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05/01/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING May 1, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES P. Ito B. PERSONNEL ITEMS 1.7 C. APPROVE CHECK REGISTERS $ D. APPROVE Polices and Procedures Regarding Public Access to Government Data and ADOPT Resolution appointing the Responsible Authority P. ,,30 E. RECEIVE Easement Vacation Petition and Schedule Public Hearing (June 5, 2007), Lot 6, Block 1, Brittany 2°d Addition P. 33F. APPROVE Agreement with Shred-It to provide document destruction services for the City of Eagan 3~ G. APPROVE Temporary 3.2 Percent Malt Liquor License for the Eagan Lions Club for the Fourth of July Celebration (July 3-4, 2007) and waive the $25 license fee F qb H. APPROVE Temporary On-Sale Liquor License for the Twin Cities Good Tim Softball League 4q 1. APPROVE Construction Loan Disbursement Agreement with Dakota County Community Development Agency and Cedar Bluffs Homeowners Association for the Cedar Bluffs Housing Improvement District p• ~rJ J. RECEIVE Easement / Right-of-Way Vacation Petition and Schedule Public Hearing (June 5, 2007), Boulder Lakes Business Park / Delaware Estates 419 K. RECEIVE Bids and Award Contract for Contract 06-01 (TH 149, TH 55 - Albano Trail - Reconstruction) Pf • 5 1 L. RECEIVE Bids and Award Contract for Contract 07-02 (City-Wide Sanitary Sewer Lining) f~. 5i/M. AUTHORIZE Variance to Construction Activity Noise Regulations (Ordinance Section 10.37) for County Highway 77 Overlays ba N. ACCEPT $2,000 Grant from the Eagan Foundation for the Eagan Police Explorers V. PUBLIC HEARINGS P- (A( A. PROJECT 905R, Lebanon Hills / Long Acres (Drainage Improvements) P 113 B. CERTIFICATION of Delinquent False Alarm Bills ( J J5 C. CERTIFICATION of Delinquent Weed Cutting Bills p. 1 1'7 D. CERTIFICATION of Delinquent Utility Bills VI. CITY ORGANIZATIONAL BUSINESS -,Ijj A. APPOINTMENT OF ADVISORY COMMISSION MEMBERS FOR 2007 VII. OLD BUSINESS VIII. NEW BUSINESS PP, y 2A. CONDITIONAL USE PERMIT - Central Irrigation - A Conditional Use Permit for outdoor storage located at 2797 Eagandale Blvd. on Lots 8 & 9, Block 3, Eagandale Center Industrial Park in the NW '/e of Section 03. 57 B. PLANNED DEVELOPMENT AMENDMENT - Yankee Doodle Professional Building - A Planned Development Amendment to allow building signage located at 1519 Central Parkway on Lot 1, Block 1, Yankee Doodle Professional Building in the NE '/G of Section 09. IX. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY ,p, A. Call to Order B. Adopt Agenda ~17&C. Approve Minutes D. Old Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Approve Extension of Occupancy Agreement for Minsk Market at 3992 Sibley Memorial Highway to September 1, 2007 E. New Business F. Other Business G. Recess to Executive Session - The EDA will recess to an executive session to discuss possible acquisition of the Mediterannean Cruise property at 3945 Sibley Memorial Highway. The EDA meeting will adjourn at the close of that discussion. XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) 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 Eap ho TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 27, 2007 SUBJECT: AGENDA INFORMATION FOR MAY 1, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 1, 2007 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 1, 2007 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 April 17, 2007 regular City Council meeting and minutes of the April 10, 2007 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 4, 2007 regular City Council meeting are enclosed on pages 3 through J-. • Minutes of the April 10, 2007 Special City Council meeting are enclosed on pages C through ~5 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL FT Eagan, Minnesota April 17, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Doug Hestner discussed the signage on City buildings regarding guns not being welcome on the premises. He requested that Council take action to have the signs removed. Councilmembers concurred that the signs should remain. Eric Hedke and Betty Fedde representing the Charter Commission discussed expenditures submitted to the City for payment. After discussion there was no direction to place the request on a regular City Council meeting agenda for any further consideration. A regular meeting of the Eagan City Council was held on April 17, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields 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 Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 4, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of John Rogers as a Crime Analyst in the Police Department. 2. It was recommended to approve the hiring of Jordan Hirman as a manager-on-duty at the Campus Facilities. 3. It was recommended to accept the letter of resignation from Virgil Stewart, full-time custodian at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated April 5, 2007 and April 12, 2007 as presented. D. Liquor License. It was recommended to approve the off-sale liquor license for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road. E. Tobacco License. It was recommended to approve a Tobacco License for Brar Enterprises, dba Blackhawk Liquor, 4130 Blackhawk Road. F. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Burnsville city auction on May 5, 2007. G. Contract. It was recommended to approve a contract with the City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 5, 2007. H. Interpreter Services. It was recommended to approve the agreement with Language Line Services, Inc. to provide over-the-phone interpreter services. 1. Delinquent Accounts Receivable Write-Off. It was recommended to approve delinquent accounts receivable write off ($982.28) for the interim use permit - 4355 South Robert Trail. J. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Greenwaldt Tree Trimming, 21553 30`h Avenue, Randall, MN. K. Proiect 952. It was recommended to receive a petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 952 (Boulder Lakes - Street & Utility Improvements). 3 Eagan City Council Meeting Minutes ®R April 17, 2007 F Page 2 L. Contract 06-05. It was recommended to approve Change Order No. 1 (misc. street repair) to Contract 06- 05 (Blackhawk Road / Galaxie Avenue & Cliff road - Intersection Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. Extension of Final Subdivision. It was recommended to approve a 120 day extension of the Final Subdivision approval for De Witt Addition, to create two single-family lots upon 0.7 acres of land located at 2804 Vilas Lane in the NW of Section 3. N. Establishment of Task Force. It was recommended to authorize the establishment of an Ad Hoc Economic Goals and Policy Group to recommend an economic development vision, goals and policies for consideration in the Comprehensive Guide Plan update and to authorize staff to investigate a possible facilitator for the group. 0. Thomson Expansion Project. It was recommended to approve a resolution to call for a Public Hearing on June 5, 2007 on the proposed establishment of a Project Plan and Economic Development Tax Increment Financing District for the potential expansion of the Thomson-West's Eagan Campus. P. Request for Street Name Change. It was recommended to accept the request to consider the name change of 815` Street, west of Coachman Road, to Hunt Drive. Q. Agreement. It was recommended to approve an agreement between U-CARE and the City of Eagan to provide an Enhance Fitness program for U-CARE members at the Eagan Community Center. R. Contract. It was recommended to approve entering into a contract with Smarte Carte to provide locker rentals at Cascade Bay and authorize the Mayor to sign the appropriate documents. S. Donation. It was recommended to accept a donation of $4000 from City & County Credit Union for the Eagan Market Fest 2007. T. Alternate to Steering Committee. It was recommended to appoint Jon Hohenstein, Director of Community Development, as the alternate to the Robert Street Corridor Steering Committee. U. Comprehensive Guide Plan Amendment. It was recommended to direct staff to initiate technical corrections to the Land Use and Parks and Recreation sections of the Comprehensive Guide Plan. V. Contract 06-01. It was recommended to acknowledge the rejection of bids and authorize a variance to the Construction Activity Noise Regulations to allow construction activity between the hours of 4.00 a.m. and 12:00 a.m. (midnight), Monday through Saturday for Contract 06-01 (TH 149 - Upgrade). W. Arbor Day / Month. It was recommended to acknowledge Eagan as the recipient of the 2006 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Thursday, May 17 as Arbor Day and May, 2007 as Arbor Month in the City of Eagan. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENTS - SAM'S CLUB City Administrator Hedges noted that this request for planned development amendments to allow a temporary greenhouse for outdoor seasonal sales and an extension of hours for the motor fuel facility on property located at 3035 Denmark Drive was tabled at the April 4, 2007 City Council meeting to allow discussion with the applicant regarding the modification to the proposed location of the greenhouse. Community Development Director Hohenstein provided an overview of the planning report. Dave Koecheler, Sam's Club, discussed the proposed location for the greenhouse and indicated he had no problem with relocating the site of the outdoor sales. Councilmember Carlson moved, Councihnember Fields seconded a motion to approve a Planned Development Amendment to allow a temporary greenhouse for outdoor seasonal sales on property located (per the site design highlighted in blue dated April 17, 2007) at 3035 Denmark Drive, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The seasonal sales shall be allowed between the dates of April 1 and July 1 each year. 4 Eagan City Council Meeting Minutes April 17, 2007 Page 3 ~ r 3. A building permit is required prior to construction of the greenhouse each year. r 4. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 5. All sales should cease and the structures should be removed by July 0 each year. 6. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Any storage and display of plant materials outside the greenhouse shall not extend beyond the width of the greenhouse itself, or more than 8 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. 8. Hours of operation shall be between the hours of 7:00 a.m. and 8:30 p.m. Monday through Saturday, and 10:00 a.m. and 6:00 p.m. Sundays. 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a Planned Development Amendment to allow an extension of hours for the motor fuel facility on property located at 3035 Denmark Drive, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. There shall be an attendant at the fueling facility at all times during operating hours. 3. The motor fuel facility shall operate only between the hours of 5:00 a.m. and 10:00 p.m. Monday through Sunday. 4. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - CERASIS City Administrator Hedges introduced this item regarding a planned development amendment to change the approved use from daycare to office, upon approximately 1.95 acres located on property in the NW '/a of Section 12. Community Development Director Hohenstein gave a staff report. Quinn Hutson, representing Cerasis, was present to answer any questions of the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to change the approved use from daycare to office, upon approximately 1.95 acres located on property legally described as Lot 1, Block 3, Oakview Center, in the NW of Section 12, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development. 2. All green and landscaped areas shall be irrigated. 3. The applicant shall submit a revised landscape Plan that removes the retaining wall and landscaping from the drainage and utility easement located on the east side of the property. 4. The Landscape Plan shall be reviewed when the proof of parking area is developed and additional plantings may be required west of the drive aisle to appropriately screen the additional parking area. 5. This development shall install nine Category B trees to fulfill the tree mitigation obligation for Oakview Center as shown on the Landscape Plan. 6. Site lighting shall be through 400 watt metal halide fixtures pole-mounted at a height of 20 feet. All fixtures shall be downcast and shielded to prevent glare. Any building mounted security lighting shall also be shielded and downcast to prevent glare. 7. Building signage shall comply with City Sign code requirements. 5 Eagan City Council Meeting Minutes AN Apri l 17, 2007 Page 4 r 8. This site is allowed one free-standing monument sign. All such signs must be set back a minimum of 10 feet from all property lines. 9. The monument sign base shall be constructed of the same materials used for the principal building. 10. The property owner shall be required to enter into an agreement with the City for the winter maintenance of the small portion of Courthouse Lane between the proposed east entrance and the temporary cul-de-sac, until Courthouse Lane is extended to the east, in a form acceptable to the City Attorney. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for a 10,291 square foot office building upon 1.95 acres (lot 1, Block 3, Oakview Center), in the NW of Section 12. Aye: 5 Nay: 0 REZONING AND PRELIMINARY SUBDIVISION (DODD PARKSIDE) DODD PARKSIDE, LLC City Administrator Hedges introduced this item regarding a rezoning from A, Agriculture, to R-1, Single family, and a preliminary subdivision to create 12 single family lots on approximately 5.08 acres on property located at 4920 Dodd Road. Community Development Director Hohenstein gave a staff report. Ken Rosland, applicant, addressed the concerns that were expressed by neighboring property owners at the Advisory Planning Commission meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a rezoning from A, Agriculture, to R-1, Single family, of approximately 5.08 acres located at 4920 Dodd Road in the SW of Section 36. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create 12 single family lots upon approximately 5.08 acres for property located at 4920 Dodd Road in the SW 1/4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C3, and D1. 2. The property shall be platted. 3. Architectural design and construction methods should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA on those structures adjacent to Highway 3 and those within 750' of the Gun Club. 4. The developer shall record a covenant and declaration as notification to future buyers that the development is within 750' of the Gun Club. 5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 6. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 7. All personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 9. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 10. The developer shall obtain a MNDOT drainage permit prior to final subdivision approval for the proposed outlet drainage onto Highway 3 right-of-way. 11. The outlet from the proposed pond shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 12. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. [n Eagan City Council Meeting Minutes April 17, 2007 Page 5 F~ 13. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, shall be approved prior to final subdivision approval for this development. 14. The developer shall be responsible for the extension of water main within Dodd Road to the development. 15. The proposed street (Street B) shall be constructed with a temporary cul-de-sac turnaround with a pavement diameter minimum of 90 feet, in accordance with City code and the preliminary site plan. 16. The developer shall provide a temporary public easement over the temporary cul-de-sac in the southeast corner of the development. 17. The developer shall be required to enter into an agreement with the City for the winter maintenance of the small portion of the public street leading from the existing house driveway, in a form acceptable to the City Attorney. 18. This development shall be responsible for a warranty requirement stating that any preserved/transplanted tree which is not alive or in a healthy state, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new, healthy tree meeting the same size requirements within eight (8) months of removal. 19. This development shall be responsible for a cash parks dedication for the newly created lots. 20. This development shall be responsible for a cash trails dedication for the newly created lots. 21. To be compliant with standards set forth in the Water Quality Management Plan, this development shall construct the stormwater treatment basin in accordance with City standards. The area of the parcel that does not drain to the basin shall be subject to water quality cash dedication. COMPREHENSIVE GUIDE PLAN AMENDMENT - MANLEY COMMONS City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment that would change the land use designation from Office Service to Retail Commercial for property located at the southwest corner of Pilot Knob Road and Buffet Way. Community Development Director Hohenstein gave a staff report. Kurt Manley, Manley Commercial, discussed the need for convenience amenities in the area. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would change the land use designation from O/S, Office/Service, to RC Retail Commercial, for property located at the southwest corner of Pilot Knob Road and Buffet Way in the EN 1/4of Section 4. Aye: 5 Nay: 0 ORDINANCE AMENDMENT CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11, to permit community service activities (i.e. food shelf, education, training, etc.) as accessory uses in the Public Facility Zoning District. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, to permit community service activities (i.e. food shelf, education, training, etc.) as accessory uses in the Public Facility Zoning District. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a proposed Land Use Agreement with Blue Cross Blue Shield for use of their property for soccer fields . Councihmember Fields moved, Councihmember Bakken seconded a motion to approve a Land Use Agreement with Blue Cross Blue Shield for the Provision of Public Soccer Fields on Blue Cross Land. Aye: 5 Nay: 0 -7 Eagan City Council Meeting Minutes April 17, 2007 Page 6 n VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:30 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. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 10, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Carlson, Fields and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Community Development Director Hohenstein, Public Works Director Colbert, Superintendent of Enterprise Operations Mesko, Director of Parks and Recreation Seydell Johnson, Superintendent of Parks Olson and City Engineer Matthys. Also present were members of the City's Advisory Parks and Recreation Commission. 1. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges requested that an item be added to the agenda to discuss the bids for the upgrade of Highway 149. The City Council directed the item be added to the agenda after Visitors to be Heard. City Administrator Hedges requested the Council discuss a Sister City Program with a community in Ireland. The Council directed the items to Other Business. City Administrator Hedges requested time on the agenda to provide an update on the Dakota County Physical Development Committees and a brief discussion regarding Diffley Marketplace. The Council directed the item to Other Business. Councilmember Tilley moved; Councilmember Fields seconded a motion to adopt the agenda with the changes. Aye: 5, Nay: 0 11. VISITORS TO BE HEARD There were no visitors to be heard. III. RECEIPT OF BIDS/CONTRACT AWARD (TH 149) City Administrator Hedges introduced the item noting that the City of Eagan has assumed the role of the lead agency for the reconstruction and upgrading of TH 149 from TH 55 to Albano Trail in Inver Grove Heights. Hedges added that on March 22, 2007 bids were received 1 Special City Council Minutes April 10, 2007 Page 2 for the project and the lowest responsible bidder was determined. Hedges noted when the bidding information was submitted to MnDOT and the Federal Highway Administration (FHWA), they informed the City that they would not accept the City's bidder qualification process and would withhold their respective funding of the project if the City proceeded with the contract award, even the contract,was awarded to the low bidder. It was the suggestion of MnDOT and FHWA that the City reject all bids and re-advertise for new bids without a bidder qualification requirement. Public Works Director Colbert further commented on the situation with MnDOT and FHWA, and noted that City staff is investigating possible specification wording that will require the contractor to assume the risk of any additional costs if they could not substantially complete the contract in 2007. The City Council discussed the role of the City in the TH 149 project. Mayor Maguire encouraged those who previously submitted bids to again bid on the project. Maguire also noted that he would not take public testimony from those submitting bids in order not to compromise the bidding process. Councilmember Carlson moved, Councilmember Tilley seconded a motion to reject the bids for contract 06-01 and authorize the advertisement for a new bid opening to be held at 10:30 a.m. on April 24, 2007. Aye: 5, Nay: 0 IV. PARKLAND ACQUISITION CRITERIA City Administrator Hedges introduced the item noting that the City Council charged the Advisory Parks and Recreation Commission (APrC) with developing criteria and a process to review potential land parcels that might be considered for acquisition. Parks and Recreation Director Johnson noted that as part of the Patrick Eagan Park Master Plan, the consultants were asked to develop criteria and a process for evaluating and prioritizing potential parkland additions. APrC Chair Dorothy Peterson summarized the discussion that the APrC has had with respect to the acquisition criteria. Superintendent of Parks Olson provided an overview of the proposed criteria. The City Council discussed the criteria tool being proposed. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the analytical tool developed for evaluating parcels that may be considered for a future acquisition. Aye: 5, Nay: 0 i0 Special City Council Minutes April 10, 2007 Page 3 V. COMP GUIDE PLAN REVIEW (PARKS CHAPTER) City Administrator Hedges introduced the item noting that the State requires municipalities to update their Comprehensive Guide Plan every ten years and 2008 is the deadline for the next required update. APrC Chair Dorothy Peterson noted that a good portion of the work needed to update the Parks and Recreation section of the plan was completed during the 20/20 vision process of 2005/2006. Parks and Recreation Director Johnson noted that the 20/20 vision process gathered public input as well as other data in order to project the future of Parks and Recreation facilities and services in Eagan. The City Council discussed proposed changes to the Comprehensive Guide Plan with regard to the golf designation. The City Council directed staff to include an item on an upcoming City Council agenda to clarify in the Parks and Recreation section of the 2000 Comprehensive Guide Plan that privately owned recreation amenities are not considered part of the City's recreation system. Council noted that this would include the removal of the identification of the privately owned golf courses from the comprehensive plan of the Parks and Recreation system map. The Council also indicated that it would be appropriate to include a summary of privately held recreation amenities in the Parks and Recreation section of the update. Community Development Director Hohenstein noted that the City Attorney has suggested that the City initiate an amendment that would correct an oversight on the zoning/land use consistency matrix found in the land use section of the Comprehensive Guide Plan. Hohenstein noted that this item could also be included for future Council consideration at an upcoming City Council meeting. The City Council reviewed and discussed the recommendation of the APrC with regard to inclusions in the updated Comprehensive Guide Plan. APrC member Danner raised questions regarding the land use designation of the river front property in Eagan. