Addition 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 seventeen years, the City has rehabilitated approximately 87 miles of local streets. • The resurfacing of streets within Westbury Addition, south of Wescott Road and west of Lexington 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 the streets in the Westbury neighborhood. • On November 21, 2006, the feasibility report for Project 948 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 14 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 141 total properties (all single-family) proposed to be assessed under this improvement, three property owners representing three properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS- • Feasibility Report, pages~through A50, • Informational Meeting Minutes & Attendees, pages and 1 ~-2 City of Eapn Report for Westbury 1" - 4th Additions Neighborhood Street Revitalization City Project No. 948 December, 2006 3 -MEN / Y3 City of Eapn December 15, 2006 Pat Geagan MAYOR Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Re: Westbury I"- 4th Additions Street Improvements Meg Tilley City Project No. 948 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Westbury 1" - 4th Additions Street Revitalization, City Project No. 948, 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 Roadj Eagan, MN 55122-1810 John P. Corder, 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 ep4of blic Works Date: - O ~ Re : THE LONE OAK TREE Finance pt. Date: The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................1 Scope 3 Feasibility and Recommendations ..............................................................................3 Street Evaluation 4 Proposed Improvements ..........................................................................................4 Rain Gardens / Infiltration Areas ..........................................................................6 Easements/Permits 6 Cost Estimate 7 Assessments 7 Low Density Residential 7 Assessment Financing Options 8 Revenue Source 8 Project Schedule ...................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay December 2006 Westbury 1St - 4th Additions Street Revitalization Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and .implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 1.3 miles of 32' wide local residential streets within the Westbury 1St - 4th Additions neighborhood area are identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed in 1984 and 1985, as part of adjacent development. Westbury Additions J~ 1 11W hit. has a _ -I Irk, F~ Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood were seal coated various times between 1994 and 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, 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. Westbury Additions Pam 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 13 ) miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project, is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride-ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (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. Westbury Additions e ~k 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 _ j 56 - 100 ; Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0-35 ! Reconstruct The 2006 PCI rankings for the Westbury 1St - 4th Additions has a neighborhood weighted average pavement condition rating of 42 which falls in the rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2007 construction season is the optimal time to construct the bituminous overlay on these streets. Proposed Improvements Pavement - The proposed street improvements are shown in Figures 3. The existing street section consists of 3 bituminous pavement supported by 6 gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6-8' wide) to accommodate a 1 t/2-inch bituminous overlay. The overlay, combined with the existing = street section, will provide a street section consistent with current City standards for a residential street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Westbury Additions Pate Concrete curb & gutter - Damaged curb and gutter will be replaced if~ severely cracked, spalled, or settled. It is estimated that approximately 10% (0.3 miles) of the existing concrete curb and gutter will have to be replaced. - Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. 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. 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 -w _ installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for 1 r r d - the installation of four truncated - i dome pedestrian ramps on the Y _ bituminous paths on local r intersecting streets at Wescott/ Westbury Drive and Lexington/ Westbury Drive. Westbury Additions /t r~ is a, Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Rain Gardens/ Infiltration Areas Reducing storm water runoff volumes and re-charging the groundwater system through infiltration has recently been emphasized at the local, state, and federal levels of government. At time of development of neighborhoods such as Westbury, provisions for reducing the amount of storm water runoff from impervious surfaces, such as yard rain gardens and infiltration areas were not considered. Neighborhood street revitalization projects as proposed under this project provide an opportunity to investigate potential added storm water runoff controls. City staff will present information on the benefits and features of rain gardens to area residents to solicit interest, as part of the public notices and informational meetings for this project. If residents are interested, City staff will provide educational materials and review specific properties for the feasibility of rain garden installations. 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. Westbury Additions Page 6 /J/ 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 $ 202,240 • Repair Existing Concrete Curb & Gutter $ 78,290 Total Project Cost $ 280,530 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/ Signage • Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (141 total, all single-family) as shown on Figure 2, having direct driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per Westbury Additions Page 7 /5c~__ residential lot equivalent to be assessed based on the City Assessment Policy is $717 per Single Family Lot and is calculated as follows: 1) [$202,240 (Mill & Overlay Cost) x 50%]= $101,120 [Total Residential Assessment (R-1, 2, 3)] 2) $101,120 (Total Residential Assessment) 4 $717 / lot 141 Equivalent Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is 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 = $717 Principal Interest Cost Per Year Per Year Per Year First Year $143 $39 $182 Fifth Year $143 $ 8 $151 Revenue Source A summary of revenue sources is listed below: Project Cost Property City Contribution Assessment Mill and Overlay $202,240 $101,120 ($101,120) Repair Ex. Curb $ 78,290 -0- 78,290) Totals $280,530 $101,120 ($179,410) The City's Major Street Fund will finance the estimated project deficit of $179,410 (64% of total). Westbury Additions Page 8 /.5.3 Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting December, 2006 Public Hearing December 19, 2006 Approve Plans and Specifications January, 2007 Award Contract February, 2007 Project Completion August, 2007 Final Cost Report September, 2007 Final Assessment Hearing Fall 2007 First Payment Due with Property Tax Statement ..................................Mayl 5, 2008 Westbury Additions Page 10 /S Y Appendix A -Street Overlay - City Project No. 948 Preliminary Cost Estimate Westbury I" - 4cn Additions 1. Bituminous Street Overlay Est. Unit Est. Item Unit Q . Price Cost Mobilization L.S. 1 $2,500.00 $2,500 Edge Mill Bituminous Pavement S.Y. 9890 $1.25 $12,360 Type 2350/60 Wear Course Mixture Ton 2200 $50.00 $110,000 Bituminous Material for Tack Coat Gal. 1180 $2.00 $2,360 Repair Valve To Section w/ cover Each 3 $275.00 $550 Adjust Water Valve Box - Riser Adjustment Each 15 $175.00 $2,630 Adjust Frame & Ring Casting (Manhole) Each 23 $400.00 $9,200 MH Riser Installation Each 24 $140.00 $3,360 Replace Traffic & Street Signs L.S. 1 $3,200.00 $3,200 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $148,160 + 5% Contingencies $7,410 Subtotal $155,570 + 30% Indirect Costs $46,670 TOTAL - STREET $202,240 . H. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Q . Price Cost Remove Concrete Curb and Gutter L.F. 1500 $5.00 $7,500 Remove Bit. Trail S.F. 250 $5.00 $1,250 D412 Concrete Curb and Gutter L.F. 1400 $20.00 $28,000 B618 Concrete Curb and Gutter L.F. 100 $21.00 $2,100 Remove Concrete Valley Gutter S.Y. 10 $20.00 $200 7" Concrete Valley Gutter S.Y. 10 $50.00 $500 Adjust Frame & Ring Casting (C.B) Each 7 $300.00 $25100 Sod w/To soil S.Y. 400 $12.00 $4,800 Bituminous Driveway Patching S.Y. 100 $24.00 $2,400 Bituminous Path Patching S.Y. 15 $26.00 $390 Bituminous Street Patching Ton 50 $90.00 $4,500 Truncated Dome Warning Paver (2' x 2') Each 16 $120.00 $ 1,920 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 280 $4.25 $ 1,190 R & R CB Casting Each 1 $300.00 $300 Inlet Protection Each 7 $100.00 $100 Est. Unit Est. Item Unit Qty- Price Cost II. Repair Existing Concrete Curb & Gutter continued Class 5 Aggregate Base Ton 5 $20.00 $100 Subtotal $ 57,350 + 5% Contingencies $2,870 Subtotal $60,220 + 30% Indirect Costs $18,070 TOTAL - CURB $78,290 TOTAL PROJECT COST $280,530 Appendix B - City Project No. 948 Preliminary Assessment Roll Westbury 1St - 4th Additions Street Overlay Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Westbury 1st Addition Block 1 3897 Westbury Dr. 10-83650-040-01 1 $717 $717 3891 Westbury Dr. 10-83650-030-01 1 $717 $717 3885 Westbury Dr. 10-83650-020-01 1 $717 $717 3879 Westbury Dr. 10-83650-010-01 1 $717 $717 Subtotal 4 $2,870 Westbury 1st Addition Block 2 3873 Westbury Dr. 10-83650-090-02 1 $717 $717 3867 Westbury Dr. 10-83650-080-02 1 $717 $717 3861 Westbury Dr. 10-83650-070-02 1 $717 $717 3855 Westbury Dr. 10-83650-060-02 1 $717 $717 3849 Westbury Dr. 10-83650-050-02 1 $717 $717 3843 Westbury Dr. 10-83650-040-02 1 $717 $717 3837 Westbury Dr. 10-83650-030-02 1 $717 $717 3831 Westbury Dr. 10-83650-020-02 1 $717 $717 3825 Westbury Dr. 10-83650-010-02 1 $717 $717 Subtotal 9 $6,450 Westbury 1st Addition Block 3 3813 Westbury Ln. 10-83650-050-03 1 $717 $717 3805 Westbury Ln. 10-83650-040-03 1 $717 $717 3812 Westbury Dr. 10-83650-030-03 1 $717 $717 3818 Westbury Dr. 10-83650-020-03 1 $717 $717 3824 Westbury Dr. 10-83650-010-03 1 $717 $717 1129 Westbury Path 10-83650-100-03 1 $717 $717 1.125 Westbury Path 10-83650-090-03 1 $717 $717 1121 Westbury Path 10-83650-080-03 1 $717 $717 1117 Westbury Path 10-83650-070-03 1 $717 $717 1113 Westbury Path 10-83650-060-03 1 $717 $717 Subtotal 10 $7,170 Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Westbury 1st Addition Block 4 3848 Westbury Dr. 10-83650-060-04 1 $717 $717 3854 Westbury Dr. 10-83650-070-04 1 $717 $717 3860 Westbury Dr. 10-83650-080-04 1 $717 $717 3866 Westbury Dr. 10-83650-090-04 1 $717 $717 3872 Westbury Dr. 10-83650-100-04' 1 $717 $717 3878 Westbury Dr. 10-83650-110-04 1 $717 $717 3884 Westbury Dr. 10-83650-120-04 1 $717 $717 3890 Westbury Dr. 10-83650-130-04 1 $717 $717 3896 Westbury Dr. 10-83650-140-04 1 $717 $717 3902 Westbury Dr. 10-83650-150-04 1 $717 $717 3908 Westbury Dr. 10-83650-160-04 1 $717 $717 3914 Westbury Dr. 10-83650-170-04 1 $717 $717 3920 Westbury Dr. 10-83650-180-04 1 $717 $717 3926 Westbury Dr. 10-83650-190-04 1 $717 $717 3932 Westbury Dr. 10-83650-200-04 1 $717 $717 3938 Westbury Dr. 10-83650-210-04 1 $717 $717 1112 Westbury Path 10-83650-010-04 1 $717 $717 1116 Westbury Path 10-83650-020-04 1 $717 $717 1120 Westbury Path 10-83650-030-04 1 $717 $717 1124 Westbury Path 10-83650-040-04 1 $717 $717 1128 Westbury Path 10-83650-050-04 1 $717 $717 Subtotal 21 $15,060 Westbury 1st Addition Block 5 3951 Westbury Dr. 10-83650-061-05 1 $717 $717 3945 Westbury Dr. 10-83650-051-05 1 $717 $717 3939 Westbury Dr. 10-83650-040-05 1 $717 $717 3933 Westbury Dr. 10-83650-030-05 1 $717 $717 .3927 Westbury Dr. 10-83650-020-05 1 $717 $717 3921 Westbury Dr. 10-83650-010-05 1 $717 $717 Subtotal 6 $4,300 Westbury 2nd Addition Block 1 3819 Westbury Dr. 10-83651-050-01 1 $717 $717 3813 Westbury Dr. 10-83651-040-01 1 $717 $717 3809 Westbury Dr. 10-83651-030-01 1 $717 $717 /~U Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total 3805 Westbury Dr. 10-83651-020-01 1 $717 $717 3801 Westbury Dr. 10-83651-010-01 1 $717 $717 Subtotal 5 $3,590 Westbury 2nd Addition Block 2 3800 Westbury Ln. 10-83651-010-02 1 $717 $717 3804 Westbury Ln. 10-83651-020-02 1 $717 $717 No address (vacant) 10-83651-030-02 1 $717 $717 No address (vacant) 10-83651-040-02 1 $717 $717 No address (vacant) 10-83651-050-02 1 $717 $717 3820 Westbury Ln. 10-83651-060-02 1 $717 $717 3824 Westbury Ln. 10-83651-070-02 1 $717 $717 3828 Westbury Ln. 10-83651-080-02 1 $717 $717 3832 Westbury Ln. 10-83651-090-02 1 $717 $717 3836 Westbury Ln. 10-83651-100-02 1 $717 $717 3840 Westbury Ln. 10-83651-110-02 1 $717 $717 Subtotal 11 $7,890 Westbury 3rd Addition Block 1 3844 Westbury Ln. 10-83652-010-01 1 $717 $717 3848 Westbury Ln. 10-83652-020-01 1 $717 $717 3852 Westbury Ln. 10-83652-030-01 1 $717 $717 3856 Westbury Ln. 10-83652-040-01 1 $717 $717 3860 Westbury Ln. 10-83652-050-01 1 $717 $717 3864 Westbury Ln. 10-83652-060-01 1 $717 $717 3868 Westbury Ln. 10-83652-070-01 1 $717 $717 3872 Westbury Ln. 10-83652-080-01 1 $717 $717 3876 Westbury Ln. 10-83652-090-01 1 $717 $717 3880 Westbury Ln. 10-83652-100-01 1 $717 $717 3884 Westbury Ln. 10-83652-110-01 1 $717 $717 3888 Westbury Ln. 10-83652-120-01 1 $717 $717 3892 Westbury Ln. 10-83652-130-01 1 $717 $717 Subtotal 13 $9,320 Westbury 3rd Addition Block 2 3865 Westbury Ln. 10-83652-140-02 1 $717 $717 3861 Westbury Ln. 10-83652-130-02 1 $717 $717 Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total 3857 Westbury Ln. 10-83652-120-02 1 $717 $717 3853 Westbury Ln. 10-83652-110-02 1 $717 $717 3849 Westbury Ln, 10-83652-100-02 1 $717 $717 1137 Westbury Circle 10-83652-090-02 1 $717 $717 1140 Westbury Circle 10-83652-080-02 1 $717 $717 1136 Westbury Circle 10-83652-070-02 1 $717 $717 1132 Westbury Circle 10-83652-060-02 1 $717 $717 1128 Westbury Circle 10-83652-050-02 1 $717 $717 1124 Westbury Circle 10-83652-040-02 . 1 $717 $717 1120 Westbury Circle 10-83652-030-02 1 $717 $717 1116 Westbury Circle 10-83652-020-02 1 $717 $717 1112 Westbury Circle 10-83652-010-02 1 $717 $717 Subtotal 14 510,040 Westbury 4th Addition Block 1 3901 Westbury Way 10-83653-010-01 1 $717 $717 3905 Westbury Way 10-83653-020-01 1 $717 $717.. 3909 Westbury Way 10-83653-030-01 1 $717 $717 3913 Westbury Way 10-83653-040-01 1 $717 $717 3917 Westbury Way 10-83653-050-01 1 $717 $717 3921 Westbury Way 10-83653-060-01 1 $717 $717 3933 Westbury Way 10-83653-070-01 1 $717 $717 3902 Westbury Trail 10-83653-160-01 1 $717 $717 3906 Westbury Trail 10-83653-150-01 1 $717 $717 3910 Westbury Trail 10-83653-140-01 1 $717 $717 3914 Westbury Trail 10-83653-130-01 1 $717 $717 3918 Westbury Trail 10-83653-120-01 1 $717 $717 3922 Westbury Trail 10-83653-110-01 1 $717 $717 3926 Westbury Trail 10-83653-100-01 1 $717 $717 3930 Westbury Trail 10-83653-090-01 1 $717 $717 3934 Westbury Trail 10-83653-080-01 1 $717 $717 Subtotal 16 $11,470 Westbury 4th Addition Block 2 1159 Westbury Knoll 10-83653-050-02 1 $717 $717 1163 Westbury Knoll 10-83653-040-02 1 $717 $717 1167 Westbury Knoll 10-83653-030-02 1 $717 $717 A6 Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total 1171 Westbury Knoll 10-83653-020-02 1 $717 $717 1175 Westbury Knoll 10-83653-010-02 1 $717 $717 Subtotal 5 $3,590 Westbury 4th Addition Block 3 3935 Westbury Trail 10-83653-080-03 1 $717 $717 3931 Westbury Trail 10-83653-070-03 1 $717 $717 3927 Westbury Trail 10-83653-060-03 1 $717 $717 3923 Westbury Trail 10-83653-050-03 1 $717 $717 3919 Westbury Trail 10-83653-040-03 1 $717 $717 1174 Westbury Knoll 10-83653-010-03 1 $717 $717 1170 Westbury Knoll 10-83653-020-03 1 $717 $717 1166 Westbury Knoll 10-83653-030-03 1 $717 $717 3967 Westbury Way 10-83653-090-03 1 $717 $717 3971 Westbury Way 10-83653-100-03 1 $717 $717 3972 Westbury Way 10-83653-110-03 1 $717 $717 3968 Westbury Way 10-83653-120-03 1 $717 $717 3964 Westbury Way 10-83653-130-03 1 $717 $717 3960 Westbury Way 10-83653-140-03 1 $717 $717 3956 Westbury Way 10-83653-150-03 1 $717 $717 3952 Westbury Way 10-83653-160-03 1 $717 $717 3948 Westbury Way 10-83653-170-03 1 $717 $717 3944 Westbury Way 10-83653-180-03 1 $717 $717 Subtotal 18 $12,910 Westbury 4th Addition Block 4 3936 Westbury Way 10-83653-080-04 1 $717 $717 3932 Westbury Way 10-83653-070-04 1 $717 $717 3928 Westbury Way 10-83653-060-04 1 $717 $717 3924 Westbury Way 10-83653-050-04 1 $717 $717 3920 Westbury Way 10-83653-040-04 1 $717 $717 3916 Westbury Way 10-83653-030-04 1 $717 $717 3912 Westbury Way 10-83653-020-04 1 $717 $717 3908 Westbury Way 10-83653-010-04 1 $717. $717 Subtotal 8 $5,740 Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Westbury 4th Addition Block Outlot A 10-83653-010-00 1 $717 $717 Subtotal 1 $717 Property Totals Single Family Lots 141 TOTAL $101,120 Q LONE OAK ROAD ONE OAK ROAD (m W.%) U V L ❑ Q O co Z O a ~Q M LONE OAK RD. YANKEE DOODLE ROAD L .auw LLI Q Project Location a Z O Z U W ❑ X Zm qIUCKWOOD DR. W J po ROAD WESCOTT ■ MY HALL J~ tim Q'E" ~cu DEERWOOD AVE. F- O O O ~ o i o m ~ Z M Y DIFFLEY ROAD JO DIFFLEY ROAD ~ a T-4 0 10/16/06 Westbu - 4th Additions City of Eakan Neighborhood Street Revitalization Fig. 1 Engineering Department Location Map - Project 948 WESCOTT ROAD 7 ~7 W E.t~ S 361 380J 805 B^i i 1 3 4 NO SCALE LOO ~oa1 / 3 - j 3419 - ( DR. - z 1 3820 -825 _ J 3824. 3624 3818 -38~ 3805 387 3g37 , J ~ I J ~1 ti"' t ~ 1 417 111:3 112EI I i...+ 112 1 3838. W.BURY PATH I , r - ~ xy~ xq: ~ l " - r x~~x ~ _ 3840 1128 1124 1120 1116 1112 T d ' 384,t, ~ v ~ t S X14 f .Ik - 3648 1137 1140 3852"., @ . 35; ti x,533 3856 3813 : I ` / 365 i t " 3860. } 364 z ~ _ 3865, „P,S ~ - 1 x j _ ~~.'9 1132 t-m - 38F 3890 389 1128 1124% W 1120 - ~ - J 3508 3914) Future thru Street`1~ y " 3884- ( Planned w/`_ I - Development') 3920 ~393 r 3902 /3926 3888 ~l ~II0~11 3932 3901 l - rt'~ = Y~ - c~` .3410 zv X1174' KNOLL 3905" f3r 14 3921 ~ 391 ~i170 9 \ x:3927 3x91$ )09.. 3908 3923 3922 X3913 1 3912~s ~mm 4 " ct~ ~ ~ 1176 I ~ ~ m ~ ® - 927 1 < 3926-x'3917" f 3916 Q = 3920 io 3931 I X3921 3930- t A 31487 3924 7 1- 3934 3933 3971 y, 3935 ~ -3928 , WESTBURY " X972 I LEGEND - = ® ® ASSESSMENT AREA 8 atin OUTLOT c x''364 3952 394 39 STREET IMPROVEMENTS 10-16-06 G:Project & Contract Info\0948\Fesibility Report\FIG2A Wes st - Additions Ir , City of Eap Neighborhood Street Revitalization Fig. 2 Project 948 - Assessment Area Engineering Department 60' ROW 32' (F-F) 3" BITUMINOUS SURFACE EX. D412 CURB 6" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 32' (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 :cal Section 10-16-06 City of Eapn West u s- 4th Additions Fig. 3 Engineering Department Typical Sections - Project 948 CITY PROJECT NO 948 INFORMATIONAL NEIGHBORHOOD MEETING WESTBURY STREET REVITALIZATION THURSDAY, DECEMBER 14, 2006 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 3 residents representing 3 properties (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments I have a corner lot, am I being assessed more than others in the neighborhood? No, the assessments for this type of improvements in a residential neighborhood are on a per lot basis, with all 141 lots assessed equally. Has any neighborhood been successful in contracting with just one garbage hauler? The City ordinance requiring garbage pickup on certain days of the week in certain areas is intended to encourage residents to contract with one hauler in a neighborhood. Although, Gorder is not aware of one that has been successful in doing so. A resident expressed an interest in a rain garden in their yard on Westbury Lane. Staff will provide further information and put the resident in contact with Dakota County Soil & Water Conservation District (SWCD) staff to discuss possible rain garden grants for interested homeowners. The meeting adjourned at 7:00 p.m. G:Proj-Cont/948/Minutes - Westbury NEIGHBORHOOD MEETING Westbury Addition Project No. 948 City of Eayn Thursday, December 14, 2006 6:30 p.m. NAME ADDRESS _ 1 r -7 LU 2. Lvl~ ~ L r 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet Agenda Information Memo December 19, 2006 Eagan City Council Meeting F. PROJ 949, LEXINGTON SQUARE ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 949 (Lexington Square Addition 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 seventeen years, the City has rehabilitated approximately 87 miles of local streets. • The resurfacing of streets within Lexington Square Addition, south of Wescott Road and east of Lexington 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 the streets in the Lexington Square neighborhood. • On November 21, 2006, the feasibility report for Project 949 was presented to the City Council and a Public Hearing was scheduled for December 19 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 13 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 360 total properties (all single-family) proposed to be assessed under this improvement, four property owners representing three properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report , pages&through~ • Informational Meeting Minutes & Attendees, page/_?7 and ?!