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the updated section of the 2008 City Comprehensive Plan that pertains to the Parks and Recreation section. Aye: 5, Nay: 0 VI. DIFFLEY MARKETPLACE UPDATE City Administrator Hedges provided background information regarding the Dakota County Physical Development Committee discussion on April 10, 2007 regarding Diffley Special City Council Minutes April 10, 2007 Page 4 Marketplace. Hedges noted that should the City Council wish to discuss the matter, they could recess to Executive Session. Mayor Maguire moved, Councilmember Fields seconded a motion to recess the City Council to Executive Session. Aye: 5, Nay: 0 The City Council recessed to Executive Session at 6:33 p.m. The Council reconvened the regular City Council Workshop at 6:58 p.m. VII. COUNCIL STANDING COMMITTEE RECOMMENDATIONS A. 120th Street JPA with Rosemount City Administrator Hedge introduced the item noting that the City of Rosemount has submitted a formal request for Eagan to enter into a Joint Powers Agreement (JPA) to allow the planned extension of the City's sanitary sewer into the City of Rosemount to serve approximately 166 acres of existing small lot well and septic residential property located on both sides of TH 3 and south of 120th Street. City Administrator Hedges summarized the recommendation of the Public Works Committee from their March 6, 2007 committee meeting. City Engineer Matthys noted to the City Council that the City of Eagan has informed Rosemount of an interest in having 120th Street extended from Biscayne Avenue to a new connection with TH 3 (in Rosemount) to provide another outlet for southeast Eagan. Matthys noted that the Public Works Committee recommended that the two cities begin discussions for creating a JPA with a term limit directly related to the 120th Street extension and directed that this item be presented to the full Council for consideration. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the preparation of a Joint Powers Agreement with Rosemount for the extension of utilities with qualifying criteria of concurrent construction of 120th Street from Biscayne Avenue to TH 3. Also included with the motion was direction that each JPA be carefully prepared to provide Eagan with review and approval opportunities of other cities' development applications. Additionally, the rates used for JPA utility service billing to other cities should be based on the higher of the two communities to ensure the other cities are not making money reselling Eagan's services. Aye: 5, Nay: 0 Special City Council Minutes April 10, 2007 Page 5 City Administrator Hedges noted that the JPA would come before the City Council as an agenda item once it is prepared. The City Council also requested that a community meeting be held prior to the implementation of the JPA. B. Parking Signne Around EHS City Administrator Hedges introduced the item noting that at the City Council Goals Retreat in January, concern was expressed regarding off-site parking at Eagan High School. Hedges added that the consideration of signage modifications to more clearly distinguish areas of different parking restrictions was directed to the Public Works Committee for review. The City Council discussed the issue and directed the Public Works Committee to further review parking concerns on States Avenue and Pennsylvania Avenue. The Council noted that the change being proposed to the signage is a logical next step, but further review of the parking issue will be needed. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize the installation of a supplemental solid orange plate to all existing restrictive parking signs that state "parking by permit only, 8:00 a.m. to 9:00 p.m. (7 days per week)" in the Stafford Place neighborhood. Aye: 5, Nay: 0 C. Campaign Signs in Right-Of-Way City Administrator Hedges introduced the item noting that, like other units of government, the City regulates the placement of campaign signs during election seasons. Hedges added that despite efforts to communicate standards in advance and provide prompt communications with candidates and campaigns, staff and the Council receive occasional complaints regarding the code or its enforcement with regard to campaign signs. Hedges summarized the amendments to the City sign code being proposed by the Public Works Committee. The City Council discussed the proposed changes. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize the preparation of amendments to the City sign code to: 1.) Add a definition of campaign signs to the City Code. 2.) To reduce the required set-back for campaign signs from 10 feet to 5 feet behind the curb on City streets where no trail is present. 3.) To reduce the required set-back for signs to at least one foot behind the trail on the side of the street furthest from the curb where a trail is present. Aye: 5, Nay: 0 I~ Special City Council Minutes April 10, 2007 Page 6 D. Follow-up on U.S. Climate Protection Agreement City Administrator Hedges introduced the item noting that Mr. Bruce Goff, Eagan resident, recently appeared before the Council at a Listening Session with a recommendation that the City consider supporting the U.S. Mayors Climate Protection Agreement. Hedges summarized the recommendations of the Public Works Committee with regard to participation in the Climate Protection Agreement as well as the Cool Cities Program. The Council noted that energy conservation is a City Council goal for 2007-2008. It was also suggested that these kinds of energy saving initiatives be directed to the Advisory Parks and Recreation Commission. Councilmember Bakken, as a member of the Public Works Committee, noted that the NLC supports the cause of the U.S. Mayors Climate Protection Agreement, but would like to see additional accountability requirements in cities participating in the Cool Cities Program. Councilmember Tilley moved, Councilmember Fields seconded a motion to have Mayor Maguire, on behalf of the City of Eagan, sign on to the U.S. Mayors Climate Protection Agreement. Aye: 5, Nay: 0 IIIV. YOUTH SUPPORTIVE HOUSING City Administrator Hedges introduced the item noting that the purpose of the discussion tonight is to receive a presentation and provide preliminary direction to staff and the Dakota County Community Development Agency (CDA) regarding the possible development of a young adult supportive housing facility in Eagan. Hedges introduced Executive Director of the CDA, Mark Ulfers. Ulfers provided a presentation to the City Council, noting that youth supportive housing is one of the strategies for addressing the needs of homeless and potentially homeless young adults, many of whom have aged out of the foster care system, but have not yet acquired skills or incomes necessary to provide for their own housing. The City Council discussed the concept of youth supportive housing and the possible funding for such a facility. Ulfers noted that funding is not currently projected in county programming. Mary Beth Lundeen addressed the City Council noting that the population of homeless is most likely underestimated at this time. Patrick Coyne, CDA staff, responded to questions that Council had regarding youth supportive housing. Upon further Council discussion, the Council expressed their general level of support and enthusiasm to continue with the process to review youth supportive housing in Eagan. It was also noted that the CDA has an excellent track record with their housing in Eagan. The CDA noted that they would continue to study the issue and keep the City informed of any possible developments. I Special City Council Minutes April 10, 2007 Page 7 IX. AD HOC ECONOMIC DEVELOPMENT GROUP City Administrator Hedges introduced the item noting that at the time the City Council disbanded the Economic Development Commission and took on most economic development functions through the Economic Development Authority, it was noted that there may be times when an ad hoc group or task force could be convened to address particular issues. Community Development Director Hohenstein noted that participants for such an ad hoc group could be recruited from specific categories of businesses, similar to the approach that was used to form the Technology Task Force and Working Group. The City Council discussed the concept of an ad hoc economic development goals and policy group. The Council expressed their interest in a wide breadth of knowledge and sector representation. Additionally, the Council voiced that they would like to see a clear sense of mission and responsibility for such a group, as well as selection criteria for interested applicants. The City Council directed that a formation of an ad hoc economic development goals and policy group be added to a regular City Council agenda for formal consideration. X. OTHER BUSINESS City Administrator Hedges informed the Council that he was contacted by LaDonna Boyd regarding whether the City would be interested in a Sister City Program with a community in Ireland. The City Council discussed whether they would be interested in such an arrangement. It was noted that the approach taken with the China sister-city program in which there was no City connection, however, Councilmembers were able to participate, worked well. The Council requested additional information as to the requirements of a sister-city arrangement before coming to a conclusion on whether to initiate a formal relationship with an Ireland city. XI. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:45 p.m. Aye: 5, Nay: 0 I~ Agenda Information Memo May 1, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Recreation Supervisor— ACTION TO BE CONSIDERED: To accept the letter of resignation from Colleen Callahan, Recreation Supervisor. Item 2. Part-time Seasonal Concessions Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Christie Bauer, Matt Mason, Ben Eng, Meghan Chapuis, Austin Phillips, Kyle Stevenson, Amber Stevenson, Ryan Boehne, Melanie McLean, Casey Willmarth, Stephanie Carll and Josh Garcia as part-time seasonal concessions workers. Item 3. Part-time Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Sarah Catlett, Tyler Christianson, Katy Donndelinger, Andrew Johnson, Abigail Maruish, Lauren Miller, Brenna O'Gorman, Claire Opsahl, Amber Stevenson and his Lynette Tej era as part-time seasonal recreation leaders. Item 4. Part-time Seasonal Recreation Assistants— ACTION TO BE CONSIDERED: To approve the hiring of Benjamin Anderson, Christie Bauer, Stephanie Carll, Meghan Galloway, Mollie Gebhart, Kassi Giles, Sarah Hannasch, Hillary Haynes, John Lauder, Kimberlee Maczko, Megan O'Halloran, Michael Redig, Megan Schmeisser, Steph Seidel, Kevin Stevenson and Sarah Unmacht as part-time seasonal recreation assistants. Item 5. Part-time Seasonal Recreation Program Assistants-- ACTION TO BE CONSIDERED: To approve the hiring of Christie Bauer and Meghan Chappuis as part-time seasonal recreation program assistants. IV) Agenda Information Memo May 1, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 19, 2007 and April 26, 2007 as presented. ATTACHMENTS: • Check registers dated April 19, 2007 and April 26, 2007 are enclosed without page number. l~ Agenda Memo Regular City Council Meeting May 1, 2007 CONSENT AGENDA: D. Policies and Procedures Regarding Public Access to Government Data and Appointment of Responsible Authority ACTION TO BE CONSIDERED: Adopt Polices and Procedures Regarding Public Access to Government Data and Rights of Subject of Data. Appoint Mira Pepper as Responsible Authority for the purpose of meeting all requirements of Minnesota Statutes § 13.01. FACTS: • The State of Minnesota has enacted the Minnesota Government Data Practices Act, (Minnesota Statute § 13.01), (MGDPA), and the City of Eagan has implemented policies to ensure government records are properly organized and accessible to the city employees and public to use and inspect. • The current policy was recently reviewed by the City Attorney and staff who felt it was necessary to revise the policy to include language regarding security information and trade secret information. • In addition, to be in compliance with the MGDPA, the City must appoint a Responsible Authority. • The Responsible Authority is the individual responsible for the collection, use, and dissemination of any set of data on individuals, government data or summary data. • Mira Pepper has served as the Responsible Authority for the past six years, and due to a name change, and in conjunction with the revised policy, must be reappointed through adoption of a resolution. ATTACHMENTS: • The revised policy is attached as pages I through • The proposed resolution for appointing the Responsible Authority is attached as page! I F) CITY OF EAGAN POLICIES AND PROCEDURES REGARDING PUBLIC ACCESS TO GOVERNMENT DATA AND RIGHTS OF SUBJECT OF DATA I. INTRODUCTION This policy is adopted to comply with the requirements of the Minnesota Data Practices Act (The "Act"), Minnesota Statute § 13.0 1, et seq. II. RESPONSIBLE AUTHORITY The City Council has by separate resolution appointed the Responsible Authority for compliance with the Act. The Responsible Authority may designate any person as her Designee to be in charge of individual files or systems containing government data and to receive and comply with requests for government data. III. ACCESS TO PUBLIC DATA All information maintained by the City is public unless there is a specific statutory designation which gives it a different classification. A. Individuals entitled to access. Any person has the right to inspect and copy public data. The requesting person also has the right to have an explanation of the meaning of the data. The requesting person need not state his or her name or give a reason for the request. However, the City may ask for clarifying information to facilitate access to data. B. Form of request. The request for public data must be made in writing, in accordance with the Request for Data attached as Exhibit "A" and/or other format as approved by the Responsible Authority. A request for information relating to litigation should be made through the City Attorney. C. Time limits. Requests for public data will be received and processed during normal business hours of the City. If requests cannot be processed or copies cannot be made immediately at the time of request, it must be supplied as soon as is reasonably possible. D. Fees. Fees may be charged only if the requesting party asks for a copy or electronic transmittal of the data. If significant time is required, the fee will include the actual cost of searching for, retrieving, and copying or electronically transmitting the data. The fee may not include time necessary to separate public from non-public data. The Responsible Authority may also charge an additional fee if the data has commercial value and is a substantial and discrete portion of or an entire formula, compilation, program, process or system developed with a significant expenditure of public funds. This additional fee must relate to the actual development cost of the information. 19 In charging a reasonable fee for providing copies of public data, the Responsible Authority shall determine the amount of such fees by taking into account the following factors: 1. The cost of materials; 2. The cost of labor; 3. Any standard copying charges established by the City; 4. Any special costs necessary to produce copies from machine based record keeping systems, including but not limited to computers and microfilm systems; and 5. Mailing costs. IV. ACCESS TO DATA ON INDIVIDUALS Information about individual people is classified by law as public, private or confidential. A. Individuals entitled to access. 1. Public information about an individual may be shown or given to anyone. 2. Private information about an individual may be given to: • The individual, subject of the data, but only once every six months, unless a dispute has arisen or additional date has been collected; • A person who has been given access by the express written consent of the individual data subject. The data consent must be on the form attached as Exhibit "B" and/or other format as approved by the Responsible Authority; • A person who is authorized access by Federal, State, or local law or court order; • People about whom the individual was advised at the time the data was collected. The identity of those people must be made a part of the Tennessen Warning; and • Individuals within the City, members of the city council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. 3. Confidential information may not be given to the individual subject of the data, but may be shown or given to: • A person who is authorized access by Federal, State, or local law or court order • Individuals within the City, members of city council, and outside agents (such at attorneys) whose work assignments or responsibilities reasonably require access 2 2,0 B. Form of request. Any individual may request, in writing, whether the City has stored data about a person and whether that data is classified as public, private or confidential. An Information Disclosure Request, attached hereto as Exhibit "C" and/or other format as approved by the Responsible Authority must be completed to document who requests and who receives this information. The Responsible Authority or Designee must complete the relevant portions of the form. The Responsible Authority or Designee may waive the release of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. A request related to litigation should be made through the City Attorney. C. Identification of requesting party. The Responsible Authority or Designee must verify the identity of the requesting party as the person entitled to access. This can be done through the personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means, D. Time limits. Requests will be received and processed during normal business hours. The response must be immediate, if possible, or within ten (10) working days if an immediate response is not possible. E. Fees. Fees may be charged in the same manner as for public information. F. Summarta. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or reveal any other private or confidential data. Summary data is public. The Responsible Authority or Designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Responsible Authority or Designee will attempt to notify the requestor of the anticipated time schedule to respond to a request for summary data. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means of removing personal identifiers from summary data. The Responsible Authority may ask an outside authority or agent to prepare the summary data if. (a) the specific purpose is given in writing (b) the authority or agent agrees not to disclose the private or confidential data, and (c) the Responsible Authority determines that access by the authority or agent does not compromise the privacy of the private or confidential data. G. Juvenile records. The following applies to private (not confidential) data about individuals under the age of eighteen (18). 3 Z. 1. Parental access. In addition to the individuals listed above who may have access to private date, a parent may have access to private information about a juvenile subject. "Parent" means the parent or legal guardian of a juvenile data subject, or individual acting as a parent or legal guardian in the absence of a parent or legal guardian. The parent is presumed to have this right unless the Responsible Authority or Designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. 2. Denial of parental access. The Responsible Authority or Designee may deny parental access to private data when the juvenile requests this denial and the Responsible Authority or Designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Responsible Authority or Designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences. • Whether denying access may protect the juvenile from physical or emotional harm. • Whether there is reasonable grounds to support the juvenile's reasons, and • Whether the data concerns medical, dental or other health services provided under Minnesota Statutes Sections §§144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. V. DENIAL OF ACCESS If the Responsible Authority or Designee determines that the requested data is not accessible to the requesting party, the Responsible Authority or Designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Responsible Authority or Designee must place an oral denial in writing upon request. This must also include the specific authority for the denial. VI. COLLECTION OF DATA ON INDIVIDUALS The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about himself or herself to City personnel, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: • The purpose and intended use of the requested data; 4 • Whether the individual may refuse or is legally required to supply the requested data; • Any known consequences from supplying or refusing to supply the information; and • The identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. VII. CHALLENGE TO DATA ACCURACY An individual who is subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the Responsible Authority in writing describing the nature of the contest. Within 30 days, the Responsible Authority or Designee must respond and either (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of the inaccurate or incomplete date, including recipients named by the individual, or (b) notify the individual that the Authority believes the data to be correct. An individual who is dissatisfied with the Responsible Authority's action may appeal to the Commissioner of the Minnesota Department of Administrations, using the contested case procedures under Minnesota Statutes. The Responsible Authority will correct any data if so ordered by the Commissioner. VIII. ACCURACY OF DATA A. Accuracy and currency of data. 1. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. 2. All collected data is subject to disposal in accordance with the City's records retention schedule. B. Data safeguards. 1. Private and confidential information will be stored in files or databases which are not readily accessible to unauthorized individuals will be secured during hours when the offices are closed. 5 Z~ 2. Private and confidential data will be kept only in City offices, except when necessary for City business. 3. Only employees whose job responsibilities require them to have access will be allowed access to files and records that contain private and confidential information. These employees will be instructed to: • Not discuss, disclose or otherwise release private or confidential data to anyone whose job responsibilities do not require access to the data; • Not leave private or confidential data where non-authorized individuals may see it; and • Shred private or confidential data before discarding. 4. When a contract with an outside party requires access to private or confidential information, the contracting party will be required to use and disseminate the information consistent with the Act. IX. NONPUBLIC DATA A. Restricted Access Under Minnesota Statutes § 13.37. Under Minnesota Statutes § 13.37, data may be classified as nonpublic if it is considered to be (a) "Security Information;" or (b) "Trade Secret Information." (a) "Security Information" is defined as government data the disclosure of which would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. (b) "Trade Secret Information" is defined as government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. In the event that a supplier of data asserts that the submitted data is nonpublic pursuant to Minnesota Statutes § 13.37, the supplier shall, at the time the data is submitted to the City, include a written assertion stating which parts of the submitted data are nonpublic and the basis under Minnesota Statutes § 13.37 that qualifies the data as nonpublic (e.g. safety system installed in the house, restrictive order against an individual). 6 Z B. Restricted Access Under the Federal Copyright Act (FCA). In the event that a supplier of data asserts that the submitted data is copyrighted and may not be copied without the supplier's permission, the supplier shall, at the time the data is submitted to the City, include a written statement noting that the data is copyrighted. In the event a requestor seeks access to copyrighted data, the Responsible Authority or Designee shall furnish the data for the requestor to view, but the requestor shall be prohibited from making copies of the copyrighted data without the written permission of the copyright holder. 7 z.~ CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 EXHIBIT "A" REQUEST FOR DATA This information is retained in an effort to comply with the Minnesota Data Practices Act, Minnesota Statute §13.01. Name: Date: Optional Address: (optional) Phone: (optional) Description of Data: Request for copies Request to view data Request to make own copies (.25 per page) * Name and address is not required to received access to public data Office Use: Date Data Provided By: 8 ~~l/ EXHIBIT "B" CONSENT TO RELEASE PRIVATE DATA I, , authorize the City of Eagan ("City") to release (print name) the following private data about me: to the following person or people: The person or people receiving the private data may use it only for the following purpose or purposes: This authorization is dated and expires on The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in connection with applications for life insurance or non-cancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. X Signature Identified by: O Witness X O Identification: Driver's License, State ID, Passport, other: O Comparison with signature on file O Other: Responsible Authority/Designee: 9 2-1 EXHIBIT "C" City of Eagan DISCLOSURE REQUEST Minnesota Government Data Practices Act A. Completed by Requester REQUESTER NAME (LAST, FIRST, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE, ZIP: SIGNATURE: DESCRIPTION OF INFORMATION REQUESTED: B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: ❑ PUBLIC ❑ NON-PUBLIC ❑ APPROVED ❑ PRIVATE ❑ PROTECTED NON-PUBLIC ❑ APPROVED M PART (Explain below) ❑ CONFIDENTIAL ❑ DENIED (Explain below REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION ❑ NONE ❑ IDENTIFICATION: DRIVER'S LICENSE, STATE ID, Etc. ❑ Pages x = ❑ COMPARISON WITH SIGNATURE ON FILE ❑ Special Rate: (attach explanation) ❑ PERSONAL KNOWLEDGE ❑ OTHER: AUTHORIZED SIGNATURE: 10 CITY OF EAGAN RESOLUTION APPOINTMENT OF RESPONSIBLE AUTHORITY WHEREAS, Minnesota Statutes, Section 13.01, et. seq. requires that the City of Eagan appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, within the City and, WHEREAS, the Eagan City Council shares concern expressed by the legislature on the responsible use of all City data and wish to satisfy this concern by immediately appointing an administratively qualified Responsible Authority, as required under the statute. BE IT RESOLVED, the City Council of Eagan appoints MIRA PEPPER, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes Section 13.01, et. seq. CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: May 1, 2007 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 1St day of May, 2007. City Clerk 2-9 Agenda Information Memo May 1, 2007 Eagan City Council Meeting E. LOT 6, BLOCK 1 BRITTANY 2ND ADDITION RIGHT-OF-WAY/ EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easement within Lot 6, Block 1 Brittany 2°a Addition and schedule a public hearing to be held on June 5, 2007. FACTS: • On April 23, 2007, City staff received a petition from Michael Supina, property owner at 1656 Sherwood Way (Lot 6, Block 1 Brittany 2°d Addition), in southern Eagan requesting the vacation of a portion of a public drainage & utility easement within this property. • Standard 5-foot wide lot line public easements were dedicated on this lot as part of the Brittany 2nd Addition plat in 1980. • A portion of the garage (approximately 1 '/2 feet x 19 feet) constructed with the house in 1982, was built within the lot line easement. • The purpose of the request is to remove this portion of the easement from the area of the existing structure. • The property owner has also applied for a variance to the 5-foot side yard setback. The City Council is scheduled to consider this variance on June 5, 2007. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS- • Location Map, page • Easement Vacation Exhibit, page SAVER BELL RD. VSO Y U g DO Q J w ~ LLB Q ~j LEY U DIFFLEY ROAD o ' J m O z Y Ci o (M M u) CLIFF ROAD CLIFF ROAD a 'o\w 11111 3 ~s3r, d z W ~TJ K sHeawooo 0 z W Y e ~ o s Proposed APPLE VALLEY Vacation I 1656 Sherwood Way,. Brittany 2nd Addition Proposed Easement Vacation 4/25/07 Location Map City of Eagan 3 r~ SHER WOOD WA Y ~ NORTH N 3.5 3.50'_° 9.9 GARAGE ai E KIS71NG - HOl1SE p 5., 100 m 3 Y `LV AREA TO BE VACATED N 141 ~ o T.- l o , ! r' f ,r DRAINAGE AND UTILITY ` t~ EASEMENT PER PLAT' S `N h S89°47'15W 96.42 1 Description of easement to be vacated: Commencing at the northwest corner of Lot 6, Block 1, Brittany Second Add., Dakota County, Minnesota, thence along the westerly line of said Lot 6 a distance of 21.0 feet, thence left 90 degrees a distance of 3.50 feet to the point of beginning of the area to be described, thence continuing along said line a distance of 1.50 feet, thence right 90 degrees a distance of 19.0 feet~~~~_ thence along a line bearing northwesterly to the point of beginning and there terminating. \V~ 1656 Sherwood Way, Brittany 2nd Addition City 4/25/07 Proposed Easement Vacation 32- of Eagan Agenda Information Memo May 1, 2007, Eagan City Council Meeting F. APPROVE AGREEMENT WITH SHRED-IT TO PROVIDE DOCUMENT DESTRUCTION SERVICES FOR THE CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the agreement with Shred-It to provide document destruction services for the City of Eagan. FACTS: ➢ The City of Eagan has need for document destruction services to properly shred and dispose of confidential material. In the past, the City has utilized the services of Shred-It for this purpose. ➢ Documents classified as confidential are placed in locked security consoles in various City buildings. Shred-It collects the documents on a regularly scheduled basis for shredding and disposal. ➢ The agreement has been properly reviewed and is deemed in order for approval by the Council. ATTACHMENTS (1): Agreement with Shred-It on pages through. 33 Apr. 23. 2007 3: 23PM No. 0385 P. 2 • i 6943 WASH ANGTONAVENUE SOUTH i EDINA, MN 55439 CLIENT SERVICE AGREEMENT This CLIENT SERVICE AGREEMENT (the 'Agreement") between Minnesota Shredding, LLC d/bla Shred-It CShred-it') and City of Eagan, a Minnesota municipal corporation ("Client's takes effect on December 15, 2006 (the'Effective Date'). In consideration of the promises set forth in this Agreement, the parties agree as follows: II Definitions. For purposes of this Agreement, the terms set forth below will have the following meanings: 1.1 A "Certificate of Destruction" is a document that Shred-it provides to Client as confirmation that the Document Destruction Process, as described in Section 22, has been completed with respect to certain Confidential Materials. 1.2 "Confidential Materials" are any materials, including documents, that are placed within Shred-it's Locked Security Consoles located on Client's business premises. 1.3 "Locked Security Consoles" are secured storage containers designed for the day-to-day collection and storage of Client's Confidential Materials. 1.4 "Shredded Material" consists of the waste material that is produced by Shred4s mechanical shredding devices during the Document Destruction Process. 2. Shred-it Services. Shred-it solely will provide the following services to Client (the "Se ices"): 2.1 Equipment. Shred-it will provide and maintain a reasonable supply of Lockedecurity Consoles and other related equipment for the collection and storage of Client's Confidential Materi I s. 2.2 Document Collection and Destruction. Shred-it will: (a) physically collect Client's Confidential Materials on a regularly scheduled basis, to be mutually determined by Shred-it and Client; and (b) upon physical collection of the Confidential Materials, destroy, on or in reasonable proximity to. Client's business premises, the Confidential Materials through use of vehicle mounted mechanical .shreding devices (the 'Document Destruction Process"). 2.3 Certification. At the conclusion of the Document Destruction Process, Shred-i will immediately provide Client with a Certificate of Destruction. 2.4 Inspection Rights, Upon Client's request, an authorized representative of CII nt may, at any time, inspect the Document Destruction Process. 2.5 Document Disposal and Recycling, Shred-it will recycle or otherwise dispose of Client's Shredded Material in the ordinary course of Shred-it's business. 3. Ownership of Equipment, The Locked Security Consoles and any other equipment provided to Customer by Shred-it will at all times remain the property of Shred-it Client will have no interest in or rights to the Locked Security Consoles or the other equipment provided by Shred-it 4, Damaged Equipment. Client will fully compensate Shred-it for any damage to, or loss of, the Locked Security Consoles or any other equipment supplied to Client by Shred-it except for any equipment loss or damage directly caused by Shred-it, which loss or damage shall be Shred-ifs responsibility. 3 I AP r. 23, 2007 3: 23PM l No. 0385 P. 3 5. Service Fee, As a "Service Fee," Client will pay Shred-it $3.33 per minute for document collection, destruction and other related services, with a minimum of $54.95 per service. Client will pay the service Fee within 30 days of receiving an invoice for services upon which the Service Fee is based. 6. Term of Agreement. This Agreement will remain in force for a term of 2 years (the 'Initial Term"), and will automatically renew for an unlimited number additional one-year terms (a "Renewal Term") This Agreement maybe terminated without cause by either party giving-the other party 30 days written notice f termination. Within 60 days of termination by either party, client will pay Shred-it in full for any and all outs nding balances for services perforrned by Shred-it prior to the termination of this Agreement Neither party thereafter shall have any obligation for future service or payment 7, Excused Performance. Shred-it will not be in breach for failure to comply with the provisions of this Agreement where Shred-ifs failure is due to circumstances beyond Shred-its reasonable control including without limitation wars, riots, civil commotion, fires, natural disasters and acts of government 8. Assignment. Neither party will assign this Agreement without the written consent of th'e other party. 9.. Miscellaneous. No amendment to this Agreement or waiver of the rights or obligations of either party is effective unless in writing signed by the parties. If any provision of this Agreement is held invalid o~ unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full farce and effect Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. This Agreement contains the entire agreement and understanding of the parties concerning the subject matter of this Agreement 11e parties havc mocuted this Agrccment as of the dare first written above. SHRED-IT CITY OF EAGAN a Minncsota Municipal corpora ion By: Charles T. Pearson By: Mike Maguire Its: President/GM Its: Mayor By: Maria Petersen Its: City Clerk 25 ~ Agenda Information Memo May 1, 2007, Eagan City Council Meeting G. APPROVE TEMPORARY 3.2 PERCENT MALT LIQUOR LICENSE FOR THE EAGAN LIONS CLUB FOR THE FOURTH OF JULY CELEBRATION (JULY 3-4,2007) AND WAIVE THE $25 LICENSE FEE ACTIONS TO BE CONSIDERED: To approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2007) and waive the $25 license fee. FACTS: ➢ The Eagan Lions Club has requested a temporary malt liquor license be issued to them for the Fourth of July celebration, July 3-4, 2007. ➢ The application form has been submitted and deemed in order by staff. The Eagan Lions Club is requesting that the $25.00 license fee be waived. ATTACHMENTS (3): Letters and site plan from Lions Club enclosed on pages 3~ through ~CJ . EAGAN LIONS CLUB April 13, 2007 To The City of Eagan Re: Temporary Beer License We have reviewed the new ordinance and will make all attempts to comply with it Attached is a site plan where our beer tent will be located. The Eagan Lions Club at 4`~ of July will have a tent at the FunFest in Eagan Central Park where the beer will be served. Site plan is attach our tent is #0. We will have 100% of the tent. We will partition our part of the tent with Police tape and have signs that state no beer out of the area. We will have members checking all persons that come in to our area all of our members have been though training for checking ID for our insurance Co. All people that come in to our tent that are 21 will have a wristband but on by a member. We will have signs posted notifying the public that sales to and consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. We will have on-site manager at all times we are open. jl~hank You 7 EA A LIONS CLUB JE MARKO EAGAN LIONS CLUB April 13, 2007 The Eagan Lions Club would like to request that the city waive the $25.00 Fee for the Liquor License for the 4~' of July. *JE#IMARKO d6 IN, . f A~ e rr 6' i !i 1 G P-d TnirR-ni.s-iqs 2 ITaaR U2T9TWM dRb:;;T .6n c7 ReLI Agenda Information Memo May 1, 2007, Eagan City Council Meeting H. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR THE TWIN CITIES GOOD TIME SOFTBALL LEAGUE ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. FACTS: ➢ The Twin Cities Good Time Softball League, a non-profit organization based in Minneapolis, has applied for a temporary on-sale liquor license to allow the sale of strong beer at their softball tournament, the North Star Classic, scheduled for May 26 and 27, 2007 at the Northview Athletic Fields. ➢ The North Star Classic tournament has been held in the City of Eagan since 2004. For the past three years, the organization was granted a temporary liquor license by the City to allow alcohol sales at this event. ➢ The organization has met the requirements for a temporary on-sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been deemed in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (3): Information required of temporary liquor licensees enclosed on pages through 4. b 2007 Northstar Classic May 26 - 27, 2007 Additional information regarding bar/concessions operations at Northview Athletic Complex. Security Precautions ■ Security Personnel will be provided by the tournament staff consisting of individual who work security in the bar industry. All security personnel have completed Alcohol Beverage Service Training. Security will be checking identification and attaching wristbands to those of legal drinking age. ■ Wrist bands will be provided by College City Beverage, Inc. of Northfield, MN. ■ Signs will be posted at the entrance to the concessions area and the serving booth regarding Minnesota Statute(s) on alcohol sales and consumption. Please see attached example. Insurance Information ■ General Liability Insurance will be provided by Bollinger Insurance of Short Hills, New Jersey ■ Liquor Liability Insurance will be provided by Minnesota Joint Underwriting Association of Saint Paul, MN. ■ Please see the attached Liquor Liability Insurance Certificate. Sales Area • Bar/concessions will be contained within the main complex by existing fencing and temporary fencing. ■ Area will be located on the East side of the complex, see attached photographs. ■ A bar/concessions manager will be provided by one of our sponsor bars staff. Hours of Operation ■ The North Star Classic Tournament is a two-day tournament, Saturday, May 26 and Sunday, May 27, 2007. The hours for beer sales are 12:00 PM (Noon) to 5:00 PM both Saturday and Sunday. All beer must be consumed by the 5:30 PM closing of the beer and concessions area. 1~ In accordance with Minnesota Law: Persons under the age of 21 will not be sold and may not possess alcoholic beverages. (340A.503) Persons who are obviously intoxicated will not be sold and may not possess alcoholic beverages. (340A.502) The City of Eagan requires that persons 21 and older be issued a wrist band that must be worn in plain sight to purchase alcoholic beverages. Valid State or Federal ID is required for a wrist and. .~c v N U c a N. ~ _ M _0 U- a) A? LL I- a~ m easy Alunoag aleoipul sauil pros 941 C O N O = •tn L N CL Cj) N N (p U s O C CD +r -p V 0 co p C v)w N 0) O U O C O N C 0 06 O 11-1 N O z _ -a--• C N CU 2 cu r ( _D 7 VJ ~ ~3 Agenda Information Memo Eagan City Council Meeting Consent Agenda May 1, 2007 1. APPROVE CONSTRUCTION LOAN DISBURSEMENT AGREEMENT WITH DAKOTA COUNTY CDA AND CEDAR BLUFFS HOA FOR THE CEDAR BLUFFS HOUSING IMPROVEMENT DISTRICT To approve a Construction Loan Disbursement Agreement with the Dakota County Community Development Agency and the Cedar Bluffs Homeowners Association for the Cedar Bluffs Housing Improvement District. FACTS: • The owners of the Cedar Bluff Townhomes requested that the City establish a Housing Improvement Area to finance the replacement of patio doors and windows and to repair concrete and foundations. At its meeting of October 17, 2006, the City Council approved the creation of the district and the development agreement for that purpose. • The Dakota County CDA has experience in managing housing rehabilitation projects of this kind. The CDA has agreed to act on the City's behalf as the construction manager, to oversee draw requests and confirm the satisfactory completion of the work under the project. The Disbursement Agreement confirms the responsibilities of the parties for that purpose. • The total cost of the improvements, including financing costs, has been estimated to be $767,900. The City will make a loan to the association in an amount up to $767,900 at an interest rate of 5.5% and amortized over 15 years. The annual housing improvement fee will be set at 105% of the annual principal and interest due. ATTACHMENTS: Disbursement Agreement available upon request. L44 Agenda Information Memo May 1, 2007 Eagan City Council Meeting J. BOULDER LAKES/ DELAWARE ESTATES RIGHT-OF-WAY/ EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements and right-of-way within Delaware Estates (proposed "Boulder Lakes" development) and schedule a public hearing to be held on June 5, 2007. FACTS: • On March 20, 2007, City staff received a petition from Jim Deanovic, the owner of the proposed "Boulder Lakes Business Park" property, located north of Lone Oak Road (County Road 26) along the Inver Grove Heights border in northeast Eagan requesting the vacation of all public drainage & utility easements and right-of-way within this property, currently platted as Delaware Estates. , • Public easements and right-of-way were dedicated as part of the Delaware Estates plat in 1964 to cover public water bodies and proposed streets that were never constructed. • The purpose of the request is to allow development of the property as proposed with the Boulder Lakes Business Park development as an 85-acre multi-building and office/ warehouse business campus. • The preliminary subdivision approval for the development will be considered by the City Council on May 15, 2007. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS- • Location Map, page. • Easement Vacation Exhibit, page 11_ 1-494 Proposed Vacation Y Z to LONE OAK ROAD TRUNk Hµ~ Ho. Sg w z O r C~ w Z o X J Q i 4 YANKEE DOODLE ROAD W I~ .y Q ESCOTT ROD 9 Delaware Estates & Outlot D, Cray Second Addition Proposed Easement Vacati4(,2 4/25107 City of Eagan Location Map I / NORTH ~J ~Q Q 4-0 Q ~ 015-75 0) Q Q 073-75 Q Q - - - - v 074-75 O w ~ I Q OUTLOT D I L V I > LONE OAK ROAD Delaware Estates & Outlot D, Cray Second Addition 4/25/07 Proposed Easement Vacation 4-7 City of Eagan Agenda Information Memo May 1, 2007 Eagan City Council Meeting i K. CONTRACT 06-01. TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Receive the bids for Contract 06-01 (TH 149 Upgrade), award the contract to Park Construction for the Base Bid of $8,969,009.74 and all Bid Alternates totaling $131,944.80 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 providing for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • On January 2, 2007 the City Council approved the plans and authorized the advertisement for competitive bids and directed the Finance Committee to review funding and financing options for this project prior to the Council's consideration of contract award due to escalating cost estimates and City of Eagan's financial contribution requirements. • On March 22, 15 bids were received. After reviewing all bids for conformity to the bid specifications and bidder qualifications criteria, the apparent qualifying low bid was -15% below the Engineer's estimate. • At its meeting held on March 29, the Finance Committee reviewed the favorable bid results and its lessened impact on the City's 5-yr CIP. They subsequently authorized a recommendation to the City Council to award the base contract and the alternate bid for the installation of the fiber conduit to the qualified low bidder. • The bid recommendation was accordingly submitted to MnDOT for their required concurrence. MnDOT surprisingly informed the City that the FHWA will not accept our Bidder Qualification process and will withhold their respective funding ($6.1 million) if the City proceeds with a contract award, even if awarded to the lowest bidder. MnDOT and FHWA suggested that the City reject all bids and re-advertise for new bids without a bidder qualification requirement. • At the April 10, City Council workshop the Council rejected the bids for Contract 06-01 and authorized the advertisement for a new bid opening to be held on April 24, 2007. • On April 24, 7 bids were received. The apparent lowest responsible base bid on the re-bid was nearly 20% below the original Engineer's estimate and almost $500,000 (5.2%) below the previous lowest responsible bidder on March 22. • The award of the bid alternate for the installation of the fiber conduit could be based on the following considerations: o The companion alternate bid for the fiber conduit is approx. $131,945. This is 12.6% less than the previous qualifying low bid of $151,023. o While it would not be strategically beneficial to install conduit in all open trenches in the City, the Highway 149 corridor is a key component of any future fiber routing. Consequently, inclusion of the conduit with the Highway 149 reconstruction project provides an opportunity in which the City's investment can be recovered in the future. o As the Tech Working Group continues its work to help define options, the City Council will be in position to authorize the development of a focused, engineered master plan for the City and the ultimate business plan for the City's use of its fiber conduit. o There are currently no other potential open trenches where the City will face this decision in advance of the development of the master plan and business plan. o It is appropriate to finance the Highway 149 fiber conduit in the same manner as the entrepreneurial, City owned component of the ISD 196 11.5 mile fiber loop through the City's new enterprise fund. The business plan to be developed will address the capitalization of this fund which is currently borrowing money from the City's investment pool. • All agency agreements have been executed and all construction easements necessary for this project have been acquired from the impacted properties or are being pursued through the Eminent Domain process with quick take rights-of-entry already secured. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Park Construction has been reviewed by the Engineering Division and found to be in order for MnDOT concurrence. The Finance Committee will meet on April 30 to review these new bids and will be providing a recommendation for Council consideration. ISSUES: • At the time of this agenda preparation, the bid results were still being reviewed by MnDOT. A notice of conformance and support for contract award from MnDOT is expected before the Council meeting. ATTACHMENTS: • Bid Tabulation, page 50 . BID SUMMARY CITY CONTRACT 06-01 TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) Bid Date: Tuesday, April 24, 2007 Bid Time: 10:30 a.m. Contractors Total Base Bid Sum Alternate Bids 1. Park Construction Company_ $8,969,009.74 $131,944.80 2. Hoffman Construction $9,146,076.27 $137,198.00 3. Bituminous Roadways $9,172,888.61 $132,500.00 4. Shafer Contracting Co. $9,185,320.74 $126,187.30 5. Palda & Sons, Inc. $9,216,974.16 $126,187.30 6. Max Steining_er, Inc. $9,351,919.20 $126,187.30 7. Carl Bolander & Sons Co. $9,708,599.06 $156,708.50 Low Base Bid $8,969,009.74 Feasibility Report Estimate $7,935,000.00 % Over/Under FR Estimate +13.0% Engineer's Estimate $11,133,215.00 % Over/Under Eng Estimate -19.4% G:Proj ects.&Contracts/06-0 I /Rebid BidSummary, 4-24-07 Agenda Information Memo May 1, 2007 Eagan City Council Meeting L. CONTRACT 07-02,2007 CITY-WIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Receive the bids for Contract 07-02 (2007 City- Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc., for the Base Bid unit price up to $122,500 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The rehabilitation of various existing sanitary sewer pipes throughout the City by the installation of lining was programmed for 2007 in the City of Eagan's 5-Year Capital Improvement Program (2007-2011). • The City Council authorized the sanitary sewer lining improvements of about 5,000 linear feet of existing pipe for various areas within the City with the approval of the Sanitary Sewer Operations and Facilities portion of the 2007-2011 Capital Improvement Program (CIP) and 2007 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • At 11:00 a.m. on April 26, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Visu-Sewer Clean & Seal, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Tabulation, page 52- • Location Map, page 532 5~ BID SUMMARY SEWER LINE RENOVATION FOR CURED IN PLACE PIPE CITY CONTRACT NO. 07-02 Bid Date: Thursday, April 26, 2007 Bid Time: 11:00 a.m. Bidder 5% Bid Price per Foot Total Base Bid Bond 1. Michels Corp. Yes $26.25 $131,250.00 2. Insituform Technologies Yes $27.50 $137,500.00 3. Visu-Sewer Clean & Seal Yes $24.50 $122,500.00 4. Veit & Companies Yes $25.00 $125,000.00 5. Low Bid $122,500.00 Budget Amount $145,000.00 Percent Under Budget 15% cc: Charlie Borash Wayne Schwanz Tom Colbert 52, 2007 SANITARY SEWER r LINING CIP -2007 PRIVATE STREETS e L O 500 1,000 FEET (r DBY EAGANPDBUG WbiNS GISDEPT. ~ ~P ~~I City of EganPREPARE Dwh PNEPAR 4 MARCR 200 O R BUFFET WA P OR PORATE CENTER OJ AVALON AVE - w w rc HIGHVIEW AVE ~ ~ P2 w w m Oo BRIDGEVIEW AVE > w m V w W o = t] p h SOVTHRIDG i w 2 AV (7 m ~~RDR ~9 SKYLINE DR oy <q OpNDAL SKYLINE KYLINF RD 4 CT 9 STEPHANIECIR CT O 2 ZEHNDER ACRES a SKYLINE (1613 FT.) z Z m R STIC HILLS R TRL O D O NE RpNIER LN Z o p y PATH > Y h ° O ~ m > w w O ? ° UGC T V R ~ j Q= ; K rc w p a 5 a ° a ° Y o 0 o w a O X O p 5 O I O W Op u MCCARTHY O z m r- a 3 TIMBER RIDGE RD O TOW EADOWVIEW LN OFD CEDAR RD CT n pfiNUM OR ° F FO(/R OAK" RO F7ADDrr[Ot QUARRY LN OG A YWOOD (3437 FT.) o p r OR a ~ GPoY O~ ¢ z G~ w° 'P AIND o O m p C < Y C NpL FL m a ° m 9/Q L p HIGH SCTE OR G8` m SNOW -y HILLRIDGE ° Z K m DR p DR ryORrh NOR F > LETENDRE S CENTRp~'P wOOOp n m k'Y o ~ p z F mo MARICE DR w w U m m U > O O 2 p HD.NAL. O p 53 Agenda Information Memo May 1, 2007 Eagan City Council Meeting M. COUNTY HIGHWAY OVERLAYS NOISE REGULATIONS ACTION TO BE CONSIDERED: Authorize a variance to the Construction Activity Noise Regulations (Ordinance Section 10.37) to allow construction activity on Yankee Doodle Road (Federal Drive to I-35E), and Pilot Knob Road (Wescott Road to Marice Drive) between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, for the 2007 County Highway overlays. FACTS: • Dakota County annually provides bituminous overlays of its highways throughout the county, as needed for maintenance purposes. This year the County will be providing overlays on the following segments of County highways within the City of Eagan: o Pilot Knob Road (CSAH 31)-Cliff Road to Marice Drive o Lexington Avenue (CSAH 43)-Diffley Road to Town Centre Drive o Lone Oak Road (County Road 26)-TH 13 to Pilot Knob Road o Cliff Road (CSAH 32)-West side of TH 3 to Weston Hills Drive • In the recent past, notable conflicts have occurred between the construction activities and the vehicle traffic on the County highways. Safety concerns and significant delays have resulted for the traveling public. • Typically, the County highway overlays have been placed between 7:00 a.m. and 7:00 p.m., beginning with the morning rush hour and ending with the evening rush hour. • The traffic volumes on Pilot Knob Road and Yankee Doodle Road, especially at the intersection of the two highways, is greater than any other County or City roadways in Eagan. • Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. • The opportunity for the 2007 contractor to overlay these busy segments of County highways within the City of Eagan on weeknights, as needed, when traffic volumes are the lowest will reduce the associated impacts to the traveling public. ATTACHMENTS: 195 • Letter, page ,54 C O U N T Y Transportation Department April 27, 2007 Mark J. Krebsbach, P.E. Transportation Director! County Engineer Dakota County Empire Transportation Facility Mayor Mike Maguire 2800160th street w. City of Eagan Rosemount. MN 55068 3830 Pilot Knob Road 952.891.7900 Eagan, MN 55122 Fax 952.891.7909 www.co.dakota.mn.us SUBJECT: Request to Allow Night Work Dear Mayor and Council Members: Dakota County is seeking permission to perform night paving on portions of Yankee Doodle Road and Pilot Knob Road. Night work would lessen the impacts to commuters and area businesses. This work would likely be in violation of the City of Eagan's noise ordinance. Yankee Doodle Road (between Federal Drive and the west side of 35E bridge) and Pilot Knob Road (between Wescott Road and Maurice Drive) are planned for a bituminous overlay this summer. The contract is currently out for bid and a schedule for the work has not been set and a contractor has not been selected. We anticipate this work will take less than a week to complete. Thank you for consideration of our request. If you have any questions, please call me at 952-891-7926. Sincerely, Dave Zech Assistant County Engineer C: Russ Matthys Tom Colbert i,4d m recycled paper "55 vmh 309E pox<answer waste. - EQU OPPORTL"Ty EMPLOYER Consent Agenda Information Memo May 1, 2007 Eagan City Council Meeting CONSENT AGENDA: N. Accept a $2,000 grant from the Eagan Foundation for the Eagan Police Explorers ACTION TO BE CONSIDERED: To accept the grant on behalf of the Eagan Police Explorers. FACTS: a On 4/19/07, the Eagan Foundation awarded a $2,000 community grant to the Eagan Police Explorers • The grant will be used to purchase equipment for the Explorers. • A letter will be sent by Police Chief James McDonald thanking the Eagan Foundation for their award. ATTACHMENTS: No attachments Agenda Information Memo May 1, 2007 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 905"R", LONG ACRES/LEBANON HILLS REGIONAL PARK - STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/Deny Project 905 R (Long Acres/Lebanon Hills Regional Park - Storm Drainage Improvements) and authorize the preparation of plans, specifications and joint powers agreements. FACTS: • The City of Eagan's Comprehensive Storm Water Management Plan identifies a concept of providing for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP). This project has been programmed for 2007 in the currently approved Capital Improvement Plan. • The original Project 905, approved by Council action at the July 6, 2004 public hearing, incorporated the common elements of both the City and County's needs into one proposed project. With that Council authorization, staff then initiated the necessary discussions and meetings with all affected agencies to prepare the required cooperative funding agreement. • In 2005, Dakota County completed its comprehensive surface water management plan for the 1400 acre regional park to manage the rate and volume of water that flows through the park. That plan also incorporates the "core" elements of this project. • Since this project incorporates two watershed organizations (Gun Club Lake & Vermillion River) and will provide for the ultimate drainage from multiple agencies (Dakota County, Rosemount, Apple Valley & Eagan), it took a considerable amount of discussion and negotiations to achieve an acceptable method of cost allocation amenable to all jurisdictions. The end result will be multiple Joint Powers Agreements between various combinations of agencies. Typical trunk area storm sewer assessments are proposed for Eagan property owners. • Now that an acceptable funding concept is close to being finalized, the original Council approval for Project 905 has expired (limit of 2 years). It is necessary for the Council to again formally consider the merits of this major drainage project at a new public hearing so it can proceed to fruition. A $500,000 Department of Natural Resources (DNR) flood hazard mitigation grant will expire on July 1, 2007 if the various JPA's are not approved or a construction contract awarded. • A draft feasibility report was presented to the Council on April 4 for consideration of scheduling a new public hearing to be held on May 1, 2007. This update and revised feasibility report includes new cost estimates, schedules and design refinements for constructing the core storm drainage improvements that will provide for the managed conveyance of storm water flows from southeast Eagan (Gun Club pond) into and through LHRP by way of Marsh Lake and McDonough Lake and ultimately connecting to the City's trunk system at the Holland Lake lift station. It also includes the required diversion and pre- treatment pond for Jensen Lake as discussed during the Steeplechase development. • An informational neighborhood meeting was held at the LHRP Visitor's Center on April 23. 12 property owners attended with various questions regarding assessments and lake elevations. ATTACHMENTS: • Feasibility Report, pages through • Notes from informational neighborhood mtg, pages JL and (.Q 1 City of EaRan REPORT FOR Long Acres Outlet/Lebanon Hills Regional Park Storm Drainage Improvements City Project No. 905R Eagan, Minnesota April, 2007 Project Number: 000049-04128-0 * Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651.636-4600 Fax 651-636-1311 www.bonestroo.com Bonestroo April 16, zoo? Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Long Acres Outlet/Lebanon Hills Regional Park Storm Drainage Improvements City Project No. 905R City of Eagan Bonestroo File No.: 49-04128-0 Dear Mayor and Council: Attached is our revised feasibility report for the Long Acres/Lebanon Hills Regional Park Storm Drainage Improvements. Proposed utility improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Sincerely, BONEST 00 Mark A. Hanson, PE I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under t e laws o the St to of Minn sota. ~IIL.D li-~ m/xi-t. Mark A. Hanson Date: April 16, 2007 Reg. No. 14260 Reviewed by: Department of Public Works Reviewed by: Finance Department Date: `f~ CITY OF EAGAN - LONG ACRES OUTLET/LEBANON HILLS REGIONAL PARK STORM DRAINAGE IMPROVEMENTS TABLE OF CONTENTS Letter of Transmittal ................................................................................................................................................1 Table of Contents ....................................................................................................................................................2 Scope .....................................................................................................................................................................3 Figure No. 1 -Location Plan .....................................................................................................................4 Recommendations ..................................................................................................................................................5 Feasibility Necessity and Cost Effectiveness .............................................................................................................6 Discussion .6 Permits and Easements ...........................................................................................................................................8 Cost Estimate .8 Areas to Be Included ......................::.......................................................................................................................9 Financing ..................................................................................................:...........................................................11 Project Schedule ....................................................................................................................................................13 Attachments: Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll Appendix C - Technical Memos on Thomas Lake Inputs Figure No. 2 - Drainage Areas and Jurisdictional Boundaries Figure No. 3 - Existing Overland Flow Routes for Park Discharge Figure No. 4 - Existing Storm Drainage to Minnesota River Figure No. 5 - LP-51 Improvements and LS-26 Upgrade Figure No. 6 - McDonough Lake Outlet Pipe Improvements Figure No. 7 - McDonough Lake Outlet Pipe Improvements Figure No. 8 - McDonough Lake Outlet Pipe Improvements Figure No. 9 - McDonough Lake Berm Improvements Figure No. 10 - Wetland 121 Improvements Figure No. 11 - Marsh Lake Outlet/Bioswale Figure No. 12 - Gun Club Pond Outlet Improvements Figure No. 13 - Pond 40 Diversion to Jensen Lake Figure No. 14 - Preliminary Property Assessment Overview Figure No. 15-20 - Preliminary Property Assessment Breakdown W CITY Of EAGAN - LONG ACRES OUTLETILEBANON HILLS REGIONAL PARK STORM DRAINAGE IMPROVEMENTS SCOPE This project provides for storm drainage improvements in and adjacent to the area of Lebanon Hills Regional Park and Cliff Road. The initial improvements were presented in the feasibility report for Project 905, dated June 2004, and further discussed in the Lebanon Hills Storm Water Management Plan, dated July 2005. This feasibility report is an update to the feasibility report for Project 905, dated June 2004. The existing and proposed improvements are shown on Figure No. 1- Location Plan and described below. The improvements are divided between those which are identified as "Core" Improvements and Additional Improvements. "Core" Improvements • Connect to Existing Storm Drainage System to Minnesota River • Increase Capacity Pond LP-51 Lift Station • Pond LP-51 Improvements • McDonough Lake Outlet to Pond LP-51 • Wetland 121 Improvements • Marsh Lake Outlet/Bioswale Additional Improvements Pond LP-23 (Gun Club Lake) to Marsh Lake • Pond 40 Diversion to Jensen Lake All the improvements noted above are proposed to be constructed as part of Project 905R with the exception of Existing Storm Drainage Systems to Minnesota River. These improvements exist and were previously constructed by the City of Eagan. The purpose in including these existing improvements is to identify the existing storm drainage system to the Minnesota River to establish cost participation. Since the approval of Project 905 in June 2004, the cities of Eagan, Rosemount, and Apple Valley; Dakota County Parks, the VRWJPO and the Gun Club Watershed Management Organization (GCWMO); and Department of Natural Resources (DNR) have been meeting, planning and negotiating the implementation of Project 905 and portions of the Lebanon Hills Stormwater Management Plan, dated July. 2005. Project 905R presented herein is the result of the meetings and decisions made by each affected agency. City of Eagan Project No: 49-04-128 Page 3 Bonestroo O O L TT 4;P o ~ Qfl a 9 ' ~J C •O t - ~ " L r ° P fl G ° Oa 7 S~ ~ h 1 a a .t • 59 ~ a - `6_ ` ~ to 'v c~ pc d G - _O n e O ° N Ka \ N all a t o P o OQ p Mr P" i ~ 0 9. - y~. WI Wp .p _ Ale 7~ U • c _ } V O co R N o s N CD . M a r. ' s a 0 Y o r, R W 00 _ 4 a tx` 111 ~ ~Y O LL- sf- O ~ d ~ O Y ~ U a o ~ oea c U a B a ° a a e F~ - AW Q (n .O h o u = a N U ° ~ - ~ J Q as ~ v 13 v c ~ C) cl O v O O Q ° o ❑ W F• 00 Q N Z C Z U 0O ° u J J W a ~ c J e e , ° 0 ` 1177ii CITY OF EAGAN - LONG ACRES OUTLETILEBANON HILLS REGIONAL PARK STORM DRAINAGE IMPROVEMENTS RECOMMENDATIONS It is recommended that: • The improvements are constructed as outlined in this report. The improvements to be constructed and the estimated project cost are noted below: - Pond LP-51 Lift Station $1,157,560 - Pond LP-51 49,800 - McDonough Lake Outlet to Pond LP-51 676,180 - Wetland 121 332,710 - Marsh Lake Outlet/Bioswale to McDonough Lake 62,360 - Pond LP-23 (Gun Club Pond) to Marsh Lake 143,040 - Pond 40 Diversion to Jensen Lake 81,080 Total $2,502,730 • The proposed improvements be designed, bid, and constructed as one contract. • The feasibility report be reviewed by the City Council/Staff based on the proposed schedule shown below: Present Feasibility Report April 5, 2007 Public Information Meeting April 23, 2007 Public Hearing/Approve Project May 1, 2007 Approve Plans and Specifications July 17, 2007 Bid Opening August 16, 2007 Receive Bids/Award Contract August 21, 2007 Substantial Completion March 31, 2008 Final Completion June 1, 2008 Assessment Hearing Summer 2008 First Payment Due with Real Estate Taxes Spring 2009 • City staff continues to work with the Dakota County Parks, DNR, and cities of Rosemount and Apple Valley to finalize all necessary agreements and plans/specifications. • Parcels proposed to be assessed are reviewed if trunk changes have been collected based on recent development approvals. • The project access requirements in Lebanon Hills Regional Park be finalized with Dakota County Parks City of Eagan Project No: 49-04-125 (J Page 5 Bonestroo CITY OF EAGAN - LONG ACRES OUTLETILEBANON HILLS REGIONAL PARK STORM DRAINAGE IMPROVEMENTS FEASIBILITY, NECESSITY, AND COST EFFECTIVENESS The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Stormwater Management Plan and the Lebanon Hills Stormwater Management Plan. This project is necessary to provide a controlled storm water flow to the Minnesota River for portions of Eagan, Apple Valley, Rosemount, and Lebanon Hills Regional Park. The storm water improvements will protect existing homes in Eagan from flooding for certain storm events located along Cliff Road and improve the quality of the natural resources in Lebanon Hills Regional Park. This project is cost effective based on existing conditions and acceptable standards to construct the proposed stormwater improvements. DISCUSSION CITY PROJECT 905 FEASIBILITY REPORT, JUNE 2004 The overall flow of stormwater in and adjacent to Lebanon Hills Regional Park in the City of Eagan is shown in Figure 3. The previous feasibility report for City Project 905 dated June 2004, identified improvements, which in general did the following: • Provide a storm sewer outlet from Gun Club Pond (Pond LP-23) to Marsh Lake in Lebanon Hills Regional Park to accommodate the Long Acres Development east of Gun Club Pond in Eagan. • Provide a storm water overflow from Marsh Lake to McDonough Lake in accordance with LHRP recognizing a greater storm water flow would occur as more development occurred upstream of LHRP in Eagan and Rosemount. • Provide a controlled storm water outflow from McDonough Lake to Pond LP-51 located north of Holland Lake and Cliff Road. Included in these improvements would be construction of a berm in the northwesterly corner of McDonough Lake to prevent McDonough Lake from overflowing into Cliff Road and flooding Eagan property and homes on the north side of Cliff Road. In addition, Wetland 121 located downstream of McDonough Lake would be utilized to provide additional storage during large storm events. • The capacity of the existing lift station at Pond LP-51 would be increased based on the existing forcemain size between Pond LP-51 /Thomas Lake and further review of the impact to the HWL in Thomas Lake (see memo in Appendix Q. In addition, Pond LP-51 would be modified dependent on the storm water outflow from McDonough Lake to Pond LP-51 and the extent the existing lift station at Pond LP-51 is upgraded. Following the public hearing and after approval of Project 905, staff from Eagan, Dakota County Parks, Rosemount, Apple Valley, VRWJP0, GCWMO, and DNR began to meet to further review and negotiate the City of Eagan OB Project No: 49-04-118 Page 6 Bonestroo improvements to be constructed. In July 2005, the Lebanon Hills Stormwater Management Plan (LHSMP) was completed identifying additional improvements and costs. LEBANON HILLS STORMWATER MANAGEMENT PLAN (LHSMP) - JULY 2005 The LHSMP identified existing conditions and proposed improvements/alternatives. In general, the recommended alternative that has been discussed and agreed to from the LHSMP - July 2005 is Alternative 4. The improvements are