~D . t~ 6 City of Ea aR Report for Lexington Square Additions Neighborhood Street Revitalization City Project No. 949 December, 2006 169 41 C ity of Eapn Pat Geagan December 15, 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: Lexington Square Addition Street Revitalization City Project No. 949 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Lexington Square Addition Street Revitalization, City Project No. 949. 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 PGorder, 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 (b? ' A~?-IA 651.675.5300 phone John P. Gorder 651.675.5360 fax Date: - 157-06 Reg. No. 22813 651.454.8535 TDD Reviewed By: r www.cityofeagan.com G Dept. ofP lie Works Date: (2- 5 "C) Reviewed y. THE LONE OAK TREE Finance Dept. Date: The symbol of strength and growth in our community. 17o 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 Rain Gardens/ Infiltration Areas .........................................................................................................6 Easements/Permits ................................................................................................................................6 Cost Estimate 6 Assessments ...........................................................................................................................................7 Low Density Residential .........................................................................................................7 Assessment Financing Options ............................................................................................................7 Revenue Source .....................................................................................................................................8 Project Schedule .....................................................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2/ 2A &B Street Improvement/Assessment Area Map - 3 Typical Section - Overlay December 2006 Neighborhood Street Revitalization Lexington Square Addition 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 3.2 miles of 32' wide local residential streets within the Lexington Square Addition neighborhood area are identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed from 1984 to 1987, as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying 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. Lexington Square Additions ~ 2 Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements: The streets in the neighborhood were seal coated various times between 1989 and 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, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 3.2 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is the replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Lexington Square Additions Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride-ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (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 I Recommended Improvement 56 - 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay J F -0- 35 I 'Reconstruct The 2006 PCI rankings for the Lexington Square Addition has a neighborhood weighted average pavement condition rating of 48 which falls in the rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2007 construction season is the optimal time to construct the bituminous overlay on these streets. Lexington Square Additions /7 y Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section consists of 3" bituminous pavement supported by 4" to 6" gravel base and granular sub grade material. The existing bituminous ` surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/z-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 9% (0.6 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. 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. Lexington S dty'pnc ge/ 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 R across the width of all pedestrian ramps. This project provides for the installation of four truncated L - dome pedestrian ramps on the 5 bituminous paths on local intersecting streets at Lexington's and Savannah Road and also at - Wescott Road and Danbury Trail. Example of a truncated dome pedestrian ramp i S Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Lexington S ~ns e~ Rain Gardens/ Infiltration Areas Reducing storm water runoff volumes and re-charging the groundwater system through infiltration has recently been emphasized at the local, state, and federal levels of government. At time of development of neighborhoods such as Lexington Square, provisions for reducing the amount of storm water runoff from impervious surfaces, such as yard rain gardens and infiltration areas were not considered. Neighborhood street revitalization projects as proposed under this project provide an opportunity to investigate potential added storm water runoff controls. City staff will present information on the benefits and features of rain gardens to area residents to solicit interest, as part of the public notices and informational meetings for this project. If residents are interested, City staff will provide educational materials and review specific properties for the feasibility of rain garden installations. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 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 $ 488,890 • Repair Existing Concrete Curb & Gutter $ 158,220 Total Project Cost 6~ 47,110 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 Lexington e i s 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/ Signage a Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (360 Total, all single-family) as shown on Figures 2A & 2B, 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 streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $679 per Single Family Lot and is calculated as follows: 1) [$488,890 (Mill & Overlay Cost + Signage Cost) x 50%] = $244,450 [Total Residential Assessment (R-1, 2, 3)] 2) $244,450 (Total Residential Assessment) 4 $679 / lot 360 Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is 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: Lexington 0 P ~;e Single Family Residential Lot = $679 Principal Interest Cost Per Year Per Year Per Year First Year $ 136 $37 $173 Fifth Year $ 136 $7 $143 Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay $488,890 $244,450 ($244,450) Repair Existing Curb $158,220 -0- ($158,220) Totals $647,110 $2449450 ($402,670) The City's Major Street Fund will finance the estimated project deficit of $402,670 (62% of total). Lexington S 7,,ditions Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ......................................................November 21, 2006 Neighborhood Meeting December, 2006 Public Hearing December 19, 2006 Approve Plans and Specifications January, 2007 Award Contract February, 2007 Project Completion ................................................................................August, 2007 Final Cost Report September, 2007 Final Assessment Hearing Fall, 2007 First Payment Due with Property Tax Statement ..................................May 15, 2008 Lexington S A Lions a_ c 25 Appendix A -Street Overlay - City Project No. 949 Preliminary Cost Estimate Lexington Square Additions 1. Bituminous Street Overlay Est. Unit Est. Item Unit Qty- Price Cost Mobilization L.S. 1 $2,500.00 $2,500 Edge Mill Bituminous Pavement S.Y. 24,650 $1.25 $30,810 Type 2350/60 Wear Course Mixture Ton 5,500 $50.00 $275,000 Bituminous Material for Tack Coat Gal. 2,960 $2.00 $5,920 Adjust Water Valve Box - Riser Adjustment Each 42 $175.00 $7,350 Repair Valve Top Section w/ cover Each 13 $275.00 $3,580 Adjust Frame & Ring Casting (Manhole) Each 44 $400.00 $17,600 MH Riser Installation Each 40 $140.00 $5,600 Traffic Control L.S. 1 $2,000.00 $2,000 Replace Traffic & Street Signs L.S. 1 $7,800.00 $ 7,800 Subtotal $358,160 + 5% Contingencies $17,910 Subtotal $3761070 + 30% Indirect Costs $112,820 TOTAL - STREET $488,890 II. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty. Price Cost Remove Concrete Curb and Gutter L.F. 3,320 $6.00 $19,920 Remove Bit. Trail S.F. 250 $5.00 $1,250 D412 Concrete Curb and Gutter L.F. 3,320 $15.00 $49,800 Remove Valley Gutter S.Y. 60 $20.00 $ 1,200 7" Concrete Valley Gutter S.Y. 60 $50.00 $ 3,000 Adjust Frame & Ring Casting (C.B) Each 43 $200.00 $8,600 Sod w/Topsoil S.Y. 890 $12.00 $10,680 Bituminous Driveway Patching S.Y. 230 $24.00 $5,520 Bituminous Street Patching Ton 110 $90.00 $9,900 Bituminous Path Patching S.Y. 15 $26.00 $390.00 Truncated Dome Warning Paver (2' x 2') Each 20 $120.00 $ 2,400 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset S.F. 200 $4.25 $ 850 Est. Unit Est. Item Unit Qty- Price Cost II. Repair Existing Concrete Curb & Gutter (continued) R & R CB Casting Each 1 $300.00 $300 Inlet Protection Each 20 $100.00 $2,000 Class 5 Aggregate Base Ton 5 $20.00 $100 Subtotal $115,910 + 5% Contingencies $5,800 Subtotal $121,710 + 30% Indirect Costs $36,510 TOTAL - CURB $158,220 TOTAL PROJECT COST $647,110 Appendix R - City Project No. 949 Preliminary Assessment Roll Lexington Square Street Overlay Lot Unit Parcel (R-1 Low Density) P.I.N. Equivalent Assessment Total Gardenwood Ponds 5th Addition Block 1 967 STONY POINT RD 10-28804-020-01 1 $679 $679 Subtotal 1 $679 Lexington Square 1st Addition Block 1 1003 BRIAR CREEK RD 10-45075-360-01 1 $679 $679 1007 BRIAR CREEK RD 10-45075-350-01 1 $679 $679 1011 BRIAR CREEK RD 10-45075-340-01 1 $679 $679 1015 BRIAR CREEK RD 10-45075-330-01 1 $679 $679 1019 BRIAR CREEK RD 10-45075-320-01 1 $679 $679 1023 BRIAR CREEK RD 10-45075-310-01 1 $679 $679 1027 BRIAR CREEK RD 10-45075-300-01 1 $679 $679 1031 BRIAR CREEK RD 10-45075-290-01 1 $679 $679 1035 BRIAR CREEK RD 10-45075-280-01 1 $679 $679 1039 BRIAR CREEK RD 10-45075-270-01 1 $679 $679 1043 BRIAR CREEK RD 10-45075-260-01 1 $679 $679 1047 BRIAR CREEK RD 10-45075-250-01 1 $679 $679 1051 BRIAR CREEK RD 10-45075-240-01 1 $679 $679 1055 BRIAR CREEK RD 10-45075-230-01 1 $679 $679 1059 BRIAR CREEK RD 10-45075-220-01 1 $679 $679 1063 BRIAR CREEK RD 10-45075-210-01 1 $679 $679 1067 BRIAR CREEK RD 10-45075-200-01 1 $679 $679 1071 BRIAR CREEK RD 10-45075-190-01 1 $679 $679 3805 GIBRALTAR TRL 10-45075-180-01 1 $679 $679 3813 GIBRALTAR TRL 10-45075-170-01 1 $679 $679 3821 GIBRALTAR TRL 10-45075-160-01 1 $679 $679 3829 GIBRALTAR TRL 10-45075-150-01 1 $679 $679 3837 GIBRALTAR TRL 10-45075-140-01 1 $679 $679 3837 PRINCETON CIR 10-45075-050-01 1 $679 $679 3841 PRINCETON CIR 10-45075-040-01 1 $679 $679 3844 PRINCETON CIR 10-45075-060-01 1 $679 $679 3845 GIBRALTAR TRL 10-45075-130-01 1 $679 $679 3847 PRINCETON CIR 10-45075-030-01 1 $679 $679 /F3 3850 PRINCETON CIR 10-45075-070-01 1 $679 $679 3853 GIBRALTAR TRL 10-45075-120-61 1 $679 $679 3853 PRINCETON CIR 10-45075-020-01 1 $679 $679 3856 PRINCETON CIR 10-45075-080-01 1 $679 $679 3859 PRINCETON CIR 10-45075-010-01 1 $679 $679 3861 GIBRALTAR TRL 10-45075-110-01 1 $679 $679 3862 PRINCETON CIR 10-45075-090-01 1 $679 $679 3869 GIBRALTAR TRL 10-45075-100-01 1 $679 $679 Subtotal 36 $24,440 Lexington Square 1st Addition Block 2 1030 BRIAR CREEK RD 10-45075-010-02 1 $679 $679 1033 KETTLE CREEK RD 10-45075-220-02 1 $679 $679 1034 BRIAR CREEK RD 10-45075-020-02 1 $679 $679 1037 KETTLE CREEK RD 10-45075-210-02 1 $679 $679 1038 BRIAR CREEK RD 1045075-030-02 1 $679 $679 1041 KETTLE CREEK RD 10-45075-200-02 1 $679 $679 1042 BRIAR CREEK RD 10-45075-040-02 1 $679 $679 1045 KETTLE CREEK RD 10-45075-190-02 1 $679 $679 1046 BRIAR CREEK RD 10-45075-050-02 1 $679 $679 1049 KETTLE CREEK RD 10-45075-180-02 1 $679 $679 1050 BRIAR CREEK RD 10-45075-060-02 1 $679 $679 1053 KETTLE CREEK RD 10-45075-170-02 1 $679 $679 1054 BRIAR CREEK RD 10-45075-070-02 1 $679 $679 1057 KETTLE CREEK RD 10-45075-160-02 1 $679 $679 1058 BRIAR CREEK RD 10-45075-080-02 1 $679 $679 1061 KETTLE CREEK RD 10-45075-150-02 1 $679 $679 1062 BRIAR CREEK RD 10-45075-090-02 1 $679 $679 1065 KETTLE CREEK RD 10-45075-140-02 1 $679 $679 1066 BRIAR CREEK RD 10-45075-100-02 1 $679 $679 1069 KETTLE CREEK RD 10-45075-130-02 1 $679 $679 1070 BRIAR CREEK RD 10-45075-110-02 1 $679 $679 1073 KETTLE CREEK RD 10-45075-120-02 1 $679 $679 Subtotal 22 $14,940 Lexington Square 1st Addition Block 3 1028 KETTLE CREEK RD 10-45075-120-03 1 $679 $679 1032 KETTLE CREEK RD 10-45075-110-03 1 $679 $679 1036 KETTLE CREEK RD 10-45075-100-03 1 $679 $679 1040 KETTLE CREEK RD 10-45075-090-03 1 $679 $679 1044 KETTLE CREEK RD 10-45075-080-03 1 $679 $679 /Fy 1048 KETTLE CREEK RD 10-45075-070-03 1 $679 $679 1052 KETTLE CREEK RD 10-45075-060-03 1 $679 $679 1056 KETTLE CREEK RD 10-45075-050-03 1 $679 $679 1060 KETTLE CREEK RD 10-45075-040-03 1 $679 $679 1064 KETTLE CREEK RD 10-45075-030-03 1 $679 $679 1068 KETTLE CREEK RD 10-45075-020-03 1 $679 $679 1072 KETTLE CREEK RD 10-45075-010-03 1 $679 $679 Subtotal 12 $8,150 Lexington Square 1st Addition Block 4 1020 TICONDEROGA TRL 10-45075-230-04 1 $679 $679 1028 TICONDEROGA TRL 10-45075-220-04 1 $679 $679 1036 TICONDEROGA TRL 10-45075-210-04 1 $679 $679 1044 TICONDEROGA TRL 10-45075-200-04 1 $679 $679 1052 TICONDEROGA TRL 10-45075-190-04 1 $679 $679 1060 TICONDEROGA TRL 10-45075-180-04 1 $679 $679 1068 TICONDEROGA TRL 10-45075-170-04 1 $679 $679 1076 TICONDEROGA TRL 10-45075-160-04 1 $679 $679 1084 TICONDEROGA TRL 10-45075-150-04 1 $679 $679 1092 TICONDEROGA TRL 10-45075-140-04 1 $679 $679 3871 PRINCETON TRL 10-45075-010-04 1 $679 $679 3877 PRINCETON TRL 10-45075-020-04 1 $679 $679 3883 PRINCETON TRL 10-45075-030-04 1 $679 $679 3889 PRINCETON TRL 10-45075-040-04 1 $679 $679 3895 PRINCETON TRL 10-45075-050-04 1 $679 $679 3901 PRINCETON TRL 10-45075-060-04 1 $679 $679 3907 PRINCETON TRL 10-45075-070-04 1 $679 $679 3913 PRINCETON TRL 10-45075-080-04 1 $679 $679 3919 PRINCETON TRL 10-45075-090-04 1 $679 $679 3925 PRINCETON TRL 10-45075-100-04 1 $679 $679 3931 PRINCETON TRL 10-45075-110-04 1 $679 $679 3937 PRINCETON TRL 10-45075-120-04 1 $679 $679 3943 PRINCETON TRL 10-45075-130-04 1 $679 $679 Subtotal 23 $15,620 Lexington Square 1st Addition Block 5 1073 TICONDEROGA TRL 10-45075-130-05 1 $679 $679 3873 GIBRALTAR TRL 10-45075-240-05 1 $679 $679 3874 PRINCETON TRL 10-45075-010-05 1 $679 $679 3879 GIBRALTAR TRL 10-45075-230-05 1 $679 $679 3880 PRINCETON TRL 10-45075-020-05 1 $679 $679 3885 GIBRALTAR TRL 10-45075-220-05 1 $679 $679 3886 PRINCETON TRL 10-45075-030-05 1 $679 $679 3891 GIBRALTAR TRL 10-45075-210-05 1 $679 $679 3892 PRINCETON TRL 10-45075-040-05 1 $679 $679 3897 GIBRALTAR TRL 10-45075-200-05 1 $679 $679 3898 PRINCETON TRL 10-45075-050-05 1 $679 $679 3903 GIBRALTAR TRL 10-45075-190-05 1 $679 $679 3904 PRINCETON TRL 10-45075-060-05 1 $679 $679 3909 GIBRALTAR TRL 10-45075-180-05 1 $679 $679 3910 PRINCETON TRL 10-45075-070-05 1 $679 $679 3915 GIBRALTAR TRL 10-45075-170-05 1 $679 $679 3916 PRINCETON TRL 10-45075-080-05 1 $679 $679 3921 GIBRALTAR TRL 10-45075-160-05 1 $679 $679 3922 PRINCETON TRL 10-45075-090-05 1 $679 $679 3927 GIBRALTAR TRL 10-45075-150-05 1 $679 $679 3928 PRINCETON TRL 10-45075-100-05 1 $679 $679 3933 GIBRALTAR TRL 10-45075-140-05 1 $679 $679 3934 PRINCETON TRL 10-45075-110-05 1 $679 $679 3940 PRINCETON TRL 10-45075-120-05 1 $679 $679 Subtotal 24 $16,300 Lexington Square 1st Addition Block 6 3876 GIBRALTAR TRL 10-45075-010-06 1 $679 $679 3882 GIBRALTAR TRL 10-45075-020-06 1 $679 $679 3888 GIBRALTAR TRL 10-45075-030-06 1 $679 $679 Subtotal 3 $2,040 Lexington Square 1st Addition Block 7 3906 GIBRALTAR TRL 10-45075-010-07 1 $679 $679 3912 GIBRALTAR TRL 10-45075-020-07 1 $679 $679 3918 GIBRALTAR TRL 10-45075-030-07 1 $679 $679 3924 GIBRALTAR TRL 10-45075-040-07 1 $679 $679 Subtotal 4 $2,720 Lexington Square 1st Addition Block 8 1025 TICONDEROGA TRL 10-45075-050-08 1 $679 $679 1033 TICONDEROGA TRL 10-45075-040-08 1 $679 $679 1041 TICONDEROGA TRL 10-45075-030-08 1 $679 $679 1049 TICONDEROGA TRL 10-45075-020-08 1 $679 $679 1057 TICONDEROGA TRL 10-45075-010-08 1 $679 $679 Subtotal 5 $3,400 Lexington Square 2nd Addition Block 1 1007 BOSTON HILL RD 10-45076-170-01 1 $679 $679 1011 BOSTON HILL RD 10-45076-160-01 1 $679 $679 1015 BOSTON HILL RD 10-45076-150-01 1 $679 $679 1019 BOSTON HILL RD 10-45076-140-01 1 $679 $679 1023 BOSTON HILL RD 10-45076-130-01 1 $679 $679 3919 BOSTON CT 10-45076-100-01 1 $679 $679 3920 BOSTON CT 10-45076-110-01 1 $679 $679 3921 BOSTON CIR 10-45076-030-01 1 $679 $679 3922 BOSTON CIR 10-45076-040-01 1 $679 $679 3923 BOSTON CT 10-45076-090-01 1 $679 $679 3924 BOSTON CT 10-45076-120-01 1 $679 $679 3925 BOSTON CIR 10-45076-020-01 1 $679 $679 3926 BOSTON CIR 10-45076-050-01 1 $679 $679 3927 BOSTON CT 10-45076-080-01 1 -$679 $679 3929 BOSTON CIR 10-45076-010-01 1 $679 $679 3930 BOSTON CIR 10-45076-060-01 1 $679 $679 3934 BOSTON CIR 10-45076-070-01 1 $679 $679 Subtotal 17 $11,540 Lexington Square 2nd Addition Block 2 1006 BOSTON HILL RD 10-45076-150-02 1 $679 $679 1010 BOSTON HILL RD 10-45076-140-02 1 $679 $679 1014 BOSTON HILL RD 10-45076-130-02 1 $679 $679 1018 BOSTON HILL RD 10-45076-120-02 1 $679 $679 1022 BOSTON HILL RD 10-45076-110-02 1 $679 $679 1026 BOSTON HILL RD 10-45076-100-02 1 $679 $679 1030 BOSTON HILL RD 10-45076-090-02 1 $679 $679 1034 BOSTON HILL RD 10-45076-080-02 1 $679 $679 1038 BOSTON HILL RD 10-45076-070-02 1 $679 $679 1042 BOSTON HILL RD 10-45076-060-02 1 $679 $679 1046 BOSTON HILL RD 10-45076-050-02 1 $679 $679 1050 BOSTON HILL RD 10-45076-040-02 1 $679 $679 1054 BOSTON HILL RD 10-45076-030-02 1 $679 $679 1058 BOSTON HILL RD 10-45076-020-02 1 $679 $679 1062 BOSTON HILL RD 10-45076-010-02 1 $679 $679 Subtotal 15 $10,190 Lexington Square 3rd Addition Block 1 1026 SAVANNAH RD 10-45077-090-01 1 $679 $679 1030 SAVANNAH RD 10-45077-080-01 1 $679 $679 100;00 -10' )4 SAVANNAH RD 10-45077-070-01 1 $679 $679 1038 SAVANNAH RD 10-45077-060-01 1 $679 $679 1042 SAVANNAH RD 10-45077-050-01 1 $679 $679 1046 SAVANNAH RD 10-45077-040-01 1 $679 $679 1050 SAVANNAH RD 10-45077-030-01 1 $679 $679 1054 SAVANNAH RD 10-45077-020-01 1 $679 $679 1058 SAVANNAH RD 10-45077-010-01 1 $679 $679 Subtotal 9 $6,110 Lexington Square 3rd Addition Block 2 1019 SAVANNAH RD 10-45077-120-02 1 $679 $679 1023 SAVANNAH RD 10-45077-110-02 1 $679 $679 1024 KETTLE CREEK RD 10-45077-140-02 1 $679 $679 1027 SAVANNAH RD 10-45077-100-02 1 $679 $679 1031 SAVANNAH RD 10-45077-090-02 1 $679 $679 1035 SAVANNAH RD 10-45077-080-02 1 $679 $679 1039 SAVANNAH RD 10-45077-070-02 1 $679 $679 1043 SAVANNAH RD 10-45077-060-02 1 $679 $679 1047 SAVANNAH RD 10-45077-050-02 1 $679 $679 1051 SAVANNAH RD 10-45077-040-02 1 $679 $679 1055 SAVANNAH RD 10-45077-030-02 1 $679 $679 1059 SAVANNAH RD 10-45077-020-02 1 $679 $679 3869 DANBURY TRL 10-45077-130-02 1 $679 $679 3870 GIBRALTAR TRL 10-45077-010-02 1 $679 $679 Subtotal 14 $9,510 Lexington Square 3rd Addition Block 3 1003 SAVANNAH RD 10-45077-030-03 1 $679 $679 1007 SAVANNAH RD 10-45077-020-03 1 $679 $679 3874 DANBURY TRL 10-45077-010-03 1 $679 $679 987 SAVANNAH RD 10-45077-070-03 1 $679 $679 991 SAVANNAH RD 10-45077-060-03 1 $679 $679 995 SAVANNAH RD 10-45077-050-03 1 $679 $679 999 SAVANNAH RD 10-45077-040-03 1 $679 $679 Subtotal 7 $4,750 Lexington Square 3rd Addition Block 4 3874 NEWTOWN CT 10-45077-100-04 1 $679 $679 3878 NEWTOWN CT 10-45077-090-04 1 $679 $679 3880 DANBURY TRL 10-45077-010-04 1 $679 $679 3882 NEWTOWN CT 10-45077-080-04 1 $679 $679 lir 3883 NEWTOWN CT 10-45077-020-04 1 $679 $679 3886 NEWTOWN CT 10-45077-070-04 1 $679 $679 3887 NEWTOWN CT 10-45077-030-04 1 $679 $679 3890 NEWTOWN CT 10-45077-060-04 1 $679 $679 3891 NEWTOWN CT 10-45077-040-04 1 $679 $679 3895 NEWTOWN CT 10-45077-050-04 1 $679 $679 984 SAVANNAH RD 10-45077-120-04 1 $679 $679 988 SAVANNAH RD 10-45077-110-04 1 $679 $679 Subtotal 12 $8,150 Lexington Square 4th Addition Block 1 959 SAVANNAH RD 10=45078-070-01 1 $679 $679 963 SAVANNAH RD 10-45078-060-01 1 $679 $679 967 SAVANNAH RD 10-45078-050-01 1 $679 $679 971 SAVANNAH DR 10-45078-040-01 1 $679 $679 975 SAVANNAH RD 10-45078-030-01 1 $679 $679 979 SAVANNAH RD 10-45078-020-01 1 $679 $679 983 SAVANNAH RD 10-45078-010-01 1 $679 $679 Subtotal 7 $4,750 Lexington Square 4th Addition Block 2 935 SAVANNAH RD 10-45078-050-02 1 $679 $679 939 SAVANNAH RD 10-45078-040-02 1 $679 $679 943 SAVANNAH RD 10-45078-030-02 1 $679 $679 947 SAVANNAH RD 10-45078-020-02 1 $679 $679 951 SAVANNAH RD 10-45078-010-02 1 $679 $679 Subtotal 5 $3,400 Lexington Square 4th Addition Block 3 1003 BOSTON HILL RD 10-45078-190-03 1 $679 $679 948 SAVANNAH RD 10-45078-090-03 1 $679 $679 952 SAVANNAH RD 10-45078-080-03 1 $679 $679 956 SAVANNAH RD 10-45078-070-03 1 $679 $679 960 SAVANNAH RD 10-45078-060-03 1 $679 $679 961 TICONDEROGA TRL 10-45078-100-03 1 $679 $679 964 SAVANNAH RD 10-45078-050-03 1 $679 $679 965 TICONDEROGA TRL 10-45078-110-03 1 $679 $679 968 SAVANNAH RD 10-45078-040-03 1 $679 $679 969 TICONDEROGA TRL 10-45078-120-03 1 $679 $679 972 SAVANNAH RD 10-45078-030-03 1 $679 $679 973 TICONDEROGA TRL 10-45078-130-03 1 $679 $679 9 976 SAVANNAH RD 10-45078-020-03 1 $679 $679 980 SAVANNAH RD 10-45078-010-03 1 $679 $679 983 BOSTON HILL RD 10-45078-140-03 1 $679 $679 987 BOSTON HILL RD 10-45078-150-03 1 $679 $679 991 BOSTON HILL RD 10-45078-160-03 1 $679 $679 995 BOSTON HILL RD 10-45078-170-03 1 $679 $679 999 BOSTON HILL RD 10-45078-180-03 1 $679 $679 Subtotal 19 $12,900 Lexington Square 4th Addition Block 4 954 TICONDEROGA TRL 10-45078-060-04 1 $679 $679 958 TICONDEROGA TRL 10-45078-050-04 1 $679 $679 962 TICONDEROGA TRL 10-45078-040-04 1 $679 $679 966 TICONDEROGA TRL 10-45078-030-04 1 $679 $679 970 TICONDEROGA TRL 10-45078-020-04 1 $679 $679 974 TICONDEROGA TRL 10-45078-010-04 1 $679 $679 Subtotal 6 $4,070 Lexington Square 4th Addition Block 5 1000 BOSTON HILL RD 10-45078-010-05 1 $679 $679 990 BOSTON HILL RD 10-45078-020-05 1 $679 $679 Subtotal 2 $1,360 Lexington Square 5th Addition Block 1 3811 DANBURY TRL 10-45079-010-01 1 $679 $679 3819 DANBURY TRL 10-45079-020-01 1 $679 $679 3827 DANBURY TRL 10-45079-030-01 1 $679 $679 3835 DANBURY TRL 10-45079-040-01 1 $679 $679 3843 DANBURY TRL 10-45079-050-01 1 $679 $679 3851 DANBURY TRL 10-45079-060-01 1 $679 $679 3859 DANBURY TRL 10-45079-070-01 1 $679 $679 Subtotal 7 $4,750 Block 2 1009 DANBURY CT 10-45079-030-02 1 $679 $679 3830 DANBURY TRL 10-45079-010-02 1 $679 $679 3838 DANBURY TRL 10-45079-020-02 1 $679 $679 Subtotal 3 $2,040 Lexington Square 6th Addition Block 2 1002 TICONDEROGA TRL 10-45080-260-02 1 $679 $679 11?C1.2 1006 TICONDEROGA TRL 10-45080-270-02 1 $679 $679 1008 TICONDEROGA TRL 10-45080-280-02 1 $679 $679 1010 TICONDEROGA TRL 10-45080-290-02 1 $679 $679 1012 TICONDEROGA TRL 10-45080-300-02 1 $679 $679 1014 TICONDEROGA TRL 10-45080-310-02 1 $679 $679 1016 TICONDEROGA TRL 10-45080-320-02 1 $679 $679 978 TICONDEROGA TRL 10-45080-200-02 1 $679 $679 982 TICONDEROGA TRL 10-45080-210-02 1 $679 $679 986 TICONDEROGA TRL 10-45080-220-02 1 $679 $679 990 TICONDEROGA TRL 10-45080-230-02 1 $679 $679 994 TICONDEROGA TRL 10-45080-240-02 1 $679 $679 998 TICONDEROGA TRL 10-45080-250-02 1 $679 $679 Subtotal 13 $8,830 Lexington Square 6th Addition Block 3 923 SAVANNAH RD 10-45080-030-03 1 $679 $679 927 SAVANNAH RD 10-45080-020-03 1 $679 $679 931 SAVANNAH RD 10-45080-010-03 1 $679 $679 Subtotal 3 $2,040 Lexington Square 6th Addition Block 4 1001 TICONDEROGA TRL 10-45080-070-04 1 $679 $679 1005 TICONDEROGA TRL 10-45080-060-04 1 $679 $679 1009 TICONDEROGA TRL 10-45080-050-04 1 $679 $679 1013 TICONDEROGA TRL 10-45080-040-04 1 $679 $679 1015 TICONDEROGA TRL 10-45080-030-04 1 $679 $679 1017 TICONDEROGA TRL 10-45080-020-04 1 $679 $679 1019 TICONDEROGA TRL 10-45080-010-04 1 $679 $679 977 TICONDEROGA TRL 10-45080-130-04 1 $679 $679 981 TICONDEROGA TRL 10-45080-120-04 1 $679 $679 985 TICONDEROGA TRL 10-45080-110-04 1 $679 $679 989 TICONDEROGA TRL 10-45080-100-04 1 $679 $679 993 TICONDEROGA TRL 10-45080-090-04 1 $679 $679 997 TICONDEROGA TRL 10-45080-080-04 1 $679 $679 Subtotal 13 $8,830 Lexington Square 7th Addition Block 1 951 KETTLE CREEK RD 10-45081-012-01 1 $679 $679 955 KETTLE CREEK RD 10-45081-020-01 1 $679 $679 959 KETTLE CREEK RD 10-45081-030-01 1 $679 $679 963 KETTLE CREEK RD 10-45081-040-01 1 $679 $679 966 STANWIX RD 10-45081-070-01 1 $679 $679 967 KETTLE CREEK RD 10-45081-050-01 1 $679 $679 971 KETTLE CREEK RD 10-45081-060-01 1 $679 $679 Subtotal 7 $4,750 Lexington Square 7th Addition Block 2 1000 KETTLE CREEK RD 10-45081-100-02 1 $679 $679 1004 KETTLE CREEK RD 10-45081-110-02 1 $679 $679 1008 KETTLE CREEK RD 10-45081-120-02 1 $679 $679 1012 KETTLE CREEK RD 10-45081-130-02 1 $679 $679 964 KETTLE CREEK RD 10-45081-010-02 1 $679 $679 968 KETTLE CREEK RD 10-45081-020-02 1 $679 $679 972 KETTLE CREEK RD 10-45081-030-02 1 $679 $679 976 KETTLE CREEK RD 10-45081-040-02 1 $679 $679 980 KETTLE CREEK RD 10-45081-050-02 1 $679 $679 984 KETTLE CREEK RD 10-45081-060-02 1 $679 $679 988 KETTLE CREEK RD 10-45081-070-02 1 $679 $679 992 KETTLE CREEK RD 10-45081-080-02 1 $679 $679 996 KETTLE CREEK RD 10-45081-090-02 1 $679 $679 Subtotal 13 $8,830 Lexington Square 7th Addition Block 3 1001 DANBURY CT 10-45081-110-03 1 $679 $679 1002 DANBURY CT 10-45081-150-03 1 $679 $679 1003 KETTLE CREEK RD 10-45081-200-03 1 $679 $679 1005 DANBURY CT 10-45081-100-03 1 $679 $679 1006 DANBURY CT 10-45081-160-03 1 $679 $679 1007 KETTLE CREEK RD 10-45081-190-03 1 $679 $679 1010 DANBURY CT 10-45081-170-03 1 $679 $679 3858 DANBURY TRL 10-45081-180-03 1 $679 $679 953 STANWIX RD 10-45081-300-03 1 . $679 $679 957 STANWIX RD 10-45081-290-03 1 $679 $679 961 STANWIX RD 10-45081-280-03 1 $679 $679 964 STONY POINT RD 10-45081-010-03 1 $679 $679 965 STANWIX RD 10-45081-270-03 1 $679 $679 968 STONY POINT RD 10-45081-020-03 1 $679 $679 972 STONY POINT RD 10-45081-030-03 1 $679 $679 976 STONY POINT RD 10-45081-040-03 1 $679 $679 979 KETTLE CREEK RD 10-45081-260-03 1 $679 $679 980 STONY POINT RD 10-45081-050-03 1 $679 $679 983 KETTLE CREEK RD 10-45081-250-03 1 $679 $679 5~2 f 984 STONY POINT RD 10-45081-060-03 1 $679 $679 987 KETTLE CREEK RD. 10-45081-240-03 1 $679 $679 988 STONY POINT RD 10-45081-070-03 1 $679 $679 991 KETTLE CREEK RD 10-45081-230-03 1 $679 $679 992 STONY POINT RD 10-45081-080-03 1 $679 $679 994 DANBURY CT 10-45081-130-03 1 $679 $679 995 KETTLE CREEK RD 10-45081-220-03 1 $679 $679 996 STONY POINT RD 10-45081-090-03 1 $679 $679 997 DANBURY CT 10-45081-120-03 1 $679 $679 998 DANBURY CT 10-45081-140-03 1 $679 $679 999 KETTLE CREEK RD 10-45081-210-03 1 $679 $679 Subtotal 30 $20,370 Lexington Square 7th Addition Block 4 1003 STONY POINT RD 10-45081-090-04 1 $679 $679 971 STONY POINT RD 10-45081-010-04 1 $679 $679 975 STONY POINT RD 10-45081-020-04 1 $679 $679 979 STONY POINT RD 10-45081-030-04 1 $679 $679 983 STONY POINT RD 10-45081-040-04 1 $679 $679 987 STONY POINT RD 10-45081-050-04 1 $679 $679 991 STONY POINT RD 10-45081-060-04 1 $679 $679 995 STONY POINT RD 10-45081-070-04 1 $679 $679 999 STONY POINT RD 10-45081-080-04 1 $679 $679 Subtotal 9 $6,110 Danbury Place Block 1 3889 DANBURY TRL 10-19700-080-01 1 $679 $679 3893 DANBURY TRL 10-19700-070-01 1 $679 $679 3897 DANBURY TRL 10-19700-060-01 1 $679 $679 3901 DANBURY TRL 10-19700-050-01 1 $679 $679 3905 DANBURY TRL 10-19700-040-01 1 $679 $679 3909 DANBURY TRL 10-19700-030-01 1 $679 $679 3913 DANBURY TRL 10-19700-020-01 1 $679 $679 3917 DANBURY TRL 10-19700-010-01 1 $679 $679 Subtotal 8 $5,430 Danbury Place Block 2 3884 DANBURY TRL 10-19700-100-02 1 $679 $679 3888 DANBURY TRL 10-19700-090-02 1 $679 $679 3892 DANBURY TRL 10-19700-080-02 1 $679 $679 3896 DANBURY TRL 10-19700-070-02 1 $679 $679 813 3900 DANBURY TRL 10-19700-060-02 1 $679 $679 3904 DANBURY TRL 10-19700-050-02 1 $679 $679 3908 DANBURY TRL 10-19700-040-02 l $679 $679 3912 DANBURY TRL. 10-19700-030-02 1 $679 $679 3916 DANBURY TRL 10-19700-020-02 1 $679 $679 3920 DANBURY TRL 10-19700-010-02 1 $679 $679 Subtotal 10 $6,790 Gardenwood Ponds 6th Addition Block 1 962 STANWIX RD 10-28805-020-01 1 $679 $679 Subtotal 1 $679 Total Assessment $244,450 Property Totals 360 Single Family I D NE OAK ROAD LONE OAK ROAD (GO. RD. 26) TRUNK Q H N° 55 O ui O Z Z Y O O Z x a /.Q J DR YANKEE DOODLE ROAD Project Location Q Z W ~'m= Q m DUCKWOOD DR. 9 0 WESCOTT ROAD CITY Rau ~~~P eu+E~ "oW O LLI DEERWOOD DR. Q NORTHVIEW PARK 41 RD. r x 0 L) F- O 0 00 Z a m O w m Y J O DIFFLEY ROAD J a t , ti 1D/za/DB exinc uare *City of EaRai Neighborhood Street Revitalization Fig. 1 Engineering Department Location Map - Project 949 cli w + rn O 4x ~ ~ ,t i N - ~ J Z LL r O) O I, o Q C, i a i m 'o? as rn m - II> r co mm _ m ~ 4nnCJf-mil O ~r Q~ n m f_ CO :t_ s- i rn rn Z > _m co, N 'o IL C/) zl' i m a i F- O LU -C in Of Q Cl) w O Z LLI LIj 4t.:. N 1 It fn a Q N 0) 0) a m Q N a U!F ' o cn ~~O I ~ iz ~ _ ca.. _ ~1S 4. I s, i.w w h .r `BS to ~ i"' ~ `k.. max.. ps« %~V 9k t'~ O O tD ~ ~ .7 ~ m ' I 31 m m N T CD t- J1 "'T Tv ~ J 3~ ~ ~ rr~ roc ' N 3~• ro ~ m O , ~ ry 9 m cn ,m' ~ -m m m O rn rn~ rn~ m; 1J ~JNI2id N0133NIiid • 1 r OIDNIXII w o a _ o m N n i V m m m ~ = V m m O LL Yl~ WW-~ \ is a ~ v i / m m v r Z O rn m , rn for-" cu . m o , z>,.,•. ~'°''t%~ r K^ o m=om ,y `a' w O fb Z o m W d' fA oP c of 1 Z U) A v a> O Z Q / /f yd ~v/ ✓m i'~ "m o , rn rn= a' w 0 W _0) Q W a> O / 'ti / ✓ .q" 1 oo.i <Q W i U) z CF) io r.~zv 'ro :5 w~ O m (Y U) N N ^r T 7,1 N cJ J S "m rr ~{o r .o °o r° ° o p O om o } ILA o.,r m ' o o , LLDJ I L ll NOlSOB o V O 'O n N f'J _ 0) r ~ -l O. r ~ 1 N"w a I S tl 71 I{ ~ S O o r N o .+SS i o as 1 Ifs ~ m a I iFJ- u7 Q ` ~ N ~ I ~ ~ 7rn '..O I•N x d)i~¢ O M.n ~ m `m ~a I ~ O ~a _ O f Y ti ~ oval nfvi u-. c> I a+ in r c~ M aaddCC , ^o t .r O N ~)NR1d l] 1 ri N ~ ~ N 3AV NOlJNIYAI ¢ c Y W 0 60' ROW 32' (F-F) 3" BITUMINOUS SURFACE EX. D412 CURB 6" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 32' (F-F) EDGE MILL (6'-8' wide) Typ. F11/2" 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 i o-ie-oe City Of ~~~~Il L in o re Additions Fig. 3 Typical Sections - Project 948 Engineering Department CITY PROJECT NO 949 INFORMATIONAL NEIGHBORHOOD MEETING LEXINGTON SQUARE STREET REVITALIZATION WEDNESDAY, DECEMBER 13, 2006 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 4 residents representing 3 properties (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments There is a sight distance issue at the corner of Danbury Trail and Kettle Creek Road. Can something be done about it? City staff is investigating and working with the property owner with the obstruction to remove the obstruction, if warranted. How is this project different from the construction back in 2001? The work completed in 2001 was to upgrade the storm sewer system, and was in a limited area in the neighborhood. This project involves the rehabilitation of the streets all through the neighborhood. What is the length of construction? It is generally about 1 to 1 1/2 months from start to completion in a neighborhood. How is the curb & gutter replacement determined? City staff walks the curb lines, preferably after a rainfall, to determine which portions of curb are to be replaced due to severe cracking or poor drainage. How is the condition of the street determined? Is this improvement also based on its age? City staff periodically rates the condition of each street. The ratings are based on the amount and severity of cracks, rutting, or detioration of the street. Age of the street also is considered in the decision to propose overlay of a street. A resident expressed an interest in a rain garden in their yard on Princeton Trail. Staff will provide further information and put the resident in contact with Dakota County Soil & Water Conservation District (SWCD) staff to discuss possible rain garden grants for interested homeowners. The meeting adjourned at 7:00 p.m. G:Proj-Cont/949/Minutes - Lex Squ NEIGHBORHOOD MEETING Lexington Square Project No. 949 City of Eap Wednesday, December 13, 2006 6:30 p.m. S 3 cl 6L' NAME ADDRESS 9 S~- `f 4 Y Y V-3 3 1. %'z- 9 C,-- 3~S ~~~1 Gf' Le~ 2. rt, J (i t c J~~ f- q , Q kP_ Cr-eek PJ 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet C~O O Agenda Information Memo December 19, 2006 Eagan City Council Meeting OLD 1%USINE'SS A. 2007 Fee Schedule ACTION TO BE CONSIDERED: To adopt a resolution approving the 2007 Fee Schedule establishing fees for various City services, supplies and materials. FACTS: • Changes implemented by the Council in 2004 placed most fees at or near the median of comparable cities. • For 2007, many fees are proposed to be adjusted upward for inflation and/or other reasons. It is anticipated the revisions will continue to place Eagan's fees generally at or near the median of comparable cities. ATTACHMENTS: • A summary of notable changes for 2007 is attached on page . • A copy of the existi,~$ 2006 Fee Schedule marked up with proposed changes for 2007 is attached on pages rJQ~ through ;?33 • A copy of the resolution adopting the 2007 Fee Schedule is attached on page a~~ 2007 Fee Schedule Summary of Notable Proposed Changes December 19, 2006 Page 2 Dangerous dog registration switches from $25 every two years to $100 for the lifetime of the dog. Dog license late fee of $2.00 is added. Pages 5, 6 TIF, industrial revenue bond, and multifamily housing bond application fees are reduced from $5,000 to $1,000. Related escrows are increased from $2,500 to $10,000. Staff time and out- of-pocket costs are charged against the escrows. Changes are in accordance with the draft Business Assistance Policy on this meeting's consent agenda. Page 7 Residential parkland and water quality dedication fee changes reflect inflationary increases approved by the APrC. Per recommendation of the APrC, the methodology for calculating commercial/industrial property dedication fees is changed. Formerly, the calculation was based on acreage only; now, the calculation will be based on square footage and projected employee occupancy of the building. Pages 8, 10 Building permit fees are now based on LMC/AMM fee schedule recommendations. A growing number of cities now use this standard instead of the UBC schedule. Also proposed is a plan review charge on all projects where review is required, not just on projects greater than $10,000 in valuation. The permit cost for certain common improvements (e.g., basement remodeling, decks, fireplaces) increases from $69.00 to $89.50 and more accurately reflects the City's costs; a $40 plan check fee is proposed where plan review by staff is necessary. Page 10 Sign permit investigation fee is instituted for those cases where signs are erected prior to obtaining the appropriate permit. The fee is double the normal sign permit fee. Pages 12,16 Utilities connection/availability charges and street assessment rates are increased by the Engineering News Review index, per standard practice. Page 13 Water utilities usage rate increases 4% from $1.20 to $1.25 per 1,000 gallons, primarily due to higher electricity and natural gas costs related to water production. Sanitary sewer rate increases 5% from $2.00 to $2.10, primarily due a requirement by the Metropolitan Council- Environmental Services to expend money on inflow/infiltration mitigation. A typical family of four (approx. 20,000 gallons/quarter) would see a combined increase of $3.00/quarter, or $1.00/ month. For commercial properties with metered lawn/irrigation usage, a summer surcharge imposed by the DNR will cause their rates to go up an additional $.02/1,000 gallons. Page 15 Water meter rates reflect the City's cost. Pages 17-21 Parks & Recreation charges are increased per new policy objectives and/or APrC recommendations. Page 22 Police contractual security rates are increased 4.6%. Page 25 Hourly staff rates are increased by $5.00. Rates have not been increased since adoption of the 2005 Fee Schedule. Proposed rates are generally in line with inflation over the two-year period. Page 26 Legal fees are up 3%. Page 27 Antenna lease annual rentals are increased 6% per existing contract provisions. Reimbursement of up-front costs for antenna lease plan review, document preparation, legal review, etc., is captured in the proposed application fee revisions. aOC)_ City of Ea an "U~j 7 Approved by the City Council at its December 200,~`meeting. Fees are effective January 1, 200 a0.3 Table of Contents Page Licenses and Permits Alcohol 1 Other 2 Tobacco and Liquor License Violations 3 Development Review 4 Construction-related Permits 5 Escrow Deposits 6 Other Development-related Charges Park, Trail, Water Quality Dedication 7 Tree Mitigation/Replacement 7 Inspections Fees/Permits Building Permits 8 Mechanical Permits 9 Plumbing Permits 9 Fireworks Permits 9 Other Inspections 10 State Surcharge 11 Utilities Fees/Charges Connection/Availability Charges 12 User Rates 13 Other Utilities Fees 14 Water Meters 15 Street and Trail Special Assessment Rates 16 Other Assessment-related Charges 16 Parks and Recreation Charges 17 Community Center Fees 20 Police Department Charges 22 Fire Department Charges 23 Fire Department Training Room Rental 24 Equipment and Staff Rates 25 City Attorney & Other Consultant Rates 26 Miscellaneous Fees/Charges 27 Summary of Connection Charges 29 a o~ 01 200 FEE SCHEDULE ALCOHOL LICENSES AND PERMITS Fee Acct Code Beer Application and investigation $ 500.00 (1) 1101.4239 Off-sale license 100.00 0401.4056 On-sale license 450.00 0401.4056 Temporary license 25.00 0401.4056 Liquor Application and investigation 500.00 (2) 1101.4239 Off-sale license 200.00 0401.4055 On-sale license " Annual sales < $275,000 5,300.00 " Sales $275,000-550,000 6,300.00 " Sales > $550,000 7,300.00 " Sunday license 200.00 " On-sale club license < 200 300.00 0401.4055 201-500 500.00 " 501-1,000 650.00 " 1,001-2,000 800.00 " 2,001-4,000 1,000.00 " " 4,001-6,000 2,000.00 > 6,000 3,000.00 " Temporary (up to 3 days) 150.00 " Wine Application and investigation 500.00 (1) 1101.4239 On-sale license 1,900.00 0401.4055 Sunday license 100.00 0401.4055 Daily consumption and display 25.00 0401.4055 Annual consumption and display 300.00 " Daily sports or convention 50.00 " Annual sports or convention 600.00 " Duplicate license 5.00 0401.4230 Change in managers 300.00 1101.4239 (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and investigation fee is $500.00. (Acct code 9001.2248) (2) Also requires additional fee of $200/person or entity beyond five having an interest in the proposed licensed establishment. A $1,000 escrow for up to five applicants residing outside of the state is required, plus $200/person beyond five with an interest. ao~ 1 2006"FEE SCHEDULE i OTHER LICENSES AND PERMITS Fee Acct Code Adult establishments: Investigation $ 300.00 Requires $1,000 escrow 1101.4239 Annual license 5,000.00 0401.4067 Adult companionship/escort service provider: Investigation 300.00 Requires $1,000 escrow 1101.4239 Annual license (one license included w/ 850.00 0401.4067 adult establishment license) Amusement, mechanical 1-3 machines 25.00 per machine 0401.4062 4-9 machines 200.00 total 10-15 machines 350.00 total " > 15 machines 500.00 total " Contractors license - Plumbing MN Dept of Health Bond & Ins. Cert. OR ($25,000), and MN Master Plumbers Cert. Sewer and Water Unlicensed ABC, LECET, or MUCA Pipelayer Training Certification & MN Dept of Health Contractor Bond Certificate ($25,000) Dance hall - initial investigation 300.00 1101.4239 Dance hall - annual permit 300.00 0401.4112 Dance, public - single event 50.00 " Dangerous d g registration ~r~L~t1Y►C A*J) 494girraL1tgistration, sign, and tagg 1DaD0~5-69 1101.4061 Development-related permits See pages 4 through 7. Dog license (2-year) 18.00 1101.4061 (Licenses are also available at all Eagan veterinary clinics.) Duplicate dog tag 2.00 1101.4061 Gambling - investigation 250.00 1101.4239 Golf cart, motorized permit 25.00 0401.4114 Golf driving range license 50.00 0401.4070 Hunting, bow permit - resident 10.00 1101.4120 Hunting, bow permit - non-resident 25.00 " Kennel permit - initial 100.00 1101.4212 Kennel permit - renewal 50.00 1101.4212 Massage therapy establishment - investigation 300.00 1101.4239 Massage therapy establishment - license 300.00 includes 1 therapist license 0401.4064 Massage therapist - investigation 100.00 1101.4239 Massage therapist - license 25.00 0401.4064 ABA .