discussed below and shown in Figures 5 -13, located at the back of this report. • Increase the capacity of lift station at Pond LP-51 to 12.5 cubic feet per second (CFS) (Figure 5). • Storm water overflow to Holland Lake does not occur during the critical design storm event. • The existing driveways adjacent to Pond LP-51 would be re-graded to protect them from flooding during the critical design storm event. • The outlet pipe from McDonough Lake to Pond LP-51 would be a 24" gravity storm sewer. The berm elevation at the north end of McDonough Lake would be constructed to elevation 889.0 (Figures 6-9). • Wetland 121 would be reconstructed to provide infiltration/groundwater recharge. A gravity storm sewer would convey low flows to Wetland 121 and an overflow pipe would connect from Wetland 121 to the McDonough Lake outlet pipe (figure 10). • The Marsh Lake storm water overflow would be constructed as a storm sewer pipe and bioswale (Figure 11). • An outlet pipe from Pond LP-23 (Gun Club Pond) to Marsh Lake would be constructed and controlled at Pond LP-23 (Figure 12). • The storm water from Pilot Knob Road and surrounding area would be directed to Pond 40 and discharge to a storm water treatment pond before discharging to Jensen Lake (Figure 13). City of Eagan ProjectNo: 49-04.118 Page 7 Bones roo CITY OF EAGAN - LONG ACRES OUTLET/LEBANON HILLS REGIONAL PARK STORM DRAINAGE IMPROVEMENTS PERMITS AND EASEMENTS Permits are required from Dakota County Transportation Department, the Minnesota Pollution Control Agency (MPCA), Canadian Pacific Railroad Utility Crossing, Minnesota Department of Transportation (Mn/DOT), and the DNR. Marsh Lake, McDonough Lake, Wetland 121, Holland Lake, and Gun Club Pond are all protected waters under the jurisdiction of the DNR. The DNR has stated through the planning and design process that one overall permit will be required for this project. Easements will be required for the grading and lift station construction adjacent to Pond LP-51. The need for access in Lebanon Hills Regional Park will be reviewed with Dakota County Parks. COST ESTIMATE An updated detailed cost estimate is presented in Appendix A, located at the back of this report, which is also summarized below. The total estimated project cost is $2,502,730 and includes a 5% contingency and 30% indirect costs. Indirect costs include administrative, engineering, construction interest, and legal expenses. . City Project No. 905R Pond LP-51 Lift Station $1,157,560 Pond LP-51 49,800 McDonough Lake Outlet to Pond LP-51 676,180 Wetland 121 332,710 Marsh Lake Outlet/Bioswale to McDonough lake 62,360 Pond LP-23 (Gun Club Pond) to Marsh Lake 143,040 Pond 40 Diversion to Jensen Lake 81,080 Total $2,502,730 City of Eagan Projectft - 49-04-118 Page 8 Bonestroo CITY OF EAGAN - LONG ACRES OUTLETILEBANON HILLS REGIONAL PARR STORM DRAINAGE IMPROVEMENTS AREAS TO BE INCLUDED Property Property I.D. Number Property Address I.D. Number Property Address PARK PARCELS CITY PARCELS 10-03400-010-04 N/A 10-03400-010-54 1286 CARRIAGE HILL DR 10-03400-010-52 N/A 10-03400-010-80 1115 120TH ST W, ROSEMOUNT 10-03400-010-53 1315 CARRIAGE HILL DR 10-03400-020-76 1252 CARRIAGE HILL DR 10-03400-010-55 N/A 10-03400-031-53 1325 CARRIAGE HILL DR 10-03400-010-56 N/A 10-03400-031-76 N/A 10-03400-010-74 _N/A 10-03400-032-53 1319 CARRIAGE HILL DR 10-03400-010-75 N/A 10-03400-032-76 1250 CARRIAGE HILL DR 10-03400-010-76 N/A 10-03400-040-76 1248 CARRIAGE HILL DR 10-03400-010-77 N/A 10-03500-010-50 N/A 10-03400-010-78 N/A 10-03500-010-51 945 BUTWIN RD 10-03400-010-79 N/A 10-03500-010-52 NIA 10-03400-040-53 N/A 10-03500-011-54 1015 120TH ST W, ROSEMOUNT 10-03400-050-53 N/A 10-03500-021-54 985 120TH ST W, ROSEMOUNT 10-03400-050-76 N/A 10-03600-010-53 2835 120TH ST W, ROSEMOUNT 10-03500-010-02 N/A 10-03600-010-56 10-03500-010-29 N/A 10-03600-010-57 N/A 10-03500-010-53 N/A 10-03600-010-80 650 GUN CLUB RD 10-03500-010-55 945 120TH ST W ROSEMOUNT 10-03600-012-81 500 GUN CLUB RD (Homestead Village) 10-03500-010-75 N/A 10-03600-013-55 4980 DODD RD 10-03500-010-76 NIA 10-03600-013-81 N/A (Lon Acres) 10-03500-010-77 N/A 10-03600-014-81 700 GUN CLUB RD (Lon Acres) 10-03500-010-78 N/A 10-03600-020-51 4875 DODD RD 10-03500-010-79 N/A 10-03600-020-53 10-03500-010-80 N/A 10-03600-021-79 N/A 10-03500-020-76 N/A 10-03600-022-79 640 GUN CLUB RD 10-03600-010-29 N/A 10-03600-027-25 4625 DODD RD 10-03600-010-30 N/A 10-03600-030-28 4755 DODD RD 10-03600-010-50 N/A 10-03600-030-51 4895 DODD BLVD 10-03600-010-52 N/A 10-03600-030-81 N/A 10-03600-010-54 N/A 10-03600-040-28 4775 DODD RD 10-03400-030-50 N/A 10-03600-050-28 4785 DODD RD 10-03400-040-50 4955 PILOT KNOB RD 10-10250-010-01 965 CLIFF RD 10-03300-010-78 N/A 10-10250-020-01 955 CLIFF RD 10-03300-010-77 NIA 10-10250-030-01 925 CLIFF RD City of Eagan I Project No: 49-04-128 Page 9 Bonestroo Property I.D. Number Property Address CITY PARCELS (CONTINUED) 10-20900-010-02 4822 DODD RD _ 10-20900-010-03 N/A 10-20900-010-04 4855 ROBERT TR S 10-20900-030-02 4850 DODD RD _ 10-20900-031-04 N/A 10-20900-032-03 4880 DODD RD 10-20900-040-02 4856 DODD RD _ 10-20900-040-03 675 FARM RD 10-20900-051-03 _ 4895 ROBERT TR S 10-22540-390-02 1284 CARRIAGE HILL DR 10-31800-010-01 4895 BISCAYNE AVE 10-31800-010-02 4890 BISCAYNE AVE 10-31800-020-01 4881 BISCAYNE AVE_ _ 10-31800-030-01 4861 BISCAYNE AVE 10-31800-030-02 4870 BISCAYNE AVE 10-44350-100-00 894 LAKEWOOD HILLS RD 10-44350-110-00 888 LAKEWOOD HILLS RD 10-44350-120-00 870 LAKEWOOD HILLS RD _ 10-44350-130-00 865 LAKEWOOD HILLS DR 10-44350-140-00 894 LAKEWOOD HILLS RD 10-44350-150-00 855 CLIFF RD 10-44350-151-00 874 LAKEWOOD HILLS RD 10-44350-160-00 _ 878 LAKEWOOD HILLS RD 10-44350-170-00 882 LAKEWOOD HILLS RD 10-44350-180-00 890 LAKEWOOD HILLS RD 10-44350-190-00 904 LAKEWOOD HILLS RD 10-44350-200-00 906 LAKEWOOD HILLS RD 10-44351-020-01 _ 910 LAKEWOOD HILLS RD _ 10-.48600-010-01 709 NAUV00 LANE 10-48600-020-01 704 NAUV00 LANE 10-53600-010-01 4575 OAK POND RD _ 10-53600-010-02 4590 OAK POND RD 10-57650-120-01 N/A (Lon Acres) 10-57650-130-01 535 GUN CLUB RD (Lon Acres) 10-69000-010-01 4900 DODD RD 10-69000-020-01 4920 DODD RD 10-69000-030-01 4940 DODD RD 10-84300-057-00 906 LAKEWOOD HILLS RD 10-03300-011-75 Steeplechase Development 10-03300-012-75 4871 PILOT KNOB RD 10-03300-013-75 4875 PILOT KNOB RD 10-03400-011-50 _ 4871 PILOT KNOB RD_ 10-03400-012-50 4875 PILOT KNOB RD 110-03400-020-50 Steeplechase Development 10-03400-050-29 4865 PILOT KNOB RD City of Eagan I Project No. 49-04-128 Page 10 Bonestroo CITY Of EAGAN - LONG ACRES OUTLETILEBANON HILLS REGIONAL PARK STORM DRAINAGE IMPROVEMENTS FINANCING The storm drainage improvements proposed under this project are considered major trunk or "core" improvements necessary to handle the drainage requirements of the various private properties and public agencies that lie within the affected watershed that ultimately drain to the Holland Lake Lift Station outlet. The drainage area tributary to McDonough Lake, including the cities of Rosemount and Apple Valley's contributory areas, is shown on Figure 2 located at the back of this report. Individual parcels located within the City of Eagan benefiting from Project 905R are shown on Figures 14-20. Private property located in the City of Eagan is typically charged a uniform Trunk Area Connection/Availability fee based on its designated land use description for trunk improvements. The City of Eagan's Fee Schedule for 2007 lists the following rates for Trunk Storm Sewer: Land Use Rate Single Family/Agricultural $0.106 per net sq. ft. Multi-Family $0.136 per net sq, ft. Non-Residential $0.163 per net sq. ft. *Net area = gross land area less any publicly dedicated ponds or right of way Previous policy has established a comparative fee for Regional and Community Park land at 50% of the Single Family/Agricultural rate (i.e. $0.053 per net sq. ft.) The Minnesota Department of Natural Resources (DNR) has allocated $500,000 towards this project for Flood Hazard Mitigation (if firm commitments/contracts can be executed by the various agencies by July 1, 2007). This grant will be allocated to all participating agencies' contribution requirements on a proportionate basis to the "Core" improvement costs. Eagan, Dakota County, Rosemount and Apple Valley's financial obligations for this project will be addressed in separate Joint Powers Agreements (IPA) between those various agencies. An acceptable method for calculating the various agencies related proportionate share of the "Core" improvements has been determined as follows: • The "Core" improvements are those major trunk improvements primarily serving the outlet for the Lebanon Hills Regional Park Master Drainage Plan and its upstream drainage basin, which includes portions of Eagan, Rosemount and Apple Valley. It includes a connection fee based on the equivalent cost of a new outlet from Holland Lake to the Minnesota River (see Figure 4) in consideration for connecting to the existing lift station outlet drainage system. (Feasibility Report est. = $3,391,360) • Eagan's contribution will be based on the revenue generated from Trunk Area Special Assessments levied against all private property located within the defined drainage area. (Feasibility Report est. _ $1,181,213) • Dakota County's contribution will be based on a rate that is calculated at 50% of the City's Single Family/Agricultural Trunk Fee ($0.053 per sq. ft.) and allocated against all land area in the LHRP that drains to/through McDonough Lake. (Feasibility Report est. = $1,474,900, see Summary Appendix 13). 11 City of Eagan Project No: 49-04-128 Page 11 * Bonestroo • The remaining unfunded difference ("Core" cost less Eagan and LHRP contribution, = $735,247) is considered a connection fee through a 1PA and proportionately allocated to Rosemount and Apple Valley based on their respective drainage areas (Rsmt = 651Ad86.92% & A.V. = 98Ad13.08%). • The DNR's funding grant will be similarly credited to all agencies based on its proportion to the "Core" costs ($500,0001$3,391,360 = 14.74%) • The County will also participate equally with Eagan for 50% of the costs for the Pond 40 Diversion to Jensen Lake, which is an Additional Improvement beyond the "Core" improvements (Feasibility Report est. = $40,540). • Eagan is fully responsible for Pond LP-23 (Gun Club) to Marsh Lake (Feasibility Report est. _ $143,040), which is also an Additional Improvement. A summary of the project's estimated cost and related revenue sources are listed as follows: PROJECT COST & REVENUE SUMMARY PROJECT COSTS "Core" Improvements Connection Fee (Equivalent for existing outlet to Mn River) $1,112,750 Holland Lake Lift Station expansion/upgrades $1,157,560 Pond LP-51 Improvements $ 49,800 McDonough Lake Outlet to Pond LP-51 $ 676,180 Wetland 121 Improvements $ 332,710 Marsh Lake Outlet (Bioswale) $ 62,360 Subtotal $3,391,360 Additional Improvements Pond LP-23 (Gun Club) to Marsh Lake $ 143,040 Pond 40 Diversion to Jensen Lake 81,080 Subtotal $ 224,120 TOTAL Cost $3,615,480 City of Eagan Project No: 49Page 18 Page 11 Bonestroo REVENUE "Core" Improvements Total DNR Grant Total w/Grant Dakota County Contribution $1,474,900 $217,450 $1,257,450 Rosemount Contribution (651 acres) $639,046 $94,217 $544,829 Apple Valley Contribution (98 acres) $96,701 $14,183 $82,018 Eagan Share $1,181,213 174150 $1,007,063 Subtotal "Core" Improvements $3,391,360 $500,000 $2,891,360 Additional Improvements Dakota County Responsibility $40,540 Pond 40 Diversion $40,540 Eagan Responsibility $183,580 Pond 40 Diversion $40,540 Pond LP-23 to Marsh Lake $143,040 Subtotal Additional Improvements $224,120 $224,120 TOTAL Revenue Sources $3,615,480 $500,000 $3,115,480 PROJECT SCHEDULE Event Date Present Feasibility Report April 5, 2007 Public Information Meeting April 23, 2007 Public Hearing/Approve Project May 1, 2007 Approve Plans and Specifications July 17, 2007 Bid Opening August 16, 2007 Receive Bids/Award Contract August 21, 2007 Substantial Completion March 31, 2008 Final Completion June 1, 2008 Assessment Hearing Summer 2008 First Payment Due with Real Estate Taxes Spring 2009 City of Eagan I Project No: 49Page 18 Page 13 Bonestroo i~ city of cagan Appendix A Preliminary Cost Estimate APPENDIX A PRELIMINARY COST ESTIMATE LEBANON HILLS TRUNK STORM SEWER OUTLET CITY PROJECT NO. 905R BRA FILE N0.49-04128 "Core" Improvements Part I - Existing Storm Drainage to Minnesota River Item Unit Est. Qty Unit Price Est Cost * 8" DIP (force main) LF 5,500 $27.13 $149,220 * 12" RCP CL V LF 18,470 48.93 $903,740 Total: $1,052,960 * 2006 Estimated Cost 8" DIP (force main) LF 5,500 2830 $157,850 12" RCP CL V LF 18,470 51.70 $954,900 Total: $1,112,750 2007 Esitimated Cost ENR Index Jul-05 7422 Feb-07 7879.54 % increase 5.81% Part 2 - Increase Holland Lake Lift Station Item Unit Est. Qty Unit Price Est Cost Mobilization LS 1 $25,400 $25,400 Remove Bituminous Pavement SY 75 $2 $150 Clear and Grub LS 1 $1,500 $1,500 Demolition Existing LS and Skimmer & Piping LS 1 $20,000 $20,000 New Skimmer Structure LS 1 $65,000 $65,000 New Quadplex Submersible Lift Station LS 1 $720,000 $720,000 18" DIP Forcemain LF 36 $60 $2,160 Connect to Existing 18" Forcemain LS 1 $4,250 $4,250 30" RCP Storm Sewer LS 40 $75 $3,000 Aggregate Base, Class 5, 100% Crushed TN 110 $15 $1,650 Bituminous Driveway TN 55 $53 $2,915 Seeding AC 0.4 $2,200 $880 Silt Fence LF 450 $2.50 $1,125 Subtotal $848,030 +5% Contingencies $42,400 $890,430 +30% Indirect Costs $267,130 Total $1,157,560 K:\49\4904128\Word\Reports\Draft_Report\Report 4-16-07\AppendixA for 2007 1 pdat tALS 1 APPENDIX A PRELIMINARY COST ESTIMATE LEBANON HILLS TRUNK STORM SEWER OUTLET CITY PROJECT NO. 905R BRA FILE NO. 49-04128 Part 3 - Pond LP-51 Improvements Item Unit Est. Qty Unit Price Est. Cost Mobilization LS 1 $2,000 $2,000 Clear and Grub LS 1 $4,000 $4,000 Silt Fence LF 600 $2.50 $1,500 Remove CMP Culvert LF 40 $4 $160 Common Borrow CY 1,000 $15 $15,000 Aggregate Base, Class 5, 100% Crushed TN 300 $15 $4,500 12" RCP Pipe Culvert LF 60 $25 $1,500 12" FES EA 2 $900 $1,800 Topsoil Borrow CY 100 $20 $2,000 Seeding AC 0.65 $2,200 $1,430 Sodding, Type Lawn Sy 520 $5 $2,600 Subtotal $36,490 +5% Contingencies $1,820 $38,310 +30% Indirect Costs $11,490 Total $49,800 Pad 4 - McDonough Lake Outlet to Pond LP-51 Item Unit Est Qty Unit Price Est Cost Mobilization LS 1 $14,500 $14,500 Traffic Control LS 1 $24,000 $24,000 Portable Concrete Barrier LS 1 $7,000 $7,000 Remove Storm Culvert LF 90 $6 $540 Relocate Sanitary Force main LF 170 $26 $4,420 Relocate Water Main LF 160 $30 $4,800 Remove Bituminous Pavement SY 1060 $2 $2,120 Sawing Bituminous Pavement LF 970 $4 $3,880 Clearing and Grubbing LS 1 $13,000 $13,000 18" RCP Storm Sewer LF 120 $32 $3,840 24" Storm Sewer, 0'-35' Deep LF 2,870 $48 $137,760 24" RCP Jacking LF 220 $400 $88,000 Valve Manhole EA 1 $15,000 $15,000 5' Diameter Storm Sewer MH EA 1 $4,000 $4,000 4' Diameter Storm Sewer MH EA 8 $3,000 $24,000 Outlet Control Structure EA 1 $16,000 $16,000 24" RCP Flared End Section w/ Trash Guard EA 1 $1,800 $1,800 18" RCP Flared End Section w/ Trash Guard EA 1 $1,100 $1,100 Class 111 Random Riprap CY 40 $85 $3,400 Berm Installation Dam Safety Requirements LS 1 $65,000 $65,000 Common Excavation CY 250 $5 $1,250 Class 5 Aggregate Base TON 550 $16 $8,800 Bituminous Non-wear Course TON 250 $53 $13,250 Bituminous Wear Course TON 130 $55 $7,150 Bituminous for Tack Coat GAL 70 $3 $210 4" Solid Line, White Epoxy LF 1,100 $1 $1,100 Seeding AC 6 $2,200 $13,200 Silt Fence LF 6,500 $2.50 $16,250 Subtotal $495,370 +5% Contingencies $24,770 $520,140 +30% Indirect Costs $156,040 Total $676,180 K:149\4904128\Word\ReportsV)raft_Report\Report 4-16-071AppendixA for 2007 update.XLS 2 APPENDIX A PRELIMINARY COST ESTIMATE LEBANON HILLS TRUNK STORM SEWER OUTLET CITY PROJECT NO. 905R BRA FILE NO. 49-04128 Part 5 - Wetland 111 Improvements Item Unit Est. Qty Unit Price Est Cost Mobilization LS 1 $7,100 $7,100 Clearing and Grubbing LS 1 $5,000 $5,000 Pond Excavation CY 18000 $10 $180,000 Granular Borrow CY 2200 $19 $41,800 Silt Fence LF 200 $3 $500 Coconut Fiber Blanket SY 5,100 $1 $5,100 Native Seeding AC 1.1 $4,000 $4,240 Subtotal $243,740 +5% Contingencies $12,190 $255,930 +30%a Indirect Costs $76,780 Total $332,710 Part 6 - Marsh Lake Outlet BioSwale Item Unit Est Qty Unit Price Est Cost Mobilization LS 1 $2,500 $2,500 Clearing and Grubbing LS 1 $5,000 $5,000 12" Storm Sewer, 0'-10' Deep LF 530 $25 $13,250 4' Diameter Storm Sewer MH EA 3 $1,600 $4,800 Outlet Control Structure EA 1 $4,000 $4,000 12" RCP Flared End Section wl Trash Guard EA 1 $1,000 $1,000 Class III Random Riprap CY 10 $85 $850 Erosion Control Blanket, Category 3 SY 1,290 $5 $6,450 Native Seeding AC 0.3 $4,000 $1,080 Shrub Planting (Red Osier Dogwood) EA 50 $50 $2,500 Seeding AC 0.8 $2,200 $1,760 Silt fence LF 1,000 $2.50 $2,500 Subtotal $45,690 +5% Contingencies $2,280 $47,970 +30% Indirect Costs $14,390 Total $62,360 Part 1 - Existing Storm Drainage to Minnesota River $1,112,750 Part 2 - Increase Holland Lake LS $1,157,560 Part 3 - Pond LP-51 Improvements $49,800 Part 4 - McDonough Lake Outlet to Pond LP-51 $676,180 Part 5 - Wetland 121 Improvements $332,710 Part 6 - Marsh Lake Outlet BioSwale $62,360 Total "Core" Improvements $3,391,360 K:149\4904128\Word\Reports\Draft_Report\Report 4-16-07\AppendixA for 2007 update.XLS 3 APPENDIX A PRELIMINARY COST ESTIMATE LEBANON HILLS TRUNK STORM SEWER OUTLET CITY PROJECT NO. 905R BRA FILE NO. 49-04128 Additional Improvements Part 7 - Gun Club Lake Outlet and Pipe Item Unit Est. Qty Unit Price Est Cost Mobilization LS 1 $3,050 $3,050 Abandon 48" CMP LF 70 $10 $700 18" RCP Jacked LF 200 $400 $80,000 18" RCP Storm Sewer LF 60 $32 $1,920 18" RCP Flared End Section EA 2 $1,000 $2,000 4' Diameter Storm Sewer CBMH EA 1 $1,600 $1,600 Outlet Control Structure EA 1 $4,500 $4,500 Class III Random Riprap Cy 30 $85 $2,550 Pond Excavation Cy 300 $20 $6,000 Seeding AC 0.10 $2,200 $220 Seeding w/ Wood Fiber Blanket Sy 750 $2 $1,500 Silt Fence LF 300 $2.50 $750 Subtotal $104,790 +5% Contingencies $5,240 $110,030 +30% Indirect Costs $33,010 Total $143,040 Part 8 - Pond 40 Diversion to Jensen Lake Item Unit Est. Qty Unit Price Est. Cost Mobilization LS 1 $1,800 $1,800 Clearing and Grubbing LS 1 $3,000 $3,000 Bulkhead 21" RCP LS 1 $500 $500 Outlet Control Structure EA 2 $4,500 $9,000 12" RCP Storm Sewer LF 150 $25 $3,750 12" RCP Storm Sewer, Jacked LF 90 $200 $18,000 12" RCP Flared End Section EA 2 $900 $1,800 Class III Random Riprap Cy 20 $85 $1,700 Silt Fence LF 300 $2.50 $750 Excavation Cy 1800 $10 $18,000 Seeding AC 0.50 $2,200 $1,100 Subtotal $59,400 +5% Contingencies $2,970 $62,370 +30% Indirect Costs $18,710 Total $81,080 Pait 7 - Gun Club Lake Outlet and Pipe $143,040 Part 8 - Pond 40 Diversion to Jensen Lake $81,080 Total Additional Improvements $224,120 Total "Core" Improvements $3,391,360 Total Additional Improvements $224,120 TOTAL PROJECT COST $3,615,480 K.,\49\4904128\Word\Reports\Draft_Report\Report 4-16-07WppendixA for 2007 update.XLS 4 city of czagan Appendix B Preliminary Assessment Roll .o10^^ W W al rnQOUloornLe)c) QmwmanQQ er~~Qerl N oonmrn.n to no al o n li to ^v oo"R o^ rev oo o~Nm~rv tb V1 O N O Q W 1!1 00 Q of f n Q to lo Q n e!l n Ol M tD N tI'I Q M n ll•1 %fl Q rV 01 O c fV rV o n OI l0 to tO0 f m M N m r! ^ N N L!1 O N 00 O O n tp O tI"f M Q Q O Vl nN W ^ N C` n n oO OD n Q 0 O m Q Ot to Q N p d e!'1 e.ff Ol l0 O Q Q 01 N Ol N m ^ Ol Q M oo O Q Vl Ql - N - r- M ^ N ID M^^ N N^ H Q Q^ H tll H n Q to Q^ m N W^ O o1 vl n N N H H H H H^ H H H H ^ H H H^ H H H H H H^ H H H H~ N O H H H v. 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N O 2 c N b~.q y4 00 Ln N ~jO~ N v Q J w N M M C N H C u' GJ a~i E r Q 4 rv ° n t^ c. 1 N N Lq to W m O 0 0 0 N C N a` ~ 5 o O 4- ra J 4 N o, 3 C c C o n (C E o O ~ D N g a W a -Q aC w - o o H o o v O K C C O O of H Y., ~~YGG W N v V f0 j w w d f` m m co m co _ y D_ W 2` V mZaZZCZ t0 ' r 16 Q 76 a_ 15 z- Q x d U lJ Z Q 0000 V O o`m_ J J J J J cl- O wa.d Mn. va N 'D Z v m uj ca a rev co co of Q ~ F- 1,5 W f°- l7 o a~ J O Q N V'I Lo O O O M Q O V O 1~ h n Vl V'1 tll N (J ^ N M^ N N i0 C cn a ~ o 0 0 0 0 0 0 ~ E 0000000 •E 0 0 0 0 0 0 0 Y c.Z 0 0 0 0 0 0 0 ° V o C. 0 C. 0 0 0 i► city of Hagen Appendix C Technical Memos on Thomas Lake Inputs t~~ Bonestroo An derl Memo t~ Rosene ik & Associates Englneen L M'N.- Project Name: LHRP Outlet Feasibility Study Client: City of Eagan To: John Gorder File No: 49-04-128 From: Jason Swenson, Rich Brasch Date: May 5, 2004 Re: Outlet Effects on Thomas Lake Residents have expressed concern about the impact of the Lebanon Hills Outlet project on high water levels on Thomas Lake. As the proposed upgraded lift station pumps to Thomas Lake, these concerns are well founded. This memo discusses the impacts on Thomas Lake as a result of the proposed LHRP Outlet project and provides some background on why Thomas Lake behaves in the manner it does. Ultimately, the outlet from the LHRP outlet project is the lift station at pond LP-51, located just north of Holland Lake. The current lift station capacity is approximately 8 cubic feet per second (cfs). The capacity of this lift station is proposed to be increased approximately 50%, to 12 cfs. At first glance, it would seem logical that a 50% increase in the pumping rate from LP-51 would have an impact on high water levels at West Thomas Lake. However, one has to look at the total picture at West Thomas Lake to understand the reaction of the lake to a higher pumping rate. The peak inflow to West Thomas Lake is approximately 750 cfs in a 6.0", 24-hour, design storm. The current 8 cfs pumped inflow from LP-51 represents 1 % of the total peak inflow. At 12 cfs, it would represent approximately 1.6% of the peak inflow. Daring the July 2000 storm, the peak inflow was approximately 1685 cfs, while the outlflow from LP-51 remained at 8 cfs. This represents 0.5% of the peak inflow to West Thomas Lake during the July 2000 storm. The high water levels in the Lake are driven by peak inflow and the rapid inflows of local drainage, with a relatively rapid drawdown afterwards. This is a result of the high efficiency outlet that was constructed on West Thomas Lake. A relatively small increase in the depth of flow over the outlet is required to make a large difference in the outflow rate. As a result, the additional 4 cfs inflow proposed can be accommodated with less than an inch of additional depth at the outlet structure. Bonestroo, Rosene, Anderiik and Associates, Inc. www.bonestroo.com 0 St. Paul Office: 0 Milwaukee Office: 0 Rochester-Office: 0 Willmar Office: 0 St. Cloud Office: 0 Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7' Street NE 205 5th Street SW 3721 23r° Street S 888 East Belvidere Road SL Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56201 St. Cloud, MN 56301 Grayslake, IL 60030 Phone: 651-836-4600 Phone: 262-241-4466 Phone: 507-282-2100 Phone: 320-214-9557 Phone: 320-251-4553 Phone: 647-545-6774 Fax: 651-636-1311 Fax: 262-241-4901 Fax: S07-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 I~■ Bonestroc Andedik 6 Memo R7e Associates Associates 9"Ll SL Ar[h1W. The table below shows the projected high water levels in West Thomas Lake for various design events under existing conditions and the proposed conditions with the LHRP outlet in place. 