--•A4A9-466' 200 FEE SCHEDULE OTHER LICENSES AND PERMITS (cont'd) Fee Acct Code Paintball facility - investigation $ 50.00 1101.4239 Paintball facility - license 150.00 0401.4070 Parade permit 25.00 0401.4120 Pawn shop - investigation 850.00 per owner 1101.4239 Pawn shop - license 12,000.00 0401.4065 Pet shop license 100.00 0401.4063 Pigeon 50.00 0401.4120 Rubbish hauler -commercial, residential, 0401.4059 recycling only, or construction/demolition " debris 15` truck 100.00 " Each additional truck 60.00 " Shows (circus, carnival, etc.) Investigation 50.00 1101.4239 License 25.00 0401.4120 Stables license 50.00 0401.4070 Tobacco sales license 200.00 0401.4057 Tree contractor license 25.00 0401.4058 TOBACCO LICENSE VIOLATIONS: Licensee: First violation at licensed premise $ 75.00 1101.4233 Second violation within 24 months of first violation at licensed premise 200.00 " Third and subsequent violations within a 24-month period at licensed premise 250.00 Other individuals: 50.00 LIQUOR LICENSE VIOLATIONS: Licensee: First violation at licensed premise 500.00 1101.4241 Second violation within 24 months 1,000.00 of first violation Third violation within 24 months 1,500.00 plus seven (7)-day " of first violation suspension of license Fourth and subsequent violations 2,000.00 plus thirty (30)-day " within 24 months of first violation suspension of license 3 1 2000 FEE SCHEDULE DEVELOPMENT REVIEW For the charges below that require escrow deposits, refer to p.6 for the amount. Application Type Fee Escrow required? Acct Code Comprehensive Plan Amendment $ 500.00 Yes 0720.4207 Conditional Use Permit (CUP) * 350.00 Yes 0720.4095 Final Planned Development 350.00 Yes 0720.4206 Final Plat 250.00 Yes 0720.4206 Final Subdivision 250.00 Yes 0720.4206 plus 3.00/lot extension -Final Stiladiyiaiam M MIX 4 M (5C -ko 4&.-0e - Rta Z.Z Interim Use Permit (IUP) * P 250.00 Yes 0720.4095 Planned Development -annual review 100.00 No 0720.4223 Planned Development Amendment 250.00 Yes 0720.4207 (separate from rezoning) Preliminary Planned Development 250.00 Yes 0720.4206 Preliminary Subdivision * 350.00 Yes 0720.4206 Rezoning * 350.00 Yes 0720.4207 Site plan review 150.00 No 0720.4223 Variance-residential * 200.00 Yes 0720.4205 Variance-non-residential * 300.00 Yes " Waiver of subdivision - duplex lot splits * 50.00 No 0720.4206 Waiver of subdivision - single-family zoned * 300.00 Yes Waiver of subdivision - other * 150.00 Yes " * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. 4 1 200f FEE SCHEDULE DEVELOPMENT REVIEW (cont'd) Fee Acct Code $9-89 --9~28?~26P~' Lot combination agreement 200.00 0720.4206 Vacation proceedings 400.00 plus out-of-pocket City costs on 0720.4220 replacement easements and/or transfer of property if handled outside normal subdiv. process Industrial revenue bond and multi- tppp -Fr899-AA, plus out-of-pocket City costs 9113.4211 family housing bond pceeessr. (Escrow required) 9113.4224 Tax increment ~ee it 000 .5,988.Q9- plus out-of-pocket City costs xxxx.4229 (Escrow required.) CONSTRUCTION-RELATED PERMITS -Dkft rayfsidzavnfk •2&.1" -2910.44@L~ Grading/excavation If preliminary platted: < 1 acre 300.00 2010.4094 1-5 acres 500.00 " 5+ acres 700.00 " If not preliminary platted: 0-5 acres 300.00 " each additional acre over 5 50.00 (800.00 maximum) " Renewal 200.00 " RIGHT-OF-WAY (ROW)AMANAGEMENT FEES ROW registration fee 40.00 2010.4102 ROW excavation permit 180.00 " Winter ROW excavation surcharge (Dec 1 - Mar 31) 80.00 " ROW excavation fee (new development) 90.00 " Obstruction permit 50.00 " J,AP f Vft,V,U* t n POW . ~h1►dbeu art, 20,0P Ace ee~ cc e~ M40,ywclac 2Zc~ Soo.°a - yr~rr n 0( IV . ao 5 200' FEE SCHEDULE ESCROW DEPOSITS The City requires the following escrow deposits. The amounts represent initial deposits, not actual charges. Additional deposits may be required as City costs are incurred. • Initial Escrow , Deposit Acct Code ~,ODn,a~ ~au(~~-~aritil7 } IO ~nrs Preliminary Subdivision application OR $ 250.00 9001.2245 Preliminary Planned Development OR 2,500.00 single-family ; ld/t~firs Waiver of Subdivision-other OR 4,500.00 4aiaiau==09f C/I and " Comprehensive Plan Amendment townhomes/multiples 4USC4" 90Pw AV ~!S rt~aam Jv~we, m,,~, f tdty >,W a Waiver of Subdivision - single family zoned 800.00 Final Planned Development 3,000.00 " Planned Development Amendment 1,500.00 " Final Plat 800.00 " .Final Subdivision application -1-3 lots 2,000.00 Final Subdivision application - 4 or more lots 4,000.00 " Contract management < $150,000 estimated construction costs 12% of costs 5,000.00 minimum 9001.2245 $150,0014500,000 estimated construction costs 9% of costs 15,000.00 minimum " > $500,000 estimated construction costs 5% of costs 30,000.00 minimum " Conditional use permit 500.00 Residential 9001.2245 (Not required if subdivision escrow has 1,000.00 Commercial been collected as part of same application.) Interim use permit - when site plan is involved 500.00 Residential 9001.2245 (Not required if subdivision escrow has 1,000.00 Commercial been collected as part of same application.) Rezoning 500.00 Residential 9001.2245 (Not required if subdivision escrow has 1,000.00 Commercial been collected as part of same application.) Variance-residential 300.00 " Variance-non-residential 500.00 " Industrial revenue bond processing * (O, 0490 9001.2245 Multi-family housing bond processing (of noo -~b89 98 9001.2245 TI F processing " 10, OGO ?~9fl-86~ 9001.2245 * pending Council approval on January 3, 2006 C /L 6 200,eFEE SCHEDULE OTHER DEVELOPMENT-RELATED CHARGES Fe R Acct Code Parkland dedication: Single-family 3,~og „OD $ 3,278:00 per unit 9328.4670 Duplex 3,206.00 per unit " ,ov Townhouse/Quad 3 ~8 .~~~$,pv 3,178.00 per unit'- " Apartments/Multiple '212. 3070.00 per unit " Commercial (post-1 /1 /83) 5jtt~, p~ `4K-Cr,rVKq Industrial (post-1/1/83) « k , a " Commercial/Industrial (pre-1/1183) Trailway dedication: 1 p Commercial/Industrial /Public Facility sQ,l~ph#w.er' ~ 1=P'P(~t acre 9375.4671 Residential 2159Da 238.00 per unit 9375.4671 Water quality dedication: Water quality dedication fee is equal to the sum of: (1) the cost of the area of a water quality treatment pond using the per-acre land values below; and (2) the cost of the volume of that pond using the excavation rate below. Dedication fees apply in lieu of or in addition to construction or use of an actual treatment pond. Per-acre land values: Single-family t3,414:0 81,404.?0 6501.4672 Duplex $415$,o0 80,150/00 Townhome 134,546.00 Apartments, Schools & Churches t4 t ~2fiZ.B~ L 142,7x55.00 Commercial $~3.OO 91,887.00 Industrial 9L' 715 Co 7 ,813.00 Excavation rate ~Z ''i 7.50 per yard Tree mitigation/replacement: Refer to City Code section 11.10, subd. 15.1 for calculation. Individual trees 120.00 per diameter inch 9001.2120 Woodland areas 1.20 per sq ft of woodland 9001.2120 a1~ 7 2006 FEE SCHEDULE INSPECTION FEES/PERMITS nMA Building permits: L, ~t& 4 MW ~ JMOL Building permit fees are bas on the 49@;F 1169 P, - Q-4ad" Permits are issued to specific lots. A change in address or lot after issuance is subject to a $50.00 transfer fee. Permits are edon $15 subject to a Plan Check charge. In addition, there is a State surcharge on all permits; the surcharge fee schedule is on page 11. The following connection and availability charges are also collected with the building permit fees: Fee Acct Code Sewer availability charge (Met. Council Environmental Svcs - SAC chg) 1,&75 $144"0 (These fees are for 9220.2275 Sewer availability charge (City) 100.00 single-family dwelling 9379.4681 Water supply and storage (City) (,010 -1 94~6f3 permits; see pp.12 & 15 6101.4680 Water meter (5/8") - 430,N for fees for other 6101.4509 ,Alp Treatment plant charge 66Q W6.0 construction types.) 6101.4685 Building permit valuation < $500 30.00 0801.4085 501-2,000 30.00 plus 9." $100 valuation* > $500 " 2,001-25,000 13,75 "'25 plus 14-15 $1,000 valuation* > $2,000 " 25,001-50,000 411.VV 394-% plus 1440/ $1,000 valuation* > $25,000 " 750 .1 50,001-100,000 (/S1AY 643.76 plus 7;0 $1,000 valuation*> $50,000 100,001-500,000 5V.1tj 999-2Z plus $1,000 valuation* > $100,000 11 G 5.ea 500,001-1,000,000 3 •~S~ ~I x,258:75 plus fe/r) $1,000 valuation* > $500,000 " > 1,000,000 1 q~j~114 3A'75 plus $1,000 valuation* > $1,000,000 " Building permits for selected work at existing residences: • , fireplacelfireplace stove, d~Mo~~y;~ ham; nail salon, M0~' I 209 9, ft, eenapy V468 qTft~ q".9R 0801.4085 • Reroof, siding, windows (based on fixed a(/s valuation of $2,000 per work type and per unit for 1- and 2-unit buildings): [ 3•pbv $9", valuation 10.00 69. $4,000 valuation (p~ •y>5 97. 5 $6,000 valuation IIS .9~1 .25 1 * or fraction thereof 4 l3o,ov i ^`t~`'t44 , S Tr, -a Lop Gov ik rcvaheuK~~ t~~ y owt pI" rt~n~v •~ti , i wy k4geK~ "Jt A" 079 8 200)' FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Mechanical permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Fee Acct Code Residential (1-2 family, townhomes, condos) New construction gopV $ ~ per dwelling unit 0801.4088 Modification/alteration (i.e., furnace,A/C,air exch) 96Qp 30-06. " (Permit not required for lower-level ductwork alterations.) Supplementary furnace 50.00 per dwelling unit " Commercial/Industrial/Apartment buildings HVAC 1 % of contract price ($50.00 minimum) 0801.4088 Process piping systems 50.00 0801.4088 Underground tank installation/removal 70.00 0801.4088 Plumbing permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) New construction 90.00 per dwelling unit 0801.4087 Modifications that alter living area 50.00 " Add/replace softener, water heater 15.00 " Private sewage disposal system 100.00 " (includes 40.00 County Permit Fee -9001.2276 9001.2276 Additional, per as-built 10.00 0801.4087 Abandonment of private sewage disposal' 50.00 0801.4093 System-demolition Abandonment - escrow 9001.2257 Turnaround 50.00 0801.4087 Reduced pressure zone (RPZ) 6ackflow'pTeventer 30.00 " Lawn irrigation system 30.00 Commercial/Industrial/Apartment buildings All plumbing I% of contract price ($50.00 minimum) 0801.4087 PVB/RPZ - new/repair/rebuild/remove 50.00 per building 0801.4087 Fire Suppression Permits: 1 % of contract price ($50.00 minimum) 0801.4096 Fireworks Permits: Sales and Storage-outdoor 350.00 (includes tent) Sales and Storage-all other 100.00 Pyrotechnic Special Effects Displays 100.00 a/3 9 2006 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Other inspections fees: Fee Acct Code Electrical permits Issued by the State Plan check 65% of building permit fee 0720.4222 Demolition permit op. 00 $ 0801.4093 Day Care 50.00 1201.4216 Moving permit-building js 00 ;L&Q9 plus cost of damage/ 0801.4093 repairs. Escrow to be determined on case-by-case basis. Sign permit 2.50 per square foot 0720.4089 nd energy, radio and TV tower permit Based on value-see building 0801.4092 permit fee schedule FBuilding/Plumbing/Mechanical mporary sign permit (up to 10 days in a 60-day period) 25.00 0720.4089 derground storage tank installation/removal 70.00 0801.4088 lding permit investigation fee 50% of plan check fee 0801.4085 (applies to approved permits abandoned by applicant) permit investigation fee Double the base fee permits, p.9 (applies when work commences prior to permit issuance) Lot transfer or address change fee 50.00 0720.4222 Replacement building permit field card 5.00 0801.4230 Duplicate certificate of occupancy 5.00 0801.4230 Certificate of occupancy research fee 20.00 0801.4230 Commercial driveway construction in City ROW 50.00 Commercial utility connection in City ROW 20.00 Escrow to be determined on case-by-case basis Re-inspection fee 50.00 per hr. - 1 hr minimum 0801.4242 After-hours/weekend inspection fee 50.00 per hr. - 2 hr minimum 0801.4242 Address change after building permit issued 50.00 0201.4230 Permit refunding fee 50.00 permits, pp.8,9 State of MN contractor license verification 5.00 0201.4230 Street name change application 100.00 plus out-of-pocket 0201.4230 ('it costs FYI ti > # +AA 4__1n0*zhe*j%4MCV Nowak 31 r~erMaf ~cc _ff pefm'~t lss"~ftct' a 17 200, FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) State surcharge The State of Minnesota requires the following permit surcharges to be collected by the City and remitted to the State. Building Permits: Fee Acct Code Value-based permits < $1,000,000 valuation .0005 x valuation 1,000,001-2,000,000 500 + .0004 x (valuation - 1,000,000) 0801.4085 2,000,001-3,000,000 900 + .0003 x (valuation - 2,000,000) " 3,000,001-4,000,000 1,200 + .0002 x (valuation - 3,000,000) " 4,000,001-5,000,000 1,400 + .0001 x (valuation - 4,000,000) " > 5,000,000 1,500 + .00005 x (valuation - 5,000,000) Fixed-fee permits Permit amount 1,000 or less .50 " Permit amount > 1,000 Permit fee x .0005 " Mechanical, Plumbing, and Fire Suppression permits: Permit amount $1,000 or less .50 Permit amount > 1,000 Permit fee x .0005 permits, p.9 • 1S a 11 17 200)6"FEE SCHEDULE UTILITIES FEES-CONNECTION/AVAILABILITY CHARGES Trunk charges: Fee Acct Code Sanitary sewer oversize (for assessment purposes) Unplatted and platted non-residential 2.;3'Jp,00 $ 2,315. per acre 9379.4611 Platted residential 1,12 .00 per lot 9379.4611 Water main oversize Unplatted and platted non-residential 2,500.00 2, 0.00 per acre 9378.4611 Platted residential 1.2.0 J%00 1 70.00 per lot 9378.4611 Storm sewer oversize Single-family .~6 .10 per sq ft 9377.4611 Multi-family 1 5 per sq ft " Non-residential . (Jp?J 59 per sq ft " Lateral charges: Sanitary sewer S~•~ 55.20 per centerline foot 9379.4611 Water main Single-family ".20 55.0 per centerline foot 9378.4611 Multi-family and non-residential 79-00 7 .20 per centerline foot 9378.4611 Storm sewer (based on pipe at 15' depth) . 12" storm sewer v2-4 to 60.5 per centerline foot 9377.4611 15" storm sewer ~ V 62. 5 per centerline foot " 18" storm sewer `9•CV 6 .20 per centerline foot " 21" storm sewer 14.10 2.15 per centerline foot " 24" storm sewer 1,4,Vp 82.40 per centerline foot " Service Charges: Sanitary Sewer--4" service 1091 p0 673. per service 9379.4533 Sanitary Sewer-8" stub (•>~8q p~ 1,54 .00 per stub 9379.4533 Water-1" service 1.~~„Op 7 .00 per service 9378.4508 Water--6" stub Z.~trC VP 2, 91.00 per stub 9378.4508 Sanitary sewer availability (SAC): MCES portion-all property types .00 per SAC unit * 9220.2275 City portion-all property types 100.00 per SAC unit * 9379.4681 Sanitary Sewer Trunk Connection Charge (SCC): 1-5 SAC units 1,435. per SAC unit * 9379.4611 6-10 SAC units 37a,Dp 36 .00 per SAC unit * 9379.4611 11+ SAC units j5p Vv 1 5.00 per SAC unit * 9379.4611 Water supply and storage: Residential (,VIOAV 1,04.0 per SAC unit * 6101.4680 Non-residential 3, 0.00 per acre " Treatment plant: All property types Aj60,0v 63,00'0 per SAC unit * 6101.4685 * SAC units are determined by Metropolitan Council-Environmental Services (MCES). 12 7 200~6 FEE SCHEDULE UTILITIES FEES-USER RATES Fee Acct Code Sanitary sewer Residential and Commercial/Industrial (Usage is based on lower of winter quarter and current quarter water usage.) Administrative fee $ 1.15 per bill 6201.4530 All usage (min 3,000 gal/qtr) 10 _'2 0 Q per 1,000 gallons " Sewer-only (no water connection) 44• If 5' 41.15 per quarter " Manual reading/billing fee- deduct meters 10.00 per meter, per read " Water Residential and Commercial/Industrial Administrative fee I _ 4.75 per bill 6101.4505 A&"acyq ~b Lsfi~ ~P hlt b(,~} t per 1,000 gallons drant/construction meter-minimum 5.00 per day Storm water drainage All properties except R3 7 ~OA~ 7. per REF/qtr 6401.4540 R3 properties (20% credit) d•11 3 per REF/qtr 6401.4540 Street/signal lighting / Neighborhood lights Single-family, twin homes (R1/R2) 4 ~n 4.58 , per qtr/lot 6301.4550 Townhomes (R3) 3,?1 3.67 per qtr/unit " Multiple residential g, 8. 3 per qtr/account I•. Non-continuous .42 per qtr/acre Continuous (per LF basis) • t / 116 per qtr/LF Continuous (per acre basis) to0.35 per qtr/acre " Individual lights 100 WHPS ?j3 32.56,, per light/qtr " 150 WHPS ¢1 47. 0 per light/qtr " 200 WHIPS 41 4 .55 per light/qtr " 250 WHPS 3.01 per lighUgtr " Community and signal lights R1/R2 1.75 per unit/qtr " R3 1.40 per unit/qtr " R4 1.03 per uniUgtr Non-residential 7.02 per unit/qtr " S M G Lawn ern k4%r,r1, C I ,21 ~¢r I o~ aQC( ~►J sr~M•r a~ 13 2001' FEE SCHEDULE UTILITIES FEES-OTHER Fee Acct Code Water shut-off $ 55.00 (lam -4pm) 6101.4512 Water meter removal/replacement/resealing 55.00 (7am -4 pm) 6101.4512 Utility bill late charge 1.5% per month on 6101.4506 unpaid balance Certification fee on delinquent utility bills 25.00 per parcel xxxx.4612 Sewer permit-new or repair of existing 67P -.50 50. 6201.4532 Water permit-new or repair of existing SD,s'D 0.00 6101.4507 Temporary construction hydrant meters (6 mo max) Permit fee 40.00 per month, 3-month 6101.4521 Hydrant damage deposit 200.00 deposit required 9220.2254 5/8" meter damage deposit 245.00 9220.2254 3" meter damage deposit (1d2,joc> -93.97- " 3" backflow preventer & cart damage deposit 1,800.00 " Trip fee (if required) 55.00 0801.4242 3/4" backflow preventer deposit jfs,pp ZaLG- 9220.2254 Scheduled after-hours work Call out-2.5 hour minimum OT labor rate plus 15% admin fee to max admin of 60.00 Extended day OT labor rate plus 15% admin fee Meter testing (charged only if meter tests correct) 5/8" through 1" 110.00 6101.4242 1 through 2" 130.00 6101.4242 All other sizes Contract cost plus 15% Water turn-on before all work satisfactorily completed (Fee includes refundable deposit of 170.00) 225.00 170.00 9220.2253 55.00 6101.4228 Private hydrants Maintenance/flushing 55.00 6101.4242 Repair Time and material plus 15% 6101.4242 Utilities customer list Mailing labels 125.00 0501.4230 Electronic transmission, weekly new customer list 50.00 per year 0501.4230 14 20019 FEE SCHEDULE UTILITIES FEES-WATER METERS Fee Acct Code Water meters (includes copperhorn/strainer, remote wire, and touch-pad meter) 5/8" x 3/" meter 13 b .do $ 130.00 6101.4509 3/4" meter (14-OD 167.00 " 1" meter Z19AO 210.00 " 1 %2" meter !1~311,00 515.00 " 2" compound meter Z'p l4 ZID 1,962.0 " 3" compound meter 2j-M-00 2,516. " 4" compound meter 9.F!&.00 3,864. 0 " 6" compound meter 6 6 6,43§,. 00 " 1 '/z" turbo meter gl',o0lA 82 .00 " 2" turbo meter D(o3.Do 1'00.00 3" turbo meter r4 t t , pD 1,494.00 " 4" turbo meter 2,495.00 " 6" turbo meter •4 ~D~jO, 00 875.00 Replacement remote wire (over 50') ll .12 per foot Replacement outside touch-pad meter 17.00 " #2 copperhorns only ?~ro0 2 " Meter strainers only 2" strainer 3o(,,eO 294. 3" strainer 3g2.00 38 .00 4" strainer 5g9 ov 57 .00 " 6" strainer '11S3,np 5.00 " Radio meter read sending unit i53pppp 141. 