6.0" SCS Type II 7.2" Snowmelt July 2000 Storm Event Design Existing Conditions 907.0 907.8 909.8 Proposed Conditions 907.1 908.0 909.8 The recorded high water level during the July 2000 storm event was. 909.8 feet. Elevations in each of the design storms investigated remain below the high water levels experienced during the July 2000 storm event. In addition, in the event of another July 2000 type storm, water levels are predicted to remain the same. The city is unaware of any homes that were flooded as a result of that high water level on West Thomas Lake. (Note: Homes on East Thomas Lake were affected, but East Thomas Lake has been disconnected from West Thomas Lake in a project constructed after the July 2000 event). To summarize, the peak water levels in Thomas Lake will remain similar to those experienced today, and will not increase in extreme events, such as the July 2000 storm. This occurs as a result of the peak in West Thomas Lake being generated by the peak inflows to the lake. LP-51 inflows represent approximately 1 % of the peak inflow during design storm events, and even less during extreme events. Thus, little to no impact in high water levels in West Thomas Lake is predicted. Please feel free to call either Rich Brasch at (651) 406-4783 or Jason Swenson at (651) 604-4867 with any questions on this matter. Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com ❑ St. Paul Office: ❑ Milwaukee Office: 0 Rochester Office: ❑ Willmar Office: ❑ St. Cloud Office: ❑ Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7'h Street NE 205 5th Street SW 3721 2P Street S 888 East Belvidere Road St Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56201 St. Cloud, MN 56301 Grayslake, IL 60030 Phone: 651-6364600 Phone: 262-241-4468 Phone: 507-282-2100 Phone? 320-214-9557 Phone: 320.251-4553 Phone: 847-548- 6774 Fax: 651-636-1311 Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 o Bonestro Memo a Rosene Anderlik 4 Associates Engineers L Arci"tetts Project Name: Long Acres / LHRP Outlet Feasibility Client: City of Eagan Study File No: 49-04-128 To: John Gorder Date: May 24, 2004 From: Jason Swenson, Rich Brasch Re: Response to Dick Starr's Questions on Thomas Lake This memo is offered as a response to the questions raised by Dick Starr, a resident living on Thomas Lake. His questions are shown in bold, in the order they were presented, with our answers following. At what lake level does water begin to flow out of the outlet? The normal water level where flow begins to flow out of Thomas Lake is elevation 904.2. This elevation is set at the weir outlet structure located on the west shore of Thomas Lake. What flow rates occur as the lake level rises? The table below shows the flow rates out of the outlet for various lake elevations. Lake Elevation Outflow cubic feet per second 904.2 0 905.2 19.5 906.2 21.5 907.2 23.4 908.2 25.1 909.2 26.7 As shown in the table, the outlet allows high flows very quickly with a small change in the water surface elevation at low elevations. Will these flow rates continue in the future without any intervention? Yes. The existing outlet structure is controlled by gravity only. There are no valves, gates, or pumps that must be turned on or off at any time. No changes are proposed to this outlet structure as a part of the Long Acres / LHRP Outlet project. Does the City have control mechanisms that control the outlet? As stated in the previous answer, there are no manually operated controls such as valves, gates, or pumps that are operated by the city at this location. The current "control" offered at this outlet is the actual outlet capacity of the existing outlet pipe and outlet structure. Bonestroo, Rosene, Anderilk and Associates, inc. www.bonestroo.com ❑ St. Paul Office: ❑ Milwaukee Office: ❑ Rochester Office: ❑ Willmar Office: ❑ St. Cloud Office: ❑ Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7i" Street NE 205 5th Street SW 3721 23'" Street S 888 East Belvidere Road SL Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56201 SL Cloud, MN 56301 Grayslake, IL 60030 Phone: 651-636-4600 Phone: 262-241-4466 Phone: 507-282-2100 Phone: 320-214-9557 Phone: 320-251-4553 Phone: 847-548-6774 Fax: 651-636-1311 Fax 262-241-4901 Fax: 507.282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 Bonestro, Anderlik I O ssoci Memo Associate odate Engln-s G Ard ifto If, in a future event, I see that water is not flowing out of the outlet, what should I do? Contact the City of Eagan Pubic Works and Engineering staff to inform them of the problem. Does disconnecting Thomas Lake from East Thomas Lake reduce the flows into Thomas Lake? Yes, the overall volume of water routed through Thomas Lake is decreased by disconnecting East Thomas Lake. The runoff from approximately 700 acres of drainage area (including the areas draining to Carlson Lake and pumped to East Thomas Lake) is now diverted around Thomas Lake. Will high water reconnect the two lakes? No, the structural pipe connection between the lakes has been blocked off and bulkheaded to prevent any flow between the two lakes. As noted, if Pilot Knob is overtopped, the lakes would be connected again. Are there records of the water levels in Thomas Lake for the period after the storm event? Or is the peak all that is known? We do not have a record of long term water levels in Thomas Lake, only the observed peak elevation after the rainfall event. Perhaps the city maintains a more extensive set of monitoring data, but we do not have a record of it. It seemed that at the time the City was holding water in Thomas Lake on purpose. As a relatively large waterbody with a piped outlet, Thomas Lake does at times hold back a large volume of water in order to not overwhelm storm water ponds further downstream in the system. The city was not manipulating the outlet in any manner to cause additional water to pond for a longer period of time than was designed into the outlet structure. The lake was simply responding to large volume of water that needed to work its way through the system over time. Please feel free to contact Jason Swenson at (651) 604-4867 or Rich Brasch at (651) 604-4783 with any questions you may have on this matter. Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonesfroo.com ❑ St. Paul Office: ❑ Milwaukee Office: ❑ Rochester Office: ❑ Willmar Office: 0 St Cloud Office: ❑ Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7'" Street NE 205 5th Street SW 3721 23n° Street S 888 East Belvidere Road St. Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56201 SL Cloud, MN 56301 Grayslake, IL 60030 Phone: 651-636-4600 Phone: 262-241-4468 Phone: 507-282-2100 Phone: 320-214-9557 Phone: 320-251-4553 Phone: 847-548- 6774 Fax: 651.636-1311 Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax 320-251-6252 Fax: 847-548-6979 1~ city of Cagan Figures rt'b b~ r i ME I.Mseffiff., PIK' rA tllll~~.Ru; E93Tt :~a•@r V his ; _ < ~ sera ~ ~ t . w ~ t 1 1,' z. ~M L ,s I ' Ft 6~i+ar s x ~ ~ ~ er_ ' V!S W.R b ' ~ ~i v pp b rJ.4~ ~ Cy x W ` - C E= °0 d co Yi1 }i m 0: c 0 13 NOommdd o j ~ 0 m C) V) o 19{si0~'~ i~ - 0-'C O O 7 na i;i ~e ~y d R o° e E N m° d~ ~1~6~ol~a c a 0 Y rn w a Y o~ ~~0.at`~nl ro also c Y 1c3s, s IL a;= 00 ~ d N R N ~~1 t ca mmma m m J N W 0 E •7 p a> 'Qp (02-0.00 f u Gk rlltii~ts v Y R 0 = p LL ® ® o 0 ap sky ~ C ~r m ® s ~ w ~ ~ .O L.i v C ~ c~ ~=~;3::;: ~ ~ - i ~ - O N ~ ~ o ~ _ ~ ~ v ® _ ® ~ U _ _ C ~ Y 0 ~ ~O C a~ ~ . . ~p~. . 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'I I!t~~'. 1 ? jE : ~ ~ 1 !1'I! 1;11 11',~t; 1:1~1';~~ I'.li;',li; G:lij; rill I t!?• t i ,!''I Ill` N", +Ii If r 1(,~ I: ; i , ~-'i~ luiil; lil'lil`l+ ?ill<<~~Il+ 'l l (~~I I. I I s EAGAN, MINNESOTA se P.W office 2335 WHLKgt wm ..a LONG ACRES OUTLET/LEBANON HILLS REGIONAL PARK W. P-t NN 1111] POND 40 ONERSION TO JENSEN LAKE Mme: bs)-e3s+bao CRY CONTRACT No. 01-X, CRY PROJECT No. 905R Bo eegrrm Fa.: 651-636-1]11 L~ - Z O O a t QWLU ° o z a vi viNruu ° O a w r ` O s w mam a .1 Fw. R ~ ~ n • e ci I • ~tv^ „tF ei 5w s I P • ~ ~ O• a 0 2 C ~ ~ t ~ is : i Q ~ e ~ o r• Y L ~ O i•• 4 uG r. N ti~z ~ C Q Z4d) A P 0 a 0 .9 0) a d Ion b ~ z• c ~ u m c E E p m n mmwft p o Q . d 0 a 0 c a o g s a k~s .si O co 115 z ~ ' o ~ rte. ~kl ` a i V p 0 S ~ t- '1 ~F n at as a o LL O oc N G`s o _j a , ~3 U a fl 6 _ IWO b d ~ o ~ V o d c c m L 8 a s as N m 0 ;E cz, X57 Q d d ~ 9 b s; o ~ ~ 4 c E o N g ° a w j MV/ o0 0 q o d a~i 0 M. 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C3 a s d Q c 9 p _c C► b O Q Q Q 0 g w _E o N Q Q a w r c7 10-1 r m p s F MF a$ c 00 R y 4 i i y 34 T t%- l AY f,> FAN ~my. §i d ~ o k. ~ rr4 Hill S'4r, - - cw r c o n y. $ ( r p .~-.y rr - C m d g ~ 41 N N ~ n W ~ Y 0 O d p ~ ~ c N c_ E N S co a w° ~ OB Z ~ O N ,tits ~ ~ ~ m o ENID a O ~ t `F e 0 p g ~ ~ p h i o` ~ a°. d O OW d', Z o Q ❑❑~e .tier O ~`U L;3 m o c CP o a w ° 3 ° I~ q o 11 1 T_ 1 0 L} b cz p p v Ep ba a Q d 12 ° O S o~ o CIS ~ ~ o as4 N p i ~ ~.m v f Q + 9 p y Q6 <01 s g it . 100 ~t r r ~4 111 11111 =01 ~F 4 fit. ti C r I FF ~ St J P F >Sr yam r G E g ~Y p~p C -zX: C ~ C N a w° 11~ MEETING NOTES PROJECT 905R LONG ACRES/LEBANON HILLS REGIONAL PARK DRAINAGE IMPROVEMENTS OPEN HOUSE APRIL 23,2007,4:30-7:00 P.M. LEBANON HILLS VISITORS CENTER (860 CLIFF ROAD) Attendance: Tom Colbert, Public Works Director; Russ Matthys, City Engineer; Mark Hanson and Chad Davison, Bonestroo; Steve Sullivan, Dakota County Parks Director; Jerry Engelke, Gun Club Lake Water Management Organization; 13 persons representing 11 properties. Presentation Information Bonestroo provided exhibits of the existing drainage area of McDonough Lake, the preliminary storm sewer improvements for Project 905R and the properties proposed to be assessed. Questions/Comments 1. Is Gun Club Pond currently connected to Marsh Lake? Yes. Improvements will address increased development draining into Gun Club Pond. 2. Drop Marsh Lake by 2 feet and you'll kill the lake. That is not acceptable. Dakota County Parks prioritized the lakes throughout Lebanon Hills Regional Park by evaluating environmental conditions, recreation suitability and the waterbodies ability to manage surface water and determined it would be beneficial to use Marsh Lake for stormwater management purposes. Some issues with flooding adjacent dwellings may be resolved with more recent development proposals. Staff will review design potential to raise proposed Normal Water Level. (Review indicated flood storage needs dictate the lowering of the NWL by 2 feet.) 3. Is Wetland 121 included in the drainage system since it has such good infiltration? Yes. Wetland 121 will be excavated slightly to enhance infiltration ability. The wetland is a significant infiltration resource reducing the pumping to Thomas Lake. It will receive limited discharges from McDonough Lake to protect Cliff Road from flooding. 4. How is water going to get to Lakewood Hills' ponds as it always has? Need to continue to provide some water, but limit excessive amounts with mechanical apparatus. Staff expressed concerns with the mechanical operation of a connection between Wetland 121 and the Lakewood Hills' ponds due to required manual action. Potential liability remains if operations don't result in desirable water levels. Conflict between proposed 24" pipe between McDonough Lake and lift station (Pond LP-51) and culvert under Cliff Road. Public easements required in Lakewood Hills' ponds. Staff to follow up with residents. 5. Is Rosemount contributing to funding? Yes. Multiple Joint Powers Agreement with Rosemount, Apple Valley, Dakota County Parks and Vermillion River Watershed Joint Powers Organization are to be approved to authorize contributions from said agencies. 6. What happens to Thomas Lake in storm with Project 905 proposals? Elevation impact is minimal. Lengthier period of drainage inflow. III 7. We won't see another storm like the July 2000 Super Storm in 100 years. This is unnecessary. We have had two occasions since the July 2000 Storm that the County Parks Department has had to pump water out of the park on an emergency basis to prevent flooding. This project has been delayed 20 years from its first proposal. With the continued development of the upstream drainage basin, including the County Park and Rosemount, it has now become necessary. 8. Why can't City wait to assess Trunk Storm Sewer to property owners at time of future development improvements? The current City policy stipulates that trunk area assessments are levied at the time of a benefiting public improvement or with land development, whichever occurs first. Staff also informed residents of opportunity to request City Council approve deferment of assessments. 9. What is the length of the assessment and its interest rate? The assessments would be spread over 15 years at an interest rate based on the bonds sold to finance the project. It is expected to be in the range of 4-5%. 10. Why are we included in this project when our property is outside the McDonough Lake drainage area (referring to the parcels located in Oak Pond Hills development on the north side of Cliff Road)? All parcels within this development that have not previously been assessed trunk area charges for past improvements are included. These parcels receive benefit because the flooding of Cliff Rd either directly threatens their property or hinders the access to their neighborhood/home. G: Projects & Contracts/905/905R/ LHRP Storm Outlet, NH Meeting minutes Agenda Information Memo May 1, 2007, Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. ➢ At the April 4 City Council meeting, a public hearing was scheduled for the May 1, 2007 City Council meeting. ➢ The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. ➢ The City currently has eight delinquent false alarm bills. The assessable amount of these bills is $2,180. These items are in order for certification to the County. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page 113 Delinquent False Alarm Bills Property ID Outstanding Dollar Amount 10-16705-080-04 $465.00 10-22472-092-02 $465.00 10-22503-241-02 $135.00 10-22405-010-01 $575.00 10-16951-010-01 $135.00 10-62725-005-02 $135.00 10-53320-072-00 $135.00 10-22531-040-02 $135.00 Total $2,180.00 ll~ Agenda Information Memo May 1, 2007, Eagan City Council Meeting C. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: A The City Code allows for collection through certification of delinquent weed cutting bills, which are not paid. ➢ At the April 4 City Council meeting, a public hearing was scheduled for the May 1, 2007 City Council meeting. A A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. A The City currently has seven delinquent weed cutting bills. The assessable amount of these bills is $1,024.40. These items are in order for certification to the County. A All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page. 115 Delinquent Weed Cutting Bills Property ID Outstanding Dollar Amount 10-48050-096-01 $221.66 10-76202-020-01 $116.22 10-76202-030-01 $116.22 10-63980-090-01 $195.29 10-44900-060-01 $89.85 10-17400-081-01 $142.58 10-72975-090-01 $142.58 Total $1,024.40 I 1 Y' Agenda Information Memo May 1, 2007 Eagan City Council Meeting PUBLIC HEARINGS D. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the Apri 14, 2007 City Council meeting, a public hearing was scheduled for the May 1, 2007 City Council meeting. • The City currently has approximately 552 utility bill accounts with delinquent payments. The assessable amount of these accounts is $111,064.54. These items are in order for certification to the County. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. 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M O Z I O O O O O O O O O O O O O U) I I N M M H H Lid r M CO r N co 0) F o o O O o 0 0 o O o o O o H Z I H d' u) M r m a ~D M m H r r Q i Ln OD o LO) N C O lzv N O M O kD O O 1 N O r H lzr d1 Ln m O O H H H a U I M d' 0 H H H H 14' H Ln OD O M W U 1 a W Lo LD r r r O co 4 1 N M M m M M m M N N N M M M M M {x Agenda Memo May 1, 2007 Regular City Council Meeting VI. ORGANIZATIONAL BUSINESS A. Advisory Commission Appointments ACTION TO BE CONSIDERED: Appoint members to the City Council's Advisory Commission, with terms beginning in May 2007 FACTS: • Per the Council's direction, Advisory Commissions appointments are made in April or early May of each year. • Advertising for the Commission vacancies takes place year-round, with an emphasis in recruitment from January - March. • There were 16 applicants this year. Of those 16 applicants, 13 were able to attend their scheduled interview with the City Council on April 24. • The City Council will be asked to vote via ballots to fill the vacancies for the various lengths of Commission terms - 3 years, 2 years, 1 year and 1 year alternate terms. • Mohammad Lodhi submitted a letter of resignation from the APrC on April 25, therefore his name has been deleted from the ballot. • Jennifer Dahlquist and Mark Filipi both indicated that they would be willing to serve on the Gun Club Lake WMO in addition to the preferences indicated on their applications. This will be reflected on the ballot. • Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. • The new Commissioners appointed on May 1 will be invited to participate in a new commission member orientation with their commission staff liaison. Orientation packets will also be provided to new Commissioners. The orientation is an opportunity for the Commissioners to learn about the role of the advisory commissioners, and it is also a chance for the new members to meet with their commission's staff liaison for more detailed information about the workings of their specific commission. • The City Council has copies of all the applications, which were included in the binder that was distributed prior to the applicant's interviews. • Rather than duplicating all of the applications, the Council is asked to bring their binders to the May 1 City Council meeting ATTACHMENTS: • Enclosed on page I O is a revised summary of applicants' commission preferences based on the preferences voiced during the interviews. • Enclosed on page is a copy of a sample ballot. 3 1 2007 ADVISORY COMMISSION APPLICANTS' PREFERENCES APC APrC ARC BETC WMO Carol Shattuck 1 4 3 2 James Casper 1 3 2 Maggie Jensen * 1 2 Peter Dugan * 1 Steven Chavez * 1 Kimberly Feller * 1 Chad Stambaugh 1 4 2 3 Matt Schultz 1 2 3 4 Mark Nowlin 1 2 Nelson Mark Fili i * (term up on APrQ 1 2 Steve Beseke * 2 1 Jeff Sluiter 1 Jennifer Dahl uist 2 1 3 Laurie Halverson * 1 Joseph Conlin * 1 *Incumbent on a City Advisory Commission ~v 1 -Year Terms Initial ADVISORY COMMISSION BALLOT NAME APC APrC ARC BETC WMO Carol Shattuck James Casper Maggie Jensen Peter Dugan Steven Chavez Kimberly Feller Chad Stambaugh Matt Schultz Mark Nowlin Nelson Mark Fili i Steve Beseke Jeff Sluiter Jennifer Dahl uist Laurie Halverson Joseph Conlon bold = incumbent Openings APC APrC ARC BECT WMO 3 - year terms 1 2 - year terms 2 1 1 1 - year terms 1 1- year alternate terms 1 1 1 1 1 Total # of openings 4 2 2 1 2 Agenda Information Memo May 1, 2007, Eagan City Council Meeting VIII. NEW BUSINESS A. CONDITIONAL USE PERMIT- CENTRAL IRRIGATION ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for the outdoor storage of PVC pipes and trucks for property located at 2797 Eagandale Boulevard, legally described as Lots 8 and 9, Block 3, Eagandale Center Industrial Park, in the NW 1/4 of Section 3, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum. FACTS: ➢ The applicant's proposal includes a Conditional Use Permit for outdoor storage of PVC pipes and trucks. ➢ The building and an addition were constructed in 1968. ➢ The addition was constructed over a property line resulting in a non-conforming structure. ➢ Outdoor storage is an approved use in the Industrial Zoning district. ➢ The proposed outdoor storage meets setback requirements. ➢ The proposed outdoor storage includes 3 storage areas for PVC pipes, poly pipe coil and company trucks. ➢ The applicant must replat the property into a single parcel. ➢ This item was heard as a Public Hearing before the Advisory Planning Commission on April 24, 2007. There was no public comment at the meeting. The APC recommended approval of the Conditional Use Permit. ISSUES: None 60 DAY STATUS: May 19, 2007 ATTACHMENTS (2): Draft April 24, 2007 APC Minutes on ages I Q3 through ' 44. Staff report on pages through 14-2- MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA April 24, 2007 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 24, 2007, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Keeley, Feller (arrived at 6:35 p.m.), Jensen, Heaney, Dugan, and Chavez. Also present were, City Planner Mike Ridley, Planner Sarah Schield, Planner Pam Dudziak, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille..Worley. AGENDA City Planner Ridley stated Item D will be tabled by the City Council pending Metropolitan Council review and Item E will be presented to the City Council on May 15 2007. Member Keeley moved, Member Chavez seconded a motion to adopt the Agenda as amended. A vote was taken. All voted in favor. Motion carried 6-0: March 27, 2007, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Heaney moved, Member Chavez seconded a motion to approve the March 27, 2007, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. lil. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Central Irrigation Applicant 'Name:Central Irrigation Location:2797 Eagandale Blvd; Lots 8 & 9, Block 3, Eagandale Center Industrial Park Application: Conditional Use Permit A Conditional Use Permit for outdoor storage. File Number: 03-CU-02-03-07 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated April 19, 2007. She noted the background and history. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. The applicant clarified he had no issues with the proposed conditions of approval. Member Dugan moved, Member Keeley seconded a motion to recommend approval of a Conditional Use Permit (CUP) for the outdoor storage of trucks and PVC pipes on property located at 2797 Eagandale Boulevard in the NW of Section 3 subject to the following i q3 conditions: 1. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall replat the parcels into one lot. 3. The storage area shall be maintained in an orderly fashion. 4. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan dated April 4, 2007. 5. The two temporary signs shall be removed. 6. Building signage shall comply with City sign ordinance requirements. 7. The applicant shall provide fence details acceptable to City staff to enclose and screen the outdoor storage areas. 8. The applicant shall provide adequate screening from the street with a 100% opaque fence. 9. The existing trailer shall be removed from the property as it- is'-- not included with the materials to be stored per the approved Site Plan. 10. The applicant shall surface the outdoor storage areas with bituminous pavement. 11. The applicant shall provide a Landscape Plari' for the front yard per current City Code requirements. 12. The rooftop mechanical equipment must meet screening requirements per City Code. 13. The applicant shall enclose the dumpster in a- trash enclosure that meets City Code requirements. - A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2007 CASE: 03-CU-02-03-07 APPLICANT: Central Irrigation HEARING DATE: April 24, 2007 PROPERTY OWNER: John Wiley APPLICATION DATE: March 21, 2007 REQUEST: Conditional Use Permit PREPARED BY: Sarah Schield LOCATION: 2797 Eagandale Boulevard COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REOUEST Allen Nagle, Central Irrigation, is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of trucks and PVC pipes, on property located at 2797 Eagandale Boulevard, legally described as Lots 8 and 9, Block 3, Eagandale Center Industrial Park, in the NW 1/4 of Section 3. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. I Planning Report - Conditional Use Permit (Central Irrigation) April 24, 2007 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. C. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. J~ Planning Report - Conditional Use Permit (Central Irrigation) April 24, 2007 Page 3 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUNDMISTORY Central Irrigation Supply Company is currently located at 2785 Pilot Knob Road. They are acquiring the subject property at 2797 Eagandale Boulevard to accommodate company growth. The building was constructed in 1968. Central Irrigation Supply Company warehouses and distributes irrigation supplies to landscape and related companies. They also propose sales administration and management offices at the property. EXISTING CONDITIONS The 2 acre site contains an existing 1 story building approximately 16,000 square feet in size. The building is located on two lots. City staff researched this issue and determined that an addition was allowed in 1968 over the property line. Therefore, the applicant must replat the property to rectify the non-conformity. Access to the site is provided from Eagandale Boulevard. The parking lot and drive aisle areas are surfaced with bituminous asphalt to the rear of the existing building. The property is currently utilized by Turf Supply Company, who offices, warehouses and distributes lawn fertilizer to golf course, landscape, lawn care, tree care and sports turf customers. The site was developed without any landscaping and current standards require 3% of building construction value to be devoted to landscaping. SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses. EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed use appears compatible with the surrounding properties and existing uses. Site Plan - Three outdoor storage areas are proposed north and west of the existing building. A 900 square foot area is proposed for PVC pipes. The pipes are stacked in pallets and stored six feet high. A second storage area proposed for poly pipe coils is 1,500 square feet. The coils are proposed to be stored seven feet high. The third storage area is proposed to be 1,575 square feet in size for the overnight parking of company trucks. The site plan does not identify parking stalls or drive aisles for these trucks. 4`7 Planning Report - Conditional Use Permit (Central Irrigation) April 24, 2007 Page 4 There is employee parking adjacent to and behind the west side of the building. There is no fence on the property and landscaping in this area consists of two deciduous trees located in front of the building adjacent to Eagandale Boulevard. According to the existing conditions plan, there are two signs located in the front yard. Both of these signs are temporary. One sign is for Turf Supply Company, and the other is for Central Irrigation. Both signs must be removed and Central Irrigation must apply for a sign permit and meet the sign ordinance requirements. Outdoor Storage - The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I--1) and general industrial (I--2) zoning districts, the enclosure may be detached from the principal building. The applicant has proposed the storage area to be enclosed by a fence but has not provided fence details. The fence visible from the street should be 100% opaque to provide maximum screening. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage of trucks and PVC pipes are proposed within the side and rear yards of the property. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I-1. There are two deciduous trees on the property, located in the front yard landscaped areas adjacent to the driveways. The storage area is somewhat screened from the public view by the building, however, a majority of the outside storage is visible from the driveway and parking lot openings and should be screened from Eagandale Boulevard. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The area of the site north and west of the building is used only for storage and vehicular movement. There is no pedestrian activity in this area. The survey identifies a trailer located in the proposed storage area. The applicant has clarified that this trailer is part of the former business and will be removed from the outdoor storage area. 5. The storage area shall not take up required parking spaces or landscaping areas. No landscaping or other vegetation is proposed to be removed to accommodate the proposed storage area. The overnight storage area of work vehicles will also assist in the accommodation of the required parking. Required parking areas are also located elsewhere on the site and according to the applicant they meet the needs of the business. I Ql~ Planning Report - Conditional Use Permit (Central Irrigation) April 24, 2007 Page 5 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant has proposed to surface the storage area with bituminous, which is an approved material per City Code. Setbacks - The City Code requires a 5-foot side and rear yard parking setback. Additionally, the City Code requires a 20-foot side and rear yard outdoor storage setback. It appears as though the all setbacks are met. LandscaninQ - There is no proposed landscaping. The proposed storage area is visually screened from the property to the north by many trees. There is limited visual screening on the south, west and east property lines, however screening from properties zoned I-1 is not required. As mentioned previously, the site is devoid of landscaping. The applicant should enhance the appearance of the property and a Landscape Plan should be submitted that provides plant material between the building and Eagandale Boulevard. Mechanical Equipment - The mechanical equipment is located on the roof of the building. City Code requires that all roof-mounted equipment shall not be visible from the ground level of any adjacent property or street that is of equal grade with the subject building. The applicant must provide screening of the mechanical equipment to meet City Code requirements. Trash Containers - The applicant has stated that the trash enclosure is located on the north part of the parking lot as noted on the plan. However, the trash enclosure is not located on the plan and a site visit showed that dumpsters are adjacent to the building and not in an enclosure. The enclosure must meet City Code requirements. SUMMARY/CONCLUSION Allen Nagle, Central Irrigation, is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of trucks and PVC pipes, on property located at 2797 Eagandale Boulevard, legally described as Lots 8 and 9, Block 3, Eagandale Center Industrial Park, in the NW %4 of Section 3. The proposed outdoor storage appears generally compatible with the 1-1 zoning and surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for the outdoor storage of trucks and PVC pipes on property located at 2797 Eagandale Boulevard in the NW 1/4 of Section 3. If approved, the following conditions should apply: 1. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. .149 Planning Report - Conditional Use Permit (Central Irrigation) April 24, 2007 Page 6 2. The applicant shall replat the parcels into one lot. 3. The storage area shall be maintained in an orderly fashion. 4. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan dated April 4, 2007. 5. The two temporary signs shall be removed. 6. Building signage shall comply with City sign ordinance requirements. 7. The applicant shall provide fence details acceptable to City staff to enclose and screen the outdoor storage areas. 8. The applicant shall provide adequate screening from the street with a 100% opaque fence. 9. The existing trailer shall be removed from the property as it is not included with the materials to be stored per the approved Site Plan. 10. The applicant shall surface the outdoor storage areas with bituminous pavement. 11. The applicant shall provide a Landscape Plan for the front yard per current City Code requirements. 12. The rooftop mechanical equipment must meet screening requirements per City Code. 13. The applicant shall enclose the dumpster in a trash enclosure that meets City Code requirements. 15D Eagan Boundary N Parcel Area Location Map Park Area - Building Footprint i ~ ~ r I ~41q 46 J ■ ♦ M o Sub set Site s Jig + ' . . . . r •t r 1. i [Loll B , • `I %Tr afte ■r ea. Men B / r ® ®I 1000 0 1000 2000 Feel Development/Developer. 2797 Eagandale Boulevard Application: Conditional Use Permit Case No.: 03-CU-02-03-07 Map Prepared using ERSI ArcVlew 11. Parcel base map data provided N by Dakota County Office of GIS and is current= of APrll 2005.5 15 City of EflpBIl 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 eewlepment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Central Irrigation Land Use Map Conditional Use Permit 03-CU-02-03-07 Zoning Map a ~ Location Current Zoning: T ro 1-1 Na r r Limited Industrial y~r 1 r b1 I-1 4, Y RD k Y 41 I 4T 41 41 V RD T OAF A "0 0 G00 ,200 F.at T -I 10 I_ Comprehensive Guide Plan Land Use Map 1 Ii}D w !S p IND I i v III Location A 1 t ~ Current Land Use Designation: 77- IND IND , IND r ic R IND a IND Industrial A ws Y Y IND INO IND ~N a La wgp.~wOF ~uI 0 RC 600 0 600 1200 FNt 1 f OI N ' O~~y pareN baaa map Information provk1ed by Dakob County Land aw-y Daparblant Docinbor 2005. . N Zoning information smlabinod by City Staff. City of Evan t E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S I '000r~ NVId 311S LOOT to 8dtl 03AI3338 .a , r i v g' x r I~ V I0 I L Vii' ~ ' ~j•~ / j!/ii/%///,c /.4 Y ~ ^j9N'/ 30YtglS 3~Itl x # / T < l - r-..________________.-_'t , n u c._q as 00INZ 3.00.WKN - - - - - •~_lJ`.l✓l A A' A A A A A l l J +~~I~~~J~ ~..1.A.LlJV~MAAJ~l S; V i > 'k I D n E ;P p-X( s g ewve'oot 20aoo +----=t--- ~~J L L ALL- C, -a cm 6t m . • . . . . . . . . . EEF I> ${ao"*?.0*o4•D ® I. 44 N' u v S T R 1 n L h I': as °~a F p3R tlp E FRa .a : 4l 11 oil i I a o _ 41. @l k. 56 ° a @ ill= ~ ~ Nil, a ~{E _ 4 F ~ ~a a E ~fE t W 3 HI ~ I I~ I LLJ @x~la i a ail cr_ aa~°~a~~t ESE d ~ ~ ' "~E e~a~ella# I ~a~ a ~ ~ a aa1 R xs~ t I R F E, IF EXISTING CONDITIONS 1 ~R PI$NEER~F la"13~a6tiw ALTA/ACSM Land Title Survey for. ° -by. XML ` '°a TURF SUPPLY COMPANY CE"T,AL IRRIGATION-SUPPLY RECEIVED APR 0 4 2W Date: 04/04/2007 Central Irrigation Supply 2797 Eagandale Blvd. Eagan, MN 55121 Phone: 651-681-9133 Fax: 651-681-9787 Sarah Schield Planner Re: Conditional Use Permit, 2797 Eagandale Boulevard, Eagan, Mn Dear: Sarah Schield The area we would like to use for outside storage is on the north side of the building. Our plan is to have an area 100ft x 60ft. We will be fencing this area off for security and laying down blacktop or concrete, depending on city requirements. The material we will be storing is PVC piping. This product comes in a variety of diameters in 20ft lengths. It is packaged in bundles approximately 3ft x 4ft. We will be storing as many as 30 bundles during the summer months to just a few during the winter months. The surrounding area is a block wall on the building to the East. To the North a tree line several yards away, then a parking lot, and to the West a loading area on the North side of a building. Al Nagle Central Irrigation Supply 1~ C E IVT A L fE- r IRRIGATION SUPPLY SITE LAYOUT • Minimum building setback lines. See attached plan • Proposed buildings and structures. There are no new proposed buildings or structures. • Adjacent and on-site streets. Eagandale Blvd runs in front of building southeast. • On-site easements. See attached plan. • Parking areas. 2,528 square feet, 13 spaces with room for additional spaces. • Sidewalks. Front entrance of building. Sidewalk is 4 feet wide and made out of concert. • Signage. Front of building 20 feet from street. • Fence and retaining walls. None on site. • Garbage. Back north part of parking lot. Noted on plan. Size 6'wide x 4'deep x6' high. • Exterior air-conditioning, heating and electrical equipment. Located on top of roof. RECEIVED PEAR 2 12007 Agenda Information Memo May 1, 2007, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - USA CREDIT UNION ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow additional building signage for a tenant name on the existing office building at 1519 Central Parkway, legally described as Lot 1, Block 1, Yankee Doodle Professional Building, located in the SE '/a of Section 9, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The site was platted in 2003 as part of a 3.5 acre development. ➢ In 2005, a Planned Development was approved consisting of a two-story office building and two-freestanding restaurants. ➢ In 2006, a subdivision was approved to further split Lot 1, Block 2, Eagan Preserve and create Lots 1 and 2, Block 1, Yankee Doodle Professional building. ➢ The Planned Development Agreement limited building signage to the building name and address only. ➢ There is no existing wall signage on the building. ➢ There is one monument sign located off of Central Parkway that allows tenant panels. ➢ The proposed building signage consists of a tenant name and the words "Serving Your Community" which is not part of the banks trademark and therefore is not allowed per the sign code. ➢ The proposed sign area does meet the sign code. ➢ The proposed tenant, USA Credit Union, would occupy 2,441 sq. ft. of the 25,000 sq. ft. building. ➢ This item was heard as a Public Hearing before the Advisory Planning Commission on April 24, 2007. There was no public comment at the meeting. The APC recommended denial of the Conditional Use Permit based on the prior Planned Development Approval which specifically stated only building name and address wall signage be allowed. ISSUES: ➢ The Commission stated they did not support the request because it was in conflict with the Planned Development Agreement between the property owner and the City in 2005 and the modification would set a precedent that would send the wrong message as it relates to negotiating Planned Developments. 60 DAY STATUS: May 19, 2007 ATTACHMENTS (2): Draft April 24, 2007 APC Minutes on -~~ages through. Staff report on pages JbQ through j 151 B. Yankee Doodle Professional Building Applicant Name:USA Credit Union Location:1519 Central Parkway; Lot, 1, Block 1, Yankee Doodle Professional Building Application: Planned Development Amendment A Planned Development Amendment to allow building signage. File Number: 09-PA-06-03-07 Planner Schield introduced this item and highlighted the information:presented in the City Staff report dated April 18, 2007. She noted the background and history. Bruce Hermanson explained USA Credit Union's need for expansion and stated the proposal would satisfy the employees of the Credit Union and their families. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the_ pub1i-c hearing and turned the discussion back to the Commission. Chair Hansen discussed the history of theItein and the issue of signage. He stated at the time of the original approval, it was a specific desire of the City to keep the signage conservative. Alex Young, owner of the building stated hardship in'leasing_ the building and explained that the signage is needed for USA Credit Union. He stated they are not asking for more than the 20% signage which is allowed per City Code. Member Chavez stated the request before the APC would alter exactly what was discussed eighteen months ago with the original development:proposal and that he could not support the request.: Member-Heaney asked-for confirmation that the proposal would still be less than the City Code allowed"20%. There was discussionon`previous applications and the precedent that would be set by approving the proposal: Member Chavez stated the issue was not the 20% allowable signage but rather the quantity of tenant identification and the original deal struck in 2005. Member Keeley stated the discussion and the outcome in 2005 is very clear. Member Dugan stated that approving a request that is contrary to the original approval would set a terrible precedent. Alex Young offered to reduce the allotted percentage of building signage from 20% to 10%. Member Chavez stated his belief that the previously approved application should be honored. Member Keeley stated that the issue is not the percentage of signage but rather the original agreement and that she agreed with Members Chavez and Dugan and shared their concern for I the precedence that would be set. Member Heaney moved, Member Jensen seconded a motion to recommend approval of a Planned Development Amendment to allow additional building signage for a tenant name on the building located at 1519 Central Parkway, legally described as Lot 1, Block 1, Yankee Doodle Professional Building, in the SE 1/4 of Section 9 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The building signs shall be located and constructed as shown. on the Sign Plan sheet received April 4, 2007. 3. No additional tenant wall signage shall be allowed. 4. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited. A vote was taken. All voted against. Motion failed: 0-7:- Member Heaney moved, Member Keeley secondeda.motion tiojecommend denialQf a Planned Development Amendment to allow acfditional_building signage for a tenant name on the building located at 1519 Central Parkway, legally described'as Lot 1, Block 1 Yankee Doodle Professional Building, in the SE 1/4 of Section 9 because the previously approved application should be honored and there is no reason to change the amount of allowable signage at this time. A vote was taken. All voted in favor. Motion carried: 7-0: Member Heaney stated reasons for denial are the proposal is-yin conflict with the original 2005 agreement and the precedent'that would be set relative to negotiated Planned Developments. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2007 CASE: 09-PA-06-03-07 APPLICANT: USA Credit Union HEARING DATE: April 24, 2007 PROPERTY OWNER: Yankee Doodle Professional Building APPLICATION DATE: March 21, 2007 REQUEST: Planned Development Amendment PREPARED BY: Sarah Schield LOCATION: 1519 Central Parkway (NW corner of Yankee Doodle Rd. and Central Pkwy.) COMPREHENSIVE PLAN: SA-O/S, Special Area - Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST Tom Alter, on behalf of USA Credit Union, is requesting approval of a Planned Development Amendment to allow additional building signage for a tenant name on the building located at 1519 Central Parkway, legally described as Lot 1, Block 1, Yankee Doodle Professional Building, in the SE 1/4 of Section 9. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. I `~v Planning Report - Planned Development Amendment (USA Credit Union) April 24, 2007 Page 2 BACKGROUNWHISTORY This site was platted in 2003 as part of a 3.5 acre development. In 2005, a Planned Development consisting of a two-story office building and two free-standing restaurants was approved. In 2006, a subdivision was approved to split Lot 1, Block 2, Eagan Preserve and create Lots 1 and 2, Block 1, Yankee Doodle Professional Building. The 2005 Planned Development Approval was negotiated to allow only building name and address wall signage for this office building. The Advisory Planning Commission and City Council specifically discussed (and approved) that tenant signage would only be allowed on the monument sign. EXISTING CONDITIONS Lot 1, Block 1, Yankee Doodle Professional Building consists of a two-story 25,088 square foot, office building. Access to the site is available from Quarry Road to the north. There are no existing building signs. There is one existing monument sign located off of Central Parkway. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Argosy University RD, Research and SA, Special Area Development South Townhomes (Surrey R-4, Multiple HD, High Density Heights Residential Residential East Lockheed Martin RD, Research and SA, Special Area Development West Vacant A, Agriculture SA, Special Area EVALUATION OF REQUEST Proposal - The applicant, USA Credit Union, is proposing to construct halo - lit wall signage on the new office building at 1519 Central Parkway. USA Credit Union is a tenant in the office building at the Yankee Doodle Professional Building development. Specifically, this request is to allow a second building sign on the south side of the building. I Planning Report - Planned Development Amendment (USA Credit Union) April 24, 2007 Page 3 Code Requirements - The following signage requirements were approved with the Planned Development: 1. One monument sign shall be permitted for each restaurant; and one monument sign for the office building. The monument signs area subject to compliance with the City's sign ordinance. The monument signs shall have a base constructed of materials to match the principal building it serves. 2. There shall be no pylon signs within this development. Any future proposals for a pylon sign will require a Planned Development Amendment and will be subject to compliance with the City's sign ordinance. 3. Building signage shall comply with City sign ordinance requirements and be limited to the building name and address only. 4. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as' to avoid the appearance of this building as a retail center. Sign Area - The maximum sign area for a wall sign is limited to 20 percent of the gross area of a side of which the sign is located. The proposed building signage for the USA Credit Union appears to meet the ordinance requirements. Evaluation - The proposal for wall signage appears to meet ordinance requirements, except that the words "Serving Your Community" is not part of the trademark for USA Credit Union, and therefore is not allowed per the sign code. The proposed elevations identify the sign to be a can sign, however the applicant has stated they would have all signs be halo - lit to provide uniformity. SUMMARY/CONCLUSION The proposed amendment is inconsistent with the Planned Development that was negotiated and approved a year and a half ago. The Planned Development approval prohibited tenant signage on the building but did allow building name and street address signage on the building. The proposed amendment would allow the wall signage to consist of a building named after a major tenant, who is unknown, and a second building sign for USA Credit Union. The USA Credit Union sign consists of more than the company trademark which is not allowed per City Code. City policy makers will need to determine whether a second building sign should be allowed for another building tenant. I Planning Report - Planned Development Amendment (USA Credit Union) April 24, 2007 Page 4 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow additional building signage for a tenant name on the building located at 1519 Central Parkway, legally described as Lot 1, Block 1, Yankee Doodle. Professional Building, in the SE 1/4 of Section 9. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The building signs shall be located and constructed as shown on the Sign Plan sheet received April 4, 2007. 3. No additional tenant wall signage shall be allowed. 4. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited. Eagan Boundary A" Parcel Area Location Map Park Area _ Building Footprint NO as 0 Bill, NIP 4 WrWol aa. r L 6 G .5 • w. 34 swain I one 711 1 Sub act Site 1~. D • D FIA Igo m z ' v women le f, 40 IF a ILP $ . s :Lx'7 i MEN • _ s • 191 NOV, Bar T;71 PRIW-1, 1000 0 1000 2000 Feel WEEMEW" Development/Developer. 