6101.4509 Dual port expander G?p .00 6101.4509 15 200 FEE SCHEDULE STREET ASSESSMENTS Fee Acct Code Residential-32' wide Street surfacing 45.00 per FF xxxx.4611 / 4612 Street surfacing with grading ~r7b r4. . per FF " Street surfacing with storm sewer (p/~~,Q per FF " Street surfacing w/ grading and storm sewer per FF " Multiple and Institutional-44' wide Street surfacing 'f 6 ZO 74.70 per FF " Street surfacing with grading 120. 0 per FF Street surfacing with storm sewer ,Vp 10 .75 per FF " Street surfacing w/ grading and storm sewer 1 1.60 per FF " Commercial/Industrial-52' Wide Street surfacing (~O~Op 101.3 per FF " Street surfacing with grading fie [.to, 156 0 per FF " Street surfacing with storm sewer (I{7AP 13 .70 per FF " Street surfacing w/ grading and storm sewer (99 1 4.50 per FF " TRAIL ASSESSMENTS Concrete-6' wide (includes $4.15/FF sod/grading) 5D 33. per FF xxxx.4611 / 4612 Bituminous-10' wide (includes $4.15/FF sod/grading) 2 .60 per FF " OTHER ASSESSMENT-RELATED CHARGES Reallocation of special assessments 150.00 0501.4225 Assessment search 10.00 0501.4225 Pending assessment report .25 per page * Final assessment report .25 per page * " Copies of legal description, owners, etc. .25 per page * 0201.4230 * if less than 100 pages 16 200 FEE S CHED UL E PARKS AND RECREATION CHARGES Residents Non-residents Acct Code All facility rental fees and charges are subject to 6.5% State sales tax. The following facility rental fees require a $150.00 damage deposit (exception: see note at bottom), payable at the time of reservation: Trapp Farm, Thomas Lake, and Blackhawk Park pavilions: All day rental (10am-10 pm) j'J4,00 $ 128.0 t %,W$ 176. xxxx.4625/4626 Half-day rental (10am-4pm, or 5-10pm) 9n.00, 8 .00 (espp 12 0 " Blackhawk kitchen '"AD, 3.00 FD,A> 4 .00 " Enclosed park shelter buildings: All day rental (10am-10 pm) (3A-.DiD 128.0 (~J•~ 176 0 Half-day rental (10am-4pm, or 5-10pm) 8 .00 l'L$,tb 12 .00 " Athletic facilities/shelters: Fields-youth tournament (per field per day) SO•oD 48. 0 IOpAD 96.0 xxxx.4624/4627 Fields-all other users (per field per day) 10POV 7 .00 (427,W 140 " Lights, if required (per field per hour) ~j.V0 00 1r5.00 .00 " Building cleaning (per day) 0.00 xxxx.4625/4626 Eagan Room--City Hall (NOTE: after-hours rental is 2-hour minimum): Youth groups-8 am to 4:30 pm deposit only xe~ N/ Youth groups-after hours (per hr) ((,I X98- «s ID 1 N Local civic groups-8 am to 4:30 pm deposit only /A A+ W Local civic groups-after hours (per hr) ?1100 -29.00 3 <N/A Other citizen groups Per hour rental 3(,tge 29 0 (oO.dO 50.0 3154.4325 Maximum one-day rental 25 .00 54VZO 26 .00 " For-profit organizations Per hour rental ?Z,p~ ;rO ~86► 3154.4324 Maximum one-day rental 4 0 " Note: School organizations that have a joint powers agreement with the City may use the City's park shelters and pavilions free of charge. However the organization must pay a $300.00 damage deposit per pavilion, per event, per school. -Ctf, 17 X 200 FEE $CH DULE S . ~ ~ jqt, 1 l2 rAv ~ 4-v,caD 4 Residents Non-residents Acct Code The following charges are subject to 6.5% State sales tax: Sun shelters (per day) A b.00 $ 43-6 67,oD $ 64.00 xxxx.4625/4626 Picnic kit (requires $50.00 damage deposit) 3 items ,'',W X50 (t'Sd 11. xxxx.4326 Each additional item C70 3-y0 rp,Gb .55 Chuckwagon grill (per day) 45.W 43-9A (o'r,Ap 64. xxxx.4311 Canopy (per day) '74 J0 70. 0 90 00 " Extra picnic tables, each t'Z.GO 1 .00 APO 2 .00 T,~b~g reservations for groups of 20-80, 'Z~ 2•?~ (1.5 hour rental) Trapp Farm Park only <}6d► /person +#-96- /person 3074.4318 Field/facility maintenance fees: Traveling youth teams (per team) 100,06 96.00 N/A xxxx.4624/4625 Adult-up to 9 games (per team) 245.00 230.00 4SIC0460.00 " Adult-each additional game > 9 32.00 f'1,0,7 54.00 IsmadvAe " 2q5.99- -fWA'' Civic Arena rental 66XX.4355/4356 per hr. per hr. Indoor turf pp 7 .00 per hr. 75.W 70.OQ per hr. " Tennis courts (per court per hour) 4Oo 306- SOO-~-AO xxxx.4310/4311 tlic 5'.vo x.25 OwF~ h~ f i/I~S ~r In~vr wc' Twc~ ('I, Zti k owk+ s Pt~~~ s l wpm ~Vr c, f loo,D~ gO,DO )C;?- 18 200)' FEE SCHEDULE PARKS AND RECREATION CHARGES (Cont'd) Residents Non-residents Acct Code Moonshine Park: Upstairs - retreat/meeting space (includes availability of overhead/coffee pot/kitchen) 8:00am - Noon 78,W $ 75.00 q'0,00 $ 85.00` 3158.4625/4326 1:00pm - 5:00pm 1181W 75A0 gOAa 85,00 " 6:00pm - 10:00pm q6'W 1.00 lb1f," 10 1 ' .00 " Full Day (8:00am -10:00pm) =0100 ;3.00 ~ W 235.00 " Downstairs - activity space 8:00am - Noon V7.96 64.06 Zq.dD 75.0,0 " 1:00pm - 5:00pm t1,40 64 60 VV 75 0 6:00pm - 10:00pm CAP& 8 .00 VV 9 .00 " Full Day (8:00am - 10:00pm) L W AD 1 7.00 )A I,pp 2 .00 " Band Shell at Central Park: Permitted use in partnership with Eagan Parks and Recreation meeting community entertainment criteria: No permit fee Permitted use in conjunction with a Community Center paid permitted use - No permit fee 6809.4325/4326 Holz Farm barn rental: Rentals June-August only. Attendant required. Full-day (8 am - 10 pm) ?,40,t7r~ 230:00' '057=2%-aa Staff attendant fee (required) 10.00. per hour 10.00 per hour f. Wetland conservation application fees: i ' Exemption/no-loss determination 100.00 ( plus staff review time 6530.4675 j Replacement plan 300.00 ( plus staff review time " Banking plan 300.00 ( plus staff review time " Certificate of completion 100.00 " Wetland decision appeal (refundable) 500.00 " Band Shell and Public Address System: Rental of the Band Shell only: Half day Full day r _ , • Resident $340.00 $ 640.00 '~c~1 • Non-resident 425.00 800.00 Rental of Band Shell w/sound system* • Resident $540.00 $1,000.00 • Non-resident 675.00 1,250.00 *Required staff technician at $20/hour Half-day and full day are consistent with all pavilion/shelter reservations 10 am-4pm 5pm-10pm 10 am-10pm 2000 FEE SCHEDULE c'~cS,L o owl2oofi; Fcc Sc~cr,~,~C COMMUNITY CENTER FEES , WW yv* tnfA~ . .,for 2an'l. Fee Acct o The Oaks (350 capacity) Sunday - Thursday 0 8:00 am - 11:00 pm 7610.Gb $ 600.00' 6802.2855.x 6802.4324/4325 • 8:00 am - Noon 25 WO 200,00 " • 1:00 - 5:00 pm Z,~j W 20.00 " • 6:00 - 11:00 pm VD,W 250.00 " Friday Full Day °/f ADD 00.00 " Saturday Full Day (f2pa.aa 1, 00.00 " North, South or Central Oaks (110 capacity/each room) Sunday - Thursday • 8:00 am - 11:00 pm 3DO.0p 200.00 • 8:00 am - Noon "P .co 100 0 " • 1:00 - 5:00 pm (rjD pD 1 .00 " • 6:00 - 11:00 pm 1 0.00 " North, Central or South Meeting Rooms (20 capacity/each room) Sunday - Saturday • Resident (d ,O0 12.09/hr * " • Non-resident/For Profit ~V•~ 15.Q0/hr * The Board Room (35 capacity) Sunday - Saturday • Resident 00 16. /hr * 6815.4324/4325 • Non-resident/For Profit VT .00 2 .00/hr * " The Lone Oak Room Full Lone Oak Room • Resident 50,00 45.0 /hr * 6812.4324/4325 • Non-resident/For Profit 'T,OD 55 011hr * " Half Lone Oak Room • Resident 28.0 /hr * " • Non-resident/For Profit 30,60 281/hr * " Teen Center • Resident WO 45hr * 6811.4324/4325 • Non-resident/For Profit WjOD 55 0/hr * " Kid's Kare 25.00/hr * 6813.4324/4325 North, Central, or South Gym $540 W.M/hr 6810.4326/4327 Gazebo 50.00/hr 6844.4326/4327 ..,Sand-~et~ 59:69ftrr *Requires a two-hour minimum rental Note: Deposit required for all rentals 20 11 200 FEE SCHEDULE COMMUNITY CENTER FEES (cont'd) Fitness Membership Fee Acct Code Member enrollment fee - 1 st family member 69.00 6807.4321 Member enrollment fee - each additional family member 10.00 i Monthly fee - Resident/Corporate1 - 1 st family member 32,00 31.9'0 " Monthly fee - Resident/Corporate - each additional 2' 2400 " Monthly fee - Non-resident - 1 st family member 6 Monthly fee - Non-resident - each additional 3 Daily admission to fitness center 10.00 6807.4310 Report Processing Fee Fitness Attendance Activity report 30.00 6807.4304 Open Gym Fees Adult Open 5.00 6810.4318/4319 Youth Open 3.00 " Preschool Open ( includes limited Blast use) 3.00 " Family Open - Adult 1.00 " Family Open - Youth 2.00 " Blast Fees Daily admission 5.00 6804.4318/4319 10-Visit punch card ( residents only 40.00 " Private Rental 150.00 6804.4326/4327 Private Rental (with 8-hr banquet room rental) 100.00 " Birthday Party Fees Standard Blast Package 117 0 6805.4310/4311 Blast additional guest (each) t~-,Gtr 1 .75 " Teen Center - Package One 1 0.00 6811.4310/4311 Package One - additional guest (each) 12.00 " Teen Center - Package Two 150.00 Package Two - additional guest (each) 15.00 " 21 200 FEE SCHEDULE POLICE DEPARTMENT CHARGES Fee Acct Code Police/Fire reports: Police incident and other reports/data $ .25 per page 1101.4221 Background investigation reportCGO(N10.00 " Photos 11 35mm, first print 10.00 1101.4221 35mm, each additional .50 " Polaroid - color photocopy 5.00 " Digital - color print 5.00 " Viewing accident reports (commercial users) .50 per report " Audio tapes (copy) 25.00 1101.4221 Video tapes (copy) 35.00 CD ROM (copy) 25.00 " Other Police charges: Contractual security fjr6.s0 -5#-0* per officer per hour 1116.4234 Contractual security admin. fee (5%) 2-7-0-- per officer per hour 0501.4228 BCA urine or blood test kit 10.00 1101.4691 Driver's license printouts 5.00 1101.4221 144-R& -44G4-.4QL2-t- 49.66~ Police records check/clearance letters Law enforcement agencies no fee Non-law enforcement agencies 5.00 1101.4221 Repeat nuisance call, for third and subsequent calls 250.00 per call 1101.4215 in a 365-day period 22 1 200# FEE SCHEDULE FIRE DEPARTMENT CHARGES Fee Acct Code Fire reports: •2~ $ -&@a" pet- p 1201.4221 Personnel/Equipment: I J Manpower 20.00 per hr (1 hr min) 1201.4242 Chief's vehicle, rescue truck, grass rigs 175.00 per hr (1 hr min) 1201.4242 Pumper, tanker, emergency support vehicle 300.00 per hr (1hr min) 1201.4242 Command vehicle, aerial 600.00 per hr (1hr min) 1201.4242 Safety house: Within City limits Fire prevention (schools, daycare) no fee Other special requests (e.g., birthday parties at stns) 35.00 1205.4242 Outside City limits County Mutual Aid cities (house only) 175.00 per day + mileage " County Mutual Aid cities, manpower, supplies 200.00 per day + mileage " Others (house only) 200:00 per day + mileage Others - House, manpower, material 275.00 per day + mileage " Hazardous material containment/cleanup: Personnel: 20.00 per person per hour 1201.4242 ( one hour minium ) Supplies: actual cost Equipment per equipment rates above 1213.4242 Rescue boat 175.00 per hour (1 hr min) 1204.4242 Hazmat trailer 175.00 per hour (1 hr min) 1213.4242 c2p.2 7 23 200` FEE SCHEDULE FIRE DEPARTMENT TRAINING ROOMS Room deposit of $150.00 to be paid at time of registration (After-hour rental is a 2-hour minimum) RESIDENT NON-RESIDENT Small Large Full Small Large Full Room Room Room Room Room Room Acct Code Youth groups 8am-4:30pm deposit only N/A Youth gps after hours (per hr) 9.00 12.00 15.00 N/A 1201.4324 Local civic groups 8am-4:30pm deposit only N/A Local civic gps after hrs (per hr) 15.00 20.00 30.00 N/A 1201.4321 Other citizen groups Per hour rental 15.00 20.00 30.00 30.00 50.00 75.00 1201.4324 Maximum one-day rental 250.00 600.00 For-profit organizations Per hour rental 30.00 50.00 75.00 30.00 50.00 75.00 1201.4324 Maximum one-day rental 250.00 600.00 Audio Visual 75.00 75.00 1201.4242 Computer connection for and/visual 200.00 deposit 200.00 deposit Microsoft PowerPoint 125.00 125.00 24 200fi'FEE SCHEDULE EQUIPMENT AND STAFF RATES Hourly Rate Acct Code Equipment: (does not include operator labor) Pick-up truck $ 30.00 xxxx.4242 One-ton dump truck 32.00 " Single-axle dump truck 45.00 " Tandem-axle dump truck 55.00 " Bucket Truck 45.00 " Aquatic Plant Harvester / conveyor 55.00 " Tractor 25.00 " Backhoe/loader 50.00 " Front-end loader 80.00 " _Read"gred -45-" " Street sweeper '75,00 46-109- " Roller or paver 30.00 " Air compressor 25.00 " Sewer jetter or sewer rodder 175.00 " Sewer vacuum/jetter 200.00 " Groundsmaster mower 30.00 " Pump, 6" 45.00 " Pump, 8" 50.00 Skid loader 50.00 " Chipper 25.00 " Tanker 45.00 " TV camera-service (1 hour minimum) 200.00 " TV camera-main line (1 hour minimum) 260.00 " Staff rates: Department Director 140.00 xxxx.4242 Assistant City Administrator tv 00 115.00 " City Engineer (2~,Op 120.00 " Maintenance Superintendent 120,00 115.00 " Assistant City Engineer/Sr. Building Inspector ( IFOO 110.00 " Transportation Engineer 10+5,00 100.001 " Building Inspector N,00 90.0 " Park Planner/Landscape Architect ?CAW 90.0 " Maintenance Supervisor 9jjOp 90.0 " City Planner I74>,Ov 115. 0 " Planner qv w 85. 0 " Water Resources Coordinator 95-,OO 90. 0 " Construction Coordinator $P co 85 00 " Utility Construction Inspector %,oo 75 00 Operations Analyst ff M 8 .00 " Engineering Technician $5 pp 8 .00 " GIS Technician 8 .00 " Maintenance Person-regular Wye 5 .00 " Maintenance Person-overtime 0.00 " Intern/Seasonal PO 0.00 " Survey crew (includes vehicle and equipment): 2-person V?O.Oo 125.09 " 3-person (*5jVD 150.0 " Clerical Tech 5D46b .00 " CPM2 ? 25 17 200 FEE SCHEDULE Fee Acct Code City Attorney (Severson, Sheldon, Dougherty & Molenda) General legal t2'( 75 $ 124.0 per hour 9001.2245 Paralegal fees 75 0 per hour Development-related work 1 .50 per hour City Council/APC meetings pa . / 3.00 per meeting Consulting Financial Services Wobschall Ltd 90.00 per hour 9001.2245 26 200# FEE SCHEDULE MISCELLANEOUS FEES/CHARGES Fee Acct Code Animal pickup $ 20.00 1101.4212 Animal impound 4.00 per day over amt billed 1101.4212 to City by pound Antenna-Radio,and PCS: Application f ovv C7 Anocylis 500.00 per site xxxx.4620 Site urve 59A$9 ""ite xxxx.4618 ocument preparation and plan review 2j5po,dV X69 per site andscaping j,~s~pd.~ 8e4ra4Gectc xxxx.4619 s itered► tit rent, 1-9 antennas 2t,,po 20,147 per site per year xxxx.4620 Site rent, each additional antenna tq.Ao .00 per site per month xxxx.4620 Audio tapes-Board/Council meetings actual costs Certification fee for unpaid false alarm or weed bills 25.00 per parcel xxxx.4612 City Plans/Policies: Special Area Plans .25 per page 0201.4230 Comp. Water Supply/Distribution Plan WAO -69766' " Comp. Sanitary Sewer Policy/Plan -15w -56'66 " Comp. Storm Water Management Plar6 beuRd. x-99 biRder -58.80 " Landscape Policy, Shoreland Zoning Ordinance, Sign Regulations or Tree Preservation Policy .25 per page " Water Quality Management Plan ?5,pp 58-90 6501.4230 tL s"ds Data processing reports actual cost +10% " Digital image photocopies (pictometry not included) Color: First 1 3.00 Each additional 1.00 " B&W: First 1 1.50 " Each additional .25 " "Eagan on Deck" playing cards 5.00 0905.4666 False alarm charges-commercial and residential: First 3 false alarms per year no charge Each false alarm after 3 100.00 1101.4214 Fee schedule 25 per page 0501.4230 Invoicing charge 15% to max. of $10.00 0501.4228 Lodging tax 3% of gross receipts ECVB 9001.2210 (5% City admin fee) 0501.4247 Mailing labels actual cost +10% 0201.4230 EkE S;~r, .f-i,<, -1/A/~'iwvtcG , CAP, Or a yr fjt~~iVts~ a~~ 200)` FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Acct Code Maps: City map (Lion's Club): First one free Each additional $ 1.00 0201.4230 Section maps: %2 section-property only 10.00 xxxx.4230 '/2 section-property and planimetric 50.00 ' section-property, planimetric, and contours 150.00 " 1/8 section-prop., planimetric and contours 40.00 Y2 section=-aerial photo 6.00 " section-property only 5.00 " Trunk water or sewer system map 2.50 " Water quality classification map 5.00 " Specialty maps Based on staff rates, p. 25 Zoning or Comp Guide maps: -4-4 r1-7-eeler 15 ~CZZ iowr 5.00 22 x 34 color 15.00 04 % 48 e8leF 2.5.6$ G1S Utility As-Built (1/4 section-digital format) 40.00 " Other digital data/mapping Based on staff rates, p. 25 " Copy of commercial land use 50.00 xxxx.4231 Notary seal (non-City business): First 5 3.00 each 0201.4230 Each additional > 5 .50 each Patch - Eagan Historical Trail 1.00 Photocopies .25 per page 0201.4230 Plans and Specifications 50.00 minimum, varies xxxx.4230 by contract Research of City records (beyond readily Based on staff rates, p.25 % hr minimum xxxx.4231 available material) Parking restriction - sign bagging fee 50.00 2001.4691 Street Closure 25.00 + deposit 2001.4691 Deposit 25.00 9001.2255 Returned check or ACH transfer fee 20.00 0501.4210 Zoning letter Standard 50.00 PLf M-C wt xxxx.4242 Specialty Based on staff rates, p. 25 t " f 23a 28 200~FEE SCHEDULE SUMMARY OF CONNECTION CHARGES The following connection charges are provided for in the City Code. Some or all of them may be collected at the time of: 1) new development applications, 2) new connections to a utility system, 3) the issuance of building permits, and 4) enforcement of agreements; as appropriate in each individual circumstance. Fee Paqe Sewer Availability Charge (SAC) 8 & 12 Sanitary Sewer Trunk Connection Charge (SCC) 12 Water Supply & Storage 8 & 12 Water Meter ' 8 & 15 Treatment Plant Charge 8 & 12 Plumbing Permits 8 Building Permits 8 & 11 Trunk Oversize Charges Sanitary Sewer 12 Water Main 12 Storm sewer 12 Lateral Charges Sanitary Sewer 12 Water Main 12 Storm Sewer 12 Sewer permit-new or repair of existing 14 Water permit-new or repair of existing 14 3.3 a 29 RESOLUTION CITY OF EAGAN APPROVING THE 2007 SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees as listed in the attached shall be effective January 1, 2007. Motion by: Seconded by: Those in Favor: Those Against: Date: December 19, 2006 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of December, 2006. Maria Peterson, City Clerk 023 Agenda Information Memo December 19, 2006 Eagan City Council Meeting B. YANKEE DOODLE ROAD CORRIDOR/ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES ACTION TO BE CONSIDERED: Approve the identified preferred alternatives for each of the three segments for inclusion in the final draft of the Yankee Doodle Road (CSAH 28) Corridor Study & Access Management Guide. FACTS: • On December 4, 2006, the City Council approved a cost participation agreement with Dakota County for the Corridor and Access Management Traffic Study for Yankee Doodle Road (Denmark Avenue to TH 149). The County's study of this 2-mile segment of County State Aid Highway 28 is being performed by SRF Consulting Group, Inc. This study began in June, 2006 and has a completion date set for year's end. • As traffic and development continue to grow along the Yankee Doodle Road corridor between I-35E and TH 149, various segments and intersections are approaching their maximum Level of Service (LOS) capacities. Several existing intersections do not meet the County's Transportation Plan spacing guidelines. Also, as additional development occurs along this corridor, requested new access locations either conflict with the current guidelines or would compromise the long-term mobility and/or safety of this heavily traveled corridor. An access management plan would be helpful in identifying where future accesses could be accommodated and what infrastructure improvements are the most cost effective. • This 2-mule corridor was divided into 3 segments for analysis purposes; the West (Denmark Ave. to Lexington Ave.), the Middle (Lexington Ave. to Elrene Road) and the East (Elrene Road to TH 149). Existing traffic information, including volumes, turning counts, and crashes, was analyzed to determine the current operations and LOS. Future traffic projections were determined based upon Land Use plans and information provided by under developed adjacent business owners (i.e. Thomson, USPS Bulk Mail Center). • On August 2, an Open House was held to introduce the study and solicit public input and discussion of issues and concerns along this corridor. Of the 900+ notices mailed out to all property owners within 1 mile of this corridor, 31 attended the open house. With this additional information, various alternatives were developed for each segment including advantages and disadvantages of each. This refined information was then presented to the public at a 2nd Open House on October 12 attended by 29 people. There have also been individual follow-up meetings with several Property/Business owners where significant right- of-way would have to be acquired for some of the proposed alternatives to be implemented. • At the November 21 City Council Workshop, a summary of the study analysis and preferred alternatives was provided to update the Council on the progress of the efforts and in preparation for the Council's selection of the preferred alternatives on December 19. • The 3rd and final Open House was held on December 7 to present the preferred alternatives resulting from the study analysis. 