1519 Central Parkway Application: Planned Development Amendment Case No.: 09-PA-06-03-07 Map Prepared using ERSI ArOnew 5.1. Parcel bass map data provided N My (j by Dakota County Office of GIS and Is Qmnt as of April 2tID5. 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 Cemmunky D.v.lepm.M D.partm.nt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan USA Credit Union Land Use Map Planned Development Amendment 09-PA-06-03-07 e r Zoning Map r as FTTT1 Re Ro R-1 Rs Current Zoning: ® on p F ® . RJ PD R s PD Planned Development RD Location LS mm Ito R~ w ro I R.0 W A f Ri &V ro D ro ro ro R4 VD M 000 0 000 ,500 Foot ro -Comprehensive Guide Plan if ~ Is n~ Land Use Ma 'N p aA X0 xD UN uD MD aA li*+DW SA SA @ Current Land Use Designation: ESA LD W Location SA-O/S no y Special Area/ Office - Service [0111 SA W sw on xD DIP sA I LLJ Era %8 IV x / SA SO D 000 0 000 7200 f0gt m®...$Aa ZprovldN Dy Dakota County tby Dapsttmant McmAer 2005. 1 ♦ r~ N ►atcal Wsa trop Informatl anfng Infotntatloa MlntalnaA by City ity Staff. City of EataIl 1 W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S I NVId ~111S msssM ^rtao3n3n¢w>er+iol sw Sum WUUSAWNIWrMcl ~ su}iaau}au3 ,X - ,•n••o lvtoaWWO3 dSW cl~ ..u? 000 i.. ,la®•aio ao1 solo ;to OJ v ;nu.i.uewunm uw W .u.u~w Y1053WmYtrav3•sxacaiw,YxooaawYOYa aiaou CCC CCC qq CCtCC E•. CG. e 7 q i 5 e~ i i 5 eIf 5 g> > i i .i • O a a' 3 aaa 1411% a S E~ a^ a a" a aaa aA. a d; X-9 8-8 aaa la. w•o• a _ . R . .r.. LLJ E E$ R y 1 E 4~ E E - -1 Ec I€ 'fill I i E 6 E € 6801 c 1111! B 1 15 - - - - - - - - - - - - - - - - - - - - - - - (OVOb 310000 33)INVAU - - - --i - - - - - ----------------8Z 'ON'H'V'S'7 -i---- I - I n • \ a \ ~ U I \ s 10 s ~a • N ¢ \ ' I o°l. fill i E~ • o~ 1J IH I I adom AaaVno 7 :''-w•, ~w,twy,.d~p- ~Cgg,~r,.:.:rn6f}.v~.z,'~ _ RECEIVED MAR 2 ~ 2007 _ s Ik• ak Y ~ 4 K 7x~.A 3 A A irk 1 F~ is 4A .X I { 5 y~y ,A fir. ri' 67-74 ".AY d~ r h 'n• 14 gA. Via <~f7 DROP-` Wo, P k'lm t iv I ^r~^ r 4, 4 j 4a 7, h :,4. g y- w , -fir?... I t ~ t r ~ I v ate. t r, x r- s IL ' m m U O N O CID F CD d c•.- r o co 2 } Y ® Z I i^~-mzm ,m ~ Q 11 Q~ w i II r _ v~ _i w G ---U LJJ ; Y I s: ' II ^1 r .I I U.1 `i o ~I W Z I; 7 w III s DZ m o U U r U7 N J Z LL, OL V G w II I I W w z O< u< m 3 i t ~ I i 1. ° V.w °w w tD - - Q c Q m o I c4C~o(2, zwJ il''.I Jo J~ O~ww Jo~m ~..r ~ J J U U 11 r V' r ~ cli t6 466 r C6 6 c r I W City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 20 F. Eagan Preserve Applicant Name: MSP Commercial Location: Lot 2, block 1, Eagan Preserve, Dakota County, MN Application: Rezoning A Rezoning of 3.69 acres to Research and Development (RD) to Planned Development (PD). File Number: 09-RZ-03-07-05 Application: Preliminary Planned Development A Preliminary Planned Development to create 3 buildings for office use and 2 restaurants. File Number: 09-PD-03-07-05 Application: Final Planned Development A Final Planned Development to create one building for office use. File Number: 09-FD-11-07-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 19, 2005. She noted the background and history. Alex Young Vice President of Development, MSP Commercial thanked staff for their help with the project. He indicated that the proposed office building would be MSP's new headquarters office; they plan to relocate from St. Paul. He stated the building has four different sign areas, with up to two signs each. He stated the 60% brick exterior requirement has been exceeded. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated her concern with individual wall signage for tenants of the office building and explained that the Manley development was approved with individual signs because it was condo ownership with individual entrances; which is different than this proposal, therefore she is not in favor of individual tenant signs. Member Gladhill stated opposition to individual signage as well. Member Chavez asked the applicant to discuss the public benefits of the Planned Development. Mr. Young responded that the proposal exceeds exterior material standards, provides the opportunity for connection to the future Paster retail development to the west, will allow two sit-down restaurants to be added to the pedestrian friendly area and will provide a transition point between the office park, future retail and community center. Member Bendt stated the City needs to be prudent with signage in this quadrant of the Central Area and that the proposed tenant wall signage is not consistent with the offices in the immediate area. Member Matthees stated she is in favor of individual tenant signs as proposed. Member Keeley stated agreement with Member Matthees, provided it is limited. 7 Ian City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 21 V, Member Bendt suggested all signage in the development should be understated to maintain consistency in the area. Member Chavez stated he will not vote in favor because he is not swayed that the proposal justifies the Planned Development zoning. Member Dugan moved, Member Heyl seconded a motion to recommend approval of a Rezoning of 3.5 acres from RD, Research and Development to PD, Planned Development for Lot 1, Block 2, Eagan Preserve in the SE % of Section 9. A vote was taken. Aye: Chair Heyl, Members Dugan, Hansen, and Matthees. Nay: Members Bendt, Chavez, and Gladhill. Motion carried 4-3. Member Dugan moved, Member Heyl seconded a motion to recommend approval of a Preliminary Planned Development to allow one office/medical building and two restaurant buildings for property located on Lot 1, Block 2, Eagan Preserve in the SE of Section 9 subject to the following conditions as amended: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. The two restaurant buildings shall be limited to 45 feet or less in height. 6. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 7. Each restaurant shall comply with City Code requirements for parking. The restaurant capacity and parking will be reviewed for compliance with City Code requirements at the time of Final PD approval. 8. The design and exterior materials of all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. 9. The proposed office building shall include a greater amount of brick exterior in place of EIFS. The revised elevation shall be submitted for incorporation into the Final PD Agreement. All buildings shall have at least 60% of each building facade finished with brick, stone, or glass as primary materials. 10. One monument sign shall be permitted for each restaurant; and one monument sign for the office building. The monument signs area subject compliance with the ~ 11 Eagan City Council Meeting Minutes September 6, 2005 Page 6 7. The electronic display shall be used for price information only and shall not blink or flash or contain a moving message. 8. The two existing free-standing sings must be removed. REZONING, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT MSP COMMERCIAL City Administrator Hedges introduced this item regarding a rezoning of 3.5 acres from RD, Research and Development to PD, Planned Development; a Preliminary Planned Development to allow one office/medical building and two restaurant buildings; and a Final Planned Development for the proposed office / medical use for Lot 1, Block 2, Eagan Preserve. City Planner Ridley gave a staff report. Alex Young, MSP Commercial, discussed the background of MSP Commercial and use of the proposed building. He also discussed the proposed signage. Councilmember Carlson discussed the 4`s of July activities that would take place in the area, inquiring if MSP Commercial would be willing to work with the City in regard to parking for the related events. Mr. Young indicated that his company would be willing to cooperate with the City during the 4'b of July festivities. Councilmember Carlson stated that she prefers only Class I restaurants be recruited for the site. Mr. Young stated only full-service, sit down restaurants are being considered. Councilmembers discussed the proposed signage and parking for the site. Councilmember Carlson stated her preference for building signage being limited to street/address and building name. Mayor Geagan and member Fields agreed. Councilmember Maguire explained his preference for limited building signage as discussed and a monument sign with tenant panels. The Council agreed. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of 3.5 acres from RD, Research and Development to PD, Planned Development for Lot 1, Block 2, Eagan Preserve in the SE of Section 9. Ay: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development to allow one office / medical building and two Class I restaurants (with full service liquor) for property located on Lot 1, Block 2, Eagan Preserve in the SE '/4 of Section 9, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast comer of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. The two restaurant buildings shall be limited to 45 feet or less in height. 6. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 7. Each restaurant shall comply with City Code requirements for parking. The restaurant capacity and parking will be reviewed for compliance with City Code requirements at the time of Final PD approval. 9 /7~ Eagan City Council Meeting Minutes September 6, 2005 Page 7 8. The design and exterior materials of all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. 9. The proposed office building shall include a greater amount of brick exterior in place of EIFS. The revised elevation shall be submitted for incorporation into the Final PD Agreement. All buildings shall have at least 60% of each building fagade finished with brick, stone, or glass as primary materials. 10. One monument sign shall be permitted for each restaurant; and one monument sign for the office building. The monument signs area subject to compliance with the City's sign ordinance. The monument signs shall have a base constructed of materials to match the principal building it serves. 11. There shall be no pylon signs within this development. Any future proposals for a pylon sign will require a Planned Development Amendment and will be subject to compliance with the City's sign ordinance. 12 Building signage shall comply with City sign ordinance requirements and be limited to the building name and address only. 4 13. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. 14. All mechanical equipment shall be screened from views from off the property. 15. The developer agrees to work with the City in regard to parking for the 4a' of July festivities. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for the proposed office / medical use for Lot 1, Block 2, Eagan Preserve in the SE '/4 of Section 9, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Preliminary and Final Planned Development agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City prior to construction of the building. The following exhibits are necessary for the Final Planned Development Agreement • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide a landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast comer of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 6. The design and exterior materials of 'all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. 7. The proposed office building shall include a greater amount of brick exterior in place of EIFS to achieve 60% of each facade comprised of brick, stone or glass. The revised elevation shall be submitted for incorporation into the Final PD Agreement. 8. One monument with tenant panels is permitted for the office building. 9. Building signage shall comply with City sign ordinance requirements and shall be limited to the building name and address only. 10. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. 11. All mechanical equipment shall be screened from views from off the property. 12. The developer agrees to work with the City in regard to parking for the 4's of July festivities. /D /7~ April 4, 2007 RECEIVED APR 0 4 AV Sarah Schield Planner City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: Planned Development Amendment 1519 Central Parkway, Eagan, MN Dear Ms. Schield: We are requesting an amendment to the Planned Development for the building at 1519 Central Parkway. The office building at this address is located on the north end of the property, (see attached site plan) and the current land use for this property is strictly as an office building. As for the neighboring land, the uses encompass a broad spectrum of developments. The property directly to the west is currently used as farm land (Agriculture). To the north of our site is Argosy Education Center; to the east of the property is an office park (Both Research and Development). Lastly, south east of our site there are numerous existing retail centers (Planned Development). USA Credit Union requests this amendment to install on building signage at the Yankee Doodle Professional Building; 1519 Central Parkway, Eagan, MN 55121. It is our understanding that the current signage allowed for this building is restricted to the name of a single company and that the building owner is reserving this signage for the primary tenant in the building. The building owner and USA Credit Union have executed a letter of intent to lease first floor space to USA Credit Union, a Michigan state-chartered credit union operating in the state of Minnesota. Both parties request that an amendment to the signage code be allowed to add a second sign to the south facing building elevation. USA Credit Union was originally chartered in 1953. We have served the employees of Unisys Corporation (formerly Burroughs) since that time. We currently serve over 3,500 member households in the greater Minneapolis/St. Paul region and operate an office in Roseville, Minnesota that primarily serves employees of Unisys Corporation. Representatives from the Roseville office also serve credit union members of the Unisys and Lockheed-Martin offices in Eagan. We wish to open a branch office at the Yankee Doodle Professional Building in Eagan because: • It is in close proximity to the Unisys and Lockheed-Martin offices in Eagan which will allow to better serve our existing members and to add new members from these companies. • USA Credit Union received regulatory authority to expand its membership eligibility to include all individuals who live, work or worship in Dakota and Ramsey Counties in the state of Minnesota. The location of the Yankee Doodle Professional Building will provide consumers in the community with a convenient and economical financial services alternative. As a financial institution open to members of the community, adequate signage is very important and crucial to raise awareness of our branch location to current and potential members. Signage is a monumental attribute to any location of a Credit Union. We are certain that the signage )1 currently allowed by code will not be sufficient. We are asking for an amendment to the Planned Development to install signage that will be tasteful, professional and within the spirit of the signage code. USA Credit's occupancy is pursuant to this proposed variance. USA Credit Union is looking forward to expanding our presence and service to the Eagan community. USA Credit Union will provide a valuable financial service alternative to those who work and live in Eagan and surrounding communities. Upon amendment approval, USA Credit will sign a lease document and proceed forward with space planning. The proposed amendment to the Planned Development would have little or no impact on the surrounding properties and uses. What this amendment is proposing is not to exceed what is currently permissible in regards to the signage coverage, but merely allow two names on the south facing elevation which will fully comply with city code requirements. The coverage of the USA Credit sign and the future building name would be well within the current guidelines of the existing Planned Development, 10% coverage per elevation, up to two elevations. The east facing elevation would have only the future building name shown. The future building name is shown as two words, due to where the column line is built on the south elevation, this sign is only one name. The proposed Planned Development amendment has no impact on City services, including but not limited to sewer, water, stone water run off and the nearby road ways. Thank you for your time in reviewing this proposal and the attached materials. Please let us know if you need any further information. Sincerely, Tom Alter Executive Vice President USA Credit Union PO Box 7092 Troy, MI 48007-7092 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 1, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Extension of Occupancy Agreement for Minsk Market at 3992 Sibley Memorial Highway to September 1, 2007 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION - The EDA will recess to an executive session to discuss possible acquisition of the Mediterannean Cruise properly at 3945 Sibley Memorial Highway. The EDA meeting will adjourn at the close of that discussion. I ~ 6~7 Agenda Information Memo Eagan Economic Development Authority Meeting May 1, 2007 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 4, 2007 EDA meeting as presented or modified. ATTACIU14ENTS: • Minutes of the April 4, 2007 EDA meeting on pages' MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 4, 2007 A meeting of the Eagan Economic Development Authority was held on Wednesday, April 4, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley, Commissioner Carlson, and Commissioner Bakken. 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 Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the minutes of the March 20, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS There was no old business. NEW BUSINESS THOMSON EXPANSION PROJECT - REQUEST THAT COUNCIL CALL FOR A PUBLIC HEARING ON PROPOSED TAX INCREMENT FINANCING DISTRICT Community Development Director Hohenstein discussed the potential expansion of the Thomson-West's Eagan Campus and their request for consideration of a tax increment financing district to provide local public financing assistance for the project. Commissioner Carlson moved, Commissioner Bakken seconded a motion to approve a resolution requesting that the City Council call for a Public Hearing on the proposed establishment of a Project Plan and Economic Development Tax Increment Financing District for the potential expansion of the Thomson-West's Eagan Campus. Aye: 5 Nay: 0 178) CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR KELLY PLOURDE PROPERTY AT 3935 CEDARVIEW DRIVE Community Development Director Hohenstein discussed the proposed purchase agreement for the Kelly Plourde property at 3935 Cedarview Drive. Commissioner Tilley moved, Commissioner Bakken seconded a motion to adopt a resolution to approve a Purchase Agreement and related documents for the Kelly Plourde property, 3935 Cedarvale Drive. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Tilley moved, Commissioner Bakken seconded a motion to adjourn the meeting at 8:50 p.m. Date Thomas Hedges, Executive Director I Agenda Memo Eagan Economic Development Authority Meeting May 1, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - EXTENSION OF OCCUPANCY AGREEMENT, MINSK MARKET ACTION TO BE CONSIDERED: To adopt a resolution to extend the occupancy agreement for Minsk Market, 3992 Sibley Memorial Highway to September 1, 2007. FACTS: • As part of the planned redevelopment of the Cedar Grove Redevelopment Core Area, the City purchased the property Nikolay and Natalia Brutsky property at 3932 Sibley Memorial Highway in May 2006. • At the time of the purchase, the City entered into an occupancy agreement in which the City would lease the property to the Artur Chayka, doing business as the Minsk Market for one year to permit the business to locate a relocation site. The current agreement ran through April 30, 2007. • Mr. Chayka has identified and signed a letter of intent to relocate the business to the Cedarvale Business Center at 3920 Cedar Grove Parkway, but the property will not be available to the business until July 1, 2007 and Mr. Chayka anticipates a 60 day build out period. As a consequence, he has requested an extension of the lease under its current terms through September 1, 2007. • The City's policy is to require tenants who remain in acquired properties to continue to pay market rents to the City while searching for relocation sites. • The City's relocation consultant has advised that Minsk Market's continued occupancy of the site will facilitate their relocation later this year. ATTACHMENTS: • Wilson Development memo on page 1:51 • Area map on page 2- • Resolutions on pageM K~D 9524484676 04/23/2007 11:19 9524484676 WILSON DEVELOPMENT PAGE 01 OFFICE 952.448.4630 800.448,4630 FAX 952.448.4675 WILSONDEV510GAOL. COM f 510 N. CHESTNUT STREET, A.L ON SUITE 200 DEVELOPMENT SERVICES CHASKA, MINNESOTA 55318 Date: April 23, 2007 Page 1 of 6 To: Jon Hohenstein 952-432-3780 Bob Bauer 651-675-5694 Re: Minsk Market Replacement Site Update Time Extension Request I spoke with Artur this morning relative to the above. He faxed me the attached letter of intent for the property at 3920-3922 Cedar Grove Parkway, Eagan. The occupancy date is not definite. It is dependent upon the tenant at 3920 being relocated. They estimate that to be by June 15th or July 1, 2007. The letter of intent provides Artur 60 days to complete the tenant build out. Please consider_this Artur's request for an extension of his lease until September 1, 2007. He hopes to be in the site sooner. 1~~ 1/ I U I 0 D v Q Sllver.6ell:Rd T- eedar Grove Redevelopment Area . asp' 0C'a Subject Site ~G~°J•P~ O ~ ~ v 1 ® 1 IW i9 IW Z ~III~III ~ 0 325 650 1,300 eet ~cRV of a~ogan _ Cedar Grove Redevelopment Area 3992 Sibley Memorial Hwy EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING EXTENSION OF THE OCCUPANCY AGREEMENT, MINSK MARKET BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve an extension of the Occupancy Agreement for Minsk Market, 3932 Sibley Memorial Highway to September 1, 2007 and authorize the EDA President and Executive Director to execute the related agreements. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION 1, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 0 day of May, 2007. Jon Hohenstein, Secretary/Deputy Executive Director 1r1172 CITY OF EAGAN RESOLUTION APPROVING EXTENSION OF THE OCCUPANCY AGREEMENT, MINSK MARKET BE IT RESOLVED by the Eagan City Council to approve an extension of the Occupancy Agreement for Minsk Market, 3932 Sibley Memorial Highway, to September 1, 2007 and authorize the Mayor and City Clerk to execute the related agreements. Motion by: Second by: Those in Favor: Those Against: 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 in a regular meeting thereof assembled this 1St day of May, 2007. Maria Petersen, City Clerk Agenda Information Memo Eagan Economic Development Authority Meeting May 1, 2007 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION The EDA will be asked to hold an executive session to discuss to discuss the possible acquisition of the Mediterranean Cruise property, located 3945 Sibley Memorial Highway in the Cedar Grove Redevelopment District. The EDA will go to closed session and will adjourn this meeting when the closed session is completed. 1~