39 people attended this open house. • On December 12, the County's Physical Development Committee received a summary of the study analysis and preferred alternatives. In January, the County Board will consider adoption of the Study and the phased implementation of preferred alternatives as development or CIF's present those opportunities. The approved study will then be the guiding document to implement future transportation improvements and development approvals along this corridor. ATTACHMENTS: ^ q • Preferred Alternatives Exhibits, enclosed on pages through r13 / . (Mayor, City Council and Tom Hedges please see l lxl7 colored exhibits included under separate cover.) 'n 11A • November 21 Council workshop draft minutes, pages through Q • Correspondence from property owner, page a 3,-t r~ - ld U „J J U .J. 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M x m o c~ r W O L.i Z o v a b .SC ~*~,s. + $+1• Y--d O U 0r ~ ~tx ~ v o ~ rJ a~ 4+ t i. cz > O A > ? 0 = d c ¢ y F 5 -c J a 1 ° N i 04 x O O~ a'S Q O 00 y ~ ~ O ~ p co ~ U7 U N Q N J C ~ ~ N N C*-• N ~ U ~ N ^ c H y. 0? y b U W U y cd a0 N O r C w N U O N 4n 1 U 3 y 4 b 3 a~i at V) C) ~j it F4 LLB N Q a O V to ~ 14 Z 4i / d fl ci W ri z ro 0 cd -6 yy t ,0 ,Jr 6 d _ ...'gyp I I~V _ I D aY ~V V 1 ~ 'C T d ei r nt, 1~ ~ • '1l ~ i Y_ 4A1 l ' = Yi1 w L H L z F~ pi ~M w s I I ~ C T ~ t L ~ x W-ft ao _ 2, 8 4 R ~ ~1 II it 2, t . I MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 21, 2006 4:00 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Acting Mayor Carlson, Councilmembers Fields, Maguire, and Tilley. Mayor Geagan was absent due to being hospitalized for scheduled surgery. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert, Director of Parks and Recreation Johnson, and Fire Chief Scott. 1. ROLL CALL AND AGENDA ADOPTION Acting Mayor Carlson called the meeting to order. Councilmember Tilley moved; Councilmember Maguire seconded a motion to adopt the agenda reversing the order of Agenda item III, Yankee Doodle Road Access Management Study - Options and Preferred Alternative Presentation, and Agenda item IV, Community Development Block Grant Allocation for 2007. Aye: 4; Nay: 0 IV. YANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY - OPTIONS AND PREFERRED ALTERNATIVE PRESENTATIONONS City Administrator Hedges introduced this item and presented background information regarding the purpose of the study, steps that have taken place to date, and future activities that will ultimately result in County and City capital improvement programming to implement the necessary improvements. Director of Public Works Colbert outlined four items that were specific drivers in undertaking the study including: 1) projected traffic volumes on County Road 28, 2) increased crash rates, 3) potential additional development along the corridor; and 4) the required coordination of the County and City CIP programming. Director Colbert introduced Kristi Sebastian, Dakota County Traffic Engineer and Frank Loetterle of SRF Consulting Group Inc. as participants in the study and noted that they would present additional information. He further explained the three key principles of safety, mobility and accessibility behind the study recommendations and how they must be balanced to arrive at mutually acceptable solutions. Ms. Sebastian provided additional background and stated that the study group is preparing for the 3`d public open house showing on December 7 at which time they will display the preferred alternatives for each of the three segments of the roadway. The segments are defined as: Denmark Avenue to Lexington Avenue (West Segment), Lexington Avenue to Mike Collins/Ivy Lane (Middle Segment) and Mike Collins/Ivy Lane to Dodd Road (East Segment). Mr. Loetterle explained the issues being experienced or likely to be experienced by the traveling public, options considered as potential solutions by the study team in each of the segments along with the advantages and disadvantages of each. He further explained the preferred alternate for each segment as arrived at by the project study team. C ~D West Segment between Denmark Avenue and Lexington Avenue All alternatives include the following: • No access changes to intersection of Lexington Avenue and Yankee Doodle Road • Widening of Yankee Doodle Road to 6-lanes throughout entire segment • Signal phasing and intersection improvements at the intersection of Denmark Avenue and Yankee Doodle Road The study team preferred alternate is 2-W which includes the following: • At Yankee Place: o No left turns from Yankee Place to Yankee Doodle Road o Right turns in and out are allowed • At Promenade Avenue: o New two-phase traffic signal to control left turns on eastbound Yankee Doodle Road o Eastbound traffic does not stop at intersection o Westbound traffic must stop to allow eastbound left turns o Left turns from Yankee Doodle Road onto Promenade allowed, but left turns from Promenade onto Yankee Doodle Road restricted • At O'Leary Lane: o Right turns in and out only allowed • At Denmark Avenue and Town Center Drive: o Left turns restricted from southbound Denmark to eastbound Town Center Drove Middle Segment between Lexington Avenue and Mike Collins/Ivy Lane All alternatives include the following: • No access changes at the intersection of Lexington Avenue and Yankee Doodle Road • Widening of Yankee Doodle Road to 6-lanes through the intersection of Lexington Avenue and Yankee Doodle Road • No access changes at Wescott Square The study team preferred alternate is 2-M which includes the following: • At Discovery/Golfview Drive: o No left turns from Discovery or Golfview to Yankee Doodle Road o No crossing Yankee Doodle Road between Discovery and Golfview o Right turns in and out are allowed • At Columbia/Wescott Woodlands: o New traffic signal o New roadway constructed to connect Discovery Drive and Columbia Drive o New driveway access to industrial site * This alternative assumes a public road connection between Discovery Road and Columbia Drive. No specific alignment has been selected. Additional engineering studies are required to determine the exact location. East Segment between Mike Collins/Ivy Lane and Dodd Road All alternatives include the following: • The intersection of TH 149 (Dodd Road) and Yankee Doodle Road will remain as a full access signalized intersection for each alternative The study team preferred alternate is a modified 2-E which now includes the following: • At Mike Collins/Ivy Lane: o Right turns in and out from Ivy Lane and Mike Collins only are allowed • An extension of Borchert Lane from Mike Collins Drive to TH 149 • At Elrene Road: o New traffic signal to accommodate full turning movements • At existing Gopher Resources and Commons (LoNidy Addition) entrances: o Right turns in and out are allowed at north entrance o South entrance closed o Full access will be provided by a new road connecting south Gopher Commons (LoNidy Addition) to the new intersection at Elrene Road The City Council expressed concerns about traffic issues in the Promenade area where the private road accesses Denmark. Mr. Loetterle suggested that a site circulation study may be necessary to determine potential solutions, although intersection modifications and changes to the signal sequencing at Denmark and Yankee Doodle Road should help the current situation. Director Colbert noted future steps include the 3`d open house, discussion by the Dakota County Physical Development Committee, the City Council again on December 19, 2006 and the Dakota County Board next January. Any City comments should go to the Dakota County Physical Development Committee for their consideration. The desired outcome is for the City and County to agree on preferred alternatives for adoption and incorporation into future improvements. The City Council asked that future materials include larger graphics for only the preferred alternatives along with the key to define the map markings. It was explained that most public comments concern having less direct access to Yankee Doodle Road and a decrease in mobility on the roadway. The comments are all being considered in light of balancing the three parameters of safety, mobility, and accessibility. The assumptions used in the study project growth over a 20 year time horizon and incorporate the assumption that the ring road will be built. The Northwood Parkway Bridge over 35E is a key component of this planning and would also help the Denmark concerns discussed earlier. When Director Colbert asked if the City Council had any comments to forward to the County Board, the Council indicated an informal concurrence with the recommended alternatives (#2) for the Middle and East Segments and wanted to give more thought to the West Segment. Director Colbert explained that all exhibits are available on the Dakota County Website for public viewing. a yo2- 17 ® DON STEVENS, INC. S ~t REFRIGERATION • FOOD SERVICE • LODGING • HVAC ertling 6 wpitGL G L 12 .JtrI December 8, 2006 RECEIVED Ms. Kristi Sebastian Traffic Engineer DEC I Dakota County Transportation Department _cf~_ 14955 Galaxie Avenue, 3`d Floor T Apple Valley, MN 55124 ENGINEERING DEPR € MDJ Re: CSAH 28 Corridor Study Impact Dear Kristi; Per our conversation at the 3`d Open house yesterday, we would like to address our thoughts and concerns related to the current alten:atives impacting our property at 980 Discovery Road. As the two co.-owners of Don Stevens, Inc. and Discovery Road Partners, LLC (the building owner) we are committed to the area and-are just completing as 9,000 square foot expansion project on the north end of our building. Our understanding is that M-2 is the preferred alternative at this point. Our belief is that M-3 would be more efficient and cost-effective. However, we would certainly work with the city and county based on the broadest view of needs and implications. Our concerns, regardless of the selected Alternative, include: 1. We feel strongly that there should be no assessments to our property based on these proposed access changes. 2. If any Don Stevens, Inc. property is encumbered by new construction, that we be fairly compensated for any transfer of land. 3. We need to preserve our ability to add expansion warehouse space on the east side of our property 4. We need to consider our proof of parking requirements if our land is utilized for one of the proposed solutions. Thank you in advance for your due consideration. Sincerely- Ji ec ann Dave DeSuttr President Vice President Cc: Mr. Russ Matthys, PE Mr. Timothy Plath, PE, PTOE www.donstevens.com Eagan Office Iowa Office . Minot Office 980 Discovery Road Interstate Business Park 620 20th Avenue S.W. Eagan, Minnesota 55121 4269 109th Street Minot, ND 58701 Phone: 651-452-0872 Urbandale, IA 50322 Phone: 701-838-9999 WATS: 800-444-2299 Phone: 515-270.6622 WATS: 800-481-1201 Fax: 651-452-4189 WATS:800-383-2823 Fax: 701-838-7575 ` Fax: 515-270-455.7 Agenda Information Memo December 19, 2006 Eagan City Council Meeting C. LOTS 1 & 2, BLOCK 1, SILICON GRAPHICS 1ST - (WATERS ANNEX) EASEMENT VACATION, CSM CORPORATION ACTION TO BE CONSIDERED: 1. Approve the Vacation of public drainage and utility easement within Lots 1 & 2, Block 1, Silicon Graphics Addition and authorize the Mayor and City Clerk to execute all related documents. 2. Approve Final Subdivision (Waters Annex) to create one lot and three outlots upon approximately 42 acres located in the SW 1/4 of Section 1. FACTS: ➢ A public hearing was held on the Vacation request on December 4, 2006 and Council action was postponed to be concurrent with approval of the final plat. ➢ The Preliminary Subdivision was approved April 18, 2006. ➢ All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. ATTACHMENTS Location Map, page Legal Description & Graphic for Vacation, page Y~ ,0~ q9P Final Plat, page J a~~ espan sour►dary ~ Riglft of-way Location Map Park Area Park Area Building F*&4Pdnt Y O 04 ' 6-0 4th U Sub ect Site O ° OF am 1 16 - • ' f 1000 0 1000 2000 Feat MEMIMMUM.Mni Development/Developer. Waters Annex s d Application: Preliminary PD, Preliminary Subdivision Case No.: 01-PD-01-03-06 and 3-06 Map PmpKM ualn° E Vlw Pa mep tlats provlWC N by oakate count kA~ of css ■nd m as of Apra sons City of Ealan THIS MAP IS INTENDED FOR REFERENCE tISE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of teis Information and are S "mmunny Deveie~ment aeP+rtment not responsible for errors or omissions. 9HTS INTERSTATE 494 Q Proposed D~j Vacation LONE OAK ROAD 1 BUNK Ham, No 55 I W O Q I U z o I CD Z x L4 LLI J I ~ FYANKEE DOODLE ROAD I I s p~ Z~ ~O I i 4-) v 4 Silicon s 1 st Add. city of Eaku Proposed Easement Vacation 11-1-06 Engineering Department Location Map CSM EQUITIES, L.L.C. - Petition to Vacate - Waters Annex DESCRIPTION OF EASEMENTS TO BE VACATED 1. The following drainage and utility easements dedicated in the plat of LONE OAK, which plat was filed of record on May 24, 1985, as Document No. 688442, Office of County Recorder, Dakota County, Minnesota: All drainage and utility easements dedicated within those portions of Outlots H and L of the recorded plat of LONE OAK, embraced within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION, and all drainage and utility easements dedicated within Outlot G of the recorded plat of LONE OAK. 2. The following drainage and utility easements dedicated in the plat of CRAY ADDITION, which plat was filed of record on January 15, 1988, as Document No. 823591, Office of County Recorder, Dakota County, Minnesota. All drainage and utility easements dedicated within Outlots B, C, and D, CRAY ADDITION. 3. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of CRAY SECOND ADDITION, which plat was filed of record on October 24, 1989, as Document No. 909674, Office of County Recorder, Dakota County, Minnesota, All drainage easements for ponding and all drainage and utility easements dedicated within Outlots A, B and C, CRAY SECOND ADDITION. 4. The following drainage easements for ponding and drainage and utility easements dedicated in the plat of SILICON GRAPHICS FIRST ADDITION, which plat was filed of record on April 17, 2001, as Document No. 1765742, Office of County Recorder, Dakota County, Minnesota. All drainage easements for ponding and all drainage and utility easements dedicated within Lots 1 and 2, Block 1, SILICON GRAPHICS FIRST ADDITION. 7 o ace 1 'E z e OR: I 643 i I <f .S.Y I i I O O - ~ ~E°,■■j I I In = ~v2i i• 4 ~ N r° I I- O O 4as i~Ii IS I N W W ~~.E( r J N °S~E,- I I6 Z Q C W U O 2 p O N d N W m _ t Z o e W m Z_ N L [ X o N v O t IL m I . fem..` W ~ - _ a Y. o 1 j , I 1 -1 is i i W Li tn W ~ ~ O Z F \ ; I W yWj W 20 N N 0 W W d W IWA i z P p a. N " / L r O wa o 1 J a ~U ZZ,96 3.Gt,Z6.00N v rv g^ d3 ~ 4 , wnes.urou-- ---r-~{---,----=~,°,:v~,.s • - nsol ~ »e ~ ~ e ~ QJG ~N3 Se - ` O I I ~ ~~m o a~ o J~ 1 LLI o ~ U ~ °o crest F z b i ~ ~ ~ {scS. z . I - f na „r•` F.` - lryh ~.9gyryy Amy ' + vwn. or lW ' 4ay~`'•uN•~''+4b` ~~4 }`Q \'`•j'a QJ Isi 5` X78 30 _ - _ ~_GD 1 _ 1• ' g 1 FF_ I ~ t i II V~ I ~ _ I I ~ nJ, Agenda Information Memo December 19, 2006, Eagan City Council Meeting D. FINAL PLANNED DEVELOPMENT -LOT 1, BLOCK 1, WATERS ANNEX ACTIONS TO BE CONSIDERED: To approve a Final Planned Development to construct a 54,880 sq. ft. building located on Lot 1, Block 1, Waters Annex, in the SW 1/4 of Section 1. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The Preliminary Planned Development approved earlier this year provided for an office/warehouse building on this site. The Preliminary Planned Development specified a 55,000 sq. ft. building with not more than 40% warehouse. ➢ White House Custom Colour is acquiring the property from CSM, and is developing the lot in two phases. The first phase consists of 35,880 sq. ft. The proposed use is office and manufacturing/production, with 10% warehouse. ➢ The proposed development is consistent with the Preliminary Planned Development Agreement governing this property. ➢ The Final Planned Development Agreement is anticipated to be signed and in order for execution at the regular meeting of the City Council ATTACHMENTS (1) r Location map on page ~J asd Eagan Boundary /1~V/1 Parcel Area Location Map a Park Area - Building Footprint l \ ~ V MENDOTA HEIGHTS n O A A~ f Q o = Subject Site U 1► l o ',q to * P ® •r ii tiv •a v i C) pia, 3 `f GJ t in ..8 We I on, 16 C ' s r °r,"e, co rocewr. •o. as e ' 1* b nlI a Aim 1000 0 1000 2000 Feet anuelawani White House Custom Colour Final Planned Development L1, B1, W ers An Map Prepared us RSI Arc%ri 9.1. P ase nap data provided N by Dakota Cou floe s current as of April 2005. City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Agenda Memo December 19, 2006 Regular City Council Meeting OLD BUSINESS: E. Approve Caponi Art Park and Learning Center Tunnel Fence Removal ACTION TO BE CONSIDERED: Pending approval from Dakota County, approve the removal of the fence from the Diffley Road pedestrian tunnel and enclosure of the tunnel within the fences of the Caponi Art Park and Learning Center. FACTS: • The Public Works committee met with Cary Felbab, Chair of the Caponi Art Park and Learning Center at their meeting on December 11, 2006 to discuss the removal of the tunnel fence and enclosure of the tunnel within the art park. The Public Works committee agreed to recommend the following: o The City would assume the cost for removal of the fence in the tunnel. o The Caponi Art Park and Learning Center would assume the cost and construction of a fence according to specifications approved by both the City and the County that would close the tunnel to unlimited public use. o The tunnel would be open from 9:00 a.m. to sundown every day of the year, weather permitting, with the physical opening and closing administered by an employee or volunteer of the Caponi Art Park and Learning Center. o It will be necessary for the Caponi Art Park and Learning Center to apply for a variance to allow the joint use of motorized vehicles with pedestrian traffic through the tunnel while the tunnel is open to the public. o Upon review and action by the City Council at the December 19 meeting, it will be necessary for the Caponi Art Park and Learning Center Board to seek a similar approval by Dakota County before any work is done on the tunnel. • At the November 21, 2006 Special City Council Meeting, Mr. and Mrs. Anthony Caponi along with Cary Felbab, chair of the Caponi Art Park Board, requested permission to remove the fence from the Diffley pedestrian tunnel and allow the Caponi Art Park and Learning Center to enclose the tunnel within the fences of the art park. The item was referred to the Public Works Committee for further discussion. • Since the November 21 sc meeting, staff has discussed the request with staff from Dakota County since Diffley Road is a County Highway. Preliminary County C~ SC~ comments indicate that it is doubtful that the County would allow any portion of this tunnel or trail to be vacated, abandoned or restricted to the general public. Enclosed is a memo from Public Works Director Colbert regarding the County's response. ATTACHMENTS: eeting of December 11, 2006 are • Minutes from Public Works Comrr enclosed on pages, through cW' • Memo regarding County interest in the tunnel on page; NOTES PUBLIC WORKS COMMITTEE MEETING December 11, 2006 Attendance: Those present for the Public Works Standing Committee meeting held on Monday, December 11, 2006 at 7:00 p.m. were Public Works Committee members/City Councilmembers Cyndee Fields and Mike Maguire, Director of Parks and Recreation Juli Seydell Johnson, Director of Public Works Tom Colbert and City Administrator Tom Hedges. Review Inver Grove Heights Plans for a Pedestrian Trail in Broadmoor Park • The City Administrator introduced the item by sharing some history about the Inver Grove Heights proposal to build a hard surface trail in Broadmoor Park. He stated that Broadmoor Park is in Inver Grove Heights with its western border abutting several residential lots along Westin Hills Drive in Eagan. A summary was given for meetings held in the months of September and October between Eagan residents and elected officials from the City of Inver Grove Heights regarding plans for the trail, impact on Eagan residents and how the Joint Powers Agreement affects the proposed trail improvements. • Director Colbert stated that the main reason for the Joint Powers Agreement between the City of Eagan and Inver Grove Heights is the interconnection of utilities. • Director of Parks and Recreation Johnson gave background on a meeting she attended at Broadmoor Park with the Inver Grove Heights City Councilmembers, residents from that community and neighbors from the Westin Hills development. ~orks Ms. Stephanie Favre and one other Westin Hills neighbor appeared at the Public Committee and shared their concerns about the proposed hard surface trail. Councilmember Fields spoke to the severe elevations and concerns about the trail if the area should experience a high water balance due to a storm. She emphasized the amount of wetlands and how the trail appears to not have compatibility with the topography given the severe elevations and need for wetland mitigation. • Councilmember Fields stated that there should be no trail and, in five (5) years, it might be appropriate to evaluate where the natural walking trail has developed. She further stated that there should not be a hard surface trail due to the clearing of trees that would likely be necessary for a construction easement. asp • Councilmember Maguire agreed that trees should be preserved on the Eagan side and that Inver Grove Heights' need for construction right-of-way could impact the trees in the Westin Hills development. • Councilmember Maguire also stated that it is important that the City of Eagan not be hypocritical in the sense that public trails exist in backyards of neighborhoods throughout the City of Eagan and are working quite well. He further stated that, due to the topography, existing trees, wetland and other factors, he would agree that a hard surface trail is not appropriate for this location. • After further discussion, staff input and discussion with residents in attendance, it was determined that; 1) the existing elevation of the berm may not be altered as it is a condition of the 1997 Joint Powers Agreement, 2) no hard trail be constructed due to the amount of disturbance that existing trees would likely suffer in addition to the impact on the existing tree root zone; a requirement because easements would likely be required from Eagan residents, 3) communicate a preference that the trail project be delayed to determine the actual use patters of the neighboring subdivision residents, and 4) respectively submit a letter to the City of Inver Grove Heights acknowledging the City of Eagan's review and recommendations relative to a proposed trail in Broadmoor Park. Caponi Art Park Learning Center Tunnel Fence Removal City Administrator Hedges provided some background on the request by the Caponi Art Park and Learning Center to remove the fence located inside the pedestrian tunnel under Diffley Road and enclose the tunnel within the fences of the art park. The tunnel currently connects public trail ways on the north and south side of Diffley Road and parcels for the Caponi Art Park and Learning Center. • Drawings were presented using pictometry to view the tunnel trail connections relating to pedestrian movement on Diffley Road as well as utilization of the tunnel for the Caponi Art Park and Learning Center activities. %aming Cary Felbab, representing the Board of Directors for the Caponi Art Park and Center, stated that the gate would be open during hours of operation for the Art Park; the access to the tunnel would be closed at night preventing misuse of the tunnel. Mr. Felbab summarized the recommendation of the Board to remove the fence from inside the tunnel, enclose the tunnel within the fences of the art park, close the tunnel at night. The Board feels this will better service construction vehicles, golf carts and other art park uses of the trail. • Mr. Felbab also spoke of the public nuisance from the gathering of individuals inside the tunnel. Staff stated to their knowledge there has been no police record of any incidence in the tunnel creating any concern for public nuisance. • There was discussion about different concepts that could work for removing the fence from the tunnel and installing new fences to provide security for the art park. a s-~ These included keeping the tunnel open 24 hours a day by placing gates on the fences that secure the Caponi Art Park and Learning Center property on each side of the tunnel. This would allow for the Caponi Art Park to regulate times the gates are to be open for public use of the Art Park and Learning Center grounds and make room for construction vehicles the size of golf carts to use the tunnel, while allowing the tunnel to remain open to public trail use at all times. • It was also noted that any action by the City would require presentation and approval by Dakota County; this should occur after the City Council considers the Public Works Committee recommendation at the December 19 meeting. • After further discussion, the Public Works Committee members agreed on recommendation to the City Council to consider the following: o The City would assume the cost for removal of the fence in the tunnel. o The Caponi Art Park and Learning Center would assume the cost and construction of a fence according to specifications approved by both the City and the County that would close off the tunnel. o The tunnel would be open 9:00 a.m. to sundown everyday of the year, weather permitting, with the physical opening and closing administered by an employee or volunteer of the Caponi Art Park and Learning Center. o It will be necessary for the Caponi Art Park and Learning Center to apply for a variance to allow the joint use of motorized vehicles with pedestrian traffic through the tunnel while the tunnel is open to the public. o Upon review and action by the City Council at the December 19 meeting, it will be necessary for the Caponi Art Park and Learning Center Board to seek a similar approval by Dakota County. a5 6 4b~ City of Eapn ma TO: PUBLIC WORKS COMMITTEE MEMBERS FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: DECEMBER 7, 2006 SUBJECT: DIFFLEY ROAD PEDESTRIAN UNDERPASS & CAPONI ART PARK - COUNTY JURISDICTION A fair amount of research and background information has been assembled in response to Mr. Caponi's request to have the existing Caponi Art Park security fence removed from the pedestrian tunnel under County State Aid Highway 30 (Diffley Rd.) which would essentially restrict the general public's access to this underpass. It is my understanding that Mr. Caponi proposes to relocate certain portions of his security fence to fully incorporate the tunnel within the boundaries of the Art Park. The tunnel was installed as part of the County's upgrade of Diffley Rd in 1993 under a Cooperative Cost Participation Agreement between the City and the County. Under the terms of the agreement, the City was responsible for 100% of the cost of a tunnel and the perpetual maintenance of the trail within it. The County is responsible for all structural maintenance of the tunnel itself. At the request of Mr. Caponi, the minimum size of the approved pedestrian underpass was expanded to accommodate the minimum widths of two separate trail functions (i.e. general public and Art Park users) by way of a security fence. 100% of the over-sizing and fencing was the responsibility of Mr. Caponi and specially assessed to him. The original concept of the tunnel arose when it was learned that the continuation of the trail construction along the south side of Diffley Road would result in an extensive cut slope into the hill of the Art Park property reducing its current amphitheater effect. The City Parks Commission and Council were supportive of the additional expenses to minimize this impact while still maintaining the continuity and integrity of the County's trail system along County arterial roadways. In conversations with the County's Transportation Department and the County Attorney's Office, the trail along the roadway and within the tunnel still remains under the jurisdictional authority of the County (within the County's right of way). Any proposal to modify or transfer jurisdictional control would likely require the County's approval. Preliminary County comments indicate that it is doubtful that the County would allow any portion of this tunnel or trail to be vacated, abandoned or restricted to the general public. Respectfully submitted, v~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 19, 2006 A. CALL TO ORDER B. ADOPT AGENDA ~ D C. APPROVE MINUTES / (D D. OLD BUSINESS ~b 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Direction Regarding Status of Core Area Development Agreement with Schafer Richardson 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Occupancy Proposal for Grand Slam at Cedarvale Mall E. NEW BUSINESS E. OTHER BUSINESS F. ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting December 19, 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic .Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to ran concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 9, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the November 9, 2006 EDA meeting on pages 0?9 a MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 9, 2006 A meeting of the Eagan Economic Development Authority was held on Thursday, November 9, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the September 5, 2006 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT UPDATE REGARDING STATUS OF CORE AREA REDEVELOPMENT AGREEMENT WITH SCHAFER RICHARDSON Community Development Director Hohenstein provided an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of the Cedar Grove Redevelopment District. Commissioner Carlson moved, Commissioner Fields seconded a motion to receive an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corporation for the redevelopment of the core area of the Cedar Grove Redevelopment District, and directed further review by the Finance Committee. Aye: 5 Nay: 0 NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK Community Development Director Hohenstein discussed the proposed collateral assignment of the development agreement between the City and MG Eagan, LLC to LaSalle Bank. Commissioner Carlson moved, Commissioner Tilley seconded a motion to adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting at 8:00 p.m. Date Thomas Hedges, Executive Director ~V/ Agenda Memo Eagan Economic Development Authority Meeting December 19, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT - DIRECTION REGARDING STATUS OF CORE AREA REDEVELOPMENT AGREEMENT WITH SCHAFER RICHARDSON ACTION TO BE CONSIDERED: To provide staff and the City Attorney with direction regarding the TIF Development Agreement between the City and Cedar Grove Development Corp to: • Approve the Termination of Development Agreement. Or • Find Cedar Grove Development Corp to be in default of the development agreement and authorize a notice of default to be sent to the developer. Or • To provide such other direction as may be appropriate. FACTS (New Information in Bold): • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans for the area. • Under the TIF Development Agreement between the City and Cedar Grove Development Corp., which was approved by the EDA and City Council at its meeting of January 17, 2006 and amended on May 16, 2006, the developer and the City set out dates for several actions that will lead up to the commencement of the redevelopment of the core area. They include dates for the submission of a Phase I Site Plan, submission of a development application, submission of written affirmation of an intent to proceed with the development and a deadline for the purchase of the Cedarvale Mall by the developer from the City. • As the Developer's staff proceeded with preparation of the Phase I Site Plan and approached the deadlines in the May 16 amendment, they identified issues that they wanted to address prior to proceeding with the submittals. Those issues relate generally to the results of an updated market study, additional input from prospective commercial tenants about the layout of the commercial segments of the property and project cost analyses. ~6~ • The Developer requested and the City approved a Second Amendment of the Development Agreement on July 18, 2006 that extended the deadline for submission of the Phase I Site Plan to October 23, 2006. • In the meantime, the City proceeded with the acquisition of the Cedarvale Mall and the tenant relocation activities and continues to negotiate for the acquisition of other properties in the Redevelopment Area. • A Phase I Site Plan has not been received. • At its meeting of November 9, 2006, the EDA received the attached letter and memo regarding the status of the development agreement and referred the matter to the City Council Finance Committee for review and recommendation. The Finance Committee is recommending that the development agreement be terminated. The City Attorney has prepared an agreement to terminate the development agreement and has submitted it to the developer for consideration. • If the agreement has been executed by the developer in advance of Monday's EDA meeting, it will be in order for action by the EDA and City Council. If the agreement has not been executed by the developer, the EDA and City Council may consider declaring the developer in default and authorize a notice of default to the developer. The developer has 30 days to cure the default. • If the agreement is terminated, staff would propose to. request direction for next steps to proceed with the redevelopment of the area at a future Council or EDA meeting. ATTACffi1MNTS: • Termination Agreement on pages • Finance Committee meeting notes on pages 0 through • Developer's letter on ke taff memo on pages ugh S Area map on page Approved site plan on X63 TERMNATION OF DEVELOPMENT AGREEMENT THIS TERMINATION OF DEVELOPMENT AGREEMENT ("Agreement") is made this - day of 2006, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA" CITY OF EAGAN, a Minnesota municipal corporation (the "City"); and CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation (the "Master Developer"). The EDA, City and Master Developer are hereinafter collectively referred to as the "Parties." WHEREAS, the Parties entered into a Development Agreement dated January 17, 2006; a Supplement to the Development Agreement dated January 17, 2006; a First Amendment to the Development Agreement dated May 16, 2006; and a Second Amendment to the Development Agreement dated July 18, 2006 (collectively the "Development Agreement") relating to Tax Increment Financing District No. 1; and WHEREAS, the Parties desire to terminate the Development Agreement and release each other from any further obligations under the Development Agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Master Developer, the Parties hereby covenant and agree as follows: 1. TERMINATION OF DEVELOPMENT AGREEMENT. The Parties hereby agree that the Development Agreement is hereby terminated in all respects and each party is hereby relieved of any further rights or obligations under the Development Agreement. ~6 ~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By Pat Geagan Its: President By Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By Pat Geagan Its: Mayor By Maria Petersen Its: City Clerk CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation By Its 2 ~ ~ STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2006 by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2006 by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2006 by , the of Cedar Grove Development Corp., a Minnesota corporation, on behalf of the corporation. Notary Public 3 (J~ a THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-23508) 4 0~-;~ Meeting Notes Finance Committee Meeting October 3, 2006 1. Adoption of Agenda The Agenda was adopted as presented. II. Business Assistance Policy and Public Financing Policies Community Development Director Hohenstein provided an overview of the background regarding Business Assistance Policies and Public Financing Policies. He indicated that cities that provide public financing assistance to private businesses or developments are required by statute to adopt and follow a business assistance policy, which among other things lays out specific job and wage level goals for projects that do not involve redevelopment or housing development. The City's most recent Business Assistance Policy was adopted in 2001, prior to statutory amendments that require it to be updated. He stated that the Economic Development Commission's Finance and Development Committee had largely completed an update of the Business Assistance Policy and TIF Policy, but that the full Commission had not acted on a recommendation at the time that the EDC was disbanded. He said that the EDC Committee's approach to the policies was that the Business Assistance Policy would apply to all types of assistance and that a "tool box" of financing methods, such as tax increment financing and a revolving loan fund, would be tools within the tool box. The one outstanding issue was the specific job and wage goals to be set for economic development projects where job or business development is the purpose of the assistance. He indicated that many policies set higher wage or leverage requirements to help create living wage of head of household jobs and prevent public financing from being used to create low wage jobs or small numbers of jobs. Taking a somewhat different approach, the EDC Committee had suggested setting a low minimum of one job at federal minimum wage to create the greatest flexibility for the Council to approve projects regardless of the number of jobs or their wage level. The EDC Committee had determined that both approaches should be presented to the Council for consideration in the adoption of the policies. The Finance Committee indicated that it would be more appropriate to have higher wage and job creation goals in the City's policies. It was noted that other City policies do permit Councils to waive or amend the goals for specific projects if they determine that the project warrants it. Hohenstein also overviewed information relative to Tax Abatement authority and the Twin Cities Community Capital Fund, which the Council has authorized the City to join at the recommendation of the EDC. The TCCCF is a revolving loan fund, which resells loans on the secondary market to leverage more loans than a single city's loan fund could capitalize. The Finance Committee concluded that the basic approach of a master policy and tool box is appropriate. The Committee directed staff to develop wage and job goals that would require higher base wages and a relationship between the level of assistance and number of jobs. The Committee indicated that it is not supportive at this time of the City using tax abatement authority and that staff should prepare a policy statement to that effect. Finally the Committee directed staff to prepare a brief policy statement indicating that the City will generally apply the Business Assistance Policy to businesses seeking financing through the TCCCF, but that the City would not add criteria or standards beyond the basic TCCCF determination of eligibility and credit worthiness for such loans. The revised job and wage goals and the policy statements regarding tax abatement and TCCCF were to be returned to the Finance Committee for a recommendation to the full Council on the adoption of the policies. Ill. Other Business City Administrator Hedges briefed the Finance Committee on the status of discussions with a prospective user of the Eagan Civic Arena. He noted a number of items that need additional clarification and discussion to include potential bonding questions, payment of operating costs, and a desire to use new revenue streams such as naming rights and/or advertising sales as a mechanism to pay for ice time use. Director of Administrative Services VanOverbeke covered the basic financing elements relating to new construction as they have been discussed and noted a list of questions that need to be answered by a bond attorney before additional substantive discussions can be held. Due to potential client conflicts it has been problematic to get the questions addressed to date. The Finance Committee provided direction that interior naming rights may be appropriate and that any revenue deal needs to be straight forward and simple. They also directed that if all of the bonding questions can be satisfactorily answered, protection must be provided to ensure that no debt service requirements become obligations of the City. IV. Adjournment p.6 9 S chafer 0-11 Richardson November 2, 2006 Mayor and City Council: Thank you for the opportunity to work on the Cedar Grove project over the past several years. We.have enjoyed working with you, your staff, and the City's consultants to make the redevelopment of the Cedarvale Mall and the surrounding 70 acre area an asset to the City of Eagan and the region The site plan which you saw and. approved as part of the development agreement turned out not to be supportable in the current market. Specifically, • Market conditions for for-sale housing have worsened substantially. As you know, condominiums and townhomes were a large part of earlier site plans. • The amount of freestanding commercial space - which is more feasible than residential space in the current market - needs to be increased. However, it is limited by traffic constraints and the City's design guidelines for the area. In an effort to make the project more market supportable, we made several changes to the proforma: • We replaced some condo units with rental units, • We replaced condo units with senior housing units, and • We increased the amount of commercial square footage. We do not feel that the project as it is currently structured is feasible. Over the past few months, we have spent considerable time testing different mixes of land uses to attempt to create a redevelopment plan which is market supportable and successful. Some of these changes are: • We increased the land price for townhome lots, - • We increased the land price for commercial land, and • We increased the market values for the townhome units and commercial land, which increases the amount of TIF available. After all these changes, the project profomna still has a considerable financial shortfall, and it puts too much risk on us as the developer. The project currently has a gap' of over $2 million, and the gap for Phase I - the most critical phase for financing and marketing the project - has a much larger gap still. Real Estate Develo ent pm Construction invesanent Leasing Manzgement 00 Banks Building 615 First Avenue NE Mmaeapoli% MN 55413 Phone 612.371.3000 Fax 612.359.5858 wtc svsr-re.rnm Mayor and City Council November 2, 2006 Page 2 We believe that additional financial assistance from the City is required to make the project work. We ask that you consider: • Carrying the land acquisition costs or providing a loan to us for this, • Waiving park and trail fees, • Paying for relocation expenses,. • Paying for off-site traffic improvement costs, or _ • Other ways to reduce project costs and/ or carrying costs. We are not set that any of these is necessarily the answer, but additional assistance is needed to make the project feasible for us. We hope to make the Cedar Grove project work, but we are prepared to work with you to part company amicably in the event it does not. We believe the project could be a great one, but it may not be the right project at this time. Sincerely, Brad Schafer President City of Eapn ma TO: MAYOR GEAGAN AND CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 2006 SUBJECT: CEDAR GROVE CORE AREA DEVELOPMENT AGREEMENT. UPDATE AND REQUEST FOR DIRECTION The purpose of this memo is to outline the status of the Cedar Grove Core Area Development Agreement between the City and the Cedar Grove Redevelopment Corporation, the Schafer Richardson partnership that was formed to act as the master developer for the core area of the Cedar Grove Redevelopment District. Overview This matter is before the City Council and EDA at this time for several reasons: The developer has not submitted Phase I Plans by the October 23, 2006 deadline prescribed in the amended development agreement and it is necessary for the City to determine how to proceed in light of that circumstance. Market conditions have shifted since the development agreement and preliminary concept plan were. approved in January, 2006, which has diminished the market supportability of the approved mix and density of uses. In particular, the market for new suburban condominiums, which made up a substantial segment of the preliminary concept plan,. has flattened. Despite the fact that City staff and the developer have worked to refine the assumptions projected for the redevelopment, the financial proforma for the project retains a financing gap of $2 million to $3 million. The analysis presumes that the core area project will be self-financing through TIF, with -the exception of the City's obligation to use resources from elsewhere to cover costs such as environmental remediation, affordable housing and prior transportation improvements. • The refinement of some assumptions reduce the gap, but they are offset by the inability to assure the number and timing of construction of the condominium units. Since the number and density of this housing type represented a substantial amount of the new tax base in the revenue 7c)- assumptions, it will be necessary to consider alternatives to fill the gap. These may be in the form of additional public capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial commitment to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other activities. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the Keystone and Nicols Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocated within the area anticipating the mixed use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general concepts defined for the area, namely a mixture. of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspace and structured parking, where necessary to support necessary development densities. In order for the project to be market supportable, however, it appears necessary to consider land use alternatives outlined below to complement or supplement these new urban elements. While a further altemative would be to consider a more dramatic shift to a different mix of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical limits of the current traffic improvements and the proximity of the future Cedar Avenue BRT that will support and benefit from higher density residential development. Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would need to be market supportable. For the project to be successful in the future, the vision for the area will need to be clear enough to assure its quality, but flexible enough to incorporate those.specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. New condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project is not market supportable at this time. 73 assumptions, it will be necessary to consider alternatives to fill the gap. These may be in the form of additional public capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial commitment to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other activities. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the Keystone and Nicols Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocated within the area anticipating the mixed use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general concepts defined for the area, namely a mixture , of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspace and structured parking, where necessary to support necessary development densities. In order for the project to be market supportable, however, it appears necessary to consider land use alternatives outlined below to complement or supplement these new urban elements. While a further alternative would be to consider a more dramatic shift to a different mix of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical limits of the current traffic improvements and the proximity of the future Cedar Avenue BRT that will support and benefit from higher density residential development. Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would need to be market supportable. For the . project to be successful in the future, the vision for the area will need to be clear enough to assure its quality, but flexible enough to incorporate those.specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. New condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project is not market supportable at this time. v~ 7;4 funds to close the gap, in the absence of those plans, or to provide other direction with respect to the redevelopment of the Cedar Grove Area. EDA/Council Direction Alternatives for direction are outlined in the cover memo for this business item. Understanding that market support does not currently exist for a development concept that relies heavily on condominium development, it is clear that it is necessary to identify an altemative concept plan to form the basis of the redevelopment activity and move forward with implementation of the next phases of the project. The issue is how best to accomplish that, whether in partnership with Schafer Richardson or by pursing other development partners for the project Regardless of the direction chosen, the following factors are important to note. • The City now owns more than half of the property within the redevelopment district. • The . Council has given general direction to continue to acquire the remainder of the properties in the core area. • A substantial number of businesses associated with those properties have been successfully relocated and others are in the process of pursuing relocation options. • While the downturn in the condominium market presents a challenge, the emergence of market demand in a number of other sectors offers options for alternative approaches to the redevelopment of the area. If the Council determines to move forward with Schafer Richardson, it will be necessary to provide speck relative to challenge described in the Concept Plan and Phase I Site Plan discussion above. If the Council considers an alternative to part company with Schafer Richardson, it will be necessary to pursue another development partner or partners in the immediate future. Co unity Development Director Cc: Gene VanOverbeke, Director of Administrative Services BXHIBIT A DESCRIPTION OF PROPERTY The property is the property described and outlined as Cedar Grove Properties Development Area on the attached map, and located in the City of Eagan, Section 19, Township 27, Range 23. t ~sc~° f Pf,e~ t Plea _ z . _ epioRg - Gedat ~nuoweo ruc FTT~ EDIT B Development Concept and Schedule Ylla Fb= plan/ Jeisea'r Transit Station Ftiturd Hotel Heritage Carriage S Story 3 Std Ire Rhik Supper Oub &Cvtnnmdw TMT%k eorWominUrr& Town Homes Housing ; Stadon 2-Stov --Story t { 1 1 1 cc; r ♦ 4 , t _ - - . ' R-t~ - .~'~5"Y ..'fin.` Jr. _ p Housing Cornme mrne5mTyrrW Mkmd ust r.Y -z4RC {G ar' - +z. f b,rrP- i a lat . Mey Park S5taxyldinr1Lk;r Houft over Honing over cart mwda7 Commerew fiesidentid 6 wJa C-Megd+l Wesf&A Vre 2s♦ sqk ~$ch2fCf Cedar Grove Concept Plan GB rrusr nereao~ ~~da;nai,~t" ~~k Riv-31Y9svn 506na7 Fk= tos Ufft srmraq TrardrCenrer 19JD~gR pahlyrol,. a+ramdl&an.hp 1lrieswg(S•story. us mJer MwUbeduse ~h pcvembw2ws Nmdngbj Mbxdtlie ..i g Tod 143:7"k Tmal - 974 uda yg`~'e• ~ ~ ~~y~+F,,,k:'.iP~}. ..r~~^t -~-i~.~, r`~.•'gr.+4~ t~ S fCr 4,M* CedarGrave Concept Plata- Phasing Mchardson DshhamSbad im and tRan, lnG Novernbr2M 0077 Agenda Memo Eagan Economic Development Authority Meeting December 19, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE GRAND SLAM OCCUPANCY AGREEMENT ACTION TO BE CONSIDERED: To accept an occupancy proposal from Grand Slam for the business' continued occupancy at the Cedarvale Mall, to approve occupancy until June 30, 2007 and direct staff to prepare an agreement to provide for the business to pay rent and utilities from January 1, 2007 to the end of the occupancy period. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans for the area. • The City acquired the Cedarvale Mall on September 1, 2006. Since that time, the City has actively assisted mall tenants in relocating their businesses. The City has given notice to tenants of the need to relocate or finalize plans for relocation by December 31, 2006. At the present time, all but three of the tenants have completed their relocation. One additional business is expected to relocate to Silver Bell Center later in December or in early January. • One of the two remaining businesses, Grand Slam, is planning its move to a new tenant space in Burnsville. That space is expected to be available to the business in May or June of 2007. As a consequence, Grand Slam is requesting consideration of an occupancy agreement to remain in its current location until that time. The agreement would require that the business to pay its own costs of utilities and that rent payments be addressed as part of the relocation mediation that has been proposed by the City Attorney's office to resolve outstanding claims. • The decision by Schafer Richardson to not proceed with redevelopment of the area under its development agreement means that the timeframe for demolition of the Mall can be postponed to accommodate this request. The proposal has been reviewed by the City Attorney and staff and is in order for consideration by the EDA and City Council at this time. ATTACHMENTS: • Occupancy proposal on pages 2-0P--2d/ 12-12-2006 054OPM FROl-LEVANOER GILLEN MILLER PA 651 45.0 T384 T-314 P.002/004 F-OT8 ROGBa C MILLER L,EVANDER, TIMOTRYJ' WNrrz DAMM 1. $ESSON GILLEN & 'K£NNM I- ROW.F `SMPI W N. F40HLER MILLER., P.A. -jjAYr.KARLOVICH ANGELA M. LTJTZ AMANN ATTORNEYS AT LAW 'RDR1N& 1, LANK) ANN C. ME1t V Etab{>shed In 1929 °•DMALD L. HOF.f'P DARCY hL FMCKSON ROSIN M HENNESSY DAVID S. KENDALL December 12, 2006 JEWME M. PORTER BRTDG8T MCCAULEY MASON MAR= L EVANOPA 1910-1972 Robert D. Bauer, Esq. AllT UKO..ILLM Severson, Sheldon, Dougherty & Molenda, P.A. 1917 art 7300 West 147111 Street VIA FACSIMILE ~wnowv~s~wH Suite 600 AND U.S. MAIL AIAO ADNgThV IN WKIII VAWTA Apple Volley, MN 55124 •%M'%r* MP INMAAWHkNE'P!F GA SO wOMnTW (N OKLAHOMA RE: City of Eagan, City of Ewan Economic Development Authority, Cedar Grove properties, Ine., Cedar Grove Properties, LLC and Schaefer Richardson ("Owner- Developer") v. Grand Slam Sports, Southeast Entertainment Enterprises, Inc. and John VanderAarde - Condemnation Our File No. 20716.00000 Court File No. CX-06-8049 Dear Mr. Bauer: This letter follows our numerous telephone eonversati om, as well as face-to-face meeting, in which I have requested on behalf of John VanderAarde and Grand Slam Sports extension of Grarid Slam's occupancy of its leasehold premises in the Cedarvale Mall ffom January 1, 2007, through June 30, 2007. In anticipation ofthe district court ordered condemnation quick take transfer offiitle and possession, Grand Slam, together with EFH Company, submitted a development plan for construction of a new facility west of CSAH 5 and south of CSAH 42 in the City of Burnsville. Grand Slam and EFH Company expected to receive final City approval and start construction in November. However, in an unanticipated turn of events in early November, the Burnsville City Council denied Final development approval and sent Grand Slam scrambling to find an alternative business relocation development site., Grand Slam has continued to work with EFH Company, as well as the City of Burnsville and identified a new site for development of its replacement facility at the approximate location of Highway 13 and Nicollet Avenue. No rezoning is necessary for dcvolopment; however, a conditional use permit (CUP) is required by the City of Burnsville to permit Grand Slam to start 633 sourH coxcow sTv2T • a= 4na , soum sAINT PAtn, mmxso rA 55°75 ' 651 451-18p • lux 651-450-7384 OMCE ALSO LOCATED IN WISCONSW • WWW.LSVANDELCOM ~ 79 12-12-2006 05:56PM FROM-LEVANDER GILLEN MILLER PA 661 450 7384 T-814 P-003/004 F-078 Robert B. Bauer, Esq. Page 2 December 12, 2006 construction, Grand Slam and Company submitted the formal application for development approval and CUP to the City of Burnsville on December 5, 2006. Based upon an expedited 60 day review and approval process, the earliest that Grand Slam will be granted final approval for development of the replacement &d &Y is the fast week of February 2007_ Assuming that the application proceeds smoothly and final approval is granted by the City of Burnsville in early F&rUVY, EFi Company and Gram! Slam will break ground between mid- February and March 1, 2007. EFH Company has advised W. VanderAarde that construction will take 120 days to occupancy. Therefore, in order to maintain Grand Slam's continuous business operations, as well as avoid substantial business loss and going concern claims for business intemtption, Grand Slam requests that the Eagan EDA permit Grand Slam to continue to occupy its leased premises through June 30, 2007. Given the present uncertain status of the proposed Cedar Grove redevelopment and master developer, the continued occupancy by Grand Slam will not interfere with any immediate plans for redevelopment of the Cedarvale Shopping Mall. It is our understanding that other existing ftmts of the Cedarvale Slopping ,ball have been afforded similar consideration-4-e. continued occupancy provided that the tenants continue to pay base rent plus utilities during any period of continued occupancy. Therefore, Grand Slam proposes to pay its base rent of $6,181 for the month of January 2007, together with direct payment of its separately metered utility expenses. Grand Slam further agrees to enter mediation with the Eagan EDA, along with the landlord/developer, in the months of January and February to attempt to resolve short of condemnation litigation all issues relating to: 1) payment of full just compensation for Crrand Slam's fixtures and trade fixtures taken, depreciated or destroyed as a result ofthe condemnation taking; 2) payment of all relocation assistanco to which Grand Slam may be entitled; 3) continued occupancy of the premises until a suitable replacement facility can be constructed to facilitate relocation of Grand Slam's continuous business operation; 4) the amount of rent, if any, that Grand Slam should be obligated to pay the Eagan EDA during the months of February through June 30, 2007, - the anticipated date of Grand Slam's relocation to its new facility, and 5) payment of Grand Slam's loss of business claim. 0 12-12-2606 05:67PM FROM-LEVMDER GILLEN MILLER PA 661 460 7364 T-314 P.004/004 F-076 Robert B. Bauer, Esq. Page 3 December 12, 2006 In summary, John VanderA.arde and Cmwd Slam Sports hereby request that the Eagan EDA allow continued occupancy of the leasehold premises in the Cedarvale Mall through June 30, 2007, as ted above. Tt ectfull tted, Daniel J. B a DJB/so G-1 John VauderAarde, President Southeast Entertainment Enterprises, Inc. d/b/a C=nd Slam Sports Ton Hohenstein, Community Development Director David Tmvor, Esq. Dan Wilson, Acquisition & Relocation Consultant Agenda Information Memo Eagan Economic Development Authority Meeting December 19, 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. 0